New-York tribune., 1907-06-26
LOVING STORY TOLD.
BUGGY RIDE WITH ESTES.
Father and Daughter Testify at
Virginia Murder T'riaI.

| Loving, for the murder of Theodore Estes told
on the witness stand here to-day the story of her
! alleged ruin by the young wnom her father
! killed The recital was probably the most dramatic
! ever heard in Virginia court of justice, and
rivaLed the story told by Evelyn Nesbit Thaw.
1t was the story she said told to her
! father on tho morning of the tragedy and which
eliminated in his hunting down and Staying the
man whom she charged with perpctrating the
| deed.
Estes. she said. had givon her drink of whskey
! from flask he had In his pocket while they
buggy riding or the afternoon prior TO the
killing. After taking the drink she declared that
she Immediately began to feel dzzY and her head
"spinned around" as if she had taken power
ful drug. In this condition and despite her pre-
tests she declared that Estes drove her
frequented road and, despite her screams, as
sauted her. Exhausted by the struggle and her
mental faculties rendered incapable from the
Stimuant. the witness declared that she recalled
nothing more until she regained her senses while
IN bed late that night at the home of County
clerk E. l.. Kidd where she had been visiting Miss
Kidd
She testified that on the following morning. when
her father asked her for the cause Of her being
brought to the home Mr. Kidd In an unconscious
condition, she related to him on bended knees tho
same statement she made to-day. It was this re-
cita declared the defence which so affected the
mind Of Judge Loving that it impelled him TO COM
nit the crime
Whether the story told by the nineteen -year-oId
girl to-day can be torn to pieces and dsproved by
the prosecution remains 10 be seen and on the dis
proving or this story hangs the fate of the de-
fendant The prosecution asserts that II can be
SHOWN that tho outrage laid at the door of the
WhCSe lips are sealed forever was impossihIe The
rebuttai evidence by the prosecution will be prob
ably the most important. though the most sen
sdtional. feature of the case How much of tho
evidence they already have can be introduced is
yet 10 be determined, and legal battle the point
of admissibility Will be waged tomorrow as tho
( oe4el4Ce mas already announced that its is
nearing end,
Miss Loving admitted that she had taker two
drinks OF whiskey with young Estes during tho
drive, the first being while Estes's store
She was asked about other occasions when it IS
charged, she drank whskey. but the prosecu-
tion objected on the ground that it had no bearing
on the case, The defence waived tho questions for
the present. but may insist upon similar later
in the trial Aside from the testimony OF the young
giri the examination OF two physicians concerning
the possible insanity Of Judge Loving at the time
of the killing ana the testimony of the defendant
and Harry snead were features Of the trial
DR.. William Tunstall. of Lovingston. who
Judge Loving before and after the killing testified
/ thai he thought Loving committed the crime while
insane. Tunstall is practising physician Of Mel
son County He based his theory that Judge Low
ing insane practically the fact that he
failed to speak TO him In passing before the killing
and afterWard that Lovings head hung low and
he pale" and also his personal knowledge
OF Loving, who, he said, went frequent
debauches ending In delirium tremens. Judge
Loving. he thought. derauEcd for over an
hour and a half. but in applying bail he ap-
peared sane and capable OF conducting his own
Or. TunstaII said he had been connected with the
University OF Virginia and had n number Of
occasions passed on cases or insanity. He had
known Judge Loving practically all Of his life
few minutes before the shooting he Loving
driving IN buggy, and his general appearance
changed that Or Tunstal stated that he
did not recognize him. The witness said Judge
Loving. after the shooting. seemed 10 be- wander
ing aimessly about Or Tunstan asked him
about the TRAGEDY to which Loving replied: .That
man took daughter out driving and druggcd
/ and ruined her"
went on a spree in Lynchburg. and his mental
condition was seriously affected as result
"WN a long series OF debauches affect the
brain?" he asked.
Yes was the answer
The witness stated that during the Inst few years
Judge Loving had become dIsagreeable and in
tolerable although some years ago he was pleasant
and anable
DR.. Tunstgu believed that Judge Loving was
laboring under such excitement and stress Of mind
that he did not realize tho act he committing
Witness said he had never heard the sanity OF
Judge Loving discussed before the tragedy. He
had heard his temper, his unreasonable acts
his passion and his harshness
What species OF insanity do you think Judge
Loving labored under?'
II do not know"
'You are not expert insanity"
when a man suffers from delIrum tremens is
this insanity temporary"
did you think Judge Loving was insane when
he judge?"
once ! thought he was insane because he had
indicted for selling malt with too much alcohol
in it,
DR. Tunstall was conducting drug store at that
time and his answer provoked much laughter.
Or, II. r. Melvin. of Halifax, who has for forty
five years practised medicine. was the next witness
He stated that no had passed upon the mental
condition Of many persons. and testified that
tinued drink brought excitement which often
| ended In insanity.
DR. Melvin was cross examined by Mr. BouldIn
He stated that his practice mostly for bodily
diseases.
After long arguments this morning Judge Barks-
dale allowed Judge Loving to relate the convcrsa-
/ ton with Harry Snead, his brother-in-law. which
, he had commenced when court adjourned yester-
day. and which objected 10.
Judge Loving said that the morning of April
t % Gr,ca int 3V6u
hesitation said he had most painful story 10 tell
as to on occurrence to his daughter. Snead said
While he (Snead) out buggy riding on the even
ing before, he Elizabeth Loving and Theodore
Estes out riding
inquired for Snead saying that Miss Loving had
returned from her ride in bad condition. Con-
( tnuing tho witness said:
"Snead went to the at Mrs Kidd's and saw
/ Miss Loving in bed. She deliTiuus. Snead said
that in the parlor OF the Kidd home he Mrs.
Kidd and Theodore Estes and told them he would
go for a doctor Estes. however, insisted in get
! ting n doctor himself DIR. Strother arrived and
she did not recognize him Harry said that my
daughter was in the care Of DIR. Strother He then
went down the street. when w. i. Lee a mcT-
| chant Of Lovingston and knsman Of his wife,
Estes had informed him (StrotheO that Elizabeth
was drunk and to treat her for that and ray
nothing of It. Sneal said that DIR. Stroller had
to him and requested him to communicate it
70 me.
Harry said that he returned home that night
ana decided to tell me. : was shocked and sent
for my wife and daughter. ! received letter
from Miss Annie Kidd. saying that my daughter
was still there My wife went after Elizabeth in a
surrey, returning with her
after dinner asked Elizabeth I'm my room and
told her Of the conversation with Harry Snead
She got down on her knees and between sobs and
tears said that on Sunday evening Theodore Estes
requested her 10 go buggy riding with him. She
declined. but upon being urged. accepted. After
they got IN the buggy they drove down to the