Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-13

tTdHCS, Was COuSlueTed 10 nave I'll
portant bearing. Recourse was then had
to the diagram Of the garden for light upon
this point.
THE testimony in regard to Thaw's pull
ed as very important. Mr. Jerome. in his
summing up, had referred to the fact that
as Thaw stepped out into the hall by the
elevators he had time in which to slip his
revolver from the holster in his pocket and
place 1t in the more convenient pocket of
the light overcoat which he wore. 1t had
been warmly debated during the evening
before whether the testimony actually bore
out this contention.
Where Was Thaw's Revolver
IF Thaw had had the revolver in his
overcoat pocket it was argued that it
would have shown distinct generalization
for the following reasons: The overcoat
must have been Of very light nature.
consequently it is not to be thought that
that pocket. 1t was recalled that he had
Just been dining at the Cafe Martin,
where his overcoat must have been handed
to check boy or waiter. Anything so
conspicuous as heavy revolver In the light
fabric of such an overcoat pocket could
not have been exposed to the possibility
OF investigation by any of the employees of
the restaurant.
Clearly, therefore. the revolver must
have reposed in the holster, later taken
from it, and must have been in its accus-
toned place in his hip pocket when he
left the restaurant and reached the gar
den There was no evidence to show that
he expected to find White there that even
ing, although a ''first-night' performance
at the garden roof pavilion might have
suggested such a possibility. 1t seemed
distinctly more likely that Thaw caught
sight Of his enemy quite by accident later
in the evening. If 1t could be shown that
the revolver was in his overcoat pocket in
stead of his holster at the time he APP
preached his victim, it would be a strong
indication of the fact that the impulse
to kill antedated the moment when he
stood near him.
Thaw Was Looking for White.
This was the controlling motive in ask
ing for the testimony of Blaize. Cohen.
Pason and Brudie; but, unfortunately, none
of them seemed to make an explicit state
ment upon this point. Whether or not the
confirma ton of Mr.. Jerome's assumption
could be found in other portions of the
extremely volumious records, both direct
and cross, might have been determined in
course of time So much time was consum
ed In going through the instalment Of the
mornings request, and so much material
for consideration was thereby produced.
that no further search for the overcoat
pocket evidence was then attempted. James
Clinch Smiths story rehearsed in full.
The fact that the defense had accepted it
in total, as is apparent from Mr.. DelmaS'
ton its Veracity.
"A very large part of the argument of
those who advocated conviction was based
upon what he testified to, Mr. Smith tes-
tined. 1t will be remembered, with great
eXpcitneSS. the details of a conversation in
which Thaw did most of the talking and
discussed wide range of current topics,
including a criticism of the performance
then taking place upon the stage, the con-
dltion of the stock market, various aspects
OF ocean travel companionship with young
women, mutual acquaintance, and various
other casual matters in a way which it was
contended indicated state of mind far
removed from uncomfortable insanity.
Actions on Roof Garden.
He also testified as to Thaws getting
up and looking over the heads of the
audience in the general direction of Whites
table and then walking about the Madison
avenue and 18th street aisles. but always
turning his head in such a way as to direct
his gaze toward that immediate section
The significance of his passing out of sight
through the door by the elevator has
already been indicated. The return with
eyes still directed as before, the ascent
into the gallery. where presumably. he
might get better view of the exact stua-
ton on the floor below, and his return to
his seat seemed all points of much sig
nificance.
1T was argued that Mr.. Delmas' in
genious supposition that this showed him
only to be looking for vacant seat was
null'hed by the fact that he had had a
very good seat with Smith, and was evil
dence In its turn of the importance at
tached to the defense to this point
Another point of significance was one
fact that McCaleb later had a little con-
versation with Smith, although McCaleb
when testifyfng earlier in the trial did
not, as far as could be recalled make
any mention of Smith. who did not come
INTO the case until some weeks later The
events succeeding the shooting were of
equal interest and about this there is much
more difference of opinion
some feeling that the various actions
such as raising the pistol butt upward, MAX
ing no effort to escape, telling Mrs Thaw
that he had probably saved Ter life and so
on. could not have occurred had he been in
an approximately sane condition: and 9th
ers drawing directly opposite deduction
from the same incidents. The defense's adj
vocate had been impressed by the testi-
mony OF the three doormen which was
among the matters called for and referred
particularly to the one who spoke of Thaw's
hearing voices of little girls in the station
house.
Thaw Knew Legal Rights.
Argument was made as to whether, If
Thaw had been approximately rational i'm
mediately before the shooting, and ra-
tional enough to be cognizant of many
points. including the disposition of his wife,
telephoning to George Lauder Carnegie, re-
ferring to the danger of remarks on the
street being overheard by reporters desire
to consult counsel invention of false name
and address, refusal to speak before he had
consulted with counsel. and even his ability
to comment upon the character of the
cigars furnished him, his insanity must be
localized iii the very short period of the
shooting ITSELF and evidenced by that Incl
tdent alone
Juror as Fervid as Delmas.
"The advocates of acquittal based their
judgment upon variety of points. DIR.
Bingeman's testimony that from childhood
he had been subject to strabismus, st. Vitus
dance and other nervous ailments indicat-
ing that he was of strongly ncurotic char
acter the probable effect upon such con-
stitution of the life of dissipation that he
had led since growing up, the probable eff
feet of receipt of the story in Paris, the
strongly melancholy strain running through
letters A to although the letters them
selves seems distinctly lucid-his action
when in Pittsburg as related by his letter,
his manner with Drs. Evans and Wagner
when examined in the Tombs and his man
ner and appearance in court.
THE most interesting argument upon this
side was made well in the afternoon of
Thursday when one juror originally an