The Washington herald., 1908-01-05

/ New York. Jan. 4.-The second trial
of Harry K. Thaw. for killing Stanford
White during a performance on the
roof Of Madison Square Garden. where
White had his studio in the tower. on
the night Of June 25, 1905, will begin
Monday
The trial will be in the same court
room, the Supreme Court. criminal
branch. Justice Victor J. Dow1ing viii
preside. Justice Fitzgerald presided at
the first trial
Thaw, who has been a prisoner in
the Tombs since he shot White, VIII
face surroundings somewhat different
There have been some changes In the
court room. Thaw will sit inside Of
the clerks rail. not far from District
Attorney Jerome. and his assistant. Mr..
Garvan. instead of outside Of the rail-,
close to the spectators.
A rail has been suilt around the side
Of the court room and Thaw win walk
around this to his seat at the defend
ants table.
At the first trial he walked straight
through the court room The aItera-
tions in the court room have made
the seating capacity smaller, which
means that some of those who have
been favored before. viii have 10 be
kept out.
short Trial Desired.
The first trial lasted close to three
months. There is q good deal OF specu-
lation as to how 1eng the second trial
will take. 1t is expected that it viii
4 be a very difficult matter to get
2 Jury. At the same time, the lawyers
who have charge Of the case say that
they may get a jury in q week. It is
the intention of Justice Bowling TO
? hold night sessions If there is trouble
= in gettingl a jury.
= Assistant District Attorney Garvan, as
Y at the first trial, will make the opening
4 address for the prosecution. He viii
/ follow the same lines, a plain recital TO
the Jury of how Thaw, after having had
dinner at the Cafe Martin. with his wife
| and TWO friends, went to the roof gar
den and shot White. Then the witnesses
, for the prosecution viii be called.
To CurtaiI witnesses.
e It took less than two hours to present
the district attorneys case at the first
eS trial, and this time it may be shorter.
A few Of the witnesses. and there were
not many, will be cut out. It is the plan
of the district attorney to show in a sim
pie way that the killing of White by
= Thaw was deliberate and premeditated.
Then Martin w. IIttletOn will begin
r his defense Mr.. Littleton takes the
o place of Michael Dolphin Delmas. who
4 came from the Pacific Coast at the first
: trial with a reputation for oratory and
fireworks. The faces of John B. Gleason
and Henry Clay McPike VIII be missing
from the Thaw counsel table. But the
round Dan OReiny and the suave A.
e Russell Peabody viii give Mr.. Littleton
n what assistance they can.
Plea of Insanity.
There is no secret about Thaw's de-
Tense It will be a plain legal one OF
Insahity-that Thaw had heard from MS
wife and others stories about Stanford
White, and became so violent that, with
out knowing what he was DOING he killed
White There viii be no pretense that
: Thaw is not sane. now
d Nothing viii be said about dementia
a Americana, which Mr.. Delmas sprung in
a his closing speech at the last trial It
will be the contention OF Mr. Littleton
n that the condition of Thaws mind was
such at the time he killed White that
he did not know the nature and quality
I of the act, and that it was wrong-the
! legal definition of insanity.
: To prove this he viii produce a few
t new witnesses. One of them viii be
Anthony Comstock Mr. Comstock could
have been called at the first trial, but he
wasn't Thaw talked 20 him several
times about White.
v Opposed 10 Speeches.
There is an impression that Justice
n Bowling intends to make the trial shorter
than the first He is opposed to speeches
by counsel on every question raised.
: The length of the trial viii depend. OF
h course, on the case made by the defense.
ID Having gone through the first trial. Dis
T, triet Attorney Jerome learned some
lf things which viii help him in this trial.
If There is little chance OF the insanity ex-
Continued on Page .. Column 2.
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