The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-10-30
ACQUIT tai
SURE, SAYS
WHIT MORE
As Trial Ends, Accused
Wife Slayer Exudes
Confidence.
STATE is EQUALLY
CERTAIN OF CONVICTION
Prisoners Story OF Witness
Driven Away Is Contradicted
in Court.
ONLY 48 MINUTES
OF TESTIMONY TODAY
Lawyer Simpson Pleads with
Jury for the Life of His
Client.
fFrom a stan Correspondent

JERSEY CITY, Oct. 30--sI will be
acquitted" declared Theodore S. Whit
more. on trial for the murder Of his
wife, Lena, today, just before counsel
began to sum up the ease to the 5ury.
Whitmore was in fine fettie. The inn
print of months of tense anxiety was
stamped upon his features, his face was
peaked and wan, and his cheeks almost
bloodless. He has seen the light of day
seldom since his arrest, the first of the
year, but today he was light-hearted
and walked as If load were taken
from his shoulders. He smiled and
chatted with the constable who escorted
him from his cell to the courtroom and
beamed upon his lawyer. Alexander
Simpson, who smiled back confidently
"rhe State Is just nv sure of a COM
viction as Whitmore - of an scquit-
tai. declared George II. vickers. as-
sistant prosecutor. who, with Prcse-
cntor Pierre Z. Garven and Attorney
General McCarter, is conducting rho
states case.
First of the witnesses called In today
was Michael Connors, an Albany, ".
=, policeman, who swore that he had
gone to 20 Park street, Albany, to find
Fred Elliott yesterday.
Elliott had not been there for six
months" declared the witness, contra
dieting Whitmore's sensational state
ment of yesterday to the effect that
he (Whitmore) could produce Elliott
within six hours. giving the latter's adj
dress, and charging that the state
knew where Elliott was but did not
want to put Elliott on the stand.
Forty-eight minutes after court con-
vened the last scrap of evidence relat-
ing to the famous trial had been intro
duced and counsel began to sum up the
case preparatory to leaving It with the
jury.
There was Iull for q few moments
and Simpson began in a slow CONVEX
satlonal tone the plea for his clients
life.
Arguments Begin.
"One hundred years from now he
said. "the generations of the future will
think us barbarous just as we now
think our forefathers a century ago
were barbarous. They will say that a
man charged with murder should have
the last say and not those who seek
N'lIEfs; ytEx is tn. .ttornev-eeners, here,
Docs the State send a giant to do a
pigmys work? No. 1t indicates that
the States case Is a weak one and needs
strong lawyer.
"Whitmore, through me, is battling
for his life ] am an obscure lawyer,
but arrayed against me is talent whose
year. We would be chagrined but for
the fact that in the last analysis we
know that you are to determine whether
our client is guilty, and, knowing this.
we do not fear
Accuses Bartlett.
II am not going to try to fix the MUIR
der on Bartlett" said Simpson. 1.-THE
State knows where Billy was I tell
you he was the real murderer.
Bartlett was found in the Newark
street car, his clothing spattered with
the meadow slime, his face red with the
blood drawn by bis victims dying
struggle, his pockets bulging with the
price of human life. Had Whitmore
been the man seen in the car, had
Whtmore been the man seen by Peter
Coogan going with the woman to her
death, it would have been bad indeed
for Whitmore.
"Whitmore was not the man. Is the
state making it hot for that man?
Why not? If it We're bad for Whit
more, why not for Bartlett? Let the
learned encouragement answer.
mo, gentlemen, there has been a
gigantic mistake here. That is why
the learned attorney general is here.
The address of the counsel for the de-
fense lasted an hour and forty minutes
and closed at 12:2s o'clock with a burst
of oratory and O quotation from
Shakespeare.
IAN / want is justice" were almost
the opening words of the attorney
general.
IF crime is going to be rampant on
the meadows OF Hudson county, then
you would better close your doors and
protect your wives and daughters from
the criminals that stalk and slay in the
darkness of midnight. have no malice
against this man. / never saw him be-
fore and l hope ] will never see him
again. II he be guilty, convict him. II
he is innocent, free him, and no one
viii be more compIacent than t.