The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-05-30

1t was said that the last ballot, taken
q few minutes before the jury was
finally discharged, was the same as
the last one taken last night.
The deadlock WINS over the one Juror
who stood for murder in the first de-
gree. This is said to have been Juror
James Brown.
On the second trial, which will be
called in short time, prosecution ex-
poets to put very important new wit
ness on the stand.
This witness is a woman who has
been evading the service of a subpoena
and who is said to be able to testify
that at $3.50 o'clock on the night OF the
murder she heard Whitmore call up
stairs at his home to some one that he
and Lena, his wife, were going to Jer-
sey and IT, look out for Daisy, tho ,log.
When the jury begged Justice Swayze
to discharge them, they having failed to
agree, after considering the case for
nearly nineteen hours, the justice re-
fused, saying that he was certain that
at a second trial he was quite certain
that more intelligent jury could not be
chosen.
81 am surprised that with all the evil
dence which was submitted at the
trial, which was complete and con-
elusive. that you have not reached a
verdict quickly" said the court.
Whitmore squirmed in his seat The
day before the Justice had been very
severe on Whitmore in his charge to
the jury.
The jury was sent back to its room
at 9:15 o'clock with the injunction from
the court to return a verdict.
Juror James Brown, who is UNDER
stood to be the man on the panel who
has refused TO agree to a verdict other
than first degree murder asked for a
copy of the courts charge, which re-
quest was denied.
Whitmore who broke down and wept
last night when the jury reported its
inability to find verdict and was sent
back for the first time, had recovered
much of his former cofnposure today.
When the jury again announced it's fall
ure to agree today Whitmore seemed
cheered up, only to be cast into gloom
again by the order of the court that
the jury be locked up again.
| Whitmore Resents Courts Attitude.
"Thats pushing it in on a fellow"
said Whitmore to an EVENING STAR
reporter when the jury had retired.
"The judges charge yesterday was very
unfair, and now, when the jury says it
can't agree, he sends it back after in
timating to it that it should find me
guilty I'll bet dollar to doughnut
/ that if the jury acquitted me he would
try to set the verdict aside.
'If he had his way they would elec-
| trocute me here in the courtroom be-
| fore night
| "As God is my judge, 1 never killed
my wife. i never killed living thing,
TO my knowledge. 1 was never in Harri-
son In my life before 1 went to the
morgue to see p1y wife's body. 1 never
killed that woman, and they can't prove
that / did.
Il had fully expected to be free to-
day, but now 1 guess 1 am in it for a
long time to come If they find me
guilty in any degree we are going to
fight the case on higher. We can prove
that the judges instructions to the jury
were not only unfair, prejudiced and
unwarrantahle, but that they We're not
legal"
Jurors show AlI-night Strain.
The jury was sorry looking lot
when .hey came into court today.
They had been wrangling over the case
all night. About the Court House II
was understood that since 2:40 o'clock
yesterday afternoon, when it retired,
the jury had taken fully a dozen ballots.
Toward the last Il was understood
that the majority had agreed ON a ver-
dict of guilty in n minor degree. That
was a compromise, as several had been
fop Arst-degree murder and ohers fer