Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-05-04
Plenty Of AHldavits Secured 10 SHOW
Tint She Was Foolish, Degraded
and Had q Drunken Father and
Insane Cncle-Afldavitso Of
Two Attorneys Wanted.

Before presenting his petition Mr..
Moloney said he had 1t complete with
the exception of the affidavit Of L. G..
Archibald of Manchester. who was
counsel for Mrs. Rogers when she was
tried in Bennington county court. lie
had expected this affidavit before this
time, but it had not come and this affi-
davit would show that at the time of
| the trial Mr.. Archibald had no knowl-
edge of the facts contained in the Pc
tition, that the case was tried on the
theory that strangulation was the
cause of the death of Marcus Rogers.
Mr.. Moloney then read a petition
signed by Mary NJ Rogers. which was
drawn by +. Il. Flynn OF Springfield,
which, after citing facts leading up to
the present condition Of affairs. stated
that she was wrongfully convicted OF
murder in the first degree and pray
| ing for new trial on the grounds of
newly discovered evidence.
| Next came the affidavit of Wilson S. Low
ell, now superintendent of the state prison
| at Windsor, stating that he was present
at an interview January 81 last at the
prison between T.. y. Flynn and Leon Per-
ham in which Perham stated that he lied
county court and that he did 1t to save
his own neck. To this was attached tho
affidavit of E. w. Cakes to the same ef-
feet.
RIDICULED AT SCHOOL.
| Next came tho affidavit Of Mary \. Hale
of Hoosick Falls, n. y. that she attend
ed schoo, with Mary Rogers. that Mary
was the butt of ridiculc of all the school
because OF her peculiarities in decorating
her hair and clothing with fantastic bows
and ribbons Mary was backward in her
studies, weak mentally and of Il very low
order of intelligence.
| The affidavit of Charles Cochcran of
Hoosck Falls. n. V. showed that he
knew Mary Rogers at school and that
later she worked for his mother AS a
child she had II weak mind and when
she worked for his mother she was of IA
very nervous temperament and her mem
tally was weak. The affidavit of Ellen
f. Cocheran of Hoosick Falls. n. y, was
| to the same effect as that of Charles Coch-
eran.
| William Stinton of Hoosck Falls in an
affidavit testified that Mary Rogers work
ed for him as domestic and he had an
opportunity to study her peculiaritics and
we'll knew her to he weak mentally.
Barney Smith Of lIoosick Falls swore in
an affidavit that Patrick Dwyer, an I'M
Gle of Mary Rogers. at one time at
| tempted suicide. was later pronounced
insane by physicians and comritted To
n hospital for the insane in Poughkcep-
sic. ~ v This last affidavit was sub
s,antiatcd by those of the officials of
the institution where Dryer was COM
mttcd.
Teresa Smith Of IIoosick Falls swore
to an affidavit that she had been init
matcly acquainted with Mary Rogers
from her carly childhood and that she
was not sound mentally.
The deposition Of Lewis H1ussler. an
undertaken of Nocsick Falls. who pre-
pared the body of Marcus Rogers for
burial showed that there was COM
pound fracture of the skull when was
not made after the body was in his
charge.
FATHER WAS STRANGE.
Jane Smith Of Petersburg. n. ". fur.
nished an affidavit that she attended
Mary Rogers's mother when Mary was
born. that the father. Charles Bennett
acted strangely ard threatened to xii
|
attempted Ia kill the infant by stranglnr
it. bennett was of a low. depravsd NOR
atty. addicted to the use of intoXicat
ing liquor, acted in an insane manner
toward his family and was victim OF
moral insanity.
William Brant of Hoosick Falls knew
Mary Rogers since her birth and was
Intimately acquainted with her father
and mother, the latter were of a very
low order of intelligence. the father uset
intoxicating liquor 10 excess and was q
moral degenerate. The witness had fire
uuently observed that Mary Rogers has
MANY of tho characteristics of her par
ents,
Leroy r.. McQuain. practicing physi-
, clan, testified that on August 7. 1902. two
, days before the murder of Marcus Rog-
crs he was requested by the said Rogers
, not to give Mary Rogers drugs or mcdi-
cines ana when after this request he re-
, fused to prescribe for her. she flew into
, IL passion and threatened to kill him
lie believed her to be suffering at thai
time with puerpural insanity caused BY
pregnancy. The affidavit of Charles a
. lMcCarty. an attorney of Hoosick Falls. n
V, verified the affidavits regarding tn
= commitment OF Patrick Dwyer a brothe
of the mother of Mary Rogers to al
Insane institution. Mr.. McCarty also ties
tilted that he had been hindered in thu
work of obtaining evidence for IA new
trial by an aunt Of Mary Rogers. VIII,
: objected to any evidence OF insanity il
that family.
vi WAS MARRIED YOUNG.
Tho certificate of the marriage o.
10 Marcus Rogers to the condemned woma
showed that she was only fifteen an
n one half years old when she was mar
ried. This was supported by the affidavi
OF william p. Hays. town clerk o
Hoosick Falls.
Mr.. Moloney also presented an affidav
,e OF Or. George Lamb. practcing phys
.. clan of Hoosick Falls, showing that d.