New-York tribune., 1908-05-29
WHLTMORE EVIDENCE In
Prisoner Probably VII Learn HIS
Fate To-day.

ee-,,,o,,. ~ tb. trial Of Theodore vhitnnore the
BROOKLYN rnotorman. for the murder Of his wife IT
q swamp near Harrison. n J., on Christmas nlsht
YVES completed at $50 o'clock night in the Hud-
son County Court House The summing up. IL is
expected will begin at 10 o'clock this morning. and
whitrno-e will probably know his fate before night
fall The accused and his counsel feel CONT
dent of an acouittal OF at least disagreement OF
the jury.
Whtmore the witness stand for nearly
three hours yesterday Most Of the time he was
being cross-exam mined by Prosecutor Vickers but
his story remained mistaken He said mat at d
p on Christmas Day he gave his wife slo 10
enable he- &c Schenectady 10 Visit her
brothers children. and had not seen her after
that until ne went 10 identify her at the morgue
after the murder. He said that lie had met his
wife al Adams ard Concord streets Brooklyn on
Christmas morning and had persuaded her TO re
turn their home she having been absent for five
days- She said she was lonesome. and he gave her
the money 10 go 10 Schenectady
He said that he left the house TO get tobacco,
and on his return found his wife gone. He re-
mained in house until $40 O'Clock that night.
he said and then the City Hall station
in Manhattan 10 see that a man put in his
place 10 the shuttle train. He talked with
Samuel PGlveIs. the acting starter, he said and
learned 1hat substitute had been put on for him.
anG leaving the station he Park Row
restaurant and then TO his home.
Mrs O'Neill. the who lived in the house
with tie Mhitmores testified that she had seen
Whitmore turning out the lights at 9:i5 Pulvers
also coIroborated the defendants testimony on
cross-eNsminatiUn. il brought out that Mrs.
ONeih wearing skirt which Mrs Whitmore
had bought for herself. The prosecutor tried TO
show that the skir. was used as an inducement to
her testify.
Counsel for the prisoner moved for the dismissal
of the case the ground that the state had not
proved IFS case. The prisoner. he said had looked
at lis wife's body in the morgue under a poor
hight, and acting a suggestion went New
York with several reporters without identifying his
wne's body He said that the reporters told him
thai he would have TO deposit 5000 cash bail or be
held If he identified his wife. whtmore's father
and brother were in court but the father was
called 10 the STAND for only brief period.
During his testimony Whitmore told of seeing his
wife fumbling in the folds Of her dress on the
morning she returned 10 their home He rushed
toward her and tried catch her hand. In the
on the bottom. He lid that he thought she in
1en@ed 10 harm herself and sought 10 prevent it.
He admitted that he VAS imprisoned for assault
and robbery Al Troy several years ago but denied
that he in Joliet prison had served IA
term IN a y cs-ern Jail The whose testimony
he had been convicted, witness said WAS afterwald
convicted and sentenced FOR perjury. and he (Whit-
mole) was pardoned hy Governor Black.
IN answer % the questions OF Mr.. simpson his
counsel, Whitmore denied that he had been con-
nected in any way with the killing of his wife He
denied having written 10 any declaring that
he knew the body in the fnorgue his wifcs as
soon he IL During his imprisonment. he
said the detectives refused 10 permit mis-
father To hillf and tore open letters which he
wanted send.