St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1879-04-11
Hearing of the Phair Case.
The Petition for a new Trial Denied,
and Phair Hangs To-Day.

Inc E0IlIlOu luz q hC" AAloA NSAiSS-,
and Phair Hangs To-Day.
The hearing before Judges Ross and
Powers, on the application of John P.
Phair for a new trial on the charge of
the murder of Ann E. Frieze of Rut
land, of which charge he had been con-
yicted and sentenced to be hanged, was
commenced at the Court House. i'll this
place at 7.30 o'clock Tuesday evening.
The State was represented by Hon. E.
j. Ormsbee of Brandon, ex-State At
tOrney of Rutland county, who con-
Quoted the prosecution when Phair was
convicted, and Hon. George E. Law
renee of Rutland, the present State
Attorney of Rutland county. The pris-
oner was represented by Hon. D. E.
Nicholson and James C.. Barrett of Rut-
land, Hon. C. B. Eddy of Bellows Falls
and S. w. Mccall of Boston.
After considerable skirmishing by the
various counsel as to how much of the
evidence in the case should be brought
in, ETC., Judge Ross said they would first
hear what was claimed to be the newly
discovered evidence. Mr.. Eddy then
read the affidavit of Marshall D. Down
ing, taken April Is, 1877, by the COM
mission appointed by Gov. Fairbanks.
The document relates to Dewning's al
legged conversation with a man on the
train from Providence, June 10, 1874;
that the man said he came from Rut
land, VT; that he was machinist, and
had been to Providence in search of
employment at the screw works. The
train left Providence at about 10 o'clock
and arrived in Boston at about IL
o'clock. He was able to fix the date
from the fact that it was his first day
in business, and he made his first sale
that day. This statement is the same
as that presented on the first petition
for new trial, and it has been publish
ed before.
Mr.. Mccall read another affidavit of
1879, to the effect that he went TO
Windsor prison and saw Phair in the
presence of others; that he identified
Phair as the man he met on the train
that Phair answered certain questions
correctly; that Phair told him how
deponent was dressed and wore his
beard at that time that Phair's per-
sonal appearance is not common, and
that he was positive that Phair was the
man he met.
After this, numerous affidavits were
read, some tending to corroborate
Downing's affidavit, and others show
ing the unreliability of the Boston
brokers who swore to Phair's identity,
etc., when the court adjourned until
morning.
All Wednesday was taken up with
the arguments by counsel until about
half-past three o'clock, when the Judges
took the case, and after retiring for Il
short time returned and gave their de-
cision, denying the petition of Phair
for leave to file petition for new
trial. Judge Ross gave the decision in
few words, after which Judge Powers
reviewed the testimony somewhat at
length in a very clear and impartial
manner, giving the opinion that the al
legged nep eridence aUaS not sufficient to
justify a jury Of tair-minded men in en-
tertdining reasonable doubt of Mr..
Phair's guilt.
Thus has probably ended in some re-
spects the most remarkable trial in
history. A man virtually tried four
times for his life three times reprieved,
once only few minutes before he was
to have been hung-and now after the
last expedient has been tried and the
last resource exhausted, he is to finally
pay the penalty of his crimes. Many
things might be said of this most re-
markable case, but we have not space
here. One thing it has strikingly de-
veloped: that Vermont's judiciary are
not warped 10y any sickly sentimentali-
ty, but that they will deal out justice
impartially even if it be severely. And
they will be sustained by the people.