The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1907-02-08

prisoners love for the girl he was to
make his wife. He met Evelyn Mes
bit in 1901 and there 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 serious operation
IN sanitarium and Thaw suggested
to the mother that she take Evelyn
abroad to recuperate. 1t was arranged
that Thaw should accompany the two
as the open and avowed sutton of the
daughter. In 1903 he asked her to
marry him and she refused. "The rea-
son for this refusal you will hear from
her lips" announced Mr. Gleason.
Suffice it to say the reason had to do
with an incident in her life with
reference to Stanford White"
Thus laying the ground for the plea
of insanity, the defendants lawyer de-
clared the brain disease had laid hold
of Thaw some three or four years ago.
1t was claimed there have been many
cases where a person has been pro-
nounced insane upon one subject and
that alone. Mr. Gleason cited instances
of temporary insanity, based upon a
single act.
DeIusion of the Defendant.
1--WE will not base our plea, how
ever, upon single act he added. 1T
will be shown that there was insanity
on both sides of this defendants fam
lily. Heredity has made us what we
are, heredity has made the living
world. Our case is far removed from
the much discussed defense of emo
tional insanity. You must disabuse
your minds of all you have read in
the newspapers and especially of the
idea that has gone abroad that we are
to rely upon some higher or unwritten
law. We rely upon the constitution and
the laws of the imperial state of New
York and upon them alone"
1t was asserted that Thaw labored
under the delusion that his life was
always in danger when he was in New
York city and believed threats had
been made to kill him. This account
ed for the fact that since January,
1904, he had carried pistol. He had
placed it in his overcoat pocket the
night he went to the Madison Square
Roof garden. There he turned sud
denly and saw what he thought was a
demon glowering at him. The impulse
came. He felt that to kill White
would be an act of Providence and so
believing, he set deliberately about his
task 1t was the work of an insane
man, Mr.. Gleason declared, from the
decisions of disordered brain.
Mr.. Gleason was twice interrupted
by District Attorney Jerome on the
from the evidence instead of plainly
stating what the evidence was to be.
The interruptions caused Mr.. Gleason
to repeat in some instances, but his
remarks did not seem to lose weight
by the process.
Caravans Address Brief.
Assistant District Attorney Garvan
opened for the prosecution at the be-
ginning of the days session. In tell
ing the jury of the alleged murder he
occupied less than ten minutes and
the prosecutions entire case was kept
within two hours. With the exception
of young White and the coroner's ply
sician, who performed the autopsy
and described the wounds on Whites
body, the only persons called to the
stand by the state were five eye-wit-
nesses. They were cross-examined
briefly by Attorney Dolphin Delmas,
of the defense, who thus appeared &C
lively in the proceedings for the first
time. The witnesses related the de-
liberate manner in which Thaw ap-
preached White, faced him and fired
They repeated Thaw's assertion, 'he
ruined my wife," and Mrs. Thaw's re
mark to her husband, yes, but look
what fix you are in now" To this
last remark Thaw replied: "Dearie,
l have probably saved your life"
It was brought out that he looked
back at his victim as he walked away
with a staring look in his eyes"
Just as an adjournment was taken
in the afternoon, an hour and half
earlier than usual, Mr.. Jerome made
an effort to have the defense disclose
the names of those who are to be
called as its first witnesses. He made
this condition to his agreeing to the
early adjournment asked for by
Thaw's counsel. The defendants law.
yers finally said they were unable to
give the names then.