Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-06-27
TBELovING TRIAL.

stand two witnesses, who testified as to
the habits Of Judge Loving and bis ex-
cessive drinking.
The first was Sheriff John P. Beard,
OF Amherst, who sad he had known the
accused since his birth, and that be
was present when Loving was admitted
to the bar, twenty-six years ago, and
that he had the brightest prospects of
any man in the country. Soon afte
going to the bar he was elected to the
general assembly, and began to drink
excessively. The witness said that the
accused had been on spree for four
consecutive years, never being from under
the influence of liquor, and that he re-
pestedly suffered from delirium tremens.
SO fast did he 20 down and unfit him
self for business, that he would not coL-
suit him for advice and would not ask
him to prepare legal papers. "The
character of the man after he had be-
gun to drink was wholly changed, -
said the witness. "While sober, Judge
Loving was an agreeable and amiable
man, but under liquor he was cross, irri-
table, dissgreesble, and quarrelsome.
He was never afraid of anything or any
body. Because of his habits his home
and his belongings had been sold
out by the sheriff in execution Of decree
OF court to satisfy the creditors of the
accused. Eater Jqdge Loving bad gone
to his old home and his wife returned to
her home. Then he had taken the Kee-
ley cure and since that time had done
very little drinking, having been under
the influence of liquor but twice in re-
cent years."
Beverley r. Harrison, ofAmberst, told
the same story as did the preceding wit
ness, saying tast he had on several occa-
sions sat up with Judge Loving when he
was on debsuehes.
Dr. Charles NJ. Emmons, of Washing
ton, formerly of Hammond Sanatorium,
New York, was called as an expert, and
for an hour ard half the witness was
on the stand. His direct testimony was
in response to the hypothetical question
propounded by the defense, which re-
viewed life, habits, and character, the
crime, and the cause thereof, with which
Loving is charged. Asked as TO the
condition of the mind OF man under
the circumstances, when told tina. his
daughter, the object of his affections and
admiration, had been subjected to
indignities and had been brought home
insensible from drink, witness said that,
in his opinion, the accused was insane,
Witness said that he had been eugag-
ed in the practice OF his profession for
more than twelve years, and in that time
had devoted himself to diseases of the
brain aud nervous troubles. Replying
to question as to the effects of alcohol
on the nervous system, he said that a
great many cases of insanity were due to
alcoholism. He technically described
the effect of alcohol on the brain, say
ing that man with delirium tremens
would never wholly recover from the eff
fects Of the attack. He might be re-
stored to sanity, but the traces of alcohol
aud the de!irium treinens would ever re-
main.
He had examined Judge Loving ten
days ago in his Office at Washington, ap-
plying the usual tests, and he was con-
vinctd that his brain was diseased. zone
case of delirium tremens may produce
use of permanent and incursble inssn-
ity," said the witness. "Whatever may
be the recovery, however, the brain will
ever show that it is impaired, and man
is never again fully himself after an at
tack"
"Do you regard Judge Loving an in-
sane man today 20 asked Wood Bouldin,
Of the prosecution,
81 cannot say, for | have not examined
him since he was in my Office in Wash
ington, ten days ago" said DR., EN-
mons.
With this the defense rested its case,
and the State announced that 1t would
begin rebuttal and seek to discredit the
testimony of Miss Loving and the
statement she made to her father.
The State" said Mr.. Harmon,
twill undertake to show that Miss Low
ing told Miss Kidd an entirely different
story; that she was not drugged; that she
had alighted from her buggy herself and
tina: the buggy in which she was riding
had been followed by another couple all
the way.
He further stated that the prosecution
had witnesses TO produce who saw Miss
Loving and her escort at the very place
where il was claimed the assault was
committed, and would testify that the
dead man offered no iudignity to the
young lady.
The jury was sent out Of the room and
the lawyers engaged in a long debate
over the relevancy ofthe evidence sought
to be introduced, the defense holding
that such testimony bad no direct bear
ing on the case at bar and was wholly
collateral. The only question that could
be introduced was one which had been
already openedup by direct testimony
and on discrimination.
ave will SHOW" said Mr.. Harmon.
with great emphasis, " that Loving kill
ed Estes in malice, because Of alleged
misdeeds. We win show that The liquor
wss not drugged, and we will show that
Loving msdeHuo attempt to ascertain
the corect1ess, by inquiry, Ct the state
ments of his daughter. And 10 that we
believe that be was negligent"
The prosecution made vigorous effort
to put Anna Kidd upon the stand to
prove that Elizabeth Loving was not
drugged and that no attempt was made