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

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 ed from tns ns- a.s aad he gen eral CO.,. aa# .aer is wrong does not enter into the adt at all
 Our law declares that a killing is mur- der when the man who commits the act Is of sound mind-of sound mind, remem- ber-and when there Is malice afore- thought either expressed or implied.
 "A man who is crazy cannot know right from wrong, Tie human mind Is like that glass of water you sec before you. The water Is clear now but drop a single bit of colored matter Into It and | the whole mass becomes tinged.
 Mr. Gleason was discussing the test- mony which might be introduced lh re- buttal when MT. Garvan objected on the ground that no such testimony was II, evidence Justice Fitzgerald sustained the assistant district attorney and MT | Gleason took up a new lead.
 Thaw's Eyes Downcast.
 Thaw sat with his left cheek resting on his hand during MT, Gleason's address. The greater part of the time hls eyes were downcast It was only occasionally that he raised them to look at the ia"- yer who was pleading his case Not once did he look toward the jury box :, "When that man shot Stanford Wnlte' declared MT. Gleason, pointing to the ae- fendant, who quickly looked down. ne was insane. The question that will arise Are you satisfied beyond reasonapie doubt that this man was saneT
 If not, you should give him the pene- ! fit of that doubt, and I may say that any i doubt as to sanity IS reasohao'e doubt" .,.. MT. Gleason was about to ask the Jur- ors to consider a passage in story py { Robert Louis Stevenson when MT" 1e, rome interposed an objection. He askeo | that counsel be guided by facts, ana tne 1 evidence to be introduced. 1 Judge Fitzgerald said he would nor voluntarily have curtailed Mr. Gleason g remarks. but now that the matter had been called to his attention he felt he l must ask counsel to conf1ne himsef To 1 the evidence to be abdueed, leaving the 1 argument and inferenees to be drawn 1 from the testimony to be summed up at l the end of the trial.
 MT Gleason then attempted to give something of the defendants history, l saving he is 36 years of age, and that | Harriet K. Thaw, the daughter of an aunt, Is confined in an asylum for the | insane.
 MT. Jerome again interrupted, objecting | to bringing in collateral evidence | MT. Gleason explained that he would | show there was insanity on both ssides of the defendants family, and on this assertion he was allowed to proceed.
 Harry Thaw," continued MT. Gleason, after the interruption, met Evelyn Nesbit in 1901 and fell honorably in love with her. He went to her mother in March, 1902, and told her he wanted to marry | her daughter.
 'The girl soon thereafter 1t so happen ed was in the hospital to undergo a seri- | ous operation. It was understood that | when she had recovered from the oper- ation Miss Nesbit was to go to Paris, and | Thaw was to go along as the avowed | suitor of the young woman.
 We will show that in 1903 he asked ] this young woman to marry him. She
 Why she refused you will hear
 own lips. She will best tell
 7. Sufficie it to say that the req sun was one connected with an experi- ence in the life of the girl with regard to Stanford White.
 Mother and Wife to Testify.
 That Thaw suffered from a diseased mind we will show you by the testi- mony of his mother, his wife. his rel | atives, his doctors and by letters he | wrote to the Society for the Suppression of Vice In this city. When you have heard all this testimony it will be im- possible for you to say that the act of this man, for which he Is now undergoing trial, was that of a sane person. Work l ing in his diseased brain we will show you many things connected with his past life, and that of his wife. They cul- | minated in the explosion which caused the defendant to kill Stanford White. "Thaw had long labored under the de- | fusion that his life was in danger when ever he was in New York city. and con- | sequently he had always after January, The pistol was In his overcoat pocket with his other belongings when Thaw | went to the Madison Square roof gar den the night of June 25 last
 His diseased brain was still guiding him; he saw what was a demon glover ing at him. Acting on the impulse oi the delusion that his act would be an act of providence he walked coolly and de. liberately, as you or I would walk down the street. to where Stanford White sat | and still believing 1t was an act of provi- dence guiding him, he shot and killed him. He thought the act was right ano not wrong.
 Believing his act to be right he had no idea of evadlng any of the conse. quences. Still regarding himself as tht agent of providence, he stood there, helo his pistol aloft as if mutely to say, Il is done; it is right 1t is not wrong. MT. Gleason spoke for an hour and if teen minutes, concluding at 3: 20 D. m. MT. Delmas, of Thaw's counsel, ther asked that an adjournment be taken un til tomorrow morning. He said that tn, defense would then be ready to proceed Mr. Jerome said he would consent tC the adjournment provided the defen l dants attorneys would inform him al to who their first witness was to be-
 'The cross-examination may be impor tant and lengthy" said Mir. Jerome 'anC we would like to be prepared for it, s, there will be no further delay in tn, case"
 Mir Demas said he was prepared t, say who the first witness of the defens would be. He was given an opportunt, to consult with his fellow lawyers an, then again said the defense was ready t, give the information desired by the dis trict attorney.
 l. Justice Fitzgerald finally granted tn motion to adjourn until 10:3O a. m. to morrow, expressing the hope that the op posing counsel might in the future b prepared to exchange such courteses be | h.