The Barre daily times. (Barre, Vt.) 1897-1959, 1905-05-19
FIRST ARGUMENT
THIS AFTERNOON
Attorney T. W. Moloney bf
Rutland Argues That Pet
ham, Whose Direct Testt
money Convicted the WO1
man, Perjured Himself.

Montpelier, May 19.-- Mary NJ. Rog-
ers, sentenced to be banged next month
Tor numbering her husband, Marcus Rog-
ers, at Bennington in August 1903, be
gan through her attorneys, her last APP
peal for a new trial before the supreme
court Of Vermont this morning at nine
o'clock. The business of the court was
set aside that the petition of the con-
denned woman might be heard. Mrs.
Rogers was sentenced to be hanged on
February Q, last, but Gov. Bell granted
q stay Of execution the day before the
sentence was 70 have been carried out.
in order that the woman might petition
the supreme court for new chance for
life.
Attorneys ], W. Moloney of Rutland
and ]. II. Senter Of Montpelier, Who had
interested themselves liz the woman,s
case, have been busy all the week pre.
pairing the briefs which were presented
today. Last evening Attorney Charles
a. McCarty OF Hoosick Falls. Il. ~
joined them. He secured many affi-
davlts from the vicinity Of Hoosick
Falls, the place OF the woman's early
HE, bearing upon the insanity in the
Weinan's family. 1t is on This that
the lawyers largely base their petition
Tor new trial. Attorney General G.
q. Fits Brattleboro and states
Attorney ". r. Daley Of Bennington
county, who have also been busy this
week preparing briefs in opposition TO
the granting Of a new trial, arrived in
town last night.
The complete supreme court bench
heard the arguments. Judge John II.
Watson who presided at the term Of
bennington county court and who sep
fenced the woman to death. sat with
his associates, not being disqualified be-
cause no exceptions to any rulings In
the lower court are involved IN the pe-
tition. II is not expected that the
hearing will be concluded before late in
the day and II may be continued to-
morrow
There were not Il great many spec
tators present, contrary to the expee-
tation, and Sheriff Tracey had no trou-
Bile in seating them.
Attorney Maloney occupied the entire
forenoon session ia his argument IN Ia
tor Of the petition, and resumed this
afternoon. He first read d string af
aflidayts, using three-quartefs OF am
hour in thai alone. Then he branched
out into the discussion.
HIS argument included, ~ the testi-
fnony Of Leon Perham, in state prison
iof being IN aceOHplice OF Mary Roa
ers, that he lied during the trial to
save ms own neck, (21 that Perham's
testimony WIS the only direct evidence
against the condemned woman, the pros.
eeutlon admitting that he was the onlx
person present ut the killing except Roaa
afs and his wife, (a) that compound
fracture Of the skull showed that death
might have been caused by a blow. !
theory entirely foreign to anvthino
brought out during the trial. (4) that
there Was insanity In Mary Rogerss
amiiy, 90 that Mary Rogers herself
Nas queer, dull and not III her rioh1
nind at the time OF the commission of
he crime
Attorney Moloney declared that ha
vas within Is feet 0f d house ana fhaf
rogers could not have been overcome
without an outery being heard. sub-
the assertion that Rogers
nay nave been struck down by blow.
'lace where the crime was committed
ne fracture Of the skull bearing ouf
he theory.
Mary Rogers father was addicted Ia
lleoholies, her mother was Of 4 low
ype, declared the attorney Other rei-
ltiyes were unbalanced, and the mnr.
lered man himself had short fine
'efore he was Killed, warned drn9-
ilst not 70 sell any drug to Mrs. Ro@-
rs because She was not in her rsgTt
mind. 's7''s