The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-12-08
Bennington Murderess Pays Penalty Of Her
Crime on the ScaffoId z
LEGAL HISTORY OF CASE
S,sy Of ths Hard fessh, tiis't 10 Save Mn
Rosar Life.

""N's stt's
Tho lagal moves In The crlsbfatcs
Rogers case have been 30 compiler ihA
the public may bc interested In state
mcnt AZ " the various steps In N.
doomed woinan's case.
She vas indicted al the June term,
1908, Bennington county court, for The
murder Of her husband and ~As tried
nj the December term, 1905, Of that
eo1ri and convicted Of murder Ia tie
hrsi degree. 40 exceptions vcrc TAX.
en- by her counsel 10 The supreme court
OF Vermont. NO further steps were
taken 10 her behalf until the legisla
turc me, 10 October, lfOi, when q bill
was introduced by Representative Ar
chibald Of Manchester. Who had been
her counsel Ia county court, 10 com.
mute her sentence TO life imprison
ment. There was much debate over
this measure and finally 10 the last
week Of the session IL was defeated by
malofHy ol aoout w.
She was under sentence OF death 20
be executed February J, 1905. Two
days before that on Feb. !. Gov Bell
gave hearing Mt Montpelier 70 par
ties interested In her behalf, who asked
that q rcprieye be granted by the gov.
ernor for sufficient length Of time 10
enable her counsel 10 present petit
Ion 20 the supreme court Of Vermont
for new trial on the ground OF newly
discovered evidence, which, 1. was
claimed tended TO show she was In
sane when the crime was committed.
Several affidsvits we're presented TO
Gov Bell and upon considering the
matter be, on the next day, February
2, granted n reprieve for four months,
or until June 2, 1905, a sufficient time
to enable a petition to be presented
and heard by the supreme court OF
Vermont.
Afidayits were taken by her counsel
during the winter and spring and
petition was filed with Chief Judge
Rowell and Judge Munson on April
20. On May s the judges named at
Montpelier and the petition ordered
fled 10 court and ordered TO be heard
at the May term OF the supreme court.
1t was heard on Nay 10, being fully
argued in her behalf and In behalf OF
the state. On May 30 the supreme
court handed down its decision deny
ing the petition. Her counsel immed-
lately applied to Chief Judge Rowell
for writ OF error to take the case to
the supreme court OF the United States.
Judge Rowell refused to sign the writ
of error on the ground that no Federal
question was involved.
Her counsel then asked the governor
to further reprieve her for sufficient
length of time to enable them to pres
ent writ of error to ajustice OF the
supreme court of the United States,
which was the only way left for her to
secure writ of error. The governor
acceded to their request again and re-
prieved her until June %, simply for
the purpose Of enabling her to secure
whatever legal rights she had.
On June IL her counsel, Hon F M
Butler OF Rutland, presented to JUS
tice Peckham OF the supreme court of
the United States petition for writ of
error. Justice Peckham refused to
sign the writ on the ground that there
was no federal question involved.
Then on June 10 her counsel brought |
pe,itionto Judge Wheeler Of the United
States district court for writ OF hab-
cas- corpus, charging that she was be
ing held illegally and that the pro-
against her we're unconstitu-
tional.
Judge Wheeler issued the writ and
heard it at Brattleboro June Il, and
the next morning, June %, decided
against her, dismissing the writ and
her to state custody. Her
counsel Immediately asked for an ap-
peal to the supreme court OF the United
States.
Attorney General Fits opposed this
motion and asked that the appeal be
not allowed until he could secure from
Governor Bell further reprieve to
fix the date for execution after the