The Barre daily times. (Barre, Vt.) 1897-1959, 1921-08-08
COURT HOLDS
UPDECISlON
TILL LATER
Attorney for Tufts Also De.
clared He Wished to
Present Evidence That
Conditions in Middlesex
County Had Improved
During Tufts Term
rsIFWFi

Boston, Aug. s.--Counsel for Distric
Attorney Nathan A. Tufts of Middle
sex county to-day charged before tn
full bench of the supreme court tina
Attorney General j. Weston Allen wa
actuated by political motives in bring
ing the present proceedings for re
moval of Tufts for alleged misuse o.
his office.
If his petition is to be allowed tC
introduce evidence in support OF this
charge was granted by the court, al
the superior court judges would be
called in the case, Tufts counsel said.
Melvin M. johnson, chief counsel fol-
Tufts, in making the request of the
court, said that the defense wanted to
show why the present proceedings
against Tufts were Instituted and car
ried on by the attorney general add
ing that he also wished to offer evil
dence that conditions in Middlesex
county had improved under Tufts as
district attorney.
Chief Justice Rugg delayed ruling on
the petition until later in the day and
Tufts was recalled for cross examina-
tion.
Tufts was questioned concerning the
case of DIR. Alfred w. Lavigne of Low
ell. who was indicted on charges of
performing an Illegal operation on a
young woman which resulted in her
death. That part of the indictment re-
citing death was mol pressed and DIR.
Lavigne was fined $500.
Judge Bell of the Superior court sug-
gested this action, Tufts testified. He
said he had made no suggestion.
Attorney General Allen asked why
the Judge had been told the woman
had made no dying declaration when
the medical examiners report said
she had made dying confession, NAM
ing DIR. Lavigne. Tufts said he. sup.
posed it was because the confession
was not declaration admissible in
court under the rules of evidence,
which require that she should have had
knowledge of approaching death. He
added that he never had seen the medi-
cal examiners report
Tufts testified that the case of Lii.
lian r. Howe, charged with keeping
a disorderly house in Cambridge in
1920, still was ION the list" and would
be tried eventually.
A number of cases of men charged |
with stealing automobiles were taken |
up. In two instances where warrants |
were issued, Tufts said he had them |
recalled because he had promised coun-
sci that he would grant an interview
before the capiases were issued and he
did not want to break faith with them.
He denied having asked the district at
torney of Essex county TO have sim
liar cases against the defendants re-
manded to iddleseX county.
Some restitution on lasses by pur.
chaser of stolen machines was made
through him, Tufts said, adding that
the funds received for restitution all
were used for that purpose.
The case against Sheriff John X.
Fairbairn of Middlesex county, VIII,
was sued for money claimed to be due
the county through defalcation of a
subordinate, has been pending for
years, Tufts testified. II was pending
when he took office as district attorney
and his efforts to bring it TO trial
were blocked by the death of Henry Il
{. Sawyer, counsel for the sheriff.
Tufts counsel then produced an order
# the superior court extending the
time for filing the report of the audi
tor in the case until March |. 1922. -