The daily banner. (Cambridge, Md.) 1897-2008, 1907-06-29
SOON KNOW HIS FATE
Trial Of Judge Loving For Stay
ing Estes Near End.
ARGUMENTS OF COUNSEL

Prosecution Asks For Conviction OF
Murder In First Degree, While De-
Tense Bases Plea For AcquittaI On
Unwritten Law.
Houston, Va, June 29.-The argyll
ment of the attorneys in the trial OF
former Judge Villain G. Loving Tor
the murder of Theodore Estes was be-
gun, after a day spent by the attor-
neys for both sides in the preparation
of instructions, and a legal wrangie
over them before the court. The in
structions as read by Judge Barksdale
discussed murder, it's various degrees,
the question of reasonable doubt, etc.
Attorney Daniel Harmon, OF Char-
lottesville, for the prosecution, and
Attorney Aubrey E. Strobe, for the
defence, spoke for an hour and half,
each.
Mr.. Harmon, in his address, sought
to show that Judge Loving killed
Estes after "deliberation, premedita-
ton and upon reflection" and that the
defendant was q sane and responsible
man at the time of the killing, thus
making the offense murder in the first
degree.
1.-THE defendant" he said, sis char
acter that seldom comes before your
courts, and the case is full of dramatic
details. This young man is dead In
the prime of life and called to his ira
without preparation. There is no
evidence In this case to show that
young Estes had been guilty of any
wrongdoing, and you have no right to
base your verdict on any assumption
that he was guilty. The common
wealth will not be given the right to
vindicate him, and every man stands
in the eyes of the law innocent until
he has been proven guilty. You must
look at the case throughout from that
viewpoint.
"Any one may come to me and make
a statement about you that so enraged
me that blood begins to boil, and go
seek you and kill you, regardless OF
whether the charges may be true or
false. Then can 1 be acquitted if 1
have the financial ability to employ an
expert on insanity"
Attorney Strobe, who followed,
based his plea almost exclusively on
the unwritten law He said in part:
"The commonwealth demands the
life of the defendant, and for what?
do not undervalue life; but there is
something sweeter to all Virginians-
the honor and purity of our women.
We have written in our laws that If
man attempts to assault one OF our
daughters he has forfeited his life.
You, gentlemen of the jury, have moth
ing to do with the truth or falsity OF
the story that Miss Loving told her
father. His daughter was his pride.
He admired her beauty and her purity.
When he heard that this daughter, to
whom he was bound by affectionate
ties, was brought home drugged and
unconscious by young man to whose
courtesy and chivalry she had been
entrusted, he labored against his pas
sions and remained away from the
sight of young Estes until he heard
the story of her ruin from her own
lips"
He appealed to each juror to place
himself in the same position as Judge
Loving and not to let old Halifax
county 90 back on that established
precedent that one of our most cheer
full and best duties is the protection OF
the honor and the virtue of our
women.
During Mr.. Strode's address, Judge
Loving lifted his handkerchief to his
eyes, but displayed little emotion. His
wife wept, and with bowed head COW
cred her eyes with her handkerchief.