Los Angeles herald., 1907-06-30
JUDGE LOVING
ACQUITTED OF
MURDER CHARGE
Not Guilty Verdict
Of Jury
Vireinian Who Shot Admirer of His
Daughter Goes Free-Attorney
Makes Eloquent Plea for
His Client
Ry Associated Press.

BY Associated Press.
HOUSTON, Va, June 29.-After be-
ing out thirty-five minutes the jury
this evening returned verdict of
mot guilty" in the case of former
Judge William G.. Loving of Nelson,
manager of the Virginia estate of
Thomas F. Ryan, who was placed on
trial here Monday for the murder of
Theodore Estes, son of Sheriff M. X.
Estes of Nelson county. Judge Loving
shot and killed young Estes May % at
Oak Ridge following a buggy ride
young Estes had taken with Loving's
daughter, who told her father that her
escort had drugged and assaulted her
Judge BarkSdale thanked the jurors
and said he believed that the verdict
was in accordance with their con-
science. After the jurors had been ex-
cused Judge Loving, his wife and other
relatives shook hands and thanked
each juror for the verdict. Tears
streamed from the eyes of both the
defendant and his wife. Judge Loving
was surrounded by many of his friends,
but there was no demonstration. Fore
man McGraw is merchant and farm
er. He said that when the jurors re-
tired one of them did not understand
all of the instructions of the court
which was read to them. McGraw said
he then called for the vote. instructing
all who favored the acquittal of the de-
fendant to hold up their right hands.
At the opening of court today in the
trial of former Judge Loving for mur-
der, the arguments of the attorneys
begun yesterday afternoon were contin-
ued, when former State Senator w. P.
Barksdale rose to speak for the de-
fense.
Pleads for Loving
Mr. Barksdale said in part:
ct know that there is a suspicion
about the plea of insanity, but the court
| has directed you not to look at 1t with
| that view.
"The evidence in this case is that the
defendant was on continuous drunk
for eight years and his brain had been
so impaired that it suddenly gave way
under great stress.
"No wonder the light of reason fled
from his mind. We are not appealing
to you upon the 'unwritten law but
the law that is written on your hearts
and upon the hearts of your fore
fathers"
The plea of Mr. Barksdale was based
almost entirely upon the preservation
of the sanctity of the home. He was
followed by Attorney Moore of the de-
fense.
Mr.. Moore said:
"It is a surprise to me that the de-
feet in the strings of the defendants
mind did not break when he first
heard the story of his daughter being
brought home, drugged and uncon-
scious. But he did restrain himself and
waited for his daughter. The majority
of men would not have waited, but
would have lost their control at once.
1--WE have a preponderance of proof
that the defendant was insane at the
time of the killing.
"You would not raise the moral stand
ard or elevate the womanhood of Vir-
ginia by convicting. Don't put the ban
of dishonor upon him by sending him
to the penitentiary. Don't let 1t go out
to the world thta a jury of Virginia
gentlemen put the felon's stripes on a
Virginia gentleman"
Mr.. Moore was followed by John L..
Lee of Lynchburg, who appealed
strongly to the sympathies of the jury
with both words and tears. He said:
"Sweep from Virginia the chaste
homes of the citizens and what remains
of the state? The purity and the dig
nifty of our homes is the sweetest thing
in life to Virginia. 1t is the gift of
God. When any one invades our homes
he strikes society and the body poll
tic the deadliest blow"