St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1877-05-04

He had been quite intimate With MIS-.
Frieze for some little time prior to the
murder-drove with her to Castleton
on the Thursday and took her to a cir
Gus on the Saturday Immediately pre-
ceding her murder, was seen going from
the direction of her house and with
in 60 rods of it toward the village on
Sunday morning at o'clock. On trial
was unable satisfactorily to account for
himself from Sunday night prior to the
of the morning when the house was
burned. But on motion for new trial
he did show himself at Brandon on
Monday attending a circus and to have
returned to Rutland on the midnight
train. There was evidence tending to
show that his bed at the Berwick House
was not occupied on Saturday or Sun
day or Monday night. Four witnesses
from Boston were produced who with
as the man whom they saw in Boston,
who pawmed and sold the articles for
merly belonging to Mrs. Frieze. Three
of these were pawn-brokers.
The clerk of the Adams House testi-
fies that he looked like the man who
registered his name E. F. Smith-that
he thought he was the man, but would
not swear positively, had described his
dress before seeing him at Rutland,
which correspOnded with the dress worn
by Phair that day; also his general APP
pearance which applied well to Phair.
After Phair's arrest he was requested to
write his name, also E. F. Smith st. AL
bans, Vt. He did so. These signatures
were put in evidence together with the
Adams House Register, and the pawn
contract and the testimony of experts
was that beyond doubt they we've all
written by the same hand.
On the evening of June 10th he pur-
chased a ticket from Boston to Yer
gennes, his former home at Fitchburgh
was shown 10y an acquaintance, Il paper
containing an account of the murder and
conyersed with him concerning it some
little time. The same person testities
to seeing small roll of bank bill in his
him fifty cents to get Il lunch,-which
Phair took from wallet. At Cuttings
vile when arrested, no wallet was found
on his person and no money save $500
which was in his vest pocket-he then
said he had not heard Of the murder
afterwards when questioned admitted
that he had seen the account in the pa
per, but had forgotten it.
Phair said he had been to Providence
to get work. 1t was shown that he had
told several persons that he was going
elSewhere-that he wanted lighter
work and by one witness that he in
tended to get work in Il screw factory
also that when he reached Boston lie
went directly across the city to the
Providence depot. He has always stat
L
there. when on his way to the screw
factory, met men whom he recognized
as working men and inquired of them,
but was told that the corporation were
discharging some of their employees,
was discouraged and turned back till
he came to lodging house where he
lodged, and took his meals at res
taurant near by. Detectives working
for the reward offered, went to Provi-
dence having il description of localities
and men there by Phair, but testified that
they could find no such places or men.
One of Phaii's counsel was also there for
IL few hours for the same purpose but was
unable to find such places as Phair de
scribed. There were other circum-
stances more or less material shown
which were damaging to Phair Among
others he stated that he paid 1925 for
ticket from Boston to Providence-the
fare was $l.35.
This was the strong case presented
10y the prosecution, in rebuttal of which
the defense had little to offer and the
jury with little delay found verdict of
guilty. Under the evidence no other
conclusion could have been reached
The trial was in September 1874. The
case went to the Supreme Court on
exceptions and ii motion for new trial
was filed on the ground of newly dis
covered evidence. The Court sustain
! Il Of hn 4
the new evidence though somewhat
favorable to the respondent, was held
to be consistent with his guilt and a
new trial denied.
Thus the matter stood when the APP
| plicatiOn for Il reprieve was denied.
Phair's published statement came I'M
der the eye of one Marshall ID. Down
ing of Boston about three or four hours
prior to the hour appointed for his ex-
ecutiOn. Downing was attracted by
Phair's statement that he was unable to
prove the fact of his going to PrOvi-
dence on the 9th and returning on the
10th of June A. d. 1874. Downing
recOllected that he went from Boston
to Providence on an early morning
train and returned on train which
reached Boston not far from noon on
that day. He recolected of sitting
i'll the seat and cOnversing with IA man
who said he was a machinist from Rut-
land, VT, and had been to Providence
to seek employment of American Screw
Co., but had been unsuccessful Re
memhered the day because he that day
opened an office in Boston. His mem
Orandum book, in which was entered
this trip to Providence, with the date,
also an entry on his cash book, con-
| tirmel his recnlpctinn He thnnnht II