The Washington herald., 1907-06-25

In Virginia.
NictiHl-TheOdOre Estes, also
membeT OF one OF Nireinia's oldest
famiiies
Cause.-The alleged mistreatment
of Miss Elizabeth Loving by Estes
while out driving.
Place Of triai-Houston, Halifax
County. Va the accused having
obtained change of venue.
Presiding judse-W. r. Barks-
dale.
Probable defensc-The "unwrit-
ten law
Special TO The Washington Herald
Houston. va. June A-Judge William
G.. Loving. Of Nelson County. was placed
on trial here to-day for the murder OF
Theodore Estes. at Oak Ridge. last
April -
NO difficulty was experienced in the Sc
lection of a jury during the morning ses-
sion. while in the afternoon the State
completed the presentation Of its eyi-
dence in two hours. and the accused was
placed on the stand as the first witness
for the defense.
The State introduced a dozen Of the
siNtr-lour witnesses who had been sum
moned in making its direct examination.
and iH-t4iis number no new facts were
adduced. The two colored men who
were at the car al the time Of the shoot
ing told Of seeing Judge Loving approach.
that Estes was informed Of the fact and
also that Loving had a shotgun.
Tells of Estes shooting.
Estes, said the witnesses. made no at
tempt 70 conceal himself and did not try
10 get out of tine car. paying absolutely no
attention 70 the action Of Judge Loving.
They told how Judge Loving Lad entered
the car, MADE a remark TO Estes about
taking the ladies out driving and drug
ging them. and then firing load Of buck
shot into the boy as he stood with his
hands upliued.
Estes had made a protesration TO the
judge. but had not been needed. the irate
father raising the gun second time and
firing the remaining charge into the young
mans neck, almost seyeriug his head.
Estes fell to the floor and died in a few
moments.
Russell g. Brown. a little white boy.
told Of hearing the reports of the gun. OF
seeing Judge Loving leave the car. and
of his breaking down the gun and throw
ing the shells on the ground These the
boy picked up and save them 20 the ON
GERS when Juoy asked for them
The officer who arrested Judge Loving
told Of taking possession of the gun ana
OF the finding of four loaded shells iu his
overcoat pocket All these we're produced
IN court along with the gun and the
clothing Estes Wore ut the time of the
shooting. These CORY relics caused a
shuddev when they were disulaved tga
underEarmed-s being literally perforated
by the buckslot which the cartT.deaz
contained. When the last of the dozen
witnesses had been heard Attoruev Wood
Bouldin arose and made the brief state
mcnt.
The prosecution rests lis case.
Defense Not Jnpreparcd.
The announcement came as q surprise
70 the spectators. and 90 the defense.
though the defense VAS not wholly IN
prepared 20 hear the announcement. That
the other witnesses Will be called in re-
huttal is known. and the belief exists AZ
this time that strong efforts are % be
made 20 discredit some of the statements
which are 90 he made 10y the defense.
Il may be that aH attack on Miss Low
ing's evidence will be made. but this can
not be stated with certainty. The prose-
cution is in the position of having proved
the killing. and viii be able to force The
defense 10 play its hand before the state
is called to put in rebujjaL
we will call Judge William q. Loving
as the first witness for the defense an
noUnced John L. Lee. who is leading in
the case, though Aubrey Z. STROBE is
senior counsel Judge loving arose with
calmness and deliberation. walked over
20 the clerks desk. and listened % the
oath. He imprinted a kiss on the bible
turned, and walked coolly 90 the witness
stand. His counsel asked him concerning
his age, residence. occupation. family re-
lations, and settled back 10 listen TO his
narration of the facts in connection with
the shooting.
Names OF Jurors Announced,
Judge Loving. after saying that he had
practiCed law, been I'm the general assem-
bly,. and was now manager Of the estate
of Thomas T. Ryan. of New York. took
up the matter Of being told of the alleged
conduct Of young Estes toward his daugh-
ter Miss Elizabeth Loving. while out
driving Sunday afternoon, April o. He
said that this information had come TO
him through Harry Sneed. has brother-in-
law, who had come into possession Of
them while at L0vingston.
Sneed had declared that he believed It
TO be his duty to tell the girls father Of
what he had been told. and ne did so after
q great deal of hesitation.
Judge Loving had barely more than
started a recital of what Sneed had said
when the State interposed a serious obiec-
tion, saying that what had been told the
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