The Washington times., 1907-06-28

defense in their contention that evidence
tending to discredit the statements of
Miss Loving was not admissible under
the rules of the Virginia courts.
The opinion was brief and consisted
IN the main OF a recital OF authorities
upon the question at issue. Reference
was also made TO certain points in the
Thaw case. this information having
been furnished Judge BarSsdale by Dis
trict Attorney Jerome. OF New horA' oy
The opinion Of Judge Bsrksdale was
important by reason OF the fact that II
excluded all evidence which IN It's ma
ture referred in any way 10 statements
made by Miss Loving Had the Com
monwealth been upheld, the attorneys
who are prosecuting the case would
have been prepared to briag into court
a score of witnesses to give testimony
showing that Miss Loving had made
contradictory statements; that the in
formation which she impaired was not
true. and that as n result the dead
man had been murdered-for a crime OF
which he was innocent.
Estes Name Uncieared.
Under the opinion of the court the de-
Tense was not compelled to prove that
Miss Loving's statements were true the
truthfulness or falsity having been en-
tirely eliminated, but was only called
upon to convince the jury by the tesu-
mony of witnesses that Judge Loving
had been informed of the alleged as
sault, and that, acting under this provo
cation, in a heat of passion. superin-
duced by the story OF his daughter, he
sought and took the life Of young Estes,
In his opinion. Judge Barksdale said:
The court feels the deepest sympathy
Tor the relatives of the dead man in
their effort to clear his memory, but
this existing feeling would not allow
the court 10 go so Tar as TO permit wit
nesses 10 be called 10 the stand whose
testimony has no particular bearing on
the killing of Estes.
1t Is not whether the story of Miss
Loving was true or false. That is not
The question at issue. What the court
and jury must consider is the fact
whether her statements were made TO
Judge Loving. and whether the latter.
aroused TO frenzied passion, killed the
young man as a result.
The court would not hesitate TO ad-
mt any evidence produced by the Com
moBwealth, If by this evidence it pro-
posed TO show that Judge Loving did
not receive any Information concerning
the alleged assault. The court does not
wish 10 exclude any light on the case,
provided the evidence which would re-
move the veil and bring the real facts
10 the surface, comes within the bounds
of the law.
In my opinion the evidence for which
the counsel Tor the prosecution IS con-
tending does not come within these
bounds. consequently it will not be al
lowed"
States Insanity Expert.
To offset the effect which the exclusion
Of certain evidence which they thought
vital to the case might have on tine
10 "a hn
wealth produced Or. J. II. Dejarnette
an expert on insanity and superinten.
dent of the Western Hospital for the
Insane. at Stanton, Va The witnes,
was on the stand for more than al
hour during which time he gave NJ
evidence which is considered importan
for the Comm
Dr.. DejaTnette did say that. so far N
he had knowledge Of the condition o
Judge Loving. he might consider him in
sane at the time that he shot Estes, gu
that the stress upon his mind cause,
by hearing the story from the lips o
his daughter of the alleged attempte,
assault upon her did result in intense
anger on the part of the accused. ant
that ii was during this impassioneC
period that the crime was committed.
The prosecution failed TO discredtt Z
any great extent by expert testimony to
DAY the statements made by DR.. En-
mons on Wednesday, and the testimOn
OF the witness. If II had any weight a
ali. was favorable to the accused.
Prosecuting Attorney Bouldin wi
make the first speech before the jury
and will be followed by Mr.. Lee Tn
left 10 r. Walton Moore, for the de
tense, aud Daniel Harmon for the Com
nonwealth. S. B. Whitehead. prosecUt
ing attorney for Nelson county, II j
said. will not address the Jury.
At no time during the trial has Mr.
Whitehead taken any part in the pro
ceedings, although IL was at first state
that because OF his thorough knowledg'
of the case he would assist in the prose
cution of Judge Loving. He has, how
ever. been present at each session o
the court and occupied seat at III
table provided for counsel for the Gem
Tnonwealth.
Four Hours Work
Just before the noon recess was taken
Mr. Bouldin. the prosecuting attorney
announced that the Commonwealth de
sired time to prepare a hypothetica
question that it desired to present to a
insanity expert which it proposed to ca
as a witness. Judge Barksdale then or
dered an adjournment until O'Clock.
1t was nearly ( o'clock. however, be
fore court recOnveped for the afternoon
as II required over -FOUR llOuES AoI III
attorneys for the prosecution to get thei
question in shape and submit it to tn
defense.
Immediately after Judge Barksdal
raped for order. Mr. Harmon asked d.
Dejarnette, insanity expert and super
intendent Of the Western State Hospits
for the Insane at Stahnton. Va, to TAX
the stand. DR.. Dejarnette has had
long experience In treating insanit
cases. and told the jury that since hi
connection with the Houston Hospits
he had come in contact with sOmethin
like $500 cases.
When several preliminary interrogs
tories had been disposed of, the hypC
thetical question was put. II covere
over six pages of typewriter paper. A
ter reciting the main facts connecte
with the case. il called on the witneS
to state the condition OF the mind {
the accused at the time of the shooting
Replying, DR.. Dejarnette said that,
his opinion. Judge Loving was very an
cry when he killed young Estes. sue
anger being produced by the informa
ton he had received from his daughter
and, in the mind Of the accused, CAV
him SUFFICIENT provocation for commit
ting the act, but that he was not in
sane