The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-10-31
THE PHAIR CONVICTION.
New Testimony to be Heard by the Legislature OF
Vermont

Montpelier w., Oct 23,-In April Of 1877 John
P, Phair was to have been hanged at Windsor for
the murder Of Annie b. Frieze. 1t having been
announced to the Governor on the day appointed
for the execution that Boston manufacturer cod
possibly substantiate Phairs claim Of an alibl the
sentence Of execution was postponed until fur.
ther examination could be had. Phair, II will be
remembered, was said to have stayed all night at
the house Of Mrs. Frieze on the night Of June 8,
1874 and to have killed her either that night or
early next morning, after which he was said to
have set FIRE to the house and TO have fed TO Bos
ton where at the Adams House he registered as
II. n. Smith, 81. Albans, w." The Boston inn.
keeper identified Phair as the person registering
as Smith, and several pawnbrokers identified him
as the person who, in the name OF E. r. Smith Of
st. Albans, w. had pledged Jewelry and articles
Of clothing that belonged 10 the murdered woman.
This testimony secured Phalr's conviction, and he
was sentenced TO be hanged on the 9th Of April,
1877. Several days before his execution was 10
have taken place the prisoner gave TO a Boston
Globe reporter a seven-Column story, showing how
It was impossible for him to have been the mur.
derer This statement was given with the stipu.
laton that 1t should not be In use until II was too
late 10 TO seem to have been written with an effort
TO do more than to clear his name after death. II
was accordingly agreed that the Globe should not
print the statement until the morning appointed
for the execution, and as Boston was too far from
Windsor for the papers OF the day TO get 10 that
place until after the execution those most nearly
interested In the matter would not see the protes
taton of innocence until Phair had been hanged
The story of Phair said that he went on on the 9th
of June to a circus with Mrs Friese, and, return
A.. l.. a
or more and went 10 his hotel This, he says was
the last time he saw the woman. The next day he
went to West Rutland, and there met friend Of
the murdered woman named Aurelia Brooks.
This woman said she would be In Brandon the
next day to go to the circus. He went 10 the cir
Gus to meet her, ard stayed until evening, though
he did not see the Brooks woman He returned
to Rutland by the midnight train and went at
once TO the Berwick House. There he packed up
some linen and started at 4:3O a. m. on prear
ranged trip to Providence, where he intended ap.
plying for work. Not obtaining work In PrOvi
dence, he went back TO Boston the next day and
on the train met man who said, II was formerly
from Vermont and now In Boston engaged In
making novelties" The maII also offered Phair
an agency for the sale Of novelties In Vermont
Phair declined the agency, and, returning to YER
mont, was arrested in Cuttingsville July TO- charg
ed with Mrs. Frleze's murder. The Globe printed
this statement in detail, and Mr.. Downing, who
read It, said that he believed that he was Phair's
fellow traveller from Providence, and telegraphed
with the result above noted.
The law Of Vermont is such that after an execu
ton has been ordered new trial cannot be grant
ed except by special act of the Legislature The
Governor called the attention Of the Legislature
TO the case and that body referred 1t TO the Joint
Committee on the Judiciary. Before that COM
mittee to-day appeared Colonel Veazey, Of coun.
sci for PhGir, and prayed for either a new trial,
Communication Of the sentence or a right to petition
the Supreme Court. The committee decided to go
into q regular hearing of the new testimony aud
appointed tomorrow at nine O'Clock for the be.
ginning. The committee requested Governor
Proctor to appoint counsel for the State This re-
hearing Of the case will be watched with even
more interest than the first trial. for two parties
have grown up and discussions as to the prison.
ems guilt or innocence are as prolific Of disagree
able features as were those abOminable ones about
the famous Tichborne case,