Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-27
LOVING IS HELPED
BY COURT RULING
CONTINUED from First Page.)

concerned that has been touched upon
since the trial began arose just after DIR.
Charles L. Emmons of Washington, an in
sanity expert. who had been called to testi-
~ in behalf of Judge Loving, was excused
as a witness. After he left the stand Dan
lei Harmon. who Is assisting in the prosecu-
ton. announced TO the court that the COM
monwealth desired to call Miss Anna Kidd
of LovingtOn. for the purpose OF proving
that the statements made by Miss Loving
to her father regarding the incidents sur
rounding the alleged assault upon her by
Theodore Estes were not true.
In an instant Mr.. Lee. counsel for the de-
Tense, was upon his feet and entered an OBJ
lection to the calling of the witness to tes-
tify to something which really had no bear
ing on the case now on trial. The counsel
for the defense took the ground that 1t was
not a question whether Miss Loving, while
upon the stand. told the truth, but whether
these statements communicated 10
Judge Loving by his dau liter, and, acting
upon that Information, he took the life OF
young Estes.
A Legal Battle.
They contended that the commonwealth
had the right to produce witnesses to show
that Judge Loving did not receive informa-
ton concerning the alleged wrong COM
mstted upon his daughter by Estes, but
that under the rules laid down by the
courts no evidence permissible that
was not of the character SO stated, es-
nCClallN al TINS stage OF lle TRIAL
Mr. Harmon and his associates argued
most forcibly against the stand taken by
the defense. The former in an impas-
stoned plea. Contended that it was the only
manner or method by which they could
prove the innocence OF Estes: that the evil
denCe under consideration should not be
excluded by the court. because II opened
up an avenue of evidence by which the
state intended to prove to the Jury that
the daughter of the accused was not drug
ged; that she was not unconscious when
taken to the Kidd home but was intoxl-
Gated, and that she did not speak the truth
when she told her father that young Estes
had attempted to assault her
Opinion of DR.. Emmons.
DR. Emmons of Washington in his ex-
animation was asked whether the use of
whisky could produce insanity.
DIR. Emmons said that, in his opinion.
Judge Loving was temporarily deranged
when he killed Estes
Does an excessive use of whisky bring
on insanity" asked Mr.. Lee.
yes" replied the witness.
How does ii bring about insanity"
ut causes a change in the structure OF
the blood vessels, and even in the blood
vessels themselves. which destroys the It's
sue which goes to make up the BRAIN and
when this tissue is destroyed it is re-
placed by an inferior tissue, which leaves
the brain in a diseased condition"
DO you consider the power to distin-
guish between right and wrong a proper
test of insanity?'
mo. ] do not. because a man may have
the right idea about some things, while
on others he may not be governed by the
same thought relating to these particular
things, and therefore, might not always
be able TO form correct idea as to the
course that he might pursue"
What Examination Revealed.
Answering an interrogatory as to whether
or not he ever had occasion to examine
Judge Loving, the witness said that the &C.
cused had undergone thorough examina-
ton by him few weeks ago
Did this examination asked Mr.. Lee,
confirm your opinion expressed regarding
the sanity of the prisoner
1T did"
DR.. Emmons was excuced. and Mr.. Lee
arose and stated to the court that the de-
tense would rest their case.
After the jury had been withdrawn from
the courtroom for the third time during the
day Prosecuting Attorney Bouldin adj
dressed the court and stated that the COM
monwealth desired to produce Miss Anna
Kidd for the purpose of showing that Miss
Elizabeth Loving, in making her statement
TO the jury, was mistaken relative to the
beginning of the ride which eventually
ended in the killing of Theodore Estes.
Miss Loving's Veracity Questioned.
The introduction of such evidence was
opposed by Aubrey E. Strobe. counsel for
the defense Mr.. Strobe took the stand that
the truth or falsty Of the statements made
by the witnesses while upon the stand did
not enter into the question at all. All that
the defense Is compelled to show is whether
or not these statements were communicated
to the accused
The only way open for the commonwealth
TO introduce testimony of this character
Mr.. Strobe contended, was to produce wit
nesses to testify that Miss Loving stated to
some one that she did not tell her father
the things that she told the jury that she
related to him. All other testimony he ar
gued, is irrelevant TO the issue and should
be ruled out by the court
Arguing in favor of the admission of Miss
Kids testimony. Daniel Harmon, Who is
young woman should be allowed to go on
the stand, as it would tend to proc that
the daughter of the accused did not tell the
truth when called as a witness.
To Disprove Assault Charge.
We not only want to prove that Miss
Loving was mistaken in the statements
made TO Judge Loving, said Mr.. Harmon,
'but the commonwealth purposes to pre-
sent evidence for the benefit of the Jury
which will show that the girl was not as
saulted during the drive on that Sunday
afternoon that she was intoxicated and
not unconscious when she taken to the
Kidd home in Lovington; that she got out
OF the buggy and walked rpstairs alone and
that she made the statement that she had
tdheH TOO IdTSe a drink ana that was her
only trouble.
We will also show that Miss Loving was
not on the road alone but that during the
entire drive there party directly be-
hind Theodore Estes and Elizabeth Loving
and would have seen any attempted assault
had such an attack been made ON the girl
by the dead man."
Mr. Harmon also stated that the common
wealth intended to show that the balance
of the liquor which Miss Loving claimed
was drugged was drunk by a citizen of
LovingtOn and that it produced no i'll eff
feCts.
Says Loving Acted Too Hastily.
In short" continued Mr.. Harmon "if
we are given the opportunity we will show
the jury that Judge Loving acted too
hastily and did not take steps to ascertain
the truth of the information impaired to
him as a prudent man should have done
Judge Loving made no such attempt
While driving through Lovington on his
way seeking the life of Theodore Estes he
was within few feet of the Kidd home
where his daughter was carried in an al
legged unconscious condition after the al
legged criminal assault had been attempted
upon her. Yet he did not take the precau-