New-York tribune., 1907-06-29
PLEA. UNWRITTEN LAW
LOVING CASE ARGUMENTS
Defendants Life asked ''for Honor
of VirOini0.'

Houston, Va. June 2S-The argument of the at
torneys In the trial of former Judge William G.
Loving for the murder OF Theodore Estes be-
gun late this afternoon. after a day spent by the
attorneys Of both sides in the preparation OF in
structions. and legal wrangle over them before
the court. The instructions as read by Judge
Barksdale discussed murder. its various degrees.
the question of reasonable doubt. the time allowed
for mans angry passions TO subslde. and espe-
cialy insanity.
The following instructions prepared by the pro
, secutIOn. touching the ''unwrttten law" was
stricken by the court: mo man under the
protection of the law has right to be the avenger
OF his own wrongs; II they be of a nature 1or
which the laws OF society give him an adequate
remedy. thither should he resort: but be they OF
any nature whatsoever. he has no right TO avenge
them except in the manner prescribed by the law
The unwritten law by which is meant the right
OF the citizen TO become the avenger or his own
wrongs in a manner not authorized by law or
against the law. has place in the criminal
Jurisprudence of Virginia"
Daniel Harmon of Charlottesville. for the prose-
CutiOn. and Aubrey Z. Strobe, for the defence,
spoke for an hour and half each this afternoon.
and the court adjourned at o'clock until to,mor-
row morning Messrs. Moore, Barksdale and Lee
will then speak for the defence and Wood Bouldin.
of Halifax county the commemorative attorney,
Will close for the prosecution.
Mr. Harmon, in his address, sought TO show that
Judge Loving killed Estes after 'dehberaton' pre-
nlediatation and upon reflection" and that the de-
fendant was a and responsible man at the
time of the killing. thus making the offence murder
IN tho first degree.
The defendant" he said. lis character thttt
seldom comes before your courts The case Is fun
OF dramatic details This young man is dead IN
the prime life and called TO his tragic end with
out one word OF warning-without preparation He
seens on the green hiIlsdes OF Nelson County. and
YOU are here to find out who put him to death AT
his death he was engaged in his usual occupation
He knew the defendant and was acquainted with
his high temper, but that very day went Within
a mile of his home. and when the negro who was
in the car remarked Here comes Judge Loving
he unconscious OF danger as the Ola coloreu
man who made that remark. There is no evidence
in this to show that young Estes had been
guilty of any wrongdoing. and you have no rsht
To base your verdict any assumption that he
was guilty. The commonwealth Will not be given
tho right to vindcate him, and every man stands
In the ewes OF the law innocent until he has been
proven guilty. You must look at the case through
out from that point
about you that enrages me that my blood begins
boil and go TO seek and kill you, regardless
| of whether the charges may be true or false.
| Then can I be acquitted If I have the financial
ability 20 employ expert insanity?
THE first information regarding the horrible con-
dition of affairs is alleged 10 have come TO Judge
Loving between and o'clock in the morning. and
| the crime committed between and o'clock
| that afternoon. Did he not have time to reflect
| and deliberate? Judge Loving got in his buggy
| with his gun and his ammunition and then went
/ in search OF young Estes going TO several places
| before locating him. Does that not sound like the
action OF a deliberate and sane man? According
| to the statement OF the defendant. told to the
magistrate and on the witness stand here. he said:
/ L deliberately sought his life and killed him
| Talk about will power. Here Is a reformed
| ting on but two sprees. man who served as a
| Judge of his county with honor and distinction.
and who is at the head OF large estate. II there
| is Il verdict of acquittal, 1 Will ask the To
request you 10 specify II It is based insanity.
| Why is this claim OF insanity presented? My
friends the other side must recognize the force
and strength OF evidence that is against the de-
i fendant."
| Mr. STROBE. who followed based his plea almost
| exclusively the unwritten law He said In part.
| I'VE have come to you to present the FOR
| the defendant where we always believed 1t should
| be presented. in a court of justice. We believe
| that the people of Halifax and Nelson counties
| cherish the same traditions and the same sent-
| ments. The heritage OF Virginians is common 10
us ALL The test OF the fairest and best trial OF a
| man is before a jury. endowed with similar and
/ like passions. The condition OF his mind cannot
| be decided we'll by tribunal of his own
| countrymen The first principle Of law is to put
| yourself I'm the place of that man who is before
you for trial. That feeling of kindly chvalry and
courtesy of the citizens OF this south side OF Vir-
| ginia has made II pleasure to have this case
/ tried in your midst.
| Tho commonwealth demands the life OF the de-