Waterbury evening Democrat., 1908-05-27
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 contradicted.
 othee 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 forner 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- tion is regarded as semarkably weak, and unless Prosecutor Garen has ma terial testimony that he has not yet re- vealed it is the opinion of lawyers whI 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, special policeman, was posi- tive he never had seen Whitmore be- fore. Another, the ticket man ill 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 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 8 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:
 T 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 black mustache and a short coat.
 Walter Mcdonnell waiter in a Park row restaurant, where Whitmore went to eat every morning after putting up his train, said he was a boarder in Whitmore's house in Adams street, Brooklyn, for two months prior to the murder. The only point in his testi- mony was contradiction of the pris- oner's assertion that he had been home in bed with a cold all day Christmas and the following day. He had been relieved from duty. The waiter testi- fled that Whitmore was in the restau- rant at 1:10 o'clock on the morning after the murder. He looked sick. con- plained of a cold and ate nothing. said Mcdonnell. He left request that the witness call him at o'clock that morn- ing. It was TAO when he called Whit more. The witness said he had not seen Mrs. whitmore for five days be- fore Christmas. although she might have been in the house
 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 woman and a man introduced as Doc Wilson on the city hall "L' station. Sister of Murdered Woman TestiFes.
 Mrs. Bessie Schmitter. sister of the murdered woman. was recalled to tell about her visit to the Adams street house on Dec. 26 to ask for her sister whitmore had told her she was visit ing in Lawrence street. Brooklyn. and again that she had gone away with Harry Hendrickson. she said She Identified the letters sent to her after the murder. signed Lena" and which are said to have been forged. She told of her sisters trunk being sent to her home in East One Hundred and Seven tieth street. Mrs. Susan E. Salter. mother of the murdered woman. told of Whitmore breaking into Mrs. Schmitter's home to find his wife on Dec. 3. Her daughter escaped Whit more and stole to her home that night. the witness said. That was the last time she saw her daughter alive. It is probable Georgia Dickinson. the woman with whom Whitmore is said . to have been infatuated. will he called. ! It is rumorea she has turned states evidence.