Perth Amboy evening news., 1908-05-25
HAVE JURY TO
TRY WHITMORE
MOiOTman Accused Of Numbering
His Wife at Harrison Placed
on Trial In Jersey City.
THE SWAMP MYSTERY" CASE
The Jury Box Was Filled by
Noon Today-The Prosecution Is
Based Entirely ON Circumstantial
Observation-Disclosures Hopes to
Prove AIibi-Companions Say He
Was Member of Band of Thieves.
speolal 0g United press Wlre:

Special By United Press Wire:
Jersey City, May 25:-The jury in
| the case of Theodore s. Whitmore,
who was placed on trial here today
for the murder of his wife, Lena,
Christmas night, was completed this
morning. The prosecution opened its
case after dinner. The real effort to
clear up the mystery of the Lamp
black Swamp" murder will be begun
tomorrow.
There are rumors that the prose-
cution will spring a surprise. Whit
more will endeavor to establish an
alibf The state depends largely on
the testimony of former companions
of Whitmore, who have declared he
threatened to kill his wife and that
he was member OF q gang Of
thieves.
Despite the claims of the prosecution
that it can send Whitmore to his death
on circumstantial evidence, the de-
fense declares 1t can prove an alibi,
showing that the man was not near
the scene Of the murder at the time 1t
was committed.
Whitmore will have no cause for
complaint so far as the men who will
decide his fate are concerned. 1t will
be a struck jury, Ninety men, re-
garded as among the most intelligent
and best citizens of the county, have
been summoned. From this list the
law allows each side to strike twen-
ty-four names and gives the further
privilege Of using the customary per-
emptory challenges.
No Women at Trial.
A feature of the trial, which prom
ises to be fraught with intense inter-
est will be the exclusion of women
from the courtroom. None but the
judges, jury, prisoner, witnesses, law
yers, newspaper men and Interested
members Of the bar will hear the evil
dence at first hand.
Justice Francis j. Swayze and Coun-
ty Judge John A. Blair are to occupy
the bench from which Whitmore's fate
win be announced.
Alexander Simpson viii appear for
the defense. Prosecutor of the Pleas
Pierre Il. Garven and his assistant,
George I. yickers, will be heard for
the state. Vickers probably will be
the more active of the two, as he con
Quoted the proceedings which led to
Whitmore's indictment.
Last Christmas night, in the DESC
late Lampblack swamp in Harrison,
N. j.. Helena Whitmore was murdered
and her body stripped Of its clothing
and thrown into foul pond, where 1t
was found the following day.
Identification Of Body Task.
For eight days following Its discoy-
cry the body lay in the morgue at Har-
, rison before 1t was identified. Several
: supposed identifcations were made
during this period. Pictures Of the
dead woman were published far and
wide, and it was through the instru-
mentality of a published likeness of
the woman and through portions of
her clothing found that the body was
finally identified by Mrs. Beatrice
Schmitter, a sister Of the murdered
woman, as that of Mrs. Helena Whit
more. wife OF Theodore S. Whitmore a
motorman, New York. Whitmore was
arrested and subsequently indicted on
the charge of murder.
Mrs. Whitmore it was learned, was
at home with her husband on Christ
mas afternoon and evening. Then she
went out and was not seen again so
far as known to the police until her
body was found the next day in the
swamp at Harrison. A boy who had
gone to the pond to see If the ice was
] thick enough for skating found the
} body lying face downward the feet
protruding from the water. Near by
was part Of the coat which the dead
woman had worn, and on the bank OF
the Passaic river was found another
portion. A muff, shirt waist, some
underclothing and later the skirt were
found in the river.
Death Due to Drowning.
The autopsy showed that the woman
had been struck with some blunt In
strument on the back Of the head, rem
dering her unconscious, but that she
was alive when thrown into the pond
and that death resulted from drown
ing. The lungs were filled with water,
and she had drawn cinders into her
; mouth and throat from the bottom Of
the pond in her gasps for breath.
The clothing was the only tangible
cIew. and it was finally found that q
suit Of clothing Identical with that
worn by the swamp victim had been
: sold to Mrs. Whitmore by Brooklyn
+ firm. The fact that she was missing
was subsequently revealed, and heI
/ husband was taken to Harrison. Al
nrst he declared that the body was Dot
that of his wife, but when confronted
by proof admitted the woman's iden
. tity