Daily press. [volume] (Newport News, Va.) 1896-current, 1907-06-29
Counsel for The Prosecution and
Defense begin Their Argument
Before The Court.
UaWRlTTfN LAW B0Bs UP AGAIN
One of the Lawyers for the Defense
+ Tells Jury That the sacredness of
Home and Honor of Woman Must
= Be siderod-ciosins Argument
to Be Made Today.
(Dy AssocIated Press ]


HOUSTON, VA, June 2S.-Argu-
ment in the trial Of former Judge
William G. Loving for the murder OF
Theodore Estes was begun late this
afternoon after Il day spent by coun-
sci for both sides in the preparation
of instructions, and a wransle over
them before the court. The instruc-
lions as read by Judge Barksdalc
,Adiseussed murder, its various degrees.
the question of reasonable doubt, the
time allowed for mans angry pas
sions to subside and especially in
sanity.
The following Instructions prepared
by the prosecution touching on the
"unwritten law was stricken out ~
the court: mo man under the pro-
lection of the law has right to be
the avenger OF his own wrongs; ii
they be of n nature Tor which the
laws of society give him an ade-
quate remedy thither should he re-
sort; but be they Of any nature what
ever he has no right to avenge them
except in the manner prescribed by
the law The nnwritten law by
which is meant the right of the citi-
zen to 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
lottesvlle, for the prosecution, and
Attorney Aubrey f. Strode for the
defense. spoke for an hour and half
each this afternoon and the court adj
journed at Z o'clock until tomorrow
Messrs. Moore Barksdale and Lee
will then speak for the defense and
Commonwealth Attorney Wood
Bonldin, of Halifax county, will close
for the prosecution. Mr.. Harmon in
his address sought to show that
Judge Loving killed Estes after n
deliberate. generalization and upon
reflection and that the defendant
was n sane and responsible man at
lShc time of the killing. thus making
the offense murder in the first de-
gree.
Estes Was Unsuspecting of Danger.
THE defendant lie said, lis q
character that seldom comes before
your courts and the case is full of
dramatic details. This young man is
dead in the prime of life, called to
his tragic end without word of
warning. without preparation. You
afsa.hd&e 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 when the
negro who was in the car remarked.
here comes Judge Loving he was
as unconscious Of the danger as the
old colored man who made that re-
mark There is no evidence in this
case to show that young Estes had
been guilty of any wrong daing and
you have no right to Lnse your YER
dict on any assumption that he was
guilty. The commonwealth will not
he given the right to vindicate him
and every man stands in the eyes of
the law innocent until he has been
proven guilty.
Loving Had Time to Consider.
"The first information regarding
the condition of affairs is alleged to
have come to Judge Loving between
8 and 8 o'clock in the morning and
the crime was committed between 3
and 4 O'Clock that afternoon. Did he
not have time to reflect and deliber-
ate. Judge Loving got in his buggy.
his gun and His AMMUNITION. and
went in search Of young Estes, going
tn several places before locating
him. According to the statement of
the defendant, told to the magistrate
and on the witness stand here he
said, I deliberately sought his life
and killed him.
Talk about will power, here Is a
reformed drunkaTd who went for 12
years without getting on but two
sprees, a man who served as Judge
of his county with honor and distinc-
ton and who is at the head of large
tate. If there is verdict of ac,
Quittal / will ask the court to request
You to specify il it Is based on in
sanity. Why is this claim OF insan-
ity presented?
my friends on the other side must
recognize the force and strength of
evidence that is against the defend
ant"
The Unwritten Law Bops Up.
Attorney Strobe, who followed, bas-
ed his plea almost exclusively on
the unwritten law. He said in parts
Eve have come to you to present tn.