The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-10-17
MARY ROGERS
CASE ADVANCED
Case Will Be Heard in u. S.
Supreme Court Nov. 6.
VICTORY FOR THE STATE
Long Legal Battle For Thi, No.
torious Woman Now Near.
Ing the End.
VICTORY FOR THE STATE

Washington. oct 1.-THE case Of
Mrs Mary Rogers. tho condemned ver
mont murderess, vas advanced today
by Tho United States supreme Cour'
~ November Q, When = hearing wlll
be held.
Attorney General Clarke e fiiis
made n motion for advancement Sep
iembcr rs wllh the clerk Of tho Caliod
81 lss Supreme Court aud October 10
be died the motion viih the court
/ itself.
Mrs Rogers, found guilty % the
murder Of her husbabd, Marcus Rog.
ers, 81 Bcnningiou In August, iaOs vas
sentenced 10 bc hanged February J,
1906. 90 tho ground that pos violence
had been discovered, Governor bell.
February ., last, granted her . 70
prievc Of four months. May q the full
bench Of the state supreme court de-
MED . petition for q neE trial. Ia
order that the case nigh, BE- brought
10 tho attention Of justice 81 the
United States 5aprcme Court, Cover
nor Boil granted n second rcprIeve.
June I, extending 10 June y June .
Justice Rafus W. Peckham ofihs Unit.
I'd States Supreme Court refused 10
grant . writ OF error. juno ~. Judge
Hoyt n. Wheeler, In United States
district court, granted writ OF habeas
corpus and June % he permitted an mp.
peal 10 the United States Supreme
Court. The same day Governor Bell
granted q reprieve until December 8.
In opposing the motion 10 ad, ance.
Mrs Rogers attorneys contend that
the proceedings against her have been
irregular and illegal, and add:
1.-THE supreme court having taken
Jurisdiction, IL alone had authority 10
fix the time, the time fixed by trial
court having elapsed. The supreme
court however, did not stay execution
OF death sentence and did not fix
time for carrying II into effect. IL now
has no jurisdiction to do so. Sentence
OF trial court that appellant be execut.
ed February 3, 1905, cannot be car
ried into effect. That court has no
jurisdiction to pass a new sentence or
fix time for executing the death sen
tence 1t did pass. That cour, has adj
journed without day. There Is no cour,
or officer or person who can now law
fully pronounce sentence OF death up
on appellant or can fix time for
carrying the death sentence of the
trial court into effect, or lawfully
cause the death penalty to he inflicted
upon her for The offence for which
she has been convicted, unlawfully,
she claims. The law of Vermont pro.
vides way for her legal trial and
execution, but these laws have not
been followed, and she Is now i'm.
prisoned without right or authority,
anC unless this court makes available |
TO her the guarantees Of the Constitu-
ion of the United States she will be
executed at some future time, about
fixing the date OF which she cannot
be heard, although the law Of Vermont
provides sne may be heard as to that
Ithad been hoped by those who
sought to save Mary Rogers from the
allows that the United States Su
preme court would refuse to advance
the case. In this event the case might
not reach hearing for year or two
Governor Bell would be compelled to
grant further reprieve and the case
probably would not be settled until
another legislature had had an OPP
portunlty to commute the sentence to
tmnri aOnm ent for life