Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-06-29
THE LOVING TRIAL.


was to have been disposed of at the
morning session, proved a great obstacle,
the lawyers being wide apart on three or
four points. They disputed over these
for some time and finally presented ar
guments stating objections for each side,
submitting the papers to Judge Barks-
dale, who at once adjourned court till 3
o'clock and began the preparation of the
instructions on his own account, using
the framework prepared by both sides.
The instructions are fair TO both sides,
but it is accepted as true by the laity
that the avenues for aequittal Of the de-
fendant are many, the "unwritten law"
finding way through the 'insanity"
plea.
Judge Barksdale said that 1t was not
his purpose to tell the jury what to do,
that it was within their province TO hear
all the evidence, to Judge Of that for
themselves and to give verdict as their
consciences dictated, supported by their
oaths. He said that the character OF
Miss Loving and that Of the dead msn
were not subjec's before the jury, and
that the fact that experts had been call
ed to testify should not prejudice their
verdict against The defendant.
Daniel Harmon, 10 opening his argu-
ment, said thstit was not his idea or de-
sire to be abusive or vituperative; that he
would not add an iota to the great bur-
den which the defendant and the mem
bers of his family we're already bearing.
He would not be personal in his re-
marks, and in bis speech he would refer
to the crime rather than to the man who
had committed it.
Taking up the plea of insanity, he
asked if the fact that Judge Loving had
controlled himself when told the happen
ings by Sneed was an indication of in
sanity. Was his getting his horse and
buggy, going to his Office, selecting shells
loaded with buckshot, any indication
that he was insanI9 Did the four-mile
drive to Lovingstop, going to the store Of
Estes and asking for him, and then
going to another store and asking for
him, give reason to believe that be was
insant? Would the owner of an i'm
mense estate place at the head of it as
manager man who had the reputation
of being insanR
He said that young Estes lay sleeping
the last sleep on the hillside of Nels)n,
and that no attack had been committed
or proven. There was no evidence to
substantiate that claim. The Judge had
said that the jury could not say what
we're the facts in the claim, and had no
right to presume in the matter. To ac-
quit Loving would be to make the life of
men unsafe. The fact that an expert
from outside the State had been brought
here should have no weight. They could
be gotten on any subject as long as the
fee was forthcoming. He said that the
jury should ascertain if murder had been
done, and if so to name the responsible
man and to fix bis punishment.
Aubrey E Strobe, of Amherst, opened
for The defense. Getting right down to
the facts in the case, he asked the jury
to put themselves in the place of the man
a. the bar aRl 10 give their verdict ac-
cordingly. He State had said that to
let Loving go without punishment would
be saying that the life Of men was un-
safe. To punish him would be tanta-
mount to letting go scot-free all men
who attacked women aud that no Vir-
ginia jury had ever punished man for
defending the honor and purity of his
home.
The laws of the State had written into
them that whenever man attempted to
attack a woman, that man forfeited his
life. He would not dry tear that was
shed over the grave of the unfortunate
young man, yet he could not bring him
self to say that man who had defended
his daughter should be made TO suffer at
the hands of the law. He believed that
the men of Halifax entertained the same
high ideals aud regard for woman that
prevailed in the State, and asked the
members OF the jury who had daughters,
ard from whom they we're separated this
night, to think of returning to their
homes and finding the condition OF affairs
that confronted Judge Loving.
Argument were resumed today. Sen
ator Barksdale, r. Walton Moore aud
John l., Lee will argue for the defense.
and Wood Bouldin will close for the
State.
Houston, Va. June 29.-An immense
crowd assembled in the court room this
morning to hear the further arguments
the Loving case. State Senator Barks-
dale addressed the jury for few minu-
ties on behalf OF the prisoner. He spoke
impressively upon the sanctitY of the
Virginia home, saying he did not be-
lieVe a Halifax jury would convict any
man Of murder for trying to maintain
that sauctity.
81 thank God" said he, "that in
Virginia, at least, the man who in
yades the sanctity Of the home does so
at his own risk and that the head of the
family can lose his selfcontrcl."
Attorney K. w. Moore, who followed
Lawyer Barksdale for the defense, ad-
dressed the jary on the defendants
mental condition at the time of the kill
ing. He reviewed the experts testi-
mony and declared that the preponder-
ance OF evidence in this connection was
that the mind Of Judge Loving, impaired
after many years of excessive drinking,
would give way under severe s!rsin aud
stress. The speaker then reviewed the
testimony Of Judge Loving, his brother
in-law, who first informed him of the
condition of bis daughter and the testi-
mony of Miss Elizabeth Loving. Like
the other two speaker who had pre-