Waterbury evening Democrat., 1904-03-17
PERJURY EVIDENCE IN.
Lawyers Are Hustling the Vandemark Case-Witnesses the Stand o.Day and the Stories They Told
 Marsh and Vandema rk Testify

Among the crowd that attended the opening of court today was David O.. Marsh. Before court opened he and his wife and counsel and a few friends occupied Sheriff Doherty's office with out any apparent espionage of the law. In fact, for the past few days Marsh has been in the partial enjoyment of the full limits of the court house building. and apparently he was as care free as the lightest hearted person in the daily throng that seeks excite ment in this trial. The attendance on opening day was larger than it was yesterday. As the end draws near the attendance increases
 Mrs Payne resumed the stand this morning. She said Vandemark was SICK all last winter and was in bed the greater part of February 25, and she recalled that on the evening of Febru- ary 26 he got home about II o'clock and had with him bottle of medicine like that in evidence. She was certain 1t was at II o'clock he got home, for she heard her clock strike about that time. She also heard it strike 12 and 3, but could not recall hearing it strike 10. Mrs Payne was positive witness and Mir Root could not shake her evi- dence. Her sister was Vandemarks s wife.
 Frederick B. Seymour said he lives at 29 Hospital avenue and is a tube drawer at Wells's factory. He knows Vandemark. On February 26 he was at Wolcott's pool room at S:3O and re- malned there about three-quarters of an hour. Farnsworth was in charge and accused was present The latter left before witness. After witness left the pool room FaIHsworth was alone. He did not See Wolcott there
 Tn his cross-examinatioa by Mr Kel- logg, witness told of his movements on the night in question. There were about eight or ten others ill the room, but he did not know them. He could not say that Farnsworth was alone after he had left. He left about II o'clock, and could not say when the others left. Witness was frequenter of the pool room, but could not say if he had been there February 25, 24 or any other date but February 26 It was Winnegar who called his attention to his being in the pool room February 26. Winnegar asked him if he recalled the night he was in the pool room, and he said he did because he had intended going to a party in Meriden that night. The conversation on this matter took place in April after the arrest of the strikers. Witness could not recall the night until two days after Winnegar spoke to him. He spoke. about the matter to Howard Dennis. He did not know that Dennis held an official posi- ton in the strikers union, and he be- lieved he spoke to MT O'Neill about the matter of seeing Vandemarkin the pool room. Marsh he knows by sight four or five years, he said, and he did not see him ill the pool room on the night of February 26.
 Charles c. Smith, 4 St Paul street, gave evidence in denial of the testi- mony that Marsh was at the switch. Smith was one of the card party at Mrs Devoe's house on the night of Feb- ruary 26, and. according to his evi- dence, Marsh was also member of the party and was present all the even- ing. He knew the party was held on February 26 because the evening be- fore he was at birthday party at a neighbours. The party broke up at 3 in the morning, and because of that MT Root claimed the party was held on February 26. Mir Kennedy an- swered that MT Root was getting too nice altogether"
 Cross-examined by MT Root, witness said he has been seven years in town and became acquainted with Marsh about four months before his arrest. Witness asked his friends if their card party had not taken place the night of the assault, whereupon they talked the matter up and concluded it was the frrl,[ xrYifn nSQ tell Of everything he remembered doing on the day of February 26 from the time he got up in the forenoon. All that he actually remembered vas bringing up bod of coal and eating his meals Witness said he Is a painter and IS member of the painters union, and un- til now bis attention was not called to what he did that day, but it was called to the assault and the birthday and card parties.
 Robert 0. Rowe, 115 East Farm street, a guest at the parties, told what he recalled and meeting Marsh there, corroborating in almost every detail the last witness. He was asked ii he played cards with Marsh before Feb ruary 26, and the question caused storm Of objections. He said he dld.
 Alfonso Gauthier, East Farm street, whose birthday anniversary was the cause of the plrty, then testified. Gauthiers birthday seemed matter of great importance to MT Root. Wit ness said his age was 37 and he was born February %, 1868, in Montreal, Canada.
 How do you know?' asked MT Root.
 "That's as we'll as can remember 7 answered witness.
 ''You don't remember anything about it, do you?'' asked MT Root.
 Immediately counsel for defense were on their feet and deluged the states counsel with objections. Judge Wheeler immediately shut off the storm.
 Witness had smooth sailing for the next few minutes until he was again asked his age.
 How do you know you are that agef' said MT Root.
 Again the defense piled up obJec- tions, and when quiet was restored the question was repeated and repsated