New-York tribune., 1907-06-27
LOVING CASE FACTORS.
DRTNK AND INSANITY.
argument OUer AdmisSibiHty OF
Mss Kidd's Testimony.

to-day in trial former Judge Loving. for the
killing of Theodore Estes. the defendant looked
careworn, the result doubt of the severe strain
he underwent yesterday when he took the stand in
his own behalf and heard his daughter repeat the
story of her carriage ride in the company of young
Estes. Seated with the defendant were his son.
w G. Loving. jr Gnd his brother. Major J. T.
Loving of Pulaski
John p. Swanson W. G. Swanson and Henry
Swanson. Of Danville, brothers of Governor Swan
son, had seats on the prosecutions side. Mrs. j. F.
Swanson is sister OF Estes. and her husband is
taking active part in defending the memory OF
the dead man Sheriff John T. Beard, of Amherst
County, who has known Judge Loving Tor many
years. testified as to the defendant being an ex-
cessive drinker and that he had suffered at times
from delirium tremens The witness stated that
the dissipation of Judge Loving had completely
changed his disposition. and that before he started
drinking he pleasant and agreeable. though IN
later years he had become unreasonable ana disa-
grceable.
Sheriff Beard stated that he knew that Judge
Loving continuously drunk for four years
while in Amherst County.
Mr. Bouldln attempted TO get from the witness
statement that Judge Loving had always peeh d
high tempered man and had no federation FOR those
who opposed him. The answers were eVaslVe,
Sheriff Beard asked II he had not favored
Judge Loving when his name was mentioned tof
Congress. The witness replied, No
b r. Harrison, of Amherst formerly lawyer
testified along the line as Sheriff Beard as
to the excessive drinking and the change II haa
made in Loving. The witness declared that Low
ing worshipped mis- daughter. Elizabeth
Dr Charles Lemmers. brain specialist OF
Washington. testified that whskey caused large
percentago of the cases Of insanity hypothetical
question covering the life of Judge Loving MS
dssipations. his trip to an institution for mebri-
ates and his various troubles down 10 the infor-
nation given him by his brOther-tn-law. Harry
Snead. and later his daughters story was pre-
sented to Dr. Emmons. and his opinion was asked
to the status of a man who had undersohe lt!e
experiences outlined Argument on the adInissl-
bty of the question was postponed until the
afternoon session
After the examination of three witnesses by the
defence tending TO prove the insanity OF judge
Loving court adjourned for luncheon at lI'"o
Before all Of the testimony in the case IS con-
cluded (, is expec:@d that the attorneys for the
jury to Nelson County that drive may be taken
the roads travelled by Miss Loving and young
Estes.
NJ X Estes father Of the victim and other
relatives are anxious that this step be taken They
argue that the section being thicky populated
and the roads in plain view OF score or more
OF houses would render II impossible Tor such a
crime charged TO have been committed without
being witnessed by number or persons II th'S
step is taken the trial Will be continued for sew
eraI days longer than It otherwise would
When court convened for the afternoon session
Mr.. BOuldn. for the prosecution. argued against
the admission Of tha hypothetical question Dur
ing this argument the jury retired Tho prosecu-
ton desired that the jury he admonished that the
statements made In the question were not conciu-
sivey established facts for the purpose Of prevent
ing any msapprehension.
The concluding sentence OF the question as orig
inally prepared read
What is your opinion Of the mental condition
and responsibility OF the man at the time OF the
.AootinG?'
The defence at the solicitation of the prosecu-
ton. struck out the words and responsibility.
The jury brought in and DR.. Emnons was
recalled to the stand The reply OF the witness
that Loving was mentally deranged' Or
Emmous explained the cfIcct on the brain tissues
OF excessive drinking In MS opinion 'Ae hct ..
Judge Loving the result OF a diseased mind
What effect viii great stress have ON mind
diseased as this has been described to you
1t produces mental disorders.
The witness stated that ten days ago he made n
physical examination OF Judge Loving at his Office
which he stated In sense. corroborated his op!n-
ton based on the hypothetical question. Witness
then expIa!n-d how his examination was made his
language being mostly technical.
The witness was asked II insanity from alcohol
I'm excess was not permanent His reply was
that deranged from excessive drinking exclusive
ly this
Tie defence rested at 3 o'clock. At the conclusion
OF Dr. Emmons's testimony
The evidence Of Miss KIDD tho nrst witness
called by the prosecution 20 dIsprove Miss LoNinK5
testimony. was objected TO on the ground that IN
sanity the issue. This point was made the
subject Of an argument.
The attorneys for the defence argued that the
prosecution had right TO enter into the truth or
The falslty OF the story told by Miss Loving 70 her
father and as example cited the New YORK
cnse in which District Attorney Jerome was not
allowed to impeach tho testimony OF Evelyn Ihaw,
Daniel Harmon for the prosecution. In reply gave
the first public presentation Of tho sdo OF the case
from the Estes point Of view In an impressive al
dress he declared that Judge Loving had acted IN
haste in shooting down young Estes, and before
the tragedy he could have got all the facts and
Information about tho buggy ride without going
cat OF his way. Continuing he said
rs human life cheap that you or may be
shot down the mere statement OF one indi-
vidual? Judge Loving could have gone to the
home of Mrs Kidd. only block away. and where
his daughter spent the night and have found out
the facts as the relations OF the two families were
very intimate. The physician who made the exam
ination lived a block away from the scene Of tho
shooting but he consulted him. II was
charged that his daughter had been assaulted. He
had ample opportunity or dispelhnS tillS OPINION
if he wanted 10.
And who knows but that he did close his eyes
to real facts? The very spot where the crime is
alleged 10 have been committed was In plain sight
of Iovingstor Tho remaining contents of the
flask OF Nvhiskey alleged TO have been druSgcd were
givc- n man at Lovingstor and IL worked no i'll
effects on him. The buggy ride and what occurred
Is all the light on the to be turned on the
other side? The law is for the protection Of the
citizen A citizen OF this commonwealth has been
shot down What had he done? Should tho jury
not be acquainted with this fact?"
Mr. Moore who responded. quoted numerous
cases whore such evidence had been excluded. and
said that the defendant was entitled the
-ignt as had been accorded IN many other courts.
Mr. Bouldin in replying to Mr. Moore said
The transactions but different scenes ir the
same drama, and the incidents intimately
interwoven that II is but right and proper that all
the facts be known.
The ruling to-mo OF Judge Barksdale on this
I.oiut is deemed most important by the counsel in
the case as the prosecution claims TO have wit
girl witness who told the story of her between
sobS on tho stand yesterday.
cox,rr,rnx parTUrhvc cCopF poT.rrr