Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-06-22
Il Judge Wheeler Grants Mary
Rogers Petition She Escapes
Gallows.
DECISION : is uoRvlNs
loncy's OrNtory.

Rrattleboro, June o1.--It seems now
surer than ever that Mary Rogers, the
condemned murdcrcss. will not be ex-
eCuted at Windsor on Friday after
noon and it is possible that before the
time fixed for her execution she Will
walk out of the state prison free
woman Should the petition argued
before Judge Hoyt n. Wheeler Of the
United states Circuit Court here to-
day be granted she will he free. II he
denies IT. II is expected her attorneys
will take an appeal to the tinted
States Circuit Court of Appeals ana
this will stop the execution until al
ter the appointed time. The decision
will be given by Judge Wheeler to-
morrow morning at nine o'clock.
Constructively Mrs. Rogers is in the
custody of United states Marshal
Bailey. n the petition argued to-day
Is denied she will 60 back to the Gus
todv Of the state and will remain IN
prison rending the hearing OF the ap-
peal.
Narv Rogers was brought to this VII
lave this afternoon on the 2:iI train from
Windsor accompanied by Supt. w. >.
Lowell. ShcrifY n. X. Peck. Deputy Shef-
IN ]. H. kiniry. Miss Durfee. matron'
and Raymond Wood a guard OF the state
prison. and L. S. Marshal H. W. Bailey
of Rutland. Their coming had not been
announced and there were comparatively
few people at the station wher the train
arrived. Closed carriages were in watt
ing and the party accompanied by Attor-
nty-C;eneral Fits who joined tire party
at Fellows Falls. entered the carriages
and werc driven directly to Mr.. Fitts's
office. After a brief consultation here
Mrs. Rogers and the others walked to
the probate office, where a hearing vas
held before Judge Wheeler on petition
for a writ of habeas corpus.
An extended argument in Mrs. Rogcrs's
behalf was made by Judge NJ. r. 2utler
of Rutland He claimed that Mrs Rogers
is now confined in prison on a writ issued
by Gov. c. j. Bell and not under a sem
,erce from competent court: that the
law of 1892 taking the supreme court away
from Bennington county had abridged
her right Of trial vnder the constitution
Of the United States. He alleged there
rad been no opportunity to have the law
points raised in the county court settled
IN court OF appeals. therefore the judg-
ment was not final ard the execution
issued from that court is void.
Attorney General Fits answered briefly
Mr.. Buffers argument. He said that her
lawyers were simply trying to secure a
aelay, nothing more. He referred to their
Action as a mere subterfuge and said they
were trying to get into the United States
Bupremc Court by the back door when il
they had any case at all they could enter
by the front door.
T. ". Moloney of Rutland replied with
fail tA 1av
points that were covered by Mr.. Butler.
During his remarks referring to Mr..
fitts's imput a tions Mrs. Rogers gave way
and wept.
1t was the only time during the pro-
She listened to the arguments calmly
holding a handkerchief before her face
while the lawyers were speaking.
When Mr.. Moloncy finished the court
took recess until tomorrow morning
10 allcw the of1icers to whom the writ was
Issued to make returns to comuplete the
records of he court. The only business
tomorrow will be the decision Ivy Judge
Wheeler.
At the close Of the hearing Mrs. Rog-
rs walked with the officers to the Brooks
house whore they waited an hour. They
then went to the station in closed car
riages where wait Of 20 minutes for
the train was necessary. BY this time
the news Of her presence had spread
and there was a crowd of several hun
hred people at the station to get a
glimpse of her. During the wait she was
kept away from the people as much as
possible to avoid the annoying gaze OF
the curious. The party took the train
TOR Windsor at $50 The officers will
bc here tomorrow to hear tho decision
sut Mrs. Rogers will not be present.