New-York tribune., 1908-02-02
HISTORY OF THE CASE.
Thazo Spent $50 Days in the Tomb'
Before Acquittal.

Harry Kendall Thaw shot Stanford White on
the night of June %. 1906. in the Madison Square
Roof Garden He arrested and locked up III
the Tenderloin station, and the next day Coroner
Dooley committed him to the Tombs lie spent 800
days there including yesterday, the day OF MS
acquittal
Thaw was indicted for murder on June q. three
days after the shooting. and was arralsneo lhe
next day before Judge Cowing, IN GeneraI oes-
sions where the prisoner pleaded not guilty..
Thaw's first trial was marked by several changes
in his counsel. Soon after his arrest ne retained
Lewis L. and Frederick P. Delafeld, Black Ol-
cOtt Gruber & BOnynge and Henry w Longer
low but on July A. 1906. he dropped them and en-
gagged clifford w Hartridge John B. Gleason and
A Russell Peabody. The trial was begun before
Justice FtzGerald, in Special Sessions on January
% OF the next year 1t was not until eoruarE =
that the jury completed.
made by Assistant District Attorney Garvan two
days later, and J. B. Gleason opened for Thaw
The first witness in the first trial was the son OF
Stanford White. He was for the prosecution. and
was on the stand February T. The next day
Dolphin NJ. Delnas took charge Of the defence
The first trial was full OF sensational Incidents
The testimony of the prisoners wife on FEBRUARY
T. and again the 11th, when her story was
suspended was alleged revelation and put the
case at once into the first ranks of celebrated
cases On the 18th the death of the wife of
a juror halted the for four days. and when
the trial was resumed. Mrs. Evelyn Thaw was
subjected by District Attorney Jerome 10 one OF
the most mercess cross-examinations of record
1t March 6 that IhfaWS lnother was put
on the witness stand
The next day the defence rested. and Mr. Jerome
began his counter attack. On March IA Jerome
called Abe Hummel a witness to deny Mrs
Evelyn Thaws story. Mr.. Hummel denied IT. On
the same day Mr. Jerome read his 1900 word
hypothetical question regarding Thaw's mental
cor lition and DR.. Austin Flint, witness, swore
that Thaw was insane. Another alieniSt, earlier
in the trial. DIR. Brftton D. Evans, said that at
the time of the shooting Thaw was suffering from
brain Storm" phrase that at once became popu-
lar and clothed in ridicu!e.
On March 20 the trial halted by Mr.. Jerome
who applied for a commission in lunacy, and get
it. This commission sat seven days. and then de-
would not permit Mr.. Jerome to see its minutes
he declared that he would appeal from its decision.
but changed his mind the next day. and on April
Mr. Demas began his final address He
pleted his summing up the next day, and on April
10 Mr.. Jerome addressed the jury. Justice Fitz-
gerald charged it, and for forty-eight hours the
twelve men struggled to reach verdict but were
unable to do so. The actual number of days
cIpied in the first trial was forty-three.
The present trial lasted twenty-six days. begin
ming on January {. Court was held on nineteen
days 1t took five days get jury. more than
twice as many taesmen being examined were
at the first trial. The defence of insanity was
nounced at the time of the pleading, and Mr.. Lit
tleton allowed other issue to obtrude. His
handling of the in sharp contrast TO that
of Mr.. Delmas. The prosecution ended its direct
by calling James C1inch Smith, the slain
mans brother-in-law, and a few immaterial wit
nesses to establish the fact of the shooting The
defence brought witnesses from Rome. London
Monte Carlo. and California. Pennsylvania and
other states to establish Thaw's insanity. Mrs
Evelyn Thaw told her story in open court again.
in face of Mr.. Jerome's objection. and her cross
examination was far less bitter than it had been
on the first trial