Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1879-04-11
A CELEBRATED CASE.
John P, Phair's Last Reprieve
NOTES AND INCIDENTS.
How he Received the News.
MOST REMARKABLE NERVE.

Sitting in his lonely cell i'll Windsor Phi
son. with the full expectation of dying upon
the gallows on the morrow, John p. Phair
was writing his dying Statements pos
thumous appeal, as it were, to the judg-
ment of mankind-whcn the iron door
swung open and Sheriff Stmson entered.
After tho usual sslutations, the sheriff
asked, what are you doing. John p
Writing my dying statement" was the
response. "Well." said the sheriff. " You
needn't hurry finishing it tonight"
"Why?"
because Two got short reprieve-six
dsys-for you."
SIS that so? Well, guess won't write
any more tonight
And pushing away the papers he entered
into more detailed conversation with the
MAJ who was to have hung him in few
hours. Phair exhibited no emotion what
ever, either of surprise or joy or curiosity I;
anu MS Il ludt 81 WhS shiA as
emily as if it had been in response to some
remark about the weather. Either he is a
man of tremendous nerve, or, crucihed so
long between hope and fear, he has be-
come utterly Indifferent to his fate.
THE CONSULTATIONS OF RELIGION
At Phar's request the Rev. George S.
Pratt, pastor of the Baptist church at St.
Adams, had been sent for, and spent part
OF the day wI-h the unfortunate man. ad-
ministering the last Offices of religion.
THE REPORTERS
were out in full force, and tho reprieve
was, we fear. a sad blow for them. Super
intendent Rice refused to allow any one to
see Phair and absolutely declined to answer
any questions whatever. This knights OF
the Quill were consequently on the ragged
edge to the superlative degree and LETT for
home on the midnight train very much
down at the mouth.
tbs PROCEEDINGS BEFORE The GOVERNOR
THE AFFIDAVIT OF DOWNING AND ARGU-
MENrs CT COUNSEL
The application for STAY of proceedings
in the case of John P. Phair, who was TO
have been hung Friday. was based On the
Identification, in Windsor prison, on Wed
ne>day, by Mr. Downing, of Boston, OF
Phair a. the man whom Downing met on
the train between Providence and Boston.
on June 10th, 1874. Afiiavits were made
Wednesday by Phair and Downing. Phar's
affidavit was made up OF his answers to
Downing's questions regarding the scene
and CONVERSATIONS OF FIVE years ago. Down
irg's affidavit states that ne identified Phair
from personal appearance and his answers
to questions. lie was confident he could
recogniz, Phair in a crowd OF fifty persons
if be wore the same clothing as in ISL.
Downing said he went to Windsor OF his
own free will and without the offer OF any
inducements Fur the failure to go to zee
Phair and identify him earlier, Downing
said he was to blame. lie had now evi-
dence which tho condemned man ought to
get the benefit OF, and he did not thlak he
could be mistaken We condense from the
Rutland Herald the following report OF the
hearing before the Governor. Thursday
Phair was represented BY Messrs Veazey,
Nicholson and Barrett, of Rutland, and the
State by States Attorney Lawrence, OF
Rutland. and tx States Attorney Ormsbee,
of Brandon. Mr.. Nicholson reviewed the
circumstances of tho murder, the trial, the
nd fha OH pnnppftp1
with Phair's alleged visit to Providence.
lie thought there was a painful doubt in
the case, and he wished the Governor to
take that doubt into consideration. by
combination of circumstances they had
failed to have Mr.. Downing identify Phair
until now. The convict was menaced with
judicial murder lie was now secure and
there was no danger that justice would be
cheated in the end if stay was granted;
Mr. Lawrepco failtu TO see where MI.
Nicholson raised any new question.
Appeals to the sympathies OF the Governor
were well enough, but the Governor was
not there for that purpose; he was there as
Judge or court representing the people
and to see that the laws are executed. Why
did not Downing identify Phair dur
ing the past two years. and not
have the matter brought up at the
last moment in this dramatic manner.
lie denounced it as a professional trick.
They DONE show that any effort was made
by them to get Downing to see Phalr before
the trial before the Supreme Court. The
laws of the State should not be trlhed with
in that way The jury found him guilty,
and this WAS not a court OF appeal to review
their action.
Mr.. Ormsbee thought that in these days
when crime il running riot all over the land
counsel should not be appealing to the sym
pathles OF the executive, but should allow
Justice to be done John Phair's lie was
valuable, 80 we're the lives of the citizens OF
Vermont and they would not long bear the
trihIng with our laws and the execution OF
Justice. John Y. Phair was ably defended.
lie could not have been more so II he had
millions at his command. Every particle OF
evidence with one exception furnished now,
was furnished ON the trial. lie complained OF
this trifiing, in not before bringing Down
in2 face to face with Phair. and said if the
testimony was honest and real, 1t was
objectionable in those who represented
Phair that they did not get it before. Alter
alluding to the improbabllity OF Downlng's
positive Identification alter the lapse OF hive
wears he said it looked as though the
proper time for the meeting of tho two men,
TO have its desired fleet, had not arrived
till now. Even allo wing all they claimed.
if the Executive is satisfied that the
evidence would not have changed the yer
diet. then they have no ground TO stand on.
At the hearing before the Supreme Court, |
everything offered was received but not |
uithstanding this. with Downing and |
Phair'+ statements before them, the court |
said Phsir did not go TO Providence There |
was nothing derOgatOry to Downing IN thi-;
nearly three years had elapsed before his
attention had been called to the matter.
Colonel Wesley made the closing argu-
ment Alter making statement a. 10 MS /
Connection with the case. be said their the
Org now was that thoy bad newly discovered |
Evidence which, if put with other evidence,
would raise reasonable doubt in tho minds |
Of Jury. and he asked for months re-
spite IN order to bring this evidence before |
two Supreme Court Judges. II ths court |
failed to grant = new trial this was proper |
cas-. for Communication by the legislature, a.
there was doubt on the minds Of 30 many |
good pcOple. lie could not answer the q nes- |
ton a. to why Downing was not taken TO ste |
Phair before. His own connection with the |
case had 10 a measure ceased and Others OF |
Phair's counsel thought # Downing should |
go there it would not probably help the |
case. a. IN Ter the changed circumstances he |
might fail to identify Phsir. lie (Neszly |
was satisfied that Phalr went to Providence, |
and IT he did 1t was perfect allbi.
II Downing was not sent to SEQ Phair IT |
was not Phair's fault he asked Tor it and |
should he suffer for the failure 2
The case was LETT with the Governor and |
alter due elaboration he gave reprievo Tor
SIX days.
TUE GOVERNORS DECISION.
The application for a reprievo for John
p. Phalr rests upon the affidavit of NJ. d
Downing, who yesterday visited Phar in
prison, and makes oath that he ~ the
man he saw on the train from Providence,
June 10. 1874. His statement Is
positive to that effect. While the
fact that Downing has neither Of his own
motion nor by the procurement Of
Ph.ir'- friends and counsel sought an
earlier interview with him. il not without
suspicion, still it Is claimed that tho
condemned man IL not responsible for this
! can not IN tie few hours before the time