The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-06-28

pletely changed his disposition and
that before he started drinking he was
pleasant and agreeable, though in later
years he had become unreasonable and
disagreeable.
Sheriff Beard stated that he knew
that Judge Loving was continuously
drunk for four years while in Amherst
county.
Mr.. Bouldin. of counsel for the pros
ecution, attempted to bring from the
witness a statement that Judge Low
ing had always been a high tempered
man and had no liberation 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 answer was mo"
B. R. Harrison, of Amherst, formerly
a lawyer, testified along the same line
as Sheriff Beard as to the excessive
drinking and the change it brought
on Loving. The witness declared that
Loving worshipped his daughter Eliz-
abeth DR.. Richard L. Emmons, a
brain specialist, of Washington, D. e.,
testified that whiskey caused large
per centage of the cases of insanity.
A hypothetical going over the life Of
Judge Loving, his dissipations, his
trips to an institution for inebriates,
his various troubles, ETC., coming down
to the information given by his broth
er-in-law, Harry Snead, and later his
daughters story, was presented to DR..
Emmons and his opinion was asked as
to the status of man who had under
gone the experiences outlined.
Attorney Wood Bouldin, for the
prosecution, argued against the ad
missibility of the hypothetical question
propounded by the defense to DIR. En-
mons. During this argument the jury
retired.
The concluding sentence of the ques-
tion as originally prepared, read:
What is your opinion of the menta!
condition and responsibility of the
mans mind at the time of the shoot
ing?"
The defense at the solicitation of
"and responsibility"
The jury was brought in and DR..
Emmons was recalled to the stand.
The reply of the witness was that he
was mentally deranged."
Dr. Emmons explained the effects on
the brain tissues of excessive drinking.
In his opinion "the act of Judge Low
ing was the result of diseased MUD"
What effect will great stress have
on q mind diseased as this one has
been described to you?"
'It produces mental disorder
The witness stated that ten days ago
he made a physical examination of
Judge Loving at his Office, which he
stated was certain in a sense, corrobor-
ated his opinion based on the hypo-
therical question. He explained how
his examination was made. his Ian
guage being mostly technical.
The witness was asked if insanity
from alcoholic excesses was not per-
manent. His reply was that if derans-
ed from excessive drinking, exclusi !e-
ly this was true.
''Did you find Judge Loving an in
sane man when you examined hin? ?"
was asked witness Emmons.
t'I found his mind diseased and such
that it would give way under great
STRESS" he replied.
Doctor, you have been here several
days and have seen Judge Loving; is
he insane now?"
'rI do not know"
This reply of the witness provoked
laughter He explained by saying lie
had made no physical examination.
The witness was asked whether he
thought an insane man could perform
the duties of judge of a county court.
His reply was that man of high ed
ucation could be judge and still have
some mental defects Everybody in
the court room had laugh at this re-
ply. The witness explained that he
meant no reflection on the presiding
Judge in this trial.
Before all of the testimony in the
case is concluded it is expected the at
| torneys for the prosecution will petl--
! ton the court to order the jury to
| Nelson county il order that a 1rive
may be taken over the roads Travelled
| by Miss Loving and young Estes.
M. K. Estes. father of the victim.
and other relatives are very anxious
| that this step be taken. They ar.de
| that the section being thickly populat-
| ed and the roads in plain view of a
score or more house would render it
impossible for such crime as charged
to have been committed without beng
witnessed by number of people.
DESCENDANTS OF SIGNERS