The Washington herald., 1908-01-07
CHARGE is MURDER
WhitmOre. Will BE Arraign-
ed in Harrison To-day.
POLICE THINK HIM GUILTY
Are Working ON the Theory that He
Killed His Wife After Tracking
Her with Male Companion.
search Goes on for Elliott, Who,
il II Thought, Is the Man.

New York. Jan. 6.-Theodore s. Whit
more viii be arraigned tomorrow morn
ing before Police Judge Branegan in
Harrison, \. J., on the charge Of murder
ing his wife Lena. Judge BUanegan ard
Deputy Prosecutor Clark, of Hudson
County. decided tonight that they had
enough information to justify holding
Whitmore on murder charge.
Their hand was forced tonight when
Alexander Simpson. a Jersey City lawyer,
went to the Harrison jail and said that
he had been employed by Whitmore's
brother. Elias. a mechanic, employed by
the New York Tribune. to represent the
prisoner.
Lawyer Simpson had a tilt with Judge
Branegan as to the legality of keeping
Whitmore behind the bars merely as a
suspected person" and as TO questioning
him without warning him that whatever
he said might be used against him. Judge
Branegan ended the alteration by an
nouncing that Whiwore would be held
for murder
The lawyer appeared at the jail early
tonight, accompanied by Elias Whit
more At their request Judge Branegan
had the prisoner brought from his cell to
q private room in the town hall. When
the lawyer and Elias WhitmOTe We're
shown in Theodore Whitmore threw him
self hysteTically back on a table and
cried: Before God, Elias, I didn't kill
her. They're trying to make out that !
did. but I didn't. You know I wouldn't
do thing Ike that"
Brother Pays Visit.
His brother shook hands with him. but
Judge Branegan and Prosecutor Clark
would not grant them private conversa-
ton, Lawyer Simpson, after learning that
his client was detained against his viii,
Informed him that the authorities had no
right TO keep him without due process OF
law.
After a wordy war between the lawyer
representing Whitmore and Judge Brane-
gan. the lawyer finally agreed to take
no action on the part Of his client at this
time II the authorities would make a for
NAL charge. Judge BTanegan announced
that it would be made tomorrow morn
ing, and Whimore would be arraigned
promptly.
Before Lawyer Simpson left the jail to-
night he instructed Whitmore to refuse
to answer questions. and impressed on his
client that the authorities had no right to
lnterrogate him as they had done for sev-
craI days
Harry Hendrickson. friend of both
Whitmore and the murdered Lena Eliza
beth Whitmore. was questioned again to-
day in Brooklyn police headquarters by
the detectives. The Brooklyn authorities
said that Hendrickson would Dee dis
charged tomorrow morning in all prob
ability, unless the Jersey authorities took
some action toward holding him. Judge
Branegan said tonight that there had
been no application for reqUisiton papers
in HendTickson's case.
When they questioned Harry Hendrick-
son to-day ne admitted that he had an
appointment with Mrs. Whtmore TO meet
her at o'clock on Christmas night at the
Manhattan terminal of the Brooklyn
Bridge. but that he became sick about
that time and went home instead. His
mother corroborated his statement that
he spent the night at home
Suspect Not Found.
The police did not succeed in finding
Fred ". Elliott. the man Whitmore saws
prepared the fake telegram to Mrs. Whit
more's sister, Mrs. Bessie Schmitter. an
nOuncing that a trunk would be sent
there. and asking Mrs. Schmitter to take
care Of it, John Harrington, an elevated
railway employe. was questioned to-day
He said that he met Whitmore and EI-
lott in the Bowery at S o'clock on
Christmas night
Georgina Vaughan. the woman with
whom WhitmOre was on friendly terms.