The free lance. (Fredericksburg, Va.) 1885-1926, 1907-06-29
THE PLEA
This Put Forward BY Defense in
Loving Case.
YOUNG LADY'S STORY ATTACKED

D
,i dissipation. which frequently cau-ed
him To have deiirium trenen~ from cx-
.cSsive drinking of whisky. become. -
impaired that " sn De- beard the stnr. |
II his daughter. Miss Elizabeth Loving
hat she had been drugged and assaulted.
be- became deranged and was not re
spOnsible for his net ia killing Estes
Counsel for the defense hope through the /
plea of emotional insanity To prevent |
any attempt % impeach the - Atement /
~ Miss Loving.
After the defense closed its case. In, |
prosecution called Miss Annie Kidd. W mo. |
they said, would dispruve the story OF /
Miss Loving This was OH -cted 10. and |
the jury retired. after which legal dis |
cussion was gone into. The ATTORNEYS
Tor the defense argued that the prosscu.
ton had no right 10 enter into the truth
or the talsity of the story told hv Miss
Loving 10 her father. and a. precedent
cited the New York case in which District
Attorney jerome was not allowed To i'm
peach the testimony OF Evelyn Thaw.
Attorney Harmon for the pros. cutior.
IN reply. declared that Judrr Invinrhad
acted in haste in shooting down Young
Estes. and that before the tragedy h,
could have discovered all the facts and
information about the buggy ride with
out gong out OF MS way.
MooRT CITES FEECEuENr~.
Mr.. Moore, who responded. quoted
numerous cases " here such eviienc, has
been excluded and said that the defend
ant was entitled 70 the same right that
has been accorded in many other courts
Attorney Bouldin. in replying 10 Mr.
Moore. said.
The transactions ane but different
scenes in the same drama and the Incl
dents are 80 intimately interviewer that
II Is but right and proper that all ot tn.
facts be known"
Sheriff Beard. OF Amherst county. who
has knowL Judge Loving for years. wa~
the first witness called He testified that
the defendant had been an excessive
drinker. and that he had suffered at times
from delirium tremen-. The witness
stated that the dissipation OF Judge
Loving bad completely changed his Dis
position, that before be started 10 drink
ing he was pleasant and agr,eahie
though In later wears h. had become IN
reasonable and disaSreeabie Sheriff |
Beard stated that he knew that judge /
Loving was continuously drunk for four /
years while in Amherst county.
h. r Harrison. OF Amherst. formerly |
a lawyer. testified along the same line a. |
and the change IL had brought on Low
Ing. The witness declared that Loving
worshiped his daughter, Elizabeth.
HYPOTHESIS FOR ENrrEr.
DR.. Charles L. Emmons. "a brain ~
pert. of Wa hington. testified that
whisky caused a large percentage of the |
cases OF insanity. A Hypothetical que~-
ton. IN about 1900 words reviewed /
nts iff.a az Tr4f~. ] ...-rr..-
his trip 20 an Institution for inehriat.- I
his various troubles. including the iu. /
formation given him 10y his bruther-in- |
aw. Harry Sneed. and later his GauEh- |
Ter story. was presented 70 Dr. En- |
mons. and ms opinion wa~ asked a. o. |
the mental condition of a man who has /
undergone the experiences outlined.
Attorney Bouldin. for the prosecution.
Argued against the aGmi~Sihilitv OF the /
question During this ar /
-ument the Jury retired. The prosecu- /
non desired that the jury be- aimouiShei |
hat the statements made in the hvpo- /
hetical question were not couclusiv-ly /
established facts for the purpose Of pre- |
renting any misappreheusiou.
The Jury wa- brought in. and nr En- |
mons was recalled 70 the stand. The re- |
ply OF the witness was that Loving wa- I
mentally insane Dr. Emmou- ex
planned the effect on the brain Tissues Of 1
Excessive drinking In HE opinion. the |
lct OF Judge Loving was the result 81 "A |
diseased mind.
EffECr oF GREAT ~rRESS
~ hat effect Will great stress have on |
= mind diseased a. this one has h.en de- 1
'cribed 10 you was asked
1t produces mental disorders. re- /
Piled Dr. Fmmons.
The witness stated that ten DAYS ago /
he made a physical examination of |
Judge Loving at his office. which cor
-oborated his opinion based on the hv- /
Dothetical question. Witness then cN- /
planned how this examination was made 1
Did you ind Judge Loving All in-an,
man when you examined him?' was
asked.
Il found his mind diseased and such
that II would give way under great /
stress ne replied.
Doctor you have been here +. sernl dave |
and have seen Judge Loving. j. hc insane
now"
Il do not know"
The witness was asked whether he |
thought an insane man could perform tn. |
duties of Judge of u county .urt. Hi
reply was that "a man of high education
could be Judge aud still have some mantn
detects.
DEFENsE RESTS CASE
At the conclusion OF the testimony of
DR.. EmmOns, Mr. Lee presented a STATE
ment that young Estes was unmarried
was twenty-seven years of age. and
weighed 10 pounds. The case OF the de-
tense was on this point rested.
Mr.. BOuldin, for the State, offered t.
introduce Miss Annie Kidd a. their first
witness in rebuttal, to show that Miss
Loving's account OF what had taken
place after the buggy ride was incorrect.
The defense objected to the introduction
OF such evidence. and the jury retired while
the admissibility of Miss kidd's evidence.
was argued.
Mr.. STROBE, for the defense, stated that
the question at issue was the state of
mind OF the defendant at the time OF the
killing, and the truth or ialsity OF the
accusation made by Miss Loving was col
lateral and had no bearing on the case.
The only way the testimony OF Miss
Loving could be impeached. said Mr.
STROBE, was To show that she did not tell
her father what she said she did.
Mr.. Harmon, Tor the prosecution. replied
that he wished to disprOve the correctness
OF the story of Miss Loving, and show
that she merely drank too much whisky
and got out OF the buggy after the ride
unassisted and walked into the house Of
MIR. Kidd, and that Mr. Estes never Of
Tered her any indignity. Mr. Harmon
stated that the prosecution had witnesses
TO prove that Miss Loving was neither
drugged nor was brought back uncon-
scious.
H..