The semi-weekly messenger., 1908-01-17

tanned by Court.
New York, January 4--The at
torneys for Harry X. Thaw at his trial
today, began relentlessly to build up
the case of legal insanity which they
have interposed in his behalf as de-
fense for the killing of Stanford White
The two principal witnesses Tor the
day were Professor Charles II. koehler
of Winona, Mimi, who acted as In
structor to Thaw in the Wooster, ONO
University in 1886, and Mrs. Amy Gro
zette of San Mateo, Cal, who attended
today, was a trained nurse at Monte
Carlo in 1897. They both told OF the
youg mans eccentricities and declared
that his manner always was irrational.
DR.. John T. Deemar, of Kittaning, Pa,
ole of the Thaw family AHsicianS.
also was heard as were the attending
physicians of three institutions for the
insane where members of Thaw's FAM
lily on both paternaf and maternal
sides were confined.
District Attorney jerome. byMnexpHc-
tedly invoking the sacred privilege OF
physician and patient, blocked much OF
the testimony as to unsoundness OF
mind in the Thaw family, but the call
ing Of the witnesses and the questions
they were allowed by the court to ans
wer left the desired impression upon
the jury. Mr.. Jerome explained that
the law compelled him to object to
such testimony without an express
waiver from the patient. Even the
nurse who attended Thaw was not al
lowed to testify until Thaw personally
had made a waiver of the confidential
privilege.
There was a half hour delay in the
beginning of trial today Justice Dow
ling having been caught IN subway
blockade
Dr. John T. Deemar of Kittaning Pa
one of the Thaw family physicians
was the first witness called. DR.. Dee
mar testified at the first trial that he
treated Harry Thaw as boy for st.
Vitus dance and measles. He repeated
this testimony today and told also OF
attending members OF the Copelny fam
ily-the mothers branch of the de-
fendant's ancestors.
DR.. Deemar said that Henry w.
Copeley a brother of the elder Mrs.
Thaw, died an imbecile.
DR.. Deemar was asked as to the pre-
sent mental condition and whereabouts
of John Ross a maternal cousin Of the
defendant, but District ATTORNEY Jer-
ONE objected on the ground that the
doctor obtained his information while
acting in a professional capacity and
it would require a waiver from his
patient before he could testify. Justice
Bowling sustained the objection.
On cross examination Mr.. Jerome
drew out the fact that Henry Copeley
while incapacitated for mental work,
was never confined in an asylum.
Dr. William w. s. Butler, Of Roam
oke, Va, former assistant physician at.
the western 1unatic asvlum. StauntOn,
Va, where Horace s. Thaw. a pater-
nal cousin of Harry Thaw, was confin-
ed was the next witness. When DR..
Butler was asked as TO Horace Thaw's
condition up to the time of his death,
District Attorney Jerome again object
ed on the ground of confidential re-
lations and was sustained. The district
attorney also successfully objected TO
the introduction in evidence of the
commitment papers prepared when
Horace Thaw was admitted 20 the asy-
lLm on the ground that they were
hear say.
IT. L. 6. Foster. Of Norfolk, Va.
formerly of the eastern state hospital
for the insane at Williamsburg. Va,
Who're William S. Thav another cous-
- ct tie defendant was con3lcd, was
neAt Gil 'he stand.
III Foster WAS asked To identify tho
record of .ho aevlurn IS 10 tn ad-
Tnit:aDca Of William ILaw and dit so.
When the recorS was offered in evi-
dence Mr.. Jerome objected IN tic
ground that it was not comp ,crt
testimony and wa sustained.
Mr.. Littleton recalled 0r. Oeemar
and succeeded in circumventing t-e
former objections OF the district at
tornev as to the case Of John Ross.
Mt Deemar said he ceased 20 be Ross
phvsician after the latter was confined
in the Hope Institution for the fnahle
minded, where he is still a patienr.
He was allowed TO tel - Ross men
tal condition and declared II unsound,
the symptoms being maniacal.
Charles Koehler, OF WiD"na. N'1n.,
who was a teacher ar Wnos'Ar Univer-
sity. Wooster, Ohio. in 1886 when
Harry Thaw was a student thara vas
asked 10 fell his impression of Thaw
as bov of 16 to II wears ~ ace
Harry Thaw ALWAYS bad n nervous
gait and walked jerkily. "he saidT. HIS
eyes were striking. his complexion