Daily press. [volume] (Newport News, Va.) 1896-current, 1907-02-05
Defense in the Famous Murder
Case Outlined by Attorney
Gleason il Opening Address.
STATE ESTABLISHES THE MURDER
Only Few Witnesses Placed on the
Stand by the State and Their
discrimination by the Defense
Were erief-rhaw's Wife and
Mother Excluded. from Court Room.
fRy Associated Pressl

(By Associated Press).
NEW YORK, Feb. 4.-The state
laid its case against Harry *. Thaw
today-a plain Unconditional story-of
the shooting on the Madison Square
Garden roof, leaving the malice and
the motive TO be inferred from the
act and the defense replied with a
plea of hereditary insanity
1t was asserted that Thaw in slay-
ing Stanford White believed he was
acting as an agent of Providence,
that real or fancied wrongs commit
ted against him by the architect and
former friend Of his wife, had been
boiling and bubbling in his brain un
til at. last there came the explosive
impulse to kill. When the deed was
done, Thaw made no move to escape
its consequences, but holding the
fatal revolver aloft he stood as II
mutely proclaiming to the world:
THE deed is done; it was right; it
was not wrong
Thus Thaw's counsel outlined his
case to the jury this. afternoon of
the prosecution had occupied less
than two hours Of the sitting court
in relating through eye witnesses the
narrative of the tragedy When the
defense had interposed its plea and
outlined it's case, an adjournment was
taken until tomorrow morning when
the first witness in Thaw's behalf
will be heard.
You will hear the story OF this
mans insanity" said Attorney John
b. Gleason. for the defense. promised
the jury. from his mother from his
wife. from his relatives and from
his physicians. You will judge him
by his acts, by the heredity and
stress which entered into his mad
ness, and when you come to Judge
him you will say to yourself that his
act may have been one of insanity
but it was not one of crime"
That Thaw's wife was to be one
of his most important witnesses has
been long known, but that his moth
er, Mrs. William Thaw. of Pittskurg,
was to take the stand only be-
came known positively today, when
the court room was cleared
of all witnesses save ex-
perts. Thaw's mother, at the com
mand, left the room after a moments
hesitation. She seemed unwilling to
be parted from her son in the hour Of
his need. His wife, too, reluctantly
left the room bestowing last radiant
smile of courage and hope upon her
prisoner husband May Mckenzie,
was the third of the women who have
been daily included in the Thaw par
ty to leave the court room. Thaw
seemed detected. Many times last
week during the dull days of jury
selection he turned to his wife for
comfort and found her ready with a
quick responsive smile. Now that the
more serious part of the trial is to
begin he is to be denied her presence.
Thaw Was Not Merry.
During the opening address by MIR.
Gleason, in which he entered the de-
Tense OF insanity. Thaw sat with his
cheeks flushed, which at times were
buried in his hands, and with eyes
He seldom looked, just fleeting
glance now and then at the man who
was making the initial plea for his
life and freedom. Never once did
his eyes go to the jury box. There
was another period--during the
morning session when Thaw again
looked only at his hands clasped be.
fore him on the table. This was
when Lawrence White, the son OF
Stanford White, occupied the stand
as the first witness for the prosecu-
ton. Young White, who is a Har-
ward student, was not material
witness. He was with his father at
dinner the evening of the tragedy,
but left him before he went to Mad
ison Square Garden White was
alone, it was testified, when 1eaw
appeared slowly from behind, wheel
ed, faced him and sent three bullets
into his body and brain.
"Thaw Loved Honestly"
Thaw's counsel told the story of
the prisoners love for the girl he
was to make his wife. He met Eve
lyn Nesbit in 1901 and there then
began in him an honorable love and
regard for the girl. He told her
mother of his love. The girl was in
a precarious condition following a
serious operation in sanitarium and
Thaw suggested to the mother that
she take Evelyn abroad to recuper-
" W." arranged that Thaw
he two as the