The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-27
snead. and grandmother Of Miss Eliza.

Snead. ana grandmother Oh MISS Eliza
beth Loving.
Mrs. Challxley, OF Richmond. is here
with her sister. Mrs. Loving. although
she has not yet appeared In the court
room. Mr.. Estes, of Danville, a brother
of Theodore Estes. and Mr.. John Swan
son occupied seats with the lawyers
for the prosecution. There was a de-
lay of ten minutes, occasloned by the
absence Of Mr.. Bouldln and Mr.. Har-
mon, and then the Jury was sent out
and argument on the Hypothetical
question asked DR.. Emnons was begun
The jury was sent out Of tho ROOM
Mr. Bouldin In addressing the court
said that the hypothetical question
asked the witness was not 4 statement
Of facts, but was q narrative purely
imaginary for the purpose of getting
the opinion of the expert on the con-
dition of an imaginary person de-
scribed in the narrative.
Mr.. Bouldin said the prosecution did
not agree that the question stated
facts in the case. Indeed, he declared
that the story was not borne out by
the evidence so far adduced. Il do
not want 1t to go from the bench
that these are the facts" exclaimed
Mr.. Bouldin.
Mr.. Moore replied that the court
could instruct the jury at the proper
time as to the nature Of Hypothetical
question. Mr.. Bouldin urged that the
court explain at this time to the jury
| what a hypo thetical question is Mr..
Bouldin asked that the words, "and
responsibility" in the closing sentence
OF the hypothetical question. be stricken
/; out Counsel fer the defense agreed,
| and struck out the words, and further
| objections We're withdrawn.
| Dr.. Emmons was then recalled to
| the stand, and the jury was brought
Emmous Believes Loving Deranscd.
4 Dr.EIni1nons was then asked to an
swer the question. He replied, delib-
! erately:
"My opinion is that he was mentally
deranged"
DR.. Emmons thon explained to the
1 Jury the condition OF a man why is ad-
dicted to drink. He said that such q
4 person had rushes of blood to the head;
| that the tissues of the brain We're bro
ken down.
"IIe had a diseased mind. and in my
4 opinion the act committed was the re-
4 suit of the diseased mind said DR..
Emmons.
4 Witness explained that there was no
4 strict test to determine g. mans sanity
or insanity. but persons were Judged
4 by their conduct, acts, habits and
words
!, lie said that many insane persons
who knew that their acts We're wrong.
would do the wrong act.
i Witness said he examined Judge
4 Loving in his office In Washington ten
4 days ago, and that he felt assured by
the test he made that there was q
disease of his brain. He said he cx-
amined him with various instruments,
and came to the conclusion that he
had pronounced disease OF the brain.
} Witness here went into detailed
A description Of the results Of his OK
b animation. In a word. he found that
the brain OF the prisoner was one
flooded with blood. Witness was then
cross examined by AIR. Bouldin, who
led the witness to state his expert
once in the Washington asylum, in
DR. Hammond's hospital and at his own
hospital in Washington. He said his
experience in Albemarle county. was
with only one patient in 1896.
i Or. Emmons said that a mans intellect
a might recover from alcohol insanity
but the brain Of the man would remair
simpairt,.. Witness said that one OF
two cases of delirium tremens might
cause a diseased brain In some men
while in others more attacks would BIZ
: inquired to produce q disorder OF thu
brain.
K Sharp Passage OF Words.
J Mr.. Bouldin asked this question