Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1906-01-26
Fits ATTACKED
Petition for Disbarment Handed
to Chief Judge ROwelI

Court eWlll Not axe CoplzaHCe O"e"
Sworn Proofs Are submltted-Mr Fits
Courts Full Investlga tlon-charges Not
Made Public.
A petition to the Vermont supreme court
asking for the disbarment of Attorney
General Clarke c. Fits Of Brattleboro is
the latest move in what the public long
ago came to believe to be an effort to
vent private grievances against Mr. Fits.
The petition referred to was handed to
Chief Judge John w. Rowell In Montpelier
Monday night by Lawyer John w. Spell
man of Rutland, and the fact that it had
been presented first became public
through an interview with Mr. Spellman.
appearing in the Boston Herald We'd
nesday Mr.. Spellman said the pc
tition was signed by number
Of leading citizens in Brattleboro. the
home of Attorney General Fits, and also
signed by residents of Vernon and several
prominent men In Vermont" The Herald
credits Mr.. Spellman as saying. among
other things In presenting the petition,
which contains charges of a sensational
character. the supreme court of this state
is asked to take cognlzance of a number
Of charges against Mr.. Fits. They are
set forth in the petition and the petition
ers stand ready, l am sure to furnish the
necessary proofs The petitioners con-
tend that the course Attorney General
Fits has pursued in dealing with some of
his clients amounts to a betrayal OF their
interests"
Although Chief Judge Rowell took the
petition 1t was in such shape that the
court did not allow II to be filed. The
court examined the petition Wednesday
night and returned II to Mr.. Spelman.
stating in substance that the charges must
ha IN lNv roll Ia
persons and must be accompanied by
proof of the allegations before they would
be considered by the court The petition
will not be public property until the court
allows II to be filed. and for that reason
the nature OF the charges is not known.
MIR. Fits was in Montpelier Wednesday.
but did not see the petition. 1t is known.
however that three matters mentioned in
the document are the Bartlett-Prescott
lawsuit. check for $3.50 once given by
Mr.. Fits to George II. Richards, then
proprietor of the American House, and a
lawsuit In which the firms of Glen Bailey
and Ottinger Brothers of Kingston. n. c..
and Smith & Hunt OF Brattleboro were
parties.
The Richards check was dated July II.
1895. 1t was given for a valid considera-
ton. as was shown in court Aug. %. 1898.
The check was placed I'm the Vermont
National bank. and afterwards was pro-
cured by Fred c. Gale. who brought suit
against Mr.. Fits for payment. The gem
eral understanding was that Gale was try
ing to get even with Mr.. Fits for the
latter's activity against Gales brewery on
the island. The jury, after being out
about 20 minutes. returned verdict for
Mr.. Fits, as is shown by the court
records.
The Bartlett-Prescott case il of more
recent date, and that also has been
threshed out in court. At the last Septem-
Der term of the county court case
brought by Mr. Fits against Daniel Pres
colt. defendant in the Bartlett-Prescott
case, to recover fees. came on for trial.
Mr.. Prescott refused to pay alleging that
Mr.. Fits acted in a dual capacity. and
Mr.. Spellman appeared as his attorney.
accompanied by Fred c. Gale. Mr. Pres
colt alleged that Mr.. Fits acted as coun-
sci for him in the Bartlett case and had
trustee process served against him and
others at the same time In another case.
\. w. Butler. auditor. in reporting on the
case, said in part: From the facts found
above find that Mr.. Fits was not acting
in dual capacity, as claimed by the de-
PENDANT and that Mr.. Fits did not. be-
cause of any suit in which Mr.. Prescott
was trustee with others, endanger Mr..
Prescotts interest in the Bartlett case;
also that Mr.. Fits charges were in all
respects reasonable and Just for the work
performed and that said work was we'll
anu lslllllulll uONts
The Glenn Bailey and Ottinger Brothers
matter never has been carried into court
Frank L. Hunt, of the s. A. Smith COM
pany. formerly Smith & Hunt. was asked
by representative of The Phoenix yes
terday what this case was and what was
claimed about it. but he replied 81 have
absolutely nothing to say about 1t for
publication"
The Phoenix sought yesterday to pro-
cure from Mr.. Spellman a statement as
to the nature of the charges made against
Mr.. Fits, also the names of the persons
signing the petition. Mr.. Spellman de-
clined to give a statement but said: Go
down and see Mr.. Frank Hunt. | think
he can give you some information" Mr.
Hunt was seen at his office. He said he
knew what the charges were and who
signed them. and that he was one of the
signers. but that he would not say who
the others were. THE matter never
should have gotten into print" he said,
until the court had passed upon the petit
ton" Mr. Hunt said he was Interested
in the matter chiefly on account of the
Prescott case.
Mr.. Fits said yesterday that he hoped
the court would take cognizance of the
petition and push the matter to compile
ton Immediately. He said he knew moth
ing of what the allegations were but
that he hoped they would be stated ex-
pltcitly in order that he might have full
opportunity to meet them-and to meet
them without any delay