Daily press. [volume] (Newport News, Va.) 1896-current, 1907-06-28
Slayer Of Theodore Estes Trying
to Prove That He Was N.
sane When He Killed.
CAN'T ATTACK GIRLS TESTIMONY
Judge sarksda'e Will Not Allow Wit
nesscs to Take the Stand Who
Were Ready to Contradict the
Girls Story - Ncighbors Testify
AS to Lovins's High Temper
(ny Assocfated Press.l

d. Wy ASSOCldltU IIGSb.J
HOUSTON, VA, June 27.-The
former Judge Loving who was placed
on trial last Monday for the murder
OF Theodore Estes in Nelson on April
% was concluded at five o'clock this
afternoon. The court adjourned UNI
til 10 o'clock tomorrow morning
when the instructions to the jury
will be argued before Judge Banks
dale
The rapIdity with which the trial
has progressed has been most sur
prising to all concerned. Today
marked Il most important turning i'll
the case, when Judge Barksdale rend-
cred an opinion concerning the adj
instability of certain evidence, the
decision dealing Il heavy blow to the
prosecution.
Yesterday Attorney pan-eI Har-
mon for the prosecution announced
his intention to call witnesses to
show that the story told by Miss
Elizabeth Loving to her father that
she was drugged and assaulted by
Theodore Estes was n fabrication
and that Estes never offered an i'll
dignity to the girl, even suggesting
that there might be another motive
N'.A'h VI Iue Ht4 uclpIlSG Cd
1ected on the ground that tho testi-
mony had no bearing on the case and
whether true or false had nothing to
do with the question OF Judge Low
ing's state of mind at the time OF the
tragedy. Judge Barksdale in Il
lengthy opinion today sustained the
contention of the defense and among
tnH cases he cited as prcccdcnts was
the Thaw trial in New York
Question of Sanity.
After the opinion of the Judge had
been rendered the prosecution began
the examination of number of wit
nesses in rebuttal of the evidence in
troduced by the defense that Loving
was insane ut the time of the shoot
Ing. During the morning seven wit
nesses were examined Most of
these reside in Amherst and Nelson
counties. and have known Judge Low
ing for many years. The trend Of
their testimony was that they had
never heard the insanity of Judge
Loving discussed before this trial
and they had always regarded him
as sane man. with mind superior
II the ordinary. Several further de-
clared that the defendant was high
tempered man and was intolerant if
opinions opposite We're expressed by
him. 1t was ALSO testified that Judge
Loving was an excellent hunter, and
good shot, had served with honor
as judge and had charge of largle
estates.
Expert Says Loving Was Not Insane.
Recess was taken from IL O'Clock
until O'Clock to give the prosecu-
ton time to prepare n hypothetical
question to PROFOUND to an expert on
insanity. DIR. j. S. De Jarnettc super
intendent of the Western State Hos
pital at Stanton. This question was
similar to the one asked DIR. EN-
mons, of Washington, yesterday by
the defense. 1t reviewed the life and
experiences of Judge Loving, his
marriage estrangement from his wife,
his struggle against the whiskey
habit. his trip to an institute for the
cure OF that habit, the account OF the
story told him by his daughter, the
killing of young Estes and his ap-
pearance and actions after the trag-
edy
There were some variations in the
two questions, the defense taking a
more serious view of his appearance
after shooting Estes.
In reply to the question, "What
effect do you think such experience
would have on the mind of this
MANI Dr. De Jarnette said: 81
think he would be very angry from
the provocation that he thought his
daughter had bcen ruined by the
young man. referred to. but not in
sane"
Dr.. De Jarnette testilies that dur
ing his connection with the Western
State Hospital he had under his care
$500 patients suffering from diseases
of the brain. He was closely ex-
amined by counsel for both sides,
MIR. Lee for the defense touched on
numerous diseases. their cause and
effect
DR.. De Jarnette testified as to the
effect Of acute alcoholism on the
brain, the effect of insanity on the
nervous and tissues. the temporary
and permanent results from delirium
tremens, the effect of stress and
strain on the mind, how sudden Joy
excitement horror, disappointment
grief. etc. could affect the mental
faculties. Most of his testimony as