The Barre daily times. (Barre, Vt.) 1897-1959, 1920-01-30
CHECK FOR $11,105.N
WITH THE LETTER
Ex-Gov. Graham Was on
the Stand Yesterday Aft
ern0on in His Own De-
fense - State Treasurer
Scott Was Again Exam
ined, This Time Regard
ing Refunds to State.

State Treasurer w. f. Scott was re
turned to the witness stand in Wash
ington county court to-day to testify
about a letter he received at the time
a ll,l0507 check was paid, the letter
having been signed by II. I. Graham
Treasurer Scott followed ex-Gov. Ora.
ham, who started his testimony yester-
day afternoon in defense against the
charges Of embezzlement and larceny
Of state funds while he was auditor.
: The state objected to the admission
Of the evidence. Judge Butler, how
ever, admitted it and quoted the au-
thorities The court said he was at
first in doubt about admitting evidence
that pertained to period prior TO the
date the defendant was suspected; but
be came to the conclusion the ruling
was proper.
The letter was admitted TO show
s'state of mind" and not as bearing on
the question of facts contained 1t
was read by Mr.. Stickney. Mr.. Scott
identified the check for Sll ,l05.01 as
that mentioned in the letter.
The letter stated that the check was
TO cover the balance of all orders from
July |. 1914, not heretofore returned
or vouchered for. The letter said he
purposely refrained from paying the
sl.lOO amount called to his attention
bv Mr.. Gates. The first four years OF
his office were not covered. as he con-
sidered very careful check had been
made bv the inspector of finance and
the legislative committees.
Regarding payments by Gov. Ora
ham. witness said refund of 81 900
was made Nav 4. 1918, which was COM
posed of $40 in cash and check for
sl,46O on the National bank of New
port: on May Is, 1918. $3.50, check
Of the treasurer of the Bankers Trust
Co. of New York and endorsed by Mr..
Graham; June s. 1918, $4,000, for 81 200
on account of highways and 81 800 on
account of highway work; June u,
1918. S215.4l, personal check of Z. II.
Deavitt on the Capital Savings Bank q
Trust Co.: Nov 4, 1918, ll,l05.0I,
check of 4. II. Deavitt. special, with
the Capital Savings bank, certified be-
fore presentation.
On being cross examined by Mr..
Archibald, attorney general, the wit
ness. Scott. said the certification on the
sll 900 check was made on Nov. 9,
1916.
'More than two months after the
check was drswn?'
> 'Yes, sir"
State Treasurer Scott was asked il
he know who dictated the words, ''re-
ferred auditor of accounts" on the re-
cepta. He said he had no personal
knowledge, but thought it was placed
there by Mr.. Cave. He had no personal
knowledge who wrote these words ON
any of the receipts, as he was not pres
ent-in the office. He had no information
on the amount of the overdrafts in
the auditors Office He did not know
that he was ever informed that Mr..
Deavitt was Mr.. Grahams attorney.
He might have inferred t. He under
stood he was representing the respon-
dent when the letter was presented.
About Aug. "a, 1918, he received COM
munication from Bank Commissioner
Williams. stating the amount claimed
to be due from Mr.. Graham. He did
not think IL was as early as March
when he had information about this.
Mr.. Graham Called.
Gov. Graham resumed his testimony
nj IL o'clock. at the close of the fore
noon recess. He testified he had an ac-
count in the National Bank of New
port, made up of the state orders and
other moneys as deposits. He drew on
this account for interest and notes held'
BY the Lamoille County Savings hank.
ono being TO paw a note Of $3.50
signed by Graham & Skinner. himself,
his mother, and Augustus Paddock.
When he left the Office he told Mr..
Gates that his account as auditor was
not settled; did not tell how il would
he settled. Had not made payment
before Nav because the legislature
was in session and he ~had his hands
fnlIs: after that war was declared
and he did not have a moments
time As soon as he did, he attended
TO this.
Mr.. Graham testified he paid 81 coo,
Si00. $1,000 and $500. He had funds
in the treasurer's Office. Il was in an
envelope which he gave 20 Mr.. Cave.
about $3.50 20 $4,000 Relative to
~ .2OO. he explained how that happened
to BE- IN the treasurer's Office He ad
,anced $1,000 to the highway account
and drew against II. Finally Mr.. Bates
took care Of the advance. and Mr.. Gra-
ham. thinking that another advance.
drew an order. and Il rested in drawer
and Wa left there until be moved u to