Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-25

one Of the two persons working in the car
at the time that the shooting took place,
and was an eyewitness to the killing. Fos-
ter, in reply to questions propounded by
Mr.. Bouldin, the prosecuting attorney. said
that on the day of the murder he went to
Oak Ridge or Shipman after some fer
tilizer. and found young Estes in the box
car where he was to load his wagon.
After remaining In the car for few
minutes, the witness went on to say, Judge
Loving drove up in his buggy and climbed
working.
Then Loving Fired.
What did Judge Loving do when he came
into the carr" asked Attorney Bouldin.
He told me to stand aside" replied Fos-
ter. land after 1 got out of the way he
leveled his gun and pointed 1t toward Mr.
Estes"
Did he say anything to the dead man
after he had raised his gum"
Yes. sir. Judge Loving said to Mr.
Estes: Then you are the fellow who goes
riding with girls and drugs them, but
you'll not drug any more
Then what happened?" asked the prose-
cutting attorney.
Mr. Loving fired one shot and before
Mr.. Estes fell he fired another
Can you tell us whether the young
man said anything after he was shot?''
eS, SIT, ne Crleu 10 us, Help me. Help
me-! and when he said this l called Nick
Reed, another colored man, who was work.
ing in the car. and both of us went to his
assistance"
Foster than went on to say that Reed
was the first man In the car to discover
Judge Lovings approach. and that Reed
made some remark about the judge with
a gun in his hand, and that at this time
young Estes was further back in the car.
The witness was questioned closely by Mr..
Lee, one of the attorneys for the defense.
regarding the position of young Estes: and
whether he attempted to get out of the
car, or appeared excited when Judge Low
ing's appearance became known. but lit
tie information bearing further on the trag-
edy was gained.
Testimony of Reed.
The second witness called was another
negro, Nicholas Reed, also employed by MT
Whitehead. Reed was loading a wagon at
the car in which the murder was commit
ted. Reed said that while standing in his
vehicle. Judge Loving drove up. and, after
making some remark to young Estes about
taking girls out driving and drugging them,
he fired twice. The murdered man. he ex-
planned, cried. No. sir. judge you are mis-
car. Following the shooting, Reed told the
jury. both he and Foster went to assist
Estes. but that Estes died about the time
they reached him.
I'VE knew it was too late" remarked
Reed. and we then called Mr.. McGinniss,
storekeeper at Oak Ridge. who came
over to the car and viewed the dead man."
Asked what Judge Loving did after he
had killed Estes, the witness said that he
got In his buggy and drove off.
A Youthful Witness.
Probably the youngest witness who will
be called during the trial then testified,
being Russell c. Brown, eleven years old,
who resides at Shipman. the scene of the
shOntinp The
the case further than that he was playing
about the car when Judge Loving drove
up and that he saw Theodore Estes killed.
He testified that he saw shots fired and
was present when the accused drove off.
Another witness who was at the scene
of the shooting on the day that young
Estes was killed was William Powers. COL
ored, who testified to the fact that he held
Judge Lovings horse while the accused
went to the box car with his gun. Powers
stated that he was standing opposite Nc
Ginniss store, at Shipman. when Judge
Loving rode up. and after stopping request
ed him to care for his horse while he was
absent. When the accused came back,
the witness explained, he said nothing
about having shot anybody, but got in his
buggy and started toward Lovingston.
Answering a question propounded by Mr.
Lee. counsel for the defense, Powers said
that Judge Loving made no attempt to con-
ceal the gun that he had in his possession
body in sight of Judge Loving
Search for Estes.
Julia Hubbard. an aged colored woman,
employed at the Central Hotel, at I.ovings-
ton, when called upon the stand stated
that on the day of the shooting Judge Low
ing drove into Lovingston and asked her to
go over to the store kept by the father of
young Estes, which Is just across the street,
and tell the latter that he Judge Loving
wished to see him. The witness explained
TO the jury that she went the errand,
but that she failed to find the young man,
and when the judge was informed of this
fact he went off toward Oak Ridge
During the examination of John NJ Shin
man of Shipman. Va, one of the witnesses
for the prosecution. the clothes worn by
the dead man at the time of his death were
exhibited in court for the benefit of the
jury to show the location of the wounds
Mr.. Shipman assisted in the removal Of
Estes body to his late home, and the
clothes of the dead man have since been
In his possession.
He also stated that he passed Judge Low
ing on the day of the killing and that he
appeared to be in an angry mood, although
he (Shpman) did not inquire the cause Of
his anger.
At the Inquest.
Particularly important testimony bearing
upon events that transpired directly after
dence of t. B. M Perkins. who lives near
Lovingston. He is the justice Of the peace
before whom the inquest was held The
witness said that on the night OF the shoot
ing he received a telegram from Oak Ridge
requesting him to come to the place for
the purpose of holding an Inquest. On
the way he met Judge Loving who sur
rendered to him.
Asked by the prosecuting attorney
whether the accused made any statement
to him relative to the shooting while en-
route to Oak Ridge. Mr.. Perkins replied
that he did not. further than that he was
in his Perklns) hands and wished him to
protect him.
Did he say anything at all at the hear
ing? asked Mr.. Bouldin.
Yes" replied the witness, "he stated
that he had killed Estes because he had
learned from his daughter that she had
been taken for ride and was drugged
and that when he heard it every fiber in
his body shook and he deliberately sought
the life of the man who was responsible
for the deed"
Determined to Kill.
Did he add anything to this statement"
HE did. No one, he went on to say
could have prevented him from killing