Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-06-28
THE GLOWING TRIAL.

ONLY ulQ the Clhlt OucI TUG tApcft, Dut
it presented several witnesses who had
known the accused man for many years,
and they each had opinions of the very
highest order concerning his physical
and mental condition.
There will be no trip by the jury, the
lawyers, and others to Nelson county to
view the scenes of the case. Lawyers
for both sides say they see no reason for
this, as the witnesses have told all that
is necessary to make the jury familiar
with the tragedy.
The State called several new witnesses
who had known Loving for years. The
object of the testimony of the witnesses
10 rebuttsl was 20 disprove the insanity
theory and to show that Judge Loving
was regarded IS a man Of unusual intell-
igence and great physical development.
f. L. Kidd, county clerk for Nelson,
an uncle of Estes, said that he was clerk
of the county court when Judge Loving
presided over il, and that he regarded
him as very high man and a good
Judge. He had never seen Loving take
drink. 1t was at Mr.. Kidd's home
that Miss Loving spent the night after
returning from the drive.
Others followed along the same gen.
eral lines as 10 the mental and physical
faculties of the accused man, all of them
expressing the opinion that he was per-
feet in both respects.
This concluded the evidence for both
sides, save that the State announced
that an alienist would be introduced to
show that Loving was in perfect posses
sion Of all his faculties. This expert was
DR.. ]. s. De Jarnette, superintendent
at the Western State Hospital.
The State presented hypothetical
question, reviewing the case now on
trial, and asked what was his opinion as
to the condition of the mind of man
described in the question. DR.. De Jar
nette did not hesitate to say that to bis
mind the man described was given to
fits Of great anger, but was not in the
least insane.
This is in direct contradiction of the
views of DR.. Emmons, whom the de-
Tense introduced yesterday and who
positively pronounced Judge Loving as
mau whose brain was diseased.
John L. Lee, of Lynchburg, of couu-
sci for the defense, took charge Of the
witness and began terrific lombard
ment with questions which were design
ed to weaken his statement. He asked
for a defaition of insanity, but the reply
was that every man who made it study
had his own conception of what was,
and what was not insanity. Iasanity
was a disease Of the brain. Excessive
use of intoxicants might produce insan-
ity, when there was heredity, but rarely
would intoxicants when used moderately
have that effect unless predisposed by
heredity.
"The man who wss addicted to drink
for long time" said DR.. De Jarnette,
"and was known to have quit for twelve
years, only twice losing control of him.
self in all that time, is to my way of
thinking sSemarkable man. 1t showed
unusual - ID control and splendid will
power, would say that such man was
very strong, and very bright"
This concluded the evidence, the
court adjOurnipg for the day. The in
structions today will be disposed Of by
noon and at the afternoon session the
arguments will begin. A verdict is be-
lieved possible Saturday night.
Houston, Va, June %. Court con-
veued at 10 o'clock, and there was de-
lay of some time due to the attorneys
failure to complete last night their re-
quests for instructions.
Judge Barksdale discharged the jury
until 2 o'clock.
he afternoon session will be taken up
in a legal battle over instructions.
Argument over the instructions by the
court to the jury began this afternoon.
1t will be either late today or tomorrow
before the attorneys begin their final ar
guments.
The defense offered II instructions
and the prosecution IS. The defense
objected to one instruction,
stating that the unwritten law has no
place in the jurisprudence Of Virginia.
1t was characterized as an unnecessary
reference. Each side found many OBJ
lection to instructions submitted by tue
other. The Judge took them all under
advisement.
The friends Of the dead man are very
much put out that they we're not allowed
to have a chance to clear his name of
the crime with which Judge LOying's
daughter accuses him.
WITNESSES for the prosecution state
that they could have established that
Miss Loving has been for some time adj
1icted to the use of liquor, and that she
was expelled from the Mary Baldwin
Seminary, at Stanton, for her conduct.
They further claimed that the sf-
fectionate relations said to have existed
between Judge Loving and his daugh-
Ter we're all farce, that he was brutal
in his home, and at one time had been
seen to jerk bis daughter of OF a horse
10 the streets of Lovingston and curse her
1t is claimed that Judge Loving had a
personal spite sgainst the young man he
murdered, because Thomas F. Ryan had
stated his intention ofdischarging Judge
Loving at the end of the present year
md putting Estes 10 his place.
The trial has been delayed on account
If the defense not having been able to
,1mplete their instructions last night,
Is they had expected to do.
Judge Barksdale discharged the jury
Until 2 o'clock. The expectations of