Omaha daily bee., 1908-01-14
SURPRISE in THAW CASE
Defense VIII he Along New Lines and
Promises StsrtIinE Tes-
timony.

NEW YORK. Jan. l3-The Thsw trial
moved with rush today. After the state
had presented its direct case and Assistant
Attorney Garvan had characterized the
killing of Stanford White as a premed-
itated. deliberate and cowardly murder"
Martin w. Littleton, for the defense. made
the opening plea for the prisoner His
promise Of new evidence was sensational
and held the supreme attention Of all in
the court room. District Attorney Jerome.
seemingly taken by surprise, seated him
self I'm the witness chair, the better to
hear the outline Of the new defense
Mr. Littletou promised TO forge a chain
OF circumstances and to produce line of
testimony which will prove Harry X Thaw
insane At the time Of the homicide. Evil
dence of hereditary insanity and OF strange,
unusual acts Of Thaw, not even hinted at
during the first trial. was told Of by Mr..
Littleton, who said that physicians and
nurses who had attended Thaw were hurry
ing here from Europe, that teachers of the
defendant in childhood would be on hand
TO give their impressions Of "the' wide
eyed, distant boy" In conclusion, Mr.. Lat
tleton challenged the district attorney to
produce a SINGLE reputable physician who
would say that Thaw was not insane at
the time he killed the noted architect Mr.
Littleton's speech fsidly bristled with sur
prises. He startled the court room by de-
claring that Evelyn Nesbit had told him
her story in Paris in 1903. and Thaw
''drenched himself with poison" and would
have died but for the heoric work OF three
physicians. who iabored over him all of
one night Mr.. Jerome had his surprise to
offer, too. and when Mr. Littleton started
TO launch into the relations OF Stanford
WHITE with the virl rvbov,, T,l,auy
the district attorney was on his feet with
an objection. Justice Dowlng sustained
him and the name of the architect was not
linked again with that of the defendants
wife. Mr.. Littleton touched but lightly
upon the girls story as she told It to
Thaw, but careful as he on this point,
he again drew an objection from the prose-
cutting officer who said:
''Mr. Llttleton is now straying into field
of stuff, which in my opinion will be ex-
cluded."
Again Justice Dowlng sustained the oh
lection.
II was reported a. the beginning of the
trial that Mr.. Jerome would fight this year.
to exclude the testimony Of young Mrs
Thaw. Mr.. IAttleton spared neither Thaw
nor his family in his recital of che defend,
ants life history. During the speech Thaw
sat wide eyed and pallid. looking fixedly at
his counsel. Toward the close he seemed
rather displessed with something that was
said, and, leaping forward. scribbled off a
note. Mr. Littleton's speech was somewhat
dramatic and impassioned at times and was
keenly followed by the jury despite the
rather frequent OBJECTIONS from the states
attorney, despite thb flights Of oratory as
having no opening htatement OF fact
Thaw's ancestry. marked by decided
taints of insanity on both the fathers and
mothers side. according to his chief coun-
sci was drawn with great care. and then
the defendant himself was pictured as ir-
rational. erratic and insane as a boy who
oscillating between brpliance ana darkness
fought unavainngts gatnst the fever Of
insanity which coursed in his blood at birth
"I make no claims for this defendant
above those of the average man as to NOR
ais or virtues" declared Mr.. Littleton.
But I say his life history is enough to
free him from the charge that he was re-
sponsible for his act. Add to his history
the heartbreaking episode OF his love for
the young woman who became his wife and
OF her recital to him of a story which,
flashed to the four quarters of the globe
made all the world that reads stand stlll
and wonder, and shall have no hesitancy
in asking you II you have not a reasonable
doubt as TO whether he was sane the night
OF this deplorable tragedy. And upon that
doubt shall ask you for a verdict of not
g1Iilty