Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1905-12-01
is WITHOUT JURISDICTION
U. S. SUPREME COURT so DE-
ciDes IN MARY ROGERS CASE.
Execution Will Take Place Dec. 8 un-
less Gov. Bell or State Courts Take
Action-Sheriff Peck Will Exclude
Newspaper Men from Hanging.

The United States supreme court al
Washington, Monday, Nov. 27, decid-
ed that IL is without jurisdiction In
the case of Mrs. Mary Rogers, the
condemned Vermont murderess, ar
firming the decision of the United
States district court of Vermont. II
neither Governor Bell nor the state
courts take action in the case. execu-
ton will take place December s.
The opinion concluded with the or
der that mandate be issued imme-
diately. This will obviate the raising
of the question of a possible postpone
ment of the day of execution
The present appeal in the Rogers
case was from the United States dis
trict court for the district of Vermont,
which, after Mrs Rogers had been
sentenced for murder, and thrice re-
prieved by the governor of Vermont,
declined to release her on writ Of ha-
beas corpus. The grounds upon which
the appeal was made to this court and
which were argued November were
that Mrs Rogers had been held in
solitary confinement without due
process of law; that the governor had
no right to fix the new date Decem-
ber s, of execution; that no appellate
court was maintained in Bennington
county as provided by the constitution
and that the governors action in or
dering Mrs. Rogers's execution Dec s
is void.
The case was advanced by the su-
preme court Oct. 16 to Nov. 9, at
which time ii was heard by the court.
Mrs. Rogers, found guilty of the
murder of her husband. Marcus Rog-
ers, at Bennington. in August. 1902,
was sentenced to be hanged February
8, 1905. On the ground that new evil
dence had been discovered. Governor
Bell, February @ last, granted her a
reprieve of four months May 27 the
full bench of the state supreme court
denied a petition for a new trial. In
order that the case might be brought
to- the attention of Justice of the
United State supreme court. Cover
nor Bell granted a second reprieve
June /. extending to June %. June
Justice Rufus w. Peckham of the
United States supreme court refused
to grant a writ of error. June 10,
Judge Hoyt II. Wheeler, in United
States district court. granted writ
of habeas corpus and June 22 he per-
mitted an appeal TO the United States
supreme court The same day Gov
ernor Bell granted reprieve untll
Dec. s.
Sheriff II. II. Peck after consulting
with Atty.-Gen. Clarke c. Fits an
nounced that his decision to exclude
all newspaper men from the Rogers
hanging is unchanged by the inter-
view. and that he will limit the num-
ber of spectators to IL in accordance
to the Vermont statutes. Sheriff Peck
saws that his reason for excluding the
newspaper men, including representa-
tives of the state papers. is that IF he
lets in one it means that he must take
the same action with regard to all
In his written reply to the sheriff
the attorney general advises him TO
adhere to the law on the subject and
quotes it as follows:
THE sheriff to whom the warrant is
issued shall be present at the place OF
execution, unless prevented by sick
ness or other casualty, and also two
deputies designated by him. He snail
request the states attorney of the
county and ~ citizens, including a
surgeon or physician, and shall permit
the counsel of the prisoner, such
clergyman as the prisoner desires. and
his relatives. to be present; and such
officers of the prison, deputies. con-
stables, and military guard as ne
deems best and no others
When informed of the decision or
the United States supreme court Mon
day. Nov. 27, Gov. Bell said: Il stand
on the same ground that l have here
tofore," which is supposed to mean
that he will not interfere with the de-
cision of the courts.