The Barre daily times. (Barre, Vt.) 1897-1959, 1905-04-29
Her Petition For New Trial
Presented Last Night.
GROUND, NEW EVIDENCE
Many Affidavits Presented to Two SUI
preme Court Judges Which Tended
to Show Insanity in the
Woman's Family.

Mary Rogers from her prison cell at
Windsor, where she il held for execu-
tion for numbering her husband, Mar
Gus Rogers, sent up 4 petition to two
judges Of the Vermont supreme court
at Montpelier last evening for new
trial, claiming that she was wrongly
convicted of murder in the first degree
in the Bennington county court and
praying for another chance for life on
the ground of newly discovered evidence.
Her petition was REINFORCED by many
affidavits to show that she was weak.
minded, that she was .of a Degenerate
father, that relatives were insane and
finally that Mrs. Rogers herself was
not sound mentally. Owing Co the non
arrival of the afiidavits of two attor-
neys who defended her in court the hear
ing was held open until time has been
given to secure them.
Chief Judge j. w. Rowell and Judge
Loveland Munson received the petition
and the afiidavits, in the parlors of the
Pavilion Hotel, from T. w. Malonev.
a Rutland attorney who has interested
himself in the woman's case. The state
was represented by Attorney General
9. G. Fits and the states attorney of
Bennington county, w. r. Daley. Mr..
Moloney said that the case was tried
on the theory that strangnlation was
the cause of the death. The undertaken
at Hoosiek Falls, N. Y, said there was
compound fracture of the skull,
wound which was not made after the
body came into his possession.
NJ s. Lowell, now superintendent Of
the state prison, by affidavit, said he
was present at the interview January
81 last when Leon Perham stated that
ne lied about Mary Rogers to save his
own neck.
Mary A. Hale said that in school at
Hoosick Falls Mary Rogers was the
butt Of the ridicule because of peculiar
ties she was weak mentally and of
q very low order Of intelligence. Charles
Cocheran OF the same town testified
along the sane line, as did Ellen II.
Coeheran, William Stinto of Hoosick
Falls observed that Mary Rogers was
weak mentally, when she worked for
him.
Barney Smith Of Hoosic< Falls said
that an uncle of the woman once tried
TO commit suicide and that he later was
pronounced insane. Teresa Smith said
the woman was weak mentally.
Jane Smith of Petersburg, n. Y. said
she attended Mary Rogers mother when
Mary was born, the father, Charles Ben
nett, man of low order, tried to kill
the child by strangilation, also threat
ening the mother. He was victim of
moral insanity.
Both the parents, declared William
Brant of Hoosick Falls, were of low
degree of intelligence and that Mary
Rogers had some of the same peculiar
tiles. a practicing physician, L. b.
McQuain, said that he had been re-
quested two days before the murder
by Rogers not to give the woman drugs.
and that when he refused her she flew
into anger and threatened to kill him.
He thought the woman had puerpuraI
insanity caused by pregnancy.
q. a. McCarty, an attorney, said that
he had been hindered in getting evidence
by an aunt of Mary Rogers who OBJ.
iected to its being brought out there
was insanity in the family.
The town clerk OF Hoosick Falls pre
sented an affidavit which showed that
Mary Rogers was fifteen and half
years old when married. DIR. r. q.
Hall testified that Mary Rogers was de-
livered Of q child while she was at the
house Of correction awaiting trial for
murder