Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-06-28
Loving Murder Trial Will
Go TO the Jury Today.
Defence Scores Point When Fa.
Voring Opinion Is Given.
Court In Making Decision Quotes
Thaw Case as Precedent.

Houston, Va, June 27.-The taking
al evidence in the case of former Judge
Loving, who was placed on trial in the
circuit court of Halifax county here
last Monday. for the murder of young
Theodore Estes in Nelson county on
Arril -. was concluded this afternoon.
The court then adjourned until tomor-
row morning, when the instructions to
be given 10 the jury will be argued
before Judge w. L. Barksdale, the
presiding magistrate. The rapidity with
which the trial has progressed has
been most remarkable.
Today rIarlCd an important turning
point in the case, when Judge Banks
dale rendered an opinion, concerning
the admissibility Of certain evidence,
the decision dealing a heavy blow to
the plans Of the prosecution. Attorney
Daniel Harmon for the state yester-
day announced his intention Of intro
ducing witnesses to show that tho
story told by Miss Elizabeth Loving
10 her father that she was drugged
and assaulted by Theodore Estes was a
fabrication and that Estes never Of
fcrcd any iNdignitics to the girl, even
suggesting that there might be another
motive lack of the killing.
The defence objected to the intro
ductiDn ri such testimony on the
ground that it had no bearing on the
case and whether true or false had
nothing t. do with the question Of the
insanity Of Judge Loving at the time
Of In" tragedy. Judge EarkSdalc. in Il
length" opinion, today sustained the
contention of the defence and among
the cases h" cited as authority was
tlo famous Thaw trial in New York.
After the opinion of Judge Barkstlalc
had been rendered. the prosecution be-
gan the examination or a number of
witnesses in rcbuttal of the evidence
introduced ny the defence that Loving
WIS 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 tendency oC their testimony was
that they always regarded him as q
sane man with mind superior to the
ordinary. Several further declared
that the defendant was a high tenn
rcrcd man. 1t was also testified that
judge Loving was an excellent hunter,
good SHOT and had served with honor
az 4 judge ana had charge Of large
e9tatcS
Hypothetical question propoundcd
t" I'r J. S. ncjarnrttc. superintendent
Of IN" Western Insane hospital. re-
viewed the experience Of Judge Low
lnC. ana his appearance ana action ar
ter the commitment of tho crime In
reply t" questions "What cfrc"t do you
think such Experiences would have on
the mind Of this man
TIL" witness replied ~ think H.
world u" very angry from the provo
cati'n that h" thought his daughter
had boon ruined ~ the young man
r'''rr"d Ia. lat not insane"
l'r. I'riarncttc wty closely examined
hr r"ra NJ fur lnth sides. Br. D,jar-
n"i'" testified as a. tn. effect ~ acute
alcoholism on the brain. the effect Of
insanity IN tho different nerves and
tissues. he Temporary AMI permanent
results from dc!ir.um trcmcns. the ~
l'rt ~ stress AMI strain on tho mind.
''c.. would effect tho mental faculties.
Most Of his testimony as well as the
questions asked him were Of a tcrhni-
cal nature. When he left the stand.
A'ty. Wood Eouldil for the proScCu-
ti"n said: we ru.7t our case" The at
trH"yS on both sides tonight hold a
'"hirr"n'" to prepare instructions to
De submitted to the court tomorrow.