The Barre daily times. (Barre, Vt.) 1897-1959, 1922-01-23
CONDUCT WAS
NOT IMPROPER
Pelletier Attorney, Louis p.
Boyle, Argued
To-day
TAKING UP FOUR
OF ACCUSATIONS
1t Is Expected the Argu-
ments Will End Tues
day Noon

Boston. Jan. 20. 3.--Arguments in the
trial Of District Attorney Joseph g
Pclletier, charged with malfeasance
misfeasance and nonfeasance in pro-
ceedings seeking his removal from Of
flee, were begun to-day before the full
bench of the supreme court. Louis p
Boyle of Washington, formerly attor-
ncy general Of Kansas, made the open
ing arguments in PelIetier's behalf.
Trial on the basis Of the long infor-
nation filed against Pelletier by At
torney General j. Weston Allen, which
began December 27, ended unexpected
ly last Friday, when Senator James A.
Reed of Missouri, senior counsel for
Pelletier, announced that no evidence
III defense would be offered by the re-
spondent. Arguments were expected to
conclude BY noon to- morrow.
Attorney Boyle reviewed briefly four
cases in which the district attorney is
charged with misconduct for retaining
in office assistants, alleged by the state
TO have been guilty of improper con
duct. Boyle argued that the action of
the assistants was proper IN the face
of the evidence available to them. He
that even though mistakes
were made there was no intimation Of
improper conduct or that PelIetier
should have done otherwise than re-
tain them
Referring to a case in which a stat
utory charge brought against Arthur
III Stone was mol pressed by an assist
ant, Boyle asserted the only reason the
case fvas presented to the court was
bera,ise the name Of Nathan A. Tufts,
former district attorney of Middlesex
county, who was removed from office
by the supreme court after similar pro-
eeedings last summer. appeared in the
papers in the case. He declared that no
evidence indicating improper relations
Tuft- and Pellctier was shown.
Boyle next took up the case Of NJ.
W. Shute. charged IN 1915 with EN- /
,ezzling $4,000 from Emma +. Braek
ut Of Bangor. Me-, which the govern
nent charges the district attorney mol
crossed improperly. Boyle argued that
pelletier took the proper course in view
# the fact that the district attorney
lad been informed numerous civil suits |
INVOLVING the money were pending in |
he Maine courts.
Boyle defended Pelletier's action in |
lisposing OF FIVE more OF the cases
itsd by the state, as proper and well
within the discretion of district at
orney He argued also that a fee Of
~ 600 paid to Peiletier and Daniel /
icIsaac BY Benjamin Piscopo, cited
y the prosecution as case Of extor
ion. was d reasonable fee for legel |
eryices and was earned by Pelletier
ghen he and McIsaac were law part
Iers.
Senator Reed announced that he and
is associate counsel assumed full re
for closing the case with
ut single bit of evidence. I'm our
he said. mot single case
as been made out and we felt we
ould safely leave il to the court with
ut dignifying the case with defense.
here can he but one conclusion. that
a dismissal of these charges.
He argued that each case must be .
1nsidered by the court as separate
lw suit. citing numerous decisions
hich he contended support that po
tion. He urged that the court also
,nsider decision as to circumstantial
iidenrc which he said requires that
,c1l circumstance must be weighed in
strict measure Of proof.
At the present trial he contended
le prosecution only connected circum-
ances by conjecture and inflamed
He cited numerous cases !,
so TO support his contention that the
,wer Of disposing of cases is discretion :
v even to the extent that the dis
Jet attorney may decline to prosecute :
ca Sc. the trial OF which in his judg !
ent would be against the pablic good !.