Daily press. [volume] (Newport News, Va.) 1896-current, 1907-06-27

described to you?"
1T produces mental disorder"
The witness stated that ten days
ago he made Il physical examination
of Judge Loving ut his office which
he stated he was CERTAIN in sense,
ccrroborated in his opinion based on
tho Hypothetical question The wit
mess then explained how his cxamna-
ton was made, his language Icing
mostly technical. The witness was
asked If insanity from alcoholic OK.
cessives was not permanent His re-
ply was that If dcranged by cxces.
sivo drinking exclusively. this was
true.
Lovlng's Mind Was Diseased.
4 did you find Judge Loving an In
sane man when you examined him?"
was asked the witness.
az found his mind diseased and such
that it would give away under great
stress" he replied
Doctor, you have been here sever.
al days and have seen Judge Loving.
Is he insane now?r
81 do not know"
This reply of the witness provoked
laughter. He explained by saying he
had made no physical examination
here
Tho witness was asked whether he
thought an insane man could perform
the duties of Judge of county courts.
Ills reply was that Il man of high
education could be judge and slill
have his mental defects. Everybody
In the court room had Il laugh ut this
reply. The Witness explained that he
meant no reflection on the presiding
judge In this trial
AT the conclusion of the Testimony
OF DR.. Emmons. the defense rested
and Mr.. Lcc presented statement
That young Estes was unmarried. was
% ycars old. and weighed IFS mounds.
The case of the commonwealth was
ut this point rested.
Objected to Miss kidd's Testimony.
Mr. Douldin for tho state offered
to Introduce Miss Annie Kidd MS their
first witness in rcbuttal to show that
Miss Loving's account of what had
taken place after the buggy ride wits
Incorrect
The defense objected to tho intro
duction and the jury retired while the
ndmissibility of Miss Kidd's evidence
was argued
Mr.. Strobe. for the defense. stated
that the question at issue was what
was the state of mind of the defend.
ant Mt the time of tho killing and the
truth or falsity of the accusation
made by Miss Loving was collateral
and had no bearing on tho case
me only way the testimony of Miss,
Loving could be impcached said Mr..
STROBE was to show that she did not
tell her father what she said she did.
Mr.. Harmon for the prosecution. re-
piled that he wished to disnroyc the
correctness of the story of Miss Ioy
ing and that she merely drank too
much whiskey and got ont of the bug.
Icy after the ride unassistcd ana
walked into the house of AIR. Kidu
and that Mr.. Estes offered her any
indignitv.
Mr.. Harmon stated that the prose
cntion had witnesses to prove that
Miss Loving was neither dlmggcd nor
was brought back unconscious.
Were Observed All the Time.
During practically the entire time
OF the buggy ride, n ycung couple.
were within sight of Miss Loving and
MT. Estes and saw nothing from tho
ordinary" declared Mr. Harmon. lie
further stated that the prosecution
had witnesses who saw Miss Loving
and her escort at the very place
where it was claimed the assault was
committed and would testify that the
dead man offered no indlgnity to the
young lady
Mr. STROBE argued that if cyerv
thing told Judge Loving by his broth
cr-in-law. Harry Sncad and his daugh-
ter was manufactured. it had no hear.
ing on the case. Tho court adjourned
at $50 o'clock this afternoon ana
Judge Barksdalo will render his oDip
ion tomorrow.
Want Jury to Go Over Road.
Before all OF the testimony in tho
case is concluded it is expected the
attorneys for the prosecution will ne
tition the court to order the Jury to
Nelson county in order that a drive
may he taken over the roads travelled
by Miss Loving and young Estes.
NJ. x. Estes, father of the victim.
and other relatives are very anxious
that this step be taken. They argue
that the section being thickly popu.
lated, the road is in plain view of n
score or moro houses would render II
impossible for such crime as charg.
cd to have been committed without
being witnessed by number of PEG
pie.