The Montgomery advertiser., 1907-06-26
TELLS PITIFUL TALE0F SHAME Miss Loving Says She
 Was Assaulted. RELATIVES WEPT IN COURT Judge Loving Tells of the Mur- der.
 Famous Virginia Murder Case is Att tracting National Attention
 Many Sensations Looked for
 Before Conclusion.
RELATIVES WEPT IN COURT

Houston, Va, June 25.-Between stif1ing sobs, with tears streaming from her bright blue eyes and vainly struggling to control her emotions, Miss Elizabeth Loving. who was the centre of the stage in the trial of her father. Judge Win. G Loving. for the murder of Theodore Estes. told on the witness stand here today the story of her alleged ruin at the hands of the young man her parent shot down. The recital was probably the most dramatic ever heard in a Virginia court of jus tice, and rivaled If not surpassed in point of atrocity the story told by Ev- elyn Nesbit Thaw of her experience with Stanford White
 It was the same story she said she told to her father on the day of the tragedy. The dead man. she declared, gave her a drink of whiskey from flask he had in his pocket. while they were buggy riding the day prior to the killing. After taking the drink she immediately began to feel dizzy and her head whirled as if she had been given some powerful drug. In this condition and despite her protests she declared that her escort drove her through a road not frequently used, and despite her screams outraged her Exhausted by the struggle and her mental faculties upset by the stimu lant. the witness declared that she re- called nothing more until she regained her senses in bed late that night at the home of County Clerk E. L. Kidd, where she had been visiting.
 On the following morning when her father asked her to explain how she came to be brought to the home of Kidd in an unconscious and drugged condition, she related to him on bend ed knees the same story she told to- Tt al Tor defense, which so wrought up Judge Loving that he was impelled to hunt up young Estes and take his life.
 Whether the story told by the 19- year-old girl today can be weakened by the prosecution remains to be seen and on the disproving. of this story hangs the fate of. the defendant. The State claims that it can be shown that the crime imputed to the man whose lips are sealed forever, was impossi- ble. The rebuttal by the prosecution probably will be the most important if not sensational feature of the case. Took Two Drinks.
 The admission was wrung from Miss Loving that she had taken two drinks with young Estes during the drive, the first one being while at Estes store. She was asked about other occasions when 1t is charged that she drank whiskey, but the defense objected on grounds that 1t had no bearing on the case. The prosecution waived the ques- tion for the present but may insist up- on pressing 1t later In the trial. Aside from the testimony of tNe young girl, the examination of two persons con- cerning the possible insanity of Judge Loving at the time of the killing and the testimony of the defendant himself and Harry Snead were features of the days proceedings.
 T0r JudRR Loving before and after the killing testified that he thought Loving com mitted the crime while insane. Tun- stall is a practicing physician of Nell son County and upon cross examina- tion acknowledged that he was no ex- pert on insanity. His theory that Judge Loving was insane was that he failed to speak to him in passing be- fore the deed, This head hung low and he was pale" coupled with his person. al knowledge of Judge Loving who he said frequently "got on drunken de- bauches" ending in delirium tremens. Dr. Melvin who has for years prac- ticed in this county, testified about the effect on the mind and faculties by excessive drinking.
 At the adjournment of court yesterday afternoon the defend- ant had just begun to relate a conver- sation with his brother rim law, Harry Sneed, ,who told him of the alleged drug ging of his daughter, which led to the killing, when the attorneys for the prosecution objected on the grounds that Judge Loving's statement would be hearsay evidence. The crowd at the opening of court today show ed consid- erable falling off. This was due to the fact that many of the veniremen and witnesses have returned to their homes.
 No ladies of either side were in
 Ir nl1f ffNFan NnFh h were seated beside the defendant was his brother, Major J. Thompson Low ing of Pulaski, Va, and his son, w. G. Loving, Jr.
 Attorney strode, for the defense ar gued in favor of the admissibility of the conversation with Sneed and was replied to by Attorneys Harmon and Bouldin. The arguments lasted over an hour Judge Barksdale rendered his opinion which allowed Judge Low ing to relate the conversation with Sneed. thus scoring a victory for the defense There was a slight furry in the court room when the judge con cluded his remarks and the jury was brought in. Judge Loving then took the stand and continued his testimony from the point where he stopped yes terday.
 He said that on the morning of April 22. Harry Sneed came into his office
 
 and with some hesitation said he had a most painful story to tell as to an oc- currence to his daughter, Sneed said that while he (Sneed) was out buggy riding on the evening prior, he saw Elizabeth Loving and Theodore Estes out riding.
 E. l.. Kidd came to the home of the Stevens and inquired for Sneed, saving that Miss Loving had returned from her buggy ride in bad condition Continuing the witness said:
 "Sneed went to the room at Mrs. Kidds and saw Miss Loving in the bed She was dellrious and her condition was pitiful. Sneed said in the parlor of the Kidd home he saw Mrs. Kidd and Theodore Estes and told them that he would go for a doctor. Estes, however insisted in getting doctor himself Dr. Strother arrived and she did not recognize him.
 Harry said that my daughter was fin the care of Dr. Strother. He then went down the street when W. B. Lee, a narchant of I,oyingston and kinsman