Daily press. [volume] (Newport News, Va.) 1896-current, 1907-06-27
Judge LoVIng's Lawyers Going to
Last Ditch 10 Prevent RsbuttaI
Testimony Being Offered.
PLEA, INSANITY BECAUSE OF DRINK
The Unwrittcn Law Seems to Have
Been Abandoned by the Defense
and They Arc Dcvotins All Their
Energies to Prevent Miss Lovngs
Story from Being lmpeachcd.
(Ry Associated press.l


HOUSTON. VA, Juno oG-Intercst
In the trial of Judge Loving for the
murder of Young Theodore Estes lag
ged somewhat today. The features
were the closing of the case of the
defense after the examination of three
witnesses for the purpose of proving
that Judge Loving was insane at the
time of the killing Of young Estes
and the statement by tho ATTORNEYS
FOR the prosecution of what they in
tend to prove If certain witnesses
are allowed to testify.
The plea of the defense is that tho
mind OF Judge Loving had suffered
from the effects Of dissipation and de-
lirium tremcns that he became so
impaired that when he heard the
story of his daughter Miss Elizabeth
Loving. that she was drugged and as
saultcd. he became dcrangcd and was
not responsible for his act in killing
Estes. Counsel for the defense hope
through the plea Of emotional insani.
ty to prevent any attempt to impeach
the statement of Miss Loving.
The defense rested their case thi;
afternoon ana the prosecution an.
nounced as their first witness in re-
buttal Miss Annie Kidd, who IT is said
would disprove the story of Miss Low
ing. This was objected to ana the
jury rctiyed after which lengthy
legal discussion was gone into. The
attorneys for the defense argued that
the prosecution had no right to enter
into the truth or the falsity OF the
story told by Miss Loving 10 her
father and cited the New York case
in which District Attorney Jerome
was not allowed 10 impcach the tes-
timony of EVELYN Thaw.
Attorney Daniel Harmon, for the
prosecution. gave the first public nrc.
sentation Of the case from the Estes
viewpont In an impressive address
he declared that Judge Loving had
acted in haste in shooting young
Estes as he could have gotten all
the facts and Information about the
buggy riding without going ont OF his
way Continuing he said: as human
life so cheap that YOU or may he
shot down on the mere statement of
one individual? Judge Low
ing conld have gone TO the home Of
Mrs. Kidd only block away and
where his daughter spent the night.
and have found ont the facts. as The
relations of the two. families werc
very intimate. The physician who
made the examination lived block
away from the scene of the shooting,
but he never consulted him.
and who knows, but tina, he did
close his eyes 10 real facts? The
very spot where the crime is ALLEGED
to have been committed was in plain
sight of Livingston Tho remaining
contents of the flask Of whiskey al
legged to have been druggcd was Civ
Ell man ut Lovingston and ii worked
no i'll effects on him. The buggy ride
and what occurred on that ride was
the source of all of the trouble. Is
all the light on the case to be turned
on the other side? The law is for
the protection of the citizen. A cit
izen of this commonwealth has bacn
shot down. What had been done?
Should not the jury be acquainted
with these facts?"
Don't Want Miss Loving lmpeached.
Mr.. Moore, who responded quoted
numerous cases. where such evidence.
has been excluded and said that the
defendant was entitled to the same
right that has been accorded in many
other courts.
Judge Barksdalc will rule on this
lulnl tOlllOIIbM- IL 10 uCpllCu lnoSi
important by the counsel in the case,
as the prosecution claims to have
witnesses to disprovc every statement
made by Miss Loving, who told the
story of her ruin between sobs on the
stand Yesterday.
Sheriff John p. Beard. of Amherst
county, who has known Judge Low
ing for years was the first witness
today. He testified as to the defend
ant being an excessive drinker and
that he had suffered mt times from
delirinm tremens. The witness stat
ed that the dissipation OF Judge Low
ing had completely changed his dis
position and that before he started
drinking he was pleasant and agrcca-
BILE though in later years he had he
come unreasonable and disagrecablc.
Sheriff Beard stated that he knew
that Judge Loving was continuously
drunk for four years while in Am
herst county. Mr.. Bouliin. of coun-
sci for the prosecution. attempted to
bring from the witness statement