New-York tribune., 1907-06-28
LOVING TRIAL ENDS.
Testimony to DisproUe Girls Story
Ruled Ont.

Houston Va. June 27.-The taking Of evidence in
the of former Judge Loving, who placed
on trial in the Circuit Court of Halifax County
here last Monday for the murder of young Theo-
dore Estes in Nelson County on April % was
finished o'clock this afternoon. The court
then adjourned until 10 O'Clock tomorrow morning
when the instructions TO be given TO the jury Will
be argued before Judge w r. Barksdale, the pre-
siding magistrate. The rapidity with which the
trial has gone has been most remarkable and
has surprised practically all who took part
An Important turning point in The case was
marked to-day when Judge Barksdale rendered an
opinion concerning the admlssiblity of certain eV-
dence' the decision dealing a heavy blow to the
plans of the prosecution. Daniel Harmon, for the
prosecution, yesterday announced his intention Of
introducing witnesses to show that the story told
by Miss Elizabeth Loving to her father tnat she
was drugged and assaulted by Theodore Estes was
n fabrication, and that Estes offered any
indgnity TO the girl, suggesting that there
might be another motive back of the killing. The
defence objected 10 the Introduction of such test-
mony on the ground that il had bearing on the
case ana Whether true or false had nothing TO 90
with the question OF the insanity of Judge Loving
a. 'Iie uiie oi ire Tragedy. Judge hhrhSuaie' III Il
q long opinion to-day. sustained the contention or
the defence, and among the cases cited as author
ity was the Thaw trial in New York
After the opinion OF Judge Barksdale had been
rendered. the prosecution began the examination
or a number of witnesses in rebuttRl of the evi-
dence introduced by the defence that Loving was
Insane at the time of the shooting. During the
morning seven witnesses We're examined. Most
OF these live in Amherst and Nelson counties and
nave known Judge Loving for many years. 1 ne
tendency or their testimony was that they had
never heard the insanity of Judge Loving discussed
before this trial. and they had always regarded
MN as 4 sane man. with mind superior TO the
ordinary. Several further declared that the de-
fendant a high tempered and never toll
Grated the opinions actions of those who opposed
him. 1t was also testified that Judge Loving was
an excellent hunter, a good shot, had served with
honor as judge and had charge OF large estates
Recess was taken from 12 O'Clock until O'Clock
20 give the prosecution time 10 prepare hypo-
thethical question to PROFOUND 10 an expert on m
sanity-Dr. J. S Dejarnette. superintendent of the
Western State Hospital At Staunton. This ques-
ton was similar to the asked OF DIR. Emmons
of Washington. yesterday by the defence II re-
viewed thu life and experiences OF Judge Loving.
his marriage, separation his WIFE his struggle
against the whskey habit his trip institu
tion for the cure that habit 'he account of the
story told him by his daughter. the killing of
young Estes, and his appearance and actions after
variations in the questions the defence taking
a more serious view Of his appearance after the
shooting.
In reply to the question What effect do you
think such experiences would have the mind OF
TINS MANI: the witness replied; II think he would
be very angry from the provocauon that he
thought his daughter had been ruined BY the
young man referred TO. but not insane"
DR.. Dejarnette testified that during his connection
his care 500 patients suffering from diseases of tho
brain. He was closely examined by counsel for
both sides. Mr.. Lee, for the defence, touched on
numerous diseases, their causes and effects Or.
Dejarnette testified 10 the effect Of alco-
holism on the brain, the effect of insanity on the
different nerves and tissues the temporary and per
manent results from delirium tremens the effect
OF stress and strain on the mind. and how sudden
JOY. excitement horror. disappointment. grief etc.
could aftect the mental faculties Most OF his tes-
umony as well the questions asked OF him. was
OF a technical nature. When DR.. Dejarnctte left
the stand the prosecution announced that II rested
its case.
tonight 10 prepare Instructions be submitted to
the court tomorrow.