Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-25
Second Day of the Trial at
Houston, Va.
NO WOMEN IN THE COURT
Defendant Tells the Story of His
Vengeance.
PROCEEDINGS OF YESTERDAY
Colored Laborers Who Saw the Shoot
ing Constitute Almost All the
States Witnesses.

Judge Loving, the slayer of
young Theodore Estes, was today
allowed on the stand at Houston
to tell the story of events leading
up to the crime. The court held
that while it was hearsay evidence,
1t was competent to show the frame
of mind in which the father was at
the time he committed the murder.
The state finished it's case and
rested yesterday, almost the only
witnesses being the negroes who
were in the freight car and saw the
shooting.
Special Dispatch to The Star
HOUSTON, Va, June 25-The second day
OF the Loving murder trial opened at 10
O'Clock this morning with decreased at
tendance. The temperature in the court
room is very high. Immediately upon re-
assembling the jury was sent from the
roon while counsel argued the question
Of allowing Judge Loving to recite what
was told him by Harry Sneed about the
alleged conduct of Theodore Estes toward
Miss Loving on Sunday afternoon preceding
the killing.
Judge Clarence ]. Campbell Of Amherst
is taking no part in the trial, but Is en-
gagged in covering the for his news
paper at Amherst courthouse.
There Is not and has not been one lady
in attendance upon the trial as spectator,
as they are discussing the case in their
homes, but decline to come to the court
room. John T. Loving of Pulaski arrived
last evening, and Is seated beside his
brother, Judge Loving.
Proceeding with the argument as to tho
admissibility of the statement of Sneed to
Loving, Nj. Wood said that he and his as
sociates had idea or desire to place
Judge :, ring in the attitude of an assassin.
Upon: the conclusion Of the argument
Judge Barksdale ruled that 1t was compe-
tent for Judge Loving to relate the infor-
nation impaired to him by Sneed, as 1t
was right and proper that the defense
should have the right to show the state OF
mind of the accused at the time of the
commission of the crime and to reduce the
charge of murder to that of granddaughter.
He ordered the evidence to be a,s-itted.
Statement of Judge Loving.
Judge Loving said that Harry Sneed said,
after some hesitation. that he had dis
agreeable duty to perform, that involved
the name of his daughter Elizabeth He
said that he had taken Miss Loving to Low
ingston and later had taken lady for a
drive. Theodore Estes had taken Miss Low
Ing for drive. When Sneed returned to
Judge Loying's home he found that Estes
and Miss Loving had not returned. Later
he heard a buggy driven rapidly by the
house. He then went to Mr.. kidds home
and found Mrs. Stevens greatly excited.
Sneed went to Miss Lovngs room and
found her in delirious and unconscious
condition. He went to the parlor and found
Estes and Mrs. Kidd in conversation, say
ing he thought 1t best to have a physician
for Eliza beth.
Sneed told him that when he tsneed) re-
turned with the doctor the girl was in the
same condition as on previous visit She
did not know either Estes or Dr. Strother
Estes tod the doctor that Miss Loving was
drunk and asked him to treat her for that
and to say nothing of It. These facts were
peated to Judge Loving. Loving said that
he sent his carriage for Miss Loving. Miss
Kidd returned the vehicle sending a note
saying that Miss Loving was i'll, and that
Miss Kidd would drive over with her that
afternoon. Judge Loving said that he sent
his wife over in the carriage and she was
brought back.
Miss Loving's Story.
II did not want to go after her." said
Judge Loving. his voice betraying censid-
cradle emotion. II had control of myself
and did not want to go where 1 could meet
Estes.
When my daughter came we had dinner
asked my daughter to come with me into
the parlor l told her what her Uncle
Harry mad said. She got down on her
knees and began to sob as if her heart
would break She told me about Estes
taking her for a drive"
Judge Loving related all the details about
the route of the drive. Resufrling he said:
Elizabeth told me that Estes had, while
on the drive, taken a flask from hfs rocket
and offered her drink. She had declined
Estes insisted. and she did take a very
small portion of the liquor. Soon after she
began to feel faint, and asked Estes to
drive her back to her home at Lovington.
Il asked her If Estes had attempted to
assault her. She told me that Estes had
forced himself upon .ier. and that she re-
sisted with all her power and had tried to
scream She lapsed into Inconsistencies
and could not tell what had happened
her statement shocked me AMI swept
pride. l admired her for hel. beauty and
purity. And here the witness broke down,
his frame shook with emotion and tears
coursed down his face. He asked the court
to excuse h m for a. moment. and he soon
regained his composure
Went Out to Kill.
Il would have killed the man who might
have whispered one word against her.
When she told me the story | ave related
to you She went to her mother sot my
buggy and started TO seek out and kill ths
man who had offered her an indignity. L
went to my Office, got my gun, reach d
into a drawer and got some cartridges
loaded with buckShot. | drove to Loving
ston,, went to Estes store and inquired for
Theodore Estes. | was told that he was
not there and was told that lie was at
Cartridge. L went there, and was told
whore he could be found.
I'm the car in which Estes was at work
L saw two colored men standing in line
with Estes. | told them to stand aside I
saw Estes and said to him that he was the
young man who took ladies out driving
drugged and ruined them. II Estes made
any reply did not hear him. He made
a movement, as l thought to leave the
car by the opposite door, and / raised the
gun and fired, and he fell l fired again.