The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1879-04-18
John z. Phair's Last Statement.

Phair's last statement, which was
given by him into the hands of Hon.
G. B. Eddy, one of his counsel, and I'M
doubtedly altered and amended by his
journalistic friends, was published in
the Boston Journal last Monday. We
give it in full:
In view of my rapidly approaching
death, l deem it my duty to make the
following supplement to my anticipated
last statement in life, which was pub
lished in the Boston Daily Globe on the
morning of April G, 1877, the day OH
which l was to have been executed for
the murder of a poor disreputable wo-
man, whom God knows | have never
harmed by either word or deed. What
has transpired since the publication oil
that statement-the truth of which |
have lived to see corroborated, almost
in full, by reputable witnesses-is well
known to the world.
1t is not my purpose or wish at this
late hour to enter into any unnecessary
repetition of what | have already made
public, but to confine my mind TO sinh.
sequent events and the thoughts of i'm
mortality. Two years ago | was com
PEELED to undergo the same painful
ordeal through which ! am now pa
tiently passing, excepting the last act
in the drama which was to rob me of
my life. My solemn protestations of
innocence had been given to the world
on the morning of the day fixed for INV
execution, and at moor all further hope
of life was dismissed from my mind.
My friends had also gwen up all hope.
and death seemed as certain 10 me nj
the appointed hour as anything could
be. But as is well known TO ali. n inst
and merci!ul God had willed otherwise.
and at the last moment rescued me
from the jaws of an unjust and ipno.
minious death by unearthing evidence
which was legally mine. and conld have
been presented to the jury at the time
of my trial if | had only had the means
to use in looking it up. Gov. Fair
banks-God bless him for his humane
act-reprieved me from the 9th day of
April, 1877. until the 4th day of NAV,
during which time an official investiga-
ton disclosed sufficient evidence i'm nv
behalf to warrant a second reprieye.
which was granted until April 4, 1873
i'll order that my evidence, and that
claimed by the prosecution against me,
might be reviewed by the Legislature
of 1873. In October last nv claims
were presented to that body of law
makers, by able, earnest counsel and
on the petition of more than $1,000 peo.
pie praying that a new trial might be
granted me. The assembly at first
seemed to feel the Importance and Just.
ness OF my claims, but still staggered
under the thought OF establishing q
precedent by granting me q new triaI
outright, whether innocent or guilty.
The whole matter was finally referred
to a joint committee of the judiciary
who very fairly consented to hear al
evidence for and against me and then
decide upon what measures of rcliet
should be granted. TO this the counsel
Tor the State strongly objected, and de.
MED the committees right to hear evi.
dence and pass upon my claims. Gov
Stewart appeared as ole of the ceunseI
for the State, and remarked that "the
matter might as well be submitted TO 8
town meeting for Investigations" and
that my counsel should go to the Su.
preme Court with the case" Judge
Poland then remarked that there was
n law in existence allowing nv conn.
sci such a right" "Well, them" sale
Mr.. Stewart, "let a law giving them
such a right be passed." To this IN,
leading counsel, Col. Veazey, objected
by saying that "Phair ought not to be-
compelled to go before the Supreme
Court again" My counsel then will,
drew for a short consultation, during
which they resolved to accept the "gen.
eral law" as proposed by Gov. Stew.
art; and acting on the intimation of the
counsel for he State, that the passage
OF such a law would not be opposed by
them, they again appeared before The
judiciary committee, who granted me @
reserved right to a full and impartial
hearing before them in case the ''gen-
eral law" should fail i'm its passage,
The committee then framed and favor.
ably reported a bill calculated to cover
all exigencies of the case, which was
introduced in the Senate, and passed
without a dissenting vote. In the
House the bill met with some difficulty,
by way of certain proposed amend.
ments which were agreed to, and the
bill finally passed and became a law.
Ihis law gives any person under sem
tence of death a right to petition the
Supreme Court for a new trial at any
time before execution on the ground OF
newly discovered evidence, by first OBJ
tanning permission of any two Judges of
the Supreme Court-before whom the
petitioner must present a prima facie
case-to file snch petition. On the 18th
day of January, 1879, my counseI pre-
sented my petition and evidence 10
Judges Royce and Redfeld, who decid-
ed that | had made out a primo facie
case, n forthwith granted me leave
to petition the same court, and the same
members of said court, excepting one
who had denied my former application
for a new trial. This court heard nv
petition and evidence, together with the
so-called states evidence against me. nj
Rutland, on the Sd day of last Febru-
airy.
The court were most liberal In admit
ting evidence submitted by my counsel.
and as ] am Informed, gave the applica-
ton a patient consideration. / do not
impute to any member Of the court a
determination, or even q desire. To
wrong me. l have feared that there
may have been a prejudice against me
In the minds of some members of the
bench, owing to my wrong-doing in my
earlier life, and to the malicious publi-
cation of all manner of false accusa-
tons against me. | feared, and now
believe these things operated against
me, and robbed me of the opportunity
to secure such a result as i think, as a
condemned man, j was entitled to. III
forbear to complain more in this re-
spect.
In praying the court TO set aside the
verdict reached by the jury on my trial
was forced upon me under ex-
ceedingly adverse circumstances-and
grant me a new trial, l did not 90 80
with a consciousness of guilt, but as an