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

1t is exceedingly difficult to judge calm
ly and dispassionately of the case of John
p. Phair. One who has from time to time,
since his conviction and while under SEN
tence of death, seen and conversed with
him ; listened to his asseveratlons of inno
cence heard his Observation-Disclosures
the same as that published on the morning
after the day appointed for his execution
witnessed his calm and resolute bearing
while looking death in the face seen how
he wavered not for even a second when he
was informed, Friday morning, that there
was no hope for interference from the gov
ernor, and that in six hours, at the farther
est, he must die an ignominious death was
with him when, apparently, only fifteen
minutes of life remained as, also, at the
time of his reprieve; one who has person
ally seen, heard and known all this can but
have the most intense sympathy for the
unfortunate man and be impressed with
grave doubts in regard to his guilt.
On the other hand is the opinion formed
at the time of his trial, and the investiga-
tons which preceded it, as to his guilt. He
had, confessedly, fair and impartial trial.
He was ably defended, and every fact and
circumstance was urged in his favor. How
ever much or little of prejudice there may
have been against him; however much ex-
element there may have been in Rutland
however much or little may have been the
preconceived opinion as to his guilt no
court or jury under heavens could do other
wise than find him guilty upon the testi-
mony as presented in court. The facts
may not have been as claimed witnesses
may have been honestly mistaken, or may
have been perjured; but yet with the testi-
mony uncontradicted as it was, and with
but feeble attempt at explanation, the YER
dict of any honest, fair minded, unpreju-
diced twelve men must have been one of
guilty. This feeling so formed may since
have degenerated into prejudice against
Phalr-we will concede that it has.
With these two opposing feelings strug-
Cling for the ascendency, it is difficult, if
not impossible, to judge impartially of
Phair's published statement or, perhaps, TO
weigh candidly the importance of the state
ment made by NJ. d. Downing of Boston
published elsewhere this morning-never-
theless, as fairly, candidly and impartially
as possible, we propose to briefly review
one or two important points of both.
Phair places great stress on the facts
ard they,are facts-that the fire was d..
covered at about seven o'clock in the
morning, and was then confined to the one
room in which was the body OF the muir
dered woman; that the house was nearly a
mile from the Berwick hotel or depot that
he left Rutland on the 4.80 a. m. train,
and was in Bellows Falls, some fifty miles
distant, when the alarm was given and
sIgues thereffom, with considerable force,
these facts cannot be Ieconciled on
hypothesis of his guilt. But there are
facts about which there is not the
possible shadow of doubt, and which
gn Phair does not attempt to contradict
~ question.
The shawls, watch, rings, etc., were tax
en- to Boston the same day by one who
called himself "E. +. Smith," and who
registered his name at the Adams house
prior tosix o'clock in the afternoon of that
day, and who pawned the woman's effects
the next day. Now this ''E. +. Smith,"
whoever he was, must have been guilty,
either as principal or accessory, in the muir
der of Mrs. Freeze, in the robbery and ar
son-unless, which Is hardly within the
bounds of possibility, these three crimes
were committed by different persons. 1t
must be conceded that the possession OF
these effects would be almost proof posi-
tive of guilt. That ''E. +. tSmith," who
ever he was, was the murderer no one does
or can doubt, and even Phair comedies IT,.
II "E. f. Smith" was not John p. Phair, he
left Rutland On the same train with Phsir,
was at Bellows Falls when the fire was dIs-
covered, and arrived at Boston at the same