OCR Interpretation


Windham County reformer. (Brattleboro, Vt.) 1901-1906, February 02, 1906, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn98069146/1906-02-02/ed-1/seq-1/

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I S.50 A Year. $2.00 If Not Paid in Advance.
: wnimiiJ YYYI
I AMUSEMENTS, MEETINGS. j I
AUDITORIUM
BRATTLEBORO
Wednesday and Thursday,
I February 7 and 8
AFTERNOON and EVENING
f GRAHAM'S
Refined vaudeville
ii presented Id Now York aad Boetnn.
DIRECTION JOHN CRAHAM
HEAPED BV
OSAKA TROUPE
Japan'! Greatest Magicians, Acruliata
anil Equilibrists.
KITTIE BINGHAM
The Original "Hiawstha Girl."
EDW. DELZARO and
Europe's Greateat Gymnaatt.
orville'pitcher
The Minstrel Man to the Kind.
Katie Emmett and McNeil Lillie E.
Eccentrio Singing and Dancing.
MASTER BRENT.
Phenomenal Silver-Voiced Bov
Soprano.
EARLE and BARTLETT.
In Their Farcical Shotch, "Papa a
Friend."
20 MINUTES WITH EDISONSCOPE.
Showing New Moving Picturea.
POPULAR PRICES:
15 and 25c for Matinee.
25, 35 and 5Uc Evening.
COMING !
FOR ONE SOLID WEEK
Marks Brothers No. 1, Dramatic Co.
Beyond all question the finest popular price
company ever seen in Hrattlclioro.
(Tout's tniH, every word nf It.)
WANTED.
WANTED A reliable man on a farm. One
who can inilk mid knows enough t run a
mowing machine. JOBS HUNT, Brattleboro.
FOB SALE.
MY place for sale. CHAS. LANG, Frost Place
FOR SALE-
-New milch cows. W.
a. doo-
4tf
LITTLifc.
FOB BALE Dry maple and beech stove
wood and chunks, ANDREWS, Guilford.
FOR SALE Three tenement house and barn,
Green St. A good home or an investment.
8. W. EDGETT & CO.
TOR SALE Four tenement house, Central
St., fine location, no better property in
New England. 8. W. EDOETT ft CO.
FOB SALE The Tripp house, Green St., one
of the finest locations in town. Possession
given May 1st. B. W. EDGETT CO.
FOR SALE Rose-combed White Leghorn
Cockerels. C, N. RICE. 27 Pine Street.
FOB SALE One lot of first-class second hand
single sleighs, one set of heavy traverse sleighs,
h,.avv team harness. G. h. uilmam.
FOR SALE Standard makes of automobiles,
some bargains in second-hand cars, a so a
full line of bicycles, supplies, and talking
machines. MAN'LEY BROS. IHI
TO BENT.
TO BENT-
-Tenement of five rooms. EDQETT
CO.
TO RENT Tenement 5 rooms upstairs, $10.
CHAS. LANG, Frost Place. "
TO RENT Cottage house, 8 rejoins modern,
furnace heat and barn. EDGE1 CO.
TORRENT Royal Tyler place on Tyler
street. Seven rooms, modern conveniences,
spacious yard. Inquire of REV. a. i-
MATHISON, 3 Tyler t- 'oil
SPECIAL NOTICES.
GEO. H. GORHAM, M. D., Whitney block.
Main Street, Brattleboro. Practice limited
to the diseases of the Eye, Ear, Throat and
Nose. Office hours: 9:30 to 12, 1 to 4 p. m.,
thv and Fridays only. Remainder of
4 week at Bellowa Falls.
18-tf
DR. WINFRED H. LANE, Office in Hough
ton block over n-uecu --
Hours 8 to 9 A. M. 1 to 8 end 7 to 8 P. M.
Residence 19 Grove St.JTel212;8.
DR. HENRY TUCKER, Residence 4 W'11',"-
ton street. Tel. 218. Office Leonard block.
Hours 1:80 to 8 ana I to v.
A. I. MILLER, M. D., Physician and Bur
geon, Hooker Block, Brattleboro, Vt. Of-
ace nours: o uu , j. u , ".-
GEO. X. ROBEBTS, M. D. Surgery and dis
eases of Women a specialty. Office and
residence, 18 North Main St.; telephone 140.
DB. O. P. BARBER, Dentist, Union Block,
over Greene's drag store, Brattleboro, vt.
I DB.
O. a. GLARE. Dentist, Whitney block,
Brattleboro. Telephone. J
nR
F. G. PETTEE, Dentist, urosoy Dioca,
46-tf
over Molden a orug sio.
DR. A. KNAPP, Dentist, Hooker Block, op
nosite Brooks House, Brattleboro.
rs v.. B. EDWARDS, Dentist. Hooker
Block, Main street. Telephone.
t,t x -or ninr. Veterinary surgeon. At
George White's stable Tuesdays, Thurs
days and Saturdays from 10 a. m. to 8 p. m,
Residence at the Gage Farm, R. F. P. No. 2.
HASKINS ft SCHWENK, Attorneys ana
Counsellors at Liaw.gri"g""'",
ROBERT 0. BACON, Attorney at Law. Room
ii TTilorv Rnildinar. Brattleboro. Sl-tt
JOHN E. GALE, Attorney at Law, Guilford,
Vt. Telephone io-.
MYRON P. DAVIS,
Collections. Emerson
Block. Tel. 5Z .
WM 0. HOBTON, Real Estate ana wwr-
ance: Notary
Elliot St.
rUDllC. omBiwu In 7.
60-tl
BARBOWS & CO., Who esale and Ketan
Dealers in Coals of all kinds. Office No. 83
Main Street. Brattleboro. Joyi
FRANK MORSE Professional houaecleaner,
cc irillnf fit 9-tf
wr t. vr,v i,,.t:nnui, Athnl. Mass.. Tel
176-21. Orders left with A. J. Pierce,. 62
Canal St., Brattleboro, will receive attention.
HIDES.
Highest cash price paid for beef hides, calf
asms ana sneev p"
PUBLIC MARKET.
52-tf
FOR SALE.
House and barn on Clark St. that will pay
over 9 on investment. Where can you In
vest your money that will pay better than
this I Also a two and four tenement house
that will pay better man B7o on investment.
Call and see
WM. C. MORTON,
Emerson Block, Elliot Street.
HARD AND SOFT WOOD FOR SALE
I have a large quantity of hartt ana son
wood which I offer for sale at reasonable
price;. It is all prepared for the stove in
one XOOt lenguin. i u ov wauv
H. C. CLARK, Brattleboro.
Orders received by telephone, No. 51-8.
t CARD OF THANKS.
1 To all who have theBe many years brought
1 one ray of sunshine to the life of my suf
Sfering one, for the beautiful flowers and the
- neighborly kindnesses, I wish to return my
heartfelt thanks. May the loving Father be
present help to them in all times oi neea
C 5 MRS. A. J. STEARNS.
. :
E T E Y
An Honest Piano
AT AN
Honest Price
A perfect piano has never been made. There are faults of one
kind or another In every piano that was ever built Our claim
for the Estey is that we make it Just as weU as we know how,
and as we have been making musical instruments for half a
century and more, our experience is not Immaterial. Ws use
the utmost care in the soloction and purchase of the wood,
metal, wire and everything that goes into the Estey. We de
vote our efforts to making the best piano for the least pos
sible price. We could make a piano for loss money but not a
thoroughly first class piano not as good a piano as The Es
tey Piano. We know that no piano can be made for less mom
ey than the Estey is made for and possess the qualities that It
ought to possess. There is a margin of low price beyond
which it is unsafe to go. We build a piano that we can guar
antee and stand back of it in every detail. Our guarantee
with the Estey name behind it means something. Ask for
terms.
PIAM(D)
Gain & Izard,
BRATTLEBORO
ASHES.
You have to dispose of your own this winter. The Town
won't take them. If you want yours carted away, telephone
or call on GEORGE E. CILMAW.
ARFTTER COURSE MEANS
The Itst Cesrss M.y St Hs. at The ALBANY BUSINESS COLLEGE
It has 25 Well trained teachers, some of whom are College and Normal graduates.
1 0O Modern typewriting machines. Several adding and billing machines.
Cardindekandverticalletlerfilingsystems. Anempioymentdepartment.
A superior Lecture Course and a
$100,000 School building. Send for new catalog. Canei.l ft HotT. AUny, N. Y.
USE FAVORITE
Gold Enamel.
Small Size, 20c
Large Size, 35c
Can Wash with Soap and
Water.
Al WOOd'S, 8 Main St.
Also Derby Paint
DIARIES
and daily reminders for 1006
CLAPP&JONES
DON'T COUGH
up your good money for an
inferior article.
USE
C. H. Eddy & Co.s'
New Warranted
Syrup of Tar and
Wild Cherry
For all Coughs, Colds and Bron
chial Difficulties.
NO CURE. NO PAY
Sold under our guarantee by
C. F. THOMAS, Ph. G.,
119 Main Street. Brattleboro,
J. L STOCKWELL,
West Brattleboro
AND ALL DEALERS.
Full 4 oz. Bottle, 25c
Full 8 oz. Bottle, 50c
FOR SALE.
Chestnut horBe, 6 yeara old, 950 lbs., sound
m-nA n viirht. . first-class driver, not afraid
of anything. Also harness, robes, blanket,
and Goncord wagon. Good trade for cash.
E. H. CRANE,
Reformer Office, Brattleboro, Vt.
Wj thou
WiATTLEBOltO,
Merchant Tailors
bE':n
PROMOTION!
success
. TRY FINCH'S
Golden
Wedding
Rye.
A Straight Whiskey
We have these goods
direct from the distillery
of Jas. S. Finch & Co.,
of Pittsburg, Pa. Noth
ing better or more pure.
$4.00 per gallon.
$1.25 per quart.
Everything known to
the liquor trade we han
dle. Send for price hst.
F. G. GALE & 00,
PHONE 12-11
HINSDALE, N. H.,
Avoid an) misunderstanding.
If you misunderstand your Insurance poli
cy, you lose some of its flavor. Not to under
stand Life Insurance is to lose something.
Take some of our kind, keep it, and If you
really know what it is, you will enjoy it all
the better. 56th year, doing business n 42
States. National Life In.. Co. of Vt. (Mutual.)
H.E.TAYLOR A SON, Cen. Agts.,
Crosby Block, Brattleboro, Vt.
SEPAEATION NOTICE.
Whereas, my wife, Annie L. French, has
left my bed and board without due eause or
provocation, I hereby give notice that I will
pay no bill, of her contracting after this
date. Hrtioui, a.
Brattleboro, Jan. 81, 1B06.
5-7
SEPAEATION NOTICE.
Whereas, my wife, Harriet Call, has left
my bed and board without due cause or
provocation, I hereby give notice that I will
nav no bills of her contracting after this
58t' LUCIUS B. CALL.
Brattleboro, Feb. 1, 1906.
They Want More Poultry Pood.
The best evidence a man can offer of
his ability to do a tninsr is me iaci
thnt hn dnpH it. JoseDh Smith of TO
ronto, Ont.. dealer in prraln. etc.. tells of
his method of securing: satisfied cus
tomers. Here Is the letter: "After
handling: 'Pase's Perfected Poultry
Food' for four vears and using: It at
at my home I feel that it cannot be
praised too hlshly as an esr producer.
Those whom I have persuaded to try
It are constantly calling: on me and
(rettlntr more. Kindly ship me two
barrels of your Poultry Food Imme
diately and obllKe."
aimest at be thy Country s, thy
VERMONT, FRIDAY, FKHUUAKY L 1900.
FITTS FILLS HIS ANSWER
TO THE PETITION CIIAEOINO HIM
WITH IRREGULARITIES.
Supreme Court Has Already Appointed
Commission to Take Testimony in
Matter Petition Was Returned to
Supreme Court Tuesday.
Attorney John I. Spelluiun of But-
land returned Wednesday to the su
preme court at Moutpolier the petition
charging Attorney Uencrul Clarke C.
Fitts with unprofessional conduct, with
the charges properly sworn to. Mr.
Kitts went to Montpelier Wednesday
accompanied by his counsel. Judge E. ii
Waterman, end was notitlcd by the
court that the petition against him
would be entertained. The attorney
general and his lawyer at once begun to
tuniilinrize themselves with the con
tents of tho petition, and yesterday
filed an answer, which la publwiiea ue-
low in full.
The petition is signed by H. A. smith,
Frank L. Hunt. Fred W. Putnam and
John J. Eckels of Brattleboro, M. I.
Heed, J. C. Allen, I. W. Stoddard,
Charles Jackson and Kugene H. Akcley
of Vernon. It charges:
1. That Mr. FitU is guilty of
fraudulent practice in holding for
several months a collection made
by him for C'loin Bailey and others
against 8. A. Smith & company in
1S93.
2. That by giving a check to
George K. Kiclinrds for $130 on
July 1!U, 1895, Mr. Fitts was guilty
of "protecting" tho American
House. It is also averred that Mr.
Fitts never paid the check.
3. That Mr. Fitts was guilty of
fraud and deceitful practice in the
Bartlett-Frescott esse; that ho con
trived to defeat his own client;
that he neglected his client's inter
ests and that said client lost all his
property throHgh the fault of Mr.
Fitts.
The supremo court this morning ap-
iiointcd A. A. Hall of St. Albans, JtranK
L. Finh of Vergeunes and John W. Red
mond of Newport a commission to tase
tpHtiinonv relative to these charges. It
is probable that the hearings will begin
in Brattleboro next wees.
M. I. Reed et al., vs. Clark. 0. ritts.
In Supreme Court. January Term, 1906.
of respondent Fills: And now
comes the respondent, Clarke 0. Fitts, and
makes this his answer to the complaint flled
against him by the petitioners in above case
and says:
1 Relative' to the Check to George E.
Rlcharda.
The respondent sy- that he did on July
29, 1M95, make and deliver to asm ueorge
K. Rlcharda his check for S1.0 for tne con
sideration of a bill he paid for this respond
ent as named in the complaint; that he, the
respondent, was then atate's attorney for
the county of Windham and said Richards
was proprietor of the American House in
Brattleboro. The respondent says that he
did not then nor ever afterwards have any
,.r.,,,.l knowledira of whether me saio
Uirharda was then or at any other time a
violator of any penal law; that all tne in
formation he ever had concerning the same
was what was brought to him by oilier par-
tie, by way of information or compiami ai
terward and that on .aid July 29th he had
no such information or complaint; that he
never saw any liquor .old in the American
House, never drank any ana nau no moans
of knowing except as iniormauou w.
brought to him a. alorosaiu; tnsi av iue
time in question he, the respondent, was a
table boarder at the said American House
and the person to whom he was indebted
was orcsent and the clieck drawn payauio
to him by Richards In payment of said bill
for the amount of S130. The respondent de
nies that he ever promised or intimated to
said Richards or gave said Richards to un
derstand that he would be granted any im-1
munity from arrest or prosecution in any
wny, shape or kind by reason of said check;
that, on the other nana, tne respouui-u.
ways while state's attorney or while m any
position that required him to do so, prose
cuted every violator oi ma iw
complaint was made to him or information
furnished him which called tor action; that
on difforent occasions while he was state a
attorney complaint was msde- to him and in
formation furnished him against said Rich
ards, all subsequent to said July 29, and that
on each and every one oi sam occio...
prosecuted successfully all complaints to
the full extent required by law wnnoui iear
or favor; that while tne responuem w.
state's attorney there never was made to
him anv complaint or never brought to him
. .. ! . knJ. aimnA.t.A
any information aisinn iJ"j -"'
by evidence but what he promptly, fully and
faithfully prosecuted the same, and said
Richards never received me sugnunn
or protection at the hands of the respondent
directly or Indirectly in any wa? or nianner.
That the amount represented by said check
was subsequently paid In full by the re
spondent, part in cash to said Richards, and
partly to a creditor of Richards by his or
der, and thereupon, upon such. payment said
Richards, instead of returning said check to
the respondent to whom it then rightfully be
longed, turned the same over to one trea
C. Gale who is one of the affiants in this
case who procured It as this respondent be
lieves for the purpose of enabling said Gale
by such means to attempt to intimidate this
respondent and to prevent him from taking
measures in the prosecution of said Gale for
unlawful liquor selling, he, this respondent,
then being employed by a law and order
league in Brattleboro to assist in prosecut
ing a saloon and gambling . place on the
island in the Connecticut river opposite Brat
tleboro, of which saloon and gambling place
said Gale was one of the proprietors; that
said Gale brought suit upon said check : in
his own name against this respondent, which
suit was tried before a Justice of the peace.
F Q Taylor, and a jury at Brattleboro on
August 22, 1898; that thia respondent, the
defendant In said suit, then pleaded that
said check had been paid. The parties were
heard with counsel and produced evidence.
The jury found by ita verdict that the check
had been paid and returned a verdict in fa
vor of the defendant and thereupon no ap
peal was taken by said Gale and execution
issued against him in favor of this respond
ent for costs which he paid, all as appears
of record. And this respondent claims that
as far as the payment of aaid check is con
cerned, aa well as the consideration for
Richards'a payment of asid bill were all set
tled and determined by said judgment.
2 Collection Against S. A. Smith Co.
This respondent further answering says
that some time in 1898 there was placed in
hi. hands for collection a bill against S. A.
Smith k Co. of Brattleboro in favor of Clem
Bailey and others of North Carolina; that
it was a debt which said Smith ft Co. owed
and refused to pay, thereupon the respond
ent brought suit against them and employed
,A him therein Judge L. 11. Read of
Bellowa Fall.. Said suit was tried at the
a-.w im 1893 in Windham County
Court and judgment rendered for plaintiffs
God's and Truth's.
to recover full mount; thereupon, defendant!
noted eireplion. to Ih. supreme court but,
not perfecting lb. asm., the plaintiffs be
came entitled to eutiun snd thereupon this
respondent demanded payment for the judg
ment and received III. same oa December ilT,
1HU3; that he deposited the aam to his
(neral bank account, cummuulcaled with
Judge Read to get hia charge and proceeded
to get other Items nf cost; that till, re
spondent was then engaged In business of
quarrying and manufacturing aa hereinafter
fully aet forth and was on larga .mounts of
paper and obligations on account thereof:
that there waa chargi-d up to hi. account
after aaid deposit certain of such obligations
thereby reducing the amount In lbs bank to
a sum below the balanc. du. hia clients;
that after settling with Judge Read and the
itema of cost, Iba respondent remitted all
that he had. all according to lh. letter of
April 2, 1HU4, aa appeara in tha complaint
and thereafterwards aa anon as It was pos
sible for bira to get the money.to wit, on
June 21, 1H94, he remitted to the plaintiffs
all the balance due them with Interest on
the whola amount from lha time It came Into
hia hands, all of which was during that same
year well known to aaid Smith and Hunt.
Thia respondent denies that in the premise,
h. ever undertook to wrong and defraud the
said plaintiffs in any way whatever, but upon
the complication arising aa aforesaid, sought
to make full payment and restitution, includ
ing interest at th. earliest moment be could,
which he did.
Relative to both the foregoing matter, of
complaint this respondent hss this to answer
in general: That before he became of age,
to wit, when he was IS yeara old he became
involved in the business of quarrying and
manufacturing in which h. suffered very large
loss; that when he became of see he ...
umed tha obligation, previously incurred
and thereafterwards for a period of aeven or
eight yeara was in straightened circumstances
financially and wat in heavy debt to the
banks in Brattleboro and othere, with paper
continually becoming due and aometime. go
ing to protest: that he sought to and did
pay off his obligation, in full without loss of
a dollar to any man and without wronging
any client in any way, and that for the last
six yeara he has had unencumbered attach
able property in Brattleboro, as shown by
the records, of several thousand dollars and
that anyone having any obligations of any
character against him might have secured it
at any time during the last six years had be
so chosen. This respondent avera that no
man now or heretofore directly or indirectly
connected with the liquor traffic in any way
holds any unpaid obligation of any character
or kind against him.
This respondent further answering says
that the fact, concerning the two foregoing
mailers of complaint are generally and well
known in Drnttlelmro and have been for many
years; that the said Smith and Hunt have
openly and publicly told of the said collec
tion matter against them; that the said suit
of August 22. Ii4!i8, on said check and all
the details thereof were published and dis
cussed in both the local papers of Brattle
boro at the time; that there never hss been
any concealment or attempted concealment of
the facta thereof on the part of this respond
ent and thst he understanda and believes
that most of the complainants have known
in general about these two matters for the
last seven or tight years.
Wherefore, this respondent from all the
foregoing claims thst the said complainants
in making complaint as to said check and
aaid collection, which occurred o long ago.
and were settled and disposed of are not
justified in bringing this proceeding at this
time.
Your respondent answering the allegation
in the affidavit of Fred C. Gale, filed with this
petition, denies the same in toto and declares
that it is absolutely false.
3 The D. P. Prescott Matter.
This respondent answering relative to the
I). P. Prescott matter says that he was
employed by said Prescott as counsel in me
suit of Uartlett vs. Prescott commencing in
December, 1900, and from thence up to the
April term, 1901, in Windham County court.
He avers that during the whole progress of
said case and all the questions arising there
in he acted in good faitft for the best In
terests of his client as he believed and with
the sole purpose of protecting the interests
of his client, said Prescott, in everything
about aaid case; that he never knowingly am
anything to prejudice the interests oi nis
client but with all his seal and ability work
ed for his .aid client', interests; that he
hronrht suit of Crown ft Bailey vs. Bartlett
upon a promissory note of said Bartlett and
trusteed said Prescott as alleged in compiniui
but did so with the thorough understanding
between all parties interested that as be
tween Crown ft Bailey and Prescott his first
.ervice and duty was to Prescott; that there
never waa secured any judgment against said
Prescott as trustee in said Crown ft Bailey
suit; thst judgment was rendered in favor
of said Crown ft Bailey against Bartlett, the
principal defendant, at the September term
of 1903 of Windham County court but that
said case was then and always thereafter
ward continued aa to trustees until the ter
mination of the Bartlett vs. Prescott .uit
when the Crown ft Bailey suit was
settled; that this respondent . employ
ment and action taken in the Crown ft
Bailey suit were approved by aaid Prescott,
wss known, to him and other counsel associ
ated with the respondent for said Prescott
during the entire time of the litigation, and
was known to the court: that all the same
wss in good faith; that thia respondent never
acted in a dual capacity therein but always
with the single purpose of first securing the
righta of said Prescott in the Bartlett case.
This respondent denies that he owned the
claim or judgment of Crown ft Bailey vs.
Bartlett or any Interest therein and he de
nies that any liability he was under for said
Bailey in any way had to do with or Influ
enced his action in the Bartlett vs. Prescott
case. This respondent avera that soon after
the beginning of the said case of Bartlett
vs. Prescott another attorney, A. F. Schwenk
of Brattleboro, was employed by said Pres
cott aa counsel therein with the respondent
and thenceforward acted with him as uch
coun.el and was privy to all move, made by
counsel, including said trustee suit and all
that was done for and In behalf of said Pres
cott, and that later in the case another at
torney, John E. Gale of Guilford, was like
wise employed by said Prescott and thence
forward said Gale was always" privy to all
that was done in s d about said aults; that
on different times during the progress of
said case Prescott employed other counsel,
to wit, John H. Senter of Montpelier, and
Elisha May of St. Johnsbury.
This respondent further answering, with
out going into detail, deniea each and every
one of' the allegationa of unprofessional con
duct set forth in the affidavit of said D.
P Prescott filed with thia complaint and de
niea that there was ever any neglect, indif
ference, collusion, fraud or wrong doing of
any character on hia part In and about the
matters of aaid Prescott in any way, shape
or form. This respondent further answer
ing aays that aomething more than a year
ago he learned that said Prescott had made
some statements charging this respondent
with being unfaithful to him In said litigation
...H of bavin? acted in a dual capacity and
that thereupon the said Prescott not having
paid and aettled the respondent a account
against him for services in said case, he de
manded settlement of aaid Prescott, giving
him notice that if the settlement was not
made he, this respondent, would sue Pres
cott therefor because of the statements which
said Prescott had made a. aforesaid and in
order to give said Prescott an opportunity to
make defense against said account on said
H- that Prescott refused to pay and
thereupon the respondent brought suit against
him: that judgment to account thereon was
rendered April term, 1905, of Windham
County court and an auditor appointed and
that hearing was had thereon before A. W.
Butler, the auditor appointed by the court
to hear and determine the same at Newfane
September 6, 1905. Mr. Prescott waa pres
ent with counsel, evldene on both aides was
produced, Prescott defending said suit on
the grounds that the respondent had been
unfaithful to him and had acted in a dual
rapacity and, after hearing Ilia partie. and
their evidence and counsel, th. auditor made
hia report to th. court, th. aubstaucs of
which relative to tha matters of aaid defense
is aa follows: "(evidence ol both side,
shows that Mr. Fitts sued Mr. Bartlett and
trusteed Mr. Prescott with others but it also
shows that Mr, Prescott herein, informed of
that fact and waa told by Mr. Fills that he
would protect Prescott' s Interests In the
trustee iiroress in iireferencs to thoaa of th.
other client, and tha other clients so under
stood; that Mr. Prescott atill retained Mr.
Fitts. I find that Mr. Fitta was
not acting in a dual capacity aa claimed by
the defendant; that Mr. Fitta did not be
cause of th. suit in which Mr. Prescott waa
trusteed with others endanger Mr. Prescott's
Interests in th. Bartlett eau; also that Mr.
Fitta's chargea were in all raspeots reason
able and just for tha work performed and
that aaid work waa well ana lattniutiy
dona." Upon aaid report judgment waa ren
dered for this respondent to recover of Pre.
eott th. full 'amount claimed by thia re
spondent, that no motion waa aver made by
Prescott or hia counsel to aet aside or re
commit aaid report or have re hearing and
that no objection was mad. or exception tak
en to aaid judgment.
Wherefore, this respondent avera mat ne
haa given aaid J'rrseott .very opportunity
br due process of law to make, prove and
aubstantiate tha chargea he now makes
against him, that In aaid auit Prescott under
took to do so and failed and the respond
ent avera that by reason of said judgment
the aaid claims and charges of said Pres
cott hsve as between him and aaid Fitta been
judicially determined and ended; yet the re
spondent is ready at the direction ot mis
court to submit sll the Sam. again to the
A,,Hin mnA determination of anv tribunal
which to this court shall seem meet and prop
er in th. premises.
8peedy Action Asked.
Now the respondent sver. thst the pen
dency of these charges .gainst him is of
great harm and Injury to him, his reputa
tion, hia business and further for the reasn
that the service which he owe. to the .tate
of Vermont is, pending these charges, se
riously impaired, therefore he prays mat tne
court take sneedy action in tha premise, to
have the charges passed upon and determin
ed, to Have such facta found as may to the
court seem necessary and for final judgment
of thia court as to whether said' petition
ought to be granted and as in duty bound
will ever pray.
Past Express Wrecked at Bolton.
Th vi- TrtiFlund Ktntea Limited.
an express train bound from Boston
for Montreal, was wret-Koa at tsoiiun,
20 miles southeast of HurlliiKton. on
the Central Vermont railroad. Friday
tiiKht. Jan. 26, bv running; into an open
...I..U ...hl,.U I., Kollat-a,! tn hVA hfen
nn illii, . in. in in -
opened with malicious Intent. Six cars
jumped the tracK and were praciicanv
demolished, but fortunately none of the
passengers or trainmen was seriously
hurt, though some received severe
bruises. The train was kohik ui niKn
sneed nerhnos 60 miles an hour, when
It struck the switch. Three frelsht
cars, heavily loaded with lumber, were
standing: on a sidlnir, ana were strucK
bv the derailed train. The Impact
wrecked the locomotive: demolished the
mull car and baggage car and badly
damaged four other enrs which were
Pullmans and carried a iun comple
ment of passengers. The engineer and
fl.Qm.n ot.inir tn thoir nrtHts nnd neither
.... ini inctv foot nf tho flifllnrr
was torn up.' A ristd investigation was
Immediately besun by tne ratiroaa au
thorities and a statement has been ls-
..1 .-, ., 1 . I ..... , V. m-tx ar.nnr in ) I f nn
sum in . mi iii. 1 1 v. . u , - ... ..
question but that the mishap was the
work of some miscreant. me nan
man of the freight train, last to make
.Ua DUin. in nneHnn." the
statement continues, "positively states
that he closed the lock of the switch
ri v,ia nAnitiiMnr stntpQ that he per
sonally watched him perform such
work. The agent at tne stniixn aiiirnio
. u . K I in,,.!, aftat. Ihi, froicrht train
lliai 11III1UHO ...v
, .1 . .. .... ...1 1, i nlaail th. licrht nf the
switch In Us proper position and saw
that it was properly loeKea ror tne
main line.
"A resident who was walking: along
. v. ,..a n4 nk.Qpt.oi1 tha nrtnrnnp.h
IIIC iiai.n aim w ... . ......
of the express states that the light of
. i. . ,..(... t, nrao rtlcai TmmeHintelv
iii,: b,,iii,ii .. o . . - '
after the accident occurred an exam
ination developed tne iaci inai me
switch lamp had been removed from
the socket and turned down and fas
tened bv a wire, so that it showed the
main line position while the switch was
set for the siding-. The switch lock
was found upon the trround a short
distance from the switch. The resident
before referred to claims to have heard
someone running- from the scene as the
train approached."
Imnnnunt. fnr n trln to Wash
ington by hieh school students are be
i,i tr nnmniAhiii. Amnns the number
will be the Bellows Falls senior class.
and the high schools of (Jiaremont. .
H.. Springfield. Chester and Ludlow.
The teachers of the Rutland high
school are making; arrangements for a
trip to Washington during: the soring
vacation. .
Absolutely
DISTINCTIVELY A CREAM OF
TARTAR BAKING POWDER
It does not contain an atom of phos
phatic acid (which is the product of bones
digested in sulphuric acid) or of alum
(which is one-third sulphuric acid) sub
stances adopted for other baking powders
i because of their cheapness.
ViV iw Cents Pit Copy.
NUMISKK 5
STATE ATTORNEYS SCORED
ANTI SALOON LEAGUE BUTT. FER
GUSON REPORTS NEGLIGENCE.
Liquor Law Not Being Enforced Got
ernment Licensees. Mot Holding State
Permits Wants Physicians' Orders
Stopped Will right for "No" Vote.
The seventh annual meeting; of ths
trustee of the Vermont Anti-Saloon
leugue was held at Hurllngton. Tues
day. Jan. 30. Reports were presented
and the work waa discussed.
Supt. C. J. Ferguson of Burlington in
his report declared that the campaign
for 1U05-S begun the next morning af
ter the March elections of last year
and would continue until the polls
closed the night of March ( this year.
The work of obtaining; total abstin
ence pledges has been pushed with vig
or. The heavy debt ot the league has
been paid during the paat year. It Is
believed that there are In Vermont
223 holders of United States licenses
authorizing the sale of lluuor. The sec
retary of state has received a record
of 101 holders of licenses for the sale
of liquor under the laws of the state
and six towns have made no returns.
Superintendent Ferguson declared
that some of the state's attorneys had
refused to prosecute, even In no license
towns, under the statute declaring the
holding of a United States liquor li
cense prima facie evidence of the sale
of liquor. He scored some prosecut
ing attorneys for the negligence and
failure to do their duty In law enforce
ment and denounced the practice of
physicians giving orders for llauor con
trary to law. This, he said. Is one of
the most difficult problems to deal with.
In one town a physician who has lit
tle practice is said to issue from 90 to
158 orders for liquor each month. Mr.
Ferguson advocates the employment of
detectives as the only feasible way of
correcting this evil. The shipping of
liquor from license to no-license towns
is said to have reached considerable
proportions In some parts of the state.
The prevalence of pocket peddlers and
kitchen dives Is mentioned. It is
claimed that in one tenement in Bur
lington five families carry on a liquor
traffic. Town prohibition is said to
give fairly good satisfaction at some
places. The overcrowding of the house
of correction at Rutland is alluded to
and Superlntedent Ferguson dwells
upon the fact with great emphasis as
illustrating the unfairness of the local
option system in, placing the burden
of the support of prisoners from license
towns upon the people of the whole
state.
The statistics presented by Superin
tendent Ferguson show that during the
year he has held 322 public meetings
speaking to 28.500 persons. He has
tuken in pledges the sum of S7.356. A
classification of the voters of all the
towns has been made, showing their
attitude on the license question.
The field secretary, the Rev. W. R.
Davenport of Barre. showed that he
had traveled 10.000 miles In nine
mmiDii riurino- wh l.-h time he had
made 111 addresses in 97 towns nr-ii
counties, held nine conferences, and
raised over 52,700.
Anti-Tobacco Crusade.
The movement against the use of
tobacco by public school pupils, which
was begun in Burlington recently by
the teachers of the high school, has
spread to Rutland and. if the plans
formed bv the teachers there have the
right effect the habit will be checked
somewhat. The rule will most serious
ly affect the make-up of the base
ball team, since every candidate will
be required to assure the principal that
he has not. since February I. used to
bacco in any form, and will not while
he is in the school In the future. As a
result of the rule recently made by the
high school teachers In Burlington,
barring users of tobacco from the
school organizations, a company of
boys who come under the rule have
formed a baseball team to be known
as the Burlington Independent team.
The boys say they are not opposing
the anti-tobacco rule but wish to play
baseball and are unwilling to make any
tobacco pledge in order to have the
Privilege of belonging to the school
team. There are still several good
players In the school who either do
not use tobacco or will give the habit
up in order to play on the school team.
The house at Bennington that was
formerly known as Ethan Allen hall
and that stood north of the Old First
church at Bennington Center, is being
moved to a point on Mount Anthony
street In that village a short distance
west of the residence of Philip B. Jen
nings. It Is understood that Frederick
B. Jennings and ex-Gov. McCullough
will erect a $50,000 mausoleum on the
site of the house within the next year
or two.
i

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