The sun., 1908-05-27
NOT 50 DARK FOR WHlTMORE
ONE OF THE PROSECUTIONS
CHIEF WITNESSES FAILS.

ONE OF THE PROSECUTTON'S
CHIEF WITNESSES FAILS.
Says Defendant Isn't tho Man He Saw in
Jersey on Night Whitmore's wife Was
Murdered. Thus Aiding Expected Abb
--Eyidence on Several Points Kept out.
The prosecution in the case OF TheodoreS 8.
Whitmore. on trial in the Court Of Oyer and
Terminer in Jersey City for the murder Of
his wife. Helena failed to prove yesterday
that Whitmore was in Jersey on Christmas
night, the night Mrs. whitmore was beaten
down and thrown into Lamp Black Swamp.
Assistant Prosecutor Vickers, who is con-
Quoting the case for Prosecutor Pierre p.
Garven. relied upon two witnesses to help
the State In breaking down any alibi that
Whitmore may offer. One Of them testified
that he had seen and recognized Whitmore
in the Pennsylvania Railroad station in
Jersey City late Christmas night. but Alex
ander T. Simpson. Whitmore's counsel. got
the witness to admit that his eyesight was
poor,
The other witness on whom Mr.. Vickers
relied to cinch the point looked at Whit
more in court and said positively that
Whitmore wasn't the man who went through
the gate to the ferry after having had an
alteration with another passenger. These
successes SO much elated Lawyer Simpson
that for the rest OF the day he ragged and
berated ths prosecutor until Mr.. Vickers
toward the close Of the session appealed
for the protection Of the Court. stating
somewhat plaintively that he wasn't used
TO such treatment. Supreme Court Justice
Swayze ironed out the wrinkled amenities.
Mr. Simpson said he had no intention OF
implying that Mr.. Vickers was not devoted
entirely to the truth and peace came again.
Little real progress was made in the case
esterday, most OF the time being taken up
with the recital Of necessary although un-
interesting details OF identification and the
battling Of counsel over the admission OF
evidence. The prosecution was not able
to show conclusively that Whitmore had
beaten his wife for years before she was
killed. and Justice Swayze excluded the
telegram that was received by Mrs. Whit
more's sister. Mrs. Schmitters. three days
after Mrs. Whitmore's body was found
until the prosecution could produce some
evidence to show that Whitmore had written
or had sent the telegram. As far as 1t
went tho day 8 grind favored the prisoner.
There was a bigger crowd In the old
court ROOM where offences against the
Commonwealth OF New Jersey have been
threshed out for sixty five We ars and
hundreds OF the curious hung upon the
ancient fence outside or loafed upon the
stone steps of the dingy. dirty building:
The idea was prevalent that enough OF
salacious and nasty testimony wouiu Oe
brought out to please the most exacting
court room lollnger. but Justice SwayZe
and Judge Blair. and the counsel as well.
have indicated that In this case. where
crooks and Bowery buns and street walkers
are essential witnesses, as little slime az
possible will be allowed to be dun ped in
court. :
Walter Mcdonald, Park row waiter
| who jugges ham and eggs in restaurant
where Whitmore and Third avenue elevated
employees were accustomed 10 feed, testified
at the start that he lived at the home OF
the Whitmores in Adams street, Brooklyn.
and that he had seen Whitmore there at
$50 o'clock Christmas night. At l;2O the
next morning Whitmore went to the restau-
rant and Mcdonald was surprised because
Whitmore's usual time FOR getting ute
to eat was $50, after his nights work az
motorman was over. Whitmore told
Mcdonald he wasn't working.
He saw Whitmore at the houss later on
and they had beer together. He couldn't
swear that Mrs. Whtmore wesn't in the
for five days. One OF her trunks, he said.
had been standing out in the hall corded
up for week. and he had helped Whtmore
keep an eye It. The day after Christmas.
he testified Whtmore said to him:
You needn't watch the stun any longer.
Caleb Evans, a timekeeper for the Third
avenue elevated. testified that Whitmore
had requested him to get substitute Tor
him on Christmas night. Whitmore saying
that he had bad cold and couldn't work.
A t.S E,lu
Henry Kaufman. another timekeeper said
man introduced as doc" Wilson, had
spoken to him on Christmas Eve, asking
permission to he excused from work Christ
mas night on account OF bad cold. Ed
ward T. Duffy. an marlborough train
master said he got a telephone message on
Christmas Day saying .Whitmore wasn't
able TO work that night.
William r. Salter. brother Of Mrs. Whit
Whitmora In Schenectady Whitmore was
living with woman named Maizie Webster
or May Cook The Court wouldn't permit
Salter to tell what he had heard about Whit
more illtreating Mrs, Whitmore,
Mrs. Bessie Hchmitters. q sister OF the
dead woman. got past Lawyer simpsons
objections by saying she had seen Whit
more illtreat his wife.
-It was just about Dewey's time. eight or
nine years age she said IN their md home Sssa "
brooklyn. lney nhu WOTuS anu neaTU
the sound OF the blow Whitmore struck
Lena
She was not allowed TO tell OF the bruises
and marks she had seen on her, sister's face.
Mrs. Schmitters identified letter signed
Lena that she received after her sisters
death. telling Mrs. 5chmitters that Lena
had gone up Btate visiting. She said twas
in Whitmore's handwriting.
tense. Prosecutor vickers called james
B. Quinn, an Interborough employee 20
the stand. Quinn knew. Whitmore wall.
On Christmas night at about 1910 A, NJ,
he said he saw Whitmore walking down
ststion, apparently just a. ais train which