The Montgomery advertiser., 1907-06-27

the trial of Judge Loving
 der of Theodore Estes 1
 what today. The feature
 closing of the case for -..o ueIense after the examination of three wit nesses for the purpose of proving that Judge Loving was insane at the time or the killing of young Estes and the first presentation by the attorneys for the prosecution of what they intend to prove if certain witnesses are al- lowed to testify.
 The plea of the defense is that the mind of Judge Loving had. after years of dissipation which frequently caused him to have delirium tremens from ex- cessive drinking of whiskey, became so impaired when he heard the story Of his daughter, that she had been drugged and assaulted. he became de- ranged and was not responsible for his action in killing Estes.
 Counsel for the defense hope through the plea of emotional insanity to pre- vent any attempt to impeach the state ments of Miss Loving. The prosecu- tion announced as their first witness Miss Anna Kidd, who they said would disprove the story of Miss Loving. This was immediately objected to and the jury retired after legal discussion was gone into. ~~zf'
 The attorneys for the defense argued that the prosecution had no right to enter into the truth CT faIsity of the story told by Miss Loving to her father, and as an example cited the New York case in which District Attorney Jer- ome was not allowed to impeach the testimony of Evelyn Thaw. Attorney Harmon for the prosecution declared that Judge Loving had acted in haste In shooting Estes, and before the trag~ edy he could have got all the facts and information about the buggy ride without gotng out of his way. The ruling of Judge Barksdale on this point is deemed most important by the counsel as the prosecution claims to have witnesses to disprove every Etafement made by the girl who told the story of her ruin between sobs on the stand yesterday.
 Judges Severe Strain.
 John P. Swanson, w G. Swanson and Henry Swanson, of Danvtlle. broth CTS of Governor Swanson, had seats on the prosecution's side. Mrs. J. P. Swanson Is a sister of Estes and her husband Is taking an active part in defending the memory of the dead man. Sheriff J. Pl Beard, of Amherst County, who has known Judge Loving for years, testified as to the defendant being an excessive drinker and that he had suffered at times from delirium tremens. The witness stated that the dissipation of Judge Loving had conn pletely changed his disposition and that before he started drinking he was pleasant and agreeable, though in later years he had become unreason- able and disagreeabIe.
 Sheriff Berd stated that he knew that Judge Loving was continuously drunk for four years while in Am herst County.
 MT. Harrison, of Amherst, formerly a lawyer, testified along the same line as Sheriff Beard, as to the excessive drinking and the change it had brought on Loving. The witness declared that Judge Loving worshiped his daughter Elizabeth.
 Brain Specialist.
 pr. Charles E. Emmons, brain spe- cialist of Washington, D. C., testified that whiskey caused a large percent age of the cases of insanity. hypo- thetical test is going on over the life of Judge Loving. his trip to an in- stltution for inebriates. his various troubles, etc, coming down to the in- formation given him by his brother in-law. Harry Sneed, and later hts daughters story was presented to Dr. Emmons and his opinion asked as to the status of a man who had under gone the experience outlined.
 AfternOOn Session.
 When court convened for the after noon session Attorney Wood Bouldin, for the prosecution, argued against the admissibility of the hypothetical ques- ton propounded by the defense to Dr. Charles Emmons, During the argu- ment the jury retired. The prosecution desired that the jury be admonished that the statements made in the hypo- thetical question were not conclusively established facts for the purpose of preventing any misapprehension.
 The concluding sentence of the ques- ton as originally prepared read
 What is your opinion of the mental condition and responsibility of the man at the time of the shooting?"
 The defense at the solicitation of the prosecution struck out the words and responsibility"
 The jury was brought in and Dr. Emmons was recalled to the stand. The reply of the witness was that he was mentally deranged." Dr. Emmons eX- plained the effect on the brain tissues of excessive drinking. In his opinion the act of Judge Loving was the re- suit of a diseased mind"
 What effect will great stress have