Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1906-02-16

Mr.. Bolles said he was "a good associate
and a difficult antagonist, and an honest
practitioner" Judge Allbee testified to
being associated with him in various cases
and said that his skill was more than the
ordinary and that his reputation was good
In all respects. Mr.. Ryder said that there
was none better. George ID. Weston had
been both an associate and opponent Of
Mr. Fits in many cases. Judge f. b.
Pier, assistant Judge OF Che Windham
county court, testified that the reputa-
ton OF Mr.. Fits was hrst-class and that
he had heard nothing against II until this
petition was brought.
The cross-examinatlon OF Mr. Fits
was resumed by Attorney Spellman at
the opening Of the court Saturday morn
ing but, as on the preceding day, nothing
changing the previous testimony was
brought out. Asked whether he consent
ed that the two disputed books should
go TO the referee after the close Of the
hearing, he replied, II did not" In the
redirect examination Of Mr.. Fits by Mr..
Martin the connection Of f. Q. Gale with
the case was brought out, Mr.. Fits stat
Ing that at the last hearing in the Bart
lett-Prescott suit Mr.. Gale was present
and assisted counsel, and that before the
petition to the supreme court was fled a
reporter Of Boston paper had been put
In touch with the case by Mr. Gale. He
denied that he had privately compromised
with Gale regarding any suit.
The next witness was Charles s. Chase,
the official reporter OF the county court.
He said he recalled that at some term
of court the motion to raise the ad
damnum in the Prescott case was made
during the absence Of John II. Merrifield,
the clerk and while he, Chase, was act
Ing both as reporter and clerk OF court.
For some reason the paper was put among
the files OF the case without bearing the
proper endorsement.
The next witness was one Of the petl-
toners, Fred W. Putnam, who testified
that Prescott asked him to look over the
papers in his case. which ne consented
to do asking Prescott to come to his
office for this purpose at a later time.
At this later meeting Putnam was told
the history OF the case by Prescott and
he came to the conclusion that Justice
had not been done Prescott He wanted
justice done and so signed the petition.
John ]. Eckels, next called, was ex-
amined by Mr.. Fits. He said that as
an employee Of the s. A. Smith company
In a confidential capacity he knew OF all
the facts relating to the Glen Bailey
matter. He had no personal knowledge
about the sale OF liquor at the American
House, but he saw the Richards check Of
$3.50, but could not say positively who
showed 1t to him. During recent years
he had no doubt but what Mr.. Fits was
good for a check Of $3.50. Regarding the
Bartlett Prescott case, he said he had
gone through the papers from beginning
to end and had examined them carefully
and that he believed by the investiga-
ton that he was perfectly justified in
signing the petition, believing that Mr..
Fits did not act In a proper and honest
manner in the case. In response to con-
tinued questions by Mr.. Fits he finally
admitted that his sole ground for signing
the petition was his investigation OF the
Prescott case, on the facts as claimed
by Prescott, and ION general principles"
He admitted that he did not inquire
OF any lawyer. or Of any one else as to
the facts or the legal aspects OF the case.
Mr.. Eckels testified TO being a bailifr Of
the village In 1895 and employing Mr..
Fits as counsel for the village and later
in 1908 being a member Of the board Of
license commissioners, who also had Mr.,
Fits for counsel
NJ. l. Reed OF Vernon was called next
His testimony did not indicate that he
knew anything about the 8. A. Smith
company collection matter or the Richards
check, except what he had been told by
others. He had considered that Mr.. Fits
was good for $3.50 at any time during
Prescott matter. he had known Mr.. Pres
colt for many years and believed him TO
be an honest man. He had examined the
Prescott papers. and knowing Mr.. Fits
to be a very smart lawyer he felt that
he ought to have won the case for Mr..
Prescott unless something was wrong.
He felt that 1t was a serious matter and
hesitated for some time before signing
the petition. He understood about other
lawyers being associated with Mr. Fits
in the case. but admitted that he had
never asked any other lawyer or judge
about the procedure in such matters.
Judge F. w. Of Halifax. the other as
sistant Justice Of the county court, testi-
ned to Mr.. Fittss large practice before
the court and to his excellent reputation,
which he said was "A No l." He said
he had been present at nearly every term
OF court for many years and that Mr.
Fits was always very jealous In any
case in which he was interested. q, He
remembered the Bartlett-Prescott litiga-
ton and said that Mr.. Fits was especial
ly Jealous in Prescott's behalf in this
case-rather too much 50 he thought at
the time He remembered the much
talked OF Mather book and that Mr.. Fitts's
objections regarding II were overruled by
the court. He believed he always acted
up to his full duty In behalf OF his client,
Prescott. and remembered his Directing
to the report OF Referee Merrill. charging
that 1t showed incompetency. Cross-ex-
amined by Mr.. Spellman he said that ne
had never heard anything against Mr..
Fits unless something about his financial
affairs years ago. He had no recollec-
ton Of ever seeing or hearing Of a petit
ton to Judge Watson, signed by some so
Brattieboro men. asking for an investiga-
ton into the Bartlett-P Prescott case.
John z. Gale OF Guilford was examined
by Mr.. Batchelder. He came into the
BARTLETT Prescott case after the filing OF
the referees first report and had been
familiar with the case from that time on
In all matters Mr.. Fitts's conduct mad
been professional and conscientious, and
as a friend Of Mr.. Prescott he had no
criticism of Mr.. Fitts's conduct Of the
case Questioned as to what he was told
by Mr. Prescott when he was called into
the case he said: "If there had been
merit In Prescott's claim to me there
might have been criticism OF Mr.. Fits"
After investigation, however, he was sat
isfled that Mr.. Fits had never been
negligent OF derelict in his conduct Of the
case.
z. L. Parker. one OF the village bailiffs
in 1895 and 1885, testified to the employ
ment OF Mr. Fits as village counsel by
the bailiffs and his prosecution Of the
American House. He said Mr. Fits al
ways performed his duties as village at
torney fearlessly and impartially, as
directed by the board.
Mr.. Calvin, also a bailiff in 1895 and
1895, testified that the motion to dispense
with the services OF Waterman, Martin
& Hit was made by Mr.. EclSels and that
Mr.. Fits was chosen the attorney OF the
board by the unanimous vote OF the
bailiffs and that he performed his duties