The Birmingham age-herald., 1908-01-14
LlTTLET0N MAKES PLEA
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 - ~--~---~-~-----~-------- that he had but acted as an agent of Providence"
 After his speech, MT. Littleton was asked in what manner he would attempt to prove Thaw sane at the present time, if he offered such an accumulation of evidence as to8 progressive insanity up to the time of the killing
 T can only say that I will cross my bridges as l come to them. A man can't ride two horses going in opposite di rections at the same time he replied The outline of the defense was generally considered as refectng a determination on the part of Thaws attorneys to prove that he was insane in 1906, regardless of all consequences.
 The first evidence for the defense, prob ably of a medical character, will be taken up tomorrow morning.
 MT. Thaw Will Attend.
 Prior to the opening of court today, A. Russell Peabody, attorney for Thaw, stated that no application for a commits sion to go to Pittsburg and take the tes- timony of Mrs. William Thaw would be made as the defendants mother had tel egraphed she would come to New York when needed Mrs. Thaw is still very sick, but the value of her testimony as personal recital rather than in the form of a deposition has led the attorneys to abandon the latter proposition. Thaw was called to the bar promptly al 10 a. m.
 Within the next few minutes Assistant District Attorney Garvan had begun the outline of the prosecution's case to the jury.
 ''The defense in this case" said MT. Garvan. digressing entirely from his ad dress of a year ago lis insanity. The material facts are admitted. Insanity, let me adjure you. is not to be defined by what you or I might think. It is not what physicians or metaphysicians may tell us, or what scientists or pseudo scien- lists may describe. Insanity, as we have to deal with it, has been defined by the legislature of the state of New York. The law says that the only person eX cused 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 defini- ton and this definition of the law alone, I ask you to judge of all the acts of this defendant the night of June 25, 1906, when he shot and killed Stanford White on the roof of the Madison Square gar- den"
 Smiths Testimony.
 MT. Garvan dwelt at length upon the conversation Thaw had on the roof garden with James Clinch Smith, a brother-in- law of Stanford White. The conversa- tion, he declared, was entirely sane, and was indulged in just few minutes be- fore the killing Eight subjects, from Wall street to ocean travel, were dis cussed-all in normal way.
 Mrs. Evelyn Thaw listened to the as- sistant prosecutors description of the ac- tual 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 rested upon his right hand.
 After describing the shooting of White, MT. Garvan declared in conclusion that judged by any test, the prosecution be- lieved the homicide could only be ex- plained as "a premeditated, deliberate and cowardly murder
 Walker H. Vo1kening. a draughtsman, was the first witness called His diagram of the scence of the killing. which the prosecution used throughout the first trial, was introduced in evidence today year ago this witness was not cross examined. Today MT. Lttleton, for the defense, questioned him at length as to all the physical details of Madison Square !, garden at the time he made the drawing 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.
 Witnesses Excluded.
 Immediately after the first witness had concluded his testimony, all witnesses ex- cept medical experts were excluded
 As the second witness of the prosecu- ton, MT. Garvan examined James Clinch Smith, who last year testified in rebuttal, having been abroad when the state pre- sented it's direct case.
 In great detail Smith described the entry of Thaw and his party. With the defend- ent was Mrs. Evelyn Thaw, Thomas Me Caleb, and Truxton Bea1e. Mr Smith re- peated his conversation with Thaw which began by the latter, saying he could only get three seats on the roof and intended strolling by himself.
 MT. Smiths testimony followed that given at the first trial almost identically Thaw asked him if he was doing anything in Wall street and said he thought certain stocks were very good. He asked Smith if he was going abroad in the summer and discussed with him the accommoda- tions on several wel-known steamers.
 ''Thaw alaso asked me if knew any of the members of his party" said Mr. Smith, and wanted to know if I re- membered a case in California in which Truxton Beale figured with another man and two women."
 "Thaw also asked me if knew any of the killing, saying he tried to get to Thaw, but a fireman had thrown his arms about the defendant Three shots were fired. The witness did not know