Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1902-08-29
Mr.. Fits and the Thompson VIII
Case

Case.
Some of the opponents of Clarke c.
Fits, the Republican candidate for
town representative in Brattleboro,
are making an entirely unwarranted
and unjust attack on him regarding
his fee in the Thompson will case. As
matter of fact the ability which Mr..
Fltts displayed in this case, and the
good which he accomplished for Brat
tleboro, should be arguments highly
favorable to his election to represent
the town in the legislature. The
present Democratic candidate for
county senator, in writing for publi-
cation regarding the Thompson es-
tate, said it had escaped public atten-
tion for the reason that there was
no expectation of getting the money"
Why did the town finally get the
money! a good deal more money and
under a good deal better conditions
than specified in the will? A review of
the facts ought to silence the cheap
talk which has been advanced in the
name of politics.
After the death of Mrs. Thompson
in July, 1899, citizens of Brattleboro
subscribed 5000 to pay the expense of
investigating the case, but not cent
of this money was ever paid. Judge
Waterman and Mr.. Fits took up the
case as counsel.
The litigation began in August, 1889,
and was finally closed in June, 1901.
The amount involved was nearly a
million and quarter of dollars. 1t
required review of the accounts of
the estate for 80 years, extended de-
tail work, with many hearings at
Boston, and negotiations with the
Rhinebeck, N. Y, people, aside from
the large amount of work done in
Brattleboro to meet the conditions
as they arose. Mr.. Fits made 32
different trips to Boston on account of
the case, each trip occupying two days
TO weeks time. He made every
thing else secondary to this case. clos
ing his Office when he went away to
attend to it. He paid out of his own
money for expenses alone $524 of
which he would have received moth.
ing back had the case not ended sue
cessfully. He put in all the time re-
quired, which was a large portion of
his time for almost two years, all
with no chance of remuneration if
the case had gone against him.
The Brattleboro counsel succeeded
with their work in getting a decree
that saves to Brattleboro a large por-
tion of the income which would have
gone elsewhere had 1t not been for
their efforts. Under the strict terms
of the will only small portion of the
income could have been expended in
this town and the balance would have
gone to working women elsewhere,
but the decree as finally drawn is
such that two-thirds of the whole
income of the estate is to be expend-
ed here. Under the terms of the
WILL Rhinebeck and Brattleboro were
to share alike, but under the decree
Brattleboro has two thirds to Rhine
beck's one third.
The service rendered by Mr.. Fits
was constant and faithful and crowned
with entire success. At the end he
took just the fee that the court in Bos-
ton awarded him, which was $500.
The court knew just what he had
done, how much time and labor he
expended and the quality of the SER
vice, and that court certainly was bet
ter able to judge than any one in
Brattleboro who knows nothing about
it. This fee was paid out of the ac-
cumulation during the litigation
and has not taken one penny from any
one in Brattleboro.
Mr. Fitts's connection with the mat
ter entirely ceased in June, 1901. He
has nothing whatever to do with the
fund, its handling or distribution.
All these facts and the full story about
it can be ascertained by any one who
chooses to inquire of the local COM
mittee, the trustees in Boston, the
court in Boston, the Attorney General
of Massachusetts or the Attorney Gen
eral of New York, or of anybody con-
nected in any way with the case.