Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-06-25
THE LOVING TRIAL.

Barksdale, at HallIax county yesterday
for the murder of Theodore Estes, at
Oak Ridge, last April %. No difficulty
was experienced in the selection Of
jury during the morning session.
The following compose the jury: w.
NJ. Register, w. 3. Powell, w. T. Aren-
dali, G. d. S. Farmer, G. O. Jackson,
J. l.. Hardy, B. S. McCraw, ]. NJ.
johnson, ]. Il. Sneed, @. II. Manning,
George T. Carter, and w. j. Lacy.
Clerk Craddock then read the indict-
ment, Judge Loving standing erect. The
court announced that the court would
convene at 10 O'Clock, have recess from
II to 2 for dinner, and continue until
$3.50 In the afternoon. At noon, at
the suggestion of counsel, q recess Was
taken until 2 o'clock.
In the afternoon the State completed
the presentation of its evidence in two
hours, and the accused was placed on
the stand as the first witness for the de-
Tense.
The State introduced a dozen of The
sixty -four witnesses who had been sum-
moned in making its direct examination,
and in this number no new facts were
adduced. The two colOred men who
we're at the car at the time of the shoot
ing told of seeing Judge Loving approach.
that Estes was informed Of the fact and
also that Loving lad a shotgun.
Estes, said the witnesses, made no at
tempt to conceal himself and did not try
to get out of the car, paying absolutely
no attention to the action OF Judge Low
ing. They told how Judge Loving had
entered the car, made remark to Estes
sbout taking the ladies out driving and
dragging them, and then firing load of
buckshot into the boy as he stood with his
hands uplifted.
Estes had made proteststion to The
Judge, but had not been needed, the irate
father raising the gun a second time and
firing the remaining charge into the
young mans neck, almost severlng HE
head. Estes fell to the floor and died 10
few moments.
Russell @. Brown, little white boy,
told Of hearing the reports of the gun, OF
seeing Judge Loving leave the car, and
of his breaking down the gun and throw
ing the shells on the ground. These the
boy picked up and gave to the officers
when they asked for them.
The officer who arrested Judge Loving
told Of taking possession of the gun and
of the finding of four loaded shells 10 his
overcoat pocket. All these were pro-
duced in court, along with the gun and
the clothing Estes wore at the time of
the shooting. These CORY relics caused
a shudder when they were displayed, the
undergarments being literally perforated
by the buckshOt which the cartridges
contained. When the last of the dozen
witnesses had been heard Attorney Wood
Bouldin arose and made the brief state
ment: "rhe prosecution rests its case"
The announcement came as a surprise
to The spectators, and to the defense,
though the defense was not wholly un-
prepared to hear the announcement.
That other witnesses will be called
in rebuttal is known, and the belief ex-
lists at this time that strong efforts are
to be made to discredit some of the state
ments which are to be made By the
defense.
II may be that an attack on Miss Low
ing's evidence will be made, but this
cannot be Stated with certainty. The
prosecution is in the position of having
proved the killing, and will be able to
force the defense TO play its hand before
the State is called TO put in rebuttal.
1--WE will call Judge William G. Low
ing as the first witness for the Defense"
announced John l.. Lee, who is leading
10 the case, though Aubrey E. STROBE is
senior counsel. Judge Loving arose with
calmness and deliberatioD, walked over
to the clerks desk, and listened to the
oath. He imprinted kiss on the Bible,
turned, and walked c0olly to the witness
stand. His counsel asked him concern
ing his age, residence, occupation, family
relations, and settled back to listen to
his narration of the facts in connection
with the shooting.
Judge Loving, after saying that he had
practiced law, been in the general assem-
bly,, and was nov manager of the estate
Of Thomas F. Ryan, of New York, took
up the matter of being told ofthe alleged
conduct Of Young Estes toward his daugh-
ter, Miss Elizabeth Loving, while out
driving Sunday afternoon, April 81. He
said that this information had come to
him through Harry Sneed, his brother-in-
law, who had come into possession of
them while at Lovington.
Snoed has declared that he believed it
to be his duty to tell the girls father
of what he had been told, and he did 80
after a great deal of hesitation.
Judge Loving had barely more than
sta rted a recital of what Sneed had said
when the State interposed serious objec-
ton, saying that what had been told the
witness was hearsay only, and was irrele- |
want and improper as evidence. The
jury was directed to leave the court
room, and The argument, the first 10
connection with point in the case,
was ON. The State contended with |
vehemence that it was not proper to
permit such evidence 10 go to the |
jury, citing authorities to subs'antiate
its side The defense was quick to come
back With the statement that the evil
denee was correct and proper, and that
its object Was to show the character of
the report and to allow the jury to form
its own conclusions as to the impression |
it had made on the witness.
For more than an hour the lawyers