The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1907-02-05

IhaW's wife said: But look at the fix
you are in now" and Thaw replied to
her: Well, dearie, / have probably
saved your life"
On reaching the ground floor Thaw
requested someone to telephone George
Carnegie, HIS brother-f in law, that he
was in trouble. The witness identified
a plan of the roof garden and pointed
out the position of the actors in the
tragedy. He was not cross examined.
David N. CarYalhO. the handwriting
expert, was new figure in the case.
lie sat beside Harry Thaw, and evil
dently had been summoned to testify
for the defense. No statement as to
what will be shown by Mr.. Carvalho
has been made by Thaw's counsel.
Myer Cohen, song writer and man
ager of the house which published the
music of Mamselle Champagne, was
called at the third witness for the
state.
Mr. Cohen was on the Madison
Square roof garden the night of the
tragedy.
He saw Thaw there for the first time.
during the initial act of the musical
comedy.
Cohen described on a diagram the
position of the table at which White
sat
When asked by Mr. Garvin to indi-
AAIC Il ildN - lildliIf6t OI approaching
the architect that evening, the witness
left the stand, and walking up and
down before the jury box, he Illus
trated the slow pace which he declared
characterized Thaw's deliberation i'm
approaching his victim.
He walked up to Mr.. Whites table
like this said the witness. indicating.
He made slight detour and coming
up to Mr. White from behind. suddenly
faGn1 him
The witness did not take part in the
events which Immediately followed the
shooting.
Dolphin M. Delmas, of counsel for
the defense, made his first entrance
into the activities of the trial by cross
examining Cohen briefly as to posi-
ton he occupied with reference to the
principals in the tragedy. These were
the only questions put to the witness
by Thaw's attorneys.
During the examination of the wit
nesses who followed Stanford Whites
son on the stand the defendant took
lively interest in all that was said He
looked at the witnesses intently and
from time TO time made notes Of their
testimony.
Mr.. Delmas' participation in the case
was productive Of a new interest in
tl1es proceedings. His questions .on.
cross examination were clear cut and
comprehensive. When he secured the
answer he wanted to a question he
would cut his examination short right
there. without bunting the effect on
the jury by cumulative testimony.
Henry s. PlaeZ superintendent of
the publishing company that owned the
rights of Mamselle Champagne, was
the next witness. He saw the defend
ant the night of the killing in the rear
Of the roof garden opposite the center
aisle. Mr.. Plaez was standing with
Mr. Cohen, the previous witness.
Thaw stood before them for six or
seven minutes looking to the right and
left After the first act he next saw
Thaw just previous to the shooting
White was seated facing the stage,
his head leaning on his right hand.
There was no conversation when Thaw
approached White. and the former inn
mediately began firing. Thaw then
retreated toward the rear of the gar
den with his right hand elevated, "the
barrel of the pistol being pointed up
ward
The witness then described the rest
of what he saw. Questioned by Mr..
Delmas as to the acts following the
tragedy, especially as to the move
ments of Thaw's arms, a particular
effort being made to bring out the
point that the barrel of the pistol was
pointed upward. aiD
The Witness affirmed the statements
made In the direct examination that
the barrel Of the gun was pointed up
ward, and when asked by Mr.. Delmas
if Thaw did not wave both arms Wild
ly. replied that he did not.
The pistol with which White was
killed was brought into the case dur
ing the testimony of Paul Brudi the
fireman who disarmed Thaw after the
fatal shots were fired. Brudi, who ap-
peared on the stand in uniform. iden-.
titled the pistol when 1t was shown to
him and said that after taking it from
the prisoner he turned it over to the
police.
Il remember hearing only two shots
said Brudi. in relating the events Of the
evening of the tragedy, when / rushed
up and grabbed the prisoner, who had
his arms uplifted.'
Did you hear the defendant say
anything after the shooting p
Yes" the witness replied 'He said,
He ruined my Wife"
Did ne say anything else?"
mo"
did you hear any one say anything
to him?'
His wife"
What did she say?"
Look at the fix you are in"
lid ne repiyY'
i did not hear him say anything
else"
Mr.. Delmas took up the cross exam
ination.
How far were you from Mr.. Thaw
when you heard the first of the two
shots you say you heard?" he asked.
Twenty feet'
How fast did you move toward Mr..
Thaw?"
Not very fast got behind him
as he was holding the gun aloft in
his right hand. The second shot fol-
lowed the first almost immediately.
Thaw had turned away from White
when ! took hold of him. / wanted to
get behind him to protect myself
What did Thaw do as he left
Whites side?v
He looked back over his left shoul-
der 1t was a staring look"
"A staring look, you say?"
sYes, sir,
Was he pale?"
He looked like man who was
frightened"
Il did not ask you that" quickly in-