Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-29
LOVING CASE GOES
TO JURY'S HANDS
FINAL Arguments of Counsel
Submitted Today.
KNOWS NO UNWRITTEN LAW
Judges Charge Very Precise on All
Points at Issue.
THREATENING LETTER WRITTEN
An Alleged Estes Partisan Says an
Acquittal Will Mean Death to
All Concerned.
THREATENING LETTER WRITTEN

The Loving case will go to the
ury this afternoon The bulk of the
day was occupied by addresses from
the counsel on each side. There was
no appeal made to the unwritten law,
that phase having been excluded in
the charge of the court. But the de-
Tense appealed to the syrnpathies Of
the jury and urged that they should
not put the stigma of conviction on a
man who had already suffered so
greatly as had Judge Loving.
HOUSTON, Va, June 29.-At the opening
of court this morning in the trial of former
Judge Loving for murder. the arguments of
the attorneys began yesterday afternoon
were continued. When former State SEN
Rtor w. p Barksdale arose to speak for
the defense every available seat in the
court room was occupied Seated with the
defendant were his brother, Mayor j. T.
Loving of Pulaski; Mrs. Loving, her sis
ter, Mrs Chalkley of Richmond; w. G.
Loving, jr.. and Mr.. Sutton from Rich
mond. brother-in-law of the defendant.
Miss Elizabeth Loving has not been in the
courtroom
Mr.. Barksdale said in part:
Il want you to look at this case and all
of the circumstances with a humane view
and in according to the law and evidence
know that there is a suspicion about the
plea of the insanity; but the court had
directed you not to look at it with that
view
The evidence in this case is that the
defendant was on a continuous drunk for
eight years and his mind had been so i'm
paired that it suddenly gave away under
great stress
Think of the only daughter Of this man.
who was his pride, on Bonded knees telling
him that young man had forced himself
on her and put his hand over her mouth
No wonder the light of reason fed from
his mind. We are not appealing to you on
the 'unwritten law but the law that is
written on your hearts and on the hearts
of your forefathers."
The plea of Mr.. Barksdale was based
almost entirely on the preservation of the
sancity of the home. Mr.. Barksdale spoke
briefly and was followed by Attorney Wal
ton Moore for the defense.
Walton Moore's Appeal.
Mr.. Moore said: When we consider
the pitiful story told the defendant on
the morning of April %, We may all pray
TO God that We may be spared from such
an ordeal 1t is a surprise to me that the
defect in the strings of his mind did not
break when he first heard from his
brother-in-law, Harry Sneed the story of
his daughter being brought home drunk
and unconscious. But he did restrain him
self and waited for his daughter. The
majority of men would not have waited
but would have lost their control at once
I'VE have the preponderance of proof
that the defendant was insane al the time
of the killing.
You would not raise the moral standard
or elevate the womanhood of Virginia by
convicting. Don't pat the badge of dis
honor on him by sending him TO the peni-
Tertiary. Don't let it go out to the world
that jury of Virginia gentlemen put the
felon's stripes on a Virginia gentleman"
Mr.. Moore was followed by Mr.. JOAN L.
Lee of Lynchburg for the defense.
Mr.. Lee appealed strongly to the SYM
pathies of the jury with both words and
tears. He said:
Sweep from Virginia the chaste homes
OF the citizens. and what remains of the
state. The purity and the dignity os our
homes is the sweetest thing in life to Vir-
ginia. 1t is the gift Of God. When any
one invadeS our homes they strike society
and the body polite the deadlest blow
You all know how love for your wife and
how the smile of a daughter can bring
out from your nature the best there is
in it.
Mr.. Lee closed at 40 o'clock and court
took recess to 3 o'clock. Wood Bouldin
will close for the state and the case will
go to the jury.
Threatening Letter to Court.
Judge Barksdale received a BLACK
Hand" letter threatening his life and the
lives of every one connected with the last
chapter of the tragedy If Judge Loving is
not executed. The letter reached Judge
Barksdale before he came into court, but 1t
did not cause him any alarm, and few
about the courtroom knew about II.
The writer of the letter is evidently an
ardent supporter OF the Estes cause de-
claring that Estes was perfectly innocent
of all the charges made against him by
Miss Loving. and that the young mans
good name should not be placed under such
stain. In concluding the vicious commu-
nication the writer declares that he and
his gang will blow up the whole town of
Houston.
Notwithstanding this eplstle, as soon as
the instructions had been framed by both
sides. Judge Barksdale went over them and
eliminated what he thought improper.
Those which remained were read to the
jury, so that they would have a foundation
upon which to work before listening to the
arguments. II required more than the
morning session to draft the instructions,
and the arguments did not begin until
late hour in the afternoon.
All of yesterdays session was taken up
with the instructions of Judge BarksdaIe
and the partially completed arguments of
counsel The case as il will go to the Jury
will compel them TO disregard the so-calIed
''unwritten law TO disrC gard the question
of truth in the story Mss Loving told to
her father and TO reduce the killing from
murder to manslaughter only in case they
find il was done in hot blood before there
was time for cooling and reflection The
only ground for acquittaI according TO the
instructions. is INSANITY.
Points in Instructions
OF the many instructions framed by the
two sides. Judge Barksdale read only thir-