Waterbury evening Democrat., 1908-05-30
JURY LOCKED UP.
Couldn't Agree Last Night on Whitmore Case-Pris0ner
 Begged For Mercy
COLLAPSED IN COURT

a. New York, May 30.-After being out over seven hours, the jury in the case of Theodore s. Whitmore, charg- ed with the murder of his wife, Lena, in the Lampblack swamp at Harrison, N. J., reported at 9:35 o'clock last night to Justice Swayze sitting i'll the Hudson county court in Jersey City that it was unable to agree upon a verdict. The judge refused to accept this at the time and ordered tiie jury locked up until this morning.
 Long before it was known that the jurors had disagreed the Wretched Whitmore collapsed completely and had to be half carried from the court room to his cell. The bravado which has characterized the mans de- meanor from the time he was first accused of the crime deserted him when, after several anxious hours, he realized that his confident expec- tation of acquittal was false hope.
 There was a dramatic scene at S o'clock when the jurors filed into the courtroom and asked for instructions from the justice as to whether they could find verdict other than that of murder in the first degree.
 Every vestige of color fled from Whitmore's face as he clutched his chair and leaned over the table to catch the words that Justice Swayze uttered. Up to that time he had be- lieved that he would leave the court room a free man. While the justice was defining the law Whitmore made an effort to control himself. but his nerve was shattered. Putting his hand over his eyes he bowed his head and muttered:
 "Oh, Lena, Lena, look down upon me and have mercy"
 Constable James Everson put his arm over Whitmore's shoulder and attempted to quiet him. Alarmed at his brothers condition, Elias Whit more, who has stuck to him from the beginning, sprang to his side.
 Brace up, old man. he said; its not over yet.
 By this time the jurors were be- coming very uneasy in their seats. They all bore traces of having had a hard struggle, and few of the faces were tear-stained. Hardly needing the solemn tones of the justice, the men who held the fate of the prison CT in their hands watched Whitmore as he shook with suppressed sobs.
 The jury walked silently out of the room as the justice corcluded his in- structions. Whitmore made an effort to sit up. and partly succeeded. He appeared to have lost all control over his muscles. His face twitched, and his gray eyes rolled from side to side. But his ordeal was not over yet. No sooner had the jurors reached their room than Justice Swayze recalled them to correct misapprehension that he thought might exist in their minds.
 Whitmore had apparently lost all sense of time; and when he saw the jurors returning he apparently thought that they had agreed upon verdict of guilty. and that he was about to hear his fate.
 By a superhuman effort, Whitmore saved himself from swooning. Again he gripped the chair and braced him. self When. after a few moments, the jury went out a second time, the prisoner went all to pieces.
 For Gods sake, take me away" he said to Sheriff Erwin; tits all up with me now"
 Whitmore staggered out Of his chair. He was but wreck of man and like baby in the hands of the officers.
 Elias Whitmore had followed his brother out and he tried to get to his side. Although the officers were willing to let him go in, the prisoner sent word back that he did not want to see anyone.
 They'll hang me, they'll hang me-" he kept repeating to himself. l Then his mind would revert to the ! grewsome incidents of the finding of his wife's body in the Lamp6lack | swamp.
 Lena knows I didn't do it. he said. If she could only speak | would be free man."
 When the jury was locked up at 9 | o'clock 1t was reported that | Whitmore had fallen into a sleep of exhaustion.