The Barre daily times. (Barre, Vt.) 1897-1959, 1921-08-11
And Not District Attorney
Tufts, AS Regards
Filing Cases
BECAUSE JUDGES
ORDERED FILING
Attorney M. M. Johnson
Spoke in Behalf of
Tufts To-day

Boston, Aug. Il.-Closing argument,
of the defense continued to-day at tn,
trial before the supreme court of Dis
trict Attorney Nathan A. Tufts OF
Middlesex county for alleged misuse
of his office.
Melvin NJ. Johnson, senior defense
counsel, asserted that Attorney Cen
eral Allen, who brought the charges
against Tufts, in charging improper
motives in regard to cases placed on
file, was in reality directing an attack
against judges of the superior court.
In all cases of filing in Middlesex
county, he added, the disposition was
ordered by the court.
Taking up charge Of Withholding
evidence, Mr.. johnson declared the
records showed that all the evidence
was produced.
Speaking OF the case of Herman L..
Barney, who escaped from state pris
on while under sentence for killing
policeman and who later surrendered
TO Tufts, Mr.. johnson said that the
same charges were made in the attor-
ney generals annual report TO the leg
islature last winter, which the legis.
lature promptly put into the waste
basket
Mr. Tufts did not act in an official
capacity as a district attorney when
he apprehended Barney, since he was
out of his district at the time, he
added He acted in accordance with
conditions imposed by Barneys coun-
sci because the attorney general had
the key to the situation and was the
only one through whom Barney could
be found, Mr.. johnson said
Whatever else may be said, Barney
is back in the states prison." Mr..
johnson said, "and he is back because
Mr. Tufts put him there And he is
back solely because Mr.. Tufts followed |
the course laid out for him by Bar
ney's attorney"
Mr. Johnson concluded his argument
tN h~rtf AIHE huAA 4 At - htNhANAA WIN !
mendation not blame, for his acts in |
lhe Barney ease, and that 'if there are
evils, the evils should be punished |
through those who committed them,
rot by making a vicarious sacrifice OF
his defendant
Attorney General Allen rose TO open
he states argument.
Mr.. Allen said that only circumstan-
isl evidence had been introduced to
support the charge Of conspiracy
against Tufts but asserted that the
supreme court had held that cireum-
tantial evidence was sufficient to con.
let in such eases.
Speaking OF conference of motion
,icture men. who. he said. had been
ummoned by the then mayor of Bos-
on, James NJ. Curley, the attorney
eneral said that although there were
70 criminal charges against them ar
were made TO take them
o see Mr. Tufts the next morning
Although Tufts and Attorney Dan
j II. Coakley had denied that the dis
rict attorney said that IF the com {
could be gotten off his back q
e would not prosecute" there was ev-
lence to substantiate this statement J
+ Hiram Abrams. one OF the motion ;
icture men, the attorney general de-
AIRED.
Regarding the payment of 100000
v the New York men, $4,000 to 5
oakley and $4,000 to other counsel, a
lien asserted that on the very day
ne money was paid over to one Of
le attorneys Tufts cancelled a grand
iry summons, which had been issued e
,ainst Charles Wright of counsel for ,
le motion picture men. !,