Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1905-12-02
MRS. ROGERS MUST DIE.
The Supreme Court Without Juris-
diotlon In Her Casa.

The United States supreme court
on Monday, Nov. Fl, decided that
it is without jurisdiction in the case
Of Mrs. Mary Rogers, the condemned
Vermont murderess, affirming the
decision of the United States district
court of Vermont. Ii neither Gov
ernol Bell nor the state courts take
action in the case, execution will
take place Dec. 8.
The opinion concluded with the
order that mandate he issued inn
medutcl,. This will Of viate the
raising Of the question Of a possible
postponement of the day of execu-
ton.
The present appeal was from the
United States district court for the
district of Vermont which, after Mrs.
Rogers lad been sentenced for MUIR
der, and thrice reprieved by the gov
ernor of Vermont, declined to re-
lease her on writ OF habeas corpus.
The grounds upon which the appeal
was made 10 this court and which
were argued Nov. 6 were four in
number, as follows:
First, that Mrs. Rogers is de
prived OF her liberty ana inject TO
the punishment of solitary confne-
! ment without any statute autholiz-
ing such punishment, and without
an, sentence of any court directing
such punishment, and therefore
without due process OF law.
Second, because the state supreme
/ court, having. taken jurisdiction OF
the petition for new trial and hav-
! ing failed to comply with the law
by ordering a stay of execution and
bv fixinga new date for the eXecu-
ton, the governor had no right to
fix such day. The sentence OF eX-
ecution Dec. s, counsel contended,
is therefore void.
Third, the failure Of the state to
maintain an appellate court in Ben
nington county as provide1 by the
constitution deprived appellant of
her rights to be heard by court OF
competent jurisdiction, and the es-
tablishment of the supreme court in
Washington county gave the people
of that county privileges not pos
sessed by the people of the other
thirteen counties of the state.
REPORTERS ARE BARRED.
Sheriff H. H. Peck, after consult
ing with Attorney General Clarke
T.. Fits, announced thatihis decision
to exclude all newspaper men from
the Rogers hanging is unchanged
by the interview, and that he will
limit Il e number of spectators to
twelve in accordance to the Vermont
statutes.
GOV. BELL WILL NOT INTERFERE.
When Gov. Bell was informed at
Walden of the decision of the SUI
preme court, he said: 81 stand on
the same ground that | have hereto
fare" Gov. Bell has firmly refused
to interfere with the decisions Of the
courts, and though lie has granted
several reprieves it is clear that he
will do nothing mole to save the
woman from the gallows.
MAY MAKE ANOTHER EFFORT.
E. B. Finn, one of Mrs. Rogers
attorneys, after an interview with
her, announced that when the text
of the United States supreme courts
decision reaches them, he and the
woman's other lawyers, Butler Il
Mdloney Of Rutland, and Charles
Mccarthy Of lioosick Falls, N. y,
will meet, consider the case and de-
eide what can be done to save the
woman. They will be aided b,
tt.res er-four- prominent MSrrl4ant
lawyers who are interested in the
case, and it is probable that new
evidence will BE- discussed.
MRS. BLICKENDoRFR ACTS.
A Stamford, Conn, despatch
says: As last resort TO save the
life Of Mary Rogers Mrs. William
!. Rlickensderfer and the attorneys
who are aiding her will Try to have
the body OF Mrs. Rogers husband
exhumed, to show that death was
caused by blow on the head struck
b, a stronger person than Mrs. Rog-
ers. Mrs. Blickensderfer wrote to
the murdered mans relatives asking
for permission to exhune the body.
STAFFORD IN CHARGE.
Owing to his feeble health from.
heart trouble, Sheriff H II. Peck
has appointed Deputy Sheriff Ro-
maine A. SPaffnrd OF White River
Junction to attend. to the rrepara-
tons at the state prison at Windsor
tor the execution of Mrs. Mary Rog-
ers, the condemned murdere>s, Dec.
8, and to carry the sentence OF death
into effect. Mr.. Spafford will Sc
lect the deputy sherifts who are to
assist him and the management ct
the whole affair at the prison will be
in his hands.
IAannnTAM-r RI nDIINnIcTc