Vermont farmer. [volume] (Newport, Orleans County, Vt.) 1870-1877, 1877-05-04
The Phalr Case.

On Wednesday last Governor Fairbanks
granted second rcprieve to Phair, extend
ing until the FIRST Friday in April, 1879
The purpose Of this reprieve is to give the
prisoner a chance to apply to the supreme
court for a new trial on the ground of newly
discovered evidence. Under tho present stat
ute the time within which such a petition
can be brought is limited to two years from
the rendering Of the original judgment, which
in Phair's case expired in February last, SO
that a special act Of the legislature extend.
ing the timo is necessary to bring any rellet
in this direction. and, as the legislature does
not convene until October, it was necessary
to grant this long reprlove in order to meet
the unusual exigences of the case.
The facts in regard to the case which have
been developed within the last few weeks
are important enough to raise question as
to whether Phair may not be entirely inno-
cent of the crime charged upon him, and they
certainly show that there are other parties
upon whom Suspicion might rest, whose cases
have never been legally investigated. The
fact that there is such doubt as to his guilt
renders the matter ono in which executive
interference is justified and demanded.
Even if Phair be really guilty aud shall
be so proven upon new trial, it will DO no
discredit to the state that on opportunity has
been granted to petition for such new trial,
when there is evidence so strong in favor Of
his innocence that many prominent jurists Of
the state, among them members Of the jury
that convicted him, aud judges of the county
court where his case was tried, were induced
to petition the governor for an extension OIL
the reprieve. We cite below some of the
facts tending to establish Phair's innocence
which have been brought to light within the
the past four weeks by those investigating
the matter and there are many other impor.
tant ones which we cannot give in detail;
l. The declaration Of Mr.. Downing Of
Boston, which caused the first reprieve, and
the particulars Of which we're published ia
the issue of the FARMER for April Is, was
the FIRST point developed. Phair mentioned
before his trial that he had had conversatio
on the train between Providence and Boston
with gentleman from Vermont, and this
corroborates the statemeHt Of Mr.. Downing.
| 2. Phair's description Of the lodging house
where he claimed to have stopped in Provi-
dence, relative to lis structure, general ap.
pearance, sign, etc., and the amount paid by
him for the room he occupied. have all beer
attested and the main points sworn to by re-
liable witnesses. At the time Of his trial il
could not be ascertained that any such lodg-
ing house as he described existed in Provi
denco, but the recent investi cations have dis
closed the fact that such a house did exist
at the time of his arrest, but was demolished
soon after to give room for the new city hall
3. The state 10 the trial endeavored tC
show that Phair was the only person upoT
whom any suspicion rested, while subsequen
developments prove that there are other per
} sons upon whom so strong suspicion rests as
to demand an investigation before proceed
ing to hang man of whose guilt there is
chance for doubt.
4. Of the facts of the statements made b.
, Phair, and published at the time of gran;
ing the first reprieve, none hare been proUel
false, while several points of vital importanc
! have been proven true upon the sworn test
! mony of reliable witnesses.
The news Of the reprieve has met wit
general approval in the different parts Of tn
' state, especially in those sections where til
case is best known. Many Of the frmest b.
/ levers in Phair's guilt admit that there is
! doubt and that he ought to have the bene6
> oft. Whether the new evidence can |
substantiatcd by thorough Judicial investi
cation remains to be seen.