The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-06-28
COMMITTED DEED
While Insane is Plea for LOT-
ing
DEFDNsE CLOSED ITS CASE
Prosecution Will Introduce Nit
nesses in RebuttaI /:

Announcement Of Intention of Prose-
cutiOn to Introduce Miss Kidd
Causes ACKNOWLEDGEMENTS by
Defense That Truth or Falsity OF
Miss Lovings Ssory Could Not be
Attacked-Question Will be Decided
by Judge Today.
Houston, Va, June 26.-Interest of
the trial Of Judge Loving for the n.ur-
der of young Theodore Estes laS.ed
somewhat tony. The features were
the closing of the defense after the
examination of three witnesses for the
purpose of proving that Judge Loving
was insane at the time of the killing
& young Estes and the statement by
the attorneys fOl the prosecution Of
what they intend to prove ii certain
witnesses are allowed to testify. The
plea of the defense that the mind of
Judge Loving had after years of diosi-
patton which frequently caused him to
have delirum tremenS from excessive
drinking, became SO impaired that
ter. Miss Elizabeth Loving. that she
had been drugged and assaulted, he
became deranged and was not respon-
sible for his act in killing Estes.
Counsel for the defense hope through
the plea of emotional insanity to check
any attempt to impeach the statement
of Miss Loving.
The defense rested their case this
afternoon and prosecution anHounC-
ed as their first witness In rebuttal
Miss Annie Kidd, who they said would
disprove the story of Miss Loving.
This was objected to and the jury re-
tired. after which a lengthy legal dis
cussion was gone into. The attorneys
for the defense argued that the pros
ecution had no right to enter into the
truth or falsity of the story told Dy
Miss Loving to her father and cited
the New York case IN which District
Attorney Jerome was not allowed 10
impeach the testimony of Evelyn
Thaw. Daniel Harmon. for the pros
ecution, in reply. gave the first public
presentation of the side of the case
from the Estes view point. In an i'm
pressive address he declared that Judge
Loving had acted in haste in shooting
young Estes as he could have gotten
all the facts and information about the.
buggy riding without going out Of his
way. Continuing, he said: "Is human
life so cheap that you or may be shot
tho CT nf
Individual? Judge Loving could have
gone to the home of Mrs. Kidd, only
a block away, and where his daughter
spent the night and have found out
the facts. as the relations of the two
families were very intimate. The ply
sician who made the examination lived
a block away from the scene of the
shooting but he never consulted him.
And who knows but that he did
close his eyes to the real facts. The
very spot where the crime is alleged
to have been committed was in plain
sight of Lovingston. The remaining
contents of the flask of whiskey was
given man at Lovingston and it
worked no ill effects on him The
buggy ride and what occurred on that
ride was the source of all of the
trouble Is all the light on the case to
he turned on the other side? The law
is for the protection Of the citizen. A
citizen of this commonwealth has been
shot down. Should not the jury be
acquainted with the facts?"
Mr.. Moore, who responded, quote /
numerous cases where such evidence
has been excluded and said that the
defendant was entitled to the same
right that has been accorded in many
other courts.
Judge Barksdale will rule on this
point tomorrow. 1t is deemed most
important by the counsel in the case
as the prosecution claims to have wit
nesses to disprove every statement
made by Miss Loving, who told the
story of her ruin between sobs on the
stand yesterday
Sheriff John P. Beard, of Amherst
county. who has known Judge Loving
for years, was the first witness today.
He testified as to the defendant being
an excessive drinker and that he had
suffered at times from delirium tre-
mems. The witness stated that the dis
sipation OF Judge Loving had COM