Mary Rogers (murderer)
Encyclopedia
Mary Mabel Rogers was the last woman legally executed
by Vermont
. Rogers was hanged for the 1902 murder
of her husband, Marcus Rogers.
the child. These suspicions were heightened after Marcus Rogers became violently ill after drinking tea that his wife had prepared for him. Mary Rogers moved out of the house shortly after this incident, but her husband hoped they could reconcile.
, while Mary lived in Bennington, Vermont. Although Marcus pleaded with his wife to join him in Hoosick Falls, she refused. Mary Rogers struck up relationships with a laborer, Morris Knapp, and two brothers living in the same residence house as Knapp, Leon and Levi Perham. Rogers first approached Levi Perham with an offer of $500 if he would kill her husband. Levi initially agreed to help her, but he was intoxicated at the time and later backed out; he did not tell the police because he felt it was just idle talk.
Rogers then proposed the idea of murdering her husband to Leon Perham while they lay in bed in early August 1902; Leon agreed to help her kill her husband, even though Rogers made it clear that her reason for disposing of her husband was to leave her free to marry Knapp. Rogers arranged to meet her husband in a Bennington picnic grove on the evening of August 12, 1902. Leon Perham was with Mary when Marcus arrived, but apparently Marcus did not question Leon’s presence. That evening, Mary pretended to be happy to have seen her husband and spoke with him of reconciliation.
At some point during the picnic, Mary offered to show her husband a rope trick
she had learned from a friend. Mary tied Perham’s hands several times, and each time Perham easily broke free of the restraint, with Mary pretending to be disappointed when he did so. Mary then challenged her husband to try the trick. She tied his wrists a few times, and he also easily broke free. Then Mary “convinced” Perham to try the trick on her husband. When Perham bound Marcus' wrists behind his back, Rogers could not break free. Mary took a vial of chloroform from her purse and forced her husband to breathe it in for about twenty minutes, until he stopped struggling. Mary went through Marcus' pockets and removed his life insurance payment book. Mary and Perham then rolled the body into the nearby river and Marcus Rogers drowned. Rogers tacked Marcus' hat to a tree with a suicide note.
. At Rogers's trial in 1904, Perham was the state's key witness against Rogers, and because of his testimony (and his youth) Perham avoided a death sentence. At her trial, Rogers was portrayed as a shameless harlot and an unwomanly monster. She was found guilty of first degree murder and sentenced to death by hanging.
. State Representative Frank C. Archibald of Manchester, who was also one of Rogers' attorneys, introduced a bill
in the Vermont House of Representatives
that would have commuted Rogers' sentence to life imprisonment. The bill was referred to the judiciary committee on October 12, 1904. On December 6, the committee reported in favor of its passage. On December 7, a vote on the bill in the House of Representatives
was defeated by a vote of 139 to 91.
On December 9, Representative Archibald proposed a joint resolution of the Vermont House and Senate
to investigate Rogers' physical and mental condition at the time of the commission of the crime and at the present time, and to prepare a report as to her condition for the governor
. The resolution stated that if it should appear that Rogers either at the time she committed the crime or at present was mentally or physically unsound, that a reprieve should be requested and her execution delayed until after the 1906 Vermont Legislative Session. The House adopted this resolution but the Senate did not.
On May 30, 1905, Governor Charles J. Bell
granted a reprieve to Rogers after the Vermont Supreme Court
denied Rogers' appeal by a 5–2 vote; the reprieve was intended to allow the appeal to be heard by the United States Supreme Court. The U.S. Supreme Court heard the case on November 6 and held on November 27 that the Court could not find that Rogers had sustained any violation of her Federal Constitutional
rights by the proceedings of the executive or judicial departments of the State of Vermont.
and the execution was scheduled for December 8, 1905. Rogers inquired on December 7 whether the gallows were being erected, despite efforts having been made to muffle the construction noise. During the ten days between the signing of the warrant and her execution, Rogers had eaten and slept well, but she declined breakfast on the morning of her execution.
Governor Bell granted leave to hear an appeal from Rogers' counsel at 8 a.m. on her scheduled execution day; however, he found no reason to commute her death sentence. With no new evidence, he declined to stay the execution and Rogers was hanged at the Vermont State Prison later that day.
Capital punishment in Vermont
The death penalty was a legal form of punishment in Vermont until 1965. Vermont last executed a prisoner in 1954. However, Vermont statutes still state that the punishment for treason is death....
by Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
. Rogers was hanged for the 1902 murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
of her husband, Marcus Rogers.
Marriage
At age 17, Mary married Marcus Rogers. She was noted for being immature and restless, and often stayed away from home when she was upset with her husband. Rogers gave birth to a daughter in 1901. When the child was six months old, Rogers ran into a neighbor’s home crying that she had dropped the baby, who later died of a fractured skull. Her husband’s family believed she had intentionally killedInfanticide
Infanticide or infant homicide is the killing of a human infant. Neonaticide, a killing within 24 hours of a baby's birth, is most commonly done by the mother.In many past societies, certain forms of infanticide were considered permissible...
the child. These suspicions were heightened after Marcus Rogers became violently ill after drinking tea that his wife had prepared for him. Mary Rogers moved out of the house shortly after this incident, but her husband hoped they could reconcile.
The crime
Marcus Rogers found work as a laborer in Hoosick Falls, New YorkHoosick Falls, New York
Hoosick Falls is a village in Rensselaer County, New York, United States. The population was 3,182 at the 2010 census, a decline of 254 since 2000. During its peak around 1900, the village had a population of about 7,000...
, while Mary lived in Bennington, Vermont. Although Marcus pleaded with his wife to join him in Hoosick Falls, she refused. Mary Rogers struck up relationships with a laborer, Morris Knapp, and two brothers living in the same residence house as Knapp, Leon and Levi Perham. Rogers first approached Levi Perham with an offer of $500 if he would kill her husband. Levi initially agreed to help her, but he was intoxicated at the time and later backed out; he did not tell the police because he felt it was just idle talk.
Rogers then proposed the idea of murdering her husband to Leon Perham while they lay in bed in early August 1902; Leon agreed to help her kill her husband, even though Rogers made it clear that her reason for disposing of her husband was to leave her free to marry Knapp. Rogers arranged to meet her husband in a Bennington picnic grove on the evening of August 12, 1902. Leon Perham was with Mary when Marcus arrived, but apparently Marcus did not question Leon’s presence. That evening, Mary pretended to be happy to have seen her husband and spoke with him of reconciliation.
At some point during the picnic, Mary offered to show her husband a rope trick
Magic (illusion)
Magic is a performing art that entertains audiences by staging tricks or creating illusions of seemingly impossible or supernatural feats using natural means...
she had learned from a friend. Mary tied Perham’s hands several times, and each time Perham easily broke free of the restraint, with Mary pretending to be disappointed when he did so. Mary then challenged her husband to try the trick. She tied his wrists a few times, and he also easily broke free. Then Mary “convinced” Perham to try the trick on her husband. When Perham bound Marcus' wrists behind his back, Rogers could not break free. Mary took a vial of chloroform from her purse and forced her husband to breathe it in for about twenty minutes, until he stopped struggling. Mary went through Marcus' pockets and removed his life insurance payment book. Mary and Perham then rolled the body into the nearby river and Marcus Rogers drowned. Rogers tacked Marcus' hat to a tree with a suicide note.
Investigation and trial
After the body was discovered and an investigation begun, Perham made a full confessionConfession (legal)
In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person. Some authorities, such as Black's Law Dictionary, define a confession in more narrow terms, e.g...
. At Rogers's trial in 1904, Perham was the state's key witness against Rogers, and because of his testimony (and his youth) Perham avoided a death sentence. At her trial, Rogers was portrayed as a shameless harlot and an unwomanly monster. She was found guilty of first degree murder and sentenced to death by hanging.
Commutation efforts
Following Rogers's conviction, there was a concerted effort to have her death sentence commutedCommutation of sentence
Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime...
. State Representative Frank C. Archibald of Manchester, who was also one of Rogers' attorneys, introduced a bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
in the Vermont House of Representatives
Vermont House of Representatives
The Vermont House of Representatives is the lower house of the Vermont General Assembly, the state legislature of the U.S. state of Vermont. The House comprises 150 members. Vermont legislative districting divides representing districts into 66 single-member districts and 42 two-member...
that would have commuted Rogers' sentence to life imprisonment. The bill was referred to the judiciary committee on October 12, 1904. On December 6, the committee reported in favor of its passage. On December 7, a vote on the bill in the House of Representatives
Vermont House of Representatives
The Vermont House of Representatives is the lower house of the Vermont General Assembly, the state legislature of the U.S. state of Vermont. The House comprises 150 members. Vermont legislative districting divides representing districts into 66 single-member districts and 42 two-member...
was defeated by a vote of 139 to 91.
On December 9, Representative Archibald proposed a joint resolution of the Vermont House and Senate
Vermont Senate
The Vermont Senate is the upper house of the Vermont General Assembly, the state legislature of the U.S. state of Vermont. The Senate consists of 30 members. Senate districting divides the 30 members into three single-member districts, six two-member districts, three three-member districts, and one...
to investigate Rogers' physical and mental condition at the time of the commission of the crime and at the present time, and to prepare a report as to her condition for the governor
Governor of Vermont
The Governor of Vermont is the governor of the U.S. state of Vermont. The governor is elected in even numbered years by direct voting for a term of two years; Vermont and bordering New Hampshire are the only states to hold gubernatorial elections every two years, instead of every four...
. The resolution stated that if it should appear that Rogers either at the time she committed the crime or at present was mentally or physically unsound, that a reprieve should be requested and her execution delayed until after the 1906 Vermont Legislative Session. The House adopted this resolution but the Senate did not.
On May 30, 1905, Governor Charles J. Bell
Charles J. Bell
Charles James Bell , a Republican, was the 50th Governor of the U.S. state of Vermont from 1904 to 1906.-Early life and education:...
granted a reprieve to Rogers after the Vermont Supreme Court
Vermont Supreme Court
The Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont and is one of seven state courts of Vermont.The Court consists of a chief justice and four associate justices; the Court mostly hears appeals of cases that have been decided by other courts...
denied Rogers' appeal by a 5–2 vote; the reprieve was intended to allow the appeal to be heard by the United States Supreme Court. The U.S. Supreme Court heard the case on November 6 and held on November 27 that the Court could not find that Rogers had sustained any violation of her Federal Constitutional
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
rights by the proceedings of the executive or judicial departments of the State of Vermont.
Investigation into prison behavior
In 1904, the Vermont Commission to Investigate State Institutions began investigating charges of misbehavior at the Vermont State Prison, where Rogers was being held. A large portion of the commission's transcripts focused on its examination of allegations of inappropriate sexual relations between prison officers and Rogers.Execution
After the decision of the U.S. Supreme Court, Governor Bell signed Rogers's execution warrantExecution warrant
An execution warrant is a writ which authorizes the execution of a judgment of death on an individual...
and the execution was scheduled for December 8, 1905. Rogers inquired on December 7 whether the gallows were being erected, despite efforts having been made to muffle the construction noise. During the ten days between the signing of the warrant and her execution, Rogers had eaten and slept well, but she declined breakfast on the morning of her execution.
Governor Bell granted leave to hear an appeal from Rogers' counsel at 8 a.m. on her scheduled execution day; however, he found no reason to commute her death sentence. With no new evidence, he declined to stay the execution and Rogers was hanged at the Vermont State Prison later that day.
External links
- Rogers v. Peck, 199 U.S. 425 (1905) (opinion full text)