The Detroit times., 1908-05-27
PROSECUTION GETS
A BAD BLOW IN
WH|TMORE CASE
SENSATIONAL TRUMP CARD
TURNS OUT A TWO-SPOT-WlT.
NESS BADLY TANGLED BY
COUNSEL FOR DEFENSE.

NEW YORK, May 27.-When the
trial OF Thee. s. Whitmore, accused
of the murder of his wife. Lena. was
resumed today in Jersey City, the pris-
oner was In great good humorfi, fol-
lowing the practical collapse OF Prose-
cutor Vickers' biggest sensation.
Joseph Quinn, who was called TO
swear that he saw Whitmore alight
from Newark train In Jersey City at
1915 on the morning after the muir
der, said that he had identified the de-
PENDANT first when he was so feet away
and that later he was within Ave
feet Of Whitmore, and heard him
make use OF the expression, You are
a cheap skate"
On cross-examination. however.
Quinn admitted that. although he had
known Whitmore for three years-had
met him daily and talked with him
he didn't speak to him on this occa-
sion. or even nod; and then. prodded
by Simpson, counsel for the man &C
cused OF the swamp murder. he con-
fessed that his eyesight was bad. and
that he had failed To qualify as a mo-
torman In the service OF the Inter
borough Rapid Transit Co., because he
failed to pass the eye tests.
Incident Falls Flat.
Then CAM the deluge. Quinn had
testified that, Two detectives had been
present when the supposed Whitmore
approached the men who were Quibb-
ling about paying the fare TO Man
haitian. Vickers called Frank j. May,
one OF the detectives, and got from
him a confession OF the incident OF the
dispute. May remembered the man
perfectly. He was about 5 feet 6
inches tall" said the witness.
We'll, Whitmore Is 5 feet IL inches
to begin with
Come around here. Whitmore." said
Simpson"
The defendant rose eagerly, walked
firmly around In front of the Jury box
with his shoulders squared, faced the
witness.
rs this the man who said cheap
skater" asked Simpson.
Il never saw that man before"
Vickers called Chas. Knoll, the other
detective. TO assist In pasting together
the shattered fragments OF the case.
but 1t turned out that Knoll hadn't
seen the alleged Whitmore at all.
Reporter Aids Defendant.
1t was a good day all around for
Whftmore. The prosecution has
maintained that the defendants fall
ure TO identify his wifes body the
first time he was taken to the Harri-
son morgue points TO purpose on his
part to allow the body TO go uniden.
tilted to the grave, and thus cover up
hf0 n,
state-Monte Cutler. newspaper re-
porter-punctured this theory.
Called by Vickers, Cutler testified
on cross-examination that he had in.
structed hWitmore. when he took him
To Harrison, not to admit an identill-
cation, even If he was satisfied that
II was his wife. Cutler was working
for newspaper and wanted 'bea,"
for his paper, he told Simpson under
oath, and he took this course OF pre-
venting the news. IL the body should
be identified, from getting into the
hands OF rival reporters.
Mr.. Cutler described Whitmore as
talking to him frankly on the occa.
sion OF his visit to the defendant tho
night they first went to Harrison.
Says Whitmore Broke Down.
He broke down several times" said
the witness. in telling me OF the
trouble he had had with his wife over
man named Harry. and said he did
not know just what TO do Things
were all upset In the house and there
was box. or trunk In the front room
which Whitmore said his wife had
packed up"
With all this testimony favorable
TO the defendant piled up by the state,
the trial yesterday was transformed
largely into farce, which was enjoy
ed by none more than Whitmore him
self, who sat and smiled calmly while
the state prosecutors fretted.