The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-06-26

hand over her mouth to prevent her
screams. and at that point her mind be-
came a blank and she did not know what
had happened
! This was the story told witness by the
| girls uncle and Loving said that he did
not know what 10 do lie would not go
| for his daughter himself. but sent his
| wife. for the reason that he was afraid
/ 10 trust himself at any place where he
| might see the young man. The carriage
/ for Miss Loving returned without her. the
/ driver bringing a note from Miss Kidd
saying that Miss Loving was then III, and
( that II she recovered during the day she
/ Miss Kidd would drive over with her.
! Mrs Loving was then sent for her, and
| She arrived about noon After dinner the
witness had called his daughter into his
parlor and he told her what her Uncle
Harry Sneed had said. and asked her If
IL was true.
Falls Upon Her Knees.
MY daughter fell upon her knees said
Judge Loving his voice showing the great
emotion that filed him. and his big frame
began 10 CULVER Here he asked the court
TO excuse him for a moment and he
struggled 10 regain control OF himself
Resuming, he said:
She told me that Estes had taken her
for drive. confirming just what Sneed
| had told me. ! then asked her IL Estes
had offered her any indgnity. or had
attempted TO assault her, and she told
me that after getting up the road leading
/ 10 the mountains. while she was unCOn-
sciOus and IN a daZed condition. he had
/ forced himself upon her She said, be-
tween sobs. that she had fought him of
and had screamed. and that when she
mad screamed Estes undertook 10 re-
strain her by placing his hand over her
mouth. Then she lost consciousness.
MY daughter was my pride. l ad-
mired her for her beauty and for her
purity. and I would not have hesitated
70 have killed the man who might have
whispered a word against her. Her
statements shocked me and swept me
from my feet. and l say now that all
the powers OF the earth could not have
restrained me from seeking out the man
and killing him.
Gets Gun and Cartridges,
I got my horse and buggy and went to
my office. There I saw my shotgun
standing in the room. took this and
went TO my desk and opened a drawer
taking therefrom six shells.
Il then got into the buggy and drove
/ 20 Lovingst0n. Going TO the store kept by
/ Estes I asked If he was in, and was told
/ that he was at Oak Ridge. l drove back
/ 20 that point and asked II Theodore Estes
was there Some one directed me 10 a car.
. fr -fr- Z -r4-s vs-n 1rtfg rf rvtr
/ went to the door and saw Estes inside
I the car I waved 20 the negroes % stand
aside.
'I then said to Estes. SO you are the
/ Young man who takes young ladies' out
/ driving. drugs them and ruins them I
I then raised the gun and fired at him The
shot hit him. and as he fell / fired the
/ second time. When ] saw Estes IN the car
. I thought from a movement he made that
/ he was trying 20 escape through the door
/ on the opposite side Of the car.
After shooting the man. I Went back
and got the horse and buggy had left at
I the livery stable. and drove of. I saw
/ IT. H. Nagianis, a friend Of mine and
asked him 20 enter the buggy with me and
/ 90 60 with me. telling him that l had
/ shot Estes and wanted 10 surrender 20
/ the officers of the law. / found the JUS
/ tice Of the peace and informed him OF
what I had done. I was taken into Gus
| toly and went 10 LOvingston where I
/ was committed 70 the constable. | then
made an application for bail
Estes when he had taken the girl 20
I the home Of Mrs Kidd. went for a doc
/ tor, telling Or. StrOther that she was
suffering from too much whisky and 10
treat her and 20 say nothing about It.
Ny child had told me that she knew
nothing az the time the attack was at
/ tempted til a late hour at night. when
she awOke to find herself in the bed in
/ the home Of Airs. Kidd
other Witnesses Called.
The prosecution asked Judge Loving
| but few questions, and he stood aside.
and Harry Sneed was called 10 the stand
/ tie repeated the conversation he had with
I Loving. cOTrOb0rating the preceding Wit
| ness in every detail except that Sneed
said he went TO Lovings home about S
oclock, while Loving had said that It
was about g o'clock
Following the evidence OF the witness
named. the defense called and introduced
[ DIT c. ". D. Tunstall, Of Lovlngston. and
| DR.. II. B. Melvin. of Houston. who testi-
fed as 10 the condition Of a mans mind
when informed Of the facts as they had
been related TO Judge Loving by his
/ daughter.
This evidence is to admit the instruc-
ton for the defense showing that the
mental condition Of man was such that
he could not be held accountable for his
actions This will give the jury the power
/ to acQuit the accused on the 'unwritten
/ law theory The defense will close to-
morrow at the morning session.
Dog That Likes TO Swing.
I 81