The Birmingham age-herald., 1908-01-15
First Witnesses Testify to h. sanity of Defendant
JEROME BLOCKS EVIDENCE
When Physicians Are Called to the Stand the District Attorney h. vokes Sacred Relation of
 Doctor and Patient.

New York, January 14-The attorneys for Harry K. Thaw, at his trial today, began relentlessly to build up the case of legal insanity which they have in- terposed in his behalf as a defense for the killing of Stanford White. The two principal witnesses of the day were Prof. Charles H. Kohler of Winona, Minn., who acted as instructor to Thaw in the Woos- ter (ohio) university in 1886, and Mrs. Amy Grozette, of San Mateo, Cal, who attended Thaw as a trained nurse at Monte Carlo in 1s97 They both told of the young mans eccentricity and de- clared that his manner always was ira tional.
 Dr. John T. Deemar of Kittanning, Pa, one of the Thaw family physicians, also was heard, as were the attendant physi- clans of three institutions for the insane, where members of the Thaw family on both paternal and maternal sides were confined. District Attorney Jerome, by unexpectedly invoking the sacred provi- sion of the relation of physician and pa tient, blocked much of the testimony as to unsoundness of mind in the Thaw fam fly, but the calling of the witnesses and the questions they were allowed by the court to ask left the desired impression on the jury. MT. Jerome explained that the law compelled him to object to such testimony without an express waiver from the patients. Even the nurse who attended Thaw was not allowed to testify until Thaw personatls. bad made a waiver of the confidential privilege in open court.
 Delay In Beginning.
 There was a delay of half an hour be- ginning the trial today, Justice Bowling having been caught in subway block ade down town. John T. Deemar, one of Thaw's family physicians, was the first witness called to the stand His home is Kittannng. Pa. Dr. Deemar testified he treated Harry Thaw for St. yitus' dance and measles. He repeated this tes- timony today and told also of attending members of the Copley family-the mothers branch of the defendants ante cedents Dr. Deemar said brother of the older Mrs. Thaw turned an imbecile. Dr. w. c. Wagner of Binghamton, N. Y, and pr. Smith Ely Jelliffe, two of the alienists for the defense, were present to- day when court opened.
 pr. Deemar was asked as to the present mental condition and whereabouts of John Ross. a maternal cousin of the defendant, but District Attorney Jerome objected on the ground that the doctor obtained his information while acting in a professional capacity, and 1t would re- quire a waiver from his patient before he could reply. Justice Bowling sustained the objection over the protest of MT. Lit Al .z AA Yx- .t.. mouth of the prosecuting officer to raise such an objection.
 On cross-examination, District Attorney Jerome drew out the fact that Henry Cooley, while incapacitated for mental work, was never confined.
 pr Butler Called.
 Dr. William w. S. Butler of Roanoke, Va, former assistant physician at the Western Lun atic asylum, Staunton, Va, where Horace S. Thaw, a paternal cousin of Harry Thaw was confined, was the next witness.
 When Dr. Butler was asked as to Hor- ace Thsw's condition up to the time of his death District Attorney Jerome ob- jected, and was sustained. The dis trict attorney also objected to the intro ducton in evidence of the commitment papers, prepared when Horace Thaw was admitted to the asylum on the ground that they were hearsay. MT. Litteton took an exception to this ruling.
 Dr. l.. s. Foster of Norfolk, Va, form orly of the Eastern State Hospital for the Insane at Williamsburg, Va. where Will liam s. Thaw, another cousin of the de- fendant was confined, next was called to the stand.
 Dr. Foster was asked to identify the records of the asylum as to the admit tance of William s. Thaw and did so When the record was offered in evidence MT. Jerome objected on the ground that it was incompetent testimony and was sustained.
 MT. Littleton here recalled Dr. Deemar and succeeded in circumventing the form CT objections of the district attorney ds to the case of John Ross. Dr. Deemar said he cease to be Ross physician after the latter had been committed to the Hope institution of feeble minded He was allowed to tell of Ross mental condition. and declared it unsound, the symptoms being manacal.
 Teacher On Stand.
 Charles Koehler of Winona, Minn., who was a teacher at Wooster university Wooster, O., in 1886. when H. K. Thaw was a student there, took the stand and was asked to tell his impressions of Thaw as a boy of Is or r years of age. Dis tIlct Atloiiey Jefohie opJecteu, but tne witness was allowed to proceed.
 Harry Thaw always had nervous gait and walked jerkily,'' he said. His eyes were striking, his complexion an- aemic. His manner in the class room was abstracted and indifferent. His eyes usu- ally had a fixed staring gaze. There was never any warmth fin his eyes-no illum- ination'
 MT. Koehler said he set down many of Thaw's eccentricities in a diary, which was destroyed 10 years ago. Thaw's mind always worked slowly, and he had great difficulty in following any demonstration his mind was irrational.
 Cross-examined by District Attorney Je- rome, Mir Kpeller said 200 boys came under his care at Wooster, and since that time as a teacher he had been thrown in
 
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