The New York herald., 1878-10-21
A TRUTH STRANGER THAN FICTION
Condemned and Reprieved at the
Foot of the Scafold.
VALUE OF A NEWSPAPER PUBLICATION.
The Innocent Man That Ver-
mont Did Not Hang.


exhibited in tho Of John P. Phair. Writers Of
fiction havo wsaried their powers Of invention IN
contests with the improbable ana have succeeded IN
producing situations perhaps as dramatic, out yet SO
clearly stamped with the marks Of fiction that NO ono
could be deceived. Here, however, is vsrisabie
case, every insident Of which is dramatic IN me
highest degree, and yet natural and entirely consis-
tent with the truth. man had been convicted OF
murder; his exceptions had been overrusd; his mo-
tions tor trial denied; he had been SO long un-
der sentence death that the statute Of limitations
had worked against him, and even the court
had lost It's Jurisdiction; his last appeal
for Executive clemency had been heard ana refused,
the dawning OF the fatal day OF execution brought
him not ray OF hope. 1t did not seem possible
that there could be any nerccssion that would save
him The dull and sombre thud OF the hammer 10
the construction OF the gaows had ceased. Tho very
momout had arrived tor tho solemnities OF the last
hour to begin and the condemned man, arrAyed Tor
the grave = shirt and perhaps the best suit
hc ever IN hts lie, awaited with set Muscles the
approach OF the exccutloner. The hangman came,
miraculousiy to Tho vict brought life instead
Of DEATH AS this case is so soon TO engage the at-
tenton OF the Legislature OF ofVormont-the State In
which tho execution was TO occur--a brcf review OF
the circumstances Of the MURDER tho trial, the re-
prieve and the evidence which caused the new
lease Of lie will be full Of interest.
HISTORY OF The CRIME.
The crime for which Phair was sentenced wns the
murder of Mira. Anna Frecse, OF Rutland, VT, .
woman OF questionable standing and rcputed to bs
the proprictress OF house OF ill-tame. Tho murder
Or supposed murder occurred the night OF tie Sth
or morning OF the 9tn OF June, 1874. Her house,
situated the outskirts oi the village was discov-
cred 10 be In flames, about hafpast SIX O'Clock, on
tho morning OF the 9th, and it great part de-
slroyeL In she runs Of the dwelling were discov-
erod the charred remains OF tho body OF woman,
supposed 10 be that Of Mrs. Freess, and there
were across the throat and the bosom
what appeared to be gashss made by =
dagger or some other sharp Instrument The
sv,dsnce against Phair that ne lett Rutland a.
haii.past four o'clock the morning OF June o. and
direct Boston, where no arrived cary IN the
aftsrnoon. Al about i've o'clock on thar afternoon
man registered ut the Adams House, Boston, under
kho name OF "E, f. smith, ST. Aibans, VI, I" and alter
his departure The hext day ptccc OF shawl was
found In the room thai no had occupied, and this
shawl was TO have been the property OF Mrs,
Rrsess. Various articles or jewelry also found
1t three different pawlbroker shops In the city, and
these articles were identified Nc the property Of
Ara grecsc. #ls
sss4 ARREST AND TRIAL.
After Phair's arrest he asked TO write for the
prosecution "E y. smith, 81 Albans, w., !" and. al
though his counse warned him that II no had written
that namo over before. it could ps clearly proved,
hs wrote tho desired words without hest
tatlon. A. the triai several experts iesti-
fed that Phair had written the name on the Adams
House register ana also OF the pawn tickets
The Jew pawnbroIors also identified MIN as tho man
who pawned tho jewsry OF Mrs Freese. II was also
shown tnat Phxr had been ultimate with Mrs. Freose
that he failed to salts factorily account for his time
from night Of tho Tin OF June un nalipast three
o'clock tho morning Of tho murder, and also from
the time he arrived Boston until his departure and
that contradictory storias al The time oi mis-
arrost PnaiI claimed that he had been to Providence
10 gst work IRON tho Coriss Engine Company, and
that no had stopped at lodging house whore thsrc
no register. In support Of his story was proven
that tor Two three weeks prior 10 the murder he
bad expressed an intention TO 60 to Providence IN
quest OF work. and two witnesses who knew hlm es-
aud that they saw him get out at the Providsnce
depot This was tho most material part OF the ev-
about three hours verdic. OF guityu was rendered.
UNDER sESTEACE
The usual efforts were mudo TO procure new trial.
bu, I'll Without avail ana nothing Of special import
In this until tho time appointed
tor execution. IL had become known 10 newspaper
correspondents that Pha,r had written iu sia.s-
msnt oi his case aud OF the facts that no WAS unable
90 prove which statement he desired 10 DO puosned
suriy after his DEATH ana nnaliy this document was
procured by u Representative of the boston GLOBE
upon the conaon thai II should be published on the
noruIng following the execution As u was ascer-
tainod other newspapers hal probably procured
abstract Of this statement aud would publish . ON
Friduy evening successful effort made " obtain
lhs consent Phair 10 the pubication OF The state
nenl In the Globe FRIDAY morning. and the state
nleHt was accordingly pu1lishod on that day, AMI q
aaini ing bulletin announced IL to tho world.
xKw EVIDENCE.
This bulicin frozc ins young blood Of very small
boy who walked the streets on that morning and no
Pushod 10 the ofhce Of his employer MI ~ Down
ing No. SO school street anu nior nsu hin that
CLIQUE says Vermont going 10 hang iunocont man
to-day" Ar Downing, who was native oil vermont,
Immediately sent Tor copy OF The psper aud sat down
~ cnlu urutd tna fp Poi
business tnnt the rain aud tue hard times had sis
him. Mhen nc came TO the description Of tue trip 70
provtdsnco ID spell -oound In hts chair Hc |
oleary remembered that ao0u. the time mentioned
by .har he had been 10 Provideuce aud on the re-
Rutland aad had 10 Providence 10 got WORK from
tAs Corliss Engine Company. He Immediately 10 |
fcrrod to MS memorandum book anJ found that this
was the rsry day on wn,cn Phar said ne returhed
from Providsnce and also by the same train. IL oe-
tLal there should have been another mau on this
Same train meeting the description Of Phair; out
ubsi should no dor rhe VINE 'or me eaesam1n ..e,n
or not at all He rushsd down 70 the GLOBE |
ONCE and ms story was no. a. mrs. Listened . wh
Agsr Of that paper, wno accompanied him 70 t.o
onico OF the Chief Of Police for advco A picture
OF PhaH was shown Mr.. Downing, who Said tnat II |
pesembied the man whom ne mad seen. IL was now |
past twelve O'Clock. II was decided to telegraph |
hovernor Fairbanks, aud accorainey tue Two men
rushed psll nell down State street 20 teleer.ph
pnos. After tslographns 70 every Office ~ Vermont
the Governor was finally ound In the telegraph ofco
Al II Johnsbury. A telegram was immsdiatey sent |
toths shsrn al Windsor, and Pnalr was turned back
ward from the scanod when At It's very foot
~ THE RHPREvk
The first reprisve was TOR wsegs, to enable the
oevvrnor to investigate the evidence. This was
cousidsred oil sufficient Importance 10 justify fur
thSr reprieve OF nearly two years. THIS long repneve
was necessary because, by very peculiar law, the
Court only has Jurisdiction over criminal Tor Two
yea-s alter final Judgment. This hmo had already
Elapsed and therefore tho Court could NOT CONSIDER
me new evidence. The Legislature would not meet
again until October 1Ss and that branch OF the gov
srnment could aone give the Court jurisuictoi rue
bearing before the Legislature " to begin GU the I'D
Inst, and s Understood tDat some very strong tss-
timony will be presented IN Pnairs behalf n adaiton
70 the testimony OF Mr. Downing. Tho oppo-
nsnts Of Phair say, "wny was not this
now evidence discovered before the traIf' but
this question Is susceptible OF an easy answer Phar
vas poor man, and the State only granted him so
10 doeDd his lie, not so large sum as ~ expended
Tor the suit Of clothes IN wncn he was to be hanged.
ll4ulI