The Washington herald., 1907-05-29
SPECIAL TO Tho Washington Hzald.

SPECIAL 10 Tho Washington Ha-ald.
Loyingston, Va, May &-A true bill
was returned by the grand jury to-day
against Judge W. G. Loving for the mur-
der of Theodore Estes. The jury was in
session less than an hour. and heard but
three witnesses-the two negro laborers
who saw the shooting and DR.. Tunstal,
who examined young Estes body
After some brief argument, the defend
ant was aIraigned The indictment is IN
the usual form, and Judge Loving. while
it was being read. stood perfectly erect
and cool. looking steddfastly in the face
of the clerk.
After some brief argument on the ques-
tion of bail, that matter was postponed
and the reading of afidavits on the mo-
tion of change of venue was begun. The
first of these was by Judge Loving him
self. and deals with the high standing and
wide popularity of Sheriff Estes. the
father Of the slain man. and Mr.. Kidd,
clerk Of the court. his uncle.
Court adjourned at o'clock, and Judge
Barksdale granted bail in the sum of
Slooo double the former amount, on
which the accused was released al Oak
Ridge April g. Judge Horsley. Of Lynch
burg. signed the bond. After court recon-
vened the question of a change of venue
was again discussed, and il viii und0ubt-
odly be granted.
Judge Loying's Affidavit.
The first affidavit was one from Judge
Loving himself, in which De states that a
large number of the population Of Low
ingst0n are relatives and connections of
the Estes family; that Morris K. Estes,
the father Of Theodore Estes is sheriff Of
the county. and that his son was his
deputy. He further states that T. L.
Kidd. the clerk of Nelson County. who
is also closely related to the Estes family.
has been particularly bitter i'm his de-
uunCiatiOU Of him. S. b. Whitehead,
Commonwealth attorney, he hears on
good authority. is most violent in his
prosecution, and his feeling has Ted him
% overstep the bounds OF an officer OF
the Jaw Judge Loving states that he IS
not guilty of the crime for which he
stands indicted, and says that an acquittal
IS his if he is accorded fair and i'm
partial trial. which ne thinks impossible
at LOvingstOn.
The second affidavit was by John W
Ware % the effect that q relative of
Estes sought 20 induce him to say that
certain buggy tracks i'm a byTOad where
Estes is supposed To have driven Miss
Loving for the purpose Of escaping OBJ
servatiou. were not made by the buggy
driven by Estes. but by that OF another
person This Ware refused to do.
Afidavits by r. NJ Boiling and George
Boiling, paper layers, who were at work
in the Central Hotel soon after young
Estes was killed, stated that while they
were thus employed. a relative Of Estes
talked Of the case frequently. and said
that Ware was wrong about the busy
tracks. and that he had been bought by
the defense.
Declares Prosecutor Preiudieed.
According to the sworn statements Of
". T. BridgaWater, j. s Hare, L. II.
Brown. and DE- WA. Strother, Common
Wealth's Attorney Whitehead has been at
all times most infammatory in his action
against Judge Loving. J. s Hare states
that his actions resembled more those of
the leader OF "a mob than an officer of the
law. on the day Of the burial of Estes.
while riding in company with Dr. StrO-
ther he remarked that it was dirty
murder" and that he Whitehead "by
the eternal Cod would prosecute il 10
the fullest
When asked by I. II. Brown, who is
associated with the defense. if he had any
part in the writing Of a statement TO
newspapers purpoTting 20 have been writ
ten by Mr Shipman. Mr Whitehead said
that the statement was written in his
Office, and when asked if he himself wrote
i. he refused TO answer, but subsequently
admitted that he might have been the
author of part of it.
Judge Gordon Testihes.
Judge Gordon was sworn as witness.
He testified that he had always re-
Trained from discussing the case, and had
made up his mind when he first heard
about it that he would not try it, He
thought that Loving could get a fair
trial at Lovingston. though he had never
talked with the people of Lovingston
about the case except to ascertain if
there was any chance Of any violence
being done Loving, as regarded himself
as the chief peace officer Of the county,
and that it was his duty TO see that
there was no violence.
Clerk Kidd and Sheriff Estes both tes-
tilted I'm the case. rs did also John Swan
son. They said that there would be be
tween fifty and seventy-five witnesses in
the case, and that they were largely poor
people, who would not be able TO raise
the money to go to a distant county
Both Of the hOtelkeepers were examined
by the Commonwealth and discIalmed any
bitterness i'm the matter. Dawson said
that he had arranged to quarter the jury
I'm case he should keep it I'm a house some
distance from his hotel, wnere they would
not be brought In contact with his family
Perhaps twenty-five citizens from various
parts Of the county testified that in their
opinion, Loving could get a fair and i'm
partial trial IN Nelson County
The witnesses were all cross-examined
by Counsel Lee. In nearly every instance
they said that II they were in Loving's
place they would rather not be tried in
L0vingston, though they believed that
he could be given fair trial here
After a conference LOying's counsel
proposed that the matter Of the change Of
venue be submitted without argument
Whitehead said that they wanted TO
argue. Mr.. Strobe opened the argument
for Lovings side on this question Daniel
Harman replied. and r. Walton Moore
replied for Loving.
Court reserved decision until tomorrow
morning.