The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-06-29
Special 70 The Washington Herald

Special % The Washington Herald
Houston. Va, June 2s.-After q day
spent in legal sparring over instructions,
the Loving murder trial started on its
last lap this afternoon at I o'clock when
Daniel Harmon, of Charlottesville, open
ed the argument for the State.
The question Of instructions. which was
10 have been disposed Of at the morning
session, proved a great OBSTACLE, the
lawyers being wide apart on three or four
points. They disputed over these for
some time. and finally presented argu-
ments stating objections for each side,
submitting the papers 20 Judge Banks
dale. who al once adjourned court till 3
o'clock and began the preparation Of in
strucuons on his own account, using the
framework prepared by both sides The
instructions are fair u both sides, but it
is accepted as true by the laity that the
avenues for acquittal Of the defendant
are many, the "unwritten law finding
way through the insanity" plea.
Judge Barksdaie said that It was not his
purpose 20 tell the jury what TO do, that
It was within their province TO hear all
the evidence. to judge Of that for them
selves and TO give a verdict as their con-
sciences dictated, supported by their
oaths He said that the character of
Miss Loving and that of the dead man
were not subjects before the jury, and
that the fact that experts had been cali
ed to testify should not prejudice their
Derides Insanity Plea.
Daniel Harmon, in opening his argu-
ment. said that it was not Lis idea or de-
sire 70 be abusive or vitUperauve; that he
would not add an iota 20 the great bur
den which the defendant and the mem
bers Of his family were already bearing.
he would not be personal IN his remarks,
and in HIS speech he would refer 10 the
crime rather than 10 the man who had
committed H.
Taking up the plea Of insanity, he asked
II the fact that Loving had controlled
himself when told the happenings by
Sneed was an Indication of insanity. Was
his setting his horse and buggy. going
70 his Office. selecting shells loaded with
buckshOt, any indication that he was in
sane? Did the four-miie drive 90 Loving
stOn, going TO the store OF Estes and ask
ing for him. and then going 20 another
store and asking fer him. give reason to
believe that ne was insJneg Would the
owner Of an immense estate place at the
head Of it as manager man who had
the reputation Of being insane?
He said that young Estes lay sleeping
the last sleep on the hillside Of Nelson,
and that no attack had been committed
OF proven. There was no evidence 20 sub
stantiate that claim. The judge bad said
that the jury could not say what were the
facts in the claim. and had no right 70
presume IN the matter. To acquit Loving
would be 70 make the life OF men unsafe
The fact that an expert from outside the
State had been brought here should have
no weight. They could be gotten on any
subject as long as The fee was forthcom-
ing He said that the jury should ascer-
tain IL murder had been done, and II so to
name the responsible man and to fix his
punishment.
Opens for Defense.
Aubrey L STROBE Of Amherst, opened
for the defense. Getting right down to
the facts in the case, he asked the jury
10 put themselves in the place Of the man
at the bar and 10 give their verdict ac-
cordingIy. The State had said that 10 let
Loving go without punishment would be
saying that the life Of men was unsafe
To punish him would be tantamount to let
ting go scot-free all men who attacked
women. and that no Virginia jury had
ever punished q man for defending the
honor and purity Of his home.
The laws Of the State had written into
them that whenever q man attempted 20
attack q woman, that man forfeited MS
life. He would not dry a tear that was
shed over the grave Of the unfortunate
young man. yet he could not bring him
self 10 say that a man who had defended
his daughter should be made to suffer at
the hands Of the law. He believed that
the men Of Halifax entertained the same
high ideals and regard for woman that
prevailed in the State, and asked the
members Of the jury who had daughters.
and from whom they were separated this
night, 70 think q returning 20 their
homes and finding the condition Of affairs
that confronted Judge Loving.
Argument viii be resumed at go to-
morrow morning, when Senator Barks-
dale, R. Walton Moore, and John /. Lee
VIII argue for the defense, and Wood
Bouldin VIII close for the State.