The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-28
PRISONER WINS
GREAT VICTORY
BEFORE COURT
Decision Of Judge to Ex-
clude Collateral Testi-
mony Important.
-------
ACOUIT LOVING
OR HUNG JURY
Freely and Almost UnanilnouslY~
Predicted by Halifax Citizens /
as Verdict in Casc-Evi- /
dence All In and Argu-
ment Begins
To-Day.
by ALLEN POTTS.

by ALLEN POTTS..
HOUSTON. VA, juno 27.-The most
striking incident of the fourth day OF
the Loving murder trial other than
Judge Barksdale's ruling for the de-
Tense was the significant utterance OF \
witness called to the stand by the
Commonwealth, and one who had tess
titled against the accused
DR.. Dc Jarnette a distinguished au- 4
lthority on mental diseases and super
intendent of the Western Hos
pital for the Insane, had, in answer tls5
a hypothetical question put by the
prosecution, said that at the time of
| the killing Of Theodore Estes, Judge
| Loving was not insane. but was over- a
/ come by anger. Mr.. Lee, for the de- 3
! tense, asked this question:
DO you think. then. that it is a Il
test Of sanity for a man to kill under
those circumstances? 2" meaning under
alleged wrongs. 3555l5
Then the unexpected happened for
j DR.. De Jarnette replied:
81 do not think 1t Is n test, hut
1 think sane man would very
probably do IT."
L | Ile 4tllSWeT@a SeeI1eQ 1nu1Cate tina
while the insanity expert did not con
cur with the defense on the question
of the mental defangement of the%
a prisoner. he believed that a sane man I
4 would have acted as Judge Loving
Ibid II tho provocation had been as
great, The incident caused consider
! able excitement, and evidently strong
ly impressed the twelve men in the
q iJury-boX. ~ 595sSSS ssSS
JEROME WIRES LIST OF
AUTHORITIES TO DARKsDALE.
d a matter which did not become pub
Il lie to-day, but which will attract att
tention when known. is the fact that
II William Travers Jerome, district attor-@
ney Of New York City, and the prose-
cutor in the famous Thaw trial, which
is almost Identical with the Loving
y case, has seen fit to thrust himself
unlimited into the case now on trial
here.
This morning Judge Barksdale, the
B presiding Judge, pending an announce
| ment OF his opinion to an objection
raised by the defense to the introduce
ton of collateral testimony by the
defense to down Miss Loving's story
{ to her father received atelegram from
4 Mr.. Jerome, citing cases which might
aid the prosecution. The telegram was
% | as follows:
New York. June a7, 1907
Judge Barksdale, Az
Houston. Va:
Consult note of Wigmore In Sec
ond Illinois Law Review, page 35,
citing Knapp against State of 8
: Indiana; 70. Northeastern Re-
. ported, page 1916. SEQ also Com
monwealth against Haurigan in
7 s9th Kentucky, page So5, z
1 (Signed) as
"WA1. TRAvERs JEROME"
~, 49,
: his opinion, to the citations furnish-
t ed him by Mr.. Jerome, and, in fact,
e did not mention them.
Tho incident indicates how closely
the Loving trial is being watched and
: how closely 1t resembles In many OF
It's details the Madison Square Garden
tragedy. #
q IMPROMPTU HALIFAX JURY
VOTES TO ACQUIT LOVING.
. After the evidence was all in this
s afternoon and court had adjourned, a.
t poll was made of twenty seven mon
y regarding the guilt or innocence OF the,
n prisoner at the bar The poll was
It taken among the men who live in
Halifax county, and not among the
@ friends of the Loving and Estes fami-
a lies. and the question asked was: How
y would you vote II you We're on the
'r jury, after hearing the evidence In the
le toned, twenty-siS sfaid they would
acquit Judge Loving, and one said he
g did not know how he would vote.
y While this indicates the feeling Of the
r people who have listened to the eIi-
n dence, 1t does not mean thatSa verdict
II of mot guilty" will be brought in. for
"a a gentleman who knows the lnembors
of the jury we'll said to-night:F'There
IT will certainly be Il hung jury
ID There Is one man In the box who
g will certainly disagree. for he would
I'd not concur with the angel Gabriel
"a himself" 1t Is remarkable that the
feeling here should be SO overwhelnl-,
Us iugly in favor of the accused, for Mr.
IS Bouldin. the Attorney.
r Is one OF the most popular men In the
- county, and the people of Halifax take
great pride in the way he has con-
- Quoted the case for the State, 1t may
further be said that here are also a.
number of mon in town from Nelson
- county who are heartily OF the opinion
- that Judge Loving should be punished.
but these men are of the Estes faction.
as It Is called, and possess great syni-
pathy fer the family IN the loss of
II their son.
FATE or LOYLNC; HUNG on
JUDGE nAHksDALE'S% OPINION.
When court opened this morning sne
room was packed co hear the opinion
"A or Judge Rarksdaie regarding the ati :
II mission Of evidence to dlscredit the
!, story told by, Miss Loving. S
- As His Honor took his seat the
u silence ir the courtroom was Intense.
'y, For audience as Well as counsel kHeW
TO that upon the ruling of Judge Barks-
is dale depended in a large niehsusa chs
lYerdlct In the case. The opening