The San Francisco call., 1907-02-05
Thaws amly Sacrifices
Pride to Save | lin
Reveals. Fact That He Inherited Taint

both sides of the defendants family.
Our case is far removed from the much
abused defense of emotional insanity
You must disabuse your minds of all
you have read in the newspapers, es-
pecially of the idea that has gone
abroad that we are to rely upon some
higher or unwritten law. We rely upon
the constitution and the laws of the
imperial State of New York, and upon
them alone.( You will understand this
mans insanity. 1t will not require ex-
perts to tell you of it. 1t is within
YOU to Judge him. and you will say
from the evidence that when he killed
Stanford White he was an insane man."
LABORED UNDER DELUSION
1t was announced that Thaw labored
under the delusion that his life was
always in danger when he was in New
York. This accounted for the fact that
pistol He had placed it in his over
coat pocket the night he went to the
Madison Square Garden roof There
he turned suddenly and saw what he
thought was demon glowering at him.
The impulse came. He felt that to kill
White would be an act of Providence,
and, so believing, he set deliberately
about his task.
Counsel told the story of Thaw's de-
"
he weret taking every juror of the
twelve into his confidence. They lis
tened intently. Mr.. Gleason was twice
interrupted by District Attorney Je-
rome on the ground that he was argu-
ing the case from the evidence instead
of plainly stating what the evidence
was to be.
Assistant District Attorney Garvan
opened for the prosecution at the be-
ginning of the session The rumor that
there were to be further changes in the
jury box would not down until Mr. Gar
van began his address. It was said
that District Attorney Jerome had
brought all the pressure and persuasion
at his command to gain the consent to
the removal of one or two of the men,
but Thaw's counsel held out and met all
pleading for a further revision of the
trial panel.
Mr.. Garvan, in telling the story of
the alleged murder. occupied less than
ten minutes and the prosecutions en-
tire case was kept within two hours
With the exception of young White and
the Coroner's physician, who performed
the autopsy, the only persons called to
the stand by the State were five eye
witnesses. They were cross-examined
briefly by Attorney Delmas for the de-
tense, who thus appeared actively in
the proceedings for the first time. The
witnesses related the deliberate manner
in which Thaw fired at White. They re-
peated Thaw's assertion, He ruined
my wife," and Mrs. Thaw's remark to
her husband, yes, but look what a fix
you are in now" To this last remark
Thaw replied: "Dearie, L have probably
saved your life"
TELLS OF TRAGEDY
Mr.. Caravans outline of the States
testimony told how White went to the
roof garden to see the initial perform
ance of a summer musical comedy and
related in simple language the incident
of the killing.
Stanford White went to the Madi-
| SON. square Roof Garden and sat alone
at one of the small tables there watch
ing the first production of play called
Mam'selle Champagne he said. THE
defendant was there with his wife and
two friends Truxtun Beale and Thomas
McCaleb. The defendant walked con-
stantly about the place. The middle of
the second act the defendants party
started to leave the roof. The defend
ant let his party go ahead and he
| Jagged behind. Passing the table
where Stanford White was sitting, the
defendant faced Mr. White and delib-
erately shot him through the BRAIN the
bullet entering the eye. Mr.. White was
dead.
The defendant did not know this
He feared he had not completed his
work and he fired again, the bullet
penetrating Whites cheek. Still, to
make sure, be fired a third time.
Mr.. White, or. rather. the body of
Mr.. White, tumbled to the floor.
The defendant turned and, facing
the audience. held his revolver aloof
with the barrel upside down to in
dicate that he had contemplated what
/ ha Sy,fA TN
understood. There was no panic
The people claim" he concluded.
that it was cruel, deliberate, ma
! licious, premeditated taking of a hu-
man life After proving that fact to
| you, we will ask you to find the de-
fendant guilty of the crime of murder
in the first degree"
! Just at adjournment this afternoon
Mr.. Jerome made an Intellectual ef-
! fort to have the defense disclose the
names of those who are to be called
as its first witnesses.
/ The State having put the case so
simply up to the defense to prove it's
| justification bears out the theory that
Mr.. gerome is saving his real efforts
| for the rebuttal.
| David N Carvalho handwriting ex-
pert, was in court today sitting beside
! the prisoner 1t is said he will be
called to identify certain letters al
legged to have been written by STAN
! ford White and now in the hands of
the defense.