Weekly Trinity journal., 1877-05-26
CIRCUMSTANTIAL EVIDENCE.

criminal TO avail himself of any new
evidence in his favor, to repent OF his
misdceds, and to compensate, by his Ia
Dor, the State tor the expense 1t has in
Cured in cvnvictng him. The execu-
ton must take place not less than two
years after sentence has bcen pronounced.
Twenty months are to be spent in hard
labor, and the remaining four in solitary
confinement, that he may prepare for
death. The plan is doubtless intended
rs n compromise between the views OF
the friends and the opponents of capital
punishment, but it seems not only cruel
to keep the terrors of death before tho of
tenders for two years, but to be absurd to
hang him after the expiration OF so long
m imprisonment. There is seldom such
doubt of n convict's guilt that any great
delay need be required on that account,
and two months are as ample rs two
years could be tor religious instruction
and meditation. If tho murderer is unfit
to live, and such is the theory upon
which capital punishment is based, he
should be- executed a. speedily rs is con-
sistent with due regard for his spiritual
interests II there is any doubt of his
guilt his life should be spared until that
doubt is removed To keep man two
years with the gallows in prospect, and
at the same time work him rs any other
criminal, is neither humane or logical. II
he may be proftably and properly spared
two years, why not ten or twenty?
Yet this queer law has worked well in
one instance in preventing the execution
of possibly innocent man. John p
Phair would have been hanged last Fri
day, had not GOV. Fairbanks respitod
him the 4th OF May. Phair kept com,
pany with woman of bad character
named Frieze, living in the outskirts o
RutHud. On tho morning OF juno 9th,
1874, her house was discovered to be OF
fire, aud on her body being dragged from
the building it was found that her throa
had been cut. Phair's relations with hcl
had been notorious, and he was regarded
n worthless wretch. 1t was not strang,
therefore, that suspicion should be ex
cited against him, and that he should b,
arrested ON his return from Boston two
days after. Tho circumstances wer,
very strong against him. 1t was proved
that somebody on the day after tho mur
der had registered himself at the Adami
House in Boston rs II. f. Smith, Of st
Albans, Vermont, having in his posses
sion certain articles aitcrward identified
rs owned by Mrs. Frioze, which he pawn
ed. A shawl belonging to the woman
was left behind IN the room occupied by
Smith The prosecution assumed tn,
identity of Smith with Phair. They claim
ed to prove it by the testimony Of the
pawnbrokers, and by the resemblance o
the handwriting of Smith to that Of Tho
prisoner. The jury decided that tho
State had made out It's case, and Phail
was found guilty. Nobody though
otherwise until recently, though he con
stantly protested his innocence. We d,
not pretend that he has h,lly established
the tru.h Of his denial, but he has Ger
tainly mentioned facts, or what appear L
be such, that bear strongly enough in hi
favor to justify his rcprieva.
First, the fire at Mrs. Frioze's house
was discovered ht balf past six on Il sum
mer's morning, long after daylight. Al
the building was ilimsy wooden struc
? lure, the couhugralion could not have
been long ut work. Now at 1880 A. NJ
Phair claims to have started for Boston
leaving hi, own lodging house, II mill
distant from Mrs. Fueze's dwelling, a
3:4j. He alleges that his presence OF
the train was proved Mt tho trial by tn
testimony Of the conductor, baggagemas
ter md brakeman. This does not quit
establish an ulibi, for the fire might hav
been very slow in It's progress, but it ha
considerable weight. lIo gives goo
reason for undertaking the journey, viz
seeking work. On arriving at Boston il
the afternoon be rode across the city t.
the Providence depot, leaving for Provi
dence an hour after his reaching the stu
ton. lie says two Rutland people wer
in the hack in which he rode from depo
to depot in Boston. If they corroborat
his story it will seem likely that he roall
went 10 Providence, rs he declares, to oh
tain work AT the American Screw Com
pany and Coriss Engine works. sc
the story of his actually visiting Provi
dence needed support. He did not, b
says, ask the officials Of the above men
toned companies for work, but, bein
told by fellow members Of the Working
mems Union that they were dischargin
, hands, thought it was useless TO apply
2 lie staid that night at cheap lodgin
house, where he was not required to rec
istcr, and returned home next day.
If this really was 50, the property {
r Mrs. Frieze must have been pawned b
some other person, as the mysterou
Smith visited the Boston pawnbrokei
during the hours Phair claims to hav
spent in Providence. As we have sale
the pawnbrokers Unidentified Phair +
t Smith, but they had been shown Phair
portrait previous to being brought int
his presence. 1t is not strange, therefor
that they vert able to pick him out. III
recollection of faces is a power that di
ferent persons enjoy in very unequal d.
5 grees. A man who witnessed the la
prize fight in Kentucky was unable
Identify Joe Goss when he saw him
, New York, and previous belief in an il
!, dividual guilt may lead witness to
i, supposed recognition. Phair asserts al.