Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1905-05-05
THE MARY ROGERS CASE.
Hearing Before Supreme Court Judg-
es on New Evidence.

eS on Now GViueHCos
A hearing before Chief Judge j, w
Rowel and Judge Loyeland Munsoi
of the supreme court was held Fri
day evening, April rs, at Montpelier
to determine whether the attorney
for Mrs. Mary Rogers shall be allowed
to present 10 the court at Its May tern
a petition for a new trial. Thomas w
Mooney of Rutland represented Mrs
Rogers and Attorney General c. c
Fits of Brattleboro and States Attor'
ney w. r. Daley of Bennington Were
present for the state. After hearing
the petition signed by Mrs. Rogers
and the affidavits accompanying 1t
Judge Rowell intimated that there
would be no question as to the matter
being allowed to be entered with the
court.
The affidavits covered the newly
discovered evidence on which Mrs
Rogers's supporters base their hope
for a new trial The afiidavits of Dep
uty Sheriff w. S. Lowell of Windsor
Il. w. Cakes, formerly state prison
superintendent, and Il. b. Flynn OF
Springfield, stated that Leon Perham
Mrs. Rogers's accomplish In crime. told
In their presence of lying on the wit
ness stand TO save himself. There was
also statement from Louis Haussler,
a Hoosick Falls undertaken. who pre-
pared the body of Mr.. Rogers for
burial.th he found a compound frac-
ture of the skull, showing that death
might have been caused by blow on
the head instead OF chloroforming.
DR.. Leroy d. McWayne's affidavit
was TO the effect that ne had been eau
toned by Mr.. Rogers not to sell Mrs.
Rogers poisonous drugs, and when he
refused TO sell her the same two days
before the murder she threatened his
life Other afiidavits were intro
dued showing that as a girl Mrs. Rog-
ers was backward in her studies,
dressed queerly and showed signs of
mental and moral weakness, that one
of her uncles was committed to an in
sane asylum because he attempted 70
take his own life; that Mrs. Rogers's
father several times attempted to Kill
her when she was baby threatening
both her life and that of her mother
and that Mrs. Rogers was only fifteen
when she was married
DIR. McWaynes affidavit also at
firmed that Mr.. Rogers believed his
wife to be mentally unsound; and
that when she visited him two days
before the murder and asked him Tor
dangerous drugs. he saw that she
was mentally unhinged. A later exam
nation as to her sanity convinced
him that she was suffering from puer-
pural insanity
James c. Riley, an insurance Off
cial. made affidavit that it was at his
request that Mary Rogers came to his
office on the day on which she came to
prove the death. etc. Mr.. Riley fur
Their says that he once called upon
Mary Rogers TO try to persuade her
to pay an overdue premium on the
policy in question. The woman re-
fused to do it, in spite of the explana-
ton made ito her that the policy would
lapse unless this money were paid |.
was only after much persuasion that
the woman consented to promise to
write to her husband asking him to
pay the premium.
Attorney Charles A. Mccarthy Of
Hoosick Falls explained through af.i-
davit the delay and opposition from
in getting the evidence OF in
sanity in Mrs. Rogers's family. He ad-
vocated the appointment of COM
mission to sit in New York state to
compel the testimony of witnesses who
are outside the jurisdiction of YER
mont courts. The hearing was held
open pending the introduction of two
more affidavits, those of Attorneys
iuiltinan and F. C. Archibald coun-
sci for Mrs. Rogers at her trial. Re-
yarding these affidavits Mr.. Mooney
stated that all he expected to prove
s that counsel did not know the facts
presented in the petition, namely, that |
he death Of Marcus Rogers was caused |
~ a blow on the head; that they knew |
nothing of any history of insanity or |
endency toward insanity in the fam |
ly of client or in herself: that they |
lid not know that Mary Rogers had |
rome to the insurance agency to Sc
ure the money on her husbands pol
cy at the instance of the agent and
lot on her own initiative; that the
rider of the prisoners intelligence Is
o low that she did not know enough
O advise them of these facts.
The hearing was also held open TO
i've the state time to make final
ecsion as to how to meet this pc
ition. States Attorney Daley is the
ttorney who defended Louis Perham
t the Rogers murder trial and was