The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-25
|LOvINC'S STORY.
Father of the Girl Whose Al
legged Ruin He Avenged
TeStifieS in His Own Defense at
Trial for Murder.
HE SLEW YOUNG ESTES
On the Strength of What His
Child Told Him.
Other Testimony That She Was
Drunk and Unconscious.

Houston. Va, June 25--When the trial
of former Judge Loving charged with
| the murder of Theodore Estes adjourn
| ed yesterday the defendant had begun
/ to relate a conversation with his broth
er-in-law, Harry Sneed, who told of
the alleged drugging of his daughter,
which led to the killing, when the at
torneys for the prosecution objected on
! the ground that Judge Loving's state
ment would be hearsay evidence. After
lengthy arguments today this objec-
ton was overruled, thus scoring an in
cidental victory for the defense Judge
Loving, continuing, said Mr.. Sneed
came to his office and told the painful
story. Sneed said that while buggy
riding on the evening previous he saw
Elizabeth Loving and Theodore Estes
out riding.
E. L. Kidd came to the home of the
that Miss Loving had returned from
her buggy ride in a bad condition. Con-
| tinuing the witness said:
'Sneed went to the room at Mrs.
Kidds and saw Miss Loving in the
bed. She was delirious and her condi-
ton was pitiful. Sneed said that in
the parlor of the Kidd home he saw
Mrs. Kidd and Theodore Estes and told
them that he would go for a doctor.
Estes, however, insisted on getting a
doctor himself DR.. Strother arrived
said that my daughter was In the care
of DR.. Strother. He then went down
the street when w. B. Lee, a merchant
of Lovingston and kinsman of his wife,
told him that DR.. Strother had said
that Theodore Estes had informed him
(Strother) that Elizabeth was drunk
and to treat her for that and say moth
ing of it.
that night and decided to tell me.
was shocked and sent for my wife and
daughter. 1 received a letter from
Miss Annie Kidd saying that my daugh-
ter was still there. My wife went
after Elizabeth in a surrey, returning
with her. 1 told Elizabeth of the con-
versation with Harry Sneed. She got
down on her knees and began sobbing
and said that Sunday evening Thee
dore Estes requested her to go riding
with him. she declined but upon be-
ing urged, accepted. After they got in
the buggy they drove to the house
where Theodore Estes lived and he
got out and remained for some time.
They then drove, she said, in the di-
rection of Gap. While returning.
Estes produced bottle of whisky and
offered her drink. She declined; but !
later did take drink and in a second |
felt dizzy and queer. She requested
him to drive fast and return home in
stead of continuing to Lovingston, He
went rapidly up the mountains, in an
opposite direction. After that she be-
CAME hAo AAON MI"
what happened. When asked If Estes |
had assaulted her she said Estes had
forced himself upon her and she had
only faint recollection. This revela- |
ton came to me as a thunderbolt
from a clear sky. I loved my daugh-
ter and no power on earth could have
restrained my hands.
The witness here began to weep. |
Several of his relatives also shed tears. |
Continuing Loving said:
I'm this condition of mind 1 went
out intending to put that man to
death I got my shot gun and drove |
alone to Lovingston, but found he was
at Oak Ridge. 1 went to Oak Ridge |
where I learned Estes was in a car at
the station. I then turned my horse
to a livery stable. got out of the buggy
and loaded my gum 1 saw Estes in
the car with two negroes and waived
them aside and said to Estes: You are
the young man who takes ladies out
driving and drugs and ruins them I
heard no reply and when he made |
motion as to leave the car 1 shot him.
I then surrendered to the sheriff"
Harry Sneed who lives on the Oak |
Ridge farm and who is assistant man |
ager of the estate of Thomas f. Ryan |
of New York, was the next witness. |
He related that on the morning of the |
trag edy he told Judge Loving that he |
had been sent for to see Miss Loving i
and found her in a drunken, uncOn-
scious condition. He also testified |
about his meeting Miss Loving and |
Estes in buggy.