Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1905-06-16
JUDGE PECKHAM REFUSES
mo PRETENsE OF FEDERAL
QUESTION INVOLVED"
Gov. Bell Says Law Must Take Its
Course in Mrs. Roaers's Case
- Jail Breaker Captured - Marble
Workers Long Session Ended.

- jail Breaker captured - Warp'o
Workers Long Session Ended.
Judge Rufus w. Peckham of the
| United States Supreme court de-
clined, at Albany, N. Y, Friday. June
| 9. to grant a writ of error which would
allow the case of Mrs. Mary Rogers.
the Bennington murderess, to 20 to
the United States Supreme court. The
application was made by Attorney F.
Nj. Butler of Rutland and was based
principally on the contention that the
Supreme court Of Vermont had erred
in refusing to grant Mrs. Rogers a
new trial on the ground of newly dis
covered evidence and inasmuch as she
could obtain no relief. the legislature
of the state not being in session. she
had no way Of obtaining justice and If
executed 1t would be without due
process of law 1t was held that the
date for execution should not have
been fixed until after the next meet
ing of the legislature.
After reading the papers, Justice
Peckham announced his decision. In
refusing the writ, he said
There is absolutely no pretense Of
a federal question being involved in
this case. 1t would be trifling with
the administration of the federal law
to grant it. Error does not lie in the
refusal of the appellate court OF a
state to grant new trial. That Is q
matter of discretion. and wholly with
in the jurisdiction of the state. l Will
deny the application.
THAT would be my decision, even
though the record of the case We're
before me. There is no occasion for
the raising of any question under the
14th amendment to the federal const-
tuition. The United States Supreme
court has held many times that 1t has
no power to act in cases such as this.
1t Is unfortunate for your client that
she has no relief in your state. but
she certainly has none in the United
States Supreme court. The action of
the state appellate court in passing
on the question of newly discovered
evidence is due process of law. 1t
covers her rights. There is no relief
for her in the United States Supreme
court
Mr.. Butler asked Justice Peckham
to refer the matter to the entire court.
but he also declined to do that saying
that the court would not meet until
October next and that the effect
would be the same as though he
granted the writ.
Mr.. Butler said after the decision
was rendered that the only hope that
remained for Mrs. Rogers now was
further reprieve from the governor
and that the attorneys would imme-
diately apply for such stay. If 1t is
not granted she will probably be exc
cuted under the sentence of the Ben
nington county court on June %, when
the present reprieve expires.
Interviewed in Middlebury after the
decision had been announced. Gov,
Bell said MY stand in the Rogers
case is precisely the same to-day as
when / first reprieved Mrs. Rogers.
Under the law / was obliged to grant
her second reprieve and now that
writ of error has been denied. the law
must take its course"
Then the chief executive Of YER
mont will do nothing more to save the
life of Mrs. Rogers?" queried the in
terviewer. The governor shook his
head indicating that there would be
no further stay of execution.