The Washington herald., 1908-01-15
JEROME IMPEDES
INSANITY DEFENSE
Continued from Page One.

rious periods of his life.
The early adjournment was ordered be-
cause certain witnesses upon whom Mr..
Littieton had been depending failed TO
arrive, according to agreement. 1t is ex-
peeted that they VIII all be on hand to-
morrow
The afternoons work however, empha-
sized the conflict that began in the morn
ing as soon as the defense began 20 try
TO show insanity among Thaw's relatives.
Mr. Jerome kept right on invoking the
statute that provides that no physician
or nurse shall testify to facts learned in
their professional capacities unless the
patient affected by the testimony gives
his consent In open court.
DIR. Chase First Witness.
DR.. Robert II. Chase. of Philadelphia.
was the first witness to take the stand
after luncheon. He said he examined
Harriet Alice Thaw in 1904 with reference
to her sanity and that she was suisse
quently committed 70 an insane asylum
in Frankfort Pa, where she still re-
mains.
Mr. Littleton asked the doctor 20 go
into the details OF his examination. Mr.
Jerome was up IN an instant with bis old
objection about confidential COmmunica-
tons from patient to physician Justice
bowling promptly sustained him.
The record of Miss ThaW's commitment
70 the asylum was also barred out
Mr.. Littleton tried 10 get In the testi-
mony BY asking Or. Chase If he based
his opinion Of Miss Thaws condition
wholly upon his examination and with
out reference to anything the patient
said The witness said he based il partly
upon statements Miss Thaw made to him.
Confidential Testimony Barred.
There was little argument on the
point but Justice Bowling finally said:
THE statute absolutely closes the door
unless IL is opened by the consent Of the
patient in open court"
Mrs Amy Grozzett, OF Sars Mateo. Cal.
followed on the witness stand. She is a
trained nurse who has lived much in
France. She testified that In 1897 when
she was following her profession in Monte
Carlo she was called by a physician Of
that gambling center TO take charge OF
Harry Thaw. who was i'll in bed al a
hotel
What was his appearance he first time
YOU saw him?" asked M Llttleton, only
70 be headed of by Mr.. Jerome'a obiec-
ton that this information was confden-
tial under the statute Justice Bowling
held that view. too.
1T is plain" said Mr.. Lttleton. That
the purpose OF the district attorney can
be nothing else than TO provoke the per
sonal waiver Of this defendant
The purpose Of the district attorney. 8"
snapped Mr. Jerome. lis 10 comply with
the rules OF law as he understands them. 20
Thnw VALVES Privileges.
There was brief consultation among
Thaw's attorneys and Mr. Idttleton then
said that the defendant would waive the
privilege If opportunity was allowed
ThereuDon Justice Bowling read the stat
utory question TO Thow. demanding If he
waived his privilege so far as the witness
then on the stand was concerned.
J do replied Thaw almost inaudibly
Mrs. Grozzett was allowed to say that
Thaw looked anaemic that he was nerv-
Gus: that his eyes were wide open and his
movements uncertain. he had high
fever, and was constantly beginning let
teTs which were seldom finished. and
which she destroyed without reading.
Later when he got better. she testified
she saw that he was uncertain on his
feet Once he asked the doctor If he
could go out. and. on being forbidden to
do so. took the first opportunity he had.
vs-Fnre Nr T.F
minutes. and went out. being gone two
hours When he came back she noted
the same symptoms Of nervousness she
had seen the first time she saw him.
Letters Badly Written.
He continued to write letters. but sell
dom finished any OF them. They were
badly written. He impressed her from
the first as irrational
Mr.. Jerome's cross-examinatlon was
confined largely to showing that the
medicines Thaw got from the doctor were
only such as fever patients usually re-
ceiye.
Martin Green, a reporter on a New
York newspaper. a witness for Thaw at
the first trial. was then called He told
the same brief story as on his first ap-
pesrance in the case.
He was present on the Roof Of Madison
Square Garden on the night Of the shoot
ing, and stood about twenty feet away
from Thaw when he killed the architect.
After the shooting he noticed that Thaw' s
face was pale and convulsive. and that
his lower jaw hung loosely. He saw the
defendant wave the pistol, and saw a
fireman take it away from him.
He thought Thaw looked irrational
Thaw's eyes were wild and staring
Green Confronted with own story.
Mr.. Jerome read from the newspaper
that employs Green an article written by
Green the day after the shooting. The
writer said in this article that "Thaw's
face was Ike marble, his eyes cool and
cunning, as he fired the first shot"
The District Attorney called the wit
ness attention to the apparent discrep-
ancy in his description of the appearance
of Thaws eyes.
Il was writing about how Thaw looked
after the first shot" said the witness.
What / testified was how he looked after
the shooting was over"
Mr.. Jerome went OF TO read a passage
from the article which said that after the
shooting Thaw made three-QuarteT
turn quite slowly as If to satisfy himself
that all had witnessed his vengeance. -
Mr. Green said that was how It struck
him. and with that they let the wit
ness go.
Another Reporter Who Saw Tragedy.
Thomas Hanley. the next man up. was
a witness new to the Cass He, too, is
a newspaper reporter He said he had
worked about twelve years at that bust
ness in New York. except about eight
months In Philadelphia.
Hanley was with Green when the shoot
/ ing occurred. He told about the same
story of it that Green had told.