The Washington times., 1907-06-27
Loving ALcohOLCrazy,
Dr.. En1nlOnS SWedrS

said that in his opinion Judge Loving
was temporarily deranged when he killed
Estes.
Does an excessive use of whisky
bring on insanity" asked Mr.. Lee.
Yes" replied the witness.
How does IL bring about insanity"
1T causes a change in the structure of
THE blood vessels, and even in the blood
tissue which goes TO make up the brain,
and when this tissue is destroyed IL is
replaced by an inferior tissue. which
leaves the brain in diseased condition"
Test of Insanity.
do you consider the power TO dis
tinguish between right and wrong a
proper test OF insanity?'
mo, l do not, because a man may
have the right idea about some things.
while on. others he may not be gov
erned by the same thought relating 20
these particular things, and therefore
might not always be able to form a cor
rect idea as 10 the course that he might
pursue.
Answering an interrogatory as to
whether or not he ever had occasion to
examine Judge Loving. the witness said
that the accused had undergone a thor
I
ago.
Did this examination" asked Mr..
Lee, confirm your opinion expressed
regarding. the sanity OF the prisoner
Tell the jury what you found which
caused you 10 believe hat Judge Loving
was not mentally balanced"
When l made a medical examination
of the accused l paid particular atten-
ton 10 his eyes. / found them badly
affected by the excessive use of alcohol
The blood vessels behind them were
clotted and disarranged, and l also
/ learned that this mad brought on a con-
gesuOn of the brain, thus leaving the
patient IN very much weakened mer-
tai condition
Cross-Examined
The witness was then cross-exam-
ined by Prosecuting Attorney Bouldin, in
| which he was questioned closely as TO
whether or not sanity, superinduced by
the use Of alcohol, was not a permanent
/ insanity.
! Replying 10 such interrogations, the
witness said that it did not always re-
suit in permanent insanity. Many per-
sons he said, were more powerfully con-
stituted than others, and II did not AFFECT
some as badly as others. He explained
/ that he had known persons who were
made permanently insane by incessant
/ drinking. but that. on the whole, he
would not consider alcoholic insanity
/ permanent insanity.
| can YOU state 10 the jury whether or
not delirium tremens will bring about
mental arrangement
u can say that deIirium tremens has
made men insane
VIII you state whether. in your oplu-
! ion. one attack OF delirium tremens
would brinG about a temporary derange-
( ment Of the mindE
! Yes; other conditions being equal. l
might say a single attack might result
You say that you made an examina-
/ ton of Judge Loving?
/ Yes sir
Did You consider Judge Loving
! sane man at that timer
/ Absolutely, no
Just state to the jury what reasons
/ you have for reaching such conclu-
/ sion
AS have said before" replied Dr.
1 Emmons. 4 found The defect about his
eye and the congestion OF his brain"
Anything else wrong with him.
Loving's Education.
/ Yes. found that Judge Lovings lips
ouivered. he had a hesitation in his con-
versation which ! would not have eX-
/ pected from one educated as Judge Low
/ ing was and l also noticed that his
movements were slow. all Of which
would not be noticeable in 4 man phys
lcally and mentally perfect"
Would YOU not think that it took
more intelligence than YOU are giving
/ the accused credit for said Mr.. Boul-
din, TO perform the functions of
county jUdge?"
We'll. without casting any reflec-
| tons on the county judges" replied Dr.
EmmOns, Il might say that most any
body could perform these functions as
well as some of the judges
This reply caused much laughter in
! the courtroom, and even Judge BarKs-
dale himself was greatly amused
Il want to say Judge" said DR.. EN-
mons. after the laughter had subsidized.
that there are some exceptions, and the
| Halifax court is included IL my excep-
/ tons"
| Judge BarksdaIe again smiled, and CT
dered the witness TO proceed with his
testimony.
| Mr.. Bouldin then endeavored by a line
| Of questioning to bring out the fact that
/ Judge Loving was sane and in possess
was evaSive, and left the stand without
making satisfactory answer to any OF
| the questions.
DR.. Emmons was then excused, and
! Mr.. Lee arose and stated TO the court
that the defense would rest its case
Miss Kids Evidence.
After the jury had been withdrawn
from the courtroom for the third time
during the day, Prosecuting Attorney
! Bouldin addressed the court and stated
| that the Commonwealth desired TO pro
/ duce Miss Anna Kidd for the purpose Of
showing that Miss Elizabeth Loving in
making her statement to the jury. was
mistaken relative to the beginning of the
/ ride which eventually ended in the kill
! ing Of Theodore Estes.
The introduction of such evidence
was opposed by Aubrey z. Strobe. coun-
sci To- the defense Mr.. Strobe took the
stand that the truth or falsitv Of The
statements made by the witnesses while
/ upon the stand did not enter into the
| question at all All that the defense Is
compelled to show is whether or nor
| these statements were communicated 10
/ the accused. -
The only way open for the Common
wealth TO Introduce testimony OF this
/ character. Mr.. Strobe contended. was 10
produce witnesses IN tastfF,- 49, NT:S