The Birmingham age-herald., 1908-01-14

AR4 +, lJOS
 until after he had left the garden that
 the man was his brother-in-law.
 MT. Smiths direct testimony was con-
 cluded in half an hour. and then MT. Lit
 tleton undertook his cross-examination | The witness said Stanford White married
 his sister, but he did not see the architect l very often. He never had gone to a roof
 garden with him. He had written down
 his conversation with Thaw after the shooting and had repeated 1t from men- ! ory.
 Where Thaw Looked.
 The witness said Thaw did not wear an overeoat while talking to him, but I had one thrown over his arm as he en- i tered the garden. Smith testified at one time that as soon as Thaw left him on l the garden roof he looked in the direc- ton where Stanford White sat. Later he said he did not know White was on the roof until some time after the shooting. Mr. Littleton demanded to know why the witness had sworn that Thaw was look i ing at White when he did not know White was in the place. MT. Smith shouted in response that he was testify ing to the best of his ability and in view of subsequent events After saying he had immediately formed a mental note
 
 ness said later he had not reached that conclusion until after he knew who the victim was.
 Mir Smith said that previous to the night of the tragedy he had never known of any difficulty or strained relations be- tween Thaw and White. MT. Littleton re- ferred frequently to the transcript of the witnesses testimony at the first trial, and asked impeaching questions based upon it. At one point Mr Smith said the record was in error Smith was still under oss-eXamination when the lunch con recess was ordered.
 With the beginning of the afternoon session MT. Littleton continued to ques- tion the witness about the details of his conversations as to Thaw. and then sud- denly asked:
 Didn't it occur to you at the time, or hasn't it occurred to you since, that Thaw may have mistaken you for some one ese?'
 Certainly not" replied Mir. Smith, "he knew who l was.'
 District Attorney Jerome conducted the redirect examination. Memorandum Ruled Out.
 Mr Jerome offered Tn evidence the memorandum made by the witness the night of the killing, but MT. Littleton ob- jected and it was withdrawn. During the redirect examination of Smith, Messrs. Jerome and Littleton had their first clash. Mr. Littleton insisted that he should not be interrupted by the i district attorney when he was addressing the court, and was sustained in his posi- tion.
 Warner Paxson, the engineer of Madi- son Square Garden, who was an eye-wit- ness to the tragedy, followed MT. Smith on the stand, and repeated his testimony of year ago.
 Paxson said that after Thaw was ar rested, he requested to be taken down in the elevator immediately as he did not want to bother any of the people on the roof. Going down in the lift Thaw said ] He ruined my wife" Young Mrs. Thaw said, 'Yes, Harry, but look at the fix you are in now. Never mind, dearie, Thaw replied, ''I have probably saved your life' 1. On s-examination, Paxson said he sat near the center aisle of the garden all evening. He contradicted the testimony of Mr Smith as to Thaw walking im- patiently up and down the aisle and into the balcony, and declared he saw Thaw go up the aisle but once. Dr. Timothy Lehane, coroners phy- sician, was called, and told of the three wounds which Thaw inflicted upon Stan ford White
 The pistol with which the shots were, fired was admitted in evidence, and then District Attorney Jerome quietly remark ed: .The people rest" A 15-minute recess was ordered and Justice Bowling took occasion at this time to say certain anonymous communi- cations sent to jurors had been called to his attention. If the writers of such let ters could be apprehended, he said, they would be punished for contempt of court.
 Littleton Begins. Jal M Littleton began his opening address for the defense, speaking of the power of life and death conferred by law upon the jury
 MT. Lttleton declared that Mir Garvan had msused the term insanity when he said it was the duty of the jury to take the definition of it as laid down by the legislature.
 He meant responsibility" said Mr. Lit tleton, flor the definition of insanity is too elusive thing for your mind mine. It eludes even the trained minds of those who have given many years of their life to it's study"
 "The only excuse for a crime of the character charged in the indictment,' de- clared MT. Littleton, lis one of insanity He denied that any condition of insanity had been invented for the exigencies of the moment.
 "The question at issue is whether or not Thaw was insane at the moment he com mitted the act with which he stands charged.
 You may search the record of his past, as you will have an opportunity to do," MT. Littleton continued, ito see if 1t throws any light upon the situation and I say to you in all frankness, that you may also search his life after the act if you choose to see if there is anything there to shed any light on this transac- tion."
 Things lnscrutable. The human side was described by MT. Littleton as thing inserutable. No man could fathom 1t. no man could say why one man should be gifted above another. Ma r,nn,, on11ld sat hi naSelf un as higher.