Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-06-29
Gov. Bell Has Given Mary Rogers
Lease Of Life until Dec.
ember 8.
CASH TO SUPREME COURT
Judge Wheeler Refuses Petition for
Ner Release but Allowed nm Ap.
veal - Criticised Courts but
Gave No Opinion against
Them.

Brattleboro, June 22.--The rcpricve
until December 8 for Mrs. Mary NJ.
Rogers, the condemned Murdercss. to-
day was signed by Governor Charles
j. Bell, and for the third time the
woman who was to have been hanged
at Windsor tomorrow for killing her
husband has been saved through the
operation of the governors power of
staying the execution. Today's rcpricvc
was granted in order that the case
may be carried to the Supreme Court of
the United States on constitutional
questions which were raised at a hear
ing before Judge Hoyt IT. Wheeler sit
ting as a justice of United States Cir
rut Court. Mrs. Rogers attorneys
petitioned for her release on writ of
habeas corpus
The court declined to grant the petition
but suggested that the points of law
raised by the petitioner were such rs to
be passed upon by the Supreme Court of
The country. The refusal of the judge to
grant the writ was at once followed by
The filing Of an appeal. Judge Wheeler
lhereupon announced that he would rem
Yer his decision upon the question of APP
neal late in the afternoon in order to give
Governor Bcll an opportunity to reprieve
Ers. Rogers. lie gave the attorneys to
understand that he would grant the APP
peal and animated that he would remand
Mrs. Rogers to the custody of the United
States marshal, which would. in effect.
bring about a stay of execution. provided
Governor Bell did not sign a rsprievc. In
giving his decision on the main question
before him Judge Wheeler criticised tho
procedure of the State courts in relation
60 the Rogers case. He declared that n"
found some cause 20 see Justice IN the at
titude of Mrs. Rogers. that she had been
confined as a solitary prisoner for a very
long period which acted as hardship 10
her. However. he could not see legal rea-
ions for releasing her.
THE JUDGES DECISION.
Judge Wheeler gave his decision refusing
the petition fora writ At the opening oil
court at rine o'clock this morning.
In announcing his decis' on Judge Wheel
er criticised tire procedure of the stale
courts. without. however. specifically
pointing to any PARTICULAR feature or the
prosecution which did not meet his ap-
probation Iut he did not helcv" he
should take it to be within his province
20 grant the petition without commit
ting himself expressly to the adoption
Of any definite attitude in the case. The
judge gave the attorneys to understand
in his finding tina. it would he well Tor
higher court to pass uron the CUES
tions involved. These questions Judg"
Wheeler considered at length during a
review of the entire case upon which
he then entered. Among these questions
WIRE contentious of the petitioners coun-
sci that Mrs Rogerss rights had been
Violated because of the failure TO cstab-
lsh supreme court in Pennington coun-
ty and because Mrs. Rogers was to be
executed upon a warrant Of the county
court without an opportunity to have
the law questions raised in coin:y court
settled in II court of appeals. These points,
the court found, formed basis Of i'm
lortant questions Of law.
Judge Wheeler dwelt particularly on
the length of time during which Mrs
Rogers had been kept in solitary con-
1inement. He said the cffec. Of the gov
ernor's reprieve had been to keep the
prisoner in solitary confinement not
only during the three months specified
by law, but for the entire time since
ahen and also since the dismissal of the
petition to the supreme court. This, he
laid, appeared in violation of tho law
Ind gave the respondent no opportunity
70 be heard The purpose OF tho statute
)eing to give the supreme court the
light to determine how the respondent
should be kept during her confinement
until she was executed and she already
having served three months in solitary
confinement without the court having
made an order, Judge Wheeler was of the
opinion she Is now being kept in solitary
)onhnement without duo process of the
law. He said however the matter was
Dot sufficiently clear to him as a direct
Violation of the federal constitution and