Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1906-02-16

give notes in settlement OF his obligations,
and to raise money upon bank notes endorsed
by his friends.
"It appears that this was his condition
ut the time OF the deposit OF the check In
question, and that items and obligations
payable at the bank where his account was
kept, came in and were charged up to me
account on the day. of the deposit or the
day following, sufficient TO substantially ex'
haust his entire balance.
Before he could pay over the collection,
| Ii was necessary to procure the account OF
his associate, and certain items OF costs ana
| expenses,
The main reason for delay, however, was
| the disappearance Of his bank balance as
stated We find that he had no intention
OF defrauding his clients, but that he was in
his obligations as fast and as soon as he
could accomplish it in his then financial con-
dition.
sent a check for $4,000 In letter OF which
the following is a copy; -,
- 'Brattleboro, VT, April 2, 1894.
L" Glen Bailey, Esq
!" 4 have succeeded in getting $3.50 Of
Smith & Co., for which l enclose check, The
balance will be forthcoming soon, think.
| II is amply secured, and / will push II TO a
close as soon as possible. Please acknowi'
YOURS !y?'!FS truly; g, Fits,
''on the elst Of June, 1924, said Fits
sent his clients a check for s102.40, the fun
| balance Of the collection, principal and in
terest, except his own and his associate
account, and the costs, which he distributed.
.'we find that said Fits safeguarded the
interests OF his clients in all respects and
with entire fidelity.
I'VE see nothing whatever to criticise in
this natter except the letter Of April end
which we regret; we note his youth, ana ms
peculiar stress but If it is within, the prov.
I L. II .fa Ctn NKa Unm
that fair, frank letter would have been
much better from every point OF view, and
would have served its purpose quite as well
and at less cost.
5000 stoutly litigated, said Fits having re-
tanned and paid associate counsel, eventually,
and within six months time, paid to his eli,
ents net the sum OF S252i0.
The Daniel p, Prescott Matter.
''The third ground of complaint is in re-
speet of the alleged unfaithfulness, and de-
ceitful and unprofessional conduct on the
part of said Fits, in his capacity as auor'
ney for Daniel p Prescott. i appeared that
Charles G. Bartlett by writ dated Deeem'
ber 10, 1900, and served the same day
brought suit against said Daniel p Pres
colt. and summoned the Estey Organ Co.,
the s. A. Smith Co.. W. y. johnson, Lysan'
der Lord and Harrison Fisher as trustees
OF said Prescott declaring in general as:
sumpsit, with an ad damnum Of sl.500, and
the command to attach the property OF the
defendant. to that amount that the suit was
returnable to the Windham county court.
and that il was entered and doeketed in said
court December 2l, 1900; that as soon as
said suit was begun said Fits was EN-
ployed by Prescott as his counsel thereini
that thereupon said Fits entered his ap.
pearance for the defendant in said cause and
continued TO be counsel for the defendant
throughout that litigation.
we find that soon after said Fits was
employed by said Prescott, the latter 10, for
- II 4 Al awsI sfa
to procure said trustees 10 be discharged.
Whereupon with the knowledge and con,
sent Of said Prescott, said Fits drafted ANA
caused TO be executed bond such as is re.
nuired by V. s. l,S22 for the discharge OF
said trustees, and at the same time said Fits
drafted, and said Prescott executed, mort
gage 10 the sureties on said bond TO secure
them in the liability they thereby incurred,
said bond was filed in court in said cause
December q, 1900, the day said case was en-
tered and docketed and January IL,
1901, an order issued discharging said trus-
tees. ~,
iianers that this bond should have been s.
drafted as TO hold the obligees for much
smaller sum; and that in drafting the bond
so as to make the obigees liable to pay any
judgment that the plaintiff in said suit might
recover against the defendant therein. said
Fits did an unusual thing which, together
with his allowing the big ad damnum in said
suit to be raised, and the plaintiff $ .specif'
ton in bringing the two suits, Grown
Bailey VS.. Bartlett, and said Prescott as
trustee; and Bartlett vs.. Dodge & Streeter
all OF which is hereinafter set forth, shows
a fraudulent scheme on the part of said
Fits, TO east his client in said first men
toned suit for the benefit of his clients in
said two last mentioned suits, But we find
that both in the drafting and the filing Of
said bond said Fits proceeded legally and
properly. and acted with sall fidelity to said
Prescott. Said bond marked Exhibit D
Is hereto attached and made part of this
report,
I'm said suit of Bartlett VS.. Prescott, GER