The Detroit times., 1908-01-13
L|TTLET0h LEADS
WITNESS into
A TRAP
SHOWS STANFORD WHITES BRO
THERlN-LAw's SrARINo Dis
cREPANcY BETWEEN PRESENT.
AND FORMER TESTIMONY.

NEW York, Jan. 13.-Atty. Mar
tin w. Littleton, Harry X. Thaw'o7
chief counsel, neatly trapped James
Ciinch Smith. Stanford Whites broth~
er-in-law. In discrepancy In his story,
during Smiths cross-examination, to-
day. The following quotation from {
the court proceedings, relative to The
shooting on the roof garden. shows
how he did II:
o-couTd you see Whites face?
Al did not see II. He had hIo
hands above his head.
0-You are sure that you did moe
see his face7
Al am posItIve, else should have
recognized him. 20
Odd you actually 90 and look a
the body for Identification
Ayes, ! did.
o--Do you recall testlfyIng at the
last trial that the face was beyond
recoenItlon7
Ayes, that 10 right.
Q-Dld you testify that the face wao
so black that you couldn't reco0ntxe
-A--That 10 right. ~
o-Didn't you just tell me that you
could see nothing but the back Of the
head and ears?
Al said so.
o-Then, what do you mean by say
Ing that what you saw was 90 black
you could not recognize hlm7
A-The the back Of the head and
ears were black with powder.
Assistant District Attorney Garvan
made a brief opening address. when
Harry X. Thaw this morning for the
second time faced Jury on charge
OF numbering Stanford White. He
called the jury's attention to the facSs
that the only definition or the WORD
insanity, with which the members
would have to do. would be the kind
that excuses crime only when the de-
PENDANT Is suffering from such I'M
soundness OF mind as not to know the
nature, or quality OF his act. or to
know that the act was wrong. He re-
viewed. In few words, the entrances
OF the Thaw party to the roof garden
on the night OF the tragedy and told
OF 'Thaw's meeting with James Clinch
Smith Whites brother-in-law. and Of
the conversation which passed be-
tween the two.
"He tThaw) sat down md offered
Smith cigar, which Smith refused, "
sale Caravan. "He asked Smith II he
did not smoke. Iron Smith saying
THAT he smoked cigars sometimes, the.
defendant opened case and gave
4 him one. The rair then went on talk
Ing. Smith asked the defendant to-
take the other vacant seat. No, I'm
going to stroll tonight Thaw an
swered.
Gentlemen, I want you to remember
that I am going 20 stroll tonight.
added Garvan, impressively. M
Littleton objected to the Offering
OF the diagram In evidence on the
ground that on the face OF the testf-
mony OF the witnesses 1t was incom-
plete. This diagram was then tenn
porarily withdrawn by Jerome.
Here Clerk Penny called out: "Alll
witnesses except medical witnesses
are directed by the court to with
draw from the room. This rule Will
be enforced throughout the trial."
Evelyn to Remain Away.
Mrs. Evelyn Nesbit Thaw went TO-
the anteroom. The order will cause
her TO remain out OF sight Of her hus-
band throughout the trial
James Clinch Smith. was the next
witness called. He said That he was
lawyer and was acquainted with
the defendant, whom he has known for
two or three years. He said he went
to the roof garden on the night OF the
shooting, arriving there about s:16
O'Clock.
THE contention OF the state" said
Garvan, in closing. Is that the defend
ant committed a cold-blooded. premed-
itated. cowardly murder and we sex-
pect TO prove t."
The FIRST witness called was Waiter
| H. volkening. draughtsman In tho
employ OF the district attorney He
identified the plan of the roof garden
which was ordered by the state. On
cross-eyaminatlon by Mr.. Littleton, the
witness said he commenced making
the diagram about II a. m on June &C.
He further testified regarding the po-
sition OF the pillars and posts on the
roof garden. The eminent purpose OF
Littleton In close questioning the
witness about the presence OF upright
arches and regarding foliage. was to
4