Hattiesburg daily news. (Hattiesburg, Miss.) 1907-1908, 1907-07-06
MURDER MADE EASY.
Louisville Courier-JourDal.

LOtuStiltr JOuilSl-J OuAbdi. i1.I
The acquittal Of Judge William G.
Loving, for the murder Of Theodore
Estes. whom he accused of violence to
his daughter, was expected. There
was no denial that Loving killed Estes,
and it was not prets ID that he did
it in his necessary defense. Low
ing pleaded that he was insane just
long enough to Rommit the homicide,
but the real defense was that Estes
mad mistreated Ioving's daughter
1t is useless 70 complain that the
evidence in the case did not authorize
such verdict. Trial by jury has many
drawbacks. but trial by newspaper,
especiallY the newspaper is vel
low 81 even worse. The jury
= = DIN to THY the facts, and their
Verdict of acquittal cannot be revised.
1t is absolutely final If they were
allowed to hear all legal evidence in
the case. and were properly instruct
ed, they may fairly be held RESPONSE
BILE, If they decided contrary to the
law and the evidence. Nevertheless,
| it is pretty we'll settled that the man
who mistreats the wife or daughter
of another takes his life in his hands,
and juries will hot be too particular in
inquiring into bis state of mind. They
acquit such~a man not because he was
Insane, Echuse they think he was
sane and did as they would have done
under like circumstances. The jury
in effect, usurp the pardoning power
and prefer to violate their oaths rather
than to convict man who has killed
the destroyer pf his home.
In the case, however, as in the Thav
case, there was no sufficient proof o
the destruction of anybody's home. Ii
Thaw case the woman told fairly tall
about being drugged and outraged
and the prosecution was forbidden t
show that it was not true. Following
this ruling as precedent, the cour
| in the Loving case refused to alloy
Judge LovingIs daughter to be contra
ldicted The theory is that the rels
ltion of the stbry made the accused ii
sane, and if he was insane when h
did the killing, it does not matte
whether the story was true or falss
At the same time. everybody knee
well enough that the real ground o
(which the aequittal Of Loving wa
|sought was hots that he was insan,
but that he Had slain man who d.
served to die.| Now, whether Estes d,
served to die or. not, even under tn
"unwritten law" depended upon tn
truth of the story which Miss Lovin
says she told lher father. The prosec,
Ition professet to be able to show ths
this story was a fable, mere devic
Ito shield a man who had committe
causeless murder, but all such ev
dence was excluded on the ground ths
insanity wasl the real plea, whereas
lis perfectly well understood that it wa
put in for the purpose of getting tt
girls story before the jury. IN
story may have been true, but thel
was no opportunity to show that it Wa
false. Hence in discussing the la
Of the case we have right to assun
that it was a pure invention, for Il
judge said. in effect that the circur
stance that it was an invention wi
|
wholly irrelevant.
1t is very interesting inquiry VIII
effect the acceptance Ct such a dc
} trine will have on trials for murds
When a man kills another IN nece
sary self defense he may be expect
A wonan's Strange Request.