4 20 1864 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_014_commonwealth-v-howard-kyger.pdf ce5f0c55a526c31ce7d503864fe67c8f PDF Text Text I, Howard Y>Yger , the accused in the attached warrant, in open court, before the Judge of the Circuit Court of Roc1cingham County, Virginia, do voluntarily waive indictment on the said charge of bestialit:yz Given under my hand this ?£,£~g. Witness: .2~ ~day h ��Comp. Form 18-A I ST ATE OF VIRGINIA ~ OF Harrisonburg City No,______ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: R.H. R,vnes Whereas, John G. Leake has this day made complaint and information on oath before me, ------------------- Q°ustice of The Peace ___________________ of the said~. City (Name} tha1.-.._____________ (Tide) H __ o~wa_r_d_K_,,_y..::g:....e_r __________________ ___________ did on th carnally _ Rockingham 16th day of J~ lmow a brute animal; of the 1950 Code of Virginia, ---1·n tlxlx::DixlCounty to-wit; ' 19--2.§_: Unlawfully a female Pony, in violation against the peace and dignity of tm and feloniously, of recticn 18-98 Comnonwealth of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County ~ Rockingham Court of tbcaacid 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. (Seal) �ST.ATE OF VIRGINI.A-COUNTY OF --------------------. I, to-wit: Trial Justice Justice of the Peace a m and for the County aforesaid, State of Virginia, do certify that as his suret _____ and---------------------------. _, have this day each acknowledged themselves indebted Dollars to the Commonwealth 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 County, on the ________ of ------------------------ Circuit Court Trial Justice _ 19__ , shall appear before the be rendered, yet upon this condition: That the said ---------------------, day of _______________ 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 the said -------------------shall keep the peace and be of good behavior for a period o,~----------....uays from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ 19_, _ day of-----------------, T. J., J. P. ---------------- ~ -~ n ~ ~ .: i 'ti s· ... hi ~ ~ ~ ~ 'ti s· "' ~ 0 e. n 0 "' .: n 0 B B 0 Vl p ~ it 00 > s· ~ £! ;: § s ~ 8 ... ._ ~ B B 0 p ~ g· ,:: ~ ;; p 'ti .,p n .. ~ :,, ~ if 00 ... ..> ~ tJj ~ '"1 :;?. t t.t p g, ., ~ c.. ~ 5· p 0 n :;,::: ~ - ~~ ~ Vl > ·r 9 tT1 '"1 ~ \ a,l ~, ~ C: ..g :, e: e:. ., c.. ~ '11 "' e. p .,c.. - '< 0 - .:;;i .. s· < ~~ p ~ ~ ~ a,l F· 8 .; __;;· '11 ..£! tr 0 rl, .... ~ ... Er ... "' "' :, '< "' z z '1 ~ tg. s· '"1 0 Ei:: Ei:: 0 0 B... tT1 n q'n 0 t) > ~ ~p. ~'"1 s· .,,,, ~ c.. .,c.. ~ g. ., t I~ e. ~ ~ ., B ~ ~ ~ Er ... ~ e. --~ ,-.,! .. ;;;·n n 0 Vl ~~ Vl 0 '"1 :, ~ "' .... .... ~ .. 'I- \. tJ\ ,.. . ' . ~ Cl I;) ' I;). "' ---... ._" C: ::. 0 ~ g. .... - l c:: p 9 ~ s· ;::;· "' n 0 "' /l ~- s/l ~ ... "' "' ... n - .. 0 n 0 [ 00 ~ \0 t:r" '"1 0 00 p ;:;· c.. "' �After 5 days return to DRAWER 1080, STAUNTON, VIRGINIA 7(t;n9 lli.e ~P 'ZJ e// fot I t,i\1 E TAL ~ HEALT The Honorable Hamilton Haas, Judge Twenty-Fifth Judicial Circuit of Virginia Rockingham County Court House Harrisonburg, Virginia �., �Circuit Court of the County of Rockingham on Friday, of July, in the year of our Lord, nineteen Present: Commonwealth a warrant On ~:tmim~ v. the 20th day hundred and fifty-six. Hon. Hamilton Haas, Judge. charging a felony (Bestiality) Howard Kyger This day came the attorney the accused, Howard Kyger, this and said accused county; requested the court came in the custody to appoint Sam· P. Conrad was appointed Thereupon, the court for the comwonwealth, being without an attorney as attorney of the sheriff counsel of and having on his behalf, thereupon, for the said accused. the said Howard Kyger,by writing in accordance and with the provisions this day signed of Section before 19-136 of the Code of Virginia of 1950, waived indictment or presentment on and the court proceeded to hear this case on the warrant. the charge set out in the warrant,/ Thereupon, on the motion of the attorney there that for t'1e accused, is such doub~ his for his as to the mental confinement proper in a hospital and a determination charge against Hospital, and report ca acity him. thereon is deferred. an attested to this court prisoner Pending a determination and on the further that of the accused is necessary the said Kyger is committed at Staunton, of the said ciency, said Kyger forthwith sufficiency for the insane care and observation, to the Western State of the mental and it beingmade to appear for of the sufficiency to stand of his motion of the accused, And the sheriff is directed to the Superintendent such observation trial on the mental suffi- his arraignment to deliver of said hospital, copy of said warrant. A COPY Atteste: A. E. strawderman,s.R.c. the with �) ~ ') .. ·------ --- - -- �Cont"'noneaJ. h Hovord Kyger y th de Superintendent or he ·,111:>t.e:-n St 1~ held unr1er a pr,~vi u 0 1r to\1~ rd f:y .er, to ·o~pit conmit,o:nt fro hrrgod to 'th the tz, id Hmr.:rd Ky for • j,"l.'lchhur Trtinin f rth r s~rvEit1on, ,,.,1th th~~ off ens~ rrt.nded an'l in noef of in::titut.io:r,..!,l ORD'TA,R.tlwt 1., hare the .zocusea. •l" <.H,re, it f buggery, is be com...itte ➔ tte s fa ble- accordin•~ly and tr~n.sf · School (depar~.uent for r.ed er dn l in$a.n ) , a tti.1 s Court :;or tria., 1 :..he &'' id I:'"y~or t be r t'.ti-111,~dt ...1e Wfleto n E!t.. te Hospi tt!l until .., ch ti STJTE O "it RGINI.A, OTJUTY OF n CKL:Gli/iM, To-wit: J .. Rob I, t S•,.ritzer, 1'(.z a .. hit re ...ovil tc tt e o.f.' the Ci ,"'-CU! t Cou t of thrt tho foregoing tn ;_,1e Court on th gf V;L;rol"aer r- Cl ark : for-es~.id. Cle-~ o, do he eby eai"'t-ty • • • t copy f ~m orde~ enterod r, 195l), in he case of ci • gee w!.th bu 't! ry, unt is that • , Vtr·gi:n y o!'fi oe In the Co ' :r s , HEREOF, I h,.,r UI t,. -et Y' '1; .-l "'ti. iiff1,t t e ~ tC co ,rt, ct Ft:a.rri~nnbur '!', nnd.dngh· m in1 ,. t· • s 7th <:~"',v o lfov ,~b-ll\, 1956. ��November 7, 1956 Dr. James B. Pettis, Superintendent Western State Hospital Staunton, Virginia Dear Sir-: Re: HOWARD KYGER- F..-43276 Your earlier letter of September 28th was rererred on its receipt to the Commonwealth's .Attorney for his enlightenment and co1n.1nent. In the mean.while the matter has escaped t ent1on, for \hich you have my apology. I believe the enclosed order will take care of the matter r'or the time being. As to the suggested sterilization, I don't believe I would have any responsibility in that respect, for it is my understanding such procedure is conducted where the patient is held,. Very truly Ra~ilton HH:mb Encs 3 yours, liaEs, Judge �t lJ l • t �! / /. / I I / l 6t .J L -/:_ { l zc -1/l ( " / 1 ~ - I ..l ) J V I) '< r -1? -/ir;.r le -C ( c--- (-: - l n t . I (t l r ( L ) , /J(q/ /0 , ) ~ <.__ I It / ....r \., I· l '--- !. ~ '! I 1 I ).. l- j ( l ('; /J • L I ...., 'I I I «··. l I .l .J ��/' \J. / ( / (_" r. T1 .J f • l L I .,l l. -/( )- -/ ~ �~ �WESTERN STATE STAUNTON, HOSPITAL JAMES B. PETTIS, SUPERINTENDENT VA. F-43276 DEPARTMENT MENTAL HYGIENE AND OF HOSPITALS 2 November 1956 The Honorable Hamilton Ha.as, Judge Twenty-Fifth Judicial Circuit of Virginia Rockingham County Court House Harrisonburg, Virginia Re: Howard Kyger Dear Judge Haas: The above-named patient continues in this hospital. Your records will show that he was sent to us by Order of the Circuit Court of Rockingham County, Virginia, for obs~rvation and report to you on his mental condition. On 28 Septeni>er 1956, we wrote you of our findings in the case, and asked that you advise us of the disposition you wish ma.de in regard to Mr. Kyger. We shall appreciate your letting us hear from you. Very truly yours, James B. Pettis, M. D. Superintendent ael 7/~Jr-6 ~~- Ok. J,., ..ar c fl-LA. e.~.4 Mf..--C,,,v':--.t~ _ a ?:~ ~lJ;~.w-" Kk..J~L D ~ r ~-iv M. o. ��WESTERN STATE STAUNTON, JAMES HOSPITAL B. PETTIS. SUPERINTENDENT VA. DEPARTMENT MENTAL HYGIENE F-43276 OP' AND HOSPITALS 27 November 1956 The Honorable Hamilton Haas, Judge Twenty-Fifth Judicial Circuit of Virginia Rockingham County Court House Harrisonburg, Virginia Re: Howard Kyger (Court Order) Dear Judge Haas: Thank you for your letter of 23 Noveni:>er1956, subject as above. Since it meets with your approval for this hospital to retain Mr. Kyger here, and the Commissioner of Mental Hygiene and Hospitals also feels this would be best at present, we shall do so. Our present plan for him is to present him to the hospital's Sterilization Board, recommending sexual sterilization. After that has been accomplished, we could then consider moving him to the Colony, contingent upon facilities available at that time. You are correct in your belief that there is no 11cure 11 for mental deficiency. The institutions for the care of such persons are largely concerned with methods of training the mental defectives to do something gainful. Very truly yours, ~~ Pettis, M. D. aines B. Superintendent ael M. D. ��ovember 23, 1956 Dr. Jemes B. Pettis, Superintendent Western Stz".:e Hos>it&l. Strunto, Virginia Deer Sir: _t the tie the order of November 7th out ex--rrining the confusing tetutes 19 on 37), I "-ras of the i pre1:sion on£ lesser felony be com:ni tted se vation -nd Ci,,re, sort o~ security entered n· wit1- and suspec-ted of being feeble-minde , i ht custody WPS on the subject (titles t ;; t one held for trial t,.) the Lynchburg Colony .ro • further nd ~1so erroneously - ssumed that provision existe· there obsome co safeguard the of s ch pri sonar. On further reflection I ~r,. inclined to believe that there is no cure or recovery f oD a feeble-minded stctus of mental defectiveness.. If thc:t is so, it seer.1 that thP. pending prosecution w1th ~ slould be bandone re ular coro1.it~. ent On the other hend, 1r to ntontc·d sufficiency nd t,, you to Lynchburg. ou feel for tri thet Kyger 1, possibly o d ill d e e be re tored he ,~1:.ould 1-Jchold at Hrr::on (Southwestern); however, it 'Will also meet with my approval or him to remPin at Western ctate. AwEi tir ... g :,our fur her word, I rem 1ri Very truly yours, Hamilton Hac:s, Judge. IIH;mb �'I "I T lJ ... �WESTERN STATE STAUNTON, HOSPITAL JAMES VA. B. PETTIS, SUPERINTENDENT F-43276 DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS 19 November 1956 The Honorable Hamilton Haas, Judge Twenty-Fifth Judicial Circuit of Virginia Rockingham County Court House Harrisonburg, Virginia Re: Howard Kyger Dear Judge Haas: This hospital is in receipt of order dated 7 November 1956 from the Rockingham County Circuit Court, regarding the above-named patient. In this Order, it is stated that Mr. Kyger should be moved to the department for criminally insane patients at the ~chburg Training School and Hospital, but retained here until such a move can be accomplished. There is no department for criminal patients at the Lynchburg institution. It appears that you feel the patient should be in a hospital where security precautions can be taken, and this cannot be provided at the Lynchburg Training School and Hospital. The Commissioner of Mental Izy-giene and Hospitals, whomwe have consulted about this case, feels that under the circumstances of this case, the patient should be retained at the Western State Hospital. If the foregoing meets with your approval, we should like to hear from you, stating your concurrence in this. We are willing to provide the care and treatment Mr. Kyger may require, in the hope that it may benefit him; however, if you prefer that we have him committed to the Lynchburg Training School merely to be treated for his epilepsy, we shall of course abide by your wishes. We shall appreciate hearing from you in this matter. Very truly yours, . Pettis, M. D. Superintendent ael M. o. ��WESTERN STATE STAUNTON, JAMES HOSPITAL B. PETTIS. SUPERINTENDENT VA. F-43276 DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS 28 September 1956 The Honorable Hamilton Haas, Judge Twenty-Fifth Judicial Circuit of Virginia Rockingham County Court House Harrisonburg, Virginia Re: Howard Kyger Dear Judge Haas: The above-named man of Grottoes, Virginia, was received into this hospital on 23 July 1956, by Order of the Circuit Court for Rockingham County, Virginia, for observation of and report on his mental condition. Mr. Kyger is now charged with crime (violation of Sectien 18-98, Code of Virginia, 1950). During Mr. Kyger's stay in this hospital, observation and thorough study of him have been done. As a result, the diagnosis, Chronic Brain Syndrome with Convulsive Disorder, with Severe Mental Deficiency, has been established by our Staff. This diagnosis indicates that while Mr. Kyger is not mentally ill (not insane), he does have a convulsive disorder, and his rental deficiency (feeblemindedness) is of such severity that he is considered incompetent. We have found that he has an extremely low I. Q., presently functioning in the Imbecile Grouping. This hospital takes cognizance of the fact that it is not within our jurisdiction to make recommendations as to action the court might take in cases such as this. We feel conpelled, however, to pass on to you the opinion of our Staff regarding this young man. It is felt that he should be sexually sterilized, and that he is the type individual who properly belongs in an institution for the mentally defective and epileptics. We are aware of the overcrowding at the Lynchburg institution, and should hospitalization have to be sought elsewhere, this hospital would cooperate in the case, upon receipt of a subsequent order for the retention of this patient. We shall appreciate made in this case. your advising us of the disposition you w1.sh Very truly yours, ✓, B. tis, M. D. Superintendent ames ael M. D. ���0 ��I, t -- �TRIAL JUSTICE COURT Criminal Docket N'! 21457 V. Defendant Appearance Date Trial Date 7 - / Z,- Sh A ��DEC - 1956 j;f{g Docket No. of VIRGINIA COMMONWEALTH vs. IJN WAr-rFfIH( ,- ) ) Felony(Bestiality) ) Howard Kyger -=-Sam=---=-p~·-C-=--o=----=nrc=..-=ca=d'----------P· d. Own ( ) Appointed (X ) waived, and coir,_m.itted to Western ~tate Hospital for observation. 9 7/20 56--.Indictment 11/7/fZ-~ ~ -3/%' P/~~~~ r+f.j-x~~J 11/f 1 ~~/~. ~~ q __.-: ---J4r 'l ,:::,- --1'1o CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co., Phila., Pa. � 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 Howard Kyger Subject The topic of the resource Felony Bestiality Description An account of the resource Defendant charged with felony bestiality 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_014 Kyger https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_008_commonwealth-v-hurdle-hensley.pdf a912d600d507c42e5eeacdbf7be27138 PDF Text Text JUN r y" 7 . Docket No. 1949 COMMONWEAL TH of VIRGINIA ) vs. ) Felony #3 (adu·l tery) ) HURDLE HENSLEY Geo. D. Conrad, Com. Atty. Sam P. Conrad ~ _C~h_a_s~. ~A~-~H=a=mm=e=r'---',~J~r~. ~'-----,-----P• Own ( x) 1948 Ded. 20. ,, •• ,. I 1 J..{tf 17 I ( Indictment Returned. tv""~ lf;~1,,~ ~ l)J ~-p-~ ¾t ~ -1-i:7 /1;?~ --1---• I _A_ • -/~ ~~ ~- JLf~/ ,j,. d. ) ~ ·- l;A-V- -r,. r-a-w- y Appointed ~ ~- ,--<+-~ - 1/J// t & r-~ .J.- .• I 7-. J ijr CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co., Phila., Pa. -- ~ �IN THE CIRCUIT COURTOF ROCKIKGHA1'.~ COUNTY,VIRGINIA THE COMMONWEALTH OF VIRGINIA vs. HURDLEHENSLEY PLEA IN ABATEJ,IBNT AND 1,0TION TO QUASH The said Hurdle Hensley in his own proper person, and having heard the said ind:it:t ent read, says that comes into court he ought not to be compelled to answer or plead to the same because he says and contends of his plea in abatement ::: (1) and motion to quash as follows to-wit: That the Attorney Grand Jury t/i!returned this for the Commonwealth appeared before the ind~f!ment said Grand Jury was deliberating against this on the indittment and that he, the said Commonwealth's Attorney, for appearing (2) before inspection given the Attorney case and thereby improper heHsay and guidance, a certain p'roported statement for the Commonwealth by the prosecutrix in ext~ and evidence, that by so doing the Commonwealth's Attorney that which he is prohibited The said Grand Jury had already fore them under oath, instrument defendant submitted to the said allowed the Grand Jury to consider tempted to do indirectly rectly. this said Grand Jury; and, Grand Jury for their this against was not sworn as a witness That the said Commonwealth's Attorney allegedly defendant while the submitted including to them on instructions to Glen Hensley to~he for inte~o 6ation basis of returning ~ 1i;1w±itten of the Commonwealth's Attorney before the Grand Jury and as the of the witnesses an ind' , and sent be- was used by the Grand Jury as a same.~ -,) basis by law from doing di- examined the ~~tneesies the prosecutrix at- ~ment against this defendant, although the same Jury; and, (3) that the said Grand Jury had no legal them on which to found the inditiment CHARLES FIRST by them against this de- A. HAMMER ATTORNEY-AT-LAW 204 returned nor proper evidence before NAT, BK. BLOG. HARRISONBURG, VIRGINIA fendant; ford!-~o legal evidence havo/'been presented~he aforesaid �,I �Grand Jury, the indid;.tment is void; inasmuch as the Grand Jury says that said indi!tfment was found upon the testimony Hensley, who were the only witnesses of Cornelia upon v1hose proported fore said Grand Jury was found the inditiment, open Court of said indi:t,ment found upon the testimony This defendant and read as a part and Glen Hensley, of this plea, found an inditement, This ind:kt 11 into ent is of the witnesses, and prays that from which affidavit competent evidence was given by them before ~ be- Hensley and Glen Hensley". herevrith the affidavit Hensley ( the prosecutrix) testimony as shown by the return wherein it is stated, of Cornelia files Hensley and Glen Cornelia they may be made it appears that no said Grand Jury upon which it and it appears from said affidavits that the At- for the Commonwealth appeared before the Grand Jury during its torney liberation on the ind:itt~ment against from said affidavit Hensley, that defendant. It further appears sworn before the Grand Jury, Glen the witnesses one of the witnesses, of the prosecutrix this de- presented the pi!,fported writ ten s tatement to the Grand Jury at the request of the Attorney for the Commonvreal th. And this, the said Hurdle Hensley, prays judgment of the said inditement is ready to verify; 1 and that wherefore he the same may be quashed. -:w~~· COMMONWEA.LTH OF VIRGINIA vs. (AFFIDAVIT) HURDLE HENS.LEY ~ ---w-.,.,k VIRGINIA,1CM- ~avr-1 --------On this ~ --------- d.. 2, ~ pires on the P~ matters 6"~ and things his information, 1•rit:! day of December 1948, personally Hensley, the above named defendant, in and for the State t: M½-: day of~, set forth before the undersigned aforesaid appeared Hurdle Notary Public whose commission ex- 19SO , and made oath that in the foregoing the plea are true to the best of knowledge and belief. Given under :rrw hand this ~ ~XL2948. CHARLES A. HAMMER ATTORNEY-AT 204 FIRST NAT. HARRISONBURG, -LAW BK. BLOG. VIRGINIA ,Notary Public ��AFFIDAVITOF GLENN Re: HENSLEY Grand Jury. Harrisonburg, Virginia December 21, 1948 C. OVERTON Shorthand LEE ~eporler HARRISONBURG, VA. �STATE OF VIRGINIA, AT LARGE, To-wit: c. I, 2 Overton Lee, a notary 3 State 4 County, Virginia, of Virginia, before 6 at large, do certify me, at 10:40 a.m., National public in and for the of Harrisonburg, that this in the office Bank Building, day personally of Charles First this 21st day of December, 1948, and in the presence Charles A. Hammer, Jr., 9 GLENNHENSLEYwho, after 10 truth, II and concerning 12 BY MR. HAMMER : Harrisonburg, Virginia, of Esq. and Sam P. Conrad, Esq., being duly sworn by me to tell the whole truth, and nothing the matter herein, 13 Q You are Glenn Hensley? 14 A Yes, sir. 15 Q And you are the brother 16 A Yes, sir. 17 Q Mr. Hensley, but the truth the touching of Cornelia Hensley? you were summoned as a witness the grand Jury of Rockingham County, Virginia, 19 yesterday, December 20, 1948; is that before which met on correct? 20 A Yes, sir. 21 Q Your sister 22 A Yes, sir. 23 Q In the case of Commonwealth against was also affiant deposed: 18 25 appeare1~ A. Hammer, Jr., 8 24 Rockingham summoned? Hurdle Hensley, who is your father? A Yes, sir. C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 1 �- --I : £!. •. <ro1 orfj crlgul:iooff I :>lid•·r.; ~·r 1 'to ~.eb ,l r :_t rU ~ "fil)H J TA or- <9cJ 8"! I ' 'l . lV ~g dcoel·1:'!.cH .~ .i:g 'lo •1:.1.s .[ . j ecrq eri.:t !l .. ~!!S ~. t ,.,,..,. 9j ot ,b o::> 'I d ~ a,a.2.rf', .uo .,, ,(jJJ':[j .r... '!'"JI ... t a ,, 81 ju. t•r ob • .s r t g.i: ".t,..d so t sm err 'led 1r.r .'IeJll!IIS 9d ·re.:t·1. orl·•r s je t.Sb e:H: ,_.'I ~ . J3li'l T : g· I c) n:o a e '1:Vl:-IJD I df 1:, aJ:rlj ei'! '"rl-~· u•r;:t s!cdw ;gnlrf Jo.a b!W ttjnuoO M ;te a 1o c ~j.s:J-3 0 . tL8'IlV .eno·j ..L ~ r 0 t: 0 r t s .I " g'!l i:. 'tJ: ST T . V ~ . b.ns ,,..,v;iu il'! od . g.n. .[ \,II' .. IvII!"I IV j j "!GO asI•r.srlQ 'lo eo: 'lo erU .al '1 j' ... -0'1 'Itr(J.0:0 --:J:~.f'!.8 noe"I··q liI ,sq:q f!:'l .l ".dju'lj AH . ya I I , ar G<'I'.10 je 89.cr' l tbl.ch~ ? .s e lII . ;)':) b .nomawe 9'l ;g•tlV '1 00 j[1(J0 J,srlj- et- ..~sieneH IJO~ J . 'IM . u·. br n tJ1oof-i 1:o tg.µ-:,I t "TC to ~ ."!le • '1 e --------'l:l H•T ! l'IOnl lVO :) ~H OV.AHT I Al"' ~HPV ,Di1 fH1C,Zls:trAr i 'l =!i 'IS csi A sY A. 8[ u• �Affidavit of Glenn Hensley Taken: December 21, 1948 Q that 2 Will you state you gave before grand Jury? A 3 Just what evidence When I went in, and I told they asked me why wouldn't 4 talk? 5 was all 6 me what made my sister and I do that 7 the reason that 8 she went with bad boys and when I went with bad girls. 9 thought this them I didn't so about it and I told we done it, about that 11 way for a couple years. deliver to them any papers The statement I delivered 15 Q 16 18 under which- 1- and told 20 Q 21 Attorney 22 them that us when He He would correct us to put him out of the of\you by the grand Jury, did you or any statements? that my sister How did it happen that the grand Jury?--Just A and I told gave to the Commonwealth, that. 17 19 And they asked daddy wanted to correct In the examination A 14 them no. and me and her Just decided Q 13 And then they asked me it was the wrong kind of people. 10 12 know. my siste~ tell you delivered us, narrate The Commonwealth brought me to give that paper to the circumstances it up and give it to me t to the grand Jury. • Where were you at the time the Commonwealth's handed you the statement? 23 A In the hallway, right 24 Q What was it that 25 A To take it in front he told in•and of the Jury's door. you? give it to the grand Jury when I ~ C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 2 �tsiar.rsH an ID 'lo j 8~eI ~IS~ dm ocT "-u·, bl ':t'iA ; '::JI.sT I .O.Cl.6'I8 j,s1.U !. I 'Ije.ta.i:e -y;mj' tnbluow em ~rh· erl! be:llas -y;~d• ~.al jnew ~srl:t _erlj bn . j 1n l.c:ra L... en eu eH . .I'll;g I ob oj .:tnew I t.fj.i: "£, iu j I b.a.e ?~1 4 I j I I ce as "'..i:t:i;:t.LC.s l ~ a .t me oj· j· 0 €,"!'I •r'IOO I I buc ruerl;J' • io L.{j cdj bLo lb~ I ba.s ;:tl jrrod' "'dJ° bioj j' I 0:0.d-I I s n !16d -1 eH "IW e r rf j j l I j- e 0. .do , b b ,. ~r.Lt • LW rg 0 J j ~eJ0~ td 1I.s0• nornmoo ruid" oJ -y;d uo rfj 'lo ·"Toi' j o± ~a ~a .:t 1e 'l 9VB T .trn:;.xs uri;t a.I 0 o z~aq3q ins ",Ill j •dj m ri :ta""'' ej.e;j~ o➔ ·10•1 "Ieb .-:::ifT I e~ o.; tisb oj 'I8q ,_ j~1.u ,l .:ev r,-..o !JO j;; qq 'j lb j- l: ' ~oH 9 b.rt£-r r,, l1 em oj ;J.i ,;,v [)!I J erf.t oJ r .f!.S'18 j' .i.: v •. :t f erI;t e • j erU UOV, S'lSW S'lDO b oj 9 1 ..'IJJ , bLfo"I~ I s.cf;t oJ j ~ sv l· .c.a • ----3'JJ '10T 3v'O '.l H19013~ av 'i AC d2 A!vl,r)5UV ,flRUc.\.1O, fl,1A.d ·- .i •. e:a :1 o· ' A q ,<1 J u M. . v,w I II"'ri adj ba" I J. r~ �Affidavit or Glenn Hensley Taken: December 21, 1948 went in. Q 3 And did you do that, Q At any time, grand jury indicating were true 8 9 under his instructions? Yes, sir. 4 6 acting did you make any statements that the charges against No, sir, Q Did the grand jury read this I didn't. statement that you gave them? They wouldn't 11 had talked 12 and read it. 13 Q at first but I think to them and they called At that point, 14 Commonwealth's Attorney 15 witnesses let the Commonwealth me back in there me ask you this. enter again Did the the jury room after any of the had been in there? lG A Yes, sir. 17 Q After 18 A Yes, sir, after 19 Q And while they were deliberating you had been in? I had been in. on this case of ·yours? 21 A Yes, sir. 22 Q The Commonwealth's Attorney 23 A Yes, sir. 24 Q Do you know whether sent for the Commonwealth's Attorney? 25 your rather or not? A A 20 to that jury entered the Jury room? or not any members of the grand C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 3 �~e "'.crnHmrnH) 1 8~€I. t S ~'do b ··11A J iv ea :na~ T 9 cl 8 I <: r crlj .cx.i:need e,..c?sn;f .i.w . u. .as a b ~rl uo 'io SC 9 9 JclJ v10Hl vO ,:::l q 3,T:,1 ) .n 1 A - ,I u �Affidavit of Glenn Hensley Taken: December 21, 1948 . A I think they did, 2 that 3 to the door and said, was standing there because I remember the sheriff in the hall, one of the Jurymen came "Send for the Commonwealth Attorney." 4 Q 5 wealth's 6 A No, sir. Q You were not? 8 A No, sir. 9 Q Who was in the Jury room at that 10 A Just 11 Q The Jurymen were in there 12 A Yes, sir. 13 Q And they had already Were you in the Jury room at the time the CommonAttorney entered? the Jurymen. ment against 15 A Yes, sir, 16 Q Where were you standing 18 19 Attorney A at that time? heard evidence 14 17 time? on the indict- your father? entered that's right. when the Commonwealth's the room? I was setting on the chair right next when he went in. 20 Q Were any of the officers around at that 21 A The sheriff there 22 Q You mean the sheriff 23 A It 24 25 to the door was standing is the one that at the head of the steps Q in the hallway. or the deputy stood calling there time? sheriff? in the hallway right the names for them to go in. Did you hear any statements or any questions by the C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 4 �li nae.H) o ' l :IS -soecr 'I m.B!l ... erL e 'l I S03 c'lerf 1o e.an nenry;'lu , b·11 :.crnxsT j E e J j ' j -· X ut OO'I ( 1I a'Iej r j . .j j 1 j •'- ,...., c:l dj ::.>' . 'll e off .. 'I.U J "''19 .a "~,- ? oY W 8 .1.19- 1: 'S HO b'In9rf <-, " e r Gt T !If'lrW' ieeY A .brr b r b'"',S'lf.B . .s fi:t orlW 'j . 'll . 'j El 'Iii B .a ,. e.· en:t n· 'I.iJ 00"" 9 ".Ce !JO~ .t erri 'LJ.r . !:! j e c .::.1.dj I oO e t a -BWOO e a 1 . ./- ?m,o c-wo .J oj j $.( j , l'l 'I . b~ 'ls " "·j . ;t j.s c.- ..J. " erl;t .cwo .a ....'IBOl11:o 0• er:fj B C "'(; irqs 'b edj . 'l' "'"1c:-r," 0 T ,.. lt10f 1 ~a.a ✓ OViA T ') f 11 'ler. e '":i''t.'1 .d.:: erfj ,: 'cje jJJ 0 ', 'I e, :.1 i: j·a,w rI . rlw e 9 I . ~e e.:: 'loj '3 e ·!'. j rfo erij n 9 ,.. JJOV €,[, r , .JOY bta A 9 e o. �Affidavit of Glenn Hensley Taken: December 21, 1948 grand Jury asked the Commonwealth's Attorney? I did not. A No, sir, Q The door was closed? A Yes, sir. Q Had your sister 6 A Before me. 7 Q And after 2 4 8 both testified, 9 room after 10 were you again recalled 12 Q What was said 13 A Well, then, reading What papers 16 A That my sister 17 jury before 18 to dismiss these that are you referring papers out to us the Commonwealth came in, Did you hear them state 20 A Yes, sir. Everybody Q After Well, they called And the they was ready they started No, sir, "So far, everybody is that. reading present they called me 1n after that? they said, is free"--like were you and your sister A on. the case. Q free. to? had gave a statement 19 25 time? the grand Jury. Q 24 and you had had been in and talked to you at that he started 15 23 you? to them? Yes, sir. 22 you or after to the grand jury the Commonwealth's Attorney A 21 before the Commonwealth's Attorney 11 14 testified then, this statement at that to you, time? the Commonwealth up and then the Commonwealth had gone--no, they C. OVERTON LEE SHORTHANO REPORTER HARRISONBURG, VIRGINIA 5 �T aileH na I -y; ~ I "- ;:t-jA 'dj .n: b'b .j j : .a xsT - -- rU- b r.r.c' •5 I 11 cJ eoe • - 'l 1o j'v e ilS'I8 s: I ~'Ile E Q 0 V 9 . 'll j .• .I.JO 0 ee· cf 8'1 lJO b~ w ele 'I • €' j j as .al .c n .s al :>9'I cf C', t fJ .( r n; ojj !101' Qjjll ,., I fl a· e A fI Cl B e e !JO .[ 9j' c':L.. 'l j 'I. oO oorr 'lei 1 j g(j (> r j e~ oj j I.JO• oj o·se ..sj• ... C'Ieq.s.:._reeerl;t gn'b"S'I :tu 'h, "!'l ! uo I "'" ,J e 'I e'I e rljl .JI 08 e • 'IS'l j 11 j - _, c;, o;:t ja~ .e nerl;t Qd on~ j j dJ e JJ s:P ._o.--en t •o i. b.e \ CT rl o~ er T il • L--''a r{j ·r j .., " r f'_ . .bl ""E 1'.:. j .j ~u e 'I'l • e;t'l ·;t • j,C':}""'6'1q ']:9j f j ..nsrlj j 9 <!I j j . ,jsrfj ·SY . eq.sq oO no 0 ~ :J'". e j,a rU oj .r u .oj t .cfjocf ej j srl;t ·o JO '!01 d 'IJJ . e j I cJ:a y . "Ii e bod~'l I . V rl:t r em J"l J:e 'IIJO-y; brw lJO"Y; S'l'3 0 v' 0 '3'l beLL j Q' ' .rfj T ' �Affidavit of Glenn Hensley Taken: December 21, 1948 grand 2 4 6 Jury asked the Commonwealth's Attorney? No, sir, Q The door was closed? A Yes, sir. Q Had your sister A Before me. Q And after 8 both testified, 9 room after 10 I did not. A were you again recalled 12 Q What was said 13 A Well, then, reading What papers 16 A That my sister 17 jury before 18 to dismiss these papers that are you referring out to us the Commonwealth came in, Did you hear them state 20 A Yes, sir. Everybody Q After Well, is free they called And the they was ready No, sir, 11 --like "So far, everybody is that. reading present they called me in after that? they said, they started were you and your sister A on. the case. Q free. to? had gave a statement 19 25 time? the grand jury. Q 24 and you had bad been in and talked to you at that he started 15 23 you? to them? Yes, sir. 22 you or after to the grand jury the Commonwealth's Attorney A 21 before the Commonwealth's Attorney ]] 14 testified then, this statement at that to you, time? the Commonwealth up and then the Commonwealth had gone--no, they C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 5 I �'t"'I e.acH ruJ. +\(?.( -. S I 1o j· 'vs.bi:1:1:A d so0 :nsilsT 1-r s I I t ' 'l ..... A e• Cl a 3 .cu o;t S bn.e IJl P'86 8 .D~ S'me.d::r o j •-- ~ ,....c,V ......... I[ I I A ~ r ,.,~ :oJ :iJ e • ..., ult b ~'! Ol j riJ <;J f ._nedj 9 ar A <l/ e r e Bl l(I 'IS'l oe 1 •. er .bl...,e -ie.dJ JS .ae fj ba" au rlJ- ew: a oG erf:t re.LI.so ~ v, 1.'J .-x • e tC! 1 0 'tedj -I J • J v1 - 1 ',0 . T J,1 C ;!Ar , A l1't.,,. 1V ,,J,t ,. C' .0 I 1v A I I', �Affidavit of Glenn Hensley Taken: December 21, 1948 called 2 3 my sister Q statement and then they called Then what did you tell after they called A I told 5 Q Were you in there 7 A No, sir. 8 Q Did your sister, 9 them in regards to the you 1n the second time? 4 6 me. them all was lies. at all when your sister was in there? after the grand jury bad adjourned yesterday and you bad gone home, or on your way home from 10 the court room, did your sister 11 them? A 12 13 them that Q questions 16 A She told you that a thing each That's right. And the deputy sheriff 18 where all !9 Commonwealth questioned 20 her, 21 and never asked her anything of the people and the sheriff Q actions to answer the each time? Commonwealth took her 1n that 23 she had not said she refused 17 22 you what she had told time she came out of the room. 14 15 She told tell did, room, you lmow, in the room was setting, 24 A Yes, sir. 25 Q Is your sister by herself, her and couldn't and the get nothing out of and then they went on downstairs else. And what you have stated of what occurred and there here are the true yesterday before trans- the grand jur~? in town today or at home? . C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 6 �c: H 8'eL t - ---- I 'io .t lv o.l:'11 S ~edmsoea :nexsT .C:Ul - - - ----- .be.[ .BO J 9 !LIO. b L 'I.I.J ;g e.rfj 'laj'l bas cie ~ wo le a b or l II rfj .do.se ;g.al.rij .moo 'I{, ren 'j o-t bee.u 6'i adj r.1. 3rfe j _,_I.JO em·~o 'to !.i"\': bJ..1j E)rf 8 j 0 ·: Sill b "O'l edj,,. J.. JJO erl.i' bf!£ a e :rlsj e.c 0 B , !1.1. .i '!erl . ~ o.rol -v;:t.u b erl:t 'llc e'lo.c' tci j 8 f!O j,aE,; -'- l y,e ~a a Jjj3. I.u j ~:t·~·-rr a :tarU nl OO'l LJC . .s e , erl be olj. oj I! ~blb 11 .:in. dj u 'I ~ M euol eeJJp J" . f)ra j' ewn" 'lo 6"! rljI.s )1 .e .') r ~rl • ~ 'Ieri on baA ~ AHT>i' 08 wrommoO A 3., J ,10Hl 'V cl cl' de e.dd b. n~ 'Ierl 110v, 6.III ;t dT 7 'I .aa.c: ;t elj srle br.t \ \ ~ 81 �Affidavit of Glenn Hensley Taken: December 21, 1948 At home. Q Glenn, 3 Is what you told 4 told Just one more question A What I told Q And no one has intimidated the grand Jury yesterday. case with you or made you any threats 8 of any nature, you or discussed or promises A No, sir, 10 Q Neither have counsel for your father No, sir. 13 Q Has any member of your family 15 have told? what your testimony A No, sir. 17 Q Has any member of your father's 18 A No, sir. Your father's Q state absolutely counsel the truth family done it? have always asked you to in these 22 A Yes, sir. 23 Q And those statements 24 to you or BY MR. CONRAD: 20 21 talked should be or what you should 16 19 nor anyone with him? A discussed or rewards they have not. 12 14 this ha.ve they? 9 associated or is what you the truth? 7 11 I want to ask you. the grand jury the truth? the Commonwealth's Attorney 6 statements have all you have made? been made before Mr. Overton Lee? A 25 ---- A That I s right. ...-~----1----------------------------------1--C. OVERTON LEE --1/~ SHORTHAND /~HARRISONBURG, REPORTER VIRGINIA 7 �er 8 110 .lL.'leJ' 'lo l tIS ~- o~ a :ae~sT j . .uo }!en c,t :t w I ao jeeup e.ao o j o , 'I W 'I j '10 err..rfj n .UO"t e.£D ;.; 1ml ;t .a· e...rf I I e· I o o.a d I • b-=- A e I ) 'l lO.D 'y; I I 1 'Ierlits'.t 'll!O"Y; 'lo -r cJm. t I I l I 'I o;t I.Jov .be e.s 8"l.S • I . eb.sm ev.f.'rl uo 1 c:.. • n ej oY P A I ~2, \,Orn ,e: l . T>t.Y1..:.TlGlt1t.. T , ' �Affidavit of Glenn Hensley Taken: December 21, 1948 And further this deponent saith not. 2 3 4 5 I further 6 his 7 this 8 9 signature affidavit certify that affiant Glenn Hensley to each and every of the eight for purposes affixed pages comprisin of identification. Given under my hand at Harrisonburg, Virginia, this 21st day of December, 1948. 10 11 12 13 MyCommission Expires February 5, 1950 14 15 16 17 18 19 20 21 22 23 24 25 C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 8 �• rl Oil s .oc. el.cf.t {.al "'.SQ ··;gcr-v '•'!lj.ue 'lo e.eoq"Iucr • 'I,... .. • 'ISJO!IO H ;:ts f"f01: lv ~ ed e • q. .i ~ .B C) .. r! ;:J .aevlD !ISri .m 'le ..8.µer 0 (l 1o -v;.c ;:teIS I \ 8 Q Oi II f. cl ,r L" l J 110T, JVO .::.l RJ 8 All/I C ;.HA .~SH_ i"' iiV ,'Jfll 1 '_[1,J~ ��.. AFFIDAVIT OF CORNELIA Re: HENSLEY Grand Jury. Harrisonburg, Virginia December 21, 1948 ii * * * * C. OVERTON .Shorthand LEE !Heporler HARRISONBURG, VA. �STATE OF VIRGINIA, AT LARGE, To-wit: I, C. Overton Lee, a notary 2 of Virginia, 4 Virginia, at large, do certify me, at 1:41 p.m., First 7 the presence 8 Conrad, Esq., 9 sworn by me to tell that of Charles affiant but the truth 11 deposed: 12 BY MR. HAMMER: touching 16 against Yes, I did. 18 Q Would you state, and in Esq. and Sam P. being duly and nothing the matter herein, in the case of Commonwealth please, the grand Jury at that A me if that Q Well, I never Just what was said and was time? told them anything was so what was down there at all. and I denied They askec it. When you say they asked you what was so that 23 down there, 24 the statement A Virginia, Hurdle Hensley? A 25 A. Hammer, Jr., the grand jury of Rockingham as a witness 17 22 before did you, on Monday, the 20th day of County, Virginia, 21 appeared the whole truth, and concerning 15 20 of Charles the truth, December, 1948, appear before told day personally A. Hammer, Jr., the state Rockingham County, Harrisonburg, 14 19 in and for CORNELIAHENSLEYwho, after Cornelia, Q this Bank Building, 10 13 of Harrisonburg, in the office 6 National public you are referring that to what?--are you referring was to you had given to the Commonwealth's Attorney? That I s right. C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 1 �~ o· nu ·r 'UH J TA 'ilO duq TB I ,J!U..ro:) 0 !l Il a: lULB i'l :) I t.a.s...t'- ··n•L • .o· t 'lo lg,:.tV rL 1 r. • or br ·.s :gn:.i:.c:fo.uojrfjIJ ! 8 no "· o 'fl. - •b ~ 9 \ r 'IlJ.c ... . :o 1: C . '! j rl j'e.u·, ':' .s 1;er! .II j j .l.. be ab j' cjj;j 0 • a 0 8 <toj.tA q t!38 r ( ... j,erlJ- ,J a j!UJo nl j" I .e y u 9 bn II.Jt e -r I t B ~1 vi en· Lo· I I A r:, ;j~ W IJO b er'j 0 .:.'!•!C-.:1---·t le!Id·' ~ ... 3rf:t 9 -+ .. .,+ ~ ___ A I> c'= A l d ;s(• I [_ - �Cornelia Hensley Affidavit Taken: December 21, 1948 Did you ever tell Q 2 thereof 3 father 4 6 9 call under the questioning had had sexual No. Q Did you deny before your with you on any occasion? that grand jury that your A Yes, I did. Q How many times did the grand jury examine you and you back into Well, the room, Cornelia? it was two times before A II I was called 12 Q You were called 13 A Before. 14 Q What did you tell what occurred 16 grand jury? Well, A there down there them on the first when you were first and I first 19 because 20 Q All right, 21 A Well, that. in two times? they asked me if that 18 said, I would incriminate and I told I was out for lunch. back at 1:30 and I went in one time after 15 22 that had raped you? JO 17 by them, at any time, relations A father 8 the grand jury or any members occasion interviewed was all true That's by the that no, I said I couldn't myself. and was talk what I told them. then what happened? they kept on asking me questions like that them the same thing. 23 Q You told them again 24 A Yes. 25 Q Did you ever tell the same thing? them that that statement was true~ C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 2 �•··v • 111: _ eic.n a·. 1 .rs 'l:ec.' l rs.a.'Io 0 ~11eJf.oT 0 t --- -:- ,- ec:r d -~ 1· 'IO 't'l.lf 't j 0 I j V .' :ro.tc =>DO ~ '18 w. rUl · .ns.- lie:i 61 j . 'I a·.rr.ol ce.u ~d t 110 i!O 'I.Uoy; J.srfj b ., !IO rj .t 9 ~1e 'Io uo~ adj ,.uxse i9'I ad srrlm.s ~e l"UT !JC . blb ee erlj brt£ ,J rld'.B r 9 '?uo b.cw .s't fJ 1 '!en· 'I s n.sm:wo lj • -!- 'le "I -.a.... b i;o-y; ·' ~.rfj e o'l-- d I I.so uo OJ e w I I rte £10 fl . ea111l.t ov;:t 1 1 be.I ~... e·1s· 9 ;; Y ,J 1\ _o·e ooo j""c:cl'l erfd' no merlj liej uo,c '·o cl ful . 'lg 'IIJ . w f:r e j :iIL I n·· • r .L '!j I bl.s<,, I r1roo jfn o• I bu e Ir .s j r! j 8 I, .i: 'I' • .on 1:.Lr-""., . ~ e.neqq.ed j "j ~ .[ ~'"'01 ... sup e .n. ,I j alnj e ,.Lie acr· 1 bn - .., aerl· £1 e erlj alas . ··'Io ej \.,.;i . ;gni:dj ~ e 't.bt "'lerfj .J, " t I' -4 S'l W' T • !lF'.) ,J c- ~ ( :trl;gl'l !IA )1 -y:0 j ill .;} b '(I odj l~ lo T od:t b oj .uoY A .r .l 0 .Ire merl,J . D'LB �Cornelia Hensley Affidavit Taken: December 21, 1948 sir. A No, 2 Q At any time? 3 A They tried 4 brother 5 6 Did you tell 9 and my boy friend I told him. him the reason--told we made it up was because Q Then after happened?--was the first anyone else A Glenn, 13 Q Glenn was called 14 A That's 15 Q Did he take that did they get it, called into in after in after you, what the room? I was. you were? right. paper into the grand Jury? or how do you know? 17 A The yellow piece 18 Q Yes, that 19 A Oh, the Commonwealth's Attorney 20 Q Did he give it 21 A He give it 22 Q And your brother 23 A That's 24 Q Then did they call statement with m and I got mad at him. time they called he was called them the he kept interferring and kept watching 12 25 them my them why you had made it up against Yes, I did. A reason 16 I told your father? !l 11 it. and I had Just made it up against Q 7 10 to but I denied of paper? you had signed. taken that in. to your brother? to my brother. then took it in? right. you back in and ask you if that is true? C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 3 �.'·'·v b e.n-r J li.BT 1 8tie.c . rs !£I' as :JA \' .; I s .ml.c ;:;e • aa.s qu b r. I O' m jeu~ 5j 'I .d:Jo'ld I~ SJ d sY A W ilO ,SG,., rr rwot. r 110~ .'Ieq.sq 1:c soe· o' ed;t blb oI.:::e . e '11 rl;t . rtl :teg ~j. t J 9 rS ~JJ P T?O .'OT,u ✓O ,, Al '11r..S:UV ,l. 0 1AHrn , .:J f-'? JS 1Vc..lrlr \t- �Cornelia Hensley Affidavit Taken: December 21, 1948 2 3 A That's right. Q Did the Commonwealth's Attorney go into the jury room at any time while you were in there? 4 Not while A I was in there but I seen him when I went in one time. 6 Q Was that after 8 A Yes, it was. 9 I don't they had examined you and talked to you? know what he did. 10 or before 11 againo It was before Glenn was called 12 Q In other 13 .ft Yes, sir . 14 Q After 15 I mean when he was in there words, in. he was in the room on two occasions~ did they call A That's 17 Q Then what was the line grand jury asked you at that A Well, 20 Q Did they have this went into entered the room, you back again? right. 19 21 in Then I saw him when I went in 16 18 I was ever called the Commonwealth's Attorney then what happened? first. of questioning that the time? they asked me the same thing paper the first over. time that you the grand jury room? 22 A I don't know. It seemed like 23 Q Seemed like 24 A Yes, sir. 25 Q You went in before they had it it was to me. the first Glenn, didn't time? you? C. OVERTON LEE SHORTHAND REPORTER ~ :;ii~""'"'"""'·""'"' 4 �.eice t .e n-xoj ;J-A e 1r.fj ojal erfj ~1re•o8 a'ntGoea 'I e •j eildw •rl I nsrl I jJ.10 e•i:sd;t al £163 a.aw I ef.lrl· • + e<I.i:'l ec-rsrl;t .al B r e b.si: ;3;t'l ~S!fj I aerfw .a.se . c.: j j • "'.0:0 n e V .srij j - .aa A jorl . vm· j uc-v; b""-' • m - .sT b.:..a ;:t 0 ~ : t 8 A -eY (' nl b IC I rrc ILi: j I I.aed1 m r .a 1 e wane 'eI 1 e'Io1ad • .0:i. :.::no e.so 0 0 j e.rfj n )O'I !IO It OO'I I d;:t ·t n'Iojj erl;t berrajno . .a;.,._ B }!:, duo no [ 08 .;t NM .... rl1 'to enli v .j (' UO't j~ j • 'It: 0 r,:Lnj e j .te l:'l e C erl' j j' a.a c.~ •~- j 'I 1 j" rfj' ae .d 'j .sriT ,.. Y.O 'j b ,rf .wo ~ Ifj' '- n'I j 32! •.l l"' ID t _ l ,'C,H C'I. '>JO,::> "ied I .. A 9 f, ' 1 ' erfj o·nl: j.r I A b 1 meGt 9 l j 'GW cl .ae.c'.t L r,a l rTQ ' • 'Ii: ':'.uoi ;:t'rr j ~.I. e r.sri ,erl" :>I• [ f:>.... eea jI j 9 .srl 7 .rrerll'7l v.cxr(, b ,t ( ;J'l .u .b er!-+ O' .e 'I l'I '"'W j £'ij' &q q !C:>fl dj ':'b 'l5rI3' b.i:' £ 8 e ~eeY • 'I I rrI 'Ierljo eri '- , D'IO rt o ,9y oY 9 'I I 2, �-------------,------------------------------Cornelia. Hensley Affidavit Taken: December 21, 1948 2 A Yes, sir. Q Then the second time, 3 it and tell them that 4 at your father? you had done this 5 A That's 6 Q And you told 7 right. I told you might incriminate That's 9 Q And you denied 11 A That's 12 Q And told 14 father 15 boy friends? right. 18 all 19 said, 20 this 21 wanted them up there 22 them. 25 except clear." the statements you gave the you and your brother, up so that "As far And then there no, he wasn't clear, with you and your was a man there and he said as witnesses. it had glasses is on he was going to get night. But they never He called know what they decided. All right, then you were called A of the men as I can see the thing, Alger boy and the man I rode up with that Q as I you could get your And the grand jury--all one said, I don't because were true? them that there 24 that you, had made this That's again. right. 17 23 them the same thing a.way to keep him from interferring A 16 you were mad right. Commonwealth's Attorney understand because yourself? A 13 to deny them you would not testify 8 10 did you continue That's and then they adjourned back the third time; for lunch and is that correct? right. C. OVERTON LEE SHORTHAND ~ ;j:/ ~ REPORTER HARRISONBURG, VIRGINIA 5 �l : .ae2I.sT -- - --------- r..:n.t 0~ $ ~.r • LJO , b ~ 0~ id ~llr'O "'" ne.d'T' ,dj ,- 8 1-1- t . .... • <t: j- i.·;t UOl j" <' - • rf ·' 9 .n.i:. a.s e .u" :J 6 ".' ;g.::'l Jo Ul es:t :toa f r u--, 0 e J blo:t j' uo .':tree 'IL.JO l"!on • j.d;g lj- erf n'Icf 8 r·oo 11oi ·wo t fj" A ,: ~ 31 r:;· I I "~ T o swno A. fj I I I ' [J ll E r •rl q e:; .'..,.• .ae.i 'I'l ... • J L'I ~o CJ ll a 1 ;:t ' e ;:t ao e f:JOO 1 e•rr..b.rw 8 • rf • t,!)SID 'l'l r: ., ~ r ~ !l1 rJOv, rT o fl-:tB u 9 !:>a lJ0V:, j ,r;, ~! et j-0.al :t • :) ei:· H rfj b .rf rl . 'I rr • qu ocuf j bns .doauL ·.co b OT, .::,J jl lT '1 I? 06 ~ II rl e A eI a H V ,c.. ll o.a.s 1/0 ,'.) A.I V J2! A v j ".I 1 .i.eg A , lfi;j· rfj .nob - cr �Cornelia Hensley Affidavit Taken: December 21, 1948 2 Q What transpired A Well, there the sheriff on, said the third was waiting 4 me back in and asked me these 5 me about this 6 affairs 7 had been out with my---no, 8 around 2:00 or 3:00 oblock at the police 9 them my story? 11 was out here. questions here Alger boy,that him yes. it wasn't Now on any occasion, jury, 14 said, that or ever indicate 15 way or in any manner? your father true. 17 Q And what you told 18 A And they had me to wrlte·my tha.t I hadn't 20 to write 21 handwriting. 22 asked me--they 23 is so?--is 24 brother my name. I denied signed them I didn't all with you in any that, name too. you know. statement I first Then they told me it was the same them I did write about my da ddy, and I told What you told you may have that. "Then this and I had just know. the grand jury--- So then I told true They asked me why So I did and they said said, and tell with my brother. ever had relations I never. said station to them by anything A Q And he asked me if I did you ever admit to the 16 19 And they asked I had been with him and had up at the hotel grand 25 over. to go back home? And I told 13 So they callee he asked me why did I come up They said them I stayed Q 12 the witness with him, and I told I told Cornelia? came in, wanted to know what they 3 was I afraid time, it. that Then they you have here them, no, my made tha.t up. the grand jury was true and the C. OVERTON LEE SHORTHAND ~all~ REPORTER HARRISONBURG, VIRGINIA 6 �I ,.,, j r, j " .fl.erl ~ juo o·je r erf I I oJ:j "e ,.). Lil 'e C . ·:te·'jor.c e':t ev ..... rr ~ •. - fJOV, j I rnA f rfj· iw '! iT,.., d :t • 11 R ..O I -.. b d . .. 00:S 'IO rlT ! rto j, ( IJ no ,;sja ')0 .,a te 'i''" ~.ru·.., .j u·, ---v ....e,.rt'l I - Iod" 0 9 edJ -a erfj ,Q;Jj jl bl e LC U01l .ro~t srf.j W' oj t :~ "'f .on I e~.ao erlj m e ;;,J r ,.,.r.iT .·woe' l?.B l L j- ') ;:i I 08 I r ZB 01 I g I ., H 'IO ,r n I i'll 9 ~I ,. r V.6 j . e '., a b.aA j"T j bl: CI IJO-Y,- j~j I rl fI I, odj .. .'!Ut a • '.OV' r I 8 v1 l efi---'·.s'.1. 'II.JO 'l° j, rf 'I~V f). m ed;:, bioj I fl L fIIJO : f)j:~r,r'• e;t.::o.l:b.ui: '1:G ..... ·~ 'IO oj ... ?. ':'v· I .S ·•cro .aeed i) c:';i- 1: a • 91 ·r1 rij l '-r ~~11n't' root· o 00:r' ' lH el J ~hcd.c ~ o·i: tO.L --- s ·'orf erlJ lilGdJ • e){e.a . .a.r' -i· P.", ,10 r2morf ,X:) d og o;;- .uoy: .b.i:F id ri w j' bL j .ai n• rs ...,ru uoi erl fj" e Ioj ~ ;:, Ir~ ·, e '.(C t r)Cf sA J3 • srJ'):j' :t,,_mb~ oJ v.;a.• . r o.i:Ioa rlT £0 I m ,.coI ;:J-1n rfj • ae"t Ldrf fl e~oo I .b l fJ -v;rw e rJ j erf;t 'j up oa cf D.BD I f • 'T n .··0vo .G ~eer:r.S { !: 8 ;t:"d:1 ~1,1 e of rs s· r-rf sv ~ :I fJ I I . q '.f d' :IJ erfj ·b • b • IJO . I 1- --------33J 1110n:13VO.0 RJTHQq351 OHAHT~ ) Z 0 Al'11flRIV .<lRUa:,,oz !l Af' jrufV G s �Cornelia Hensley Affidavit Ta.ken: December 21, 1948 and the statement 2 to the Commonwealth's is that correct? A That's Q Has anyone, 4 jury about 8 9 this either matter Mr. Sam Conrad or myself, you were questioned until No. Q Have any members of your family with you or attempted 1n any way? II A What do you mean?--to 12 Q Have any members of your family change your testimony? 14 any of your family 15 or offer 16 this you anything discussed say it wasn't has your brother attempted you to or your mother or to intimidate or threaten if you would change your evidence you in case? A No, sir. 18 Q Has any member of your grandfather's 19 grandfather 20 change your evidence A 22 or your grandmother, in this your to have you case? the matter 23 Uncle Layton or your grandmother, 24 your evidence? A made any efforts family, No, sir. Have they discussed 25 this so? advised 17 21 by the grand to get you to change your eviden,~e 10 13 talked now? A matter was not true, right. to you at any time since 6 Attorney No, they have just with you, that is, and asked you to change told me to do what was best to C. OVERTON LEE () II . ~ ~~""""'""· SHORTHAND REPORTER ""''"' 7 �e lrs 8 ·:toj:tA a 1 d I.es El· ~eianeH s 'IS mooea : ~t1 1 j"- 0 "'!l j el: 'j a . ol1 e ··n.t o~neD 'OV, V o--v; 1: ' l! 9 '°' .a..e1fo ... r.rov; jog , e;t oj ,.ll"'tH sm: cw e'led 0 'IO e o j - - n: .a" e!II UO't uo·r Q_[', j 8 9 e 'ls;:tj,om jl"I.T 'I ~,-1•W .t)U I !l.i: o .ueblv::i wo-v; s rwrlo biuow uo 'U 8!1.i:rl.:t,a uo~ 'Io'l1o H <'l 'ro ~ee o elrlJ 'IUO rJOV: 0 l ~.[ e 1 'ledj.s "-rn•;'l jrr d oj 11 'lg b !JO . 1:o dmb 'I F-ir-r '!l.6 'I ~ee~o e. j . 'I. lei: j,sjj ~uo~ dj ·- n.edo oj- 110,C D"J'a~ bee .uo~. b edj jj •t !I l ed· rob.a 'I 0 "ILTO , .a.i: oo.a ed-'WO I <> ~!.l 'I"'..r,t l J-eed a.sw d".srlw o nd" m bioj ;:te t ev.ruf ~erij '!8 0 rb ~H 0 t 5- :J V,:-- '!..J ,i 33J ~OTSl3VO .0 y C .:f nod"~ J •o I I. .:>VI ':'so.o:ab oj ,.,'lb ··ve 'WO~ e f' I -<J I i, �Cornelia Hensley Affidavit Taken: Decmeber 21, 1948 do. 2 They said father 4 that up to me what I wanted to do. You have always been told Q 3 it was left to always tell correct, the truth about this A Yes, siro 6 Q And what you have told grand jury yesterday; is that isn't Yes, sir, 9 Q You have not been promised that's or making this true. anything by anyone for statement? 11 A No, sir. 12 Q And you have come here voluntarily will today; is that correct? A That's right. The Commonwealth and sheriff 13 free 14 15 questioned 16 la.st 17 me after on your own the grand jury had, before both I went in the time. You mean by that Q that 18 deputy 19 the grand jury as a witness? 20 the the truth? A telling matter; us here today and told B 10 for your Cornelia? 5 7 by counsel sheriff A questioned the Commonwealth and the you after The second time, after you had already I was in the second time. 21 One of the jurymen came out and asked the sheriff 22 Commonwealth. 23 witnesses 24 room but me. 25 to change my mindo So when he come up there, was in one room. So I stayed been before He told in thereo why all them all for the of us to leave the He asked me who got me C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 8 �·sbr1~n Y,$IeneH slien~o~ ~ ,i~ ~edsmoea :no ·~T j ~ ------- .ob -- o~ .bej!I£ •T I j.sr:f 'lJJOt •· o1 leem.roD • d am o;t q.u .:.."1:el a Io~ jl ------ Ill e ,eri'.P .IT£,ed e"t.ewI.a ev.sri uoY 9 .ob e $JU b oj .on i~ oj e't.:erl cu b.[od" ev rI uo-v; j ,d· ·w baA d 9 I j ' 8 A 9 . 'Ii e mTO ''IJJO'!f; GO "t U:'I.sJa.uLov 3 srl ~J.urfj ~d'09'!'100 djod 11 'Isrlz ev ,d "'ill00 bn.z .rfj I '°W J.O!!!filO:-) cJf '1 • IJ01' Bl ~'\': j!fgl'I o-r A ImA ~ s:-.oj Ir•. , t ,I G8ri1: 1-1 a I j' p_,rl cl ~- • t. .L .J Jc.el \I 9 e'!:o'i:--:6 .,5r1 l101l I 8f lf ae.u I .f!ooee I erid' al e.ew I 'Ioj'i.c fl.a I eu 1o .[Ls , em ➔ UO ·r.ctw ,~"ior1.:t q.u ef!I'J;} .0.C!Q')r>P G!ll.GO IT.G·, rf fi3.dw of: .d.:t.C.se·,u1ori.illio::> ,<; .. i~ ~ cs ------J J \.10TH3VO .0 H3T?0'13H 01-1AHTHC;a 8 Al>IWHIV .D~1.,a,1oz1 ,;;AH --- -- ------ - �Cornelia Hensley pffidavit Taken: December 21, 1948 2 4 You mean that A After the grand Q After you had been called occur 5 6 Q 1n the presence No. A in there in his 8 9 time. the Commonwealth's 11 grand No. Q What was this sheriff 15 the grand 16 back the third 17 18 while We went the grand jury they were in your presence?--did ask you any questions conversation on these up in the and questioning Attorney after two occasions by the you had been before and before you had been time? Well, A Glenn and I me a.bout anything. you at all and Commonwealth's jury did not they were there? A 14 but this jury? question ftttorney jury room while 13 twice, We got up here about 9:300 and while 10 12 of the grand but he didn't was in session jury? jury. Did he question Q the grand Oh, the Commonwealth called the first office was before the Commonwealth CBllle in and asked me why I changed my story and who got me to change it. 19 nobody, change my mind at all. 20 ing me like 21 your story 22 not that 23 know somebody told 24 and said, 25 he said, I didn't and he said, because," 11 What's this "I'm not---" or something you. He kept him on question- I know somebody did get you to change he says, big a fool", And I told 11 all like And the sheriff about? he says, that, "I'm he says, come in there What's wrong now?" "I then And 11 Somebody' s got her to change her mind a.gain." C. OVERTON LEE ~ Jr SHORTHAND ~ARRISON REPORTER BURG, VIRGINIA 9 �er. n 'lecfmso 'j d O'IO j liea~ro:J :.ae}!.aT a y ;J s e.rU 'I -;t'l lb d-011 P..i j.u J l eo • 1j be If. ~ n . eW ae j.uoo ► :e al. f.:t :) S'!erl ro L' .. " "! 9 'lo eo:i 38'.tq 'I;g srlj 'IIJ". bII eII n.asii:> .ae cf b :) .cUI ewnorr :) qu jo • f) e ,cJj je'I.i:'l "j " '.W-000 " A .o ,:,dO "'fj .ai: O'l':3 j ofij nl: j.'.JOG ~ .!l 8 9 '\:'Iii e erl~ .d .bn U eeup J.nl110 no B'..,'X"'V.ao e ··rlj r1 j e 1:J..'"0!18 I I• I .£13'1" :'a :J o 6 rfj lrfj l>l I I rf e 1 I Ir~ lrrrrd bioJ \-no· r: lei " erl . e'IeLf :t rr. rrA "~VOrt .,.n.:. ..t j9g c.rf II ocfc oe "" }!J: 3!!IO '1 ff. <!W a':t 'l"'n .,.L I 'WO ru' I'' ---jon '",.;~dj ba·m on·rn -y;m C n "' .-0 T -~e 11" rredj '1~--~ uoi j e n rf ') T f10 jiFu fLB rfj .al b :>Ia b l ,.e ,r .n •) d" ot 'I e 1r 1001 rl joa cf 81 'Ioj ·a ~ oj elrlj boc:f'1!! l . .rw :Jfl:I em gn· rl .,.uo r . :t 1 ab"·b I 11 ··o .nld;ternoe S'j .se erf ' rle e·Lt bn rl\l - [ rbode e'J:rl1' ode j '1 .LJO"' I l .B.dj .toa oc worn lb r oe11 I l ~- 8 I fx "'C rl .J 11C Sl3VO .0 ;- r ) i �Cornelia Hensley Affidavit Taken: December 21, 1948 Did they make any statement Q 2 you had to do or anything 3 4 Well, A going to tell like I didn't that? the Commonwealth asked me, says, I said, the truth?" "You want to go down before 6 to you about what know. He says, "I don't the Judge?" know" I said--I judge or wait here?" 8 says, 9 say anything. 10 Q What you did tell 11 A That's 12 Q And you now deny on your oath that 15 I says, "I'll "Are you going to tell that 17 A No, I denied 18 Q And you say now that your father has never 20 A That's 21 Q But that 23 that 24 the He J\nd I didn't the statement is true? I wrote down is true? Yes. father him right. Q 22 told grand jury was the truth? What do you mean? the statement A there wait here." me the truth?" 16 19 just you gave the Commonwealth's Attorney 14 He says, "Do you want to go down before 7 13 "Are you it. It was all lies. is not the truth had anything and that to do with you? right. you did this because you were mad at your and wanted to get him out or the wa.y for a while; is correct? And further this deponent saith not. 25 C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA (j 10 �;j JJ . e j o:t 0 J.JO :fj 0 no l ' wom! a ~ j rl 1 11 I ~ .1. 1 a I 0 d 'IO' ;t 1 ob'- -- ;t j 0 .e r j" • ...., j I b.a rt JJ. .$ ~ j d .u'!j erl;t '1 r orfj ~e r oj 0 e d !~ 'l 1:o· j e t !IO 0 8 .:tlJ'IJ b 0 l.rr 0 '10 T C 0 'I 0 II e \8 a .:tu'Id' .cfj 8"" .b ' lJ~ II r.fj 'I8 j j~ fJO 9 lj ;tae 6.; j .-.r1..a. .:te e 'I . E ·wo 0 a 0 'l a· o j jc ;ta A o 'rl:t I e ' ? ~If j ob ;:t ' 0 j .9lJ j ne •. j' V • .d:t ·! j I • od' 0 rlT C lj e· j, l . t 'W '1 0 . 'lo :iuo 'IO, j j ~ •ri j ---j ..I. rl-'- o, A 'I a "Ierij j i "+ .jf'N j 'I fl ?uo . d.:t • :r u LJ V 9'l 00 j rfj �Cornelia Hensley Affidavit Taken: December 21, 1948 I further 2 her signature this 4 5 affidavit certify that affiant Cornelia to each of the foregoing for purposes ten pages day of December, affixed comprising of identificationo Given under my hand at Harrisonburg, 21st Hensley Virginia, this 1948. 6 8 9 10 My Commission Ex:r:tres February 5, 1950. II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 11 �jlv "t1 e eaoH l Ien·1.o ::> j nej .nol e.t.d n ·r.i.V ~ere.aeH 'I - cf.me..,,- I • 11 alose'!o o· ljaeb· ~ b 11 ' I ..I" e :,:e.d 1o j 'Ir.rd.aoe • 'I'!. 'I!J '101 .srl m 'I e j V IIIJ b '11 V , •rl:t I ,. D • ,L.., 8 JI ill I I I "'"3, lt'OHl3VO ~ r .,_ Tfl q,_ 'lV A: I-' HIV ,< • I H .:> 14 ~ ~Ali I �T_ l �PrisonersReportof Rockingham Jail ________________Date ✓ Arrested_/L::2/_---_:f Date Bailed Out_ ___________ . ___________________ Again Placed in Jail. ______________________________ Male/ ----;z:--___ _____female ________Age_'/.Y._ __Race.u)_ __Single _______ Married __~Divorced _________ Separated ________Widow ________Widower_ _______Illiterate ________Gr. SchooL ------High Sch. _______ V ocationaL ______College ________Dtug Addict__ __ Employed ~Reason fot Being in )aiL.k Occupation do/--~-- _l2ii_'___________________ _ Reason for Release from JaiL ____________________________________________________________________ _ Amount of Fine ____________Cost_ __________ Sentence Time ________________________________________ State ____~----- County ___________________ City ___________________Town ___________________ Federal_ _________________Army __________________Navy __________________ Others ___________________ ____________________________________________ Fel. ___~ Miscellaneous ____________________________ABC ________________________Ins. ________________________ Date Committed//_-::-/4-f-c-e _7'.e;:;;_ of TtiaL _________________. Date of Release __________. ______ Court Committee From __________________________________________Type of Court_ ___________________ Transferred From ________________________________ Transferred To __________________________________ Reason for Transfer _____________________________________________________________________________ _ Physical Condition ________________________________________ Contagious Disease, If Any ______________ Fine After Prisoner at Jail; Amount to State$ ____________Amount to City$ ____________ Date Reported ,,. 0-/J J / )! 1 (7' ~ 1 ______________________________________ ~J Deputy and Jailer I <-f'/ , '-{f • __________________________________________________Sheriff 't. tu--. ��IN THECIRCUITCOURT OF ROCKINGHAM COUNTY, VIRGINIA CO.,~JlONV.TEALTH OF VIRGINIA vs. HURDLE HENSLEY Comes now the defendant, quash the venire upon its face. facias Hurdle Hensley, impaneled at this by counsel, and moves the Court to term of Court for irregularities appearing �,,,. �IN THECIRCUITCOURT OF ROCKINGHAM COUNTY, VIRGINIA COMMONWEALTH OF VIRGINIA vs. HURDLE HENSLEY Comes now the defendant, autreforis (1) acquit of codefendant, That he is indicted with one, Cornelia (2) Hurdle 'Hensley and files That on to-wit: tried estoppel, Court with having committed adultery on to-wit: the 27th day of November, 194$. the 12th day of January, by jury in this his plea of res adjudicata, and plea in bar and says as follows: and charged in this W. Hensley, this Court on Warrant 1949, Cornelia W. Hensley was charging that the said Cornelia W. Hensley did on the 27th day of November, 1948, fornication on the date aforesaid, of Section 4543 of the Code of Virginia." V. Cornelia f'ollowin~ verdict, "We, the Jurors, find the defendant Lyle M. Armentrout, Foreman. That this petitioner by That the jury impaneled in the case heard that day, in the case of Commonwealth of Virginia Cornelia commit with one, Hurdle Hensley, a person whom she is forbidden law to marry, in violation (3) "Did unlawfully says that the charge W. Hensley, manifestly against the joint returned the not guilty." him and against the said and of a necessity, committed was one that required the said Cornelia W. Hensley, W. Hensley, if any offense was act of both the petitioner and that a jury having been duly impaneled and having heard the evidence of the Commonwealth in the case of Commonwealth V. Cornelia guilty, W. Hensley and having found the said Cornelia that defendant the same is now a bar against for the alleged identical petition warrant in against this the case of Commonwealth V. Cornelia of Commonwealth V. Cornelia of the verdict of the jury returned as by the record said judgment remains in full thereof thereon against not this in the warrant against petitioner. and prayed to be read as a part thereof of the warrant part hereof proceedings charge contained Cornelia W. Hansley and the indictment to this further w. Hensley Attached is a copy of the w. Hensley. W. Hensley together In the copy with a copy and is asked to be read as a more fully force and eff'ect and at large and the appears; which said Hurdle Hensley ��avers and in fact says, Hurdle Hensley referred that he, the said Hurdle Hensley, to in said warrant Hensley is one and the s~me person; Cornelia,. Hensley was arrested of Commonwealth V. Cornelia W. and that the charge of which the said and acquitted of which the said Hurdle Hensley is now indicted to having been committed by Cornelia charge; and this w. Hensley, as aforesaid and the felony is the same act alleged who was acquitted of the the said Hurdle Hensley is ready to verify. Wherefore the said defendant discharged and the said prays judgment, and that he may be dismissed by the Court here from the premises in the present indictment and specified. ��6 Arrest Warrant The Commonwealth of Virginia,} T . • h am C ounty, o-w1t R oc k 1ng To the Sheriff of Said County: Whereas, ----'G'-'e"'-o~•_D_._C_:___=:_o_n_r_.:a_d_,,_, ---'-C_o_mm_o_n_w_e_a_l_t_h_' _s_:_A_t:._t_o_r_n_e---"y __ of said County, has this day made complaint and information on oath before me, J. C1 erk of Trial T. J. or J.P. C_o_r_n_e_l_i_a_W_._H_e_n_s_l_e_y ____________________ of the said County, that ___ on the.__ marry, peace Swartz, -"'2'-'7'-'t=h=--__ day of_ _.N=.,_..:-,:o-'-v-"e=-=m=b=-e=-r __ , 19~, in the said County, did fornication to C. and with in one Hurdle violation dignity of of the a person Hensley, Section 4543 Commonweal th of of whom she the Code of Justice Court _ unlawfully is forbidden Virginia, commit by law against the Vir•ginia 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 __________________ Cornelia W• Hensley to answer the said complaint and to be further dealt with according to law. Given under my hand this_-=2--'-7--"t=-=h=-----day of____ D=--=-e-=c-=e-=m=-=b:.....:e=--=r'------• 19_A&_. /s/ J.C. Swartz Clerk Memo. of Commonwealth Name Witnesses: Address ·--- ------- �,; - ~ :, 0 • 8 0,:, Q.. rgg.5·g Hensley Issued 1/12/49 JUDGEMENT no SI) " C) :::· ;:,rt i;l:, <1> ► :, ., o.. :,- C: :, 0. l"'t::, .... " - ....;:,-o. o-" " 3 :, :, :,--0 -< ;:,., s~ i;i ~ :, (t) December 29th, 1948 A 2493 Criminal Docket No. 0. Commonwealth is found the defendant and the Court guilty, vs. suspends the imposition in this case of sentence on gooo. behavior of the Corne]ja defendant for a period of one year. G;ven under my hand hand this 29th day of December, 1948. ~,;::, -(t),; Upon the hearing of the within charge, 5- ..oo· { Arrest Warrant (t) ~,; _p..."2 ::, SI) 1-1 rt O..~:, n a n°";f 5: g-~ " ~ 3 ;i ~ g rt (t) ~8:. ::::,--i:: 0. ., -< ::, (JQ -· ::::::, ,; ~SI): " r' Clerk's Fee - $.....1.•.25..... 64 ..... - $ ....9..•.. $ ......... !'.5.0.... Summoning Witness December B. L. Kiser, , 19-48. ".... $........................ Jail Fees $ ....................... ---- $:.l.6..•.. 8.9..... C: ~n n· ~::, n-- 5· g :,- :,; ::r- ...... (t) '< (") (t) I.O ~§·-g \ ;f :, ~-(t) :,--9:r-! n 3 : ;:,-., : n ~ -< : ='."8O" Miles carried prisoner .3.~. PORTER R. GRAVES Total mileage Trial Justice Plea Guilty 12-29-48 - .l0.8 ...... 8 864 >-<: 'T1 :;,::, ? 0 8 ;<; () z C) ::r: ► .., -~ 0 ½ 9 ;:,- (IQ 0 0 "' . " 'O 0 ~ "' "' < " ~ ., ., 0. :, -< .,n 0. ?;""' o' .... 0 rt :, ;:,- ~ ;, " () 0. OQ 0 " C: ....., ,;;· ;:,:, n0 -< n "< ~ :;,::, 0 0 :, rt :,:, .,5· ~ g ~r.> ., :,- ~~::,: .Tl .... z.., 5- ;::\ OQ :.,.~oaI Miles travelled by officer ".... o' 0 ~ ;:,- -·:, (t) 0.. Officer's Mileage C: 5· rt 'O :, 0 : $....2 ..!.50 ..... I () 0 : ~ ~ Commonwealth's Attorney Total -< ;r:ro o ::, 2-s-~ "-· s• 3: :, and Mileage $.. ► 3 M. "' "' 5· Dep. z OQ ti')-· 0 Witness Attendance r:;J ~ () $.....2...! . .00..... Trial Justice Fee Arrest and Mileage g day of C) " 3 a·r~·;_;";:,- .,:,0. " n "8; ~:: .., C: -< "~ :,-., ~ -0 g: ::: -· .... '-' -o,... C: n -· F" 5-,, 3 ~ ;::;· -< O.cn """ p:, " ~C: 0.~ () 3 oaO : 0 29th ~ : n O.r, '."" this < CJ): n,..,.,; " $....l ...0.0.... ~ (t)::, ';--' Issuing Justice's Fee 'T1 ::, l"'t o..::,----•l"'t: 't"' $ ...................... __;;· 0 g 5·::i-5.• ., 0Cl.. ....., < ~ : 'O 'O ., ".... 5C: • ~§ 0 g..g- O" "::.· .., ------ tI1 0 5· :, ;, < ;;;· ~ ..M: ::, ► OQ 0. 0: C. (t) n ~,;: o'~ w. Hensley before l"'t ., " ...,n ;rn C: 0.., < ::.· "3 ., 0. .,":, 0. :r ~ OQ Fine (t) -· -·" :, Ul O" a~-crs. s.:.:;..o §..~::, ::, ..., 5- 5· ~ 5- Oo~~ ,; '"T\o Executed the within warrant by arresting and delivering the body of _c_ornelia -· ~ ~ ; §. i;i-< ~ w. Hensley o'(t) :,- 0 .., .., 0 "::.· 5>< " "; 0 5- .. 3 0 " ~ " "' e.. "< 5.... "e.. 0..., -< s ~ .... "' 113. :::· :, 0. " ,;· "' . :,--- rt 2"'" ~ :J"",; ~ -(t) 3 -< " g g_g~ :, Trial Justice Court 0 Fi 3 ;:,- C: ?<' -·" () 3 () 0 C: c:;- .., :, :,~ 5- ;:; " ., "' "' "' -< ~ 0:. 8 0. :, rt ..., "3 ., "' :, 0 0 n ?;""' 5· 5· (IQ ., ;:,- 0. " " O" rt 0. rt 0 rt ;:,- " ? r w ~ "0..., Appeal noted and granted to Circuit Court of Rockingham County, Va- on Jan. 6, 1949. PORTER R. GRAVES,T.J. �IN THECIRCUITCOURT OF ROCKINGHAM COUNTY, VIRGINIA COMMONWEALTH OF VIRGINIA vs. HURDLE HENSLEY No. 1 We, the Jurors, find the defendant not guilty. Lyle M. Armentrout, Foreman �I �IN THECIRCUITCOURT OF ROCKINGHAM COUNTY, VIRGINIA THECOMMONVlEALTH OF VIRGINIA vs. HUF.DLEHENSLEY PLEAIN ABATEMENT ANDMOTION TO QUASH The said Hurdle Hensley in his ovm proper person, heard the said indictment read, comes into court and having says that he ought not to be compelled to answer or plead to the same because he says and contends of his plea in abatement and motion to quash as follows (1) returned to-wit: That the Attorney for the Commonwealth appeared before this indictment on the indictment against against this was not sworn as a witness (2) their thie defendant defendant before That the said Commonwealth's Attorney inspection and guidance, a certain extrinsic them under oath, witnesses this (3) to do indirectly including the prosecutrix, before statement in this of the Commonwealth's Attorney evidence that no legal returned examined the witnesses said written purported ~stimony for interogation submitted of the an indictment by the prosecutrix against and other this defendant; to the aforesaid for the reason Grand Jury, the indictment was found upon the Hensley and Glan Hensley, who were the only witnesses before sent before to Glen Hensley to examine is void inasmuch as the Grand Jury says that said indictment of Cornelia instrument by law nor proper evidence before them on by them against evidence having been presented testimony that by so doing the and, That the said Grand Jury had no legal which to found the indictment given the case and thereby allowed the of returning although the same had been repudiated heard by the Grand Jury; allegedly that which he is prohibited and that the Grand Jury and as the basis and, to the said Grand Jury for That same was used by the Grand Jury as a basis defendant, witnesses submitted The said Grand Jury had already to them on instructions the same. said Grand Jury; and improper hearsay Commonwealth's Attorney ~ttempted from doing directly. he, the said Commonwealth's Attorney, purported Attorney for the Commonwealth by the prosecutrix Grand Jury to consider while the said Grand Jury was deliberating and that for appearing the Grand Jury that said Grand Jury was found the indictment, upon whose as shown by the ��., return into open Court of said indictment found upon the te·stimony of Cornelia This defendant (the prosecutrix) part files herewith from said affidavit that that presented Cornelia Hensley no competent evidence was and it appears for the Commonwealth appeared before against the purported this defendant. the Grand It further sworn before the Grand Jury, Glen Hensley, the witnesses written statement of the prosecutrix to of the Attorney for the Commonwealth the said Hurdle Hensley, judgment of the said indictment is they may be made and read as a it appears that on the indictment the Grand Jury at the request And this, and prays that the Attorney from said affidavit one of the witnesses, of the witnesses, said Grand Jury upon which it found an indictment, Jury during its deliberation appears the affidavit from which affidavit given by them before "This indictment Hensley and Glen Hensley." and Glen Hensley, of this plea, wherein it is stated, is ready to verify; and that wherefore he prays the same may be quashed. COMN!ONWEALTH OF VIRGINIA vs. (AFFIDAVIT) HURDLE HENSLEY VIRGINIA _c_d ..... 11 .... N........ r_y,,___ ___ On this of _lfq '1 hiN &-t/AA1 g.'-W day of M ,tJR c. to-wit: Hurdle Hensley, the above named defendant, in and for the State and C...o u ti! T 'f set forth in the foregoing before the undersigned aforesaid ..!llUJllkl---1i:Jbf'.h1:te~::.....-~-day-of ___ -__ -_-_-_- ___ and things , 19 19, , personally 1-1- , -1.-9::_' __ , P.FPvT appeared Y t!.. /J£ Notary Pttbl~c 1Yf1 wl1o8e eomm-issien-expires and made oath that the matters plea are true to the best of his information, knowledge and belief. Given under my hand this ffW day of ___M___,!/....._!t ___ c.~H..__ ______ tary Public , 19 .t./f • �.,. �IN THECIRCUITCOURT OF ROCKINGHAM COUNTY, VIRGINIA COMMONWEALTH OF VIRGI"IA v. HUP.DLE HENSLEY Now comes the accused, the indictments of any further January, filed Hurdle Hensley, and moves this against prosecution thereof for the following commit adultery Cornelia of fact on the 12th day of Hensley, not guilty charged in the warrants in that of adultery Hensley, carrying found that of adultery. of the case were resolved when the jury by their and which warrants in the case then heard were not guilty the peace and dignity and evidence Cornelia the jury by its verdict judgment of the court. Hensley. These cases charged the said Cornelia against Cornelia Hensley, when the jury found the defendant, defendant, Hensley. with one, Hurdle Hensley, favor of the defendant, this that "The 23rd day of November and the 27th day of November, 1948, Commonwealth." That all issues defendant, reasons: 1949, a jury was impaneled in the case of Commonwealth V. Cornelia did on, to-wit: of him on the 20th day of December, 1948, and for a dismissal The warrant in the cases of Cornelia Hensley, Court for the dismissal in verdict found the with Hurdle Hensley. A fortiori not guilty the identical this of adultery as charge against defendant Wherefore this and the defendant defendant prays ��IN THECIRCUITCOORT OF ROCKINGHAM COUNTY, VIRGINIA CO&lMONWEALTH OF VIRGINIA vs., HURDLE HENSLEY Comes now the defendant, venire summoned in this of each ballot districts Hurdle Hensley, cause and assigns as his reasons therefor drawn from the box there appears to be the initial and the City of Harrisonburg marks upon said ballot to identify jury is drawn from the box, their and no consideration they are residents thereon; that there the statute names shall be listed that on the back of the different should be no identifying them from any other ballot in drawing said ju..-ry it is mandatory that the venire and moves the Court to quash the in the jury box; that be followed and that as the in the order drawn constituting may be given as to the districts except in such cases as provided by statute. or city of which ��STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand for the body of the Circuit Court their 27th oaths of the County of Rockingham of said County, do present that day of November, 1948, unlawfully daughter, Cornelia 4543 of the dignity of the This Cornelia and sent at its in said did W. Hensley, indictment before of Virginia, in and and now attending December County, term, is then commit adultery age eighteen, Code of Virginia, Commonwealth W. Hensley State with and Glen Hensley, the grand jury on the the peace testimony witnesses to give the his of Virginia. found upon and there in violation against the 1948, HURDLEHENSLEY, on or about and feloniously Section court jurors of sworn in evidence. of and �) 1948 / Foreman ?J'I ,6 p-eu.1 Adultery INDICTMENT COMMONWEALTH - ·J V• term HURDLEHENSLEY Felony December , A true... bill: - ~ Cornelia W. Hensley Glen Hensley Witnesses: 1. 2. George D. Conrad Commonwealth's Attorney �INSTRUCTIONNO. The Court intercourse stitutes if the between adultery. you believe accused, November, Hensley, from Hurdle 1948, then instructs the a married man and an unmarried The Court further the evidence Hensley, committed you I shal him that the instructs beyond on or adultery find jury about with guilty, act of woman conthe jury a reasonable the his sexual 27th doubt day daughter, as charged that that of Cornelia in the indictment. �'[' .! [' J �INSTRUCTIONNO._&_ The Court crime may be upon the convicted circumstantial jury alleged that convict the the the evidence defendant him in in defendant evidence such connected so charged the to have with been that circumstantial indictment; this case upon circumstantial coupled circumstantial connected jury a reasonable person jury circumstantial from upon beyond against instructs the evidence believe evidence, jury instructs other proved that with one charged evidence with doubt is other from guilty have alone, such circumstantial crime the court the right alone, evidence, evidence or from such evidence, believe the beyond reasonable if of the evidence other or evidence, therefore, they with if to or upon the circumstantial guilt doubt. of the �.. t. ..t r 0 j �~ INSTRUCTION NO. upon the The Court instructs Commonwealth to reasonable doubt of charged against for Commonwealth the absolute more certainty than accused satisfy ls #?&- guilty the prove an offense the accused, to or beyond the jury thereof all that the accused and every does establish jury the guilty mean that the guilt that upon beyond all the lity of reasonable all element it the is thereof, necessary accused of mistake evidence resting beyond material not possib burden as doubt. or a whole to an tocb the �r -I �INSTRUCTIO NO. The Court instructs stand and to testify guilt or innocence, is entitled the jury th t the failure creates no presumntion his failure to consider. 12. to test·fy against of +he ccused tot<; e the him and in considering is not a circumstance his which the jury �r ,.. �-----------------------------------------""--'--------~--'--"" INSTRUCTIONNO. The ,CoU!r'ltinstructs ··evidence that statements the i tness the ju.ry that the witnesses, in con lict stand, Cornelia w· th or in in considering even though Hensley crime with w"iich he is charged, the any such contradiction or conflict~tements hut must consider the case of the statements that determin1ng e ceu whether ~ said jury accused they may consider witnesses and Glenn Hensley, contradiction the guj l t they may believe of the evidence or innocence from the m:1y have made gi t H,I'.' em on of the accm:ec. of the are not at 11.berty of the as if the or e~ther to take into consicerntfori es 1..ritness/or either o them, said the.witnesses statel!'ents for ,£. of them/are haci never the sole made the pur~ose ~o:r::.t.ty of be iPf. I. of �r j �INFTRUCTIOJ NO.£ Before evidence reasonable only, the jury thnt c'loubt. It a conviction, as to nroduce reason&ble a moral doubt. the accurnd gui ty of the offence or more ~rob~ble authori? ~, he is can c?nvict is not sufficient than h·s tut innocence. the evidence certainty B.S that they roust be satisfied froi:; the ch,'.'>rged in the indictment beyond al 7 thPy shoulcl 'beli.Pve his gui t T'lroba le o degree merely wilJ of probability roust be of such a. ch:1racter of tne prisoner's gui1t, anc. tendency to the exclusion of ��__ff_ INSTRUCTTON ~o. The Court instructs a crime to be innocent the jury that unt·1 a reasonAble doubt and this through the entire cases there strong, his gu·lt is not sufficient upon the t· e, concur in pointing ~· is establ.f'hed to every stage presum~ tion of ·nnocence. b thereof w· th the Comrnom"ealth beyond lace, caution mens, and and in~ Mere usp1c1on, evidence u~on ~hich to convict,~ evidence mu t be scanned with great is relied resumes every person cfr,rged ryresum tion of innocence goes with the nrisoner case and applies is a legal the law ~ opportunity, 1 cou,tful no m tter c·rc f' where circumsbntfa.l h01i 11 qntia evirlence motivP, ::ind conduct must all out the accused be'ond re sonab e doubt ~s the guilty party. ��INSTRUCTION NO. The Court criminal corpus cases delicti eufficient guilt that instructs the Jury .f:i__ that in this as in all the burden is upon the Commonwealth to prove beyond all reasonable there of the accused, doubt. may be suspicion but that the proof Commonwealth must be such as to establish a reasonable case doubt. It is not or probabllity offered his of the by the guilt beyond the ��In the Name of the Commonwealth of Virginia: to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the./f/t✓.day of. .........{~ .. . 19f.j..to testify and the truth to '"y·~·b•h~lf of.:••~•f•~•=: '"th, zdI~f~h:g:,t•················ 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. Witnes; J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .../~ day of .L {I'~ .. 19.f"'}(, and in • the/V. ..... year(ff the Commonwealth., -······.;it!?J-W:_ct;;:_.. . ~/f_;;r• Clerk �C 0 ~ ~ w ~ C/l E 'C ~ C .;: .... 0 'C 0 .0 Q$ 0 G) 0 a, Q, :::i ..... �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting:, You are hereby commanded to summon .......J.Q~ ....R9..~9.-.C.~P. ....@.d ...D.r..l!....F.l!.L..'--..B.ye.r..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 ....1.7.thday .......................... . ..............19..49 .. , of.. .................J.anuary to testify and the truth to say in behalf of the Commonwealth against. ............................................ . ........................................................... .HUR.DLE ....HENS.LEY .................................................................................................. . who stands charged with and indicted for a felony Mts~~And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, t-~.:f ~H-2£R;-Glcl'l~ ~"t'tM>ftid. 173rd ~!t, day of... ...J.anua.r.y................ , 19..49 ..., and in the :W,....... yea of THE SERVICE PRESS at the Court House, the .....l5.th �f J ~~ '.""-'< "'d () tx1 : ~ c-i ~ ~ - I~ t ' ! ~ ~i '. ("I I ~ ~ ,- }~ i~7g - ~ ., ~~ C: 1-1 :. ~. ! I :t ~ ~ ~ ~~: t ~ .~ ~~ ~ ~ ~ ... .... (~ .......... . s c-t- PJ co t.f>. -~ co PJ ,.-.J ~ vi•~ 0 t-'j co~ •• :::1 C-i PJ 0 t-3 ..__, ~ t'1 (() z tr:l PJ :::1 (l) 0 'O CJ) s:: o' en Cll (l) D c-t- ::r: ::s 1--'• tr:l t-➔ t:1 . ::r: < ~ ~ ::r: 1-3 t-➔ tr:l !l> ~ z 0 E::: ~ 0 0 Executed the within SU1J1.1:1ons at the office of Dr. ·F. L. Byers, in the Professional Building, s. Main st., Harrisonburg, in Rockingham cqunty, Virginia, the usual place of business of D~. F. L. Byers, by delivering a true copy thereof and giving information of its import to Elizabeth T. Green, the person found in charge of such place of business, this 15th day of January, 1949. · U~~•~r~ ,Dep. for ;:,am. C~enef; s.R.C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon .......Hugh .T......Fr.ey., ...N.elson County, Greeting: ...T.•...Ruffman, ...RQbert .D....... Li$.ke.Y.~...A.•.... J......... fi.t.z:w~t.~;r1'. ...E.,.....F..•.... E.9-T.l.Y.t. ..C.•....w...... E.wiug., ....~P4 ...P.., H. :Ii~;d;:~::~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: to appear before the Judge of the Circuit Court of Rockingham C01mty, at the Court House thereof, at 10 o'clock, a. m., on the ..1.7.tblay of ......J.an:uarY., say in behalf of the Defendant ................................................................. .............. 19..49 to testify and the truth to in the prosecution of the Commonwealth against....................................... . ll-ur.qJ who stands charged with and indicted for .. a e...:a.~n~.l.e.Y. .................................................................. . felony ~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ]. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ........l.l.th day of ...J.anuar.y ..,. ........ 19.49 .., and in the 1. ear the Com .... �liU.tWLE .l:iEm:iLEY / ADb. Chas. ) I0 Wit Spa A. Hammer, Jr. 1949 January C 6 17 �, ' I ~ ,./ "J )_/ ); __ if I'( ~, ~_,, - .,_,;--0 V .,-,- I / ""'\ c-~_,,,t.., £r ;// V ( ,,,,..-y l c..,I ��Commonwealth v. Hurdle Hensley This wealth, • of the day came again and the accused, sheriff Hammer, Jr., sworn for and having of this the trial heard of the moved the court the nitn o'clock. county of this and this and the said attorneys, jury introduced is adjourned the Charles impanelled A. and to adjournment, E~XXNRX~ll«X]{R~x~~xx thereupon, evidence the common- came in the custody came pursuant which motion case for Hensley, case commonwealth, to strike attorney and by his the evidence commonwealth, consider, Hurdle and Sam P. Conrad; on behalf for the the accused, offered court until by counsel, by the attorney takes tomorrow time to morning at �1 �Commonwealth v. Hurdle Hensley This day came again and the accused, sheriff of this Hurdle the attorney Hensley, county ~he trial came pursuant of this And the court case having made on yesterday half of the came in the custody and by his and Sam P. Conrad; jury considered attorneys, impanelled Charles A. Hamrner,Jr., xrixnxiNx of the accused the evidence doth overrule of the and sworn for the to adjournment, the motion :tk2x to strike commonwealth, for the commonwe&.lth, said offered motion on beand refuse to strike said evidence, to which &.ction of the court the accused, • the by counsel, excepted. And thereupon, XfflDC«a»xx~x~ evidence herein «aNXiJWeoccompleted, E2kxxxxaxxxmrxa««ax2oc was uxxoc, at the conclusion of which the said accused, by counsel, renewed his motion to strike the eviand his plea of res adjudicata, dence offered on behalf of the commonwealth,µhich motionLthe and plea court again overruled and to which the accused, by counsel, excepted--. And having and heard the argument room to consider their received the instructions of counsefhe verdict, 1/ jurors of the court were sent to their ��..... IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA COMMONWEALTH OF VIRGINIA v. HURDLEHENSLEY ComeE now the defendant plea of res and plea (1) d.. ~udicata, committed w. Hensley charging and charged that the Ccr-nelia e-:'oresaid, that day, the NAT. BK, BLOG, Hurldle jury in the following verdi~ts, defendant not guilty." That this petitioner petitioner FIRST Hensley the sai on Warrants w. Hensley did on trn cornmitt Hensley, a jury hsving a person in violation of That on the 11 impaneled ~hom in the two cases caE'e of Commonv,ealth of 1 :. Hensley, ?e, 11 returned the Jurors find the th: Lyle M. Armentrout, says that Cornella the charg2s V'l•. Hensley, if sny offense re11ire and the 1949 Cornelia Court "Jy law to marry, V. 'Jornel ia was one that HARRISONBURG, VIRGINIA with 1948 and on the 27th day of one, and of a necessity, ATTORNEY-AT-LAW in this Did unlawfully with and ggainst 204 Court Cornelia~,. 4543 of the Code of Virginia. Vlr,.tinia CHARLES A. HAMMER one, 11 she iE forbidden that with by jury said 1948, fornication (3) in this the 12th day of January, was tried November, heard eatoppe, 1948. 23rd day of November, date his IMJ.&lbattof codefendant, adultery on to-wit: Section this the 27th day and the 23rd day of November, That and files as follows: That he is indicted on to-wit: Hensley AC..8.v•I autrefoJis in bar and says having (2) Hurdle the said joint Cornelle been duly Foreman. against manifestly v,as committed act of both u. impaneled the Hensley, and having him �• J �heard the evidenc8 Commonwealth V. said Cornelia of the Common•ealth Cornelia '''. Henrley nom A bar against defendant for d ctments Cornelia this petitioner. W. Hensley. in the In the V. Cornelia '· o~ the returned BE jury a part large appe~rs; and effect facts which said that he, Hensley V. Cornelia T. Hensley are and acquitted the said Hurdle Hurdle Hensley Wherefore may be dismis_sed premises CHARLES A. HAMMER ATTORNEY-AT-LAW 204 FIRST NAT, BK. BLOG. HARRISONBURG, VIRGINIA in the and d Hurdle in said present to red more fully remain 1~ full avers one and the sqid of Commonwealth 11 by Cornelia t. of the charges; and this the and Hensley • and the -gelonies is now indicted force and the same person; Cornelia and at and in Hensley, warrants said t9 been committed was of which same acts Hensley, said to verify. defendant E is a copy of the ~erdicts the said in~ of Commonweqlth are le ready the thereof copies Hensley es aforesaid Hensley who was acquitted to this record-thereof of which the to having Attached and are asked the said arrested alleged and the with Hurdle to the chArges Hensley ju~gem:nts referred this of Commonr:er:.lth V. Cornella theraon as by the the same are contained as a pert together and ~he said says, Bur~le that 111• of found rhar~es copy of the narrants Heneley hereof case the againe identic8l and prAyed to be read of the warrants that proceedings egainst cases and having no+: guilty, further against petition 11';. Hensley thP alleged in the warran:;s in the charged indictment prays ':) the judgement, Court specified. here and that from the re �r �~ ~~-~P7 VIRGINIA, ~OF_~, I State 3.,,_;(/_~~ a Notary Public and ~✓roresaif. whose commission /~y -Hensley autrefois of n~, ~- whose name is acquit 0 , signed me in my said things &etforth do hereby in the foregoing my hand this~ has this plea expires certify to foregoing and estoP.pel, before Given under l9A in and for plea on the that res the Hurdle judicata day personally api:eared are -----d day of ...... CHARLES A. HAMMER ATTORNEY-AT-LAW 204 FIRST NAT. BK. BLDG. HARRISONBURG, VIRGINIA �l ( I l fa 1 �6 Arrest \Varrant The Commonwealth of Virginia,} T 't. • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, ---=G::...ce=-o=-=•--=~• --=C--=o=nr=---a.=--=:d,__.,---'C=-c-=-mm==-=o=-=n=-v,'-'-'l-=-e-=a=l=--t=h=--' ...:;s:__.=-=-·-t-=t-=o-=r-=n=e:::....,,,_y _____ of said County, has this day made complaint and information on oath before me, J • C• artz, Clerk T. of the said County, that __ on the Justice Court =C--=o=r'-=n=e=-1=1,_,,a"---• ..:...•-=H::...ce=--=n=s=-=1--=ec..y.__ _____________________ day of 27th of Trial J. or J. P. _ fovember forn1cation=-=1~th='---"0~11=e'---=cc....=..="--===---=-===-=c.....c.....L..L_=--~P~e=r~s~o~n=-~b~o~m-'----s~h~e -t_o_m_a_r_r~Y~,_i_n _________ pe1rne nnd dipnity e_c_t_i_o_n_4_5_4_3 of the Code of Virginia, of the Commom eo.lth These are therefore, in the name of the Commonwealth ___________________ ~.... i...,.rc..,!c""l....,__,n""'i'-"a....__ _____________ ag inst the _ of Virginia, to command you forthwith to apprehend and bring to answer the said complaint and to be further dealt with according to law. Given under my hand this __ 2~7_t..:...hc..__ __ _ Memo. of Commonwealth Name Witnesses: Address �Docl-rnt No. 2216 w. Copy for Cornelia Hensley ,., ~no n, ::, 0 JUDGEMENT Issued ,s • 1/12/49 Cl :;l::, :;:n, ::, Trial Justice Court C ::, 0.. n, ► ~ g__Q?:. ~.: g-5--~~ (/) 29th, 1948 Criminal Docket No. 3 -< A 2493 ::,- "0.. Upon the hearing of the within charge, the defendant is founo g gullty, and the Court suspends the imposition of sentence in this rRse en good behaviqr of the defendant for a period of one year. Given under my hand this 29th day of December, 1948. ::, Commonwealth { vs. ~~ n Q:I .., S,s "o..(ti -r.i,., 0:1 ,., .f-L-g ::, 0:1,., rt o..if::," inn.if --oer::, ~ ;;-8 :. ::re: §. f.l-< _Q_Qffitl rt ,., ~o 3 ~ 5· ? g (ll 8 (ll er (i) :, OQ -· 0.. ::,~ ;fn 0.. ., C O ,.. 0 C:: -< Executed the within warrant by arresting and delivering the body of :::::, ~(ti (1) !l) ::, __Q_Q_r ne 1 i a OQ 0:1 w. Hensle~, Q:I: Ii):::, CJ). n, j ' : l"'t-< 0.. ::,- -·rt: OQ C : ;;l§. 0 g..g-< r 2'.::i-o o nrt,., :--i before ':-4: .... $---··-·····--··········· Issuing Justice's Fee $...1....0.o______ _ Clerk's Fee - $...2__ •.0.0...._. Arrc:st and Mileage $....9..... 6..4. .._- Witness Attendance 0 day of 0:, ::.. () , 1948 . December B. L. Kiser, 3• 3· .;;· "' 5· Dep. ::, ... (1) $ ........ ! ..9.9 ....... ..... ~ $_______ 2_. 50 ... Jail Fees $......_,_______________ _ ______ $ ____________ ,......... . ...... - - - - $16..•_8..9. .....~~-~ a. fin ....7..2....,_ Miles travelled by officer ...3.6....... Miles carried prisoner Total mileage POBTFRP. GRAVES Trial Justice Plea Guilty 12-29-48 : ., -< . ....... ~~ i - 108 ....... 8 'S"o4 0.. " In 0 ... ... C 'O 0 ::, ..... ~ 0 ~ 0 n ?<" n 0 ::, g: 5· 5· OQ ::,- P. ., >-l 3 ::,() 3 : ::, ::,-., g. .;· n i'I'" ::, 3 "a O : "'-· li:: -·::, ::,- 0"'::, Officer's Mileage " < (1) " E "rtrt C li: ~. ~;:~~ and Mileage $ ____________________ _ ::,- 0.. () 9-:c.-o . "Og O\ ~ ~ 0.. ~ -<~~ta 0 ~ " 0 ;;· -< 5· g ::,::,.:::,,...,._ >-l -< C n· .?:. "' C .... .;· 0 0 (1) ~n > ::,- >-l n .... ::,!4 ~:,rt' o: :r: "' g. ., ::, '-' (1) 0.."' zCl OQ • to-· : o' .... (1) "(i) ~ () (1) er (1) ~-' £ Commonwealth's Attorney Total 29th this "I1 ;,<; ., 0..0..... 'O 'O g. ".... " :::;· ~ -o ... n -· :}n, 3 .... $.._}_ .. 25 ....... Trial Justice Fee Summoning Witness '.'Cl 0 < (1) ~;~ c-< g_~Q.' ';-' r " n, OQ 0 ;;· n 0.. ::,-5·....: 0 Fine - - - - - - ~;.~ ::, 3 0 0.. ::i-o..: ::, (1) (1) :r (1) 0:1 "'1: ~..., g 8 ~~:, r, -· z >-l -< 5- "0.. ., ::, rt (ti n I 3 ~·03. g_~ ::, ::, ;; >< C "' 3 s.:.g_,o -·-·(ti z 5- 5· (1) ~ ~ 0 0 :i3 Cl ..... (1) -· ~; g. "I1 < 0 C :::;· ~ 0 :::.. () (1) a'~ :,0 ::, ;;;· 0.. .?-3 ~ 3 ~ li: Arrest Warrant ► ;1 -< < ,s :::;· "n,::· °-3. ::, ::, ~~~ ::, li: n, >-l .... 5e. 0..... rt::, .... " -er",..... ::,-o.. December ::,- -< n, "' < n, n, ::, " o... -(ti ..... ;:;· 3 ::,3 rt 0 (fl 0 () ::,- 0 8 o..::i ~ ~ e-5· g -·n, C i'I'" 0 C ::, ... -< Ill rt ~ g. (1) 0.. ~ [ ~ ,s iii" 0.. OQ (1) 0.. 5(1) 3 l\: < ~ 5· 0.. (1) er rt (1) 0.. 8 " " "'8 55:. "' "' ., ::, :;a 0 n i'I'" 5· OQ ::,- " __3 r (fl :;; rt (1) 0 ..... Appeal noted nnj granted to Circuit court of Rockingham County, va. on .ram. 6, 1949. PORTEP R. GRAVF.~.JJ!. �6 Arrest Warrant The Commonwealth of Virginia,} T •r • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, Geo. D. Conrad, Connonwealth' s ttorney of said County, has this day on oath before me, •..._J ...___.,CLc•L__~SCEwL.<;a .... r_tJ.LLjz,._.,__.c ....1......... e_.._r_,...j{.__,OJ..,a_f,,_,,.T ..... r_i...,o ........ J___.JL.lu...,s.._..tc.i..,,c,.,e..__,.,C..,.o..,,u ...r._,,.t made complaint and information T. J. or J.P. of the said County, that_~C~o=r-n=e~l~i=a~~•~H~e~n=s~l~e...,y_____________________ on the 23rd fornication to sarry, peace and day of_~=o~e~=m=b~e=r___ ·ith one urdle in violation ignity , 19 48 Hensle of Section of tLe , in the said County, a person 4543 of tho did he is unla, fully forbidden Code of Virginia, commit by against law the Vil'ginia Co These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend before the Trial Justice of the said County, the body of the said __ ___________________ _ and bring ----=C~o~r~n=e~l=i=a=---'-'----"--•-=H=-.cec...cn-"-"-s-=lc.cec _____ _ to answer the said complaint and to be further dealt with according to law. Given under my hand this __ Memo. of Commonwealth Name ~2~7~t=h=----- Witnesses: Address �Docket No.2217 Copy for Cornelia Hensley W. JUDGEMENT Trial Justice Court 29th, December 1948 Criminal Docket NoA2492 Upon the hearing of the within charge, and upon a plea of ~uilty the defena~nt was found guilty and the Court suspends the imposition of sentence in this case on the gooc behavior of the defendant for a period of one year, Given under my hand this 29th day of December, 1948. Commonwealth vs. { Arrest Warrant Cornelia . Hensley Executed the within warrant by arresting and delivering the body of Cornelia w. Hensley before ___________ _ :-l .... 0 Fine - - $....................... . - - Issuing Justice's Fee $......1.....00.... Clerk's Fee $.......1..,..2..5 .... - Trial Justice Fee $....... 2 ...0.0... Arrest and Mileage $......J ..~..o.o ... Summoning Witness Witness Attendance o' '1 Q this ____ 2_9_t_h ____ day of O:l " () 0 --~D~e .......... c...... e..... ro .... b..., .... e..... r----' 19.4.B-. 3: 3· oo·: "' 5· B. :, C, '1 $ ....................... . ...... \0 and Mileage $..................... . Commonwealth's Attorney $....... 2..•.. 5.0... Jail Fees $....................... . ______ $ ...................... . Total ., :, a.. - - - - $....... 'L ..7.5... PORTEPR. GRA.VFS Trial Justice Officer's Mileage Miles travelled by officer Miles carried prisoner ••••••••••••••••• Total mileage Appeal Circuit noted and gr3nted to the Porter Court of Rockingham County, Vf3. on Jan. 6 , 1949 • Plea Guilty 12-29-48 -----------6 Grayes T.J. �We, the jurors find the defendant not guilty. Lyle M. Armentrout, ~oreman #2 Tie, th~ jurors find the defendant not guilty. Lyle M. Armentrout, Foreman ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: a.. $.?...~........B.ak.e.r................................................................ . You arifttereby commanded to summon .. L ..... to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at~'clock, pm., on the ......9.th day of... M1;1,.:r.oh .................................................................19...1'.~., to testify and the truth to say in behalf of the Commonwealth against ........................................................ . ····················••·················Hurdl·e····H-ens·le·y······················· ···································· ······························ who stands charged with and indicted for a felony rm~~ And this v.ou shall not omit under . Ge.or.£:e.__D.. _CJIDf Witness, J~SI\V-l--7'~, enalty of £100. And have then and there this Writ. CoJlllllonyrn_al th day of.......... a:ch ....................... , 19.4.9.... , and in the THE SERVICE PRESS I s At to:rney Bth • ot our said Court, at the Court House, the ....................... . 173rd �'Z <I 0 :;,: tt:: H r l ... �In the Name of the Commonwealth of Virginia.:~ergean t o f C.i t yo f Nor f o lk , To the Stfttrifr ef-ifflcld:ugh.mrem.tnt,, Greeting: You are hereby commanded to summon .......'.r.PIU{f~B.....GJJ.$..'r.E.fl ...................................................................... . 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 .... 9th day of.................. Ma.rc.h. ...................................................... 19...4.9., ✓ to testify and the truth to say in behalf of the Commonwealth against. ..HURDLE...HENSLEY .. who stands charged with and indicted for a felony IM@deffl@~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,-:J. R:8BER:'F 5Vv9.':f2:ER-,-ei~kt,f-otn, mrid-8ourt; at the Court House, the ...2.8..t.b. .. day of .......F~.9..:r.Y:~I'.Y..........., 19'19....., and in the THE SERVICE PRESS , 3rd of ....e �S' ,~- -- - - ~~ I - Cl> ;J -.. -ao - .... I: 0> g ,.., -~ I rt.. I I t , I~ ~t.t.~ c:, '< s = s· ,-,. ;!\ ~ - ~ ru r:-_...r--. r ~-:;:} o : o, -., ,... : - ' ' I r• : ;.- Ci) 0 =1i n : ~:. t~ ~ ,y. • • -t ''' : (1' .::i. ~ 'r "' 0 ;- _,. .' ~ I r =~ l' I ,r I .. ....,. .,:r- -.:. .!: - =- II' I f �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .......G....... OY..e.r.t.OP-. ...L~.!;}.,. ....D.:r.L.-1~' ..•.L ....... By.e.r.~ ......... . ·············································~~~ •••••••• ····••················ ··················••···· 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.th ....day of.........Ma.r..c.h....................................................................... 19....49, to testify and the truth to say in behalf of the Commonwealth against..HURDLE ....HEN.SLEY.. . who stands charged with and indicted for a felony tftisoe~@a08r. And this you shall not omit under penalty of £100. And have then and there this Writ. Wit~ess,-,. ~~J;Pt,J: eWt'~~~.~kePoOl:lf' ~~Pl' day of ........... M.a.r..c.h................. , 19....49 , and in the ~J.~_!_'..ye THE SERVICE PRESS at the Court House, the ...ls.t .... �co"• V. .. ) Witness Subpoena HURDLEHENSLEY . To March 9, 1949 9: 30 a.m. at I t"'~ .. -l CJ IX .bJ~•W - ----{/ ,- - 0 ~ I I Z ~ 't> 0 C w~ I z t-<l 1 ~ ~ -• k~ PJ· T~J?~~-R.~ ...-~-• �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ......... B~.P...l~.1::l. ....::,._tt:i,J.fl~.t;_:t., .....;L.JD:!!.9.g4. ...AJ8.~.~., ... ...................................................... J;P..9: ... JoE:}....R9.El..Cl.QEi:P ............................................................................ . 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.th. ..day of.................. ......J,'l.g.g.1.1. ..................................... ...19J.~ ... , to testify and the truth to say in behalf of the Commonwealth against.. ..HURDLE ...HENS..LEY ... who stands charged with and indicted for a felony iil.HlQ~ITM. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, M t.·R:OBEtl"f-SWl'f"!:flt;-ererl..--m oanltirt 'O:>nff,at the Court h 173rd day of... ............... ~.~····················• 19 49 ........., and in the -+6'... . ..year THE SERVICE PRESS House, the .....ls..t ......... f1:Iie C mmonwealth. �COM. V. ) Witness Subpoena HURDLE HENSLEY (lj To March 9, 9:30 1949 a.m. at �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ..........W.J..lll@ ...B.l.J;!.¥;~.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.9.t.h .. day of................. M.a.,rq.h......................................................... 19...4.9 , to testify and the truth to say in behalf of the Commonwealth against ...HIJRDLE...HENSLEY .... who stands charged with and indicted for a felony £Roi.sd€m@ans"' And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,~~BER:'F 5WfEcffi; €-ierk day of.. ................. M.ar.ch .......... , 1949 THE SERVICE PRESS 6P-CmT' smd-C-el'lft't; at the Court House, the .......7..t.h 73rd �V. ) Witness Subpoena HURDLEHENSLEY To March 9, 1949 9:30 at a.m. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ......W~J..t..O.P.. ...T.ali.af.er.r..o ..... and .................................... Tali..af.er.r..o. ....Mr.s....... .W.alt.on .................. ............................................................ . to appear before the Ju,dge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the .....9.th ..day of.. ......................Mar.ch ............................................. 19..4.9 .. , to testify and the truth to say in behalf of the Commonwealth against ....HURDLE ....HENSLEY .. who stands charged with and indicted for a felony ~i.;Qeme:1.Q.OI'. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, f:RE)BER,-SWff't'..£R;-€lett"'Ot Ottr-sft'ie.~l!lM, at the Court House, the .........7.th .... 173rd day of.......Mar.ch....................... , 19.49 ... , and in the .+6!... THE SERVICE PRESS ear �COM. V. ) Witness Subpoena ... HURDLEHENSLEY To March 9, 1949 at 9: 30 a.m. ... .... �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........C..ORNE.L.IA ....H.ENS..LEY., .....G:LEN ....HE.NS..L.EY. 1 ...... . .................. . ......... SHERIFF....CALLENDER. ...AND.B .....L .•...KIS.ER................................................ . 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.th day of.....................Mar.ch ........................................................... 19....49., to testify and the truth to say in behalf of the Commonwealth who stands charged with and indicted for a felony against ..HURDLE. ..HEMSLE.'Y.... "l'm~ffl~l't And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,➔ ~BEFF S'WH~ €-i-erkof-onr~-mttt;' day of .......Mar.QA. .................... , 194.9......, and in the at the Court House, the ...l.s.t .......... 3rd THE SERVICE PR.ESS j �COM. V. Witness Subpoena HURDLEHENSLEY To March· 9, 1949 at 9: 30 a.m. .J �Commonwealth vs. On an indictment Hurdle for a felony Hensley This day came the attorney accused, his Hurdle Hensley, attorneys, thereupon, came pursuant his plea was granted withdrawn. by counsel, of·not by the court, And the said "#~ judicata) murred .J.- ~'~?"Y er~ ~in ~:ng for and moved the court to strike said said plea~the { and by And for leave which was accordingly thereupon, plea with of res ad- {/~-, attorney to strike plea his to which plea3the and motion entered, by counsel, ..--<.A'\-, recognizance moved the c·ourt and said ~~led and the and Sam P. Conrad. heretofore accused, ~~}ri!:c,?"~~ento~,;,f1J!J-:rt, r:J.i,t.- guilty the commonwealth, to his A. Hammer, Jr., the defendant, to withdraw motion Charles for court ~ < the commonwealth deplea~ which demurrer f sus~ained, ., cl~..? c.. /4 and said "' 1-WAa.p.,.•~· .,., ple, accordingly stri~enV'And thereupon, said Hurdle Hensley, by counsel, moved the co'urf to-re-instate his plea of not guilty, and the court ordered that he be re-arraigned, and being re-arraigned ~~m~xze*axxx±g:M~«xorNxfiExbt:OC±oc±mlm:x charge set out in the in- on the dictment again herein, pleaded ~tezE~xxx~xHxx~£XN~txgK±Xt~x not guilty And thereupon, in abatement the grand jury and motion against said accused thereto. said in person and again accused,/by counsel/filed to quash the llXEE indictmentj him, ~!ixlilaxmgxin this his plea returned by case,~ ~ , the couryteing of opinion that the defendant, Hurdle ~ ��Hensley --2-- Hensley, law, has not carried upon the plea the burden imposed upon him by of abatement and motion .fkF xri:w:finuta:m:x,:x The c~efendant, by counsel, the mrlmx action of the court abatement, and motion.) to uash, the same is overruled.,I excepts \ \ to excepts in overruling said e refusal o to in him to e indict on beha f of the d fendant cas s t e suf fici plea ,. he members n these to cy <Jithe idence ents s to p oduced /----~~~......,..._-..,.,. ·---f--- by counsel, he eto on t m mbers of the moved th t the cour voir d re as t in th t ey haver c se hereto ore tried o t overru t e comment overruli unsel, excepted. g said motion ed, t e ��Hensley --3-- And from persons summoned by the sheriff under writs of kt.fL.;~t venire facias, qualified taining twenty and free perJ'ons from exception. the names of said attorney for alternately twelve, George W. Miller, F. P. Brunk, and Carl the jury, And on motion that all spectators was handed accused Matheny, J. to the selected were sworn to well case. the Raymond Weaver, J. K. Koontz, Weldon W. Flory, as aforesaid and truly try to the commonwealth and the prisoner verdict render of the attorney of the witnesses according for from the the commonwealth, Thereupon, the jury, court having xrurxgENXE~ the court and having heard were adjourned until tomorrow morning de- at the to the law and the evidence, summoned to testify be excluded con- and true it herein room during is ordered and all the trial received this con- who each W. Spencer, E. F. Showalter, B. Lively, make between bar and a true M: the a list the names of fou~ persons, Olin S. Senger, C. V. Bert, liverance persons Arthur namely: Ralph Crist, sti tute twenty therefrom found duly Whereupon, the commonwealth and struck remaining were examined~and of the charge of XE«E±XENxxux~kxxgEXXEEENxx a portion of the evidence, at ten o'clock. �sP �INSTRUCTIONNO. The Court intercourse stitutes between adultery. if you believe the accused, November, Hensley, indictment. from Hurdle 1948, then instructs the a married man and an unmarried The Court further instructs the Hensley, committed you evidence shall jury beyond on or adultery f nd him that about with guilty, the act of woman con-. the jury a reasonable the his as sexual 27th doubt day daughter, charged that that of Cornelia in the �e j �INSTRUCTIONNO. The Court crime may be convicted upon the Instructs circu.~stantial jury alleged beyond that the against instructs convict the the jury circumstantial jury from defendant in defendant upon evidence in such so charged the indictment; this case upon circumstantial evidence circumstantial connected to have with been that other proved that coupled one charged evidence connected a reasonable person him jury circumstantial evidence believe evidence, upon the with doubt is alone, other from guilty have such of other the court the right alone, evidence, or from such evidence, believe the reasonable circumstantial crime evidence beyond if the evidence with or evidence, therefore, they with to or if the circumstantial guilt doubt. of the ��INSTRUCTION NO. upon the The Court instructs Commonwealth to reasonable doubt of charged against for Commonwealth the absolute more certainty than accused satisfy is guilty ~ the prove an offense the accused, to or beyond the jury thereof all that the accused and every does establish jury the burden guilty beyond material mean that it the guilt of the that upon beyond all the is reasonable thereof, necessary accused of m stake evidence all element not possibility resting as doubt. or a whole to an to do the �[ .( �INSTRUCTIONNO. The Court to h.e given they to are the the the parties, if determine relative same ~ of any the different while such determ temper, feeling ng; their intelligence or lack testimony, appearing of and to give if in any has candor intelligence; from credit any, apparent of case, tnesses if or bias, weight this thew interest, testify worthy the in of their more ning vii tnesses proved; circumstances are in the·relationship their wh ch witnesses weight that, is apparent surrounding jury consider demenaor their all the of trial; their and fairness; and from to of the shown; the testimony authorized result been instructs _d__ the tr and what credit al, is the accordingly. ��__j]__ INSTRUCTIONNO. The Court made the instructs contradictory veracity ments the of statements of and Mrs. Taliaferro would not solely evidence is witness, and that Hensley for the against that for against witnesses Callender, as against proof at of prior the purpose the to what the evidence purpose not give that alone such accused. Kiser, was told them prisoner. inconsistent impeachment accused. the the preliminary of the does of evidence be evidence instructed Cornelia the jury statements the effect the hearing and a witness of impeaching contrary Therefore, the bkE~ and Mr. Byer~, by Cornelia The jury Hensley is statements in cannot this state- further made by case is be considered admissible as �... �E INSTRUCTION NO. The Court made the ments instructs contradictory veracity the of effect the of of and Mrs. Taliaferro be evidence jury statements statements not the the is that for the witness, and does evidence against witnesses as against to the not the Callender, what the was prisoner. evidence purpose give alone such accused. Kiser, told that them a witness of impeaching contrary Therefore Custer, by Glen statethe ~ BakerAand Hensley Mr. would �-------------------~--------------------------------------------------.,,,.---~-~-- ., r , L ( �INSTRUCTIONNO. The Court instructs and to testify innocence, to consider. creates his failure the jury that the failure no presumption against to testify The jury is further h of the accused to take the stand him and in considering is not a circumstance instructed his guilt or which the jury is entitled that by his plea of not guilty, accused Qenies each and every element of the charge against him. the �f �INSTRUCTION NO. ,L/ The Court instructs the jury that crime to be innocent until reasonable entire legal doubt and this case and applies presumption his guilt to every stage thereof of innocence. and where circumstantial opportunity, reasonable is established by the Commonwealth beyond a presumption of innocence goes with the prisoner evidence upon w,ich to convict, caution the law presumes every person charged with a Mere suspicion, evidence party. doubtful no matter and circumstantial motive, ~nd conduct must all doubt as the guilty and in all is relied through the cases there is a how strong, is not sufficient evidence must be scanned with great upon the time, place, concur in pointing means, out the accused beyond ��_L(_ INSTRUCTIONNO. Before from the beyond should innocence. but jury evidence indictment they the can that he is all reasonable believe his No degree the evidence must a moral certainty of able doubt. convict guilt the guilty the of of the doubt. probable of probabil be accused such prisoner's ty they offence It is only, merely be in sufficient that probable w 11 authorize and to the satisfied as charged or more a character guilt, not must tendency exclusion than the his a conviction as to produce of reason- ��INSTRUCTIONNO. L The Court ntantial instructs ev dence and vigilance where, of cumstances to with other the of several some finite probability in amount to Therefore, in this whole with true, of his of that the ev dence, his althou~h gu lt it are be favor is is they any may appear greater than case, is the the true, or urobab may believe, a strong in probabil the other from the the the probabilities mere cir- it establishes only evidence may be. the that evidence the accused if hypothesis guilty, that some actual leaves still, accused evidence invests lity ty prove, the such from indictment, reasonable find is evidence one hypothesis, great to it which caution nsufficient tends for circum- utmost always true, is of the evidence Where of jury cannot the application hypothesis hypotheses charged there innocence, may still the there offense the however althouhh case, guilty proof, which of truth. which the evidence reasonable force in of Such be true hypothesis every that rettermination indifferent cannot jury be used. all reasonable exclusion the should assuming other to the the of his upon is the consistent and this probabilities innocence. s �I j ., f' ~ �.,,,--INSTRUCTION The Court evidence in this case have taken alleged to Turner Custer the story or statement instructs had which she made sidered by the Hensley and the jury cannot the Cornela place and and subsequently to Custer solely , h- that if jury that time NO. Hensley the be considered time told the as to believe between she opportunity and as for they made and, Custer, testified purpose evidence ,~~ to from the the the time the complaint n fact, that did then act to plan that story by him may be con- of impeach_ng against the Cornelia accused. s �\ �INSTRUCTION NO. AThe Court instructs Sheriff Kiser, the jury that Turner Custer, the evidence of Sheriff Mr. Baker, Mr. and Mrs."IaliaferTo, Callender, Deputy and the stipulation as to what would have been the evidence of C. Overton Lee if he had been called the stand can be considered testimony against 1 by the jury only for the purposes of impeaching the of Cornelia Hensley and Glenn Hensley and cannot be considered the accused on the charge against him set forth to in the indictment. as evidence ��INSTRUCTION NO. The Court instructs Sheriff Kiser, the jury that the evidence of Sheriff Mr. Baker, Mr. and Mrs. Taliaferr,o, Callender, and the stipulation would have been the evidence of C. Overton Lee if he had been called can be considered Cornelia the accused on the charge against him set forth to the stand • ~~c~ as evidence against in the inrictment. 1-~--'--"--' ~ ~~~;Z_J/k) ' ~ as to what by the jury only for the purposes of impeaching the testimony Hensley and Glenn Hensley and cannot be considered \ Deputy ~r I of ��INSTRUCTION NO. ----- The Court instructs jury cannot consider witness, evidence as proof of the facts the jury that of contradictory that falsely, from such false leged in the indictme t against statements aJ.leged in the indictment, even though they believe a ssume or infer under the law of Virginia, one or more witnesses testimony, the defendant, made by a nor may the jury, may have testified that the charge al- is true. the �,/ ,j �COPY n;smucno 1 NO. HARRISONBURG, C- / Th8-1~:H"'1H:nsu-mrt-s--t-lre-~~_t,;ba;~mG~!...t.he.~aw contradictory ~- ""'Mi~~ffl""~~~..+-.:r--:i·;i:1:eged evan thouch falsely, they b cli€.vo that 0.10 against of Vire:inia, cmm·...., mnde hy in the indictment,lnor er mar~ .n.t.ncu,es a ssume or inf er from such false leged in the indictmont VA. the defendant, iJ d m.~y the m:zy h.'.l.ve tentified testil'."lony, that 1,rue. the the charge al- jury_, �AV ,.>P.UBJ.1'10215'1 s:I M 3..ls:IAH::> �+ ��,,-;--- INSTRUCTION NO.,;; ____ _ The Court instructs upon circumstantial determining the jury that to establish evidence his guilt in this case the Commonwealth relies the guilt of the accused, wholly and therefore or innocence the jury must be governed by the following in rules of law, which are binding upon you in the case: 1. It is essential defendant's guilt that all the circumstances rawn by the jury shall is to be the Commonwealth is bound to prove every single the conclusion of guilt, issue had rested 2. J. circumstance and circumstances, It is also essential of the guilt that and essential when established the circumstances and inconclusive compared with some definite probability of his innocence, mere circumstances leaves with the force it indifferent some finite probability of the accused shall of his guilt. hypotheses however great that must be rather to a moral certainty as proof may still which invests the evidence or merely establishes than another, the probability the circumstances no where, assuming some other hypothesis is true, nature whether the precise Whenever, therefore, in favor of one hypothesis 4. It is likewise essential proof, of the accused, of every other hypothesis of proof. which of several evidence cannot amount to proof, guilt tends to prove, exclusion as if the whole when it raises Such evidence is always insufficient for it is the actual to should be of a conclusive in favor of the guilt be true; and circumstance. by full probability to be proved which the evidence proof, of the accused. Evidence is always indefinite can or cannot be ascertained. of which is essential more than a mere or limited all by full in the same manner and to the same extent with the hypothesis and tendency. be established upon the proof of each individual All the facts consistent from which the conclusion relied such may be. upon to prove the exclude every hypothesis but that ��of the wit ',..(-d<lf¥L. ~ •.qrh fn oerson TO.,., t. I , ,___ ;:J. /i~ /~ s~ --- ,&~fo ;o1.ecJ!L,dut.s.£.e. ����Not finding F. of 16 years at by posting and the front door P. Brunk nor any member of his family above the age his usual place of abode, executed March 10, 1949, leaving posted a true co~y of the within_ summons on of the said F. P. Brunk's usual place of abode. for Sam H. Callender, , ·s::ir:h fn ~------~ ne,..._(11 S. R. C. ��<1P 11ve-1 of the within -~_: surnmon to.--~_,;•;~£-· 7g "' true caJ.,• _.cBc~........, ft' '..-<..~~d..Z..Q~~~!:::=~of~--- ·-~ .a~ J~ .P-ar?o.ri~ ()JJ,,:vf (£. 79/4.a /4 ~~-.,, -f~#,~~/4--f./P4- (bj.~a/4Z-~~/4?1 ~/3~~ :l-/o- £(Pu£, _,,J (iJ-tA,,r_ ~9 7Plt-4du hfo/, ~J'I,A5~ cl,_;,_/ ff,-0 • ----~ ��' J - ~· ;., ~ Ll U ~ . ; "" '-,..,J 0 i .il l.l.t '>-i ~ (.> 0 E-1 ��-In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ....a.µg.n. ....'r ~ ...frt:!.Y.,...~~i.~.9.P,...'l'.~...Hµf.f.m§..P., ...B9.:Pert .D....... Li~.key,. ...A.•.... J..•.... F..i.tz;~w.at.e.r.,. ...E.P....F .•.... ~.a.rly., ....C..•....W.•...Ewing., ...P.~.:.H.P. .. .a.~rqy;:...Ar..th~ Ma..tJ1.em.y, ....Ra..YJP.9P.9: .. .W.~~Y.~.r.., ....0.~.9.. .W."!... MJJJ,~r., ... .O.:iJ;q. ..s . .S.e.nge.r.,...J..•....W.•.... S.p_e.nc.er., ....J......K......K9ont.z.,...Ralpb. ...C.r.i.s.t.,-...C....... V.11t ...B.ert, .~.!' .... ... "! ... F.."!....q.QQW.~l.:t.~.r., ...W.~lA9.A ...W."!...F..l.o.;r.y, ....f..~...f.!' .... a.i-.~, ....~P:A...C~.r.l....B..!'...... ---, .~.tv.~lY,.....:............................................. :...................................................................................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the.:1,:1.,:(:;A,Jay ?f-......... M~:r;c::µ, say in behalf of the Defendant ................................ ................. ....... 19..49.to testify and the truth to in the prosecution of the Commonwealth against....................................... . ij~~J:..~ .. J~.~.:q._~Jf?.Y ................................................................................. . who stands charged with and indicted for a felony ~ 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 ..........lm.th .. day of llarch., 19 49 , =d m th, 173,,';Jf .t:::;;,~ • CIMk �1) ,eft HURDLE HENSLEY ADS. ) Wit Spa co. Chas. A. Hammer} Sam P. Conrad ) 1949 March 11 p.q. �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, GeorgeD. Conrad, CommonweaJ th I s Attorney J. C • Swartz, made complaint and information on oath before me, of said County, has this day CJ erk of Tri al T. J. or J.P. Justice Court of the said County, that_~H-ur~~d-l~e~H~e~n-s~l-e"'-,J-y _________________________ on the 27th day of feloniousl eighteen, eace November commit adulter in vioJation his of Secti~n of the and di with , 19 48 , in the said County, daughter, 4543 _ of the Cornelia did unlawfully w. Hensley, Code of Virginia, and age against the Commonwealth 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_--=-H"---u'-"rC.......C..d'-"'l'-e~H=-e_n_s--'l"-e_y.,__ __________ _ ___________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this -=2--=-9--'t'-h ___ _ Memo. of Commonwealth Witnesses: Name Address --------------------------- �STATE OF VIRGINIA-COUNTY OF ROCKINGHAM, TO-WIT: and for the County of Rockingham, State of and .................................. . his suret Commonwealth .............. , have this day acknowledged which they severally waived their exemption, themselves indebted to the ......... dollars of Virginia in the sum oL ..... ) as to to be made and levied of their goods and chattels, yet upon this condition: That the said ap~ear before the Trial Justice Court of Rockingham County at 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. , 19 day Given under my hand this, T. j. or j. P. ur B::dl Commissioner -..... .... ell \ .... 0 .... .... ell ~ .... .... ::, 0 0 u C\l u ·p ~ ::, ,......, ~ cii ·-.... 0 d ~ '-y--' u 0 ...c: .... Q) cii Q) cii f:-< Cl) -< Q) V) Q) rl Q) z.... Q) >,1 <J'} 0 C: ·s ·;::: u ~ rl rd .,; :> C: 0 8 ~ ~ 0\ "d ~ c: "O ell 0 ~ .... .... .... < ~ ::tr ...... "' ...D 0 ell t') ~ >- >--..... .... >- C: c-- 0 ~ ~ ::c: E 0 u t:: ...0 ell ~ tlJ) QJ ~ .a~ u QJ .:.::: \:E 0 Q) I "O "d ell U 00 ~ .a J:.l.l ~ Q) .... >- 0 V) ...D "O ~ Q) ...c .... "O ;, Q) I a:; ·;::: 0. "d Q) ·;::: :> .... ell .... .... Q) .... V) ...c 0 <.;:. ~ C: 0 V) .... :> .... \:E ~ Q) C: u i ...c: c:: ·-.... ·-.... ~ ·- I ~' .... Q) ell ...c: QJ I '-a Q) V) ~ ~ ~ ..., u "' V) ~ ~ Q) tlJ) 1 '§ l~\~ +> QJ~ filQ) Q) .-l rd .Q .... .0 +l d tlJ) ......0 ~ z ~ ...c: .q +> .... ~ +> u· ·-~ 0. 0 ::J I-) ~ S::: 0 QJ~Q)..-◄ ~ C) - Q) -5 S-1rd ~ 0 d ell ,Sa1Q)fH c:.OfHO ~ "' • '+-1.,-t OQ) tlJ) .8 .0 Q) ~aj QJ Q) fH ...c: .... .Q +l C: 8..'O ;:) Q) Cl) ::I ~ C\l: td. .; rll tA- d aj ~ Q) tlJ) Q) ~ ~1:l Q) -~ rd rl rd Q) .Q JJj V) ~ t-;> ~ C) aj ti.I ..... .......... ~ µ.. d S-1 >,• ::I~ td. d d C\l 0 Q) 0) 'O i ~ ~ ...c:S-1 o ~ OJ ::, QJ ,......, µ.. ~ Q) C: ti; ·-::, ~"' ,.I& .... ......u "' V) Q) - ell ~ i "d C: -~ .... V) ::, ,......, ell I' 1' - 3.... .... '"' f:-< -< 8 ::, I tA- coj -;Y¼- i ell u C: V) ell V) '"d QJ C: s QJ ~ V) '"d ~ C: .... Q) Q) .... -~ V) ::, ,......, ell ~ tlJ) U) ., ~ ell ~ V) C\l! 00 Q) ·a tA- I.O! ~ QJ V) C: C\l ! tl')- "' C: .... .... 80 1) I! o! lO ! .: cii Q) \ ~ C: >0 Q) V) Q) 8 C: ~ 8 ti ot: ·; ~~ u-< - ,......, - ell .... ~ �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA COMMONWEALTH v. CHARGETO JURY HURDLEHENSLEY If of you i for his exceeding hundred or, of not in twelve dollars If no more. your accused, 1-1I .f' in punishment a period years, the a~ cbarged •; and fix find W ~ T l'f JI\ i> ., '- Tii'Jtt/ the Hurdle ?;:>,,.; V (# t,I)" e, indictment, by confinement less than discretion, months one year Hensley, you will in the nor not say so penitentiary more by confinement and by a fine guilty than in ten jail exceeding not five ($500.00). you find him not guilty, you will say so and �" ·~ .. -·• ... Com v. Hurdle Hensley Charge to the Jury r. ., / -·· �.Ji~J);/41 VIRGINIA: IN THECIRCUITCOURT OF ROCKINGHAM COUNTY COMMONWEALTH OF VIRGINIA vs. HURDLE HENSLEY 7 Comes now the defendant, Hurdle Hensley, moves the Court to set aside the verdict of March, 1949, findine Cornelia Hensley, and fixing upon the following (1) this this guilty with his daughter, his punishment at five years in the penitentiary the motion of said defendant on the grounds of autrtfa:rS That the Court erred in the admission the Commonwealth and objected (3) (4) That when the stipulation wealth concerning of co-defendant; of certain evidence of certain questions and the Commonwealth's witnesses Overton Lee, if called acquital that o.:ffered by to by the defendant; That the Court erred in the exclusion witnesses on the 14th d~y of adultery That the Court erred in overruling (2) hearing, of the jury returned grounds to-wit: charge be dismissed Court's defendant in person and by counsel and by the defendant; was admitted as to what the evidence of C. to the stand to testify the statements asked the as a witness made by Cornelia the Court erred in refusing to instruct for the Common- Hensley at the preliminary the jury as requested by the , defendant; that such evidence was admisstble peaching Cornelia Hensley and was not admissible cused and in admitting (.5) witness such evidence as general That the Court erred in admitting called refusing solely on behalf to instruct for the purpose of im- as evidence against evidence; the evidence of the Commonwealth, as part the jury that the ac- of Turner Custer, of the res gestae such evidence was admissible purpose of impeachment and should not be considered solely as evidence against a and in for the the ac- cused; (6) That the Court erred in refusing fendant to strike to sustain the evidence at the conclusion the motion of the de- of the Commomvealth1 s evidence in chief; (7) That the Court erred in refusing fendant to strike CHARLES A. HAMMER ATTORNEY-AT-LAW 204 FIRST NAT. HARRISONBURG, BK, 8LDG. VIRGINIA to sustain the evidence again made after the defense had rested, and after the rebuttal the motion of the de- the Commonwealth had rested, evidence haa been introduced. �"l C. • �(8) That the Court erred in the granting by the Cornmornrealth and objected (9) tendered further the verdict without and that, has beenm sufficient in particular, there sufficient instructions of the to the law and evidence to support same, proof of corpus delicti case. the Commonwealth to prove statements which statements related after likewise rested to declare a mistrial made by the witness to other acts That the Court erred evidence, to quash the venire summoned to try on the 8th day of March, 1948. That the Court erred in refusing and not to act and in allowing Cornelia Hensley, charged in the indictment in allowing the Connnonwealth to introduce the Commonwealth had rested his case without introducing CHARLES A. HAMMER ATTORNEY-AT-LAW BK. certain of the jury was contrary to the evidence and is plainly the case of your ptitioner NAT, to grant moves the Court to set aside the verdict That the Court erred in it"lf"s refusal FIRST offered by the defendant. jury on the grounds that in this instructions to by the defendant. That the Court erred in refusing The defendant 204 of certain BLOG. HARRISONBURG, VIRGINIA -2- rebuttal it""s case and the defenda..~t had any evidence on his behalf. ��,., Wednesday. Com Hurdle Hensley V This day came the attorney accused, this Hurdle Hensley, county, for the commonwealth, was brought and came also by his into court attorneys, and the by the sheriff Charles of A. Hammer, Jr., and Sam P. Conrad. And thereupon, to quash the venire of the order spread the defendant, now in attendance, upon the minutes) moved the court upon the ground that (whieh at this of yesterday shovm for drawing by counsel, time has not been actually does not show that more than twenty-four the draft good cause has been names, as is ax~XJO.miexx&KKXX ~Lfr7b provided court, under Sectio E~xi1m of its own motion, does not correctly court twenty state venire facias thirty-four thirty the ruling issue jurors of whom shall 1949, ·for the trial when actually the court "It from exception that spread selected be obtained by Section by the court case are of twenty selected free that it of the a panel of if only twenty-four it is ordered are that from the regular a will jury list, on the 9th day of March, ..." upon the minutes, because 4896 of the Code for be summoned to appear of this And the the ruling to the court from the list, as provided a panel if only twenty-four cannot of the order of the court, appearing selected ~XKKR~XMKlll«RXllKKiXKx Code of Virginia. amended the draft being as follows: free 489~the And said show that from exception from the list, it "it drafted order, appearing cannot is ordered to be obtained that ��Hurdle 3/9/49 a venire facias' thirty-four thirty 1949, Page 2. Hensley issue jurors as provided selected of whom shall for the trial to quash and the order of this venire defendant, on the the various S. R. C., when in truth support of said motion of opinion said by counsel, that motion, facias issued has been shown", the court overruled, again that moved the court the return of the to sheriff were summoned by Sam H. Callender, said persons and offered were in most in- to call the record; return the sheriff whereupon, of the sheriff to which action of the court persons being case summoned by the sheriff on yesterday pursuant were examined were found to be duly of this moved the in the court is concmusive, the defendaab, excepted. twenty-one after ground and to avouch the said again thereto. by counsel, deputies, And from persons venire by counsel, excepted and in fact summoned by his list, ·" which motion further jury on the 9th day of March, no "good cause veniremen stances overruled because by counsel, shows that being •• does not so recite; And said said case 4896 of the Code for from the regular the defendant, the venire and the defendant, quash by the court be summoned to appear And thereupon, court by Section examined qualified by the court and free by the court, and from further to order having attendance under a writ of the court, and twenty from exception, been excused upon this of thereof W. D. M ddox, from the trial term because of �C ... • �Hurdle 3/9/49 deafness; and a list persons was handed for the accused, four persons, Coffman, O. Cooley, twelge containing to the attorney the remaining Chas. selected and truly all during evidence, o'clock. being, the trial Geo. A. Bowers, M. W. Crowe; Orville and Glen H. Emswiler. as aforesaid try and true this case Whereupon, to constitute deliverance case. is adjourned And having until were make between the Whereupon, be excluded the said the jury, at the bar and a true and spectators of this the names of K. B. Menefee, to the law and the evidence. witnesses therefrom H. Bowman, L. P. Fitzwater, ~ thet struck Herman A. Scott, commonwealth and the prisoner according for the commonwealth and to counsel twelve Roy L. Coffman, persons, twenty namely: F. H. Harrison, sworn to well the names of the remaining who each alternately John G. Heatwole, Allen Page 3. Hensley verdict the court from the court heard a portion tomorrow morning render ordered room of the at ten ��Thursday 3/10/49. Com Hurdle Hensley V This day came again and the accused, the sheriff Charles panelled of this o'clock. Hensley, of this and h&ving heard a further until into court by by his attorneys, and Sam P. Conrad; and sworn for the trial were adjourned for the commonwealth was brought county and came also A. Hammer, Jr., to ad~ournment; evidence, Hurdle the attorney and the jury im- case came pursuant portion of the tomorrow morning at ten ��3/10/49. In Re: Thursday Cornelia Hensley. It appearing that Commonwealth vs. Hurdle Cornelia Hensley, commonwealth, in the trial Hensley a witness the court, it after having is ORDEREDthat the jail of this in an effort of this court county to allow for been directed the said Cornelia until said in refusing for a felony, summoned on behalf to answer pounded to her by the attorney day of the case of on an indictment duly has refused this certain questions pro- the commonwealth and by by the court Hensley so to do, be committed tomorrow morning to at ten 6 1 clock op_Eortuni ty witness/to purge herself to answer of the such questions of contempt propounded and to her as aforesaid! shall produce rt~ the sheriff of this tomorrow morning at ten o'clock her before this court/for further action. county ��Monday 3/14/49. Hensley Hurdle Com v This day came again and the accused, sheriff of this Hammer, Jr., for Hurdle wealth, county, of this said the court ~~~ behalf he does not wish to introduce rebuttal, for impanelled and sworn to adournment; and having by counsel, moved the court announced evidence on his to which motion by counsel, having A. by the common- of the commonwealth, by counsel, by the Charles introduced and the defendant, And the defendant, court attorneys, jury came pursuant the defenda,nt, overruled the attorney and the the commonwealth, into by his of the evidence eviden,~on for was brought and came also case the hearing thereupon strike Hensley, and Sam P. Conrad; the trial completed the attorney excepted thereto. to the court b:ehalf, that thereupon, the commonweal th inta,(Oduced x1dau:ta:.xx evidence at the conclusion - of which the defendant, in y counsel, ,,e..(..,l,(.~C, moved the court to strike all the evidence the commonwealth, which motion of the court defendant, having said received the argument their returned Hurdle the following penalty at 5 years foreman." court this date. some time they verdict: aside hereafter And this the verdict And the and having to their (signed) of the jury into find is continued. heard court Chas. and grant within and the accused, and fix by counsel, in writing jury room to consider came again accused, to be assigned case excepted. in the indictment in the penitentiary. said to which action "We, the jury, as charged And thereupon, to set on grounds guilty retired of overruled, of the court WKXKX and after Hensley, by counsel, the instructions of counsel, verdict, the court o.U&red on behalf his H. Bowman, moved the a new trial ten days from �... .. t1 ,_., I.. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .......?,,./.IV.. VVt:l.cJ..'l?........~/,?.(o.c:::_/r ............................ . 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 .../.7- .. day of.......,y;;;.N.._1../.fl..'E:.r,J. .............................................. 19.~/., to testify and the truth to say in behalf of the Commonwealth .................................................liv.i..7.2.L.£:= {gainst. .......................................................... . /-/<SY.9.t,Ef .................................................................... . ...... who stands charged with and indicted for a felony ~eanBnAnd this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ~OBERT 3 Wt1"2ER,@krk of e,ur sakl Cottrt, at the Court House, the ../.:2-..c.. ...-...-. day of ....J;i.Y✓..U.d..l?..y. ....., 19!/.1-, THE SERVICE PRESS and in the li3 ...year �r~/11? V /f v ;f t?LE -':~-J1~--.:,-~ t Di- u ~ Ii'.! C) 1-<lO .-:c; CJ ,,., ::- - 1-/&,l(J o/ '/6 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ................... ~.R...N.. County, Greeting: ...C.../.t............. C!. ..v...3..L..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._/..."J.. day of................... ~..1/ to testify and the truth to say in behalf of the Commonwealth ~7, u.1':'t..lr.j/-·····................ 19.. against ................................ . ................... .lf.v. ..R.7::> ...Lc;: ............ d.c.c✓-:.S.LE-j- ............... ............................................................. . who stands charged with and indicted for a felony mii:Gl,u.-lQl!.ner. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J.R:G~EWE:5'&:ft\l;l-1£R, Ok-,;:½!fSO.J#.&iitW day of...~ ..M.v:A ..l?.f·····• 19 "f..(1., and in the 16" THE SER VICE PRESS t 1 "t the Court House, the .....l.....cZ.,... �~ H'-"1f'J:>LE IJEV,/sr �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham Jo.e ...... K.<21.1 ..'1::?. ...0...l':f~ y OU are hereby commanded to summon ........... 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 .../ ..Z ..day of... ......,::Ji.1.t£_v.)l'f..& ;I'-...................................... .....19.~?, to testify and the truth to say in behalf of the Commonwealth against. ......../-/.c.1&.-D.LE ............. . ..... H.£.lv...S.t..E.f--·································································· •.............•............... who stands charged with and indicted for a felony ~ ···································· . And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J...B.ODER:TGWIT3ilsfi,sled E.1111 •a;id C rt, at the Court House, the ..../2..~ ... ~-..-,,,,,,day of...Vl{.I/.V.~lrf··········• 19L/f..., and in the 1'2, _--_,_~ o onwealth. - --~~-«,.,.,.,=:::...::!I...- THE SERVICE PRESS ~ ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............ B..~.µJ.Q,h...:S.hJ.f..f..l..~.t.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.l7.th day of.................... Januar.y: to testify and the truth to say in behalf of the Commonwealth ................................................. 194.9 ....., against. ......HDRDIE .....HENSLEY. who stands charged with and indicted for a felony WWA'1.eaR~.. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,-j~BE-lt'F day of... ......Januar.y. THB SERVICE PRESS &VW'Effi•a;€-rer1'-ef.o,:,.rMJ.tci-C-otr1'.''i at the Court House, the .......13.th .. .............. , 19 ...4.9. , and in the 173r ~ �COMM ONVffiALTH V. ) Witness Subpoena HURDLE HKNSLEY To January 17, 1949 9:30 a.m . ..... z ....,H~ ,_ E- ~ L 0 0 u:; D at �In the Name of the Commonwealth of Virginia: To the Sh~riff of Rockingham County, Greeting: You are hereby commanded to summon .........C..c ..O.v.e.r.t.on. ..L.e.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 ...1.7.th day of................. J.m.uar.y. to testify and the truth to say in behalf of the Commonwealth . .. . .... ................. .. ............ 19.4.9....., against....Hur.dle ....H.e.nsle.y ..... who stands charged with and indicted for a felony 'fn-itlB@IR@e.R~"" And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, -j .~BER-'F-S-W·FFB:R-; €rerk-ot°-ott!"'said-C-ot.1!'t';"at the Court House, the ........13.th. day of.. ...J.anuar.y. THE SERVICE PRESS 173rd ................. , 19....4.9., and in the 14,... ear o ·~---~-:?-./ �COMMON\VEALTH V. ) Witness Subpoena HURDLEHENSLEY To January 9: 30 17, 1949 at a.m. E:x"c-uted the itbin ,i:tme<l - ..C:.._t:2e:..e'c./4~_/et? ~~~--~ J handin,r V_"I pe n ·wit ·a r �~- /-~ £-d -- ~-// .. 7-eb/__J ~£!__ - • • - . ~ ; 7 _-~~s;~--~---=?!l"· jg_ -=z: --{/4a,;t, # -~ ,.-7,rZQia? ~ ~~ -!-l- --4 - - -l+-- - I t I '· - + -- -++- - - ----;- - ----- ----- ___ • _ _J . I) �t t • { �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You ?re hereby commanded to summon .........C.ornel.i.a ... sleY.,................................ ........................ ................ ...W...... Hen.sley County, Greeting: ...and ...Glen ...Hen.- .......................................................... . ................. . ;o;;;:,;~e;~;; ,~;;~~;e~f ;~;;;;~~i;;~~;;~f ~~~~:,;;~ ;~~~~:,~;;.,,;;, on the ..~J.r.4 .. day of.........D§.9..~mP..~.r..,..................................................... 19..48., . . J>JF#ftJPA.,AJ..T~ ,_ . to testify and the truth to say m behalf of the ~ ................................................ . ~AH,,~x.:mc., .................................................... Hurdle ....HensleY...... ......................... ............................. ................. . who stands charged with and indicted for a felony ~ 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 ............ .23.r.d day of.. ••••• P..~~.~~P.~.f •••••••••••• , 19 .4fL, and in theJJi.~·::· .:....~r THE SERVICE PRESS .~.~.~~~..Z~~:~alt~: ......... �Common;,eal th v. I Hurdle Hensley I " t~~ ,ro . ' I : • : - ' 1948 Dec. 23 (forthwi thJ \ C'() ""'\ l ~ ~ J 1 : • I I :. : 0 Cl) I lI {_ �Trial Justice -If1 --vob Court Dollket No. A:2370 Criminal I Com'th v. Hurdle AW Trial Hensley ~t-~ If- Arxaigned 3.r- date Probable cause found,held DIAXKX»l•a:x::d'~uilt1xk1l1 for action =-=--~--~ of the Grand Jury 12-6-48 - �Ct?AJ-/ �IN THE CIRCUIT COURTOP ROCKINGHAM 00UNTY, VIRGINIA COMMONWEALTH v. HURDLE HENSLEY This in person motion jury 23rd day of December, and by counsel, and filed to quash the three against opposition himo After his indictments hearing 194.j', came the accused plea returaed evidence to said motion and plea, 'fhe court being of opinion in abatement and by the grend in support and argument of and in of counsel there on, Hurdle Hensley, by law, has not carried upon the plea same is hereby court by counsel, in overruling said excepts plea to quash, him to surnmonf the members to allow the indictmen~ further excepts il)'these as to the sufficiency to'the cases A. HAMMER 204 FIRST NAT. 8K. BLOG. HARRISONBURG. VIRGINIA and motion. to the refusal of the of the of the grs.nd jury: to testify evidence on behalf produced themo ENTER:______________ ATTORNEY-AT-LAW the action in abatement, court of the defendant CHARLES upon him overruledo by counsel, before imposed and motion The defendant, who returned tha defendant, the burden of abatement The defendant, of the that _ �.. ... ... l IJ [ 0 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham 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 ..17..th day of.. ...............Janua:c.y... to testify and the truth to say in behalf of the Commonwealth ................................................................ Hur.dle ...Hens.leY . .............................................. 19 ...4.9., against ....................................... . ........................ . who stands charged with and indicted for a felony Ifti'8<.tefflCMlV!'. And this you shall not omit under penalty of £100. And have then and there this Writ. at the Court House, the ...g.~r.<i. .... Witness, J{t{~l(X~X~~~~~ 173rd day oL ......... P..~ ..g.~.mP..~~·······, 15flJ3.... , and in the ~ ..,,,,.:-:-:....,,,. ..~e:!!1-LL!J..LW:.. THE SERVICE PRESS �f . II :i • . : . J ' II • I j I li II ~ ;I I I J ' i I ' I �COMMONWEAL TH VS. DESCRIPTION Last known address-----~-~--""-'-'~..L-C.~ ColorJ/JiuJ;;__ OF PRISONER {JCL- , ~es_/3.__£ .l..,g, Hair-B~~~- Weight__J.1_~_'%1/i) Marks _____________________________________________________________________________________________________ • Age-¥-t- ______- ____ J~~ --~ Date of TnaL __ FaJvJ, Occupation ________~-!,,')"fl- - -- ________________________________________________ _ -7-/-'J /-'f-7------------------------------------------------- Resul•---~------------------------------------------------------------------------------------ ��;r 1 () . Jf!-f_ ~ / c~~ ~~ r--· c,~ • 1t, /fj-'l ,vt-,L. • ~w_f 1 /(4 ~ ~~ l~ aA[ ~~ f~ L ~._____,._~ ~k ~ c£ ~ ~,- ~ - _ ___,, / ~~ -~r. ~ , �• �t,, It o<§- )-~.Io ~ t! it /J ~~-{ ...., u ;§- ,,,, ~ 4 ,, n h 11 11 Y /' d.. Lf.'Y/A.,J/4-j,~ I °o I l /,f I .. I \, /(' "..., I ,I ~ �---- �' ,., ��I JV- ~- VJ i ~ ·~ _\~ ,4--r,ur /_ / ,/ /4-: ' ~ Jr CL~ ' - - - ~- ~~--- / �--~......, ........... ,.._,....,,'""_ ...._. .,,,._.__.., __"'------·-----......................... _......,. __.,,,...,.._,._..,. ..... ---........... _.,,,,.,.._._ ... ..,_..,. .. ~ ~___,-· ✓-- .. _ • ...,. ....... .,_ ·~ ----'-----="'-~ .... -------- ' --·-- --- ---- t-------- - -------------------------,- ----- I H------- ---------------- --------------- -- - ', ----- --------------,-------------------- ---- - �~· ~ ~ ~ /' ~~~~~ ~ ~=-c~,,,,,,,___~ h ~ ~ C,./'L---C.-C~-__,,,r~--i::.---, ~ J,'_./Z,,-,.-:--C-- • ~~ -~- I~ ~Gt~ ~ ~~ ~~ ~ ~ -t...----'""£.--1~-~~ ~ ~ �l.. ��I I. �Commonwealth On an indictment vs. Hurdle for a felony accused, Hurdle Hensley, county, and came also namely, Charles A. Hammer, Jr., said of res accused, autrefois in bar, indictment plea herein; unnecessary to again And said the venire in abatement, facias file the initial ballot to ideitify followed shall and that be listed no consideration of record, jury it as tjle jury in the order may be given thereon and deeming it moved the court catse on the ground and the City ballot is mandatory is dravm from the as to the districts that on to be of Harrison- marks upon said in the jury that drawn constituting to quash appears be no identifying them from any other said the doth so order. districts should plea estoppel, ruled dra11n from the box there there his to quash already by counsel, summoned in this that in drawing having own choice, .And there- ~endered and motion the same, of the different burg thereon; of his of co-defendant, entered accused, the back of each ballot again and the by the sheriff and Sam P. Conrad . acquit heretofore court by the attorneys and the court as shown by order into by his attorneys, adjudicata, and plea for the commonwealth, was brought of this that #2 Hensley This day came the attorney upon, (adultery) the statute box; be ,.&.6x, their names the venire and or city of �~i r~ " «j•/' ( ~ ,,' t:~~1t, -,zf',:; ~ ,; ,,, ! ;t:I .I-- ,t, I ,<t 1 , r::b..~ ~~t t "~ l 'I Y_();;~<...'1 ~b,,,u,,i~<-u ~/r-1,Jil.v 4/... ~1 �Page 2. which they are residents the court and/having examined statute; that the letter identifying court, appearing mark, the accused, the court entered requirements such venire cases in order said facias at this and being motion, by of opinion of such ballot is not an to which 2.ction facias thereupon of the of such venire quashed; heretofore that the order the court sustained, appearing of this day been quashed of this case, and to the court for the trial has this the trial moved does not meet the and it issued term of court further on the ground which motion for as provided excepted. venire is hereby facia) venire by counsel, of the statute, and ~ 1 and other cases ,--r ( ro) 1 r~e term of court,\\-·B:E~~~~~~~f.{&1~~cr,.1al!t~t:t1 ~-r<.~ arom accused, to have a jury at this said the issuance the venire other said by counsel, to quash directing in such cases on the face overruled And said that except -t/ n / ~ 9XC&p-v_...._~...._..,.,,he ;/:uu1.-t • -f-l.1--,,_ ( term o court\ by Section Ytf) ~ it ~ r.~_,_,,__'1-,;.;-.s 'o-ut/ Mi cases bf/tUXXlCXrt to be heard I /JJ-U. ./ is ORDEREDthat /,. a venire 4896 of the Code for thirty-four I/ facias issue (34) jurors I a-t this I as provided se~ected by A,.t,Cf.wla/V' the court appear from thefjury list, thirty on the 9th day of March, and such other cases (30) of whom shall 1949, for the trial as may be set for trial at this be summoned to of this case, term of the court. �. I . ; �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, George D. Conrad, Commonwealth's made complaint and information on oath before me, J.C. of the said County, that on the 23rd day of feloniously ei hteen peace Hurdle November violation and dignity of Swartz, Cl erk of said County, has this day of Tri al T. J. or J.P. Justice Court Hensley cornmit_adrutery in Attorney with of the Section , 19A.8_, in the said County, his daughter, 4543 Commonwealth_ of the did W. Hensley, Cornelia Code of unlawfully Virginia against and age the _____________________ _ 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_~H~1-1r~d~l~e~H~e~~D~3~1-e-Yoat------------ ___________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this_~2~9~t=h~--- Memo. of Commonwealth Witnesses: Name Cornelia w. Hensle Address c/o Warren Hotel, Harrisonburg, Va. --- �1-1 no 0 p, l'l> ::, JUDGEMENT 0 :,:" (1) ::, C: ::, p.. Trial Justice Court ~ o.,.::, i;l::, (1) >- g 5-.g~ p,'l ,; " O..(t) ::, (1) p.. .... n Hurdle Hensley ,.,. >< (1) 3 ~ (tl a::::.:.g,,o ::, ::,OQ. ,.....,..., -· p.. ::,(1) (1) -· ::, " -< Executed the within warrant by arresting and delivering the body of " ;ro C: 0 ,; 0: ~g g ~ i o'~ ~ .. h::, ~ ~: "' OQ5· ::i5..I: p:, rt: ~ M <!to: (i) ::t o,.::,---· n: C: • Fine - - - a.! 3 (1) $ .... . M: $....1.•.00...... . Issuing Justice's Fee Clerk's Fee - &f day of $.. 1 •.25-. Trial Justice Fee $...2 .•.QO...... Arrest $...J,..~.50 .... . and Mileage this 0 o: 3 r 5· ::, (1) .... Summoning Witness Witness Attendance $ ·····"'·"'·"""'····· (1) -· ~o·-g i ______ $ .....8.• 25..... ~~rL~-~~~(.J,1~~------"---=---~-- Trial Justice ;'; n 3 ::, ::,-,, ,..,.... " -< [ji i Miles travelled by officer $ ....................... . - (D !),) ... ~~-era ~oo. $ ......... ~.~.~ ..... ..... g~ C"'::, ,.., p.. $......... ~.. Miles carried prisoner Total mileage 1,,: - - (1) n ;.'.... '-< ~;:;· (1) 0 0 C: ~ 15-: ::, OQ ::,- "3 0 0 C: ::, ~ ::,- < "(1) ,.., [ p.. -< " " n ?;" --~ ::, -< (1) 0 ~ ,.., C: 'O 0 ::, ::r""""'";:,:; n0 -< q. ('p ~ 0n :, a.. ;-9:-~ Officer's Mileage 5- "::, p.. -ro 'O ::, 0 : and Mileage $ .......'.'.'.~'."'.~. - : ½ ~ ::,- ~n (ti Jail Fees ~ ,-J 0 ::,,.., n·· ::+ ::,0 5· g ::i..... .;· e:._::,,..., .. -·::, ~ ~ Commonwealth's Attorney Total g..~3 : no..~ "'-· "::, 3~ Of :::r: 0 ::?. ::,- ~an -· l z 0 ;;-< ;;;· f¾' ,-J -< g -o ~ C: ?<: " ...., ,.., 'O 'O (1) {J>: ::,-5·....: OQ ;:,:; 0 0 p.. n 0..ro • ~ 'T1 >-~ (1) OQ (1)::, " 0 "p.. ::, "p.. ".... ~-.... ;:;\§. 0 g.~ n ...,.P-1 -< 0- OQ r> 2'.::i-o o o' 00 ::,~5-...., l'l> .... OQ (1) -< 3 3 ....,n ::, z ,-J c 0 0- (1) e.03_ ~~ ::, p.. 0 C 5· ? ,.., Oo~~ ,; ~on (1) I 0 (1) (1) rt"48:. ::,-'~ ► ;;;· (1) E'--38'g g3~ ~ ;r O -· ~ ~ ; 5§. ~-< g ~ z 5- 5· ;:;· 5- aoo.;r { Arrest Warrant 0 -< < ;:;· ~ " ".'l. :::· ::, -· 0 O-::, vs. 'T1 5;.'.... ..... P...-g ::, ::,-,.., Commonwealth < :;i:i g < .... ::, (1) (1) and there being probable cause found, the defendant is held for action of the Grand Jury. 0 ;.'.... ,.,. ::, !),) Upon the hearing of the within charge, @ ~ (1) ~;.~~ ::, ::, ::,-g S~ ~ CL -n,; n Criminal Docket No. A 2369 >- "' "' ....,. -n ,-J ;r -< (1) ....;ro. .... -o-"' (t) '"1::, (1) ..... 0 (1) ::, " P... en 0 0 ;r 0 ;:;· 3 ;r 3 ,.., • c... ~ s-6· g -·(l)C:;,;- 8 ft5· ?. ---l ;r ~ 5(1) ~ ., "'5:. " 8 ,.., " p.. OQ (1) p.. 5(1) 3 "' (1) < " "' ::, p.. (1) ~ (1) p.. 8 ,.., ;r " ::, "p.. ;:,:; 0 n ?;" 5· OQ ::,- " _a ${l ,.., " (1) 0 ..... �Trial Justice Criminal Court Docket No. ,4_ :2 '3 b ~ 7 Com.'th ~-- -·- v. Ht.1rdle Hensley AW Date Arraigned Trial date //-30-~J /6 AJ,,.... Probable cause found. Held for action of the Grand Jury. l 2- 6- 48-.--=,. �a ( �STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand the body of the Circuit Court their 23rd oaths County of said County, that day of November, 1948, daughter, Cornelia 4543 of the dignity of the This and sent at its in said did W. Hensley, indictment before of Virginia, in and for and now attending December ·county, term, is then commit adultery age eighteen, Code of Virginia, Commonwealth W. Hensley State the 1948, HURDLEHENSLEY, on or about and feloniously Section Cornelia of the of Rockingham do present unlawfully court jurors with his the peace of Virginia. found and Glen Hensley, the grand jury on the testimony witnesses to give the and there in violation against upon of sworn in evidence. of and �1 1948 Adultery ,=-<-i // c:. . Foreman INDICTMENT COMMONWEALTH v. bill: term HURDLEHENSLEY Felony December A true \I Cornelia W. Hensley Glen Hensley Witnesses: 1. 2. ., George D. Conrad Commonwealth's Attorney �Docket N<- COMMONWEALTH of VIRGINIA ) Felony vs. ) #2 ) (adultery) HURDLEHENSLEY Geo. D. Conrad, Com. Atty. p. d. 1948 Dec. 20. lJ"u/. rJ. Indictment returned. Motion to quash-to Dec. 23. Bail refused-& exception . ~j:;~~tv' 7/413 4~ 1141___ ~17';}-ff_;.q.~,~ y- ~µ,I- ~ tf" 01 --;,$ ~-r-f-~~~~ o' • ~~ ~-tr~~ - t7 •- .. ~~~~+n7>o .7, ~1-1'~ --~ 1- ~ • 'I(_ ~ H </°•.,.,._ Y:/(po CIRCUIT COURT OF ROCKINGHAM 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 Hurdle Hensley Subject The topic of the resource Felony Adultery Description An account of the resource Defendant charged with felony adultery 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_015_008 Hensley https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_015_commonwealth-v-ira-mavis-robertson.pdf 3b0d857ccafbecfe6b22989acd66d094 PDF Text Text G. H. Parent Co. Ashland, Vo. F orm N O. 777 t:f of - c:=:nweal l ::::~:m____________ , to-wit: In the Circuit said Court of county , October The grand jurors of the Commonwealth of Virginia, in and for the body of the Rockingham , now attending the Circuit Term, 19 of County Court of the said county :M.tt.VIS ROB.i:!.:RT.:iuN or about within twelve months prior to the finding of this indictment, to-wit, on;fue 21st upon their oath present that IRA August said , in the year one thousand nine hundred and county, Sylvester operated did , feloniously fail Simmers at the scene by the said death of the said 54 of an accident Ira Mavis Robertson, involving which accident Simmers, • against the peace and dignity of the Commonwealth of Virginia. Trooper J. fifty-four to stop and render assistance Marvin Sylvester Upon the evidence of day of C. Hash, witnesses sworn in open Court and sent to the grand jury to give evidence. and in the to Marvin an automobile resulted in the �•I 1' L l ' fl INDICTMENTFOR A AL'TH ~ FELONY COMMOJ{WE vs. t Foreman . IRA MAVISROBEhT~ON A TRUE BILL "---" ;;;i{__.,__L __.L __, __ -------- George D. Conrad Commonwealth's Attorney �Docket No. 1':f/ 1 COMMONWEALTH vs. 1954 . of VIRGINIA } } Felony (hit & run) } IRA MAVISROBERTSON ;,:: I 7-,.J ~ / .5 1· 1,,, £) I- ,'Io ID -1-{°f,'1/ ✓ } p. d. 0 ~ "m ~ < " 0 ""() ' f 'O !' ✓ - .J I 1~ ( :r 1 --- Appointed 'O J) r ~%~ Own{)(} ~ V r ,1.U:<1 V (/ " ~ ✓ 'J-6>0· (:? 3 / ;(} .f; 4o CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. ��S. P. 82 • REV. DEPARTMENT OF STATE POLICE 1·6•$3 B }.' I 490286 to answer for violating the Motor Vehicle Laws of Virginia, to-wit: Reckless Dri ng Improper --/ I hereby promise to appear ~ /~ /. at the time and place specified above Summons required under Title 46---Section 193, Code of Virginia. Failure to comply with this summons constitutes a separate offense. (Defendant's Signature) ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS /2 ,IJI' JURISDICTION, COUNTY, ,.z I PLEA □ GUILTY □ PENALTY CITY NAME OR TOWN CONVICTED OF COURT DATE OF :~~LTY APPEAL IMPOSED TAKEN OvEs v~ STATE -STATE POLICE "'5HIELD .NO. IF DEFENDANT OF SPEED- SPEED TRAVELED ING- SIGNATURE SPEED OF CARELESS DRIVING ANO LICENSE □ YES OR SPEEDING- OF JUDGE OR CLERK SUSPENDED I TITLE ONo ZONE MPH IF CONVICTED RECKLESS This abstract is fi by the Judge or the Clerk of the Court having jurisdiction of this case as ' quired by Section 46-414 of the Code of Virginia of 1950. CONVICTED MPH PERIOD □ NO I DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Following too closely Did not yield right of way Failed to signal tum or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �s. P. 82 • REV. ,-s- DEPARTMENT OF STATE POLICE 53 County or City ________________________ Trial Justice, ________ __.___________ o.._______________ ,o.~-~-------a,._ to answer for viol~ting the Motor Vehicle Laws of Virginia, to-wit: Reckless Driving _n Improper I hereby promise to appear Date _____________ _ D _____ N D Exceeding Speed Limit ° _ ,o'clock..___M. Operators Li D Chauffeurs cense r . at the time and place specified above (Defendant's Signature) Summons required under Title 46---Section 193, Code of Virginia, Failure to comply with this summons constitutes a separate offense. I ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS JURISDICTION, . 7 ~ CITY RACE I I HftlGHT FT. STATE i....... I SEX WEIGHT IN. I POLICE I ~ES I STATE COUNTY, HAIR Y~AR BORN I I OPR. OR CHAUF. LICENSE PLATE LICENSE STATE PENALTY NO. STATE IF .. SHIELD I PLEA □ GUILTY □ NO. This abstract is filed by the Judge or the Clerk of the Court having Jurisdiction of this case as required by Section 46-414 of the Code of Virginia of 1950. CITY OR TOWN CONVICTED OF COURT OF I I :~~LTV CONVICTED OF SPEED- SPEED TRAVELED DATE APPEAL TAKEN OF JUDGE OR CLERK LICENSE I SUSPENDED □ TITLE YES □ NO DvEs SPEED ZONE MPH MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDING- -- NAME IMPOSED DEFENDANT ING- SIGNATURE I PERIOD □ I NO DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Following too closely Did not yield right of way Failed to signal tum or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �f STATE OF VIRGINIA ~ OF Harrisonburg Ko._____ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: J .c. Hash Whereas, John G. Leake has this day made complaint and information on oath before me, ___________________ Justice _ (Name) City of The Peace of the said ~y. that _______________ _ (Title) Iiockingham IRAMAVIS ROB~RTSON ______ or about fail day 21st did on/the stop and render to automobile Sylvester operated Simners, A_u~g~u_s_t_________ 0 ( ___ assistance at the by him, which accident in violaticn the peace and dignity of Section int~ County 19---21:L_:Unlawfully and feloniously scene of an accident resulted 4b-l89 involving in the death an of Marvin of the Code of V:irginia, agam st of t "e Cormnonwealth 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 ti~ County, the body (IJclJmx) 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-10th __ 54 day -~ (Title oi Issuing ~.;,- ~-- ~ Otticer) JUSTICE OF THE PEACE __• 19__ _:___ (Seal) �City ST ATE HarriSJnburg OF V IR GI XI A-CXll(.1!1:,1Clly r. __________________ John G. Leake _ . cf{t;: ':Ix~ Justice of the Peace a State of Virginia, do certify Ira Mavis Robertson that Joe D. Grimm (LinvilleJt. and------------------------~ to the Commonwealth 1000 .00 ($ of Virginia ), to 2+ One in the sum of goods and chattels, --- lands, and tenements Robertson 9th County, on the Harrisonburg ---------------, , have this day each acknowledged themselves indebted Thousand----------------------------------- be made and levied of their respective Rockingham 2:00 P M ., at ------ Y as his suret • con d..1tJon: Th at t h e sa1.d _______________ Ira Mavis b e ren d ere d , ye t upon t h 1s of in and for the ~iXiRy aforesaid, ----, to the use of the Commonwealth Trial~ Justice 1 11 appear b e fore t h e s1a day of Dollars September to Cour', , 19--51!. v·irg1ma, .. • • at an d at any time or times to w h"1ch t h e procee d"mgs may b e con t"mue d or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to an,wtr 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 shall keep the peace and be of good behavior the said from the date hereof. 3_0_tb ____ Given under my hand, this __ day of ___ A_u,,:cgu_s_t _________ _}_9~ ?-'" for a period of _________ 7 ,!ays ~L ., ~ J.P < V> ("') 0 ~ V> (') 0 a:: a:: 0 z ~ t<j > t"' >.:i :I: 'TJ s· (I) ....:.I 0 >-l 0 E E ("') ff) 0 C: 3 0 3 3 0 ~ (I) s· CIQ 3 ::i E. ;} ... 0 ► ... ::i ::i Ei (I) rn rn ... E 0 Ill 'O 'O (1) ... Ill Ill ::i 0.. ~ (I) 0.. rn rn >-l .., (I) ~ 'TJ (I) to Ei ► ... ... ~ ... Ill o" ...., (1) 0 ;;; 0 ... Ill (I) V> (I) '< (') 0 ti) >.:i ti) .....,J • I\) \J'\ f 0 ~ •I\) 0 ::i . ~ (1) I\) 0 0 .., (1) ..... ... 0 (I) n 0 oq ::i ;:;(1) 0. �, COMMONWEALTH VS. iflol~ ~1111 - DESCRIPTION OF PRISONER _@J:~--~--~-~--~6 ___ -/._ti-+-------------Heigh~ Eyes ~ Last known address Color yV Marks~KZ..>..e...-1_,,_/J_Y ___________________________ Age Date of Trial Result • Ll.:...ijV~=---------------- '!.__/ ) 0 ~t/7: JJI / 1/ ~ 2--~~ .. Cl~ /0/ _ Occupation_'!-/-:z~'/)~~~l:__t,/~✓~I k t/ Weight ��Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .................~.~.~~P.~~ ...~~ ....9.~....~!?:aj'._l, ...................................... ···················································•1,,·····,··················································································································· to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at ,{.~•1,jock, a. m., on the .....1.1.th ........day of ..... ........<?.~.~.~P.~~ .......................................... 19 ..54. to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ...................... ................................................... v. ...... IRA ..M.8.Vli:::i ..RUBERTSON........................................................... . who stands charged with a felony ~r. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, 1bd{~xl{fflflf:IQ!:1'jcmXQJExz!l1XJlJl1mGX0!ustK:,at the Court House, the .....4:t.P: ......... . day of ...... 9.~.'t.qJ?.~r. .......... 195.4 .., and in the ...11.9.th .. year THE SERVICE PRESS, J-lA:\RISONBURC., VA. �Commonwealth v. ) Grand Jury Summons ·Ira Mavis Roberston 11, 19.54 at 10:10 a.m. To Oct. �In the N~me of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: .L,...Do.Y.e..~.)....F..'U.l.~~ ...E.w.+.i ... Y.~.~ ......... . ............................................................. ,.......M.~.~Y..i.!-!:.. q ..~ ...~.~.<:3:~E3.r.) ................................................... .. ~.<.?~~~~ P..~.P..e>.Y.~ ...li..41.'2-.~ ...:r:r~~~~~.~.~~.~.~.t ..?.~. • .................................................................. ~B.~.~·~·~·~··:i:,··~···.9·°-·°-~~~ ..~ ...:i:,.a..~.~!.. ..S..P.:r.:i..~~., .... Y.~.~.... Charles R. Blosser) You are hereby commanded to summon . .Cur.tis ...................................... .............................. .. ................................................................ c'iW:.ries· i-r·~· ..ciirie ......')':f:f~'#:f~i-Iarris·onburg, va. to _,atpearbefore the Judge of the Circuit Court of Rockingham County, at the Court House thereof, atlM:o{Pock, a. m., on thel.s.t ...day say in behalf of the Defendant of......... N.o.vembe.r ............. 19 5.4. to testify and the truth to in the prosec1tiionof the Commonwealth against........................................ Ira Mavis Robertson who stands charged with and indicted for a felony .............. , ................................................. . ~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court Home, the ....?9th day of .....O.c.t.o.b.er .........19 .. .54, and in thel the Co ........ �0.r ~XECUTE~jK15/4sffNTHE COUNTY ROCKINGHAM.BY DELIVE GA TRUE co QI ii ;; bl) 10 ::, 10 :c +'! .c "i: < ,._ i"i ::..__! "' 'ti >, >I- 2 ::::, 0 c..) . ,g :aE -<C (!J :.- cnz c.; ~ .-i THE ROCKINGHAM BY DELI E COPYOF THE WITH ~XECUTEtfjU94yCN < 1ii /~ RSON. /-4-I ~ .,4:,.~.- ...s_ 01 aECUTE IN THE COUNTY A TRDE "ROCKINGHAM BY DELIV COa~•THE TO &Lt.~ WITHI d] .0 C 0 C .,,_a,.e;t,l. l. ;:: <D 'O 0 .0 (\j .... .... 0 0 IN ?; Cl) 0 \'G L C. ('11 .... 0 0 0 Cl) > Cl) ('11 0 >, 0. Cl) .... 0 0 .0 ! . \.J. \• >, ro - 0. ·;: - -ro ,... ro ~,. :, :, I.. ,._, :, .c rf) O'' .;,.. • • c..) 0 ex: �COMPLAINT REPORT SHERIFF'S OFFICE Arrest Number _________ Location _____________________ Complainant's _ -=---- Name ____________________ Received by _________________ Nature of Complaint ______________________ Letter In Person Telephone _ _ Address. ______________________ Time __________ M. _ Date._____________ _ Officers Assigned --------------------------------------------------Details of Complaint __________________________________________________ Person Arrested _ Signature of Investigating Officer �~otfinolng6!/a:{t·4 place of abode, Executed ,M ,/ j'L;Jg/4 d.· f ¥" usual place of abode·&,...,a.~...,.r::,..&-,,--,.~1.-........,_;.u;~,Ac::>,C..h is family above th,......•"'dA._ " h .-. • 1.02l!l'i �COMPLAINT REPORT SHERIFF'S OFFICE Arrest Number _________ Location, _____________________ Complainant's _ Nature of Complaint. ______________________ Name. _______________________ Received by _________________ _ Letter In Person Telephone _ _ Address, ______________________ Time.________ __ M. _ Date. _____________ _ Officers Assigned --------------------------------------------------Details of Complaint. __________________________________________________ Person Arrested _ Signature of Investigating Officer �at hts usu~. 19lace of abode, Executed usual place of his'tamily abo .,., h"'r. _.,1./,;_/t:;,11~~~3il..J~~(,110~~~cr:.,__ ____ / 7 -,- by delivering a ;~~--~v.-£.- he age of 16 years, and explainin d~t~ A.L.STRAtVDER,v1AN SHE~:FF ROC~NGHAM COUNTY u �C.A.8. No. 4 Ng 11565 ACCOUNT AMOUNT ��TRIAL JUSTICE COURT Criminal Docket N<! 15870 A Com'th V. Ira :Mavis Robertson Defendant ~W-JCH (\IN.Appearance ' Trial Date 9-JJ-54 Date 9-9-54 2 PM 9-30..54 lXD 2:30 PM 11~ufficient Held for action probable Cause." of the Grand Jury. �� 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 Ira Mavis Robertson Subject The topic of the resource Hit and Run Description An account of the resource Defendant charged with hit and run 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 1954 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_017_015 Robertson https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_015_commonwealth-v-irvin-william-lineburger.pdf e3bf2fe3486f39918050d67afdefc80e PDF Text Text �? �if ( tj//.ciJLJ: 1-~ J /,d ...(J.;,,.t, L._ ��COMMONWEALTH V. JRVIN WILLI.AM LINEBAUGH INSTRUCTI ON The Court driving or likely instructs of a vehicle to endanger iSilP'iit-PPMt the jury that ( --- reckless driving is the at a speed, life, EBffl'ifYifJtiJ~a or in a manner so as to endanger --- - -- ___,.., ____ limb or property. - ••·•·,••••...,•• #'.llr.,C• §11~ a1t%6·#,.lJ N;.i.!liliilgii<Wfiili lQi • • , ■ r•4•r r,,,,, "J:,S?Nt♦~ ��IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA: INSTRUCTIONNO. --The Court defendant to instructs be the innocent jury until he by evidence and to with the his exclusion innocence. defendant stage in the to case, accused prove their find the jury upon the the to him not of convict, sonable the guilty. nor is of unless doubt. all reasonable of case, having heard case, or against the however or strong, if the evidence supports such evidence amounts the every the evidence doubt of the guilt any the the of not of essential the it is doubt probability and of sufficient weight charge proof fact indictment, greater to at with of is the goes applies benefit suspicion consistent all to him in defendant sufficient as charged doubt, innocence and the as hypothesis a reasonable Mere defendant, it have made the ponderance ment, give after whole charge duty guilt if, guilty reasonable entire law presumes proved presumption the and is the beyond every This throughout thereof, the of that in beyond the to or prethe indict- every rea- ��COMMONWF.ALTH v. IRVIN WILLIAM LINEBAUGH INSTRUCTION In considering of proving the whether guilt of the the nor its meaning. reason, and is not to be confused for law does not say that imaginable, that accused instructs the jury or not the conceivable upon the jury must limit its trial of the doubt imaginable of the proof The jury from lack proof the jury of evidence, natural cannot essential to the proof concerning If, dence, immaterial after and reasonable a convinced tion of all the truth doubto on the other guilt in mind that of the t~eet hand, after the the inferences to to create inferences of guilt. any doubt arising or from questionable of a material accused consideration of doubt of the guilt its charge, fact and not a mere doubt circumstances. in such a state belief to find be a doubt and honest left beyond every presented·at testimony and nonessential Commonwealth has failed If, bear should of the a reasonable your minds are from reaching should fact, doubt, go beyond such evidence from conflicting of any particular guilty of the to the evidence nor can you go beyond such evidence Furthermore, or possible on doubt. sufficiency the the Court the word "reasonable" a man must be proved including doubt, burden is a doubt which is founded with consideration be drawn therefrom. doubt, not overlook or possible In passing case, beyond reasonable you should A reasonable Commonwealth has met its of all of the evi- as to prevent of the accused, you then the burden. an impartial and reasonable the evidence in the case, you have an abiding of the charge, you are then satisfied beyond all considera- conviction reasonable of ��COMMONWEALTH v. IRVIN WILLI.AM LINEBAUGH INSTRUCTION The Court instructs a vehicle travelling overtaking vehicle, of law to give ever, in the an audible mere negligence, property. that is not alone for the element when overtaking same direction, signal of this driving; the added necessary jury when in a rural the violation of reckless the --- area, of his traffic driver is required intention regulation, sufficient crime the of endangerment of the as a matter to pass. or any act to constitute of reckless and passing driving of life, the Howof offense includes limb or ��COMMONWEALTH v. lRVIN WILLI.AM LINEBAUGH INSTRUCTION The Court evidence evidence, is further instructs just as legal provided that such character the defendant's guilt jury and may be just the and force the ---- attending as to satisfy beyond reasonable that circumstantial as effective circumstances as direct proven the minds of the doubt. jury are of of ��COMMONWEALTH v. IRVIN WILLI.AM LINEBAUGH INSTRUCTION The Court instructs is a question the exclusively jury that the jury; for to determine from the appearance their nner of testifying, their testimony, intelligence or lack ness to the result their parties, if of () - }7 and the candor jury have the their the relationship of the witness and from all determine accordingly. right and consistency other of apparent of the witin the surrounding which witnesses and what is the relativ~eight credit of witnesses on the stand, and fairness, the interest on the trial, credit and to give \ any, credibility reasonableness if any appear, appearing are mo1 e worthy testimony apparent the of the witnesses of intelligence, of the trial, circumstances the ---- of any ��COMMONWEALTH Vo IRVIN WILLI.AMLINEBAUGH CHARGETO JURY If you find in the warrant, of not less the accused you will your discretion, If you find in jail by both of reckless say so and fix than Ten Dollars or by imprisonment guilty hi~ punishment nor more than for him not guilty, as charged by a fine One Hundred Dollars, not more than such fine driving, thirty days, or, and imprisonment. you will say so and no more. in �\ �13660, Deputy Clerk �» oa~r.1 -• •· [ I I 81.dloCT.. -- ·-- I- • I 1 �Witness Subpoena CommonWiealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: m nde~ame to appear before The County l)f ----+-J_t.~_day to give evidence 111 behalf of of t~o;nonwe Court of said County, 1 ~ , 194, ~ c-t/._..... () sitting th of Virginia to summon at Harrisonburg, at the hour of Virginia, J. (}'r~--- 111 said County, on of that day -ti..'- 111 () ' the pending case of _\.....rn-~'-----'------------------------ v. ~d~ -=-a ~,,1/.. J Given under my hand t is,___ -:6t __,8"'- __ ~ w~JZ..,J..:1 - ./ =cr day of OVI' , 19~ ~c~ . d- 6-56-SM-Garrison -,<\sst Clerk Gk::rk �~ j ~ t:: 0 0.. ..0 .. \ ~ ~ ~ ";'-.. 1 ...... \I' c' ... ....... "'o ~ ,~ -···········-·-at his usual elive;..;n~ a .. ....... .. . .. ... , being a memb~r cf faining the pu!"port thereof ___ ~ ----···········-· > '-''-''-' j t:: ..., V en en ;:3 V ~~ (fl 't ,.!,! u 0 8 Not finding........... .-.......... place of abode, Execut d.... . usual plnce of r •• • his family abcv·· to her. Deputy She· �FORM T J 8-!50 SETS OFFICE THE TRIAL OF JUSTICE ----------'-~"'-'-1--VIRGINIA To _ ----==--.,__<-'/d..=-- 1- 19::i:..?- llV-~L-~~~-✓~~~~~--- _:i:::::.q_.,_~< 0 I Hand you Herewith follows: my Check No-'17 f In settlement of my account as DESCRIPTIONS DATE CLL~-1L..2-~ ~- AMOUNT k_w~-L~l_ Yours very truly, Trial ltistice. u ~ ..1..r ��APA-104 JP-lOOM--4-56 OFFICIAL RECEIPT FOR CASH DEPOSIT WITH IN LIEU OF RECOGNIZANCE SURETY L N9 59984 FOR THE APPEARANCE BEFORE J usrice ORIGINAL-TO of rhe Peace �APA-104 JP-lOOM--4-56 OFFICIAL RECEIPT FOR CASH DEPOSIT WITH ,ry GsA.ti IN LIEU OF RECOGNIZANCE SURETY N9 59984 OF Jusrice of rhe Peace 0RIGINAL-TO L �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded .................................................... ................. 'l:. to appear .. County, to summon 'r.RQ.9f~ ... E.~..:BJ .•.. KISER ,.k~k . ............. Mti.P.I:I ...PAY.I$., ...gqµ1:_'3.. ~.1 before the Judge Greeting: .. :EI.a.:r.:r.:i.E>.9.11,1:)_llTg .. ····················•········································ of the Circuit Court of Rockingham County, at the Court House the!'eof, at 9 :30 ..., 19 ... ~: to testify and the truth to say in behalf of the Common wealth bo48-I~-t-A@--Gt--a-11-0-.fu,y, against ...IRVIN ...WILLI.AM..LINEBAUGH................ who stands charged with a-H@-ti+dteted-4ot-~~1,. And this you shall not omit under penalty. Witness, Han,isonburg, CHARLES Virginia, of the Commonwealth. E. EARMAN, misdemeanor. And have then and there this Writ. JR., Commonwealth's at the Court House, the. 9th .... of Attorney .. Dec.e.mb.er.... for Rockingham ~ . ...... . , 19 57 County and the City of and ·n the L: ..... Commonwealth's Attorney �Not findi~4.·.... ... .~•··-·-·--···---··at pface of abO(b, Executed. ...... 1d...../J......... v-7-................... by delivering a . ... . .......~~····,£}g__~- truecop//))}' ..µ/~ · 1" ••o (}>J,4..D~ ot, usual rbce of n J~·····~d~ his famil; nbovc ti. • of 16 y,nr , to her. his usual . ....•..•••, 1, 1 ex .• 1i~th" Jng a m~m ::r of pur,,o,t thereof £2:...4'V-u:ud..AY~---······ D , .tv Shenf£dU: . ..f- S. R. C. ~ ••••••••••••••••••••••••••••• ... �9. P. 92- REV. 7-111-ll<l D '4 1'L---#--,'-L....:LJ:.~'---'::.....,e:..e.,,.-,..1.,~=~--6':....::..-'---':....:.-=c....L.==.J,~L.l:.-<- '-F=-.L-..=...t....J'-"--='---=----"-'---'--''-'=-~-==~--• B 990415 TMENT OF STATE POLICE _____________ 1,<-~.:_.:_:_~=.:__:c-'~<L--O~ Date 1 '-';ff I 1-;-:S,.7 you are hereby summonsed /F•~ ·2 nt to appear before: 2- o'cloc~. No Operators License Chauffeurs Improper □ 193, Code of Virginia. I hereby (Defendant's D Signature Failure to comply with this summons constitutes a separ,ine offense. ADDRESS .CITY MPH LICENSE SUSPENDED □ This abstract Is filed by the Judge or the Clerk of the Court having Jurlsdi • of this case as required hy Section 46:414 of the Code of Vuginia of 1950;' - YES MPH PERIOD 'gJ NO SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Following too closely Did not yield right of way Failed to signal tum or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �APA-104 JP-lOOM-4-56 OFFIC!AL RECEIPT FOR CASH DEPOSIT WITH Offl'm'\rOF IN LIEU OF RECOGNIZANCE SURETY 59981 J usrice of the Peace L ��9, ,-, 92 - REV. B 990415 DEPARTMENT OF STATE POLICE 7-t --■• Date-'·_,._;-:....._,.,,_, ---"-/,-=o1/--~6 ....•...,,.7.___ County or Clty__,_-_·~r::~~'~-~'---~--~---------- / (:1/11 :, A t I Trial Juatlce,.-;"----'-'---'-----~--~=---· to answer for 'riolatlng the Motor Vehicle L ~/ I hereby proml■e /: I. You are hereby summonsed to appear of Virginia, to wit: Reckless Driving ',,t / before: -4,.. o'clock..::_.__M. No Operators Llcen■e □ Chauffeurs .I Summons required under Title 46---Section 193, Code of Vlrglnla. to appear at the time and place _1peclfied aboTe Signature D xceeding Speed limit I' t Failure to comply with this summons constitutes a ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS CITY • ~ /' / / - .,;, ; at •---~~=-'----=~--nn .. ·• ,,, l . I.(; / • ., ' . --"'--'----=---'---~-'-~-'-~--'--"--'--'----,,.c._;'-'-~~-"'----~----------D Improper (Defendant'• 1 .JURl&OlCTION, STATE COUNTY, CITY I PLEA OR TOWN CONVICTED NAME ■epar.crte offense. OF COURT OF DATE t---.---,r----'-----'----,--~--------+ccc/JA=-c-=lc='/~--i~□ =--G_u_1L_TccY_O=·=-=::..~::..~c:L..:.T..:.Y-'---------------+--------I STATE PENALTY I IMPOSED ✓ TAKEN OvEs IF DEFENDANT ING- CONVICTED OF SPEED-- SIGNATURE SPEED TRAVELED SPEED OF .JUDGE OR CLERK LICENSE I TITLE SUSPENDED □ YES 0No ZONE MPH MPH IF CONVICTED OF CARELESS ANO RECKLESS DRIVING OR SPEEDING- This abstract Ill filed by tbe Judge or the Clerk of tbe Court bavlng Jurisdiction of thla case as required by Section 48,414 of tbe Code of Virginia of 1950. APPEAL PERIOD □ I NO DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Following too closely Did not yield right of °way Foiled to signal tum or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �- Comp. Form 18-A ST A TE OF VIRGINIA ~ OF Ha_r_r_is_o_n_b_ur_g _______ _ I No ______ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: E.E. Kiser Whereas, --'----------------------------------- John G. Leake has this day made complaint and information on oath before me, ------------------- (Tide) (Name) City Justice of The Peace ___________________ of the said lblmty, tha._ _____________ _ Ro kingh c am in tk!C6Dl County Irvin William Linebaugh ,____________________________ 14th did on the vehicle day of September on and ever a public manner, involving an accident, , 19-2!._: Unlawfully operat.e a mot.er highway in Rockingham County in a careless against the peace and dignity of the and reckl.ess Commonwealth of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham County Court of tDad County, the Lody (iraat:m;) 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 --------------- □ _________________ color ____ Address --------------- □ _________________ color ____ Address ------------□ _________________ color ____ Address --------------- □ __________________ color ____ Address --------------- □ as witnesses. Given under my hand and seal, thi""__ ]h_t.h __ day "17'2 / September ~~'-~--=~~-----JUSTICE ofl'rllklssffl').'l1r' > , 19 57 (&~) �STATE OF VIRGINIA--COUN1Y OF --------------------, to-wit: a Judge of the County Court in and for the County aforesaid, State of Virginia, do certify Justice of the Peace I, that as his suret and--------------------------~ have this day each acknowledged themselves indebted Dollars to the Commonwealth 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 be rendered, yet upon this condition: That the said---------------------, Circuit County shall appear before the Court County, on the ________ day of ----------------, 19__ 1 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 i~ 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 further condition that the said ____________________ shall keep the peace and be of good behavior for a period from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this ________ 0--------------WIYS 19__ day of -----------------, Judge. J.P. Ir 2;; f ~ ~&t < !" p.. .,, ___.._ 5· n ~ rl e. <. 5/\ ~~ ,., "· ... ... ' 2" ~f. '[ ("') ,., 0 £ n ,., 0 E. ("') Sl &t 0 en 3 3 ell 5· e!.. Er ~ r:: 9 3 0 ::, t\ l ~ s a ....... ~ .,, .. .. ..8'... 0 "' ~ ;; ::, Oo ~ ("') ;. ~ --- ~ l n I > ... ... ~ ... .. E,., t:D ;::: ..g... ~ ::, n n ~ g. ; - 0 n ~::, .. ... .. p.. '< a. ~ - < ::;· ~ 8 ~ ~ ~ ~ ... €. 5· ::, __;· ji' Oo er ~ 0 p.. 9 p.. ... p.. z ~ ~ p.. ::, 0 i n p.. s § ~ ... a ::, n ..... :i-:: ,., t'1 ("') @ ri r:: ::, ~ ::, ~ ( ("') > ~ 5' i .,, 5· ~~ a~ g ~ ;. n '< ;i n ("') 0 ,., ~ en en go. r:: ;:; [ 0 ::, r:: ell 0 ::, :;J ;;· Er n s· Oo ~- sa ("') 0 "' a C ::: ~n... 0 n <.,.. , ~ ..... \0 l ..... ... ("') nn 0 C Oo ::, 9 np.. 0 ::, ;:;· �TRIAL JUSTICE COURT Criminal Docket N<! 24689 Com'th V. ~&JL: Defendant ,, ~a.W r,.S • " Appearance Date ~ ,l'-J CJ --t o/---..r7 u'""' Trial Date t- k In/, Jr;- P.IY)' ,o/3, /JJ- ,-Pm. A �j ✓ �/2 ~ »-- ~ ~ Docket No. 3JU /j a/~--~ COMMONWEALTH fy-~~ ,d--~~ of VIRGINIA ~'?<-- ~~~ ) ) ) vs. Misdr. (appeal) IRVIN WILLIAMLINEBURGH Henry C. Clark =--"'-'~O-::;wn~~(x~):.!..fil~Ap;__p~oi:--nt-ed-(:----)---- 1957 November l)"~;a~. 14. -,. /". p. d. Docketed. tJ ~- (/"V j)~~, /· CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co., Phila., Pa. � 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 Irvin William Lineburger Subject The topic of the resource Automobile Accident Description An account of the resource Defendant charged with cause of an automobile accident. 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_015 Lineburger https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_001_commonwealth-v-iva-rodeffer-davis-coffman.pdf a0d167bca79f945318a9d49adbc78aab PDF Text Text ... , #2030 COMMONWEALTH vs. Felony (att~mpted abortion) IVA RODEFFER DAVISCOFFMAN I ��COMVDNWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand jurors of the Commonwealth of Virginia, for the body of the County of Rockingham, Circuit oaths Court of said do present that 28th day of January, iously did kill and dignity /1s LAWRENCEH. HOOVER ATTORNEY AT LAW HARRISONBURG. VIRGINIA before at its and now attending April term, 194?, upon their IVA RODEFFERDAVIS COFFlvIAN,on or about 194?, in said County, unlawfully and murder one Kerneda Bennett, the the and felon- against the peace of the Commonwealth of Virginia. indictment Mon~oe Fristoe sent County, in and ands. the grand is,nd upon the H. Callender, jury testimony witnesses to give evidence. of F. L!Byers, sworn in Court and �\ ) MURDER Indictment COMMONWEALTH v. #--'-~ Term, 1947. Foreman IVA RODEFFERDAVIS COFFMAN Felony: April A True WitJsses: ~«- Dr. F. L. Byers-' Fristoe 3. S. H. Callender VJ.·Monroe Lawrence H. Hoover Commonwealth's Attorney. �Commonwealth of Virginia, Rockingham County, To-wit: and acknowledged the~ebt<d -:::x:-~,, 7-¥'/-~-- - . . ~ ---- ~- to the Commonwealth /I of Vfrginia each in the sum of ___- - - - - -- - ..., __________________ -~-Dollars, ($_/4 \b -- _f'-OL-~, to be levied of their respective goods and chattels, lands and tenements, for the use of the Commonwealth Virginia rendered, this condition: t of and they each severally waived their homestead exemption to their recognizance; yet upon 0 That if the sai~-~~-~shall personally appear before the efrMn G8ttrt Courto f Roc k'mg h am C aunty, &,-~o~use h C Tr~stice's h ,,,,,~ o f sat'd C aunty, on t h e ____I --~---- d ay of ~-,/-f-¥}--~~-----~-------------------------, 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 charge, and then and there answer the Commonwealth of Virginia concerning a certain_____ ___________________________________whereof the said~-~ _ ____________ ________ charged, and be bound under said 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; otherwise to remain in full force and effect. ss WHEREOF,I hereunto affix my signature this _______j_o ______day of _________------------ - ~ -------------· AIL COMMISSIONER) ��6 Arrest Warrant The Commonwealth of Virginia,} T 't Rockingham County, o-wi To the Sheriff of Said County: Whereas, Sam H. Callender, ~h~rit'f made complaint and information on oath before me, of the said County, that Iva Rodef'ter " Co. of said Coun~ J • C • SWar~z, Clerk 'r-. ¥. OOurt Davis Cott.man has this day • 4 T. J, or J. P. e ... t on the 28th day of Jan. , 194.2_, in the said County, unlawfully and feloniously did kill and murder one Kerneda Bennett, against the peace and dignity of the oo.mmon.wealth ot Y~gini~ These are therefore, in t~e 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__,__________________ __________________ _ to answer the said complaint and to be further dealt with according to law. Given under my hand this Memo. of Commonwealth Name 29th Witnesses: Address �JUDGEMENT Trial Justice Court April 15, 1947 Criminal Docket No. A-8705 kJJlrm:dm:kmu:IXfx~OOll!XDl!X, Commonwealth The defendant is held ror action of the Gr~nd Jury. vs. { Arrest Warrant Iva Rodeffer Davis Coffman Executed the within warrant by arresting and delivering the body of before Fine - Issuing Justice's Fee Clerk's Fee Trial ;ystice Fee ).., 1,:,,~.+ I, - :rV Arrest and Mileage Summoning Wi•tness So Witness Attendance and Mileage $ ....../,........ '?.... Commonwealth's Attorney $.. Jail Fees $........ A........ 0 _________ $ ....................... . Total - '11s-;;. .s .. .11,.f./. $. Officer's Mileage Miles travelled by officer Miles carried prisoner Total mileage Trial Justice ,f_A. �Report of Witnesses for the Commonwealth Monthof Whose mileage and attendance ~ 1 were not coll_ected by the Trial Justice before the end of said mop.th. ,·, ~ I I ' Fel. Pro. or Misd. WITNESSES Com.vs.J,AA ~ ~n)loA, 1. A91i.:'4'I, ~~JY 2. !f!!::r=1~. if (a 7/h /4'~ (/f:1-rh,~~ Days tendance Miles ial Justice. llld_/ u Total Mileage i!, .,r ,, Date I r<-t U ~~ 3.~ , '/i L. , So .I , S-D { I , , 0L ,.S-o S-b ~ So /,Si; 4. 1 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 all necessary ferriage 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 ��\Vitness 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 Dre Fauls. Hill, to appear before the Trial Justice Court of said County, sitting in said County, on of Virginia to summo.~------ 15th day of .A,Pril at ,...H..,a ..r._.r..__.i.,.s...,.o._.n..,b..._ur_..;g~,'--'VL...!l!l!i:ar-e ___ _ , 19 4? , at the hour of -~2.... :__ 0:..0=--·=p-'.-=M=•~---- of that day to give evidence in behalf o,._£ ----'"=o=m=m=ao:;.an=•.=.:::.a.l ..t,,.-=h;__ __ ...._ _________________ v. _ Ivy Rodeffer Davi Given under my hand this_ Co~~~ ,-, , 1 14th day of_~ 1 ......r~i=l~--...-.,_--,,-,, _ �Triai Justi:tee Court • ____ _.i.,Docket No. ~-2Q.5_ .. ( V. ( Witness ( Subpoena Ivy Rodetfer Davis Cottman To April 15th, 19437 at 2PMo �\Vitness 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 ______ ·Dr. <Paul S. Bi-ll , to appear before th'e Trial Justice Court of said County, sitting in said County, on 15th day of of that day to give evidence in behalf v. Ivy Rodottor April, at Harrisonburg, , 19.42,__, at the hour of of.~~~11W,11.1rW~1n&ri.,.u~---+------------------- Davia Cottman- Given under my hand this........,1~4•'h----·day of--.A•P-H~-i,...,Jlc-----+-+--- Virginia 8: 00 p.f.t1:. _ �Trial Justice Court ( ( ·witness Subpoena ( Ivy Rodeffer at 2PM. Davis Coffman �\'1itnes$ Subpoena Commonwealth of Virginia: County of Rockingham, to-wit : To the Sheriff of said County, Greeting: You are hereby commanded, in the name of tpe Commonwealth of Virginia to summon ________ _ dBafADnpC, 'B,JJ,D$tt Monroe l'ristoe ........ .--------~--------·-------,,~e--r.-,,,...-.------------...._-~- to appear before the Trial Justice Cotrrt of said County, sitting in said County, on 15th day of April at Harrisonburg, , 19-4:7..., at the hour of of that day to give evidence in behalf of_..,Q._.o ...ro .. m ..... a... n..w..,a..,a ....l._.t; ... h...________________ in the pending V. case of ---"~ODJ-rn-a:.Uu:Ya.i0~3.ii').<lill>s'!ir,.h...__,--, __ ...,_,,..,,....,.._ ..-c-~--•,...,-. ______ Iva Rodeffer Davis •Coffman Given under my hand this.. 15th Virginia 2;00 P.M. _..: ....___ .______ _.;_________ _ _ �• .... t- ~ ~ • l\? (t' ~ If:. cc t- UI t- '1 i 1-\ 1; I[ '1 (t 0 Po ct 1-\ t-\ ► 0 = O' L t ~~ ! !HE COONTY OF n0 C ... '"':. 111 :: .. ~ CJ>- i:z.. v 1~ ..d £" ( IN 1"EI:t ~ U"'?':1Jf""' #~, ~dilt:S.I(.~ ✓ ......_, - 1"'€11?-{ERING A TRUE I r. p z ..... ...,.. COPY.9f THE WITRIN.~ TO . ~ .- - - . / k7 ROCKI NG EXECUTE~pTN "' ::s (I) 0 'e (j) ::,;" n 0 (I) "' 1-'i P l ..,. 6 ::s (I) G g.. (fJ (fJ ~ ..... ~ ,,..__,,..__,,..__ 1~ :< IH ~ 0 .i_~.· ~ ~~ # ~22 ~5 ~(!~. IN PEltSOtf. To~Xn,~ 'll' EXECUTEI:f/.J"'4?JN THE COUNTY OF R•.)CKINGH~1. DELIVERING A TRUE COPYOF THE WITHIN~ �Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .......................................................................................................... . : t::..:::,;,·.'.~.:~·:;;'._'~7-~' ~::/.~~'1Jp.;1r:1.:~. '.~~=:· ~-:'. ,:";i: to testify and the truth to say zn behalf of the Commonwealth before the GRAND JURY ............../. .... THE SER VICI!. Pa.En, HAR.RISONBURG, YA. �i s:'. O I t ' Q) : 0 . - ': 1 : C ,... �\Vitness 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 summo •._ _____ _ e I to appear before the Trial Justice Court of said County, sitting in said County, on 15th day of · Ap:-11 at Harr1 aonbu.rg, , 19-4!1-, at the hour of Virginia. 2: 00 P.)I. of that day to give evidence in behalf of__,Q,.__.,.o~m ...m,..o ...nww.. ... M-..J-\,.b-.--...1-------------------- in the pending v. _ Tvy case of Rodeffer ____,O ...o...,.mm ......o..n...:w......,e...,a..,l._t""h ______________________ Davj s Coffman Given -under my hand this,__1 ...4-t... h____ day o~ __ _.._,..____,,,___,___,,_,,._ ~------- , �:Tr:ial }ustice Court ____ Docket No. A--8.205 ( V. ( Witness Subpoena ( Iv1 liodetter To April Dav1&J----G.ettman 15th, at 1947 2PM:. �Trial Justice Court Criminal Docket No. Com'th VB. Iva Rodeffe1· Davis Cott.man Held tor action of the next Grand Jury. . I /", �\ �#2029 DEC COMMONWEALTH vs. Felony (murder) IVA RODEFFER DAVISCOFFMIN ,,.- I L( /fr/" ,/.2;1A( / /( ��All the Jueticea Present: ' 0 -·- LTH 0 C "unlawfully, o t oc i O char-act.er ot which • b r 22, 19-8 ov county c did use ll nnett, e tto said r t ~h• d t t the 28th or J n ly and wil • rn d r in :r m le at in tru ju· 1 'th n n1 it t.he then, n tt there ttroy n ch un d to rod c borti thereby did unlawfully, m ch 1 or n t, ry, 19471 reon t.hen and 't r in loy in and d r and Kerned& d • L COUlfTt , on or OU bo y of on h certain t n 0 o vi f Richmon , Vir C C rt. ot o tf r CI C pr1l ~ena, 194-7, an in ict-aent. waa returned h t.be Circuit BY I 0 H Iv OPD I }. a.cord o. JA.S2 1 c rri intent id , teloniou1l7 n h bortion or nd wilfull 1ae rr1 •• *" Thi in ictment ( ac i , 194~), which tollowa: rovi e, under s ction 4401 of the Code o tar �---_Dl J.J'.h J a IVACI 1A a Ou L -- • :1 'l AI I l • u lb n .bn n .d .l lB 'l l. t t Ji :J l. l.t 1.[ ,:,-J-n ls rlJ J l I Mb "f ;i I .d.1 Oq!I !.td:. :, ."l &"I bn .o 'lJ (i ol I I t 1 .. j, i l ,. 0' , •• l e ::, �"It any peraon adain1ater to, or cause to be taken bJ a woman, or r thing, or use any means 1 d••~ro7 h•r t&Dbonl child, de.troy ri h , he three nor to or t.o produce abort.ion or mlecarriago, 8\lCh child or u such be confined in the penJ. ant than ten ·r. trial bortion or •- y not le than • • •" b r, accused, Wbioh r•~umed th1• Y ter Iva . ot 1n the un r t n in the Penitent ry ict: Tia Cot an abort.ion or to de y intent. r a rn chi her rod ot five • nt was Yerdiot th• ds that t now to ·o 1n trial: c d 1n accordance court tted these errors 1 the lect th to whether to prosecute tor the subatant.ive crime ot abortio an t. ; 1n Nt\la1ag to atrilr:o the evidence pt ve t.be th, • ; in In truction 1 1 1n re.tua or tor ti Ho. to rt.he aet aside the verdict n award the defendant a It. conceded in the r t1 evidence �d ,,, ~n .1a.l o::t I :, "lO 4 0,1 '1:83etn.t d ~ • nldj IJ "I •• 'l d:to JJ'. ·i -eJ: ol3'1oda "JO r ~u ·n 'l l .011 o-iq "10 erl 1 .[lrl:> I. nu ., J 1"tl) 0 a ;J ., .. J t f- . '1 9Dlt9 : lT Bil~ "I V - 1 1 •I !no 1t'le"t 0 !) t. VL ,L . • ll l L ' .an.t J .:in "l lnuq d ~ J L r l_.j,a! lo iJ n :, e 0 oJ l ~q ~ l! l .j .l Jl jj dJ' cr ... o.,:q :> r, .t-i• evl"' r,:J -d., 3 l:O'I ).;. "I • 'l I d!> I j l( ' .a 3 'l n :1 "• llL td '(O"l.1 _ eb - :)[II I l: -- :)., :) ;;w ~ • �was eutt1cient. ~o j ry fo th• defendant there r ot- ortion in tact, u y on o nd The case thi: n tt, rned Hatti onbur or t ri vi. or n1denoe t. or h 11 ted the aid h C ' t 11 tt • near d bortion waa .f resulting cial to defendant. h C onw l~b w ri ~ ur t.haa tw.oband. 1d her • rr n t rub t her ho in that oceaeion • • Irene r1 n • ' n ey Vi it th rt in .• • Cr ny pr ju ti bJ ~m•one Gthu C 11 u a youn co ld. h e , waa prepan, • it hr t ·by yet the i t.he death of the child, b. C 1n the adm1aa1on of 1rreleY 1..n ry h 't that because while the evidence . no aubad.t.td of the but lt 1 il~y, did no have a t&ir ~rial defendant ho a c nv ction tor an at.t,eapt• ot whioh o • 0 and Mrs. Bannet.t went into a bedrooa of Kr•• Cottman'• home, . Darts in the living told • and it y, l y ...... "'~u ... C out rooa. • tt t.o come back it no~hin& bad happened in t y in was id a 1t why they were r 0 rt en to aay to h ve ad A t t.wo a t.er, on J nu ry 27, ll' • Bennett, wbo �l ' ,. •.t erut l 8 J: e od ' • •• • • l l.1. J • • • 0 • • • • .. .t a evad •• • I 't I u 0 �nt h h • vi • vi o• tbe 'r id. taxicab wai~ing n aro Co • 1 r ro i C • h w • Cof a • at the Vin ty llinut•• t • D vi r C huab&nd, bllt t.al o h ott 1 • o, • Davi• tt ca driYer, • Cott- nt.o t.be cab. n • lit r • • put her to o tound 1th her ho Yi• then cal.led • You riv . • 0 Mrs. foll ry nervous • i J aoon. tt. or e a h floor b side the bed dressed, seemed h r f int d." on th ·i nn tt out. • 0 n over wlt,h aero a the toot ot the bed. t t' th d 1n tall, his wo n her to a boepital.• e t bout f In • 0 • o t Nre. Coftran call c•t rooa. 11ch ••nn-thirt1 went into the 0 race head near d • a here. nn tt ly1 • rr1yal beard o h h • drove to t t it asked ' about at, • Bennet\ t. liv n • via t • Januar1 28, 0 Yi&it, • Co 1th 't better h nn in VS 0 - tl and • • • ppo vi • froa t.be tirat C next ni&at, in a taxica. 0 X anot.ber to ock, t lt. ahe n in h • not t • Bennett and h r tlJ �t :>.trf 1 •1.t y oD .. I lrl:t- "tl dill I e .) loq 'I .., • 1:o • d.1 rl3 rl • vo-rb 3':tenn 0~ lv • "I l l 'l V v· " l"' • ...v d I .. J: an.td rl d "I I1: d~ 0 0 . :)ti • 'I .., • . "l o1 • • 11 • vt ~ . .l I • I d a"'tr r,: . r t l3 lL • • ... l& ' • " ' V a l riJ .. • j ' • .. ' ,>looL • V.t'1 �' been t 1 i t t r r C t Y. • water; that. , and not 1 1n OU etbook, awallowed thea l 1 on; to l r t.o th· i 1 h to ; t 0 d l o f a tt • 1 ••arched, ial value wa• fo\&lld. Mrs. Cottman told the 0 in • Co t.he lo rev .1.ut h l t r -she • Cof • t en1 d hav- en "· • 1 week t n for. t • in 1 • labeled 11 dir c io w1 one t r 0 r .o r nne • ~ t iption, • hether ' t to pay all lawyer' ot r ired • Davia ti.d tees it 1 • r." t 'co • oc f a n t • 0 wit.h later nd • • and r. Hill, Ci. V " 0 r bout d a ty ician n 1 city, �l • .. • �erforme except Thay :found no ev1d•nce ot extern! autop.-ty. tu1 a _inuto cratch on th blood c vity; ha v~ i~a; in cla t-her t rue out, it had a ::i no blood r gnan~ ut r 8 1n no .:~our months no inj ry to th, elin_.,,. of air ln th pr en ncy in it found they ~ 11e heart, development. f:lS there waa hero w ing nor ial ; there uterus ther 1n the cervix; ue from t.he pl cent ti perineum; a p ec omin l ul po ition nd ap art~ ing th • On openi.ng the ca.v.Lty. intact of ve y amall n6 _. the. u~~r n of bet een thre lung d 1ent t,o the .Depil.rt eDt injuries and , stomach ot atholo , Univ r t7 I , for of Virgin! te any !inding indic .,tudy. icroecooic ave it Dr. By th t, an abortion nd findings na thats a had dioG • Bennett•_ the c u~e or as to s s • ls o inion from. hia death. x.am1nation h d he n a.ttem t d on J. ul ot ir ambolis. • Bennat.t m her•o lood st,o ped tbe b by jiedJ when t.he mother d.ied. the death _. air abort1o "I felt ~h.u 1 .. , the d Hti ~hat the death ot the te~ua waa caua4td b) lack of blood; the dio not 'L'he rnpo t .from there when[ th.a~ b by died th t the r.etue died as a result of the .noth ~r; !'l t.h.at the death olim, ~ the ~1r e bolism "carne from the attempted and t i•" -6- of th -othe cane of fro �• J .t • oor J: 3 ,. a o.C I • 0 'lO.t C l I ' �r. Hill te n th it r aid • 1 • * * As i n th r t1f1 d ~ ot l uy, H s din t t ut.erua t t o t i aetor• any o ·on t i jeet1 c b ri o ni 1r examined b7 him. • t r ry o 1 • d that en att d iv , r is t e t. h bf uc h, p R. n ti 1 d an t, r or or th 1- ied t. • With 't o hie been a.a to the reau t, of bi• y could pt d; t r ut rus ett' • V He t..estltia d 1n det,ail t1on and 1 n n • of th t the d o tollftd ir into th o . J tt 1 ur~ t, bortior. r, b Dr. C n a rtio t, C U nor t, h niv rsit t r ive hie c l eYidence had been 1ntr ot t the only thin1 conen th t and on y •" b d obeenati i C 11 • or c o tied t ti . t theN no evidence ot tlon o d becau y evi 1.. ence it I d b t.hey had no 11&terial r r t e in h y ch �1 l • w l ll ~ .:t.etl.1 di ldt eo r "to l U 0 • ol I u l 0 so -J;v 'l ·"' • I l ... t .t • 1 l: t 'l!J - .t l • l �!ind the cue o deat.b; t t t.hera waa no e or de.st.h wit - -n tbe organs they e_th n r ·boli r m mu t examined. nat.ion ot t.he c us 11 Ha i Lit J r ect the heart, brain or lunga; th t ··t tn autopey, before t e organ r order Yeine r I ·••n could h 11 ta V bolls .. 1,. -.ih. y hav _ tlie r evidence to t_h t He furth t C 1n this oaee "it ke it 1.-0 t w vut J r£ ct.ly/ h V no ct. n on era-. s- - tt t.h t nati.iofii, abortion by inject-ion of air into tbe ut.eru• 1•, p•rhaps, the in t.hi a.n c • bee u a~ ai injured• co bol1sm, but he ~id not. ~h nk it thy atudl•d 1 t;be entire Uuin 1n unl d no~ and th re ,as no injur7 It ,t, by air ot oa.use . e w· D of air e bolit.:• ., r iestitied, air ~ la no no evidenQe I'd lik dde d, y that. th t ody; in ·the veino to let. it Ther• 1 was po1 ible. en lll ce. • r th .t. we cu.n't cl brea trom hie examin t1on of ~h• uterus that. a1r r.h ct any ~ t ru ·ernov d fro l<l have ~o be ao - d there , 1D; th·t ·I r in th ha•• be et v of th ost ha uterus h d been to the 11ni~g. 1.he CQDt.enl.1on of ~h• defend.ant, ...- ·1 .a pt d st.atll , that. �♦fH 1 & l J -ila. •etr6 I 1 fl • Alf . 40 j 8 - O•utA •llod lll • Jl.S "lo e BA .. I i ~o b 1 .1 t. Q V-'1 Ml ·"' I f'itbf .. •IOl!ll.! ., rl.t • J-a R • ,J •1• . ~ V Jad.1 _;nl • IIO~ • h ~ ..to.ell• .J Ii nv'l. 9j nlJ, 1:o .b.Cuoo ~ .;r .J i;a l . allod• "' 0 •:me gj ve e 1 d ' .ao Dl 0 'l I •rfJ o.1 t'Wtal edJ' ~ b ava,t "( al J .[ £ t 1. l d#aeb ' • •~ ••ad '{Mill .,1 b ■ l.b Jnt #'1d l l rw d rt~ j loo a :t e .,,..•o!q x.e-• 0'1~ no ,be!ll'1 t lo ~ ee.a..o l l -Tari.1 'lo rtl BA a • ,bu a• C j l u II II • JJ "ll• l ., •~lL b•I e U 0 n ;t .. ,'l b ld.:t al a.M' ,1u ad~ 1.o ,7}. •j11m ~ ld e.d1 n.td:.tw dJub "10 r 'l . dT ,l o • u --:, •dJ" nl - b X: .r{ t!-'>•'l-sttq I ns eriO joe\~• a· 1 el ..Jl" eeau j ~ I "1 d.:te J l w + d :I PC ni iJJ:U!J yerll l o nla~d tl"lNd l b d.1 :w •·uui 1 .bed1AWX8 ;a 1 d :J ;eam,L ~ • J bts 03 on X !ne on •• a 'l•IU J- !J b. .. br1 , be "W tnl .t .11 �1 of all io lC C t Of e •~at.ute by t.hla eat to the d waa r i.c1al t.Ae irldiot.Mnt.; n ly tri t, her 1 ony ot the C ab, int • on* or r er, notwith b r o • ' C U deat,b, •nt ~led tbe • y the it uc d lt.h ottered not warranted· r d f ta1la tor two . a cont t o t.hat. ah• was inc.Ueted tor aborctu t or the c u i a e ny eyi ence as to the cause of 1th to ca.on 1 P n ubj o. C 0 t ' an election the court t.o er d t the at V t. well bet t.h• retua o the C were warranted under ~h• statute ny, testi t, ub t refusal l of the tiv ( ichie, 1 rl a ) , C t and the ihdict••nt. • c to c urt tt n e 'elo aent t. ntive SU an indic at.atut.e. 4 2 • o or uterogest.at1on h ~ 1: not c uired the l - �eau o lo ell» eh dJ o3 e tn ed3 ~•.::tne'l"ISW:on baa ~•d o# Lal:o.tbuta-iq "••.1 a J II u lo a.ew rt l 0 a•:,a.s.l'1.111UJ:,~.to b I I •'1 olbal (1.s "1041: tf. ""d1.lw3on ,~•b-1um ,01 J bel"l.:t 1tllsu1o• ••• bt'lli J:a,.! noJ:.:roee ..,o nu noJ:iJ ti.1 3:>tbal, 'l l w 3J'8 sod ll • 1 1: nclane d D d J rl r"r 0 no.ta la JJ1 "I edJ v lw J 'l 11.1 :ii ~ ,;1 rJ rta t!O 'ab .1.6 rl tnoLe\ euJ'eo'l h l lil a"I erl Jul: al J ~ , l (J ia ol JJ xree. 'Jr .( lU 'l.1 b Jn ;J '1 .d ,.,1 .a ol.:t ..t -- 'I 'l -r l l n.t'lo "l w • no1el.u x. ad.1 '1 r!.1 .tJ l J ..tc l J ,.J &rl.1 oJ II 3 ~~l .,J)jJ;J, • .[ ..,l ;t cu..ta e 8 t C:. 00 dJJ ,J .:t"l OJ rl I 0 ) I a.t no..t.,,od O"le au 'lo 1, n 1 �o r o a technical 1 c ion r c , tbt ri C an indepltD.dent. lit. i 8t Jr., on, c. 77, 0 . Smith.21:, t 1 • r 1, p. )12; CogmopwealtQ O 1 no pl h C in en of th is be .ot d troy h t 1 t, 0 _t. if uc tetua in dea h ot th use r woman' unborn ci i ther by 1 All. . 1010 . i ted there c pr: Vides y rt • idenc• It V. .' . J. • 5 ,. thie case, bortion • 1)3; Abrgp v. Fqahee• 3 I w 274, 1 It. ia tion w in medicine between i be are tl8\l&ll7 •rnonymous 1n law. r 2, ; r child p .2.t to , or r uc r in 11 n o c an abo ti C intent :rtion, to and 1 . 3, I 9, 1-. t, •t . 9 • where th• puniahment waa determined bJ \dleeiher death reaw. eel t.o a quick child or on• not qu1ck. 7), ch. 187, )670, thil reterr.d 1n r cti tout ' t.o a c. ~ t ly court tr011 1 tlnc~io, r. nt t to another the Cod• or It. waa carried h r urisdiotion and in o Cocle, l 87, It baa not been construe4 > .1..nt. cons ve not been similar l �d • ,s ..[ ■ t ... t ol".:n .o r • ! l ;,.: .. .. ,I 1 l t e,,1 't ,r .·:uJt:. . :) C \\' .{ 1. • • 1 .v J'.t b ed.1 lo .d.:rvb Jt:d j .1., "'{d t UA!> !) l w ol:t io1 • :J "' dll 03 lne.tal • o1nocf A 1 ..,ed.:to 1~ .- • e \ I, I • .t d "'I ,s .q J fv JJJ 1 ".c. • woq Wa3a D. .v OJ11'ld.A;((I t awoI elm..t ..s\l;l J J,j ••-l "'· • u n cJ ll lJ Il I Olq 8 ~ '{MU ~ ••bl.Y0'1Q 1 •YodS • Il io n"lodru.i 'n.a t lQ. bl.It 1{ 't.J d eb 'lJ • J • .J • • J l( 'l boJ erlJ: ~ r .:y r I 0 n.t J'O I Jal 8 ,■,: b ea 0 0 l: l: rl! I, L J.1! "J LJ •ttc :! j .t rl l Jnltd .:ton ■u1l.unl V If aW • lnloq .3'tt &'ta etf,:,· :J .t ll , i{. UIJ '< �tat.ut•• nor • 1 detined y ev . , ot C 0 I tr 1, o • nd t t,he bortion• an n l l s ~ !.l •• J. 6 be u less. not t.o It . )J , 1 9 •• ~at.ute ~ in the t,o ~ute. It on• an C c u in and the child," tho.e t th r 1110rde inten~ and "thereby deatroJ o i po -n ToQPlhlll .Sl7, the ·t e letl.la, r The 11 n, tactor. nt coTered, ohild," -7. ·h 1n ..ent l ot l • t t to 1a all-1.nclueiv ;, • I bort.1cn, A~wr~ 1,) . u., h intent ro.ibition the oft.be deetro7 ber wiboni for no c. or ion. UHd en • 1n 1 ny t, 0 which the . clear trca the l ch of ro uc included. 0 1 p y and he c. , h or to no int.ant • 1 d t tu p. )13. t t1on 4401 or t.ro cannot .·n ti .i ata~ute the o"" at.atut,ee are different, OO\Ll"t.8 l I.I by to woulcl orde ,ere uaed Ray9p Cgll 921.l?• • S~l. v. §t,AA•• ( under conat,ruct,ion Or. x i p. ) , 208 an abort.ion • • 516, • !ollowa �• y t l l l .. • l J . C 0 en SJl. -1 rl I 1 l L ,J t .t • • • ( . • • t' • • �"' or ion ff ant that 1• in br l rt 0£ y be CU , tor d bi■ ca. bri r n 1n he 11.. y_h tr h t, r. 1 1 u , to es roy h ti 1 . t rrow l h th r 1 D of re 11, r u io ovi • 01 r b·, th n ncy s th ltin let, 1 t, in f t 1th rer renc ' m h our 1 not ~ .in no • b t 1th intent.I o! h ot cti t ilt7 o an bj c r - 2- r, h l:t, ot ch • deat.h ot th d t ana us d t by h t. 00 to 11 h ·on o! otlon ri • til .rue y il are i l t ro. 0 d n unc d 1 1 cl res, tl child. ot nd 0 in th • cri 1 nl n unb rn ture hr It t.be means uaed with that int.ent result int child. h n ry con nee• it pl re •••• ction 41.0l--t --s t.ua or u i troy t. ortion, onl.7 \o preuture ~1rt;h. It 1 a ctod to t th ry 1 h l y d y the 0 connecti t tut. h. h y none lt t of bi t ditterent r r the court. Mid: t try r 1 ' 0 •'" the :x l d ..ch ho h to . 111 1 r int 1 in nded ki l sult £ �• l �h -- n d--tl 11ty or p tr the The rt.1 ma; ia 1n t WlCt. d ... ~o l t.o y in the r. l ' 1. • l d •• f ... v not her l i n n 11 C d b h r !.r t.o 1 • con"-.-.. r t • io , it n j 31., ' 1na\lf'f1c1ent. t.o proYe the 1 r i le • co ic round. it } . 10. t The probative value ol that evidence waa or the their 0 0 • ..~cti c. r t.ute i 1 g in rt th• 0 OW' re n an C uctio d t ju.nc"1 the i Ye tr ~ t, 1 0 1• xt 0 ..... 0 0 .:. o not h • C I h t d n. O or the c at,a'tute • used, t t ...l"l or the -ucti cc Yer t t d. t way. an v.nint.ended a~ id• ul , it d V C - 3- b ...!cult, o y ho gu.ilty u n ut 0 the av reaul ed in it 0 o ...ible, �l o ii b bn " .aL 11 "'l "I rli:t rw .1nt 0 U l . I 1.10 • ... l .. I • t �e l 1 n In t ir t ol l 1 C i ' . 1, it ph th on rn ohi ro., Bennet.t , 0 the mp 1 d. nn t, 00 1t , to d 'O uce committ. r nnett d h th jury With int. r.t. t ·n ort on or 1 y ct or on t o tion p • t "by any me r to i id l u ere h• e tro .. 0 C t.ion or 0 re ct rri ( to rn d 1 di d C of l 1 act I or n t.h t fin y th r 1 h id unbol ilt C 11 c~.r t vi ffer 0 d in t of!man in 1ct- 4 ment.." w t 1 o.1 ilty t n ub .itt kill d to d • r t int. t CU in tl 0 t th cone 1 0 1 n Lt. It did submit-that .ci t d run v. t t t d th rn • r i ..;1ue, but it 1 h th r - to d C de d- r th uch c ult bin un ie h t th ory, ·in -1 - h not nt1t o on nn tt es.troy id d j Co • 0 ild tt, r • ' y fo h erroneou ly th h 1 t ot ..,ur 0 ob 0 th t th t tro •ld h or. t. tt r It • not co . 1 ind r crap d b., t thy j ry t C ...ollo" d to •1th ld by • bl t tha\ V t • �\on J tf .1 .t rl.1 ~'l.1Jt t . l'l"l t .tJ Io~ l °?0 Lo o3 "{I 0 b a.talc;. oo !, l ,L .o .nol tr u . .t i L!"l.,&CII l ~ . .:t"Ul • 0 llrt bu 'l O"'l.:te b bo3 l ,t " l i.l' J od . .J :J • o b l.&l L b "lo tL "(d bewolLo'l oo LJ. s • 1 t l o t " I j ... - n , .t.t:1.rn �th tc d to t.h bm.tt tion the defe d nt waa or ..or 0 inter h . to on ~ ~ • ar tl i • !ctm qu ~tion th .1tt ~ t ::.o r tu·. ut Se f!.,lJ ~ u fin ,t ; the fir~ ch r .. d tt.er ·of la Q· to trike 1 r O- a.in ...t thi&: c1 r~ndar.t t n u.r: iJ t,h urt ·ill Ccr.~~ n ea'.Ith jud:l.<:1..:.. rerapee for the murder r c se of Mr • ner, i t I nd the ju to a bout it. be con<! rn d t ith Ficek a. 0 ue in thi ti xpren~ no opin1o .t it out illith it 1 c ·u t nor thi ' ai an i .... .nson v • Co m.onwealth. 1 he de fen • nt tri nlf2 !Ii !:ec:ond t no u .. :ion n0t i h-r evidence berore thfil jury related or th B nnct t , "'ti ch t_ C ctlllrg0n • TL· u on the and the cri a11ti'f[) f.:iUb T e • ro. acute ent below that n if.I �• ! �VIRGINIA: tk ~~ in Iva Rodeffer o/f!lkkwnd Davis against on de 22nd Monday Coffman, ~ o/November, Plaintiff in error, Defendant in error. 1948. Record No. 3452 Commonwealth of Virginia, Upon a writ of error and supersedeas to a judgment rendered bY the Circuit Court of Rockingham county on the 19th day of March, 1948. This day came again maturely considered said arguments ing and and filed complained and that the of with of. damages and also in error her costs of the record opinion, there that is therefore by counsel, of is recor~, the plaintiff parties, transcript counsel, the It the and the of the for considered that the expended about is Defendant in error's Attorney I s fee Printing brief Total ordered costs: to $20.00 24.75 $44 • 75 in the be/certif1ed to the aforein writ- judgment same be affirmed, dollars her defense herein. circuit court. forthwith Which stated pay to the Commonwealth thirty by her having judgment reasons is no error court said A Copy, Teste: Clerk. Teste:~k (~x~ �Writ t=a-x _______ Pr,in t i.ng__ _ Attorney's fee ____ Small fees ___ ..;.._ __ Transcript, ______ Printing brief ____ Total _ _ _ _ _ $ Teste: ~---------C. C. �:~~:d• J;~;;~~f!lt:£:'.:~:~:;i~~ 712~ 6492 of __ ~ ~ = For t ~:J.:1.·-:;;;f[,f1_; 1_:; ;, _; ;:.._: ~(JIN SETTLEMENT OF THE FOLLOWING ~ /4~)f : I ::: ACCOUNT I D~fu~ AMOUNT II, Pa? " " lert Deputy Clerk �- -- . - -..........~_,,. ................... ..... - _.,_. __......-... -...-- ------ - . - - -- .--........--- ................ ...,.......... -·---.--..---.............. - ....-....,,.-- ---..--- Id •' r 'l �In the Name of the Commonwealth of Virginia: .. To the Sheriff You are hercb~;f~mf,.andedto summon.............................. 0 ·······---··-- of Rookingham ···-· ·-································ ,f:=~=~~~~~~= ••• Greeting: ~:···::iij•·········- 8 ~i ---···························-··-························-······-······························-······· ------····-··-········------ clttnty, ·······························(J ·~······ ··•·••••••••••••• ------····················································· -----·to appear before"'the Judge of the Circuit CouJ..D.° f Rocqingham County, at the Court House thereof, at 9 :30 o clocq, a. m., on the.../.CTl.....day of......J~ 1 ~l· ..,........ 19.. to testify and the truth to ••• ;.·:·:··:~~·~:~:x~:c_~rr~~=~= Massnnetta Paper Co. Print NO. 5 ��Commonwealth of Virginia: To the Sheriff of Rockingham Greeting: t~~":~····································1_···············• ...··········LJ···t.·· ·;.;;1··············· ... f:. ..... r;/,... ........ ~l~..... You art her;/; comma~ ~....... ~7 ... J.., .... f.~·-;····lhn,_&1.V ...................... County, d:.41.ih..t. ..... ' . ••••••••••••••••••••••••••• ..•••••••••••••••••••••••••••••••••••••••••••••••••••••• ..···································••"'4••·················································· ···························· ..············································· ..····......................................................................................... . ~ to appear before the Judge of the Circuit Court of Rock.in~ at 9:30 o'clock, a. m., on tbe ....;/~~ County, at the Court House thereof, ....day of........................... ~,.···~···········........................ 19 .#,., to testify and the truth to say in beha/,f of the Commonwealth before the GRAND JURY ...................... • ,............................. ~.t! ·~'ft···..········t::)····..···................. j1f............'(D;;j}~·:•:~·~ ...... r:.. ·················~········· ........................................... ~ ......rr.d.~ .....~.....;o,,r..~ ................... , .................. . who ttamh charged with a felony 1'f4.~4eme.anar And this JOf! shall r,Qtgm.it unt/a fl.enalty of £100. And f?pve then and there this Writ. Ml!l,tlf)Clli ,y. Ho•lrk, G,,rm•naJ£'1 l~K.S /f"'ff'a~IY~ Y, ? ? -~ 11 Witness, '].. RQBURT SW!TZER C{w of our said Court, at the Clurt House, the .....'!I..~.~ .. day of. .....~ ............... ul//·• and in the ..{!L~ ..year of o TH ■ SERVlCB PUU 1 HAU.ISONBUI.C• YA, r .. the Commonwealth. .<:#effl-~ .., elak �IS Ill) C . .. -= i : 0 '00 .; 'O ;:: ;;:: .... 0 z '0 0 Jll ... IV 0 G) () as Q. ... ! ~ .s J:J CD r.l > c• .8 al gb a.-~ 4 -; ft! ... 'Q "'~ ~ .c £ ::., l ROCKINGHAM 8Y DELIVERING A TRUE COPYOF THE WITHIN~ TO .LH4nf4¥t4 9--:. --,-71-fu-//,l# IN PERSON. Ji1£'.i~ 14, ?Untte -1Pk/411t¢fo ""jd.J/'fl 4h11 ftf'>~'41. Jlf'.«/,, _d~,1 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon··········-······················································-···-··················-·························•···· THE SERVICB PRESS ��IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,.VIRGINIA. Commonwealth vs. On an indictment Iva Rodeffer number of jurors to the Court that in attendance to have a panel of twenty persons the trial of this case, it there upon this free c. Suter, Chas. Fauls, be summoned forthwith Ney, and F. Barth Garber, Judge. U/11/47. rf8l].ar jury to appear to serve as jurors aforesaid. in H. Taliaferro, whose names have been drawn from the current list, Court in order Warren Good, E. C. is ORDERED that Irving are not a suffi- from exceptiom, Wine, H. M. McCool, Homer Simmons, Julian F. (abortion) Davis Coffman It appearing cient for a felony �' �In the Name of the Commonwealth of Virginia: To the Sheriff of Rookingham as xsl &@.1.&...'.. County, Greeting: .t .. .t...............,J y OU are hereby commanded to summon.......·-···;·a._, .. CI::1~~·)--··· ;;vt;···-·· p ~~7--···-·········································-························-····· c=······:.../r....: ~E...t:..::::~·--- ...-...-....:~:::~::::::::::...-...-....-...-...-....:::~:::::::::::::::::::::::::::::~::::::::::::: ·-----------·------------·------······························ " f,t ------------------········-·······-··---------- to appear before the Judge of the .cIJi!.~ Court of at 9:30 o'clock, a. m., on the..//~ s«) Rockingham County, at the Court House thereof, of_....lf}::-~ ....... 19t/..f to testif]} and the truth to in behalf of n,ho stands charged with and indictedfor a felony misdern""""r. And this ]Jou shall not omit under penalty of £ I 00. WitneJ3, J. ROBERT day SWITZER, And have then and there this Writ. ftl:1-~:f~.:;;;::t· ' ,, _J:rL!&{____ 19.E/1, and ;n /!''. Massanetta Paper Co. Print ~ Clerk of our said Court, at the Court House, the....Lr!. .. Cle,; FORM NO. 6 �~£~~~~(~ ~- �In the Name of the Commonwealth of Virginia: To the Sheriff of Rookingham County, Greeting: You are hereby commanded to $ummon......V.'3-da Wl'!!.:!;~~.!. ..1 :N.Q.:r.~ .... ~.~.P.-_g.!..~, ~.!~J::~..J~_iller, ~..1tec.ned1-~•·-:alld··--Lill.ian ...ll~c,1rdy: -------·--~-·------------------------·······-·········· ··-······························· -------~-·-....,...·-----·-------------------·················· ----------------------------········-····-····---to appear before the Judge of the Circuit Court o' Roc/einghamCounty, at the Court House thereof, at 9 :30 o'cloc/e, a. m., on the..ll.tP.e.day of....... JJ....9.~~.Q~.r........... 19...47..to testify and the truth to say in beholf of the Defendant in the prosecutionof the Commonwealth again&.___--················-········· --------..c.-~- Iva Rodeffer ..·•·•• .. ..... Davis Coffman ••-••ooOOOoUOoO ·---·············-·········-··-------------- who stands charged with and indicted for a felony ~ And this you shall not omit under penalty of £ I 00. And have then and there this Writ . J. ROBERT SWITZER, Cler/e of our said Court, at the Court House, the........ ~.~A .... . day of...... Dec.emb.e.r.,............. 19.li,7...., and m the ..l.72.n-d ......... year of the-Commonwealth. . Witness, ·····•-••4 Massanetta Paper Co. Print A, v,, 17 ••••-i1::i ....+t .........~.. - ·····················• f. FORM NO. 5 - 1 (!;I �Iva Rodeffer Davis Coffman ads. Commonwealth Francis s. Miller, 1947 December 11 p.d. �In the Name of the Commonwealth of Virgini3i: To the Sheriff Albemarle County To the ~~f~[/1/~ You are hereby commanded to summon Dr• J • R • Cash,.... .!................ . . ........... --------------------------------··························· -------------------------·····················································-·············· ------------------------- -------··························· ------------------·----------------·················· 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 thal..lth ...day of.... .ec.e.mb.e.r., .......... 19.47...to testify and the truth to say in hehalf of the Defendant in the prosecution of the Commonwealth again&---····························..... Iva Bode!fer Davis Cof!~----------···················------···-·······························································-········· who stands charged with and indicted for a felony ai~X And this you shall not omit under penalty of £ 100. And have then and there this Writ. Witness, day J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the......... 8.th... ·~:~~:1~r:;;;l.~~~: o/.•••••• llec.embsr.~........... 19•••• 4.7..,and in th:... Al: Massanetta Paper Co. Print ,,.~ - Cler1i ~ IL �IVA RODEFFER DAVISCOFFMAN ADS. COMMONWEALTH 1947 December 11 �VIRGINIA: Appeals In the Clerk's Office of the Supreme Court of at Richmond on the 29th day of July, 1948. This is to certify Iva Rodeffer Davis that upon the petition Coffman a writ of error deas has been awarded by one of the Supreme Court of Appeals rendered by the Circuit the 19th day of March, Court 1948, Commonwealth of Virginia a felony; said discharge the petitioner or to release supersedeas, her bond if and superse- Justices of Virginia of the to a judgment of Rockingham county in a prosecution against the however, from custody, of said on by the petitioner for not to operate if to in custody, out on bail. Test~ Clerk. To the Clerk of the Circuit Court of Rockingham County. ��INSTRUCTION _j__ The Court instructs in this the jury case, beyond a reasonable that if they believe doubt, that Kerneda Bennett was pregnant ith child on January 28, 1947, and that Davis Coffman, by a[\yi means, with intent produce an abortion or miscarriage did aqy act or acts to destrw Kerneda Bennett, or acts, destroying on that date the accused, Iva Rodeffer to destroy on the said Kerneda Bennett, said child or commit an abortion committed or on the said .of said act then they will find the said Iva Bodeffer Davis· Coffman guilty said unborn child,as the evidence in this instJ:Ut:ts hlle jury . case, beyond a reasonable child of the said Kerneda Bennett or to that or miscarriage, as further from the evidence that such abortion if they believe to destroy the unborn roduce an abortion or miscarriage said child or commit then they will find her guilty charged in the indictment, from doubt, that on said date on her, committed or did aqy act or acts to destroy such abortion of charged in the indictment. Iva Rodeffer Davis Coffman, by aqy means, with intent #If said unborn child or to and the ssid Kerneda Benrtett died as a result And the Court further abortion, from the evidence of attempted even though they believe said attempt did not destroy said child or ~roduce or miscarriage. ��~ INSTRUCTIONL The L:ourt instructs is an apparent unfinished viz: (l) The intent the jw.y that an attempt in criminal crime, and hence is a compound of two elements, to commit the crime, and towards its commission, but falling design. It need not, therefore, (2) a direct act done short of the execution of the ultimate be the last summation of the crime contemplated, ap arent~ law proximate act to the con- but is sufficient, adapted to produce the result intended. if it be an act ��~' y.f (!_ INSTli'UCTION The Court instructs reasonable inferences the Jury that from the fscts be founded entire:cy- on circumstantial the guilt of the defendant you can and should draw proven. evidence beyond a reasonable A verdict of guilty if such evidence doubt. ~ shows ��INSTRUCTION The Court instructs the jury that the burden resting Commonwealthto prove the accused guilty offense and eve-ry material does not mean that guilt beyond all reasonable element thereof, it is necessary doubt of an charged against the accused, for the Commonwealthto establish of the accused to an absolute of mistake or to do more that satisfy as a whole the accused is guilty upon the certainty the jwy thereof or beyond all possibility that upon the evidence beyond all reasonable doubt. the �' �INSTRUCTION The Court instructs soleJ,y upon the question riving at a verdict the jury that the issue in this of abortion or attempted abortion, case is and in ar- the juxy must not undertake to pass judgment upon the accused for the death of Kerneda Bennett. �" �INSTRUCTION The Co~ testify creates or innocence, is entitled instructs the jury no presumption her failure to consider. against to testify that her, the failure of the accused and in considering is not a circumstance to her guilt which the jury ��~ KI The Court of an accomplice instructs the jury must be received accused, that with against the either by fear reward, you must weigh her testimony the great testimony care of punishment very carefully. and caution, or hope of ��The Court convict the accused consistent instructs the Jury it sufficient with her guilt, exclude every the evidence that considered creates all hypothesis after guilty; then for it that weighed, in this convict. Evidence be proved which the of every of several however strong, is never tends for theory which invests it or hypothesis however, great is guilty find satisfied beyond all of the crime charged her not guilty. ~ against all some other leaves to theory exclusion with the it uncertain or establishes such evidence the Jury reasonable to assuming the probability the evidence of sufficient is the actual is true, amount to proof, if from all or conclusion mere circumstances and where the evidence theories and a verdict to prove, of one theory, they are with of the crime where, in favor case, be if such evidence is never sufficient, evidence analyzed is guilty more probability this consistent to justify be true; of truth; case, the accused may still other evidence and actually only an inference is not sufficient suspicion, or hypothesis the or theory having the evidence suspicion charged, that to she can be innocent. in the minds of the Jury or strong in order but it must go further reasonable Therefore, force is not that which only cannot may be; hence in cannot doubt him, it that say that the accused is their duty to ��The Court instructs Commonwealth to prove, essential doubt be raised is decisive a verdict crime necessary by the that has not and narrow the burden reasonable charged to establish evidence, or lack the form prescribed every guilt such the since accused, that the guilt in the precise, by la~. of the of evidence, means no more than been established doubt, is on the and if any reasonable and the Jury must acquit of "not guilty" of the accused specific beyond every of the of any element accused doubt element the Jury �.. �The court accused to be innocent competent evidence, sumption until at every sufficient that her guilt goes with and applies is always the Jury beyond all of innocence whole case cases instructs is the law presumes established reasonable doubt. the accused stage to turn the by This pre- throughout thereof, the and in doubtful scales in her favor. This presumption of innocence is not a mere form, to be disregarded by the Jury at pleasure, but is an essential and substantial part it of the law of the land and is binding is the duty of the of this presumption beyond all should reasonable acquit ~ her. Jury to give and unless her doubt by the upon the Jury; the accused guilt the the full and benefit has been established evidence in this case, they ��INSTRUCTIONL The jury are further instructed must alW8f S be scanned with great of guilty unl.ess the circumstances tendency as to produce in a fair caution, that circumstantial evidence and can never justify proved are of such a character and unprejudiced of the accused, beyond all reasonable jury believe from the evidence that ~ach and every circumstance a reasonable M--- and mind a moral conviction of the guilt to the conviction a verdict doubt, and unless the essential of the accused has been ma.de out and established, doubt, then the accused should be acquitted. beyond ��~,.....,►,-•·· rJ-; l Zl I ... ,__ ·------ 4 - -----•--""'- �•. I I I. I I .. ��• + ��I l �.. .-~ ....... -... - ...... ��-·-, •• ·• ~ w ezavWti£1TtMf1Z®~~iifllilM• �The court find a verdict instructs upon the unsupported such evidence is to be received in this warns the case, the on the unsupported jury testimony jury that, while testimony with great of the danger of an accomplice, caution, of basing of an accomplice. they may and the a verdict court, ��The Court evidence instructs in the case, both for the Jury, after evidence, the arguments ference element she cannot the Jury that entertain necessary be rightly if upon the whole Commonwealth and the accused, and deliberate of counsel among themselves, any essential accused, a careful the consideration and a f'ull and free any reasonable to establish convicted of the con- doubt the guilt as to of the and you must find her ��The Court instructs ponderance of the evidence defendant, and if there fact or circumstances cence theory tending to establish a part and the Jury arriving conclusion at their true, verdict most favorable in this then evidence it to adopt in favor entertain a prethe on any the guilt of which is in favor should case to convict in the of the Commonwealth and a part as to which is that is not sufficient is a conflict of the defendant, of the defendant, doubt the Jury or innoof the of the theory a reasonable is the duty of the Jury the evidence, to the defendant. theory and in �♦ �VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY. COMMONWEALTH OF VIRGINIA, vs IVA RODEFFER DAVIS COFFMAN. ORDER. On this wealth of Virginia in person period the said therein tion defendant is acted permitted order FRANCIS ATTORNEY S. MILLER AT HARRISONBURG, LAW VA. by order in this of the Court. the Common- the defendant that within it further is ordered suspended time to present of Virginia, Court. of exception that in order until until to to the Su- Whereupon the defendant recognizance on mo- execution a petition and thereafter under her present the Court of March 19, certificates case be further •, on by said to depart appearing of this has prepared .......... .. the defendant and came also and it of the, d.e1'.~:Q..<,\~t.,,. b..y~ounsel, • came again and the same have now been duly signed, preme Court of Appeals tition attorney, days allowed mentioned, of the sentence allow by its and by her attorneys, of sixty 1948, 17th day of May, 1948, such pewas further ����~ II ~-- ~ k- ~ d:iz ~✓ ~J-v~~~~:-.,: U!~. ~~ br~~~ ~- ~ ~~~ ~~M't,?~ ~~ ~ --- ~ ~~-y ~~ ~ 1---~1!~ ~~ud,,t'~ ~ ~~4'7 ,l,i--a.-~p 1r l-~r- 12 "~ - -o ~ UJ. L-l~~ ~~ .. �------· +- I+ .... .L.. .... +· �IN THECIRCUITCOURT OF ROCKINGHAM COUNTY, VIRGINIA COMMONWEALTH v. IVA RODEFFER DAVISCOFFMAN If you find the accused, Iva Bodeffer Davis Coffman, guilty ducing an abortion you will S83" or destroying an unborn child, of pro- as charged in the indictment, so and fix her punishment by confinement in the penitentiaiy for a period of not less than three nor more than ten years. If you do not find her guilty an unborn child, to produce an indictment, tentiaiy of producing an abortion as charged in the indictment, or of destroying but find her guilty abortion or to destroy an unborn child, as further for a period of not less than one year nor more than five years, by confinement in jail If you find her not guilty, ATTORNEY ATLAW or, for a period not to exceed twelve months. HARRISONBURG, VIRGINIA charged in the you will say so and fix her punishment by confinement in the peni- in your discretion, LAWRENCEH. HOOVER of attempting you will say so and no more. ��COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand jurors for of the Commonwealth of Virginia, the body of the County of Rockingham, . Circuit oaths Court of said County, do present that 28th day of January, and wilfully at its in and and now attending April term, the 1947, upon their IVA RODEFFERDAVIS COFFMAN,on or about 1947, in said County, unlawfully, the feloniously did use and employ in and upon the body or one Ker- neda Bennett, a female person then and there pregnant with child, I a certain instrument, grand jurors said unborn abortion fully, the name and character unknown, with intent child feloniously duce such abortion then and there of the said Kerneda Bennett or miscarriage, and then, and wilfully there she, of saving the life her said unborn child, of the said against the and to produce the said and pro- Iva Rodeffer in good faith, Kerneda Bennett the peace and dignity with inor that Fristoe, This indictmer ATTORNEY ATLAW HARRISONBURG, VIRGINIA testimony Dr. F. L. Byers and B. L. Kiser, Court and sent before LAWRENCEH. HOOVER is fo~nd upon/a the grand jury witnesses of of the Com- monwealth of Virginia. ✓ an did unlaw- such unborn child Davis Coffman, having not done said act tention to destroy and thereby destroy or miscarriage, of which is to said of Monroe sworn in to give eviden~e. �~.. F. L. Lawrence , Byers H. Hoover B. L. Kiser Dr. Monroe Fristoe sses: f5ttf1L True Bi_).-1 "!; Term, 1947 Commonwealth's Attorney A April Felony: IVA RODEFFERDAVIS COFFMAN v. COMIDNWEALTH A!iQRTION �~OMMONWEALTH VS. )4rar DESCRIPTION ~ffe..- 4?~ ~e,4~,,(, OF PRISONER Last kn~wn address------~~-f.~,-------------------------------------------- 6~ Color ___"](JI:.___ Height__!l,_ Eyes_f].,l.,1..11-:_ Hair _lJ~-l..r Weight!/_ 7-k____ _ Marks __________________ ·----------------------------------------------------------------------------------- £:3-_ ____ --~___ _ Age___ Date of Trial___-~ Result ___,--~ ft(';J..,... _____ ··-_________ ~ ____________________ _ Occupation ___-~- __ ~J1: :'Lf rf_Y-_-----__--------____ ---___ -----_---____ -___ _ - - ./k:.l('k_..-__ - ------------------------------------------------------------------------------------- �◄ �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA, November 27, 1948. Commonwealt;h On an indictment vs. Iva Rodeffer that the judgment of this by the Supreme Court of Appeals, er Davis Coffman having this nizance: is considered therefore, it day appeared Davis Coffman be committed connty until she can be delivered therein in the manner directed as ascertained court and the said pursuant by the court Iva Rodeffer Penitentiary, (abortion) Davis Coffman. It appearing affirmed for a felony to the jail to an officer to be held and imprisoned herein. Iva Rodeff- to her recogthat the said of this of the State and treated by law for the term of five by the jury has been (5) years, ��VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY. ) COMMONWEALTH OF VIRGINIA, ) ) v. IVA DEMURRER ) ) ) ) RODEFFERDAVIS COFFMAN 'Ihe said defendant says that at the April Term, 1947, of this of a certain instrument miscarriage and for grounds grounds to be assigned 1. of demurrer It offense or an attempt the use abortion is not sufficient the following at the bar of this returned or 1n law, among other Court: from said indictment whether is the substantive to produce an abortion, or and battery; 2. the offense assigns and charging to produce to have been committed of abortion, an assault Bennett, does not appear the crime alleged Court, with intent of one Kerneda the indictment It does not appear alleged or a misdemeanor. from said indictment to have been committed constitutes whether a felony �D E M U R R E R ~-~.' t· I"-&,I,,.-FJ 7','7 / IVA RODEFFE.1t DAVIS COFFMAN v. COMMONWEALTH OF VIRGINIA. VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY. �ot findir ~ of O T-1. -~~------a1: abo.d.e.. Executed ····--~~---"'l~~------..__-'- hls usual ___ by delivering a �,.,. �:: ;~:ae::c~::7,e a~h:~u::e;:.~:~;~~~c~~: C:t~~.~~.~°.~Tu: to testify and the truth to say in behalf of the Comm~~::{ ~;]t ~:~.~.:.• ..~~.~~~.~~~·r•t·~.°.:~e 1 against ............ ~················-&,,-··..,.,_··········•· • J;;iJ /2aJ:Jiulil~ ~~= who stands charged with and indicteJ//Jo; a felony • . And this youA_hall I)J)t <;>Jnit ,undet.py;palty of £100. And have then and there this Writ. l,;.~~f(TC! I:. tt· tfoa,Ei<, \:.am it, 0 n,..w_fII tf'#'.S ~rt'oZfl)E'(, I Witness, J;:i:08!!' 'f 'S'd'/ JTll!:~,Ghiw.of our said Court, at the Court ¥louse, the.._.../.O.tt:1. ..... day of ... 1:~ ... :.... , 19 '/ .. , and in the I .t,,1-yea, of the Co;~ .............................. THE SERVICE PRESS ~: ........................................,~ ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon.._.:............ •-······························································-···················-·············'"··~· ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••n••••••••••••••••••••--~•••••••4••••••••• •••• •••••••••••••••••••••••••••••••••••-..•••u•••-••••••••••••--••••••••••u••• .. •••••••••••••••••••••••••• .... •••••••••••••••••••••••••••••••••••••••••••••Ill"••~•• .. •#-••••••••••••••••••••••-•-•• •••••••••••••••••••••••••••••••••••••••••••••••••••n••••••••••••••••;a,_•••••••••-•~ ..... ~__.,.,,,,,,,,,,, •• ,, to appear before the Judge of the Circuit Court of Rockin ham County, at the Court House thereof, at 9:30 o'clock, a. m., on the./~. day of.. ................................................................................. 19.-'!/{' to testify and the truth to say in behalf of the Common ald against.._....................................................... . •··.·.··•········~~E~~········ ..... •..........•... ••.. ••••• who stands charged with and indicted for a felony And this Witness, .YQU THE SERVICE PRESS . §.hall not prqjt under psnalty of £100. And ha~ then and there this Writ. ~(J/'l(ErreE H· Hoa()e.~ l!,f/)']."1d J.ft:O.MEtlI @PWIT~E:R!, uutli::ot our day oL ..~,,.....--, • q.., 19.. r/W~l:Uf-H'.S H#dertJ.V.1 /.. :II~ said Court, at the Court HcS'use,the ......1'!!':':: ........... . and .in the 1 /.~. ear of the Commonwealth. • •··............................... '<Sil.1~~~ ~~ �~ }~ ~ ~ ~w t .t t �S~ARCHWARRANT and occupied b to law, and that such information was received through a reliable person, or that he has reasonable cause for such belief. These are therefore, in the name of the Commonwealth, to command you forthwi~n the ;z above described and there diligently sean:h for the said • the Wd ~"- •y,: :rg upon such search t_o ...J...+.__ Justice Court of w·L_f.Q~~~:;d,~~.c,~~)_·to or dealt with according to law. And this you shall in no wise o Given under my hand and seal this a •' and if the same, or any part thereof, be found the same, and the person, or persons, in ~~ or night ~ter k f« clay o,L __ ----,j4--~~~~~~I-J.....,,L_,_,-~ found, before the be disposed of �.. ell - 0 llil ~ on ittPe:::::Je.y,_=day-" -t,F--~t,,}r scribed premises and sei ing the folio ·ng: I l!C ~ ("') ~ m the,&~ s: z :r: The withln warrant executed 0 Ul t%2 z> r 0 ~ ~ ► ~ = 0 ~ < ,... ,., 0 ,... z,... ► nf ~..., ,..,~,t9S;z,' by searching the within de- ~ �COMMONWEALTH OF VIRGINIA, COUNTY OF ROCKINGHAM, to-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand for jurors or the Commonwealth of Virginia, the body of the County of Rockingham, Circuit oaths Court of said do present that 28th day of January, and wilfully, acter County, 1947, in said grand body of one Kerneda Bennett, with child, tent then and there said Kerneda Bennett, having Kerneda Bennett dignity j LAWRENCEH. HOOVER ATTORNEY ATLAW HARRISONBURG, VIRGINIA did use said the abortion or to destroy pregnant, she, not performed said the intention or that the said the said act of her unborn in and upon the then and there instrument, child child, preg- with in- or miscarriage of the of which she Iva Rodeffer nor employed of saving feloniously the name and char- unknown, person the Davis said the life means in of the said against the peace and of the Commonwealth of Virginia. ✓' This indictment Monroe Fristoe sent the 1947, upon their unlawfully, instrument, a female to produce and with term, County, jurors then and.there was then and there good faith April by means of a certain nant and now atiepding IVA RODEFF.ERDAVIS COFFMAN,qn or about of which is to said Coffman, at its in and before ands. the grand is /nd upon H. Callender, jury to give the testimony witnesses evidence. of F. L. sworn in Court Byers, and �) Indictment {j. Attorney. I Foreman Lawrence H. Hoover Dr. F. L. Byers Monroe Fristoe S; H. Callender eommonwealth's f3• '{j. . h:ulP Term, 194~- Witrsse,s: April Felony: ,4,-.., IVA RODEFFEa,PAVISCOFFMAN v. COMMONWEALTH ATTEMPTED ABORTION �OCT 1948 COMMONWEALTH V. ) Felony (abortion) IVA RODEFFER DAVISCOFFMAN ' . I I I -- �L 13-~I; ,J a:.. .,lf_c.J_ r ~ )-- LiJI~ 4 ~ ~ J<-u~,t~~ 1 ~ -U,.-C<..d~ rr ~ f'- ~, I, }-";,t 7~ 1 ~ ~ ~~.-a. r 1 ~ w- t:,&oPi--~- ~~ >r~ Io Cl/~ 13- If .Rt~-i£ <YI~~ f I 1---- ,Lr-..,,,, ~ ~~/4~.t_, r7 �~ II~ k~a:zz~.,:1 -- - ~J-v~~~~:-.,: U!~. ~ ~~ br~~~ ~- ~~~ ~~M't,?~ ~~ ~ --~~ ~ 1---~1!~ ~ ~).J4'o/ I-~ r_4atr~ ~ ~~-y 1r ~~ud,,t'~ ,1,,i-----~P . - o~ UJ. L-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 Iva Rodeffer Davis Coffman Subject The topic of the resource Felony Attempted Abortion Murder Description An account of the resource Defendant charged with felony attempted abortion. 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_015_001 Coffman https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_003_commonwealth-v-jackie-hensley.pdf 4fcf06c8031e9f6aefa8468dc32a8192 PDF Text Text G. H. Parent Co. Ashlond, Va. F N orm o. 777 ~::.::.:::.~~:fl ~:-~•:_K_gI_i;_!_:_~L _______, Circuit In the said Court of to-wit: April county Term, 19 County The grand jurors of the Commonwealth of Virginia, in and for the body of the Rockingham , now attending the Circuit May against her, or about , in the year one thousand nine hundred and the did , feloniously her will, said county Court of the said within twelve months prior to the finding of this indictment, to-wit, on~ county, of JACKIE H:ENSLEY upon their oath present that said 55 with Evelyn seize, intent take to extort and detain the 15th day of fifty-five and in the l!;velyn Dale Lam money or pecuniary benefit from Dale Lam, against the peace and dignity of the Commonwealth of Virginia. Upon the evidence of E've lyn Dale Lam, Deputy Sheriffs Melvin Hoover, witnesses sworn in open Court and sent to the grand jury to give evidence. Dewey Haney and �AL'fH /rl George D. Conrad Commonwealth's Attorney A TRUE BILL ___ ,_____ _.___ ..,_ FELONY HENSLEY --- l { INDICTMENTFOR A ~ JACKIE vs. COMMO'J'{WE J,o �filedIn the Clerk's ice Rockingham Countv.v ~rf19ss ~~Clrk VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY ----------------COMMONWEALTH Bill v. of Particulars JACKIE HENSLEY ----------------The Commonwealth expects on the 15th took Evelyn day of May, 1955, Dale Lam in his north of McGaheysville cabin burned, force and detained leather barn belonging her against and then to her aunt attempted from her by force period her her, $2,000.00 a broken her with site of an old and against assault to Coleman's the woods where articles such pictures; 5:30 assault when she attempted and took pictures or certain a physical force Lane and into to exhibit and threats, by physical and thence by physical of her and that to approximately her will, during on her which George D. Conrad Commonwealth's Attorney LAW OFFICES HARRISONBURG, VA. • and of property ear GEORGE D. CONRAD miles John Hopkins by tying to the six where he made a physical her from approximately he committed to suffer her that Hensley, where the her will clothing by threatening Jackie he took her drove to Piney of her to extort he detained p.m. her and thence he removed part location against Lane where he detained accused, evidence car from her home about such place and made threats to escape the to the and at and rope, on her to show by the 7:30 which caused �---- ---------------- �VIRGI lIA! IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY COMMONWEALTH OF VIRGINIA vs. JOTICE JACKIE HENSLEY TO: Honorable George D. Conrad Commonwealth Attorney Harrisonburg, Virginia You are hereby at lOtOO o 1·clock case will, require th t on'Friday, notified A.M. the defendant through his you to file attorneys, a Bill in the above move the Judge styled criminal of said setting of Partioulars 22, 1955, July forth Court to the follow ing 1nfonnat1on: l. ployed Them nner, by the accused-in ·2, The manner means and instrument seizing, taking litiea used and detaining or em- Evelyn Dale Lam; of having detained 3. seized, taken 4. seized, taken 5. Evelyn e place of having pecuniary det T ined·Evelyn the defendant of money from Evelyn is aoouse of having Lam; is accused of having -l- the did defendant is accused le Lam; tha defend nt is accused Dale Lam; xtort money or other Dale Lam; of time ,• hich from Evelyn the defendant L is accused from Evelyn to extort Dale hich bonef it pecuniary Th~ length defendant Evelyn Dale Lam; to extort Whether Dale when the defendant The amount the Lam; Evelyn and detained benefit 8. here The time intended 7. Dale and detained of having intended 6, and means by which the defendant is accused of having ��Given under our hands this 19th day of July, 1955. aokie Hensley Delivered this to the office 19th day of July, 1955. of the Honorable George D. Conrad, I I ��Commonwealth v. Jackie Hensley CHARGETO JURY If you find the accused, kidnapping with as charged in the punishment at death, for life, penitentiary or, intent to extort indictment, not less than Hensley, guilty money or pecuniary you will or by confinement in your discretion for Jackie benefit say so and fix his in the penitentiary by confinement three of in the nor more than twenty years. If you find more. him not guilty, you will say so and no ���I ���[vi'-- Tu I" W.Y!?1- 1 ltl aUAH 1qc,c, / ~ ~ Ju. ff~ / , / �1!illthm -. ~irgitt ______ _ �--- r t t .l ep OJ 3in ° JovTH 31-Vl.f - IV o R Tff ~ ��N<! 12068 .. Deputy Clerk ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: 1.a..~ .................................................................... . You are hereby commanded to summon .......J..~.S..S..e ... McGaheysville, Va. .•·•· .................................................................... :a. ~r.9J.cl...A-!t;i.i.y ................................................................ . McGaheysville, Va. to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, a~ii(9clock., say in .... behalf ... ·················· a. m., on the ..2.9.tllay of the Defendant .............................. of. .......J.ulY, ................... 19 ..5.5to testify and the truth to in the prosecution of the Commonwealth against........................................ .-!..~.~¥.?:-.~ ... g~~~:l..~Y.. ................................................................. . who stands charged with and indicted for a felony ]fl~ 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 •...4.9.th .......... day of ......J..1µ..Y, ..............19.5..t, and in ilhe 1-$.9 �-<, i~) I - ,..:1 Juc26 195 Sl-ffR1rr'SOrr, (.~- RocKINGl-fAM -:..-). couNry -I ~~ / --01 COUNTY Ot U TED2-zP.T~HE A TRUE ~lIBC • BY DELIVER ROCKINGHAM HiN~--f!f}/2__, co1];::JJJ::,-11~r f)-,,.,P. -, TO ERSON • j,//t!P �Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .............E.Y.~Jyn. ...:P~.l~ ...½gm; ....~.nq....P..~pµ,t_y .............. .. ........ ~!1:~.!.~.f.:f..~ ...P.~.~~.Y..~.?.~.~Y. ...~.~~....~~JY.t~...~.~.~.Y.~~··················_.······································ to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at IO o'clock, a. m., on the.13 ....day of........ J.un.e..................................................................... 19 .55., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ..................... . vs. JACKIE HENSEEY ··•···················································································································· who stands charged with a felony ~floX. And this yott shall not omit under penalty of £100. And have then and there this Writ. Witness, ]X.R.~K/1<00~~oembeX?X'Yl!J~5@m, day of. ........... THE SERVICE PRESS, J.u.n.~ ........... 1955. HAP.RISONBUllG, YA. ..................................................... . .., and in the ...l.7.9........ yea at the Court House, the ..8.th ............ . �SECUTED G-II -,{ ti ,'IHE COUNTY-~ ROCKINGHAM BY DELIVER SHERIFF Jft)Cl<INGHAM COUNTY ~ I):) (') p 21 ---: /'Cl +-.\i / '~ l)--- (/', '- /__/ ::,g:r: <'. 0 m C:: C") C) 2:! ::z ,..,, 0 2S ~ ('""'J C)o ~ .... (D :r:..,., )>..,., c.n 3:: 0 c.n I-'• CD § ::r: I):) CD ::s ::s Q, (I) CT I-' < \..,J ........ 0 •• I-' A,.__ m f.:7,-: 0....0 0 Vl. Vl. ~-II .a . I):) ~CUTEDlz-11-~)IN 1-3 r,:;' 0 I):) 00 CJ ~Ztl) 'l:HE COUNTY ~t ROCKINGHAM BY DELIVER TRAWDERMA SHERIFF ROCKINGHAM coom, .<: ......... Q ~ en $1 CD C<1 ~ ~ C<1 g> a s 0 ::s c.o 0 0 a a0 ::s z CD I):) I-' CT p' �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby co • e name of the Commonwealth of Virginia to summon _________ _ , to appear before the Trial Justice Court of said County, sitting ---~,,....,,1'~--~_day of ~ at Harrisonburg, , 19 _.-~ at the hou, of ,.1.-£ Virginia, )r.,__ m said County, on of that day L<-✓ -==--------------"---------------------- to give evidence in behalf ofL--~----""--'="--··-· in the pending V. case of _0~:.....~*--''-4, _ _,.,,,. ____ ea;_:~" ==y hand this • ---,-------i----=-----ic..:...------------------- if iL -Gl.ez;k. Subs. Clerk 7-52-SM-Garrison �( '~ I~ ERSON. "' ::3 Cl> 0 ',:) C: O" r.n ff) ff) Cl> ::3 r+ ~ ,-._,-...,-... :< CO]fN)F TO ]f;;JaJ£-~~-~------ .. 01 \~\ / . ~*~ o&~ ff~~ t_ C I ~ 9 Cl> ; c-• \'. r> b\_:~.11'£~0-~B.f ~ /S ~ , ,,,~,{~ 8 A TRUE ~'5~~~~~ ROCKINGHAM BY DELIVEWG .C.:XECUTED.'2.:-J.r.~5:fN THE COUNTY~1: �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: Commonwealth You of Virginia to summon _________ to appear before the Trial Jus ice Court of said County, sitting at Harrisonburg, Virginia, 111 said --(j_ -J~ t. J ----~,_,__,~-day ,oL.._ __ __,'-'-...,..~1-----, 19~, at the hour of_-._,,.../.dl!_ ___ lf:::= __________ j to give evidence iIJ. in the pending _ County, of that day (~ ~,1.L case of -~-~-----------,-------,-------,--,----------------------- \ V. -t:lukSubs. Clerk 7-52-SM-Garrison on �_,,.._ ::I Ul Ul ~ tJ I ~ ,... :< .,- ~ ~ t ~ ;::i r 6~ '::- =~' '> ~ '1 -:,- /f·;"·./ ~~~ ~.~,-~\ -'-1 ~~~ {'~~ - \ o) ~ --· ~ ..<'.. u' y> <"""' E ~+- g::,;",'\\ ~~ ~~ 0~ ~~ .,.... ~ ~ ?.- ~- '6 i,j\ ROCKINGHAM COUNTI PERSON. ~~~THE-E.!N;j,,-, ROCKINGHAM BY DEL .&XECUTED 5::,1-!,:') .lN THE COUNTY01' �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: dge of the Circuit Court of Rockingham County, at the Court to appear before t House thereof, at 1 o'clock, a. m., on the ..............day oL ...................................... , 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. And have then and there this Writ. Witness, J. ROBERT S frrZER, Glerk of our said Court, at the Court House, the ,r ..............day of ......................................., 19 ........, a '-----Cc:~~'---~>""c_~~~--~~:::::::--:~:.::-THK SEI.VlCE PRESS• HAJ.USONBUI.G• YA. ��,. In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon _______ D.r._._ ..W..H....J~J..Ph.9li,on Dale Lam De~uty Sheriff ••• _.::;..;;.,;;;, ...... ,.;;;,,;;..,;.,1 .••• Melvin Hoover and Oh--··-··--•-·--·--·-•·---------·•-···•·--·•--···-·-----·••-·-··•----····-··--····•······-·--··-·····-------·--···-···---·· ,....._Y.~·--rr···· eputy e 1 -·-Dewey HaI?,e1,___ ·-·····-··-·--·-·---·------···--··-··--·--··-···-·-··--·--·····-·----···-··---·--·--··--·----·--··---------·----·--··---- to appear before t~. fmlge of the Circuit Court of Rockingham County, at the Court House thereof, at._ o'clock, a. m., on the __ ?.9th.day oL.·----~~J;y ___________ ··--·---·--,Hl.:?_?., to testify and the truth to say in behalf of the Commonwealth against -·---·----------·-----·-····-··- --··--------·---·-·-------··-··--------····-----·JACKIE._HENSLE.Y ·--···-··-·-·---------·----···----·-------------·----·------·---·-·--·· who stands charged with and indicted for a felony ~.cam And this you shall not omit under penalty. And have then and there this Writ. ·witness, .J,Pq){@B~kXilt~~klX.U~ at the Court House, the 25 July 55., an --··-·------·-day of-----·------·-··---·--··----·-------·-, 19_______ THE SEIi.ViCE PRESS• HAll&ISONBUJ.G, VA. ·1th -=---. e Commonwealth. �Commonwealth v.) ,-Jitness Jackie Subpoena Hensley To July 29, 1955 at 9:00 a.m. \~ ;-'\! -'\! ' : I 1 5'/ s: I > CCI �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: Reese Hensley You are hereby commanded to summon ...·-···--···-···-·-··-·-··-·-···-·······---····-····-·······--···-·-········--········ to appear before th~!~1Ye of the Circuit Court of Rockingham County, at the co r.t House thereof, at tomo'clock, a. m., on the ___ ._?_5?·--··day of.. ____ ·····~~.~! .................. _, 19...~, 5 to testify and the truth to say in behalf of the Commonwealth . JACKIE HENSLEY against -----·····--·--················· who stands charged with and indicted for a felony IW~KOX. And this you shall not omit under penalty. And have then and there this Writ. Witness,JSP.Cm9~~1U)l'"~tXIX., ..?.-?........day'of ... !~.~;r·····-·················, 19 ..?..?.., an • at the Court House, the he ...... -~=-= the Commonwealth. ~ THE SERVICE PllESS, HARRISONBURG, YA. �Commonwealth v.) Witness ..r"\' )._ Hensley s Subpoena 1.e to July 29, 1955 at 9:30 a.m. Er1rx:I E-l PH \ z fl:l ....:l ~ -.t')I Q I l>i 1.1'.:l /. 2; ! c;;:, JUL26 195 HER/FF'S om OCKINGHA <C fJ ffi z E--1 :::, 1--1 ::..) r '• ~ 0 0 o:; at �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............... PJ:?.,....:W.,JL .....NJ.c;.hQJ.§.9-D...i ..................... . ..............E've lyn ..Da.le ..Lam; ... Deputy Sheriff ..M. L.•...Hoover; ........................... . ..............Deputy .Sher if f ..Dewey Hane.Y.......................................................................... . to appear before th~{t~e of the Circuit Court of Rockingham County, at the Court House thereof, at 1~ o'clock, a. m., on the ..~.Je.......day o.f........9.Qt.Q.R~.f.............., 19.22, to testify and the truth to say in behalf of the Commonwealth against ............................... . ............................................ J C.KI ..R 'Y............................................................................. . who stands charged with and indicted for a felony:xrnilmemerutoc. And this you shall not omit under penalty. And have then and there this Writ. Witness, JxBj)~~ ~. at the Court House, the ....J;r~..day of ....9.(tl;;.QJ:?.~r.' ................ , 19 ..5.5.., and in th ....... ~a 1th. TH! SEIi.ViCE puss. HAl.lllSONBllllG, VA. �Commonwealth v/) Witness Jackie Subpoena Hensley J To Oct. 21, 1955 at 9:00 a.m. >tz .·, _,... -; ... \} (~ :=i --< b r,-, 0 "'O ;--:, ..,, -< -~ z (/1 -;:'I C: frd Ji:; ."!'I 0 Q z N~ ,:!:" :,0 ;:o D C) (.fJ 0 ?- ! 1 ! -:i!E r:, :..:; f ::::> LL. 0 LL. (.) -r ► ==. -- \l • 1-;:: I ~- + -~~\ ~lo/ RtCEIVEO OCT IS 1955 ~t~lFF'S OFFICE ~INGHAM W,UNTY < :I: c:s z u ::.::: 0 a: �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........... ~.~~... g~-~.<?.e:~-~·~···········-······························ to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10:00 o'clock, a. m., on the ....?.J.....day of.. .......... ~~-~~.~.~:':.........., 19...-?.?, to testify and the truth to say in behalf of the Commonwealth against ............................... . ..................................................... JACKIE .. H:EN"SLEY ................................................................... . who stands charged with and indicted for a felony Il'i~~~~ And this you shall not omit under penalty. And have then and there this Writ. Witness, ~~~oo.mc~ he Court House, the ......l9 ...day of ........... O.c.ts:>.b.e..r. ......... , 19 ....5..5, an • t e1.?. he Com ealth . ., @e:,Jc TH& SBU'JCB PUSS, 1-IA.l.l.lSON•Ua.G, TA. �/tJ/J -1/'·5''· r.= tXECUTE9'_:'71 IN THE COUNTY Or ROCKINGHAM BY DELIVERING A TRUE coPY oF THE wITHINSum·w1o"'t'l Jk TO ~ jfj, IN PERSON. eLL. _,.9. ROCKINGHAM COUNTY. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: Reese Hensley You are hereby commanded to summon ...................................................................................... . to appear before the ~~ee of the Circuit Court of Rockingham County, at the Court • House thereof, at ~'clock, a. m., on the .....2J ....day oL.Q.~:(:;_~Q~.~···················•19..5? to testify and the truth to say in behalf of the Commonwealth against ............................... . JACKIE HENSLEY 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, lXJ!t0B~~·-li~JfilridK:£cmmt, ..J. ......... day of ..........~.'?.~.~~~E.......... , 19 .. ?..2., and in at the Court House, the e 1.8. ye .~~ mmonwea th. m THB SEIi.ViCE PRESS, HAJUl.tsONBUlt.G, YA. �Commonwealth v.) Witness Jackie Hensley To Oct. at •~.XECUTEDfb-..~tN 21, 1955 9:00a.m . THE COUNTY01 ROCKINGHAM BY DELIVERNGA TRUE ~ / Subpoena SHERIFF'S OFFICE ROCKINGHAM COUNTY �SEARCH WARRANT to-wit: THESEA~~~ In the name of the Commonwealth, enter t e sai~i!s to command you forthwith in the day or night to above described and there diligently search for the said ...........e.~ ~ ....... ........................................................................................................... and if the same, or any part thereof, be found upon s search to bring the same, and the person, or persons, in whose possession same are found, before the Trial Justice Court of said County to be disposed of or deal cordin o w. And this you shall in no wise o;xiH. Given under my hand and seal, this ......../.~. £....... . . .........:..-- .......... , �and arresting ...... ·····························A ............ ~...~~···~·····~~ ~:s~~b;~i~~~;····~~d ~!i;~~~~~···········• The within warrant executed in the County of.. 1 r ...... I C: <D en ..... en ..... 0 ~ '"i 9. en .... '• .. ::r: 0 z....:i ~::i,, ~ ::r: r-' z > C) ~ < -- "!1 0 ~ > !Tl ::i,, :,c:, ~ 2 0 Cf} t.'rj ~ ~ n 0 E: E: tf.~ • ! 1' �Comp. Form 18 l OF VIRG OF_-Dt-'il-f.~~~~~~==-::J---r To-Wit: No. ______ _ , These are, there£ omm d you, in the name of the Commonwealth, to apprehend and bring before the ~ Trial Justice Court of aunty, the body (bodies) 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 J 5:t4day �STATE OF VJRGINIA;,1=9!)NTY OF !~$-via.,W._ ~~ ' that \ ~ 'AC )::,I l: and I I _ /-H:3N ~ ees ;8:,CIC I olS() C,. (fl:> be rend 8 sC. € y' ve ~his da~~ _Cl-~ tS/17~ ), to be made and levied of their :pective themselves indebted -.,........., Dollars goods a~,st chattels, lands, and tenements to tke use of the C~m~onwealth ~ t,c.,c:1e-, O I I If./ &- Af-i, Jf.1 to-wit: in and for the County aforesaid, State of Virginia, do certify ..~ Ji~.s~e~.- C ' &,AJ >& d, yet upon this condition: That the said of ' ~l;Js.Mia Juatice of the Peace to the Commonwealth of Virginia in the sum of ($ Ii- If 11,.,, V /f&ftl,{.,fiL:( County, on the 1 d 7 , shall appear before the d, day nf Tri~:ice to Court /Y),4 Y , l9~(? at ;;:) {TO / M., at I CN_tU .c, 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 ntil the charge is nally disposed of or until it is declared void by order of a competent court; and upon the further condition tha1. VH7IC.. C. liSG- 1> <::/I .S/'O.>G-J"6 Y· the said C / 6~ l-e shall keep the peace and be of good behavior fer a pcxiod of dayr from the date hereof. Nonappearance shall be deemed to cons~ a waiver of trial by jury. Given under my hand, this / '- __ '--cJ~~ %e ~ A'j day of ~.J.P. ... r t%l ~ n, t c:: n :, Q. a..'g . < s.. a.... ,. !" Er iii" :,- ..t t, 0 ... :,- (") ~ n, e. "i 0 :z: a: p 0 ii: :z: ~ l:ir:I ► t"4 >i ::z: .. ~ ')( ~ , ~ (j 0 'Zl .. s· ~ 0 ... ~ >-i 0 E. ~ ... "' "' B B 0 Vl C B El 0 :, ~ ... ~ OQ :, Q. :, n 0 :, '< (j ~ ... ;,;ii" .... .. ... :, .. s· >... ... .. Er ~ S' ... ..>... .. .. ... .. .. :, ~ ._ 'Zl ... Q. ' I ~ > "' ~ :::J~~ IX! .. - ii" '< - .... 0 >-i ... E ' :, IX! ... "' ... :, "' ... p \. Q. ~ l ... ... 0 Q. "' "' "' C Q. g_ "' '< n, ... ... .. 0 '0 :, ~ Q <lN ' '\ c.,- 1u 0 15 . :, F. ~ ... <: ::;· 0 "' n, ... "' 15. :, '0 '0 F ... ... .. c:r '< - o' ... 0 n, ... :,- .. .. i.:i ... L; ~- <: ::;· C "'C 0 ... :,- '"':J & l '° 0 ri g.::;.· :, 0 C ~ §: .. ~.... .... :, (j ~ >-i :,- En ~s· ..... -- OQ J( "' .... .. ... ~... ... 0 .... ... g C :, ~ \-! l:ir:I ~ (") n 0 i It Q. �TRIAL JUSTICE COURT Criminal Docket N<.>17980 A Com'th V. q_,W Appearance Date j- - j, ~ - ~- .l - Trial Date .... ,.1" ..- ~ .3(.,, ~ / ' _. I ~ a,;J?M- -.a:' ~= p,14· Taken to Granc Jury and •• above a'Jpearance date. indicted J before �w,s,- , ~ it <.vr.f - / ~ ~ 1- h -u.. �J Docket No. ~ IU( - c#oJ~ . OCT 195 ~ ~" COMMONWEALTH ~<,A, of VIRGINIA e _:±fr vs. #1 ) ) Felony ) ~,~ (kidnapping) INDICTMENT JACKIEHENSLEY Julian ___ Own K. Hickman __:__..::..==..;:....====-------P· (x ) Appointed d. ( ) " :' 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 Jackie Hensley Subject The topic of the resource Felony Kidnapping Description An account of the resource Defendant charged with felony kidnapping 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 1955 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_003 Hensley https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_009_commonwealth-v-james-arthur-herring.pdf 328095196898cdde49565569ace912e6 PDF Text Text COMMONWEALTH v. ) Fel. ( sodomy) ,g I JAMES ARTHUR HERRING l,,, c~~ I \ r ;, //I I I ~ r( l Ir • 1( j) }-I J I t: . , ��COMv:om,,..,..,TH OF VI::1GINT , C m;rry OF tOCKIHGF -:, to-wit: L THE CIRCUI'I' COU3T O=' SAID COPNTY: The grand for the body of the Circuit oaths jurors Court of do present County that James Arthur upon one Guy J?U tna.n., and in ,ially in said tho and there, County aforesaid, '"lon-realth anus, t~e LAWRENCEH. HOOVER ATTORNEY ATLAW HARRISONBURG, VIRGINIA the tho ·peace d force and arms, age of four - the upon on OT about on the unlawfully i _ia, 1944, make an assault, to-nit, against term, Herring, of 0 and now a ttendin June with i the 4th in and ( 4) :.,.ears, and hin, day and year and feloniously their the said aforesaid, did car- and cigni ty of the Com- of Vir ;inia. indictnent Ia:;:-ring its child did then Lnow by the at County, a male and feloniously o of Rockingham, County 1944, Guy Putnam, Co _onwealt said day of July, unlawfully of the and 1;. E. Kiser, Grand jlr.,. to five is fo 1 ml upon the • i tne sses evidence. s .orn testi ony of Pauline in Court a!ld sent be:.:.'ore �SODOMY Indictment C01'11.:0N',IBALTH v. '""'<..-~ J'AMJ£S ARTHUR HERRING Folony: 1944. 'r, Herring 1,.,- Forenan II. Hoover :;:~. :.£. Kiser Pauline s: June -Terc., A True 2. -i;;i tnesse ~. Lawrence Cori.JJ1onv,·eal th' s At tor f!:8Y. �You are hereby commanded to summon ........................................................................................................................... . to appear before the Judge of the Cii; ui,t Court of Rocki ham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..d., ...... ay of.. .............................. ~.........................19±7.-, to testify and the trutl;.,to say in behalf of the Commonwealtn a a· st ........................................... . /~:'=)-~=~ ~rt='.· who stands charged with and indicted for a felony mi-saeme-ane-:And this you shall not omit under penalty of £100. And have then and there this Writj1 Witness, J. ROBERT SWITZER, Clerk of our said ~t, day oL ......... ?{L.,.: THE SERVICE PRESS ......., 19.lt ....., and in the 16.H .. y at the Court House, the ...l.::~ ....... . a, of the Commonwealth. ;+..... ,1 ..~..~J.d'~~d:::!.. .., Clerk �._; -~~ \ ~ J~ J ~ ~? 1~, ~ . -~ tt<ecutedih Cityof ~hburg, day of.______ __b&y.~. by deliverin ~~3: ~ ~ I)✓ Va., on the~ --·--'~ ¼ \ ~ ~ t~~ '-. ~- �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ..,4~ to appear before the Judge of the C~ at 9:30 o'clock, a. m., on the7..f County, Greeting: ......&~ ......... Court of Rockingham County, at the Court House thereof, .. aay of.......................... ~•····· .................19.4.4, to testify and the truth to s-a in behalf of tha:rnmo~wealbw{gains~······•·········;··············· ............... . ·······································•··················7/··~················~~ •••••••••••••••• ~ ••••••••••• who stands charged with and indicted for a felony m-iwemearror. And this you shall not omit under penalty of £100. And have then and there this Writ W/2''J.ROBERT sw:;4• day of.. .....~················, Cle,k of om said.,Z'l'., at the Comt House, the ...?::'::~ 19............ , and in the 16..f .....year of the Commo_,nwealth. •··;•····!:'...~cr.~.~lerk THE SERVICE PRESS �~ 0 I er, I ~ (l) '~ Q, - _q .~ ·~· . ' • ' ;f4J . ..t: 0 Ct: '' ~-?-1 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon---------------·-·----·-----------·-·-··-··--·-----------·-----·----------·-·------------------·-------------- 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, day oL J.ROBERT {A_o/ THE SERVICE PRESS ~...lf SWITZER, Clerk of our said Court, at the Court House, the ... , 19-'{L,/,nd in th;t~h~;~ 'Cletk �copy fam1iy to her, h·s U!GUal place true // &~ tl11,) ...~. s~ above of ,, horf' of this~. Not fin ci in g..,.,. ~. ~~ ~l ~ thereo at his usual ~ 1.ne purport ((,-.............~ {?6-H~ to .. I .t,l"~..wC.4 dill_ ·~ ~ ~ - '~ ~ ~ ~ ~ 1~ i �In the Name of the Commonwealth :: :~:ae:~ c~::~e a~h:!.u::et::~c;~~: to test<fyand the t~uth to sa of Virginia: C:f~~-t-~~~~c-ki~--- m County, a:th~-~ou·r·t H-o~s\t:« n behalf ~n~~: ••..... ith and indicted for a felony ~And t • you shall not omit under penalty of £100. And have then and there this Writ. 1 day of:~~~,s;:t:n~ THE SERVICE PRESS ::k:e 0 ;;sai~e::':fa:~;;:~: �1 ?--a ~ • I t1 :--.c :~ ~ -, --· �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, ______ of said County, has this day L_._H_._H____c_o_o_v_e_r ________________ made complaint and information on oath before me, _J~•~C_.~S~w~a=r~t~z.J,,~C~l=---=e=crcc=k~o="f_~T~•~J~• ~O~o~u_r~t ___ T. J. or J.P. of the said County, that James Arthur Herr-inll',------------------on the 4th loniously dignity day of carnal of the .,_J_._.u>Jl-.1Yf------' 19-----44-,in the said County, l.y-1m.o.w ,qne .Guy _Pu,tnam..by tbe anus, Conmonwealth did against unlawfully the peace and feand of V1rg1n1a 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 ____________________ ...... ai-.m ..... e S-..-.Ar-th 1w.Lll'---...,H~en1.r.---.,.r~.i&.--Jnk-jjig...,_ ___________ ------------41J _ ___________________ _ _ to answer the said complaint and to be further dealt with according to law. Given under my hand this_-'?-'t=h=------ day of ) Memo. of Commonwealth Name Witnesses: Address -------- �STATE OF VIRGINIA-COUNTY TO-WIT: and for the County State of ) as to to the and .................................. . of Rockingham, indebted 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: OF ROCKINGHAM, which they severally waived their exemption, ~ 0 ~ II) z.... u ~ 0 Cl ~ ..c: .... cti II) ~ 0 i:: .... ... "' ... "' II) ~ .... "' t:: < '-y---J in > \ tlO ~ H H Q) ~ II c:i: Q) 0) ~ to-;> day 111 ~ t- i:: .:2 .... -~ ~-1:~1 ~ : ~ : ). C):' -cl "' ;:,-.. ..... 0 ~ ~ , 19. ·····• Ii ~ ...... 0\ ~~ T. J. or J. P. or Bail Commissioner i:: ti; II) ~ ~ ~ V¼- V¼- II) II) II) OD ~ ~ i:: i:: II) OD II) "' i:: '"O "' ~ "' "' ~ i:: "' .... II) II) II) II) r.r.. Ol) \ 0) r.r.. "' II) -II) .!::l .... -0 i:: 0 s cti ~"' s ·;:::: ... ::, f-< < U) .!::l II) .... "' ::, r.r.. "' ::, "' i:: 01) II) 01) "' ~ ~ II) "' -... u IE 0 oi ~ \~ I~ ~ cti II) ~ i:: II) >- \ "' ::s \ ~ i:: 0 otl ~-<u< II) u i:: "'-0i:: -- -- ...."' .... B"'"' ss ........ ... ~ II) u ·5 "' ...... "' ... II) u \fl 0 ;:,-.. ...0 "O ~II) > "' ... "' .... ~ ~ V¼- II) "' ~ ..... ·; -- !~ ... II) i:: 0 "' ·;:::: II) "' 01) ~ f-< .... "' 0 ·s 0. ..... -0 -~ ... ... u "' "' ~ ~ I~ .... "' ~ ..... ~ cti "' ::, .!::l .... II) ~'-~r' --4~ - - ~: -II) .............................................................................................. , 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. ::, .... ... 0 u II) .!::l .... "' ::, -- cti ·;:::: f-< i:: ·s s s 0 u - •1 h,~ ·;:::: u '\.. ' t&~ Given under my hand this, cne ........... ~ z ~ ~ ~ C) 0 ~ 1-\ ~llt~ ��Trial Justice Criminal Court Docket No. Commonwealth vs. James .Arthur Herring ~7-10-44 Set for Trial Defendant appeared in person and waived a preliminary hearing. Held for a~tion of the Grand Jury. �};,/~/4.Zu-i---J-~~ I 37/i~ 1&4 ~ COJYIMONWEALTH v. ) Felony (murder) JAMESARTHURHER.RING f. s.?q~ I, lzo~-w-~ l #;d?/~r- V <( }'Jt(,,,Q., rra-v<--- 7 l---Q_ r~ iv l~(i/. fl ff~~ Yr✓ l- fiJ~ iv 7~ fl}~ t l) I I I // _, -7,J~6 ,. �... 34-2877 ,, �COI1LON'.iEALTH 0-:? VI JG I IA, IN TJE CI C IT C H'r OF S IIJ COUNTY: The erand for the body Circ it Court oaths da kill the jurors of the of do present of July, Count~ that Janes in said ATTORNEY AT lAW HARRISONBURG. VIRGINIA lockin at its Arthur County, one Guy P 1.tna 1, inia, in and ham, and now attending June tern, I:erring, unlav1fully against of Vir the 1944, on or about the u on their the 4th and feloniously peace did and digni t:;r of Cor.I!1onweal th of Virginia. and ..?auline LAWRENCEH. HOOVER Co'tlnEonwealth of County, r.:1his indictment ~rand the said 1944, and I!filrder of ju~y 1:erring, to give is .:o ind U!)on the testirony 7i tnesses evidence. Si7orn in Cot rt and of ~- ,,. Kfser se1 t be""'ore the �.. ;1U!OER --Indictnent C01}LON1Y.EALTH v. .JALfES.Al1rl'H1JRIiERRING Felony: tnesses: .June Term, 1944. \'Ji Herring I !I. Hoover 2. E. E. Kiser v.'1. Pauline Lawrence Corn:1.onwealth' s Attorney. (t ~::r ti t~t ~ ~~ r ; t' ~ �IN THE CIRCUIT COURTOF ROCKI GHAMCOUNTY,VIRGINIA. It the having attorney than for that commonwealth desires to summon more allovrnd b_x statute the maximum number of witnesses/to testify on behalf commonwealth Arthur Herring, is appearing set in the to the of said court that of Commonwealth vs. case, additional by statute the moning of such additional 3512a of the case James who stands charged with a felony, and whose Monday, for/the 28th day of August, 1944; and it further maximum of ten allowed cution to the Court the of the trial been made to appear court Enter: , Judge. ------------ \ are necessary doth hereby witnesses, Code of Virginia. witnesses beyond in the prose- authorize as provided the the sum- by Section ��IN TEE CIRCUIT co:rv •o COT.; RT OF BOCKINGHili TH GOU_rry, VIRGI IA ) ) v. } ) JAMES RTHUR HERRilrG If you find murder, ate ) the accused, as charged nitted aforethought, and prerieditated, degree rthur for find his punishment life, or for Herring, and that and that you will and fix the penitentiary J"anes in the indictment, with malice first CHA GE TO JURY guilty the murder it was wilful, him guilty was comJeliber- of murder at death, of in the or by confinement any term not less in than twenty years. If you find r.ent, but will and that that it find was not wilful, at If you find of murder twenty f' ind him guilty at nor of murder but find and fix less the confinement his five of voluntary confinement by a fine in jail then you and fix for not less his than in the first he killed degree, one Guy or implied, u on sudden manslaughter and fix for not less years. of murder degree, in the first nor of voluntary of involuntary punishment degree, in the penitentiary manslaughter, at confinement than one nor more than five jury, actual him not guilty in the second him guilty but that aforethought, one nor more than If you find of murder degree, heat, punishment aforethought, and Jremeditated, in the second him not guilty in the second you will in the indict- years. malice than as charged in the penitentiary Putnam without his LAWRENcEH.HoovER deliberate confinement nor more than nor of murder of murder, the sane was core.mitted with malice him guilt.7 Junishment five him guilty r:i.anslaughter, you will in the penitentiary years, of not exceeding degree, or, one year, him not guilty, you will for in the discretion one thousand not exceeding say so dollars, or by both not of or by such fine and imprisonment. ATTORNEY ATLAW HARRISONBURG, VIRGINIA If you find say so and no more. �J �INSTIDCTION The Court instructs degree is any wilful, malice aforethought. the deliberate /. jury, that murder and premeditated in the first killing with �.. �INSTRUCTION ~ The Court wilful, deliberate is presento instructs the jury and premeditated, that whenever the la~ infers a killing that is malice ��J_ INSTRJCTION The Court instructs the jury by the law of Virginia as murder in the second nd you are degree. by poison, lying deliberate and premeditated or in the attempt is murder der in the in wait, second killing, degree; degree. in the murder first further imprisonment, to commit arson, in the first that degree instructed starving, or killing rape, and that is distinguished robbery, all other and nurder that murder or any wilful, in commission of, or burglary, murder is mur- �,.f " �INSTRJCTION _i1__ The Court Virginia order instructs is presumed to elevate the burden the offense the prisoner. jury to be murder the offense of proof the that every in the second to murder homicide in degree. In in the first degree, is upon the Corrn:nonwealth, and to reduce to manslaughter, the burden of proof is upon ��6: INSTRUCTION The Court ful, deliberate, that the such intention the the jury and premeditated intention of time prior instructs to kill should time of the killing, exist killing. come into to constitute killing, should to the actual that It existence it is not necessary any particular is only for or any time previous a wil- necessary the first thereto. length that time at �. ' ,) �INSTIDCTION The jury are instructed be sane and to possess ponsible for satisfaction that if his from intoxication or other of the defense must be proved sanity charged. jury, man is presumed degree jury are on the defense cause, and the time of committing to be res- is proved to the further instructed of insanity, it as an independent a rational the offense whether to the satis- wnich is relied as may raise to of reason he must prove insanity substantially by so much proof at the every the contrary and the relies faction not merely until jury; the prisoner that a sufficient crimes of the 6. on as a fact, doubt and of his witn which he is ��7- INSTID CTION The Court dence, the jury beyond a reasonable offense charged evidence fense instructs that that doubt, in the indictment at the the accused ti~e between nature, and consequence tal then power sufficient they must find right to apply in favor that from the evi- the accused commission and reason him to distinguish character, that they believe, and further of the had capacity if believe sufficient knowledge of- to enable and understood acts, the from the of the alleged and wrong, of his committed the and had the men- to his of the Commonwealtho own act, �.. r ... ' J :\ -.; ,..., ). r II :t 0 r ..... J 'I. t j" r. ..L �~~a.NA ~~c~ INSTIDCTION -3.._ The Court the evidence, ring the nature murder deliberately, Guy Putnam, had suf/icient as charged capacity jury that and of a low order degree, that doubt, maliciously in the to know his and consequences in the first the evidence the beyond a reasonable wilfully, killed instructs acts even though of intelligence. they believe that from James Arthur Her- and premeditatedly indictment, of such acts, he is mentally if and that were wrong, he and understood then he is guilty they may believe weak or feeble minded, of from ignorant ��.. TH~ COMMONWEALTH OF VlRGI IA: TO THE SHERlFF OF' RO KINGHAMCOUNTY,GREETING:-You are hereby commanded to summon India Clerk, Rockingham County Selective uefore the Judge of the Virginia, at the Courthouse, forthwith, in a certain Court, therein Arthur Herring, Clerk, papers, charged the office County, of the of the to appear of Rockingham County, 28th day of August, of controversy in our said said you summon the County Selective before said l944, vs. James felony. command you that Service our said James Arthur Selective Service Court Herring, said India Board, Webb, to appear the file, records, Order No. 3014 in Board of Rockingham Virginia. And have then have executed Witness, the with and produce etc., on the Board, of Commonwealth of Virginia Rockingham as aforesaid Court matter pending, We further Chief Circuit Service Webh, Chief Courthouse the J. and there this writ and make return how you same. Robert Switzer, thereof, 28th day of August, Clerk of our said in the Coilllty and State l944, (,; in the l69tjJ. year Jf ~ i~ . ~ '7~ , Court, aforesaid, at the of the Commonwealth. L ~ ~~,(-, , Clerk. ✓z/ �\J �IN THE NAMEOF THE COMMO WEALTH0}' VIRGINIA: TO THE SHERIFF OF AMHERSTCOUNTY,GREETING:-We command you that appear before our Circuit at the Courthouse, 9:30 exhibits, Herring, etc., at the Lynchburg to testify, dant in a certain James Arthur to say on behalf at etc., admission Virginia; 1944. records, papers, Herring, and then and of the defen- of Commonwealth of Virginia and there the Witness, Robert against J. this writ and make return how same. thereof, 22nd day of August, wealth. coiony, all case history, commitment, the said Colony, Court Virginia, Herring. you have executed this orders, concerning case 28th day of August, our said and the truth And have then the Courthouse qf Rockingham County, and all State there James Arthur before commitments, of James Arthur case history, Court on Monday, the a. m., and produce papers, you summon Dr. Carl W. White to Switzer, Clerk of our said in the County and State Court, at aforesaid, 1944, in the 169th year of our Common- �~\~ ,.... ~' ~ t I l ~ t .• . ~ ~i''f- . t ¾ .~ �N Tii~ i'AM.u co '~101WEAL"'H lil• " Th W, commanj yo a_.t>pear beforo at .2..!1Q a. m., p perB, and produce c we hi 'tory, dant in etc .. , J runes Artnur an .in An 1 h ve then you hove executed 'litno~s, th this Courtl10 2,m t:oe.l th. J. sald all s, etc., . J..rJ.is::dcn _va1• ~rs, James Arthur c.ruch to say on behalf of 19~/u at recor oa2e hi.storyi Co:l,ony I Virginia; Co10monweal t Vir,.:,in1a, Virginia H ring n l then an i of tl e defen- gainst 1 • a. .1. tliere tl'is wr1 t an make X"eturn ho 1 ~J-.e !:'"I!e. H.o·oert Bvitz6r, e ·t.1e reof, dny o to Au~;uHt. ourt c :m:t:1itment, the Colony, tbe ,, ii oriers, nn",. all oase cf Herrin W. Whito of HooKine;ham County, our onoornin,_: State testify, a oort t)efore ll rring, at ·the Lynchourg to summon _Dr. Carl commitments, o-hibits, nu : ay_,, tbe .2§JJ! day of e, on ot' James Arthur there you 'i ~cui t Co rt our the Courthou that VI .t( A ;u.;;,t, in the Clerk Cou'1ty 944.t in the of our .~ai·l Court, anJ &tn te 169th y .:.,ar at fore:.1'::d..'l; f' our omr,on..,. �j 0 �August 22, 1944 Sheriff of A'~h0 Amherst, Virginia SC Coun~y De r Sir. l harewi th o i ;i al am enc osin.:; for a~ doc a on beh lf su0poena n oe.a:r o~ Gh ents D • C·1rl J ins,; in thi;:; '.!hi J. ·v t d a d co y of co,· .... onHe-lth this for eaili next st in ~- felony t.rial ,l. MonJ.a.:,r• Au, ;u.:,• 28, 19/.4j" convenience an, o ~io. r.:.han.r.;:n,; J u , I Yo·rs J. Jh0!r o .....:nos nal to re uce oer& n f n.~nt, to on erve on court. 0 su.m.a.1on~-; n1 ori te at. Col n , Vir.:,inia Harri J 1-la~:;e e. l.CUt.e at your oriJinale of verj truly, .return ~Lle �u u II !WO 'l l u l l t .. l C ..,) nl �Augu t 22, 944 Sheriff of Augusta County Staunton; Virgini Dear Sir: nn.l ¼U,t o py of c;urorrcms to bo served on James Walter ile r n_; Au·:.,ueta S rin > Virginia, totes fy fr th de endant in a. 1.'elony ~· se to oe trit-3d in this court on next Low'ay, Au.-;u.-t 2 th .. I orwlosinJ i1le • se execute tho oriJin here ·,1th orig t, your ca 'li st oonveai (;UOe nd ret-u.rn 1 to t~ s office. J. ~-obert Swi tzor, ClerK ��Serg ant of tho City Ly cho •rt,, Of Lynchourc, Virginia e r ....ir:. enolo ing here~:i t I ori~inal an.: copy or uJnmons o be served on Dr. G. B. Arno .:i, Lyne ure;, Virgi i.a, to testify on tn.,h l f of he comr:.onwd~ 1th in : i ulo1 y l ca e to ,~ tri~d Herring oc nex Ple tl"iC S/3 or1 e eo te i1an. ing in'1l to yol.;.., l in this ond J• ,t your iir io oft o urt a~Pinst ams A thur u~u t 28, 1 4~. ea:rli ._t conv-eni ~nee m OU JR ,:r.o s. ::,r.;. l eo O Ve!.'y truly) return �'IU 0 �In the Name of the Commonwealth of Virginia: To the Sheriff of B:ock.ingaam County, Greeting: You are hereby commanded to summon ......................................... :................................................................................... . ·····································N~····.··•••·c~77/:·· 77J··~··································· ,4:I~ • :: : ············•············•····················································································;,-7/~!·······•··········································································· ····•·•••••••·••••··Y••••'•••·••••••···• ......•..•••.•..•...••••......... to appear before the Judge of the Cire i • ourt of Rocki_p.ghamCounty, at the Court House thereof, at 9,30 o'clock, a. m., on the to testify and ..the/"f': .::l.,L ay oL ,::.:z.:;; __ be?t;_f;: .£{-<-~-~- .. . . .... . ... 19 6. /. 1:-::we~r who stands charged with and indicted for a felony miscl-emeano . And this you shall not omit under penalty of £100. And have then and there this Writ. Witne J. ROBERT SWITZER, Clerk of our said Co day of.. ............................ ~.: ...., 19H.!:;and in the 16.J. ......y ar of the Commonwealth. f THE SERVICE PRESS ~;f_ t, at the Court House, the ... t(~ ... ..l..d4~~ ..t::; Clerk ��Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................... . ········ .. ······· ......................... u.. 9 ....... , :.............. -/2) ....... . x... /....... ............. _..... '...)............. ............ (}.... .... "..._............................. . ....... ~ ~ ~ ··········································•#•··············~··~···········~---···················· •••••••••••••••••••••••••••••••••••••• .. ································································································•"'''''*''''''''''''''''''''''' :: :~::a:.:i:::,ea~~.:::g:h:f ..~/.~,~~:::r°~. ••• ~ ..~:.~~~~~ ..~~ ..~~~...~~~~~.~..~~~.se :e;£ 4 1 to testify and the truth tNay in behalf of the Com11 nwealth efore the GRAND JURY ...................... ............................................ ,................... ~ ..a ....................:...................~ ................................................. . who stands charged with a felony misll~r. And this you shall not omit under penalty of £100. Witnes~/BERT d,y of THE Sl!llVJCE SWIT~EP.,, Clerk of our sai~rt, "(i'"7 PR.£0, JIARRISONBUR.C, 1,,f);f.,J VA. m And have then and there this Writ.~ at the Court Home, the .../7 th,L'7!i::t::.r~ ............ ' C/e,k �summon to ...., DV del ....,..----..------------ ~ C><Q,_ ~~ --- ch in .oerso1 ... - --....... ___........ _............ - ~ . I... ~ ~ r\ ________________ _____ ,,.. ____ _ ~---- t---~ { -~ -----.---------·······-··--·-------------- of the within £¥-- �In the Name of the Commonwealth of Virginia: To the Sheriff of R~ounty, Greeting: You are hereby commanded to summon ............................................................................................................................ . ··········•···········•····························································•··········Z)~ •••••••••••••••••••••••••••••••••••••••• c_v ................................................................................................................................... 1/ ·••······----··•-····--------·········---·······················-···· ···········•····································································································7y_;;J ····••······································· --··-·---·······················································--------··-···-······-·······- ::;~:a•:'.c~:::'.'.'.h:1.~:•,::~•.~ .•El{:futt.~f.~0~1~1:~~~uct8-ous\;";Jf: to testify and the truth to say in behalf of the Commonwe ·····························. ·······•· l············{ .............. 1 .... -·-·---·················································-·--···--·--·--------------- ~ .... ·•·· ..... .,(_.A. ······y··•··· ··················•······· 1th against........................................................... . .. ~. -,L-.-<-A'. ·y .................... . ----------------·····--············································ who stands charged with and indicted for a felony m-isd001ea-rror.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 C<,mt, at the Court House, the-I.~ .J..... year of the day of... .........!............... ,. ............ , 19..........., and in the 16... Co:nmonwealth. £4/,,/ak~····························• THE SERVICE PRESS // ......,.. ( _I Clerk �COMMONWEALTH vsgec-<,,U.C<L ~ DESCRIPTION Last known address ________ --~_:_/_~ ~ OF PRISONER ___________________________________________________________ _ Color ___)(t"'_.::-:.___ Eyes ____ ~ ~~- Hair __ Marks ----------------~{---~~-~-:":~~-~ Age _____ 1-:_~_ ______ Date of Trial_ ___~,-- fl_~~- Occupation ____ __I- __________________ _ Y"___________ / 7 Y 'r---________________________________ _ Result _____________________________________________________________________________________________________ _ ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . who stands charged with and indicted for a felony mis~faIDeano . And this you shall not omit under penalty of £100. And have then and there this W~ Witness, J.ROBERT d,y oL .....a~··'·········• THE SERVICE PRESS SWITZER, Clerk of our sai~rt, 19 dd,,nd at the Court House, the ..~ .. . in the 16.f . ye";:/ the Commonw;olth . .... / ... ~~..d~., Clerk �EXECUTEDJ/2:..!j-t..",f.N THE COUNTYOF R-:)CKHiGHJM:£y DELIVERING A TRUE co T ~X ~ Jt . ~ ~ t ~ - I*~ ~ r~' ~' ~\r �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, --~L~, ~H~•~H=o~o~v~e=r~ __________________ made complaint and information on oath before me, __ of said County, has this day ..._J_...,__,C""----"-.__.S._.w=a ... r..___..t'-"z....,,.._____,C ....... l""'e,..r...._k..__..,o ..... f__,T.._._. ____.,,_J_..~C.,_o"'-""u ...r'--'t..__ __ T. J. or J.P. of the said County, that _ ____.,J--"aum .... e......... s_____..,A .... r_t....h........,u ..... r__.Ru.e,.._,._r .... r_i.... n""lg ______________________ on the 4th loniously clllly,______ day of __ kill , 19.4.4_, in the said County, and murder one Guy Putnam, against did _ unlawfully and the peace and dignity fe- of the Commonwealth of Vir inia 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 ____________________ _ James Arthur~H=e=r=r~i~n=g_,_ ____________ ___________________ _ to answer the said complaint and to be further dealt with according to law. Given under my hand this ___ 7_t_h ___ _ day of__ Ju_l~y ____ -++--~~19 7 lf-Wr ~ ~ Memo. of Commonwealth Name L Cleric: Witnesses: Address ~or 4~ -, J.P. �,; no. C) " ::, 0 JUDGEMENT Trial Justice Court #<~ .1~-/Yf/ Criminal Docket No. Upon the fearing of the within cp.arge, C: ::, 0. "... It, f S'°!J 11»~;:;r~ ~;~·· ~· w {m}t}- ~ ad;i1 r James : 3 -< ;r ::, 0. ~~ P..~::, " 2 3; ::, n: ~r $........................ $....11. ...<>. ..0... Clerk's Fee $... 8- 5· ,. ;:;· 8- ~-·, I "3 -< 0 3 'TI ~ ? 0 O" z0"' 5· ~ i ro : ., ....,n ;fo C: 0-. 0: ::::::, "C:: n ~ PJ o'~ ~ g 5·;r C): ::, Sl,): :::, ::i; 0. " 0. ;r ., () "3 ,.... M ::, (IQ ;o ... 0 M: Q _: > ., " -~ i>" < ;;;· 0 ..., ::, 0. : ½ g,:: ., 00. p.:, ..... 'O < 'O ro:, oo: ., "... 8C:. " ~~. 0 g..g- O" ;:;· n -< 0 "... 00. ~ 5'5~ ~ o' -:r n 0.n "8- "'.,::, ;r 5·... ~ ::!. 3 ..., "... 0.n "::," ~ ~ " ~ .,..... ... .,..... 0 C:-< 0 3 &c{J-"5·"'... ~&6 -·::, :r a .;· ::, ._ 8-<> ,. ,. ,.3 "'-·0."' ., ::, ... 3 "a 0 ,. -· ~ t:. $.......... ~ ... ~ g_"Q~ -o n ... -· 0:, Arrest and Mileage 1C~ ~n n·· 5· g :r ,_. ~ E..::,M ~ -<~~~ a..:.:t."O: ~-g O i Jail Fees $........ !..~~- $ ••w········--·~---·-···-$.......t .... ······ w~!=.~ ... 0. ;; n 3 Officer's Mileage :, :r., ...... " -< ~~i Miles travelled by officer ····••···-----··-· Miles carried prisoner -·--·--·········· .")--J Total mileage Trial Justice •••••••••••••••·•· .;· 0. ., 5· ., -< 0. ;o 0 n ~ ::, 'O n 0 :, 0. ... 5· () 0 C: ::, :r ~ 8- ::, "' n ?;' o' ... 0 ~ 8- ::, 0. £.. " "() i>" 0. C: 0 ... ,. ;:i ::, "' 0. 0 & ...... & .;· 0 0"'::, $.. ":r ... ... " ¥" fil ;;· -< " ~C: () IJQ Commonwealth's Attorney < ;r ~ S!~ g; ;r ?. 8..§:~~ .,3 ..., and Mileage $...... .,;r IJQ '"1 IJQ., ... 19!t._y M: fJQ :-0 day of -· IJQ M :-l 0 $........................ M 0,.::,-- $..... ?.'.:. ...0 ...0 (jtf?~ z ..., ~,.-<g: &;'~n .... Trial Justice Fee - C: ">< ""'C: ~wl""t: 0 this ./c~.£ Total () (l ~ ~ ;.: ::, Executed the within warrant by arres ing and delivering the bod I 0 ;;;· " Mi -· -·" " zs;: IJQ 0. ~ M :,""~ Q QM<: ---t ,.....,,0 0. -< :ii 0 <. 5· ..0..'2: ('OM Arthur Herring 't1 < ;:;· ., l""t C),.,: ;rO 0 ::, ~ ()o.;r: -· 0 O"::, : .0.3 a,il ! 8- Arrest Warrant ~ > 3 < "... "e. 08...... -< < ::, a~~ i s~., a.' -ro,; p.:, '"1 ~ " ...... ~ fJQ Issuing Justice's Fee Witness Attendance i rt> ::, V Summoning Witness ::,-a..: O"'(t) 8- 0 0 0 "' e. " .....~.a..~::, I - ...... "'1 () -< "<" g ;:;·'j::·2-.o; ,~cAy Fine { ~~;:+::, ..., en ~ ;r ;:;· 3 ;r "' . ' :,""M 2"'~: R p.:, "'1::,: ., Commonwealth vs. • : 8 o.g ~: ~8-5.g! 0 --,. C: i-;-, <. ~::, .,::,"o.>: .: ::, " g g,~ s::: IJQ r "g "< <> 0 C: ::, -<' 0 ., ...... :, ?;' "' 5· 5· IJQ ;r 0. ?"' " g" 0. 8 " "'... -<' " ., "' " 0 & ... 0: " ;o 0 n r w ... "' "0...... ��Trial Justice Criminal Court Docket No. Commonwealth vs. James Arthnr Arra~ Herring 7-10-44 Set for trial DefendaLt appeared in person and waived a preliminary hearing. Held to await the action of the Grand J·ury. � 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 James Arthur Herring Subject The topic of the resource Felony Sodomy Murder Description An account of the resource Defendant charged with felony sodomy and 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 1944 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_014_009 Herring https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_005_commonwealth-v-james-john-taylor.pdf 265f3d36416a26b8bd52c493a0079935 PDF Text Text STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand for the body of the the Circuit Court upon their about oaths the of the County of Rockingham of said County, do present that 3rd day of December, feloniously Jackson, jurors and unlawfully against State at in and and now attending its February Term, 1950, JAMES JOHN TAYLOR, on or 1949, did kill the peace of Virginia, in the said and slay and dignit'y County, one Howard of the Commonwealth of Virginia. ,;91s Trooper sworn indictment/" W. H. Good, in court evidence. found w. s. and sent Burner before on the ~mony and Scott the grand Bridges, jury of witnesses to give �Indictment 1950 Taylor Term, John Commonwealth v. James Felony February yd tnesses: w. H. Good Burner Bridges mansJ. ~ George D. Conrad Commonwealth's Attorney �Docket No. FEB 1950 C?< Jff. COMMONWEALTH ) vs. ) of VIRGINIA Felony (mansl.) ) ( JAMESJOHN TAYLOR ( _W__..c.._W--'-. _W~h_a_r_to_n ___ ------,---,-----P·d. Own ( x) Appointe~ ( } CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �\.. �( q �+ I I + + �C. F. JOYNER, JR., JOHN JR., MUNCE. SUPIEAU OF ADMIN J. R. BAUSERMAN BUREAU OF LAMB, G. T. RIGGIN, DIRECTOR SERVICES BUREAU CHAS. DIRECTOR VEHICLES H. C. MOORE, TITLE .. C. H. COMMISSIONER OF D£PUTY DIRECTOR SAFETY RESPON. L. BRIGGS. BUREAU OF COMMISSIONER GASOLINE DIRECTOR TAX C. E. COMBS. CHIEF SECTION BUREAU DIVISION OF 2220 MOTOR WEST BROAD VEHICLES OF DIRECTOP. OPERATORS MAIL ADDRESS STREET P. 0. BOX 1298 10. VA. RICHMOND RICHMOND April 10, 1950 Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Acc. Case No: 161256 Acc. Date: December 3, 1949 Dear Sir: As a result of an accident which occurred on December 3, 1949, this Division has issued an order of suspension against James John Taylor, 207 Shiloh Avenue, Waynesboro, Virginia, suspending his operating and registration privileges until such time as he fully complies with the requirements of the Virginia Motor Vehicle Safety Responsibility Act. Our Field Service Representative, Mr. V. C. Shortt, attempted to contact this person for the purpose of order and taking up his operator's license numbered advised this office that your Court is holding this license. who recently serving our 652702, has operator's If this license is still being held by you, you are requested to immediately forward it to this office with the copy of this letter which we are attaching herewith. Your usual prompt cooperation is greatly appreciated. Commissioner tor nsibility JLB:ghs Encl. ,----- LICENSE �~ �Summons required under Sec. 120, Chap. 342 Acts of 1932 ARTMENT OF STATE POLICE /,2. M ----f'-:......Li:.LlL.4-.,L-=7"C'b,.:..:.;...,4~--,--l-~=~'---~~-b-~--=-+-' Trial Ju 1to answer you are hereby summonsed to appear before: ~- • ori [Place of Trial) D i ·n D Exce .<•/ 'f·JO at ____.,..___ _M (Date) Limit D No Operator Improper Lie. No. State Pol:ce....,.,:...i'-,,,L-4...,.::.....,."-J:L,--~~---..!~_:,:::_______ Sec. 120 Chap. 342, Acts 1932. Failure to comply with this ;ummons constitutes a separate offense. (A _ �-I �Comp. Form 18-A ST A TE OF VIRGI COUNTY OF _ _]t-\,2S,.,~~~~~~~~~r TO ANY SHERIFF Whereas, '. No. ______ To-Wit: _ tJJ. .o~:fL-' 0...-.~6' --- These are. therefore, to command you, in the name of the Common\l'ealth, ----------- to apprehend and bring hefore the Trial Justice Court of the said County, the body (bodies) ·of the above accused, to answer the saicl complaint and to be further dealt v\'ith according to law. as witnesses. And you are also directed to summon color Address ----□ color Address -------------□ color Address ----□ color Address ------□ color Address -· -- --------- -----□ �STA~kv_I~GINI~RuN:Y ~ ~ ~ I, -- _ar.iaot'"11ust1ce {us~-~e Peace _.,.,.,.,.;:=..e.c:::__:::e._L/_e::~~'1--c,.::--:e__ __________________ (} a -:?'~ fl ~· -. .>/~-<~- that and~::¥~ .' a~,.his sur~t to the Commonwealth of Virginia OO be rendere~~ ;,L of ). to be made and levied of their respective upon this condit10n: f\ ~ to-wit: in and for the County ri , have this day each acknowledged goods and chattels, lands, and tenements the sa,<l~- ~~~.V-<,..----: 1/ County, • _ S..tate of Virginia, do certify _ (1~ [J,,..t__ ~~ =---~=--'--, That aforesaid, themselves indebted ~~-!-~· ,Ji,:~'<:~,N~. ~~~~--~L~~,:.R~~~::==========~==========:,e.... Dollars in the sum of ~~~'r!._· do ($ It) ---, If•~.__.:_~ OF £ on the to the use of the Commonwealth ,:1all aµp~a: <lay of 6rrrrit before the Trial Justice 7':..i,/'-,,<,t;,<_~, to Co~t , I~ at y) . M., at ~-t,~ •"~,<,z~,,,tA.,,, , Virginia, and at any time or times to wha:h the p1oceedings may be continued or further heard, and before any court thereafter having 6'. holding anv proceedings in connrction with the charge in this warrant, to answer for the offense with which he is charged, and shall 1101 depart thence without the il'ave of said court, the said ubligation to remain in full force and effect until the char.1<e is finally disposed of or until it is declared ,·uid by onkr of a competent couq; an<l .up.o.n-t.h.e-f.u.r-t+re,•-eoHd~ti.>n that ti 0 (') ~ .., trJ (') 0 a:: E::: 0 z z 9 ::> ~ trJ .r:- °" .., f:; > t"" ::i:: I ~! ,_I '° ~ ~ ,., 0. ~} "s. (i 0 'T1 --l " ~ 5· >-l 0 .;- s. , 0 = 5 2 ~ (1> ~ "' CJ> ::,- I ~ ,~ ~~ r:n C: 3 3 0 ::, s· JQ ~ 5' (1> "' "' en ~ 5' "' "' "' > (1> ::, c.. ::, "' ,., (1> ._, ~ 'T1 ,., n ii" .., :,;- a=: ii" ~' l)q " (1> "' ::;:: > .., .., ""' OJ - C: ,., 'O ,., ;; ::, 0.. '<: t:d S., 0 .., "' f '<: s. :;· --- < 0 ;· "' 'O 'O 7.l ;;· ., r ~. ::, ., "' ..., ,., er "0.., (1> ,,,. 0.. ;. I " r, I .., .., ' 0 ~ (/.l 0 :, .., (/.l ' !,. -Y> ~~~ ::, "r,, (1> "' 0 C: ~ M £'. -t " ;. " - .. C). ::,- (1> "'-· ;;· (") I .., En 0 ~::;· §, :, C: g 1lQ (') :~ -Y> ~ "' =l = ~ ~ ~ -; .., E en ~ .., ;:!. (1> s. ".., "0 (> (") 0 C: ::, g 1lQ ::, ;.· C) 0.. �Commonwealth of Virginia: To the Sheriff of Rockingham County, You are hereby commanded to summon...'..r~~~-P.~!..JY.~-~.! ....G-.<?g.~., ....W..!....~.~ ...~.~!!-~r Greeting: ............. . ...............................................an..4....S.c..o.t..t....B.r.l.dg.e. .s......................................................................... . to a~pear before the Judge of the Circuit Court of Rockingham County, at the Coitrt House thereof, ati~l~•9zock, a. m., on the ......20th ......day of .........F.ebr.UBl;.y............................................19 .50.., to testify and the trnth to say in behalf of the Commonwealth before the GRAND JURY ...................... ............................................ v.., .... JAMES. ....J..OHN. ...TAYL.OR ...................................................................... .. who stands charged with a felony -,,.i~~1'0f'. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, f: 11..'0t3'Elt1'-SWt1'~-ekrk- r1j-<1Ur "'!trid-€rnl'f'I; at the Court House, the ....15th day of. ......F.~br.:u.~:r.y .....195.0..., and in the ..17.4.th... THE SERVICE PRESS• HARfllSONBUI.G, VA. ear th "-,.--,...-1--,,..-- ........ �Cl.. 0 ... 0 ,., 0 n 1"(" s· C0 COM. "' • n ,c .. ft) .. • 0 JAMES JOHNTAYLOR n 0,._ '¢ Q) L .0 Q) JJ E5 :, ,:: :II Q) ... Eo -~.., :r ~ ~ ,._ ' , l I: ::r Cl.. Q ,i v. <1S Grand Jury <1S Subpoena ·- To February 20, 1950 11:00 a.m. e- bO :::, C C. t h . /; t ~ ' ,1 : i oil C: 'O C: .... ti 'C 0 .D <11 .... 0 ., CJ as 0. Q) .c -1-' bO C C: "tij �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........Tr.o.ap.er ....W....... H .......Go.od.,..!.ri.hi.tne.:y ...Burner .................................................. and ...S c.ot.t Bridges J,,,-............................................................................................. . ----------············································································································-········································•··------·--·-·•············· to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10:00 o'clock, a. m., on the. ....7.th ..day oL .................... .Mar..ch........................................................... 19.5.0..., to testify and the truth to say in behalf of the Commonwealth against ........................................................ . ............................. JAMES.....J.OHN .... TAYLDR....................................................................................... . who stands charged with and indicted for a felony IftH!OOffiea-nota. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, f:-R8BER 'f -SWI~~ER,-C-lerk-of-O"Ut"~:rid-ee111:'t", at the Court House, the ....l.s.t ....... day of... ............ M.ar.c.h.............. , 19...50 .., and in the 1~.4.. ~ ommonwealth. • . C2- -----. C::::::::::::::·mzrouronWf:faTtb·t·s····tctfotney·····' cter k' THE SERVICE PltES.S• HAIUlJSONBUtG, VA, �~ 0 t;::,.) l>4 l:J:j 0 t,::: 0 H d 1-3 Q tzj ~ z ::r: i)> a: COM. V. ) Witness Subpoena JAMES JOHN TAYLOR 0:, 1-4 To March t:1 glzH <: 8 ~ tzj tzj H z Q P> 1-3 7, 1950 at 10:00 a. rr.. ::.r: 0 0 d z1-3 Kj ::::0 d 0 t'J t--r. - .L •• - �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, Frances Strother, Marie Strother, Claude Harris, in the name of the Commonwealth Grottoes, Grottoes, Va •. and Works, 249 N. foain St., to appear before the Trial Justice Court of said County, sitting 0£,__~F"-'e=b=e,.__ ____ of that day to give evidence in behalf of in the pending V. , at Hbg. va. Harrisonburg, 19_5Q__, at the hour of __ Virginia ~l=:~3~0=-'--=-•=•------- the defendant., ,James John Taylor 1_t,.,h,..___ case of --"C'""o'""m..._ ________________________________ James John Taylor _ Va. and at Shiplet ts Cleaning in said County, on_~l-.7..._t=h=-_day of Virginia to summon __________ _ �'G g ... r+ ::r 1ii It 0 2 II> :!) [ 0 :, C. 5' 1 .. ) r1' 0 ll Trial Justice Court ocket No. A 4641 Com'th ( V. ( Witness ( Subpoena James John Taylor ~i i ~~ .,) 3 : !. \) : I ~ E o e- C . :j £ 0. 'Qi ~ ------ ·) E bl) ::, [ 1 ct <'ll C 00) Ci .0 Cl) .., 0 ~1-! ' I. Cl) I. To - Feb. 17, 1950 at 1:30 P.M. C. ~- :, (IQ Sheriff's Serving fee ;; ; bl) C . ·c: �Not finding ~L s:,laceof abode, Executed dd :J{ MM~ J1, • :;} .:. / true copy of this~-<<~ &:. J~ L In person, £- ff7J by delivering c1 tl'll.M<1Pa,,,/!,.~_ atsaldr. A_,.A.().I~. usual place of abod~--..._r.lE,~~~---\~ his family above ~ge of 6 ears. and exp~he "oho•. at his u::.uo. being a member oi purport H,, •.,.,,, ~ d- ~~ ~, ��VVitness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: V. .........:+? Given under my hand this ____ l-50-2m-Garrison ~/.... Y, ___ day of x.Jl e£_J£; �Trial Justice Court ____ .JJocket N oA_'f('f-1 ..... ( V. ( Witness ( Subpoena 0 -----~L/ ~A=, 0 1c, I I. ~ ' f I f'S C) �\Vitness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: in the pending case of ~-":....>U~-J---=fJ_=--------------------------------- v.J-,,,JJ ~ Given under my hand this 1-50-Zm-Garrison / ~day of �J Trial Justice Court ocket No.A-lfl ~t- V ( . ~ Witness Subpoena c.._.. ru_7ttL fi 6 • f;_)( I'!; I z\Su 'ff �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, Scott in the name of the Commonwealth of Virginia to summon __________ ,Sof Bridges, to appear before the Trial Justice Court of said County, sitting in said Couuty, on 1 h,t.h day of-~F:..oae~bl-4•-----, 19~. at Harrisonburg, at the hom· of __ of that day to give evidence in behalf 01-C=o=m=-'-=t=-=-h=----------------------------- in the pending V. James 1-50-2m-Garrison case of _---=-.,-'--'-"LU.:....U.U'---------------------------------- John Taylor _ I Vir~inia ___:3:...:::....:0:...:0=-=P-=•:..=M::..,o'--------- �Trial Justice Court ____ __uocket No A 4641 Com1 th ( V. ( Witness ( Subpoena James John Taylor To Feb. 14, 1950 at 3 PM. �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 W. S. Burner,McGaheysville, 14th day 0£~--~F~e=b~•---, at Harrisonburg, case of --=Cc.co""m"'--t"""'h"'------------------------------------- James John Taylor 1·S0-2m-Garrison Vire:;inia. 195.Q_, at the hour of_~3~11-f.____ ________ I V, _ I, t> o of that day to give evidence in behalf o~ __ C_o_m_'_t_h __________________________ in the pending to summo ..___________ Va. to appear before the Trial Justice Court of said County, sitting in said County, on of Virginia _ _ �~ ~ 11tt~ Docket r o. A 4641 Com'th ( V. ( Witness ( /9 ro !,(//1(.#~ Trial Justice Court ____ a Subpoena James John Taylor To Feb 14, 1950 at 3PM. ~,() �4641 A - Report of Witnesses for the Commonwealth Month Whose mileage and attendance of __ F_e_b_. ______ 19 50. were not collected by the Trial Justice before the end of said month. Po~ . ., R. C r6?:~"--H~-~ __,~'---1-,.---=\cla,'-r~~-"""'J-.~ ...... ,,_,.=---------'' ____ 1 ~ Fe!. Pro. or Misd. WITNESSES Com. vs. James John Taylor 1. Scott Bridges, 1Ibg. 2. w. s. Attendance Miles rk Mileage Total va. Date ~=11=5 0 Fel va. Burner, McGaheysville, Days C Trial Justice. 1 .50 1 .50 .50 10 .50 1.00 MHHHHHH $1.50 3. 4. 5. 6. . Com. vs. 1. 2. 3. 4. 5. 6. All witnesses all necessary grand jury. 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 (Sec. 3512) fifty cents, to place of trial or before ��r Trial Justice Criminal Court Docket No. 7 J f/; Lj./ Com'th v. James John Taylor -AW 1)8.t.a- raj.gned Ba.i.led to 2-2-/@ at 2 PM Trial date M ,.-,t1-..ro at- caA11. ~- .2- 17-.n>/,·:1oll1 ., ~ ~ �/~3- \AJ Z-1~ w;S:- I Jl.-i,, '7f~-I ~ -;vi-3 ¥ · � 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 James John Taylor 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 1950 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_016_005 Taylor https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_010_commonwealth-v-james-keith-milkos.pdf b3fe720b41cee693cf7d2a1715266ab8 PDF Text Text COMMO WEALTH vs._L________ _:__ _ ___:_.1......;~ ✓ DESCRIPTION OF PRISONER Last known address --~---u-----'-__:c_:::_~=--=~~,~:::::~~==,,~:...._:__--=-_:_ "l( Color Height ~-( Marks --t-; £ /0 Eyes -( ________ _ Weicrht'-__:_./----=----b/ I ----------'-----f-----.------------==--==.t.---'---~-~-;_:-+~=--i....=--+-,1......:._"'t/=--,it.L.t,~~~<-- ��,adv Jame of , to re . in violation b of Sec.tion 18.1-90 , 23rd day . See . . rrned bank b41ege , • . 01 1..u- 1 robberx 1Gtnuy �"( �Comp. Form 18 STATE OF VIRGINIA Harriscnburg ~ OF ______________ _ I No. _____ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: J_an_e_s_R. __ S_1_· -'-p_e ____________________ Whereas, __________ Jchn G. Leake has this day made complaint and information on oath before me, Julli.tice of The Peace _ (Name) City ------------------- of the said ::f:<lxmty,thae- ______________ (Title) James Ketth Miklos _______________________________________ 23rd d1.d on t h e._____ while dict enter Branch, a certai.n banking in the daytime, ol." secti dignity 18.1-90 of the weapon, house, with t'e , 19__63 : Unlawfully to-wit: a • 22 rifle to-wit: intent oc ki _ h ng am in tbcc:tairl County d ay of _______________ September armed with adeadly R and feloniously, lo2cled with ball ammunition, The Rockingham °M&tional Bank Grottoes t commit larceny of the 1950 Code of Virginia of money, in violation as amended, against the peace and Commonwealth of Virginia These are. therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rocking. am County Court of tlnooorl, County, the body ~) of the above accused, to answer the said complaint and to be furthf'r dealt with according to law. And you are also directed to summon: color Address □ color Address □ color Address □ color Address □ color Address □ as witnesses. 23rd Given under my hand and seal, this,_____ Se)tember day of___ --,_,-----,-;,,r---------~ (/ Rj?zL (Title of Issuing Officer) JUSTICE OF THE PEACE (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 certify that as his suret _____ and--------------------------~ to the Commonwealth ($ ________ of Virginia themselves indebted Dollars in the sum of------------------·------------------- ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: , have this day each acknowledged land~, and tenements to the use of the Commonwealth to Circuit Court shall appear before the County clay of ______________ ~ 19___ , That the sai~---------------------, 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. n0 J. P. < V> ~ V> t, § cr'g, 0 (') :.,;: 'i (D 'i [,:j .. s >-3 z I-'~ p '-0 ::, ()"\ii, \..v • :s 0.. c+ ::, !-'• (I) C'> I'\) \..v '1 0.. 0.. .... ~ 'T1 5· ro 2 E. >-l 0 ~ ro ciii. ::r 5· ()Q E. '"'1 () "' "' § (") ::r "' <1> 0 3 3 0 ::, ~ "' e:. & ; ;.., 15 a; Dl w~ "' ---Dl .a. 'T1 Q (") 3 ~ e. ;.- >-l .., ~ E ~ e: .., ., " ::, 0.. ~ g E. ~ ::, <: J3' 5· F' ., '< g., g ro g., e:. .,"' l)Q c... ., '< < 8 ., ~5· :g ro .F ., .., er ro c' .., "' e: .,,, ~ 8 .., & " ,. ::, "' '< r n >-l ::r "' ~ 0 ~ en n0 n;;· [0 " ng. 0 ::, & -Ch ::, ~ '< ()Q ~- s Q " ~ ........... ........ () () ~ ~ ~ ~~ r-- 5· l l'! g., ~"' .., .... 'D ~ f? "::, 9 n"' 0 ::, ()Q .:;· 0.. "' �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 James Keith Miklos, County aforesaid, a deadly ammunition, unlawfully did enter Rockingham National located County, upon their oaths and feloniously, a certain a certain .22 rifle, banking the daytime, with the intent in violation of Section the that 1963, in the armed with loaded with ball being Grottoes Rockingham County, to commit larceny 18.1-90 present in while house, Bank of Harrisonburg, in the Town of Grottoes, amended, against now attending on the 23rd day of September, weapon, to-wit, Term, 1963 The Branch, Virginia, in of money therefrom, of the 1950 Code of Virginia, the peace and dignity as of the Commonwealth of Virginia. Upon the evidence Strawderman, Spitzer, Deputy Sheriff witnesses to give evidence. of Miss Frances Eaton, Sheriff G. M. Wilcox and Deputy Sheriff sworn in open court and sent A. L. W. A. to the Grand Jury �,s - James R. Sipe Commonwealth's C INDICTMENT Attorney A TRUE BILL JAMES KEITH MIKLOS v. COMMONWEALTH armed bank robbery �PRE-SENTENCE REPORT Staunton, Vir inia November 20, 1963 MARITAL STATUS: Married NAME: James Keith Miklos ADDRE~S: Lacey Springs, AGE: 24 (Born 2-12-39) SEX: Male RACE: White Virginia T'JO. OF DZPEND~TS : Two OFFENSE: Robbery by Force DEFENSEATTORNEY:Mr. Charles E. Earman (Appointed) COMMONWEALTH ATTORNEY::Mr. James R. Sipe COURTACTION: James Keith Miklos appeared in the Rockingham County Circuit Court on October 21, 1963, with the Honorable Hamilton Haas presiding. The defendant was indicted on a charge of Robbery by Force and through the advice of his appointed attorney, Mr. Charles Earman, he entered a plea of guilty to the indictment. The Court found the defendant guilty as charged in the indictment, but withheld imposition of sentence until a Pre-Sentence Report could be presented and subject was remanded to jail to await the presentation of a Pre-Sentence Report. This man has been in custody since his arrest on September 23, 1963. OFFENSE: The subject, is charged by an indictment that he did on September 23, 1963, while armed with a deadly weapon, to-wit: a .22 caliber rifle, loaded with ball ammunition, enter the Rockingham National Bank of Harrisonburg, Grottoes Branch, with the intent to commit larceny of money therefrom, in Violation of Section 18.1-90 of the 1950 Code of Virginia. The victim of this offense is the Rockingham National Bank, Grottoes Branch, and the Codefendants were Robert Harrington, Jr. and Roger Lowe, Jr. In talking with the subject, he stated that he and Codefendant Lowe did not go to work on Friday, September 20, and mentioned that they were planning to go to New Jersey to take his wife and small child to his wife's home in New Jersey as she was expecting their second child in the near future. The subject stated he was ulanning to return to Rockingham County as he had to appear in the Rockingham County Court on Tuesday, September 24. Miklos advised that they traveled to New Jersey in an automobile owned by Mr. Robert Black and that Black accompanied him, his wife, their small child and Codefendant Lowe. The subject advised that he and Lowe drank some beer on the way to New Jersey and further advised that they returned to Washington, D. C. on Saturday, September 21, at which time they consumed some liouor and beer. According to the subject, these three men stayed in Washington Saturday night and returned to Harrisonburg on Sunday, at which time they continued to drink liquor and beer. Hiklos stated that when they got to Black's home at Lacey Springs, they let him out of the car and he and Codefendant Lowe went on to Harrisonburg. The subject mentioned that he and Lowe got to Harrisonburg on the evening of September 22 and while at a restaurant in Harrisonburg met Codefendant Harrington. ��RE: James Keith "iklos Page 2 ........ . l•1iklos stated they all were drinking and sometime Sunday evening the matter of robbing a bank was mentioned. He stated they continued to drink that night, drove around in the car and possibly parked along the highway to sleep. The subject stated that they then went to the Grottoes Area on Monday morning, September 23, planning to enter the bank as soon as it opened; however, when they got there, several customers were in the bank and they did not enter. The subject further stated they drove around the area some, fixed a flat tire, drank a couple more beers and went back to the bank at approximately 10:,50 a.m. According to Miklos, Codefendants Harrington and Lowe entered the bank first and he followed with the .22 rifle. He stated they were in the bank only a matter of minutes and after the money was handed over to them, the three female bank employees were locked behind an iron gate in the bank vault; however, the vault's door was not closed. According to a couple of bank employees who were present at the time of the offense, t ey verified the fact that the subject was carrying the eapon and advised that he was not wearing a mask. They recognized him as he had lived in the Grottoes Community when he was younger. According to the bap.k employees, $6,210.00 was taken and all of this money was recovered except ~208.,50, which was covered by insurance. They reported there were no customers present at the time of the robbery and no one was injured or mistreated. After the robbery, the subject and his codefendants left in the car and were apprehended by law enforcment authorities approximately one-half hour later in the Montevideo Area. They reportedly did not resist arrest. They were on foot at the t:ime of their arrest and were approximately three-fourths of a mile from thefr car when they were apprehended. The subject stated he did not know why he had become involved in this offense, but mentioned he did hav~ several debts, his wife was goinF back to the hospital for their second child and he was lm on finances. Accorc'-infs to the subject and his co<lefendants, each of them had been drinking ove the weekend and the subject stated he had been takinis some 11Bennies 11 in order to stay awake. He indicated that due to the consumption of alcohol, etc. he was unable to think clearly, thus, became involved in the offense. lliklos indicated the weapon belonged to Codefendant Lowe, but stated he could not remember when they got the gun, but mentioned that they had been target shooting on Friday, September 20, the gun was not firing properly and indicated that Lowe possibly had taken the gun to a shop to get it repaired· however he mentioned he was not certain. The subject further advised he thought the gun had been picked up on Monday Morning, the date of the offense, possibly from the fellow who was supposed to have fixed it. PRIOrl.~IBCORD: The subject appeared in the Rockingham County Circuit Court on December 23, 19.59, charged with two indictments of felonious assault and both of these indictments were nol-prossed. ROCKINGHAM COUNTY COU3.T: 9-24-63 9-2h-63 Assault and battery Theft of a sawed-off at ·!·30.00 shotgun valued ~,6.7.5 fine and costs 6 months in jail; ..106. 7.5 fine and costs ��IE: James Keith Miklos Page 3 ....... . 9-24-63 7-19-60 Destroying property Assault and battery 6-1-59 11-25-58 Possession Disorderly 10-6-58 Assault 10-6-58 Disorderly 9-11-58 6-19-58 Speeding (65/55 mph zone) Assault and battery of stolen conduct property and battery conduct ,;106. 75 fine and costs 6 months susoended for 1 year; payment of costs Nol-pressed Certificate of Satisfaction; s.25 cost"' Certificate of Satisfaction; :·,6.19 costs Certificate of Satisfaction; '4. 75 costs fplJ. 75 fine and costs 60 days suspended; "$JO.75 fine and costs I-Li-i.RRISONBURG POLICE COURT: 8-31-63 8-31-63 Drunk Resisting arrest 5-28-63 5-28-63 Drunk Resisting arrest 3-29-63 9-15-62 Passing on double line Damaging property 9-8-62 Assault 9-3-62 1-29-62 7-6-61 7-6-61 9-13-60 9-13-60 7-J-60 Assault and battery Drunk Drunk Resisting arrest Drunk Resistine arrest Assault and battery 6-17-60 4-26-59 Speeding (45/25 mph zone) Assault and battery 12-12-58 9-26-57 9-26-57 Heckless driving Assault and battery .AWOL and battery 116.50 fine and costs (se Pd) .'JO.SO fine and costs; 10 days in jail (served) '16.50 fine and costs (serred) ~Jl.50 fine and costs; 15 days suspended for 1 year ·"13.50 fine and costs ",6.50 costs; 30 days suspended on payment of costs and restitution "'2S. 00 fine (served) and ~~6.50 costs (paid) ';25.00 fine (served); "6.SO costs (pd.) ~16.50 fine and costs (forfeited bond) ''16.50 fine and costs \31.SO fine and costs (paid) ~;.16.50 fine and costs ~Jl.~O f"ne and costs ~J0.25 fine and costs; 6 months suspended (This susp0nded sentence revoked on 9-26-60) 1 , 13. So fine and cos ts Dismissed on motion of complainant and payment of 1',6.00 costs ...28.~0 fine and costs ~J0.50 fine and costs (served) Released to Military Authorities ROCK~TGHA}1 COUNTY JTTV~NILE COURT: The subject was placed on probation as a juvenile on January JO, 1953, for breaking into the Grottoes Theatre. Records indicate he was released from probation on October 29, 1955. According to reports, the subject was arrested in Zlizabeth, fow Jersey, on June 4, 1962, on a charge of carrying a concealed weapon and this was later dismissed. Reports also indicate the subject was charged on January 25, 1961, for ass~ult and batter-yin 1ilizabeth, New Jersey, and this case too was dismissed. 1 ��RE: James Keith Miklos J. age 4. . . . . . . . . According to reports, the subject appeared in Juvenile Court in ~lizabeth, New Jersey, on January 15, 1952, and was placed on probation for an offense of entering and larceny. The report indicates th~t the subject's attitude was good and his behavior was good both at home and at school while he was on ,robation. He was released from probation as a juv8nile on September 25, 1952. FAHFY HISTORY: James Keith ]l.1iklos, white, married male, age 24, was born on February 12, 1939, at New Brunswick, New Jersey. He is the young8st of two children born to Andrew Stanley Miklos and Claudean Forbs Firenze. The subject's father, Andrew S. Miklos, is reported to have b9en born 11arch 17, 1913, near New Brunswick, New Jersey. According to the subject's :nother, he was a skilled auto mechanic, was a member of the Catholic Ch ch; however, very little information could be secured concerning this man. The subject indicated that he did no know his father's whereabouts and the parents were separated while he was an infant. The S'bject stated he ecalls seeing his father once in his life time. The subject's mother, Claudean Forbs Firenze, age 48, stated she was born on June 20 1915, at Charlottesville, Virginia. She further stated she completed the 11th grade in school and is emuloyed at the Neon Service Company, south o Harrisonburg, and resides with her mother and stepfather at Lacey Springs, Virginia. This woman reported she has some heart trouble and ulcers, is a ma~ber of the Presbyterian Church and reported having no police record. It should be noted that this woman has been married on a couple of occasions, but none of the marriages appeared to have been congenial and each time she ret ned home to liv9 with her mother and stepfather. The subject has one Brother, Andrew Stanley Miklos, Jr., age 26, who is a high school graduate, resides with his mother and grandparents at Lacey Springs, Virginia, and is presently employed as a plumber by Roy Lee in Harrisonburg. This man has a police record. PEBSONAL HISTORY: It was re1'Jo ted that the subject was born in New Jersey; howev~r when he was an infant his mother and father separated. He lived with his mother in New Jersey until 1952 at which tim they came to this area to live with her mother and stepfather, Mr. and Mrs. Thomas Watts, thus, his main male figure to identify with was Mr. Watts. However, this man was out of the home a great deal of the time as he was in the Merchant Marines. After the subject was discharged from Military Service, New Jersey and later married Diane Marie Carnevali. he returned to the State of Miklos married Diane Marie Carnevali on July 8, 1960. The subject's wife is reported to have been born on July 10, 1942, has a 10th grade education and works in a factory in the New Jersey Area whenever she is physically able. There has been one child born to this marriage, li..nthony Wayne Miklos, 17 months of age, and the subject's wife is ex:oectine her second child at any time. ��RE: James Keith Page 5 .. 1iklos Since the offense, the subject's wife and child 315 Brook Street, Linden, New Jersey. have been living with her parents at Since the subject's marriage, he has lived with his i1ife at her home in New Jersey and they have also lived with his mother in this area. EDUCATION: The subject completed the 9th grade at the Montevideo High School at the age of sixteen. According to the urincipal, the subje t ias expelled from schoo in February 1955 because he reportedly drew a knife on another student. The subject's school record indicates he was a very capable student if he would have aoplied himself. School records al o indicate that the subject resented aithority, was uncooperative and did not try. According to information received from New Jersey, the subject attended elementary school in Elizabeth, New Jersey, and he was considered to be above average in all categories, in personality and academic standards, and he was particularly outstanding in art and music. The subject was given the Califo nia Short Form 3lementary Test in November 1950 and this indicated he has a total I.Q. of llh. INTERESTS AIID ACTIVITIES: Miklos stated listening to II he enjoyed hunting, good" music. fishing and drawing. He further stated hP enjoyed RELIGION: Accorring to ~he subject's mother, Miklos was christened in the Catholic Church; however, his mother and grandparents are Presbyterian and he attended the Presbyterian Chu ch when he was younger. After the subject's marriage, he then started attendin a Catholic Church since his wife is Catholic. HEALTH: The subject is approximately 5' 1011 tall, weighs about 150 lbs. has fair complexion, blue eyes and black hair. The subject stated he has a scar on his stomach from a knife wound and also has a noticeable scar on his left temple. He has nume ous tattoos on both arms. According to the subject and his mothe, he has had auproximate y four concussions resulting from automobile accidents and accidents while he was in Service. The subject reported that he has had numerous headaches and while in Military Service was examined by a psychiatrist and given some tranquilizers. Psychiatric information from his Military Record was not received. The subject stated he has the habit of smoking, drinks,but denied the use of narcotics. He also reported that he does gamble occasionally. During interviews, the subject appeared to be cooperative in supplying the Officer with information, was found to be truthful and indicated remorse for this offense. ��1.E: James Keith Miklos Page 6 . . . . . . . . MJLITARYHISTORY: Service No. RA-13-554-514 According to reports, the subject entered the Army on February 16, 19.56, and was discharged Under Other than Honorable Conditions on May 1, 19.58. The cause of separation was listed as habits and traits of character manifested by misconduct. According to the report, the subject was given three Special Courts-Aartial while in Service and the offenses were all for being AWOL. The first Court-hartial, he was confined at hard labor for 3 months and forfeited ~,5.00 per month fo three months. For the second Court-Martial, he was confined at hard labor for one month and forfeited ·,,50.00 per month for three months. The third Court-Martial he was confined at hard labor JOr three months and forfeited $50,00 per month for six months. The subject's Military History also indicates that he received psychiatric observation or treatment; however, information concerning this was not received. &MPIDYMENT:Social Security No. 230-48-5065 The subject I s main work experience has been that of a construction worker. The subject epo ted that he worked for several construction conce ns in New Jersey nd when ·n the Rockingham County Area has also worked at construction jobs. At the time of the offense, he was employed by the Nielsen Construction Company and had worked there from August 8, 1963, to September 19, 1963. According to one of the foreman, the subject's work was satisfactory. He indicated the subject was a eood worker, did what was asked of him, was dependable and caused no trouble. He did mention that the subject was off from work occasionally. R.ESOURC"!j'S ANDLIABILITIES: 1~iklos stated that he has loans at the Beneficia Finance Company, Newark, New Jersey, and at the tlas roan Company, Highland Park New Jersey, and indicated these loan would amount to approximately ,r•Roo.oo.The sub· Pct indicated that he hai no other property except personal items of clothing, etc. PLAN: If and when the subject is released from c 1 1stody, i + is possible that he can return to live with his wife and family with e~ployment to be secured. Information received indicated that the subject's wife is willing to resume her m rriage with the subject should he be released from custody and the subject has indicated a desire to return to New Jersey if he is granted parole, etc. Respectfu )' ~ y yours, /J,..~, L V. Leroy Harsh ?ro ation and Parole Officer VLH/aer ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ................................................... J1.i§.l? ... fr.~n~.~l? .. ................................................. ~heriff. ... ~~t9.n.~...G.r.ot.tQe.s., ...Virginia A •...L •...Strawderrnan ........................................... . ............................................................................... . Deputy_ Sheriff G. M. Wilcox --·------------------------------------------------------------ ----------------------···········------·----------------------------·-------------------------------------------------------------.................................................... Deputy .. Sheriff .Y...A •...Spit.~er 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 ..r!:..~.t day of ......Q~.t.9.~.f?.;t;" .......... , 19..J,.J,to testify and the trnth to say in behalf of the Commonwealth before the Grand Jury, against ·····························································································.-··•,···•········· .................................................... J arne s .. Keith ..Miklos .................................................................................................. . who stands charged with ~~ a felony mixdooxecmw. 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.]t.Pof of the Commonwealth. Attorney for Rockingham County and the City of Harrison.............O.G.tQQ~X................... , 19..6-3.,and in the .18.8t.h year �6..?. ....IN THECOUNTYO ~\!CUTW/-£::;L2::._ .. ROCKINGHAM �COUNTY COURT A Criminal Docket Commonwealth v. James Keith, - il:los Defendant Appearance Date 9-2.3-63 Trial Date �I �Docket No.=/./ ...... l..... /-"-0 __ COMMONWEALTH d:::: ~ .. .L <) . . /: VS. ~,... 0T _ )) 1963 of VIRGINIA Felony ) (armed bank robbery) JAMESKEITHMIKLOS Charles E. Earman, Jr.· ~ ---------'-------~~P· Own ( ) Appointed l Oct. 21. Return !flf3 _flt( ?r [ti~• f._<., < ,<... t Y. ()0 ii ~,~.,6,'L, fa, of Grand Jury. 11/117 Oct. 21. Accused arraigned and plea of guilty entered; evidence heard, accused found guilty; imp. of sentence deferred and case referred to Prob. Off. for presentence report; accused remand• ed to jail. ll/1..2~ {lp.,eti. ,, C✓ u. ( x) Nov. 22. Report of Prob. Off. filed; punishment of accused fixed at twenty (20) years in State Pen. 11.1/141 ) J 1 11 7/o CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �.. "' -< ... "' 0 z "' z !J z"" _< .. !Jn ,, .." <JI J: 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 James Keith Milkos Subject The topic of the resource Felony Armed Bank Robbery Description An account of the resource Defendant charged with felonious armed bank robbery 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_021_010 Milkos https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_017_commonwealth-v-james-riddle.pdf e8537fdea1fe9da43fb26250398e5196 PDF Text Text COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKilfGHAM, to-wit: IN TEE CIRCUIT COURTOF SAID COUNTY: The grand jurors of the Commonwealth of Virginia, in and for the body of the County of Rockingham, and now attending term, the Circuit 1941, upon their on or about unlawfully lor Riddle, wealth Court of said do present the 16th day of August, and feloniously against did kill that October James Riddle, 1941, in said County, and slay one !viaude Nay- the peace and dignity of the Common- of Virginia. This indictment Kiser, oaths County, at its Orville is found upon the testimony Thomas and Hugh Tobin, Court and sent before witnesses of E. E. sworn in the grand jury to give evidence. �} Foreman - E. E. Kiser Orville Thomas Hugh Tobin term, Lawrence H. Hoover Commonwealth's Attorney October Felony 1941. • Indictment JAMES RIDDLE v. COMMONWEALTH MANSLAUGHTER T �6 ARREST WARRANT The Commonwealth of Virginia,}T 't . h am C ounty, o-w1 R oc k1ng To the Sheriff of Said County: Whereas, ___________ E_._E_._K_i_s_e_r ___________ made complaint and information on oath before me, Harry Lee Bryan, of said County, has this day Clerk af T. ]. or J.P. T. J. Court of the said County, that_J_a_m_e_s_R_i_d_d_l_e __________________________ on the 16th day of feloniously,while and negligent peace and Augllst operating manner, dignity of kill the _ , 19__41_,in the said County, a certain and slay Commonwealth did motor_x_ehic.le_in-a one Maude unlawfully grossly Naylor Biddle, and careless again.st the 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_J_a_m_e~s~R~i=d~d=l~e~------------ __________________ to answer the said complaint and to be further dealt with according to law. Given under my hand, this_-=l_,,9__,,t=h.____day of__ ~A~1~1g~ll..._s.....,t.___ __ , 19-41-. ~11/l~. Memo. of Commonwealth Witnesses: Name Richard Sly Elwood Weekly Henry Orville Address Shenandqa h, Va. Thomas Thomas E. E. Kiser .So " " " " Penn I.a i rd , Va • �JUDGMENT Trial Justice Court Criminal Docket No. ___ 3 ::r ., -< _ ::, 0.. Commonwealth rt ::r __oo· rt vs. { Arrest Warrant if James Riddle ., 0. -< Execute the within warrant by arresting and delivering the body of before ____________ Fine $ ............... . Issuing Justice's Fee $ ..../, ..0.CJ Clerk's Fee $ .......1,..Yf Trial Justice Fee $ ........J."5P..O Arrest and Mileage $.. Summoning Witness $ 0 ...... _ ::;· ., ::, 0. this ___________ o' .., day of rt if 19_ ..... "' Witness Attendance and Mileage $ ................ . Commonwealth's Attorney $ ........ . _________ $ .. ········· ~ $ •••••••••••••• J;~_o Officer's Milage ~ ., rt (\) ornl : - -a,(;.:{' Miles travelled by officer - - ................. . Miles carried prisoner Total mileage Trial Justice ···············-·· �Commonwealth of Virginia: You are hereby commanded to summon ........... £ ..~b-~ ..~~~1~.~.~.~~~~ ..~~.~.~~·i·~~'. ·••#.~•···~··~···••?t~ to appear before the Judge of the Ci~ourt at 9:30 o'clock, a. m., on the.~P. to testify and the truth to say ................................................. of Rockingham ~e Court House thereof, ...........day of. ................................................... :...................... 19 tJ~:~;~ ':; .£..: Co]?1!!);iw_ealt~ '}/for~ the GRAND JURY .................... .. -rK.-:-:.:-:-.~ .. 7..~ ...................................................... . who stands charged with a felony mistlenteanm·. And this you shall not omit under penalty of £100. BERT SWITZER, Clerk of our s •............ 194/.., THE SERVICE l'RESS, HARRISONBURG, VA. and in the ... ...~.. 0. ~ And have then and there this Writ.~ t the Court House, the .../7 mo .,u-...--<.,,;~-z__.- ............ ealth.. .............................. , Clerk �l, i 0 s 0 fi.. ril OD l>-40::: E-< E-< z:::, <.. or u ~· p, ril 0 ::c E-< ~- .. ·~ [; i , ~· ' ...... .. :i..t ;.< ( ~ ril ...... I1- :::r • �TRIAL JUSTICE COURT ~ bn,v<A,A.A. DOCKETNO. Ut/lr ~~~ {/ 1/-1--1 /ift @._ /0 :oo t/. >k.. �.., �CT .. 1941 OOMTuIONWEALTH v. Felony J MJIBS RIDDLE l 1 t,.,t't", /lr-/J I. t C( .;:(_ & /O/'il/417 • (manslaughter) �� 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 James Riddle 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 1947 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_014_017 Riddle https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_018_commonwealth-v-james-roy-syhamon.pdf 303272b9c55fb1825e5069313fcf7487 PDF Text Text COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand jurors of the Commonwealth of Virginia, the County of Rockingham, its October term, and now attending 1947, upon their or about the 7th dey of September, iouszy did kill am oaths the Circuit do present that 1947, in said County, sley one Ivan Whitmire, against in and for the bocy of Court of said County, at JAMES ROY SYNAM0N,on unlawfulzy and felon- the peace and dignity of the Commonv,ealth of Virginia. This Kiser, LAWRENCEH. HOOVER ATTORNEY AT LAW HARRISONBURG. VIRGINIA indictment fwitnesses is found upon the testimoey sworn in Court am sent before of A. F. Carroll fnd E. E. the grand jur,y to give evidence. �Invol. Indictment Mansla.u.&9-ter } OOMMONWEALTH v. -1 Bill: Term, 194?. .JAM.ES ROY SYNAMON e+ Felony: October A True y Foreman Kiser ✓ aia~ Witnesses: 1. E. E. H. Hoover 2. A. F. Carroll/ Lawrence Commonwealth's Attorna ��+ ,.__ ..... -++- --- -- 1 .. ���+ + �---- -----~- �++ J ��-r'- • ' 1 I - ·- 1, _;.,,.,,-- ' �• �In the Name of the Commonwealth of Virginia: to appear before the Judge tohfe.Lth···e~ ..C.~ ..i.r .. ati.Y;t Cfo·u···r··t ..o Rockingham Count.Y,.,.;Jlthe Court House thereof, at 9 :30 o'clock, a. m., on d~ ............:.................. 19.1..a.. to testif.Y and the truth to 0 ealth against................................................. . ··········································•·········· ~.~r-YL-,«;.-,z,r,1/l...,;J~ ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• who stands charged with and indicted for a felon_y,misdClikanor.And this _youshall not omit under penalt_yof £100. Witneu, J. ROBERT SWITZ~ da_y of • ~ Massanetta Paper Co. Print 19!£., Cle,t of'"' ond in And have then and there this Writ. ,.;J Coo,1,ot th, c.. ,, Hoo,e, th, ...~ ')dl':b;:,l~:. FORM NO. 5 Cle,! �,,x·,ruTE };,..£ ,., :::l" 1 . j. I ... I' • ,-J v II fI 1J ':3 ' I I• I I ~~§. . . G ....... b t t1 ~ ~ i ~ ~ ~ .. 0 ~ N- 0 V. •10 dl"' D - • Count'] /.,:, of Piie;e,Virginia on ,he------/~ f t.~ ;' . ~ /,;______ _ 19 ·-----· ~ o. of day o ·--- -----by det\vering a true • v the within process to) --:::__ _____ _::._,:____________ ~--------I • non m pe_ •/ /' - ., _,.._ I/ / ---------------··--~----------· / _..._...____ ,,,, ., ,' ___ ,_ _______ 7· I _/ ----- ---- �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereb)}commanded to summon....................................................................... -........................................................................ _ ·········································-·····················~~.· .....·'£~ ------••••••-••••••••••••••••••••••••••••-••••••••••••••••••••n••••••••••••••••••••••••••••••• .. ••••••••••••••••••••••••••••••-•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• :: ;~~~ar0.~;::~: :~e :.~d:: sa)} in behalf of the ........................................................... ···::·. :L.?..~?.~ ~;.~~.~~~.:... ~o;dt, eiendant in the .................................................~~.v 0 tht:s~f:ur~n~ot~s:tt:u~~o:~ osecution of the Co man-wealth against................................................ . ...f--4 ... '{,,,,-y/_'AL-~~--rv who stands charged with and indicted for a felon)} niisd.;,,.ca,11ff. And this )Jou shall not omit under penalt)} of £ 100. Witness, J. ROBERT SWITZER, £.fl Clerq of our said Court, at the Court House, the....... ~................19/1...8.:'and da)} of... And have then and there this Writ. in the ../../-Y...~ear of the Com111onwealth. ··•·······i11 ...... -··-__.--~·-············• C lerft Massanetta Paper Co. Print FORM NO. 5 ����hi u u �• �ot fl ndlng __/,~:£:.~=.-l.~~f4~J place of abode, Exfl L+ 0 d ...4-:.' ~~+- R'" ~opy of this -:- .,,:/~~,. •• In pr ~~ 0 on, usual place of abo<i ~f~A.,Yt\LYY\~ his awi abo e li~o I Yf-t~,, to her. tf.( ............by d juy ;;</.(!~~ ty\ d µ ~:,u rih" ~ b {fa,-' . mr Ing h II ,,-, •...-~ tm:JJHI , 1JH·pu th �~ I �- EXECUTED_,¥- 11-t~ THE coumrn ~ROCKINBBAM BY_ DELIVERING A TRUE COPY OF THE WITHIN_~ u~~- _-1~ TO ll..~-..!lld'Li::....k::::.£lo<IIL&..-"""-""---- - ~~~~ _____________ .:!:.,_ ______________________ -----++- ----+ _ �\ �Report of Witnesses for the Commonwealth Month Whose mileage and attendance of_~~--~ _____ 19_!f__J were not collected by the Trial Justice before the end of said month. ~6/)f; / I ' , ~() I , I 1;-0 ~I f) .,.-~ih~ u_ 1-, {!cJJ\-Aj~, -i 'f:~)\IJ,lC~ ~~U6'f--::.._ -- ?.,.JI JI 1.- U· 2. f~ Days ·Attendance Miles 1 Mileage yr,.._ • I '1-JJ~l;(A v V IV ,._ _L I , S-o I S-o - -- ./11- -hf/' \./ Total . ~~~~ rt ~ ~ - fJ CLJJj(LL Com. vs.'- I' I Fel. Pro. or Misd. WITNESSES , Tria~sJtice. (o11nr Date ~J s-1 ;;.,70 sy. ~-, zo J,~c 3,2.b 0,ye 3. 4. 5. . 6. Com. vs. 1. 2. 3. 4. 5. 6. All witnesses all necessary grand jury. 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 ( Sec. 3512) fifty cents, to place of trial or before ��PrisonersReportof Rockingham CountyJail Name_/~'""------ ____ _,_ .,,.,cfii"-v __ Date Bailed Out__<J!-~_l Male_ t._ _____ Date Arrested __ _ -:-::_J=_!/.7 __ _ _______Again Placed in Jail_ ______________________________ _ ____ Female _______ Age ______ Race__ ___ Single _______ Married __~_ Divorced ________ HomeAddress __________________________________________________________________________________ _ Place of Birth ________________________If Foreign Born ____Time in U. S. ______Years ______Months ______ Physical Condition ___________________________ ls Person a Drunkard?_ _______or Drug Victim?_ _______ Can Read?_ _ _t)L__Write?_ ~----- Occupatio~'-'-1)_ _ ©tfense Committeed}.Jl. _, ___ /._ ____ _ u~::..i1·1... City Ordinance ___________________________State ______________Held for Grand Jury __________________ Held for Trial ____________________________Sentence ___________ Years ____________Months_)_~ Fine ______________ Costs ______________ Time in Jail_ ___________ Held for Penitentiary ____ ~ Held as Insane _____________________________ Held for Other Authorities _____________________________ Behavior ______________________ ~ _____________________Date of Discharge ___________________________ _ DESCRIPTION OF PRISONER Height_ _____________ Weight_ _____________ Color of Eyes ______________ Color of Hair ______________ Teeth Marks _____________________________________Hand Marks ___________________________________ _ Arm Marks _____________________________________ Face Marks _____________________________________ _ Shoulder Marks _________________________________Back Marks _____________________________________ Thigh Marks ____________________________________Knee Marks _____________________________________ Calf of Leg Marks _______________________________Foot Marks------------------------------------Fingers Off _______________________________________Mole Marks _____________________________________ Neck Marks _____________________________________ Brest Marks ____________________________________ _ Left Arm Marks _________________________________ Right Arm Marks _________________________________ Left Leg Marks __________________________________ Right Leg Marks ________________________________ _ Fine After Prisoner at Jail; Amount to State$ ___________ Amount to City$ ____________ Date Reported ---- ----- - ---- -- ________________________Deputy and Jailor - - ------ - --- -- -- ---- ------ - --- -- ------ ~ , _t;:J ____________ Sheriff �'--------' �Commonwealth On an indictment vs. for a felony mans.) (inv. James Roy Synamon This day came the attorney for the commonwealth, the accused, James Roy Synamon, came in person recognizance and by his Hammer, Jr. And it entered a plea having for quested upon, of not guilty Kx±xi:Kxx the court, the consent case with the consent to hear of a jury, attorney heard and and the by a jury and determine and having court, and re- by the court, of the there- for the the case without a portion of the at ten o'clock. 1-r/ On an indictment vs. trial tom72rr w morning until ~ 'I Commonwealth term of the be heard A. James Roy SynaCTon of the court waived his adjourned the said at a former that proceeded intervention evidence, with to his S. P. Conrad and Charles that the commonwealth, commonwealth, the appearing now in person, attorney attorneys, pursuant and for a felony (inv. mans.) James Roy Synamon This day came again and the accused, recognizance Hammer, Jr. thereupon the Synamon, guilty, pursuant S. P. Conrad and Charles court and doth fix moved the the for said the court motion said overruled to his A. and the nfENOC.iN± thereto. And doth the accused, his Penitentiary. by counsel, allow the court excepted in the State llian[±N doth attorneys, which motion by counsel, grounds commonwealth, ltnd ho..ving completed the hearing of the evidence, accused the nfENocKN±, by counsel, moved the court to strike , the months for the James Roy Synamon, came in person and by his evidence, accused» the attorney find punishment And at James Roy eighteen the (18) said accused, to set aside the finding of the court, hereafter to be/assigned in writing; and the court, accused until Monday, April 19, to assign said grounds, and this case is continued until April 19; and :tNixx~rn:x:e:xi:xxa.xxi:gNX the said James Roy Synamon is released on his recognizance aforesaid. ��Summons required under Sec. 120, Chap. 342 Act, of 1932 DEPARTMENT OF STATE _...,.._7 __ _3,,,__~~P~f ~~~~~---Date M __ 19~ ta appear before: ..........._-"'!!iE:"""-c:-::-+...;,__.yJIL----1..--,L.....::l~<&.-6--o~..L.&--=;~~-- _,,~~-,.i N? 135595 POLICE na to answer for Vio • 0 • • • D Improper Defendant ________________ Address Oper. or Ch,f Lie. No. Vehicle License Sec. 120 Chap. 342, Acts 1932. Failure to comply with this summons constitutes a separate offense. ,1.ost,3 A ... ._, ~ N,.,A-&,r :J ~ ate Police,_.._______ -f'-+ l C'>. Shield No-~--➔--- ...... ~------------- • , (Address) �c....i ~co (/) �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .....Dr.., .....F .,.....L.,.....BY..e.r..~................................................................ . ... -----·-······················---············ to appear before the Judge of the Circuit Court of Rockingham County, at the Court H9use thereof, at 9:30 o'clock, a. m., on the ... .lQ.thday ............................................... 19 .4.8 ..., of. .................A.pr..i.l . to testify and the truth to say in behalf of the Commonwealth against ......Jame.s....R.o.y.. Synamon ... .,. who stands charged with and indicted for a felony fflt:!~fle:Fl<H. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, .f:RQB£Rq" -SW:H'-lf:R;{;lel"'k-of6tti"SMt! f:.ettn, at the Court House, the .....lOth day of ............. .A.P.r.il ............ , 19..4.8 .. , and in the THE SER VICB PRESS 7 n ... �.... j (.() p) . . tfJ z 0 ► ~ 1--3 ~ z ~II CD ~ p:> 0 'rj o' C C/) tfJ tfJ CD ::r: t, ~ ► CT ~o'~~-~ r,~,ri p, CT 0) pf+'> (.() I-' o-"-:1 «: (1) . ! 0 ~ ~ 0 0 ~ I-'• ..__, • < I~ 0 I-' •• I-' ::0 {./) ~ ;I> y or Sheriff f--'• ~ trJ .. tfJ tfJ Cl) u ► ;:1 CT 0 8 ~ f--'• vi vi t, . '"'::I . . ~ t:J co. -.J:: ' ~ ,, ~ ~ Rockingham ;~ I I ~J~/~upty For sa.niH.Caeiidersheriff r/~ Exeued the within summons at Dr F.L.Byers office Profess,ional Bldg. South Main st. Harrisonburg va. in ropkingham co.,the usual place of bsinesse~ of Dr. F.L.Byers,by delivering a true copy thereof and gi information of its import to Elizabeth T.Green,the person found incharge of the of such place of business this 10 day of April 1948 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: Jr You are hereby commanded to summon .......E .•....E .•.....Kb,.S.e.r.,.....A.•....F ..~.r.oll. 1 .................... . ................ Es.t.r..idg_;: ..E.:t .Hµ.;ff.man.and ...J.a.~k..Bo.s.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 ..13.th day of........Apr.il ....................................................................... 1948. .. , to testify and the truth to say in behalf of the Commonwealth THE SER VICE PRESS against ...Jame..S....Roy ....Synamon �COMMONWEALTH V. ) Witness Subpoena . . JAMES ROY SYN AMON . To April 13, 9:30 1948 at a.m. Witnesses: :;L. E. Kiser E. 2. A. F. Carroll 3. Estridge 4. Jack Ross E. Huffman �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You a 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........ ...... .......................................... ............................ 1~ to testify and the truth to say in behalf of the Commonwealth who stands charged with and indicted for a fe ony mis em And this; yo ,s\_IBll~ Witness, THE SERVICE PRESS r.:t:zCYSE]:tT ~t , against ................. ......YE:.- . ij there this Writ. er' of our said Court, at the Court House, the ......!....... .. �Estridge E. Huffman LttF e.y , V Q • JC5 tExecuted py delivering an office copy of the ithin __J~to the within named t;:::;t:~_c;_- __ H; -~ in person in Alleghany Coun , Virginia, on _____t: ____ day of-~-----194_8: w. P. HENDER;?r;,SHERIFF Sheriff, Alleghany County, Virginia By_~--L-.L?~ Deputy Sheriff~eghany - County, Virginia �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: V-yton You are hereby commande~to summon ........Ann.... Hol.s.ingef.,.£@~ez.E.ols.ing.er, ...... . .............. K .....R.•.... Alexand.e.r ..... and ...Mr.s.•..... Ivan ...Whitmir.e ..................... . . . r ················································r············································· ...•..... 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 ..1.3..th day of.................Apr.11....... .. . .............. to testify and the truth to say in behalf of the Commonwealth .................. 1948 .. , against. ...J.a.m.es.Ro:y...Synamon who stands charged with and indicted for a felony HM8C:km.e~t-. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, f.-&gJ,:gR,J: ,S-wf+~HR-,-Ole!"1' -t,~ day of... ........Apr.1.1.................. , 19...4.8.., and in the THE SERVICE PRESS ~G~e; 2nd at the Court House, the ...7.th ......... . ..........y -----I-{--=,' r o �~ ~ CmrMONWEALTH J:?. C v. ._ =' 'vVitness Subpoena JAMES ROY SYNAMON !::l ,-., To April e--t "< ..., ~- 13, 1948 at 9:30 a.m, Witnesses: 1. 2. 3. 4. Ann Holsinger Cly-de Holsinger K. R. Alexander Mrs. Ivan Whitmire ~ ,_.... C-< -. L:., 0 ' 1-i t:{;! :>-, : (l.., 0 l:"' 0 0 t:,.:, ,.i:; 0 E-i ~ ~.; r �In the Name of the Commonwealth of Virginia: Augusta To the Sheriff of Rdinpm County, Greeting: You are hereby commanded to summon ....A.•....F ........C.a.rro.11 ......................................................................... . 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 ..l~.t.b.day of....... .... .. App:i,_l_ to testify and the truth to say in behalf of the Commonwealth who stands charged with and indicted for a felony . . ..................................19.4..8... , against.. ..J.e.me..s ...Roy. Synamon fl.Ji6Q@.R,&\il.&r. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, f~T-S-Wt'F-~-R-;-€rerk-crf-onrsai:d-G:mrt, day of.. .......A.pr.i.l .................... , 194.8. ., and in the 17 ?~t- at the Court House, the .....8.th....... ....... ..::::.:ii-=-5".;;, ;k.. THE SERVICE PRESS �C OMMONVJEALTH v. ) Witness Subpoena JAMES ROY SYNAMON To April 13, 9:30 1948 a.m. at Witness: A. F. Carroll --..------.·--. .............. _.... _________________ _ ..--------........................................................................ ______________ ..___ _ ___ .,. ,._,...,. ., �\Vitness, Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, A. F. Carroll, Estridge E. in the name of the Commonwealth T.nray, s. 0 p. - to appear before the Trial Justice Court of said County, sitting in said County, on l Q tb clay of __ of that clay to give evidence in behalf of in the pending v. _ Va o E. Huffman, Luray, 'la E .. Ki_$er, of Virginia to summon ______ at , 19-4.2..-, -tOHCcr-t"7'0H-Hb~ef-f-r'--- Harr :is onbnrg , Virginia at the hour of ---02....-: Q.,,-..,.,Qe--,p~,.--;~,...,f~ --0 Com' th case of _..,_C,..,o .... w""'""'""t....,t,..,h-------------------------------- Jam.es Roy Synamon �. EXECUTED/t)-!J.. j'flN < ,-.,.,-.,.,-.,. ~ ;:..· (b rr. rr. er i:: (/l THE COUNTY0 -. 0 ~.. CT P' b ;,;- (') (I) z .-+ >o ? 0 ::; ~ (!) p, t\:)' ~ t - 0 __ ·---,, - C rr. '-I c:::. (') (I) n .., 0 C .-+ a [,f'Ue ---------- l.-uµ_✓ to~.. _ti.._,_-E'~.Ll.Le.i._" LL ,Y~ ______ _________________________ _ .., >-3 .., p;· ROCKINGHAM BY DELIVERING A TRUE ,, COPYOF T1;_.E ,WITHI~~ TOLLLi--,,:;1 ft?.k,<...,~=·-~~e__..___ __ IN PERSON . ! ._& ~ ll :::ceqp~c..-::: 1-::] 0 0 0 CT • I-' 0 .. I-' ill lf::s -...J p, CT t\:) ~ 0 sumn1on ...;,,u',c.J/t).-__f---:::..¥:.7_ ______ by Cit:i;1venng • r1Je within ,._ ~cf--- l~_f:Jr.,.P .f.§_/4.~ -f,{I!/ ------------·------------·Kt-\ nArson. ··----------------~- ,~,, in �Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................... ······················~71·-:;q······fi······················-;·1···:····················f'·········rf ····················/A····+~: .....~....►.::-......... {R.. ....... ······;;,{/:···············)····················· /I.~ ....................... b. ..::... :: ;:::a:, :i:::,e a~~.:::g:h:f ..t!;J/~:;:f ~~.~.~:~~2~.~.~.. ~~~... ~~~~·~· ·~·~·~·se1:d.7 .~.~ .. --~~-z;;;;~~.:.~~~-: ..~~~ ..~.~~~.~..:.~~.~.::::: ~.~..~~~~i~~..~~~..~~~.~~~.~~.~~t~·~ I' ............................................ .~ .............................................................................................................................. . .. who stands charged with a felony ~ And this you shall not omit under penalty of £100. WitnessrJ, ~gBERT SWITZER, Clerk of our s~trt, d,y of THE SERVICE L.%:'M:. PRESS, HARIUSONBURG, 19 VA, fl. 7"nd ;n th, And have then and there this Writf fo at the Court House, the .... / ............... J~-J'i.L,,!/:;J~ • cmk �a. l:il 0 t"' p-! E:.. E-! z t:> 0 G 'l ril ~ E-! I ' ~ µ ll~' r, E-! t:> C. rr: [£: ~ • �--..-----.__:------·---- coMMoNwEALTH vs. J J-.od - DESCRIPTION cpd-"! ~, ~ A ' OF PRISONER §__Cj_ __ "71:'.:___~-~&f'r ______________________________ _ Height__1_-=--~t--Eyes __ j7,_ ______ Hair____ ...... ------Weight_,._____ '?__~ Last known address ______ Color_ ___ J;y__ Marks _______(t; ____________________________________________________________________ _ Z___ ____ Age_______ ___ Occupation_ --~Ii--~~ /d __J_ _¥L£✓-<2___ ::-:__~If_-~ Date of Trial_ ___ , _________-- _-- __-- _____ - -- _________________________________________ _ Result _____________________________________________________________________________________________________ _ ��Trial Justice Criminal Court Docket No. A:;? Iv Com' th v. ~oy Synamon :ra~e TS to 9-8-47 ~</.·-/0-/0--'+7 C at 2PM 11 .'t,11, 'P.~• ;1d,n-.. ��COMMONWEALTH i. Felony (invol. JAMESROYSYN...J\IION I 1U I mans.) �� 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 James Roy Syhamon 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 1947 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_014_018 Syhamon https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_013_commonwealth-v-james-taylor-jr.pdf 4c2445e0476b5732e0ec63fe7ad6e4c6 PDF Text Text COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM,to-wit: In the Circuit Court of Rockingham The Grand Jurors Taylor, of the said Jr., Harrisonburg, deliberately against on"the open court upon their oath present feloniously, and unlawfully and dignity did kill Term, 1959. 1959, in and for the Circuit that James W. in the City willfully, maliciously, and murder one Calvin of Hill, of the Commonwealth of Virginia. of Julius Ri~e, C. S. Leake and Officer and sent now attending 4th day of October, -f1pon the evid,<ce Harry Holly, of Rockingham, County, Virginia, the peace October of the Connnonwealth of Virginia, the body of the County Court County, to the Grand Jury Woodrow Johnson: Joseph, to give witnesses evidence. sworn in �COMMONWEALTH v. JAMES W. TAYLOR, JR. murder TRUE BILL Charles E. Earman, Jr. Commonwealth' s Attorney �COMMONWEALTH OF VIRGINIA IN THE CIR CUIr GOURT FOR THE COUNTY OF ROCKINGHAM COMMONWEALTH v. BILL OF PARTICUIARS JAM.ES TAYLO, J Q Comes now the Earman, Jr., and for in the criminal Taylor, Jr., That 10:30 ttorney the proceeding states Restaurant, P. M., at near the Commonwealth, Commonwealth's the City of Harrisonburg, murdered one Calvin of October or near the front (Pete) Virginia, Hill of Unca Lou's and Community Street the said by shooting ammunition Taylor him three from a .25 calibre Commonwealth I s \JOV 6 1959 James 4, 1959, at approximately pistol. Filed in the Clerk'sOffice RockinghamCounty,Va. E. of particulars of Commonwealth against Ea.st Wolfe Street in the body with ball bill Charles as follows: on the evening o'clock, for in shot and times automatic �:,.r,.~ , �Commonwealth v. Taylor ---I INSTRUCTION The Court aegree instructs the is miy willful, of ope human being being by another deliberate being second with degree malice by nnother without the killing but without ) passion engendered or brought tr> ) ;tMII cation or in mutual combat. in the about killing of one human being willful, / is theAkilling malice, in the first malice. is /ll manslaughter murder and premeditated with and premeditated. Voluntary that deliberate by another Murder in the Jury of one human heat of sudden by reasonable provo- ~ fiO·t 51 15 Bi b;.)]iefat V6 Iii lkC, ti 8 II 1 $.i$11;£li 1 ijt'l.:, 8.t ,-Ci!ii*,@J!W i I., JtS tJ fC. t da,T z 1!:Y)a:yiiiOllS.f p ..J;, ztg e_ •. ; .fij!j i i!i91Q)j1,i@f ! • f *KG, iif,Mk#eJ at , 2iOcti1i.i t ta, ,.. ... ��COM}ONWEA LTH v. JAMES T.t YLOR, JR. INSTRUCTION V The Court "malicious either but of murder, express every action evil flowing· and deliberately sonable the word "malice in a technical It includes and unjustifiable attended indication bent not just from any deliberate provocation Malice and hatred :Malie e denotes motive, an done with an as carry of social means a wrong act or excuse. duty done It may be inferred act done without rea- or excuse. The Court further instructs that have existed malice only anger regardless and cruel or It may be such circunIBtances of a heart cause 11 and used in the sense, motive. with on harm. without time and it killing that from any wicked and corrupt in them the plain sary is used mind and purpose, or implied jury to the law of homicide or implied. unlawful intentionally the as applied 11 , definition instructs shall may first come into or at any previous time. the jury for existence that it is not neces- any particular at the time length of the of ��Commonwealth v. Taylor INSTRUCTION The Court in Virginia degree. first instructs is presumed In order degree, and in order ation find the the every offense the burden that, to murder in the Commonwealth; of murder. or to is on the accused~ if upon a consider- you have a reasonable or not homicide second to manslaughter instructed was done with malice guilty unlawful in the is on the offense or excuse, the aridence, the defendant that of proof you are further of all the killing to elevate to reduce jury in law to be murder the burden show a justification However, the doubt whether you should not ��Commonwealth v. Taylor INSTRUCTION The Court to instructs be innocent this of presumption the trial. every the the By his charged with the plea of the and that the which he accused "not allegation Commonwealth jury crime follows essential crime the of burden the accused's so imposed every accused every guilt is charged, indictment of proving the is throughout guilty" the accused beyond presumed and, that stage of has denied and has put element of every upon the reasonable doubt. This burden, as shift but remains throughout under no requirement if, after doubt of of such This the doubt accused's and part of fendant the full You are the find the further accused you must pleasure benefit the of such the not The accused his innocence, entertain give does is and, a reasonable him the benefit guilty. but instructed committed you innocence law of trial. establish evidence him not of Commonwealth, entire or guilt, by you at binding that the presumption disregarded the to prove considering on the land, is not it is and a mere form an essential you must to be and give the de- presumption. that while crime with you may be suspicious which he is charged, �', �this is feel that not guilty, guilt must reasonable can not sufficient he is but probably to warrant be proved theory to convict nor it sufficient guilty or more likely the conviction of so clearly consistent is that with the there guilty this upon you than accused, remains evidence if not his one which he be innocento ~~~~~ h~-~~•i's:CffJf~ tt4,;,y ~W' bit~ ��COMMONlvEA LTH v. JANES TAYLOR, JR. INSTRUCTION In considering burden of proving doubt, the Court whether the guilt instructs the word "reasonable" doubt or possible must be proved possible guilty jury jury that you should meaning. not overlook doubt is a on reason, and is not to be confused with doubt, the law does not say that a man for beyond every A reasonable imaginable, inferences evidence upon the sufficiency must limit at the trial find the beyond reasonable conceivable or doubto In passing the of the accused nor its which is founded imaginable or not the Commonwealth has met its its of this consideration case, to the including inferences the from lack material presented and reasonable cannot go beyond such nor can you go beyond such evidence jury should of evidence, proof fact charge, to of guilt. Furthermore, questionable doubt, The jury of the evidence the natural to be drawn therefrom. to create arising of the proof bear from conflicting of any particular essential and not a mere doubt in mind that fact, to the proof concerning testimony should of the guilt immaterial any doubt or from be a doubt of a of the accused and nonessential cir- cumstances. If, the after evidence, prevent then If, conviction left cnnsideration in such a state a convinced belief the Commonwealth has failed on the other consideration and honest your minds are you from reaching accused, beyond a reasonable of all hand, the evidence of the truth ;;!°;;?doubt, after of all of of doubt as to ·of the guilt to meet its of the burden. an impartial and reasonable in the case, you have an abiding of the charge, you are then satisfied ��Commonwealth v. Taylor C INSTRUCTION The Court in the first prove, only instructs degree the any reasonable beyond incited desperate to the a willful, deliberate, defendant; in must intended to do; be death. willed, he must that bodily And if do him some serious first degree. you at ought must but such also the what the probable injury to find which on the kill would him guilty and have part killing been of the he willed the deand deliberated deceased, doubt to was not must and result be a reasonable bodily the reflected kill prisoner killing of distinctly by malice, act time murder and the deceased and premeditated not that understood have constitute clearly the the he would there to premeditated injury deliberated him death, of and words that doubt, distinctly and premeditated some serious evidence of heart; other have jury killing wickedness fendant the or do him of which whether the would he had deceased probably of murder or occasion in the ��COMMONWEALTH v. J MES T YLOR, JR. • 1 INSTKUC'l'ION The Court deliberate the the and premeditated intention of time prior such intention time at instructs to kill should to the actual should jury that killing, to constitute it exist for killing; it have come into the time of such killing, a willful, is not necessary any paticular is that length only necessary existence for the first or at any time previously. that ��cm lONWEALTH v. J MESTYLOR, JR. x_ INST UCTION The Court deliberation like instructs or premeditation any other fact, or by a combination stances inference and conditions therefrom, of such deliberation inf erred. the by either of both; jury that in a case by the prisoner direct may be proved or circumstantial and if facts, are proven surrounding which warrant beyond a reasonable or premeditation, of homicide, doubt, then evidence circum- and justify of the an existence the same may be so �I �cm iONWEALTH v. JA~!ES T YLOR, JR. INSTRUCTION The Court the evidence did any act instructs in this the case or that that there ground conjunction with James Taylor, there for execution, killing was excusable although it under and the and there the accused the said to kill of carrying may have turned were deceptive, to kill then, they or Hill on him great danger mediate that designed or to inflict was imminent Hill, if as to afford believing others, that these others, about the accused area- Hill, him, or he in the said bodily harm, and such design into circumstances, out afterwards was no design from brought jury must acquit or to do him great believe with were circumstances by them of such a character sonable jury 9 that the the accused, the appearances on the part personal im- of Hill injury. ��COMMONWEALTH v. JAMES TAYLOR, JR. /t) INSTRUCTION The Court to be caused the plea instructs defense, upon the prisoner; upon the right ful of self doubt Commomvealth as well The Court can rely purpose by Hill circumstances ter as to afford bodily defense was a design into there immediate that /c of ■ :t 1,n not of the in the law- whether that before for all the the prisoner indicative attack. or not consider must be some present peril or of a present The act so done, or must have been of such a characreasonable on the part harm and that such design jury existing, the prisoner relying weight should the a~rehen thus jury the accused. to make the AM rests in the minds of the for circumstances upon such defense, in the case, there in the attending the there tells relies or not he acted the proved such defense And, in determining as that further upon self something as to whether and circuinstances is upon an accused of raising has been established, of the evidence of proving is to establish extent of such right. such defense and the prisoner nor eve;n by the greater to the a reasonable where a homicide resting defense doubt, but ... exercise that the burden the burden beyond reasonable jury jury by the use of a firearm of self evidence, the of Hill existed execution. grounds for believing to do him some serious imminent danger of carrying ��Commonwealth v. Taylor II INSTRUCTION The court danger, if consider he and could time; in is entitled as they that victim. any, the accused instructs to which jury the accused was they reasonably circumstances draw such reasonably other may not that conclusion the be tried reasonably as have words, to may or the have from drawn, situated Court instructs and appeared in passing judged existed exposed, those in the you will appeared to circumstances as he was you by facts to him, upon and not the mind that and as the the accused circumstances by any of at the the intent z]JegBd- ��Commonwealth Taylor INSTRUCTION The Court doubt as to the guilty,~ find grade you him guilty reasonable first in instructs doubt as or the degree the second whether slaughter, he is you of shall of the degree. guilty should the jury offense resolve If he find to is degree, in him guilty should second doubt as to whether you must resolve doubt in favor him. favor, if find of and you have doubt degree he be guilty the accused in the him guilty of manslaughter, a reasonable may be of murder reasonable the prisoner in his guilty you have that the a reasonable illustrate you you have of murder you have doubt grade; to whether if of which that lower second that as to or manand at if all, and acquit ��CONMONWFALTH v. J MES TYLOR, JR. INSTRUCTION The Court nesses instructs is a question the exclusively pearance of the witnesses tifying, the reasonableness their apparent or lack candor of intelligence, the parties, if any, of the trial, cumstances termine relative ingly. ,~hich witnesses weight that for the credibility the on the stand, jury. their and consistency and fairness, their the interest manner apparent of the witness the other jury are more worthy of any such testimony of testestimony, intelligence of the witnesses and from all on the trial, of wit- From the ap- of their the relationship if any appear, appearing jury --- to in the result surrounding has the right of credit and to give cirto de- and what is the credit accord- ��filOMMONWFALTH v. J MES TYLOR, JR. The Court of a felony but the fact in passing instructs shall INST UCTION / d- the a previous not render of such conviction upon the credibility jury that a witness incompetent may be considered of his testimony. conviction to testify, by the jury ��cm IONl LTH v. JAMES TAYLO ;j INSTRUCTION The Court question take of the into jury that in determining the or innocence of the accused, you may consideration the flight of the prisoner after of the crime, the other in the the guilt commission all instructs case. facts if the same is proven, and circumstances introduced alnng the with in evidence �,. �CQl.OiONWEALTH v. J., MES TAYLOR INSTH.UCTION The Court intend sary that instructs the jury that which le does or which is consequences of his act. a man is taken the immediate to or neces- �t �cm,n. ONWEA.LTH v. J MES T YLOP INSTRUCTION_!_]_ The Court deadly instructs U f gave to the decaased to have been willful, necessity rests P n that ve.--Y .r/ I j J.+ a mortal upon the accused to remove or rebut if the prisoner, taken into f' rel YO CtJt.-1-,." such presumption, degree. J with a possession, 11.-.. 1- ~,, 'J' ?rOVICR is presumed and the to shm.,i extenuating circumstances, in the first his IN, and premeditated, circum- and unless he or such circumstances -from the case made by the Commonwealth, of murder 4'r wound 'Ii such killing deliberate shmv"s such extenuating appear jury weapon which he had previously If stances the he is guilty +1 tin ' �'. �COM}fONWEALTH v. J 1ES TYLOR The Court criminal in this jurors, after case, should it is his tain is different convictions of the jurors of fairness and candor it tions, consideration can be done without agree upon a verdict. all with to the to mem- the evi- his fellow doubt as to the guilt of the guilt his of the accused, the rest are further of the own convictions or as to the of the jury as to the guilt with respect if any individual consultation to discuss a convic- with respect duly considered because is the duty if with duty not to surrender simply of a a concurrence before true a reasonable The jury careful true lilcewise and after as to the degree. give of guilt this having or innocence of guilt, upon the trial law contemplates or as to the degree as to the guilt degree that Therefore, entertain of the accused, accused, but of the crime. of the jury, dence the Not only is of the accused, the degree ber jury minds in the conclusion can be had. guilt the case by a jury of twelve tion instructs enter- or innocence instructed the evidence that or it in a spirit each other, and with open minds to to the views of their fellows, sacrifice of conscientious and, convic- �(' �ON AN INDICTMENT (HOMICIDE) This day came the accused, James Wesley Taylor, Sheriff of this writs said twenty wealth came in the custody facias and defendant from exception; counsel and the accused heretofore persons and found was handed of the appointed, summoned by the twenty Whereupon a list persons the Commonwealth and the from persons And of venire by the Court for County and by his Donald D. Litten. under attorney Sheriff were examined duly qualified containing the names of to the attorney who each alter and free for the ately struck remaining twelve, Common- therefrom I the names of four persons who were selected as aforesaid who were sworn to well make between and a true dence. court and truly rander On motion case evidence defendant, of the Court pf counsel; during the attorney serve with only to ,others; slight it will because the murderer slight"; the accused jury Common- the written the argument of the having all attorney occurred: the Commonw~~l~hn~~marked that James Wesley ~ • Wct.>ld be punished~so that his punishment "as a detriment deemed necessary the by the received argument that room of the was offered heard evi- the should go free law and the was ordered and having the opening at the bar from the Commonwealth the following for Taylor it and deliverance ~ to the the jury instructions for and t according namely the jury and the person by excluded And after and the try of the accused, in this trial. wealth to constitute the eommonwealth verdict witnesses and the punishment, whenever be committed will know that having and to declare and if he is allowed a murder is in Rockingham County his moved the a mistrial~~ to punishment will be Court to discharge ~ ◄ t♦ "-' such argument was �./ �August Mr. James w. y or, Jr. State Penitentiary Richmond, Virginia 31, 1960 #77038 Dear Sir: Your letter of Augu t 29, 1960, h s been r ceived. disregard the request made for the original petition t1oned therein. The same 1s on file in this office, will be submitted at the proper time to the Supreme Court of Appeals. Please ennd Yours very truly, Margie Bowers, ARting Clerk �€,0 seae!q • v!e~e eed ead -ne notj!jeq Isnlgl'Io erlj brt , ol'l'lo lrld .aJ: ! . -,:t 910.[ ~ • ee s't .'lJ 13.a ln·q eja~a .sln,la'I.t V , ao mo.t£ ,OoeI ,es~ '101 r13uA 1o ~ejj £ ~uoY ebam jaevpa'l erlj b'Ioge~alb .J:.t'l no a.t e e41q118 rl3 o.t e .t::t rraqO'Iq eMB a erlT erl.t ::t.0 • .ctle'Ierl;:t beno l.:t b ;:t;t.i:n•dJJa ed .Lflw • .C.e eqqA 'lo .t'Y.UOO �500 Spring street Richmond 19, Virginia August 29, 1960 Circuit court of Rockingham county Harrisonburg, Virginia v. Dear Miss Bower: your letter 2th Whereas of rt appears corpus w. K. to Mr. that was denied have not receive the mail was received that it for the 'Writ of Habeas the "original etition and it is shown here Therefore, notaries date, b ecause ing that you will copy", which a full on the record of however the Order it as you have requested. is impossible for However, I do have I am no~, typing up, and will get it to you in a you a re aware that it will not bear the original Id id not have my copy notarized. explain you can obtain did not enter was for- petition". on the 11th day of August 19600 I am sure that is the counsel the petition on the of same to meo institution a copy of the petition, again a co this me to submit the ''Original few days, that was received on August 11, 1960, and when a cxa>pyof the order sent incomin sup•t., he has submitted you contended warded to me, you also h Cunningham, Jr., the matter to the supreme court copy from the Attorney General Therefore of I am hop- ppeals. Office, And whereas he for the Respondento you also stated, that the petition was denied on the 11th of August 1960. In that case there have been another error maded. If the petition was denied on the 11th of August, "How could it be entered on record on the 9th of August 1960. In other words, you are saying that the petition was entered on record denj ed, before it was heard? And in regard to the petition solely, such petition was suppose to become a part of the Court records, at lest until the perj od of appealing has expired, .And see, "Rules of supreme court of Appeals, ta:, Rule 1:10; 2:22; I 5 (a); and I 6 (a). Therefore according thereto, if such petition was sent hack to me, such Office is acting contrary to law and the Rules of the supreme court of Appeals of Virgini~. I am also sending a letter to the u. So postmaster General, at Richmond, trying to locate such mail. T would like very much to have an answer to the questions aboue. Thanking in advance.for an early reply, and your affableness extended to this matter. I remain, �AFTER 5 OAYS 500 SPRING RICHMOND RETURN TO STREET 19, VIRGINIA V p.. Miss M. Bower, Acting Clerk Circuit court of Rockingham county Harrisonburg, Virginia Attention please ��February Mr. John W. Tay or, Jr. 500 Spring Street Richmond 19, Virginia 18, 1960 77038 Dear Sir: The ti e allowed you for appeal was within sixty (60) days from the time you were sentenced, that bing November 20, 19;i'9, which wa the date of final judgment. The fact that execution of entence was suspended for thirty (30) days does not give you ninety (90) days to appeal but only allow• ed you to stay here in jail for thirty d y. The sixty days aving your letter as notice way it is. expired last month, I can not accept of appeal. Sorry--but that is the Yours very truly, J. JRS:mb Robert witzer, Clerk �. 'IO r tn... . ·l .ado :t '!dB n.t .a .s.t.al 'Il V (>J: n . 'I, . 'It 00 . o 1..fl 'I a b (Oo} • j le alddlw aa laeqqa ,O d, ol nl d j rl1 .beonej.ae c 'I01 'I edT -y; b wor.!e s l;t ml:;;t adj mo'I,. w uo .t .to 1 tlr.r1 ~II . bLJt ! nl:"1 'io e j eb edj b ( Ot.) -y; 'Ilrl.t "te>'i f,ef>neqeJ:J .aw 009u ;x - o.r.r.s .Cao :Sud .[ eqq o;t -y;.ab (O(>) ~:t a.tn uoi "{B • • b -y;j'Ilrl3 q 02 dj ~on l d ~ I ,djno dud-•o j 'I01 I!at r b 'I!qx .Lseqq o nl: 0: ~ ilO.t.dw B rl t I e 'lo nol.tuoexe J. v.t j- o.t olv d o!doa d!'!I: Bfit �February Mr. John f. Taylor, Jr. 500 Spring Street Richmond 19, Virginia 18, 1960 77038 Dear Sir: The time allowed you for appeal was within sixty (60) from the time you were sentenced, that bing November 19j9, which w the date of final judgment. Th fact execution of entence was suspended for thirty ( 30) d does not give you ninety (90) days to appeal but only ed you to stay here in jail for thirty d y. The sixty days aving your letter as notice way 1t is. expired lat of appeal. month, I can not accept Sorry--but that is the Yours very J. JRS:mb days 20, that ays allow- Robert truly, witzer, Clerk �O l'l f.J c:! .fJ:L . 'IO' .8 J '!d' lttl: cxlV : ,b qq.e Is ld' erlT e.t ,tj j .dol o n l , .Ju 'I LJ b (0~ 'IO .U so I .ton l ~ ~.Lu'It tt b .ls jil CI t .tq o 1 d l CI "WOY d : 8fit �AnER 500 II DAYS RETURN SPRING RICHMOND TO STREET 19, VIRGINIA ___ ... .__ The Clerk of Court Circuit Court Rockin~ham CountY. Harrieonburg,Virginia ��500 Spring Street Richmond 19, Virginia February 16, 1960 The Clerk Of Court Circuit Court Rockingham County Dear r1Ir. Switzer: Or the and sentenceu sentence 20t:h dav of November, to twenty was suspen'Jed of judgment December I arr, asking judgment. error, the etc., statutory letter tion" years by this is time limit letter, that the necessary Petition of Appeal. and if it can and will final date from t:bis asc:ignments of anneal Tam asking I will send the of before that "formal this peti- has been completed. you, I remain, yours, . rnaylor, adTiee Court of the an apneal anneal, notjce Accordingly, Respectfully Would you pleaee rrakinf! the for J file Thanking P.s. ~xecution I be allowed that ex~ires. as Notice as soon as it of 30 days, in this 1959. fjnished and it J was convicted in the penitentiary. a period 20th, I have not be accepted just for 1959, me if be ~.ccepted this letter as such. ,Tr. , 77038 ie sufficient notice of a eal �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 pris_QJJersat 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 busmess 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 L TMATE'S NUMBER 01. 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 iti 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 paj.imas. 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 •hat cannot be readily censored. No tobacco in any form. kind Quantities of items permitted should be hel down to a reasona Jie amount. ~ I 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. Same hours as Sundays and Holidays will apply. �August 24, 1960 Mr. W. K. Cunningham, Jr. Superintendent State Penitentiary Richmond, Virginia Re: Jame W. Taylor, Jr. v• . K. Cunningham, Jr., 77038 Sup't Dear Sir: The petition for a writ of habeas corpus received some time ago from the above na ed Penitentiary prison r w s denied on August 11, 1960, and 'When a copy of the court order was forwarded to the prisoner for his information, the original petition was inadvertently returned to him. The prisoner has now filed objections to the order with notice of his intention to appeal, with request that the record in the matter be prepared. Of course, no record beyond the order itself can be made, unless the original petition is returned to this office where it should be permanently on file. Will you please procure from the prisoner such petition same to this office at your arliest convenience? and forward If the original is not available, possibly the prisoner could provide a true copy. We are not interested in the other document which accompanied the petition, representing the prisoner's brief or memorandum of argument on the subject which was also returned with the petition itself. Thanking you for your attention to this, I am Your a v er:, truly, Margie mb Bowers, Acting Clerk �0 l 'I t IJ alruusO . s .r I n.! o �Au ust ~3, 196 .r. eno . l rp Ill A slr~en~ lttJrney GenerEl Rl~h ond, V r inia Re: Ja1es v. W. W. Taylor , Jr., unningha Sup't, etc. You letter ddres sed to t e cnor" b e Ge r e W. Ke.'lper, C er';: f th s Ccurt, was rece .ved. dr .. (_e per hrs n t yet qua ified but will probably o so Septe1ber first. i fuwever, I e 1 n losing hererith a r py of the order :.!.ssing the n.tt for h,.beas corpus. dis- Afte • t~.i nrde 17bS enti::>red, e pe~.:. tion an' c py cf th 0rde ....Ts returnee to tne prisoner, Je .es W. Taylor, < t t.~, Stcte Penitenticry, ·t t1~e ~uggection of Juq::,e Heas. D· you h ve ~opy f tne P ~1 ion and are you ·ble to .fu.:!:l.ish t.i.i office witn sa e'? I shrll rppreciete your reply in 8 ·rd t s h copy. Yo rs ve y truly, 1:.b Enc. 1. ��O. GARDINER FRANCIS A. S. HARRISON, RENO JR. ATTORNEY MOSES KENNETH C. FRANK PATTY FtRST D. MCILWAINE, S. HARP, MANDLEY GENERAL HAROLD ASSISTANT OFFICE OF THE ATTORNEY WILLIAM RAY JOHNSTON PARKER EM MEASON, V. KELLY P. BEAN BAGWELL.JR. ASSISTANTS RICHMOND August 22, 1960 Honorable George W. Kemper, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Re: James W. Taylor v. W. K. Cunningham, Jr., Superintendent, Dear Mr. Kemper: This office is advised that the aboveentitled matter was dismissed by the Judge of the Circuit Court of Rockingham County on August 9, 1960. It would be appreciated if you would furnish me with a copy of that order. ely I RSH/h no . H , III ssistant Attorney General ill Ill HARRIS V J. COLEMAN GENERAL TYLER C. LEE ROBERT etc JR. �+ �COMMONWFJ LTH Vo J MES TYLOR, JR. ClL R.GE TO JURY If you find indictment, thought the accused and that was willful, find him guilty of murder punishment at death, life, or for ment, but and that that you Nill his it him guilty him guilty nor of murder heat, find him guilty provocation, of voluntary at confinement years with malice his for in the indictaforethought, and premeditated, in the second then degree, and fix for not less in the first degree, but actual that he killed or implied, or in mutual manslaughter in the penitentiary nor more than five as charged of murder degree, aforethought, on reasonable and fix you years. him not guilty malice afore- yearso in the penitentiary twenty in the second degree twenty deliberate in the and premeditated, in the penitentiary of murder, of murder nor more than without than at confinement If you find Hill or by confinement was not willful, find as charged with malice in the first the same was committed punishment than five deliberate any term not less If you find of murder, the murder was committed it will and that guilty for upon sudden combat, and fix not less Calvin his than you will punishment one year o him not cruilty nor of murder but find i the ughter, him gu say so in the and less than by a fine one more th years, for or, n not n by .___ jail not exceeding If you find o e y r, or by both him not guilty, such fine and impAisonment. you 1-lill say so and no more. ��11/20/59. Commonwealth v. On an indict]Jtent James W. Taylor, the accused, sheriff of this county Jr., and by his and the jury of the court, and proceeded the accused, by counsel, serve should only slight be committed evidence of the court will thereupon Jr., dictment, guilty and fix to set aside (1) Because support said verdict it. (2) Because to ask certain cause We, the jury, at twenty Thereupon, find the accused, of the jury is contrary the Court on the voir completed the following the defend2.nt, as charged dire James W. in the in- in the penitentiary. by counsel, on the following moved the grounds: to the l&w and is without erred the a verdict, and returned years it will know that to consider court with to which action and having jury retired into will would in refusing examination evidence to to allow the defendant of the jury. (3) Be- the Court erred monwealth. in his questions to go free overruled, excepted; the his punishment the verdict punishment and not based upon any of murder in the second degree Thomas Leap, foreman." court his the murderer the court by counsel "November 20th 1959. Taylor, so that was inflammatory some time they came again verdict: the of counsel, a murder is deemed necessary which motion the accused, received with the argument and if he is allowed whenever be slight" of counsel, and zfter And having severely to others, in the case, argument and sworn for the trial in Rockingham County because his punishment appointed, to declare a mistrial bein his open:Lng argument for the connnonweal th/that "James attorney punishment, of the moved the court be punished as a detriment the commonwealth, heretofore impanelled instructions :the Temark_:~xthe for counsel to adjournment. Wesley Taylor (murder) came in the custody came pursuant cause case the attorney James W. Taylor, Donald D. Litten; of this felony Jr. This day came again ua charging in granting certain instructions tendered by the Comthe (4) Because xx:bi remarks of the attorney for the Commonwealth opening argument were inflammatory and constituted grounds for ��mistrial, and the Court motion, in refusing to grant the motion On such other grounds to declare a mistrial. (5) be assigned in writing. And the Court of accused may later erred to which action excepted. It of the court then being inquired the accused, should on him and nothing or alleged it is therefore recover considered of the this prosecution, this state offered said James W. Taylor, and that for accordance with jail he can be delivered until tiary, tiary house of this awaiting trial. sentence of On motion is hereby in order to allow Appeals of Virginia court, the costs for at hard labor of in therein jail to be held Peniten- and penitenand kept by law for of s_aid Taylor to is im- the term to be sub- time he nas been he4-d in jail suspended if he be so advised. to of the State of the accused, a writ incident to an officer days, him opportunity thereof, in the penitentiary in the manner directed 4l sentence And he is remanded The term of imprisonment to a credit he jury. comr.1onwealth, and treated aforesaid. this Jr., (20) years of the anything the commonwealth to be removed and convey~d to the public prisoned ject the verdict in delay that he be confined the term of twenty if not pronounce by the court said by counsel, of the accused had or knew to say why the court being overruled as for a period to apply of error by counsel, of thirty to the execution '(30) days Supreme Court to the judgment of this of of ��.0 0 T 6 .5 L: 6,--, /;....,0 ...., (.J .__ L 6 .t, 8 6 .'.i2 6 SG 7 .l 0 6 /,8 6 .'' 0 5 .7 0 6 .:: 8 -; .l 0 81.~8 T 6 .5 lJ. 7 .: 0 6 .'; 0 D .2 2 5 .s2 6 .: 2 6 .~ S 5 .S 8 2C 5 .71 0 u 2 -1 ,.,., 'i - .~ ..,J ,";'.C0T ...,, ./.,. ! ��.Ju]y Mr. ,I. Robert Sw:itzer, Circuit 25, 196o CJerk Court of Rockingham County Harrisonburg, Virginia In receipt 25th. of the record lihich I requested And therewith same is one (1) I was infromed the cost for dollar. Enclosed herewith amount of one ($1.00) wi tnessess that July you will find a check for the for the record in regard to the summoned • much for me on such earl our affableness extended date I remain ours / JWT we James w. Taylor, #77038 �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 ahd 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, pot 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.~. and 11 :30 a.m. and from ~2 :30 p.m. to 4 p.m., Sundays and Holidays only. Inmates may be seen for busmess reasons any date provided advance perm1ss10n has been obtained from the authorities. No inmate may receive a visit from anyone until he has spent 30 days in the institution. :09 NOTE: On and after March 14, 1959, visits will also be permitted on Saturdays. Same hours as Sundays and Holidays will apply. �DIVISION OF CORRECTIONS THE PENITENTIARY 500 SPRING STREET RICHMOND 19, VIRGINIA DEPARTMENT OF WELFARE AND INSTITUTIONS August 25, 1960 Mrs. Margie Bowers, Deputy Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Dear Madam: In response to your letter of August 24th I have contacted James w. Taylor, Jr., our #77038, in regard to the petition to which you refer. Taylor says that no copy of the petition was returned to him, and we have given him a special letter to write you concerning the matter. Very truly yours, /)JJ W. K. Cunningham, Superintendent 'WKCjr/vh ��AFTERS DAYS RETURN TO 500 SPRING STREET RICHMOND 19. VIRGINIA Mrs. Margie Bowers, Deputy Clerk Circuit Court of Rockingham County Harrisonburg, Virginia �r, �I �~ ~~~Z~--~ ~ ~------~_ In my ba, , -·- ~/ .tP ~.....~ ...~..... fo~ ~~. o5?, /'f' ..... __... L....... • not ~~~---·- -"" S.R.C _ DEPUTYSHERIFF -·~~~··-~L?_~,~ ··---.!::f.::_£.:.c ........... ~....................... - �- ~=========================================== In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon F.:r.~.E3fi J:Iq:l.:l.y (:E::f.:f'_.1,ri,g~;r. ...S.:t~.u.Shi.J:..,~li~~~f3.9"1:l. Fs ....······- ---···........J!J.i....F.131-1.n.1-.~ ...$ 9.9J.t;; ...;B.q9. :t.:i.El ...:M..~.cl4~.l'l: ...( ~f f:i ~g ElJ'...S.t;.~J.;.................. . kn /'..5 - .E.a,aj. :ty ..l."19. .s.l?Y ...~.Q~.~9.P:, ....G..~.9:v.~r. ...G.lµ":r.Y ...<.B..r..1.d.ge.l:l~t;.~.r..l _;_ ...~J:?,.~.~,. I /) .f t2/ f J..-~""6- J:rr~~.t;t; ... f.s· !-,~E:! .. JI.~P:J:'Y ... .4.,P1'-~,;.._,t. L ~.ti.~.~:r.~ to appear before the Judge ·;, the Defendant . . ... . . .. . . . . .. . . . . .. in the prosecution . . . . . . . . . . ... . . . . . . . . •· ............ .( .Jc.E3.l.J S. Y ... :t..~.). ; .... :B.9 l:> l:>y ... 4.~.~ .. J:l)~r.P.El.rJ 4 .. :e.aw.~4~-.~ ......................... . '71f ' ...................................................... .. u'~ of the Ci1 :uit Cou;t ,if Rockin~ham o'clock, a. m., on the~9.~l'.l:<lay of .. . .. ..J~lso 05 Cou11ty, at 1he Court House thereof, 1'1: ...()Y..6.IllP.~.:r..... .... .. . , 1959.., to testify and the tmth of the Commonwealth ~ ~~ ~ ... W ...... 'I'FJ,Yi e>.r.., against .. at 9:30 to say in behalf of ........................................................................................ . .J'.:r .•., ...•·.................................................. •·...................................... . 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,Q:t;.l;I, day of.. ......N.ove.:mbe.r., .., ............ , 19.5.9, and in the 184th ....year of the Commonwealth. ��DESCRIPTION OF PRISONER Last known address Color_~---i,-'-1/ __ Marks __ Age _ Height1-______,_,::::...=:..____J/_ Eyes_;....=~=-- Hair_.:....;/-:.:...._;: __ 1,,,---=--H=~=c....:_----'-~~~-----'-===.:....:::::...--:!:~~-------------- ____,_]J,,__.,.7'--/ Date of Trial Result 1 -~/~t)----'-~--'&'--'-=Ct...,_.,.,_:1.....,~r-=14c..L=dc....,....""--L.AX-=-..,_ ___.,__--,:..--------------- l 1..--/ 1- 1'-1) ------------------------------------ - ~7 _ ��Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: to appear bef~e The Coun~ ----+/_5_day of Court of said County, /..1 c: , 19~, sitting at Harrisonburg, at the hour of Virginia, L (//A__ .111 said County, on of that day to give evidence m behalf of (' ______l --t/:_ m the pending case of -'Q..."""'~==''---~~-c==-----,----------------- LJl v ~a (£ven "T;;,L under my ha:~cr=..,_s___ & i'__ _,__/_o ___ day of Clerk ~~ 6-56-SM-Garrison �The County Court ____ _j_Jocket No. ,J () J-6 / C~,~ zH ( V. ( Witness Subpoena ( • I c}=,Q tJ, !7tL J-./ 1 �Comp. Form 18 lf STATE OF VIRGINIA ~ OF Harrisonburg -Cit,y - - No _____ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: J_._F_._Ri._' t_c_h_i_e ___________________ Whereas, ___________ _ John G. Leake has this day made complaint and information on oath before me, -----,--,------------------- Justice of 'Bhe Peace (Name) City of the said Gcmciiy,tha'-----------------c--c-- (Title) James W. Taylor, Jr. _______________________________________ 4th did on the.____ kill ~day 59 October of_______________ and murder Calvin Hill, aga:inst City in the said ®xl:mcy , 19__ and feloniously, : Unlawfully _________ the peace and dignity of the _ Commonwealth of Virgi.nia 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 (1:Jrlldia) 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 ----------------LJ color Address _________ color Address --------------- □ color Address __________ color Address--------------- □ _ _ --□ ---□ as witnesses. 4 Given under my hand and seal, this,_____th day (Seal) �STATE OF VIRGINIA-COUNTY OF -----------------------~ a I •• ------------------- to-wit: Judge of the 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 _____ of Virginia themselves indebted Dollars in the sum of ------------------·------------------- to be made and levied of their respective goods and chattels, ), , have this day each acknowledged be rendered, yet upon this condition: That the said _________ lands, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court .__________ County County, on the _________ of 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 the said -,--------------------shall keep the peace and be of good behavior for a period of -----------~YS from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this day of ,19 ___ ~., ~ ~ (i 0 ~ "' E. ~ \t '' ' , ~ .. ~- ~ ~ ., (") U) 0 E. ::s :l: a a0 ~ (i 0 ~ "' '41 8. ~ { n ::r ~ ~ ::s s· ::s a a0 i:: "' E. ;. llQ ::s 5· > ... 0 .., ::s ~ s "' "' ,. "' § ... ::s "' "' "' ~ "' ::s ~ '71 -r, Ill .., t l ~~ ;:..., ;,;- "' "' r;:.Ill llQ ;,,c .., .., "' ~ -"' .... ::r, ::, 0. 0 ~ t-3 ~ ~ 9 ~ '71 0 > ~ ~ ., > t" z Li;! Ill ~ m Ul >-3 ::c ... '° l:'J 0 "1 c.... 'i • I~ 8. ~ ~ .... ~ ~ i:: 0. .., .., C. Ill .., "' '< ;'!. "O Ill Ill 8. "' ::s ::s E. 0. to '< Ill .., 8. 0. 0 < :;· < :;· Oq Oq 5' 0 I» 5· 'O 'O ,. .. _;· F' ~ I» !! ... ,. ,.0-. :i,. ::r ,. O' ffl ., [ 0 ~ 0 ti.I ~ ti.I go. i:: .. 0 g p ::s ~ ;. "' ;:;.· }-..:. ~ t.,. d ' t--> t (.,, ~ r 5· OQ ~"' -..- ,...,.,... 0 i:: - ~ s,. "' ,. "' () i F Ill 0 I I~ 0. "' "' '< z '< ::s (') ,. ~en z., ~ 0 0. Ill ~ 0 \ ~ "' Ill llQ 0 ~ ~ 2: ::s • ., ::1"' >c....> ;. "' "' >4 Ill t:, 0 ~ :i. ~ • .;;· "' ;. n, • ~ ~ 0. "' ::r 0. ... .tl f ~- !" "' ;. ~ ::s ~ < s. n 'O (') 0 !! ~ ffl a "' Ille a5· !+ Ci\> m X n "' ;. t s1~ "'. Judge. J.P. ~-- ~ 0 () 0 i:: ::s ~ n 0 OQ ::s ;;;· ,. 0. �7-la (Rev. REPORT 12-31-56) -1C_ - of the LABORATORY--"- FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D. C. Charles E. Eal'filan, Jr. Coromonwealth 1 s Attorney Rockingham County Harrisonburg, Virginia October Mr. To: 15, 1959 This examination has been made with the understanding that the evidence ls connected with an official lnvesllgation of a criminal matter and that t~e Laboratory report will be used for official purposes only, related to the investigation or a subsequent criminal prosecution. Authorization cannot be granted for the use of the Laboratory report in connection with a civil proceeding. Re: JAMES rl. TAYLOR,JR., SUSPECT; CALVIUHILL., VICTIM; -IURDER FBI FILE LAB. Examination requested by: Reference: Examination requested: NO. PC-58711 IJ NO. Addressee Letter 10/6/59; personally delivered Mr. Gifford Joseph on 10/8/59 Firearms by Specimens: Three Three white White - Q3 Q).:.- Q6 Ql 7 ~ bullets cartridge shirt T shirt cases 6.35 mm (caliber .25 Auto) Beretta No. 62295A Kl automatic pistol, Serial Results of examination: been fired The bullets, from Kl. as having The three cartridge been fired in Kl. Ql through Q.3, were identified cases, QJ+through as having 6, were all identified Microscopic examination and chemical processing of the areas surrounding the two holes in Q7 and the three holes in Q8 revealed a pattern of gunpowder residues about the hole in the central chest area of Q7 and on the exposed area of the T shirt, Q8, closest to this hole in 7. This pattern of gunpowder residues is consistent Page 1 Continued on next page �,J l �with that produced at a muzzle-to-target approximately twelve inches. about distance No gunpowder residues were located the remaining holes in Q7 or Q8. separate Ritchie, or or developed The evidence, listed above, is being returned under cover by registered mail to Chief of Police Julius F. Harrisonburg, Virginia. Page 2 PC-58711 IJ �...: ~ " v -' - .' J• . .. . r u ie'l t u V ( w " .., ._, "l ... ..... �VIRGINIA STATE DETACH PENITENTIARY ITEM NUMBER 77038 DESCRIPTION BEFORE OF CASHING PAYMENT J. U. Taylor ITEMIZATION OF CHECK N<.> AMOUNT PER ITEM 49138 TOTAL 1.00 THIS CHECK MUST BE CASHED AT ONCE ��RICHMOND f9, VIRGINIA soc: OFFICIAL BUSINESS P-17 IN Hiss Margie Bowers Circuit Court, of Bocld.ngbam Count7 Harrisonburg., Virginia. �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 cir friends whom tbey knew before coming to pri,son. They cannot correspond with prisoners in other institutions, or relatives ot 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 fetters 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 tl}e envelope. The iastitution 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 Certifie& Personal Check. All money sent to an inmate is credited to his account and he may order whatever he desires from the prison comfl'!issary at regular intervals, not to exceed "the value of $20.00 ·per month. All out going and incoming mail is censored. PACKAGES ~ C . ' . 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 instrumeots, and portable type'?,'titers are alJowed J:>yspecial permission, but must be rt:gistered on arrival and may not be transferred from one inmate tb another. • • • • VISITS Members of the inm, t's immediate family may visit him twice monthly. Visits must he two weeks apart and between the hours of 9 :0C 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 1ness reasons any date provided advance permission has been obtained from the authorities. No inmate 11:ay 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. Same hours as Sundays and Holidays will apply. �500 spring street Richmond 19, Virginia Au ust 2 1 0 JTnited state postmaster post Office General Richmond, Virginia near Sir· The acting clerk, Miss Margie Bowers, of Rockingham county, an norder" from the aforesaid a npetition in full". of August 1960. rt so that grant court to Mr. and I would like the full this matter is awaiting w. K• Cunningham, Jr., thereof) of the incoming mail does enter". will you please check respective. your earlies have in my possession post marked the 11th very much for you to come over, detail, my reply that to me along with or any parts or docketment of Rockingham county, of Virginia, I also the "Order" the record court has contended was forward is of the most important, I may render Circuit that such "petition matter; please court (But not the petition, This petition this Virginia, I received is said here not show that into Harrisonburg, for the Circuit attandance, whereas and the supreme court to matters a letter supt., the of Appeals of importance. from the said informing Clerk, that such petition attandance, and affable- was sent. Thanking extended you in advance to me in this matter. for earliest I remain, Respectfully yours, James q. Taylor, -#.7703S �POD Form 1510 Original-Part I ADDRESSEE: Please state in the delivered to you and SELF-ADDRESSED response will help to POST OFFICE DEPARTMENT Post Office at -----------------------------------------------Date -------------------------------------------spaces below whether the article described on Part II has been then return both parts of this form in the enclosed OFFICIAL ENVELOPE WHICH REQUIRES NO POSTAGE. Your improve the postal service. POSTMASTER. ( ) REFUSED. REPLY OF ADDRESSEE (Check one): My records show that the article was: ( ) NOT RECEIVED. ( ) RECEIVED. If any contents missing, list them: -----------------------------------------------------------------Value of missing articles, $-------------------- --------------------------------------(Date of reply) (Signature of addressee or agent) 16-23385-12 POD Form 1510-Original-Part II Date--------------------------------------------INQUIRY FOR THE LOSS OR RIFLING OF MAIL MATTER Registered No. ___________________ _ ( ) Special Delivery Certified No. ______________________ _ ( ) Special Handling ( ) Letter ( ) Parcel Insured No. --------------------------------- ( (Insert "Unnumbered" if l0t fee) ) Air Mail ( ) Ordinary C. 0. D. No. ------------------ Charges, $--------------Envelope: ( ) Long. ( ) Short. ( ) Business reply (Postage to be paid by addressee.) Complaint ______________ Date mailed --------------------------------------------------------------(Loss or rifling) (Mo.) Mailed at (Date) (Yr.) (Hr.) (Day of week) (Oity and State) ----- Where deposited ---------------------------------------------------------------------------------------(Main office, station, branch, or location of collection box) Contents ( describe fully) and value ---------------------------------------------------------------- Sender: Addressee: (Name) (Name) (St. or P. 0. Box or Rural Route No.) (St. or P. 0. Box or Rural Route No.) (Oity) (Zone) (State) (Oity) (Zone) (State) 16-23385-12 -------~----------------------------------------------------POD Form 1510-Original-Part III POSTMASTER, OFFICE OF ADDRESS: Date --------------------------------Please show disposition of the above-described article. -----------------------------------------------------·-----(Postmaster at mailing office) REPLY: Date ---------------------------------, 19______Has addressee received article? --------------· (Yes or No) (If delivered, show date; if no record, so state-------------------------------------------------; If delivered to firm, state accepting employee's name _________________________________________ ; If If If If not intact, what was missing?--------------------------------------------------------------------; C. 0. D., give money order No. ----------------------------• date--------------------• 19______ ) undelivered and on hand, state reason--------------------------------------------------------reeeived but not delivered and not on hand, state disposition---------------------------- 1~-;3385-13 151O POD FORM APR, 1959 (Postmaster at address office) - �SENDER: ( ) Investigation has disclosed that the article described on the other side, part II, was received by the addressee. ( ) Investigation of your inquiry concerning the { ~!;~ecl} mailed by you on ------------------------------------------, 19______ , addressed to ------------------------------------- --------------------------------------------------------------------------------did not locate the article. ·The matter has been referred to a postal inspector for consideration, and you will be advised, without making further inquiry, in the event the article is later located or responsibility for the loss is established. If the loss or rifling of registered, insured, or C. 0. D. mail is involved and indemnity is claimed, please present this notice with the mailing receipt and evidence of value (such as receipted bills, etc.) at the post office or nearest postal station. POSTMASTER. GPO 16-23385-13 (Please see reverse side) FORUSEOF POSTAL SERVICE ONLYIN CASESOF LOSTORRIFLED UN• REGISTERED LETTERS ANDALLLOSTORRIFLED REGISTERED ANDCERTIFIED MAIL The article described on the reverse of this form, if mailed at the time and place stated by the sender, was dispatched at .----------------------- on _____________ _ (Hour) (Date) to --------------------------------------------------------------------------------------------------------- in (Name and No. of R. P. 0. or 0. P. train, or H.P. O.; name of star route; air mail flight No., etc.) package of letters bearing facing slip reading --------------------------------------------------(Name of offioo, R. P. 0., etc.) and in pouch labeled to -------------------------------------------------------------------------------(Name of office, R. P. 0., etc.) or, IF REGIS TERED, in ------------------------------------------------------------------------------ (Jacket or rotary locked pouch, AND No.; iron locked pouch, hand piece, etc.) receipted for by -----------------------------------------------------------------------------------------(Name and title of person who receipted !or dispatch) (The following spaces must be filled in at city delivery offices only.) The letter was due to be collected by -------------------------------------------------------------(Name of employee) and deposited at --------------------------------- on -------•------------------------- at _____________ _ (Name of office or station) (Date) (Hour) U dispatched from a station to main office, show time ---------------------------------------- If for local delivery, show name of delivering employee------------------------------------81'0 16-23385-11 (Initials of clerk) SENDER: ( ) Investigation has disclosed that the article described on the other side, part II, was received by the addressee. { letter } ( ) Investigation of your inquiry concerning the parcel mailed by you on ---------------------------------------, 19______ , addressed to -----------------------------------------did not -locate the article. The matter has -be-en-refe-rreii"-t~--;;-postal inspec~:r for consideration, and you will be advised, without making further inquiry, in the event the article is later located or responsibility for the loss is established. ( See note below.) If the loss or rifling of an unnumbered insured parcel is involved and indemnity is claimed, please present this notice with the mailing rceeipt and evidence of value (such as receipted bills, etc.) at the post office or nearest postal station. POSTMASTER. NoTE.-lnsure parcels, indemnity up to $200. Register valuable and important mail, indemnity up to $10,000. Purchase postal money orders as a safe, cheap, and convenient method of mailing remittances. All reports by the public of loss, rifling, delay, or damage of mail are of the greatest value to the Post Office Department in locating and correcting faults in the postal service. 16-23385-13 �POD Form 1510-Duplicate INSTRUCTIONS 1. This form must be used only for reports of LOSS OR RIFLING. 2. Part II must be submitted to your Inspector in Charge in DUPLICATE if delivery cannot be established. 3. Dispatch particulars certified mail. must be shown for ALL LETTERS and all registeretl and 4. Be sure to make CLEAR COPIES-Use :possible. good carbon. Use typewriter whenever (SEE PART 314, POSTAL MANUAL) 16-23385-11 GPO POD Form 1510-Duplicate Date ---······--···-------··-----··········-·-··INQUIRY FOR THE LOSS OR RIFLING OF MAIL MATTER ( ( Registered No ............................. . ( ) Special Delivery Certified No.········-~~~ .......... . ( ,) Special Handling Insured No. -·························--·-· ( ) Air Mail ) Letter ) Parcel (Insert "Unnumbered" if 10¢ fee) ( ) Ordinary Envelope: ( ) Long. C. 0. D. No. ·············----Charges, $----··--------( ) Short. ( ) Business reply (Postage to be paid Complaint ............... Date mailed .............................................................. (Loss or rifling) (Mo.) (Date) (Yr.) (Hr.) by addressee.) (Day of week) Mailed at .................................................................................................. . . (City and State) Where deposited -······················································································ (Main office, station, branch, or location of collection box) Contents (describe fully) and value·····························-·······, ...................... -------------------------------Fold here) Sender: • , .. Addressee: • (N~e) • " • (St. or P. O. Box or Rural Route No.) •(City) (Zone) (State) •• " • (Name) ··-- (St. or P. O. Box or Rural Route No.) (City) (Zone) (State) • •••• 16--1!3385· 12 POD Form 1510 mailed to addressee or postmaster at office of address................................... Date ....................... . Referred to city or mailing section for trace.................. Date ....................... . Complainant advised of no loss or rifling_..................... Date ....................... . Form 1518 sent to complainant.................................... Date ....................... . GPO 16-28386-·ll (If delivered, show date; if no record, so state ................................................. If delivered to firm, state accepting employee's name .......................................... If not intact, what was missing? .................................................................... If C. O. D., give money order No ............................. , date .................... , 19...... If undelivered and on hand, state reason ........................................................ If reeeived but not delivered and not on hand, state disposition ........................... ---------------------------------------------------------------------------------------------------------------1;::.:_;;;85·13 151Q PODFORM APR, 1959 (Postmaster at address office) • •••• • ; ; ; ) . . �SENDER: ) Investigation has disclosed that the article described on the other side, part II, was received by the addressee. ( ) Investigation of your inquiry concerning the { i~~~~} mailed by you on ---------------------, 19______ , addressed to ------------------------------- ---------------------------------------·----------------·--------- FORUSEOF POSTAL SERVICE ONLYIN CASESOF LOSTORRIFLEDUN• REGISTERED LETTERS ANDALLLOSTORRIFLED REGISTERED ANDCERTIFIED MAIL The article described on the reverse of this form, if mailed at the time and place stated by the sender, was dispatched at ________________________ on _______________________ _ (Hour) (Date) to --------------------------------------------------------------------------------------------------------- in (N8Ille and No. of R. P. 0. or 0. P. train, or H.P. O.; name of star route; air mail flight No., etc.) package of letters bearing facing slip reading --------------------------------------------------(Name or office, R. P. O., etc.) and in pouch labeled to -------------------------------------------------------------------------------(Name of office, R. P. 0., etc.) or, IF REGIS TERED, in ------------------------------------------------------------------------------ (Jacket or rotary locked pouch, .AND No.; iron locked pouch, hand piece, etc.) receipted for by -----------------------------------------------------------------------------------------(Name and title of person who receipted for dispatch) (The following spaces must be filled in at city delivery offices only.) The letter was due to be collected by -------------------------------------------------------------(Name of employee) and deposited at --------------------------------- on --------------------------------- at _____________ _ (Name or office or station) (Date) (Hour) If dispatched from a station to main office, show time --------------------------------------- If for local delivery, show name of delivering employee -------------------------------------GPO 16--23385-11 ------------------------------------------------------------ (Initials or clerk) �TRACER-MISSING MAIL MATTER DATE r RETURNTO POSTOFFICE NAME Miss Margie Bowers SUBJECT ITEM ( i/) YES NO INITIAL Of SEARCHER HAS THIS PIECEBEEN RECEIVED? ANY TRACE IN GENERAL DELIVERY IN NEWSPAPERDELIVERY AT UNPAID DESK LOOSE IN THE MAILS RECORDADVERTISED IN HOTEL LETTERS IN PACKAGE RECORD IN SPECIALDELIVERY SENT TO DEAD LETTEROFFICE IN CARRIERS'CALL BOX NO RECORD MISDIRECTED INSUFFICIENTADDRESS UNADDRESSED HELD FOR POSTAGE OVERWEIGHT REFUSED RETURNEDTO SENDER UNMAILABLE REMARKS Kindly complete the attached form 1510 part two in duplicate on the mailing of this letter to the addresseeo Mail this form to your local post office for tracing. POD Form Feb. 1957 1511 GPO: 1957 O-F-418530 ��--~ �James w. Taylor, (- #77038 - ~~~ , (:~.---, THE PENITENTIARY \ D®[JXOOJ()X~OOX 500 Spring Street Richmond 19, Virginia circuit Clerk's Office court of Rockingham co. Harrisonburg, Virginia ~ - I Vj ,' ,; _ - • - = . •· - J -:- -'. US.POSTAGE\: . ~~== "~"...9 ., 12: :· �• �COUNTY COURT Criminal Docket N? 30261 Com'th V. I...w • Appearance Date /u .,.~ ~ - "17 Trial Date // - /:? - J1 A ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham to appear before the Judge bde1re-ttre-6rand-7m-y, against ..... J MES ...TAYLO.R ...................................................................................... . And this you shall not omit under penalty. CHARLES County, at the Court House thereof., at 9:30 November. ............, 19.59 , to testify and the truth to say in behalf of the who stands changed with and indicted for a felony Witness, Greeting: of the Circuit Court of Rockingham o'clock, a. m., on the ...l.9..tb. .. day.of. Commonwealth County, E. EARMAN, ffi~effletti'\~,.. - And have then and there this Writ. JR., Commonwealth's Attorney for Rocking,ham County and the City of �-iN .t?.:XECUTEDI/-/&-~ THE COUN'.fY01 ROC~INGHAM 5Y DELD.~3 ~GA TRUE ITH.J.J.'~~ l \ ROCKrnGIHHJI COUNTY (} ~ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You f;cby . . ·~ . ..... '. ·/--· commanded . County, Greeting: to summon .. ............... . . . . .. .... . ... at:,,.,= .. DR, JULLJ:,VL'.l'.i\.LllO'.I'... , , , ............................................................. ,..... ........................ . .. . .. . .. .. ..... .. . .... . ,,,~....W.O.ODROW .J.ORNSO.N., ...P.SJ..a.:~~Jd.Jrn ....S.tr.~~.t ................................................... . . V ..../ - .Y..... ..... ......V ................... HA.RRY ...HO.L.LY., ....l3.i.l.;I.i $ .. B..oY4. ..S.!19.P., ...Ed..9m ..R.P~d. .................................... . to appear before the Judge o'clock, a. m., on the Commonwealth of the Circuit l9.:t.h day Court of Rockingham of NO.Y~Ill1:>~r . ... be-i0Pe-t-flebf'~-J"l1ry, County, at the Court House thereof, at 9 :30 . .. , 19. E>,!:), to testify and the truth to say in behalf of the against ........JAMES...TAYLOR. .................................................................................... . who stands changed with and indicted for a felony mt!!'O€meant>!'.And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, And have then and there this W,rit. JR., Commonwealth's Attorney for Rocking,ham County and the City of Harrisonburg, Vinginia, at the Court House, the .2nd ...of .....Nov.ember .............. , 19.59 , and in the 1.8.4.thyea.r of the Commonwealth. �1 ot findi~~---······-···- ::ce ····-···········-·--·-··at his usu::i :~~:~==···b • :;t: d:z-==~ 1 g • .2.-~~-v_ .......... .!.._:A.~~~--···· .i•1 p~rso.1, 1 1.:;11c1 } '.' .. :ce r ·~ /_ ;J o .. ,W/~-::J:... • L ... r.i:y ab...,ve th.! a.~~ of • .,,..-,.,.-.,::..~ ,j.-. , /....,,,_.__ ......• ~. m-::n1b·. - , pur, rt th I} o her. ---------- -- .·- I , ,1.it v Sheriff. ..._ .... .....~.. /.A' ..Si..EUTE '/("'/~/ - V.;--~'.U ,,.,BE t•t Utfl. 'i - V. ROCKINGHAM BY.DELI C~P '1; I!~ ,. F THE ~~::::Z:~~--.:-- -----------------------·--- �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded ..... v/. County, ..,,..... Greeting: to summon . .y.CRI.EF ..RIT.CHI.E........................................................................................................................ . ........ V...... ,... ......... Y....OFFI.C.ER ...JOS.EPH...................................................................................................................... . ....L .................... Y......OFF.l.C.ER. ..C..•.... S......LEAKE .......................................................................................................... . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the ....19.th. day of .... Nov.em.b.er.... .... Commonwealth b@~@-#i-e-G1'1t1,-d-}t.M'y, against .J Witness, Harrisonburg, CHARLES E. EARMAN, thereof., at 9 :30 1ES ...T. .YLO~ ..................................................................................... . .... And have then and there this Writ. JR., Commonwealth's Vinginia, at the Court House, the. 2nd ...of of the Commonwealth. at the Court House , 19...5.9,to testify and the truth to say in behalf of the who stands chaFged with and indicted for a felony n.i~a.AO¥ And this you shall not omit under penalty. County, Attorney for Rocking,ham eU Nove;mber 1959 County and the City of and in the 184thyoo.r ~L~ Commonwealth's Attorney �.,-fIN THE COUNTY L, fWClrINGHAMBY DELI • NG A TRUE _.1,.i;;JU'i'Eu1/-/o'- co TO[.a~~~~~~::::.._ __ IN ~" ROCKl~JGHAM C U T A.L.STRAVJOEilN AN Si ~R~ff ROCKINGHAM COUNTY _ �In the Name of the Commonwealth You t of Virginia: To the Sheriff of Rockingham hmby commanded to summon .............. .............................. .........~THE.OD.ORE ..T ... County, ... .. .... . , ............ PLE, ...Bridg.e1iate.r. to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth 19.th. day of ... Novemb.er ~+l"M!-Gr-&H-d-~, And this you shall not omit under penalty. Harrisonburg, CHARLES E. EARMAN, , ... ,..... ......... . . ... .. . ...... . .......................................................................... . County, at the Court House thereof., at 9 :30 .... , 19. 59, to testify and the truth to say in behalf of the against ..... J. MES ...TA.YLOR. ..................................................................................... . who stands changed with and indicted for a felony Witness, Greeting: t'!ii-s~ftM. And have then and there this Writ. JR., Commonwealth's Attorney for Rockingiham County and the City of eU [ f Vinginia, at the Court House, the 2nd .. of .. N.ovembe.r. ............., 19 ..5.9, and in the 184th of the Commonwealth. .... Commonwealth's ~r~-7-r Attorney year �• OCK\NGHAM coUNi'1 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................................................ . ..... C ....................... ~ ..BEN...MYER.S., ....Harri.s ..onb.urg....................................................................................... .. v- ........................... V.....NDREW . ...CURRY .................................................................................................................. . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the ....l.9th. day of ....N.ov.embe.r ............., Commonwealth 19..59, County, at the Court House thereof., at 9:30 to testify and the truth to say in behalf of the D€ffl1"~t-h-e-Gt--tt-t+d-}-u,l'y-, against ..........JA :IES ...TAYLO ................................................................................... . who stands cha1:ged with and indicted for a felony tlt~~l'K)f'. And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, And have then and there this W-rit. JR., Commonwealth's Attorney for Rocking,ham County and the City of Harrisonburg, Vinginia, at the Court House, the ... ~11,<l,.of lfovem.b.er.......... of the Commonwealth. , 19.5.9;)71 in thel.84 th . .~.... £?~~ ... Commonwealth's Attorney �_,:.t;CU'.i'b~ .,Y:.77iN THE ROCKI.NGHAM BY DELI C8PY OF THE THI .,, '.[~~ IN ;, £, Executed 11/19/59, in the County of Rockingham by delivering a true copy of the within summons to ndrew Curry in person. U1TY #$~ Deputy Sheri or A. L. Strawderman, Sheriff R?;c~ •J.].gham_ County, Virginie , ···;··· --,~nrr-- - -- I ---.unr, /Lr/,'-'!;:.-;; B I~ 'f-;-,'ft~~~;,E.-J~~::::::::_S. /_cc-~- 1/ ___ 9EPUTYSHERI • d R.C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ....................... . .....q-rx.... f.......rr.cu.r.E ......................................................................................... •·... .....0.ff.J.GER...J.O.S.EPH. .............................. :................................................................................ . .........................................................0.f..f.J.CER ..C.•...S.•.... LEAKE............................................................................................ . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the ....19th. Commonwealth day of ...... Octobe.r a-!'!@-ii.dtet~ CHARLES E. EARMAN, .................................................................... . 4or a felon,i-mi.d.e.me~uu11·. And this you shall not omit under penalty. Harrisonburg, . ...... , 19..59, to testify and the truth to say in behalf of the before the Grand Jury, against .. JAMES . .W ....TAYLOR,. ...J who stands char,ged with Witness, County, at the Court House thereof., at 9 :30 And have then and there this Writ. JR., Commonwealth's Vinginia, at the Court House, the.6.t.h ... of Attorney for Rockingham ..October··········/ of the Commonwealth. .., / ..e~ / z County and the City of 5.9, a ...... '. ............ the 184th year �;;:::z;r.···O~- .. ·-......................... .1. rrnsoN. ~c/.--:. ..... ~~········ Y...~z~~···················---DEPUTY ........... S. R.C. S -IE FF ��,. ti· I /· .,. I �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................................................ . ~.~.f!.~ ........ .WO.ODR.OW ...J.OHNSON., ....5.3.1..Hawkins ....S.t..................................................................... . ........................ .......HARRY...HOLLY...{wo.r.ks ..B.il.1. 1.s ...Bo.dy ...Sh.op..,....Edom ..Roa.d) ....................... . .......... , ........................... , ............................................................ to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the :l..~Jh.. ... day of .... Oc:Jober , ................................................................. County, at the Court House thereof., at 9 :30 ....... ........ , 19 f>9., to testify and the truth to say in behalf of the 9' ,' ~~ Commonwealth before the Grand Jury, against .. :,,r· . • .. ..JAMES....W.....TAYLO,;,,··'-·•lN~ ............................................................... . ·························································································••,•·;···•·•································,··················································································· who stands changed with a.nd-419<iHGt.t!d....for a felony mw;Q~aQC. And this you shall not omit under penalty. Witness, CHARLES E. "'EARMAN, JR., Commonwealth's Attorney for Rocking,ham Co,unty and the City of Hanisonbucg, Vi,ginia, at the Couct House, the 6th. ..,.of •. .Oc.tober ......... . .. , of the Commonwealth. z And have then and there this Writ. t~ antl in the 18 ~:~ year �~ Not findl ~~A~:::;:_._at .... place of abode, E_?ute~-::' his. W, ________ Z __ :-___ ~-:;=--·--·--·-by L...... :.:!l..~ ...................... /~d.££L~ cory of~~ delivering a -'~~ in person, ./~A~~~~~-, usual pb.ce of ab his family abov2 th:.: age of 1: y......u:)?'~"'{ to her. laitling cing a member of he purport hereof 7£~~-&&C Deputy Sherif~-~~-~------.....,,..··-·· COUNTY vi GA TRUE ...... �VIRGINIA: ~ de .9f~ume <t1oad Monday ,;,,,the ct'~ of f!Jtdnwnd on James W. Taylor, o/dj,/tea/4 held d d~ !/'¥1<eme <t'«urlo/dffea/4 f!J«el,d,;,,? 10th day, o/ de October, Jr., 1960. Plaintiff in error, Defendant in error. against W. K. Cunningham, of the Jr., Superintendent State Penitentiary, Virginia From the It appearing James W. Taylor, to a judgment on August corpus Jr., 11, 1960, On mature for a writ General wherein of Rockingham court herein by the that his on August a petition Circuit for Court petition County 24, 1960, a writ of Rockingham for a writ of error County of habeas was dismissed. consideration of Virginia of error Court to the filed rendered ad subjiciendum Attorney Circuit file on or before whereof it is ordered a response to the November 21, 1960. A copy, Teste: Clerk said that the petition �1 '- ""r r V ...,L, \,. .. - 1 V Lv l -- L �PO~T OFFICE DEPARTMENT OFFICIALBUSINESS RETURN TO REGISTEREDNO. NAMEOFSENDER Circuit Court Rockingbaa POSTOFFICE Harr1aonbur STATE PODForm 3811 July 1955 Virginia "If U. 8. 80VUNIIDT P81NTIN9 OfflCI I I... ll0304-m, �DELIVERING EMPLOYEE 0 0 Deliver ONLY to addreaKe. (Doea not apply to C.rtiliad Show addrea■ where Received from the Postm Article, the number f hi mail.) delivered. ter the Registered, Certified, or Insured app on the face of this return receipt. 1. 2. -- ----------!....:-.;.•----------------- �Sep ..e:1ber d fr. up . furn-:;r,. rt Buil 1960 C1 .rk oui:t of A.. pet.ls ;~_up 13, of Vi .-.init. inp C Le: .::.:1es W. v .. eylo ~, J-r. V .. K. unnln n·i, Jr., St· t.~ Pen:!. ..,er..t-' ry Dot 1 I ,, :1 tyled Vi ·nia Sir: ~ .din proce3 Pl t se r ecoi 2.n' return Envel Sup't e. you l re;;~ t' td.rigin.:-1 -~ core n pu su~nt to 1 le 5 7. t o· s • ...e e.t t is to me in he en lor- bet, c:.nof t ie E. ... d ~~elf-r-1 1c"ireEse Ycur,.) e cy t. • ... 'HJ E:1cs. Received: ---~----;_/ __ .., .. , 1960. ---~=-~~~~!:::!:~-====--, Clerk. ove sed copy str y, t ped �J: . • !1 t :bevl:999fl �RECEIPT FORCERTIFIED MAIL-20¢ POSTMARK OR DATE en co co C) co STRECT AND NO. Supreme Court Building CIT'r' ANO STATE Richmond, Virginia r you ~lltttf. return □ lOt hcw:i h . .v11~,m :1nt1 );,hen .. rr.:C~.:pt, choc).. wh.i.:1; □ 45,t.$hOW.! to whorn wheri, at1d addu:~s "fuu~ dcJi.-ereU ll_Yi.)U .,trictt!d ' ddiv,u,:d FE.ES ADDITIONAL f'OD Form 381)0 Jul 1951 war1t u,-- de-Jc.-.. ery, check □ 50t fee TO Wt FEE SEE OTHERSIDE h~re �I. Stick posta"~ stamps to your article to pay: 20¢ certified mail fee Restricted delivery fee-50¢ (optiona[) First-class or airmail postage Special-delivery fee (optiona[) Either return receipt fee-10¢ or 35¢ (optiona[) 2. 1f you want this receipt postmarked, stick the gummed stub on the address side of the article, leaving the receipt attached,and present the article to a postal employee. 3. lf you do not want thi~ receipt postmarked, stick the gummed stub ,m the address side of the article, detach -and retain the receipt, ·and mail ·the article. 4. If you want a return receipt, write the certified-mailnumber and your name and address on a return receipt· card, POD Form 381J, ll,Jldattach it to the back of the article. Endorse front of article RETURN RECEIPT REQUESrED. •• • 5. If you want the article delivered only to the addressee, endorse it on the front DELIVER TO ADDRESSEE ONLY. Place the same endorsernent io fine 2 of the: return receipt card. 6. Save this receipt and present it-if you mak~ inquiry. * (j,-S. GOVERNMENT PRINTlNG OFFIC£ l 11157 16------71547-4 �&epte. -,.ber lJ, Mr. H -ward G. Tux·ner, 1960 Clark Sup re ,e Cot:r t of J:.,,,pec:ls <.,f Vi1'ginia Supre e ,~cu~·t Bui din_g fi ·- •"on· ··1.· Pa: l ;rr;i ;· Ja'1cs 1--1.Teylor, J~. v. W. K. Cunninghf.•1, Jr. , Sup' t Vi!' ginia S :: te Peni ';ent • c:~y ycu herewith pursurnt se.-tdinf the ·igin~cl y•ecord in to Hule 5 :rl .. str ed proce:.:ding Plec: se receipt r nc' return for 4:;o me in sa .e 't the t ..e er.:c-osed the bottanof er1.elo~ ed self-llc tr4e f,Jove 1dre.ssed copy st· mped Enn,lope; Yr-urs very truly, George b Encs. r. Ke, .pe .,, 81er:{ �• T I t ... �VIRGINIA: ~ de in Yi~Mme the <if'o/ of?lk:J/1,wndon CCoad Monday The petition to a judgment the 11th rendered wherein Cunningham, Jr., was defendant, the record being said is to affirm the 16th by the 1960, said Circuit having of the petitioner the said and refuse the judgment said January, for of Rockingham proceeding of the Virginia considered writ of the said circuit A copy, - therein and W. K. State Penitentiary, and a transcript is plainly of error, of error County on then seen and inspected, judgment the right, effect court. Teste: f!Atti/di,n? 1961. a writ was plaintiff aforesaid o/~rua/4 ~ttd Jr., Court b_een maturely judgment that y ~ze day of de in a certain Superintendent of opinion petition, the held al of James W. Taylor, day of August, depending, o/~~ea/6 of the court doth reject of which �... f r .., -, �I' VIRGINIA: m de ~ tk !/~ Ct7'o/ of~ James W. Taylor, <'ef{)(~of~~ Wednesday on <'efOl#tlof ~/4 kid at de ~- day,o/ April, 26th de Jr. , [}_J«~ 1961. Plaintiff in error, Defendant in error. against W. K. Cunningham, Jr., Superintendent, The following dated April order etc., of the Supreme Court 17, 1961, was received of the United and is recorded States, 1 as follows: SUPREMECOURTOF THE UNITED STATES No. 827 Misc., October James W. Taylor, Term, 1960 Jr., Petitioner, vs. W. K. Cunningham, Jr., Superintendent of Virginia State Penitentiary On petition for writ of Certiorari to the Supreme Court of Appeals of the Commonwealth of Virginia. On consideration to the Supreme Court ordered by this of the petition of Appeals Court that the of the said for a writ of certiorari Commonwealth of Virginia, petition be, A true 17, 1961 copy Test: JAMES R. BROWNING Clerk of the Supreme Court of the United States BY /s/ E. P. Cullinan Deputy A copy, It is and the same is hereby, denied. April herein Teste: Clerk �' t • . �tl Do~ z C7 t✓- t;-_ t No. 3t ef . 1959 iOCT COMMONWEALTH of VffiGINIA 1,-~.~- ~ ) VS. Indictment ~ ) Felony ) {murder) JAMESTAYLOR, JR. D~o~n~a~l~d--'D~. ~L=i~t=t=en=--------P· I / :ii; ·-· Own " ~ 0 Cl z " r 0 !!.. 0 10 'ti 10 c..a "(') -.J 00 1959 October ( ) ~ Appointed 19. Return d. ( ~ of Grand Jury. 10/225 Accused arraigned and plea n.g. Motion for bill of particulars granted. Motion of accused for employing court reporter denied and excep. thereto; case set for 9 ~ F trial_ ~-' ~ t Nov. 19. 10/c:Zeot' ~ it·l-:::r.~_rv: ~-. - -y(). ~ ~~ ~ J_ ~ • S dt:J ~ ~ (JL,.,I,-' I y Vo -4 C,,.O:::r-&.-:ittl-"t/ _ • tr 1/ / ~t1 / ',£- ,;z~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 James Taylor Jr Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder (note: FBI) 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_019_013 Taylor https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_006_commonwealth-v-jane-folely-armstrong.pdf d0b2d591adeb8f63e4335eecbc03cb04 PDF Text Text PRE-SENTENCE INVESTIGATION Staunton, Virginia December 17, 1956 OFFENSE: NAME: Jane Foley Armstrong CITIZENSHIP: American .ADDRESS:320 East View Street Harrisonburg, Virginia MARITAL STATUS: Married AGE: 20 (Born 7-29-36) NO. OF DEPENDENTS:One SEX: Female OFFENSE: Attempted Robbery RACE: White DEFENSECOUNSEL:Charles A. Hammer &ployed On June 18, 1956, Jane Foley .Armstrong was brought before the Rockingham County Circuit Court with Judge Hamilton Haas presiding. This woman was represented by her own employed attorney, Mr. Charles A. Hammero On this date the subject waived indictment and on motion of defense counsel the Court appointed physicians to examine the subject as to her mental condition. On July 51 1956, Jane Foley .Armstrong was examined by Dro J.B. Pettis, and Dr. Alvis W. Jeffries, Jr., of the Western State Hospital and Dr. Richard Smith of Harrisonburg, Virginia. The doctors 1 diagnosis reveals that subject was suffering from a malignant psychosis and recommended that be committed to the Western State Hospital for treatment. the she On July 10, 1956, the accused was committed to the Western State Hospital for observation, care and treatment and the superintendent ordered to report thereon. On October 31, 1956, the Court was notified by Dr. J. F. Fulton, Acting Superintendent of the Western state Hospital, that the subject had recovered from her mental disorder. On December 5, 1956, Jane Foley .Armstrong was returned to the Rockingham County Jail and on December 10, 1956, the subject's counsel changed the plea from not guilty to guilty which was accepted by the Court and on motion of defense counsel the case was referred to the Probation Officer for a report. The case was set for December 18, 1956. • The subject entered a plea of guilty to a warrant charging attempted robbery. The warrant reads that the subject did on or about June 12, 1956, feloniously attempt to commit robbery from the persons of W. H. Pye and lawrence Oliver by presenting a toy pistol threatening their lives in violation of Section 18183 of the Code of Virginia. It is reported that on the evening of June 12 the subject left her home on East View Street with her baby, driving her husband's 1950 Ford automobile. She later met her brother-in-law, PeeWee Beach, at a local restaurant in Harrisonburg. This couple proceeded to the Blue Parrott Inn which is located approximately 4 miles north of Harrisonburg on u. S. Route #11. The subject and her brother-in-law consumed a number of bottles of beer and about 10:30 p.m. Mrs. Armstrong brought her brother-in-law back to Harrisonburg and returned to this restaurant where she continued to drink. ��Re: Jane Foley Armstrong Page 2 . . . . It is reported she left this establishment sometime after midnight and drove south toward Harrisonburg and parked her car beside the U T. C. Dance Hall approximately 1½ miles north of Harrisonburgo She then admits stopping a car proceeding north occupied by two men. This woman entered the rear seat of this car and as the car pulled off, she told them that it was a stick-up. 11:r-.Oliver, the operator of this vehicle, applied his brakes suddenly, throwing the subject against the front seat at which time she was struck by one of the men, knocking the gun to the flooro This woman was then taken to Pye 1 s Restaurant and while one of the men was calling the police, this woman slipped out of the automobile and fled. She was later apprehended in the back seat of her car with her baby in a driveway diagonally across the highway from the Pye Restaurant. 0 This woman told a number of stories regarding this offense which were very fantastic and later attempted to commit su_icide in the Rockingham County Jail which resulted in the mental examination and committal to the Western State Hospital. PRIORRECORD: The subject has no prior record in this area, but it was found that she was committed to the Industrial School for Girls at Lancaster, Massachusetts, on March 18, 1953. She was charged with being a delinquent child in that she committed the offense of being a run-away. This girl was confined to this school for approximately 16 months, being released in the spring of 1954. FAMILYHISTORY:Ja.neFoley Armstrong is the youngest of three children born to James H. and Grace I.a.Porte Foley. She was born at Medford, Massachusetts, on July 29, 1936. The father, who is now 51 years of age, is a native of Massachusetts, has a high school education and has been employed for the past fifteen years by the General Electric Corporation in Massachusetts. It is reported that the father is very stable, is a good provider and is very loyal to his family. He also bears a good reputation in his community. The mother, who is now 53 years of age, is also a native of Massachusetts and her chief experience has been that of a homemaker. The parents are Catholic and the mother apparently is active in church work and bears a favorable reputation. It is reported that the mother is neurotic and highly emotional. The Massachusetts Authorities report that the parents were overly-protective of this girl, in that she was the youngest child. The subject was pampered and spoiled by her parents who exercised very little discipline over her. It was found that the subject has one brother and one sister - James H., Jr., age JO, who lives with his pa.rents and Mrs. Arline M.mro, age 26, who lives at 19 Dell Street, Somerville, Massachusetts. In the fall of 1954 the subject entered the Littleton High School. At that time she was going with a soldier and became pregnant during that fall and dropped out of school. A son was born to the subject in June of 1955 out of wedlock. The subject started dating Leonard Edward Armstrong who was then in the Army and stationed at a Camp near the subject's home in Massachusetts. This boy was released from the Army in December. This young man secured employment in Arlington, Virginia, and the subject and her baby joined Armstrong the first of January 1956. They reported that they had been married in Fairfax County. They then ca.me to Harrisonburg in April 1956 and were living in a small house located on Ea.st View Street at the time of the offense. Since the subject's confinement and apparent recovery from her mental illness, she and her common-law husband indicated a sincere desire to get married and as a result her pa.rents came to Virginia and this couple was legally married in Harrisonburg on December 15, 1956. ��Re: Jane Foley Armstrong Page J ........ . 'l'he subject I s parents now live in a five-room apartment which is located in GHBORHOOD: the better-class residential section of Everett, Massachusetts~ At the time of this offense the subject and her common-law husband were living in a small house located on East View Street in Harrisonburg, Virginia, which is a lower-class white and colored residential section. HOMEANDNEI- EDUCATION: The subject entered school when she was six years of age and last attended the Littleton High School at Littleton, Massachusetts, where she quit in the 12th grade due to pregnancy. The reports from Massachusetts indicate that the subject has an I. Q. of 116, placing her in the bright, normal group 0 It was also found that she was not a behavior problem in school. RELIGION: Jane Foley .Armstrong is a member of the St. Anne's Catholic Massachusetts. INTERESTSAND ACTIVITIES: It is reported that this woman has a talent for art and that she can do freehand drawing. She also-likes to participate in group singing and was a member of several choirs and is very fond of horse back riding. HEALTH: The mother reports that this girl's birth was normal and apparently she was a normal child with the exception of enuresis until she was 14 years of age. It appears that the mother was very critical of the subject's associates and refused to realize that this girl was developing into adolescence. As a result this girl rebelled and ran away from home on several occasions. On these occasions this girl became involved in immoral conduct which later resulted in her connnittal to the Industrial School for Girls at Iancaster, Massachusetts •. During her confinement and afterwards this girl would take spells of depression and imagine that she could see grotesque faces, little men, dragons, etc. It appears that she would commit delinquent acts - in fact would act them out. After committing the acts, this girl would go into periods of depression and then would try to punish herself for her deeds. Church, Littleton, After this woman's committal to the Western State Hospital she was under the care and supervision of a psychiatrist and other doctors. The staff changed the diagnosis, stating that they-did not feel that this woman had malignant psychosis. They feel that she has made a marked improvement and possibly has matured and that if she is now willing to accept the realities of life and be honest with herself, as well as her associates, it is possible that she can reach a satisfactory adjustment. EMPLOYMENT: The subject has had very little work experience. She was employed for a short period of time as a file clerk and for other short periods as a waitress. The subject's husband is now employed by the Bare Tile Company, Harrisonburg, Virginia, and is now making $1.25 per hour, This woman has no Military history and no resources. RECOMMENDATION AND PLAN: It is found that the subject's husband has accepted and appears to be very fond of her child. He has cared for this child during her confinement and has been very loyal to Jane. ��Re: Page Jane Foley .Armstrong 4 . . . . . . . . . Inasnruch as Jane Foley Armstrong has been confined for more than six months during which time she has received psychiatric treatment and also the fact that her husband is ready and willing to give her a satisfactory home, I am of the opinion that a trial on probation would not be against public interest. Respectfully yours, .#~ ✓✓?""k/~ William H. Ralston Probation and Parole WHR:ABM Officer �' �VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY, November 1, 1956. Commonwealth On a warrant v. charging a felony (attempted robbery) Jane Foley Armstrong It State appearing Hospital that the Superintendent at Staunton, Jane Foley Armstrong Virginia, has advised is now recovered into the custody of his deputies before this court in order to stand it of the sheriff that trial this from the mental she had when sent to said institution, delivered of the Western of this that disorder is ORDEREDthat she may be returned on this court county she be or one and brought charge. STATE OF VIRGINIA, COUNTYOF ROCKINGHP.M, To-wit: I, J. Robert Switzer, Clerk of the Circuit Court of Rockingham County, Virginia, the same being a Court of Record, do hereby certify that the foregoing is a true and correct copy of an order of the said Court entered on the 1st day of November, 1956, in the case of Com..monwealthv. Jane Foley Armstrong. as the s&id order appears of record in my office as Clerk aforesaid. Given under my hand and the seal of the said Court, at Harrisonburg, Rockingham County, Virginia, this 1st day of November, 1956. ).,~,::,/~, Clerk, Executed this 5th day of December 1956 by transporting the said Jane Foley Armstrong from the t estern state Hospital to Harrisonburg and placing her in the Rockingham County Jail. A. L. Strawder, b e1/a~ warren an, S.R.C. A. Spitzer, D.S.R.C. ��WESTERN STATE STAUNTO N, JAMES HOSPITAL VA. B. PETTIS SUPIERINTEND~NT MENTAL DEPARTMENT HYGIENE OF A 5 Deceni:>er~iOSPITALS tem St ro C he C ty, Virgin! , r, 1956. a. l M , 0, �.0 •M eJTT3"! JATJqaoH B 11'3MAL .AV TH:IC1~3THIR3qua c!.JATl9c?OH CIIIA 3"131c>YH .JATl-13M 3TAT HR3Tc!:IW .HOTMlJATe �WESTERN STATE STAUNTON, HOSPITAL JAMES VA. B. PETTIS, SUPERINTENDENT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS 5 July 1956 The Honorable Hamilton Haas, Judge Twenty-Fifth Judicial Circuit of Virginia Rockingham County Court House Harrisonburg, Virginia Re: Jane Foley Armstrong Dear Judge Haas: As ordered by the Circuit Court of Rockingham County, Virginia, I examined the above-named person in the Rockingham County Jail in Harrisonburg, on Monday, 2 July 1956. To assist me in this examination, I had Dr. Alvis W. Jeffreys, Jr., Director of the Psychology Department of Western State Hospital, to administer to Mrs. Armstrong a battery of psychometrics and a Rorschach examination. I have conferred with Dr. Richard Smith of Harrisonburg, who had previously examined the prisoner. As a result of ntv examination, together with that of Dr. Smith and Dr. Jeffreys, it is ntv opinion that Jane Foley Armstrong is suffering with a malignant form of psychosis, and should be conmrl.tted to a mental institution for care and treatment. If I may be permitted to suggest the particular institution, I would urge that it be the Western State Hospital, where Mrs. Armstrong could receive a dynamic program of therapy. This is essential, as she is a young womanand may profit by such. Dr. Smith concurs in this opinion. Very truly yours, ~-B~ ames B. Pettis, Superintendent JBP:ael cc: Clerk of the Circuit Court of Rockingham County M. D. M. D. ��WESTERN STATE STAUNTON, JAMES HOSPITAL VA, B. PETTIS, SUPERINTENDENT F-43235 DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS 31 October 1956 The Honorable Hamilton Haas, Judge Twenty-Fifth Judicial Circuit of Virginia Rockingham County Court House Harrisonburg, Virginia Re: Mrs. Jane Foley Armstrong Dear Judge Haas: You will recall that the above-named womanwas committed to the Western State Hospital by order of the Circuit Court of Rockingham County, Virginia, on 11 July 1956. Since that date, Mrs. .Armstrong has been in residence at this hospital. When admitted, she was somewhat apprehensive, confused, and disturbed, but she has responded well to treatment, and it is the opinion of the Staff of this hospital that she is now recovered from the mental disorder she had when sent here. We are now ready to discharge Mrs. Armstrong, and would appreciate your advising us of the disposition you wish made in the case. If you desire that she be released to the custody of officials, in order that she may be returned to the court, an official designated by you may come to the hospital for Mrs. Armstrong any day except a Saturday or Sunday. We shall be grateful for your advice in this matter. Very truly yours, 6.r}-~),-,4/ J. F. Fulton, M. D. Acting Superintendent ael M, o. ��VIRGINIA: In the Circuit Court of Rockingham County, July 10, 1956. Commonwealth On a warrant v. charging a felony (attempted robbery) JBne Foley Armstrong It appearing that on the 18th day of June, B. Pettis, Superintendent Virginia, and Dr. Richard appointed to examine the accused, mental condition; therewith that the said for observation, fore ORDEREDthat State to this of Harrisonburg, treatment, at Staunton, Virginia, Jane Foley Armstrong, appearing accused Hospital fron a report filed should be committed and a report Hospital at Staunton, in accordance to an institu- thereon, thereof superintendent Virginia, for the purposes is directed were as to her it is there- the said Jane Foley Armstrong be committed by the Superintendent said hospital H. Smith, and it tion the Western of the Western State 19~6, Dr. James to to be ihere held aforesaid; to report his and the findings court. STATE OF VIRGINIA, COUNTYOF ROCKINGHAM, To-wit: I, J. Robert Switzer, Clerk of the Circuit Court of Rockingham County, Virginia, the sane being a Court of Record, do hereby dertify that the foregoing is a true and correct copy of an order of the said Court entered on the 10th day of July, 1956, in the case of Commonwealth v. Jane Foley Armstrong, as the said order appears of record in Commonwealth Order Book No. 9, at page 316,in my office as Clerk aforesaid. Given under my hand and the seal Harrisonburg, Rockingham County, of July, 1956. of the said Court, at Virginia, this 11th day ~--------• Clerk. A. L. Strawderman .R.C. :1/ ��After 5 days return to DRAWER 1080, ,. .f/ie :;;._ ~ -=-=-: fat ~ MENTAL ~ ➔ STAUNTON, VIRGIN~ H~ .. T Clerk of the Circuit Court of Rockingham County Harrisonburg, Virginia ��WESTERN STATE STAUNTON, HOSPITAL JAMES B. PETTIS, SUPERINTENDENT VA. DEPARTMENT MENTAL Y IENE OF A u.1.y 19 HOSPITALS Honorable .~ ....... ton Haas, Ju e Tw ty-Fi£th Judicial Circu.1.t of Virginia The RockinghamCo ty Court House Harri.so , Vir inia Res Jane Foley A I exar.d.n burg, A~,~flOY1i:1 rdored by • he c· ab na.rood r ockingham County., Virginia, County J il in H!lrri o .. in thi examination, I had Dr. l o De artment of We tern ttery of psych ttic fo"'IPl.'>..l·u.J,!,',,.h w. Hos Ror I hava o examined S ., • ed mitted t.o We tern S gram or by such. 1,=H.l....._._ 1Q4C:n,'9l:-a t.:..1.·.1.t..-....., •illl,l,,l~Cl<;1&~ ~~l,U.-,.f,<V~ of Harrisonburg, who h my a.............. _. ion, t ether t Jane Foley hould be perth an,.,...,.,,..,,¥. Mrs. Ar :tial, a this op· . ettis, Superintend JBPta 1 Cl rk of th of Rooking r . D. t M. 0. �0 .M ,21TT3"1 .8 23MAL .JATICofc!OH T/,"130i.-\11TKl:R3q;ua .AV JATl-13M 3TATC HSl3Ta3W 1 110,·t"fuATa �COMMONWEALTH VS. L 5,J!,,.,, ~'.I I ,,, (I DESCRIPTION OF PRJ ONER Last known address Color Marks Age W 1" a £a,,./ /J/~ Heights- I;;(' Eyes f A_ _._~. :. :=½:.L.:c'lo~4-=:i41. . : ~:z.:c, ,✓ "'-":w...~'-'-&4----',,,,,'-:1A~--=---­ 1 t=---.c..c....r_ __ J/. 1 Hair ~ ct Weight /36 (j?... 'J.-0 Date of Trial Result j i I ~A I Occupation~ / ✓w:t,-,,:;________________ '7:- / Y,. / 7.5't ~~------------ _ ��;Q~~~-Z?::..~;?::....a,:t:::i~!::c;'t:t}.~~::_._,,,,_, the ockingham nty, on the said charge of Gi ven under Witness: my hand Judge volunt accused in the attached of the Circuit Court r·ly waive indictment ;a~llo~eaJ.~~~lli2!l~~~~---------- this / ��I hereby promise to appear (Defendant's at the time and place specified Summon above required under Title 46---Section 193, Code of Virginia. Failure to comply with this summons constitutes ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT Signature tv ...'.> JURISDICTION, 7 COUNTY, CITY OR TOWN I NAME a separate ollense. OF COURT DATE IF DEFENDANT ING- CONVICTED OF SPEED.. ------------ SIGNATURE OF JUDGE TRAVELED SPEED ZONE MPH MPH IF CONVICTED OF CARELESS ANO RECKLESS DRIVING OR SPEEDING- ed by the Judge or the Clerk of the Court having Jurisdiction required by Section 46,-414 of the Coda of Virginia of 1950. SPEED OR CLERK ---'-----------------'--------'---·-----' LICENSE SUSPENDED □ I TITLE YES PERIOD □ NO I DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Following too closely Did not yield right of way Failed to signal tum or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �DEPARTMENT OF STATE POLICE8~7/7go~ /, , "· Date ,/ i" 7L ou are hereby •~---..2._6. ____ Trial Juatlce _ _:::'-'------"---=-----------•"f~~~~-~----r--~-~ , / ,,., / I , ' ; i vm L , summonsed to appear befl>re: , ~---·~' O Speed limit ; o'cloc:~. No Operators Chauffeurs License O "-----'---~---------"--------------------□ Improper I hereby promise to appear at the time and place specified (Defendant's c 7.s, 1rg n a, o w : . / / Summons required above Failure Signature) ABSTRACT OF CONVICTION 193, Code of Virginia. under Title 46--Section to comply with this summons constitutes OF WITHIN NAMED DEFENDANT .JURISDICTION, COUNTY, CITY I OR TOWN NAME a separate offense. OF COURT DATE APPEAL IF DEFENDANT ING- CONVICTED IF CONVICTED OF CARELESS RECKLESS ed by the Judge or the Clerk of th■ Court having Jurisdiction required by Section 46;414 of the Code of Virginia of 1950. SIGNATURE OF SPEED-- SPEED TRAVELED I SPEED DRIVING OR SPEEDING- OF .JUDGE OR CLERK LICENSE I SUSPENDED □ TITLE YES ONo ZONE MPH MPH AND TAKEN DYES PERIOD □ I NO DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for condition~ Following too closely Did not yield right of way Failed to signal turn or stop Improper passing Disregarded. stop sign Operating wrong side of road-not overtaking �___ ~p. ..,_ ... .,_..,_·-··- .............. Form_!8-A ST A TE OF VIRGINIA ~ OF Harris City TO ANY SHERIFF l on burg No _____ To-Wit: OR POLICE OFFICER: E. F. Turner Whereas, John G. Leake has this day made complaint and information on oath before me, -----------------(Name) City ____ J_u_s_t_i_c_e_o_f_T_h_e_P_e_a_c_e ____ of the said C!.mt'IU, tha._______________ (Tide) ----~--------J_a_n_e_A_r_r._J.s_t_r_c_n_g or about did on pie J 2tbclay of___ J_un __ e ______ avtempt of cor~it robbery b~' presenting Oliver of to 18-163 section tl1e _ a of Cor:unonwealth fro:::: toy _______________ , 19----2Q: Unlawfully the pistol, the Code of Virginia of persons threatening Virginia, of ~!.I:. and Pye their against _ Rockingham in t~f County feloniously and lives, the peace Lai.-;rence in violation and dignity • These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham Trial Justice Court of th~iQ County, the body (bo~) 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: Lawrence r:i.H. Oliver color Pye color 332 South High Whi teAddress ---------=-----□ White Singers Glen, Va. Address --------------□ color Address --------------□ color Address --------------□ color Address --------------□ as witnesses. Given under my hand and seal, this (Seal) ., .. _.7 .. �- ..........- ..,_ .,...,.__ ... ......____ ..,,._......... __- ·- ....-...... .........._..,..,._ ........---- ..--~~~-.__,... ,..,.., __ STATE OF VIRGINIA-COUNTY _. •'"- OF ---------------------, I, to-wit: Trial Justice Justice of the Peace a m and for the County aforesaid, State of Virginia, do certify that and ---------------------------, __, have this day each acknowledged themselves indebted as his suret _____ Dollars to the Commonwealth 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 Circuit Trial Justice shall appear before the be rendered, yet upon this condition: That the said to Court 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 i~ 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 further condition that the said -------------------shall keep the peace and be of good behavior for a period o from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. day of _________________ _, 19_, Given under my hand, this ________ ys T. J., J. P. tI1 H n, f -..Qi 2;. ~ ~ a s..tn· s- 'Tl s· " s g, ~ , 'Tl ... "' r ..... t' ~ z 0 S;:: S;:: 0 0 g, tI1 () ~ f} ss· I ;,;; z if ~- ~ (i ~ s· ,. 5· ::, >,..· 0 0 > ~ " 3 t.. ~ --~ 0.. () 9 z I'\) tI1 I'\) ~ > r' ~ ::i:: .... ~ \0 ~ ~~ ,. 0.. -< 0 () 0 'Tl ~ g, s· " ~ g_ (i 0 "' a B B 0 ::, :I!! e. s~ 8 ,.., ::, ..., " en s:: B 3 1s ::, ~ (IQ ~ 0 s· ~ s ~ 1l ;. ::, ,.::, 0.. r, " ..... ~ 'Tl n, ,."::, (i " ,.., ;,;-- ~ if OQ > ,.., ,.., g ti:! ~ ~ E ~ C: ::, e: ,.,.., 0.. a n, ,.0.. 5 ..., g, ,. ... 0.. 8 ,. :g g, 0- :;! ,.., ~ ~ 0.. 5 ... " 0.... ~s· ~s· .., _p;· __t;· ,."::, ~ -" "g .... s" ~ ::,- ... ;.·() ~ () 0 en ~ en -~,.., ..... ,.., c: E. P." ,.., s'-0 ~ -.J " .... .... . . I-' I'\) I'\) 0 0 \.n ~ . I-' I'\) I-' 0 0 0 0 0 -.J " - 0 .... l () 0 s:: ::, 9 g_ 0 :I!! s· (IQ ~1l "' 1l s () 0 C: ~ \0 " :I!! ... "n, ... ,.., "0 OQ ::, ;;· "0.. �Docket No. Ji J../1. COMMONWEALTH VS. WARRflJIT DEC 195S of VIRGINIA ) ) Felony ) (attempted robbery) JANE FOIEY ARMSTRONG -=..,Ch=-aar=-=1-=-ee s"'---=A=--. _,,H=amm=e~r,__ ______ Own (x) Appointed ( ) ,p. d. / 3 CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co,, Phila., Pa, �TRIAL JUSTICE COURT Criminal Docket 21217 A Com'th V. Jane Armstrong Defendant Appearance Date ~ ?- I z_ -J~ Trial Date ij~ld for action of the Grand Jury on a plea of guilty. �� 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 Jane Folely Armstrong Subject The topic of the resource Felony Attempted Robbery Description An account of the resource Defendant charged with attempted robbery 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 1956 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_006 Armstrong https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_003_commonwealth-v-jerry-lee-morris.pdf 70ce1eca7f734b9b4e7c5592fe259c47 PDF Text Text STATE OF VIRGINIA, COUNTYOF ROCKINGHAH,to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand the body of the Court of said do present 1950, that of the State County of Rockingham County, in said one William jurors at its August of Virginia, and now attending Term, 1950, JERRY LEE MORRIS, on or about County, Taft unlaw·fully Shifflett, the peace the Circuit upon their the and feloniously against in and for oaths 6th day of August, did kill and dignity and murder of the Commonwealth of Virginia. This indictment is found upon the Callender and B. L. Kiser, the jury grand to give witnesses evidence. testimony svrnrn in Court of s. and sent H. before �COMM01'n1VEALTlI v. JERRY LEE MORRIS Term 1950 ..J-- August bill: Felony A true WITNESSES: s. II. Callender B. L. Kiser ·- INDICTMENT George D. Conrad Commonwealth's Attorney �r ,,1- Docket N o._-------"2=---=-=-3N COMMONWEALTH lSSQ &,~ , , of VIRGINIA ) ) ) vs. 3 v_;,Y o-f" FELONY (murder) JERRY LEE MORRIS Charles Own X A .Hammer & Sam P .Conrad, ( x) Appointed ( p. d. ) " ~ 0 ~ "t'1 ~ < "0 '0 " (') ? "d g; f "d 1' f CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. ,Jlt ' 1 _ 1 _ ��Comp. Form 18 f STATE OF VIRGINIA COUNTY RQCKTNGHAM OF TO ANY SHERIFF OR POLICE OFFICER: Whereas, Kiser, To-Wit: 'I B. L. Deputy Sberif'f has this day made complaint and information on oath before me, _,.,_J_..----"C_.._.,_. _.__SUJw'-'a""'r'-'--'-'t:""z....,,,-...,C........_l..t:ae"'"r-'--"k,.__.._o..._f_ cName) Justice Trial __ of the said County, tha,__ _____________ Court _ (Title) .1.1J.set.1r~r1....yJ-_._T-'-',e""e.,__.11.Ml..l..oLJ.r.::.JrL....L.:i ...,sc__ _________________________ ~ on the ____d.-td kiJJ dignity 6th day ot.-uA_.11'4g.,..,1"""JSu...u.t __________ and murder of in the said County the one 1//:ilJiarn Corn:mom·cealth of Taft , 19--5.Q_: Unlawfully Shifflett against and feJ oni ous J ¥ the peace and Y.... i ... r-l;g~i .... ·n........ i.,.,a~----------------- 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. And you are also directed to summon Sbe~iff s. H. Callendar color ____ Address ---------------□ color ____ Address ---------------□ color ____ Address ■ --------------- □ color color Address ---------------□ as witnesses. Given under my hand and seal, this,_ ___;_7~t~h..___. 19...50_ (Seal) �STATE OF VIRGINIA-COUNTY OF I. ------------------- -----------------------, Trial Justice a Justice of the Peace to-wit: in and for the County aforesaid, State of Virginia, do certify that as his sure._ ____ and--------------------------, to the Commonwealth , 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 tenemen-ts to •the use of the Commonwealth to Circuit be rendered, yet upon this condition: That the said ____________________ , shall appear before the Court 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 from the date hereof. shall keep the peace and be of good behavior for a period of_________ Given under my hand, this ________ day of __________ --:--,-----, 19__ days _ T.J., J.P. '"C I-' co - ..., ... ,-,, (j 0 "' "' 0 ~ :.ro :> ~ Pl co ::s s:: H, I-'· er; Pl c+ < '1 s s:: (/l o:.r (1, I-'· 0 0 Pl ":I Pl p., . (l) 0 OS::;:lc+~ ::l p, , H, p, :.r Pl co c:....(D f-'• c+ '1 s s:: p, ct < :.r (D ~ co p.. p.. t<: • :.r Pl p.. ;:l c+ -flt :::rI-'· (/l J:, c+ :.r er.: c . o' (/l El 30 r.n C El 3 0 ~ ... ~ 5· - (j ..., 0 e. 0 e. 5· n, !" c+ f-'• (l) p, '.:j C".l f-'• a. ... < 0 I-' G) 0 Pl ::r n, 'C ~ '1 ::s o' ;:l V1. ":I < Ille n 'O no ::s c+ ~ n, ~- ~ ..., ;. n, (j 0 ~ "' 0 ::s ::s e. ;. c,q > ... ... ;n, n, 0 ::s n, '< ~ "' "' ::s n, "' ._. ~ ":I n, ... ,. > ... ::s a. ::s a. ,. 0,. .., ::s n, (j ;:. ... :,;- ~ ;:. > ... "' ~ (JQ n, ti:, ... t n, ..., .., ~ p.. Pl '<: 0 H, ;:s (/l ~ G) (D p.. Ill Pl f-'· ;:l c+ f-'· (/l 1-3 0, (1) ::s 0.. !l,) :.r ::s c+ Pl '1 c+ (l) :.rf-'• ":j" ::s Pl I-'(::; c+ 0.. f-'•'"d H,(ll i; 0 co '1 ;:;-I-' (D I-'· Pl i; 3 O CO I-'• c+ o' '.:1 r >4 c... 5· tiii 3"' ~ . > :;.; ~ o· ;:l ::s c+ ~ .... ::r ~;. t.:rJ > t"' >-i :I: 5· n ::r .., "' -"' (JQ .... ::l'l ::s ~ a. I•'<: Pl 5. n, .., "O n, ::, . a."' '< ~ e. <: ::;· (JQ 5· F ~ '< <: ::;· 0 "' ... "' (JQ 5· 'O 'O F. n, .... Ill - ..., 0n, - 0 .... ~ a. n, "' (I) 0 o\ ~ ::r (I) ..., .., 0 ri C: "' C: 0 ~-::.· ~.... (I) (j -0 .., C: ~ ~ - r s -n ~5· --.-· c,q n, v ;. n, j.;' f ::s ... ::r 0 {I) >-i {I) ~ >-i 0 :;.; t,1 r.n ..., n, ~ t.:rJ z ":I C ti:, 0 a: z s: 9 0 0 > z..., I ~ ~.., .., "' ::s .... 0 ~ 0 n, nn, t--+J'- n, t:1 0 ~ > :;.; :;.; 0 (j 0 C: ::, ... ::< ::s n, "' (I) "' "' ~ ... ... (I) (I) (I) n 0 c,q e. N n, a. \ �FITZHUGH ELDER, ATTORNEY STAUNTON, l, 30 EAST ........ VIRGINIA BEVERLEY COMMONWEALTHS ~ October JR. AT LAW STREET ATTORNEY 25, 1950. The Sheriff of Roe Harrisonburg, Dear Sir: Enclosed you will find Subpoena in Chancery to be served on Warren Edward Wilkerson, Box 113 at service station, Grottoes, Virginia, a check in the amount of Seventy-five cents, and also an envelope for you to return to me proof of serviceo Very truly, FEjr:ph �• t �.;taunoon, irsiI'..:l. 'ovem.· r 20, l . >0 Ju er::.can st· n y re nt, Va. Divorced l o ) A Oll,;, r, 2na deu . J • r oon On a.--idF101, gu. il ·' 19;.>0., Jc • ,., t t ris , Vi Sta n tan ad.en. Lizzie i' a ho l co -ted orris to to rria o no • . i.. n.n of continued s re 1 vo . ·orris in.., ·;_ •e a ., - nit Crawford's 33 east o Cra.:-:'o J is lo :JJcfon. ,,a.. : 1::lJing nca_ • • "'3 fo.tl s vis· • " •~ , • •. - h t nc r !i.e 1"0 :u ~one ,.1p-•·fa • • occ-.1r -~d, he inqu fo:•-.; r -'Us. state,. ·i:.- ;nvolve;d h :tven •n .:i n , l:. fae so.:.::ic. 1 sr.::.rnett t ·"'irst. • • - • got gc.1.•i;dacros .. ooy : ruffle • then s··ru ncoccd ·,y c ·t. to so1 re to ear. O then 1 11 lli~ ~item orri front .1. da: ·1 go d !l •c ir~ll , -,...'1 t:-.a r ~"0• of the boe.... o_•ria ·ao T. hi.£ l tt, ,1ick, e aJ1.d 1 d told ' 10. i c:et in ·touch e dall De.in t. "'·--f, m V lle, . fi'lett' s car Girl f::-ic 1d , "'ind.inc; no o _ to "':.hi omc, -nc oy C'.lllcd to t il'i a.'1.d sk child infer; te. int., Point on ....1. or ho __ l •n ds y :>e _ seen <·111. -u • "orris on t.:-i tl1a u ugl t'Jly t • • • • ..,, v-:sited 1 t intoriro. tad, yet .o • D~nn to dri hi After being rofus b t v_,lled • Ve..bem. turned to th hooo o. "' .. i :Randall -an at his bro JY, : d visited hi pare tal.c • r; hiia. in quar a 1 e Shiff'Io •t n rr-.o ,:i.,.,... .. w.:..f1lott, D .;. • Aft.ei ffl , c icL' :1usband , n ecided lio 1 a,re. il. tl h-s return tc th, ro tJ"" . tuo ',hifflctt c • to 1 t:1a.t e . c. just loft , 1d rao 'l"iUlkiw.; 1., "A • ra. 'hii'f1....0tt to loav . an vl~le "n-~ had their d01i?l the �( ----- �Jorr-.r .c , Pa...,e2 ••• 01T::..o 11th to !~he 1 nd (~u· ·, 33). ~or:'is tJ:1.0nl .ft tbo house and ra...11 after C'hif.f'• - "-t. On -t.,"' wa he fi :id one shot. 10n encountori ,.. Shifflett and ·1ic wife a struzgle ocet rred. r. ar.d irs. S.rl.fflett. atte ted to ta.kc t,......:)m a"w.,1/' from orris. .i,1e th~ae o t1 ell t.o t grou ..'YJ.d na du_· ng tr ru.ss'.i.c h 110 , . :ired th t £ tally uncled r:-ol y Shifnott. It is bell ved ·,hat a.urln15 ~he suuffle that an ny as fo 1r shots wo f:.red. o io sup . v _.assed near Randall Dean's t i.tck , his irl f:cicntl., :isa ':n.s seated. f, t.cr ''hi lc·tt'"' bo:in1 f tally r.ouncwd, da.11 ·an a:n.d the rn.ufo!'·,~ r""'n to the scene o;;. t,e '1ootin . ro. Crmrlo· J,ickcd t~.t'' ,;.in u.p off t'·,1, ro •1r' 1'.t t :..rew it in to a nearby field. C a,rfo ru1d an " ab orr • a :u1G.in,.. ·"o ~"'d ira that 10 . t.o stay in .,he nc r y ca~ until t.h e o On October 23, Jer.r ,l Lee 1 1 "' "' 21 l ccd ,harles bject ~Jnr>..:ner an· Conm.a.. 0'.) : ' he follo.r.in_; co ' a~_,ain."it 9-h-3;, 1-l 36 6-17-36 11-10-3 di "'O ly; ante , d the olly ollier Ac uit+e UsilH· : fane L~nt. ac &n .... assaulting •• • . erring ·.rith pi~tol con o..od. on hi arson Di~ sscd r rin~ tr.a home of ~ n..ridassa.'J._tin,., '.c.c Assault olly Collier :::'1 •..:s ..ints on Robe t Tate ,hilo in jtil R-17-h2 -1'/-!J,2 17.05 Fina and Cost , appco. ~ in court ;c,nte.:ipt o_ cou:i.·t )., faili."1; .21.25 Fi.~ and co~ta - 30 days jail 2,.00 ,.:.ne - f.o dc~ya S-J.a- pendetl . o::-f i •· d bo ail:1re to rear 7-2h-h3 w.k 1.n reni:::tine are also tm.mty-f:l.ve a· jo1.:. c.y o du ~ "Y g a.nest 1i;;cn1°3, and 1949 on cl i\_,es of d:i: • _-:. m bjec-.., ... "Cceiv- d a 10.0 to ,25.00 om· of tho jai+ sentel':icea ·rere s pended. 01 • clm.r~e of ..,.,'Jko.:~a:inst t:. su jcct :£'or which ·i ' arriaonbu1•g Police Der,ar' ant ::..so :ia., his .l • .... I. . oho,m th'.l.t lC ;as ..tad in , inclte □ ter O! Cct?bo_ 7, or di rl~ conduct.. -ms ;iven a six-10n 1-ia' to .. oo :r ".\l vho cost of c urt.. • v d[,~ra o __ tho scntc·1ce , s se:i:-v <l. cl o 8hors thnt, 1-... s- .b~::ict r-m.sru."rosted in ..m"t:"-nP-u1_, 1,est, -:r ; nin. "or bcin~· dr·.mlr f.Lid .02.>::'oi to a ·7. 50 'xmd. c J ��Lee Pa..;e 3 Jc1• ! IL .. ~TORY: ~01 Lea k nd in a _a lily o:.' four ielongi.n ! to Ho ston , .d y , ney int, Vi i;W.a. The r:-ubject' s J aJ.·entB 1h ol' t s -nilo "'.=e cunt li vin.., on l Albe nrlo ; ar 8tonGy nt. It ifl believed that the pa re o • .... f ta.ti.on b t. it is lmo that in r -r- ti ,er t:m:::, h •st.ad on f cw drunk char .ea. .:.dad ::. liv:L • th his pa d t ct:.on comoartie in • o t 1B to • H~ rried in ; however, sent ti.mo t. wife " a th3 • • Lill~· nd ia T, ro ,~:,rn l.O h L oubj tain::.nrr a, di vorcc fron his ,'if in 1 35 tJ ., with too.:.1 ..other in Groene unty. It, e . o obtai...'10d n. ,i."Ct ! Jerry Fl rri 0 grade o gh the B As &ho to J , r· t, m !EIGH ,D: ; :tild ! - < • is Cl . • Greene Coun-ty. 1 • At the t, . of the offen e!' tho ... bj ct boarding Tlt.h r. a1it Cro:vfo:.·.:i in a ..;ix-rco fra: L:t n, info.. 'fiu.n mo is in tho • oo cert !'>_. r . d is o c<~1.r ied ;y tcly five :pooplc. ~1thou, ~1 t h~ has lived t 2 )Ortion of his _ifo with , his father "'tatcs t:J t hi • _ it were f q ent t rnonth durin t.c1e winter. The fatlierts ho.. is a _our-roo. , tL st o.ctur.., in a f. ir st of repair and locatea. in a !'·"- tc It is share t,y subj ct s 1 a.,.en • , oonoists or arypro.."d. cres of lnnd li •1 is devote to the 1uz· of t..11.reecows " ga!' • n. Owr }'l.._.lfof io a.croag i:J \':ooded :.md the father r..artly by cuttin.., fire woo . It is DJCA"TON: .: " • or reco d, chool for a. proximately ten . a:-.·s School in Green ndcd ~ported co. letin, ru dge Industrial t e , unty. 'ri.ouch the mlhject at.tended tions. lD -rl(. only ldi pa ticipa . ' ,TH: ~ tim. n Episcopal rsu.its 0 d ~-n cl.ritru--..inz sprocs . hich • ool, ~re fre4.10n-Uy. • r _ he haa no church afi'ilin.•• i re th~.t tl:le mf j ct j_s ibel:l.ew d to be in a favo able state of health.. Ot ian oufforino: vr.:.tl-i t,11 u ''"'41 u.ldhood • nta.~'ious ·lis.:iu es, h:!.3 onl 7 r:ous illness -v,ns a. broken collar 1.,one. '!'hi"' occu 11,:..,d as reoult. 01"' tha sabject• o beine u.nk nnd fallin;) ro 1 • rso. "'ho an• s •a,.d.ly could not es·i.abllsh an eJ::a.c·t o ·~lo;nnont record for bin. Ho ver, they a 1.tod t..11 t ... had ,m ked a· a truck .:_ .. r, orchard 1,:-;.bc.L~i:lr., r,~n.,• 11 1· bo an l a., a -o • ral labo r ··c1.. ·v-aliou con truct,ion co...cern.; of Augu .. t:l and Albem:rla Counties. t tho ti of th~ offonse; ,. was tL.ployod b·•t fr. . B. orren o i lkton, ·i rrtnio. world.n • for n. constl·ac- tion c1~ assi :nia.. wd to the Echoles .onotr·iction ��Je....Y Pa.:,e 4 :.s 'tn has no ·oso ·r value. orris, of r 1.,1.l.i :; o . r than a few , rs ml belon,,in.;,;, o"' little fifty-tm> ,ara of age, white, ·vor d, en - d a plea r, 2nd d,33 of his brother-in-1 w, , illi T. f-hiff ett. was prono and a in • to co tt1ecn 1935 a r wai ring a • l"'.7 • retrl t Ccmr···. of thirty-fair charge na;, ..... _ ed the 1 rger ~ r·,.,ion o he haa been e a~ a construct h lod; di in 4 tl h er~ r o. io ngh ti i m e t ~,~ t . ~ in o een a o:>11:ir ·>o,...., fro to PL.iu : r 23 after ..ockinghmn of Du k ny a. s . s :oan a.no. J:iil co :nc r._.s <;nt .... n.11 cord duo nts. , no plan or reconuenc'- t.he nat:.L a.tion is of!"'ered o. Res ct .lly ours, .ilton O. Culpepper P t~on 1d arole OC · ·E . ~- or.:ce ��Fil i_nthe Clerk's OfHc' Rockmg/1, m ~·,,,1ity, Va, OCT ~j 1950 fl-d:-¼~cfe' Harrisonburg, Virginia October 23, 1950 Honorable Hamilton Haas, Judge Circuit Court of Rockingham County Harrisonburg, Virginia In Re: Jerry Lee Morris Dear Judge Haas: Upon examining the above named defendant, in reviewing his account of second degree mutler of William T. Shifflett, I could not detect any extenuating circumstances which would allow me to recomnend probationary treatment to the Rockingham County Circuit Court. Respectfully ~.//. yours, ~ M. O. Culpepper, Probation Officer �t �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon .......Mr.a..•.... Vl......T ......Shir.fle.t.,- County, Greeting: ...w.hit ....Crawi'ord, ............. Mr.s •....Whi.t .....C.raw:f.ar.d.,.....a.nd...B .•....L .....Kis e.r.... ..................................... . to :,pie ar before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at :oo 6 o'clock, a. m., on the ...2or.dday oL ................ Oc.t.ob.er......................................................... 19..50 .. , to testify and the truth to say in behalf of the Commonwealth against ......................................................... . .............. JERRY...LEE....:MORRIS ............................................................................................... . who stands charged with and indicted for a felony ltlot6@~tu~,r. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, _r.R~.:f-&WH~~R;-Gl@MC-otiHtl'-91li4~i'tr-'J.t 'day of ..........O.c.t.ob.er............ , 19 5.0 .. , and in th___.~==s1. TftE SERVICE PRF.SS, HARRISONBURG, VA, the Court House, the ......19th �In the Name of the Common wealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .......Mr..a..•...W......T........Shif'i'le.t.,- ...Wb.it ....Craw.ford, .....Mr.s •....Wb.it .....C.r.aw:f.ar..d L .•...Kis.e.r ......................................................................... . 1 .... and ...B .•.... to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 3.:r; o'clock, a. m., on the ....23.r.dday of.. ................. Oc.t.ob.er .......................................................... 19..50. , to testify and the truth to say in behalf of the Commonwealth against. .................................................. . ................................................. .JERRY...LEE....MORRIS.............................................................................. :............................. . who stands charged with and indicted for a felony ~~tu,-r. And this you shall not omit under penalty of £100. And have then and there this Writ . .Witness, J-:R-o&ER...:f"'6W:E=f~.£R~~M<.-o+~ttH@Mi-Golsi'trat the Court House, the .......19th ·day of... .......O.c.t.ab.er............ , 19.5.0 ... , and in th,;...--r-=,.=,1, TftE Sl:llVICE PltF.ss. HARRISONIIURC, VA. �VS.-{f COMMONWEALTH ,{;/}o/ DESCRIPTION OF PRISONER 1 Last known addms. _--~ Color_ _______(:____ Mar ks __ _____ ( 0 ______·;t_.___ .r Height_ ___~___ ___ .... j_ _____ . ______ ,O________________________________ .. Eyes ___f~ Hair_______ _____ Weighr_J_1 _______ 1 __________________________________________________________________________________________ _ f':c,, __~-1- __ .....__ ...______ .__________ ...__ ....._______ _ Age __________id_~--____ Occupation. __ Date of Trial_ _____j Result ___2-__~ _P-/r _y_)_-f:_! ________________________________________________________ _ __________ 2-__ __ ~ _ --------------------------------------- �----..----,,.,-----.-------- �Unit ........ S'TIATE............................................. . PrisonersReportof Rockingham CountyJail .Date Put in 8 -:-:7'.'.".50....... . ...................... R. Co. Jail.. ........ 1~.r.r..~.f:!... ........................... . . . .... J.t3.1:'_1:'_Y. .~t3.t3..}v Name Address Male 1.1. .....Female Separated ......... Age ... Widow. Vocational 40. white ...Single ... ·widower Illiterate ... Married .. ............... Gr. School. Drug Addict ........... Inebriate College Employed Race Reason for Being in Jail. Awa.i.ting Occupation ..trial Divorced ...X ....... X High Sch ........... .. . ...Lab.or ................ . .............................................. . Reason for Release from Jail ... Amount of Fine ................. Cost .. State .. Federal X ........ Sentence Time .. . ..... County ............... .. .. .................. . ........ City ..................................... . Towi1 ................................ Army Others ..Navy Offense FeL ...... X ........................ Miscellaneous ........................................................ ABC .......................................... Ins ............................................ . .... .... ..... ...Date of Trial Date Committed .. Court Committed Transferred . .Type of Court ..................................... . from ........................................................ Condition ......... Date of Release ........................................ . From Reason for Transfer Physical . Transferred To ................................................................ .. . ............................................. ...................Contagious Disease, If Any ........................ . .. ............ . . ....... .. ............ ........................... Deputy and Jail or ............................................ •·· ............................................. Sheriff ��BOX 238 STAUNTON, VIRGINIA Hon. Hamilton Haas, Judge Circuit Court of Rockingham County Harrisonburg, Virginia ��TRIAL JUSTICE COURT Criminal Docket 5957 Com'th V. Appearance date 8-8-50 Trial Date d-o-50 2lea ot Guilty - P Ri • • A �,4;AI-! ✓g--3 � 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 Jerry Lee Morris 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 1950 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_016_003 Morris https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_005_commonwealth-v-jerry-wayne-craun.pdf aa0a5f013869be5f8e1dc9364e67bb7e PDF Text Text statutory ra?e ~- - ~.//4u'y </j;f/t1- /' y/;/1- /~/-~ ~7~~,),¢t ;c.~/ .z;?d~- '!fa/fol- ,A,~,J'A 9/.22), I -- ,w~~R/ ~~,1-J ?'~~/ k - S' y-..4J-,-, - ��My name is ___ J_e_r_r~y...__W_a~yn_e_C_r_a_u_n _____ . My address 119 North Main St., age. Bridgewater, Va. I am ----20 years is of 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 14th day of July, 1961, in the office of the Commonwealth's Attorney, Court House, Harrisonburg, Virginia, in the presence of Commonwealth's Attorney James R. Sipe Deputy Sheriff G. M. Wilcox and Chief of Police E. E. Harrison of Bridgewater, Virginia. Last night, July 13, 1961, I went to the lawn party in Bridgewater. I first went down to the lawn party about 8:30 or 9:00 P.M. After I got to the lawn party I saw several of my friends, who were Donnie Andrews, Bob Neil and Dennis Propst. While I was there at the lawn party I noticed Dennis Propst and Bob Neil playing bingo and a young girl, Betsy Whetzel, was sittin next to them. I did not know Betsy although I might have seen her around Bridgewater before. Dennis Propst and Bob Neil told me and Donnie that they were going to take Betsy for a ride. They borrowed Donnie Andrew's car and took Betsy for a ride. They were gone approximat one-half hour before they returned to the lawn party. When Dennis and Bob got back, Donnie and myself were sitting in my car which is a 1949 Ford. Donnie and myself saw Betsy Whetzel get out of the car and go back into the lawn party, then Bob Neil saw Donnie and myself in my car and came over and said that they were going to take her out again.to get some. I told Bob Neil that I would follow them in my car. Bob and Dennis then went back over to Donnie's car and Betsy got in the car with them. Then either Bob or Dennis called for Donnie and myself to come on and go in the car with them, and so we decided we would all get into Dorrie's car and go together. JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. Donnie Andrew's was driving his car and we drove down to the river. We drove around underq:ieath the bridge whish is located on the south end of Bridgewater. We then parked the car and Dennis Propst and Betsy Whetzel got out of the car. They walked down by the river to some bushes. They were gone about 15 or 20 minutes and then they came back to the car. Donnie, Bob and myself stayed in the car while they were gone. After they got back into the car, Betsy Whetzel said lets go some place else. We then drove down the Mt. Crawford road, better known as the airport road and parked beside the road. After we had parked, Betsy Whetzel said "whose next". Then one of us said asked Betsy which one did she want, and she pointed to Donnie Andrews. Donnie Andrews then told the rest of us to get out of the car, which we did. Bob Neil, Dennis and myself walked down the road a short ly ��- 2 distance. We stayed there for about 5 or 10 minutes and then Donnie yelled to us and asked us whether we were ready to go. We then all got in the car and drove towards Bridgewater. Betsy Whetzel then said; "Well, there is two down and two to go". I believe Donnie was driving at this time and he turned the car around and went back down to where we had parked on the airport road. As soon as we parked,the other three boys got out of the car. Betsy Whetzel was already seated on the back seat and I got out of the front and got in the back with her. As soon as the other boys had left and I had got in the back sea:, Betsy asked me whether I was ready - and I told her I was. She then took off her pants and I took off my pants and shorts. Betsy Whetzel was lying down on the back seat and I then had intercourse with her. I inserted my penis into Betsy Whetzel a couple of inches. I could not get my penis all the way into her. We had intercourse for a couple minutes. I then stopped and got off of her. I then put my clothes back on and Betsy Whetzel put her pants on. I then called the other boys to come on back that I was through. After the boys got back into the car, one of them told Bob Neil that he was next, and he said no he wasn't. Betsy Whetzel then said to Donnie, lets go up on the hill, but Donnie told her we had better be getting back that it was time to go home. We then drove back to where I had my car parked at the lawn party at Bridgewater and I got out. I then drove on down to the fire station in Bridgewater. Donnie drove up right after me and the other two boys were with him. Donnie asked me where he could get some gas and I told him that I thought the stations were closed, b t that he could take the other boys home in my car, which he did. I took Donnie Andrews car and drove on home. When I had intercourse with Betsy, I did not use a rubber. It was probably sometime between 10:00 and 11:00 P.M. last night when we had Betsy out in the car and had relations with her. therein I have read the above statement and the facts stated are true and correct to the best of my knowledge. WITNESS: £c,~ JAMES ATTORNEY R. SIPE AT LAW HARRISONBURG, VA. 1 d 1 ��July 20, 1961 I, Betsy Whetzel met Jackie Long on or about June 10, 1961, near my home on West View Street in the Town of Bridgewater, Virginia. We went for a walk. We walked up on the levy and then on upon the hill (Popes hill). We sat down close to some rocks, he asked me how old I was and I told him I was eleven (11) years old. We were sitting there awhile and he asked me to take off my clothes. I said I wouldn't and he said he guess he would have to take them off. He took off my black and white slacks and my underpants. Jackie had pushed me down on the ground and forced me to have intercourse with him. We had intercourse for two or three minutes. He held me down on the ground. I could not get up. I tried to get away from him but could not. After he quite, I put on my clothes. Then he drug me by the hand over on the rocks. He told me IE.had to go to Harrisonburg to bale some hay. Then he said he would see me sometime. Jackie me. This was my first time to have intercourse with anyone. Long said I had better not tell or it would be to bad for �' �July 20, 1961 I, t y Wh tzel met Jackie Lon on or about June 10, 1961, near my hom on West Vie Street in the Town of ridg wat r, r inia. We nt for a walk. W lk d up o th levy and th upon (Popes hill). We sat down clos o som rocks, asked 1 I was and I told him I was eleve (11) y ars d. e itting ther whil and he a k d me to a of cl I id I woul n't d h aid he gues h woul have ta ff. He took off y black and white lack and my d rpant o Jae tie had pu hed e down on the ground an forced e to hav int rcour e with him. • had intercourse ~or two or hr e minut . held e do on th ground. I c uld not get p. Itri d tog t way from him but·could not. After h. quite, I put on my clothe. Then he drug m by the hand over on the ocks. He told me had to go to rrisonburg to bale som hay. hen he said he would see me sometime. Thi as y first time to h ve intercours w -b anyone. Long sad I h d better not t 11 or it would be to b d for JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. �I 0 u I 3"Ha I .Si 2.3MAL WA.J TA Y3i<l10TTA .AV ,l:JHUBM021l1l1AH �yn ............................... -1 i 1 __ Ma.......,in ____ ......,_ ___.......,_..._ _________ .....;A._...,.....,._. I ..... Y ______ o__ 0 th" st te ent ng Is y ust b of my own e and will b us d g inst so told th t I do ke th follo -~ 1g y of July, 1961, in the office ·t ~ u , Harri onbur 0 lth's Attorney James R. Sipe o . olice . E Ia- ··"' n of ev-r~th he Virgin Deputy Bri h o Last niuht, July 13 1961 .st yin d m ft r I got to the 1 nt or re Donnie An rew th re at the 1 m i t :f.ngo and a th. . ot kno d. my o r.'.dgew te . before. p,, •• Dennis Propst and Wh 1 ~ s ttin ·x might hav ea her nnis Propst and Bob 1 .il ··old e r t t et y or a ride. Andre, 's a d too etsy fr _do w o e-half hour be~ore they returned to lawn party. Wh n in it Betsy in y c etzel o • \· i .b is a l bac c Do nie and ys lf o d. Donnie and y lf r .•.! oat ly e e caw the .ar and go ba k into the la party, O the Bob leil sa Donnie and my -lf i my car and cam~ over and aid that they we .. oin to t ke her out again. to g t som . I ·old Bo Neil th t would f llo them • . my car. Bob and D nnis then went back over to on i s c rand Betsy ot in the c r with th • Th n ~t r o o Dennis c lled for Donnie d my~ lf to c on and go in th car with the and sow ec ed would all get into D ' car and go togeth r. Don i JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. t 9 ey to r a s car and we drove down to the river. o und th th bridg ihish is ...ocat d he r.1.w,..-.c,,vcu, . ..::: n r and Dennis Pro st and o t of the car. alked down by th river to so They were go e bout 15 or 20 inute and the they cam be.ck to the car. Donn_e, Bob nd ys lf • yed in th c-r while they were one. After .hey ot b ck into h c r, B tsy tzel said lets go som place el e .. We then drov own the Mt. Crawford rod, better nown as the airport rod and p .rl<.ed be id the :o d. · r·-w h d p rk d, Betsy etzel id "whose next". Th m e .. id a t·e Betsy which o e did she t, and he poi,t d to onni An r ws. onnie Andr ~ h . told the rest of u to ~ o t of the ca, which we di Bob 11, D nis nd mys 1 w lk d down the road hort o �391a WAJ .AV .fl TA 23MAL Y3'11ROTTA .DHUS1'10€tHHAH �- 2 - t ot t ly B r d t her JAMES ATTORNEY R. SIPE AT LAW HARRISONBURG, VA. C r o t t • �... 3918 WAJ. .AV . .R 23MAL TA. Y3.vlHOTl"A ,clHUE"10CISUIAH �Jerry 1 \ My dr s 1 I not ing o s r t 0 Deput ridg Br dge :00 P J l; 13. t do t to th n And t la o d a n or not knm fore .. t they t ly t i sy Wh n Bob d th told Bob ty, t and and 0 in.t car .. et y or D d o t I i 1th woul d a t 15 or 2 my bac th or ob 1 s ch r JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. s to d y ut of o th 0 y 1 �3q1e WA.J ,AV .H c3MAL TA Y31,!ROTTA ,.>>lUBl,!Ol!I>IRAH �.. 2 y t got Jr o oy th d t t Bets k I h ~ er n r two b ~as r. we th n i to the 1 own b dr I h he o had Bri o cl· Aft "_ I th he hat • l then c er. tout. I r. with him • tha get d, b t a h • took D rubber. It wa last nigh1.o hen ith her. th I herein ar IT •S: JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. 1.nter o r ably s et ad Betsy u tru d corr bov, ct to y I di en 10:00 P .. car and had r lati ns t and the fact t of my knowle t t d • �3q1a WA.J ,AV .S'I c?3MAL T Y3HSIOTT/ .aRUSHOa!HffAH -- �C!!nmmnutttealt4 nf Bitgiuia GOVERNOR'S OFFICE RICHMOND to r 6, 1961 ....i-..,..-n, n,wwh,, U V V 1 onbur • V • i . i '"ini J ti 1 f t tut l, 196 th Car fu1 eo ·id rntion tis C c. irgini . h been i in act th• ttorney reby oord er 23., 1961. in conn ction wi h he , ; .eril' • 10 f ective �3::>r=r=tO 2'HOl-1R:3VOc) Oll!OMHOIS:. �F-1~. l0M-12-53 SP DEPARTMENT OF PATHOLOGY ROCKINGHAM MEMORIAL HOSPITAL HARRISONBURG, VIRGINIA O.P. Date 7-M.-61 Surgical No.p61-167 Service of Dr. ARMENTROUT & RIDDEL Sex Ffil'AIE Age 11 History No. Name WHETZEL,MISS BE'ISY Tissue Submitted: Ward "PAP" SMEAR The smears from the outer vagina, deeper vagina and from the two swabs, submitted with the smears all show the presence of spermatozoa. W. H.1'ALBOT, Pathologist M. D. ----- �L L.J l i r �s t m r 27, l. 'l The Honorable J., Lindsy Gov rnor of th Co on Richmond, Vir ini Almond, Jr. lt of v·~ e: Commonwealth v. Jerry D a.r ~overnor Wayne Craun l.lmond : In connection with th above gation was .. de by my office and the ilia.r wit:h all of t" e d t· ils. Thi rep tation in th " ity whee... ppearancec !s itd Jtr·o g qu ~ sua ly mature o s w t d t . o ider bly lder t• ppear ce of being old. h~v·or an y a~y to re est t d she is no. _ ervisio g"rls. com.lete investio £ice, and I am ems to b . .,.. ood , oo ~rom 11 good citize o T.e age and all of the u n the th ctu 1 In st 16 17 y ars to ey her p~r n~le.Court to a om for de~i qu ' Based upo~ my knowlecge is my r Ofilllendation that this o boy Rep the facts p r on in thi 1 g 1 y you Jame R .... ipe Co o alth·s , Attorney JRS/sfd \ , cas, it �I' �Comp. Form 18 STATE OF VIRGINIA COUNTY OF _______ TO ANY SHERIFF l No. _____ _ f i______ OR POLICE To-Wit: OFFICER: Whereas, has this day made complaint and information on oath before me, -----'==---====--=....:e........:=-..e.-==-=------CName) Ju tice of tha __________________ of the said County, tha~-------------- (Title) did on the to-~ it: 3th s, in violation of ection Cod 1 0 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 (f>'a4i 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. 14tb Given under my hand and seal, this._____ ~. J ly -~--~cJlD--~~~L~~~-<Title of Issuing Officer) J 5T-C OF TUE E (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 sure'-----, 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, be rendered, yet upon this condition: land5, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court County clay of _____________ ~ }9 ___ , 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 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. >-,l .... 0 ;. "., C: "1 (j 0 ~ s· ,. t'1 X " n s:: n 'O no ~::, "' " ;. p. ... ~ < !" ;. p. :," .;;· " ">4 ., s· ., .... ::0 ::0 ;. ". ~ ~- .,., :," IJQ -" .... 'Zl >-,l .... 0 ~ Ei" ,. >-,l ... 0 ~ (j 0 ~ "' 3 3 0 ::, :li! ,. ~ (fl s:: 3 3 0 ::, s· OQ ;. ~ > s,. .... .,s ::I " '< ,."'"' ~ t .... ::, "1 ""'"' " "., '-< ::, > :::: ,.::, p. tl:l .,p. 0.,.., ::I n (j ;.., :,;- ~ ;. ., IJQ " > .,., "~ to t ..-; ., E ~ ., .,., ., ::, '° I > ::0 ~ ., '< p. ~ z l:rJ ::0 > t"' ., t'1 (fl ::r: C. ~ ., s:: p. i5. ,. '< 'O ::, 0 -. "e:. '< <: ;:;· s., .,.., " <: ;:;· OQ IJQ jii" iii" ~ ~ s· s· 'O 'O C'" -. 0" -. "... 8, p. -Y> " ~ p ~ p. ::t> ., .... a: 0 ~ ..... ::, (j 0 a:: 0 "1 (I'\ >-,l 2: ::, l:rJ 0 z>-,l 8, ~ ., n > o· ::, n n > ;. " 3 t, 0 ~ :," " "' 0 tll 1-3 s· Q s:: D. .., 0 ::I tll :," ... g_ 0 :Ii! r 0 >-,l " g p ~ ;. ... ;:..· (j 0 IJQ ~- s ""' "' ""' :Ii! .., .... ... ,. s:: .., 0 ..... '° (j 0 l ::I s:: '..< .., n () 0 IJQ e. ... p. N � 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 Jerry Wayne Craun 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_005 Craun https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_012_commonwealth-v-john-clifford-gabbert.pdf b3cb050bb9fe87c6e5a67251db7941e7 PDF Text Text -/....:...#_£ __ _ Docket No.,...... 2:...... COMMONWEALTH of VIRGINIA I 0 ) vs. ) Misdr. (appeal) ) "-------- JOHNCLIFFORD GABBERT .., 1, cl. --------------~P· Own 1962 February ( ) 26. Appointed ( ) Docketed. April 26. Jury impanelled, &c.,; evidence heard, verdict of guilty returned, and punishment fixed at fine of ;µib00.00 11/12. CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �>< n ~ -; "' 0 ,.z z 0 "' z ~ .. ,, w " 0 0 UI (D :c r > w "' ��I • �-I COUNTY COURT Criminal Docket N<! 36823 Commonwealth V. • (/ De. JR,_\""Appearance Date Trial Date "I J,-- ; ~ / <- - '1 - (..J - ( / -- / t> C/ ·7...--- A ��Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: the Commonwealth to appear __ before T Count~~ ____,/_..:J_-4..._day of /:~· of sitting , 19{ 2.., of Virginia to summon _________ at Harrisonburg, at the hour of to give evidence in behalf of_..:eLe::::'::.5.l..~,,.__..:..<-!/,__,__,'-.:,,__ ___________________________ tn the pending case of _0_.__..<~,;;.-=i--__,(_JJ~~~-------.,-------------------------- v.-2 ~ Ciivenunder my hand this Virginia, .L _ m said County, O!ko. on of that day _ cJJ_ Clerk Asst. Clerk �The County Court Docket No..J ___ 6cf,,l_j c:__-<LL ( V. ( Witness Subpoena ~~ J__ Io <f P. <¢ 2-J U1>--... I I �Witness Subpoena Commonw;ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: to appear ___ before The /...., ...,.J,_;-<L_· day of o nty Court of said County, <]:"..i , 19~2-;-at sitting at Harrisonburg, the hour of __ Virginia, in said County, ~.:2_~-~~"-~~~----of on that day to give evidence m behalf of_~-~~-'-~------------------------------ uJ__ Clerk Asst. Clerk �The County Court ____ Docket N o._J~ J)., ..!J ~.~Lf ( V. ( Witness Subpoena ( �Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: onwealth of Virginia to summon _________ You are h , to appear before The __ _,/ ...... J_~_day of nty ~ur} f~ of said County, sitting at Harrisonburg, "Z4_19<!:.?..-;-atthe hou, of to give evidence in behalf of_~_.=...,___,__:::.._r ______________________________ m the pending case of -~-=""'---':....:.....::::.._ ,)_ Virginia, _ in said County, on 'p,frL_ of that day _ _---LL _________________________________ _ 1 �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 J. R. Berry, to appear ---1-3 before The County .... t~b~_day of Court of said County, February to give evidence in behalf of __ m the pending V. Elkton, case of _______ Virginia, sitting of Virginia to summon ________ works at Brill at Harrisonburg, , 19__6_2_,at the hour of ___ Virginia, Funeral _ Home in said County, on __.2 ..... ·"""'0"""'0____.._P_..--=M=-'-. ____ of that J_o_h_n_!B_a_b_b_e_r_t _________________________ day _ .... C.....,ou.J..Jmu.m.L.J...L.o~n..,,w"-'e.....,..a ... lt_....hu._ _____________________ _ John Gabbert Given under my hand this,___ ')-lo( __,,____ 1 day of ~ Clerk Asst. Clerk �A.s �I_ • �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded ..... Rayslohd ... Greeting: to summon o•.... B.e.:r.:ry., ....o/.o to apt)ear before the Judge County, f.µri.~.:r.~:i. ..E.9:rn.~, ..]l::L_l<:t.9:P.,....V:i.r.gi1:1J.~ ........................................ . ....:S..:r..:LJ;L .... of the Ci:·cuit Court of Rot:kingham County, at the Court House thereof, at 9 :30 o'clock, a. m., on the 26tAJ.ay of ........ Ap;r.:iJ.. . .... .. . . . . , 19 .~.~. to testify and the trnth to say in behalf of the Defendant in the prosecution of the Commonwealth against .................................... J.obn ...G.~.P P..~ r.t .... who stands charged with and indicted for a f<ll~ In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the16.th. of the Commonwealth. William A. Julias,p.q. misdemeanor. day of ........AP.rJJ. County, Va., , 19.9..?, and in the .1.8.6.th.year �EV':CUTED/{-:~~--:~. 1 tN THE COUNTY OF r::oc1<1~~GHAMsv DELIVEWG A TRUE r COPY OF THE WITHtNd~ TO~.. IN • PEW11,,, -- J ..Q..fist ......... . ~-~~-a.r.✓• 00)11 £/ICT. •• •• R. C. s. R. c. �In the Name of the Commonwiealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Trooper J. R. Failes .........~~t_t;y ..Armentrou t ...- ...Gifford ..........Joan ..Helder ...- ...Gifford ..Hall,. __Madison .. College ............................................................ . ..Hall, .. Madison ..college·········································································· ..........~.arol .. Bishop .. - ........~•................. •.~················~·•···················~·~·················································································· 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-:t;:.b day of ......:PIJJ ................. , 19..J?.i,to testify and the truth to say in behalf of the Commonwealth.bdoce.tlM.-..and-~, against .............................................................................................................. . ............................................................................ J.9.lm...~iJ..ff.9.J:::4 ...fJ.~ijB~.~t .................................................................. . who stands charged with aoo-iM.tiideti..f@i:a f4t~ll)' misdemeanor. 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~.J;lof ................P.'fJ:1-....................... , 19..9.f.,and in the ..1.~§.t.J::lyear of the Commonwealth. �...., 1•,(,j\JTED1///1,ffJ-, 7" . _;Q:[IN&r l' G~PY J, .... .J-- • • 1h' c, r 1 ~ --' ~ ..,AJ!;C'J':J pP,t"'J ':f'R C~UNTy OCKfN. , .,.,;., .... , p?-· \ TRC·· co· ~ 1 fl~ 1 '"!,.I\ 'l'F 1,)l'H -~ T~~ : ff Ji41!(?:/,t?y .+. _,-:_,r, 1~,u ~, • • • • • \J • • ._ .. t~ill h . 1' ( ~.,;(- ~. - • -·· ✓:--~~4~. I , ,. ---·" EX:-ru,i:;!"'l~n;' IN Tr--:ECOUNTY OF kG~.~ li'-l~H/.t-/1 BY~ C!:l--!Vttl4'-lfr, A· .;-·mUE E"Y,...,..UT[~ Y(~. IN THE COUNTY OF r._o;:r<:INGKAM BY DELIVE.RING A TRUE CO?Y Of THE WITHIN~~.; !9-#~- ./.~ COPY OF THE WITHl~~- ......... . T~~ PERSPN·p~~-- ~~tR:?~ ",:£,/.;~~S. By .cf/~&.#.: ..... D.S. R. C, &.~~~-R.C. By .:1,:/.~~ -;: r.1) -· •• •• • • IN R. C. .. D.S. R. C. p �ST ATE OF VtRGINIA-COUNTY OF -~~r-+----G'---'e__,_,l:rr'' ..... M ......... 6->=-.,HUJ'+e__,,__..,_N'/:...+-----~ I. ___________________ a Judge of the County Court Justice of the Peace: C h'f!i5£. that ($ yet upon this condition: That the said-;J:of/Af oe..J<,rt(,.../.l of ~M /./A l?R,1$0/'I/ in and for the County aforesaid, State of Virginia, do certify T- ), to be made and levied of their respectiv}f~o~s be rend to-wit: c:1t. and chattels, land5,_ and tenement~ to the use of t2:t /ma-wealth ,EF,,eD ~ 'BBERZ:shall 9~ County, on the day of to appear before the Court 7tp,e, 4.J ~ . lQ' ~ at 9'.'l, c> JOM., at fscJ,e (;.._. ,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; all6 upon the ftu thu condition that r~d ------,,,--..------------ ""m '.•:~: shall keep the iital bH ''")' :7c :g~"""d,: J lie 9f good bebu jer fer I perje;;Igf ----------~ 'd"~ by i"Y B!e" 1,fr ~ Judge. j:-'P:- ' AT ;. ... t'1 ,.X ., C n < C: n 'O !" ;; no ,.5l::, ,.::r Q. ;. Q. ... ~- t, ~ :::0 :::0 ► z (") .., _oss ~ 0 ....., s1 ~ 0 E (") 0 ~ "' ::, ,. ~ ~ ;. ~ 0 .., ,. ::, '< CJ] s ~...::,,. a0 "' ::, s· "'> ... ... s:: CJQ ~ g- ,. ,.::, ., ::, Q. ... "' ... "' n '-< ~ "1 ,. ,. .,::, (") ;. .., :,;- ~ ► ,. ~ ., ;. CJQ .., ,..., tr:, ~ 0 0 0 :::0 :::0 t'1 CJ] >-l E ~ ., .., ... ., a ., C: Q. 0. ... "' '< n, ~ ~ g, ::, '< tr:, 0 ., .., Q. < :;· z p ~ 1:2':1 > t"" .., :x: 0 ., CJQ s· -s· __;· F. 'O Q. < :;· CJQ ~ ~ .., 1:2':1 z ► >-l .., ~ (') z>-l "rj .: 0 >- ;. ,. (') 'O 'O .,.., n, ~ 0- ..... "' ... g, 0 -Y, ;. n, n, "' ..., ::r n, [ 0 (') 0 rn rn .., ~ go s· C: .., CJQ p 2 .:a~- ~g,. ,."'"' 0 ::, ;. "' (") 0 C: r (") 0 C: ::i 9 "' .., ... ~ 0 .., n, n, .., - ... n 0 CJQ ::, ,:r ,. Q. �Comp. Form 18 ST ATE OF VIRGINIA COUNTY OF ____________ TO ANY SHERIFF _ OR POLICE I No. _____ To-Wit: _ 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 furthP.r 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 _____ day of________________ (Title of Issuing __, 19_ Officer) (Seal) �S. P. 82 REV. DEPARTMENT OF STATE POLICE 7-21-58 .;:.../-=:.__-"/'---"q'-'-- __ on __ Reckless Driving 0 (---Lj _____ Speeding at~;J~' _____ MPH in a ____ _(J_PM, MPH Zone I Other I hereby promise to appear to answer for violating the motor Chauffeurs No Operators License 0 559850 C vehicle laws of Virginia, 0 to wit: Illega.~------- □ l.. at the time and place specified above D Suntmons ginia. Defendent's issued Failure separate to under Title comply 46.1--Section with this 178, Code of Vir- summons constitutes a offense. Signature------------------------------+--------------------------- Trooper Shield No. ( All traffic fines for State violations Fund for Educational purposes. RACE DEFENDANT SEX ' " EYES J are paid into the Literary WEIGHT FT.' HAIR CODE HEIGHT .,IN. MONIH BORN _ OPER. OR CHAµF. ., / LICENSE NO. MAKE I VEHICLE ICENSE (' , CITY NAME OR TOWN TYPE t YEAR NO. STATE STATE f,.,, OCCUPATION COUN BORN ~ .,/ JURISDICTION, YEAR £1 /" I I OF COURT County OFFENSE DATE 11-20-61 PENALTY CONVICTED GUILTY □ NOT GUILTY E] .)riving under the influeLCe of intoxicant OF DATE LICENSE IMPOSED 1 year NAME PLEA OF ARRESTING YES □ OFFICER TITLE OF COURT OFFICIAL Jud..;e C 559850 This abstract is filed by the Judge or Clerk of the Court having required by Section 46.1-413, of the Coda of Virginia, as amended. jurisdiction of this case as 2-13-62 SUSPENDED? ��Comp. Form 18-A sTA TE OFOFVIRGI~--~-~_e_r_i_s_o_r_,_iJ_u_r_,,f!::,'-. ______ COU'N~ _ - c::.t:,. TO ANY SHERIFF OR POLICE I No, ______ To-Wit: OFFICER: J. . . :;_:;i,:'..les \iVhereas, Jo : ~ tJ i: has this day made complaint and information on oath before me, -------------------- J Svic~ f ~ e ______________________ _ ence G. le '...:e (Name) of the said Cmm:t?y,tha1- ______________ _ These are, therefore, to command you. in the name of the Commonwealth, to apprehend and bring before the _,cC'' i ~Lh2.t1 . County Court of t~: rod County, the Lody (b:ro;!res) 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 ___ ·---------------as witnesses. color ____ _ -------------□ Address ----------------□ Address ---------------- □ �~::_t:r -,-,. "~,~b O STATE OF VIRG,[NIA--<;_~ OP---------------------. I, 1.,.., a ., ,,:_~[, to-wit;.. Jmtse·o"Hhe:Cowi'if"Courf Justice of the Peace in "' 0 t•· '1 and for the C(?l1~: aforesaid, State of Virginia, do certify that __ .,_''--'---, ~ to the Commo ( $__ 2r,o .c..,,_..,.___.c......_),to - Dollars be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth Jo' be rendered, yet upon this condition: That the said ..,.:,."t_ 0::..-·'_'....,l=-.::,· • ,... •l_!c_0 ·..cm...c.... ___ _________ of _______ have this day each acknowledged themselves indebted ~t.-'T------ .,....'"' cnt 7 - "-h __ ,... , County, on the ---~-~-v ,-·p ,~SC Cl :._f_:'r·. Ciiitiil shall appear before the "!-"' c e .."" day of --------~---·--------, ~ at ') F M., at '-' Virginia, and at any time or times to wltkn 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; County r 19__ l, the proceedings may be continued charge_ in this warrant to answer obligarion to remain i~ full force and upon further condition that • ~.J.P.· 1-o:j (1) a'< (") 0 "' &: ~ [ 5· n ~ 'i c+ '\ ~ (") e. S; &: :::, ,ii ;;.i ;: > § 8 ~ en (D p, I-') 0 t--j 'i 0 ::s p.. (/) p.. (D 0 C/l ::s c+ C1 0 § ::s (1) c+ p.. I 0 I-~ 4 Ii c-1- a ('i· ::s t-' Ill f-1) I-'· ::s(D 0 p..;:-p.. (D ::s 0 p ::s 0 0 0 0 en I-' \..,.) c+ f-1) (") I-'· t--j O I-':=;' • t--j ~) <'.l en "i ~ CD Ill O ~ c+ t-' c-1- ::s I-'· (1) ::s f-1) (D ~t--jP,(D c+ 2. E{ nI-'· -p.. ::s Cl 'd ---- ill C/l I-'· Q, ::SOc+t-'l p, (1) ~ ~,. e. 8- ::0 p, ~ ~ (1)':, § Ill ::S f-1) I-'· f-1) °' 0 t1 9 90 0 0 • ::s O'Q t--j H) ... 6' 0 0 f o;:;,- "i ci· p.. (1) (1)~ p.. t-' Ii N~ ;=j 0 w -- 0 '-0 \ :=;-o ::s~I-'• < i= • 0 p.. t-' f--j (1) 0 f--j (1) (0 Ii ~ ~ ::s p.. ~ s· n "d I-'· ~Ill ::s ""1 \ ""1 c;c ::s (1) a. sn ss· () ,., ~ c,, .... r0 .. 0 Cl- Cl- - '< sn 0 0 V, 39 0 :::, 5· (IQ § s ~ ~ a· 1l "" ~ ::; :::, .,Cl0 ,., n ... '-' (") s::: ?,-... 'b ~ ~ r:: ::, ~ I ~ ~- if Cl- 0 Cl- -< ... ~- ~ ... a. e: s· .,, _F" n J" :::, .,... e. ~ ~ .,... Cl- a. ... .. 'Tl ll n... ;,;- ! n ~ ~ Cl- .,... n g .:; 8 (IQ ~ ... 1l if ~ (") 0 V, --i V> ... .... .... n 0 ~- t to Court c:: :::: .... r a. ~ r:: 0 g �COMMONWEALTH v. GABBERT CHARGETO JURY If you find the accused motor vehicle spirits, ($100.00) while under the influence as charged his punishment guilty in the warrant, by a fine of not less of alcohol you will than six months, in jail either for not less a or ardent say so and fix than One Hundred Dollars nor more than One Thousand Dollars by confinement ($1,000.00), or than one month nor more or both. If you find him not guilty, more. of operating you will say so and no �C. �COMMONWEALTH V. GABBERT I INSTRUCTION --The Court offense any beverage while containing in this completely while completely alcoholo or whether drunk, whether or not he was under jury, from the evidence the test John Gabbert to himself while and others, of intoxicants in such condition in this to be a motor vehicle which must be determined introduced or was he had the ability the influence said motor vehicle is one of fact of alcohol, he was operating with safety of the is the operation Therefore, nor whether such vehicle question the gist charged case is not whether drunk, was driving stands that under the influence operate this the jury of which the accused of a motor vehicle applied instructs case. to but and and by the ��COMMONWEALTH v. GABBERT INSTRUCTIONV The Court instructs has drunk enough alcoholic the jury beverages disposition, speech, or behavior, as to be apparent be under the influence muscular that any person to so affect movement, general to observation, of alcoholo who his manner, appearance is deemed to ��COMMONWEALTH v. JOHN GABBERT INSTRUCTION The Court to be innocent by evidence of every reasonable case, at every accused made benefit in the case, all reasonable thereof, consistant of the guilt of the defendant, however is it sufficient weight if the greater in the warrant, reasonable doubt. unless strong, and to the throughout having the entire heard to prove the charge duty to give the defendant Mere suspicion is not sufficient or preponderance such evidence all of doubt of the guilt of the or as to any fact essential it is their of the with his innocence. and if, after of the doubt and find him not guilty. the charge doubt, the jury have a reasonable him in the warrant, the defendant in the warrant goes with the defendant stage upon the whole case, against as charged hypothesis of innocence and applies guilty beyond This presumption the evidence the jury that the law presumes until he is proved Commonwealth, exclusion instructs 5 NO. or the probability to convict, of the evidence amounts the nor supports to proof beyond every ��COMMONWEALTH v. JOHN GABBERT INSTRUCTION The Court cases beyond the burden a reasonable instructs to prove doubt and not on the accused upon a consideration the witnesses and the circumstances should 4- the jury that in this case is upon the Commonwealth If, therefore, the minds NO. of the jury a reasonable as in all criminal the accuseds' to prove himself of the whole case the testimony shown in evidence there guilt innocent. of exists doubt as to the guilt of the accused, in they find him not guilty. I ��COMMONWEALTH Vo GABBERT INSTRUCTION£ In considering burden of proving Court instructs able" nor its on reason, whether the guilt the jury of the accused that meaning. you should A reasonable imaginable, conceivable In passing trial must limit of this doubt, cannot proof essential to the proof doubt concerning If, evidence, after a reasonable a convinced If, hand, viction of all the evidence of the truth reasona?.b#. in mind that to to create of guilt. any doubt testimony or from ques- and not a mere circumstances. consideration of all of the of doubt as to prevent of the accused, you then the burden. after an impartial in the case, of the charge, at the inferences inferences of the accused of the guilt to meet its presented should be a doubt of a material in such a state Commonwealth has failed sideration bear and honest belief on the other to find and nonessential your minds are left from reaching fact, of the guilt immaterial of the charge, and reasonable from conflicting of any particular doubt, beyond every go beyond such evidence should from lack of evidence, tionable or possible to the evidence nor can you go beyond such evidence arising the the word "reason- of the proof the natural the jury doubt, doubto consideration The jury Furthermore, fact with imaginable upon the sufficiency including be drawn therefrom. not overlook a man must be proved guilty or possible its case, beyond reasonable doubt is a doubt which is founded and is not to be confused for the law does not say that the jury or not the Commonwealth has met its and reasonable you have an cbiding you are then satisfied con- con- beyond all �C J �COMMONWEALTH v. JOHN GABBERT INSTRUCTION NO. nt, _..aael The Court the defendant of an intoxicant, fact, the jury that before they must was driving the motor believe vehicle had one or more evidence, badly sufficient if it existed, like every other drinks of an alcoholic in itself that the defendant material and must have been clearly muscular movement, fact, must apparent his manner a reasonable while under from the evidence be proved may have been from of speech the influence beyond his general or in some that this alone upon which to convict was under the influence beverage, nor is the fact that the defendant evidence they may find beyond and even though the jury may believe is not sufficient driving instructs guilty of this charge, doubt that the accused the defendant further him; but the of an intoxicant a reasonable appearance, similar way. doubt his �,, 1 • .L J �COMMONWEALTH v. GABBERT INSTRUCTION7 The Court instructs witnesses is a question appearance exclusively of the witnesses the reasonableness mony, their apparent candor and fairness, they speak, witnesses to the parties, if any, the right credit circumstances to determine appearing the interest of their weight testi- apparent in- of the of the of the witness and from all on the trial, which witnesses accordingly. manner of the relationship if any appear, and what is the relative and to give credit their of and from the the opportunity to know whereof surrounding their and consistency witnesses of the trial, the credibility for the jury; or lack of intelligence, in the result that on the stand, testifying, telligence the jury other the jury are more worthy of of any such testimony has �� 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 John Clifford Gabbert Subject The topic of the resource Misdemeanor Description An account of the resource Defendant charged with a misdemeanor 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_012 Gabbert https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_013_012_commonwealth-v-john-d-long.pdf 4dd927717d1de4ac2d0db86bf87b27b7 PDF Text Text COMMONWEALTH OF VffiGI IT , COUNTYOF ROCKINGHAM, to-wit: In the Circuit Court of said The jurors for of the Commonwealth ~f Virginia, the body of the county at its County: of Rockingham, said Court that John D. Long, on or about April with a certain leaden shoot shot, gun, tnen feloniously one, Lucy Kiser, then and there the peace Pearl and there and of his malice her, the disable, in said county, gunpowder and aforethought, said did Lucy Kiser, and kill, is found on the testimony D. H. Radford, and Rodney Howdyshell, witnesses the grand evidence. jury with do present against of the Commonwealth of Virginia. indictment Hussey, oaths 23, 1937, loaded with intent and dignity and now attending 1937, upon their to maim, disfigure, This Kiser, June term, in and to give J. W. Bazzle, sworn in Court of J. F. E. E. Kiser, and sent before �FA Commonwealth vs) Indictment John D. Long t • Felony June term, A True 1937 Bill: Witnesses:.,.... J. F. Pearl D. H. J. W. Kiser Hussey Radford Bazzle t/ E. E. Kiser Rodney Howdyshell D. W. Earman Commonwealth's Attorney �ORDER F COURTJULY16 1 1937 Common·mal th v. John D,. Long Upon the order of the court attorney for of the felony for the period port .:i jury of sentence of a commission, Wright, two qualified sanity of said vonvict it now appear 1 s to which verdict by the court consisting of Howard Armstrong physicians appointed that pendir1g tl e re- of said to inquire into ,.;-!\· it the court; commission this said J>nvict is insane, t .. and J. as shown by f.;)rmer order of this g from t e report turned and f1led term or court, ln t e penitentiary and six months,, was suspended Long, end his punishment fixed at confinement of five years n. Jo.hn form.er day vf this for ~hich he was indicted, ve1~d1ct e,f said the passage ct.ree again the duy the commonweal th and the defendant, who was convicte-d by the jury at by tie this and day re- 1s ordered that said John D. Long be, and he is hereby committed to the department for the criminal arion, Virginia, insane there in the Southwestern Sto.te Hospital to be kept as provided by la\"1, an at pending his removal to said institution said convict shall be safqly ·ept by the sheriff of this county 1n t e jail of tnis county; and that the olerk said institution the commission, of this ertifi€d and all court cause copies orders to be mt1.de and delivered of' the indictment, entered int is case. to the report of �ORDEROF COURTJULY 9 1 1937 Commonwealth v. �~ - • • .,._..,_,...,., ..... ..,,...,,..,.._., __ ,..._, __ ..., __ ..,_,. .. .., ... ---•-,.. .,.,.., ... .,..,....,,...- .. .,y ...... Jw., JJ .. (. I t ~ t '-- .,,,;: l ~ /i ., . , f' . , ,, ,. ; /(r rt' /, A-~ c; ,, rl ,,- f: J 1;- rt . ;Ir / J /1 I-• I I ( <: f- h...t) ' / ~ t...C '" (f'/,-L t'f'l a.,&Z,.~ /( p;... ..._,('~·- f ~ to f e { - I- �~ ~ :, . ( ', . 'I ;· ___.:, I ) ~ ~ f I J �COMMONWEALTH V. ) Felony (fa) JOHND. LONG I J,,tJ I 9;;1rv /., J {J ~ !) /;. ~-~ • �~ NJ 00 -:i -.J �Hon. H. W. Bertram 12-5-41 -2- It is my opinion you have jurisdiction under Section 1041, to furlough Long and under section 1040 to deliver him to the custody of his wife under bond. I am preparing an order which I request your Honor to enter, furloughing Long under the authority of Section 1041, as this is the section under which the hospital authorities contemplated the order would be entered. I do not see that it makes any particular difference under which section jurisdiction for the order is based. If your Honor will enter this order, we will have the Clerk transmit a certified copy to Dr. Blalock and Long would then be released on furlough filir one year. Very truly GPY:MS yours, ��CAMPBELL & ATTORNEYS AT WYTHEVILLE, STUART VIRGIN LAW IA B. CAMPBELL GEORGE STUART CAMPBELL P. YOUNG B. CAMPBELL, JR. December 5, -1941 I Honorable H. W. Bertram, Harrisonburg, Virginia. RE: JOHND. LONG Dear Judge Bertram: I have a copy of Dr. Blalock's you of November 28, regarding Mr. Long. letter to The contention of the Marion authorities is that they cannot release Mr. Long because of the last sentence of Section 1041 of the Code. They further contend, however, that this section applies to the Superintendent of the Hospital but not to the Court and their contention is based on the fact that Section 1040 expressly applies to both the Superintendent and the Court and that the Legislature must have, therefore, intended Section 1041 to apply only to the Superintendent. They say, therefore, that it was not the intention of Section 1041 to prevent a court,where a person wasconvicted,from furloughing him with the consent of the Hospital authorities. This seems to be the construction that the hospital has put on Section 1041. Your Honor will see that under Section 1040, the per on referred to by this section, as we understand it, is a person (1) "charged with crime and subjectto be tried thereforTT or (2) 11convicted of crime and subject to be punished therefor.TT Long was convicted in 1937 and has been in the Hospital since July 25, 1937, a period of four years and four months. Under Section 4910 the time a person is confined in a criminal insane department shall be deducted from his sentence. In other words, had Long been in the penitentiary he would receive half time off and would now be out. He would have had to serve two years and nine months on good behavior and thms his term would have been up sometime ago. Therefore, now as of the time your Honor would enter an order furloughing Long, he is not v1ithin the purview of Section 1040, TTaperson convicted of crime and subject to be punished therefor.n If he is not, as provided by this section, the court may deliver him to any ftiend who will give bond with surety as provided by this section. With regard to the la_l.t clause of this section, even if it be regarded as applicable1o Long's case, which I do not think it is because he was not found to be insane after commitment, the letter of Dr. Blalock, in effect, states to you that Long is harmless because certainly Dr. Blalock would not agree to a parole of Long if he were not harmless. ��IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA: COMMONWEALTH ORDER v. JOHN D. LONG This to enter day came counsel an order State Hospital that reasonable attorney the Court since having that having said would give of her Long adequate in person ability, it D. Long be forthwith St te Hospital is further forthwith certify the Southwestern dated said said Hospital November 28, 1941, Long is within the realm Long to ~released that the said Long's on relatives and Mrs. John D. Long, the Court supervision of the said John D. Long, and made oath that of the said Long,to ordered and furloughed at .Marion, to institution of said Long, wife is accordingly and it in said supervision, before paroled It appearing assured and adequate of said County, of the upon being regulations to the by letter for to the Court has been given ~uperintendent he is willing careful appearing Long has been confined and the and moved the Court from the Southwestern and it motion same as Mrs. Stella appeared western of this of intelligence or furlough give the accused Virginia, to the Court and that who is the best said 25, 1937, the level parole the accused the Commonwealth of this reported of normal will notice that July furloughing in Marion, for for that from the in accordance with the said she John sa.id Souththe rules and institution. ordered that a copy of this State Hospital the Clerk order of this Court to the Superintendent at :Marion. the do of �COMMONWEALTH ., v. ORDER JOHN D. LONG Enter this ___ December, 1941. Judge f~r/9 day of �_,_---- ·------ JJ:;7//'7 ~ ~. • ~ • ~~.~ 1~ • ~ ~ ~~~ 2=_~~ I 7 Ii £ ~ �I I 1 ;tlrJ~\ 0~ ' JI" �~ r?) INSTRUCTION NO.__ The oourt further of BUsp1e,ion no matter guilt. instructs the jury that how. grave ar strong The accused oan not be convicted he must be founi not ga.ilty proven beyond all every reasonable faets Q,,~Ai.--- pro?en. reasonable theory unless oiroumstanoes are not proof of upon mere sus~icion; the fact of his guilt doubt to t he actual of his innoeenoe consistent is exolus ion of with the �o -( rlt • -xut 1l - ,-:r.•...u n ·.c .. '! 11 J. 0 0 .. .L �INSTRUCTION NO. The court prejudiced instructs the e ------ jury that by ree..son of the failure the accused is not to be of the Commontfealth to point out any other person who might haTe committed the crime or disolose evidence not called neither of some other upon to vindicate is the fa. ilure person as the guilty consideration cused. criminal himself of the evidence agents, by naming the guilty to point party a circumstance in determining the guilt and the accused 1s that person; out any other you nay take into or innooenoe of the ac- �• i IJ , •• ,. J �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA. COMMONWEAL TH . vs. • JOHN D. LONG •• CHARGE TO THE JURY. If you find you will the accused, say so and no more. If you find in the indictment, confinement him guilty charged, for a period years, fine by than one for a period or, shooting, of unlawful shooting, his punishment of not less in your discretion, as by than one by confine- twelve months and by a fine $500. but find the indictment, finement of malicious say so and fix not exceeding If you do not find aforesaid, him guilty then you will year nor more than five not exceeding his punishment of not less but find him guilty in the penitentiary ment in jail for a period as charged ten years. in the indictment, confinement shooting, say so and fix in the penitentiary If you do not find as therein of malicious then you will year nor more tmn charged John D. Long, not guilty, him guilty then you will in jail not exceeding for a period him guilty of either of assault of the felonies and battery, as charged say so and fix his punishment not exceeding $500, or by both such fine twelve months, in by conor by a and imprisonment. �Commonw_ealth V John D. Long Charge to the Jury �et t.~ v jt, v-} /11 _j_ ~ The Court tells to b given the j;iry t0 to t are authori~e t· e peirties, re ult testi 1 f if t ~.is case, the ny ... t e s t' r::ony of seom to inf' r ch •.;itn , ntitl ss s a d tt.>. f d1f consiaer erer t r -ce per, under dtness t1 ir fe 11n-;, testifyin; tion; in determining t.te rel e is proved; ·~ 0- or w~ile d tho jury that, a in this tionship int 11 th iv rest, if or bits, if such cr~dit circumstanc case, of the witnesses th ir apnRrent to the weight any, in the eny ha.· intelli on ence, to th.ts s such witness i- ��INSTRUCTIONNO. The Court accused defendant ed against goes with to every that wealth they instructs is presumed him in this the accused stage thereof. cannot proves his find guilt k the jury to be innocent case and this throughout the accused of the crime unless the charg- of innocence trial further guilty '"- 4-e~ the law is that presumption the entire So the Court ry-,:1. that and applies tells the jury the Common- ~ ��(/3 ----- INSTRUCTION NO. The court oumatantial caution instructs evidence evidence, should be used. the time, conduct or such of these if any, must all in the application to the determination and vigilance etantial the jury that place, of the case, of oir- the utmost oases of oiroum- In all means, opportunity, motive and facts. as may be proved with other facts, pointeMii out the accused beyond all concur reasonable doubt as the guilty agent. sufficient where, assuming all to be true which the evidence tends to prove, some other reasonable is the actual exclusion mere circumstances indifferent which of several lishes only some definite probability there of the offense evidence, innocence, although his guilt for it Where the evidence theories is true, or estab- in favor of one theory, cannot amount to proof however great the probability Although the jury may believe case that be true, theory which invests with the force of truth. it be, theory may s,till of every reasonable leaves evidence Such evidence .is always in- there is a strong from the evidence probability they aannot reasonab·le still, of this if upon the whole theory consistent find the accused guilty; and this it may appear from the evidence are greater may that the aoeueed ie guilty charged in the indictment, is any other such than the probabilities that With his is true the probabilities of his innocence. - of �[ �TJ ��IN THE CIRCUIT COURTOF RuCKINGHAM COUNTY,VIRGINIA. IN THE WLA.TTER OF JOHN D. LONG, CONVICT. After able grounds and it investigation to doubt is ordered physicians, be, the Court the mentality and they are, hereby as they and report the condition to the Court time of their examination of commission of the offense of the jury, tory of his case with being insane quested to sit of the it said has reason- John D. Long, C. E. Conrad and J. L. Wright, that make such investigation verdict declares as provided opinion return with their in the investigation and said at A COPY. , Clerk. at the the time convicted by report a his- of one charged commission as convenient. to and proper of the defendant of which he stands or feebleminded; ATTESTE: ---------------- a commission may deem necessary and in their and shall as early appointed qualified is re- ��ly ,., , n?:r-t V) ._.._ t.., I 1, .~ .. , ~'"o~:r,.,"' L.: P To,m r,_urt r. T, :1_;, up o.: r.:.r>t 1 :.0:1. "::>1 ~9.n.'.. t:7 e__,to r1 0 m· r '-r, "~ fol o.~: 4 ... ...,)r:z'"ln__ r :'cr :nt ;:; ·.:.-1~o h..:.s ,..n. :'l av ..,~ r': .... ;-i,;:;, r ....cp ..., C' 1 • .:.nl r ::v _'1,L, .t- I _,., Ls -J. .:.s no fo:r y.__r,,._s '"' t ,... :: 'Ili "bove ~mm_; -'an ,. :n"e .1"..vl:-i-- nee ~n~ 0,., • t.: 't. :1( VG of .... h.:.~ c:.s. l'l:'.) ~ l , 3.ig t:n or t 1 psy o., c_1..:. so ..,'-' f'ift ":!t r :~ .., • •_d, :1 n, , '10 !,...,s~_:f.ic .. r'1 ) ~l l1 vl • O..:,_;_ .:._J.., ' L ,~_rpc"' · ·,,.1 j,uc,..t.:on...1,h r_,,,,·cn :.. t ~1is _ _._.:_~:; e. ]. ·,1 19. of U.11"or his .,s .... t he i('t 1• ts. cs~, tn.c':" of my uiu, ~ ad'lt:on t~ 8+ -~7 ing ru~s tl1is P-rLoJ of ..,.:.nL, _.-iro ·1c~ "· det . .:_-_· Jn of m.i.-::i ..oul~ r n'er ...r,1.,; ~u' 6.. t;.;n~ ..i.mpo<::"ib1e, nn' () --"'i ve ,'iJ n. Le":;; i- :n"'3.n nn1 ,,,_oJ.l' e; co 1..:..tte -'-,o ri i:r:::. i v �~ Ii \. �{l, ~·)) f J1U-~ (I" l:w.J Prisoners Reportof Rockingham CountyJail"it~ Month of .. .......... . ...............T· Male Pia Remale .. of Birth. Physical 1/ j .. .... .. Age . I( Condition Can Read?. . Date Comm;tt,<l ...................... ,nce~Smgle Foreign Born ..........Married .~ ···············?1- ...............or Drug Victim? ·i·~Occupation ...... .. . Held for Trial.. Fine ..................... . ....Divorcecl .............. . .......Time in U. S ........... Years ........... months ..................... Is Person a Drunkard? ......Write?. .... .. . . . ~~ ..2,~ .193 / . .... .. Held for Grand Jury .. State ...Sentence ...................... Years ..Costs ....................... Time in Jail .............. Months .. .................. Held for Penitentiary .. Held as Insane .................................................... Held for Other Authorities ...................... Behav;o,. •••••• •••••••••••••••••••• •••• Height ....................... Weight... ~~~~~!~;!;~ ::t,P:l:~:l::g, . . .. . .. Color of Eyes . .. .......... ... . Y#if / / cal~. of Hair ................. . T,eeth Marks ................................................................... Hand Marks ................. . Arm Marks ...................................................................... Face Marks ....................................................................... . Shoulder Marks ............................................................... Back Marks .................................................................... . Thigh Marks .................................................................... Knee Marks Calf of Leg Marks ............................................................ Foot Marks ................................................ . Fingers Off ........................................................................ Mole Marks Neck Marks ...................................................................... Breast Marks Left Arm Marks .............................................................. Right Arm Marks .................................................. Left Leg Marks ................................................................ Right Leg Marks Fine After Prisoner at Jail; Amount to State$ ...................... Amount to City$ ........................ . ............................. ............................................ Deputy and Jailer .............................................................................................. Sheriff . �-~- �COMMONWEALTH OF VIRGINIA INQUIRIES PATIENTS DEPARTMENT OF PUBLIC WELFARE POSTAGE RELATIVE MUST FOR REPLY ~nutqntt.atrru~tatr Jln.apital SUPERINTENDENT'S JOSEPH R. BLALOCK, SUPERINTENDENT OFFICE M. D. MARION, VA. June , l..,38. on. Lf. \.1. rertr8..~, J·.1d<..,--, C..'...1.··ct..i t Court of :,oc'rinb:1 1il Cou11. e.,, E rri son bu. _, ·ri ginia. I be[ to fubmit a r--Jort concerninb the. ent~l condition of John D. Lon who ~ar co~aitted to the ~epartme11.t fo Crimin~l In8ane ~t fouthwe tern St~te Ho~ it~ on Jul 1~, 1J~7, ~aving been convicted for a fe onJ. nccordin tot. e historJ this m&n began to have epile ~.t lR ..J.a"i~ested 1--:rconvulrio.1. G.bout J~O ~nd thefe CJnvul -.:. ns 1.::...ve co'1.t.inucd t t irr·e:;ular intP-rv.:;.ls u •... mtil t·1~ pre; en_. time. ~ - p& Lo_ t.i. dis~as, e~ileps, he h~r ~ mn chan-es in personal·t~ a 1 deteriorrtion. It if opin·on that t t·~ pres€nt ti~~ he is insant. R~s_.;>ectfull, ~Ii?-~ /j;s~J~ ~. JRB/c Iltl~c~, . D. f:..u er-intena.ert. TO CONTAIN ��JOSEPH R. BLALOCK. M. D. L. SUPERINTENDENT COMMONWEALTH STATE HOSPITAL OFFICE SOUTHWESTERN HUBBLE. BOARD OF STATE MARION, H. STEWARD OF VIRGINIA HOSPITAL VA. "November 23, 1941 Hon. ii. Y'lo Bertt'cm, Judge Circ it Court of Roc~l~gham County .darrisonbur 6 , Virginia John D. Lon rl·: 0 De~r Judge Bertran: At the re~uest of relcttives ~~d other parties, I am submittin~ the follo\i1: t.1e c:;.se of John D. Long together wit other statements &nd o.i1ions. lnt~~ested resume of 1 certain At ti1e June tP.rm, 1977, ')f the Circuit Court "'1 Rockinz~am CountJ, Jo~ D. Lonb ~~ indicted for a elo1J. At the ss=' term o: the Circuit Court he vas tried ~n~ ~oJnd 1ilty oa ~,i~ L~1icL~ent ("'1...... 1ici01..:is shoo~i_ -:) . His ~,U'1is :m nt [....f ~j_x,,_,d ~ t five ye_rs unj fi~ mont~2 in the PenitenLiary. Be~ore sente~ce w~r pa:~e1, the court 1~cl~rei l·e .son2,b1e ...,rounds to doubt t'·1e mentaJ_ity o: the 2aid John D. Lon and orderea .iF PXamin&ti, bJ a c ~m is2io~ o: t .. o uc.li!'ied 0·1 r, ici, '1S. The t\,o µ:1ysicic...1s er-- Hov:a.rd 1-il''Ilf ._ron_, .r.:.D. an:J J. L. V:ri__:ht, 1L D. .e-1.fter exe1.riination r1 c ,m lete i'1ve; ti :...ti0i1 these tvo 11.1.cici~ "' -~P ct~ed &:1 opinio:-i to the co □rt that John 0. ~0~_ "ir i1fan~ nn::.i. s'i:1011ld be CO'"'li itteJ. to a.::1 ~.,' 1m ~~or t. crir1,inc,. _ ins· nell. On t' ,e tc..sis of t' .L findinc.:; -.nd re_ort the court ordereci 11tnc1t the sG.id JohD D. Lon~ h", an:.. he i.s hereb,/ conr:ni-c;ted to the Deilartment 1or t1r Cri1inal Ins&ne in t1P Sout1~estern 8t~te Hof,_ital at ~&ri)~, Vi-sini&, th1r8 to ~e ~Pt s~ )rovidr i h ✓ 0 0 c le... .n ~on::,, l .. ruedJune ..,,-,, 7_J.7, Jo nD. \:c..::.o..::.~.ittea ~0 t e Cri i11a_ I c.cl _€ De)S.r-1-,._,,t o: the ,.o Jthv.e:=,t r 1 S"'c,.te ,.ios)ita.l c.t Ilarh. , Vit i"'ia 0n Jul ;:,,,f, l..,,';.7. ~iJ 11:..r b t:.. c ntiniJ0 1J~l., \.,, fincl in that D. 1:..rt~ent Fi ce tn~t d~te. 01tLif 01·-r~r 1 ��Hon. H. \,. Bertram November J8, lv41 -2- As the result of our cxamim ...ti.0·1s, continuou8 observation, and collecteu. 'listorJ, ve h:ive determined that John D. Lon 0 ~ been Jffering from conVJlsive diso-rder (epilepc:J) for a period of more t:'lan 2 years. It is our o~i1io1 that Mr. Lo"1g is fhoviing considerable intellectual deteri.ora.tion bees.use of repeated convoLc:ive seizuref. A JS chometric examinatlon done in April, 1940, sho ed him to have an intelligence cuotiP.'1.t of.~. This level of intel-ire1ce i. , ithin the re&lm of .-1ormal but it ls our opinio1. that at one time 1.:r. Lon__.had a higher i'1 tellec tu:::..- levP-' than t'1a t l:1J.i1,.;o.ted.. ie continues to have c:onvJlsive E"i::.i.zurr"", bot~ 1nild ~.n:1 ~eve ·e. Pr 2ceeding a.ncl f ollov~ in r4o seizure 1 ~~as. _rids o~ confusion o~ var ing duratio ana aegree. During perioi"" between convulc:ive seiZUt'':::S :...'1d th9lr L,.CCOID)8.TI' i 1g )he 10m , Mr. Long is ment~llJ c 1 ea~. In t~is HosJital he eets alo~g satisfactori:y and is able to live on one of the uieter wards of t~e Crimi'l.al Insane De.artment. Althou~h 4r. Long is still an e ileptic ~nd i. sho~ing fone intellectual deterioration, vre woula be vH: ling- to ·cslea:::e • .im on parole to the care and curtod o: his r1latives after bein~ as sured by them th~. t t .ey wo l.lld ~-ive him careful and adequate supervision in order :,o ,rP.vent 1im inJurin~ himse ! duri7g ~ convulsion, if VP ve~e m1 thorized to di) s,) bv tJ.:e court. \~e would prefer to leave his ~inal disc1arge rJm the order o~ commitment t.;o a further orue of the cou-rt. Very :ruly yours, J7:!f R.~~f!::!::~~ • uperintendent JEb:ME ���������.. ,, " ++ �6 ARREST WARRANT The Commonwealth of Virginia,} T o-w1•t R oc ki ng h am C ounty, To the Sheriff of Said County: Whereas, ______ ;r_._F_. _K_i_s_e_r _______________ made complaint and information on oath before me, Harry of said County, has this day Lee Bryan, Clerk T. J. or J.P. T. J:. Court of the said County,-tha:t.__,=J_o=hn==--=D'-'.:.__:L:::...o=ng=---------------------------of the said County, on the ___ unlawfully with against 2~3-=r----"d'---_day of and feloniously intent the to maim, peace shoot disfigure, and dignity , 1~..3.2_, in the said County, did.___ April one Lucy Kiser disable, of the These are therefore, in the name of the Commonwealth with or kill Commonwealth the a deadly said _ weapon, Lncy Kiser, of Virginia. of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said __________________ _ ;fohn D. Long __________________ to answer the said complaint and to be further dealt with according to law. 24th Given under my hand, this Memo. ef Commonwealth day of __ ~A~p=r=i=l __ _ Witnesses: Name Address RFD ,,. IIu .sso/. _____ -_"_·_- _-_-_-:...-:..-:..-:=_"':_":_":_-:_-:_ __ "_____ D.1/.,ttd,r,~cL __ D8'1__.,___J:_to_·~--=--e: ____ " ___ J. vl.f3a.. 2:2- Ie,_ J'~.i.e.. Jm;e.£m!['Tf V1•J!~l-flmmim-l £. F. I( I~~," If.eel n~r ,¼wf/y..rAel/ _ _ �STATE OF VI \ ~ I, . , in and fo11the County (T.J.orJ. of Virginia, do hereby certify that .. ~ L Commonwealt as his suretv O lt..!t f Virginia in the sum of ,verally waived their exjmption, .,a- · N , ~--9.,,, • : rd:ethis u-} - day acjmowledged ---. dollars of Rockingham,- State ~ JC./ and . LS:...,.. themselves ($ indebted /000~, to be made and levied of their goods and chattels, yet upon this condition: shall i]f'ear t?-Y< [.,, to the ) as to That the said before the Trial Justice Court of Rockingham County at £ -----,X,7':,t2.~d~~~dk...~.£-!ZJ~ __ , on the / day of _ __,c__:_--'='=~---• 19~, at//.· Ot!l t:?, o'cloc A. M., and not depart hence 1thout leave of said Court, and at such other time or t' es to which the proceedings may be continued or further heard, and before o.ny 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 recognizanc_e shall be null and void; otherwise to remain in full force and effect. Given under my hand this, the_-'-/_/ ____ _ ~1 ... (!) Jt ~ ~j .... I-< ;::j 0 u a; .u..., ..... rJ) ;::j ,-., ......... c'.l ~ .µ t ... ... 0 Cl ....... C1l i:: "§ ·;:::: u ~ «! .µ ~ C1l <IJ .:2 i:: .....·- -< ~v ....... -~ ..c +J"'O .E g u; :> C,!j 0 ::J ~ !' e ¼: ~,'}: rl \ C: -~. \11: Q: ~\ "1: ~: ~ ¼ : ~~~~~ <) ~: ,j' ,-~~ -~ ...c ..... ... ~ ~ u e.o v C <I) --+ .~ ·i "' f'fl C1l ><-ril ~ -~ ~ :l u i:: ½\.½ A C<,)('I l'- ~10 '"d '"d (1) i:: 8 0 :§ > C1l ""Cl '1) <I) 8 ~ l ~ ... ·- .-s ti1 0 .-s i:: en '---v--' ~ i:: 0 t::...o ... ... <I) u i:: '"O V, <I) z..... > .µ C1l ci ~ ..0 0 C1l 0 I >--... i:: ~, ...... \ C1l i i fF,- fF,- : ~ <;;$: VJ: l-t~l: : ~ ; fF,- ':Fr i fF,- V, ., Q) i:: µ:: .s ~ V, ....... ;:l ~ ~ ~ ....... .µ V, ti1 ~ OJ) Q) u i:: Q) ... u ~ -< V C1l ~ i:: .µ Q) Q) I-'< ·a 0 s fF,- ~ OJ ~v i:.r.. Q) -~ ..... V V, -~ Q) .µ ::, ) i:.r.. V, ....... ::, e.o <J) ~- ~ ':Fr tA- V, V, V V i:.r.. 0: i:: "'C1l V, Q) ""Cl i:: V, 13 .......\ C1l Q) \ ~ i:: >0 Q) 8 i:: V, Q) Q) 8 b i:.r.. 8::, B 0 ~ ....... -~ Cf) ~~ u-:i:: ....... Q) ·- .µ <)\ ,~ q'-'?JVJ ~ -\ c-- �~·"~~·½ ju~ ~ /I o ·d-e./( Jjlij:Jl - : I /, tF. /~\ 1?,,.. l J .[, 4, . J' I I' 7, ?~ I 'l I 8, (f.t.A,-.; -__. /~ ~-.lJ,"~ . I ' /1 .$"6 /-l (/ ►1 y ,,,.... .S6 .,, '..... -r (i S'6 <~ /. l 1----r I I s (J g' ,ro - ��.I �• 92 99 �Witness Sub oena Commonwealth 18 of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: to appear before the Trial Justice Court of said County, in s,id County, on /1 dayof=~~ of that day to give evidence in behalf of _ in the pending case of ~J}z sitting at ~~ .,194,a~rnf _.,,{L....,~..,_~-#---"'~~LlJ-~..,.....f. .... ~~_.._...~~--t----------------- ~ 1 ~- //:{)Dam, �1 ... .. I < .. ., .£ I I "' < ;; \ ~ \ &wwwb@flfl/4 •' : 1 : L. I ~ rn -.:, (1' ~ ~ .--: !""" "=> ~ 'l i ' I ~ I l v. } Witness Subpoena I 'i I i ' ~ !)L il''7 Q~ w 7 1o/ ~ ' ! 'I Doclcet No. / '\ 0 ' Trial Justice Court ' ")' " ' ~~ ~'~~ �to appear before the Judge of the Circuit Court of Roe -~,ty, at 9:30 o'clock, a. m., on the ... J::/.~_day of ........... .......................................... d,y of Sllll.VlC ■ ••••••••"'1:l?/19} P&ESS• HAl\alSONIUl\G 1 J.7 < And have then and there this Writ.,d- OBERT SWITZER, Clerk of our said Court, at the Court House, the . 1,•nd fo th,f~/~(f~°'"Wom,,'.lth /J THE 19 a felony 111i-sdem'f!ifn<ir. And this you shall not omit 1111derpenalty of £100. Witness, ]. :.·..... ..... ... ~U~~ to t"tify and th, '.~'.h ':o ,,y~:•'.~=~;?"~'.':'~??;RAND who stands charged with at the Court House thereof, YA. .//k............. .. ' Cf,,k �- �to appear before the Judge of the Circuit Court of Rockingham. C~e at 9:30 o'clock, a. 111., on the .......r./ ....k.hay of......................... ................................................. 19 to testify and the truth to say in beh~o~nw~ ..................................................... fk. ................................. ......... :.7············· ..................................... .............................................................. misdemeanor. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of ou-r said Court, at the Court House, the .../.t.d day of. .......J~.M .......19...,.7,and , THE SEJI.VICB PllSS, in the./.(/?/..:~'JYf ....~~~.~lerk HAJI.USONBUJ.G, l'A, !.-_/, bf/ore the GRAND JURY ..................... . .............................................................................................................. who stands charged with a f~ Court House thereof, ' :he Commonweal):). . . . �1"~,rtinCltni,c "V ~ ueuat plac'!I of abodel'?t14: hhs family I"' {~LA/~~ IYV l , n- .,,.,~ -7 '~o"e\ng a memb&r of abov& the age of t 6 years, and , <r.:>l~ning the pun,ort thor~t)f ~ ~~ ~ •n ner, ~ ~gke_( ~ t' :i ~ CQ ~ }118 US~il'J. '- c-~ J U( ... ~~~ J , ,..,,, " r[; ~- ~~ 0·1, Ufq')lM -:u ,~'1 ()l.,., "'I·~ \ '-""'I ?.-('./. ~ I ,~.r') .~;} <-,1 / Oy_·'J C ;,J'Jn:,ox"F j/ �In the Name of the Commonwealth of Virginia: To the Sheriff You are hereb)) commanded to summon.......~: to appear before the Judge of the at 9 :30 of Rockingham County, Greeting: ~ £ ...... ... 11:..: ... .. -······························· ..................................... 'jl,2!!,. Court of Rockingham Count)), at the Court House thereof, 6 da))•of.···················z;······'·····'···~·j?'························································· t~ ~ on the.................. 19.2 ...7 . o clock, a. m., <o t~tif>: ond th,. tmth. to '"";#!'2Pffl of o ....::;;; ..•- • __ _ • who stands charged with and indicted for a felon)) ~ And this )Jou shall ,not omit under penalt)) of £100. Witness, da)) of J. ROBERT SWITZER, "Jr4 Massanetta Paper Co. Print J9i.Z And ha'11ethen and there this Writ. Clerk of our said Court, at the Court House, the......~.... ond in thj~~ Cfo,l FORM NO. 457 �Executed July 3rd I937 by delivering a true oopy of the within 0 ~ummons to Mrs.R.W.Howdyshell and 0 am Groggs ea n1n person. ---------------------Deputy for J.W.Bazzle,s.R.C. Not finding Dr.Foster at his usual place of abode nor any member of his family upon :ahome service could executed July 3rd 1937 by p~sttngiaga$rue copy of the within summons upon the front door of his usual plaee of abode and leaveing same posted there -~-~-------------Deputy ~ ~ ~ J·'~~ for J.W.Bazzle,S.R.C. "' ~ ~ ~~~ "-- ~ " �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: /' ~...4 .... i:....~ ....k.~... ~.... r····••'-k~ y OU are hereby commanded to summon....._2... :: :;~' .:;~:: '.h, ...tc--/ :.:d:: :Lti'.£~;"'' of~oc·=~:oi;•··~: :,tz al th,~ou,t~o=, I lo testify and the truth to say in behalf of the Common ealth against .............................................................................. . ·················································•·····························_L~.11..1 ........... ~ 60-- KT ... ·················································· who stands charged with and indicted for a felony ffl-isd-errreanor. And this you shall not omit under penalty of £100. SWITZER, Cle,!, af ou, ,aid Cou,t, al th, Courl Hou,e, th,......:2:-j.:!:L WitoeM, J,tOBERT of • Massanetta did Paper And have then and there this Writ. • Co. Print r,,.z!r 2'~ 19 J:J.. aod io th,. I ~"'F.::~ealth .../l,,,..,.--............................... ........... ............. ..... f--- ..., Clerk FORM NO. 457 ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You a,e hmb, commandedlo '"mmm•·-~-~---~---[~.,;:- ~) ~::-:::;;,~~ :::;~"' ..~;~:~: :he :.:d: :LZ ~~;u•~• ~•: ~•;1;'.'.'h,:~;.u•~;•, ,'::::•:; '°' ..•~.b•b•II ..•! t)'"__ n,r,,.,,,.,;, . ·············-·························· fat,:;:;:~•:; l~:;:.;h ...agam'.L •••••••••••••••••• ...·····································•···•·----····················-·························---·····•·············-·············-······························-····························· who stands charged with and indicted for a f elon}pnisdememror. And this })ou shall not omit under penal/}) of £ I 00. d,, And have then and there this Wr~ =;,•=; ~:t;~~~ s~:}t:.~1'.:k ,:~ Massanetta Paper Co. Print ::•,~,•~::::::?: FORM NO. 5 �Executed July 3rd I93? by delivering a true copy of the within summons to Mrs. Lucy Kiser,Virgil Hummel,and Ed curryand Delivering to each$I.50 for Cb ft.');1g>,\ldenqe, ; ~ J - J ~ J ➔J ~J ~ ~ ~ J}~i~ n,~ usual J)laoe of al.?odo c: ' r , - ~ - -hie famUyabovo the age of 16 ;ears, and expl to her, - ........ - - ., , \.I t ~ �SOUTHWESTERN STATE MARION, HOSPITAL VA. Hon. H. ~- Bertram, Jude Circuit Co.Jrt of Roe dn ha:.G Harrisonbur~, Vir-inia ��AFTER FIVE DAYS RETURN ATTORNEYS ANO COUNSELORS-AT·LAW f'tOOMS FIRST 20-4•205 NATIONAL HARRISONBURG, J TO & HAMMER HAMMER BANK BUILDING VA. ���/ / �After 5 days, return to DRAWER 670, MARION, VA. C.) S=> 0 Cl) ~ ~ 60 ~ ..c ~ C ]!t § 0 E aS ..c: bD C :i2 0 C!D 0 "'C t.&.... cc Hon. H.. Bertram, Jud~8, Circuit Court of Roc~in ham Co mty, Harrisonburg, Va. 1 0 �-- �TRIAL JUSTICE COURT ~ d.bt.1AM DOCKET NO. tfn.-u.tia.ltt, /77f �� 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 John D. Long Subject The topic of the resource Felony Assalt Description An account of the resource Defendant charged with felony 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 1937 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_013_012 Long https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_001_commonwealth-v-john-e-morris.pdf c283cf480df0d2f1c90d2b7153801434 PDF Text Text COMiiONWEALTH OF VIRGINI~ COUNTYOF ROCKINGJ:IP..M, to-wit: In the Circu~t Court of Rockingham County, The Grand Jurors that Court of the said County, John E. Morris, County of Rockingham, murder one Betty Term, 1960 of the Commonwealth of Virginia, for the body of the County of Rockingham, Circuit October on the Lou Neff, now attendin8 upon the.ir oaths 2l~th day of August, Virginia, ~eloniously against in and the present 19~ '-', ::.n the did kill and the peace and dignity of the Commom1ealth of Virginia. Upon the evidence Peggy Johnson, Grand Jury witnesses of Allan Norvelle, Bobby Lee Neff and sworn in open court to give evidence. and sent to the �' murder COMMONWEALTH v:· JOHN E. MORRIS A TRUEBILL - ..C.. ~ F",,..1~' c- I,! / 0 lo ~ Forer1a1' ~ \ Attorney 1.,. W i ~ ' (f!JJ~ ,. R. Sipe Commonwealth's James �---------------- -"--- ------------- ... '1 ?; ~_____w/ f :n~/m~7 ,o➔ ~ ;!~ ~ ~~1~~~ 'Tc1 c}~ zk / j 6 t1 i rJ)~dvz/ ~~ ;zLu JJ7~ ~ J,q,vrf~ ~ ~LJ~ ~~~ 1~~/'~~~ Ii f;;l~d 11 ~~ dv /1~~1 ~ �ti . j' I t I I r I: I I i I �VIRGINIA: In the Circuit November 18, 1960. Court of Rockingham County, on Commonwealth On an indictment v. for felony (murder) John E. Morris This wealth, day came again and the accused, of the sheriff of this the attorney John E. Morris, county sworn for ment; in, the trial and having having into verdict, guilty penitentiary for Thereupon, clare was allowed, by counsel, should the verdict in delay life. if excepted anything of the jury, that as charged foreman improper And it in the in the of jury." to de- testimony overruled,and thereto. sentence said being ac- inquired on him in accordance and nothing commonwealth recover of the Penitentiary John E. moved the court court therefore to this it "November 18, he had or knew to say why the not pronounce thereof, degree room to came again by confinement by counsel, the and heard the accused, Oren M. Knott, is incident State punishment here- to their verdict: find upon the ground court some time they in the first which motion of the accused court life. the accused, a mistrial cused, his jury, and to adjourn- retired the following of murder and fix jurors John T. of the evidence of the and after and returned indictment, the the custody impanelled came pursuant the instructions We, members of the Morris, case attorneys, jury the hearing of counsel, their court 1960. completed received the a~guement consider of this and the the common- came in the and by his Camblos and Lewis A. Martin; for prosecution, at hard considered said and that labor being for offered with or alleged by the John E. Morris he be confined the term of his court that the costs in the natural �"---./ �And he is remanded to the custody to jail until of an officer he can be delivered of the State to be removed and conveyed. to the public tentiary house and kept imprisoned by law for A C OP Atteste~~ of this commonwealth, and treated Penitentiary, jail therein and penito beheld in the manner directed the term aforesaid.. Y ~ ~ <:;::;. in- Deputy Clerk. �r ) ) ����-1.~.J~:~~•'>}' t • '"-"'641',< • ('t,,, -~~~ •. ���December 4, 1963 Mrs. William Powell Stanardsville, Virginia Re: Commonwealth v. John E. MQrris Dear Mrs. Powell: A certified copy of the proceedings in the above case, about which you inquired, will be 10.00. would include the warrant of arrest, indictment, orders of the court, and the instructions to the It would not include a transcript of the evidence the reason that no such transcript was made. named This all jury. for Yours very truly, George W. Kemper, Clerk G' . :mb _fa ) �lie JO ~llli:' - . e'l! . lnl 0 ~1V, ·Illv ' nrlo t . d.:tl.sownorn : lI bam rs: vod lrl, ,,eij nl Iln «jn rJnlbnl -~~~t a .d:b .00.01~ ed Illw e . b ,XIU'Ij ~ ,jes~'I lo j c., X'ISV jc:_ •. -;:, rt '"!j rl~lrl nc~~£w rlj bn£ o ,~~ rl.:t 1o .1q.i:"I::>c.n..G'I3' wo'I • ~ e on 3uo~ n[ont r j buLoal: IJ • 'I rqoo bel"'':l 'lo c arl3 o· anolj~u'l'. enl, 'Io· ... o nsb ~ b'IB j j rfj . o B'IUOY IO • 'Ieqm • •W e 'Io 0 'I dm:/ .D I \ �January Jl, 1964 Mrs. William Powell Stanardsville, Virginia Re: Commonwealth v. John E. Morris Dear Mrs. Powell: Your letter of January 24, 1964, enclosing money order for 10.00 was received, and in compliance therewith, I am sending you herewith a copy of the proceedings in the above named case, which includes the warrant of arrest, indictment, all orders of the court therein, and the instructions to the jury. Yours very truly, George GWK:mb Encs. . Kemper, Clerk �...., ll .ru:iot . :.L[ w 'XO ! CI n j l: ' t 'I £0 l C a 9 oJ:. OU"! .[ j C "1 "{ . -:r.i10Y "IO .e �) ( to -wit; ) COM}'ONWEALTHOF VIRGIN:1r CITY OF RICHMOND rn :'HE CIRCUIT COURT CF ROCKINGHAMCUUNTY HARRrnCNBURGVIffiINI_A ___ _ . . .. . ... ..• co,~?'0 'WEALTH OF VIRGINIA •••••• VS. ( FIRST DEGREE ~URDER 1 . INDIC'IMENT. JOHN E. MORRIS. • • • • • •••• • • 500 SPRING STREET1 RICHMOND VIRGINIA AN AFFIDAVIT • • • • • • • PLAINTIFF 1. COUNT • • .DEFENDANT 0 OF POVERTY AND LED-AL REi.l,JEST TO THE HONORABLE PRESIDING JUffiE: THIS IS TO CERTIFY THAT JOHN E. MORRIS APPEARED BEFORF.:mi. A NOTARY PUBLIC, AN THE UNDERSIGNED PARTY PERSONALLY IN AND FOR THE CITY AND STATE AFORESAID BEING DULY SWORNAOCORDI G TO LAW,. DEPOSES AND SAYS THAT HE IS WITHOUT FUNDS, A PAUPER, AND THAT HE IS UNABLE TO PROCURETHE AMOUNTOF MONEYNECESSARY TO DEFRAY OF 1960. HE COST OF CERTAIN COURT RECORDS, RELATIVE TO HIS CASE INNOVEMBER IN THIS COURT: AND THAT THEREFORE BECAUSE OF HIS POVERTY,AND BEING ,HTHOUT COLLATERAL, WHILE COOSIDERING THE FACT THAT HE O~ES GOOD FAITH, IN OONA FIDE, HE PRAYS THAT THIS COURT WILL RULE ACCORDING TO SECTION 14-180 IN OF s THE CODE OF VIfUINIA, 8-500 AND 14-1290 ALSO SEE VA CODES AND FUR-TISH HIM WITHOUT COST CERTIFIED ARRESTING WARRANTOF HIS CASE, (B) ORDER OF HIS CASE, AND (D) ON THIS -- 19-262. 8-481 8-482 8-497.1. DAY OF ----- 8-499 COPIES OF ( A) THE THE INDIC'IMENT OF HIS CASE, (C) THE COURT A NARRATIVE STATEMENT OF THE TRIAL, I HAVE MAILED A TRUE COPY OF THIS AFFIDAVIT TO THE OFFICE OF THE ATTORNEY GENERAL OF VIRHNIA. ON THIS ~ // PENI TENTI ARY, t, 196,, THE SAID JOHN E. MORRIS. HAS VIFGINIA. RESPECTFULLY RE(JJESTED, a~ ( ~,r,,i,c ◄ jl AFFIANT SUBSCRIBED AIID S' 0 TO BEFORE ME, ~ PUBLIC IN AND FOR THE CITY ANJDSTATE AFORESID,~VEN AND SEAL ON THIS /( DAY OF ~,196,. 19° ✓ . A NOTARY UNDER MY HAND my COMMISSIOO EXPIRES �u t r I 1 - ... V �t,...-./ C mN E LTfi 011'V!fllllHA n· HE SUPR. !E COURTOF APPEALS RICt JO' • ~ •• ,ORf-13 • • • 500 pring Jtreet R1ehmond.Virgin1. vs. T:~ ~ rt0v1T CCUR? • • P.arrieon Vi in1a. T THE • •o• ·rm JNIA • • • • • • • • • • • • • ♦ :.10RABLE JUSTICES OF Tiffi SUPRBlE COU . OF • PEALS, 'I'Hl:.ClRC 17 'l'H,W Gl:U!ti' 0-' 'i'Hf. IT I AIL .a..D 18 DAY F CV B ,R THIS h'ONORABLtCOUR!' f' ,R HElJ' l.N THIS I C URT ,:r HARJU -mu •I HE DEFb,;; D T ..,_ ..,..... A1TtR. 0 L AL RE • ts'l' TO TB£ :VE FILED YIT EV AN ER TH. Af.'FlDAV!'!' 0 LIDAL RE:J.JE6T.,IT IS FOR T INTO T I!.. H ORAB CWRT FOR , ORDE TO BE ISWED.F TUE C OOUI'.1.uCUH'/ OF UAR.iU~ BU l JOII .<... BUIG 196 , roR TllE FOU..OThG i-r~ SCN• TllAT l JOlli t::. ~ n Vl ~:u l FOR Ot 0 S RE.A T S C UR'l' Dl RECTE.D 1D E. .ORRIS, HAVEON Tffl D GlTYOP RICI",C~D lr E OF VIIGIMIA SUBOORlBED .AND THE CITY D Y 0~' om TO BEFORE E ------- A OTARYPU LIC.,1 D. D "'EAL • THIS O !JrAT AFOR D "'!VE& UND R Y BAND 1 0 .JC roa �\ �COMMONWEALTH V. MORRIS CHARGE TO JURY If you find as charged the accused, in the indictment, with malice aforethought, and premeditated, first degree and that and that you will indictment, thought, degree, him guilty and that but that meditated, of murder in the at death, or by confinement or for any term not less of murder, it was not willful, find than than five malice on reasonable him guilty at confinement than five provocation, of voluntary in the penitentiary/ years. but that actual manslaughter degree, he killed or implied, or in mutual in the penitentiary Betty Lou upon sudden combat, you will and fix his punishment for not less than one nor more years. If you find him not guilty of murder in the first nor of murder in the second degree, but find and pre- of murder in the first aforethought, afore- of murder in the second nor more than twenty nor of murder in the second degree, Neff without with malice at confinement him not guilty in the deliberate him guilty and fix his punishment If you find as charged the same was committed then you. will for not less find deliberate years. If you. find heat, of murder, the murder was committed find him guilty for life, guilty it was willful, and fix his punishment in the penitentiary twenty John Eo Morris, him guilty of involuntary and fix his punishment nor of voluntary manslaughter, at confinement degree, manslaughter, you will in the penitentiary say so for not / ��less than one nor more than five by a fine of not exceeding ment in jail not exceeding years, or, in your discretion, one thou.sand dollars, one year, or by confine- or by both such fine and imprisonment. If you. find him not guilty, you will say so and no more. �\ �COMMONWEALTH v. MORRIS INSTRUCTION The Court instructs malice the jury is presumed from the fact is proved, if unaccompained the burden of disproving that I on a charge of murder, of killing. with circumstances malice When the killing of extenuation, is thrown upon the accused. �C • �COMMONWEALTH v. MORRIS INSTRUCTION~ The Court instructs deliberate and premeditated the intention to kill of time prior ,fl, e ~ the jury ~.I' e.. de killing, should to the actual r/'tT,->t that to constitute it exist a willful, is not necessary for any particular killing; it length is only necessarY, t:l'n ✓ _,,Pr~,ne.. «", ./4.~o...., eome into eJdstenee for the /u5e,-,,-h ~,,., 'S'ljCA intoatiOQ should have 8 <ice ..c:c. ► 1t::1 ?' 4 tiroe at the ti.me of such killing, that ~ first that 4-.. 1 e. a fnJ ,;,11v·c f' I ye,,, j'! /tze Ua-I hk -,t 1rn-e. -I-~l?'U.- y ;° )'e VI~ ,'-,, C(,C Cq,/'e, f ~I ~ <:.<.../'7. er at ry' M'l' /2 time previously. ,/2,,,~ / '-'"/.J, ✓ e..... /_//,,,; '; ,r;?/' 0 / "'.,, f ��COMMONWEALTH v. MORRIS INSTRUCTIONr The Court instructs in Virginia In order the jury that every unlawful homicide is presumed in law to be murder in the second degree. to elevate the burden of proof the offense to murder in the first is on the Commonwealthl' degree, ~ ��COMMONWEALTH v. a: MORRIS INSTRUCTION The Court instructs degree is any willful, of one human being the jury deliberate that murder in the first and premeditated with maliceo wt11{.i.l Murder in the second degree is theAkilling being by another and premeditation. killing by another with malice, but without of one human any deliberation ��COMMONWEALTH v. MORRIS 1 INSTRUCTION The Court instructs deadly that weapon which he had previously possession, shot and killed upon very slight have been willful, burden the jury rests provocation, deliberate Betty if Morris, taken into Lou Neff, such killing with a his without any or is presumed and premeditated, to and the upon Morri~ .ii$."'balM1'Qf~ to remove or rebut such presumption)"~ -l/4e .er, ~r-~" r /Ju cL'e,n,C,,<_/ -/Ju: Q. CVC<. /J. OQm ~~~ h1-d'/l w~111/ltr ��I COMMONWEALTH v. MORRIS INSTRUCTION' The Court instructs degree is any willful, of one human being the jury deliberate by another deliberation by another and premeditated is the willful with malice, and premeditation. murder in the first killing with malice. Murder in the second degree one human being that killing but without any of �• ( ( .· �COMMONWEALTH v. MORRIS Lf-- INSTRUCTION The Court instructs "malicious", the jury as applied definition of murder, is used in a technical express or implied. hatred but every unlawful an action done with an evil circumstances regardless It includes as carry in them the done without or implied reasonable The Court further necessary length that motive. attended malice Malice plain provocation instructs shall indication of a heart bent on harm. without just Malice cause or excuse. and cruel act or excuse. the jury have existed or at any previous motive, with such from any deliberate of time and it may first of the killing not only anger and duty and deliberately means a wrong act done intentionally It may be inferred It may be from any wicked and corrupt mind and purpose, or and used in the sense. and unjustifiable flowing of social the word umalice" to the law of homicide either denotes that come into time. that it is not for any particular existence at the time ��The Court to be murder instructs in the second able doubt all of the elements the first degree degree~ the jury that every and the burden necessary is upon the Commonwealth. to elevate homicide is presumed of proving beyond a reason- the crime to murder in ��COMMONWEALTH v. MORRIS ::s INSTRUCTION The Court the element like the jury of deliberation any other evidence instructs fact, in a case of homicide, or premeditation by either or by a combination that direct of both. may be proved or circumstantial �,, �COMMONWEALTH v. MORRIS ,2; INSTRUCTION The Court instructs willful, necessary deliberate that particular length that and premeditated the intention is only necessary premeditation the jury to kill of time prior that there killing, it should exist to the actual to his purpose or at any time previously. a is not for any killing; was some deliberation given by the accused time of the killing to constitute it and at the �) �COMMONWEALTH v. MORRIS INSTRUCT ION The Court instructs deadly that weapon which he had previously possession, shot and killed upon very slight have been willful, burden the jury rests provocation, deliberate upon Morris from the evidence for the accused. heard, Betty 1 if Morris, taken Lou Neff, such killing his without any or is presumed to and premeditated, to remove or rebut that into with a and the such presumption for the Commonwealth as well as �• �COMMONWEALTH v. MORRIS INSTRUCTION The Court instructs intend that necessary the jury that 0 a man is taken which he does or which is the immediate consequences of his acto or to ��The court the first degree the evidence any reasonable doubt, of the deceased by malice, killing instructs must of the accused; in other must have distinctly understood had willed, her some and deliberated, serious bodily serious And if there at the time injury, they ought not to find him guilty prove, bodily injury, be a reasonable beyond of heart; and intended but such act on the the prisoner to do; he must that he would kill the probable result doubt whether to kill the deceased, which would probably occasion of murder degree. in the first in to the killing of the killing and premeditated and premeditated murder and premeditated what he willed and deliberated, of which would be death. wickedness deliberate, words, or do her some and distinctly was not only incited and desperate part the deceased, clearly that the accused must have been a willful, have also reflected, the jury that to constitute he or do her death, �V �1 The court speak of a presumption the deceased that the killing weapon such presumption was willful, shown no circumstance deliberate the jury that where which is raised by use of a deadly into his possession, evidence instructs or circumstances and premeditated tending of the accused only to supply and premeditated tending killing to prove taken evidence where there to the contrary. to show that the killing are shown, instructions which he had previously is meant deliberate or evidence by reason these is If was not willful, then no such presumption exists. �.. ~ r -r j I ::. L ::: r:::; L �/6 COMMONWEALTH v. MORRIS tJ INSTRUCTION/ In considering burden whether of proving the guilt the Court instructs "reasonable" nor its doubt, guilty of the accused the jury that meaningo is founded on reason, possible or not the Commonwealth has met its you. should A reasonable and is not to be confused imaginable, conceivable In passing upon the sufficiency jury must limit its trial of this consideration case, including to be drawn therefromo doubt, not overlook or possible doubt. of the charge, presented and reasonable cannot or a man must be proved to the evidence The jury the word with imaginable of the proof the natural doubt, doubt is a doubt which for the law does not say that beyond every create beyond reasonable at the inferences go beyond such evidence nor can you go beyond such evidence the to find to inferences of guilt. Furthermore, from lack proof the jury of evidence, to the proof doubt concerning If, evidence, prevent accused, If, after fact, of the accused and non-essential a reasonable and honest your minds are left you from reaching testimony of all conviction of the truth reasonable after the evidence belief doubt. of the charge, and not a mere of all of the of doubt as to of the guilt to meet its an impartial in the case, fact circumstanceso in such a state a convinced hand, or from questionable consideration then the Commonwealth has failed on the other any doubt arising should be a doubt of a material of the guilt immaterial sideration all in mind that from conflicting of any particular essential should bear of the burdeno and reasonable con- you have an abiding you. are then satisfied beyond ��The court criminal minds in the conclusion after and after sonable is guilty. having with respect Therefore, duly considered consultation guilt simply because with respect of crime if any individual member all of the evidence the balance should to such degree. of which of the entertain as to such degree of the jury entertain of twelve in this case, of the guilt of the accused, his own convictions of a a concurrence to the degree with his fellow-jurors, doubt as to the degree duty not to surrender victions the jury that upon the trial case by a jury the law contemplates the accused jury, instructs area- it is his of the different con- �I , l r.:. 1 - ._,.::} . -.,-1 ' ,\, ..... 1 I ,...... .- _J 1 ::::r -· j. �The Court instructs prove beyond reasonable and if the jury homicide, that is, murder, and find degree. believes the accused the accused then they must resolve him guilty that doubt every element but have reasonable whether the jury the Commonwealth must of the crime charged, to be guilty of an unlawful doubt as to the grade of the offense, is guilty of first or second degree the doubt in favor of the lower grade, of the accused or murder in the second �.I 'I , I �COMMONWEALTH v. MORRIS INSTRUCTION_f The Cou.rt instructs witnesses is a question the appearance testifying, testimony, the jury exclusively of the witnesses the reasonableness their that for the ju.ry; on the stand, and from their and consistency manner of of their apparent or lack of intelligence, the opportunity of the witnesses to know whereof they speak, the relationship witnesses to the parties, in the result surrounding if any, the interest of the trial, circumstanc~s has the right candor and fairness, of their intelligence apparent the credibility if any appear, appearing to determine which witnesses of credit and what is the relative testimony and to give credit weight accordingly. of the witness and from all on the trial, of the other the ju.ry are more worthy of any su.ch �- . ) �VIRGINIA: In the Circuit October 17, 1960. Court of Rockingham County, on Commonwealth v. On an indictment charging felony (murder) John E. Morris This and the accused, the sheriff day came the attorney John E. Morris, of this county, for came in the and also by his John T. Gambles and Lewis A. Martin, ville, Virginia. And thereupon, ed on the indictment guilty; and this November next, A and said set for accused Jr., said and in person case is the commonwealth, of attorneys, of Charlottes- accused tendered trial custody was arraigna plea of not on the 17th day of was remanded C O PY Deputy Clerk. to jail. ��Comp. Form 18-A l ST A TE OF VIRGINIA ~ OF _Harr __ i_s_onb_u_r~g~------ No, ______ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: W.M.N0 rvelle Whereas, has this day made complaint and information on oath before me, -------------------- Justice of The Peace ____________________ (Tide) J0 hn G. Leake (Name) City of the said Gamnty, tha._________________ J hn E. Morris 0 __________________________ 24th did on the _____ kill August day of______________ ar:d murder Betty I~eff, ~ainst _ R>ckingham in t!meaid County 60 : Unlawfully ___________ and feloniousq th the p:, ace and dignity of the Commonweal , 19__ _ J of Virginia a-~,4-> ·"'"''' These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham County Court of t~ County, the l.Jody ~ies) 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 4_t_h __ day of____ A.,....ug-=-ll __s-:t:c--------,,,---- U ~of 2~ Issuing Officer) JUSTICEOF THEPEACE 19~ (Seal) I �STATE OF VIRGINIA-COUNTY OF a Judge of the County Court Justice of the Peace I, m and for the County aforesaid, State of Virginia, do certify that as his suret and--------------------------~ to have this day each acknowledged themselves indebted Dollars the Commonwealth 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 be rendered, yet upon this condition: That the said ---------------------, of ________________________ Circuit shall appear before the County, on the -------- Court County day of ----------------, at ______ M., at . :Virginia, and at. any _time or ti_mes t<? which or further heard, and before any court thereafter havmg or holdmg any proceedmgs m connecuon 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; 19__ , the pr~ceedings may be continued charge m this warrant to answer obligation to remain i~ full force and upon further condition that the said shall keep the peace and be of good behavior for a period o from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. days 19__ day of Given under my hand, this Judge. J. P. r• C/.l ~ ,§ (") £ ~ r;: ~ (D ~-i. CJ ~ ~ ~ 0-,.(D .('.L 0 ~ £ " 0 g_ (") £ r;: 0 'i ll> ~ a c+ B B 0 p I: ~ & ~ 8 8 ::, s· 1s ~ ~ °" (b ., ~ ::, s ,., C 0... " ~ ~ " .,., " "., ::, (") .., ";,,- ~ .,~ °" ~ § t:P E: 1 e:. • 0 ~ > ~ ~ " B 5· ., 5· p 'i ~~ HJ Ill 0 s:: 'i C/J (1) 1:.! ~ ::r, ::, 0... g. " 9 ~ 0 z ~ > I w ,.... ..., (.,, :i:: -{. ~ ~ (I) \0 l ., 0... .. ... '< 0 C 0... 0... '< 0 ~::, e:. ..i ,c ::;· ~ .., F __;;· ~ ~ ,r ., .., .., °" °" 5· 5· "e: 0- 0 0... ..., z f-'• ,..... " 8' ., ., 0 ~ tr! 0 ~ 0 ., 0... ('\ . ::, ef .,., z..., ::r'~ ::s ~ t:z:IV,..., c+ ti 0 (") c:....,., 0 > ::s ::r' ~I-' g n, [&"~ c:...~ ~ s:: CJ' () (D HJ -; Cl) 'i 'i (D 0 p, CJ' 0 '-< Cl) \.;J ~ B B 0 1-'•0Q g,'t) ::r' p., ... c+-I-'· !:l Cl) ~ V, (D ~ C<:~- p. "'~ 5· (D 0 'i • -~ ..,. ~ .,., ..., p., ::r' ~ g. I-'§ \Q ---- 0... g. fr CJ' ::s < !" (b p " >< "., ~ ~ • " 8 r. C: "--g c+ ::r' ...~ ~ f'-~ ..\l CJ' (D (D ::r' (D 'i ..t;· ~ 1,.) ' ... ::s (D HJ tr! >< C g. t, 0 I-'· 0 p., 8 ., ,., ,., C<:::s (D tC\. C°' c+::r' (D ~ !:l ~~ '...... t cl· c+ (D 0 l3 I-'· tr <: .,.,~ g_ to " ~ "g. " " ..., '< ::r n, (") 0 V, ..., V, cs:: go 0 ::, C Cl ..i :;· & " ... ..,, 8C (") 0 ~ ~ C) ~ ~ ~ -:---.. ~ ~\ C ;:: ~ 0 \) 0 .... r f;l C ::, 9 g_ 0 I: s· °" I: ;· ~ a I: n, .., n, ., ,., "0 ::, °" ;:;· "0... �--- Of"f"ICE Of" THE ATTORNEY GENERAL RICHMOND February 29, 1968 Honorable Hamilton Haas, Judge Twenty-fifth Judicial Circuit Harrisonburg, Virginia Re: John E. Morris v. c. C. Peyton Civil Action No. 68-C-l-H Dear Judge Haas: The captioned matter is now pending in the United States District Court inHarrisonbur Virginia. This is a sequel to the state habeas corpus proceeding brought by the same inmate, which was heard in your Court. I am in receipt of an order signed by the District Judge in which he requests that the record, including the transcript of the state habeas corpus proceeding, be made available to him in order that he may examine the same and determine whether or not it will be necessary to grant this· petitioner a plenary hearing. This is necessary in view of the recent decisions of the Supreme Court of the United States. I have therefore prepared and am enclosing a draft of an order, which I respectfully request the Court to enter, directing the Clerk to mail the record in this proceeding by registered mail to the Clerk of the United States District Court, Post Office Building,Harrisonburg Virginia. I have received written assurances from the District Judge that the state court record will be carefully kept and preserved and will be returned to your Clerk when the federal habeas corpus proceeding is concluded. ��Page 2 record Please ask your Clerk to notify me when the is forwarded to the United States District Court. Your cooperation in this matter is appreciated. Sincerely yours, verton . Assistant Attorney OPP/lpc Enclosure ��VIRGINIA: IN TiiE CIRCUIT COURTOF ROCKINGHAM COUNTY JOHN E. MORRIS v. Date of Judgment February 13, 1967 C. C. PEYTON,Superintendent of the Virginia State Penitentiary -0 -R -D -E -R This day came an Assistant Virginia and represented in the United States of Virginia, ceeding unto the Court that District is necessary forwarded Division, of the Virginia that the record , Virginia; has given assurances State Penitentiary; in the captioned and preserved the federal and that that that matter it be District Court, the Judge of said Court said record and returned is pending v. C. C. Peyton, to the Clerk of the United States Harrisonburg there of a habeas corpus pro- John E. Morris Superintendent General Court for the Western District Harrisonburg styled Attorney will be carefully to the Clerk of this habeas corpus case has been disposed kept Court after of by the Court. Upon mature consideration adjudged and ordered that the Clerk of this to the Clerk of the United States Virginia, by registered thereof, District mail the record Entered ~-.K~~ ~ton P. Pollard Assistant Attorney General therefore, Court do forward Court, Harrisonburg in the captioned this day of Judge I ask for this: it is, matter. ��VIRGINIA: In the Circuit November 17, 1960. Court of Rockingham County, on Commonwealth On an indictment v. charging felony (murder) John E. Morris This day came the attorney and the accused, sheriff John E. Morris, of this county, Virginia. of venire facias, court and found duly qualified handed a list twenty for ed, who each alternately persons, persons and free struck twelve, v. Miller, selected to well the having til A Oren Knott, and truly rend.er Lillian Lawrence as aforesaid. try to constitute and true according hea:iJd a portion tomorrow morning was and the accus- Raymond Barrix, A. Jefferson, Butler, the persons Ray B. Dinkel, and E. R. Long, jury, deliverance were sworn make between at the bar and a true to the law and the evidence; of the evidence, at nine by the the names of four namely; Joseph commonwealth and the prisoner verdict twenty John L. Miller, Lewis, under from exception; therefrom Wood.row Lowry, John G. Patterson, M. John T. were examined the commonwealth, and the remaining E. E. Bailey, attorneys, of the of Charlottesville, of the names of said to the attorney commonwealth, summoned by the sheriff writs whereupon, by his Jr., And from persons the came in the custody and also Camblos and Lewis A. Martin, for were adjourned o'clock. C O PY Deputy Clerk. and un- �'r �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ................ z ..... Alva ..Shifflett ...- ...c/ o ..Zean ...Shif flett .. ...................... Doris .. Jean ...Shifflett ...- ...424 Ware. Ave o.,...Elkton , ..Ya •.......................................... to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the .J]tJ::iday ,....Elkton., ...Vao ........................................... . County, at the Court House thereof, at 9:30 of .~9.Y.~~~.~r........... , 19.9.Q.., to testify and the truth to say in behalf of the Commonwealth -hebe, ~kea~Pane-Jui"~, against .............................................................................................................. . ....................................................................... John ..E •...Mot'ri s ......................................................................................... . who stands charged with and indicted for a felony And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's misdeRleftftOC..- And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, theJ.) •.tJ::i..of ......N.<?.Y~ffiP..~~·······················• 19...9-9., and in the of the Commonwealth. L~.5..t;:.b.. year �~ \ &XECUTED,c,, :r- s,ou ~ I THE COUNTYt.1.1. G .1 'EitGE ROCKINGHAM BY DELI ~ ROCKHiGHAM 1,;uUNTY I l-d £1 >:-:0::1<!A:J:;i:(~Lt::, ., ~-finain! .at his uual place of abcfde,Exacutea. •...f..L •.~--·-:.!~~~.LZ.~..0-JJy 7?'?; thm:_~ ~ _deliverina • '_"C~:=::: __ ~-~:::== n_ uual place of abodP~~..,.)(/~-------······-······-• b i:i" ::i his family above th_ age of /"")16 y /2.f s, auJ ex,;lainb.r, : : ..! 1-_ ,,.-·,. to 6J.~ h.et". r,,;-·--,1v>r of . , •.1 1 • ·. f _-~----------·-· _______________ _ "--· �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon .. County, Greeting: D.$..U.1e.l .. D.Eppard ..Cc./o.. B.obby...C.r.a:w!.ord~E.lk.ton,.V.a.); p .E.4.:f..~A ..!..flh.~~f.e.l.t.~.:r. ...L6.l.µe...w..q...G.r~Y...lP-P, ..E.lkt.on., ...Ya.11.l.; ...Sµs.;i,.JL.Cnwnl.e.y. ...ClUµe....a.n.d p .G..:r.$..Y ..In.n......Elkt.o.n.,...Va .•.l.; ....L.a.:wr.e.nc.~ ...A......De.an..{Wi.r.t ..Av.enue.., ....El.k.to.n.,....v.a. • .l.i....and ...... P ;M:~i,~9l..~ ..R.aY..Mo.r.rJ~...(E;l,..kt.9P. ...C.aP ....0.9.•..,...El.ktoP., ....Va .•.J.;....................................................................... .. to appear before the Judge of the Circuit 17th, o ' c 1oc k , a. m., on ti 1e.......... ~ay the Defendant Court of Rockingham County, at the Court House thereof, at 9 :30 ...o ...v...e..m ....b...e..r...,,•.······.. ......, 19........ 60 , t o t es t·f1 y an d th e t ruith t o say 1n • b e h a lf o f o f .........N in the prosecution ......................................................................... 1 of the Commonwealth J..o.hn ... against E.~ ....:M.o.J."~t.s ............................................................................................ . '- ;ho stands charged with and indicted for a felony ~a!IX In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, thel.4tb. day oL of the Commonwealth. County, Va., ............ N.ovembe.r,........, 19.6.0, and in the.185.th ....year �'tAt(;u,w • -~6.."-:.-,._,._,~ , l/-/1/c T ••• ••••••• ~· ·r: BYD JVERINGA :,0. -, , ,. ·. ~ 'V ( '"'~ ' Jli --. . . t °F - . ' .. . --- ~ ~ .. v.1--::.r:r ••-:.Trl'. •••. ·, ••• ··-· - ~--· •• • . ,t.. --~ ······ ' · ·- • • ··.... • . -~~-~-- , ~.r,,;,- ·- • ~,<:: r.\!..~_;; :/'~•,: ~~ , . r ( .., • :: : , , • . ·••<'•--· --- .. ·---------~ ' ·' ................ : ~. . .' "...-. ·:. 1·,. C. . "''f ............... DfPL,·.' ::,:,. ..-• - ~~~ -~ - ; �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . •-- Charles -- - ---- - --- - --- --- - - -- - - --. --- -- -- -- - - - - -- Lam - Rt.#1, Elkton, 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 1.Z.t:h.. day of .......~.QY.§.~P.§.'.!'.: ...... , 19.9.9.., to testify and the truth to say in behalf of the Commonweal th ~&- -the-~1'0-tHl-.Jut,y,, against .............................................................................................................. . ............................................................... John ..E.o...Morris ................................................................................................ . who stands charged with and indicted for a felony tnisdeinea,aoF. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the.12th of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- of ........... Nov.emb.er ................. , 19.60.., and in the 1.85.th. year . -- ---------------------------------------·· Commonwealth's Attorney �~ll:CUTED/1:/-2 ~ G:lQ[~ THE COUNTY Ci.1. ~0CKIN~HA1!1~y _DELIVE~G COP A. t:iUE OF THE WITHI~ ~0,?L..J-~¥-,~IJ,,i,~'2:2::l---- IN PE lUlCKINGHAM COUNTY �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Dr. G. G. Tanner - Grottoes, Vao 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.7-.~Jt day of .....}~9..Y.~~~.~:r?. ......, 19.~.Q.., to testify and the truth to say in behalf of the Commonwealth hclw.·e.Jhe. Gi:and-.In.ry, against .............................................................................................................. . John E. Morris who stands charged with and indicted for a felony wi,demei,u~Q.r. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the ..J.4tDof of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison........~Q.Y~J;'(IQ~.~·····················• 19...6.Q., and in the l§ ..5.t.h .. year �~.tIBCU'TEDj//f~/z- I THE COUNTYv.i. ROCKING~AM -~y Dtl..iIII G A T:RUE _____ COPYAFTHE WITHIN____:_,&:::::1'.n<nxC:X::: TO ~ £: fd 7a=zacn ,n6 IN PERSON. SHERIFF ROCKINGHAM COU TY �In the Name of the Commonwiea.lth of Virginia: To the Sheriff You are hereby commanded Chief of Rockingham County, Greeting: to summon-------------------------------------------------------------------------------------------------------------------------···· Walter Norvelle - Elkton Va. --------------------------------------------------------------------------------------------------···----1-------------------------------------------------------------------------------------------· '--------------------------------------Bobby --------------------------------·----------------'-------------------'---------------------------------------------------------------------------------------Lee Neff - Rt o 4H Elkton Va. to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the __l.1.th Commonwealth County, at the Court House thereof, at 9:30 day of _No:v:embe.r ____________ , 19.6. ___ , to testify and the truth to say in behalf of the beior&-t96-~and-~, against--------------------------------------------------------------------------------------------------------------· ____________________________________________ John __E_.___ Morris ________________________________________________________________ _ who stands charged with and indicted for a felony ffloi~1t<+1:. And this you shall not omit under penalty. Witness, burg, Virginia, JAMES R. SIPE, Commonwealth's at the Court House, thel.2.th_ of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- of ________ Nmzember _____________________ , 196_Q___ , and in the __l_85J:;byear �( �March 7, 1968 Hon. Leigh B. Hanes, Jr., Clerk United States District Court Harrisonburg, Virginia 22801 Re: Commonwealth v. John E. Morris and John E. Morris v. c.c.Peyton, Sup•t. (petition for writ of habeas corpus) Dear Sir: At the request of the Honorable Overton P. Pollard, Assistant Attorney General of Virginia, I am transmitting to you herewith the records in the above styled matters. Please letter. acknowledge Thanking you, reeeipt on the enclo ed copy of this I am Yours very truly, ~7-~-~a- George w. Kemper, Clerk GWK/nwc Enc. --a...:. Fif 0- 7" ~1/?;~/ ~ekL. �t .<t1. teea.oH ..a rl ;1:eJ ~ ..ol~ ::t<.i:.uo :.to1'I.tr: J:rr eo:Js-t e b&j 1:rrU >l'IGJO l01SS 1:'1 o al1la~lV t8~Udooel~~nH a.dot. • , .d.t.C \ JOmmoD :eH "'" bo.s (~. "'. v • j aa.s:.t8te::i.A tb -e ion .uot oj 0 v al'I'IOM ' rrrlot 'l t '!O'l aolj 1... q) r.rocr .ci ao.tc-.£ev0 e.fc "!·:trmil d:t 1o jn ....1-ipe'l ~d:t arr ;:t.t. i r-· j , I ,al ~11, 'I.1:V . o i.s'lone-t> v;e11"10.!'jA . h~I ja vod edj al eb~o rlj rij:w oc :ifo.G Zi! P..se.I .rr ;:tj- .C ms ' 'f IO • W 8, 'IO I t :grrl.Hrm.dT {) ow 1nm ~0 t'f.iI �? . ~- ~ ~ ~ I"'"~ 6 L/ ,c -- ~~ 1· I ,J?J,//4/' l&.d:- I r- I ~ r/1 If( if~ ~ l~trT<r' I - I7 LI I ,,2,, <v??-7 .,.,. /, ?.3d ey tttel! ,() I/ I / ,., ,, I If I' I I 1 I ,, 1, / ~ I ' ~ I I I , I f // I I I I (!_()M I, I ,. ?<7'r I I~ I I I I " I I y I" 1/. /, /J s: ;CJl/4w t. /f /• i. 'I /tJ I/ /YR '?Jor; s IT ;r·ry C) 4 ,t o, 11 cS'A,·,:: ,=/e ,rrtR. :YeA IV G.,a$" v✓ ~ /Y/tj /Y/r rJ 1/-e 7farv ~;&f/llD 11 IP IV /1<- S I ( - '} �w r ' &_ IJ~~~ I • /. ey ,)@ /)11//4 Af '.,I P~;; r75 or ,s lh ,.,,"ca....,--V LALVr-<t • ~ t{/vv'i !A-~-___..J~-~-..________------~-----~--~ .. ,1 ,{/ ~~~- ��'t ��' .-l •l' �) �------------- -~. �March 7, 1968 Hon. Leigh B. Hanes, Jr., Clerk United States District Court Harrisonburg, Virginia 22801 Re: Commonwealth v. John E. Morris and John E. (petition orris v. c.c.Peyton, Bup•t. for writ of habeas corpus) Dear Sir: At the request of the Honorable Overton P. Pollard, Assistant Attorney General of Virginia, I am transmitting to you herew th the records in the bove styled matters. Please letter. acknowledge reoeipt Thanking you, on the enclosed copy of this I am Yours very truly, George GWK/nwo Enc. w. Kemper, Clerk �~~eL3 ,.~i , ■ enaH .a dale.I .aoH 3-u,o d~.t-I~elG ee~n.te betlnU !08SS slal3~lV ,8'Wdnoel-rtsl .a a.dot ,no:tte4.o.a. alT?o 1 .j•que (eucrioo a.aeuad 1 • v d.t1sewnoma11on :efi .bn.s ah~o .H nrlo~ jl~w ~o? nol1l.teq) ~ns1eleeA ,b~•I!o~ .4 no$~evo eida~onoH ed~ 1o .taeupe~ e~ ~ -e~ed uot o.t an1.ttbrens-x$ 118 I ,ala.ta~lV 1o !•~eaeO ~ea-s:o.t~A .a~e ism belt~e evods ed.t al ab~ooe~ e j rl.t w e 1d$ 'io 1qoo .beaoLoae edl ao lqleoM: eat-.!womlo• m.a I , uot • ci .-re1.ter 3 a ..tlin.srlT �~. ,,..,RRI S 'pring Street nd Virginia / TO THE HONORABLEPRESIDING JUOOE CTRC IT GOUR OF HARRISONBUffi HARRISONBUffi VJR INIA 73619 �'\ .. �JOID .i:... MORRIS TO THEHOOORABLE PRESIDINGJUWE CIRCUITCOURT OF ROCKINGHAM COUNTY HARRISONBUffi VIIDINIA �----\ .... �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . .................llan .....orvel_e ...- ..E:'..:ton .... Va" .......................................................................................................... . .. ...........Bobby .....ee .. Ne·'=f..- ...,...E-.ton..................._................................................................................................... . ............ ~..~ ...'i!?Y ..!ohnson ...- ...Elkton ............................................................................................................................ . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth J).t.h County, at the Court House thereof, at 9:30 day of ........ Qf.t.9.°g.~f........ , 19 ...~ ... , to testify and the truth to say in behalf of the before the Grand Jury, against .............................................................................................................. . Jo n E. I-:orris who stands charged with and- indiot~fo.F a felony m~den1ea..n.01:.. 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 ..l.Zt.bof ............... c.t.ob.e.x ................... , 19.0 ..... , and in the .•.. 0.5.t.b.year of the Commonwealth. ��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 Dr. G. G. Tanner, to appear before The County 30th day of _ Virginia Grottoes, Court of said County, September of Virginia to summon ________ sitting at Harrisonburg, 19_§_Q_, at the hour of Virginia, 111 2 I .M. said County, on of that day to give evidence in behalf of __________________________________ _ Commonwealth 111 the pending case of -------------------------------------- Commonwealth John V. Given under my hand this ___ E. Morris_ 2_7_t_h ___ ,day o~f_S_e~p_t_e_m_b_e_r ___ ('.-,-, 19_§.Q_. {LlL~ 6-56-SM-Garrison n n O U1._-,l �. :::> The County Court _;i >-t No. _!J_.L_.si_i(-~<,L ----~ocket E-i Ci! rt: E-1 zp 0 0 Connnoneealth ~ ~ E-i zH ( V. ( Witness ( ;>i Subpoena Jc.,hn E. Morris September 30, 1960 at 2:00 PM iri j :s <I:! r,:::i E-i sz 0 ~ 1 0 o::; :::>H '.i1 0 �Witness Subpoena Comrnonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: me of the Commonwealth of Virginia to summo.~--------- to appear beffe 6_day ____ ,_/..... 1 The County Court of said County, sitting at Harrisonburg, 01- __ ~g:::::::..---1 ___ 19~, at the hour of Virginia, m said County, on .:Lf!(J>-.-...._ of that day to give evidence in behalf of:_~!:?::~...!..<_"Q:.::::..._ ___________________________ _ v. G~er my hand this /'t l:i/- day of_---'~-J_ ........ , ----, (U_C_, 19..fL ➔ Clerk ~M".a-.rk �\ r °' 0 (½ °'I p, ::l n, "Cl 0 er C (fl Ul Ul n, ::l rt ~ ..--....--....--.. < "'T'- r;I ~ C (") 0 '< rt ::l C 0 (") n, ::r' >-:I //J~ rt .... ,~ 0 z rt n, ;,;-- 0 n b ROCKINGHAM COUNTY ·uBIH±w -1/a/J~~ ~£t:CUTED7 ...L-S-<e °IN THE COUNTY€JJ. �DESCRIPTION OF PRISONER Last known address ----'-~~~~~~~~~~=-------~d~-=~~~~~~~~-------- Eyes __ Occupation f(L_:_,,,,{,. ) 1 ·-"-=-·-- Hair (13~,'? le, I,- J W eight_-'---"'-U?:.._"'1~-- �I �COUNTY COURT Criminal Docket N<! 32544 A Com'th V. ,. ' -I Defendant - I Appearance Date Trial Date cl - f- 2~ , I' 1:1 u/ u... 6 <.:. /ti • �t/ /,, ... I Iv'; 5 - z.. wJ.. -----/ I �Docket No. Ov. ur f 1/,,/~6 \ J7i.f· • .360 QC, COMMONWEALTH of VIRGINIA l 11~~• ~ vs. '-JI Felony {murder) } I JOHN E. MORRIS 3 I) ~ohn T. Camblos & CharlottesLewis A.Martin Jr. ville Va. =-=.c'-'-=..:=---=::..=....::..:=--=.---=-=~"--=-=---.L_:_=:_=:=-=...=.....,__----=.:.-=----p. Own (x} Appointed ( d• • } 1960 October 17. Return of Grand Jury. 10/326 Accused arraigned and plea of not guilty entered; case set for Nov. 17. /of;~/ I IJov. if Jµry impanelled and portion evidence heard. 16/343 Ifov. 1 . Evidence completed, instruction argument, ard verdict of jury-life imprisonment. 10/343. 4- /J ~I ~ (' ../f. ,,. I I CIRCUIT COURT OFROCKINGHAM COUNTY, VA. I of �� 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 John E Morris 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 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_001 Morris https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_004_commonwealth-v-john-edwin-keyton.pdf ef1ecff5987ec534ea97b9d8b5b45674 PDF Text Text G. H. Parent Co. Ashland. Vo. F N orm o. 777 l Commonwealth of Virginia, to-wit: __COUNTY ____________ of ROCKINGHAM __________________ , In the Circ',ji t Said Court of April County County The grand jurors of the Commonwealth of Virginia, in and for the body of the Circuit , now attending the Rockingham Court of the said 24th within twelve months prior to the finding of this indictment, to-wit, on the said Ann Jones, of 8 years, and there, did , feloniously a female child with under make an assault unlawfully force the and arms, the said Elizabeth d:d~arnally to-wit, i- -to t1,,i7t e ?n. 'fo__ and feloniously, and in the in and upon Elizabeth age of 16 years, and her day of three , in the year one thousand nine hundred and County, County John Edv1in Keyton upon their oath present that April of of the Ann Jones, then know and abuse, against the peace and dignity of the Commonwealth of Virginia. Upon the evidence of Deputy Earl Turner B. L, iii"se and r. witnesses sworn in open Court and sent to the grand jury to give evidence. age • �I FELONY INDICTMENT FOR A George D. Conrad Commonwealth's Attorney JOHN EDYiIN KEYTON vs. COMMON.WEALTH " �April 25, 1953 I, John Edwin Keyton, age 62, do hereby make the following voluntary statement to George D. Conrad, Commonwealth's Attorney of Rockingham County, Virginia, knowing him to be the same and having been told that I do not have to make a statement, and no threats or promises have been made to me, and knowing this can be used for or against me in a Court of Law: I VIent dovm to I.Irs. Rodney J'ones 1 :1ouse and delivered two buckets there about 3 :15 porn. Vl11ile I was t''lcre 3lizabeth nn Jones gave me the motion to meet her up on the hill. I stopped at the hill and she came up on the other side and cane across. That vms on the top of the hill on the right hand side, with my truck headed south. I never got out oi' the truck. '.l'his was She came on in v:rith me. I turned east at the town hall. I went out about a mile where the lane turns into Harman, s farm. This is near an old straws tack. I baclrnd in on the other side. I pulled out and came _n on the other side .tw..$.r.,~'th ·1 b Qhe said "I •1 1 t . , rr ~t,; e mai ox. ,__,_ . , vn 1 c,o any hin°; for ~p2.00. That was all that was ~aid. I~.~ o her ~2.00. She took her clothes all off - She said I 1;1-rgetti:rv; plenty of it with other boys. 11 I played ;d tl'i her a~little bi~., She was s;tting on the seat. I never got ;n to 01 her. I Just played with her and rubbed it n li"ttle I p took • t ~ • never .. my pe:1-is ou_ • 1 never put my fingers inside it. v:e stayed ~nere abou~ 20 minutes and then she put her clothes on and I ?rought h~r back. She got out and went up the alley. I never nad my britches open. She has made t; 1 at up. The above ·,VITlTESS: t/ statement has been read to me and is the truth. ��Circuit Court of the County of Rockingham on Wednesday, the 20th day of May, in the year of our Lord, nineteen hundred and fifty- three. Present: Hon. J. H. May, Judge Designate. Commonwealth On an indictment vs. for a felony (attempted rape) John Edwin Keyton This day came the attorney accused, khis John Edwin Keyton, came in the custody county and by his attorney, heard a verbal mental report condition Harry Blatt. of Dr. F. L. Byers, of said accused said Keyton should have proper State Hospital, it is hereby mental observation a report this State Hospital and report thereon date. accused is, deliver the said is hereby poses hereinabove Virginia, his mental court of this directed, the said that County, John Edwin Keyinsane condition, within sixty the in a for proper at care, and that days from in whose custody the as soon as may be practicable, John Edwin Keyton to said Hospital to for the pur- set forth. And further said at Marion, of as to the of the opinion for the criminal concerning And the Sheriff physician, care and observation ORDEREDthat be made to this of the sheriff And the Court having jail and being ton be committed to the department Southwestern for the commonwealth, and the proceedings hereon are suspended pending report. A COPY. ATTESTE:__ j4 __ 4-_'.L,_£ __ d,_.....,~-----' Executed this~ Clerk. SRC �u t. �IN THt,; CI CUIT OUHT FRO'. I Gl' Co om·:eal th On a vs. John Edwin ~ It cuperintendent John Edwi •i th to indictment beine made heretofore s id hospital there from ~- report State committed the sheriff rece Ho.,pit&l to a~i is or t. e purpose ved t.:;.1d institution oraere sheriff shall to be held State of Virginia, County of Rockingham, return to a·,ait the forth- custody of sho.11 there- the cu tody of Sc.id c:.nd deliver his for to proceed of receiving upon receiving ·rorr, the thc...t the accused, whose pr v-ious con..mitrae1 t to Sl,idhospit&l upon st<-nd t~rminated; jail, appear t~i is now s ne, the a fe ony ( tte 1pt~d rape) eyton Keyton, accused, accused, charging of th13 South·.1estern observEtion, the GOUTY, V HGINI , October/~953. him to the county trial, To-wit: I, J. Robert Switzer, Clerk of the Circuit Court of Rockingham County, Virginia, do hereby certify that the foregoing is a tr~d correct copy of an order of the said Court entered on the ✓-~ day of October, 1953, in the matter of Commonwealth vs. John Edwin Keyton, as the same appears of record in my office as Clerk aforesaid. Given under my hand and the seal Harrisonburg, Rockingham County, day of October, 1953. Ececut t 6th ♦ of said Court, at r Virginia, this_,_.,,,,, __ <.ay or Octo er l ).53 by r·eturnin, t C•.mnt l to bL tr al. c_ �,:·d • I J ;toO 0 :t 1 n.1: l ) j ~.! 0 "' I j .(1 t 0 1 lo j j' i 1 a~ JJ 1 4- . :t l :t l:l b bn 1: ,j IJ IJ -V 1: l .t 0 1: "'+ ... l 4-l r .L !ct l. el 'IO :! DO 1o j L nl:.'! cn:11:t'I 11 • no b .b 1 j J :)" (~ ,3lrrl3~1v t □.,.dgn11!'.)on :jlw-oT ~o sj~i3 1o '-lJ.nuo8 -2boh .s zl ·10 .t-rJJo:) j_tu::>'!l s.ij ':o :if-rsi:) t'Iss:tlw3 J'I96o.R . t ._I n.tode'lc1 srlJ ,tsr.[j 'l1.tJ·re::> 'lde'Ieii ob t..3lnlg·r1V ._v. ruro~ .Siig.:-,1: erij no ne-rej.rrs j'Iuo:::> bl sd.t ·10 o n.s 1o v.qo'.) t . .:-~ ~ .av rijlBswnoiIIilio8 1o 'I9S.t.Jm 9n.t al ._(~~1 ._'Isdoj::>Q 10 { P &; \ 2.s 9:).L~l1o v.m ni: b'!o::>s'I ·10 2'L:i9qq.e srn.se srtl 2.s .. no;tv:s]: ~1: ~D.!i ruio t .tl'c~~o1~ ~'Isl8 "'2 js -~ '19.b ... ~J'IJJO bls2 1o 1'92 srlj bno brr d z.i:.rU , ,.i:nlg·ri:V IWo8 millignlx:::>ofl 'I{ .(eel o r .t<Js'I-:rO::> v.. 'Is·nu ·1 nsv~~. tg"Iudno~l'I'1 ._'Isdo:t::>O 1o • 'rc tSr • �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA, October/~953. Commonwealth On an indictment vs. charging a felony (attempted rape) John Edwin Keyton It being made to appear Superintendent of the Southwestern John Edwin Keyton, heretofore observation, is now sane, with hospital to said the accused, upon stand accused, jail, terminated; there State committed the sheriff for the purpose whose previous the sheriff from a report to be held y is ordered that return to await his trial. , Judge. the accused, to proceed of receiving for forth- the custody the custody and deliver from the institution commitment to saidhospital ENTER: -------------- Hospital to said and upon receiving shall received shall of there- of said him to the county �r t t rj �PRE-SENTENCE INVESTIGATION Staunton, Virginia November 13, 1953 OFFENSE: NAME: John Edwin Keyton CITIZENSHIP: American ADDRESS: Bridgewater, MARITALSTATUS: Married Va. AGE: 61 (Born 11-2-92) NO. OF DEPENDENTS:One SEX: Male CONMONWEALTH ATTORNEY:George D. Conrad RACE: White OFFENSE: Attempted rape John E. Keyton has been indicted on the charge that he did on April 24, 1953, attempt to carnally lmow Elizabeth Ann Jones, white female, age 8. On April 24 around 3:00 p.m. the subject went from his home at Bridgewater to the Rodney Jones home in Mt. Crawford, Virginia. He states that he took two galvanized buckets to this family. At the time of his visit the parents were away and while there he arranged to meet Elizabeth Ann Jones, age 8, at a point away from the home where he picked her up in his truck and carried her to a point one mile East of Mt. Crawford near what is knovm as the Harmon farm. The child's clothing was removed and it was well established that the accused had his hands on this girl. It was also established that he paid her $2000 and returned to a point near Mt. Cr4wford where he let this child out 0£ the truck. The incident was reported by the victim to her parents and upon further investigation the subject was arrested by Sergeant B. L. Keiser. OrrMay 5, 1953, through his ovm employed counsel, Mr. Harry Blatt, the accused entered a plea of not guilty by reason of insanity. The case was referred to the Rockingham Jail Physician, Dr. F L. Byers, who reported to the court on May 20 as a result of which the subject was committed to the Southwestern State Hospital for observation. On October 1, 1953, Dr. Blalock reported that the subject was sane and able to testify in his mm behalf. On November 4, 1953, the evidence was heard in this case by Judge Hamilton Haas, presiding over the Rockingham County Circuit Court. The subject was found guilty and on motion of the attorney for the accused the matter was referred to the Probation Officer for an investigation and report. P~IOR RECORD: No prior record is found against the subject in this area. FAMILYHISTORY:John Edwin Keyton was born November 2, 1892, near what is known as Keytontovm in Rockingham County, Virginia. He has resided in this area the greater part of his life. He served in Europe during World War I where he was injured, having lost part of his left leg, was gassed and shell shocked. Soon after his return in 1919 he married Bertha Jones and to this union six children were born. This was not a congenial marriage and on April 30, 1940, the wife was granted a divorce. ��Re: John Edwin Keyton Page 2 . . . . . . . . It might also be stated that due to this man's injuries he was declared incompetent to handle his affairs in April 1932 at which time the court appointed Mr. E. L. Klingstein as his Committee. In September 1939 this man was conunitted to the Veterans Hospital and was furloughed in March 1941. On September 11, 1945, this man married Mrs. Mattie Reynolds at North Garden, Albemarle County, Virginia. Mrs. Reynolds was a widow and is the mother of four sons and one daughter. This has been a very congenial marriage. It is reliably reported that this man suffers mental lapses and is very easily excited, although he is not knovm to have caused any harm to any other individual. Due to this man's injuries he received a considerable amount of insurance and now receives a pension of $240.50 per month plus $57.50 interest on bonds which gives him a total pension of $298.00 per month. As stated before this money is handled by his Committee, but the subject has been permitted to purchase his own home which is a five-room bungalow located in the town of Bridgewater, and he has also purchased a two-ton truck with which he was engaged in custom hauling at the time of this offense. HOMEANDNEIGHBORHOOD: This man owns a five-room one-story frame hone which is in a good state of repair and well furnished. It is located in a business and residential section of Bridgewater, Virginia, near the Rockingham Co-operative Farm Bureau. EDUCATION: The subject states that he attended a grade school at Montezuma but left at an early age after completing the 6th grade stating that it was necessary for him to assist in the support of the family. RELIGION: The subject states that he is a member of the Brethren Church, :mt does not attend and takes very little interest in religious matters. INTERESTSAND ACTIVITIES: This man has no close associates and spends his leisure tools, gardening and listening to the radio. HEALTH: Keyton was injurej in World War I while serving with the United States Army in France where he was gassed, shell shocked and as a result of his injuries, lost part of his left leg and now wears an artificial limb. This man has been committed to the Veterans Hospital and it is reliably reported that he continues to have mental lapses being very nervous and highly excitable. EMPLOYMENT: Due to this man's physical condition he the last two years has operated a truck As stated before, he served his Country World War I, being honorab~r discharged a number of citations. RESOURCES: time working with small has had no stable employment, but for doing custom hauling and buying junk. for approximately two years during in the early part of 1919 having received The subject 011ms a five-room frame home in the Town of Bridgewater which is well furnished and would have the value of approximately $3000.00. He also owns a late model two-ton truck on which, a balance of approximately $400.00 is due. He has bonds which realize him $57.50 per month interest and receives a pension of $240050 per month. These funds are handled by a Committee, Mr. E. L. Klingstein, Harrisonburg, Virginia. �t �Re: John Edwin Keyton Page 3 ..... . SUMMA.RY: John Edwin Keyton, age 61, has been found guilty on a charge of attempted rape upon one Elizabeth Ann Jones, white female, age 8. This child is the daughter of Mr. and Mrs. Rodney Jones, Mt. Crawford, Virginia. Keyton was born November 2, 1892, in Rockingham County where he has spent the greater part of his life. He was a member of the United States .ArmedForces during World War I where he received serious injuries and continues to suffer from being gassed and shell shocked and the loss of his left leg and he is now required to wear a.~ artificial limb. On December 21, 1920, he married Bertha Jones. To this union six children were born. This was not a congenial union and as a result in April 1940 the wife was granted a divorce. This man was declared incompetent by the court on April 28, 1932, at which time Mr. E. L. Klingstein was appointed as his Committee. On September 12, 1939, this man was committed to the Veterans Hospital and furloughed in March 1941. On September 11, 1945, he married Mattie Reynolds which has been a very congenial union. It is reported that this man continues to have mental lapses and is very easily excited, but prior to this charge he has not harmed anyone. He has no prior record and is very well recommended in his own community. He owns a five-room frame home which is very well furnished located in the Town of Bridgewater. He claims a 6th grade education, exhibits little interest in religious matters, has no close associates, and spends his leisure time working a garden and odd job hauling which is also his only employment. The Officer has been unable to develop any extenuating circumstances in this RECOMMENDATION case other than the possible mental condition of the subject - therefore, no ANDPLAN: recommendation or plan is offered. Respectfully yourc, William H. Ralston Probation and Parole Officer WHR:ABM �C. �Comp. Form 18 STATE OF v_1R_G_IN.......,IA......,._........i,.....,,,,...___ _______ COUNTY OF Rockingham TO ANY SHERIFF lf No. 12103 A To-Wit: OR POLICE OFFICER: George D, Coorad, Co31 th Attyo Whereas, J.C. has this day made complaint and information on oath before me, Swartz (Name) Clerk T. Jo Cto of the said County, tha,________________ _ (Title) _ __,,J...,o=hn=.....,Ed=w=1.=· n=-----cK==e.,_yt....c....c.o=nc;,_,-=B=r-"'i:C:d'--'-g'---'e'-w_a_t_e-'r=----,."----V'---a_. __________________ day 0£ ....__ did on the 24th upon the lllBlll9body assault peace with intent and dignity _.A~!;)~r-il __________ of Elizabeth the of the said Ann Jones child Com1 th to , 19-5..l: , a female carnally know, Unlawfully child, against and feloniously 8 yrs. her in the said County will of age, did by force, in and make an against of Va. 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 ans,ver the said complaint and to be further dealt with according to law. And you are also directed to summon B. .Mrs. L, Kiser Rodney Sgt. L. Jones Mt. Crawford, Vec,t0 r ____ Address ----□ color ____ Address ---□ color Address ________________ color Address color ____ Address ----------------- □ D --'---------------□ as witnesses. Given under my hand and seal, this __ 2_c5_t_h_--'da~-V: ~ Clerk. ~ iiid2.,, 19_53. (Seal) the, �STATE OF VIRGINIA-COUNTY OF to-wit: I. Trial Justice Justice of the Peace a m and for the County afor~said, State of Virainia, do cert1iy that and --------------------------~ to the Commonwealth ($ ________ ), as his suret _____ of Virginia , have this day each acknowledged themselves indebted Do1Jars in the sum oi -------------------------------------- to be made and levied of their respec!ive -goods and chattels, be rendered, yet upon this condition: That the said ______________ land5, and tenements _ to the use of the Commonwealth to Circuit Court shall appear before the Trial Justice ----, County, on the _________ of day of ______________ _, 19___ , at _______ M., at ________________ ,Virginia, and at any time or times to which,. the P.roce~dings 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 from the date hereoi. shall keep the peace and be of good behavior Given under my hand, this ________ day of ________________ ~ 19__ for a period of _________ days _ T.J., J.P. ~~r f ~ (") 0 ~ V> ~ Er t'D < "'e () 'O r, 0 5; ,. ::i !" a.-::r ,. > ::0 ::0 >4 II> 9 5· ~ > Oo '11 > ::0 ::0 tTl Er "' 9 90 en C 9 90 .., ~ ~ "%j s· ,. .., ~ =l: ,. s· oq Er ~ 0 ~ ::i (") 0 ~ ~ V> ::i § s,. "' "' ,. t ,.,. "%j ~,. ::i "' a. a. 0 ::i ::i "' > .... s,. ,. n 0... "' "' ... ::i '< .._ (") ;;.., ;,;- s::: > .., ... ;;II> oq ,. ~ to t .., ... E "' ~ ::, ..._ 0 ~ ... w L .... ::n ::, £. a. C a. ... .., 5. t'D '< :?. 'O ~ II> .., II> n < ::;· 0 5· 5· 8-. __;· F. 'O 'O II> ~ .., oq ~ ( ~ II> t'D .., II> ,. 0- t'D ,.Er .., ::r - n .., £. ... p;· 0 -n =l: 5· ---· ri "' .., en en C "'C Er n * oq ~-::;.· ~n, st'D (") 0 C "' n"' "' =l: t'D .., .., .... n, ~ ~ oq 0 .., 0 0 ~ !' 8. .,,. i t.:rJ ::r 0 ~ ~ r, '< .. 9 z > t"' .., .., ::c: ::i ~ ~ == 0 II> to .., "' a. ~ t.:rJ .., oq L.1 '• (") (") en ~- r (") z.., 0a: z .... o· ::i II> 8-. .-i t:, 0 ~ ,. 0 r �SOUTHWESTERN MARION. STATE HOSPITAL JOSEPH VIRGINIA R, DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS September 23, 1953. Hon. Hamilton Haas, Judge Circuit Court of Rockingham County, Harrisonburg, Virginia. Dear Judge Haas: RE: KEYTON,John Edwin The above-named was committed to the Criminal Insane Department of our hospital by order of your Court for observation and report and admitted May 24, 1953. Since admission he has been carefully studied and as a result of our observations we beg to report that he is not now insane and that he has not been insane or psychotic since admission. This man was treated in the Veterans Administration Hospital for about seven months in 1935-1936 and again for about seven months in 1939-1940. He was considered to be suffering from a schizophrenic type of psychosis. The history from available sources indicates that he has been getting along satisfactorily for over ten years and this is verified by his guardian. The mental picture that he presented at the Veterans Administration Hospital does not seem to have represented any clear cut type. Here our diagnosis is "Per onallty Pattern Disturbance, Schizoid personality". It is felt that he is mentally competent and able to testify in his own defense. Respectfully, ~ Joseph R. Blalock, Superintendent. JRB/c BLALOCK, SUPERINTENDENT M. D., M. D. �, . �SOUTHWESTERN MARION. STATE HOSPlTAL JOSEPH VIRGINIA BLALOCK, SUPERINTENDENT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS September 25, 1953. Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County, Harrisonburg, Virginia. Dear Mr. Switzer: RE: KEYTON,.John Edwin Please find enclosed herewith, condition of the above-named. transmit a copy of this report in duplicate, a report on the mental It will be appreciate if you will to Judge Haas. Very truly yours, t:::::: le / ~ Joseph R. Blalock, M. D., Superintendento JRB/c R. M, D. ��SOUTHWESTERN MARION, STATE JOSEPH HOSPITAL R. BLALOCK, SUPERINTENDENT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS November 5, 1953. Mr. Robert J. Switzer, Clerk Circuit Court of Rockingham County, Harrisonburg, Virginia. Dear Mr. Switzer: RE: KEYTON,John Edwin Please find enclosed herewith statement of services rendered in the cas~ of the above-no.liled. It will be appreciated if you will place this in line for payment. Very truly yours, ~K-~. Joseph R. Blalock, Superintendent. JRB/c encl. Ml D. M. D. �r �SOUTHWESTERN MARION, STATE HOSPITAL JOSEPH VIRGINIA R, BLALOCK, SUPERINTENDENT DEPARTMENT MENTAL HYGIENE OF AND July HOSPITALS 19, 1953. Hon. Hamilton Has, Judge, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Warren Allen Evans, John Edwin Keyton. Dear Judge Haas: l'he above-named persons were committed by your Court to our Criminal Insane Department for observation and report, with the directions that the report be submitted in 60 days. I regret very much that we have not yet been able to complete our observations to the point where we are able to make a report ani I would like to request an additional period of time. Respec~fully, ~ 4 • ~~ Joseph R. Blalock, Superintendent. ~- M. D., M, D. ��SOUTHWESTERN MARION, STATE HOSPITAL JOSEPH VIRGINIA R, BLALOCK, SUPERINTENDENT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS July 19, 1953. Mr. J. Robert Switzer, Clerk, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Warren Allen Evans, John Edwin Keyton. Dear Mr. Switzer: I am enclosing in duplicate a letter on the above-named persons asking tor more time to study these cases. It would be appreciated if you would transmit the original to Judge Haas and retain the copy for your files. Very truly yours, Ce.~<Joseph R. Blalock, Superintendent. JRB/ib M. D., M. D. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............... P..r.'..~ .....G:~.9.:J:"..g.~·····9.·~····Bg.w. .....LB.;rJ.dge.w.g.t..e.:r..) to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the .........1.th................ day of... ......N.9.Y..~mP..~.:r. .............................................. 1953... , to testify and the truth to say in behalf of the Commonwealth against ........................................................... . . ........................................................................... JOHN ...EDWIN ...KEYTON .......................................................................... . 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, Jc1t:fiBfjljf~~B~JUt, day of.. .....9q.tC?.!?..~.r ................ , 19..~.;3...., and in the 17'2 ....... TH ■ •••••ca raeu, HAl&UoNaua.c, 1A. at the Court House, the ....?.7.th... �Uommonwealth v.) Witness Summons lJnliln Edwin Keyton To November 4, 1 953 at 10:00 (!'.1,.6_;u·; Le/~ ?!.~~- __ rN THE PSCKING·HAMBY D3LIVE ~~p-~~~--,T~~~ WITHit IN PERSON. -47-L A.L.S e- -- --~-~--------,. ROCK\ JGHAMCO NTY a.m. �In the Name of the Commonwealth of Virginia: , To the Sheriff of Rockingham County, Greeting: y OU are hereby commanded to surzon ····~···Q.f.;t.'J_g.~.:r. ..J~.~ ..... t., .... Kt~.~_?;'..t.(M!..~.~... ······•················· ............................ R.odney•...Jo.ne.sD....E.li.z.~1?.~.th. ..Aoo ....J_C>.D.-~.1:1., .....~P.:4 ...P..~P.~~Y. ...................... . • Vw. A. Spitz'er ··················--•-·-·-····································--------------- ··················--------·------·-··············································-·················-······································ to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10:00 o'clock, a. m., on the ......J~{~P.h .............. day of.. .........O.g.t.9.J?.~:r................................................ 19 ..§~, to testify and the truth to say in behalf of the Commonwealth against .......................................................... . JOHN EDWIN KEYTON who stands charged with and indicted for a felony ~r. And this you shall not omit under penalty. And have then and there this Writ. Witness, ~ ~. day of .9..~.~g?.~! .................... , 19.f>.~ ....., and in the 17..§.'!?.!?-.-. -t.Ja• THS l ■ aYIC£ Pl.EU, HAlll.JIONB\Ja,G, .... ?.9.~P.: .... at the Court House, the ... �Connnonwealth v.) Witness Summons John Edwin Keyton \ t • To October 28, 1953 at 10:00 a.m. ~ , ~XECUT:i~~/S1N THE COUNTY Ot ROCKINGHAM BY DELIV1:?~ A TRUE COPYOF THE WITHIN~ 01::t?YL TO /3, j£'. -~ IN PERSON. ➔ V �In the Name of the Commonwealth of Vindnia: Ii rrisonburg, Se"l'J?i~~~f XX>YGa:I, Greeting: To the & Yott are hereby commanded to summon ...... P..+:'.~ ...1.~.: ..,...~ ..J3.Y.~.I'.:$. ........................................................ . •··••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• . . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, day of. .....No.Ve.b.el'.'.,: ............. 19 at l0 o'clock, a. m., on the.4th. say in behalf . . . . . . . . . . . . . . .. . . . . .. of the Defendant . . . . ... . . . .. . . . . .. . . . . . .. . . .J.9 5J. to testify and the truth to in the prosecution of the Commonwealth against....................................... . ......... -~.4. ..J~.J~~ Y.:t.9.Il: ........................................................................ .. who stands charged with and indicted for a felony ~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ]. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ....26th day of ..0.G.tob.e.r., .........19.53 .., and in thel78.itlyear <j;;the Commo~weiilth .. ······£/(~f4Vf._~.r.l.t.y ,,,,,7 ~~ -t t< ~-z.., - ....-.., - , $ , • t fiit.,, 6 I ....... . �~>MJ~l ))~ r vJ J-..r-~ l;\I'<..<\ ~ ~ - .,., I ., T~e within summons was executed October 29, 1953 upon Dr. F. L. Byers at the usual place of business of said Dr. F. L. Byers at Professional Building, in the City of Harrisonburg, Virginia, during business hours, by delivering a true copy thereof and giving information of its purport to Mrs. Walter Green who was the person found there in charge of such business. rlsonourg, �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: r..~ ..... 'f.:1:1:~?.~.1:'. ................................... . You are hereby commanded to summon ............ J).~.P.P.:t.Y...~.?-.~J .... to appear before the Judge of the Circ4it Court of Rockins;,ham Coontv,at the Court House thereof, tn ~ovemoer 4 at 10:00 o'clock, a. m., on the .................................... day of.. ................................................................................. 19....5J to testify and the truth to say in behalf of the Commonwealth against ........................................................... . JOHN EDWINKEYTON who stands charged with and indicted for a felony iiJs~M. And this you shall not omit under penalty. And have then and there this Writ. Witness, J~~~JC)ln-~*~~iKl\;~t day of.. .....N.o.v..e.mb.e.r. ........... , 19 ..5...3. ..., and in the 17.$J... ear o TH& ,aal'ICB PREii. HAI.I.JION ■ lJI.Ci, ...... the Court House, the .....3.r.d ...... �commonwealth v. ) Witness summons John Edwin Keyton T O November 4, , l953 at 10:00 a.m. EXECUTEl)//-.7-S-31N THE COUNTY or ROCKINGHAM BY DELIVER.1)l~TRUE COPY~~ TO f:~ f /4 v, W!.WIN ~Arl ~¼ ~~ s' fr.~ �In the Name of the Commonwealth of Virgini.i: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ......... M;r.~.~..... R.Q.@.~.Y. ...J.Q.!.1~.~.J.....E.l.;i&~P..~.t.h .............. . Ann ..Jones ..,.....Offic.er ..B.•....L; ..Kiser. 1 .... and ...Deputy .w.•.... A.•....sP.i tzer ........... . to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the .....1:.1?.h ..................... day of.. .......... NgY.E:?.!P.:~~.r.'. ......................................... 19'?.~.. , to testify and the truth to say in behalf of the Commonwealth against ........................................................... . ........................................................... JOHN...EDWIN...KEYTON........................................................................................ . who stands charged with and indicted for a felony rMWMiXaYilUC And this you shall not omit under penalty. And have then and there this Writ. Witness,:Ji.jtt!61~~~~ltltlt;~IU~~~. day of...OQ.:li..Q!?..~.;r. .................... , 19.R9...., and in the 17........... at the Court House, the ...2.7..t.b.. .... �commonwealth v •) Witness Summons John Edwin Keyton • 953 at ~o November 4~ 1.m 10 :OO a. • �AFTER 5 DAYS RETURN TO DRAWER 670 MARION, VIRGINIA Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia �. . ,,:, �TRIAL JUSTICE COURT Criminal Docket . 12103 ... 0 Com'th V. John Edwin Keyton Defendant A Appearance Date Y- u-1 'I-- ..2. rand Jury Trial Date 4-28-5J. A �To Com' th Atty. ~ �/,,50 .,t;-/ } I 6t:::) ;.6~ )/c:) t-/ ?> ~ �OCT 1953 Docket No. 7,,-I1di. COMMONWEALTH ) vs. a"/~· J_,j'" 'Jl..r7 I- ·y/- 3 ) Felony (att. rape) ) 0 JOHNEDWINKEYTON yt' 3/ of VIRGINIA II .:J0 I H~a~rr=--y~B=l=a~tt.,.___ ________ Own (X ) Appointed p. d. ( ) () 5' "O :,- f "O !' I I ( 1-- ~ CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �~~ vs.~ COMMONWEALTH DESCRIPTION OF PRISONER Last known ,dd,ess ______--~~~--Co loc_ _'2 _ ij'"_____ Height__ __ ___ _____________ _____ ,L-c: k, _ Marks ___-~~~-----~ Age______ J_ ____ ___ _ Date of Trial_ ___ _ Eyes __ fJ.,u_____ __--~~-~-Occupation_ HaiL _ ______________________ J)1L. f __rJ W eight_/,J _ c)____ _ ___________ ,____________________________ _ --FA~~~ ,1----~--- -------------------- :_"'t,-//- __f,.> _____________________________________________ _ Result ________ /9__ --------------------------------------------------------------------7------------- ��COMMONWEALTH ~ ~ 2~ VS. ~.,,-,,, (I DESCRIPTION OF PRISONER Last known address _______________ yt'.'.:_ Color ______~ Height_ __..)_~_(;_ __ Eyes ___~---- Hair_~ Weighr__l__~_L_ __ {{2_/;::__ ----_--------------------------------------------------_(__ ---------------------------- Marks ___ ,I Age ___f:i __~------Date of T riaL __________________________________________ •___________________________________________________ _ Result _____________________________________________________________________________________________________ _ �� 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 John Edwin Keyton 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 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_017_004 Keyton https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_012_commonwealth-v-john-k-carr.pdf 846811e1d353834cf263a53ee39a9f67 PDF Text Text EB 1946 C0Ml1l0NWEALTH v. Felony (murder) JOHN R. CARR I I I I I" �I 11~ ~-/41/.~ z-----17 p - c:l.l?evv-it., 3 ~/4~ ~~ 7 ~ r --yy,~ t w~; /.0--_~-j =--~ �������In the Name of the Commonwealth of Virginia: ............................................................. ,,,........................................................................................................................................................................... ::;:;~ar:~e :L.tJ.:..~ 0 .:;::~: :.~d= ~;.~~~·=···~0;11_1~ '"' __'" ___.,,..u __ •' __ "'•_»•l<•r2 __ •f~n,eal1h . 0tht:s~f:ur:n;ot~see::u~~eo:; ___ agoin,1..__________ _ __ ___ -------___ _ who stands charged with and indicted for a f clony ~or;-And this you shall not omit under penalty of £100. And have then and there this Writ. Witness._A ROBERT SWITZER. Clerk of our said C:o'lt, at the Court House, the.. ~/./1±:-A.~ .................. 194._.& and of_......... Massanetta Paper Co. Print in the ./.1..t?. ..~ear -L~.,/.:-~ 'j}~ .. L4 of tr Com~+"alt\ .. FORM NO. 5 Clerk �not finding Goldie Garr nor 1::myof her immediate 1•amily ,execued '.:J/<;J/46 by posting and leavin posted titrue copy of this summon upon her door. v:, .rv~ For <::<--:: , vca: Dpt. . _ sheriff Se.In H Callender. ( l ~ " f~ ~ , . ~~ tJ-19 -r-u ff/ tLk/, il fo,JL CQ/?f d t:LliJ:.,uA I ' ' ~ t;-_~ \ l-t~f 1J A-t o-/a,__ t ~ c1~!k.;_, ' -~ . la.., ~ '~L ~ ~ • '1\ dY-~ ~ D~-- ... I I , I 'f-<-1' /Vrr' .J ,.J..V.,,._,.,,.i- ~-',_,, �~r'rf. • CD of abode, u·.,e copy E..x(;~t.: ~....~... ~u,,c~/7 of ~h USl~I p,aro ~abov 1,iOL () per, on, ii:, , •2' of abode, copy h/.~ ~ r plaining ~ being ·~ k~ t e purport ther ~~-..✓-:.T.~............... ___ ····---·················at his .. ~ ... ·-------····-·················· in drson, - t said ...... .~~--:!l~ .................... . a member of the purport thereo' (}?HftZ,7~tP1#~ fa, A~~ ., ~4.k to ..L"?.~-:- -·~~ usual place of abodf'.~ .. ;;t;:1.-1._~--~~.A,;Aeing his family above the age of 16 yo::..rs~nd explaining to her, Jfh,tA- u .., ....2:. .....././?..-r.. ...<f.?. ... ..by dollvaril"'g ....dt.~ of this ....... "' ~r.-rI, 6~-~ Executed a ··---~~ t eai • ..~.2/1,.,•>11~..,.,..,.,,_, ? d Z!! ..-:~!!..~-··• tho ab& v• 16 Cfe, r '3, and -J~#-: true 1 <J0rl {l,lfµdcrJ toher, place .. t i Uli , .. /7:::. ..~.t.'-z-'.....~ .......lily dollverln.~ I . ..../4..t?!-::47 ./k~·-·· of .1,·s •..•.... ..... ~..: .._.._.......at his ···~···t~f..~ Al1r-'I ��6 Arrest Warrant The Commonwealth of Virginia,} T •t • h am County, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, --~L=a~w=r~e=n~c~e~E=-~• ~H~o~o~v~e=r ________________ made complaint and information of the said County, chat _____ on the ;,...,11s)~r 8th 111d end dignit~r day of rn9Jjciously of said County, has this day on oath before me, ~J~·~=c~·~S~v~;-='1=r~t~z .......... , ~O~l~e~r~K~~T~-~·~T~,~r.~, O~J~, ~r...... t~----T. J. or J.P. J_o_h_n __ R_._C_a_r_r ________________________ Feb. , 19----1§_, in the said County,did k--ill "'.nd murder one Franson _ unJ :3wf'ully, Cn.Jdwell, a,?3.:inst felonthe peace of t,he Corn1110nv:oalth of ·virp:inia These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend before the Trial Justice of the said County, the body of the said ____________________ -q_____~c ......... :;;i.r--..1.r _________________ _____________ _ _ .....T__._,_h...._. ........... ___________________ and bring to answer the said complaint and to be further dealt with according to law. Given under my hand this __ l_2_t_h ___ Memo. of Commonwealth _ Witnesses: Name Address --------------------- ----- - - - - - ----- ---------- �,TATE OF VIRGINIA-COUNTY OF ROCKINGHAM, TO-WIT: and for the County of Rockingham, State of and .................................. . have this day acknowledged Commonwealth indebted to the ) as to .. dollars of Virginia in the sum of.. ..... which they severally waived their exemption, themselves to be made and levied of their goods and chattels, yet upon this condition: That the said ..........shall appear before the Trial Justice Court of Rockingham County at .......................................................................................... , 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 . 19 ....... . day Given under my hand this, T. J. or J. P. or Bail Commissioner .... «I \ .., ':\l .., .... :, 0 u <I) .~ .., <J) l{) u) z.., ..... :S f-< u Cl «I C: ·c u ~ z ~ ~ ~ C) 0 ~ ~ .... «I ~ >--I H ·-~ ...c .., d) ~ C: 0 8 8 .., <n > c:: .r::: 0 I-:> 0 '"d • .... ~ > u \fl '"d :, U «I 00 C: >: ·r.il t:: 0 --0 v> .~ .... .... «I «I .... .., <I) .... u "' ~ <J) ~ J3 j j <I) ..0 g. C\l(., 0d d • !! '1 ,-4: C\}.;~ rl IC): (,A- - Yi- Yi- (cA- .: C\l: (,A- (,A- (,A- It): i I ~l lO (cA- (,A- (,A- <I) 00 «I <I) <I) OJ u.. \ <I) <I) <J) ~<I) ~J{: (cA- i o! d It); It) j, ~~ ~ "' ·c 0. ~ s: ~ C: >- '"d 0 --0 .... <I) 0 ..0 <I) <I) u \fl <J) :.::: <I) .... ~fll :~~ j <I) C: .... <I) C1l ·-.... <I) <I) u 00 ~ C ...c cii <I) <I) <I) ...c .s ~ ...C .., ('j ~: '"d .... 0 .... ..0 < .____,..._, <I) 0 -~ <I) "' .... 0 - ·e ::, --. «I ~ .., t-- ~ ..0 «I .... .... ~ ~ >- '-+-, 0 .... >- C: I ~~ .., u.. bO «I <I) ] <I) <I) <I) "' ::, u.. --. .~ .., VJ --0 C: «I ::, --. .., ~ <J) <J) j <I) C: .., .... ~ C: «I 00 <I) C: ·a :s \ cii <J) --0 u C: <I) \ C: >- "' 8 C: u.. s .5 1J .... cii :... Bv 8 o C: ::, ·c .... 8::, ·-.., 0 t: ·; ti; ...... f-< < U) ~<( u< --. 00 <I) "' ~ <I) <J) <J) u <J) 0 <J) <J)'"d <I) «I C: 0 <I) I «I .., ~ <I) <I) - 0 f-< ~ «I ~ ·e -; ~ ~ ~ ~ �LAIN ·- FILED. •• _· • ��COMMONWEALTH vs._----+~~'----'-"'')_fJl'-+-_,_~'""'-Ct.= ..... /J/2/'-='------=--------- 7 DESCRIPTION ~@.. __________________________________________________ _ Last kno:n address ____}_ __ J'l_~-- Color ____ Height__j_~-~- ____if2_ S_ ____ ____ PV Eyes______ ______ Hair_ __g _ _e____ /~-o Weight_ _____ 1r ._ ____ ___ ______ _________________________ rr _________________ _ Ma,ks _____ Age ___ OF PRISONER Date of Trial_ ___ /K.{Cvtr Occupation?t {,,.c./11/4--~ --- ---- ----··----------- ---- ---- -- -- ------ -- ---- _,,,_/ 1,,-,,,..-/9 t.,{-/ _____________________________________________________________ _ Result ________) __~~----------------------------------------------------------------------------- ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham • County, Greeting: You are hereby commanded to summon ............................................................................................................................ . === ~==· to appear before the Judge of the Circuit Court of Roc~am at 9:30 o'clock, a. m., on the/,//~ to testify and the tmth to say i County, at the Court House thereof, day of............................... ~···········:························· ehalf~om~agai:~ .19~., • ------------------·-········································································-·········-····································--·· who stands charge wit nd indicted for a felony M-l+~~~~ And~J;-9mal>},1~~n~enali~~~Jj'~;k1}yp-and there this ;rit. Witness, }a~~~EiM=f,llli;iiliiil~ of our said Court, at the Court House, the .. 'i.. ........ f, .. day of.. ...~r·····--·• 19.,f/t,. , and in theA .1/4 ..year of the Commonwealth. . ................................ £..~~···········•~ THE SERVICE PRESS �., ,..,. :,- C 0 - ~ r+ ::r - Ill (P s» - a, (I) ,:, 3 C 'C = I» CD ga < (D i,j 0 0CD 0 "O '< iii (') '< .... .... ::r 0 l» 0' (!) :J C: I :) 'O ., ,.., S' 0 0. .... e: • fr] 0 I - ,. )( I 0) .... II> O" (I) (I) '< (D ' 0 rrJ S:& 11> G) "O C ct 0. i I ~-/ z i ril (I) :::c E-1 (/l 0 a, ::s e-. .... Ill PH z ::..) (I) CD !".i:10 'O rzl~ )( e: :!. ::, (IQ r+ 0- ::r CD (P - 'ti ::, r::: ., IQ '8 ., 3 " 3 .... ::r a CD CD ; -,; .... 0 SI> :I~ 0 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ;6(~ :: :~:ae:~c~::~ea~h:!,u::et::t~ei!.~:f~~~.~~~°.~~.~' t~ t~ti~ an~the ::th to say i~~wL. ..~~.~~~.~~·~·~·~·~·°-·~~e 1 e_..-tl"-'7'-~JI\ who stands charged with and indicted for a felony rrrisd-em-eaor. And this you shall not omit under penalty of £100. And have then and there this W.!f:...J day of .~62l=:R~'s;44R~n~l::\:: THE SERVICE PRESS o~,~i=o::se;t~e·~~: �y . •ot findlng ..4,~~~t:..-,,;::!:.:;tl.44(,.t~t::::~ ' ., t:I"-.. =./..~ .._:._... ~..f_. ; ..co of a.bode, Executed .....f....£ .... rue opy of this ,.f .• U..L .. __ ,........ -.....,............. to.: ___ ,_...by dellv rln l..J!:.!;.l............... .. ........':t..J..,••w_,J.••• ' .I ..«::.:....< ....... (,;.......... ..t.............................. In person, a.t said _: ..._•..,_.,••'!d.,./3.. ••.••: -~-- I £1 UGUe.\ pl hist ~ht o of ub da...- ......,.,.-..~·-'-•+ .. ··~··•·./.(,,._ •••• ·····-·-·--··--··-• mUY above t e age of 16 years, an explaining .~ being a m'3mber of the purpor't thereof / ~~ ~%~1 �']:rial Justice Criminal Court Docket No. Comre.cmwu:i.l th vs. John::. tJ. TAT .,_ •" • Carr A • .L.rraigr ~d 2-1:::-46 3-1-46 Held to await the action of the Grand Jury. ��CV,"" Mor.1 wel"1'- r v, H CL,<'/ teit _j__ INSTRUCTION The Court instructs degree is any wilful, malice aforethought. deliberate The Court further of a human being premeditated, manslaughter such killing still further is the unlawful of blood and sudden passion, from malice. that murder in the first and premeditated instructs be malicious then The Court the jury the jury that but not wilful, is murder instructs killing killing if the killing deliberate jury degree. that of a human being upon adequate and in the second the with voluntary in heat provocation,and not ��C'o"""'# a IV vJ 2 "1 (. T H v, CA~R.. INSTRUCTION The Court Virginia order instructs is presumed to elevate the burden the offense prisoner. to be murder the offense of proof the jury that every homicide in the second degree. to murder in the first in In degree, is upon the Commonwealth, and to reduce to manslaughter, the burden of proof is upon the �• �---- ---------------------------------------·- --...,.------~--- ...... INSTRJ CTI ON intend The Court instructs the jury that or which is the natural consequence Carr, which he does, of his own act; shot and killed sumes that use of said he intended weapon. therefore, Branson as shown by the evidence, that under Caldwell a man is taken if the consequences and probable the accused, with a loaded the circumstances that to John R. rifle, the law pre- resulted from the -----~ �~--- �(!d,,..,,MO,VvJtAt;T tf· v, C.A R..R.. INSTRUCTION The Court instructs the jury proved by the use of a deadly upon the plea fense rests of self-defense, upon the prisoner; not such defense sider all where a homicide weapon, and the prisoner the burden of proving and in determining has been established, of the evidence that the jury and circumstances for the Commonwealth as well as that relies such de- whether should in the case, for the accused. is or conthat �.' - 0 r .·, �.s- INSTRUCTION The Court instructs intends the jury to connnit murder or other well-grounded, unaccompainied any such intention of prevention. immediate will that bare atrocious act killing There must be some overt that felony, by any overt not warrant fear however indicative the party act a man of by way indicative of danger at the timeo And the Court further however grevious or insulting, instructs do not the jury justify that words, an assault. �I �Cc1H Mo,,vtvt ~';j ·TH v~ CA1'~ Jh 4 INSTRUCTION 'The Court house may resist instructs the jury the entry of a trespasser, to kill, unless it be rendered or great bodily harm. able property, or inplied, it the owner of a dwelling but he hes no right to prevent where there of imminent danger is manslaughter, it necessary If he kills ground of apprehension that is then murder9 loss of life is not a reasonto his person and if done with malice, express or �.l �PrisonersReportof Rockingham CountyJail Name _____ ----- - \?___2 __(',!,.._~-- __ Date Bailed Out_.2:_~_l_':/._ Male ___V._Female Separated ___~_ Vocational ------ L ~-?f- ________Age_ -~--- ~ -~--td _h___ ________Date Arrested _j_-:_ __ ________Again Placed in Jail_ _________y __~_;l_.J__ ~--~-~ _ __Race ______ Single ________Married _________ Divorced ________ Widow ________Widower ________Illiterate _______Gr. School_ _____ High Sch. ________ 1~~ _______College ________Drug Addict ________Inebriate ________Occupation __ Employed ________Reason for Being in JaiL_ _,!_ ___ ___ _T -E~ _______ 1.._ _________________________ _ Reason for Release from Jail _____________________________________________________________________ _ --- J_-~--(LL_~---- Amount of Fine ..___________Cost_ ___________ Sentence Time ____ ____________ State ______~ _______County ___________________City ___________________Town ___________________ Federal. _________________ Army __________________ Navy __________________ Others ___________________ Miscellaneous ____________________________ABC____________ ______ _____ Ins. ________________________ Date Committed ___________________Date of Trial ____________________ Date of Release--..- _____________ 11 Court Committed From ________---~____ ___,_____________________ Type of Court_ ___________________ Transferred From _________________________________Transferred To _________________________________ _ Reason for Trans fer _________________________________ .._____________________________________________ Physical Condition ________________________________________Contagious Disease, If Any ___1J~t. ____ Fine After Prisoner at Jail; Amount to State$ ____________Amount to City$ ____________ Date Reported ________ ____ ____ ____ ___________________Deputy and Jailor _________________________________________ . ________Sheriff ~ ~ (l{Arw -I 3,v/ , . { ~/ 1>,y ~ i-1b ��~ I , J f - I / , r , ·~ 1,, ~ , ...., - t ~ ~ __Jc ( t ...: - I ---++ 11 I L -------+- t L �+- - '---------_l_ 4 ---------- --I- ---t+- 4 �STATEMENT DAT~___________ NAM....______________________ 194_ _ TO SAM 1--LCALLENDER, S~ERIFF DR. �-~ l \~ :3,~ - -....... -......, �This and the day came again accused, recognizance, of this the John R. Carr, and the case instructions of the the verdict, and after returned the jurors to set to tLeir of voluntary his pursuant heard came again is the contrary court "We, the jury, to the law and the in for G. C. Carpenmer, evidence R. Carr, the costs confined in the Penitentiary at hard days in order incident of to this of this However, sentence to allow of Appeals Court. the connnonwealth labor. of this And it the is defendant for l of the therefore recover of the prosecution, state sus~ended cou tAthe considered defendant, the of counsel for which •,.,. and that for a period to apply a writ jury, 1' .., ;.-1,t,,r is on motion and is wihhout of the to which action excepted. that of this the accused, at confinement and for misdirection by the court Court and as charged (signed) of their court find mans:aughter punishment overruled, by counsel, execution the argument into ~ months received room to consider in the Penitentiary. to sup_port it accused, the trial the accused, by counsel, moved the court and grant a new trial on the ground that the verdict of the jury/ixx~~Nxxax~xt@xxk~xxarwxl!m:OC the verdict motion to his and having and having some time they commonwealth, Whereupon, aside evidence court were sent and fix the and sworn for to adjounmnent; guilty months foreman." impanelled verdict: indictment, for came in person following John R. Carr, eighteen jury came pursuant counsel, the the attorney John he be term of eighteen for the accused, of forty (40) to the Supreme of error to the judgment ��IN THE CIRCUIT COURTOF ROCKINGP.A.M COUNTY,VIRGINIA COMMONWEALTH ) ) ) v. CHARGETO JURY ) CARR .JOHN R. ) If you find charged the accused, in the indictment, malice aforethought, meditated, and fix tiary his for find punishment life, and that that it find him guilty nor more than twenty If you find Caldwell den heat, find at confinement five ATTORNEY AT LAW HARRISONBURG, VIRGINIA him not guilty malice years. in the indict- aforethought, and premeditated, but then you will and fix his pun- for not less of murder degree, but that aforethought, actual provocation, of voluntary than five in the first he killed degree, Branson or implied, or in mutual manslaughter in the penitentiary and fix for not less combat, upon sudyou will his punishment than one nor more years. If you find LAWRENCE H. HOOVER as charged in the penitentiary degree in the peniten- than twenty in the second degree, with and pre- in the first with malice as years. on reasonable him guilty than deliberate in the second without was committed or by confinement of murder, of murder, deliberate of murder the same was committed at confinement nor of murder was wilful, any term not less of murder guilty the murder him guilty him guilty was not wilful, ishment it at death, or for If you find ment, and that and that you will John R. Carr, him not guilty, you will say so and no more. ��Commonwealth of Virginia, Rockingham County, To~wit: and acknowledged ~to --7~---- be indebted to the Commonwealth /-~~::_ ____________ to be levied of their respective goods and chattels, Virginia rendered, . ' ~- That if the 'V CJ , l< _ _c :-!-"-c _____ Ctiirnil A.,,,=-Court o f Roe k·mg;;h Trial Justice's 0 (I'{;'_ L _l _ Cou~..,t ~-~ lands and tenements, and they each severally waived their homestead this condition: of ~- of Virginia each in the sum of_ ________ _ 0 ------~-Dollars, ($_~~£2t2 _), for the use of the Commonwealth exemption to their recognizance; yet upon C~ _______ __ hmur~ __/_y_ p_ ________ .::Cerm th.et.~Flg-tbe ,ha II pecsonally appm befme the h ouse o f sat"cl County, on t h e ___ ,/_1~__________ clay L _________________________ , __, and at such other time or times to which the proceedings may be_continued by order of a competent of or further heard, and before court, then the above recognizance shall be null and void; otherwise to remain in full ��COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand for Court of said oaths of February, do present 1946, County, of the Commonwealth of Virginia. a witness term, against before the 8th day and feloniously did the peace and dig- is found upon the testimony sworn in Court and sent the 1946, upon on or about unlawfully nity in and and now attending February John R. Carr, and murder one Branson Caldwell, give evidence. ATTORNEYAT LAW that at its kill ders, HARRISONBURG, VIRGINIA County, in said This indictment LAWRENCE H. HOOVER of the Commonwealth of Virginia, the body of the County of Rockingham, Circuit their jurors of E. P. Lan- the grand jury to �Murder COMMONWEALTH v. ~ Term, 1946 JOHN R. CARR Felony: February ~- A True Bill: / E. P. Landers Witnesses: /1. foreman 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 John K. Carr 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 1946 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.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_014_012 Carr