The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-11

the full bench thnt the petition be- not allowed
we 10 not ieel ns though we were passing SON
tence, mt simply as passing on new evidence"
Judge Powers concurred In the opinions OF his
colleague. and said: 9" We 20 upon the ground
that there is 2 lack OF proof required under the
has beon little practice under II. The act OF
1878 was passed for wise purposes, not 10 open
the u doors Tor persons under sentence on frv-
AT the last session Of the Legislature. when
the bl to revise the statutes 80 MS to admit the
granting OF new trial was pending petitions
Tor such action wcre received from nearly every
state & IN & The Union. beNring in the aggregate
wns ww beaded by the namo OF John Greenlsaf
.So John r Phsr hair was I,, son Of Edward Phslr,
Z years old PG"ir the WnSn %qrderer re Was WAS
was the wife Of Josbua Mills Nudge who be.
was heraided as The opera '' singer singer who who
had turned to the great work OF saving souls"
Nudge subsequently fell from grace. sent his
wife home to her parents. passed as \
single mar, was divorced, and was aiterwnrd re-
married. Many stories OF Phairs misdeeds are
Horny Thompson kept n restaurant in Main
street Nergenncs, when Phair was living there.
Thompson's place Of business. saw him count
his money IA he took II from the till. put II
IN his pocket. and set out tnr his house,
to pass by factory in which Phair worked
and, as he was passing. a two. inch plank some
twelve feet long. was shot out OF an upper story.
barely missing Thompson. and penetrating the
ground to the depth OF a foot or more. Three
S,t 10 sr roS apS T%s sGS Su ON M mar oI
yicted. The day following the attempt on
Thompson's life Phair came into the coal ONCE
aud loitcred about while customers were pay
ing money to Mr.. Hail.. He was ordered away.
passed through an old railroad Bridge in order
TO make the route shorter. and when he was
bnSyy sone fe rom nS and ~ s,rnek SpHn i On
the, shoulder. He was stunned by the blow.
and when he recovered he saw John p; Phair
sliding down one OF the beams, with \ Ratchet
in his hand. Hall confronted him. and asked
why he threw the stone on him, whereupon
phair TUNED and disappeared in the darkness.
charging him with an attempt 70 XIII and
murder on the night Of jan. H.. 1852; also with
steal from the said Hall" He was indicted.
but he again escaped punishment One day.
Phair sent 20 the cashier OF the Nergennes
Bank letter purporting to be- written
by Mrs. Samuel Strong. whose husband had
been President OF the bank. asking him to
bring TO her house. that evening, which was
across the river and hall mile from the bank.
avnluahie p9ck9se q bonds. Phair aid in
midnight. and was watched all this time from
! window by n woman who was suffering from
ward Phair was convicted Of stealing hides
| from the tannery OF c. ID. keoler. and was sent
70 prison for six years short time before
securing his pardon, so as 10 preserve his rights
| n a citizen. he addressed n letter 10 G. W.
| Grandey. an influential lawyer on the subject Of
securing his pardon. This letter shows that he
was an adept in the use Of language long before
| he prepared his famous statement. In this let
| ter he SAYS that. while writing his cheeks
| burn with shame and sorrow at the thought
| OF asking you II you will lend so depraved a
| creature as inc helping hand. in this the dark
| est hour OF my young life" He desires the re-
| ciptent to " be assured that from this moment |
| will forever quit those evil. debauched paths in
| which too long. unfortunately. strayed. aud by
| endeavor 10 regain their esteem"-that is the
| esteem OF the people among whom he had lived.
| While in prison he read the Bible much and
| prayed frequently md after his pardon he
| joined church in lElizahethtown, y. Y The
| phrases above quoted show something OF skill
| in the use OF terms. which enabled him to write
| in his famous statement: And to Almighty
| God. the maker OF heaven and earth. who
| knoweth the secrets OF all hearts. do now most
| solemnly appeal in this the hour Of my extrsm-
| ity. to hear me and boar witness to the truth
| that am innocent OF the crime OF which stand
| convicted; aud es I am innocent or guilty so
| may He deal with my soul In the day of ludg-
| ment and eternity
| Here is an instance of Phair's extraordinary
| nerve: Fifteen minutes before the time fixed
for his execution. after his first trial the Sherifi
| recollected that no request had been received
by his friends regarding tho disposal Of the
| body man who was present attempted 10
write des patch 10 Phair's mother but he was
| so unnerved that he could not write phair
! coolly took the pencil and with a steady hand
| wrote the drspat n 10 his mother. asking what
should be done with his body.