The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-02-12

payne was the next witness. He saw
the defendant the night of the killing
in the hear of the roof garden. Please
was standing with Cohen. Thaw stood
before them for some minutes looking
to the right and left After the first
act, he next say Thaw just previous
to the shooting. There was no con-
versation when Thaw approached
White and the former Immediately be-
gan firing. The witness then described
the rest of what he saw
THE PISTOL SHOWN IN COURT.
The pistol with which White was
killed was brought into the case dur
ing the testimony of Paul Brudi, the
fireman who disarmed Thaw after the
fatal shooting Brudi identified the
pistol
81 remember only two shots" said
Brudi When l rushed up and grabbed
the prisoner he had his arms uplifted
Did you hear the defendant assay
anything after the shootng?" asked
Caravan.
Yes the witness replied "he said
He ruined my wife
Did he say anything else?"
NO"
did you hear any one say anything
to him."
His wife" e.
What did she say?"
Look at the fix you are in"
Did he reply?"
Il did not hear him say anything
else"
Edward H. Convey, foreman of la
borers at Madison Square Garden fur
Their identified the pistol Brudi took
from Thaw He was not cross-ex-
amined. Policeman AL Bebes, who ar
rested Thaw, identified the pistol.
FREELY ADMITTED SHOOTING.
Did you have any conversation with
Thaw,' asked Caravan.
Il did. l asked the prisoner if he
had shot Stanford White and he said.
I did l then asked hirz why he shot
him and he said, because he ruined
my wife-or life"
You could not distinguish whether
he said wife or life?"
"No."
ABRUPT END OF THE CASE.
Dr. Sylvester Pechner who was with
party upon the roof garden the night
of the tragedy, testified that he ex-
amined White soon after he fell and
pronounced him dead. He was not
cross-eXamined
Policeman AL Debes was recalled and
asked by Garvan:
Did you hear any remark credited
to the defendants wife that night?"
yes"
What did she say?"
Harry, why did you do it?' and he
replied, 1T will be all right
THE People rest their case" an
nounced Caravan.
1t was 12:45 p. m. and Justice Fitz-
gerald ordered a recess until p. IN.
Gleason announcing that he would open
for the defense.
NEW YORK, February 4.-Attorney
Gleason began his address in defense
of Thaw at 2:O5 saying the defense
would be based upon " the Constitution
and the law of the imperial State of
New York"
Gleason said that Thaw was suffer-
ing from insanity, hereditary in nature,
when he shot White He declared that
Thaw believed he was acting upon the
word of Providence when he killed
Stanford White, that he acted without
malice and did not know the nature or
quality of his act.
'Disabuse your minds, gentlemen of
the jury" he began, "of any idea that
the defense will rely upon anything
but the Constitution and the laws of the
imperial state of New York You must
dismiss all idea that we are to import
into this State any so-called higher or
unwritten law. We will rely upon all
the defense that the law allows. One
of the laws on trial here is the law as
to insanity" 49,
Gleason declared Thaw had suffered
from temporary or emotional insanity
for years, also that it would be shown
that Thaw acted in self-defense and
without malice. believing threats had
been made against him by White.
INSANITY IN THE FAMILY.
when you have heard all of the
testimony i'm this case and come to
judge this defendant 1 am sure you
will be of the opinion that the defend
ants attitude was one of insanity and
not one of crime Thaw believed that
Stanford White had wronged him. The
defendant was suffering with hered-
itary insanity which we find existed
in his family. When we show this in
sanity in the family and then show
you this mans act you will say 1t was
the act of an insane man. You, gem
tlemen, will understand this better
than the experts. You will understand
the stress.
"Heredity and stress are the two
great causes of insanity. This defend
ant suffered from a great stress of
mind. His brain was in a whirl of
madness. We viii not rest the evil
dence of insanity upon any single act,
though eminent specialists on brain
disease have long held that insanity
may be defined by a single act.
"An insane man." said Gleason may
express the utmost adherence of all
crime, yet when the insane impulse
comes it separates the act contemplated
from the general idea of crime, and
the general pOngpiOIGnasq that murder