Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1906-02-16
The Fits case in Review.


the charges of unprofessional deceitful
and dishonorable conduct in the practice
of his profession. The people in Brattie-
boro were very few who believed there
was adequate ground for bringing these
charges, and there are equally few now
who do not rejoice heartily at the out
come Of this attack. From the outspoken
comments of the Vermont newspapers.
and of prominent lawyers, both when the
charges were preferred and since they
have been disproved, It is evident that a
similar feeling prevails throughout the
state.
Last week we printed the charges in
full. This week we print in full the find
ings of the supreme courts commission
In the Issues of last week and this there
is given detailed and careful summary
of the evidence presented before the COM
mission. From these publications every
reader who wishes to do so can form his
own conclusions, both as to the animus
of the attack and as to whether the find
ing OF the commission was right and Just
After reviewing the whole case in care
final conclusion, that: "The testimony
was overwhelming and practically with
out dispute) that said Fits is an able
lawyer aggressive, persistent. and eff
Client as a practitioner; jealous and faith
ful to the interests of his clients. aud
with high sense OF professional honor"
The attack was n cruel one. and one for
the responsibility, because. had the
charges carried. It would have meant the
absolute ruin of a young man who has
made high place for himself at the bar
of his own state. who has been honored
with the highest legal position outside
the supreme bench which the state can
confer. and who has come to prominence
through his successful conduct of impor-
tant cases in other states. But the out
come will have one good result for which
Mr.. Fits may thank his accusers. Its
effect will belt has already been-to re-
move from the minds of his townsmen
every lingering suspicion. however sown
and diligently cultivated, that there have
been some hidden discredltable facts in
his career that Mr.. Fits would rather
not have known. Among his personal
friends and legal associates there has
never been any need of assurance in this
respect. but before the public he has now
been given a clean bill in his record as a
man and in his professional career. For
the hearing was conducted on the broad
est lines. The commissioners admitted all
the, evidence offered that had any rele-
vance to the case. and Mr.. Fits and his
by their attitude not only per-
mitted but invited the fullest disclosures
on the part of the prosecution.
AS a result the commissioners found
only one point to criticise In Mr.. FItts's
record--the letter which he wrote to his
North Carolina clients in March, 1894.
when he was under urgent financial pres
sure, and was scoring for time in which
TO meet his obligations The commission
ers finding in regard to this is explicit
and unsparing OF the truth. After read
ing It It will be in order for that business
or professional man-not forgetting Mr..
Eitts's accusers-who has fought his own
way TO success. or failure, and has never
been guilty of an evasion, and has never
made half truth do duty for the whole
truth. to cast the first stone.
The hearing has refuted absolutely the
chafges so often made, openly and covert
ly, that Mr.. Fits, as states attorney.
ever gave protection TO any liquor seller,
or accepted money for such protection.
One other point, and that an essential
one should not escape attention. Every
one of the complainants who went upon
the witness stand testified that his sole
ground for asking for Mr.. Fitts's disbar-
ment was the belief that Mr.. Prescott
had suffered wrong at the hands OF Mr..
Fits in the prosecution of the Bartlett
Prescott case. But when put to the test
on detailed examination every one OF
these men admitted that his sole knowl-
edge OF this case was gained from Mr..
Prescott, the defeated litigant. and that
no effort was made to learn the real
facts. as to legal procedure or otherwise,
from any other source. No lawyer was
asked by them as to the legal questions
involved. Their action would appear to
have been ION general principles" as one
of their number so frankly declared.
Outside Brattleboro the impression pre-
walls that this prosecution was inspired
by malice. Whether the facts here and
elsewhere stated bear out this impression
it would not avail for us either to affirm
or deny, but it is a fact beyond dispute
that the men who packed the county
clerks Office during this hearlng-and
they were mainly our representative busi-
ness and professional men-inevitably
gained their opinion of the animus of this
movement from the fact that Fred C.
Gale appeared throughout as Mr. SPELL
mans constant oonsultant. Besides this
Mr.. Fits testified at the hearing that
Gale hired Mr.. Spellman to appear for
Prescott in the suit which Mr.. Fits
brought against Mr.. Prescott for his fees
at Newfane last September; that at that
trial Gale also hired a stenographer to
take the testimony, and procured news
paper reporter to attend and make a
sensational report aimed at Mr.. Fits;
that at that trial Gale prompted and as
sisted Mr.. Spellman. Although both Gale
and Prescott were in the court room at
the time, and had ample opportunity to
do so. neither of them denied this Nei-
ther did Mr.. Gale respond when. twice
at least, Mr.. Redmond of the commission