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

Acknowledgement Of his signature on n
by s. A. Smith at the Peoples National
bank. He also told Of the conference be-
tween Mr.. Fits and Mr.. Hunt during the
representative campaign Of 1904, con-
irming the testimony Of Col. Estey and
Mr.. Fits regarding It,
Frank l.. Hunt, called by the respond
ent, testified that he had positively no
feeling whatever against Mr.. Fits on ac-
count Of the s. A. Smith collection matter
nor on the account Of the contest for post
master In 1904. He admitted having retain
ed Mr.. Fits as counsel for the National
Novelty corporation within a few years,
saying he was instructed to secure a
smart lawyer" He repeated that he had
no feeling whatever except in the Bartlett
Prescott case and that his signing the
petition was not done for spite, but be-
cause he believed that Prescott had been
wronged and that Mr.. Fits was RESPONSE
BILE.
Gen. George H Bond testified to lav-
ing received a cashiers check endorsed by
George e. Richards, in payment OF coal
bill. He was asked to show this by his
books at the afternoon session Of the COM
mission. The first witness in the after
noon was r.. s. Hall, the former chief Of
police, who was serving in 1895 when Mr.
Fits was states attorney He testified
to prosecutions at the American House
and that the states attorney always
prosecuted complaints faithfully. Gen.
Bond, recalled with his books Of account,
showed a payment on the date testified
to, but the entry was for an amount
Of some $40 or so. He explained this by
saying that probably cash was also paid
him with the check. Charles @. Staples
employed at the Vermont National bank,
from the banks records, testified to the
Issuance Of the cashiers check, giving fta
number. date and amount
Charles II. Thompson then testified to
the payment Of the Richards gas bill by
Mr.. Fits and the arrangements made
by Mr.. Fits to secure the money for this
payment. G. F. Thompson, treasurer Of
the Gas Light company, recalled, showed
by his books OF account the payment Of
the gas bin on the date specified.
A. F. Schwenk testified to his presence
at the justice trial in the case OF Gale
against Fits and also Of his visit to Win
chester with Mr.. Fits to see Richards.
Richards said at this interview that the
check had been paid and authorised the
witness to go into court the next day ana
testify to that effect. He remembered
the cashiers check given Mr.. Bond by
Mr.. Richards being put in evidence at
this trial. Regarding the Bartlett-Pres
colt case, he told OF his connection with
1t and Of the complaint Of perjury sub
mitted to him against Bartlett. A n.
Cudworth OF South Londonderry was an
pointed by the court special prosecutor
that the case was mol pressed. Mr..
Schwenk testified regarding Mr.. Fitts'H
conduct in the Bartlett-P Prescott case,
saying that he was absolutely faithful to
the interests of his client. He also con-
firmed the previous testimony relating to
the various steps taken in the litigation.
F. w. Gibson was called and testified az
to the IA" and 'Mather'' books
s. 4. Smith was called and examined
the receipt said to have been signed by
him and said 1t was mis- name, undoubted-
ly his signature. but he could not recollect
signing a paper Of such "a sweeping
nature"
This closed the testimony The at
torneys were given an opportunity to
present arguments, but each side ex-
pressed Its willingness to leave the case
to the commission without further state
ment. Col. Hall announced that the re-
port would be fled with Judge Rowell
Monday night and the public session was
over, the commissioners going to an
executive session at the Brooks House..
where they remained until Sunday after
noon.
OF the nine men who signed the
petition NJ. l. Reed, F. W. Putnam. s. A.
Smith. F. l.. Hunt and ]. ]. Ecl5els were
called as witnesses. ]. c. Allen, F. w. Stod-
dard and e. H. Akley were present at
sessions Of the commission but were not
called as witnesses. Neither did they adj
dress the commission when given an OPP
portunity to do So Charles jackson Of
Vernon was reported unable to attend the
sessions.
All of the complainants who went
upon the witness stand testified in
substance that they signed the petition
for Mr.. Fitts's disbarment solely on ac-
count OF the Prescott matter, and all
testified that they accepted Prescott's
statement OF his case as the ground for
their action without consulting any law
yer, or any other person on the other side
either to verify the facts or to learn
whether the legal procedure had been
proper and regular.