The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-10-03
TRIAL OF JOHN p. PHAIR
For the Murder of Mrs. Ann Freeze.
FOURTH DAYS PROCEEDINGS.
Testimony Concluded - Arguments
OF states Attorney r. 3. Ornsbcc
Tor the Sfntc ana Hon. ID. Il. N,choi-
son for thc Defense.

Tie testimony on the part OF the dc.
Tense in the Phair murder trial was con.
cludcd yesterday friday and two of the
four arguments to be MADE were con.
cluded The opening argument for the
state was made by the States Attorney
T.. j. Ormsbee of Brandon il was n
powerful effort and will be found nearly
In full below the opening argument for
the defense was made by Hon D. Il
Nicholson The last witness called was
WALTER O. LANDoN.
Reside in Rutland drove by Mrs.
Freezes house Tuesday morning n, G. 20
noticed the house saw no Indication of
fire heard alarm Of fire after getting
home live about half a mile from there
ARGUMENT or +. J. oRMsBEE
The states attorney opened by referring
to the fact of his stating what he expected
to prove before putting in his testimony
in looking back upon that statement of The
case which justified the arraignmeni of
the prisoner, he asked if the counsel for
the state had not more than fulfilled the
prediction and promise; it was under
stood that this was a serious matter not
only Tor the prisoner but also for those
who present this man for trial they had
endeavored to be actuated by no undue
zeal, but had seen to 1t that they kept
-ithln the line Of their duty the charge
was the most serious in the catalogue of
crime. The case would be presented on
the facts alone. unvarnshed and no, en-
larged and it was upon those facts he
asked the jury io pass upon The guilt Or
the innocence OF the prisoner at the bar.
When he had presented the case and
grouped together the evidence the case as
presented would be left with the Jury for
their decision. Their duty was as plain rs
was that of the counsel No partisan zeal
was required in criminal case like this
but merely presentment of facts in fair
and ungarbled manner. 1t devolved upon
the state to convince the jury beyond a
reasonable doubt. FIRST it was evident
that crime had been committed and il
was necessary for him to define the crime
of murder. Still it would be If there
were different degrees of murder to he
raised in the case, but now it was only
necessary to show that the life of human
being had been taken by malice arore-
thought. The Indictment for murder had
named the various ways by which the
crime was committeeman it was only neces.
sary to show that it was committed
by one of these various WAYS.
1t was necessary for the state to show that
the life of Mrs. Ann Freeze was taken as
the charge against the respondent was not
for the murder of anybody else; they must
show that the body found at No. % Forest
street was that of Mrs. Ann Freeze, and to
show that Mrs. Ann Freeze came to her
death by the hand of violence. Also that
John p. Phar is the man, and that by his
hand her life was taken; all these beyond a
reasonable doubt the jury must be satisfied
us reasonable and cUnsiderale men. 1t
must he understood that the counsel of the
state stood stripped of any sympathy. The
jury would be appealed to, as is always the
case, in language of sympathy, and the re-
spondcnt held up to you in such terms.
That was well in order to guard against in
jury, and beyond that the jury should not
go 1t was known that he has a mt,ber
In rl,n1 Il. 4
be found guilty, and no one had more con.
sideration than himself for the mother and
sisters; but this had nothing to do with their
deliberations. They were only to try upon
their oath the issues between the state and
the prisoner, and not between the state and
his father, mother, sisters and brothers;
simply to try upon the evidence presented
by the state. Evidence had been put into
this case which claims that the prisoner was
not the murderer; that the victim was not
as reputable as she should be, but had de-
parted from the paths of chastity and rec
tltude. The court would tell them, their
own good sense would tell them that that
fact would not relieve them from the re-
sponsiblity in the matter. Their life is
protected by the same law from the hand
of the assassin as were the best and purest
In the land. That was one of the beauties
OF our government; the high or the low,
the chastc and the degraded, all stand be-
fore the law on level. Nothing could be
asked in behalf OF the prisoner because of
the want OF character pertaining to the
victim who was claimed to hayc been MUIR
dered at his hands
In considering the testimony produced by
the government, that of the defense which
had been produced took not a feathers
weight from that produced by the state
Has a murder been committed ? About
twenty minutes past six fire was discov-
cred from the house of Mrs. Ann Freeze.
You well remember the condition of things
in the house as testified to, and so far as
the testimony is concerned there was no
contradiction of facts. We need not group
the testimony for it stands as so many
facts proven andspeaks to you,as facts and
stand uncontradicted. This shows that
the house was found on fire, smothering,
slow fire, when entered by Mrs. keenan,
and others. How was it set e? BY the re-
spondent before his departure at 4.30. The
other side may ask how this can be posi-
BILE. You will be asked how it could be.
in words both loud and long. But YOU re-
member the condition Of things there.
There was no fire in the house except in
that alcove, but there it had been burning
sufficient time to burn abe flesh off and
the bones of the body of this unfortunate
woman, so that they dropped before the
bed fell. God only knew how long it had
been burning. You could see only little
fire, but how kindled, how confined, how
regulated The Almighty and the prisoner
only knows. But we do know 1t had been