The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-07-02

Prosecution Rests Case at Close of
Examination.
Houston, Va, June 27.-The taking
of Testimony in the case of former
Judge William c.. Loving, who was
placed on trial here last Monday for
the murder of Theodore Estes in Mel
son county on April 22, was concluded
at 3 o'clock this afternoon. The court
adjourned until 10 O'Clock tomorrow
morning when the instructions to the
jury will be argued before Judge Banks
dale.
The rapidity with which the trial
has progressed has been most surpris-
ing to all concerned.
Today marked a most important
turning in the case, when judge
BarhsdaIe rendered an opinion in the
case concerning the admissibility of
certain evidence, tile decision deal
ing Il heavy blow to the prosecution.
Yesterday Attorney Daniel Harmon,
for the prosecution announced his in
tentiOn to call witnesses to show that
the story told by Miss Elizabeth Low
ing to her father that she was drug
ged and assaulted by Theodore Estes
was a fabrication and that Estes new
er offered an indignity to the girl, eV-
Ell suggesting that there might be an
other motive back % the killing. The
defense objected on the ground that
since the testimony had no bearing on
the case and whether true Or false
had nothing to do with the question
of Judge LOving's state OF mind at the
time of the tragedy.
Judge Barksdale in Il lengthy Opin-
ion today sustained the contention Of
the defense, and among the cases he
cited as ~precedents was ThaW trial
in New York.
After the opinion of Nudge Barks-
dale rendered the prosecution began
the examination of a number of wit
nesses in rebuttal Of the evidence in
trOauced by the defense that Loving
was insane at the time of the shoot
ing.
During the morning 7 witnesses were
examined. Most of these reside in
Amherst and Nelson counties and have
. known Judge Loving for many years,
The trend of their testimony was that
they had never heard of the insanity
OF Judge Loving discussed before this
trial and they had always regarded
him as a sane man, with a mind supe-
riOr to the ordinary. Several further
declared that the defendant was q
high tempered man, was intolerant OF
the opinions of those who opposed him
Tt also was testified that Judge Low,
ing was an excellent hunter, a gOoC
shot, had served with honor as judge
and had charge of large estates.
Recess was taken from II O'Clock
until 4 o'clock to give the prosecution
time to prepare a hypothetical ques'
ton to PROFOUND an eexrt on insani
tyr. J. S. Dajarnette, of the Yves
tern state hospital of Staunton. Thi:
question was similar to the n asked
DR.. Emmons, of Washington, yester
day by the defense, 1t reviewed thu
life and experiences of Judge Loving
his marriage, separation from hi!
wife, his struggles against the whis
key habit, his trip to an institute TO
the cure of the habit. the account o
the swy told him by his daughter
the killing Of young Estes and his ap
pearance and action after the tragedy
There was some variations to tn
questions. the defense taking a NOR
serious view of his appearance afte
the shooting.
In reply to the question what eff
feet do you think such experienc
would nave On the mind of this man
D%ejarnette said:
81 think he would be very angr
from the prOvocation that he though
his daughter had been ruined by tn
young man referred to, but not IL
sane"
DR.. Dejarnette testified that durin
his connection with the Western Stat
hospital he had under his care 4,5C
patieRts suffering from diseases OF tn
brain. He was closely examined b
counsel for both sides,
Mr.. Lee, tor the ue1eHSe, Coucueo y
numerous diseases, tneir cause and e
feet.
DR.. Dejarnette testified as to the 9
feet of alcoholism on the BRAIN, tt
effect OF insanity on the nerves an
tissues, the temporary and permanel
results from delirium tremens,, the e
feet Of stress and strain on the min
how sudden joy. excitement, horro
disappointment, grief. etc.. could e