Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1879-04-16
Chr FREEMAN.
MONTPELIER. VT.
WEDNESDAY, APRIL 10. 1879.


Hung at Last.
At eleven minutes after 2 o'clock last
Thursday afternoon John P. Phair was |
hung by Sheriff Stimson in Windsor pris-
on in the presence of about sixty specta-
tors. Phair's body was taken by Mr.. Car
rigan who has for two years believed the
condemned man innocent. inclosed in a
casket and taken by way of Essex juno
ton to Vereennes, where it remained in |
his mothers house from Friday until Sat-
urday when the funeral took place and
Phair was buried from his mothers house.
His case will be long remembered as
one in which three repreves were granted
and he is probably the only man whose
hanging has been set for four different days
No doubt many believe in his innocence
yet. but his guilt was as strongly made
out as any persons ever was by circum-
stanlial evidence, which by the way is as
good evidence properly applied rs any
that can be used So long as courts run
and men commit crimes accused persons
will be convicted on proof no stronger
than was had in Phair's case. That mis-
takes now and then occur and that inno-
cent men suffer, may happen as well with
direct as with crcumstantial testimony,
and the limitations of human knowledge
forbid that in criminal convictions every
possibility of innocence should be barred
out. Juries and judges are not infalibe,
but they do their duty as best they can,
and it is useless to abuse them or the sys-
tenn under which they work, because now
and then they come to wrong conclusions.
They no more than other men can reach
mathematical certainty in all practical af-
fairs of life.
So should it in the long future turn out
that John P. Phair was hung for a crime
he did not commit we say that from all
branches of the civil government of the
state his case received careful considera-
ton. He was reprieved by two governors,
law was passed by the legislature that
gave him chance for new trial after
one appeal had failed, and the judges of
the supreme court gave the mans case
four hearings within the three months
preceding his death. So we say again if
it should ever be shown that he was inno-
cent, that proof was not forthcoming when
he needed it and the civil power of the
state did but its duty in executing the law.
There is no more reason to suppose how
ever that it will ever come about that
Phar's innocence will be shown than that
of any other of the dozen men TO this time
hung in Vermont.
The hearing before Judge Ross and
Powers that began Tuesday evening of
last week at St. Johnsbury was concluded
Wednesday afternoon and an adverse de-
cision announced. Thursday forenoon an
application for further reprieve to Gov.
Proctor met with no success and Phairs
last hope was gone. He protested his
innocence to the last and left for Mr..
Eddy, one of his counsel, n statement re-
viewing certain points in the case. This
statement is published but contains moth
ing specially new.
There has been good deal of unjust
criticism on all hands in this case. The
two governors have been berated for
granting the reprcves, the judges for
refusing the new trial, and Mr.. Carrigan
and Phar's counsel for their efforts in
his behalf. We believe that both Gov.
Fairbanks and Gov Proctor were in the
line of their duty when they repricved
Phair, that the Judges carefelly examined
the evidence in his case and gave it that
legal weight to which it was entitled and
finally that when Phair was hung there
was one murderer less. But at the same
time we as fully believe that Mr.. Carrigan
was honest in his beliefin Phair's innocence
and that he and Phair's counsel instead of
being abused rs sensationalists should be
given the credit of making plucky fight
to save the life of man who, they
thought, ought not to be hung on the
verdict of guilty given at the trial in 1874.