15 20 1864 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_002_044-commonwealth-v-shade-knight.pdf 783a1bd785c16167636f6ef6723c9701 PDF Text Text State of Virginia, Rockingham County, to=wit: In the County Court of the said County: The Jurors of the Commonwealth attending of Virginia, in and for the body of the County of Rockingham, the said Comt, UPON THEIR on the_ // :_day ofA/4::?--~ »~-J~~=--the OATH PRESENT, of the said in the said county, a certain outhouse, called a UJ~ property of one_L_£. to or occupied with the dwelling-house that_~~___,:,.~~------ in the year r89 /' _____ L~ and now - (L.)~ not adjoining - in the night time of that day, feloniously did break and enter, with intent there situated the goods and chattles of the said ~in the said outhouse then and there being, feloniously to steal, take a~mrrr•••~ A~~~~~ .L ~.W 1 of the goods and chattles of the said_L_ £~~ - in the said outhou e, then and there being found, then and there feloniously against the peace and dignity of the Commonwealth aforesaid, on the called a do further of Virginia. present, that~-L~u.__- And the Jurors aforesaid, upon their oath __________________ , in the year r89f, ) 1.!___day of~~ -»~ ~) did steal, take and carry away, the property of one _ in the said County, a certain outhouse, L &.w~ - not adjoining to or occupied with the dwelling-house of the said_L~-!LJ~_ ... __________ there situated, in the day time of that day feloniously did break and enter, with intent of the said_ f &~~--b_~ of the goo~s an~ chatte~s of the _____ the good and chattels in the said outhouse then and there being, feloniously to steal, saidL .. &1,.4--<,,__,.lJ,~~~~=~~------------in the said outhouse, then and there bcino- found, then and there feloniously did steal, take and carry away, against the peace and dignity of the Commonwealth of Virginia. And the Jnrors aforesaid, upon their oath aforesaid, do further present, that: ~ L~~ - , on the / '( day of in the said County, a certain outhouse, called a_,!,/~.J~, A~.~ - ,J;f~ ,in the year 189 7, the property of one_L_fi._~ , not adjoining to or occupied with the dwelling house of the said ____ , there situated, in the night time of that day feloniously did enter, without breaking the same, with intent the goods and chattels of the said_L_c§, W4, AA?-A' _in the said outhouse then and there being, feloniously to steal, take and carry away. ~ - And ~~lk:__"~ of the goods and chattels of the said_L& ll)___~~------- in the said outhouse then and there being found, then and there feloniously did steal, take and carry away, against the peace and �-~ ' ~7~~~(' _;;:I . -Y:Y~ �( ~ ....,(.e'a__ z,z?,a,z,,a. 7~/' (I u JV u:z l ,_ Ji',{! /C-<~ 'j /t A, M~ d,~L 7,, /4.,, - //2,=-o/ft'1!,.A ':ftej . 7 ~ a.,; o<. 12 LL-<-<- <-L 2 6i_ n d ,7:>.., ~ k,A,.,,.,,t' -~~£ -:;~{_ er,.,,a.c Ca__ L.( a{;/ i7o/ ctt_J1,~J~la,,~1£( AZ~ ? -r::; 5 ...x,.71/ ,'/' Zl, df ~ 66_I~;__ ed... 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LPa_$~ v~ l -½ j; /) A.e az=, ' t 1 _J a..u;,l - ·g 'fl'- 10 a.J.,/ ~ ~,( t?l-z 7/X... a-A q_ 71 ~ · r /J~ !Cbr" J £L<.d.. -,f £' r '7 ~? ~ ~, C /4."c K..,_ •:_f, ~ --~.., a.Lf_a._ ~ 4- l 7£){_ fJ?' d-& J /4.c:,/4' "Z~ Jt., ~ - ~ j,{p :h_La_J.7;_ 4- i,d. ~ :Ja_ ,._..._ ../k - J~_ ~0"1 _/h_J~,u_( C A:•u7 f 4- llf / A.-,.,__ 4.._-,,_-t._ /✓ I ';/ ;__ Jj ~ J )l c,_J _ u: ~l " I -Lt' vft t -z 1 _t... o( A,...v d -<. J l/ ~ ~1 / /?U -U:.. .. ,{A ,u .c( CA • L • AA;;z,_-7_ /(.(_ .U{ 'tf!'"""J 17 ,,//«: l.d( ,-;,. I H,l J L~Lfi"L-1-{ .<.Ll .,, L- .,._,,_• c( • j i I ~,4 ectLu 1 _ ,,, /1 .. /Ac - <t 11/l ( 7 • l/ ci.J~I _ de."'/ - 4. '1-(.., .,/A-/~z.c- J. .,,'o/ c .... ./4 ~""t£.. C..<... l I L>L<,. -'"( 7 t. --t'.l ! /4, ,{\ -e_ • <.R_ Jl.? u.J{,,( .:c u L --.-#Lt"'L£ C _ <-~ (_ /2:b / a J ,a ·,1_,·z,, -A.,£_.. . ~ A(~' £--"f_ 4., J {, f - ~ ,,e., V-C,,.7 7 ,r/.1 L// ( J-< -t.a-..; "[;,,k 1'. /2 I /u:ft A-'?4/,/ ,o/? '- z t) f J?(" �'. �. t I �\ �If you f'ind him not guilty you will say so and no more. If you :find him ..:-:u.ilty of housebreall. i.ng as 0:t,argeti indictment you will fin"ment in the penjtentia:ry Ewo nor rno.,.,e tha~ the :five so ana then County Jail so that ten years the such or in your term of h'is con- term be not less than conf'inement discretion tYrelve months e 'cee :ing not ascertain in the and fine not i.n exceeding hun(1red aolla_-rs. _nut if' finrl indictment ment yo in the 1_ but will :t,in not guilty o:r· by both. six of t11e .felony of petit larceny say so and then ascertain County jail more than guilty so that months or fine such not as charged as charged the than the jndict- term of' hj s conf'inement term be not less less in in the tJ7.an lfi 0ays ~~5.0') no.,., excee(l nor f/;1.00.on ��TOTHESHERIFFOFROCKINGHAM COUNTY. The following list efpersons ef the County ef Rockin,R'ltam, residing remote.from tf,e place wftere Lite offence is clta175ed to !tave been committed, and in ot!ter resj>t'ds qualified to serve as Jurors, is furnislted _you,from wltzdt you slzall talie the Veniremen summoned by _you to sen•e as Jurors upon Lite trial f,r II" (!/ JU .J~t.J,-- . J "'-- Lt~JJ- !f?L;-lff-~ da,, l::17 . a/ II, 41 Jl/1.j ~ j/_ /}~ ~ i_ , clta,;[fed wit!t .felon_y, set 7 >rn,, , 8 f 'f , af "" Cmm(• ~ ~~ ~L8/V,.,_· ~~ CLr-l.~~IJ:L ~~. 1tt-ft:z Form 4-Berlin. ��IN THENAMEOFTHECOMMONWEALTH OFVIRGINIA. ),,;y_~ fou are !tereby ro111111a11ded to s11111111011 11am, to be taleen fro111 a listfurnis!ted ~y lite Judgr prrso11s of lite ro1m~1• o_f Ror!.•in.{t- o_f tl1e Co11n(1• Co11rl o_f Rorltingliam, residhtg remote fro111 t!te place 1,•!tere t!te offense is r/1ar1;ed lo l1m•e bt•en ro111111ilted.and q71al~jied in all ol!ter respects, lo sen..e as Jurors, lo alle11d and appear before !!tr Colln(1• (our! 1 Collrl lite Co1111[1 J-lor1se, 011lite bein1; lite Ju J r,; da_1•of ~· r}~ 1/(~~ . ·Ind //,is t!te__11 sliall i11 7/0 da_1•o_f flu· J~ r 89 . ,uist' 011111,under of Ror!.·i11xl1a111 Co1111{1',al Court 11e.l'I, o/ lo sen•e as Jurors 11po11lite trial of r/1a1~r;cd11•ill1_/'clo1(1' . Ilic pena/~1• o_f £100. And !ta,•e t!ten mid t!tere lite 11a111cso_f said per.1'011sand !!tis 1,•ril. Wiln,<<l j ~4 Jlousc. !lie 1/j; <!fl!tc Con1111omi'ea/l/1. da_1•o_/ 14 , Cieri.- of our said Court, at lite Court �Lyt,M/vt~PJtt- 6 r ) 0 'V' Jt«ol~;J- U-«A-L iL,;. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1899 Title A name given to the resource Commonwealth v. Shade Knight Subject The topic of the resource Felony Break and Enter Larceny Description An account of the resource Defendant charged with felony break and enter and felony larceny. Publisher An entity responsible for making the resource available JMU LIbraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_002_044 Knight Weast https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_001_048-commonwealth-v-syran-hoover.pdf 316306b487699835c1821a3a58afce30 PDF Text Text �~~'l}71{EY - ~ r?2Cl1f ,., :/ • •..1{;;/' �~~~l~~~~~Ji~v~~::5s/L ::1::~~::b:::~;~:::::,:::,~:::::~ .t :::::~v:;,:":::::,:f .:::.:~:, ,:::cui~;~~i:i:::t::51:Jl::z ::lyby ~~,•: P::::::~ 0 ,_/l one thousand eight hundred and ninety.L.92..l.g... /~R~" /jt.e. al&OL,:! -<tJ~u:_,,;Jd,;z:0 :;/t, a,jL ~::: de[tf z JeA.L·········:·g···············r;··.·/ ff .Jl d:ul{,l, }i-_......., -;;r9a ,[. 1<.R,~//;_•L< ~ 'l ~1..,... c#Ltu~ ..1.a,,, ·'/ /C:,,~4 a ...... {j,,.LL.',7'····i:. i ........... ae, ..,,,. f 1 ,,"';,'cf.j},,,,ty , /, a ,~ "''7,,Jl: .. a cf:u,3 .....f k.,,....... 2,4:,L,L7":'·"/i/,_ · ... Cl:.t·· ...Af L,:'l A,,1,.,., Rla.,AL ...1..L, 117f, ....... IL.,. "····"·lJjj,... . , ..f<J..L{.i,~ Lft"-·· .... iduiru£.~ J].l,.l.f -jh«.,~/£= {j/4 a.t12~,u,1 Tl-IE CONDITION OF,: "f/E ABOVE OBLIGATION IS SUCH, That, r:1,L;,~ :·i 1ziL ·l·· LL ...qc ,L ........ 1 ., # ~'-"•'-''"' t~· lu.f~,..ll ..... ytLt. 7/·il ...... lL'!J,4~/z,,_,,{ ,,{ll ~~··"' t•<>.e'<;J f.;';Ji,.a«[.. ,LJ<!-e 11.,:, Ref hat<.L?(~'''1/ af•:"jfa, · 14,,.j.Jfu-ti;lL 1zwh,1LA0 J':;,.".. '.'14:-yl f ,2n,dtc.b••.1 "4 ... Jlo/t,'"Jf;~f J/J>j./.c. .... 42, ..sL .pru_f L~/c..L..... JL,ca J..,..,Jfa,,ll'..,.,, ~ _fa.i.th-ftttlyu.ischarge the dutieB-tlf.. ··•'L. ................................. sa-id Offise and '!!p.u:ytt, aeoording io-law; then this, Obligation to be void, or el::,eto remain in full force. _lnd the obligors herein do hereby severally waive, in resp1:1ctto their obligations and liabilities in virtue of this bond, all benefit of exemption whatsoever, under and by virtue of the Act of General Assembly of Virginia, Chap. 157, of the Session Acts 1869 and '70, approved June 27th, 187(\ and commonly known as the Homestflad Exemption Act. And do also hereby waive any claim, right or vrivilege to discharge any liability arrising under said bond, or by virtue of said office or trust, in any cnnency, funds, counter-claims or offsets other than legal tender currency of the United States . ~ 1r.b. . .• 2.. ✓.:.-:2....~./!...C...&~ ....[SEAL.] !ft~~<<C. .......l~t.►.:.~ [SEAL.] in the pres- 1·· .J.Cz ...~ &:J ....... /~.✓ · ··•·· ,_'··········[SEAL.] .- ...': ....................... Signed, sealed, acknowledged and delivered ~ '--~f-<'.t~..... ence of an before ;_Con t,y Court of Rockingham County . ~--t- pc~ ~............ ....[SEAL] .....[SE.AL.] .. .....[SEAL.] ········································[SEAL.] IN THE CouNTY Cou1n OF RocKINGHAM CouNTY, ........ . ___ ...the .................................... . 189 The above Bond was this day acknowledged in the Court aforesaid, by .. the obligors thereto, and ordered to be recorded. 'fES'l'E- .... ................... ······················•··•·······............. . ..... ·····-··········-Clerk. ��ROCKINGHAM COUNTY, TO-WIT : .Pl.... ~ ..~°.::~J!~lfii~::~:::~~ 1 J..~ ..... J.~ ....... f ..... £.l ....~ ................ ~....... :.1.~ ........................... ff.., Whereas, ...... of t~e;aid _co1J}Jt!,. has this day made complaint and in.formation on oath b~fore me, ....... of said coun<y,<ha~ ......... fl~ ... ,&,.~ ~..........., 1s9/, day af .... in said ·~·······~·········~········A w,mfy, on the.....J..,!, .. - '°"'.'ty, did ........ ........................ ~ ....61~·~······f·~ ~,;~ ~J ~ ~ ................ , ,j <liesa,d ....... t;-' ..................... . ~~· =~:;,;;;;~:~~~:~;;::~· ;~~=~·~:~ ;;;h~;,~ ;;~;;:;:: hend and bring before me, or some othJJ Justice of the Peace of the said county, the body of the said .... L~ and to be ;~~~;{dealt .... J.:f.~ .............. , to answer with according to law. . .... cl... A,.~/~ J ...... day Given under my hand and seal this ....J... year 18 '1I. the said complaint, oj. .... ~•··· ......in the ��Rock.in to 6 ha. .. C )ll~~t.y j_ t. I fL .e 1 . , .._,r ( wit,. + ) , ' )• ....1 ~~ ~~/ ~ (h, .~ t,ne E<,,..id Cou1;t1 r rL.)rHdly apreared bef::>re e J. 'ii. Keiter a, Just,ice ::>f tne paid C:nntJ and c:a.c.h '.)f the .•1 se·, erate:y G..Ld ir.divic>-1,:i,llJ ack1,:J·aledLbd J imst;;,.f sere12te ...f c:r.d inC:iv1dJ.ail; to b~ i.:.·e0t c. t'.) tne C0n .. '.) v7ualth of ir,:1;:-.ia 11. he sum 0f of 1 L-- ~~ JC,.cr. )i ...r.eir -l~ ~ t.~J,Jc.i.s1 ar.c. '.) ars la.nd::= anc cnatteles, ~~._._1 r}u,~l .c:ke c.efault C::.errrr1 tte11. Tne lt •. be : evieC. J te11-=.-:1er1 if t r-~c: .,_#~~~- JI~ nai d t) in tne rerfJrrr.ance cor di tior. )f hi t:1~-u~L~~ of tht! conditior.s rec-:>::i.i~a.nce i E ,,__(_ fUCn ,,£ . ~"2 e,_,,..;::z;/; '-'"· eve 1 y oi,e f L eL s ha.11 per e o i.al 1 f a p~ e tr Gom.tJ Court ')f •~v..· Co 1i1t1 Jn the /~ . ay 1f +he Lext ter!:.1 _trere tJ c·iv? evide 1Ce 1·. behalf of t,· e Co ....;n•yrrealtL c..'(.,inst. J~......._ ~ ; ~p ______ Jj s t 1 • !~~ .r_.~·_t_,n_eabov~ n-Jed 'N_""~_vs the er.ef t ae 1..1t. Tt.l er: nci ackn:Jwled c.:.nd year first * 1 £'8 fEitiec Jf a.oove his •r)-o ste. ~~~ ''C• :ed wit! ~ C.s , ' Eacr rerer~~elf .f-'.).:le...tead exe.r~rti,n ed bef '.)1"8 writte.n. j me in the s~ id ~~. c. f elorw i. dividially ar Count/ t'.) tnis the day J.P. �. } . ', . , . ,# ~ ~ ... .. ~ \ ~ ,, ....... h • r f'-' .. ..... r , J ~ ~ ~~ :..· ......... . . ~I f . �Inthe Nameof the Commonwealth of Virginia, wko-~lia-~1,a.rgecl .11.nclthis 1trW~l,ff,fH,ttt/id;c~. ~1C 1 ....shnU in no . .. . . . . . . . . . . . . . . . . . . . . .. . .. . . . . wise omi/;, nnder tlie µenrtlt!f of' -!:!ZOO. l/_11,d /l((ue tl1e11ruul tl,en ::~;:~;:':~;;, ~°l~L"fES'S~::: ~,,~~;,:: :,:"'~ ';/;;, :::::~>:;' :,,~':::,:;_i;:;,~~ ,_·1 J?/l_vz~-t- .lJ__ . Clf'1l,. �~ ~ 1, ~c :r· ~ " :. ~,"-:: r;..; ,.. ~ ~p ~ : - ~r~~ X '-' " ~ C' ~ ... ��r1 "-t.. ~ ~ ~~ ... ~ ��� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1891 Title A name given to the resource Commonwealth v. Syran Hoover Subject The topic of the resource Felony Attempted Murder Assault Description An account of the resource Defendant charged with felony attempted murder and felony assault. Publisher An entity responsible for making the resource available JMU LIbraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_001_048 Hoover Lawman https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_011_009-commonwealth-v-t-s-yeager.pdf a4e1d91914cc708bdd0ddedd40befd9f PDF Text Text Ju,l1 ~ 7i-yJYl i't 3 I COIIIONWEA.LTH vs. Felony (forgery) T. S. YEAGER '- ( , ) I ' �~p ~ --~--=:..-~ I f( ti I , ( I t I �..- '- ...... - ~~ - ... :--.... ·1 r ~fLlh!!} .... e;z_/A 7 ��l COMMOEALTH Charge to the Jury V T. S. YEAGER If you find wil then you will him guilty, say so and fix the penitentiary for a period more than ten years, twelve T. S. Yeager, not guilty, you say so and no more. If you find jail the accused, for a period months. as charged his punishment of not less or in your discretion, of not less in the indictment, by confinement than two years in nor by confinement than six months nor more than in �~n ~ll ~ �Tho Court instructs conoists to tho in tt o fa.l c p oJncliao .t.1.1 i· l c Court ho~n l)o on the jury that a ~in of anothor 01· 1 t _J.s the e. re sot able e:r.:n o'"'ol., Jor i-:1 llcdl, tho offense al to ring s ri ;hts jur doubt 1ri tton o:f '11th tho that unless that a thor lzcd uccusod ..:.....__;,e...~ .... ,...-c----J.. a.-.-.oL.--:C-,.;..,_~~ ti c· t: ...,.,f'l o 1 fl 1d rim not eu:;.lty. of forgery ,. rs. intont the instrurne t to dofro.ud • Common 1e 1th Hinton 110ith r to fi 11 in so.id note 4/)#L.c..£7~ ,-- - ~--:#L- ✓~ ,,--~- ��The Court av ry person is ost a pre n ir r ft vi re"' onabl or o in the bona i .. rged blishad this th c he ent, of inr..ocenc nd ppli d sat 11 the of guilt doubt e the l w prasurm unt Commonwealth beyond a res umptio oe, ury that the :rith cr1Jie to be innocent by th to any foot indict in tructs u i of the dou t, goes ev ry sta vi enoa :in thi -thetr nd find uty hi the o to gi not guilty is sooo d through thereof; an c j ry e the rge he • uilt orua'ble dc»bt, of the aooo ed upon the t al to prov 1 1th the 1 if, h ve role case, de against pri er the him �,, �The court from the evidence without fifty authority, dollars, authorized five instructs employ as true filled signed and that if they believe doubt that the accused out a promissory by Lucy Hinton, out said said for nine hundred note for one hundred attempted note, then they should note when he had only been he afterwards and genuine, in the indictment, that beyond a reasonable by her to fill dollars, the jury with find to utter twentyand intent as charged the accused guilty forgery and of attempting to utter a forged charged in the two counts in the indictment. instrument as of ��Arrest Warrant Commonwealth of Virginia, t To-Wit: ~kingham..~. I vi t J O ? I ~ •a:j..3 o·lb~ g To...... :'..~ ......... :'...... ::..... ~:.!.1.~ ...,..... ::?.hg:\'.'..t.~.: ................................................ , a Constable of,;-::o,A County: ~ .J ... Whereas, ...!.:.i-:.1 ..L .....-d ..... !..~·············································································~··;·····of the said GoY<»°"ty, has this day made complaint a9-~tyiformation on oath before me, ......... ~...~ ...~..~.~···~·~·~·~····················••·••·······························a Justice of the said Goom,y,that.or-···,···='·::; .:t·················':-:~.! ......?..! .....'f~~~ ..:.:~r. ..................................................................................... ;r ,.,.,,. .......... . of the said County, on;the ................... ~Ll................. day of.....' ...tn:..c.............................. , 19....· l., in the said County, did l(....W..Ll _y ,.·ll i:0lo,1io113ly ....~_i.:,e c. t_in b 11: nute (1_ t ,d __Jrch Jl, 19,)1, L- ·········o--··---iT".:········=-· ··r··-~"·c ... ···::··.._ 1t·t>n·;·····:· .:.·-~ .... ~::··.:r· -;-;··---~:, ····t·i.1··,·· .....:;··:·il:···::1-~·-····3········· ·cc.·... ·ee·'L-;······t::"- -1---·-·-r ....!. "t~:b:cJ.::-.t'(~ ......... 11 :n : _· t:1-. f'i Ve .... clo.l ....c- -"B .... t o......,.irm ....du. 1c1.r ed ......'i._?tY ....-J.O 11 ~-r"'..L.-~ ·.itL tnc ··········t:·· ···=:r· :1·,:·~· -.-····;,;.;n1:r······ •·gi · · · ·- ···· ·· ···· int,:mt · ····{; o ........ ::::.:::±:t~ ......:tmb.Jt.E:......... --'-RZ de.i:ru.ud ullt. c..ic1 -uc:l hinton, i1.clt · -·~·on..-n:n.:;;: ·G ····-o-:::···· ····· g·inia·.······································································· to L.~ .... These are therefore, in the name of the Commonwealth of Vjrgtnia, to coP-ltpnd you forthwith to apprehend and bring before, me or some ,other Justice -of the said Gunn±¥, the body of the said .}• ,.,• Yeuger to answer the said complaint and to be further dealt with according to law. And you are required to summon........................................................................................................................................................................ . to appear and give evidence in beha.lf of the Commonwealth, on the examination touching the said offence. Given under my hand and seal this ....... ~.~·~·············day of.............. ~~:f.'.! ..~.~·················· ..··,in the year 19.....~~~········ ··························· ..····Jr:..{; ... /.72~, ....................... J. P. [Seal] �STATE OF VIRGINIA-COUNTY OF ROCKINGHAM, TO-WIT: I, County a Justice of Rockingham, Virginia, do hereby certify of the Peace in and for the that his suret ........, have this day acknowledged themselves .............................................................. Dollars tels, upon this condition: That Indebted to the Commonwealth of Virginia in the sum of ................... . ($ .................................... ) to be made and levied the said ............................................................................ shall goods and chat- of their appear before the under- signed or the Circuit Court of Rockingham County, on the .................... day of ................................................ , 19...- ..., and not leave hence without leave of the said Court, to answer the charge in this warrant, or to await the action of the Grand Jury of the said County upon the within charge. Given under my hand this, the ................ day of .................................................... , 19............• J. P . - ... ....' ' r:: Ei 0 Cl " Ill .... Cl, .. ~ ... r:: Ill s::2 I .. ;; jl:'. : r:: Q s s 8 : = ~,:.s ~ : !1~ u .. :t-ii <Di ... i!] ii: .. 1111 .r:: "-I! ., Cl.., ~1 M r-1 ·1 . ,:: Ill ~ .5 '° ~ i ~.. C'"'"' • .r:: j~ .. .r:: ~ .s .... .. .., .:: .. .... ...., -~, ~ .. •~·~ (j i !: .r:: ~ 1111 ! • : :E .. ..;: ____.____ ~; .r:: .... ~ ! .., jl:'. .... ~ < : E~ Ill :: .. :i.! r:: E ... .. ...... .. .. r =u : : f .E ~ cu .... • .&> ,-......._ . .l): i Ill .; .. .r:: 1111 "r:: ... C: II.I I e § -:, .. .. .. ... .. :E r .,. .,. .,. .,. .,. .,. .,. .,. .,. .. i '° i .., _g .• s .. .. Ill r:: i::.., Cl ~ ~ .... .... s::.., .r:: .r:: Q C ""<i:: ;:. .... 0 .. .... .. .. ... .. .. ~.. -~ ..., la;, i:: ~ u i I>< la;, .., Cl .. 1l .. .., t'i:: .... .. ., .. ...... <., .... .., § i:: i:: ... .. .. ·2 < 00 .. 0 E s = Cl 0 i:: .... ;;.. .. ;;.. .. .. .. "' B ; .., i 8 ·r:: .... < ., .. ... ~ 0 Ill Cl. -5 1:1) .r:: Ill .... .; Ill ~ ii: 0 i:: 0 E E la;, E-- �CI ( 5 C/_ t I~ 7 3 /J b 5 f !J 2-, l "II~,> , f '-I·.5 tJ 2, s if -1./ JO ��6.4 O 1.5 0 1.0 0 1.5 0 1.5 0 1.5 0 1.0 O 14.4 o-,. ��4.5 0 330 * 3.0 O 3.4 0 2.8 0 4.3 0 3.4 O 4.5 O 2.8 5 4.3 0 4.3 0 3.3 2.5 4.3 2.5 0 0 0 O 2.5 0 2.8 0 2.5 0 2.5 O 2.5 0 6 6.0 5 * �' �• ��In the Name of the Commonwealth to appear before tbe judge of tbe Circnit tbereof, at 10 o'clock, a. tn., on tbe /a of Virginia: <;°IJ!.!_ of Rockingham ~ay to testify aud tbe truth to say i11 REI-IALr- of or- THE who stands cbarg?17d w·tl and indict7tor-a And this fe~• -o,,... -~~..., ................... ... 1J~~nl'fHJOr. ..... shall not omit under tbe penalty of £100. And have then . and there this Writ. Witne/'o/s.L RO ERT SWITZER, day of ... .. ... .. . ... .. 19 . P IL PRESS, HARRISONBURG. VJ.. 19.~/ a Co,\IMON\~l;f-1 ✓-✓:~~ at tbe Court House Clerk of our said , and in tbe .. .. . ...... ... 1~. - 11rt, at the Court House, the y~ Commonwealth. , Clerk �~ ~ %~ �(]. P. or Bail Commissioner) and acknowledged themselves o be indebted to the Commonwealth £~~·········· to be levied of their respective wealth of Virginia rendered, of Virginia .....___----.-. -- ......Dollars, goods and chattels, lands and tenements, ( $ ··/ each in the sum of - d .... (()_fi. ..~.....), for the -.ise of the Common- and they each severally waved their homestead exemption to their re- cognizance; yet upon this cond~ /.,L.... . That if the said ....... 'L the Ci,cuit Cou,t of ~k2h~unty, ..... heard, at such other ~ the said ~' ..................... ~f.. ............................................................................ , time or times to which the proceedings and before any court or judge hereafter :wnd tkcn ant.+--bk~e ae~~ may be continued having or holding any proceedings Camo1onnre2ltb before ~~~ o ~s~Co~ ................... /Y ................................ Te:mAb~t cot;..:1:wiag the.- ~..., and shall personally . ............................ of J,Tjro-jpja or further in connection concerninga with ce~in ................................................................................................ waeroof &be said ................... ·.................................... . ········································· .Sota ��COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In the Circuit Court of said The jurors County: of the Commonwealth of Virginia body of the County of Rockingham now attending at its ~une term, 1931, do upon thei~ Yeager on the day of March, commit forgery dollars of one hundred said note having been signed dollars only, with intent against the peace and dignity And the jurors further present the day of March, utter he, and attempt the said T. to employ as true to defraud County, dl.d unlawfully for nine hundred dollars without fifty authority, by Lucy Hinton and delivered her, the said upon their oaths twenty-five Lucy Hinton, aforesaid, T. S. Yeager afterwards, in the said said forged knowing the same to be forged, note to-wit, on feloniously did forged promissory note; and attempted in the County aforesaid, against do County, Yeager at the time he so uttered said s. T. of the Commonwealth of Virginia. the said 1931, Court that out for one hundred to employ as true s. note in blank aforesaid, that present, twenty-five Yeager to be filled the Circuit 1931, in said by ma.king a promissory instead to the said oaths in and for the the peace well and dignity of the Commonwealth of Virginia. This indictment Wilma Dewey, William Return jury Lincoln, to give H. Byrd, J. O. Stickley, witnesses evidence. is found on the testimony sworn in court of Lucy E. Hinton, Frank Hoover, and sent before and the grand �FORGERY COMMONWEALTH V ~JI1 \~ ~ ~i T. S. YEAGER J ~~i t {J{ 1' ~ 1{{ ~+i ~-l( J1 ~ ~'i~ A FELONY A True Bill ;,~# t.d; D. W. Earman, Commonwealth's Attorney �\ �...... / �...he vO evidence 1: t d tie ..... -~ e s. of fo • rt i!}...,t_ · i ht t ·ury th t . tl e ~i 'th ~ r V VO - ut 01it~ to ii l i . L.Ot ,I.. v 8 nk note .., - , e o ..,, e ., ct .. t _f th iJ.l c r e ��Cm,'.!Iv:ONWEALTH CHARGE TO THE JURY V T. S. YEAGER If you find will the accused, then you will more than twelve him guilty, say so and fix the penitentiary /ail not guilty, you say so and no more. If you find . T. S. Yeager, for ten years, for a period months. a period as charged his punishment of not less or in your discretion, of not less than in the indictment, by confinement tmn two years in nor by confinement six months nor more than in ��The Court forgery consists instrument instructs in the the false to the prejudice jury that the offense making or altering of another's rights o~ of a written with the intent to defraud. And the Court wealth note, the jury has shown beyond a reasonable neither said tells expressly note then nor impliedly that doubt authorixed unless that the CommonTuirs. Hinton ccused in the manner and amount in which he filled t1ey should find him ~ot guilty. to fill in in said �• �Th Co rt instr every person c barged is established nd this case, having a reason ble bene presumes until his the Commonwealth beyond a reasonable eoes with t e accused of innocence nd apoli sat every stage thereof; in this doubt of uilt oous d upon the whol indictment, essential it _;_~"' o~ the doubt, is to prove their and find duty the him not case the jury charge t:> give guilty. through and i?, the evidenoe of the uil t doubt, hoard all or as tc, any fact in t.: the la· crime to be 1nnocent it presumntion the entire after by ots the Jury that have case,· made against the prisoner the him ��The oourt from the without fifty v1dence beyond authority, dollars, authorized five dollars, the i~diot f ·lled signed by her mploy as true i ::lnstruots for -r,~:: and ot a tt ou said m ting doubt said to utter in th the accused that note for nine hundred when he had only been note for one hundred ds attempted n te, then they should chargt.:''. in the two counts J t.A...LL,. .. ble if they believe that out a. pro issory he afterwa and ge uine, ent, reason by Lucy Hinton, to fill and that the jury find 1th to utter ntont indictment. and as charged the accused a forged t enty- instrument guilty as of ��The Court forgery instr, consists instruots in the false ent to the prejudioe the jury th t the offense making or altering of a ther's rights of of a written "ith the intent to defraud. And the Court wea lth neither said note, tells the jury that has shown beyond a re sonable express y nor pl edly doubt that uthori n ~e in the manner end amount in .,_i=m hey should find him not unless the Com...onrs~ !inton ed aocus d to f 11 in hich ha guilty. ille 1n s id ��CO ,Ol LTH 11 CJ:-L n('!2' TO THE JURY V T. S. YEAGh"'R If you find the ooused, T. uilty, s charged o Yeager~ not uilty, you 111 say so and no more. If th you\ ou fi d him 1 sa so and fix the :: ':1 tentiary r1ore ·ti fail -1 for a ten years, for a period twelve months. his er1od o i_ th punishment not less or 1n your dis retion, by t ndiot1 ent, confinement n t o years by confir in nor oment in of not le s than six months nor mote than ��The Court every is person charged established and this having a reasonable benefit the crime jury that the law presumes to be innocent until his by the Commonwealth beyond a reasonable case, of innocence and applies heard all doubt of guilt or as to any fact in the with presumption the entire after instructs indictment, of the doubt, every the evidence essential it at goes with in this of the accused to prove doubt, the accused stage guilt through thereof; and if, case jury the have upon the whole case, the charge is their duty to give and find him not guilty. made against the prisoner the him ��The court from the evidence without fifty authority, dollars, authorized five instructs beyond a reasonable filled signed out said genuine, said in the indictment, then they note the accused note for for nine one hundred attempted note, should that hundred when he had only been he afterwatds employ as true·and if they believe doubt by Lucy Hinton, and that that out a promissory by her to fill dollars, the jury with to utter intent accused a forged instrument and of attempting to utter charged in the two counts in the indictment. and as charged find.the forgery twenty- guilty as of �I �•• • • • • •• • • • • • • • • • • • ••• • •••• • • • • • • • • • • • • •• •• • • •• • • •• • • •••• • • • • • • •• •• • •• • ox 0 Ci•ouit Ot 1 f C C S stimo u.-" l.i., ,,. ty 1th vs. , Cl .Le • f ••••••••••••••••••••••••• 0 -, •••• a 1-- --, ••••••••••• ' .. Y, • r ,,... -' .., t • So 9 • • o ~ •• •• •••••••••••••• ft 7-1 •••• • • •••••••••• ••••• ••••••••••••• • • inC!oln, • c. c. • e e • • • • • • • t• ' 11-12, • •• • ••• •• ••• • •• • • • •• • • • • • ••••• • •• • " 12-1 •• •••••••••••••• •••••• ••• •• ••••••• I. l -1 ••••• • •••••••••• • •••• ••••• ••• ••••• rt l~-15; • . • 15-1 ,• • • • • • • •••• • • • •• ••• • •• • • • ••••••• •••• ... • ••• ••• • •••• •••• • • • ••••• •••• ••• •• • If l J, • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • tt l'/-18: ••• •••••• • •• • ••••••••••••••••••• •• n 1. -2" t 27. Ho •••••••••••• •••• •••••• 27; •• •• • ••• ••• •• • • • ••• • •• • • •• ••••• • •• • •• • • ••• ••• •••••• • �• • • �T. s. Yager Ads. co om ·a 1th of Vir.~ini The follo th is . ~ 1 t chi., tc't'l d f ovid 1 ev1 euce on n ent, nee toht °ha f of th map ct.fully,as I introduo ha rein d o.n ·th plaintiff fte r de oted., t 1 1 of �' �s 1m n;y t Cotl!'t ovo ~tyl-d R t th Th Co ri f 0 oti 00 • nton, b 1 ,~ f . .r .Lt1cy E. Q, lt , Co.· on ro 's You _o . oLuoy ~ no ld thr mil on. y il' , I d n't know cxa I ton, - b 1 ev, OU 0 t e you 1 , l.dy? do m ly. t O o... ton? l 0 n h lf fr to n. n y 1 • and o1ghty. yon K righ V i et1 orn, a you? no tll o y nay, lio o ty flv Yul ul f 1 Yo a 0 ---- ir. 1 y. a sir. l • ��--2 .... I b 11 ve you. ar r you el.t, or · vo to, :for ryi ir, o you hr th Q You.r a. you Gd o.t you.rd no £L he 1 ea.rd t11 qu n ly a i or 1ot1ld about the tt depos1t 8 of d I ...il. or nx th ni .h u.a op· at th n 1 in houl ow d 1~ by oe t loan ha no e• and o ng o' 1 ck; o ,,)nnaok t oul oul r on th d r d h.i s; 1v on h.3.t fil a ;12 t Fannaylva 1 l V th. nk it ran? Po <l ho 1; 1 • you A. WO rning in orni f r hi On his · haV ba he t heh I i wonl t h n gh ; s 1 h h n o e i m • 0 t tan. on s l to I my hi o tr 0 n o ro d 1 k • my de. 1 .oo ; in 1· ut tor h 0 ? to or o .ht I o l no t l1oro 't fol I u 1 or n ed ny 0 • i er "$0 1 1 lit H • h· 125.0 w.u, an 1 dr d dol H o i ? he a ore I h d to h ne h ivod. o 1.r. om hor ...oma hor o ,, an ot fro l • 1ims lf. m 1oul Yo sp tl d a a1d lo ugh.tor' my tu.rn 1 t o r th an t u.ghter' ? n ne a o f int • 1 om· n loo 1ough h a r 11v din 0 o tour aw f I ~ hi I ha o ow his man Yi A Q fa hi i~ ou oou.ld at a.ck? fo • t? id ��-, v r r ·turn Did t H. o e'? h O 1 • 1 , ·;1 o. nc th t if ou.ld ol I ob· ct. er tay . Y• n e a a r. .• r' itte by . Mra.Y: n r, h l' nam r. o 81 • 11: yo a. 1 oan t .~e th r1:Lno a. 11n 8 dia 1esod. ,it.no H. ;rd• 11! a oth r I h S 0 ,., 1!' t are l ""•V .H. Yo th a 01 y Y1 yo A .. 8 0 0- • io of 'fu f, h l air. OOtl hi e on eo here, ocoa i n, • .s.ni e .. ? ye ot· .... yo offe_ or vi th 1 offor d not tate t fo.in t r eol t l' oral • ci o s a.nces in a nn the jnry i t note. Th Court y, g rd, C l Did h discount e s 1£1 I • ar ? after hi. • 1 t o P· • Yi...or? by it e n vor hie deli n C to 1 • ign 1 I t I obJeet. .• Q r. • Th n h th l' •er• ts bi f a:·1 hi t y u. • spo 1 0 S .y vor y? I 0 0 liver-:I let i: l d ~ • It is a 4th Jt .a s n db T.s. 1 �~ �in • ss: oso 1t? note is si nod 1 yo Do I' e s yh D I queat1o. 1 I of tho t 0 0 t pp . e er or d ol ed. n our • to . t, t 0 h ' orr 1 t1 . th I, oll r tin. t up e d· y • T o .. n.k ot ta i y 1t w n P• to~. !'S tu. l in yow.· .. d ' 0 af d il ,. w: d i na drod n t d titl t D- r c nt. to to t h ifJ· tho (# • 0 t.1 e 0 to 1 Q fo ---10 n h ld f r 1 em eovora_ . .. t .... pplic to '..,. .Hent n h ld ta he 1· or oer ifio of ..... rao R nto C.:: a ou.nt o! y s y n. th u r com a e, tl · n the ered h us hi h ,950.00 e e an tho n d cnton th' t her s rnh a 1 coney hi s 1 • eo:!: fro d eoo ho ·,rs. d e. xpooti atod '/' g oho' lo·ned G rJ (] not it ; 0ve1•r 8 o h""' d th I d :re ll b t r. Y: ·or as h 0 o. 9o0. b eo ion by Uz•.H 0 , fo ... ? imo th s Q no .fi 1 t ly, 11 tn uy by ,hon call I Ji a,r. ~ a· n, po :r. ? y .t ir, 1:'. r ...y a Y. er lo t 1 o' lo,k 0 o get the di Q It Di your •t qu 1 n 9 y ho 1 ' • d o n s to oubt i 1 1 h ho to n h n o.o B .t of 95 \V tho 4 h n Y• o o? 1. It u oul the 0 nt - tl .oo. h ho oe �.,,, �. f :r •a•H n ? re r ._, i 1. t H y k t h' o you. r ~t ba tion by !)• was a ~ it it t'JD.() 0 1 h'n ·1 n h ·t a p th t i ? t o... l ... t ,I. - pay fo eoll.J t r le 0 t r y a OU 0 t no n i not t f i ! o uld Q. h loan for th h a 4 , ooau e. to o,..,ion, ir$ 1 u but i e, d 0 prosa allte • U' er t llS • em b t I don' of d--to 0 19 t I A th1 n te, • X - 0 n e dre. n 0 Co o_ it he bOJ;" "I> • o? i r. y neas; duo? tr. . t r lmr 0 to~ p it t i d i ho l;o,i y - I> s 10 • y-f ur ill t ly - h p s h 0 t at bu. I coul no .... b OU day y u ... impr r, 1-t You ,ont JC"'I I d oa t 1 ·n a i t t t .... 1th r f it 1 Is -Lil' y a. i aa.1. ? tho 1 ti ln 1 a not • ....ir • I 00 te long ho - ar • t. y I y u.. I - ril. y 0 't f1 .. t r-:__ ( ..f eli·V r l o ..1 1th t o l n t l n r): ��to· · n 1 t t ll ! IO t04" •b 0 .r.H t €)• t t y oft h ve sir; You i uJ. n' ' a.tto pt 1 sir. . t e n uol: · t aot •t Q i to tion? ch r to ti, at 0 ll t ,... uay X of thoir any- ing ci.o s.H ton a f.a<3 of bot 1 h ' lue, he l th hi 11 t _i long ot ! a le at er pay I don""• t ? you i XQ. n~ he XG i n't han id Tt e o Ho ffe , '0 - y oth .r JOU He come in ot, ;!t 0 I 0 ote't nd th ,.. h ,.a. J.)i collat r e next e le 0 •• and, n lO cl offe od in 1- J.l oll d ote,, 1 0 U "O o al 0 t r l. i...,n t 0 C 11 y h ir. ? oll h ti th ,.ii, er !ro ·~ign t .. is a o :1 a a e: th t. si • you let n ta? th it (J 1_~t I don't in p veJ:y 0 - im you r me · er h Q, 00 , t i • 4 h i.t t b· i. .., on l,)U.i of ion? t .f1.f' 0 o session . ~.:.a on rnre ooi th 1a i _os a12" e :.._1 1 • + coti :...do e 8 .... ~. s ion 1 is or · ~o i X o, i 0 not • you did q 1 1 0 oe • t 1 ? of reg et y n V f ..,lat o ... th z-1 ll ir rd ? co •• i • 0\ • n te to (3- thor as: •:,,, f OU Yo other d •t • O.t i disoo 0 ia FX>·dy l t I y you ...u You I t oll t r I t on'+ i- 0 1. ��---7-I don't know that he had endorsed Mr.Earman: it, remember. The note was a negotiable Witness: Yes sir. Witness dismissed. Mr.Frank C.Hoover, another behalf, don't being first witness note? introduced on the same duly sworn; was examined by Mr.Earman, and testified. Q You are Mr. Frank a.Hoover? Q ?!OU Q And what is your business? A Retail Q Do you Q State live where? Do you recall A In the first Yes sir. to you, in exchange for a truck, for $950.00? A Yes sir. about when that was? part of April, that he offered Just what did he say with reference with respect He wanted to trade Dunn motor truck, this and offered this note as settlement A He said his he lived brother to this note? V'l.h.at note to me for a What did he say he wanted with it? wanted this truck, for the truck. I believe he said over in Orange County. Was it a T truck? A T-15, that quality. Re asked for T-15; he knew our line. employed, I think, Didn't about wanting to get some horses He said he wanted it for his brother. How far is Broadway from Harrisonburg? 16:?) miles He had formerly been by one of our dealers. say anything No sir. Henton? Q to me in to the trade? Q Q it at Broadway. were the oiroumstanoes A T.s. Yager? whe h.)r he offered Q Q sales. ow the accused, a note of Lucy E.Henton's my offioe At Broadway. A motor truck Yes sir. A. by way of the Valley Pike. --7-- for Mrs. ��c...o s- Yo 1-"J'le Juli of ,r 0 1•. \"' l tr\1 + t t e ~ s· s 0 ' 1•. i aolf t ..,.l le :i..'10 1 y d Cl oe rue~ ·aA l Hi i n 1 ~ a a:tr. ti o? o el ver - 1 , ·Q y • buy e on t \1 surp u ei~ A I - 'I -1a y true ere r und ni e 1 C 1 . 0 l't th . 18 e you, tl no ' 0 yh 1 ni h f 1dn' ~S• 11 -Or? undro doll -J} "d you i . i-c l i~-.): • :::or ., d =~ .rm ,. r. r. e e G OU ! I ·sk d d. c of nia hi er • • l 1i ce e:. p 1t h s d ket for ·e .i"'o 1' ? -U.C • '4,.• I 8 "'ll .: f \, ... r I· et nd 0 t price lo t J. 0_01a1 1· ot. u H""' you e I 1t.1 . t ,. 0 Ol' h 0 n·t 0 a n r., v s ' 'illO • C ~h . p .h;.;n three "UCk e s· dly on 1:st ke !:?tr. s on ·.;ni •1 ' Si • - q ote li l y 0 • d r Ye d'l - • o.oo 1s ~t p 1 cf h • otc •. our July i eu. Q t· en yo rue, i :rtna, 0 \1 1; -e eo:pl s Hav y u o er 1 ol,. C :rice of .f aot, 11er ill-1:ou.n ..u I> 10n yo ' if ti a-, l.' r a ~ tru sir, Jo I u s. 0 you Di-n't o l s hed • yu »"r t1 itivel. t . e 1 o" I or 0 r 1n n .cl I 0 1 • 00.001 p;r tty ir. 0 oo.QQ 0 r :pr o a th ''J •> k 3t lo ked + V thos �• �in co ) ti :ttiou. d h t d t ? e Di yon oti y oa.J.le m l te:r.·. 0 II \1 1 - Sh ·t, • Yi ? pri ... n ton He u k n ir. 0 ut lle I h v Uf:;h f u.l 0 t 0 • ton• ... 1 RV th th n r • n thing r XQ, hi ir. Q t t tl e rue 0 no hi tb. o b d XQ. n i ro at tha. us 0 yo t in too e o sir. Ii t, 11 ri hy you take thi t 1 no h n I . y ci n't X n .YOU '1h 1 ? I . try· I loo don 1 ..o - d ut? n•t I god n it i • 1 ·h it u.a:pioion. so n I'° th Q. ent f full y u. ho OU It1 t -oul 0 nth no e. Tha. I in p rt d beo 8 of th e n rou.ldn • . J 1 t ad you.? a y I tru t 8 03:t"O h1 "B• offe hdb ou. ou.l h ent, di nit? 1 • ./a .. i n t pro kno n e. Did you. k ll th nt, n ould ly Cil'C an thi st y id n I t • oe, s • to for I 10 ~ d ent I ro to on , If VO st noes, I · bly ld h v befor I oun. 1a full ire 11 ! prob bly t h 11 inary h ariDt3 y u.r part h You did •t I 1 . t to a. t p on 1n h d t n•t i • If I had XQ. y , d Q 1d y 1 • If I Jilli d ,. ��1b.at p oe tru.ok did h Xn the nei. borhood of ir.:mo.rma.n: itneea. Mr-Eal"n\an: Witn sa: reoall Do y .from r.Hammer w a 1 Objection t Sl.1' lie' : Y \ 1..0 aa re? QV from l-fr.Ranner? r:rn,1.lod; xoop ion .. eho ued him ·then, stating ha itnos :1-hat time of d y- h nd .a he hav Ob oct1 n by Mr. W lltet.'1 nd ·ne h nd o4 4olla.re. Sat· d y · ·rr • .!:!tru'.'Oa. Di propo.,., y v;ant to ge ? tho value of the e to on it. • rtdi X . y a eo yo latter th that he showed you? :i:o the beat of 0'9 kn.owl dgo, tha,t ie a copy-. st re d that XQ (REm.di 11 :9lcaso ai -. ): T. s. lag, ?! • Harr1FJottbu~g. Vt~ginia ,. . irre 6:3 ar Sir: tion of the rocord .An e . " ' by t,iey ,,.._ Hanton . o tou.oh1 .a the real ..;O, eetat. own d for Tt'1 ty rm Loan Bank. pr:Lnel fl t! at the px-o rty ie ,ev n hun~red Qollar t d r 1 Thi 1 Farm Lonn e. 1,Ch, lien that' on, a. d 1 al o d o laeel t't'ftis · poa the prope~ty to Wazid Sv,,:; , s o nd 'h'O.a a ,, s •~1nig ��.... ---U-l!r. u.n 'lb nta an to o.d1ey f 75.0 • r loo.a 0. wn 2 fl s ... nto11 li-.,ll t .,17 1 o....m e D' a 1 n li ll tho f m1 ·rr d to tart a.y- a 11 t n nd U -r a.00 l tbi . 17' :p ty the 1 !l'.'• t' ul :,o s. ; " • • lf, b lfl: .J.Oo 1 l Y• be n.;;;,ti s u.ly s .r. oy. The im:pl ens 1 Yu do bu.si I Do you I a to Ul1 11 tha p 10 ~ C, You Q. D-'d h 1ant rr of w Y- g? 0 ill yo prob bl.y t a+ . to l "'1- h id you. ea t? you. you. er h ve G u. 1 ·YOU Q. 0 o e e i in Ye o f.'o:r 0 your -· Yo Otlr po tnd ,1~.I) •-l ... oo-·s Cl • enton, o o~Qhatige et hi a.fr . .oo fo sL ... ;'11 A . OU uoy r ? s ? ut I d cln't t of bu. inees Qf) uck. s1 ... oou_eed? he hi hi W 0 l: oer, • ? d o C ~ an, ·ostifie i"' ino and truo: o s h- 0 Yos n.t 1 1 z:a.E yo ... u.s ne i n t 0 U 0 d ..r. J. Oe,.. 1c1:ley? You. ar Q s on? as u.t h ! ount 1_ 1P ~ 0 the not ? a. er. �• �you D copy o et 11h copy , I tol 0 d ,.t Lr d t t •" d I I 1.t.y t I y h~ ho 1 . om a t 8 ke th t , , s ~, 1 1ould n th t, l' of r or t h t 1 or es it a. t, d by C llCll yo\1 ot, 0 t, oeive a id yo n t 's • 0 • e i e t -, 8 .. t 1 ' "X u l rve th d I: • e· is 8 r ••• bei -- u. n bo 1 ' so I di ... t an '1 th n t 0 0 ? opy. lf, ]. t , "T e ~ be h th o !. • y w nt r., • r ey, ad, r il i V • r of t :.,Q ? bro 1 on of X 0 e _o...? Cr ~ . ial m , >o p I' I h d a id h id' he y .d ur1 t.{ • " \~ II n 1ght tru.ok-. a 8 A i.t' he e;.~ l of ·r t Q. .nd h ro r • of ... n hd 1 t. 0 ot l A y OOJT.i.._ or t .. hn 1 finis d <1, n h y 0 idn' ,.f 1 • ould I 1r:nI wou.l l 1 ? '1 ll • :1. a the _ep rt? • nc ln, ther 1tn 1r reot 1 i on et -- .... d by pl t Y,· yo i • 11 n ��You re ooln? ••• ~ 11 s1 .. ~ r 1 'l s s • • yu J St t of ot l1 h d ·m o e 11 unt of 0 0 n .H t it .• i r 1; 1 of .oo e 0 71 Did he say what he wanted with You di .J,. 't s .c.x . . h. -- Z· .. '; to ln? t d yo I en 1o lly 0 ln - • --- e u. inoas, ·ou a n ..11 V t d y u 1n t1a tr s •. on ton' ent? r.L1 r o n, ft o of sir p:r -i e, , • ott d on •'h • n l1 in ~ euceo· r. 0 e 11h c h h 70 uldn} t ~ o? ye s t •• i A i 1 1 • for I ,h n not .c e r a r 1 r o· OOUB C • 9 the car'? ....1!1 • t I lll itno ' You 1 • fir • 0 • h C ·otten i "' ...r ? '"l" t ~ w 0 He a • ty 0 0 u.::: ;, d i ·• n. nvl uto oil . OU } , ho t nd " v- th d ·o y • t Ju. 0 ,:t n i C , . ln a the o her 1 0 :001n t t :rn ent -_ a sir t ll d hes 0 ' il"lG " --13-- t r • n ol 1 • I 1 ��.. l t d ~ , • · nool! -1 o id it ly .fi_ t • .....ire _nat1 n ' t Y, In l 11 u or the _d l :tr. Yos d Di E' , m• l m n t no • , u, fr t !' t_ n, oh u· .. ei nt n-? 0 yo r ~ e I e em -r 't t. ut OJ. l u::, y 0 u A 0 ork l'• ,...t :n Q, by o ... -·-- ~a.rt o e ri ry I .o • as oond :r in tho C1ty of n h i t oduc test t Q. opl 8 • .H. oy, r. i on to a t er th s d. h th! . he , nt? h d coup. O:!.'d for ll t tat h a 0 t El i i You re 11 Di yu seo I on 1 t i • Ya 0 ,, en th t d ·o. a .a, C --1 ... Si on • • .,,.eJ? som , y ' l' It d l G ... V 1r, I .,o l"OSS-0 of t nd ' • I th d i. 0 0 recall t i .... :. a., 1 to acl t -? f.o:i: Li • O hdll. Q Th "' 1th 'l t . ti 1 .. rly i ot e oam Dri.J:Jg. • lke:r. t l r ? ��ne told y X i \l e .·d 't s - it.? C • Yo d t Th .. t 0 ... B .No sir. h. vor o yo t t ' no ? ll, i ? Di • re 0 th ot 'i el ,. X t it o en in 1 the X 1 I to th n S11 e ? lO o, I au.p id. t te of ya 1 on t? I don•t r mem• r. J e /:) d, r p ·.y..,.bl i thi ,ty cl ya d t ft n 1t I l .. · • ,ill t 0~ u l' P) ·- ... .1 . id ... 1 ye 0 r • .:.mp1•eeei non UC ~ He tr • n yo U. l n, it d d not. 0 i in? ·o b I 0 y lo tr ig t out. st ld old yo t1 i 1 H ight bal h in o e1r. n t as dis .r. • • el "fir at -)i_ ~ to ell ry1 ....n' i Yo e er ca in.It lf, ;:,e C1 n't I it di n 1 ' , m ho:, X bu ' ~ 1 X a . n? other? o ... a ·, , yl r.nia + e I 8 oll n hu.ndr YU , ll ·] 0 s A is h tly rf y vOO ? i • i • i se • another n, uly •·1nat1o !r.Rylin (?) uat as • u ..-15-- 11 on t e introd itno f t !1 . d y r ~d you ar, n.onn o ed 1th ��--1 th il Q Di 1 pa otor C :f:tor you h te of I.ilcy nt Ys r ni V ..ow m o ., oll n a fa t d d ho tad · it ~ . , off a~ E sell -or, at SEY e anted hat 1th ? nt n's · or , I don•t ro - fo:r hi i a ztiaonbur .ue . om 11 di ~ Ci y of h i aIJ.y r n m·or th amo t n. ad, -time? h • 865.00 a too ile? t1f · • di ·S r t i s uJ.y --~1~ ie ·" 1aat1 t e oy • nton rs"f ilm You a.re J'EIS ♦ Did you itn ea you- Q te os air. you D n .ou.n bat is no .o? ·d 1t. had Si ah ttU- to othe ...ts si ~ BS o b fill rah, j ou.t 126.00ai D your 11th of ir,. l do no, 0 to flti n Q • O'\ h .flr "' f th i ril. I , to • you.r other 's 1G t· e b...o 1 nit, mo ·r• n t i I s 1 • n w:o, f t C S 1) C ont a t'O \7 en he i ... JO tiln ? ou.t 1n he kite 1 't. for- t id you m., a, d d y ur 1 st of th n in to . th r, 0 or?n anc he se.1 --1.-- 1 ,. an ,4,old • urs , " nd told 1th e , I ff e 0 0 l S 1 m to y ' ��id you • ..r. l i n t thi t e oc l Ye'w• , • nythi e h at l l n • if 1 e i ... t d nt, I on i 8 f l' • y u.r te'? ...ro 0 ,a tt 0 n ed d Y yo C th r t ta y to a.nt h ey; l b h or a 8 11il n s F· l dis . 1111 • ..Ir. n: J 1 r 0 ... ot!a • ot 1d, t t .yi I ·it _O' - id 1 ~. t y Gff 1 Co on.. -1 ta, _o no·• pl Yo • .1 Y, loa Ro onor, ple· ...e. oul I ...t r .,e1ne fi_st ul on, -- 1nati n y Er. Ea t Ye r. as t 11" th of ROCY..1 Cou.n y'? an,-• riff a.rl a Rt •~ l Y, i trod 1... e au fo o P1 Q. n t d...,. d a.S l y Ye ? ppreh s He to 1 l I 8 You. J:l l1e • . l' • r.Oh. b hal t h n e ylv 1 • I h v e y r ditio? ylvani. • nd he a as 0 e -• ia S t eriff y I 'l"• itn 0 He C 8 d C ��t di 1r_,,_ -• -••YaD' 1rst ei , 0 n, es~if1 .,_ ti1 oot ex st t- tl Q Ro ol Q, re , ro re d you rh n i yo n 0 • In • '10 • v1f ylvu '0 p h Yo thirt a 1 i nos 8 ov r littl o. I ld o 0 0. ..f he 11:. 1 ... 0 • V the o d? r• 0 ..:l. ? 8 l1 t :r1nl, e n it h .S u:ry i...,n d th t ia 1 v tcr toll a a _ 4 t ~ y mn r ve 'J· .I' n this • 1 nd had h h e a tio Ob ry .. ..e Co l h' to :U., 00 1 1 • ri fly. 1lle y, ie te p· ...o ti e? marri.o t ylv n1 • .t;'8 Th a' f g in ..J. o na, l I lve r::on r OU t 0- l ob a 'J r County, Vir ini nn ylv nia ,C i t Yi 0 0ro • I You h lf, r toon.a, Pe ' I e, 0 o ab.e d - y A In C 1p ... ly Yo o 1- y-fiv s ...i ly ~ I 0 ' r r. '-,I oes u ...o? ltoo 0 soi• 1 e. . not thi ? I don't I t i you. r·· eed . .s te ogi~o.pb.o:r. you. a.r oi h- ... lk th e.,,_.tld 1 c • y · ·tion n-m t YOU" t, in -Od de , 80 ( } V Si • e:r io. 1 e r .... err d to yo ... 1r. -- s-- id i r if- e,;tl �--- �-19-- y -t e i d u ve ro t C i o "bu.11"pr1 r H o:t 1h r 1 ;, yo 1 non 1 1 Q. o . . s. hey Di y Ir t ef nt • r..,. Hont n• ·e ? the f OV ,. igni l·• ors note, thi 0 it b- e • t this or ? Ol"..!.8 1 a e i t e uhe loo tion o· th is lOr no e ho • e 1 'I 8 .e D 1 8 I • it ei 1he 1 0 i_:t • ~ Q. in t - t? 0 <> .. .:or 0 n st"f'eot. So . H nto l.T 1' n Hl-r1 i . i a Tr<.4cy i t 1 . tr e hie Q. 1t -• yo Q tot 1 Ci i y u. • y n u. ~e i h • bou 1e ct s c' n • or i t 1 rt f - - f v "0th It pril. • n h r1 I i d , 1s Pr te .t.rO • D t u of o r .H r • . • sh 1 io i 1 h u._ t e yo o 1 h this am o r 1 u. .. that C J.t ~a I 0 note o h a - 1 d th- el I r cs. 0 l a l • 0 ae --1 • -- t t I £ .. r itio to do • t 0 her. ��.,.. o-- t y I I do •t ,I. t IJ r ; t. n to e y • ou.. j s c· J.: t t I 1 pri t 0 to btt.y ~ of _ o.. e ? 1 s ·• o •o 1· ad t e .f r so :i e , oh, hr a , as I t ot. . h you, ot ll or· a ii.th I· I yot. vr~.. i r. 0 • r,5. O• t 200.00, l ai dn 1 »i· t i you. don u ... ll mon y fr i J.y I th h old one ? at an • aoo ollldn' d tr 1 . en ot • air. '"" 0-- c, dred .oll t ·s .,_h 11-. 0 ugh,l-, th t? • 1 ~ ru.o. th s n o • l Th t e • s g • Ye d? d 0 '? Yo buy n ho or ,.. :;;!0 • sit 1 r oJr, y, i yo this to u 1. at p m ne n r e tly. th.- t note ,. Ol'l' t i one, Q you ·ood f'r 0 ollat 1 1 hi ter· l. 0 .utu_ 0 on i n ·o I r k a • 0·11a oi ou.l n, en te. nd »Pl.3 bu,y l t f I h e, X' i I b-1 ha 0~ C buy to 1 t e te VG 1 ll ot r es �...... �.... 1--- 1 y t u;,J the 0 V ... ? 'll 0 t r ... yo .... id Th fici It n-t money tor h r, rity uh ·~o• I or the il'St t 11 h ve , t lli a. 1"al. for 950.0 '? r ex ctly . :io u d y. f.. er? the a lon 1 • · re ·1st o_ .,. e ~ bee, oto* this J.1 n th t .fl.lill ir 0 "> . C e. c_.. ot 0 up. i i ne s: i (.. • .10. t. e ome n 0 .. I th:re 1· 1 l ?le. e a up. n as + "' Ii rl. t .I. u 1 the he il .t yo ruo is a;f? h ve 0. t.t'U. .e> ,.I. trio ... t • 7 y n? • t e tr h ir. nact n Not t;,t all. o? I.., i ..., f ct th· t r • n -• an-, - r-1 ox1lai 8 t t th n a. 1 n ... te 1' ·n • n wit ·d yo q cut u 0 t l 1:r. Yi he d Q. t. yd l400t er o n 1 uin,-:;i}: Th ~ lou er. little Tak 1.1.!l t . •rilo hro1 it I ro -- 03 +. e e ut r . ..d _a I trio .t e 11 a OU ho da e of the ncte, on't Of yo :.ille e ulp t e hor a • \,' s n t t I aou1 ou01· 1 0 Q. o? e t? 0 ~h t u i ;I. e.' _Y: F·1lint; , ye h• y .ey we• Y: s 1. • l en fur var• the sh d you t then, th t you h"'· t f1 1 l i not ,,n. oul no ta. tement? t it a -~ • Yoa Ok �,. �S t ,,. Yi en·? nt lo H,d I sir; 0 1 e orro o1 t· •t er iho on.. that a s e mo,..t • 0 nrio." to r ptU"Oll ..,e thoy tQ b t • t. the ...e Q l C ho 1 not or .,er y u. y u did oom b in non U"S• --- C •• bit h .. ~ noto, of rr 70.8 0 in ·th r sho • rior 110 •, eu io 0 t. s t e t m s 0 0 g e V n t ? ·a w u.l con·o l i 1t 0 t • • !.6 i Ye is !/lo t ion bro _,:~ 6 rs h ... ot • n the 1e 't l -S of r 'l a 1, 125.00 ~ d. 0 o x~ ,I! no C . l ooul Cr .. 1-r • I c ..~ r ..... -e :r • 0 cnewhere, :ror th t o 1 in·"e t t lS t E> .. is ncy. note d it ... . 2-- .. y b ck or se X1,) -1r, I h ving ~ i ofr~ d o- 9 ory . ine. l 70 ovo in av a e in p t t ie tri s open and ou o X ide Jc,, o-oxa; · n&.t on of \Ii tnesa .fill ? k. ? 1 ny tb ~O ou -illed : l y ou· th • n 0 y u volu t-ar f valu 0 of ·o tato t broUght b, cl; hero oy or ouu omc b id yo d you. ie e le . • tn pr1 0 ~0 ain t you, di h·rb er pio 1r. ed est io.i: out 8. t ·e U 0 0 i, ier, L .. it. oo:r i f you (?) •a li es She to 11t s ohe ':!t. 1' rn.or g I ' tl.1 e_ 'Ii as on e.ant t c o by H d 1 • I di re. .. • f 1 • ��tl u.r t rs y \.\ X e ~ Ho m C i e a. 10 • at t +- in, be raf I on' r lO re rde'? -.f 0 . r ly • X ah 0\1 on't I n u 0) did th t 0 .. • r f t I t :t Q, 8 ~ ! 'ol ur· .f"'". t , 1 y 0 n Jv ·U ... 1 "'" l'O .co 5 ? . dn' . .. .. or 0 0 .I. ra l , r '? 0 t fill 1 r d ! 0 . • t .. - r ~ . t t i 0 0 fo • tc f 0 • t' H 0 h _s • H 0- h • o . dn t t t- I he? but ~ n' t t· -. .i.h not-. e th Ol": t he 0 to not yo ' 11 e. h n e 1 t r 0 1. i h 0 I i t nd Q II • ,U. 0 n th t ..., nt of • I ot1ld y r l hie 0 DO t 0 noc as b it f t to ...,1 oin y it u1 . 1. i. 0 e l rYOUr y u. , .... i i ~ i -- .,,,.. ........, ? n ��t t e i Q f r yo you tell Jro her , 11 i • ? idn•t : C.,Eoo r ha • yo r h, l'Oth :..• tr d t 1 t d l ore to haul? t ld tr o·,.• 1 I d n't tell _ocall b r. 1 r. o iet ke., too, oc f r y ·old h e i ' n• h, i ul L~ rot Ul" y ya .0 ha OU er :;aa. I 1ould OU 11 r •. • O. Stiokl 0 11 y t tru yo· fo b oth -? .. oin(;:1 ., a to buy the . or e • ,. r turno :"\ 0 g t th to r • .nto • oy - n if ... on d y , _o o ly 1 01 hid £ 0 c.,;, ' e •_;> it - h"... .,. Yoe hol t a ll y au . o 11 oul It " , to o i o. d1dn' t yo !" 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I n't hi f s h· 1.t t !OU. f . no y 'k- r u fo:r 0. r you i \U '(/.L lot ol 0 ~ no e? 0 "'o. ~ ai . be l.- av t ...e no • · tie dn' .I' t}ie r gr 0 0 C • ? f - ty I lo? 1 • it t .. r oflt f you? · 11, oul tho - VO 't ~ yi '"O h ni .,_ 1· G ~ C .L !O o, ? ... .nnsy XD I bu 1 e 1 .... , u.n 1 y s c:.1r. .u ◄ .._) ~a.m 10, is ·j_ ..... i I 0 .., l ·r t reo 11 n 0 utom B 0 . 0 . ,.,-'} , .. io 1Y ru:t n il 18th, ...... ny wO s -• yo tan a y D .n . l1 in of ...tc • • .,. 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C : en, 0 bl J-c. ~ .f. huJ: .,a• ..e si ned l :tn of t ey 't y r• r;aa :.r'"'. l,UC rooo le. sir, \ etj g s h e u o! hor 0 00 eiv d thi ..... o uO t yo a .. • 1> ...1) f "0 J. uel"~. a, ,{• ..:o:r . rs. -4~mtor " nar.1oti ... le, .:..0 0 ·,as ' t • i 0 d tl d, hon you f l o_ r ye4 it? stroya tnees 1 ies e I • 00 .c , a.: 0 8~ ylv-- ~1...., ~ OS il'. �t ' I· ~ �--27-- oei;i :f'o:t- lu.noh ·r ., x. 1y ... 1 r • nto n on, th d to , .:YO·er ... .th [ i h t th ..t a. ey 0 I tol ve. Q f ho ou.l I l , 12 I l i Yu i 0 jo t 0 33 by · .J..lro 11. it ~ ··1 o~ I .t. an: J wa 0 ,. .• • l of rom1 e h r h to 0- t I do ~ot e .f ut u.:- E) Ve! ere you ~ 1'!18 ay ton ft }kt ·h, t r ' io • ,0? s• l!l ng a 101'• "i 1·t ber t t h 0 on 1 t reruo b")r. ...h,!.t, I O' J;i I clon' er h st rem ma I.I nything d ' ..... ' t ) te i b 11 Ve? 'f 0 E..!.c.-0..... ut 0 H , ... h h t y 8 ' e. ' r aa C y t i buy l I n a 0 s io ·er l and to coll o ld C fill 0 C s t t :I!ha. • y t 8 y u 0 , .. !n t is " 00 -- o ... 11·· nd, s h t thinl n i ... s ...e t. OU h ic r t t s "'01 l... ... to • t is s there. 'J... t e mon Y, h I the e 0- , ' t,. a. . to he 10 tim He C I!l. -- , d do u •..d .;:,. iu h 0 't ����••••••••••• •• •• •• •••• • •• • ••• • •• •• •• • • •• •• •• • • • • • •• •• •• •• • •• •• • • •• • • •• • • •• Index to testimony taken in the Ciroui t Court of Roclcingham County,Virginia, in the case of Commonwealth vs. Testimony !:ll' s. July 13,1931, T.S.Yager. of Lucy .c..Hen t o.r1, •••••••••••••••••••••••••••••• :Mr. ~'lilliam r.Frank H. Byrd, c. oover, •••••e•••••••••••••••••••••••• Pages 1--3; II 3--7; IT 7-11; •••• • •• •• • ••• • •••• ••••• • • ••• •••••• • ••• Mr.J.o.stickley, •• •••• ••• • •• • • • • • • • ••• ••••••••• ••• Mr. E.R.Linooln, • •• • • • • •• • • • • • • • • • • • • • • • • • • • • • • • • • Tl 12-13; •••••••••••••••••••••••••••••••••• fl 13-14; ,:r. C.K.Switzer, 11-12; 1!.:r. 3.H.Arey, ••• • • •• •• •• •• •• •• •••• •••• • • • •• •• •• 14-15; Mr. R.~.Tutwiler, •••••••••••••••••••••••••••••••••• 15-16; Yrs ·11ru:. Mr.Charles ewe ' •••••••••••••••••••••••••••••••••• a.Fawley,••••••••••••••••••••••·••••••••••• • •• • •• • • • • • • • ••• • • •••• • • • • • • •• • • •• rrs. Eenton re-called, • • • ••••••• • ••• • • • • • • • • • • •. • •• • • • ••••••••• ••• • • • • •• • ••• II _6-1'1; " 17-18; If 18-26; ge •••••••••••••••••••••• •••••••••••••••••••••••• 27. 27; �( �T. • Ya e • ds. i Tne f o l o~ • i... all t t. ·.... ..e .e · fe e vi L . ..., evi de 1t, e. " e o~ b ectft.l.LY, i t ai he ein f oc..uc d on the tif _ leno t ·..,1 of �/ ., �Transcript of testimo taken in above styled in the Circuit County, Virginia, case on Monday, July 13,1931. Present, resenting the Commonwealth, representing the defendant, testimony of :nl:ttltg asked the to require elect which of there were two torney itnesses stated was taken, Mr.Hammer ommonwealth• s Attorney e cha:rges the defendant to upon, as The Commonwealth's Atbe tried tha and indictments, pleased. if Court, el, on both counts This being allowed excepted to the action by the of the Cou.:ct. lb:'s.Lucy E.Henton, Mr.Earman, being first Commonwealth's Attorney, Q, You are Mrs.Lucy Q How old are you? Q three A You live miles north Yes sir, right examined by testified. E.Henton? Between seventy-five duly sworn, Yes sir. and eighty. beyond Keezletown, I don't know exactly. I believe, about two or of Keezletown? about two miles, or a mile and a half from Keezle- town. Q You are a widow lady? Q .And A you own a farm in that --1-- Yes sir. community? Yes sir. �.) �--2-I believe Q. trying to, you are running for the last this farm yourself, or have been few years? A Yea sir, for the last Q. Do A I know him from what I saw of him at my daughter's. Q. Your daughter Q, And Q, Did you sign a note and turn you know this thought man Yager? lived in Harrisonburg? Yea sir. it Yes sir. over to him? he heard me speak about wanting said something had another or four years. boarded at your daughter's? he Yes sir; frequently three about getting the horses man loo}p.ng at some horses, himself. the kitchen one morning, that he had got from Pennsylvania, nine hundred dollars the 6th of April. in his bank in Pennsylvania He offered daughter in the first ceived. He came down then one morning in a big flurry. on, said to show me the telegram I should sign get the money for me in a few days; night; by ~laoe to loan me told sylvania a telegram and he said he would have $125.00; hat and overcoat the next morning at five the note, that he had reHad his and he would that he was going to Penn- o'clock; would be back that that he would have the money for me; we should leave the house open for him. you know on what bank it was drawn? Q. Do A On his Q And he was to fill A For $125.00. that at that Pennsylvania time; Bank. it out for how much? I didn't in fact, feel I thought able to borrow any more than I would not need any more than that. Q Did you think he ever bring He And I asked him then if he would loan me $125.00, and he said he would. my and I Mr.Yager came and showed my daughter deposited I than Mr.Yager did. for me, and I hdd to have $125.00. into He and he was a farmer, he would know more about the horses got the horses some horses. you could get the horses you the $125.00 back? A No sir. for that? Did ��Did he ever return Q the note? His wife A 'phoned down that Mr.Hammer: Did he stay here, A Went away. us a special letter. Who sent you a sl)ecial A Mr.Yager, Then he sent delivery? I think. Mr.Hammer: I object. The Court: Written Witness: Written by Mrs.Yager? by Mrs.Yager, and had her name to it. You never say him after lll'.Earman: Witness that? That is all; No sir. A you can take the witness. dismissed. Mr.William being first that. I reckon I can sepak of that. Q Q Mr. Yager -- or go away? Never saw him any more after delivery signed if we would release I object. Q H.Byrd, another witness on the same behalf, duly sworn, examined by Mr.Earman, Q You are Mr.wm.H.Byrd, Cashier in this city? Q Do you know the accused here, testified. of The First National Bank Yes sir. I met him on one occasion, it No sir. What became of it? Q Q A. Did he offer 1r.T.S.Yager? yes sir. a note at your bank for the purpose of having discounted? A He offered a note as collateral Q Just to the jury the circumstances his offering state that The Court: for a loan. in connection note. It is assumed that Yager. --3--- it was signed by T.s. with �.. �--4--Witness: Yes sir. Q Whose note was it? A The note is signed Q Do you recall I don't within when that recall 48 hours by Lucy E.Henton, was? definitely, but I do recall Objection A it was this note? by Mr.Hammer; overruled. I questioned andl1 3 told me that 1 that from the time the note was dated. Did he say how he obtained Q for ~950.00. Mr.Yager as to how he had secured he had loaned Mrs. Henton that the note, amount of money. I asked why he should have made her such a loan within that he needed the money himself. was expecting apparently adjusted been delayed. was not for the benefit over the $950.00 to take care of. that He answered by saying a check from the Veterans' of the amount of his His application of Mrs. Henton, to it, sylvania, certificate he stating to meet obligations the item several which had dollars that he had turned that she wanted Re wanted to borrow the money to take up a draft to an automobile and had been held for some days. through per cent. for the two hundred was held by our bank, with the title tached that he Bureau for fifty compensation to Mrs.Henton the time whom the draft times, wanting was forwarded at- The bank in Pennto us, had traced to know why it was not taken up. And that is what he asked the two hundred Q Did you have this dollars note in your actual for. possession, Mr. Byrd? A two-thirty Yes sir, Jvr..r.Yager left and three o'clock it with me, I should one afternoon, morning to get the answer as to whether judge, between and came back the next he oould get the money. Q Any doubt in your mind as to the amount of the note? A I didn't Q It was for $950.00? Q Did he say anything question the amount at all. A It was for 9950.00. about wanting --4-- the money for the horses �• �for Mrs.Henton? A Didn't refer to it at all. He wanted the money to take up this draft. Q Do you remember what bank it was drawn on? A It was on a Pennsylvania form note, but I don't remember what bank. Cross-examination by 1ir.Walker. XQ What was the date of the note? A I don't remember the exact date; of the time it was presented to me. thinking that that it was strange amount and within that short What month was it in? A My recollection, sir, or 31st of March, and that that, is that A Made payable XQ That is the defendant after the note for collateral. the note was dated the 30th a day or two after here? Yes air. A Do you remember how long after Witness: No sir, date it was I do not. And it was approximately 48 hours the date? Within forty-eight time is that positive first of to T.S.Yager. Mr.Walker continuing; A XQ because about that. Who was it made :payable to? XQ offer it was presented XQ due? 48 hours he should make a loan for that but I oould not be positive 1r.Hammer: I remember that, a period XQ but it was within hours. it was within lfy impression twenty-four hours, at the present but I could not be about that. rs it your impression that it was handed to you on the day of April? A Ei~her the 31st of XQ You wont undertake A I don't arch or the first of pril. to say? know which day it was. of those two months I could tell you. I believe (After with the calendar looking at a calendar): ��---6--. No, I can't tell from that. I don't XQ You say you submitted A To a discount is Friday committee. afternoon, You have a discount Other dates, XQ Mr.Walker continuing: 1st of pril A No sir; XQ When he explained note, Their regular time of meeting committee You just can't at it was the or the 31st of March? wouldn't attempt to say. to you how he came into you did question his explanation? A He stuck He hadan answer right to it. he was expecting the loans were this money from the Veterans' at fifty ------ and were being paid on that had come through at that you didn't on the bat, that Bureau. At that of their face value, per cent. although of time, very few of the checks time. say anything A No sir, did you? basis, possession Yes sir. to change his explanation? XQ acts say whether Did he undertake time, that ~es sir. XQ XQ times. dates? ritness: this note to the Board of Directors? but they often meet at other Mr.Hammer: other this know, sir. to :Mrs.Henton about this at the I did not. Do you remember how long this note was made payable after I do not. date'? XQ Do you remember whether A No sir, XQ Did he hand you any other I don't it was a demand note? remember that. papers at the same time he handed you the note? A. XQ Didn't hand you a letter XQ He didn't A He offered accept, he would come in the next day and sign the collateral. XQ Do you know whether he had endorsed in person, No sir. even i~sign this the note that from !Cr.Hammer? A No sir. the collateral as collateral, he offered --6-- form note? and, if agreeable the collateral in collateral? to us to note, A I don't know. ��on't 1 ·, I n: 1 n i·e to? 1 : Y.s ei. ,itn ss is tea d. ov r, alf, toot 1..a ..,Ai int.:.o cod n dul 1 d. Q, h .tis yo • bua1noss? il m or tr you ~o stat r o_f h you roo 11 th fir a t o· d J t t1• c:~, ' .. t i H s 1 o liv 0 He ' o or tr o ~, Yos sir. as? .e n t it for 1 do y Or t lted for -0 th s .lot o foro t de? fo ... g ttl ment for ruck. w1 te ""-o he ., T o e to h~a t_ t h :r e cc note? ce to thi ,1 h r fere say . 0 e in Ol' it o _loye u, in exoh a• s an J:'lO 0-' y ._ sir. r? ril, 0 id h t ~ d toy bo· t \hen th t H ·.v tod to tr ·unn •• Yl • a,r ., ., .e:nt n' a :tor ,950. 00. 10 ffi aocus h ~hethc~ a -Oto o! r.y ck ~ale• r t is C -, e h I bel.:. o~? -1 -:hi .h :ne • t., oll:ll 11 e • 0 ty. o had fo orly out wanti to g t sorn ho• cs _o :roth r. 16 uile roe. b,1/' y from y of en er• 0 0 , 1-l A onton? ie i e Co ty. tl _nL, by on Io 1 far 0 h _7.,._ •-ison Ul'g? 11 y Pik • ltrs. ��--8-Cross-examination XQ You knew that XQ What price A Higher prices erably XQ this truck man sold trucks, was he selling than ours; You weren't priced surprised brother XQ himself? at that A Yes sir. time? some of the models were consid- then, model for his Very much surprised. A by Mr.Walker. higher. buy a higher his of witness one of his were you, that he wanted to brother? I asked him why he didn't furnish own trucks. What did your trucks sell for? Somewhere around nine hundred dollars. Mr.Hammer: Objection XQ Good demand for a\high-priced by M.r.Earman. :Mr.Walker continuing: he should truck? Did you think be in the market for a higher it was strange priced truck that for his brother? A I knew that or four thousand XQ Didn't the lowest No sir, XQ Well, you know, as a matter truck if that those of fact, that than three $3,400.00 is people make? is true, then you are were ill-founded? A Have you ever looked these Commercial Law Journal, A trucks I did not. your suspicions XQ priced dollars. priced A he had some lo~er sadly mistaken~ Then Yes sir. prices on this truck up,in the etc.? I tki:mk have at times, yes sir. I looked then over in our July issue. XQ Have you ever seen them quoted at lower prices A I couldn't XQ In other say. words, you don't sure he had a car cheaper couldn't say that than $3,400.00? positively. know? A No sir. than ~3,400.00, and I think ·e look more closely --8-- I was pretty so now. I to those we are �• �--9--in serious competition with. XQ He wanted to buy a truck for his brother? XQ And he ascertained take this me later. of it, and asked you if you would Yes sir. A Did you notify XQ. called note? the price Yes sir. A Mrs.Henton? She called up, - Mrs.Henton's A No sir. :Mrs.Henton 1 s daughter me some time about the time this daughter. I have never met the lady. owne Have never met any of them. XQ There was nothing with them? Q that arose that caused you to get in touch A No sir. 11 right, A I didn't XQ Why didn't why didn't you take this note then? want it. you want it? That is what I am trying to find out? A I didn't think it was a good note. I looked on it with some·suspioion. XQ If the note had bean in part of full payment, you would have taken it. A That depends on the note. I can about those XQ payment of the truck, wouldn't I try to be just instead you? as careful as things. If it had been offered in part payment, you would have taken it? A Not this XQ Vlhy then, take notes. note, did you state I didn't it had been in part A probably XQ known all no sir. in your preliminary hearing? want to take a note for the full payment, I suppose If I had known the parties "I do amount. If I would have taken it." and all the circumstances, I would have. Did you make this statement? the circumstances, XQ You didn't make that A I probably did not. I probably statement --9-- A I probably did. If I had lD:DI would have been willing. before, did you? ��--10-- Mr.Earman: What price Witness: Do you recall Witness: Saturday an engagement Mr.Earman: by did he want to get? In the neighborhood Mr.Earman: Objection truck afternoon. He called Objection from 1u-.Hammer? overruled; exception. I want to know from this from Mr.Hammer was showed him then, and what liens A up and made with me. Mr. Walker, Witness: dollars. what time of day he was there? Did he have a letter Mr.Earman: property of nine hundred stating witness whether the value a letter of the Henton were on it. Yes. further cross-examination of witness was conducted by r.Hammer. XQ Is the copy I am handing you a copy of the letter that he showed you? A To the best XQ Just A ( Reading of my knowledge, read that, please that is a copy. sir. ): "March 25, 1931. Mr• T. s. Yager, Harrisonburg,Virginia, My dear Sir: An examination of the record E. owned by Lucy~ Henton shows that estate mortgaged for Twenty seven hundred Farm Loan Bank. This mortgage in 1922 and she has therefore interest, totaling principal and the interest dollars was placed paid about $1404.00, touching the real the property to The Federal upon the property eiBht years which is apportioned in accordance is with in to the the Federal Farm Loan Act. There is also lien thereon, placed a deed of trust upon the property a second to Ward swank, Trustee, securing �'-1 �--11-- unto Mr. Bradley a note of $875.00. The farm is located and contains 264 acres. to the northeast This was purchased by Mr.Bradley for Mrs.Henton at a price and above the lien upon the property and ltt's.Hinton in favor transferred on the farm to the Federal assuming this by Mrs.Henton or of $1750.00 at the time the sale was made, the purchaser ment of the lien of Keezeltown over of the Farm Loan assuming the payFarm Loan Bank payment when the property was to her. Very truly you:rs; CHAS. • HAMME:in Witness dismissed. Ur.J.O.Stickley, another witness behalf, being first Q You are Mr.J.O.Stickley? Q :Mr.Stic1dey, A The farming Q Farming implements Q You do business Q Do you know Yager, A I met him at the time that I knew of him prior to our place introduced on the same duly sworn, examined by Mr. Earman, testified. A Yes sir. what is your business? implement business and trucks? Yes sir. here in the City of Harrisonburg? A Yes sir. the accused? to that, of business and trucks. you will but I didn't about that probably refer meet him until to later. he come date. Q You know Mrs.Lucy E.Henton, Q Did he want to ex~change you her note for $950.00 for a truok? do you not? A Yes. Yes sir. Yes sir. Q Did you see the note? Q Dmdyou have it in your possession? Q AJJ:Y'doubt in your mind about the amount of the note? A No sir. --11-- A Yes sir. ��--12-Did you make a copy of it? Q I started the note, I told he did, to make a copy of it. And I didn't finish as to the security, And he said, the oopy then, "Just take the so, in taking the note, him I would talce the note if he would go w1 th me-, which and an hour or two later the security What kind of truck A He wanted a light Q Did he say what for? I think he said truok. that he didn't As a matter strenzth later his that brother at least or some of his family he had a customer of witness of fact, was conducted when you got the note, on from Mr. swank, your attorney, of his report, for a truck have. Cross-examination the report on the note as to did he want? had some lumber to market, in a class I had a report value of it. Q XQ When Mr.Yager presented told him I would make some inquiry I and started note." to make a copy of it. you declined by Mr.Hammer. you received and, on the to make the deal? Yes sir. XQ You said you started when he said, "Take the note. to Mr.Swank's together? A yes sir, he said, to make the memorandum of the note n Then did both you and he go down "Take the note,n so I didn't complete the copy. XQ Did you leave the note with Mr.Swank,-- went away, and Mr.swank later Witness beine first --Direct A Yes sir. dismissed. Mr.E.R.Lincoln, behalf; made the report? arryway, you all another witness introduced on the same duly sworn, testified. examination was conducted -~12--- by Mr.Earman.-- ��--13-- Q You are Mr.E.R.Lincoln? Q until A Yes sir. qt1i te recently, anaugh Garage in this you were identified city? A Q, Do you know the aooused? Q state whether for a Plymouth automobile? the Plymouth, and wanted to buy an automobile. and he wanted to know how cheap I would him one, and in turn he offered note of $950.00. Did you make the exchange? Q What was the selling you remember? me in payment for the car a He said it was Mrs.Lucy E.Henton•s. Q Q Just met the gentleman. A He came down to the garage He liked sell Yes sir. or not he wanted to exchange a note to you of Mrs.Lucy E.Henton's A No sir. price of that car at that He wanted cash for A $710.00. Did he say what he wanted with the car? Q with the Kav- You didn't get that far? A time, do the difference. That wasn't discussed. No sir. A Mr.Hammer: If he had gotten the cash, he would have gotten about the price of two horses, wouldn't he? Witness dismissed. Mr.C.R.SWitzer; half; being first -- Direct Q another introduced examination was conducted You a:re Mr.C.K.Switzer, Did the accused, and are A. Yes T.S.Yager, in exchange for an automobile? by Mr. Earman.-- doing business, I believe, sir. offer you a note of Wirs.Hentonrs A Yes sir. Q Were you and Mr.Lincoln A. I waa :present I think I both present? Q He came to see you in the afternoon, one time, and :Mr.Lincoln at the other saw him in the afternoon, to see Mr.Lincoln? on the same be- duly sworn, testified. at t:he Kavanaugh Garage? Q witness and Mr.Lincoln and time. in the morning. the next day went Yes sir. Q What did you tell A Identically him? the same thing that --13-- Mr. Lincoln did. I think it �.... �--14-- was a matter of co-incidence and Mr.Lincoln Witness that he happened to see me one time the other. dismissed. Mr.B.H • .Arey, another half, being first duly sworn, --Direct Q witness examination introduced testified. was conducted You are Mr.B.H.Arey, by Mr. Earman.-- and you work for the Ford automobile people here in the City of Harrisonburg? Q In what capacity? A Acting Q Do you know the accused, as Secretary Yes sir. and Treasurer. T•S.Yager? I met him on one occasion, yes sir. Q Dii he, or not, mobile, a note of tirs.Lucy Q Do you remember the amount of the note? want to exchange with you, for an autoE.Henton? A Yes sir. Something o var nine hundred dollars. the exact Q What kind of automobile remember did he want? for at that coupe. Q What did they sell ~ Did he say what he wanted with the A He said he was traveling across time? A $582.00. nu car? mountain roads, and the he had was too heavy for him. Q He had mou.ntain roads to travel? A That is what he said, yes sir. Q You recall Q Did you see the note? Q Do you recall A I don't when this note was payable? when that know the date. Cross-examination XQ I don't amount. Re wanted to buy a Ford standard car that on the same be- A No sir, A I saw the note, I do not. yes sir. was, M:r.~ey? It was some time in early of witness was conducted by spring. Mr.Walker. What kind of car did he have, when he oame out there? --14-- �- ' �--15-- A He told me he had a Buick. XQ You didn't XQ You don't XQ That is the only time you ever saw him? Did you read the see it? No sir. know whether he had any, at all, or not? No sir. A note? A NO sir, he held it open in his hand, and I took the name down. XQ What was the amount? A Something over nine hundred dollars. XQ You read the note, A I suppose I did. XQ What was the date of it? XQ Was it after A XQ payable A I don't remember. on demand, or was it payable thirty days date? I don't remember that. What bank was it On a P,ennsylvania XQ then? In other words, drawn on? bank, but I don't it didn't remember that. raake much impression on you, one way or the other? A The way that he wanted the transaction, XQ Did he offer A No sir, to trade his other it car in? he said he wanted to buy a car straight asked me how much I would take off for a straight XQ did not. out. He sale. Did he ask you if you would give him the balance in cash? Yes sir. XQ He seemed to think XQ He wasn't Witness tryine the note was perfectly to sell it at a discount? beine first --Direct Q A Yes sir. A No sir. dismissed. Ml'• R.E.Tutwiler, behalf, good? another witness duly sworn, testified. examination was conducted You are Tuir.Rylin (?) E.Tutwiler? --15-- introduced on the same by Mr.Earman.-And you are connected with �.. .. �--16-- the Tutwiler Motor Company in the City of Harrisonburg? Yes sir. Did he offer Q you a note of Lucy E. Henton's in payment of an automobile? something Yes sir. A He offered I don't over nine hundred dollars, for $950.00, me a note, remember the amount. Q What kind of automobile? Q How much did it Q. What did he say he wanted ·,,i th the automobile? sell A for, Essex sedan. at that A time? $865.oo. Wanted it for his wife. Witness dismissed. Mrs.Wilma Dewey, another behalf, being first --~1reot witness introduced on the same duly sworn, testified. examination by Mr.Earman.-- ou are Mrs.Willna Dewey, a da1J€hter of Mrs.Lucy E.Henton? Q A Ye• Q. Did you witness Yes sir, Do Q your mother's after signature she had signed to this note? it. you know for what amount the note was to be filled out? $125.00. Q Do you recall A No sir, we were fixing the date of the note? I do not, somewhere the last When did you move? A We moved the first nessed the room,with of pril. the note,to I was packing your mother's A and he brought sign it·; and I said, mother's signature, at the time that you wit- signature? He came out in the kitchen signed it; up when he me. Were you and your mother present Q before to move. Q came into of March, just it to other, with it; and she in to me, and told me he wanted me to "What for?" of course," and he said, and told _ .. 16-- "To witness your me I was the dumbest thing. �• �After Q he had gotten this note, did you say anything about it later? A Yes, on several heard anything there occasions. about it, I asked him one time if he had and he said the people at the bank up wanted a financial statement, and I asked him a number of times if he had heard from them. Do you know anything ~ this note? about why your mother wanted to sign Were you present when the matter was di~cussed by your mother? She was talking A at the breakfast table she wanted some money to buy these horses, loan her the money; he said, be here for a while. Witness I am staying let you have it. to I will here with your daughter." dismissed. Commonwealth rests, Your Honor, please. }ill'.Earman: Your Honor, please, I would like to ask Mr. one question. Mr.Charles R. Fawley, another being first --Direct witness introduced on the same duly sworn, testified. by Mr. Earman.-- examination Q You are Mr.Charles A Yes sir. Q A oapias R. Fawley, Sheriff for the arrest of Rockingham County? of the accused was placed in your Yes sir. hands; was it not? Q Where was he apprehended? A He was apprehended ltoona, just said and Mr.Yager offered Mr.Earman: Fawley just behalf, "I will one morning; in Pennsylvania. I have some telegrams. Pennsylvania. Q And he was brought A He was, by Mr.Cooper, Mr.Hammer: Witness: back to this State a deputy sheriff. He came back voluntarily, He agreed by extradition? did he not? to come back; but I sent Mr.Cooper up --17-- �• �after him. Witness dismissed. T. s. Yager, 1/r. being first the defendant, duly sworn, --Direct examination your name to the stenographer. Q You are the defendant Q How old are you? Q. Where were you raised? Q Where do you live Q \Vhen did you go to A I don't on and possibly In Altoona, Your wife lived reason you were up there ltoona, Possibly County, Virginia. Pennsylvania. Pennsylvania? two months ago, a little I have some papers that over. I oould cheok date. you were there when this warrant was served Pennsylvania. in Altoona, at ·that Pennsylvania; time? Q, Then you are a married Q You say you are thirt~-five Q You are a war veteran? Q What service Mr.~arman: Yes sir. A In Altoona, give you the exact words, case? A In Culpeper now? I think In other Q in this T.S.Yager. Thirty-five. remember. I am not Pll9itive. own behalf, by Mr.Walker.-- State on you? in his testified. Q Q introduced man? and that is the A Yes sir. A Yes sir. years old? A Yes sir. A Yes sir. did you see? I object to it as being immaterial. Objection sustained. Mr.Walker: witnesses that he was a veteran go ahead and tell A 314th Field twelve months' Q icate? It has been testified the jury and had this by the Commonv,ealth's bonus coming to him. briefly. Artillery, foreign here Battery D, 80th (?) Division, service. .And at the time referred Yes sir. --18-- to you did have this bonus certif- Just ��---19-- Q And since that time you have received A Yes sir. Q When did you come to Harrisonbw.•g payment of it? prior to this matter about which you are being tried? A. The first of December, 1930. Q Where did you live A. With Miss Tracy Renton on South Mason Street. Q Who Q A daughter Q Did they move prior is Miss while you were in Harrisonburg? Tracy Henton'? Henton's Mrs. of Mrs.Lucy Henton? daughter. A Yes sir. to the signing of this note, or sub- sequent? They moved before the note was signed. Mrs.Dewey testified Q just before a while Is that they moved. Where was it signed? Q ago that correct Mxs:z this note was signed A Incorrect. or incorrect? Where is the location of the house in which it was signed? A In the suburbs of this cit~, south. Q Do you know when they moved out to this house where this note was signed? Somewhere in the latter A part March, as near as I can remember. of March, about the 30th of It was before pril. It was in March. d Q you had been living become acquainted of last with Mrs.Henton this period and had from December right. Q I wish you would explain details of this note signed transaction to the jury in your own words the up to the time that you received the in blank. Well, has during daughter; year up to March? That's that with Mrs.Henton's I wanted to help her out, been mentioned Tried the local bank so many times. here, to get this I offered as Mr.Bfµ'd testified --19-- team of horses to do that to. for her. ��--20-- I asked you for the transaction Q. don't I know that quite I understand you. Q Explain A To secure money for her to buy a team of horses. Q Any discussion A rt had been discussed before to the jury prioz• to that. why she gave you this before that? several oh, I would say a week times, the note was signed. Q Had you offered A I was going to use the note as collateral. Q Mrs.Henton, to loan her this as I understand money? you, understood you were going to use her note as collateral rs on her note. After Q that correct? she had signed A That's right. this note and delivered And how much money did you try to borrow? A If $175.00 or ~200.00, using note as collateral. to Mr. Byrd? That was your proposition Q fuat was this Q two hundred dollars A To buy a team of horses. Q. For whom? Q. You didn't Q What did you do next? to buy a light this duty truck. A thought I could do that, the best thing and sell this accept truck, the note. I thought and apply the balance have the two hundred dollars, or whatever on it was, with. That was your intention, take up the note, to do was That is the only means I had of raising The bank wouldn't to buy the team of horses truck, to be used for? No sir. get ttle money? the note and still Q Yes sir. Mrs. Henton. money for her. possibly A ~oo.oo; I remember correctly, it to you, you Yes sir. Q ~ from you that and borrow the money did go to the bank with it here in Harrisonburg? that note signed? then, to buy the truc1c, se11 the and have enough left Yes sir. --20-- to buy the team of horses? ��--21--- Did you have a prospect Q Who was it? Q y brother, Q Failing Q What was your idea A The same thing. sufficient to buy the truck? to do that, what did you do? I thought I could amount was needed This note was filled Q What was ~he date A No, I don't out for the oar and still filling $950.00? of the note, have out this note? remember exactly. A Yes sir. do you remember? Along about the last of March ;pril. of was a demand note? And it Q What became of this A I threw it in the furnace after The Co\U't: louder. Yes sir. note? I got back to Altoona, burned u:p. Witness: burned Talk a little I destroyed (Mr.Walker gotiate the note Q These witnesses Q You place? A mDlll transaction continuing): It is in some way? in the furnace it true That's have told are not denying a fact that that and tone- right. the truth, the fact you tried then? that Yes sir. these transactions :Mrs.Dewey, at a date subsequent up at the bank, furnished A Yes sir. Q Then you had explained the note? I threw took Not at all. Is it Q it. it up. Q Q sell to use -s collateral. Q. it to buy a car. for the horses. Q or the first A I tried of Culpeper. in that? money for her, Whatever Yager, ------- What autho:ri ty did you have about Q A Yes sir. you with the financial to them that to the statement? the bank would not t aka A Yes sir. And they then furnished you the financial statement? Yes sir. Q They were aware, A Yes sir. then, that --21--- you did not get it at the bank? �.., " • �--22-- She·was correct Q. statement? A Yes sir; Government loan, she erred this note, note? Q, purchased the horses She showed the :prior to the execution or were they to be purchased I don't Q. in the statement. but she did not show the aecond mortgage. Had Mrs.Henton Q. of in saying you did come back to get the know whether Do you know that she has, she had not, in the future? or whether prior she has not. to the time she gave the No. Was the conversation brought up any more with reference to who would :pick out the horses? Yes sir; she said (?) she would let Ur. Palmer :pick out the horses. I think he is a cattle Q. Who is he? Q. Does he live /"\ She didn't Q Then the sum of $125.00 as the price correct, isn't is it? there? on her farm? charge against A I volunteered Q Who paid the expenses? Q Did you :permit the by arrest or otherwise you, did you volunteer is not there somewhere, in Pennsylvania to come back? to come back. I did. State you brought baclc here for this to be :put to any expense in having trial? Did you at any time intend No sir, of the horses Yes sir. of this money or anything A No sir. There ltatxxbe:e:mis bound to be an error fuen you were notified A A No sir. want you to :pick out the horses? Q, Q dealer. of value from this No sir, I paid everything. to cheat or defraud Cross-examination of witness XQ, You filled out the note for XQ Who filled it out? There wasn't I did. 950.00? I did the any secret. was conducted A Mr.Hirsch. --22-- any woman? I was open and above in everything best I could to sectll'e this money. or steal by Mr. Earman. Had it filled out. ��--23-- XQ What Hirsoh? XQ You had Arthu.r Hirsch A. Yes sir. XQ At that two hundred thur Hirsch. fill out the note time you had a draft dollars? down at for $950.00? the bank on you for No sir. A How much was it? XQ I didn't have a draft at all XQ When did the draft A .Afterwards. XQ How much was the draft? XQ About how much? I don't before time. or afterwards? I don't remember exactly. remember the amount of the draft. amount of the draft, am not :positive. XQ come in, at that as near as I can tell Between two and three Did you try to sell this note I think you, was ~~285.00, hundred the I dollars. to Mr.Hirsch? Told h.tm what I wanted to use it XQ He sold horses, didn't he? A He sold horses, but he wouldn't XQ It wouldn't A I was going to use it as collateral. XQ How did you reach A I thought for, to buy a team of horses. around give XQ take that my O\m much to buy the horses, the amount of $950.00 I was doing one thousand dollars personal take the note. right to fill to use it it would it? as being necessary? out for something as collateral. I intended note. Then why did you want to use the note in payment of an automobile? A I thought sell an automobile. XQ You told I was doing the right this man you were going Don't you remem er that automobile for yourwife,-- thing. to get it you told Mr.Tutwiler an Essex? --23--- I knew I could that for your wife? you wanted an to �11 --. �... --24-- I think Mr.Tutwiler is mistaken XQ, He is mistaken? Yes sir. XQ, Didn't you tell for your brother, that if he testified Mr. Frank C.Hoover that your brother that way. you wanted a truok had some lumber that he wanted to haul? A I told him a truck. I don't recall telling anything about lumber. XQ, Mr.Hoover is mistaken, told him about a truck A Yes sir, XQ Didn't too, is he, for your brother if he says that you to haul lumber? I would say he was. you tell Mr.J.O.Stickley that you wanted a truck for your brother? I was going to sell to buy the horses. the truck XQ, Did you stay A Ten or fifteen thirty there after the money was going to be days, that? possibly longer, it may have been days. XQ, You had a Buick automobile, XQ, If you were so anxious you didn't and sell A sell didn't you? A Yes sir. to help 1frs.Henton, your automobile instead of trying why was it that to get a truclc that? It would be very difficult I didn't think I would sell quite a large train or bus very well. territory You also told your territory to use for yourself? XQ 11r. over to Mrs.Henton. turned that She was going I was going to turn the money over to her. Palmer was going to get the horses, XQ to my brother. He is Cashier Company in this city. for me to walk in my territory. my automobile to cover, ir.Arey to my brother. and I couldn't that was mountainous, make connections your automobile and that I have by was too heavpy, you wanted a Ford car No sir. and Secretary, Didn't I believe, you tell --24-- him that of t~e Ford Motor your automobile was �... �,---- --25-- you wanted a lighter too heavy and that No si~. XQ I never use a light Why did you destroy Worthless, r Henton that XQ her; wasn't couldn't It wouldn't this oar. note? I didn't of arry value. negotiate I didn't negotiate to tell Mrs. any money for her. have been embarrassing want to embarrass to her to mail it her by telling back to her that I couldn't it. Don't you think she has been a whole lot more disturbed she would have been if you had returned No sir, XQ like would it? A XQ car for use in your territory? I don't think the note? so. You went so far as to have the title a.mined before than you ever had the note, XQ Who paid for the examination X How much was it? XQ And to her property didnft you? of that ex- No sir. I did. title? A $2.50. you paid that for the benefit of Mr~.Henton, too, did you? A Well, the bank wouldn't accept the note, and I wanted to see what was wrongo XQ Why did you go to Pennsylvania? A My business XQ What business? required I am in the truck XQ tion business, salesman. Are you working in Pennsylvania? Pennsylvania, XQ me in Pennsylvania. Yes sir• Ardmore, Pennsylvania. Who is F.S.Thomas? by that ~ I don't Main office man recall arry ?U:m• nor organiza- name. No sir. XQ ¥ere you in an automobile XQ Did you wire Miss Tracy Henton that in an automobile wreclc? On pril wreck? 18th, you were seriously you didn't hurt send her that in �,, 0 �--26-- message? XQ A No sir. were you in York, Pennsylvania, on the 18th of April? I passed through York when I left stop in York. Pennsylvania, didn't Passed through York in the forenoon. :Mr.Rammer: What date? Witness: I think not positive. it was before York, Pennsylvania, aooident. at eight Hurt very bad. Didn't and sign No sir. XQ If suoh a message was received No sir, XQ that nothing What was the price time? by her, the name F. then, in s. Thomas? you knew nothing whatever. of two horses, How much was Mrs.Henton Wasn't any amount set. setj 18,1931,rrl[r.Yager 1'.llJJiJl'xnam:B A about it? I am you wire Miss Henton from a.m. on ipril n, however. if I remember correctly. The 17th, (Mr.Earman continuing): XQ the 18th, two faming horses, about to pay for these horses? There wasn't any definite amount the note was signed in blank. XQ Who was present XQ In whose furnace? XQ When was it I don't remember the date. XQ when you destroyed this note? J.trs. n.S.Klose. destroyed? bout April 20? A When I arrived Possibly the 20th, in Pennsylvania, around the 20th. In whose furnace? A Mrs. R.S.Klose, 2013 ~eventh venue, ltoona, Pennsylvania. XQ Was Klose present? XQ You and your wife went down in the basement and put this No sir. note in the furnace? XQ And you received putting it up as collateral buy a team of horses, you destroyed A this note, security, you say, for the :purpose of in order for Hrs.Henton and,when you found the note wasn't negotiable, it? Destroyed Witness it when I come back to Pennsylvania, discissed. to yes sir. �.. �--27-- Recess for lu.nch. Mrs.Henton recalled to the stand, -- re-direct examination by :Mr.Earman. Mrs .Henton, Q, his understanding any amount that the accused, -Yager, .in this with you was that he was to fill was necessary to use as collateral the money over to you so that A That was an entire kind. I told less Q out this note for and to turn I never said anything mistake. the horses if says that you could buy horses? him I wanted ~125.00; I thought me have. case, that of the was what he promised to let cost a little more or a little I could make arrangements. You did buy two horses, Objection I believe? by ?fr. Walker. Yes sir. Q this He said that he was here for about a week or ten days after note was signed by you and turned about your daughter's After ro sir, least, after just home while you were there I signed M.r. Earman: remember. period. Yea. I don't I don't du.ring that he was the note? remember that he never said anything that, over to you, and that after to me about the note~if remember. I don't he was there, I was sick at the time, think he was there. that~ at he was there and I don't He came and said he was going to get me the money, he was going to Pennsylvania. ~itness dismissed. Mr. Earman: That is all the evidence. //K,,,/'71 H~ o:w-ri~>Y--f --27--- ���r � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1931 Title A name given to the resource Commonwealth v. T.S. Yeager Subject The topic of the resource Felony Forgery Description An account of the resource Defendant charged with felony forgery. Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_011_009 Hinton Yeager https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_002_010-commonwealth-v-thomas-wesley-william-baugher.pdf 6a4b40af5d1dc176a2df21d6118a6a22 PDF Text Text Jq tl1e Gou11ty Got1rt of tqe said Gouqty: The Jurors of the Commonwealth of Virginia, in ancl for the body of the Connty of Rockingham, ai:Jtr~~ Mid /\on Cr, UPOl{ J'I-JXJR OATH PRh'SENJ', x1Tfi!_c;J_;zfff~~~~ . in the year 189f, ~h~ ancl now ;J~L thatJLtUuJ/J~k-;~ h1 the said Uounty, a certain onthonse, called a.t-L t:~~i;:::~'.::J~;:;.:::,:f :,n:t.:;;:~~~ ',::,: •,:::~n:e; in the day time of that clay, felonionsly dicl break (md enter, with intent the goods ancl chattles rvz<'Vk~~ J,d.J:;~~ j11 the said 011tho11:sethen and there heing, feloniously of the said to steal: take and ,'j$~wu And ~ ~ ;F/&_~,,.__,__ ~ ~ .1f ,J/4.:,~ T f-,,.;,__ ~ fHA.1,._~ f.;1;. ~ _,:J-;}_, /4..a¼.,,;;/_, __ '---~--y tH<.A. ~ .. ... ..... ~r!Jui_ -~ of the g0ods and chattles of the said ~ /; N.. }I;-~ - in the said 011thonse. then aud there being fonnd, then ancl there feloniously against the peace and dignity of the Common we tlth of Virginia. aforesaid, clo fmther present, that on the 0 7 .,.~iJ~4 Ancl the ,Jnrors aforesaid, npon their oath ~L , in the year 18~, .. 4/.~ ;1/..,tr-~ said ~;y,' in the night time of that clay feloniously clid breJ J~ ,hi___, ___ of the said __ = . . .. . .. and J/,.y--away. And &.,_ /~ &Z/..~ 1L-~ f JL £f' .:=.... $~:-:: .. and enter, wit11 intent the goods and chattels in the said outbonse then and there being, feloniously to steal, take 7o-tl(.~ d.~L in the said County, a certain outhouse, the property uf one ............... ~ ~~A, not acljoimng to or occupied with the clwelling-hon~e of the there situated, and carry away, ~A ~~~~~ called a]:k*u. clicl steal, tske ...... L~-1.,L .,,,_, Cud ,;,-,a kd&. -""- /~~ t~ -~ .. ·•···· ·················· and there bf-ling fonncl, then ancl there feloniously dicl steal, take :rnd cany away, against the peace and dignity of the Commonwealth of Virginia. Ancl the Jurors aforesaid,~n their oath aforesaid, clo further present, that :::i1:z~:::;j~h::::5(~ ;:~~e ,in the year 189 '!, y, ~~ ' .... . ....., .. ............... n:,t:~~~u,ie: ~tJ,~hedw J o I o c~~~:!~,::; ;~: :::;, s:::::,::I::: ::::i:rr~d;;::;=di: ~- . ...in the said outhouse then ancl there being, feloniously to steal, take and carry away. 1,h.!~ ,,,_ ~ ~ c~ .~ ~d]~ u.,.,A ~, {.~ .~--=- . of the goods and chattels of the said . ~. i~ ~ L k1~ . . ... .. h...dh ....... .. ... fL£~ /1/,__.,Jt;_~-,:-:-- then ancl there being found, then ana there feloniously ..... in the 1 And au.,, 1,1...,_ ~ said outhouse dicl steal, take ancl carry away, against the peace ancl dignity of the Commonwealth of Virginia. This indictment is ,r.ncl on the fB.~~ 1 l/£./.'-ff4-;t··witnes(sworn t ~~it~? *,JIA~;--};f.llf.J~~/1(_~~ in Court and sent before the Grand Jury to give evidence. �~ 7~/J~L-. W»1½.t1~~ -L. tL.lu~l5t ~9 A~· ~ Rf dk~»~~/ i~ • � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1894 Title A name given to the resource Commonwealth v. Thomas Baugher, Wesley Baugher, and William Baugher Subject The topic of the resource Felony Break and Enter Larceny Description An account of the resource Defendant charged with felony break and enter and felony larceny. Publisher An entity responsible for making the resource available JMU LIbraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_002_010 Baugher Drummond https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_012_005-commonwealth-v-tom-ware.pdf 73ce96d0ec3eee2e4e36b7e6527de768 PDF Text Text COMMO!'"Vli'..A L '1R v./rk'I TOM 1/A.RE Felony (murder) 17 �-#~~ (/)_ t~?-,z..,-v~ ..... t-;- ' ~.@.~ 2/4t(, 17+-rlP-/ft/ q d~ ~f?- CU-u ()-a_ Q. /4. / h.ffi_fa~, . b ✓X 7--:;, r/ �)< INST3U.JTION No.ft_ The Gourt instructs evidence in this the deceased, believe case tbs t the defendant Turner, ner, thet or great and that bodily the defendant, then the Court tells ant not guilty; although ~rest bodily that make an ordinarily so believing, r:are, believed and and imminen~ shot and killed they should find they may believe Tur- the defen from the evidence that and imminent danger of death er believe b.1 the defendant reasonable and if the jury ha rill from the hands of the decease~ if the jury fu ther the time of the shooting from the t.o warrant he was in actual harrh from th,e deceased and that was not armed, was in actual did nothing the nefendant; the jury that the de•"endant was not in actual if thev believe tbe defendant, ground to believe danger of death Turner, in sheeting from the evidence had reasonable the jury that and prudent the deceased, that in fact the appe2ran0es were such that would person believe th:.t he and imminent danger from the hands of the deceased. at - �.I J ... 1t ~ a I + ~ .. . ~ t £ J '""t,...! • ... i f~ t . • ' f ~ ·i ..,. )J , ,- ,-.r . , r I < ,{ -L r ~ ~ ' I • , .. L -, .,J'• ~ .. e. .!' J t ) • .. J " ,I + l t t ... L ...' �Instruction The court a man shall necessary instructs be taken consequence the jury to intend J No. that of his acts. that the rule which he does, of law is that or which is a �- �Instruction The court killing malice is wilful, from this further instructs deliberate, fact. No. 2. --- the jury that and premeditated, whenever the the law infers �~ �Instruction The court ginia elevate proof is presumed the offence instructs No. the jury to be murder ~ that ~ ever~homic1de in the second to murder in the first degree, is upon the Commonwealth, and to reduce manslaughter, the burden p degree. in Vir- In order the burden the offence f is upon the prisoner. to to of ��No. If the jury that Instruction The court being with malice instructs aforethought which is perpetrated of wilful, first deliberate, degree. is guilty by IUITllla.,,lying and premeditated whoever kills of murder; in wait, killing a human that a murder or any other is murder kind in the ��Instruction The court nesses instructs is a question No. thejury exclusively where a number of witnesses for testify that the the credibility jury, directly of wit- and the law is that opposite to each other, , the jury the appearance testifying, of the witnesses and their intelligence, apparent and from all pearing on the trial, to give credit have the right on the stand, candor the other which witnesses accordingly. to determine their and fairness, surrounding from manner of their apparent circumstances are more w~rthy of credit, aoand �.. �~ w ----~ No. Instruction The court instructs the such a doubt as may be honestly any substantial charged. and material Reasonable is suggested and non-essential essential doubt entertained to prove and substantial a verdict circumstances. evidence in order fact or facts of conviction, to sustain to warrant necessary is as to the offence or grows out of the evidence doubt without It must be a doubt of material to find a reasonable doubt must be based upon the evidence, It must not be arbitrary to believe that and reasonably fact by the evidence, It must be serious jury 7 or that itself. it. an acquittal. for the jury and not of immaterial �,: 10 �~ <t No. Instruction (l/ tW~ sidering The court ins true ts the jury, the case, the jury hunt up doubts, chimerical a reasonable doubt, investigation that entertain A doubt the evidence such doubts to justify and it must arise of all of life hesitate not guilty. it would cause and pause, If, after you have an abiding satisfied it beyond all in con- in the case, a reasonable is insufficient considering conviction reasonable must not go beyond the evidence all must be and impartial and unless it in the graver and prudent is such trans~ man to to authorize a verdict the evidence you can say tmt of the truth doubt. to as are merely an acquittal from a candid were the same kind of doubt interposed actions of law, are not to go beyond the evidence nor must they or conjectural. as a matter of the charge, On the other to hunt up inferences hand, of you are the jury of guilt. �fo J • t I �Instruction The court malice is presumed instructs No. the jury from the fact _:t_ that of killing. on a charge of murder When the killing is proved, and is unaccompanied with the burden of disproving is thrown upon the accused. malice circumstances of palliation, ��No. &10 Instruction The court further a wilful, deliberate, sary the intention length that that the jury and premeditated of time prior such intention instructs to kill should to the actual should at the time of killing, come into that to constitute it is not neces- killing exist killing. existence or any time previously. any particular It is only necessary for the first time ��Instruction The court given with a deadly without facie, further upon the prisoner instructs // the jury weapon in the previous any provocation, wilful, No. deliberate, or even with slight and premeditated the necessity that a mortal possession of the slayer, provocation, killing, of showing extenuating wound is prima and throws circumstances. ��Instruction The court the weight case, to be given the jury witnesses if any, further instructs the testimony are authorized to the parties, in the result if of this No. the / .IJ.jury that of different to consider th: their temP'3r, if any has been shown; their demeanor whilst apparent means of information, intelligence; their witnesses relationship the same is proved; case; in determining their credit to the testimony of such witnesses as under stances such witnesses seem to be entitled • of the interest, feeling testifying; in this or bias, their and to give all such the circum- ��Instruction The court proven instructs the jury by the use of a deadly is relied upon, prisoner, and to avail such defense the burden No.~ that where a homicide is weapon, and the plea of self-defense of proving such defense rests him, the facts must be established and circumstances by a preponderance upon the shONing of the evidence. ��INS7JUGTION N ._ii) The Court instructsnthe 1s legal 2nd competent evidence jury t1at circwnstantial 1n a criminal have the right to consider it such weight as they may deem just to:-{ether with all the other case and the jury such evidem~e in this evidenceo and right, evidence ca:se and to give when considereq �--., r. ') r 'l . . ;.t . ' . . I •• ).,_ 4!., • rr• r •' ~' ., ' '1 ., [ l & f'. . f• J . I' I .... . \ r· . '.'< -~ l C • ' r{ i t r .. + , CV \ ' f r• J 1 ~ L �The :}curt instructs fendant is of a different the jury that race should be given no consideration their dut_v, under their just oeths, the fact ..> from the jury and whatever 1s that the cle- a negro man by the jury and it is to give the defendant e fair, as if he were a white man on trial and iripertial trial crime charged in the indictment. just for tr.e ��INSTRU,,':'ON JO. --- 7.. ~e 1 1 ant stands . 1 Court instructs ed for indic dictment creates fendant; the Court. presumed to be in ocent in fact, the trinl i¼nd the Court further j,ecaus io more lffobable that of guilt the jury presumption tells t1 the jury upon me him in t_he in-1 the df\- the defendfmt is aG::.inst him in the in-, 1oes with every stage t at they ~nnot the de- than find tie de- th::;t l.e is innoeont, suspicions of his I of tho Cf.se. t .e oVi'ent.,e that 0 ho 1s guilty can they find him guilty at the Je~end- as against ,.,' of inno.cence and applies they may 0 that ch rtJ;ed a ,n inst whatever tells the fact of the crime c}ar,od this fen ~nt t roughout that offense no presum tion die tment end that fend8Il t cuil t th thejury it nor il t, nor can I they fin him guilty anee of the evidence the Court t elJs LAW OFFICES CURRY AND CARTER STAUNTON, VA. this ·nits boeause lS the jur they may believe in fr.var of the gl ilt th t the Comt.om,eBl tr, roof and must establish the guilt a mere pre that ;0 · ne~-' of the defendant; Gll.L t of the for o fur t er than I efendant \ cle8rly end conclusively be•~ all reasonable douut, ::Jnd if the jury after considerin all of he evidence bolieve that the Common his~ the_v o ht to find the de · ndant no.._t , iil I eal1h has~ fa ik d in �• r t J. 4 �---- INSTRUCTIONNO. The Court with danger, the actual actual for, state he will danger, and if jury where surrounding he acts other that where him to determine judicious to injure responsible make necessary. from appearances necessity and of re- arrl honest convict- for mistake as to men would have been mistaken, another, it tom ake use of such means to prevent and situation a man is threatened him as to the from reasonable not be held criminally when a man attempts the right the law authorizes of things to force; wooting ions, the instructs gives injury the injured man as the behavior �- ---..- ~ ,0 j- [ 't b 9 ol 0 o;t es ~I. oj ;t ~ u I err j-•I.[J I10I' ...'I tr{ ;:'.I •➔ B ml :'.) .0 ed 'il .ae .a erl;t e vl •u.1·. \,, I ~ .:., l IJ 1;:torr (;j' JJ .ut,n.i: oj !'! fJ s .i:.t ' ,. . rl j'o ;t ;t C, .. f rl -1- .c ,:; 'I ,., 0 r ... i • -1- " �1f I I The Court instructs theJj'uurrythat if there i any reasonable a,..(/~~ tr.eory arising out o~the evidence in this case upon which thejury cam find the defendant in the indictment, fendant the benefit in his favor LAW OFFICES CURRY AND CARTER STAUNTON, VA. mot uilty of the crime charged ega inst then it is the du t: of the jury togive of such theory and find a verdict him the de- of acquit tall �- -- -•r .: .. r '".\-.f,1 r r ~ t l .r .. J { . t· rf, L 1 ' • f l r ___,_.. --- ~ �The Court lieve instructs the from the evidence ed beti1een theless, the or shooting preponderance JillLuns on his ware associating case and Nettie jury the that that when he found land and believed togethero althouPh that that did not if Turner the that they shouldnbe- impropAr ,1illiams, defendant, of the evidence the accused, that jury in this the defendant instructs assaulting shoot "M" INS 'IRUCTION n relations the Court, never- arrant him in they believe from a did first defendant assault and Nettie he and Nettie exist- 'lilliams and �, .. -- �The Court tion of all instructs the evidence the jury in this the Commonwealth to establish charged ~ in the indictment that case, the guilt ~ upon full the burden considerarests of the defendant on as ��INSTRUCTION"D" The Court instructs the jury preponderance of the evidence the shooting, when he founa that at and that the accused replied and that Turner "You don't to shoot at hes excuse that if said asked ware, the fact id "I don't for Turner death1or serious they as to what was going on know and don't bodily should that believed harm, find give a damn" fare was on the land to shoot firPd the accused, ofTurner and if he shot, because shot in defense not guiltyo or and of the act of he was in imninent the fatal the accused started was no justification the accused, that of and Nettie give a damn" and thereupon that believe at him by Turner, then the question from a on thenight Sam Jackson give a damn" in anger, shooting person, they believe .Andrew Turner "I don't to attempt they further if the aecused, Williams that the fence, that danger of of his ��'.°ll~~'. ~'.~:d::''J)~t"'' Couoty, ,t th, c"'.'' ~m·u 1:':;P."'Z of~"" to testify and the truth to sa in behalf of tfJ_,;Co111111011wcalth against 1 ) ~~~ ···•·····················•·•·············· ··························/...~................. ................... ............... . , , who stands charged wij_h/rand indicted for a felony -~neanor. And this .......... ~f- day of ....... J. ROBERT S\YTITZER, Clerk of ·f ·--t..fh ...19? t mu! in the / p II: L PRES!, 110I omit 1111der/ir11alty of £100. HARRISONBURG, And bmw thr11 and fl there this Writ. Witness, ............ shall VA 011r said Court, al !hr Court House, thr 15/i,1~: tJ d:_ of thr C/monwealth: /,~~~···~~·~·,Z~~G_!:rl~ ===sz ,,,, 2 ./ br _,,< ====.,,-., ~ 'L_ �,e cop~ t 0 or • J.\• J t ~ ~ ~ , • ~~ ~ '1~ '- ~- ~. �In the Name of the Commonwealth of Virginia : ~~a£:::z::t.tF~•;•' s::z /f ..............~~·.r, .. to appear before the,:J~J/ of the Circziit Conrt gckin_gham, at the Cozirt 1-lou,sethereof, a~'clock, a. 111,., on the . .. day of ..19 ..$...~ to testify and the truth to say in behalf of the Defendant in the prosecution of the Common- ~~1·i·i·~~~;;;;;J_ ..-·~~·.···.·_-_-_-_-_-·_-_-_-_-_-_-_-_-_::.··· ··················:·.·.·.· ·.:·.·.::::::::.-.-.-_-_-_._.._. :..... :8-~tl.tl~,.11..l.~.~:~.i~~, who stands charged with ancl indicted for ci felony .1.1.ndthis ...~.... and there thi~···;;;:i[· m~r ...... shall not omit zinder the penalty . of £100 . .1.1.ndhave then _]YjJE_ess•.•..:.::::-..:::.:-:·_ ..::-.: ..........~::?.. .... , Clerk of ow· said Cozirt, at the Court House, the /..L~of .......;...+···············l9 Netvs-Recorcl, Horrisonbur.(!, Va. ....if.:tr,:,,d in the 10,h y.ea,• of the Commonwerilth . Clerk. ....... ;J.{ff;. ................. ............................ , �a true cor 1 16 1932, Tl .., delivering ummon t"' ~ 'ert \'7ill ia:rrs, Garfield (' t. "._•n ruc-e, Li.z~i<:. Folla.ndwort.h, u,,. uler, Jot:. -r,,:..y, Claud "3a1 ~r, f}e )re;t °HJ .0.t. ';/.:-_1 is 1r.os J;'11rr, Jvc Beasley, and Alr,ert -,·tlls, Ras Stephson, Cl1c;.1.S Stro~ l .er, each in pe:rson. P1;;;v Perr:; ,, t f' ,,,Y\d in n,.Y1ailwic ...., Execut.ed T 1 :') ~ J 1~J· 1~~ .. -""', 1n .... ' c, ri ~ ~- It--... ' ~ ~' ¾ ~ �In the Name of the Commonwealth of Virginia: ~ To the Sheriff of if~ f!:!n · ~ are hereby commanded to smnmon .....~.~····~:. ...t~ ~ ...... ~~ .....~ ....4.~~··· ·1t . .... ··~······~~.' .~.~£.~ ~.~,rt.~.~ ~·I· ~-✓-~~ ct.~44 .. :,:fr!:/o:~ :.: ~:d:L of:;~ Greeting: ...... .............. ·~-···· ..~~/ .. ~ ~··y. •... . ................... ··········· ······················ ... ... . ... ~°.11rt.o'. ~ockh1. ba1~...~~1111~~• .. at the Court House ~Je.1:~ 1 to testify and the fr1tth to say in behalf of, the ····················•···············••·••··········1.;;;J County, against ....... . who stands charged with a·,d indicted for a felony 111lli],p11ea11ar. And this ................ ....... ....... shall not 011,~t111uler /1e11altyof £100. ~' . ROBERT SWITZER, Clerk of our said Co rt, at the Court Housr, thr / >?./1.~· . 197. day of ....... .-... ,¥:4;~ .J:.:;-a11d in the 15 ./. I P, 6 L PRES5. Aud have th{'// and fl there this Writ. Witness, £...4 HARRISONBURG, VA d...~ .. ·yrar of the Co·111111011wt:af'J.:_ , ��In the Name of the Commonwealth of Virginia: f~ To the Sheriff of-Roe~ County, Greeting: You are hereby commanded to mmmon . ....................................................................................................... to at . lp ear before the Judge of the, <;;ircuit Court of Rocking~,am Co1.nty, al the Court House thereof, :.Jo ft. · o'clock, a. m., on the _/r/. ....day of.................. ~ ............ . 19 .~.,?.,, to testify and the trnth to say in behalf of the Commonwealth against ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: who stands charged with d indic!Pd for a felony ~rmetmftr . .................. shall 11ot omit 1111derprnalty of £100. And this .. And hai•e thr11 and there this Writ. WUn"~ d,y a/....... I" SWITZER, . t L. PRESS. H-'RRISON8URG. . ....... VA V.;w--r,. C/e,k of ou, ,-;J 1,.J;c,,nd ;nth, 15. a ut, ,t //,- Cmut ffa,,.,, th, u.,,c,y_.,,.,p .f L/; ... ��In the Name of the Commonwealth of Virginia: . You are hereby commanded to mmmon .................. ?Jthe srriff t!~~· ···M ···i···-/l·,71··/~ ................... ;1d•..~··-\ ... .....r..~ ............................. ...It/?!4.!J. .../~ a. m., on the // ~ay . .. Court of Rockingham County, at the Court House thereof, to aPJ.earbefore the Judge of the 9rcuit at i£u{fock, .. ......... .1................ of. :. ~ ..~........... . 19 3... to testify and the trnth lo say in behalf of the Com1nn11wealth against ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::T~::w~::::::::··········· who stands charged w~ith And this.................. 1 indicted for a felony ..,.JJJ.ia1~e,11e,rn~,. . ................ shall not omit 1111drrpmalty of £100. And ha11e thrn and ~~~ Witness, J. ROBERT SWITZER, d,y of .. . ~ .. Clerk of 01,r said C urt, at the Court House, the . 19 ... ,J ,,,d ;,, th, 15 7 d P, ........ ....., Clerk f' a L. PRESS. HARRISONBURG. VA ��In the Name of the Commonwealth of Virginia : to appear before the Jnd&e,of the Circuit House thereof, at Court of_/;l_kin_gham, :oifz!ck, a. m., on the ...... /.0.................... itay of .... L~ ...... -....19 ..7...r to testify cind the truth to sciy in behalf of the Defendant i·°-~·~·l·tl~'.. :l.~~:t.i~~, County, at the Court i,n the prosecution oC e Com,nion- ~~(ii.~~t.:--~~::~·.-.·.·.-.·.·.·.·_-.·::.-:.-.-.-.·:.-·:::.-:::: ::·.·.···.· ..:. .......... :::::::.-_. ............ . who stand~ cha,!/--~vith and indicted for_a felon~ .-7~ ......... m,:i,,f,fl,fflnecinor . ./1.nd this ................. ~hall not om,it wide, the penalty of £100 . ./1.nd hcive then and there this Writ. tl,,,itness, ....J, .........,f.::RI ..S\1/HZE .. .~lerl~ of ow' said Cou,rt, at the Coiirt Hoiise, the r.......... ·······t::~ ..... day of .... W ......... , and 1,n the 14f..Zh (/ Neu.ls-Record. Horrisonburg, Va. ·· .77 year of tl e Commonwenlth. J..&/4.~~~. .. ..,.:f. .. ~. ·~:J........ 0,............... , Clerk. �( J, �r ��COMMONWEALTH Charge v. .. TOMWARE Your charge gu lt of the fel is indictment, and that and was wilful, the of murder death, or, in the first and the by confinement twenty heat, punishment at for years. as charged in the aforethought, then you shall and ascertain or reasonable him not guilty degree, aforethought, his than but find him punishment five of voluntary of murder but that actual provocation, nor more in the penitentiary he killed not less de- Andrew J. upon a sudden combat, and ascertain for in the first or implied, or in mutual mensiaughter, you will his find punishment than one nor more than years. If you find gree him in the penitentiary for not less in the second malice by confinement five his find years. without him guilty in the aforethought you shall with malice degree, in the penitentiary malice then and premeditated, in the second or of murder Turner with of murder, same was committed If you find gree, as cmrged twenty him guilty deliberate of murder of murder, and ascertain than is or not guilty. by confinement any term not less was not wilful, than degree the accused indictment and premeditated, If you find indictment, whether same m.s committed in your discretion, or for guilty in the him guilty deliberate guiljy to inquire ny as charged If you find life, to the Jury or of murder but guilty you will him not guilty in the second of involuntary manslaughter say so and ascertain penitentiary or not less your discretion, or by confinement assess in jail degree, than a fine his of murder or of voluntary as charged punishment for not in the indictment, five in the years, him of not exceeding exceeding If you find him not guilty, de- mansalughter, by confinement one nor more than against in the first one year, you will or, in 1,000.00 or both. say so and no more. �Com V Tom Ware Charge to the Jury �INST3UCTIOJNO._ fJ.. fendant The ourt tried to make an escane under the circumstances shown by and creates · in this case ridses/no presumption of guilt against the ev·dence him. LAW OFFICES CURRY AND CARTER STAUNTON, VA. instructs the jury that the fact th@ t the de- �J. ,. r r fJ [ �~ INSTRUCTION The Court evidence fendant the in this without evidence did believe danger Turner, rilled 1 that instructs case that the justification, and that then • jury that deceased, and if the defendant or great I~ the from aP uearances of death him, NO. bodily the defendant, the jury if they believe Andrew Turner, the jury had reasonable that so believing, ought to find the shot the further believe grounds to believe he was in actual harm at the from the de- from and imminent hands of the deceased, shot said defendant Turner not guilty. and and �oD J e rl:t e ,. "f .,, r • a·· ;t r.JO 'l t, l �Ir STRUCTI Te al b 0 Court inst of the evidence 1bt as to · other dn11t not i ty. cts in this d fen e cs de.1.'inod in def WO. /(_ o the ca"e, not t no · e1: inst jur~ they that if, after considering sho ld entertu defend nt cted ction, then they n n reasonin m st lffind tbc �r . r?'~ .. ' . �~il'~d I tf'lfl,I '"' ...Instruction The Court instructs Noo_/,/;c the jury that all th evidence 1n this 11 case offered by the Cornmonv:ealthto show or to tend to show that' improper relations William is immaterial and should not be considered or given any weit;ht by the jury. LAW OFFICES CURRY AND CARTER STAUNTON, VA. existed between the defendant and Nettie �r ---...- ., - ------- �0 .. The Court instructs the jury th~t although they should be- lieve from tte evidence in this case trat improper relations existed between the defendant and Nettie TTilliems. the 8ourt, nevertheless,instructs the jury that this was no personal con- cern of the deceased end did not warrant him is assaulting or shooting the defendant when he found the defendant and Nettie TTilliams on his land and believed that he and I'Jettie f!illiams ere associating together~ �•., . t r r J ,, ,, , ; t ' . '•' ,_ J , ' 1 j, ,, ' . - t 01ltoode. a sir Ii: n bn:aI lrf no r • ,I!.. J ·-.,,. t l. mai:ia-,ii '"· �The Court instructs ant was stBndin; warr:mt .lUrner on the la rrl in shooti~ ed b.v the defendant defendant. LAVI OFFICES CURRY AND CARTER STAUNTON, VA. the jury that the fact that f the decdased, the de,endant; Turner, the defend did rj.ot nor did any words utter- give Turner the ri ;ht to assault or shoot the 1 - ��W -~:'...t1 ~- ft'VY' • I Instruct C{, The court instructs by the law in Virginia in the second degree. ion No. the as murder jury 6that murder in the first is distinguished degree and murder ��Instruction defense the plea The Court instructs is relied upon in a trial of self was without case defense fault the necessity out of the prisoner's the /j- . jury that where the plea for murder, is not available in bringing relied No. about own misconduct. the law is that to a party the difficulty, upon to excuse of self the ki+ling unless and, he in any must not arise �I �•-J-- INSTJUCTIONNO The Gourt instructs the evidencein tr.is case against tre Nettie lilliams, that and ifnthey intended told give this evidence rad feeling friend, Tom Looker, the defendant i th2t the other to-~ether that he (the fhe dece~sed evidence de- ever; with Nettie the jury should with all with from fhe Uf:.Revidence 1 Villi:=.nn consider this in the case and to such weight as the_y deem fair it that of his sup,.,osed .?Ssociation 16urther believe the jury with all they have considered the case. the deceased tbn the deceased'~premises then the Court tells together his to ~hoot found fhe defBndant evidenle shows that dAfendant bec2use the deceased ceased) the jury thP.t if they believe and just, the other evidende when in �. r . I �,INSTRUJTIOH HO. H The Court instructs the jury that the defend2nt, if they believe evidence 1n t1 is case that the line fence between the lands of the deceased from the Ware, was standing and LizzB worth and on the 7urner side of the fence and was talking Jackson who was on the opposite Saturday, June 4th, and his brother, 1932; and that the deceased, and that Andrew Turner, ;'hat is going on in the Hollandsworth sa'd there was nothing ceased, plied the Hollandsworth house) and that to believe death or great o the defendant, that don't a end asked '"'am Jac1.son the de- "Who is in there". the defendant re- damn; and that the care a damn"? .end in the arm and then shot hi believing he was in actual andhavang reasonable and imminent danger bodily harm at the hands of the deceased, gun and sr.ot Turner, guilty ."OU and shot the defendant in the body and that the deceased, to the defendant de.ceased Turner then said "You say grounds Andrew Turner» hous e 11 and that that he did not lmow and did not care drew his pistol to Sam on the nii;ht of going on that he knew of and that .Andrew Turner then said (referringto Hollan s Kemper Turner came up to where the defendant Jackson w e.1.·e talking; 11 side of the fence, at then the jury ought m of drevr hie find the defendant not �r 1 • ��_; ���COM.MONi/VEALTH OF VIRGINIA, COU:?TY OF ROCKINGHA:! , to- . it : In the Circuit I Court of said The granci for the body of the said Court at that Tom ,are, feloniously the peace nesses evidence. of the county of Rockingham, June kill and dignity term, 4th in Court 1932, State of the is sent in and and nov, attending their 1932, oaths of Vi found testimony before said 6 inia. of Kem.:1er and. C. R. Fawley, the jury gr&nd county against Commonwealth on the pre;::,ent in the or.le Andrew Turner, i-Jet l,ie Williams·, an of Vir~inia, upon day of June, ano murder in_ictm.cnt SaJI Jackson~ svmrn jurors on the did This Turner, its County: wit- to give �;,----- Murder 1 l Commonv:edlth I:r-1clictment vs) 1.·:are Tom ~ 1~ ~ 1 Feldmy June I~~ 'i ii term, 1932. A True Bill: ~ '4 l 1~ '- 1 " { ~ .\\ - " \J ~, ~ ') Witnesses: Tur11er~ Jackson :r:ettie Williams C. h. Fawley Kern,,er Sar 4~ '---\. D. \.. Cowmon~e~lth ) lj j Ea,,·man 1d Attorney �Ir �l ij 11 t1 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1932 Title A name given to the resource Commonwealth v. Tom Ware Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder. Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_012_005 Turner Ware https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_002_039-commonwealth-v-turner-green.pdf 6bb27fc3d1f92939f1a7ac6c60a5c322 PDF Text Text State of Virginia, Rockingham County, to=wit: In the County Court of the said County: The Jiuors of the Commonwealth attending on the of Virginia, in and for the body of the County of Rockingham, the said Court, UPON THEIR V :_day of__ OATH PRESENT, /4~ ./~ that __~2=:!e:::!..=..-,\/)--~~___.~~~::::=.----- in the year r89f, the property of one to or occupied with the dwelling-house Jr~ in the said county, a certain outhouse, called a Lu. ../~ of the said__J}c,~l<J. not adjoining ~-LvL-( in the night time of that day, feloniously did break and enter, with intent __________ in the said outhouse, then and there being found, then and there feloniously against the peace and dignity of the Commonwealth 011 do further the_2_~day of Virginia. did steal, take and carry away, And the Jurors aforesaid, upon their oath , in the year 189 f, in the said County, a certain outhouse, of_4/~...£.. __ ,the prnpecty of one ~ not ndjo;n;ng too, occupied with the dwelling-house of the said~,::, W, 44 /~"jf, --1:±c~ uJ,_j1,f;'-___tJ.,/ in th c said onthouse th en and t hm t ~~-7 IL And~uf~ take and carry awa: _ the goods and chattels being, feloniously to steal, 11 //¥.£A~ ;J~ ~ ~vl... ...._____ ___________ / ::,;gJ~LL{_~--- there situated, in the day time of that day feloniously did break and enter, with intent nf the said _ present, thatJ~~-------------- t.;;.~ called aJ there situated the goods and chattles of the said of the goods aod chattles of the sa;d~~ aforesaid, and now .l'~~ _ and there being found, then and there felonious]:,.· did steal, take and carry away, against the peace and dignity of the Commonwealth of Virginia. And the Jurors aforesaid, upon their oath aforesaid, do further present, that. ~~-A~---- , in the year r89 f, on the_..2./-2.-_day of_~~--' in the said Connty, a certain outhouse, called aJ~ __/,,Jl ~~ ___ , the property of one $-4.--ia _;-L_ 4 , not adjoining to o, occupied with the dwelling _ft~ W.Jt;yf'--C,d---:'" • , J/411~_ house of the said tbm situated, in the night time of that da_Yfeloniously did enter, without breaking the same, ,vith intent the goods and chattels in :he said onthonse thenJ~d ~ ~J.{ -~~ __ ,w£ of the said there being, feloniously to stea1:_take a~1dcarry away._ And J Ji,~ ~ ~f - --------"--·-- ,hCtad~ W. ;~ &uh --- -r»: of the goods and chattels of the said_lt_~__,U)"'--=_.. ____ •.L""---==CFt1 _ in the said outhouse then and there being found, then and there feloniou ly did steal, tal-te and carry away, against ~ ,{ dio-tiity of the Commollwealth of Virginia. • This indictment is found on the testimony of I (! 11,.__)f.At~__)] , 1 ~4~. 4- -0~ l.fd;t,~fdL_~witness..«1sworn . llrt.vy~ . 5t/),. .I /.1) the peace and ~ _ JL//~-<;~AU&d_ttl.j; •~ ~ in Court and sent before the Grand Jury to give evidence. �in W~J~ - ~~ .ft.tn-7i~~ /,(( l ,~ \ ~ ~- ~ L ,, .A~~ .iff!Jkf£~ I~ ~,., '/ . \,) ," ��I �TOTHESHERIFFOFROCKINGHAM COUNTY. Tltefollowing list of persons of lite Count.Ji of Rockin1;lta111,residi11g remote.from lite place where lite offence is c!targed to have been committed, aud in ot!ter respects qualified to serve as Jurors, is fnrnislzed you, from wlud'/J:,ou slzall take the Veniremen summoned ~ trial of~ for lite Jt;;:::vl r:t _ 1 da_1 qf lite __~/ ~ C"§_'Y bdni" f'l 8,}J_ ~ ,&_ Ci_ 8-A ~ WL ~ t_ .J~ ni_ LJJ,J_ t LJ ~_,Ur J t_ ~fl)~ a :Jr/,, ,, , ~ t_ ~ -rg_r/L_ ~ ~t~~~ iIJl U~ t t 7tiwf_~/21L· L b_vyou to serve as Jurors upon tlie . . c!targed witlt. felony, 'J'/ , of //,e County !JoL dj_tit:!Jux•n Ter111, r8 r sel ,j fl--dt,u\_ w-,(} L~ 1f_AAAN1~ ~/2, t__.J~ ~ f~ r__~ ~l. ,A ~ L L L //,, ,17 / '--;-7 ~~ ��IN THENAMEOFTHEOO_KMONWEALTH OFVIRGINIA. TO 'I::S:E S::S:ERIFF OF ROCKING remote from a listfurnis!ted b)' t!te Judge of t!te Co1111{1'Court o/ N.oc/,i11glia111,residing !lie place 1.u/1eret!te offense is c!targed to !ta,,e been committed, and qualified i11 all ot/1er respects, to serz,e as .furors, to attend and appear be/ore t!te Coun(1' Court r ~ t!te County Court /-louse, 0111/zc ,,;,,,, /1,r I day o/ ~ J~ -G-REETI~G: prrsons o/ Ilic coun£1' o/ Roc/dng- You are /iereby co1mJ1auded to summon}~ ham, to be taken from ::S:.2'-_:NI: CC'-7::t-7'IY fl1id tliis tlte.)' s!tall in ito J4 o/ Rocking!tam ~ da_v o_/llze , 'J 89 Coun~v, at Court next, lwm a., .Juror; apm, //,c/rfo/ ,f cha1Jrcd 71'it!tjdo17c1'. ,, ise omit, !lnder Lite pena/{1' of .lroo. 1 And lia,.'l' then and t!trre l!te ua111eso/ said persons and !!tis ,1rit. Wilaw, Ho,m. o/ tl,e /1,c l! 1 ~~ {J daJ' a/ J~ , Cieri.' o/ our said Court, at f/,e Court . r' r891 and in f/ze r:l. lr vear of Comm om, •ea/tit. Clerk. ���f r " ~ ~ ~ - "' f\ i· fl . ... ~ ~-~ : r l " .. , ' .... • .. I �)1{)t I"' YO'l f.i.n i • L ~ ._:-;J.l.ity yr)~.. •,i y,-, I '7i1l " l J. n·1y r;o ar/ J.') ;:1ore • .lty ..... .. tho \) t} 0f Yi.<, I") 11d ! n, .c; t .i.?. t·~o !,o:~:i. _r(''1~ t nt n.ry :r in y f1'} ~ "'1 t r; ,.ni: ,·r ,'i. r,~,.•1, ii 11 ln,). · t irn.,, t ., , n ,:' :or , t:1nn trm .'.n t ,c:: r, ·:.;1t:r jn.LJ nci+ ';:·<::.( ·.: ..., :, ���• �IN THENAMEOFTHECOMMONWEALTH OFVIRGINIA. TO THE SHERIFF You are /1ereby co111ma11dedlo summoni !tam, to be taken from remote.from a /istfurnis!ted ROCKINGHA:!v.[ ;,.,.L b;1 Lite .fudge COUNTY-GREETING: o/ llte persons rom1(1' (!/ Rorki11,{?·- (!/ the Coun(1' Court (!/ Ror!.-ingliam, the place 'Zl'here l!te offense is r/1a1xed lo hm•e been committed, respects, to sen 1e as Jurors, aud qualified residing in all of/1er lo attend and appeai' before the Cou11{1'Court of Ror!.-i11gha111Cou11f1·, al the Coun/_) Co11rl .Ho11se, 011f!te 1 being the OF tL-4; £ ,.-- day of~~ day (!f the c:g,,~....,,,,_~ r89/ ~ 'J-v-~ losn'<'c as.furors Court next, 11/)011the trial of r/1a1xcd 11•1l/1fe/01(1'. 1 shall •---l11d t/iis the_1 i11 110 7/'ise omil, under 11,c penal{I' of £ roo. And !ta1•e l/1c11 and !here Ilic 11a111cs C!f said persons a11d 11,is 11•ril. Witnml ; ~Lr J-lo11se, /he {; 1 da_1 C!f J~ , Clerk (!/ our said ' 189 r (O11rl, al /he Co11rl ~ a11d iu !lie I 2.,,3-,,car of !he C.om111om,•eall/1. Oer/.:. of ��1:orm 68-Uc:rliu. ��this _____ 2.__ 6,__~______________ da?J of-----~------------------------, Exeentecl 1ibove nam,ed __ ·-~··-~················-··-·----···---nnd ·---f!~.--~~·/g··~···~ 189'/------,b_y arresting the b1·inJfinJf.•----·--·-~-···-···-·---before :u,tldAfi~,yzd_ ,~1r -·····-·····--/<U .... H~--~-·-·~ JndJfm,ent clay of'·----------·----·----···-··-············-···'·-----·----·-·----·-·---·-, 189 __ ·········· on the .._______ Defendant foiincl.... __ ····-··-·---·------Jfiiilty zipon the testinwny on oath of-·-····--··········--··--···---------·-·------· --··----------···--···-----·------------·-----··---···---···---·····--···---···----························--·-··········-·······-······-····-·····--···-····-····--···---·-·----··-----·--··-··-··-····--- it is aclju,dJfed ___ cind thcit ..·---··---······---···---···---···························-····-·········-···-·····---··------·----··--·--·--··--··----··----·---···--···········-···-·········-····-···-- ······--··---··----···················---··----··--·········---···--···--···---------------·--············-············································-·············--···---------•.o----------····---···-···-·-----····················-------------------------·-······---·-------------------··········-········---···········································----- REGISTER r PRINT. HARRISONBURG, VA. -------·······-······-----------·--········-··----·············-·····-········---------·······------ �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1899 Title A name given to the resource Commonwealth v. Turner Green Subject The topic of the resource Felony Break and Enter Larceny Description An account of the resource Defendant charged with felony break and enter and felony larceny. Publisher An entity responsible for making the resource available JMU LIbraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_002_039 Green Shifflett https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_011_006-commonwealth-v-twin-city-oil-and-gas-corp.pdf f888554cfd6d19f0e49e90da9118f4c6 PDF Text Text City of Harrisonburg Meroo for Defendant Twin City Oil & Gas Corp. I1his is an appeal risonburg tion imposing on a charge council from a judgment a fine of the T.cayor of the City of Har- ..;rli'.oo on the of of violating a certain of the City of Harrisonburg Twin City Oil ordinance & enacted Gas corpora- by the common in words and figures as follows: For the privilege of operating trucks or wagons tor the sale or deliver of gasoline, oil or similar products there shall be a license tax of ,.s5J.OO 1or each truck or wag-on so used. The 'l'Win City Oil in the gasoline stations sale bution its customer as its business. lt owns and operates with a bulk plant fillin own stations customer or dealer stations. company's left as the same is needed. or dealer customer stations at the bulk plant L stations and deliveries are made from the company's a merchant's license, both bulk plant, but also in question has of course truck. State for the the retail storage One automobile from its and also of the gas and oil or dealer for for of the distri- true is used bulk plant to the deli very purchased mal...e their b purchases on each of its been taxed several as part filling 'l'he by orders ~o sales 'l'his company L, doing business duly issued, to its them. are made accordingly. and city, is several 5 _sta.tiond and for· the wholesale by the company for the deli very of gas and oil its name would indicate, the City of Harrisonburg together furnished to its and oil in and about of gas and oil, gas and oil Gas Corporation, & not onl stations. of the company's under on its The truck capital ��employed in business; have been paid It furthermore, the State and city automobile licenses on same. is contended jected to any fine reason that on behalf or penalty of the company that under it the ordinance the same has no application should not be sub- aforesaid for the to the case at bar. rgument 1) Consider Defendant's the occupation Corporation. - the wholesale business from its or business business filling only one truck for and dealer answer the needs of the compan of this truck of the bulk plant or truck dent to that is being true by a retail conducted is carrying was not intended I - just under State and cit to impose still happens gas and oil this company oper- from its being at the present a necessary ~as and the retail that - the one truck incident bulk plant sufficient time. to the condQct of a delivery grocery is a necessary business stated, and city - 2 - bul merchant's automobile another this license license to '.!.'he as the operation s heretofore a State bulk plant s business 0·1 and retail of gas and oil stations or wholesale business. lt is clearly business of the T ·n Ci from its the delivery stations ~icensed. a wholesale stations. to its operation Already This company conducts business ates Business plant license, tags. on this wagon inci- business and its uertainly, same business. it ��2} lt ness Ordinance is believed of peddling independently a street that oil of business business, is his should of gasoline, 25 R. C L that selling truck to cover is to say, and delivering be construed ~he business at conjunctivel of the same time, the word rather or wagons operated or similar the busi- or wagon operated or ·wagon, and that to trucks oil was intended and gas from a truck of gas and oil, so as to apply delivery to Cover Sale and Delivery. ordinance of a bulk plant used in the ordinance junctively, this or selling peddler whose place Intended or• 1 11 than dis- for the sale and products. 977: The popular use of ''or" and 11and 11 is so loose and so frequently inaccurate that it has infected statutory enactments. ,,hile they are not treated as interchangeable, and should be followed went ei accurate reading does not render the sense dubious, their strict meaning is more readily departed from than that of other words, and one is read in the place of the other in deference to the meaning of the context. .henever it is necessary to effectuate the obvious intention of the legislature the courts have power to change and will change and" to or" and vice versa. 11 If this ordinance the disjunctive), grocery it would subject for, 1 having surely, and does in fact tomers, paid deliver and perhaps erosene gasoline apply applies of oil. houses to the defendant's and other similar council truc.i.e operated in the city; truck yet, • - 3 - and wholesale has occasion or purchased products tr~ck to deliver by its cus- as well. certain- to impose a license the ordinance used for the delivery to the tru.ck or wagon of any other in a delivery by the various if (i.e., tax imposed by the ordin- frequently ordered retail operates license of the city of '1r50.00 on each deli very grocery oil as drafted every that the ;50.00 each of such houses it was not the intention retail to a fine house in the City of Harrisonburg or wagon without ance, is to be read and applied 11 business wholesale is intended of oil, used for it tax and to likewise the delivery �• �pplication Our contention that the case at bar i Sec. Prohibited the ordinance further fortified having privilege been levied of conducting of any additional Tax Code above r~ferred Both a State to, clearly b siness, which reads of merchant's company for it prohibited to paragraph and city and paid by this gas and oil tax is is inappliuable by the foQrteenth against its by Tax Code. in question 188 of the Tax Code of Virginia. license levy of Ordinance is argued the that by the section the of the as follows: A merchant, who has been duly licensed by the State and duly licensed by the city or town, if his place of business be in a city or town, ~******* may, other than at a definite place of business, sell and deliver at the same time to licensed dealers or retailers, but not to consumers, an where in the State, without the payment of any additional license tax of an kind for such privile~e to the 0tate, or to any city or to (I alics supplied). 4) Application In further cable of Ordinance support the iederal delivery truck is sub ·t if truck of this rest oil that ed that the ordinance of all trucK of any other in respect it v,oul uonst. is not appli- deny to defendant of the 14th amendment to were applied other ~ to a license should tax any classification business? which bears to the defendant's businesses. a reasonable to which the classification - 4 - of ~ed. the ordinance company be subject upon some difference to the act 14th bmenit. in violation and not to the truck more than the deliver must always it of the laws, Constitution, the delivery relation of our contention to the case at bar, the equal protection .ould Violate and just is proposed. �l ..... J - ' , l ;- .L J.. C. �Connolly is for v. ~nion the real difference the delivery any other is based·? for Where is It is Co., between of its business tablishment? this dewer Pipe u. s. 560, 46 L. ed. the operation gas and oil sold the delivery the real clearly company the equal 184 by of the merchandise an arbitrary of a truck by classification and in effect of the laws, truck sold by such es- on which this selection Where company of its and the operation distinction protection this 690. in violation denies to of the 14th Amendment. If our contention a case of this sort dinance was intended dinance is invalid ferred to, Constitution, that is not the ordinance correct, and does apply, under Sec. for to apply and the Court is of opinion then it is submitted that 188 of the Tax uode of virginia, and is unconstitutional both, was not intended the reasons under to the orthe ora·bove re- the 14th Amendment to the ~ederal above given. Respectfully s~bmitted, �( iJ ... --~-- ..;:- O.i:'1' "Ia u 0 . 1 't\_• 011 'l..., ... .1. Lt B ... ...i a.i: [. J.. e,.i:.,Or' B ~L J UV ... C, 0 oe. .c. (, oo .,o~ .i: u • .... .... I l l • J.. .; 1 �I z. c... l°'-'f- ~ ' City of Harrisonburg V• ) Twin City Oil Gas Corporation & Agreed Statement The Twin City Oil oil business, being owns and operates Harrisonburg plant the local and for the wholesale and oil truck from its for the and oil purchased purchases stations is used by this to its to its left and city, each of its own stations customer tfµ'ed as part State and city filling under automobile " I 1-/ stations the delivery of gas as the same is needed, stations of the gas stations and deliveries a merchant's not only on its stations. licenses bulk plant, The true make their are made ac- license, employed in business, statement both but also , of course, have been paid The foregoing - filling are made from the company 1 s truck. of the compan 's capital t: with a bulk stations. or dealer at the bulk plant It or dealer or dealer ·1·hese customer duly issued, several customer company for This company is doing business State its and the City of together furnished to its products. in and about of gas and oil, distribution by them. No sales of the ~hell of the gas and oil delivery by ordars cordingly. sale bulk plant and also is engaged in the gasoline distributor filling the retail for the storage One automobile Gas Corporation & several for of Facts on has been and the on same. of facts agreed to. �l 1 ... .L I., " .. -- (., J. �WARRANT STATE OF VIRGINIA OF ARREST ClTY Of HARRlSONBURG, ........................................ TO-WIT: in viol?.tion of an ordinance of the said city; These are therefore in the name of the Commonwealth of Virginia to command you forthwith andh<focc me, ~:t~ce,q~f 7 ... .... .. being to answer the said complaint and to be further Given undec my h,nd ,nd se,l chi, 't. ch&0 ~;_, to apprehend O~~~ dealt with according to law. d,y of .. ~. ... . , 193 . ) .d)J/~~~Seal] Mayor �VIRGINIA, CITY OF HARRISONBURG, TO-WIT: This day ........................................ ............. me, John W. Morrison, Mayor of the City of the Commonwealth of Virginia in the sum of which obligation they waive their Homestead YET UPON THIS CONDITION .................................... ............................................... ....................... ..came before Harrisonburg, Va., and severally and respectively acknowledged themselves to be indebted co $.... ......... ...to be levied of their respective goods and chattels, land and tenements, as to and all ocher exemptions. that if the said ...... . shall personally appear before... ............................................ . ......... on the.. . ..day of. ........... ..., 193. ., then and there to answer for and concerning the certain warrant herein sec out and of which he stands charged and shall not depart therefrom without leave, then this recognizance shall be void otherwise to remain in full force and virtue. Witness the following signatures and seals this ...................................... day of .. . ..... , 193 ........ . ... [SEAL] ........ [SEAL] Taken and acknowledged before me rhis ............. ; .......... day of .. 193 ······• Mayor City of Harrisonburg,_Va. .... (/) () 0::: z0 <:._ - -~ C/) p::: p::: l1. 0 < .... :r: z < 0::: .x.. 0 \ >< 0::: f-< - < u ~ ~~ t \'~ ... I '+-< (1J Q ... 0 '+-< E E ;:; 0 \ C/) µ f-< C/) 0 C >... "' ... C... "' 0 (1J u "' C 0 ~ ... ... ~ ~ .... .............. ~ ;np JOJ ........... ~ I ~ ··;,AJ;JS 5.$ (1J ~ C < i::: ·2 0 0 E 6 ;:; u C/) (1J -;;; ... ·., CJ "' .x.. "'CJC CJ -.....,~ ·;;; 0 ~ ... ... .... < f-< -0 ... ;:; CJ u (1J >< .i-1 ~ ~~ ~ - ~-6~ .... ...... . .... .. ... . - ';,:,Jotl prn11 ;JJ-eJS Ol puc 'JUEJSCM.S!l{l uo p;nou SJSO'.);,1.p pue 'Al!'.) ;)lJl JO l\pu;,q JO ;,ug t l.ed Ol p;,2pnfpt pm: 'p;,2Jnp /·,., ·= 2·····~···~ ) ·1'! u!· ;,ql uo····· ..... - C ... ... 0.0 CJ c:: E ·5 0s "' "' -0 ·'~~p(f ~· "'"''"'~ ' ::{6 ....... "' ... ... ~ , / -~ u C CJ (1J C/) "' 0.0 / (1J "' "' 0.0 -:i:: "' C C ·;;._ "' ... .:c: ~ f-< -;;; E E ;:; C/) ~ -0 C c,rv-~~. ----- "' C "' c:: "' .. .. .. (1J 0 '+-< '\,)':J:J;;;! ~ _j ...... I¼~ w ~ 0::: i:Q < \t\K.- ,t ~Ji: i st Alpn8 ·· ·· ·· ·punOJ s1 lUEpu;,J;ip ;;l{J, �c.rer,; vs. TIIN ~ HABRISONBURG ) Appeal CITY OIL& GAS CORPORATION �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1931 Title A name given to the resource Commonwealth v. Twin City Oil and Gas Corp Subject The topic of the resource Misdemeanor Operate Vehicle without a License Description An account of the resource Defendant charged with misdemeanor operating a vehicle without a license. Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_011_006 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_001_029-commonwealth-v-v-s-sanders.pdf 5a41f470b28e619e6cfb78451cd32030 PDF Text Text �L, ,1 .) v � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1881 Title A name given to the resource Commonwealth v. V.S. Sanders Subject The topic of the resource Charges Unknown Description An account of the resource Charges unknown Publisher An entity responsible for making the resource available JMU LIbraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_001_029 Sanders https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_001_004-commonwealth-v-virdie-maiden.pdf e917262c0408bf67fe3232cc0d55a620 PDF Text Text �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource Undated Title A name given to the resource Commonwealth v. Virdie Maiden Subject The topic of the resource Charges Unknown Description An account of the resource Charges unknown Publisher An entity responsible for making the resource available JMU LIbraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_001_004 Maiden https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_012_007-commonwealth-v-w-l-kennedy.pdf a113ca253014376205b3e2aeb40d3a5a PDF Text Text c ~932 COMh.1NWEA.L'JH v. ) K1sdr. V. L. KENNEDY .Appeal �0 �ft I �' �commonweal th v. On an appeal o-r the from a decision of the Mayor City of Harrisonburg V. L. Kennedy This day came again and the de endant, nizance, and the v. the attorney L. Kennedy, jury for and sworn for case came pursuant to adjournment; and having tion of the court, the sent sider their verdict, Court and returned the the v. defendant, were and after out some time following L. Kennedy, Commonwealth, came in obedience impanelled jurors the guilty the trial as to conagain "We, the into jury, find umcu~xa: charged in fimrxmfit~xtiDCDXDXE1rD1x&xmo::til:~SD%•Xltmmi warrant and fix of $200.00, his punishment G.C. Dowell, at six foreman." this instruc- of court ca~e recogof received they verdict: to his months in jail Whereupon, the the and a fine accused, etc. . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . And thereupon, recover against fine aforesaid, that the Convict the it is the L. Kennedy costs incident V. L. Kennedy Road Force for by the v. said and the said jury, considered the and thereafter be held until 17, the 1933, court first until~is fine day of the in order of Appeals that for a writ and thereupon, on motion in the of fore penalty this court L. Kennedy, her sufficiency, were for the ap12arance Court with personal on the first of error of the v. each months, to the defendant term and State fixed be paid, Court, by or,. duly as he is April said of April supreme this admitted for his Court; to bail appearance be- April Term, and the said surety, who Justified to reccgnized of the being to the judgment Dollars, Myers day of the the may apply day of the Elizabeth the on the and costs defendant first dollars, labor Tenn of this -d-1~ ---------- on the Commonwealth to the statute for such cases ma.de the defendant, by counsel, of this sentence is suspended April said the two hundred to hard of six he is discharged pursuant on mot ion of and provided; however,/eEecution that to t.lJ.is prosecution, term until Court in the sum of -~-~_u __... ~~ V. L. Kerue dy before Term thereof, to do and this receive ��as the court without until may then 1 oo.ve of Court, this by order charge and there and not and be bound under is finally of a competent direct court. disposed of, this or is to depart then~e recognizance declared void ��<:... ~ / r.c t I ~ 't hereupon grounds: (1) contrary . I ;· If by his aside attorney, the verdict Because evidence evidence the verdict of the jury is tendered exceptions of the Jury is assigned instruction of the admission on behalf duly taken for said because of certain of the Commonwealth over the objection being (4) the verdict to sup_oort it Because and received of the accused, thereto, the reasons exceptions. of error in a certain given by the court at the instance of the Commonwealth, which instruction to by the accused, accused, an excessive pJ.nishment 1 and du.ly excepted for reasons (5) of on the to the law and the evidence. (3) being (,..(. - Because (2) without I the accused moved the Court to set following Lr ?~r 1.-t-. C" ~ /' 1i. ..-• c- ~ .,,;/ Tirginia, which action Because fine contrary was objected to by the assigned. the verdict and inflicted to Section of the Jury imposed a cruel and unusual 9 of the Constitution which motion the Court over-ruled, the accused by counsel, excepted. to ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded C:,~~·~, to su1nmo~#~ .... to c1,ppear bef'ore the Ji1.,clgeof' the Ci1'Ci1,it ow·t of' _Rrylcingham Hoi1,se thereof, at~oclc, a. m,., on the .. . County, Greeting: 17..r..~dc1,y to testify and the tn1.,th to say in behalf of the Defendant Coi1,nty, a~ the Court of .... ;..~~ in the prosecution '. 19.$.'..~ of the Common- u,ealth, plaintiff, a£a,n~•········•·1<~•····~~······························ .................................................. ·············································•···-·················-················-········································· who stnncls charge~z ith cuicl indicted for a ~usdcmemu11'.ll.nd this .......................... .,.......shaU not om,it nncler the penalty of £100 . .11.ndhave then and there this Writ. }Vfff:ess, ....J,.. .c.·~?.,......., Clerk of our said Conrt, at the Court House, the :~d.L.,i1 ... ..,\{,., . /f}hff;,,of. ....7 :~ .............. 19'!.ia~d,~the~ ~=o~w;;;:::: Ne·n,s~Record, Harrisonlmrl,?, Va. �Ja.n,I4th !933 by deliverL1~ a t1·ue copy of the "Ii thin sw1'\lllonto Chas Huffman, E. ·varren Denton,Bobert Yorrison, L.K.Dickerson,Joe ~iller, ~lter D.:~rrison,~.B.Snith,E.A.Zigler,Stanley Fige;ett ,H. L. Layrri.an, O. P. Stra, ·n ,Edward I'riddle, R,S,::::>1yer,Thornas Smith,Lauernce Davis, and Claud Kennady, each in person. ~xecuted Deputy ~~/U<- for C.R.Fc:.wley, S.R.v. ~~ '\O i ~ 1 ~~~ '-6 ~ ' l �In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded to summon ..... of Rocking fl'd/ ...c£'.d. ..L7-/·• ....~. ......-£...?J:t'..¢.-t:..... ~ , q Z '11;;;,.?J?iZ d,;;;~x~; ?~ Zib~; (/~~~1t~j~~(~~f ~t~< ;~ to a pea before the Judge of the ! 'clock, a. m., on the i cuit Court of Ro liingham IJ.... day of. 011nty, at the Court House thereof, 19..;f.. ...,~ ..d.. ..'..... ......... ...... ... . .... ................................... t ....... ~~L7••····· to testify and the truth to say in behal And this ...... •..✓.l.'. ...,.,-. Witness d,y of I" t L PRfSS { 7 J. ROBERT .,nL HARRISONBURG. VA ............................... . ~nd indicted for a ~ misdemeanor. who stands charg~~~ there this Writ. f the Com;monwealth against .................... shall not SWITZER, omit 1111derpe·11alt11 of £100. And have then and Cink of our said Co rt, at the Court Home, the 1,.£:i,..d in /;L .y.. .............. . jz,"'1tJr:c"i~c/e,k th, 15~ l ��C!Lnmmnnnttalt~ nf lllirginia GOVERNOR'S OFFICE RICHMOND y l r, 1, u ,1933. Va. y, ~ar onl,u i. icb.111 11d, Va. Va. c •.l.' t ...i. i € p .Lie. . • L. o· ,.(;t,! UY i1·cuit Court ~c t si 'o • ,.,·..e GJ.OU COliViC o .. t:1e poa .l 1 j COl J.ll u .. Jc111u ry n:ion 0 ·1, 20,.00 rnr,i,ny at ge j;-,il tion e ~-C n rne· nd jud ~e, om- o.oo d· y Respectfull.r yours, A_=.Jr.Jr ..~:,, . . ~,, • Jn >l'?f 'ffel~•,·. ~- l.,__ :,.1•lanJ rO cr.-ior. is ~ ....... . IJ., -~-----~-- ..t"cli z· , �~h(srd lu rttJn, 11nnuun 01':J O 'flOlft.H!!VOi:> 0140MHOI , �COMMONWEALTH GOVERNOR'S. OF VIRGINIA OFFICE ~ RICHMOND Judge • W. Bertram., Harrisonbu gt Va. �,_ _-----,-,----------~ .... --- ...... ..,_ -- . ... .. 'S .... �VIRGINIA: Crfr"fy o/!lltc/4J)lO)UITl_ ,iJi de (J/)b ti .. d"""" i cuit Coy et~ i court. eert • the f of t . ni n t rr ct t J. 1ed to lo er court. av t 0 33. d s persedeas to e 18th _iG 1d a¥ a·J.d o !ll pl 1nl· th. or e ition and tUl"Cl afor J ioh i rror a ai.n ud-1ent he · arc_1" on t' e til f ckr,y oj i la·-, 1 ~ t t ')' u '"Y, 1 3"' ~ i V th r • L. . 1,y n nt the2 s and ins octod, I ....,.1t. • t- r t 1 ~be -~ej said ct cir ... p, �---__, �Instruction The believe by v. from the evidence L. Kennedy, and that No. Court instructs that / the jury that the basement ~~s occupied the ardent spirits if they or controlled found therein wasxmd the property of V. L. Kennedy, or that he was interested in the same, ,,11.1 •. ,f "t.f betted or participated in its unlawful possession, then r: they must find him guilty. �r Cl I !cw .t. .i: �Instruction ~ No. The Court instructs the jury that if they believe from the evidence that the basement in which the moonshine liquor ih this case was found was occupied~ controlled by v. L. Kennedy. then the presumption of law is that said liquor was possessed by said Kennedy, but they are further instructed that this presumption may be overcome by satisfactory evidence showing that the location of said liquor in said basement was without the knowledge, connivance or consent of said Kennedy. ,...... ~ I,, l-~c.-.) ---"" ,,. C '--- I'- ~ C..t---"ti - a:.--. ~ ~ - 7~ r l, \ D.....c......~~e' y i1~ ~L - ,._ ~l t I '- ~ ~ (,r'I I'- lu..\ I d ~ (. ( ~ ) t! --z.. ~ i.-...__-~ <'..-,f-.t... --£.-~ I~ /.: ~~<:_.-6....-1---~ 'i s~v L._ ,_____ ~ '<:'... c.,,, L-Ct,C 2)~ ~ ,,.._ -/) i IL\ ~ ~L '½ t-l...t '~ .... - I r., ' j c..c. t :) t- ' ~ t '-c7 ��--------- -- --- Infltruction The Court instructs believe beyond every reasnaele the basement under the store of the No• ...A:.__ ____ the jury that doubt that _ unlews they the liquor of the accused found ih \vas the property ccused, %U he was interested participated in its therein, unlawful or that possession ' he aided, abetted, or �O"l \._ �INSTRUCTIO.,.NO. The Court as in all guilty his criminal raises and puts instructs the cases, jury that the accused's a presumption plea of innocence guilt beyond every of the witnesses there exists doubt as to the reasonable of the and the uilt of the jury accused, him not guilty. And the Court further that a re~sonable doubt state after comparison is that and cousiderc.tion le ves the minds of the cennot to a moral say that cert, inty they jurors feel of the If, v,hole case, in t~e minds of tne of r...ot the therefore, testimor:y shown in evidence, a reasonable they should find the jury tells of the case of all the a.n abidina of the which, evidence, in such condition truth favor of proving doubt. circumstLnces case, in his on the Commonwealth the burden upon a consideration they in this that conviction charge. ��, fo sntisfi I t• te truotio ury o n conv 1c t t he -o •..,...__ c a d they ust or ottenue 1 t, he is -~uil t from the ovidenoe l C not or or ere y tat i~nt uffi t l inn rob ol.e thnn h ill 0 enoe, 1c r ctr Jury of r "'o ye of t l oertnin blc do , but 0 • i~r 8 uro ·bl ner 1 r:r th al ce e id· in th uilt, It doubt. )uilt eli th to tl i onl, bility ·b ,l.Ot b. 0 the e clu ion �I �INSTRUCTION NO. The Court inutructs v.hole evidence hypothesis accused the jury that in the case there consistent is innocent if u~on the is any rational with the conclusion that he cannot be convicted, the gu.ilt of the accused the faots proved are consistent they must be inconsistent and that is not to be inferred with his gu.ilt, with his innocence. the because but ��WARRANT STATE OF VIRGINIA, OF ARREST CITY OF HARRISONBURG, TO-WIT: To Frank L. Dovel, Chief of Police, or any Policeman of said City: Whereas 7./:....~ ................................................... has this day made complaint and infor- mation on oath before me, WARD SWANK, Mayor of said City, that...k..{/~ .. ~ =:~~~he~==··o~~ ..;;:: ~ ~ ~ ~~- ~ ~ ~- 2""-"~) ............................. r ............................... /~. -·················· ............................................. .in violation of an ordinance of the said city : These are therefore in the name of the Commonwealth of Virginia to command you forthwith ? to apprehend and bring before me, or some other Justice, the body of the said ..~".':°..'.~.~ ~ ...~ .. 1-~.~ .......................................................................................................................................................... . to answer the said complaint and to be further dealt w.i.thaccording to law. Given under my hand and seal this ....~.h~ ...day of.......~.-~.~ ...;2,.d ..~~~········ ................ , 193..2:-:- ..................... (Seal) Mayor �VIRGINIA, CITY OF HARRISONBURG, TO-WIT: This day..... ............. .................. ....................... .. . ...... ............................................................................came before me, \Y./ARD SWANK, Mayor 0f the City of Harrisonburg, Va., and severally and respectfully acknowledged themselves to be indebted to the Commonwealth of Virginia in the sum of $ ....................................to be levied of their respective goods and chattels, lands and tenements, as co which obligation they waive their Homestead and all ocher exemptions. YET UPON THIS CONDITION that if the said ....................................................................................................................... . shall personally appear before ............................................................on the... ... day of ............................................. , 193 ........, then and there to answer for and concerning the certain warrant herein sec out and of which he stands charged and shall not depart therefrom without leave, then this recognizance shall be void otherwise to remain in full force and virtue. \Vitness the following signatures and seals this ......................................... day of... .................................................................193 ......... (SEAL) (SEAL) Taken and acknowledged before me this .... ...day of. ......................................................................., 193 ......... Mayor City of Harrisonburg, Va. ~ I-- CJ) w P::: 0:: 0:: ;::J z0 LL ~ 0 g, i:i:::: < 1- :I: z ~ i:i.. <( 0 0:: ~ ~ E..u 0:: ~ ~- ~ <( s ..J \ - ~ ,.._..,,.,..~~vi - '2 ~>"-?Jl>'~~ cs$ cs$ ~ 0 u 0.0 c:: .>-. ;,:.. Cl) ... < c:: 0 ..., ..., V, v; Cl) V u V, V, c:: Cl) cs$ c:: '"O ... :c: ..., ~ ~ '"O V 0.0 0 ·a 0 0.0 c:: E . Cl) c:: ~ ·5 V, E E E 0 ::, ..... u 0~ V) c:: Cl) ..., ..., < . cs$ c:: ~ c:: cs$ c:: I > c:: ... ... en ~ en ~J H "':d~ I] ~ \).J 'i 'i,... 'l: ' ~.p _·I ......... ..., Cl) 0 <..::. .-< ~ c:: ~ 0 en 0\ " ,--.; V) >. ..., r<) ~!~ Cl) o:l <( ~ r"- '\ 1 t ()l1-··_ c., . t'i ~ en ~ ..., V, Cl) Cl) V i:i.. - V, V, Cl) c:: ..., ..., V, ... ... ·~ ......~ < 0 ~ Cl) '"O V ..., ::, u V X 1-1-l ~ f7: ~ PP 'oot,t' ~/~<JP ~~ ?:::: 7:1 . 9?77~ ~ --t;pJpTYYl/b . JOAUW ................. /' ..~3-? ..CYql ~ ~ q -?-$ ~._,,,.;;. ~{;.,~ ~-4,~ o.J. ~-! ✓~ "L,_----7ll ~-,? 'r-'C~ ~£ ~ ~- bd-o~,-.,.,p-1-~~ 'T],-v"l/V,,, .. 7':7.~1:,~ •~--:..~~~ 7"'~ ~ ,._ ~ ~f:J ~ ~~ ~ ~ ~ ►--- .. ~1 ~-41 e---~z, ~ r, .,,t;los$ k 2° ~ -n_ .......~ e,..,_,, r ~.... ,:,.>..J:, ~ ~ ~~ -n")_J ~-... ~ ~ ~ J.C)J' ~~ ~cl "'7'7fJ';:,ql uo ·~ii.i ..;L..;:)AJ;:)S Ol puu 'lUUJJUh\S[ql uo p;:)lOUSlSQ:);:,ql pujµlD ;:,ql JO l'9';:)□;)q ;)ql JQJ ~- - . - ·:._ .... 'i}(?/·t ~l/~~c¥ft~~~~Q1JO ;:,u9 u iud Ol p;:,a'pn[pu pmi 'p;:,a'JuqJ su Alpna' ~ ......,..£61 ,................................................................................... . _/ [ 7J ?fl e>~ ···· ........ punOJ S! ~u;:,pu;:,pp ;:,q1, -~~/7/1 �I .! ..,,_ CERTIFIC E N • I.!r. Clarke Liskey, of the Commonwealth, being Qr ------ a witness first • introduced duly sworn, on behalf testified as follows: . By D. Vi. Earman, 3-Q, Mr. Liskey, business is, attorney for the Commonwealth: v. you know where L. Kennedy's ~o you in the City? reluctant to answer them. over in the rear the basement idea. just Yes, sir, through been? I have an A Two months ago, know about It has been quite the date. ago. Mr. Ott: I object to that on the ground that he .has not said he got anythihg of Mr. v. L. Kennedy. TH:S COURT: Mr. Ott: Just 6-Q A part. I don't a vhile no doubt you are Did you ever get any whiskey of his basement? How long has that 5-Q of Yes Sir. I want to ask you a few questions, 4-... place in order state bjection overruled. Exception is noted on the ground that the evidence of this witness does not specify that he eot this of 1.rr. V. L. Kennedy. to the jury to get this :Mr.. Ott: the procedure whiskey. I object Just that you went through what was the system? to the whole of that testimony. THE COURT: Overruled. 1Tr. Ott: Just A what did you do, in order I 1,;ent in the 7-".. i\hat door? rear of the 8-Q A Exception is noted to the ruling of the Court on the ground that this evidence is irrelevant and immaterirl to the issue in this case. store, liquor? door down there. The b&sement door. I don't Did you do anything Rang the bell. to get this know for before I guess it is in the sure. you entered this basement? �• �9-Q. llfhere was the bell? 10-Q, Then you \,ent the door? It little appears that there this see anythin~ How did ·ou get 13-~ else ✓ho was about I don't kno 14-C:¥ Just little shed, through door. I got what I went in there after. there. Did someone ask you what you wanted? there, ·who was on the inside? vho was on the inside. remember any more what I Did you tell them you Ott: Leading Mr. Ott: question. overruled. Point sLved on the ground it is le~ding. that How die. they know yo.n wanted liq_uor? 16-G. m n in there rs inside of this a man or vvoman, how l.ia. door lmow 1.hat you 18-Q Asked him for 19-Q, Then what happened? 20-~ You got your drink, did you? 21-Q Where did he put it up, plate? 22-Q A Yes, though, a drink? in that A on I asked him. sir. all .A the person that happened. Yes sir. little door on the iretal it? I don't remember any more what tgo I have forgotten. ~otso much, think. Don't you know1;· \.hether don't you remeMber? nyone Y,ith you? How often :know if sir. 23-Q. remember of. mhat's It has been so long I don't anted? Yes, A Whf.t did you pay for I did pay~ I don't or rot. tho ever v,as inside, 17- door? did do. THE COURT: Objection the v,hat did you do? this happen it? ]r. it Did you close what did you do when you walked up to that I don't 15-Q, i shed like. are some auger holes What did you do? 12-~ the door. remember. you got dovm into I didn't A this I don't ... After 11--Q into Beside you paid 2 dime, quarter or fifty cents, No, sir~ A I don't v;ere you over there? think there was. A Never but occe that I �I r"" �26-Q. Hovv did you know you could omeone told 27- me I cold Fo, long did yo Yes, liquor, you pushed pretty kind dn't tell ...a;y it 4 good, \hat color it lith to strike in no way connects is imrnbterial was. you got it, red liquor, It kind I didn't evidence -- does the his is not~ prosecution his evidence is 'dmitted Jury to determine thi8 liquor. v:hether m. The \.itness the attorney • for for the defend£.nt 's objection, by counsel, for sale I want to of this \ith of it sale but prosecution or not the this and it liquor. deference i overruled. for circumst8nces, ccused possession. to go to the kno\1in~ly possessed ~~ TT:~ Exception is noted to the ruling of the Court for re sons above stated. foregoing questions the pla~ ntiff Commonwealth, allo\,ed excepted for Teste: this propo~nded upon direct examination Court, the the re· sons hereinabove .LJ__day to Clarke &.nd,notwithstanding by the of th t? otion the that "7111 be immate1·i&l The under ~as ~ater. not show that I s&y that you overrule THJ:: C it • L. Kenned~, to you -- and the introduction I suppose think on the ground defendant, L. Kennedy ~ith I pay any attention. to the Court, it \hite of dark. A I don't out that from the T• ¼ci.E deference and irrelevant and irrelevant. Liskey, before \"was it of the witnesc-, ·,;~s purchased course, button you drank? T : from the testimony it, a liquor? was '.:ater make a rwtion It thbt there. ;as it? of liquor rn. liquor round ninutes. or moonshine 30-. a drink there? sir. \,h't co fe ci. ervice 28-Q 29- the liquor have to i.ai t some time? I v,ai ted A after get get /'~ of __ ;~--------- by the defendant given. 1933. ��J ----- CERTIFIC TEN. The Comnonwealth havin; defendant, by nis attorney, rested moved the Court the evidence for the Common;eal th, insufficient to su tain a verdict of P'Uilty, to whicr. action defendant excepted introduced case, to strike was the owner or of ccupant out which motion of the Court on the round that by the Commonwealth did not shO\' that ·as in the possession the bec ...use it was :plainly the Court overruled, by counsel its • L. Kennedy, or that of the premises the the evidence the linuor • L. ~~ennedy from which it was taken. Teste: this II day of _12_~ ______ Judge. 1 33. ��CERTIFIC TE NO. IN RUCTI'N N. "The Court believe from the 2. instructs evidence the jury that liquor or controlled by V. L. Kennedy solely, but they that said of said instructed the knowledge, liq or in said The foregoing request been introduced ownership evidence of the moonshine introduced same; th8t accused; burden t.ere that to affirmative instruction Teste: at the objected evidence subject · nd there had of the bein~ no of the Court this // of l~ against the the pl&ced u on the accused not carry, of the defendant, which action ennedy.rr ·nd the defendant licuor, the by the Commonwealth to cantr~dict ihich he should the objection of said on the may w s without as grhnted wus no presumption this presumption basement by the defendant Kennedy, showing that instruction positive, the presumption by said this or consent of the Cornmonwe~th, on the .E!'I'cundthat that evidence connivance then was possessed be overcome by satisfactory locction in VJhich case was found was occupied liquor are further if they the b sement the moonshine of law is in this that a but the Court overruled and granted the defendant the instruction excepted. t_VU-<_~---' day of __._f!__.:Pi ..... _l / t!/r,ey;{;ue-~ Judge. 1933. ��C • The follo~ ing instructions granted of the Commonv:eclth and. of the defend.crit, as hereinafter denoted, are all were ~rctnted on the trial respectively, of the instructions of this Tl1is instruction et the request th~t ccse. w· s grented at the reauest of the ComP1onv,ealth: Instruction 'The Court believe instructs from the evidence or con trolled, solely by ardent fount there spirits Kennedy, or that knov,ingly unl' the jury the b sement • 'ennedy, u ion, they ~~s occupied and. that the of • L. in the same, or or _pb.rticipc. ted in its then they must find instruction if in was the pronerty he 12s interested ·ful posses thct that ided and abetted his the ro. 1 v~ s grtnted him .Q'Uilty. ~t the request rr of COffiflOm1eal th: Instruction "The Court believe liquor controlled in thiR the jury th~t but they ~aid liquor are ~urther be overco~e case connivrnce instructed in said This instruction ,·s 1hich the by said this evidence of said in or then the presumption thbt b5.sement or consent if' they ~s found ~ae occupied we s possessed by satisfactory liquor that the basement by !. ~. Kennedy solely, of law is that of said instructs from the evidence moonshine No. 2. presumption sho ing thrt 1 ae ennedy, i tho-it may the locttion the knov,ledge, ennedy.'" gr nted at the request of the defendant: Instruction The Court 11 believe beyond every instructs recsonable :ro. • ~ne jury doubt that that unless the liquor they found �-- �in the basement under property of the accused, or that h~ aided, store of the accused or that abetted, :poc:.-session, then Thi the he was interested or participated they must find instruction \,as the therein, in its unlawful him not guilty.11 was ranted at the request of the defendant: Instruction 1tThe Court ces , as in all n t guilty raises uilt there the accused's a presumption of innocence as to the O tion se exists re&sonabl of tte ilt of the accused, reasonable doubt comparison and consideration they of the truth in his of· proving therefore, the testimony a re'sonable should the find jury of the case do~bt him not that a ,hich, after the evidence, in such condition that conviction leaves they cbnnot to a moral certaint of the charge." instruction be satisfied fro chirged c Fo. n convict t.ct warrant in the thLt che mer3ly bill at the request c. the accused he is guilty beyond all d believe sho or more pr bable of probability but the evidence ury the evidence is not sufficient only, was granted Instruction 1tBefore th to produce pleti of sno n in evidence, tells of all an abiding of the defendant: degree further jurors feel This probable in this If, case, they is th&t state the minds of the It ,hole in the minds of the jury d the Court offense d ubt :md the circumst~nces guilty. say that jury that c~ses, beyond every itne the on the CoI!l.Illom,e·lth the burden pon a con ider· f t_e instructs criminal fL.vor and puts his No. ttan of the rea hi~ onbble doubt. uilt &ie innocence. &uthorize must be of sue~ a character in the minds of the jury they must ro a conviction, BnQ tendency a moral oert&inty as of the ��prisoner's guilt, to the e:xclusion This instruction was granted the defendant: the whole evidence accused in the case consistent ic innocent the jury there he cannot of the accused the facts proved they must be inconsistent This the request that if upon is any rational that be convicted, the ond that is not to be inferred re consi tent JI because with his guilt, with his doubtll o. D. ii th the conclusion the guilt Teste: ·t Instruction The Court instructs hypothesis of rea.s:>nable innocence. but 11 of ��CE TIFIC~TE fter its verdict, the jury and grunt Because the verdict evidence; to support evidence tendered the objection the reasons (3) assigned in a certain .hich 2nd duly excepted assigned; (5) excessive fine cor.trary motion was overruled verdict against in overruling dul by the court taken for ressons and unusual punishment ir~i~ia, by the Court an 1 judgment to which said and enterin1 saic of to by the imposed an of thereto, Because of the jury a cruel over at the inst&nce r,~s objected 9 of the Constitution motion of certain (4) to by the defendant the verdict the defe~dant, said bein exceptions; given and inflicted to Section ic \ithout of the rd.mission instruction defendant, ecause the to the l~w and the exceptions for said instruction of the Commonwealth, ~side of the Commonwe2lth and received of the defendant, being and rendered grou..-r1ds: {1) of the jur ecause on behalf to set is contr~ry the verdict it; Court n the follow in of the jury ecause (2) into moved the Court a new tri&l evidence error had returned the defendant verdict ~a Vihich entered action judgment upon said of the Court the defendant excepted. Teste: this // ----~----~---~ _____ Judge. �/ - �CERTIFICATE The following defendant respectively, introduced on thetrial evidence, s hereinafter of this case. NO. I on behal.f of the Commonwealth and of the denoted, is all the evidence that was ��-2- T:3:STllvONYFOR THE COMMOl ,[E 1TH. s. MR. H. being first HARPINE, a witness introduced duly sworn, testified on behalf of the Commonwealth, as follows: By Mr. Earman: l What is your name? A H. S. Harpine. 2-Q You are a special policeman, are you not, of the City of Harrison- burg? A Yes, sir. 3-~ You were acting in that capacity on December 22nd, last year? A Yes, sir. 4-Q Mr. Harpine, search v1arrant, Market Street state searched for ardent whether or not you and other the premises of the building officers armed with a of V. L. Kennedy on Vest spirits? A Yes, sir. 5-Q rhat officers A Mr. Morrison, accompanied you? Mr. Leake and Mr. Neff. 6-Q What time of day was this A Eight 7-Q o'clock Did you state search made? in the evening. the date when it was? A It was the 22nd of December. 8-Q Just state to the court and jury what happened--what A Well, Mr. Leake and I went in Mr. Kennedy's you found. store with a search war- rant. 9-~ Up stairs? A Yes, sir, in the store. Mr. Leake, he goes in through Mr. Figgatt's and we told in the store 10-"' basement. -'le 1:r. Figgatt's I think store went in Mr. Kennedy's him we had a search and he ordered Mr. Neff, v,arrant to search he went to the back door, to enter tore, the basement through r. Morrison and I, his place, and I went on back me to stop. Who did? A Mr. Kennedy did. He said not to search until he read the warrant. ��-3- Mr. Kennedy and his rison, boy Claude h.ennedy, ·ms in the store he stood at the front of the store Claude Kennedy went over to Figgatt's Leake stopped 11 store him and told ent on to search- and he ran into Mr. Leake and Glaude Kennedy left then I went out the back down to the Mr. Neff was there basement, basement, and he came down and unlocked the basement. and I walked over to the potato four of them full bin, and found five and one of them about half 13-Q You found these half the was found in the way of liquor? back and said to Nr. Kennedy, I asked him to open the right, r. know where? and he said to get the key to get the key to unlock the basement, all ol'- Yes, sir. What, if anything, A and we wa rant was being read, room and went somewhere, you don't 12- r. him-- While the search A so and I went on to the back, and Claude Kennedy v;alked out and so we read the warrant ing. together, four half-gallon and I went and he said iie v,ent on in to search fruit jars, one of them-- full. fruit jars full and one about full? A Yes, sir. 14-Q Nine quarts? A Yes, sir. 15-Q I think it was nine quarts. Do you have the liquor here that was foundthere? A Yes, sir. 16-Q It ~~s liquor, A It smelled 17-Q was it? like whiskey to me. fuat kind of liquor--I mean did it appear to be moonshine liquor? A Yes, sir. 18-Q It did not appear A It appeared 19-Q You say A Yes, sir, 20-~ to be liquor ac uired before the State ~ent dry? to be moonshine. ennedy had the keys to this he went down and unlocked That is the door--which There was a little door building? the door for me. as thati shed over the place where you v,ent into the ��-4- basement. The outside it padlocked door was not locked, on the out side and a bar across That is the door at the foot 21-Q this was the inside the door on the of the steps? Just door. He had inside. describe that to the jury. There is a little outside, and at the foot room closed of the steps in over the steps another door goes into the basement, v1ith a ho le cut in the door and a kind of a little across there for a shelf, about the heighth right and some small holes of a man's head. hove the door outside plate of iron in that bored in the door above this ~here is a light on the cellar with a door on the right in the door frame, steps. Right at the top of the door? 22-Q A Right on the door frame on the outside 23-Q How many of these A Two or three, 24-Q of the door. auger holes were in there? I don't just recollect. Where were they with reference to this hole? A Right above it. Vfuat else was found? 25-Q A There was a push botton call bell to the store that rang the same bell. 26-Q Nhat else, 27-Q '/ell, on the outside of the building and a push botton about midway of the store if anything, which was a on a post was found in the basement besides the li- quor? whiskey. cases there were a good many potatoes The whiskey was sitting of empty bottles gallon in there, in the bin where I found this on top of the potatoes. beer bottles. Inside '£here ,ere several the door there was a half jar with water in it and a small glass. 28-Q Any fruit A Yes, sir, et like, built 29-Q jars about the place? a good many fruit on the back porch in a little on the back porch. How many would you tell A I judge probably 30-Q jars Any evidence the jury were there? as many as a hundred and fifty of these jars ~round there. having at one time cont ined liquor? clos- ��-5- A Yes, we drained nearly a half 31- Q That had been over there a pint before out of some. the search? MR. OT!': I object to what was done before. asked what was-- He THE COURT: I understood him to say that these jars--was this drained out of the jars you found there at this time? A Yes, sir. THE COURT: Objection A I found several jars the last overruled. time-- MR. OTT: I object to that statement. A When we found the liquor-THE COURT, fuat did you observe? A They all 32-Q had whiskey that Did r r. Kennedy make his home where his store A No, sir, 33- I examined. I think You just Mr. Kennedy lives found--who was 1::1.t that up the street stays about his place, a little time? further. what help as he or did he have at th<1.t time? A No one but him and his boy that night. I don't know whether he has any help or not. 34-Q ·vhat size foll, the store, it I don't is that basement, what is down there? is not such a large b sement. It don't cover quite half think. 35-..;i The basement is in the rear of the building'l A Yes, sir. 36-Q What kind of a floor? A I think Cross Examination it hl:i.s a cement floor. by Mr. Ott: 1-XQ Mr. Harpine, you said something about fruit jars. MR. EARMAN: Pardon me, there is one more quest ion. Vhat, if anything did you find on the steps leading down to this basement? MR. OTT: 'Vhich steps MR. ~ \N: In the are you talking about? rear of the building. ��-6- The steps leading down to -i;he basement? MR. EARMAN: What, if anything thrown on the steps. I don't recall anything, ~id you see r. Earman, on the steps there. I just want to refresh your memory--any cigarette stubs, or anything of that sort? MR.EARMAN: A I didn't pay much attention. 2-XQ If I understand you correctly, and the basement thereunder you searched on Thursday night, r. !\.ennedy's store December 22nd? Yes, sir. A 3-X.Q About 8:30 o'clock, Yes, sir, A 4-X it was around eight Now, you have said you have referred or eight something about thirty. fruit jars. These fruit to were in a ware room on the back porch, jars were they not? A Yes, sir. 5-XQ They were the usual fruit jars weren't A I can't the ordinary in, weren't of something A half gallon jars that people put up Yes, sir. did you examine there A I guess I drained 8-X of they? 7-XQ You speak about getting How many jars well known brands say about the brand. and can fuits A ason and other they? 6-XQ They were just preserves brands, iell, that from some of these night? in some of these jars you got out a few drops to be li uor or moonshine or something I drained that jar~ out about a dozen. you mean that you took the odor of liquor much out in a pint 9-XQ That much out of them all like that? bottle. together? Yes, sir. lO-XQ In other words you had quite a small quantity out of about a dozen jars? A ll-XQ A Yes, sir. Not a gill, Inch, hardly, that or inch and a half you got out of about a dozen jars? in a pint bottle. ��-7- 12-XQ That was the sum total of what you drained Yes, sir. A 13-XQ Now, did you take the trouble No, sir, A Probably A a quantity jars? there, of fruit jars, were they not? a hundred and fifty. 15-XQ There were some in cartons place, to examine any other I did not. 14-XQ There was quite in that from twelve jars? and there were others that were stacked up one on the other down loose? A Yes, sir. 16-XQ Isn't that so2 A There were: a lot of them in sacks. 17-XQ Do you remember whether they were all A No, sir, or all half gallons? I don't. 18-XQ So, out of each and every jar, thought quarts you did not get much of what you w··s liquor? A No, sir. 19-XQ And you couldn't tell the jury absolutely that that ra.s liquor was like liquor could you? A Only by the smell, that is all. 20-XQ It might have been some other looked like something that or li uor to youZ A Could have been. 21-X You say you made this raid on the 22nd of December? A Yes, sir. 22-XQ Vhen you A Yes, sir, ent back for the key you got the key from Mr. Kennedy! he went right 23-XQ There was no hesitation down and opened the basement. or reluctance about him giving it to you'l A No, sir. 24-XQ And after officer you had ,r. Robert of the City of Harrisonburg, vhich gave you the right Yes, sir. to rt::ad to to make the search, search any ·here you pleased, didn't orrison, he? who was with you, and an r. Kennedy the search warrant he told you to go right ahead and ��-8- 25-XQ Didn't he say that? A Yes, sir. MR. EARMAN:Was Mr. Logan with you? A No, sir. MR. CLARENCE LEAKE,a ~itness being first By duly sworn, testified introduced on behalf of the Commonwealth, as follows: Mr. Barman: 1-Q You are a special officer for the City of Harrisonburg? A Yes, sir. 2-Q And were on December 22nd of last year? A Yes, sir. 3- You were one of the officers, here on 1est arket Street for liquor I believe, on that that searched the premises day? A Yes, sir. 4 ~ Just what part ,~ /ell, there li to tell did you play in it, vvhat did you have to do ;ith it? I taken Figgatt 's side to go down in the basement. Mr. Figgatt I went in I wanted to go down on his side in case there was any uor being moved away, so I could stop it. 5 Kennedy's Store is immediately west of r. Figgatt's Grocery Store? A Yes, sir. 6 gatt's nd there is ab sement under Kennedy's Store and also under Fig- Store? Yes, sir. 7-' There is a passageway between the t 10 basements? Yes, sir. 8 And you entered Figgatt' s basement and went where? A You have to go down from Figgatt's nedy' e side. comes r. So I goes down in there and waits there a few minutes, ennedy and opens the door and reached up his hand to lift off and I took it off because I was standing 9-Q What Kennedy was that? A si e to get over into r. Kennedy. there. r. Kenand down the bar ��-9- There was a board setting half gallon of water, there, I guess it was that, and a whiskey glass about that he walks in and sets the water and the glass 10-Q Who did thatZ A Mr. Kennedy. whiskey glass, over to he sets r. Figgatt's go Sets the half on a little big. box, and a (Indicating). behind the board gallon jar with water in it and the it down behind the board beside the wall. side then, over there, and I comes on around. and he starts over there and he says "That's right" ·•mile I was in Mr. Figgatt's he comes running through there I wanted to be the first And I goes on and I says you can't and he locks the door side this and he sees me and I told 1.,1aude Kennedy him to wait a minute, one to go down in the basement, and it looks like it taken bis breath. MR. OTT: I object to that stcttement. It is depicting what it looks like. .l.hat is of no evidential value. THE COURT: Overruled. He came running around there to r. Figgatt's the basement, store then, and his father came down. a few minutes ahead of the other so after they went across to the other I tried to go in- boys in order to get in side, that is when this boy came running over. ll-Q V. L. Kennedy entered the building from the rear? A Yes, sir. 12-Q He had the key and unlocked that A Him and Mr. Neff was out there 13-Q How was that that and he was the first one in the door. door fastened? A There was a bar right hole for to lift door? bar up. a.cross the top. You had to reach t,1rough a That was on the inside. It was locked on the out- side. 14~~ Padlocked on the outside and barred on the inside? A Yes, sir. 15-Q Just there inthe describe to the jury something about the electric equipment basement. A The lights over in the basement are on a switch from r. Figgatt' s ��-10- side, and a light ri~ht on the outside built over the place and a light about middle way and a little there to serve drinks the other door at the right a be 11 inside . d/oframe up in the iron plate over and a bell There is a little of the door. stuck and a bola in there on the outside like L"l tha shed door it was put in of this shed right thi:1.t comes down the basement steps, up at and that rings how was it fastenedl Do the store. 16-Q How about the outside door to this shed, you remember ab out it? I don't remember about the outside door. I think it has a hook on i • Hook it from the inside? - 17-Q Yes, sir. A Any other 18-Q lights in the ba::3ement except the one over the door, or do you remember? ·-A I ~ hink there I s one or two lights on his side. Two, I think, on his side. I mean in this 19-Q little shed? No. A No Cross-Exa.min tion. II MR. B. first s. NEFF, a witness duly sworn, testified introduced on behalf of the Commonwealth, being as follows: By Mr. Earman: What are your initials, 1-Q Mr. Neff? B. S. Neff. You a. re an officer 2 of the Gity of Harrisonburg? Yes, sir. A 3- Q That do you know about finding of Kennedy's, some liquor over here in the basement under his store? A Well, Mr. Leake got me one evening about seven o'clock to be at a certain place, and Mr. Harpine and Mr. Morrison went in. went on ahead of us, he was going in Figgatt's rison mrnt Harpine in through and told side. Mr. Harpine Kennedy's and I went to the back. me r. Leake nd Mr. Mor- The only thing I saw, had come out the back and asked Kennedy for the key, and Kennedy brought ��II -11- the key to unlock it, and Leake was in the basement when ie got down there. Kennedy went to reach up there door, and an iron plate--he through reache for him and it seemed to surprise in and started to searching, hci.d some potatoes in it, Found the A Yes, sir, the rest little hole--a up to open this him. b r s a-1 hole and directly Harpine in the nd Leake taken it off Leake was down in there and ve went on ,ilent towards the bin that and he said "Here it is", per carton•-a.pasteboard 4-Q this and found it there in a pa- carton. liquor in the paper carton? those jars. I think one of them was about half full and was full. 5 About how long did it appear that this shed had been built over this place? A 6-~ A with Oh, I don't Just knot, describe ma be six or eight to the jury this It has got a hole, heighth or something aybe a little longer. door down at the foot of the steps. I imagine four and a half hole cut in the door there set drinks months. and a little on, and above that foot up from the floor iron plai;e there there that is one hole just you might about the of a man's head. 7-Q · 1hat kind of a hole? A About that big around (indicating). outside door fastened? How was this 8 An auger hole. Couldn't they lock or hook it? A There was no lock on it. 9-Q ~as thera I don't 10 a hook on the inside? remember whether there What, if anything, A The re was and cig r stups and dirt 11-Q Did you see any push buttons be a foot from the floor, 12-~ at all. there, something If you push the button, Inside the store, hook on the inside or not. did you observe throVJn on the steps? lot of natches A One on the outside was I don't to the entry right likdthat. outside ofthis of that in there. building? little building, may- Maybe not th t far. whera did the bell know where. ring? I didn't see the bell inside ��-12- Cross Examin tion by Mr. Ott: 1-X.Q You were t the rear of the store room, you didn't go in the front door? A No, sir. 2-XQ You were there saw Mr. Harpine dis~over five at the re r. the six jars, You did come upstairs I believe then after you said six, you which ,,as it, or six? A Six, the way I counted. Five full 3-XQ Did you bring it up after ones and one about half r. Harpine had discovered it? full. What did you do with it? A Brought it up through the store. 4-XQ You and he together? A Yes, sir. 5-XQ Isn't it true that time Mr. V. L. Kennedy denied having any- at that thing to do vith it? A Yes, sir, he did. 6-XQ Did Mr. Kennedy make any objections to your searching the building at all? I never taken the warrant in there. MR. EARMAN: What statements, if any, did V. L. Kennedy make hen the liquor was found, when you took it upstairs. What statement did he make then, that is, if you recall? A Well, he denied the boy nd told it, he said it wasn't the boy to tell them whose the liquor • E_ The boy stood there his and he turned a while, N: around to was • That was Glaude? he didn't say right a:va , and directly he said it was his. MR. E · N: I/hat, if anything, did he say about occupying or leasing the premises? I don't anything about that. remember what he said about that. I didn't hear him say ��-13- MR. H. S. HARPINE recalled. By Mr. Earman: 1-Q Mr. Harpine, liquor that gallon jars,td is the was found over there one about A Yes, sir, liquor half on the ouly sworn, in a pasteboard testified occasion here on the table you made the raid, the same five half- full? MR. JOHN LOGAN, a witness first on exhibition carton. introduced on behalf of the Common1ealth, being as follows: By Mr. H:arma.n: 1-Q A 2-~ Mr. Logan, when th is search was made? No, sir. How long have you been on the A Twenty-t 3-Q you were not pre sent o years this police force? coming April. Have you had much experience with prohibition cases? S:ome. 4-Q Can you tell A Tell 5-Q A 6-Q other that better iill It it moonshine by the you kindly smells like whiskey smell. examine that a great you to say it you didn't ex mine, that of it and state deal I understand look at all when you see it? and just of it. state do you know in whose custody s· w in the what it this what it is? jar). i;he same as the ( itness examines all the same.) r. Logan, jury (Examining is about you just to the jars rest of it. The thare, maybe you and states it is ia. other liquor jars has been since it was seized2 A 7-Q It was taken He keeps over being first in his VAN PELT, a witness duly Chief. it where? A He bas a locker MR. C.R. to the sworn, testified office. introduced as follows: on behalf of the Commonwealth, �' �II -14- By Mr. Earman: 1- You are r. C.R. Van Pelt? A Yes, sir. 2-Q Where do you live? A I live about ten miles west, 3- out towards Clover Hill. at is your business? A Electrician. 4-Q By whom are you employed? A Harrisonburg 5-Q ,fare Electric Supply Company. you employed by them some three months ago? A Yes, sir. 6stalled Just st te to the jury what electric in V. L. Kennedy's equipment, basement som~time last if any, you in- fall. I installed-7-Q I will ask you first A I don't couldn't if you remember when it was that remember exactly, somewhere around three you did this? months ago. I say for sure. 8-Q fuo ha.d the work done? A Mr. Cooley sent me there, 9 Who told Mr. T. R. Cooley. you what w s to be done1 A Mr. V. L. Kennedy. 10-Q What work did he order done'Z A He ordered two lights outside entrance and the s,itch on the inside at the inside of the basement and one in the entrance to his part of the base- ment. ll-Q There were two bulbs in the basement proper? A Yes, sir. l2 One bulb where else? A In the outside entrance right over the lower door. 13-Q By the door frame1 Yes, sir, on the outside 14-Q The lower door, of course, there, the lom,r door. is the door at the foot of the steps? �'-- �-15- A At the foot of the steps. 15-Q Was there where you put this a hole at that time, or did you notice, in this door light? A I never noticed in particular. The door w~s open all the time I was v10rking. 1Vhatw s the object 16-~ of putting up a light at this MR. OTT. I object to that. an opinion, not a fact. place? It is calling for THE COURT: He can ask him what would be the effect of it. 17-Q What would be the effect A It would light Is it 18-Q of it? the steps. customary to put a light at such places? MR. OTT: Object ion. TH~ COURT: Objection sustained. Vhere v,as the switch? 19-Q A The switch was at tho door leading ment over into 20-Q r. Kennedy's. Figgatt's from the other part of the base- part of the basement. At the passageway between the two basements? A Yes, sir. 1{as there 21-ol anything A Two buttons 22-Q Where else that you installed? and a bell. ere they? A The bell was L~ the rear of the store button; one button was at the outside entrance, and one was about the center 23-Q How high up on this S,o you could reach 24-Q stairs entrance Could it to the basement, of the store by either outside the on a post. post was the push button? it handy. be reached upstairs? part to his store and was operdted room there. I put it according I mean there Could one reach it to my own idea.. is a kind of an upfrom upstairs without lying dovm? A I would not see how. 25-~ Pushing either of tha st ore room? one of these buttons would ring the bell in the rear ��-16- 26 You don't know who paid for having this A No, sir, 27-~ es and all I don't Did Mr. thin know. ennedy tell sort work done, ordo you? you vhere to put these push buttons and switch- of thing? A Yes, sir. 28-Q Did his son Claude take any part A I don't 29-Q install~tion remember of seeing not as far as I know. 1'/as there ennedy's to do with the equipment except V. L. Kennedy? A No, sir, under him. Did anyone, so far as you remember, have anything of that 30-Q in it? any way to get from the st ore room down in the baseu1ent store? Yes, sir. 31-Q Just describe and wanted that to the jury,please. to go to the basement, He had a door that If Kennedy ~ere in his store how would he get there? led th rough to Figg tt' s place, that is the way to go down. 32 One staircase leading down, as I understand you, between the two basements. A Yes, sir, a door enters the other side from Figgatt's store. That is the way I went dovm, anyway. 33-Q That is the only way to go down? A Yes, sir, 34-Q store from inside Is the same stair have a separ ts stair A I don't 35-Q the store. That is the way I went down. case used by both Figgatt and Kennedy or does each case or do you know about that? know for sure. It looked th t ,,ay to me. Do ou happen to know, or not, that both store rooms are owned by the same person? A No, sir. Cross~xaminat ion by fr. Ott: 1-XQ If I understand tric Company.? Yes, sir. you, you are an employee of the Harrisonburg Elec- ��-17- 2-XQ And some three Kennedy's store ont s go, or ma.Jbe a lit here on 11est .:arket Street and for a bell. It is true, which is over Mr. and tne other there? stores and installed at the same time, Kennedy's residence, le more, you went down to that eilly's some wires for lights you did some wor store on ,est t ~r. 11arket Street A Yes, sir. 3-X~ Now, if I underst nd you correctly, A Two on the inside and one outside you put two lights in the base- ment? 4-XQ nd one outside you s~id about the the door. bells. of this Now, I don't Did you install door. know th3.t I clearly more than get what one bell? · A One be 11 at the store. 5-XQ You spoke about push buttons. How many did you have? A Two at the store. 6-XQ vv'hare were these? A One at the center of the store 7-XQ You said you had another room. She was sick, was she not, A He had a button 8-X bell. room· and one at the back entrance. That happened to be in and he had one put in there put on the same bell that rs. iennedy's for her? was there. So she could ring him if she needed anything? A Yes, sir. 9-XQ Now r. Van Pelt, was any secrecy observed I want you to tell by you at all done, or whether he did that A I didn't 10-XQ He didn't A jury .vhether or not there about Mr. Kennedy in having this rork open and aboveboard. see he had any secrecy tell this you not to tell at all. anybody about it? No, sir. MR. E,illMAl: Did you ever install any such s stem as that in any other basement? MR. OTI': I object to that. THE COURT: Objection sust ined. ��-18- PITI'INGTOi.~, a witness being B first duly sworn, testified Mr. Pittington, just int rod ced on behalf of the Commonvrnalth, as follows: Mr. Ear~ 1-Q tric equipment at r..r. over Kennedy's The only thing A nedy wanted and he just side door, of his state some lights basement. Did you see sent to me tha.t in the wh t you know about jury ·r. Cooley I Know, explained to the basement see what a push on a switch elec- it? e down to he wanted this :r. Ken- butt on on the and also out - a push botton an Pelt' s tes- u st·irs. 2-" tiuony, Mr. V. L. Kennedy did you, or not·. Yes, 3-~ other sir. man did the 2-X do it b Yes, secretely ffi. first and cidn't that's man who tole Ivir. you what he wanted? me he ,1anted want to go down in the thctt basement, work done. and the right. .r. Ott: to J,ir. Kennedy at allabout the work? sir. Did he tell A being sir, Did you talk A You heard work? Jxamination 1-XQ the you? was V. L. Kennedy '1",hotold You bad a cold Yes, Cross Is that It w.ho one/told is the you not to "tell or anything of that anybod, about it, tb1:2.t he wanted ou to kind? No, sir. CLARKE LI KEY, a v:itness duly sworn, testified introduced as follo\ on behalf of the Commonwealth, s: By fur. Earman: 1-Q You are Ir. Yes, 2-~ east you, in the You are a son of Yes, sir. ·r. Liskey, city? Yes, Liskey? sir. of Harrisonburg 3-~ Cl~rke sir. near 1r. T• A. Liskey Cedar and live some two or three miles place is, Grove? you know where V. L. Kennedy's of business do ��-19- 4 I want to ask you a fei s er them. Did you ever A Yes, 5-Q sir, through How long has that Two months It has get been quite ago, questions, any whiskey the no doubt over basement rear reluctant of his to an- basement? part. been? I have an idea. a while in the you are I don't just know about the date. ago. MR. OTT: I object to that on the ground that he has not said he got anything of 1r. V. L. Kennedy. Tl£ COURT: Object ion overruled. MR. OTT: Exception is noted on the ground that the evidence of this witness does not specify that he got this of r. V. L. Kennedy. 6 Just to get thiG st""te to the whiskey. Just jury the procedura what was the ;R. O'IT: that you went through in order system? I object to the whole of that testimony. THE COURT: Overruled. M.lt. OTT: Exception is noted to the ruling of the court on the ground th t this evidence is inl!leva t and immaterial to the issue in this case. Just what did you do, A I went 7-Q /hat to get door down there. in the the liquor? door? The basement know for in order door. I guess it is in the rear of the store, I don't sure. 8-Q Did you do anything A Rang the 9-Q Beside the I don't 11-Q fter pecirs that there A 12-Q A basement? be 11? into thio little shed like. Did you close thedoor'l remember. you got are I didn't down into some auger sea anything this holes little through happen there. Vhat did you doZ I got this door. 1O-Q Then you went A you enterad bell. iJhere was the A before what I went in there after. shed, this what did you do? door. It ap- ��Hor did you get it? 13 else was about t ere, A 14-~ A 15 who as on the I don't Just .IJid someone ask you .-,hat you ,vanted'l inside? now who t1us on the inside. what did you do when you walked up to that I don't who door? remen ber any more what I did do. Did you tell them you-MR. arT: Leading question. THE COURT: Objection overruled. MR. arT: Points ved on the ground that it is leading. 16-Q How did they know you wanted liquor? A I don't 17-~ inside know if it•Jas a man in there ,Jhoever w s inside, of this or not. a man or woman, how did the person on the door know ,hat you wanted? A I asked him. 18- Asked him for a drink? A Yes, sir. 19-Q Then ,,bat happened? That's al that happened. 2O-Q You got your drink, did you? A Yes, sir. 21-~ Where did he put it up, in that little door on the metal plate A Yes, sir. 22-Q ,i/hat did you pay for it? A I don't I h ve forgotten. 23-,; don't remember any morewhat I did pay. Not so much, thougn, Don't you know whether you I don't think. paid dime, quarter you remember? A No, sir. 24-Q Anyone with you? I don't 25-Q think How often there as. were you over there, A i~ever but once that It has bedn so long ago I remember of. or fifty cents, ��-21- 26 How did you know you coul get the liquor there? A Someone told me I could get a drink around there. 27-Q How long after you pushed that button before you got it, did you have to wait some time? I waited a few minutes. A Service 28-Q good, w sit? Yes, sir. A 29-Q moonshine pretty Vhat kind of liquor was it, was it red liquor, white lio_uor, or liquor? A It was kind of dark. I couldn't tell whatcolor it was. I didn't pay any attention. 3O-Q aybe it uas water you drank? I don't think it was water. MR. OTT: -rwith deference out that evidence does not show that on th ground that court, h,.i.- I want to make a motion to strike from the testimony th is 1 iquor was purchased and it in no way connects immaterial to.the from the defendant, V. L. Kennedy with the sale of this it V. L. Kennedy, liquor. It is ,.-1 and irreVB--lEmt--1 say that with deference of it \"lill be immaterial and irre~-&nt. introduction of the witness, ,U,-v t~ • of course, I to you--and the I suppose you overrule that? THE COURT: The motion is overruled. This evidence is not a prosecution is admitted, for sale but prosecution under the circumstances, whether or not the accused knowingly possessed for possession. to go to the jury to determine this liquor • • OTT: An exception is noted to the ruling court, for the re· sons above stated. MR. H. S. HARPINErecalled. Re-Direct Examin tion i3y 1\!lr. .t!.arman: 1-Q hen you seized r. Neff carried 2 -Q A this liquor over at Kennedy's, it up in the store. llhere was it taken to? v✓e ta en it over to Chief's office. This of the what did you do with i ? �,- �-22- 3-Q A F. L. Dovel? Yes, sir. 4-Q The same day it It found it was turned at night. 1as seized? over the We took it next morning. over next The chief wasn't there. We monning when he came in. No Cross-examination. MR. F. L. in6 first dul DOVEL, a witness introduced sworn, as follows: testified on behalf of the Commom:ealth, be- By Mr. Earman: 1-Q A Yes, you by H·rpine iby, it 4-Q Early Yes, of the City of Harrisonburg? whiskey--there that ,as some whiskey was seized over here at turned over to ennedy's? sir. ,fuen did A was this and others Yes, 3-~ of Police sir. r. Dovel, 2-~ A F. L. Dovel, Chief You are come into it ,as turned the next your possession? over to me in the morning after it orning v.as alleged early. to have been found2 sir. What did you do w it h it ? 5 A I placed in my office it there down on a little in a little shelf cabinet all by itself. I had built, The lower and carry the shelf key to it my- self. 6 Does anyone else have the key to it? No, sir. 7-"1, Has it Yes, put right 8-~ At the trial it cabinet was taken from that out at the time call until trial, today? and after that it was place. before ayor Swank? sir. Mr. Dovel, Yes,s 10-~ sir, back in thesame Yes, 9-Q been in the do you know V. L. Kennedy? ir. Do you know his gen ral reputation here in the City of Harrisonburg �I �-23- for violating the prohibition Yes, sir, law and if so, is it good or bad? I know it. Whc:l.tis it? 11-Q It has been bad for the past four months. No cross-examination. MR. JOHN LOGN recalled a-direct examination By !vlr. ~arman: 1-~ A a-~ You know V. L. Kennedy do you not, Yes, sir. How long have you known him? long time. A 3-~ violating ~r. Logan? Do you know his general the prohibition reputation in the City of H rrisonburg for law? A Yes, sir. 4-~ iJbat is it, good or bad? A Bad, for the last four or five months. No cross-examination. MR. H. S. HARPINErecalled. Re-re-direct examination B Mr. :2:a~: l risonburg Do you know V. L. Kennedy's for violating the prohibition It has been bad since months that I know of. No cross examination. The Commonwealth rests. general re put at ion in the vity of Har- law, and if so, is it good or bad? I have been working on the force, the last two ��-24- t the conclusion of the moved to striirn it dict which moti:m the of guilty, the defendant by the out, evidence by counsel Commonwealt' Kennedy, i1; excepted did not the Common,1ealth, was plainly Court vas the to defendant sustc1.in aver- to which action ground the the insufficient overruled, on the show that V. L. Kennedy or that fro.!Il which because for that liquor the evidence was in the owner or the of the introduced possession occupant Court of the of V. L. premises it was taken. TESTIMONYFOR THE DEF.:i:HD 1.Nl'. MR. CHARL~SHU~~1 N, a witness ter bein 6 first duly introduced sv10rn, testified on behalf of the defendant, af- as follo'ls: By Mr. Ott: 1.-r You are Mr. Charles Yes, 2-~ north 'fu<1t is your A You are A Yes, 5-Q a contractor the fellow of ·,r. or not, Kennedy's sometime store put Judge r. ennedy' s store Paul?" enough. in February, here? the were talking 11 • "ifuat a week after store", th is. about nd he said "This that and 1r.-- "Why don't is a mes& here". I said, Paul "I underst· 11 I will at it go in to all you do "He ·.vants a pair 1 met Judge and looked did you find?" THE COURT: Don't no work, he said and he said, I went around in the re and the re was Lambert, "What work", him about hennedy you go down and looK 3.t it and he said, and I went I Vl8nt ha.ck and I said, In about to do it? one day and saw Mr. Lokey in Street--iv'r. I said, rlouse and I asked ::,ome 10rk done about and they name on Bruce b ck here". was a mess sure ~ourt by and how did you happen men ia there, man's work for office, by occupation? whether I 1,/'anted to go home with, or five wb t is that at the jury rear I/hat did you do there, the of steps enter sir. A I came along some four Linville. I did. 6•Q the or car you did some work in the there, near age? I wish you wouldtell A thio of here, Sixty-two. 4-Q 1932, do you live? Four miles 3-~ I believe? sir. i/here 1 Huffman, It down here nd you want be glad to have and want b-ick to that. ��-25- Did Judge Paul 7-Q Kennedy's the Yes, 8-Q sir, he is the in the rear of r. man. is one of ttie Judge Paul owners, andrepresents the other owners of building? Yes, A sir. 9-¼( Now, what did you do, what was the up nature of the building you put there'! · :e11, A part it was the of it had fallen I said the place down. that 10-~ over Did you, basement A under it in, a part of the me what I thought is to clean this roof, a it, and about out andp.1t up some steps it. at Judge Paul's ~r. had fallen The Judge asked only way I see to fix and put a building the cellarvray store? A the employ you to fix Aennedy's direction, build the cement steps down to Store? I did. 11-Q nd did you build a top steps cemenf at the over these direction of Judge Paul? Yes, sir. 12-Q A 13-Q that Have you looked I did this It there are you made, and one at the 14of the door and some kind side A 16-Q you A one outside of the something remember that, since you have been in town? stamps going of this onto the enclosure basement. about there about being the center a hole of the in the middle door running Did you see that? ister. today? I saw it today. 'llould you te 11 the ,ere bottom the door. Did you see that Yes, two doors, of a contraption goes trough I don't 15-Q today sir. Somebody has said on either 'lork again morning. seems that Yes, time t that doing jury ,hether your work there, I would tell them I don't or not that was on the door at the or not 'Z know. I didn't ao anything to the door ��-26- except run my cement was banked So, ihether you don't 18-Q sir, Well, time, basement 19-Q or not that I don't now, with tell Rags, the just 20-Q or A 21 It A A lot of rubbish to this this hole basement. in the center of the What was in the busement as you can? half rotted in there. up, straw, I taken it Did you take ashes and water around it out? out. Do you happen to know whether the rubbish there belonged to other r. V. L. Kennedy? I don't kno ·1 who it belonged to. you to remove that I went to put the steps directed rubbish in the cellar? in and clean the 'o:i.sement up--Juoge Paul. you to do that? Ye , sir. 2-3-''"' I think you have made that steps clear, but in order did V. L. Kennedy have anything no misunderstanding, A was there, door. Judge Paul 22-Q regard old bed ticks, Who told A of those the time. know. as briefly A Oh, my,yes. people, The door ~as open all know? fo, at that door. up there. 17 door, down to the or that to that there do with the might be building shed at all? No, he never said nothing to me. Judge Paul hired me. When was that? 24- I think I commenced the re Febru ry 8th. Cross =Xamination By Mr. Earman: 1-~ trical Judge Paul did not direct in any push buttons or elec- equipment. A No, sir, I didn't • LA1JRENCE DAVIS, ing first By ou to put duly sworn, You are :r. do anything a witness testified·as Lawrence like introduced that • on behalf of the defendant, be- follows: Davis, I believe, and you are cook for the Nor- ��-27- mal--the Harrisonburg Sta.ts Teachers College, re you not? Yes, sir. 2-Q You get off one afternoon a week, do you not~ Two. 3-Q Have you been spending, your time lo fing for the l st year or t a good part 10, of at Mr. Kennedy' a place? A Yes, sir. 4-Q Have you ever gone outwith on business him into tbe country when he would go out for himself? A Yes, sir. 5-Q ~at Y{ould you say with reference to--has he any fruit jars over there? He did have. 6-Q How did he acquire those? A Oh, go out to sales suppose, to se 11. 7-Q fruit and buy them up, and brought them back there, I I bought some of them. Do you know, as a matter of fact, that he frequently bought and sold jars? Yes, sir. Cross Examination 1- by Mr. Earman: Did he need them in his business A I suppose he did. it, over there? He made a profit on them as well as the rest of I suppose. 2 You say you loafed ,about the place work, Mr. D-1vis. you hear that ,lhat was the significance bell there, was any such bell Did the trial down he re, that there? is the first. I never paid any attention. 4-Q c 11 bells? time to hear it. Did you know there Not until of having those ring around there? A Got my first 3- a good deal when you were not at How many jars did you buy from him? A Three or four dozen, 5-Q To put up fruit? something A Yes, sir. like that. It may have been �, �-28- 6-Q A 7-Q ~ 8 -Q A He had plenty Yes, to suppl your needs? sir. Vere they new jars I don'tthink or old ones? they were new ones. Old ones? Yes, sir. MR. STANLEY FIGGATT,a witness ing first duly sworn, testified introduced on behalf of the defendant, be- as follows: By Mr. Ott: 1-Q nedy, Ar. Figgatt, you, I believe, have the store room adjoining .Mr. Ken- do you not? A 2-Q A 3-Q Yes, sir. Is there a joint Both parties There stairway use the is an opening room, out to your stairway, between the two stores? same stairway. from the Both have the Figgatt and an opening store same entrance. room, from your from Mr. rCennedy' s store store room into that same stairway. Yes, 4-Q this Do you, basement A 5-Q A tles being or had your father, during his lifetime, also at times used there? What do you mean, our basement? No, I mean the 1ilell, down in there 6-Q sir. basement no, not that sometime I know of, and look around, What I mean by that, down there, under some· beer someone, bottles. ,r. Kennedy's not specially. but we never I think, store. Somebody might had any use for has testified Do you sell about Budwei er walk it. some bot- Beer there in your store? A 7-Q Yes, Did you have any of these der Mr. Kennedy's A 8-Q sir. Yes, empty cases down there store? sir. Do you remembti r about how many you had down there? in the basement un- �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1933 Title A name given to the resource Commonwealth v. W.L. Kennedy Subject The topic of the resource Misdemeanor Possession of Alcohol Description An account of the resource Defendant charged with misdemeanor possession of alcohol. Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_012_007 Kennedy https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_012_010-commonwealth-v-walter-berry.pdf c5defd9befc6be9a87f425b23d79ae03 PDF Text Text Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: Y01t are hereby commanded to surnrnon........................................................................................................... ~:;t:/~. ?l::tz:::t.'~~ .. ~~~t~t 1:7tf, :: ;~:;a;.:i:~:,ea~::.~::g:h:f ..~;e~?l!/t .. a.t···'~e... ..~.~.u-se to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ...................... w~):;\h::;:;:h;J,:~,:,'.~~f:t .·~,,d.h@~··,hrn··•~~·,~~:~·~h Witness, ]. day of. ...{J?. B RT SWITZER, Clerk of our sa~ourl, at the Court House, the ............ 19-::l.±,anclin the .../SC/..... y 11 J/2 the ./.<? ................. . Commonwealth . .:.-rf~.... "'·;..,•~~; ..,,.. 1,:.:7., Clerk THE SERVICE PREU, HAI\J.JSONBUa.G, YA. ��Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to mmmon .......................................................................................................... to appear, before the Judge of the ~~ Court of Rocking!:!;J!J-_ at 9:30 o clock, a. m., on the ... ./6............. day of. .... ... d . at the Court House thereof, . .. .............. ....... 19 .;J..;/- to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY .................... .. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::wdlt.?..:·~···::::::::::::::::::::: who stands charged with a felony misdemeanor. ····-·····r And this you shall not omit under penalty of £100. Witness, J. day of. ............ TH2 SU.VICE ,uu. c./.1..ucu"""'' HAU.lSONauac. SWITZER, ..... YA. And have then and there this Writ.~ Clerk of our said ,;0urt, at the Court Hoitse, the .... ..:3.1', and in the ....lJ.: ........ 19 . eC /':!............. . onw. lt~.7: ..v.7-:~ ...~t-:'J..i.,,i.":-:r/ .., Clerk ��Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ......................................................................................................... ·····•··•········ .. G'o/~; ~:;,.;,: p;u...;~~ ..·····•·····················................................................................. ............................................................. . , to apjnar before the Judge of the Circuit Court of Rockingham at 9:30 o'clock, a. m., on the .. /,§4. ....day of. .... at the Court House thereof, a ............................................. ;1.d 19 to testify and the trnth to say in behalf of the Commonwealth before the GRAND JURY .................... .. .... ::::::::::::::::::::::::::::::::::::::::'lfW:~:::::::~_:::::::::::::::::::::::::::::: who stands charged with a felony misden:e:nor. f And this you shall not omit under penalty of £ 100. Witness,_ ~OBE~T d,y THE SWITZER, of {f~ SEJ.VJCE PllSJ, 19 HAllllJSONauac. 'YA, And have then and there this \\7r~ Clerk of ou: said,,fourt, at the Court House, the ../£. J '/, ,nd in th,//! ~~r o4:J;:7"~' Uh.. . .............. . ' Cl"k ��to appear before the Judge of the Circuit Court ~gham at 9:30 o'clock, a. m., on the /J.?,,#.!.. day County, at the Court House thereof, of...............~ .........19.~~ testify and the truth to who stands charged with and indicted for a felony 'l'l'mtitmreanor. And this ... ,t.~ . .............. ..... shall not omit under penalty of £100. And have then and Witn~/1!· R~BERT d,y of E/,u,,;f, THE r ..... _~ there this Writ. SEK.VICE PRESS, SWITZER, Clerk of our s~urt, 19131(';.,1 m th,[~~ HARRI ONliURG, VA. at the Court House, the . , Cle,k FORM NO. 5 �Executed on the 8 Day of Nov,1934 by delivering a true copy of the within summon to Edgar Pursell,George Boyers,Casper Branner,John Coffrnan,Shine Powell, 1~rgarett Davis,Charlie Filtz,Charlie Harmon,Iny Burkholder,Lee Pitt,Harry Heatwole,Mrs Lee Cpffman Saylor Neff.each in person. ~,'//~~Deputyf » I % J1J for C.R.Fawley ~ ~ ~ '( ~ S.R.C. ~~ ~ . ~~ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: Yott are hereby co1mnanded to summon ................... ....... . :: 1 ;1:;:a:,:::::~ c:.h:1:1::::h:f;~cv,;(~~~rt :h;.¥, o~ ~ock~/';t1.'. ~~·-·t~~ ..~~1,r.t.~o.1tse 1 to.te,ti/y ,n~th,. l,,,,h. to.>"' ,nb'h~lf of.';;::;:;;;:th~···················.············ who stands charge~nd indicted for a felony 1lflffckmeaf16P. And this ............................................. shall not omit under penalty of £100. And have then and there this Writ. Witness, L day of ......... THE OBERT SWITZER, Clerk of our said Court, at the Court House, the .... ...~: ..... 19'7.¼and SEK VICF PRESS, HARRI ONBURG, VA. in the I'lj-~ar f.#.!.... of the Commonwea±. .~.✓-~-···-~···, No. 457 Clerk �/)I~ ~ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............. ........................................................................................... . :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~:;:::~::::~_dE,;],.:::::::::: to a pear b fore_the Judge of the Circl!l:/1,rt . , . of Roc';j-lJ!:am County, a! ... 19 .#f-1-o testify /.L . ......day of. .... .. ...1/~- ., on the ... say in behalf of the Defendant in the prosecution of the Comm .............................................................. ;fteCourt .Ho1tse thereof, and the trnth to wealth against. .................................... . .... ············· ~~·········· who stands charged with and indicted for a felony mi.sihmeanor. ...... ~....... ...shall not omit under penalty of £100. And this And have then and there this Writ. Witness, ';;ROBERT day of. .... . .f(~, THE SERVICE -,,-LL> SWITZER, Clerk of our said Court, at the Court House, the ..../. ............... . 191dnd PRESS, HARRISONBURG, in the V.-\. /.:?7,./itear of the Commonwealth. . .z7.~.~✓-~~Clerk FORM NO. 5 ��In the Name of the Commonwealth of Virginia: who stands charged with and indicted for a felony mfntemeanor': And this ........ , ..~.:/..: ~ ............ ... shall not omit under penalty of £100. . A11d have then and ~ there this Writ. J. ROBERT \Vitness, SWITZER, Clerk of our said 7J.l,-_41. .......19..1..d,and da-y of ....... . in the 15 . ourt, at the Court House, the . .. f.,.{ year of the Comma wealth. ··fil:.r.~/ THE SER VICE PRESS, HARRISONBURG, VA. No. 457 f;............. . ,... ····-~--~·-···, Clerk �Executed on the 9 Day of Nov,1934 by delivering true copy of the within summon to Dr F.L.Byers, C.R.Fawley,J.H.Boyce,John Logan,Clarence Leake, Ella Fries Black,Edna Fries,Everett Fries,Authur Bosser,David L.Fries,Dennis Rosser,K.M.Giggs, Dennis Clint Ray,and Joe Neilson each in person. ~r.:~~ Deputy for C.R.Fawley,S.R.C . ?~ . )-... "' t ' a • ~~ ~ ~ ~ ~ 1 .* �In the Name of the Commonwealth of Virginia: Y:;,;:,by~···~{io•···~ to appear before the Judge of the Circuit ourt of Roc~ounty, /.J.:. .......... day of. ..................... at 9:30 o'clock, a. m., on the . .. say in behalf of the Defendant at the Coitrt House thereof, ........... 192¥,o in the prosecution of the Co~o·iwealth ~ ······························································ai·~~ testify and the trnth to against............ ............. . ~.~............ ········................... .... .............. who stands charged with and indicted for a felony nwdemeanor. ~ And this ..... ......... ..... ..shall not omit under penalty of £100. And have then and there this Writ. L ROBERT SWITZER, Cl"k of /W::fA: 1,'?,/.m1 m th, [ Witn"Jr d,y of THE SEN.VICE PRESS, HARRISONBURG, VA. om ,,,;~Ml, ot th, C<m,t Hmm, th, /t~ 2li!t:t::i.:Z::~ ct,,; FORM NO. 5 �..b .. ~ .. ~. I f j ✓- '..·.· /J-Ut:I. /;,,, �Commonwealth of Virginia: You are hereby commanded to sitmmon ..... ~e:.e=.~a.... ~~~~.t~:.~ I I Br.--::::*::~~~:::/:::a:::if:.::~~;:;::1l:::~ :::~:~::~;;;L:::::,;~:z~::::::::::::::::::::::::::.::: who stands charged with a felony misdemeanor. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J, ROBERT SWITZER, Clerk of our said Court, at the Court Home, the ... / d,y of . ..... TIIK SE'kVJCE PR.Ess. {l&!d.. HARRISONBlll\G, 19 fef,nd in th, J~~ttrt:::Jt~ ' L 'YA. ?.:#::. C/e,k �E. livering a crue cop), hi. ~ ) ~ ~~~ ~ ~ ~ ~ ~~ �ARREST WARRANT day These are therefore, in the name of the Commonwealth ______________________ to law. u forthwith of Virginia, to answer the sai to apprehend and bring complaint and to be further dealt with according And you are required to summon ______________________________ ----------------------------------------- to appear and give evidence in behalf of the Commonwealth, Given under my hand, this _ 3_ on the examinati: day of tou7;ng ~-+-~--w-' the said offence. --¥-C>._,,,_,,"'"'1"9-"~3~,-=-/--."-T. J.~~li.:. �STATE OF VIRGINIA-COUNTY OF ROCKINGHAM, I,-----------~~--~~ TO-WIT: ~----,--- _________ (T. J. or J.P. or Bail Commissioner) of Virginia, do hereby certify that_________ as his suret Commonwealth of Virginia in the sum of _____ which they severally waived their exemption, , in and for the County of Rockingham, _ _____________________ __ , have this day acknowledged themselves _ indebted dollars ($_______ _ to be made and levied of their goods and chattels, yet upon this condition: _______ State and _______ to the ) as to That the said shall appear before the Trial Justice Court of Rockingham County at _______ , on the _______ day of _____________ , 193__ , at ____ _ o'clock A. M .. and not depart hence without leave of said Court, and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with said charge, and then and there answer the Commonwealth of Virginia concerning the within charge until the same is finally disposed of, then this recognizance shall be null and void; otherwise to remain in full force and effect. ___ Given u1,der my hand this, the day of __ _ 193 T. ]. or J. P. or Bail Commissioner ·~--- I .... .., "' ;::l 0 V -~ ...., VJ ;::l ........ .... (tj I-, f-< t:: ~ u 0 0 cil ·s ·;:: C: C: 0 ! u v.:=: C v u t)I) 0 C: i::i:: .... ....... C: O 0 o C :,u "' O S -~ E t)I) v><.... C 3 .!:! ·'<-...c .., ...C V ..,"O "O"O > ~ 11i?; ~ ~ VJ -.~i S.:2 .f: t)I) ...c C: .., .... .... .... ,-1 Cl) ~(\I s ::! "' c3c: C: C: "'Cl) ~ ;:,-. "' "O ""O ~ dJ t::...o ?;...c .., "' 0 "' ?; "'0 Cl) z.., c:·- .., ~ .., I-, u ;:,-......., ...0 0 ;:,-. C:"Q .... "' .... ...., I "O ~ 'fZ Cl1 C: ~ µ,l ~ a ·-;:,-. Cl) .... ....... 0 c:,S..,0 C: 0 .9 ...c .., -~ Cl) ~ z ~ c., Q 0 ,-.. ...c .., ....... 0-0 0 C: VJ 0 ::! - - - --- - -- <U 0,6 VJ ·-.., u ·v"' u ·p ><-0 v C v'+l "' ,-..., ::! ...c.., . 0 ... 0. "' ;::){3 Cl) Cl) C ~ S-5 Cl1 C: ~ "' " "'"'0 .9 V 0 ~ Cl) 0 Cl) ~ C: ~ ~ ·a t)I) C VJ ~ u u C: "'Cl1 "'-O u C: .., 0 "' E Bu C ~ .B ... .... u cil ·;:::: ... s ::! t)I) u u .... .., \ "' j :c "' .., ~ ..... u V) V) ::! ,-..., VJ Cl) f-< ~ r.n I ...... "' Cl) ?; I O cil .., I C: ;:,-. u sE 8o 0 tj ~~ u~ 0 "' 4,1 (1) ~ ...... ·@ ,-..., f-< " -~ .., VJ ::! I::' "' I~ �// The jury are instructed doodl-:, gi v0n With oditatod necessity before ea on in the previous prima fo.oic, killin.~, the uccusod have been some act or something in of the present for of' by the pu that bodily deliberate one on the part th deceased into present ces must peril indicuti ve of the de co.sod to The a.ct so done or the ruust have accused there i been of ,..uch , reasonable grounds to do him some intondou harm nnd thot such d sign the there meunin- circ, · sta attack. fmd and that circumstances; deceased lie attending as to afford rrying ,Jop~e~sj.on can ::.--clyupon self.defense t 1us existing, belicvin serious wound upon the defendant extenuating ke the apprehended circumstancos wilfull, ncl thro·1 of proving character a mortal . r:- ~ ~ ~~~~~~ of the slayer/l1s pr that rms cdiato 1 incmt execution. danger �/ �INSTRUCTION ~ The court instructs the jury: 1- That the law defines and treats as Murt.ler the voluntary killing of a person, of malice prepense, or aforethought. No conviction, or ver itt, of guilty of murder could properly be found or sustained unless the evidence established to the mina of the jury, beyond all reasonable doubt, that the killing was done both voluntarily and of malice aforethoueht; 2- It is expressly provided by the statute law of Virginia tha.t" Murder by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or int e commission of, or attempt to commit arson, rape, robbery, or burglary, is murder of the first degree. All other murc..er is murder of the second degree." The burct.en of :proof of malice in order to raise the offense to murder is on the Commonwealth. When the fact of killing is proved by satisfactory evidence and there are no circumstances uisclosed tending to show justification or excuse there is nothin 0 to rebut the natural presumption of rnalice, and the burden of rebuttal of such presumption of malice would be cast on the accused. But proof of a voluntary killing,when there is excuse or justification avparent on the proof offered in support of the prosecution, or arising out of the circumstances atten ing the homicide,would leave the accused entitled to the benefit of the presumption of law that he acted without malice, and would cause the burQen of proof to rest on the Com.monwealth to establish to the min of the jury beyond all reasonable doubt, that the accused willfully and maliciously did the shooting which caused the death. // �I J �fa INSTRUCT IO The court instr • cts the jury: fir.es an tre ts · s ....!;::!=:::iic;'"" he voll no li e iens , or ~ orethou,~ht. or ver ict, of guilty of mur e~ coul roperly ust ined unleso thu evi ence cstablishe to t1 c o he jury, eyon 11 reasona le u u t, thct the killing one both voluntarily n of m lice aforethou ht; - Tht~ th c4" of a person, tary killing ~o conviction, be foun or minu s by the ~tute 1 of Vir. prisom.e.t, cit, t· rvin~, r n reme ita ed killin-, or in tt e co ission of, or ttem Jt to c 01 it rson, r pe. r ob ry, or ur""l' ry, is ur the first All other muru.er i mur er of the seco d e ee. 1 Th· bur en of >roof of m lice n or er t raise th se m r Jr is on th Co • n1ealt. the t of killin~ is vrove bys tisfactory evi· ence n L r .. r no circl ce... i ...lo tenain__; to sho 1 justific ...tion or excu ...e there i nothin..:, to rel:>1t tl e nn.tural pre t ,,tion of · · ce, and th· rcte of rebutt l of such presumption of m lice o l · e cast on the But proof of volunt, ..r kil in· 1hen is · a tion par n t on the proo offere in suppo to c +ion, or ~risin ut of the circums rnces attcndin..r the hom i , would le ve t entitle to he benefit of the !!_resumption of l·w thcA.t dt1ou m lice, n -vo,41 c.-u e the burL1.cn of proof to r vt on the Commonwe.. l th to estn )lish to tl e min<1. of the jury beyond 1 re# s n· l uot • th t the r..ccu e · ~illfully an 11alic iousl id re shootin 0 iih'ch cal sed the eath. • It i ia xpre sly provi y poison, lyin~ in 'llful, deliberate, Washburn's Manual of Criminal Law, p. 74, 79. Horton's case, 99 Va. 848, 851 etc. Commonwealth vs. Thompson, 131 Va. 847, 109 W.E. Hodge's Case, 89 Va ~-Rt:.~~Stapleton vs. Commonwealth, 123 Va. 825, 829, 96 S. E. 801. ����I I I IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA. COMMONWEALTH v. Charge Your charge of the felony, is to i~quire as charged If you find dictment, and that and was wil¥ul, hi1a guilty death, tenti~ry for deliberate or, and the or for him guilty in the second than twenty in the malice on reasonable with degree, twenty malice years. in the aforethought, then inand you shall and ascertain for not less punish- in the peni- as charged and premediated, him not guilty second alorethought, degree, of murder but that actual provOcation, of voluntary finement his find find him his punishment than five nor more years. or of murder guilty of murder, in the penitentiary If you find without and ascertain than in- aforethought by confinement same was committed guilty malice in the then you shall any term not less deliberate of murder as charged with degree discretion, was not willful, by confinement of murder, in the first is guilty or not guilty. and premeditated, in your life, the accused in the indictment, him guilty If you find dictment, whether the same was committed of murder ment at to the Jury manslaughter, in the penitentiary he killed or implied, or in mutual combat, and ascertain for not less in the than first degree Gleaves Calhoun upon a sudden heat, you will him his find punishment by con- one nor more than five years. If you find of murder in the second of involuntary not five years, exceeding one year, degree, manslaughter, ment by confinement than him not guilty of murder or of voluntary you will $1,000.00, for in your discretion, not less assess or by confinement degree manslaughter, say so and ascertain in the penitentiary or, in the first than a fine in jail for but guilty his punish- one nor more against not him of exceeding or both. If you find him not guilty, you will or say so and no more. �Commonwealth v. Walter Berry Charge to the .Tury �d I Instruction No The Court instructs swned to be innocent 0 ~ 0 the Jury that until his guilt {alter is established Co unon•rnal th beyond all reasonable proof' resting upon the ommonwealth ne er shifts, of innocence goes with the accused presumption trial and applies tain a reasonable the guilt is find entitled at every stage doubt. thereof. doubt as to any fact of the accused, to the benefit then, Berry is preby the This burden of' and this throughout If ~he Jury enternecessary to establish under the law, the accused of the doubt, his and the Jury must him not guilty. • ��Instruction The 0 ourt the accused of the right further No instructs may have been drinking of self defence. the Jury that the fact did not deprive him �J �The ,curt the evidence instructs that /alter ing on the difficulty wise believe peared Berry, had the right by all person~ apprehended he, Berry was not cpmpelled out of danger. inflicting like- as they ap- Calhoun would was in the act in such circumstances such assault, from in bring- and if they that Calhoun, or attempted he deemed necessary, become the assailant, fault from the circumstances upon him, then to repel the ~orce Jury that the ueceased, harm, and that an assault making if they believe Berry was without with to him, reasonably do him bodily turn that the Jury the Berry assault, Court telling to retreat, bodiiy of the but rnight in wounds until his ��&, INSTRUCTIOF The court the evidence that not the considered killing fina all the jury reasonable Gleaves not maliciously, veraict shoul be doubt, that deed., they from was acting killing was justifiable, in they, upon any reasonable malicious motives would satisfied the act of the the be justifiable defense and from all doubt they should should they acquit act, in but was a in finding other of evidence, accused was an unlawful preponderance self if have And on the the that of mur er; should Calhoun, accused er ime. with of manslauehter. believe jury a whole, of guilty shootin done the as was done a verdict If beyonu instructs hand, the evidence should find the if accused the jury that that the the of any ��,-- INS TRUCTI OH __I!_. The court believe act further from the evidence lndicatin to the defen 5 instructs that an intention ant, for or that believing him or to inflict there was inminen t aanger immediate that on the part of Calhoun do bim gr ea.t personal accused. or do serious it injury, to kill and that such turned and there or injure and the jury about a reasonable there design such ci.rcumstances may have injury brought designed would carry were deceptive to kill bodily the accused Calhoun they did any overt harm upon him, under although the a pearances said Calhoun then if were circumstances bodily that execution, would be excusable; the that Calhoun as to afford that great Gleaves to kill by him of such a character ground the jury in to the killing out afterward was no design the accused, should or to acquit the ��- IHSTRUC'.I'IONNO. The Court doubt as to degree the hether accused doubt second to solve voluntary in the the benefit second degree; as to degree the the doubt the accused in favor they degree furthermore, 1hether manslaughter. if entertain is guilty second of the voluntary doubt jury the accused or of murder in the able instructs J2t of murder is their it and finr if the jur;r is guilty manslaughter, of the accused a reasonable then in the first duty to give him guilty of murder entertain a reason- of murder in the it and find is their duty him guilty o ��} INSTRUCTION NO. The Court a man shall necessary be taken consequence instructs to intend of his the that acts. / jury that the rule which he does, of law is that or which is a �j �INSTRUCTIONNO. The Court killing malice is wilful, from this further deliberate, fact. instructs 2 the jury and premeditated, that the whenever the law infers ��INSTRUCTIONNO. The Court Virginia 1s presumed to elevate of proof instructs the offence the jury to be murder to murder that every homicide in the second in the first degree, is upon the Commonwealth, and to reduce manslaughter, the burden of proof degree. in In order the burden the offence is upon the prisoner. to ��.--- INSTRUCTION NO. The Court instructs by the law in Virginia the ate degree 7~e lyinl/in wait, and premeditated to commit, first arson, degree. All jury as murd8+-JJJ~ the second poison, the Cour~~ rape, other that mu~der is distinguished first the imprisonment, killing, 1J starving degree jury murder or burglary, is murder that murder or any wilful, or in the commission robbery, and murder of, is murder of the second in by deliber- or attempt of the degree. ��INSTRUCTIONNO. The Court malice proved, is presumed instructs jury from the fact and is unaccompanied the burden the of disproving that on a charge of killing. When the with malice L is circu~stances thrown of murder killing of palliation, upon the accused. is ��INSTRUCTIONNO. The Court a wilful, that deliberate, the intention time prior intention further time of killing, the and premeditated to kill to the actual should instructs come into should killing. jury killing that it to constitute is not necessary exist any particular length of It is only necessary that such existence or any time previously. for the first time at the ��INSTRUCTIONNO.)_. The Court wound given of the slayer, provocation, tated killing, showing with further a deadly without is pri.aa the jury that weapon in the previous any provocation, facie, and throws extenuating instructs wilful, possession or even with deliberate, upon the prisoner circumstances. a mortal slight and premedi- the necessity of ��_/ INSTRUCTIONNO. The Court proven instructs by the use of a deadly is relied upon, prisoner, and to avail such defense dence. the the burden him, _i_. jury that where a homicide is weapon, and the plea of self-defense of proving such defense rests the facts must be established and circuostances by a preponderance upon the showing of the evi- ��INSTRUCTION NO • ..:]__. ~ The Court cannot homicide tells justify the taking below murder jury life, thatAwords, nor will or excuse the howsoever they reduce same. grievous, the grade of �J �INSTRUCTIONNO. The Court nesses is a question instructs exclusively where a number of witnesses the jury balanced, the all candor the other witnesses jury jury for testify is not bound to regard of the witnesses apparent the stand, and fairness, surrounding are more worthy the directly circumstances of credit, that to each other, of the evidence as equally from the aopearance manner of testifying, an~arent of wit- and the law is opposite to determine their their tlle credibility jury, the weight have the right on the that intelligence, appearing and to give on the credit and their and from trial, which accordingly. ��INSTRUCTION The court on a sudden prepense, instructs provocation the killing the killing to self First, before that / the jury or upon a sudden is manslaughter, defense, the mortal shot as far or was in such position it necessity and, . Second, that that where death quarrel and, the prisoner any combat and had retreated retreat; that two things: he had declined as he could his malice to reduce must prove was not practica~le he killed without in order was fired ensues adversary with safety, to make through mere ��The court -- a sudden provocation prepense, the instructs the killi:ig to .3elf defense, that combat and had retreated and, such position 3eco_1d. that that where the that the mortal it he killed ,,as not his and. in order .,as fired as he could p..i.acticable adversary ensues ;1ithout Pl.,i,.Joner must shot as far death <1uarrel is manslaughter. Fir.it. in jury or upon a sudden killing before the prove on malice to reduce t:10 things: he had declined ~ith safety, any or was to make retreat; through mere necessity. �• �COMMONWEALTH v. ) (homicide) Felony WALTER BERRY I 0 �·.~7~- ,-~~~~-_3 )--~,, /~ f 4/1'-h ✓/'~cut-· rY~ rf}~ 6k~~ l d lf-~~JUL ~ · w~t&. caCut_ · 1 ZX;v°'~ f CJ (/~ / ,; I L hlc?~?; '-P /) r-/ ,. ~ ~ , - ....P7> / :,£__QC<:-?-~ •? I I /' - �ll>-t.. !0"1~ . ~ r J ♦ ,l l.(- l WU.le.."]' ~ Ju.« Ul. /.t, ~r j- {) tt l' <:w<l._ ,.,._,l1L~ / cl t/U ��LTH F VIRGIND U1,.,_ Y uF ...VvKL.JGF ~, To-wit: r I1. tlro e1rcu1 t Co, rt s /2,1~/:!c T 1e/\:urors for the the said do reseL t, of th boa.y of the ourt at that in said Gounty, alhoun, against \.J0 ....:.1-onweel ounty its the Terru, Berry, feloniously peace of Vireini£ of Rockingh1 ctober ,ml ter th did , and now attending u,.on t'1eir 19~ 4, on or about. kill , in and oeptenber c.nd murder and die;ni t:r of the oaths 30, one Gl i 934, tlrl;.S Comr_onwealth of Virginia. This L, n, Glenn larance sent indictri1ent Smith, Leake before the Dr • is .1.. found L. Byers, and John Loge~, grand jury on the of .arlene C. ,.. Fawley, ~itnesses to give testimony sworn evidence. J,. H. Boice, in 'curt and �omicide H ~ \\J ~ ~ Felony • Indictment I ctober ~ ii~ { l ir ~ Term 193 .. rue Hill ,i tnesses: ..rlene 1..am enn :::imith C. - er J. :Jlurence Luake John Loga;i (o.fl If>- .... ~> ~ f1' ~ j~ . .... •arman, ommonwealth's Atty. ���Prisoners Reportof Rockingham County Jail . 19(1,.f Month of .Date Committed~.~.~ Malj~·~···· '2/Rac.,& Place of B1rtv¾:Physical ........... 0 . -~ w,i~···· City Ordg1ce Mmied ........Time in U. S ............... ................. Is~erson a drunkard? .Occupatillh'.'~ ..Offence Committed .. 1 ictim ?.. ~ ............................ State . ..... . ..Hel<l'~~y for trial... .. ................................ Sentence .... years/~ Costs ......................... Time in jaiL .................... . Held Held as 111sane ............................. . years ........... months ......or drug .. Fine ............. . .. .......... Divo,ced ........... . •L.Foreign Born .... condition Can read?.~· Held .... ... Singr·· ,.1/ .............. Held for other k .............................. . months "nitentiary . authorities ...................................... Date of discharge DESCRIPTION /( Height Weight /..tj< ~coloc OF P,RISONER of eye~ Colo, Teeth marks ......................................................... Hand marks Arm marks .... ........................................................ Face marks Shoulder Thigh marks .............................................................. Back marks ....................... . Marks .................................................................. Knee marks Calf of leg marks .......................................................... Foot marks Fingers off ............................................................... Mole marks . ...Breast Neck mark marks .....Right arm marks ... ............. .. Left arm marks Left leg marks .............................................................. Right Fine after prisoner at jail; Amount to State $ ................... leg marks ............................................... Amount to City $. ....Deputy ................................................................................................ I . r' and Jailor. Sheriff. I �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1934 Title A name given to the resource Commonwealth v. Walter Berry Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder. Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_012_010 Berry Calhoun https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_001_005-commonwealth-v-wilkinson.pdf 356ad69d687b2be4a4a0d1e9692fb1ee PDF Text Text Jl id, f ::"\.. l ~ ~ t i t r~J ;~~ ~ r ~-r~' .n, t ti~ - "- ~ i' \) ~ S..-~ ~;\ ~ r i ii 0-1t; l ~ f ~ i }- ~ ~ i-! t J ~ 'L~ ~ t ~ ;- t l1~- ~ ~, t -J-i_~ iJ ! t ~ i ; f ~~}in,\ ) ..,,. �I ~; ~ rt ~ • ·"~ i ~ ~ t - 1 - ~ • ~--=-,.-- h,} L~r " ~ ~ .ri t ~ ~ r --~ , ~ ~ ~ ~ ~ r :-,~i ! ~ t f ~ ~ ~~ r~.tit~t I ~ f ~ 1 t !t li : i' i ~~' ~ ~' ~ '~ ~ ~ ~ rt_1' I . • i: R t ,. I !J L f t, I I t ;.~ J ¥ ! " 1v \ 1 l ) ,ti ~ . ~ ~~ ! f ~ t~ i t ~ t ~ ~ ~ L'~ t ({ ~ 1 ' bt ~ t ~} ~ }i r· ~ ~~ ~ ~ ~ t ~ ~ f, { ~ " .-· ., 11 t l ~ r~ ~ j r ~ t ~ t ~ iitt~,,t f · f , ': 1 . , \ ~~ .-:Q~ ,~u . ti ~ ~ ~ ~ ~-~-' t i ~ ~ fr r r ~ i l ~ t \ } ~ i'. trl~ li f Jl ~ s'.f' ~ ~ t} t ~; ~J-t ~ ~ i t i ~ , t i1 ~ _ 1l) ~ s~ 1 r st ~ ~ r r} .. ~ ~ ";\} ~ ~ ~ l . ~ ~ .:t.~"' Ir} J,tHU .., - �1 ! ~ t !i:~ .I.. ' ,I - • :I , f. ' Ii f . I 1·/' ' ., I" 'ii. . '~ ~, f ,' !_{ f~fffl nt -h~~ iji f I rf + • - ~ . r V' ' • L" l , . Ii/ t ~-J~ f ~'i~J! t ft1tt n -). .!~tt,J~tft~f~t_fl-ftt . }it~ ~;~~t~t~~ , , . l ~ ~ r ~ ~ ~ ~ ~ it l r l t ~ f I {J t ~ ~i ~ ~ t J/~ }~t { I t ~ n K}_ .. . .~ ~ ~'t e-~ [ i ·-~,{~f~.. 1 }\ti ,,. ~ ~,~ ~ ~I~ 1 ft r f j t 1 t t t tii ~ r t 1 t t fl ~if t 1 l fl~ ' ~ f ~ t~t ~t t ::-.{f ~ . 't,. ~ 1 r ~ ~ u ~ ~ , ~ ~ ~~ ~~ t }! 'JI f. �l , i f ( ' ,, ~, t ,s j 'f' ) w~, I' Tf ' 1 1', ~ ~. ;~ ~ ~.t ~' " Y.1 ~. 1• t1 r" ,t'. .J._ .t1If ,t· ~rt-I, ~ r ;, h; f., \\. §1 t i · \.. t - f•- -• ntf''i i ~ 1ft~~t i1;~1 l ·~J_tittrlJ11ttl tl~ , ,'\.~ ~i t~ (t ~, ~ll. !\<~ . ,. ,}~ r~ ~E_J~ ~!'I' t\.. t. ~ l V ._ t ~· ~ ~ ~ ~I 1 -s--~$~~"~ ~Ii i't f ~--, l!i'{ r ~; _r } ~ ~~ 1t('..-,:.. ~ ~, t ~i ,,}~~ «..~ t ~ ~ ~ t t. } ~" r J\ ~ ' ~ "' } ~d ..~. ~~tir~ t ~ t ,,!1ii t t·t! rttIr ~ ~ ttr·~fttirt:, ~ t ~ trttrn ~~,ti :}iji !t~t~ -trt,rt~P_f!f ittlf t~ll1tftftftllilJ)tt •' \ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource Undated Title A name given to the resource Commonwealth v. Wilkinson Subject The topic of the resource Charges Unknown Description An account of the resource Charges unknown Publisher An entity responsible for making the resource available JMU LIbraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_001_005 Wilkinson https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_001_007-commonwealth-v-william-a-negro-slave.pdf 673deb349f60f9bcc5a8d0dd8ec0175c PDF Text Text ) �... ��' �0 l~ ~ rt- c._,,:z; r ,~ z~f I Jin;/ 1 >-,.,,,,.. _,.,.....,,...fir, L... ..1 f-, l~ c__J~ fl::;:_ Lr~ ~ 7/C_ t~'l: t,...,_f~, ~ &,,.,.,, lYJ..~~-JL-5-~ Iv ~ 1~ /l: -c,,,._ L...,__,..,.,z: ~~._.,/ V'--TC. 2-c- °'-?'1 ..-v~u ,i-~ 2-j ff~/./>~ /6 IC 1,,,,~,..~ J-dL ~ ...,__ r1__- A-vJu-,/7/ t/c.~~t-L;,, ~....,,,J.., ..,t.-,,- / '- /~~--... : .IL.'"..,,.., .: "'-.._...,.,,,,.1,.--...,, ~ t A.... _.,. _.,.__,.. )"'-" L_.-4. - ~t-1. , I , ..,.... I <--...., �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1829 Title A name given to the resource Commonwealth v. William "A Negro Slave" Subject The topic of the resource Felony Break and Enter Description An account of the resource Defendant charged with felony break and enter and felony larceny. Publisher An entity responsible for making the resource available JMU LIbraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_001_007 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_001_036-commonwealth-v-william-a-johnson.pdf fc3393c8069cdb26e5bbf030defa9c2e PDF Text Text �~~- v~~~ l/)~.Ar~ I... )'~;{~ I A~ \. ----za ~~ ��� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1890 Title A name given to the resource Commonwealth v. William A. Johnson Subject The topic of the resource Felony Forgery Description An account of the resource Defendant charged with felony forgery. Publisher An entity responsible for making the resource available JMU LIbraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_001_036 Banks Johnson https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_001_060-commonwealth-v-william-cave-david-cubbage-andrew-stanley.pdf 6d023f9eb79e0b1bc598c63cdaedec85 PDF Text Text ���~ v-z' ab2/C ~ c-'va.o ~// Jfa, ./ / ,,.. ~- . ......., • ~, <=- t,.,,( , � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1892 Title A name given to the resource Commonwealth v. William Cave, David Cubbage, Andrew Stanley Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder. Publisher An entity responsible for making the resource available JMU LIbraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_001_060 Cave Cubbage Dofflemeyer Stanley https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_012_012-commonwealth-v-william-d-flick.pdf 9d1eaef08663ea0d4073f05aedc24e58 PDF Text Text 0T.r1. .2 CF TL GI In the r vircuit ourt The grand for the bod of the of said jurors 1934, in the did kill Eainst ~he peace Hertha 'hifflett, indict. oa.es, lick, one nd dignity is • Garrett, "Bob" s:1irkey of Virginia, in and u,on oats on or about of Rockinr;ham, nd slay ent ,Jta te of Rockingha, D. s&id county lawfully T.is of the ounty do pres ·:it th t . illiam County: n; ob ore (;. I( testimon R. Fa .Ley, and Clarence , Conrnonwealth foQnd on the ' .,...ur,ust feloni <Toseph of the their Leake; •. ~r 15, ,., Ci , n.- 1£ L of Virginia. of John iser, an �1 Manslau.B,hter Inv. _ ··_oo1\l1.WNWEALTH t V. - Indictment· VILLI.Ai"¼JJ. FLICK ctober A 'l'erm 1934 t- True Bill .Vitnesses: J"ohn Romanoski Pa.sea Holsinger 1',lel vin \'Ii t t Pulse Rodes Hertha Rodes G. 11:. Garrett C. R. Fawley .c... E. Kiser ai1 Stiiff),_ett "Bob" S ::.irkey Clarence Leake • .. • Earman, Co~nonwealth's atty. �IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY, VIRGINIA. COMMONWEALTH v. WILLIAM D. FLICK CHARGE TO JURY If you find you will William D. Flick, not guilty, say so and no more. If you find charged by confinement of not less than one year, your discretion, exceeding him guilty in the indictment, punishment Dollars, the accused, of involuntary then you will one year, or by both say so and fix in the penitentiary nor more than five by confinement in jail or by a fine such fine manslaughter or, for a period not and imprisonment. his for a period years, not exceeding as in One Thousand �T CHARGE TO .JURY COMMONWEALTH v. WILLIAMD. FLICK I .i �~ 4-/? 1, '-L__. .5' rf.1/-. ,~~ --L- / ~µ!,(/./C.,(/ - 1-- ~_,~✓ v(Jo--~ OEC l 3 -.J-.-d'-----/~<-V~ J-/-4'7/.,,,, 5, ;/~~,(;~- COMMONWEALTH J 'F . ~ ;?; b. 7 1 f!~~t- 7~--= v. 7 /4{~.___,,. ) Felony WILLIAMD. FLICK ,&/4/4/'- /)j,{£dL,?c,,/ r ---J-~-~.r~·,; . ~~/, ~o/;-;,~~~ t . , <.J_J/-cv;,Jt t H 0,-P~ 7 I/,) . ✓/)'/1'.ta,u<-<-t~-G -? r. ., b- t,Y.'/4:, 2--Cu d L- .. I , I j ', I / J I~ ~« , c J (inv. mans.) ��ATLANTA CHICAGO FORT "REFINERS 205 KANSAS WORTH OF CITY NEW YORK PETROLEUlVI: r: A•2:su STRE:ET.NEWl"<)HI{,XEWlOHK Dear Friend: YOURACCOUNT has been established us thru a CREDIT IDENTIFICATION CARDplan recently inaugurated by our Company. with SERVICE to the motoring public ha.s been the incentive which has produced our test-proven, superior motor fuel - SINCLAIR H-C GASOLINE- and two outstanding motor oils - SINCLAIR OPALINEand SINCLAIR PENNSYLVANIA.We are justly proud of these products, also our merited quality Sundries: Sinclair Sinclair Sinclair Sinclair P.D. (Insecticide) Automobile Polish Spot Remover Household Oil Sinclair Sinclair Sinclair Sinclair Metal Polish Chromium Polish Tar Remover Soap And now to complete our program of real SINCLAIR SERVICE, we have introduced CREDIT IDENTIFICATION CARDS- an added feature for your convenience. You may now purchase all your needs, including the products listed, at any Company Operated Service Station or APPROVED SINCLAIR DEALERin the United States, on a ~onthly charge account simply by presenting the enclosed card after you have countersigned it. tunity to serve We hope you will you regularly. give us the oppor- Very Cordially yours, SINCLAIR REFINING COMPANY CREDITMANAGER, Credit Identification Cards issued by SINCLAIR are of limited duration to conform with the maximum terms embodied in the Petroleum Code to which this Company has pledged its adherence. Renewal cards are issued well in advance of the expiration date of outstanding cards to insure continuous credit privileges. �- // /eN-z;_._~~ t ,q'-:_ - -d,,7µ,r:e._...,U~,,dp ~d ,--/} 2/t-Yz, <!:,,, '£ar_/tG-~d ' t 5- ~ ~-- 1;:;4f V ~~f). ~" .u..... , �In the Circuit January Court of Rockingham County, Virginia, 18, 1935. IN THE MATTER OF THE TRIAL OF THE CASE OF COMMONYffiALTH AGAINSTWM. D. FLICK. John Romanoski, behalf of the Commonwealth,havihg Dupont, Pennsylvania, ordered that tion who wa the place he be allowed for his attendance expenses. j. 1 I I I .,, been brought from of his and necessary of which J.. witness abode, and paid as proper A'A v v of "-------------' a material expenses, $:7-C'- is for is for traveling si:G.:. it on is compensathe sum two days' and other ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: Y mt are hereby commanded to smmnon .. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~:::: .............. ::::::::::::::::::::::: .... . to appear before the Judge of the ~ycuit Court of 1},yck.ingham County, at the Court House thereof, at 9:30 o'clock., a. m., on the ... ..//f;:t:/:;,day say in behalf of the Defendant of..~ in tm,secutio,,(~f ·····································································?.A., .. .............. 19.-J:.,a-;;testify and the truth to the ommomupa{th against.. . AJ...:........ ~J... ............... .. .................................................... . who stands charged with a d indicted for a felony m · And this ..... ............................. . . shall not omit 1mder penalty of £100. Aud have then and there this Writ. WUnm, /. Roa:;:: d,y of THE SWITZER, C/,,-k of one ,~n,t, ,t th, Co,,,t Ho"", th, ... ft:::# (!' • •1,}7[,,,d;,,th,JIP/~l~~, CM ,_ SEK VICE PRES, HARRfSONBURG, VA. FORM NO.) �I �In the Name of the Commonwealth of Virginia: To the Sheriff Yon are hereby comma11ded to summon ..... ~ ..... f Rockingham County, Greeting: ·~·~··········· ~::~::::::::::::::::::::::::: to appear before the Judge of the Cir 1t't Court of at 9:30 o'clock, a. m., on the am County, at the Court House thereof, 11.day of.. . . .................................. 19 cfa·····•··> who stands charged 1£'i!!:...d!!1d indicted for a felony vn-s-demelfi'lor. And this..... U:~."r.. ......... . shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerlt of our sa~urt, day of ...... ·~'····· 19 ...1..C,1d in the 1f ....... .year of the Co11nno7alth 'zi?·~~Clerk THE SF.RVICE PRESS, HARRISONBURG, VA. No. 457 at the Gou.rt House, the .... .//~ ....:...J--_ , �/4, ( ;::;: 5" .» , > ct C: C (/J C: 3 , g :, (/l .... 0 Ill ,.. "'I C: ... . �In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded to summon .... .....½. _ ........................... of Rockingham County, Greeting: ../.,. .... ......... ~ ..-........................ . ···············z;··;···•···•···~········ .. .............. ; .......... .. ... to aj,pear before the Judge of the Circuit Court of Rockingham al 9:30 o'clock, a. m., on the ..... ./_.,t.../ ...day of. ................ < County, at the Court House thereof, ........ 19 r. ... totrstif-y a11d the trnth to ~~~.i1i..b.~~.a.~f.~f·t·h·~··~e'.~~~c1·n·t··n·~·~=t·i·if:·:··'-tt_..1e_,c..,-,~.....-,._c. ...................................... . who stands charged with and indicted for a felony misdemeanor. And this.... . ........ ~ .......... shall not omit under penalty of £100. And have then and there this Writ. ;fer' '. if/ Wituess, ]. ROBERT S\vlTZER, d,y of ... .... THE SCHVICE P!tESS, 19 llARRISONUURC, Clerk of our said~rt, ,nd in th, VA. at the Comt House, the ./ ?:-_,;;,6_. /1=;i;!tt:;l;-;~: FORM C/e,k NO. 5 �b iver each in persu.1 '\ ·1 ~ JiJ ' l '~ ~ ~~ ~ ~~ ,._._ �THE ROOSEVELT-GARNER-ROBERTSON CLUB 313 First National Bank Building HARRISONBURG, VIRGINIA \ \ �--- -- �6 ARREST WARRANT The Commonwealth of Virginia,}T . . h am C ounty, o-w1t: R oc k 1ng To the Sheriff of said County: These are therefore, in the name of the Commonwealth before the Trial Justice of the said County, of Virginia, to command you forthwith to apprehend and bring the body 1 ______________________ to law. to answer the said complaint and to be further dealt with according And you are required to summon ______________________________ ----------------------------------------evidence in behalf of the Commonwealth, Given under my hand, this _ to appear and give on the examination touching the said offence. �Cl ;,:· n JUDGMENT ::, = 2,... Trial Justice Court Ctiminal Docket ~b §·~-"'O...c ;:: ~g_g n n ;,;p:, ~· 3 3 g M (t ~~:, ::, l': n !!:. No.4 "a.::, O" ~ n n ::, ,.., ,.., l"'t :, ,g ~. Cl,} "5· c::,., P-.., ::::::rO'" f""t Ann ;. --~ P..o.., ::, Oo'::, ;. < 3 n n<> Commonwealth <I> I Arrest Warrant 0 5:3;;:;· 0-<::r •. 0 ~~l;: ::r n 8 C" n ,.., p.> _., ~ M () o· ? -,.._. 0 .. -•CJ'Q Q) :, O" n 5lf} 0 .., <g_;; O n.., n .... 3 " a. 3 o.s. a. " -· n :, g ~n..,PJ PJ.., Clerk's Fee $......L.Y.f Trial Justice Fee $......S., ..00. Arrest $......1.t ..:S"C? .. - d.,.~. Summoning Witness Witness Attendance er-·< ,_,::, n n p:, ..,, M !1Q ::, "' n-O'Q c ::r~ ~ ;:;· £..::r n ::r -· 0.. __ ("t .., ..,.::, :, ,., . n"" (1 ~ a. 0 n _ $...... a justice of Rockingham County, and by summoning the within named wit- ;. !!. ..., ~ .., n ~ ::,--., n ~~~ n 'O " CO ~ B 3· g::::.n CAi Commonwealth's Attorney Jail Fc~es t $ ................. . - - \ - ' - 4.:.f P.. $...... ~-J§ nesses in person this ______ M day a." ..-. Q " if~ l': "' "' ::r p:, of _________ _ 192_ - ..,, \0 3 ('I) 5· n· ..., n ::r 0..., ::, n,.., p:, - :?. 0 0 n 0 - \0 v,.> ~l': ~ Tria Justice 0 n ~::,~~ '0 ;:;·::, 0 ::r"a :; : 3 0.-·0> ~~~ ::r • (i) "::,--... " n0 g~ 7 " l"'t C 'O 0 ::, ...... ~ ;,:, n0 " ~-::, ~ ::,,~ 'O .;; ...... . !l g- "" 0 O o' 0 a· before __________ ~ ;:, p:, '"O "'O g"Q g. ~ ~ . l': "a.::, t < ::r ;;· p:, :, -a~o. Executed the within warrant by arresting and delivering the body of $ ..... 1±, ..f;.9 & Mileage _ro n '(II n C ~--l""t $ .................. ' 8 Q) _.:re< o.., n Issuing Justice's Fee 3 0 ...... 3 'Q ~ f"'t c X C (b l"'t ~ ('I) n l': ::, "I1 o.s. .?-a. PJ 0 ~ ~P:,Q)Q -:, :-- m 0 ......__ ..., ;.~ ;f~ -< ::r ..., > ..., (fl ;. ;.~ ('I) 3 "" 5· l F' 0 .,·::, C 3;:'. p:, 0....., • PJ vs. 0 ~::, ~ > ::, ~~ . ~ () h c.. §_ o = n a. ~ n "" a. ~ ;. n "' . .;, ::, ~ g ;. ::, " -< ~ ::, a. o' ..., ;. n () 0 C ('I) ::, ~ ::, < .,"' e: 0: 8 a. "' 05· gn a. 8 ;. n 0 ~; n 3 ..., Io r;, ::r () 5· ., .. ...... ~i g: ::, 5· :r ft ~ 1r ::, "" ~s ~~ :'I' ;. i'' " �_~fl ft~A a.c~ ~ f. ~/ ~ ~~~ ~ ~~ ~ ~ ~ ~ 1~ C1'l l'f..) ��to appear before the Judge of the r.l 9:30 o'clock, a. m., who stands charged 011 ther:1-.. 'rend Court of Rockingham ... . at the Court House thereof, ~/.z..~ .................. .................................. 19 f. day of ........ . withtc;-11 indicted And this................. County, for a felony 11iisdemea11or. - ......... shall not omit under pe11aff)1of £100. And have then and d ~~~ Witness, d,y of ..... THE J. ROB RT SWITZER, Cle~k of our sai~~u~t, L ····•······· 19 f,/.nd .>'::.. SEK.VICF PRESS, HARRTSONDURG, VA. m th, No. 457 >..4. ......... . lsf.;~:"T~-1;at the Court House, the ...... ClMk �M,,, ' /JJ,/J'/1, j,Jh~ )/4 L( - r IJ j \) 'f,LD ' ' /, )iI' I i ! �who stands charged with a felony misdemeanor. And this you shall not omit under penalty of £100. \Vitness, I- ROBERT SWITZE d,y of .... Tlla SEllVlCE ~ PUSS, HAIUlJSONJIUkC, .. YA. 19 {',, And have then and there this Writ. , Clerk of our saidf;J!;t, ,ml in th,/~ at the Court House, the . . 7..r..f..-.. 'J[;f;!J:l::r~ , Cl"k �C.At'CUl00J__c:/'(!_ff/gJ..1_bydellV thin ~ g a true Copy of t:•.., Summo In nF!- C,Nt-/~ ~ ~ ·1 ~ \ ~ J ~-~ , $ . ~ ,'-' , \ ~~ ""~ ~ '---~ ~ �INSTRUCTIONNO. The Court slaughter tionally instructs is the killing while or in the improper that follows of such a reckless compatible with a proper a criminal intent that involuntary accidentally of some unlawful or negligent when a homicide sequence the Jury of a person in the doing I performance as a natural or culpably regard to the offender aot, man- or unintennot feloniously, of a lawful and probable negligent for human life, act; and, con- act as 1s inthe law imputes and he may be punished. ��INSTRUCTION NO. The Court further evidence tion is legal instructs and competent ~ the Jury that in criminal may be had upon such evidence. cases, circumstantial and a convic- ��INSTRUCTIONNO. The Court to be given tells the Jury that ot different to the testimony in determining witnesses the Jury are authorized to consider witness to the parties, if the same is proved; if any, in the result or bias, ot this oase, and their if any has been shown; their and their means of information; testimony of such witnesses witness the relationship seems to be entitled as under all to. in this case, or the interest, temper, apparent and to give their the weight feelings, intelligence, such credit the circumstances to the such ��INSTRUCTIONNO. The Court to operate believe Flick the jury a car in this state from the evidence violated as to indicate that tells Joseph you will indictment. a disregard Gryciel find 1 s death / the accused it is unlawful recklessly;and, in thi.s the law\in this that .,.,fc, . ..., ~ cas respect ~ that if you i'\ Vlilliam guilty D. in such a manner of the consequences, was caused l: thereby, as charged and, then in the & f-'!3:u!/' �I j �A T,e court every person established this charged instructs with presumption of innocence case, and applie having heard all doubt indictment, of the doubt, that the law presumes to be innocent essential it stage until in this case, to prove duty the guilt through and if, jury charge the after have a reaso made a:ainst the prisoner is and upon the whole case, to give him not guilty. the his doubt, the accused thereof; of the accused is their and find goes with et every the evidence of the guilt , as to any fact the crime jury by the Commonwealth beyond a reasona~le entire able the or him in the benefit - ��/3. vlction of th t 'liE.,h his ,.. Court nstruct pnroon CCU6ed must ilt the cri o rove C , C' ju:ry, every e e ond er , that to fuct re convict • con·o e ..... nee lle 0 nt th rr oubt, "•nd pon on ls sou ht A,/i. circ the ut ost caution. alo I c~ .teu a .u~ptclo on acquitt of evidence m"'t ntlrl very 1 nle. re on t feet 1. hypo. o, 1o not r--ufflclont of ult. of ullt f l 94/813 ( 1'he proved i r:- ays to It thcre_,ore cc e acted th 1 to the nnoccnce. 1 on it the cv·d- ntltlod to ct al e·clu n ion �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1934 Title A name given to the resource Commonwealth v. William D. Flick Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter. Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_012_012 Flick Gryciel https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_001_065-commonwealth-v-william-james.pdf 0b61bb5831d6d5753b945ffba7abadd6 PDF Text Text �~ ~~ -~r-;r l_____ __;_~ ___ ~;: ~~rn ~r- 7 �A l L /{ l "7"' p/,/4. t I ·J ,' / "' '---u I ,'-<- J, I l,l t{. vt 1:J - "i:, , '"- CIU,v 1y ~=•I t ,,.,.,J .,_; L H t e ,u • ,, '1 'J };;.,_,U,1 w,;"-iL,·C( ·\ .,;«,:\ .._un,'JJ, ;,~"-/ . 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'., //ti' f.d<ct/<N£( 'ltl'.,/t,-J,tti1-d /? lw, !.·u )hp 17t;T-;/);/J~~t t/tr ~/f,.,J~ LLJ4,la11,:LJ 7 EL i,i,5 JWt/2 4/z_, 7 ,J ~-~£( lu u 1 (~/ .f }; /1-~;_,,_ f:: ~4_::;1 r-/4J0'Vlc~ 4(. ff 111 11 _/fi,;., 'flu L' £"L l ,_,,;77 7£Ld P If; _JA-·;( '/,,2 ~ 'I , C> I' ~ " ' ..__, ~ "- ~ '----" I -\ i_ " -~ "" ---.::: , " i~ ~ ~ ~ ~ ~ f,,_,,,,, ,/1'.u 1,,] ,';tti ,:?-rr z_ .... h z ~ ~:1 ~ ;{, Ji;. lt,!Cc,.( • ~ '7 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1892 Title A name given to the resource Commonwealth v. William James Subject The topic of the resource Felony Theft Description An account of the resource Defendant charged with felony theft. Publisher An entity responsible for making the resource available JMU LIbraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_001_065 James Rogers https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_001_010-commonwealth-v-william-kalston.pdf 43ba4956cd87b6368f1ca9444ea44990 PDF Text Text �r~;:, L~ ---:>-7r ~ 4-~ 1 t. 1-1-J-) ��/ J, r<-lLi t 1 •' L'-'- / J ~~ t 1.,,-..-,., '- //,"-'f.•J,•-C {,r1,."'1 '1,-1-1 CL tJ,t- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1830 Title A name given to the resource Commonwealth v. William Kalston Subject The topic of the resource Felony Rape Description An account of the resource Defendant charged with felony rape. Publisher An entity responsible for making the resource available JMU LIbraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_001_010 Greene Kalston https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_002_037-commonwealth-v-william-stuart.pdf 5d8c35862085438b0fb3581654e9fad0 PDF Text Text �,tt/.lt- 1 (.,J ����-,--~I •• . ,\ , ...... �</1, ,ht~I,; e uralM z~ i,,, .,& ~,.,, /..2'~/(1!/ t/h :~ /~k,11 ;1 d'kt7r-Pttti/L.:/4uht/ lt t-tl¼.?J:-f._f /H(} l-U£LL ~ -----f cuu;;,>ktn,//4/# /Sj'5/_L ~ a U'i<t/l ,d,4 ,,,.,,tu,,.z-,t2',t,,//1':az ~~ 4LC£,, n,/4, /h Ct.-c~ i"~LJ ,/ PZ ,,,,rfr /7fI a VU✓~ LJM/l!J'!r ,¼ u-.e?u;,;; a,, Uil , //LE/.Z '",5Jfal b ( u,, ½ 1 -~ ~,;, J{~u,,,, vk.,r:,et za't~ ~z z d <'>:& ~~~ ':h'~., e hu_, ~ rr~~/{1/4 / t,,'r,VI \ft~1.n ;,U l~7 ,/?/~ uL ffzI- Ct#✓:? L~vU-lu.ZCi-d/u:( t;?-,?'~une,,hu~ztJL_U ~ ~ rfi/Jlz ~t~n1~~Y//2!#t"~•7/J,m ~u«j~-' / ~ ~ju /n tu.,/Yv !tJa1;1,£F,,,.,Ta,,l'ul/e.,cv,;~,,,,,,:) //u &,,u, . //. t!P '- /4cf tt t £:?AL,· h/ »>11-:r:7u-,~., _.>f 1 'ff/f .ruy f 1/7>l ~2- - )/2_- ✓ �\__. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1898 Title A name given to the resource Commonwealth v. William Stuart Subject The topic of the resource Felony Break and Enter Larceny Description An account of the resource Defendant charged with felony break and enter and felony larceny. Publisher An entity responsible for making the resource available JMU LIbraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_002_037 Herring Stuart https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_001_056-commonwealth-v-zenophon-shifflett.pdf b9ea39d8c2d3d643568f9b329d8eb09c PDF Text Text . ·, �n~ rJJJlt - . y cJ(f ?fr.w o{;..f'PVtt-/ ~'>ti ~}(~ =-- �' ' ��~---- ,'{ ,j "- '--< ~ (( ~ C -.J ..._, ...__ r-.. I;_, " "">I ~ " ) ..,J I"'- ~ �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1891 Title A name given to the resource Commonwealth v. Zenophon Shifflett Subject The topic of the resource Misdemeanor Threatening Violence Description An account of the resource Defendant charged with misdemeanor threatening violence. Publisher An entity responsible for making the resource available JMU LIbraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_001_056 Keyton Shifflett