2 20 1864 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_021_commonwealth-v-charles-lester-zirkle.pdf c132e9d36fdbc781e157696ae90ed10a 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/. Title A name given to the resource Commonwealth v Charles Lester Zirkle Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1957 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_018_021 Zirkle https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_011_commonwealth-v-charles-samuel-brown.pdf 99dbf62a14cc52456245b68148bd0464 PDF Text Text COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand jurors I of the Commonwealth of Virginia, for the body of the County of Rockingham, Circuit their court oaths of said County, do· present that at its nity and murder one Alexander and B. L. Kiser, the grand jury LAWRENCE H. HOOVER ATTORNEYAT LAW HARRISONBURG. VIRGINIA term, the 1945, upon county, Bell, unlawfully against and feloniousl the peace and dig- of the Commonwealth of Virginia. This indictment lender February attending Char 1 es Samue1 Brown, on or a bou,t the 17th day of March, 1945, in said did kill and no in and is found upon the testimony witnesses to give evidence. of Sam H. cal- sworn in Court and sent before �} MTIIDER Indictment COMMONWEALTH v. Term, 1945. ~ \ Jorema.n CHARLESSAMUEL BROWN Felony: February ~- A True B111: c/ 1. Sam H. Callender 2. B. L• Kiser Witnesses: ✓ -c Lawrence H. Hoover Commonwealth's Attorney. �Arrest 6 Warrant The Commonwealth of Virginia,} T •t • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: L_a_w_r_e_n_c_e_H_. _H_0_o_v_e_r_;,_C_o_m_'_t_h __A_t_t_o_r_11._e_y ______ Whereas, ___ of said County, has this day made complaint and information on oath before me, __ J_._C_._S_v_,a_r_t_z_,_C~l~e~r_k~~o_f_T_._J_._C_o_u_r_t __ _ T. J. or J.P. ----'8'---:J.=m'--------"B"--=r'----o-'----\'1-f-"'Il=---------------------------- of the said County, that _____ on the __ l_7_t_h_. ___ feloniously of the kill ~_••!I_a_r_c_h ____ day of __ 9.fid Commonwealtl: murder of , 19~, one Alexander in the said County, Bell, again~ t did the unlawfully pence and and dignity Virginia These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said ____________________ _______________ _ S~a~m Brown ___________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this ___ Memo. of Commonwealth Name 2_l_s_t __ _ Witnesses: Address ---- ----- �TO-WIT: indebted State of ) as to to the and .................................. . of Rockingham, themselves and for the County have this day acknowledged County at That the said appear before the Trial Justice Court of Rockingham to be made and levied of their goods and chattels, yet upon this condition: ..........:.........as his suret OF ROCKINGHAM, of Virginia in the sum STATE OF VIRGINIA-COUNTY Commonwealth which they severally waived their exemption, u 0 8 8 C 0 8:: <I) ~ ...c ..., 1 0 z..., <I) u ~ 0 Q C cii ell ..., C ell .... .... ell ~ ..., V, <I) .... .... <1:'. '--r-' ,,; > (.' ~ ell >-...... 0 ..., >- ..0 <!) "O 0 ..0 c ell t ell 8::...c .5 ~ 8:: ~ ,..c C ...,..... ..... .... 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'."1 "' u ..... 00 <I) <I) 00 ell j ~ V, .... u <I) ~ :~ ij:J 0 I I : ~ "' :a _.., I cii <I) 8:: C ><I) .... <I) u ij:J 0 >..0 "O v~ .... <I) C 0 <I.I ell 00 ~ "' ·;::: 0. --0 <I) ..., r-' .... :§ "' ::, ...... -~ ·e t -~ cii ..., ~ r-' 0 ell _.., - vi- ~ ~I .. j ell u ~ "' .... ..., ~ vi- "' ~ I I ~ ·: ~ "' <I) <I) µ.. 0 - C "'ell "'"O <!) 8C 8 C) ot ·@ U<l:'. ...... sv C ~~ u ell "O C j ~ ell <I) ~ ....................... ............................................... :., on the ........................ day of ....... .. ....... . . . . . ........ , 19........., 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. ::, ..., .... 0 u <I) u ·.:: V, ::, ...... ~ ·;::: r-' ·e ·;::: u <!)~ 00 .... ell ...c u .i ...c ..., -~ <I) ...c _.., ...... 0 00 C ·;::: <I) <I) C ·- Given under my hand this, the .......................................... day z~ ~ ~ ~ C) 0 :> I-) ...c ...c ..., 0. 0 ;:J �JUN 19f$ G0Mri10NWEAL TH v. ) Felony (murder} #1 CHARLESSAMUEL BROWN 7/t,//;/J- "yd /J{/l//v r / r f - ;,c/ i:-~ Jc(J �-- �COMMONWEALTH v. ) Felony CHARLES SAMUELBROWN -- #2 (robbery) �Ii �----------~ _ ~----___;----:---------------.____COMMONWEALTH vs._ (1:... ____,.- e,vtLu, DESCRIPTION Last known address __---~-~-_,_)(_~ Color_ __~ da.-v~ "1c..a-w-Yl-- OF PRISONER ___________________________________________________________ _ Height_ ___;,_~-:--7____ Eyes ____~--- Hair__~---- Weight__/J__f? ______ M"k'---------~~----=--~---k/--~-~---- J_/__________ Age _____ Date of T riaL ___ Occupation ______ Q_~ p-f - -'2-,.- f 7 I./_j - __________________________________________________ - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Result ____~ c;I ~------------------------------------------------------------------------------------- ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded lo summon...................................................................... ·-······························································•·········- ~::::::::::::::::::::::~::::::::::::::::~::::::::::::···4~···.1t.d.J!_J:~::::~::: to appear before the Judge of the Circuit Courttf, ~Jk~n~ham Count)), at the Court House thereof, at 9:30 o'clock, a. m., on the.~ ..~.day of the Co"},mo;1we~ .......................................... ~----·················•·--·························· - And this )Jou shall not omit under penalty of £ 100. day of .... ~~B~RT SWITZER, -r=r Massanetta Paper Co. Print Jg_d_~ against................................................. . ~ ..................... ~ who stands charged with and indicted for a felony Witnesszt testify and the truth to of.·-rJ-·~··········19!.:/..~ sa)) in behalf of t~rosecujBn And have then and there this Wr!t. Clerk of our saidµ -.2 al the Court House, the....... ~..\ »;;!t_~zA::::;z;cf-Clc m FORM NO. 5 �""'XECU7?D/~~--~Yfrn \ \\ rr~ ~ THE COUNTY OF : ,:::7 al;, 'l.dt. RSON. V l. ~ ' " ~ ..... ~ , ~ ~ 6 / ~ R•-~Kl iJ I: 'l BY DELIVt:RING A TRUE ��--- ----------: �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon.............................................................................................................................. " :: :~:ae::c~::~~e a~h:~u::et::.t. 7 ~c~~: C:f~~~.~~.~~.~~.~~.g to testify and the truth to say in behalf of the Com .•. ~.~u~t~.:.~~.~~:.~~~.~t.~.~~~e1:zc- o wealth ···········~#'~ ainst ................................................ . ..··.····~···_= who stands charge[~.:r~~d··~~~i~cted for a felony misdemeanor. And this you shall not omit under penalty of £100. And have then and there this Writ. Wi ess, J.ROBERT SWIT~R, day of.... ... ~ THB SERVICE PRESS 7 ............ , 19~ Clerk of our sai~urt, and in the 16..~. at the Court House, the .....~~. year of the Commonwealth. ... ..... ... .... &:.~~. -Glcrk ��Trial Justice Criminal Court Docket No. Commonwealth vs. am Brt')wn • W. rrial Arraigned .$- J 2-- </S- 'f - f - 'f :> ~ (f H/ ��6 Arrest Warrant The Commonwealth of Virginia,} T 't • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, __ S~a=m~H~~~-~C=a~l~l~e=n=d=e=r~,,.__,S~h~e~r~i~f~f ____________ made complaint and information on oath before me, l_7~t~h~ __ C. S\113rt z, Cl erk of T. T. J. or J.P. .T. Gour t. ~S_a_m~B~r~D-WD~------------------------ of the said County, that ____ on the __ J. of said County, has this day day of __ ~M=a=r~e=h~---'19~, did unlawfully, in the said County, feloniousl: and maliciously_comm.it an assault uoon one Alexander Bell with intent to maim, disfigure, disable or kill, and him, the said Alexander Bell, did then and there unl~wfully dignity and feloniously strike, wound and ~hruiae, against the peace and of the Commonwealth of Virginia These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said ___________________ _ -------------~c~_B.r.own __________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this_~l Memo. of Commonwealth -9~t~b~--- Witnesses: Name ----------- ---~--------~---- Address --- �n 0 l"1 SU " ::, 0 8 o.::J ~ '§ s:-g-g -·<> C is-" > ;:;· :J::," ::, " P.., JUDGEMENT "::, Trial Justice Court C ::, p.. ".... 3 -< ::,- Criminal Docket No. 692 'Z "::,c.. Upon the hearing of.the within charge, Commonwealth "' rt g_g~ ...... ~g..~ SU -ro,.,.::, ~ n fL-g ::, ,.,. l"1 ~,; (1) rt n rt ;:;-o C <> ::,- ('t) -< " Executed the within warrant by arresting and delivering the body of Fine - $ Issuing Justice's Fee $....................... Clerk's Fee $................. Trial Justice Fee $........... Arrest and Mileage Sum:n;:ming Witness Witness Attendance ~ g-p..: ::, ...,< ~: o..:r-' ........,: : I cy r' 0 - $........................ 3-8-:~: ~~ ~-: "' s- "' Trial Justice ::,- p.. st;;· p.. Q..u, ~ l""t n· p:i :, ::::f'D -< (l '° ~:g•-g: ::,;;·g_ "" ::,- -· 3" p.. " -< ~ 2:'a:; r::r "' ::, C ;f n 3 ::, ::,-,, rt !S:' . " () 0 C ;:! -< "is-" ::, o' .... 0 ~ rt ::,- "() " "" p.. " "' 0 C ::, -< " ~ ..... 0 "< " 5· " "' ?. >-I ::,- 5· c.. s- c.. "f; O" ;; " " 0: rt ::, n " s.... g: ""' "p.. -< " 2.. c.. ::r-,.......;:o 0n 0 (l) ::, n 0"'::, / rt 0 Cl. ..., ... ... ~~-~ ~••••••••• ~ s·g ::,- ..... ~ ~ ••u•••• ½ "<: "' t"'II. "O ::, 0 : Total mileage >-I ::1 ".... "' " ;:;· g..g-< O" 5· £..S-...,.... ~n Miles carried prisoner 0 ::,- ~ Miles travelled by officer "' C .... " ..... rt "O "O 0 "' o' "" 0 ~ Officer's Mileage -~ 0 rt ~ ::,- ~ rb ... > t;;· c.. ::,-::,-o o t"t ,; rt $ ........................ ;r: " ;:, "c.. ".... """' 3: >-I n ::,C-< : g_"gg : E ;; -o 'i: "' n -· S-n> 3 . ~ F ro n ;:;· -< "'-· "() ~C ;::, ""0 'O "' 0 0 "-·;:,-· ::,~: C ::, day of $ .................. -.... $........................ C) rt and Mileage $...... Jail Fees z n· en: (ti~ $ ........... $ ............ :;,:; () IJ0. C. ~§. ':--' / ~--,.,.: n 8 <: n .... ~ pJ: ::J. :-l ()rd ~~ ~ ~ ~ Commonwealth's Attorney Total _ 0 • r, C: ro:, 0 'Tl ;:o 0 "c.. n ~,;. ('t) 5· F "::, " '"1::, ~~u~ before o..::r ;:::::, CO..., z >-I -<: c.. " O'Q ..... ...,. .......... t'D I 0 C: "3 ~-~. g_~::, ::, D ::, "::,.....,n "' () ► () O" 3 $~. g_,o 0.. ;:;· ~ §. ",,-< g Oo~~ ..., ~o ~ 9 z ">< "r: "3 3 .C..3 ~ 3 ;:: ~ ::,- 0 -· D SU l""t ....~ ::, ::,- Brovm < s- s- 5· ";:;· 5- ('ti 83..Dl 'Tl ";:;· ".3. ::, c.. " ,:;· SU l"1 "' 0 F' " !::.. -<" < ::, ~ r~ s~ "c.. -· 0 CT:, r, ::, ;:... 0..... 0..;f::,n Arrest Warrant ~ .... " - ....::,-c.. cr-" ('b SU " "1 D -n ::,- -< " "' > ;t < ;:;· "" 5· 3 0 <: " ts- anc..;r 8'~ { vs. ~ ..... ;:;· 3 ::,- C) en >-I 0 () ::,- 0 • p... rt ~ rt 0 0 s- " ::, r ;:o 0 n :,;-- 5· ::,"" " .El w ",. rt 0 ..... �COMMONWEALTH OF VIRGINIA COUNTY. OF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand for jurors their l?th Court. of said oaths that day of March, 1945, Alexander by actual fist and feloniously cents ($3.20) in current ~he will ATTORNEY AT LAW jury to give fear, and violently poker, and three money of tne United States Bell, Bell, Bell by striking did unlawdollars twenty of America, of from the person then and~there, and in the County aforesaid, did steal, take and carry of the Commonwealth of Virginia is found upon the testimony evidence. 1945, upon to-wit, him with a stove witnesses the and him, the said fonce and violence, the peace and ~ignity and B. L. Kiser, the grand HARRISONBURG, VIRGINIA make an assault, of the said Alexander This indictment term, upon one Alexander of the said Alexander {eloniously away, against and now attending February County, on the day and year aforesaid, unlawfully, lender in said in and Samuel Brown, on or anout,the put in bodily the goods and chattels to-wit, at its aharles and beating fully and against Rockingham, and feloniously Bell,. him with his of Countyl no present did unlawfully LAWRENCEH. HOOVER of the Commonwealth of Virginia, the body of the. County Circuit ..., of Sam H. Cal- sworn in Court and sent before �ROBBERY A/ Indictment COMMONWEALTH v. Term, 1945 , Foreman CHARLESSAMUEL BROWN Felony: February A True Bill: ~4 ~ l. Sam·H. Callender 2. B. L. Kiser Witnesses: ✓ Lawrence H. Hoover Commonwealth's Attorney ~ � 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/. Title A name given to the resource Commonwealth v Charles Samuel Brown Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1945 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_014_011 Brown https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_010_comomnwealth-v-charles-smith.pdf 62ad2e50542b7425c9d8dccfe97343d9 PDF Text Text 6 Arrest Warrant · The Commonwealth of Virginia,} T . Rockingham County, o-wit To the Sheriff of Said County: Whereas, George D. Conrad, made complaint and information of the said County, that 0 30th n the feloniously unmarried female Du Bosq on the Du Bosq, on oath before me, October· and have of previous aforesaid against J. Attorney C. Swartz, of said County, has this day Clerk of Trial Justice T. J. or J.P. Court Charles Smith -=~~-~------'--------'---------------------------day of seduce Commonwealth's the , 19 illicit chaste 48 , in the said County, connection with character, _having promised day unconditionally form of the did unlawfully statute one Alice to marry her, against Du Bosq, the the peace the said and an said Alice Alice and dignity of the Comrnonweal th. These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring Charles before the Trial Justice of the said County, the body of the said·-------------------- __________________ Smith to answer the said complaint and to be further dealt with according to law. Given under my hand this ____ Memo. of Commonwealth 1_3_t_h __ Witnesses: Name Address Anna May Lam --------- Elkton, Vi~gin=i~ac.____ Ella Lam EJ kton, Virgi Ernest Wilmington, Meadows ------c#'---- _ • Delaware·--------- - --------------- �JUDGEMENT Trial Justice Court Criminal Docket No. A - 3709 J(Qlp Upon a plea of guilty, this defendant Charles Smith is held for action of the Grand Jury. Given under my hand this 12th day of August 1949. Commonwealth vs. { Arrest Warrant Charles Smith I, Charles Smith, the accused mn the within warrang============= in open court before the Executed the within warrant by arJudge of the Circuit Court resting and delivering the body of of Rockingham County, Va. this 27th day of December 1949, do hereby waive indi~tmentCharles on said charge. ------- WiF~n:e~~~~ , Issuing Justice's Fee $......1.00 ..... Clerk's Fee $....... ;L..~·~·~······ Trial Justice Fee $......?...99.... . 5.60 pl ileage $.......1.~)9. ..... Summoning Witness - $ ...... .l.-.~.5.9 .... Witness Attendance 0 ~ 0 1.50 Arrest and. 0 g. ~ en· \ \ ~ 8N~oo"" l""t o :;:d 0 n "' 5· l)Q ::,- and Mileage $......... ..5.•.40. Commonwealth's Attorney $....... ?..~5.0...... Jail Fees $....:...... <.~':?. ______ $ ...................... . " ..3 Officer's Mileage ,.... Total ::, ..'J - - - $...?.~.~ .... ?....... b:.IUPLL Trial Justice £ Miles travelled by officer ..2.. .. Miles carried prisoner ..3...J ~ . Total mileage 7..0 .... - .. 8-70 equals 5.60 0.. l""t 0 :::::r(1) 0 "" �?L~JJ· c~ 7/rrn-~ t �tt- I i tt- - -t-- __ ..,__ t- �Docket No. ;? ~ 4f · COMMONWEALTH DEG, 1949 of VIRGINIA ) vs. ) Felony ) / CHARLESSMITH ? c;- ( seduction) OtV WAR RANT" ~J~._JK~.-----'H~i~c~kmlli;;a~n--------:-=-=-:i---,~---P•d. Own ( x) Appointed ( ) CIRCUIT COU_JT OF RpCKINGHAM COUNTY, VA. -J1i ;. ,'v,~ • ��VIRGINIA: Il'J TI-ill CIRCUIT corn O~Trs.ALT:! OF VIRCI COURT OF ROCKirGHAr.' COUNTY: :IA vs. C1 ,ARLES SMITH This day co.me the and by counsel, and ass~gned motiori 1'7, ment eight to 1950, set dPfendant, the Charles following as.i.de the ve:::1dict of the finding hir: i:,uilty at confinement in the as the jury in person grounds retur·1ed of seductio11, State Smith, and Penitentiary 011 Janur-ry fixing for of his nis punish- a period years: That the verdict of the jury is contrary Tt2t the verdict of the jury is contrary That the verdict is (1) to the law; (2) to the evidence; (3) a~d the evidence, contrary end is without to the law evidence to support in admitting certain it; (4) That evidence offered of the fenda~t by the That the Is Motion clusion of the (6) That structions tain court erred Commonwealth over the objections accused; ( 5) ions the court to the court by the in overruli tLe evidence Commonwealth's offered of the strike erred erred 1g t>e de- 1 at the con- certa n in- case; in civ!~G Com-nonwealth over the object- accused; ( 7) That instr 1 the 1.etions court offered erred in f ai lin, by the accused., to give cer- of ��COMMONWEALTH v. CHARLESSMITH CHARGETO JURY If seduction, and fix for as charged his a period If no more. you find the Charles in the warrant, punishment at confinement of not less you find accused, than then Smith, you will you will of say so in the penitentiary two nor more than him not guilty, guilty ten years. say so and �1 �INSTRUCTION The court lieve from had illicit yet they Alice whether the instructs evidence with must find hi~ not DuBosq, nrior to defendant - the beyond connection by the NO. said or F jury that a reasonable Alice JUilty promise another. Dubosq if they although doubt under believe of marriate, they thBt promise that had the may beaccused of merriage, the been said defiled, ��INSTRUCTION NOo instructs the The court the prosecutrix October 30, fendant's of her had 1948, prior as 1 s earlier jury intercourse charged pronise own passion, prosecutrix sexual b in the of marriage, you should intimacies take witn that in deterninin5 with the defendant warrant, or into the because for the whether on of the gratification consideration defendant. the de- �.. �~o. /_) IHSTRUC~OtT The court U eve from the had illicit marria1-:e, evider,ce co11necti0'1 bA lj eve chaste the beyond with and may be have of previous they iDstructs that reasonable 2. the jury prosecutrix thcu_;ht c:1.aracter, yet s;-ie vrns unchaste at at they the the althoulh doubt that under promise time must tirr:e they that find of said she him not may be- the accused of vas a femal guilty seduction o if ��I INSTRUCTIONNO. The Court from the evidence proxecutrix character guilty. her beyond at the under time of her by the prisoner promise the jury a reasonable was an unmarried she was seduced with instructs that if doubt that female of previous alleged seduction, by having of marriage, then you believe the chaste and that illicit you should connection find him ��INSTRUCTION NO. The Court instructs the jury that accused on the uncorroborated testimony DuBosq, yet the of the if circumstances beyond is substantiate a reasonable her doubt truth convict of the prosecutrix, accused testimony of the you cannot and other Alice surrounding so as to satisfy of her the your minds statements, then this sufficient. The Court that admissions while the without further supporting the evidence instructs evidence the jury of the prosecutrix or circumstances but such facts upon the essential elements of the evidence it the to say whether for jury it is not necessary be such as would be sufficient supplies is that it as tend offense is to convict sufficient to support such and where there she is if is corroborated. it testimony such ��INSTRUCTIONNO. The Court upon the Commonwealth reasonable thereof, instructs doubt charged necessary for to prove against the mistake or to do more than as a whole reasonable reason, doubt. that good reason is, accused to entertain. which resting beyond material element does not mean that the or beyond the is the burden guilty to establish satisfy A reasonable a doubt accused accused, certainty the that and every the Commonwealth to an absolute jury the of an offense accused evidence the all jury guilty guilt all it of the possibility that of upon the thereof beyond all is a doubt founded on the holder thereof doubt is can give ��INSTRUCTIONNO. The Court is instructs a question the exclusively for to determine from the their manner of testifying, their testimony, intelligence in the result surrounding witnesses of the that the appearance their or lack jury the apparent jury; if credibility and the jury of the witnesses reasonableness candor of intelligence, trial, the have on the the right stand, and consistency and fairness, their the interest any appear, of witnesses and from all other appearing on the trial, determine are more worthy of credit and what is the relative and to give credit apparent of the witness circumstances of any such testimony, of accordingly. which weight ��I The person this with crime by the presumption of and apnlies having heard all of as to any fact indictment, the of doubt, }!JI. it to the the is and find their every of to duty him not the five guilty. the the ~r the upon charge and throui,,,h jury the the the after bas whole agai~st accused is doubt/ and if, case, ever:,,~ guilt accused thereof; t~e presumes ~:1•1 reasonable the accusea prove to all with in the until stage evidence esste,tial that beyond goes at suilt jury be innocent innocence case, doubt the Commonwealth entire sona~le 1~0o coc1.rt instructs charged establisbed J' STRUCTION area- case, him in benefit or the of ��INSTRUCTION The court defenda'1t offe•1se not with guilty which instructs if NO. the jury you believe the defe'1dant is /< le=' that from the you must find evidence char 6 ed was not that the the cornrnitted in ��INSTRUCTION convicted other The court instructs upon the testirrony te sti~10ny. arrount of corro½orating sufr·icient, which it i thout the does must not not that the the female undertakin1:. tells emanate jury of the testimony, court rest the (!_ "JO. seduced to indicate which "nry t; flt it upon her credi+ility, case .,,rnt cannot be unsupported the in this from the mouth of the wholly accused by precise would be oe evidence seduced female, that but must be such lflr/tl evidence as adds to, strengthens, confirms R;:Fcorroborates her ~..r 7 "1o ). ��INSrrRUCTION The court evidence DuBosq, that the defendant as charsed the defendant not defendant did not, marry said the )/.;✓. instructs the Alice prior jury that had illicit in the warrant guilty NO. if DuBosq. in this act you believe intercourse you believe to the if case, from the of intercourse, with yet from th Alice you must find evidence promise that to the ��Unit_J/~--------··--···--··-·-····-··-···--- PrisonersReportof Rockingham CountyJail Address -·--··--·······-········-······-····-········--•·• -•--··---·..•--····-······--·······-··············---···••·••·---···-·-·······••·••······--···-····-······················ Male LFemale .. ... Age Separated -Widow_ Amount of Fine .£..y .Race. .. Widower..·--···--· ·-··-- Cost_._ Federal--···---·-·········-···--······ ArmY---··· High Sch./~ ·----··-·--Sentence Time __ .Navy--·-·····--·····-··········--···-·· Others FeL--···~·-·--··-······--·-- .. _----·•----·----··--·····-----·----·-····-·-··---·· ABC ___ .......----···--·•--·••·-····--·····--· Ins. ---·····--····-·--····--·-··-···--·-···--·· Date Committed Court Committed Transferred rnvomd ........... . Illiterate _____ .._..._..... _ Gr. School .A...~-··-·-··--··--··--··-··-········-·-··-•···-·········-·-· Miscellaneous ~-f/_--:-::_()..tJ. __ Date of Trial... ... -,---·•--·---·--· __ Date / of Release ---···-·--···---····--······ ...-...··-·· From --····----··-·--·---····-··-· ·-·•-·•-···--•-··· -·-·----•-··-·-·-··--_.___ Type of Court--····-····--·..·······--·-····-········ from. _______ -···----·----·-··-·-·--··---·----··----·--·····__..Transferred Reason for Transfer Physical ~anied County_ .. ----···--···--···--···-·___ CitY-----···--·-··-·--·-·..-·······-······- Town --····-·········--········-·-... State--···£/.-. Offense /s;ngle To ___ ·---·-·--·-·--·--··--····-·-··-··---···-·-····-····-··---·· ..-· ---······-·····-··-·····-····---··· -·-·-·-•···········-········ ..······-·"··· .....--......... _...._.,.........._._ ....--..,....._··-··-··-·········-- Condition ···············--···· ········-·..-·-..·--··--·"······--· ._._Contagious Disease, If Any __ .. ·--·-·-···--······· __-··· ···-· ... ··- ······-•·•····..·-··--··· _.,_.,.,·- _-···········-··· Deputy and Jailor. -·--·-·--·····-·-····-·······..·········----·--···-········ ..····-..······ -----··---····-----··Sheriff ��DESCRIPTION Last kno'j "!':_ ~ ___________________________ ·_______________________ _ addm, ______~- Color ____/_(_______ OF PRISONER ___ ~_,7-'___ Height_ __ Eyes ___~______ Hair_ __"75'1\ _____ Weight_ __/._4- ___ Marks ________~ ______________ ,____________________________ . ________________________________________ _ Age ___,:2__ ___________ y Occupation ________ u~ Date o~;~~--!_j_-/d_lt>__~ t~ __ .. ____ ·----- J ,- . ------------------------- ____________________________________ • _____ -- ---- ~ @?t! Result ___________ -------~---------------------------------------------------------------------------------- - �~-~-~------------------------------------------------------------------------·- �DESCRIPTION OF PRISONER u_J~---- =--------------------------------------------------------------- Last known address _______ j:-=_52 Color_ ____]_~ Height_ ___ Marks _____{S)_/'f . ______________ --·-- _-- _ ---- ---- ---- __ Age _____'Jc-~-________ Qate of TriaL_/_ -~-j_b_~_J1-- Eyes __~-- Hair__ ~-- Weight__) ~ __ __ .,j.g.yt-- _-_z ______________________________ . __:'_ - ------- ---- __f!_ __~ _ --~ - ____"} __t/___:-__'k/?_MJ,J ____---- ---- Occupation ____ Result _____________________________________________________________________________________________________ _ �' �.Ii 3709 - Report of Witnesses for the Commonwealth Month Whose mileage and attendance of_~A=u,eg=u=s~t _____ l9__1t2_ were not collected by the Trial Justice before the end of said month. r.4,rcv, ~ - ..,v-/) - Fe!. WITNESSES Com. vs. Charles Pro. or Misd. Miles . Trial Du Bosq, .l!.akton, Va. Justice Mileage Total Date .L2-49 (j 1 1. Alice 2. Anna May Lam, II 1 3. Ella 11 1 .. . Glerl<: fel. ::$mith Lam Attendance Days - .su cb l.JO $1.50 .so 26 1.30 1.80 .50 26 l.JO 1.80 4. - ----$5.40 5. 6. ---- Com. vs. 1. --- 2. 3. I 4. 5. 6. All witnesses all necessary ferriage summoned for the Commonwealth shall be entitled to receive for each day's attendance and tolls, and five cents per mile over five miles going and returning grand jury. ( Sec. 3512) fifty cents, to place of trial or before �'.... t. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ~ .....~ ..~················ Yott are hereby commanded to s1tmmon..... to appear before the Judge of the Cirrnit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the./b. say in behalf of the Defendant ~c;:.....c..c-y- ......19-J..~~to testify ..•.day of. . .. and the truth to in the prosef:ttion of the /;017Jmonwealth against....................................... . .................................... ~ ..<:d.~ ..................................................... . who stands charged with and indicted for 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 House, the Q,~~ er day of ... ... 19-)~ _ and in the /7-ff year of the Commonwealth. ~~~,~LL.,;'~ /i..~. �~ ~ \ ~ \ t ~ COPY~ THE WITHIN----~-'_ ~XECUTED/-//..,6--_Qr.NTHE COUNTY01'· ROCKINGHAMBY DELIV~IUG A TRUE ~ V ~ -. tr ��.. �r---------------~-- ��.. �'•) R.,,..•: ~ ,;g ~/ . ~ _...---..... - . • ��Trial Justice Crimir.al Co,_1rt Docket No• .4-...E 7or Com1 th v. Charles AW Smith Date Arraigned '!'rial Date 7- IJ-- ¥9 / _,,/d- F-11,-1/9 2.~ 1/J~ ' / Ona plea of guH ty, held for Grand Jury. �AW 1 TJ 3 to GOO:onrad �� 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/. Title A name given to the resource Commonwealth v Charles Smith Subject The topic of the resource Felony Seduction Description An account of the resource Defendant charged with felony seduction Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1949 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_015_010 Smith https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_015_commonwealth-v-charles-tobin.pdf 727c57e4c8b5885a41fc8140354e835f PDF Text Text STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand the body of the Court of said do present 1950, in said dignity August did unlawfully namely, in and for and now attending Term, 1950, with Code of Virginia, the Circuit upon their the 11th and feloniously Paul Warlltner, 18 - 98 of the oaths day of June, carnally Julius the grand indictment Ritchie, jury to give is against the peace found upon the testimony a witness know the mouth in violation of the Cormnonwealth of Virginia. This Chief at its of Virginia., CHARLESTOBIN, on or about County, a male person, of the State County of Rockingham County, that of Section jurors sworn in Court and sent evidence. • of Police before and �Chief George Commonwealth's Police WITNESSES: bill: A true ~ _, D. Conrad Atto1"'ney Julius Ritchie INDICTMENT Foreman Term 1950 August Felony ;4 CHARLESTOBIN v. COMMONWEALTH �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, B. L. Kiser, Julius D. s. F. Ritchie, in the name of the Commonwealth RCo J 7th Chf Hbg Police day of_ _ IZ r to appear before the Trial Justice Court of said County, sitting in said County, on of Virginia to summon __________ ___..,._.T1...__1J ....yl'------, at 19-So-. Harrisonburg, Virginia at the hour of_~J.,_,;....,J.,_.Q.L......,lp_. •._.~ .... [.,._______ _ of that day to give evidence in behalf o.___--'C--'o_m_'_t_h ___________________________ _ in the pending _ v. case of _C_o_m_'_t_h __________________________________ Charles Tobin and Paul Warlitner �ti) Trial Justice Court ____ Docket No. Com'th 5711 A �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, John B. Evans, in the name of the ·Comrnonweaith 412 South Main St., 17th _ Harr_i_s_o_n_b_u~r~g~,,___V~a-•~--------------- to appear before the Trial Justice Court of said County, sitting in said County, on of Virginia to summon ______ at Harrisonburg, day of,__ ____cJuc..=l.c.oy,___ ___ , 19_5Q___::_, at the fiour ·of__ Virginia .,£.3--=-:-""3-"0---=-P--=-•=M=•------ of that day to give evidence in behalf of_...:Cc.co=m='-t=h=------~---------------------- in the pending v. 1 case of __,,C,..,o,..m,., _t""h,.._ _________________________________ Charles Tobin and Paul varlitner- Given under my hand this_~2~6t=h~ __ _ z:~ day 0£~-~•I~un-.....fA __ &--+-+--• �Trial Justice Court Docket No. A 5711 ---- Com1 th ( V. ( Witness ( Charles Paul Subpoena Tobin ar..d 1~ ,.• ,' EXECUTED~ IN THE 0Tf!' ROCKINGHAM BY DELIVERINGA R r' COPYOF UIE WITHIN-=-.r...;.,;....;.;;::~:;,,, 'l'O~~~._...-;....ii....i,.'-8..Q..._ __ _ IN PERSON. {arlitnero To July 17, 1950 at 3:30 P.l!. ;;,;?/~ y ~~~ .Jim£~,.,.,, �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth of Virginia to surnrno.~----------- T, m to appear before the Trial in said County, on 2, . .u Justice Court of said County, day of Jt:rn. sitting at'--_...,.,_.,j~ ~~..- =:.~J~ll'"'o=m~--,-,~--...._,..,,.;i,a~-~-------1 19-¾-, at the hour of __ of that day to give evidence in behalf of_t-+.,.,,..--'F,,H----,--------------------------- v. 'v 1 ---a2,.._ •...-jG'-""'v--1•~,-.---,.-'-.------- �Trial Justice Court _____ Docket No. I Jo• ;.. t.h ( V. ( Witness ( Subpoena in St. or o June 2', 1950 ~ 2 P. �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth of Virginia to summon __________ _ John B. Evans, Edinburg, Va. to appear before the Trial Justice Court of said County, sitting in said County, on 22nd at Harri sonhurg, 19__5Q_, at the h·our of.___ day ofL_~J~un~e~---- Vi rgi ni a 2----":'----'0'-'0--=-P....:..•M=-.::...• _____ _ of that day to give evidence in behalf ofL~C~o~m~' t~h____________________________ _ in the pending _ case of -~,.._..__......__________________________________ ._ v. Charles Tobin �Trial Justice Court _____ Docket No. A - 5711 I Comth ( V. ( Witness Subpoena ( Charles Tobin 425 N. Main st., Edinburg, Va. or To June 22, 1950 at 2 PM. �• \iVitness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth of Virginia to summon, __________ _ Alfred E. Eagle (Madison College) ---------------------·---- to appear before the Trial Justice in said County, on 17th Court of said County, sitting day of__ --"'-J-=ul=oL-y ____ of that day to give evidence in behalf of in the pending V. the defendant, ;it Harrisonburg, , 19.5.Q_, at the hour of__ ___,_J_._: ..,_JO~P'--'."-"'l_..,1.,__ _____ Charles case of __,,,.,_,_.a._,.._. _________________________________ Charles Tobin Virginia _ Tobin _ �~~ g ~ .. ~ ~ H. z § P> 8: 0:, ~ ; c:: 1-3 ....,_ .._, ti1 t:::I r Trial Justice Court t, ti1 H t"' H < ,t:i:l \· ~ z _____ Docket ~o. 1-3 gj Com th z 0 Ci) 0 > ~ 1-3 " 1-3 ~ ~ ti10 - .... 1--z< ( V. ( \Vitness Subpoena ( Charles to July Shetfff's paid in T. serving Tobin 17, 1950. 5711 A �TRIAL JUSTICE COURT Criminal Docket N<.' 5711 Com'th V. Charles Defendant Tobin AWDate Arraigned .\)i ' Appearance date Trial Date A �VI,....._~I A/J-,_~ ?() I~ • ~~,- -/ �Docket No. ___ 243_ 1 COMMONWEALTH ) vs. ) 7 of VIRGINIA Felony ( sodomy) ) CHARLES TOBIN Sheffey L. Devier -----------~---------,---,------P• Own {, I (X ) Appointed ( ) · d• 'C f CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. ��LA'W GlE EIARJR.Jl§((J) <DFlFll<CES COJPY o . .JE!l1UJNM30 VA. Co ~ L s f.: i.t., ril 1 t + .. ou e 10, oll, J•., olo:, 10 2 Sue nt 11: fi'h o cub ,. ct lo .tlo:r 1 a f,Jlorry .nc. T:e.s co,i,.itted ,o ::.'or obseilvati n ,'.nd ort. 1aiec e 'ii o lnnl :rio·:,01"t dl- oai tion ca.:n _ t th t t imo ::;o do of :"'or ·tion n ... •oque i ctmont :t· stit mzJco "O"' ,.:10. 'C LJ0•.10 cLe pendln;:-- c.1ru."gc. or<.Lnlly, Gcm,.··;o Co.· o ,alth' ::.d a tto1'in y �yqo~· �AFTER 5 DAYS RETURN TO LYNCHBU~G STATE COLONY COLONY, VIRGINIA ~• It,< •' ..,// . ri; ·~ ~-:\ ,'\ V rur. J. Robert S •tzer Q' I . • (,.-J -~-; }~ . ' . ...,~ ~j; Clerk of the Cou • ,),~--The Circuit Court of Rockingham Harrisonburg, Virginia ��<!Utrk' s @ffitt Hon.Har~ilton Haa~ ;._1-f_?.. 'J:._!'K JUDC:.E f\NENTY-FIFTH JUDICIAL LURAY, J. ROBERT Qtirruit<!Lnurt of Jltnrkingqant <!tnunfJJ 1tif arrisnnhurg, llirginia CIRCUIT VIRGINIA SWITZER, DEPUTIES HARRY MARGIE CLERK December 19, 1950 Dr. D. _. llurrell, Jr. &up rintar d.:;n t, Lyne:_ burg State C lony Colony, Virgi ia D~ar Dr. fiarre udge Hau has ask~d me to unsw1-,r your ette:r of Decem'ber 18, l.950, in regard to Ch·..:.rles Tobin. Judge .Haas does not feel the. he has dny jurisdiction in the 1J.atter and tbereror0 feels th::, r:atte_ should be left enti ely in your hands. Yours very truly, J. obErt vitz~r, Clerk MARGARET LEE BRYAN BOWERS B. WENGER �![fnno'il aJ,TU t.,"'v;,;B lD.J • RJW.::>8 M3Ch"l.'JW B 30 nu1pa ii· o~ l ~ •niq1iif ttr1udnn Y A .. H 31.>fL,~M T3fU,;:>RA.M .r jj . ldoT ! h1~ ~ �s-711-A Report of Witnesses for the Commonwealth Month of~ Whose mileage and attendance were not collected by the Trial Justice before the end of said month. IP 11, (£-1.' h ~ WITNESSES Fel. Pro. or Misd. Days AtLdanc~ ~;,& Miles r_K•l Ju•)'~ / ~~ ~,(>(f_J- •• • 1, Mileage Date . ' Fe/ Com. vs. 1--1---1-___,/,_/1~0 I . S-o 2. 3. 4. 5. 6. Com. vs. 1. 2. 3. 4- 5. 6. All witnesses summoned all necessary ferriage grand jury. (Sec. 3512) for the Commonwealth shall be entitled to receive for each day's attendance and tolls, and five cents per mile over five miles going and returning fifty cents, to place of trial or before ��j j I �7- 17- so (Jf_j_ • nfl --1~~ !!, ~ ~ ��STAFF CONFERErCE - November 21, 1950 Charles Tobin Reg. No. FM-7239 H. M. l.!Uackenbos, M. D. ----·------·--- Clinical Director Psychologist -- 1st Asst. Psychologist -- Psychological Intern - -- Psychological Intern - --Social ,1orker --&ocial 11orker ------ Mr. John N. Buck --------------------------------Chief Miss Hannah Davis--------------------Mr. Allen Cohen--------------------Mr. John F. Hurley-----------------------Mrs. Cecelia Cromwell ------------------------Miss June Driskill ---- •--r------1 Diagnosis: ·ated Admitted Octob Rockingham f o • for an act of ps.vc fellatio, fully physic and l;{b and psybh ourt Order from and study, indicted ogentiality 21 year old, d health, free from ·sablement. Physical sentially negative d and comprehensive it a schizoid type of an intellectQal performance undetermined mental production ed that physical etiological ental organic expression attended e components are manifested in vior pattern of this patient's adaptation. al purposes the classification above is ndation of socio-therapy, recreational activities ~r study indicated by reason of the organic features manifested by tne patient in his conduct. Encephalography and further x-ray examinations are indicated. H. l.1. Quackenbos, 11. D. Clinical Director ID.1o/jpw �J TC9J ILCCf ' J19'CJ{GlJpo I. ) q:rcu,rsq· f' '° lJC:GbJJ TO~L 9Uq tnLft' tGSfnL 8 ID'9lJ:t{.G2f pii. !" 2+ncp. :ruq:rcsfsq pA L .....a q . '{.OL 91J SCf Ot uocrqu~ to if LIBJ{IIT CLO b .ffGq CC.COP T ______ · ________________ -, ., :~LJGA----------------------OJJGU --------------------- 9,Ia CJ{ upoe • LT p:p.r ----------------------------- --------------------- T • D • --··-----·----------·-----.. 0. ("" �VI GI I • : I cou·T THE C •CUIT ROCKI1GHAI.:cou 'l'Y, O 21, 1950. August Comnonweblth vs. On an indictmen-c This E..ccused, and by his accused hu vi atto thereto. to the &t of this County to deliver the Lynchburg and report The Clerk :ith b. the proper ance at Colony, ment&l of this Court certified indictmcmt in suc~1 in the his proper condition, cs soon LS the m~y be prac- to the Superintendent Virginie., for exrmination condition. is directed copies herein, feid o· is such directed, of com..-noa.ealth necessc::..ry for Ch~·rles Tobin said his cuthorities The ~ti.id rid until r•for to furnish of th~s for the order, present£ tion together by him to upon delivery institution of the & cc used su h time tLe purposes for i&fyt r.ereu on rele' as the sheriff sed on his shall t··ke recogni2hi .. into c..foresaid. COPY. ATT STE: ~£ , Clerk. ~'/1 It hereby ;;. plea c.:onfinen:ent to determine st.id iccusecjlthereto. ustody A the the t.ccused is one or core copy of the for VirginiL:., is the t..nd entered th ...t his St&.te Colony concerning sheriff ,ent co di tion ln order recogniz&.nce ·::hereupon, tm t the court Colony, to his L. Devier. And tlie ;.:,.ttorney ana observction ticcble, said ( sodomy) the cor.1:::ionwe&lth, and car:..e pursuc.-nt Sheffey o:::- feeble-minded Sreriff for o.rr&ig_ ed on tl:.e indict. !c:.S te Colony with Tobin, ney, g suggested □ entc:.l care day ca::1e the attorney Ch· rles not guilty St l. felony s 1'o bin Churle the for L.JC/]A,;;;;.;;;,..,,,v'.,:J_(/_ - U, ~ ~ t~7~ • ~~ {b-r!(~ of �I .o ( j I :t 1 n a u �LYNCHBURG COLONY, STATE COLONY D. L. VIRGINIA HARRELL, SUPERINTENDENT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS June 20, 1952. Hon. Hamilton Haas Judge of Circuit Court of Rockingham County Harrisonburg, Virginia Re: Charles Tobin Dear Judge Haas: Charles Tobin was admitted to this institution 5, 1950. Examinations ma.de here indicate that he is definitely feebleminded and that his intelligence level is that of an imbecile. He is not considered, from the standpoint of his mental condition, as being a suitable candidate for trial. by Order of your Court October Charles was paroled in care of his mother, Mrs. Melvin Tobin, Route 3, Harrisomburg, Virginia, on March 24, 1951. As far as I can tell he is still in the home of his mother. There is a possibility that the operation of sexual sterilization will be recommended in Charles' caseo This cannot be done as long as he is here on Court Order. Please let me know whether or not you will be willing to discharge him from your Court Order with the understanding that he would be committed. inunediately to this institution by regular commitment. Wewould then be in position to start the sterilization proceedings. DLH/!hb D. L. Harrell, Superintendent Jr., M. Do ff (P ~ cc: Mr. John L. Holladay Court Social Worker Circuit Court of Rockingham County Harrisonburg, Virginia ~d ~ JR., M. D. �L... - cl �July 1, 1952 D. L. Harrell, Jr., M. D. Sup 1 t L chburg st~te Golony Colony, Virginia Re: Charles Tobin Der Dr. Herrell: Judge HaLs has handed ne your letter of June 20, 1952, that I inform you has b(?en nolle of' record and tht..t thi rel, tive to the ebove and requested that the C" se gainst Cru:rles Tobin prosequied court h s by order entered o further control in the atter. Yours very truly, J. obert Switzer, C erk �l t .., �pril Dr. D. L. Harrell, Lynchburg Colony, State Jr., Colony 14, 1952 Superintendent Vi ginia In .. e; Chc.rles Tobin Dear Sir: This is to dvise you thr...t the cc.se unc..er indic "ment ag&inst the Lbove n'med de endan.t h&.s been dismissed by order of this Court entered today. Reference Conrad, is ade to your letter Commonw....Llth' to Hon. George D. s 1 ttorney, dated April 12, 195 . Yours very truly, J. JRS:mb Robert Switzer, Cl rk �l l 'I • t • 'I l 'I �Comp. Form 18-A STATE OF VIRGINIA COUNTY __ OF Rockingham TO ANY SHERIFF r Whe,reas OR POLICE OFFICER:_ ua.LJ -1--:'-¥~a=~-"-''--''-'-"'=~~~~~-.l,lAc.......1..lS!c.,lu.....__,;z_1,L,U~l,j~,-4----1Vua., •.___,_pi::._ ...Li:q.i.;..t:e~) -,-t-,~:,:---.·i_,,._, ->.\.----,-"',.-: ...1.___::..,t',._,,, ,,.- J • Court· :\.) has this day made complaint and infonnation on oath before me, "-' (Name) --------------------- Charles of the said County, tha~--------------- (Titie) Tobin dl'd \ __ day~~ , ~) ~nally Section m the Slld County • S-c, , • > , -~ know a male person, namely,'Paul 18 - 98 of the Code of Virginia, Warlitner, against Unlawfully arltl feloniously with the mouth in violation the peace and dignity of of the Commonwealth of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. ~~ /3 And you are also directed to summon ~ color w Address LI7--s- IJ M A / IV g Lo color Address --------------□ color Address ---------------□ color Address ---------------□ color Address ---------------□ as witnesses. Given under my hand and seal, this /J/.~ day of (Seal) �I, and at -c~--1..,___jL... M., .\t or further heard, and before any court thereafter havi for the offense with which he is charged, and shall not and effect until the char.l{e is finally disposed of or until the said =---==.-----------------fro~reof. Given under my hand, this_..,-,/~!:_,.., (1:11__ _ day of c... ~ (j 0 --i ~ 0 ~ 0 ;:r ;:r Ill m '1 c+I "< 0 [ t--' '1 e (1) (1) '"g t--'r-'· '-0 < c... {/) f-'• ::s Vl.(l) s:: {/) ;. ~::s~ 0t-3 en n s::• cr' s:: n >< ::s f-'• H:, II> 'Tl s· n "' ~E ~ C. (D "i ~ ~ ~ - f C.1 c+ ::s 8,, 1-3 0 Ill sn I-'· (1) 0 'i s:: (/) (1) Ill p., 0 t--' f-'• 0 c+ ;:r ::s (1) 0 0, H:, 0, ~ (1) 0 H:, 'i 5· c+ ;:r (1) H:, (1) 0 > ~ (') ~ z--i o' 'Tl :s: 0 9 z z ~ t:i::I ~ > tr1 s- 0 >-i ;( 0 ::s > ~ ~- ~ l:J:j (") :> I-' t"' >-i {/) --i ::s 5· c+ p. n ::s- ti) c+ ;:y g. c... (1) ti) (1) H:, --.,J 1-3 Cr. ~ ;:y ::i p. f-'• p., s· t, ~ 0 ;:y 3 I=,' 0, 0 c+ ;:y !" ::i 17 f-'• f-'· 0 en f-'• ;:y Ill ::i < t--' I-' :i,,, ::r: ... II> IIQ !" .... ::1'I ::s 0. ::s g, J ::s <+' '" (j 0 ~ ::, --i 0 E. " --i 0 E. (") 0 - "' "' 3 3 0 ::, ~ (1) ~ s~ 0 ,.,, ::, ... {/) c 3 3 0 ::, 5· :,q ~ ~ '-; ~ ... 'Tl ... "' ... "' > ., ::, ::, -., (") ib' ,.,, :,;- 0:, > ., ,.,, ., n... ... ~ ~ ib' ~ E (IQ c::, ~ .,., ,.,, ... ,.,, 0. ., ::, - 'O 0 ::, ~ ;; 0. q c.. 0:, 0 8,, ::, 5' ... n... "' "' ... ::, .,,.,, ., 0. '< 0 < ::;· ... < ::;· 0 ., .,., OQ 113. 5· ::, 'O 'O F ., F' ~ (1) r::r "0,.,, ... ... :r :r ... --i ... --i ... [0 -Y> 0. "' '< En () 0 ~::;· cg {'/) >-i {'/) -Y> ... ~5" ... .. (j 0 rv VI. VI. 0 rv •0 0 I-' N vl VI. 0 rv 0 1--' 0 0 5· ;;;· ::, -Y> I-' I-' •N _,.. "' -· 0 ~ aq ... ... c .... r - 0 (") "' n "' :\: ... ., n ,.,, n n 0 c aq ::, g 0. 0 ::s ;::;· (1) �LYNCHBURG COLONY. STATE COLONY 0. L. HARRELL. VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS April 12, 19520 Hon. George D. Conrad Commonwealth's Attorney Harrisonburg, Virginia Re: Charles Tobin Dear Mr. Conrad: This will acknowledge receipt of your letter April 10th concerning the above mentioned boy. of After careful study and examinations our staff diagnosed this case as Mental Deficiency, Undifferentiated; Intellectual Status: Imbecile. This boy got along nicely here at the Colony and caused no trouble. In December 1950 this boy's mother requested that he be allowed to return hom for Christmas and we took this matter up with Mr. Robert Switzer and he wrote us on December 19, 1950 that the Judge did not feel that he had any jurisdiction over this boy and we therefore permitted him to go home for two weeks. He returned on time and on March 24, 1951, he was paroled to his mother with the permission of the Court and he has been at home on parole status ever sinceo Reports from his mother at intervals indicate that Charles is getting along satisfactorily and he has been allowed to remain. He will be considered for discharge now that he has been out for over a year and we would appreciate your recommendations in this matter. A. ;~;:;(? llU) D. L. Harrell, Superintendent /fhb Jrt/'R. D. JR., M. 0. �0 < )' J l, ,I ) ' ( )' 0 I_ I1 C ,d 0 0 'l 0 .r .' c·. \ �LYNCHBURG COLONY STATE COLONY D. L. HARRELL. SUPERINTENDENT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS December 18, 1950. Mr. J. Robert Switzer Clerk of the Circuit Court Harrisonburg, Virginia Re: Chas. Tobin Dear Mr. Switzer: The mother of Charles Tobin has requested through CommonwealthAttorney George D. Conrad that Charles be pennitted. to spend 3 or 4 days at home during the Christmas season. Charles has made an extremely good, passive adjustment since admission to the Colony. The diagnosis Mental Deficiency, Imbecile levelp is My recommendation is that Charles be pennitted. to visit with his relatives for the stated period. I would appreciate your bringing this matter to the attention of the Judge of the Circuit Court and request him for me pennission to act accordingly 0 ,I Yours very truly, (f'\I •. , ,. D. L. Harrell, Superintendent DLH/fhb cc: Geo. D.. Conrad CommonwealthAttorney Harrisonburg, Virginia Jr., M. D 0 . JR., M. 0. �\ ') . ( �LYNCHBURG COLONY, STATE D. COLONY L. HARRELL. JR .• M. SUPERINTENDENT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS November 21+,1950 Mr. J. Robert Switzer Clerk of the Court The Circuit Court of Rockingham Harrisonburg, Virginia Ref: Charles Tobin Dear Sir: Herein please named patient. find Staff note relating to the above At this t~ne Charles Tobin continues to make a quiet, cooperative and passive adjustment at the Colony and continues in good physical health. No overt special behavior manifestations or traits in reference to sex perversions have been observed or recorded. It is desirable in tne best interest of the patient I s welfare that our studies s ha 11 continue. I am, D. L. Harrell, Superintendent Q/jpw CC: Mr. Sheffey L. Devier Attorney at Law Harrisonburg, Virginia Jr., M. D. D. �� 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/. Title A name given to the resource Commonwealth v Charles Tobin Subject The topic of the resource Sodomy Description An account of the resource Defendant charged with sodomy Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1952 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_016_015 Tobin https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_002_commonwealth-v-chester-pence.pdf b8893ab5e0f788cc29d52272b8b09892 PDF Text Text • SOUTHWESTERN MARION, STATE JOSEPH HOSPITAL R, BLALOCK, SUPERINTENDENT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS January 1, 1953. Mr. J. Robert Switzer, Clerk, Circuit Court of Rockin~ham County, Harrisonburg, Virginia. Re: Chester Pence. Dear Mr. Switzer: I am enclosing in duplicate a report to the Court concerning the mental condition of the above-named. It will be appreciated if you will transmit the original to Judge Hlaas and retain the copy for your files. Very truly ~ yours, ,I( 41..J_,,.;I Joseph R. Blal,ock, M. D., Superintendent. JRB/ft Enc. 2 c.. M. D. �• ..i �SOUTHWESTERN MARlON, STATE JOSEPH HOSPITAL R. BLALOCK SUPERINTENDENT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS January 1, 1953. Honorable Hamilton Haas, Judge, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Chester Pence. Dear Judge Haas: The above-named was admitted to this hospital on January 6, 1950, having been committed for observation by your Court. A report was submitted on May 16, 1950, in which it was stated that we found him to be mentally subnormal and that the diagnosis was ''Without psychosis, mental deficiency-moron; 11 that his intelligence quotient was 56; and that while he had the ability to distinguish between right and wrong he was sufficiently limited in his mental capacity and in his ability to restrain from making sexual advances to make it likely that he would continue to be a problem in the community. It was recommended that care in this institution be continued for the near future, that a program of decreasing supervision be followed, and that a subsequent report or recommendation be made dependent on his progress. This young man has continued to work under supervision about the hospital and to be of use in one of the kitchens and on the farm. His oehavior for the most part has been satisfactory, but there have been some indications from time to time of sexual interest. 1fe still feel that if he were to live in the community this would be a problem, and in view of the whole picture we would now consider him as "feebleminded 11 and not responsible. Our recommendations would be that supervision. he continue on here under hospital Respectfully, L_~J. a:s~;-;--Blalock, Superintendent. JRB/ft ~-- ~~ M. D., 1 M. D, ��Ja."1U:'.l.~.f Hono b ·llton ci~c it Court of Harrisonburg, s, .r 1, 19_5). g , ockin~ham ount, Virgir. a. Re: Chester Fence. The ·}o,e-nro~ed wag a ,itt.ed to ti.is having oe0n com:-j.f,ted. pita1 or. J,l.l"uary 6, 1950, by your C3urt. 110 or ohserv1tion s sub::litt don Pay 16, 1950, in which it as st ted that • e mcnLnll,7 subnor ~1 ar;,: t:w.t t.he d-J..,:;:•o s rtts 11 'ithout. ps· chosi , mental de cien -1:oronj II that his int.elli 1er,ce q1.10'...ient.•r,;ao 56; and th t ;~ile he, had tli- abi ity to d.1stingut h • twoe. ri,. ,t and ~ ron ~ z,e wa3 sufficiently 1 • t•_ed i1.~s raontal Cu!Ja.cit and in .L ability to 1-ed:-0:.1. '".rorr."·iki .; 301-.ual adva.~c 3 to ;ri...ke it likel.t nr t he wou:d c...ntL1Uo to he ?.. problem in the com•,;unit.r. It wa.i:; reco ..1.,nded • hat c 1 e in t!1is ir:stitut~ on e con~in ed for l:,h....near future, the,t a pl~or~r;;. of lec:.~eaGing su. ervlsion be followed, r..nd that a $ub3e·1Dent rc?Or':. or rcco, .oncht"on be made depen ~nt on his progress. A .eport we found hin to Thi yo 6 an has continue t work bcut the hospital anrl to oe o ,¾" e in one O.!. t · • LCuE>ns and on the far . .-iis ;enavior for the mo3t part. h s been 3~ti □ f'1ctorJ, but ther have been some indications .... ro'il t:Lnie to t:r:-e o:. ~H-,..,,ral interest. ,, · st 11 fee 1 th t if he w.,re ...o live in t.he com.c::.unit.,this wr~uld be a prob em, d in viev o t'1e wbole picture we would now consi • r h:lm as " eeDler:linded 11 and not re pon.,,i le. Our reco• mend tions supervision. would be th t h, contir.1 , on her un..,er hospital Respectfully, ~~~~· f/~os~p~ fi. n1a·ock, M. D., Su JRB/ft rint ndent. �,f • Ls t I T e b[ r �11/14/49Commonwealth vs. On a warrant Chester charging the accused, of this @hester county; req_uested Pence, and said the court W.W. Wharton accused to appoint said the court for Pence, set entered out, a plea for capacity he be committed S0 uthwestern observation and observation, State hereby body of the hereinbefore said set concerning of Section of this directed, accused, HoS_iJital at Marion, and report county, him, his thereupon, herein. this day signed arraigned, on the to hear the And the attorney that said confinement Chester in a/ the feeble-minded heard thereupon, evidence it mental as to is GRDEREDthat the criminal. Virginia, is necessary insane at for 9roper condition, in whose custody tne accused tJ deliver Chester for to said Hospital care, pursuant as soon as may be practicable, forth. said 4909 of the Code of Virginia. Pence 4866 of Section proceeded and having to the depa rtm en t for to the provisions the Sheriff of the his and having accused rea on to believe or colony such mental counsel sheriff or presentment of not guilty. hospital care said thereof that proper by the to represent and the court condition for without indictment Ponce is in such mental the insane court by writing And being the commom<vealth having for into with the provisions waived on the warrant. Pence being counsel in accordance in the warrant the case Chester rape) the comJllonwea.Lth, and to represent Chester of the Code of Virginia, for was brought is appointed And thereupon, charge (attempted Pence This day came the atturney before a felony And is, is the the pur~oses �p6LGTUP6tOL6 p:)([fl. 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GOIJt:fJJ6ri1CIJ+ PGJ'T6A6 ,:q: GA:fq GUC6 MT+JJ +PS bLOAT2TOJJ2 sM10:r11+ .pJG :r; G9'L6' i"JLO T),_j L r,eepJs-m:ru1sq p:r2 +O L6bL62GD+ E,Gnce, O:SA GSL'J6 fO ~0L8ITSD+ :pJ2£':rJG pegr,q Ot UO+ gITTJ+l• vuq 26+ rµs tOL :ra wuq J\'.f'L~FIT£r- GL:f'U'[U8'T JJS'A:fIJii +P9"+ .1.,eg2ou bJGS M~ LLSJJ,+ f,16 mJq +lT& r2~ couqr+TOD) +PGLGITTJou) coroui-.. tot ru2rrue 6Uf6LSQ corrG 01, +fl& hrrL~08G2 :"Gcrrc:Gq J\TL ti:prp:rl t\D.j:.' tOL +FG tr~ qGJTil.GL +fJ8 rueu;sr pra t'iL ..1PTG' cn2-i:-ogA + ~'J\'!LTOD~ qc}ir'L!''i op2t>LA9" H02'~r+<~T '\"2,0-4 C't, pre CODGGLUTUg OU ,PJE, M8'LJ...SU+· c,·,h-; a-a-rq Meo28 f'Tfi 1vDC6 C~62+6L +JJG ru co1JJmout~G9JfJJ JJ'c:lA:ruQ ,i:po .ro cghgc:r +A 01;, .j:JJG S"ccrr2eql bL006L b'-'IJCl.::i T2 +j.16 ~.. 2 ID?"/~ p.;;-·bl,t'C.fTG' 20017 LS~OL+ 8+9' p~)8'1Tr~;T t,.JL tor. S2 ot 2ec-i::rou GOJIJIJJ:f+~sq 2rrc;1 lllflJ+9T tOL T,2JJG6 br.,011.r~rou2 r-svnq:N,68 pG CP62+6L +!:T2 c0mr+'.\' 1l, opeGLA~+rorr sea p8 tOL+p· p:\ +TJ6LGfI')CiU) guq +IJG COllJ'ITOJ.T&\&gT .pµl JJffATU~ 2JJBI.,:fl_ gIJC'I' r,oUGG A2• COlillilC'JA\bS'J JJ\ri!\ "vct• OU ~TJ 'J N.gLL9'rJf. cp,rt€:pJg '3' t8TOUA (S'f'+6UIOf.6q L9D6J �SOUTHWESTERN MARION, STATE JOSEPH HOSPITAL R. BLALOCK, SUPERINTENDENT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS May 16, 1950. Hon. Hamilton Haas, Judge, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Chester Pence. Dear Judge Haas: The above-named was admitted to this hospital on January 6, 1950, having been committed for observation by your Court. This patient has been carefully observed since admission and history obtained so far as practical from various sources. We find that this man is mentally subnormal and our official diagnosis is "without psychosis, mental deficiency--moron 11 • On psychometric examination his intellig~nce quotient is 56. While he has the ability to distinguish between right and wrong, he is sufficiently limited in his mental capacity and in his ability to restrain from making sexual advances to make it likely that he would continue to be a problem in the community. I would recommend that care in this institution be continued for the near future with a program of decreasing supervision, further report or recommendations to be dependent on his progress. Hespectfully, 1~ ,{,~. Joseph R. Blalock, Superintendent. JRB/mb M. D., M. D. ��. on. "! ·' lton ."' o, Ju .'e, • t C u -t. o... ilDC 11,,.,:1 H ria)nbtrG, Vir[;i! i •.. Gire 1.;oun y, ....,. '""' ~ abovo- T'10 1950, - Ol' hos o is h lre "V al on Ju U!. r 6, b • 'OU!' vourt. s·on and 1' 1.:lo ...ti t ·r oc . '1istoi•y o tai,1c:. '"' . ar .e find t· t t t•,: i :nosio is 11 On p ri tic .ro , •o '1 __ nd c .._ty -l V y l r. .. 6. · r 1l1i.:. i 1 - y and to "' Ito ~ •;_, be ( on , •epect • . y, ~tf-~ ..io·oiJh.n.. ~.~., Up ,. �• • �------ 6 Arrest Warrant The Commonwealth of Virginia,} T •t • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, S. H. Ce.) J ender, Sheri ff of said County, has this day made complaint and information on oath before me, _ _.:.._Jam--'--'-e-'-s"-----W_.-------'L-=---i_n_e_w_e_a_v_e_r,_,__,_J_.~P_. _________ _ T. J. or J.P. of the said County, that __ -1CJ-<h(.,/,Ce~sl..\.t..ce::.ir:.-,P,:;...c;;e ... n"'c;.i:e,..__ _______________________ _ No..,ember , 19----4-9, in th e said County, with foree and arms in and upon the body of Edith Kenney, a female person over the age of 16, feloniously did make an assault, and her, the said Edith Kenney, did beat and abuse, with intent her, the said Edith Kenney to ravish and carnally know, against the peace and dignity of the Commonwealth of Virginia on the 12th day of These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said ____ __________________ CU-L.Jbu::eu:s:utwe:,..rL,:...-~P~eL,,\.n,l.lc.;..1e=----------- to answer the said complaint and to be further dealt with according to law. Given under my hand this~l,i,.3~th-H------ John Sel It - - �of Rockingham, State of to the ) as to County at That the said indebted and .................................. . themselves and for the County have this day acknowledged dollars appear before the Trial Justice Court of Rockingham to be made and levied of their goods and chattels, yet upon this condition: OF ROCKINGHAM, TO-WIT: of Virginia in the sum STATE OF VIRGINIA-COUNTY Commonwealth which they severally waived their exemption, ~ ~ I 4l c5 z..., Q) u 0 .!-...... ...0 0 ..., >- t ...c: rn v ~ Cl) 0 .s ~ Q) g Q) p., I-< ~ ~ Q) QJ ;.::: ...c: ',:j ..., ',:j -o Ct! C: 00 Q) U ~ Q) C: >< ·- f,I Q) Cl.l +:> Q) r-. ·- s::J Cl> ...c: ...,·-C: ,d Cl} .µ l7J Cl) J!.i Pi -< ..___,__, <n > ~ .,r.l ~ Q) I-< ...0 Q) <-8 <,Fr 0 ...... >ct ',:j </) .:.2 ..., a:½, o!~i , 19 0' ~: ·- • Q) tll:-;:::: Q) r-l ~ ~N rn C: rn '"" <,Fr </) <J) Q) C: ..., Q) tF;- ro 00 ~ ~ ',:j C: ro Q) ~ 00 C: g ·a Q) ~~ Q) QJ ro 00 ~ ~ </) "1-, Q) u \£l 0 ~: Q) u-< .s;.. «)! Q) I-...0 ',:j ~ v > <,Fr 1 ~ ro ~ 0 -;;; ..., f-, \ . (\J C"'\ ..::t (/) Q) .i ~-4, ~\ 1 ro 0 ct \ ~"-J, V'. ~ ~ ..::t ·s "8. 00 QJ ~ t+-01 I-< Q) C: 0 </) ·.:: 0. ] I-< I-< ro </) u <J) I-< rn ..., ~ ~ ~ ~ ~ : o! ! flit : -......i tF;- ....... ·@ µ_. - Q) Q) </) \;~I~, J</) Q) \ :s\ -;;; ~ C: >;:I rt"\ 0 ,...., ..., 0 rn ',:jrn E c: E 6 C: st -..::t:a E ·-..., 0 t! ;:I . ~~ µ_. ;:_j~ Q) QJ ' 't'?,' tA- tA- d ~: ~,: ~jl,ij I <,Fr l ; tF;- Q) Q) ·"' I-< Q) u iS -< en - </) ......................................•................................................... , on the ........................ day of .... ..... ..... , 19 ........ , 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. ..., I-< ;:I 0 Q) u u </) ·p ;:I ,...., ·.:: -;;; f-, C: u Q) Q) nJ 00 </) ~ ·;:I C: .!<I ;:I µ_. ,...., </) -~ ..., </) µ_. Q) ...c: ...c: ..., Q) 00 0 ~\F Q) µ:; C: "v ~ C: ·.:: rn ...c: ..., ...... .:.2 ..., -~ u C: ..0 Ct! I-< <lJ llO ·.:: E E ·s ...c: ..., -;;; Given under my hand this, ~ z ~ µJ Cj 0 ::> 1--) C: 0 0. ;:) �-----AFTER 5 DAYS RETURN TO -- --- -- - DRAWER 670 MARION, VIRGINIA \ \ Mr. J. Robert Switzer, - Clerk, Circuit Court of Rockingham County, Harrisonburg, Virginia. �-- ... �Trial Justice Criminal Court Docket No. Com1 th v. Chester Pence All' Trial Date at:raigned II I~ .. t./1 date / (- I Cf - 'I-'f �TJ 3 AW1 �2 c/ d i . Docket No. COMMONWEALTH of VIRGINIA ) vs. ) Felony (att. rape) ) On Warrant CHESTERPENCE _,W,.,___, •._____,_,W~--Wha==r,_____,t=-=o=n=----------P· Own 1949 Nov. ( ) Appointed 14. Indictment &c. waived (in jail); arr. & plea n.g.; and com. to S.W.St. Hosp. for observation and report.½ 4 lf-Js~ / _,3 ,,- S:, I /f? ~f- d d. (x ) ,, 4~ ~4 ~ I ~~- ~ /c:/.J4i CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. l/ �� 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/. Title A name given to the resource Commonwealth v Chester Pence Subject The topic of the resource Felony Attempted Rape Description An account of the resource Defendant charged with felony attempted rape Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1960 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_020_002 Pence https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_011_commonwealth-v-cletus-garland-evans.pdf c30e7e5420cf6ad8d2e4e869854bc7b0 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/. Title A name given to the resource Commonwealth v Cletus Garland Evans Subject The topic of the resource Felony Manslaughter Description An account of the resource Defendant charged with felony manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_020_011 Evans https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_007_commonwealth-v-daniel-h-hillard.pdf 69359f9eebaa9cd36e72812f9a8f427e PDF Text Text HIL:.L.EU), DiJ~IEL 11. 4/11/61 - nolle pressed guilty of reckless driving and fined $100 and costs. ��Comp. Form 18-A STATE OF VIRGI~ COUNTY OF_~_~~ TO ANY SHE Whereas, I ~/_ No ______ To-Wit: _ F OR POLICE OFFICER: ./}. ~ • (Name) ' These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said County, the Lody (~) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: __________________ color ____ Address --------------- □ ___________________ color ____ Address ---------------- □ __________________ color ____ Address ------------□ __________________ color ____ Address ---------------- □ ____________________ color ____ Address ---------------- □ as witnesses. Given under my hand and seal, this---2-~~:.. �STATE OF VIRGINIA-COUN1Y to-wit: OF --------------------, a Judge of the County Court Justice of the Peace I, that and ___________________________ __, in and for the County aforesaid, State of Virginia, as his suret have this day each acknowledged themselves indebted Dollars to the Commonwealth of Virginia in the sum of ----------------------------------------( $________ do certify ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth be rendered, yet upon this condition: That the said Circuit shall appear before the County, on the to Court Cou.oty day of --------------, 19__ , at ______ M., at ------------------~ Virginia, and at any time or times to which or further heard, and before any court thereafter having or holding any proceedings in connection with the for the offense with which he is charged, and shall not depart thence without the leave of said court, the said and effect until the charge is finally disposed of or until it is declared void by order of a competent court; the proceedings may be continued charge in this warrant to answer obligation to remain i~ full force and upon further condition that of ------------------------ the said --------------------shall keep the peace and be of good behavior for a period O·~-----------days from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. day of ________________ _, 19__ Given under my hand, this ________ Judge. J. P . ....,.., C: "' n, C: i:,..'8 p "1'l s· Er n, " c::, "> p t i:,.. s- ..... 0 " (") 0 "T1 >-l n, §. s· 0 i-j 0 §. (") fil i;: V, C: B B 0 B B 0 ~ 5· p p ~ ...... s· ~ ~ p ~ (") ~ """ °".." .. .., "1'l n, n, n, > ~ ~ ti:, t ~ E ~ C: p e: .., ..::: i:,.. .., n, p e. i:,.. ~ 0 n, n, "' )!. "' " < ::;· 8 tr ... i:,.. < ~- °" s· s· F. ji" .,... .,... ...., i:,.. 8 .., p ,.,., 'O n, °" fti s- ~ p.. ti:,0., s p.., .., ~ ~ ., i:,.. '< 0 t Sn, '< (") 0 V, i-j V, 0 p go .... 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/. Title A name given to the resource Commonwealth v Daniel H Hillard Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1961 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_020_007 Hillard https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_005_commonwealth-v-david-leon-smith.pdf 606dbe111311c01187caf7e0b7df603d PDF Text Text Arrest Warrant 6 The Commonwealth of Virginia,} T •t • gh am C ounty, o-w1 R oc k 1n To the Sheriff of Said County: Whereas, George D. Conrad, Commonwealth's Attorney Porter R.Graves made complaint and information on oath before me, on the day of_ ____..A._n._g..,n ...s....,t._ ___ ]6th lawfully did kill 41gn1ty of tl;ie ~~ and slay of said Co4?ty, has this day .l.x x(LJfflftx,ai&iiJao xait Trial T. J. or ,,19A..a_, in the said County, one Beverly Jean Smith, J. P. - \ • Justice , •")• ,.r <i'l!J!I! , feloniOu's1y'and against un- the peace and on.wealth These are therefore, in the name of the Commonwealth of Virginia, to command you. forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said_ __.,D£Jia ..vs...1-d.....,..L...,e .... o,..n..____,S~mi...._.th......_ ________ __________________ _ to answer the said complaint and to be further dealt with according to law. Given under my hand this __ 2....... 1-B-t~-- Memo. of Commonwealth Name. day of Witnesses: Address �M 'ttet .. ., 8 ~..:i ~ g ;:;· B :r B RS!::,!!., o -::i.o: JUDGEMENT C) <. n Trial Justice Court ::, i:: ::, ~ ... ;;·n~>' :r ;::io..f n;o7, ~ ~ n :r ... i:: ., : ., :r;:i::, : ~ 21, 194! U nnn th~ hearing of the within cha,ge, .i .1 ll ~ 0 tliere tg n~fficient probable cause/an'ci the defendant is held for action of the Gr add Jury. _.. Criminal Docket A.__L • .: - -'- X il h ·eo-mmonwea t vs. 'NoA ~ /'f:;JJ-' :r ; Q.. ,.. a ffg l g_~ e:g-, ~ ::i ::, ;-s:o n ::, ~: { Arrest Warrant n ;#~~~ ~ ;; 0 .....1 ~ .g ! o. i o ~n ::r =g ~ g i ::t'.r' : O'"'n:P: ~2.""::,: n ::, :ro.; roOQ~ri>: ::, l""t -· Cl.~i ~~ before $.;~~ ':-' .. 0 ~OQ:::?. ~;~ 'r' Fine Issuing Justice's Fee $_._/, Trial Justice Fee $.....Z ..o..o. Arrest and Mileage $...../~--·~· Summoning Witness- $...... 3,.oo .. • lV>H, - :g r, "' i:: ... ~ Q.. ' S, rt ::r' . f .. Q.. :;i~l ~ ;· -,.. ! : C ~ l • ::r.-<: 8 !l -= : Q.. _____ $....................... . Miles travelled by officer Total mileage Trial Justice n, e, . - - :r ;· ~ IC) =n :r_ i::::, ~ o gg () Q.. =OQ OOSOt, ~ 0. o' ... S-Q :::i ........... ~ :r w :r O .,g,.. ::, n ()'ti 5·0 :.,-"; II> ~ "311QO: !!1. 0 ::, . n: : s· Q.. !l n_.~. ;;·::Sg-....,n n 0 ·i l""t .Io. ;;· n i:: ::, ~ " . g ; -<~n~no. 0. -·'ti : .,.. -· cn·o"": 5· P. 'tl::lo, 0<> o 0~1'>:r::, ~ 0 ~ '"" it o <.-n !!.. ., n ! " -· +- P 0. ! ; c.o: ::, :IIQ -· i B so : g. ~ : ... ~s:~ : g ;:: i 0. i ~ :rs i:::r~ ... r., O "9--so ::, "so : f; ::,II>-< ~ .. "" ... : 0 ~er soS:.s;: ;;· ..f'D(\) ..... '"" Officer's Mileage Miles carried prisoner tt B B ;· o~::,: $ ::," ~ Q c.o: :i-- :r (D" n Ul ! ll ;· 0. _ o.S-e:,~ B ;i ; Jail Fees ~ lJ,=v n Q..Cb[ ~-·~.,.,.. $...... -~_.£() 67 r"' ., 0 i,9. (b5·,.,: 12,ZPkrAtll,'A,j,/.. ruo - - - - $ /~ ~dn a.· S-g~; "::::. , 19~ , ,,.-and Mileage $...../ ::,"01"'1 tp day of -7"T';op. -~,~~, ~ Commonwealth's Attorney Total 1,./ this ~.r. $....1~.... r:::-<o ~: o o .. Cler~'s Fee Witness Attendance :,:,. S--------·---···· ··- ., ::, n ~ ~ := i.~; If .. •! i "' 0. 0 ID 17' '"' ! g :;·"1 ::r'""4 ~ ~ : !"' [':rg O O O t ::,e..:r~ ~ ~ : O.n : S.5·1-1 s-; ~ :-l J;.,u_ ~ : :,,. -< ....... 'Tl ~ 8 ii z B ., w ~ : '!- ' n ~it. ·e: !!. n l""t: ;.~ a-i 17' ; ~ C) ~ ::i ~:-i s· 0 ~ 8 g i ! ' g. -· ..... ::i ~ ;fo i:"o ., o ; ...._ -< n "' i:: BS-. ..._o i oa:C: r.o ::, : :;-5-~e.;. l .... ,....n Q..n ! ~ ::;· n D) Executed the within warrant by arresting and delivering the body of n,; B B ff::,; S-i X :ri:: n: 8 0 ::I~: ;;~~~.! :r· ! "' o'~ 1 g g;::§.i .... o, n ::;'O 0 ~ -· ... ... :r .fl-3 ~~...:g; 0 0. > ,-j 'Tl 0. :r <. s· n -· : ttl : __;· ~ IIQ :r. <g·olf::i! oo.ff: ~ ;. ::, ., ;~ .P-"g~ 0. s· - OQ 0 - '""<: -< ==~ ::r'Q..: en --l <: ;; ::; .. ~., ~ Q.. ~.:"'11i "" ~= ~ ::,j sept. ~ ~ ;.::, ~ o ..... - C) I ~ ~ �·ocT 1941 ·= T, i I( I , .... COMMONWEALTH VS. ) Felony ~ (mans.) DAVID LEON ~MITH / ,"'-d~ I); 0 ~, t; ~114 ~5-- ~t- ()~. j,,~- - M"?';;;;;p;~-~ 7_,.,---;,r1 #1 ��In the Name of the Commonwealth of Virginia: 0 &h: You a,e hmbv commanded to summon 22_::::t~r..; ~~ .....l.ftA ..:....s1:~~., ..... ~~·••· ~~ -v-::::: ...:b.tr-F--u-J->:~.... ~--~·.·:::::~::::::~:::::::::::::::::::::::::::: ~-::::::::::::::::::::::::::::: ?.I~.: ..... ~~J···lr~ 1l~··T··•··· ..... C:t~~.:~.~~~~~~::.~:::i :: a.~e:~c~oc7.e a~h:~u::et:::z-1~1: to.tcstify.and·the·trudlt······~lfp~-···················································· who stands charged with and indicted for a felony rQi!idemeeao£. And this you shall not omit under penalty of £100. And have then and there thisWrit. Witness,). ROBERTSW~C~kof day of.•••••• ~---, THB SERVICE PRBSS 19 out ~t"• , and m ilie }:=~~letk at the Court House, _ tl,,,../:1'-.-':it,._, �1~nt V ~~- ~~&- �o place ma, ,g + ~ £ f.2~ .,1 abode, Executed ...../ r: r UbU 11 t) - t:2 (L-:___ J:1:..£____ .by deliver! 1 :=::~0--J--C,,-U. usual place of abo~ his family above th,.,e ~ ...... L&,l,U .. -~ .) r l-f.'.....(....1ALA.qf><J <116 years, and explaining t w J:i.d '"her.£/), - ~ ~~.-(i~~ ·,c,fr,~. ~;..~- 4:f _, ~ .W~ "'800 r,f abode, Executed.~ true oopy of thla ~,..,.,Mt~ :i t t ¥:" on, uaual t,10:aeof d ,d~J.Ohl... hi'a family above the age or 16 .,, her, t ')1.L&. ..:tr1---~~v a .. ....., a.rs, d explaining J. iJ. /2J.i?'-1:, ~ the purport-ther.or A ~/XQ.~-~ place of abode, Executed _ _._.... ...- .................. ,........... tn>e COPY Of thl• ~ i) I I\ r }?J.,v>~ ~• . usual place Of -JM... II la '- ll).. ~JA,1.,,,+ J.o *Ina ~s::;Efhf?Jit ;;:,• a member o< purport there,' ,f ��COMMONWEALTH VS. ~ ~-<,e/LD .J,...Q~ DESCRIPTION OF PRISONER Last known add,e,,_________ ~+_U--~1----------------------------------------------------------- ~-~ Color_ ___ _g~ Height_ ______._,2~_=-:-7 Eyes___ #-== Hair_ __ Weight_/.:J-2~-- Marks __________________________________________________ ~_f _____________________________________________ ____ Age _____,.q ___________ Occupation ____..--C..::::::. _ ~ -----··----------------------------------- Date of Trial ___/~ 1--r Resuk ___ 1<1-/¥ Y- _________________________________________ _ _e,,t-..4£ ------------------------------------------------------------------ ��,4 If 38 Report of Witnesses for the Commonwealth Month ol~, Whose mileage and attendance 19/1! were not collected by t~l Jujice before thfJ!nd of said month. '-:/"~ -o R,'A_~ - ••a~ er,I -m', Fel. Pro. or Misd. WITNESSES ~ •,,&~~ (f~ ~ }._ J?-·.'!A ~ (f~ ~ ~ k_._ u ./1il:-~ -r {/' Days Attendance .._, ~•- a _/. ___ _j?LJ Miles , -:-_:al Justice. 'V- Mileage Total I Com. vs. •-Gf~ 2. 1,1= __ - I f Date I •S-o I ,..r1J . . I ,S-o /e, ,S-Q 3. t. I!) fJ / .r - - 4. 5. 6. . .. • Com. vs. 1. 2. 3. 4. 5. 6. All witnesses summoned for the Commonwealth shall be entitled to receive for each day's attendance fifty ~ents, all necessary ferriage and tolls, and five cents per mile over five miles going and returning to place of trial or before grand jury. (Sec. 3512) ��DEPARTMENT OF STATE POLICE A"4• i rr----~-:::::--~----:--~----------Date are hereby summonsed to appear before: _ /. M-----'-'-""=='-..,_!........>~---'~..:..._--"'-L..:...,--...,..,t:...;....'-'-.=..~----r-+---YOU Trial Justice ') / ,;; N<! 158148 /J 1.I. of If /?ISP/V -+,,-..<-L----'-..:....;.--(-P_la_c_e to answer for Violating the Motor Vehicle Laws of Virginia, to wit: Reckless Driving D Improper ~/J/!/S'LA !A ~r/,✓~~ /SNl~~ .,__o_f -T-'r-ia-1)_____ c,n/Jf4C,(Date? J//~l;t Exceeding Speed Limit D ~'cloc No Operator Chauffeur License '/ Defendant ________________ Address _,_·---------,,,_,_-=-------=--=---------------Oper. or Cllouf. t. J .It/ _ '::> / Lie. No. /re Vehicle License No-=-fO __ t,..__,v __ '""~~--•-- State Police~~~--""~-""'~"'-(,.::....._,_,,-"------,------Sec. 120 Chap. 342, Acts 1932. Failure to comply with this O/ ' summons constitutes a separate offense. Shield No ~ ff~ 3 /_/ (Address) } D □ �Leon Smith ____________ Clerk Trial Fine David A 1438 TJ �Wi.ui.es,,;Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You ar~ her by comman·ded, in the name of the Commonwealth to appear before the Trial Justfre Court of said County, sitting in said County, on 21st _ Harrisonburg, Virginia day of___ s ... e,.p .... t...,•----• 19--Aa, at the hour 0£.__....,3.,__,g&it4 .---------1111 of that day to give evidence in behalf v. at of Virginia to summo ..__________ m_•-i ... b._,'"""><..,.,,;='11'---~;~J=·~'-/~)..__ _________________ of.__Qo ___.. _ �Trial Ju~tice Cqqrt I 'Y ( ,:__ ...,/,.,, • • t 4 - Doc~el -KA.1438 Oom,'th V ( . . ~-Witness • Subpoena t David I ,eon Sm1tb .. �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in,~h~p~monwealth Norris Bradford, Jr.M-1'- llun,_=Hi=n=t---=oc.:n:i•---.:.V---=a::..:,,.:__ ____ ---.-,____ v· Panniqton, of Virginia to summo R-2 D117ton, Va. to appear before the Trial Justice Court of said County, sitting in said County, on &l•' day of SQ • ;i..o .~ at.___________________ , 19 68, at the hour o,£,_ ___ _ a_a ________ of that day to give evidence in behalf o,fL _---'-':;;,_;_-' .:.:c--'--"-'-➔•-'-'-''---"'-:t..,_/-'-!-____:, ________________ v. Dav1 d Leon Smi\b ,.__ _ _ �Trial Justice Court --~~Docket • ... No.'4 ( V. ( Witness Subpoena ( • 1431 �Witness Subpoena ,,.. Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hrreby COtlUJlan~d, in the name of the Commonwealth of Virginia to summo •.._________ _ ll:.Me,1nSt •. ~i, Ve.• ~ym.ond Webster Hbg, V.., Davfd (pBalSb,~ S\4U' Route Hinton, 1-e .... _,_/-....... /~,,....::~"-"'? ..... v=J--=-t'-=----------illiam Jose-ti R-2 Da ton Boy, Pov.tell• to appear before the Trial Justice Court of said County, sitting in said Cpunty, cm ~21E]t - day of se»t o at Harrisonburg, , 19--48.._,at the hour of DX of that day to give evidence in behalf 0£...._ _,Q..,o .. .m.~\__.t ... h..,,.._1 '=•..,"""'·.,____.1'--t-'/..;..! _______________ V. Virginia 3t 00 P e:Mo ~"-- �-~ ~ ~ ) , ';('rialJqs ~c • e Co . rt _ --- •Docket ..., .N °- -A,..1'J.3fs .~· Com'th~ - . -• ~ • ,· • V. (( Witness ( ~ Subpu.eJJ.a § vid Leon Sm:1 th_ Da 1948 To Sept, 21 ,,/at 38(. . E l ti) : Q., : E~-i ;:J ~ . • 0 ~ ~ :::J • i>< --'i • w �\Vitnegs Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: J You are hereby commanded, in the name of the CoJmonwealth of Virginia to summo _,,::z:;1:_-:_: • ~ f ~~~~~•. ~bg, • to appear before the Trial Justice Court of said County, sitting ai:__-J:!llr.Jf"i:&CmiblLS'lli-lrl~l!41le----- 19 of that day to give evidence in behalf of--.-.,-,:.1f--T:r.:-------------------------- in the pending v. case of ----=:--~----:--------------------------------- Coa tb Dav Given under my hand this,--1M_.11-- ___ day of_._---4..__,.....,.._4---+-+=--1+-- �, Trial Justjce Court ( V. ( Witness Subpoena ( �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greedng: You are hereby commanded to summon ................... .........................................:-............................................ . ••••••••••••••••••••••••••••• .................................... .. •••••••••&"'••••••••••/•••••f-r••••••••••••••f"•••••••l'••l••f•••••••••••~••••·••••••••••••••••••••••••••••I•••••••••••••••••••••••••• X ... M .................... ,,-...._~ .... . .............·············································••#.,.••· ........................................ ··················................................................. . to appear before the Judge of the Cii:cuit Co11,rtof Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on tbe.K.1:..Jlay of........... ~.............. ··•········""""'-·····19~... to testify and the truth to say in behalf of the Defendant in the prosecut!Ptfof the Comm011wealth egllim ....................................... . who stands charged with and indicted for a felony wsdemearo,., And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBf,RT SWITZER, Clerk of 011,rsaid Q:>urt,at the Court House, the ........~ .............\ day of .................................. 1~.~ ......, and in the/.., ..... year of the Commonwealth. Clerk �EXECUTED~E ROCKINGH BYD . GOPY F TO __ I I cm �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth • • • to appear before the Trial Justice Court of said County, sitting in said County, on aJil day of---,,----...------, at.___ v. case of -------------------------------------- ...ii~liiiitiiii•;-'fl[ja;li!il 1....._. , ua1a1a ___ _ 19___ , at the hour of-----.;;;:a-=--s:r:~-,-""!"".""---:-":'"'""---- of that day to give evidence in behalf of----,,.-=-=---.::-=--------------------------- in the pending of Virginia to summo.~---------- �( V. ( Witness Subpoena ( �Trial Justice Court Criminal Docket No.!l:; /if:JJ}- Com.'t.11 v. Leon Snita to ~:31--4:8 1tt__.2Biit_ David ~--TS --- ~- ~o -~ EEK~~ t I To- '1- ?--I· Held for action 'i~ -J: P, J'1 of the Grand Jury. ��Commonwealth of Virginia: To the Sheriff of Rockingham to nmmon ..................✓. You 11rehereby com7.eJ County, Greeting: ............................ 1./ ................................................. . ....E ......E •....K1.a.er.., ....Dr......F..•...L.~...:s,:e.r.s....and.Harp.e¥..Allen ...P.ennington ....... to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, a. m., on the ....llth at ~~9ock, ........jay of. .................. Oc.tober...................................... 194.8...., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ...................... ............. againa.t .....DAV.ID. ..IJ!:Oli...SMI.TH. ....................................................................................... . who stands charged with a felony 11liM#llt'IIFNt. And this you shall not omit under enalty of £100. And have then and there this Writ. Witness, G ~• day of..S.e.p.t.amb.er ........ 1948.., and in the ...17. THE S~RYJCE PREU, HARIUSONBUI.G, YA. ~~. at the Court House, the .....30.th ....... �COMMONWEALTH -i .. I v. .i DAVID LEON SMITH . To October 11, 1948 at 10:30 a.m. J - -~ .~...., Grand Jury witnesses ..._ ~ \ ~: E § ------- fl) -~ 5 l i :::s i-,J ! g,J ~ ! -E '§ Cl •. �Commonwealth of Virginia, Rockingham County, To,wit: ...................,19 ..~.- ' ............................... surety, who justified to his sufficie~am~re .............................. :............................. /.V.. me,................ .....................................~ ......... ........ ........................................................ , of the said county of Rockingham, (J. P. or Ball Commlssio r) and acknowledged themselves to be indebted to the Commonwealth of Virginia each in the sum of .......·-···· ~...........~ ..~..........~...:............................Dollars, ... ~..~, ($./.{.! ..Q.. to be levied of their respective goods and chattels, lands and tenements, for the use of the Commonwealth of . Virginia rendered, and they each severally waived their homestead exemption to their recognizance; yet upon this condition: ~ / , ,. ,, • That if the said................_ ...._ ......~.......................shall personally appear before the ~emt ·J C?u~r C • of Rockingham County, at the C~~~use T na 1 usttce s ourt ~FX.__ c9-{j' of th~.-.:-:.&.: of said County, on the .........~.- ~f .. .. ........day tr. ........... Term- tboHef, heing dre ........................day of .........................._ ..............- .., .. 19....., .., 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 the said charg_e, and then and thm answe, the Cnmmonwealth nf Vi.-ginia con~ .................................................................... whereof the j~ ~........... ~ stands "certain. ...... .. ............ ,- ..... charged, and be bound under sa~d recognizance until the charge is finally disposed of or until it is declared void by order of a competent court, then the above recognizance shall be null and void; (?therwise to remain in full force and effect. IN WITNESS WHEREOF, I /,k ......... _day hereunto affix my signature this_ ....... 0£............ - ................. . ···········~·········, 19..~ • ��1500 EAL/rJm Headquarters, Tenth Marines, Second Marine Division, Fleet Marine Force, Camp Lejeune, North Carolina. 16 November, 1948. J. Robert Switzer Clerk of Circuit Court Roekingham Co•1nty, Va. Dear Sir; Information is requested as to tne place of confinement of Private first Class David Leon SMITH, (5979?2), U. s. Marine Corps. This marine was recently convict~d of manslaughter by the Circuit Court of Rockingham County, Virginia and sentenced to two (2) years in the State Penitentiary. This office is in receipt of authority from Headquarters, Marine Corps, to issue this marine an Undesirable Discharge and the above information is needed to forward the Discharge certificate. t/r!- 0.1'Anr:>uM. f. ' HOOPta Major, USMC Comdg, Rear Echelon, Tenth Marines. -- ------- -- ---------- --- - ��PRE-SENTENCE INVESTIGATION Staunton, Virginia October 20, 1948 NAME ADDRESS Route AGE 4, Harrisonburg, Va. American MARITALSTATUS Single NO. OF DEPENDENTS None 22 OFFENSE Hit & Run and Manslaughter RACE White SEX CITIZENSHIP David Leon Smith Male OFFENSE On the night of August 16, 1948 between the hours of 12:00 A. M. and 1:00 A. M., David Leon Sm.ith was driving an improper lighted car on Route 33. He was in the process of ta.king Nancy Hoover to the Harrisonburg Hospital. Nancy was suffering with a sevem pain in her side and the defendant believed it to be an appendicitis attack. Beverley Smith and Jake Hoover were also present in the car driven by the defendant. The two girls were riding on the back seat of the car and Jake Hoover was in the front seat beside the defendant when a truck traveling west on highway 33 approached the car and a direct collision occurred. As a result of this accident, Beverley Jean Smith died and the other two occupants were knocked unconscious. David Leon Smith received a severe blow on the side of his head and as a result of this blow it is believed that he wondered some distance from the scene of the accident. PRIOR RECORD Only one charge was found in the court 1-19-48 Drunk and disorderly records in the Roclci.ngham County area. Fine $25 costs However, it is known that the subject lost his driver's a result of an accident with a Mason Dixon truck. FAMILYHISTORY $5.50 license in 1947 as David Leon Smith is the youngest child in a family of seven reared by Jacob and Annie Smith. Jacob Smith is a pastor in a Church of God in this vicinity. He also participates in some farming. The entire family has always resided on Route 4, Harrisonburg, Virginia. David Leon was born on February 26, 1929 in this vicinity. He lead a normal childhood life and at the age of six he entered the local rural school. However, he did not like school and gave it up at the 6th grade in order to help his crippled father on the farm. March 4, 1948, David joined the U. s. Marine Corps. He has maintained a good record while being a member of the Marines and is presently stationed at Camp LeJeune, North Carolina. At the time of the accident, David was on furlough and was stiying with his parents in their rural home. HOMEAND The home is a 6 room frame structure located in what is known as the Peak section NEIGHBORHOOD which is northwest of Hinton, Virginia. The house is in good condition and is very well kept. However, this neighborhood has a very undesirable reputation and is noted fur its' lawlessness. EDUCATION The subject states that he gave up his education after He left school in order to aid his crippled father. passing the 6th grade. ��David Leon Smith Page 2 RELIGION Although, this boy's religious intentions. was a young boy. INTERESTS & David claims that he enjoys such sports rather read than do anything else. ACTIVITIES father is a pastor in the Church of God, he has no In fact, David has not attended church since be as hunting and fishing but he would EMPL01MENT The defendant has 110rked for the various farmers in his community for the better pa.rt of his life. However, in 1946 he was employed by the Daley Brothers Shoe Company at a wage of $22 per week. This job lasted only sil: months. In 1947 he worked for the Harrisonburg Quarry at a rate of $.55 per hour for a period of six months. The boy is now a member of the 10th Marines and has a rating of Pfc. HEALTH The defendant has no serious heal th problems other than those that occurred as a result of the accident. His family is in extremely good health with the exception of the father who has lost one a.rm. SUMMARY David Leon 5mi th comes from one of the best families of a very disreputable neighborhood. He has lived with his parents the larger part of his life and al though they do not enjoy many luxurious items, they have lived comfortably and have been well provided for. This boy gave up his education after attaining the 6th grade with no difficulties. He is a member of the Church of God but does not attend. At the present ti.me, he is in good physical shape; however, be did suffer a seve:m blow on his head in his recent automobile accident. PLAN This young boy, who is in serious difficulties for the first time in his life, has presented a very difficult prob1eni. He has a very cocky and nonchalant attitude and seems to be very indifferent toward the offenses for which he is now charged. When questioned by the probation officer, the subject did not devu.lge the entire truth, in fact, all he did state about the entire affair was that he did not remember what had happened before or after the accident. He persisted in lying about the fact that he had been drinking be£-ore the accident occurred. Dr. J. S. Huffman of' Dayton, Virginia, who treated the subject for the cut which he received on his bead, states that this boy admitted drinking prior to the accident. However, Dr. Huffman further stated that it is certain that the lick that he received was the cause of the subject's wondering away from the scene of the accident. Since Smith is now in the Marine Corps, it would be a very difficult problem to give him any supervision as a probationer and I sincerely doubt that if he is dealt with leniently, that he will strive to correct his indifferent attimde. Respectfully yours, ~~~ MOC/rhb Sources: Mil ton O. Culpepper Probation and Parole Officer Court Records Dr. J. S. Huf.fllla.n Police Officers Parties involved in the accident Defendant Defendant's family Various Rockingham County citizens �'~ ' ~ V) .~ ~ .... ~ ~ v JJ ~ ~ ~ > ~ ~ ~- ~ ~ LD ~ ~ ~ • ~ rt ~ ~ t ' 1 . f'V... . . . �STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand for Court oaths of said feloniously the peace did kill and dignity This E. E. Kiser, witnesses County,, do present 16th day of August, give of the State of Virginia, the body of the County of Rockingham Circuit their jurors that 1948, OAug~~ term, the 1948, upon in said County, unlawfully one Beverly Jean Smith, Allen is found upon the Pennington and sent against testimony of and Dr. F. L. Byers, before the grand the and of the Commonwealth. sworn in Court evidence. and now attending DAVID LEON SMITH, on or about and slay indictment Harper at its in and jury to �) JI/;).· Foreman· ~~ ; INDICTMENT COMMONWEALTH V. DAVIDLEON SMITH~.B E. Kiser A~len Pennington 0<"'Jtug1urt te·rm 1948 Felony Atrueb~ E. 7tnesses: //. {0· Dr. F. L. Byers Vl• Harper George D. Conrad Commonwealth's Attorney 1 � 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/. Title A name given to the resource Commonwealth v David Leon Smith Subject The topic of the resource Felony Manslaughter Description An account of the resource Defendant charged with felony manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1948 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_015_005 Smith https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_014_commonwealth-v-david-thomas.pdf 7a57839bd7c493365da4ebffadcbba4b PDF Text Text COUNTY COURT Criminal NC?48561 Docket Commonwealth V. Appearance Date ?- ;2 0 - 0 ~JS Trial Date 9'- / '/ - f:, Y Y A ��-- .- W e. ,=-,,._, -P C0-J--l-,~1 ANi:> The 2 --- ---- - - ... .:Z:N d1G y E Jt'.lK 6 [) AV , O (_ ,Lo,., ihh1/d1:V1 {e ynp~ 1~ ,q,S +-h (]. • l~ t2Dy ,::-,eye_ r-\ •VD Pe ,v , ;- , + y, eJV 0 i,- 14-.S (!,),;4~'(00 J-lI cS .J-,14-1'1 pu1i14£m 1 + ,- -+ e~ w~~. ~~ ·1- cieEIVlfr>J + 0 N L ti w !="llt.. lvJ �I I l I r �I - - -----...::-- - - -- Davj.d_ Thomas ��COMMONWEALTH VS. A(~ (!) nJ t~, DESCRIPTION OF PRISONER Last known address Color~~~~ Date of Trial __ _¾~0...c.__,_7_ Height S- ~~L..=:>,£d~~"""-"~---b'"P=~__L_M_:..s~~~~~~~,~¾'.:.......:'.~~, 1 2 ¼,_ Eyes~. Ha1r.v--(...,C...L.~/--- 22.---=----=~""-"""--.....__,/"---"tJ<=----r,-+-/-49'-'&..,.__~-F----------------7 7- Res u 1t --------------------------------- _ We1ght.~,A-~:.,L--"-'v'---- ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded ---------------------------------------------------------- County, Greeting: to .summon ----------------------------------------------------------------------------------------------------------------------- Roy----------Fry_e - Route 2 Elkton -------------------------------1--------------------~------------ Virginia --------------------------------------- --------------------- __-------------------------------------------------0 ff ice r __H_.___ B_.___ Myers ___________ .------------------------------------------------------------------------ to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the 19-:t;:_b __day of __ Q~_~_QQ_~_r ______________ , 19_9_4__, to testify and the truth to say in behalf of the Commonwealth before the Grand Jury, against--------------------------------------------------------------------------------------------------------------- ---------------------------------------------------David __Thomas _____________________________________________________________ _ who stands charged with ~libftelt:XHJKa felony misdelUeXDIK'. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ___ _8_t.b__ of ___________ Qc_to_b_e.r_____________________ , 196.4. __, and in the 18_9_th_ year of the Commonwealth. ~~~~.=-. Commonwealth's. ~~~Attorney --·-------------------·--·- �1:~i:C TED ,/.t1:-:/!.t(':/1N THf COUNTY rn= K j(t<\NGHM\ BY DELI ERi G A TR\J • . . . S. R. C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon &7 U.... ~l'.l.C?................... ..:S.~.rl:J~.ITlil.1 ..!3. 13c.lc3.(_Ft_~#.?-.~ . .:E.~~~·()·Il' ...Y.~.• .. St.anl.e:y ..Thama.s ....(.46.7...Ke.lle.y ...St .•.•...Har.r.i.s.onbur.g., ....V.a.•..)..; .................................................................... . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the l.0.t.l;kiay of .............. N9Y~.J:l'.l.P.~.:r., ...... the Defendant in the prosecution of the Commonwealth David County, at the Court House thereof, , 19.64, against to testify and the tmth at 9 :30 to say in behalf of ........................................................................................ . Thomas who stands charged with and indicted for a felony ~ In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., at the Court House thereof, this, the ..?l:lq ..day of .......N9.Y~~P.~.r., ..................., 19 ..9.4,and in the ..J.8-9:t~ ...year of the Commonwealth. �EXESUTED,,1:'-:P.F.'-'.'/.. . IN THE COG •• I R Ki GHM\ ~y DELl~E~ NG A T IJE COPY OF tHE ,/ C TO....O.◄•• .. I, ~ERS . ~ ...... ITHl;~ef~ ,,# ft../.-: • • ?~ ••••• A. T, WDEF:\1A.-.J ••••••. . . . . . . . . . . . . . . By ./. ~ ...././4 .J-H.: d ....... . •• •••••••• J S. R. C - .. ·-.·.•.• .• ~- S. r. c. Not f;nd;ng ....... ~- ~- place of abode, Execute ./ .. //-:- .. . . ................. jffe:-:o~pcL .••.. ot h;s usual ,?.--:. ~- ·u:c:uol r'-~'.:e of o'ood~ -~ .... , b!:'ing o m-2i,, ~r of his for ily above the cge Gf i 5 ye,:.r:;, c::.d 0 xplaini~g th:: pu:-:~or~ '.°.:::reof to her. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ....................................................... ~obert ...Blakey······• ................................................................................................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the .J.9J.b day of ......NQY.~.Q:}Q~.~·······• 199.4... , to testify and the truth to say in behalf of the Commonwealth ~m».k~xk:mm.:itmy, against .............................................................................................................. . ...................................................... David ..Thomas ............................................................................................................... . who stands charged with and indicted for a felony qi;_iltwmt<»-'Ut' And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ..~~~ .. of ........~.?.:'..~~~.~.t ..................... , 19..§~., and in the of the Commonwealth. J.?.~~.b year ��I In the Name of the Commonwealth of Virginia: I To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ..................................................... Roy ...Frye ...- ...c_/o ...B.~akey .. Farm, ...near ..McGaheY.~Y.~~J~.,...Y.~.~ ........... ..·········4~ .................... ~.~E~.~.~ ...~.?~E.~ ...~ ...?-~~....~.?.... ~.~½:~.?~.J ....~E...'?:l.C?. ...~~·~·;·~···g!:1.~E~.Y .............. . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the ~Q~.b .. day County, at the Court House thereof, at 9:30 of .~~.~.~!'!l.~.~t........... , 19.§.4.., to testify and the truth to say in behalf of the Commonwealth ~~&KatidXJUtY, David against .............................................................................................................. . Thomas who stands charged with and indicted for a felony l».4.maneutoc. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ...JI~L of .....Nml.e.mb.e.r ........................ , 19..6.4.,and in the ..189.tb year of the Commonwealth. �EXECUTE!#' -.f-✓.f .. IN THE'COUNTY OF ROCKINGHNA BY DELIVE ING A TRUil COPY OF THE WITHIN. .'?L{lrz.:~ .. &i--il~.., ...., ....,.. TO IN f> A. {l' (/ . . . . . -~-... !~~~9~.~-~~ ... $. R.C. By .er...:du-n--1/.v.,.. . .·R~ rv:_. EXECUTED~ .•f.""¥,f:IN THE COUNTY Of! ROCKINGHNA BY DELIVERING A TRUE COPY OF THE WITHIN -~Kk-7 TO /.J~---t... ·IN !"~ON. • • • • • • By ..... ~~- • •• • 'JTRAWDE~ M/lr ... 7' • •••••••••••••••••• '?.',:.7✓.f~:z:<.:. 1~. ........ . S. R. C. D.S. R. C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Officer H.B. Myers - --- --- --- - - -- --- - -- - --- -- ----- - --- - --- --- -- - --- -- -- . -- - --- - - . - ---- ---- - -- -- -- -- ---- -- ----- - --- . - .. - -- -- . - - -- . - - - - . - -- -- -- - - - - . - - - - - --- . --- - -- - . -- . Elon Rhodes - 366................ Effin°er St. 0 ................. ······•·······················••································································· to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth .~9.;~.day - - --- -- -- . -. --- --- - . -- --- - - -- ---- - •---- --- -- -- Harrisonbur , ...............................••. Va. , ..•••••••••••••••••••••••• County, at the Court House thereof, at H:30 of ..~~.Y~.~.~~E........... , 19..§.~.,to testify and the truth to say in behalf of the nomc:the:xfmmibdm~ against .............................................................................................................. . ..................................................... David ..Thomas.......................................................................................................... . who stands charged with and indicted for a felony ~ox. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the}~9 .... of .........~.Y.~~.~.~:'; ....................... , 19.~~..., and in the of the Commonwealth. t~9.f.~. year �'lN,HE ~C;q.1:JNTY OF S. R. C. C, ••.... R. D.S. R. C. T s. D. S. R. C. ..... ~~- BY DELIVERll:>lG 'A TRUE £XECUT~-:-~-?y .. • ROCKINGi-➔AM l"O 'I t)(~CUT c:~r / ~-~ 7 IN r ••-.. -k'j~!G AM RV /"rice, I I r-.\__, ·.._' " TO~~ WDEK -~';;P P.?_,,_... ~. • • • • • • • • • L./ B~ �In the Name of the Commonwealth of Virginia: Page To the Sheriff of ~~lf~-K County, Greeting: You are hereby commanded to summon ---------------------···---------·----··········----··--------------------------·-----·-·-----··----·--··----·---·-·----··• ·--·-·----·------------··-·--··------·----------····-~~-~-~9_~ ___ ~_~~~-~Y.----:-._-~ll!~Y-~.--Y.~.~g~_~_t~--------------------------·:----·-·------ to appear before the Judge of the Circuit Court of Rockingham --------------------· County, at the Court House thereof, at 9:30 o'clock, a. m., on the ___ !.2.~-~day of ··---~-~~~-~!?-~E ________ , 19..~-~-, to testify and the truth to say in behalf of the Commonwealth :la.fi11mcthex6mmm~ against ---------------------------------------·-··--------------------------------··-------------------------··--- David Thomas who stands charged with and indicted for a felony misdJmixOOX!Jt. And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the)_~g ____ of ····---··N".QY:~!}}9_~-~--------------·-----, 19_6A___ , and in the of the Commonwealth. ··-··-----~---~k_ ____...--- 1-89._tb._ year ______________________________ _ Commonwealth's. Attorney �F PAGE, VA. lk'~~l99)t'.JT_'i SHE.Rlf.13 �.0 0 T ,166 .96 .llO 6 5 7 7 .12 .0 0 .5 2 .5 2 6 26 6 .68 5 .5 6 5 .98 7 .5 2 6 .2 6 5 .0 0 7 .5 2 7 .5 2 6 .5 4 6 5 l+ 7 52 5 .7 O 6 .8 2 5 .0 0 5 .0 0 lLtO.SL~T ��Comp. Form 18-150M-2-l-63 I STATE OF VIRGINIA H~·-·risonburg City TO ANY SHERIFF OR POLICE OFFICER: J--r es 'It. Sipe Whereas, ~ OF No. _____ To-Wit: John G. leeke has this day made complaint and information on oath before me, -------------------City Justice of rhe Feace of the said ~. that _______________ _ (Name) _ (Title) David Thoras _______________________________________ did on the_4~t_h___ end :r.aliciously with the the corrit ;n+ent, peace day of____ an ess~ult him the and dignity J_ul~y'----------, 19~: upon Roy Frye, sEdd Roy Frye, of the in the said to r.·airre, Corrronwe~lth Unlawfully __ City ~ e_n_d_f_e_l_o_n_i_o_u_s~ly~ ci..tting hi..."11 with a knife, dis"'b- e, ~·1sfirure or kill, pgainst to-wit: b· of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham County Court of ~ County, the body (IJo:dicI) of the above accused, to answer the said complaint and to be further dealt with accordifig to law. And you are also directed to summon: color ____ Address color ____ Address color Address _________ color Address color Address ---------------- □ --□ _ ----□ --□ as witnesses. Given under my hand and seal, this __ 4'-t_h __ .day of___ ~~---,-r+-ul--"-y------=---, ~j_~ t~ Issuing Officer) JUSTICE OF TP"E -E CE (Seal) �,.., .,_. V V r., STATE OF VIRGINIA-CCTU.N'DY I. ____________________ , • - Qf , ·• r• ( , .l=-."\ r• __________________ : .e a _ to-wit: Jiiage::Of ::me'Couvty ·O:>Urr in and for the S::£~"!r(aforesaid, Justice of the Peace • - State of Virginia, do certify that Pi,~nces ·011-- and __________ , •-----~•-------------, to the Commonwealth as his suret-~'•---, of Virginia in the sum of .J have this day each acknowledged .JD-- --- -- ------ • ), to be made and levied of their respective goods and chattels, land5, and tenements be rendered, yet upon this condition: That the said __ D~--'--~r~•~---"~"'~--------, of ____ ,_~_c_:_-_i_'_"_'_·_,__;_, ______________ County, on the ____ - --- _.;:._-Dollars to the use of the Commonwealth shall appear before the ,,_0_t_•_-, ___ themselves indebted day of ____ :::ti~~pit County -"~--~--------, to Court 19 ,,-~~, at 2 ...., M., at r', , r ' 'r• ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain _in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that r. the said -,---------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. ,days ..;_,, Given under my hand, this _______ _ m X () "Ij ~ n, o II) s· n, (") s. n, en o (1) 'D c+ c.. I--'· < (l) (1) ~ (1) ~ g.~ t-i p.. (1) I-' t-i '-0 ~~ •[ p.. c+ ... ::i- n, • ~ I--'· (/) I-' g:~ p.. ~ 0 H;, (") ::r- .., p, oq ·"' .... ::t> ::, c.. .,0.. 8 '< 0 'O n, .,::, ~ O"" n, - §"' n, 0 S- n, ~ n, g: g Q 0. "' .., Sl ~ 5· g. (IQ r �Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the ,Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth of Virginia to summon ________ Roy Frye EL-~toJv R.ourE _ {t;.).., to appear before The County Court of said County, sitting at Harrisonburg, Virginia, m said County, on 1 4th day of September 1~..!±__, at the hour of 2: P • M. f that day to give evidence in behalf of_ __,C....,.,..__w.... ____________________________ m the pending case of ___ v. __,C="-'--.,._._ _____________________________ David Thomas Given under my hand this,__ 2_2_n_d ____ d~y C:~---.....,..~------ _ _c,_ �The County Court LL UJ 0:) 0 ~~ C'. C'. <./) l/) z<( :) Docket No. Com1 th ci ol'J 48561 Uz UJ- Io::~: IUJ ~g ~ ~ I , •·fu t:~ ·~ ' ~<( OI UJl,9 t-z :)- u~ WU 0 WU::: t~ :• > r . p ( V. ( Witness Subpoena ( • : w'h· ... I I- LL 0 >Cl.. u 0 David Thomas :z. ~ To: ·UJ 2: Po Mo ·GL. Oz I-_ 9-Jl--64 >, a.) �Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth Williams - Greenwood - Elkton, Va • Harrisonburg,. Va.. Rossie Burge,ss of Virginia to summon ___ Elon Rbqdes - Sterlin~ __ _....1~4=th....__day of September to give evidence in behalf of_____ - 366 Effinger Street to appear before The County Court of said County, sitting at Harrisonburg, T~o-m-m.......,y,.,__ __ _ Street - Harrisonburg, Virginia, Va. m said County, on , 19_6_4_, at the hour of__ ~2..... •..... D~D.,___.P_, ...,M...._, _____ ,of that day D_a_v_1_· d_T_h_o_m__;a_s"------------------------- m the pending case of -------------------------------------- 1 Commonwealth V. David Thomas Given under my hand this 2,0:..Z Clerk Asst. Clerk �I . 0 z ..... ~0 S. R. (t .:: ro <I) p.. 0 .c, ::l U) (fJ (fJ .:: <I) .-:: '-''-''-' :s > .M:,~ Ul 0 ctl :> •r-i ~ 'O ..c 0 s ctl not found ~~ D.S. R. ~) ..... fX!:CUTfr:)~;:---!f.-F f1N .THECOUNTY 0 BY DELIVE~NG A TRUE ..... ~I " <I) u ..!.: 0 ~ I. ..c +'. cd (l) ~ ......... "0CKINCH.A.M TO IN f')ERS0N. 'in my bailiwick ~ ....... ~ ..... ... ::l 0 u >-. ..... .:: ::l . 0 u - <I) ..c: f-; s s 0 u h _ ... S. R. C'.· Deputy Sheri ff S. R. C. ........... EXECUTED'.7-/CJ-• ....... I . . IN THE COUNTY OF ROCK1NGHAM BY DELIVERJNG A TRUE COPY OF THE WIT w~ .... . . . . . . D. S. R. C. �COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The Circuit Court of Rockingham County, The Grand Jurors October of the Commonwealth of Virginia, and for the body of the County of Rockingham, Circuit Court of the said County, David Thomas, on or about of Harrisonburg, Virginia, weapon or instrument, did then and there him, the said Roy Frye, against with a knife evidence. oaths present that 1964, in the City or similar and feloniously ·the dangerous and maliciously and wound one Roy Frye with the intent then and there the peace and dignity Upon the evidence witnesses upon their in now attending the 4th day of July, unlawfully cut, Term, 1964 sworn in open court to maim, disfigure or kill, of the Commonwealth of Virginia. of Roy Frye and Officer and sent H.B. Myers, to the Grand Jury to give �¥ ,o f.a. INDICTMENT Attorney COMMONWEALTH V. DAVIDTHOMAS James R. Sipe Commonwealth's �COMMONWEALTH V. THOMAS INSTRUCTION The Court in this the case, four injury; if warranted following (2) battery; instructs (4) is committed iously and maliciously causes thereby Unlawful bodily maliciously, or kill under by the evidence, to-wit: the indictment you may find (1) Malicious wounding or injury; further injury other. that (3) one of wounding or Assault and 1ot guilty. You are intending the jury verdicts; Unlawful I instructed when one person bodily to maim, disfigure, wounding is committed injury to another intending thereby done to another malicious unlawfully, wounds or causes either such other. that Assault in an angry, wilfully, injury disable or kill and wilfully, to maim, disfigure, and battezyis rude or insolent any physical manner. felon- to another, when one person unlawfully either wounding or such wounds or but not disable injury ��COMMONWEALTH V. THOMAS INSTRUCTION---The Court or "malicious", instructs as used in the crime used in a technical includes sense not only anger, and unjustifiable with an evil as carry social wrongful It is not confined It from any wicked bent length at the time of the wounding The Court another with a deadly to the contrary, weapon, tells to ill the malicious It to to denote done such circumstances regardless Malice just of means a cause have existed come into or excuse. for any existence or at any time previous. the jury the law, is unlawful will motive, of a heart may first or injury, further imputes with on harm. should of time and it but every is intended without malice cutting, or implied. and corrupt attended done intentionally, that but indication and deliberately is not necessary particular persons, in them the plain act of malicious and revenge, mind and purpose, duty the word "malice" hatred motive. flowing that and may be expressed any one or more particular an action the jury that where one wounds in the absence intent. of evidence ��COMMONWEALTH v. DA VI D THOMAS INSTRUCTION The Court from the evidence with a dangerous evidence being the accused, mere the jury that although in this case and deadly and struck that the accused weapon, that he, the accused, assaulted actuated instructs acted by Frye and that the accused, by antecedent malice, NO. cut the victim yet if you also believe from sudden and others in wounding then you cannot fact alone that the wounding you may believe passion without Frye from brought the about by fault on the part the said Frye presume was done with a deadly of was not malice weapon. from the ��COMMONWEALTH v. DAVID THOMAS INSTRUCTION The Court instructs in this case that the accused, assaulted by Roy Frye reasonably persons appear life or do him some and impending, to stand injuries. manifestly bodily then the accused his ground, or adversaries David Thomas, and other great repel --- the jury that if you believe to the accused in the crowd NO. force persons without with such violence harm, and were as to make it or any other endeavoring and that the danger was not bound to retreat, with fo•rce the evidence fault on his part was at the time that Roy Frye intended from to take his was imminent but had the right and if need he kill his adversary to save his own life or prevent his receiving great bodily �' ' .L �COMMONWEALTH v. THOMAS INSTRUCTION The Court proved of self-defense, upon the prisoner; the right reasonable but only reasonable exercise the burden of self-defense doubt, doubt as to whether as that can rely purpose weight the jury a or not such all of the consider for the Commonwealth further tells there in the attending the jury that or the circumstances circumstances as to afford for believing indicative existing, the defendant, there to do him some serious of carrying thus such design the prisoner attack. or of a present The act so must have been of such a on the part harm, and that into peril David Thomas, reasonable was a design bodily before must be some present by Roy Frye to make the apprehended character not beyond of the evidence, whether that upon in the lawful should in the case, rests relying in the minds of the jury And, in determining upon self-defense something such defense such defense, or not he acted upon for the accused. The Court danger of raising is relies upon an accused nor even by the greater and circumstances as well of proving is to establish to the extent where an assault and the prisoner resting has been established, evidence that weapon, the burden of such right. defense grounds the jury by the use of a deadly the plea done, instructs immediate there of Roy Frye existed:imminent execution. ��COMMONWEALTH v. DAVID THOMAS INSTRUCTION The Court cases, instructs the accused's in his favor beyond a reasonable If, therefore, witnesses on the prosecution doubt, --- the jury that in this case, plea of not guilty and places NO. raises a presumption the burden and not on the accused upon a consideration and the circumstances minds of the jury a reasonable should find him not guilty. as in all criminal shown in evidence, of proving to prove of the whole case, of innocence his guilt himself the testimony there exists doubt as to the guilt of the accused, innocent. of the in the they �L. j_ �COMMONWEALTH V. L THOMAS INSTRUCTION In considering its burden doubt, of proving the Court which is imaginable instructs sible doubt, guilty beyond reasonable you should not overlook doubt is a and is not to be confused with A reasonable for the law does not beyond every imaginable, say that a man conceivable or pos- doubt. In passing charge, sented able that meaning. on reason, or possible the Commonwealth has met of the accused the jury nor its founded must be proved or not the guilt the work "reasonable" doubt whether the jury upon the must limit at the trial inferences of this to create inferences from lack questionable material consideration case, of the to the evidence including the natural The jury pre- and reason- cannot nor can you go beyond the jury of evidence, proof fact doubt, of the proof go beyond such evidence of guilt. Furthermore, arising its to be drawn therefrom. such evidence to find sufficiency should and not a mere doubt in mind that any doubt testimony or from from conflicting of any particular essential bear fact, to the proof concerning should be a doubt of the guilt immaterial of a of the accused and nonessential cir- cumstances. If, after ot the evidence, to prevent then If, conviction your minds are you trom reaching the accused, consideration a reasonable and honest left consideration in such a state a convinced belief the Commonwealth has railed on the other or all tne evidence or the truth beyond a11 reasonable hand, after ot tne cnarge, doubt. you are ot doubt of the guilt to meet its an impartial in tne case, of all as or burden. and reasonable you have an abiding tnen satistied ��COMMONWEALTH v. THOMAS INSTRUCTION The Court witnesses instructs is a question appearance exclusively of the witnesses on the testifying, the reasonableness mony, their apparent ligence or lack the jury candor speak, the parties, any, the interest circumstances appearing determine the relative accordingly. appear, which witnesses weight the jury; stand, their manner of of their their the relationship on the trial, intel- of the witnesses of the witnesses other the jury are more worthyof of any such testimony testi- apparent of the witness and from all of and from the the opportunity they ifaiy for and fairness, to know whereof of the trial, the credibility and consistency of intelligence, if that to in the result surrounding has the right credit to and what is and to give credit ��COMMONWEALTH: v. DAVID THOMAS INSTRUCTION The Court accused to be innocent indictment doubt, until he is proven and to the exclusion throughout having heard of every case, all of the evidence essential their to prove duty to give the accused guilty. Mere however greater suspicion strong, wright indictment, doubt. the charge of innocence at every in the case, made against the benefit such evidence consistant goes with the accused stage thereof, and if, the jury have a reasonable or as to any fact it is of the doubt and find him not to convict, of the guilt of the accused, nor is it sufficient of the evidence amounts in the him in the indictment, or the probability or preponderance the all reasonable hypothesis upon the whole case, is not sufficient unless as charged beyond reasonable and applies doubt of the guilt of the accused guilty by evidence This presumption the entire 9 the jury tm t the law presumes by the Commonwealth, with his innocence. after instructs NO. supports to proof beyond if the the charge every in the reasonable �' l i .1. .I, �COMMONWEALTH v. DAVID THOMAS INSTRUCTION The Court case is a mere of itself, himself instructs accusation any evidence to be influenced of the indictment against of the defendant's in this case. / U the jury that the indictment or charge against NO. the defendant, guilt; the defendant, in this and no juror because and is not should permit or on account �L �COMMONWEALTH v. DAVID THOMAS INSTRUCTION The Court David Thomas, of malicious in the indictment, a reasonable kill Roy Frye. instructs the burden f NO. the jury that in order stabbing or unlawful to convict stabbing, is upon the Commonwealth doubt that the accused intended I to maim, the accused, as set forth to prove disfigure, beyond disable or ��COMMONWEALTH v. DAVID THOMAS INSTRUCTION The jury is further doubt as to the grade of the offense it is your duty to resolve lesser offense. guilty of malicious As an example, wounding wounding. guilty of unlawful wounding of assault of assault and battery. and battery, ~ that if you have a reasonable of which the accused the doubt to his benefit guilty of unlawful guilty instructed NO. / may be guilty, and find him guilty of the if you have a doubt as to whether or unlawful wounding, you should find him If you have a doubt as to whether or assault and battery, you should If you have a doubt as to whether you should he is find him not guilty. he is find him he is guilty ��COMMONWEALTH v. DAVID THOMAS INSTRUCTION The Court case by a jury, the conclusion true after of guilt before after a conviction of the crime. having consultation with his fellow it is his duty not to surrender or as to the degree the jury entertain as to the degree. no place for pride differen other, and with open minds convictions, and, agree :i; convictions of- opinion to discuss fellows, of guilt, The jury are further jurors their or as to the degree simply because the rest of or that the jury room is but that it is the duty of the of fairness to give careful if it can be done without upon a verdict. of the guilt of the accused, as to the guilt or innocence instructed in a spirit and a reasonable as to the guilt or innocence or obstinacy, the evidence member in this case, entertain his own convictions in true with if any individual all the evidence should minds Not only is this but is likewise Therefore, jurors, of a criminal of twelve can be had. duly considered doubt as to the guilt of the accused, of the accused, a concurrence to the guilt of the accused, to the degree of the jury, the jury that upon the trial the law contemplates with respect respect instructs No./) and candor consideration sacrifice with each to the views of conscientious of �'I (, '1 I 'I ... I J. .i: I ) J 1 C t ' ,. r ' l l �COMMONWEALTH V. THOMAS CHARGETO JURY If you find maliciously intent cutting the accused, and wounding Roy Frye, to maim, disfigure, indictment, you will twenty disable for a period guilty a knife, of unlawful charged, find or, charged twelve both three years nor cutting or of not less but a knife, punishment than find him as therein by confinement in one year nor more by confinement months and by a fine not exceeding in jail five dollars. but find find in the indictment, or by a fine such fine him guilty him guilty ment by confinement months, his in your discretion, If you do not aforesaid, by confinement in the indictment, say so and fix than hundred than with in the of maliciously and wounding with for a period not exceeding as charged of not less as charged cutting you will years, a knife, punishment him guilty the penitentiary five of years. If you do not wounding with with or kill, say so and fix his in the penitentiary more than David Thomas, guilty in jail then of either of assault you will for a period not exceeding five of the felonies and battery, say so and fix not exceeding hundred dollars, as further his punish- twelve or by and imprisonment. If you find him not guilty, you will say so and no more. ��Docket No ,/./'),,-:J / COMMONWEALTH of VIRGINIA /. vs. Indictment J Felony (fel.assault) ) DAVID THO:Vi.AS William A. Julias d. ~=~~~=~------~P· Own (x ) Appointed 1964 Oct. 19. Return ( ~"~')'---a{~. ~u ~ 11/197 of Grand Jury. Oct. 19. Accused arraigned not guilty entered; . lhu,10.~-&t~ ) and plea of set for Nov.lo. ll/;Cftf 'JC-- //---- .----o<0 g CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �""'-<.. .... .. 0 z z0 "' z< . • .. :t • n .. 0 : .... u ,, I 2.oo ff tJ 1,,-// "'Y;C, 0 ;JjtJd / 00 ,yotJ ;Jo _fLj ~e'o � 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/. Title A name given to the resource Commonwealth v David Thomas Subject The topic of the resource Felony Assault Description An account of the resource Defendant charged with felonious assault Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1964 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_021_014 Thomas https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_007_commonwealth-v-delaney-allen-black.pdf 497c0645456efcdd165c43b274a6e259 PDF Text Text ............... ..-..., 7:7L 4 ~ I(. 2- ,2/-/;,3 STATE OF VIRGINIA, t COUNTYOF ROCKINGHAM,To-wit: I, George W. Kemper: Rockingham County, hereto copies are t Virginia, of the Clerk of the do hereby following Circuit certify papers Court that in the of attached case of COMM0~1WEALTH OF VIRGINIA VS. DELANEYALLEN BLACK, namely: of Arrest 1. Warrant 2. as the Clerk (2 pages) (2 pages) Indictment 1962 3. Order of December 21, 4. Order of December 27, 1962. 5. Order of February· 20, 1963 6. Order of February 21, 1963, same appe.......,arof record and on file in my office as aforesaid. Given under my hand and the at Harrisonburg, this 12th Rockingham day of January, seal County, • Court, Virginia, 1967. ---------------- I of said , Clerk. ��OF"F"ICE Of" THE ATTORNEY GENERAL RICHMONO January 11, 1967 Honorable George W. Kemper, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Re: Delaney Allen Black v. C. C. Peyton Pending in: Circuit Court of Rockingham County Dear Mr. Kemper: The captioned matter is now pending as shown above, and I anticipate that a writ of habeas corpus will be issued returnable to your Court within the near future. Name: Delaney Allen Black Date: February 21 1963 Offense: Murder {1st degree) Sentence: 30 years I would be grateful if you would forward to me two certified copies of the warrant, indictment, and all court orders pertaining to his conviction. If a presentence report was filed, I would like two certified copies of that also. Please return the enclosed copy of this letter along with the documents. Your co-operation in this matter is appreciated. �' I �UNCENSORED MAILEDTHIS DATE Circuit t;ol.l±t of }toci:i.nghc_7 vounty 1966 ~ OCT Harrison bu.re, v irr-ini,c1. 22gor 3. 1966 8ctober YA.STAT£ PENITENTIARY Dear Lr. Kenner· l mi in possosion ---------=o_,,,f~LJ=elaney of true C QU!.: O'l"der of court of Order of court U.QQQJ1ber a copy of the nreli..1enary 20 I0 6 of l<'ebruar, 2i .L I 0 • on the ]Xl.rt of your office nro- sentence hearing., and l t :um1Jd be great] y ap,).,,.eciatcd - -- of rcbrmry The'l"e may have been an over-sicbt ther for felony; t, of December ;~I, I96:2. l4) Copy o= order of court o~' 6 Co on an indictnent in the case 2 Par•es J Co_pyo..r order of o".' of the foll01·r.i.~ l '.~ nc.~es ) 0~ J.'Y'.'CSt (2) Indictment Co:riy . D copies Bln.ck vL.Yo,~ omrec.th of Virrrinia lI) darrs'.'.nt {5) and correct if and all orders could fonrard them reoort your office in not send.in~ ui thout fur- dcl2y. 'l'hanl;:ing :-au ; n advilnce for -,·our ldnd consiuerat.io11 and coo 2e ~ati on • remai .L Delaney Allen Black .. 8284I ~ Dear of the court .H.ichmond Virginia Sir: We have sent ~+ you all of the court . 23.2.L9 • orders. I\ There was no transcript of the result of this hearing was included in the cooies ______ T_h_e_r_e_w_a_s no pre-sentence request ~or one either There Court We 1 ') was and the incidents of the is shown on the copy sent you. report by your for your triaJ, attorney no transcript of the incidents therefore such is oat availabl@. or by the of the preJiminary bearing; of the warrant which and □ o record court. trial in Circuit I of a ., �\! �elaney • . .81.acK AFTERS 500 RICHMO DAYS RETURN SPRING ,D. TO STREET VIRGINIA 23219 �D. A. Black,8284.L I30 B �VIRGINIA: IN THE CIRCUIT COURI'OF ROCKINGHAM COUNTY. COMMONWEALTH OF VIRGINIA v. DELANEYBLACK COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM, To-wit: I, George W. Kemper, Clerk of the Circuit of Rockingham County, the copies attached the following Virginia, hereto are true certify and correct that copies in the case of Commonwealth of Virginia Delaney Black on an indictment 1. Warrant do hereby Court of arrest 2. Indictment (2 the of vs. for felony: (2 pages) pages 3. Copy of order of Court of December 21, 1962 4. Copy of order of Court of December 27, 1962 5. Copy of order of Court of February 20, 1963 6. Copy of order of Court of February 21, 1963 Given under my hand this 28tg day of September, 1966. , Clerk -c-i_r_c_u_i_t--c~o_u_r_t_o_f-,,e,R-o~ck.--i-ng-h~a-m-=co-u_n_t_y_, Virginia Lt,, 7 t11i, §:,Cl I �I T I 0 TIUD 0 ' I I l1I I T, :tl :t rl:t 0 j :t :t l:t-i 0 .i:go:> :to 'I'Io:> bn .1: l 'Il ,I t 'J d 'I tf ob 0 YmU 0.8 n , 0 in:t :) llol l :t n l l Qi' rr fJ ( . n l no ::t l j ri.i a .I ) l ae1 e 1 Cl :tq a ' !J t 1 ,l " d !J'Id. :t'ILJ o 'J 0 :t'IU 0 ·1 0 l:O b 0 qor, 0 :t 'lU CJ fn 0 rl '{Ci, °" brr r �Septembe~~~, Honorable Twent Hamilton fifth 1966 UNCENSORED HAas, Judge Judicial ILED THIS DATE Circuit SEP 26 1966 inia Harrisanbur George W. Kemper, Clerk Dear Mr. Kemper: I am respectfully you already a writ requesting know that some information the Supreme Court of Mandamus on the 15 day of June, Hamilton HAas, to furnish conviction, received me with copies any information Please is going 1966, from your Court advise to furnish Court with habeas as of Virginia, granted me the Honorable my Court records any records as to whether of my and I have not the Court intends to or not; me at your earliest the records my case, and ordered of all and as of now, I have not received comply with the Supreme Court order eral of Appeals concerning oppartunity and if not then as to whether I may proceed the Court into corpus. Very truly Delaney yours; Allen Baack # 82841 :" .,, ,; n:;.1,v1: ,,7i Ee /\'.l~N n11 • • /J , j,/;Rt;.ultt1 the Fed- �----- -- --- --- -- VIRGINIA DIVISION OF CORRECTIONS GENERAL INFORMATION FOR FAMILIES OF PRISONERS For the purpose of these regulations, the following are considered to be members of the immediate family: Parents, grandparents, sisters or brothers, wife, sons or daughters. MAIL: All incoming and outgoing mail is censored. Inmates are allowed to write one letter a week, postage being paid by the State. They may write to members of their immediate .fumily, or friends whose names have been approved. They may not write to other inmates, ex-inmates, or their families, or to persons they did not know before entering prison, without special permission. There is no limitation on incoming mail for inmates except that it must be held to a reasonable amount and length. Special letters will be permitted inmates to write for business or urgent reasons. Inmates who cannot write may get someone else to write for them. Communications to an inmate must be legible and show his name and the mailing address of the institution to which he is assigned. His number must be shown on the lower left hand corner of the envelope. Outgoing letters from an inmate must carry his number written inside the flap of the envelope. MONEY: Money sent to inmates must be by registered mail, money orders or certified personal check, and will be credited to the inmate's account. He may then order what he desires from the prison commissary or canteen up to the value of $20.00 a month. The institutions cannot be responsible for cash sent through the mail. Personal checks that are not certified must be cleared before being credited to the inmate's account. Cash may be left at an institution to be credited to an inmate's account, and a receipt will be given to whoever leaves such cash. This cash, however, will be accepted only from persons on the prisoner's approved visiting or mailing list. PACKAGES: Packages may be sent to prisoners through the mail, or left for them at the institution, by approved visitors or correspondents. NO ITEMS ARE PERMITTED THAT ARE NOT READILY CENSORED. Shown below are examples of items permitted and forbidden: Permitted Not Permitted Snapshots Photographs Pictures ( no frames) Candy Food (home cooked or bought) (See exceptions next column) Canned Goods Medicine Drugs Liquids Dried Fruits Fresh fruits except apples Radios or electrical devices Toothpaste Tubes of any sort Powders Stamps Gambling devices Cameras Film Weapons Tools Sugar Outer clothing other than shoes Tobacco or Tobacco products Wearing Apparel: Socks Shoes Underwear Handkerchiefs Pajamas Sweatshirts (White or light gray) (To be worn under shirts only) Cigarette lighters Books and magazines of approved types Double edge razor blades VISITS: Members of a prisoner's immediate family may visit him. for one hour, every two weeks, Jn Sundays. (At the Penitentiary, visits are also permitted Saturdays). Visits on holidays are also permitted, but are not counted in the two week restriction mentioned above. If there is an unusually large number of visitors, as at Christmas and Easter, the length of the visit may be shortened so all prisoners may have a visit. Visitors from a long distance away ( over 300 miles or out of state) may have extra time if possible, or may make advance arrangements for several special visits on consecutive days. In-laws, if accompanied by inmate's brother or sister, may also visit. No former inmates are permitted as visitors. No more than four visitors will be permitted at a time (not counting children). All visitors must be conventionally dressed; women in tight fitting slacks or in shorts will not be permitted. Special visits are allowed to attorneys, ministers and others by permission of the Superintendent. Inmates on punishment are not permitted visitors; and inmates in the Receiving Unit of the Penitentiary must have been in the institution thirty days before they can have a visitor. Prisoners in the Segregation Unit of the Penitentiary may have only one visit a month, on days other than Saturdays, Sundays or holidays. NOTE: Section 18.1-284 of the Code of Virginia provides penalties from a six-month jail sentence up to five years against persons who try to help a prisoner to escape; and Section 18.1-285 forbids any person to deliver or try to deliver any article of any nature whatsoever without first securing permission of the person in charge of the prisoner. Breaking this law constitutes a misdemeanor. �nl~ck # 82841 Delaney AFTER 5 DAYS 1500 SPRING RICHMOND, RETURN TO STREET VIRGINIA .. - - . - ... .._,,___, .,_____, 23219 ~ US.POSTAGE : • .,._.::]~..)2 '.i,,......... .,..<,I :::05 • ~ - Honorable Hamilton Hoas, Judge Twenty Fifth Judicial Circuit Harrisanburg, Virginia George • . Kemper, Clerk. • '( ��UNCENSORED( MAILED THtS DATE I A-ll'-liY /}LLF/V lJLJJc.f( VEJ.. July Mr.George Clerk 'fl.Kemper Of Circuit 31,1966 U. STATE PENITENTIARY Cou:tt Rockingham County Harrisonburg,Virginia. Dear Sir: On the 15th day of June,1966,the entered an order of Appeals directed of qockingham my case on a Petition Writ of Mandamus which the Supreme Court to the Honorable County,to furnish of Virginia, Hamilton Haas,Judge me with copies of all of the Circuit the records Court pertaing to in the month of February,1963. Since this order Court has not,as of what action isn't for Supreme Court of Appeals going of now furnished to furnish will proceed asking for an order advice the records to file for and a reasonable the records,so the Court is taking then_I Please was entered concerning in response time has elapsed,the will this you please matter,so a Writ of Habeas Corpus in the Federal for my release. me at your earliest convenience. Delaney Yours; Allen Black,82841 500 Spring Street qichmond,Virginia,23219 AIIG~ 1966 me if the Court to the Supreme Court's Very Truly Filedin the Clerk'sOffice Rockingham County,Va. advise order, Court �.. VIRGINIA DIVISION OF CORRECTIONS GENERAL INFORMATION FOR FAMILIES OF PRISONERS For the purpose of these regulations, the following are considered to be members of the immediate family: Parents, grandparents, sisters or brothers, wife, sons or daughters. MAIL: All incoming and outgoing mail is censored. Inmates are allowed to write one letter a week, postage being paid by the State. They may write to members of their immediate Ramily, or friends whose names have been approved. They may not write to other inmates, ex-inmates, or their families, or to persons they did not know before entering prison, without special permission. There is no limitation on incoming mail for inmates except that it must be held to a reasonable amount and length. Special letters will 1£ permitted inmates to write for business or urgent reasons. Inmates who cannot write may get someone else to write for them. Communications to an inmate must be legible and show his name and the mailing address of the institution to which he is assigned. His number must be shown on the lower left hand corner of the envelope. Outgoing letters from an inmate must carry his number written inside the flap of the envelope. MONEY: Money sent to inmates must be by registered mail, money orders or certified personal check, -and will be credited to the inmate's account. He may then order what he desires from the prison commissary or canteen up to the value of $20.00 a month. The institutions cannot be responsible for cash sent through the mail. Personal checks that are not certified must be cleared before being credited to the inmate's account. Cash may be left at an institution to be credited to an inmate's account, and a receipt will be given to whoever leaves such cash. This cash, however, will be accepted only from persons on the prisoner's approved visiting or mailing list. PACKAGES: Packages may be sent to prisoners through the mail, or left for them at the institution, by approved visitors or correspondents. NO ITEMS ARE PERMITTED THAT ARE NOT READILY CENSORED. Shown below are examples of items permitted and forbidden: Permitted Snapshots Photographs Pictures ( no frames) Candy Food (home cooked or bought) (See exceptions next column) Wearing Apparel: Socks Shoes Underwear Handkerchiefs Pajamas Sweatshirts (White or light gray) (To be worn under shirts only) Cigarette lighters Books and magazines of approved types Double edge razor blades Not Pe ..mitted Canned Goods Medicine Drugs Liquids Dried Fruits Fresh fruits except apples Radios or electrical devices Toothpaste Tubes of any sort Powders Stamps Gambling devices Cameras Film Weapons Tools Sugar Outer clothing other than shoes Tobacco or Tobacco products VISITS: Members of a prisoner's immediate family may visit him. for one hour, every two weeks, on Sundays. (At the Penitentiary, visits are also permitted Saturdays). Visits on holidays are also permitted, but are not counted in the two week restriction mentioned above. If there is an unusually large number of visitors, as at Christmas and Easter, the length of the visit may be shortened so all prisoners may have a visit. Visitors from a long distance away ( over 300 miles or out of state) may have extra time if possible, or may make advance arrangements for several special visits on consecutive days. In-laws, if accompanied by inmate's brother or sister, may also visit. No former inmates are permitted as visitors. No more than four visitors will be permitted at a time (not counting children). All visitors must be conventionally dressed; women in tight fitting slacks or in shorts will not be permitted. Special visits are allowed to attorneys, ministers and others by permission of the Superintendent. Inmates on punishment are not permitted visitors; ar,d inmates in the Receiving Unit of the Penitentiary must have been in the institution thirty days before they can have a visitor. Prisoners in the Segregation Unit of the Penitentiary may have only one visit a month, on days other than Saturdays, Sundays or holidays. NOTE: Section 18.1-284 of the Code of Virginia provides penalties from a six-month jail sentence up to five years against persons who try to help a prisoner to escape; and Section 18.1-285 forbids any person to deliver or try to deliver any article of any nature whatsoever without first securing permission of the person in charge of the prisoner. Breaking this law constitutes a misdemeanor. �uelaney AnER 500 A.Black,82841 IS DAYS SPRING RICHMOND, RETURN TO STREET VIRGINIA 23219 Mr.George .1/.Ke,n.per VP..· Clerk of Circuit Cour Rockingham County Harrisonburg,Virginia �i. '1. •• �;;pE-L JJ-NG- Y ft t. J..EAl BJ.. 11el( June 8, 1966 Cle k of Circuit Rockin Court ham Count Harrisonbur~ Vir~inia Dear Sir: I have contacted Mr. Donald D. Litten, Harrisonburg,Virginia, concerning attorney the transcript of my trial the Circuit Court of Rockingham Gounty in January has advised me that the ~lerk s office the tapes of the transcript of the ~ircuit Court, at law, and that at in 1963, and he are on file in I could obtain same from the court. I have mailed reference would like of my trial Enclosed several to the records to once again transcript is the letter letters and affidavits of my case, request which will which that without to you with any success, you furnish me with a copy be very much appericated I received so 1 by me; from Mr. Litten. Very truly yours: Delaney Allen Black# 500 Spring Street Richrnond,Virginia 82841 �VIRGINIA DIVISION OF CORRECTIONS GENERAL INFORMATION FOR FAMILIES OF PRISONERS For the purpose of these regulations, the following are considered to be members of the immediate family: Parents, grandparents, sisters or brothers, wife, sons or daughters. MAIL: All incoming and outgoing mail is censored. Inmates are allowed to write one letter a week, postage being paid by the State. They may write to members of their immediate family, or friends whose names have been approved. They may not write to other inmates, ex-inmates, or their families, or to persons they did not know before entering prison, without special permission. There is no limitation on incoming mail for inmates except that it must be held to a reasonable amount and length. Special letters will be permitted inmates to write for business or urgent reasons. Inmates who cannot write may get someone else to write for them. Communications to an inmate must be iegible and show his name and the mailing address of the institution to which he is assigned. His number must be shown on the lower left hand corner of the envelope. Outgoing letters from an inmate must carry his number written inside the flap of the envelope. MONEY: Money sent to inmates must be by registered mail, money orders or certified personal check, and will be credited to the inmate's account. He may then order what he desires from the prison commissary or canteen up to the value of $20.00 a month. The institutions cannot be responsible for cash sent through the mail. Personal checks that are not certified must be cleared before being credited to the inmate's account. Cash may be left at an institution to be credited to an inmate's account, and a receipt will be given to whoever leaves such cash. This cash, however, will be accepted only from persons on the prisoner's approved visiting or mailing list. PACKAGES: Packages may be sent to prisoners through the mail, or left for them at the institution, by approved visitors or correspondents. NO ITEMS ARE PERMITTED THAT ARE NOT READILY CENSORED. Shown below are examples of items permitted and forbidden: Permitted Not Snapshots Photographs Pictures ( no frames) Candy Food (home cooked or bought) (See exceptions next column) Canned Goods Medicine Drugs Liquids Dried Fruits Fresh fruits except apples Radios or electrical devices Toothpaste Tubes of any sort Powders Stamps Gambling devices Cameras Film Weapons Tools Sugar Outer clothing other than shoes Tobacco or Tobacco products Wearing Apparel: Socks Shoes Underwear Handkerchiefs Pajamas Sweatshirts (White or light gray) (To be worn under shirts only) Cigarette lighters Books and magazines of approved types Double edge razor blades Permitted VISITS: Members of a pris_oner's immediate family may visit him. for one hour, every two weeks, on Sundays. ( At the Penitentiary, visits are also permitted Saturdays). Visits on holidays are also permitted, but are not counted in the two week restriction mentioned above. If there is an unusually large number of visitors, as at Christmas and Easter, the length of the visit may be shortened so all prisoners may have a visit. Visitors from a long distance away ( over 300 miles or out of state) may have extra time if possible, or may make advance arrangements for several special visits on consecutive days. In-laws, if accompanied by inmate's brother or sister, may also visit. No former inmates are permitted as visitors. No more than four visitors will be permitted at a time (not counting children). All visitors must be conventionally dressed; women in tight fitting slacks or in shorts will not be permitted. Special visits are allowed to attorneys, ministers and others by permission of the Superintendent. Inmates on punishment are not permitted visitors; and inmates in the Receiving Unit of the Penitentiary must have been in the institution thirty days before they can have a visitor. Prisoners in the Segregation Unit of the Penitentiary may have only one visit a month, on days other than Saturdays, Sundays or holidays. NOTE: Section 18.1-284 of the Code of Virginia provides penalties from a six-month jail sentence up to five years against persons who try to help a prisoner to escape; and Section 18.1-285 forbids any person to deliver or try to deliver any article of any nature whatsoever without first securing permission of the person in charge of the prisoner. Breaking this law constitutes a misdemeanor. �~&#~j ~u,cul ~ff ~ 1tr(a/ Pl.~~ !ffmwldg .!l't1e111 ~1'1M/I FIRST tf!.A~,~ NATIONAL June Mr. Delaney Allen Black# 500 Spring Street Richmond, Virginia 23219 Dear ,,ctnd !littf3?V BANK ,!,!JJ(lf BUILDING !Ue/zkw-VJ//-JJol 3, 1966 82841 Delaney: In reply to your letter of May 31st I have no records in my file which would be of any help to you other than those which you could obtain from the Clerk of the Circuit Court Your trial was recorded by means of a mechanical recorder and the belts or tapes of the trial should be in the custody of the Clerk. With best wishes, I am Cordially, Donald D. Litten dwb/3262 J If---- �' ~ J \ �Delaney AFTER 500 Allen S DAYS RETURN SPRING RICHMOND, Black TO STREET VIRGINIA 23219 To: Clerk's Office Circuit court Rockingham Co Virginia ��VI GINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,July Re: Delaney Allen Black. Upon the written a penitentiary pauperis, supply this respecting ebruary, is now confined, valid court, his and said to prosecute, of habeas of copies previous of certain such petition i failed accordingly denied A COP'l. --------------- ; records , Clerk. of on the 21st for which he to state by rule 1965. ATTESTE: and for the nor any specific as required Black, in forma corpus conviction Black having so requested, such application day of July, cost, of Delaney Allen 1963, of the crime of murder, ground to support for the records for leave for a writ to him, without day of application prisoner, a petition court 20, 1965. this any nee of this 20th �• I l ,.>b 1 II .rsa n II .e.1: :tu:> a.a 'IO .i: :::,'-"'l 'IO b i: 'J ::to '!l.1!11 ... ' .rl ns • rl n d.t "·o ' l n ' .i: bl db .i:rl:t .,la ' 0 'Ion no.i: ·.l:J' II If> t ' .J :! 11 () l. " 'Iq T tJ l 1.i: :1: lUI n l q :t.i:'l J '"I n !).i:llo rl:tO~ :, 'IO!> 1 :t lri:t lo 'j no nol: :t~.i:vno:> tfj "II u /JO UOOTI 'iIO O'l ' rl:t 0 Q}l d:t l 111 f! •j rl..)!18 . t t • Iul :i 'I' ,... b �r I �i • ~;-:-a- -r -----{---- - ~- t--- b· p==f=-=: I • -T-~ - ; +== - ~ t- 4 j= -. ! L 1 r ; �Delaney Allen Black 500 Spring Street Richmond,Virginia Honorable Hamilton Haas,Judge Circuit Court of Rockingham County Harrisonburg,Virginia, 22801 82841 �______________________________________ __, ______ ,________________________ _,,,_Ill, �VIRGIUA: In.Tbe Circuit Court of Rockingham Commonv,eal th of Virginia. • ( ro: vs. Delaney Allen of Poverty Cornes again Defendant Virgir.ia, which with Delaney 1. 2. the the The grounds court: to- it: Conviction 5. Delaney v1ill rule rules of this the lack, submits Court,the Circuit herein,does '.neans ava ilab on insufficient evidence respect accordingly by the v,rit of habeas information: 1an:es herein states court,tbereby and furnist Subscribed and s,;orn aforesaid,ar:d given i'.y commission expires corpus County; the records conviction said are of that requested in this conviction. needed in the and dates for proper the manner. etc. he has now complied he prays Respectfully City of Richmond State of Virginia ockingharn that: to support such records Black,defendant and in ways or means of his are needed: r:ight of proceeding. such for to this t again, certify of law. a petition subn,itted of due process of givin[; t'.llen Court of this of the ~tate af'fidavi down without records request or any other the validity Convicted in this his rules haas,Judge. rules hereby e estate the Hamilton court upon to attack purpose the Allen with with and legal relied For the with in corLpliance records of subu:.itting Delar.ey Haas. of the purpose • Defendant Hrunilton of poverty Black,d9fer.dant was handed In what an affidavit rules llen cost Count. CERTIFIED. from the Honorable was in compliance He han no fjnincal securing Degree.l Request: BlacJ,,and instructions Your Defendant, compliance egal Judge: llen submitted Court and Presiding Delaney Court,upon honorable First 0 To The Honorable honorable ~urder .Plaintiff • Black. ffidavit An County that this in the Honorable first Court Affidavit. submitted l to-wit: to before me a 1,otary under i£z.y h nd and seal ~ '2- /4 Publi~ this '7 ~afyor 'd/f1.a tf~nd Sta te 19 650 0 ~ / ~ ~~ 1 ~ ,: 1 _ j �. ,. . , �to-wit: 2 ·+y of' :Uchmord In Tre Circuit 1 : Court Of Rockingham arrisonburgVir('l'i• • q County a int ;._ff' Co'!w·or.weal th of' Virfinia ( re: - vs ~ea ney Al en ulBC' n Aff'idav~ t Cf :'overty ~o The Hororable ~his appeared is tefore tl-:at. hp f'ar+ tba because re DIA Precess h::.:" w • thout he ria ,copies The reques Def,,.,dant ·ors 1111..cis, paver trial these ~s enti+lPd 17-J0.l.and ~ day spnr,Hr. Sta :1~ t 1bscribed o•ff rf' he presPrted of U.A records eing pauper,an tl-P cost this rf cour eral,whi rat : and e rorsidering r,.;s court w'll 1 ar'"an to ris case to to f...:.r ~s' of' .. ::.s case, (d) ( b) the a .. arrat·ve ir this Sate ent Court. he to t e request \-A prcper .,..ule under Corstitutions,and \-,:_s case,an<l perta·r.inc fw 1 ds,a G63,ir iJn:.'..ed C:tatPs for a cc ..u·t. v1r.der ~:·rginia Code,suo;,il p•er.t ~nd z..72 c.s. v. Calif'ornia, 10-'s, t'.1e "irc(r.ia '!10 ally he Code of Virgir.ia,and is "':a<le pursuant to cc,pies cf prays 1--e Arrssti!._; Cr er party,oerso to defray with011+ colla 4- . 83,of c. an Crders records and swor1 to b13f'ore of Vir[inja,and being vf ( P-) 7-30.2. at s wi ho1t Le -::ood faitr,he ·!'1 the ,.,o.,.. and nou.;-las accr-l ..nt hat in February y,and ona fide, of' any otl:er for '351 J.S. Cn t ,:s State (c) he .... ndersigred he Ci y and Sta+.e aforesaid,a"l an<l says eel conies case, ulack, and for n f'cr w ::.t of' 1--sl-ieas ccrp~s,+o pe itic!' or .. is 4 4- 80 and SPc ion certif' t of '1is • equest: Allen to his Cla"SP. of' hr-t,}. cos Defe ·~ r..t 1-·e a"'ou ,t of mo. ey YJ.ecessary of' tis hP- co,,,P.s i"l accor,Hn 6 to SAction of Fqblic, oA~t Records,relative h1>re ere Ind'ctme T)ealnev o procure Degree Jud_e. to la't",deooses :-:at .1e is unable 0 that me,a :,otary du y 9worn accordinz certai~ and Legal r siding o certify ..~urder,F'irst Cne Count 8.. r 0 sai ~•ahey 353. Ulen Placl<-,Pas ~tB+e P nitertiary,Ric 0 otary Public,in fiVe'.""' 1r er rr:1 baT'd ard seal MyCommission ExpiresApril101 1966 an<l for on tr.is >-e •-• d' /.7d-- Tcnd,Virt:inla. the pvf City of Z:ich".n.:,nd, day of' fk-4 er---f RAYMONDL. CHEVRETTE �l' �VIRGIUA: In. T e Circuit Court of Rockingham Commonv1ealth of Virginia. ( ro: Allen of Poverty Comes again Defendant Virginia, which witr· the Delaney 1. rules llen 2. the cost The grounds court: to-wit: Conviction 3. For the purpose the will rule rules court submits bis Circuit Court hereby the validity of his evidence writ of habeas information: by the and furnish corpus tames herein court, Subscribed given '1y commission expires County; ways or neans of conviction said are states that thereby he prays the records requested conviction. needed in the and dates in this for proper the manner. etc. he has now complied that this in the Honorable first Court Affidavit. submitted to-wit: and sv,orn to before aforesaid,ard ockingham that: to support such records Black,defendant and in proceeding. are needed: rjght .::itatc of t again, certify or any other Respectfully City of Richmond State of Virginia of such for of' this to this of the af'fidavi of law. a petition rules request rules due process records the Hamil ton haas,Judge. down without sub1r.itted accordingly in this on insufficient of giving Allen the e estate availab upon to attack of subiritting with and legal herein,does relied purpose with ~eans with Ccurt,the records In what respect in coipliance 3lack, of the was handed Delaney of U,is Black,dofe~dant Convicted CERTIFIED. of poverty was in compliance he has no fjnincal securing an affidavit Allen • Defendant 0 from tc.e Honorable Delaney "ount. Hamil ton Haas. Black,and instructions Your Defendar.t, compliance De~ree.l Request: Judge: llen submitted Court nnd Legal Presiding Delaney Court,upon Honorable First • To The Honorable honorable ~urder Black. ~fidavit An .Plaintiff • vs. Delaney County rr e a 1.otary under m/2n~ -2 '2- and seal /4 Public, this '7 in and for ~ay thel/~,o.nd. of~ - ~ ,/ ~~~ ft '~ E>tate 1965, �•' �ea .,..,P AFTER 9 DAYS RETURN TO 500 SPRING STREET RICHMOND 19, VIRGINIA -, • 23.219 05 : f '~ -----· 10 ':' A 1.0"' rar 1 p • rAs~-:!::~,,. Jud:::;e Ci ,..cni t Cour cf .,ock • .. ~ham Co mty Iiar 4 sort>,.,.r: ·:::.r:=i"'l:'..a #82841 ��J ~-~-:wt? ~/-:£~, .fru-- ~~ ,ry~ud!-C-,-« t ~ �VIRGINIA GENERAL STATE INFORMATION PENITENTIARY FOR FAMILIES OF PRISONERS MAIL Inmates are allowed to write only one letter each week, postage being paid by the State. They may write to members of their families or friends whom they knew before coming to prison. They cannot correspond with prisoners in other institutions, or relatives of other prisoners at the Virginia State Penitentiary, or persons they have never met, except lawyers and religious advisors. They are not allowed to have stamps, which should not be sent to the institution. Permission is granted for special letters for business or urgent reasons. Letters are written for inmates who cannot write. All communications to inmates should be addressed to 500 Spring Street, Richmond, Virginia WITH THE INMATE'S NUMBER ON THE LOWER LEFT CORNER OF THE ENVELOPE. Name and address of sender should also be on the envelope. The institution cannot be responsible for cash sent to prisoners through the mail. Money should be sent in by Post Office Money Order, Registered Letter, Express Money Order or Certified Personal Check. All money sent to an inmate is credited to his account and he may order whatever he desires from the prison commissary at regular intervals, not to exceed the value of $20.00 per month. All out going and incoming mail is censored. PACKAGES Inmates may receive snapshots and photographs without frames, candy, home cooked food. Wearing apparel is also permitted, such as sweaters ( must be solid color brown, not two-toned), socks, shoes, underwear, handkerchiefs, and pajamas. No other clothing is allowed. No canned goods, toothpaste or shaving cream, talcum powder, or any articles consisting of powders or in tubes, are permitted; no medicine, drugs, or liquids; no dried fruits and no fresh ones except apples ; and no packages of any kind that cannot be readily censored. No tobacco in any form. Quantities of items permitted should be held down to a reasonable amount. Watches, musical instruments, and portable typewriters are allowed by special permission, but must be registered on arrival and may not be transferred from one inmate to another. VISITS Members of the inmate's immediate family may visit him twice monthly. Visits must be two weeks apart and between the hours of 9 :00 a.m. and 11 :30 a.m. and from 12 :30 p.m. to 4 :00 p.m., Sundays and Holidays only. Inmates may be seen for business reasons any date provided advance permission has been obtained from the authorities. No inmate may receive a visit from anyone until he has spent 30 days in the institution. NOTE: On and after March 14, 1959, visits will also be permitted on Saturdays. Sarne hours ~s Sundays and Holidays will apply. �~:;-.~~»'~~ • 'soo RICHMOND: SPRING STREET VIRGINIA, 23219 �~ / �.&tll,l<,fl-•Ir ~~ ~~(11) ;P ..7 _...,.. __ _§ di __ _ I" .tt7 ...__ �( ESTABLISHED 1859 JI. lil'. ~~IL..IL.,eo. LYNCHBURG, VA �September Mr. Delaney Allen Black 500 Spring Street Richmond 19, Vir inia 25, 1963 82841 Dear Sir: Your affidavit certain records of poverty h a been received to be furnis d you. wbich lists No transcript of the testimony was made and toore was no report filed by the Pro ation Officer. There seem to be no waivers by you, and we would therefore not be able to furn sh you with any of these items. If you wish copies of the other 1 terns mentioned in your affidavit these can be furnished you at a cost of 10.00. We have had no court order compellin the furnishing of these copies without cost to you, and I therefore do not feel that the cl rk is under obli ation under present oircumstances to do this. Yours Gore GWK:m.b v ry truly, w. Kemper, Clerk �mo:tq lI .ra n .[LA ., e1a1 Brr on lI ol b vl on d 'l d " OII e>e'I n ed . o b .d ~1'! ◄ J1 'I..J1 'io lvs 1"" "!'. ·oY • b'! " ".! rdeJ"' o ~ "1 b . o l 'I 41 orl;t bl'1o • am :tl d:to • o d 6 e:r ➔ 'I1 • , uo~ bede a~u j db .l"! l d e-xe uoy r'l o eelao ed ru.~ ee n1IIe, JO 'lebrr ;trr.uoo ori b d ev brt - ,c ~ o:t ::teo o ti.;-o"'"' •. lja~ !do 'le' rw ct ''1 . o ,. l J;t cb Ow dm:~ .1J �-COJ1,10NW.sALTH OF VIRGIHIA ) To-Wit: CITY Oi t'J:CIMONE ) VIRGINIA: IN THE CIRCUIT COURTOF .lICKI,~Gtlil.d COl11 ITY 1 .......... c01,r;:cr:ri !&A.LTH O• VIRGINL1. . . . vs. - ... o • • • • • • • • • • • • • • • • • DEFBIJDil.t:T A F •' I D A V I T ally said, before and first without unahle court records the Section a Notary the necessary court, an appeal copy of c0py of A copy of ,.f, copy of A CQJJY of A copy of A copy ol !'. certified A A J. J..6. 'f 7. y...R. to law, these to the Suprene prays records undersigned that to defray records Court this case person- and ~tate afore- and says that, and that, and order in his deposes party, being the he is without expense funds, of certain are needed by him to enof .ApJeals Court will th.at this of Virginie.. rule court which was before There according supply this to him with- court in of 196 2. 1;,. 4. ~- the in and for the City funds that of the Code of Virginia the below listed 1. 2. Public, affiant~petitioner the fir st quarter Black, of his incarceration; held by this said P OVE R T Y duly sworn according to procure 14-180 out costs ne, OF Delaney Allen because him to perfect fore, that beine collateral he is able to certify apoeared . PLAINTIFF Murder DilJ,NEY ALL 'N BLACK This is .. the arrestin[ warrant; the present~cnt to the Grand Jury; the order appointing attorney; the Order of Trial and findini;s of the Jury; the Order of Judgment imposing sentence; all waivers signed by the defendant; the f-lro1·iations Officer 1 s report; copy oi the Record of Testimony. llespectfully requested, ~el:!::/:;· D~ 500 3cr ing Street Richmond 19, Virbinia Comr1onwealth of Virginia) City or' Richmond ) ss The said Si.l111 Delaney Allen of ,$ J2of'Z on his Sworn to and subscribed 0 Black, has on this spending before account., day, State me, the Notary September t'enitentj_ary, Public, dateo c~ITl!!'lission exnires _IL_,191'.iJ, the MyCommission ExpiresApril10, 1968; • .Ri hmond, Va. named bl]low on this �i' �CO·MO.N I LTH Ol VIRCINii. ) CITY O' VI IN CHMONE o- it: ) : I co TH o' I V • COUNTY vr 1J..O.y Ii' .. ... . .• • • • • • .... turd • • • • • • • • • • • • • • • • • • • • • ij II I l AF 'I DAVIT --------- T ·s i d b f said, th t Oelan y All n Blao , the Wldersigned to certify ally d irst OF V • T Y -------- e e, Notary being duly .e is ble ~o ro~ur t co corda hvld ble him to oerfect f~re, h action out cost said his incarc then this affi Co the below list that ; o ir{P.ni. d r co in defray t >ons of fore- e is ds, e 'vain are ne~ded by him to enof 1eals of ti t this i zj_ nia. rule acco:i:di his CoUlt will a • orde nd t·te th t, b -ing wit out f ourt er :Jrays th t City ers n- , de o,cn and scy• th t, e recor 1 to the Su::,re etiti 14-180 of t tio cessary fWld t court, n app ·ng to 1 aocor iOrn o forte . arty, court T ere to s p ly him With .. s ca.., which was be rue this court in tho f.::.rst qll£irt r of 19 2. copy oft • s o coy of the p A copy o' the o J. I LJ.• l copy of the Or .... ; 2(j .,. A • 1. 8. y copy o Or wa C o... actfully , , Pr , ury; m :ny. request d, . _ /J 0 ~ ~~itio Com:10 w alth of Vir J. 1. Ci :y o ' Richmond ) ) The • llen Black, ha on this day, Se tomber sumo Sworn to and subs ribed before , the •ot ry Public, dat • , -or:nission oxpil -------------- 8 er MyCommission ExpiresApril 10, 196~ --Y, , 1963, the nar·-d b ,low on t us • �I : .[ .... ( I I . . . . .. . . . . . . . . . . . . " .. I ·1 ( 11 IV ' i; II 'I . .. . .. . . . . . . . .. . . . . . . . . II Ii v I I l J 1 I I :II ,.t j .rl I' ,I 'l I II .J ~ ' L 11 ·1 0 I· .J"I l !) l nl 11 'IC • l j '1 u '• I .l !1 II 0 • • • • I I I I •I I • • t ... 0 C • I I Ir �Delaney ,. •. • Black rl 8 c/ J ij / Cirelli t Court of ttockinrrh-<>mCounty Harrisonburg, vir 6inia �� 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/. Title A name given to the resource Commonwealth v Delaney Allen Black Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1963 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_021_007 Black https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_006_commonwealth-v-delaney-allen-black.pdf a738798ba9ea5771b54ceb75d4bf03c3 PDF Text Text COMMONWEAL TH VS. .. ~ ~"1I DESCRIPTION OF PRISONER ~ Last known address Color --<.A/ Hdg}t Marks __________ Age J.9 Date of Trial Result S"- 9 Eyes ,..,..... ____ ~ccupatio /{bfJ,_~afr ~ .________________ '-~-~-=-------------- 7-....{l(i- :).../ / / Y b .3 Ji D ~ ~ ~ ~~/fJ~_ 41,-. Weight~ _ ��./ • - z) U771--( ~ /l~ ~d #- ✓ '7 t:, ~ _ , {;) k~c&t'~. / ,t,,,,,,,1£ z✓:;_fl ~?r c-0.a 4 3//Y, _,P.,~. : ;< 1(J) ~.2~4p T, ;/),_Lad, ..) .- L ~JO~~~lf t L,~P'2~L 7 a,:ze,~&/ ;1 _ 1J~z.." 1 u.t_d~i �l = �COUNTY COURT N<?39838 Criminal Docket A Commonwealth V. Appearance Date Trial Date / 1 - fJ ,,- 6 2- 6 L-- _ // - /-,,iii~~ .......... "-&-' ~~M~~...-~ . . . ___:::::,..__ _____ 4 .. ~ tJ..iL,; .,~ 2-/ ----i ��0 ~ ~ - --~ J-~0 ~ ~ j)~ \ f\1 -;-\,) (' # 1 1:) ~~ ,< • + ,- b w ;o ~ C Q ~r- .~ 4- ~ -=-~ "', ~ ~ ~ ~ (' r ~~ ,. 1" tl t ~ (t) - ~ ~ 0 ~ ~ < H - ~ c C" .. ~ -4 1 - ._ �r 7 ip 7. r I I I J I ~ ~- ~c II ~ ,..• ___,.____ .__..__..,,,. ItI I r - tt- tj+ I t /0 /I 7 I fr I O �JAMES ATTORNEY COURT R. SIPE AT LAW HOUSE HARRISONBURG,VIRGINIA �_________ .,c..,,__ ______________ ;;... ___________ .,_,.;:--c:..... :..----------=,:,-=-»-:i.-"-....-.::---,;.....------------------------ �Witness Subpoena Commonw,ealth of Virginia: County of .Rockingham, to-wit: To the Sheriff of said County, Greeting: to appear be , 5 6.JJ-day of t J-tcl../ to give evidence,. in .behal~f-~~~~-' said County, sitting at Harrisonburg, , 19 6 L,-at Virginia, m said County, on the hour of_-----""'.J _ _,,,"-'(/);.....__...:...fr'\.:........>o..c..:,_ _____ of that day _4--~~--------------------------- m the pending case V. Given under my hand this ,)__&: day of_ ___._&-f--=-...,.__..,,-___ (!__ __ \4_:.~~Ldl;j I Clerk Asst. Clerk �u The County Court ;;: ::J () r: C '-' . :,.. -:.• C >,... 1. ~ If "'{ ·c, (. L... :;;; ~ I ; ?--·· i i j ' i' ,f .-1_·; ·,; . ( V. ( Witness Subpoena ~OiL'bLl '-' ,::_ lo II- 0 3 _. ( C ;.,.1_ ;;= ' Mo> . J 2- �i 5 7 5 6 7 6 5 6 7 7 7 7 7 5 5 7 .00 .5 2 .8 l~ 26 .5 2 .12 .0 0 .6 .10 .8 0 .10 .10 .10 28 .8 4 52 6 54 6 .4 0 6 .4 0 6. 0 6 .l!O 6 6 5 7 5 16 8 5 7 7 6 7 7 7 7 6 .12 .6 8 .8 4 .5 2 .0 0 .0 8 S .0 0 .5 2 .5 2 .6 8 .10 .8 0 .10 .52 .5 4 6 JIO 6 .12 5 .8 4 249.22 T ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . - Deputy Sheriff G. M. Wilcox ~ ------------------------------------------------------------------------------------------ ·------------········----------------·------------ ----------- -------------- ------------ - -- ...........R~P~t.Y...~.h~.rJJf. ..:r....... t~....Mgx.tJn ............ ~ ................................................................................ . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth-before ?:Q.~b. .. day County, at the Court House thereof, at 9:30 ofF'.~.~£~.?£Y ............... , 19... §J, to testify and the truth to say in behalf of the -tke- GPand-.Joc,-,against .............................................................................................................. . Delaney Allen Black who stands charged with and indicted for a felony -mi~a~11,, And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the ..J}tPof of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison........f.~J:?.I.~9:IY...................... , 1 ..J...., and in the .J~7..tbyear �... rv - \ - 1 1 ' -, .,#;' -t ..... ........ ......... . I,· If .1 r·-·R:::): -- EXECUTED;'M~/✓ ROCK I~✓ GHA -B~Y.JD•:z.:·ILNIVT!~~~UNTiJ~ 'COPYOF THEWITHI · · · .. ~ .............. Tofl.- !N PtRSO!\I . • • • -~- z~F;RMA By . -:' ..-................ •••• • • • S. :· :· . D.S. k. ..... ~ • -~·. BY. · · ... . A ~ • ·T. • • • -· •• c. .... D. S. R. r::. - l~W~D~Al\f ~---</. -.~d . . �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon···········~···················•···········································································•········· V. ........................................................................ . ··········~~~~ ...~.· ....~.~!.~.~ ......../J,J, .............. to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the .?.9..~h. day County, at the Court House thereof, at 9:30 of .x~.~:i:::~.?.EY........... , 19.....~} to testify and the truth to say in behalf of the Commonweal th hef e.Pe-the-G.Ptltul-,J.ttPy; -ogainst .............................................................................................................. . .................................................. De lan eY...Al len ...Black ................................................................................................ . who stands charged with and indicted for a felony mimiemeanor.And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the ... J}.~.~f of the Commonwealth. Attorney for Rockingham County and the City of Harrison........... .f.~J:?.?:".~~?:".Y ................. , 19.§} .., and in the ....~~.d!L. ~ .~~.?._~~. yea!' ./~·····•·················•················ Attorney C~'s �[,'.~r·•,··: o• ~~ ,1-..,/J,/(, -;J),'1r ,.J ·y of ~- ..... \, :Jiniu, by coll1;9 at t~s~'7f .. ;u'/.!/f ..., of~~- , 19t?J.., in the County abode, •••••••• .••••.••. ond not findi'1g ~ there, or c: :~ other p?rson upon , ✓horn service could be. mode, I left a true copy of the above mGntioned papers attached to each other, posted on the front door of ~ .. usual place of abode . 1t.1:sr .·pf··'f.~fJJrnM~:-1.... . s. Re_ .\ l s .~,. -1.ef/o/-. ,......... DepL1ty Shenf �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summ2:n ...... ................................................................................................................... Paul Ettel ---------------------------------------------------------------- . --------------------------------·--------------------------------------------------------------------------------------------------- to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..~.Q!=.bday of ....~~~E~.~EY. ......... , 19...~}, to testify and the truth to say in behalf of the Commonwealth -before-the- -61-~nd-lttry;-against .............................................................................................................. . ......................................................................... Delaney .Allen ..Black ......................................................................... . who stands charged with and indicted for a felony-nti8detnet1.H&1-:And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the!}~.b .. of ...........f.~.~.~~.~.~Y..................., 19..§}., and in the~.~!.~.~ .. year of the Commonwealth. �E:KECUTEq..).-;J/-:£',1.. IN THE COUNTY OF ROCKINGHAt,,f BY DELIVE~ A TRUE COP~F THE WITHI~~~ ;~~~~------------···--~ roJ½ll'Pf,Rll,W'i --_ s. R..C. _~ ,~-#-. D. S. R. C. V\' I �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ........Georgia .. Mae ..Hoover···- ...l 2S··•E•...wash ington ..St .• ·'···Harris to appear before the Judge of the Circuit Court of Rockingham on burg······· V. ................... . County, at the Court House thereof, at 9:30 o'clock, a. m., on the .~.Q~.h.day of ;ir~J?.!'.~.~!'.Y ............. , 19...9.}, to testify and the truth to say in behalf of the Commonwealth Bet'eI"e-the-GffiH&..Jtu•y,against .............................................................................................................. . ..................................................................... Delaney ..Allen ...Black ............................................................................. . who stands charged with and indicted for a felony mtt>ffet1ieant>:t>. And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the.JJtb of the Commonwealth. Attorney for Rockingham County and the City of Harrison- of .......f.~1>.r.l.:HP:Y. ...................... , 19.6.3 .., and in the 18.:Z.thyear �EXECUTEDf:./.(·.4J .. IN THE C UNTY OP roCKINGHAM BY DELIVERI A JRUE r0~oy OF. HE ~!THIN .• • ~.; ~~·-~~- ~ .•• ·to IN PE SOW ~~T~WDfi~N • •••. S. R. C. . !j... ~ ... D.S. R. C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . .. ...... ~l~.~£ ... 1?.J~.~~··············£···········~············•·············································································· -- ---------------------------------------------------------------------------········---------- ••••••••••••••••••••• ---------------------------------------------------------------------------------------------------- to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ...?.9.tJ::i day of ....f~J?.£~.?.~Y ......... , 19....§.~ to testify and the truth to say in behalf of the Commonwealth ~e- 4he-6-1'8tltl-Jut-y,-against .............................................................................................................. . .......................................................................... Delaney ..Allen ...Black ........................................................................ . who stands charged with and indicted for a felony miMlen-mt1,or~ And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ...JJJh>f of the Commonwealth. .........f..~1?.~.Y..~.~.Y. .................... , 19...§}, and in the ....J.~_?_~~ar .... ~- ~~· ~ ................................................ • --- ----- - ----··--- Commonw 1's. Attorney . �Not finding I pace t:c•,%7 ~ ..._ - ~.. CO•..x;', ,._' ~ ~~ ~& ,, ' , YJ .. ,. . ..........•..•... c:2/ :i'!a~.7 .../<~•/. , ,_ _J rt . -~.... k. •. • - . ..... ~., :> ~. at his usual • •,,,. b d t· y · e IVenng a to~--~ .s~4~~~-• ,di?~ ..... , ·re, a m~m'..,er of i~ tr<? purp -t t 1ereof • . , ,ci 1 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ············~~.~.~ ....~.~~.~ ...~.~~~~ ....................... r:. ....... ~ ................................................................................... . -- -------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------ --------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth 3.~.~~ .. day County, at the Court House thereof, at 9:30 of ~~!?.~~.~~Y............... , 19 ..?.~.., to testify and the truth to say in behalf of the fief-ePe-~Gffif16-Jut1y,, against .............................................................................................................. . ....................................................................... Delaney .. Allen ...Black ........................................................................... . who stands charged with and indicted for a felony H.1tsdetDea1.10t',- And this you shall not omit under penalty. And have then and there this ,vrit. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, theJJt.h. of the Commonwealth. Attorney for Rockingham County and the City of Harrison- of ............f.~.R.I!-:1.~.IY .................. , 19..J>I and in the ..J~]~Pyear ................................. ~~.~.:~.-: Commo~~~ey .................... . �cc~y (,~ 7 ,~ TO.~--~·········· I ~ PERSON. /, ,~• ' I I • • • • • • • ~. STRAWDE I • • • • • ' ..... ·/",7,J.. )7° · . . . . . . . . . . . S. R. C. By .. {'/ •.... ~. ~- ••• D.S. R. C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ·············~~~.~Y... ~1~~~ .....~....~ .......................................................................................... . --··----------------------------------------------------------------·······---------------------· ----------------··········------------------------------------------·---------------·-··------------ to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9 :30 o'clock, a. m., on the ...?.Q.~b day of .......f~~.;:~~.;:Y. ......, 19.§.~.., to testify and the truth to say in behalf of the Commonwealth -beiot-e--the- 6-Pand-.kH-y, against .............................................................................................................. . ....................................................................... P..elane.y...Al.le.n...B.l.ack........................................................................... . who stands charged with and indicted for a felony +IBsdetneaftGi•. And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the ..J}-1;.~f of the Commonwealth. Attorney for Rockingham County and the City of Harrison........f.~.1?.:r;.~.g~:r;.y ..................... , tf0}....., and in the .J.~Z~Pyear �~« ~.. ~-; ./. ...........at his usual ✓.;-, t, <I.......... s~~••• .,., ·---~ ,_,- r •...• ,~U • ••• in person,~t usu'JI p!r.-:12of cl-ioc"' his famHy above th~eacs, to her. .. 4 by deliveri to ~-..r~a:_ aid .. . -~ ........, --·- ..... . b<>ing a member of an e.<plaining the pu,part the,eof ••..(? ~ ~:ru,NI ~~~-~-. ..~ .. s. R. c. D~puty Shenff �In the Name of the Comrnonwiealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon---····-·-········-···-·--·····-·······················•·······-············································-················ ···-·······}-~.~.t~ .. ~~.~J.~.~g-·········p···J_···-·-~·························································································· -- --------------------------------········------------------------------------------------·--·· ••••••••••••••••••••• ---------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..i_Q_th day of x~J?..~-~-gl,J:Y.. ........... , 19____ 6-3,to testify and the truth to say in behalf of the Commonwealth -beioi·e-tlte- 6-F~,HH'~,- against ··-·····-····---·······--············································································-········· -········-···-············--·······-···································-· Delaney _Allen .. Black·······················--························-·······-··-············· who stands charged with and indicted for a felony-n~il'tdet1tefl.H&1>:And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the._J~_!:):lof ____ .__ X_~!?-~-~~~Y-·--·-----·----·--··-, 19_____ §} and in the t~lJ:JL of the Commonwealth. year �Executed on the/a-. of RcxtJntam, day of. µ_ ........ , Virginia, by ca~ 19t:;?,, a.de us'ual place of abode, •••••••• ../.Mj..//4 .....,o~d.~ findirajhL;t...~. there, or ahy othPr p~r 0'1 1 nr made, I left a true c:py or the cbova n-... 1 ;,._; 1 other, posted on the front door of~ in the County -/ .. ..... ~re, -~, ,-, ' and not ,~· ' - v- ~Mp~ •••• /J • • B~~---·~ ... t �In the Name of the Commonwiealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon J .Richard County, Greeting: -----------··-··········-··········-···························x:•·· Simpson - 38 W. Gay St., ······••·················-················-···-•-·•······ Harrisonburg ::-::?:::~i~:~ii:::~:~i~i~::::~::::i:~:::~~::::~ii:::ii:~::~::·~ii·i_-{~.ii·~.i.i~:.-.·.·.·.· ..-.·.-.·.·_-_-.·.-.·_-_·.·.· ..-_-.-_-_-_-.·.·_·.· to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the County, at the Court House thereof, at 9:30 f(HJL day of ..f~_P..1:'.:~.§.J'.Y.---·---·-·• 19_9_J_,to testify and the truth to say in behalf of the Commonwealth -beiot'e-4.ke-SPanff-.kwy, against -···-·-------------··-·-·-···-·-·----·-···-·-·-··-··-······-·-··-···---··-----·-······-···-······-----···-··--· --·-·--·--·------·-··---·----·-·--·-·----··--·----···------·----··-····Delaney Allen who stands charged with and indicted for a felony And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the __J}_t.tbf of the Commonwealth. ..Black···-···-··-····-·······----·---····----·-···---·-·-·-·-·-·-···------····-·-· tttiM¼etneaH<H.'. And have then and there this \Vrit. Attorney for Rockingham County and the City of Harrison- -----··--f.~_l;?_x.:~_?..X.:Y .........-·---·---··-,19___ 9-J_, and in the _JJt?.tDyear �e< ·CUTEeo1.~/rfftf"-d.IN THE C ROCKINGHAM BY DELIVER! �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon--------------------····················•···················•································································ ............Wi.11-iam ..Hisey ....~...%...Hru&kins ...Hardware. ..~.~.~ ..~ ...~~E.I.:~.~~P-1?.Y.~K ........~. to appear before the Judge of the Circuit Court of Rockingham ···-················· County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..?.Q~_bday of .f.~~I.~~I.Y. ............ , 19...f?J,to testify and the truth to say in behalf of the Commonwealth bclore -the-Gi'and-J:twy, against·······•····••·········-·························-·······•····················································· ·····················································-················ Delaney .Allen .. Black ............................................................................ . who stands charged with and indicted for a felony ffls<ienee.H&l,,. And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ..JJ.tJ:iof of the Commonwealth. ...........:f~.RJ:)J.~XY.................. , 19..6.3.., and in the ..18.7..tb year �EXECUTED(;,(.-/.J.: tJ!t-.1 THE COUNTY OF ROCKINGHAM BY DELIVER~ A TRUE COPY OF J"HE WITH!~ T~~-/.~ IN PERSON. •••• f'}·. ~- / ~2)"{~Y~..s. B~~-~~ .. ¼ ~ ....... . R. C D.S.R.C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon County, Greeting: .7'····································································································•················ V.. .............................................................................................. ·················•··- ············G·~:i;.~J.~ ... ~9:g.~}J.~................ to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth .?Q~.~day County, at the Court House thereof, at 9:30 of ....~~~E::1.~EY........... , 19...§}, to testify and the truth to say in behalf of the bef.oi·e-tke-.Gf-~iJ~;-against .............................................................................................................. . ......................................................................... De lane Y..Allen ..Black ......................................................................... . who stands charged with and indicted for a felony 'fH.is<iemeaeQ.r. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ...1:}t.Dof ........F.~J?J:;-.~~~Y ..................... , 19.J>.J, and in the ..UUJ~b year of the Commonwealth. �EXECUTED:!.-/~?.J'. IN THE COUNTY OF Ro·_:Kl!'--IGHAMBY DELIVE~G A TRUE COPY OF THE WITHIN--T0/4u-4. INF:'~)N. ~ :- ~ .......••• ~ ... ····~.~T_(~~~z?···. B.',l---<."u' .. @. ~;,#7 S. R. C. ... D.S. R. C. ~ ,, �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . (~ .....~.~.seph···N •...Mewshaw ..- ...%...starlite ..Motel , ...Route ...1/:1.,...Harriso~.b~:i;g·······~······· f-F-.... ~~.~.: ....Y..~~.~~ ... ~~.~~~·~·~·~·~·~···~···~····~·~·~~~.~~: ..~~.~.~~.!....~~~~.~ ...tt~.~ .... ~~~.~.~~.?.~.?.~~.~ .....~ -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------········------------------------------------------------·---------------------------------------------------------------------------------------------------------------------------------------------------------------------- to appear before the Judge of the Circuit Court of Rockingham -------------------------------- County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..i.o.t.bday of ......I~.RX:!J.~XY......., 19.6.'.>. .., to testify and the truth to say in behalf of the Commonwealth before -t:ke-~f'and-J.ur~, against .............................................................................................................. . ................................................................................. Delaney All en .. Black ................................................................. . who stands charged with and indicted for a felony-misdetneaB@•r. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ..J}!;.l:iof .....f~.~~YJ!~Y........................ , 19.....§}and in the .J.~l.tJ.:lyear of the Commonwealth. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham ~0-11-~r;:;;b~;~:n:isu#~ Z_ County, Greeting: ••-----------_ ••-_--_-_--_-_.-_-_.--_.--_-_-_-_-_-_-_-_-_-_-_-_-_ __ -_-_-_-_--_-_-_.-_--_--_-_.-_-___-_._-_••-_--_-_-_-_-_-_- to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the _}._Q_!=_b day of _f.~P.!~_?.-!Y.____________ , 19_~} __ , to testify and the truth to say in behalf of the Commonwealth -beiofe-the- 61-and-.Jury, against----------------------------------------------------------------------------------------------------------- Delaney Allen Black who stands charged with and indicted for a felony And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's ffl1~tneftftffl.'. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ___ ~}-~~of __________ X~~:':°-~~??X_________________ , 19___ ~}, and in the --~-~_?.~-~year of the Commonwealth. �Not flnd;ng-.-:':. ploce of abode, Execu~ rrue .... r,hf?:-Y. ~- ••••••• ....... ot h;s usuol ... ,;/ .-. /. 4".--:.1{ ./.. , . . . . . . by deHvedng o c~f~~~t'""Zfc-.1 ~L• ............ to ~~6..•.~,."'' ;n pe•s~n, ct ,o;d~y- ....• ::Af,,,,_,,_ .... . usual plcc:c of c,Sr>d:?C:?!...<:f '. .Z1-~ ......... , being a member of his family above ,hJ cg8 of 16 fe;;s, o,d explaining the purport thereof to her. ·» ... ·IJ:,,:~ .?.t1, SJRA~MAl'i . .... s. R. C. ./.,<~. .. D~puiy Sheriff �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon-·-······-··--···-····-·-····-····-··-···--·-························••·············-··-··•····--·····-······-···--·········· ···-······--f:i;.~.~~JJJ..~ ... ~.h~~.~...~ ...~~.~.t.~ ...1t.~.1...~.?.~E.~~.~~1?.~!g ....... ~ ......................................................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ?..~~-~--day of ..~~.~E~.~EY.:.....·-····• 19.~.~··• to testify and the truth to say in behalf of the Commonwealth -be.fot,e-+he-6mntl-Jui-y, against ········-·-·-------················-······-······-················-······-·-···············-·····-········--··· --------···---········-··-·-·······-········-·········-·······-········Delaney Allen .. Black·····-··················--············--·····-·····--···-·····-·--·········· who stands charged with and indicted for a felony HHsdeine&ITOC. And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, theJ}th. of the Commonwealth. Attorney for Rockingham County and the City of Harrison- of ........I~t?-~~.~.~Y .................... , 19§_} .., and in the 1§.7..~h. year �i:YECUTE'.).}-j.f ~J .. IN THE COUNTY OF F-:CC:<INCH_t--.M BY DELIVERlh,!GA TRUE ,-..;,'Ii'(, IF Ti-IE WITHlt-., ' I . p,,/ Q ~~ • -~/it:f4f.rl it'\: ;::~c.cN. ••• ·1'7 • .ffil-:-~✓,~N'! ... S. R. c. ~.&../4-3/- .... D. S. R. C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summJ?.!l ·····-·······················································································-······························· - Lewis Falls f:S. ,/ ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------- ·- --------------------------------------------------------------------------------------------- - --------------------------------------------------------------------------------------------------- to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ~.Q~.b .. day of ..f.~"!?E~~EY ..........., 19....§J to testify and the truth to say in behalf of the Commonwealth -l>eret'e+he-61'8tltt-Jury, against··············••·•···················································--····························-··········· ....................................................................... Delaney ..Allen ..Black ........................................................................... . who stands charged with and indicted for a felony And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's mi~Hle&HOt.':- And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, theJ.'.?.~.~. of .........f.~"!?.~.l:1.~.~Y .................... , 19.f>J..., and in the of the Commonwealth. l~!.~~.year �·::, ·(1 ·s ·a •~~~-· • ·:i ·d ·s ••••{/.'w~facf• "N,:;~:"'.:iNI ·········~ •••• ~--~·01. IH.11/·A3H.l :10 Ad0'.) 3m:1.1 v ~Y , ,.;3,\n~ct ::!O A.LNn 1J 3Hl. t'-11 ,,a VVV!--'.'-"'t 11~uoc1 ti~ jl'~. --i::;~_n):i)O �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ~o~~•~;::~:;:,:;::di:g•u;;on ;;;;;7·······················································.·.·.··.·.·.·.·.·.·.·.·.·.•················ to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the --~.9._!:_~ day of _r~~E-~~tl County, at the Court House thereof, at 9:30 ____________ , 19-~~---,to testify and the truth to say in behalf of the Commonweal th before -the -6Tmrd-lttry, against ________________________________________________________ -------------------------------------------------- --------------------------------------------------------------------Delaney __Allen __Black ________________________________________________ _ who stands charged with and indicted for a felony-raistieme&HttP:And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the __JJJ_~of of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- ____ _¥.~)?.:r;_~_?.!'_Y ________________________ , 19__ §)_, and in the\_@]_~~--year �Execuied on the; './'./4dcy of-~- of Rock~ngham, Virginia, ;~~~~'~: ...... , 19~cf., in the County by celling at the usual place of abode, ....... . -~; ::~~;~ c:~~ln~ made, I left a tru2 c.~;J/ of ihe c',•ovc mer •io 1 .. :'. pe:f .ns c · . .- :·' ·· -~.. other, posted on the front door cf h...,..;.,.. L' , ._,1 ,_,,~.-., ::;;: , ,odr '4••·~-~-~.!~~'!f .•D•.R·M_ J( , A... ✓4. ~ . .. . .. -~ ...... . �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Mrs. W. R. Knighting JJ. ~ ·······························································•······ ..5........................................................................................................................ . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 ?.~, to testify o'clock, a. m., on the?~.~~ .. day of ....~.~~E.~~~X ......... , 19.... and the truth to say in behalf of the Commonwealth -beiot-e-t~ 6t-and-.Jury, against .............................................................................................................. . Delaney Allen Black who stands charged with and indicted for a felony miBdetnetutoc-:And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the!}.~~ .. of .......... .f.~}?.~.~~~.Y.................. , 19.J~J, and in the .J?..?.~.J;lyear of the Commonwealth. ···························~~ Commonwealth's. Attorney ................ . �r01 • • • ••• •'· ·, fj'k ,· '/of P,/ .,; - ,_ r 1, >?'.;;i:~1G, .Ill/~ ......, 19¢:J., by cGUinJ u:- the usuo! ~:ce ...., cf~. in the County of a~~e, ......•• ~J.,1~.. and not finding hJ.~•-~ :-c, Oi' any orne-r person upon whom spfVice could be made, I le. t a tn.::.1c~.-'1/of I he cbove mentioned pop,3rs attached to eac~ other, posted on the front door of ~ usual place of abode . ......... ,\, B ; ·.1.,;.sT~I.\WftEaMA,'i ........... - -,A_,,-~~// ,d •• ~ .,••7.¾·.~ ~7- ........ . S. R. c:; . D.eputy Sheri fr �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon :L . .G1~r.~.I:l~.~ ...M.ll.I1.I1J:rig .....~.'. .....~. .................................................. .............................~~~.r..~,1~.]t()! ftd~· u j .. .................. ....::'~":".Y. .~. '.........~ . ..................................................................................................... . 9:00 to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., 011 the ~l:3.iaay of .. r~.P.I.'.ll.l:l.I'Y ·········...... the Defendant in the prosecution ............................................................ of the Commonwealth .D..~.1-.a.!1~., ... County, at the Court House thereof, at~ ' 19 f:>J,to testify and the truth to say in behalf of against ~.~.~.C.~ who stands charged with and indicted for a felony ~~oor. In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., at the Court House thereof, this, the . ~Qt.Qlay oL .......F..Ell:>f1.lJiJ7 . .......... , 19.....?} and in the .. .1-~7 ......year of the Commonwealth. 1 1!,. �E .ECUTEDP~\·l.~-~r 11I TH': COU 'TY 1GH, i [. '.. I .,... A R CKI COP OF TH': ' I, '--l't' .-ii ~✓-~- .... Ji.2.A.,J,Q_ .Rif _,. ..... .... ••~ a . 1: Jk~Jh_.__ ;:-:i j :if~ ••• : /j ___ • ...•...~.; �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon-------------------------------------------------------------------------------------------------------------------------- ____ g_~~-~~-~E-----~-~---~-:----~~-~-~~-~-~----------------~-----···------------------------------------------------·-----------·-------------- to appear before the Judge of the Circuit Court of Rockingham -------------------- County, at the Court House thereof, at 9 :30 o'clock, a. m., on the ~Q~_b__day of ___ x~~£~-~?;'_Y._________ , 19_§}__ , to testify and the truth to say in behalf of the Commonwealth -befflt'e--tk-e-6:rantl-.Jury,against ------------------------------------------------------------------------------------------------------------ _______________________________________________________________________ Delan_ey _Allen __Black ________________________________________________________________________ _ who stands charged with and indicted for a felony HH.sdeineaHOr. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ___!_~-~!:bf _____ J_~~-~~~~y _______________________ , 19 ___ ~}, and in the !~!'..~~-- year of the Commonwealth. L· ·---------~~--~-----~---------------------------------·~ Commonwealth's. Attorney �F~~,..~TFDi-:-/?-.{!.fN T~E COUNTY OF ROC' lt\JGH,\M BY DELIV~G A TRUE COPY OF THE WITHIN~~ TO.~~L IN PERSON. .. ~~ A. L. STRAWDERMAN • , • • • • • • . • . . . . . . . . . . . . . .... S. R. C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham y OU ace heceby commanded to summon County, Greeting: X·· ...,.............. .......... ... .......... ..ci.::rr~nq.~ ...ll~@~tl&. . ................ ........................................................... G...r.~J..q ...R9Y....................................................................................................... . 9:00 to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at~JJOC o'clock, a. m., on the. ,~El.1tJay oL ....Fe ...l~IU'Y. ................... , 19.Jd, the Defendant in the prosecution of the Commonwealth against to testify and the truth to say in behalf of ......................................................................................... . ...................................................................P.~:L_ El.!J: ...Y.. ..~~ ~~-~ ..................................................................................................... .. who stands charged with and indicted for a felony ~uK!.nor. In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the . 2.0.tbiay of the Commonwealth. 6.Jand of... ........r.'e.P.r.V.~.:r,Y ............... , 19..... County, Va., in the .. :1J7. .......year �II �COMMONWEALTH v. DELANEY BLACK INSTRUCTION NO. ft The Court to the grade resolve instructs of offense the jury that if you have a reasonable of which the prisoner that doubt in his favor, trate if you have reasonable first degree degree. or the second slaughter, degree and find him guilty doubt as to whether degree, If you have reasonable in the second resolve he is guilty doubt as to whether or manslaughter, that doubt in favor you should that you shall of the lower you should find him guilty and if you have a reasonable aU; you must may be guilty, doubt as grade; of murder of murder find him guilty of the accused in the in the second he is guilty doubt as to whether to illus- of man- he be guilty and acquit him. at ��COMMONWEALTH v. BLACK INSTRUCTION / The Court instructs is any wilful, by another deliberate the jury that and premeditated murder in the first killing degree of one human being with malice. Murder in the second degree human being by another with malice, is the wilful but without tentional human reasonable of one any deliberation premeditation. slaughter killing and ��COMMONWEALTH V. BLACK INSTRUCTIONL The Court constitute the crime The word "malice" a technical sense, but every unlawful ill will denote with instructs the jury that of murder may be either in the foregoing and includes motive. an evil flowing with indication of a heart bent on mischief; therefore and cruel and wrongful such circumstances plain deliberate persons, regardless malice act against another and revenge, but is intended intention, as to carry of social is implied is used in is not confined from any wicked and corrupt mind and purpose has been attended hatred It to or implied. of murder not only anger, and unjustifiable necessary express definitions to any one or more particular an action malice motive, to to done where the act in them the duty and deliberately by law from any wilful, however sudden. ��COMMONWEALTH V. BLACK INSTRUCTION _5 The Court Virginia is presumed to elevate proof instructs the offense the jury that the accused. unlawful homicide in law to be murder in the second degree. to murder in the first is on the Commonwealth; and in order manslaughter, every or to show a justification degree, to reduce or excuse, the burden the offense the burden in In order of to is upon ��COMMONWEALTH v. BLACK INSTRUCTION_i_ The Court deliberate intention prior the jury and premeditated to kill to the actual deliberation instructs should killing, exist killing; at the time of the killing it to constitute is not necessary for any particular it and premeditation that is only necessary length that given by the accused or at any time previously. a wilful, that the of time there was some to his purpose ��COMMONWEALTH v. DELANEY BLACK INSTRUCTION The Court instructs cent of the crime the accused accused has denied the Commonwealth prove I a reasonable you must of the indictment reasonable doubt. The accused if, after I the and has put upon of the crime on the Commonwealth, and, follows By his plea of "not guilty" element trial. to be inno- that this presumption every doubt of the accused accused of innocence but it is an essential give the defendant You are further must every is presumed charged does not shift but is under no requirement to considering the evidence you s guilt, you must give him the of such doubt and find him not guilty. you at pleasure guilty of proving his innocence, This presumption convict allegation as so imposed the entire and, of the trial. essential s guilt beyond or establish benefit stage the burden throughout entertain every every This burden, remains the jury that the accused with which he is charged, throughout and the accused NO. committed the crime than not guilty, be proved x/✓, form to be disregarded part of the law of the land, with which he is charged, if you feel that he is probably that there the conviction remains by and of such presumption. that while you may be suspicious but to warrant so clearly tent with the evidence and binding the full benefit instructed nor is it sufficient is not a mere this is not sufficient guilty or more of this accused, not one reasonable upon which he can be innocent. that the to likely his guilt theory consis- �:.., :... :.. ::_ �If a set of facts more reasonable to the innocence pointing or circumstances interpretations, of the accused, should be susceptible any one of which interpretations the jury must to his innocence. -2- accept to two or points that interpretation ��COMMONWEALTH v. DELANEY BLACK INSTRUCTION The Court instructs degree the evidence doubt, that the prisoner malice, and desperate a willful, other words, understood wickedness would probably in the first occasion degree. prove, beyond to the killing must doubt whether result her death, in have distinctly have also reflected or do her of which would be death. he had willed, or do her some by have been of the defendant; must to do; he must any reasonable of the deceased but such killing the defendant in the first that he would kill the deceased, the probable to kill the deceased murder act on the part and intended injury be a reasonable meditated of heart; of the killing and premeditated bodily and distinctly and premeditated what he willed serious if there clearly was not only incited at the time and deliberated some the jury that to constitute must deliberate, C NO. serious deliberated bodily And and pre- injury they ought not to find him guilty which of murder �....} . .&. �COMMONWEALTH v. BLACK INSTRUCTION_l_ The Court be convicted evidence reasonable charged right connected doubt with other instructs the defendant evidence from such circumstantial other have been proved evidence evidence, of the crime alleged upon circumstantial with that the jury against in this upon circumstantial coupled with other believe that the guilt doubt. beyond a the person so him in the indictment; case that they have the evidence evidence, or from such circumstantial believe beyond reasonable with crime may or upon circumstantial evidence, the jury evidence evidence, one charged alone, if from such circumstantial the court to convict connected the jury upon circumstantial is guilty therefore, instructs alone, if or the jury evidence of the defendant to ��COMMONWEALTH v. DELANEY BLACK INSTRUCTION The jury always be scanned guilty, unless are further with great in a fair the guilt of the accused believe from reasonable caution, doubt, and can never proved mind a moral all reasonable has been made then the accused should justify evidence doubt, be acquitted. of the jury essential out and established of and tend- conviction and unless circumstance must a verdict are of such a character that each and every of the accused 0 that circumstantial and unprejudiced beyond the evidence the conviction instructed the circumstances ency as to produce NO. beyond to a ��COMMONWEALTH v. BLACK INSTRUCTION 9 The Court instructs with a deadly weapon, the jury in the previous without any, or upon very slight wilful, deliberate accused the necessity and premeditated of proving that a mortal possession provocation, killing, extenuating wound given of the slayer, is, prima facie, and throws upon the circumstances. ��COMMONWEALTH V. BLACK INSTRUCTION/~ In considering burden of proving the Court founded the guilt instructs "reasonable" on reason, for the every imaginable, case, therefrom. you should A reasonable say that conceivable its or possible including The jury the natural cannot the jury should of evidence, from conflicting essential concerning to the proof immaterial If, evidence, after a rmsonable If, hand, sideration of all the evidence conviction of the truth reasonable doubt. the at the trial to create to be drawn doubt, nor of guilt. in mind that any doubt arising or from questionable of a material fact and not a mere doubt circumstances. of the guilt to meet its beyond of the charge, inferences of the accused in such a state Commonwealth has failed on the other bear and honest belief or possible guilty presented inferences be a doubt and non-essential a convinced of the proof testimony should of the guilt your minds are left from reaching imaginable go beyond such evidence fact, the word is a doubt which is and reasonable Furthermore, of any particular with to the evidence to find proof doubt doubt, doubt. upon the sufficiency consideration not overlook a man must be proved can you go beyond such evidence from lack beyond reasonable and is not to be confused law does not must limit of this that meaning. In passing jury or not the Commonwealth has met its of the accused the jury nor its doubt, whether consideration of doubt of all of the as to prevent of the accused, then you the burden. after an impartial in the case, of the charge, and reasonable con- you have an abiding you are then satisfied beyond all ��COMMONWEALTH v. BLACK INSTRUCTION/ / The Court is a question witnesses apparent the witnesses witnesses result of their which witnesses their or lack they if any, are more worthy of witnesses apparent candor and from all the jury of credit and to give and fairness, the opportunity the·relationship the interest of the the reasonableness of intelligence, speak, on the trial, of any such testimony the credibility and from the appearance their if any appear, appearing that manner of testifying, testimony, to know whereof of the trial, the jury for the jury; intelligence to the parties, circumstances weight exclusively on the stand, and consistency their instructs of the of the witness other in the surrounding has the right to determine and what is the relative credit of accordingly. ��COMMONWEALTH v. DELANEY BLACK INSTRUCTION The Court the grade instructs of offense or the second degree, the jury that if you have a reasonable of which the prisoner that doubt in his favor, you have reasonable NO. may be guilty, and find him guilty doubt as to whether of the lower he is guilty you should find him guilty doubt as to that you shall resolve grade; to illustrate, if of murder in the first degree in the second degree. �- :::, _.,_, ,l. J �COMMONWEALTH v. DELANEY BLACK INSTRUCTION The Court instructs the jury that upon the trial by a jury the law contemplates a concurrence clusion of guilt before respect to the guilt of the accused, degree after a conviction of the crime. having with his fellow jurors, the guilt of the accused, jury entertain degree. discuss The jury are further the evidence with open minds and, convictions in a spirit to give careful if it can be done without upon a verdict. in the con- with respect member to the and after a reasonable con- doubt as to it as to the guilt or innocence simply because the rest of the or as to the that it is the duty of the jurors of fairness consideration sacrifice with of the jury, as to the guilt or innocence instructed case of the guilt of the accused, his own convictions of guilt, minds in this case, entertain or as to the degree or as to the degree different true if any individual should of a criminal Not only is this true but is likewise all the evidence sultation is his duty not to surrender of twelve can be had. Therefore, duly considered of the accused, NO. and candor with each other, to the views of conscientious of their convictions, to and fellows, agree �s �COMMONWEALTH v. BLACK INSTRUCTION / The Court consideration, testify in this instructs in any manner, case. c/ the jury that you cannot the that the defendant fact take into did not ��COMMONWEALTH v. BLACK INSTRUCTION/ The Court on trial instructs for an offense, purpose of provi:g that offers time when the offense called an alibi. further it, upon the defense instructs considered, doubt but by such evidence, create and leave as to the guilt defense evidence facie where and such defense that case and the accused is upon him to prove of the when the whole evidence in the minds of the jury of the accused. is in law where the nor by a preponderance as will, who is for the at the place the burden doubt, where a person the jury a prima of alibi, not beyond a reasonable evidence, in his was committed, Commonwealth has established relies that, he was not present at the The Court the jury {~ a reasonable is �,, �VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY COMMONWEALTH ) ) V BILL OF PARTICULARS ) ) DELANEYALLENBLACK) In compliance Circuit with the order of the Judge of the Court of Rockingham County entered case now pending 1. in said The commission 14, 1962, at approximately 2. Court, in the above captioned the Commonwealth says as follows: of the crime occurred 7 o'clock That the type of shells on September p.m.; used were .22 shorts. ~Commomreal.ttisAttorney I hereby particulars accused, was mailed FEB l 5 ~9G3 ATTORNEY R. SIPE AT LAW HARRISONBURG, VA. that a copy of the above bill to Donald D. Litten, on the 15th day of February, Filedin t JAMES certify 1963. Counsel of for the ��Comp. Form 18 l STATE OF VIRGINIA ~ OF Harrisonburg No._____ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: James R. Sipe, Whereas, Common1eal hs Attorney John G. Leake has this day made complaint and information on oath before me, --------------------- Justice of The Peace City of the said (Title) Delaney did on the __ ~_th__ kill day of~_____ and murder one Louise Common ealth Allen <Name) xloJ:InW, tha~--------------- Bl.ack Se~p_t_e_m_b_0_r _____ Vir,s.Lnia Black, ______ , 19~: ao:ainst Unlawfully __ R.ocki ngha-rn. in tlm:xatcl:: County a_n_d_::_:--e_l_o_n_i_o_u_s_l~y_ the r.ieace and dig ,ity of the of Virr;:i.nia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rocking'iam County Court of tl:rocKatd,County, the body (~ of the above accused, to answer the said complaint and to be furthP.r dealt with according to law. And you are also directed to summon: color Address ---------------□ color ____ Address --□ color ____ Address .o color Address ---□ color ____ Address ---------------□ as witnesses. Given under my hand and seal, this __ l_5_t_h __ day of_____ S_e_p_t_e°"ITD_e_r ______ ¥.~..~ ___, (Seal) �STATE OF VIRGINIA-COUNTY I, ________________ ~ to-wit: OF _________________ _ Judge of the County Court a Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that and --------------------------~ to the Commonwealth ($,________ as his suret.-----, of Virginia ·' themselves indebted have this day each acknowledged in the sum of------------------·---------------~--- Dollars ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: That the saiu....______________ lands, and tenements _ ----, Circuit County shall appear before the County, on the _________ of--------------~------- to the use of the Commonwealth day of ______________ to Court 19___ ~ , at -------• M., at ----------------,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said --------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ day of _______________ _ days ,19 ___ Judge. J. P. \ () 0 < c+ c:+ 1-:l 'i (D f-'•~~~ ~ U) ;. .., c::: (D (1) (jq (D 1-1) c.-::,- 0 ~ ~ - 0 ~ 11> o' . g_g. Of-'•l--' 0 0 ~ t,:j > ., ::s t"' U) §. ~ ;:, 'i 0 z I-' ::0 I-' :;ti (0 t71 (1) 'D 0 'i == s: IJ?::i,. ::,- c+ 0 "Ij 8., ::s () p., n z o· ::, (D ...,. 1-1) t::l ::0 (\) >I-' ti) >-3 ::s (D <-<:0 ~ ...,. ?;"' :;ti 3 5· f-'• f--' >- (1) >4 .., CO Hl !:cJ(l) ~ (1) C f-'• 17 ~o ..... (1) s::::s 'i c+ (,~ 0 ~ 1;;::, ::i 'i (D I-'• p 1-1) o' Ill !:l CD (1) 0 p. ::i f-'• p, ::i c.., I).) OQ "<l < n 'O <>o 'i f-'• Q p., t (1) ?>-3 :x: <t 0 n ::,- ,;;;- .., llO Cll s:: ::s ::s () 4 rr .. "<l ~ IJQ _n> ..... co ::t> (0 ::, Q. ~ 'Il 5· (1) (1) OQ. ::,- ;;i @. >-:I 0 @. 0 ~ 5· OQ 'Il (1) (1) 0 r:,, ::,... "' ~ p 0 !3 !3 0 p ~ (1) e. s- g if OQ (1) ~ 'Il ~ ----~ S€' ~ i;;; (;l ;. e. Q (1) ... :,,- tJ:I ~ >-:I ::!. e. ~ < p '< ... 0..... ~5· 't:I _F" f:' ~ 0.. ., 0.. .i g O<i (1) F' p ., ~ .,(1) ~ (1) ., 0 ., 5· 'O ~ g- 16 ., ... -- g o' ... 0 ~ 8 ... p (1) (1) i r '< ;! (1) r 8 r:,, ~ 0 0 f ::;· 5· .;i ~- OQ 8 g p ..,. ~- s a ~ ~... ... !;l - ... 0 ,... 'D '0 "' l ... "' (1) ,.., (1) ~ f:' p 9 ~ p .;· 11> 0.. ��p ~ UN SFP14 1962 _.........._ ~"""" I // ~,..,,;;..; - - ----+----'- --~~~~-~- -~ - ----~/)_~ 5;/t? 7 ~" 0.' /j_LA1 :£') • / f:/! ~ ~ .sj;I~ /:2- )-IJ ?l, I 7 P ~ /? /3 /3 t? /tJ' / a p/~ ~ fa ., -1-~~ ti I ~~- I :1:i . ' -~-+-:-------'""--'~ J c I /\fl l • 7 // //} _ I - If I/ / I&7 /~ /J.. , • ef- /J / 4✓ --- _ /tf /' __ --~ AL-4---µ~ 1 -r -----i: .._- I 3_t S t« _k; ~ ~ Lj ~ _ 1 , 6.,___ ~. --- I~~ / 3_o/~ _/ <j-t)~ ~~~ j_!f_l_~~~'-- -~ • -- I !.( __ 11·/# l j b~ -- -- _( 1 _ ---ti -- ~ I}._ • ). 1- - I ----,;- . • _/</,G. 1--f 1 - 11 ~ I -➔ ~:-l....:,....--t - ~ LL_t./l, ~~ J ~ ~3~_____,___ 7 A-:: - -;i_ - - -- I IU--~ -· ~Lvr~~~~-1 .,,._W=tJ-4 _} . -- =--II-~ '-- I - /5/ I -~~~ ~3 ~ ~9 lj -Fn~~~ r• •'-- , -:1 -t - -t- ~IJ~~ �--........... Rt, I Harri sartbutc .wnttss ---- liocking}waCga, c.., LJ~---------------- OFDEATB:lllprieaaO 53'1(111:iea, Unuaaal -pened Sudden in apparent : InstaoblaNwa1widlQut oln,ioua caU1e Unattfflded by a ph w· After uocxplained eoaa After •oed n111idh fatalil1nea Ulf-M.lft __ or Unnatural V ca nhnnlH Jl,o.u: ile ...,... Mft LUIUI ot Ha.r. OIIOIIIUOP • • IIAlM ~a. Q.01'HID • _______ IIID ...-r______ O PWtl.l: ..,a, _ __. __ te • • • - ... WCLOTta □ PM11.Youmm, a HNII bnmet IIOUn4 ~ , _,__ __ LACDIATION □ I20 WIICINT G n hot !JtlTNUllON: L.181 \ICALI' o rAC«a 0 a~ o Mt:« D Ml>OM°Hi,!!P' 0 Lal cold - PL) O fMCTUIII IDQTl4 HIAT: .... , COIITUIIOND ITM alJNIHOT Xl NCIIIIJ O WIClt lYDr Clllr~ITG. TffL. («IUUOI',-, !ION ,aT.._ IMS , FATAL WOUNDS: 7a:r'lt of hone of Ha hazn .. ss 0 oe•'""' b&Cj{ 2 ,'ot!m ...s I left I .1.11 le.,, t sid1;; of 1eck 2 _r, • lt. _ r left che t see . art (Cl1rd, 011e only DISPOSITION OF CASE: H • 'd r;.- l. ·, 'ot a me ical examiner cue O ~ om1c1 c 1,l 2 A ut op y autL• -"' 1a,nzi::u N·1tural O U11k.10wnO P ncli g O By· ~D .... r_,,_...Q'--.u...---L.&1.1.~~-~..-..Patho I hereb" declare that after rettiving notice of the death de,cribed hem I took char c of the body the cause of death in accord 'th S«tio 19.1-42, Ti 19 of he 1950 Cocl Vu contained herein regarding uch death i5 true and correct to t c b t of m~owledgc • Manner of death: Accl.<l"ilt O Probohu naue of death. Hemathorc 'i:i. h&.m ,.1ic 1 ~ill.lll due to •ur sl,o untls 9- + <::X ~ °""" Ml" smer · de O 1 iRnl-'dll •~o1 ... Chiit - _b.:t:; --,..t-...:w".,IL.-.!:_..111,"'2::~ ~- s· -·~,...._ __ -------- IEP2119R" a------r• AC PY TESTE: CIG - . l Med1ciii"iiam1'"n ..... er.-,-- - -~ 254t. l El ��d fl,, r7 a,,_~ ~ ~- r /4 j ~ /4{,, ~ ?71 ~~~~~~- ~ ~ ;?O ~~ <7 �-- �COMMONWEALTH v. BLACK CHARGE TO JURY If you find as charged malice in the indictment, aforethought, you will the accused, punishment at death, for any term not less If you find and that not wilful, and that and that find him guilty it or by confinement with malice aforethought, If you find and premeditated, malice voluntary penitentiary provocation, manslaughter actual find he killed or implied, combat, Louise him guilty you will of in the years. degree, nor Virginia upon sudden heat, Black on find him guilty at confinement than one nor more than five you will it was at confinement of murder in the first and fix his punishment him not guilty, but that nor more than twenty but that or in mutual for not less If you find five him not guilty aforethought, or in the indictment, then you will and fix his punishment of murder in the second degree, for life, years. the same was committed than with and fix his in the penitentiary as charged for not less of murder, and premeditated, degree of murder, deliberate guilty deliberate him guilty penitentiary reasonable was wilful, than twenty Black, the murder was committed of murder in the first murder in the second degree, without Delaney Allen in the years. say so and no more. of ��COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The Circuit Court of Rockingham County, The Grand Jurors December Term, 1962 of the Commonwealth of Virginia, and for the body of the County of Rockingham, Circuit Court of the said County, upon their now attending oaths Delaney Allen Black on the 14th day cf September, County of Rockingham, one Louise Virginia Virginia, Black, feloniously against in present the that 1962, in the did kill and murder the peace and dignity of the Commonwealth of Virginia. Upon the evidence of Joseph G. M. Wilcox and Deputy Sheriff open court and sent N. Mewshaw, Deputy Sheriff T. L. Martin, to the Grand Jury witnesses to give evidence. swom in �murder Attorney COMMONWEALTH v. BLACK James R. Sipe Commonwealth's �~ .OOT 1 20 .4 0 1 5 0 - .5 0 1 .0 0 4 .60 S 150 6 .1 O S 5 .2 0 T 1 1 .3 0 �\~ ( ,, �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ........... Dr.~···g·~···g·~····?':'_~~.?..'::~ ....-:...g!~.;.~~.~.~ ..~ ...Y.<?:.~ .... ································· --·- to appear before the Judge of the Circuit Court of Rockingham ......................... . County, at the Court House thereof, at 9 :30 o'clock, a. m., on the .~.Q~.h.day of f.~!?.I.~9:?;°.Y ............. , 19 ...9.J,to testify and the truth to say in behalf of the Commonwealth .•................................... .eeleiae-Qie--Gi'ft.ae-lH~ Delaney .. Al len -against .............................................................................................................. . ... B lack···········································••····•···············••····••··········•·····•·········••········ who stands charged with and indicted for a felony ffl.isfteIBeatl-ell.And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the.JJ.t.h of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- of ..........f.~P..r.~~:t!'.:Y ..................., 19.6.3..., and in the J.8.1.tb.year ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon-------------------------------------------------------------------------------------------------------------------------·----------~!_-~---~-~---~-~---;~~~-~E---~---q~~!-~~~-~-~---y_~~---··----------------·---------------------·-·------··-·---------·-------------- to appear before the Judge of the Circuit Court of Rockingham --------------------· County, at the Court House thereof, at 9:30 o'clock, a. m., on the -~___ fJ~_day of ¥.~------~~;-_--------------, 19__ 9..J_, to testify and the truth to say in behalf of the Commonweal th trefm-e-t+te-<n-am+-:J nry;-"t'lgainst ________________________________________________________________________ --------___ ----------------------- Delan y Allen Blacl· who stands charged with and indicted for a felony misdemeanor. And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the_J~_; __ ._of _________ _f~_/?. ______ ~__ :y____________________ , 19_6_3__ , and in the of the Commonwealth. l -1_• year ��In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded of Rockingham County, Greeting: to summon----------------------------------------------------------------------------------------------------------------------------- Deputy Sheriff G. M. Wilcox --- ------ -------------------------------------------------------------------------------------···------------------------------------------------------------·-------------Deputy Sheriff T. L. Martin Joseph N. Mewshaw - % Starlite Motel, Route #1, Harrisonburg, to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth _!}~-~-day --------------------- Va. County, at the Court House thereof, at 9:30 of P.~~~-~~~E _____________ , 19 __~}-, to testify and the truth to say in behalf of the before the Grand Jury, against--------------------------------------------------------------------------------------------------------------- ________________________________________________________________ Delaney __ Allen __ Black ____________________________________________ _ who stands charged with ftJtd.indtcted-for a felony And this you shall not omit under penalty. Witness, burg, Virginia, JAMES R. SIPE, Commonwealth's at the Court House, the_J}tb of the Commonwealth. IHisftent@atl6P. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- of __________ :p_~~-~.!!!!:?_~_-;: ___________________ , 19 __§.i __, and in the _gr?_~~ year �r U ·1 - A o«7:"~k-r.-*, I'~~~•••••••••••• ., • . ... -~ .. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ......... County, Greeting: J)!..•...9 • . Q-• '1:1El!}!l~I.' ..................................................................... . ·········•'········· ···················································•························•····•········•·················•··························•·························································· • • • • 0 • J•• o • • • • 0 • • • • • • o •••~••I•• o ••••••I•• o • • • • • • 0 • • • • • • • o • • • • 0 • • • • 0 • • • • 0 • • o • o • 0 • • o •I••!•••• 0 • • • • 0 ••••I•• I ............................................................................................................ to appear before the Judge of the Circuit 0 • • • • 0 • • • • o • • • • o • • o • 0 • • • • 0 • • • • o • • • • o • • • • 0 ••••••I•••• 0 • • o • • • • • o • • • o • • • • • o o • • • • o, • • • • o o • o o o I• o •, o, •, • • • • • o I, . Court of Rockingham ........ 1........... ... , 19.. o'clock, a. m., on th the Defendant in the prosecution 0 •I• of the Commonwealth County, at the Court House thereof, at 9 :30 , to testify and the truith to say in behalf of against who stands charged with and indicted for a felony In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the 1 of the Commonwealth. ....day of ................... ~.~., ................ , 19....J, and in the.~· County, Va., .:1. .......... year �.... in my bailiwick By. •••••• ,~1~,-~.... '' not fr-und Sheriff . .-.-..,. R C. • ~ • • • • • . . • . • . . . . . Deputy Sheri ff . ---- 7r.J.-../.7...... :~:.. , 19 ~?.. a. .-.-~Deputy v �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: I You are hereby commanded to summon ..... .......O.t9qJ.l.. .. J~q.lr~,91'.l ... ........................................................................... . Isaac Eckard ................................................................................................................................................................................................. ·;;....;:::.il_'~ t l to appear before the Judge of the Circuit o'clock, a. m., on the Z.Qt~ay the Defendant oL ..... in the prosecution ......................................................... ..... Court of Rockingham . ...... .... ,,dC't~.r. at the Court House thereof, at 9 :30 .....'I'.... rY.a ........... .... , 19 63 , to testify and the tmth to say in behalf of of the Commonwealth l County, against ........................................................................................ .. Y .....l ...Q.k ........... ............................................................................................ .. who stands charged with and indicted for a felony llm.Dm In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the.13.thday of the Commonwealth. of ............ .. ...'b.r.v.a.. , ........, 19 . 63, and County, Va., in the ...187.t. ...year �'E/r:u~-;,,!S:-_~ R"''"' , I ' • • •••••• IN THE COUNTY OF ..... ~. " , ,rv'I B ( DELIVERI A TRUE c-~-p?.-JT" ,,.. '/~/f7H. -- "'~ :r· ' .. , ~z- .0, .. . ..,, • ,. r~..,_J - •• £••~-;-;--· A.·t:..· S. R. C. 8~ Executed on the 11 -.-., . D. S. R. c_ · . day of.~ .••••• , {r_, In of Rockingham, Virginia, by callin at the usual place of abode, •• :.-.:•:•~~;;; .e~-~- .....••.••••.....•.. , of.. ~·anctnm findir:ig h ~ there, or any other person upon whom s rvice could be made, I left a true cojJy of the abovfl mentioned _papers attached to each other. P.9-Sted9..!1!~ fron! door o ~ • µsual pla~ of obod~ ~_.,; ,., • • n::•. S•R. 0. puty Sheriff �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ... ..J.?.~ to appear before the Judge of the Circuit o'clock, a. m., on the?9.~l:l.day County, Greeting: ~.~ll'lJ;)f3.()~.J9.~~Y. ..gli.t> ....90..•JL.~.d.. ............................... . Court of Rockingham of ....... :Ei'.8.9.:r;'ll.S...r.Y.., ............ , the Defendant in the prosecution of the Commonwealth County, at the Court House thereof, at 9 :30 1993 , to testify and the trnth to say in behalf of against ..................................................... p .~~..~. ~.Y..J3..l.~~ ~ ....................................................................................................... . who stands charged with and indicted for a felony In witness whereof I hereunto ~ set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., at the Court House thereof, this, the 12.th ..day of .........Fehr.uar.y,, ..........., 19..63, and in the.187th of the Commonwealth. ,---~··"'···· .~ ... ~..,,,, ....year ..CC'.'.. • Cle,k �~//_;l/i".f EkECUTEd1//..J/?.:f Ro,:;~ ~ f'.G0-M"""s\;, ••. I w, co.~ I 4 ....... ~y .•. DELI THE C UNTY OF G A TRUE ......... ,<ffe.~,;;;IC-C-Vbv -,·~. ✓ • • • • • • • S. R. C. 7_,,/;:;y !1 I THE COUNTY Of '.::LIVE ING A TRUE �... :.~~~. ~-............. By •• :/:.~.~ ....... . D... ,.. C ��r"' I/ place of abode, Execut~ F . t rue copy of th 1s~ . . -~ £r- ~ •.••••.. . , /~/~ • .,,.,.,. .,,, •••..••• Not finding ......... ~ ~- ?- :.,,/ . . by delivering ....................•••.. > __ ..,,.;;,¢., , ,o .............. in person, a\s :,-l a J. ... ~ ~,/ ,&._ . rv. .~ • • ••••••••• >t' •••••• ~~~ ~~~✓-~ .... ,theheingpurport a member of thereof usual piece of r.h d fa.o/. . his frimi ly above t 1- r-:;e of 16 years, u, ,d explaining to .____ • 0 . ot his usual �EXECUTED ?·:f-l_-!_ . IN THE COUNTY 0~ ROCKINGHAM BY DELIVEJING A TRUE COPY OF THE ~HIN~f~~-~ To!i'~ll:~ t' I - t1' IN dsoN. ---• ... . ............. .... ·! );}~Yi!j;}fl:~. .... S. R. C. ll ("o/- ... D. S. R. C • .•..... •. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .Jo.seph..Me:w.shaw J.c/o ..S.t.arlight .Mo.tell.; ........................... . Mr..s•....V.1.ola ...Funkhou.se.r ..; ...Gle.n ...Wi.lc.ox.,....De.p.ut.y.. She.ri.f.f.; ....T.......L •...M.ar.t.in., ...D.e:put.y....... '3her1.f.f.; ...A......L .....S.tr.awde.rman., ....S.he.r.1.f.f.;....G~.o.rg.e...R......P.r.i.c.e.,....De.p.uty ...She.r.1.f.f.;................ . ~a.~:r.f3.I?...A.~ ....~.P..~.~·~·~·r..~ ....P..~.P..1?-.~Y ...~.~f3.r..~.f..i'~ ....~~~.~.1?-.E1 ...r.t.~.~.~.l;?-.~.e.., ..... 9~~.~_t: ....<>.-f.. ..R<:>~.~.~.~.t .................... . ~.~ ....~.~ ....~~~.~.~..~ ...P.(,.P.~.t.Y. ...~.~~.r..1.tf..~ .... W..~.~~.1-.8:~ ...~~.&..e:.Y. ....(..c/<:> ...~.8..\.1~.1.11:s ....~8..r.'.~~.8:~~.) ..~ ....~.~ .......... . l?:r..~ ....g.•...<1..~ ....'.1'.~.f3.r. ...{C1.:r.?.~.~.?.~.~.,. ...Y.~. ~.)..;..................................................................... ·•.............................................. . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9 :30 o'clock, a. m., on thgQ:t.r:i ..day oL .. . F.~.q.r:u.a.:r.Y.1 ................ , 19..€>3., to testify and the tmth to say in behalf of ' the Defendant in the prosecution of the Commonwealth against ......................................................................................... . ·····•···· ..····..··..····.................................. P.~.~.8:!.1~Y. ...!:3~.8:.~~ ................................................................................................................ .. who stands charged with and indicted for a felony In witness whereof I hereunto ~~X set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., at the Court House thereof, this, the ..71:;_ll .day oL ..............F~.P.r..µ.a.cy.,. ....., 199.3., and in the ...l~.J.'1;.11 ...year 4:__ --__~_~y ____________ --, Cleek of the Commonwealth_ =4 __ �rw:ruT~f)j-f.'zj ROC!(I 1r:,t,M .. I, THE COUNTY or BY ['C:U~ING A TRU CY'Y OF THE \.AIITI-.~~~ · · · · · Toz;f.h~ iN PERSON. . B · ............... . . A. L STRAWDERMAN .. S. R. C. . ... .. ' ········· ~ . . ~. &/x. .... ~• '%,_ r~q=r:uTr-o.1-:-f-{.( ••,. ,,··1G-, -tJM B( I \ f ••..1-..... , S. R. C. IN THE COUNTY or: L v-R G A: TRU F<;:-ur.--'.) J-.f-.~ l.. I'.! T !!: ,ou y ry: Re;:· INC..,,-/\,~ BY o;:. I 1 z::~i1. A TRUE COPY C; T {E WITHlf'J.,,,-j~;..,;:::; ef.v; TO ~&IN PERSQr. .' .--~.,·.;r----.z..-c. ....·A !-:~-~F½"YP.E.~ fyi~f. . . S. R. C. .. D. S. R. C. By-<.;!.,~.-.~!/~ 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/. Title A name given to the resource Commonwealth v Delaney Allen Black Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder (note: autopsy report) Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1963 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_021_006 Black https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_008_commonwealth-v-dennis-propst.pdf a050cd114d30b4f61632e59b861ad715 PDF Text Text ·, . ,o-sT _l\_ ~ ' DENNI.., ��DPW-5599 PR"-TR L R'PORT com TY nr.·p R ., T OF p BLIC ¥ LF ROCKING Augu a, t 15, 1961 Dennis Propst : Address: P rents: v n Propst F rne Pro st Route 1 Bridgewator,Va. ddress: Route 1 Brid ew ter, Vir • ia 15, born 8-21-45 onald Litten ttorne: Trial Date: 8-15-61 This r oort, as ord r d by th Court, • be ng m de to help deter in t ·s juYen"le should be tri d as a juvenile or as an adult. whether Pre ent Proble·m: mis Propst b the off'c r of Dridgewat r, that II nn's Propst on the 13th day of July, 1961, know one Betsy hhetz 1, a ruinor fenalo oh1ld, to-wit: the a e of 11 y ar , in violat·on of ·section 18.l-Ll1 of the Code of Virginia against the c and di.gnity of the Commnwealth of Virginia. 11 ·,.,,_ilar char as wer de against Donnie ndrews and Jer Craun. nother boy, Bobby 'eale, was ·nvolved, b t is charve was r duced to contr·but-:ing to the delinee the warrant f1led aga nst E. E. Harr· on, stating did ravish and carnally quency of a minor. Pr vious Problems: As tar as we know, Dennis Propst ha not b en bef or ourt before. rhe only dif ·culty that we understand Dennis has had has b .... en in r e;ard to school. It has not bean a ttor of attend nee, but his behavior in school has not ba n as t should have b en. 1th~ h Dannis has never gott n into any trouble over sex or theft, he ·ct admit that heh shad relat ons with a number of ot r girl around • s eneral co uunity. Statem nt and React'on: Dennis adm'ttad tnat on ten· ht of July 13, 1961, e h·d r lat'ons with bby Neale was the one who had f' r t known the Whetzel a"rl when he had beon working at construct·on work near Betsy's ho . Un this part· cular night, Dennis and Bobby Neale were to ether at the lawn art at Bridgewater. hey . t Bots and asked er if she wanted to go _or a r'd. Betsy consented to do so, t after they rode a short distance fro~ th carn·val grounds, Betsy as afra"d to hav anyth:ng to do with the boys because t was not ark enou h. Dennis stat d that th y then returned Bets" etz 1. to the lawn D nnis said that arty and later 'n the ven'ng, Jerry Craun and Donni Andr ws joined Bobby Nale and Pro-pst and took Betsy for another ride. D nnis sad that he had relat·ons with tsy fir t nd after ards Donnie drvw. did and then Jerry Craun. He id that Bobby foale did not hav relati.ons with Betsy because he seemed to be afraid because someone had hollered at the �J: • : .t �a e 2 roup before t ey 1 ft the 1 :wn rty. 1n y then took D tsy back to the lawn nart and 1 ft hr t re. D nnis sa1d that Bets wa t d to av r lat ons in it t bo s, hit th did not ant to. Dennis de t cl ar that h did not h v any id a how old B t was nd ass d her ag to bout 15 or 16. He said that aft r th boys had relat ons ith r, she told the th t she was 11 years ld. D nnis sa •d that h would not hav had anythin to do w th her had e real zed that sh w s~h.s run. a. di ird fro~ th old st c d born g h, and Ferne Propst, ag 36. _wit the xc lived mily in , shington, has li ville u ount . Other sibli ar : a ; Lar , a 18, in avy; &rue of Iva Propst, wo ye rs when Dennis re life ne r ~angers, 21, who s married, ; d ichael, age 2 t ◄ on: D n s fa 1 d thr e years in school and w 11 be in the 8th gr co ing y ar at North River 1figh School. eligion: Denn's stated ve , c , th t 11 four Church n ar thjs that pr vious to this difficulty, he had not attended church one eVicy Su.nda for the last three weeks. H aid of the be had bean oina to c re tog th r at t Br thren nnis 1 ho . t h has n work ng at Cr 'JS Keys w r he is . loy d by hour for .ixing ce nt. D nnis' f ther, Ivan, rns and work in a in ten, D. \.i. hor~ h oy hunt·ng and in y i . • construct· on, and a re ectable one. ast su • ers has ~layed b s ball. s out a 11 and a half south or San ersvill 1n li o in six room house wt bath wh'ch is of br"ck ar to be very new. e co n tr se... t b H 1th: Dennis a"d that as far as he knows he is n good he lt. Su. cy: Du to the fact that the c s of t y hetzel was r c ntly in Court, the Court kno s th t there was consid r ble a unt of dif-iculty with thi child, although sh is only 11 ye r of ag. etsy ;as cc tted to the Stat art nt of elf r and Inst'tutions. From or investigation in the co n ty where Denn·a Propst/ad'3va~soc ates ith others, we 1 arned that he sees to ave a very good r _utat·on and the places where he sp nds gr t d al of h s ti re re ectable laces �.u .r s:f �p 8 3 of bu • ss where ot er ·ndividua sol thee of the nnis not ca • •s co ses all er b ked that qu • ta W r el t fact that t d th nn s is a rl invol d the involved b rs tr Peo t c n this troubl . nd be cially n vi w oft e so ve oun • do not f 1 that an: o rce, t we feel t o~ w'llin h Plan: Ta all cts into co si r tion in this ca , th t Dennis Pro st snot bean in orevious difficult, nd t e fact th t the girl as not r 1 ctant to haver lat ons w th tha bo s, w feel that Denn s Propst should bo tried as a juvenile. Court KBF/hh ruc/Su t. ocial orkor - ��Comp. Form 18 No. _____ _ TO ANY SHERIFF OR POLICE OFFICER: has this day made complaint and information on oath before me, __________ ..:..:_____:_ _______ _ (Name) J•1st:icc of the ,:'e c of the said County, tha .._ ______________ _ (Title) ____________________ did on th,____ l_J_h __ day of.____ in the said County O_j:>_S_t _________________ J_u_l_;.,:c__ ________ _ e of • These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said County, the body (~ of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color Address ----------------L color Address _________ color Address ----------------- □ color Address _________ color Address ---------------- □ _ _ --□ ·---□ as witnesses. Given under my hand and seal, this,__ l'1_t__ July da~ -~t:r--'----=..,,~=-..==-----~----'(J"'-'~'-----L-'==------ (Title J of Issuin Officer (Seal) �OF VIRGINIA-COUNTY STATE to-wit: OF-----------------~ I. . Judge of the County Court Justice of the Peace a in and for the County aforesaid, State of Virginia, do certify that and --------------------------, to the Commonwealth ($,________ as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of-------------------------------------- ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: land5, and tenements to the use of the Commonwealth to Circuit Court shall appear before the County day of _____________ ~ 19___ , That the sai~-------------------, of _______________________ _ County, on the _________ at _______ M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain _in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said --------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ day of ________________ , 19__ days _ Judge. ;. t?'.l X t'1> 'Tl (j 0 i-3 ~ ~- ~ t'1> n C: n 'O no s. r,, r,, ;;;· ll,) ~ ::, t'1> c,..,.. ::,- "' ~ < !" "'- ;. t1 ft\ 3 ~ :r ~ 15· ::, ~ s. ;. r,,. IJQ -'° .... I .., .!' ::1 ::, i-3 ... e. 0 ,. i-3 0 3 3 0 E. ::,~,. e. ~ ;. IJQ "' ,.s ~ ~ 0.., ,. ::, '< ::, ;;· ~ "' "' t'1> "' ~ ,.s "' "' > ... ,. ::, '-< ~ ,.'Tl ,. ll,) (j ;:.- ... ;,;- ~ ;:.ll,) IJQ r,, > .., .., t'1> ~ tx, ~ >-l .., §.: c:: ~ ll,) .., .., 0. r,, .., ll,) a 'O r,, ll,) "'- tx, 0 ::, n ,. "'- "'ll,) '< 0 -. 2:- ~ :> ~ 0 z 'Tl t"l > t"' i-3 :x: "' "\ ::, ::, 0 a:: z a:: p i-3 s. "'- s:: «- < ::;· < ::;· IJQ ;;· IJQ ~ ~ 0 ll,) ;;· 'O 'O r,, F. F .., ll,) ,.-. ,.0.., ;. ,. O'" s. .., ll,) '"3 "'ll,) ::, Ul 0 z t"l '< ::t, 3 30 (") :> ~ ;;· ll,) ::,;: :-0 :-0 ~ ;. ::,- n > :-0 !!. n ti 0 ~ ;. r,, t'1> (j 0 J. P. ""' >-l ::,- -s r,, 0 0 r 0 f/l '"3 ~ Q er a:: D. .., IJQ = g;;· 0 ::, f/l ~ ;. ,. (j 0 !!. s,. ,."' "' "' ~ ... ,.... s:: ... t'1> .... .., 0 :0 l t'1> (j 0 c:: ::, ... ::: n 0 ::, IJQ ;:;· ,. "'- � 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/. Title A name given to the resource Commonwealth v Dennis Propst Subject The topic of the resource Felony Statutory Rape Description An account of the resource Defendant charged with felony statutory rape Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1961 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_020_008 Propst https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_021_commonwealth-v-donald-brown-shipe.pdf a09685eb01ed65e32533a44b5e30bfc6 PDF Text Text L' H ON 0 V. D .1. AI IP ct t t t e CCU he Jury th the vi ence in t is cas ed t the ti se th t the t· o. th t ho ilty a ble or n er the i flu nee o int \l nton n ic li en t th tim fi'nd'n upon the of t e s u ccid pnt. �1a -. 1r !) :>!£ :f •. u -q !)!) H cu 1 v .t $ ,:- 5!. ,- I ti:: I"" ~ .,, r • l �IN CO ~ ON 'R CTION NO. _/_____ ( __ ALTH v. 0\ O .. ALD N HIP h Court instructs not sufficient bile whil to show that Donald Brown Shipe was dri under the influence of intoxicants you mu t th refore in th t respect, icanta, the jury that since the evidence in this c ing his automo- at the time of the co li ion, give him the benefit of the presumption and ssum in con iderin your that h wa e is not under th C of innocenc i luence of intox- �':, . v1 n I :i rl o:h; rl:t q "I IJ -ii tnl I. �COMMONWEALTH V. DONALD BROWN SHIPE Il STRUCTION The Court instructs establish any fact from whic any whiskey froro tbe ,L 3 t e jury that the Commonwealth th jury could implythat ottle which has been produced has failed to the accused consumed in evidence in this case. ��C0.1 ONWE LTH V. DO iA:u B O . INSTRUCTIO.1: / 'I'he Court instructs fail to establish tox1cati. t t e jury that the evidence of the Commonwe t t e ccu ed beverage d ' as driving u r th t uch question i iherefo bi gui t or 1 ocence in this cas . \I z 1th in!luence of an inot in issue before you ��1) The defendant ia presumed to be innocent under the law ilty. i fou d you give hi W the benefit of that preaum tion i til h con- sid ring the evidence of this caae and find him not guilt, unless you are fi d of hi.- guilt beyon re eo have h ard in ,..o tod tion W uld your v gl en yo y e fact of tbi c c o ts of this c e except wh t you ? d. ny new p per 8) 4} ble doubt, anything about t 2) Do you k o atis- ict e'r ba ed wholly on the evidenc rt, and not be bifl d the inetruc• need by ny other matter or thing? 5) V1 ould y o in.fl )'OU b accor nc you.. for t rilling to surr Uow a con idera le nu ber t r ason alone, to ch ! j rors YOtlng differently :your v rdict ·, t i ould nd r your own consci nt ouB •dgment rn rely o be in with your diff ring fellow juror, or j ror . ��&} ~ .- \L.JLL.Y-Y/d.~~J,J...::..J._~~~11L16{l6MM~~~~ ~ '.? J ~ ~d?' C,z,) L ~ ef ~ ~) ,JJ2., :Ix.~ _,r (j) /#~ C) - / ~ ~ ..-- (!)~v?r~~ ✓{!)/-1~~-~ (V~ ~ ~-- /<VVJ~ ��:t"'7, ... .r.r.r �--- ......... ..,._ <~ ., ........... ...........-.... - -......... .,,..., v. ,P~a4/~A ~.c~ /2 )f~& ~.- ..---·· 7~ • 3 .1 I 9v I - ·r./},,G ~ ~-AV~ (;)r~ (7)~~~ "1·' 1/P/' ~ ~-~;7' - ./~~ - ..... .......... -........- ... ..,___.. ·-- ·----....... ,.,...,._... ~c:7 - ~• ~.33 ~~ ~~~/4.,~~) - --~ - ..... - ��CONF!DENTIAL VIRGINIA SUBJECT: STATE SP-102 Revised 4-29-59 POLICE REPORT TT No. _______ Div. File No. _______ _ Date: Time: 9140 P.M. Place: 1.2 milllll aaat at ltkwn, Rt,. 33 County ckingbaa Code No. 082 Discovered by: urtcncnm -e!ti .. n Motive: tinkZJ'>W Weather: 11/3/61 •lli5 lba.•blu .,..._ DESCRIPTION: Stolen Clothing ------+-------1-----t----Vehicle l\fiscellaneous Total -----------------------i Accused wanted this offense? __ -=,,____ Extradite? Warrant issued this offense?.-------------, Department? Date Arrested Arrest Nos. l 0-7882& 2,_____ 3 ____ 4 5 6 7 Value Property I---------_.... -i Recovered Abandoned Currency·, notes -----1-----t------t----Jewelry, gems ---+-----!-------+----Furs ____ _._____ ....._ ___ Date Recovered: _________ Time: ___ Place: Stored: __________________ Address: Condition: _____ Released to Owner? ________ Date.____ Other Disposition? ______________ Date _ _ _ _ _ _ SUMMARY: !lo ber 31 1961, at 1.2 mil.ea east t n at1 ti t vekill d ~ a >960 Sedan, lost re•e ot tJ• -..hio1e• ,.. uu..1wti I invani@ ted a crash on • 33, untyinYol · t ve cl a. I ed Y:lctbt, operator of one n the mxtY&•naimedccuaed, vm ntrol and •kidded into the ., pronounced dead at tbl th or the ~ ctia' • • viGt1n -... by the •d1oal ua:lner 1 and the accused .,. 1f1th imolunt.ary mani1.L111Jrg1n1ar. Undeveloped Leads: d no.nt :volun APPROVED DIV. COMMANDER aJNated and cha Unfounded D Approved Pending D Inactive D c~!:t1 -1 c~~'t,~~□ �MODUS OPERANDI "C PROPERTY IDENTIFICATION C 0 ...J I 2VI 1 >, c0 " u. 0 (OTHER < "'~ 2 3 QUANTITY ITEM THAN MOTOR MAKE . .I ,,,_ ,· .... ~ VEHICLES OR TRAILERS} MODEL i_ , .._ __ .. ~ SERIAL NO. SIZE COLOR . ~ ~ 4 ·-. 5 6 7 ~· a r 7 ~ 8 . _! I ·-" e . I . 9 JO < RACE & SEX OF PERSON ATTACKED R_No Person Attacked )(_Not Shown 0-White Male 1-Colored Male 2_White Femal• )_Colored Female 4_White Male & Ftmale s_Colored Male & Ftmale (,_White & Colored Male 7_White & Colored Female a_White & Colored Mal• & Female SCENE OF OFFEIJSE 00-Not Shown OI-Accident Scene 02_Airplan. OJ-Airport 04-Alley OS-Apartment Ob-Automobile 07 _Automobile Agency OB-Bank 09-Barber Shop or Beauty Parlor lO_Beer Joint ll_Boat 12-Bus lJ_Church 14-Club 15-Dance Hall lb-Department Store 17-Doctor's Office 18-Drng Store 19-DwelHng 20_Factory 21-Farm Land 22-Garage or Service Station 23-Garage CPrivate) 24-Grocery Store 25-Hardware Store 26-Highway . 21-Hospital (Medical) 28_Hospital ( Mental) 29_Hotel .JQ_Lobby Jl_Motel 32-0ffice Building or Office JJ_Qut Building 34-Penal Institution 35_ •Place of Amusement 36-Post Office 37_•Public Building JS-Railroad (including station) J9_Restaurant ~0-River 41-School -12_•store 43-Stroet 44-Theatre 45-Warehouse 46_Woods HOW ATTACKED OD-Not Shown Ol_Advertising 02_Agitation 03---Attic 04---Automobile OS-Basement 06_Beatlng 07-Betting OB-Binding & Gagging 09_Blesses 10-Boording 11-Burning lZ-Burylng , ~ ...... Money & Leaving Bus, Etc. lJ_Calling for 14-Ceiling 15-Coll•cting lb-Combination (Safe) 17-Cutting 18-Door (front) l 9-Dcor Crear) 20-Door (other) 21_oru99in9 22-Employing or Employment 23--Establishes Credit 24--Exchanges 25-Explosives 26_false Pretense 27_finds Money {Pidgeon drop) 28-Firearrns 29_Floor 30-Forging Jl_Fortune Telling 32-Gains Confidence 33-Glass broken Jtl_Jgnition 35-Intoxicated 36-Impersonating J7_Loafing 38-Mail J9_Misrepresentlng 40-0btain for Repair 41-Parked Autos. 42_Photography 4J_Pick Pocket 44_Pull 45._Punch 46-Rent 47-Rip 48-Roof 49-Sell 50-Sex (Natural) 51-Sex <Unnatural) 52_Snatching 53_Stabbing 54-Statement <Oral) 55-Statement (Written) 56-Striking 57-Stripping SB-Strong Arm 59-Telephone 60- Threatening or Holdup 61-Transom 62-Uttering Forged Checks 63-Uttering Worthl•ss Checks 64_Wall 65-Window (front) 66-Window (rear) 67_Window (othorl MEANS OF ATTACK 01-Not Shown 02-Absconding 03-Automobile Q4_Bar OS-Black Jack or blunt Instrument Qf>_Bodily Force 07_8reaking or Forcing Locks OB-Bolt Cutters or Pliers 09-Bottles 10-Bit or Drill-size unkn=,wn 11-Bit or Drill ¼" 12-Bit or Drill ¼" 13-Bit or Drill ½" 14_Bit or Drill¼" 15-Bit or Drill ¼" 16-Bit or Drill ¼"' 17-Bit or Drill 111 or over 1a_Brass Knuckles 19-Breaks Glass, Door or Window 20-Certified 21-Chemical 22_Chisel, size 23-Collecting 24--Concealment 25-Club 26-Driving Away 27_Drugs 28- Engraves 29-ExplosivH JO-Failure to Deliver Goods Jl_fictitious Orders 32-File JJ__ firearms-Automatic 34-Firearms-Machine Gun 35-Firearms-Revolver 36-Firearms-Rifle J7_Firearms-Sawed Off Shot Guo 38-Firearms--Caliber not shown 39__ Foil 40-Glass Cutter 41-Hatchet, Ax & Shovel 42-Hauling Away 43-Horse Racing-Fake 44_!.Ice Pick 45-lnflammable 4b_Jack 47_Jimmy, size 48_Jumper 49__ Key SQ___Knife or Flat Instrument, sii:e Sl __ Ladder 52-Literature 53-Matches 54-Missile Rock 55-Money Order sb_Jlote 57-0prn SB-O>ryacetylene· 59-Pap,r 60-Paper Clips 61-Pay Checks 62-Photography b3-Poison 64_Pretends to have gun 65-Pretends to be Collector b6-Pretends to be Doctor bl-Pretends to be Jnvestigator 68-Pretends to be Inspector E,9_Pn~tends to be Nurse 70_Pretends to be Salesman 71-Pretends to be Writer 72_Promises 7 J_Protectograph 74-Prying 75__'.Rags 76-Razor 77-Removes Panel From Door 78-Rips or RemovesScreen 79-Rope or Wirt 80-Saw Bl-Screw Driver, Size 82-Shop Lifting B3._Snatching 84-Spying 85-Subscription 86-Syphoning 87-Tickets 88-Typewritten 89-Wrench 90_Wi-itten, Longha11d 91-Selling TRADE MARK QQ_None Shown 01-Admitted through False Pretense 02-Arm'!d & Threatens QJ_Ate Food & Drinks 04-Bogus Credentials 05-Bare or Stocking Feet 06-Burns Matches 07-Carries Safe Away OB-Changes Clothes Q9_Checks Printed, stolen &· Counterfeit l0_Chewed Tobacco l l_Commits Nuisance 12-Cuts Telephone & Light Wire, lJ_Depositing in Bank & Overdrawin;;1 14-Disconnects Burglary Alarm lS_Disorderly Worker 16-Drugs or ChloroformsVictim l7_Enters Home While Occupants.are Pre5e11t 18-Escapes on Foot 19-Establi•,hes Credit 20-Expcrienced Worker 2l_Extortlon 22-Exhibiting Bank Book 23-Flash Light Used 24-Follows Viclim 2s_Fraut!11lent Collecting 26-Fur Racket 27-Gains Confidence 28-G!oves Worn 29-Guests 30-Hitch Hiker Jl_lndecent "& ObsceneRemarks 32-lnsurance 33-lmpersonatlon 34-Jewelry Only 35-Kidnaps Victim 36-Kind & Polite 37-Labor Trouble 38-Literature 39-Leaves Door or Window Open 4Q_Line-s Victims Against Wall 41-Locks Victims In Room 4~Loiters Around Playground 43-Makes Victims Lie on Floor 44_Malicious Damage to Property 45-Molests Workmen 46_Money Only 47_Nervous 48-0ffers Candy, Money, Etc. to Children 49-0rders Taxi &. Robs Driver 50-Party Burglar 51-Passes Good Checks First 52-Pretends to be Drunk 53_Pretends to be affiicttd 54-Pretends to be looking for Fictitious Person 55-Pretends Auto. Is Broken Down 56-Pretends to be Purchaserof Auto. 57-Pretcnds to be Delivery Man 58-Pull; Blinds Down 59_Purchases Goods &. Receives Balance in Cash ,o_Remcves Glass without Breaking 61-Removes Panel from Door 62-Rentir.g Racket E,J_Requested to use Telephoneor Toilet 64-Rings Door Bell 65-Rough Voice 66-Sells Without Proper Title b 7_Short Change Worker bB-Smokcs on Premises 69-Solicitor 70_Steals Auto. for Stripping 7 J_Steals from Auto 72-Stcals Victims Auto. 7J_Stolen Auto. Used 74_Telephone Call-Anonymou':l. l5-Uses Jimmy or Scfew Driver 76-Wears Mask 77_Victim intoxicated �•, II, ict • , Accue.«!. ( his dicat•d n Poli tlftlill"tl,tin· tor Vi hicle) upon a call ton,.repor i , a er. t an no c1t1£en to the on oute .33, 1.2 lllil.e ea ot Elkton. At 9:SO P. t., r 3, 1961, h • recei~ ATmonaa.ttoxrequest1n .. t I in Elkton 1n ckin County. I arrtve eti the scene at 101" cl.es and an east dead at V frOl'II C st of and found that the hicl er te by th e by • Two • _ sp t • • G. O. Tanne ot the accused's , "1.r nia, al on re d been tra ed d abov o the left d1o er sh on oute 33, 1.2 i. a 1960 Volk.awt&.EO.n d, o r ted by the ve to ite left, ran .,.,,....,, t1 aboul o t victi •scar, and f the accuse •sear. • · • ot the , lane. o! S , 6 o ~ . Voh:.clo c 2 o e to d its front o a.ted by cle 'I ~ 2, ~~. lllde the lett fr nt e 21 after • V hicle 3 did not st.rile • The s locat hard surface, t lane, v.i 1!11 eolJ>d, it• :ter. It had been raining just pri.or to the crash, tho road • te -IU4,&"'-tion t hi! soa day when the road Vehicle f/2 wnen it on a curw o ere • oul • the I • rk , and t l"lal:"Rs other t ..""'...-.r der. ia 11m r e ck the tollowi. n those de by Thia era.eh occurred machi cle 1/2 d i icidins s:i.de e boulder and the rear 'llh.eela th that t & t . o... d I queationad the a ve-narn dace ~ d to the f'ollmd. ht and morning in the s of f1ce of th COlllllik>nWtll:1. 1 s ttoirner:, t ,.. Co nty, J • , t vhicb t1M he eta ted that be .a traveli st enroute to Harri nburg t e \int of th1 c rash and vu ...-·~~- around a c'Ul"Y4tto his l•ft th his left 1'l el over the center line. H stated saw a on-oOflli.ng '¥9hicle in its o r lane, did not Nmember whether applied brakes or not. He stated hie car pped aro nd he was struck in t.h• side by the on-ccwdng car. stated t. out and assisted se era out ot bis car and that others WBJ."8lo- ..... - after tlw traffic and t ·ctim. a ted be tra eling about E() lllil s per hour nd at he had d thN . been prior to t ora,sh. Be stated · •a trave f'ror-l Norfolk • ute to Harrlsonbur , d t t car tollolli.n hira ocCU'!'J1ed by friends .. d d baen behlnd him. for ti ior to the crash. Ha stated he is in t vy and t.1.onedat ort 129, u.s. val a , lfortolk, Vi• ��io ·cle) a.ecus d's I all 8 d\lledi • t ��-~~~->~~~ %~-r/U, - :?'~ ~J~ ~ h~>~JtJ.~r /~~~ -~ .17bR ~ - /t'}/~J~- ~,.Z~- X- ~: ~~-~~~LJ ~.$ de- p~~~- ��April Mrs. J. Edward Sandri 2, 1962 ge 4 C :-inth Div Richmond 27, Virginia Der rs. ~andridge: As you requested, the followin are the nam sand ddre ses o= the boys ho were passengers in the vehicle driven by Donald Shipe: Darrel Albert Kennedy, Route #J, Red Lake Falls, Minnesota; Mich el Charles St iti, 148 Turnpike Street, Canton, Mass chusetts; Rayland·. Martin, Lafayette, Louisana. you, If there is any other I will be happy to do so. information which I can furnish With best wishes, I remain, Very truly yours, James R. Sipe JRS/ - ��L nc or di - ct. Cr rfor b d i or er C f fi d h t ll yin ��COMMONWEALTH v. DONALD BROWN ffiP INSTRUCTIO The Court tutruete the jury that th mere bappenina of an accident doe• not rat•• any pre• mption whatever of any negligence either ordinary. aroa•. or culpable D t part of the operator of t e motor vehicl •involved. �a OIT o iV -: :to arli RT �co O .. E LTH DO ..... D ROW SHI I rt bil TU TQ:!' j ----re iddi g of an natum a of it elf as to to co stltute c i ren uto1 o- o th p rt of t bl ne - �.. ' I g �CO ONWEALTH v. DONALD BROWN SHIP INSTRUCTION j The Court 11l8tructa the jury that even though tbe accused may have committed some unlawful act ln the operation of hi• motor 'Vehicle, you can• not find bb:n guilty unleaa th ct -o committed wu in itself danprous, and. you re inetruct d that the mere violation ol a tral.fic law does not t-ender blm guilty Qt tnvolunt ry manala\l&hter. ��COMMONWEALTH v. DON LD BROWN SHIPE I ------ INSTRUCTION t.,c the jury that the accw,ed l• presumed to be in- Tile Covrt iqtnicta d, that this preeum tion fol- nocent of the crime with which be i• charged# lows t accuaed throughout e ry ata1e of the trial. the ccusecl hae denied every •••entlal By his plea of "not ty 11 alle ation of the indictment u.d baa t pon the Commonwealth the burden of provtn, eveey element of the crime charged and the accued'a T ,ullt beyond every re aonable doubt. burde~ •• ao lmpoaed on the Commonwealth, does not abift but nmatna throughout the entire trial. to prove or eatabU.b hls llm you entertain even be efit of reaao euce.. and, U, aft r coneidering the evidence ble do bt of the ace find ell The accused ia Wlder no requirement m not ' ed' • ilt, you must glve lty. Th •preaumptton of innoc nee 18 not mere form to be disregarded by you at pleasure but it is an eaaential and binding part of the l~w of the land, aQd must giv the efendant the full benefit ot such y You are furth r instructed that aecued is guilty of t er to convict nor le it aufflcle likely guilty t pilt co not guilty, hile re um y mptton. picious that the e with whic 1f you feel that ut to t ·robably guilty or more rraa: the convtctton of thuJ accwied, b1 mu t be proved eo cl arly that there remains not one reasonable theory iet nt with the evidence upon w ich e can be mn.oc �------ I t • ua j· :t t:uro~ rl :t lo :tt 8U!> baa Jnemfo bal • :t "I 89 • •• 0 aftb-iud ad • • £I sob ed :tll •' 0 a nt & :t • l lo t ,buI9'1 w•l edllo 1altff9N9 t • mn n.a al t aldT 9"1.... ! ta ta • IIO idw :t t:>1 .a o..Ue rr f -s nedl t .aaoa•n uo toa aaJa .t na d ldw :tn �COMMONWEALTH V. DONALD BROWN SffiPE INSTRUCTION The Court iutructa •ym~ ---- the Jury that you should not b!t 1nfluenced by or 1entimeat 1n reac.blng your concluaion but should render your verdict according to the law aa given by the Court•• iaatauctions, evi~nce wblch baa been presented. on this trial. and the �I I ! I 1 ��My name is James Edward Runyan. My address is Norfolk, I am in the United States Navy. I am 21 years of age. Virginia. I have been told that I need not make this statement unless I desire to do so; that everything I say must be of my own freewill, and that anything I say can be and will be used against me in a criminal prosecution. I ha'\ealso been told that I am entitled to counsel. Nevertheless, I do make the following statement voluntarily this 4th day of November, 1961, in the office of the Commonwealth's Attorney, Court House, Harrisonburg, Virginia, in the presence of Trooper R. D. Schuder, Jr. and James R. Sipe, CommonwEBl.th'sAttorney. I left No:dolk yesterday afternoon, November 3, 1961, at approximately 4:30. I had two passengers in my vehicle, Dalton and Ries. I was driving my automobile and was coming to Harrisonburg. We made one stop on the way between Norfolk and Richmond to get something to eat. We were only stopped for approximately 10 minutes. Shipe was still at the barrarks at the Naval Station when I left. Shipe passed me on two occasions, the first time being when I was stopped to get something to eat and the second time on tms side of Richmond. When I was a couple miles east of Elkton,! was traveling approximately 55 m.p/h and Shipe was in front of me. The road surface was wet and visibility was not to good because it was misty. I did not see Shipe collide with the other vehicle because of a curve in the road. When I came around the curve the accident had happened, and I got in between the two vehicles and struck the front end of the Shipe automobile. I do not know whether I applied my brakes or not. I do not know exactly how fast Shipe was traveling, but it was seven! miles faster then my speed. I had one beer to drink when I stopped on the other side of Richmond to get something to eat. are true WITNESS: I have read the above statement and the facts and correct to the best of my knowledge. stated therein �'- �My name is Donald Brown Shipe. My address is Port Service Department, SB129, United States Naval Station, Norfolk, Virginia. I am 23 years of age. I have been told that I need not make this statement unless I desire to do so; that everything I say must be of my own freewill, and that anything I say can be and will be used against me in a criminal prosecution. I have also been told that I am entitled to counsel. Nevertheless, I do make the following statement voluntarily this 4th day of November, 1961., in the office of the Commonwealth's Attorney, Court House, Harrisonburg, Virginia, in the presence of Trooper R. D. Schuder, Jr. and Commonwealth's Attorney James R. Sipe. I left Norfolk, Virginia, between 4:30 and 5:00 yesterday afternoon, November 3, 1961, in my automobile to come to Harrisonburg, Virginia. I had three other passengers with me, who were Michael C. Staiti, Darrel Albert Kennedy and Rayland Martin. We stopped on two occasions between Norfolk and Harrisonburg, the first being outside of Hampton to get something to eat and the other time in Richmond to get water put in my car radiator. At approximately 9:40 P.M. last nigh~ approximately 1 mile east of Elkton,I was driving my vehicle when I came into a curve in the road to the left. There is a double line, and I was driving at a speed of between 55 and 60 m.p.h. when I started into the curve in the road. The road surface was wet and there was a mist in the atmosphere. I started around the curve and I was driving partly on the inside of the white line. As I got into the curve I believe I applied my brakes, causing me to lose control of my automobile. I went off the left side of the road and after traveling a short distance struck another vehicle which was approaching me on his side of the road. After I struck this motor vehicle approaching me, another which had been behind me struck the front end of my vehicle. vehicle The car which struck my front end had been following me for some distance. The driver of that vehicle was a friend of some of my passengers. at about 3:00 P.M. I also had 3 or 4 beers to drink. I had two beers/in Norfolk jva~ before I left at between 4:30 and 5:00. I also had two more beers to drink when we stopped outside of Hampton to eat. There was also a 5th bottle of whiskey in the know whether any of my passengers had anything to drink There was nothing mechanical wrong with the automobile lose control of it. I do know that the left rear tire are true WITNESS: I have read the above statement and the:facts and correct to the best of my knowledge. car. I don't from it or not. which caused me to was rather smooth. stated therein �.) �• ,, ,. • • • II ��n is J United Stats My th p th 0 Har Jame s Edw rd unyan. My dd ess is avy. I am 21 y r of age. orfolk 1 Virgini I h v been told that I need not e this tat nt nl I that everything I y must be of my o ~ freewill, and y c be and will b u gainst me in a criminal tion. I ha 1 o be-n told that I entitle to con el. Never, I do make th following st t t oluntarily this 4th y of r 1961, in the office o the Cc::.::c~walth's .ttorn y, Court Hou e, burg, Virginia, in th prese ce of Troop r R. o Schuder, Jr. and . Sipe, Com::oo11wG~th's Attomey. I left No lk ye terday ft moon, Movembe-.3, 1961, at at ly 4:30. I h d two p s n rs in my v hicle, Dalton Ries. riving y aut obil and was c in to rrisonburg W made on he y b tw en orfolk d Rich nd to et somethin toe t. We re o ly topped for ro imat ly 10 inute. Shipe was till at the b rrarl t th aval St tion wh n I left. Ship ped to see When bet I d bow I h pas t m on two occasions, thing to eat d th the first tim being hen I second time o t • sid of When I a t ly 55 •p/ d v sibilit colli e iles east o on I wa tr ling hi as f • Th. ro d r ace t to good be t w s i y. I did not ther v bicle of curve in the road. b ccident ppened, and l ot in he t struck the front nd of the ~ip au~ o i . kno id y brak s or not. I do not know x ct y Ship ng, but it as eve mils faster then my spee. be r to drink wh I stopped on th other ide of ichm nd to bing toe t. I h ve red the above t t t and the facts and corr ct to th best of my kno l~d . JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. stated tber in �391a WA.J ,AV .H a3MAL TA YIIMROTTA ,,>RUSl<Oe!RRAH �VIRGIN In C • uit Cou t of h Gr Circuit r C kill Shi- R n ' h 1 on th o th ham, s r the Grand Jury ward JAMES ATTORNEY R. SIPE AT HARRISONBURG, t.AW VA. iv L, l. r th t th t r ove b r, 1961, the sl dr e, II, a ains the din tt 0 in id eac tl 1th of Vi gini. . D. -·..1nyan, witn 0 ce , evi J po th .ir 3 d d yo , Virgi.ni Co D 1th of Vir ii, y l y on J d dimity o of the s i Don 1 Bro aunty J ror County, y of the County or t e b n ock se v dence. -r, J orn in o en court and .' nt to �39Ia .S'I a3MAL WA.J TA .AV Y31'1SIOTTA ,i)ffUBH021S!f1AH �Comp. Form 18 STATE OF VIRGINIA ~ OF \ No. _____ To-Wit: Harrisonburg Cit:ij-0 ANY SHERIFF OR POLICE OFFICER: R. • f.-chooer, Jr• Whereas, has this day made complaint and information on oath before me, ___ J_o_hn __ ~•_L_a_n_ke_. __________ ·ty <Titiel J::IXZX Uonald Bro m Shipe _____________________________________ ,3m day of__ _ (Name) of the said C:rnmtv, tha~--------------- _ _..Ju.UO-',_.t,..i""'o ...e._.o..... f.._.TL.Jh...,e-..P"-'auca ...c....,.e'----------- did on the _ RockinCounty am _,·n th~d ___.J""lo-'-'..r._.n.um~-,,.,.,,.: ...... r_______ lti.11 ancl dn , 19--61_: Unlawfully add felonio1 a ,:ainsi~ th "',ly oft! o t;ommonwealth of Vir~inia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court ~~eounty, the body ~s) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color ____ Address color Address color Address color ____ Address ------------□ color ____ Address ---□ ---------------- □ --------------- □ as witnesses. Given under my hand and seal, this lrth day of___ a...,,......,..· ..._j__,~..,....,~-----?--~ 7<Titleof Issuing Officer) JUS'!'I CE OF l'I;<; P:?.ACE (Seal) �STATE OF VIRGINIA-COUNTY OF to-wit: I. . a Judge of the County Court Justice of the Peace in and for the County aforesaid, State of Virginia, do certiiy that and ---------------------------, to the Commonwealth ($ ________ ), as his suret _____ of Virginia , have this day each acknowledged themselves indebted Dollars in the sum of ------------------·------------------- to be made and levied of their respective goods and chattels, land~, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court County day of _____________ ~ 19__ , be rendered, yet upon this condition: That the said ___________________ County, on the ______ of _ at _______ M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that ___________ days the said --,--------------------shall keep the peace and be of good behavior for a period of from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ day of ________________ , 19__ _ Judge. t'Ij ::r n, () 0 >< n, r, s:.,C,: < s. g '8 ~ (/) J. P. (/) n, 1;;::s 0. n, 0. .... ::r n, n, ~ 3 () s· 0 ii:: ~ o· ::s ='= 0 z ~ l:,:j > t"' ..:) = r, ::r .., _.,, p, oq .... ::h ::s -'° t £. 0. n 0 "%j s· >-l ~ ~ n, >-l ~ ~ () 0 ~ (/) U'l C: 3 3 0 3 3 0 ~ n, s· oq ::s ~ ;. ::s ~ g:! .... n, 0..., ::s n, (/) (/) gn, (/) (/) ~n, ::s ~ "Ij n, n, "" ::s 0. n;. .., ;,;- ~;. "> .., "" n, ~ oq .., n, cc- -..,.., ~ ~ ~ C: .., "" .., ::s "" .... 0. n, .., "O £. ::s '< t:d r, .., £. 0. -Y> < :::;· < :::;· oq s· s· 0 oq .F e e:.. 0 p, n, 0. "" '< n, 0. p, ::s 0. "" '< "" n, .., "" "O "O .F ~ r::r n, 0 .., n, ;. n, n, (/) '< >-l ::,- ... g_ n, 0 () ~ 0 tll ..:) tll Q D. s· C: .., oq 0 ::s 8 i:, ~ ;:;: :l. gn, (/) (/) n, () 0 C: .., .... -'° j (/) ~ .., n, n, .., ... .. 0 (') 0 r, 0 oq C: ::s ~ 0. ::s .... ;:;· n, �n i nt, S 129, Un of ag ro t e . My dre s i Por , Norfolk, Vi My t ti rvic inia. I a r- noo, I ni . l ad Albert ~or ol thin • di • . ast ro-d 0. Th ,rt d iLte lin . to lo e ... d ft r l fer whi b I Te ich t C y fr d~iv r of tba 0 r e 4:3 d V r t corre t to JAM.ES ATTORNEY R. SIPE AT HARRJSONBURG, LAW VA. chiu thi m tor v htcl roaching m rue t fr t nd of my b cl. b I hie id r v h cle t t I 0 nt d the kno 1 d about 3:00P M. d t 1 t. . rs ts t t d th r in �:3C!l2 .R 2:EIMA W~ ,AV TA Y3HROTTA ,li>RUIIH081RRAH �,, / SHIPE , . ~ ..,N.\LD BRO~;N manslaughter r2/1.rJt1-/?~~-- ~4.fi/· 1.t/;¢1 - /f ///art--~/ ~4~# -n ?- - - J-~2fo?✓ ~:;1 ,~-r// l/1/1.2 - T//La/ - v'~? .=7~ - �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/. Title A name given to the resource Commonwealth v Donald Brown Shipe Subject The topic of the resource Felony Involuntary Manslaughter Involving a Motor Vehicle Description An account of the resource defendant found not guilty Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1962 Contributor An entity responsible for making contributions to the resource Sydney Ring 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. <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_020_021 Shipe https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_003_commonwealth-v-donnie-ray-andrews.pdf 6e9bf5b739316a26a391b7a8293fcd69 PDF Text Text st2tutory rape. ��Comp. Form 18 No .._____ _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, _ __:::......:.:..::..:..=:.=..:::__:.::.....:._..::.::....::....=~-------<Name) 0 of the said County, tha .._______________ _ (Title) did on th~_l_3_h_day o,f._ __ J__l,..!!.y _____ .___ , 1961 lydid : Unlawfully , in violati 18.1-44 o These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the of the above accused, to answer the said complaint and to be County Court of the said County, the body ( further dealt with according to law. And you are also directed to summon: color Address ---------------U color ____ Address --------------- □ color Address --------------- □ color A~re~---------- color Address --------------- □ --□ as witnesses. (Seal) J �STATE OF VIRGINIA-COUNTY ____________________ OF _________________ a Judge of rhe County Court Justice of the Peace I. . _ to-wit: m and for the County aforesaid, State of Virginia, do certify that and ----------------------------, to the Commonwealth ($,________ ), as his suret _____ of Virginia , have this day each acknowledged themselves indebted Dollars in the sum of ------------------·------------------- to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court County day of ______________ , 19___ , be rendered, yet upon this condition: That the said _____________________ of ______________________ _ County, on the _________ at _______ M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said --------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ day of ________________ , 19___ .days _ Judge. J. P. ;. n, ., 'I1 (i 0 X n "'c: n 'O no :r ... "' tTl n, n, 0. n, ;. c..... ~ !" n, ~ ::, U) ~ < a n, ::r ;;;· n, ;. ~ ~ ~ ::, ~ 3 ' 5· .... :::i, tr:! >-3 0 > z>-l 0 a: z a: p 0 0 z ~ ;:d tr:! tTl t"' > (fl =1. ;. 5· _,. :ii:: ;:d ;:d > ;:d ;. n,· ::r (") 'I1 8.. n 0 > n, 5· .., "' Oq t, ~ >-3 >-l ::i:: ..... r ::, 0. I>' '< c.. ., 0 E. "%j s· n, ., 0 E. (i 0 ~ "' (i 0 (fl C 3 3 0 a3 =!: n, 5· ::, e. ;. 0 ::, Oq ~ > ... sn, U) .,0 n, n, "' ::, '< "' ~ s n, "' "' ~ n, ::, 0. I>' nn, ::, ...... ~ 'I1 n, n, (i ;:. ., ;,;- ~ ;:. "' Oq n, > ., .., ... n, U) t:c ~ .,.., E ---- ~ ., .,"' C c.. Q. '< .., n, "' ::;. 'O n, ::, ::, "' c.. t:c e. '' ., 8.. 0.. -Y> 0 "' 8.. < ::;· < ::;· Oq Oq 5· s "' .,"' 5· 'O 'O F. F. ~ (I) ~ ... -. er (I) 0 n, ... :r (I) ., ::r s=!:n, 0 0 0 5· Q D. IJQ C ., en ~ rll g i:, ... :r ~ ;:;: =1 . s n, (I) "' (I) "' (i 0 C ., ... r ... :s ::< ... -" 0 (') 0 C U) =!: (I) (I) .., n 0 oq e. N (I) c.. �- tf IV IV'/;;-, r N /I- /1-Nd!(i:U/ S1 '/)otJ ///Jt/9f' o-pr 17, .?-& /'9F,/Y ��..,_TI LR-..,ORT RT T O PUBLIC :l..F st 15, 1961 Nam : Donald Ra ddr a: s: Mt.. dre olon, Vir ather, J es -?. ward andre s (dee ased) oth r: Sylvia nia ·t. ~olon, Vir inia ddres: ttor draws 17, born 5-26-LL y: Donald Lit n Trial t ered b the ~ourt, ile or s an adult. is to d ter ine Dat 8-15-61 • th.er t try Donald Pre See 1 ~. 1. did avis t r tea o against th charg s w... rs, in violat on o and dignit of t d ainst J rry Cr aga·nat Donal that "Donal kno one ay ndr s by ridgewat~r town ol1ceman ndr ws on th 13t da of July, 1961 el, a f ale eh~ld, to-,it: 18.l-h4 of the Code of Vir inia, alth adult, of Vir in·a." ~ imilar an D nnis Propst, another juv nile. Prev ous Probl : 'Wedo not know of any d f iculty previous to th·s diffi lt. that this juv nile bas been ·n lv din State t and R actton: !n t e 4n rv' <~W it onni , a s very cooperative an e ed to be ite will"ng to riv information requested, but said that t e ld rather not , ka a state nt in re rd to whether he did or d:d not av r lat 1 ons with Betsy t 1. Ith r ·ou ly been . de cl ar to h. th t s·nce e as represented bi an nttorne , he did not h ve to rr, k a staterne t along the ....e line • onn·e stut~d that he had never sen this girl or known o hr in any ay. He _a to indicat that he unqerstood thst the Neale boy ad known the girl at so ... ti or other previ.ou to the night or July 13. Donnie !';aid that until the ch· rg s : 1· nlac d a st hi., h hna o • d a th t it s g jn t the law to hav r lations wt a irl u e-s it s done ·n a fore ful way. He aid that h had und r tood a rao charg to mean that he would have relation by force. Donni aid that an relations had with l3 t y Whetz 1 wera definitely ot done n ful w y, tat the girl 1ant d to stay and h ve re re tons than or • tis particular n 4 ght. •hen asked how old h thou ht th rl looke· , he said h thought s1e was at least 16 or 17 years of a id 1 d not kno un~·1 later t at ni ht t at t irl was only 11 years of aee. eemed to b quite upset a d concerned bout t s situation and s id h certainl hooed he could get �ro 1 .r ; : �ag out of th tro1 ble. He ad tt n ar h s own ag , wt only a v too ,uch to date, but in th s;ngl dates, but o at "' he 2 with other g·rls e do s not c re H said usually d th th had ad re ations ry fe ti . H ai that st has done o occas·onally. has gon with one of t ot r thr e boy n- volvad w th th ir dat. nd: t of four childr ou •a 1 drew • ir. n born in the draws, -ard of J a es za ...... Donnie was ndr ws is now 59 ried. h- ar as 20. rria who d • ed in 1954, whe , 86 at the t • e of his death. nnie' thr older siblings ar a ie, ap,'3 32; Billy, a 26; nd Ji , y follows: n: s i dr s t at k.,Do ie be e wa te zarene Church regularly t at nd that the Church of the Br thr n. She o ng on h sown, and she tho ht th r.ason for thi upset and d pr ssed abo t g tt·ng involved ·n tis &lueation: .uonn e wa raduat d ro the North River ig~ chool with the ela~ o 1960-61. t: e loy-~d t the I rval ltry Plant d rns 1 r our. at as oon as he i lb, he would like tog t another job or ilso Train· n hool to 1 urn bod nd .fendar work. ity: th and. ange He o to nd an older broth~r•s family be en Mt. uolon The ouse is a five room fr ~ dwelling, ood condit on and s neat and clean. Thay hav-3 48 e r nt to other far rs 1 the area. ther e ta Count • and .- ear be acr s of land whi H alth: Donnie sta ad t t s far as he ow he is in ood health. that Donnie s gcod attitude about this o fe se r~ that ha is very and s·ncerely concerned about th~ charge agai st h·m. In our invasti' tion of the nl ces hr Donnie lo fs an spends ~o t of his spare ti , we learned that he has be n a "quit dif er nt boy" s ,ca the char s placed a ain t hi • Hi other sta d that he does not like to talk about it nd s ... to b qu te de-oress d ""l st of the ti . r. 'Howdyshell and Ir. 1, whoo rate places of bu in s near Dormie' ho , both stated that Donnie's e-eneral reput tion in th co nity is that of v ry qu1 t boy. They s id that nnie nends a gr at d al of h s spar ti in the veni.ngs t th ·r ol ces of business, but he n var , ve~ them. a minute's trouble a upset or i rowd in any w • �i: �Pag 'Plan: On h b s f our investigation, ven 1 • w 3 coM nd that Donne l\enneth ndre s b tr d �sd � 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/. Title A name given to the resource Commonwealth v Donnie Ray Andrews Subject The topic of the resource Felony Rape Description An account of the resource Defendant charged with felony statutory rape Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1961 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_020_003 Andrews https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_001_commonwealth-v-dora-bardley.pdf e36cb11284f2db98bd2807d8a65bf722 PDF Text Text DESCRIPTION OF PRISONER Last known address ____~ ______________________________________________________________________ _ Color ______~_ HeighcJ~~---~ Eyes __~_ Hair __---w-________ Weight__/_~~--- ~~ • Marks _____________________________________________________________________________________________________ _ Age ______f;(;J_____ ____ Date of Trial_ ____2______ Result ______ /i Occupation __&_{:!::{_,____ /9 ~ -----~ _Q___ ________ 1 -"""'-"""':i.--.-.- _____ _---- ---- _--- _-- _ ---- ---- _--- ---- ---- __-- ---- ____________---- ---- ____---- - __'-'I..L-- ~ - __________ f-' ~ f------------------------ _ ��Docket No. J/ J rl. FEB- - 1953 COMMONWEAL TH of VIRGINIA ~ -<§ vs. J Felony ) ( felonious ass ult) DORA BR.ADLJ!:Y ;,:: ,, ~ t;f 't''r. a~ ~ ~AA i ,.rv-) /'I/~~ ,. ,;v 0 ~ n m ,. ~ !!.. C "'" (') J 1.,,v~ /, 'f ~~~v~.a~ ()() Appointed ( ) ti~n "O :,- f J> "O !' ~ 3 o. i CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. ��Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: t::""~ You are hereby commanded, in the rar:ie of the Commonwealth of Virginia to summo k,-/;L:.;. to appear befo~·e th Trial Justice Court of said Count . /iJ:J ;it.....;' in said County, on,_..!,L"'(2c..._,,=._da y o . . 19.!»•.2..., at the hour of.--."--..!L!.--1J..=.~-------- of that day to give evidence in behalf of._,,C..""e:,......,."'-""""'-'-V(__i_~ __________________________ in the pending v. '::I::,"""- case of _t=-c~~::=- v:: f ¾ Given under my hand this 10-51-Zm-Garrison 1 _"( __ ..,,_______ /p1-tL day -,-----,----------------------- of _ �....., -- ~ ') -I nri e QQPV ■ ; • ,: ' Sf,,EtJWF \iU:i..11,~J,1·,.; .TRA•tpr,,r"r-ir,~ ,J,I .~ . i.: .. ~ '1 I>' ::l (1) ~ I :) '1 ,+ (j 0 C: CD ;:i' r:::r 'd 0 z rn ,+ i:: (1) ,+ ..... i:: E (fl II 1-j ;,;- n I j. 0 ..,, .. ::l (1) rn rn ;;: ~ ,,-..,,,-..,,,-.., v'-' • ~-\;] 1 1 011 "'OCKl • r. r•1 C""••···· .n r1untt." ■ ALS z-.:2~- ~XECUTEif-LVfl-IN THE COUNTY or ROCKINGHAM BY DELIVERING A TRgE �Commonwealth of Virginia: To the Sheriff You are 'hereby commanded to summon ........... J.uanit.a of Rockingham County, Greeting: ..Rhode.s ....................................................... . tofdtee; before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, O awd-0 o'clock, a. m., on the ...9.0.tb.. .......... day of.... Ja.nuar.:y...................................................... 19 53 ..., to testify and the truth to aay in behalf of the Commonwealth before the GRAND JURY ...................... .............. .ags.ins.t ...D.ORA ...BRAD.I..:EY ..................................................................................................... . who stands charged with a felony mi5tkmH>ffOr. And this yo11shall not omit under penalty of £100. And have then and there this Writ. Witness, 1,.~\VtJ.XZitlk;yt:J/;nfoJ-,:.J:IMXmtJi.~ day of....~~P:~~.Y ............19..~.~., and in the.JT?.t.P. THI!. SERVICE PRESS, HAllllJSONBURG, YA. at .. ear t ommonwea orney �Connnonwealth v.) Grand Jury summons Dora Bradley To January 30, 1953 at 10:00 a. m. IJ,X.ECUTErl..-J. IN '!f1E cou..i·.nUi ROCKINGHAM BY DELIVERING A TRUE ERSON. 1? ~ :)~~....JIJ,b-~ A.l. Sl'Rt\\r.JOl~,~-• -=---~----s,.,...,H ...... t\1...+t~f""""f:......-ROCK\tiGH~fli\ coUN'TY �Comp. Form 18 No. ______ To-Wit: _ Whereas, These are, therefore, to com,..m~u, Trial Justice Court of~~~ounty, in the name of the Commonwealth, to apprehend and bring before the the body (~ of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon - color ____ Address color Address ---------------- □ color Address color ____ Address ----------------□ color Address __ as witnesses. Given under my hand and seal, this_-"""'11,....:...~-- -----------------□ --------------□ _ ----------□ �forceaid, Stat~ of Virginia, do certify n and for th have this --~-'-It-~., ay each acknowledgeo fhe s indebted 1/Ch} and tene ty, on the --=-----at --~~~or f for and _J;;;~.E~~~~~~~~~!f--,Virginia, day of_ Dollars to the use of the Commonwealth to ~tCourt rial Justice _c~~~~~~~~----, and at any time or times tow r cee mgs may be continued lding any proceedings in connection with rge i11 this warrant, to answer thence without the ave of said court, -the said obli ation to remain in full force declared • orde a competent the further tondition that .. • • shall kc behavi """_...,._ ---0 ilili-a,•---..i;-----------'fflrYS--- H ~ ,t 0 p, - ti) (l) I-'• ti) ti) (t) !" .... ~ ~ CD > :,;: ::r I-'• -{h ti) . c... 0 en t( t( ti) 0 I-'• z ..., s· ""3 ~ ~ " 0 >--3 ~ ~ 9 90 ::s :i: (1) ('") 0 ~ "' ~ :r 9 ~ ; ::s ""' ,:: 90 s· "'> ::: llQ ~ > .... ; " .,s ti) ti) ::s (1) '< (1) ti) ,. ~ ..., "" I>' a. c:, I>' 0 c:,. ::s 0 " ,.. ~ ,.. ., ('") -{_ ➔ ::i:: 11 c+:?". p, '"d g, I-'• o'., 0 p,IIQ o'-,. 0 I-' (t) ..... c:,. 0 H., n '< 11" <-. ~ ~ c+ Ci ::s 0 I>' ::n g, c+ Ill 5. ::,--~ I>' llQ " CD > ., ., ,. ~ c:, ~ .,-l ~ ~ I>' .,., I>' ;::. ,:: a. 0. ,.., '< 'O I>' g, "::s ~ ::s ::s l_:r.1 > t" m rn -:,;- ..... 0 ,. ::s I-'• I-+:, Ct :i: 0 ::s~- 0 ::r I-+:, [fl z p ~ I-+:, ~ '< ('") ➔ ::, t-3 ._ l_:r.1 () CD 0 c+ t:1 0 () 11 ~ ~ ....., -{h 19$2-;- < :;· s· (IQ F F ~ ~ '' s· 'O 'O "... I>' CT (1) 0 .., ,a;, g, ..., I>' s < :;· (IQ (1) .... ::r a. (1) ... p;· >--3 r () 0 {ll ➔ -n .... 8. 0 :i: s· ---· ,::ri ~,.= " ,. (IQ 0 ::s {ll >--3 ::r (1) ti),:: ;-::;: .... ::r ,. ti) ti) ti) -{h ('") ... ,. .... ,.... 0 ,:: I\) • ..., •0 0 -'° l g, ('") 0 ,:: ,a ~ :i: ... "r,0 llQ ::s ;:.· (1) a. �TRIAL JUSTICE COURT Criminal Docket N~ 10432 A Com'th V. ~-:r.a_;. ;.J • /(. [JJ<rt&. Defendant )I. vi,Appearance <f.. date Q - / /.l" ....'"',-2... Trial Date ~ /6- 6 ...s-i,, ~:RM to Sufficient Grand Jur,. p170bable cause - Sent on/the 106-.52 ��STATE OF VIRGINIA COUNTYOF ROCKINGHAM,To-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand body of the jurors County Co111'"'tof said do present about the Rhodes 21st that at Rhodes, against the This a witness evidence. then peace indictment 1952, feloniously on her person, term, is found sworn in Court the 1952, said Circuit County, on or in and upon one Juanita i::ith intent, her to maim, disfigure, of the make an assault, the said or disable Commonvieal th of Virginia. upon the and sent the upon their and maliciously and there, and dignity in and for and now attending December day of August, acid Juanita its of Virginia, DORABRA.DLEY,in the did unlawfully, by throwing State of Rockingham County, oaths of the before testimony of Juanita the jury grand Rhodes, to give �) INDICTMENT COliIMONVlEALTH V. 1952 Rhodes term, DORA BRADLEY Felony Dedember bill: Juanita A true 1. Attorney George D. Conrad Commonwe.althis � 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/. Title A name given to the resource Commonwealth v Dora Bardley Subject The topic of the resource Felony Assault Description An account of the resource Defendant charged with felonious assault Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1953 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_017_001 Bardley https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_012_commonweatlth-v-duane-e-sam.pdf e83f2d596f073c872e8c6ff8611f8c88 PDF Text Text COMMONWEALTH Vo DUANEE. SAM INSTRUCTIOO NOO --- The Court instructs the jury of one or more of the s ta tu tes the Roadrr or mere negligence the offense closes of reckless beyond such reckless, disregard to cause wanton injury doubt of others then you must find lk rrThe Rules is not sufficient or flagrant of the safety the mere violation prescribing driving, a reasonable that and unless that under to constitute the proof the act nature of charged disis of as to show utter circumstances the accused not likely guilty 0 �l! 1. :J �CCMMONWEALTH Vo DUANEE. SAM INSTRUCTION NOO 7 ---- The Court instructs the jury of one or more of the statutes the Roadn or mere negligence the offense of reckless yond a reasonable vehicle carelessly that of the rights likely to cause guiltyo 0 and unless the defendant and safety injury "The Rules is not sufficient and heedlessly regard the mere violation prescribing driving, doubt that in willful of others then you must find of to constitute you believe was driving or wanton under behis dis- circumstances the accused not �-1- - J " ".1 .i: e.i .a. .i: 'l :t �COMMONWEALTH v. DUANE fll IL SAM CHARGETO JURY If you find charged the accused in the warrant, by a fine of not less guilty you will than Ten Dollars or by imprisonment thirty in your discretion, or, driving, say so and fix Hundred Dollars, days, of reckless his punishment nor more than in jail for by both as One not more than such fine and im- prisonment. If you find him not guilty, you will say so and no more. ��COMMONWEALTH v. DUANE EMIL SAM INSTRUCTION The Court driving instructs of a vehicle or be likely the jury at a speed, to endanger life, I ---- that reckless driving is the or in a manner so as to endanger limb or property. ��COMMONWEALTII v. DUANEE. SAM INSTRUCT! ON NOO V --- The Court every person instructs charged Commonwealth has so clear, the jury with established no reasonable sumption is an abiding through the entire repelled instructed speculative is never for doubt, until his guilt and they must acquit him. in the stage connection that the guilt the so strong, guilto may be guilty; his the presumption left at every sufficient or conjecture until and goes with And in this O is as to his and applies of the testimony innocence; reasonable it theory preponderance his case law presumes by evidence there presumption, by proof that guilt that doubt the to be innocent his and so conclusive, of the jury until crime that minds This pre- the accused thereof the jury accused, upon or that by the is more probable has been proved of innocence is still beyond than all applies, �..., �C0}1} ONWEALTH v. DU NE El IL S H INSTRUCTION In considering burden of proving doubt, the Court whether the guilt or possible man must be proved possible doubt at jury inferences to find to create a for beyond evezy imaginable, conceivable of the proof consideration case, or of the charge, to the evidence including the natural The jury presented and reasonable cannot go beyond such nor can you go beyond such evidence of guilt. should of evidence, proof fact bear in mind that from conflicting of any particular essential and not a mere doubt concerning testimony fact, to the proof any doubt should of the guilt inm1aterial or be a doubt of the and nonessen- circumstances. If, the is a the law does not say that the jury from questionable tial doubt doubt, doubt, inferences from lack accused reasonable with its of this of a material not overlook and is not to be confused upon the sufficiency Furthermore, arising you should meaning. to be drawn therefrom. evidence that on reason, guilty must limit the trial jury beyond reasonable o In passing the the nor its which is founded imaginable of the accused instructs the word "reasonable" doubt or not the Commonwealth has met its after evidence, to prevent your minds are you from reaching the accused, If, a reasonable then the of all left consideration in such a state a convinced belief Commonwealth has failed on the other consideration and honest hand, after the evidence conviction of the truth beyond all reasonable of the doubt. of all of of doubt as of the guilt to meet its of burden. an impartial and reasonable in the case, you have an abiding charge, you are then satisfied ��COMMONWEALTH v. DUANE B. SAJ.i INSTRUCTION --- The Court instructs or more of the rules sufficient unless the of the road to constitute you believe was driving and safety then you must find that the violation or mere negligence the offense of reckless beyond a reasonable his vehicle of others jury reclclessly under doubt in disregard circumstances the accused that not guilty. likely of one is not driving, and the defendant of the rights to cause injury, ��COMMONWEALTH v. DUANE fil IL SA1' INSTRUCTION The Court is a question manner of testifying, testimony, apparent intelligence of the witnesses are for their the jury; such testimony and to give and the apparental.ndor if appearing on the stand, and fairness, any appear, trial, and what is the relative credit accordingly. their the relationship the interest on the have the right and consistency of intelligence, if any, of witnesses jury of the witnesses of the trial, of credit the credibility the reasonableness or lack circumstances more worthy that to the parties, in the result surrounding jury from the appearance of their ness the exclusively to determine their instructs of the wit- and from all other which witnesses weight of any ��2 I ��2 ~ I ��• 2 t, I ��I 4 3 Ir< b ��/0 ��~ ) ( l �f . ·Y " ... ,.... @ ,... S. P. 82 REV. tt-12-!57 ..• - . County /,/4,:_f, ., ,J 7 /4~ p Oll ~ ,?/ .,r ,,!/ /_IP //,, ,9 C 7 Reckless Drivln9JJ/,. / / ",I ,//r .,.. Defendanrs Signature ' ,,. • 4. / , / / / ,,1 -~/~-/I 1/ /? Tr ,/ / =2 place ...,,_.,, _,,. / _, .[_,,/ , .... ~/ ,I,,A • ✓• . ... , ' .3 .,5 I''t:.~ ,: , ..,,.. ',I;,,·'..--- , , z: , / ..; ,._, ,t./ i ..-MtwPM. lo answer for violating the motor vehicle laws of Virginia, to wl!: cv M'PHZone w /, Chauffeurs No Operators License D D □ llil'gal □ Summons Issued under Title 46-Sectlon 193, Code of Virginia. Failure to comply with this summons conslllulea a separate offense, specified above / --~..1· _,, Date " Cl53447 ~ / ' You are hereby summoned lo appear In the J·' .., . ,. ,, ' 1 / MPH It> a al the time J,,.-,, /7 _y-.,./ .. I hereby promise lo Jppear ,v<i.,/2/ County Court al Speedwg Other -~ ,,, I _,./ ~ Trooper Shield No. •~J - - -~ -u < rJl ...:I - DEFENDANT I RACE / / $;,,,?~L Pu,,•Ne ~ c5 ,,,-?/?7 /,./;.,...J ~R GI GI ..• r' p, A 0 ts N ti' 'ti ~ 6 =Q - .. Ooz :cE-40 GI 'ti ~ GI IC GI a:,.. Cl> o- p, CAv ..s~ ~?.s/ ~4d . I' 1/r JURISDICTION, COUNTY, I CITY VEHICLE f CITY / ,j _,.;- ~.-r-;;T/ CODE IN. MONT.H BORNI YEAR BORN I sJ. I . ./ , .,..,...._ / .- ~¢; CHAUF, LICENSE NO, TE .o/-.. .< :;:,:- .,,, ,,,. ...,,,, YEAR TYPE ,1 / li:'/, ;..,. I _f 'cf I LICENSE oqz'LJF'ATION .... -· • ( MAK~ J-,...1 -;ii NO. VH--6- .:73/ NAME I HEIGHT HAIR ,t OR TOW.N /WEIGHT[ / VEHICLE , , SEX / EYES ADDRESS 'ti c,_ e:i:c >~ All traffic fines for State violations are paid Into the Literary Fund for EducatlonaJ purposes. ,..~,,..,,,./,. .. ',"'7, "" _,,_,/,,.-_,,,.,/.,.,<' , ,,</, z \.... "zh','-'///'I jr/ ., .- --•----? C ~ ;' / C CJw-<>f ~·7 M ... ,. ..,. "'', DEPARTMENT OF STATE POLICE . , 7/. /r -,;:--;,,·,~-" YEAR I''"- 7 STATE G,/c:;. l--;. ,./ /.<-/("~- OF COURT 0 A 0 GI .. .!:1'6 E-4O~ = .! ~ ~ :c a:: u iii ► u IJ.'.Ia:,.. ~0 Oz OFFENSE DATE ts ts .s .s ii! :1 '6 • ~g ~5!3 oi:: uQ C 0 PENALTY PLEA CONVICTED GUILTY □ NOT GUILTY □ OF DATE IMPOSED LICENSE f g. uts ! - Cl> .... -- YES □ PERIOD SUSPENDED LICENSE SURRENDERED? SIGNATURE OF JUDGE SUSPENDED? NO □ OR CLERK 'fl'§ .!I 8 .a:: YES □ NO □ GI = -s 153447 NAME OF ARRESTING OFFICER TITLE OF COURT OFFICIAL DATE This abstract ls filed by the Judqe or Clerk of the Court hcrrlnq lurlsdlcllon of this caH as required by Section 48-414. of the Code of Virqlnla. as amended. I �GUi\ty ar.c1 f-;.ne the deferci.ant twenty aollars and costs. 1/~M> A11per> L notea qn t .; anted tr-~ s Co· 1·t of J:locd11 tiam County. 25tr ._,ay of \u.gust, r1-2~;-59. ;iibst:-Joof,,i; 19S9, to the Ch" ''it r �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon . .......TR.•....J ... N.•...WIMER............................................................................................................. . to appear before the Judge of the Circuit o'clock, a. m., on the ... 2.6th day of Commonwealth Court of Rockingham Oct.ob er bG4oc~41:T6-GM.H4;eH.,,-, against . County, at the Court House thereof, at 9:30 , 19 5 9 to testify and the truth to say in behalf of the .D.VAN'E.! ...JW:r:i ...$Af.L..................................................................... . who stands changed with ;n1'd-inctitred-fcn-a:- ieimry misdemeanor. And this you shall not omit under penalty. Witness, Harrisonburg, CHARLES E. EARMAN, And have then and there this Writ. JR., Commonwealth's Vinginia, at the Court House, the J.,PJ.tlof of the Commonwealth. Attorney for Rocking,ham .09..t.Ob~.r....... County and the City of the ...7~11 ~ ~ ,., £'.'." a- 184th ..i ........................ ~ .................................... .. Commonwealth's Attorney �~CUT§JY'ty{'-~.f THE COUNTY 01 ROCKINGH M BY DELIVER TRUE C PY OF TO I ROCKINGHAM COUffY �-~/ • I_ < "~ d~fh - �\I 'I ',t II '1' I+ I �COUNTY COURT Criminal Docket 29716 Com'th v. ------=-- Defendant J'..~,W, Appearance Date Trial Date 7 _~/ - A ��oc: Docket No. , :359 3tlO. COMMONWEALTH of VIRGINIA ) ) ) VS. Misdr. ( appeal) DUANE EMIL SAM ~/~ • - 1, oJ'n {X) <Y~J/ Appointed -:,. d. { ) ===========================-=---_--- 1959 September J.1+. Docketed. CIRCUIT COURT OFROCKINGHAM COUNTY, 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/. Title A name given to the resource Commonwealth v Duane E Sam Subject The topic of the resource Reckless Driving Description An account of the resource Defendant charged with reckless driving Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1959 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_019_012 Sam https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_017_commonwealth-v-edward-austin-michael.pdf 6801e342f37a4a74da022cc5811a79d6 PDF Text Text PRE-SENTENCE INVESTIGATION Staunton, Virginia February 12, 1957 NAME: Edward Austin Michael CITIZENSHIP: American ADDRESS: 1426 - 21st Street, N.W9 Washington 6, D. c. MARITALSTATUS: Single NO. OF DEPENDENTS:None AGE: 22 (Born 9-19-34) SEX: Male RACE: White OFFENSE: OFFENSE: Contributing a Minor to Delinquency of DEFENSECOUNSEL: Julian K. Hiclanan (Employed) On December 28, 1956, Edward Austin Michael was brought before the Rockingham County Circuit Court with Judge Hamilton Haas presiding. This man was represented by his own employed counsel, Mr. Julian K. Hickman. 11ichael was charged with sodomy, but inasnruch as the evidence showed that this man had merely made a proposition to a thirteen-year-old boy and did not lay hands on him, the evidence on behalf of the Commonwealth was stricken and Michael then entered a plea of guilty to having used language tending to contribute to the delinquency of a minor. The Court found Michael guilty of the lesser offense, but deferred imposition of sentence and ordered a Pre-Sentence Investigation and Report. It is reported that on May 1, 1956, at approximately 10:30 p.m. the subject, while driving north on Ma.in Street in Harrisonburg in his automobile, observed a young boy proceeding in the same direction near Cline's Frozen Custard Stand. It is reported that the subject pulled over to the curb and called Roscoe Turner, white male, age 13, over to his car and made a proposition to the lad offering him $3.00 to participate in an unnatural sex act. he lad refused and later reported the incident which resulted in the subject's arrest. PRIOR RECORD: The only prior record is reported by the Delaware Interstate Compact which states that around Christmas 1951 this man was picked up by the Wyoming, Delaware, Police on a charge of sodomy and was given one year on probation, They indicate that he had lived up to his conditions of probation. FAMILYHISTORY:Edward Austin ~ichael was born September 19, 1934, at Dover, Delaware, The subject is the second of four children born to "Whitney T, and Esther Austin Michael, The father, who is now 50 years of age, was born in Elkton, Virginia. The father was employed as a Director of Physical Education in the Smyrna High School at Wyoming, Delaware for seventeen years, He left this employment and entered the restaurant business where he was so employed for seven years, but returned to the teaching profession in 1956. It is reported that the father enjoys an excellent reputation, does not use alcoholic beverages and has no police record. The mother, who is now 48 years of age, was born near Delmar, Delaware. The mother has been employed by the Delaware State Department of Health for the past two years. Prior to this, she was employed by the Delaware State Highway Department. The mother has no police record and does not use alcoholic beverages. It is also reported that this is a very congenial family. �r J �RE: Edward .Austin Michael Page 2 ......... The subject . has the following brothers and one sister: Whitney Theodore Michael, age 26, Dover, Delaware The subject Marjorie Michael, age 18, Wyoming, Delaware Carl Small Michael, age 16, Wyoming, Delaware Neither the brothers nor the sister have police records. It is reported that the subject during his adolescence was very much overweight and did not reach complete puberty until he was approximately 18 years of age. It is also reported that the other members of the family were very athletic, but that the subject had a talent for music. Therefore, the subject was moreorless rejected by his father and brothers, but is reported to have been moreorless dominated by his mother, This lad left home at the age of seventeen at which time he enrolled in Madison College at Harrisonburg, Virginia, where he would have graduated in June 1956 if this offense had not occurred in Ma.yo It is reported that Michael established a very high scholastic record while at l1a.dison, having been on the Deans' List six out of eight semesters, This man was also President of the School Orchestra, VicePresident of the Band and Vice-President of the Y.M.C.A. As a result of this offense, the subject was dismissed from 1'1a.dison College afterwhich he secured employment in June 1956 with the Y.lllsic Educators National Conference of Washington, D. c., where he is presently employed. HOME ANDNEI- It is reported that the subject was raised in a small town, The parents own GHBOR.HOOD: a twelve-room frame house located on Pine Street in Wyoming, Delaware, This home is located RELIGION: in a better-class section. It is reported that the subject is a member of the Calvary Baptist Church at Wyoming, Delaware, and while living at home was employed as a paid soloist in this church. INTERESTSAND The subject's leisure-time pursuits ACTIVITIES: nrusic, reading and editorial work. voice and piano,. HEALTH: white residential consist of attending sporting events, He lists his outstanding skills as music, It is reported that the subject now enjoys excellent health. However, during his adolescence he was treated for approximately five years due to the improp6r function of his thyroid glands, As a result of this offense, the subject has been ta~ing psychiatric treatment under Dr. David C, Wilson, University of Virginia Hospital, Charlottesville, Virginia. Copies of Dr. Wilson's reports, which are made a part of this report, indicate that the subject has made considerable progress since being under treatment. Dr, ilson also indicates that there is no reason why this man should not remain in the community as he feels there is every reason to expect that he will get along as far as his relationships to his own sex are concerned. Dr. ilson also recommended that the subject continue reporting to his office th.Doughout this year. ��RE: Edward Austin Michael Page 3 . . . . . . . . . . EMPLOYMENT: Since June 1956 the subject has been regularly employed by the Jlfu.sic F.ducators National Conference, Washington, D. c., at an annual salary of $3,250.00. The subject has had no Military experience. P.ESOURCES: The subject has no resources. RECOMMENDATION In view of the favorable report by Dr. Wilson and also from the Delaware Probation Authorities and our own Office at .Arlington, Virginia, it is this AND PLAN: Officer's opinion that a suspended sentence in this man's case would be compatible with public interest. Respectfully 1~ yours, :I 7{~#:?' William H. Ralston Probation and Parole WHR:ABM Officer �' ) �C-0-P-Y UNIVERSITY OF VIRGINIAHOSPITAL Department of Neurology and Psychiatry Charlottesville, Virginia ~y 17, 1956 Julian Ko Hickman Hostetter Building Harrisonburg, Virginia Mr 9 Dear Mr. Hickman: Mr. Edward Michael reported to me on ~y 12 and told me of his difficulty. After talking to him I had him examined by Dro William Parson, the professor of internal medicine and also an endocrinologist, and had psychological studies made by Dr. Arthur Bachrach who is in charge of our clinical psychology division. After they had seen him, I saw Mr. Michael again. I have now talked to Dr. Parson and Dr. Bachrach regarding their findings. The outstanding findings in the case are first, that this man is very well developed. He may be a little overweight but otherwise he is in excellent physical conditiono There is no question but that he is a very normal man in all respects. The second finding was his story of his development. He undoubtedly had a delayed puberty. He was overweight and short and did not reach complete sexual change until 17 or 18 years of ageo The next finding was his story. He was born in a family which was quite athleticq His father is an athletic coach and his two brothers are definitely natural athletes. He also has quite a dominating mother who was very ambitious for her children and has been especially ambitious for :Edward. He has shown a good deal of talent in music and she has been especially persistant in her efforts to guide him in every detail of his development. The father on the other hand, has given him only passing notice while he has been very enthusiastic over the accomplishments of his other two sons. I think we can say very definitely from the history of this family that Edward has had definite rivalries with his brothers and also has had mixed feelings and relations with his parents and that this confusion has had a good deal to do with his present difficulties. In his history also is the story of his homosexual relationships of three years ago when he was caught up in a gang of adolescents. The majority of them were older than he in the beginning, but apparently they later exploited younger boys and at that time were caught by the law and he was put on probation. He has maintained his control since that time up until now, and his present solicitation is apparently the first time that he has manifested openly any of his homosexual trends. Fourth, Edward presents a front of charm and unconcern which impresses one as being somewhat assumed. This artificiality disturbs us somewhat, although it is easy to understand that he is forced to assume some such method of defense if he is to contirru.e in the community, Nevertheless it is disturbing to us when we attempt to prognosticate regarding the future. ��UNIVERSITYOF VIRGINIA HOSPITAL Department of Neurology and Psychiatry Charlottesville, Virginia -2- My conclusions regarding the whole picture are as follows: in the first place this man is by no means fixed in the homosexual role by any physical or glandular handicap. He has been forced to relate to a certain degree through homosexuality by his delayed puberty and by other circumstances in his environment. At the present time it is most important not to overemphasize his homosexuality and to lift as much as possible any taboo that there might be on his relating in other ways. Naming or condemning him as a homosexual will prevent him from making normal relationships and also heterosexual relations, and I should add here that he seems to be perfectly capable of normal relationships with women and apparently has a very close girl friend at this time. If he is not graduated or if he is excluded from the group, it will go far to isolate him and certainly will make it very difficult for him to carry on relationships. This man is quite mixed up. He needs psychiatric help and he should have it right away and in an intensive fashion over the next year or two. I believe that arrangements should be made for this to get underway before he takes up his job in Fairfax next fall and then it should be decided by his doctor whether he could go ahead with the work in that community. Undoubtedly he should be given sympathetic understanding and support rather than punishment and so-called corrective confinement. Nevertheless, this facade of unconcern which he presents makes it necessary for him to be definitely impressed with the seriousness of his situation, with his need to continue in therapy until he has worked out many of his conflicts. I understand that the whole situation has been discussed with his parents. I believe the sympathetic support of his father and mother would go a long ways toward helping him to work through this very difficult time. If they would like to talk to me I would be glad to do so, or if there is anything else I can add to this letter to help out in the situation, please let me know. Sincerely yours, /s/ David c. Wilson David C. Wilson, M.D. dcw/d WHR:ABM STATEOF VIBGINIA, COUNTY O• ROCKINGHAM, to-wit: This is to certify that the foregoing is a true and exact copy of a letter dated May 17, 1956. My commission as Notary Public will expire on February 1, 1958 ��UNIVERSITY OF VIRGINIAHOSPITAL C- 0 - P - Y Department of Neurology and Psychiatry Charlottesville, Virginia January 16, 1957 1".croWilliam H0 Ralston, Probation and Parole Officer County Office Building Staunton, Virginia Dear Mr-. Ralston: Edward Austin Michael has been reporting to my office on an average of twice a month since our first studies on him. Since that time he has shown a good deal of evidence of more maturity. He has gone along with his job in Washington and has taken part in a great many different activities in and around that city9 We have gone over his relationship to his family and his relationship to friends and also to boys and girls. He is still having some difficulty with his maturing process but certainly there is no reason why he should not be in the comnrunity and I feel that there is every reason to expect that he will get along well as far as his relationships to his own sex are concerned. I would like very much to talk to you about him if you wish to come over at any time. I expect to continue working with him. I would like to have it understood that he should continue coming to this office throughout the year. Sincerely yours, (Signed) David dcw/d WHR:ABM c. 1ilson, M. D. ��COi~"'101.J\ffALT:-I OF. VI GI 'L v. WE ~ORANDU'iCF THO TY EDVv D A JSTI J , ff CHA L The defendant Jnd feloniously attemp Roscoe Turner, tion of the commission of the by the approach i~ viola- against Commonwealth of Virginia' in this replied, case if 11 co:1tinued or statement. of age, one the . deals Of course, of the with the under this attempt, if evide~ce. defe:1dant parties years "Unlawfully +he nouth, 1950 Code of Virginia, by the boy in question and the thirteen can be found guilty The evidence asked with ly know by or with of sodomy and buggery. the defendant warranted in a warrant lA-98 of the Code of Virginia Sectjon Sec~ion to carna 18-98 of the and dignity actual charged, a minor malP child of section peace is he, the def~ndant the defendant, wanted on their way without did not touch him, and made no statement oth any further the hoy, to him other was a drag, Do you want a blow job?". ·~0. The defendant shows that comment did not than that just quoted. We respectfully of ~roving hat an attempt An attempt ital elements, attPmpt uestion, rurtherance the K. HICKMAN ATTORNEY HOSTETTER HARRISONBURG:. rime. to commit the crime to commit a crime doubt, (2) An attempt of that intent •~ one, is an a tempt There must be some physical AT LAW -1- far short of two main and by the Commonwealth t t to cayry out the e intent. An than mere prep1ration. to commit murder, poison with sur~ would contend towards BUILDING: VIRGINIA cons~sts may purchase I feel falls of sodomy was made. namely, one may have an intent crime. f the poison JULIAN the evidenc~ to commit a crime must go further o illustrate, it that lioth of which must be proved reasonahle rime in submit the co~mission act to set and in which to com- that the purchase of the in motion intended the com- �(, �mencement attempt of the consummation to cowmit a felony. or an offer is the In that into defend?nt case was not guilty a little of candy. her upon a rock sexual at the intercourse, evidence The child child and left was, we think, While it assailant to commjt the ro overt act intention of the desired result they a button have from her scene. stated The Court to convict there "fax that into discontinued "the the ~cused on the part was no overt to accomplish which reached had "gotten and the defendant showed a des5re crime, held to accompany him they snatching Court to commit rapeo and suggested insufficient rape. a present the the girl After same time protested attempted strated in effect. of an attempt induced of the mere preparation such motion the woods he seated the is that v. Commonwealth 5 SE 2d 491, the woods by the offer molesting it to set the defendant snow suit''. one can be convicted Certain insufficient In Mullens t~at before of the act which demon- Certainly ito enough towards of an there was the accomplishment to amount to the commencement of the consumma- tion." In the even within under discussion, the power of the and the defendant an overt case act consummation accusedo the boy in r.uestion The boy was on a bicycle was in an automobile, which could of the be construed crime so there could in question. to say at Page 539J "the in the is ihat crime K. HICKMAN ATTORNEY HOSTETTER HARRISONBURG, case viewing most t it of manufacturing preparation paration consists of the crime. commission, after ardent for the attempt of arranging The attempt the for spirits. preparations AT LAW BUILDING VIRGINIA -2- t c n in a light he was making preparat2on between sion JULIAN instant not have bee as a commencement of the In West v. Commonwealth 157 SE P~ge 538, this was not the Court s i o unfavorable an attempt There and the t e evi to the is quite attempt accuse a difference itself. for the Precommis- movement towards have b0en made ence to commit the the means necessary is the direct had 11 4 its ��The evidence in this case does Michael made any preparation crime. He merely obscure. asked I venture whatsoever a question, the opinion know what was meant by the a number of cases in every one of them where this towards that of the In th'? cas0 the intent o+ the of a third the court who failed to take 11 case probable of no useful cause purpose dealing he crime with be cer+ified with submit this that AT LAW to show that a cr·me by the Grand Jury; HOSTETTER BUILDING HARRISONBURG, accused. 86 VA 223, the conduct carry 195 out in the by ~ 1109; by citing the cannot be con- subject. the defendant w~ich he has heen charged, VIRGINIA -3- and there has been committed therefore, Respectfu HICKMAN the or modified he served C3~ of the warrant. K. act and solicitation towards v. Commonwealth 81 SE2d 574; number of c1ses victed ATTORNEY "but of the defendant has not been reversed Ve respectfully JULIAN overt to convict any steps the May 3, 1954. We think great at all ineffectual shown, and decisions. See Martin decided for to commit rape, the preparation The conviction who was reversed. The Hicks subsequent was clearly than design. it was presented in order s I did not knowa of !-licks v. Commonwealth 9 SE 1024, got no further party criminal lewer crime few people has had before be a direct to commit the crime accused are very attempts of the of which question I am sure ~atter must as to show that the commission there involving there the commission that of Appeals decision has held for the meaning question. The Supreme Court Court not even go so far 11 y, we request C dismissal is m no ��Commonwealth On a varr&nt v. Edw2rd Au~tin the 2ccused, dc:y came trie attorney Edward Pustin z2nce E.nd by his trial by jury sodoI'ly) after hearing consultine to submit all thereto, hee.r and determine e2se without he e ttornev dence herein with for e.n 2greed his counsel, and recognis2id weived of law and fEct the attorney and the court for the inL~tion to the uroceeded to of a jury. the conr-n.onwealtr; introduced state!nent moved the court to his Thereuoon, matters and determin2tion, this the cormnonwee..lth, K. Hickmrn. c01ru:1.onweal th consenting ~ (attempted came pursu2nt Julian and agreed for for Hicheel, attorne:r, in person, the court a felony Michael This accused, charging as evi- ~c,,,:-~/"e,'7 of facts, and the c:.ccused, by 11 such evidence of the commonwerlth~ to strike e- £as beinp- insufficie·!'J.t r.1otion the court les to 0 er included • ich counsel, motion punishme tion to su Dort the felony suE"tPined, of~ense 1isdeneanor the eccused of the accused, deferred bv the P-robation to whom the matter for of contributinr end w s thereupon twas but ret2ined found to rwrit 2nd P2role was referrec further guilty, cruiltv with 2 re~ort Officer of Edvice for nre-sentence this such purpose. Parole the of his 2nd imposition 2 tion of a minor, of such 1lisdemeanor. the fixing for consider· to the celinqueJcy plead by counsel, ch .rge of sodomy, which On further of investiga- Dictrict, Thareupon, the �accused was permitted to remain for his re-appeerance before report of the pre-sentence this in the custody court investigation at of his such future bail, conditioned ·time as the inc=y be made and considered. �TRIAL JUSTICE COURT Criminal Docket N'! 20885 A Com'th V. ~.vi . AppearanceDate '- Trial Date - ~- • ~'ufficient cause found. ~ ~- (!~~lf/JJ °"Y"&<A. I -l-1l 'Jl.f _,,-15 �... �Docket No. COMMONWEALTH VS. _:!lfJWRAN 1 of VIRGINIA } ) Felony ( attempted sodomy) } EDWARDAUSTIN MICHAEL Julian K. Hickman ::....=:::==-----=~==='---------P• Own (x } Appointed d. ( } CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co., Phila., Pa. �APA-104 JP-7SM-9-55 OFFICIAL RECEIPT FOR CASH DEPOSIT IN LIEU OF RECOGNIZANCE 1937~ K RECEIVED BEFORE THE -J.~ .....~-,4~~~~~'....._ ON THF..!)___;,,(,_y -'1NDER &L WHICH ~-.J OF OATJ!t BY S~19-107, ~ -,}~ -1._d/,-u___ ?:-<J. ..L~ INCLUDES COURT ___ FEE OF THE 19~ 1950 CODE OF JUSTICE OF _ _£.C:_,:£,LL::t!',!~~jllt::':L/.:-,:a,:;11... AT_L::~:tTO ~ - OF THIS RECOGNIZANCE VIRGINIA DUPLICATE-TO COURT COUNTY ANSWER CHARGE MADE AGAINOIT HIM· ON TH~Y FOR TAKING __ OR ~ $ ~ $/$ DOLLARS J9.£,._ t:JO ��c. A. s. No. 4 Received oL .. ~ For OFFICE OF THE CLERK OF 12659 ~ -~~~~!~:•~::=~~;,.-= -~---~ -~=--=-•--'~=- h~~•1t~~::::·· ::'.~ ·::~-j°;;;(ii;:;_=-·· -~--st• ::~?:/:a=~ :Dollan =l=~=======r:==~===:;;~=~====::====±:::=:::::~=:!::=~~ ~ I UBT I ACCOUNT I AMOUNT 1------.Hf--+,------;,r------:------A-----.------:;-----;---l-----l----1 0 Deput11Clerk �-- -11 I-,_ ..... ---- ··------- ,....,.,,,,,_..,...,,,-.,._ ;;-.,,,.._,.,-- -- ------ ✓ -7..r --- ;.;-.,,.,,.,. - ., -..r ., J""J.,-- �COMMONWEALTH ~~ VS.~~ DESCRIPTION OF PRISONER Last known address / w,e____:________.Jl---l,I,' 1 Height __[~ ~~-"-'I _ Color0..,,;tp___ Marks ~)~f2~&?~-2,L-J.-L'--IJ5_,,,._~;:___' _72,,._,___. tlla~~==MiJ~t::..:.__";t., _£:,jj:::..._.---=-c_. _ Eyec:.6-, ,nrt./ Hair~~ ---+'l,~,, Weight ,,{ / X Unt-L Age,--M,-~,4,£.1.4Date of Trial 3 - //-~/ Resul.._ ______________________________ _ ��FORM TJ e-so SETS OFFICE THE I Hand you Herewith follows: TRIAL OF JUSTICE my Check No•-+-----=--;-_..nsettlement of my account aa DESCRIPTIONS ---1-----------------------1----1 r' AMOUNT ��I, Edward Austin MjchaeJ , the accused in the attached warrant, in open court, before the Judge of the Circuit Court of Rockingham County, Virginia, do voluntarily waive indictment on the said charge of __,a~1 ........ t~e~m~p~t~e~ci~s~o~d.o~ro~Y-------------- • Given under my hand this Witness: ~6~1-h.._ __ day of _o~c~t~o_b-e_r _____ , 195_6_. �I [ �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereb • h of Virginia to summo.~--------- ' to appear be~e ___ the Trial Justice Court of said County, sitting _./,___day of to give evidence in behalf Q~ , lg,,('{, at Harrisonburg, Virginia, at the hon, of..._ _Q.~uJ_r_fh..._...c../ _______ m said County, on of that day of__..C ...~~,..o.._...a,_-tl-=.__ ____________________________ _ v. ~ Subs. Clerk 7-52-SM-Garrison �{ \ II> :::i (b 0 "O s:: r::r (fJ (b :::i en en -· ..... ~ '. . . ' . r !·: .~ IQ,.. r -~- e-, (_, n (b s:: en ..... ' -t . ..~ '5'1 ;:i. s:: n 0 ·: l z p ..... (b :,;" <.-j ::i. e. b .g -c ... .... 1-'.l SHERIFF , • • -..c:;o•+.-- • ROCKINGHAM COUNTY SON. _3.uJ.1 u> , ·"' OPY OF TH • TO ~ v 6:!:ECYT-En-f· ,?L.-&, IN THE ~~tNTY 01' ( '-ft"OCKINGHAM BY DELIVER:rl; ':'-A-TRUE ~ �- 6-1t g /4 ~t ~/1'7 I,, Nst, ,9 --{.,l,l,r,4./ /4,d,,,1 ~2~ ~ut ~.a,.;d a.-,1~ ~ ,1~tu.~ CL- ~ I ' f J .• 1,; j/ / • t_/ l1 (/ .,,l....,t.a.,(., lj ~~ C,Uwc .tp ~~ -1.,Ua,,µ.,{.t. £ ,r; du£. , _" a ",1 .aad /1_;,,Le.t do/1~ .Ailt,,d ;:t; /L<-k.? " ,;,I,,_aJ Ju_ '_;,.[de,·,/ a,,,,,,d,_ 0JAJau!l •\ 91l ~ a r.r _ • j~ ~ Jd-w_c:fu.it-~: JJ~ /) 4,-t ~~ ~L(i:C ~ {;,a ,,,(,1l CL U, ,(. / l«(,.[ ,d. I.JU} .,,YfLJ ....l~ r ,t i )vt 11 ~.~tC_!f/ -/~ -&,t.,i:,, j~lft ~ aJ.v,. ,,,,_,,,. ._Q µ t/.~ o.A .A.JJa..( '\k f, Q, ,J &tu~~t:1 tr_/JLV'Y'd - ' d < .,, I . �.......... -----· -- - -- - - ----- ~ ... ., .......... ---- _..,., ___ ,..._...,,.,, ____ ..,._______ .... ..., ____ _..... ..... "'T'".. -.,,- ..,.__ ..,,......,..,,,__~_ ------------ --- -+- �I, Edward Austin Michael , the accused in the attached warrant, in open court, before the Judge of the 6ircuit Court of Rockingham County, Virginia, do voluntarily waive indictment on the waid charge of attempted sodomy Given under my hand this J.2.ihday of November ~a-~ ,195 6 • �r �eon.-p, itorm 18 l No,,_____ STATE OF VIRGINIA To-Wit: ~¥' OF Harrisonburg f City TO ANY SHERIFF OR POLICE OFFICER: J .F. Ritchie Whereas, ------------------------------------John G. Leake has this day made complaint and information on oath before me, ------------------City Justice of The Peace of the said GoJ:im;y,tha._______________ _ (Name) _ (Title) Edward Aust:in Michael ___________________________________ did on th,~_l_s_t __ attempt thirteen against to carnally years the day of.____ peace M_ay _________ know by or with of age, the in violation and dignity _,·n , 19~: mouth, of section of the City the said GamotJt Unlawfully and feloniously one Roscoe Turner, a minor male child 1e-98 of the 1950 Code of Virginia, Cormnonweal th of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham Trial Justice Court of ~ County, the body (b~ of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon color Address--------------- □ color Address ---------------□ color ____ Address --------------- □ color ____ Address --------------- □ color Address --------------- □ as witnesses. Given under my hand and seal, this,__ 2_n_d __ day of____ . ....,Mc-ay--=------------- ~:::~~. Pdit!e of Issuing JUS!ICE Officer) OF THE :PEA.CE 19 56 (Seal) �STATE OF------------------~ OE VIRGINIA-COUNTY I. ------------------ to-wit: Trial Justice Justice of the Peace a in and for the County aforesaid, State of Virginia, do certify that and -------------------------. to the Commonwealth as his sure.__ ____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of --------------------------------- ($_______ ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to Circuit Court be rendered, yet upon this condition: That the sai~-----------------, shall appear before the Trial Justice County, on the ________ day of____________ __, 19__ , of----------------"-----at ______ M., at _____________ _,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said -----------------,------,--shall keep the peace and be of good behavior for a period of __________ from the date hereof. Nonappearance shall be deemed to constirute a waiver of trial by jury. Given under my hand, this ________ day of ______________ _ days ,19 ___ T.]., J.P. t"1 n0 .. "' .. a "' X () n 'Il ~- () 0. \ 0 < !" ... C: ;. .;· 5" ;. () p, '\ ~ I -.t:: * t, :i: ~ > ~ ~ ~ > (') ~ t.:r.1 (') '"i z1-3 0a= z s: > i::: 0 0 c+ ~- > ~ ~ Cll ~ 0 z 'Il 9 t.:r.1 ~ > t"" :s: t"1 I-'· U) o-3 C) '"i :i:: ::r 0) <1> ~ I-' ~ n0 'Il 5· .. o-3 0 ~ () UT C: .. El El 0 El El 0 ::l n 0 ~ () ::l a;. oq .. :+ o-3 0 ~ ~ "' > ... 0 ... ::l () '< 5· ~ ::l () "' "' "' () g ; n;.--~ ... 'Il () () ;,;- "' "' > ::l :::: "' 0. ~ ► ;.- ... ... 0 oq ~ 'O 'O "' "' () () () () ... "' r::r () .... 0..., () ::l 0. "' ::l n() to 0 ... "' 0. () ;. () ::u 0 Cll o-3 ... n C) ;;· ~ tll 1-3 ~ .. 0 ::l ~ C: ;:i "' C: OQ () ~ 0 • V1. 0 ~- ; () <1> '1 N 0 -n g.::;.· ::r '1 .... £. ---·s· 0 0 <1> o-3 ::r () "' "' () . I--' V1. 0 I\.) n0 . "' ... ~... ... 0 .., I\.) C: 0 0 r n0 ... C: ::l ~ - () () () n 0 OQ e. N () 0. �COMMONWEALTH v. EDWARD AUSTIN MICHAEL STIPULATIONAS TO THE EVIDENCEOF ROSCOETURNER It is stipulated at approximately cycle in the middle distance traveling that 10:30 north that of North Main Street; Frozen in the same direction, asked to which the defendant job? I will pulled 11 right his vehicle; that Turner wanted a Do you want a blow 11 did not attempt defendant did not touch defendant made no statement continued on his to crowd Turner other bike; into or in any way molest to Turner bi- hand side; the defendant No. his Michael, replied, That the defendant defendant ment. up on his To which Roscoe Turner 'No. ,, stop that when he was a short Edward Austin if replied, you $3000. that Custard, the defendant drag, give would testify P.Mo on May 1, 1956, he was riding of Kline's Roscoe Turner Roscoe Turner that the curb; Turner; than did not the that the and the the quoted state- �;- _,_ 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/. Title A name given to the resource Commonwealth v Edward Austin Michael Subject The topic of the resource Attempted Sodomy Description An account of the resource Defendant charged with attempted sodomy Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1957 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_018_017 Michael https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_013_commonwealth-v-edward-lewis-shifflett.pdf 34a43675bc1cc40d5bae7a6c6a67d280 PDF Text Text COUNTY COURT A N<! 43995 Criminal Docket Commonwealth V. if;Jk~~) efendant Ji1/!1U V Appearance Date Trial Date (: !J(q/'I t) T-! 9-G·~ 9 - :;."7 - t:, a -3(, J~ ·t 9-; 1- ti- J 1?fv ~, »f~• ��Comp. Form 18-150M-2-l-63 STATE lr OF VIRGINIA Xlli:m.WJr:l.OF Harrisonburg No. _____ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: James Whereas, R. Sipe has this day made complaint and information on oath before me, -------------------- Justice John G• Leake (Name) City of The Peace of the said GcJaoty,tha~-------------- (Title) Rockingham Edward Lewis Shifflett did orythe kill 17th and murder day of~ ____ A_u~g~u_s_t ______ one George Pickett Shifflett, t:im:la:id County -----~·n or about , 19_fil_: against the Unlawfully ___ a_nd_f_e_l_o_n_i_o_u_s_l~y_ peace and dignity of the Commonwealt.1 of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham County Court of ~d County, the body (~ of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color ____ Address color Address ---------------□ color Address □ color ____ Address ----------------□ color ____ Address ---------------□ as witnesses. Given under my hand and seal, this __ l_9_th ___ day of---..--7"JA_u_g_u_s_t________ MILL __, 19~ (Seal) �STATE OF VIRGINIA-COUNTY OF ------------------------, I. a to-wit: Judge of rhe County Court Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that and __________________________ to the Commonwealth ($________ as his suret _____ 4 , have this day each acknowledged themselves indebted Doi la rs of Virginia in the sum of-------------------------------------- ), to be made and levied of their respective goods and chattels, lands, and tenements be rendered, yet upon this condition: That the said _________ .___________ County, on the _______ of _ to the use of the Commonwealth to Circuit , shall appear before the Court County day of _____________ _ 19__ , at _______ M., at ----------------,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that ___________ days the said -,--------------------shall keep the peace and be of good behavior for a period of from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this ________ day of _________________ , 19___ _ Judge. J. P. ~ ("') 0 ~ u, ~E ~ .. 'T:1 s· ,.. \ t~' <: c+ c1- r-3 ..,. ::r.,...e-' '"$ l'!> (l) 0'-1 I-'· i..J ::i ~ \ ~ \._. ~~ ,, ~ , C: . ~ j's~ \,.) " ':r ~ ' ·;= ~ 3-, \" HJ ~ 0 t-'· ~ ~ Ill >-l ~ I-'• H, 0 ~ :::r' 0 ;i a cr' o ru t+ "::t p-' f-'• H, H, 0 (D (D () c-t- t-'·1-' ~ ~ t ~ t%j > t"' >-,] ::i:: I-' c+ J~~ 0 z z :s: p 0 :::0 t-'• :::0 [Jl tTJ r.n C/l >-l c-t- 0 ,; ~ ~ /!) s:: 0 ::, z 'T:1 0. ::1 t%j (') ► ~► (1) ij ~ o.s. ..... c+ X ~ ao ::, 1\.) (') :::0 ,, ro t-'· I-' I-'· :,;;- --.J ~' ~ 0 fJJ L-J ' ~ I-'·""? ctp-' tn rJl ,.., 0 ~0, ~ >- ,.~ OQ t, 0 ~ u, ::s I-'• p. '.:l c:..; 0::1 ~ ;:J l'D 'i !" 0. '>g° p. < ~ ,.. ti Ii e. .«> (I) ' 1-'·Al ~ ~ ~ ~ "'j tTJ X ,.. n ;J R 0. p., ® '< (1) 8., ~ '-r1 5(1) (iQ' ::,- >-l 0 g_ ~ g_ (") * 5· l)Q (") 0 i3 i3 0 ::, ~ (1) '-r1 (1) (b e. s- g?- ~ (1) ~.... ~- ::, :::;:i (1) ....__"' '-r1 ~ ~ ;.., l)Q (b (1) (1) ~ (JJ "' ., g l)Q ~ "' r. 0 i3 i3 Q -t::I ;:,.... :,,- ~ -'-i .... [ .,.Q .... .... ., g [ -·- g c.. ~ 'O (1) .,::, a.. ., ~- g_, 5· F. < 0 ., ~5· ., q (1) < '< 'O 'O .,,., ji' (1) ;!; er (b o' 0 ;;; '"" .,,,, ?; 0 s- B (1) (1) '< >-l ::,- .~ 8 (JJ >--l (1) (") 0 C: 0 (JJ ::, ~ ::, ;. <ch (") g. 5· ~ Oil ~ s· r i:: ~ ~ ~ \) (/' \ ~ ;::;· 0 ::: 0 .... r ~ i:: 9 .."' (b ~ ~ (b ;;; ,., (1) 8 l)Q ::, ;;· a. "' �Comp. Form 18-150M-2-l-63 l STATE OF VIRGINIA COUNTY OF _____________ f No ..______ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, ---------------.-----------------------has this day made complaint and information on oath before me, --------------------- (Name) of the said County, tha.._ _______________ _ (Title) ________________________________________ did on th~ _____ in the said County day of_______________ , 19__ : Unlawfully __________ _ These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said, County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to Jaw. And you are also directed to summon: color Address -----------------L color Address ---------------- □ color Address color Address ----------------□ color Address O O as witnesses. Given under my hand and seal, this,_____ day of________________ (Title of Issuing ~ Officer) 19_ (Seal) �City OF VIRGINIA-CQUm'Y STATE I. Jr ,,.T 2.s c :11Jur ,... ----------------------, n r;. I,e• 1 l<.:e :Jmt°M::OffflieC~ii'fyC.cduM:in and for the ~y -------------------a that Lucy : . Justice of the Peace _,-'c-::'.'..:oyd s:_iffle ,s·~., 7500 • 00 ), to .,~ .,~ f-~le:l:::b ~c'uard ~oc 1:inf h • m of---------------------2. P M ., at H -"r:' s riburc-at • F State of Virginia, do certify as his suret_~J~e"-S=----, have this day each acknowledged ·'t'vnncr ,-'") 'F'TV , TTTJJ'""IJ:ST)- be made and levied of their respective goods and chattels, be rendered, yet U!'IOnthis condition: That the said araresaid, . and _....,,.--.-----=-------=--=---:---c=-==-___,--,---,---------,---,-,---,c~~~ 11ill: 1 C c 1,ifflett " ev ci, • ,..,,.,7 111 "'"-r to the Common~•ealth of Virginia in the sum of' ~ ':\TP. ($ t~rt ~I~ OF T ev1 S 8 1 ". County, on thC----~-- -- - - - -- themselves indebted - -- -Dollars e -- land~, and tenement~ to the use of the Commonwealth fJett 07th , shall appear before the day of ,..,eV\tem Cil;Xot County to Court r , 19~, 6 ") · may b e continue • d ,Virginia, and at any time or times to which the proceedings or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed 0£ or until it is declared vojd by order of a competent court; and upon the further condition that the said -,----,---,-----------------shall keep the peace and be of good behavior for a period of ----------~ays from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this __ 2_._,,_.~_d ___ d,y of 'l 0 USt .;tL , ~,:', ~.J.P. ;:. "' (') 0 :! U) tTl >< ,., "' C: ,., 'O p., ,., 0 C ~::, i:,...,. "' 0. < !" ;; ;. :r ... tn· "' ► ~ ~ ;. "' >4 p., "' 3 5· s· ::s 0 g, ;. ~ ~ > "' ...... li<j" :r 5· °" "'1 (0 (0 Q 3 30 ::, ~ n, ., e: ?:- V, :r .... "' ~ ~ ., °" "' ~ s "'1 Si ---.."' ~ .... n, V, n, °" ..g ~ ~ Q !. 0 Pl ;,;- .. tl:l ....: >-1 .... ~ ~ ., '° I p., '< 0. g, .... "' g 'O ::, "' .. ~ e. (0 p 0. ::t, C ::, p... ~ .... t_%l .., .., :x: ::s ~ n, ~ ~ (fl 5· -"' p z > t"' tTl ~;. ., oq a: 0 ',j :r ~ .., t_%l (') z.., 0a: z ... p., (') ► p., ,., t:, 0 ~ .. p... ··'< < c§' 0 5· ..... __&i' .. < i:;· 8 .; 5· °" 'O F" i.... ~ CT' n, a' .... n, ..... 0 "'> 5n, 8 .... ::, n, '< >-1 t:r n, 8 ~ V, >-1 V, 0 (') (') 0 C ;:;· ~ ~- ::, ::, 5- .,.,, Q C ::: a, .... \D l Q §: [ 5· °" ~ ;· ll :l ~ n, n, .... .... (0 ,., 0 C ::, °" 9 n, ::, ;:;· p... �COMMONWEALTH v. EDWARD L. SHIFFLETT INSTRUCTION The Court instructs degree is any willful, human being the Jury deliberate by another I that murder in the first and premeditated killing of one with malice. Murder in the second degree human being by another with malice, is the willful but without killing of one any deliberation and premeditation. Voluntary manslaughter human being by another engendered or brought without is the intentional malice, killing in the heat about by reasonable of one of sudden passion provocation or in mutual combat. Involuntary contrary unlawful, a lawful manslaughter to the intention but not felonious, act. is the killing of the parties, act; or, of one accidentally, in the prosecution in the improper of some performance of ��COMMONWEALTH V. EDWARD L. SHIFFLETT V INSTRUCTION --The Court instructs in Virginia In order burden offense burden is presumed to elevate of proof the jury that every unlawful in law to be murder in the second degree. the offense to murder in the first is on the Commonwealth; and in order to manslaughter, homicide or to show a justification is upon the accused. degree, the to reduce the or excuse, the ��COMMONWEALTH v. EDWARD L. SHIFFLETT INSTRUCTION The Court instructs evidence in this degree, relies inflicted the law presumes and the Court is upon the defendant defense to take in the case, they believe instructs from the the defendant, blow upon George Pickett him to be guilty to excuse of murder in the second if the defendant or justify the killing, the burden supporting evidence to introduce the jury whether consideration that that or not the plea by such supporting into if doubt that the mortal and in deciding is established of the jury proved further upon self-defense in self-defense; that case beyond a reasonable Edward L. Shifflett, Shifflett, the jury all evidence, the facts it he acted of selfis the duty and circumstances both by the Commonwealth and the defendant. �., �COMMONWEALTH v. EDWARD L. SHIFFLETT INSTRUCTION --- The Court instructs deliberate intention prior and premeditated to kill to the actual some deliberation purpose should the jury killing, exist killing; that it to constitute is not necessary for any particular it and premeditation at the time of the killing is only necessary length that given by the accused a willful, that the of time there was to his or at any time previously. ��COMMONWEALTH v. / EDWARD L. SHIFFLETT J___ INSTRUCTION The Court instructs constitute a technical in the foregoing sense, and includes but every unlawful will denote an action flowing motive. with such circumstances and cruel act regardless malice against and revenge, It is not confined but is intended intention, as to carry of social is implied another or implied. hatred persons, and wrongful to of murder is used in from any wicked and corrupt indication of a heart har/7? on ·~~ therefore deliberate necessary express not only anger, and unjustifiable mind and purpose has been attended bent malice definitions to any one or more particular with an evil plain that the crime of murder may be either The worJ "malice" ill the jury motive, to to done where the act in them the duty and deliberately by law from any willful, however sudden. ��COMMONWEALTH v. EDWARD L. SHIFFLETT 0 INSTRUCTION The Court proof to the contrary, use of a deadly serious instructs bodily weapon, injury. malice the jury that may be implied when used to cause in the absence of from the deliberate another death or ��COMMONWEALTH V. EDWARD L. SHIFFLETT 7 INSTRUCTION The Court injury is committed feloniously the jury when one person and maliciously another, intending or kill such other. person instructs thereby and wilfully, either injury but not maliciously, to maim, disfigure, disable or kill bodily is committed to another intending wounding wilfully, to maim, distigure, wounding bodily malicious unlawfully, wounds or causes Unlawful wounds or causes that to disablewhen one unlawtully thereby such other. injury either or ��COMMONWEALTH v. EDWARD L. SHIFFLETT INSTRUCTION The Court instructs a malicious kill, cutting, and unlawful presence or absence the jury with intent cutting, of malice that the difference to maim, disfigure, with like intent, on the part depends disable between or upon the of the accused. ��COMMONWEALTH V. EDWARD L. SHIFFLETT INSTRUCTION The Court instructs intend the natural and probable the jury that consequences a man is presumed of his act. to ��COMMONWEALTH v. EDWARD L. SHIFFLETT INSTRUCTION In considering burden of proving the guilt the Court instructs "reasonable" nor its guilty doubt, must limit the trial of this ences Afii8JISt-. its consideration case, including he +6 the jury from lack of evidence, proof If, the evidence, after your minds are left a convinced then the Commonwealth has failed If, consideration conviction all on the other of all the evidence of the truth reasonable doubt. hand, bear presented in mind that at infer- of the accused of of of the accused, burden. an impartial in the case, of all doubt as to pre- of the guilt to meet its and circumstances. consideration in such a state or from be a doubt of a and non-essential belief any doubt testimony should and honest of the charge, of the charge, and reasonable of the guilt after doubt. of the proof fact, immaterial a reasonable you from reaching or possible from conflicting to the proof or re-jron-J, should of any particular essential with imaginable to the evidence f-he the word a man must be proved the natural c/,;;twn doubt, doubt is a doubt which conceivable upon the sufficiency not a mere doubt concerning vent A reasonable imaginable, Furthermore, fact you should not overlook for the law does not say that the jury questionable beyond reasonable and is not to be confused In passing material that meaning. beyond every arising or not the Commonwealth has met its of the accused the jury is founded on reason, possible whether and reasonable you have an abiding you are then satisfied beyond �. ( �COMMONWEALTH v. EDWARD L. SHIFFLETT INSTRUCTION The Court is a question witnesses exclusively on the stand, and consistency their apparent the witnesses witnesses result instructs of their circumstances their or lack they if any, which witnesses are more worthy weight of any such testimony apparent candor and from all the jury of credit and to give and fairness, the opportunity the relationship the interest of the the reasonableness of intelligence, speak, on the trial, of witnesses and from the appearance their if any appear, appearing the credibility manner of testifying, testimony, to know whereof of the trial, that for the jury; intelligence to the parties, the jury of the of the witness other in the surrounding has the right to determine and what is the relative credit of accordingly. ��The court instructs the jury that in order killing to amount to murder in the first involve on the part tion of the defendant and premeditation, with malice the Commonwealth has not proved doubt, then the defendant cannot degree for the it must wilfulness, delibera- aforethought, and if such beyond all be guilty reasonable of that crime. �lio �The court instructs the jury that in order for the killing to amount to murder in the second degree, invmlve on the part necessarily • of the defendant deliberation If the Commonwealth has not proved able crime. doubt, then the defendant malice, it must though not and premeditation. such beyond all is not guilty of that reason- �~ �The court killing on the part but without passion, all the jury to amount to voluntary must involve act, instructs and if reasonable of that crime. malice, that in order manslaughter, of the defendant an intentional such as upon sudden heat then the defendant the such killing the Commonwealth has not proved doubt, for cannot of such beyond be guilty ��J) The court instructs the jury killing to amount to involuntary involve on the part to intention, felonious act. a killing crime. doubt, for the it must contrary of some unlawful performance If the Commonwealth has not proved reasonable that or in the improper in order manslaughter of the defendant in the prosecution act, that then the defendant but not of a lawful such beyond all cannot be guilty of ��The court in Virginia In order further is presumed to elevate the burden of proof reduce instructs the offense the homicide to murder in the first degree, is upon the Commonwealth, and in order or to justify is upon the accused. to consider all by whom introduced, and ascertain guilty and if or innocent, homicide to be murder in the second degree. to manslaughter, the burden of proof duty of the jury the jury that.every guilty, It is, or excuse however, of the testimony, therefrom to the no matter if the accused of what offense. it, is ��The court to surmise possibly instructs that the licks or probably Shifflett, but you must believe doubt that ba.ows before you can find h rla struck did result a reasonable (nq the jury 1/J / Je,-_ r that it is not sufficient by the defendant in the death from all of George Pickett the evidence the death was the actual the defendant might or guilty f beyorul result f>1...,,. of the de r @ /"\ ��The court further instructs the jury is unjustifiably~ assaulted have to retreat, force by force reasonably taking but may stand his of the life to repel he does not as to him may seem the attack, of the assailant. if one ground and repel and may use such force necessary that even to the ��The court instructs the jury more than one assailant,the upon the hostile appears either- to him that acting together bodily injuryo slayer demonstration them, and to kill that has the right of either one or all they were present to take his where there life to act one or all of them, if it for is of reasonably the purpose or to doh~ and some serious ��7 -The court instructs the evidence Shifflett stances that brought him great Shifflett, bodily such design into out afterwards there were circum- immediate for believing defendant, harm, and there that or that is excusable, the defendant or to do him great the defendant. then, although the appearances on the part as to afford that or to inflict under personal on of carrying these cifcum- it may have turned were deceptive, of George Pickett the said with others, was immin&tnt danger execution, from or George Pickett or he in conjunction was no design must acquit Shifflett grouns him, the said the killing if they believe by them of such a character a reasonable to kill that did any act about George Pickett stances, George Pickett with others, the defendant designed the jury and there Shifflett injury, to kill and the jury ��J The court danger, if any, consider instructs in other words, to be tried as they reasonably that in passing was exposed, as they reasonably and draw such conclusions as he could reasonably is entitled that to which the accused the circuJnstances the accused time; the jury have drawn, the court instructs and judged by facts appeared you will appeared from these situated upon the to circumstances as he-was at the you that the accused and circumstances to him aBd not by any intention may or may not have existed in the mind of the deceased. ��The court instructs the jury --/4,Mlt' threats o/ if they believe were communicated.A which he believed, terial whether their influence cerned. that accc..r ✓ ~ the threats were true upon the action it or false, of the defendant that is imma- so far as is con- ��The court reasonably him for bodily for his instructs apprehends the purpose the jury that another of killing harm, then such person own necessary that when a person intends to attack him or doimg him serious has a right self-defense. to arm himself ��The court evidence accused the jury instructs to disclose the jury any other is not a circumstance in determining until to be prejudiced to any other his his own innocence agent; agent than the or not he is guilty of the The prisoner is established, by the inability criminal criminal of the by whether guilt the failure which may be considered crime where\'1i th he is charged. be innocent that is presumed to and he is not of the Commonwealth to point nor is he called by naming the guilty agent. upon to vindicate ��The court of suspicion, of guilt, unless further no matter and that the fact of his innocence guilt exclusion consistent ( the jury how grave the accused doubt to the actual of his instructs that or strong, circumstances are not proof must be found not guilty is proven of every beyond every reasonable reasonable with the fact proven. hypothesis ��COMMONWEALTH V. SHIFFLETT CHARGETO JURY If you find murder, as charged with malice meditated, you will and that at death, If you find than twenty with malice aforethought, for not less If you find him not guilty of murder in the second degree, without malice on reasonable of voluntary in the penitentiary he killed actual for not less than one nor more than five at confinement in the penitentiary years, or, exceeding one thousand dollars, one year, or by both such fine Shifflett, of maliciously with a knife, find with intent nor but find say so and fix his than one by a fine in jail of not not exceeding and imprisonment. cutting him years. degree, for not less or by confinement of murder or manslaughter, but and wounding George Pickett to maim, disfigure, ~ at confinement manslaughter, in your discretion, If you find him not guilty find him guilty you will of murder in the first punishment five combat, you will nor upon sudden and fix his punisµment manslaughter, in George Pickett manslaughter of involuntary was years. degree, or implied, nor of voluntary it at confinement nor more than twenty him guilty for find him guilty or in mutual of murder in the second degree, and but that provocation, If you find him not guilty nor more than degree of murder in the first but that aforethought, and pre- in the indictment, then you will and fix his punishment than five I years. the same was committed and premeditated, of in the penitentiary as charged the penitentiary guilty deliberate of murder in the first or by confinement of murder in the second degree, heat, it was willful, of murder, deliberate guilty the murder was committed him guilty not willful, Shifflett and that find him guilty or for any term not less and that Edward Lewis Shifflett, in the indictment, aforethought, fix his punishment life, the accused, disable or V ��kill, you will penitentiary twenty say so and fix his for a period punishment of not less by confinement than three years in the nor more than years. If you find maliciously unlawful cutting cutting his punishment not less him not guilty or wounding as aforesaid, and wounding with a knife, by confinement by confinement in jail not· exceeding exceeding hundred dollars. If you find but find you will in the penitentiary than one year nor more than five of murder or manslaughter him not guilty, five years, twelve him guilty of i in your discretion, months and by a fine you will of say so and fix for a period or, or not say so and no more. �.,. . \ � 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/. Title A name given to the resource Commonwealth v Edward Lewis Shifflett Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1964 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_021_013 Shifflett https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_012_commonwealth-v-edward-lewis-shifflett.pdf 7da9da213d344c040af8599bbe24017d PDF Text Text Docket No . .1// 0 &; . EB COMMONWEALTH of VIRGINIA ~ ~~ VS. B no ~ ) #1 ) Felony (murder) ) /i EDWARDLE\'/IS SHIFFLETT Wm. C. Preston, ------~Own 1963 Ott. -~ ( JC) 21. Return ( ~f, ( cl ) of Grand Jury. 11/117 Oct. 21. Accused arraigned and plea n. g. Set for Dec. 24. 11/!!'f Dec. 9. ~a1,~ Charlottesville -------~P· Appointed ~ A~ ,~~ ei~ 1964 Feb. 24. J;,~. f. Continued to February Term, 1964 on motion of counsel for defendant. 11/144. Continued to March 9 on motion of accused by counsel. 11/161 J--:---r. ~1 _c~~~/;-u_~. ~~ !'~, 11~./o.7~~· ;/,_r~ ,,,,,;,J ~ ;:,,...) µ. ~ b,- b- G-,._,,, ~. C4-~. 1~~!'1-~,,,tA;r~~'}La ~ ~~I.._. µ- ',,(_ _ ~ / t" ~. ·.,,,1 It ~ ~-~ ~':1::::-,.. 'I--~~ ,U,1.- ~~ !.!--r6 ~ . "IF~ ~-e~/I /I~ = ~ CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �"" ..z ~ II .. 0 z z"' < 0 • • 0 "' 0 .. :r .. ' .... " ;: > "' "' �.0 0 .0 0 T .8 0 .8 0 .40 .8 0 1 ..60 .8 0 .8 0 2 .0 0 .8 0 .8 0 ..40 1 0 .0 0 T ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ................ J ames .._A•...Roberts ....................................................................................................................................... . Velma Roberts to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth .2.1.s.t .. day County, at the Court House thereof, at 9:30 of .....O.ct.ohe.r ........... , 19..63.., to testify and the truth to say in behalf of the before the Grand Jury, against .............................................................................................................. . Edward Shifflett who stands charged with"fttltt-iftffl.et-es for a felony And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's RY~Q~1~·. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the.~.?.~.~. of ......~.~P~.~~1?.~:i;: .................... , 199.3-..., and in the of the Commonwealth. •••••• ~~~·································· ~• • ,cf, 0 18.8.t.b..year Commonwealth's. Attorney �:-:-c_ ~,f._7:-_?,,/... I, THE rou~rfy F 1· • :·. ;·, ~ ..•..',•\ BY DELIVtR G A UE ·[,'.c•-: !:f.l.1N E/ECUTE~,?. THE C BY DELIVER! ROC 'INGHA,A CO I~'.: Y..IT!·'I~ d7.~m~?.'.:io:".7.. ~K-.1 .. «~ .. ••. ,/J,L~W~o/~·: B~~---~~- . .... S. R. C. .. D.S. R. C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Officer Noah W. Helsley Officer Harold Wright - Elkton ····················· ...... ····················•·················•······································································· ••••••••••••••••••••••••••••••••·········•••·······•····················· - Elkton Va. '····················•···········•······························· ••••••••••••••••••••• Va. ., ·····························•······•·•··•·····•···••••·••••••••••••••••••••••••••••••••• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..~J~J; day of ......9.~.t.9.1?~;1;' .......... , 19.9..J.., to testify and the truth to say in ~ehalf of the Commonwealth before the Grand Jury, against ............................................................................................ •.................. . Edward Lewis Shifflett who stands charged with Xlrdt1udmtMkfoca felony Jllkuxooimut And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ...8t.h.. of ........O.ct.ohe.r........................ , 19..6.3..,and in the of the Commonwealth. .1.8.8.t.b year �r • ti " • , •• , A.L .. • • • • • • • • • • • • • • • • • • S. R. 1:XECU:~D/ .' .-/.p~/IN THE OOUi'..f~y'S ROCKINGHAM. BY Dt:LIVE~ING A TR0.::. ?I~.,..-..,. COPY OF TH::: TO • IN PERSON• STRAWD~P~~'\ • . . . . . D. S. R. .,,.,..,• S. R. C. . •· •, · · £X€CUTF.OI.O. .-,I,?:<--: .<.INTHi COUNTY~:, .OCKINGHAM BY t>Et.lVERING A TRU~ V -:-~,;:"~. -L COPY OF 1Ht= WITHIN -~ TQ/«:~J?.?:0~. IN PERSON. '.~ IL:SlRAVlf"r"l""" . . . • •-: .................... By �fr In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . .................................................... Anna .. Mae .. Shifflett ..-...Rt •...113.,...Elkton., ...Vir_gin.ia ......................... to appear before the Judge of the Circuit Court of Rockingham County, at the Court Ho~~~~· 9:30 o'clock, a. m., on the ...?.~.tJ::l day of .......f.~1?.r.~9:.r.Y ......, 19.f>.4.., to testify and the truth to say in behalf of the Commonwealth ~lhiK&lffla1XJutJ, Edward against .............................................................................................................. . Lewis Shifflett who stands charged with and indicted for a felony :mudeHJeXDl:lX. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ..J.J.~.Pof .........f~J;u:µ_ax.y ....................., 19...64., and in the 18.9.th. year of the Commonwealth. ···~·········~······················· ~~' Commonwealth's Attorney �EXECUTED. J.LJ-:ftH.. IN THE COU, TY 0 R''CKI GHAM BY DELI ER!NG A TRUS COPY OF THE WITHIN ,,/2:z,·.....-....... .-.1-;.-. -:-- . 'Pl'/. _/> , OL/ v.,..,_....v J , • • IN PE!-< ..S'.,N. •••••••• By ..... a •••••••••••••••••••• , .................. • • ~ • (/~/ ?~6 / .,,- .C. • l.~ ! S. R. C. D. . R, C, �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham ~u are hereby commanded County, Greeting: to summon----------------------------------------------------------------------------------------------------------------------------- /~--------~-~-~----~-~----~-~----~~X'?.?_~---~---~/?_ ___ ~~~-~-~~-g-~~l_ll ___ ~~-~~?;J~~---~Q_$_p_t_t.~J_, p-~_, __Dr_. ___f._!____ ~_! ____ ~y~-~~------~---~;rgJ~_$._$_~_QD_~J .. ~~Jl9.Jn_g_, to appear before the Judge of the Circuit Court of Rockingham ___ liar.ris_onburg. ____ tta;i;-x_i.s_onb_ur. County, at the Cou _____,...._ ._~.,___~-- ____________ _ ----- , at 9:30 o'clock, a. m., on the __ ?{tJ:;hday of ______ f._~1:?_r_ya-,;y _______ , 19 ___ 6.4,to testify and the truth to say in behalf of the Commonwealth .bmoccud:kttxkxDdo!DJ, against --------------------------------------------------------------------------------------------------------------- Edward Lewis Shifflett who stands charged with and indicted for a felony IKiliihKKoox1x.r. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the.J}~_b of _______ f~_RJ;'.~_{:IJ;:y ______________________ , 19 __ 6-4__ , and in the of the Commonwealth. _1_89.t~h year �Executed on th/~Y 1 1HE C .:·· ci J. ~ R. ~- 17,f( i;" t J C•• ....... DEPUTYSHER!W' c; r,. " :;;,. !·. .......... o.·., ,.,, the County D. 5. R. C. ..... SV DELIVER! :2-(r,(ytN i...1 19.. ~-·"'r; ·,;·, 0n • .~~/. .. ..WD• . /0 ·,:r•· .~ :72 t° \A}iT ~XF.CUTE0 ROCKING 1AM n of ......~·········-····• Ro~\;1~;:;•~~:c,ll'.:giz:t~~b~~cc,z fii:dir:gh~th2~e,o;-2:-:yc·:~-.-rj.•-.::....::u~c;~/ true CCiJYOfth~ r J:':c r·1::;.::--••·?:J -;:, ·:~.~~_;~>:,-:~:to~~~~:~ c_,1.!/, !_:.. _,_j ~~ rlocr of i~ ......L.:::u!..;::\~c8c;' r::_,·:c...J.. •• .J.,.:LkJ...:..i:-t ..,<./.&~ ·······+·•·······,,..,,.···,····A··t-·;1:,4;~RMAN················-· iIJ~ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Chief R. L. Deeds Jr. ·······························································•··································'············································································ ••••••••••••••••••••• .................................................... ~.~!~~·~·~···~.~~~...:i!..· ...II~.~.~~.~Y ........................................ ~~>)'~,·· . Y >i'[<91l'~ •~O\ ..... ........................................... ()f~~cE!rJ:Ia.1'().ld(; •. j,jrigl!t·······························;{ .. . Deputy ~l,e:r:i_ff ,\ubrey 1", ]lurr_i~q: ··•··················································································································································· ; .?,~'tt~J;)·.• ••••••. ··~·~"-···:x;··-;······· . ✓1<('~/ <? 1 .:r: .\.:•:,,-/ .••...•....• County, at the Court House-rnfu~f, at 9:30 ····················································································································•·······························•··•····· .. to appear before the Judge of the Circuit Court of Rockingham z· .· o'clock, a. m., on the 24th .. day of .f~.b.+:µ.ax:y ............, 19.6.4.., to testify and the truth to say in behalf of the Commonwealthxrioaar.:xmx~ against .............................................................................................................. . .................................................... Edward ...Lewis ...Shifflett ...................................................................................... . who stands charged with and indicted for a felony~-. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, thelJt.h. of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- of ......f~.bx:u.a.ry. ....................... , 19...6.4.,and in the 18.9th. year .... ~~k...................... . ~ .(o {) I • Commonwealth's. Attorney �EXECUTEDi✓-.<l~~/.IN THE COUNTY OF ROCKINGHA,\1 BY DELl:ZERNG A TRUE - THE-J''0 17-HIN,, .............. U!,n-~,,r••.,,-~ COPY OtTo. rx,,i/. .. IN PtRSON. ~:,..0:..f ~-......... (/ A. L STRAWDERMAN . . . . . ·.............. r, By A /j ·.. L 1' . EXECUTED71!.-f !I . . IN THE COUNTY OF ROCKINGHAM BY DELIVERING A TRUE . COPY OF THE WITHIN -}; {,,{ f.,...)..£?~V-:Y'..-? ....... •.I. ~ ;7;:;:-:,.'"';'e;- ... ,.d/,. TO _::/.t:.-/<: . . '!.: .0.. £-. :1--.~_;}--.-. ..... IN PERSON. ,:. L STRAWDERMAl • • • • • •.._-••••................ , . S. R. C. s. R. C. .... / d?. D. S. R. C. v By~✓,~;!.,CJ~.7~£/£:, ... D, S. R. C. EXECUTEoo?-/.3';-f.L/. IN THE COUNTY OF ROCKINGHAM BY DELIVERING A TRUE £Xf.CUTED.J.:-/~--:-4t'.IN THE COUNTY Of ROCV.INGHAM BY DELIVERING A TRUE COPY OF THE WITHIN . ,,/4-if!-:'-:''."',.~:•:-:-. COPY OF THE v\'iTHIN~ ..4,/ -cl d !.~. " TO .?f:~:?·.... (' .... IN f:>ERSON. /J: 1:/' ~.,.~r~.;...t. ~NO PE/ii{: • •••••• .:7 A. L STRAWDE~M.ti~J • • .. ~;<:e; .. . . .......... . : . .. -~-~ STAAWD~RMMi ..... ~;·_·ti.~)d.~·/~;~--~a..·.·_· ~-:::::.- . s. R. c. By . . . . . . . . . . . . . . . . . . . . . . . . D. S. R. C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: o summon----------------------------------------------·····-·······-··--··-··············--·········-·······-························ Donald Shifflett ··-·---····-···-··-··-·············-······-············-·········-··-·········-·······,~& .. -·······--·······················-········--;!·~·~!?.~.~~ .. - Rt. #3, Box 157, Elkton, {:.,,.,":./1 ~~.~~~.~.s.......--: ...i.1.7....~.~ ...R9ftt.ngh~m_ ..S.t.~.~ ...Elkt.on¾···v.a......--.... to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth i4J.b.__day County, at th of _______ f.eJu;:!J_ary __._.., 19.___ 6?¼,to testify and the tru lJefontxkedoxandc~, Va. ································································-·············-····-····-·-····· ~====---9:30 1 o say m e 1alf of the against-····-·-·--·····-·······-··············-······························-··--·•············-··-····-----········· Edward Lewis Shifflett who stands charged with and indicted for a felony~Kw·. And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the_J.,Jtbof of the Commonwealth. Attorney for Rockingham County and the City of Harrison- ----··--F.eb.r.uar.y. ..........--········•19..6.4., and in the .189.th year �EXECUTED-! /{'"_-_t:l:(._. IN THE COUNTY OF ROCl'I GHAM BY DELIVLG A TRUE COPY OF THE WITHIN .,~~.;,i..,_,..'-·. :--.. ·;-.- .. TO IN PERSON. 7 A 11,a.eJ✓-~'.~.. • • • • • • • • • • • • • • . , .... - I By~(;:--.~.,((.,". • -~·. ·,· ... 7 /; ... COPY OF THE WITHIN L ;?}; '-'L- TO . .-1u.'.vrc/~. IN fjRSON. 1 • •• r D.S. R. C. c.1_> .-; /' ·cc..s, ~ 7 ···••H ,-.( .. - ,.. ~z.~·-·:~ ..... ••••••••• • • • • • • · · · · · · · · · · · · · • · · , 0·. B • Y ••• , •• ~ :. S. R. C. - { EXECUiEDo<:/.1~/,-.r.. IN THt COUNlY Of! ROCKINGHAM BY DELIVERING A TRUE . .. (.D.S.. • • • • • • S.R. C. R. C. �In the Name of the CommonWtealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon------···-··----··········------···-·········•·····················-·····················-··············--···········-······· -····-·-···-·····-····-······················-·····Herbert ..Mowbray·-·- ...McGaheysvil ···-······························-······-···-·····~~~~ .. ~~~)?.:1;.~y ........... ~. le., .. Va.··········-·-····-···········-··················-·· ,)/ .·' ________________________________ : __ ~~.~~h-~Y~Y.:!.JJ~·'-···v.~.~--··-···-,.--; ·-;--"'r /( \,'... _, ................................................................................................................ I: .• ,: ········--···•-····· ->,-------······ ---- __ ...... 'J\ ·-·-··-······················--··-··············-·········-···-·-················-···-·······•···•··········-·-··················-··•;z-t--··--···· _J_ ---------------------------------------------------------------------------------------------------···---------------------------------------------- to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth ?~.~~day ~ll~Xlltlmlki:lmj, - ·- - County, at the Cou ?.~-, to testify of ··-·-·-X~~!?.~~!?X_._.., 19... _ ,....._ _,. I-, ____ I__________ _ ci' -- -------------·-- ---...,;;::;,.,...-- of, at 9:30 and the truth to say in behalf of the against --···-----··•-·········-···········-·················-················-··-····················-··--············ ································-···-······•····---Ed ward .. Lewis ...sh if f let t -··················································-····-············-·-··--·-··--······ who stands charged with and indicted for a felony mi6Jtomom:JX1r. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the.JJ.!;_h of ....f~_l:?_:rq~.:rY ......................... , 19_6.4.., and in the of the Commonwealth. .1.8.9.thyear �., ..:.-·•..... ·- E>·~':CUTEOJ:)f~Y.':'/. IN·THE COUNTY OF ROCKINGHAM BY DELIVERlNG A TRUE TO //-_,,,:;": _{.,_ 1·~..... ! N !DER.SOt·~. •/• A. L STRAWDER .......... , ............ Ml\ ·i ... . S. R. C. , :~l:('(.,1..--v.~i-e. /. r. ... o. s. R. c. By . EXECUTED./. 1 . D·• s··. R. x;__., ;,. S. R. C. .- ........ A TRUE /;)~</_L/. fN iHE COUNTY OF t .~ . .-;,~: ROCKINGHA.: B~ ~EL~NG • COPY OF TH~. WI t H1N.-... TO G ✓~--Y.;t ,v_P!,... <":TR,~VVr•[f·dlJIAI\! !."1.fERSON. ~. I l • °", • • .. • • • • • • • • • • • • • • • • . • . . . . • • .... ,'"'- ... "•'•......... I.-~,-t· �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon --------------------------------------------------------------------------------------------------------------------- ----------J acnes __ A. ___ Roberts Velma Roberts ___ - ___ 1823 __ East __ Ave_._,__Baltimore ____________ Patric i~--Ann __Frazier ----- --------- J ohn Sam Roberts --- - • -- •• -- -- -- ------ --- --- --- --- ---- II ti - II ti It ti ___ - ______ 12 __N •___ Wo~fe __St._, ___ Bal ~_imore __31, _~~~yJ~~~------------------- - 3701 Old North --- • -- • ----- ___ 22_,___ Mary la~~ ____________________________ _ --- • - ---- -- ---- ---- ------- - -- ---- Point Rd. - --- • -- • - -- --- --- --- ------ to appear before the Judge of the Circuit Court of Rockingham Baltimore -- • _ _2 ____________ --- ----- -- ----- Md. ___ .] __ ------ ---------------------------. -- County, at the Court House thereof, at 9:30 o'clock, a. m., on the __ i4J;b. day of ____ Jre.l>x_ya1;_y_______ , 196A-___ , to testify and the truth to say in behalf of the Commonwealth~g~~~against ----------------------------------------------------------------------------------------------------------- _________________________________________ Edward--Lewis--Shif.flett------------------------------------------------------------------------------------------who stands charged with and indicted for a felony:mtbuitiKJlCOOlllHr. And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the_)A-_t.hof _______ _:f~_Q_r.µ_~_+:y _____________________ , 19__ 64_, and in thel8_9_th __year of the Commonwealth. ---------------~~~------------------------·· / - Commonwealth's Attorney ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon---------···-·--•··•··-·-·················•-·····································•···········-·-··················-·········· ··•-···-······-··-····-····························?.~.~.~~.~:r. .. ·-···············································1?.~.P.~~X. ~~:':.'?.~.~ ...9..· ...~:':.~~~.~ ............................................................. ····················· .. ~.~~1:.~.!~ ...~\l~E~X .. !.~ ...... ~.~1:.~.E::~.~.-··-··--·········· .. ). ~ ., ··-·····•----·... , ! (. --····-···-··---········--··-·-·-···--··-··-··-·-·······-··-·--····-·····-·-·····-··----·-·····--····-···············-··········-·-···-·-·--··-··---·~- --<' ··-·~-<a,··~· '.._... ,r;,.. ..,a~~,'7._'ft ~ v~, . ~' ~\~~ ---····-·-·-·······-·······-·-·····-··-········-·-·-···-·--··-·-·····-········-·-···-··-·······················-··-···············•·-····--·-····- -·:::-\-··~~-·;J"·~-··· to appear before the Judge of the Circuit Court of Rockingham County, at the Court Hous 0 ··-·-···· ~%) ·~· • -7,(-······ -~~ liei·eof, at 9:30 o'clock, a. m., on the -~·~-~---day of -------·~~t~~--··------·-·•rn§.~-·-• to testify and the truth to say in behalf of the Commonwealth ~~ttxkxmxXKDY, against······---•-·--·····••-·······--··-·····---·-········-·······--··········•-----··-······-·-··--···-·-·······-··· ----·-···-------·-···-···------·--·-----····-·---··-·----Edward_.Lewis ...shifflett ....._......._......._._ ......._...................-••···-·····-·--··----·········· who stands charged with and indicted for a felony ID~'. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the __~.~-~h of ----·-----f_~J?.:r;.~~f'Y ..._.-·•·••··-·-···,19 ..~4._, and in the J..a.9.:t;:.hyear of the Commonwealth. �EXf::CUTED)rJ.('_~'( . IN THE COUNTYO ROCK! GH, M BY DELIVERINGA TRUE COPY OF TrlE ;;1THl14 ./4,;,.,;,rr.~ TO :?f': /..1':~ IN PERSON. A:.L STRA';rirr · .. -· ...... · •• \ ·' ~:-.'.'d\Jd.~. s:::c: �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon--------------------··•·-----··-··---····-----·························-·············-·-·····-······-··············-········· ··-·-······-·---········~!:.~ .... 5._i ...... ~ ... _._r~~t~.~.~J.C?.!}_~1--.B.!,,1.i,Jg.;Lp_g~ f..~_ ...~.~....~.Y.~E...Hax:r.is.onb.u.rg...(o.ffice) .. Dr. W. H. Talbot to appear before the Judge of the Circuit Court of Rockingham County, at the ..._____; o'clock, a. m., on the .~~-h____ day of ______ J1~~.ch ___________ ._, 19-.6_4_,to testify and the truth to say in behalf of the Commonwealth :»l!ID!IJlfK:thex6memixmxy, against ----·--··--·---··--------····-···-·-·-··--··················-·-····•·-···-····--·-·····-·-···-···--············ ---······-··----··········-·-···--·---········---·-···-·---··-··-····~-g~~.r.d_._L.ew.is ...Sbiff le.tt ...•······························--·························-········· who stands charged with and indicted for a felony~. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the.~.':i:~_'h. of .......__ f..~!?.r.~~rY .................... , 19.6.4..., and in the 1.89.th. year of the Commonwealth. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon----------------········----·····-·--·-········-·-···············-······-·-··-·············-·-···---·······-·-···-·····-····· ···-··-··--····-···-··-···-··········--····-·-·-········-····Edward ...(Eddie ..Boy) ...sh if f let t········--·····..·············--······ ... ·••·········-··-····· to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ·--~-~~- day of ---·---~~~.~h--·--····-···•19_.§!:i:_, to testify and the truth to say in behalf of the Commonwealth :kmHXihex6meml~ against ······-··-··--·-·······-·······-········-····················-············-·-······················-······-···· ··········-·--··························-················-Edward ...Lewis ...Shifflett who stands charged with and indicted for a felony And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's ················••····••·····-····•·······················-···-···-·-·········-· ~~- And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the. __.9-t.b. of --·-·-·-J1a.,r..c_h_ ........................... , 19-64..., and in the of the Commonwealth. ···-·----~~-~~--········-····--··-----···· Commonwealth's H~~J.h_ year Attorney ��.0 0 T .4 0 .4 0 .40 .A0 .4 0 .40 .4 0 .4 0 .4 0 3 .6 0 T �. .. .. .. �In the Name of the Commonwealth To the Sheriff You are hereby commanded Greene of Virginia: of ~Kl County, to summon--------------------------------------------------------------------------------------------------------------------------·-- ------------------------Eugene ___ Lawson _____ - _____ S tan_~rd sville, ___ Virginia to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Greeting: County, at the Court House thereof, ?A_~~--day of _t~~:1;_':-!~?;_y ____________ , 19_§(:i:__, to testify Commonwealth~xkoc:f'«aaxk~, _________________________________________ _ at 9:30 and the truth to say in behalf of the against --------------------------------------------------------------------------------------------------------------- Edward Lewis Shifflett who stands charged with and indicted for a felony~H&·. And this you shall not omit under pe~alty. Witness, burg, Virginia, JAMES R. SIPE, Commonwealth's at the Court House, the __J)J;bof of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- ________ f_~RXJJa..r.:y:_____________________ , 19 __6_4_, and in the _18.9.tb year ��In the Name of the Commonwealth of Virginia: Greene To the Sheriff of R~Kl County, Greeting: You are hereby commanded to summon ............................................................................................................................ . .................................................... R~.~f?.~ ...G.9nl~Y., ...R9.lJ:t~...1t.l..,. ..J3_q~..4.1.~ ...S.tan.a:r.d.sville.,. ..Va ............... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the .).4.t;:.hday of .......f.~J?.i::!J.~X.Y. ......, 19.6.4.., to testify and the truth to say in behalf of the Commonwealth:mdoaotkec~, against .............................................................................................................. . Edward Lewis Shifflett who stands charged with and indicted for a felony~xoo·. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the.}:'?.;}:iof .......x.~~.~.~~~.Y ..................... , 19..§.4.,and in thet.~9.~.h .. year of the Commonwealth. �• "~.. •• \ ~ ' ·:.' ,l' ,. ' •• ~Lb".:.!:r-.~.L , t .-J(,/4 ...· :, .,, ,-~- ✓ ~ '" �In the Name of the Commonwealth of Virginia:~//, -__,,k} / e, To the Sheriff of Roai /fl _.. m County, Greeting: You. are.hereby commanded. to.summon ·········~:~7. ~;_,;_;························· .......................•.·. ...---·----------------·------------·-------------·-·-·----·---·--·-------·----·/ 4-:'c--:~~-~-----.&.<--t!K_{./ __ -:(______________________________ _ to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at U:30 o'clock, a. m., on the •____________ day of ----···-·······-----------------,19_____ --, to testify and the truth to say in behalf of the Commonwealth against -----------·---------------··-------·-------------------·---------·-------·-----·---------·---------------·· • who stands charged with and indicted for a felony· And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ____________ of _____________________ :____ y______________________ , 19----~---, and in the _____ ,f..._.L year of the Commonwealth. �ti in p -·•,., 1• •!) ",...., ••~-~~.•u ... ~1• - ,.. �In the Name of the Commonwiealth of Virginia:At'~To the Sheriff of Rod • .t,g,lm'mCounty, Greeting: ~.~~.~re.h~:~.===•n~:.~o.•u=:on.. ~?~;;;·.·.·,;_;·.···.·.·.·.·.·.·.·.·.•············ to appear before the Judge of the Circuit Court of Rockingham ••••• ••·•·•·•·•·••·••·•···•·•·••···• County, at the Court House thereof, at 9:30 who stands charged with and indicted for a felony m And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ____ :_______ of -------------------------------···--··-··-·······-, 19________ , and in the ---·-······---year of the Commonwealth. �.. ., . ✓, ;,7/U-, L - ~ .. -Ld.- ___ Q._~ unty 1 r,er•d ','?,err , 11 �In the Name of the Commonwealth of Virginia: ..,,,;/ ____qj,. < i' < ~# To the Sheriff of -Oo&ir,gba.nt County, Greeting: You are hereby commanded __________________ _ to summon -----------------------------------------------------------~----------------------------------------------------------0 ....._p _ _ _ C: ,< _ _ _ _/zT~ cJ- fl-z---, ___ 7 ,,..- to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ~-4-~b__ day of __________ f_~~~-~~~y ___ , 19----~-4to testify and the truth to say in behalf of the Commonwealth before the Grand Jury, against--------------------------------------------------------------------------------------------------------------- Edward Lewis Shifflett who stands charged with and indicted for a felony JOCidwkDilillUU, And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the ___ J]_~h,f And have then and there this Writ. Attorney for Rockingham ------~~~~~-~~Y----------------------, of the Commonwealth. ,tfO County and the City of Harrison19___ 6_4,and in the 1_89.~_g_ year �Ex w1ec ·,- h ..,,, t~,_,__,1_4.J . ,. I, f . �t: appear before the ~f the Circ~4ockingham Count_y,at the Court House thereof, ~t 9,30 , 19.6.4 .., to testify and the truth to say m behalf of the o clock, a. m., on the· ............ day of .............................. Commonwealth ~. against .............................................................................................................. . ....................................................................... Edward..Lewis ..Shifflett .................................................................... . who stands charged with and indicted for a felony ~-. And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the ..J1.~~f of the Commonwealth. Attorney for Rockingham County and the City of Harrison...........feb.~...a.~y.................. , 19..6... , and in thel89th ...... ~..£./ - / , µO C~lth's. .. year ..~.: ............................... . Attorney �~--·· ~ 111' 1,,(· r:d c A::, l, i ·, 1· > ' ... i9 inforrn~ti,l/1 • a. I • Lde •. 01 f'nw-:t. ,I._,:,, .•.• ~di of its { '~ d ...(._.,J_ ..~._. Gl""'"V?---7,~n:il, a11dabo• , • withinticeCo:'''Yf~~ of �In the Name of the Commonwiealth of Virginia~~ To the Sheriff of Rmiki:n:gh,m County, Greeting: You are hereby commanded to summon .......~""!!-::~ ........... ~0~.......................................................... . ----------------·······------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- to appear before the Judge of the Circuit Court of R ingham County, at the Court House thereof, at 9:30 . ~ ~-o'clock, a. m., on the ....:.....'.. day of ................................ , 19.....t.~fto testify and the truth to say in behalf of the Commonwealth before the Grand Jury, against .............................................................................................................. . who stands charged with and indicted for a felony blisdamunffi.. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ............ of ............... .-........~.........................., 19........ , and in the ............:. year of the Commonwealth. �' 0 - n "• t ~ ~ ~- "' ::., C r♦ �In the Name of the Commonwealth of Virginia0 . / ~/.'4/f,/___,/ To the Sheriff of Reek.4~ ~o~.•~~.h=~·==n~~d~=~:· : ~:~ ···.···.·.··.•·····.•·····.·.·.········· 7 ~·················.·.·. ~~/;(;,, / / County, Greeting: .. ········································••······················./..-:::-r<i_-~~ .... /.½.~~ to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth~~ i.4~b.. day .. ~ ... = ............................................... . County, at the Court House thereof, at 9:30 of ....¥.~.R.r.!J..~.r.Y ......... , 19..6.4 .., to testify and the truth to say in behalf of the against .............................................................................................................. . Edward Lewis Shifflett who stands charged with and indicted for a felony~And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ..J.7-~%f .........:f~.~I~.~.r.Y....................., 19...6-4.,and in the of the Commonwealth. r tfO 18.9..tb.. year �: 1( .h:i 't I J .. r ~ ,· I 'J -4• �In the Name of the Commonwiealth of Virginia:Greene To the Sheriff of ~ County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ....................................... Ronnie ..Ear 1...Shi f fle t t .. - ...Dyke ....( Greene County)-'··· Virginia to appear before the Judge of the Circuit Court of Rockingham .................. County, at the Court House thereof, at 9:30 o'clock, a. m., on the ...?4.tbday of ....f.~P..?;.~~?:.Y.. ........ , 19.~.~··• to testify and the truth to say in behalf of the Commonwealth against .............................................................................................................. . b'ldoUtXbtK~ Edward Lewis Shifflett who stands charged with and indicted for a felony :mixiemex.lx.oc. And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ...f-.4.t.Pof .........f.~.'bx:µ.ax:y....................., 19...6-4.,and in the of the Commonwealth. 18.9..t.h.year �··-·--.............. .. ...-1:!l-.. 0. f 1,, I �.0 0 T .80 .,40 .4 0 .4 0 2 .0 0 T ��In the Name of the Commonwealthof Virginia:Albemarle To the Sheriff of R~XKCounty, Greeting: You are hereby commanded to summon-----------·············--···-···-·-·····-···········-·-·················································-····-···-··•······· Irvin Homer Sullivan ···-·········---······-········-··•··-·······•··-·······--·····-············--····-··········- - c/o Holly_····•-········-·············'···-····•···········l.······•············-'···························· Mead Farm Rt. #4 Box 45 Charlottesville• to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the f.4J:;1Lday Comn10nwealth befoaotlux~, County, at the Court House thereof, at 9:30 of ·--.f..~l?.r_\H~,J;'Y.---·---··• 19_6_4.., to testify and the truth to say in behalf of the against --···---·-------·--·--·-····-····--··-·-·----··-·-·-······---·····--·--··-·-···-·-···---··---····----··-·-····· Edward Lewis Shifflett who stands charged with and indicted for a felony~·. And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the._J_J~Jlof ---··----·---_f.~_Q_r.:q~.r.y .....-•··-······•19___ 6_4_,and in the 1_8.9.t.h_year of the Commonwealth. �r Executed in the County of Albemarle, Virginia on the\S..day of ....V.~, .......................... 196.t .. hy delivering a true copy of the_within .............. . ···~·~···················:o::···""j in -.:,,riting, to ..£¥J..gs:;,M;ezs;J.l.s ...e.&...( ......?.%.................. . ..~_Jf\ ..:~ in p-::rson. fee$ ............................. . .......-.................. . ,rt,/. S. COOK, Sheriff ; County of Albemarle, Virginia j11y~~- =~: Sheriff ~ ~;.:rtf:;;c!i·1g.Jl~ ..\\.~-J~.~ .....:::............... <1t .~... :1sual p.~:.:vof 0bode within ,he Coun,y ot J.\;b::::·:;ar:3, Vo..,I ex:;cu·ied th~ within •••••• ~.......................................... on the/.~~J 'Y cf. ....1-~: ..........19~ •••• L:y deii Jering a true copy thereof in wr:tin 6 , and by giving information of i purport to ...~.# b ..'...family and above t~ ......................... , a member ot .. aec ot lf? years, who was found at th'.:!.usualplace of abode of the said.• 1/., .....~~...........v:ilh:n the C0 1.mty of Albemarle •. W. S. COOK, Sher;ff Fee $....·-···-·····-···· of fo.!bemarle.CountY,1Va. ~ 61,erilt B ...~ === ...... -----Deputy Stim-· J, ... .~ ' �In the Name of the Cornrnonwiealth of Virginia: page To the Sheriff of B:adt~ You are hereby commanded County, Greeting: to summon------------------------------------------------------------------------------···-----··-·----------------------------·--···- Gloria Good - Shenandoah, to appear before the Judge of the Circuit Court of Rockingham Virginia County, at the Court House thereof, at 9:30 24th day of ----------------------------------, February 64 , to tesb. "fy an d t l1e hut . h to say 111 - b el.1a lf of t hPo ,cIoc k , a. m., on t h e ____________ 19________ Commonwealth ~~&~~ against ------------------------------------------------------------------------------------------------------------- Edward Lewis Shifflett who stands charged with and indicted for a felony~-And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the ___ l3.th>f of the Commonwealth. . JO And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- ________ _f~_l:?_-;:~-~IY _____________________ , 19§_4___ , and in the :u~_9._th_year ��---------- In the Name of the Commonwealth of Virginia: Albemarle To the Sheriff You are hereby commanded of ~~K:lffl County, Greeting: to summon----------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------Ed i th __ Mar gare t ___ Morri_s ___ - ___ Ear 1 ysvil to appear before the Judge of the Circuit Court of Rockingham. o'clock, a. m., on the .2_4_th_ day of _______ Februar.y Commonwealth i>~ibex~ le_, ___ Albemar le ___ Coun.ty County, at the Court House thereof, at 9:30 ______ , 19 __ 6-4_, to testify and the truth to say in behalf of the against --------------------------------------------------------------------------------------------------------------- Edward Lewis Shifflett who stands charged with and indicted for a felony ~And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Gourt House, theJ9J;_}J_ of ______ f_~J;>_X_1Jgl:'_y _______________________ , 19___ 6.4, and in the 1.89_th. year of the Commonwealth. ��In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded Albemarle of ~~bmtK County, Greeting: to .summon----------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------~~-~-~---•-~p_t_c;.~'_'. ___ ~_tJ~JtJ~_t_t ___ ':".___ N.ear___ Kane.'_.s__ .F.urn.itu-re.-St-0:r.e-- Charlot tesville, to appear before the Judge of the Circuit Court of Rockingham Va. County, at the Court House thereof, at 9:30 o'clock, a. m., on the _?4_t.h_ day of __f~.QXJ.J.ax..y___________ , 19 __ 6_4_, to testify and the truth to say in behalf of the Commonwealth ~~~~llXJlw~ against--------------------------------------------------------------------------------------------------------------- Edward Lewis Shifflett who stands charged with and indicted for a felony ~And this you shall not omit under penalty. Witness, burg, Virginia, JAMES R. SIPE, Commonwealth's at the Court House, the ___ J~_t!bf And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- ___________ _f.~_g_r:i,i_~_ry _________________ , 19_6_4 ___ , and in the l_89.t:_h_year of the Commonwealth. ·- ~---------------------~~~----------------------------·Commonwealth's. Attorney ��.0 0 T .8 0 .40 1 20 T ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded ..Kenne.th ..Mar.shall to summon ...Harold ....(Mc.Gahe.ysvill.e., to appear before the Judge of the Circuit ......................................................... .$.4:w~r.4. ...(R ..#2, ...Elkton, ....Va ....}..; County, at the Court House thereof, at 9 :30 .................. , 19.6.4.., to testify and the trnth to say in behalf of of the Commonwealth ... ..Shifflet.t. ....Va ...).; .............. '........................................................................................ . Court of Rockingham o'clock, a. m., on the?.4.'.t:i.h..dayoL .....f.~p;r.µ~r.y., the Defendant in the prosecution ..Rudolph against i.~w.i.$...S.r.i:i.f..f.l.~.t:t ......................................................................................... . who stands charged with and indicted for a felony~ In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., of .. ....Fe.b.r.u.ary., .................. , 19..64, and in the .18.8.th....year at the Court House thereof, this, the.17tt{.day of the Commonwealth. ~............. . ============================;;;;;;;;~~#~=~~'$.~Q;;;;;;;:;;;;;.:~:='::;:=::i11~~~.,, 0 ··;··· ................ , Clerk ~.c �I • J EXfCUTED):-&.:-f1/,IN THE COUNTY_.?f ROCKINGHAM BY DELIVE~ NG A 1 L: COPY OF THE WITHIN-~ TO ! -~I.£?µ·~<PERSO,'. ....... A. L TR. N!'.'l·)'.1 ~,'1,\J ; ......... ~ Ji-....... /;, t r-:1 A.V/2'/.,.J,(V!":·<:·'.I _ A ✓// By ¼ · ·· ... s r; rt ... .. ~- C,. :.. F· ;"_ ·· ·· · EXECUTED/:).~.--:4';-1. . IN THE COUNTY Of-: ROCKINGHAM BY DELIVERING A TRUE COPY OF THE V✓lTHIN ,/~. iO~~~~~ ... IN PERSON. ···· ST A-VD[PMl.f't ·············~······· By S •• <t./6.tf..............D. -· R. �Rockingham County. In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .. ..Dr.~ ....W......H.. Talb.ot .................................................................................. . ............................................................................... ..C~9.9.~.:i,_rigl'_lc3,rr1 ...M~.rn.9.r.,i.<l: J...Jf.().~ pJ ~11.J 1 ... H~:r:!'.~.~.().I?-.l).~:r:g.1 ....Ya• ) to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the .9.th ..day oL .............. .Ma.r.ch., .......... ........ , 19 the Defendant in the prosecution of the Commonwealth County, at the Court House thereof, at 9 :30 P4, to testify and the tmth to say in beihalf o.f against who stands charged with and indicted for a felony ~RlX. In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court at the Court House thereof, this, the~4.th of the Commonwealth. .day of ... .f~.b.rµ~XY...... . ...., 19.9.... , . ----~ Va., ... !?: ..year ��.0 0 T .8 0 .4 0 .4 0 .4 0 .4 0 .4 0 AO .BO .8 0 .tio .8 0 .4 0 .40 6 .8 0 T ��In the Name of the Commonwealth To the Sheriff of You are hereby commanded .gnc4...Loverne of Virginia: ~ County, to summon Clar..ence ..Morri.s Greeting: (Dyke, ....Va.•.)..;...Edwa.rd...Wayne...Morris, Morris ....Chu.~.b.q;no, ...gn.d...:w.:Lfe.).....CP_yk.e., ...V~....l.; ...P.on~id ....Wayne...Ro.a.ch.~{s.t.udent• .in ..high. ...s.chao.l, ....c/o ...Eli.z.ab.eth ..Morris.., ....S.t.anar.ds.v:i.ll.e., ....Va ....).; ...Wayne ..McDaniels'- .~yq.;i,.a.. •.. Yg.'? ..;...Fannie .Christine .'? ;ci .... of. Henry,) ..JR ..#33..,....St.~.n.ar.ds.vil.1.e.....v~... L; .. Shifflettvfwife Branham({Virs. Wm. HowardY°S.:t;~I'l:~.r.cl.~y:iJ~:1,(?, .•.; ..Clarence 3 ... .Y.a.. s; ".~ ...<? ~~·s;· ~....;F.!.1?.cl,ci. ~.~ ...~<? f ... !.r:'. ~.~. ~l:3.~.C. <:1r.i ...~()iJ<?".'., .... l:i.~.~.ci.~!.1 ~~~ra~d~if ~ T~~l-i~:f s~':◊':','db;~! ;~va ~);L; General to appear before the Judge of the Circuit Court of Rockingham ~ ... i:l ~ ... PY.~.~ ... Morris".".~~0-yr ~ ~!l().9.1) Deane '1~<:!Winnie .;............. . Dea6us- County, at the Court House thereof, at 9 :30 o'clock, a. m., on the Z.41hday oL ....F.ebruary 1.................... , 19..64, to testify and the tmth to say in behalf of the Defendant in the prosecution of the Commonwealth against ............................................................................ E.dw.&r.d ...Le.wis...Shiffl.e.t.t ........................................................................... . who stands charged with and indicted for a felony ~ In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, thel7th. day of ...........F.ebruary, ............., 19.64, County, Va., and in the.18.8.th .... year of the Commonwealth. • I �1£rl if! 2<L. ' _ I ..... . I/ e . t, <;.) . ··v~ I ' . C. • I. . :.._-,_.._··. \ . I • - ; \,) I J '-''- I • ) Ii ' �In the Name of the Commonwealth of Virginia: To the Sheriff of ~GR - .......................................... {hu: ....a,n.d... County, Greeting: .f...J ..t. yk...• V:..,J.J. .......,;;;.;;..;,;;;;;.;;......,..,.;;;;.w..;.....,.....,....,.. J. ....u.~nt .I.....1.li~~L...tt. ........~r.i ...., ...~L ...n..r..d ...vill ...~ ....v··"J.;...""l""a...m................-..__ ;;.;..:;~ .tr. .t.....•.........•.•. fgnnig hit(lex Hent:zl..{R.,.,J..•....s.:t...n..T.d..v..il.l.e. .•.........."l;... Christine,llrsiMA , (l,f§ • irn, (}\o~clrd l ..J .t. nar.ds...i.l.1..•...V ..• , ...Cl5Vi:§!QC(t k12tti§~.~.10-yr .in b..i .., ........ ®.o..1., ..... .o.ld. .....on...o.t.. ....:rs.•.Fr.. d.d.i. .....o.r.r..i ..•...D.ae.on ....Ho.llow., .tu. ent ....t .. Dyk.....s.c.. oolll .............. . ~.wp.....u~~~~~"1!!-'··.(_St y to appear before the Judge in the prosecution . ...and... • • •• Oyk • V .), of the Circuit Court of Rockingham o'clock, a. m., on th ~.4,thday of the Defendant ..n.ar.d vil.l. ·• ..V .• J;... b.r.u ....,........... ..., of the Commonwealth ...................................................................................................... ' •••••• County, at the Court House thereof, at 9 :30 19.. .4, to testify and the trnth to say in beha~f of against ' - •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ♦ •••••••••••••••••••••• ~ ••••• who stands charged with and indicted for a felony ~r. In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., at the Court House thereof, this, thel7. . .b .day of .............. .T.U.~ ..r..·••··........... , 19 ... , and in thel ...6.th of the Commonwealth. 4dt~/,v, ~~ ...year ...................................................................................... , Clerk , J,(O ��l!l the Name of the Commonwealth of Virginia: County, Greeting: To the Sheriff of ·•···· ..•...... to appear before the Juclge Court of Rockingham of the .. , 19.. the Defendant in the prosecution of the Commonwealth County, at the Court House thereof, at 9 :30 , to testify and the tmth to say in behalf of against who stands charged with and indicted for a felony In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham and in thel of the Commonwealth. I Jo County, Va., ......year ��In the Name of the Commonwealth To the Sheriff of You are hereby commanded .a.nd ... Loverne ,fJJorris to summon ...C.h:u.s.b.~nd of Virginia: ~ County, Greeting: Clar nc ... ;orri.s .. (Dyke, ...Va.•.).;...Ed ... a.n..d ... wi.f.e.L.O)yk....., ....V.a.,.J .. ; ... a.yne...F arri.s, Donald \' ame Roach J.$.twient J.n....h.igb....s.e.ho.o.l. 1.... c./0. ......l.i.zabe.t.b..... forr.i.s., ....Stanar.d.~.v.i.ll.e.., ....Va.~J.;..Warne .t.ydia .....va....; ...hnnie Shifilext. cDaniels {wi£e of Henry;}...(R....#3.3.., ....St~.na:r.ds.vi.l.l.~.....v.a".l.;.... .Chr..i.stine,. Branham. (~rs,... wm.::-,How,a;rd >....C.St.a.nar.ds.vill.e.,...va ...; ...Cl.arenceMorri§:'.9.'.".'.10-yr .o.ld....son ...o.f .. ..s.•.Freddi.e ...Mo:r:r.i.s., ...Bac.on...Hollow.,....s.t.ud.ent...at ...D.yke...s.cho.ol.l.;................ . ·f·~d .sa~~ne~•i~•··c(~~e.Ky~~t;~~·~s~;~!~·~·v!~l!•; ...,G.en.era.l,,,Pe.ane ••• and ••,W.inpie.,.D.ean~ ..{husto appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on th624,tl ..day oL ..... F, the Defendant in the prosecution bru . y., . ........... of the Commonwealth County, at the Court House thereof, at 9 :30 , 19..64,, to testify and the trnth to say in behalf of against .......................................................... dwar.d... e~.i.s...Shii'fl.ett ........................................................................................... .. who stands charged with and indicted for a felony ~- In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, thel7th. of the Commonwealth. day oL ......F. .bruary., . ................ , 19.64,, County, Va., and in thel88:th .....year �VL~,ill '9·(c_'f ; .•. - ~~~~ ' i • V �In the Name of the Commonwealth of Virginia: To the Sheriff of County, Greeting: ,···· .•.. . .......... ~:;;.:..:i....~-- County, at the Court House thereof, to a pp ear before the Judge of the o'clock, a. m., on the. .................... , 19 • , to testify and the tmth day of... ... the Defendant in the prosecution of the Commonwealth at 9 :30 to say in behalf of against who stands charged with and indicted for a felony In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, thel?... ...day of ............ b.. ...r. ·•················• 19 of the Commonwealth. ~£/tfo~• ,J/0 County, Va., , and in thel . ......year ~~ , Cleek ��13 the Name of the Commonwealth of Virginia: To the Sheriff of County, Greeting: •···· . ..nd...__ .,. n ...an ... i. ~--:,;;;;~· ·.;;,· '"-'· ..Jhu ·· •:orr1 § ~ •. ) .•....~~~~~!!!.;..:!:5i~::.· d nt ....(. ..h .. h .. eh •. ).; ... -yr ~~~~~~i.:.;..~~1 l ....:9.~...~ ............... •....... r ...4.4 ..:......... Q.ITl ...,........... .. .. . .. J, . t. .....t ... ---=-..=;;;:=.::..~=;;...;:;...;:;;.:::.;....'"":"0=2n-l-o_y.~.l$. ...AA...:r......v.~.. l. ..,•....V...• l.; ..¥,2_~~~~~ (yiJy ••• y •• .; to appear before the Judge of the Circuit o'clock, a. m., on the.2.1.,tbday the Defendant Court of Rockingham of... ... .ebru in the prosecution r:y. ............ of the Commonwealth who stands charged with and indicted for a felony In witness whereof I hereunto at the Court House thereof, this, .. . .. , 1 19 ----~ County, at the Court House thereof, at 9:30 6 , to testify and the tmth to say in behalf of against ~ set my hand, as the Clerk of the Circuit Court of Rockingham thel7.th. day of........... of the Commonwealth. . ifO ..(. u - bruary, .. .......... , 19. 4, and in thel8Sth County, Va., ..... year ��l!1 the Name of the Commonwealth of Vir inia: To the Sheriff of. You are hereby commanded _ . , County, Greeting: to summon n1 . ) . .. ,. .......... .............. . ) v·..~·n· .... to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the County, at the Court House thereof, at 9 :30 .. the Defendant in the prosecution of the Commonwealth against ....................................................................................................................................... \ ... •......................................................................... .. who stands charged with and indicted for a felony • In witness whereof I hereunto of the Commonwealth. set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., - ��l!1 the Name of the Commonwealth To the Sheriff of You are hereby commanded to summon of Virginia: ~ County, Clar.enc orri-s. Greeting: ( yke;-••-V .•.)-;-··· .and ...Lo.verne ... orri.a ....(hus. and ...an ... ife). ...(.. ke., .... .a.J;... .in .high ...schoo.l, ...c/o ... li.z.ab th ..~ d. ard•··Wayne·· orris, onald .. ' yne ..Roach ....( student .r.i .., ...St.a.nar. svil-1-e•;·····.a .•.. )+ ..i.ayn .Lyd.i.a.,...Va .•.; ...Fa. ie, ..S.h1£fl.ett ...(.wife ...o ....H nr.y}. ...( .•. "JJ., ....Stan .. -=O·Daniels .dsv.ill. ., ...Va•..).; .. .<?.:l.4. ...~c,:r:i ...<>.f. ..•.~·~·"···:F.r.~ci.clJ~ ...M:Qrr~.~ .•...a~~QR ..Ho.l.l..ow., ....s.t.u.d.~mt. ...~t ...Dyk.e ...Sc.b.o.olJJ............ . James Kenneth band and wife Conl~Y ....(S.t~P:~r..d.?Y.~.).,;i.~., ....Va.•J; ...~~~~~~~...an . ..~li .aie.,..De.apa ..{hus- (by Dyke P.O., to appear before the Judge of the Circuit yk, o); Court of Rockingham County, at the Court House thereof, at 9 :30 o'clock, a. m., on the .24thday of.. .. Februar.y, ............... .. , 19 .64, to testify and the truth to say in behalf of the Defendant in the prosecution of the Commonwealth ........................................................................... Ed, ar.d ...Le, who stands charged with and indicted for a felony against .is ...Shi .fl.e.t.t ........................................................................... . ~ In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, of the Commonwealth. thel7th day oL ........F.ebruar.y, ............. , 1964, and in County, Va., thel88th ....year �( . ' .. ( t • �Greene County. In the Name of the Commonwealth of Viwinia: To the Sheriff of ~ County, Greeting: .~lvi.n ...Shiffl.e.tt ;. ·1overn ...Morri.s ...(Mr.s.oE.dward ..Wayne)V;' • • tc" . ...~d.:w~r.d ...W~yn.e..Mor.r.i.s..;l..James.K.enne.t.h. ..C.onl.ey; ...~.en.ce ...Morris.; ......................................... . You are hereby commanded to summon ...E.ar.l...Mo.:r.r.i.s. ....(.c/o ...G.i.lbert ...S.h.ifflett., ...b.ehind ...D.yke...Sc.ho.ol.)..; .. •............................................... . ..J.immy...Morris ....Cc./o....G.ilber.t ...Shiffle.t.t., ...b.ehind ..D.yke...Scho.ol.) ..;..;.-c.......................................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9 :30 o'clock, a. m., on the .. 9thday oLMarch-,... ...... .. ... ....... .. , 19 64, to testify and the trnth to say in b~half of the Defendant in the prosecution of the Commonwealth against ...................................................................................... .. .......................................................................... Edw.ar.d...L.ewis...Shifflett who stands charged with and indicted for a felony In witness whereof I hereunto ~ set my hand, as the Clerk of the Circuit Court of Rockingham at the Court Hous.e thereof, this, the of the Commonwealth. ............................................................................ .. .~.4.tb. day of .........f.eb.r.uary., County, Va., . . , 19 .6.4,and in the.1$8th . .year �Elvin Shifflett, . -- -lives Clarence Morris,(called • Albemarle County, Civen under . 'va. my hand Earlysville, Albemarle _A Rabbit Morris) lives not this in my bailwick the 26th County Va. Nortonsville, • . day of February,1964 C ' Lf)_ ~- W.D.Deane, Virginia. Le_ Sheriff of Greene , Count~ �Greene County. In the Name of the Commonwealth To the Sheriff of You are hereby commanded to summon of Vilinia: ~ County, ....E.l.v.:ln.Shifflett;. Greeting: Lover.n ..Morris ....(Mr.s.•.Edw.ar.d..Wayne); ..Edw.ar.d...Wayne..Morris..; ....J.ames...Kenne.th ...Conle.y.; ...Clar.enc.e .... or.r.i.s.; .......................................... . ..Ear.l ..Morris. ....Cc./.o...Gilb.er.t ...Shiff.le.tt., ....b.ehind ...Duke ...S.chool.) ..;.................................................. .. ..Jimmy. ..M0 rr.is ....(.c/o ...Gilb.er.t ...Shiff.l.ett., to appear before the Judge of the Circuit o'clock, a. m., on the ...9thday the Defendant Court of Rockingham oL ...... ....March, in the prosecution ....b.ehind ...Dyke ....S.chool.).; ................................................ . County, at the Court House thereof, at 9:30 ................, 1964. , to testify and the trnth to say in behalf of of the Commonwealth against .............................................................. Edwar.d ..Le:wis ...Shi.f.flett ........................................................................................ . who stands charged with and indicted for a felony In witness whereof I hereunto ~ set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the 24th.day of the Commonwealth. ....................................................................................... .. of. County, Va., .....F.ebruar.y, ............. , 19..64, and in the.l88th ....year �1 Y r el �r You are hereby commanded .., yn ···'·"' to summon y ...'.. . .i ..J. /.o...Gilb. to appear before the Judge o'clock, a. m., on the . 9tbday the Defendant . rr-, ...; .... l.. ..Ji Count • ..t .... h f. . .t.t.,.... .... .ch .. o. r.t .....1it .1. . t.,. .y of the Circuit Court of Rockingham ~Ch., .............. .. , 19. .4 , to of the Commonwealth ................................................................... r:d... . .. .i ...... ,.. . ol).; .............................................. . County, at the Court House thereof, at 9 :30 of .................. ... in the prosecution .... .C l.;............................................... . testify and the tmth to say in behalf of against i .. l. tt ............................................................................... . who stands charged with and indicted for a felony In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the .?...~.day of ................ ..l;'.........Y..t ........... of the Commonwealth. ....' /.• f7!/':: , 19....... , and in the.l ~ '. 0~ County, Va., ......... year , Chk �!f, •. \ • l -s~ ''! (',, fl.1 4... ~~ ~ ~ �County. In the Name of the Commonwealth To the Sheriff of You are hereby commanded to summon ..Edw:ar. .... y:n ... orr ..; ...J. ... ~ County, Greeting: ...V . .rn ....,.or.r.i.,.....( ..t"......, ...~ ..ar.-d ...:..ayn ) ; lvin ..... ht .1 ..tt;. s ..K.enn.th ...Con e.y.;...O r.L. ,.or.ri .....(. /.o ...Gil . ..JiI of Vir inia: i .... .t,....... b. no. )..;................................................... . y ...l'. . .r.L .....(.c/o ..Gil . r.t ... 'hif.tl .... ,,.. to appear before the Judge of the Circuit o'clock, a. m., on the 9thday the Defendant oL............. in the prosecution o 1 .; ................................................ . County, at the Court House thereof, at 9:30 r.ch............ , 196.4. , who stands charged with and indicted for a felony In witness whereof I hereunto .... .C Court of Rockingham of the Commonwealth .....orr.i .. ;........................................... . to testify and the trnth to say in behalf of against ~ set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., •................ , 19. 64, and in the 18.8.th...year at the Court House thereof, this, the. 21.th day of of the Commonwealth. ,tfO ruary ��Greene County. In the Name of the Commonwealth To the Sheriff of You are hereby commanded ..Edward.... to summon of Virginia: cm11~ tic >Mk County, ... Elv.in.Shif.£.lett;. to appear before the Judge of the Circuit o'clock, a. m., on the .9thday .b.ehind ...Dyk ...S.c ool).; ................................................ . ............. ... , 1964 , to testify and the tmth of the Commonwealth against .............................................................. ·d ard ..Le~is ...Shi.f.flett who stands charged with and indicted for a felony In witness whereof I hereunto County, at the Court House thereof, at 9 :30 Court of Rockingham oL ............ arch, in the prosecution .enc .... or.r.i.s.~ ......................................... . .. t .•....b.ehind ...Duke ..S.chool}..; ................................................... . y .... . r.r.i ....(.c/o .Gilb.er.t ...Shi£.flett., the Defendant ...Lov..r.n .. o~r.is ....(. r.s •.Edw.ard...Wayne); yne ...Mor.r.1s..;....Jam s ...K.enn th ...Conley.; ...Cl ..Ear.l .. or.r.is ...{.c/.o ...Gilb. ,r.t ...Shiffl ..J Greeting: to say in behalf of ......................................................................................... . ........................................................................................ . ixix\x::cueJ(JX.k.X set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the.24th day of .ebruar.y, ..., County, Va., 19..64, and in the ..l8.8th of the Commonwealth. 4utL=~'. ~~. ....year Cle,k �- ··'·, .,I • r1 • -~ , ,..2,.~ ..._ ·_ •' '•L , rd- 'l!'fl8'1 _, V1ri,n·a . , 19 .q. ~ L~;'/~;J&,j-!J~ ,..d22. (/IJfj rift �.0 0 T 1.20 1 .2 0 T ��In the Name of the Commonwealth of Virfinia: Albe;t are To the Sheriff of i~ounty, You are hereby commanded .... Ir.vin to summon Greeting: Suflivan ..Homer/'.lt.#4 1 .. B.ox...45., ...Ch.arlot.t.e.s.ville,.V.a .. ); .S.ol.omon ..Shi.fflett ....(R•. l., ....Box..76.,....Cr.o.ze.t.,...Va•.).;................................................................................. . .Dan..Shiffle.tt ...{Bax ...B.l,....Fre.e....Union., ...Va.. J.;............................................................................................ . to appear before the Judge of the Circuit o'clock, a. m., on th64:~,l1. day of ....... the Defendant in the prosecution Court of Rockingham County, at the Court House thereof, at 9 :30 ,~~r.tl.?-.r.Y., ........... , 19..P.lt,to of the Commonwealth testify and the tmth to say in behalf of against Edward Le is Shifflett ·····················..·······························································································•··············· ..•·································· ........................................... , who stands charged with and indicted for a felony In witness whereof I hereunto ~ set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, thel7th. day of .........February, .................. , 19.64, and in thelS.8.th .....year of the Commonwealth. . County, Va., , ��.4 0 ~40 T �.0 0 T .4 0 AOT �In the Name of the Commonwealt11t,8br"iginia: To the Sheriff of You are hereby commanded ................... ... to summon .C~/9. to appear before the Judge of the Circuit ' • . . County, Greeting: ... .El.v1n.Shif ......................................................... \ ~ .. .f.le tt. . . ...... ..................................................................... . ~:t_l,~~ ...Lou1.s.e ...Fle.toher., Court of Rockingham County, at the Court House thereof, at 9:30 \ ?.4.;.:t\ffy of.. .. .....f.~:b.r.tJ.:~r.Y, ...... . ..., 19 ~4, to o'clock, a. m., on the ; the Defendant in the pro \ ...oor-d-0n-svill-.er··Va·.··)·· cution of the Commonwealth against testify and the tmth to say in behalf of ......................................................................................... . ·····•····•························•·····~······'······~·~~~~~ ...~.~.~.~ ...~.~~.1-'.f.~~.t.~ ................................................................................................ . who stands charge . with artd it1.dicted for a felony~ In witness whereof I hereu to set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., .... , 196.4., and in the of.. ...........Jr~l::>r.11.~.rY., 18.8.th...year at the Court House thereof, this, tht?9.t;.ll:. day of the Commonwealth. -~~-<::::l~:1:"f.·~- , Cle,k ��.0 0 T .4 0 .4 0 T ��In the Name of the Commonwealth . of. Virginia: Nadis_on- . To the Sheriff of ~County, You are hereby commanded to summon Greeting: ...Ruby Haynes {Mrs. Kermit) ........................................................ . ................................................................................. Ma.di.s.on.,....Va.~................................................................................................. . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the~4thday the Defendant in the prosecution . ... . . . . . . . .. . .. .. . . .... ...... . . .. .... . ... ..... . . . . . . . .. .... .. ..f~.PtlJ.~Y., ............, 19. of . . . .. of the Commonwealth . ... . .. . . .. . . ~9:W?.T.'.9- .. .. against County, at the Court House thereof, 9.1t to testify and the tmth at 9 :30 to say in behalf of ......................................................................................... . l:i.~W.i. ~ ...$1?-. ~J.f.l,~ t ~................................................................ .. who stands charged with and indicted for a felony~ In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the .17.thday of the Commonwealth. of... ............. Fe.b.r.uar_y_ ....... , County, Va., 19.. 6.4, and in the ...1.88.th...year �; . ' L . lj ( . �.0 0 T 1 20 1 20 T ��In the N~me of the Commonwealth S~rgeanL To the :xx,m~ You are hereby commanded of Virginia: Cjtv 0£ Charlottesville, Greeting: "(~,~m~~·~!·~~:i~~;!:~1 ··"·""·""·"""·"··•"""· ........................... . ~on ................................................................................(.Charlot tes.ville .,....Va .. )......................................................................... ....... Ger.tru.de ...Ta .lor .................................................................................... . 724 5th St., S.W., Ch~rlottesville, Va.) ·······································•········································~···4!f..·····~£~ .... C~ .............................................. . ~ (~a~~~i~~-J to appear before the Judge of the Circuit o'clock, a. m., on the24thday the Defendant Court of Rockingham County, at the Court House thereof, at 9 :30 oL .....Februar.y, ........... ...... , 1964. , to testify and the tmth to say in behalf of in the prosecution of the Commonwealth against .............................................................. Edw~:r..d ....L.~wi~....S.b.i.f'.f.l.ett..................................................................................... . who stands charged with and indicted for a felony In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the of the Commonwealth. ~ 17th day oL .......F.e.bruary, ..... , 19..64, and in the County, Va., .18.8.th....year �txecutedin theCityof,.Charlottesville, Virgin ·av onthe...... /. ..iaay of......J.4 ......... -.., 19_ iverioga tn;e copyof the within..___ .• ... ·- Execut d in fheCHyof Charlottesvil'e, Virginia,, y (, ...:1:---?L ................. , 19.~ 1.1.. _ t, ... ··-···-·· ....; in WJiting, to · byJJP 'Cringa true c py of ths wi hin. %, . ··-··--·-········--····· • .if~/J~ in per2_:;,1. Sergeant's Fee$....·-··--···~ (! Sergeant (• • Cityof Charlottesville, Virginia . 1/ I r 1 / j., □ Sergeant ( By.. . -~Q.Deputy /J~ ·(2 ( . ..................... ; in writing,. to. �.0 0 T 2 5 .0 0 12.50 2..00 1 3 20 5 .6 0 1 0 .4 0 3 20 .40 .40 1 20 2 ..00 6 1 6 .08 691.98T ~OO T 2 5 .0 0 12.50 2 .0 0 1320 1 0 .LIO 3 .2 0 .4 0 .4 0 120 2 .0 0 223.58 6 1 6 .08 909.96T ��, 17 ff .0 0 T 830 1 2 .4 2 1 7 .4 0 1 7 .4 0 1620 10.80 26JO 6 6 6 3 2 3 2 2 0 .7 0 0 .7 0 0 .7 0 9 .8 0 1.60 4 .8 0 1 .6 0 1 .6 0 8 0 .6 0 8 0 .6 0 1 7 .4 0 6 .9 6 6 1 6 .0 8 T .0 0 T 6 .B2 6 .6 8 6 .12 6 .12 6 .4 0 6 5 6 8 5 6 5 6 5 5 7 6 7 7 5 7 7 6 147 54 .0 0 ..12 50 .9 8 .4 0 .0 0 .2 6 .9 8 .4 2 .3 8 .8 2 .10 .5 2 .14 24 .2 4 .12 .9 0 T 6 .8 2 6 .12 6 .12 6 .4 0 5 .0 0 8 50 5 .0 0 5 .4 2 6 .8 2 7 ..10 5 .14 7 24 7 5 .6 8 T A I Al ~-✓ 147.90 7 5 .6 8 223581 9-!-~7 �.0 0 T n1 ~~/. ft 8 ..70 l 2 .42 17.40 1 7 .4 0 1620 10.80 26JO 6 0 .7 0 6 0 .] 0 6 0 .7 0 3 9 .8 0 2 1.60 3 4 .8 0 2 1.60 2 1.60 / / 8 0 .6 0 8 0 .6 0 17.40 6 .9 6 6 1 6 .0 8 T ~OO T 6 .8 2 6 .6 8 6 .12 6 .12 6 .4 0 6 54 5 .0 0 6 .12 8 50 5 .9 8 6 .4 0 .o 5 0 6 26 5 5 7 6 7 7 5 7 7 6 147 .9 8 .4 2 38 .8 2 .10 .5 2 .14 24 24 .12 .9 0 T 6 .8 2 6 .12 6 .12 6 .4 0 5 .0 0 8 50 5 .0 0 5 .4 2 6 .8 2 7 .10 5 .14 7 24 7 5 .6 8 T A 1 ~I ~✓ ~4'-"f 1 4 7 .9 0 7 5 .6 8 22358T �COUNTY W. OF D. DEANE. STANARDSVILLE, GREENE SHERIFF VIRGINIA 22973 ---- ---· Mr. George w. Kemper, Clerk Circuit Court Rockingham tlt.J&/1/Y-j/ Harrisonburg, Virginia / ��Witnesses 7 Defendant - Thomas F. Wingfield Harold Rudolph Irvin ~ Shifflett Homer Sullivan J/ Morris ~ Solomon Shifflett V Clarence j? for [ Edward Wayne Morris v4 • ~;;..,J:/t,i-: Loverne t~-4-iu Morris Donald Wayne Roach Wayne McDaniels Gertrude Fannie Taylor V- Shifflett Kenneth (wife Christine Branham (Mrs. Wm. Howard) Morris, (Mrs. Kermit) Shifflett James Kenneth 7 , Winnie 7 Conley Sandy Shifflett General R. V ~ Ruby Haynes Elvin of Henr~) ~ Marshall Dan Shifflett (c1arence V Deane V--- Deane • ~ C. (Rip) Payne ~ ��... ---- __ ..... _.__ .......................... _,.. ___ ............ - ........................................ _..., __ _. ___ ..,. ... _,... ____________ ., .. .,,..,,. ... ____ _,_.,,,.,..,,.,, ..,. ..... ..,..., ............... ,.,· • .., ... ..,J .... ..r ... ·J-·~..,.. ��COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The Circuit Court of Rockingham County, The Grand Jurors County, Term, 1963 of the Commonwealth of Virginia, for the body of the County of Rockingham, Court of the said October upon their now attending oaths present Shifflett, on or about the 17th day of August, aforesaid, feloniously did kill Shifflett, against the Circuit Edward Lewis 1963, in the County and murder one the peace and dignity that in and eorge Pickett of the Commonwealth of Virginia. Upon the e.vidence Noah W. Helsley and sent of James A. Roberts, and Harold Wright, to the Grand Jury witnesses to give evidence. Velma Roberts, -sworn in open court �INDICTMENT f James R. Sipe Commonwealth's c,)-. ,/-- Y, Attorney A 'TRUEBILL EDWARD LEWIS SHIFFLETT~~~ V. COMMONWEALTH murder �VIBGINIA: IN THE CIRCUIT COUR'r OF ROCKINGHAM COUNTY, March 10, 1964. Commonwealth On an indictment vs. charging felony {murder) Edward Lewis Shifflett Witnesses Lewis Shifflett, County, who are summoned on behalf and attending entitled th to the of the defendant, Circuit following Court amounts Edward of Rockingham for attendance and mileage: - Days iles (net} Total J 150 $ 12.00 2 120 9.40 Jimmy Morris 2 120 9.40 Gertie 3 J90 30.30 Mrs. Agnes Meadows 2 260 20.20 Clarence 2 260 20.20 Name Fannie Earl Note: Shifflett 1orris Taylor Meadows Witnesses traveling fifty miles or less one way ar entitled to 50¢ attendance and ~-07 per mile (less five miles going and coming). Witnesses traveling over fifty miles one v.ay are entitled to $1.00 attendance and $.07 per mile (less five miles going and coming). ______________ , Clerk. �I 0 l ,. e I (1 I I �---------,- 1- .....____ /_ ,s-P C "k_ 1r" 01 __ ., $'-10 I o- t:> ~() �--~------~,------.--.,.,,..,3•~-~____.. t -~ �• I I ,I l t ·\ + ' +-----------------------------1 �I f--- �(_ - (.,, s :J ~ ~(J E: /f n, - 7' WITNESSESRECOGNIZED IN COURTTO APPEARON MONDAY, MARCH9, TO·TESTIFY ON THE BEHALFOF THE COMMONWEALTH IN THE CASE OF THE COMMONWEALTH V. EDWARD LEWIS SHIFFLETT I Anna Mae Shifflett .,/ ✓ • 2. James A. Roberts • 3. Velma Roberts ✓ ,,,, ✓ 4. Darlene Reedinger s. Robert F. Reedinger 6. officer Noah Helsley 7. Patricia Ann Frazier 8. Ronnie Earl ~9. ✓ / ✓ ,,, Juanita Meadows Conley -- 10. Reese Conley 11. Donald Shifflett 12. Edith 13. Ben Shifflett V 14. ✓ Shifflett Margaret Morris Paul Shifflett 15. John Sam Roberts ,/ ;; t:. ~-;.,,tl &,,, ,;_,, 6r.r *u~ ,J~ v / �----- �- rk,J C ~J?Jm t,, -Jn .--H ,- I- /It- s-VJ,,,-= £,,r I s .r (/ e -/2 Tr-s j. o/, .s Yn~vvh 1; t7)1 /9't,,tj/ 6&,1!?,,f,7< '- E" &>r ski)J/,,lf 00//f'Yvt Y}1t1rYJS Morr1 ..s C OJ?/~ % ew!LI-SlJfj,,/} YnorYIS l-ovf /:3-/v1P1 - V4trµ) J?tCJrr1s J14an'/s rn~J1s01 / c lrf'l/#r-/4' I -- - ~uat,Yj I~ ,,J ~JU / ~N) VhtJ rr, ..s &Iv/Rt cl~r~re fa?<° ~.,/Hf c C7t/#ht - c.CH/#Tj tj-&ffl-P> oJ- ~;:$0/7P7 d)r-- marYJS I(J y-e,n c -e. 7i:e f;/4.,,,/ "'-J ,?,,./,, /~ (mrs~EdWJvd 133-cl ~ 1d ~ ne.. IJ?orYJ .s E-////Rt Sh 1rl/-l-r> # l-.oveRH /5~vl J7mm~ :z/~l'l?,f' t1,A;HJJ I ,';,HJ' u,, st,J//,,/f l-c::w/S Sd % &//~f- h; - Cou11 Ce7utt4 sk.t')fj" - ff 0 yr1,yi 'ft" Cc?un f.t e,/ t/r/1 Sk t'J//!" /I- bt1io,J l>tke n.£0Y:I/ s/,',JJ/~11j~J,,,/ 0ylte sJ~/ ,-,,z: • f �..., - - ....----•------ ·-- - -- --- _,.., -- - - • - - - :,,.,,...... F �----- --------- ...- -- _.., .,,,_,..,_ __ -- ----..... _ ~ .., ., -- ._ ..r.., - - ,;'. - - ~--...... --\. - .., ..,""f- .--..r.A__,,,rT.1 ..r-..r-...;- ..r �t l I I �~ {!_fu/4 ) ?-/~~!°) ~o ~ /96zL ,,e~ ~ ~~ Va. /2.e~;~- ~ cf~. DJ2-~~~ .~ ~ ~L ed!-Lu ~ ~ c:/~ ~ ~ ~ --- ~ ~ "'f'n<-~ , &(_ c::)~ l -~ ~ U ~ ~ • ~-l/~~ _.I ~ .J ~ ey"~~ ...__ ~~~ riJ(J ~ -~ ~ ~ £ ~ ~£} -~ ~~ CL, ~~ ~ ~ ~ ~~ fZ--4-_v~~6l_ ~ ~ ~~~ ; • ~ d~~ ~-(!~,~. {i,jl~ - • �- ... .,.- ~- ......._..,_ _.....,.......... - .............. .,..,._____._ -- [ T -- - - t I �1-lwn,/.J fL Jo//"!, Rf. .2 \ /5/ ,;?. 6, So/4 c. r o /5dward 1-tJt/e'r' I?, ,/4onil// (yre-bYI :z.,- f 1 e II0 j/d r , n Civsf<¼cll JUOrYJ.5 D<f Ire) t11r-~;#;cl U/&r;t1e ROwe{ p/;z_(V J1-e.. /,,J-,l fr1c DiiJ111e/2 ""1 dI a) j 'f- IS sfi>11~rJst////,,./ lw~ c). ~h~/ $ o-r 7 t, wa % Co. .- o/ /,,J//,,.)J n-roK R 1--I (:yteljlt S t/<) Q • (.sLrl,f J?7tJ,;-f'/S t/a) ?v,Jj V 1Jt /,'?J, sc/,cc,/) �r I- ... t I ,r I II l. �~tc h11e~ .,.Js v ..S:fo),f,f 0 }(p , Fri;//,(' !-le /7 ' 11,1 ~ ✓ LS/V/M 18' • 1lrcl,VJ1-,0S t/o) /ves (,,,{l),o 05a>coH Jl#/~t";I-/G:}H/4 ah,t~ V !l V//~ / * ~Otdse J f/Q) , . .,f/4,/4 l>~ke~l0o/_j~ •lrer#f/f) Cbvu- ½ £7//4;c S /# t:rd- #.rs t/J ash r JI/,- I6-v /~;;,,)) ~~ c?// slvJt!h,I i)f a /S r r- 1C/e7yrr YJ?c.J Ji s cl>7 / lJ'e.o .I ~ /le J I ...--....-._J-/~ttJ?e.s /V'- ~ . CJn,,ut · U/wl $t?YY/.S !>y/;e ✓tij fp~ _ 1 h?orr1s cltYY-e,+?C-e ~ ~ Yc9Mjii) Y/5 I r �--- J ---..r.,,;rJ ..,-__-~-~...r..-..,...._ �VIRGINIA 2 IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY 3 [](](](][][][][][][][][][][][][][) 5 ) ) 6 THE COMMONWEALTH Plaintiff ) ) 7 ) I ) ) ) V. 9 D E P O S I T I ON ) EDWARDLEWIS SHIFLETT Defendant lO ) ) ) 11 [l[l(l[l(l(l[l(l[l[l[l[l[l[l(l[l() 12 13 u 15 16 11 1e The within deposition was taken before the undersigned Notary Public at Large for the Commonwealth of Virginia by agreement of James R. Sipe, Commonwealth's Attorney for Rockingham County and Charles R. Haugh and William C. ·Preston, Attorneys at Law, Counsel for the Defendant Edward Lewis Shiflett, at 2:00 P. M., February 24, 1964, in the Court Room of the Circuit Court of Rockingham County. The Defendant, by Counsel, offered Kenneth Marshall for the within deposition to be read as evidence in the captioned proceedings now pending in the Circuit Court of Rockingham County. 19 APPEARANCES: 20 For the Commonwealth James R. Sipe, Esq. For the Defendant Charles R. Haugh, For the Defendant William C. Preston, 21 Esq. 22 Esq. 23 24 25 HELVIN CLOSE:O 8: BURROWS MICROPHONE 403 PARK COURT CHARLOTTESVILLE, TELEPHONE REPORTERS STREET VIRGINIA 295-5297 ��Marshall - direct - 2 NOTE: 2 KENNETHMARSHALL,a witness and on behalf 3 duly sworn, of the deposes DIRECT 5 7 I 9 12 13 as follows: EXAMINATION Q For the record, A Kenneth Q And what do you do, Mr. Marshall? A I'm a Foreman at Morton's Q And what is your residence A McGaheysville, Q Mr. Marshall, attended 17th? 16 17 18 19 20 been would you state your name, please? Marshall. Frozen Foods, at Crozet, Virginia. 11 15 and says having by BY MR. HAUGH: 6 lO Defendant, called what is That's 21 on the 23 between 24 either 17th, Q And were you on the A Yes, Q I'm going Day, last August the I did. grounds? sir. to ask you whether or not, at that time, a fight? Yes, grounds, sir. Here's and then Four and Six of side Field or not you 1963? Yes, A 22 the Elkton A you observed sir, Virginia. may I ask you whether called August address? what I saw. Two women was fightin' the men got into 'em. or any one of 'em. it. I'd And, personally, First time say anywhere I don't I ever know seen 'em in 25 & BURROWS HELVIN CLOSED MICROPHONE 403 PARK COURT VIRGINIA CHARLOTTESVILLE, TELEPHONE REPORTERS STREET 295-5297 ��2 Marshall - direct my life. That's that, - 3 all I left. I saw. And as I was down there 3 Q Now what ' A Well, 5 Q Now, did you see I didn't. 6 the time I'd did say with this the No, I Q Could 9 A No, sir. If you pin 10 Q I'm going to ask fight start 1s I happen u shirt sir, Yes, on, but Q it clear of baby. place? and Eight Thirty. the fight no, sir, between it down, or not I couldn't. you saw the in my mind -- into one -- one guy -- guy had a white know. color hair he had? Could you it? Q And where, that you saw? A It 20 women? you whether Do you know what 18 hillside, sir. was over over Q Was there 23 A Yes, anywhere from Q there grounds, beside a crowd there Fifty on the did this fight some tents. take Next to the (Indicating) there. 22 25 start the who he was I don't No, 2, Eight after and my little take I saw some men get A 21 my wife else men? 17 place, describe sir. to have describe you among the A 12 19 anything women? A 16 as fight between 7 11 far to gathered was quite Sixty How many people Feet would around a few. from at I was at the time? least it. you estimate were HELVIN CLOSED 8c BURROWS MICROPHONE 403 PARK CHARLOTTESVILLE, TELEPHONE gathered COURT REPORTERS STREET VIRGINIA 295-5297 ��Marshall - direct - 4 - there? 3 5 Well, A 2 crowd. any of Let's I wouldn't put Q I'll the parties exactly it that way. ask you, for involved the in 6 A No, 7 Q Including 8 A No, 9 Q Do you know any of 10 A No, 11 Q Mr. Marshall, 12 Shiflett, here the this to deceased? morning, Q This one right the parties? if sir. did that's· the Defendant, Edward Lewis you not? one. here, (Indicating right) sitting whether or not he was one of here? 16 A Yes, 17 Q Could involved in that you say you've never 21 down. If 22 sir. it's seen I had like anybody to pin this here. It's before, it's pretty my life MR. HAUGH: 23 CROSS 2, the men fight? Well, A 20 25 you related accident? you saw the 1, 19 a good sir. Well, 18 this are was just sir. A right record, It sir. 13 15 know. on it, I have pretty hard I wouldn't nothing hard to say -- pin whe 1~ it so, no, further. EXAMINATION BY MR. SIPE: HELVIN CLOSED & BURROWS MICROPHONE 403 PARK CHARLOTTESVILLE, TELEPHONE COURT STREET REPORTERS VIRGINIA 295-5297 ��Marshall - cross Q 2 the fight 3 5 ground - 5 - Mr. Marshall, start between A No, Q And the sir, I did They 7 Q And from you stated 10 Q There l1 A Yes, 12 Q And I would between 1.5 16 occurred 11 of A Yes, Q So there there that between And you in A they were on the sir. was occurring Fifty or Sixty between Feet away? around there? the crowd gathered they there were were fighting? a number of a number of people are did not things observe where the that could have because fight of the crowd was actually occurrin sir. that could not identify the people who were fight? Well, guy was in fight around you and Q involved yes, assume you 19 25 saw them, sir. Yes, don't see sir. A n you the was a large 18 the not sir. you and where people " time you were Yes, 21 you did not. where A 20 stated women? was down there, 9 13 you fighting? A men, the first 6 8 I believe like a white I said, shirt, know how many was in Q You saw a fight A Yes, sir. It the or only thing somethin' is like -- actually, that. And I it. occurring? was a free-for-all. HELVIN CLOSED & BURROWS MICROPHONE 403 PARK CHARLOTTESVILLE, TELEPHONE COURT REPORTERS STREET VIRGINIA 295-S297 5? �Marshall - cross Q 2 the fight 3 5 ground - 5 - Mr. Marshall, start between A No, sir, Q And the They 7 Q And from you stated you were Q There 11 A Yes, 12 Q And I would between 16 occurred 11 of A Yes, saw them, they were on the Q So there there that between And you A sir. was occurring Fifty or Sixty between Feet away? around there? the crowd gathered they there were were fighting? a number of a number of people are did not things observe where the that could have because fight of the crowd was actually occurring? sir. that could not identify the people who were fight? Well, guy was in around you and Q in fight assume you 19 involved yes, sir. Yes, don't see sir. A 23 you the was a large 18 the not sir. you and where people " time where lO 21 you did not. was down there, Yes, 20 stated women? I did A 9 13 you fighting? A men, the first 6 8 I believe like a white I said, shirt, know how many was in 24 Q You saw a fight 25 A Yes, sir. It the or only thing somethin' is like -- actually, that. And I it. occurring? was a free-for-all. & BURROWS HELVIN CLOSED MICROPHONE 403 PARK COURT VIRGINIA CHARLOTTESVILLE, TELEPHONE REPORTERS STREET 295-5207 �Marshall - redirect Q 2 - You could who had a weapon, A 3 not say whether or anything of that anyone 6 - had a weapon, or nature? No, sir. MR. SIPE: That's all. REDIRECT EXAMINATION 6 BY MR. HAUGH: Q 7 8 fight One further question. Were you there ended? 9 A No, sir. 10 Q Did you see any Policemen 11 of the in the At the fight? u somebody shovin', 15 Q Do you know what he had on? 16 A No, sir. 17 Q Do you authorize 19 20 at the was I was goin' No, sir. I saw after this that, time of the 13 1s area time fight? A 12 when the and I don't up through Only one thing there, and I saw know who he was. the Notary to sign your name to deposition? A Yes, sir. MR. HAUGH: Thank you. That's all. 21 And further this deponent saith not. 22 23 24 25 By Notary Public authorized to sign. HELVIN CLOSED & BURROWS MICROPHONE 403 PARK CHARLOTTESVILLE, TELEPHONE COURT REPORTERS STREET VIRGINIA 295-5297 ��- 7 - 2 3 5 I, Georgette 6 for 7 certify • to the 9 accurate the B. Burrows, State that of Virginia the best Notary 6 pages at Large, here of my knowledge and complete 10 deposition recorded 11 P. M., February 12 Court in and do hereby appended are, and ability, transcription 1964, County, an of the by me, beginning. 24th, of Rockingham Public in the at 2:00 Circuit Virginia. 13 Given under March, T5 my hand and seal this 2nd day of 1964. 16 17 18 19 20 21 My Commission Expires January 4th, 1967 22 23 25 HELVIN CLOSED & BURROWS MICROPHONE 403 PARK CHARLOTTESVILLE, TELEPHONE COURT REPORTERS STREET VIRGINIA 295-5297 �~ " � 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/. Title A name given to the resource Commonwealth v Edward Lewis Shifflett Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1964 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_021_012 Shifflett https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_013_009_commonwealth-v-edward-rinker.pdf 1350d4ba300c567589b5c57bf445e329 PDF Text Text C. R. WINFIELD ATTORNEY-AT-LAW, BROADWAY,VA. Uov. 11, 1937. Hon. H. W. Ber tram Harrisonburg, Va. Dear Judge Bertram: Re: Commonwealth v. Edward Rinker Some time after 4 0' clock P .. r. , yesterday (Nov. 10, 1937) I received from Messrs. Conrad & Conrad, a letter enclosing me a carbon copy of a note of argument in the above entitled cause, which they advised they had,on the preceding day, handed to you. They also advised that you asked them to inform~ that you would like to decide the case before the end of this week, a.nd that if I wanted to file a reply you would like to have the same within the next day or two. Messrs. treated I am now enc lo sing to you (copy to Conrad & Conrad ) a short note of argument to be as a reply to the note of assrs. Conrad & Conrad. If you will be in your court on Saturday morning, Nov. 13th, and would then be prepared to pass on the case, I would be pleased to be in attendance. I fix the ate mentioned as being about the earliest day that vrould a1Jpear now to be practicable for the hearing • /hen you have received this would you kindly telephone me as to the occasion for my being in court on Saturday morni.ng ? Very truly y~ . {/:/?~inf'::/+ CR\/:EK Enc. Copy to Messrs. Conrad & Conrad o ��C mmON\fi""'ALTH vs. E \/ARD INKER REPLY NOTE IN BEHALF OF CO:M1!0NWEALTH It having on the trial by the Corrnnonwealth - for that the defendant, of way arising tiff, the purpose the main questions ight (2) consent, the servient of way, it enjoyed "v'as well the right unless titled across by a contract ision hat bring Coe private rovided Doad or right by contract, without provisions gates a right the landowner gates at convenient through his was en- • in hearing 2039 (26), the facts of way, except gates established of the statutory which in terms over which a other may erect the allowing across of way extending the influence owning land a fixed the ovmer of the easement Section : across open, and maintaining of way within of 1936, any person 11 it are gates at common la.w that a right As to the case evidence of the plain- • and maintain of erecting to an open right lands down or leaving recognized places to a right and penalties the mouern statutory owner to erect and suitable ands, from over the the inhibitions any such gates part was entitled owner to erect y the law as to the breaking wner's only - which a.re to be a.etermined of the servient of way ; case been conceded of such trial w. Rinker, Edward out of prescription, the right (1) of this where it across in proprovides or others is have otherwise such roads or ( j ��rights of way at all roads on each side This 98, section 129 points at which fences 354, 355 in Meadows vs. Meadows, 143 Va. • Under the evidence the requirements are met. both through the right lands, the plaintiff of way so far and had fen«es of way to the gate dollars a forfeiture for the leaving owner , of any such gates By Code Sect. person, without of another than for property of another was evidently unquestionable established no such right Sect. there 2039, permission is provi owner, ed that pull of another permission, xx.._xxxx he shall twenty dollars but not felonious, - real or personal of five dollars fixed by the Tri&l such fine that can establish that to knock down and leave in the defendant hnd it has been 2 of any . appear by the complainant. • injury It would certainly right be is also of Sect. defendant any down the fences of the Code, a penalty 4479, if the provisions the is of the land- imposed under unless of one nor more than five nor more than the unlawful, The fine enforced five side by him • the same down, or without fined provide it of the open the gate By Sect. than without 4481, open and leave not less on either . permission and leave on as the same passes 27 of said open, gates o,ms the land extending of not less in hearing to erect which was erected Under subsection provided in the case the lando mer to say, of the right his adduced ·which entitle That is sides to such thereof.'' was construed s. ~- extend Justice 4481. should he had so~e dov-m the gate is submitted shown. that be ��The ci-..:.seof Supervisors 119 Va. 763-773, the width statute that vs. 91 S. E. 124-133, shall allowing be provided a railway a public road,and original road deals with that control • R. Co., the question and respec tea under company to change does hold should N. & W. the width of the the location of the user in the new road of of an established in lieu of the olC. one • The same principle the rights there acquired is very contention off used slight that the defendant be applied right of tle if any, for by plaintiff had at any time the cut use of any part road bed which the defendant to of way, but foundation, which was erected of the theretofore • It was established very shortly with the same was knocked three loads in such before ight down and left of hay had been hauled operation neither of way claimed to adopt the gate he fact that r the gate he post was disturbed; encroached on the would be a dangerous could by force The safer and arms plan, having would be to of way to seek relief in a • after having through from the are been used connected by Mr. Bowman, and of the community, of the right the defendant e was acting e inferred the defendant and security the claimant of equity to some extent, it that and fence or the fence such ohs true ti ons • view to the peace evidence open by the defendant, through by defendant, that emove or demolish equire by undisputed the time when the gate ut even had the landowner, ourt perhaps, of a private and doubtful the gate or deprived actual by user might, knocked resentment experience in driving and connecting made no effort fencing up the fence down the same indicates that and anger, well of others through to set the gate and it might that with had a little the load more of hay would hot have been knocked 3 down• ��As further Rinker that family after in regard the gate defendant post of a gate side of his warrant against dismissed line, succeeding but the Trial day - the heavy where the right of way intersects also which warrant Justice down by the on the southerly the plaintiff her; must be remembered had erected as was the warrant Rinker; of way it was cut down by a female which act of mind of the had been knocked which plaintiff road, for to the right on the next boundary family, of the attitude and fencing - probably the public evidence sued out a trespass was by the Trial against being member of the Rinker a co-defendant doubtless Justice ,;ri th Edward of the opinion that ~ the mild fine would serve possession of five the purpose and lawful It defendants II testified for manner use of his that as to Miller's the defendant in which he closed without imposed on one of the defendants, of quieting is believed in good faith, ly, dollars but embers of ~is the witnesses in Trial Justice Court, suggest than do any acts e imposed , part emphatical- to be attributed and the other in the matter, intended are more to provoke a contro- of the plaintiff indicate in malice. t woula. be a dangerous Trial 11 denied, of tbe defendant ahoYm on the Upon the whole, f the learned he was not acting Mr. lililler attempted as were iillltiklllEli the defendant who and the a controverliY who were involved that hat he was acting shows that to provoke foundation. family for towards and on the whole the acts trongly ersy the comments of counsel attitude making any such statements to him, in the property. the road intended substantial the complainant it is most earnestly and unwise Justice on the defendant, course as to the 4 to reverse very mild Edward Rinker submitted • that the finding penalty which ��Should other he be permitted unlawful and provoeation life culties acts than on his might woula. involve to go unrebuked part be given for his would be most likely that in the ordinary some of the parties they are now confronted • 5 act to follow course in more serious with. espectfully Copy to Conrad & Conrad unlawful submitted, diffi- of �( �COMMONWEALTH vs. EDWARDRINKER It Miller's is t econ of the prosecutor, J.B. committee: That the defendant (a) to any right of way across defendant is by prescription of way across the lands to erect placns the ~ate sides the alleged right gate For the right on the the general to a right the prosecutor the right has the of way at all extend to where prosecutor is charged established with pulling down owned the land on both sides had of way, and ECi:E. fences rlauuli:Hg extending on each side to erect provisions the thereof; which the defendant open 1the prosecutor that of the prosecutor "'hat at the place and leaving to suer entitled across and fencing of way on both with gates of the prosecutor; be established or otherwise and maintain (c) it is not entitled the lands of the prosecutor where the lands the right Rinker, or through That even should (b) right e tion of the right and maintain of Sect. rinciples announced :m.rubcE.aaauocxtiri 165 Va. See also the latter part Tinsley, 140 Vao 240, of way. gates 2039 (26) prosecutor relies first, of the Code of 1936, and on in Good vs. ~etticrew, 526, 183 S. E. 217, of the opinion 124 S. E. 290 j of and cases of the court et al., cited in Terry • vso �L �The evidence fails to establish by the def en an ts was ever fails to establish use the right that to pass The principles the defendants establis ed in Gaines question on by the prosecutor Miller, to the claim it title Virginia cases of prescriptive must be borne acquired in mind that to his lands as to any roadway passing rights could that not might it be held to pass right would not, hibit t e landowner the way. gates on to his claim under over from erecting provided warranty or exceptance so that at deed was made the least by prescription any father has the right of the prosecutor and maintaining by statute. position. J. Bo the defendant the right of this the prosecutor, by defendant's tl e lands on the by the the common law doctrine nd in Virginia is especially that M:erryma, asserted the lands, have been acquired Should by prescription tack through vs. bearing by a general in whic1 no reservation • in support right from T. J. Rinker defendant by prescripti~e over the lc:1.nds of the prosecutor subsequent defendant hig way, and also acquired 95 Va. 660, and all In respect the way asserted at any time a public announce are relied that to erect such as to gates gates arising , pro- across and maintain such ��ST TUTES Code 1936, Sect. maintain gates across 2039 (26) Landowners private land over which another of way, except erect gates Constnued Held: section contemplates the gates thereof, shall the provisions 0...u- ~ .,,:)~ Sect. ?J. without open and leave public sides which extend thereof s. at • E. 354 • claiming the right of the road is on the plaintiff or on each to show that • /~cJ down fendes may points to such road o~ the statute s; or leaving of the owner, of another by order open gates runs crossin of the right not less than five open and leave a Justice '71. /,f'3~~. pull or any gate of the court, the owner or owners of land through open a gate of way of a railroad nor more than - down the permission, across or if any person which a line or any public he shall twenty dollars ~-, /&6- a of or private be fined to be recovered of the Peace. t?~-c2//7. ~ E-2.Ji'tJ. % - ~~~, ,,,,,,::z~ • • the same down, or without open the gate road wstablished than permission and leave railroad #~ by contract, the person on both or right i hed - of another before that owning road of way at all c::J~,,.,., 4481- iulling If any person, other provided on each side own land and the burden he is within fence have a private to such roads and Any persons or right of way and have fences p may erect in Meadows vso Meadows, 143 Va. 98, 129 to erect side - ot erwise such road extend TJis right roads or others where it across which fences LICABLE ~. ~::>~~, - �,) �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGI_IA CONTiviONli\'EALTH vs EDWARD RINKER To the Honorable H. W. Bertram, te hand to you herewith the papers Upon further file a brief in this a right a gate at rights has been clearly way had continued acquire for right. ever was used, by farm wagons. 773. among other iller, It is was not sufficiently loaded farm wagon, and this for as to Miller's the defendant closed the road to provoke of the right had no right in Trial shows that a controversy. Justice he was not of ar his road, and of way so acquired is vs N. & W. the road in this agricultural to close the proper of the post towards Court, Rinker products the road in farm wagon along the so-called wide to permit attitude that of a loaded that cause with of way. to use the hauling with the driving was the right Supervisors for shown by the evidence was the use of the right any consent things, it and in such manner as to of the user. therefore, erected The evidence that is no evidence for the may have had that in this It has been shown that such a way as to interfere same. and others The width Miller as would not interfere period asked we take defenses. in question, such gate There by the extent 119 Va. 763, instance the the place a sufficient in title to be determined not to however, even though shown by the evidence the use was continuous. R. Co., that of Rinker a prescriptive predecessors to the court, comments on our client's upon him to maintain the prescriptive It the case is our contention to maintain incumbent we have decided case. of making brief It Court: in the above matter. reflection, In submitting liberty ~udge of said gate which was passage being the witnesses or a torn up. who testified and the manner in which he acting in good faith but intended �it,, �2. It accidentally pulled the gate. that at place. In this given by Rinker he did not think As Rinker he had no criminal respect the case in which this criminal liability for as he was acting under [iller for failing the post under this and consequently is like recently cutting the held timber a bona fide Turner Respectfully through the to maintain bona fide a gate belief, case against A. M. Turner was relieved from any on a disputed belief to pass no crime was committed. trespass that was to replace had any right was acting intent court that up by the road wagon in attempting The reason post:is that has been shown by the evidence that portion he had title submitted, of land thereto. �IN THE CIRCUIT COURTOF ROCKINGHAM CO.UNTY,VIRGINIA COMMONWEALTH vs EDWARD RINKER Note of Argument for Defendanj �... 1 I .... ,A TRIAL JUSTICE COURT ~ V.) ,L ' • ' DOCKET NO. I 'YS l �\ -----------. \ �C. R. WINFIELD ATTORNEY-AT-LAW, BROADWAY, VA. October 21, 1937. Mr. J. R. Switzer Clerk of Circuit Cou t Harrisonburg, v~. Decir Sir: deed ref January to Jacob certificate record. at which Please make for me an attested copy of the erred to on enclosed memo; that is deed of 11th, 192? - Deed Book 13?, ~age 456 - Thomas J. Rinker B. Miller . It is not necessary to copy the of acknowledgement or as to the admission to It will be sufficient just to note the date admitted. I wan~ to use the copy tomorrow - Friday mornin 6 in trial of the case of Commonwealth vs. Edward Rinker. Very truly CRW:EK Enc. yours, ��a ~~ . These are, ~~ • r~ Commonwea «~ltro~o/t,.,,o.t, command' you forthwith to summon the said ____ _ o appear before the Trial Justice of the said County at~ on the ~ Ill# , in the said ;;2.7 .L~,----- ---~~_M., of thHday to, oreover, required to summon g~ to appear at the same time and place, to testify as witnesses on behalf of the Commonwealth, complaint. 2:tJ~ And have day of~ there this warrant with your return thereon. touching the matter of the Given under my hand and seal, this , 19¼. ff/,B,d -r.-t'"or J.P. �- . .,,._,,.__11. ~" l -, \._~ , .. I ·,'j_ 'J_l ~~ vs. { MISDEMEANOR SUMMONS �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereb:ycommanded lo summon.......L~~·······~~ •...... ~ ~I ... ..,....~.: c::.73:;~~ JY~ County, Greeting: ~~ ..... ..... ~ :::.~:.:\:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.~::.:::::::::::::::::::::::::::::::::::::: to appear before the Judge of the ~l Court of Rockingham Count)), at the Court House thereof, at 9 :30 o' clocle, a. m., on the..l.7--........ da:y of_........................................... .-,:~., lo .J-7 ...................................... 19 ... lestif:yand the truth lo s :Yin behalf of the Commonwealth against ............................................................................. . ·······························································~··?f ....~.tA- n,ho stands charged with and indicted for a da:y of SWITZER, ••• 19 /.7, ~ .................................................................... ~ misdemeanor. And this :you shall nol omit under penalt:y of £100. Witness, ]. ROBERT .. And have then and there this Writ. 7-.f.:!:::: Clerk of our said Court, al the Court House, the... Cle,k end;" th~i~i;;:;::;-c, I Massanetta Paper Co. Print FORM NO. 457 �1f ;!I"? ,,~ j{, a, tf ~ ; . 3 r r+ (£/~ tf J • , r ~ ~ ; j - ~ ~ ~ r~~~ ~ £. ~ ~ r :tt - <, \ • _0 i �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereb_ycommanded to summon ...................................................................... ·-·················································································································-••···································································-·~···········.· ....••..••••••••••••••••••••••••••••••••••••••••••••••• to appear before the Judge of the Cir uit Court o Roclting am Count,Y, at the Court House thereof, ?.::?: ...a,Y of...... at 9 :30 o'clock, a. m., on the... sa,Y in behalf of the Defendant _?(the pros~heA . ·····-·················~··········· 19....?.710 testif.Y and the truth to C ommo11fealth against.............................. .................. . .................................................................... (R°'h& '······························~···············•································································· who stands charged with and indicted for a feleny-misdemeanor. And this _you shall not omit under penalt_yof £ 100. da_y Witness J. Rf BERT SWITZER, n/. 1!---,_· Massanetta Paper __ 19_27, Co. Print And have then and there this Writ. 1.'..d-, Clerk of our said Court, at the Court House, the...../. .. ood in J:~X+th .. Cleek FORM NO. 5 �~~-a IZ; /4-t~ d-~, (}_ ~. . .. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: :~:m•nfi=zlf~·,.·······~.~~ :.~d:: :L~~i::: :~ :;~ar 0.:;::~: :~e ...:~.~.~el~1~Jz, ~;.~~t····°-~···~~.~~°.~.r.~ to ..testif:y..and ..the.truth ..to.sa}}~~o~ ......................................................•....... who stands charged with and indicted for a-Jel-ony-misdemeanor. And this you shall not omit under penalty of £100. Witness, day a/ Massanetta . ROBERT SWITZER. ~ Paper 19]J. Co. Print And have then and there this Writ.# Clerq of our said Cou ·t, al the Court House, the../.Z. .......... and ;n thji!:l~~ FORM NO. 457 Cluk �!£!'1J'<tn1;z~ ...0...J ~~~z;~~~ vV...t--lz:f ~a-q tu~~. 'l{e_, Not finding Bessie Lantz att.fier usual~place of abode executed Oct,.f8,I93?,by delivering a true copy of the within summons to Loy Lantz in person at said e:essie Lantz usual place of abedc Loy Lantz being a member of her family above the age of I6 years and exp~a1rfnf> tr\. ~u.;port thereof to, him. -~~Deputy ~ -~ for !it.~ ~., -\J.. ~ r-•·"'~e •- r·,cc, ~ ,J \ ,€\ /l ' -',. - ~~ r.J.~~l:il ~ - .. Ji' .,,_.'" ~~ k~ 't'\i J.N.Bazzl~,S.R.C. ~ t;J"-"-•• • H •n :pocun_ - ....~ --·-,·o Joqwew u ljuJe~ I (:""' ..,;;;~~ K'2'4(!-,.,,-. ,. ..... 'f\/\ ,o,-- t; 21u1.1e ll"!l'l~n BILI l'e ".p .. ~":'"'t'~ • {.) - 10 >- >d m- ~CJ-P~lnoax3 :::>- ')I- ~,o,r"7'J' ~-n - 'epocre ~UIOUll JO eo.tj<! lOll.' �VIRGI1IA: IN TtlE CIRCUIT COURTOF 'OCKI GrlAMCOUNTY. COMMONWEALTH -v- Depositions EDWARD RI KER Deposition First National Bank Building, day of October, Defendant Court of George Crist, taken Harrisonburg, Virginia, 1937, to be read as evidence in "the tria.1 PhESEfT: at 306 on the 16th on behalf of tne above entitled of hocn:ingnam County, by consent, proceeding of the in tne Circuit Virginia. George D. Conrad, Edward hinker. C.R. Winfield, Commonwealth. Esq., Esq., attorney attorney for for the GEORGEH. CRIST, after being duly sworn, deposes Direct and says: Examination BY MR. CONRAD: 1-~ A. 2-~ A. Mr. Crist, Timberville. You live Yes, miles rignt in Timberville? sir. 3-1.i: How long A. where do you live? have you lived All my life; in that not in Timbervil.Le, neighborhood? but within two of Timbervi.1le. 4-¼: A. 5-~ A. 6-~ A. v,hht direction Well, nhat for did you live eighteen years, from Timberville I lived west. is your age now? Sixty-six. You are ac~uainted Yes, sir. with bdward hinker? before? �I.J ) ./ J. .l. i IJ J, rro J i"i .tu j ~ 0 t ;., J 1 .. , .l. .. .I. J. ~ .,·. u ~ t J ... t t. d ~ l ,J .. l ~ . 1~ J~ • t' .I. • L .... V ..l j i l 7 ,....... j J. :., l •I a)- ~ J �2. 7-Q You knew about tne controversy iller abou,:; sowe gate dovm there between on the road, ninker and I mean some fence on the roa.d? A. • ell, wna,:; I Kne, about it was what I heard over at the trial. ~hat was in the Trial A. Yes, Yes, as a witness there? sir. How long nave you known tn&t road 10-~ fence Court? sir. 9-Q You testified A. Justice on which this was erected? A. - Well, 11A. Well, A. it State It known it ere n 12-Q Miller I've ever since r ad begin began at either what ro&d it connects v,ith I've known anytning. and where does it end? place. connects with. the Rader' s Church Road and the Road. Both of those 13-~ roads lead into Timberville, do they not? A. Yes, The Miller 14-Q westerly it ir. direc,:;ion Road runs and ti1.en curves out of' around imberville in a :a.orth and runs nortn, does not? A. curves it around northwest 15-Q Timberville 16-Q it leaves A. runs in like and joins & And tne Rader's and tnat A. after Yes, road is nol'th westerly direction the Andrick Churc1 hoad also of the Miller and then it Mill Road. runs out of Road, is it not? Yes. And it winds on around in a northerly direction Timberville? Northerly direction and tnen they connect up beyond7- �l l J 'I , l ... I "j . 'I . .) [ ,v' t. • l .r j b ) .J .1. . I1 . .., ll .. .., 1 l �J. 17-~ Andrick Mill (Interposing) hoad, are tney Yes, A. 18-~ it ~hey are connected by the not? is ~ny~ay, iell, connected. they both run into the AndricK Mill hoad, do they not? The Andrick A. Rader's Church Road tnat I have it A. Here is Yes, 20-~ point is also connects into here road the v,ay hoad coming out there. Road. tne Andrick nere tne other Mill road, Road rignt at is Andrick ine Miller with Yes, Mill A. property road. on the Miller hoad before Road, is it? property fence and runs was erected across goes to tne Rader's not? through. And xxx on ·the vay across land and land mountain road on wnich :this Yes, goes clean 24-Q is two roads sir. to the Miller does it Church Road, and these north tne Andric.K Mill 23-Ci: And tne next Rader's the same road? and go on to Mount Olive, connects Church Road, is with rtight A. Neff have to go around the Miller runs And here 22-Q in right otner e • A. that this as snown by your diagram? 21-Q connect witn to you. ~ne Miller that And it A. and that oad connects goes on to--I'll drawed to show it 19-~ that \Jiill that you used there it to own down there passes the and is now ov ned by Deavers? A. 25-Q A. 26-~ Yes, sir. How long have you known that vell, I can remember it as far road across back as fifty Wnat use has been made of tne road during there? years. that time? �...... J :?81:U G -:u1.; s !.d ~ S' V "' , ; • Q9j . ,..jJ 1,G~ "" l s·r;; '.,SfiJ OiL '.) . I O!J Jl l. ...1 ;c.i lD ta~Y ,1 " y 11 1 ' }_.a.,J , 1:. j , ..; J... i. .. (. J i,r ~ (' , :, :J 3 _._, .)V ., . -· ., - I l1. J >l n.. ,-L .. ., r_ 1 . ,,l.4- fl .. j l •. l . ~ 1'.J j , : l J •J' '• 'I .: -v •. • ... ➔ J t J..l ~ ... .. "I.::F>l.L ~ ti .J ..J ...•. J' L- ,llv '1 J:, i j .... 1 .J. l. 'I - ,v a.to ,:! j 1. .L • l , 1. • rl. (. .l ... J j l l l. '.( .[ ;J .J ... d! • ·1 t "' ~ J. ':., :( . ... • 'J j • lv ·j ; _, ; ;J ' ob .' '1 uf h v u -.J• .1'! ..l'J I I ,,. v"' H.u. 1 •• ). ' t ...;'"l .. '!.. -J .J 1 .L J j .I. Jt !T ... .1l ) I. -(';U f._, 1L! 'HJ .. . • f1 .,., t, ,. ;,i ::;) ) l. • .... o D 11:Lf' h.' • l • ::,. J )J 1j �It has been used by tnose A. there used to go to their it in going only Know tnat farms, through and, there people of course, that said is what I mean. tnat and some of the witnesses fill silos, lately lately, because said but it they used hasn't silos over at the 27-Q What, if any, use did the public Well, but I trial. make of that The public, road? or Hollar to go through there and been used very much by the public nobody but what has land in there uses it 28-Q Has any use been made of it by peoyle Rader's in some of the farmers when they went to fill by what the witnesses A. nad land very much. going to Church? been kept A. I couldn't 29- Durig tell you. t e time you've known that road, has it open? A. As far back as I remember, JO-Q Do you A. Kil.OW It wasn't how it it was kept up, repair it their crops ~ell, and keep it repaired? kept up very much. 31-Q Do you know who did repair A. has. the people that up enough that it and keep it owrai the land they could get up? in there would over it and get out. It 32-Q A. Yes, 33-Q A. 36-~ A. rlow long I helped by those keep it I don't years. piece in there? of land in there? know exactly. road to ha~l crops to and from? sir. Haul seed in and crops Yes, people up myself. did you ovm that Did you use tnis Yes, 35-Q A. sir, About five 34-Q A. was used generally out? sir. Did you have any pasture No, we farmed it all land in there? when we had it. �1 r ..,1 0 .. L .. . ·1 ..- .t l- ... u u..; ' .1 .. J J ; ) ,'( :!::, ) .) J·v ; ~ L ~ •• .L .. l I l V .)l .. J .., J .i. J ' .1 oJ j J -u • 1, ~ 9!1.:t J .• .1. (., ' '!U ...1, l , .lJ. ... •l \, - l J 'rd J j Oc C. tJ~n Lt J. ~ ... . ' .., • ..._ \. .u ' .11.J L r I) .. UV ·r_v . .. .... l ..... . ...... ~C.,'IS 1 -i:1:e.nj Qj '1., .., J.. J .)., A . t .. l J J.,J 't . .t, , 't .') ~J.f i,,L) j 1 J.. • L 1 ; 1. ' u .J .l 'I , l ,I I .J J u .v • l. gJ J ..,l, . t .1 •• 11 91IJS')Q J. i j J .!:• , ,I <j'.11!:> 'L ...fi J c?.f I:JL.1..L1 tl .:uo. J; r[ 1 l 'J • ti I•' • l .llS J • C. I t t .. JJ JJ J ' l ... fJ.JL l2 .._ ·r :1 . , .. . () ! ,~ l., ~ .1 ! i . 'J. • I • .,_ , ~ .. I I " .r. • r "-- • .1:1. _j _,, - ,.,, 'l ~ , ... .J.. J ) '/ ... t ' ,J-., ~ ... ,{ T ,;- - .. \ . _ . . ,y .' ... .LJ(;. 'I'J ., .l D:JS '· .J....,..Jr... i .. Jl .u Jl ( • d, .J 'i J -~ .. I -... I I., . . J ,.; ... .I. ,._(, r L ...c:. 'f" ..... lJ . ,., J-., ·- l. !J(.; l , J. L ·• J. ' l J. • ti . I " ,A C, l., i ... ... (,, ·.. V ru, 1 ...J . jl ,v ,J l . _r ,J'l l 'It, 0 .l. l J ) , 1 \J �5. 37-Q Ever been any gates dovm there on the 1 iller end? BY MR. WINFIELD: Questions objected.to as to tne use of tne road by the witness are as irrelevant. BY MR. CONRAD: 38-Q Was the same use made by people land, whicn is now the Neff land? A. What is that? 39-Q on that Did tne people road make the A. fence was torn there Mr. Rinker Up to ne time you was farming it at tne same time the 41-Q of tnis This il er fenced u the road, had on it? I remember of. Not that A. is a diagram which you have made of the lo- road? A. R. adjoining down. ever been any gate cation who Ohned the land same use of the road? Sure. 40-Q BY wno ov1ned adjoining Yes, it is a very crude one. CONRAD: 1 1 11 mark a cross the road that is in question. and the part here in ink, The rest in ink snows the rest ½ith your approval, of tne diagram of is in pencil of t11e road in question. WITNESS: Yes, sir. 42-Q I have marKed The part 11:XX" is where it was fenced off? A. Yes, sir. 43-Q You lived this land for some years, A. BY nR. CONRAD: Up until within three-quarters of a mile from did you not? I was twenty~one years old. �.,. ll ~ nc J .L., 'J !..J.l.: .:d ) ·rt JO l '!";.JV .. .!I •• ( J ..., ~ C~ .J - .... i .., . ..,.1 '- ::J .t v V tH j ,l • l _J,. ,.J ..... .3 • 9 .., _) 't J . .. • .[L -• .t ..... l L l ':j • .. ) 1 l.. ,B v ..,'.; :; )9(.J . J ., ~ :':I s ~e iJ 1. . .., !) 1 • .J.o. l, •• .'.l ,J ,. (_ ~ ,j ~ 't ..i.. I l l t .; .. L . .L ,J . 1 ... I r~ , i J • .. ! ..I. l l, LL ,H. ,, . i l J 1• ( . t h ' . ; 1 ia .L,l • .ti ~ .. . J '- v •• 1 v. .,ll;) '~ ~ •L .J ::-- , 1 r l J. .,. .. _J. • ·1 n >' 'I , ' I.JI I J_ l • .. . 'I 1J'I u l::J'I • l . ,; I.) t l e ~ ":) llu • .I. ~ :;;Vl d D u t ,Jl 1!J l,11 , 'J.._, J J : l,. j, .. " J {&. �6. BY l'w . CONRAD: I ask that for this iagram be filed, marked as Exnibit the Defendant. MEMO: Thereupon, the diagram as marked and filed as "Exhibit, George H. Crist, No. A" to be read as a part of this evidence. CROS BY NJ.R.. W 1 FI!'.;LD: 1-X Mr. Crist, which is claimed by tne defendant, A. V 2-X hen did I last I don't passed over a. passed that land .hinker? pass over it? you say approximately 1918 to about over it how many years since it? Wel~, if quite I sold tne land 192.3, I think, often; passed about--,e owned that and dur.1ng that over it land time I with my automobile during time. 4-X adjoined The land joined It Charlie was Charlie from the J.B. joined Jeff you say was owned by you, at th&t time, this road, in tead John Hoover and Charlie road, and it of Charlie Neff, Neff 1 s aunt. land? Did anybody have a tract The leffs 7-X l'he Neffs and tne land A. v1ell, this North. 6-X A. aunt; along he land which was o ned by you was in what direction Miller A. laid and John Hoover. Neff's 5-A land tnat who? A. it over this remember. .3-X Can't from about pass Yes. A. you last when did you last sir. between? owned a tract. owned a tract owned by you? Yes, lying between the J.B. Miller �TI ,- H~ ' . ... ,... • ....- -;:.·-raor r•(;"" ( .,.qi; ·: r,o·· I., • ,. ,-. .. ,-, '1 • f;, n. --~ t l (TI, - Tc' •• , y ; r l'.'" i CI ·.r.'1...,. f' CT":) 1 !"" r·•·: r:'OrA • T f" ., r0r ,'". . .,...- ' r ' • - , t'r_r·c r • !"_I Hf' tr, ._,,..,c'"1 rr:.rrrcTT t· rr.c ,-- TA ~ ,, r ,,. ~ - rt Ct· r'' - r,- 1 -'r .f 8 ~-lsr. l. 1 ~- frmJ,f ! J ru:cr. f ,,·-1r-:-;,. f'"' ( ; r·r r I -....--r,. ' '~ ,rnr, .., (~n.r f ••• ' ,.,~.-,.~""--;; r-· -· r q· ' ·- f .. If • • {-" ... -r T ~- ~ ·rr f"' < ,..,....., ,-.,.,.-,...~ ... r· r1_._r·1 '\ ~ . ") r- • ('C- rTY• ~ C - "')", ~ .... ,0"'"_1- J'1 ~• .... rr., :, :T ' rr ~ o '1 ) " r ' ' /,,Tt'()•• .., ..-rrr ( "'/':T(','! t'\'l'T. C ... ti". ,...,rr1T 'T ,-·,.,.,,. _., ~ T! pTr F' .. ();!'"• '.L. ,..f.T.tB ,!r:W _v r: - r•-;- "tr ~--r . , \_i'iif1 •' ~ ,: r , " ,. ... A . .. - --~1 ' J r r.;-. r ,..._~- • " r: • ,.,n~~, r r· ,, rr.,. ( r n· ,....c r .-\~ •, n -. - .,. r r ·, ~ ,....._ C_, r rr. (:,. f)/1.r' ,.,I . ...-..- ... ,. ~)--:) ! D:Vf r,rr ~ , .. ..- f·fTt . , re· rrs T -· , :;-. ~ r- -. -~ ,~- l • ,,,, t r-OOJJ :-- Tt.rt"CJ f f (.".-f.' ,. r.; () -~"Gn M .. t"" ~ Tr f?l'Y •• I.I. ...._ y r, ft~ l ,C C T ·~·--'( ,. •• ' ~ ~!_I1.\ ' J.::TrT'~€"" t,.,. :--,.. .._.-r~:•:;' r::..,.l';._ r• !,', l.L1';:r ., ·,;._-'--~,-;I - t •' ,~ ~ ; : 'G( • -~· w· ·•n~c p T~ ,q~.-1 c ...r TT'Jfq T-\~ r •• - ;-". i ~ r ,..·-r· r,,\ ll'•L. ~r-...,C ~ ,.,.( ~, ;-~-. CL~~- • • f .~ I c· : ;- r .... 'j_[i(,I .c• ,.,. 1'J~- -:_- r•Tll rr1 .: . :-..r A.0"1" T'r r 0 •CI • L tj'Tlfl: rwJF' - T. ~· tT r . .. ,..," !' •• 1, .-. . r, c,. r •· : . ·•p·' ~I,~-- ~ t 1 1f[ ·, y" C • ' • : f - 1-t•c"''.:" ~ { . '.' ' . r· ·,:: n(~t euqr-u: • I ~) r---1 i=.n r....,. ..• tT2"f{" fUITf tTT r c' q r~f-'., er~; P' r :,-r,tf' ,._ :n:, - -·8"t:.Jl"f'(! n rxin nrr r, �7. 8-X the outlet How far given by tne lane A. it 10-X road tnat "ould How far would nave afforded A. leave that 11-X wouldn't way. o t e A. Yes, I come out of this I'll ader' explanation, A. Road? it ~ould but I'll yards. to a public south, road would nave road, but you see (indicating)-I'm asking you for is of that to come up to tne orchard. road would be. that hundred outlet (Interposing) "el~, Mill step9ed I'm not asking tne outlet .nat you wnere the nearest I say, you for to tne nearest 300 yards 600 yards to tne other, miles to where I want to go to tne orcnard. off to tne public Church Road? road, I'm asKing outlet No, 600 yards I never outlet the nearest other to the public I would say. coming southward say six If I would nave come out here 12-X 300 yards, nave been to the nearest it? Your nearest been northward O½ned by you. I would say 600 yards. a mile, about of the land as tne Timberville-Andrick Well, have been half outlet point would it Church hoad? point? nave been about you described it to the Rader's From tne nearest A. the lane "that was owned by you from You mean from the nearest 9-X that was the trac"t but to co e out 300 yards an road. to one end and throws me two Vie hauled fodder and hay from the orchard. 13-X As I understand which is claimed Andrick of J.B. x ill extended hoad, Miller, first your diagram, from ~hat yo in a northerly the lands of ~eff, this rlght of way described as the Timberville- direction through and the lands the lands owned by you, and then eastward? A. No, it goes west. It goes west from the Rader's 14-X I'm asKing It goes west from tne iller Road. Church Road. you from the ~imberville-AndricK Mill �0 j • .J ... j .... l .L ,.,J .. l .l. J J. t <., V �8. Road, if you'll A. Mill just follow Well, my question. goest it west from the Timberville road. 15-X What is the general by you as the Timberville-Andrick A. Mill It started Road? Mill Road? out from Timberville soutn-&nd -chen it west. 17-X general I'm not speaking direction. Isn't A. Yes, 18-X goes off does it from that of every the direction you as the Timberville-Andrick Mill sir, westward. Then this right Andrick Mill little of that turn but the road, described Road, westward of way or lane from Timberville? referred Road practically by to by you at a right angle, not? A. west, although pert of the road described Yes. 11.. turned direction 'l'he Timberville-Andricn: 16-X near Andrick No, it complete I say it nearly goes--at west at the other starts out south angle? No, it goes just as road as from Timberville, and turns west and they are both in the same line. 19-X Wnere does that on what you have described A. 20-X the public a right or claimed right as the Timberville-Rader's Where does it Abut, lane of way abut Church Road? what? come to, ¥here road wnich you have described does it come -co tne road, as the Timberville-Rader's Church Road? A. 21-X It goes to Mount Olive, wvhat is tne general by you as the Timberville-Rader's A. west and it gets When it starts to the mountain. direction of the road described Church Road to nader's out from Timberville, out to the Neff place and it it Church? starts goes northeas½ out then �, m.d:j j. l'u ) .. J j l 1 v 1 ... l .. .J ,. ..., .l ,J i.l .._ .-r_, .J ~· 'J t l .... ; vO ') C 1. -J. I !)J ~ A.- .,l. J .l. .l .. ,.., . .,, -1 ~ :J L • .• . • l.. I ., L'1 J1 l 1 A ~I 1 r . t "l .. > , I C, .. ~ I1 !,:; J J - . L ... v I •v .' • , .... 1 ., t . > • y .,. • .J J. , .- .' J,. .., V • l; V ~ J/(, ) .. t !. V "I ..,..., , .- :.:I .. l ' ) (J (., 1 ~ ... .> _, J.. .., l t ., l .., (..j ... J. .., . 1•. ';,. l JJ . (.. '. J.., J , ,, 0 I.,., j . l. j' .! I j . rJ 1,J J..V'.f. l l . IL .r J.., L,, ~ . ,; ~ > ~ . J �9. it turns little again turns at tne tlart dlrectly 22-X place west, Aren't 23-X just the sa-me as the otner you mistaKen Absolutely A. and goes west and continues with two roads. as to your directions? not. What is tne general direction of the main street of Timberville? A. it is about it runs east directly The general direction of Timberville? and west. To stand at the railroad, That is, Part would be directly turns of it is west, the claimed the way it of that road from Timberville absolutely and really direction part not. Part of it of it is south. is north and see it iou with hand). Mr. Crist, how long since you have passed over rign t of way? A. to 1 23 remember ~nether 27-X A. 28-X there the direction No, sir, (indicating 1 18 the way i-c would be west and part Isn't 26-X about would be west? s Church north? A. part direction to north. 25-X 1 I would say you mean to say from Timberville the general A. to Rader I guess west. 24-X Rader 1 s Church Well, a gate It must be; let's and I passed over it I have since tnat You don't During to the Timberville-Rader 29-X I think during we o"ned the land from that time and I don't time. remember 1hether you passed over it since? I don I t remember. tne in the lines A. see, Not that Didn't time when you ovmed the lond, of Henry Neff wnere that 1s lane wasn I t came out on Church Road? I Know anything that about. Line pass directly through the barnyard �. ' _j .l J· ..L l j .L J., .J J.v .L . • ? J. .J .... .'~ ... l ;J .... .l .. ... ..., .I. .l.., .. J. ... .., . !. �10. of Henry Neff? A. I guess it No, it was forty was a big wide space yards 30-X You A. tnat lane Henry ean to say that No, his 31-X barnyard Isn't reached wide but it the public never his that road barnyard up. was left up with further there down at tne road. was closed was fenced a fact it tnere his 1estward was a gate open? barn. from ~here in the lines of eff? A. Not that 32-X a field I ever That gate orbemso arrange een. was so arranged that it ~ould that shut it off would open into _µassage througt the lane? A. I dun 1 t remember anything 33-~ land referred extension A. owned the land of tnis Jn tne easterly 34-X A. on the easterly referred side of lane? side? Yes. I expect Kate Reamer owned it. 35-X Do you Know w110 ov,rai tnat party it. Do you ~now who, at tne time wnen you owned the to by you, the soutnern about to as "Kate Reamer'', land before Haun or the wno was the ~idow of one Joseph Haun, was sne not? A. Yes, sir. 36-X Do you K:nowvmo Vined tnat when Haun obtained A. her father and I guess ill Was tnere Yes, 3B-X or Anderson's wife. bne got it from sne owned it. at any time Vlithin A. _µrior to tne time to it? Anderson· 37-X land title land sir, a barn or stable on tne Anderson Will your recollection? there was. Does your recollection reach to the time when �. . 11 J l ~ 1 3 • " • .l • 1I ! J. J.., .., j .d ... 1. . 'I • ~ .. ! I l -~ ) ,. . l . ...'I J e .L... V ..J . .. V r .. {'I t.., . ,;a j .lo .l V . U• ..., V ,I • J j ...r Jv ~ ! i JJ .) ,, "' '- ... , . , J .. ... . ,. ' . .., ;J . ~ . 1 i.l . j ..u J 1 ,-; t'- ! ~ .. I ) ( ,. .. '- ... _,. I ! .... .J i. i (' , {. .l .L L '. , r I ... .1 .. J j l .J .i:~ .. , .l ~.., t (. , ~· L �11. Anderson 'dll ovme:i tne land .t.ne barn was put on there 11. it, l'he barn was put on it time when Anderson--tnat yet, doesn't but I haven't Yes, stable but was there, Haun owned it--in it is there yet. been up ~nere for 40-X ovmed fact, it during remains the there Well, I say it is there yet, a long wnile. About how far east of the lane is tnat barn or situated? How far A. east Yes, 41-X A. of tne road? or to the o, it ain't right we'll say? to the right. It is to ~he left. de1Jends on which i,vay you &re going. 42-X far If you were going to your right would that Well, A. 43-X gateway in the lane place. the road gate the lane, have to be a guess--200 that almost I ever The lane Let's see .. for how yards. many years there due west from tnis remember. The lane was a barn that came in-~the came in or down at the creek East of where the lane ~hat we are talking about east of the went out through to the Haun barn--I remember down there. 44-X Just A. road tnat tnrougn be? a fact at a point Not that went north. Miller it northward to? A. lane barn it ~0uld Isn't you nave referred that Will it? A. it, when Anderson I think. 39-X it or when tlaun owned it? goes Well, through 45-X A. 46-X ••here it was the gate was about a hundred you say you remember? yards east of this there. A hundred yards? I can snow you on this Start that first map (indicating on the Timberville-Andrick diagram). Mill Road. �. l.L l . r L ... .I. -- iJ l. 'I 11.s.1.. '!O . .,.,., .r. l .Ll,i J d fl'! 9[!· .A l '"!"9! l '1 J, [. "- J" J'I IDJ.sh .., b 10...:·r~ • .J --,- ... J ... ..... JI J. 1 J . ..l. l • .,.)( ...,.; ,._, .!'L " J ! ] 10 1 .'y_ ~ r ... :) L... I &nJ" dl1 l l J ... ( -; 'l J "' J I ,, ..# l ,,,._ .. .,_ ...... t j !. . ) ... .J JV . -, J. C ..L - )' A •r ; 'J .... - t ' .... J .. 1 ~ . ~· ' .. ) l:) .L J .l.. • J'" !l9'10£1.j J J. . ;j . 'tJ.L . J. ~ l Jr! u .uU \ ·- ,L l. i ~ . J l, '"".,:,:,l'" -¼ .' , u ;J ~ ' ~ •o,1 ,... :) • ':.J (). .... r L, ~ .J' .JV , .I. .J J ,,. J;J . l ~ ) > f II 1 ,J Lu I -i .. j ;J .) .., ; .. u V J l f {.,., .... t , .. . J ) .I. I1 ...iJ..... ~ •r .1 . ' ..... '-" I f ' ' I •• J .t J . b'I ! " J 1 .L. l. ,. J. ... l ..1 l. j_ u..! • l J ! 3'.L I.: t i;, , f f .. J 'I . J J. U I j .J •. J 'J. .l ... J t--Jl '- 0 J - J\ ,uJ 'I �12. That is where I'm speaking A. Right in here Right of. here two hundred but that was on tne Miller 47-X say you don't yards A. barn. hignt on your plat? Miller here or a hundred lived (indicating). is where that yards. gate was, It was Haun 1 s gate hoad. My Question recollect that is where Casper would be that probably Wnere is referred to a gate on that lane. You a gate? Tnere wa.s none there that I ever seen since you ~now, Mr. Crist, that in recent that extends I Knov.d the road. 48-X that lane, Don't particularly as to reacn part of it tne Timberville-Rader in br ch so t\at 1 it 1 that years eastwardly so s Church Road, has been grown up would have been impractical to_ pass over it Ylith we sold the land. • teams? A. I don't As a raatter 49-X A. when ~e sold Know how its of fact-- (Interposlng) ~ne land. been since I~ might have been as early You can get tne record over nere as 1 21 and find , out. 49-X land througn convenience (C0n 1 t) v'hicn tnis As a matter .1ane passes, of ~ne general public, of fact, just I isn left tne owner of tnis it open for the t that true; 'and for their road ever since I ~no½ed it own use? A. it No, it was a µublic was an open road ever since I Kno1ed it. 50-X,, What is your authority public for describing that as a road? A. life and Well, and I know it 51-X supervisors I've never always heard was closed. Have you ever or commissioners? old people say it all That is wnat my author~ty known it my is. to be worked by the road �'I J. j_ ...,; J. L .., { .. V I �13. A. I suppose it was. 52-X I'm not asking you ,,hat you suppose. you what you Know of your personal A. I say, Knowledge. I suppose it was. 53-X But I'm not asking asking you hat you ,mow. A. I Know I've helped 54-X You've helped Yes, A. that land sir, when I was going Getz, you what you suppose. work it a ready. during on fifteen work it during the ti'-'e tne time I worked for or sixteen years 55-X You and some of your neighbors that road, is that A. I had Barney old. united in working true? I don't when I worked it I'm ~orK it? I helped and I helped there I'm as.n:ing know about that. I was paid tne time l owned it. except for working I worked it for my own use then. BY ~vlR. WINFIELD: I thinK that is a~l. BY MR. CONRAD: Do you waive your signature A. Yes, to this deposition? sir. And furtner this deponent sa.i th not. Signature waived. BY MR. WINFIELD: It is stipulated ninker, admits that warrant issued on the of ockingham of Peace, Miller, Committee and agreed that he did commit the acts 20th day of July, of J. County, D. Miller, the Defendant, charged 1936, on a warrant against Edward in the certain by F. L. Reid, a Justice sworn out by Casper the said tdward hinker. C. �•,. L Jl • c! ' ., .:, L . T J J ~() . l,JJ - . ~C ,1 lA ··r JL ,13 ',, /I~ r, iv' l ~ .l • ii .' .1 J j,J • X ~ ~ ~ j'.,_ [ f19 , ,...13 }' ... 'I,,., . ... J ..l !l ., 'I I J.:. tiJ .. '!O , l .C ~ , .... .- ...,( .. l. J 8 ,lJ.. J ,. V J .., C. t .J I u to .1 ' t v-1- C,i l .rl LJJ fl .. 'IOW , l'L, . ulo ~1. . ,. l r, ! ) . t ... ) '- ~ .J ..... ~ .i. , ..I. '.!, ~ ~ ) J l J . 1L t 1 .... 0 J J. • r "' j l 1. , .J -" ., f J .J_ , l _:,l ;, . .., "' r ~ • ),J. . ) l, J •• ' . '' J . .) ', • L.. '.J -~ .., ~ ,. _,11j .., ~ {..' '(J ,LJ iJ L I., 'J .• i .... .., .J ~ J. .1 .!. ~ r ', t - - . ! • I ... J l ....i. .1 .... I l , .. J l l �14. BY MR. CONhAD: We, of course, as th~t are not going would be equivalent to a plea to agree to tnat stipulation of "guilty'' to tne warrant. as the said Edward Rinker BY MR. :HNFIE.LD: 1 You may add this: does not admit unlawfully tn&.~ tne acts Except charged in the said warrant were done by nim. BY MR. CO·HAD: We'll Edward Rinker and that admit was driven the fencing that a wagon driven tnrough across tnis by someone employed by space and pulled up a post tne road was removed and was not put back. BY lli. 1 WINFIELD: That is a 1 tnat warrant snows. BY 11iil• CON AD: We don't across tnere admit the right nor do we admit that of Miller it to maintain was a lawful a fence gate. BY ivlR. WINFIELD: I understand that tnat q estion is open to you as a as tnere exceJt defense. I want tne stipulation does not admit that Isn't nis it acts a fact the gate, was such tnat you could ~ass it tnat tne defendant were unlawful. tnat could barbed wire, or whatever constituted be opened and swung around such that tnrough? BY MR. RINKER: It was tied up tnere and~ don't call tnat no gate. BY MR. WINFIELD: If you don't I won't BY liffi. agree for agree to tne facts tne deposition charged in the warrant, to go in. CONHAD: Add to that stip lation that tne stipulation is witnout �vl '! J. 9 t;j ( ~ a l .r ·1. ,J '[ l :; j ( JJ l 'I l ...e �15. prejudice to our right had no right that to close tne gate to maintain our defenses, up the road by a fence he put across first, or gate, that and, the road did not constitute Miller second, a lawful gate. BY IVIR.WINFIELD: I think we can agree to that. STATE OF VIRGINIA COUNTYOF hOCKINGHAM, TO-½'IT: I, said C. Overton in the State day of March, George H. Crist Lee, of Virginia, 19.39, do certify was taken a Notary that in the caption thereto. and for the County afore- expires the foregoing and sworn to before at the time and place .oo for whose commission to typewriting Given under Public on the 18th deposition of me and by me reduced the purpose mentioned , 19.37. �.., ... ::JZ (_ J ., .., ' J . J , ., 1 .., . l -. J J ~ L' j~ . . ) ) V J .r j J.... . l ,1 1 ) . , .' ! ~ .u V ., ! .. • • J J 1 1 �,'( '(· •-"' -,~ >\(\', ~ ......_,__--__:.."' J - -F- - 7 - 1 r �.. I .. .......r \ D �I f·I '1 Al 5 - �- . ��< ,I" v.._ 0-, '; ..- ' ~ c..o <.() <:" ciJ r r ;J;. rr-1 :J..j j.. ,I I b ~ t: ;I J -P/w'!hcJstc),'l ._ Mu 1r ·,o t "'", ' ' -, ;, I I/;. 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/. Title A name given to the resource Commonwealth v Edward Rinker Subject The topic of the resource Breaking and Entering Description An account of the resource Defendant charged with breaking and entering Creator An entity primarily responsible for making the resource Rockingham County Circuit 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 1936 Contributor An entity responsible for making contributions to the resource Nara Holdaway 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. <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_013_009 Rinker