The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-05
SLAYER Of Stamford White Will
Again Face Jury
NEW FACTS WILL Be SHOWN
Counsel for the Defense VIII Proceed
Upon the Line of Insanity at the
Time of the Tragedy For
Justification of Deed.

New York, January 4.-(Special.) BE-
fore Justice Dowling in the criminal
branch of the supreme court Monday
morning the second trial of Harry Ken
dali Thaw for the murder of Stanford
White. in June. 1906 will begin.
1t will be a legal battle such as seldom
occurs even in this city OF sensational
trials.
Stanford White, one of the best known
architects in the country, and man about
town, was publicly shot to death on the
Madison Square Roof Garden on the night
of June %, 1906.
The murderer was Harry Kendall Thaw,
a young Pittsburg millionaire, with a
fondness for gay society. With Thaw at
the time of the shooting was his wife,
formerly an actress known as Evelyn
Nesbit, and who, according to her story
told ON the witness stand, had confessed
dier before her marriage.
DeImas Not Present.
The former trial resulted in Disagree
ment by the jury 1t was hard fought
and long drawn out contest The trial
which begins on Monday will be fully as
dramatic, perhaps more so.
The former actors in the drama will
all be present with the exception of Law
yer Delmas of San Francisco, who ap-
pealed in vain to the "unwritten law"
and the strange and obscure phrase
"dementia Americana.
The details of the tragedy are the same
The facts have not changed. The actors
with few exceptions are identical. But
what new and strange features may be
brought out nobody can foretell.
District Attorney Jerome will be as
sisted in the prosecution by Mr.. Garvan,
his first lieutenant.
Martin w. Litteton, formerly president
of Brooklyn Borough, will be in charge
of the TNhaw defense, and will be assisted
by Daniel j. OReilly and A. Russell Pea
body, one of Thaws former counsel.
The lines of defense will be materially
changed. The trenches dug by Mr.. Del
mas will be abandoned and the straighter
and more definite plea of insanity will
be adopted.
Plea of Insanity.
While the plea of the defense may not
be emotional insanity, it will have for
its object the establishment of Thaw S in
sanity at the time of the murder and the
subsequent reclamation of his mind
through his long. quiet life in the Tombs.
TO this defense there has been given
months of thought and careful study.
There will be no justification of the deed
save the claim of plain insanity
In the matterAof witnesses there will
be some strange reversals. Many OF the
alienists called by the state in the first
trial, and who were so sure that Thaw
was insane, will now be called upon to
repeat their testimony for the defense.
This will necesstate a change of base
on the part of the prosecution, but just
what that change will be has not yet
been divulged.
1t is likely that Thaw's life abroad will
be gone into and that testimony which
was merely suggested in the former trial
will be brought out in all its horror and
depravity.
Foreseeing this, Justice Bowling has or
dered the exclusion of women from the
court room during the coming trial. Only
those having business in the court room
will be admitted.