Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-06-29
THE ROGERS MURDER CASE.

food products as was formerly required II,
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THE ROGERS MURDER CASE.
We believe we express the sentiments
Vermont when we say that the post
ponement Of the execution Of Mrs. Rog-
ers, the Bennington murderess, will
cause disappointment. It has been gen
orally supposed that the various steps
recently taken by the attorneys for the
condemned woman were merely intend
erss own lawyers do not deny her par
ticipation in the most horrible and cold
blooded murder in the annals of Yer
mont crime. They do not deny that she
helped her paramour to plan the dia-
bolcal scheme of assassination, or that
she helped to tie her husband and later
helped to administer chloroform to him
in spite Of his terrific struggles to free
himself from her clutches. They do not
deny that she helped to dispose Of his
body after he had been put to death in
this horrible manner. or that she helped
to conceal the various evidences of her
guilt.
what the lawyers for the murderess
claim is that this woman, who was able
to plan the crime so carefully, was not
responsible for her acts and that even
IL she was responsible. technical mis-
takes were made in connection with the
trial and sentence of the woman to suf-
fer capital punishment. They besoucht
the governor to grant her rcprieve.
and when this appeal was granted they
turned about and claimed that the wo-
man could not be executed without re-
ceiving new sentence. In poin. Of
fact whatever reflection upon our state
courts has arisen in this connection has
resulted from concessions to the wo-
mans attorneys. made in order that
no one could claim she had not been
granted every opportunity to secure
justice.
Steps OF this character had heen taken
by her attorneys until even the oppo.
nents of capital punishment. were con.
strained to call out against further de.
lay and there was a somewha. general
expectation that the end had been reach.
ed.
Justice Peckham OF the Supreme Court
OF the United States had decided that
no federal question was involved as
the case was presented to him and re-
fused to allow the case to be carried to
the supreme tribunal Of the land.
If the question now raised in the federal
court should be decided adversely n the
state II would seem to involve the dues.
ton whether any person charged with
murder can be successfully punished so
long as our State methods and system of
judicial procedure remain as at present.
So long as no county save WASHINGTON
county has a term of the supreme court
and so long as present conditions continue
as regards the Jurisdiction of our State
Supreme Court. solitary confinement in
the penitentiary pending the considera.
ton of appeals in murder cases and the
possible necessity OF a new sentence fol.
lowing reprieve. questions similar Ia
those successfully employed to secure q
hearing In the federal courts, can be re.
sorted to in all probability In connection
with every murder case that comes up in
our State. Indeed. it is not impossible
that in the event OF a decision in the Uni.
ted States Supreme Court adverse to Yer.
monts judicial methods. similar questions
may be raised in connection with the
cases Of persons already serving terms in
States prison for murder in the lesser de.
gree. mansaughter and other crimes OF
this character.
This situation is all the more noteworthy
in view of the fact that to all appear.
ances Gov. Sell had to choose between
granting a further reprieve and allowing
the murderess to pass out from State
jurisdiction and into the custody Of the
federal authorities. In view of these and
other possibilities that might be pointed
out the outcome of this test will be await.
ed with no small degree of interest no,
only in Vermont but in legal and Judicial
circles throughout the country.