The Barre daily times. (Barre, Vt.) 1897-1959, 1921-07-26
CICOTTEvS CONFESSION
IN BASEBALL SCANDAL
WAS BITTERLY Y FOUGHT
TUFTS HAS SCORED
ANOTHER VICTORY
In Courts Decision to Throw Out Evi
dence Relating to Aggregate
of Sentences.

Boston, July 26.--Dstrict Attorney
Nathan A. Tufts scored further point
to-day in the supreme court proceeding
by which Attorney General Allen seeks
to have him ousted from his Middle
sex county office.
| The attorney general had presented
in support of his charge that Mr.. Tufts
had failed to prosecute many cases
two large volumes representing com
| pilation of cases in 1912 and 1920. The
effect Of this evidence, if allowed, was
to show that the aggregate of SEN
tences obtained was small, and that
after appeals many cases were quashed
or filed. Counsel for the district attor-
ney announced that if this matter was
admitted the trial would run into
months because Mr.. Tufts would enter
defense on every one OF the ,3SS
cases involved
The court ruled to-day that the az.
torney general could proceed only with
such of these cases as he could show
Mr.. Tufts had personal knowledge of.
This ruling was in line with a previous
decision BY the court as result of
which the prosecution yesterday
dropped nine Of its specific charges
against the district attorney.
The attorney general offers tabu
lations and analyses of the records of
the superior court made by members
of the bar of recognized probity,"
said Chief Justice ,Rugg in announcing
the courts ruling.
Mere numbers Of cases filed, or in
which the defendant was placed on
probation, or in which lighter sen
tence was imposed in the superior
court, offered without evidence of in
or corruption on the part
of the district attorney are not evi
dences that the public good requires |
the removal OF a district attorney"
The filing Of eases, sentence OF pris- /
oners and placing them on probation
are acts of the court and not of the |
district attorney, the chief Justice
added.
The mol PROSE- of cases by district
attorney is on an entirely different
footing. he continued, adding that in
these the district attorney is solely
Accordingly the court
-uled out the compilations except as
hey relate to cases that had been mol
orossed.
Attorney General Allen. addressing
he court, declared that the common
wealth would examine the records of
he cases and if there was time to j.
resent that portion of the records
Which the court specified as being ad
nissable he would do so.
Counsel for Mr.. Tufts said he would
,e glad to have the prosecution intro
luce its evidence al any time.
Lester B. Hennessey Of Lynn, who
vas charged with operating an auto
Mobile while under the influence of
iquor, testified that in the lower court
e was given 30 days sentence and
med So He appealed
He said he then consulted Joseph
l. Dennison Boston attorney. TO
-hom he paid $500 Some months be-
ore the payment to Dennison he said
e heard the case was 70 he fixed up
He went TO see District Attorney |
'ufts, with Deputy Chief OF Police I
allahan of Lynn, he testified, and :
sked the district attorney if his case '
-as to be settled The witness said {
lr. Tufts replied "No; anyone who a
avs he'll get me, I'll get him"
Hennessey denied at the time that {
e had made any statement derogative T
} the district attorney. Subsequently, B
E said, his case was mol pressed BY j
istrict Attorney Wagner +