Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1905-01-27
NOT RESPONSIBLE?
Mrs. ROgers's Mental Condition
Had Never Been Determined
c. H. Davenport Speaks Of Peculiar Con-
dltlons In the Case and Urges Governor
to Grant Reprleve.

" ~. davenport SPeaNs " FeCulldT Son-
dltlons In the Case and Urges Governor
to Grant Repreve.
To the Editor of The Phoenix.
Sir:-Your local contemporary in reply
ing last week to Mr.. Hapgood's powerful
plea for reprieve for Mrs. Rogers. makes
an assumption OF fact which, though 1t
seems to accord with the general impress
sion, is entirely erroneous and II will be
cruel, even barbarous, If events proceed
to the end on such an error.
1t says mo reason has been advanced
for a Notwithstanding the question of
the mental and moral responsibility Of
the condemned woman''-"that was not
advanced at her trial. that was not con-
sdered by the last Legislature"
The truth Is that no defense on the
ground Of mental or moral trrespons-
bility" was made or attempted at her
trial, simply because-so her counsel as
sure me-she had no means. or friends to
supply them, for so expensive work
requiring highly paid expert testimony,
which the prosecution had In abundance
on other points. In fact the case was
allowed to go to the jury without any
defense at all, on the evidence Of the
prosecution alone I'm the belief that 1t
was insufficient to convict Of murder in
the first degree, as very likely 1t would
have been but for her own self-accusing
letter to a second man besides the male
biped who had turned states evidence
against her.
Neither the court nor the legislature had
before II a single thing in the nature
of proof regarding this question of re-
sponsibility. The House, recognizing
that it ought to have in so awful mat
ter, unanimously passed resolution for
a commission Of experts to examine her
and report and providing for a reprieve
II the report should warrant it. Mr.. Hap
good says the attorney general openly and
publicly advised that the governor him
self had the "undoubted power of re-
prieve. and II so legislative action would
be not only unnecessary but a meddling
! with his constitutional prerogative.
| Hence presumably, the senate smothered
| the resolution. Now the governor. II cor
! rectly reported by the press, takes the
! position that the Legislature having re-
! fused to act, he has no right to do so.
| The press reports In a general way also
| represent him as taking this ground on
an opinion from the attorney general,
! though l much doubt II so keen a lawyer
/ as Mr.. Fits has ever advised him that
! he has no right to reprieve-apparently
! the only question there was any oc
casion to submit--a right that goes with
| the very nature OF the executive power.
that is expressly conferred by sec II,
| chapt. 2. OF the state constitution, that
has been exercised unquestioned in YER
! mont Tor lEf years, nOthDly by EOOu Oiu
| Governor Tom Chittenden. in the famous
Redding case in l77S and Just a century
| later by Gov. Horace Fairbanks, on the
| very day and hour set for the hanging
in the John p. Phair case.
How far II at all, the senate's action
| was the product OF its cheap politician
wrangie with the governor over appoint
ments. and OF its maneuvres to put
| him in n hole" we need not inquire.
| Nor need We dwell on the fact OF plain
common sense that the time for authori-
| tatiVe informal ion-or at least the best
! possible within human reach-through
this medical inquiry, was not at the heel
OF the session. as proposed. but before
the legislature voted on the question Of
committing the womans sentence What
now concerns us is that between these
different stools it has fallen out that II
has never been determined, and nobody,
in the legislature or out. has adequate
ground for an opinion even, whether this
woman. an evident degenerate, is or was
so to the extent OF responsibility. and
so whether. before God or civilized man,
we have right to exact the laws
penalty.
The action Of the house in adopting its
resolution Of inquiry shows that there
was at least n fear on this ground. The
very neurotic letter that was decisive In
COnvicting her raises suspicion of it,
And her physical condition at the time
the crime was committed, being five
months. advanced in pregnancy. If there
was mental or nervous disorder at the be-
ginning, would have been very likely tC
increase 1t to the point OF responsibility
1t Is incredible that a Christian people
without knowing the truth and with
never a chance afforded to know II, are
going to let such a wretched mess eli
max on the gallows Feb. g. The ques-
ton is entirely apart from that of hei
sex or of the rightfulness or policy o