Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1877-05-09
The Case OF John p. Phair.

Governor Fairbanks has again reprieved phair
this time extending the respite until the first Fri
day in April, 1879. This evinces Willingness on
the part Of the Governor To rive tho man a chance
TO prove that he II innocent Public opinion ON
the matter is just now pretty well divided and
the Governor has taken the wsest and safest
course in the matter.
Governor Fairbanks action, in granting sec.
ord reprieve to Phair, is'explained substantially
as follows; The purpose is to grant Phair an on.
portunty TO make application to the Supreme
Court for new trial on the ground Of newly dis
covered evidence. Under the statute the time
within which petition for new trial on this ground
can be brought is limited to two years from the rem
dition OF the original judgment which expired in
Phair's case in February last Relief in this d.
rectlon can, therefore, only be afforded him by
special legislation extending the time The next
legislature does not convene until the first We'd
nesday OF October, A. D., 1875 hence the necessity
u granting so long reprieye. petition for a
new trial In Phair's case II brought in Rutland
county, could not be brought until the session of
the Supreme Court in that county for the wear
1873, which begins January goth Phair's case,
ts now presented seems to come clearly within
that class of cases in which executive interference
is not only justified, but is demanded It il not
necessary that Phair's innocence shall be estab-
lished; 1t Is sufficient II a reasonable doubt be
raised as to his guilt This is the test to be ap-
piled by the Supreme Court in granting or deny
Jug the application for new trial The newly
discovered evidence is such, If it can stand the
-crutiny of judicial investigation as to raise such
doubt The Governor reviews, at considerable
length some of the leading points established by
the prosecution at the trial in 1874, and which
clearly proved Phairs guilt The statement of
Marshall d. Downing, of Boston, who claims TO
have met Phair the Providence train, is re-
ferred to. If Downing is truthful, II he is not
mistaken, it is difficult to see how Phair could
nave 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 Z. f. Smith registered at the Adams
House Many citizens of Brookfeld, Vt, Down
ing's former residence, have voluntarily endorsed
him as man to be believed lie has been sub
ject to severe and critical crUss-examination by
the very able attorney who conducted the pros
ecuton which resulted in phair's conviction His
| testimony remains mistaken. One of the strong
points against Phar on trial was the fact that no
clue could be found to the lodging house and res
taurant where he claimed to have stopped in Prov
idence. Recent and more searching investigation
has disclosed the fact that there existed at the
time Phair claims to have been in Providence a
restaurant and lodging house such as rhair de-
| scribed when first arrested which were demol-
| tshed very soon after to give place to the new
City Hall The affidavits of the keepers Of these
places confirm incidents and descriptions as given
| by Phair. This tends in some measure to sub
| stantiate Downng's testimony. 1t now further
appears that Phar mentioned before his trial that
| he met and conversed with man formerly from
Vermont on his way from Providence to Boston,
on June 10th, 1874 This also is in confirmation
of Downing Some other evidence 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
a thorough judicial investigation remains to be
seen If Downing's statement is true it seems
| inconsistent with the claim that Phair and f. F.
| Smith are the same person Phair did not have
the benefit of the evidence ON his trial 1t seem,
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
| Governor Fairbanks, and for this reason he has
granted a reprieve, that the courts the only tri-
bunal where the matter can properly be deter
mined may finally dispose Of it