The free lance. (Fredericksburg, Va.) 1885-1926, 1907-07-02
JUDGE LOVING FREE
Insane When lie Killed Estes, Mas
Verdict of Jury.
s;stsmsu, Of Jurors Belief Confirmed BY Counsel

the Instructions prepared by the deienSe
and by the State We're argued they wer.
presented To the Judge. The defense of |
Tered eighteen, In which the question of
mental arrangement was the primary
ground, the Others revolving around that |
one plea The usual definitions of the |
crime OF murder aud its degree We're en- |
tered into. To this the State offered |
many objections, presenting q list oi
seventeen instructions against eighteen
offered by the defense. Counsel for the /
defense yielded many points when the
argument began, and then the papers
were given 70 Judge Barksdalr. who
took them in hand. called in his stenog-
rapher and prepared instructions as h.
construed the law.
FAyORs THE DEFENSE.
The defense got the better of the State
in the instructions, by Judge Bar ksdaie
telling the jury that the man charged
with crime was innocent until proven
guilty. He said that the mere fact that
an expert slieuist was called TO testify
for the defense should have no weight
with the AIRY IN prpiudicing tue case. ana
that II the Jury believed the deiendaut
acted IN haste or without premeditatioL
the crime could only be classed a. man
slaughter. II. however. the iIry WAS
convinced that the defendant was men,
tally unbalanced by the revelations made
70 him by his daughter or If they had
the least doubt a. 20 the guilt OF the
prisoner, IL was the duty OF the jury 70
acquit.
The Affect of the instructions is TO az
| ford Loving a chance for acQuittal hv
the .ury. The instructions ne held 10
d. in strict accord with the decisions of
the State Appellate Court but the pre-
sumption OF innocence and the condition
OF mind of the prisoner are dwelt upon at
length. The defense is we'll pleased AT
the tenor OF the instructions which. when
read to the jury, had grown to more
than double th<a ssurfiber offered by both
siies
One instruction prepared by the prose
cution. touching on the ,unwritten law. %
was stricken out by the court
Judge Barksdale received "a letter post
marked New York, purporting TO have
come from the Black Hsnd" Organiza-
ton. and threatening bis life If Judge
Loving j. acquitted. Judge Barksdale
regards the letter as "a trifiing incident
Miss Elizabeth Loving j. said 10 b.
almost physical wreck, and she will
leave the state aud spend some time
away frim the scene of the tragedy in
order that she may be restored 70 health
She keeps to her room all the time " hen
not in the dining room at her meals
OPENS THE ARGUMENT.
At O'Clock Daniel Harmon. OF Char
lottesviile. opened the argument for the
State. He said that the crime had been
proven, and that the case was one that
was deplored by all the people os the
state. He took the ground that the a.
cused man and his family had enough TO
bear without having the burden in
creased. and discussed the crime. not the
man
He sought to show that Judge Loving
killed Estes after elaboration. premedi-
tatiOn, and upon reflection and that the
defendant WIS q sane and respou-
sible man at the time of the killing. thus
making the ofiense murder in the first de- |
gree.
The defendant. h. said, is d character
that seldom comes before your courts
and the case Il full Of dramatic details /
This young man is dead. in the prime Of |
life, and called 10 his tragic end without
one word OF warning, without prepare |
ton. He sleeps on the green hillside OF /
Nelson county, and you are here TO find /
ont who put him TO death At his death /
he WAS engaged in his usual occupation /
There j. no evidence IN this case 10 I
show that Estes had been guilty OF any
base your verdict on any assumption I
that he was guilty. The COmmonweAlthl
VIII not be given the right 10 vindicate I
him, and every man stands IN the eve- 4
OF the law innocent until he has been /
proven guilty. You must look at the 4
case throughout from that viewpoint
Any one may come 20 me and make /
a statement about you that So enrages /
me that my blood begins to boil. and /
60 seek you and kill you, regardless of /
whether the charges may be- true OF |
ialse. Then can b. acquitted il have /
the financial ability TO employ an expert /
on insanity"
MnlCtIES INSANITY PLEA.
Taking up the insanity plea. Harmon |
asked If the six hours intervening be- /
tween the time he was told of the occur |
renee and the killing Indicated insanity |
Did the getting of his team, going TO the |
Office, and selecting shells loaded with |
buckshot instead OF those loaded with /
birdshot testify to insanity? Did a drive /
OF eight miles, two steps TO inquire If =
Estes was there, justify the claim that /
Loving was insane? Did the fact that |
he j. in charge OF the largest individual |
estate in Virginia mean that he was Sc
lected Tor that position because be was /
insane? He declared that experts could |
be secured for any purpose if the f.. was I
in sight. He continued: According ~
the statement Of the defendant. told T.
the magistrate and on the witness stand
here, he said; i deliberately sought his
life and killed him
Talk about will power. Here il "A
reformed drunkard. who went fortwelve
years without getting on but two spraes
man who served as judge OF his county
with honor and distinction, and who l.
at the head of a large estate. II there j.
verdict OF acquittal. ! will ask the
court TO request you 20 specify if it is
based on insanity
APPEALS TO VIRGINIA TRADITIONS.
Attorney Strobe, who followed. based
his plea almost exclusively on the IN
written law. he said. in part:
I'VE have come to you to present the
case for the defendant, where we ALWAYS
believed it should be presented in a court
of justice We believe that the people of
Halifax and Nelson counties cherish
the same traditions and the same senti-
meDts. The heritage of Nirginians is
common to US all. The fairest and best
trial OF a man is before jury, endowed
with similar and like passions. Thecon-
dition OF his mind cannot be decided so
well as by a tribunal of his own country
men. The first principle of law is to put
yourself in the place OF that man who il
before you for trial. That feeling OF
kindly chivairy and courtesy of the citi-
zens OF this south side of Virginia has
made 1t pleasure to have this case tried
in your midst.
THE Commonwealth demands the life
| OF the defendant, and for what? | do
1 ~ IL