New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-05-30
WHITMORE In COLLAPSE
IT'S All Up" He Says When Jury
Is Locked Up.

With tne prfsorer in entire collapse at the unc'
the jury which has heard the trial Of Theodore
Whtrore for the murder OF his wife on Christmas
Eve last was locked up 10 O'Clock last night
in the Hudson County Court II had reureo d
s:T O'Clock an early verdict being expected al
that time Twice the jury came into court IN tle
evening instructions. On the first occasion lhe
sury asked il IL were possible TO render Fefolct
If murder in the second degree Judge Swayze
said that if there any doubt in their ninos
that the murder was premeditated. such NefoiCt
would be within their power. IL there was
doubt OF the defendants guilt he should nave the
benefit of It. he said. and verdict rendered &C
cor6insly. whitmore. who had shown the strain
81 day. collapsed when he had this lntimauon
that the jury considering verdict OF guilty,
even though in the second degree The charge ana
q remark TO the jury later by Judge Swayze make
81 appear improbable that Whitmore will be &C
Quilted.
Judge Swayze his charge told the Jurors that
they might either return verdict of murder in
the first second degree acqEit the prisoner
He reviewed much Of the evidence in detail and
warned them that most OF il was circunstantial
end that the prisoner should have the benefit Of
bic doubt He referred the letters which
Whitn1ore sent TO his wifes sister. Mrs Bessie
Schnitter after Mrs. Whitmore's murder. signing
them with her name. Justice Swayze referred 10
other circumstances against the prisoner in con-
nection with whitmores behavior before his wife
was murdered. and said that these points could
be overlooked
Alexander Simpson whitmores counsel in ad-
dressing the jury. grew warmer in speech he
proceeded with the case, and finally became furi-
ously excited
II is insult your intelligence said Mr.
Simpson. 10 think that you would believe this
man guilty the evidence which has been ad-
ouced- Do you think Lena Whitmore would
willingly TO place where she would be beaten and
drowned with whom they say she afraid
Of? Do you think that she would walk through
that swan1py place in the dead Of night be
beaten down in the dark? They have brought
one iota Of evidence TO explain this TO you
Breaking into verse the counsel for the defence
then began an attack on the ''crimnologist.' who,
he said. was taking the advertise himself.
He declared that the crrninologist had hypnotized
Prosecutor NicKers and asked the jurymen 10
permit the Prosecutor 10 hypnotic them in turn
The state has no case said Mr.. Simpson, in
conclusion. I through with pleading. ] de-
rnand justice your oath
Mr. Vickers began his address with an attack on
Mr.. Simpson and his methods. He laid stress
the manner in which Whtrore acted after visit
ing the rnorgue. He declared that whoever killed
Lena Whitmore robbed her, although robbery
not the only motive. The Idea. he said.
get nd Of her. and Nhitmore the most con-
cerned party in that matter"
a few minutes after O'Clock the jury sent word
that they desired Information. Whitrnore and his
father looked worn and anxious and the prisoner
seemed about 10 collapse Justice Swayze ordered
the juryen into court and explained them under
what circumstances they could declare Nhitmore
guilty Of murder in the frst or second degree.
But know Of evidence that would warrant
n acQuittal.'' concluded the justice.
When Whitmore heard this remark Of the Court
he whispered to the deputy sheriff:
For Gods sake, get of It's all up
with me"
When whitu1ore was taken across TO the jsil he
was almost being carried There was man on
either side Of HIM and they helping him nnucn
as they would have had aid q drunken man.