The Barre daily times. (Barre, Vt.) 1897-1959, 1906-02-13

hearing which was held in BrattIeboro
last week and which adjourned on Sat.
urday.
When Supreme court reconvened at
Montpelier today after the recess from
Friday afternoon Chief Judge Rowell re-
ceiyed the report Of the commissioners
and then announced that court would
adjourn until two o'clock this afternoon
at which time the decision would be
announced ON the disbarment Of Attor-
ney General Fits
The Commissioners Report.
Tie report say: In relation to the
St30 check Of George +. Richard, the
committee find in substance that this
check was not given to Mr.. Fits by Mr..
Richards for protection in any manner,
that Mr.. Fits was unable TO meet
certain demand upon him, went to Mr.
Richards. explained the situation and
asked him ii he would give his check
for that amount and accept Mr.. Fits
check for the same aud hold it for a
few weeks. The commission finds that
the matter was finally adjusted by Mr..
Fitts and that while the said Richards,
as proprietor Of the American House in
Brattleboro, conducted bar and sold in
toxicating liquors contrary TO the laws
that Mr.. Fits. as states attorney, when
ever he received information TO that
effect, proceeded against Richards and
that Richards pleaded guilty and was fined
500 and costs and again prosecuted on
disclosure and fined and finally driven
ont OF business.
No Unprofessional Conduct.
The commission further find that when
suit was brought against Fits by Fred
c. Gale, who later obtained possession
OF the $3.50 check; that the jury before
which the case was tried rendered the
verdict for the defendant Fits TO re-
cover his costs and the court rendered
Judgment accordingly. The concluding
paragraph of the report on this Richards
case is as follows; Upon careful con.
sileration Of all the evidence aud circm-
stances before us bearing upon the first
specification in the petition, we find that
no unprofessional conduct on the part
OF said Clarke G. Fits has been estab-
lished"
In regard TO the S. A. Smith & Co.
collection, the commission finds that on
Or about February 10, 1898, the firm Of
g. Bailey s. 0ttinqer Brothers of King
ston, n. c., sent to Mr.. Fits for col
lection cluim of $500 and some inter.
cat against S. A. Smith & Co. OF Brat
teboro, Vermont That III due course OF
law Judgment was rendered for the plain.
tifTs ond on December goth, 1898, the
defendants gave q check 60 their coln-
sci, Waterman Martin & HIT, in the
sum of S306.29, to pay the damages and
costs recovered against them. That Fits
endorsed this check and deposited it in
his private bank accounts that at this
time Mr. Fits was in very Strengthened
circumstances and that as items and OBJ
legation payable at the bank where his
account was kept came in and were
charged up in the account and his bank
balance was exhausted; that he had no
intention Of defrauding his clients, but
that he was in good faith making every
effort TO discharge his obligations as
fast as he could in his then financial
conditions; that Mr.. Fits at that time
sent letter TO MFR. Bailey which read
as follows II have succeeded in getting
$50 of Smith g. Co., for which | enclose
check. The balance Will be forthcoming
soon, I think II is amply secured, and
will push Il to O close, as soon as pos
sible. Please acknowledge receipt Of
this"
The commission finds TINT on june
n, 1904 Mr. Fits Gent his clients a
check for sf02.40, the full balance Of
the collection, principal and interest, ex-
ccpt his own and his associates account
and Tie costs, which he distributed.
Regret Fits Letter
In closing their report on this matter,
the commission SAYS! s'We find that