attention on this point—that is, the condition of mind of the defendant on that fateful night—you recall that Mr. Thaw, his wife and two friends were seated at dinner at the Cafe Martin, a place of public entertainment in this city. The time was summer, the evening doubtless was sultry. Tables had been set upon the balcony, the veranda on the outside for the accommodation of those who desired a cooler spot.
"Now, while this party of four were seated at the table, Stanford White, by accident or design, came into the room in which they were seated. He came in through such an entrance that Harry Thaw himself could not see him. After White went out on the veranda on the Fifth avenue side and remained there a considerable time.
"The wife, seeing him, forbore at the time to call her husband's attention to him, and only when he was gone did she call his attention on paper. She wrote upon it, 'The B' (meaning blackguard) 'was there, but has gone out again.'
"As denoting the condition of mind of the defendant at that time, he turned to his wife and said to her, 'Are you all right?' and her answer that she was mastered every emotion he had in that public place and the incident had no further consequence. Now, you will remember that during the afternoon Thaw had procured four tickets for the performance that was to take place that night at the garden. He took with him his party and on the way took along another friend to whom he gave his own seat. He went about with his busy, nervous activity which characterizes him until he found a seat beside the witness Smith.
"He sat by Mr. Smith for half an hour engaging in such idle conversation as so-called men of the world indulge in—men whose minds are not seriously engaged in the serious problems of life.
