The daily morning journal and courier., 1907-02-05
HARRY THAW'S DEFENSE
 IS HEREDITARY INSANITY
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 both sides of this defendants family. Heredity has made us what we are, heredity has made the living world. Our case is far removed from the much discussed defense of emotional 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 up- on the constitution and the laws of the imperial state of New York, and upon them alone. You will understand this mans insanity It will not require experts to tell you of it. It is within you to judge him and you will say from the evidence that when he killed Stanford White he was an insane man."
 It was asserted that Thaw labored under the delusion that his life was all ways in danger when he was in New York city, and he believed threats had been made to kill him. This accounted for the fact that since January, 1904, he had always carried pistol He had placed it in his overeoat pocket the night he went to the Madison Square garden. There he turned suddenly, 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. It was the work of an insane man, Mir Glea- son declared, from the delusion of disordered brain.
 Counsel told the story of Thaw's de- { fense in. a conversational way, as if he were taking every juror of the twelve 1 into his confidence They listened in- ! tently. Mir. Gleason was twice inter- rupted by District Attorney Jerome on the ground that he was arguing the case from the evidence Instead of plain- i ly stating what the evidence was going to be. The interruptions caused Mir. z Gleason to repeat in some instances, but his remarks did not seem to lose weight by the process.
 In adopting calm dispassionate note in addressing the jury, Thaw's attor- ney followed in the pathway hewn by Assistant District Attorney Garvan, who opened for the prosecution at the beginning of To-day's sessions. The rumor that there were to be further changes in the jury box would not down until MT. Garvan actually began his address. It was said that District Attorney Jerome had brought all the pressure and persuasion at his com mand to gain consent for the removal of one or two of the men, but Thaw's s counsel held out against all pleading for a further revision of the trial panel. 1 MT, Garvan in telling, the story of the alleged murder 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 hpysican, who performed the autopsy and described the wounds on
 Whites body, the only persons called to the stand by the state were five eye witnesses. They were cross examined
 briefly by Attorney Dolphin Delmas of
 the defense, who thus appeared active
 ly in the proceedings for the first time.
 The witnesses t6ld nothing that has
 not been known to tie reading public
 ever since the night of the tragedy.
 They related the deliberate manner in
 which Thaw approached White, faced
 him and fired. They repeated Thaws
 assertion, ''He ruined my wife," and
 Mrs. Thaw's remark to her husband Yes, but look what a fix you're in now" To ttGs last remark Thaw re- plied "Dearie, I have probably saved
 your life" It was brought out thai
 Thaw looked back at his victim, as ht walked away with a staring look in hi'
 eyes.
 MT. Caravans outline of the state testimony was the briefest possibl story of the crime. He told of Stan
 ford White dining at the Cafe Martin X with his son and schoolmate of tn I latter the evening of the tragedy, H | Irelated how White went to the roo U garden on Madison Square Garden t | see the initial production of a summe
 musical comedy called "Mamzell e Champagne, and then related in sim y pie, unembellished language the incl = dent of the killing,
 The people claim" he concluded e that it was a cruel, deliberate, mali o cious, premeditated taking of huma s life. After proving that fact to you " u will ask you to find the defendar + guilty of the crime of murder in tn 2 first degree" s
 s It was not until after Mir Garva 'l had spoken that the prisoners wife an
 mother were barred from the room UT
 der the rule excluding witnesses. M r. Garvan spoke in voice so low tha
 his remarks could not be distinguishe o many feet away from the jury bo, : Mrs William Thaw and her daughter
 in-law both heard distinctly, howeve