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

I'VE find that the Fits check was hel'
by said Richards for some time and then lei
In the Vermont National Bank for collection
said Fits was before that time and afte
somewhat embarrassed financially, as herein
after stated, and did not have suiicien
amount in the bank TO his credit to meet salt
check and so IL lay in the bank until lsgl
when the attention Of Fits was called to q
by an officer Of the bank.
''It had escaped Mr.. Fitts's memory, ant
when his attention was called to IT. hayinl
fifty dollars In the bank, he withdrew tn'
same, taking cashiers cheek, payable e
his order, and went to Mr.. Richards ana ex
planned that he had forgotten the check bu
would pay him fifty dollars in said cashier
check and the balance as soon as possible
Richards said he was owing the gar
company $50 and asked said Fits II ne
could not arrange 10 pay that bill for MN
subsequently said Fits arranged TO pay "
gas company bill, and settled and paid SAID
Richards the balance Of said check and m
terest by giving him something over hye dol
lars in cash and said Fits then asked saio
Richards to take up said check which ne
agreed 10 do.
Said cashiers check was endorsed by
said Fits when he delivered IL to said Rich.
ards and on the 12th day Of June, 1897, said
Richards endorsed said check and delivered
! il to one George II. Bond to apply on MS
ION July 10th, 1898, said Fits, through
Charles H. Thompson, paid the amount OF
I s75 to the gas company which he had as
/ sumed for said Richards and said sum was
duly applied in payment Of his account.
/ ''The petition charges in substance that
| said Richards wss q wel.known law'break.
| or in the sale Of Intoxicating liquor, ana
that said Fits protected him and gave MIN
immunity from arrest.
''It appeared that during the time said
/ Fits took meals at the American House IN
| 1895, and before and after there was bar
connected with the house, leading from a
! MI fba
said bar being usually locked, but was
opened for customers and that intoxicating
! liquor was Illegally sold there from day TO
day; that there was posted In the bar =
United States revenue stamp ior re'ai'
siI'pon the evidence Of said Fits (and no
witness testified to the contrary we hnd
/ that at the time Of giving. said checks, and
| for some months after, he did not KNOW
| there was bar connected with the house, OF
! that Intoxicating liquor was being sold
/ therein that he never was in the bar ana
never saw anyone going into II. that ne US
ually went into the dining room from tue
/ hall ate his meal, and went out
/ THAT there was not word SAID al the
/ time said checks We're given, or before OF
after, about his protecting said hlchards or
giving him immunity from arrest ana Me
/ find that he never directly or indirectly ia
vored or protected said Richards
"No complaint was ever made 20 hlm un,
/ til about December 8, 1893, when ne learned
/ that said Richards had United STATES rev
epue stamp as q retail liquor dealer, ana I'M
mcdiately upon receiving such Information,
/ and on December 8. 1895 said fltts as
states attorney, made a complaint agaihs'
said Richards as common seller Of lntoA'
ieatina LIQUOR returnable before W, >. New
ton. Justice OF the peace, and on the same
date said Richards appeared, plead gullly,
and was fined one hundred dollars ana costs
which he paid. -,
/ Fits but on the goth Of August, 1895, upon
/ disclosure OF one Michael Barrett who was
arrested fined for inioxication. and made
disclosure said Fits, as states attorney,
/ made a complaint against said Richards Tor
/ selling. returnable before said W. s. Newton,
Justice of the peace, and on the same aate
i said Richards appeared, plead guilty 70 two
/ Rrst offences, and was fined sixty dollars
and costs which he paid =.
! his sOn-in-law, against whom said Fits, as
/ attorney for the Law and Order League
made complaint to his successor tharles H.
/ Robh. - oraor
/ League. said Fits was active with other
1 attorneys and citizens Of Brattleboro IN pre-
venting one Fred c. Gale twhose amaaYlt
was presented with the petition) from Sc
curing license just across the nNer' ih
'At about this time (the exact date did
not appear) said Fred @. Gale obtained the
/ $50 check signed by said Fits either from
Con the 18th OF August. lses, said Gale
| brought suit against said Fits returnaoie
before r. g. Taylor. justice Of the peace az
Rrattleboro on the 23rd of August, ls9s, de-
claring in general assumpsit; on trial the
specification was for the Fits check ana
! tbe plea was payment. The case was tired
before said justice and a jury on the date OF
The Jury returned verdict through E.
| IT pntnsm. foreman for the defendant to
recover his costs and the court rendered.
| judgment accordingly.
the request Of said Fits, A. +, Schwenk,
! ESQ, accompanied him to Winchester, n; H.
about twelve miles from Brattleboro,
where said George +. Richards then hved
and in the presence OF said sehwenk' @ sala
| Fits told Richards that a suit had been
| brought upon said Fits check and asked
why he let Gale have it; Fits stal "a 70
Richards that he knew i was, paid men
Richards admitted; and said ne LEI ga. nav h;,e
! il because he thought II might hell hi him
| some in his matters Said Schwenk II fher
| testified as follows: Fits asked Riel Srds
to come and testify: he said he would @ot;
Fits said, Isn't there some way you han can
paidf''; he said, II will authorize Schwenk
| to 90 in there as my counsel and say TO the
court that say the note has been paid,
and I did do that, in court
Said Gale was present during the giving
of the last quoted testimony but did not tes-
';It appeared that said George f. Rich.
ards was during the hearing in the state OF
Michigan. ,r,I
tThe following kilograms, marked 'Exhib'
| II were received in evidence without OBJ.
lection, and It was conceded that II .sa. salu
Richards were present he would so testiiv
q TO George E. Richards,
| g Union City, Mich, 49,,
I" did Fits pay you any cash for ms
check Of one hundred and thirty dollars
answer "'F c. Gale
No Just as it was when we left there.
- Geo. E. Richards.
upon careful consideration of all the
evidence and circumstances before us bear
| ing upon the first specification in the peti.
| ton we find that unprofessional conduct
on the part of said Clarke G. Fits has been
established.
The s. A. Smith & Co. Collection.
..we find that on or about the 10th day
of February, 1898, the firm of 9. Bailey 1.
Ottnger Bros. of Kinston, in the state OF
| North Carolina, sent to said Fits for col
lection a claim of $500 dhree hundrea dol'
lars) and some interest against 81 A.
Smith Co. of Brattleboro, Vt,
''It appeared at once that the claim was
disputed, and suit was brought thereon by
county court; the writ bearing date Febru.
ary 90, 1898, and the suit being entered be-
fore the March term, 1898, Of said court,
"The suit was a difficult one, certain
questions arising under the patent laws, and
as said Fits had at that time been in prac..
tice but about one year he retained Lavant
M. Read Esq, of Bellows Falls, to assist
him. and duly notified his clients of such
retainer
''Such proceedings were had in the case
| that Judgment was rendered for the plain
tiffs, and on the Goth day Of December, 1873,
the defendants gave a check to their coun-
sci. Waterman, Martin h HIT in the sum
of 1896 30 to pay the damages and costs re-
covered against them.
'The check was endorsed by said Water
man. Martin & Hit to the order of said O.
G. Fits; said Fits endorsed the check and
dannsited Il in his nriYate bank account.