The Washington herald., 1907-05-27
ESTES MURDER CASE
Judge Loving Will Be In
dicted To-day.
PUBLIC SYMPATHY DIVIDED
Prominence of Two Families In-
volved Cause of Intense Interest in
Law Again to Figure-Tragic Posi-
tion of Daughter of Accused.
Special to The Washington Herald.

Special 70 The Washington Herald.
Richmond, Va, May 26.-Probably one
of the most sensational cases in the
annals of criminology in Virginia will
be formally called at Lovingston, Nelson
County, tomorrow, when ex-Judge Will
lam G. Loving will be indicted for the
murder of Theodore Estes. whom Judge
Loving accused Of drugging his daughter.
The prominence Of the two families
involved, and the close relation by
marriage Of one of them with the gov
ernor of the State, lend an additional
absorbing interest to the approaching
trial The sympathies Of the people,
with the one side or the other. have torn
the county o Nelson in twain The
political aspcc, Of the situation will in
volve the most prominent and powerful
people in the Commonwealth.
Events Leading TO shooting.
The events leading up to the shooting
are in themselves full Of interest On the
afternoon In question. which happened to
be Sunday, young Estes had an engage
ment TO drive with Miss Mary Kidd.
daughter Of E. L. Kidd clerk of the
Nelson County Court. at whose home
Miss Loving happened to be visiting at
the time. Upon the return Of the young
people from the drive, Miss Kidd sug-
gested that her escort take her guest for
a spin along the country roads, which
suggestion was readily acted upon.
Miss Loving was returned to the Kidd
home in a state bordering upon uncOn-
sciousness. It was necessary to assist
her from the buggy, and into the house.
where she was put to bed, and where
she remained until the following day. A
physician was called to attend the young
woman; Estes, himself. going for the man
Of medicine. The physician is said to
have made a statement, after the death
Of Estes. that he treated the girl for an
overdose of whisky, and that there were
no evidences, and that he never suspected
an assault. Miss Loving. later. is re-
ported TO have acknowledged that she
had been feeling unweIl all day. and that
she took a small drink from a bottle
offered her by Estes. The supposition
is that she took more than she intended,
which may have accounted for her par
tiai uncOnsciousness.
Judge Loving left his home on Monday
with the avOwed purpose Of killing Estes.
He carried his shotgun al the bottom Of
his buggy. He drove first 10 Oak Ridge.
where Estes conducted a store as a
partner Of his father. and was there
directed TO the car on the railroad siding
Driving up 10 the door Of the car. Judge
Loving peremptorily demanded Of two
negroes TO stand aside, and, without any
preliminary warning, shot the young man
down.
After the shooting. when the negroes
started 20 the assistance of the fallen
youth. he told them that It was no use
that he had shot to kill Estes died
before he could be removed from the
car. Immediately after the shooting,
Judge Loving drove to LovingstOn and
surrendered 10 the authorities He made
no denial Of the killing, nor has any such
denial ever been made.
Pleads UnwrItten Law.
Judge Loving was accorded d prelimi-
nary hearing on the folloEing day. at
which time the case was reNaanded 10
the Nelson County grand jury, Judge
Loving being released on bail. Judge
Loving pleaded the "unwritten law IN
his own defense at the preliminary hear
ing. and this defense will probably enter
largely into the actual trial Of the case.
Judge Loving stated that he killed Estes
because Estes had drugged his daughter.
He called attention to the fact that
he did not hunt for Estes on Sunday,
the day Of the alleged crime; but waited
until the following day, after both he and
his wife had an opportunity Of talking
10 the girl, and getting the story from her
own lips. He stated that the girl had
been returned home after the buggy
ride, drugged, and that he had done
only what any man would have done
under similar circumstances. Judge
Loving's lawyers also gave out a similar
statement at that time. The "unwritten
law" feature, as a Justification Of the
action Of Judge Loving. was practically
the sole plea at that time.
It was not until several days later
that 1t became nOised abroad that as
a matter Of fact there had probably been
no assault. In that connection It is al
legged that even If that were true, Judge
Loving actually believed that an assault
had been committed at the time that
Estes was shot by him. Il IS probable
that this allegation alone VIII have weight
TO save him from the scaffold. It being
hard TO convict a man In Virginia for
defending the good name Of his women.
IL he has good reasons 70 believe that
harm has been done TO them.
No Statement from Girl.
No statement has ever been procured
from Miss Loving as to what actually
took place on the buggy drive. She was
removed 10 her home on the day Of the
shooting. and has been kept in close
retirement since. Her every action and
movement are carefully guarded no senti-
ment being allowed to escape from her
lips as to what she will probably say
when placed on the stand. Her testimony
will undoubtedly be the feature Of the
trial. The most intense interest is being
manifested in the probable stand that
she will take
Her position IS one Of the most peculiar
in which a young girl could be placed
II an assault was not committed BY Estes
she will be placed on the rack between
conflicting duties. If she testifes that
Estes offered her no indignities. then she
will publish to the world that her father
killed the man without sufficient provo
cation. and will. herself. be doing more
than any other person. to send him TO a
prison cell or to the gallows.