The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1908-06-02
MURDER TRIAL s END.
Jurymen Fail to Agree In the
Whitmore Case.
DEFENDANT ON THE STAND.

Tells Story Experimenting Abb Sworn
to by Other Explains De-
lay In Identifying His Wife's Body
In Harrison Moreue.
Jersey City, N. j., June 2.-After be-
| ing out many hours the jury in the
case of Theodore S. Whitmofe, accused
of numbering his wife in Lampback
swamp, near Harrison, N. j. last
Christmas night, reported to the court
its inability to agree and was dis
charged. Whitmore will be tried
again.
Nine of the jurors, it Is understood,
held out for acquittal, one for murder
in the first degree and two for muir
der in the second degree.
Whitmore himself took the witness
stand and told his story Of his move
ments on the night of the murder.
| The defendants story supplemented
the alibi made out for him through.
the testimony of Samuel Pulvers, as
'sistant dispatcher at the Third Avenue
81" bridge station, and Mr.. and Mrs.
| Daniel O'Neil, tenants of the Adams
street house, Brooklyn, which was con-
Quoted by Whitmore and his wife.
Both the O'Neils not only told of hay
ing seen Whitmore at his home at
quarter before 10 on Christmas night,
but they also swore to having heard
Mrs. Whitmore declare on Christmas
day that she was going to Schenecta-
dy. This supported Whitmore's later
statement that he gave his wife $50
for that purpose Mrs. O'Neil also
swore that Mrs Whitmore invited her
to go with her to Schenectady.
Pulvers swore positively that Whit
more entered his Office at 11:30 on
Christmas night. He was not shaken
on cross examination.
Couldn't See Well In Morgue.
Whitmore told of reading in the
newspapers of the finding of wom-
ans body at Harrison and of his trip
there to view the body. He said he
was prompted by the reporters not to
identify the body. The light was poor
in the morgue anyway, he said, and
he couldn't see well. On his second
visit after his arrest he made a more
careful examination and became con-
WINGED that the body was that of his
wife. The witness made positive de-
counsel that he had killed his wife or
That he had any motive for desiring to
put her out of the way.
The prisoner was put through a
grilling cross examination, during
which the fact was drawn from him
that he had been convicted of assault
and robbery at Troy, n. Y, in 1896
and sent to Dannemora prison. This
admission was offset, however, by the
further statement that Governor Black
had pardoned Whitmore.
Whitmore declared that the man on
whose evidence he had been convicted
was tried for perjury, convicted and
sent to prison for three years.
Explains His Letters.
In answer to question by the prose
cutor Whitmore said that the letter
which he wrote to the Salter family
I'm Schenectady was in acknowledge
ment of Christmas gifts and that the
signature was meant for Theodore
and Lena In general the prosecu-
ton failed to shake the testimony he
had given on direct examination.
Whitmore told how O'Neil had
brought down some Christmas dinner
to the Whitmore apartments. The de-
PENDANT said he went out to get drink
and some tobacco, and when he re-
turned his wife had gone.
""rhat was the last time / saw hel
until / saw her body in the morgue,"
declared the defendant.
The damaging evidence against Whit
more was chiefly given by Georgia
Dickinson of Manhattan, William Bart
lett, chum of Whitmore's; Frederick
Elliott of Auburndae, Mass, another
chum of the accused man, and Henry
Siegel, conductor of the train Whit
more operated on the Third avenue
"L." Harry Hendrickson also testi
fed He said he had been overhead
ly with Mrs Whitmore. Contrary to
expectations the Dickinson woman was
not the ''star" witness. She was bad.
ly frightened.
The witness admitted Whitmore met
ilCl OA lhC AhOAh lhS3 Va A(SA- ~ dltCA 4
a. m. with the witness Elliott and that
they went to Whitmore's house. She
had objected, she said, to going there,
because she feared to meet Mrs. Whit.
more. Elliott, she said. assured hei
Mrs. Whitmore had gone to Detroit,
and then she consented to go. She said
her right name was Charlotte Melon
aid. when Whitmore met her on the
morning after the murder he gave her
bracelet, which was shown to her on
the stand, and she identified it as the
one the prisoner had given her.
Elliott testified that he had written
the letters to Mrs. Whitmore's sister,
Mrs. Schmitter of East One Hundred
and Seventeen street the Bronx, at
the dictation of Whitmore. These let
tiers were written on Dec. %. The let
tiers We're signed LENA" and addressed
Dear Sister," and in them Whitmore
had Elliott say his wife was well and
would visit Mrs Schmitter soon Mrs
Whitmore had been dead two days