Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1906-02-09

heys oy " balley ana Ottinger Brothers
OF Kinston, in the state of North Carolina,
for collection, and that on the 26th day of
December, 1898, the said s. A. Smith &
Company gave a check for 1896 29 cover
ing said claim with costs. to the firm of
Waterman, Martin & Hit, as aforesaid,
and that said Waterman. Martin & Hit
endorsed said bank check and made II
payable to the order Of c. c. Fits as
aforesaid
We respectfully beg leave to further
represent and show that on the 2nd 6ay
OF April, 1894, more than three months
following the collection OF said sum Of
sSs6.29. he, the said c. c. Fits. attorney
as aforesaid. wrote a letter to Clem
Bailey of Kinston, North Carolina, as
aforesaid, he, the said Clem Bailey being
a member Of the firm OF c. Bailey and
Ottinger Brothers, for whom said c. c.
Fits. attorney, had the account for coll
lection and of which letter the following
Is a copy.
"Brattleboro. VT, Apr. End, 1894.
Glenn Bailey. Esq,
Dear Sir:
l have succeeded in getting $4,000 of
Smith & Company for which / enclose
check. The balance will be Forthcoming
soon. think. II is amply secured and /
Will push II to a close as soon as possible
Please acknowledge receipt OF this.
Yours very truly.
c. c. Fits"
Your petitioners further say on confr-
nation and belief and beg leave to fur
ther represent and show that Il was sew
eral months after that this account was
finally settled and that the clients OF the
said G. c, Fits. attorney as aforesaid
were artfully, GRATEFULLY. dishonesty and
unprofessionally deceived by him.
Again, your petitioners ask leave to
show that on the report of an auditor
~ sHo
county court, 1905. he. the said c. c. Fits.
attorney, through the report of the said
auditor, secured judgment on his book
account against one OF his clients name
ly. Daniel p. Prescott, OF windham coun-
ty. when. through the facts brought out
at the hearing before said auditor II was
made to appear, and did appear and was
shown that the said c. c. Fits attorney
as aforesaid. while charging on his book
Of account for services rendered his client
Daniel p. Prescott. that he at the same
time was charging and making an ac-
count as the attorney for the plaintiff
in another suit. in which the said Daniel
z. Prescott was defendant. in which said
latter suit, he. the said c. c. Fits, attor-
ney as aforesaid. sought to recover the
money which he was claiming In another
suit. as the attorney of Daniel p. Prescott
as aforesaid. that the said Prescott did
not owe.
show that which we believe 10 be the
deceitfuI course which has been pursued
by the said c. c. Fits, not only as the
attorney OF Daniel p. Prescott but in
other matters with which he had to do.
We desire TO show that by means OF
what we believe to be his unprofessional
conduct towards the said Prescott, who
was a promising and successful business
man. said Prescott lost all of his property
and Is now comparatively poor man.
We submit that we firmly believe the
course of procedure and methods adopted
by the said c. c. Fits, attorney as afore-
said. practicing before your honorable
court. should not go without punishment
by the court, and we earnestly and re-
spectfully submit his course has been such
as to warrant on the part of the court
prompt and thorough investigation, that
the same may prove a reminder to every
citizen within our borders that no at
torney or officer OF the court whatever
his station. shall be permitted to trihe
with their clients interests in a manner
so disgraceful and dlshonorable alike,
both to the bench and bar OF Vermont
as herein set forth, and by means OF which
said deceitful and dishonorable conduct,
justice invariably miscarries, and those
property rights and interests and the
interests OF the citizens as guaranteed
by the constitution become imperiled and
oftentimes are absolutely destroyed.
The foregoing is our prayer to your