Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-07-06
The Unwritten Law in Virginia.

derer in Virginia has been acquitted
by a jury as a result of defense based
almost wholly upon the so-called UNI
written law which allows any southern
gcntl"man-and in the South all native
male whites are gentlemen-to avenge
in blood any insults or injuries, real or
fancied, to the women Of his family.
OF course such a condition of things Is
little less than return to barhariSm
and anarchy, and the Tirginian judges
and jurics which have allowed such
acquittals are being most vigorously
scored in every part of The country.
In the latest Nirginian instance, the
Loving case, there was an echo of the
judge refused to admit testimony as
to tho truth of the story which the girl
toll her father, said story arousinS the
father to a height of passion Whlch
drove him forth TO shoot down the
Young man whom the daughter ac-
cused. The prosecution claimed to be
able to prove that the story was not
true ard that the alleged offense never
really occurred, but the evidence was
refused admission.
Such a ruling as this makes the life
of any nan, whether he is a bad or 4
good citizen, wholly at the mercy of
| a woman who tells her male relatives
that he has wronged her. The woman
may be malicious or hystercal, the
story she tells may be deliberately
false, but that makes no difference If
her husband, father or brother goes
ont after hearing her story, and shoots
| down the man, the murder is condoned
and even applauded.
Such Il precedent as has been made
in these Virginian cases is liable to
plague the Nirginian courts and Nir-
ginia society in the future. Even Vir-
ginians themselves see the injustice
and the menace of such Il precedent
and the Richmond Times Dispatch, one
of the leading papers of the state,
speaks out in very strong language
upon this matter. The editorial of the
| Times Dispatch is worth quoting here
| in fun, since 1t shows us here in the
| North how !, cool-headcI and conserv-
l
of the Loving jury and the principle
involved in its verdict Of acquittal.
Says the Times-D Dispatch:
The acquittal Of Judge Loving is
| enough to alarm the state. Ii this
| trial ana verdict establish Il precedent
| in Virginia, hereafter when woman
| charges 4 man with IN uffcnse against
her honr. and relates il to 4 male
| member If the family and So infamcs
his passion as to cause Il brain
| storm" such man will be justified in
| staying the person accused. 1t will
matter not whether the Wuman'S story
be true or false; whether it be an ex-
lagseratipn or Il pure invention. Not a
word of testimony can be introduced
l
only thing necessary will be to make
the jury believe that she told such ;
lstrry To the prisoner at the bar an(
that the shock of it deprived him of hi:
treason for the moment. If the prisoner
was once drunkard and had injured
his brain and weakened his will power
by strong drink. 80 much the better fol
his case. lie will be less responsible
in law than otherwise he would hay,
bccn.r
| Can any doctrine more dangcrOu,
th,n. this be imagined. 1t is simply
astounding. We have the Southern in
stinct. We understand WHY n Virgini;
jury will not convict 4 man who ha.
siam another, if that other have de
hanched his home. But we balk at thi
NO" version of the 'unWritten law,
which is the worst form of lynch law
III inns doctrine be accepted in Vir
Sinia. il Will be impossible to convic
any man VINO has murdered another
provided only h. can induce som
woman in his family to swear in cour
that she told him the victim had dis
honored her. 1t matters not how ba,
the i1an may be. 1t matters not hoy
bad the woman may he. The law is NJ
, reSpcrt"r OF persons. A plea which
sufflceS in one case must he quite sufli
cl"nt H. another. And why should
: woman be necessarily involved? If
= man hears from any source charg
: against another which 50 enraqes hin
as to produce brainstorm. whcthe
the story be true or not, he is iustifie
in committing murder
This must not he the practice il
+, Virginia We are CARRYING III
'u1writtcn law and the doctrine q
lrr"spnnSibility to absurd and danger
ouS extremes. Public sentiment mus
be aroused and crystallized. and Their
must he radical revision of the Grim
NAL law by the next Legislature.
VOICES OF THE PRESS,