The free lance. (Fredericksburg, Va.) 1885-1926, 1907-06-29
TRIAL NEAR ITS END
Judge BarkSdale Decides That
Miss LOvins's Story Cannot
be Attacked.
QUOTES THAw CASE AS PRECEDENT
Or. OsiEnetts. Of Western State Hospital
Gives Expert Testimony. Etc.

The taking Of evidence In the case Of
Judge ". Il. Loving. at Houston. f1r the
murder OF Theodore L ties in Nelson
county April -. was concluded We'd
neSday evening.
Wednesday morning judge BarksdAle
rendered his opinion denying tue adj
missibillty OF testimony relative 20 the
ialSitv or truth of the story told hv Miss
Loving. The deci~ion dealt "a he.vv
blow % the plans of the prosecution.
judge Barksdale. in sustaining the
contention of the defense. among the
cases De cited as authorit, WAS the
IhAw trial in New York.
The prosecution began the examina-
ton OF witnesses in rehuttal of th,. evil
tenoe introduced 10y the defense that
Loving was insane at the tim, az the
shooting Seven witnesses We're eN-
amined. Most Of these reside in Amherst
anu Nelson counties and have known
judge Loving Tor years The tendency
oi their testimony was that they had
never heard the insanity OF Judge Low
ing discussed before this trial ami they
had always regarded him ~ "a sane man.
with a mind superior 20 tlr ordinary.
Several further declared that ths is-
PENDANT was q high-t.mperci man aud
never tolerated the opinions or actions
OF those who opposed him 10 was "a So
testified that judge Loving was autN
ceiieut hunter, q good shot had Se-yrt
with honor a. a judge. and had chsrg,.
Of large estates.
The prosecution prepared hlQ1th.ti-
ca question "a PROFOUND . an eNpert
on iu-anity-Or J. : p.Jarnstte. IL.
perintendsnt 90 the Western state Hos
pital. al stanton This question WAS
similar 60 the one asked pr. Emmons. oi
Washington. toy the deiense II reviewed
the HE and experiences of Judge Lovir =.
his marriage separation from his wife.
Ms struggle again- the whisky habit.
his trip 20 an institute for the cure ni
tnat habit. the account 90 the story told
him by hts daughter the killing of Young
t,te-. and his appearance and actions
alter the e. commission Of he crime There
We're some variations I'm the TWO 11sS-
tion- the defense taking a more serious
view az MS appearance after the shoot
ing
ANGRY. Nor INSANE
In reply 20 the question. what effect
DO YOU think such experience would have
Oh the mind az This man the witness
replied. Il think be- would De- very angry
from the provocAtion that De- Thought
his daughter had been ruined hv the
y
Or. lN-I8rnette testified that during bis
connection with the Western state Hos
pital he had urder hi- clre4 500 patients
suffering from diseases &C the brain He
was closely questioned hy counsel for
both siie-. hr DeJarrette in his test
m1uy, discussed the effect g acute aicO-
hoh~m ou the brain, the effect of insanity
on the different nerves and tissues. the
temporary ard permanent results from
dtii-ilm trem-nS. the effect Oi stress al a
strain on the miad. how sudden Joy. ex-
element. horror. disappointment. gri.f
aud other emotions could effect the men,
tai faculties Most of hi- testimony. a.
Well a. the questions asked him. were 81
technical nature.
ALCOHOLISM AND INSANITY.
He said he did not believe that alchol-
SIN would produce insanity inevery cas-.
stating that ncoverie- from deIirium
tremens would leave patients in posses
sion %! all their powers. Often when A.
companied by I'd ct oi heredity. be- laid
Insanity would follow protracted de-
hauch Whisky would produce "A poison
IN the stomach. and IL the habit were
continued. II would boz taken up by tie
circulation aud carried through the blood.
but be- said that in "A vast majority az
cases II would b. expelled and the patient
reSu re his normal condition.
In case of two men. starting cut under
the same conditions. one began drinking
and the other was Temperate. | would
say that the temp rate man would give
Way 10 his feelings sooner than the drink
NIX man for the reason that his faculties
would be- more acute and would grasp
more quickly sudden aud depressing
news oi great trouble The mind Of the