New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-13
FATE I'ROWNS ON THAW
W-4S LOOKING FOR WHITE.
Testimony of Slain Mans Relatire
Bad Blogc to Defeace.


whose testimony has been most damagins 10
Harry Kendall Thaw the one who sbouI5 re
prisoner be convicted OF The murder OF STAN
I'rd White, would have been tire chief instru-
ncht ~ bringing about that conviction was
q relative % the man who was slain
HAD The oTI genius OF Harry Thaw searched
the world over 1t could have found man
to place on the Madison Square Roof Garden on
that faIeful night Of June - or last year. who
conld have watched his every movement 50
keenly.' so implacably as did James Clinch
Smith brother-in-Iaw OF Stanford Whiee.
Every member OF che jury trying Thav
showed the tremendous impression the straight~
Forward story OF the witness made upon him
Each man sat rigid in his seat. watching "aI
eyes and ears" as Mr.. Smith related incident
by incident, the occurrences OF that night
There had been long. hard fight in the morn
Ing before Justice FftzGeraId had given his
consent TO the introduction Of Mr. Smiths tes-
umony. Enough had been disclosed at the
hearing Of the previous day to show the defence
that he was dangerous witness to their
side. And so Mr.. Delmas objected with all his
energy, draining his every legal resource dry
In an effort to bar him from the stand But for
once the prosecutor. so many times bafIied won
victory. and Mr. Smith was allowed to ten
his story.
The telling of it began at the afternoon ses-
jections until he saw that he must submit to
the inevitable. Then he sat back in his chair
and listened. as did every one in the courtroom.
10 the simple yet intensely dramatic narrative
OF the witness.
When court adjourned on Monday night Mr.
Smith had told Of going to the Madison Square
Roof Garden. seating himself at one Of two
unoccupied seats on the Madison avenue side OF
the auditorium and Of meeting Harry Thaw,
whom he had known for some years. Thaw was
with hts wife. Truxton BeaIe and Thomas Nc
Caleb. and after seating them. Smith said. Thaw
left them and came over and talked TO him.
PROSECUTION CONTENDS THAW SANE.
From the conversation that followed and from
Thaw's subsequent movements. told by the
witness the prosecutions contention that tho
prisoner was sane at the time Of the shoOtings
that there was no brain storm and that the
killing Of the architect was prerledtated, re-
ceived strong substantation. Mr.. Smith said
that Thav- first complained of the trouble he
had experienced in getting good seats, and then,
remarking that the seat Mr.. Smith was occu-
pying was good one. dropped into the one next
70 him. In the conversation that followed Thaw
told how he intended TO go 70 Europe soon on
the new liner, the Amerika. and then followed a
general discussion OF the merits OF different
transatlantic steamers. Thaw meant TO take
a big suite of rooms on the Amerika. he said.
because ne preferred TO have meals served to
him in his own rooms although he cavilled az
the expense.
Are you very much married. ThaW wanted
to know, according to Mr.. Smith Asked for an
explanation ne said he knew a "bUxon1 bru-
nette'' whom he would like 10 introduce 10 Mr..
Smith before he left for Europe. Mr.. Smith
said he declined the introduction
At this point the conversation took different
turn, and one which, in the light Of subsequent
events. seemed TO reflect the wording Of Thaw's
mind. " Do you remember case IN which two
men and woman were involved?' Thaw asked
me-" Mr.. Smith said. The question was not
pressed because Thaw thought Smith was too
young TO remember the incident, although the
latter confessed 10 having passed his hftieth
birthday.
on entering the roof garden and in coming
over 10 join him, the witness said Thaw looked
over the audience. apparently IL searching
for some one. When he arose. announcing he
vas going downstairs. he again looked over the
audience until his gaze fixed on a spot to the
right of where he was standing. a spot where
the testimony has shown Stanford White was
seated. Then he went TO his own partys
spoke to them then walked TO the exit on ths
265h street side
THAW'S ACTIONS ON FATEFUL NIGHT.
HE was gone two or three minutes" Mr..
Smith said. "and then came back and went up
stairs to the gallery. He up there two or
three minutes and as he came down he looked
intently TO the same spot and then re-
Joined his party. Upon this they all arose. Mrs.
Thaw and Mr.. McCaleb leading the way to the
entrance, Thaw and Truxton BeaIe followed be-
hind Thaw looking over his left shoulder"
There doubt that the witness meant to
convey that Thaw intentIy watching his
victim, although. as Mr.. Smith afterward said.
he did not know az that time that stanford
White was on the roof garden at the time.
In passing. their way out. TruxtOn BeaIe
stopped to speak to a man who had sat down at
Mr.. Smiths table Il saw Mrs. Thaw and Mr..
McCaleb at the entrance. and then there were
three pistol shots" the witness said. while his
auditors sat silent, breathless. Il jumped to my
fee5 and cried, What is that?' and then I saw
Thaw Ginning down the ground
There was little more to Mr. Smiths testl-
mony. He was allowed TO tell that he was un-
able To recognize his brother-in-aw because
the wounds and powder marks had dishgured
him so. and that he left the roof garden with
out learning who had been killed. and the Dis
trict Attorney rested.
The cross-examination of M DeInas was
very brief. and did not shake Mr.. Smiths testi-
mOny in the least. He made much of the fact
that the witness could not see Thaw's eyes al
though he had testified that Thaw was look
ing "intenty." and drew from him that he had
returned from Paris IN response TO a cable
message from Mr., Jerome,
The success Of the District Attorney in get
ting the record the important testimony of
SIr. Smith was To some extent Offset by another
failure TO discredit Mrs. Evelyn Nesbit Thaw.
Mr. Jerome called Rudolf Eichmeyer. the pho