Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-01-13
REAL BEGINNING
IN TRIAL Of IHAX
Opening Address to tho Jury
Made BY Assistant Prose-
cutor Garvan
INSANITY THE ONLY POINT
All Other Questions Eliminated From
the Case, Says Attornsy-First Wit
ness Called i. Man Who Made Dia-
gram Of Scene Of Whites Murder
General News.


trict Attorney Garvan began the op-
ening address to the Thaw jury at 9:12
a. m. Mr.. Garvan occupied twenty
minutes in the address, describing the
killing of Stanford White as premedi-
tated, deliberate murder. The first witt
ness called was the man who made q
ing occurred. Within the next few
minutes Assistant District Attorney
Garvan had begun to outline the prose-
cution's case to the jury. "The defense
in this case," said Garvan, zig insanity.
The material facts are admitted. In
sanity, let me adjure you, is not to be
defined by what you or might think.
1t is not what the physicians or
metaphysiciana may tell us; or what
the scientists or pseudo scientists may
describe. Insanity as we have to deal
with 1T has been defined by the legis-
lature Of New York. The law is wiser
than we are and we must obey It and
live under the law. That law says
that the only person excused from
criminal responsibility is he who is SO
deficient of reason, who does not know
the nature or quality Of his act or that
the act Is wrong. With this definition,
and with this definition alone Of tho
law, ask you to judge all the acts Of
this defendant on the night of June Is,
1906, which is the night on which he
killed Stanford White"
Garvan dwelt at length upon the
conversation ThaW had on the roof
garden with James Clinch Smith,
conversation, he DECLARED, was entirely
sane, and was INDUCED in just few
moments before the killing. Eight
subjects, from Wall street to ocean
travel, were discussed in normal
way. Mrs. Evelyn Thaw listened to
the prosecutors discussion OF the
actual details Of the tragedy, with
tense drawn features. Josiah Thaw, =
brother, and Mrs. George L. Carnegie,
sister, completed the usual family
group. Thaw sat with his eyes fixed
upon the prosecutor, and his head
rested upon his right hand. After de-
scribing the killing Of White, Garvan
declared in conclusion, that judged by
any court, the prosecution believed
that the homicide could be explained
as "a premeditated, deliberate and
cowardly murder
w. H. volkening. draughtsman, was
the first witness called. His diagram
of the scene Of the killing, which the
prosecution used thruout the first
trial, was introduced in the evidence
today
Immediately after the first witness
concluded his testimony, all the wit
nesses but the medical experts, were
excluded. DR.. John T. Deemar, the
Thaw family physician, was in the
court room, and will be one Of the
first witnesses for the defense.
AS the second witness for the pros
ecution. Garvan examined James
Clinch Smith, who last year testified
in rebuttal. having been abroad when
the state presented its direct case In
great detail, Smith described the ientry
of Thaw and party. With the defend
ant was Mrs. Evelyn Thaw, Thomas
McCaleb and FTruxton Beale Smith
repeated his conversation with Thaw.
which began by the latter saying that
he could only get three seats on the
roof. and intended strolling himself.
Smiths testimony followed that given
at the first trial almost identically./
Thaw asked him il he was doing any
thing in Wall street. and said he
thought certain stocks were very good.
On cross examination. Smith saii
that previous to the night Of the trag-
edy. he had never heard Of any diff
Guilty or strained relations between
,Thaw and white. Littleton referred
frequently to the transcript of witness
testimony in the first trial. and asked
an impeaching question based on II.
One point. Smith said. was that the
record was in error. Smith was still
under cross examination when lunch
con recess was ordered.
The people in the Thaw case rested
at 3:19 D. M.