Waterbury evening Democrat., 1904-03-30
LOOKS LIKE PRISON FOR VANDEMARK
Judge Wheeler Refused Grant Stay of Attorneys ONein and Kelogg--Persecution Says
 O'Neill, Justice Says Kellogg

4SO4A&S J SSSS~S> Willis Vandemark may be removed from the county jail any day now to the state prison, Judge Ralph Wheeler having refused yesterday to grant a stay of execution of his sentence, two to three years in the state prison. The motion for the stay of execution was heard by the judge after the jury in the Belfit appeal from probate cause had given their verdict. Attorney O'NeiIl and ex-Senator Kennedy ap- peared for the motion and Assistant States Attorney Kellogg and Attorney Root in opposition to it. Only MT ONeill and MT Kellogg spoke.
 MT O'Ne1ll said that he was thor oughly convined the verdict of the jury would be Set aside by the supreme court and res judicata would be found. He cited the case of man who shot another man and the first man was tried for assault with intent to murder. The man defended himself in court and was found not guilty. Later the man who was shot died, and the man who shot him was again arrested, ana this time tried for murder. He set up the plea of res judicata and he was discharged. This doctrine, MT O'Nell held, has been well laid down in the state of Massachusetts. He held that that case was this case exactly; the facts were the same ill both cases. lie was confident in his position that the supreme court would find in this case res judicata. In that case will 1t not be found that great injustice has beef done the accused? He held that the accused should not be sent to the state prison until his final day In court, until the last resource has been tried. It was his constitutional rgnt to not surrender until the last ditch i'll his case has been reached, the supreme court. He was not so sure that 1t was not the accused's constitutional right to appeal. and i'm that case the matter could go to the supreme court of the country, and in case it did 1t would be a year before the end would be reached.
 Execution ought to be stayed, MT O'Neill held. because the accused had given evidence that he would remain here until the final decision should be given. Had he not been here during times of greater excitement than now! There is no more demand for the exc cution of sentence now than before when the city was in great excitement and vociferation. There is no greater demand for his being punished now for perjury than after the first trial.
 It was very strange, he said, that this case should be singled out for per secution. that the state should hold a heavy hand over the accused. MT O'Neill said he had been pract1c1ng law for over forty years and he never knew of a case before for perjury though it often occurred to him that persons should have been prosecuted for perjury. He would not say that this was case of persecution. but he would say that singular persfstency has been shown in following up the trolley strikers Sure, the labor unions, he said, have no great amount of law distributed for them, and 1t Is certain they ought to be permitted to look to the Judiciary for even handed justice.
 He was not sure. but 1t was his i'm pression that this case was brought at the behest of the great corporations to strike at the labor unions. Probably he ought not to have said that, but it should not be said, there should be no room for saying it, that special en- deavor was made to mark out this man or the strikers or to ride over
 
 to be. There ought not to be grounds for giving the people such ideas from any source, and the judiciary ought to take pains to see the people ought to be treated fairly and that there should not be any desire to treat them unjust ly because they belong to labor unions. Any Unusual or excessive fine or pun ishment ought not to be meted out.
 MT O'Neill said he could not recall a single case where an appeal was taken and a stay of execution of sen tence not granted. Then he quoted the law to the effect that stay shall be granted unless the court deems the cause given frivolous or merely for the purpose of delay. This law evoked some expression of difference of opin- ion. After which MT O'Neill resumed and said that delay was not his pur- pose. Marsh is still in Jail, he said He can't get bail. Therefore there is every reason for haste. The final de- cision is not only of interest to Vande- mark, but also to Marsh and the others who are said to have been implicated in the assault at Faber's switch. He then closed saying there should be no difference made in this case from any other.
 MT Kellogg, in reply, said the case was not taken up by the state at the behest of any great corporation or any body else, nor has 1t singled out the accused for any special reason or un- usual punishment. He did not think it necessary to enter any defense for his conduct in the case. He remarked in few words on MT O'Neill's state ment that he had never known of any perjury cases during his practice, after which he returned to the matter in question and said that he must con- fess the case in discussion IS not cus- tomary or common case. God forbid that it should be a common occurrence in this community or state that mob can pound a man into insensibility and leave him a mass of cuts and bruises on the highway so that he was un- recognizable, or as the doctor who ex- amined the wounded men testified, "it was an inhuman sight"
 The witnesses in the first case, said Mir Kellogg, were spirited away from Sto 4o nI 17nffl fbn dau