The Birmingham age-herald., 1907-02-05

l uduS illtk -lll-idN DUH tbdl AA however from where they sat. IT dently were prepared fef a much nt ordeal and seemed surprised Wht | Jeromes assistant had esfeiHded as an adjournment was taken this t'' noon, nn hour and a half earlier usual, MT, Jerome made an effort to r the defense disclose the names Of who are to be called as It's first wih He made this condition to his agre' to the early adjournment asked Ter rhaw's eouhsel The defendants la yers finally said they were unable to giN the names today, and after some fnrthe parleying the adjournment was ordered
 Wife Among First Witnesses. It was reported that the prisoners wife may be among the first to give testimony 1 for the defense. Even after testifying, she will still be denied the privilege of l the court room for the ruling by Justice 1 Fitzgerald, upon consent of eounsell was to exclude witnesses both before and after testifying, it being argued by MT. Jerome that many may be recalled from time to time,
 Tho state having put the case so simply to the defense to prove its justification bears out the theory that NiT. Jerome is saving his real efforts for the rebuttal.
 The prosecution gave the court room a surprise when Lawrence White, the son of the dead architect, was called as the first witness. Thaw again fastened his eyes on the table before him and did once look at the witness.
 Young White said he was 19 years old and student at Harvard university. Ills mother he said, now resides at Cain bridge, Mass.
 White was on the stand but few minutes. He told of accompanying his father to the cafe Martin for dinner, and said that when he left him to go with his chum, boy named King, to the New York Roof Garden, 1t was the last time he saw his father alive.
 Thaw's attorneys did not desire to cross-examine the witness, and he was allowed to leave the stand.
 The second witness was Warner Pax ton, the engineer of Madison Square Gar den. He was an eyewitness of the shoot ing and the arrest of Thaw. He said that when he reached Thaws side he had been detained by a fireman and an employe of the Garden, who asked him to hold Thaw while they searched for policeman.
 They were then in front of an elevator and Thaw said to him.
 ''We have got to go down in the eleva- tor. Why can't we go now?'
 Paxton said he replied that it was a good idea and they started down.
 "We went into the elevator" the wit
 
 he did 1t, saying he ruined my wife
 A woman, whom he thought was Thaw's wife, replied to thls:
 "But look at the fix you are in now, and Thaw replied to her, we'll dearie, I have probably saved your life
 On reaching the ground floor Thaw re- quested some one to telephone for George F. Carnegie, his brother-in-law, that he was in trouble
 The witness identified a plan of the roof garden and pointed out the position of the actors in the tragedy.
 He was not cross-examined."
 New Figure in Case.
 David N. Carvalho, the handwriting ex- pert, was new figure in the case today. He sat just beside Harry Thaw and evil denty has been summoned to testify for the defense. No statement as to what will be shown by MT Carvalho would be made by Thaws counsel
 Myer Cohen, a songwriter and manager of the house which published the music of "Mamselle Champagne" was called us the third witness for the state.
 As Cohen was on the Madison Square Roof Garden the night of the tragedy he saw there for the first time during the initial act of the musical comedy. Cohen described on a diagram the posi- tion of the table at which N
 
 Thaw's manner of approaching tl tect that evening, the witness stand and walking up and down before the jury box, he illustrated the slow pace which he declared characterized Thaw's deliberation in approaching his victim.
 "He walked up to MT. Whites table like this," said the witness indicating. ."IIe made a slight detour, and coming up to MT. White from behind suddenly faced him and fired three times"
 The witness did not take part in tho events which immediately followed the shooting.
 Dolphin NJ. Delmas of counsel for the defense made his first entrance into the activities of the trial by cross-examinng Cohen briefly as to the position he occu- pied with reference to the principals in the tragedy These were the only ques- tions put to the witness by Thaws at- torneys.
 During the examination of the witnesses who followed Stanford Whites son on l the stand. the defendant took lively in- l terest in all that was said. He looked at 1 the witness intently and from time to | time made notes of their testimony. | MT. Delmas participation in the case | was productive of a new interest in the | proceedings. His questions on cross-eX- | animation were clear cut and comprehen- sive. When he secured the answer he wanted to a question he would cut his ex- animation short right there. without bunting the effect on the jury by cumu- l lative testimony.
 Defense Opens. | It was 2.05 D. m. when MT. Gleason be- | gan the opening address for the defense | The character of the defense to be of l fered in Thaw's behalf was not divulged l in his first rumored statement. "You disabuse your mind, gentlemen of l the jury" he began "of any idea or i'm pression that the defense in the case will rely on anything but the constitution and laws of the imperial state of New York | On these laws we alone will rely. You | must dismiss all idea that we are to i'm. | port into this case any so-called higher | or unwritten law. We will rely on al the defenses that the law allows. One l of the laws on trial here Is the law as tC l insanity"
 The purpose of the defense at last was disclosed. and MT. Gleason began to dwel | on the subject. He declared 1t would b, shown that Thaw believed he was acting on view of providence when he killed | White.
 It would also be shown that the defend ant had suffered from temporary or emo tional insanity for years.
 Mr. Gleason declared further that i would be shown that rhaw acted in self defense without malice, believing threat! had been made against him by Stamford White MT. Gleason said Thaw did no know the nature or quality of his ac | a the time he committed it.
 "It lies with you and you alone" con tinued the attorney, addressing the jury ito decide whether or not Thaw was sam l when hr killed Sanford White Yoi1 mus