Evening star., 1908-01-13
THAW CASE BEGINS
IN EARNEST TODAY
Prosecution MarshaIs Its
Forces for Battle.
BRIEF OPENING FOR PEOPLE
James Clinch Smith Is It's Main
Witness.
DEFENDANTS FAMILY THERE
Evelyn Nesbit Looks Pale and
Drawn as Story of the Shoot
ing Is Told.
EFENDANTS FAMILY THERE


who had drawn a diagram Of Madison
Square Roof Garden, where the tragedy
occurred, and then James Clinch Smith,
Whites brother in law, who was on the
roof garden on the night OF the shooting.
and who talked with Thaw just before
the killing. The testimony and the cross
examination of Mr.. Smith took up all Of
the morning session, and 1t was apparent
that Mr.. Littleton, Of the defense, would
not be through with him until well along
in the afternoon. At recess he had taken
I'D more than twice as much time with
Mr. Smith as did Mr.. Delmas at the last
trial.
The opening address of Mr.. Garvan was
a calm matter-of-fact setting forth of
the circumstances of the shooting. the
definition of insanity as an excuse under
the law for the commission OF crime
and the declaration for the prosecution
that the act OF Thaw was a 'oremedi-
tate0, deliberate and cowardly murder" !"
He asked that Thaw be found guilty Of
murder In the first degree.
Examination Searching.
1t was evident before the first witness.
the architect, had been on the stand a
very few minutes that Mr.. Littleton was
to conduct a minute examination of all
the witness. He questioned the man in
the chair about everything on the roof
garden. and finally objected to the dia-
gram as presented, because 1t was not
a correct one of the roof garden as 1t
was on the night Of the shooting.
In. calling Mr.. Smith as the next wit
neSadr. Jerome departed from the order
of Gaining witnesses at the le trial. Then
Whites son was the first to take the
stand for the prosecution. The object Of
the district attorney in getting Smiths
evidence in at the very start OF the trial
was apparent. He wanted to make as a
first impression on the jury his conten-
tion that Thaw was in a rational mood
and in q calm state Of mind Immediately
before the shooting.
Plans Of Prosecution.
With an address that did not last moro
than twenty minutes Assistant District
Attorney Garvan opened the Thaw case
In earnest this morning.
It is probable that the people will call
James Clinch Smith, Whites brother-in-
law, on its direct case this time. During
the last trial Smiths testimony was not
put in until very late In the trial. but this
was explained by District Attorney Je-
rome as due to the fact that Mr. Smith
was In Europe. and he was put on the
stand as soon as he reached New York.
Mr.. Smith visited the roof garden on the
OfW ne tho hon ftyo md ho1 low
versation with Thaw just few minutes
before he killed White. On the former trial
he testified that Thaw at the time showed
no signs of mental arrangement but talk
ed lucidiy and coherently: Mr.. Jerome con-
siders him one of his best witnesses in the
attempt to show that Thaw was In his
right mind on the night of the shooting.
Lawrence White. Stanford Whites
young son. also will be witness, telling
Of his fathers movements on the night he
was killed. prior to the time he went to
the roof garden. The other witnesses will
be either eye-witnesses Of the shooting or
those who saw Thaw Immediately after it
occurred.
Defense Of Insanity.
Prior to the opening Of court today A.
Russell Peabody. attorney for Thaw.
stated that no application for a commits
sion to 60 to Pittsburg and take the
testimony OF Mrs. William Thaw would
be made, as the defendants mother had
telegraphed 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 a deposition, has led the attor-
neys to abandon the latter proposition.
Thaw was called to the bar promptly at
10 o'clock.
Within the next few minutes Assist
and District Attorney Garvan had begun
n DYrfl lino ~
the jury.
THE defense in this case" said Mr..
Garvan, depressing entirely from his ad-
dress OF year ago. lis insanity. The
material facts are admitted. Insanity
let me adjure you. Is not to be defined
by what you or might think. It is not
what physicians or metaphysicians NAV
tell us. or what scientists or pseudo
scientists may describe. Insanity, as we
have to deal with II, has been defined
York. The lazy 10 wiser than we are
We are sworn to obey 1t and to live under
1t. That 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 or quality Of
his act or that the act is wrong. With
this definition. and this definition of the
law alone. I ask you to judge of all the
acts of this defendant the night Of June
Is, 1906 when he shot and killed Stan
AOi0 w hilC VA tlSC AOOA VI n0OlSOu SQudrc
Garden
Thaw Family Present.
Mr.. Garvan dwelt at length upon the
conversation Thaw had on the roof gar
den with James Clinch Smith. q brother
in-law of Stanford White. The conversa-
ton, he declared, was entirely sane, and
was INDUCED in just few moments be-
fore the killing. Eight subjects, from
Wall street to ocean travel, we're dis
cussed-an In q normal way.
Mrs. Evelyn Thaw listened to the as
sistant prosecutors description of the
actual details OF the tragedy with tense.
drawn features. Josiah Thaw. the
brother. and Mrs. George L. Carnegie.
the sister. completed the usual family
group. Thaw sat with eyes fixed upon
the prosecutor. his head resting upon his
right hand.
After describing the shooting Of White
Mr. Garvan declared in conclusion that,
judged by any test. the prosecution be-
iieved the homicide could only be explain
ed as "a premeditated, deliberate and cow
ardly murder"
Walker II. Volkening. a draughtsman