Daily press. [volume] (Newport News, Va.) 1896-current, 1907-06-26
Unless Story She Related on VIII
Witness Stand is DisapproYed
Her Father VIII be Freed.
SHE SAYS ESTES ASSAULTED HER
swears That She Drank Whisky
offered to Her and Then Became
Unconscious Judge Loving Al
lowed to Tell His Story But Broke
Down While Relating 1t.
fBy Associated press.l

tBy Associated Press)
HOUSTON, VA, June 25.-Bc-
tween sitting sbs with tears stream
ing from her bright blue eyes and
vainly struggling to control her emo
lions. Miss Elizabeth Loving, who
has occupied the center of the stage
in the trial of her father, Judge Will
liam G. Loving, for the murder of
Theodore Estes, took the stand to-
day ana told the story of her alleged
ruin at the hands of the young man
her parent shot down. The recital
wa" probably the most dramatic ever
heard in u Virginia court of justice
and ii surpassed in point of atrocious.
ness the story told by Evelyn Nesbt
Thaw. of her experience with Stan
ford White. 1t was the same story
she said SHE told to her father on
the day of the tragedy. Tho dead
man, she declared. gave her drink
of whiskcy from u flask he had In
his pocket while they were buggy
After taking the drink. she said, she
Immediately began to feel dizzy and
her brain whirled MS she had been
given some powerful drug. In this
condition and despite her protests
her escort drove her through a
road not frequently used and despite
her screams outraged her Exhaust
ed by the struggle and her mental
faculties upset by the stimulant. the
witness declared that she recalled
nothing more until she regained her
senses in bed late that night at the
home of County Clerk II. l.. Kidd.
where she had been visiting. On
the following morning when her faith
er asked her TO explain how she came
to he brought to the home of Mr..
Kidd in an unconscious and drugsed
condition she related to him on bend
CO knees the same story she told
today. 1t was this recital, declared
the defense which so wrought mp
Judge Loving that he was impelled to
hunt up young Estes and take his
life.
Whether the story told by the 10
year oiu girl today can be weakened
by the prosecution remains TO be
seen and on the dsproving of this
story hangs the fate of the defendant.
The state claims that 1t can be shown
the crime imputed 10 the man whose
lips are sealed forever, was impossi-
BILE. The rcbutlal by the prosecution
vii he probably the most important
sensational feature OF the case. The
admission was wrung from Miss Low
ing that she had taken two drinks
during the drive, the first one being
while At Estes store. She was asked
about other occasions. when II is
charged that she drank whiskey, but
the defense objected on the ground
that it had no bearing on the case.
The prosecution waived the ques-
I. nt,-f
upon pressing 1t later in the trial
Aside from the testimony of the
young girl the examination of two
physicians concerning the possible
insanity of Judge Loving at the time
Of the killing ana the testimony of
the defendant and Harry Sncad were
features Of the days proceedings,
DR.. w NJ. Tunstall. who saw Judge
Loving before and after the killing
testified that he said Judge Loving
committed crime while insane. Tun-
stall is n practicing physician of Mel
son county and upon cross examina-
ton acknowledged that he was no eX-
pert on insanity. His theory that
Judge Loving was insane was that
he failed TO sneak TO him In passing
before the killing and after the deed
HIS ntNN htHr1 iON gnu iit NN' pow
coupled with his personal knowledge
of Judge Loving who he said fire.
uuently got on drunken debauchcs
and ended in delirum tremens. DR..
Melvin who has for years practiced
in this county. testified about the
effect on the mind and faculties by
excessive drinking.
Or. TunstaII on Me Stand.
Dr. William Tunstan. of Loyingston
was called by the defense. He had
been connected with the University of
Virginia and had on a number of oc-
casions passed on cases of insanity.
The witness stated that he had
known Judge Loving practically all
his life He SOW him Il few minutes
before the shooting He was driving
in Il buggy and his general appear
ance was so changed that DR. Tun-
stall stated that he did not recognize
him.
He said that Judge Loving after
the shooting seemed to be wandering
aimlessly about when DR. Tunstall
asked him about the tragedy to which
he Uoving) replied; THAT man