Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1879-04-11
JOHN p. PHAIR'S CASE.
IIe H. ReprtcVed for six Days by GOV.
Proctor, hut two judges Of the SUI
preuie Court Deny Petition for ~
New Trial. and the Criminal will he
IImng Ihia. ThmrahaN, AflermOOn.

NNP - NAeNFteNGN Tor RtM bays Nv nov
Proctor, but two judges Of the SUI
prenie Court Deny Petition for ~
NeW Trial, and the Criminal will be
Hung this. Thursday, Afternoon.
John p. Phar, who was to have been exc
cuted at the Windsor prison last Friday, was
rcprievcd by Gov Proctor on Thursday even
ing for six days. The circumstances which
led to this repreve are, in brief as follows
1t will be remembered that when, two years
ago, Phair was reprieved by Gov Fairbanks,
it was because one Marshal p. Downing Of
Boston had. at the last moment, been discov-
cred by the Boston Globe, who averred that
he had seen phair on train between Boston
and Providence at n time when it had been
sworn at his trial that he was pawning the e.
fects of his victim, Mrs. Fiieze, in Boston
Last Wednesday this man Downing visited
the Windsor prison and positively identified
Phair as the man whom he had seen on the
train at the time named On the strength Of
this new evidence a hearing was held be
fore Gov. Proctor Thursday evening for a
stay of proceedings, to enable the matter to
be heard before two judges Of the supreme
Court under the law Of 1873. Phair was rep
resented 10y his counsel, and the State by
States Attorney Lawrence The ailidayits
made 10y Phair and Downing at the prison ON
Wednesday in regard to the identification
were read, and few questions were then ask
ed Downing, who said he went to Windsor Of
his own free will and without the offer of any
inducements. There was no trick and no con-
spirocy. If there was any failure to go into
Phair's presence and identify him earlier he
Downing was to blame He had evidence
which the condemned man ought to get the
benefit of. He had been honest in the mat
ter and made every statement according to
his best Judgment and memory. Arguments
by counsel followed, and after due delibera-
ton Gov. Proctor gave a reprieyc for six
days. The following is the full text of his
reasons for granting it:
The application for reprieve for John p
Phair rests upon the affidavit of NJ. ID. Down
ing, who yesterday visited Phair in prison
and makes oath that he is the man he saw on
the train from Providence, June TO- 1874
His statement is positive to that effect While
the fact that Downing has neither of his own
motion nor by the procurement Of Phair' Is
friends and counsel sought an earlier inter
view with him, is not without suspicion, still
it is claimed that the condemned man is not
responsible for this | cannot in the few
hours before the time appointed for the eN-
ecution examine and weigh to my satisfaction
all the evidence on the question of identity
Judge Pierpont in giving the opinion of the
Supreme Court in February last, says Il quote
from the printed report which l understand
to be substantially correct:
The testimony most relied on and which
has done the most to bring the case here is
that of Downing. 1t seems to us that it is
important that he should be able to testify to
something that would be of use to Phair be-
fore We should grant a new trial on the testi-
mony. He has not sworn that Phair was the
man he saw on the cars, and we see no rea-
son to suppose he would swear to that as a
fact"
This seems to imply that if he h0d sworn
that Phair was the man he saw on the cars it
might be of use to Phar. He now does swear
positively on this point. In this view of the
case think it my duty to give his counsel
opportunity to apply to two judges, under
the act of 1878. That act is, in my view, a
wise one, and was designed to remove the
consideration of questions like this from the
executive to the jud.ciary-a better tribunal
for their consideration The judges are near
ly or quite all of them familiar with the evi-
dence in this case, and have considered it
with reference to Downing's testimony, and
can judge whether this new phase of it ought
to modify their former opinion.
A reprieve is granted for six days, till
Thursday, April 10th.
This turn of affairs occasioned much sur
prise, and no one was more astonished than
Phair, but he exhibited no emotion, when the
news was received he simply laid aside some
writing, smilngly remarking that there was
no need of hurrying now.
The hearing in the case, for which the re-
prieve was granted, began Mt St. Johnsbury
on Tuesday evening before Judges Ross and
Powers. Phair's petition was first read, set
ting forth that he went from Boston to Prov
idcnce on the morning Of June TO- 1874; that
he had a conversation on the train with Mar
shal u. Downing: that Downing on the "a of
April, 1879, visited the state prison at Wind
sor and identified the prisoner as the man
with whom he converscd: that he can show
that he was il Providence on the morning Of
June 10. 1874. and not in Boston and that
several witnesses for the State committed per
jury. Phar's counsel then proceeded to show
what was claimed to be the new evidence up
on which the application was based, present
ing the atiidavits Of various persons in sup
port Of Phair's statement that he was not in
the neighhorhood of Mrs. Frieze's house
when the murder was committed. The hear
ing was then adjourned until Wednesday.
The hearing was resumed on Wednesday
morning and ended in refusal of the petit
ton for a new tral-the judges basing their
denial on the ground that the evidence of the
defense did not prove a sufficient alibi to
overcome the positive circumstances connect
ing Phair with TIE murder Phair was con-
siderably overcome when the news reached
him, and he said, That settles it." 1t is
said to have been the case that when Down
ing identified" Phair last week he had to be
introduced to him when the two met in the
prisoners cell
Phar will be hung to-day, Thursday, at .
p. NJ.