Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-10-04
PRISON SYSTEM AND CRIMINAL LAWS.

|
1t is sad commentary upon our prison
| system, that under it the rule has been, once i
| criminal always Il criminal, and that the con-
| Wet thereby has been confirmed in his Grimm
| al tendencies rather than the reverse.
| Nv more intimate connection with and OBJ
| serya alton of its administration during the two
| wears now closing, has but strengthened and
| confirmed the views | expressed in my form
| er message, and impressed upon me the con-
yiction that the further carrying out of the
humane and reformaiory measures already 50
happily begun, will result in good both To the
inmates Of the prison and 10 the Stale at
large.
In this age, when the deaf and dumb are
taught 10 converse freely, the blind To read and
write. aud when the faint glimmerins intellect
of the Predetermined ami idiotic is developed
and strengthened into fair intelligence, il
would seem thai sovereign State. with all its
resources. might be able 10 turn back from vice
and restore 10 virtue. youth, many of whom
have been brought TO the commission OF crime
more by evil associates and untOward circum-
stances, than BY innate criminal disposition.
To this end. ought not our criminal laws 10
have Il most careful revision: Ought not the
state 10 own our county jails, making them
simply houses Of detention for the safe custody
of prisoners awaiting examination or trial:
Ought not the State Prison accommodations
10 he enlarged, making it possible for. the con-
Nicts 10 be classified and more thoroughly dis
ciplined and reformed:
RETRIEVE oE JOHN Il. PHAIE.
ON the day appointed for the execution of
John L. Phair. April 9th, 49,, and only an
hour or two before the execution was to take
place, Il telegram was receive from VI. {. Down
ing of Boston, sent by advice OF The Chief of Po-
lice. saving that he thought he saw and converse
with Mr.. Phair on the train coming from Proyi-
dence to Boston on the next day following the
murder of Mrs. FricZe; and also telegram
ri. Nl.fp nff l.sR
GiObe, vouching that Mr.. Downing was II IT,
ilbe man.
Phair LETT Rutland by the early train on the
morning of the murder, and went 10 Boston.
AT the trial, and in = statement which he hal
caused 10 be published, he claimed that he
did not stop in Boston, but went directly
through 10 Providence, stopped over night and
returned To Boston the next forenoon.
The strong evidence ON the trial against him
showed that he. under the name of II. r.
Smith, occupied room that night at the
Adams House in Bo>ton,in which. after he left,
was ioand part of shawl, which was idcnti-
lied as hIyin. belonged 10 the murdered wo-
man. and that under the same name the next
morning he pawned in one place watch and
in another an opera glass and some rings, |
which were also identified sS having belonged |
10 her. lie could not have done this il he went |
10 Providence and returned ~ he claimed. and |
~ MIR. Downing's testimony tended TO show. |
There was no time for inv estigation. deemed |
it INV duty TO STAY the execution of the sentence |
for short time, and did 80 until the iih day of
MAY following.
The matter was of so much Importance not |
only To Bhar but to the state that thought an |
Investigation should be- had by those acquainted |
with the facts and circumstances attending
the murder and trial. and accordingly request
ed T.. j Ormsbcc, ESD. the States Attorney |
under whom the conviction was had, and W.
q. Nca>cy, ESD, one ut fhairS attorneys at
the trial. To proceed to Boston and Providence
and take such evidence rs they might find
bearing upon this claim. This testimony, to-
gcther with additional evidence. l. herewith
Petitions were presented for
further rcpricvc. signed by many leading and
highly respectable citizens of the state. Many
letters were also received from well known and
prominent professional and business men, urS
ing the rcpricyc. felt il To he my duty Ia
grant the request. A further stay Of the cx-
ccution of the sentence was ordered
until the first Friday of April, \. D., 1879. |
think that the question presented 10y this evil
,lcncc is for Judicial investigation and deter
Ii Phair i guilty he should suffer
the penalty. lfnot guilty he should he set at
liberty.
When the question arose, the time limited
,y the statutes for the presentation ola petition
Tor new trial had elapsed. Until quite re-
emily, the time in which such petitions must
De- brought did not clapsc before the execution
If the sentence in such eases. Ky AN extern
ion of the time which must intervene in capt | ,
al cases between the sentence and execution
Indrr the present law, there IL now time
hOrtly before the execution in which per-
on under sentence of death, Whatever the de-
clopmcntS has moi the right to bring petit
ion for new trial, This condition of the ,
aw has probably been orca>oncd madverient-
y 10y the change from the annual To- the bien- /
lial Sy>trm. thuk this is II defect IN the law. ,
" hon life i the penalty, the state cunnot at !
ord To make mistake. ! therefore thought il .
nv duty To STAY the execution until such time ,
: the Legislature would have m opportunity ,