Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-05-09

rDcblEg the Buna bank two years az
keep 2 jury in the first trial from il
versed On appeal.
A dramatic move. which would:
take the tiny broWn-eyed girls case
ut of court and keep her from the
1adow Of jail or prison. has been
lMEnated n preliminary steps by
rusband-attorney Otis Rogers.
IN Rogers has said he will ap-
PEAR ready when the case is called
az la Grange. and will not ask a
further change Of venue. The case
originally was transferred from
NAYS county TO Fayette county.
Relief that he has followed Up his
insanity plea for his wife by taking
10 to a county court and securing
. decree committing her 10 his care.
vas expressed in reports M Fort
Worth. their present home. and
here, her former home. This be-
lief was strengthened on the eve
OF her trial. by refusal Of both her
mother. Mrs. Grace Bradley OF Aus
tin, and her husband TO deny or
affirm these reports.
Bonafide Plea
Such q move has been considered.
answers Of both Rogers anc Mrs.
Bradley REVEALED. II would have
aiken It's cue from both the insanity
plea made IN the young woman's
first trial. and in arguments OF Dis
trict Attorney Fred Blundell who
prosecuted her. Blundell's state
ment 10 the jury that If her plea
OF insanity vas a bona fide one her
lawyer would have gone before a
county court for a decree, was one
OF the points on which criminal ap-
pealS court reversed the 14-year SEN
tence n was given. Another argu-
nent OF Blundell held to have been
2 reversible error. vas his statement
that II Mrs. Rogers really we're in
sane, Gov. Dan Moody could grant
her a pardon.
II was learned that Mrs. Rogers
Is &c her home In Fort Worth. a. the
time for her trial nears.
Legal procedure permits a person
declared insane TO be committed to
the care Of an individual or a pri-
vate institution.
Should Rogers have renewed his
trial plea and secured a county court
order conforming with il. when he
appears on behalf of his wife al
La Grange. presentation or that or
der would effectively prevent Mrs.
Rogers trial on the criminal charge
against her. and would prevent her
trial until such order should be re-
scinded or cancelled.
Not Been Informed
District Attorney Blundell. who is
ready TO retry Mrs. Rogers case. has
not been informed Of such a step.
If 10 has been taken.
Mr.. Rogers was here during the
past week, but his wife did not come
with him. He was here before GRIM
.nalf appeals court in a case not re-
- 70 theirs.
IN her insanity plea was Of
fer on her first trial. numerous
psychiatrists and mental experts
were placed on the stand 70 testify
for and against her. The girls au-
photography Of her university DAYS
here among documents used in an
effort 10 portray 10 the Jury mental
44AA A. Va Viz sill VIII was hLlIhH j
20 be precocious and Of brilliant
mind.
Before her secret marriage 10 the
young attorney had been made
known. and while she was stenog-
rapher 70 Atty. Gen. Dan Moody.
Mrs. Rogers was accused Of robbing
the bank az Buda OF 81 900. Ac-
cordlng 10 testimony she drove from
Austin 70 Buda alone in her small
coupe. represented herself as q
newspaper reporter at the bank. and
when all customers were ouL.
forced the cashier and bookkeaper
into the vault and took 81 1000 in
currency. Sire was arrested here
the same night. Tine money was re-
covered and returned 10 the bank.
She secured bal early the next
morning. after a sensational series
OF court proceedings which led from
justice court through the court OF
criminal appeals. When the La
Grange Jury fixed her penalty at
IA years. that permitted her 10 again
make bond on appeal. while a Is
penalty would have kept her IN