The Montgomery advertiser., 1907-06-29
MAKES PLEA
 FOR VIRTUE Asks Protection for Vir- ginia's Women. STRODE'S ELOQUENT SPEECH Argument Begins in Judge Loving
 Case. Defense Scores Another Important Point When the Court Struck out states Instructions on Un-
 written Law

Houston Va, June 2S--Argument in the trial of former Judge Wm. G. Loving for the murder of Theodore Estes was begun late this afternoon. after day spent by counsel for both sides in the preparation of instructions and a wrangle over them before the court. The instructions as read by Judge Barksdale, discussed murder, It's various degrees. the question of reason able doubt, the time allowed for mans angry passions to subside. and especial ly insanity.
 The following instruction prepared by the prosecution touching on the "un- written law" was stricken out by the court:
 No man under {Ae protection of law has right to be the aveneer of his own wrongs; if they be of a nature for which the laws of society gave him an adequate remedy. thither should he resort; but be they of any nature what soever. he has no right to avenge them except in the manner prescribed by law. The unwritten law by which is meant the right of the citizen 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 Virginia. "
 Attorney Daniel Harmon. of Char lottesville, for the prosecution, and at torney Aubrey E. Strode, of the de- fense. spoke for an hour an a half each this afternoon and the court adjourned at o'clock until tomorrow morning. Messrg Moore. Barksdale and Lee will then speak for the defense and com monwealths attorney Wood Bouldin, of Halifax county, will close for the prosecution. Mir. Harmon in his ad- dress sought to show that Judge Loving killed Estes with collaboration and upon reflection" and that the defen- dant was a sane man and responsible at the time of the killing, thus making the offense murder in lae first degree
 A Peculiar Character.
 The defendant, he said, 'Is a char acter that seldom comes before your. courts ana the case Ia tall Of dramatic details. This young man is dead in the prime of life. called to his tragic end without a word of warning, without preparation. You are here to find out who put him to death. At his death he was engaged in his usual occupa- tion. He knew the defendant and was acquainted with his high temper, but when the negro who was In the car re- marked Here comes Judge Loving. he was as unconscious of danger as the old colored man who made that re- mark. There is no evidence in this case to show that Estes mad been guilty of any wrong doing and you have no right to base your verdict on any as- sumption that he was guilty. The commonwealth will not be given the right to vindicate him and every man stands in the eyes of the law innocent, until he has been proved guilty.
 ''The first information regarding the condition of affairs iC alleged to have come to Judge Loving between g and o'clock in the morning and the crime was 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 went in search of young Estes, going to several places before locating him According to the statement of the de- fendant, told to the magistrate and on the witness stand here. he said: Il deliberately sought his life and killed him."
 Talk about will power; here is a reformed drunkard who went for twelve years without getting on but two sprees. a man who served as a judge in his county with honor and distinction and who Is at the head of large estate. If there Is a verdict of acqulttal, I will ask the court to re- quest you to specify if It is based on insanity"
 Attorney Strode, who followed. based his plea almost exclusively on the un- written law He spoke in part as fol- lows:
 The "Unwrltten Law"
 We are here to present to you the case for the defendant where we all ways believed 1t should be presented in a court of justice. We believe that the people of Halifax and Nelson coun- ties cherish the same traditions and the same sentiments. The heritage of Virginains is common to us all The best of the fairest and best trial of a man Is before a jury endowed with similar and like passions, The com dition of his mind cannot be decided so we'll as by tribunal of his own countrymen. The first principle of law Is to put yourself in the place of that man who Is before you for trial.
 The commonwealth demands the life of the defendant and for what? I 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 a man attempts to assault one of our daughters he has forfeited his life You. gentlemen of the jury. have nothing to do with the truth or fal- sity of what Miss Loving told her fath- CT. His daughter was his pride. He admired her beauty and her purity. When he heard that his daughter, to whom he was bound by ties of affec- tion. was brought home drugged and unconscious by a young man to whose courtesy and chlvalry she had been en- trusted. he Iabored against his passion and remained away from the sight of young Estes until he heard the story of her ruin from her own lips"
 Mir. Strode discussed Judge Loving's struggle against the whiskey habit, the buggy ride and the testimony of the insanity experts.
 He appealed to each juror not to let "old Halifax go back on that estab- lished precedent that one of our most cheerful and best duties is the protec- tion of the honor and the virtue of our women"