Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1905-05-26
MRS. RooeRs's CASE HEARD.
Before Full Bench Of Supreme Court
at Montpelier.

pelier Friday, May 10. Mrs. Rogers
lawyers were r. w, Moloney OF Rut-
land. John II. Senter of Montpelier
and Charles A. Mccarthy of Hoosick
Falls. Attorney General c. c. Fits
and States Attorney w. Il, Daley ar
gued the case for the state.
The principal afiidavits which were
the basis of the appeal are that of Dr.
L. ID. MacWayne Of Hoosick Falls that
Mrs, Rogers was suffering from puer-
peral insanity on Sunday, August 10
1902, two days before the crime was
committed; that of j. c. Reilly insur-
ance agent, that Mrs, Rogers did not
come to him In regard TO the insurance
ON her husbands life until he sent Tor
her; that of the undertaken that NJ
found Marcus Rogers's skull fractured
when he buried the body; and those OF
w. :. Lowell T.. w. Cakes and Il. u.
FLYNN stating that Leon Perham told
them that he lied on the stand at the
first trial
In behalf of the state Messrs. Fits
and Daley made the following points:
Evidence at the Trial showed con-
clusvely that Mrs. Rogers was In Ben
nington all day the Sunday preceding
the murder so that DR.. MacWayne
could not possibly have seen her al
Hoosick Falls.
Second that j. C. Reilly's affidavit
is exactly like his testimony at the tri-
al so that it is not new evidence ana
therefore should not be considered.
Third. Marcus Rogers's skull was
opened by the doctors at the autopsy
and therefore of course 1t was frac-
tured when the undertaken buried the
body. but the evidence relating to the
autopsy shows that the skull was nor
fractured when the body was found In
the river.
Fourth. while Leon Perham says
that he lied at the trial, MS present
testimony does not differ in any I'M
portant respect from his testimony al
the trial and his state ment of facts now
is practically the same as it was then
and Is Just as conclusive in showing
the guilt of Mrs. Rogers.
1t was also pointed out that the
/ evidence does not prove insanity as
strongly as in the Doherty case where
! the court refused to grant a new trial.
/ Several other minor points were also
brought forward in the argument.
| Decision was expected when the su :
preme court convened Tuesday morn
/ ing. May 90, but it vas not given. II
is understood that the court has placed
the matter of writing the decision in
the hands of Judge John II. Watson
and this rumor has caused apprehen-
sion in the minds of Mrs. Rogers's at
torneys that the decision is a confirm
alton of the sentence of death given
by the lower court at which Judge
Watson presided in Bennington coun
I ty. The date set for the e-ncutiol
of Mrs Rogers, unless the "enlt
court intervenes, is June 2. Ire de-
cision goes against her. the case may
be taken to the United States supreme
court on a writ of error, but such ac-
| ton would involve a great expense.
The annual convention of the YER
mont State woman's Suffrage assoc
citation will be held in the Universalist
! church at Springfield June and s.
Charles r. Hemenway. son of Dr.
| II. Hemenway OF Manchester.
lawyer in Honolulu, Hawaiian islands.
has been asked to act as legal advisor
of the governor during the session Of
| the legislature of the island
Capt. Edward Bowman, who died In
Rutland May II, aged 81. was former
ly one of the best known horsemen in
New England, having been starter for
races in Vermont. Massachusetts, New
Hampshire and New York. For many
years he was breeder of horses of
the Morgan & Wilkes stock. several
of which developed great speed.
License commissioners Of Burling-
ton have posted lists of Ala names Of
persons TO whom liquor can not be
sold. with the various liquor sellers.
/ The lists are constantly being in
creased, including those who have
been drunk. those who have been as
sisted by the towns in which they
| live and those who are posted at the
request of their families Rutlands
list contains 1873 names.
! The body of Private John ]. Moore,
Troop /, 18th cavalry, who was
drowned a week n"o Sunday while
rowing on Lake Champaign with Cor
poral Ray E. Alvord. was found at
the bottom of the lake near shore at
Burlington, Sunday. May Fl, by men
who had been dragging the lake for
several days. Moore was from Bos-
ton and had been in the army less
than a month. He was rs years old
and unmarried.
The third trial of the famous case
of Dr. A. p Grinnell VS.. Edward Yves
ton, to collect damages for false i'm.
prisonment ended abruptly at New
York city Monday, May %, when one
of the jurors became seriously i'll. The
defendant declined to proceed with
only II jurors and the court declared
! it a mis-trial. The case stands at thc
head of the calendar for trial the first
Monday in June. The case has al
ready been twice tried and each time
DR.. Grinnell received a large verdict
The Central Vermont railroad has
| just filed with the secretary of e+ota
| copy of a contract for new rolling
stock, involving over $4,000. During
June the company will add to it's roll
ing stock the remainder of the
order of which the 1000 box freight
cars received in April and this pres
ent month. were the first installed. In
June the railroad will receive from the
American Car and Foundry company
two baggage cars, four first-class
coaches, two smoking cars and two
combination parlor cars.
Justus Billings and Alexander Vail
quette of Rutland, each about 20
years of age We're badly injured Sat-
urday, May 10. in a runaway acct
dent. Mr.. Billings's horse became
frightened at an automobile and ran.
throwing the odd man out tearing one
ear nearly off and making a bad
scalp wound. The horse struck Mr..
Valiquette, who was crossing the
street, one of the thills inflicting a
bad wound in his temple and lacerat-
ing the whole left side of his face.
Both men were picked up unconscious.
DIR. d. X. Pearsons of Chicago, who
/ has given literally for schools and
colleges. has offered $4,000 to Mont
pelier seminary. conditional on the
raising of 100000 additional from
other sources and the using of the do
nation as an endowment and not for