The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1879-02-21

be praised.' he exclaimed, and fainied.
The repTieve and the circumstances
connected with il attracted much attcn-
ton IN Vermont. Petitions both for and
against the hanging of Phalr were circu
lated and largely signed, and in accord
ance with the advice of Il member of the
supreme court and two of Vermont's
most eminent lawyers, the reprieve was
extended for two years that there might
be an investi CATION made by the present
Legislature. Legislative action was nee
essary, because the highest court of the
state had passed upon the case, and ac-
cording to the laws OF Vermont, the Gov
ernOr had no authority to order a new
trial or commute the sentence.
In the meantime every effort has been
made to discover evidence to corTohorate
Phair's statement. The affidavit of Mar
ST all d. Downing was procured. 1t sub
stantiated the story told by Phair of their
meeting on the train between Provi-
dence and Boston on June 10; set forth
the manner of deponent's discovery that
the person he met was TO be hanged, and
that his testimony was unsolicited.
Downing was corroborated by Col. Chas
II. Taylor, the manager, and Edwin L
Bacon, the editor, of the Boston Globe
and by NJ. G. Perry, Phair's LAWYER
Alexander Stone, the keeper of a lodging
house in Providence, II. l., where Phair
asserted, in his statement, ne had SLEPT
on the night of June g, testified to mat
ters that agreed precisely with what
Phair had said, even 10 the presence o: 4.
black dog with Il leather collar that PhaiY
had described Thomas Haaily, tin
head waiter and clerk in restaurant in
Providence, r. l., testified TO the same
circumstances related by Phair in his
statement, abiding to Il torn .J0-ccht
scrip that he disliked to take in payment
| for breakfast, but which he finally ac'
cepted, giving back 10 cents iii change
Other persons made affidavits TO the
presence of Phair in places where he had
| asserted that he was on June and in the
early hours of June 8.
These aIfidavits were submitted, as the
law OF Vermont directs, TO two justices
OF the supreme court and they decided
that they were sufficient to warrant the
hearing before full bench, to determine
whether or not there should be new
trial. The hearing was begun here on
Monday, February Sd, and the affidavits
procured were presented. The court,
through Chief Justice PierrepOnt, rend-
cred its decision on "Wednesday. 1t
sets forth that after the fact is ascertain
ed who 1t was pawned the property OF
Ann FrieZe in Boston on June 10, il
would be settled who committed the
murder. This fact is substantiated 10y
more than one witness, all of whom
positively identify Phair as that man
Phair could have departed from Rutland
on the O'Clock train on the morning OF
June, 8 and still be guilty of the muir
der. There is nothing to show that ht
did not sleep in Boston. His descrip
ton of his visit to Providence is not zorro
borated by anyone who has any recollec-
ton of him at the time he claims to have
made the visit. One of the most con
spicuOus objects in the locality where he
says he remained over night is soldiers
monument This was not there sOor
after the war, when Phair had sister
living there. His description of local
ity, emitting the monument, shows thai
hr AIS describing it as it was when he
was there SEARS before. Downing had
not sworn that Phair was the man hC
had seen on the cars; he was only able Il
give unsatisfactory recollections. The
conclusion arrived at was that no evi
dence creating a reasonable doubt O
Pharir's guilt had been found, and thai
a new trial could not be granted. Phail
will be hanged on April 1.