Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-27
LOVING IS HELPED
BY COURT RULING
Truth of EIizabeth's Story Not
to Be Questioned.
EVIDENCE AS TO INSANITY
No Hereditary faint in the Judges
Family.
WAS COOL AFTER THE SHOOTING
Said It Was Useless to Call Doctor
as He Had Shot to
No Hereditary faint in the Judges
Family.
VAS COOL AFTER THE SHOOTING

The expected ruling of the court
in the Loving trial was delivered
this morning. 1t was in favor of
the defendant and was to the effect
that as Judge Loving was the only
one on trial, the character of Eliza
beth Loving and young Estes did
not figure in the matter. There
fore, there could be no questioning
of the truth or falsity of the girls
story that he had drugged and as
saulted her. No proof has been
adduced of insanity in the judges
family.
HOUSTON, Va, June 27.-Judge Banks
dale, according to his usual custom, con-
vened court promptly at 10 o clock The
jury was retired and the judge rendered his
opinion to the admissibiity of evidence
by the prosecution tending to disprove the
story told by Miss Elizabeth Loving to her
father of her ruin at the hands of Theodore
Estes. The opinion was in favor of Judge
Loving, and the evidence will not be SUBJ
character of the girl, or the character of
the man who was killed, was not the issue,
and the truth or falsity of her story had
no bearing on the case.
T. H. McGinnis, who conducts a livery
stable at Lovingston, testified that he saw
Judge Loving on the day of the tragedy at
about o'clock, just a minute before it oc-
CURED. He talked with the defendant, who
asked for Theodore Estes. Witness told
him that he thought Estes was in a car
and Judge Loving started in the direction
indicated. The only evidence Judge Loving
showed of excitement was that his face
was red.
McGinnis ran out of his place when he
heard the shots a short distance away, and
found that Judge Loving had killed Theo-
dore Estes. He talked with Judge Loving
after doctor had been summoned The
defendant remarked "A doctor will do no
good; l shot to kill"
Did you notice anything unusual or pc
culiar about Judge Loving after the shoot
ing?'
Il did not observe him closely"
Did you perceive any evidences of men
tai weakness the day of the tragedy"
Il cannot say as l did"
"He Ruined My Daughter"
The defense secured from the witness a
statement that Judge Loving made after
the tragedy to him when asked why he
killed young Estes, which was, Theodore
Estes took my daughter out buggy riding
and drugged and ruined her."
McGipnis is a bondsman of Judge Loving
and was summoned as a witness by both
sides
E. L. Kidd, county clerk of Nelson, at
whose home Miss Elizabeth Loving spent
the night after the buggy ride, was called.
Mr.. Kidd testified that he had known
Judge Loving for years, and that he had a
reputation for being great sportsman, and
was good shot. He further said Judge
Loving's handwriting was clear and dis
tinct, and that he had been intrusted with
the care. of large estate. The witness
stated that he never heard of the defend
ant being insane or having hereditary
faint of insanity. He was introduced for
the purpose of showing that the accused
was a sane and responsible man.
w. NJ. Dawson, rural letter carrier of
Livingston, testified that he had known
Judge Loving ten or fifteen years, and re-
garded him as a high-tempered man. Wit
ness had never heard that Judge Loving
was insane.
Opinion of Loving.
j. o. Loving of Lovingston testified that
Judge Loving had very strong will, and
intolerant of those who opposed him in ac-
lions opinions.
He believed everybody was wrong ex-
cept himself" said witness.
did you hear that Judge Loving
was insane.
No
when was the first time you ever heard
it suggested that Judge Loving was in
sane?'
1T was about ten days ago" 1t was as
certained by the defense that the witness
was connected by marriage with the Estes
family.
had detected no indications of mental dis
eases.
John T. Fitzpatrick of Nelson county tes-
titled that he had known Judge Loving for
about twenty years. and had never heard
his sanity questioned. In reply to questions
by defense, he said that Judge Loving
would have remained drunk almost con-
tnuously on the farm and he not heard
of it
Prosecution to Close.
John Horsley has lived near Lovngs-
ton for sixty-two years and had known
Judge Loving for number of years. Wit
ness said that he considered Judge Loving
a very bright man and was of fine physique.
Mr. Bouldin stated that he had a hypo-
thetical question to ask of the wit
nesses and asked for adjournment at noon
to give him time to prepare the question.
The commonwealth announced its inten-
ton TO close it's case after the eXamna-
ton OF several insanity experts.
Yesterdays Proceedings
There were two points of interest about
which the legal battle turned yesterday
One was the question of Judge Loving.
sanity and the other was whether evidence
should be allowed to show whether tn,
confession made to him by Miss Loving was
the truth.
For more than three hours III, attorneys
on both sides made eloquent appeals 10 In,
court and so long-drawn-out was the argu
Inent that IL was not concluded until 53
o'clock AT that hour Judge Barks1ale or
ICont!nuea on Tenth Pase1