The Barre daily times. (Barre, Vt.) 1897-1959, 1920-11-04
GRAHAM SAID
NOTHING WHEN
SENTENCED|
But Placed Himself in the|
Hands of the Sheriff
After Sentence Had Been|
Pronounced - Attorney
Darling Made Plea for
Client.

Horace f. Graham, formerly COVER
nor OF Vermont, was sentenced in Ver-
mont supreme court at Montpelier to-
day to serve not less than five wears
and not more than eight wears in the
state prison at Windsor and to paw
the costs of prosecution, having been
convicted on more than so counts of
larceny while serving as state auditor.
The sentencing of the former state ex-
ecutive was accompanied by one of the
most tense moments in the history of
the court, the judges on the bench
seeming to feel sense of depression
and Judge George NJ. Powers voice
plainly showing the strain as he de-
livered the sentence, while the court
followers were moved by the unusual
occurrence.
Ex-Governor Graham was found
guilty in Washington county court ear
lier in the year after having made res
titution of the greater part of the
sum named in the indictments.
Attorney H. X, Darling of Chelsea,
appearing for the respondent, an
nounced to the court that his client
wsived exceptions and asked for per-
mission TO withdraw petition for a
new trial. The court granted permis-
sion and ordered an entry of such ma
ture to be made on the records cf
the court
Attorney General T. C. Archibald
then moved for sentence. making
short statement relative to the case.
He gave history of the case over two
years since the indictment took place.
He referred to the fact that 10 men
had found Mr.. Graham guilty of grand
larceny and that the case had been
conducted with no bitterness on the
part of the prosecuting officers. He said
the respondent had betrayed his trust
imposed in him and closed by saying
that he himself had nothing to rec
ommend as to the penalty.
Attorney Darling said he would
make no appeal for sympathy, that
Horace +. Graham would be the last
man to permit that. He referred To
the respondents record as a public Off
cial, that il had been the custom TO adj
vance money to the state officials. He
referred 20 varied investigations in
which the auditor had been cleared
each time. He spoke of the trial. which
had been free of exceptions, only one
being found upon which to come to this
court. He referred to the fact that
the Jury had taken only three hours
in reaching a decision in a heavy mat
ter He spoke of Governor Graham
as a war governor,
L. IL Deavitt said he had not been
asked TO speak and did not know that
what he said would add TO what had
been SO well said but that as a friend
Of Mr.. Graham he could not help ex-
pressing his praise of Mr.. Graham's
except as to the handling of
his own finances.
Attorney General Archibald then re
piled TO the statements made for the
and the court retired To
is chambers, where a consultation was
held for an hour.
When the court returned shortly be
iore II 1880, Chief Justice Watson an
that Judge Powers had been
'hosen TO impose sentence. Asked ii
ie had anything to say why sentence
,hould not be imposed. Mr.. Graham re
,lied: "No, sir" Judge Powers said
hat when the case comes 20 supreme
'Ourt> il is stripped of all sentimen.
md that the court is called upon mere
v TO consider the law in the matter.
1e said the court had reversed the law
elative TO penalty and had found that
he maximum penalty was 10 wears.
Without further comment, Judge Pow
r. ordered the respondent 10 serve
tot less than five wears and not more
han eigiS years in the state prison
nd 10 pay the costs OF prosecution,
nding nv saying: "Mr. sheriff. the
IS in your custody" Judge
'owers' voice shook with emotion as
e said those words.
The respondent then walked over 20
he sheriff and held a whispered oon-
erenoe, after which be left the court
n company with his attorney, Mr..
Darling.
Opinions Rendered.
In the Washington county case cf
ohm L SpauldinC. administrator, W.
futual life Insurance company Of
-ew York. the answer which was fled
j court was adiudeed insufficient and
be case was reversed and seut back
D the loWer court
In the Essex county case. Glenn Tar
III Va Grand Trunk railway. the de-
-es uas reversed and cause remauisd.
Arguments are being made 10 tie
-ashington county case Of Leland ".
eonard. relative 20 a book acosunf. in
hich the hsrdVritlRg of LeouAri xas
{ cxh45iti0E.