The Birmingham age-herald., 1907-01-28

had been at Sherrys From there he went back to the Lorraine and accom- panied by his wife, went to the Cafe Mar tin, where he was joined by two friends from California, Truxton Beale and Thomas McCaleb. White, his son Law renee and a friend also took dinner at tas Martin. From the best accounts the tables of the Thaw and the White par ties were separated by a considerable distance and in such way that Mrs Thaw soud see White although her husband could not. As the dinner pro gressed Thaw noticed that his wife be- came agitated and on asking her why, she passed him a note on which was written That E. (blackguard) is here.
 The police investigation at the time did not show that Thaw saw White at the Martin. It was said that White, nus son and his friend, having finished thel~ meal, passed out to the terrace facing on Fifth avenue, and smoked there while.
 Stories have been told of a remark White made that night in the restaurant that was overheard and carried to Thaw. This, according to the rumor at the time, was heard by a friend of Thaw's wlo thought he was in duty bound to tell him of it. The district attorney so far as is known, could get no confirmation of this yarn.
 From the restaurant Thaw and Mrs. Thaw. with Beaie and McCaleb, went to the Madison Square roof garden, where the musical comedy, "Mamselle Cham pagne,' was having it's initial perform anee. How long they were there be- fore White arrived is not known. When White entered the roof garden at 1'oo O clock he took a seat near the left side of the stage and pretty well up in front The show was then drawing to its close. the girls on the stage were pirouetting to the music of the orchestra and the last cooling drinks were being served to the audience that sat at tables
 Gave White No Warning.
 Soon after Whites arrival Thaw at tracted attention by walking up from be- hind, near the chair of the architect two or three times. The last time he walked oyer he went within two feet of White, drew his revolver and fired three shots. All the witnesses to the shooting say that Thaw gave White no warning of his coming. and that the architect probably did not see his assailant before he fired
 Two of the bullets struck White in the head their course showing that IhaW was out of the line of Whites vision pe- fore he fired. A third bullet struck Whlte on the shoulder. White slipped to the floor and died almost instantly
 In the confusion that followed no one
 
 at the body of his victim for moment and then. with his revolver still in his hand walked over toward the elevator. There he met Fireman Brudi' who was detailed at the place, and gave him the revolver. Brudi asked him, Did you do the shooting?" and Thaw replied Nes, did if. he ruined my wife" 1t was tes- tisad to at the coroner's inquest that Thaw also said while still on the roof garden. s''That --- ruined my wife and I got him and fixed him for it.
 Thaw had been arrested by Policeman Debs when his wife went over to him and nut her arms around his neck. Accord ing to one witness Thaw told her that if would be all right and that she said .I did not think you would do 1t in that way" Another witness heard Mrs. Thaw say: ''Never mind, Harry; I will stick to you. through thick and thin
 Lawyers Begin Prelmlnaries.
 With Thaw in the Tombs his lawyers began the preliminaries of their battle On the night of his arrest Thaw had sent for Lewis L. Delafield. who represented his mothers interests in New York, and at the suggestion of MT. Delafield the firm of Black, OHptt, Gruber Bonynge was retained in Thaws behalf. The &C., tive work in the case was done by Mir Olcott.
 The I1fSt elOrlS oi Dotii ploSttutioh anu defense were directed to find out whether or not Thaw was sane. The defense en- gagged as it's expert Dr. Allan McLane Hamilton, and the district attorney called in Dr. Carlos r. Mcdonald. Dr. Austin Flint and Dr. William Mabon. It was planned to have all four of the experts examine Thaw at one time and he was taken into d room in the criminal courts building for examination.
 To the surprise of all. Thaw refused