Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1906-02-09
WAS CHIEF WITNESS

In Yesterdays Proceedings Which Be
gan in the County Clerks Office a.
10 O'Clock and viii Probably Con
tinue Several Days at Least.
The commission appointed by the
Vermont supreme court to take testi
mony on the ease growing out of the
petition charging Attorney General
Clarke c.. Fits with Irregularities in
practice began its work in the county
clerk s Office yesterday morning. The
commissioners are Col A. A. Hall of
st. Adams, T.. Henry Powell of Bur
lington and John w. Redmond of New
port j. II. Mimms of st. Albans is
acting as official stenographer for the
commission. The greater part of yes
terday's session was devoted TO the
testimony of Daniel p. Prescott of Yer
non, defendant in the well-known
Bartlett-Prescott ease on which the Pc
| titioners base one of their charges
against Mr. Fits Mr. Prescott told at
considerable length the story of his
dealings with Mr.. Fits in this matter,
and seemed firm in his conviction that
the attorney general had been un-
faithful in his capacity as counsel. He
appeared sincere in all his statements
and showed much greater knowledge
of the ins and outs of the case than did
the counsel for the petitioners.
When the hearing was called to order
the county clerk Is office was well filled
and as the case progressed the number
of spectators increased. The petition
ers were represented by Attorney John
d. Spellman of Rutland, while Mr..
Fits had as counsel Attorneys J. l..
Martin of Bratteboro and J. X. Batch.
elder of Arlington.
The commission was sworn by j. II.
Mimms of st. Albans, official stenog
rapher, shortly before 10 o clock and
Attorney Spellman then read the petit
tion which is as follows:
STATE OF VERMONT,
wINDHAM COUNTY, SIS.
To the Honorable Supreme Court
Your petitioners beg 6.se respectfully 10
represent and say that they are citizens Of 4
the state Of Vermont, and resident freehold /
ers in Windham county, with our respective I
town addresses affixed to our names hereto /
We earnestly beg leave to submit that we
are not unmndful that the constitution Of
Vermont expressly provides, both wisely and
well, that laws for the encouragement of vir.
tue aud the prevention OF vice and mmor-
llity ought to be constantly kept in force
and duly observed
We recognize the fact that our legislature
has in its wisdom from time to time framed
and given to the people such laws In con
'ormity 10 the wholesome provisions OF the
constitution, and has given the people from
,ur earliest history as q state a thoroughly
rained Judiciary, the character and ability
II which has ever been the pride OF the /
state, and this because of the irmness with
which it has upheld and commended the vir
ues Of the people, and with like integrity
md frmness have under the sanction Of the
aw, punished the vices of evil doers, who
AVE been brought before them, and this in.
dependent and regardless Of the social or Of {
cial spheres in which they may have NOV. [
d. |
Mindful of this and animated by the most
implicit confidence in your Honorable Court
re again beg leave respectfully to represent |
nd say that we earnestly believe that @. @. /
Tits Of Brattleboro, Windham county, Yer +
lont, an attorney and practitioner before r
our honorable court and a master in the !
ourt of cbancery in this state, has by his
arous unprofessional acts in dealing with .
is clientage in Windham county, this state, )
iscosed himself as being, in our Judgment, $
o longer worthy Of being identified with a +
rofession OF such high ideals, and so re
pected as the legal profession. In
In support Of this charge, which we re r
pectfully pray and request that your hon. !
rable court take cognizance of the same in !
nch manner, as you may deem wisest and 0
est and this we humbly and respectfully y
rye. /
We humbly desire and further beg leave 4
inform the court that we have good and
efficient cause to believe and do believe, /
nat during the term Of Office of G. G. Fits =
$ states attorney in Windham county on /
wit, July Goth 1895, that he protected C
ell known law breaker in Brattleboro, Yer fl
Gorge E. Richards, breaker of the liquor !
W and proprietor of the American House, !,
said Bratteboro, and that to wit, on the =
9th day of July, 1895. at BrattlebOro afore o
lid, the said c. c. Fits while states at >
rney as aforesaid procured from the said Ii
Gorge r. Richards the check of the said II
ichards on the Vermont National bank of ;,
for one hundred and thirty dol r. r.
RS in payment Of debt for said sum, v
hich it was the duty Of the said G. G. u
tits to pay and that said Richards gave
s check for said sum, because of fact that n
he did not, that he would be criminally a.
'osecuted by the said @. G. Fits, states :,
torney as aforesaid \,
And your petitioners further beg leave to u
t forth and say that on information and Sc
lief that on said Goth day of July, ct
D., 1895, the said c. c. Fits, states at Fl
rney as afor said gave to the said George o,
Richards his individual check, meaning IL
e check Of the said G. G. Fits, for one a,
ndred and thirty dollars, and on the same ~
NIX upon which the Richards check was IN
avn, and while the Richards check was cf
nored and paid at the bank, there were OF
funds to meet the check of the said G. c. h,
it's, and said check has never to this day to
EN- hoDored or paid by said G. G. Fits ~
Your petitioners respectfully beg leave to !, p.
rther represent and say that on informa III
IN and belief that on the 26th day of De ia
mber, 1898, he, the said c. G. Fits at r.
rney as aforesaid, collected through the tll
" firm of Waterman, Martin & Hit O
attleb0ro, an account against S. A. Smith
Company of said Brattleboro, which said
count was placed in the hands of the said al
G. Fits. attorney, by G. Bailey and OF m
ger Brothers Of Kinston, in the state Of ca
nth Carolina, for collection, and that or su
: 26th day of December 1893, the said bo
A. Smith & Company gave check for ~,
96.29. covering said claim with costs, to ~
firm of Waterman, Martin & HIT .a uo
,resaid and that said Waterman, Martin re