Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-26
SAID LOVING WAS
WRECKED BY DRINK
Testimony of Witnesses in the
Estes Case. K.
DEFENSE HINTS AT INSANITY
Say He Has Reformed, But Never
Recovered. .ru
SPECIALIST FROM WASHINGTON
Both the Prisoner and His Daughter
Badly Tired by Yesterdays :.
Experience.
DEFENSE HINTS AT INSANITY
SPECIALIST FROM WASHINGTON

The trend of the testimony in the
Loving trial today seemed to be to-
ward laying the basis for an insan-
ity defense should it become neces-
sary. The frank confession of the
defendant yesterday that he had
been a hard drinker was followed
by several witnesses today who de-
clared he had been physically and
mentally wrecked by liquor. 1t
was not denied, however, that he
was perfectly sober at the time of
the killing, not having had drink
for two months.
COURT HOUSE, HOUSTON, Va. June
oG.-At the opening of court today in the
trial of former Judge Loving, for the kill
ing Of Theodore Estes, the defendant
looked careworn, the result, no doubt. Of
the serious strain he underwent yesterday
when he took the stand in his own behalf
and heard his daughter repeat the story OF
her carriage ride in the company Of young
Estes. Seated with the defendant were
his son. w. G. Loving jr., and his brother.
Maj. J. T. Loving of Pulaski.
John p. Swanson, w. G. Swanson and
Henry Swanson of DanvilIe. brothers OF
Gov. Swanson, had seats the prosecu-
tons side Mrs. ]. p. Swanson is q sister
Of Estes. and her husband is taking an
active part in defending the memory OF tho
dead man.
The defense has summoned DIR. Emmons
of Washington. formerly in charge OF Ham,
mond's Hospital, to testify on a hypotheti-
cal question as to the effect OF Information
of the character OF that related by Miss
Loving the mind of her father. The
hypothetical question Is about 1,5OO words,
and is practically the same as that pro-
pounded in the Stroller trial
DIR. Charles NJ. Erlmons OF Washington.
for five years connected with the Ham,
mond Hospital, for the treatment of mem
tai disorders. has been practicng his pro-
fession since 1885, and had Jeen engaged in
teaching in Howard University, Washing
ton. Liquor, he said was responsible for
from 20 to SO per cent Of all cases Of In
sanity.
The reading of the hypothetical question
by Mr. Lee followed. the question being a
review of Lovings life and habits, his pro-
fessional career. his financial reverses and
excessive drinking. and the facts of the
tragedy ending with the interrogatory as
to the condition of the mind of such a man.
Loving's Drinking Habits.
Sheriff John P. Beard of Amherst was the
first witness called to the stand. He told
of being familiar with Loving's early life,
his admission to the bar. and of his dissi-
patton and its effects. He said that Judge
Loving twenty years ago frequently had
delrium trenens. While in this condition
he would become desperately ILL., While
sober he was a most amable and agree
able gentleman; drinking, he was just the
reverse.
On cross-examination witness said that he
had only seen Judge Loving with delirum
tremens one time, but II was known that
he had suffered with I'd. T. s. repeatedly.
For at least four years Judge Loving
was never perfectly sober 1t was pro-
tracted spree. He was wholly changed
while drinking growing thin and irritable.
His mind was imperfect and he believed
his physical condition was much impaired.
Judge Loving began his drinking while a
member of the general assembly. Witness
said that such was his opinion OF Lovings
condition that he would not have asked
him to prepare legal paper, nor would
he have asked him for advice.
Loving Worshiped Elizabeth.
Witness Beard said that Judge Loving
was a high tempered man, but mot very
high tempered Loving was not afraid Of
any one. He thought Loving has made
good judge. Witness was not supporter
of Judge Loving when he was candidate
for Congress.
Beverly r. Harrison of Amherst said
that he had seen Judge Loving when he
was under the influence of liquor, and
following protracter sprees witness said
that Loving was as crazy as any man ne
had ever seen Witness said that Loving
his htG dln nj no
began his drinking he had never appeared
the same man.
After the examination of three witnesses
by the defense tending to prove the in
sanity of Judge Loving. court adjourned at
| 1 80 O'Clock. The ACCESSIBILITY of a lengthy
hypothetical question will be argued this
afternoon.
To Clear Estes.
Before all of the testimony in the case
is concluded, it is expected. the attorneys
for the prosecution will petition the court
to order the jury to Nelson county in order
that a drive may be taken over the roads
Travelled by Miss Loving and young Estes.
NJ. h Estes, father of the victim, and
other relatives very anxious that this
step be taken. They argue that the section
being thickly populated and the roads in
plain view of a score or more houses would
render 1t impossible for such a crime as
charged to have been committed without
being witnessed oy a number of people. IL
this step is taken the trial will be continued
for several days longer.
Yesterdays Proceedings.
After Judge Loving had told his story yes
terday the greatest interest centered in the
appearance of Miss Loving. She told her
story with difficulty, though she was ques-
toned as gently as possible by the attor-
neys and the room was cleared Of specta-
tors while she testified Her story corre-
sponded closely with that told by her father
She wore large black picture hat trimmed
with black ribbon. and a heavy black veil
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