The Barre daily times. (Barre, Vt.) 1897-1959, 1905-06-22
WILL NOT HANG
TOMORROW
Mary Rogers Will Escape
The GallOwS
AND PROBABLE FOREVER
Judge Hoyt Denies Habeas Corpus Writ
But Allows Case to Go to
United States
Court.
AND PROBABLE FOREVER

Brattleboro, June 22.--Marv NJ. Rog-
ers will not hang tomorrow for the
murder of her husband, Marcus Rogers.
Judge Hoyt III. Wheeler of the United
States circuit court will grant her APP
peal tonight, when the case will be
taken to the United States supreme
court Governor Bell will grant a fur
ther reprieve tonight.
Judge Wheeler denied the petition to
dismiss Mrs. Rogers on the writ OF ha-
beas corpus, but said he would grant
the appeal and that it would be issued
tonight. Attorney General Fits asked
that the appeal be not granted until he
had met Governor Bell at White River
Junction tonight, when a reprieve would
be granted staying the execution until
after the supreme court has acted.
This will keep Mrs. Rogers in the
custody of the state Of Vermont and
prevent complications with the federal
authorities.
Mary Rogers was brought to this viii
iage on the 2.17 train from Windsor,
accompanied by Supt. w. S. Lowell,
Sheriff Fl. H. Peck, Deputy Sheriff J..
Fl. Kiniry, Miss Durfee, matron, and
Raymond Wood, guard of the state
prison. and U. S. Marshal III. w. Bailey
Of Rutland. Their coming had not been
announced and there were comparatively
few people at the station when the train
arrived. Closed carriages were in watt
ing and the party accompanied by At
toruey General Fits, who joined the
party at Bellows Falls, entered the car
riages and were driven directly to Mr..
Fits Office. After brief consulta-
tion here Mrs. Rogers and the others
walked to the probate Office, where the
hearing was held before Judge Wheeler
on petition for writ of habeas corp
us.
An extended argument In Mrs. Rog-
ers' behalf was made by Judge nj. f..
Butler of Rutland. He claimed that
Mrs. Rogers is now confined in prison
on writ issued by Gov. c. j. Bell
and not under sentence from q COM
petent court; that the law Of 1892
taking the supreme court away from
Bennington county had abridged her
right Of trial under the constitution Of
| the United States. He alleged there
had been no opportunity to have the
law points raised in county court set
| tied In a court Of appeals, therefore
| the Judgment was not final and the ex-
ecution issued from that court is void.
| Attorney General Fits answered
briefly Mr.. Buffers argument. He said
that her lawyers were simply trying to
secure q delay, nothing more He re-
| ferred to their action as u mere sub
terfuge and said they were trying to
ret into the United States supreme
court bv the back door, when ii they
had any case they could get in by the
front door.
Mrs. Rogers Showed Emotion.
7. w. Moloney Of Rutland replied with
some feeling and made the same law
points that were covered by Mr.. But
| Ter. During his remarks referring to
Mr.. Fits imputations Mrs. Rogers gave
way and wept. 1t was the only time
during the proceedings that she showed
any emotion She listened calmly to
| the arguments, holding d handkerchief
before her face while the lawyers were
speaking
When Mr. Moloney finished the court
| took recess TO allow the officers to
whom the writ was issued to make re-
turns to complete the records of the
court.
At the close of the hearing Mrs. Rog-
ers walked with the officers to the
Brooks house where they waited an
hour. They then went to the station
in closed carriages where wait of
70 minutes for the train was necessary.
BY this time the news of her presence
had spread and there was a crowd OF
several hundred people at the station
to get a glimpse Of her. During her
wait she was kept away from the people
as much as possible TO avoid the annoy
ing gaze of the curios. The party took
the train for Windsor at $50.