Waterbury evening Democrat., 1904-03-24
vANDEnARK CASE.
Fir. Kellogg Urged That naximun
 ~ Penal be Impnsed.

Willis Vandemark. after being sen fenced by Judge Ralph Wheeler in ths superior court yesterday to not lesl than two and not more than three years in the state prison, left tht room smiling, shaking hands with hif friends as he passed out. His facs blanched when he heard the fore mans announcement, guilty" and hia sister. who sat behind him with other women, burst into tears, and fof some moments not a sound was audi ble in the room but the sound of hei sobs and sighs.
 When the counsel for the defense heard the verdict they asked to bs excused for a moment and they re. tired to an ante room, where they re mained few moments, and they passed up to the judges bench. This was an indication to resume business and MT Kellogg said that in view oi the verdict Vandemark was found guilty of wilful and corrupt perjury, In consideration of the seriousness of the offence charged in the first cass and the offence charged in this. he thought the maximum penalty should be imposed.
 Attorney Kennedy replied that if should be taken into consideration that in the offense of which the acs cused was found guilty not one was Jeopardized but himself, and it should be remembered that he was on trial for very serious matter, assault with intent to murder. Under such circum- stances the temptation was very great. There was no evidence of intent to murder given in the first case, and Mir Kennedy believed that it was in view of Judge Thayer's charge more than the evidence of the accused that he was not found guilty. 1t should be remembered. also, Mir Kennedy went on, that Vandemark had passed through a great deal of trouble about that time. He had considerable ill- ness in his family, he was not well himself, and finally three members of his family died. Then the strike oc- cured
 Tn view of all this. Mir Kennedy thought his client was entitled to some consideration, some leniency. This was not matter for the jury, but for the court, and he cited case in which a jail sentence was imposed on state prison case. He knew the court would not be vindictive. and he knew there are times when the court ought to be merciful, and he considered this one of them.
 MT. Hamilton added that vande- marx was not the only one who testi- fled he was not at the switch the night of the assault; half dozen others testified also.
 MT. Kellogg replied that in the first case tho evidence was to the effect that vandemark said eff there is to be shooting done shoot low and shoot to kill.' Then there was the assault it self. one of the most outrageous ever committed in this part of the state. 1t was so serious that all the boys and vandemark believed few days after that one of the assaulted men had died. Now, Vandemark should not only be punished for the crime of which he was found guilty. but MT. Kellogg be- Ieved he ought to be made an ex- ample of for the people of this city and the people of the state as well, to show them that perjury cannot be com mifted with impunity. He wanted it impressed on the minds Of the people of this city that perjury will be pun ished. Prisoners need not go on the stand and perjure themselves. A mild sentence would not deter others from doing as V0nuemaTk hAd uoHc' but on the contrary It would be an 1rl- centive to do 1t.
 Judge Wheeler said he did not be lieve he ought to punish Vandemark for his part in the first case. Van denmark was trded and acquitted of that. Still, the magnitude of the present offense should not be forgot ten, neither should he lose sight Of the fact that the situation offered yandemark great temptation. He then passed sentence, two to three years in the state prison.
 Immediately the defense moved for a stay of execution. The matter was thoroughly discussed, after which the court said there is plenty Of time to file the appeal If they were honest Tn their intention, and therefore he would deny the motion for the present and it may be renewed later, if the attor- neys see fit to do so.
 Thus was finished the criminal bus mess for the term and vandemark bade goodbye to his friends and left the court room in the custody of Sher- if Doherty.