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

REPORT OF THE COMMISSION.
NJ. l. Reed ct ais. VS.. Clarke G. Fits.
Supreme Court, January term, 1906.
Commissioners Report
To the Honorable Supreme Court, now
in session
The undersigned commissioners in the
above entitled cause respectfully report:
That pursuant to notice they met and
heard the parties. their witnesses and at
torneys at the office Of the county clerk
in Brattleboro VT, commencing on the 9Th
day Of February, 1906.
There were present at some time during
the hearing all Of the petitioners except
Charles Jackson who was unable to at
tend; also Daniel P. Prescott and Fred
c. Gale whose afidavits were presented
to the court.
The petitioners were represented by
John D. Spellman. Esq, who acted as pro-
scouting attorney.
The petitionee, Clarke G. Fits, Esq.
was present with his attorneys, ]. L. Mar
tin ESQ.,, and ]. K Batchelder. Esq.
Full stenographic minutes OF the pro-
eeedings were taken by John H. Mimms
Esq, appointed by the court.
1t was the purpose Of the commissioners
in the admission OF evidence at the hear
ing to give as much latitude as they
. frequent waivers of technical objections
on the part Of counsel on both sides
materially expedited the hearing.
During the hearing Mr.. Spellman i'm
4 proved as witnesses: Frank l.. Hunt and
. S. A. Smith, petitioners; Mr.. Fits i'm
proved NJ. l. Reed Fred w. Putnam, and
John ]. Eckels, petitioners.
An opportunity was given to all the
petitioners to take the stand and testify
4batd 10 IA M n N
". Stoddard, and f. H. Alxley, petitioners
were present but did not testify.
There was large number Of citizens
Of Brattleboro present during the entire
hearing and, aside from the parties
numerous witnesses were improved Oh
both sides.
The specific charges in the petition re.
lated to
l. The $3.50 check of George E. Rich.
ards
2 The S. A Smith G. Co. collection.
g. The Daniel p. Prescott matter.
In relation to these specific charges we
find and report the following facts:
The Richards Check.
The $3.50 check OF George e. Richards.
In December, 1894, Clarke c. Fits be.
came states attorney for Windham coun.
ty. During the following summer his
IdIInly WthiL u Tie Scd6uOTG ana WnllG II
Brattleboro said Fits took his meals al
the American House, a respectable hotel
patronized by good class of people, and
kept by one George e. Richards, with
whom said Fits was on friendly terms.
While taking his meals there a bill II
favor Of the Shelburne Falls Marble Co
for family monument amounting to $13(
was presented to said Fits by one David
W. Temple, an officer OF said company
WhO in ted g.
said Fits had either given a check OF
note for it previously which had gone tc
protest
Mr.. Fits was unable to meet the de-
mand and went to Mr.. Richards, ex-
planned the situation, and asked him II he
would give his check for the amount OF
the bill to the company and accept his
Fitts) check for the same sum and hold
1t for few weeks.
Mr.. Richards complied with the re-
quest and on the 29th Of July, 1895, gave
check on the Vermont National bani
payable to the Shelburne Falls Marble Co.
or order, for the sum of $3.50 which wal
duly honored
On the same date said Fits gave said
Richards his check for the same amount
on the Vermont National bank payable tc
George f. Richards, or ORDER
We find that the ''Fitts check" was held
=
left in the Vermont National bank fol
Collection; said Fits was before that time
and after somewhat embarrassed finan-
elally as hereinafter stated, and did moi
nave sufficient amount in the bank to his
credit to meet said check and so 1t lay In
ihe bank until 1897 when the attention OF
Fits was called to 1t by an oficer Of the
4 bank
1t had escaped Mr. Fitts's memory, and
When Oi0 affnpffnr. q BALLAD n ~
ing fifty dollars in the bank, he withdrew
me same, taking a cashiers check
payable to bis order, and went to Mr..
Richards and explained that he had for
gotten the check but would pay him fifty
dollars In said cashiers check and the
balance as soon as possible with interest
Richards said he was owing the gas
company SIS and asked said Fits II he
could not arrange to pay that bill for him
subsequently said Fits arranged to pay
me gas company bill, and settled and paid
said Richards the balance of said check
ana interest by giving him something over
ive dollars in cesh, and said Fits then
asked said Richards to take up said check
which ne agreed to do.
sad cashiers check was endorsed by
Sa7 Fits when he delivered 1t to said
~ trds. and on the 18th day of June,
ios said Richards endorsed said check
ahu elivered 1t to one George II. Bond to
app. on is-Richards's-coal bill
On July 10, 1898, said Fits, through
Charles H. Thompson. paid the amount
VI F5 to the gas company which he had
assumed for said Richards and said sum
was duly applied in payment OF his &C
The petition charges In substance that
sad Richards was a wen known law
oreaker In the sale Of intoxicating liquor,
ana that said Fits protected him and
gave him immunity from arrest
p, ~ appeared that during the time said
nus took meals at the American House
III 1885, and before and after. there was a
ar connected with the house. leading
rom from small room adjoining the once,
hue hue door to said bar being usually locked,
IN, IN. was opened for customers. and that
ttn'oeoAleating liquor was illegally sold there
t tOn, day to day; that there was posted in
afetail dealer.
upon the evidence Of said Fits (and no