Waterbury evening Democrat., 1904-08-13
VANDEnARK MUST SERVE
Decision of Judge Hammersley Says
 No Error in Superior Court.


 Willis IF. Vandemark, the former trolleyman, who was convicted of perjury in connection with the fa- nous Faber switch assault case and was sentenced to not less than 2 nor more than 8 years in state prison last February will have to serve out the sentence at Wethersfield accord ing to decision rendered by the New Haven superior court in New Haven yesterday. After the trial in Febru- ary, when Vandemark was sentenced, Attorneys 0'Neill and Kennedy ap- pealed the case to the supreme c6urt and the arguments were made i'll June. The decision, which was hand ed down yesterday, was written by Judge sHammersley and 1t found no error in the superior court trial. This decision not only means that Vande- mark will have to remain in Wethers- field, but that David c. Marsh, who was arrested at the same time as Vandemark for the same offense, and has been in the New Haven jail ever since awaiting the outcome of this case, will be tried on the charge of perjury at the October term of the superior court in this city.
 Another decision, handed down by the supreme court yesterday was that in regard to the appeal of the nine labor leaders iii New Haven who fig ured prominently in the teamsters' strike several months ago, were ar rested on a charge of conspiracy found guilty and sentenced to three months in jail. As in the Vande- mark case, the superior court Is up- held and no error is found. This case is particularly interesting to Wa terbury people, as Philip Daly, for mer1y of this city, IS one of the nine men who was sentenced to jail At the time of the strike he was secre- tary of the Central Labor union of New Haven and was an interested worker in the teamsters' behalf. TNwenty-one teamsters or labor lead CTS were arrested at the time in New Haven, but the cases of only nine were tried. 1t is probable that the other twelve cases will be heard at the next term of the superior court.
 Attorney John ONeill, one of the lawyers for Vandemark, was asked if he had any comment to make upon the decision, and he replied in the negative. He stated that he was un- able to say at this time whether the case would be appealed to the United States supreme court. eve will have to wait until we read the entire de- cision of the court before deciding upon what course to pursue" contin- ued Mir ONei1I "We asked the judges to consider the merits of the case and render decision thereof. We don't know whether they did or not They may have decided 1t upon technicalities. Judge Hamnersley, who gave the decision, deals much with technicalities.''
 The decision was a disagreeable surprise to many of Vandemark's friends who thought that the appeal would be upheld.
 Attorney William D. Kennedy, who was engaged with Attorney O'Neill in the defense of Vandemark, was one of those who were much surprised at the decision. He had worked hard in the case and was deeply interest ed in the outcome. He was out of town but Democrat reporter talked with him over a telephone to Wood mont where he spends the summer at their cottage. He said: "The deci- sion was q great surprise. to me. had confidently expected that the su- preme court would grant new trial. The law points raised were novel in this state and this decision establish ed precedent As there is a federal and constitutional question involved, we have the right of appeal to the supreme court of the United States. Whether, however, an appeal will be taken depends upon the desire of our clients. While have not read the full decision of the court and cannot positively advise upon an appeal un- til l have done so, consider that where mans liberty is at issue ev- cry legal advantage should be eln- braced.
 William Jennings, who ID immune to defeat by this time, lost once more in the sealed letter. chapter of the Philo S. Bennett will case. The su- kprefae court judges found no error in the decision Of either Judge Cleave- land of the probate court or Judge Gager of the superior court. both Of whom excluded the famous sealed letter of the late Philo &. Bennett, be- queathing the sum Of SJO.0o0 to z+r Bryan. The Judges found that tie letter was no part of the will fnd was not written until several days after the will had been signed. The for mer democratic candidate for presi- dent may appeal the case to the Unit ed States supreme court.