The Barre daily times. (Barre, Vt.) 1897-1959, 1921-12-28
CASE
MOL PROSSED.
After Having Been Before
Court Nearly a
Year
RECORDS SHOW IN
PELLETIER AFFAIR
Attorney General Tries to
Prove Pelletier Had I'M
proper Motives

Boston, Dec. 28.-Counsel for Dis
trict Attorney Joseph G. Pelletier were
victors today in brief skirmsh
which marked the opening of the sec
ond day OF the hearing before the SUI
preme court of Some sixty charges Of
misconduct on which request for his
removal has been made by Attorney
General j. Weston Allen.
The court sustained q demand by
Senator James A. Reed of Missouri,
senior counsel for Pelletier, that Louis
Epple, secretary Of the Boston licens-
ing board, produce private records Of
the board showing division OF own
ership in the Higgins hotel. Meyer
Berman, d part owner in the hotel,
testified yesterday that he paid S50,-
900 In the fall Of 1916 and the follow
ing spring to Daniel H. Coakley, d To-
cal attorney, to settle complaints made
against the hotel, after Coakley had
advised him that the payment would
prevent indictments being returned
against him. his two sons, and bis part
ner. Isaac Gordon. In the Berman case,
ATTORNEY General Allen charges that
Pelletier aided in the extortion Of mon
ey under threats of prosecution.
At the request of Senator Reed,
Samiiel +, Berman, one OF the sons,
was recalled to the stand after Epple
was excused temporarily to obtain the
records which the defense demanded
After a brief examination Of three
witnesses. none OF them testified to
any material matters. Attorney Gen
eral Allen announced the state had
finished for the present with introduce
tion OF evidence in the Berman case.
Senator Reed voiced strong objection
to the announcement that further evi-
dence might later be offered In this
case. He contended that this would
preclude Mr.. Pelletier from moving at
this time for the elimination OF the
Berman charges on the ground that the
state had failed to prove them. The
court. however, sustained the attor-
ney generals method OF procedure.
The allegations that District Attor-
ney Pelleticr. from improper motives,
failed to prosecute Merrill w. Shute,
after the latter had sconfessed TO EN-
bezzling $4,000 from Emma r. Brack-
ett Of Bangor, Me-, that Pelletier made
faise statements TO III. H. Paten and
William II. Powell, counsel for Mrs.
Brackett, and that he caused certain
entries on the criminal docket to be
altered. were next taken up. Senator
Reed objected to the introduction OF
evidence in this case, calling the courts
attention to the fact that testimony
on this charge was heard before the
Joint judiciary commission Of the Mas
sachusetts Legislature in 1917. He as
serted that the charges at that time
were found insufficient to warrant In
vestipation. When the attorney gen
eral insisted that the charges be
pressed in the present proceedings, the
court directed him to proceed
III. II. patten, the first witness, tes-
tilted that he laid the facts surround
ing the embezzlement before District
Attorney Pelletier The latter, the
witness said. told him that George +.
Thompson of Bangor wanted TO be
heard from before there was any in
dictment. subsequently, the witness
said. he appeared before the grand jury
at Nr. Pelletier's request and Shute
was indicted.
At this point Attorney Robert O.
Dodge, who is associated sith Attor-
ney General Allen in the prosecution,
offered in evidence copy of the in
dictment and subsequent proceedings
in the criminal court.
The papers showed that Shute was
arrested in December, 1915, released on
s5 900 bonds and that the case was
finally mol pressed by the district at
torney on Nov. TO, 1916.