The Montgomery advertiser., 1907-06-28
GIRLS STORY
 WILL STAND State Won't Attempt to Disapprove It. THE DEFENSE WINS A POINT Miss Loving Will Not Be Elm
 barrassed. Prosecution Introduces Three Insanity Experts to Prove Judge Loving
 sane and Then Closes

Houston, Va, June 27.-The talk ing of testimony in the case of Judge William G. Loving for the murder of Thedore Estes in Nelson county en April 22. was concluded this afternoon. The court adjourned until tomorrow when the instructions to the jury will be argued before Judge Barksdale.
 Today marked a most important turning In the case when Judge Barks- dale rendered an opinion concerning the admissibility of certain evidence. the decision dealing a heavy blow to the prosecution.
 Attorney Daniel Harmon. for the prosecution, announced his intention to cali witnesses to show that the story told by Miss Loving to her father that she was drugged and assaulted by Estes was a fabrication, and that Estes never offered an indignity to the girl, even suggesting that there might be another motive back to the killing. The defense objected on the ground that such testimony had no bearing on the case and whether true or false, had nothing to do with the question of Judge Loving's state of mind at the time of the tragedy.
 Judge Barksdale in a lengthy opinion today. sustained the contention of the defense and among cases he cited as precedents was the Thaw trial in New York. After the opinion had been ren- dered, the prosecution began the ex- animation of number of witnesses called in rebuttal Of the evidence in- troduced by the defense that Loving was insane at the time of the shooting. During the morning seven witnesses were examined. Most of these have known Judge Loving for many years . The trend of their testimony was that they had never heard the insanity of Judge Loving discussed before the trial and they had aiways regarded him as sane with a mind superior to the ordL- nary. Several further declared that the defendant was a high tempered man and was intolerant of the opinions of those who opposed him. It was also testified that Judge Loving had served with honor as judge.
 Recess was taken from l2 until 4 o'clock to give the prosecution time to prepare hypothetical question to pro- pound to an expert on insanity-Dr. J. B. De Jarnett, superintendent of the Western State Hospital at Scranton. This was similar to one asked Dr. Emmons of Washington yesterday by the defense. It reviewed the life of JuuBe Loving, ms marriage, Separa- ton from his wife. his struggle against the whiskey habit. his trip to an in- stitute for the cure of that habit; the account of the story told him by his daughter. the killing of Estes and his appearance and actions after the tragedy
 In reply to the question, What ef- feet do you think such experiences would have on the mind of this manY' Dr. De Jarnett said:-
 T think he would be very angry from the provocation that he thought his daughter had been ruined by the young man referred to, but not insane.'
 Dr. De Jarnett was closely examined by both sides. He testified as to the effect of acute alcoholism on the brain. the effect of insanity on the nerves and tissues. the temporary and per manent results from delirium tremens, the effect of stress and strain on the mind; how sudden joy. excitement, horror, disappointment, grief etc. could effect the mental faculties. When pr. De Jarnett concluded, the prose- cution announced: We rest our case"
 The attorneys for both sides tonight held a conference to prepare instruc- tions to be submitted to the Court to- morrow.
 T. H. McGinnis, a livery stable own CT at Logingston, testified that he saw Judge Loving just a minute before the tragedy occurred. He talked with the