Waterbury evening Democrat., 1903-06-17

It is possible that a verdict in the case of the strikers now before the SUI. perior court will be reached late this evening or tomorrow morning. The arguments begun yesterday closed to-
 day. MT Hamilton gave MT Kennedy part of bis time yesterday afternoon which left MT Hamilton only about half an hour. He consumed most of that yesterday and was left only about ten minutes this morning.
 The court room was crowded to its utmost capacity yesterday. When it became known that all the evidence was in at noon yesterday crowds flock ed to the court house after lunch and lucky indeed was the layman who had the right to be there, for quite num- Der, of women friends of the court at taches and lawyers engaged in the case were given precedence It was we'll known that the arguments would be the best ever heard in the local < courts and those who came with that expectation were not disappointed. As has been said MT Kellogg opened for the state and MT Kennedy for the defense, followed. Then MT Russell would follow him with either MT Ham ilton or MT O'NeilI to close. But this Sprogram was not carried out as has been seen. Mir Kennedy, who is known for the pathos he puts into his argu- ment and for the power of his plea was never so strong or moving. He was speaking at, press hour yesterday telling the character of the chief wit nes for the state, Wolcott. Following this feature, he quoted from the books < on mistaken identity, showing the evil dence of this feature of law. Re suming his argument he said that the evidence of relatives should not be dis believed, because when the accused were called to tell of their whereabouts on the night of February 26, who would know better about it than their relatives2 Mrs Dennis was forced into the case, he said, and every word she said was true. When the state thought to confound her about the receipt she was given for her furniture by the rail road company, they failed. That re ceipt, he would remind the jury, was made and given by a party who had no issue in the case. He then reviewed the evidence of Willis Vandemark and of Edward Minor the clerk at Hotch- kiss & Templeton's, who spoke to Cliff ford vandemark on the night of Feb ruary 26.
 Kenncdy's Pointed Questions
 AHow could 1t be- asked MT Kennedy. that Minor came to testify falsely? He did not know Vandemark very long; not more than a few months. Then why should he testify to what was not true2 No matter what Van demark's wife said, leaving that out of the question: Minor surely would not 2 lie. He had no interests in the case. He had no motive for telling what was not true. Neither had the barber, Scorpion, who met the Vandemarks and Winnegar at the fruit store on the night of February 26. Then the evil dence of MT and Mrs Payne, and that of the shipping clerk for the Water bury Brass Go. The latter was called in by the state to discredit what Payne had said. But what was the result? :? He strengthened the evidence given by Payne instead of weakening 1t. There are some things that can be struck and battered down, said MT Kennedy, but the more one tries to strike and batter down this defense the more it is strengthened. Minor, the barber, and the shipping clerk are not interested in this case and their evidence, MT Ken .nedy considered, ought to outweigh the evidence of thousand Wolcotts.
 "Yet the state claims these men, meaning the accused, were at the switch, surrounding the car with pis- tols. What were the pistols there for?
 hud knuckles? If there were pistols there they were used to batter and break. Any evidence who carried them? The only evidence that they were there is given by the man who carried the brass knuckles, the man who is clinging to the bosom of the state for protection from his own acts''
 MT Kennedy then took up the case of Marsh, who. 1t will be recalled. was shown to be at birthday party Febru- ary 70 and at'a card party on February 26. There wasno rioting at this party" went on MT Kennedy, mo drinking or disturbance or noise. Now. if you are going to take the evidence of Wolcott and young Ennis against the evidence or these respectable men and women. you are doing what seems to me a very great wrong. 1 say the evidence of these thirty men and women placed against that of Wolcott and Ennis and against the mistaken identity of Merna and Morrfssette. does more than we are obliged to do in this case. You must judge these men and women by the esteem in which they are regarded by their neighbors and those who know them, and if good citizenship and good character stand by men at all, now is the time 1t should stand by these men, If you have lived a good life all your lifetime. Is not the time it should be benefit and a heip to you when you are in trouble? There is no evidence against Brearton or Ross or Mcclure except that of Wolcott, an accompIice. ;" Closing, Mir Kennedy pleaded with the jury to leave all collateral matter out of the question, the strike. the riot and the dendelssohn matter and there would be nothing left of the case. He reminded the jury that this Is the first