Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1905-09-08
PRESCOTT SEEKS JUSTICE
CLAIMS HE WAS NOT FAIRLY
REPRESENTED.
Ex.Mayor Spellnan Of Rutland Cues
tions Attorney General Fits as to
Conduct Of Bartlett Prescott Case
Hearing at Newfane Wednesday.

The case of Clarke C. Fits VS.. Dam
lei p. Prescott OF Vernon, adjourned
from Monday. Aug, Il, at Brattleboro'
was heard at Newfane wednesday,
Sept. s, before Referee A, w Butter
of Jamaica, ex-Mayor John D. spell
man of Rutland appearing for Pres
colt r. ID. L. Stowe is nominally couh-
sci for Attorney General Fits.
The case is an action of account
brought to recover 2l06S from Pres
colt. claimed TO be due Fits for SER
vices rendered in the case OF Bartlett
vs. Prescott in which Fits was Pres
colts attorney. Prescott claims lna'
Fits did not properly represent him
in the case and consequently he shouid
not be called upon to pay The case
was docketed last February, and came
up at the April term. when Prescott
failed To appear, having been unable
to secure a lawyer to represent MN,
The court later appointed A. W.
Butler as auditor and the hearing was
set at Brattleboro, Aug. II. J, G. Sar-
gent of Ludlow was retained by Pres
colt. and the case was continued TO
Sent 6. at Newfane. After looking IN
10 the case and comforting with f1tts,
Attorney Sargent declined to take II up
land Mr.. Spellman was engaged. since
! then. Spellman has received the 1oi-
lowing letter postmarked Brattleporo'
Dear Sir:-Would you give your
services to lot of blackmailers IN
Brattleboro to embarass brother at-
torneva FRIEND.
The 'imputation is that this letter
was sent by Mr.. Fits or one OF his
friends. There is no evidence OF ils
source and Mr. Fits positively asserts
that he has courted investigation IL
may have been sent purely for puf-
noses of publication. Not being sign
ed, il has no weight in the case.
/ Fits was on the witness slalo Ioi
two or three hours wednesday ne
answered all questions put by spell-
man although he desired II to appear
a mart of the record that as judgment
IN account had been rendered in court
the only relevant matter before the
auditor was the specifications IN tne
hill the right to go into other phases
having lapsed when Judgment was
rendered at the time the suit was
brought Fits explained the items OF
his hill. stated that he had agreed 70
discount II to SIPS If Prescott Wouio
nav that much and that Prescott NAG
refused. He (Fitts) did not lhteiu
to insist on payment of the run amoun.
at this time, but he wanted Judgment
in his favor. ;. 80 ,r,,s
Spellman then asked II II was .rue
that while the Bartlett-Presco case
was nending. Fits had taken case
for Bailey and Crown In which Pres'
eott was named as trustee and Bart,
lett as principal Fits admitted ina,
be had but claimed that 1t did no.
have any effect on his work for Pres
cott Fits admitted that his nani'
was on some of Bailey's paper al TN
people's bank, but said that any ciaili
Railey might have had on the proceeo'
was more than taken up by ano.nel
suit brought by Stockweil agalhs
Bailey. When the matter was nnaii;
adjusted Bailey's share was s5s, WHY,
was pajd out of Prescotts money D.
Waterman and Martin, counsel D)l
bartlett to Fits, after paying F1tts
fee and paying Stockwell. Spellmai
asked Fits IL the suit of Bailey am
CROWN could have brought the result
sought if Prescott had not lost nj
case. Fits insisted that the one cas-
could not influence the Judgment 1
the other in any way -.
Fits testified that both Presco'
and BAILEY and Crown knew the cir
, cnmstances and understood that !
: case of any conflict OF interests III
duty was nrSJ 10 TTeSSpt'.
Attorney Spellman said In suiillliiil
Inn. mo amount of talk or argumen
will explain away the fact that II M
Fits succeeded in collecting the luds
ment which he had in his hands 10
crown and Bailey it could only occu
nv having Prescott. whom he deIeho
ed in the Bartlett suit defeated
After rehearsing the facts as snow
!. bv the evidence reported ABOVE III
). report of the auditor says
;. From the facts found above | mn
that Mr.. Fits was not acting IN qua
S capacity. as claimed by the defendail
e and that Mr.. Fits did not, because
the suit in which Mr.. Prescott wa
a trustee with others, endanger MI. rres
" cott's interests in the Bartiet cas-
= also that Mr.. Fitts's charges We're
ali respects reasonable and Just II
: the work performed and that SAID woi
Y was well and faithfully done. But
y find for MIR. Fits to recover the SUI
of SIPS without interest to date. instea
of s21O.6S, as that was all that we
requested of me to find on the part
the plaintiff, otherwise l snouio III
for nlaintiff to recover $21O.6S witno'
interest as the above sum is the trt
= balance of account.
"A. w. BUTLER, Auditor.