The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-07-02

monweaith Attorney Wood VIII
Close for Prosecution - Judge
B~arksdale's Charge to the Jury.
houston, Va, June 28.-Argument In
the trial of former Judge William G..
Estes was begun late this afternoon
after a day spent by counsel for both
sides in the preparation of instructions
amt a wrangle over them before the
court, The instructions as read by
Judge Barksdale discussed murder. its
various degrees. the question of rea-
Sonable doubt. the time allowed for a
mans angry passions to subside. and
especially insanity.
The following instructions prepared
by the prosecution touching on the
"unwritten law" was stricken Out by
The court: ono man under the pro-
lection of the law has a right to be the
aVenger of his own wrongs; if they be
of a nature for which the laws Of So
ciety give him an adequate remedy
thither should he resort; but if they
be of any nature whatsoever he has
no right to avenge them except in tbe
manner prescribed by the law. The
unwrittcn law, by which is meant the
right of a citizen to become the avang-
er of his own wrongs in a manner not
authorized by law or against the law
has no place in the criminal jurispru-
dence of Virginia"
h+tornor NorioI Harmon IF Tho,-
lottesville, for the prosecution, and At
torney Aubrey E. Strobe, for the de-
Tense. spoke for an bnur and a half
each this afternoon. and the court
adjourned at Z o'clock until tomorrow
morning. Messrs. Moore, Barksddle
and Lee will then speak for the defense
land commemorative Attorney Wood
for the prosecution.
Mr.. Harmon. in his address. sought
to show that Judge Loving killed rs
tes after 'deliberation, generalization
and reflection" and that the defendant
was a sane and responsible man at
the time of the killing, thus making
the offense murder in the first degree.
s"The defendant" he said, sis a char
acter that seldom comes before your
courts and the case is full OF
details. This young man is dead IN
the prime of life. called to his tragic
end without a word of warning, with
out preparation. You are here to hn0t
out who put him to death. At hiss
death he was engaged in his usual oc-
cupation. He knew the
and was acquainted with his high tenA-
r1er- but when the negro who was IN
the car remarked here comes judge
flowing, he was as unconscious OIL dan-
ger as the old Colored man VINO maze
VII remark. There is no evidence IN
4hic case TO show hat young ESTES
had been guilty Of n
lrrra YOU have no righS to base you
,,ardict on any assumption tina ne
was entity. The commonwealth VIII
not no given the right to vlnd'cdte
him. and every mar stand IN the esG
of the law innocent until he mas oeei
proved guilty.
~sTbe first information regarding Tn
. condition of affairs is alleged to hav
come to Judge Loving between 8 and
o,c,ock in the morning and the crlAA
was committed between 5 ana o cloc
in the afternoon. Did he not have tin
to reflect and deliberate? Judge Low
ing got in his buggy with his gun an
mis- ammunition and went in search
Young Estes, going to several pace
before locating him. According t" tn
staiament Of the defendant, told to tn
MAGISTRATE and on the witness t
1rere, he said: 4 deliberately souGi
his life and killed him
s"Talk about will ~power-here Is
reformed drunkard who went tor !
years without getting on out I"
srrees. a man who served as a Jude
OF his county with honor and dlstln'
ton and who is at the head Of a lars
estate. If there is a verdict or acqu!
tai [ will ask the court to request y0
to specify if it is based on insanlt
Why is this claim Of insanity presen
ed? My friends on the other sle
must recognize the force and strehSt
of evidence that is against the defen(
ant"
Attorney Strobe, who followed, ba'
ed his plea almost exclusively on II
unwritten law. He said in part:
1--WE have come to O to Drese'
the case for the defendant where v
always believed it should be presente
III a. court of justice. We believe tn
the people of Halifax and Nelson couI
lies cherish the same traditions a;
the same sentiments. The heritage
Vireinians is common to us all. 7!
hest and fairest trial Of a man is b
fore a jury, endowed with similar a
like passions. The condition OF 4
mind cannot be decided so we'll as
a tribunal OF his own countrymen. L.
first nrincinle of law is to put yours