Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-06-01

to change the result were new trial
| granted.
Upon the whole case the court are Of
the opinion that the petition ought to
he. and the same Is. dismissed.
THE DISSENTING OPINION.
From this opinion Judges Haseiton and
Powers dissented, so far as the insanity
features were concerned. The dissenting
| opinion was read by Judge Haselton. He
reviewed the testimony OF Dr. McWayne
| to the effect that Mrs. Rogers. two days
before the crime was committed, was suf-
| fering from puerpcral insanity and noted
the fact that the affidavit Of DR.. Nc
Wayne bears evidence of truthfulness,
skill and professional insight. The aifi-
davts of Or. McWayne and others show
ing the insanity of Mrs. Rogers and her
kin were deemed admissible. They tend
to show predisposition TO insanity In
both the father and mother of Mary Rog-
ere. Ii would not be strange that such a
woman with such a faint of, blood should
be insane at some time during her preg-
nancy. The defence of insanity was not
made at the trial. Counsel was not as
signed to Mrs. Rogers until five or six
months after the birth Of her child. long
after the signs of insanity shown in her
pregnancy had subsidized.
Judge Haselton reviewed the evidence
introduced at the time of her trial shows
ing wierd. strange and unnatural actions
of Mary Rogers at or about the time the
crime was committed. and the opinion
closed with expression that she should bc
granted new trial on the ground Of new
lily discovered evidence touching her in
sanity
Judge Powers said: II concur IN the
views expressed by Judge Haselton."
pE,r1TrON FOR NEW TRIAL.
Johh II. oehter' couhsel LOT NArs' nose's
III 'h's "at'er' 'nen asheu '"e co"l. !" eN
tend the oate vi ner eHec",'o" .nree vi
TOUR weeks III oroer INA. MT N'o'oioy
ana himscIt mieh. secure 'ne hroaN.' Oh
Leon fcrnani' IL .r''' "''u"N'. - soou ,o'
l"nS."'"s '''a' "c NV" VII Wv, "en' ". ."e
,'a, :" '"' a. NV" r',', ~ M.U.,n..
itouchinp tbc insnnitv of Mrs. Rogers
that this additional evidence might be-
drought before Chief Judge Rowell and
Judge Nunson as q basis for another petit
ton for n new trial.
He asked that Mary Rogers should not
he hung because of any dereliction of
counsel. and for this rAason asked to sup
plement evidence in which the majority
dominion as read by Judge Watson declares
that counsel for Mrs Rogers Is weak. MIR.
iScnter said II is not within the realms of
lprobablity that thcy could raise sufficient
funds (about 81 0oM to take the case to
tho I-nitod statc. Sunreme Court and that
no had Itt,e faith in such n proceeding.
lIf they could not convince seven Judges
IN vermont that they were right and that
che ought 70 have a new trial they could
NOT convince nine Judges in Washington.
rbn court retired and after a. brief con-
/. ,,,,n.;o,, ro,,,.noa and Chief JUDGE Row
oil announced that the Judges were unani-
,,o,,. T., a.r,iry tb;s reouest Of MIR. Sem
I,or hut - . stav ~ proceedings we're nee
as,,r,, - oraor "a t.ke tho ease to the
1-nited state. sunreme Court on a writ
~ error that would he another question
for consideration
,..v .prr., r,o WARRINGTON.
49,. $500 ..,,. .,.+ :. Mr.
Mo,or.v tho senior counsel for Mrs.
pogors IN This matter concurred with
h;n, .n,.,ic,,ior world IN modc on a writ
~ orrnr for lcavc 10 take this case tn
.ho h;ah.., t,ih,roI He stated that it
would no in,nossih,e between now and
49,, rr;a.,, ~ rr.n,ro this writ "a in
.,,L o,coc tho ortirc record must ho
.;,,.., a. ,ooorrorv e.,,rh , vr;. .rhis
n,,',a ,aoos.i,ata rri,,,;n, tho IN naucs
10 .,.:., .o,,o,, Il, tho ,,w.r cour,
,na ~, w. aria,,.;ts ,t+orbca n tho NJ.
ti,ion for a new trial. Mr.. sentcr again
asked for stav of execution of the
ocath sentence uh'h SUI" preparation
, con'd be maze.
Such was the SITUATION "nen court a"-
J"urhed saturday evening. no stay Vi
} execution was gran'eu ana " Is uiuer-
, stood the judges were OF the OPINION thaS
Mr. Sentcr and MS associate nave tme
to prepare their writ OF error oetore the
date set for Mrs. Roserss execution. No
: nficial announcement, however. was
S made 10 this erect. TIE court was not
q adjourned for the term and the judges
e will remain in Montpelier for two or
o three days this week until these matters
h arc adjusted.
4 CASES HEARD SATURDAY.
q rh. b..r;ros in tho w,sh;r.,or .o,r.,,
4 .n. v..r. o,u,n,a,oa c.,,,ra,,. -.
-. ;rr rho hohoa. corrrs o.sa ~ Irr.nr
. WaM,roo tho Nor,hea,a ,,o,i,r i, ,,,h;oS