Waterbury evening Democrat., 1908-01-14

Not Expect to Be9ln opening Address
 to Jury Until Today-Four Witnesses
 Called by Defense.
 New York, Jan. 14.-Hereditary in sanity, eliminating in the Madison Square Garden roof tragedy, was plainly outlined as the defense at the retrial of Harry K. Thaw by Martin w. Littleton in opening the case of his client.
 "Sleepless he passed from his moth CTS arms to those of a nurSe," said MT. Littleton. "Sleepless. he had to leave boarding school and be sent back to his home"
 Thaw was under the stress of great emotion as MT. Littleton addressed the jury. His face was white and pasty. and the precipitation raced from his forehead in great drops.
 Mr. Littleton sketched Thaw's life from infancy and said he had inherited insanity from both his fathers and mothers families.
 ''No man," he said, "can escape the fever that burns in his blood at birth and burns in his blood at death."
 State Brief In Opening.
 For the state in opening Francis P. Garvan took only twenty minutes. He said Thaw was sane at the time he killed Stanford White, and he charac- terized his act as premeditated, delib- crate and cowardly murder. After call ing four witnesses the state rested.
 One of MT. Garvan's witnesses was James Clinch Smith, brother-in-law of Stanford White, whose testimony that 1 Thaw was watching for MT. White and acted rationally just prior to the tragedy was unshaken by MT. Little ton in a severe cross examination. After calling Warner Paxton, engineer at the garden, Mir. Garvan surprised counsel for the defense by resting. In Low, Tense Tones. In tones so low that he could hardly be heard Mr. Littleton started to ad- dress the jury. He began by talking of the tiresOme work of listening to witnesses. No doubt, he said, they | were all jaded from the tedious pro- | ceedings, but the counsel also were worn out.
 Each of us has his own individual part to play, though" continued Mir. Littleton, "and we can only do our best.
 "The power which you hold is great in this case. That is the power to say whether my client shall live or shall die.
 Ut is unnecessary for me to tell you that with such power it is desirable that you should exercise the greatest care at every step.
 "I will not disguise the fact that the part that we shall play shall be that of wholesome partisanship in the in- terest of our client feel that even as we are burdened by partisanship which we confess that we can look into this case with the supreme desire to see that justice be done between this client and the people of this state." Grows Vehement.
 AS he progressed in his address Mir. Littleton's voice rose louder and loud CT, and he emphasized his statements by banging his fist upon the table in front of him.
 Counsel for the people has said that the definition of insanity was not for physicians nor pseudo-physicians to state. but for the legislature" he said.
 "The definition of insanity is so elu- sive that it eludes even those who have studied it and who will continue to study it to the end of the world.
 "If the facts are that Harry K. Thaw slew Stanford White in full possession of his mental faculties, then it is your duty to look him in the face and say it was murder in the first de gree.
 Tn opposition to that charge we have filed not only the plea of not guilty, but also that at the time the deed was committed the defendant was insane and not responsible for his ac- tions.
 Why do we claim that he was in- sane on the day of June 25. 1906? Be- cause, gentlemen, if we claimed that he was insane on any other time that would not be an answer to this charge.
 ''The only issue that can be present ed to the jury is whether the defend ant was insane at the time Of the com mission of the act.
 You may search his life before that to see whether it reflects any light upon his act. You may search his life since to see whether that reflects any light upon the act But his condition of mind at that time is the one issue here.
 Challenges Critics.
 "With no spirit of braggodOcio in- vite you to watch to see whether in- troduce here any defense that seems to have been made up on the spur of the moment to meet this case.
 'I shall not trouble you gentlemen with any opiaion of my own on the subject of insanity. I shall content myself with the plain statements of facts. Science has told Us about every organ of the body. but it has stopped when it reaches the brain. the strange and mysterious seat of all power.
 "why are all men gifted differently? Who can teIl2 You and I must be tareful when we say we know what she condition of this mans brain is.
 We an inherit something from