Waterbury evening Democrat., 1904-03-22
ARGUMENTS IN THE VANDEMARk PERJURY CASE.

and more numerous than the evidence given for the defendant.
 '.The safeguard placed around this accused by the law never permits pas sion, prejudice, feeling of hatred or sympathy to gain a foothoId here. Away with everything but the evidence and the law
 MT Kennedy then attacked a re quest made by MT Root to the court to charge the jury. MT Kennedy held it took more than oath against oath to convict for perjury. He refuted the idea that Wolcott told his story solely because his attorney told him to tell. There was something more behind it. Wolcott expected poodle. His repu- tation was shown on the stand by reputable people, professional and business. Here where he has lived all his life no one had a good word for him, but everybody bad one. He lied to Detective Rogers, he lied to the man he left in charge of his place that night, and he lied now when he said it was VandemaTk put the handker- chief on his face to illustrate how to put, because in the other case he swore it was Winnegar did that. When you consider this evidence, think of the nobility with which it was given; that nobility so sweetly described by MT Root" He said if that is the kind of nobility the American people prefer it is good thing it Is pretty scarce; but he did not think 1t is the kind the peo- pie admire or want in this country.
 Morrissette and Ennis, he claimed, disagreed on a vital point. Morrissette testified he identified accused kicking him as he was on the ground, yet En- his said that at that time accused was standing with him on the Waterville road looking at the others coming down the hill. %s .....
 Taking up the evidence of Ball, he asked the jury to see the nobility ill it and then quoted Ball as saying he was mad" at the strikers, was ''an- gry" at them, and that he did not know if he were anxious to see ac- cused convicted; that he was mad, and he was not. He claimed that the boys made their statement in jail for some purpose.
 Holding up Thorpe's statement to Rogers, he said:
 "Gentlemen, here is the confession of that wonder of nobility, Charles Thorpe. It bears his name, and he says it is his signature, and he swears it is his statement. Therefore we must accept it as such; but if you can find in it one word about Willis Van- denmark, one place where his name is mentioned, find Willis Vandemark guilty
 MT Kennedy dwelt for q considerable time on the evidence of the Paynes, and then in his customary dramatic styles on such occasions as this he said
 "I ask you, gentlemen of the jury, would you rather trust Myron Payne and his wife Or those boys who testi- fled for the stateY'
 He claimed the evidence of the boys regarding Vandemark's alleged warn ing In the pool room to the boys to 'close their traps, that one of the scabs is dead" was contradictory 1n- asmuch as that several stories were told. This story was made up by the boys in order to serve themselves. Every witness for the state, he said, was interested in the case Wolcott particularly. The idea of Wo1cott tes- tifying hc was promised no reward was the height of nonsense, and the whole case of the state was enough to