Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-06-15
Justice Peckham Informs Law.
yers There Is No Pretense Of
Federal Question. ( !
NARY ROGERS MUST HANG
Gov. Bell says the Law Must Take lts
COurse-Justice Peckham says Il
Courts to Grant n writ Upon
Any Present Allegations.

Albany, n. Y, June 9.--Judge Rufus
w. Pcckham of the United States SUI
rrcmo Court, to-day declined to grant
a writ of error which would allow the
case of Mrs. Mary Rogers of Vermont.
now under sentence for the murder
of her husband. to go to the United
States Supreme Court. Application
was made before him at his office here
day by Attorney Butler of Rutland.
VT.
Mr.. Butler argued that there was a
federal question involved from the
fact the Vermont laws provided no
means for rctriaY of Mrs Rogers
upon the newly discovered evidence.
The highest court of the state had re-
fused a new trial and since the Legis-
lature which alone has the power to
pardon will not meet until October.
1906, the only recourse is to the United
States Courts. He held that the State
court should not have fixed the date
Of execution until after the next meet
ing of the Legislature.
In refusing a writ of error Judge Peck
ham said: 1T would he triling with the
administration of the federal courts "a
presume to grant Il writ of error upon
these allegations. There Is nothing tn
support the pretonse of a federal question
nor the allegations that the state consti-
tuition ana the lith amendment have been
violated. The misfortune of your client
is that she has become convicted in the
State court"
Mr.. Butler said after the decision was
rendered that the only hope that remain
cd for Mrs Rogers now was n further re-
pricvc from the governor and her attor-
Ineys would Immediately apply for such a
stay II not granted she will be executed
June % when the present rcprcve ex-
pires.
The new evidence referred to he explain
cd was the alleged discovery that Rogers
had fracture of the skull which his wife
could not possibly have inflicted, also that
a physicians testimony showed Mrs. Rog-
crS was insane.
GOVERNOR BELLS POSITION.
| Middlebury, June 9.-Governor Bell was
in Middlcbury on business to-day. When
in formed the decision of Judge Peckham
he made the following statement to an
Associated Press representative: My
stand in the Rogers case is precisely
the same to-day as when I first re-
prievcd Mrs. Rogers. Under law ] was
obliged to grant a second rcprieve. Now
that a writ of error has been denied, the
law must take its course" The gov
crnor said this entirely covered his po-
siton in the matter.
WILL NOT NOTIFY MRS ROGERS
NOW.
| Woodstock. June 9.-Sheriff Henry
| H. Peck commented upon the an
notnccm" to him that the requested
writ of error in the case of Mrs. Rogers
had been denied by tho United States
supreme Court by saying the action
of the court was what he had look ed
for. He stated that he would not al
this time inform Mrs. Rogers of the
courts decision believing it best to
postpone notifying the woman of her
fate until all possible legal steps tc
save her have been adopted by hcr
counsel
BUTLER SEES LEGAL QUESTIONS
| Rutland, June 9.-When asked to-
night if there are any further steps
which could be taken to secure Il stay
of execution in the Mary Rogers case
now that the petition for writ of
| error has been refused by the United
States Supreme Court. +. NJ. Butler
said: There are legal questions in
volved in the case which might be
brought up but do not know whether
it is the intention or Mr.. Moloney and
Mr.. Senter to carry the matter
further"