Watertown weekly leader. [volume] (Watertown, Jefferson County, Wis.) 1906-1908, 1907-06-28
FORbIDS ATTACK
ON GIRLS STORY
JUDGE IN LOVING MURDER TRIAL
RULES IN FAVOR OF DE-
PENDANTS.
TRUTH OR FALSITY OF
HER TALE IMMATERlAl
Holds Character of Persons Has No
Bearing on the Case-Witnesses
Testify to Former Jurist's Sanity
Before the Shooting.

Houston, Va, June 2S.-Judge
Barksdale convened court promptly at
1000 O'CLOCK Thursday for the fourth
days proceedings in the Loving muir
der trial The jury retired and the
Judge rendered his opinion as to the
admissability of evidence by the prose
cution tending to disprove the story
told by Miss Elizabeth Loving to her
father of her ruin at the hands OF
Theodore Estes. The opinion was iD
favor of Judge Loving and the evil
dence will not be submitted. Judge
Barksdale ruled that the character or
the girl or the character OF the man
who was killed was not the issue, and
the truth or falsity of her story had
no bearing on the case.
Saw Loving Before Tragedy.
T. H. McGinnis, who conducts liv-
cry stable at Lovingston. testified that
he saw Judge Loving about three
o'clock the day of the tragedy, just
minute before it occurred. He talked
with the defendant. who asked for
Theodore Estes. Witness told him
THAT lie thought ESIeS was III q >e~i'
and Judge Loving started in the direc-
ton indicated The only evidence
Judge Loving showed of excitement
was that his face was red.
McGinnis ran out of his place
short distance away when he heard
the shots, and found that Loving had
killed Estes He talked with Low
= I
ed The defendant remarked: "A doc
tor will do no good. l shot to kill.
Did you notice anything unusual
or peculiar about Judge Loving after
the shooting?'
Il did not observe him closely"
did you perceive any evidences of
mental weakness on the day of the
tragedy"
Il cannot say that l did
The defense secured from the wit
ness a statement that Judge Loving
made to- him after the tragedy when
asked why he killed young Estes,
which was: Theodore Estes took my
daughter out buggy riding and drug
ged and ruined her"
McGinnis is a bondsman of Judge
Loving, and was summoned as a wit
ness by both sides.
E. l. Kidd, county clerk of Nelson, at
whose home Miss Elizabeth Loving
spent the night after the buggy ride,
was called.
Had Reputation as Sportsman.
Mr.. Kidd testified that he had
known Judge Loving for years, and
that he had a reputation for being
great sportsman and was a good
shot He further said Judge Low
ing's handwriting was clear and dis
tinct, and that he had been intrusted
with the care of large estate The
witness stated that he never heard of
the defendant being insane or having
a hereditary taint of insanity. He
was introduced for the purpose of
showing that the accused was a sane
and responsible man.
w. d. Dawson, rural letter car
rier of Lovingston, testified that he had
known Judge Loving 10 or Is years,
and regarded him as high-tempered
man. Witness had never heard that
he was insane.
j. o. Loving Of Lovingston testified
that Judge Loving had very strong
opposed him in actions or opinions
He believed everybody was wrong
except himself" said the witness.
Did you ever hear that Judge Low
ing was insane?"
NO"
when was the first time you ever
heard it suggested that Judge Loving
was insane?"
1T was about ten days ago"
1t was ascertained by the defense
that the witness was connected by
marriage with the Estes family.
L. J. Sheffield of Lovingston
said he had known Judge Loving for
10 or II years, but had detected no
indications of mental disease.
John T. Fitzpatrick, of Nelson coun-
ty, testified that he had known Judge
Loving for about 20 years, and had
never heard his sanity questioned. In
reply to questions by defense he said
that Judge Loving could have remain
ed drunk almost continually on the
farm and be not hear of it.
John Horsley, who has lived near
Lovingston for 62 years, had known
Judge Loving for number of
years. Witness said he considered
Judge Loving very bright man of
fine physique.
Mr.. Bouldin stated that he had
hypothetical question to ask one Of
the witnesses, and asked for adjourn
ment at noon to give him time to pre-
pare the question.
The commonwealth announced their
intention to close their case after the
examination of several insanity ex-
perts.
Five Perish in Fire.