Waterbury evening Democrat., 1908-01-13
CARAVAN OPENS
ThaW Trial is on in Full Blast N0W-W. 5. Volkening the
 First Witness
MRS THAW WILL COME

day, Attorney A. Russell Peabody stated that no application for con- mission to go to Pittsburg and take the testimony of Mrs William Thaw
 would be made as the defendants mother had telegraphed she would come to New York when needed. Mrs Thaw is still very sick woman but the value of her testimony as per sonal recital rather than in. the prosaic form of a deposition has led the at torneys to abandon the latter proposi- tion. Thaw was called to the bar promptly at 10 a. m.
 Assistant District Attorney Garvan began his opening address to the Thaw jury soon after the opening. Within the next few minutes Assist ant District Attorney Garvan had be- gun the outline of the prosecution S case to the jury. He said that the great publicity the Thaw-White at
 fair had attained should but urge the jurors to thorough understanding of the grave duties imposed upon them. The defense in case, said MT Garvan, disgressing entirely from his address a year ago is insanity. The material facts are adm tied. Insanity, let me adjure you, is not to be de- fined but what you or 1 might think. It is not what physicians or meta physicians may tell us or what scien- lists or pseudoscientists may describe. Insanity as we have to deal with it has been defined by the legislature of the state of New York. The law is wiser than we are. We are sworn to obey it and to live under it. That law says that the only person excused from criminal responsibility is he who is so deficient of reason that he does not no the nature or quality of his act or that the act is wrong. With this definition and this definition of the law alone, 1 ask you to judge of all the acts of the defendant the night of June 25, 1906, when he shot and killed Stanford White on the roof of Madison Square Garden"
 Mir Garvan dwelt at length upon the conversation Thaw had on the roof garden with James Clinch Smith. q The conversation, he declared, was; entirely sane and was indulged in just hefore the killing. Eight sub-l jects from Wall street to ocean travel were discussed-all. in a normal way.
 Mrs Evelyn Thaw, looking some what careworn, listened to the des- cription of the actual details of the tragedy with tense. drawn features.
 From time to time she could be seen biting her lips. Josiah Thaw, the brother. and Mrs George l.. Car negie, the sister. completed the usual family group. Thaw sat with eyes fixed on the prosecutor. His head rested upon his right hand.
 After describing the manner in which Thaw shot White three times, Mir Garvan declared in conclusion that judged by any test. the prosecu- tion believed the homicide could only be explained as a "premeditated and cowardly murder"
 Walker H. Volkening. draughts- man. was the first witness called He made the diagram of the scene of the killing which the prosecution ' used
  was introduced in evidence to-day. A year ago this witness was not cross examined. To-day Mir Littleton for the defense questioned him at length as to all the physical details of Madi- son Square. garden at the time he made the drawing.
 No motion to exclude witnesses was made to-day and the members of the family listened to the evidence for the first time. Now that the taking of evidence has been begun the rules as to admission to the court room are being still more enforced and there were less than a score of spectators present at the morning session.
 Immediately after the first witness had concluded his testimony District Jerome asked that all wit nesses be excluded. The court made an exception of all medical experts. This ruling disclosed the fact that Dr John T. Deemar. the Thaw family was Tn the court room and will be one of the first witnesses for the defense. As the second witness for the prosecution Mir GaTyan called James Clinch Smith. who last year testified in rebuttal having been abroad when the state presente d i.s direct case.
 Smith. who had gone alone to see the first performance of Mile 1 on the Madison Sqnare roof. described the entry of Thaw and his party. who previously had dineH at Martins. With the defendant were Mrs Evelyn Thaw. Thomas Me- Caleb. and Truxton Beale. Mir Smith ! then repeated his conversation with Thaw. which began by the latter say ing he could only get three seats on the roof and intended strOIlinz him | self. Mir Smiths testimony followed that given at the first trial Thaw i asked him if he was doing anything l in Wall street and said he thought l Copper and the Steel l stocks weer very good. He asked l Smith if he was going abroad during he summer and discussed with him he accommodations on several well Suown steamers The witnezs atSo told of ThaW asking him if he was a l
 very much married man and nfer- I ing to introduce him to "a buxor1 brunette" witch the witness daciin- !. zd. ~Thaw slsu asked me if I Enpw my of the members of his party. il I Nr Smith. and wanted fo know F [ case in Caiifo-nis Fn I xhich Truxto1 BesIe figured win an lther man and two women Thea ke aid ! wss too young to remember T aid I was pzst 30 ard he said hs i worId not take me for more than ss--