The free lance. (Fredericksburg, Va.) 1885-1926, 1907-06-27
LOVING ESTES TRIAL
Judge On the Witness Stand---PrOS.
ecutiOn Rests lis Case.



and the defense begun its case. The prog I
ress Of the trial was remarkable. i.eioie I
adjournment Of the morning session q l
Jury had been secured. mostly middle |
aged men. and all but thr,e of them |
married. eleven OF them being farmers.
the lone exception being a machiniSt
The taking of testimony began upon the
recOnveuing of the court. and late in the
afternoon the Commonwealth rested. It's
case. and Judge Loving. whose defense is
the "unwritten law. was on the wit
ness stand In his own behalf when court
adjourned. A large crowd was present.
but perfect order WAS observed.
The jury was made up a. follows. "
NJ. Register. ". h. Powell. ". T. Areu-
dali. Il. {. jackson. e. u. :. Farmer. K
l.. Bassar, J. l.. Hardy. q. : McCran.
J. II. Sneed. c. H. Manning. j. NJ. John
son and George T. Carter
Judge Barksdale called the court To
order at 10 O'Clock. and directed the
sheriff 70 call the list of veniremen. More
than fifty answered To their names. and
the first man called was accepted hy the
State. This was true also of the second
man, and oi the third. Only thirty men
Were examined To get the full panel of
sixteen, aud from this four were stricken
by the defense.
Loving, Mrs. Loving. Miss Loving aud
Miss Annie Sneed came into tile room
and took seats in the rear of counsel for
the defense. Miss Loving. whose ride
with Theodore Estes ed To the tragedy
watched the proceedings closely. and
when the Judge began the examination
of the veniremen and referred To the fact
that the verdict of the jury might b.,
death, the young woman showed sigu>
of great nervousness and finally began
70 sob gently, but she soon stopped her
weeping and regained control az herself
Fayette Foster. the colOred man IN IN.
car with Young Estes a; the time of the
killing. was the first witness. H. sai
that "a colored man. Nick Reed called h,-
attention to Judge Loving a. be- wa-
approaching the car. gun IN hand. and
witness informed Mr.. Estes of the iact
Mr.. Estes, according 10 witness paid no
attention 10 the matter and did not try
70 get away OF conceal himself.
Judge Loving came Up 10 the car. the
negro testified. ordered witness 10 stano
aside, and addressing Estes, said.
so you are the gentleman who was
out buggy riding with ladies last even
ing and drugged them.
Foster said that Loving then fired the
first shot, which took effect in the Young
and exclaimed; oh. no. juugei" Loving
made no reply, but emptied the other
barrel of the gun into the neck. almost
severing the head. Estes fell and died 10
Il lew moments. Judge Loving then
turned and walked away, going back 70
the station at Oak Ridge. some fifty
yards away. Estes said. Help me-.
boys, and expired.
Nick Reed, the colOned man referred 20
by Foster In his testimony. corruborated
the preceding witness In all essentials
The gun with which the shooting wac
done was produced a. We're the clothes
Of the dead man. These made a grew
some spectacle. The Undergraduate
showed the holes made by the charges OF
buckshot and were clotted with blood
The remaining witnesses for the state
cOrrobOrated statements or admitted
facts dealing with the movements oi
Judge Loving on the day of the shoot
ing. his hunting Tor Estes at Livingston
and at Oak Ridge. his surrender 10 the
officers. and his desire not TO return TO
OAK Ridge because M did not want 10
meet the crowd that might have
gathered
After two hours spent III presenting it,
cas-, Wood Boulding. for the STATE. al
nOunced that the State rested it, case
iiminary statement of it, case. following
the example of the State in that respect
Z. Walton Moore, OF Fairfax. announced
that the defense would frst introduce
Judge Loving. the accused man. He
was sworn, taking tile stand with d
dignited GOODNESS. He was told e. make
whatever statement be- desired. and wa
asked questions enough 10 make %.
story a connected narrative. he CAV.
his age. residence. occupation. and the
various caiiing- b. had pursued in hi-
career OF iOrIy-uine years. He said that
two years ago he had given up his prac-
tice OF law and had accepted the offer oi
manager OF the estate OF Thomas r
Ryan, OF New York.
Passing 20 the matters immediately
preceding the killing, he said that Harry
Sueed, his brOther-in-laW. had come 20
him Monday following Saturday after
noon on which the buggy ride was
taken, saying he iSneedl had come into
possession of facts which he deemed il
his duty 10 impart 70 him. This was
the alleged drugging of Miss Loving 10y
Estes
Judge Loving was about to say what
had been told him 10y Sneed when the
State interposed an objection, and th..
jury was withdrawn. The State con
tended that what Sneed had told Loving
was only hearsay and was not evidence
The defense took issue, and the matter
was fought for an hour, and when al
iOurnment was taken the attorneys had
| not completed their arguments. The de-
Tense contends that the jury should know
Judge LOving's state OF mind when told
that his daughter had been brought back
to the house "drugged aud in an insensi-
BILE condition.
Miss Loving, her mother. and Miss An
ME Sneed are not allowed in the court
room, as they are to be called a. wit
nesses for the defense
Only eleven witnesses were examined
| by the State before the ease was rested
but the prosecution has many more in
reserve, to be called in rebuttal in case
the defense attempts 10 prove that Estes
misteated Miss Loving during the drive
1t was considered a. showing the plans
of the defense, when in answer to a ques
ton asking for his reason in a certain
line OF cross-eXamination Of n witness
Attorney Lee, of the defense, replied thai
1t was to show the mental state Of tn,
A defendant ut the time and prior 4
the killing and the provocation which 81
affected his frame OF mind