The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-26


.li,ylge j. ,Thorpson Brown and Mr.
Lewis Brown, OF Nelson county, have
been Ii dded to the array of acounsel5 i OF
Judge Loving There are now SIN ~
lawyers present for the defense, and
three for the commonwealth.
Promptly at 10 O'CLOCK dl ,li
JshrKsfale, laden with many law
Il books sscended Ito the bench, ana the
sheriff. Mr.. sheppard opened court
Il Counsel for tlle dcfens wore all pr es s.
crt. t}ut Messrs BDuldin and Harmon
,ye& not in court and tho trial WIS
delayed for ten minutes until theS
could be sent for.
~ lit is indicatiyc OF tile feeling when
exists in Nelson county regarding the
# tragedy that the ndl,crcnts of eacii
side keep strictly to the side Of the
liouse on which sits counsel, rcspec--
Il tiyely. for the defense and the Com
q monwealth. Around Judge Loving
nnl behind Ills attorneys. are gathered
those friendly to llim,l while. across
this way sits Sheriff Estes. Mr.. Joh IN
SWANSON and those friendly to the
Il T.stcs family. Throughout the case a.
strong political tone us felt, aud TINS MS
fsel,nE has added to the bitterne S.
IS .,hich is very apparent. This hns been
shawn jbv the letter printed this
morning in the Times Dispatch. az
dressed to tho clerk of the circuit circuit
Court, by Mr.. John u Lee, dec ,I, y
that certain testimony, favoraple 70
IA 4hs defense, has been suppressed and
nov the same charge. although not III
n writing. has been made by the Estes Este.
N family.
Counsel for defense declare that GER
.ain witnesses. who repeatedly told
8& what they had seen on the night OF
Anrll tie e1st, when Estes took Miss
& 1Siizabetl, Loving driving, now say
they have forgotten the incident .aiiu
their minds cannot be rel ses meg
= = vas 1910 o'clock when argument
III, tbeE case on the objection raised by
the Commonwealth began.
Hon. Aubrey L. STROBE, of counsel
@ yorI the defense. addressed the court
nnd acl iuced many additional autnoIl-
Ties. UNFOLDING the contention OF tns
3 defense that what MIR. Snead tolu
Judge Loving regarding the cond1tlon
Of his daughter Is proper cNl it -
70 before the jury.
555i1 I'D asserted that IN Virginia the
bench and bar had been IN accord on
The question at issue. and had SO
unanimously agreed that such evil
dence was admissible; thatsthe authorl-
tres in this State are limited in GRIM
iraI cases, but that In civil cases
aicng the same line, the authorities
ore numerous.
..Wonld BE Moclsery of Jnaticc.''
III this man / S not allowed to tell.
Els provocation, he will be braided
here as an assassin, and 1t would pc
a nlockery Of Justice" exclaimed MT.
Strobe al; he took his seat
In answer to a question asked by
Mr.. Bouldin, attorney for the Com
r.onwealth, as to the position OF
COUNSEL for the defense regarding
cooling time when an act. IS ,co,.l-
81; nlitteds counsel Tor the delense ue--
4 ciared that the qnestlon shoula ~ ~ a.,
y cfded by the jury 5under lllstfuctio i
from the court.
Mr. Daniel Harmon for the prose-
Il cution, then began. a further arSu-
nent in defense of the position Of the
Commonwealth. He asserted that
mere words are not sufficient TO re-
duce murder in the first degree 70
1nansla gllter, contend1ng ,that so I11s.
thing told JudgesA-oylng ny ;,,
cannot USED 70 $ ~ ~. ~
iie siio ti.ei. ~,
-. n,,-n
s s!ia,, W t ~ 81 . 1 - =
IS g. y :. ~
Mr Harmon was sIolloMeu, ps NJ.
WOOD
LIE =.
~ COS. tbs - b,s Md receved icer,a IN l
$50 = "a r,n., TOR, Mn not ~ olIow the nris
n,,n,. ~ sav IN, dct;, n what No ia d
Is been fold Arcument9 was closed at
" 40 O'Clock. and Judge BarlSsdale at
once read his ruling, on the question.
"It seems to me that Judge Loving
Is entitled to allystlle evidence tend
ing to prove the state of his mind at
the time the act was admitted, and
81 should have the benefit Of the evil
tE dence, and snail admit 1t, were
@ Judge Barksdale's closing words after
IS reviewing the argument and alluding
81 70 the many cases cited by both sides.
me jury was recalled an ana Judge
Io WI LOOK ms pace On me stan
ne stenosrapier sTe sl me question
W st1N mao Deen 4opJecteo 70 Sresafulns
tns& coir1Ilinhlca . mace, 70 nam by
Mr. sne.au, Jndge loving Low toiu now l' :l
II brotaer-1n-laW. iiarrS5 snead, came to
8f MIN Nm AFTER breSkfast on me morning