The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-05-28
Judge Gordon Refuses to
Have Anything to
Do With 1t.
TELEGRAM FROM
JUDGE BARKSDALE
Says Halifax Jurist Will Arrive
This Morning Charge to
Grand Jury First Step.
Defense Will Seek
Change Of Venue.
Matter of Bail.
nY MATTER EDWARD HARRIS.

BY WALTER EDWARD HARRIS.
LoN1NGsTON. VA. May 27.--The
great crowd which came TO Lovingston
to-day to hear the Indictment of Judge
w G. Loving for killing Theodore
Estes. and witness the preliminary;
skirH1lsll of the great legal battle
about to be inaugurated to save tho
slayer of Eates from punishment, was
disappointed.
Judge w. II. Barksdalo. OF Halifax
circuit Court, who was designated by
Governor Swanson to preside at the
trial tclcgraphcd that the business OF
ms own court prevented his reaching
mere until Tomorrow. Judge 3. r.
Gordon. OF this circuit, who. owing to
former unpleasant relations with Judge
Loving declined to sit in the case,
would not consent TO take any steps
Whatever in the trial. He would not
even allow the grand jury which was
lmpanclcd to-day to return an indict-
1rent. Nor would lie permit the actin.
sheriff who was appointed by the court
70 oiiiclate In tho place OF Sheriff NJ.
=. Estes. father OF the slain boy, to
summon one member OF the grand
.
Such action would be equivalent to
summonins q special grand jury. said
{ udge Gordon. In refusing the motion
"a Of 4$Commonwcalth's Attorney White
head that Mr.. Thacker be directed TO
summon a juror to take the place OF
the absentee. +
Judge Loving Willing.
The grand jury impancied and
charged by Judge Gordon to-day will
have to consider the case OF Judge Low
Ing. and Will return the Indictment for
/ 1aurder5 u, In the first degree. as a matter
OF course. Judge Gordon Is proceeding
In n manner which will preclude all
possible criticism OF his course
y wasstold by q man who Ii a warm
personal friend of Judge Loving that
the latter said more than once
that he would be perfectly willing to
have Judge Gordon preside nj his trial,
them, SO great Is his confidence In
Judge Gordons fairness and his sense
of justice.
When Judge Loving came to the
courthouse to-day, 1t was the first visit
he has paid the little hamlet since that
day in April. when he went over to
the railroad station at Oakridge and
shot Theodore Estes to death. He
found large crowd on the court green.
and the courthouse was crowded. He
drove over from his home, four or five
miles away, in a carriage. accompanied
by his counsel, Mcssrs. r. Walton
Moore and John NJ Lee. Mr.. Strodc.
also of counsel for defense, came in
another conveyance. All three have
Is Looking Well.
Judge Loving was stopped several
times by friends as he made his way
.tv l. 1. 4
office of Mr.. Strobe. on tho side of the
court green, opposite the entrance. He
appeared to be eager to seize hands
Offered him. though he said little more
than was necessary to acknowledge a
casual greeting. His step was firm
and quick, and he did not Indicate in
his countenance or manner that he was
igsuffering mentally or physically from
fthe terrible event of month ago.
Judge Loving and his counsel were
scloseted together in Mr.. Strode's office
for several hours. Judge Gordon con-
vencd court and proceeded to transact
some important business. He was
waiting to hear from Judge Barksdale.
Judge Gordon did not know that the
Halifax judge would not bo here to-
tday until he read the announcement
IN The Times-D!spatch OF yesterday.
I'm fact, he confidently expected that
either Judge Rarksdale or Judge Chris
tian, Of Lynchburg, would be on hand
lit being understood that in case Judge
! Barksdale found 1t Impossible to leave
sllis own court, which began a regular
term to-day, the Lynchburg Judge
would preside, so that Judge Gordon
might bc relieved from duty Of hearing
ia motion to grant bail to Judge Loving
lunder the law, the bal bond given by
IA defendant at preliminary hearing,
being cancelled when an indictment is
jreturned
Judge Gordon did not wish to pass on
1.-The motion for further bail 1t is
mot tho practice at common law nor is
1t the general practice in tho courts Of
Virginia and elsewhere. to bail pris-
oner accused Of crime. tho punish
ment of which is death. But the
6trother brothers We're bailed when
y they had their preliminary hearing
after they had killed their brother in
law for deserving his bride at Culpepor
last December, and also bailed after
an indictment had been found In Feb
iruary. The matter Of granting bail,|
ito q prisoner indicted for murder III
the first degree is claimed to be one
IN which the court is allowed full dis
Gcretion.
VIII Oppose Further iniI.
The question will be settled to-mor-
Wv, "4'~-' Wy I''tu'ctl1isl'lt 70 zieaui ana
i motion Is made by the defense to ad-
\ nit tho prisoner to bail.
1t is likely the Commonwealth viii
! oppose tho motion.
Judge Barksdae will also fix tho
time and place Of trial, Tho defense
will5strIvc. Arst. 20 secure change Of
venue. IN case this motion is granted
/ Judge Barksdale Will probably order
< that the case bo heard in a county in
! his own circuit. It would be perfectly
y competent fpr him to order the case
transferred to the docket Of the court
& of some other county, under which cir
cumstances the Judge of the circuit in
which the court was located. would pre-