Montgomery County sentinel., 1879-03-07

collection by his memorandum book, and
satisfied hilrself that Phaif Had fidden
with him on The day named, and Gould
not have been guilty of tue crime of
which he had been convicted
But it was twelve o'clock and the con.
demned man was to be hatged III two
hours. Mr.. Downing tried to telegraph
to the Governor of Vermont In Mont
pelier, but the operator there had gone
to dinner. Every Office in the State was
then asked as to the whereabouts of tho
Governor and the sheriff at Windsor was
informed by telegraph of the discovery
of new evidence in favor Of his pfisbper.
and fsked to communicate withthe Gov.
.effor before hanging. III was IL saS oicsA
before the Governor was heard from at St.
Jolinsbury. He Immediately telegraphed
to the sheriff, postponing the execution
until May 4, 1877.
AT one o'clock, Phair, dressed in plain
black clothes, was prepared for the scaf.
fold. He was calm and collected; SEEM
ing fully resigned to his fate. While
he was waiting to be conducted from his
cell, the Governors telegram arrived.
and his respite was announced TO him.
"God be praised!' he exclaimed, and
tainted.
The rcprieve and the circumstances
connected with it attracted much atten-
tion in Vermont Petitions both for and
against the hanging of Phair we're cir
culated and largely signed, and in ac-
cordance with the advice Of a member of
the supreme court and two Of Vermonts
most eminent lawyers, the reprieve was
extended for two years, that there might
be an investigation made by the present
Legislature. Legislative action was ne
cessary, because the highest court Of the
State had passed upon the casc and, ac-
cording to the laws of Vermont, tho
Governor had no authority either to
order new trial or commute the sen
tence.
In the meantime every effort has been
made to discover evidence to corroborate
Phairs statement. The affidavit of Mar
shall d. Downing was procured. 1t SUBJ
stantiated the story told by Phair as to
their meeting on the train between
Providence and Boston; 90 June 10;
set forth the manner of deponent's dis
covery that the person he met was to be
hanged, and that his testimony was uu-
solicited. Downing was corroborated by
Col. Charles II. Taylor, the manager,
and Edwin G. Bacon, editor of the hos
ton Globe. and by NJ. G. Perry, Phair's
lawyers. Alexander Stone, the keeper
of a lodging-house in Providence, Rhode
Island, where Phair asserted, 10 his
statement, he had slept on the night of
June ., testified to matters that agreed
precisely with what Phair had said, even
to the presence of black dog with n
leather collar that Phair had described.
Thomas Hanley, the head waiter and
clerk in restaurant in Providence.
Rhode Island, testified to the same cir.
cumstances related by Phair 10 his state
ment, alluding to torn flfty.cent scrip
that he disliked to take in payment for
breakfast, but which he finally accepted.
giving back ten cents in change. Other
persons made affidavits to the presence of
Phair in places where he had asserted
that he was on June 8 and In the early
hours Of juno 8.
Those affidavits we're submitted, as
the law Of Vermont directs, to two ius-
tices of the Supreme court, and thew
decided that they we're sufficient to war
rant the hearing before full bench, to
determine whether or not there should
be new trial. The hearing was begun
at Rutland, Monday, February 8, and the
aflidayits procured we're presented. Tho
court, through Chief Justice Pierrcpont.
rendered its decision on Wednesday. II
sets forth that after the fact is ascertained
who it was that pawned the property of
Ann Frieze in Boston on June 10. il
would be settled who committed the
murder. This fact is substantlated by
more than one witness, all Of whom
positively identify Phair as that man.
Phalr could have departed from Rutland
IN the 4 o'clock train on the morning of
June y. as he says that he did, and vet
be guilty of the murder. There is moth
ing to show that he did not stop is Bos-
ton. His description of bis visit to
Providence is not corroborated by anv
one who has any recollection Of him at
the time he claims that he made the
visit. One Of the most conspicuous ob.
jects of the locality where he says ho re-
maned over night is soldiers monu-
mcnt. This was not there soon after
the war, when phair had sister living
there. His description of the locality,
omitting the monument, shows that no
was describing it as IL was when be was
there years before. Downing had not
sworn that Pbair was the man be saw on
the cars /; he was only able 10 give uu-
satisfactory recollections. The conclu-
sion arrived at was that no evidence
creating d reasonable doubt of the guilt
Of Phair had been found. aud that new
trial could not be granted. Phair will
be hanged on April 4.
When you sec cross looking man
coming down town In the morning with
he knees Of bis pantaloons white and
i1sty, aud several bits Of straw aud
. r