The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-01-09

REPRIEYE OF
MRS. ROGERS
May. Depend on a Comma
in the Constitution.
A PRECEDENT is FOUND
Governor Fairbanks in 1878
Reprieved John p. Phair
Of Rutland.

Windsor, VT, Jan. THAT Gov
Bell has still the power TO order stay
in the execution of Mrs Mary Rogers
on February 3, leading lawyers com.
ing from county court at Woodstock
expressed no doubt today. If Attor-
ney-general Fits has given contrary
opinion, a prominent lawyer in Wind
sor county said tonight he would like
to know where he gets his law. 1t is
recalled that Coy Fairbanks reprieved
John Z. Phair within one half hour of
the time set for his execution for the
murder of Mrs Friese and the case
went to the supreme court, though
phair was sfterward executed, he gain
ed a respite of several months. Like
the semicoion Law in Massachusetts,, a
comma may make all the difference in
the constitution of Vermont and its de-
fning Of the prerogatives of the gov
ernor. The clause reads
"And shall have power to grant
pardon and remit fines, in all cases
whatsoever, except in treason and
murder, in which they, governor and
council, shall have power to grant re-
prieves, but not to pardon, until after
the end OF the next SCI sion of the AS
sembly; and except in cases of i'm
parchment in which there shall be no
remission or mitigation of punishment
but by act of Legislature. (Chap. =,
sec IL, Vermont constitution
Leading counsel said tonight:
''Unlike your semicolon law in
Massachusetts, our supreme court has
| never made a construction OF this
punctuation, but as it stands the in
deposition Of the comma certainly
leaves 1t open that the governor may
pardon, after the Assembly has adj
journed. Indirectly the supreme court
has defined the power of the governor,
10 case OF Gov Stickney's objection
thatthe act of 1898 establishing par
don commission was an infringement
Of the governors powers. Vermont
reports, Vol 70, page II, in regard to
conditional discharge of convicts other
than by the governor. Counsel urged
today that no one would dispute the
governors right to reprieve If on the
eve of the hanging another person
should be found to have done the
crime. A legislative session had in
tervened when Gov Fairbanks repriev-
ed Phair."
Mary Rogers shows no change in
demeanor. Her only companion is
Miss Durkee, the matron, who calls
her Mabel and treats her with mother
ly kindness. The woman's spiritua al
adviser says that the prisoner acts and
talks as In dream and declares she
Is not indifferent, and that the weight
of the doom impending is MARKEDLY
manifest.
Sheriff Peek and Supt Cakes OF the
prison both declare that since going
into solitary confinement in the room
above the guardroom on Nov. 5, Mrs
Rogers has talked with no one outside
the walls except her mother. Suicide
Is impossible, they declare.
Sheriff Peck was in Windsor today
but not in regard to the Rogers mat.
ter. He has the death warrant but
told the Herald reporter he should not
read 1t to Mrs Rogers until the day
before the execution at least. Law.
yers tonight discussing habeas corpus
declared that for $1,000 the case could
be carried to the United States SUI
preme court and stay obtained for
so long time at least that Mary Rog-
ers would never hang, Windsor peo-
pie declare the execution disgrace to
the state and public sentiment may be
strongly moved for the prisoner II the
execution is deferred.
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