Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-06-27
In the Loving Trial for
Murder at Houston, Va.
Will Attempt TO In
peach Daughters Testimony.
Spirited Argument on Point Of Evi.
denee---RuIing Today.

Houston, Va, June 2G.-Interest in
the trial Of Judge Loving charged
with the murder of young Theodore
Estes Jagged somewhat today. The
features We're the closing Of the case
TT the defence after the examination
oi tiree witnesses for the purpose of
proving that Judge Loving was in
sane at the time Of killing Young Es-
les. and the first presentation by the
attorneys for the prosecution of what
they intend to prove if certain wit
n"SSes arc allowed to testify. The plea
OF the defence is that the mind Of
Judge Loving after years Of dissipa-
ton, which frequently caused him to
nave Lrlirium tremens from excessive
drinking Of Whiskcy, became 50 i'm
paired that when he heard the story
of his daughter. Miss Elizabeth Low
ing. that she had been drugged and as
%aultcd, he became dcranged and vas
not responsible for his act in killing
Estes.
Counsel for the defence hope through
me plea Of emotional insanity, to pre-
vent any attempt to impeach the
statement "t Miss Loving The prose-
cutiDn presented as their first witness
Miss Anna Kidd who they saw win
dlSprovc the statement OF Miss Loving
This was immediately objected to and
the jury retired, after which 4 lengthy
legal discussion was gone into. The de-
l"n"e argued that the prosecution had
n" right to enter into the truth or the
lal~lty Of tn" story ana as an example
cited the New York case in which Dis
trict Attorney Jerome was not allowed
- lEiueach the testimony of Eyeryn
lha~. Attorney Daniel Harmon, for
me prosecution, i'll reply, gave the first
pul lie presentation of the side Of the
cas-" from the Estes viewpoint. In an
impressive address, he said:
us human life So cheap that you or
| may be shot down on the mere state
m@ht of one individual? Judge Loving
could have gone To the home Of Mrs.
KIDD only 4 block away, ana where
his daughter spcn1 the night ana have
found out the facts, as relations Of the
two families were very intimate. The |
physician who made the examination
lived q block away from the scene of |
lie shooting, but he never consulted |
aim. 1t was charged that his daugh- |
.er had been assaulted. He had ample |
of dispelling this opinion |
t he wanted to.
and VINO knows but that he did |
lose his eyes to the real facts. The |
very spot where the crime is alleged |
% have been committed was in plain |
sight Of L"Vingston The remaining |
'nntcnts Of the flask Of Whiskcy alleged |
e have been dragged was given a man |
1t IoVingSton and it worked no i'll |
fleets on him. The buggy ride and |
y nat occurred on that ride was the !!
source OF all the trouble Is all the |
light on the case to be turned IN the |
pth"r side? The Law is FIR the protcc- |
Ii !" .f III" CitI.,n. i citi| u VI this |
had been shot down. |
What hud hc done? Should the jury |
not be acquainted with this fact?"
Attorney Moore, who RESPONDED, |
1t.utcd numerous cases where such ev-
iCrncc hal been excluded and said that
the defendant should nave the same
ri-ht.
Attorney Enuldin i'm replying to Mr..
Moore, said: THE transaction are but
different scenes in the same drama
ana the incidents are 50 Intimately
interviewer that it is but right and
proper that nj the facts bn Known"
The lulin. tomorrow Of Judge Banks
dale on this point is deemed most i'm
pcrtant 10y the counsel in the c:;:;'.