Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1905-09-08
CHARGE NOT SUSTAINED.
Apparent Attempt to Dlseredlt Attorney
General Fits Unsueeessful-Dld Not
Act In Dual Capacity.

''FFN~'N TeNSWPh " OlSCTeoV AttoTney,
General Fits Unsuceessful-Dld Not
Act In Dual Capacity.
futile attempt has been made to
discredit Attorney General Clarke G.
Fits this week, using as a basis a
circumstance which developed during the
now famous Bartlett Prescott lawsuit.
Mr.. Fits was attorney for Mr.. Prescott
and at the same time he was counsel for
Bailey & Crown in a suit against Mr.
Bartlett and trusted Mr.. Prescott In that
suit. Mr. Prescott lost in the Bartlett
case, and Immediately he set up a claim
Of double dealing on the part Of Mr.. Fits
and refused to pay his fees, making 1t
necessary for Mr.. Fits to bring suit
against him to recover the amount
$2lO.6S. Prescott claimed that It was
necessary for him to lose in order that
Bailey & Crown could win in their trustee
process.
A. w. Butler of Jamaica was appointed
reteree TO hear the evidence and a hear
ing was held in Newfane Wednesday.
EN-Mayor Spellman of Rutland appeared
Tor Mr. Prescott. Mr.. Prescott's allega-
ton was given wide publicity in a column
article In the Boston Herald yesterday,
sent to that paper by a regular stan
writer who attended the hearing
The anlmus of the whole thing is
patent to all acquainted with the circum-
stances by the fact that Fred c. Gale
hired Robert j. Merrill of Claremont
stenographer, to take down the testimony
and that Gale went to Newfane with the
Herald reporter and prompted and
suggested to Prescotts lawyer during
the hearing.
Mr. Buffers report, filed last night,
entirely exonerates Mr.. Fits. After his
opening statement and reference to the
TACT that Mr.. Fits was counsel for Mr..
Prescott from June 16, 1897, to the April
term of court, 1904, during which time
the Bartlett case was the only litigation
OF any size in which Mr.. Prescott was
engaged, the referee says: Evidence of
both sides shows that Mr.. Fits sued Mr..
Bartlett and trusteed Mr.. Prescott with
others, but also shows that Mr.. Prescott
became informed of that fact and was
also told by Mr.. Fits that he, Mr.. Fits,
would protect Mr.. Prescott's interests
in the trustee process in preference to
those Of the other client and the other
client so understood, and that Mr.. Pres
colt still retained Mr.. Fits"
The report further says: II find that
Mr.. Fits was unable to be present at
the term at which this case was disposed
of, but that Mr.. Prescott and the other
attorneys on the case had notice of this
fact and that Mr.. Fits had made pro-
vision for the protection of his client"
After stating the fact that Mr.. Fits
offered to discount his bill to S125 with
out interest, the report continues: From
the facts found above l find that Mr..
Fits was not acting in a dual capacity,
as claimed by the defendant, and that
he did not, because of the suit in
which Mr.. Prescott was trustee with
others, endanger Mr. Prescotts interests
in the Bartlett case, also that Mr.. Fittss
charges were in all respects reasonable
and just for the work performed and that
said work was well and faithfully done.
But l find for Mr.. Fits to recover the
sum of 1925 without interest to date
instead of S210.6s as that was all that
was requested of me to find on the part
of the plaintiff, otherwise 1 should find
for plaintiff to recover the sum of $210.6S
with interest as the above sum is the
true balance Of the account"