The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1905-08-05
II. II. Loving Arraigned In Pc.
lice Court on Murder Warrant
Only One Witness Heard up 10 Noon
The Case May Not BE Con-
cluded Today.
THE DEFENDANT WILL TESTIFY

The preliminary hearing of II. II.
Loving, charged with the wlful
murder of Herbert A. Rose. began
this morning at the city hall before
Special Judge ID. A. Cross, and will
probably not be finished today, un-
less there is a night session. After
the taking of the testimony, which
will necessarily be slower than yes
terday at the coroher's inquest, be-
cause the trial is more important,
arguments will consume some little
time.
Attorney Hal Corbett, for the de-
tense. said this afternoon that the
defendant Mr.. Loving. would be
| put on the stand. He declined to
say what his client would testify,
but did say 81 have had a great
many criminal cases during my
practice, but | never had one in
which there was more perfect de-
Tense than in this one"
The attorneys for the common
wealth today are County Attorney
Eugene Graves. Attorney w. F.
Bradshaw. Sr., and Attorney John B.
Wickliffe, of Wickliffe. For the de-
tense, Attorneys Hal Corbett, Tom
Harrison and Flournoy & Reed
The case was called about 10
O'Clock but on account of the alb
sence of witnesses. was left open un-
til 1880. Mr.. V. J. Blow, one of
the witnesses. was then reported at
Bardwell and ii was said could not
reach here today and 1t was agreed,
in order not to put OFF the trial, to
accept his testimony given yesterday
at the inquest. and read II from the
stenographic copy.
The theory the commonwealth
will strive to establish is that the re-
cent business relations of Loving
and Rose had developed bitter
feeling between them. That Rose had
threatened to expose Loving and to
make 1t warm for the firm out of
which he had been kicked, and that
Loving left Rose in his. Loving's Of
frce, deliberately went home after his
pistol, and returning walked into
the room and shot Rose down as
Rose was trying to reach window
and escape not giving him the slight
est chance for his life. and probably
shooting him once or twice while he
was down. That Loving went home
for the pistol for no other purpose
than to shoot Rose and that he did
not shot Rose in self-defense or be-
cause he was in fear of his life.
The defense will undertake to
prove self-defense. 1t will undertake
to show, it is claimed, that Rose
went to Mr.. Loving for money, not
to make him sign a paper, or for
anything else. That he made threats
of bodily harm then. and had made
them for several days, and that when
Loving went back after getting his
pistol, Rose started towards him
with his hand in his pocket in a
threatening attitude. One strong
point that the defense expects to
make is that the shot it is generally
admitted struck Rose first. the one
in the side, paralyzed him and caus-
ed him to fall instantly, and that
to have fallen where he was found,
near the door, shows conclusively
that he was going towards Loving,
and was very close to him, when shot
and he fell.
The preliminary hearing is simp-
ly for the purpose of deciding wheth-
er to hold the prisoner over without
bail, or to grant bail. The coroner's
inquest has no bearing on the pre-
liminary trial and the preliminary
trial has no bearing on the final dis
position of the case. II bail Is refus-
ed at this preliminary hearing.
writ of habeas corpus can be taken
out before the circuit Judge, and a
motion for bail then be made and
the evidence heard and bail allowed
or refused.
But no matter what is done with
the case now, the grand jury in Sep
TENDER decides finally. and may Ell
Their indict or nolle pros.
Attorney Hal Corbett said today
that he knows that Rose had gone to
Loving's Office for money Thursday
morning. One of Attorney Corbett's
clients. Mrs. Hamiltons had prop
erty that had in some way become
A. -. n l.. 4.