The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-05-29
Judge Loving Submits a
Lengthy Affidavit Stat
ing His Reasons.
DECIDE NATTER
THIS MORNING
Judge Barksdalc, After Hearing
Argument by Both Sides,
Took Matter Under Adj
viscmcnt Until Court
Convcncs This
Morning.
Especial to The Times D ispatch.l

Especial TO The Times Dispatch.l
@ LIVINGSTON, VA, May 2s.--Thc
place and the time Of the trial Of Judge
w. G. Loving for the murder Of Thco-
dorc Estes is still matter OF doubt.
After day Of battling over these and
oticr questions connected with the
case. the court has the subject OF u
change of venue Under consideration
tonight. and will announce decision
at 9:3O o'clock tomorrow.
Judge Barksdale. appointed by Gov
crnor Swanson to preside at the trial.
arrived. and within an hour the grand
jury returned an Indictment.
Only three witnesses were sum-
4 moned. Two OF them were the negro
sSlaborers who were working under the
I supervision OF Estes in the car, unload
ling fertilizer at Oakridge on the 22d
sof April when Estes was killed
The other witness was DR.. W. NJ.
Tunatnll. who examined the corpse
n short time after the shooting.
Az soon as the indictment WAS found
Judge Loving was brought into court.
q 4 must have been dramatic moment
with him as no stood at the bar. ist-
eElng to the reading Of the Indictment.
charging him with crime the pun-
1stmert of which Is death. 1t was
familiar ground with him There he
had started out In the world. young
man, with his own way to make. but
with an honored name as most val
iiable asset in the struggles. 1t was
the scene of many triumph at the
bar, and there no had for many years
sat assone OF the States brightest ex-
ainplcs OF the upright Judge Some
thing OF al! this may have passed
Through tho mind of the defendant as
III; stnpd up. tall and erect as sol
gtaien.svshile the Indictment was being
Ysad, Ills dark eyes fixed steadfastly
s on tho face OF the clerk. He wat
sGl6thed I'm suit of blue or black. his
standing collar and black string TIC
giving to his appearance suggestive
rass Of the yirginian and Southerner
Ale wears black slouch hat.
.Not Guilty" snyc He.
..Not guilty" replied the defendan.
I'm strong. clear voice, ct tho conclu-
sion OF the Indictment. He sat down.
lie was not excited. or II he was. his
face and actions did not betray the
Sxact. 5
mater or bail and OF changing tho
place Of trial to some other county.
4 THE struggle over the bail bond did
mot last long, the efforts Of the Com
tmonwealtli to have the defendant COM
united ito Jail terminating In an order
pf tho court that the prisoner be adj
limited to bond In the sum OF $4,000.
nhe former bond was half that sum.
But the fight to have the defendant
1ried in some other than his native
county was much longU' and Is not de-
iEided.
The prosecution is opposing with the
utmost bitterness the motion Of the
defense to have the prisoner taken
giIkewise putting forth every effort to
transfer the case.
81 The prosecution is inclined to dwell
on the fact that the defendant Is seek :
ing to have the case taken into a
jurisdiction in which strangers will
y pass on his case. instead OF having his
strialsin county whore neighbors and
Z 1rtendsEOf n lifetime Will ses, whether
he should be punished or go free. It
sI1s believed the court Will order that
the case be tried ut Houston, in Hail
\ FAX county.
he courthouse was not crowded to-
(8Nhyt's ~ A''St' ~ wis NOL 1.ull. ~ while
there Is intense interest a, the ease
Il throughout the county, tobacco -p]ant-
ing and -ploughing are tie order
of tho day In Nelson. ana the farmers
gMtll not lose precious time
81 But should the trial he held in Nell
\ StheHillage OF Lovngston willneyer
n have held such crowd as will gather
ITO witness the proceedings.
Special Grnnd Jury,
5 Judge Barksdale arrived shortly bc
u fore IL o'clock and went on the bcncl
at once, and had the grand jury sum.
s 1n0ned to the courtroom. Judge Barks.
dale told the jury he had understood
Y they had been impanclled and charged
# by Judge Gordon on yesterday There.
fore. the jury would retire and consde,
the case of the Commonwealth VS.
"A loving as Judge Loving had declined
to slttfin that case. The grand jury
retired hut few minutes afterwards
a,Commonwealths Attorney Whitehead
4 moved that the regular grand jury bt
4 8discharged. and a special grand Jury be
Il summoned to consider the case.
Judge Bnrksdale said he had no OBJ
Election to that course being taken,
Mr.. Whitehead called attention to tho
fact that the same grand Jury could be
tmpanclled again under the direction
OF the Court Of Appeals.
The court said he purposed taking
+ that course. and tho Jury was brought
back and sworn as a special grant
jury.
While the oath was being admins
Tered to the members of the jury, Judge
4.oving arrived. and could be seen
& walking through tho grounxs witt
il Ills counsel to the office of Mr. STROBE
Judge Loving's counsel were not ii
court during these proceedings. DAME
: Harmon, of Charlottesville. who is as
ISOLATED with the prosecutions. was a
tho bar with the Commemorative at
torney, When tho grand jury retired
f'ayetto Foster and William Reed til,
3 two negroes who witnessed the killint
OF Estes. and DrYW w. NJ. Tunstall, who
saw the body after the shooting, werf
Continued on Fourth Pago,) MI
i i < q