The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-04
INSANITY PLEA.
Thaw's Attorneys Indicate the
Line of Defense
In His Trial for Murder OF
Stanford White.
THE CASE is OPENED.
State Rests Its Case at End of
First Session.
After Establishing the Facts of
the Shooting.
MOTHER AND WIFE OUT
All Witnesses Excluded Except
One on the Stand.
Cross Examination Is Conducted
by Attorney Delmas.
State Rests Its Case at End OF
First Session.
After Establishing the Facts of
the Shooting.
MOTHER AND WIFE OUT
All Witnesses Excluded Except
One on the Stand.
Cross Examination Is Conducted
by Attorney Delmas.

New York Feb. 4.-The case OF the
people against Harry K. Thaw. charged
with the murder of Stanford White
was presented to the jury today in less
than two hours and this afternoon At
torney John B. Gleason made the op-
ening address for the defense in which
he declared unequivocally that the de-
fense would rely upon the claim that
Thaw, when the murder was commit
ted was irresponsible because he was
victim of emotional insanity.
Assistant District Attorney Francis
P. Garvan occupied less than ten min
utes in narrating in a conversational
tone the events on the night of the tras-
edy. He did not go beyond the occur
rences Immediately preceding the
shooting Mr.. Garvan declared that
Thaw's act was deliberate, premeditated,
intentional murder.
District Attorney jerome secured
from the court. with the consent of
Thaw's counsel, an order that all wit
nesses except experts, should be eX-
cluded from the room. 1t became
known for the first time that Mrs.
William ThaW, the prisoners mother,
will take the stand in his behalf and
will probably tell some of the esca-
pades of his youth.
The woman hesitated for a moment
then arose and left, followed by Mrs
Harry Thaw and May Mckenzie.
Thaw flushed a vivid red as Mr..
Garvan. in a loud voice, called the
name of the first witness, the 19-year-
old son of the dead architect. As the
youth stepped to the witness chair.
~ Thaw east his eyes upon the table and
did not lift them during the brief ex-
animation of the young man.
The other witnesses for the prose-
fT To
edy and added little to what is already
familiar to the public
The Trial Opens.
New York, Feb. 4.-There was a
delay in resuming the Thaw trial
owing to the formalities attending the
pOstpCIing of the February term of
court which was scheduled to begin
this morning. The regular panel of
100 February jurors, added to the last
of the special jurors in the Thaw case.
some 125 in number, crowded the
court room to overflowing. Thaw's
trial having been begun in the January
term. that term will hold until the
case is disposed of.
During the wait rumors continued
to circulate as to the possibility of two
more jurors being removed before
District Attorney Jerome would be
willing to have the case proceed.
When the February jurors had been
dismissed and Justice Fitzgerald had
taken the bench there at once began a
conference of attorneys at the judges
desk.
Thaw appeared a trif1e flushed as he
took his place at the end of the table
assigned his counsel.
Back of him sat his mother. Mrs.
William Thaw. his sister. Mrs. Carne-
gle; Evelyn Nesbit Thaw and May
Mckenzie.
Edward and Josiah Thaw also were
present. the only family absentee be-
ing the Countess of Yarmouth.
All the witnesses for the prosecution
were in court this morning. They COM
prised only the eye witnesses of the
tragedy on the Madison Square roof
garden. Some witnesses said to have
been summoned by the defense were
also in court, although the most of
those who are to testify for Thaw
have not appeared
Garvan Opens the Case.
Whatever pressure the district at
torney 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 Justice Fitzgeralds desk. Assistant
District Attorney Garvan quietly and
in a very low tone. began the opening
address for the prosecution and the
famous case was on
Mr.. Garvan spoke only 10 minutes
He congratulated the jurors on their
body having been completed and then
outlined the purpose of the law, which
was not seeking for vengeance but tc
urged the Importance of the case and
a strict observance of the law in order
that a verdict fair to all might be re-
ported 1t was the claim of the peo-
pie. he said, that on the night of June
o5, 1906. the defendant, "shot and
killed with premeditation and intent
to KILL" one Stanford White. He then
briefly outlined the movements of Mr..
White. beginning with Saturday pre-
ceding the tragedy and ending with
the scene of the shooting on the Madi-
son Square roof garden
Mr.. Garvan told how Stanford
White had on June 25 last taken his
son Lawrence, and schoolmate of the
latter to dinner at the Cafe Martin.
The boys had bought tickets to the
New York theater roof garden and
declined an invitation of Stanford
White to accompany him to the Madi-
son Square roof garden.
stanford White" said Mr.. Garvan.
went to the Madison Square roof
garden and sat alone at one of the
small tables there. watching the first
production of a play called 'Mam'selle
Champagne
'The defendant was there with his
wife and two friends. Truxton Beale
and Thomas McCaleb. The defendant
walked constantly about the place. In
the middle of the second act the de-