The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-11
WHY PllAIR WAS HANGED.
,uIce RFPRfETED. TEr FAILING TO
CLEIR HIMSELF OF GUILE
,,,rg wit, n False Affirmation OF Innocenee
on uis Lips some OF the Circumstances OF
Y1l. Extraordinary Case Recalisd-Some-
,htnu about the Past Life OF tho Murderer.

WrNpsOR Vt, Apru lO.-JOnn 4. Ihair, |
who murdered Mrs. Ann +. Frieze on the morn
tng Of thc 9Th " June. 1874. in a small house in
the outskirts Of the village OF Rutland. was
hanged to-day in the east corridor OF the new
prison in this place. The news OF the refusal |
10 allow the nling Of hs petition Tor a new trial
was communicated to him yesterday afternoon
AT 81 O'Clock by Superintendent Rice. Pnair OK
bibited Considerable feeling. and remarked:
"That settles IT," adding. after a moment OF
silence that he wouldn't give a snap OF his An
ger for his chances Of living. He retired soon
aiter clock this morning. and slept soundy
un7 Thon he arose and ate hearty break
fast Of bceisteak. potatoes, and other food
At ton minutes before 1 o'clock this af-
lernoon tho doors Of the prison were opened
10 admit the physicians and others. num-
beriug about nity. Phair came into the
corridor accompanied 10y his spiritual adviser.
Chaplain Mick and by tho Rev. George l.. Pratt.
He assembled tho gallows with firm step. and
took his place on tho drop. Prayers were Of
fered by the two clergymcn. The Sheriff read
The death warrant. and asked the condemned
man wnether he had anything to say. Phair
answered his voice trembling slightly as he
began to speak: q" / have but little to say. am
Iorry tnat should come TO this: but do
not feel as ] would IL l had caused the
deed for which | am hero. am innocent OF
The crime OF which am charged. and Tor which
| die to-day. Further l have this statement
holding roll Of manuscript in his hand writ
ten out and will place it in the hands of the
Sheriff to be given to my counsel. c. b. Eddy"
Here he handed the roll OF manuscript to
Sheriff Stinsonl He then embraced both Of his
spiritual adyis RS. shook hands with Superin-
enicnt Rice aud the Deputy SherlHs. and al
lowed himself to be pinioned. The black
4 bt f,.,a h,, Anne
den. After this had been done Phair cried out:
Lord remember mel Lord. remember mel"
The Sheriff then said John =. Phar. the time
aas now arrived when the sentence OF the law
must be executed upon YOU and may God have
mercy on your sou!' At this moment. eleven
minutes past ,. the drop fell. Phair's neck was
not broken and the body was allowed TO hang
wenty-nine minutes before 1t was cut down. 1t
was then placed in a coffin. and will be taken to
Vergennes tonight.
Phairs counsel were before Gov. Proctor this
morning. and asked for further reprieve. so
as to allow n session of the Legislature 10 inter
reno before the execution. but at 1917 p. NJ the
Governors denial OF the petition was received.
The history Of the case OF Phair shows
how difficult il lie 10 hang a man on circum-
stantal evidence when any link In the chain
thereof seems to be In the slightest degree de-
iective. and how influences originating outside
Of the law and ths courts operate TO stay the
hand of retrbution till there can no longer be
any reasonable doubt Of Phair's guilt
The small wooden house in the outskirts Of
Rutland which Mrs Ann L. Frieze occupied
WAS found to be in flames on the morning OF
June Q. 1874. at about o'clock. and the body Of
Mrs. Frieze. with marks on it showing that n
murder had been committed. was taken
from the ruins. Phar had taken a train for
at ,fo m m
On the evening OF tho following day the
train that arrives in Rutland from the south
at about midnight was boarded by officers at a
station some ten miles south Of Rutland. and
Phair was found on the train and arrested. He
WAS indicted for tho murder OF Mrs. Frieze. and
was put on trial at the September term OF the
Rutland County Court. The jury. after four
hours delibcration. found him guilty The
case was carried To the supreme Court on ex-
ceptions: these exceptions were overruled r
new trn was asked on the ground OF newly
discovered evidence: tho petition was reius "a (;
and Phair was sentenced to be hanged on April
g. 1877.
reprevc. after be had prepared himself for the
gallows made the case famous AT that time. and
were published throughout the country. In
October last. when the case came before the
Judiciary Committee ~ the Vermont Legisa-
ture. the story Of the mans extraordinary re-
prieye was again told IN THE sVN. The re-
lrleve granted him extended lill April 4. 1873.
Under tine law. the supreme Court had no lu-
risdictlon over the cns', and new trial could
not be granted without legislation covering the
case. and an act was puS~1d cunferring on the
supreme Court lursl llction In such 'asrs. The
case wis heard under the new law. m January OF
the present year aud the application Tor new
trial was dismissed. sun another tHort WAS
made to save Phair. tn" point was that no le,
gal warrant fur his execution existed. and II
the Sheriff should execute him without such
warrant he would commit murder. bill in
equity WAS fled asking Tor an Injunction upon
the sheriff from executing Phair on the ith Of
April. 1879, and y hearing was held before
Chancellor Redfeld on The 25th OF March, me
that under il Phair must be- executed On the
evening OF the 81 81 April, aller preparati9ns
had been made for Phairs funeral on the fol-
lowing sunday telegram was received hy the
Sheriff from GOV. Proctor. delaying the hang
Ing for six Jays, or until yesterday
petition 10 iile an application for new trial
VII. lirlI In n. Johusbury. before Judges Ross
and 7 ,w"rs. Ia order to understand the bear
ins Of the decision it Is necessary t9 recall
kome oI the Leading circumstances in the case.
covered On mr.. between g.. aud 7 O'Clock on the
morning of june Q. 1874. Phair was seen on
ne slgl7 oi tne h9t! a. nnilahd, y,
morning. At 4ii o'clock le took the train for
= Ston. II was claimed by me defence t4at
lAalr could not have computed the murder
after he was seen on the hotel steps, and tnat II
he had killed the woman and st fire. to the
house before thnt tmo the flames would
have burst ont before the hour at which they
were sen. But tins pont was destroyed ny the
iHel thht the irc mig nave smoudereu even
Vrning between the time when Phair stood on
the hotel steps and when tho flames were seen
Issuing from the house The reprieve was
granted after the first trial on the strength OF a
belief Of a Mr.. Downing Of Boston that he saw
Phair on railroad train between Providence
and Boston on the morning Of June 10. The
records in the pawn shops. whore the murderer
had disposed OF articles Identified MS having
belonged to the murdered woman. showed that
the articles were pawned on the morning Of the
luh-or about thr time when Downing was
converting in the train with the man whom ne
subsequently believed - have been Phair. II
should be mentioned here that the Boston
paWnbrOkrrs positively identified Phair as the
man who pawned the urtlrlcs.
The hearing before JUICES Ross and Powers
on the Application 10 ne a petition for a new
trial was closed "Wednesday afternoon. The
Judges retired for consultation. and were out
Il teen m nutes When they returned. Judge
Itlns said: We have given this matter the bes
consideration we could. and are iuily aware o
tho responsibility that rests upon us, 10th IN
regard 10 the prisoner and the state, We fee
rs amy other officer. acting under oath. who has
dlsagreeable duty TO perform. We leel th'
need ot care - be exercised in relation
T. the construction 10 be put upot
the new law. Tho first petition WAS granted
more a- n matter Of course thnn anything else
MActhrrthu action should establish preceden
Is questipn.u.'." lie tlcn read the law bearing
ou the case. and reviewed tho Testimony o
Downing. phair WIS cDguizhnt 81 Downing
hfhdAsit and answers 10 lntrrrORWOrltb IN tlt