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

which IL appeared that there was long
and severe litigation, the outcome OF
which was disastrous TO Mr.. Prescott q
financial condition. In brief, Mr. Pres.
cott' Is charges as brought out in the
evidence were as follows That he was
, wronged by the failure Of his attor.
ney, Mr.. Fits, to prevent the attorney
for Bartlett from raising the ad dam.
nun Of the writ in the original Bart.
lett-Prescott suit from $500 TO $4,.
900; also that he was wronged by his
attorney not preventing certain al
legged false evidence being produced
before the referee; that two doeu-
ments, one marked A and the other
designated as the Mather book, were
Improperly introduced in evidence and
were given to Judge J. II. Merrill of
Rutland, referee in this case, for use
in making his report, sometime after
the hearing was over; that Mr.. Fits
was interested in certain trustee suits
against c. c. Bartlett in which Prescott
was trustee, and that he thought that
his attorney was seeking to have a
judgment secured against him, Pres.
colt, sufficient to cover the amounts of
the trustee suits. II appeared from the
evidence Of Prescott that upon the first
hearing of this case he himself denied
that there ever was settlement be-
tween himself and Bartlett and that
Immediately Waterman & Martin, as
attorneys for Bartlett, asked to have
the ad damnum raised as stated above
for the purpose of covering and inves.
tigating all the transactions between
the parties interested.
In the course of his testimony Mr.. |
Prescott said that Mr.. Fits never told |
him about the Crown g. Bailey suit in 1
which he was counsel for the plaintiff |
and Mr.. Prescott trustee defendant. /
"When / asked him if that was the
proper way to treat me.n said Mr.. |
Prescott, "he (Mr. Fitts) told me it |
was all right, good thing to do and a
common practice among lawyers. In
regard to the alleged false testimony
introduced at the hearing before Ref
cree Merrill Mr.. Prescott said he asked
his counsel how long he was going to
allow such things to 60 on and that Mr..
Fits replied he didn' believe the
referee would believe it. Mr.. Prescott
further stated that he had repeatedly
talked with Mr.. Fits about not treat
ing him fairly but had never received
answers. He also said that
Mr.. Fits had given him to understand
he never would have to pay enough to
with his business, and that on
the strength of that statement he
{ (Prescott) bought another woodlot.
In relation to the Mather book,
which he contended was improperly in
troduced in evidence, Mr.. Prescott .
stated that it was borrowed from ,
Henry Mather by woman who was
living with Bartlett at that time for i,
.he use of Bartlett s attorneys, and !
hat Mr.. Martin had said Mr.. Fits gave !,
iim permission to have it incorporated /,
n the referees report.
The cross examination of Mr.. Pres
,ott by Mr.. Martin had been going on
,at short tire When adjournment !
vas taken until o'clock today.
This Mornings Session.
Attorney John II. Senter of Mont
'elier was the first witness put on the l
tand this morning, and his testimony Z
vas very strong in behalf of Mr.. Fits. II
Though tritie detrimental to the at n
orneys for the other side in the Bart. o
ett-Prescott case. Mr. Senter, who as n
listed Mr. Fits in this suit, stated D
hat the latter was extremely Jealous !
a behalf of his client. ~ never saw 1
man work harder for a client in my
fe, said he ''In fact, he was so "
ealous that at times / felt like pull
lg him down by the coat tails y Mr..
enter said he had no doubt that the p;
sport of Referee J. H. Merrill was en- te
rely at variance with the facts ap- Sc
caring in evidence at the hearing and it
lere were embodied in the report find ca
gs which could never have been made OF
ON any evidence produced ~ thought Ut
was the most corrupt report I ever pl
w, said Mr.. Senter, Fand | think dc