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

AoDD1il& the buCd CElA Two years az
keep a jury IN the first trial from II
versed on appeal.
A dramatic move. which would:
take the tiny brown-eyed girls case
out OF court and keep her from the
shadow Of jail or prison. has been
nated in preliminary steps BIZ
ca nusband-sttorney. Otis Rogers.
~. Rogers has said he will APP
pear ready" when the case is called
a. La Grange. and will not ask a
further change Of venue. The case
originally was transferred from
Mays county 20 Fayette county.
Relief that he has followed up his
insanity plea for his wife by taking
- TO a county court and securing
q decree committing her to his care.
vas expressed in reports az 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 10 deny or
affirm these reports.
Bonafide Plea
Such a o has been considered
answers Of both Rogers and Mrs.
Bradley REVEALED. II would have
taken its 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. Blundells state
ment 20 the jury that II her plea
nj Hnr1~4tvt -~1r = L~MA I'LL - -
lawyer would have gone before a
county court for a decree. was one
OF the points on which criminal ap-
peals court reversed the l4-year SEN
tence she was given. Another argu-
ment Of Blundell held to have been
a reversible error. was his statement
that II Mrs. Rogers really were in
sane, Gov. Dan Moody could grant
her q pardon.
II was learned that Mrs. Rogers
is at her home in Fort Worth, as 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 az
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,
II IL has been taken.
Mr.. Rogers was here during the
past week. but his wife did not come
with him. He was here before Grim
inal appeals court IN a case not re-
L. to theirs.
On her insanity plea was Of
fereF on her first trial. numerous
psychiatrists and mental experts
were placed on the stand TO testify
for and against her. The girls au-
photography Of her university DAYS
here among documents used In an
effort to portray 70 the jury mental
quirks OF the girl who was known
20 be p~recocious 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 robbinc
the bank az Buda Of / 1000. Ac-
ccrding 70 testimony she drove from
Austin TO Buda alone in her small
coupe. represented herself as a
newspaper reporter at the bank. and
when all customers were our.
forced the cashier and bookkeeper
into the vault and took 1000 in
currency. She was arrested here
the same night. The money was. re-
covered and returned to the bank.
She secured bail early the next
morning. after a sensational series
II court proceedings which led from
ilstice court through the court Of
Eiminal appeals. When the La
orange jury fixed her penalty az
years. that permitted her to again
lake bond on appeal. while a Is
sar penalty would have kept her IN