Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1875-02-12

JOdn 4. lH1tf.
! CLOSE OF TIE rRIAL-THE EyCEgTIjN- OyER'
( RULED AND NEW TRIAL EzFUsED--oPIS
ION OF THE CoURT-sPEEcH or rHNk-
! SENTENCE.
! 1t the session ID 5ae supreme Court al
Rutland, Thursday afternoon, Judge Royce
gave the opinion Of the Court on eases No
| -. State vs.. John p Pnair exceptions by
respondent; and No. =, S8,e vs.. John P
Phair petition for new ui1,
In the consideration Of ,hi9 case jlec1ur.
/ has not been uumind!u! Of the response
/ bi.ity resting upon Il, ana OF the vast i'm
por.ance Of IT, decision to the respondent
/ and to the public. We have given 1t all
3 the consideration which the ciTcuT stance
would permit, and ali. we think, that jus
4 tee requires. The FIRST exception filed DY
the respondent was against the ruling OF
the County Court q 90 tLo qualifications Oi
/ some OF the iar0rs. IL IS claimed that they
had formed an opinion upon the case and
/ should not have been allowed 20 serve
/ There IS no question hCt VIVA. juror
would be disqualified from serving who bad
( both formed and expressed an opinion. Any
I expression OF opinion would debsr 2 man
/ from serving, and the court would not be
/ justified In accepting him. Stll the law
requires i1r th.s not only the foundation
/ hut the expression OF al opinion. j. II
/ were ne" p9il- '-1 ',iJ '-'-i af-uni hl'
! Of the counsel for the acicldau, might haFt
I some weight, bar we must STATE tie .sv %.
| we lnl L., ana -li .Ae e-'-p' NOS " 1''
/ taken.
Exception has tcon taken q .he e,leac,
/ OF witnesses as o. Tic mana" Iiiins- 4h.
turns upon tHe character Oh tae witnesses
/ II they were experts, as was elaine H. tAei'
/ evidence was all f4SH'- An eAi CIT is lol
/ sou Hhs possesses 'ta.-4r SAIL anu uI-eI r.
standing OF subject Inc Weisht "ale'
= 10 be giveu 10 AiS testimony is properly =
/ question iJr tHt Jury lac "-tnes=t- 't-.'-
Z he'd iLat taey pQsse-,cl SHch SAIL, anu 'A'
1 jury were % de'i-e Nie-leF theJ were
/ credible per~en s' ana d." important tle.'
/ testimony E-@- Sl'h testimony ""- A-
mlsslble-
Exception was '-AeA . me admission e'
/ Parmeuter cuir'es cHAc- sninS thi rel az
/ OF the watch me en'ries hal been MAJ.
I by VIZ. Farmen,er 10 the ordinary course oi
/ BIAS ness. ana DE clu.l A'Fe hAd 70 motive
/ 10 ials.ly them. Inc evidence was a.
missile
Exception "as t-A-A - ill O., .ca-e ok
Cain that he -i- n't see / talr AZ hiAnaon
/ The ey'denie was negative 10 character. an !
Should not pc i--3"t1 @-et' "-'s''' 7''-' 4-
/ wes admissible
Exception Wa. '--en ..--.'y ID ne S-@l e
/ Of the cog7t. A. 10 this "eare iaAj sat-
/ .shei that there W2s DO esf'- IN H. thal
there are DO .esa! r-A;S oI TIE pfis neF
/ which were not properly guard D, ana tn''
I every Gaze was taEen 10 secure ID his q
4 FAR trial. lie respondent akes nothing hJ
/ hIs exceptions, ana Jcl-meat b. rendered 10
/ favor OF the veriie--
The second point is petition ior me-"
/ trial, on the gt1u1d tIat Ht" c'litlcc lS-
/ been DISCOVERED. No ne" tF.a4 Us if grant
| ed unless ile c'iisIcC wulch wa presented
/ on the former tr.al ana TIE eF4ience " licA
! has since n1'n discovered, Wouli, taken
/ together. Qrlhat.. change the result reach
] ci IN tie Lr-t tlial. All '1e c'i-cii'1
I furnished Us mas laAel 70 convince US ihat
/ the Te-E.. "cl-4 rave Vari.d- al 'ht new
[ evidence now produced had ocea presentel
/ 10 the lury nj the county t'ul-' 1t WOMB
| no; pro naoiy have changed the Fesdlc, G.
/ Inc petition therefore cannot nc sf5hlsu o.
On the conclusion Oh tHe oplAl'i- e. 1us1
I Pierponi addressed the ps!s5hts g Iolio"
Young man, We hare carefully con'i11red
| Jour e. pc anpca-ei iE';A 'he ''4.,i
| Court and can see 70 .e-s.a '' SCI aslle u.s.
| hndlne. have N'u anything - S-,y "-J
sentence should not "- pT1n9nHeea u. 20
/ You
Phair thea replied
| have something 70 .2Y. Il is Rae Afsi
time IN this case that nave nH4 c1aneo
to say anything ioE myself ~ Is tic Arst
/ time that have known OK an innocent
man being conyi> ed oil . CRIME, anu DO" II
Z ms Ennu FrNuUnf GlNNE = u MISERY 10 L.t-
/ il Is mystery how those men IN boston.
/ who had never seen ne, whom KID" no'1-
| M OF, could Know about me. mace Hs
I few statements Is possible shout TIC matter
at the time OF my arrest. knew It would
/ not 90 NJ that time. and 50 SAID nothing.
/ When the time came iJT me 20 he acard l
made truthful statement cannot prove
my innocence now hut hope mat some time
! II WILL appear trust t-a. ja-tire WILL be
1 done. I am overwhelmed aad cvui1rn-ed
now, nat make my appeal 10 higher court
and know shall receive JusTice tHtsc- IL
makes 10 difference no" what tn1 world
may say. My character ha> heea iaken
| from me. anu my life, which belongs 20 me,
is TO be taken away, but You cannot take
away the feeling OF Innocence ! haze
waited long, and endured weary c0nhnc-
ment, trusting m nay Heavenly Father and
/ praying on LILY ksees that light might be
thrown upon this mystery.
As have s2i-, this = the first time, and
/ from what you tell me 1t is probably the
last. that shall have an opportunity 70
| speak io- myself. am innocent o! these
charges. though | do not claim 20 be per
feet model IN every respect. No human
being on earth, or beneath II, can call ne L
murderer. | have more that | would ike
/ = N.rt iara
more thing thas want to speak Of
| know not the character OF the men who SC
| lected and arrested ne, and made out the
case against me. know not whether they
meant any wron- 9r not, In any case |
| forgive them AL. II | have WrOnged
any | ask their forgiveness now. and II
| ,Eey are not Lerr 6, lis;su 20 rny yoice !
/ hope that U.f "1Tis vii. reach them
somehow. g'a ntHp. g. lay, and feel
/ that | caa commead .ly--I 10 the mer-
/ cy of God, y ho kuown- ny innocence. 1t
/ All T. be executed pay tina; may have
/ given ne strength ard power T. endure 20
| the end. II am executed | shah mount
/ the &c fold with the same feelings that I,
/ have expressed today. S,lie things that
have been Said about nae nave heeu true,
/ am sorry to say, but Others have beeh
( false iorgire ali. sni hope iuf yiory.
hereafter.
! " hen phair had finished y nat he had
| to say, Judge P.e'2oi.t again addressed
| him
John T. Phair. NHu laEe, alter careful
! consideration oi i"Ar case. been indicted
/ Tor murder BY the rand Jary OF this c0un-
ty. To this Indictment you have plead
" not guilty loa have been fully and
fairly tried by the court you were ably
defended ami Jury has said that you