Omaha daily bee., 1907-04-13
HISTORY OF THE THAW CASE
Most Extensive Trial Ever Held in the
Courts Of New York City.
HAS BEEN ON THE BOARDS SINCE JANUARY
Next to shooting of stanford white
Testimony of Defendants VIE
Greatest Sensation in Long
Drawn Out Annir.

The case OF the state OF New York
against Harry X Thaw, declared to be the
most expensive lawsuit ever before a court
in that city had its inception on the night
Of June 25 1906, when at the Madison Square
roof garden, during a performance, Harry
X. Thaw shot and killed Stanford White.
For several months previous to the death
Of White the movements Of Thaw and his
wife, formerly Evelyn Florence Neshit.
had been noted in the newspapers. Ac~
counts had come of their actions in Eu-
rope, eliminating in their marriage at
Pittshurg, after they had been expelled
from a New York hotel At this time the
name Of White had not been connected
with that Of the show girl, and their asso-
ciation was known only to a compare
lively few persons in New York.
White was a man of more than ordt-
nary attanments and had made an eX-
Collent reputation as an architect, in con-
nection with some Of tho larger public
buildings Of the east and a number Of
eNpositions Among his friends he was
known to be something of a sybarite and
his opinion was I'm demand by many
social leaders who desired elegance in
/ their homes He was married and the
father Of a son now 10 years of age. The
family resided on Long Island but he
had a number of houses equipped in New
York city where he lived as suited his
/ humor
| Harry K. Thaw is the son Of William
! Thaw, one of the group Of "Pittsburg
millionaires" who have become known in
recent years. His record was that Of
many another youth equipped with more
money than stamina and an early life of
satisfied fancies seems to poorly At him
for a serious place in the world
| II is in evidence that on both sides Of
his family insanity had been manifest
and this was one Of the principle features
Of the defense up to a late period in the
trial of the case.
Motive of shooting.
After shooting White Thaw declared
TO the men who arrested him that White
had ruined his wife and told her that he
had shot White so she would be safe. The
next day lurid stories of the life of Stan
ford White were published in New York
and as theoretically denied by his friends
Until the day Evelyn Thaw went upon
the stand no one aside from intimate
associates OF the parties and their legal
advisers knew the details Of the story
which It was alleged impelled Thaw to
shoot White.
The trial originally set for the Septem-
Der term Of court was continued for one
reason or another until January, when it
began on the selection OF the jury, proved
long and tedious task and IL was not
| until February that the trial was really
begun by the introduction Of evidence. In
this feature OF the case the prosecution
sprung a surplse and the direct testimony
on behalf Of the people was completed at
the second session Of the court. The
| brevity Of this testimony was later
changed by the introduction OF the testi-
mony of a brother-n-law Of White who
was not in court at the time the state
rested its case, but who had seen the
shooting.
story of Thnw's wife.
The principal witness for the defense,
introduced almost Immediately after the
state rested, was Mrs. Evelyn Thaw, wife
OF the prisoner Two physicians had pre-
ceded her and the manner in which their
testimony was brought out by Attorney
Hartridge, principal counsel for the de-
fendant, led to friction among his advisors
and the ultimate selection Of d. NJ. Delmas,
a California lawyer, as leading counsel for
the purpose Of the trial He placed Mrs
Thaw on the stand and for ten days or
more she testified, under direct and cross
examination, Of her relations with White.
Having alleged that Thaw was insane
when he shot White, the defense was per-
mitted to show what, according to its al
legations, drove him crazy, and for this
reason the state was not permitted to ques-
ton the truth OF the statements told on
the stand by his wife. At one time the
attorneys for the defense waIved this right,
but later insisted upon It and were sus-
tained by the court
After the testimony OF Mrs. Evelyn
Thaw the mother OF the defendant testified
as 10 the mental condition OF her son, but
was not permitted to testify as to points
in reference TO his childhood. This prac-
tically ended the examination in chief by
the defense and the state called witnesses
for the purpose OF breaking down the al
legation Of insanity thus established. For
this purpose many prominent alienists were
called and all declared Thaw legally
sane" although many believed him physc-
ally unbalanced. Experts for the defense
were equally positive that at the time OF
the death OF White, Thaw was both lie
gally" and actually insane, and one of
them. DR.. Hamilton, insisted that the con-
dition continued to the time Of the trial.
Commission In LunRcy.
These conflicting opinions apparently led
Attorney Jerome 20 question the mental
condition Of the witness, and without for
malIy applying for a commission in lunacy
he made such a showing TO the trial Judge
that the Judge on his own motion suspended
the hearing and appointed a commission
which after the lapse OF a week, during
which they took testimony and examined
the defendant returned an opinion that the
prisoner was sane al the time and capable
OF knowing what was being done in the
court room.
To this opinion Attorney jerome took ex-
ceptions and once threatened to appeal from
the opinion Of the trial judge, but later
reconsidered and, after the defense was not
permitted TO question one insanity expert,
the argument was begun by Attorney Del
mas on behalf Of the defense
Barred from the court during the greater
part of the trial the New York public
filed the room during the argument and
the appeal OF Mr. DGImas was decla ed TO
be one of the strongest presented I'm recent
years to a New York jury. A last surprise
was sprung by the defense IN this address.
for abandoning all claim 10 actual in