New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-05

Lines of battle in the fight that is to decide
whether or not Harry X. Thaw shall die for the
killing IF Stanford White were drawn with
exactness yesterday. The attack had been
known ever since the events of the night OF
June % last on the roof Of Madison Square Car
den. Witnesses took the stand and related the
details following closely the account printed in
The Tribune the morning after the shooting
The representatives, of the law said: Harry
Kendall Thaw shot and killed Stanford White;
he will be charged with murder in the first
degree, the penalty for which is death" But the
defence was a mystery. locked in the breasts
Of the defendant and his counsellors.
Yesterday it was divulged by John E. Glea-
son. the lawyer who has borne for Thaw the
brunt of the examination Of the talesmen.
We shall appeal 10 other law than that
which is on the statute books" he said 70 the
jury. we want you 10 dismiss from Your
minds that this defendant is 10 be judged by
any standard other than that provided by tho
Constitution and the law Of this imperial state
Of New York
With this introduction lie declared. first. that
Thaw had acted in self-defence, having believed
for three years before White was killed that
his life was in danger in the city of New York,
and that for the greater part OF that time he
carried a revolver whenever he was in this
city; second that dating from one day in June,
1868. when he had asked Evelyn Nesbt to be
his wife and in the refusal had received a rea-
son in which Stanford White figured, he had
been .obsessed with the idea that the architect
had been marked by Providence as a man TO
be removed and that he was the appointed
agent and. third. that Thaw inherited insanity
from both his fathers and mothers side.
In effect then. the defendant rests that
provision of the law which declares that per-
GvpNaSSfI1l1V
urge insanity as a defence when It shall be
shown that the person so accused did not know
the nature or quality Of the act committed, or
that il wrong'
1t was noticeable that Mr. Gleason did not
specifically claim that Thaw is now sane. Be
cause Of this there was talk that perhaps the
District Attorney might before the case had
gone much further. apply for commission 10
inquire into the condition of his mind.
The day I'm the Criminal Branch Of the SUI
Dreme Court where Thaw is on trial, began
with a surprise. It had been so generally
r1Imorad that some of the jurors would be re-
moved that everybody looked for further de-
Law. After some argument with the judge on
the question court convened. and Assistant
District Attorney Garvan arose to begin the
opening address to the jury for the prosecu-
ton 1t was then 1916 a. m. and in exactly
ten ruiuues he had finished. Without any at
tempt at rhetoric he told succinctly the duties
Of the men called ON by the law 10 determine
Thaw's responsibility. and then described the
shooting Of White. THE People say it was
cruel deliberate malicious. premeditated taking
or human life" he said
MOTHER AND WIFE TO TESTIFY
All witnesses subpenaed in the case, except
experts. were sent from the courtroom. AS the
order If Justice Fitzgerald was announced by
CIerI. Penny. Mrs William Thaw. the prisoners
mother: Mrs. Evelyn Nesbit Thaw, his wife,
and Miss May Mackenzie her closest friend
cot up from their seats and went out OF the
rhav family there remained Mrs. Carnegie.
Josiah and Edward Thaw. The Countess OF
Yarmouth was not present 1t was thus clearly
shown that both the prisoners wife and mother
,youId be called upon To testify.
The case of the state rested upon the testi-
,,,opy given by nine Witnesses. and it was fin
isbed in less than two hours First. Law
renee Grant White. stanford Whites son. was
called Young White is a student at Harvard
4 tall. straight STRIPPING of nineteen. He told
how he. a friend and his father had dinner to-