Connecticut western news., 1908-05-28
MURDER CASE WEAK
Prosecution Fails to Prove Its
 Points Against Whitmore.
TWO WITNESSES FOR HIM.

Testimony That He Was In Jersey City
 on Night of Murder contradictcd
 Others Tell of Prisoners likeness on
 Fatal Day.
 Jersey City, N. J., May 27.-Exami- nation of the witnesses called by the prosecution in the trial of Theodore S. Whitmore, the former New York ''L" road motorman, charged with the mur- der of his wife, was resumed in the court of oyer and terminer.
 The case made out by the prosecu- ton Is regarded as remarkably weak, and unless Prosecutor Garven has ma terial testimony that he has not yet re- vealed 1t is the opinion of lawyers who have attended the trial that there Is small chance of fastening the crime on Whitmore.
 The presence of Whitmore in the Lampblack swamp, in Harrison, N. J., has not been established. Two wit nesses on whom the prosecution de- pended to establish the contention that the defendant passed through the Pennsylvania ferry house in Jersey City after midnight on Dec. 26 few hours before the body of his wife, He lena, was pulled out of a pool in the Harrison swamp were useless. One of them, a special policeman, was posi- tive he never had seen Whitmore be- fore. Another, the ticket man in the ferry house, said he did not see the defendant on that morning. #
 Much Expected of Witness.
 The circumstance by which it was expected to connect Whitmore with a man in the ferry house was made much of There was a man protesting against paying his ferry fare, contend ing he had paid it on train. A crowd collected, and Whitmore was supposed to have been in it and to have said to the objector:
 "Oh, you are a cheap skate. Pay your cents." .....
 Joseph Quinn of 4O4 West One Hun dred and Thirty-sixth street, Manhat- tan, a towerman on the Manhattan "L," testified that Whitmore was the man who passed this remark He said he knew Whitmore well. The special policeman looked at Whitmore, and the prisoner rose from his chair and walked toward the witness, saying:
 "I will come around here so you can see me-"
 Whitmore Not the Man.
 The witness looked at him closely and said he was not the man. He then described the man who called the objecting passenger "a cheap skate as swarthy person, wearing a black mustache and short coat
 Several employees of the Manhattan "L" testified that Whitmore had been excused from duty on Christmas morn ing, and one told about seeing him on Christmas eve with a woman and a man introduced as Doc Wilson on the city hall 'L" station.
 William Bartlett, better known to his associates as ''Gold Tooth Billy" took the witness stand. He was supposed to be Whitmore's confidant, and great things were expected of his testimony.
 Instead of giving any sensational tes- timony Bartlett testified to few un- important things. He said he had iden- tified the body at Harrison and had known Mrs. Whitmore for years.
 Bernard Walsh, an undertaken, at whose establishment the body was kept, was the next witness after Bart lett. He testified that when Whitmore was brought to his place late in the night of Jan. 2 he seemed nervous, but showed no signs of emotion. MT. Walsh testified that Whitmore was brought over the next night, when he identified the body and was at once arrested.