Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-01-13
DEFENDANTS WIFE PRESENT.
Listened to Discussion OF Details
OF Tragedy on Roof Garden
With Dramatic Features.
No Motion to Exclude Witnesses--Jas.
c. Smith, Whites Brotbcr-in
Law, Was second Witness.

New York, Jan. 13.-Betore the
opening of court today. A. Russell Pea
body. attorney for Thaw, stated that
an application for a commission to go
to Plttshnrg and take the testimony
of Mrs. William Thaw would be made
as the defendants mother had iele-
graphed she would come to New York
when needed. Mrs. Thaw is still very
sick, but the value Of her testimony
as a personal recital rather than in
the form of deposition has led the
attorneys to abandon the latter proposi-
ton.
Thaw was called to the bar prompt
" at 10 a. m. within the next lew
minutes. Asst. Dist-Atty, Garvan hdu
begun the outline of the case.
THE defense in this case" said Mr..
Caravan, lis insanity. The material
facts are admitted. Insanity, let me
assure you. is not TO be defined as what
you or / might think, II is not what
physicians or NEUTRALITY-SUSPICIOUS. may tell
us; or what scientists or pseudo scient-
lists may describe. Insanity as we
have to deal with it has been defined
by the Legislature Of New York. The
law is wiser than We are. We must
obey 1t and live under the law. mat
law says that the only person excused
from criminal responsibility is he who
is so deficient of reason that he does
not know the nature OF quality OF
his act that the act is wrong. With
this definition and this definition alone
OF the law, | ask you to judge of all
the acts of this defendant on the night
OF June %, 1906, which is the night on
which he killed Stanford White.
Mr. Caravan dwelt at length upon
the conversation had on the roof gar
den with James Clinch Smith. broth
er-in-law of Stanford White. The con-
yersation, he declared. was entirely
sane, and was INDUCED in just a few
moments before the killing. Eight sub
jects, from Wall street 10 Ocean Tray-
ell were discussed all in a normal way.
Mrs. Evelyn Thaw listened to the as
sstant prosecutors discussion of the
actual details of the tragedy with tense
drawn features. Josiah Thaw, a broth
err, and Mrs. George Carnegie, the sis
ter completed the usual family group.
Thaw sat with eyes fixed upon the
prosecutor, his head rested upon his
right hand.
After describing the killing of White,
Mr.. Caravan declared in conclusion that
judged by any court, the prosecution
believed the homicide could be ex-
planned as "premeditated. deliberate
and cowardly murder"
FIRST WITNESS.
W. FL. Volkening, craftsman, was
the first witness called. His diagram of
the scene of the killing which the prose-
oution used through the first trial, was
introduced in evidence today. A year
ago this witness was not cross ex-
amined. Today Mr.. Littleton for the
defense. questioned him at length as to
all the physical details of Madison
Square Garden at the time OF the draw
ing.
No motion to exclude witnesses was
made today and young Mrs. Thaw and
the other members OF the defendants
family listened TO the evidence for the
first time.
Immediately after the first witness
had concluded his testimony all Wit
nesses except medical experts were ex-
cluded. DR. John T. Deemar, the Thaw
family physician. was In the courtroom
and will be one OF the first witnesses
for the defense.
WITNESS cLYNcH SMITH.
As second witness OF the prose-
cutlon Mr.. Caravan examined James
Clinch Smith who last year testified
In rebuttal, having bsen abroad when
the state presented its direct case,
In detail, Smith described the entry
or ThaW ana Ills party. with the de-
PENDANT was Mrs Evelyn ThaW,
Thomas McCaleb and TruxdsIe Beale.
Mr.. Smith repeated his conversation
with Thaw which began by the latter
saying he could only get three seatS
OH the roof and Intended strolling him.
Mr.. Smiths testimony followed that
given at the first trial almost identi-
cally. Thaw asked him II he was doing
anything In Wall and that certain
stocks were very good. He asked Smith
If he was going abroad In the sum
mer and discussed with him the accom-
modauons on several we'll known
steamers.
''Thaw also asked me II I knew any
members OF his party" said Mr. smith,
"And wanted to know II l remembered n
case In California IN which Truxton
Beale figured with another man and
woman"
The witness described what he saw
of the killing saying he tried 10 get
10 Thaw but q fireman had thrown
his arms about the defendant. Three
shots were fred. The witness did not
know until he had left the garden that
tho victim was his brpther-in-law.
Mr.. Smiths direct testimony was
concluded In half an hour and then
Mr.. Littleton undertook his cross-eX-
animation. The witness said STAN
ford White married his sister but ne
did not see the architect very often.
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