Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-25

with the Surrendering of Loving to the
MAGISTRATE and the fact that Mr.. Maginnis
accompanied him. 1t Tailed in every re-
spect with what had previously been told.
Witness sad that the shells were some
which he ordered during the fall, when
deer were reported in the neighbOrhood.
Judge Loving said he had shot to kill.
He told Of loading the gun after alighting
from the buggy at Oak Ridge.
He then took up the question of the use
of liquor by himself. saying that he had
been at one time slave to the habit. and
for several years he had drank nothing. In
1895 and again in February of this year he
had been on two sprees, necesstating the
presence of a physician. Since February OF
this year he had not taken a drink. After
being asked few questions by the prose-
cutiOn the witness was excused. He was
on the stand forty-five minutes.
Harry Sneed. an uncle of Miss Loving,
was called to the stand. He related the
communication made by him to Judge Low
ing. The recital was merely a confirmation
of the narrative as related by Judge Low,
ing. Witness talked rather low and
slowly. There was only one discrepancy
between Sneed and Loving. Sneed said
that he told Loving Of the reports involv-
while Loving had said 1t was about o
o'clock.
Testimony Of Sneed.
Harry Sneed, who lives on the Oak Ridge
farm and who Is assistant manager Of the
estate of Thomas F. Ryan, was the next
witness. He related that on the morning
of the tragedy he told Judge Loving that
he had been sent for to see Miss Elizabeth
Loving and found her in a drunken condi-
ton He also testified about meeting Miss
Elizabeth and Theodore Estes In a buggy.
The testimony of Sneed regarding the con-
versatiOn was much drawn out and went
more into details. He was asked II he had
not stated on the stand a great deal more
than he told Judge Loving. The witness
replied that he had not Sneed stated that
when he found Miss Loving she was I'M
DIR. Strother.
Did you ride off very rapidly to overt
this meeting OF Theodore Estes by Judge
Loving when you heard that Loving had
left his Office with a shotgun?
The witness replied that he had followed
Judge Loving. but did not know what his
motive was.
when you returned the second time to
see Miss Loving were you satisfied with her
condition.?
Il do not know whether 1 was satisfied
or not"
did you tell Judge LONG that Theodore
Estes brought Miss Loving back late at
II did
hour Theodore Estes and Miss Loving re-
turned to Lovingston and about the hour
the sun goes down in this section during
April. He replied that he did not know
torney Bouldin, Sneed stated that he had
paid sick call on young lady after he
left Miss Loving
Sneed was asked IL he had not gone after
Judge Loving at the instance Of Mrs. Low
ing. The defense objected to this question
and ii was ruled out.
Court then took recess until 2:15 pm
Yesterdays Proceedings.
The state made short work Of it's case,
resting on the first afternoons session
Judge Loving himself was the star witness
for the defense. but was interrupted on the
ground that he was giving hearsay evil
dence.
AS he mounted the stand Judge Loving
seemed to suffer with his old nervousness.
AS he sat down and turned his face to the
spectators the accused wore 4 tired care
worn look. and as he uttered the few words
that he was allowed to say before the halt
on legal points began he shifted continually
in his chair with bowed head.
He began his remarks in low tone,
hardly audible outside of the bar rail- As
At one time while upon the stand the
accused ventured to glance at the jurors
as he told his brief story. but the thought
OF being held a prisoner In his native state
apparently got the better of him, and,
clutching the arms of his chair tighter. he
dropped his head. to keep it there until he
was allowed to leave the courtroom.
Outline of His Career.
The questions asked the prisoner were
propounded by Mr.. Lee. one of the attor-
heys for the defense.
In compliance with a request to tell the
jury something about himself, Judge Loving
said that he was born in Virginia, and that
in 1885 he left his fathers home and went
to Richmond as a member of the general
assembly. During the fall of that year he
married Miss Sneed, and upon his return
from Richmond, in 1886. he moved to Am
herst Court House, where he practiced law
until 1893. In 1898, he explained to the
jury. he was elected a circuit judge and
remained on the bench until 1904. The next
year he accepted position from Thomas
+. Ryan as superintendent Of his stock
farm, near Oak Ridge Va
Referring to his family. Judge Loving
went on to say that he had two children, a
boy and a girl, the latter being Miss Eliza
beth Loving, one of the principals in the
case.
Cut Short by Harmon.
Coming down to the alleged wrong COM
mitted upon his daughter. Judge Loving
was In the act of telling about the Informal
ton that he had received from his brother
in-law regarding the occurrence on the
previous day. when he was cut short by
an objection from Mr.. Harmon, who is as
sisting in the prosecution of the case. The
attorney for the prosecution called the
courts attention TO the fact that Informal
ton received by other persons was not evil
QSnCe ana quoted authorities TO SubStan-
tate his contention.
1T seems TO me-" said he that the de-
Tense Is paving the way to reduce the
charge from deliberate murder to man
slaughter and we do not propose to see it
done by admitting such evidence"
I'VE are trying to make the charge a
lesser one" the rejonder that came
from Mr.. Lee. but do not propose to
stop here We will produce witnesses to re-
move all charges against our client"
Both Mr. Lee and Mr.. Moore then cited
authorities which. they claimed. upheld
such evidence they desired to be allowed
by the court Mr.. Harmon again replied.
and the argument was not concluded by
$50 o'clock II was continued until this
morning.
For the Prosecution.
When court convened for the afternoon
session yesterday witnesses for both the
prosecution and defense were called and
sworn. after which they were ordered to
leave the courtroom by Judge Barksdale
r. Walton Moore requested the Judge to al
low persons not duly subpenaed as wit
E6sses to leave the room until needed by
the defense. This request was asked so as
to give the wife and daughter of the ac-
cused the privilege of remaining away until
the day that they will be called to testify
The request was granted and Mrs. Low