Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1906-02-16
The Commissioners Hearing.
Summary Of the Evidence Given Friday
Afternoon and Saturday.

Summary Of the Evidence Given Friday
Afternoon and Saturday.
Just before the adjournment Of the COM
mission on Friday morning. Sheriff Frank
w. Mcclure testified as to the receipt
signed by Julius J. Estey and 8. A. Smith
He said Ii was the only receipt for the
property attached by him in the Bartlett
Prescott suit which he ever held Charles
f. Thompson, treasurer Of the Brattleboro
Gas Light company, was called to testify
regarding the settlement of the Richards
account. He was excused for a time,
as It was shown his testimony should
more properly come In in rebuttai The
attention OF the commission was called
by Mr. Spellman to testimony Of Mr.
Richards as shown by a telegram, a copy
Of which was offered In evidence. The
respondents attorneys made no objec-
ton and the telegram from f. G. Gale
to Mr.. Richards and the reply were al
lowed to go into the case. These tele-
grams appear In full in the report Of
commissioners
The nrst witness called at the afternoon
session was George c. Averill president
Of the Vermont National bank. He was
questioned in regard TO the delivery Of
the check given to Mr.. Richards by Mr.
Fits but had no recollection OF receiving
an order from Mr.. Richards for the deliv-
cry of the check to F. c. Gale Following
Mr.. Averilrs testimony the prosecution
rested Its case and the privilege OF ad-
dressing the commission was given to
any OF the petitioners who were present
No one availed himself OF the opportunity
so Mr. Fits appeared as the first witness
in his own behalf.
Mr. Fits was questioned by Mr.. Martin
and afterward cross examined by Mr.
Spellman. the whole examination taking
practically the rest OF Friday afternoon
and some time Saturday morning The
first subject taken up was the s. A..
Smith collection matter. Mr.. Fits tes-
titled to being retained In the case in
1898 and bringing suit to recover the ac-
count. The case was tried at the Septem-
Der term OF court of the same year and on
account of certain aspects OF the case
the late Judge l. NJ. Read OF Bellows
Falls was asked TO aid Mr.. Fits. On the
settlement OF the suit he testified that
he deposited the money paid by s. A.
Smith & Co. to his personal account in
the Peoples National bank and certain
items were Immediately charged TO his
account, which wiped out the amount OF
the check. At that time he was engaged
with Mr.. Martin in the lime quarrying
business and had many obligations which
were continually becoming due. As soon
as possible thereafter he sent the North
Carolina firm check for $3.50 and ac-
knowledged writing the letter which APP
peared In the complaint OF the petitioners.
Later on. June 81. he sent c. Bailey &
ottinger Bros. a check for the balance
OF the account with interest to date.
He testified that he never had any In
tention OF holding the money for his own
use and RENTED It as soon as he could
get the amount together.
Being questioned regarding the Rich
ards case. ne said that during the summer
Of 1895 he took his meals at the American
House when in town. during the absence
OF his family. He said that on one oc-
can House and pressed him Sharply for
the payment OF a bill. which he was owing
to a Shelburne Falls concern. He ex-
changed checks with Mr.. Richards, Mr..
Richards writing a check for $3.50 pay
able to the Shelburne Falls company and
Mr.. Fits giving a check payable to Mr..
Richards. He did not know when the
check was put In the Vermont National
bank, but first learned of II some time
in June, 1897, when the check was handed
out to him at the bank. At that time
he secured a cashiers check for $50. and
some days later paid 10 the Brattleboro
Gas Light company a bill of some SIS
which Richards was owing and paid Mr..
Richards some S. in cash. closing the
account in full. He found later that F.
c. Gale had secured the check and he
was sued by Gale to recover Fitts's plea
was payment and on a trial before a
justice and jury the verdict was rendered
that the check had been paid. He testl-
ned that he went to Winchester to see
Richards, in company with A. F. Schwenk.
and demanded that Richards go to the
trial Richards said that he knew the
check was paid, but that he let Gale have
1t thinking 1t might help him in some OF
his troubles.
Mr. Fits testified to prosecuting Rich
ards as a common seller on a complaint
that he had a United States internal reve-
nue. stamp in his possession and that
Richards was fined 500 and costs; later
Richards was again prosecuted on a dis
closure made by one Barrett and was
fined $50 each for two first offences.
Afterward the property was transferred to
the name OF Mr.. Richardss son-in-law
and as attorney for the bailiffs he COM
planned to States Attorney Robb regard
ing the sales OF liquor at the house. He
showed that in 1898 and since that time
his property would have amply secured
any claim for $3.50 that might have been
presented.
AS to the Prescott case MrS Fits testl-
fed that he did his full duty In every
particular and that during the whole
progress OF the case and regarding ali
questions arising therein he acted In
good faith for the best interest OF his
client as he believed. and with the sole
purpose OF protecting the latter's interest
He further said that he brought the suit
Of Crown & Bailey against Bartlett upon
a promissory note, with Prescott as trus-
tee, but did so with a thorough under
standing between all parties Interested
that his action taken In the Crown a
Bailey suit was approved by Prescott;
and that he stated at all times that mis-
first duty was to Prescott, always with
the purpose OF securing the rights OF
Prescott In the Bartlett case. The cross
examination by Mr.. Spellman brought out
nothing that changed Mr.. F1tts's direct
examination, the witness merely reiterat-
ing statements brought out by the direct
questions.
Before court adjourned Mr.. Fitts's
cross-examination was interrupted to al
low the examination Of a delegation Of
Bellows Falls attorneys, who were to re-
turn on the afternoon train. The lawyers
were questioned briefly by Mr.. Batchel-
der. They were A. l. Bodies, Judge Zina
II. Allbee, II. ID. Ryder and George d.
Weston. Each testified to the excellent
reputation OF Mr.. Fits in all respects