The Washington herald., 1908-01-14


said that after the shooting Thaw said;
Il did It because this man ruined my
wife"
Witness said Thaw said this 10 Mrs.
Thaw as they were going down IN the
elevator. She replied
AN right dearie. but look al the fix you
are In" lie replied:
Well, probably I saved your life"
The crOss-examination OF this witness
did not materially AFFECT his story.
State Closes Case.
After the coroner's physician had tesn-
fed to the nature OF the bullet wounds
that had killed White, Mr., Jerome an
nounced that the peoples case was in.
There was some surprise that Mr.. Whites
son was not called. but It was learned
that he Is at school IN Europe and THAI
il he is needed as a witness he VIII come
here. After giving Mr. Littleton fifteen
minutes to get ready for his speech. JUS
tice Dowling said that he had received
letters for the jury and that if any one
attempted to get any communication TO
the court or the jury about the trial they
could he held in contempt.
1t was also announced that all wit
nesses except the alienists. would be
kept from the courtroom. This was not
done at the first trial.
Mr. Littleton, In his opening, spoke IN
part as follows.
Mr. Foreman and Gentlemen u the Jury:
had rather hoped that the woTk q opening this
case would not fail On ne to-day, but would cone
tomorrow m0Tniug-hTst. because ] think ] would
be more ft in the morning. and sec1nd, because |
think sou would be more apt % want 10 hear
kal~a 70 -aAa - he r-nra
Zach q who has stared IN the burdens Of
this lawsuit have before q difficult task. The
power which you hold to-day Is greater than al a
the confederated powers q al of the other agencies
Il this great government. greater than all the
agencies Il all the governments on the face q the
earth that under civilized rule This Is ths
power to say whether my client shall continue to
live. OF whether. By yoag mandate he shah Be
/ compelled 10 die-the power 70 dispose of sbsO-
lutely tbs life Of fellow nan
VIII Not Temper Justice.
Gentlemen oi the iury. the defendant in this
case is charged with murder In the first degree. in
that be slew Stanford White in June. 1876 under
circumstances which indicated malice. generalization,
and intention to take his Hfe II the facts ara
that he slew Stanford White while in a responsible
condition and Of sound mini: If the facts that
he slew him with malico premediisted with no
l excuse OF Justification under the statutes q the
State; il the facts are thst there is nothing 10
plain to extenuate CT to set down that viii ~
lieEe him 0f the burden q this charge. than the
only manly thing 10 do, for him. OF tOr ne, OF
for any one associated in this to do Is 20 iOOk
you ssusrely IN the face and say this Is murder IN
the frst degree, and no eXtenusting circumstances
I make il anything else; here, new ] declare our
/ position, that you may not misundeEsisnd T. nor
/ counsel the other side Let the var be fought
betKeen that degree and the aoquittal Of this de-
| fendant.
In opposition to that. and a. an answer 70 IT,
/ We have fled not only the plea q lot guilty, but
the plea that under the specification q mot
guilty At ths time of the killing Of this defendant
was insane, and therefore not responsible under the
/ Law II the state.
] I shall not trouble you. gentlemen. With any
/ professod learning of ny own the subject Of
insanity. / shall content myself with some homeiy
illustrations concerning WhateseF may be called ths
diseases q the mind and with that shall pass 70
1 statement q what vii be vastly more interest
ing 70 y0u-aud that is, the facts as I shan pro
duce them before you.
/ I tell y0u the s.my Of the life Of Harry K
Thaw 10 the end that you may with the
eyes Of his mother. his teacher. his family, the
manner Of the man. l bring 70 yOu story which
would willingly forego the telling of. for the
sake q that delicay q feeling which may affect
those who aTe next and closest 10 him-s story
which. if I cElld unfold IN the silence q an in
quiry q this sort I would prefer 70 have Unf0ded
without any aid Il mine IN voice or speech
VIII Drag Ont skeleton.
For IL is not a pleasant subject 70 pun asids
tie curtain that shuts ont the past q family-0f
a family history; and yet do you kHow that in the
enlightenment which ara rapidly reaching tbs
old theory that It was something wrong 70 have
insanity Ia family, hat il was something 70 hide
the head from or 70 bow the head in shame-that
old theory Is rapidly disappearing from the face Of
the earthi
AIr Littleton then sketched at some
length the defendants life from his
babyhood, and dwelt upon the taint OF
insanity in the family both on the
) fathers and mothers side, who were
afflicted with insanity in one form or
other. Continuing. Mr.. Littleton said;
{ w0uld fain for.go The unhappy and the indeli-
cate recital Of all these things. would happily
give Il over 70 some other person; hut # you and
] honestly endeavoring % get at the truth,
1 what We want 20 know Is what is the timber out
Of which this boz is made ard what was his timber
when he came 70 the sge 81 which Stanford White
? lost his life, must tel you al this
Mr.. Littleton further told Of the ills
E that afflicted the young life Of the de-
! fendant
Refers to Evelyn.
, He told further Of his travels abroad.
! about Evelyn Nesbit coming into his life,
Z dwelt upon the Iatter's career leading
TO the stage, and said:
3 Time went on These people sustained msri
a torious relationship If you please. He did what
after all covers all other acts He made the Per
son 20 whom he had professsd his affection his
wife and took her 70 the shelter II his mothers
ROOF. There they lived from April. 1905. Until June
1906 when this particular occurrence took plscs
= upon the roof garden. Their lives ss they spent
- them az their mothers home bore no unusual IN
cidents except the travelling back and forth 70 NeE
Il YORK and the prospective trip 10 Europa
= viii den0nstTate 10 you that within two months
previous 70 the killing Of Stanford White this 6e
e fsndant in transit from Chicago 70 New YORK. Lii
reason dethTOned. his mind Unse2ted. his WhOs bal
n ancs gone excited the fears Of those who had
! ! charge Of the train until they summoned a ply
sician who is prominent in the State q New York
whose reputation shall not be gatnsaid. who visited
him in his stater0om. who administered 70 him II
his statero0m, who viii tell you that at that tine
within sixty days Of the killing OF Stanford White
J. this man wss absolutely insans and unabis {,
I know not Only the nature and quality Of his act
bat unable TO sarround himself with those safe
/ guards which mean lie and the safety OF his oTE
life and selfpTOtecti0n.
Act of a Madman.
viii show that on the night Of juno 8. 1906
q he staggered about that roof garden and in th'
= blind confusion Of that insanity which ovsrtool
9 him on the train. and out d it all there issued
>, NOT murder but the set Of a msdman. say.
shall demons-rRte this. I shall do more. I shal
show YOU that within twenty foar hours after thi
particular event, those who observed it say the de
feudaut at this particular time irrational, anc
= that is all that a lsyman IS entitled 70 say.
II Gentlemen Of the Juy, when I have demon
: strs+ed this I will go a little further We vii
summon scientists. and shall ask them vha
4 they say and they win tell you that this de
= feudant was insane on the roof In 1905, in June.
II submit that when I have demonstrated that q
vour satisfaction win Be entitled 20 ask you gen
S tlemen Of the jury. have you reasonable doubt a
q to the question Of this defendants sanity on Jun
: g. 1867
o The court here adjourned until to-mor
n row, at 10 o'clock.
noTTpT pAPC EVETVN