The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-30
SEVERE
ON WITNES SES.
Prosecuting Attorney Declares
Snead Had Not Learned
Lesson WE'LL"

HOUSTON. VA. June 29.-Court re-
convened at 8 o'clock. with a crowd in
attendance as great, If not greater,
than that present at the morning ses-
sion. ~
The prisoner was attended by his
wife and the same members OF his
family as were present this morning.
Miss Elizabeth Loving did not apPcaI
remaining with her aunt. Miss Anna
Snead at the hotel.
On the side OF the Commonwealth.
lust after Mr.. Bouldin began his argu-
ment, then entered the ladies of the
Estes family. who only came into
court at the end of the trial.
In the party We're Mrs. Estes. mother
Of Theodore Estes: Mrs. Swanson andt
Miss Matte Estes. sisters of THE dead
boy and Mrs, Elsom. sister sister OF Mrs
Estes. The ladies wore heavy Black. Z
Mr.. Wood Bolldfn began his address
at 3 o'clock with reading The instruc-
tons to the Jury and impressing upon
them the gravity of the charge. He.
said that the defense offered two
grounds for the acquittal.
lst That the prisoner was Insane
when he committed the act,
I'd. That the prisoner lapored under
such great stress and excitement that
I
\ II the first gronnd5is proved. then
the prisoner should. be Acquitted; but
If the second ground lis proven. then
| the grade Of the offense is reduced to
ma nslaughter.
Mr.. Bouldln took up first the ques-
ton of insanity, and after going over
the evidence in the case, declared
that the accused was not insane. He
said that 1t was not a question wheth-
7 No. -
sane years ago, but the question to
be answered was whether or. not Judge
Loving was insane at the. moment he
shot down Estes. He .ridicuIcd the
idea that Judge Loving was overcome
by excitement when he learned his
daughters condition from Harry Snead
but asserted that he quietly ate his
i, dinner before he asked his daughter
to tell him her story.
Il Mr.. Bouldln In speaking of Snead's
testimony said: It do not think he hat
learned his lesson Well" Continuing, hi
told tho story of the killing and of the
prisoners acts before and after The
shooting, and added: ''He was not in
sane minute and a, half before thu
killing. nor was he insane minut,
and half after the killing. When wa
he insane?"
Reading from the evidence of the jus
tice or the peace before whom the pre-
liminary trial was held. Mr. Bouldil
! said that Judge Loving had said at tina
, time that he had deliberately kille
} Estes. "The gentlemen on the other sid
haze not said whether they claim tina
; the young girl was assaulted or onl
that an attempt was made. pray Go
.. that 1t was the latter" said Mr.. Bouldil
: In sketching the course OF Judge Low
0 ing and his fate by reason of drink, M
{ Bouldin ridiculed the testimony
= those who testified that his mind we
!" impaired. and said that there was r
/ suspicion in the mind of any one unit
s this unfortunate affair He said: III
|. act is attributable to his high tempe
but not to insanity, and if"the act WI
n done in fit Of passion, he is respol
sible for It,"
Mr.. Bouldin closed with lucid e:
a PLANTATION as to the various grades
4 punishment, If the jury found tn
prisoner guilty.
Mfr. Bould!n's argument was not on,
able, but was very severe arraigi
ment OF several witnesses andan earne
plea for conviction, clossng with II
| recital OF the oath taken by the jury
Mr.. Bouldin closed his speech at Al
o'clock. and the case was given
once to the jury. The jury retire
to the jury-room at 4:55 o'clock. ar
nifty minutes later brought in We
dict OF "Not guilty"