St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1878-10-11

In the 1872. u commitments, b pardOnS.
In the year 1873 % commitmen 8, pardons.
In the year 1s74-------35 commitments, pardon.
In the year 1875 so commitments, pardons.
In the year 1876. -35 commitments, pardon.
In the year 1877. 81 commitments, pardons.
In the year 1873 SO commitments, 7pardons.
Should not the Executive be required
by law to communicate to the Legisla-
ture at each regular session, all cases of
reprieve or pardon granted, with its
reasons for granting the same?
PRISON SYSTEM AND CRIMINAL LAWS.
1t is a sad commentary upon our pris-
on system, that under it the rule has
been, once a criminal always criminal,
and that the convict thereby has been
confirmed in his criminal tendencies
rather than the reverse.
My more intimate connection with
and observation of it's administration
during the two years now closing has
but strengthened and confirmed the
views l expressed in my former mes
sage, and impressed upon me the con-
viction that the further carrying out of
the humane and reformatOry measures
already so happily begun, will result in
good both to the inmates of the prison
and to the state at large.
In this age, when the deaf and dumb
are taught to converse freely, the blind
to read and write, and when the faint
glimmering intellect of the feeble mind
ed and idiotic is developed and strength
ened into fair intelligence, it would
seem that a sovereign state with all it's
resources, might be able to turn back
from vice and restore to virtue, youth,
many of whom have been brought to
the commission of crime more by evil
associates and untOward circumstances,
than by innate criminal disposition.
To this end ought not our criminal laws
to have most careful revisionP Ought
not the state to own our county jails,
making them simply houses of deten-
tion for the custody of prisoners await
ing examination or trial ? Ought not
the State Prison accommodations to be
enlarged, making it possible for the
cOnvicts to be classified and more thor
oughly disciplined and reformed
REPRIEvE OF JOHN P. PHAIR.
On the day appointed for the execu-
tion of John p. Phair, April 6, 1877, and
only an hour or two before the execu-
tion was to take place, telegram was
received from M. c. Downing of Boston
sent by advice of the chief of police,
saying that he thought he saw and con-
versed with Mr.. Phair on the train COM
ing from Providence to Boston on the
next day following the murder of Mrs.
FrieZe; and also a telegram from
Charles II. Taylor, manager of the
Boston Globe, vOuching that Mr..
| Downing was a reliable man.
Phair left Rutland by the early train
on the morning of the murder, and
went to Boston. At the trial, and in a
statement which he had caused to be
published, he claimed that he did not
stop in Boston, but went directly
through to Providence, stopped over
night and returned to Boston the next
forenoon.
The strong evidence of the trial
against him showed that he, under the
name of "E. F. Smith," occupied room
that night at the Adams House in Bos
ton, in which, after he left, was found
part of shawl, which was identified
as having belonged to the murdered
woman, and that under the same name
the next morning he pawned i'm one
place watch and in another an opera
glass and some rings, which were also
identified as having belonged to her.
He could not have done this if he went
to Providence and returned as he claim
ed, and as Mr.. DOwning's testimony
tended to show. There was no time
for investigation. l deemed it my duty
to stay the execution of the sentence
for short time, and did so until the
fourth day of May following.
The matter was of so much impor-
tance, not only to Phair, but to the
state, that 1 thought an investigation
should be had by those acquainted with
the facts and circumstances attending
the murder and trial, and accordingly
requested E. j. Ormsbee, ESQ.,, the
States Attorney under whom the con-
viction was had, and w. G.. Veazey
Esq, one of Phair's attorneys at the
trial, to proceed to Boston and Provi-
dence and take such evidence as they
might find bearing upon this claim
Ihls testimony, together with addition
al evidence, is herewith transmitted
Petitions were presented for further
reprleve, signed by many leading and
mighty respectable citizens of the state
Many letters were also received from
well known and prominent professional
and business men, urging the reprieve
felt it to be my duty to grant the re-
quest. A further stay of the execution
OF the sentence was ordered until the
first Friday of April, A. D. 1879.
think that the question presented b,
this evidence is for judicial investiga
ton and determination. If Phair il
guilty he should suffer the penalty. 1
not guilty he should be set at liberty.
: When the question arose, the tim,
} limited by the statute for the presenta
ton of a petition for a new trial ha,
elapsed. Until quite recently, the tim,
ID winch such petitions must be brough
did not elapse before the execution O