Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1905-10-20
IN OUR OWN STATE
MARY RoeERs's CASE ADVANCED

Hearing Set by the United States Supreme
Court for Nov. e-Her Friends Hoped
for Delay
Mrs. Mary Rogers, the condemned YER
mont murdress, was advanced Monday at
Washington by the United States SUI
preme court to November 6, when a hear
ing will be held.
Atty. Gen. Clarke c. Fits made
motion for advancement September Is
with the clerk of the United States SUI
preme court and October 10 he filed the
motion with the court itself.
Mrs. Rogers, found guilty of the
murder of her husband, Marcus Rogers,
at Bennington in August, 1902, was sem
fenced to be hanged February 3, 1906
On the ground that new evidence had
been discovered, Gov Bell, February 3
last, granted her n reprieve of four
months. May q the full bench of the
state supreme court denied a petition
for new trial. In order that the case
might be brought to the attention of a
justice of the United States Supreme
court, Gov Bell granted a second re-
prieve, June l, extending to June %.
June 8 Justice Rufus w. Peckham of the
United States Supreme court refused to
grant a writ of error. June 49, Judge
Hoyt II. Wheeler, in the United States
district court, granted a writ of habeas
corpus and June % he permitted an APP
peal to the United States Supreme court.
The same day Gov. Bell granted a re-
prieve until Dec. s.
In opposing the motion to advance,
Mrs. Rogers's attorneys contend that
the proceedings against her have been
irregular and Illegal, and add
The supreme court having taken
Jurisdiction, 1t alone had authority to
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 it into effect. 1t now has
no jurisdiction to do so. Sentence of
trial court that appellant be executed
February 3, 1905, cannot be carried into
effect. That court has no Jurisdiction
to pass a new sentence or fix a time for
executing the death sentence it did pass.
That court has adjourned without day.
There Is no court or officer or person
who can now lawfully pronounce sem
tence of death upon appellant or can fix
time for carrying the death sentence
of the trial court into effect, or law
fully cause the death penalty to be in
hicted upon her for the offence for which
she has been convicted, unlawfully, she
| claims. The law of Vermont provides
way for her legal trial and execution,
| but these laws have not been followed,
| and she is now imprisoned without right
| or authority, and unless this court makes
| available to her the guarantees of the
constitution of the United States she
will be executed at some future time
about fixing the date of which she can
not be heard, although the law of Yer
mont provides she may be heard as &c
| that"
1t had been hoped by those who sought
| to save Mary Rogers from the gallows
that the United States Supreme court
would refuse to advance the case. II
| this event the case might not reach
hearing for a year or two. Gov. Bel
would be compelled to grant a further
reprieve and the case probably would
not be settled until another Legislature
had had an opportunity to commute tbs
| sentence to imprisonment for life.