The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-27

resulted In his killing Theodore Estes.
lie said that no knew that there
would be no objection by the defense.
!. Strobe makes ytvoraus
Protest to New Move,
H Mr.. Strobe spoke i'll objection and,
citing great array of authorities, In
sisted that such n course of procedure
Il was unknown TO the law. lie urged
& that the truth or falsitN of the story
4 told Judge Loving bShis daughtcrlre-
K gArdng her alleged assault by TGeo-
4 ,lore Estes had nothing to do With the
case ut Issue; that the question was,
Ibid Judge Loving believe the story,
Il and did he act In. consequences of hear
ing it."
= The only matter which could be dis
Bprovcd was whether or not Miss Low
ing did. In fact, tell her father the
4pitiful story which caused him TO XIII
I Estes. The laws of Virginia and of the
land Were In accord on this point he
I asserted. In reply. Mr. Daniel Har-
mon. for the prosecution, made an iT-
5pnssioned address and throwing aside
$all subterfuge, stated that the Com
monwealth was prepared to prove that
the story told by Miss Loving had been
sconcocted to save her father and to
reduce the degree of his crime to man
SLAUGHTER. With voice raised With
gestures earnest and laboring under
Intense excitement he made vigorous
attack upon the story of the attempted
assault rot the prisoners daughter oy
young Estes.
II am prepared to prove" he cN-
claimed, that Miss Loving was not as
saultcd; was not druged, ahd that the
story told by her Is false The young
lady had drunk too much, and that Is
all the story"
He insisted that the drive was taken
in broad daylight that Miss Loving
was not unconscious that she alighted
from the buggy upon her return from
the drive without assistance. and walk
ed UP the steps into Mrs. Kidd's house
and said he could produce the ladies
who undressed her and put her to bed,
who would swear that her clothes were
not disarranGed.
Moore Takes Thrust ut
Prosecuting Attorney
Mr.. Walton Moore replied for the
denfense. and after a thrust at Mr..
Harmon, who he described as. being
employed by private interests ITO
prosecute Judge Loving, said that his
speech was an argument, which should
have been addressed to the jury. not
TO the court In discussing question
of law. He added: THE defense has
searched every authority on this sub
ject. and has not found n single case
which bears out the contention of the
prosecution. l defy any lawyer on
the other side or any lawyer in the
land to produce an authority which
will bear Mr.. Harmon out in his view
OF the case"
Mr.. Moore called the courts attcn-
ton to the famous Thaw case. and as
serted that the learned District Attor-
ney of New York had not even at
tempted to introduce testimony to dis
credit Evelyn Thaws story told her
husband. which caused the death OF
Stanford White, although. he said, 1t
was well-known fact that Stanford
White was not in the city of New
York when the alleged betrayal was
said to have occurred
Judge Barksdale took the matter un-
der Amusement and announced that he
would rule upon the question in the
morning.
1t seems almost certain that the de-
tense will gain its point and If this
is true, the trial will near its end
tomorrow. or certainly Saturday, for
half hundred witnesses who are here
VIII not be called. and there will be
lew others examined except experts on
insanity.
An incident of the trial to-day was
the marked feeling displayed by the
friends OF the Estes family and the
Loving adherents When the defense
scored the Loving faction was all
smiles and the other side wore scowls
as black as night. and when tho prose
cution gained a point the smiles were
on the faces of the Estes people ana
gloom reigned in the Loving; ranks