The Mena weekly star., 1908-01-16
PROVING THAN INSANE
Physicians Tell of Attending Men, tally Defective Relatives of De-
 fendant in Times Past.
MR. JEROME MAKES MANY OBJECTIONS
The District Attorney Succeeded in Blocking Some of the Intended Testi mony-A Former Teacher of Thaw Tells of Observations of Defendant as a School Boy.

New York, Jan. 15.-The defense be- gan the presentation of its case at the trial of Harry K. Thaw Tuesday. Phy. sicians who had attended the insane members of the defendants family were called upon, but by invoking the rule of confidential relations between doctor and patient, District Attorney Jerome succeeded in blocking some of the intended testimony. One witness was former teacher of Ihaw at Wooster university, who declared the boys conduct so long ago as 1886 was irrational.
 There was a delay of half an hour beginning the trial Tuesday, Justice Bowling having been caught in sub way blockade down town. John T. Deemar, Thaw family physician. was the first witness called to the stand. His home is at Kittaning, Pa. Dr. Deemar testified he treated Harry Thaw for St. Vitus dance and measles. He repeated this testimony and told also of having attended members of the Copley family, the mothers branch of the defendants antecedents. Dr. Deemar said a brother of the older Mrs. Thaw turned an imbecile.
 Dr. Deemer was asked as to the present mental condition and where abouts of John Ross. paternal cousin of the defendant, but District Attor- ney Jerome objected on the grounds that the doctor obtained his informa- tion while acting in a professional capacity and 1t would require waiver from his client before he could testify. Justice Bowling sustained the objec- tion over the protest of MT. Littleton, who declared it did not lie In the mouth of the prosecuting officer to raise such an objection. On cross examination, Attorney Jerome drew out the fact that Henry Copley, while incapacitated for mental work, was never confined.
 Dr. William s. uBtler of Roanoke, Va, former assistant physician at the | Western Lunatic Asylum, Stanton, Va, where Horace s. Thaw, paternal cousin of Harry Thaw was confined, was the next witness. When he was asked as to Horace Thaw's condition l up to the time of his death, Jerome again objected and was sustained. The district attorney also successfully ob- | jected to the introduction in evidence of the commitment papers prepared when Horace Thaw was admitted to the asylum on the ground that 1t was hearsay. Mir. Littleton took an ex- ception to this ruling.
 Dr. L. S. Foster, of Norfolk, Va, formerly Of the Eastern state hospital for the insane at Williamsburg, Va, where William s. Thaw, another cousin of the defendant, was confined. next was called to the stand. Dr. Foster was asked to Identify the rec ords of the asylum as to the admit tace of William S. Thaw, and did so. When the record was offered in eyi- dence, Mir. Jerome objected on the ground that 1t was incompetent testi- mony and was sustained.
 MT. Littleton here recaned Dr. Deemer and succeeded in circumvent- Ing the former objections of the dis trict attorney as to the case of John Ross. Dr. Deemer said he ceased to be Ross physician after the latter had been committed to the Hope institu- tion for feeble minded. He was al- lowed to tell of Ross mental condi- tion and declared 1t unsound, the symptoms being maniacal.
 Charles Koehler, of Winona. Ohio. who was teacher at Wooster uni versity, Wooster. Ohio, in 1886. when Harry Thaw was student there, took the stand and was asked to tell his impressions of Thaw as boy of 16 or IT years of age. Jerome objected. but the witness was allowed to pro- ceed. Harry Thaw always had nerv- nns gait and walked ierkily. he said.