Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-07-13
FORMER VERMONT JUSTICE
Case Similar to Mary Rogers Recalled
by Former Resident.

Lewis Is. Hibbard Of Highland Park,
H.. writes letter to the Springfield
Republican recalling a case in Vermont
nearly so years ago similar to that of
Mrs. Mary Rogers. Mr.. Hibhard was
chaplain of the Senate. During the ses-
sion Of the Legislature of 1878 the case
of the notorious John =. Phair came up.
he had been several times repricved,
and as many times preparations had
been made for his execution in Windsor.
The efforts of his friends were to have
the sentence of death changed to i'm
prisonment for life. AS in the Mrs
Rogers case. widespread interest had been
| awakened, scores if not hundreds of petit
| tions had been sent in from Maine To
Pennsylvania in Phair's behalf. One of
| the Boston dailcs had. through its Yer
mont representative. championcd Fhair'
cause. and two bright young Boston at
| tOrneys were secured to conduct his case
| The resolution for Communication was re-
| ierred to the Joint judiciary committee,
of which the late Judge Luke r. Poland
was chairman. Tie represented St Johns
bury that year in the House and was,
of course. entirely familiar with Cover
nor Horace Fairbanks's reasons for his
rcpricvcs.
| At the first meeting of the committee
| the Boston attorneys stated their case
| at length, consuming nearly the entire
hour devoted to that session emphasiz
| ing the "new evidence" on which their
plea for a Communication of sentence was
based, leaving the impression at the
| last. without perhaps definitely stating
| it in so many words, that they believed
Phair was innocent. AS the State had
no attorney general, Governor Proctor had
telesraphed Ex-Governor John w. Stew
art of Middlebury to come over to Mont
pcler and represent the State at the
hearing. He had not been able to confer
with Governor Proctor or other State Off.
| Gals in respect of the case.
| After the Boston attorneys had closed
Judge Poland called on Ex-Governor Stew
art for his statement. He noted the fact
| that only Is minutes of the hour remain
cd explained the further fact that he
| had not been able to make any prepare
| ton, etc, when Judge Poland said, well
governor what is your opinion of the
casc?" Ex-Governor Stewart straight
encd himself up and said. "Judgc. Yer
mont is not in the habit Of executing
or even imprisoning for life innocent men
| therefore think that if John r. Phai,
| is innocent he is entitled to his liberty
if he is guilty. he is entitled to he hang
ed" and he sat down. while the breath
| less silence Of that crowded room was
almost painful The hearing was immed
lately adjourned till the next morning.
"There were a few more hearings. but
all OF them combined did not equal tina
first one in interest or mpressivcness.
saws Mr.. Hbbard "every one seemed tC
feel that the conclusion was foregone
Governor Stewart had settled the case
and all subsequent hearings We're per
functory. I do not remember how thu
vote stood, though I presume some votcC
for Communication from sentimental mo-
tives. need not add that Mr. Phaii
was hanged. and the State seemed tc
feel eense Of relief; justice was done
at last, and that brutal murderer was
beyond the reach of legal technicalities
and the resources of criminal lawyers.
"Covernor Proctor was a man ri
nerve. and all the appeals to which he
was subjected that winter--and they did
not cease till the very day Of Phair'.
execution-never moved the governor q
hairs breath: his duty was to execute
the laws Of the State. and he did it
Governor Bell will do the same In the
case of Mary Rogers when the matter
finally reaches him.