The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-04-09

hour with Phair-for there was no train |
leaving Rutland, June 0, 1874, by which a
person could reach the Adams house in
Boston at the hour at which ''E. f. Smith"
registered except the very train on which
Phair left.
Downing's statement, which seems to
corroborate Pbair, may be substantially
true, and yet be entirely consistent with
Phair's guilt. Providence, we think, is
but little over an hours ride from Bos-
ton. Phar admits that he was In Boston
June 0 from about two o'clock till five
o'clock, and again the next day
June 10-from noon until FIVE o'clock.
Here then would be abundant time
for him, If he was "E. +. Smith" to
di,pose of the murdered womans goods.
Upon the theory of guilt, we should look to
see him ride to tho Providence depot with
Conductor Stewart. He would have
reached the depot at least two hours before
the departure of train, and after parting
with Stewart what becomes of himS He
might have gonets the Adams house ano,
subsequently, have taken train to Provi-
dence returning with Mr.. Downing. Ac-
cording to the pawnbroker's agreement the
opera glasses, etc., were pawned at ten
o'clock in the forenoon of the tenth. Con-
ceding thessubstantial accuracy OF Down
ing's statement, they might have returned
to Boston at an earlier hour than he places
II. or the pawnbroker might be mistakpl as
to the hour when the goods were received.
And then the question of identjS would
come up again. Why should DOWNING be
any more Trustworthy on W point than
the other witnesses fe very much
doubt whether Dowp,G's testimony, if
had on the trial, word have changed the
verdict.
In one resps| however, Phair did not
act as we tould expect guilty man
would. lie returned from Providence as
stated vIld he not have been very partic-
MAR to ct Downing know who he was, i'm
nres-d upon his mind in some way the fact
of their beng together and the day and
our thereof, and have taken Downipg's
name for future use {? Would he not, also,
have pursued similar course as to others ?
Upon the hypothesis of his guilt, his whole
object in going to Providence must have
been in order to have the foundation for
proving an abb if necessary. His going
to the depot with Mr.. and Mrs. George w.
Stewart at least two hours before train
time, would look as if he was preparing for
such contingency, but his whole course
afterwards is almost inconsistent with this
idea.
Phair's statement is not entirely accu-
rate. Not to multiply instances there
are several of them-after referring 10
some of the witnesses against him, he says
"Still another Of the prosecutions wit
"nesses now languishes under four
"years sentence in this state prison" THAT
IL, at the Vermont state prison at Windsor
"for the crime of adultery" Whereas, in
fact, the witness referred to was q witness
on the part of Phair, not on the part of the
| state. = '''1a
There 10, moreover, fatal, defect in his
statement. He does not account, or at
tempt to account, for his whereabouts from
Saturday evening, June 6, when according
to his own statement he attended Barnums
circus with Mrs. Freeze, down to a short
time before he left for Boston on the morn
ing OF Tuesday, June 0. The fact that, on
the trial, he did not account for himself
for this period weighed heavily against him
and will, we fear, detract from the force of
his statement.
But Notwithstanding all this, we must
confess that Phair's h-e-ibp and demoanor
since his incarceration, hik published state
ment, our repeated conversations with
him, and the statement of Mr.. Downing
have raised lingering doubt in our mind
as to his guilt-but whether that doubt is
born of our sympathy or judgment we are
not prepared, this morning, to say. II the
governor has the constitutional power to
reprieve-and of this we shall speak here
after-we rejoice that he saw fit to exer-
else his clemency. 1t Is far better that
ninety and nine guilty persons should es-
caps than that one innocent man should
suffer, and so long as there is possibility
of doubt. John P. Phair should have the
benefit of it. We trust that time may prove
him innocent.