The Washington times., 1905-06-22
The Case Now Goes to
United States Su-
preme Court.
YEARS DELAY EXPECTED
State May Abolish Capital
Punishment Before Case
Is Decided.

BRATTLEBORO VT, June 22.-Mary |
Rogers, convicted of killing her hus-
band, Marcus Rogers, by chIoroform.
will not hang tomorrow. Until after t
the Supreme Court of the United
States has passed upon the case, Mrs, /
Rogers will remain in the Winds'r State |
prison. She will proba oly naTcr hang. |
as it will be a year before the court |
at Washington can dispose of her case, |
and by that time the Vermont State |
Legislature will, it is expected. have re-
pealed the law of capital puili..lI:le,li |
United States Circuit Judge Hoyt
Wheeler this morning denied re pcti-
ton to dismiss Mrs. Rogers :.n Tic
writ of habeas corpus, but s;iii lie
would grant an appeal. which he would
issue tonight. Attorney General Fits
asked that the appeal be not granted
until he had Governor Bell a White
River Junction tonight, when a i-I.-!cve
would be granted, STAYING the t&ccp-
ton until after the SIoreme Court OF
the United States had acted. This will
keep Mrs. Rogers in custody of the
State of Vermont and prevent compii-
cation with the Federal authorities,
who virtually have charge of her pend
ing the disposition of the appeal.
Federal Questions Opened.
|. When court opened this morning the
written return of the writ of habeas
| corpus was submitted by Attorney Cen
eral Fits. and Judge Wheeler in giving
his opinion said that certain Federal
questions had been opened by this pc
tition. Judge Wheeler intimated that
the State had no right under its laws
to inflict solitary confinement on a
prisoner before an eyerUfiOp
Under the State law a prisoner must
be held in solitary confinement for
three months before the execution This
the Supreme Court of the United States,
said Judge Wheeler. had found to be an
additional punishment and one that is
! separate, severe. and hard to bear.
Consideration OIL this led me to grant
the writ said Judge Wheeler. The
question is whether to take this woman
from the State authorities to the Fed
ersl courts because she is enduring this
unusual punishment. Further. the Su-
preme Court of the United States, and,
! in fact, all the courts of the land have
held that a prisoner must be present
when sentence is nassed l cannot
though, discharge the prisoner on this
petition, and 1 direct that the petitioner
| be remanded to the custody of the
State officers
Appeal to Supreme Court.
Judge Butler. one of Mrs. Rogers
counsel, arose and said:
Il suppose that the prisoner is en-
titled to an appeal. as she is now in the
custody of this court. We now move
for an appeal and will file the papers. -
ITO the Supreme Court of the United
States. l suppose said Judge Wheeler.
Yes" replied Judge Butler.
Attorney General Fits made no eff
i fcrt to oppose the motion for an ap-
peal, and addressing the court, said:
IF this court should consider finally
to grant the appeal, 1 ask that it be
not granted until I can advise with the
State authorities as to getting a re-
prieve, which would do away with COM
plications between the State and Fed
eral authorities as TO how she should be
held
Il may simplify matters by saying
that l think l shall allow appeal in
this case said Judge Wheeler. Il
want to further say that in remanding
her TO the State authorities she should
not be held in solitary confinement"
Rep1ieve Will Be Signed.
LAS the record now stands said At
torney General Fits, ''she is to be re-
mandcd to the States authorities.
nave arranged to meet Governor Bell,
Sheriff Peck, and Superintendent Lowell
at o'clock this evening al White River
Junction The reprieve papers, which
have been prepared for such contin-
gency for two weeks, will be signed and
shall advise you at once by telephone. >
Then 1 will not grant the appeal un-
til l hear of the reprieve,' said Judge
Wheeler
1t was finally decided, though. that the
court would adjourn until 4:30 this al
ternoon and that Attorney General Fits
i should leave al once for Mortified. Vt
to see Governor Bell at the Mortified
University and secure the reprieve. He
! said he would communicate with Judge
: Wheeler by telephone.
AS a matter of fact even though Gov
: erpor Bell should decline to make {
! further reprieve, which OF course, h
! would not do while a point of law IN
volving life death was in question. al
appeal granted by Judge Wheeler act.
as stay of execution. IF the Suprem,
Court of the United States decided ad
+. yerseiy Mrs. Rogers would have TO b.
resentenced by the Vermont suprem,
court.
Bv such time the new State Legisla
ture will have convened and repealed
= the law on capital punishment. which
will be the big political question in tb'
next State campaign.
SI.a5 to Baltimore and Return, SI.75