Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-06-29
LOVING TRIAL.

| Houston. Va, June 2S.-The argu-
ment of the attorneys in the trial OF
/ Former Judge William G.. Loving for
| the murder Of Theodore Estes, was be-
gun late this afternoon after a day
passed by the attorneys of both sides
| in the preparation of instructions and
| Z legal Wrangle over them before the
| court. The instructions as made by
Judge Barkdale discussed murder its
| various degrees. the question of rea-
| sonahlc doubt and the time allowed for
q mans angry passions to subside The
| following instructions prepared by the
prosecution touching on the "unwritten
Law We're stricken out by the court:
NO man under the protection of the
law has 4 right to be the avenger of
his own wrongs: if they be Of a ma
| turn for which the laws of society
give him an adequate remedy thith-
CT should he resort: but be they of a
nature whatsoever. he has no right to
avcnSe them except in the manner pre-
sc~ibcd by the law. The unwritten law.
by which is meant the right of the cit
iZCn IT, become the avenger of his own
wrongs in manner not authorized by
law. or against the law. has no place
in the criminal jurisprudence Of Vir-
Ginia.'
Attorney Daniel Harmon, of Char
lottoSville, for the prosecution, and At
torncy Aubrey +. Strobe for the de-
fence. spoke for an hour and a half
each this afternoon and court adjourn
cd ut o'clock until tomorrow morning.
Mcs:;rs Moore. Barkdale and Lee will
then speak for the defence and com
monwc%lth's attorney Wood Bouldin of
Halifax county will close for the prose-
cutinn.
Mr.. Harmon in his address sought to
show that Judge Loving killed Estes
after "drlihcratinn, generalization and
H. .or reelection and that the defendant
was a Sane and responsible man at the
tim" Of the killing. thus making the
offence murder in the first degree.
The defendant" lie said, "is q char
aCtCr that seldom comes before our
courts. Tho case is fun of dramatic de-
tails. This young man is dead in the
prime Of life and called to his tragic
end without ona word OF warming
without preparation 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
NIS acquainted with his high temper.
nut on that very day. went within q
mile of his home. and when the negro.
vino was in the car remarked here
comes Judge Loving he was as uncon-
SCinuS of thr danger as the old colored
man who made that remark. There Is
no evidence in this case to show that
Young Estes had been guilty of any
Wrnn" doing ana you have no right to
base your verdict on any assumption
that "" was guilty. The commonwealth
viii not be given the right to vindicate
him. and every man stands in the eyes
uf the law innocent until he has been
proven guilty. You must look at the
case throughout from that point.
anyone may come here and make a.
statement about You that so enrages
Inc that blood begins to boil and / go
Sock You ana kill you, regardless Of
false. Then can ," acquitted il have
thr financial ability to employ an ex-
pCrt on insanity.
"Thc first information regarding the
horrible condition Of affairs is alleged
- have come to Judge Loving be-
tween S and . o'clock in the morning
and the crime was committed between
3 and o'clock that afternoon. Did he
not have time 10 reflect and deliberate?
Continued on Page Two.y