The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-05-28


when the state accused him Of hurting
his wife 20 her death. he was in tn
utice of the train dispatcher On tbs
elevated railroad station at Park Rev
and the Brooklyn Bridge.
Mrs. O'NeilI swore that shs
saw WhItm0re turn out the lights In
his nat, across the hall Mt 1880 p. m.
Christmas, this Strengthening the alibi
and making Whitmore,s case xers
strong.
The State completed its case today by
submitting the evidence of two minor
witnesses. lasting only fifteen minutes,
and then Attorney Alexander ]. Simp-
son, for Whitmore. made his opening
address to the jury. In it he declared
that when Whitmore went to China
town and picked up George Dickinson,
taking her to his home, he believed that
his wife had deserted him. and he
promised to produce evidence to show
that such was the case.
AIEbi witness Positive.
The principal part of Whitmore's alibi
was giyen by Samuel Pulyers, his first
witness. who was positive that he saw
Whitmore in the train dispatcher's Office
in New York at 1880 o. m. Christmas,
and he could not be shaken in that
statement.
When Pulvers was placed on the
stand he was asked by Mr.. Simpson:
''What is your occupation?"
''Train dispatcher on the City Hall
division of the Manhattan Elevated
Railroad"
"Do you know Theodore S. Whit
more?"
Eyes
did you see him at any. time on the
night of last Christmas?"
YES"
What timer"
HE. had asked to be relieved of his
regular run on the Park Row shuttle
train and came in at u:3O o'clock to
see if a substitute had appeared for
him."
How do you place h timer"
well, his run started at 11:3O every
night. and when lie came In and
slapped me. on the back and asked me
that question I looked at the clock,
right before me, and replied that his
train had JUST Jeff with a substitute IN
charge. The train was then pulling
out, so IL must have been just 11's0"
a.What did Whftmore say
"He said he was glad of it; that he
didn't feel like working that night. He
sat around talking for awhile and then
went out, saying he was going nome..
The next witness was Daniel O'Neii,
who lived in the Adams street house
with the Whitinores. He said that ne
knew Mrs. Whit1nore was away the
week before Christmas. He saw Mr..
and Mrs. Whitmore at $3.50 Christmas
morning. He saw her again at v
O'Clock. again at noon ana Also at ?.
IN. Roth she and Whitmore seemed to
be in good spirits. He went out with
Whitn1ore at $3.50 and returned shortly
afterward. He next saw Whitmore the
next morning al 7 o'clock. He told OF
going with Elliott to the house of Mrs.
Scbmitters. Lena Whitmore's sister,
with a letter and package with instruc-
lions to leave them there If Mrs. Whit
more was not there.
He was questioned as to where he
worked and said that 1t was in the sa-
loon known as 1.-THE Flea"
This is at 1913 Rowery and was de-
cIared to be one of the most notorious
places in New York. O'Neil denied
that he had ever been convicted of a
crime.
Wonan,s story Helps Whitmore.
Mrs. Margaret O'Neil, wife of the
preceding witness. caused a sensation
In her direct testimony by establishing
what the prosecution quickly recog-
nized to be whitmore's best alibi. She
said:
az nm posItive TINT I saw Mr.. Whit
more turning out the lights I'm his
apartments at 1880 p. m. Christmas
night
She was very positive in this. If
that is not broken down by the State,
the defense expects that 1t, with the
testimony of the train dispatcher, giyen
a few minutes before, will acquit
Whitmore, lawyers think, as he could
not have lured his wife to the Lamp
black Swamp and been in Brooklyn at
tho same time.
Following the sensational testimony
given by Mrs. Margaret O'Neil con-
corning the strong alibi which she had
made out for Whitmore. the defense
placed Robert Mcdonald, the restau-
rant man at so Park Row, on the
stand. He said Whitmore entered his
place about 1910 o'clock Christmas
night. He then said he was not feel
ing well; that he had had a substitute
take his place and that he believed he
would go home and go to bed.
Whftmore's Father Called.
John Smith Whitmore, the aged
father of the prisoner, was called to
the stand to testify to his sons age
and the habit Theodore and his wife
had of writing to him, each signing
the others name at times. This was
supposed to be for the purpose of OK
planning the letters sent to Mrs.
Schmitters and signed with his wife's
name.
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