Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-05-04

There are 50 many facts that can DO pro-
zen, tt n ling to show Phair guilty, il guilty
1t all, only as accessory, that Al woE do for
IsrMon' 10 haHg him 1Hhi this mditer as
Sjfcd 10 tile bpttom. Steps must be taken to
fxaminc all these new witnesses Thoroughly. |
They must be gathered together. and they
can lie, all OF them, unless We except Sar-
gent, tho photographer, who disappeared |
from Rutland on the morning OF the murder |
and Aurelia Brooks. Sargent is in China. |
Aurelia Brooks, we apprehend, thanks to |
the inoiiiciency of the officers of the law in |
Rutland, may be little difficult to find.
but can probably be traced out II she IS
3rgnied She was, last week, in a house OF
Ill fame in Albany, but where she may be
now Is uncertain. Just after Phair's re
prievc, she met an acquaintance in the
street and hes0uCht him not to tell where
she was, because, she said. she was wanted
Tor murder case up in Vermont With
in the next three weeks she changed her
place of abode three times. going from one
house of ill fame to another, and leaving
each place suddenly and without giving any
reason. She has lost flesh, grown pale and
haggard. does not go out OF the house at
all and has chronic dread OF detectives.
She TiH bear Investigating and should be
found al once and arrested. Dora Wilson
(now marred) is in Mlddlebury. The 9th
cr witnesses are in yergennes. Rutland.
Boston and Providence, and should be
brought to the stand IS soon as feasible.
We trus: that Governor Fairbanks will ex-
tend phair's reprieye. put tins case IN able
and yigilant hands. and see that 1t Is slited
10 the bottom The States Attorney of
Rutland County is of no account, and it is
desirable that counsel cntir ly outside OF
that county be entrusted wit the case.
From tho Rutland Il }.
So much has appeared in newspapers
of late, relative TO ii. +. : cent and the
Phair case that We have tai the trouble
10 ascertain what we can from his iather-lI-
law. who resides here, and give herewith
the results OF an interview. X. Ii. clark, a
respectable inhabitant Of Mt. Holly. whose
daughter was the wife of Sargent. says that
the facts are these: Sargent left Rutland
the day on which the house OF Mrs. Ffieze
was burned, and went to Granville or
Poultney to see Il man by the name of
Pritchard, with whom he talked OF becom-
ing a partner in the photograph business
that he returned to Rutland either the same
day OF in the night: that next day he came
on the mail train to East Wallingford,
where he left the train and proceeded on
foot to Mr. Cark's residence; that he re
manned there till the next Monday. when he
went to Lowell, Mass. and engaged IN his
business there that since then he has trav-
eleu in various states OF the Union. and Is
now within half days ride of Rutland {;
that he ma never been IN New Brunswick
or China that he hears from him at least
once a month, and has heard from him by
mali within fortnight, and that he Is
ready at any time ID prove himself innocent
Of the crime of murder. lie says that the
story Of the bloody clothes Is myth, the
facts being that Sargent gave him about
month before the murder some old clothes
a. was his custom, and among them was a
white linen coat stained red and reddish
brown by acids and other chemicals; that
the coat was washed by his wife, though the
STAINS have never been washed out.
From the New York Tribune
Why does not Mr.. Downing 20 to the Yer
mont State prison and asceI lln whether the
| convicted murderer is the man whom he
met on the ears bet geen Boston and PrOyi-
| den.c ON June 10, 1874? This is peril
nent question and the Boston GiOJc does not
answer 1t satisfactorily. 1t explains that
pEalr wore moustache and goatee when
he met Mr.. Downing, and now Is clean
shaver and very short haired, 50 that 1t
will he difficult for the casual acquaintance
of three years ago to identify him positive
Is. Well, he can 90 to the Jail and look at
the man and give the public the benefit oil
his impressions. The evidence which Phalr $
friends have collected in Prov iderce is it,
genIOus, but 1t will not save him from the
gallows without positive testimony from
Mr.. Downing proving an abb. Ut that
gentleman could identify photograph as a
picture of the man whom he met on the
cars, he certtinly ought to be able to rccos-
nize the man himself.
81. J0hnsbury despatch to the Boston Globe.
The Vermont statutes expressly deny the
tight TO grant new trial or to apply Tor It
alter the expiration OF two years from the
close of the term in which judgment was
rendered. This limitation in the Phalr case
expired last September so that. without a
change in the law, no action can be taken
by the courts even If the new evidence were
considered material. The Governor has the
righ,-and he will PROFESSIONALLY exercise
IT on tins OccaSiOI-tO call on the Supreme
Court for the purpose Of deciding any points
Ul law hat may arise, in the performance
of his duty as Chief Executive. Should the
Court decide that the evidence is material
the Governor will then reprieye Phalr until
an act will be passed allowing a new trial.
or the sentence will be COMMITTED. The
latter course is not probable, as so much
doubt hangs about the case that no Legis-
lature would take the responsibility of such
proceeding, and the former would IN
doubtedly he adopted The pardOning
power in Vermont is somewhat clrcum-
scribed. TIE Governor has the right to
pardon only alter the next succeeding ses-
sion OF the Legislature, from the time OF
sentence. In case of murder or sentence of
death for murder, the Legislature can com-
mute the sentence and the Governor has
then the power OF giving absolute pardon.
II the Governor declines to interfere. Phair 5
frieuds Will then apply to the Supreme
Court for habeaS corpus on constitutional
grounds, viz. that under the bill Of rights
the Governor is forbidden to interfere with
the execution OF the laws, and that the
Governor having reprieved Phair beyond
the day fixed by the Court for his execution,
it Is such an interference that will render
further proceedings against him for the
murder of Mrs. Frieze illegal, and he must
be discharged
From the Boston Daily Globe OF May IT,
Monday afternoon man came into the
GiObe Office and proclaimed himself TO be
Sargent, the travelling photographer, W hose
name has been 50 prominently mentioned
together width the murder of Mrs. Freze.
He denied an SOksdO every allegation, aver
mcnt or charge that has ever been made
against him in connection with the muT-
der lie says that he never knew Phar
or Mrs frioze, or Aurelia Brooks, or Mrs.
DAVIS, and that the first time he ever saw
the place where Mrs. FrilGe resided was
when he rushed with the crowd at the
alarm of fire on the morning OF June .,
1874. lie, further explaining. says that
he never had any bloody clothes washed
not even bloody handkerchief; that he
never borrowed yallse to put muddy
stockings in, or Tor any other purpose
what ,Oevcr; that be board d at the Berwick
house, and paid his board on the morning
Of the murder. that be lett Rutland on the
afternoon 81 the murder. and since then has
not been out Of the country, and that he
never associated with such people a. Phalr
and Mrs Fritzc Phair's chances will not
be materially lcssen,d by the appearance of
Strnent. ~ very little reliance was placed
upon the theory that he committed the
murder. and while every other point in the
case has been fortified with alildayitS, this
Sargent story remains practically unyorch-
ed for
Firm tie Rutland Globe, 2'l
II. f. Sargent arrived in town yesterday
from Boston. lie stated that be had come
back for the purpose OF denying various
stories about HIM. lie proposes to make
statement and says he can show his where
abouts on tho night OF the murder. lie also
says that ON Monday he visited the Office OF
the Boston Go6e and had an interview with
them, and that they offered II keep him
at any hotel in Boston until after the i:h
of ilay and give HIM 4 free pass
to Rui and Il hr would stay. II
this Is true II would seem that the
GAlif has other business outside the strict
aims of journalism Sargent Is looking
well. certainly not Is It he had been carry
ing the rull,y conscience at Il murderer
around wlIh lIT :u! almost three years.
Ittosu lie Eust,nltsi.I
The Dartmouth College Senior. Who have
pelitipnod Governor Fairbanks Tor further
rcprioyc 1T THAR, >ay that they have fully
Investigated the matter. We should have
expected the Suphomuros rather than Seniors