The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-31

Montpelier May o. Netting under
ihe advice Of the supreme court. Cos
Bell this morning againrcpriesod SIR.
Mary Roger, who was 20 be hanged
Friday. June ., until o date no. get
dNed.
This pusiponing OF execution was
granted 90 allow The attorneys of ihe
condemned woman ample time 90 pre-
pare and ODE a writ 81 error for apple
cation 20 the United States supreme
court
Last evening ihe assignment % ere
rors was Glod with the Vermont Su-
pfeme court which was denied by
Chief Judge Rowell ou the ground
that no federal questions we're inyoly-
ed.
A. the supreme court could rot grant
o stay OF execution, the only chance
for Mrs Rogers was % reprieye by the
governor. a, otherwise the execution
would take place before the case could
be prepared aud presented 20 the Uni
ted States court.
Gov Bell and Attorney General Fits
were here this morning and the re-
prieye will be made out and signed at
ouce. 4 definite time will probably
be fixed but 10 is not known at present
what the date will be.
In brief the assignment OF errors is
as follows:
That by a provision OF the consiitu-
ton OF Vermont the governor cannot
reprieye death sentence only as
such reprieve shall postpone the ex-
ecution Of said sentence until after the
next state session OF the Legislature.
The court erred in committed to i'm.
pose upon the petitioner death SEN
tence to be executed only after the
converting OF the next session OF the
legislature in 1906 and that such omis-
sion of such sentence is denial to
the petitioner OF due process OF law as
provided for in article IA, section J, Of
the amendments 10 the constitution Of
the Uuited States.
Third. That the court erred in de-
nying the petition for new trial be
cause the original judgment against
the petitioner was. procured by the
testimony Of Leon Pcrham, an alleged
accomplice, who refused to submit to
cross-examination at the trial.
Fourth That the court erred in
Diminishing the petition in that it who'll
ly disregarded the evidence OF Louis
Haussler uncontradicted TO the effect
that the skull OF Marcus Rogers was
found to be fractured. Thus depriv-
ing the petitioner of the presumption
of innocence to which she is entitled.
Fifth. That the court erred in dis
regarding theevdence ofDr McWayne
to the effect that the petitioner two
days before the alleged homicide was
found to be insane.
Sixth. That the court erred in de-
nying to the petitioner the benefit OF
the evidence of various witnesses,
VIII .ch tended to show hereditary in
sanity in the families of both her par
ents.
Seventh That the court erred in
refusing to consider the evidence OF
recognized medical works of insanity.
Eighth. That the court erred in
considering the evidence of the petit
toner's actions as given in the court
below as evidence of the sanity of the
petitioner, although no issue of san
ity or insanity was there raised.
Ninth. That the court erred in max
ing differences of fact unfavorable to
the petitioner from the absence of the
athdavits of other persons who had
seen and observed the petitioner.
Tenth. That the court erred in
drawing an inference of fact unfavCr-
able to the petitioner from the absence
of any mention of the petitioners in
sanity in the affidavit of DR. Hall, who
attended her wheo she was delivered
of child at the House of Correction