The Birmingham age-herald., 1907-06-25
UNWR|TTEN LAW |S
 LOV|NG'S DEFENSE Virginia Judge Tried for Kill
 ing Young Estes GIRL WAS DRUGGED, HE SAYS State Rests case-Judge Loving Then Tells the Story-Says Daughter
 Was Unconscious After
 Buggy Drive.
GIRL WAS DRUGGED, HE SAYS

Houston, June 24.-The trial of Former Judge W. c. Loving for the murder of young Theodore Estes, a sequel of a buggy ride which Estes took with Lov- ing's daughter moved rapidly today and when court adjourned this. afternoon the prosecution had rested and the defense begun it's case. Before adjournment of the morning session a jury had been se- cured, the taking of testimony begun up- on the reconvening of court and late this afternoon the common wealth rested its case and Judge Loving, whose defense IS unwritten law, had taken the witness stand in his own behalf. The widespread interest in the case was manifest X large crowd was present, but perfect or der was observed.
 Houston, Va, June 24.-The actual talk ing of testimony in the Judge Loving murder trial began upon the reconvening of court at 2 o'clock this afternoon. The morning session was consumed in secur- ing a jury. The twelve men selected consisted of eleven farmers and one mer- chant. The farmers all reside in Halifax county. The success in so quickly se- curing the jurors surprised both sides. Some of the veniremen were opposed to capital punishment, while several claimed exemption under the law governing the serving of farmers during harvest time. At the morning session of court the most composed of the Loving party was Mrs. Loving, who displayed little emotion.
 During the reading of the indictment returned by the Nelson county grand jury, May 2S the prisoner raised his handker- chief once to remove few tears. His daughter Miss Elizabeth Loving, wept during almost the entire time of the read ing and when she left the court room at noon her face was flushed.
 A few minutes prior to this she had been smiling like a child at some anus ing incidents in the court.
 Judge Loving Cool.
 Judge Loving appeared to be cool, but showed some trace of worry and fatigue. At the right of the defendant was seated his wife, dressed in black, and beside Mrs. Loving was her daughter, Miss Elizabeth She appeared more excited and trembled visibly Her eyes were very watery and she raised her hand occasionally to wipe a few tears she could not restrain. To the right of the young lady was J. M. Loving. A farmer of Amherst county, and brother of the prisoner. On the left Of Judge Loving was seated Miss Annie Snead a teacher in the woman college at Lynchburg and a sister of Mrs. Low ing. Others who were seated with Judge Loving were Judge J. Thompson Brown, B. R. Harrison of Lynchburg, w. G.. Loving, Jr., and George Fortune of Nell son county, who is an uncle of Thomas F. Ryan. The last named is a witness for the defense.
 "UnWrtten Law"
 During the afternoon session, eleven witnesses testified for the prosecution. Phe feature of today's proceedings was the showing of the hand of the defense, which is the "unwrtten law" pure and simple, though this phrase has not been used by the attorneys of either side. The plot will be that the victim had taken Miss Elizabeth Loving, the 19-year-old daughter of the defendant, out for buggy ride on the evening prior to the killing and had with the aid of drugs mal treated her. In answer to a question asking for his reason in certain line of examination of witness today, Attorney Lee of the defense replied that 1t was to show the mental state of the defendant at the time and prior to the killing, and the provocation which so ffected his frame of mind.
 Judge Loving was the first witness for the defense. He was about to tell of his conversation with Harry Snead, who first brought to him the information of the alleged drugging incident, when the as torneys for the prosecution objected to his answering this question. Judge Barks dale adjourned court. and will render his  CONTINUED ON PAGE 4J