Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-06-28
LOVING SCORES
IN MURDER
TRIAL
GIRLS STORY
CANNOT BE lMPEACHEg
Prosecution Must Confine KeIf
to Proving Former VEinia
Judge Sane at Time W Slew
Young Estes,
lBy Morning Journal special Leased wIre.I

IBy Morning journal Special Leased Wire.
Houston, Va, June 27.-The taking
OF evidence in the case Of former
Judge Loving on trial in the circuit
court Of ColfaX county for the muir
der Of young Theodore Estes In Nell
son county on April ~ was concluded
this afternoon. Court adjourned I'M
I'll tomorrow morning, when the m,
sttuctions TO be given TO the Jury VIII
be argued before Judge Barksdale.
Today Judge Bartsdale rendered an
opinion denying the admissiblIitY OF
e%yidence tending 10 disproye the truth
Of the story Of Elizabeth Loving, the
the plans of the prosecution. At
tOrney Daniel Harmon for the
prosecution. yesterday announced
his intention Of introducin Wit
nesses 10 show that the story told
by Miss Elizabeth Loving to her
father that she was drugged and as
saulted bp Theodore Estes was a fab
rlcation and that Estes never offered
any ludignities to the girl, even sug-
gcsling that there might be another
motive back of the killing. The de-
Tense objected to the Introduction or
such testimony on the ground that it
bad no bearing on the case and
whether true or false had nothing to
DO with the question OF the insanity Of
Judge Loving at the time Of the ira
gedF, Judge Barksdale IN a lengthy
today sustained the contention
Of the defense, and among the cases
ne cited as authority was the Thaw
rial In New York.
After the opinion Of Judge Barlts-
lale had been rendered the prosecu-
ION began the examination Of viii
lesses IN rebuttal Of the evidence in
reduced by the defense that Loving
vas insane at the time Of the shooting.
puflng u morning session seven Wit
lesses were examined. Most of these
4 known Judge Loving for many
ears. The trend Of their testimony
was that they had never heard Tho
insanity Of Judge Loving discussed
before this trial ana they had alway4
e5aiued MN as a sane mar with a
NINA superior To the ordinary. sew
'ral iufther declared that the defend
M was mighty tempered and never
nlefated the opinions or actions OF
nose who opposed him.
recess was taken to give the prose-
.uiipl lline To prepare a hypothetical
question to PROFOUND to an cxpert ON
insanity, Dr. Deiarnette. superintend-
,nt OF the Western state hospital al.
This question was similar
- me one asked Or. Enmons @bf.
washington yesterday by the defense
reviewed the life and ex-pcrionces
u Judge Loving. his marriage. his
separation from his wife. his struggle
Lgalhst the whiskey habit. his trim ia
~ institute Tor the cure Of that habit
ne account OF the story told him bv
us daughter, the killing of young Es-
rs ana ms appearance and actions af-
err the commission Of the crime.
IN reply to the question. "What er-
Get 90 YOU think such experiences
Iould have on the mind Of this MANI
ne witness replied: II think he
Voutd be very angry from the provo
ation that ne thought his daughter
been ruined by the young man
eterred to, but not insane"
T. -. McGlnnis, who conducts "A liv-
IN stable at ~Lovlngton, testified that
70 saw Judge Loving a moment before
he tragedy occurred. He talked win
ne defendant. who asked for Theo-
ore Estes, Witness told him he
h"ught Estes was in a car, and Judge
OWING started in the direction lndi- (
ated. The only evidence Judge Low
lR showed Of excitement was that hl.
was red.
McGinnis ran out OF his place.
mort distance away, when he heard
ne shots and found that Loving had
llled Estes. He talked with Loving
yer a doctor had been summoned
he defendant remarked:
a doctor viii do no good. ! shot
'bid YOU notice anything unusual
Z peculiar about Loving after no !
1ooting ?'
~ did not observe him CLOSELY
'Did O perceive any evidences OF
lental weakness on the day OF the
u cannot say that / did"
Ite defense secured from the Wit
q statement that Judge Loving
'ld 60 him after the tragedy when
why he Killed Young Estes
hirh Theodore Estes took my
lughter out buggy riding ANA
'ugged ANA ruined her"
MCtitnnis is a boudsman of Judge
owing u was summoned as a Wit
'ss hV both sides.
T. L. Kidd county clerk Of Nelson
[ whose home Miss Elizabeth Loving
the night after the buggy ride.
as called.
Mr.. Kidd testified that he had
noWn Judge Loving for years and
gardrd him as sane ana responsible.
hair dozen witnesses testified simi-
MI Boudeu stated that he had a
pothetical question Co put and asked
M adjournment to give him time 10
the question.
The commonwealth announced their
teuttun 10 close their case after the
animation of several insanity ex-
.rts