Evening star., 1926-05-23
NEW TRIAL ASKED
FOR WH|TTEM0RE
Additional Evidence One OF
Grounds Cited by At
torney Poe.
Special Dispatch to The star.

Special Dispatch to The star.
BALTIMORE. May ~. Richard
Reese Whttemore cannot know he
fore the last week in June at the
earliest what penalty the S.<7ie VIII
exact for the murder of Robert H..
Hoffman, of which he WAS tound
guilty Yesterday Whittemore killed
hoffman with an iron pipe February
20, 1925, when he escaped from the
Maryland penitentiary.
Edgar Allan Poe. counsel for W hit
temore, filed a motion for Il new tflal
TODAY in behalf OF the prisoner. This
automatically stays the sentencing of
the defendant until after the Baiti-
more Supreme bench has passed upon
the motion.
The Supreme bench consists Of II
Judges, whose next regular meeting
will take place ON June .. however
Judge Henry W. Duffy said today tne
motion in Whittemorc's case would
not be heard before the last week in
Iune. because ii Would take tha'
much time to prepare the record
Ii the motion FOR a new trlal Is de'
MED. Whittemole may appeal on
technical grounds. or in the event
that Judge O'Dunne sentences him 10
ne hanged Whittemore may ask GOV
I,itchie to commute his sentence 10
life imprisonment. which Judge
ODunne also has the right to pro
nounce as sentence. instead of hang
ing.
Grounds Are Cited.
Mr.. Poe assigned the following
grounds for granting a new trial:
Because the verdict is against the
weight Of the evidence. Because
there, is no evidence to support 1t.
Because of newly discovered evidence.
Because of errors in the rulings of the
court.
When reporters asked him about
the newly discovered evidence Mr..
Poe said: This is in the form OF I
voluntary statement from some one
of whom | knew nothing until the
verdict was returned. | regard 1t as
of considerable Importance
He, refused TO disclose details of the
statement or to make public the
identity of the maker,
The leader OF the Baltimore bar.
who was assigned to defend White
moro and received only the regular
fee of 500 from the public funds tor
his services, said the defendant took
the verdict calmly and thanked nm
for his defense. MIR. Poe deplored
again today the action of Nhlttemore
in splitting upon states Attorney
O'Connor. and said il was the hrst
time during the trial that the ue-
fendant lost his head. But at the
city Jail. where the guards need 10
minutes TO unfasten the five locks
and the 100 feet of chain which Sc
cure NNhittemore'S cell door. said that
las night he was the reverse OF cam.
WHY. he was 50 venomouS when
they brought him back after the YER
Dict" said Warden Martin. that ne
could have made a meal OF certain
people.
Later. however. the prisoner became
quiet, ate a hearty supper and slept
well. The warden denied Whittemore
had sent five letters to his former
pals appealing for money, or that ne
had received two money orders LOT
$500 each within the last two days.
Sends Two kilograms.
Whittemore, however. sent two teie,
grams, one 70 his wife. VINO 1alllttu
in the courtroom when Foreman
Bauer reported the jury had found
her husband guilty OF first degre" lnur-
der, and the other to Milton "ShutfieS
Goldberg now a prisoner IN the
Tombs. New York City.
The telegram addressed to Mrs.
Whittemore said: Dear pal, have
lost the first battle. Everything Is all
right Cheer up; do not worry
The message to Goldberg was; II
have been found guilty Of murder IN
the first degree. l hope your luck
will he better.
Both Mrs Whittemore and the l1'is-
oner's father asked to see him today.
but were not permitted TO do SO. Judge
ODunne. who remanded Whittemore
in the custody of Warden Martin.
was willing they should do SO. but
Martin said their next meeting would
not he until next week.
states Attorney Herbert K. Oton-
nor announced he would fight the mo- |
ton for a new trial. and issued this
statement:
The jury has spoken after deilb- |
Grating over the case, which was tried
thoroughly and impartially. | think |
the verdict will be accepted as
righteous one, returned after trial |
in which the defendant had every |
right guaranteed by law