The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-04-28
Editorial Poultney Journal
The Case Considered.

This case has produced a remarkable
sensation in this state, and out of the state.
Phair was tried in the September term of
the Rutland county court in 1874, found
guilty of murder and sentenced to be hung.
The 9th of April, 1877, was the time fixed
for his execution. A man by the name of
Downing, residing in Boston, happened, so
ne says, to see the intelligence in the news
papers that John p. Phair was about TO be
hung at Windsor, when 1t occurred to him
that he saw Phair, as he supposes. on beard
a train from Providence to Boston on the
10th of June, 1874; tue murder of Mrs.
Freeze, as will be remembered, was CON-
mitted at Rutland June oh of that year.
Downing telegraphed to Gov. Fairbanks,
and the governor postponed the execution
until the 4th Of May, the order reaching
Windsor only 25 minutes prior to the hour
appointed for his execution. These facts
were OF that nature to produce a sem
sation. Here was an opportunity for those
who love the marvellous, and their name is
legion. From a mere shadow, and u faint
one at that, they came TO the conclusion
that an innocent man had m~iracuously es-
capped hanging. The newspapers saw their
opportunity, embraced it, and lavishly
dealt out the sensational, until everybody
Oub VI TIC blulc, cttultu W Dtli6NC lut man
Phair innocent. Phair made a statement
which was published on the very morning
set for his execution, in which he alleged
his innocence, and this seems to be relied
on as conclusive, for, say they, q con-
demned man, if guilty will yield at last aud
confess his guilt. But they ought to know
that many a guilty man has as strongly as
serted his innocence on the scaffold.
Phair's mast record ia very had He waa
born in Vergennes, and ''from boyhood
has been the terror of the city, Three
times he attempted bodily harm to as many
different persons, who barely escaped with
their lives. Once he planned a robbery
which failed Of success by the sagacity of
him on whom it was planned and all of
these attempts at crime were made before
he was eighteen years old. AT eighteen he
was arrested for stealing leather, tried,
convicted and sentenced to state prison six
years. He remained in prison five years,
when he was pardoned and came out.
This was in 1871. After that time he
lived a dissolute life, and to those who
know his history the wonder Is that he
went from 1871 TO 1874 without finding
himself in the hands of the officers of the
law. Now we might seriously inquire how
much weight can we give to this mans as
sertions of Innocence as against q claim of
circun stances made up of the testimony of
a large number of witnesses, whose credi-
bihty is undoubted
Is a mar who has lived such q life as
Phair has to be believed as against these
numerous Witnesses? We say not. The
evidence was circumstautial, as we well
know, but If true, Phair is a guilty man
that is certain.
The governor has been doing Just what
he ought to MISUNDERSTANDING the matter
pertaining to this Boston mans story, and
we hope if he gets possession of any facts
that will render any essential point in the
case doubtful, that he will duly consider
1t and dispose Of the case, 80 far as he may
do,ln a just manner We are not complain
ing of the governor. When a mans life is
at stake, the utmost caution and prudence
should be exercised. What we are COM
planning of is this morbid fensibility, and
this love of the marvellous, which look
after the vagaries and shams instead of
substance. All this sensational stir
among the people will not be likely
to effect the fate of Phair one
way or the other, but its effect upon
society is demoralizing it encourages just
such efforts as Phair aud his friends are
making TO evade Justice.