Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-02-04
ACTUAL H[AR|NGOF
THAN CASE BEGUN
All the Witnesses For Prosecu-
ton Present In Court This
Morning
STATES EVIDENCE ALL IN
Conclude. Direct Testimony in Few
Aours-Eye Witnesses to the Trase-
dy Examined-Jsrome Fails to Sc
cure Dismissal Of Jurymen-Thaw's
Wife and Mother Excluded.

New York, Feb 4-There was delay
An resuming the trial of Harry X
Thaw today, owing to the formalitles
attending the postponing of the Feb
ruary term of court, which was sched-
uled to begin this morning. When TINS
was accomplished, and Justice Fitz-
gerald had taken the bench, there at
once began q conference of attorneys
at the judges desk.
Thaw appeared a trifle flushed as ne
took his seat alongside his counsel
Back of him sat his mother, sister
Mrs. Carnegie. Evelyn Nesbit Thaw,
May Mckenzie, Edward and josiah
Thaw, the only family absentee being
the countess Of Yarmouth. All the
witnesses for the prosecution were IN
court this morning. They were only
the eve witnesses to the tragedy on
Madison Square roof garden. Some OF
the witnesses said to have been sum
moned by the defense were also in
court, atho most of those who are to
appear for Thaw have not appeared.
Release No More Jurors.
Whatever pressure the district attor-
ney brought to bear on Thaw's at
torneys for the release of additional
+ Jurors, it was in vain. At the end OF
the last conference on the subject, held
at the Justices desk, Assistant Attor-
ney Garvan arose quietly, and in
very low tone, began the opening ad-
dress for the prosecution and the ac-
tual hearing OF the famous case was
on Garvan congratulated the jurors
on their body having been completed,
ana then outlined the purpose of the
law, which was not seeking for ven-
geance, but to uphold the security OF
the state. He urged the Importance OF
the case, and strict observance OF the
law, in order that a verdict, fair to all,
might be reached. 1t was the claim OF
the people, he said, that on the night OF
June 25, 1906, the defendant "shot and
killed with premeditation and .ntent to
kill" one Stanford White. He then
briefly outlined the movements of
White, beginning with the Saturday
preceding the tragedy, and ending with
the actual scene of the shooting at
Madison Square roof garden.
Garvan told how Stanford White
had. on the 25th of June last, taken his
son Lawrence and schoolmate of the
latter to dinner at the Cafe Martin.
The boys had bought tickets to New
York theater roof garden and declined
the invitation of White to accompany
him to the roof garden.
white" said Garvan, went to
Madison Square roof garden, and sat
alone at one of the small tables there,
watching the first production of the
play. Defendant was there with his
wife and two friends, Truxton Beale
and Thomas McCaleb. Defendant
walked constantly about the place. In
the middle of the second act defen-
dant's party started to leave the roof.
Defendant let his party go ahead and
he Jagged behind. Passing the table
where White was sitting. defendant
wheeled suddenly, faced White and de-
liberately shot him thru the brain, the
bullet entering the eye. White was dead.
Defendant did not know this. He
feared he had not completed his work,
and fired again, the bullet penetrating
Whites cheek. Still, to make sure,
he fired the third time White, or
rather the body Of White, tumbled to
the floor. Defendant turned and facing
the audience, held his revolver aloft
with the barrel upside down, to indi-
cate he had completed what he in
tended to do. The big audience under
stood. There was no panic
Garvan Concludes Speech.
Garvan concluded by giving the de-
tails of Thaw's arrest and indictment
by the prosecution Garvan spoke less
than ten minutes, always in a CONVEX
sational tone Thaw sat with head
downcast and his face flushed.
Jerome Springs Surprise.
AS Garvan took his seat, Jerome
sprang a surprise by asking the court
To exclude all the witnesses in the case
except the experts BY doing this, Jer-
orne at one blow, disclosed the fact that
Mrs. William Tha,w and Mrs. Harry
Thaw are both to take the stand for the
defense. On advice of Thaw's counsel,
they left the court room with all the
witnesses. May Mckenzie was includ-
ed ins the list. Thaw's mother is ex-
pected to testify to the prisoners ec-
centricities as a youth. The prisoner
seemed greatly downcast at the exclu-
sion of his mother and his wife.
Testimony Begins.
Lawrence White, son of the dead ar
chitect. was called as the first witness.
Thaw fastened his eyes on the table
before him and did not once look at
the witness. White said that he was
aged 10. a studenet at Harvard Uni
yersity. His mother, he said, now re-
sides at Cambridge, Mass. White was
on the stand but a few minutes. He
told of accompanying his father to the
Cafe Martin for dinner, and said that
when he left him to go with his chum.
a boy named King, to the New York
roof garden, it was the last time he
saw his father alive. Thaw's attor-