Daily press. [volume] (Newport News, Va.) 1896-current, 1907-05-30

is remarked rs to Judge Gordon that
from the very first he had refused to
touch The case or TO allow 1t to touch
him.
twenty-five citizens of Nelson
county, many OF them public officials
and we'll acquainted with conditions.
had testified generally that they were
positive that q fair trial could be had
Lovlng's Plea for Change of Venue.
Judge Loving's. affidavit, In which
he gave his reasons for change OF
venue. was read in court by John l..
Loo, member of counsel for the de,
Tense, and Is as follows:
i reside in Nelson county, at oa,,
Ridge farm, about four miles from
Loyingston. which is the county seat
For some years my home was in
the village of Loylngston, and | am
thoroughly familiar with 1t, and with
Its Inhabitants, and with the cond.
tions existing there and in Nelson
county. For long time practiced
law in said county. and for six years
was judge of said county.
Mr.. nj. Il. Estes is now. and has
been for many years, the sheriff of
the county. His son, Theodore |. Els.
100 IVA "hof'' u,
was one of his deputies, and MS such
attended TO a large part OF the bust.
ness of the office and resided with
his father In fhe village of Lovingston,
where both of them we're engaged in
merchandising. The son was well
known Throughout tho county.
"The father Is one of the most
popular and Influential citizens of the
county. | am informed that he is
most determined and active in his
efforts to secure my conviction, and
that, among other things, he has en-
ployed able and experienced private
counsel to assist the attorney of the
Commonwealth in conducting the
prosecution.
Ellis relatives and number OF his
close friends are cooperating with
him, and 1t Is impossible to believe
that their attitude would fail TO i'm
press TO my disadvantage any jury
that might try the case in Lovingston.
Influence of n Popular Map.
Mr.. u. Il. Kidd has for many years.
and still Ia the clerk of the court. and
Is perhaps the most popular citizen
Of the county. He Is the uncle of
Theodore l. Estes, whose mother was
the sister of said u. l.. Kidd. II was
from the house of said IL. l.. Kidd
that the deceased took my daughter
driving on the Sunday evening proceed
ing the day Of the shooting, and II
was to this house that he returned
my daughted after his mistreatment
of her that night in helpless con-
dition.
"Mr. Kidd and his family, some OF
whom are expected TO be witnesses
against me, also reside in the village
of Lovingston. his residence fronting
the court green. Mr.. Kidd has no
deputy and he himself conducts the
business of his office.
81 am reliably informed that he
has Baen extreme in his denunciation
of mo. nm also reliably Informed
that MIR. Stewart d. Whitehead, the
commemorative attorney for the
county, who is an intimate friend of
the Estes family. and who lives
within one mile of the village OF Low
ingston, is so bitter IN his feelings to.
wards me that he has abdicated his
qunsi-judicial functions to the extent
| of making inflammatory comments on
the case I'm public. and of assisting
In the preparation of adverse news
paper articles. In which he gave not
OILY IliS ISIloNtOuS .NcISlOIl vi tilc
facts. hut, the mistaken conclusions
therefrom, which were published
throughout the country, and which
false impression of the case.
Judge lordon's Action.
Hon. p. u. Gordon. the Judge of
the circuit court of Nelson county.
who also resides in the village of
I4ovingston, owning to past unpleas-
ant relations with me, found himself
so situated that he regarded it i'm
proper for him to preside at my trial.
'"This delicate action or the part
of Judge Gordon Is indicative of the
lpropriety of moving the case from
the county whose other officials above
mentioned are naturally hostile to me,
and anxious for my conviction.
SIN the village of Lovingston there
are only about twenty families, and
about one-fourth of them are related
to or connected by marriage with the
deceased.
"There are in Lovingston only two
very small hotels, at which a jury or
witnesses could be lodged. One of
these is kept and run by.J. o. Loving
whose daughter but recently married
n brother of the deceased. The said
~. o. Loving and his family, am
reliably informed, are bitter and out
spoken in their feelings, and have
been active in molding an adverse
opinion and shaping the case against
me.
THE other hotel is kept and run
by w. N. Dawson, whose sister is
the wife Of the aforesaid r. L. Kidd
from whose house, as above stated
my daughter was driven by the de.