The Washington herald., 1908-01-14
COURT TO HEAR OF THAW TROUBLES
Continued from Page One.

and once when he started a laugh. Mr.
Peabody promptly cut him short. The
only members Of his family in court
were his half-brother. Josiah Thaw. and
his sister, Mrs: George Lauder Carnegie.
They sat in what has been named the
Thaw pew, most OF the time looking
downcast.
Evelyn Nesbit Thaw heard Mr.. Little
toms speech, although she was not In
the courtroom. With other witnesses
she had been excluded in the morning,
but during at least part of Mr. Little
tons speech she listened at the door or
the courtroom.
Three times Mr. Lttletons speech was
interrupted by Mr. Jerome. Mr. Littleton
said that nothing would be done that
would reflect on the memory OF Stanford
White, unless II was absolutely essential
TO the welfare Of the client. But when
he began 70 talk Of the meeting Of
Evelyn Nesbit and the architect, Mr.
Jerome objected. saying that it had no
bearing on the defense.
When he began TO describe the publicity
the case had received he was cut short
again by Mr.. Jerome. who described Mr.
Littletons effort as the most extraordinary
he had heard. Justice Dowling warned
Mr.. Littleton to state simply what ne
wanted TO prove
Opening of Court.
Justice Dowling. who believes in being
prompt and holding long sessions, was
on the bench at 10 O'Clock to the minute
Z elf
crowd in the courtroom. but the usual
mob Of persons, who never seem to have
anything to do. hung around the build
I ing, hoping to get a glimpse Of some one
/ connected with the case.
/ II took Mr. Garyan just twenty minutes
/ 20 tell the jury, in a Straightforward
Imatter-of-fact way, what the prosecution
/ intended to present to the jury to con
vince them that Thaw was guilty oi
murder After the usual word Of praise
4 for the jury. Mr. Garvan asked that nC
! personal feeling or difference be allowed
TO interfere with a fair verdict The
purpose OF the criminal law was no
/ retribution, or revenge, or expiation i
was for the protection Of society, and t
serve as a notice 10 all who contemplated
! the commission Of crime. that they cOulC
not break the law Of the State without
being punished
/ After defining the legal definition o
/ insanity, Mr.. Garvan told IN few words
the incidents Of the night White va
] killed He had spent the Sunday befor'
with his family He dined that evening
with his son, and a chum Of MS son,
the Cafe Martin They went 10 on
roof garden, he to the roof Of the build
ing he had designed.
Thaw came IN with his wife. TruXtol
Beale, and Thomas AcCaleb. The.
passed James Clinch Smith, took seats
and then Thaw went over and spoke Z
tMr. Smith. Thaw walked around tn
roof and then killed White The re
volver was taken away from him, b
was led out and taken 10 the Tenderlol
station. where he gave a fictitious name
/ Thomas Smith, student, Of Washing
ton. Then he asked to see Joseph Choatt
William b. Hornblower. or Lewis Della
field.
by eTery rule Of law" said ME. Garvan, 1T
the contention of the people q the state q Ne
Yors thst the defendant committed premeditste'
deliberate e8sardly murder en thst night At u
conclusion of this case viii ask ycu for We
dict Il murder in the first degree.
The First Witness.
william VolkenIng, a draughtsman, wh
had made a drawing Of the floor pla
Of the roof garden for the district a
torney the morning after the shooting
was the first witness. lie Identified II
plan he had made, but Mr.. Littleto
wanted to know If it represented to be
plan OF the condition Of the roo
on the night Of the shooting. Mr.. Ii
tleton inquired where certain plants ha
been. and also about arches and ligh
under the balcony. They were not spec
fed in the plan. and on Mr.. Littleton
objection the drawing was not admitte
in evidence.
That disposed OF Mr. volkening. ar
then Mr.. Smith. whose testimony was OF
Of the features OF the first trial, ";
called
Mr. Smith said that he had know
Thaw for twelve or fifteen years. He e.
10 the opening night Of ''Mamzelle Chan
, payne" about 9.15 o'clock. he didn't 81
White, but ne saw Tnaw and his part
Z come IN.
3 They walked over and took seats" be sal
'Thaw did not sit down but walked 70 an al
q and l0oked over the audience for minute or tv
e Then Thaw came up and spoke to me he ssi
That's funny; only able 70 get thT
seats Then ThaW took another good look arou
the audience"
. There was q vacant seat next to n
e Smith and Thaw sat down. Thaw spOl
L about the Steel and Copper stocks, al
r said he was surprised that they we
S so low. as they were good investment
, He asked me If I was doing anythiI
q in the street. and I said he was
b. speculatOr"
T Mr.. Smith told him that he was goil
: to Europe in a few days on the Deutsc
r. land. and ThaW said he was going
r the Amerika. They discussed the respe
s tive merits Of the two boats, Thaw 7
1 marking that he had to pay an eXtrav
J. CANT price for his rooms, as he insist
I upon having quarters where he cou
have his meals. There was some mo
talk on the same subject all Of viii
Mr.. Smith has told before. and tn
= Thaw. according 10 the witness, I
o marked:
s Are you very much married.
l. I said What do you meant
/ He said he knew nice girl that he thought
r 4 would ike. He said she & bIXOm brunet
s not 50 very pretty. bur a nice girl. and / said
+ didn't care anything about meeting her
e saw the shooting.
e After some further talk. witness sa
g Thaw got on his feet and looked Ov
the audience. excused himself. walk
+. to the elevator entrance, Of the Twent
S sixth street side Of the roof-the 81
= on which White was sittins-and tn
back 10 where his wife and his u
friends We're sitting
Witness then went on to tell Of I
= further movements of Thaw on the Fat
night, and coming down to the shoC
: ing OF White, said:
S 4 heard three postol shots and jump
- to my feet al once. l saw Thaw vi
the pistol and started for him. l look
; ! n. IL hoar- IN the aonr 1-ha hnna N.