Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-06-29
Former State Senator Argues
Before Jury to Save Life of
Judge Loving
NEARING AN END
CASE
May Go to the Jury Tonight = Defense
Gains Strong Point in Having Ref
erence to "Unwritten Law" Stricken
From instructions to the Jury-Gen-
eraI News.

Houston, Va, June 29.-At the
opening of court today in the trial of
former Justice Loving for murder. the
arguments of attorneys were continued.
When former State Senator Barksdale
arose to speak for the defense. every
available seat in the court room was
occupied. Barksdale said in part:
''I know. that there is suspicion about
a plea of insanity. But the court has
directed you not to look at it with
that view. The evidence in1his case is
that defendant was on a continuous
drunk for eight years, and his brain
had been SO impaired that it suddenly
gave way under the great stress No
wonder the light of reason fled from his
mind. We are not appealing to you on
the unwritten law. but the law that is
written on your hearts and on the
hearts Of your forefathers."
The plea of Barksdale was based al
most entirely on the preservation of the
sanctity of the home.
When the jury goes out today to
pass upon the guilt or Innocence of
Judge Loving, it will consider the>"un-
written law
This was made clear when the court
refused to consider draft of in
structions prepared by the state and
telling the jury that no man has right
10 avenge wrongs himself Judge Low
ing avenged real or supposed wrong
when he shot Estes who according to
Miss Loving, had taken her driving,
drugged and assaulted her. She told
her father the story and the father,
armed with shotgun, had sought out
young Estes and killed him. The case
was almots repetition of the ThaW
case with a father substituted for a
husband.
The instructions as read by Judge
Barksdale discussed murder, its vari-
Gus degrees, the question of reason
able doubt, the time allowed for a
mans angry passions to subside and
especially insanity.
The following instructions prepared
by the prosecution touching on the "un-
written law was stricken out by the
court:
No man under the protection Of the
law has right to be the avenger of
his own wrongs; if they be of naturs
for which the laws of society give him
an adequate remedy thither should he
resort; but be they of any nature
whatsoever he has no right to avenge
them except in the manner prescribed
by the law. The unwritten law, by
which is meant the right of citizen to
become the aveuger of his own wrongs
in manner not authorized by law or
against the law, has no place in the
criminal Jurisprudence of Virginia.
Jerome Butts In"
Houston. Va, June 29.-District At
torney jerome, of New York, in the
hope of securing precedent to aid
him in the next trial of Harry Thaw,
"butted in" to the case against Judge
w. P Loving for the murder of young
Theodore Estes.
Mr.. Jerome, realizing the almost
identical questions involved in this case
to the Thaw case, sent personal tele-
gram to Judge Barksdale which
reached him before the opening Of
court yesterday, citing additional au-
thorities on the admissability of the
evidence, which the prosecution wanted
to introduce to show that Miss Low
ing's confession to her father of what
took place on the buggy ride was false.
Mr.. Jerome's telegram to Judge
Barksdale reads as follows:
New York, June 81, 1907.
Judge Barksdale, Houston, Va,
Consult note of Wiglnore in Second
Illinois law review, page 35, citing
Knapp against State of Indiana; 79
Northeastern Reporter. page 1916. See
also Commonwealth against Haurigan
in s9th Kentucky. page 305.
CIVILIAN TRAVERSE JEROME"
Counsel for Judge Loving were
greatly incensed at the action Of Dis
trict Attorney jerome in what they
term Quitting in Discussing it they
said they had men as competent as
New York's district attorney to advise
their Judges and that if Mr. Jerome
would give more attention to cleaning
up his own matters he would be Civ
ing better service to the public.
Even Judge Barksdale did not seem
to care particularly for the gratuitous
advice of Mr. Jerome. AS Judge
Barksdale had his decision refusing to
admit the evidence all written out be-
fore he reached the court house, Mr..
Jerome's telegram was absolutely
without influence one way Or the 9TH
er