Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-06-27

other relatives are very anxious that this
step be taken. They argue that the sec
ton being thickly populated and the
roads in plain view OF 8 score or more
houses would render it impossible for
such q crime SIS charged to have been
committed without being witnessed by
number Of people. II this step Is taken,
the trial will be continued for several
days longer than otherwise.
If the prosecution is able to get its tes-
timony before tbs court, Commonwealth
Counsel Bouldin proposes to put Miss
Kidd, Miss LOving's closest friend, on
the stand in an effort 10 show that the
lattei's story of drugging and mistreat-
ment by Estes is untrue.
The prosecutors contention Is that
Miss Loving was intoxicated, did not
wish to return home 10 that condition,
was accordingly taken to the Kidd home
and put to bed, and that she concocted
the account of the attack on her to save
her father, who, the Commonwealth At
toruey holds, killed Estes as the result Of
quarrel over some entirely different
matter.
Houston, June 27.--At the opening
of court today Judge Bsrksdale rendered
his opinion regarding the admissibility
of evidence by the prosecution for the
purpose of proving that Miss Loving's
story Of being drugged and ruined by
Theodore Estes, who was killed by her
father, was falqe and untrue. The de-
cision was against the prosecution and
the evidence will not be admitted. This
ruling is a great victory for the defense.
Mat II. McGinnis of Loviugston was
the first witness called by the prosecution
today. He saw Judge Loving just be-
fore and just after the shooting. His
account of what transpirei, in so far as
he saw, was about the same as given by
other witnesses.
E l.. Kidd was the next witness call
ed by the prosecution. he is clerk OF
Nelson county court, and Miss Loving
spent the night prior to the killing OF
Theodore Estes at his house.
The witness had known Judge Loving
for years, and testified that he regarded
him 80 sane man. Witness was ask
ed about the handwriting of the defen-
dant which be said was bold and clear.
He was asked about Judge Loving's
hunting record, to which he replied
"He has the reputation of being a very
fine shot"
'Do you know whether there is any
hered t'ry faint of insanity about Judge
Loving?"
~ never heard Of any,"
"What was The temperament Of Judge
Loving?"
"He had reputation of being very
high tempered"
w. NJ. Dawson and J. O.. Loving,
both of Loviugston, we're called to prove
that Judge Loving was not insane aud
that they never heard 1t suggested until
after the tragedy that be was insane.
j. o. Loving, who is not relative
of the defendant, testified that he con.
sidered Judge Loving high tempered
man, who thought everybody wrong who
did not agree with him.
Several other witnesses we're examined
who testified along the same lines. All
of the witnesses in rebuttal OF insanity
we're from Nelson county and bad known
Judge Loving for number of years and
bad never heard his sanity questioned.
The prosecution announced its inten-
ton of closing its case this afternoon
with the examination of several insanity
experts.
Adjournment was asked for until 2
O'Clock that the prosecution could pre-
mare a hypothetical question.