Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-06-01
WRIT OF B1R R DENIED
Judge ROweIl Fou Ar Federal Qucs-
81
tions in Petition l'rcscntcd-At.
torncys Now Want to Take
Case bcOfrc n JUsticc Of
the L. $. supreme Court.

Montpelier, May 50 The assignment OF
errors filed tonight with Chief Judge
Rowell Of the Vermont supreme court
by counsel for Mrs. Rogers contains
eleven counts and because of these Mary
NJ Rogers. the plaintiff in errors pray
the honorable court to examine and cor
-o.'t the errors assigned and for a re-.
,ersal of the Judgment of the supreme
,ourt Of Vermont entered in tho case.
Judge Rowell and his associates have
,ecn considering this assignment until
ate Tonight and will give Mr.. Moloncy
and MIR. Sentcr an answer in the morn
ne Attorney General c. c. Fits Of Brat
leboro IS expected here in the morning
% confer with the court in these mat
.ers. In brief the assignment of errors
follows:
That by provision of the con-
,,tution of Vermont tho governor can
lot repricvc a death sentence only as
such a reprievc shall postpone the cx-
acuton of said sentence until after the
oeXt state session of tho Iegislatu
The court erred in committed to impose
upon the petitioner n death sentence to
no executed only after the converting of
thc next session of the Legislature in
~
sentence is a denial to the petitioner OF
'uc process of law as provided for in
article "A, section !. of the amendme nts
70 the constitution of the United States.
Third--That tho court erred in denying
thc petition for 4 now trial because the
original judgment against the petitioner
vas procured hy the testimony Of Leon
Pcrham. an alleged acccmplice. who re-
n IN ITO,
thc trial
Fourth--That the court erred in
lismissing the petition in that it
wholly disrcgardcd the evidence of
louis IIausser uncontradictcd to the ef-
'ect that the skull OF Marcus Rogers
vas found to be fractured. Thus de-
,riving the petitioner of the presump-
ion of innocence to which she is en-
titled.
Fifth-That the court erred in dis
'esarding the evidence OF Dr. Nc
Wayne to the effect that the petitioner
'wo days before the alleged homicide
was found to be insane.
SiXth--That tho court erred in deny.
ing to the petitioner tho benefit of the
,vidcnce of various witnesses, which
."nded to show hereditary insanity in
he families of both her parents
Scvcnth-Tlat the court erred in re-
fusing to consider the evidence Of re-
cognizcd medical works of insanity
Eighth---That the court erred in
considering the evidence of the petit
.ioners actions as given in the court
oelow AS evidence Of the sanity OF the
petitioner, although no issue of sanity
Or insanity was there raised
Ninth-That the court erred in making
nferences of fact unfavorabe to the
petitioner from the absence Of tho
iffidavits Of other persons who had seen
and observed the petitioner.
Tenth-That the court erred in rawing
an inference of fact unfavorable to the
petitioner from the absence of any men
lion of the petitioners insanity in the
affidavit of Dr. Hall. who attended her
when che was delivered Of a child at the
House Of Correction while waiting for
trial.
Eicven,h-That the court erred in re.
1uslhg to the petitioner 4 resident and
citizen Of the State Of New York the
equal protection If the law AS required
10 be accorded tn the citizens o. Vef
mont by the dcnials and refusals OF the
court set forth in the above assignment
Of errors
Montpelier. May s1.--Once more Mary
Rogers has escaped tho Eallows. The
execution of the death scntenca will |
not be carried out on Friday. but Gov
crnor Bell has granted another re.
prieve until Friday, June %. to give
counsel for Mrs. Rogers an onnortu. |
nifty to bring their case before the |
United States Supreme Court in an |
other way.
The petition for writ of error nre.
sented to Chief Judge Rowcll and his
associates Tuesday evening was mi. |
morning denied upon the ground that
in the opinion of the court no feder,,
questions were raised in this petition.
1. w. Maloncy of Rutland and John
H. Senter or this city, counsel for Mrs.
Rogers. then announced that they dc.
sired to bring another petition cover
ing practically the same ground he
fore a justice of the United states Su.
preme Court to test the question in
another way. Inasmuch as such pcti.
t'on could not be brought before the
time set for the execution Of the death
sentence on Mrs Rogers. acting on the
advice of Chief Judge Roweii and Al.
e. e. Fits, Governor
Bell, who arrived in town this morning.
announced shortly before noon that he
will grant another repr,eve In order
TO make sure beyond any possible
doubts that no mistakes have been
made. The attorneys for Mrs. Rogers
were of the opinion that they ought 10
nave two or three months in which IN
present this petition to a justice Of
United states Supreme Court, but At.
orney- General Fits Informed tho
governor that he believed three weeks
vas sufficient time. 1t is probable
hat the new petition will be presented
o Justice Rufus w. eckham of New
FORK. whose jurisdiction includes the
'tate OF Vermont.
Another delicate question arose to-day,
I appears that the federal statute bear
~ upon eases like that of Mrs. Rogers 1
rovides that the court imposing the '
cath sentence is the only ohe that can |r
rant stay of proceedings in a death v
,ntsncc. Mrs. Rogers was sentenced AZ y
10 Iere nlufr Term. pf Eennlnr "A