Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1898-08-26
GALE AGAINST Fits.
SUIT Brought 20 Collect "A Note Formerly
Held by GEO. II. Rfchards

r. &. Gale was the piaintiti and c. c.
rIiis The defendant IN d suit which was
begun Monday Ia the Ofii .e of the county
clerk before Justice r. o. Taylor Of West
btatIenor9 and jury consisting of Fred
sargent &. +. k-ea, Winthrop Adams. T.
l.. Putnam. *. w. Cliids and j. H. Put
nam.
The facts of the case, as they are under
stood. are these. Daring portion II The
time hat Mr. Fi,.s was states attorney
George II, Richards was proprietor OF the
American House. For several weeks Nj
tlts boarded d tie house While he was
there Mr.. Richards advanced money 10
pay Tor purchase made Dy Fits of one OF
richards friends To cover this Fits
gave Richards a check which the latter al
terwart placed In the bank
Nj. Fltts aterward paid $50 on the
cneck. Nj Richards was owing the Brat
tieDoro Gas Light company sum equal to
the balance due him on Mr.. FUSS check
so he arranged with c. Il. Thompson, who
Is employed III the bank and who is a
member OF the company, to cancel the
debt and look TO Nj. Fits for the pay
ment OF the check. Mr. Fits afterward
pad the balance due on the check but he
failed to take the check up.
f. c. Gale learned that the check was
still al the bank SO he bought the check Of
Nj. Richards, as he claims, getting it at
the bank one noon when Mr.. Thomson
was away, and brought suit TO collect it of
Nj Fits, Il is understood that Gales
motive is to get even with Mr.. Fits for
the part the latter has taken in the pros
ecutions against the brewery.
In Favor of Mr.. Fits.
The jury in the case Of +. c. Gale against
L. {. FIts, which was reported in The
Evening Phoenix tuesday. returned A yer
dict III favor OF MI Fltls, allowing him
To recover also his costs. The Jury We're
ont about 20 minutes.
The uncontroverted evidence was that
Nj, Fits gave the check to MI Richards
III leaJ, and upon trial Mr. Fits conceded
lhal The check was genuine and was given
Tor valid consideration. Mr.. Fits plead
ed payment, and upon this plea he testified
that the nrst notice he received that the
check had been presented to the bank for
collection was two years after it was dated.
lie then procured a cashiers check for $50
which he had in the bank and presented
II to Mr. Richards, who told him that ii he
ttltts)would pay a bill of SO which the
bfatue0oro Gaslight company had against
him (Richards) he would call the account
settled To this proposition Mr. Fits
agreed
Charles II. Thompson testified that
about that time Richards came TO him as
collector for the gas company and told him
OF the arrangements with MI Fits and
that he could look to Mr.. Fits for paw
ment of the bill. Mr.. Thompson told Nj.
Fits that the amount of the bill was SIS.
Mr.. Fits replied that that would leave a
balance due of 50 and interest, amounting
TO $50, and he put collateral for the whole
amount in Mr.. Thompson's hands.
The check remained in the bank with
no endorsements until a year ago when
Gale appeared with an order from MI.
Richards to procure the check, which was
surrendered by Cashier Richardson in Mr..
Ihompson's absence Gale afterward
presented the check for collection and MIR.
Thompson told him that if he would make
the endorsements OF $50 and SIS he
tIhompson) would pay the balance. but
this Gale refused TO do.
The attorneys Were Burt Chellis of
ClaIemont y. H., for Gale. and United
States District Attorney d. L. Martin for
Mr.. Fits.