Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1906-01-26
IRREGULARITIES CHARGED
ATTEMPT TO GUST ATTORNEY
GENERAL Fits.
Petition Presented to Supreme Court
Returned Because Not Properly
Sworn Reinforcement Supposed to
Be Result of Personal Feeling.

Brattleboro people were startled to
read in the Boston Herald Wednesday
morning that a petition, embodying
sensational charges against Attorney
General Clarke G. Fits, had been pre-
sented to the Vermont supreme court
at Montpelier the night before by
Lawyer John ID. Spellman Of Rutland.
The Herald despatch, which was dated
Montpelier but in reality was sent out
from Rutland, stated that the petition
asked for the removal of Mr.. Fits
from the office of attorney general and
went on to say that the charges were Of
sensational nature.
As a matter of fact a petition of this
nature was presented to Chief Judge
Rowell Tuesday evening and he stated
last evening that the document had
been returned because it had not been
properly sworn TO. Mr.. Fits himself
was in Montpelier on Tuesday
evening but returned to Brattleboro
Wednesday. When asked about the Pc
tition he said, ~ don't know what the
charges are or who made them, but |
am ready, as soon as any charges are
filed, to meet them at once.
Lawyer Spellman was called up over
the telephone yesterday by local
newspaper man, but the eX-mayor of
Rutland refused to be interviewed
about the matter although he admitted
that the petition had been returned.
When asked for the names of the sign
ers of the document he said he was not
at liberty to give them, but referred
the newspaper man to Frank L. Hunt.
Mr.. Hunt admitted yesterday that be
had signed the petition but would give
no other names.
Nearly everyone in Brattleboro is of
the opinion that the petition is the re-
suit Of personal feeling against Mr..
Fits, and there are few who believe
that the alleged charges viii hold wa
ter. The fact that the charges were not
sworn TO would seem to indicate that
the makers are somewhat shaky about
their ground, and many friends of Mr..
Fits believe that the petition was filed
solely for the purpose of throwing mud
at the attorney general.
From persons who have seen the petit
tion the Reformer has learned the fol-
lowing about it: The petition requests
the supreme court to take such action
in the premises as it deems necessary
after reciting various instances in
which it is alleged that Attorney Gen.
eral Fits has acted in bad faith With
his clients. Among these instances is
the ease against the S. A. Smith COM
panv, at that time Smith & Hunt, when
Fits was employed by an out of the
state firm to collect claim against
this company about which there was
some disagreement. The claim, it is
stated. was promptly paid by the Smith
company to Mr.. Fits, who deposited
the money to his own credit and subse-
duently wrote the creditors that the
matter had not been adjusted and that
they would receive their money as soon
as it was adjusted
A second charge is that Mr.. Fits, at
the time he was states attorney and
was the prosecuting officer in liquor
cases under the old prohibitory law,
secured money from proprietor of the
American house, and presumably a vio-
lator of the liquor laws, without ade-
Quarh security. Deullttly IL 10 ooiu ehoe
he gave the hotel man check for sew
eral hundred dollars which the latter
advanced to him on request, there be-
ing no funds at the bank to meet the
check.
A third charge is that Mr.. Fits was
guilty of double dealing in his rela-
tions with client, D. P. Prescott, in a
suit known as the Bartlett-Prescott
suit. which has been through the coun-
ty court and in which Judgment was
given against Mr.. Prescott, now of
Vernon, for large sum of money. Mr..
Prescott has sought relief for what he
claims was unfair treatment, but to no
purpose. The last phase of this case
was trial at Newfane last fall, when
Mr.. Fits sued Mr.. Prescott for his fees
in the case and got Judgment. the au-
ditor, A. v. D. Piper of Jamaica, find
ing that there was no ground whatever
in the charges of double dealing. The
Continued on 10th page.)