The news-democrat. (Providence, R.I.) 1906-1909, 1908-01-13

Thaw was called to the bar promptly
at 10 o'clock. Within the next few min
utes, also the district attorneys assistant,
Mr.. Garvan. had begun the outlining of
the prosecutors case to the jury. He
said that the great publicity the Thaw-
White affair has attained should but urge
the jurors TO thorough understanding
of the grave duties imposed upon them.
CARAVANS SPEECH.
"The defence In this case" said Mr..
Garvan, depressing entirely from his adj
dress OF year ago, lis insanity. The
material facts are admitted. Insanity, let
me adjure you. IL not 10 be defined by
what you or l might think. II Is not
what physicians or metaphysicians may
tell us. or what scientists or pseudo
scientists may describe. Insanity. as we
have 10 deal with II. has been defined by
the legislature of the state of New York.
The law is wiser than we are. We are
sworn TO obey II, and TO live under 1t.
The law says that the only person excused
from criminal responsibility is he who Is
so deficient OF reason that he does not
know the nature or quality Of his act or
that the act is wrong. With this defini-
tion and this definition OF the law alone.
/ ask You 10 judge OF all of the acts or
this defendant on the night of June 18th.
1906, when he shot and killed Stanford
White on the roof OF the Madison Square
Garden"
After describing the manner in which
Thaw shot White three times, Mr.. Car
van declared In conclusion that. judged
by a test the prosecution believed the
homicide could only be explained as "a
premeditatcd, deliberate and cowardly
murder"
TESTIMONY BEGINS.
Walter n. Volkening. a draughtsman.
was the first witness called. He made a
diagram OF the scene OF the killing which
the prosecution used throughout the first
trial and which was introduced into evil
dence. A year ago this witness was not
cross-examlned. Today Mr.. Littleton. for
the defence. questioned him at consider
able length. ns to all the physical details
OF Madison Square at the time he made
the drawing
Immediately after the first witness had
concluded his testimony District Attorney
Jerome arose and asked that all wit
nesses be excluded. The court made an
exception OF all medical experts This
ruling disclosed the fact that Dr John
7. Deemer. the Thaw family physician
was In court and will be one OF the first
witnesses for the defense.
JAMES CLINCH SMITH.
As the second witness for the prosecu-
tion. Mr.. Garvan called James Clinch
tai, having been abroad when the state
presented its direct case then.
Smith, who had gone alone 90 sec the
first performance OF Mile. Champagne"
on the Madison Square Roof Garden, de.
scribed the entry OF Thaw and his party.
who previously had dined at Martins,
With the defendant were Mrs. Evelyn
Thaw. Thomas McCnleb and Truxtou
Bealo. Mr.. Smith then repeated his con-
versation with Thaw. which began by the
latter saying he could only get three seats
on tho roof and intended strolling him
self
Mr.. Smiths testimony followed that
given at the first trial T'haw asked him
II he was doing anything in Wall street
and said he thought Amalgamated Cop
per and the Steel stocks were very good
lie asked Smith ~ he was going abroad
curing the summer ana discussed with
him the accomr odations on several well
known steamers
The witness also told OF Thaw asking
him II he was "a very much married
man" ard Offering TO Introduce him 90
"buxom brunette" which the witness
declined.
"Thaw also asked me n I knew any OF
the members Of his party" said Mr.
Smith. "and wanted TO know 4 I remem-
bered n case In California In which Trux-
ton Beale figured with another man Ard
two women. Then he said ! was too