Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-01-15

New York Jan. 1.-THE attorneys
for Harry X. Thaw at his trial today,
began relentlessly to build up the case
of legal insanity, which they have II
terposed in his behalf as defence
for the killing Stanford White. The
two principal witnesses of the Gay were
Prof. Charles f. Koehler of Windna.
Mimi, who acted as instructor to Thaw
in the Wooster, Ohio, University in
1886, and Mrs. Amin Gozelle, of San
Mateo, Cal. who attended Thaw as Il
trained nurse at Monte Carlo, in 1897.
They both told of the young mans
eccentricities and declared that his
manner always was Irrational
DR. John T. Deemar OF kittaning.
Pa, one Of the Thaw family physicians.
also was heard. as were the attending
physicians of three institutions for the
insane. where members Of Thaw's fami-
". on Maternal and maternal sides. were
confined.
District Attorney Jerome. by uneX-
pectedly invoking the sacred privileges
of physician and patient, blocked such
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
answer, left the desired impression up
on the jury Mr.. 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 al
lowed to testify until Thaw personally
had made a waiver of the confidential
privileges in open court.
New York, Jan. 14.-There was 4 de-
lay of half an hour in beginning the
Thaw trial Tuesday. Justice bowling
having been caught in subway block
ade on the way down town DR.. John
4. Demar, one of the Thaw family ply
sicians, was the first witness called.
His home is at Kittaning, Pa. DR..
Demar testified at the first trial that
he treated Harry Thaw as a boy for
ST. Vitus' dance and measles. He re-
peatcd this testimony Tuesday and
told also of attending members of the
Copley famiiy-the mothers branch of
the defendants antecedents. DR.. Demar
said that Henry w. Copley. a brother
of the old Mrs. Thaw, died an imbecile.
DR.. Charles G. Wagner of Bingham
ton, n. Y, and DR.. Smith Ely Jelliffe,
two of the alienists for the defence,
We're present Tuesday when court
opened.
DR. Demar was asked as to the pres
ent mental condition and whereabouts
of John Ross, a maternal cousin of the
defendant, but District Attorney Jer-
ONE blocked the testimony on the
ground that the doctor obtained his in
formation while acting in a profession
al capacity. Justice Bowling sustained
the objection over the protest of Mr.
Littleton of the defence, who declared
it did not lie in the mouth Of the pros
! ecuting officer to raise such an obJec-
ton.
| On cross examination Mr.. Jerome
drew out the fact that Henry Copley
while incapacitated for mental work
was never confined.
Dr. William W. Butler of Roanoke
| Va, former assistant physician at the
Western Lunatis asylum. Staunton
Va, where Horace S. Thaw. pater-
nal cousin Of Harry Thaw. was con-
| fined. was the next witness.
When DIR. Butler was asked as t
| Horace Thaw's condition up to the
| time Of his death Mr.. Jerome again OBJ
| jectcd on the ground of confidential re-
| lation between physician and patient
| and was sustained. He also success
| fully objected to the introduction rs
| evidence OF commitment papers pre-.