The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-07-02

No Noisy Demonstration hduc Nnen
Verdict Was Observation-Disclosures
and Wife Affected to Tears-His
Daughter Not Present-Jurors
We're Thanked by Loving and
Acknowledgement of Counsel
for prosecution and Defense.
Houston, Va, June 29.-After being
in the jury room 45 minutes the jury
this evening returned a verdict Of not
guilty in the case Of former Judge Wnl.
G. Loving, of Nelson county, and man
ager of the Virginia estate of Thomas
F. Ryan, who was placed on trial here
last Monday before the circuit court
of Halifax, Judge VIM. r. Barksdale.
presiding, for the murder OF Theodore
Estes. son of Sheriff NJ. K Estes. OF
Nelson county Judge Loving shot
and killed young Estes on April %, at
Oak Ridge, following buggy ride
Estes had taken with the JUDGES
daughter, Miss Elizabeth Loving, Who
told her father that her escort had
drugged and assaulted her.
The jury retired at A. As O'Clock and
from that time until the verdict was
returned the defendant remained in
the seat he had occupied since the
trial began and surrounded by tue
members of his immediate family with
the exception of his daughter Elizabeth
who was not present today. AT $50
o'clock a loud knock was heard on the
door of the jury room and Judge
Barksdale who had taken his seat on
the bench. ordered the sheriff to pre-
serve order and cautioned the large
crowd that had remained not to give
vent to their emotions when the ver-
dict was announced. The verdict of
acquittal was read by Foreman Z. S.
McCraw.
Judge Barksdale thanked the jurors
for their attendance upon court at
great sacrifices He declared that
he believed that the verdict was in ac-
cordance with the conscientious views
of the jury.
After the jury had been discharged
Judge Loving, his wife and other rel
atives shook hands with and thanked
each juror.
Tears streamed from the eyes OF the
defendant and his wife. Judge Lov-
ing was congratulated by many Of his
friends present, though in accordance
with the warning of Judge Barksdale,
there was no noisy demonstration.
Foreman McCraw. merchant and
farmer, said that when the jurors en-
tered the room. one of them did not
exactly understand all of the instruc-
tions of the court and these were read
to him. Mr.. McCraw said that when
he called for vote, he requested all
who favored the acquittal Of the de-
fendant to hold up their right hand.
On the first ballot every hand prompt
ly went UP. When asked what the
basis of the verdict was he said in
sanity, and that he and the other
members of the jury believed that
Judge Loving was out of his mind at
the time he killed young Estes. The
stress he said had been brought on by
the story told him by his daughter.
The day was spent in argument, the
forenoon session being taken up by
counsel for the defense and the clos
ing speech for the prosecution being
made this afternoon by Commonwealth
Attorney Bouldin. Attorneys Banks
dale, Moore and Lee for the defense,
spoke practically along the same lines.
They pleaded for an acquittal on the
grounds that Judge Loving was insane
at the time he killed Estes having
lost control of himself upon hearing
the story of the ruin of his daughter
Miss Elizabeth Loving. They dwelt al
some length on the testimony OF the
insanity experts and the excessive
drinking of whiskey by the defendant
some years ago, which, it was claimed
had diseased his brain.
The real basis, however, vas the
~"snwritten law. They spoke Of the
preservation of the sanctity OF Virginia
homes. declaring tnat any man who
invaded the threshold and spoiled
woman had forfeited his claims or
society.
On this point Mr. Moore said:
"You would not raise the mora
standard or elevate the womanhooc O
Virginia by conviction. Don't put th'
badge OF dishonor on him by sendin'
him to the psnitentiary. Don't let |