The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-02-10
PIIAIR'S HOPE DESTROYED.
REPRIETFD ONCE UHEN ON THE Very
VERGE or THE SCIFFOLD.
The Sudden Rec"iiections Of Newspaper
Eender prnl"nging his Life for Two Year.
why the Court Refuses HIN "a New TrtnI

RUTLAND. Vt, Feb. s.-John p Phair. an
iron worker. VIVA employed In the Lincoln Iron
Foundry In this place on May 90. 1874. and con-
tinued there until June Q. About tho middle Of
May he was introduced To- Mrs Ann f. Fricze
with whom he became very intimate. On tho
morning Of June fire destroyed the house o.
cupied by Mrs. Friczn. Her dead body was
found in the ruins bearing marks ot wounds
that in Themselves. it was declared. would have
been fatal. II was asrcrtainod that on June 10
man signing himself ON the register Of the
Adams House in Boston rs +. +. Smith, st.
Adams w." had pawncd n shawl. an opera
glass; and ring In Boston which articles w"ro
proved To be- the property Of Mrs Frezc Ia
peris testified that the handwriting on the regis
ter and on the pawn tickets was that Of Phair
and the pawnbroker identified him IA the per-
sons Offering tho articles. He wins conscq ucnty
arrested. tried, convicted aud sentenced to be
hanged ON April6. 1877.
On March q. 1877. tho Dartmouth College
Glce Club went 10 ndsor. Vt in which village
| Phair WAS confined. for the purpose II giving "A
! concert The manager OF tho club was T.. C.
Carrigan. who then represented the Associated
Press In that locality Ic visited Phair in
| prison and osccrtmncd that the condemned
| man had written II statement in relation 10 his
| whereabouts M the time Of the murder, nsscrt-
! ing before God and man. his entire innocence
OF the crime Of which he had been convicted.
| Carrgan obtained this statement. agreeing that
! 1t should not be- given To the public in any form
until after Phair was hanged. II il was not
| published until after his death, Phair argued
that he might be believed 10y some. and, rs no
| smd: II can die by IL they will surely think
| II Of enough importance nj least To- r"ad It,"
Phntr ancrward consented that the document
the day on which he wis TO bn banged. ~ tho
| newspaper containing 4 would NO, arrive in
| nnd IN N"fgrnnes not until O'Clock and that
| u would arrive in Windsor at O'Clock so that
| he would hc able To s"e that his statement had
been treated IN nrcor,iunce with his stimlatious
In his ~ temcnt Phnir st forth that on Juno
| d" rccomp panied Ann Friezeio nrirrus. and az
| t"rwnrd goinH with her tn her house remained
| with her until 2 o'clock thnucx morning. This
| h"av"rs. was Tho last time he over saw her. On
SUNDAY June 7 be- drove 10 West Rutland and
on Monday h. went 10y train to Brandon. ok
pcrtlng to meet person thcre. remaining in the
villggr until the evening. He returned To llut-
| land ON thH Midnight train. went TO his room IN
ne B"rwl.k House. AMI sept NJ about -
O'Clock on Tuesday morning Jun" g. A. about
that time ne took the train Tor Boston. arriving
for Providence. and he describes in detail his
journey thith"r. whore he stayed. and hts UNI
successful Efforts 10 obtain work On June 10
he returned tp =. ston. and he tells particularly
of nn interview ho had with "a stranger on the
train, who said he WIS engaged IN III" manu-
! in"turc ~ novelties in Boston. and was hiring
agents Tor their sale, and who offered him "a sit
ua;ion. In the afternoon he took the train Tor
Vermont and WIZ arr sted while on It for the
murder Of Ann Frrz'
on the morning NJ April 6. 1877. the Boston
Globe published phair's statement II fllcd
seven columns. Upon the bulletin ut the door
WIS the announcement; Vermont il To- hang
a man To-day who claims that he is innocent
A@drcan Noyciy Wo T" al 5oseBSSo stre en-"
Boston. seldom Rad the Globe ~ that time. hut
on tho morning named his orl 80 boy saw tho
! Ti1hes bulletin and spoke ~ IT, IL WAS sent
s 1 down y 10 9 road , he st,mGni Wien 4" ns
10 the description Of the ride Phair claimed Ia
have tak.n between Providence and Boston IN
| Jun" 10. Mr.. Downing recognized the doSHrl ~
ton of himself and the account II the CONVEX
sation. He spranE up saving My God. th"y'ye
ct the wrong man; IN. - man Is inuo'ent!' Mr.
Downing corrohoratcd his recollection by his
memornndum book. and satisfied himself that
and could not have h'en guilty OF the crime Of
VIII h he had been convicted.
WAS to hr hanged IN two hours. Mr.. Downing
tried 10 telegraph 10 the Governor NJ Vermont
in Montpelier. hut tn. operator there had g"n,
asked as 10 th" whereabouts " the Governor
and the sheriff at ndsorw WAS Informed 10y tel
favor - his prisoner. and usk 'i To- communi
at" with The Governor boiorr hang NJ. It was
Ia o'clock before the Governor MAS heard iron
at IT. Johushury. Hn immediately tclogruphrt
g. the Sn.r.r. postponing the execution unit
Al / O'Clock. Phnir. dressed in plain black
clothes. WIS prepared for tho scanod II" wH'
calm and culi"cted. seeming luuy resigned g.
his fate. While he WAS waiting 70 ho cnndurtrt
from his cell. the Governor s~ielcgraiu arrived
and his rcspit" WIS announced 10 MN. Go,
b. prilsedl he exclaimed. and tainted.
! The rcprieye and the circumstances connect
cd with II atiruct"d much attention IN vermont
| Petitions both for and against the hanging %
I Paair were circulated and largely signed. ant
IN accordance with the advice OF n member o
the supreme Court and two OF N"rmoni's N -
eminent lawyers. tho reprieve was extended to
. two years. that there might be an Investigation
&, made by the present legislature; Legislative
action was necessary, because the highest cour
Of the State had passed upon tho ease, and nc
cording 10 the laws of vermont the Governor
= had no authority either 10 order new trial o
. commute the sentence.
4, In the mean linc every effort has been mad
A | IN discover evidence Ia cOrrobornte phniri
statement Tho affidavit Of Marshall u. Down
ing was procured. II suhstantlated the stor'
/, told by Phair AS TO their meeting on the trell
! | between Providence and Boston. on June 10
: set forth the manner OF drpon"nt's discover
V that the person he met WIS 70 he banged, an'
D. that his testimony was unsolicited. Downinl
, WAS corrohorated by Cot, Charles H. Taylor, tn
h the Boston Globe and by VI. C. Perry Phair'
= ing house IN Providence, r. l., whrr" Phair rs
T serted. in his statement no had slept on Ia
night Of June .. testified to matt'rs that agreed
precisely with what pnair had said even 10 Tia
, presence Of black dog WITH leather cola
that phar had described. Thomas lIRnley. IN
y head waiter and clerk in n restaurant In Proyi
y dencc. L. J.. testified To the same rrrumsttn '''
II related by Phair IN his statement, aluding to
= torn iity-r"nt scrip thnt ne dlsllked " take II
; payment for breakfast. but which he finally a.
u cepted. giving back ton cents IN change. othe
70 PERSONS made aflidHvits to the presence q
i, Ihalr IN places whore he had asserted that h
u WAS on juno aud In the early hours ~ June
i These aifidavts were submitted, ns the law Il
q Vermont directs. to two Justices Of the Supr"m
X Court. and they decided thut they were sum
r cient to warrant the hearing before tull bench
u to determine whether or not there should be-
II new trial Tho herring was begun here ~
~ Monday. Feb 3. and the nffldayits procure
II were presented. Tho court. through chic
J. Justice pierrrpOnt. rendered is decision o.
l. Wednesday. II sets forth that after the ia"
asccrtainod WHO II WAS that pawnrd the prol
q erty Of Ann Frle2e in Boston on juno ~,
70 would be settled who committed the murder
This fact Is suhstanliatcd by more Than on
Y, witness all Of whom positively Identity Phal
Il ns that man. Phair could have departed irof
o Rutland In the O'Clock train on the moriin
J. OF June q, rs he saws that he did. and yet Il
- guilty Of tho murder. Their, II nothing I
d show that he did not stop IN Boston. HIS dc
(, scrption Of his visit 10 Providence Is NJ
ID corroborated by any ono who has any reco
J. lection of him at thetimehe claims that he mad
/ the visit One Of the most conspicuous object
n OF tho locality whore he says lie remained ov,
10 night Is n soldiers monument. THIS was ~
M there soon after the war. when Phnir hud
X sister living there. His description Of III
l. locality emitting the monument. shows that i
was describing il ms Il wis when he was lhcl
IL years before. Downing had NOT sworn thu
r phHir was the man he saw on the cars; he WI
" only able to give unsatisfactory recollection
lr The conclusion arrived AT was that no ovidrn.
'e creating reasonable doubt Of tho quit