The Barre daily times. (Barre, Vt.) 1897-1959, 1920-01-23
DEFENSE ADMITS
ORDERS PAID
Continued from first page.)

account with the bank. The account
was opened in March. 1915, and the
account was apparent Jan. q, 1917 1t
was closed at different times, including
Sept. 10, 1915, Oct. 81, 1915, June II,
1916, July 3, July IA, July 20, 1916.
| MIR. Stickney is president Of this
bank and he inquired at some length
about the Graham balance and the
closing of an account. Mr.. Perkins was
asked TO testify about the deposit slips
| but objection WAS made because the
question called for conclusion, so the
| question was not permitted. ~
| Mr.. Stickney offered concession that
all these checks could be admitted as
showing that Mr.. Graham did his bust
ness through that bank in part and
! that they were the orders handled in
| the regular routine of business. He
did not see why it was necessary to 20
| through the acceptance OF each order,
for the orders showed for themselves,
there being no question about their
collection at the bank. He was willing
| to admit the concession to help along
the work because sit had been slow
enough he said He was not Offering
the state suggestions as to how TO pre-
sent its case but saw no need Of follow
ing every order through the banks, for
Mr.. Graham banked them and had the
avails of them.
MIR Barber tried TO have ii conceded
that the ayails went TO Mr. Graham's
personal use. which was denied One Of
the endorsements was blind and Mr..
Stickney said the big banks, through
which this check had passed, had smoth-
cred the endorsement OF his bank, which
brought laughter in the jury box.
Gilbert Il. Woods of the Citizens
bank at st. Johnsbury was the next
witness. This banking was when Gras
ham & Skinner carried an account, OF
which Mr.. Graham had the checking
authority. He could not say whether
Mr.. Graham drew a check for his per
sonal use. 1t was brought out that
probably Mr.. Graham will take the
stand for his attorney stated that MIR
Graham probably could tell the use
that was made of the checks when be
came to testify. No cross examination
of Mr. Woods occurred The orders de-
posted in his bank went by concessions
of the respondent.
James H. MeCarten of the Newport
National bank was the last witness
yesterday afternoon. He testified as TO
Mr.. Graham's carrying an account in
the bank there and that it was not
closed Jan. 7, 1917. Mr.. Barber asked
him if there were any overdraits
against the respondent during the time
that he had carried an account in the
bank Mr. MeCarten referred TO his
books and found that Mr.. Graham had
overdrawn in the several years some
10 times in small sums Three Of these
were three days together, when the
accounts showed an oyerdraft of Sl.56
for each day. Another was s4.l7, while
another was S3.02, and the largest
amount at any time was S2467 There
were also several deposits shown dur
ing the course OF the examination. Then
the matter of the orders that were
passed through the bank were dis
cussed All were conceded excepting
two. one of which was not on the bank
at all and had been mixed into the lot
in some way. and another which Mr..
Barber withdrew.
Mr.. Barber asked the cashier to tell
what Mr.. Graham's multiple balances
were and the cashier replied he did not
know what the attorney meant, after
which the matters of oyerdrafts made
by Mr.. Graham was again discussed:
but the cashier could not tell whether
MIR. Graham was notified of the over.
drafts.
The records showed that there was
balance in the bank Jan. !. Beginning
Jan. 6. 1917, the cashier read the bal J
anees backward until Dec. IL. and each
time showed Mr. Graham had cash on
hand and excepting one date, Dee. %,
there was a sizeable amount on hand.
That date the account was as low as
$40. Most of the time it was over
$3.50 Some of the time over $500 and
three times over S400.
Mr.. Barber then asked about de-
post Dec. IA, which showed 500 de-
posted and the slip showed that $500
was by check on the Citizens bank, /
while the other $500 was upon the
Bethel bank, which ended the days
work.