Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-12-21
MRS. ROGERS SATISFIED
To Leave the Settlement Of Her Case
with the Jury.

/ Bennington, VT, Dec. 2O.-Relyine
upon the ability Of her counsel to con-
vince the jury of her innocence. Mrs
Mary H. Rogers, who, for nearly two
| weeks has been on trial in the Benning-
dering her husband, Saturday, consent
Cd to submit the case to the jury with
out making any defence.
This. 1t is said, is the first time in the
history of Vermont courts that a per-
son charged with murder has allowed
the case to rest on evidence submitted
by the prosecution.
| 1t lad been the intention of counsel
for the defence to put a number of wit
nesses on tho stand in a nattempt to
offset evidence introduced by the state,
but at the opening Of court, today, it
was announced that this plan had been
| abandoned.
| I'VE have decided to rest out case
| at this point without the introduction
| of any testimony in behalf of our eli
| ent," said Daniel A. Guiltman, leading
counsel for Mrs. Rogers, when informed
by the court that it was in order for
the defence to present its witnesses.
1T was our intention to call several
witnesses, but after consultation with
the respondent, we have decided to
argue the case upon the evidence sub
| mitted by the prosecution
Arguments for the state and the de-
fence We're then made by State Attor-
| ney Stakeholder and Daniel A. Guilt
man, respectively, before court adj
Journed until Monday. The concluding
arguments will be made by associate
counsel. Monday forenoon, and the
case probably will go to the jury before
court adjourns, Monday night
In summing up for the prosecution,
State Atty. Stakeholder laid particular
stress upon the testimony of Levi Per-
ham, the confessed accomplice of Mrs.
Rogers in the alleged murder of her hus-
band. His story, said the states attur-
ney, was without doubt an accurate ac-
count Of the facts.
He argued that Mrs. Rogers was the
only person who could have prof.ted by
Rogers death. Her guilty love for Nor
r1s Knapp and her desire to obtain the
insurance on her husbands life, he said
was sufficient motive for the crime
During the entire argument, which occu-
pied more than an hour and half, Mrs
Rogers sat with her face buried in her
hands sobbing convulsively.
Mr.. Guiltman said the defence had de-
cided to rest it's case on the evidence of
Tic pIOStCutiOIi, DeCduSe the latter Dy It's
own witnesses had discredited all i'm
portant points alleged against the pris-
Oner.
He made a fierce attack against Morris
Knapp, the alleged lover of Mrs. Rogers,
whom he characterized as 1.-The lowest
kind of a scoundrel," but said that his
testimony had helped the defence more
than that of the whole Perham family
had assisted the prosecution.
The story of Levi Perham he said was
ridiculous, and he added that in his opin-
ion no jury would find a woman guilty of
murder upon the testimony of such a
weak-minded. lovcsick youth" His story
of the alleged crime was utterly impossi-
BILE, said Mr. Guiltman. and was inspired
by promises of immunity from severe
punishment.
In this connection he added that he did
not believe these promises were made by
any official of the government. but by
some outsiders who ''had no difficulty in
playing upon the colored imagination of
the simple minded fellow"
The relations which had existed betwe en-
Mr.. and Mrs. Rogers, he said, were as
pleasant as those between the majority
of married people. and all testimony to
the contrary, he claimed. was inspired by
a desire to have the respondent found
guilty of the crime with which she is
charged.