The news-democrat. (Providence, R.I.) 1906-1909, 1907-06-27
State EXPECTS
To D|SPROvE
GIRLS STORY

Houston, Va. June 27.-The parallel in
the cases OF Elizabeth Loving and Eve
lyn Nesbit rhaw was accented and en-
phasized in the most striking way in yes
terday's proceedings at the trial Of Judge
Loving for the murder OF young Theodore
Estes. The whole state is awaiting with
the most intense interest the outcome OF
the battle, which the opposing counsel are
making on the evidence offered by the
daughter to save her fathers life.
The state claims 10 have witnesses 10
disprove every statement made by the girl
witness. who told IN n manner which was
almost the exact counterpart of thut OF
Evelyn Thaw, a story OF wrong at the
hands OF the victim of her fathers anger.
The plea OF the defense is that the
mind OF Judge Loving had, after years
OF dissipation which frequently caused
him TO have delirium tremens from exces-
sve drinking of whiskey. became so ims
paired that when he heard his daughters
narrative he became deranged and was
not responsible for his act I'm killing Estes
Counsel for the defense hope through
the plea of emotional insanity To prevent
any attempt TO impeach the statement of
Miss Loving. The prosecution announc-
ed as their first witness Miss Annie Kidd,
OF Miss Loving This was Immediately
objected to and the jury retired after
which an extended legal discussion was
gone into.
The defense argued that the prosecution
had no right TO enter into the truth or
the falsity OF the story told by Miss Low
ing to her father, and, as an example,
cited the New York case, In which Dis
trict Attorney Jerome was not allowed to
/ ir,v oh ha test ~ "
Attorney Daniel Harmon for the prose-
cution In reply gave the first public pre-
scntation OF the side OF the case Aom the
Estes viewpoint In an impressive ad-
dress he declared that Judge Loving had
acted in haste in shoting down young
Estes and before the tragedy he could
have obtained all the facts and infor-
nation about the buggy riding without
so.ng out of his way. Continuing, he
said
| "Is human life so cheap that you or
| may be shot down on the mere statement
Of one individual. Judge Loving could
| have gone 10 the home of Mrs. Kidd. only
| q clock away, and where his daughter
spent the night and have found out 'he
| facts, as the relations OF the two families
were very intimate. The physician who
made the examination lived block away
from the scene of the shooting, hut he
never consulted him. 1t was charged that
| his daughter had been assaulted. lie had
ample opportunity of dispelling this opn-
| ion If be wanted TO.
"And who knows but that he did close
| his eyes 10 real facts. The very spot
where the crime is alleged TO have been
| committed was i'm plain sight OF Loving
ston. The remaining contents OF the flask
Of whiskey alleged to have been drugEee
was given a man at Lovingston, AMI IL
worked no i'll effects on him.
THE buggy ride and what occurred on
that ride was the source Of all OF the
trouble. Is all the light in the case TO
be turned on the other side? The law Is
for the protection OF the citizen. A citi-
zen OF this commonwealth has been shot
down. What had he done? Should the
jury not be acquainted with this fact
The ruling of Judge Barksdale on this
point Is deemed most important by the
counsel in the case