The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-06-28

Who. He Alleged, a M~islreated
His Daughter-CaSe Attracts Wide
spread Observation-Disclosures Takes
Stand i'm His Own BehaIf-Young
Lady i'm Case Appears i'm Public for
First Time Since Tragedy.
Houston, Va, June 24.-The trial of
former Judge W. G. Loving for the
murder of young Theodore Estes, d
sequel of a buggy ride which Estes
took with Loving's daughter, adyanc-
ed rapidly today and when court ad-
j~ourned this afternoon the prosecution
had rested AMI the defense begun IT'S
case. h progress of the trial was
remarkable. Before adjournment If
the morning session a jury had been
secured, mostly middle aged men, and
80 but three Of them married; eleven
ON them being farmers, the lone ex-
ceptiOn being a merchant; the taking
~qf testimony began upon the recon
Oening Of the court, and late this af:ar-
moon the commonwealth rested it's case
and Judge Loving, whose defense is
the unWritten law, had taken the wit
ness stand in his own behalf.
The widespread interest in the case
was manifest. A large crowd was pres
ent but perfect order was observed.
The success in so quickly securing
the jurors surprised both sides. Some
of the Veniremen were opposed to cap
ital punishment, several claimed ex-
emption under the law governing the
serving Of farmers during the harvest
time.
During the reading of the indict-
ment returned by the Nelson county
grand jury the accused man showed
emotion. His daughter, Miss Elizabeth
Loving wept during the entire time
of the reading and when she left the
court room her face was flushed.
The afternoon session commenced at
2 o'clock and all of the witnesses re
tired. Judge Loving's only relative
son W. e. Loving, Jr.
The trial eclipSes in interest and
cessation the McCue and the Strotrer-
Nwaters cases in CuipepDer. Judge
Loving, armed with a double barreled
shotgun, instantly killed young Estes
n while he vas unloading a car of fer
ejzer i'm Oak Ridge on April %, fol-
lowing a buggy ride on the evening
before, by young Estes and Miss Liz
abeth Loving, the nineteen year Odd
daughter of Judge Loving.
The girl, when brought home, had
been drinking and it is alleged that
her escort had mistreated her. Act
ing under the impulse that his daugh-
ter had been drugged and assaulted
Judge Loving Immediately vent in
search Of Estes. After the shooting
be said: II shot to kill. Every drop
would have gone a hundred miles to
kill him"
Miss Loving, who has lived in sec1u-
SIGN. since the tragedy, appeared in
pu tyyesterday for the first time.
ShX eshowed no signs of her experince.
C> SpcC1dI CO6SAoS HUH 10y ASAEU .,
one reserved by the defense and the
other by the prosecution, brought lilo
witnesses and two corps of lawyers
here last night.
During the afternoon session eleven
witnesses testified for the prosecution.
In answer to a question asking for
his reason in a certain line of examina-
ton of a witness Attorney Johu L.
Lee, of the defense, replied that it was
to show the mental state of the de
PENDANT at the time and prior to the
killing and the D~rovocation which so
affected his frame of mind.
Judge Loving was the first witness
for the defense. He was about to tell
of the conversation with Harry Sread
who first brought to him the inforna-
ton of the alleged dragging incident
when the attorneys for the prosecution
objected to his answering his question.
After a rather lengthy discussion Of
NJ admissibility of the evidence dur
ing which time the jury was out OF the
court room Judge B~arksdate. at $50
O'Clock, adjourned court and will rem
der his decision on the point involved
upon the reeonvening of court toner
row morning.