davidaulloa/AmericanStories huggingface dataset:
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29
Especial to The Times-Dispatch.)

HOUSTON. VA, June 2S:-Judge
Barksdale received this morning let
ter from New York from the BLACK
Hands, saying that 700 members of
that organization had determined to
kill him and wreck the town of Hous-
ton unless Judge Loving was hanged.
1t also suggested that Miss Loving
should be hanged. The letter was
signed with two black hands, and had
a postscript, saying that a member Of
the gang was in Houston, and asked
Judge Barksdalc to try and ",picl1
him out" The letter is evidently the
work OF a crank, who has been
wrought up by certain Imaginary pic
lures Iof the Loving Estes tragedy
printed in q New York paper.
The language of the letter is pic
turesquo in the extreme, with a dam
thrown in at a critical situation. Tine
whole lot are "theaves," says the letter
with fair sample of the spelling like
wise shown Evidently the authors OF
the Illuminating epistle are a6yocates
of the "simpliHed spelling" system.
Judge Loving laughed heartily in
reading the letter.
Discuss Courts Ruling.
In discussing an editorial which ap.
pearnd in an afternoon Richmond pa.
per, Messrs Lee and Moore, who were
of counsel in the strother case. stated
this morning that the ruling of Judge
l3arksdale excluding testimony as t
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29

he was rendered Insane, and while in such
condition slew the deceased, the Jury must
find him not guilty
IS. The court instructs tho Jury that
they must not concern themselves as to
whether the communications made to the
defendant by his brother-in law and dangh-
ter and which are claimed to have inllu-
onced his action. were true or false. The
truth or falsity OF such communication Is
munication the Jury must only ascertain
from the evidence whether they were made
to the defendant rs testified; whether he
believed them and whether and to what
oxtant they influenced his subsequent &C
ton; and In making this inquiry the jury
is TO give to the defendant the boneht OF
every reasonable doubt.
20. Tho court further instrncts the jury
that they must not allow any prejudice
against the defense Of insanity to influence
them in considering whether the homicide
was committee in and rs result OF that
condition. The law Of Virginia guarantees
to tho defendant IN absolute and valuable
right to make and to have that defense
considered along with any other defense he
may think proper to make. and II that de-
fense is made out as required by law; me
defendant IL entitled to Il verdict OF nc
quittal.
| 30. The court instructs the jury that the
accused being charged with crime is en-
pies Of law and the rules OF practice as
laid down by tho court. designed to saie-
guard life and liberty. and therefore the
Jury must not regard in the slightest de-
gree preJudioiaI to tho defendant tho fac.
| that his counsel may have entered an OBJ
lection to the admission of certain evidence.
and asked for tho consideration of certain
matters out OF the presence of the jury;
Such n fact Is of no Importance. and must
have no place or thought In the considern-
| ton of this case: nor Is any importance ia
| be attached to any question asked By coun-
sol which the court did not permit 10 be
answered.
al In criminal cnses the Jury is not to
regard the evidence us equally balance
merely because number of witnesses a ,"s-
| tify directly opposite to each other Ihs
| Jury should determine tho weight and
crodibility of evidence from tho appearance
| OF tho witnesses on the stand. their mum
ner of testtfying. their apparent candor'
! fairness, inlpartialty, and all the surround.
INK circumstances appearing on tho trial.
81 One accused Of crime 10 entitled .5, ! t {
| arises in the minds OF the jury upon o
candid and impartial Investigation Of the
levidence; but not to doubts raised by tht
Ingenuity of counsel Independently OF tht
/ evidence.
49, The court further instructs tho jury
that in Virginia the term insane person
| Includes every ono who Is an idiot, lunatic
non compis or derangeG.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29
HARMON OPENS
FOR PROSECUTION
Strobe Follows and Asks Ac-
quittal on Grounds Both Of In
sanity and Justification.

HOUSTON, VA, June est was ex-
aotly 1880 o'clock when Judge Barks-f
dale opened the afternoon session and
made an address to the jury concern
ing the instructions, which he then
proceeded to read. There are thirty
three instructions alone, evenly chosen
from those offered by both sides, ana
with but few alterations.
The courtroom was crowded, even
the aisles being packed and the win
dows filled with people eager to hear
the argument. With Judge Loving,
the accused, sat his wife. her sister.
Mrs. Chalkley. of Richmond; his son
and his brother, the Mayo. of Pulaski.
Miss lIiizabcth Loving was not in
court. On the side Of The prosecution
sat Sheriff Estes, father Of the young
man killed by Judge Loving, and Nj.
John Swanson, who married q sistef
of the Estes. Judge Barksdale con-
cluded reading the instructions at $3.50
o'clock.
It was agreed that speech on each
side should be made Tonight even II
an extra session might be held Mr..
Bould:n asked that as the defense had
four lawyers who would speak, the
Commonwealth be allowed three
speeches.. Mr.. Leo said the defense was
| willing if no lawyer make more than
| one speech Mr.. Bouldln said there
were only two lawyers in the prosecu-
| tion
What about Mr.. Whitehead" ask
| ed Mr.. Lee.
TIC is not In the case" replied Mr.
Bouldin.
Judge Barksdnle announced that nc
1lawyer could make, but one speech, anC
1 at o'clock, Mr.. Daniel Harmon open.
| ed the argument before the jury fol
| the Commonwealth.
He asserted that no would not in
| dulge in rituperaton, that the pris
oner had now more on his mind thar
/ he could bear. Tho prisoner, he said
was innocent until he was provet
/ guilty, and that the proof of his gull
4 must be beyond n reasonable doubt.
IIstes's Guilt or Innocence.
Mr. Harmon sketched the charactc
of Judge Loving, asserting That nc wa
man Of violent temper and bad dis
position. Knowing this. he SAID Theo
odore Estes did not attempt to fle
tho county after his drive with Mis-
Loving did not arm himself and dt
not try to escape from the car whei
Judge Loving approached with a CUR
II "Under the evidence In this case a
his Honor has instructed, there Is II
!. evidence In this case to show tina
Theodore Estes was guilty or innocen
and you cannot base your verdict !
II this case on the assumption that thi
boy hnd been guilty of any. offense,
said Mr. Harmon, who over and Owe
again impressed upon the jury tina
nothing had been shown to besmicc
tho character Of the dead boy"
He Is Innocent" the speaker ea
{ claimed, "nntil he Is proved guilty, an
4 he has not been proved guilty.
n Mr.. Harmon had o slap at the mex
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29

zeal experts. calling them expert cx-
perts," making fun of their testimony,
and saying that according to the ex-
pcrts, every member or the jury was
insane.
The speaker explained the difference
between murder In It's two degrees
and manslaughter. and insisted that
no verdict In this case could be less
than manslaughtcr, because no insist
ed the prisoner had had time to Cool
and had not acted in tho sudden heat
of passion. and that. therefore. the act
was murder.
He argued that the prisoner had
been cool In planning the killing. in
choosing six buckshot shells, so that he
could XIII the father of Estes as well.
Mr.. Harmon sketched the prisoner s
| journey in search of Estes, and de-
Iicarea that all tho time he was think
Ing and celebrating.
| Went to XIII Deliberately.
| "He did not jump oft Of his buggy
at the, depot and Kill Estes in a sudden
passion. but he went to the livery sta
BILE, placed his horse in the keeping
OF a negro and then went quietly to
do the deed Mr.. Harmon read from
Judge Loving's testimony and urged
| that the deed was premeditated, quot
! Ing the language of the prisoner: u
went to neck him and take his life
! With dramatic gesture. and earnest
voice the speaker exclaimed: 81 would
| not be in tho position of Judge Low
| ing for all tho wealth of this great
| commonwealth. for what escape is
| there for this unhappy MANI" Touch
| ing on the plea of insanity, Mr.. ldar-
i mon made light of 1t. and said that
/ experts could be secured to testify to
| anything Legitimate II q man only
! had money enough. Tho speaker said
that If q verdict of acquittal was
| brought In he would ask the Judge tc
! have the jury say whether or not the
acquittal was on the ground OF In
sanity.
He said that Judge Loving had said
to Squire Perkins that he was not
insane and that he did not claim to be
! and that he gave other reasons for
the deed. He said he did rot ask any
verdict, but that he had endeavored
to show the evidence in the case and
that tho responsibility had been shift
ed from his shoulders to tho shoulders
of the Jury. Mr.. Harmon resumed his
seal. after having spoken for an hou,
! and thirty-fve minutes.
/ MIR. strobe Steaks.
Mr. Aubrey f. Strobe for the defense
followed Mr.. Harmon. after .,hor
recess.
Mr.. Strobe began speaking at 5:4;
o'clock paying the usual compliment
to the jury for the attention they hat
given to the case. expressing tltt
qualification of his client that the cas-,
Is being tried by the people of Hall
fax. and paying high and deserved
" tribute to Mr.. Wood Bouldin. whom, h,
said, had discharged an unpleasant
duty zealously.
Then turning directly to the case h,
pictured the alleged crime, which
caused the death OF Estes and dc
scribed it as being more heinous tina,
murder. Murder, he said, wa
punishable with death. but attempted
murder meant only a prison. Assault
!. on woman. lie asserted. meant death
and an attempt at outrage was a
great crime under the law Us is tn
outrage. His words were eloquen
when he alluded to Theodore Estes, an,
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29
INSTRUCTIONS
GIVEN BY COURT
Morning Hours Spent in Discus
sion Of Papers Submitted by
y Both Sides.

HOUSTON, VA, June 2S.-Despite q
pouring rain, one of the largest crowds
of the trial filed the courtroom when
the case proceeded this morning at 10
o'clock. Judge Loving, the prisoner,
was accompanied into court by his
brother. and Mr.. John Swanson sat be-
Hide the lawyers for the prosecu-
ton.
After a delay of an hour, occasioned
by the preparation of Instructions,
Judge Barksdnle dismissed the Jury
until O'Clock. saying that 1t would
take until that time to argue the in
structions. During the interval before
argument began Judge Loving read the
Instructions prepared by his counsel
and discussed them.
Argument on the instructions began
at l2:40 O'Clock. The defense objected
to all instructions offered by the prose-
structions Nos. 3, 6, Z, s. 13. IA, Is, 1G.
II, IS.
The Commonwealth objected to the
following tlnstruelions offered by the
defense, mos: I. S. 6. Z, 8, 10. u, 10, IA
and Is.
In discussing the last objection Mr.
Bouldin said that he could not agree
with that lrishman up in New YORK
in the Thaw case. I am told that Mr.
1erolle drank bottle OF Whiskey every
day during the trial"
Mr. Moore interrupted to say: Per,
haps the prosecuting attorney in thi.
case would thing the same way under
the Same circumstances"
Mr.. Bouldin laughingly replied, /"
might ii some one would offer me TIL,
whiskey.
The Commonwealth offered eightee,
and the defense offered seventeen in
structions.
COURTS Instructions.
Judge Barksdale then took the in
structions offered by both sides undo
Amusement, and adjourned court unit
o'clock, when he announced the fol
lowing:
The court nsuuc's tho jury as follows. tc
wit:
!. Murder is the unlawful lAllng Of an
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29

said that lie had only sympathy for
his family, but he said It was not u
question for the Jury-the character Of
Estes or Miss Lovlng---b,it tho point at
issue Is what provocatiou Judge Low
Ing had to kill young Estes and what
was the nature OF the story told thd
ACCUSED by his daughter.
Mr. Strobe pictured the pitiful story
told the father by his young daughter,
and asked them what tloy would
have done had such n story been MARI
rated to them by the one they loved.
He assorted that they would have
acted as the accused had acted, and no
suid that, hnd Judge Loving acted only
on the story related to him by Snend, oG
ibis daughter being drunk and insensi-a
he acted hastily. He scorned the idea.
ehat the story told by Judge Loving.
Miss Loving and Harry snead was not
true.
What other reason was there for
Judge Loving to kill llstes?" asked
Mr. STROBE. WHY, If there were other
reasons, have not tho counsel for tho
prosecution brought them out in evi-
Igence by arguing this matter"
story OF Loving's Life.
| MI. STROBE, i'll touching words, then
proceeded i,.,,s. 70 tell fully the story Of
ol promise, OF HIS fall through drink,
ana his struggle back to position. OF
! his daughter, tho dearest creature In
the word TO him, or her story OF ruin,
and OF the fearful results that fol-
lowed.
It was a gem Of word painting, CAR
lrying conviction for its earnestness and
pothos On the question OF insanlty,
Mr.. Strobe said that tho defense had
gotten one Of the most distinguished
experts In the country, and that fur
ther, they had gotten n Halifax. county
physician, one who enjoyed the confi-l
Edence OF his neighbors. who said the
slprlsoner was insane, ANA that the cx-
pert put upon the stand by the prose-
cutlon had told the jury that the
lproyocation put upon Judge Loving
was the most intense strain that could
Ibo placed on the brain OF any man.
Mr.. STROBE closed with these words!
The duty OF our people is to pro-
1tect the honor and the virtue Of our
women, and appeal to you men not to
break the record OF hundred cases
lin this country uf ours, In not one OF
(which has n man been convicted for
protecting the sunctity of his home--I'
4 care not whether he be insane. as we
have proved this man to be, or if he
Ibe sane, rs the expert for the prosecu-
ton has declareh.'
4 Mr.. Strode finished speaking at z
O'Clock, and at the conclusion OF his
address Judge, Barksdalc adjourned
court until tomorrow at $3.50 O'Clock,
when ex-senator Barksdalc, Of this
.lcounty, will speak for the defense.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29

three gentlemen for the prosecution
viii mako a speech. We have no % :
I Sect,on. Mr.. Bouldin quickly replied
( TINT the Commonwealth was only rep
resented by two counsel.
h WHITEHEAD NOT IN
"Mr j. Whitehead Is surely in the
case" asserted Mr.. Lee, FOR ne mas
madc suggestions and has offered q
notion
Mr.. Bouldin. speaking slowly and
distinctly, replied: "Mr. Whitehead mas
no connection with this case,
Judge Barksdalo thcreupon rnled
that the Commonwealth couiu ohig
be allowed two speeches.
E The matter caused considerable con-
motion. as Mr.. whitehead has been
sitting beside Mr.. Harmon ever since
tho trial began, and has been active
IN making notes and in Offering suS-
Eestions 1t has boon noticeable, now
ever, that he has not beau consulted
by Mr.. Bouldin In his address TO the
jury Mr.. Harmon was not aggressive,
confining himself to the law OF the
case, and indulging in no thrusts at
tho accused. He made strong plea
for punishment. and insisted that Judge
Loving had acted coolly and with
great deliberation, planning the killing
of Estes In cold blood aud carrying
out his plan calmly.
He ridiculed the idea OF the prisoner
being insane and spoke in scornEul
terms of insanity ana experts who, lie
said, could be bought by those who
could afford luXurics.
STROBE APPEALS on
UNWRlrTI1N LAW BASIS
Mr.. Strobe followed Mr. Harmon, and
40 "a nj non 1
which apparently greatly Impressed
the jury. After arguing the case from
legal standpoint he told In simple
but eloquent language the pathetic
story of Judge Lovings life from the
time he came to the bar brilliant
young man until twenty-five years
later he shot down the man whom his
daughter declared had attempted to
assault her.
The story was we'll told, with pic
turesque touches here and there of the
fall into the mirc of dissipation; of
the baStle against drink; of his re-
gained position; of his devotion to his
only daughter. and then when calm
ness had followed the storm of his life,
of the fearful blow which had fallen
upon him and of his determination TO
wipe out the dishonor which had been
cast upon his name.
Mr. Strode's argument loaned to-
wards the 'unwrtten law. and he
closed with an appeal to the Jury tc
ncquit the man who had been quick
to resent the dishonor of his daughter
and who had not feared to uphold tho
sanctity Of his home.
Tomorrow morning. when courl
opens at $3.50, ex-senator Barksdale
will speak for the Defense followed
by Hon. Walton Moore and Mr.. Johr
L. Lee.
1t is thought that the speeches O
these gentlemen will not consume
more than three and one-half hours
and Mr.. Wood Bouldin. who will clos,
for the State, will conclude his address
4 by 4 o'clock, when the case will go t
the jury.
1t seems probable. therefore, tina
verdict will be reached by 6 o'clock
or certainly before midnight
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29
BOATING MEN ARE
SORE on HARR|MAN
Resent His Interference on River,
Which Might Have Been
Serious.

NEW LONDON. CONN. June 2S.--The
larrest of i. II. Hartman Tor interfer-
Ing with tho varsity race last evening
wa the talk OF tho river to-day. MIR.
Hartman was not spoken kindly of by,
the boating men, who year after, year
have iabored ceaselessly TO make 10
possible for crews that have trained
for six months TO row Il twenty minute
race without having the lives OF Tho.
loarsmen endangered and the sport OF
| the. race spoiled by fast boats.
When Lieutenant Billiard returned
| at tho Gresham last evening he turned
| Mr.. Hartman over to CAPTAIN }. L..
ISill, OF the revenue cutter Dexter, Who
Iwds the senior officer in charge OF Tho
\ course. Captain Sill ordered Mr.. Har-5
rman's powerboat tied up at the navy
yard. and then allowed Mr.. Hartman
Ito go down the harbor and hoard his
yacht the Sultana, which was lying
off the Peauot House. Mr.. Hartman.
Immediately left
| Mr.. Hartman. had with him last
eyening when he was arrested his son,
lwho is a student at the Groton School,,
where. 1t Is understood, he is prepar.
ling for Harvard. Young Hartman had
with him a school friend MIR. Harri-
man also had with him on his power
boat two ladies'. whose names We're not
Learned.
Neither the sultana or the power-
lboat was In the harbor this morning,
both having left during the night.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29
.uNyvRIrTEN LAw.,
Judge BnrksdnIc Strikes Out Prosecna
tion's Instruction ncurlnE on It.

HOUSTON. VA, Juno 2S.--The fol-
lowing Instructions, prepared by tho
prosecution, touching on the "unwrit-
ten law" was stricken out BY the
court:
mo man under the protection OF tho
Law has a right TO be the avcnser OF
his own wrongs. If they be Of q ma
turc for which the laws of society give
him an adequate remedy. thithcr
should he resort; but. be they OF any
nature whatsoever. he has no right to
prescribed by the law. The unwr!tten
law by which Is meant the right OF
The citizen to become the arenEar OF
Ibis own wrongs In q manner not an
Ithorized by law or against the law,
has no place in the criminal jurisprI
idence OF virginia.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29
lie. She and 1t.

Diplomatic Bachelor (who has forgotten
whether tho baby is a boy or girl)---WelI
we'll, but he's fine little fellow, isn't shet
How old is 1t now? Do hcr teeth bothei
him much? hope he gets through it's sec1
ord summer without getting slck. Slid
looks 3 like you. doesn't he? Every ono
says 1t does.--Puck.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29
THE WEATHER

Forecast observation-disclosures Satur-
day and Sunday; warmer Sunday; light
to fresh south winds
North Carolina--Showers Saturday;
Sunday fair and warmer; light, vuria-
BILE winds.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29
CONDITIONS YESTERDAY.

Highest temperature yesterday... II
Lowest temperature yesterday. &C
Mean temperature yesterday ........ II
Normal temperature yesterday. n
Departure from normal temperature T
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29
Just time to hustle into our
store for "a forgotten vacation
Quick service and anything a
man or boy can need to wear.

Our Trunks, Bags and Suit
Cases travel everywhere.
To Europe, to the seashore,
to the mountains, and cross
country trips.
They always come back in
good shape, too.
They're built right.
And they look refined.
They're low in price, because
our store is the first step from
the leading factories; and this
fact enables us to offer all the
novelties as soon as they are
made, too.
Trunks as low as $3.50.
Bags and Cases, ST up.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29

| Neither the Sultana or the powers
| boat was In the harbor this morning,
/ both having left during the night.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29
0Azzz29h1g1Ain
SSH !zzzzzzz;z ~

person with malice aforethought. and is dis
tinguished by the law of Virginia as murder
OF the first and murder of tho second de-
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29
MINIATuRE ALMANAC.

a. II. sf5 al a AN l3ag
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29

g Murder by poison. lying In wait. i'm
prisonment, starving or any wilful, dellb-
crate and premedltatcd killing, or In the
commission of. or attempt tc commit arson,
rape. robbery or burglary. Is murder or the
first dt gree. All other murder is murder of
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29

80 Tho court nstructs the Jury that any
| nntaeedent and subsequent conditions OF
condition Of tho mind q, tie tin,o Of Tho, he
| nct, are not conclusive therepf, The III
qury must always be- what was tho condi,
| tion OF tie mind at the time of the act.
which IS be determined fromsall the racIs
4 and eirelmstances Of the cnsn If at the
4 tins Of tlss -act u pNlson is insane " men
The daily sentinel., 1907-12-23
The Bible in the Schools.

An individual that afflicted prejudice and hatred
ought not undertake criticize because he
cannot give justice to the thing condition criticised
we have haed ourselves for many free
us for all classes statement not in ias,,
ton of charity 70 The honshts na eaneed upon the
short time ago in the city Jewish people
very vigorously objected to the Bible being schools
of that city At the the fact and took
TO her protest Our ground that
oy this government from its foundation constitution
the broadcast gauged document founded
ton has given recognition christ and has reco
nized the Bible divinely
Aside the the one great Root o ~
in its christian aspect humane laws business
stated human laws governing every nation
For these things alone could schools as
text book If for nothing else though that the story
and that no t, o ~ 'e Desnnng of this nation until
republic for sanitarium should be excluded
The Jewish people have been many countries to
ma an asylum in this country but amag
ne oesn 10 tear down the first
We fully recognize the great peo
pie in the affairs of the nation only today
versatility and aptitude i ]
makes @ nem powerful aids to all classes of industries
own selves when they present objections being in
when their race and they founa m
abled schools running on broader grounds of free
dom than elsewhere in the world
If satisfied then becoming powerful in wealth an sta
people Of the paton is m d
dangerous and We believe urquesion
ably future to them as n neon,e
Another instance
the OF Christ the
able and Intelligent Rabbi He has present
wiiuns 10 tne scnoo BOARD
self to the of the
the schools and songs giving mention of the Christ
shall be eliminated the schools
Whether uphold these contentious
maae oy men OF their
have talked with number
they contend that largely some men their
ors to the Bible and that people
little about the matter as the
faith so early instied and nnu-
nced by the reading of Bible teach things
which they -