The Montgomery advertiser., 1908-01-14
Afterneon sessIon.

sessio,, 'hv oegimn,ns or sne sa ,a question the witness about the details ox ms conversations with Thaw, and then suddenly asked:
 or hasn't 1t occurred to you since, that Tnaw may have mistaken you for some
 ''certainiy not" replied MT. smith, The knew who was"
 District Attorney Jerome conducted the redirect examination. Mir. JeromeJ offered in evidence the memorandum made by the witness the night of the killing. but Mir. Littleton objected and 1t was withdrawn.
 During the redirect examination of Mir. Smith. Messrs. Jerome and Little ton had their first clash. Mir. Little ton insisted@rhat he should not be in when he was addressing the court. and was sustained in his position.
 Warner Paxson, the engineer of Mad ison Square Garden, who was an eye witness to the tragedy, followed Mir. Smith on the stand and repeated his testimony of year ago.
 Paxson said that after Thaw was arrested he requested to be taken down in the elevator immediately, as he did not want to bother any of the people on the roof. Going down in the lift Thaw said:
 aIIe ruined my wife," Young Mrs. Thaw said: Yes, Harry, but look ct the fix you are in now.'
 Never mind, deary." Thaw replied, I have probably saved your life"
 On cross examination. Paxson said he sat near the center aisle of the garden all evening. He contradicted the testimony of Mir. smith as to Thaw's walking impatiently up and down the aisle and into the balcony. and declared he saw Thaw go up the aisle but once.
 stanfcrd whites weunds. pr. Timothy Lehane, coroner's phy- sician, was called, and told or the three wounds which Thaw innicted> up- on Stanford White. The pistol with which the shots were fired was admitted In evidence and then District Attorney Jerome quietly re- marked:
 A fifteen minutes recess was ordered and Justice Bowling took occasion af l this time to say that certain anony- nous communications sent to Jurors had been called to his attention. If ehe writers of such letters could be ap- prehended he said. they would be pun iahed for contempt of court. As soon as the recess was ended, BIT. Littleton began his opening address for the defense, speaking of the power of life and death conferred by law up-
 Mir Littfeton declared that MT Gar van had misused tho term insanisS when he said 1t was the duty or ths | jury to take the definition or it as iA'u | down by the legislature. "He meant responsibility" said MT Littleton, flor the definition of in- | sanity is to elusive . thing for your mind or mine. It eludes even the l trained minds of those who have given many years of their life to It's sfudy. l The only excuse for q crime ot sna | character, charged in the indictment | declared Mir. Littleton. is one Of in- sanity but he denied that any condition | of insanity had been invented TOT tne l exI9eneies of the moment
 | "The question at issue is whether or l not Thaw was Insane at the moment ne committed the act with which he stands
 you may search the. record of his past ,as you will have an opportunity | to dd," Mir LittletoH continued; Io l see if 1t throws any light upon the I situation and say to you in all frank l ness that you may also search his llle
 after the act if you choose to see. '. there Is anything to show any lsh' | on this transaction"
 Thaw's Life Sketehed.
 MT. IAttIeton sketched Thaw's life I from infancy and said he had inherited insanity from both his fathers and l mothers families "No man." he said l "can escape the fever that burns n his blood at birth and burns in his
 blood at death"
 The human side was described ny Mir. Llttleton as a thing inscruttRahle No man could fathom 1t! no man could l say why one man should be gifted above another; no man could set him self up as saying he could judge in- failibly of the acts of another. MT LittIeton said there would be no at- tempt to invent any new kind of ex.
 traordinary mania, despite the fact ina. District Attorney Jerome had intimateo in his questioning of jurors that some
 such thing would be tried.
 'Cut all the driftwood, away, ask you men of the jury, and judge thie
 man by the facts as they are pre-
 scented to you"
 On the fathers side of the family
 MT. Little said, a sister became insans at five years old and died at fiIty
 years in an asylum In Pittsburg. A cousin of the father, one William Thawr died insane in an asylum in Virginia of melanchoiia. Harriet Alice Thaw, still on the fathers side. is in an asy-
 lum in Pittsburg suffering from tn-
 sanity of which delusions of perseeu- tion are the characterssties. Horace Thaw, a cousin, also is insane, with persecution as the basis.
 Upon the fathers side, Thaw inherit ed the Instability of nervousness.
 Saying he would like to be spared
 the recital of the delicate details, Mir. 1 Littfgton next told of the insanity
 which he said existed in the mothers family. Mrs, Thaw would come on. ! sick though she is to tell her own st0- ry. The attorney dwen at legth upon i the subject of heredity. saying 1t was impossible fort boy in Thaw's posi- | tton to escape the despotisnH of the des- tiny forged for him before his birth impossible to flee from the fever which burned In his blood at birth and continues to burn there until he dies.
 Harry Thaw was an unusual caild--- suffered in infancy from unusual Ril- ments.
 Teacher to Testify. 1 Mir. LittIeton said that Thaw's teacher in childhood would be one of | the most important witnesses for the | defense and would give her impress | sIons of the boy who seemed so unu- | sual to her thatSshe had set down her | observations of him in diary. He was a boy who lived apart from other boys and had no playmates.
 This teacher" said Mir. Littleton. | will tell you of the strange yasaries | of the boy---wh ose mind at times flash. | ed with the brilliancy of star in the northern night, but at other times was wholly deficient. Her entry in the dia- ry the day Harry Thaw came to school | ,,t1I tal xou. A ouiet distant wide.