Omaha daily bee., 1907-02-05
INSANITY THAW'S DEFENSE
Attorney Says BE Thought he Was Agent
of Prsvideros in Killing White,
sTATt PREsENTs CASE IN TWO HOURS
Prosecution ts Reservtng Its Efforts
for Rebuttal-Thaw's wife
and Mother to
Testify.

Madison Square garden roof. The detense
replied with a plea of hereditary insanity.
/ 1t was asserted that Thaw in staying s an
ford White believed he was acting as an
agent OF providence; that real or fancied
wrongs committed against him by the arch
| itect and former friend of his wife had
caused the impulse TO kill. When the deed
was done Thaw made no move to escape
/ its consequences. but holding the fatal re-
volver aloft he stood II mutely pro-
claiming to the world. The deed is done.
it was right, It was not wrong" Thus
| T'haw's counsel outlined the case to the
1 jury this afternoon after the prosecution
had occupied less than two hours of the
morning sitting Of the court in relating
/ through eye witnesses the narrative Of the
tragedy Tomorrow morning the first wit
nesses in Thaw's behalf will be heard.
you win hear the story Of this mans
! insanity" Attorney John B. Gleason for
the defense promised the jury, from his
mother from his wife from his relatives
and from his physicians. You viii judge
him by his acts. by heredity and by stress
which entered into his madness and when
you come to Judge him you will say to your
self that his act may have been one of in
sanity. but II was not one Of crime
wife and Mother 10 Testify.
That Thaw's wife is to be one of his
/ most important NlInehStk HAS lohb bSNh
known; Nthat his mother, Mrs. William
Thaw of Pittsburg. was to take the stand
only became known today when the court
snnounced the rule excluding from the
court room all witnesses save experts.
Thaw's mother. his wife and May Mac
Kenzie left al the word Of command.
Thaw seemed detected at this. Many times
last week during the dull days Of jury Sc
lection he turned to his wife for comfort
and found her ever ready with quick re-
sponsive smile. Now that the serious work
of the trial was to begin he was TO De
denied her presence.
During the opening address by Mr. Glea-
son, Thaw seldom looked up, just a feet
ing glance now and then at the man who
was making the initial plea for his life
and freedom.
At one other time during the session
Thaw did not look up. This was when
Lawrence White. the 19-year-old son OF
Stanford White occupied the stand as
the first witness for the prosecution.
Young White who is a Harvard student
said he was with his father at dinner the
evening Of THE tragedy. but left him before
he went to Madison Square Garden.
Sensation Hinted At.
Thaw's counsel told the story Of the
prisoners love for the girl he was to make
his wife. He met Evelyn Nesb,t in 1901
and there them began in him ar. honorable
Hove and regard for the giris He Ttold her
mother of his love. The girl was in 8
precarious condition, following a serious
operation in a sanitRrium. and Thaw sug-
gested TO the mother that she take Evelyn
|, abroad to recuperate. 1t was arranged
that Thaw should accompany the two as
|. the open and avowed suitor Of the daugh-
ter In 1903 he asked her to marry him
and she refused.
The reason for this refusal you Will
hear from her lips" announced Mr.. Glea-
son Suffice It to say the reason had to
do with an incident in her life with refer
ence to Stanford White.
Thus laying the ground for the plea of
insanity, Mr.. Gleason declared brain dis
ease had laid hold of Thaw three OF four
years ago 1t was claimed there have been
many cases where a person has been pro
nounced insane upon one subject only. He
cited instances Of temporary insanity,
based upon a single act.
I'VE will not base our plea, however,
upon a single act" he added
Insanity In Hereditary.
1T will be shown that there was insanity
. on both sides of this defendants family.
Our case is far removed from the much
discussed defense of emotional insanity.
You must dasabuse your minds of ali you
have read in the newspapers and especially
of the idea that has gone abroad that we
are TO rely on 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 win understand this mans insanity.
II viii not require experts to tell you Of
IT. 1t is within you 70 judge him and you
ba aFFT uvha ma
killed stanford White he was an insane
man"
II 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 since January.
lgO4, he had carried a pistol He had placed
II in his overcoat pocket the night he went
10 the Madison Square roof garden. There
he turned suddenly and saw what he
thought was a demon glowering at him.
The impulse cana He felt that to kin
White would be an act Of providence and
so believing he set deliberately about his
task
Counsel told the story OF Thaw's defense
In a conversational way, as II ne were TAX
ing every juror Of the fwelya into his con-
hdence. They listened carefully. Mr..
Gleason was twice interrupted by District
Attorney Jerome on the ground that he was
arguing the case from the evidence instead
of plainly stating what the evidence was
TO be-
Prosecution ta Brief.
Assistant District Attorney Garvan
opened for the prosecution at the begin
ming OF the session. The rumor that there
were 10 be further changes In the jury
: box would not down until Mr. Garvan be-
gan his address. II was said that District
! Attorney Jerome had brought all the presr
: sure and persuasion at his command to
gain consent 10 the removal OF one or two
Of the men, hut Thaws counsel held out
against 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 entire case
was kept within two hours With the ex-
ception OF young White and the coroner's
physician. who performed ne autapsy, the
only persons called 10 the stand by the
state were nye eye witneasez- They were
{ cross-examined briefly by Attorney Delmas
for the defense. VINO thus appeared actively
In the proceedings for the frst time. The