The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-07-02
NOT A CRIME TO
KILL THEO. ESTES
Jury Says Judge Loving
is Not Guilty.
Men ALL OF ONE MIND

sanity. but the Unuritten Law
is the Real Explanation
OF the Acquittal.
CBy the Associated Press)
Houston Va, June 29.-After being
in the jury room forty five minutes
the jury this evening returned YER
diet Of not guilty in the case of
former Judge Loving, Of Nelson coun-
ty, and manager of the Virginia es-
tate Of Thomas F. Ryan who was
placed on trial here last Monday be-
fore the circuit court of Halifax, Judge
William h Barksdale, presiding, for
the murder OF Theodore Estes, son
of Sheriff NJ. X Estes Of Nelson
county. Judge Loving shot and killed
Young Estes on April p at oak
Ridge. following a buggy ride Estes
had taken with the Judges daughter,
Miss Elizabeth Loving who told her
father that her escort had drugged
and assaulted her.
The jury retired at 4:45 O'Clock and
from that time until the verdict was
returned the defendant remained in
the seat he had occupied since the
trial began and surrounded by the
members of his immediate family with
the exception Of his daughter Eliza
beth, who was not present today. At
j:45 O'Clock a loud knock was heard
on the door of the jury room and
Judge Barksdale, who had taken his
seat on the bench ordered the sheriff
to preserve order and cautioned the
large crowd that had remained not
to give vent to their emotions when
the verdict was announced. The YER
dict Of acquittal was read by Fore
man b. S. McCraw.
Judge Barksdale thanked the jurors
for their attendance upon cour~ at
great sacrifices He declared that
he believed the verdict was in accord
ance with the conscientious views of
the jury.
After the jury had been discharged,
Judge Loving, his wife and other
relatives shook hands with and
thanked each juror. Tears streamed
from the eyes of the defendant and his
wife Judge Loving was congratu-
lated by many of his friends present.
though in accordance with the warn
ing of Judge Barksdale, there was no
noisy demonstration.
Excused on Ground of Insanity.
Foreman McCraw. a merchant and
farmer, said that when the jurors en-
tered the room. one of them did not
exactly understand all of the instruc-
tions of the court and these were
read to him Mr.. McCraw said that
when he called for vote, he request
ed all who favored the acquittal of
the defendant to hold up their right
hand on the first ballot every hand
promptly went uD. When ked
what the basis of the verdict was he
said INSANITY" and that he and the
other members of the jury believed
that Judge Loving was out of his
mind a the time he killed young
Estes. The stress, he said, had been
brought on by the story told him by
his daughter.
The day was spent in argument, the
forenoon being taken up by counsel
for the defense and the closing speech
for the prosecution being made this
afternoon by Comm onWealth's Attor-
nev Bouldin. Attorneys Barksdale
Moore and Lee for the defense spoke
practically along the same lines. They
pleaded for an acquittal on the ground
that Judge Loving was insane at the
time he killed Estes. having lost con-
troll of himself upon hearing the story
of the ruin of his daughter, Miss Eliza
beth Loving. They dwelt at some
length on the testimony Of the insan-
of whishey by the defendant some
years ago which. it was claimed, had
diseased his brain.
The real basis of their argument,
however, was the "unwritten law"
They spoke of the preservation OF
the sanctity of Virginia homes declar-
ing that any man who invaded the
Threshold and despoiled woman
had forfeited his claim on s-'ciety
on this point Mr.. Moore said:
You would not raise the moral
standard or elevate the womanhood OF
Virginia by convicting him. Don't put
the badge of dishonor on him by send
ing him to the penitentiarN. Don't let
it go out to the world that jury of
Virginia gentlemen put the felon's 5
stripes on a Virginia gentleman.
Mr.. Lee appealed strongly to the
sympathies of the jury with both
words and tears. sweep from Vir
einia the chaste homes of the citi-
zens,'' he said, and what remains of
the state? The purify and the digni-
in life to Virginia. 1t is the gift Of
Cod When any one invades our
homes he strikes society and the body
polite the deadliest blow You all
know now love for your wife and how
the smile of a daughter can bring out
from your nature the best there is in
it.
MY heart and my mind tell me.
gentlemen of the jury, how you feel.
| believe that when the foreman asks
YOU to hold up Your hands, if you be-
lieve the prisoner not guilty every
hand will go up, and that Your act Will
be according to your conscientious
opinion. When Christ departed this
life his last words were Father for
give them, they know not what they
do
Insanity Plea Ridiculed.
Commonwe wealth Attorney BOuldin Of
Halifax county, in the closing address
ridiculed the insanity plea calling at
tention to Judge Loving's deliberation
before and at the time OF the tragedy.
He declared the evidence showed that
the murder was an act Of deliberation
and that il was committed after Judge