Bennington semi-weekly banner. (Bennington, Vt.) 1894-1902, 1895-02-05

nor, Stewart in 1902, and Proctor IN
1S7S-SO. Personally have seen much
less of Gov. Stewart than of Senator
Proctor, but recall one event, which re-
vealed the man. During that session of
1878, above mentioned, the famous John
P. Phair case came up for rehearinR,
on some so-called new evidence" man
ifestly worked up by some sensational
journalists and attorneys of Boston, who
asked that the sentence be changed from
the death penalty to Imprisonment for
life. Judge Poland was by common con-
sent, on account of his eminent fitness
and experience on the State Supreme
bench, chairman of the joint judiciary
committee before whom the preliminary
hearing came. The judge was promptly
in his place; the largest committee room
in the State House was packed, and as l
entered the judge saw me and motioned
for me to sit in vacant chair near him,
saying as / sat down, we may need your
services before we get through The
hearing opened, and the Boston attor-
neys stated their case with much fulness
and some show of youthful eloquence,
covering nearly the entire hour allotted
to that sitting of the committee.
The State having no attorney-gener-
al, Gov. Proctor had wisely telegraphed
ex. Gov. Stewart the evening before to
come over on the early train that morn
ing and represent the State, and when
Judge Poland called on him he said he
had just reached the capital, had no time
for special Investigations and could only
speak from general knowledge and on
general principles. We'll, governor
said Judge Poland, What is your gener-
al conviction in regard to this case;
should Mr.. Phair be hung, or should he
be imprisoned for life? l never Sha0
forget the scene; it was not a trial, the
prisoner was not there, but that packed
room was as still as death, and every eye
was on Gov. Stewart as he rose, HB
spoke with great deliberation, as became
the place and the occasion; his enuncis-
ton was clear and distinct, so that every
member of the Legislature present, as
nearly all of the 270 members were, could
hear every word. Judge said he, 4
counsel seems to claim, he is entitled TO
his liberty; Vermont does not inGarcer-
ate innocent men for life, as is proposed
i'll this case. But, sir, on the other hand,
if Mr.. Phair is guilty, he is entitled to I've
hung and the governor sat Gown. The
hour had expired, and the hearing was
continued till another day. AS the peO-
pie left the room Judge Poland turned to
me and said: We'll, chaplain, what Go
you think of Mr.. Phair's case? 1 re-
piled, II don't know anything of law,
judge, but it seems to me lie will be
hung You are right, SIR he continued,
Gov. Stewart has settled that above all
preadventure.' Everybody at all famiE
lar with the case knew he was guilty of
a most atrocious, cold. .hloOded murder,
and hat Legislature could not get away
from the irresistible logic Of Gov. Stew
arts clear, cOgent, convincing and lacon-
ic statement,-'if he is guilty he is en-
titled to be hung He was executed at
Windsor a few weeks after the session
adjourned.
"The only objection that can be urged
against Gov. Stewart is that of locality
he lives on the wrong side of the noun
tain But God does not distribute his
gifts of great men according to our little
geographical notions. Does any one sup
pose that Vermont's large influence in
the counsels of the nation, these last de-
cades, has come from the fact that Sena-
tor Morrilrs home residence is on the
east aud Senator Edmunds' on the west
side of the mountain? Not one person
in 10000, outside the State, knows or
cares anything about it. Gov. Stewart
could be moved to Montpelier, or White
River Junction, if the salvation of the
nation depended upon it! If Vermont
ers want to know what befalls State
for sending small, insignificant men 10
the Senate, let them look to the Empire
State to-day. Think of De Witt Clinton
Van Buren, Marcy, Silas Wright, Sewardy
John A. Dix, Hamilton Fish. and then Oh
Hill and Murphy! Vermont has set heR
standard high in her Isaac Tickenor, ,San1
uel S. Phelps, Solomon Foote, Jacob Coz
lamer, Luke p. Poland and her living
representatives in that body; let it be
kept there"
OLD WINDSOR.
Chicago, ILL.,, Jan. 4th 1895.