The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-29
Mary Rogers Case May Go
To Highest Court
ON A WRIT OF ERROR
Mrs. Rogers Has Not Yet Been
Told Of The Decision
Against Her.

Montpelier. May eg.-Tho decision
81 supreme court Saturday afternoon
denying Mrs Mary Rogers a new trial
was hardly rendered before her coun-
sci was besiogcd with requests b. take
the case % the supreme court OF the
United States on a writ 81 error
such az appeal b 4 said will involve
an expense - fully $1,000.
T. vs.. Molouoy 10 response 90 an I'M
quiry said be- could not tell definitely
until tonight what action would be 20.
ken regarding 40 appeal 20 the su
premc court Of the United States but
he thought likely that 10 would be-
made.
Attorney senier said that q writ Of
error would be prepared and dled with
the clerk OF the Vermont suprcmecourt
This writ 81 error. be- explained, would
then be entered with the clerk OF the
United States supreme court. This.
he said, would virtually act as a stay
OF execution. Mr. Senter said he was
confident that Mrs Rogers would not
be executed on Friday next
There Is no hope Of executive elem
ency for the unfortunate woman. Gov
Bell made It plain when he granted a
reprieve that he did so only that the
new evidence might be fairly present
ed TO the supreme court and not be-
cause he had any purpose OF interior
ing with the verdict Of the court. II
will be useless to appeal 10 him again
The supreme court chamber was
crowded when the decision was read
Saturday by Judge Watson.
All the judges were present save
Judge Start. The decision was read
by Judge Watson, who reviewed the
crime and trial in the lower court.
He said that the testimony of Leon
Perham had not been materially
changed or shaken. The atlantis had
stated that he confessed that he had
lied but did not tell what he had lied
about. His testimony in the lower
court had been strongly corroborated.
The afiidavits of Flynn, Lowell and
Oaks we're not material as a basis for
"a new trial.
About the fracture OF the skull the
confession Of Perham had been made
to infer that be had committed an as.
sault upon. Rogers and struck him in
the head, but this was merely a matter
Of conjecture. 1t was uncomfortable
that the fracture could have existed
and not have. been discovered by the
doctors.
In spite of the evidence introduced
and ahidavits produced the court
"can have no reasonable doubt but |
that the petitioner, at the time of the
h omicide, was of the mental ability to |
distinguish between right and wrong,
and to comprehend the nature OF the |
crime which she was to commit and |
that she had sufficient will power to
enable her to refuse to commit it.
1t was through deliberate exercise
Of will .power that the crime was COM
mitted. She deliberately planned to
make il appear that her husband COM
mitted suicide to conceal her crime.
In her appearance at the inquest she
affected ignorance of the means OF her
usband's death, in the hope that the
theory OF suicide might be adopted.
She was sound and healthy in mind,
not weak and disabled, intelligent,
not unintelligent, she acted with the
reason Of sanity, not as one insane
and the evidence showed that she was
guilty of murder, of wilful, deliberate
killing.
After careful consideration of the
new evidence it does not appear in
our Judgment sufficient to warrant
new trial. 1t the opinion of the court
hat the petition ought to be and it is
-.