Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1879-04-18
John =. Phalr
HIS LAST STATEMENT HE REITERATEs HI- IN


In view OF my rapidly approaching death.
| deem 1t my duty to make the following
supplement TO my anticipated last state
ment in life, which was published in the
Boston Daily Globe on the morning of
April 9th, 1877. the day on which ! was to
have been executed Tor the murder of poor
dIsreputahle woman, whom God knows
have never harmed by either word or deed.
What has transpired since the publication
OF that statement-the truth of which have
lived to sec cOrrObOrated, almost in full, by
reputable witnesses-is well known to the
world.
Two years ago ! was compelled to
undergo the same painful ordeal through
which am now patiently passing, except
ing the last act IN the drama which was 10
rob me of my life My solemn protestatiOns
OF innocence had been given to the world
on the morning of the day fixed for my exc
cuti0n, and at noon all further hope of life
was dismissed from my mind. My friends
had also given ny all hope, and death SEEM
ed a. certain TO me al the appointed hour as
anything could be. But a. IL well known
to all just and merciful God had willed
otherwise, and at the last moment rescued
me from tie jaws of an unjust and ignomin-
iOus death by unearthing evidence which
was legally mine. and could have been pre-
sented TO the jury at the time of my trial if
| | had only had the means to use in looking
| it up. Gov. Fairbanks-GOd bless him for
his humane aet-reprieved me from the OH
day OF April. 1877, until the 18th day Of
| May, during which time an official lnvesti-
gatI"n disclosed sufficient evidence in my
behalf to warrant a second reprieye, which
was granted until April 4, 1879, in order
that my evidence, and that claimed by the
prosecution against me, might be reviewed
by the Leg isature of 1878. In October last
my claims were presented to that body Of
| law makers, by able, earnest counsel, and on
the petition OF more than 5000 people
praying that new trial might be grained
me. Pnair here recltes the proceedings OF
the Legislature in his case, with which our
| readers are familiar,
The court were most liberal in admitting
evidence ffered by my counsel on the APP
plcatiOn for new trial and. Is | am
informed. gave the application patient
| consideration. ! do not impu,e to any
member of the court determination, or
| even a desire, to wrong me. | have feared
| there may have been u PR JudIce against
me in the minds yl some members Of the
| bench, owing to my wrong doing IN my
| earlier life, and to the malicious publica-
tons of all manner Of false accusations
against me | feared, and now believe
these things operated against me, and rob
| bed me of the opportunity to secure such
result az | think, as a condemned man,
was entitled to f0rbear TO complain more
in this respect.
In praying the court to set aside the YER
dict reached by the jury On.my trial-which
was forced upon me under exceeding adverse
circumstances-and grant lie new trial.
| did not do - with a consciousness OF
guilt but as en- innocent man who felt that
he had, by the lsWs OF civilization. an IN
denable right to a trial by Jury on evidence
which he not only feels assured but thOus-
and4 upon thousands of Others believe,
would. to-day, gcqult and exOnerate HIM
before any unbiased court and jury in this
country | did net tEnk that in praying
for O fair chance to establish ny innocence
OF the vile crime with which ! am i)uily
branded, was asking too much OF my ma
tive State. did not think that the Com
monwealth of Vermont could be moved to
the bloOd-thirsty attitude she has taken
against one of her subjects BY the perjured
representations of scheming rewari-seekers
and sO-called detectives. As murder. by
false testimony. il the most aggravated
species of murder, II cannot be justified in
either htaven or earth. and that | am
helpless victim OF such Tod bears me wit
ness, and will ever hold nv prosecutors
strictly accountable 10 Him Tor the great
wrong they haze done me, and against
which, incsrcerated in prison as have
been, and afflicted With poverty, | have not
been able to successfully contsnd. Where
ever found q friend among journalists. Inc
bitterness OF my enemies led them to stig
Matte such as "B0ston Bohemians." be
cause they eOnscieDtIOusly questioned the
integrity Of the disreputable band of pawn
brokers. and the honesty OF the two schem-
ing reward hunters, the self-sppOinted,
sc-called detectives, who, with the purse of
the State at their command, vera able to
crush my hopes and ruin my chances Tor
an impartial trial, and my chances for
such relief from my fate a. | sought and
thousands believed me entitled to.
This l. the reason why could have no
new trial, but must harg in order 10 make
it appear to the world that it is Impossible
for Vermont jury to convict an innocent
man, and much more so for q poor, con-
demned man to have been by bitter prtiu-
dice deprived Of the benefit of tho reasons
bic doubt which the law gave him in his |
fearful situation. Ny extreme poverty was
well known to the court. The law only |,
allowed the State to award me $50 to make |
my defence, while nearly $4,000 was mos: |
Freely yielded to secure my conviction, and |
upon evidence most cruelty false. My |
claims were ably and faithfully presented by |
my counsel, who charitably gaze their ser |
vices ia any defence. The result Is tho false |
evidence has been hOnOred and | must sub
init to the forfeiture of my life
In Offering hiI opinion the Chief Justice |
laid great stress on the fact Ct my not taking
the witness stand and testifying in my own
behalf, which was no FAULT of mine, but an
error on the part of my counsel, who .or-
bid my doing as ] had intended The same
may also tie said with reference to the meet
ing OF Mr. Downing after nag reprieye.
was very anxious TO have hil come to Wind
ior at once and pick me out from among
other prisoners. But my counsel and SOME
Of the highest officials in the State advised
ne to not meet him other than in court,
est the prosecution shOdld make d strong
point agninst such meeting. lie further
aid that admitting ali that is claimed, the
question iOF the court to decide is not what
. jury might say Is 10 tho evidence before
Is, but what, in cur judgment, they ought
o say.
But | don't believe that any unbiased
ury in this country would render such
erdict on the evidence which was presented
o the court. The court was informed by
he prosecuting attorneys that il new trial
va nEhHteu mt never COull DC CODFlCleu. |
hey were right abOu. that, and had the
curt been interested enough to ask them
he reason why ! could not be convicted,
hey would have urged. as a last plea, their
inability to get the unsOund evidence which :
onvietei me repeated on second trial,
hich is true enough Ia denying my ap- !
LEGATION for new trial IN February, 1875,
be court rendered an opinion that If the
ewly discovered evidence which was pre- {
snted with my petition tad teen gIreIl 10 The
I,y on my trial. il would not, in the courts '
plnion, have changed tbs verdict. The {
lurt's opinion on the second anu last ap-
LEGATION was, that admitting all that Is !
aimed, the question for the court to de- !
dc was not what a Jury might say a to l
le evidence before them, but what in their ,
dgment they ought 10 say" [ would :
en- then by this that the court has right. n
'rhaps in cases of emergency only. 10 act =
both Judge and Jury. in tine very face of Y
law which guarantees to every person
'cused OF crime right to q fair and i'm p
.rtial trial by a jury composed of twelve o
en-. Now II this is correct, the question 0
ny mind IL whether or not have been b
gally denis! 3 new trial. These are my d
ews OF this painfully nysteri Ous affair, and II
bile bear the court no mailJo IN offering
EN-, | cannot help thinking that their dc {:
'ion has wronged me To me the feeling p
irresistible, that IN the court have found C
protector. | have irom the first be u
we'd, and now more than ever believe that d
Q sO-called detectives, Thornton and Il
Farms. have III their possession evidence
lich would 30 far toward proving my III
lOcence il not whoily c-onerste me before hi
0 courts and the world. Inc .2et that hi
~ suppressed important evidence in m5 t.
half relative t. my trip TO Providence. on III
trial. makes this belief lrresistiby dc
ong. The affidavit oi Stesrn-. which was le
scented to the Supreme Court at the re- u
It hearing of my petition and new eyi- 81
nee ut Rutlard. purpOrting to be an ad HI
sslOn made by me to him while under oil
est at Rutland. nearly FIVE years ago ar
Il was in Providence shortly after. or III
Iut the close Of the late war, was the ne
st bare-ia9ed perjury conceivable. and cl,
rly crowned ali his former perjury in the he
e. had never been in the city vi prOv co
zee previous to the afternoon OF evening.
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