The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-01-14
Case for the People.

ecution's case to tho Jury. Tho defense
In this case" said Mr.. Caravan. us
not sanity. The material facts are ad,
mitted. Insanity. let mo adj,;ra you.
Ia not to be defined by what YOU or !
might think. 1t Is not what nhysicials
may tell US. or what scientists or
pseudo-sctentists may descTios.
insanity. as we have. to deal with It.
has been defined by the Legislature OF
the state OF New York. The law is
wiser than we arc. We are sworn to
obey 1t and to live under Il. That
.aw says that the only person excused
from criminal responsibility IS he who
II 80 deficient Of reason that ne Does
NOE know the nature or quality OF his
act or that the act 70 wrong. WIN
this definition and this definition OF
the law alone, ask you TO Judge all
the acts OF this defendant the night
of June as, 1905, when he shot and
killed STANFORD White on the root OF
Madison Square Garden"
Mr. Caravan dweit at length upon the
Conversation Thaw. had on the roof
garden with Jclnss Clinch Smith.
brother-in.law OF Stanford White. The
conversation, he declared, was entirely
sane, and occurred Just a few moments
before the killing. Eight subjects.
from Wall Street to ocean travel, We're
discussed. all in a normal way.
wife's Features Drawn.
Mrs. Evelyn Thaw listened to the
assistant prosecutors description OF
the actual tails OF the tragedy with
tense drawn features. Josiah Thaw
the brother. and Mrs George =. Car.
ne gle, the sister. completed the family
group. -,
prosecutor, his head resting upon his
rirht hand. After describing the shoot-
ine OF Waite Mr.. Garvan declared that,
iudxed BY any test. the persecution be.
ileved the homicide could only De ea.
plained as "a premcditated, deliberate
and cowardly murder"
Tells Of the Shooting.
Walker II. volkening. drauEhts-
man. was the frst witness called. H!a
diagram Of the scene OF the killing.
which tho prosecution used .throus Aout
the trst trial. was introduced. NJ:
tlttleton, for the defense. questioned
him at length as 70 al ~ pny'; ,rs
nediately after the hrst witness had
concluded hia testimony all witnesses
except medical experts were eHcludea'
AS the second witness for the prosecu-
ton Mr. Garvan examined James Cllnch
Smith, who last year testihed IN &c.
buttal Smith described the entry Oh
Thaw and his party.
With the defendant were Mrs. Evelyn
Thaw, Thomas Mccabe and Irnxton
Beale Mr.. Smith repeated his CONVEX
satIon with Thaw-, which began by
tho latter saying he could only get
three seats on the roof and intended
strolling himself. Thaw asked him II
lie was doing anything in Wall Street
and said he thought certain stocks
were very good. He asked Smith II
he was going abroad In the summer
and discussed with him the acconmo,
dations OF several well-knoWn hteAM'
ers. The witness described what he
saw Of the killing, saying ne tried
to get to Thaw, but q fireman had
thrown his arms about the defendant,
| three shots were fircd. The witness
ale not know until after he had LETT
tie garden that the victim vas his
Lrrthcr-in-law.
'rhaw Locking At White.
Mr.. Smiths direct testimony wal
concluded IN half an hour, The wit.
uess said on cross-exan,Ination that
Stanford White married his sister. but
he did not see the architect Very often.
Smith testified at one time that as
soon as Thaw left him on the Garden
roof he looked in the direction In
which Stanford White sat. Later he
said he did not know White was on
1.-The roof until some time after the
tshooting. S55
Mr.. sLittleton demanded to know why
1.-THE witness had sworn that IhaW was
Hooking at White when he did not
know White was in1the place. Mr.,
Smith shouted that he was testitying
! to tho best of his ability. and ~ vie
OF subsequent events. After saying he
had Immediately formed a mental note
| as to where Thaw was looking the Wit
ness said later he had not reached that
Itconc1usion until after he knew who
the victim was. Smith said that pre-
iyions to tho night Of the tragedy he
hafl never heard oe any difficulty or
strained relations between Thaw. and
with Tho beginning OF the afternoon
! session AIR. Llittleton continued to
question the witness. and then sud-
denly asked: s"rt Ia It not occur 70 You
you since. that Thaw may have mis-
taken you for some one else,
.,'cer tainly not" replied Mr. Smith.
4 che knew who ] ~as,
4 story Of Eye-XVitnass,
Warner Pa&sor, the engineer OF Mad I.
ison Square Garden and an eye -Wi tness
| Is the tragedy, followed htr, Smith on
TIhaw was arrested he requested "a DO
taken down In + the, elevator lp,.aedi-
4 ately.s Going down, Thaw said; He
/ ruined my wife, Young Mrs. Thaw
said; Dyes Harry, but look at the As
4 YOU are In new IN ever min dearie,''
Thaw replled; II have probably saved
.|}your 8life." On. cross,eXanination Faxr
son sald he sat near the centre aisle
AZ the garden all the even g, l.le
4 cont rndicted the testimony OF M,
Smith as to Thaw's walking Impatient
i ~ tpp and down the aisla and Into the
balcony. and declared he saw TIL N go
IN x ne aisle hut onae, an .si Dbl