Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1905-06-02
SUPREME COURT REFUSES
BUT MARY ROGERS CASE WILL
GO TO HIGHEST TRIBUNAL.
Her Attorneys spsrins No Effort to
Save Her lifs-othsr Bennington
County Murder Gases Coming Up
Mayor Burke's Charges.

MayoV ouVNe S""bsss
The Vermont supreme court In ses-
sion at Montpelier Saturday after
noon, May %, refused TO grant the pc
tition for a new trial of Mary M. Rog-
ers, tried. convicted and sentenced to
be hanged for the murder Of her hus-
band, Marcus Rogers. AT Bennington,
three years ago. :.
The majority decision was rendered
by Judge John H. Watson, who pre-
sided at the term Of Bennington coun-
ty court during the woman's trial ana
who sentenced her to be hanged after
she was found guilty of the crime of
killing her husband. He reviewed the
crime and trial in the lower court. He
said that the testimony of Leon Per-
ham had not been materially changed
or shaken. The atlantis had stated he
had confessed but did not tell what
he had lied about. His testimony In
the lower court had been strongly
corroborated The affidavits of Flynn.
Lowell and oaks were not material as
a basis for a new trial.
About the fracture Of the skull the
confession Of Perham had been made
to infer that he had committed an as
sault upon Rogers and struck him in
the head but this was merely mat
able that the fracture could have ex-
listed and not have been discovered by
the doctors.
In spite of the evidence introduced
and affidavits produced the court
"can have no reasonable doubt but
that the petitioner. at the time OF the
homicide, was of the mental aDnity
to distinguish between right and
wrong, and to comprehend the nature
of the crime which she was TO COM.
nit and that she had sufficient Will
power to enable her to refuse to COM
init it,"
1t was through deliberate exercise
of will power that the crime was COM
mitted. She deliberately planned 20
make 1t appear that her husband COM
mitted suicide to conceal her crime.
In her appearance at the inquest she
affected ignorance of the means OF
her husbands death. in the hope that
the theory Of suicide might be adopt
ed.
She was sound and healthy in mind.
not weak and disabled. intelligent not
unintelligent, she acted with the rea-
son of sanity not as one insane. and
the evidence showed that she was
guilty of murder. Of wilful. deliberate
killing.
After CAREFUL COIslucIdtioh "a si.S
new evidence it does not appear in
our Judgment sufficient to warrant a
new trial. 1t is the opinion OF the
court that the petition ought to be
and it is dismissed.
From this opinion Judges Haselton
and Powers dissented. so far as the
insanity features were concerned. Inc
former read the dissenting opinion. re-
viewing the testimony offered on this
point and concluding that a new
| trial should be granted on the ground
of newly discovered evidence touch
ing her insanity.
Counsel for Mrs. Rogers then asked
| for three or four weeks extension OF
| date of execution in order that evil
dence declared weak by the majority
opinion could be strengthened. This
request was denied, but Chief Judge
Roweu announced that If stay OF
| proceedings were necessary IN order
| to take the case to the United States
supreme court on writ of error tnat
would be another question for consld-
| Grafton. .
The supreme court completed Its
business but waited in Montpelier Tor
| the petition for writ of error wnicn
Mrs. Rogers's counsel imemdiately SET
about preparing. 1t will be presented
| to Chief Judge Rowell, who Will pass
ON it and If he believes there are mat
ters in II worthy the attention Of the
United States supreme court-and II
| is not doubted that he will so CONSIDER
! the case-the execution of Mrs. Rog-
| ers will be postponed, probably untii
the next term of the supreme court IN
| october. Meanwhile the petition VIII
| be filed with the clerk of the United
States circuit court, George u. Jonn-
! son of Burlington and States Attor-
ney w. r. Daley of Bennington coun-
| ty within 80 days will appear before
1.-THE United States supreme court at
Washington to explain the states DO
sition in the matter.
Mrs. Blickensderfer of Stamford.
| Conn. the agent of Mrs. Rogers's wo-
men friends, has telegraphed Attorney
Senter to fight the case to the end as
she will arrange for the money. 1t VIII
cost $1,000 to make this last move.
| There is said to be no hope of exec
utive clemency, as Governor BEL
granted the reprieve only that evidence
might be fairly presented to the su-
preme court. Preparations Tor the
execution, set for June 2. nave peen
made at Windsor and invitations nave
been printed. Mrs. Rogers has been
kent in ignorance of the supreme
made at windsor and admission tick
cts have been printed. Mrs. Rogers
has been kept in ignorance OF the SUI
preme courts decision
The Montpelier correspondent OF
the New York World says that the
writ of error in the Mary Rogers case
was presented to Chief Judge Roweil
Tuesday night. May 30. The assign
ment of errors contains IL counts,
and sets forth as the ground unfair
trial. error of Judge in refusing TO
grant new trial. and other errors
Judge Rowell and associates consld :
cred this assignment until late Tues
day night and Attorney General c. e
Fits was in Montpelier Wednesday
morning to confer with the court.
The Green Mountain association OF
Universalists, including Rutland and
Windsor counties, will meet in Ches-
ter June and 8. An interesting pro-
gram has been prepared.
| Prof. C.. w. Davis, well-known
musician and teacher. died in Bur
lington Monday. May 20. aged So. he
was born in Shrewsbury and studied
in Boston.
BY the will of Mrs. j. Gregory smith
president of the Warner home fof
Little Wanderers at st. Adams from
its foundation in 1882 until her death
4