Show PREMEDITATED TEU Ass Dist Atty Aty Garvan Tells r us Thaw Jury Killing of White Will Wil be so Explained r DEFENDANTS WIFE PRESENT Listened d to Discussion sion of Details Of Tragedy on Roof Garden With Dramatic Features Xo o Motion 10 Witnesses Jus C SmIth Whites Law yI Was Vas Second Witness New N w York Jan Jai 13 Before the opening of ot today A Runnel nU lel Pea Tea Peabody body od attorney for Thaw stated that un Ott In application tor for a commission to go goto goto goto to and Ind take the testimony of or Mrs William Iam Thaw would woula bo bG as ns the defendants mother had lois tele telegraphed graphed she sho would woul come conic to Now New Yolk Y lk when needed Mrs Thaw I is still stU very v 6 sick sic It but the Cite value talus of her testimony nr as aa a I personal recital rectal rather than u in inthe inthe the form torin of a u deposition has hns led the attorneys to abandon tho the hatter ion Lon Thaw was called to the bar prompt promptly ly I at 10 a 1 in m within tim the next law lew Ie minutes ASI baa hau hoa begun tho the outline or ot the case case The rho defense In this case said Mr I Garvan Is II insanity The Tho ho material facts are lre admitted i Insanity let lot mo mime you ou Is not to bo be denned as what you 01 or 1 might think It 1 Is la not n t what physicians or metaphysicians may Indy toll tell tellus tollus enus us or what scientists or pseudo scientists Ish may mi describe e Insanity In as a wo vo 0 have havo to deal dil with It has baa hil been bren defined lcd by b tho thu legislature ot of New Ne York TIme Tha law Is wiser wiler than we me ate We must obey oboy it I and live under unde the law I hat law lawas says that the tho only olly person excused from front criminal responsibility Is ho he who h hIR Is IR so s deficient of reason that h doc not know kIo the nature or 01 quality ot of othis hut his act that tat tho the act is I wrong With this definition maId and this thin definition atone Alarm of ot the tho law I ask you to Judge ot of all 1 the acts of thIs thle 1118 defendant on the tho night of June 25 2 1006 1906 which Is tho the night on which he killed Stanford White Whits Mr Garvan dwelt at length upon j the tho conversation had had on the roof r t gar garden ar arden j den de n with Jamea Jame Clinch ChInch Smith a broth of Stanford White The Tha con conversation I he declared was ivus 01 entirely j italic cane 11 and wan wait Indulged In Just a few lew i moments before the killing Eight sub subjects lub from front Wall street to tn Ocean Trav Travel Tr el ci elvere were discussed d all ul in a normal way wa Mm Mrs 7 Evelyn E lyn Thaw listened to tl the thol as us assistant prosecutors discussion ot tha Iro tUa actual details of ot tho with jIU tenna drawn dmn features Thaw i a broth brother er Cr and and Mrs lr George Geore Carnegie tIme the hi ler ter completed the usual family group Thaw sat fat et with wih eyes yes fixed uon upon tho th prosecutor lila his head hend rested upon u n hil his right hand After describing the tho killing of ot Mr i Garvan declared In conclusion that Judged by any court the thc prosecution n believed tha tho tb homicide could ba be ex cx explained as a premeditated deliberate and cowardly murder murdel FIRST WITNESS W H u I a n draftsman was n tim the first witness called His diagram ot of the scene of at o time tho killing kUln which the prose prosecution prosecution cution cuton used through tho tile first trial tria wits Introduced In evidence today A year z ago this witness wines was WS not Today Toda Mr Littleton for tor the tho 4 defense questioned him bini at Jen length th as to UI imil tho time physical h details of Madison Square Garden at tIme the time of ot UIe draw drawIng Ing No motion moton to exclude witnesses le was wan wa made madu today toy toda mend and II young yOli Mrs Thaw and ard tho the other othel members of or the tho defendants I 1 h listened to the tho evidence for tor thu th diet time line 1 Immediately after the first rat witness had concluded hit hie hi testimony all al wit witnesses I nesses except n experts were ex cx excluded eluded elude Dr John T the tho Thaw Taw family physician was In the tle courtroom mind and will wU be b one ona ot of the Ort witnesses s tot tor to tho thia defense deCono t m WITNESS CLYNCH SMITH As a second s ot or tho time e cuton Mr Garvan examined Jaine Jame Clinch who lust year yent 1 1 In rebuttal bu been u when tho thu state presented Its It direct case CM In Imi 11 detail Smith described the entry ot of Thaw and his bin party With tho the de tic defendant le fondant wits WI Mrs Evelyn Eoln Thaw That Thomas McCalob maid Bottle III Mr Smith repeated repeaLed his hla conversation n W with wih Thaw which began by y the tha latter r Haying flaying ho lie could only oily got gat Jot three I t 1 on tho the roof root and Intended strolling him him 1 Mr Smiths followed that that given at the tha JI t trial til almost Identically 1 cally cl Thaw naked him if it h he was wai Wl doing anything In Wait Vall and ud that bitt tha certain stocks were nero very r rood good Kod Ho lIe le asked Biked SmIth if 1 he lie was wait wal going abroad In the um sum j mar mer anti and dIscussed with him the 1 on well known l l Thaw also asked m tuft ins If It I know any an of his liln party said Mr Smith and nd nl w wanted ite l to tl know It if I r Jred n a I aea caw ea In iti CalifornIa In imi which Truxton Dale Beal figured with another man mM and woman aim The Tho witness 11 II os II described what ho lie saw of at this the ha hum tried to lQ get set getto setto getto to Thaw but n me lied hAd thrown his Ills arms arias about the defendant o shots were tired fired Thu T o w Urn a a 9 did not know until ha hud left luft the garden that time tho victim was IlS hili iii Mr Mi Smiths direct t won concluded In half hair an aim hour and titan Mr Littleton undertook lila his crollS J His Tho be witness said ford While hIte married hili hut but ito lio II did IUd not see sou the architect very en ofton |