The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1879-04-16

authority eithsr to ordef nav trial or COM
nuts the sentences. NJ
In the meantime every effort was made TO
discover evidence to corroborate Phslr's
statement The affidavit of Marshall D.
Downing was procured. 1t substantiated the
story told by Phair as to their meeting on
the train between Providence and Boston, on
June 10; set forth the manner Of deponent's
discovery that the person ne met was to be
hanged, and that his testimony was unsolIc-
tied. Downing was corroborated by Colonel
Charles B. Taylor, tie manager, and Edwin
c. Bacon. the editor. of the Boston Globe, and
by NJ. c. Perry, Phair's lawyer. Alexander
Stone, the keeper of . lodging house in Prov
idence, Il. l., where Phair asserted, in his
statement, he had slept on the night of June
8, testified to matters that agreed with what
Phair had said, even to
THE PRESENCE OF BLACK DOG
with q leather collar that Phair lad de-
and clerk in q restaurant in Providence, R.
l., testified to the same circumstances related
by Phair in his statement, abiding to a torn
so cent scrip that he disliked to take in pay
ment for breakfast, but which he finally &C
cepted giving back 10 cents in change. Other
persons made affidavits to the presence of
Phair in places where he had asserted that he
was on June and In the early hours of
June 8.
These affidavits were submitted, as the
law of Vermont directs, to two justices of
the supreme court, and they decided that
they were sufficient to warrant the hearing
before full bench to determine whether or
not there should be a new trial. The hear
ing was begun Monday, February 3, and the
affidayits procured were presented. The
court, through Chief Justice Pierrepont,
rendered its decision on Wednesday. 1t set
forth that, after the fact should be ascer-
tanned who 1t was that pawned the property
of Ann Frieze in Boston on June TO- it
would be settled who committed the muir
der. This fact was substantiated by more
than one witness. all of whom positively
identified Phair as that man. Phair could
have departed from Rutland in the O'Clock
train on the morning of June 8, as he says
that he did, and yet be guilty OF the murder.
There is nothing to show that he did not
stop in Boston. His description of his visit
to Providence is not corroborated by any one
who has any recollection of him at the time
he claimed that he made the VISIT. One
of the most conspicuous objects of the To-
cality where he said he remained over
night is a soldiers monument. This was not
there soon after the war, when Phair had q
sister living there. His description of the
locality. emitting the monument, shows that
he was describing it as it was when he was
there years before. Downing had not sworn
that Phair was the man he saw on the cars /;
he was only able to give unsatisfactory rec
elections The conclusion arrived at was
| that no evidence creating reasonable doubt
of the guilt OF Phair had been found, and
that new trial could not be granted.
TROUBLESOME Poy.
The mother of Phair lives in. Vergennes, in
two.story frame house in Main street. She
is about 60 years old, and has the appearance
| of a woman heartbroken by grief and sor
row. Her early troubles with her son and
| husband have been sad and trying. The
stealing of druggists satchel, containing
| money, which he had Just set down in his
| own home, was Phair's first crime
This was followed by several attempts to
| kill leading citizens, for most OF which
| he was arrested. but always
escaped punishment. On one occasion be
was arrested for sliding plank from the toy
OF high building near the road, intending
| to hit the head of a restaurant keeper as hs
was passing by in the evening. Two week.
| later he was arrested for attempting to kill
the same man. He secreted himself in the
evening on bridge across which his victim
had 70 pass on his way home, and fired a pist
at him, the ball passing through his victim
/ hat, cutting the hair on his head. His victim
ran, and he pursued him for more than a
quarter of mile. On another occasion
Phair was arrested for secreting himself in al
| old railroad bridge and attempting to kill ,
coal merchant, one of the leading citizsns
while he was passing from his coal offic'
through the bridge after dark on his way
home. heavy stone was dropped from thu
top of the bridge, which struck on his hea(
and shoulder, and fell through the bridge t.
the ice below. The stone, which was pro
duced in court. weighed 10 pounds Fo
this attempt Phair was bound over in $50
bonds and at the next term of the county
court his lucky star secured him his free
dom. r,s