Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-06-22
That Mary Rogers May
Not Be Executed.
Question Of Illegally Argued
In Court Of Appeals.
Favorable Decision Will Free ner.-.If Not,
Appeal viii Be Taken.

BrattleDOrO, W., June Il.-NiaTy NJ
Rogers arrived at BrattlebOro from
Windsor, this afternoon. during storm
of rain which fell almost in torrents
She was at once driven to Brooks Ho-
tel to await the opening Of the hear
ing which was to take place at the
probate court directly across from the
hotel.
Few people had assembled at the
railroad station on account of the driv-
ing rain. The journey from Windsor
was without especial incident. One in
cident, however, which formed a con
trast to the nature of the journey, wa,
the arrival on the train at the station
of a wedding couple. attended by a
shower of rice and the cries of goOa
cheer of the friends of the bride and
groom.
A few moments later Mrs. Rogers
was taken to the probate court office
after a brief visit to the Office of At
torney General Fits. The hearing was
soon started before Judge Wheeler.
The public was not admitted and the
press representation was limited to
four newspaper workers.
Judge f. NJ. Butler Of Rutland, one
Of the attorneys for Mrs. Rogers, made
the opening argument. He said that
the Vermont statutes provide in capital
cases that upon a petition for new
trial the sentence of execution shall be
stayed if the supreme court allowed
petition to be filed. The statutes fur
thur provide that if a petition be filed
and dismissed the supreme court shall
fix the time when the execution shall
take place.
No one but the supreme court, Judge
Butler. claimed, had the power to fix
the time, but Gov. Bell had attempted
to do this by way of a reprieve, al
though Mrs. Rogers had been granted
no opportunity to be heard before the
governor or any tribunal.
Judge Butler said that although the
state law and state constitution pro-
vided that there should be supreme
courts in every county there has been
no supreme court in Bennington county
since the passage of an act in 1892
which fixed the place of meeting of the
supreme court in the county OF WASH
ington.
Mrs. Rogers" said Judge Butler, ''is
rant of the county court, without an
opportunity to have the law questions
that was raised in the county court
settled in a court of appeal. There
fore, Judgment is not final and the exc
cution issued from that court is void.
No reprieve can fix the time of execu-
ton upon a void process. and that is
not due process of law. The law TAX
ing the supreme court away from Ben
rington county abridges Mrs. Rogers
right of trial under the constitution of
the United States"
Attorney Gen. Fits argument was
brief. He cited the StOrti and DurraGt
cases, which were carried to the SUI
preme court of the United States. to
show that the question of reprieve and
the constitution and laws of Vermont
relating thereto was n question for the
state court alone, and also to show
that all questions regarding the action
of staying execution and resentencing
by the state court are questions for
the state court and no other tribunal.
Mr.. Fits charged that the attorneys
for Mrs. Rogers were trying to secure
delay and nothing more. He declared
that they We're trying ito get into the
supreme court of the United States
through the back door when they could
get in through the front door If they
rad any case"
T. w. Moloney of Rutland. Of coun-
sci for Mrs. Rogers. declared that the
hearing on = petition for habeas cor
pus for Mrs. Rogers release was on
the ground that she was not legally
held in custody. If her attorneys had
failed to notice errors in the trial at
the county court it would not be civ
ilization and justice to prevent them
taking these matters up afterwards.
The hearing adjourned at 4.30 P. NJ.
and it is expected that Judge Wheeler
will render his decision soon after
court opens. at 9 o'clock tomorrow
morning. Should the court grant the
petition Mrs. Rogers will be n free wo-
man, and if the petition is denied an
appeal will be taken. This action will
carry the case into the United States
circuit court Of appeals.
Mrs. Rogers was taken back to
Windsor on tho train leaving here at