The Birmingham age-herald., 1907-06-27
Witnesses Testify As to Sanity
 of Defendant
CLAIM DE IRRESPONSIB|uTY
Case of Evelyn Nesbit Thaw Is Cited to Show That the Truth or FaIsity of Miss Loving's Story Is
 Not the Point of Issue.

Houston Va, June 26.-Interest in the trial of Judge Loving for the murder of Theodore Estes Jagged somewhat to- day. The feature was the closing Of the case for the defense after the examlna- ton of three witnesses for the purpose of proving that Judge Loving was insane at the time of the killing of young Es- tes and the first presentation by the attorneys of the prosecution by which they intended to prove if certain witnesses are allowed 10 testify. The plea Of the defense is that Judge Loving had after years of dissipation, which frequently caused him to have delirium rremens from excessive drink, become so wrought up when he heard the story from his daugn- ters lips that he became deranged and was not responsible for his action in Kill Ing Estes Counsel for the defense hope through the plea of emotional insanity to prevent any attempt to impeach the state- ments of Miss Loving. The prosecution announced as their first witness Miss Anna Kidd, who, they said, would dis prove the story of Miss Loving. This was immediately objected to and the jury retired after legal discussion was gone Into.
 The attorneys for the defense argued that the prosecution had no right to en- ter into the truth or falsity of the story told by Miss Loving to her father, and as an example cited the New York case in which District Attorney Jerome was tfr,,nn faf Evelyn Thaw. Attorney Harmon for the prosecution declared that Judge Loving had acted in haste in shooting Estes and before the tragedy he could have got all the facts and information about the bug zy ride without going out of his way.
 The ruling of Judge Barksdale on this point is deemed most important by the counsel, as the prosecution claims to have witnesses to disprove every statement made by the girl, who told the story of her ruin between sobs on the stand yes- terday.
 The court adjourned at 5:30 o'clock this afternoon and Judge Barksdale will ren- der his opinion tomorrow.
 At the opening of court today in the trial of former Judge Loving for the killing of Theodore Estes, the defendant looked careworn, the result, no doubt. of the severe examination he underwent yes- terday, when he took the stand in his own behalf and heard his daughter re- peat the story of her carriage ride in the company of young Estes. Seated with the defendant were his son, T. c. Loving, Jr.. and his brother, Major J. T. Loving of Pulaski.
 John P. Swanson, w. G. Swanson and Henry Swanson of Danville, brothers of Governor Swanson, had seats on the pros ecution's side. Mrs J. F. Swanson is a sister of Estes and her husband is taking an active part in defending the memory of the dead man. Sheriff J. P. Beard of Amherst who has known Judge Loving for years, testified as to the defendant being an excessive thinker and that he had suffered from the delrium tremens. The witness stated that the dissipation of Judge Loving had completely changed his disposition and that before he started drinking he was pleasant and agreeable, though in later years he had become un- reasonable and dsagreeable.
 Sheriff Beard stated that he knew that Judge Loving was continuously drunk for four years while in Amherst county.
 MT. Bouldn attempted to bring from the witness q statement that Judge Low ing had always been a high tempered man and had no toleration for those who opposed him. The answers were evasive. Sheriff Beard was asked if he had not favored Judge Loving when his name was mentioned for congress. The witness replied
 No"
 Mr. Harrison of Amherst formerly a lawyer, testified along the same line as Sheriff Beard as to the excessive drink ing and the change it had brought on Low ing. The witness declared that Loving worshlpped his daughter Elizabeth.
 Brain Specialist Called
 pr. Charles L. Emmons, brain spe- cialst of Washington, b. C.. testified that whisky caused large percentage of the cases of insanity A hypothetical question over the life of Judge Loving his dissipations, his trip to an institution for inebriates, his various troubles, etc., coming down to the information given him by his brother-in-laW, Harry Sneed, and later his daughters story, was pre- sented to Dr. Emmons and his opinion asked as to the status of man who had undergone the experiences outlined.
 After the examination of three wit nesses by the defense tending to prove the insanity of Judge Loving, court ad journed for luncheon.
 When court convened for the afternoon session Attorney Wood Bouldin for the prosecution argued against the admissi- bility of the hypothetical question pro- pounded by the defense to Dr. Charles EsnlnOnS. buTlIiS lHt ISulltul lut JulS retired The prosecution desired that the jury be admonished that the statements made in the hypothetical question were not conclusively established facts for the purpose of preventing any misapprehen- sion.
 The concluding sentence of the question was originally prepared read:
 What is your opinion of the mental condition and responsibility of the man at the time of the shooting?'
 The defense. at the solicitation of the prosecution, struck out the words ''and responsibility
 Result of Diseased Mind.
 The jury was brought in and Dr. Elm mons was recalled to the stand. The re- ply of the witness was that he was men tally deranged" pr. Emmons explained the effect on the brain tissues of excessive drinking. In his opinion the act of Judge Loving was the result of a diseased mind"
 What effect will great stress have on d mind diseased as this one has been described to you?"
 Tt produces mental disorders
 The witness stated that ten days ago he made a physical examination of Judge Loving at his office, which. he stated,