Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1877-05-11

dence, and returned on a train which
reached Boston not far from noon on that
day. He recollected sitting In the seat and
conversing with man who said he was a
machlnist from Rutland, VT, and had been
to Providence to seek employment Of the
American Screw Company, but had been
unsuccessful. Re membered the day be-
cause he that day opened an Office in Bos-
ton. His memorandum book, in which
was entered this trip 10 Providence, with
the date, also an entry on his cash book,
confirmed his recollection. He thought It
improbable that two men, both machinists
from Rutland should go to Providence on
the same day, on the same errand. He
communicated at once with Chief of Police
Savage, who advised him to telegraph to
Governor Fairbanks.
Up TO this point there was no privity be-
tween Downing and any other person. His
description of the man he met answered
well to Phair and would to many other
men. He claims to have identified him by
his photograph taken just after his arrest.
If Downing Is truthful, If he is not mistak
en-, 1t Is difficult to see how Phair could
have been in Boston at ten O'Clock on the
10Th of June, when the shawl and opera
glass were pawned. If he did not pawn
these articles he is not the Il. +. Smith reg
istered at the Adams House. Many cit-
zens of Brookteld, VT, Downing's former
residence, have Voluntarily endorsed him
as man to be believed. lie has been sub
jected to severe and critical cross.exam.
ination by the very able attorney who con-
Quoted the prosecution which resulted in
Phair's conviction. His testimony remains
mistaken.
One of the strong points against Phair
on trial was the fact that no clue could be
found TO the lodging house and restaurant
where he claimed to have stopped in Prov
idence. Recent and moro searching inves-
tgation has disclosed the fact that there ex-
listed at the time phair claims to have been
in Providence restaurant aud lodging
house such as Phair described when first
arrested, which were demolished very soon
after to give place to the new City Hall.
The aflidavits Of the keepers of these
places confirm incidents and descriptions
as given by Phair. This tends In some
measure to substantive Downing's testi-
mony. 1t now further appears that Phair
mentioned before his trial that he met and
conversed with man formerly from Yer
mont on his way from Prov idence to Bos-
ton, on June 10, 1874. This also is in con-
firmation of Downing. Some other evil
dence, apparently favorable to Phair, has
also been adduced, but it is impossible at
present to judge of its nature.
Whether this new evidence will stand
the test OF thorough judicial investiga
ton remains to be seen. If Downlng's
statement is true 1t seems inconsistent! with
the claim that Phair and T.. i. Smith are
the same person. Phair did not have the
benefit of tho evidence on his trial. 1t
seems to raise reasonable doubt as to his
guilt. One would not willingly deny the
condemned man the benefit of this doubt.
This is the view taken by Gov. Fairbanks,
and for this reason he has granted re-
prieve, that the courts, the only tribunal
where the matter can properly be determ-
ined, may finally dispose of it.