The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1908-01-16
CARAVAN BRANDS
THAW MURDERER
PROSECUTOR DECLARES PITTS
BURGERS KILLING OF WHITE
WAS PREMEDITATED.
SCOTS AT INSANITY PLEA.
New York Laws Clear on Point and State
Seeks Conviction Only Under
Statutes.
FIRST WITNESSES ARE ON STAND.

NEW YORK, Jan. 13.-The state to-
day opened its case against Harry Is.
Thaw, the young pittsburger charged
with the murder Of Stanford White, one
of the best known architects OF America.
Assistant District Attorney Caravan
made the opening speech for the state,
declaring that the Madison Square Roof
Garden killing was Il deliberate murder.
lie said that the state hoped to convict
Thaw under the laws OF New York,
which he said could not be twisted TO
show insanity Of the defendant.
The people rested at 3:l9 O'Clock.
Garvan Opens for State.
Prior to the opening of the court A..
Russell Peabody, attorney for IhaW,
said that no application for commission
TO 20 to Pttsbrg and take the t"sil-
mOny of Mrs. William Thaw would be
made, as the defendants mother had
tclrgraphed she would come to New York
when needed. Mrs Thaw Is stlll very
sick.
Thaw was called to the bar promptly
at 10 a. III.
Within the next few minutes, Assist
ant District Attorney Caravan had be
gun the outline Of the prosecution case
to the Jury.
The defense in this case" said Nj.
Caravan, depressing entirely from his ad-
dress of year ago. lis insanity. The
material facts are admitted. Insanity,
let Inc adjurc you. is not to be defined 10y
what You or | might think. 1t Is nor
what physicians or metaphysiclans may
tell us, or what scientists or pseudo
scientists may 5dHsCribc. Insanity, as we
have to deal With il. has been defined by
the Legislature of New York. The law
Is wiser than we are. We are sworn 20
obey it and 10 live under it. That law
says that the only person excused from
criminal responsibility is he who is 50
deficient of reason that he does not know
the nature of or quality of his act or that
the act is wrong. With this definition,
ana This definition OF the law alone !
ask You to Judge Of all the ac,- OF thlS
defendant the night Of June -, 1906,
when he shot aud killed Stanford White
on the roof OF Madison Square garden
Deliberate Murder, He Says.
Mr.. Caravan dwclt Mt length upon the
conversation Thuw had on the roof gar
den with James tliuch Smith, brother
iu-law Of Stanford White. The CONVEX
sation. he declared was entirely sane, and
was INDUCED in just few moments be-
fore the killing Eight subjects from
Wall street To ocean travel were dis
cusscd all in n normal way.
Mrs. Evelyn Thaw listened to the as
sistant prosecutors description Of actual
details Of the tragedy with tcnscly drawn
features Josiah Thaw. the brother and
Mrs George l.. Carnegie. the sister, com
pletcd the usual family group. ThaW
sat with his eyes fixed upon the prose
outor, his head rested upon his right
hand
After describing the shooting of White
MIR Gnrvan declared in conclusion that
Judged by any tost, the prosecution he
licvcd the homicide could only be OK
planned s"a promoditatcd, deliberate
nnd cownrdly murder"
First Witness Is Called.
Walker H. Nolkcnjng, a drauchtsman
was the first witness called. His dia
gram Of the scene of the killing which
thr prosecution used throughout the first
trial was introduced IN evidence today \
year ago this witness was not crosS-oX
nniucd Today Mr. Littlcton for the de
Tense questioned him mt lenoth as to al
the physical details of Madison Saunr,
garden at the tim" hc made the draw
ing No mention to exclude the witness
&c was made today and young Mrs
Thaw ana the other members of the de-
Pendants family listened to the evidence
for the first time
Whites Relative on Stand.
Then all witnesses oXccpr medical cv.
ncrtS were excluded. Or John T.
Dccmar the Thaw family physician
was in the courtroom. AS the second
witness for the prosecution. Mr.. Garvan
examined James tlinch Smith. who last
year testified in rchuttal, having been
abroad when the case was first present
cd In great detail Smith described the
entrance Of Thaw and his party. With
them was Mrs Evelyn Thaw. Thomne
Nctnlcb, and TruXton Bcalc Mr.
Smiths testimony followed that given
ut the first trial almost idcntically
The witness described what he saw Of
the killing. saving he tried to get to
Thnw but q fireman had thrown his
arms about The defendant. Three shots
were tired The witness did not know
until after he had left the garden that
the victim was his brothor-in-law.
Mr. Iittlcton for the defense, demand
I'd to know why the witness had sworr
Thaw was looking nj White when h,
lid rot know White was in the place
Mr. Smith shouted in response that h,
was testi'ying 10 IN" best Of his ability
ard in view of subsequent events.
Tie had written down his conversation
with Thaw after the shooting, and hal
repeated il from memory.
Smith was still under cross exnminn.
tiou when thc luncheon recess was or
dcr,d