The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1907-07-11
HENDERSON, II,
Murderous Law.
Richmond News Leader.

Richmond News Leader
Suppose some man in Virginia with
a murderous heart had a grudge
against Judge Barksdale, who pre-
sided at the Loving trial? AS we un-
derstand the law at present in Vir-
glnla the man could walk into the
court room at Houston, empty two
loads OF buckshOt into Judge Barks-
dale's body and when arrested could
have one OF his women relatives to
swear that she told him that she had
fbeen grossly insulted or wronged by
, the Judge. 1t would make no differ
ence that Judge Barksdale's whole
Life and character contradieted the
possibility of his committing such
an Offense. His friends might have
evidence at hand to show that he was
a thousand miles away when the al
legged wrong was done. They would
not be allowed to offer the evidence.
The case would go to the jury as that
OF an I'M jured relative protecting the
honor and ayenging the wrongs of
woman of his family. There would
be no possibility OF vindication for
the dead man. He would lie in his
grave with the records standing
against his name convicting him of
an act which his own character and
the conditions alike made impossible
We have no word of censure for
Judge Barksdale. Criticism of a man
CT his position, standing and attain
ments by a laymau would be unbe
coming in almost any case. We have
no doubt that he acted conscienti
ously and with clear understanding
and that what he declared to be the
law is the law We do not know that
the jury is to be blamed. 1t must be
recollected that jury must act on
the evidence presented in court and
so far as this jury knew, he was a
father whose daughter had been in
duced to drink, drugged to insensi-
bility and mistreated. OF course
under the law as written even these
circumstances did not justify the de-
liberate killing of the man supposed
to have been guilty. In Virginia,
however, we always have regarded
what is known as the "unwritten
law" applying to such cases. Even
with that we should think the Jury
would have hesitated long before ac-
quitting man who kills another with
deadly deliberation but does not take
the time or pains to be sure Of his
facts.
The practical, concrete fact of the
present is that with the law as it
stands life is unsafe, the law against
murder is almost nullified and the
State is in the ignominious position
of being unable to protect her own
citizens. The practical thing to do
is to correct the law at the earliest
possible moment. The newspapers
and the leaders of thought and ac-
tion in the State should direct public
attention to the subject and arouse
sentiment so that the very day the
legislature meets measures will be
introduced which will make re-
currence of conditions like those Of
the Loving case impossible. This
will not only provide safeguards for
| the future but will express,in the one
way possible, the feeling and opinion
of the people on the result Of this
| trial
Some time ago we urged that the
"unwritten law" should be written
on the statutes with the conditions
which shall justify an appeal to it
clearly set forth. Many conservative
and thoughtful people in the State
regarded this as radical >and dan
gerous proposition. However that
may be certainly we should have
some provision which will make the
taking of a human life in any circum-
stances rather more of a serious mat
ter than the shooting OF a vagrant
dog. Our statutes should require
that Il man who undertakes the re-
sponsibility of taking human life
shall, at least, be abundantly sure OF
his provocation AMI know beyond
doubt that wrong has been done him
or his family and that reparation is
refused or impossible.
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25c Sold at Parker Two Drug stores.
The Cotton and Cotton Oil News
predicts that if we make II, 100000
bales this season cotton will bring
16 to 20 cents. If $4,000, 900, II to
/ TX cents and $4,000. 900 II to Il