St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1877-04-13

This is said to be the opinion of Chief
Justice Pierpont of the Supreme Court,
Gen. Grandey, of Vergennes, Judge
Wheeler of the United States Court and
Phair's counsel at his trial, Judge
Dunton and Col. Veazey, of Rutland
There is little prospect that the Gov
ernOr will extend the respite beyond
May A.
BOTH SIDES STATED.
The editor of the Rutland Globe
who was with Phair the time set for
his execution, and greatly sympathized
with him, says editorially:
Phair places great stress on the facts
and they are facts-that the fire was
discovered at about seven o'clock in
the morning, and was then confined to
the one room in which was the body of
the murdered woman that the house
was nearly IL mile from the Berwick
hotel or depot; that he left Rutland on
the 4:30 a. IN. train, and was in Bellows
Falls, some fifty miles distant, when
the alarm was given and argues there
from, with considerable force, that
these facts cannot be recOnciled on the
hypothesis of his guilt. But there are
other facts about which there is not the
least possible shadow of doubt, and
which even Phair does not attempt to
contradict or question.
The shawls, watch, rings, ETC., were
taken to Boston the same day, by one
who called himself sc. F. Smith," and
who registered his name at the Adams
House prior to six o'clock in the after
noon of that day, and who pawned the
woman's effects the next day. If "E.
F. Smith" was not John P. Phair, he
left Rutland on the same train with
Phair, was at Bellows Falls when the
fire was discovered, and arrived at BOs-
ton at the same hour as Phair-fOr
there was no train leaving Rutland,
June 9, 1874, by which person could
reach the Adams House, in Boston, at
the hour at which ''E. F. Smith" regis
tered except the very train on which
Phair left.
DOwning's statement which seems to
cOrroborate Phair, may be substantial
ly tue, and yet be entirely consistent
with Phair's guilt. Providence, we
think, is but little over an hours ride
from Boston. Phair admits that he
was in Boston June 9, from about two
o'clock till five o'clock, and again the
next day-June I0-from noon till five
O'Clock. Here then would be abundant
time for him if he was "E. F. Smith,
to dispose of the murdered woman's
goods. Upon the theory of guilt we
should look to see him ride to the Prov
idence depot with Conductor Stewart.
He would have reached the depot at
least two hours before the departure of
Il train, and after parting with Ste wart
what becomes of him He might have
gone to the Adams House and, subse-
quently, have taken a train to Provi-
dence returning with Mr.. Downing.
According to the pawnbroker's agree
ment the opera glasses, ETC., were
pawned at ten o'clock in the forenoon
of the tenth. Conceding the substan-
tIal accuracy of Downing's statement,
they might have returned to Boston at
an earlier hour than he places it, or the
pawnbrOker might be mistaken as to
the hour when the goods were received.
And then the question of identity
would come up again. Why should
Downing be any more trustworthy Oh
this point than the other witnesses |
We very much doubt whether Down
ing's testimony, if had on the trial, |
would have changed the verdict.
In one respect, however, Phair did |
not act as we should expect IL guilty |
man would. Ifhe returned from Prov |
idence as stated, would he not have
been very particular to let Downing
know who he was, impressed upon his
mind in some way the fact of their
being together and the day and hour
thereof, and have taken Dowhing's !
name for future use ? Would he not.
also, have pursued a similar course as
to Others2
There is, however, fatal defect in
his statement. He does not account,
Or attempt to account, for his wherea-
bouts from Saturday evening, June 6,
when according to his own statement
ne attended Barnum's circus with Mrs.
trleze, down to a short time before he
eft for Boston on the morning of Tues
lay, June 9. The fact, that on the
rial, he did not account for himself
+or this period weighed heavily against
lim and will, we fear, detract from the
Orce of his statement.
THE GOVERNORS REFUSAL oE AN