New-York tribune., 1908-01-14
WHITE KILLING RET0LD
THAW WITNESSES TO-DAY.
Coming by Land and Sea to Testify
to Prisoners Queer Life.

ANAN~N
ting for and against the life of Harry K Thaw
fairly aligned against each other. The prosecu-
ton rested it's case in the middle OF the AFTER
and after a brief recess the defence opened
The first witness for the defence will be called
this morning, and from on medical testimony
and phrases will be as thick barb wire fences
at Port Arthur.
Two physicians and a on the sea on
their way New York from Europe to testify to
Thaw's eccentricities abroad and the physicians
who attended the members OF the defendants fam
lily who weak minded or insane will be pres
ent. too. In addition, his mother who mas oeeh
suffering for months with rheumatism ana hear'
disease will be here next week to testify, and
teacher who had charge of him in his early youth
will tell of his peculiar mental characteristics at
that time.
The defence as outlined by Mr. Lttleton. will
tell how when Thaw was born he could not sleep
but stayed for hours open-eyeG and on the verge
of convulsions. He did not learn to talk until ne
than six years old. At that age he was
placed under the of special teacher VINO
in two years had taught him TO use intelfgiole
speech. In this first eight years OF his lie ne
had brain fever, then became cross-eyed, and
when about five years old. afflicted with ST
Vitus's dance He could not remain at school be-
cause of his overstrung nerves, and was unable 10
remain in college for the same reason
Backward imbeciie in some things the oe-
fence will contend that he equally precocious
in others. He is accredited by Mr. Littleton with
unusually retentve memory, trait "hlch
marks many imbeces. After his college expert
ences he went abroad. and broke down IN Rome
in Monte Carlo. Paris and elsewhere
TRIED TO KILL HIMSELF.
Some of those who attended him then Will
testify at this trial Testimony to snow that he
attempted to commit suicide in Paris and that
just prior the shooting Of Stanford White MS
actions on a train from Chicago to New YORK
caused the train crew to summon a physician VIA
be introduced. This previous history and the al
legged effect of Evelyn Thaws story supposed 10
10T a
what the defence leans upon to estapiish insanity a
the time of the shooting
Mr.. Caravans opening took about twenty ililhu'es
differing from the opening at the hrst trlal Only
in that il included the story to be told by stan
ford Whites brotherin-law, James Clhch STINT
one of the chief witnesses for the prosecution Al
the roof garden prior to the shooting IhaW tdiheu
intelligently eight different subjects Nher MI
Jfttleton's turn cross-examine the witness caie
ne tried unsuccessfuly to confuse him on shght
details and then surans the astounding theory
that when Thaw wa stalking to MI smith ne
thought he talking TO some one else MI
| Carvan. for Mr.. Jerome was suffering from SC
we're cold summoned only three other witnesses
in his presentation Of the case-a draugntshlah'
the engineer of thu Madison Square Garone
and the medical examiner who performed the du-
topsy This established the killing OF MT "hite
and was sufficient to show for the present ina"
alleged sanity. In opening the case Tor tne proSe
cution Mr.. Garvan said:
THE defence of the prisoner is insanity Inc ma
terfal facts admitted by his counsel "na'
does insanity mean? Not one of the sclentis1s give
the definition given by the state The state says
that the only insanity which excuses crime Is When
tho defendant does not know the nature or the
quality of the crime. The defendant says that ne
did not know that-he shooting Stanford "hlte'
or that it was wrong If he did. he IS sane. IL ne
did he is insane
Mr. Garvan then impressed the jury with us re-
sponsibility and after rehearsng the movements OF
Stanford White the night he was shot forecast
the testimony of James CInch Smith. Smith, he
said asked Thaw sit beside him, and Thaw re-
piled NO. 1 going to stroll He wanted the
Jury to remember the word stroll" and referred
to II several times.
SMITH TELLS OF TRAGEDY
The story of the tragedy, told many times, was
repeated by Mr.. Garvan, who then called walter IL
! VoIkenfng the craftsman employed by the Dis
trict Attorney TO make plan of the roof garden
He identified the chart he made and after rather
extensive ross-examination by Mr.. Littleton on
the electric lights and other decorations, gave way
/ to Mr.. Smith. Before he went on the stand the
court excluded all the witnesses but the medical
ones from the courtroom Mr.. Smiths chief testi-
| rnony was of the conversation he had with ThaWV
lust before the shooting His story followed al
most word for word that which he told in rebutta
at the first trial. Thaw came to the Garden with
/ Thomas McCaeb Truxton Beale and Mrs Thaw
After seeing them seated he walked down the aisle
:
vacant seat.
/ Funny. isn't it," he asked ~ could get only
! these three seats"
At first he said he was only going to stroll about;
then seeing the vacant seat, he said. IF you don
mind ! will sit down beside you He offered the
witness a cigar and then as Mr. Smith did not
/ care for a cigar gave him cigarette Thaw then
asked what the witness doing in Wall Street
! Conversation turned for few minutes to stocks
and business and then there was some conversa-
Z -I,a hast u-aI m ira n
/ topic was followed by the 'buxom brunette con-
yersation in which it is alleged that Thaw offered
to introduce Smith to nice girl who would be
glad to meet you" An inquiry about the wit
ness's acquaintance with Truxton Beale led Thaw
! to this half finished question
/ DO YOU remember an occurrence which took
place several years ago, two men and Il woman or
two wOmen-oh, well. never mind, you would not
remember it: you're too young.
Mr. Smith says he replied that he was not as
Young as he looked. and when Thav hazarded a
guess of about thirty-two years the witness said
that he was time past his fortieth BIRTHDAY
Thaw then walked away, strocd about hir, Mr.
Smith losing sight of him after while until
he heard the shots fired. He then described the
scenes following the shooting and was turned over
to Mr. Littleton for cross-examinatio7-
! Mr. I.ittIeton made much of the knowledge o.
tho witness about the exact arrangement OF the
garden roof but could not trip him up Then he
had him repeat his conversation with Thaw and
tell in detail how he had watched every movement
mn IN the time lust before the shooting. Mr. Smith
said that ,rhaw in his wanderngs kept his eyes To-
cussed on the place where ne subsequently learned
MFR White had sat This statement he admitted
was based in part conclusions formed after his
observations and the later developments OF the
evening After the shooting he went over to the
hodv but did not recognize it, it lay face down
! and a table toth was thrown ii as he came
up,