Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1905-06-29
MRS. ROGERS AGAIN RETRIEVED
Judge Wheeler Allows Appeal to Fed
eral Court on Law Points Raised.

Mary Rogers will not hang before Dec
s next, if ever. The motion OF her attor-
neys for her release was denied, but an APP
peal was allowed, which served as a stay,
and in order to keep Mrs. Rogers within
the states jurisdiction Gov. Bell last
Thursday granted a further reprieve Ia
Dec. s, giving sufficient time for the feder-
al court to determine the questions raised.
Mrs. Rogers was taken from her solitary
cell in Windsor last week Wednesday for
the hearing before Judge H. H. Wheeler
of the U. S. circuit court. She was ac-
companed by L. S. Marshal H. w. Bailey,
Superintendent Lowell and Matron Dur
kee. Curious crowds met her at the sta
tions. She apparently enjoyed the expe-
rience.
At Brattleboro there was a two hours
hearing, at which the points raised were
argued by Judge Butler. and T. w. Mo-
loney OF Rutland and Z. b. Finn OF
Springfield for the prisoner and Attorney
General Fits for the state. Decision was
reserved until O'Clock Thursday morn
ing.
A photographer and reporter of the Bos-
ton American were arrested by order of
Judge Wheeler for taking a snapshot of
him as he was entering the court house
and held under $500 bonds for contempt of
court.
In his decision. Judge Wheeler criticised
the procedure OF the state courts. without,
however, specifically pointing to any par
ticular feature OF the prosecution which
did not meet his appreciation. He did not
believe he should take it TO be within his
province to grant the petition, which
would have meant the woman's release.
The judge thought it would be well for a
higher court to pass upon the questions
involved. Among these questions were
contentious of the petitioners counsel
that Mrs. Rogers rights had been violated
because of the failure to esta blish SUI
preme court in Bennington county and
because Mrs. Rogers was to be executed
upon a warrant of the county court with
out an opportunity to have the law ques-
tions raised ia county court settled in
court of appeals. These points, the court
found, formed basis of important ques-
tions OF law.
He said the effect OF the governors re-
prieve had been to keep the prisoner in
solitary confinement not only during the
three months specified by law, but for the
entire time since then, and also since the
dismissal Of the petition to the supreme
court. This, he said, appeared in viola
tion OF the law. He said, however, the
matter was not sufficiently clear to him as
direct violation of the federal constitu-
tion and statutes to warrant his diseharg-
ing the woman. The appeal will carry the
matter to the supreme court OF the United
States.
Judge Wheeler's findings were at once
followed by the filing OF an appeal. He
announced that he would render mis- de-
cision upon the question of appeal late in
the afternoon in order 20 give Gov. Bell an
opportunity to reprieve Mrs. Rogers. He
gave the attorneys to understand that he
would grant the appeal, and intimated
that he would remand Mrs. Rogers to the
k..I
which would, in effect, bring about stay
OF execution, provided Gov. Bell did not
sign a reprieve. Gov. Bell signed the re-
prieve Thursday afternoon, after which
Judge Wheeler allowed the appeal to be
entered.
Mrs. Rogers was returned to her Wind
sor cell Wednesday afternoon. In COM
pliance With Judge Wheeler's order, she
was removed from solitary confinement
and given her old quarters, with room
mate. So long as Mrs. Rogers remains in |
the custody OF the federal government she |
cannot be required to labor or wear the
prison garb.
Sheriff Peck visited Mrs. Rogers Friday |
and read to her the repriege signed by Gov.
Bell. Mrs. Rogers listened to the reading /
quietly and when finished thanked the |
sheriff and gave expression TO her graft |
tude for the kindness shown her at the |
prison and for the untiring efforts OF her /
counsel to save her life.
With regard to the letter sent by Lloyd 1
Clark, brother OF Admiral Clark of the L. |
S. navy, asking that in case Vermont dis
graced herself by the hanging of Mrs. |
Rogers the admirsl's picture in the state 1
capitol be turned to the wall, Admiral /
Clark has written to Gov. Bell disclaiming |
for his brothers act, but |
that he prefers the Rhode |
Island method of life Imprisonment to the i
lnfiiction of capital punishment.