Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1905-05-05
IN OUR OWN STATE
TRYING TO SAVE MRS. ROGERS.
Claim That Her Husbands Skull Was
Fractured, and That the Woman May
Have Been Insane.

Claim That Her Husbands Skull Was
Fractured, and That the Woman May
Have Been Insane.
Mary Rogers from her prison cell at
Windsor, where she is held for execu-
ton for numbering her husband, Mar
Gus Rogers, sent up a petition to two
judges of the Vermont supreme court at
Montpelier Friday evening for a new trial,
claiming that she was wrongly convicted
of murder In the first degree in the Ben
nington county court and praying for
another chance for life on the ground of
newly discovered evidence. Her petition
was reinforced by many afiidavits to
show that she was weak minded that
she was Of a degenerate father, that
relatives were insane and finally that Mrs.
Rogers herself was not sound mentally.
Owing to the non-arrival of the affidavits
of two attorneys who defended her in
court the hearing was held open until
time has been given to secure them.
Chief Judge ]. w. Rowell and Judge
Loveland Munson received the petition
and the afildavits, in the parlors of the
Pavilion Hotel, from 7. w. Moloney of
Rutland, an attorney who has interested
himself in the woman's case The state
was represented by Attorney General
c. c. Fits and the states attorney Of
Bennington county, w. II. Daley Mr.
the theory that strangulation was the
cause of the death. The undertaken at
Hoosick Falls, N. Y, said there was a
compound fracture of the skull, a wound
which was not made after the body came
into his possession.
w. S. Lowell, now superintendent Of
the state prison, by affidavit, said he was
present at the interview January 81 last
when Leon Perham stated that he lied
about Mary Rogers to save his own neck.
Mary A. Hale said that in school at
Hoosick Falls Mary Rogers was the butt
of the ridicule because of pecularties,
she was weak mentally and OF very
low order of intelligence, Charles Coche-
ran of the same town testified along the
same line, as did Ellen +. Cocheran. Will
liam Stinto of Hoosick Falls observed that
Mary Rogers was week mentally, when
she worked for him.
Barney Smith of Hoosck Falls said
that an uncle of the woman once tried
to commit suicide and that he later was
| pronounced insane. Teresa Smith said
| the woman was weak mentally.
Jane Smith of Petersburg, N Y, said
she attended Mary Rogers's mother when
| Mary was born, the father, Charles Ben
nett, man Of low order. tried to kill the
| child by strangulation, also threatening
the mother. He was a victim of moral
| insanity.
Both the parents. declared William
Brant of Hoosick Falls, were of a low
| degree of intelligence and that Mary
Rogers had some of the same peculiar
| tiles A practicing physician. l. b. Nc
Quain. said that he had been requested
two days before the murder by Rogers
not to give the woman drugs, and that
when he refused she flew into anger and
threatened to kill him. He thought the
woman had puerpural insanity caused by
pregnancy.
c. A. McCarty. an attorney, said that
he had been hindered in getting evidence
by an aunt of Mary Rogers who objected
to its being brought out that there was
insanity in the family.
The town clerk of Hoosick Falls pre-
scented an affidavit which showed tha
Mary Rogers was fifteen and half year,
old when married. DIR. +. G.. Hall testl
fled that Mary Rogers was delivered q
a child while she was at the house o
correction awaiting trial for murder.