Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-05-29
Mary Rogers, vsrmont's
Convicted murderesS.
Two Judges Dissent lease VIII
j Be Carried Still Higher


Nontnelier. VT, May 28-Mrs. Mary
NJ Rogers. the convicted rnurderess OF
her husband, Marcus Rogers of Ben
nineton. VT. was denied new trial.
saturday, in a decision handed down In
the Vermont supreme court. Two of the
justices dissented. Counsel for Mrs.
Rogers after appealing i'm vain for an
cpportunity to present additional newly
disco. cred evidence before the court,
and TO secure continuance of six
weeks announced their intention of
carving the case to the United States
s,,preme court. A writ OF error will be
presented to the State supreme court
for the Endorsement OF the chief justice
and clerk and will then be filed with
the clerk of the United States supreme
court The endorsement of the writ Of
error by, the chief justice Of the Yer
mont supreme court will act as a stay
of execution.
In carrying the case to the United
States supreme court the counsel for
Mrs. Rogers will have exhausted every
means in their power in behalf OF the
prisoner. On Friday next, the reprieve
granted Mrs. Rogers last February by
Gov Hill will expire. II her counsel
United States supreme court previous
to Friday. the woman will be hanged
as Governor Bell granted the reprieve
only for the sake OF allowing Mrs. ROg
ers' counsel to present newly discovered
evidence to the state supreme court.
Having secured Il reprieve Of her SEN
tence from February last until June
by the governor on the ground that
they had discovered new evidence. they
presented this evidence with a petition
for new trial to two justices of t..
supreme court who decided that hear
ing on the matter should be given be :
fore the full bench. Justice John Wat
son in announcing the decision of the
court. today declared that the evidence
had been found insufficient to form
grounds for Il new trial; that evidence
tending to show that Rogers met death
otherwise than was shown in the trial
of Mrs. Rogers was not convincing.
and. finally that the woman was of
perfectly sound mind at the time OF
the crime. Accordingly the petition was
denied.
Two of the judges. Seneca Hezelton
and George NJ. Powers. Gissented from
The opinion of the majority. The dis
senting opinion which was read by
Judge Hazelton. expressed the belief
that a new trial should be granted on
the ground Of insanity. The opinion
treated the woman's family history Ia
n considerable extent and expressed the
Relief that the woman's homicidal ten
Gcncy was the result OF heredity.
After these opinions had been read.
Attorney John Fl. Senter, Of this city
of counsel for Mrs. Rogers, asked per-
mission to file additional affidavits con-
tanning newly discovered evidence that
Tad not been presented to the court.
This request was denied. Mr.. Senter
then asked for a continuance of six
weeks in order that the case might be
prepared for the United States supreme
court. A consultation between the
Judges and Attorney Senter and Ed
ward IL. Dewitt. his associate, was held
The court. however, decided, however.
that six weeks continuance was I'M
necessary because i'm the opinion of the
judges there would be sufficient time
hcfore Friday the date set for the exc
cation. to get the case before the Unit
ed States supreme court
Attorney Senter said that a writ of
error would be prepared and filed with
the clerk Of the Vermont supreme
court. The writ of error he explained.
would be Endorsed by the clerk of the
court and by the chief justice and would
then be entered with the clerk of the
United States supreme court. This. he
said. would virtually act as a stay OF
execution.
MIR. Senter said he vas confident that
Mrs. Rogers would not be executed,
Friday next