Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1906-02-16
END OF THE HEARING.
Testimony Taken Last Friday After
noon and Saturday.


was recalled, and testified to going 70
Mr.. Fits s office with Mr.. 5. A. Smith
and Mr.. Prescott after Mr.. Fits had
sued Prescott for his services in the
Bartlett ease, and that Prescott then
told Fits that he did wrong in signing
the instrument allowing Bartlett s
specifications to bc amended, and en-
larged. after he (Prescott) had for
hidden his doing so, and that Mr.. Fits
said he believed he had done right IN
the matter and that he had merely
done as il was customary for lawyers
TO do. Mr. Fits said il he hadn I al
lowed the specifications to be amended
the court would have and that lawyers
often did those things without consult
ing their clients aud that he did that
without consulting Mr. Prescott. On
cross examination witness said he went
Ia Fits 5 Office ms witness for Pres
colt and that the interview might have
been in response 20 n letter from Fits
instead of after suit was brought.
I. W. Mcclure. sheriff. was called and
testified that he did not remember from
4 whom he got the receipt for the prop,
ertv attached in the Bartlett case-but
that the paper produced was the one
and that it was signed by J. J. Estey
and $. A. Smith. c. f. Thompson was
called to identify some records, but
was excused as the papers agreed as to
I the records.
After offering the two Fits Richards
checks for $3.50. Charles G. Miller was
called and testified that in 1895 he was
clerk and bar tender for Mr.. Richards
in the American House; that liquor was
sold there in amounts ranging from $50
TO 500 day. from small room which
was always kept closed and locked
when he was not in it; that Mr.. Fits
i took his meals there for while
+ in the summer of 1895, but he never
saw him in the room where liquor was
sold and did not know whether he
I knew there was such n room; also that
Fits might have paid him for the
board, but he did not remember 1t il he
did
i ]. II. Merriield produced the court
records for 1898 and 1896 after which
i two kilograms from George p. Richards
were offered and agreed to be treated
Las evidence and the prosecution rested,
At the close Of the petitioner 8 EVIL
denee Col Hall, chairman of the com
mission. made public call upon each
signer of the petition in this case to
come forward and be sworn and tell
the court of any facts they might know
to sustain the charges set forth in the
complaint and though each signer was
called for separately and loudly, no one
came forward.
The defence then began and Clarke
lC. Fits took the stand. With great
clearness and particularly he testified
MS to all the charges set forth in the
complaint, and fully and completely
refuted every charge, producing docu-
mentary evidence in support of his
statements as to show their truthful
ness in each particular.
His evidence showed that there was
nothing to the charge that he failed to
remit the money collected of Smith Il
Hunt in 1893, except that by reason of
the bank applying his funds, without
his knowledge upon note he had
signed, the remittance of his clients
was DELAYED some four months, when he
fellltIItu 10 lntlH an tulltNtNh WIN IA
terest; that all there was to make the
charge of his protecting Richards in the
sale of liquor in 1895, was the fact that
he borrowed $3.50 of Richards, which he
afterwards repaid--and all of which
was satisfactory to Richards until in
the fall of 1895 he was employed to
prosecute Richards for the illegal sale
of liquor, which he did so vigorously
as to drive him out of business.
As to the Prescott suit Mr.. Fits pro-
duced the court records and long
list Of documents that showed his de-
Tense of Prescott was most energetic
and thorough, although unsuccessful
Mr.. Spellman spent full half day
in the cross examination of Mr.. Fits
but only made things palmer, par
ticularly the wonderful memory and
clearness of perception and expression
for which Mr.. Fits is remarkable.
Attorneys F. A. Bolles, George A.
Weston, H. D. Ryder and 2. H. Albee
of Bellows Falls, members of Windham
county bar, and +. B. Pier of Jamaica,
a Judge of the county court, were
called and all testified to Mr.. Fits g
ability and good standing in the courts
as lawyer
C. S. Chase of Nottingham was next
called to the stand and testified briefly
in regard to the motion to raise the
ad damnum in the rtlett-Prescott
case. He said that during the April
term of Windham county court in 1903
he acted as clerk In the absence of Mr..
Mortified and that he remembered put
ting the paper in question in the files
at that time, but probably forgot to
put any fling upon it.
Fred w. Putnam was called to the
stand and examined by Mr.. Martin.
He said his attention was first called
to the Bartlett-Prescott case by E. B.
Barrows. Afterwards Mr.. Prescott
himself showed him the papers, which
he examined very carefully, and he
came to the conclusion that grave
Injustice had been done. Mr.. Putnam
admitted that he knew nothing of the
case except what he had learned from
these papers and what Mr.. Prescott
had told him and could give no specific
reasons why he thought Mr. Fits had
acted in bad faith He maintained,
however, that he signed the petition
for the purpose of having the matter
cleared up, thinking such a process
would be as much a benefit to Mr.. Fits
as to Mr.. Prescott.
The next witness was John J. Eek
els. another of the signers of the petit
ton, and he was questioned by Mr..
Fits. Mr.. Eckels said he knew moth
ing of the charges based on the Rich
ards check, but did know about the
Bailey collection matter and was also