The Birmingham age-herald., 1907-02-05

New York, February 4-Ihe state l1u It's case against Harry K. Thaw today . plain unemotional story of the shoot Ing on the Madison Square Garden roof, leaving the malice and the motive to be inferred from the act, and the defense re- piled with a plea of hereditary insanity.
 It was asserted that Thaw in staying Stanford White believed he was acting as an agent of providence; that real or fam cied wrongs committed against him by the architect and former friends of his wife had troiled and bubbled in his brain until at last there came the explosive impulse to kill. When the deed was done Thaw made no move to escape its conse- uuences, but holding the fatal revolver aloft he stood as if mutely proclaiming to the world, "The deed Is done; it was right; it was not wrong"
 Thus Thaw's counsel outlined his case to the jury this, afternoon, after the prosecution had occupied less than two hours of the morning sitting of the court in relating through eye witnesses the mar rative of the tragedy. When the defense had interposed it's plea, and outlined It's case an adjournment was taken until to-
  ThaT's behalf will be heard.
 You will hear the story of this man s insanityp Attorney John B. Gleason, for the defense, promised the jury, from his mother, from his wife, from his relatives and from his physicians You will judge him by his acts. by the heredity and stress which entered into his madness, and when you come to judge him you will say to yourself that his act may have been one of insanity, but it was not one of crime"
 That Thaw's wife was to be one of his most important witnesses has long been known: that his mother was to take the stand only became known positively to- 6av when the court announced the rule excluding from the court room all wit nesses save experts.
 Mrs. ThaW Leaves Room.
 Thaws mother at the command left the room after a moments hesitation. She seemed unwilling to be parted from her son in the hour of his need. His Wife too, reluctantly left the room, bestowing smile of courage and hope upon her hus- band.
 May Mackenzie also left the room. Thaw seemed dejected. Many times last week during the dull days of jury seiec- tion he turned to his wife for comfort and found her ever ready with quick responsive smile Now that the serious work of the trial was to begin he was to be denied her presence.
 During the opening address by Mr. Gleason. Thaw sat with his flushed cheeks which at times were buried in his hands, and with eyes cast down upon the table before him. He seldom looked up, just fleeting glance now and then at the man who was making the initial plea TOT ms life and freedom. Never once did ms eyes go to the jury box. There was an other period during the morning session, when Thaw again looked only at his hands, clasped before him on the table. This was when Lawrence White, the 19-year-old son of Stanford White, occupied the stand as the first witness for the prosecution. Young White who is a Harvard student, was not a material witness. He was with his father at dinner the evening of the tragedy, but left him before he went to Madison Square garden. White was alone, If was testified, when Thaw approached slowlv from behind, wheeled. faced him and sent three bullets Into his body and brain.
 Thay,s counsel told the story of the nrisoners love for the girl he was to make his wife. He met Evelyn Nesbt in 1901 and there and then began in him an honorable love and regard for the girl. He told her mother of his love. The girl was in a precarious condition following an operation in sanitarium, and ThaW suggested to the mother that she take Evelyn abroad to recuperate. It was arranged that Thaw should ac- company the two as the open and avowed suitor of the daughter. In 1903 he asked her to marry him, and she re- fused. .'The reason for this refusal you will hear from her lips" announced MT. Gleason. Suffice it to say the reason had to do with an incident in her life with reference to Stanford White"
 Not Upon Single Act.
 Thus laying the ground for the plea of insanity. the defendants lawyers de- cIared the brain disease had laid hold of Thaw some three or four years ago. If was claimed there have been many cases where a person has been pro- nornced insane upon one subject and thai alone. MT. Gleason cited instances of temporary insanity based upon sim gle act.
 upon a single act" he added. Tt will he shown that there was insanity on hoth sides of the defendants family. Heredity Is the sole ground
 "Our case is removed rom the much { discussed emotional insanity You must disabuse your mnids of all you have read of in the newspapers, and especially of the rurnor that has gone abroad that we are to rely upon some higher or unwrit- ten law; we rely on the constitution and the laws of the imperial state of New q York and upon them alone. You will un- & derstand this mans insanity. It will not # require experts to tell you of 1t. It is