The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-28

words OF the opinion told nothing. and
II was not until Ills Honor had read
\ for perhaps FIVE minutes That, with
seigh OF relief, counsel for tho prisoner
tsmiled with tho satisfaction of victory.
s.The opinion OF Judge Barksdaie was
luminous and Learned, and VIII be
read with interest by every lawyer of
sthe state, Every one felt that with
stha exclusion OF evidence tending TO
eclear the character Of Estes and dis
credit the story which resulted IN his
death tim end WAS rapidly drawing
near, and this subsequently proved
gkruc, for while eight witnesses were
Btalled TO the stand BY the prosecution,
Z but ono of tllem gave testimony OF any
Il moment, and nearly all of them escaped
oss.eXnmination at tile hands of the
3Hefense,
gF The exception was Or. De Jarnette,
INSANITY expert for the prosecution,
who was called to the stand later
y in the afternoon after several hours
had been consumed by the Common
{wenlth in the preparation OF hSpo-
a&hetical question framed to discredit
stthe testimony OF DR.. Emmons, the
7 expert placed on the stand yesterday
by the defense An amusing incident
Gin this connection was the fact that
sithe hypothetical question had been
drawn and was all ready, but the facts
supon which it was based were not
Forthcoming in the examination of The
witnesses placed on the stand during
the morning, ana so the paper had to be
redrawn. The Hypothetical question,
4 which Is printed in full elsewhere, told
the story of the tragedy from the
standpoint of the prosecution, ana
when Mr. Hartman asked Or. De Jar
nette to say what was the mental con-
diton of the man described the eX-
pert answered: "lIe was very angry
ITO the provocation, and not insane
h On oss-eXamination DR.. Dc Jar
nette answered freely the questions
put by Mr.. Lee, and did not hesitate
TO make statements III several Incl
ydents which favored the accused. Ono
was when he said that sane man
would probably have acted Just MS
Judge Loving did and another was
q statement to the effect that Judge
Loving might have been insane when
he killed Estes. His exact WORDS Were:
.'Thcrc is II possibility OF in
sanity, but In the Judges ease 1
think it was intense anger. and not
insanity"
DE JARNETTE'S TESTIMONY
WILL BE DRIVEN HOME.
This acknowledgment of a possibil-
ity of insanity may play an important
part in the argument before the jury
of counsel for the defense, for under
the law the jury will be instructed
that the prisoner is entitled to the
benefit of any doubt, and this point
will certainly be driven home by the
lawyers for the accused.
At the conclusion Of Dr. De Jarnette's
testimony Mr.. Bouldin announced that
the evidence was all in, and asked that
court adj journ and take UP the matter
Of Instructions tomorrow.
1t is said by counsel Tonight that
the morning session Tomorrow will
be consumed in arguing the instruc-
tons. which were placed in the hands
of Judge Barksdale tonight. The in
structions offered BY the defense arc
practically the same asked by the ac-
cused in the Strother case tried at
Culpeper. Argument before the jury
Will begin after recess Tomorrow Mr.
Daniel Harmon opening for the State.
He will be followed by Messrs. Strobe,
Barksdale. Moore and Lee for the de-
Tense. and Mr.. Wood Bouldin will
close for the Commonwealth. Mr..
Whitehead Will not take part
OF the opinion that the case will
( go to the jury Saturday, night, and the
question is whether a verdict Will be
reached by midnight or whether the
jury Will be locked UP until Monday
morning. That this verdict will be
not guilty is the opinion of the great
majority of the people OF Halifax, and
IT is probably safe to assert that it
either be En- acquittal or hung jury.
One Of the strangest incidents OF the
trial Is the fact that not single ex-
ception han been noted by the defend
tiits counsel, which would lndica tie
That they are confident of an acquittal.