New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-07

witness. He was William G. Howard tuner
and agent for pianos. Mr. Delmas tried TO nave
the witness tell conversation he had with
man. alleged to be Stanford White. in Madison
Square Garden, in June, 1904. Objection py inc
prosecution was sustained the witness was
not sure that the man was Stanford White.
witness Of the tragedy Of June %. the first
called by the defence followed Howard. He
was Martin Green well known newspaper
writer. Green's story OF the shooting practically
agreed with those told by witnesses for the pros
ecution He said he was standing in the rear
of the garden when he first Thaw. At the
time of the shooting he was sitting at table
in the corner He did not see the first shot hred'
but saw Thaw Immediately after the shooting
Green said he rushed over first toward White
and then toward Thaw, who by that time was
near the elevator with a crowd about him
DELMAs GAINS POINT
Mr. Demas then obtained an affirmative rul-
ing the point whether a lay witness could
testify to the rational or irrational appear
ance Of Thaw on the night of the shooting, and
Green was allowed TO tell how Thaw looked at
the time Of the shooting. He said;
Ale had the pistol raised over his head, hold
pale his t eyes E We're " a Whte"iooked ike hey
going pop out Of his head and his lips
Q-Back and loose? A.-Yes and is lower lip
Did you see him do anything besides holding
the pistol up above his head2 A-No, sir.
look on the subsequent occasion when you saw
him? Al could not say l was too far away
Q-Conhning your answer then to the FIR, first b Of
these occasions VIII ask you "LstieI I'm iiS
your opinion, he rational or irrational?
TO the last question Mr. Jerome again OBJ
jected. Mr.. Delnas read opinion from the
Court Of Appeals in which the court ruled that
the exact words he had used were competent
Mr.. jerome also read several extracts from opin-
ions, and then recess was announced.
Following recess District Attorney jerome
made a long argument Mr.. Delmas did not
make any argument in reply. but repeated his
question: Mr. Witness, from what you saw at
that time in your opinion Mr.. Thaw ra-
tional or rrational?"
Mr.. Jerome's final objection was overruled and
Green answered that in his opinion Thaw was
irrational
Mr.. Jerome in his cross-examination of Mr..
Green, whom he knew. had considerable fun with
the witness, particularly about his newspaper
work He asked Green II what he had written
on the Thaw case was told him by reporters,
were impressions Of his own or merely imagina-
ton. Mr.. Green denied ever writing from mag
nation, and said he had written what were
supposed to be facts. gathered by reporters. He
went over the night of the shooting again, de-
scrlbing in detail for the District Attorney just
what he saw.
When Mr. DeImas called Mr.. McCaleb" much
interest was shown, as he was one Of the dinner
party at the Cafe Martin the night OF the shoot
ing the others being Thaw his wife and Trux-
ton Beale. McCsleb spoke with a drawi and
at times grew somewhat dramatic waving his
arms and becoming considerably excited. Mr.
jerome. on the cross-examination had McCaleb
exceedingly nervous at times, but Mr. Delmas
took good care Of his witness. and by making
objections and arguing on them gave him an
opportunity TO recover his equanimty.
McCaleb said he was thirty-six years old and
lived in san Francisco. After telling OF the din
ner and Of going TO the roof garden, Mr.. Del
mas led up to the shooting, and what transpired
directly before and after, by asking:
Q-How late did you remain? Al don't re-
memeber what hour we left.
Q.-Was the play still In progress? At was
Q-What act, II. you remember? Al think the
second act; am not positive on that subject
you We're, on its way to the elevator, preparatory
to going out? Airs. Thaw arose 20 leave. and
me. and as we went out laughinely addressed to
her some trivial. casual remark ABOUT me pay.
ing TO the elevator when three pistol shots -
,.o To and the Iady left together? A"We did
Side by side? A-side by side
Q-Mr Thaw followed out close, or how far be
hind you? A.-That I cannt say.
Q-You did not look behind at all? A.-No
MCALEB's STORY OF SHOOTING.
Q-Then proceed When you had reacted ,lhod q oeI
most reached the arch within a few PAGES Of the
denIy feli upon nv hearing. stopped. I then
heard Mrs Thaw who had already turned around,
turned and fixed my gaze directly upon her There
she stood, pale, tremulous. IN apparent aston,s9h-
Yin ed
where Size was looking. The next thing saw was a
lot of people gathering around point at certain
Mr. Thaw with pistol extended in his hand the
Oh his right hand? Al could not tell you
o.@where was he at that time from you? a
He within few PAGES OF his wife ana then
he aRproacheS and Isl she o sSca % aid You do
lie replied I have saved your life and Kissed
Q,-Upon those words? Ale kissed her, upon
those words: yes, sir. He used other expressions
o,1Wbat then was done. so far as you observed?
NJ t2aaia then annroacbed me and I said
to him, pointing to Mr.. Thaw. He has killed a
Beale and ! entered the elevator which was fairly
crowded with people including Mr.. and Mrs. Thaw
Q,--You all went down in fhe elevator together?
and When we % aTrvod at the dew T M Thaw
was turned over to p9ncem1an ana then It was
hotel" and Call Carnegie or words 10 that eff
o.-Fronl what you saw and what you heard. the
DEFENDANT say at that time, I'm your opinion, was
he rational or irrational? A Irrational.
Q.-You had been in the company Of Mr. Thaw
and his wife that evening before you went on the
roof garden, had you not? Al had. I dined with
QEYou had dined with them where? Alt the
Cafe Martin.
Q.-Who, was Of that party If any, one, besides
you three? AIR and Mrs. Thaw Mr.. Beale and
myself
O-And from there you had gone? A-From
there went TO the Madison Square Roof Garden
Q.-Could YOU tell me about what hour You
reached the cafe Martin that nlght2 Al should
say about twenty minutes OF eight
Q-Could YOU describe to the jury, if YOU pIease
where you were seated? Ayes sir: We occupied
tables about midway between the 18th street en-
and the Fifth avenue front.