The Montgomery advertiser., 1907-02-05

testimony 1t was ordered by the court that all the witnesses who had been examined must also remain out Of the court room because of the Likelihood that they might again be called to the stand.
 Coroner's Physician Timothy Lehan. who performed the autopsy on stan ford Whites body, described the wounds made by three pistol shots. Witness identified the various bullets and MT. Garvan asked that they be for- ,nally received as evidence.
 The exhibits were passed across to the table of counsel for the defense. Thaw's eyes wandered about from right to left, but not even fleeing glance being thrown In the direction where the deadly bullets were being left by Delmas
 The bullets finally were marked and entered as evidence.
 pr. Sylvester Pechner, who was with a party on the Madison Square roof garden the night of the tragedy, next was introduced as a witness for the prosecution.
 pr. Pechner said that when his attention was attracted by the firing of the pistol, he saw Thaw standing over MT. White. He then saw the de- fendant break his gun" and pull out Ine empty SHSllS, anu HoAu ft aiOAL' Just after this Fireman Brhdi took the man in charge.
 What Evelyn ThRw Said.
 Police Officer Debes was recalled and was asked by Mir. Garvan:
 Did you hear any remark credited to the defendants wife that night?'
 "Yes."
 Where was it?"
 "On the ground floor of the Twen- ty-sixth street entrance"
 What did she say
 Harry. why did you do it?' and he replied, Tt will be all right"
 "The people rest their case" an- nounced MT. Garvan. It was 12:45 D. m. and Justice Fitzgerald ordered a recess until 2 p. m. MT. Gleason an- nouncing that he would open for the defense.
 It was 2:05 p. m. when MT. Gleason began the opening address for the defense. The character of the de- fense to be offered in Thaw's behalf was not divulged in his first remarks. You disabuse your mind. gentlemen of the jury" he began, "of any idea or impression that in the defense in the case will rely on anything but the constitution and the laws of the im- laws we alone will rely. You must dismiss all idea that we are to i'm Eort into this case any so-called high CT or unwritten law. We will rely on all defenses that the law allows.
 Defense Pleads Insanity.
 "One of the laws on trial here is the law as to insanity"
 The purpose of the defense at last was disclosed and MT. Gleason began to dwell on the subject He declared that it would be shown that Thaw be- lieved he was acting on a view of Providence when he killed White. It would also be shown that the defen- dant had suffered from temporary or emotional insanity for years
 Mir. Gleason declared further that it would be shown that Thaw acted in seIf-defense and without malice, be- lieving threats had been made against him by Stanford White. Mir. Gleason said Thaw did not know the nature or quality of his act at the time he com mltted it.
 Tt lies with you and you alone" {" continued the attorney addressing the jury, ito decide whether or not Thaw was sane when he killed Stanford White. You must apply to yourselves the test of your ability to decide truly and wisely. It is for you to reach out with that human spirit which says to any man, no matter how degraded: Look up and be of good cheer. I, too, am man and would have done the same thing had I been placed in your position
 When you have heard all the testi- mony in this case and come to judge this defendant I am sure you will be of , opinion that the defendants at tltude was of insanity and not one of crime.
 "Thaw believed that Stanford White had wronged him. The defendant was suffering from an hereditary insanity which we find existed In his family. When we show this insanity In the family and then show you this mans act you will say it was the act of an Insane man. You, gentlemen. will un- derstaud this. You will understand it better than the experts. You will put yourselves in his position and then you will have 1t within yourselves to say what you would have done You will understand the stress. The heredity will be proved.
 HeredIty and Stress.
 'Hercdty and stress are the two great causes of insanity! This de- fendant suffered from a great stress of mind. Certain things kept revolv-