Waterbury evening Democrat., 1904-03-17
DISPUTE OVER BOTTLE.
Spirited Fight Over Prescription in
 the yandemark Trial.


 The bottle which contained the med icine purchased by willis Vandemark on the evening of February 26. last year, has been given an importance in the case for perjury against him that was not given in either Of the other TWO trials. It was the center of great dispute yesterday afternoon be- tween the attorneys in the case and subsequently, 1t was the center of an other contest. G. L. Dexter, at whose drug store the medicine was D1r- chased. would not, for some time. say Without doubt that the bottle was bought at his place, the only indica- Ilon that it was. was the label on it. Ihere are scores of bottles like 1t. and the label, he said, could easily have been taken off another of his bottles and placed upon it. There was no way by which it could be amthorita- lively recognized, and all that MT Dex- ter would actually admit was that it seemed to have been bought at his store. MT Kennedy tried by every posslDle means to ascertain what time Ill the day it was purchased, but all his efforts were futile. This was an important point to clear up. but the compromising clerk, Joseph Fl. Kill bride, would only say that to the best Of his Judgment it was made up in the afternoon. By putting it up is meant that he merely removed the makers label and put on Mir Dexter's. the rule usually followed in selling medicines of this nature. He told how prescrip- tons are recorded, made up and checked off and everything relating to them until they are given or sent to the customer. The prescription book showed there were seventeen new pre- scriptons put up before the one in question and two after It. There are no means, he said, of telling the time at which the last two were put up. Witness prepared the one in question. He could not tell if it had been called for or given direct to the customer. The medicine was proprietary, and all he had to do was to take off the makers label and put on his own con- taining the directions for use This would take him about ten minutes. The prescription was checked off by c. W. Perkins. Still he could not tell at what time the prescription was pre- pared, only that he thought the day was Thursday and on that evening MT \ Perkins usually leaves the store be- tween and 6:30 o'clock. Whether he left that evening or not he could not say. 1t was his impression he wit ness, was present when the prescrip ton was. checked off. In all there were twenty nine prescriptions put up that day. Old and new prescriptions are recorded together, and the one in question was the third last of the new him that the prescription was put up in the afternoon.
 This closed with the witness. and Mir Kennedy offered the bottle in evi dence. Mr Kellogg objected on the grounds that the bottle had not been identified: 1t was the label on it that was mentioned in the evidence. How ever both bottle and label were al- lowed in, and also the prescription book.
 Myron E. Paine, clerk for the Wa terbury Brass Co, testified he saw ae- cused at his house about 6:15 on the evening of February 26. Accused boarded at witness's house at that time. They went up town about 7:45 together and parted at the Citizens bank Witness went to Jacques's theater. He could not say where ac- cused went to. Witness got home about II o'clock and found his wife and accused there. He was positive Of this and also that Vandemark did not leave the house while he was up. He retired about 12 o'clock He knew ynndemark was Ill this time and saw ll1m using a medicine bottle like the one in evidence Afterwards, when accused was arrested, all this came to witn-ss's mind. The date on the bot tie. particularly, reminded him of the because he recalled yandemark telling him about the bot. tic and seeing it in the house on Feb runry P.
 His previous testimony was then read, showing that he then said he did not know if vandemark brought home the bottle on the night of the 26th.
 Mrs Mary Paine, wife of the last wituess corroborated his evidence, and added that Vandemark returned home the evening of the Beth soon after II o'clock.
 Mir Kennedy repeated the answer, putting 1t as his next question, and MT Root objected, claiming that the wit ness had said, 1T think 1t was after II o'clock" and thati 1t was very impor- tant that when counsel repeats an an- swer not single word only those men, tioned by the witness should be used. It was of the greatest importance, he said, to the issue involved that particu- lar attention should be paid to every word uttered in order that there should be no misunderstanding by and by.
 The evidence was read and 1t was found that witness had not said the words 1T think" in the answer al- luded to-, but in the answer following that.
 Court then suspended for the day.
 ---------
 COiombIa Legation Closed.