The daily morning journal and courier., 1907-02-05
HARRY TRAVIS DEFENSE
 IS HEREDITARY INSANITY
MOTHER, WIFE, RELATI VES AND PHYSICIANS WILL TESTIFY
 TO PROVE IT.

Family Secrets to be Laid Bare to Save Accused's Life--"Unwritten Law'' Not to Enter Into the Case-COunsel As- serts That Thaw in Staying White Believed He Was Acting as an Agent of PrOvidence--Eveiyn Nesbit Thaw to Reveal Secret of Relations With Stanford White--State Quickly States It's Case--Bald, Unconditional Story of the Shooting.
 New York, Feb 1.-The state laid it's case against Harry K. Thaw to-day-a bald, unemotioral story of the shooting on the Madison Square Garden roof, leaving the malice and motive to be in ferred from the act, and the defense re- piled with a plea of hereditary insanity Ut was asserted that Thaw in staying Stanford White believed he was acting as an agent of Providence, that real or fancied wrongs committed against him by the architect and former friend of his wife, had boiled and bubbled in his brain until at last there came the ex- plosive impulse to kill. When the deed was done, Thaw made no move to es- cape it's consequences, but holding the fatal revolver aloft he stood as if nutely proclaiming to the world: "The deed is done; it was right; it was not wron~."
 Thus Thaw's counsel outlined his case to the jury this afternoon after the prosecution had occupied less than two hours of the morning session of the court in relating through eye wit nesses the narrative of the tragedy. When the defense had interposed its plea and outlined it's case, an adjourn ment was taken until tomorrow morn- ing when the first witnesses in Thaw behalf will be heard
 You will hear the story of this man 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 will judge him by his acts. by the < aleredity and stress which entered into his madness, 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 long been known; that his mother, Mrs William Thaw of Pittsburg, was tc take the stand only became known pos itively to-day when the court enforced the rule excluding from the court room all witnesses save experts. Thaw'' mother at the command left the room after moments hesitation. Sht seemed unwilling to be parted from he son in the hour of his need. His wife too, reluctantly left the room, bestow ing a last, radiant smile of courage anC hope upon her prisoner husband, Ma1 Mackenzie was the third of the worn en who have been daily included in thu Thaw party. to leave the court room Thaw seemed dejected. Many tame last week during the dull days of jur, selection he turned to his wife for com fort and found her ever ready with quick responsive smile. Now that tn serious work of the trial was to he@il he was to be denied her presence.
 During the opening address by MI Gleason, in which he entered the de fense of insanity, Thaw sat with hi flushed cheeks which at times wer buried in his hands and with eyes cas down upon the table before him. H seldom looked up, just fleeting glanc now and then at the man who wa making the initial plea for his life an freedom. Never once did his eyes 2 to the jury box where twelve men, wit grace faces, listesed intently to ever word of MT Gleason's somewha lengthy address. There was anothe period during the morning sessio when Thaw again looked only at hi hands. clasped before him on tn table. This was when Lawrence White the nineteen year old son of Stanfor White, occupied the stand as the frs witness for the prosecution. Youn White, who is a Harvard student, wa net a material witness He was wit his father at dinner the evening of tn tragedy, but left him before he wer to Madison Square Garden White wa alone, 1t was testified, when Thaw ar preached slowly from behind, wheeled faced him and sent three bullets crash ing into his body and brain
 Thaw's counsel told the story of th prisoners love for the girl he was make his wife. He met Evelyn Nesb in 1901 and there then began in him a honorable love and regard for the gir He told her mother of his love. IT girl was in a precarious condition fo lowing a, serious operation in sanite rum and Thaw suggested to the mott CT that she take Evelyn abroad to rt cuperate. It was then arranged ths Thaw should accompany the two as tf open and avowed suiter of the daugf ter. In 1903 he asked her to marry hi and she refused.
 'The reason for this refusal you wi hear from her lips" announced M Gleason. Suffice it to say the reaso had to do with an incident in her lii with reference to Stanford White"
 Thus laying the ground work for u plea of insanity, the defendants lawyt hold of Thaw some three or four year ago. It was claimed there have bee many cases where a person has bee pronounced insane upon one subjeC and that alone. Mir. Gleason cited ir stances of temporary insanity, base upon a single act
 we will not base our plea, howeve upon single act" he added. Tt wi be shown that there was insanity c