6 20 1864 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_004_commonwealth-v-leslie-cook.pdf de0dc157ccc023ff6a6aaff10ff66ff4 PDF Text Text ' ._ COO!~, LES IE I ����✓ (11~ ~ czr~ ✓~~; ~ ' ~- - ~ 1 ~~­ ~~- ~~~~~- .. / 5~~~~~~ 3 ~/4?~ - ��, V • t 1 11 d yon or oil • y I 00 in JAMES ATTORNEY R. SIPE AT LAW HARRISONBURG, VA. ~ ls Gl O D lf h. to �3Cfl8 .H 83MAL WA.J TA Ylll<SIOTTA .AV ,;\)SIUBHOelSIHAH �ld • th ol br b ha . o old, h of my JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. nwEn.11:: �- - WA.J TA Y:!lll!ROTTA .AV ,QRUBll!OelRA~.H �Comp. Form 18 l STATE OF VIRGINIA H TY OF ;O No. ______ To-Wit: _ r bur, ANY SHERIFF OR POLICE OFFICER: (J Whereas, has this day made complaint and information on oath before me, (Name) of the said Count , that _______________ _ (Title) unty ~ ont did oo/ the....:.,..._ih,.__ ___ .day of_~!In=n~--'-1r•~-------, 19 l These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the 1 County Court of the ".said_~e>ttnty, 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 D color Address ---□ color ____ Address --------------□ as witnesses. Given under my hand and seal, this.__ ,.,,_; ... t,.... t,.,.____day of___ u_-..;-r,.,.... .,..-~-r-l:zz--Plr-·---~----~ 2 'rntie of Issuing r, Officer) (Seal) �STATE OF VIRGINIA-COUNTY OF _________________ I, a _ Judsc of the County Court Justice of the Peace to-wit: in and for the County aforesaid, State of Virginia, do certify that and --------------------------~ to the Commonwealth ($,________ as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of-------------------------------------- ), to be made and levied of their respective goods and chattels, land5, and tenement~ to the use of the Commonwealth to Circuit be rendered, yet ujl!on this condition: That the said _____________ _ Court ----, shall appear before the County of ______________________ _ County, on the _________ day of ______________ ~ 19___ , at ------M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that days the said --------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ day of ________________ , 19__ _ Judge. J.P. ..., ("') s· 0 >-:l ~ U) n, ;. t'I1 n, X "'C n 'O n s::: n, "o I;::, ~ c.. n, ;. Q. ... !::. < !" ;;; n, ::r __ in· n, ;. >4 >- (') :::0 :::0 n, "' 3 t, 0 ~ 5· ~ t;,:J (') :> 1-j 0 z>-:l ts: z ts: p 0 ..., z0 ~ 5· ::, s, ;. n, >- ~ :::0 :::0 t'I1 u, >-:l ~- ;. t;,:J > t" 1-j 0:: ::, n ::r ... PJ llQ _,. .... ::h ::, - r s, c.. ("') ➔ ... e. ..., 5· ... 0 >-:l ~ ~ 0 ("') 0 ~ 3 9 0 ::, ~ ... !!!. ;. U) :!' 0 .., ::, ... '< u, s::: 3 3 ~ ;n, .._ ~ ..., ... .. .. ~ ~ .. ... ; ..-.. ... .. 0 ::, "' 5· ;:. .... ;>I" a:: :> .., .., ;:. ... ... PJ llQ n, U) to ~ >-:l .., E ~ s::: c.. .... "' 0. n, '-< ~ 'O .... ;J n, ::, i:,,. i:,,. 8.. < ;;· < ;;- llQ llQ 5· 0 Pl 5· n, _i;;· F !::. ~ ~ '< a, 'O 'O n, Pl .... 0- ..... " ... 0 s, 0 ::, n PJ ::, ::, OIi n, n, ("') n, 0. Ein, n, ..., ::r n, ..... g_ n 0 :!! ., 0 ➔ fl> i'?s· (IQ 0 ::, ~ Ei,.. ::.· :!! ::.· ::, n, "' "' U) n, ("') 0 s::: \0 l :!! ;::. n,.... n, ..... n,., 0 ("') n 0 0 s::: ::, llQ ~ c.. ... ::, ;:.· n, �Comp. Form 18 No. _____ _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, --------'~'"""_.:..o:.~L~. n,...,,1§...._ ______ _ (Name) "'t of the said Countyr tha..________________ _ La .. nty 19 •mntity C These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the • ., nr 1r. County Court of th. s ict~ ounty, the body 1 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 ----------------1 color Address ___ color Address ______________ color Addt·ess ----------------□ color Address --------------- □ _ _, ·---□ _ □ as witnesses. (Seal) �STATE OF-----------------~ OF VIRGINIA-COUNTY I. -------------------- a to-wit: 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 ($ ________ ), , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of -----------------------------------to be made and levied of their respective goods and chattels, be:-rendered, yet upon this condition: That the said ______________ _ County, on the ______ of land~, and tenements ----, _ to the use of the Commonwealth to Circuit Court shall appear before the County day of ______________ ~ 19___ , ;.t _______ 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__ _..ays _ Judge. J. P. ;. ,. [rj X "%1 s· ,. "' ..., ... "' ., C n 'O "o ~::, ~ Po ... ('") 0 n, n ~ -;; ,. ~ < C Po ;. ,.::r ,. iii. o· ::, "%1 ~ > ~ ::, ::,-, ::, t_:tj ..., ~- 0 z ~ ~ ~ [rj Ul ;. ,. .... .., 0 z..., a: a: pz 0 ~ .,::r ., ~ l%j n ► 5· 11<1 _,. n ~ 3 n 0 > ~ ;. ,.. ., >t t, ~ > t"' .., :i:: ..... r 0. .,, s· ➔ ,. ('") 0 3 >-:I 3 0 ~ 3 0 ::, ~ ::, ~ ~ ~ "' s· OIi s- ~ 0 E en C 3 ,. e. :!" ,.5' 0 ... ,."' ::, ,. ~ .... ~ ...... ~ .,, ,.,. .. .. ~,. .. .. ,. ... Ei ,. ('") ;:. !( ;:. ... ., ;,;- ,. 11<1 > ., ,.... !! t!l ~ ..., ., E ~ ., 0. 5. ,. '< ~ "O ::, ., ,. :, Q,, < :;· a· ~ ., 11<1 11<1 ~- F ~ ~ .,0 .,, ., ... a· "O "O O"' ..... n, '< to 0 ... 0 ~ p n ~ ~ Q,, :, ., ,::: ., ., ., rt 0. ;. ,. ..., ::r "..... g_ 0 0 0 s· g g OQ QO Ill) ➔ Cl) ... ::r ,. ~ ::.· ! . s ,. ,."'"' ('") 0 C: -0 l ~ ('") 0 C ::, g "' ... ~.., .... ,. 0 .., ,. n - n, 0 OQ ::, ;:;· ,. 0. �Comp. Form 18 No. _____ _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, (Title) i . .., of the said . y ~.tY, tha~--------------- rt. did onphe ___ !_l__ 19~: day ofL-------=-"'------- Unlawfully_~a-n_:l_f_o_lon __ a,=0=11=,•l..,_t_ 0 to These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the furthP.r dealt with according to law. And you are also directed to summon: color ____ Address color Address ---□ color ____ Address ---□ color ___ color ____ Address Address ---------------□ as witnesses. Given under my hand and seal, this _ _,l=fi"-==------'day of__ ~-~~-----,,,,-----~ ;J: (Seal) �STATE OF-------------------, OF VIRGINIA-COUNTY I. a 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 ($.________ bt- rendered, as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of -------------------------------------- ), to be made and levied of their respective goods and chattels, yet upon this condition: That the said _____________ land5, and tenements to the use of the Commonwealth to Circuit Court -, shall appear before the County day of _____________ _, 19__ , _ 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 (If 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. ..., ~ (") 0 ~ ;. ... 'Tl Ei" ... t'?'.I ... >4 SO>C:: (') "' 1;;::, ... o. ... :r ... "0. ~ < s. (') "O (') 0 !" ;. ;;;· ... n ► ;. " t.1 9 ::r !! ,;- ti 0 ~ ::0 ::0 >z..., :::, 0 >- ;. ::0 ::0 ... Ul t-'l ;. :r .., so, oq ... _ .... ::t> :::, p z z ~ > t"' >-i :::i: 5· n 3: ~ t1' t>'l ~- 0 t1' >-i 0 '7j £. ~ n .... r ., a. '< c.. n0 :.?1~~ ::I ... ➔ ... ... ~ 0 ~ ~ ~ "' 9 90 ::, ~ ... ~ ;. :! 0 .., ... ::, Yr i:: 9 9 0 ::, 5· oq ~ ;... .. .. ... ~ ;... .. "' ._. ~ ... ... '7j ... ::, > ... 0. ... ::, 0. so, ::, ... n ..°'... n;, .., ;,;- .,. .., ~ .., ... ;, "' ... ~ oq ~ >-, .., E ~ .., "' .., '< "O n, ::, ~ £. < :;· < :;· oq llQ .F .F 5· ~ '< 0 0. c.. 0. n, .., "' ... ::, ., C: ci "' 5· "O .,.., "O n, ., ... ... er n, .., ... ..., ,.;. :r,. 0 £, • ~ ... £. '< 0 0 ~ 0 s· if ~- r,o oq ➔ u, ~ ;.: ;,. "' "' ... (") 0 "' .., ~,. .., ... ... 0 .., ... i:: '° l (") 0 i:: ::, ~ - (') C oq ::, ;:.· ... a. �Comp. Form 18 No. _____ _ 0 ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, ---------'==-=~~="'------- ,;:,tr (Name) of the said ~B&S,tY, tha~-------------- (Title) ...)- _______________________________________ ) ,:-1 .:., • in t_hesai<;lCounty "I. , did on/he_~l~1.,~_day of___ ~Doc~~~.£_ ______ , 19__ : Unlawfully_~~~~~~~":.Z__ I l These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the .~ . County Court of tbe~_County, the body ( . ..,·es) 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. Given under my hand and seal, this 1 ..t. 1 day of_u._--;;!"-" ..........,.,., ...?~1o,.,,1-~--,..-c,;., ___ ~., of lssu.ing Officer) __, {Seal) �STATE OF VIRGINIA-COUNTY OF _________________ I, -------------------- a _ Judge of the County Court Justice of the Peace to-wit: in and for the County aforesaid, State of Virginia, do certify that and ---------------------------, to the Commonwealth ($ ________ ), as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of -------------------------------------to be made and levied of their respective goods and chattels, he rendered, yet upon this condition: That the said ______________ of _ County, on the ______ land5, and tenements to the use of the Commonwealth to Circuit Court shall appear before the County day oi ______________ _, 19___ , ----, _ at ------M., at ----------------,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said --------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constirute a waiver of trial by jury. Given under my hand, this _______ _ day of _______________ ~ 19__ days _ Judge. () 0 t-3 0 ~ "' ;. ... ~c n 'O no ~::, ... o. ... ::r ... ... t 'Ij ::r ... E J. P. t'?1 >< ... n ~ ... < ~ 0.. ;. .;· > ~ ;. ... 3 5· !! t1 0 ~ n ~ n z> 0 0 0 z 'Ij ~ > ;. ~ ~ ~ ... t:rj t'?1 l::r t:rj ➔ a:: z a: p t-3 o· ::, X (fJ >-'l ::, > t"' ➔ :::i: n ::r .., _... ~ IJQ .... ::n ::, 0.. () 0 'Ij 5· t-3 0 E ... t-3 S?. ~ (") 0 ... "' "' 3 90 ::, ~ ... ~ ;. (fJ i:: 3 9 0 ::, 5· IJQ ~ ~ ;... .. ~ ... ... .._ t .., ... ... II' () ;:...., :,,;- a:: >.,... ii' ... ... ~ ~ IJQ b:l ~ t-3 ... ~ ~ ., .., ..., ., - 0. 0. '< .., "' a ... 'O ::, ~ ::, 0.. ~ 0 ...... < :;· < :;· IJQ OQ ju" F 5· ~ '< :, 0.. ,,. 2.,a, ; :, :!" ... ... 0. 0 ..., ... ::, ... '< .. C 0 ~ 5· 'O 'O ... ..., ~ ... ~ er ... ... ..., ;. ::r ... ... 0 ..., ~ (> -&t g_ n 0 .,, ~ 0 ➔ flJ ... 5· {;' 0 OQ g ::;.· 5 0 ::, ... ,.::r ~ !. ;... ..... "' () 0 i:: ..., ... - 0 (j 0 i:: ::, ~ "' ~ ... ..., ... .., ... n 0 OQ ::, ,r ... 0. �Comp. Form 18 No. _____ _ _____ _ 0 ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, ----------=-="-"-=c__::~~k=--o· iW (Name) of the said Couety, tha~--------------- (Title) ·t did onfthe __ •_=·'1~_day of . ,., :,.. ,, in tlie s2rcfC6unty ______ J. .. U'~J:"7 .oo These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the furtht>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 1i th (Seal) (Title .... of Issuing Officer) �ST ATE OF VIRGINIA-COUNTY OF to-wit: I. a Judse 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 sure\ _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of-------------------------------------- ), to be made and levied of their respective goods and chattels, land5, and tenement!' to the use of the Commonwealth to Circuit , shall appear before the Court County day of ______________ ~ 19___ , he rendered, yet upon this condition: That the said ______________________ County, on the ______ of------------------------ _ at ------M., at _______________ _,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that 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 ays ,19 ___ Judge. ;. ,. "1 () ➔ a~ t?l ,.r, X "'c::: r, 'O n o s· ,. 0 ~ < !" .,. C ~::, a. a. .... ::r ;. ,. "' ,. .;;· ,. > :::0 :::0 3 zf-j> s· o· :, ~ 0 !:?, "1 ;. :::0 :::0 ... r l::r I ::r .,"' OQ _,.. .... 0 '%2 ➔ 0 E ,.s· ➔ a ~ () 0 ~ "' 3 3 0 ::, ~ Ul C 3 3 0 ::, Er n DIii ;. ~ e. ~ 0.., ,. ::, '-4 ~ ;,.. t .. .. ~ ,. "' ,.n"1 () ;:;.., ;>I'" ~ ;. "' n (IQ > .., .., ,.. .... "' to ~ >i .., E ~ .,.,"' "' ~ 0. ::, I ~ Pl t:rJ ., t"" ::z: a. "' ::,, '< a. 8.. ,.. :, 'O a. g, '< a. 8.. < :;· < ::;· llQ llQ F' F' .... "' 5· e ~ tit i... a:: p 0 z '° C ::, 0 a:: z ,_ i5.. '<"' ,.. .., 0. ::, ,.s- ,.n"' ,. .... .._ ~ ., t:rJ (") > Ul f-j :, () (') > 5· r, tl 0 ~ ;. ,. tt ~ J. P. 0 "' ""' .., 5· 'O 'O ,.. C7" 0 .., ... ,.;. ➔ ::r "' - g_ n 0 0 .,, ~ oil:: ➔ Q D. s· 5~ ~ ;:.· ~;,. ,."'"' OQ 0 Cl} ::, ;. ,.. n 0 ., C -I '° l .. ~ ., (I ... .... ,..., r, ... 0 () 0 C ::, ... ::< 0 (IQ :, ,.;::;· a. ��\ �����My name is Leslie Cook. My address is Star Route, I am 15 years of age. Born - December 29, 19950 Hinton, Va. 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 19th day of January, 1961, in the office of the CommonwEB.th's Attorney, Court House, Harrisonburg, Virginia, in the presence of the Commonwealth's Attorney James R. Sipe and Deputy Sheriffs T. L. Martin and Go Mo Wilcox. About December 31, 1960, Nelson Ringgold and myself broke into the Mt. Clinton schoolhouse. I believe it was somewhere around 9:00 or 10:00 at night when we broke into this building. We were riding in Stanley Ringgold's car that night and Nelson Ringgold was driving. We broke into the building by breaking a window located in the basement door and then reaching inside and unlocking the door. After we got in the bu:iliing we took some chocolate milk from the refrigerator, softballs, softball bats and two jackets. We found these jackets and balls and bats in a closet next to the principal's office. I have one of the softball's and softball bats at my house and I burnt up one jadet . Nelson Ringgold took the other jacket and one softball and one bat. I don't know what he has done with them. A little over a week ago, a proximately January 8, 1961, Alton May, Gerald Sharp, Mickey Minnick, Russell Rhinehart, Jessie Via, Richard Hendricks and myself went to Galen Gupp's service station sometime early that night. We were in Alton May's car. Alton May and Mickey Minnick stayed in the car and drove up the road and waited for us. The rest of us got out of the car at Cupp's service station. Jessie Via and myself broke into the service station by breaking a window on the side of the building and crawling into the building and then breaking a door inside the building. Gerald Sb~rp, Richard Hendrick and Russell Rhinehart stayed outside and kept a lookout for us and after we got something inside we handed it out the window to them. We got some cigarettes, bologna, bread, candy, soft drinks and some money. We then got in the car and divided up the loot. After we broke into Cupp's service station we later went to the Montezuma Garage. All of us were there except Mickey Minnick who we had taken home. Gerald Sharp and myself broke into the garage using a skeleton key on the back door. The others stayed in the car and kept a lookout for us and after we took some 022 shells, shotgun shells, a quart of oil and some money, we took it back to the car and we divided this. About the middle of November, 1960, Gerald Sharp and myself broke into a cabin towards Rawley which is owned by Dennis Trobaugh. We walked nhere from my home and broke a window to gain entrance to the cabin. We took some candy and some knives from the cabin. I tlirew • the knives away latter. Rhinehart, Sometime about November 8, 1960, Nelson Ringgold, Russell Gerald Sharp and myself broke into Glen Eavers grocery store. �, .. ' ,, C - ' �- 2 - I was driving Stanley Ringgold's car. Nelson Ringgold, Russell Rhinehart and G~rald Sharp broke into this store while I drove the car on up the road. I came back and picked them up and I know they had some change with them that they had taken from the store. Montevideo. therein I have also tried to break in a service station at Nelson Ringgold was with me and we could not get in. I have read the above statement and the facts stated are true and correct to the best of my knowledge. WITNESS: �� 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 Leslie Cook Subject The topic of the resource Breaking and Entering Description An account of the resource Defendant charged with breaking and entering (note: physical key, charged as juvenile) 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_004 Cook https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_002_commonwealth-v-lester-glen-funkhouser.pdf 403ae3f6a4aece333e835ae0a06671f2 PDF Text Text G. H. Parent Co. Ashland, Va, F orm N 777 o. ~:::_o~_::::_t:f In the :: ::g::;::,. Circuit l --------------· Court of said to-wit: October county The grand jurors of the Commonwealth of Virginia, in and for the body of the Rockingham , now attending the Circuit Term, r9 53 County Court of the said of county LESTERGLENFUNKHOUSER upon their oath present that , or about first within twelve months prior to .the finding of this indictment, to-wit, onfoie July , in the year one thousand nine hundred and said county, did , feloniously kill and slay Paul three fifty Hayden day of and in the Keller, against the peace and dignity of the Commonwealth of Virginia. Upon the evidence of Trooper J. C. Hash, Alston Mongold, Roadcap witnesses sworn in open Court and sent to the grand jury to give evidence. and John Grover �~ INDICTMENT FOR A 1i i i FELONY COMMONWEALTH vs. i ~ ,Z...I Foreman. , r.7/?J LESTER FUNKHOU_SER ----------GLEN _______ .,.____ ____ - _ QJ~ILL -------'--1:_--~--- George D. Conrad Commonwealth's Attorney �Docket No. II ; d( JJ Jg·; . I COMMONWEALTH of VIRGINIA ) vs. ) Fel. (inv. mans.) ) LESTERGLENFUNKHOUSER .- Lawrence , Own H. Hoover (x ) Appointed 'f--J;(J.~ ( ) •. CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. ��COMMONWEAL TH OF VIRGINIA DEPARTMENT OF HEALTH OFFICE OF THE CHIEF MEDICAL EXAMINER RICHMOND, VIRGINIA ; LABORATORY NAME LESTER GL Medical Examiner r. J. C. Hash BY: DATE RECEIVED: 7/2/53 P. o. Box87 RESULTS: Volatile Poisons: Alcohols REPORT Blood (10 cc) for alcohol Material submitted: SUBMITTED UNKHOUS Report Harrisonburg, V • Acid-Ether Soluble Poisons: Blood: 0.02% alcohol Barbiturates Phenol Antipyrine Chloral Acetanilide Cyanide Salicylates Phosphorus Other Other Alkaline-Ether Soluble Poisons: Ammonia-Ether-Chloroform Soluble Poisons: Atropine Morphine Cocaine Theo bromine Codeine Apomorphine Quinine Other Metallic Poisons: Arsenic Strychnine Other Gases: Antimony Carbon Monoxide Bismuth Other Mercury Special Procedures: Other This is a negli ·ble aunt of alcohol. A COPYTESTE: -13-~------- Ghe~fffrey T. ann, M. D. , LL-~C ie Medical Examiner CME FORM No, 11-Reviaed 7-5i /s/ Sidney luJre Toxicologist Sidney Keye ��5. P. 82 .. REV, DEPARTMENT OF STATE POLICE /2ae k/v6 /1'A/ 1-ti-!53 to answer for violating the Motor Vehicle Laws of Virginia, to-wit: Reckless Driving I B 7-- 396301J /-.I Dat e----'----~~------ D VOJ.. LIIV Improper I hereby promise to appear at the time and place specified above offense. Failure to comply with this summons constitutes a separate (Defendant's Signature) ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT JURISDICTION, COUNTY, CITY NAME OR TOWN OF COURT DAT&: PENALTY IMPOSED APPEAL TAKEN ONo DYES IF DEFENDANT ING- CONVICTED OF SPEED- SPEED LICENSE SIGNATURE OF JUDGE OR CLERK SUSPENDED □ ; led by the Judge or the Clerk of the Court having Jurisdiction s required by Section 46-414 of the Code of Virginia of 1950. SPEED ZONE MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDING- This abstract TRAVELED I TITLE YES MPH PERIOD □ I NO DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fasi 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-50M-11-51 0FFICIAL RECEIPT FOR CASH DEPOSIT IN LIEU OF RECOGNIZANCE F RECEIVED OF BEFORE ��~~ ~ S. P. 82 • REV. DEPARTMENT OF STATEPOLICE t-6-!!i3 ~ County or City ________________________ M~~-------'---=--'--......_ __ (Defendant's ~ I n 1 hereby promise to appear v are hereby summonsed to appear J I /i I , at the time and place specified above / / 1,I ,r I ; ° µ / /Lf / _ ' o'clock.!__M. Operators 1 . N Chauffeurs icense Exceeding Speed Limit □ D Reckless Driving /_________ before: o,._f -"--''-'---'--'--'---'--~P'----------•O•~n-,1/~----'--~----------crt f_____ lo answer for violating the Motor Vehicle Laws of Virginia, to-wit: mproper Date _ _.:.__ _ -.J./'--------=L"---'/'-L/_-'-~---=---'='-'---You Trial Justice __________________ B__...3'-""'-'9 611<..-"'<3 ____ 0 l ___ D □ 1~ummons required under Title 46---Section 193, Code of Virginia. Failure to comply with this summons constitutes a separate offense. I Signature) ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ~ ADDRESS , 5. / CITY , / ~ I HEIGHT FT/ STATE / ✓ JURISDICTION 1 COUNTY, CITY NAME OR TOWN _,1/. OF COURT I PLEA s-r;T; / HAIR /1 □ GUILTY □ :~~LTY PENALTY I CONVICTED DATE OF I APPEAL IMPOSED I I I WEIGHT IN. /.) POLICE 'V / \Zh~lI/, 7-:RC")i/lrr srA I, I,, \Jt rl I I /I/ SEX R;c; / I A/L . 00 LICENSE PLATE NO. STAT.E { ,,,,,, ~ SHIELD /;/,"'.•·"- NO. .. "'K" ' Judge or the Clerk of thei-· Court having jurisdiction This abstractJililed by the of this case as required by Section 46-414 of the Code of Virginia of 1950. - IF DEFENDANT ING- CONVICTED TRAVELED SPEED OF JUDGE OR CLERK LICENSE SUSPENDED □ I TITLE YES □ No ZONE MPH MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDINGSIGNATURE SPEED OF SPEED- TAKEN OvEs PERIOD SUSPENDED □ NO I DATE J �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 �CQ.'llp. Form 18-A No.,______ To-Wit: TO ANY SHERIFF Whereas, OR POL #- C. OFFICER: 4/44A has this day made complaint ~nformation ' ~ J~ (Title)/}j/ on oath before me, /J ~ ~~ Gd;- of the said ~' /) ~ ~ I :__ _ -;4 ~ d? (Name) thatL---------"7"T"-------,-- Gv-m-~<() ~-4d~ 19_n: .;;;i:(.~~---, Unlawfully 0 7JI'T in ~ty ~./ / 4£~ ~,;1d - • These are, therefo~o Trial Justice Court of 1mr7md you, in the name of the Commonwealth, to apprehend and bring before the ~ to be further dealt with according to law. the body (11i'ffltcos) of the above accused, to answer the said complaint and And you are also directed to summon .) ~..cc.1..,.l~l~~~--+-~~~~~~--'-"_,.,.,{ color _L..}v~-color ___ _ color ___ _ Address ---------------□ color ___ _ Address ---------------□ color ___ _ Address ---------------□ as witnesses. Given under my hand and seal, this,_---'/'---( Seal) �OF VIRGINIA-COUNTY STATE O"'--------------------. I,-------------------- a that ______________ to-wit: Trial Justice Justice of the Peace in and for the County aforesaid, _ as his sure'------. and--------------------------~ to the Commonwealth ________ have this day each acknowledged themselves of Virginia in the sum of ____________________________________ yet upon this condition: That the said __________________ day Dollars to the use of the Commonwealth . Circui_t Trial Justice _, shall appear before the County, on the ________ of ----------------------- indebted _ ), to be made and levied of their respective goods and chattels, lands, and tenements be rendered, State of Virginia, do certify to Court o~--------------, 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 shall keep the peace and be of good behavior for a period o~--------days the said-:---:---:---------------from the date hereof. Given under my hand, this ________ day of ________________ _ 19__ _ --------------T. ]., J.P. tI1 ~ .. 0 •... >< n "' ~ ('"l s. ~ \ ;:t .. t'I ~ ~ !" "' i:i. ;. t:1 0 t'I t'I ("') ... >< ...... ~ ' ;s:: 9 - 0 0 z :s ;. t'I t.:i:.1 > r- ,, ~- ;. 5· ~ I ~ 'T1 >--3 "' E s· >--3 0 E 3 3 0 0 ::, :ll "' ~ (i 0 ;. ~ r.n C: 3 a0 ::, s· ;)q ~ :!' s "' "' "' 0 .., ::, "' '< ~ ; "' "' "' > "' ::, 0. ::, "' ("') (1) '--< (i ~ ;;.., :,;- 'T1 rt> "' ~ ;;l)J oq > .., ., "' ~ l:O ~ ~ E ~ .,., "' ., "' ::, l)J ::, i:i. - 'O ::, "' ~ Cl.. "' '< - 0 < :;· OQ •-· ::, p· l)J '< l:O .... ~ 0 C: ::, l)J "' "' '< Cl.. < :;· s· F 0 oq "' 'O 'O "' ., er "' 0 l)J - ~ ., .... 0 0 .., l)J "' ;. Cl.. "' "' "' .., s:: tll 0 ::, 0 tll " ~ \ ~ ~\ .. .... C, () \ \ >--3 ., [ 0 g "'-· ;:;· "' (i 0 ~ ...... \0 l ~::, -C: 0 C: ., 0 ::,(1) '-l=r "" -If> ..., "' E(j ;. .. ::i:: ~;\ ~~ i:i. ("') ~ .. z ~ ;:t r 0 t.:i:.1 0 5- b (i .., ("') ?! ~ "" ~ 3 5· (i 0 C: ::, g OQ ~5' (1) "' "' "' :ll ., "' t'I .. .., t'I n 0 Oq ::, ;:;· "' i:i. �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: anded, in the name of the Commonwealth to appear before the Trial Justice Court of said County, sitting -----.k-/_:tt._day of ~ , 19il_, of Virginia to summon _________ at Harrisonburg, at the hour of Virginia, :J.-. /Jj;..____ in said _ County, of that day to give evidence in behalf of...,Q.....,.•~i.-•---'--r_'4,._ ________________________________ in the pending _ case of _C:.._..,ti._ ......z!L""---------'---:------'-::-----'-------------------- ~ Subs. Clerk 7-52-SM-Garrison on �" .......... ~ !-,o.- . I I I .... :,;' p z 0 - _,., .,,(,A/• (,/l r r.J and explai~i .,._. ,, t'. H,y:J a ,, h c:,_ a memoer of urp_Qrt_;thW-80' r,£ le¥#' -by delivering :+ r:: Q 0 r:: rn .... ;:;· e. ~ 1--3 ::i. ......., oemg ······--··t9J:4L!! ..._n!'::tes C/:' :p. 1 f\ f~b ·~-i?._'?L_S J 1.1~al place of ab0f1~!~.7J.£~.J._~~ his fami1y above the age of 16 years, tace of abo<:te, Executed ( t ~ b ~~ ::s p, 0 0 ',:) r:: er (fJ (/l (/l 0 ::s ~ .... :< �12636 A Report of Witnesses for the Commonwealth Month Whose mileage and attendance of August were not collected by the Trial Justice before the end of said month. _.., Porte~rf B{ WITNESSES Lester Glen Funkhouser Com. vs. John Grover Roadcap 1. Fel. Pro. or Misd. Days ! raves X,-AJ' u.t,r- Attendance , Trial Justice. ;&i.erk Miles Mileage Total Fel Date 8-2 ~ 1 .so 18 .90 1.40 2. 3. 4. 5. 6. Com. vs. 1. 2. 3. 4. 5. 6. All witnesses all necessary grand jury. f erriage 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 ��Commonwealth of Virginia: . To the Sheriff of Rockingham County, Greeting: John _Grover Roadcap, Alston Mongold,. You are hereby commanded to summon ..................... .................................................................................... .....~P.-.~...r!; ~ ~.P.~.t ...:!..~ ....9..•.... ~.~.~?............................................................................ . 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 ..19.tlilay of......O~J;_qJJ.~.r ............................................................. ?~, 19 ... to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ..................... . v. LESTERGLENFUNKHOUSER who stands charged with a felony ~nior. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ~~~,C~~ at the day of. ...0~.1;;.<?.1:?.~r. ............ 19. !3.~., and in the ...J'.!.f3_1i?.-. THE SERVICB PRESS, HARRISONBURG, VA. ... l-.2..°tiP. ........ . �r ,.,,,,Nottlndln~ m ~ 0 I r/.l ~ ~ @ 'Cl H c.? H (I) t'l ~ 0 1 - In < ;r, ,(dtc&m s• .p al • al ti) 0 --r-1 •• 11)0 0'>0 rl O') r-1 P=-1 ~ (I) H (I) ,-l t!,:, 0 0 ~, .p.g (I) .p Ol (I) H / A#• • >~ ~ +,,,'>1>,:; 4 V,£4«4 t:2. ,,,,c f"~Of:fjft¢ /,t"C ,,'Zc(Y>J Arte ~, , by at hll UILII, dellvorrn«a a '-" at his u,11.a• by dellver1n« Cc?fftR <:2: .qC , ,df.,,,f&aesta4-t-~i2e...- I &XECUTEI)(~/4¼S~ IN THE COUNTY Or ROCKINGHAM BY DELIVERINGA TRUE COPY0 TO 11aJplace of ~!!,>-;f"-«t above the age, of U 1 famil¥ -n her. ,.d .p r-1 C\l Q) :,.. a 0 ..--... • m > 0 u 1g~ plac~ of abode, Executed true copy of thi~--- ,..~. hA,. \lSUal place of aboq~&::t"" his family above ·I') �OFFICE OF THE CLERK OF THB COURT c. A. e. No.• /7) E--4 ~ Received of.U-~~ For he account S ~ ~:R~~;:;:;~-~~.~.~~-·----~-----Y.f-_._, 19!.}N<! 10795 ....7:::.. .... ··,"G!.z!-::ttdd:~?.:sL .... ~, -----··-·--~~-·-·· .................-;,1'----· ....._,.,,····-··········-··-·········· ···-·-~.CJ_ ~ a ~=;r;=::=;::;::==========='==========I g ~ 1__ ~ ··································....... .. ··-· ............ I -4;._,J,L~~~~Q&~~~~:=:=-- 1-----------------1---1+ _ .......................... . .'0£J ................. _ ....................... Dollars 1-- AooouNT I AMOUNT �·-·-----·-------=- I -------'I-'ll_'_OO __ Hlfi ___ '>I_O_ll __ lilLI __ ')_IDJT __ Y1 Yl' O:J Geto . ~ ~_O_fO_N_'if_O ____ ')YJDIOOU .v.t: vi •JI I ~I ,- --•-.oH--.1.-.0--. oa_------=· TY.VOMA I fflO 1--1 --=-0 • ....,.,,, •• ~===~~~~=d ""',0 --=-• •I - i ; ~ 0 --t ---··· -,--,·-l --~-. i,~, ·, \ltq,(l ,__________ ,_____ - .. •- ......... ,_.,. I I ..;;..;=;...;;;.=='-.l.---------_;..--------------------------....:..-...l �TRIAL JUSTICE Criminal Docket COURT N~ 12636 A Com'th V. ~'~-~~ c.J_'a~ r~-?, ~I s ;t-Q.1 11 Appearance Date C~o'l/ /~ o=. / - ,:2 j - ~-j Trial Date _,,,,,,...,. r"/,- I' -,.2-?- ~ ~ <r<> j__t(fn �� 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 Lester Glen Funkhouser 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 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_002 Funkhouser https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_013_004_commonwealth-v-lester-locker-and-carl-turner.pdf 5fd5f770d69c14ee82c38ab844142fb9 PDF Text Text LA"'" D. OI•'l"ICJ,:S "\V AMPLER HARRISONBURG, COMMONWEALTH'S EARMA~ VA, ATTORNEY 1"-KF: N r- t? o .,,,_ 11,,'( ~Ii.~- L DfE'l?S ,He 1)£(!., f.J "IJ 7 oF /,t,,/fJJ: ��LA,\. Ol'FICU:S D. "\-VAMPLER HARRISONBURG, COMMONWEALTH'S EAU.MA~ VA, ATTORNEY I {-: -1. ��• 1··. ... .:l ,{ �0-..,,,t' 1o VJ/\./lit. .-i --'U,, J9cIr Jj.., �" I I l I ) �~rvN12~7f✓A hi N ~ n .r:;_9., J'IqJG • �.. --- ���IV tJ,- ~ r:iI • l1J6 'L ✓- I ���I I ! I I I I I ~ l I I ; \ I I !· I 1 > ! 1 . ~i I i I )1 I \ 11 , I I 'I j (i I I I il:\.i I I ' ! : ,• I I I ·, I ll \ i: I I I ��who stands charged with and ind cted for a felony--mis-demrmmrr. th,,-,~;: ::t. • ~ WUnm, ]. ~RT day of····-~--- •••• •• _,h,,ll not omit und" pmolty of £100. SWITZER, C/,,-k of ou, «idr:l!! J. ,t th, Cou,t Hm«,, th, ... :........ 19.2.G, and in the 1GJP. =1:;fr of the Com7nwealt')_ .I.}~~ THE And h,v, th~ SERVICE PRESS, HARRISONBURG, VA. No. 457 Ji ..... , ) Clerk �l.) ?') P; ?') 0 +'• ~p:; P; Q) q 0 Q) ~ H +' • 1..!) I I n I <D :~ I I N ~ rQ �to appear before the Judge of the Cfrc1~it;f?urt J..4;:t;t:.day at 9:30 o'clock, a. rn., on the .... say in behalf of the Defen'!a1}!}in of Rockingham J;;o~nty, at the Court House thereof, ~.k.:tf/.. of. .... . 19 j{Jo testify and the truth to the r._osec1tfio.!:13fthe Commonwealth against .. ············································~·····6.~ ....................... . who stands chargpd with and i dieted for a felony rnisderneannr_ And this..... . .. ......... ..................... shall not ornit under penalty of £100. And have then and ~~~ ~~ W#n,><, /. ROBERT SWITZER, Clffk of ou, ,~,t, day of. ... ~ ...... . 19 2Vi{nd in the .. / 1 bo ,t th, C=,t ye~/ Hou«, th,. the Commonwealph, ; ;(' ~ ~ ,, /L~~'~lerk {, THE SERVICE PRESS, HARRISONBURG, VA. FORM NO. 5 �Executed February 20, 1936 by delivering a true copy of the with summons to the following: Edctrd Jones, Herman Dofflemyer, r.:rs. Iv:amie He is ton, IDias. Himler, rrhos. D. Dofflemyer, Homer Alger, 1/Iorton Dof flemyer, Luther Davis, W. T. Shiplett, in person. _df 11/_~-Deputy For ~ i K r " J. Vi. Bazzle, S. rl. ~ C. ~i ~, �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to mmmon ...... ::::::::::::::::::::::-::::::::::::::::::::::::::::::::::::::~:::~::::2 who stands charged with and indicted for a felony mi&de11,e,mor. And this -~·-············ . ..shall not omit under penalty of £100. there this Writ. Witness, d,yof. THE µ_J • J. ROBERT ~~ SEllVICE And have then and PRESS, SWIT_ZER, Clerk of our said.;:J)rt, at the Court House, the 1,26,m,dmth, HARRISONBURG, VA. I J .. . /h:;:~~ C/?,k FORM NO. 5 �tn s. Executed by aetvingi·~-l}- a copy of the within Summon This 26th Da,isf Fe?ruary 1936. L. Wa.lton, in pGrson. 1 By g~-.dl7r-._=-sbBrif£ -----l-?2-~-Deputy Sheriff of Paze Co. j ~ i ~~ ~j'\) ~ �In the Name of the Commonwealth of Virginia: To the Sh riff of Rockingham You are hereby c~mmand_?,'to summon ..0- ..,6.... x~.L:4:.... ~- ..'1 .. .L/~ County, ...J?J.-!........if..~ ~·:·~~ eetingL.,--: .. ........... ~~ ..... //1:...c::... o.(~v.:::. . ..~~...d.~.JJ:···~·#~·~· ··~/-,l✓.···7A-4~······<V/,J.~..~.....~ 1.(~·····(/r···,a···~~.~ ..?.J-~ ...(.~) ,!~:.~~~~~ ,t 9,30 o'clock,,_ m-, on _ 19 _ ?t:;' tb,./t?._'i[io/ ___---~~-------------- to testify and the truth to s y in behalf of the Commonwealth against ........................................... . ················································~···~····················•····················•························ who stands charged with and indicted for a felony ..:miule:mca+i&r-;- And this ...... ~ .......... shall not omit under penalty of £100. And have then and there t~is Writ. / . ~Witness, . ROBERT SWITZER, Clerk of our satd-JZ.t, at the Court House, the ...?: ................. . day of ..~ .......... 19 .. 1.4, and in the 1 J 1. . ~ 'P)r oj the C;imo .wealth. J--zt.::~... I THE SEK.VICE PRESS, HARRISONBURG, VA. No. 4H . . . ····/f·+✓._, Clerk �Executed January 27, 1936 by deli verin a tr·ue c copy of the within summons in person to the6 following: . Dr. F. L. Byers, LI ■~. Viser, Jos. W. Baz~1e, ;1.~.Luca6, S.V.Shifflett, John Logan, J. H. Boice, Clarence Lenke, c. Overton Lee, Lu~ton Kaylor, W. (. ~rill, Dr. N. J:.:. Canter, and Chas. W. ·o'east. a;;i;--s~---Deputy . . . ' ~' (, ~ ~ ~ ' ~ .....___ J~J .:JJ Uf i ~ ~ 7-~ft7"--T"~fi--~r ·------r~-li~t:--·~-~-% ••--r•~JZ~ft\Jf r' ~wwn~ -•--· {,t' I~~ i. ? n /Jc1A{l8;,.J Iq I ,- ~\_ C' ') n~..., �In the Name of the Commonwealth of Virginia: '.I'o the Sheriff ~a;e hereby commanded to Sttmmon .. ~.;;(.~ of ~kingham CountY. Greeting: cJ~.~~.!7r.~.z~ ~...rA~~ .../Ji.,ULJ..(A.~ .... //~·1··~;;~··5!!.~/g~~ ~~'/~~.~~ ..&.[,.(~ n~···~···~·~··~~~.~ 11~;···?.l~ ...~....~, ..~~ ..~~~~.'~..~..... ~ ~ ..?J>~ ...............~Y.~, t~ore t~of the C~r;!/ ~_!!ttrt of Rockingham County, at the Court House thereof, at 9:30 o'clock., a. m., on the ....o!.//~ay who stands charged with?nd And this ............../ indicted for a felony . J-.ROB RT SWITZER, Clerk. of our sa~t, ,t ,J,c 19 .¼,.. J ;. And have then and ¢ . Witness, ' testify and the truth to mi&demefmr,r. .............. .........sh~ll not omit under penalt)t of £100. there this Writ. d,y of .... ..~~ ..... 19 ?tto !be/ 4 at the Court House, the . /7 .......... .. ;rtE:1::::zz::~d > C/,,k I THE SEllVICE PRESS, HARRISONBURG, VA. , FORM NO. 5 �Ql-rJOO CD I-' c+ 0 "i O I-'· "d t?::l X (D c+ «: C/J«: Q 1-i p, i:::: s::: t-1 0 c+ p, <j O HJ (D CD I-'· Pi p, CD c+ t:11::!tip't:rj Executed Feb. 19, 1936 by deliverinr, a true conv of the within s1ilmmons to the following: Gordon Loker, Noah Rodefer, Herman ;eybright, JL ck Baugher, .t aul Taliaferro, Lae ~:illiams, Christine 1Ulliarns, nellie ,Iilliams, in ~"erson. 1 ' Foot" Thom,;; not fou:~y bailiwi~ck. 7 ~ {' . cf_ P, P, w P, CD CD <: C/J o' u :-.:..:g ti en Pl I-'· S::: I-'· u !J:.,fic+PJ p, ti ::r ti CD I-'· '<l PJP.~1::1 (IJ O I-' Id I-' r' en ill ~ ~ u -=)P-Uo---- -3 • rt. C • CDJ-dQiw "i ::r Pi CD I-' Utl:PiO~ $2} 1-i'" 1::1c,;J 1-rJI~ 0 ti I t:'. ~ <: -~ en O'l en P, CD c+ o' ~- CD t-1 '<: 1::1I-'· e--- P'l c+ p, '" ~ • CD I-' 0 ::rCD (/) t-1 CD I-' 'O c+ 0 aJ Pl ~ I-'• I-'· ~ t:1 I-' p) w (D (/) "d • s::: .. 0 :::, (1) •"1:..:;:5oq N N I-' CD ~«: I-'· CD 1-i Pi HJ <: fiOCDOCD en c+ 1--.fI-' "i 0 :;:l'w f-' I-'• c+ 1-'(Jq Pl <: •• c+ I-'· t--l "i en o i::::• '" Pi CD "i '" CD �In the Name of the Commonwealth of Virginia: You are hereby commanded to summon ............................................. ·...................... :..................................... . ::::::::::::::::::::::::::::::::::::::::::::::::::::::::"IJ;.::::J/..::::g to appear before the Judge of the C~ Court of Rockin ham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..... ./tf............ day of ...."6. ... ..... ..... say in behalf ... 19.3.l to testify and the truth to in the prosecution of the Com1 nwealth against ...................................... . of the Defe11da11t :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .... who stands charged with 'ffd indicted for a felony And this ..............-&/.. misdemeanor. ............... shall not omit under penalty of £100. And have then and 4 ~~~ Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ...r ................ . d,y of ~ •• 19,J k, .nd in th, • /fd Y'M. /:/t'.:Z:Zc'.":ea ""lt,-c;h~~':7..,,.:~,-Clerk 1 THE SEKVfCE PRESS, HARRISONBURG, VA. FORM NO. 5 �Service this 8th of within surmnons is hereoy day of li'ebruary 1936. accepted ~-=· ~ ~ ~ t. . t ' '- I:::.. " ~ \"-. ~ft �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereb~ commanded to mmmon ................... ..................... . who stands charged with d for a felony 11mtktnea~ And this............... ......shall not omit under penalty of £100. there this Writ. W#nm, doy of • THE J. ROBERT -d-f ,J__/ SEK.VICE PRESS, SWITZER, Chk 19 J Y.nd HARRISONBURG, VA. of ou, ,.;a in th, /lb ~ ;t And have then and th, Cou,t Houu, th, / 7 ft_, 1z:;t:::;;r;t:~it;:;,f-d"k FORM NO. 5 �Executed the within summon on the within named Virgil Nelson by delivering to him a true copy thereof in person on February 22 1936 in Pendleton County. ~d?cJ<J4/ ~ N. D. Ru~e:.. Deptr(y:or .. \~ ~ ~- ~ ~~ ~ ~"' •1£ 1~1 "" i ~ l ~ ~~ ;1 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: Yo1t are hereby commanded to summon ..................... .. to appear before the Judge of the Circi~rt at 9:30 o'clock, a. m., on the .... '?:.&.~of. say in ~eh·a·lf.~f.~~.e of Rocj)ngha'":1 County, at the Court House thereof, ... ~. .~.~'.~~~~~.~ ..i·~--~·h·e~.C~~ .19 ff.Cto testify and the truth to .. who stands charged .... shall not omit under penalty of £100. And have then and And this . . r~ there this Writ. _.,.,~ Witness, f,.;ROBfRT d,yof. ~. SWITZER, Clerk of our said_2!J!rt, at the Court House, t~e 1,'l£,.. J;n1h, /b07/ij//!J:::::r~ l;z;;_ THE SEN.VICE PRESS, HAl'lRISONBURG, YA. -::r_ FORM NO. CIMk 5 �-..... .,. , -. - - .. .............. ....,\ ..; ~ \! �In the Name of the Commonwealth of Virginia: To the Sheriff of .&;icl~~- County, Greeting: Yott are hereby commanded to mmmon ................... ............................................... . :::::::::::::::::::::::::::::::::::::::ef??J:.::::::·: .. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::-;t.1~;;-:1.;; n,T. ... vr.= • .-..-...-C.-,.,C.'"71. / ························································ ..................................................................................................................... to appear before the Judge of the C,i'j!)!!.;Court of~ngham at 9:30 o'clock, a. m., on the ...0.-,-!/-~ay say in behalf of the Defendant i, t1 of. .......... . County, at the Court House thereof, ~ .. ..... 19 .?...¼i testify and the trnth to the who stands charged with .J!l1d indj_cted for a felony mis..de:mean-or. And this ........... ~ ............. shall not omit under penalty of £100. And have then and there this Writ. day of. ..... THE SEK VICE PRESS, HARRISONBURG, VA. FORM NO. 5 �Executed Campbell, by d.elivering a copy of the within summon on R. M. in person. 'fg.is 18th day of February 1936. ,..] ' ✓/~~Sheriff Deputy ~ l ~ ~ J ~ Sheriffof Page Co ~ " ~~- ~1 �In the Name of the Commonwealth of Virginia: To the Sheriff of ·Rockingham County, Greeting: Yott are hereby commanded to sttmmon .. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::: ........ to appear before the Judge of the ~1~itrt at 9:30 o'clock, a. m., on the .. ~ T~ay say in behalf of the Defendant of RocJiJ1g~1mty, at the Court Home thereof, of .... ~ ............ :... 19.2.£to i1~0S!£!:!.!}_on ~~ealth testify and the truth to against ....................................... . ························································~---~-~---······································•········································ who stands charged wit and indicted for a felony 11'illJi.emetmor. ...shall not omit under penalty of £100. And this.. And have then and there this Writ. Witness, J. ROBE. T SWI'5,ZER, Clerk of our sa~t, d,y of d,1,,.. , .. 19 , C,.nd ;nth, / ~ti .... THE SEK.VJCE PRESS, HARRISONBURG, at the Court House, the y,~ ....... .1...... of;!:.' Cmnmonwe,lth. . ......• ,.. ·• .••. •···•••••• VA. -~- .......... , Clerk FORM / NO. 5 �Executed by delivering the within summon on"Foot"Thoma.s in p:erson this 19th D~~f Fe uary 1936·•· P#h.,,/. - ~".dd::::::::.c...,,.c.~l...sg,!1er 7$,11,~~ Deputy Sheriff ~ ) ~ of Page Co. i ff �In the Name of the Commonwealth of Virginia: To the Sheriff of-c0GK-l)lj!K You are hereby commanded to smnmon .. ................................................. . who stands charged with and indicted for a felony 1nisJem ~ .......... shall not And this .....:... or. omit under penalty of £100. And have then and ~~~~ Witness,,). R(!BERT SWITZER, Clerk. of our said._jjl_trt, at the Court Home, the d,y of ~ 193 bnd in th, Jr):e:z::;~ .2. ~ ~ Cle,k z, THE SERVICE PRESS, HARRISONBURG, VA, FORM NO. 5 �Executed By delivering a copy of the within summon on John R. Booton T. J. in person this 24th DiY of February ~jJ±:::_,_ 19 36. By __ J j1J __-1.f.:._ L~-d..--~-=--=-=-~----- J~ i~ ~· 1 ·~~ ~1 �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 misdemeanor. And this ..~ .................. shall not omit under penalty of £100. And have then and there this Writ.tl Witness, ]. ROBERT SWITZER, Clerk of our sai~rt, ~ d,ry of. • ••• THE SEllVICE PRESS, • 19 }(,, HAR,RlSONBURG, .nd in th, /.,~~ VA. at the Court House, the .. J.-:.~!,.__···· . ... • Cl"k FORM NO. 5 �=E ;:; ':1' ' , :, :) :, (/J C :l ,., ~ 0 C �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to mmmon ................... ..................................................................................... . ;;tz;;;JJ 41c/i;;;;;) ........................................................................................ to appear before the Judge of the ~i71W,,"t at 9:30 o'clock, a. m., on the ....~l:j say in behalf of the Defendant ·················· ............................................... of R~ham ......... day of. .............. , .................. . County, at the Court House thereof, ~ ...19;:Jbto in the rosecution of the C~nst testify and the truth to ....................................... . ............ . ·~··································•·•·················"···"·· who stands charged ~vittand i7dicted for a felony 1r&-tlem·ewrn:Jr. And this ............ ~.............. shall not omit under penalty of £100. ~~~ Witness,). d,y of THE And have then and _J RO~ERT SWITZER, Clerk of our said!};[!.; at the Gou.rt House, the ...~~\. ~ SER VICE PRESS, 19 ... 7{.,,,m1 m th, Jz~~ HARRISONBURG, VA, rrk FORJ-.,[ NO. 5 ��{ In the Name of the Commonwealth of Virgini~: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .... ............. . :: ;~;:':.~;:::: :h:/:.•:h;;;~:;:;c,.,t f;;t::::t"•ty'.. ,t th,c,u,t.~'"" to testify and the truth to say in behalf of the Commonwealth against ,~';1: ................................ . ::::::::::::::::::::::::~~: who stands charged wj_)nd And this ......... -~ indicted for a felony mis-demeMIM. .................. shall not omit under f1enalty of £100. And have then and ~~~ Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .. 4 !. ................ . J,yof •••••• ~· 19,l{, ,nd in th,Mfl .}f:td~ ........, Clerk THE SEH.VICE PR Ess, HARRISONBURG, VA. No. 4H �Executed copy of Dr. February 9, 1936 by delivering a true the wj_ thin summons to the following: A. C. Byers and Randolph Breeden $ ,.--- ;:)J,_1,_~epty For \S ~ \~ ~· ~~ ~ I ~ ~ J. 11. BazzJ.e, s. R. C �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: of £100. And hm You are hereby commanded to mmmon ............................... . who stands charged with and indicted for a felony mis1le1iu,m01. thm~::. ::;_ Witness, day of ..~, THE --~ ••• ,h,ll ,wt omit ""d" J- RO,,BERT SWITZER, Cle~k of our said.z_,t, .... 19 i.tq and the d:J a ..~~nr SER VICE PRESS, in HARRISONBURG, VA. No. 457 p,Mlty at the Court House, the .. o{ the Com;non"j:falth, ;t~~ 1 th,~ 2-...Z ........ . ) Clerk ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .... ............................................ . ::::::::::::::::::.:···•••·••······::::·:·:· ..:..::::.::rP·~:~~;)· And have then and ~~~ \Vitness, d,y of •• THE b ROJjEifT ~• ~ 7-£..... 1f ~~ ' Cl"k SWITZER, Clerk of our saidm, 19 $, SERVICE PRESS, HARRISONBURG, VA, and m th, No. 457 6 at the Court House, the .. �~ .. > 0 :., ::, ~ ,~~ .~ ~ ' �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to sttmmon ........................................... .. ...... :¥_:·..=:.:c~.::::::::::::::.·:::::::::::::::::: :::::::::::::::::::::::::::::::: ::::::::::::::::"1/~~::~ :: ;p:::,~;;;~: :$~""'.' ~•uu .t°.~.o1J::;;;;~°.i~s·t··::::::::::::::::: ............. :::::::::::::::::: :.h:1,•:.•:h~tJ'ti:;:; Cou,I of 1::;~ t.o..t~s'.if~..~·n·d ..t·h·e<r.u.t~ who stands charg?d with and • dieted for a felony~~ And this...... . .. .............. ................shall not omit under penalty of £100. ~~~ Witness, . ROBERT SWITZER, Clerk of our said~/rt, d,y of • •• --~-. THE I I'., , ond ;n th, I }rza::;::;~ SEN.VICE PRESS, HARRISONBURG, VA. No. 4)7 And have then and ~ ~ ....... at the Gou.rt House, the ....?.-. .. ' Cink �Legal and timely service accepted this 27th dw...Q! January, 1936. ·1 1 ~ ~ J j} ~ ~ " ~~ ~j "~ �to appear before the Judge of the C~ourt of Rockin am County, at the Court House thereof, lJ; at 9:30 o'clock, a. m., on the . ...~O.. .......... day of............... ................................... .................... 19 .. ~.o ..t~~t.if~..~~::: ..~r~.t~~~?J:..:::J::::~.~~·h·~~.~ who stands charged with a felony misdemeanor. And this you shall not omit under penalty of £100. And have then and there this \Vrit. Witness,~RT d,y of •• t c , ! 'if!J::d'"'~ SWITZER, Clerk of our said~' • 19} (,p,., m th, I0 l~~ TH& SU.VICI. PJ.ESS, HAaUSONBU1.c. 1'A. at the Court House, the ..../. ~.E Ck,k ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .... ............. . who sta~ds charged i»·ith my! indicted for a felony AnJl this ... ... ~. .. 1~ ........... shall not omit under penaltJ, of £100. And have then and there thlr Writ. ' Witness, ~T day_of \ ... ' . SWITZER, . . Clerk of our said.;t;;,rt, at the Court House, the 19. 5 ~and in the 1h a·~-,;ar of the yomponweaJth. 1..-'f/~~~J-THE , SERVICE PRESS, HARRISONBURG, VA, No. 457 ...., Cl"k �E~ecul:,ed 1l'~bn1isry 1, 1936, by delivering ._ true copy of' the within surr-mons t.o ?7alter H,dston, in pF:lrson. -d?.J:'~;;;-:~--:..:.. F c r J. __De::,uty W. Ee.z z 1 a, S. R. C. \:) " ~j ~1 ~i �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ..... :: ;~~:a:,~;::;~~:.h:/1~:::h:f;;i::1~; ~~~~C~1t1i'.1.' ..a.t.<~e to testify and the truth to say in behalf of the Commonw/alth against ... ~~~t~t ..~ouse 1:he:;~ ..................... . ····::::::::::::::::::::::::::••·····:::::::::::::::::::::::::2J;;;I'~. who stands charged nd indicted for a felony -mi~ifeme-t111Br. And this. ....... shall not omit under />enalty of £ 100. And have then and there this Writ. . , Clerk THE SEK VICE PRESS, HARRJSONBURG, VA, No. 457 �Legal and timely day of February accepted ~ \ J~ ~ \ ~ ~ this 8th �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You arc hereby commanded to summon .. ............... . :::::::::::::::::············::::::::::::::::ez;;::~:: who stands charged with aJj indicted for a felony mis-tkmffl'1'lor. And this ............... ~ ........ shall not omit 1tnder penalty of £100. And have then and there this Writ. Witne~ day of ....... ROBERT SWITZER, Clerk of our said Court, at the Court House, the ... /J ~ ........ 19.?r;.,r and m the IU?.£1.~~f ·.i·~/.~lerk THE SEK VICE PRESS, HARR.ISON13URG, VA, No. 457 ~the Comn;onw,1-th. -a..... ... �I ;. S :f :;- , C/J 1 C: .. 3 :, 0 :, 0C: :, ::, ~ 0 'O �In the Name of the Commonwealth ~~ of Virginia: To the Sheriff of ·egi:iam County, Greeting: You are hereby commanded to mmmon .. ...................................................................................................... . to appear before the Judge of the Circuit Court of :;.c,gham ~. at 9:30 o'clock, a. m., on the ........./tl.4.day say in behalf of the Defendant County, at the Court House thereof, of ... . 19 .:??to testify and the truth to in the prosecution of the Commonwealth against........ .............................. . :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: who stands charged with ~nd_ indicted for And this .............~... a felony misdemi-aeuQr ....... .... shall not omit under penaltJ, of £100. And have then and ~~~ Witness, J. ROBERT SWITZER, Clerk of our said,,9ourt, at the Court House, the . d,y of THE -?&,,nd ~19 SERVICE PRESS, HARRISONBURG, VA. in th, //,d~,f:t:l"'"' on~" ~ Z.......... . h ' Cl"k FORM NO. 5 �Service of the within surmnons is hereoy this 8th day of February 19jo. CJQs& ~ '-.. '\::,_ ~ "' ~ ~ ~ ~ :( ~ accepted ' /Jlfh I �V @~~~~~~~@ . - PHOTO FINISHING Order No. -------------[ Amt. Paid. ] Print _________ of each Name _____________ . ._____________ --------·-------------------·---·--------- !. . Address.________________________________________ _ These Photos were care/111/yfinished, each print getting individual 11ttention, Josecurethe quality. Extra PrintI cost so little, but mean so much to your friends. Let us make re-printJ from your negatives. Films Developed __________________ $__________ (.___ _ _____I ______ _____________ Prints at ____ , ___c each ________ _ -· /f --- --- -· -- - -- ----- ·~__, ___________------ -- {_ -· - 61/-() --------------- DOVE PHOTO SERVICE Fine Developing and Printing of Kodak Films BROADWAY, VIRGINIA @)~~~~~~~ �LEFT HAND 8. Middle Finger �CZ �����������6. Thumb �6 ��V :, ��OD l �������,. , , ~., ~~ .. - -- 6 t ��- -· .... 6. ThurnL Ii --·....... ~~ 9 1 -~\ . /tJ 1/ ' II ~ I ~· ~ .:11<1 b ,0\ 1 ��8. .. d . ; r\11 ..cue Fino·er b :-,,,,_~"'ti!Ui.tW 7 ·~,., . .. 'Ti [, I ' /'! ' ·,. 9 / ~ /i It ·,fl, ,,_I , ;;r ~ -..,,,,,,_JIJ ,./ v JI \ ~I--- I ,1- �~ IA �8 ri •• , .,. F. ;.\11aG.\e 1nger l.. ,_.,....,,-,.~?:!"'Ga~a;.~~ - , t 7 \ I ������• Agfa Plenachrome brings New Beauty to Your Pictures Plen1chtomewlUgive you I new thn1 In picture- taking.Itshighly orthochrom1tic quality reprod.ce1 in bl1clc-1nd-white tones the color velue1 your eye sees 11 you snap the picture. Its extra speed and latitude compensate for wide 'Hri1tions in exposure. In the early moming or late 1hemoon when the light Is soft end ,h,dows are delicate, this perfectly sensitized filmallows you to get marvelous m1pshG11 that capture the true b11uty of the scene. Get I rollfor your camera. A9fa Plenacbrome 8 good pictures out of 8 �<f f t' ~ l:. '> ~ Q "" ~ , ~ .... . " P) q... " \, ' \S .:t' "it ::i ~ ~ ..., ,, f) 1) ~::=:::=~---========~ �Janu&ry ~tatement To: Mirsinia of Carl 0tate 6th, 19i6. 1O:45P.I.i. Turner. rroo~er ~. Kiser, Corl .='urner, you. ue in Police :Tepd.qnarters, Eagerstoi'fil, lid., uncl the....,e men are :::'rooper i:;. Kiser, . 1et. 0h"pt1fan, of the_ ..estern :.:uryland. 1-i.tilv-ay, C. 0. 3aker, Gou.nty _!_nvestigator, for .J. shjng.:t..Qll_Count:r, I.:d., Detective l'ctcrs and Cupt. C. G. bmmert, Chief of Fo c • ' • _ e goi g to c1 u.e2tion ;rou Pith reference to the sho(Jting of John Lo __er. You have a legbl ri.o.:ht to refu&e to ruis,,·er any c uestions thE't nay be as1~ec1 you. ....Any statement you give mr:rnt be given freely, voluntarily Ln,1 w_ithout E.ny threats or )romises o-r re wt.rd be inc mucle to ~rou by nryonc for the purpose of obtc.ining this statement l.na •..1th che 1-no lecige on yoar :,oart th[ t this statement may be used D{"e.inst you. .,ith these f2.ct s in min cl do you desire to E1nsver rr1.e0t ions asked of you? 1 A. Yes 0ir: U.. ·.:hct is ~-our full ncrie'? .... Carl ·.,illi£lJ'1 Turner • • 1:01 olcL are :.rou :' A. 25. • ·,,here tlo you live? A.El:tonVa. Q. Can you reac'. , ncl i"ri te? -· ro sir. Can ~rou Ei{"n :rour nc.me? ..,.. 1 thinl· so, .rith a :pencil. ¼• Do yoL1 fn.lly unc"..erstc.nd the statement l'ead to ~rou? .,,_.Yee ..iir • • Carl tell us, in your ov;n 11ay, v:hen oncl ,;.here ~rou nlL.n. ea. to rob und. kill Job:. LolTcr, End \-.r..o yoD. nacle the plcns ,.;1th. ~~o .1ell ,.o plt ..J..11ecl this on ✓ tl.L"lG.c~Y Lolrer to ro over c.ncl see i::- everything -i; a8 alricl:t. cm :..onclc:' rd· ht n~ p·ot cl:.icJrcns fror.1 m;i.- brother ~,m. is o11cl on thLlrSU."J r.i 1t ~;e rot cLicken:: fr)n ,_iss ~ .. nie ./n.zicr, u.cl on _·1·iclay r1ir·ht w2,s .rcn tL.e :ro·) 017 P::::: clone. :::,ester :iol~or ,,nC:. , 'broke ii.to t}!e hoase ar.d ,.e se&rcl::.ecl the l)LlTCu.ll , 1~110 ._r. "oJ..r:or , ere in the field. le uro c t.. t::cun_,. o 'en. e ~-·ot tuo tho L1sonC:.d.ol.1.1:'.l'C. . o too , L. colcl c' ire w1c: , r n t n e .,.ot nd. n ~Lell in tLc C:.·cr ..,e:· clrrn er. JC', tcr :::o ~n1• .l[...C.. ~ is Lm nd. too - . .. r. J1'-:11 :o}-cr'l. ['Lm :-J. ,·ert over to tl :.m sLec", --ot L\D in tLe \ ......rn bed. ~ ester Io ~er ·ot t11 i1" -:;he n. ·)f'l' • l,.,. 1:. bcr• T r,t8.:-cd. do1,n olo, ... r. ~0,01 co11e b~1 ,r Lcrter Lhot Llm ...nJ. I tolC 1 h1 i '· he 1isqet l in 1 , oul" r•it 1 im. ·, o ' ot ~ .rec> htl.n,· :teC co 1 ~.G.rc of:: i.::.n, then rnnt to r:·r L :·0110 1., 10-"t Io ..__.~ ',ere r nd. 'c , eLt 0"18 ~ .. c :!: • r. t o to r.i. ic ,ill ..i&ms. e c nh too: ,Jrt t i•t:..tn or Ts '.id tLe re....,t. e 'r1~ L.1w:.·· on 02.t11ru2x r:. .:.·ht , '\ • r t , O Cl1C' o· , ' t . :· t .c f'l OU, 1J JlH'h t c::.Jlls.r -for 9F3ccntr, i--:cc ""'' 0 • ono. 'o ~ot :- int of ;,r',i[.'·e~' irJ J John -~lgen, .. ct'L.' o··8ville. n cor::1e 1::.or:1e.....r f at::.,'cf ::.t r,., _, i..c ,1il lig E al1.i ·1·t. JllCl J_c't o::: :.r ton too~ l f' over in G. t, ::::i cab. c left t; rnre nr ,J•:. r [.,, o:c ir:; 7 '.1. 1 ,, JJ �·f •.. I .a ..e1 • ~ ,. ( .:rJ : Ol • 'I0fi'IJJ nl -1 tcev:-L .. -v;t • l,..; . .61 • '--' '-: OJ0 ••• o j ..,J.t.ln·3 . -:c!3 [olI 11,i.o j t'IGu'IU_ e.._.0.rlj bn e ,Ju1ffi J .. l d'ae . orfti -:ro± ,'Iv,. j-:comm.'.!:.-8 .~ .,~t.!Hll0 .eoL.I . e i j od e o ,AL3 OJ 9a!J.,_8'I v..i: JJ.. :rn0' • a ;t.130':Crl;t n 1 j' rlj I o r no • 9 :t 'IO G"'fan v r ~io1 OIT t II . Gf 11'! " ;o J 0 .evU ~ej-..i:•.r ., IJO 0, 0 r ·:cr;o { t • , no: (J ) ':)'! • ~ JJ ( '0 '; •j ..... 9'I ·r C 4- • • V _[ ... hln no .. "J ,. . cf ~'-- . .. .. �l • ·nt Tr, ·,ere c<r en ,ent to _,~kton, ·ot ;t_S ncl got ,ilrs -,.:.11i---ns 'in·ot1cht 1.:. over to rcllie .illir..,.,~1. -·c 1:,tiyed tre:ro nntil c --o~t to ~;.u.r:cen ton 'la to .,_vis / . ,bell [JlC LO\,iS _:c.J~...nlel Li1 • e er :c 11E.ck utJ.ncl.n.:- ovf'r.ing·. • e • ent to Pr: .. tico..,t ::cC't in[; &t ~lkton n • co .. c 1,c cl- ho,rie unc"._&~ icht. Lol:er cta: cd ti:.r.t.:..l ~ftcr rU.cni J ...t <.La tl1cn -, ont Lone -..L- I CiC.. not see Io1B r c~n.7r:10re nnt..:.l 'LlOf'Cr.y. ::r. iLer co 1e L- C ·ot qe on 4t1e:...day and too'r mo to -·<--1.liLon1rnrg. 4 7 T A • on u tmc uy . ~ft r . .. as tLr t rior to t.Le time ~be_oreo • ... o m n ::.oned this? ... LeLter • . Ju.Bt .l f. t • id Lester Dey to :Toti. A. :-e s1:..i~ __is Tncle _ d. [' ri"':t smc..rt of .. oney Ui.cl 1 .ept ceveral thou.sand dollars there. r,. .,hen '.'VL.,S ~hP n "Xt cl&.~Tth:.. t you t (..lJrerl <.,;,bou.tthis? A. Tt ; 1as on -nhLJ.rDday .Jecembc r 5t • . .,tat dicl lef'ter toll - ot1 ;yot1 ;; orf' to r•l[...fl in ttis rob ery? .,__. I '...·as -to bro"' t e trun o_ en . • Die :ro 11 7 no ; ·,T:10re '-; 0 t rt1n 7 w2cs 7 e11t? A.. :.,.o ~ ll" • . ~i~ LcEter lnow? J... • Yes . ,Ji r • Q. hO\'i clid. he _ ou. J.. He stayeC over there • • Did LeLter go over to l'iG uncles hoG1e to sec if everything wac 1·et..a.y? A. Yes ...ir. _•. h~,,t day \iCS he to go over to see i± ovor;s:thine, ....-ms1;.,lright. A • .;:'u.escl.ay, • ..us the t before the robtJ e1--y \:o.s co Fr 1i tt ed? .A.. Yes 0ir . . • ,hen did he report buc~ to you? ..• \Jn 1hursd.n:r, the 5th before .. r. : oker v:cs ldllod. T'he s2.me d.ay 1;e got :~isc Ann ie _ rL..Zer' s chickens o ,. ~Jhat did he mean by ulri["ht? • -...e said his uncle sold cor:ic cows and .hogs c...nc.tLr. t he _:mt some money in there. , . Did he tell you ,--here the trtml: ,·:cs located in the 1ouse? • Yes. _. 1.hero did he svy t t1~L1-nlr,.-cs that hacl the money? A ■ Dovm. stairs in the b[:.c}r room . . • Is the. t the one ;1ot1 Lised tl:e har,1 er o..nd chisel on? A. Yes sir. C,. ',.hat •rrt did JOU lun in bre L.J:ing the trun]r open. A. I use cl. 1 he c olc1 chi sol encl he.r1mor. and broke it open o , . khat \7£,s J..,ester aoing at tl,at ti11e? A. Ee uas ,,·atcJ1ing out t e , in( ov;. /.fter i7e openecl the trun: the rmnery ~as in the botto~ under some stuff • . '.,hct die, ~-ou c1o on riday norn.· ng. .,hat 1:rnre your p1ovem, nts rnd l.oJ-cr 'P novenont s cm ridey ;ecer1be r 6th. Y..lral'IXXXEXR L. I ·went dovm to my znuntsLonie i'tnner on riday ~ncl. I c-ot tv·o bunches o-::: colcr~r come bac up to ..fillirras 8.r1c". le :ft there arot1nd 2: 20 and ,1011.t to Br;fan :~al ov, 'rd .. et Ll J v it-ill Lester 1,mJ-er, Ylent ove:t to Jo.r..n 1,oke;vs ancl le.,ter he.cl his 7 1 Le r �.. 9 rui .ro , em • .t l -reve n ;t i C. . v;'Ie 0 9 f i cfo-:c ....trid .:ii: Mlq . oj 'I 1 • V 0 c,; 0 n..:. 9 Qj '! 0 0 .., 0 • e e oc e j.J_{j . e ....uo e _;t jJJ bn.::, a~od M 0 rr. 'I d"'oo.r I "I 0 . • J. <;> 0 { 9 d -1u ·n_ •.rj .... moo "I c;'nc _[ a .irlo .fl3 ·.c0 fj 9 nl onci bor;;J 0 - e 0 9 • ,. �3. gun v·i th Q. ~;hat l'im. :incl of a - un- as it? A. 12 gauge sinrle bLrrel • • Low· many shells rlid ho have V'i th him • .:.- He acl one s}-,ell. , . ,lhat color 7as it. A. Yellow. (. Lid you shoot thGt s~cll? o ,Jir . .Jid you }rnovr v,hat size shot th2t shell cont&incd? .1., o 5 1::.ot. (. Did anyone shoot tnat s_ ~ 11.• .1..0 sir . ..as it ;:,'our • te .i.tion at that ti e to rob W1d. kill .=r. John Loo_cr? '• es Lir. .t:.. ... .i.:ov far a •'i:::itance dicl you have to vmlk from the ti e Jrou met Lest er Loker on the doy of the murder trn til ;:,rou reoched i.r. Loker 1 s ft.rm? ,. . --bout 2 Mile and. a hc.lf • . Do ;you ~now nb uut what ti:-:1e it ,;;as when you arrived E'.t the farm. A. It Has c::.bout 5 :ZO Q. ','as it d£ylip.:ht or dark? Getting dll.Sk • . Do yot1 Jynov: hm: fer yotl could see u,t thi~t time? A. You cot1ld 8ee a rifht rood. piece • • A l al£ mile? A •. o aliout a nuarter of a r.iile. Q. ..hen ;ro tl approached the farm did ;y·ou see :iir. John Laker abut the premises • • •,e sav: him over in the corn"'" ielt. , • Hmv far v as that from the ho tlSe? A. ~bout 1,000 yards. 0 • \7hcn ?"OU ap rpoched the bt1ilding (id you cone out in the open. A. ,e crE.. •rled r-l0nf the fence. and got in behinc:1. an ale building t. :;)id yon both go to the ho use vrher e the money was J~ert? . Xef sir. ". Do you knov· , 'h[1t .1r. Lokc. was doing in the field? L. ?eeding his cows. , • ,,hen ;rou a· rived Lt the house did you find the v in dov;s and door locked·? J,.• .Yes. sir . . ~ow did you [et into the house? --.A. Lester broke a \':inc1ow out. Q. Lestor still had his run ,.ith him at that ti 1 le·f A. Yes • ir . . Did he st ill hcvo his gun in his h£ nd v;hen he broke the light out. A. 1-0 he ::,it it down 2.long the house. ~. :)o you lmow hov, that v,indow was locked? L.• Yes 0ir • . Tell us how. A. Had a stick up over the ,indow. '~• '.',hy did you tn1re this partic11lar wind.ow. 1 • :::±we , ..ent on other side __r. Loker \10 uld have seon us. r o In other Y,ord..s you stayed concealed from ~ ..i.r. ::-oker's vievt? • yes sir. • .i. �• <l!1: { { J 1-1 f1.i"j'O 8.J ·rw·1 B ::o bnl-[ ·'.e.d,r • . Ier.r rf £"¼l--<.1• a e JJ!3'§ SI . ~-.rwm .o I • • m:1.rf.i :11.."Jov _,rl 9r{ r)i: ·, sil'1Ii, . Ilertu 1no b 1 A' • 4 • t 8.C • TOI 00 j-p,r{ .wclle: • ~j le.du jJ !.! d"oo {., llG • - r . ';jj il ' . '-" • 'I.i: joris j- __,fij o&l ~•.Lfo!l.J J j-.cfi·,;r WO d'oo-l ;t ..,rl0 .A. 0 .•o-: fl u . r . j o.{a c o .... • ..i 11no-v;.ro JJl.U • • "1".[q O • iI Ill'}[ 0 o;t 001: e J .rL .i:j j t;:-J13jnl: .t 'I!.ioj-i: ~·'I eJ[o o •.ti 3.s .• n.r!.ot erld" !II"'II ::lii.13w o;t ov£d .cior b.i:i 0on.::J.;,l .n •....~J: wo .• '3 Lt J:o y, • e I;; nc ~I" Oc.. ·.:i: Jse.I j9 IJO ~rn~·,1 •,' imfc [ .'I.. )rfu ·o'I J:j J:JO•~ JfL, It.,, nsi ·.rn.fnnm .1Isrl J , .fJ9 V .i:'I 'I.S 1J O '{; ne .dW 8 .SW j .i 9, .i:j j o hnn ellm S .SriH J 11.0 cf VI O fl.' ;t1Jod1 CJO "V; 0 • U •9 • m·.1:.s:l::: e.d;t O~:G jnoaB ~ ~ef"".U asw d"I l.[-r3I) jl B.2, • r,rnfJ "nl!jo'I J ..J oe...i bl.r. oo no - TJI , ~: mi r r.;o·: o • ooolrr .fJoo ;t·i"'l.i:'I • eecJ ..Jl.!Jo::..noY _...,•,r:....,b 'IO ~.i + j1· 4 ~·eilm ·::• • e I ln 1:e·ro.:;: rr..riol .·-.· o 'I e J'I.J1l n no·_. IJ.i:.6 r;r.r..s':l:er!.J .bedo.so'InH oec .a8°lrre'I( rrl 9rlJ jrJ.:i B 1 • • ....-.. ... . j ..:1o .s o _ • . nox: 1.1.eri·, "Vi .... :tn ('...! .~I9~~n'Ioo etlJ nl fovo 0i:i ~18 a .A ': easi 0 l GflJ mo·.c:t ;;-uLt c::,p, - '.i: ,1 wo: .. • afn.3 OOOtI ;t ·ocI.~ •~ llO • n.t-. f11J)i.tncf 9;{--- 0'1.riOO • ~r-rr..s JJO' .:-.tcd )f100 • fiGCfO ':Jfi lo Ilr r )nl·l9f rr·. Jon,, .e~ne=: ;;:)d;r ~r10l· f))i'" ...'ID e • ~:0:1.cr:: .➔ rfJ- 01:0·l'1 eanorl er! oJ 0;1 rl;+ocf no,~ .61CI • 1:>~o.rn .tqe~r a•; ae .... .,:i:a ':biell: Gri.j n.i: nloh SB'l ~ ...e-.i[o~:.• 'I.. ,'1 / rn.rr:" , O{, 0 •, o al.:! ~ ~-il.fJ e e" • ~ .. J1 ..6--:11: • no~ no.ct.,.• ', o~ oo.I 'IOO .-rl .:::9Y • 1. ojnl j9~ llO~ bib woE • • a-o .6rrn arob;:it erlj .bnlt JJO~ .ot.6 eesJori edt ~88ll0rl 9.r{j • JDO TTO~nlw ~e l.:t Jt:sJJ J.s r.,lrl .rLtl; nn 0 alrl j.;-jlI 9:{j eJfO'Iu e:l fiG.·L .VuH1 Bl.d :ii ~ S~O'Id b•rl IIl;ta '!BJ89~ • -roJaeJ. • . ·.rl , a e Y • A.. fUJ1 ~:l l 97 'fl II..:.Ja eJ .fii:CI . • d'"DO HU no lcJ rrrnfi J 1 J l J eri o ·: • _ ro.6nl 1 J .dJ .rnrl o.cc' JJO"V;ocr • • 'I.i:,_, soY .... • wo.ri BJJ lie':i. . • o.fJn.t.1 9,:ij 'IOVO qn }[O..i:JB H .ou:-o.J:• . wo.on.tn ~mlJJ:JlJ~r.sr: alrlJ e~.[!J .JJo~r I:i rn -v;rL • • an neea ~V". i bIJJOi/ ....e::cro;::::.'I. 9Dfu '! e1iJo no j,19 I 9 ! :t..: . ~welv d 1 1:e~·o .T ... I".!O':CI bol.aoonoo be-v;.--.:J-ano·.: ab'Io-- 'Iedjo nI o • ec::norl ~·be:{ooI a-311 �-------------------------------------.---~------4. 'o rl.m.dt did Lester use to brealrd the windovv v:ith. A. A stick. C. 1,,here did. he fincl the stick? A. at the v ood pile. r. vrho went in t_e ·inclow first? A. Lester. Q. \Tho raised the v-:indow t1-p? A. ester raised the window up . • Did you follow Lester in the window? A. Lo sir . • .'here was lester's gun at that ti 1e? A. It was sitting 01,1t ide. (~. Did you hold_ the 'I. ind ow up \ hile L ster era led in? _ti_. Yes sir. Q. Did you go in the house? A. es sir. Q. How did you enter the house. A. Ey the door. Q. ,'fas the door locked? A. yes sir. Q. 'i,hat kind of a lock was on the door. A. A Yale lock • . ~ho unlocred the door. A. Lester from the inside. Q. \ias Lest er' s gunt aken in the hou.se '? 1. Yes sir. Q. "/as it loaded·~ A. 1 o sir. Q. Who carried the cun in the house? . I handed it in thru the v-indow. r-. 'Jhvt did you do when ;;;rou ~irst entered the hOL1se? A. r;e went in and searched the bureau dravrers. c. Did you leave the door open? A. Yes bir. Q. \✓hat clid you :find? A. ~ome shot gun uhells • .1hat :Jrind of shells. A. Clean bore ( • ,'/h&t gauge shells v-ere they? A. 12 gat1ge. (. './hat number shot? A. l.o 4. Q. 1Jid. you find. the shells ~-ourself·:' A. J.:o Lester founc1 them. u.• ',,hat clid you do \.ith the shells after you fauna. them A. put bhe in his pocket. r~. Then what did you do? A. 1,ent up stairs encl got a cold chisel and hamr:ier. Q. Did both of JOU go tip stuirs? 1.. I just went t1p v.1ith him to see where he got the ha 1·•er and cold chisel. r • .ihc.t did yon do Y.ith them. A. ~roke the trt1~- open. ~• Up or down stairs? A. dO\:n stairs. Q. :)id you get the trunk open? A. Yes bir. (. \1hat did you find? 1 A • �.Jfo.i:~8 .1. rr.i:1: rl .6.i:b ·r')ri ?,o..:: .... e erl ... ~ • el.i:c?:tc-:rl' ~ wor-~1 ni j .1:ejc iI e iJ ....l ..n: orl 1 ,... obnl ~ eri IJ ea .t.s-:r -:reJae,_ J:JO\, ;) :.al -:rej ... o.I w L[o o.6nt· . "I • ' 0 ~ ts rl :t j ruJ ... ''fe " .... o l a 3"7 e 0'i • eI>lJ jr;o ii j c.l a..sw J o..6n~ erlj .6Iorl J:JO~ bl . ~• Cf ti 10 VO.Di'!~ JO 1 i orb rrl a iJ O .. J fi8 9 [..r 'H) ... • • 1.• • _ . , o·:J JJO r .-:ci:a • 9 .. • • .d. U O ., 11..:_ • '!00..) L riv • -:cl.1 ."Ioob erld" no a.sw xool n to bn.i:x jsrlJ • • :~o o I el nY • }. • 1:00.6 rlj beiooi~J:J orll • • e..6lcn.i: e.cU r 11:1 ~ e d"ae: •. ':e uo l erlJ- rr.i: ne ,sj. w G 1 ·.1:e;ta I e.o ·~ ~-..60---.ooi 'I • '£.:e jl 3ol .be ~ a')... • a.s . ':ea iori erl:t nl nu·~ 0.:U 5el'I'I ~o o l, • on 11t· 1 e .-rj u 'I.d n i. ;:t.i: • ri uil., i ... 'JBJ:JCtl crl:t .be-:rej • 11:l rio- ned:V on uov; l" s~ i .. . e.,:nu ''ID r• '')'Imf er' v frn,{ni:.:e, JfL.~ rr ,•-r1ow e, ~necro ~00 9jt 9V39l uo~ r.:L • . • • .A • 1 ,,. r ~- ~9rf j O'I 9 ~. p ' J LJ., _[ ' ' l 9 • ,jorl~ 1:eamnn -~I ~me: fJn -ro r:o.:; 1:ej a'IJ:JO a:rert 0 .merlJ IIori::.: erlj .rUl; . bn1 .. uc., bib J.::3.i • :te:;rooq a.i:rl rr.i: erto ;t.riq :o.fJ m"G .fl.i: " rl .e'.i'I • -ro~ ii bnn loa.i:.dn bloa .a jo r<-3 a'I.i:.sd'-.i q.u ~ne Ya'!'sja q~ 0 DO lo jjod ~l rl er!j ;to;1 e.ri 0~1.Jri I e.3"' od" .rdrl Ll 1 ,...o ;:tL n j._..; • : • I,::::ilrfo b_o..., .me 'J Jji:, ob no\, lb j rl • neao fa J'!v ) i... o~·o·r ~-e'!lBj·t. ITl 'IO q,f • a,:l h8 1 ob ?rracro J'!;; ei! v cJ"'- rioi .f>lu JJOl OJJ iJO • 'I.CJ JJi 0 .... • • • . • ... • 8)- • j-3rl • J.. �5. A • .b'ound r10ney. (. How much woneyY • We cot1nted. it after we left there, aliout two thotrnc.nd dollars. C. ','/hat was the □oney in•? A. In one of these here draw sacks. Canvass sack. ~-• 'iihat color vras it? A. brovm. Q. ,'!hat did you do vrith the sack after you took the money out of it? A. Put the money back in the sack. • Q. Vhat did. you do with the money? A. Hid it" x • 'iihore"? A. On lJ.T. Will Loker' s farm. ~- rrhere? A .... n the woods. Q. Did. you open the sack in the house? A. i.o sir. Q. ·;that did you do after you got the sacl, of money in the trunk. A. We went up stairs and searched a stand. r. What did you find t1p there? A. Didn't find anything. Q. ~hile you were searching the house did either of you 1,ok out of the window to see if i,_r. John Loker was coming? A. Yes sir. ('. ','!ho looked. A. Loker loolrnd while 1 was breal'"ine the tru.nJ::: open. Q. Did he say where he was? A. Over in the field. (. \,hat \7indow did you look out to watch. A. Back room dovm stairs where the trunk was. Q. r1ho stood watch while you were searching the stand up stairs. A. I did. Q,. Then what did ;/OU do? A. come bt.'.ck down stairs. C. '.'fhat dicl you. do after you p.:ot down st airs? A. r::.ot i:r. Laker's gun and lesters. Q. Hhere did you find "'~r. JohnLoker's gu.n? A. Settin inroom behind the door. C:.'.•hhy did you get J.-ir. John Loker' s gnn. A. bo we would both have a gun. Q,. Did you :pt1t a shell in that gun'? A. yes sir, a yellow one. ~. ~here did you put the shell in the gun? A. uver in the ~agon shed. ~. Is that the shell that Lest er Loker brought along from home A. tes sir. 1.:. •• J,.ft er get t; ine ~.s . .Loker .1.s gu.n did both of you leave the hotrne end go over to the shed together? A. Yes sir. (. ~7hy did you fO OVP-r to the shed'? A. ro 1natch for I ,r . .uoke r? G,. Did Lester Loker have a gun when he left the house? A. Yes sir. Q. ~Vhose r.::u.n? A. He had his own. G. Did he have a shell in the ~un then? A . .r o sir. C. Did he nut one in later? A. tes sir. �.a • ~9 . v;enc. . ~'I ,.!:Io b.:. L ...~oJ o ·j •. 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'I... 0 . ~S'I Ii •;,:, • e.boo , 0:£:r _ • a e j ne o no~ bl 'IS •.re-•oL- 'I9" J n~ O 8 •I •• la °1"' . rw e"'lcri 'i'n'3rLt nJJ· ed I Lda ~·rej •I 11· • crv·ro'L.:_ r .3 ov • [ enr j, -ii. ➔ r1 9..- .... 6 •. .,: 0 •.J.• () { .6Ji..i. • • -rl �6. Q·. .,here·? A. uve r at the v:-&gon shed. 't;as tb.ut ~he shell thot :/Oll follild at John Loker 1 s home? 'Ct,. A. Yes sir. Q. 1:ad yorr noticed whr·re ....r • .Loker was t the ti 1e you le ft the hot1se: A. :tes. ". .here was he? . _n tte corn field. ( Cot1ld he see you had he looked tovnrd the house ,hen you left the house to go over to the vv2.€2,'onshed·r, A. Eo. Q. Did you an- roach the \ agon shed in such a manner so th~ t he O\J_lclnt? :tes sir . ,iho.t ·ere vo1r intentions ,hen ;7ou v.-ent to the \7Lf'" n shed? .ias to kill ...r Lo ,:er • ', it h v:.rw t r• 0hot eun. ~.hat was JroL1r reuson for wanting to kill •.•r. Loker. nect> Ltse he Y'O uld. see l1is t rllill:: broken o:pen r no. get the blood ho Llnds., \,ho suggested that yoL1 kill ...r Loker? JJester Loker. 1Jid le st er oker also tell you thE. t .. r. John Loker c1:..rr iod a suw. of money on 1-is oe1son ruicJ thec.t was ~rollr main re£"~son for v,s.nt ing to kill him? yes sir. Where did yo ti hide JO urself in the wneon shed? In the lm·e1n w,gon. Did Lester hide himself clso? Yes sir. ·,,here in the upper wE.gon. How long fter you hid yo1rrself in the waron did Ur. John Loker come in from the field? a'i;out five rainut es. •..hot r:rnte did he tc~:e to come in. round the road and follouet the 0ath leading to his house. From where you vrerE, hicl in the wagon bed, could JOU see ::r. JohnLoker? Yes sir. How close to this path that :.:r. John Loker was wal}:ing dovm pass the wa?on in ~hich yon were hid? L.bout thirty feet. -:;by did Lester ·ai t until he p2.sGed by the 'v'laf·on shed be fore he shot ]--im? I don't know. C A. . ,...• ..._. A.· ~A. • A. Q. A. Q,. A. r. • ~- l• A. Q. A. Q. A. Q. A. Q. A. 0 �.. ~·emorl a 1 -:ro ro..: ... 11iot orij j'}: ::,I no· e !:J rhiJ . be.le.. no-g :; e_· + ;t 'I .6ru10 ri j rl;t Ile_ e erl, :t d;:t .-:cla ':C.c o .... 'L e'I .d:v 90 £ jon JJ O ' ,j.:3 ;; G vu •. .a9~ '? er!. . .6.[ a rJO ;t.1.eI no-v; .no1 '00 i:t -:r~10;:t bexool on ,.fieri nos .....i sri:t o;t f .i e'!0.d u f1 9jj" • .I. e a erl .fJir108 J e'1J:1oi eri+ • 0 .: • rlo oe a..i 6 ,-1 .. 0 "'.oL.:neJn.r JJO o: .'I::) 'I _[ .j f • '1) o.... • ooicf o 'J ;te~ 'Jn. , ~ lI. r r-rct { 0 .a l 11: 1IoJ. Ill:>i 'I. fl . .uo r :,"'" '! 1n,~ bino eu ;t .:i.j ~~ • tab be;tae-s a • oa • '! nl 'I'I ,o -ro.Io -:coi noane'I nl. ~ ~ ri~ non nrto • ~L. 'I.IJO~ a...,~ t rl j O _[ej .noa iO 9j .[ J[O, 'IS:t l • re1fo e..:. no : nc o '?mirl ~I.:.~ ot ~n·i o'Il i~ rr. '?fn i.... nr D :f.j • 'I .. !ll ~ I J'.CJ o . no Is""TI'C'' er o v o J s·• . 'I .• 10•' ;..:lJ. 0 ;:;- .1." DIIJI"' DOC JJO" •e rl;!"r-i' •) • r: erf II "1. '+ LO f'.b •. 3 IC [ ; n ' e.d, , • 9 11 9 • J il 9'I ·.r•1J noI TIO ( n ~lj r10,:<:_ _: l)LJ1 C'D .ach •-,t flVl,._ j·•ic .1. .... •J I o" 'J ,: + ..,., JJO'~ ~~ • 9'1 • Vi l' .6 •O'f 'l, "!'L fi ,:oriw '!'I aa.aq wo.6 ;3nl ls r .....Jr ,:e o j .U r{j- 'o • ·.cl o;:t sao.r .,.,:--:r:1 I1( dJ ?ml: • 'l01'Di • �7., both of VOll have loadecl ~Lms w en JohnLo 1 '"er pas ed the \ aeon Bheo • . YeE sir. ~. ,,lose f,lill c1icl :-oll have? . John Lo-ers . ...,. ·,:1y did yoll have John Loker' s ,an loacl.eci at • hat t imo. A. Lester said if he missed him I shoal~ got hin. ~• ~id lester miss him? .... i: o sir. · • ,·here did he l1i t him? ~. In the sicc of the neck Gnd bLck • . ~id he fall for7~rd or bLck~ard? A. 'ITristed u.rot1nd encl fell face f orw'-rd • • . Jict he J11al·e any RTOruis v.rhen 1e -r s s o -;, • 1:0 hol ered " ord". ~• ..'ere 110th of ;you. le,Jrin§r down hen he shot him? • Irias sittint; ll_.,. I don't -now ho r lester was. ~• ~fter Lester 0hot John Loker vilirt di~ both of yoll do? o Got a.ovm and searched Lim. (. 1~·as..he dead·? . Yes sir • . Eow did you ~now he was deed? ... o could. not feel him breathing. l• Did both of you search him? 1:1.. "les sir. • ,1hut \;as you hunting? • :..oney. (. Fo\ 'IlLlCl did 7 0ll find? A. three hundred dollars. r • 1vhat Vi'aS the f"lOney in? A. One of these black poc~et books. Q. 1ias it a lar e one and 6.icl it have E' string tied Lround it? A. It ~ns a large one ~nd had a string tied ~rot1nd it. Q. 'Q:ho crmnted the noney. A. Lok0r. • ,;h&t did yon do 1·i th the ~hre e ht1ndred c1ollars then? A • .!e took thirteen dollars apiece and 11ut ',he rest of. it in the bro -rn bLg. ~- ·no \:as c&rryinf tho lnovn bog? A. Lester. • ,ho.t did you do v·ith the poc ret book? A. Thre v it away. r. ·:.here? C,. Did A. U!J in the ,mods . . Did you notice A. AY1 ....r. John Looker c rrying anything? ax . . • !):J.0. he have r. cwie·~ yes. . 1lhat kind of a cane? .cl.. I don't b10w. ~ ~/hat kind of clothes was John Lover v,earing? A. Overhalls nd sham. C. 1hat kind of a hu.t'? A. He ·was v:earing a black cap. r.,. '/hat pocket did you e;et the pocket book ot1t of'~ A~ riRht front·pocketo ..,_,.Did ;yoll have to turn ...r. John lolrer c.rotrnd in order tLo noc mt book? o Yessir. (. ho did that? A. to r:et to �.. 8.fll! eh oI " v rl a n <;• V • 0 l j j .C i .fp O .[ j • n£A illJ -o iDorln j . ~ ·.co~0 I ni1 b 1 rl JIO\'; l .b.i: • . .C ,: j lm 1:ejaeI • -:c.t0 oa .ml: i -jJ:rl od blD e-rorl o *O e l i • .6'I ~.r:rO. .to l a l J • • .. . .,, ~ol IIJ~ 'I b .[ C ">=iJ O'I •• n I>-:co ~m· J"'--t" b 11 r 9('{ • a.n 1 'I o .tao.[ . ob no~ o cf ~ • L on ;t ' -:rq•o • ~ r ~'I • o.6 ;;o 9r{ - ......., • • -:cl ae • :£web 8.BW eri .mm[ JJO~ blb i'iOH .!) . 3nlrU.ce-:r<f ml :i I jon ..oI.rJoo o , ~ml [ rl ~.Ga ao~ o rljod blCT . • \';9.'10 D 1. J:Jon: ,. • OJ' C .a-r Lio .69,:hn~! n~~rlj ~n· \:9~C' 011 o • j rl • a~[oorf o~r OCT •o'1 [cf e'19rl:t 'Io nrr ev"'rl jl bl n, eno ·mi, t.t .....n Arr·,:tc f>'1rl bcr· nno ~1:sI ar1 j_ ~ '!Jl a.rJo-r· • jl ot:t .D • n'-:cjP."' ·.o belj er • x;encr e.r J n j t o -:rr)ru.J:{ 'I'1Iio b a ·r ed. ?'1 c; o o cf j ,r rl rf.j eo, tcp ~ jJJ( e-rrl ➔ n '''! 0-r o •o o er erl • ~ • ' o r Io ro. rl t .t .r1<... b • f) "109.L'!ldJ orl "" I • .be tnrJc o o.d , • 4 • 1: ~ =i ):ij ■4 ri ,, • '100:-" e ■;) f1 C'If ·cr-r.c•o c.s.1 o4 • • 'I 3jaoLT. bl b j 1 ob 11 •'!: .s jl ... • • - "' • ( e.tl;t 0 e [oo. 011 11 . 9.CT.BO .13 9VBri .x.o ■ .L etl • f:>.tT .;i • e e-v; • ?en. o .o o bni"' • wo ~8n1-rne . to o+ J-0"1 oJ -:co.f'IO J.IJO ~ -re 'au oocf je:Ioo r .finJ.JO'I3 'I 1riot .... v ae.rUo.Co .ms.r!.a .oa .'t dB l . • q.s o I o.cI cf :1.al. oij oJ .ruiot ;t .'I-- ;t.•rl o bnl 3 • I ;t'no j.:3!f I.I.sif".L)VO . • JJG'?; .fl: f> • oje 00 • • ev.srl .I.JO\: ..611..a.. ~}[cou j •oo<" c it n·.rn:- o;t .'j rl.t 0 �8 .. • Lester . . 7ho reiched in his pocket? A. I did. Q. Did you search him thoroughly? • rosir. (. Did you get &nything else beside the money off of John ::,okor'? A. yes a v,atch. C. ,Jhnt ldnd of a ,.atch? • It \'as one of those here heavy \vatches, and I believe there '\"las a chain on it. C. ~:to got the V'&tch? . Lester • • •..hat did. Lester ao v:-itht.te ';a~c ,;, A. I-Ie kent it. ~ -~~ ttxxim:1,..··mauri:::s:EX wht t did you ao·? A. .:e lL icl the gn.n r"ovm bes icle him. Q •. !hat gun? A. John Lo1rers. Q •.. 'as it st ill locde ? A. l'osj_r. r. \:hat beer-me of the e1:1""lty shell? A. I pP.t Lb. in ::r. John :Salyer I s flll1 £..nC lr.id it dovm • . .Jhere did •rou lc.y the r:un. • • Laid it do~m beside him. Q. The empty i:,hell •hich ;you placed in JohnLoker 1 s gun wasthe shell that Lf-uter had shot from his gun at .:r. JohnLokcr and is the same shell which was used to kill him. A. Yes sir. c • ,1hy d.id you put the empty shell in •.:r. John Loker' s gun unc'l then lay it 1)e:iis:e.ehis body'~ A. so theJr woulc think he ·was .hot v.ith his ovm gun. Q. :,,ho do you mean by They ( A. rhe ones th~t would find him. Q. \Jho suggested thLt? A. Loker. • Lestor • How long aft.er the tine ju shot John Lok(r dicl.. you ztay there? • ro longer than it took to get the watch w1d money. About three rninutes. Q. Then did ?OU look around to see if anyone was insight'? A. yeG sir. :Jid you see anyone·? . l.osir. ~ what rere your movements then'? A. 1/e le ft there. • Q. './here too"? ii.. Bry2..ll Hollovv. ~. '.1hat did you. have ,-_,ith you? • LoJ,.er 's shot •un o.nd money. Q. ~/ho Y;ras c[rrying the shot gllll? A. Lester • • .!ho V'aS C£>r1;7ing the money? A. Lost er. Had it in his ave rhall hip ocl~et. Q. 1 hen ;7on left did :Tau lecve the same v;ay ;rou ctme·? A no. Q. How did. ;,rou levve? A. Un side a little creek . • o 1:hich d.irect ion? ··est. Q,. Then �8 .-re;J-a J . berloJe'I ori • • .61.6 ::'.. • • ~•..i1rlg110·.corl;; ml.!i rio'Ino , ..uo"ll b.i:CT • . '!la o .1 . ,l_ eblaecf ec.Io gnl.rlJv;ru· je-s llO"ll .bi • ooq airl ~j 'loo :l:_o '\:9110m s.ij : 'Iexo I nno:, nl i • Jfoj ?.riojJ3 as 1 e'!e.'.:!.j ov0li cf I bru::, ,aorl::ij..JJ' .n to CS'<: JJ .bnl:a ;t.c:L, . ei10 8.13, d"::: • -rerl eunrld' to . j 1 no n..::.rsio ..J ~ 1bj , , o.rU- Jo'1 o L. • .,, "llVJ39rl .i:ej erl~djl. 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J- _me o.rij ;triq !lo·, bl.b v;1i. • • v;bocf si: fe lt e • t.:: - I nerl;t • Illl~ nwo a.Li rlH c; ;torL ~is I orl L1lr:.. hi.tJC T ue.dt O" •·: ~:o.rL -y;cfn em ao~T ob o i.. • ) .ml.d ~~l~ Jina ;t,rtj aeno ed . ?J j Lejue ~Ja o~ .• •.rnj ,GJ: • 'IG o.: • ~ e'Iofij '3j -:i IJO'~ J.t.6 '! )Jfou'.: :uiot, jo.ie eml;t e.i 'Ie~~~ ~noI OJ. eo·.r.dj j.tJoJ. .v;en m .n.rw.dDJ.3 1 eriv je~ oj ooj jl ..,dj 'IOt}!'lO..[ O .... • BOJ!Jnlm ':' j rlBl 13nl a rr ElltO v;M :t.!: ee a o J- .on.ao'I xooI DOV, blh netlT • • '!la ..,ev; •. nov;n.,.'3098 DO r f)i ~ 0 • '!l HO .ns j :Jd'n )I evor -rno· • jurl" S'I'J • ~'IOrlJ j !1I o ~·ooj e'Ie.d, • . ;oI.IoH 7:-rff • ~IJ0 17 rU..:.._. -.,,Bfi JJO~ .fJlt J-. ', .~ .~erron £ n nu~ jo1s a'-r roJ. ': flil~ ;to ·c.=i Lt :1nl "'£'I<10 o .i.. e .. l:n o:i- 1 n.t~:i:·.:: n • J'3 ·ocr ('t".[r{ CI".tr'rrlVO al i n.l :t • .6 ~ 1:eiu0l .oo G -r.31;1 o , .... 'J i:t ov I IIO'T b~f) j 0.£ JJO • •• i T m JO .[ • . on nc • •>• ~ 'o.i: • 0 (".; ••\ Gl Jll '9nl ~ no i j 0'1'!l riol '1 o ~ev.aeI • --::: 91:0 .A • �9. Q. Did you try to conceal yourselves on your wa;1 out of t.tere·? A. yes sir . • ',,ho.t conversut ion did you have v,i th Lest er on your vmy home . ..:i. •.. e wondered if we vrnulcl ret C[l.llght. 0. ~ \,hnt was tis reply A. Le scid he did JtOt know. Qo 7hPre aid you hide ttis money? • On ...:r. ~,ill Lo~i::er1 s farm. C. Eo7 did you hide it? A. du~ a hole under a log. r • r~•ve yon. ever be0n brec}r since ;,ou hid it"? p ::o sir. Q. ·,ihy dic1n' t :rou go bacl::? A. :1e ·ras going to· leave· it the re awhile. C,. ,;ht t ti :.e of the d£y was i.t th[...t --ou icl t e mone ? A. AboL1t 7 o'clock in the evening. ~- Eow c~uld you see to hide it? 1.. Loon v,as shining. ,Then wLere c icl yo a go"? A. Lester v:en hor.1e &..YJ.dI went over to i.el~ie Hilli8.Ins • .,.•. O!l ~rour my tome th[..t evening bJfiter the Murder a id you oncl Lester discus.., uny -pltcns that :rou might lJ.Se if :;on were CaLlc,ht and churged \ith this crime? A. Y~.., "'ir. . ,het were those plnns? .A. rut it on Lynwood Heiston·? Q. •.. ho SLlg[eSted th[.t '? 1~. I did . . ".Thy did --ou suggest Iynwood 1:eiston? A. Because he thre:c tened. m~Tlife • • Isn't he your first c usin? A. Yes sir. Q. 1Jhat did lester sny 1..rhen :rou Sllggested "Jutting it :m r,;rnv,Doc...': A. 1:e m::id it v;[,,.s &lr i5ht • Q. ~o~ cid you ~gree to do it? A. I tole. him if re rot ccught ,.e vIOulc ·mt it on Lynv!Ood. c.. !&s L;/mrnoa. Le is ton in the vicinity ut tho t j_ e the m· rdc r -rms cor:1"1itt ea .• ~·,.. .. ot thc.t I l.rnoy,r of. ' • .,hen youf,'ot to 101-ie ·,il:.iams hor1e did ~ron a.isc1iss thj_s i.--ith her. I,.. _osir Q Did. ;/Ol1 [,tay there the rest of the ri""ht'? • fos sir. r ./hct cic' ,_ron d.o on t e follo··inr, uay? A. ,.ent 01 t -to omer tJ.r-c:-cs. Q •. h~T clid .,-ou fO to 1:ome Alge rs? A. o get so~o grocerieR. ,.o .. here din ;rou t· 1,,o thm e groceries? .J.1 o _ ell ie '.,::.11 iar.:is. ,_. ~-ov1 lonf, hE.vo :Tau "rnO\·n Lester =.oke r'? 1- • ~-11 m:,1 1 i f. e • "". . 1 •;;ays bee 1. good f rienc s·? b.o "'0 sir • • 2)irl ~ron. stay , t .1-'.olJ.ie ,,ill items Lll duy. 1_. I w'-'s t ere all clay until thut nieht. o • hat did you co t. o.t night? :i.. Called ~ taxi. o 1.hat taxi? 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'..'/here n.id ; ou c·o? o r~ o .OlH.10 L t 1- - C LJ.rch rt 0 c1.iy? j_ Il • hr .1 tnL1 rcst-)n there'? C to h. t . I'Lnnor 1;ythine; a.bvllt this �.Ol • -v;el:i j~ irn ff o.1. .blf> e'ierL.r •,p el 'to f1.'31'1'to"· • .a. .i:X:3'I erit r iC... • J ~·:'JO'i'.:t.i:x.s;t alrl;t ll.no JJOX: • a·Io ~•9PO o ·rev l'I a -; :'Ile;, rLt .i:TTam: orl\. ~ , 8!"'.1.81.IIlt nini:: -r.: f)f1'3 l"'....,lill • -v;n~: ~O.\ oo f)rb ~•iqrf·: .cterl'T • • e1:oja a'Io-,i 'Ie,--o· o;t n ·o .. ~·.Do • :il i Jf'O -rerl ~·e'Io ..... ..'I'l:1D i H T o • J ~ cf> • - t.:.o i o: 11 '0 :)[10 :· O .6 JJ O : Jj 1.6 j • rl-v ~ ... l r O -+• ' , • r:: j • . ir _!') • • _J " 'i rt '"'J ( ;.. l) h r,. • . a, ..Jl ll , ol.Ll>.oj 1 • ?'1al oo·lq ,::.flJJ 0;1 JJ o ..: bl . • g'IJJcfnotil"!'I...,li • ?~·:uicfoa.i:'I'! nt o.5 .DO"V;i>l.b "...; L. Q • u le OW 101, ::-i_:;t ;t ).[ o.: -;coj ~·e I.) ! • ij .r . .c· •. 10J 3 cf 0 J•, ~·o o;t ric .t i f1 <:>~ D .. 'j ' -1-; { .J.1. ... 1-1- j[ '() :U"i'G • ... ·.i: [ •. u. . (' :t j .. __, r I" . l u.o ) ()' .o 9!'10 f ~ Ill () 1 V . . . • .H. •...I. """ ' - .:.~ j ( .. MO ·.r [ ' ,, ~ ._ : ) I• L' ' " no ' """" -1- r • .• "'Lv [. ,, .c l+ ·o I " .I \. ... . !j )ft I. oJ;.l. or.... . .. , J ... 0 r o .o '"i 0...,JJO ' • .oo·- f • CJ lO"f" 0 .::0::. ! 0 {. 6fl0 D 9,. • I [ y,- jn_q,. • ').[ r + • ~ JJ O • .., 1(1. Jiti.1 r n al:L jm U..J ·,3n.t.{j,ifl.B i i Gv el JJo~~ bl y .;3~t£1evo ... :1I)r10~,r .1 . o 'Jc., .bl h 'Yi e rl ; • • ll' t J .. eat·; ec., ..::'-:::oi1'I.u':.. •~• _ . fir 8.3 9 'I ;t-- .d I 'i0 .,, • :,J • j J ..J.'1 n r ..... ~f! ;t0~ o~ Yie.~;r r u JI!e, 'IeH.::.iJr_ Il<. ~h:L)'! ... ,).(~nu 'IJJo~~ r..:::eJ lloy; 0..:.1... •.;J ~ elcI.iJ' '!j )'!,.... r,: . Ll ~ 0 ·~d'a, o. F,.-(, •.l • l"l.. • . ..1 . �~ 11. (_ Where dic1 ;-;ot1 cto"? . bt.c}~ c1o,;rr to ellie :·:illL.-ms. Q. ,he t t ir:e of ,he dcy ,".id ;"OU get b[J.C - home? A rboLlt lo oclocl monday nie;ht • • You stayed there &11 niR;ht "? A. Y, s Sir. r • ~Jh:=-t ciicl you do :::'uesclay 1-orning? A. :.•r. Eiser come down I'uesday morning t. nd got me. 0 • ..hen did yo Li .:'.:irst 1 earn that they hud found ~~r. Loke 's body'? :.londc.y night • • How did you lerrn th~t? A. :~r Uncle rest _,n Turner told me. ·;that ,did he suy·? A. iound •.,r. Loker up there shot. Did you then cet in toLwh \.ith Lester Loker? A. ,.,,o bir. I did not see ::,ester Loker until Ttiesday when they brought him to HarJ isonburg • . . On Priday uocember Gth the dcy of tl is er i· ,e were you drt1nk or sober. A. I hrid been drinking. ~. :But you knev. what yot1 v:ere doing? A. Yes .::iir. ~ ~as Lester drinking? A. Yes sir • . _\'Jns he c1runk? A. :i..o sir. consisting of eleven ppges, The &foregoint',' statef'llEnt/ht:s been rcr.d to rie, :.nd is understood b;i/ me and is given withollt u.ny threats or -...romi. es of reward being me.de to me by anyone for the r>urnos e of obtaining this statement, r nc1 y·i th the knovrledge on my nrrt that the 8tatemc nt mey be used agLinst ne • nd -,he ma vers tnd facts set forth in this stater1cnt ere trt1e :,o the best of m.1r1-cnov.'ledge,finformation "nd belief. l,.. 0 �. II . 0~ ;to . t.1orl. ro • am l II J:JO. Di J:10 • l I - • o ;t D no • ;t rl')l :1 . ;trl-o.L .-r..i:'-' u ~'8I1.ln1:o.... Il c,SIJT o.6 J.JO .bl: • m ;to·, .tn.. -snl:n'Io • baen ... n ro.f:J emoo "Ieal .-wolf a' e,!cI bn..10 .1:L• s:l;t b'1.d ;t..3.ri., .n: eI ~ L ;t -r.i:' . ;t:-uU n • em hio ;t ·r • • b l i. 9 "f;; ..... i • ;to i e-:rerLt IJ J .'! . !Ul~· . O.J:JOJ" nl te·1 .'lo:i;t ri 'ieJae _ ;toi b.i.6 .-.rl ... o ..... ._ .~-rIJc.fil i -r . o ;t ml .1 ;; n c/r d o r b erU [;t-0 -reJr. e oo'-'- ~bl'! .-:recfoa -.ro . -snbinl ·.c.6 need' £> rl :::: .,. ~23n.tob 0-r.s,1 .ao· ;t.c.dw mmf r,o J.J:Jt..• .-rl .... asY • ~ Ill~ni-.rb -.rs;tae~ a .&. .• s:io· L • -:re;tao 1.:...,.ru; -rs ·o li!UJ'l:.6 lJ "i: 91:9 I .t-ro alr.;t , eo-s q .rnv le to l j ... • o .A al I:>n , or o • ' 1"9 j .ta "1,1.i:o~e·ro 1 o i'I as .i:mo·i 'iO a :t ;t r10v t1 cl M3 • :J b <,o;t...·.rntnsJ n. n.L.,;t cfO o 9 30 f! ~r IL, •ci er- o"" eb ~.n "lcfi.f S cf .O'! , 9'I O ;tn me;t1j { edJ :t Ii;; J'! ~· •. :10 e~ 9l 1on~r erLt·i 1 r rJrr ~ , j 1erneJ ·;ta s..i: 'j Ill rl;t-ro~ ;tee a+• ~ brr a-:ca n 11 brr 0 t ... J -, 6eaa ecf ~sr I1ot+1m·rnlnl: ,e .bel ;o •• :m o ;t 0 f ect o eTI~ e1: • Jrt'l '1-" ,jc t ;t eL :ecJ La· �~r ~ t' /:. ~ ~ : Q ~ ~ ~ Cl �In the Name of the Commonweatth of Virginia: To the Sheriff of Rockingham County, Greeting: Yott are hereby commanded to summon ... ............................ . :::::::::::::::::::::::::::~.::::~~J::c:~::::: ::::::::::::::::::::::::::::::::::::::.:::::::::::::::::::::::::: who stands charged ivith and inficted for a felony ~ And this ..... ~............... shall not th m IM, W,U. day of OBERT SWITZER, Cl,,k of o,,, ~.W,.. .. 19 '-.0.., and in the I omit under pe11altJ1of £100. ""JJ;:'• ,t th, Cou,t Hn"'• th, .. SERVICE PRESS, HARRISONBURG, VA. No. 4H J:.I[~ JL .. year of the CJ'm11Jq:rdt1;:J,th . .... ;..,...../...t;;,7 ;:.~~:P.V.. 4 THE And have then and ., Clerk �0 �CO!1 0:.,., ..\LTH OF VI RGINI , co~mr_ry OF ROCKINGH...: ' to-wit: In the Circuit Court of said The jurors for the body of the said Court present at its that 1, 1935, agree Carl in the kill county murder for him, the thereof, term, 1935, and Lester aforesaid, felonioisly John E. Loker, then thereto, . Loker, John H. Loker did against and there and with shoot the peace being said the agreement said Carl in said intent county, to kill and and in pursuance and murder and dignity unlawfully and there as aforesaid, and kill December afore- 6, 1935, with do malice of the they, ecember John oaths on or about and in pursuance did on said said Loker one John H. Loker, Loker, the upon their to unlawfully state, in and and nov attending did then and as an advance and Lester in wait Commonwealth of Virginia, of Rockingham, together of the and conspiracy, lie Turner and murder in the peace Turner county December and conspire thought of the County: him, the said of the Commonwealth of Virginia. This John Logan, indictment Clarence :!)r. F. L. Byers, jury to vive LPake, ,itnesses 11 evidence. is found on the "' . Fi. :3oice, sv.orn in Court testimony Joseph of E. ~- Kiser, .'. Bazzle, and sent before and the P;;rand �Lurder { t .,~ ~~ ~ v) Indio tment ,, Carl Turner and ~I Lester Loker 11 1 ,-. ~ ~ Felony Drcember + term, 1935 1f t orem~"' •✓itnesses: ' 1 ~~j~ J -~i .·I A True Bill: i ~ ·Jl l ~ \· Co:mnonwealth D. ',J • E. E. Kiser John Logan Clarence Leake J. H. Boice ..,, Joseph ,, . Bazzle Dr. F. L. Byers Eannan Commonwealth's Attorney ~ .0 i\ ~ ~ r ~ ~ \ .tf }- �In the Name of the Commonwealth of Virginia: Y mt are hereby commanded to su1,.mon .. ~~er;f th lf~ ~~~e t~:::X'~;::::~;:~:::::~~::::::~::::::::::::: :~:::~:~::::~:::~::::~::::;;,~ who stands charged with and ·ndicted for a felony 1~mmar. And this....... ........... shall 11-ot omit under penalty of £100. And have then and ~~~ Witness, d,y of ~ J. ROBERT SWITZER, Clerk of om sa~t-rt, ~ 19 :ff.,,md m th,Jf at the Court House, the ....:!.~ ,'J ()~//;:)~ ~ THE SERVICE PRESS, HARRISONBURG, VA. ........ : • Cl"k < FORM NO. 5 �Executed February 24, 19j6 COJ)'.' of the Within SUilli.lGilS oerson: fl • Ernest l!am ~ £.~ by delivering a true to the fol ....)Wing' in ~ ,,,, , ./? / ~ .Ii.~ '//U~/~;(~~~ ~,~ ~ r~~ //~U/~./tt!f:7:: JI!--*' A~ I /4. \ ~ l1J ~~ �In the Name of the Commonwealth of Virginia: To the Sheriff /:..L,~ You are hereby com1~ed County, Greeting: ...£.~~············ to summon ... ·~~.t.l..:~···:···~·£J~ o! RockJ1;,rham ........ ~2?J:3....e.~~ ........ . •~;~~••E•~#ti!~••• to appear before the Judge of the Ci!}:3t Court of Roe kin ham County, at the Court House thereof, at 9: 30 o' cloch,'a. m., on the ... ...If~ say in behalf of the Defendant ..day of. .... .Z. ........ . . ..19 J t to testify and the truth to in the proseeittion of the Comm nwealth against....................................... . f :·.::: ..:·.:::·::::::::::::::::::::::::::··:::::::::::::::::::::::z;;;;t.~·.·:.:·· ••·:·:·.·:::::::::::::::::::::::::::: who stands charged with/'';}} indicted for a felony -mi,d.emeanor And this ....... ·······~········· .... ....shall not omit under penalty of £100. And have then and there this Writ. Witness,{_ RJBERT d,y of THE '7~ SEKVICE PRESS, S\VITZER, Clerk of our said 5JJ_rt, at the Court House, t~e ..... 193&, .,,a ;nth, /tf,~1~C::z:w"/t HARRISONBURG, VA. 7..~ ... •............., FORM NO. Cl"k 5 �,_xecutea;}-7. a:.. _______ by de;,veririg :.i ·ue co tcv1!f:_.~~ 2'~✓./4>~1~-~.L~ !J.,A;;:£-, ----of the witn1n summon ..--~- t:.J'~A-11~, I:.' , v '~/- ~ ~ ~ ~~~,~ / J,f ·- -;r~--···r·· ·-•--- 774..L✓-5'~-~ -~·· ' • rlc{,4 /4~,'Jz,,v,,h, 'f/l'r ~ h jn pvrson. , ,_, r /J ~ ~ t "' I ~ i~ ~ ~ ' �Friday I, accord, morning, Carl Turner, make the with made to me by anyone for the purpose on my part that this will the murder and of John This statement or promises of this statement of reward statement and may be used me. We planned to rob John Loker Sunday before we robbed Lester Nellie Loker, Williams, and killed Williams, him. Lester Williams, said he~new where we could Lester a place buying and Christine asked money, on a trade-in. brother, Lewis. Uncle John's getting vre stole He, Lester, place to see if chickens this John's. We planned was alright his asked if we got the money night. night. to pull to meet in Bryants from my he would go over everything Thursday everything Williams on Monday night me that Annie Frazier that a new V-8 if we got the I did not see him any more until that money was running Nellie chickens told on Tuesday from hlrs. his below Bear Lithia him about on tne-------- Virginia get some money; some cows and hogs. about City I mean by ttwe" myself, Christine and May Williams. and that in Shenandoah Uncle John had sold time, a. m. December 6, 1935. any threats against short regarding and without the knowledge 3:00 , do, of my own free statement afternoon, is made voluntarily 17, 1936, J_ S age following H. Loker on Friday being January was alright. We stole He told this to his me, at this job at his Uncle Hollow Friday afternoon, December 6, 1935. I left him l!'riday morning, I went to Nellie Williams. Christine Williams, Williams' home about Went over to Bryant there on.a Virginia in it. We left there selling Williams, Villiams, two thirty and myself p. m. Friday, I took a oak tree. drink and went up the creek a little left the December 6, 1935. Loker sitting He ll;ld a bottle and gave all the chickens. May Williams, Hollow where we met Lester rock at a big whiskey Nellie after with sone of the women a drink. ways and crossed on ��Page 2 a dam of rocks. Lester I carried leading the way across and Charlie Himmler's John Laker's home. mile We left pulled the Lester and myself behind some cedars, While laying leave going crawled through We crawled stooped over, the wood pile in the hole In doing this, it on. Lester down stairs while got a cold open. Lester I held found this the clothes. Lester got a green drawer in the back up stairs shell, Walked by which held window fast. Lester in. open and searched the the door which Lester set his gun We go up to the he ad of and a hammer and come back both was; searched money in the west Lester I broke the trunk the for the end of the trunk, 'I'he money was in a brown bag. No. 4, twelve the intention a stand raised I handed his opened door. chisel room where we· broke with the of wood to break hand. Lester and myself I where we house. out of the window for Iur. Loker. Lester stick. carrying to the back room where the trunk watch house. the woods to the crawl up stairs. his out the window so he could on right him to down in the to the drain broke a We saw him late up a stick I went in this the money. picked finger door leading trunk fence Lester down beside keeping the fence--Lester the window to him. had a Yale lock steps. under up for We laid corn field, in window to get stick window and I held gun through the to together. Mr. Loker to leave. we got to the chicken he cut a half on a hickory down through out with. it the woods. going where Lester window glass reach for Bryant's the women, Lester and placed was trimming down the rail until Grover to see Mr. Loker leave towards We got up, leaving overalls Lester between ~e then went on almost After watching down watcning afternoon. gun. house. , the creek· of the women about went on through there, the house fence, all gun out of his across the fields to the woods~ from Mr. Laker's was laying May Williams there guage, the trunk of breaking with out of dresser open. We went the other some drawers trunk in the stand. ��Page 3 Found nothing there. we did not break r We saw Mr. Loker the trunk open. . Mr. Loker' s gun from behind first, carrying We crept gun. down beside the gap. kicked his a rail house, We came down stairs door. Lester I followed the picket We came across coming towards fence, the branch out and we crawled and got went out the door w~. Laker's him with instead of going side the rail through the fence so gun. through fence. Lester going around above the grainery. We loaded put the green shell in his the shell gun. I got in the possession. the bloodhounds at the gun. At the Lester from trailing gun. Lester time we shot, feet from us. 'oh, as he fell. Loker, left setting Lester side, pocket.' beside us. caught and said I reached of his pocket. around it. Turned Iiir. Loker Loker It Lester in his was a black forward failed watch over on his face to keep Lester his us and was about on his face, kicking moaned, over a can Run down to N.tr. side, turning in his and got his pocket took his gun to fire money is pocket his ester right to me, 'His John Loker's hammers back of grainery. him by the the yellow Mr. Loker Mr. Lolrnr had passed He fell I We both pulled 'Fire.' corner put with me with to kill We jumped out of wagon bed, of nails wagon bed. top wagon bed with then and I said, thirty-five Lord,' into got in there We decided same time, getting in John Laker's gun in my possession. in his gun before him on his right pocket book with front book out a string away from him, at and we went east that tied time. of where Mr. was laying. Mr. Loker had on overalls, gun beside him on his west yards from this point, him see how much money was in the pocket took the money and handed I laid his side. About seventy-five me to let sham, and cap. it to Lester. He said, Lester book. asked I 'You had better �l �Page 4 throw the pocket in the field. book away.' We come to a draining, the woods to throw circles around went through my sham off, the noney--Two Thousand from pocket on. book. I took Twenty-three Dollars, \:e built lays it had this the fire out, .kicked leaves leaves to cover spot where we had the fire. a small brown sack with all under about what Lester yards west to leave and I took, of 1/ill Chris1iine lit I gave Nellie Williams' the it it. Ten Dollars going over to a log. ·re du·:; out of money, eisht except hundred of woods. \le morning field home and we came through home, arriving there about in the a quart of liquor I went down to I offered to pay her Homer Alger's changed lilliams, them I got we eat worth. on the way back home; Paid ~l.00 for store, evening, buyins 1,ay, Virginia, Bud Stanley from Elkton got cigarettes so I could pay the it. and I went to Herman for and candy. taxi. supper ard I went to Homer Alger's ~3.00 to call groceries, p. m. stove. about On Saturday Dofflemyer's Christine the eight house to keep her mouth shut. I came back to lellie for agreed a while. to get some celery. and I went to bed. Saturday bill in corner Dollars. They asked me where 1 got my money and I told at Hagerstown. there, log, lamp and I made a fire my _unt Lona Turner's for for went across woods to Yellie this Loker' s house the money there Lester id the money under pocket. qnd carried Hollow, 1e and placed counted money in his :,:r. ,....ill Lo.Ker's where hole ground Three Hundred around, All of us come back to Bryant le fire down on the took Thirteen He put to of a little and Christine and Lester tne nearly the same purpose. in brown bag, Lester fence He made a couple Lester Dollars a rail waded a stream to where the women were. I pull across in tl1e woods for the money to be counted Dollars it the bloollt:hounds off. some trees out of leaves. for throwed The taxi a taxi. I had Five Uent to Dollar came; we got in �.. �Page 5 and came back to Nellie there Williams, at the Williams' including driver, home. all back to taxi and went home. Stayed the rest house for Arrived there Stanley about and I left house. person. Lester ent no one come up on us. went to Ott Bryant's Lester Howard \lilliams whiskey, asked him if he had any whis ey, have any, but he thought I got a pint the lane over and-. going told H,-ee into the hill. a drink out of bed, for Christine I called his friend ten-cent \fill drinks Laker's. He stopped me to hide tank with so his I met Lester ;iilliams there, the seven and we went to church. was over, the outside, we found Hettie stayed until not there see me. of us, we all about see him any more until We took place. Filled Got Silas five arrenton He the Williams, p. m. to the taking All went in the ~\.fter church me up. in Lester's Came back about Left coming out e went to car, home. I walked we got Vir six of us. have some. to keep house until back from Warrenton, all inia. e didn't brother's at Elkton. and I of from Jim Bryant. wouldn't gas at Gordon Loew's car door might going by his brother took him over to Nellie next woods Valliams. aid the car and picked and went to Elkton, outside gave him a drink e did through went home to get his to get a dress hard. went through to watch Hollow. the Lester I stayed back to Bryant Went one a. m. the same window and hung the watch on nail. to see that and Lester. It was raining to John Laker's found on nis of liquor. 98¢ a piece. Lester Sunday morning. Took the watch bacK over not want the watch and got a pint two dolls of the night. early Loker seven of us got in cab, went to show except Come out of show and bought Williams' All came to John -lger's Came to Harrisonburg; there where we found Lester church went to IJellie' \lilliams Silas Willia.ms except home Lester. s home, where, and Jim Clift. two a. m. I.1onday and he left. 'I'uesday illiams' in Harrisonburg, on Lester I did when Kiser ��Page 6 brought me there. day we killed Vie were both drinking, John Loker. Given under OfJ1bW,ribed and sworn Uy Commission expires March 18, 1939. but not drunk on the my hand this to before 17th me this day of January, 17th 1936. of January, 1936. �t ���t(j' 1s;,/c.cf 1.P-C~ $ ~ ?e /,..~~~-~ ✓h A.A.-EA'..JYZ,,1",'t, I ~~ 1/" u cl (I... i ~ c;,-~/1~ ., iJ ~ c~ t""ft_rl ,,,Ii v/ I /2..£ I: ,,,_,,_,,_a;&t z--;:;; pi I L'. ,..'1~ = (VI ~ r / A ~1 4 /4-J..l ��'1 ~~~~ 7/4. ~.,,...__.~r ~ v-r~c.c..~/4,c..... ~~ / ~ ;;t;z ....,,.,~ ~ r lo/ ,a.c:-~d • d" ';/":u..-,.. ~~✓ · /C,'3~ Ii /;)-, .,~ l ' ~ ?;;;;_;.,e 1 ~ lrr . (Yh,,- ~ ~ S,' r-~ ,e..,,;...,, (1,1)-'U/h·,,; ~11,L~. . ~ ,r ~a&~. .I • ~/Up£ fh,t.- ~~~ 0-,-,...... / f-rn-Mw. lJr·n,e 1-=- 1 ---- �, �~ ��' ~ -,l'/!J 1~(1; Q'U.,f}'- fNSTRUCTION I .J -du~ The court instructs to.-.:tho ju:ey from all ~it that jury that eJTidence was in every respect the alleged threat. confession or violence, threats, playing persuasion, personal assault, from all the said alleged confession any of the aforsaid voluntarily against invective or duress in this through statements, in authority; HARRISONBURG, AT State vs. Richards, Leers Criminal and made use of from thesaid then you are instructed defendant that 687 by it was no it as evidence case. West Va. 116 - S.E. Law fright in the case that LAW VIRGINIA over and if the jury & HAMMER ATTORNEYS fear, nor by any exercised, not consider or or implied, questioning, and circumstances made, and you should the defendant or obtained was obtained methods, direct abuse or violence, or persons the evidence made, aud by any sort ei. ther persistent or undue influence or held out by any person believe was not obtained ca-ee, in tho and voluntarily upon the emotions, ill-usage, intemidation freely t~e alleged~ cj rcumstoneos end of any influence, hope of reward, artifice, ~afore nor by any promise, nor by the exertion HAMMER Pk~~~~~~ the -the /4,___t. ��The Court instructs believe from the evidence alleged confession to the guilt him in this the that ments or any part such statements, still thereof as evidence you may may have made an statements of the charge consider if any made by Turner, of said although and other Loker, you cannot by you as going to the credibility to the guilt Carl Turner to the officers, of the defendant, case, jury that as against any such state- against Loker, but can only be considered of said Turner and not as Loker. (68:46) �., �INSTRUCTIUJN NO. The court reasonable the jury doubt as to ffhether charged, rule in its of law inflexiable jury, to acquit believe defendant offense to give the benifit him, unless beyond all aided, charged that if they entertain or not the defendant at the time the offence the HAMMER instructs Ir ----- was committed, operation, abetted was at home then HARRISONBURG, AT is the of sach doubt to the prisoner doubt that or encouraged by the evidence add to in some manner the the commission in the endictment. 8c HAMMER ATTORNEYS it end the sworn duty of they are constrained reasonable any LAW VIRGINIA State vs., Lowery 430 205 of bhe �,.. �D. 1i. EARl,.AN, COMi..ON,EALTH I S TTORNEY TAKE NOTICE: That on Saturday, to the Circuit in chambers Court in the of 25th day of ockingham for .aebi011, him to certify all orders him to certify all exceotions of that case Loker. entered while of the On that in that and all on trial 1936, I shall H. &. Bertram County, a transcript of the Commonwealth vs Lester progrees pril, record date sitting in the case I shall cause. entries apoly I shall made during in the Circuit Court ask also ask the of Rock- ingham County. Your applicant ed in the a reversal trial is of the opinion of that thereof cause by the that and he desires Supreme Court of Respectfully rvice L 1 ///!// ~ HAMMER ATTORNEYS HARRISONBURG, & HAMMER AT LAW VIRGINIA / ac epted / this / 20th error a full Commo~eal th Ps Attorney? record ppeals. submitted, day} of 1/ / has been committ- ebru.Ar, and ��I I I ! D. ,. R. N, COM..ON rn LTH'S EY TT T KE OTICE: hot on Saturday, t e 2o~h doy of ril, 1936, I sholl tv tho C1re 1 it Court of Rockingham County, H. W. Bertr~rn 1n c o 1n vnet1on, f .:>r a tr -he Cor rnon co th v l h c:1er . Le""tor n er >:>t of th Lo -:e . t 0~rtify ell ord redo tared t0 certi:'y all o.~cc. t1 On t. that 1 O"v record date cause. no and a 1 entr s r1 tting L tho cose E hul I cloll ask oloo ns: do du :ln n "::ho C!rc . g I ~ ap ly the t Cour of Rock- ~a Co'i ty. Yo ,d 1: r~vor ?" t;l o tr p 11cant ~ .,_ 0 1 t ereof i"' t.:t· t y ...he 0 ca 4·he 0 opinion +-hat er nd he des Supreme Co1rt res 0 or !n n full bcnn co :r-cco p e ...ls. ' aubm1tted, Legal and timely service accepted this 1936. Commohwealth's Attorney HAMMER 8c HAMMER ATTORNEYS HARRISONBURG, AT LAW VIRGINIA 20th day of February, ttnd ��VIRGINIA: In the thereof, Supreme in leth., the the sedeas therein having that the said and refuse said a writ court day of February, by said court that of error 1936, seen and inspected, writ which is to affirm of error the the said Lester then Locker, Locker Commonwealth for the court right, and super- Lester v. of the said be life, of the record being doth reject and supersedeas, judgment House in the cause and a transcript is plainly Court of Rockingham county House of this considered, judgment the 193 6 •. of the circuit been maturely at 'lhursday on Loker for in the Penitentiary of the judgment held of Commonwealth of Virginia was considered confined Appeals, Staunton, of Lester on the 27th., pending of of September, of to a judgment prounced it City day The petition Court of opinion said ~he effect circuit court petition of of Rockingham County. VIJhich is ordered court to be certified of Rockingham County. A Copy: to the clerk of the circuit whereby ��IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA. PETITION FOR WRIT OF HABAESCORPUS AD TESTIFICANDUM. TO THE HON. H. W. BERTRAM, Judge of said Court for Your petitioner, tqrney wealth vs. witness Nellie May 11, 1936, ginia State attend Williams, and that as a witness without the testimony of said Carl this in said case Court on in the Vir- and is willing and ready and that he cannot your petitioner who is in this safely your petitioner proceed prays be granted, a writ directed demanding confined that him to bring in the State to give testimony STATE OF VIRGINIA, County of Rockingham, This day D. W. Earman, and for the oath that before the body of county and state the matters aforesaid, and things .stated at Rich- of the Common- vs. Nellie Williams. Petitioner to-wit: the me, Pauline of Penitentiary on behalf of Commonwealth of Virginia appeared to trial to the Sheriff afiFAttorney, personally to Carl Turner. Virginia, Court trial trial, that ad testificandum Turner, At- Carl Tunner is now a prisoner aforesaid believes mond, before wealth witness and verily corpus shows that for at Richmond, in the of Rockingham County, said assigned said Wherefore, habaes respectfully Commonwealth's for the Commonwealth in the case of Common- Penitentiary is advised County: D. W. Earman, of Rockingham County, is a material said above named petitioner, r . Andrus, a notary in my said county, in the foregoing pub lie in and made petition are true. Given under my hand this (?~ 1st day of May, 1936. /J,1.,t, ~otary Public �. , �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA. COMMONWEAL TH . CHARGE TO 'IHE JURY. vs. . LESTER LOKER • Your charge of the felony is to inQuire as charged If you find dictment, and was wilful, him guilty tentiary or, for life, dictment, find his than first punishment of murder, deliberate If you find then him not guilty, aforethought you shall find his punish- by confinement in the peni- than twenty as charged degree, in the penitentiary twenty in- and ascertain with malice second in the with malice and premeditated, in the by confinement nor more than as charged any term not less him guilty is guilty or not guilty. degree in your discretion, of murder accused and premeditated, and the same was committed him guilty five indictment of murder, in the or for and was not wilful, the same was committed deliberate If you find • the of murder ment at death, in the him guilty and that whether years. in the in- aforethought, then you shall and ascertain for not less years. you will say so and no more. �I • �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ................... ..... .. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::11~ who stands ~harged wit~ed for a felony mJ_sdemetmOI'. And this ...... .... ............................... shall not 01mt under penalty of £100. And have then and ~~~ Witness, J. ROBERT SWITZER, Clerk of our said--J;l:}, at the Gou.rt House, the day of ~ 19 } {-rand in the I -~ .0 ···? of the Commo7ealth. ~ 7tJ. "..)..- _ ) ;};·7'··~~-, THE SER.VICE PRESS, HARRISONBURG, VA. Clerk FORM NO. 5 ��1. Contrary 2. Admission to law and evidence of evidence on behalf of Commonwealth over objections of the accused. 3. Failure to admit 4. Failure to give evidence certain tendered on behalf instructions tendered accused. 5. Verdict is without evidence to support it. of the accused. on behalf of �• �-· \ f",-;_ ~~.' • '-i-rut/{~ t/ I I 1 INSTRUCTION NO. I The court being with malice murder which other murder \ kind instructs the aforethought is perpetrated of wilfull, in the first jury that is guilty by poison, deliberate, degree. / whoever kills of murder; lying in wait, and premeditated a human that a or any killing is ��Instruction The court killing infers further is willful, malice instructs deliberate, from this fact. No.~ the jury that and premeditated, whenever the the law �\ I �Instruction The court a willful, sary length that that further instructs deliberate, the of time at the time the and premeditated intention prior such intention ':J No. to kill should to the actual should of killing, come into jury that to oon sti tute killing exist killing. existence or any time previously. it is not neces- any particular It is only necessary for the first time ��Instruction The court from the evidence and Carl Turner, murder did further that present and that and kill at the instructs a conspiracy John H. Loker, shoot No . said time of said jury of that pursuant killing by words and gestures then the said if they believe thereto Turner of murder was to the said and that Carl the prisoner conspiracy Carl Turner Lester and a~ded by acts, the said Loker is guilty that was formed between John H. Loker, couraged Lester the the purpose and that the .!:/_. Loker was or en- in said in the first killing, degree. ��Instruction The court the weight case, the witnesses any, further to be given jury are result _;f:__ instructs the the testimony authorized to the parties, in the No. of this case; their their demeanor intelligence; their means of information, the testimony of such w.i.tnesses seem to be entitled temper, whilst as under to. the in determining witnesses relationship same is proved; any has been shown; witnesses that of different to consider if the jury in this of the their interest, feeling or bias, testifying; their and to give such credit all the circumstances if if apparent to sµch ��Instruction The court instructs the Commonwealth to make out its clusion of a reasonable or attempts the alibi the burden to prove rests still No. jury case doubt, an alibi that against the burden the accused but where the accused in his defence, upon him; but upon the other rests rests upon the Commonwealth. to the exrelies the burden questions upon the upon of proving in the case �• • �4-t.e-- ~~~t:-l Z kL~ ~~u / rl~-~~ fr~ ~ h ,t ~ l.,t.. f{, , / /(b /\ /4 ~ ,,--::. I ~! ~ ,. /4 £,-t,,-~t/ /7~c., "Ctt'c~f,t,r/JCfrt,it-f ~ 01- . <!<... I l ., '? . ·wt' rro • .¥ k ---vi..-,~~ ;/: 1):1..i.~.--~~ •·1.___,.,,,-......, ~ xr1<..,,r,,a.-t., ~ ~~ (h,L J ~ 4, -/~ ~-- 7 7 . ~U- ;;,;, 17-'?-tYU?- -c;;e,,r fli , ~ / 4~ ~ V . • a...-zd 4---.lhrt-v -~·~~r:,Q.. , c.,,_ /!.~;:;ct,__, I,)• 7-l_'t!4,,, e.. .,:u,/ . ~d ~vf ,~•, • dc ?r, ,,?;- 1, rvu-eo,,frfA-v-, ·1, 1 ~ ~~~d 1/f ~ r,,.~.,.,. ' Pt rt1~1 _, ~ .. µ,_,_~ (y .~ ~ v( . 'f.e ~'/,.-/Cµy/ ~ k' ✓p. ,J'L>Cr'7 Ccvµ7,,t~kt.t.P-e,{ e't,- vftz:£ le d f ~1 p;~ ~?~ _,,,.,_~,, ,.'~u:j t_,,~..,,,.," ~~"V'T c-.-~ ~ {VH_Q_~1 ct.Z- ~-WL-t j-lrl ?p 1~t,1t,~ ~~~~bQ-✓-:~ . J �II l ...I, �IlTSTRUCTIONS NO. The Court instructs to testify stance creates the Jury that no presumption the failure against which the Jury should consider of the accused him and is not a circum- against him. INSTRUCTIONS NO. The Court instructs the Jury that confessions caution further instructs weight and effect believe the. Jury that which should or disbelieve the confessions they are the final oe given any portion judges as to the confessions as reason may decide. the Jury are entitled under which the confessions ·z.~ were made. to consider and the Court all and they may In weighing circumstances ��; i Instruction No. ---·I instructs the jury The court human being with malice murder which other murder kind aforethought is perpetrated of willful, in ~he first that degree. is guilty by poison, deliberate, whoever kills lying a of murder; in wait, and premeditated that or any killing is a ��Instruction The court killing malice is willful, from this further instructs deliberate, fact. No. the jury that and premeditated, whenever the the law infers ��---------------~-------------------------. Instruction The court a willful, sary length that that further deliberate, the of time prior at the time instructs _J_. the and premeditated intention such intention No. to kill to the should of killing, should actual come into jury that killing exist killing. existence or any time previously. to constitute it is not neces- any particular It is only necessary for the first time �l �Instruction The court further the weight to be given this the case, jury of the witnesses interest, if ing; to give the their instructs the the testimony are authorized jury to consider if the in the result of this if any has been shown; their apparent such credit circumstances intelli 0 ence; to the testimony such witnesses that in determining of different to the parties, any, ing or bias, No. their witnesses the relationship same is proved; case; their in their temper, demeanor whilst feeltestify; means of information, of such witnesses seem to be entitled as under to. and all ��Instruction The court presumed and the it. instructs to be sane until burden of proving the No. r jury that the contrary insanity is every man is is made to appear, on the person alleging �.. �Instruction The court the evidence and Lester murder that the jury a conspiracy Loker, and that John H. Loker, Loker did shoot Turner instructs No.~- was present the purpose the pursuant said at the time by words and gestures killing, the first degree. said Carl they believe Turner of that thereto the killing the prisoner the was to said Lester and that and aided said Lester is guilty from conspiracy John H. Loker, of said or encouraged then if was formed between and that and kill that Carl by acts, Loker in said of murder in the �I I j �Instruction The court the evidence Turner, Loker, the fatal and that find the doubt of firing if they believe that the prisoner, guilty of murder fatal of his shot at the deceased purpose the death said and consequence and premeditated the prisoner that shot which caused at the time the nature knowing he fired liberate, the jury beyond a reasonable fired of knowing instructs No. with of killing in the first Carl of John H. shot act, from was capable and that the willful, him, they will degree. so de- ���INSTRUCTIONS NO. The Cou;; rstncts be innocent :!:a this the Jury that presumption his case and he is entitled further instructs to prove oeyond all necessary rollows throughout to the benefit the Jury that reasonable to his conviction. the accused is presumed to the trial thereor. in lmd the Court the ourden is on the Commonwealvh doubt all the essential tacts ��INSTRUCTION NO. 9 The jury evidence beyond a reasonable John H. Loker, in killing that with Lester purpose, mentally ignorance, aiding for the nature to know that and consequences killed Lester after Loker having in wait of murder in the first degree, minded, ignorant that for his that he and of a low order mental of intelligence his from the lying they are told and a low order capacity and abetting from the evidence exempt him from responsibility cient Carl Turner in the indictment, he is guilty weak or feeble of intel~igence, if they believe Loker so to do and after even though they may believe a that doubt that or was present him, as charged conspired for is instructed weakness, cannot under the .law crime if he had suffi- act2 were wrong, and understand of such acts. �.), .t 1. 'J ·r .. J �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA. COMMONV EALTH v. CHARGETO THE JURY. CARLTURNER: Your charge guilty is of the felony as charged If you find indictment, thought shall tain the and was willful, his him guilty punishment than twenty at death, and the and was not willful, shall find tain his less than him guilty punishment five with malice and premeditated, or f0r guilty. in the aforethen you degree and ascer- in your discretion, life, him guilty of murder, same was committed deliberate, by confine- any term not less as charged vvi th malice and premedilated, of murder in the by confinement nor more than If you find more. for or, or not as charged in the first is years. If you find indictment, of murder, deliberate, the accused indictment same was committed of murder ment in the penitentiary ~hether in the him guilty and that find to inquire twenty him not guilty, second in the aforethoughi, then degree, in the penitentiary you and ascerfor not years. you will say so and no ��B. H. BEYDLER, BRIOGEWATl!:R. M. D, VIRC.INIA �Office Hours 12 to 2 p. m. 6 to 8 p. m. B. H. BEYDLER. M. D. Bridge=ater, Va. No................................ !1-q'-3 Date ........................... . fu ���PrisonersReportof Rockingham CountyJail ~ Month of ...M<- .. / '"'/ ..........193~ ... Date Committed ........................................................ Mal ... .M. .. ... Female ........................ Age.;!.~ .. Race.~ Single. ... .~Married .................Divorced ................. PlacP~f Birth.~~/4··-······· Time in .... ........If Foreign Born .................. . S...................... years ..................... Months ............. _ Physical Condition."/-".;/:. ..............................Is person a drunkard? .................................... or drug victim? ............................. . Can read~.::.,.. ..... / ....write? ...................... Occupation ~ ....] ............ Offence Committed .....~ .................... ............... . ·' I City Ordinance ........................ /!....................................... State .................................... Held for Grand Jury ..................................................... . 1 Held for trial .................................................................. Sentence.................................... years.................................... months ................... . Fine ....................... _...........Costs .................................... Time in Jail .................................... Held For penitentiary ........................................ .. Held as insane ............................................................................. Held for other authorities ............................................................................. . Behavier ............................................................................................. ,.............. Date of discharge ............................................................................. . DESCRIPTION OF PRISONER Heighr .......................................... W eight .............................. 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 ............................................................................................... . Mole marks Fingers off ......................... . 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 Jailor ................................................................................................................. -............ Sheriff �) ) l_ �PrisonersReportof Ro~kingham CountyJail I < ,_. .......................193...\L Date Committed ........................................................ Mal~. ;. F/JJ.'························ Ag, Plac of Birrh ..~~·····y_If '2.)~ Rae,.-,= s;ngl .......... M,n;e<J. .. ... Divmce<l ................. . Foreign Born .................. Time i , . S...................... years ..................... Months .............. Physical Condition ....-9. ......................................... Is person a drunkard? .................................... or drug victim? ..... I C,n ,e,dl_ ····· .. w,fref ,· ... Occup,tion . ... '. ... .r1.off,nce Commiu,d .~ ............ ·········f·· City Or -nance...................,/ ................................. 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. ... ....... .. ......................... ......... .... .. .. . ... Behavier ............................................................................................................ 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 ....................................... . ...................................Breast marks .............................................................................................. . Left arm marks.................................................................................... Right arm marks ......................................................................................... . Left leg marks.................................................................................... Right leg marks ......................................................................................... . Fine after prisoner at jail; Amount to Stare $ .................................... Amount to City $ ......................................... . ...................................................................................................... Deputy and Jailor ......................................................................................................................... Sheriff �• ����.r - --- .. - - .., - - - - - ..... - - .., .., - - - - - ..JlwC - - - - _. ✓.,.., �- tY_ / L A (L -ti c" •---'~'1"4"U _~ • {..{::/, ·~~~ - /c. ~ -r-·-~ ~ lLJ ~ ~ ~--~~ ,~te~ ✓-d' ~d ~cl y ~ 2?i ? ,• ~. /t- A ~ ,.,-/ kUt-Lt /t' _t:, :7, ///. ?t.~ • . - • ' _,.,,._• , • 11..o,<~A .-,t_~ r ~ ~~ V"... / 1 i- ,.._,.n~ I ' ~ _. ~ ~ Z~;~ --- - U~...,_...._., Ur f ~~--II --7 ~- • /. ..__....._~ .A,/1-~ .. t/ fa --,._~ ,.._._._ "'Jµ-j& ~,7~ - --- ~ -(,() /1J... ~ / '-;?/4 ~- y f '-R D -J~~~ ~~",.,r)/_, ~i. ...,,71LL:::.-..,, __ �T �_ td ,c,,,~ 3 ~7/Aµ_rn.-d~.. ~ '~~ ~ ~~ , ._,e~ ~ _ - • ~~- /d-- kL<-J Jf/f,t~e ---~ ;d(&t~ ., ~t-4-~ ~ .__,,,.,~-- ·~~ ~ /, .jk h4;~ A I - - --, .,LV w ~ ;:# ~"2"T.t..,,f~ _2_k.., , VALldl~,;-lt~_!.i_~~ -~~ ~~: - -~~--~~--~ ~__U"""""I~ ~ti~ ~ tt/ tl __ __ ~vi .,,,_c - _ / u _ :,;, d ~- d ~~ur.t - - - ev,ktf / (b_~ -------- . :;r -..--,-1_-"- ~ • - . --.... - A ~~ Cti t.f .. ~- -~.~~ ~- _J- ' ,-.J:'. t ~ yU ~(. -- ~. - ~ _,,,. ~_._____.__..__4+----1f---JL-'---"~~~~~~~ ~~ - µ... _j_). ~- . ~ . ~ - -~~~~~1 _✓ ti - - --r -~..L- /ttwt_ I_ _ ,,.,,---,-~-• •~- v c...___,._~ :r r'- �I I I I I I I I I . I I .I I I I I I - I I d \ I I I F I I I I I I t t I l. ~ ( I I I I. I I Il . I I + I I ': I I I I I I I . I I I I I I �• ~d , /0 c--,, L v ~~~,l:M~ ~--------1 �l �'-lA.,, ;;l t- • I /( . 1' ~ ;(( • ~- / I' - - ·_ - ~~~- _,/~ CLLtz . ~n- ...e_/t..--1\.._ J4'--Vl-t~----+---=.-- t¾ '-?U.- - ~uvf~ i.t1 ;2 a~A-. t, i • ~ .,-,,:. -JU4/L/--¥ ~ ------ ' -- - - I �\ ·': ------- �INSTRUCTIONNo_.;../S __ The court accused the jury that are to be received instructs the and effect believe instructs jury ing the confessions cumstances that under with caution confessions the judges be given to confession, any portion as reason jury are entitled which the confessions made by the and the court they are the final which should or disbelieve _ further as to the weight and they may may decide. to consider were made. In weighall cir- ��The court instructs of the credibility the jury of the evidence or more witnesses may postively that they are the sole and witnesses testify from the evidence, witness the impDobability the light said in so testifying, of the surrounding statement altogether said or untrue. statement the motive by witnesses, if they believe one fact, of the of the statement and circumstances may not be contradicted disregard be improbable facts and although as to an alleged yet the jury may consider judges in and although they may the same to ��The court prisoner instructs guilty, from the evidence and that endictment. jury that they must be satisfied adduced the defendant with Car-1 Turner the in this Lester they can find beyond all case that Loker, in the commission befora reasonable a conspiracy conspired the doub existed, and confederated of the offense charged in the 1 ��INSTRUCTIONNO The Court every person to his guilt instructs the to be innocent is proven of the accused, him. His guilt proven of his convict, derance his of the evidence is no reasonable his guilt theory which he can be innocent. duty to acquit even though or probability is not sufficient the charge, must be proven consistent the facts but they must be if the larger supports and if there doubt of the Mere suspicion how strong, sufficient their guilt, innocence. essential doubt, jury any reasonable with his no matter nor is it conviction every fact is not to be inferred with his guilt, until the law presumes the law makes it ·ere consistent inconsistent that beyond a reasonable is upon the mind of the guilt jury weight to or prepon- but to warrant so clearly~ with the evidence µ there upon �11, J �Instruction The court find a verdict such evidence instructs No---'------ the jury that 'fl,' while upon the Ul}SUpported testimomy is to be received with great they may of an accomplice, caution. ��I 4, Y ~- /, I ~ .J~, J? ·, ~ )4,,....,,,~.,, 2 /4..4- __,,, ~ - 35 )·; J 2 • ) • ~~ ~ �36 -- ----;-- --- Ir �37 ( .2) J /, ;-, ,/ Utl. .. ) d [;,Ee-. ~ ~ f.., ~ tC ,; ~ �38 �39 ~v ~~ • ~ _,,i1 ~~ y ~~ .. ...,e Jl VJ ~ _p ,-4, r; t u 1 ~rr~~ ~f' 6 '£:~ ~ /4~.;..,t.... ; _,a_,_;tl ~ ~ ~,- ~ ea .,/4 ·~"~' - ft ?£,/ .,Jf2, -t L.,,-' ~......,, k ~ r:1)-- ~ ~l,l_c7'~.....,;k rJ A~~ ~ ✓ ~v-; ✓• • d ~ ~~1 ~ _c;::;:~~ l ~--~• .P-.i~✓ ,1 ~~ ~ • ~~.'-C.,,f \ (7f ~ ~ �40 I. l �41 __ ..,._...., ""'.._,. -:>-r.~.,.._,...,...,... e'i. _/J -~~~ ~ , 7 ., , --<-- ~ ._/4-~ 7 . ~ J{_ ~.........,...,.~,---,,. --.:i- , J ---~~ cl Ct:< ✓I I r1i . tL ~ -- ~ ~ I> },- ~ ~ ~- ~ -~ JL-,~ &. �42 �43 ~ _ff /.. 1.. ;;.:.,,: ,. r- I l ;. . ~ -~J --==----,q..-~,. ...,,I', ( ~/ i l l C, .~ 4i-~ ~i;.- ~ n ~ ~ ~ I "" ~ t..-S;-,.,_,,,._"-'""" ~ '">~-,.#"'uL .. 'Lrli • , ~ . l,-,,,,,ita¥1~ i~ ~ ,.,.,,;I,_ ~..,~ 6 ~11":C~ • fl c,e. 3~ �44 �45 ( I., �46 �( ~ 1 47 ) �48 �49 �5(i) I I I �f;; tr.l ~ , (') ~ <: • ~ II t-i ~ & ......., ~ (I t,-1 ! ~-, 0 "v ,~r~ r~., -kl f ' ~1- i ·--- (' �•' I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Lester Locker and Carl Turner Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder (note: bullets, fingerprints, confession, plea of insanity) Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1936 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<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_004 Locker Turner https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_001_commonwealth-v-lonnie-reynolds.pdf f2547b9bab5686e0167dbf2ae5ef1d5f PDF Text Text �,..._ "l ..._.... �CONFIDENTIAL VIRGINIA SUBJECT: POLICE REPORT Linda Kath e rin e H0 11ow,q, Lonnie S1-ATE SP-102 Revised 4-29-59 v·l.C tim Accused urton Reynolds, Div. File No. 2D-l8522 TT No. Date: Nov. 1, 196o (Appx.) Time: unk. Place: location unk. Roc:kiagham Co. -~act Rockingham County Code No. 082 Discovered by: ~ctim Motive: Weather: uok. sex Value Property Stolen Recovered Abandoned Currency, notes Jewelry, gems Furs Clothing Vehicle Miscellaneous Total ~ STATUTORY RAPE DESCRIPTION: Extradite?_ Accused wanted this offense? Warrant issued this offense? Department? Dept. Date Arrested 2 3 Nos. l Arrest 7 6 4 5 ENCLOSURE: Polygraph report on vie tiln and Date Recovered: Place: Stored: Address: Released to Owner? Other Disposition? Time: Condition: Date Date accused DISTRIBUTION: I & R-1 SP Culp - 1 (!A .Tnm,:,c, 1 F;1P Origin: Date 12-11-61 1...X.Requestother agency 2_Citizen complaint 3_0bserved on patrol 4_See original report 5 Telegram or teletype SUMMARY: Time C!-1-.-.,.,, • r.A l1r.rlr;nc,hn"' - -, , ,.~T r.,.. 6_Telephone 7_Correspondence 8 Personal Vehicle Identification Make Model: Type: Color: Lie. No. State: Motor No. ID/Ser. Original Report: Yes No D Date of Report: 12-29-el Date Covered: 12-19.61 Report by: Beno·ington Imr:. c. a c. At the request of Mr. James Sipe, Comm.Atty., of Rockingham Co• ., victim an:l accused were given Polyeraph examinations on 12-19-61., Standard Polygraph procedure was exercised throughout. Two charts were run on accus~d~th specific reactions to relevant questions. Under interDogation, accuse admitted victim told subatantially the truth in her testimony in the preliminary hearing and that he has h d intercourse with her twice~ Dep. Sheriff Gle1m Wilcox observed the examination. Three charts were run on victim. Specific reactions were given to questions concerning sexual relations with more boys than she has told about. She admitted she had intercourse once when she was four years old and once (with Roger Sailor) when she was about seven., She dogmatically stated these were the only times except for the two times with accused., Specific reactions indicate she has not told the complete truth in this case. She seems very doubtful when asked if she is sure that accused is the father of her child, but will nake no admissions in this except to state that accused is the father. It is rrry opinion that she hast old the truth about having intercourse with accused but has not told the complete truth about sexual relatio 0 with other persons. sr,1;• ';'\.' ~ I-~ DEC 4 -:: 20 o ;-~1961 i "•4 Undeveloped Leads: o.e __D_iv_·._H_a_n_d_l_e..:aD:.... __ I_&_R_.;;.H....:a..:.n....:d..:.le~□=--1 Victim's _L_ea_d_s_:_H_a_n_dl_e_d....:□~ OPINION: victim has not told oompl0te truth Address: Grottoes, Unfounded O APPROVED DIV. COMMANDER Approved Va. Pending O ... �MODUS OPERANDI 0 ...J I ~ Vl ,., .,, PROPER:TY IDENTIFICATION C " u. c 0 0 < a:~ (OTHER THAN MOTOR VEHICLES OR TRAILERS) r .; 1 2 3 4 5 6 7 8 . QUANTITY ITEM MAKE MODEL COLOR SIZE SERIAL NO. .. ' ( . ', . . -~ ' l < .\. I 9 10 I RACE & SEX OF PERSON ATTACKED ~-No Person Attacked X,_Not Shown O_White Male I-Colored Male z_White Female J_Colored Female 4_White Male & Female s_Colored Male & Female <,_White & Colored Male 7_White & Colored Female B_White & Colored Male & Female SCENE OF OFFENSE oo_Not Shown Ol_Accident Scene 02-Airplane OJ_Airport 04_Alley OS-Apartment oo_Automobile 07 _Automobile Agency OB-Bank 09-Barber Shop or Beauty Parlor IO-Beer Joint 11-Boat l2_8us lJ_Church 14-Club IS-Dance Hall lb-Department Store 17-Doctor's Office lB-Dr11g Store 19-Dwelling 20-Factory 21-Farm Land 22_Garage or Service Station 2J_Garage CPrivate) 24-Grocery Store 25-Hardware Store 2b-Highway 27-Hospital (Medical> 2B-Hospital CMental) 29_Hotel 30_:Lobby 3l_Motel 32_Office Building or Office JJ_Out Building J4_Penal Institution 35_•Place of Amusement Jo_Post Office 37_•Publlc Building JS-Railroad (including station) Jq_Restaurant 40_River ~1-School 4z_•store 43-5treet 44-Theatre 4S_Warehouse 4o_Woods HOW ATTACKED oo_Not Shown Ol_Advertising oz_Agitation 03---Attic 04---Automoblle OS-Basement Oo_Beatlng 07_Betting OB-Binding & Gagging 09_Blesses IO-Boarding 11-Burning 12..-Burylng Money & Leaving Bus, Et<:. lJ_Call ing for 14-Ceiling IS-Collecting lo-Combination (Safe) 17-Cutting lB-Door (front> 19-Door Crear) 20-Door Cother) 21-Drugging 22-Employing or Employment 23--Establ ishe, Credit 24--Exchanges 25-Explosives 26--False Pretense 27_Finds Money (Pidgeon drop) 28_firearrns 29_floor 30-Forging 31-Fortune Telling 32-Gains Confidence 33_Glass broken 34_Ignition JS_Intoxicated 36-Impersonating 37_Loafing 38._Mail 39-Misrepresentlng 40-0btain for Repair 4l_Parked Autos. 42-Photography 43-Pick Pocket 44-Pull 4S.-~unch 4o_Rent 47_Rip 48-Roof 49-Sell SD-Sex (Natural> 51-Sex (Unnatural) 52-5natching SJ-Stabbing S4-Statement (Oral> 5S_Statement (Written) So-Striking 57-Stripping ss_strong Arm S9-Telephone 60-Threatening or Holdup bl-Transom 62-Uttering Forged Checks 63-Uttering Worthless Checks 64-Wall 65_Window (front) ob-Window Crear) bl-Window Cother) MEANS OF ATTACK Ol_Not Shown 02-Absconding 03-Automobile Q4_Bar OS-Black Jack or blunt instrument 06_8odily Force 07-Breaking or Forcing Locks 08-Bolt Cutters or Pl lers 09-Bottles 10-Bit or Drill-size unkn=..wn 11-Bit or Drill ¼" 12-Bit or Drill ¼" 13-Bit or Drill ½" 14-Bit or Drill ¼" IS-Bit or Drill ¾" 10-Bit or Drill"'¼" 17-Bit or Drill 1" or over 18-Brass Knuckles 19-Breaks Glass, Door or Window 2o_Certified 21_Ch,mical 22.-Chisel, size 23-Collecting 24--Concealment 25--Club 26-Driving Away 27_Drugs 28-Engraves 29-Explosives 30-Failure to Deliver Gocds Jl_Fictitious Orders 32_File 33 __ Firearms-Automatic 34_Firearms-Machine Gun 35-Firearms-Revolver 36-Firearms-Rifle 37-Firearms-Sawed Off Shot Gun 38-firearms--Caliber not shown 39-Foil 4D_Glass Cutter 4l_Hatchet, A:J.& Shovel 42-Hauling Away 43-Horse Racing---Fake 44_lce Pick 4S-lnflammable 4<,_Jack 47_Jimmy, size 48_Jumper 49__ Key SQ___Knife or Flat Instrument, size 5l __ Ladd,r 52-Literature SJ_Matches 54_Missile Rock SS-Money Order 56-Note 57-0pen SB_Oxyacetylene S9_Paper 60-Paper Clips o J_Pay Checks 62.-Photography tJ:J__ poison 64-Pretends to have gun oS-Pretends to be Collector 06-Pretends to be Doctor 67-Pretends to be Investigator 68-Pretends to be Inspector 69-Pretends to be Nurse 70-Pretends to be Salesman 71_Pretends to be Writer 72_Promises 73-Protectograph 74_Prying 75-Rags 76-Razor 77-Rem·oves Panel From Door 78-Rips or Removes Screen 79-Rope or Wire 80-Saw 81-Screw Driver, Size 82-Shop Lifting 83.-Snatching 84_Spying BS-Subscription 36-Syphoning 87_Tickets 88_ Typewritten 89-Wrench 90-Written, Longhand 9l_Selling TRADE MARK QQ_None Shown 01-Admitted through False Pretense 02-Armi:!d & Threatens 03-Ate Food & Drinks 04-Bogus Credentials 05-Bare or Stocking Feet Ob_Burns Matches 07-Carries Safe Away OB-Changes Clothes Q9_Checks Printed, stolen &- Counterfeit 10-Chewed Tobacco 11-Commits Nuisance 12-Cuts Telephone & Light Wire.> l3_Depositing in Bank & Overdrawing 14-0isconnects Burglary Alarm 15-Disorderly Worker lb_Orugs or Chloroforms Victim 17-Ent.ers Home While Occupants: ,ue Present 18_Escapes on Foot 19-Establ i•,hes Credit 20-Expcrienced Worker 2l_Extortion 22-Exhibiting Bank Book 23-Flash Light Used 24-Follows: Victim 25-Fr.audulent Collecting 26-Fur ~acket 27-GainS"' Confidence 28_G!oves Worn 29-Guests 30-Hitch Hiker 3 l_J ndecent ·'& Obscene Remarks 32-lnsurance 33-lmpersonation 34-Jewelry Only 3S-Kidnaps Victim 36-Kind & Polite 37-Labor Trouble 38_Literature 39-Leaves Door or Window Open 40_:_Lines Victims Against Wal I 41-Locks Victims In Room 42-Loiters Around Playground 43-Makes Victims Lie on Floor 44-Malicious Damage to Property 4S-Molests Workmen 46-Money Only 47-Ncrvous 48-0ffers Candy, Money, Etc. to,-Children 49-0rders Taxi &. Robs Driver 50-Party Burglar 5l_Passes Good Checks First 52-Pretends to be Drunk S3-Pretends to be affiict,d 54-Pretends to be looking for Fictitious Person 55_Pretends Auto. Is Broken Down SO-Pretends to be Purchaser of Auto. 57-Pretcnds to be Delivery Man 58-Pull; Blinds Down 59-Purchases Goods &. Receives Balance in Cash 90-Remcves: Glass without Brealdng 61-Removes Pane,! from Door 02-Rentir:g Racket 63-Requested to use Tefephone or Toilet b4_Rings Ooor Bell 65-Rough Voice ob-Sells Without Proper Title b 7 _short Change Worker 68-Smokcs on Premises 69-Solicitor 70-Steals Auto. for Stripping 71-5teals from Auto 72-Steals Victims Auto. 73_Stolen Auto. Used 74-Telephone Ca!I-AnonymoLJs 75_Uses Jimmy or Screw Driver 76-Wears Mask 77_Victim Intoxicated �November 28, 1961 ' Esquire We W. Wharton, First National Bank Bldgo Harrisonburg, Virginia ,. Re: Commonwealth v. Lonnie Reynolds Dear Mr,. Wharton: To confirm our discussion of the above captioned case, I feel that it would be advantageous to have your client submit to a lie detector testo The family of the girl is very anxious that this case be sent to the grand jury at the December term, and therefore· it w~ll be·necessary to have this lie detector test made prior to December 18. ' As I have previously this test and the results show in the colllll)ission of the crime the case against him dismissed. clusive or should show that he the prosecution of this case. and if Police matter. informed you, if conclusively that with which he is However, if the is guilty then I lease adv1se me if your client desires to take this test, so, we will make arrangeme c to have it done by the State • in Culpeper, Virginia. Thank you for your cooperation in this Very truly yours, James R. Sipe, JR.S/sfd he does submit to he is not involved charged~ I will have test 1s not conwill go _ahead with �1 �g~~ - ~ c/ L~ /;;z - ~~- - ~~e!?;~~- u/~~~ - ~~~4=-~~ ~£?:11~,,,~~~ _/6 ~ ~ / - f'S~- ~-c«r [L~o-:u4~[L )( ~.//d~ ~~ --~-' :!;~~.~ ~,e7ZIZ.- - ~) ~~~ - ~ I /~~ - ~~.LG ~ ~ 7?~ f. ~ ~~ -<£)/}_ ~~ ,,,__-z/~~LP/~ _<"~ ~~ -.l,2,v~ 4~.X-- - - - • 7 ~ fl-?... ~~ ?~~~­ t:Y~~/L~~ *?•c«z ,:zu~ ✓ -u~-~~_z;R~~ ~o/' r~~- ~~i/ ~~- £.~~ ~ {/~ w/ ~~ ~ ~ ~ ~-~ ~ ~~- ~~ ✓-~ ~~#~//7.~ k// .1~ L~~ ,M#--~ h~ ~ ~ ll ~~ ,;:/'-~~~~~~- ~(?-- / - - k~ ~ - ~~.~ -~- 5~::lz_ 9 - ~ ~/4d az_ c/-c/'~~ ~ 4~~ ~ /-,,,~~ tt~ - + ./ ~~"if~~~- ~ ~~ k~-~/Z:- ~4./"' - ~--; ~ ��j_~ : ;d-£~ - ~- ~- ~ 7 - ~ ~~4 ~ o//~ -~/4~ . /~~~~a~:_ 120/~~JL-~ ~~ - ~~ ~~ ~fr41'~ 1/ ~~~~7r~,- -- ~ ;Z?'~ ~ ~~ - ~,,/' ~~.a/~~~z~­ c~ ~~~~ar - ✓ U'~/4J~ u;:/~~~~-.~/K~:~✓/➔ ~ ~ h/J ~~~~ ~ ~,- P/J.jydtit// f~-1. /4~ ,?d_,,r - ,tbu., tv~ Z-,J ./4.zu, t,,b-, c~- >- ✓ /4/6./.~ ~ ~ ~~ ~ $ ~:":'/ £J..cd/ tf- ~~ ~~ - ��December 12, 1962 Mr. Howard Holloway Grottoes, Virginia Dear Mr. Holloway; The case against Lonnie Reynolds has been set in the Rockingham County Court for Tuesday~ December 18, at 2 p.m~ I am sure that the Judge will be able to hold a he ring in this case on that date and I hope that it will be convenient for you and your daughter to be present at that time~ Thank you for your cooperation ~ery truly in this matter. yours, James R. Sipe JRS/sfd ��Hovember 6, 1962 Ur. H ar Grotto 8 Iol_o_,ay 51 Virgin·a D nr ?-!:.. o .. olloway: The case. a,zainst Lonni ,eyriolds cckingham County Cour- for &nd· has be n s t in the ecenb~r lOi at 2 Po o Thio wae the first date available to the Court, and w ~h th other atto1."0eys and tl ••o dat will be convenient to all arties cone m~~. . hav checked I hope this p:oas cont2ct "ate is me. as S' onvenie: t to you ... and i· as possi 1~. ith best.wishes~ remain Very truly James JRS/sfd ROIi yours, Sipe no· e; ��,,. ;J)~Y,/~1._ .ll, :, .!;{ A" //'J > • • f _ .--r J I /iC, t'' ~7A'.,1-,1• • /.r• ✓ ~/ ��rI( .I I JUVENIL COUR COUNTYOF OCK.L1'111 ORDER .. .r-:t;":U"tl ST 7E OF VI I Upo in ormation received w lth's ttorn juvenile c plainant off n e o oul y, it app ari 16 y r to th rap; nd it furth eou for said r ind st it is h reby ordere b to uh it to said test, p rformanc Giv n n er y han chargin of n -,. ATTORNEY R. SIPE A.T LAW I H'\RRISONBURG, VA.. Lindr Holla ay him with th it H lla ay to submit to a that ad id tes thi de to the Court that 15t aid Lind uthority i Holl way hr by on said j venil. day of Dec Judg, Juvenile Court County, Virginia JAMES ipe, Co on- Court that pear poly raph for th Jams Re of age (born N vember 20, 1945), h s gain t Lonnie Reynold, b ir c ro er, 1961. �• l '% :i-:ru ::t.J: 0 o • d -:r 1 ., 3918 WA.J .fl TA 83MAL y· M.flO~TA I .AV ,i>l!U8l)!021>lflfH �/lf~~~/ JJ~lf~- - ~ ~--- ~-k~ ~~ K~~-//~~ ~· 1 & { dnn ~ ~~ /ro/>') -- Id- _Jr?~/~.>~~~~ ~ ~~~ /4//~ -'1~ ~----,,,c__- v£,*~ ~ t1f'~ ~ ~7 ~~ 7 /--ef ~ ~ ~~~ __ L~ - ~ e?? - ~r ~ -/9M- / "' 2 I -- 3' ~~j c/~4--1 ~$r~-- ~~~ L--M/4 - r~~ -?~ - aJ~~~- .i ~~~~ ~~i;~ ~~~-(~ea/~~ - ~ r,:Y72- .~~~ ,I~~- /2 6? ~M £_.L~ - ·7 J- v/~~~-~,,_/.;,.,. 1P'/? ~-~ La-? ~- -r~~u// ~ - ,5.ZN,;,-7~ - ~ 7 /·,;?/7, ~ ��Comp. Form 18-A ST A TE OF VIRGINIA ~,)FipOF_ Ha,,,.n1. ............. s-on.....,b.,_.ur....____..g ______ _ l To-Wit: City TO ANY SHERIFF OR POLICE OFFICER: H.J. Hollouay (Grottoes) Whereas, has this day made complaint and information on oath before me, ___ J.::.co ....hn=----"'~•-=Le,.._a=-ke=---------(Name) ____ of the said CouRtv~~ha._______________ J_u_s_ti_c_a_o_£_T_h9 __ e_a_ee ______ ___ lo __ i_e_Re----"'-m_o_ld_s ____________ or about did on/he day of_-No.v...,ern.t.....,00..,. ..... r..._______ 1th did ravlsh and carnally 1 .--11;,.1a11.Wit.Lt Virn;inia, , 19.6()_: know one Linda Katl,ertne e a"S or 14 yoar~ against _ XXlOt (Title) 1 violation the peace am dignity o ~c~~lltounty n:xn Unlawfully am fe] on,1.ousl.N', Holloway, a minor £emale child, sect·· on 18.1.-44 of the Code or of tm Commonwalth of Vi?gini~ These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Roekinmiam County Court of GctCounty, the Lady (bo:ifs) 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: l{t-a4ffeote _#~t:ry _,_/41/£ dit;'7 tk/,?d ~ 1¼'~L47 4~ u~--zd color &:?✓ ~ □ / I color Address □ ,, color Address □ JI color color ~/7~ Address Address □ 'I Address □ as witnesses. Given under my hand and seal, this htb day of.----~--.w.....,..¥bw.-----..,.---, 19.6L ----~-·~~~-z~L-~--7iTweoiissuing Officer) JUST CR 0/ THF. PEA~ cs~) �OF-------------------, STATE OF VIRGINIA-COUNTY a Judge of the County Court in and for the County aforesaid, State of Virginia, do certify Justice of the Peace I, that and ___________________________ _, as his suret have this day each acknowledged themselves indebted to the Commonwealth of Virginia in the sum of----------------------------------------( $________ Dollars ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth County, on the ________ of------------------------- Circuit shall appear before the be rendered, yet upon this condition: That the said ----------------------, Court County 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; _ 19_, 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 of,___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. _, 19__ Given under my hand, this________ _ day of _______________ -'c!ays Judge. ., ,., ,., ,. X 8,; r. C: 0-'8 ~ "' a ,. 5· ss,. ~ __ s;· s,. ,. e. < !" 0- p 'Tl J. P. tI1 i:: ("\ 0 X ., ~ ti 0 ("\ :is: > ti4 ~ g z ~ 5· >-l 0 8 ("\ C1J 0 0 '1 9 0 5· ., g. p ..... 0 s,. z E:: E:: >-rj ti> 9 z • ~ 1;; 0 ~ tI1 > @ C,') 5· ~ 0 ~ ~ ~s,., P" ., ., ~ .... ::,, p 0- .... r s,. n0 'Tl >-l 0 E. 5· "' ~ E. ("\ fil a 9 90 p :I! ~ s> § ., p ,. U) " 9 B ~ s p ~ ~ ~ ,; p .,0- 0 s· Clo s ~ iR p ::I '--< ~ >-rj ,.,. ., Q ,. .., ;,;- [ ~ ., ,. !¾ r., ., Clo tll ~ ::;l E ~ i:: p e; 0,. ., .i :; ~p ., p 0- .,0- -< < :;· ..... ~:, 0 Q gi ., ., < ~: 8 p .F F' ~ ~ Sl., .... 0- to -< ("\ 0 U) >-l U) 0 p ("') 0 § Sl., .... r Q i:: p 9 �COMMONWEAL TH DEPARTMENT Box 1299, OF OF STATE VIRGINIA POLICE RI 4ti.C91'<D l'IISIOH n6f!~TMENTP . t, p, ,,,,!' l"IU ""°ER. VIRGl,,.11 ECONO OIVffitON HEADQU"RY . oEfl'ARTMEHTOF STATE POLICi •m: #?3:>. r.lJLPEPER. VIRGINIA Mr. J cimes Sipe CommonwealthAttorney Rock ingham Co• Harrisonburg, Virginia �• I �t J., �� 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 Lonnie Reynolds Subject The topic of the resource Statutory Rape Description An account of the resource Defendant charged with 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 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_021_001 Reynolds https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_008_commonwealth-v-louis-benton-shifflett.pdf 0adf84293bcfe597abab5452b39536ef PDF Text Text COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM,to-wit: In the Circuit Court of Rockingham The Grand Jurors of the said ton Shifflett Rockingham, Kenneth April Term, 1956. of the Commonwealth of Virginia, the body of the County Court County, of Rockingham, County, on the upon their now attending oath present 6th day of April, feloniously Dove, against and unlawfully the peace 1956, and dignity the Circuit that in said did kill in and for Louis Ben- County of and slay .one of the Commorlwealth of Virginia. Upon the evidence Hansbrough, Trooper in open Court of Officer R.H. and sent Crist Allen Norvelle, and Herbert to the Grand Jury Officer George Gooden, witnesses to give sworn evidence. J I,_Louis Bentpn Shifflett, the accused in the attached warrant, in open Court, before the Judge of the Circuit Court of Rockingham County, Virginia, d~ voluntarily waive indictment on the said charge of involuntary manslaughter. --Given- under I..__ my hand this 16th day of April, 1956. �INDICTMENT COMMONWEALTH v. LOUIS BENTONSHIFFLEI'T A TRUE BILL Foreman Charles E. Earman, Jr. Commonwealth's Attorney �S, P. 82 - REV. 1-6-!53 Failure to comply with this summons constitutes a separate (Defendant's Signature offense. ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS CITY JURlSOlCTION, COUNTY, I PLEA □ GUJL TY PENALTY □ :~~L CITY OR TOWN CONV(CTED NAME OF COURT DATE OF TY APPEAL IMPOSED TAKEN □ NO DYES IF DEFENDANT CONVICTED OF SPEEC- SPEED TRAVELED ING- MPH IF CONVICTED RECKLESS 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, SIGNATURE SPEED OF CARELESS DRIVING ANO LICENSE □ YES OR SPEEDING- OF JUDGE OR CLERK SUSPENDED I TITLE ZONE MPH PERIOD □ NO I DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Did not yield right of way Improper passing Operating wrong side of road--not Following too closely Failed to signal tum or stop Disregarded stop sign overtaking �s. P. 82 - REV. t- B___...S~ □ _._..4 9~33_ DEPARTMENT OF STATE POLICE 5 53 - Date'------'----=---='---- to answer for violating the Motor Vehicle Laws of Virginia, lo-wit: Reckless Driving O ,,, f"_ ~ Exceeding Speed Limit O .... ,,,. Imprope I hereby promise lo appear al the lime and place specified above Summons required under Title 46-Section 193, Code of Virginia. Failure lo comply with this summons constitutes a separate offense. (Defendant's Signature) ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS JURISDICTION, CITY RACE HEIGHT ,. FT. STATE STATE HAIR I SEX l IN. OR CHAUF. LICENSE STATE GUILTY PENALTY □ I CITY OR TOWN CONVICTED NAME OF COURT DATE OF =~~L TY APPEAL IMPOSED TAKEN OvEs WEIGHT I > POLICE OPR. PLEA □ COUNTY, .- LICENSE PLATE NO, STATE ? .I ~ SHIELD I NO. /: This abstract is filed by the Judgo or the Clerk of the Court having Jurisdiction of this case as required by Section 46-414 of the Code of Virginia of 1950. IF DEFENDANT ING- CONVICTED OF SPEED-- TRAVELED SPEED OF JUDGE OR CLERK LICENSE I SUSPENDED □ YES TITLE 0No ZONE MPH MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDING- SIGNATURE SPEED PERIOD □ 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 turn or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �Comp. Form 18-A STATE C~OF I OF VIRGINIA ___ I_Ia_ _.,.,_r_i_S_0_.1._·1_b_u_r_.,~ ... _____ _ No. ______ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: 1 .l. '. Whereas, =rorvelle ---·-------------- G. Le3ke John has this day made complaint and infonnation on oath before me, (Name) Justice -------------------- of The Peace of the said (Title) City e~, that ______________ Le1-11s S:1ifi'2.ett ______________________________________ did on the 6th day of....-----']= t·1e Co: ,..,onwe3.lth of Virgi l ..P"-'r=-=i=l~----,, _ Roc·-ingham in 19--21. Unlawfully tk9c::AAi:d County and feJ.onj_ovsly ia. , These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the ~oc l::i·-:.g~1.2m Trial Justice Court of t!J~--~~i~-xCounty, the body (bmi-es) of the above accused, to answer the said complaint and to be further dealt with according to law. And you arc also directed to summon color ____ Address ---------------□ color ____ Address ---------------□ color ____ Address ---------------□ ------------------ color ____ Address --------------□ ------------------ color ____ Address □ ------------------- as witnesses. (Seal) uu_ JT.,.,...,1 1-(1rl , �- ..- ---------·-· _..,_.._ OF STATE OF VIRGINIA-COUNTY l, - __ ........ - -----·---- a ~ ,n {(oc/(J/{t;.HA l1Al'-r C 0 ce ce L S'H""""""~Err lfr. , aa his ,~e and .,__....,,,__,...._...:.J.J.,.___._....,...._..._'-"=-<-.:-....__.:;..ai;J.;:=-:=-:....,..__ •__ in and for the County aforesaid, State of Viriiinia, do certify ~ .-,_,.~r-Nf ~ v,t. ha-.e this day each acknowleda-ed themselves indebted Tlfr::>v.S I J/li: to the Commonwealth of Vir&'inia in the sum of 'to-wit: mm1s.s-~o/V'E"I{ T that _ ---- ..--..--..... ,,. ....----....- ..--......- ..... ..__ .,. o• ollara () ~ C) ), to be made and levied of their respective good, and chattels, lands, and tenements to the use of the Commonwealth to ( be rendered, yet upon this condition: That the sai I of Is .SH-t,CA ', l County, on the IY<i-H- ~"-' shall appear before the ,- --,.. day nf T. lwJ·~ui_f Court ria us tlce , 1~. A.Pl<' IL... 0 P. M., at Ml'J;J{/fl.fDIV'dC/1(' G, 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 ia 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 ia declared void by order of a competent court; aiod 11pgnthe fuhher condition that at • sba]] kerp the peace aod be of good bebavioc foe a peried 1ne said the date hcreor.- -day Af 1 1~ freFR Given under my hand, this __ q_,__A ____ day of __ ..........._.;;../',_~;....;__/_L _______ ~l9~ . NONAPPEARANCE SKAll BE DEEMED Tll cH~S1TTUlEA wt,WEROf TRIALBY JURl • ~ ~.., •... .. a· ('"l 0 J., J. 1?.. T. /.,. l't1 >< ,.n "11 .: C ?' ;:; c.. t't ;. ..en· ;. 0 ~~ ~ t, 0 (') :i-:: l:i:J t't (') >-i 0 ~ ac z :s:: 9 ~ 0 w z :1: ~~ > t" l:i:J <> .., :x: ~ ... ~ ~~ ::,, ::, c.. .. ,, '< - ::r ('"l 0 .., s. ~ '.:1 ::, ,. '"1 0 E (j 0 ~ "' Ul C ~ g,. ..... ~ 3 3 3 3 0 ::, en en "11 ,.,. ,. :l<l ~ ::, 0 ::, ~ ~ ;. > ... ... .., 0 :s "' '< a· ~ g- ""' en " en "c.. n ,.:s ::, II> (") ii... ;,;- ., ~ ii "' ,. IJQ > ... ... .. " ... ~ ~ ~ E 0 ~ C c.. ,..., 'O ,, '< :s .., "' .., "' ;?. c.. :s ~ c.. l:tl "' 0 '< < :;· < :;· IJQ IJQ 5· ... 0 "' ,. 5· 'O 'O _;· _;· "' .., "' ... "' - .., ,. 0 ... er - 0 i.., c.. ";. "' >-i [ cg IJQ en ... 0 Eo ........~ {/1 cn -· (') 0 t't (") ~ ~ ~ ~ "" (j ~- ; cn "' ... ... ~ 0 5· ...... ;:;· ~ ti\ ,. ::r 0 " "' ... ~"' .., ... 0 ... C • ... -a l (") - t't t't n 0 0 IJQ :s ;.· ,.. C :s g c.. �pril 17, 1956 Selective Service Board Federal Building Harrisonburg. Virginia In Re: Louis Benton Shifflett Gentle n: This i to advise that on yesterday, April 16, 1956, the above named defendtnt was convicted on a charge of involuntary manslaughter after entering a plea of guilty thereto, and was sentenced to five (5) years in the Virginia State Penitentiary. Yours very truly, Margie Bowers, Deputy Clerk �1 :a "lli ;tu a e 0 l 't , -lj.a 0 �COMMONWEALTH VS. ~ cy''' 1 ~ -~ /i,e. . Zi DESCRIPTION OF PRISONER Last known address ---~--"""-=---=-=----""'--'~c::..._-~=--!--•z_- Height Marks Age ~ate (), .j--- f: ________________ E )·es_~ Hair _ t?,l ~ ~ Weight /.,_j't:::I ~ 2-:0 of Tri;i]'-t./ __ Occupation -_....:../_b __ ~_b _________________________ 3Ult._-----,,---=---i------------------------------- _ ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ......................... OFFICER. ALLEN..N.ORYELLE, ...Ellc.ton, ...Va......................................................................................... . ........................ OFFIC.ER..GE.ORGE ..HANSBRO.UGII, ...Elkt.on, ..V.a.o, .. .........HERBERT ...G.OODEN, ...Tsland For.d, .Va..... ......... TR0OP.ER..R... H......CRIST .. to appear before the Judge o'clock, a. m., on the Commonwealth 16th of the Circuit Court of Rockingham .day of ........ April. before the Grand Jury, against who stands charge.cl with ~-i+i4i-e~4-t8-r Witness, Harriisonburg, CHARLES Virginia, of the Commonwealth. E. EARMAN, LOUIS ..BENTON .SHIFFLEI'T at 9:30 .................................................... i.i~~llea.RQ.f. And have then and there this Writ. JR., Commonwealth's at the Court House, the at the Court House thereof, . . . .. , 19 56 , to testify and the truth to say in behalf of the a felony And this you shall not omit under penalty. County, Attorney eU . .April lltbof . for Rockingham County and the City of . , 19 5 6 , and in the18.Oth ..year £~4"'-,z.::::a:<XC Commonwealth's Attorney �( . APR1119 9 HERIFF'S om ROCKING HA COUNTY 9 5-_Y!_tN THEC ' NT{ CF ?271 GHA.M g~:E WITfl'"~"--=~:"-d -- - -- -- --- ............................................... .!: l , cPSON. . . ............. . .~................!5.R.C. L. ~~~~~-DEPUTY SHERIFF �TRIAL JUSTICE COURT Criminal Docket Ne.>20701 A Com'th V. ~~~ Defendant (J,."' 1 .),'t' / Appearance Date ~.tl.cTrial Date 'f -1 3 - r {, ��APR Docket No. COMMONWEAL TH of VIRGINIA Bill of VS. IndTctriient ) ) Felony ( inv. mans.) ) LOUIS BENTON SHIFFLEI'T C=-=ha=r=--=l::...:e=----=s=---=A=..c.:........=H=-=a.r=nm==-=e= ________ p. d. Own 1956 April (x) Appointed ( ) 16. Indictment &c. waived; accused arraigned and plea of guilty; plea explained, etc. ; evidence heard, accused found guilty of involuntary manslaughter, and sent. t o !;> yrs. in Pen. ,, 9/~tJ~. 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 Louis Benton Shifflett 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 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_008 Shifflett https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_014_commonwealth-v-luther-lee-raynes.pdf e3434ab3f86299c06a29b00f9de7cf8b PDF Text Text G. H. Parent Co. Ashland, Vo. F N 777 o. orm ~:':::::::.~~f A::::::m_____________ ,l :f In the to-wit: Circuit Court of said county October County The grand jurors of the Commonwealth of Virginia, in and for the body of the upon their oath present that within twelve months prior to the finding of this county, did McDonaldson, there a female feloniously against nature, in the county child about aforesaid, the age of six years, Mary Ellen and in the and then carnal knowledge by the mouth, against against the peace and dignity of the Commonwealth of Virginia. Jerry Mrs. Cletus Wayne McDonaldson, Hasler, Mary Ellen and Deputy Sheriff Robert witnesses sworn in open Court and sent to the grand jury to give evidence. McDonaldson, Raynes, aforesaid, of the of nature, Upon the evidence of and crime on the day and year having McDonaldson, ty-four and abominable to-wit, feloniously day of upon one Mary Ellen did commit the detestable by then and there, body of the said order make an assault , feloniously of LUTHERL&; RAYNES 9r about indictment, to-wit, onJhe 20th !'i 54 county Court of the said , in the year one thousand nine hundred and August said Circuit , now attending the Rockingham 'Term, 19 the �~MI I FELONY INDICTMENTFOR A Foreman. George D. Conrad Commonwealth's Attorney ~~ A TRUE BILL LllTH~lL.LE.t!..._R.aYN. .... .J:!i..,..S -- vs. COMMO'J'xWE AL'f H ~11£ �Commonwealth of Virginia: . ~ To the Sheriff of Rockingham County, Greeting: You are hereby commanded to s~mon ............ Mr..s•....0.1.e.tus...Ha~.l~.,. ....... f.3:~Y. ......................... Ellen ······McDonaldson Wayne McDonaldson, and Deputy ............. .............................. . J .... Jerry ..................................................................................................................... Sheri££ . Robert Raynes . ··················•···••••·•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• to appear beJore the Judge of the Circuit Court of Rockingham County, at the Court House thereof, a. m., on the ........llt.b at ~?::tock, .....day of. .... .......... .9~:t.9.P..~.:r........................................ .?..4, 19.. to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ...................... . . . . . . . . .. . . . . .. . .. . .. . . . . .. . .. . .. ... . ... .. . .. . .. . .. . .11 .•... who stands charged with a felony . LUTli.t!iR ...LE~...M11:ti~;~ ............................................................. . ~ And this you shall not omit under penalty of £100. Witness, . And have then and there this Writ. -~ day of.......... O.ctabe.r .......19.54., and in the ......J.79:\:i.P.- THE SERVICE Pll.ESS, HARRISONBURC 7 VA. at the Court House, the ......4th ........ . �Commonwealth EXECUT ROCINGHAM BY DEL RIG TRUE ~OPY OF THE WITHIN)..,........ -c. TO ~!-,;Ill-~- .,..z:...c.it~~~~ta:ia~r&- IN PE . di~oE~fr~ SH ROCKIN AM COUNTY s>L# ;,2.~ ~($).. / t () �12759 A 12760 A Report of Witnesses for the Commonwealth Month Whose mileage and attendance of September were not collected by the Trial Justice before the end of said month. . Por~Graves ( A-,--By WITNESSES Luther Lee Raynes Com. vs. Mrs. Cletus Hasler 1. Fel. Pro. or Misd. Days Tl - Trial Justice . ..l_j-J\-'J Attendance 7J Miles Clerk. Mileage Total Fel Date (~ J .r;o 26 1.82 2.32 2. 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 4 ��,I TRIAL JUSTICE COURT Criminal Docket ~ .l A 15759 Com'th V. Defendant ' oJ>I• Appearance Date Trial Date Court finds _ _ _Hel / t' ~ R.~ .::C.A.H. rf- • ~ 'f - J-<f - .2-e - sufficient ion of -t probable cause Ol'llnl! ~. _ ��Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: V:e JllAA . c~ ~~ ~M~ 4, ·~M~ You are h.~ comm~,ned~n the ~ilie Commonwealth /8 7' -i- to appear before the Trial Justice Court of said County, sitting __ ~✓ __.J__.D.._--tL_day of , to give evidence in behalf of C,,....,....._,:£,L- in the pending 1-_Q._..:...--' _________ case of ...ac.rn-.e""""...L..l:""'-- 19_n, of Virginia to summon =- 3>"2 ·71--1..l,J_, 8v ✓ Z- ~-z- at Harrisonburg, at the hour of J.. ,' __,_ __ ::,.o Virginia, 3 "f:ht.. r: 111 said County, on of that clay ____;;_• -•----'------------------ v. ~ Subs. Clerk 7-52-SM-Garrison �/~--------aECUTED aECUTEDf'.f- _fi/IN THE COUNTYOt THE COUNTY O:t- ROCKINGHAM BY DELI ROCKINGHt\MBY DELIVERING A TRUE COPY OF THE WITHIN~~ TO .. c!J~-~======= Trial Justice Court ~~1~ IN PERSON. .9/y~IN COPY TO IN p ___ -LDocket No. / ~ ..l.LI-Dl--11..,~~~~~w..&~Pr/-- - .S 7§9 A ,-Jl, ( ( .£.fL.J,,._~ ¥ •.µ / If -y ~ .2,i • ' V. ( Witness Subpoena Te> A TRUE er,"'-, �Comp. Form 18 l STATE OF VIRGINIA ~ OF ~ CITY No. __ To-Wit: : HARRISONBURG TO ANY SHERIFF OR POLICE OFFICER: Virginia Whereas, Hasler w. Lineweaver James has this day made complaint and information on oath before me, ~.x3~XJ~xt~ J1:-stice of the Peace ~o.xk City (Name) of the said Oc!mxy, tha.__ ____________ _ (Title) Rockingham -----------=;=----=~==-----=..::===---L_UT_HER did or about onfthe 20th make an assault of age, day ot __ -=A=u"C;g~u=s""-t=--------, 19--5..4-: upon Mary Ellen child, against nature in the Unlawfully McDonald.son, a female and commit a crime against of the body of said __ LEE __ R_AY __N_E_S ________ by having and feloniously child carnal the peace and dignity al County 6 years knowledge of the Commonwealth. These are, therefore, to command you, in the name of the Common-wealth, to apprehend and bring before the Trial Justice Court of the said County, the body (bodies) of the above accused, to ansv,:er the said complaint and to be further dealt with according to law. And you are also directed to summon color ____ Address '7 color ____ Address -□ _ color as witnesses. Given under my hand and seal, this~/ Address ___ color Address ____ color _____ Address 4A_,.__day o --- _ _ --- ----- - □ -- -- --□ - ---- --□ �Court ,Virginia, and or times to ocee mgs may e continued r holding any proceedings in connection with t ge in this warrant, to answer e art thence without the leave of said cour to remain in full force it is declared void by order of a competent .i,t¥1V\lll1 condition that f of ,...._ ·t .?v?c. <P. 7 f-'• 0 en (l) ~ ... >-3 0 n 0 ~ .::: 'O c+ 0 'tj (l) :::r(I)Ill (I) (l) f-'• .......... a < t,'(l) ~- "' (l) P. I >< n, C: (l)::S!-'>::S 'OP,'1,l::l'(l)~ \J1,{l)Q(l) "" Ill s. ~ .i::--11 • G\ ~ c+ ?' n, 0. ;-. 0 p, ::,.::: 11 c+n> t-'::S c+:::r ~ < (') 'O o ::, ... t l:Ij ;;;· s(") lll°<:P.H,o p., f-'•- ::s Ill «: • ~ I-'• I-' c:... .::: (/l c+ n 0 'tj s· >-3 s. 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(') Hi :x: ~ \-) ., C/l cr' 1-'· n;.- 0 >-3 I-'• ::,- .:::t"'ro~ ro p,~ I > t"" (l);f :::rc... z l'tj t"1 (I) ~ (1)11~~~Ill c+ ::r rv::s ::,-....,5· o o. ro I-'• c+ t-1Qn Ii >-3 \ ~ o.g:~g, ... c+ro ... >-3 0 z == p == 0 ::r ::r I-'• 0 ~ l'tj n, 03 I-'· 0. 0 -· 0 (l).::: ~ ::SHi:;l.=· Cl) 0 O" ::s ::, 0. �Docket No. 1c'1 / .J. r 195 COMMONWEAL TH of VIRGINIA ) Felony #1 vs. ( rape) ) ) LUTHERLEE RAYNES ~~~d~- d. ~'-----'--'~---:---:---P• Own g1 ~ 1954 Oct. 11. ()( ) Appointed Return ( ) of Grand Jury. 9/Ro "0 .. 'O 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 Luther Lee Raynes Subject The topic of the resource Felony Rape Description An account of the resource Defendant charged with felony 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 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_014 Raynes https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_013_commonwealth-v-luther-lee-raynes.pdf bae5ac1b075675fce3c3a37bf468b8c0 PDF Text Text G. H. Parent Co. Ashland, Vo. F N orm o. 777 Commonwealth l of Virginia, to-wit: ____ Q2~~-~_Y,. ___________ of ______ R~~k ingha m_________________, In the Court of Circuit said October county County The grand jurors of the Commonwealth of Virginia, in and for the body of the upon their oath present that within twelve months prior to the finding of this county, McDonaldson, there did , feloniously a male child feloniously against nature, in the county body of the order aforesaid, Jerry fii'ty-four the age of seven years, and there, feloniously day of upon one Jerry did commit the detestable by then said about and in the Wayne and then and and abominable to-wit, crime on the day and year having Wayne McDonaldson, carnal knowledge by the mouth, aforesaid, of the against of nature, against the peace and dignity of the Commonwealth of Virginia. Upan the evidence of Jerry Mrs. Cletus Wayne McDonaldson, of LUTHERLEE RAYNES or about indictment, to-wit, ory'the 20th make an assault Hasler, Mary Ellen and Deputy Sheriff Robert witnesses sworn in open Court and sent to the grand jury to give evidence. 54 county Court of the said , in the year one thousand nine hundred and August soid Circuit , now attending the Rockingham Term, 19 McDonaldson, Raynes, the �l FELONY INDICTMENTFOR A Foreman. George D. Conrad Commonwealth's Attorney A TRUE BILL LllT.H.E.tLL.Eb.;.. R8 YNti,~------- vs. COMMONWEALTH , £-J/{g �__ I I �---------~~ - ---- ...--...-_ ---.....--.. T, _-.,..-..,,--_--...,-,...,-..,..---- __ �v, In considering its burd n of proving doubt, the whether or not the Commonwealth hes met the uilt the Court in.tructs ord nreasonable" doubt of the ccu e beyond re sonable the jury th t you should not overlook nor its meaning. A reasoncbl doubt is a hich is foun ed on re son, and is not to be confu ed ·ith imaginable or possible doubt, man must be proved guilty or possible beyond every imaginable, upon the sufficiency the jury must limit presented p.t the tri conceiv~ble, consider case, to cre-te to find inference furthermore, doubt ari.sing tion th c·,nnot of guilt. bear in mind that from conflicting essential fact, should be a to the proof of the guilt after of the evidence, to prevent and your minds left rr con ideration 1n such· convinced belief then the common e 1th hes f"'iled If, yond all and honest a reasons.ble you from reaching ccused, conviction of cireum.stances. If, consider any such testimony, the a.ccused £.nd not a mere doubt cone rning imm"terial nonessential ..nd nor can you go beyond doubt, the jury shoul fact nrtural The jury ble proof of any p rticular doubt of a material to the evidence including from lack of evidence, or from question· of the proof of the to be dr.swn therefrom. go beyond such evidence such evidence its 1 of this refl on ble inferences the a, doubt. In passing ch rge, for the lfW does not say that on the other tion of all the evidence of the truth reasonable hand, after doubt. to neet its Cc;'.se, you of doubt as of ·the --uil t of an impartia.l 1n the of the charge, state of • 11 yo burden. and re!ison ble h.a e an .:biding re then satisfied be- �\; .. .a:I ,. 1 I l .t.r l oj j' ') ' J' . t X j 0 .t n :t <J <. l IO :1 I .I l: _j fJ . n: i>'I f!O \ I fj ( • 'I I j Ii ) o �Commonwealth vs. Raines I n:STRUCTION NO. The court accused able be doubt, onable duty to to of acquit suspicion or sufficient weicht innocent and doubt ii the guilt and you or preponderance of so clearly that upon to thee which the are warrant is is proven the cuilt, it~ the of evidence his conviction be innocent. beyond the the jury however that the supports his theory any reas- strone, if it their mere is not rreater the guilt the a reason- law makes instructed sufficient the law presumes guilty minds further no reasonable he can that accused, of his nor but upon of convict, jury he is is probaoility to the until there him; indictment, evidence instructs char@e must consistent in the be proved with the ��Commonwealth v. Luther Lee Raynes INSTRUCTION.2:,__ The Court ing upon the beyond all instructs reasonable element does not mean that to establish thereof, it satisfy doubt. that the is necessary for possibility jury is guilty accused against of the accused the the burden of an offense charged or beyond all a whole the accused asonable doubt the guilt do more than jury Commonwealth to prove material certainty the that the rest- guilty and every the accused, Commonwealth to an absolute of mistake, or to upon the evidence thereof beyond all re- as ��Commonweal th v. Luther Lee Raynes Instruction The court verdict of dence beyond instructs conviction in reasonable Wayne McDonaldson to accused, there the penis aldson. that of is, the take accused the jury that before this case you must doubt that the into must into his have the been mouth believe accused mouth the can reach from male the organ Jerry evi- Jerry of penetration said a the permitted an actual of you the by McDon- �➔.-. 'I j uo ( ') r �Co.rrnnonwealth vs. Raines INSTRUCTI01 NO. ...!t:.. The court accused, doubt, the jury as to the and where the instructs the jury must be satisfied, proof evidence leave any reasonaole proof of such fact, of every and the doubt they fact find to convict beyond all essential reasonable upon the must that, for reasonable to his inferences mind of the the the jury accused. conviction; therefrom as to the ��Commonwealth v. Luther Lee Raynes INSTRUCTION The Court the accused sufficient from the in itself consideration the other idence instructs scene in the jury while in arriving flight crime you may take if proven, and circumstances case, that of an alleged to convict, such flight, facts the S-A along introduced of is not into with all in ev- at your verdict. �r �Commonwealth v. Luther Lee Raynes INSTRUCTION The Court of a prisoner, fact with the guilt for the the other the when proven, to be considered affecting matter instructs by the facts jury proven that whether jury, or innocence determination j the character good or bad, but its weight of a prisoner of the in the jury, case. is a as is a in connection ��Commonwealth v. Luther Lee Raynes INSTRUCTION The Court instructs the of witnesses is a question and the have the right jury appearance testimony, their apparent their the interest if are more worthy weight apparent candor of credit ingly. !/- f - J Y- J/ J✓ manner of of intelligence, determine if any, of the trial, surrounding and what is of any such testimony, their to the parties, other on the trial, jury; and fairness, in the result and from all the from the stand, or lack of the witness appearing for and consistency of the witness any 'appear, stances on the intelligence the relationship the credibility to determine the reasonableness their that exclusively of th~ witnesses of testifying, jury circum- which witnesses the relative and to give credit accord- �, r .: �Commonwealth v. Luther Lee Raynes 7 Instruction The Court instructs statement having earlier or inconsistent with be considered as proof ment, but considered and in such been the in of the or passing the jury weight that any evidence made by any witness, present consistency by you determining the testimony facts of asserted inconsistency, upon the to an either such consistent witness, cannot in such if any appears, credibility to be given of of his previous the present statemay be witness testimony. ��Commonwealth vs. Raines -±- INSTRUCTION NO. The convict all the reasonable fendant, and evidence the prooability the the mouth defendant fact from not cuilty. the that the accused permitted told that of Jerry ?taines, evidence mouth even probaoility innocence, Commonwealth the the you are his before from his of that believe into the jury must take that the they douot, to the convicted instructs accused, ~cDonaldson, into court must the male though of his yet, before ·.vayne .McDonaldson, and in if this the evidence beyond Jerry organ of is ·.1ayne the de- the than accused can an actual male Cmmnonweal th has not find be penetration the you must from preater by case, may you may believe guilt establish they the Or[an proven of thls defendant ��Commonweal th v. Raynes INSTRUCTION The Court tial evidence instructs the jury that in the application to the determination should assuming all to be true which the evidence every hypothesis other the force several be used. of the case, vigilance reasonable Such evidence may still reasonable of truth. favor of one hypothesis, great the probability Therefore, this case guilty of the offense evidence, there innocence, appear that there such evidence of circumstancaution insufficient to prove, leaves mere and where, some for it is the actual or establishes other exclusion circumstances it indifferent of with which of only some finite probability cannot amount to proof, in however may be. although the jury may believe is a strong charged is any other they cannot probability reasonable still, hypothesis the evidence Lee Raynes in is if upon the whole consistent and this is true, that the probabilities of his innocence. from that Luther in the indictment, find him guilty, from the evidence than the probabilities tends which invests the evidence is true, the utmost is always be true, hypothesis Where hypothesis L NO. with his although it may of his guilt are greater ��Commonwealth V. Raynes INSTRUCTION The Court alone, however, ing a verdict evidence instructs grave of guilty, NO. the jury that circumstances of suspicion and serious, can never warrant and you are, therefore instructed in this case arouses it would be your duty to acquit II- F- f" ✓ JIii J in your mind a question Luther Lee Raynes. a jury in returnthat if the of suspicion alone, ��Commonwealth v. Raynes INSTRUCTION The Court believe instructs from the evidence that the witness, confession and other statements on the witness defendant, Raynes, any evidence against D the jury that although have made an alleged you cannot consider NO. of the charge /'1q_Dona.Id .Jo '1 Ha:slec, may to the Commonwealth's against him in this case, or any part thereof Raynes, of Raynes. rZ of Jerry still as but such statements, /'1~Por1"(.//J,,n if any were made by J-erry Hasler, can only be considered JV/~ JJ",,,,,..; ,l.1·0,, as going to the credibility Attorney stand as to the guilt of the any such statements the defendant, Jerry you may by you TT,s ler and not as to the guilt ��Commonwealth v. Raynes INSTRUCTION The Court accomplice agreeing cannot testimony NO. instructs the jury that the testimony be considered as being corroborated of another accomplice. er of one by the ��Commonwealth v. Raynes INSTRUCTION The Court accomplice agreeing instructs of another £ the jury that the testimony cannot be considered testimony NO. as being corroborated accomplice. er of one by the ��Commonwea1th v. Luther Lee Raynes INSTRUCTION The Court believe instructs from the a reasonable or about evidence doubt that August 20, Wayne McDonaldson will ment, with f~d the his the Charge that if in this case beyond Luther Lee Raynes 1954 carnally by the mouth, him guilty and fix jury as charged punishment to the Jury. J you on knew Jerry then you in the indict- in accordance ��Commonwealth v. Luther Lee Raynes INSTRUCTION --- The Court instructs the question of the you may take into prisoner, guilt jury along that or innocence consideration if proven, and circumstances the all of the the other in evidence I of the accused, the flight with introduced in determining facts in the case. ��Commonwealth v. Luther Lee Raynes 1 INSTRUC1 ION The Court doubt is such a doubt entertained essential for without and not It evidence and substantial jury charged. upon the of an immaterial fact A 8oubt evidence, to or that must not be an arbitrary to sustain it; in order to find but it to warrant fact a verdict and nonessential J /) and reasonably or grows out of of some material to believe a reasonable and material by the evidence, itself. must be a doubt the that as may be honestly must be based suggested the evidence It jury to pPove the offense which is serious the as to any substantial be reasonable doubt, instructs --- must be an acquittal. or facts necessary of conviction, circumstance. �~- ,. ~ ,al I -~ �l Received: co~.~~~~~~"ALTH EXHIBIT - ••••• ·4;_,,~-~JiJN4 1954 . Case No. J,..;,-ue_~ Lt f ATTEST: /!A:1,v1;) C. OVERTON LEE. Court Reporter V-~ JUDGE ��~ ~2-~ /?'~Y ~~ Qt ..__..'--"--c....-- l,V~ . L(l~ ~ c:20-~e~ ~=(::~ ---=---<-- l - _,;;;:;:i _-......c.L._ �+ t ��J ����l- -+ • I -t I l + -t I �------------ �+ + ��+ \ �r----:-..___.,.--------.. - ~-- -- - _, ------ .. - - ..------.----------------.,.--,• -- - F______._ -~ ~ �\ �TRIAL JUSTICE COURT Criminal Docket Ne.' 157GO A Com'th V .. J:Jl_ Defendant L~ ;.:.::;C.A.H. O..., W, Appearance Date ,fa, ..l- 'f - Trial Date j-Y 9 - .2..o - ..)- f 9-20-54 Sufficient Held for action probable cause found. of the Grand Jury. ��v--c:£- j ,CJ ~~~ ✓ ~ '),-r~~ 7U,e:-~ !~ Docket No. ~~ COMMONWEALTH of VIRGINIA v vs. ) ) Felony #2 (rape) ) LUTHERLEE RAYNES ~~~?');~, ~~~~::..____:______ __ Own 1954 Oct. 11. {X ) Appointed Return { p. d. ) of Grand Jury. CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon___ .rr ___ Jola:y.ne___ Mc.Dona1-d on __WJCCe __ _ A@ __ J~oadca _,_,,,Mar:y Ellen Mc Dona ldsorl:~--- 1 mer Roadca;e~_J'W_~_!_!~;r_g~.1.-_§. ___ J'I§._~ler ..1__)1~J>_~l McDonB;.,ldson Lam, Lucy RoadcaP,., ___ Loretta ____ _ Morri_s.., ___ Jo e ___ Morri s ,____ and __Deputy __ Sheriff __ Rayne_s _________________________________ _ to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at Wiet>°o'clock, a. m., on the ____ !J:t;J~ ___ day oL ________ N.9.Y_~~!?-~-~---------, 19 ___ $.}f to testify and the truth to say in behalf of the Commonwealth against ------------------:----------_ _______________________________________________ LUTHER __LEE __ RAYNES ______________________________________________ _ who stands charged with and indicted for a felony 1~. And this you shall not omit under pena1ty. And have then and there this Writ. ,vitness, JcRt~Bflfffit~~[Z]~t,xf&JooxotxllllNX.Jmia:xxroxl:, at the Court House, the _JQ_th __ day of . ___ J)_ct_o_b.e_r ______________ , 19_5_4__ , and in th _____ -~~:;unthe Commonwealth. ~~~:-,_-=~~~fflC!l•ffiC THR SEr.YICE puss. HAR.I.JSONBtJR.Gt YA. �Commonwealth v. ) ~itness Luther Subpoena Lee Raynes To Nov. 4, 1954 at 9:00 a.m. H z 1-3 :Il 1:7:j 0 0 q z 1-3 1-:3 K :::u C rt:1 C '""" �TO THE JAILOR OF ROCKINGHAM COUNTY: Name: ---------------------------·-------------------------------------------------------Docket No. ___________________ _ You are hereby authorized to release from custody one: ______________________________ _ For the reason:·------------------·-------------------------------______________________________ -----------------------· _____ _ ____________________________________________ 19 ________ _ Trial Justice, Justice of the Peace or Clerk of the Circuit Court �~- , COUNTY0~ - • <?"611, ROCKINGHAM COUNTY; COPYOF THEWI TO _ ~~ -•·. - u1 ROCKINGHAM BY DELIVERING A TRUE _, ¥<~~,~ •. -&~- ,{I, ~✓~ < ~#<;~- ' Sa-::A::,= :~;;;:~~:!~ I �COMMONWEALTH VS. fc..J_/-f,/'.1 fc (! @~ePf~ DESCRIPTION OF PRISONER Last known address -~V~-~1_//;IL-L--11-'--r'-"';:f_,__, _ __cw=--t--• ...... ik::""-=r,---=-==-=-=------------Color :)'V: Height Marks,--i{(ri_c_ _________ Age 1,- Y ,?- 1 ¥ Eyes ~-G,., Hair ~ Weight _ Occupatio11L_f..-==..~=--,,=~~~__.___7Y'~✓.,:£~------------ Date of Tria,__~/."-'1/'-----H..,__"_J_-;L/-'-------------------------Resul.._------,_______________________________ _ ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ...Mr.s..•... R.~:u:R~n ..E.9.9.-.d.G.~P., ..................................................................................................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, ,e,l{i1 a -~o'clock, say in behalf a. m., on the ....5thday of the Defendant of.........N.ovembe.r., .......... 195.4. to testify and the truth to in the proserntion of the Commonwealth against ....................................... ..................... ............. Lu.the.r...L.ee. ..R.a.YP..~.s .......................................................... :.............................. . 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 Hoi,se, the ....4th day of ....N.9.V.~filP.~J'.J .... 195.4..., and in thel-79tpyea f the Comm .......... . �-I 1• ROCKINGHAM CuJr·, ;;v~-~~'-- .#~ • ~--~- �Comp. Form STATE C~ l8 OF VIRGINIA OF CITY \ No. ___ To-Wit: ~ HARRISONBURG TO ANY SHERIFF OR POLICE OFFICER: Whereas, James has this day made complaint and information on oath before me, ~1.-J:~~~.A...E.f~t\;,1.;~~~ ~ the said w. Lineweaver Jc.x:x.Gc.x_,._,,,,,,._,,,.......,,,,.,~ ....""""' ..... ~""' ..... _________ City ~ thac_ _____________ (Title) __________ did or about 2 0th on/the make an assault of age, _ (Name) _ Rockingham .:.i:~~=="'-=:=:__::,:Lc::.Uf.::.cHE=R=-=LE=E=-=R=t«=-N:..cE=-S~ _________ in the sax!County day ot __ A_u_gu=--_s_t _______ upon Jerr! child, , 19-2.1:l: Unlawfully Wayne McDonaldson, and commit a chime against the body of said _ against nature the peace and feloniously 7 years a male child by havlhng carnal and dignity knowledge of t~h~e ______ of _ Commonwealth. 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 color ____ Address color Address color color __ __ _ Given under my hand and seal, this ,,;2.f 4 - day n -----□ _ ----□ Address Address ______ color as witnesses. Address __ ------ --□ _ ------□ �Stat~ of Virginia, do certify 10 t ($_.,.._ ........ ~~--"'~ Court ice 1~ ----.,C:,,.~<-=---------'-~ a «::41~~7.!'.'.2:~t:l=r!l::.~~~:::~L-,Virginia, and aiding any proceedings in connection wit rt thence without the leave of said court, t ti! it is declared void by order of a competent cou 0 f a procee mgs may be continued arge in this warrant, to answer ain in full force r condition that ~ ~V JS t;kd~J -C,£~/ (/) (j 0 ~i ~ u, I en 11> I-'•(")r::: 'U c+-Q;:r(ll (i) "%j ~- CDl-'•<1><1> a<......... o' (t p.. CD ::l Ill 11 Hi::l c:: 't) o ::s r:::oo..c+- ~ X a. .... ::r' ;;;· ~ ~ I-'· p. r:::~ o ro 11o· ::i Hi c+::s I-'• ~ c.... r::: Cl) c+ (j 0 "%j >-l ~ ~ s· " >-l ~ Ul r:: 3 30 3 3 0 'l: s· ~ ::s (j 0 ~ "~ ;. "' ;:i.,. ... ... 0 .., ::s " '< ::s oq ~ g- ""'"' ""' § g- ""'"' ~ ::s "a. ::s "' n ....... ~ "%j "" "' ::s a. I-'• (j ~ " ""' " .., ;,;" oq ;:i.,. .., .., " ~ to t -:l .., E ~ ..,• .., > t"" z ~ ~ :z Pl Cl)~- 0 Ch t.:rl ~ .. '"i ::i:: t ~ ~0 ·~ • ~ 'C Ill O Hi ~ I c+I \ Ii a. "' '< 0 -. '-s ..., CJ Ill (l) C,1 "' 0- I-' (l) C: a. 0. '< "' <: ::;· <: ::;· OQ s· oq (1) F" ~ e F e 't) to '< 0 .., "' 8, a. ,(,I> 8, 0 "' ""' .., er -. 0" .., ";. s· 't) 't) " 0 tll '"i r:: ri oq "'r::-· 0 ... n·... ~ . ::, tll ;. " " ~ • q • 0 . I-' .I\) I\) I-' 0 8 •0 (j 0 r:: .., ... • -"' (") 0 ! ~ l >-l ::r (1) " .... g_ >-l .., 0 j;;' ~ -n ....... -- s· r 0 I-' ~\ (") ::r' ::s ,(,I> \ ;:r c....11 I-'·"' (D DQ p. r::: t"i ::l -" .., " "' ~ rs: z rs: p 1:,1:1 ~ i::;. 11 r::: 1-+i-· I\:> Ill c+-H)::s 0::: ;:r 1-'•n Ii ffl ti ;:r' CD,. 1-3 ~ '"i 0 c+ ::i p.,;f c+-;:r c+ Cl) g,'< g,I-'·-:::... c+ p.. (l) 0 :i,;; t.:rl (') 0 {I) \ ij ;:r a, Ill o' ::::l 1-+)0 I-'• ti 0 ;. " c+Ci>I') \n.CD I).; ;:r 3 ~11 C"l CD 0-• • c+ 0 ::s '-OP., < ~ ;; ;:r~ I-' ::i !-f ~ ... ii t tTl n "r:: 8, r:: ::s ... g""' "' ""' ~ .., " ".., "n0 oq ::s ;::;· a. " �Commonwealth v. Luther Lee Raynes CHARGE TO JURY If you find of committing you will by confinement Lee Raynes, three as charged say so and fix in the penitentiary If you find more. Luther Et::0/,f,,f"e~kLMa Lore the indictment, nor more than the accused, for his not guilty in punishment less than one years. him not guilty, you will say so and no �� 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 Luther Lee Raynes Subject The topic of the resource Felony Rape Description An account of the resource Defendant charged with felony 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 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_013 Raynes https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_013_001_commonwealth-v-marvin-baker.pdf 03cc75854fc10491c2347be76187a974 PDF Text Text 6 ARREST WARRANT The Commonwealth of Virginia,}T 't· O•Wl. . ham County, R oc k1ng To the Sheriff of said County: of said Count~as made complaint ~~ and information These are therefore, in the name of the Commonwealth ______________________ to law. of Virginia, to command you forthwith to apprehend and bring to answer the said complaint and to be further dealt with according And you are required to summon J 'k,.. ~ ~ '-l.A--2--rd'..... evidence in behalf of the Commonwealth, Given undcc my hand, this this day / 5/6,~ ,Jif:5:U 0-,~appmand~ on the examination 3- -..:Jf{_ day of touching the said offence. "fJ? 1=--=~~•~~-'--"-=--=---=------- T,___,(,<__~_:__, +---=-=--'' T. J. or J. P. �I, - , in and for the County of Rockingham, :_~_..LL.L~=::2"".::;;:~~~c..,__LGb~-4:?::::...Zt.e:::'.2!.:__.===--------and .--/ which they severally waived their exemption, ' ~,.J. Vk'f..A:-<. ✓ u: c,.,,-:,_,<< .,, r ________ --t;,LI dollars($'-) 0 shall appear before th~ _ (J :::::::-,,._ ) as to td'be made and levied of their goods and chattels, yet upon this condition: :i-c= State That the said of Rockingham County at • ,on the 2:::::/ dayof_---..~~~____...,__..~<..--,c..-•193..L_,at JO{DO o'clock A. M.. and not depart hence wit out leave of said Court, and at such other time or times to which the proceedings may be continued or further heard, and before a y 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 <hi, «oogni,anco ,h,11 h• null ,nd void, mhmi,e Giv•n m,d« my hand <hi,, ,h, / m <em,in in~fult fm .3 d,y ~~ \ 0 u Q) u ..... +-' <n ;:l ........ ,-....< ro ..... 1-- f:-< «I H H «I ~ c:: H -~-.:: ;:::> ~ ~ Cl);..::::: c:: ,,; > 0 s ii) c:: «I <IJ s0 u u u -~ H ._, Oil ><·-;; f.Ll ii) ·l %~ . ~ ~ tFr tf')- tFr El s .8 "' <IJ "' rn u c:: Q: '<J ;:j «I..C q ~ ~~¼ "i -...::. ~~~ : : tFr rn t0. ~ii) ·~:l >"' ..c H .\ ~ 'ri 0 0 0 a c:: ... c:: p:::.8 '+-<c:: .., '"d "'d "'d <IJ .... "' .:.2 ... O Oil ....c::<IJ cii ~0 <IJ ·-...c ;l: ~ -~l r4l \__, :~ I ~ ~ 1 ~ ~-~ -£i~ i::: .:.2c:: '---y--) - S.:.2 c::Oil < ...c .... .-s ii) ;l: I 0\ 8 c:: c:: t::..o «I .... "' <IJ N ::, «I 0 (U '"d eu c::El C::'"O ~ V :§ u >-'+-< ..c 0 .... >- H H ~ 0 Cl - (U c:: «I ci z.... __ ~ '"d.!. c:: ·(U ;l: -'"d H .... ~ ~-""'-,,.~-·· T. J. ~ '4 n • , betthfiiSSIOhCl ~ • • :or:::1!!11ut -1- t;:l r- d eff«r. ~ \..j : ~ ~ ~ tal')- ii) l)ll "' <IJ u ii) j4 n J1~ <IJC:: ~'"d ;o,S ~ ~Jkj ii) ii) "' -ii) -~ ... "' ,2, Oil u .8 ~ "' ~ c:: ::, «I u ':;::l i:: r.i. ·~ ~ 0 r.i. u <IJ r.i. <IJ -~ ... "' ::, -.. -u -"' ~ ii) u «I ~ u "' ~. \ cii <IJ ;l: \ c:: c:: >«I 0 u "'d 8 c::c:: El Elo -~ ~ ~<u<t:: --..·; ii) 0 _ �✓ I <£~,di2 /;, •z :..±-z·:c✓le> ~ 2- ✓ lLI) ):) 71-.-.:J,&~ 3 ,._; u j- t<. 1._...I ,. I (!__.,,_ /:3,,, "' ,,{/.,..~ I / tJ IU I I)- - I I /( , ,,e, I I - 7)~.,J.--t<Y ,......@.,,, . c , . z?-~ .,. ; z r" a 7 !' t d-t I- 1--~, ,1 A t ;,. ,--/0 ( l;.l ~ /L r.,.;e, I:: I. Co. Jl ~ 1-I·/ ,✓ ~----~--,, 2~,,-~; 't.;9,--d' .L-y-- /~' I '/la {J;/ >--... wet ,.__"E92fr ..t l l 1/,.I lA I/ - ~tL-./-4.t. t • ' 7-2 _{T 1,,_,ury- -A../ �. I : ' 1 1 ��r ~ --__l �IN TII~ CIRCUIT COURT OF ROCKINGHiu.: COUNTY, VIRGir;IA , v. I' VIN Bil.KER CILl.RG"ETO TilE JURY. If you will say If as his charged lars, yo·i find in the less accused, than one year, or by both Larvin him guilty indictment, one year, of involuntary then you will in the nor more confinement in or by a fine not by Baker, not guilty, no more. by confinement discretion, ceeding the so and punishnent of not your you find such fine manslaughter say so and fix penitentiary than jail five for exceeding and imprisonment. for a period years, or, in a period not ex- one thousand dol- �Com v. Larvin Baker Charge to the Jury �TRIAL JUSTICE COURT CRIMINAL DOCKET NO.. COMMONWEALTH V.) /g7.11.. ��.S-0 I. fo J,,. g 0 , so .so �I f �:,:;~::a:,:::::~ :.h:/1~g:h:f1~1.~; ~~1trt 01. 71;;;;;;:;;:1;:;;/ :11:- >!1/!J:::::Jt~ t·o··t·esNf~.a.nd.t.h.e..f~.1:.~/J.. ~o s.~~. who stands charged 1i~d.,,~dicted And this .... .....~/ d,y of THE .......... shall not omit nnder jJenalty of £100. 'd~~, And have then and ROBERT SW'ITZER, Clerk of our saidf!t':-rt, at the Court House, the •• /44(. SERVICE •.. .:.: ....... ·.: ..:... ::: ..:....... :::::::::::::: for a felony 1~meanor. there this Writ. Witne5Jiz ~~.11se1 PRESS, • ,.tJ.tf .. a HARRISONBURG, VA, ;. th, No. 457 .~~.. Clrrk �$,: ; 3" en C 3 3 ,, r g i O 0 :::, 1111 .... ' �C0M1IONWE.ALTH OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: In the Circuit Court of Rockingham The grand for the body of the ing said in said the that term, feloniously Powell Roadcap, Gladys Wright, Goldie Holsinger, and sent before against Shope, grand upon their August the peace 30, 1935, did kill and slay of is found on the testimony of George Whetsel, Will, jury oaths and dignity ✓ and Gilmer the and now attend- and unlawfully indictment Clarence 1935, on or about Commonwealth of Virginia. This to-wit: ~v~~ Cornmonwealth~in and of Rockingham, Marvin Baker, county, one Ileta county of the at &ts October Court do present jurors County, witnesses to give Dannie Weaver, sworn in Court evidence. �• I:Ianslaugh ter Commonweal th v) Indictment t:arvin 1 l i• l ~- - ~ Baker a Felony tenn, October A True 1935 Bill: ~ Foreman Witnesses: Gladys Wright Clarence Shope George Vlhetsel .Annie 'Neaver Goldie Holsinger Gilmer 1/ill D. W. Earman Commonwealth's Attorney �OCT·..i93S ( I . ' ' r C COMMONWEALTH , I J v. 1 ) Felony I MARVIN BAKER ;l I I' ) • ,' I' /• /, I / • , ,/ ' , ) ,, ; I 1 L ~ l, 1 (inv. /) mans.) 1/ �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Marvin Baker 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 1935 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_001 Baker https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_006_commonwealth-v-marvin-d-showalter.pdf 339a3d04838360eb9cc33fd6833b3ee8 PDF Text Text SOUTHWESTERN STATE MARION. HOSPITAL. JOSEPH VIRGINIA R, BLALOCK, SUPERINTENDENT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS October 1, 19530 Honorable Hamilton Haas, Judge, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Marvin D. Showalter, Dear Judge Haas: The above-named was ber 9, 1952, having Since admission, he so f2r as practical admitted to our Crminal Insane Department on Novembeen committed by your Court for observation and report. has been carefully observed, clld history has been obtained from a\Bilsble sources. As a result of our observations, we beg to report that in our opim.on he is not now insane and that he has not been insane or psychotic since admission. we do find that he is suffering from a fairly severe psychoneurosis characterized by feelings of inferiority, sensitivity about the mucuous colitis from which he suffers an:i which has just about wrecked any opportunity for social life; along with this he shows hysterical anxiety and compulsive features. It should be stated that he was studied in 1948 in the Neuropsychiatric Division of the University of Virginia Hospital, and it was felt by them that he was psychotic. It is felt that he is 1nentally competent and able to testify in his own defense. r ~. Respectfully, ~ Joseph R. Blalock, Superintendent. JRB/st Mo D., M. D. �,"I �I Docket No. oc COMMONWEALTH ) vs. ) 1953 of VIRGINIA Felony ) On Warrant ( arson) ~ MARVIN D. SHOWALTER Julian K. Hickman -----=--:,--------------:----c-----P· Own ( ) Appointed ( x) d. I -, J·o .JI !_}.f) c;r,~v. i}tt t{,. -~ J/w--111.. JI 'i ..,, ? :JI ,.) . '0 I _j-11 ') ") i - l 3i 1 ~ CIRCUIT COURTOF ROCKINGHAM COUNTY# VA. ��PRE-SENTENCE INVESTIGATION Staunton, Virginia November 2, 19,3 CITIZE:,JSHIP: American NAJ.IB: Marvin Dewitt Showalter ADDRESS: Rt. f'-3, Harrisonburg, OFFENSE: Va. HAR.ITAL STATUS: Single AGE: 31 (Born 4-15-22) NO. OF DEPENDENTS:None SEX: Male OFFENSE: Arson RACE: White CO~ ONWEALTH ATTORNEY:George Conrad The subject admits that he set four separate fires in the Kavanaugh Hotel in Harrisonburg, Virginia, over a period of approximately two years; May 1950 to October 1952. It is reported that he admitted starting a fire in May 19~0 in a basement room under the kitchen in a pile of kindling. This fire caused approximately $8,000.00 damage. Again on July 24th, he admits that he set a small fire in the check room near the desk of the Kavanaugh Hotel and on July 26th he set another by dropping a match in a trash can in one of the rooms nearby. The fire which occurred on Saturday night, October 11, 1952, was set by the subject to some clothing in the locker room used by the kitchen help in the baserent of the Kavanaugh Hotel. Showalter stated that he was in his room on the third floor on the night in question reading and that he got an urge to set the fire and went to the basement where he set fire to the clothing and then returned to his room. He called the desk clerk, Mr. Wampler, and asked him if he ffinelled smoke. He stated that he did not. Showalter then called Mr. William Geary, Manager of the Kavanaugh Hotel,and asked him if he smelled smoke. Mr. Geary opened the door and found that smoke was coming up the elevator shaft. This fired destroyed the telephone and electric service, therefore plunging the building into darkness. -Ir. Geary, the subject and other employees aroused the forty guests who w:iere in the hotel at the tire. This fire also caused approxL'llately ~8,000.00 darnage. After a lengthy investigation conducted by the Harrisonburg Police Department, Fire Chief and the State Fire Earshall, the subject ad.im.tted his guilt. On October 20, 1952, he waived indicG~ent. The court appointed Mr. Julian K. Hickman to represent the accused. On November 6, 1952, on motion of the counsel for Showalter, he was sent to the Southwestern State Hospital at Marion for observation. A report was received from Dr. Blalock on October 1, 1953, stating that the subject was sane and able to testify in his own behalf. On October 21, 1953, the accused through his counsel changed his plea of not guilty to guilty before the Honorable Hamilton Saas, Judge presiding over the Rockingham County Circuit Court. The Coro:nonwealth was represented by Mr. George Conrad. After hearing the evidence, this man was found guilty. On motion of the accused, t,,~e court referred this case to the Probation Officer for an investigation and report. PRIORRECORD: No prior record was found against this man in the area. ��RE: Marvin Dewitt Showalter Page 2 . . . . . . . . . . FAMIT,Y I-ITSTORY: Marvin D. Showalter, born April 15, 1922, is the third of eight children born to Ernest D. and Beulah Coakley Showalter in Rockingham County. The father was employed as a tenant farmer on farms in this county for a number of years. For the past eleven years he has been employed as a plumber working for Mr. Fred Garber in Harrisonburg, Virginia. The mother's chief experience has been that of a housewife and both parents enjoy a favorable reputation. When the subject was approximately nine years of age, he went to live with Mr. and Mrs. E. C. Shifflett near Pleasant Valley where he made his home until after he completed high school when he was approximately twenty-one years of age. This boy was no problem whatsoever as a juvenile and appears to have been a very obedient and well behaved child. HOMEANDNEIG-IBOR.B:OOD: This man has made his home for a-number of years with his parents who now live in a two-story, frai~e, stucco house located approximately three miles east of Harrisonburg on U.S. Route #33. This is a six-room home neatly furnished and in a good state of repair. EDUCATIO ~: Marvin Showalter entered school when he was eight years of age and completed high school at approximately twenty-one years of age. RELIGION: The subject is a member of the Pleasant Valley U~ B. Church where he was very active until recent years when he displayed very little interest in religious matters. appears to have stayed INTERESTSAND '1his man has no close associates, it is reported that he had a very pleasing personality. ACTIVITIES: time reading, attending movies and displayed very little osite sex. to himself although He spent his leisure interest in the opp- HEALTH: This man has been in bad health for a number of years. He was convinced in his ovm mind that he had cancer until it was proven otherwise during his stclf at Marion. It appears that he spent a long period of time in the hospital at Charlottesville in 1945, was off the job sick again during the year of 1948 and spent considerable time in the Rockingham Memorial Hospital. This man stated that while at the Southwestern State Hospital they apparently found his trouble and his health is now much improved, although he continues to be in a very nervous condition. EMPLOYMENT: This man established a very stable employment record having been employed after getting out of high school at the DuPlan Corporation in Grottoes. He was employed for a short period of time in Baltimore at a manufacturing company, until he was forced to return home due to his health. From 1946 to 1948 he was employed as a clerk at the Hotel Warren in Harrisonburg. He was again forced to give up his job due to his health and in 1948 he was employed by the Kavanaugh Hotel as a clerk where he remained until arrested for this offense. This man has no military history. RESOURCES: The subject ing,etc. has no resources other than a few personal items such as cloth- ��RE: Marvin Dewitt Showalter Page 3 ..... . SUMMARY: Marvin Dewitt Showalter, age thirty-one, admitted that he set four fires in the Kavanaugh Hotel in Harrisonburg, Virginia. He stands indicted for the last fire which occurred on Saturday night, October 11, 1952. He waived indictment; was later ordered sent to Marion for observation where he remained almost a year. Dr. Blalock advised the court on October l, 1953, that the subject was sane and able to testify in his own behalf. On October 21, 1953, through his court appointed attorney, Mr. Julian K. Hickman, he changed his plea from not guilty to guilty. After hearing the evidence, the court found the subject guilty and referred the case to the Probation Officer for a report and investigation. The subject has no prior record, is the third of eight children born to Ernest and Beulah Coakly Showalter on April 15, 1922. This boy has lived with Mrs. E. C. Shifflett at Pleasant Valley for a number of years. He now makes his home with his parents who live in a two-story stucco house located approximately two miles east of Harrisonburg on U.S. Route #33. He completed high school at Bridgewater, Virginia, when approximately twentyone years of age. He is a member of the Pleasant Valley U. B. Church. Showalter spends his leisure time reading and attending movies. He displays no interest in the opposite sex and has no close associates. This man has very poor health having been under constant treatment for a period of approximately a year in 1945 and again for another year in 1947. Since his confinement at Southwestern State Hospital, his condition is much improved. This man has a stable employment record having worked at several manufacturing plants. For the last several years he has been employed as a hotel clerk. He has no military history and no resources. Due to the seriousness of this offense and the fact that this man admits he set these fires possibly to destroy himself endangering the lives OMMENDATION: deliberately of a great number of people, I do not reconnnend favorable consideration for probation. Therefore, no plan is offered. PLAN.<\NDREC- Respectfully submitted, William H. Ralston Probation and Parole WHR/aee Officer ��s er 14,1953 t . Jo So th ph R. 1 loc, Su rint rn St t Ho pital r1on, in1 In Res ent arr • o lt r r Sirs ply gardi d 1 r to he t or Ma Appr ciati r of - d D. Sho ~t l; 195'3 r n Evan, h or , but b tor would 11k to hav tr. r d ton Very trul J. Rob rt Cl r C 1no H wl to th abov, I yours, s tz £1>1( 1;50BEl:S.l. HOM t 2Ml.l.:S: IS u~r;. o 1p .•• 1 S' l:S.!.1:Slfl'l p.. J rn . O{ JH ti �QLletk's ®ffic:.e HON, H. W. BERTRAM JUDGE J. ROBERT CLERK SWITZER <!tirruit <!tourtof Jorkingqant <!tountu " ~arrisnnhurg, l!Iirginia DEPUTIES F. COFFMAN WILMER MARGIE MARGARET BOWERS 8. WENGER �I oc.a I CUI CO T 0 1' .8 OU TY, VI GI I, GI November 6, 1952. Common-:H~ 1th r On r n indictment vs. arvin D. ~- D., and it of the a ble, to deliver 0 for to the the concti-t;ion, is $heriff her the or the l ts directed pursuant by di rec , bod u, county, • Showt'l ter t Southtion obser·r• ~. d to the provi- , and the super- in his Linding to cu~ tody ;hose s soon £.s raay be pr<,.ctic- of t e "&id Marvin purpo!-'es ment·l 1 in.an to re ort of this o.n for of hi for L. defendant, arvinD. crimin F. inrtitut &. said ~,10.rion, Virginia, mental hospit nd the s~ id hos oi t· 1 ( ;:~rson) made by this 19-202 of the Code of Virgini of said , c cm:ed is, th&t be comnitted OH.CE.-l.8D th·t t..t his ection co 1r . therefrom department concerning intendent tt is tote report ·e m~y be a dete~mination fit te Ho·pitcl report sions th is hereby it be com itted estern should so thrt condition, n of .,he written cppearin, !£,.rvin D. S 1or10.ltcr, observation elony alter 'ho On considerati Byers, f'or a hereinbe fore D. cho val ter set forth to . . co y. Executed deliver this 9th day of }ovember by ne the said farvin D. Showalter to southwestern SheDiff s~'?'~---of Rockingham CouniY__ �u 0 0 0 I b l • 0 8 • il j- W • V 1o l • • l: .t -t l -+ . \J r,·atr 'H.C~e \r., 'Ou 'l ~ r rf J 0 j J:,1')0_•: 0 .S 1" i 'H V • [ , f!'l.._;~+ 8 '"'',i rlJ [...'1.. ' J [_,_-., \I n 8 ) �IN THE CIRCUIT COURTOF ROCKINGh.AJIIJ. COUNTY,VIRGINIA, October 3, 1953. Commonwealth On a varrant vs. It being Su~rinyenJe.·tt iarvin shall to .srid t 1e cou (arson) jai rhos H received the ~heri to be el L.CCUS- in titution ,.dd to return - m 1t it l the custody .:..nd deliver is the cus- ~,aid hos ~nd upon receiving t the r 1~ order d to proceed co11mitnlent shall fr~ t the ti it o:re committed eted; the sheriff to rn Sti:te previous str .d termi , t .. e rom • repor for the purpo e of receiving ho.:ipitc.l 1..>cu ed, thereupon county now srne, i of ss.icJ i.ccused, the hereto D. Sho .' lter, fortl~ith o de to appear of tt.e So t v,est for obs-rvetion, tody elony a D. 6 o~~lter arvin ed, charging him to tr i l • CKl 'GH •, To-·.·vit: (Ji: I, J. Robert ~itzer, Cler o th· Circu~t Court of Virginia, do h reby certifJ that th0 oregoing is a t.rue and corr ct copy of a 1 order of tl e s;:.id Court entered on October 3, 1953, 1 t e nu.. tter of orlll!!onP. clth vs. i:..c. vin D. Sho·,,clte , s the ~- m ppec:.r • of ecoru in my office as Clerk a.fores.id. LOCKingh- n Coun.ty, Give u der y h,...nct &.1·d t! e eb. of tt"~e d ourt, t Hr..rri sonburg, .t c inch u County, \/1 r ini , t,l).i Jrd d,.y o October, 953. ,.CJ _______________ , ClerK. �iid"l 0 -ro s) ..sn--:: :;·" 'n c:., 0 .0 l n '.) .2v ~ 0 j ... :,9WfiOlI!f1:0 f'"l l • 0 0 l l: .t .t 1 1 .t 1 ,.) .. L • 0 'i oj l l 1: nw:t ..c j L 0 0 0 'l 1. f.": -:, ~ I .L ll-' • l - (. �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY, VIRGINIA, October 3, 1953. Commonwealth On a warrant vs. charging a felony (arson) Marvin D. Showalter It being Superintendent made to appear of the Southwestern ed, Marvin D. Showalter, for observation, forthwith tody shall to said thereupon hospital accused, the county jail, stand tne State heretofore is now sane, of the accused, of said from a report sheriff for the purpose whose previous terminated; sheriff there Hospital committed the received that shall institution is ordered to proceed of receiving the cus- commitment to said return to be held the accus- to said and upon receiving to await hospital the custody and deliver his from the him to trial. STATE OF VIRGINIA, COUNTYOF ROCKINGHAM, To-wit: I, J. Robert Switzer, Clerk of the Circuit Court of Rockingham County, Virginia, do hereby certify that the foregoing is a true and correct copy of an order of the said Court entered on October 3, 1953, in the matter of Commonwealth vs. Marvin D. Showalter, as the same appears of record in my office as Clerk aforesaid. Given under my hand and the seal of the said at Harrisonburg, Rockingham County, Virginia, 3rd day of October, 1953. ~/~ ti Ececuted this 6th day of October Court, this , Clerk. 1953 by returning the sa~'7~/~;~. ...._..,.....,a...._,_...,.....;~B.=,~·.._.._..~.rom the Southwestern _,. State Hospital County Jail and delivering to await his trial. him to the Rockingham �t 0. t 0 t t .., �/vJJ1J?V111: ;z?.Y/tJll/AL7E)f, K, I., the accused in the attached warrant, in open court before the Judge o.Lthe Circuit Court of Rockingham County, Virginia, this z.q ~ day of @CLT: -~E 195..e::-,do hereby voluntarily waive indictment on the said charge of Lftf-:St?J~ Witness: Attorney . ��--Comp. Form 18 f STATE OF VIRGINIA COUNTY OF Rockingham No .._____ To-Wit, _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, __ _.,._J-=ul=i=u=s~.t<,,___,,_.--=Ri=· -=-t-=-ch=i-=-e~, _C-=--l=n.=· -=-e=f-~o~f_P=---..::...01=1.=· c~e____________ ·----- has this day made complaint and information on oath before me, __,G=e=o"-'r~~,;=>'e"-"R=••L__:P=-=r=-=i=-=c::...:e;___ _________ _ (Name) ,Justice of the i'ef'.c of the sai~, that Marvin D. Showalter (Title) City _____________________________________ did on the 11th day ot in the night-time in the city October . 19g_: maliciously burn, of' Harrisonburg ju vjoJation and dignity in the said~· of Section of the in part, in which 18-148 persons of the feloniously Unlawfully and the Kavanaugh were lodging Code of Virginia Hotel building at the against time, the peace common~ealth. These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court -tlii~~~~nty, 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 ___ _ color ___ Address --------------- □ _ Address--------------- □ ---------------□ color ____ Address color Address --------------- □ color Address --------------- □ as witnesses. Given under my hand and seal, this 16th 'J."r--fi--""'='-"'--7=--=--+l-'----I------, _____...!~'__,i,CJt.~~4-AL.....J~~~~~~~Rs:) 12 52 �STATE OF VIRGINIA-COUNTY OF-------------------~ to-wit: Trial Justice Justice of the Peace I' -------------------a in and for the County aforesaid, State of Virginia, do certify that and --------------------------. to the Commonwealth ($,________ as his suret ____ __,have this day each acknowledged themselves indebted Dollars of Virginia in the sum of --------------------------·--------- ), to be made and levied of their respective goods and chattels, lands, and tenements be rendered, yet upon this condition: That the said ___________________ of __________________ __::..___ County, on the _________ to the use of the Commonwealth to Circuit _, shall appear before the Court Trial Justice 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 IP.ave 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. < "' (") 0 ... "' "' ti 0 n ~ t;rj 1-3 z p g: I-'• en • e... §f • $ 0 I-'> en s:: a a0 ::, ~ :::r oq 0 E (") 0 ... "' "' > ... 0 .., ::, '< " ~ Ei ",. "' "' > .., ., § ,.Ei '11 "' "' "" Ill > ... ., "' .., .., Ill ... ::, ... p. "' 0 0 '0 '0 '< - "' ., "' n, O"' p. " td ::, "' .., "' p. "" E s:: 0. n, ~ ::, p. ::, ""'... -l .., "., o' " ;. " 0 "' >-,J :r n, 0 0 rn ~ rn i -...J •N V1. • V1. 0 ..... •N \JI. 0 ::, ;. I\) • 8 ... n, r (") 0 s:: ::, ... :.< n 0 oq =· N "p. �SOUTHWESTERN MARION. STATE HOSPITAL JOSEPH VIRGINIA R, BLALOCK, SUPERINTENDENT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS 0gtober 1, 1953. Mr. J. Robert Switzer, Clerk, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Marvin D. Showalter. Dear Mr. Switzer: You will find enclosed in duplicate a report to the Court concerning the mental condition of the abovenamedo It would be appreciated if you would transmit the original to Judge Haas and retain the copy for your files, Py~:··~ Joseph Ro Blalock, M. D., Superintendento JRB/st Encl .. .2. M. D. ��COMMONWEALTH VS. ta !)ti~ DESCRIPTION ~at: OF PRISONER A,/-3 7Lflu ___________________________________________________________________________ _ Last known address _____fl~y---Color_ __~-----Marks __ ___{e Age ___J_( Height__~::-=:::-=2___ Hair__i_______ _ Weight_/ ___________ / (- ________________________________________________________________________ .._______________ _ ____________ Date of T riaL _/ Eyes ___~ Occupation ___2~-- _~--- _____________________________________ t>/ 1 ___~ ________________________________________________________________________________ _ Result _____________________________________________________________________________________________________ _ �) �In the Name of the Commonwealth of Virginia: / To the Slieriff of Rockingham County, Greeting: You are hereby commanded to summon ......... G.h.;l.~ ..f......J.~-JJ:µ~···BJ.~J~ ..t...W.JJi.!~.~······'····· Braithwaite. 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 .....2.6.th................. day of... ......... QQJQ1?..~.~···············································l9 ...1?..~, to testify and the truth to say in behalf of the Commonwealth ·······················- against ........................................................... . MARVIND. SHOWALTER ·····························································································--····························································-·-····-······················-·-· who stands charged with and indicted for a felony nmx:brffiKimfr. And this you shall not omit under penalty. And have then and there this Writ. Witness, ~~~~"'!J!i~, day of.. ....Q.c.t.oher. ................ , 19.53 ....., and in the 17..$......yea TH• ••• .,,c. PaEU, HAI.IUSON ■ UaG, ••. at the Court House, the ...2.0.t.P..... �Commonwealth v. ) Witness Sur11I11ons Marvin D. Showalter To October 26, 195 3 at 10 :OO a.m. 3 IN THE COUNTY or ROCKINGHAM BY DELIVE COPY F EXECUT£g/:LljS ' T ~at..h IN PE w~ &rz1:t;/uacufl 13v t •}:.h,LC)? / 1 U1 lJ c:. ±e7' - A. L.STRA~\!DtRL AN H-P.fff ROCKINGHAM COUNTY eJ �In the Name of the Commonwealth of Virginia: C~lp~=.r To the Sheriff of R~ib County, Greeting: . ' ••••••••••••U•••••••••••••••••••••••••O••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••OH•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 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 .....?.§.:t.h.................. day of.. .......... 9.~J.9.P~.~························•·····················19 to testify and the truth to say in behalf of the Commonwealth ~.?, ... against ........................................................... . ......................... .............................. MARV.IN ...P.•.... SHOWALTER ........................................................................................ . 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, ~~~-K~Per1~ifo~ft, day of...99..tg.~.~.t ................... , 19::5.9.... , and in the 17..~t?,- TH■ l ■ aTlct: PA.EU• IU,,1.a.UON ■ UI.C, t&.. at the Court House, the ...?..Q:!??. .... l-..-~;;;;:.,-...nwealth. �Commonwealth v. ) Witness Summons :Marvin D. Showalter To October 26, 1953 at 10:00 a.m. ~ :::, .... ... 0 ' �. Smyth In the Name of the Commonwealth of Virginia: To the Sheriff ofJ!XcJ:iliiiijlwm. County, Greeting: You are hereby commanded to summon ....P.~."·····~.'?.~.~.Ph....~."·····l:3.J..:.~~g<?..1!= ........................................... . . , .. --.. -.. -................................................................................................................ ·········································--······-·······-·-··············-----···--------·--- . 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 ........ ?..?.~!: ............... day of.. .....9..~.!.<?.?..!:'.~ .................................................. 19..~~. to testify and the truth to say in behalf of the Commonwealth against ........................................................... . MARVIND. SHOWALTER 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. at the Court House, the ..2.0.t.h. .... Witness~~~. day of.. ...9.~.t9.:t?.~.r ................. , 19!5-.~ ....., and in the TH■ 1 ■ 1.'t'lc.& Pl.EU• HAl.1.JIONIUI.G• tA.. �Commonwealth v.) Witness Sunnnons . Marvin D. Showalter . To October 26, 1953 at 10:00 a. m. ~-0-···...da F~1tyd on the.... ~,:,1..ef:J..Wl of. .. ... co o �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: y OU are hereby commanded to summon ....(E.a:r.l ...W~mP.l..~P.,(wtl.JJ..:_gm ...EJL .......................... . ............................. Ge..ar..Y. ....{:O..o.t.h ....at ....K.av.an..a.i1&h ....l.I.o.t.e..1} ............................................................... . 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................ 99..t<?.°!=>.~.l:' ............................................ 19..P9., to testify and the truth to say in behalf of the Commonwealth against ......................................................... . MARVIND. SHOWALTER who stands charged with and indicted for a felony ooa~r. And this you shall not omit under penalty. And have then and there this Writ. the Court House, the ..g.Q.t.h .... Witness,~~gJ;RN~~~~~~~~;oM'a~at day of ______ g_~-~-??~-~·················, THI l ■ RYICR PI\ESS, HA-.&ISON ■ Ua.G, TA.. ?:!??=-,,""'"' 19....~9-.., and in the 17.. �Connnonwealth v.) Witness Summons Marvin D. Showalter To October 26, 1953 at 10 :00 a.m. - !OJ.ii I .6~ IN THE COUNTY llt C.:XECUTED. _____________ ROCKINGHAMBY DELIVE COP~OFJHE WITHI TO~~ , 801Jl1.PERSON. e du ""th-'1 t J. :u~ :w~ /Jep,. hr:-~ A. L.STRA'• ER,~L .i'~ HE fff ROCKINGHAM COUiffY �TRIAL JUSTICE COURT Criminal N<i 10760 Docket A Com'th V. ~ Defendant ~. ~ q,l,Y,Appearance date / o - / 6 - -l-7- Trial Date ilea of ~t7 - To Grand Jur,r. 10-16'2 �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Marvin D. Showalter Subject The topic of the resource Arson Description An account of the resource Defendant charged with arson. (note: mental health check) 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_006 Showalter https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_011_commonwealth-v-matthew-j-barber.pdf 405332887d0e343b1aa4f46c8694b003 PDF Text Text COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM,to-wit: In the Circuit Court of Rockingham The Grand Jurors the body of the Court of the _, 0~ Barber, burg, unlawfully night-time the legal thereto aforesaid, with said said and there or occupied the intent steal feloniously dignity City Upon the in the City of Harrison- being to then and enter to one E. L. a dwelling house situated and there being or outhouse in the City unlawfully in said then then and carry building; value of the aforesaid, steal did break and feloni- away the goods and chattels Matthew J. Barber did take, of the 1957, of the approximate in the which the said Matthew J. belonging of the goods and chattels building that therewith, and carry (48) batteries ($96.00), Circuit of which was in one Joe Kimmel, Joe Kimmel then and there eight the present building possession not then to take, in and for oath and feloniously a certain adjoining ously CountY., upon their 30th day of January, Virginia, building now attending 1957. 11 /\ Klingstein, said said fl13ovr Term, Commonwealth of Virginia, County of Rockingham, on the in the of the August County, said and forty- of Ninety-six Dollars Joe Kimmel in and there and there of the being unlawfully away, against the found, and peace and Commonwealth of Virginia. evidence sworn in open Court of Jesse and sent J. Sager and David Rubin, to the Grand Jury to give witnesses evidence. �F 1>--v1 Z-/- INDICTMENT BAR.BER C0.MM:0NWEALTH v. MATTHEW J. A TRUE BILL Charles Eo Earillan, Jr. Commonwealth's Attorney • �+ ��COMMONWEALTH v. MATTHEW J . BARBER INSTRUCTION ---- The Court instructs this the jury case is a mere accusation and is not, guilt; of itself, and no juror against the defendant in this case. I permit because the indictment or charge any evidence should that against in the defendant, of the defendant's himself or on account to be influenced of the indictment �.... ( . ., (. �COMMONWEALTH v. MATTHEW J. BARBER INSTRUCTaiON ----The Court instructs defendant the jury to be innocent until that the law presumes he is proved guilty in the indictment by the Commonwealth by evidence reasonable doubt, and to the exclusion hypothesis or theory presumption the entire after of innocence case, having against doubt of the guilt or as to any fact essent:ia. it of the doubt and find or the probability however strong, sufficient of the evidence him in the indictment, the benefit suspicion, all with his at every if the greater evidence supports evidence amounts to proof weight the charge beyond all innocence. stage This throughout thereof, and if, in the case, the jury of the accused upon the to prove the charge is their made duty to give the defendant him not guilty. of the guilt is not sufficient as charged of every reasonable goes with the defendant and applies heard have a reasonable whole case, consistent the Mere of the defendant, to convict, nor is it or preponderance in the indictment, beyond every reasonable of the unless doubt. such ��COMMONWFALTH v. MATTHEW BARBER INSTRUCTION In considering burden of proving the Court whether the instructs nor its is founded on reason, or possible proved doubt, guilty guilt of the the "reasonable" or not the jury accused that meaning. Commonwealth has met its beyond reasonable you should not overlook A reasonable doubt and is not to be confused for imaginable, the word is a doubt which with the law does not say that beyond every doubt, imaginable a man must be conceivable, or possible doubt. In passing the jury must limit at the trial inferences of this to create inferences consideration case, to the including the the from lack questionable material doubt, presented and reasonable cannot go beyond such nor can you go beyond such evidence jury should of evidence, proof fact evidence natural The jury of the charge, to of guilt. Furthermore, arising its of the proof to be drawn therefrom. evidence find upon the sufficiency bear from conflicting of any particular essential and not a mere doubt in mind that fact, to the proof concerning any~ doubt testimony, or from sha.il.d be a doubt of the guilt immaterial of a of the accused and nonessential cir- cumstances. If, evidence, after a reasonable your minds are left you from reaching then belief the Commonwealth has failed If, on the other of all conviction of the truth reasonable the doubt. hand, consideration in such a state a convinced sideration all and honest after evidence of the an impartial in the charge, of doubt of the guilt to meet its case, of all of the as to prevent of the accused, burden. and reasonable con- you have an abiding you are then satisfied beyond ��Commonwea Ith v. Barber INSTRUCTIONNO. The Court instructs the jury that the exclusive possession of recently stolen property unaccompanied by a reasonable account of how the possession of the stolen property was acquired, creates a presumption that the possessor is the one who stole the property, and if you find from the evidence, beyond a reasonable doubt that Matthew Barber was in exclusive possession of the batteries recently stolen from Joseph Kimmel and that Matthew Barber has not given a reasonable account of the possession of the batteries, find the said Barber guilty of larceny. then you will ��COMMONWEALTH v. MATTHEW J. BARBER INSTRUCTION_\/ __ .,.,-__ The Court possession of stolen presumption is an explanation would leave the jury only prima a reasonable were stolen, stole that goods is presumed facie and if of how he came into not he actually they instructs doubt _ although one found to be the thief, the possession defendant of the this makes such goods as in your minds as to whether or received it would be your in or them, knowing at the time that duty to acquit. ��COltMONWEALTH v. MATTHEWJ. BARBER INSTRUCT ION The Court evidence evidence, is further just as legal provided that of such character of the instructs defendant's jury and may be just the and force guilt the --- attending that circumstantial as effective circumstances as to satisfy beyond reasonable as direct proven the minds of the are jury doubt. • �" �COMMONWEALTH V. MATTHEWJ. BARBER INSTRUCTION The Court must always a verdict a character instructs be scanned of guilty with unless and tendency minds a moral the certainty jury great 7 --- that circumstantial caution and can never the circumstances as to produce of the guilt evidence proved upon fair of the are justify of such and unprejudiced accused. �• �COM}ONWEALTH v. MATTHEW B.ARBER f INSTRUCT ION • The Court is a question to determine instructs the exclusively from the for manner of testifying, their testimony, their or lack nesses to the parties, result of the trial, circumstances apparent if any, and to give and the reas,onableness candor the on the trial, such testimony, the credibility and consistency their the relationship int ere st right determine relative of apparent of the wit- of the witness and from all accordingly. have the on the stand, and fairness, and what is the credit of witnesses jury of the witnesses if any appear, of credit Ii- ii jury; of intelligence, appearing fJ the the are more worthy 9-rO- that appearance their intelligence jury other in the surrounding which witnesses weight of any �• �August 24, 1957. Commonwealth v. On an indictment for a felony (breaking and entering) Matthew J. Barber This day came the attorney Matthew J. Barber, Harry Blatt. venire twenty and free of said twenty whereupon, under a writ who each alternately struck twelve, namely, for therefrom Irene selected and truly prieoner try as aforesaid and true at the bar and a true the evidence. And having the attorney for moved the court fourth deliverance the names of four per- Hedrick, line verdict Stanley the words 11or over the objection were sworn to well the commonwealth and the according xmxr2x« by inserting in the about" so that same will the accused, moved the court further, which motions required the court to file herein1ere was released by counsel, the commonwealth to file for Bf~inue.nce herein continued on his ~ granted; until l- because a bill or and the indictment ed. • -',( read.t'on 1957 .. ", xwam±x which motion the court of the accused, 'P--t.A. -J._,1,_ I. of the evidence, of witnesses, said accused, for to the law and the examination amended, to which action attorney C. A. and Maynard E. was accordingly Thereupon, Davis, D. Grim, Robert with the hearing during to amend the indictment the 30th day of January, granted render then proceeded the commonwealth, thereof the jury, make between the names the commonwealth and Rames E. Comer, Joseph to constitute of and found duly containing Herry F. Bowman, Iva C. Gordon, Myrle Hulvey, Hoover, about and by his attorney, a list was handed to the attolney Galen Kagey, Bonnie Shaver, Frazier, and the accused, were examined by the court from exception; and the remaining Cl2rk, recognizance summoned by the sheriff persons persons the accused, sons, to his And from persons facias, qualified came pursuant for the commonwealth, a bill by counsel, to require of particulars,xmr:i:x he was taken by surprise, and the attorney of particulars, Tuesday, said recognizance- exceptthe and both of for the com,~onwealth is and further September 10 next, proceedings and said accused Y. ��CO fMONWEALTHOF VIRGINIA IN THE CIRCUIT COURT FOR THE COUNTY O ROCKINGHAM COMMONWEALTH v. 1-l.ATTHEW ·J. BARBER s BILL OF P.ARI'IC Comes now the Attorney day of August, against Matthew J. him by the says did unlawfully January January 30, 1957, and enter Klingstein and carry steal property the particulars of this Court 27, 1957, in the at its a certain sometime building away forty-eight atthew between owned by E. L. intent batteries, to take, the proper- building,and (48) batteries, Joe Kimmel, the value noon Virginia, the in said J. of Wednesday, or warehouse by Joe Ki1mnel with against Term, 1957, a of Harrisonburg, Joe Kimmel, located of the said August to prove away used motor vehicle and carry returned and the afternoon City 27th of the charge upon an indictment and feloniously, and rented ty of the said take, Barber the Commonwealth this the Commonwealth expects of Sunday, steal and for Grand Jury that Barber break 1957, for did the of which exceeded $88.80. fit~dln the Cer Office ft@Qk111 hamCo nty,V 1/ 1 57 . ��COMJIONWEALTH v. MATTHEWBARBER CHARGE TO JURY If you find charged in the the accused indictment, by confinement in-the guilty you will penitentiary or, in jail exceeding a period not exceeding Five not then in the you will penitentiary or, in your exceeding indictment, not less discretion, twelve than discretion, twelve the accused say so and fix for in your not less his as punishment one year by confinement months and by a fine Hundred Dollars. If you do not find as charged and entering say so and fix for nor more than ten years, for of breaking guilty but find his than him guilty punishment one year by confinement months and by a fine of breaking and entering, of grand by confinement larceny, in the nor more than ten years, in jail for not exceeding a period not Five Hundred Dollars. If you find him not guilty, you will say so and no more. �J ��·--- ��__J �L �1 1 �~~1Cc f e;;;.~~e-ecc-C:--;? .,. ~ -t'~z:-c-,,,L ~ ~/ ..~' ,.----z,.= ~zc <L ~-r l- ~/ /z: z._ ~t J/,,_ c S:-L ...... c 7/--/~ ✓ br [..J-C''---C LI~~-- ~ .:d ,,,,p- et..~z. t'f-~~ 4 61_-4 ~k -~ -"t ��TRIAL JUSTICE COURT Criminal Docket NC? 23519 Com'th V. "- IJI •Appearance Date Trial Date ~' - 'f - J:3 - - S I J-/ ~- t-1--~ ~Jl)'f ~ - {,,2.r,-~7 -2: f? /v/. ~- "1-1,-~ cfJ·,J?.11 A ��In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded to summon ...S.t ......Cla.ir of Rockingham County, Greeting: ..B.arbe.r., ...H:u.ey...Jone.s.,. ...Ruth ...Jone s, r .......................................................... ···.,;,·····l····•·············• ·' ···········································································••o,••·········•·•·•··•···················••·••···················································· to a~ear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, 9: O at o'clock, a. m., on the .24thlay say in behalf . . . . .. . . . . .. . . .. .. . .... of the Defendant . . ...... of........Augus..t, ............ 195.7 ... to testify and the truth to in the proserntion of the Commonwealth against........ ............................... . ... . . ... . M.~.t.tJ;i,~.w ... J.,.___ B..arb.e.r................................................................................ .. who stands charged with and indicted for a felony 1ii~ 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 ..21st day of ...August .............19.57 .., and in the 182_d" of th~,Co mon?f a/th. flgft::J,~-~-· i===r= .......... ..·•Clerk~ ~ - • �Exec~tedon th~..~~ ...day o~·······~ ......:.................... , 19.~., In the County of ~~•.:~~:=:~••~•:,a:~_':":;_•_:p,o~~ fmdmgih£A.;t.... there, or ili,y c.lnr p, ~ , , , '.' ;,ar:: , -~.-·,. J couid be mode, I Iott a true copy of the abo,'} menfa,:-::d p..;pcr.; "';'~~.,..;u ,.: c;;.,.:1":;,~r, posted on lhe f•·•t tfoor of~-· usual place of a:,ode. R.C. ,...d~~~~~e::a=:~S. {!~. ..... /.3.~ Not finding,_... place of abode, Executed .......~······,22.t-···/2.s:._.7- true copy of t!:fa~. -····-······················ ..·:-··. ............... at his usual ......by to .....-9.~ . delivering a .....Ma...~.~.~-- !!~ ... d~ i~ pcr"U ·, ~[ sruJ.••• :~ place of e!,.ode.. / '7'../. fl~~···.r:/,. .., bdni a m~mber of family abov..: th.! a/e of 16 y.::urs, and explaining the DUrpod thereof to her. ~ ---; ~....S.R.C. HE COUNTYO.t ROCKINGHAM BY DELILA COP~~ ~-" ~ • \ r ·i;;J ~ & ~':. c\i("~ /:?j ~ ~ -(J\, ,.... ~~§~ - .~ ~ ~,.,, #~-e-,:§ ~ ~ § IC") ~ ~oa (· WITHIN To ---- ·-~A-s4~r·- TRUE ~c ·1 l~ - 'TV crs c Q �-.iJ~.. Not finding ....... ~...................... at his usual delivering a place of abode, Executt·········z~~L----······:···········by true cyyo~ this.~ ····.d~ ~-77---;,·-·~·- •••to •••••• ..._...__.._.__ jn person, at said... . , . • ....~ . ~' usual place of abode ......·--····~·. ...... !.·--·-·-····, bemg a member of his family above the age of 16 years'./j'1 exp • • the purport thereof to her. ---~·✓-..c.:. ;Deputy Sb,erif . . S.R.C. ��In the Name of the Commonwealth of Virginia: To the, Sheriff of Rockingham You ~re hereby commanded County, Greeting: to summon ........................................................... DA.VID...RUBIN ............ J.unk ..Yard ................................................................................... .. ...........................................................JOE ...KOOIEL.................... ....................................................................................................... . 11 ...............................OFFICER. ...SA.GER.. ......... ......... ....... .....ORMRODE. JITLLI to appear before the Judge o'clock, a. m., on the Commonwealth of the Circuit . ...... ~) ............................................................................ .. S. Court of Rockingham County, at the Court House thereof, at 9 :30 lOtb. day of .. S.~pt~m.:b.~r........., 19...5.7, to testify and the truth to say in behalf of the befflore>-the-6nn-rd-}tt'l"y, against ..1'IAT.THEW.. BARBER ............ ................................................................. .. who stands charged with and indicted for a felony And this you shall not omit under penalty. Witness, .. El~ CHARLES E. EARMAN, 11t1~~!MW>l'. And have then and there this Writ. JR., Commonwealth's Attorney for Rockingham County and the City of �----1!JAECUTED ll'/_t~ THE COUNTYOl" ROCKI.NGHAM BY DELIVER ~lS..ECUTE&::.2 7-f l'NTm.; COUNTY~r ROCKINGHAM BY DELI COPZ THE WITHIN A TRUE ~~ TO 11f'PERSON. q:;;:~ . A.L.STRA\1J SHER; ROCKINGHAM COUNTY ~CUTED ROCKIN 7/4,/4--z..I THE COUNTYOY AMBY rt LIVER~ ATRUE VI Hil~dQ<f:'l. COPY OF ' TQ ____ ~------- IN PERSON. .:.Ar.:CJ1'E~'e/f.,.-~I.N'l'HE COUN'l')' l, ROCKINGHAM BY DELIV ING A TRUE. co?'~HE ~ITHI~~~~~­ T~ ~~ ~RON. ~.:$~-$? • �In the Name of the Commonwealth of Virginia: To the, Sheriff of Rockingham You are hereby commanded .................................................... County, Greeting: to summon OF.F.I.CER ... J .•.... J......SAGER.. .................................................... DAY.ID ...RUB.IN......( il.u...n.k ...Y. ~rd) ............................................................................................. . to appear before the Judge o'clock, a. 111., Commonwealth on the of the Circuit 19.t.h..day of Court of Rockingham . Au.gust before the Grand Jury, against. who stands charged with crnd-indi~d CHARLES Harrisonburg, Virginia, of the Commonwealth. E. EARMAN, at the Court House thereof, at 9:30 .., 19.5.7., to testify and the truth to say in behalf of the .....MAT.THEW ..J......B.ARBER .................... ............................................ . -fm-a felony mn;denreancrr. And this you shall not omit under penalty. Witness, County, And have then and there this Writ. JR., Commonwealth's at the Court House, the ..5th .....of Attorney ..August for Rockingham .. County and the City of . . /~ the .eU z ~c.~.~.. Commonwealth's Attorney ---,,.....,,c.. �IN THE COUNTY 0 ROCKINGHAM BY DELIVER GA T ~ EXECUTEDK-fJ7 COPY ; n'H&-f...Q R ,¼ o...t'1 ~1..ECUTED!;i ..-_0 _-_IN THE COUNTY Ul ROCKINGHAM BY DELIVE~ING A TRUE COPY~F THE WIWIN~ TO£~~-::__K,~~~::::._ I?~• ~&~& __ ·-·······-····· �In the Name of the Commonwealth of Virginia: To the· Sheriff of Rockingham You are hereby commanded to summon ....................................................... OFF.I.CER ..J.ES.SE County, Greeting: ... J ....SAG.ER ....................../. .........?.................................................. .. DAVIDRUBIN ........................................................................................................................... Junk Yard ........................................................................................ , to appear before the Judge o'clock, a. m., on the Commonwealth of the Circuit Court of Rockingham .2..4tb. ..day of County, at the Court House thereof, .. at 9 :30 Aug.ust ................... , 19 5.7, to testify and the truth to say in behalf of the bei~..J:.1.~~-.1.1~J.u.¥,against ......MA.T.THEW ..BARBER.................. .......................................................... . who stands charged with and indicted for a felony-fflffi@@-11i-6aRM.,. And this you shall not omit under penalty. Witness, CHARLES Harrisonburg, Virginia, of the Commonwealth. • E. EARMAN, And have then and there this Writ. JR., Commonwealth's at the Court House, the 2 Oth ...of Attorney for Rockingl~am County and the City of August.. ~ . ,~~1d. _? / ........... Commonwealth's ~ ........... Attorney the ~ ..... .. �~.&ECUTED~/vb THE ROCKINGHAM BY DELIVER COPYO Not findW...,.£2~~·-··-·---··-········•t place of abode, . L.s ::z:·=~•··-4·~.2 true copy of th. ROCKI GHAM COUNTY ··-·-···_ .______ WFF his usual ual place of abod ___ his family a to her. - ro ~~ ...to .. .#~££· .in pers n, at said... 4 ?<{;<e-r' .... by delivering a being a member of laining the vurport .the60f ~-----···-, e ..,.,.,.. �In the Name of the Commonwealth of Virginia: To the, Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ...,.................................................................... O.R:MR..ODE ...WI.I.,I,_I.A}fS .............................................................................................. . to appear before the Judge o'clock, a. rn., on the Commonwealth of the Circuit ..2.4.1.P.day of Court of Rockingham J\µgµ~rt.................... , 19 5.7., to -+~~~~he-Gi.a~4~wry, And this you shall not omit under penalty. Harrisonburg, CHARLES Virginia, E. EARMAN, at the Court House thereof, at 9:30 testify and the truth to say in behalf of the against .... )[at.thew. ..Barber ............. ................................................................ . who stands charged with and indicted for a felony Witness, County. 1TITS'l'let1'Cffl'l.el": And have then and there this Writ. JR., Commonwealth's at the Court House, the Attorney . Z.0.tbf ... of th, Commonwealth. .~ for Rockingham ·~i.., ~µ_g»t. ~ .. County and the City of z /c~ 1~..::-drthe ... . .. . ... . .. ~- .............. Commonwealth's Attorney 182nd)'. 'PY"~ �i:<_;J;:ECUTED~__.__.._IN THE COUN'J!Y01' ROCKINGHAMBY DELIVER GA TRUE COP -.,,,_.,,.,_ A. L.STRAWDERMAN SH Rf F ROCKING!;i;.1COUNTY _t(O �In the Name of the Commonwealth of Virginia: To the· Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ............................................................... J.OE...K IMEL, ...Junk. ..Yard ......................................................................................... . to appear before the Judge of the Circuit Court of Rockingham o'ciock, a. m., on the . :241.Jliay of . .. . August .. Commonwealth "'the-6-rami-J,.rry, brlCl't"t': , 1S67., County, at the Court House thereof, at 9 :30 to testify and the truth to say in behalf of the against ..... MATTHEW .. B.ARBER ............................ . who stands charged with and indicted for a felony~~i,,;~i.or. And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, And have then and there this Writ. JR., Commonwealth's Attorney for Rockingham County and the City of �~c TED.£,&~~IN THE COUNT Or ROCKINGHAM BY DELIVER NGA TRUE COPY 0 �Comp. Form 18 l STAl'E OF VIRGINIA COUN<JCI.OF Harriscnburg City No _____ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: J.J. Whereas, Sager has this day made complaint and information on oath before me , Justice City (TittcJ 30th break and enter the property to take, day 0£ Barber , 19-2!_: :in the night,..time a certain with intent ltea.1 and carry away and forw feloniously _i·n the said~ January of E.L. Klingstein, value of $96.00, _ kake of the said ~ tha~-------------- Matthew J. _________________________________ did on the _____c:.....:..______c _________ (Name) of The Peace ---------=-:--:---------- John G. _____ the property eight buildin1, not occupied (48) batteries of Joe Kimmel found therein take, stea.1 and carry away, against and feloniously, Unlawfully the goods and chattels City as a dwelling, found therein of the appro:ximate did unlawfully the peace and dignity and ef the Co·mnonwealth of' Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Rockingham Lili )Jill[[ Court of tll!::axiJdCounty, the body (ll:Xlltls) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon ---------------- --------------□ color ____ Address color ____ Address --------------□ color ____ Address --------------□ color ____ Address color ____ Address -------------- □ as witnesses. Given under my hand and seal, this 28th (Title of Issuing Officer) JUSTICE OF THE PEACE (Seal) �City STATE OF VIRGINIA-Cfli'ln,'\' Harrisonburg OF ----Alldmt"'""¥W_.,,1fffliixbmt,..,,......,fuw.--..........-------, John G. Leake I, a -- Justice of the Peace to-wit: in and for the "~:'{foresaid, _, State of Virginia, do certify Matthew J. Barber that y__ , have One Thousand----------------------- and __ !_._F_r_a_n_k __ C_l_i_Jl_e _______________ to the Commonwealth 1000.00 ($ , as his suret __ of Virginia m the sum of this day each acknowledged ), to be made and levied of their respective goods and chattels, lands, and tenements Matthew J. Barb~r· be rendered, yet upon this condition: That the sai ... d___________________ themselves indebted -- -------------- Dollars to the use of the Commonwealth ,:::::: iiii ~ 2 _, shall appear before the to Court 1 Rockingham County, on the -~5_t_h ____ day of___ A-=--p_r_il _____ Co_u_n_tv__, 19-21_, of-------~-------------2' at P M., at Harri sonbUT!; ,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 ----------~-vs from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this ~ (i 0 ~ 29th March day of " "%j s· n, "' < :" \ ~~ ~ ~ ., c+~ ~~ ~ z ~ tJ,:I > t"' .., ::x: 11 .... \0 ~ Ul C (i 0 "%j ....., 3 3 n, !a 0 ::, (i 0 =! n, E.. ... "' "' a: z p a: 0 Ii~til & Ul (1) ....., 3 0 3 ::, s· OQ ;. ~ > s ... ., "' n, 0 ::8 ;:;.· ::, n, "' "' .._ ~ "%j ::, Clo "' ::, nn, "' (") ;:.., ::,;- ~ ;:.- "' OQ n, n, n, > .,., n, ... ti) to ~ ....., ., E ~ .,"' ., C Clo i5.. n, '< ., "' :?. > ... "'Clo::, n, Clo '< ~ \ E.. 0 c... "%j ~ ... E.. :ii:: .., tJ,:I 0 0 ):, 0 0 I .> \ s· 0 > ::ti ::0 c+- > z....., ~ ~ .., t, ::8 'O n, ::, E.. to '< ., "' .,,. "' 0 ~-- <: ::;· IJQ g <: ::;· s· OQ ~ ~ "' n, ., "' a· 'O 'O F" F" er n, 0 ., ~ 0 Clo n, ;. n, n, "' ::, "' n, '< 0 0 J~ ➔ 0 ::, rn l'I) ;. n, ' 6 <-; 0 ~ "' \0 6 l n, g_ 0 =! a· ,., OQ C ., :, f;)ID. ~ _g. ~s n, (i 0 C ., L..- .., ::r ... 0 (i 0 C ... ::< ::, "' "' n, "' =! ., ., n,' n, n, n 0 OQ :, ;:r n, Clo �Docket No. 3 Yf f. COMMONWEALTH of VIRGINIA ~~'""",_. -- f>J 1/ r '1 VS. Indictment) --"- ~ J~ ~ ,)fr~~' q~? >---/'. ·~ V ;7L /i~ /J,l// CL •·....:;;)~ (breaking & entering) ..... H..... a...__rr..__,,y~B..L...JJ a.......,t ....... t,___________ Own (X } Appointed p. d. ( } e/ //-_ I /, Felony MATTHEW J. BARBER ~ V ) r~7~ - ?I~, ) 1· (' I 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 Matthew J Barber Subject The topic of the resource Breaking and Entering Description An account of the resource Defendant charged with breaking and entering Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 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_011 Barber https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_010_commonwealth-v-matthew-w-wilson-jr.pdf fd0b4edc76da5f0dcc7e977dbd0ee460 PDF Text Text 2 .0 0 9 8 .7 0 3 .0 0 1 0 3 .7 0 T 3 0 0 .0 0/ 6 25/ 2 .oo/ 1 o 3 .7 o✓ 411.95T 3 0 0 .00 6 25 2 .0 0 10330 6 25 1 0 .4 8 1 2 50 441.18T 6 25 1 0 .48 1 6 .7 3 T ��CO:MMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM,to-wit: In the Circuit Court of Rockingham The Grand Jurors County, of the said Wilson, Jr., Betty County, with Ann Hoover, female person seventeen upon their oath and arms, the said Ann Hoover, beat, choke, did then then her will Betty and there ! and there with the Circuit that , 1955, in said Ann Hoover, years, Mathew W. County the intent against then being to-wit: violently feloniously and by force, in and for present did make an assault, wound and abuse, 1956. in and upon the body of one the age of sixteen feloniously Betty against force she, over years, Ann Hoover, now attending on the 2nd day of December of Rockingham, Term, of the Commonwealth of Virginia, the body of the County of Rockingham, Court April a the age of and her, the said and feloniously her, the said Betty to ravish and carnally know, the peace and dignity of the Commonwealth of Virginia. Upon the evidence ver, witn sses give evidence. of Sheriff sworn in open Court M. L. Hoover and Betty and sent Ann Hoo-- to the Grand Jury (" to �CO:MMONWEALTH V. -c&~_.J~~ . INDICTMENT A TRUE BIIL MATHEWW. WILSON' JR ff{ Foreman Charles E. Earman, Jr. Commonwealth's Attorney �CO:M}10NWEALTH V. MATTHEWW. WILSON, JR. ( INSTRUc;,TION The Court case instructs and depending instructions rape or assault The Court evidence intended further conclusions her will, as charged further-believe that such offense of rape The Court the evidence may be found guilty the jury doubt that that with toward in this and the of either or notglilty. intercourse act the indictment under the accused instructs some overt rape under and battery to have sexual and against tempted that beyond a reasonable he committed force jury upon your of the Court, attempted the the ---- you believe Betty then you should Jr., Ann Hoover and that out that in the indictment, from Matthew W. Wilson, carrying he voluntarily if find purpose, him guilty by of at- even though you may abandoned his purpose before was completed. further instructs the jury that such an.overt act must amount to more than mere preparation; it must be an act of such nature to commit the offense , question as to demonstrate and directed not be the last the evidence took hold further his to have sexual toward instructs intercourse directed toward having with amounted jury doubt that that parts her, you believe - to and against act then charged it need from by force, remove some of her clo~h- of her body with to an overt rapeJas if but in of the offense. th~ accused, by force such intercourse, of attempted purpose the consummation the hand on intimate such conduct guilty act that Ann Hoover and attempted and that accused accomplishing beyond a reasonable of Betty ing or placed towards proximate The Court an intention on his part you should in the the intent her will, and was find indictment. the �...J: I j J - ,11 j u(:t "I t If !I.tI ., .... :;,i.., \, to u ~ • .i...., . 'IO .n. ..) 0 C> ec . j : )- '(;:t :t !1!1 ~.,:r, ,t:( • ()J.., J-:t i. 1 JJt.II 8 VS '( -'- j• -.,VO ~C { L J ~ --. Uc,! r1 J • w .. '.11 .. ." ' ~ (., 11 LJJ r .I.. (, r 't'I' . J l .. ,. l, .I •lJ ! t ~ ~ Ol I J' 81 :J "l.t.iq 1 I'. _ ..- ~,. ~ r :t ... j ---· J ( tT \~Cc.' 1-· .., eifl Jj ( J --'l ' rf o: n HO"(;O r I:) m.: f!O n .t ~ ' . Ju.l: t . _.,. . c,• v I ,., '~ .:_j 1 L oj C-' ' - .t I L t,; ( ::, l' ;J fl. ... rt ' r J. , () 8I r • ·J.o • J J .., l OJ ;l r l.i'- ~ O r r... •. ... .c,· t.: .. 'l .:_ ..., ,.J,. .,L I .6 C I'fU ( l rl .ue r y o.t ED :..,• J: J i: l. ,_ L .a. ~ - -.. e :ro 1 rt ' j ",;( J uJJC C rl:t C ';, ;J ,. r :i "t ~--r.l _t.- t :t""'.a,., ' (,., 0 "".1...., il..;, L, __• " , t •• L t .... .c i , C "... 0( yj .,_,· f Lt,tJ .c ':. .J ,- ') JrJ. i ',J 11.1- ! (J"j • e:t ·1.0 < .V 00(!..},, J < • i .I ' \u l .. ... (J . ..... !'~ r 4....,,L,t.{ rJ .t IJOO all , .1..£1·r ·,.eel tau: c-1~ J LL ~ J t SJ :t ..,(:t ... (. r olJ J.~ ::.i~ t! J .... j ~ui·, t J norJ 110\, .i:wr r J-•' ...fLt. !s:;uxon o· 8'!1100'1 0~ I "1 LC ·r ! n.s s j -~ ... nY . . ' • t '10 •(.,_ 0 ~ vf t ~, .., '~ ;.;L r- - ., c;. 'fiiO.J - :t ,j .i. 06 ., £ e 'l u.cnoe.so·1 _., ~l r t .i:11 ·sn "1 t., il/3 JJO "V;J... t '.1.( t rl.t j"Df .1. ....:h 'fl .t J i!L ')~'-.i J. et.., r{,t eu ono:> ·n 'Y. r:. qu drd: ··n \c t "'CI 'f'I ' ' £ll J c..ir 4 •...,.,.tr l lr C, 'J t u -~ ',Jf,1 J., ~!. "! I ~ J '.( C .. _ . oj . j , ( �The Court the evidence Wilson, Jr., or handling part Betty further instructs beyond a reasonable committed of Betty an assault Ann Hoover, did not amount to an attempt Ann Hoover, battery as charged the person and no other fully defense. done, then you should the jury doubt that is has the right as by consent if but that such act a battery, to touch every it, except, or in the exercise touching on his with of assault The slightest for or acts relations him guilty onevs person of the right said and touching of course, from Matthew Wo by an unlawful to have sexual find you believe the accused, and battery in the indictment. of another that is of sacred when lawof self �t . .t at . .i: r1 r 0 ' I ~- .. ' o.i: e .hi .i:I 0 ....... .... e '...o :tr' ot :t t ( e1 , C . t.n: .., :t c J-j I! ox t r Q t:t: t r ti :J .t nl el ( ' ll t v r rl:to 1 e rl . [• ,: .i: .t 0 . 1m .. ·:t J r :to.i: ~ -y;:t:t ff lo n ~ o· tt.i: f1 ( , 0 ,--,C ... u V •'i ' 10 Ii..>ue J- 0 t orl 0 00 . �INSTRUCTION NO. ·rhe Court is presemed until his guilt is doubt, presumption son, Jr. the jury to be innocent reasonable this instructs of the crimes established of innocence Matthew further trial, rilson, beyond instructs goes with the entire r. char_ged ag inst by the evidence and the Court throughout that Jr. him every the jury the said Matthew and applies that r. 'IJl!il- to every stage to convict the thereof. The Court said Matthe, any reasonable his conviction; ences jury therefrom l. further !ilson, doubt, instructs Jr. the jury the jury must be satisfied, as to the proof and where the evidence leave as to the proof any reasonable of such fact, that of every fact beyond essential and the reasonable doubt infer- upon the minds o they must find for to the the accused ��COMMONWEALTH V. MATTHEW W. WILSON, JR. INSTRUCTION In considering burden whether of proving the Court or not the guilt instructs of the accused the jury that "reasonable" nor its meaning. is founded on reason, and is possible guilty doubt, for the jury not of this its case, including evidence to create the from lack questionable material evidence, vent fact If, sideration viction all jury essential after should bear of the charge, cannot presented at in- go beyond such concerning a reasonable in mind that fact, to on the other of 'all of the consideration a convinced belief after doubt. in the of the charge, of all of doubt to meet its case, you are of the as to preof the ac- burdeno and reasonable con- you have an abiding then and circumstances. of the guilt an impartial of a of the accused and honest in such a state or from be a doubt and nonessential the evidence truth should immaterial left hand, any such doubt testimony, of the guilt the Commonwealth has failed reasonable doubt. and reasonable from conflicting to the proof your minds are then or a man must be proved to the evidence of any particular you from reaching cused, imaginable nor can you go beyond such evidence of evidence, proof not a mere doubt If, with of the proof The jury the word is a doubt which or possible the natural doubt, of guilt. Furthermore, arising doubt, overlook doubt conceivable, consideration to be drawn therefrom. inferences not to be confused upon the sufficiency ferences find you should A reasonable imaginable, must limit the trial beyond reasonable the law does not say that beyond every In passing the Commonwealth has met its satisfied con- beyond �.., I U TeID: .t' o .... noe .. )0 lJ • U't bflD'l--d V .tu +e,n 1o 9rl 981100.S e 1I lvo'lq rl ..... fl u s :t ~ 8 e ., 9 <.., 0 e t ,t nvl :.i: , t .i: t r.wl .o r. ( ot lv or o o.ue .,. t .., ! nov;od 0 l, .toni rl:t ··I. ;.. en 0 '!1 fJO t t 1o • .t u .ue v; UC ...."I t. 8 :> _, 10 0 98 .J :t <1 ~!) r j . 1J( "l .1 •j ..J '1 1 .... 1 890!1 "l J. ~ 8 rt 'I rt 0 .L ,.• J ) - 00 . nc '0' n ' Ji (;; ... r :t 8 0 11 t ! :.. £10 :i .L r e.:..1.e.U a ' '! S) J.) 0 L nl .hi: ...~ a9 i: - 1 .1.1 ) JJ 13 l .L 0 ..1.0 t ~ ~ l. ' 1 :t V t I J. 0 1 j- r JJ �COMMONWEALTH v. MATTHEW W. WILSON, JR. {- INSTRUCT ION The Court evidence is just direct evidence, proven are of the jury further instructs the jury as legal and may be just provided that of such character of the defendant's the attending that circumstantial as effective as circumstances and force as to satisfy the minds guilt beyond reasonable doubt. �• r ' <.., ' I!• nl rw 1.:. JJO rr a e· . ato "l:ten.t & c_ 8 .f: 10 t :,) 1 ed :t 1:: n t o· ..t ,u :J rl::>JJ8 a':tf! i.:v 0 dt 1o 0 vurJ. rut Drl V �co:.MMONWEALTH v. MATTHEWW. WILSON, JR. INSTRUCTION The Court is a question right their sistency their other of their which witnesses weight the of testifying, intelligence to the in the result that the jury; credibility of witnesses and the jury appearance testimony, of the witness surrounding jury for from the manner apparent witness the exclusively to determine stand, ship instructs have the of the witnesses on the the reasonableness their or lack apparent candor and conand fairness, of intelligence, parties, if any, of the trial, if any appear, the relation- the interest of the and from all circumstances appearing on the trial, determine are more worthy of credit and what is the relative of any such testimony, and to give credit accordingly. �' t �COMMONWEALTH v. MATTHEW W. WILSON, JR. INST UCTION ---- The Court doubt that instructs as to the grade is, whether guilty of assault lesser offense. --J-;-Jb / / the jury that of the offense the accused and battery, is guilty if they have any reasonable of which the accused of an attempt they must find is guilty, to rape him guilty or of the �rl e_· 1· :t :t 0 e :t rl 'IJJt ejr.u :ten :t'l :t e :t el e 0 :t 0 ie 0 t . t ~ . , ff 'l e I ���COMMONWEALTH v. MATTHEW W. WILSON, JRo CHARGETO JURY If you find of attempted rape, so and fix his confinement less than the accused, as charged punishment three him guilty his exceeding at death or in your for life Jr., guilty you will discretion or for say by any term not years. of assault punishment twelve dred Dollars, W. Wilson, in the indictment, in the penitentiary If you do not fix ~atthew find him guilty and battery, by confinement months, or by both If you find of attempted then you will in jail or by a fine such fine him not guilty, rape, not for but find say so and a period exceeding not Five Hun- and imprisonment. you will say so and no more. �.., L t • t l. 8 J C "lUO 8 rd: ,: l 0 e.i .i: 0 n1 Cl r fl lJ t o:t :t:t 0 :.) J <=>c, .I.JU ... .I " V 0 en vV.., n.i:1 J ;,. r .., �~ 1 ~ ,- ~->t~K fl!~ ~ el ru °"-:I 1..5'.>."' W/4~ · ,~~....,,. AA tn ~ vr.,~~! d'L ~... <:YA_"&,/ fld ,. ~, -~ ( d -;--~ f---' ), I ./4~ ..-ut....~-~~ rt vtWr:7 .' ,,d_ /,, ,rs ~ --y· tJ if()-1t. ~ J ·a_--/~~ -~.,..,, '-{ ~-- .,..~ •• I k a,-J lJ" ./. ~ Jt..t..~ ~- 'I-""'/~ ~k/4J~, w /-r..••1 .. I ~ ~ 71 �--- ut -cto t .,1:, l ,e,td ,,, f. • t f I -1' �/ ~ 1/ H f<A..,,,' ~ ~/ ~7 ~ /? ~ A ~ ~~<¾. 1- /'a.,J J,,-,/ ,-2/4 f .A.,1,/' A.,, /4 d. m.~kl· M ~ ,-~~'"' ~/4J ~ .~ .-k£. C,.. ~ I cJ- 5• c (YU ti,t(.-1W-{~ t X, ·k ,k-/4,t /1-41. ~c 7 / f:, 'j-, I ~• ~ ~- ~L . ,~-- �t I• r I t �Comp. Form 18-A STATE OF VIRGINIA COUNTY OF ____________ _ I To-Wit: No, ______ _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and infonnation on oath before me, (Name) 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 to be further dealt with according to law. (t:io<il~ } of the above accused, to answer the said complaint and And you arc also directed to summon ------------------- color Address □ ------------------ color Address □ ------------------ color Address □ ------------------ color Address □ ------------------ color Address □ as witnesses. 19__ (Seal) �STATE OF VIRGINIA-COUNTY Q....__ _________________ !, ____________________ a _, to-wit: Trial J uaticc Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that ---------------------------------------------------------- as hi• sure ____ and -------------------------. to the Commonwealth haYe this day each acknowledaed themselves indebted Dollars of Virainia 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 ---------------------- _, County, on the ________ shall appear before the to . Circui_t Court Trial Justice day o.._ _____________ , 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 chaT11:eis 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 for a period o,._________ the said-------------------from the date hereof. Given Ufitfi!ir ·filY. hand,. this,,_______ day of _____________ _ 19__ days _ ..AP,• KANCE Sn.\ll BE DEEMED TO CONSTITUTE • WAIVfR , " " OF 1 , ·.L r" --------------- T. J., J. P. ... (i 0 ~~ ..., a· ,. ="' ~ ~ \ ~ -(,It w ~ >< n "' C: C ~c C:,.'O ~\ c:,. ;. ,. ".... >< ::;- ;. o· ::, ... . n Cl "'.... ::,, ::, c:,. ::i ::, >-l ~ ~ "' --l 0 3 3 E. 0 ::, n 0 r, ~ "' "' ~ ;. > 0., ::, 3 3 0 ::, 5' en "' ._ t "Ii "' a· > "" ., ~ ;; c:,. ~ to ;JQ 5' "· en "' en r, ::, () " ::, (') ;;., :,;- a:: ;;., oq "' ~ ., ,. ~ to t >-J ., E ~ ::, c:,. .," ::, 'O > t"' tT1 Vl >-l >-l ::i: 0 :.:i C) c.,. '1 • ., c:,. '< c:,. ., < < ::;· ::;· 0 ~::, -::, .;· -::, ro ~ er '< 0 ..., 15. .;· ., "~'< .,., ~ tel .. ::, "' ., "' "§' ~ 0 z 0 ~ C: .,., ., Ol s:: 0 z 0 - r i( > I-' ;. ,. ~ :;:, :;:, 0 'Tl ' ,. J..!. :,- C: • - ;. a· .. ., _,. Vl 0 , ~- ~ ... .. 0 ,.s- ~ l:rJ >-l (') z>-l ;,,J 0 (') > c+ ~ b .. ~... b~ ::, 0 :;:, :;:, ,-., "' t:j < > .;;· §. ~ (i 0 <! en ;:; 0 ::, f~ -~ tT1 n n ";. c:,. (1) n, --l £'. ., 0 E:n "--I::;· '< (') 0 >-l a:: C/.l C: ~ 0 ::, C'/l >-l :,- r, g ;:;: ;:;· " ;. ~- ::, oq ~- 5' .. " (1) "' (') 0 C "' ~ ;::. r,., .... "., 0 '° j (') n " 0 Oq C 0 ::, ~ 0. ::s ;:;· ,., �In the Name of the Commonwealth of Virginia: To the Sheriff ~•~.~,.~,~.c=~~,d.to.•~~~•······~~ of Rockingham County, ••••~'.~ Greeting: ••••••••••••••••• to a1.,pearbefore the Judge of the Circuit Court of Rockingham County, at the Court House thereof, /H,,( 9"..... day of. ............. ~························l'X7..vto 1,~&>, a Hr-o clock, a. m., on the ... say in behalf of the Defendant / testify and the truth to in the prosecution of the Commonwealth against....................................... . :::::::::::::::::::~~:.::~::::2r.~~:::::::::::::::::::::::::: who stands charged with and indicted for a felony misdemeanor. And this you shall not omit under penalty of £100. And have then and there this Writ. = Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ~ ............. d,y of ~········· 19~, ,n,J ffl th, j~~~~ Cl,,k �~ .• ~ ~\ ~ STRAWDERMAN SllERIFF ROCKINGHAM COUNTY ,gt ............ 0\~~ il THE COUNTY01' ROCKINGHAM BY DELIVERING A TRUE !XECUTEDo/7/5'~IN 1-i/,~ c.o 0) ► ::!:! 01 /': c:::::i ~/ 00 -r"'1 -"'IJ 2(J') Qo-~ :z: 'Tl om):::t :z: :s: C") 2= -< ;;,,_ 'Tl f:;'- c.r, ~ - ( ~ �.0 0 T 1 2 .5 0 1 2 .5 0 IOAB 2 .00 2 .0 0 9 8 .7 0 3 .0 0 141.18T ��In the Name of the Commonwealth of Virginia: To the, Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............. .SHERIFF ...M......L...... HO.OVER ................................................................................................................................. . ............ BETT.Y ...ANN ..JIOOY.ER ................................................................................ . to appear before the Judge o'clock, a. m., on the Commonwealth of the Circuit .16thday of Court of Rockingham April before the Grand Jury, against Witness, CHARLES E. EARMAN, at the Court House thereof, at 9 :30 ..., 19. 5 6, to testify and the truth to say in behalf of the . .MATREW. W.. WILSON, .. JR who stands charge.d with .md-inmeted- -ft'11"a felony And this you shall not omit under penalty. County, 0 . .. ........................................... . mi-5tiet1tet1t1t;1.·. And have then and there this Writ. JR., Commonwealth's Attorney for Rockingham Commonwealth's County and the City of Attorney �~ °n . I, ~ ~ . * "' . ROCKINGHAM COUNTY: __ -SH ERlfF-· •• az~~<d A. L.STRAWDERMAN f~;f? IN PERSO 3::IN THE COUNTY 01' ROCKINGHAM BY DELIVERING A TRUE COPY OF THE WITHIN~ TO 4-:ta-n l¾"O <~;I ali:CUTED 'r~11~ ROCKINGHAM COUNTY. ROCKINGHAM BY DELIVERING~A . DUE ~XEcu1,n~~1/-J;N THE COUNTYor -?:/' C~ ~ V,, ~~ -~~ ·oc.,,~ ~ ~<"j ~~ f;>~ ~~ ~ ~(j., 6Jj_; �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon County, Greeting: .............................................................................................................................. . ...... ...SHERIFF ..K ... L .....HOOVER...................... . ~ ......V.IOLA...HOOVER............................ ..V.BETTY ...ANN..HOOV.ER ................................. . ..... v.. ..OFFIC.ER...GIFFORD...JOSEPH.................... . ....RALPH ..P •.. SHIFFLErT, to appear before the Judge o'clock, a. 111., Commonwealth . Echo .. Restaurant.. of the Circuit Court of Rockingham on the ...9th ..day of ......May .. County, at the Court House ther·eof, at 9 :30 ..., 19. 5.6, to testify and the truth to say in behalf of the ~@far~-t-l'ls--Gi·a.R<l-fu-r,r,-againsL..MATTHE1 .. W.... .ll who stands charged with and indicted for a felony S.ON., .. 1fli-see-t~R8'. And this you shall not omit under penal,ty. And have then and there this Writ. Witness, CHARLES Harr-isonburg, Virginia, of the Commonwealth. E. EARMAN, JR., Commonwealth's at the Court House, the 24t.h ..of u Attorney . April ./7 l/1 . for Rockingham . . , 19~6, ~ c County and the City of a1 _,_ . .. ....• ... . .~~/; Co111111onwealth's Attorney in the18Ot •. .-----~ �~... at his usual rr--.----. ••:::•••-:?...~.=-.S::. ···-·········hy plac1::ot a delivering a true copy WOIWtffl((i~tM:1~~ ·--=x••····•to..~.. __ -·· ,.,.__.-- ~rso-:i, at saicr:U~ . t.. .. -·- . usual pbce of abode .................... ~/.. ../~~ a member of his family above th:! age of 6 Y-ar::;, and cx;,L;niug the purport thereof to her. ·········q_> .....'/:.. ./i~ ..... /?.-~-·-···. ~:.at ~ot finding •• place of abode, Executed .......y..::: ...· ____ fL._::.&: >-I- .ii! :::) 0 (.) :i2 (.) 0 cc • true copy of this.~~ ..to.:. _k_-<½<_~ ___________ ffi PO<SOll, 8! S ; usual place of abode ..~~······· ... his family ve the age of 16 years, a to her. ·····•£ ..... d his ~ual ...___·~·~-·bydelivering a 4/3 _,,,,,.,,,,,.., i.----L-n ... _,;... .. .. eing a member of urport thereof �EXECUTED -'f.._-;.,s,--.>'fN THE COUNTY0~ BOCKINGHAM BY DELIVERING A TRUE COPY A.L.STRAWDERMAN SHERIFF. ROCKINGHAM COUNTY. �f1J6 --tJf, ~ /11,( , I" .- ... �C. A. S. No. 4 OFFICE OF THE CLERK OF THE COURT ROCKINGHAM COUNTY HARRISONBURG, ;:;e:::!::ount o ... ~-£-< .. 4 ./,_ .... t .. ~ ... 1 / / 12553 VA.,................................................................ , 19........ ..................................... .- ........ '/ ............................................. . ,----u1 ,/ // D o11ars ···························;······························································································································· _;'I lN SETTLEMENT OF THE FOLLOWING I ACCOUNT AMOUNT - Clerk Deputy Clerk .. Hn w-.a N., RICN-• ,.a. �1,.T < I • ,l -I l • J. �.r FORM TJ a-so SETS OFFICE THE TRIAL OF JUSTICE _/~~~~~~~- VIRGINIA T•r}-~ I Hand you Herewith follows: my Check No ___ Gf;l). J (.,, /7.n:,19 __ ~ . ~n settlement of my account as DESCRIPTIONS DATE ~~~'~l~, AMOUNT Jf--1b-s ~ :2. L,--1, 'x L-A ~~ fi~bO l>C> ��_,,_~_,_..._.........,........,,....,.._,......_~~w SEARCH ....._.,.,....,r WARRANT l State of Virginia, . to-wit: ~ of ___~:=-:.:.~-~::~1:::~-------------------' Roe king:-iam 0 'f o the Sheriff or any Police Officer of t:b.JmK! County: WHEREAS, ------~-:~~--_!.!~-~~-: _______________________________________ has this day made oath before me that he verily . . 1949 Black Ford Sedan be 11eves that a certam ---------------------------------iro ckTogham -------------------------------------------located in ___ ~~~!______________________________ District of ~ County at or near -------~=~~?-~~:~_!'::.:! ___ Y..~!.:?_~~~------------ ~.?..~2--~~::_~-~--!2~? __ --------------------------, and described further as _§:.__ !~~--~-~~~!:! ___ ~_~_5!-~~~~--------· Registration JK-31-36 . by or m . possession . oL __________________________________________________________________ Matthew William 1,,rilson, Jr. . and occupied unlawfully contains, contrary buttons and blood stained clothing to law, -------------------------------------·---------------------------------------------------------------------------- -----------------------------------------------------------------------------------------------------------------------------------------and that such information was received through a reliable person, or that he has reasonable cause for such belief. THESEARE, THEREFORE, In the name of the Commonwealth, to command you forthwith in the day or night to enter the said premises above described and there diligently search for the said. buttons_ and_ blood ______________ _ ----~-~-~::~~--~.!:?..~~!::1--~---------------------------------------------------and if the same, or any part thereof, be found upon such 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 dealt with according to law. And this you shall in no wise omit. Given under my hand and seal, this _______ ~~~h _________ d _i---~•-c~-"'~------------, ---------------- _________ ___----~------------------, -~TICE OF THE PEACE 19 ___52_ ___ 'fr~ [SEAL] �; 2 ;:; > C/l '\Jl. I \Jl. I I I I ..... ~ .... c:n r:r .... 0 I I I I 't:, (0 ~ <D C c:n .... c:n ~ i I I I I I I I I I I I I I I I I I I I I I :°' I :I Ii !g' I() :ro : (D :s :b I I : j Ii • c:... g ... C/l I--' I-'• ~ ;::l OJ I-'· I--' I--' I-'· :;,; ~ (D s: c+ ::s: OJ Sheriff--'fq,lice ·.·.·7.1~~~ and arrestinq ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ,=····· ······-c.. The within warrant ex on the ............~ ..M ....... day of. des~~is!s and seizi !J n~ <l/ ~ -- \ ....... ·.·.·::~···:. > 2! ::i:, C) < "!'.I 0 ::c ~ > t""' t"r1 =E 0 ~ ~ 0 2! Rn Tuspt.r. zt--3 ~ ::i,. ~ ::r: 0 :;:ti ::i,. Ul trl ~ <: n �APA-104 JP~OM-12-54 FFICIAL RECEIPT l.1 ?--1 FOR . CASH DEPOSIT ,...,._,,,,__ IN LIEU OF RECOGNIZANCE URETY J 41242 VIRm~? BEFORE ,,~ ONT MADE AGAINST -~----19 ' COUNTY HIM- aj- /t)C//) oo r ) $►, ��Comp. Form 18-A STATE OF VIRGINIA COUNTY OF Rockingham TO ANY SHERIFF No _____ To-Wit: _ OR POLICE OFFICER: Whereas, ---=D::...:e:c..Jpl:'...u~t::,_y.;.,_..!::!S'--'-h"-'e"""r,__,1,,,,.,· f""'f.,__....,M ........... L.._. •._...H.....,o""-o,.,_v..,,___,_,e""'r _________________ _ has this day made complaint and information on oath before me, -=D=-o-=-=n=a=--==l=-=d=----=S=----=-•--'=E::...:v'-"a~n=s=---------<Name> -=J-=usc==-.t=---1=· =c_e.,,'--"o.._.f,,__.,,,.t...,h=e'--"'P'-'e...,a.....,.,.c..,,.e'------of the _said County, that ______________ _ (Title) ____________ M_a_t_h_e_i._i_W_._W_i_· l_s_o_n_,,'---J_r_. __________ did on th.~_2_n_d __ did make an years,to-wit: attempt peace assaUlt the to and day of~_D_e_c_e_m_b_e_r ______ ravish dignity on Betty 17 age of and carnally of the _,·n , 19--22._: Unlawfully and Ann Hoover, years and know Commonwealth a female her the against of over said her felonlhously the by age of 16 Ann Hoover,did Betty will the said County force against the Virginia. These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said County, the body (~ 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 ___ ________________ color ____ ---------------- color ___ as witnesses. Given under my hand and seal, this 4th · _ Address --------------□ Address --------------□ _ Address --------------□ er Decemb~r lrvic~ (Title Justice ~jV~✓ of Issuing of Officer) the Peace . (Seal) �-----·~---,. STATE OF VIRGINIA-COUNTY ....----- ... ----·---··-----··-·-....- --...... -............ Q..,_ _________________ l. ------------------- _, to-wit: Trial Juaticc Justice of the Peace a - -· ......... -...,,.-. in and for the County aforesaid, State of Virginia, do certify that ---------------------------------------------------------haYe this day each acknowled&'ed themselves indebted as hi• sure~----. and----------------~--------. to the Commonwealth of Virainia in the sum of __________________________________ _ Dollars ), to be made and levied of their respective goods and chattel,, lands, and tenements to the use of the Commonwealth ________ be rendered, yet upon this condition: That the said __________________ of ---------------------- _, shall appear before the County, on the ________ to . Circui_t Court Trial Justice day o._______________ , 12__.., 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. sha11 keep the peace and be of good behavior for a period o Given under my hand, this ,. 19__ day of t. ,, days , .JA1, ...~ Lt , I T. J., J.P. 1:11 >< (") 0 >-l 0 •... "' (') 'rJ ~ ~ s· n "' "' a. :r ;;;· ... ;. E. !" .. .., n >< ;. §. 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"I (') "' (") J g 0 C ::, 0 oq =· ,,, N 0. �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 ~,4 th(~ (~ to appear before the Trial Justice Court of said County, sitting ___ _,/'--'j=--:ay ()f ~ , 1~ .., of Virginia to summo,~--------- ~ at Harrison.burg, , at the hour of :J.. {P;~ Virginia, c m said County, of that day to give evidence in behalf of_\1.:..,_::>.1.-.,..,."'-'-'-JL--=-------------------------------- v. Gi~en under my hand this / ~ Subs. Clerk 7-52-SM-Garrison on �'.le ~~~u<' 0 ~?,v EXIi:CUTEnu--r•LqN () I I ~: • (! •-•. t' • f: _· ~:• ~) .' if '. .... - ... ;, 1 ;,r- { J I ':i- ~I<> __. i p - c-. ~' ~ THE COUNTYOl' ;:1 > ~ ...... (fJ ; ROCKINGHAM BY DELIVER~ j Zci ~ .Id 1J - ! ~V 0 ft COPY OF THE WITHIN .,/ t:... g ~ ,,, ,... J)~~ \.>"-Q ... ·/, ~ ~~~ ~.;-·i:: E-u i~ rncUTED £-1/,Y ►IN THE COUNTY!o:r ROCKINGHAM BY DELIVERING A TRUE COPY OF THE'WITHIN A.L.STRAWDERMAN SHERIFF ROCKINGHAMCOUNTY. . �TRIAL JUSTICE COURT Criminal Docket N<?20041 Com'th V. °'-'vJ• Appearance Date Trial Date I 'j - I /" / .J - J ...(, 3- .J- {, A ��~/J 3 . Docket No. COMMONWEAL TH of VIRGINIA ) vs. ) ) Felony (attempted rape) MATHEW W. WILSON, JR. Lawrence H. --------------P· Own 1956 April (x ) 16. Hoover d Appointed Return ( . ) of Grand Jury. 9/rto plea CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �,. ex,.___ 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 Matthew W Wilson Jr Subject The topic of the resource 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 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_010 Wilson https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_001_commonwealth-v-maynard-spencer-crawford.pdf b67e11dc95a73d6953aabde5abb85080 PDF Text Text 'STAT'., 0 vIRGJEI(, COu1'T'.::1Y OP R OC.[IImE:~. , to-Hit: Il, r_::i--r; C IHC"C"IT C0UnT 0:::7SAJD CUUNTY: T11e pr and for t:ie the Circuit upon peace and the 1 about kill of Com t of their on or die oody jurors of County of -"Ockinr,hru;1 sa:ld oaths do pres the ~lth day and nurder one dir;ni ty o~ the This indictment the 0ta te County, nt o at its of Vir Court and (Jack) sent Septembei..,, .urust 1900, .1'homas Clarence Cor.nom:eal is the and Ter-·,1, 1950, t)1.at I AY1JA_rn S?EHC:=~1 CHA'.;--;iorn, found rrand jury in said County, {eed.y ar:;ajnst the the o· th. uuon h.eedy- and B. L. hiser, before in and noH attendinrr ,q,.,,,,0 7rlv1?r?"'Iµ Cl..,rence in.L '3., 11 to tostir. 1 ony 7?~Z>c Ylitnessos S\"lorn in ,::,;ivo evidence. �/ -----\ / I c o:rn:1 on:rnALTH V • 'r Term, 1 ETDIC 1111:i.~N'l Heedy 1rRtO'f.:>e- (Jack) Poreman 1950 MAYNARD SPENCER CPN:;'FORD August bill: FELillIT A true .. l'l'l'!ESSES: Clarence ~E B. L . .r(isor T ffV'l'?Mfll\/ Georr.e D. Conrad Commonvrealth 1 s !\.ttorney �!Ji7 • {<& ck cf 1/rd If- )?;°?n.ud l9u·o ~eu ! ~ r ~~~ /%~ ~ . C£t1~ {?eazst ~~ ~ , ~df J_e~d (11AU-1 ~s~>n~ -zAe-.~7~ev ?fi.d1!RdUe4~~=. �\ ' w I ' �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA COMMOIDVEAL TH ) ) CHARGETO JURY v. ) ) MAYNARD SPENCERCRAWFORD ) If you f nd the murder, as charged mitted in the ·with malice penitentiary his for it the at confinement than twenty without less in the second malice for in the twenty in the years. indictment, aforethought, degree, in the penitentiary deliberate in the first than as charged of murder was com- was v1illful, and premeditated, but that then you will and fix not less his than f:lnd punishment five nor more years. him not in the second guilty on reasonable for he killed or implied, or in mutual manslaughter ment in the penitentiary in the first but that actual provocation, of voluntary of murder degree, malj_ce aforethoue;ht, guilty with guilty or by confinement of murder, deliberate If you find of murder death, the of murder any term not same was committed of murder it him guilty at or for him guilty was not willful, him guilty find Crav1f ord, and that and that punishment life, If you find and that indictment, you will and fix Maynard Spencer aforethought, and premeditated, degree accused, combat, and fix not less his than degree, nor Thomas Reedy 1,,1.ponsudden heat, you v1ill find punishment him at confine- one nor more than five years. If you find of murder find fix in the him guilty his than him not guilty of murder second nor of voluntary degree, of involuntary punishment fine of not jail not exceeding exceeding If you find manslaughter, at confinement one nor more than five in the years, one thousand one year, in the first or, him not guilty, you will manslaughter, you will penitentiary but for not less by a or by confinement such fine nor say so and in your discretion, dollars, or by both degree, in and imprisonment. say so and no more. ��IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA: COMM ONVVEALTH v. MAYNARD SPENCER CRAWFORD BILL OF PARTICULARS Comes now the Attorney October, 1950, and for :Maynard Spencer murder to prove residence of Thomas Clarence that on the of the said of 5 P.M. and 8 P.M., mortally the said the same hours at its Reedy, says the said the head, that Thomas Clarence Reedy died at such place in Rockingham him for at or near between the Reedy with County, shot and a shotgun, from which same date the the hours Crawford arms and chest, on the against Term, 1950, 1950, Maynard Spencer neck, against the Commonwealth expects Crawford Thomas Clarence face, returned August 9th day of September, wounded the said in and about Court Maynard Spencer day of of the charge upon an indictment of this d z:-- Commonwealth this the particulars Crawford by the Grand Jury :for the wounds and between Virginia. �i- _,_ V- -~-A~hi- -.,;:/~ ~~\erk OCT4 1950 Filed\n the C1erk'sOffice Rockingham County,Va. ~ _:~7~11 c;JA. __,£ ~ '-'Y'"v' {1/J~A~~ ~ ~~~· _. I I �and acknowledged themselves to be indebted to the Commonwealth of Virginia each in the sum of.................. ~.~2.. ....... V. .................................................................-::-: ........Dollars, to be levied o,f their respective goods and chattels, lands and tenements, for the use of the Commonwealth of Virginia rendered, and they each severnlly waived their homestead exemption to their recognizance; yet upon this condition : That if the //,~~c..r.~~--t-t"' . ...... ~ ................ shall personally appear before the of said County, on the .....J...~ .... day /J1· ................................. 1'.@'w tbeteo£, ~1~ ........................ da,y of ...................................................... , . J . ,t C of Rockingham County, at the Courthouse T na 1 ust1ce S ourt c;J....(JJ. or of ~.1/.U0. 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 ......~.~:~(¥.eof a certain ......~r#-:· the said.~···;· ....................... . ~..............stands ...... charged, and be bound under said recognizance until the charge is finally disposed of or until it is declare~ void by order of a competent court, then the above recognizance shall be null- and void; otherwise to remain in full force and effect. WHEREOF, 1 hereunto affix my signature this .......... /~ ..............., 1~JJ ... .............day 0£.................................... ��t~~ Docket No. _ -eL Fi,..,£ ( J COMMONWEALTH P,.:;T;t: ti(~ ~ I ~ of VIRGINIA ) vs. ) Felony ) (murder) #1 MAYNARD SPENCERCRAWFORD Henry C. Clark ( X) Own • v9",?r- fl' l,,:to...,_, Appointed ( p. d. ) CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. I . ...1 , ~ r~,,,-~ ��I!IS'J.1RUCT::i:01J NO • If the shot the <Ylfnjer iti should deceased c/e-,t ,H, "/ danger, ~ facts jury under Cr of believe a reasonable ;;r~1tl he wa.g in a.,... that from the evidence that the accused /Je w~..t ,,,., //77,,, ,n ~ ,,+ that h 1 a own life was belief .i,,tl',/y lt~r-, er./- -h,e ef S8:::>ion"' dan,:::er ht!Tnol,- 79odily 'l tYeqt!! 111 ✓~/ ~e ha.pp;i, es too appear~"".f to hi~ at the time,~ J?nt/ 'fl.tt./ J'14cJ., 11/,0,.,t,,,/ W,tJr"t:R,J-,,,atlr Ad~J./-r/ +ii thj,.,,/ h,,-J'~I/- .jro,.,~ "'-~/'•",,,./Was excusable in so doing, thoufP sucn dancer was unreal. The . and circumstances question for the life of the the the accused, in this deceased case is not whether nig.11.t have been safely in the circu.~stances he was placed, that jury reasonably as reasonably of a:itation appeared he was in such circur.1stances), and did believe death serious of the bodily ;ej-9- it necessary assailant, harn. Mli ~-h as he did, to save his takin~ avoided, of but whether and peril in which the believe mig..½.t reasonaoly to shoot in order to hL~ (if the jury have believed resul tin.:::; in the ovm life or avoid ��f;l . I • - ~.J1:.h.U1.1~'LU~, The court bt1rden is uefense 1 instructs on the the defendant the the prisoner jury that to prove Jo~.onwealth, if gui:ty every beyond it in t'Le case that mi »s~ m»ze~t:J;l:6-"=tz,t'.LPtl relieves _v. reasonable reasonable hypothesis, does not so prove the prisoner i::;uilty must find exclusion the defend.ant yet of every this do~bt, reasonable not ;uilty. 8.I ~ - s;./7 f ~ JI/v, I J- /4 tJ- I in self- from provin~ and to the and. if the beyond every the in no '.Vise a conviction, e.x:clu.sion of every doubt and to the he was acting &:i::$J ,~ seeks on trial Jo1,rrnonwealth rec3.sonable hypothesis, then you ��INSTRUCTIONNO. The court jury are witnesses the authorized if any, in the result if any has been shown; intelliJence, that, in determinine.; of different to consider to the parties, apparent jury to the testimony given the tells if witnesses of this case, their demeanor is proved; their as under witnesses seem to oe entitled to. jury evidence and unfriendly scanned with caution. of hostile their all The court interest, feeling, testifyin,'.J;; means of information; t to such witnesses case, of the te~per, while such cred that in this the relationship the sa~e and their the weie;ht or bias, their and to give the circumstances further witnesses instructs should such the be ��the court committed, and. it ~rud 6 e existin~ homic·Qe the there d.efend.E;nt, by such instructs appears betveen then offense that the to killing the the 11a thc..1t ,.rhere a homicide the but provocation law presumes it evid.ence p&rties, and not nurd.er, jury frori vas a fresh provocation the the s because of the that 6 iven that due to the devolves that the by the old grud~e; c.S time of the deceased to ,as caused. and to elevate Jo,i1111on:ealth to c::rud.ge. been an old 11as sue h ~i llin=> por, the old at ther3 . sho1vv ��INSTRUCTIONNO. --- The court confl instructs ct in the evidence tendins to establish Faynard Crawford, a p rt 1 entertain the duty of the evidence, theory that case is in favor in arrivin and conclusion if they doubt is find on any fact or innocence of which a reasonabe jury jury in this the guilt Commonwealth and a part should the is a or circu:r:1stance of the defendant, in favor of the there of the defendant, as to which 0 at the r verdict most favorable theory of the and the is true, to adopt then the to the accused. jury it is ��INSTRUCTICNNO. The court der_;ree the able douot, must have of the ev;.dence that been distinctly must have also kill the of which he deceased, occasion first be death. at the death, they ncited what t i.n1e of he wille ted, murder to And if ~odily ou_?'.l-1tnot the and 'oodily there killin,.. act on the killin 0 the intended injury, to find of the part :>ris oner to do; the probable doubt to kill would he t:1a t he would be a reasonable which first ::my reason- the and premeditated injury, in the oeyond and :)rerrredi ta ted and deliberated, or do him some serous degree. only or do him some serious would constitute and prerieditatcd and de l.ibera had willed, his to )rove, was not words, understood reflected deceased, that deliberate, in other have jury (~Ma~.}Otl,>\~ prisoner a wilful, must vrhether the must the .L)r soner; result f instructs the probably him ___;ullty of m·J.rder in the ��INSTTLJCTIOU The jury innocent until are and unless beyond every is not a mere form, reasonable is an essent in this this fendant the unless guilt, instructs they feel ~risoner thereof. N jury throu 0hout --- the defendant is established and that this tre jury compelled to find beyond this entire all reasonable presumption trial, jury of innocence at pleasure, but on the and to acquit case, and applies as charsed, The court of innocence stage by them of further :;oes vli th the to every in the de- convincing doubt. it jury to e;ive the defendant hi~ 0uilty, in this to be by the evidence and bindins of the presumption, and the evidence that land, of the is presumed presumption by the law of the the duty benefit as chareed, the guilt doubt, is the law of the land, his his of the and it full that to be disregarded al part case; case instructed, NO. ��Comp. Form 18 l STATE OF VIRGINIA COUNTY • ?,- ·/ ' ~-;-j> To-Wit: No. 6144 A OF_--'p+,HOtic~k~~±n~g~hTI_ru~m*-------f TO ANY SHERIFF Whereas, Justice OR POLICE OFFICER: B. L. Kiser, Gou.rt Deputy, Sheriff of the said County, that....--~M=aa,yn1-==ar=--...,dc=.._-=S ... Pc-=e~n=c~e=r __ _ (Title) __ __:C:...::r:.....=av=y-=fc....:o=r'-d=____________________________ 9th did on the kill of day 0 t,__-'S=---e=---p~t_;ce=m=b-'e:...Cr'--------, 19 50 : Unlawfully and mu.rder the in the said County Thomas Commonweal th Clarence Reedy against the and feldmiously peace and dipnity of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. 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 191th (Seal) �STATE OF VIRGINIA-COUNTY OF ----------------------~ to-wit: Trial Justice Justice of the Peace I. in and for the County aforesaid, State of Virginia, do certify that and ---------------------------, to the Commonwealth ($,________ as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of----------------------------------- ), to be made and levied of their respective goods a,nd chattels, la.nds, and tenements to the use of the Commonwealth to Circuit Court shall appear before the Trial Justice be rendered, yet upon this condition: That the sai~-------------------, of ----------------------- County, on the _________ 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 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. ;. r, ~ (i 0 .... "' "rj < ll>G ~- ~ "' ~ ~- ::s r, i:i. ... ::rr, ~ Ill !" "'"O (> 0 ~ r, c.... Ill p. ::s a >4 ~ §. O'Q ' ~ -· g g, ;. r, Ii 5· I-+) ; ;. .., IJQ -" .... ::t> - ~ >-3 0 g ::s ,. 8 80 >-3 0 .... e. ::s ~ ,. (i e. 0 .... ;. "' "' :> .... ... 0 ., ::s ,. '< CJ) s:: 8 80 ::, 5· IJQ ~ s,. ,."'"' § ,.s., "' > .... ,..... ._ ~ .., ,.,. P> ::s i::i. ::s ti) ::, P> ., 0.. P> n,. 0 0.. (i ;. ... ;,;- :> .., ~ ;. ... r, ... "' Ill ~ t:c ~ >-3 ... E ~ Ill ., ., ~ ... Ill 6"'- &\ > :;o ~ z l1j > t"' ~ >-3 :::e i:,. Ill s:: 0.. 0r, Ill ~ ~ '< IJQ IJQ "O r, F F e. '< ~ ~ g, ;:;· 5· 0 ;:;· Ill 5· "O "O r, .., Ill r::T r, 0 r, ..... ... .y; ;. r, I( "' ... ~ C, ~ C) 0 >-3 ::rr, ..... ~ ,. ..... °' .i=-.i=-II> '< g, >-3 ., (') en ~ en - c.-, 0 .;· y:: 0 C. ~ 0 p. ::, ·~~ "rj g, .., ::s 0 11 0. 0 ~ 0 a: z a: p 0 ::, (i :;i,:: t,,l (') :;o tI1 rn !. Ill (') ~ 0 ::r- 0 > z CD i:, ~ (> t1 ~ > :;o :;o .... (i .-,-· s::;:; "'s:: 0 ::s IJQ ~•::.· ,. !. ;. ... s,. "' ,. "' ~ (i 0 "' ~ ,. .... .,,. 0 ,...; ~ s:: ., " 0 0 £. 0 ~ 5· r (i 0 s:: ... :.< ::s - (> 0 IJQ e. ,. N 0.. �C C 1. . i .... 00 2 • L .. Cor Ce n L. 1 ol o. ol on Do • son" , �e �( v- 3L I 4 1/ ,ez;s;cpar =jrv '--r(.l ,, /. 71:I I I , r1 , ?t I.I - ,:;,1 I a V'I ' .... t ~ ,...; 1.ltl't d11 ~ .:2 , 'l ~ /) J/2- ,... , ~ , < t/ r' c, 7 <L /: " ::< ><-V t ·iP J.,tf'1_11. -2-i// r' ...,,l/4-7/1 J'tL /4, t-. ,. - v(:zI I ' L 2 I /'/ ~ ; ;st , ..,. ;1 .-. .......<.. �- ~~ .,,. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ................... ........................................................................................ :::::::::::::::::::::::::::::::::::::::::::::::::::i:::::c;.::::"'j(~:::: I who stands charged with and indicted for a felony 11,isdc,,ic,mB,. And this you shall not omit under penalty of £100. Witness, J. ROBERT SWIT~ d,y of ••••••~- •••• 19. And have then and there this Writ. Clerk of our said.j2:.!,: at the Court House, the tf~d m th,/1~,,;t:::;~ ;t::/!,J /.1,........... . ' Cleek �EXECUTEDu-a- {u IN THE COUNTYQi, ROCKINGHAM BY DELIVERING A TRUE COPY OF THEWITHIN ./4 ,U,-I--~ TO lb.($' «<fy;,14 /4f @d IN PERSON. uun Ci:.,2Pkk2 J4ffl.e If, .If 4 /fy.. /4 /4/¥,4v <tf7r45. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ..............Mc;1:r.g?,r.$.t ...Kyg~;r. ................................................. . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, ~ say in on the ).,$.t.tlay behalf of the Defendant of........0.9..°t9P.~r., .............19 50 to te;tify and the trnth to in the prosecution of the Commonwealth against....................................... . ........................................................ Maynar.d ...S.....C.r.awf.ord ............................................................. . 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 .....J.$!.t;;h. ....... day of ....0.C.t.obe.r,,........19 . .5.0.,and in the 1. the Comm . ... ...... ... alth .. . .......... . ......., Clerk �EXECUTED/()-If-~ ' THE COUNTYOr �In the Name of the Commonwealth of Virginia: To the· Sheriff of Rockingham You are hereby commanded to summon ............. Dr .•. Gilb.e.r.t..W. to 'JJJ:!:I._ t~tore Greeting: .......................... . the Judge of the Circuit Court of Rockingham County, at the Court House thereof, ~~' say in .... Ro.ls.t.on County, on the.J$.th/ay behalf of the Defendant of. . ....0.G.t.o..qe.:r.., .............. 19.. 5.Qt~ testify and the truth to in the prosecution of the Commonwealth against....................................... . ..................................................M.~.Y.~:r. g...S...•....Q.r?:\IV.r.9.:r.ci............................................................ . 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 .......J..$.t.P.: .... day of ······OG.t.o.b.e.r., .....19.5.0., and in the l?t.'1ar j:je Commo;~e~. 11 ··)l/7·~r.~, , -I--. Clerk �BXECUTED/f•Jf:.pgrN THE coUNirY o I ROCKINGHAM BY DELIVERING A,TRUE -COPY OF THE WITHIN ..J,~ -1&1 T0 Afht: .. IN PERSON. Lo ~k ~ cL4 6ttA:~ Ulm 4!t?Pk ~4+vc:, c6..£~4c41 •• J~{i-~ �In the Name of the Commonwealth of Virginia:· To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ...................... J ....... S.eldon ...Do.ve......and ....Mar..gar..et. ..... ......................................................................................................................................................... . . ' .......... l{:yger ............................. . ······························-·--·--·······--------------------······•·············-·-----·············-·············-·····-··························································································· to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at-it~5clock, p~.on the. ...16.thday oL ............ .Oc.t.ob.er............................................................. 19...5O., to testify and the truth to say in behalf of the Commonwealth against. ........................................................ . .............................................. MAYNARD....SPENCER....CRAWF.ORD ................................................................................ . who stands charged with and indicted for a felony Fl'\H,Q6meQ~. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,-:J,...R.~:f~I,:f~~u_p_.il-_-o£a~~a.i.'1C->w1:t, day of... ....O.c.t.ob.er ............... , 19..5.0 ..., and in the 17.:-:r..bet-.h-~ TPUt SERVIC£ Plk..ESS, HARlllSONBURG 0 VA. at the Court House, the ....12th- .. �COMMONWEALTH )°'· ' V. ) Witness Subpoem ..) l) :l MAYNARD SPENCER CRAWFORD To October 16, 1950 at 10:00 a.m. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are h~reby commanded to summon ........Clar.enc.e ..... (..Jack). ...R.ee.dy..,. ....Thurman. ........ . .............. Re.:x:r.o.de ..,.....c .•....Ke.nne.th ...Ray..,....Beul.ah. ..R.ay.,....Charles ...R.ay, ....and ........ . ............... Mr.s..•..... C.or.a..... (.Thoma.$..} ....Re..e..o:y ...................................................................................... . 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 thel.6.th ..day oL .......... Oc.t.ob.e.r..................................................... . ..19....50., to testify and the truth to say in behalf of the Commonwealth against ..................... . ..................... MAYNARD ....S.PE.N.C.E.R. ...C.RAWF.ORD .......................................................................................... . who stands charged with and indicted for a felony ~~Hfrltit. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, fi}R~HR:--r~~'fff~~Bt~~l.-~1'1-<E~u; day oL..O.c.t.ober TKR SERVICE PRESS, at the Court House, the ....10.th ... .................. , 19 ..50 .., and in the 17.4.th year of the Commonwealth. HARRUONBUa.G, VA.. �In person, copy of this -~--tor-.H«Md1k £.fJ~i',AoL.:C-..c:!::~:!41~-- true •n hAI". ~ #c {~ i /(.t• 8, Ii C,'1 <O • &this g. I,! ~ ~' 't: !&!:t!f+ lCzW ~ ::r:: ► ! 0 ~ .. lkefl. a U8Uei.l i::s Ill (l) 0 '"d (/.I · by delivering t:j ~~ @ t)l CJ.l (l) i::s ct I-'• :§: ~ ;::,. being a member of the pw_rport thereof ✓ ;3 0 • Ill 0 .. 0 I-' at eal<1/1 rtttf;ff d-d 1-"'d (/.l t:j ~ • ;- c::::: 0 0 ,, Vpl"~ <<W, 0 t:rj I-' 0 I-' • ~ ~ •• 0) 0 ~ §. (I) g. ct () 0 0 1-3 µ,,HM&a&. ,J,,,Wr~ '4,. .-11/tO / A:;,..◄<z( !-! ~lace of abode, Executed ,,(ot finding ,~.,_,,.~, to ~Ut,¢:f&ff.«.I ,\usual place of abode. ..r~•~~ : his family above the 8§4Y>f I~ years, and e~laininl ~ 0 r~ ~ .. -~h In person. 1 f v -o summon t f// ~ ,t the within .,(ecu.cee; / Q/ �• In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham • You are hereby commanded County, Greeting: to summon ....!.'." ... B .•....L ......Ki.s.er. .•... Dr .•... ]1.•....L •.... By.er..s., ........... . ............ !:-..A .•....L .•.... S.trawder.man •....and ...P.oliceman .... G.•.... w......Jo.seph ................................... . 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..1.6th.day oL ................... Oc.tober ....................................................... 19..50.., to testify and the truth to say in behalf of the Commonwealth against ......................................................... . .......................... MA.YNARD. ...S.PENCER ....CRAWF.QRD ......·························································································· who stands charged with and indicted for a felony"Pl'l'i!deffleane~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,".f .-RGB-EIFF-&~l=~ ~~&f~.,.~~ day of... ......Oc.t.ob.e.r. .............. , 195.0....., and in t TPIB SERVICE PkESS, HA.llllJSON8UJI.G• VA, at the Court House, the ..l.Oth ...... �• COMMONWEALTH V. ) Witness Subpoena MAYNARD SPENCER • CRAWFORD .To October 16, 1950 at 10:00 a.m. r ~ ! I I I l .. I I j ' 0 E-t H �Commonwealth of Virginia: To the Sheriff You are hereby commanded to s1tmmon.................. . of Rockingham .D County, Greeting: 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 .......2.B.tb. .....day of ......... '.l;l.P.:t.ornb. r......................................... 195.0 ...., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY .................... .. ~ .. .......................................... ~J.:rw .. t. ........ r9., .. ~ .9'...?.P.e.n.c.e.r. ...Cr.aw.f.or................................... .. who stands charged with a felony -mis-demetme,; And this you shall not omit under penalty of £100. -J.R9BB-&'J:..-SW/.."fZT!,R.,(;;~9{~-,..-u»J,..~, day of ..~.~D..t~.mP.G.:r. ........ 19.5.O.., and in the ...l.74t Witness, THE SERVICE PRESS, HARRISONBU!lG, VA. And have then and there this Writ. at the Court House, the ..28.t.b.......... . �Commonweal th v. ) Grand Jury Surnnons - .- ...aynara - <.:: '-'pencer Crawford To September at 2S, 9 :30 A .• 195( �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ....CJ.~.r.Jin~.$ .. '.'.J.~.G.~. 11 ...R$e.4Y.i....G.9.r.~ ...Re.e.¢1..Y., ..... 1 ...1'.l?-.u. !P?.-.~ci ...."F..~ ~r~.ci.~.,.....G.l?-.~ t ~ i.~....~.~.Y..1... '.'.~ !_().1i"!!J.e...'....~J~k..P..a..~.rt .<?.~ ..t....Y.✓ ?.-.r~.e. .r Kir~patrick, Genevieve Crawford, James Shifflett, Hinton ····•••··••••••••·••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ...Co.n+gY.,. ....tt.~Y.~.~ ...®J.t.r.rm.@...~n4.... P..r.! ....r..~ ....r,....... ~Y.e.:r.~ ..... V.................................... . to appear before the Judge of the Circuit Comt of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the ..1..6.t!rlay of. ........O.G.t.QJ;:>~:r. ................... 19.5.O.. to testify and the truth to say in behalf of the Defendant in the prosecution of the Commonwealth against....................................... . ........... ¥.?.-.~.a..~.~ ....~.:....~.ta..~.f.<?..~~····················· ···················································································· who stands charged with and indicted for a felony m~imoo'Y-. And this you shall not omit ttnder penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ......~.2..~.~······· day of ••••o.c.t.o.b.e.r •••••••••• i,50, ,ml m th, l75+J:,,:,;;:tJiT¢ ' Cl"k .J �~ ' 't orabode; ,~~ £/ .. -~- '1-r.:L~ said~ 6 /8 ~- ~~ 4~;,~ s ~ N. explaining a J~~ .•~L~-----············· r ' s-:~- ~. a member qf the purport tharAr." ~~ being In person,tat usual place of abode. ~his family above the age or 16 ,.....,,md ►n her. hM ~ r '°"' at his USUC$.l ,rur, by delivering s~,i ~s:£.e. Pf B, J ~~ L i.y ae11venng" ~ ~ y 7 :f"t} 14+w,;,,,7: /,//;IL, ~of~A Executed I() / 1 ~ J :;-6 true oopy of thls~.to ,.taoe Net finding .• L1/'a,f •~a.,c,y- -Aecuu,'1 ., " �In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded to summon .... .......W.....C ......Bi.ckers of Rockingham County, Greeting: ........................................................ . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, ~!~, say in on the .l.7.tblay behalf of the Defendant ··················· .. ················ ..~~Y?~.t~ of. .......O.c.t.ob.er............ 19...50 to testify and the truth to in the prosecution of the Commonwealth against....................................... . ....~.~.... 9..~?:~t~.r.c:l ............................................................... . 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 ........l.7.t.4 ..... day of ......0.G.tO.O.e.r. ........195.0., and in the 1 ar. a the Co k �EXECUTEDJ~i2::.£Q.IN THE COUNT':i'.lu ROCKINGHAM BY DELIVERINGA TRUE COPY OF THE WITHIN~ TO _u}_ , A B,_&let.442 IN PERSON. £lint fi2 lr4a4, ;dlhaa. llf~.fAuck rf&r/e-'4'-~ ������������� 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 Maynard Spencer Crawford 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_001 Crawford https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_008_commonwealth-v-mcchesney-smith.pdf 93d521a5ef5f1b82a286e52da7502759 PDF Text Text n.s C0MM0N\VEALTH v. McCHESNEY Eelony SI✓-iITH (rape) ~/ '). I I �. j~ /r<- ) i-f:::::J_ ?, 3 Y"- I/,,.._t,..l . tf. ~ .,_.,,__, j h ~ 7 1IY ;,.,..I@ R C, b /4 l k I/ti .'J 7 ( ~ ~ b~Li tau-y II ~ Iv}~ //,II fl-'; t �COMMONWEALTH vs.~IU?t:, DESCRIPTION ~ OF PRISONER Last known address------------~~-'}(_~---------------------------------------Color_ ___lv-t __..,,,. Height_ __J--:-_-:-_/:--/ Eyes_Jlv_-::_____ Hair__~--- Weighc(_J.~----- Marks~-------------------------------·---------------------------------------------------------------------- LJ_7-_ ____ ____ Age ______ Date of Trial_ ___ _ Occupation ___}_~ ____________ ..__________________________________ _ }IJ~ / _b - / '/ '1 3 ___________________________________________________ •_________ Result _____________________________________________________________________________________________________ _ ��INSTRUCTION_J__ The Court instructs dict in this other facts witnesses, in the case. case, they may consider and circumstances their the jury relationship that, in arriving in connection of the case, to the parties, at their with all the the demeanor of the and their interest ver- �r OL.D ·•'"e £ij 'It " c-f'4 ... r -n.t J r IJ 0 • -:t.e ,..~ 0') t f. .u f'_ n tea.c:> .I v .to.t .;.'> ;t 'l:o t ;t n.t ,e 00 j 1,, .., j' �INSTRUCTION The Court instructs the crime of rape by the male genital as any other is all that fact there the jury that must be penetration organ, and that in the case, is necessary. /4 this in order to constitute of the female organ must be proved but any penetration, the same however slight, �()' . .t • 11 rI er.rr .. 0 .r e .t ' "" col.ta-:. I " ...1 r . e.i:Ii:t :t d ;t ~: 9VO':f "l. .t .... ) ,., I ·T f:IT' ,,_ j' r -I' ~. !t~r •' ,... r· .. h1 r 'r .a - ,. '! 1'· el ....e::ti. t<i 0 t li . t ,.....-JJ,.. f ) j . 0 .t js.J:t . " ~ r _,. .. !'"of- ....l ...,.I. �_/3 ____ INSTRUCTIONNO. The Court person instructs charged with has established reasonable that dougt guilt there as to his and goes with and applies at every connection sufficient ture, his guilt that the accused, or that fuss been proved of innocence terms still thereof applies, unti 1 the through until every Commonwealth so clear presumption is instructed and jury no is an abiding the entire repelled that case by proof. it theory by preponderance of the testimony than his innocence; reasonable for doubt in the indictment, and they must acquit And is never upon speculative beyond all as charged law presumes so strong, This the accused jury is more probable and narrow the in the minds of the guilt. stage the may be guilty, guilt that by evidence is left presumption in this jury crime to be innocent his so conclusive the or conjec- until in the his precise the presumption him. ��TRIAL JUSTICE COURT __ C_RI_M_I_NAL __ S-'-/_/e,sDOCl{ET NO. ~ COlfil1I0NWEAL TH V.) McCHESNEY SMITH 2/25/43 GRANDJURY ��Witness 18 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 Florence Washington and Green ___ Williams in the pending case of __ v. __ H_a_r_r_i_s_o_n_b_ur__,g"'-L,-----'V---'i---'r'--'g""'-=i=n=-=i=c ___ _ day of.__ F_e_b_r_u_a_r~y~----, of that day to give evidence in behalf of ____ 19 43 , at the hour of__ C_o_mm __ o_n_w_e_a_l_t_h ___________________ M_c_C~h~e~s=n=e~y..___S=m==i~t=h~--------------------=-,,..----------2_5_t_h __ _ day of February 2_:_3~0 __ P_._M_. _ _,C"'--o"""mm,,,...,.,,o._.n.._w..,__,,,e""'a .... l"-ct .... h....__ _________ ._________________ Given under my hand this ___ _ _:_:_=-='-=-'-"-'-'-"-=--------------- to appear before the Trial Justice Court of said County, sitting at.__ in said County, on.__ 2_5_t_h ___ of Virginia, to summon _________ , 19 43. tf!}l~ _ �17 Trial Justice Court ------ ....... Docket No. ___ Commonwealth t.., ll i ::::. I Q) : : 's co: ~ j I : :. I I V. { Witness Subpoena ! I I II' Mcchesney Smith I I ! I:: 0 [: Q) 0 ...: < q .,._ _ �In the Name of the Commonwealth :: ;~:a•:'.c~::;'.'.1:1."::,,::•/J?::: of Virginia: C:1u,t.~f.~ock~~.att~eCouttHo~s\!~f: to testify and the truth to say in behalf of the Commonwealth against. .......................................... . ••••••••••• •••• ····························~·.~~-~L··················································_. who stands charged with and indic{ed for a felony RmtlememTO'f. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, day oL J. ROBERT 2~ THE SERVICE PRESS SWITZER, Clerk of our said Court, at the Court House, the ...../~. ,191-1, and in the 160~"" oft~,~~~ ~,-Gletk-_ �,.q ; /~/4 ::;;;~ /~ �Commonwealth of Virginia: You "' d'_L::;;;::;::;:.t?ll_~ hmby comm,nded to ,u,nnwn .. ..... i.:::~::::~~:::::::::::::::::::::::::::::::::::::::::: who stands charged with a felony ~And this you shall not omit under penalty of £ 100. And have then and there this W fo IP................ .. Witness, hR_,OBERT SWITZER, Clerk of our said-i!f:;t, at the Court Ho1tse, the ... d,y of THE SERVICE ,;.,~, PR.£SS, HARRISONBURG, 19 VA. d,~ndin the j~J?. ;r~~' ClMk �~ • ~ ~~ TN THE COUNTYOF ~ ~ ~ ~ '7'-WT+'+-iJ- ~\ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereb_ycommanded to summon.............................. ••·······································-··································································· to appear •before the Judge of the C.!J51it,, Court~am Count_y,at the ~ourt House thereof, al 9 :30 o clock, a. m., on the../h .../:1rai; of_........... ·····-······················:······ 19...,?J-ro tesllf.Y and the truth lo sa,Y in behalf of the Defenda%_ii1 the prosec ion of the Com"Jnweal!h ,__agJJn~t ................................................ . ·······································•········•················1/./J. ... ~__./ .............................. ····~················································•····· who stands charged with and indicted for a f elon,Y~r. And this _youshall not omit under penalt_yof £ 100. Witness, ]. ROBERT Paper ~ SWITZER, Cler/~ of our said Com;, at the Court House, the...../..?.-: ......... . da_y af.___ m~--------------- Massanetta And have then and there this Writ. Co. Print 1<Jd'}.aad ;, ~~"f ____ '__ cummaaweelth. FORM NO. 5 Cle,; �ft ~ } '!!.- ' ~ -·:. ~9·r.~_~.-;;:.:_:... _ ~ " ~ EXECOTEO?l«.? £/3IH THE COUNTYOF ROCKINGifAMBY DELTVER,RlGA TRUE coPhOF TO lJ...-1,...\,..~ l~La.,.o IN .,.PERSON. t~y �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 misdemeanor. And this you shall not omit under penalty of £100. And have then and there this,Wri~ W~OBERT day oL THE SERVICE PRESS SWITZER, Cbk of om said~t, : , 19{.}: and in the at the CounHouse, tk .. /;} :i{:.;t:z::.:J~ • Clerk �• ·1 .8 �In the Name of the Commonwealth of Virginia: To the Sheriff ~ You are hereb:ycommanded to summon...........lJ;t.4- of Rockingham County, Greeting: ~~~~..~/.~¢:&.; ....~:.. ~~••·~~~i,z✓d ·-~;,t;-¢ ......~,,.?-6-/ ....~-.'" :~ ;~:~ar 0,~;::~~ :~e:.~d!: '""..in_b•l••lf.•fum .."'...... 9". 7 ................................................................................... .. :L.t}4..~Wa;~~;~:;t: ...~o:7tl Do'Z!on~n~-~; 0 tht:s~~ur~n;ot:seettrhu~;:o:~ •• ••• who stands charged with and indicted for a felon:y mi£d.Gmeano,. And this :you shall not omit under penalt:y of £100. SWITZER, Witn~RT da:y of.......... Massanetta d}. .......:............. :.......... 19.. Paper Co. Print And have then and there this Writ. Clect of oe, soi~, ./}fl at the Coe,/ Hoese, the.... /~b •:jh•Cammanw,alth. p...;e ..................... d~ ........... , Clerk and in th, FORM NO. 5 �. C, c.: ·! (l) '.:l .t... ,-) 'ti 0 ";- ;) > ··- .... -'1 . . ' I I I I I I 'I l ' .. . w' 1 11¥} ~/(:? .., jJ II : I I I 1 '' ' : I I i § ~Q) Q. .s ~ ') �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ...................................................................... ·-·················•···········•··········································- pear before the Judge of the Circuit Court of Rocki'Jham Count},, at the Court House thereof, the.../.l ....... da:i, of_..... 2J.?..~ • ~n ................. 19..40 to testify and the truth to sa:i, in behalf oi the Defendant in the prosecution of the Commonwealth against ................................................ . ::·=:·:= =:::: @& ~::;t::2f ! := who stands charged with and indicted for a felony misdemeanor. And this :i,ou shall not omit under penalty of £ 100. Witness, da:i, J. ROBERT a/ ••••0,t=4' Massanetta Paper SWITZER, •••••••• 19½./, Co. Print And have then and there this Writ. Clerk of our said Court, at the Court House, the .../.{~ ond ;" th'j.·71±:t::t;:t;r•llh .., Cbt FORM NO. 5 �~-~ 6~ / l.&#?4 COPYOF THE WITHIN~ TO_/&:_ ~ IN PERSON. IV'tiy4 pre RO:)CKINGH~1'BY DELIVERING A TRUE EXECUTED3ff.~bIN THE COUNTY OF �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_a_w_r_e_n_c_e_H_._H_o_o_v_e_r _______________ of said County, has this day made complaint and information on oath before me, ---=-J-=•c__::R:..::....:_. -=D_.:;o-"'n=n.:c...e.c_l=l__.,___.'--=--'C'----'l=e.;c....c=-r--,ek'-T. J. or J.P. of the said County, that McChesne on the.__ 1_6_t_h ___ day of Smit=he._ __________________ February , 19 43 _ Did unlawfull , in the said County, and J~:LQ~iousl in and upon one Florence Washington did make an assault, and her, the said Florence Washington by force and arms and against her will, did carnally know and abuse, Commonwealth of Virginia. against These are therefore, in the name of the Commonwealth the peace and dignity of the of Virginia, to command you forthwith to apprehend before the Trial Justice of the said County, the body of the said ___________________ and bring _ Mcchesney Smith __________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this __ l=--'--7--"'t-"'h'--------day of __ Memo. of Commonwealth F~e_b_r_u_a_r~------• Witnesses: Name __ F..,_._1 o_r.enc_e_Washingt-On Green Williams 19 43. Address ----- -- -------------- -----ur.idgewat er-,- _VJ.rg.inia " tt �STATE OF VIRGINIA-COUNTY OF ROCKINGHAM, TO-WIT: and for the County of Rockingham, State of and .................................. . have this day acknowledged Commonwealth themselves indebted dollars of Virginia in the sum which they severally waived their exemption, to the ) as to to be made and levied of their goods and chattels, yet upon this condition: That the said appear before the Trial Justice Court of Rockingham County at .. ............. ........... . ............................................................. , on the ...........day of ................. , 19........., o'clock A. M., and not depart hence without leave of said Court, and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with said charge, and then and there answer the Commonwealth of Virginia concerning the within charge until the satne is finally disposed of, then this recognizance shall be null and void, otherwise to remain in full force and effect. Given under my hand this, the ................ .. , 19 ... . day T. J. or J. P. or Bail Commissioner ._._. ... \ C ID ... ::, 0 u <1) -~ .µ "' ::, ....., cil ~ co z ~ ~ ~ V .µ ..c: ..... Cl cil -< Q) .._.__,._, i:I Cl) Q) ..Q 0 ~ C 0 C 0 ,,; ~ :> ·- <1) ~ t)l) ..C: C ·-.µ ... "' -... ·- ~ ~ 4) A <1) ;.::: 13--g ;:) u v ~ µJ "' t)l) C ·- ~ ... <1) J ~ f 1 "' .:.a ..., ..£l H \ : ~ <1) C 0 > ..a "' ·;:::: 'U 0. ~ u:> ... "' ..... 'U -~ "' ~ "' ~ ~:• : ,'! ~: c::)! ci ~ :tc:i: : \_•: ... ... u"' - ~! ¼ ,:: 1 ~ ~ "' ~~ v ::, µ.. ,-.., t)l) -"' C ~ ·-::, c.,,(I: ~ ~ <l)~J "' ~v u v ~~ ... ~ "'\i - ,: ~ \~ ~"' <1) ~ h'-.t~" ~: ...:.j :~ ~ ~ ~ ~ ~ 'Cv~-t)I) v ,.. ~: ~:: ci!: Qj•: - <1) ::E ::E \)! \.,/ ~~~ ~ l:S 0 ~ ~ ~ u t-- v .... 'U -~·~ f""\ ~ ... "' u ::E l:S 0 ..c: 5 ..... ~ ~,~ ·~, ~ <1) t)l) ~~ ~ ~u ~ ...... °' C ..., cil <1) r"' ~ ~ "' <1) z ~0 > .• -~ "' 'U :: ..0 "' ... ... 0 > 0 C 'U "' 0 .µ ,_,I ~ .µ "' ~ ID :§ ... s u s0 u vi ..0 ... "' ... ,o .µ 0 "' ::,-._._, .µ ._. 11.) u v v ..., v-:;::~·µ.. '<::' ,-:=. ·- ~ ::l ,-.., ro ·- ...... !--< u C "' ..., "' v ~ -< C ·- C o S ~ C: 'U,.c: C ~ ' "' "' v~' u _. C C > "'"' "''U ~C tl v •..-"4 .4-J ov ~ C i:;._. f=..,0 ::,::::,.....,0...,.- U) ~-< u-< "' ~ µ.. .....--t ~ , :'I ~ \ <1) t)l) (,~ -·s ~ "' <1) cil ..., 0 f--< ~ ~ ~ c-\ �-INSTRUCTION / The Court the ofrence gredient instructs of rape, force of the crime; be supposed adequate consideration - circumstances that must be used. and that force in order It is charged the relative of the case, to constitute is a necessary in- must be such as may reasonably to overcome the physical woman upon whom the rape into the jury resistance of the to have been coI11IJ1~tted, taking strength of the parties such as ma~ing outcries and other and giving alarm. �--:tu:tl:tanoo o: ~ -nl ~~eeeeoen b~o n r B jI tsrlj ~~ut erlt ejomJenl .beau ea :t ldBnoeea~ ~.sm ee rloue ed jeum edj gnl:>I.ej o eonetelc be:t;t lrmro ~erl o bna eelj~.eq .nrx.sla nlvl bn.e ~ Isola n scf l10IT:)UHT2UI IJIJJ o~o1 tsrlt rlq erlj eo~o1 ,eqe~ lo oone bns, l~o1uo l~o qB'I e tt vl:tsle~ beeoqq~e ea rI oqu rl:t nolje~eblenoo nl~em ae rloce <e. o srlj ,o o erlj~· ~o ;tnelte~ rlj moo~evo ot ejsupe ev .srl o ... t erl:t lo rl:t ne~:t~ tTuoO erlT 'JO tnl eonstam o~lo �INSTRUCTIO ~ The Court instructs fendant on the evidence ington, alone, althou the jury that of the prosecuting h such evidence whole or ~ay be corroborated defendant and the guilty they may convict beyond all ·ury are instructed 4nly Florence in part, doubt, they may convict they believe from such evidence and the corroborating that the defendant the defendant is guilty has testified . of the prosecutrix, lorence Florence such facts beyond all in direct Vashington, facts and circumstances reasonable contradiction Washington. the the defendant witness, if . from such evidence; of the prosec1ting in the ca~e, in if the jury believe the evidence circumstances Wash- may be uncorroborated reasonable that witness, the de- doubt, o if and apuear, although to the testimon . �-rle.eW eone'Iol~ ni: rl.t ,eeen:tlw anlj.r..roeaoTq erl;t 1o soneblve e;t .S'IO □ O'I'Ioonu ed "ll.BIT eoneblve velied , oneblvs Y.'IIJt erl;t 11 rtoue mo'I1 P,_tne""n 1 .t'I.sq nl 11 ,no.tanlrlarh. eono'IoI'i"' bn.s a;:to.e1 gnl;t.e'!odo~'Ioo ,'I.e aae ee0n je~uo'!lo bn t , no;t nl be;t.sTodo'I'IOO ea ~.em 'Io elorlw ~ln ll.e bno~ed ~;tllu 'I.B j' eeen.t J:w nl;tr:oeeo-ra srl.t bn.e eoneblve a.to.al rloua li ri~ 1 rorf.:tI.e id'cf1.on 8lcf noe.s '! lLe v,no~,.:. ,e;t erlj .rio.r..rarl~.r..ro.d;t I.e , enol.s ,.tduob eidsnoa.ee'I rl.t ;:t • noo v erlj no ;:tn.ebnal rloua 'I •• , ert.t bn.e 'to eone.tlve o'Il evellsd 'i.t ~ :t e~.eo srlt ni a one;temuo~lo finov,ecf "1lti.tL'21el r,;t no.i:;t?lb.s'I:tnoo ;toe-r.1:.6 .1.11.tel rl;t ;tn.sbneleo ;:t!l.ebne'reb erl.:r j.erl.;t .t.tee=t a.ad ;tn.ef:>neleb erU .no:t;sn.trla.si/Teone'Iol'ff xl-r:tuo9eo'Icr erl.t lo �PrisonersReportof Rockingham CountyJail N,me_~j ________________g_~---- __Date Amsted_1/Jl/-5'.:J Date Bailed Out_ ______________________________ Again Placed in Jail_ ______________________________ '/-1-_Race~dngle Male_£'." ____ Female_--,- ___ Age_ /lM'JF~ Home Address __ _______M"ded_~ ___ Divomd ________ -----~______________________ _ Place of Birth ________________________If Foreign Born ____Time in U.S. ______Years ______Months ______ Physical Condition ___________________________ Is Person a Drunkard? ________or Drug Victim? ________ ti'____ Write?_~-- Can Read? __ Occupation~- Offense Committeed_.£~---- City Ordinance ___________________________State ______________Held for Grand Jury __________________ Held for Trial __ ~G/_':f.__.J_____ ____ Sentence _______J_ ~ears ____________Months ____________ Fine ______________ Costs ______________ Time in Jail ____________ Held for Penitentiary ________________ Held as Insane _____________________________ Held for Other Authorities _____________________________ Behavior ____________________________________________ Date of Discharge ____________________________ /7 _4 DESCRIPTION OF PRISONER HeighLJ:' ,'_ l'______ WeighL/1(_ 7- _ ___Colm of Eyes_fl_~ P-~ Colo, of Hai< ~ 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----------------------------- ________ II ;b 1 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 - - -- -- -- - -- - ______________________________________ Sheriff ��--= ! A· •-'--,/ , ldU.•d~ kt"'- r. -:/:- £ it~ 19~~-~-~ ;/' i '~ \ ( "2 / '~ t- I- ---:; .,,,,,. ' r 1.....1;,-~~,.-,, ef J - • -- ------ ---- ----- -- ------- ��IN THE CIRCUIT COURT OF ROC~{INGHAIYI COUNTY, VIRGINIA CO:MMONWEALTH v. McCHESNEY SMITH ) ) ) } ) If you find as charged CHARGE TO JURY the accused, in the indictment, ment at death, you will or by confinement for any term not less than five If you do not find in the indictment, therein death, charged, or, for life, but find as charged of assault and battery, so and fix his punishment LAWRENCE H. HOOVER ATTORNEY AT LAW HARRISONBURG, VIRGINIA for life, of rape, of attempted than three the accused or as charged rape, as therein or by a fine years. of either but find charged, by confinement at in the penitentiary guilty in the indictment, or by both such fine If you find guilty by confinement as also twelve months, his punish- say so and fix· his punishment in your discretion, rape, of rape, years. or for any term not less attempted dollars, in the penitentiary him guilty then you will guilty say so and fix the accused If you do not find exceeding Mcchesney Smith, in jail rape or him guilty then you will for a period not exceeding five say not hundred and imprisonment. him not guilty, you will say so and no more. �) COMM:O NV!EALTH v. McCHESNEY SMITH Charge to Jury �COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKI GHAM,to-wit: IN THE CIRCUIT COURTOF S ID COUNTY: The grand for jurors the body of the County of Rockingham, Circuit their Court of said County, oaths do present day of February, that teen years, unlawfully to-~it, did ravish and carnally Washington before AT LAW VIRGINIA jury and arms, unlawfully her will years, in violently, and her, the said on the day and year and feloniously and by force, of the Commonwealth of Virginia. is found upon the testimony and Green Williams, the grand to-wit, know, against the peace and dignity This indictment ATTORNEY then and there, in the County aforesaid, against HARRISONBURG, did make an assault; aforesaid, the 16th a female over the age of six- of the age of seventy-two Washington, on or about with force the 1943, upon ebru.ary term, County, Washington, and feloniously Florence at its in and and now attending McChes ey Smith, 1943, in said and upon one Florence LAWRENCE H. HOOVER of the Commonwealth of Virginia, witnesses to give evidence. of Florence sworn in Court and sent �) -RAPE Indictment COMMONWEALTH v. Term, 1943. I ...; t::., McCHESNEY SMITH} - Felony: February Witnesses: 1. Florence Washington 2. Green Williams 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 McChesney Smith Subject The topic of the resource Felony Rape Description An account of the resource Defendant charged with felony 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 1943 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_008 Smith https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_012_commonwealth-v-michael-herman-emerson.pdf d0502eabaf7f2aa62ce9d32bf0039530 PDF Text Text COMMONWEALTH v. EMERSON INSTRUCTION The court convict to prove the accused, fail the 0 the burden defendant, he had struck had struck the.jury beyond a reasonable the accident, that instructs the d to stop said Betty Betty at the that before you can is upon the Commonwealth doubt that Emerson, Lou Landes Leu Landes, at the time of knew or was aware and that he then knowing he there aoone of the accident. ~~~¥~~~~~#;~~:tii~~~~~r~~ f/4/_=hf=~~~~~~~~ ��~ ~=, ,. C t --c.-, , z_ ~n-✓,V / -~7 ,,,_, r. 'C I - ---- - ��p}_h - ~ ~~ ~~ ~ ac~ c2AV 1/ttotl_!!__/~ . ,,I ~~ - ��~~-_-----. fj ..---..... �---- ---- -------- -- -------- �I. �---.., . - �COMMONWEALTH v. MICHAEL HERMANEMERSON I INSTRUCT ION The gravamen of the accused or without of the charge from the scene giving succor While knowledge tial element of the have positive but the omission, accused that here being of the accident and aid to the by the accused crime, knowledge this of the tried injury extent of the injury must have been aware, at the time or injury flight stopping injured. does not mean that harm had been done, the without party of the is is an essenhe shall inflicted, of such inflicted. ��COMMOlfWEALTH v. EMERSON INSTRUCTION The Court every his person guilt all able case, at every of the guilty. the law presumes to be innocent presumption through thereof; until in the guilt the entire case, the benefit case, after the jury of the accused essential all is of the and ap- having heard have a reason- upon the whole to prove it beyond of innocence and if, hira in the warrant, the defendant that by the Commonwealth, or as to any fact him not jury crime and this stage of the evidence made against give with the accused doubt the established doubt, goes with plies charged is reasonable instructs the charge their duty to doubt and find ��COMMONWEALTH v. MICHAEL HERMANEMERSON 4f INSTRUCTION In considering burden the of proving Court guilty beyond In passing the jury its case, including the from lack vent after If, sideration viction all bear doubt. of the cannot charge, presented at in- go beyond such concerning a reasonable in mind that fact, proof on the other to of all of the the truth doubt. guilt consideration belief after evidence in the case, of the charge, of all of doubt to meet its you are of the as to preof the ac- burden. and reasonable con- you have an abiding then and circumstances. of the guilt an impartial of a of the accused and honest in such a state doubt or from be a doubt and nonessential a convinced hand, should immaterial left en= any testimony, of the the Commonwealth has failed reasonable or a man must be proved and reasonable from conflicting to the your minds are then should of any particular you from reaching cused, jury essential not a mere doubt evidence, which nor can you go beyond such evidence of evidence proof fact If, The jury word imaginable or possible natural the of guilt. Further1ore, material doubt, with to the evidence the doubt, is a doubt of the proof consideration to create questionable doubt conceivable sufficiency evidence arising not overlook law does not say that to be drawn therefrom. inferences you should A reasonable ferences find beyond reasonable and is not to be confused upon the of this that imaginable, must limit the trial jury for the every Commonwealth has met its of the accused meaning. on reason, doubt, or not the guilt the nor its founded possible the instructs "reasonable" is whether ? ~--- satisfied con- beyond �.. �CO 1M0111NEALTH v. EMERSON INSTRUCTION The Court ·nstructs whether or not the volved in an accident may take into following occurred from that resulting to operate and whether detection. that in determining he had been in- in an injury, his accident, he was attempting to avoid jury knew that consideration which he continued effort accused the alleged accident the actions that you immediately such as the manner his automobile or not to leave it the after appeared scene in the therein an ��COMMONWEALTH v. MICHAEL HERMANID-1ERSON INSTRUCT ION The Court is just as legal provided ter guilt further instructs and may be just the jury as effective that the attending circumstances and force as to satisfy the minds~ beyond reasonable doubt. that circumstantial as direct proven the jury are evidence evidence, of such charac- of the defendant's ��COMM:ONWEALT H v. MICHAELHERMANEMERSON INSfRUCTION-:# The Court the accused, That, Emerson, injuries at the or that or death or as close before you can convict evidence beyond a of the accident, his to a person automobile accused, had struck in an accident to him then the accused the willfully to as conveniently resulting unknown, failed possible, Betty in and that to stop the scene of such or, (2) that, the accused, failed reasonably the time he was involved such knowledge, accident; all that from the knew or was aware that Lou Landes tely jury doubt: (1) at, the you must believe reasonable with instructs (; after having to render appeared circumstances such child learning a reasonable of such accident opportunity such assistance then to a physician, to do so, to said to him to be necessary or injury, injured child at the time, existing, including surgeon, or hospital the for deliberaas under carrying treatment. of ��COMMONWEALTH v. MICHAEL HERMANEMERSON CHARGE TO JURY If you find the accused OY personal injuryA his punishment than one year not less less or, than dea-fk. as charged by: thirty Twenty-five by both of hit in the five Dollars you will penitentiary years; days nor more than such confinement and run driving in the warrant, Confinement nor more than than guilty one year; nor more than in the say so and fix for by confine1ent · not less in jail by a fine Five Thousand penitentiary involving or in jail of not Dollars; and such fine. If you find him not guilty, you will for say so and no more" ��I, Michael Herman Emerson , the accused in the attached warrant, 1n open court, before the Judge of the Circuit Court of Rockingham County, Virginia, do voluntarily waive indictment on the said charge of hit and run, personal injury Given under my hand this 18th day of January , 195__'.L. �n V •' : ,. �S. P. 82 - REV, toanswer 7-18--84 for violating the Improper 7. ./2 Virginia, to wi /~~.....,..-W-4 I hereby promise to appear (Defendant's Vehicle Law}jl Signature at the time and place specified Failure to comply with this summons constitutes a separate ABSTRACTOF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS .JURISDICTION, COUNTY, CITY OR TOWN NAME offense. OF COURT DATE IF DEFENDANT ING- CONVICTED OF SPEED-- d by the Judge or the Clerk of the Court ha?1ng Jurisdiction required by Section 46,-414 of the Code of Virginia of 1950. SIGNATURE OF JUDGE TRAVELED SPEED OR CLERK LICENSE I TITLE SUSPENDED □ YES ZONE MPH MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDING- This abstract Is SPEED PERIOD □ I NO DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysi~ are: Speed too fast for conditions 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 �to- answer for violating the Motoi: Veh\cle Lawj of Virginia, to wit:• Reckless Driving Improper // I hereby promise to appear (Defendant's Signature / /0 ·, / .:,,./ -,..... (/ •# at the time and place specified above D Speed limit □ Summons required JURISDICTION, ~ L.: 2. Exceeding ,,,,:,. under Title 46---Section 193, Code of Virginia. Failure to comply with this summons constitutes ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT 1 ADDRESS CITY,,,{ D L / .t L ;, ~J,j - ...... •. ~ COUNTY, CITY I PLEA I OR TOWN CONVICTED NAME j:f!-X 1:EIG/ I- HEIG'3 FT. I EYES ' STATE I I OF DATE 1}.,i/,,/.;,ILIJ POLICE LIC,E.'.:'.,SE I ) NO/ ST~ PENALTY ..!.,_______ IMPOSED --j APPEAL TAKEN DvEs IN. L HAIR ,IMO.BORN I YR.BQ.f<N (i CPR. OR CHAUF. offense. OF COURT t----,--,------,~-------,----------+-=~~----1-=D=-.cGc:U..:.IL"-T'-'Y'-=□ ==-:::.~::.;:.:L..:.T..:.Y_,_______________ /CE a separate LICENSE PLATI' ✓ ; , ' This abstract Is fi(ed 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, IF DEFENDANT ING- CONVICTED OF SPEED• TRAVELED SPEED OF JUDGE OR CLERK LICENSE I TITLE SUSPENDED □ YES ONo ZONE MPH MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDING- SIGNATURE: SPEED PERIOD □ I SUSPENDED NO DATE j �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 ·vVrong side of road-not overtaking �(<>mp. For,;:. 18 STATE OF VIRGINIA ~ \ No,,_____ To-Wit: _ Harr:soDburg OF Ci~l TO ANY SHERIFF OR POLICE OFFICER: __,J"-L. =c--".~!-T-"'.D"'-'. s=h,__ ____________________ Whereas, _________ _ has this day madecomplaintand information on oathbeforeme, ___ J_o_h_n_G_r_. _L_e_a_l_rn ________ _ (Name) City Justice of The Peace of the said C~, tha._______________ _ (Title) Rockingham 7___H_e_r_m_. ___________ I_:_i_c_h_a_e_ a_n_E_m_e_r_s_o_n ___________ _.·n tl:Ivsm: County 16th day o,t.__ __ ___.: ..... ro""'v.i.'..,,,e,..m...,b""e"""r~-----· 19---5'6....:Unlawfully a"7.d feloniously did on the while oper::t ting County, and after 3 years no.ce, his of a:e, address, vehicle,{ vehicle r hc1ving struck fail to stop 3t t~e and diq_Lun1~.-wfully t' e p~rent n rn 1d over and· killed oD~:::-otors licer~.se to _oc-te effort...Q-OllS p.i a motor scene number 1for~ntion violr-tion assistance of such the nnd feloniously)fail ~ >igh1.rny :'..r: Rockingha:o one Betty t11:d of s~~d child c io.us a public Lou Larides, accident ~~d re!'.::'..strntion ' or le ve a·:i.d did of section cive q note a of Poeeermbl.e to rer.der 1+6-1°89 his number .;..o "ffielce, ·ail a child of t\,e .2eas L.,no. hle 1950 I Code of Vi::'.:'ginio, -1.gains t t::e peace ar:.d dif:'li ty of t e Commom·reo.lth of Virg:..ni2. These are, therefore,....to command you, in the name of the Commonwealth, to apprehend and bring before the County RockL1g'·1nm Court of ~ County, the body (hlmms) 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) JUS'lICB OF PEACE �S 1,TAT~:~;:~,UNff_!'•~1~~--~~~~lil!~~-==~~:-;;, ~ ~ ----f..o=41:l.,'"\: lt=#-4 ia aaMIb to-wit: the Comity aioraaid, State of Virginia, do certify that -----:_-:_-:_-::,-;:_-::,_"].,_...+-,H_,........"t-'-"-_._'-""' _ _,_-'d'-=..._..-£,;......,.,.__PL--,1"""'-...+-¥-~Y--__,,._.._ _____________________ ....._.. ___ _, bne _ thie day each acknowkdaecl themselves indebted ollars tenements to the use of the Commonwealth d _J!:_'J,u~UILL_~~:,£M~lL.k:~~rat-t> ---""""---at -----,.,,,,;,~ or further h for the offe ::d ---:;t;;:=;.::Z!~~_,,...;~~(4..~b-•Virginia, a I/I bfe ore t h e ap!,Sear lfJ day of --1'":c ..ci1rcait /4--County !~ from the ate ereof. Nonappearance shal) Given under my hand, this ~ to const" day of ~X!.r:~t:_ti.~/4 '/-lr. :/?. ~;J_~•~ ~ ----= ,9·~ ~ ..., ~ 0 ... "' "' ~ fur _,.,.~==i..-.-~...._~,,-c::.....::..----,,,;i~~~=..........,""""'-,Jl.ll~IQ,dg~@lllill ttl >< ... ct i~ , 19'4, .,.....:• ____ _ (') r, i:: < 0. ,-+ :r __;· t, ~ 0 > ~ ... .1,1 3 t') ~ t') .., 0 :r z> i:S:, 0 ~ !a. p ... ~ +Ir· .\l ~- ~ f:\. .., 0... ~ '.!! ::s ,, .., ~ ~ (') 0 "' ,-+ "' (') 0 3 30 ::s :I! ,, ~ ;. > ... 0 ., ::, ... '< r.n i:: 3 3 0 ::s :r llQ ~ ;... "' ,, "' ~ ;,, Cl) Cl) ...... (') ;. ~ ., :,;'?j ,, ,, ~ ;. II> llQ ,, > ., ., ,, ~ t:d ~ .., ., §: ~ II> ., ., . ;. :, r, 1' ' ij a ► ➔ :i:: 0. II> 0 !a. n ,, 0. -(;'> ., II> v C 0. II> '< 0 - <: ::;· ~:, <: ::;· ~:, ~ II> F ... 0 II> 'O 'O II> .., ... F - er ... ,-+ '< t:d ~ 0 II> ::, L'il k· ~t 'O ,, :, ~ 0. t4 :;; > ... ,,::, ,-+ (%1 ~ g_ ,, ., :, ~ . i:: II> a:: :z: a:: p > r.n .., ~- t.zJ :z: ~ ~ ,-+ :ii: ➔ 0 '?j I' "' J.R !" ;; ~ ~ Court and at any time or times to which the proceedings may be continued ny proceedings in connection with the charge in this warrant, to answer without the leave of said court, the said obligation to remain in full force ::ec-J.~J.,t-C.......ll'..!!!.L4t-._~~:C.,:::n___c,';f._j~4l-----";f.!'lmt1/d~elk!~;.ed ;;:;~:;.;;~:;o~the 5 to .,,, .., ;. ,, ::r ... 0 - "' !2. n ~ 0 en ➔ en 0 :, ;. 0 ~ 5· ::;· CIQ ~ C: :, '< (') n .C:::;.· !.... ::, ,, Cl) (') 0 ., C: '" 0 '° 1 ... 0 (") 0 ,,"' Cl) ~ ,, ., ... .., r, "0 CIQ ::, e. ~ 0. " ... i:: N �Com v Emerson rame att. for com., accused pursuant to recognizance and by CAR ~ his attorney; II to II (see part Arcused court struck by ('OUnsel, overruled court jury that moved for mistrial the acr·used which motion court Evidence ...... (see out "unlawfully all atta~hed thereto. statemene-of att. bera_use atty. for and exneption sheet 2:x and feloniously", witnesses did not have a permit overruled, in warrant and rlH~xaocxx~xxxxftR __3mended b_y__strikin and exception to exclude At the ~concl11.sion of opening ~counsel, in part ( to ) to take overruled, then moved court rrioved to strike motion in warrant then moved court whihh motion Accused accused, .... for granted. com. a-c:<'"u-sed-,-b ..... y~-~ ram_._had s_ta__ted tQ the to operate motor vehicle, thereto. hereafter). -------I t- i ------ -I + �I l I + + t l \ I +-- �.,. tt ~ C. A r t l (_ �t L -----------4H--------- �.:IF},,, 1,f TRIAL JUSTICE COURT Criminal Docket N<? 22335 A Com'th V. ,JI• "' T• J • t" Appearance Date / 2 - .:!, 'l J- b .c.~. Trial Date ~ - /~- 0-- /tf"'.,--_s-( ~;/.# 1--;r--s-o/ c:i.f11 ��.0 0 T .0 0 T .0 0 T 5 6 6 4 5 5 5 .6 0/ .0 2 .3 0 .4 8 .7 4 .0 4 .6 0 3 .5 0 5 .6 0 6 58 6 .16 3 50 4 5 4 4 4 .4 .7 4. .lt8 20 20 6 .3 0 3 .5 0 4 .4 8 5 .8 8 4 .4 8 3 50 115.36T 5 5 6 4 .04 .6 0 .16 .4 8- 5 ..7 4 4 .4 8 4 20 "20 3 50 u .4 8 A .4 8 3 .5 0 5 5 .8 6 T 115.36 5 5 .8 6 171.22T ��.0 0 T 12.50 1 2 .5 0 3 .so 2 .0 0 1 .0 0 J.7122 5 .5 0 208.22 T ��/1~~hffcL ///. / .e II~£ Hc/fso_; Hu v {r,r,TIIL) :Yft ~. ~/~ESSL£..S 1i 1 1C/s7 - ~ r .11. ; ~/<S, Joli,-/n/C- /'?1<5. Et/;~· K~E.ZLE /1, el1tc L E 7ow~ /lcl!l'woL I }a._. L ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: . You are hereby commanded to summon ...........F.J~ap.1.(]J.:p ..WP..:i,.t.~ ...{Jt..~#J., ....~;r.9.~9:~rn ..Y.,....Va.) to apt~ar before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, a? ii.Ji9ctock, a. m., on thet2.~.tP.day of .....F.'.eP.:r.:tl~PY ,. . . .. .. 195.7 . to testify and the truth to say in behalf of the Defendant . . . . .. . . .. . . .. . . . .. ... . . . . . . . . . M. ..... in the prosecution of the Commonwealth against .................................... .. H.~....Em.~.:r.s. .on......................................................................................... . 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 .........?.9J.4 .... day of ...... F.ebruar.y., .. 19.5.7., and in thel..~lst year n~~~~c...~~~~~ ..... lerk ~ I �~AECUT·tt:'li.l!~z-..f.m ·--~ THE COT.JN'rY ·o.. ·: ROCKINGHAM BY DELIVERING A TR COP lg c.-z. • I PER SHERIFF ROCK IN•HAMcourny �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon County, Greeting: .................................................................................................................................. . .............................................. ............SGT......BIRCKHEAD. ................................................. .. k ... .TROOPER...HA.SH. ............................ 2:00 to appear before the Judge P. M. of the Circuit o'clock, x.xix., on the ...28thday Commonwealth of . Court of Rockingham . who stands charged with atte-H'lei-e~e..f8'i-a felony And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, at the Court House ther•eof, at ~.'.IDC .. , 19 57. , to testify and the truth to say in behalf of the February. be-f'8t-e-~1-e-Gr-e.ltd--:ftt-1"", against. County, .MICHAEL .HERMAN ..EMERSON .................................... . mi"'6effi@iHH~r. And have then and there this Writ. JR., Commonwealth's Attorney for Rockingham County and the City of �.aECUTED~ff? IN THE COUNTY Ot ROCKINGHAM BY DELI~ERJ>NG A TRUE COPY O THE T IN~---- TO~;t.:.J~~~~----IN P SON. A.L.STRAVvDE MN SHERIF ROCKIGHAMCOUNTY 0 ~ t4 &XECUTED 1 /4-71N THE COUNTY Or ROCKINGHAM BY lJEL~NG COPYOF THEWI'lJHI~2•ra A TRUE , -<t i£££~-~ ~~A.LS I E· A F ROCKINGHAM COUNT! ,, l .. • ' J-:._/; / REct~EO "' FE.B201957 - SHERIFFS ornc... , _ ROCKINGHA, 1 ,~, COUNTY & �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded ....................................................... County, Greeting: to summon -!, ...... MRS.....JOANNE..MICHAEL, ..Ke.ezlet.wwn.,. ...Va.................................................. . .........................MR.S. ..EDIT.H...HEAT.WOLE ....................... '.'......................................................................... .. to appear before the Judge of the Circuit Court of Rockingham P. M. o'clock,:xlXXl., on the .28thday of ..F.ebruary County, .............................................. 2:00 at the Court House ther-eof, at Sc:io:fx . ..., 1957..., to testify and the truth to say in behalf of the against .~ ICHAEL ...HER.MAN ...EMERSON• .......................................................... . Common weal th l:>e~1fr~~, who stands charged with ::ucddl.xottocbdox a felony~~ And this you shall not omit under penalty. \Vitness, CHARLES Harrisonburg, E. EARMAN, And have then and there this Writ. JR., Commonwealth's Virginia, at the Court House, the .15.t.h.of of the Commonwealth Attorney for Rockingham .... Fe.br.uary. ( ;7~ County and the City of . ., 1957 , and in the 181styear ... ~L,-,;;c.,,,~~ Commonwealth's Attorney �~CUTE~ N THE COUNTY Or ROCKINGHAM BY DELIVERING A TRUE COP . OF THE WITHiij,---."9--1....-~~ . STRAWDER SHERIFF ROCKINGHAM COUNTY. �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 Mrs. Joanne Michael, to appear before The County 18th day of __ V. the pending 00 Court of said County, sitting case of ___ _ Va. at Harrisonburg, J+-a-n-u-a'""T""ji"'"T---, 19------5--rat the hour of to give evidence in behalf of~_____ 111 K '7letoun, of Virginia to summon ________ Virginia, a,:00 F • in said County, U,......,·~---of on that day __._C .... o..,m ... ' ~---------~------------------ 1 .... ____,,,c ...o,..,raHt... h------------------- Michael Herman Emerson Given under my hand this,___ l.....,2~t-h---day of Dcceriber t¼d k'. :w~A./ 6-56-SM-Garrison , 19-# / .<!½·. ~ Clerk �ocket No. 22334-A Corn•th ~ 2 :::, 0 ( (.) :1!: V. ~ Witness Subpoena < :::c C!J 2 ::ii:: !licb'ieJ ll mi:mm Enerson (.) 0 Cl:, To J n. 18,19S7, at 2:P. M. �,. Jr-~~ y Docket No. v~.w--~ rf~~r~ I"' COMMONWEALTH of VIRGINIA Cc.,,&,~~ . ✓ ~-"'M·~ ) If. ~ ~ y VS. ~~,4-w~ 1 4.,.4, and run) . , ~harles -------------P• ~.,tc.,,~ V (hit MICHAELHERMAN EMERSON )r~mr,~ t Felon~ ) v~~~•~ v 7~~,te.~ V WARRANT ) Own A. Hammer (X ) Appointed d. ( ) 1957 ff)-"~ February 18. Indictment &c. waived· accused arraigned and plea of n.g:; set for trial Feb. 28. ~- 1--f. !?~ ~- ,.,_,,. 9/,117 ~0~ C 3, -() 1~.1//~i~Y--f /ll . "J ~-~ )' 9' ...,- :/ lcJ < ) I 'I kc!j'GJ • I I I.~ y s~r ')/ () ~ , 1, 'l I CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co,, Phlla., 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 Michael Herman Emerson 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 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_012 Emerson https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_013_008_commonwealth-v-minnie-mae-parker.pdf 35b4c27d49706c81aa5ffeb783b831a0 PDF Text Text ST TE OF VIRGI A, ROCKI~GH.M:COUNTY,to-wit: In the Circuit Court The grand for juroBs the body of the ing said Court present that 1936, in said and slay of said of the State county at its County: of Rockingham, December term, Minnie Mae Parker, county, one Alice of Virginia, Fisher, and now attend- 1936, upon their on or about feloniously oaths November 17, and unlawfully against in and the peace did kill and dignity the Commonwealth of Virginia. This C. Holsinger and sent indictment is found on the and Emory Showver, before the grand jury testimony witnesses to give of Vernon sworn in Court evidence. of �Involuntary 11.~anslaughter Commonwealth vs) Indictment Minnie :Mae Parker Felony December term, 1936 A True Bill: -:f-.~=~~ itnesses: Vernon C. Holsinger Emory .. Showver c,d: D. W. Earman Commonwealth' s Attorney �Commonwealthof Virginia, RockinghamCounty, To-Wit: surety, who justified to his suffisiency, came before me,.v·· <--Y:-<~ ~- .......... ...... - ............ - . .. . . ,U~ • .. . . . . . . .... ... . .. ... ....... . ... , of the said County of Rockingham, (]. P. or Bail Commissioner) and acknowledged themselves to be indebted to the Commonwealth k ../ .. CLA,~--V. of Virginia each in the sum of ........................ . ~ .............. Dollars, to be levied of their respective goods and chattels, lands and tenements, cv..tJ/2..0.~ .... for the use of the Commonwealth m~... . .... ), of Virginia rendered, and they each severally waived their homestead exem tion to their recognizance; yet upon this condition: That if the sai~ ~,c;,cu:_Cou« of Rock;ngh,m Co=cy, ~. ./Y£.b, 19.'J?, ..... ,c L~~········shall ch, Cowctl,ous, of;_ Term thereof, being the . personally appear before C~n .-/.. ch, ... day of and at such other time or times to which the proceedings may be continued . ./ .~ ~ or further d,y of.ch, e .. ...... , heard, and before any court or judge hereafter having or holding any proceedings in conne,.ction with the said charge, and then and there answer cl,, sai~ Co-onwdch of v;,g;n;, conc,rn;ng , muin....... ... a.~ ......7-!..~~. . ~ .................................. whmof stands charged, and be bound under said recognizance ch, 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. this ~ .~2...... .. day of .......................................... . ��COMii!ON'fEALTH v. ) Felony mans.) (inv. MINNIEMAEPARKER ,/ I I I /t', J_. v ,/j. I J ~ / /. ✓ ) ,,, tO , r I,I ~ r r .;; �,I ( f ·' ,, I. �t I ed in t11e Glerk' Offi oc inghamC·unty, a. Al If ~ µ IN THE CIRCUIT 1937 COURT OF R CKINGHM,l COUNTY, VIRGINI P.lark • CO!ill.10NVfEAL TH vs. BI L OF ...illTIC DL S. MTNNIE 1. • E PARKER The Commonwealth expects 1936, late in tm in an automobile north accident of Harrisonbur result of the north on said the afternoon highway driven the highway, to said Fisher. highway entrance 1. innie at the opposite Endless. time, on November 17, Fisher to Endless driving of the road direction two automobiles Caverns, Alice l....ae P rker, car at a lawf 11 rate said day, that on the Lee ijighway about on her wrong side in the dri vir.g his of that at the defendant, to prove resulting was killed sixteen Caverns having in the as a who was traveling her automobile into the on his collided death who was proper at the of said across of e car ~ath by one Emory Shawver, of speed miles side of entrace Alice �/ �ARREST WARRANT 6 The Commonwealth of Virginia,} T 't • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: has this day These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith before the Trial Justice of th~ said County, the body of the said tk,..: .. -w - .v ~ _____________________ Memo. of Commonwealth Name ~ L ~-!';~ to answer the said complaint and to be further dealt with according to law. Given under my hand, this to apprehend and bring / cf JL day of Witnesses: Address �I, an..__________ of Virginia, acknowledged of Virginia in the sum of (>'?(,,(,, / l<,~--tA-e')I Commonwealth which they severalJy w ived the'.r exerp~jon, ~ themselves dollars ($ /(1) indebted t9 0 to be made and levied of their goods and chattels, yet upon this condition: V~ _ ~ ,, C) to the ) as to 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 ~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 recognizance shall be null and void; otherwise to remain in full force and effect. Given under my hand this, the ______ day of ____________ , 19_. T. J. or .... t I-- ~ u0 .;:: µQ) en 2, cu ....i "i-. f-< . ~; , ~ ~ C1l .., C1l ~ -( '-----r--' <1) C1l ~ u II) .8 ~ -~ ~ I 2:l~ :i a:i o.o >< C r.u·~ ~ II) • ,,; d s U ~ I ~ ~ LI'\ .I • 1l I ' ~ ~ ;,: • '°d'"d :> 0 I ..... ~ :>- I ~ ~ QJ 0~ (1) P. or Bail Corn01issioner 1·1i ~ ·.:::: -£"Cl C1l .8 C ·-e oe C1l ~, j ...C:C g :§ O - 0 ~...c: ~ i.., C1l ~~ ~ ~ • :,-._ J .!!l ...c: .., a..--~_;";;,: I ' .. \ •. : ~......,: = . ,.__. '->:½ :: ('\: A :: ~:..: '-1: z ~ ~ ~ ~ 0 .._, 2 r--a • '--..9._ • : ji.. ~ 1 7 • : r ~ ' µ.. , -~ :l -~ • : : :: : : : : : ~ : : : u • • • • VJ : : : ~ ~ µ.. ~ -~ _rn - ~:.;;; ...c: -"' ~ --; , :a B 0 ~ ·- , , ~ ·c: ~~O ,..:. ~ ~ C C ;,,.. \ :a"Cl e C: ~ .8 ~ "-; :a µ.. [ r~ " iil .,, ·o e .eC: t5 gtt) = ~ ~ ~ U r-< < J5 ~< U..:C: ,.::; - '0.o V ~ _r, : .,; : ;:l ~~~~~~-~~~:; t , , , ~ ' 'en ~ ·r j, : • . .'--c. : ;:l .,_, d i:; ~(1l QQJ "' �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You arc hcrcb:i, commanded to summon....................................................................... -................................................................... :'...._ /_ JJl.t_~/1}/}J f ~ before the Judge of the Circuit Court of Roclringl m Count}), at the Court House thereof, X.7to testif:i, and o' cloclr, a. m., on the.l..y ......da:i, of_............. . ....... : ...............19.... sa:i, in beJialf of the Defemlant in the prosecution o :::::::::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::::::: .... the truth to the C ommonwcalth against............................................. ..... ~ 227~·:::: .. JP~:::::::::.... :.::: ............... . who stands charged with and indicted for a felon}) misdemeanor. And this :i,ou shall not omit under penalt:i, of £100. Witness, ]. ROBERT d,y of ~ :Massanctta Paper SWITZE,R, 19Ji. Co. Print And have then and there this Writ. Cler/r of our said Court, at the Court House, the....../'!-.~ end;, th,<~l~:z:t' C :·~. FORM NO. 5 Cfo,k ��CIRCUIT COURT OF ROCKINGHAM COUNTY 1936 .................. Term, 19............ ~~.. -11~/ _,.~--·- ........... -'.'.~~~····· .-4 ) has been sworn in open court as a witness before the Grand Jury / /( 1 •l 1I_ \., lt:fA-r7_y1rn r~ ·•·········tt.····················••···························t1 .................. V"c1erk. . �I .i �CIRCUIT COURT OF ROCKINGHAM COUNTY DE.L- '19Jb ~~ ..... .. ....................... . has been sworn in open court as a witness before the , ~r~nd ,.1,ury ·-;_/ ✓t ~- ,!, ..,;.,._..,, y/YV>, _......... d .......................................................... .. Clerk. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded lo summon........................... •··································•········-·•···•··································-································ :~ ;~;~ar o'~;::~: :.e:. ~d :::L.~.h~.r.1: ~;.~~' .... :,.... ~~·~·· i~.~~.~: ..:.~~.~1 ..'.~:...~.!···'.~~ ...~.°.~.~.'. ... :.o.~1~\ :~~1.z '..°. ..'..~.~.'.'.,.~ ..~.~~ ..~.~~...':~.t~ ... '.~ ..s:~.?~~.~:;~.'. ..:.~·.·········--------------··--------- who stands charged with and indicted for a felon)} misd(l,nearror. And this J}ou shall not omit under penalty of £100. SWITZER, Chk Wit,~~T f ,Z and day 0/......................................... :............ 19.... of Paper Co. Print ou,:td ~- at th, Co"'t Hoose, th, .......?:::f ..f.!J in the .../.i..--p .......... J}ear of the Co':1mon:t'~· ..; Massanetta And have then and there this Writ. Clerk ..'l{-~~iia•-···············• FORM NO. 457 �Legal and timely service accepted 1 this ;?-day of ✓~- {~ "- '-4 "" ).. tt J ·h r \ ' ,t 1937, n~ ~(L i '-- f r\ f �Harrisonburg, Va., _ __......... ______ ... 1../!.. 19 /7 Clerk's Office, Circuit Court of Rockingham County STATEMENT OF FINE AND COSTS Commonwealth Term vs. Costs Commonwealth's ID Attorney t::) 0 Clerk of Court Sheriff . . . . Witnesses, Attendance Jury, Attendance and Mileage and Mileage . Jail Fees -..:....+4-,~~ o o / e o Peace .. ~~ . Total Costs Fine ... ____ Clerk /P • �#/cJ& t)~ ~'-0 3.J.30/ '----- -- / ;1/-30 ~a I /; 7 II ✓ IA JI__ /. ,.. B- ,/ / �Commonwealth of Virginia: To the Sheriff o,w.:kingham Yott are hereby commanded to summon . ....~?. }~ :/iL ~~ ~ ~ .. 1 ..~?'1-,-.. ............ ;; X 2?7 County, Greeting: ~ ...... . ~ ;;r~ ··················•····•··"··············•······· .. ···········································"''''''''''''''''''"'"''"'''"''''''''""''''''''''''''""'''"''"''"''''''''"'' who stands charged with a felony mml·t11mmvr. And this yott shall not omit 1111derpenalty of £100. Witness, J. ROBERT SWITZER, Clerk. of our said Court, at the Co11TtHouse, the ...7'/..~ d,y of. •••• !{±,.~. THJ! SIi.ViC& PUSS, And have then and there this Writ. HAU,JSONBUJ.G, 19 J&,.a YA. ;,, th,/~{~'~/'"'"~;;~h0Prc a .. Cl,,k �{1 ,rm/ ,J. ~ ;:. ::,- ~#.,<d~(j~ , :, l :, " S' UJ C 3 3 0 :s to 0 0 0 113 7 ~-----------=-' ~ '~ ' �In the Name of the Commonwealth of Virginia: To the Sheriff Y'" a,e h"eby commood,d lo ,amm••·l--·•·······'2J:~ ::·w~ ..c4~ of Rockingham nty, Greeting: ~ ......... ·::::::::::::::::::::::::::::::::·:::::::::::::::~:::::.-.-.·.·:.-.-.-.·.·_-.-.·.-.·.-_-.·_-_-_-_-_-.·.·_-_-_-.·~.-.-.·.-~····_-_-_-.·_.•_._._._._._._._._._._._._._._._._._. .•_._.._._._._._.._._-.-.~·.-.-.·.·_-_-_ to appear before the Judge of the Cir,:eit Court of Rockingham Count)), at the Court House thereof, al 9 :30 o'clock, a. m., on the....?:'.1-:. ...~lay of_..................... ~................................................... 19... !..7 fokstif)) ..and..the. truth. to .sa})~~t[3i>~····································•··················· who stands charged with and indicted for a felon}) rrrisdemea1101. And this }Jou shall not omit under penalty of £100. And have then and there this Writ. J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the...../2.~ of........~ ...:.................... 19.....?....7 and in thel...?./.~.})ear of the c_ommonwealth. Witness, day Clerk J;~~···········• Massanetta Paper <1>· Co. Print FORM NO. 457 �� 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 Minnie Mae Parker Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with involuntary manslaughter (note: 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 1936 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<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_008 Parker https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_014_commonwealth-v-mutt-riggleman.pdf e1b0932d6326c05b43107b61baebe95a PDF Text Text STATE OF VIRGINIA, COU1qTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand body of the Court of said present that 1952, in said assault jurors County of the State of Rockingham County, at its County, nature by having Corbin against carnal the of the Commonwealth a witness evidence. June term, did unlawfully indictment order a female, knowledge of nature, in and for and now attending 1952, MUTTRIGGLEMAN, on or about upon Ina Corbin, This of Virginia, the the Circuit upon their oaths 13th make an and cormnit a crime against of the body of the said the peace Ina and dignity of Virginia. is found sworn in court upon the and sent before testimony the do day of April, and feloniously against the of Ina Corbin, grand jury to give �C0Mf101-niEALTH v. ~ MUTTRIGGLEf1iAN FEL011Y bill: June Term, 1952 A true V!ITNESS.J:S: Ina Corbin INDICTUENT George D. Conrad Commonwealth's Attorney . .. �JUN 195 ,::II, !/tf . Docket No. COMMONWEALTH of VIRGINIA ) ) ) vs. Felony ( sodomy) MUTTRIGGLEMAN R.S .Wright,Jr., and J .Lynn Lucas Jii~J!f:r:r:µ~~~itl~,r~tt~-,:________ Own (X ) Appointed ( ) 1952 June li,yj_ 30. Return plea n.g. of G.J.; I~// I arr. 8/~<,f, & ~-L-,.; ,~~~t tf~ O def. ~n. r -fir ~ o/- j p .. d ~ ~- • r° . 1-_p' /tJI ,:!!- CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. ��Comp. Form 18 STATE l OF VIRGINIA COUNTY OF _ ____..~~~~.....,. TO ANY SHERIFF OFFICER: Ina Corb. Whereas, Trial _ f _______ OR POLICE No. _____ To-Wit Jucticc Co ~t of the said County, tha,._ ____________ _ (Title) __ rim :e 0.1;. c.ssa:ult 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 color ____ Address __________ color ____ Address ----------------□ color _____ Address color ____ Address □ color Address -□ ---------------- _ -□ □ as witnesses. Given under my hand and seal, this __ ...._,'--""....__day of A QJ,.e.~m) (Seal) �STATE OF VIRGINIA-COUNTY OF to-wit: I. -------------------- a Trial Justice Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that and ---------------------------, to the Commonwealth ________ as his sure~----, have this day each acknowledged themselves indebted Dollars of Virginia in the sum of ------------------------------------- ), to be made and levied of their respective goods and chattels, lands, and tenements be rendered, yet upon this condition: That the sai_,_____________________ County, on the _________ of to the use of the Commonwealth to Circuit Court Trial Justice , shall appear before the 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 from the date hereof. shall keep the peace and be of good behavior for a period of _________ Given under my hand, this _____ _ ,19 __ day of days , T.J., J.P. ;. ",.,c::: (i 0 >-3 ... 0 ... tl'l >< " s. C. " r, r, 'O r, 0 "' "' 1;;::, "c. ... !" ;. ::r ~ < ;;· " >::0 ;. " ">4 ,., 3 s· ,., ... s· ::, " ~;. l1Q -" .... / I 3 g gn "' ...... ~ ..., .. .. Q. ""' n n t"" >-3 (fl >-3 > :x: 0 ,., ,., " ... 'O 'O ;:;'.' r:::r '< o' .... " ";. " Q. "' n ----- t:,:j g, .., " 'O ::, " ,., s· > ::, ... ... n ::, ~ ,., 2ti:, g- ::, ., l1Q tl'l ,., i5. n n ~ ::0 C. ::: .., E ,-I >::0 >-3 '< C. ~ n ,0 ::h s:: 3 ~ n :,,: t:,:j .... ::, (fl 0 0 z>- s= z >-3 s= 0 ..., 0z 9 g, ;. s· r, ::r ,., .., t, ~ C. "' >-3 ::r " 0 0 fll "-i Cl.I - 0 i .., "0 r, l1Q ::, ;:.· " C. �I, ........ ~ ......½d. f.l~ do certify that .•• .... ~~····················• .... '1:..~.! a T~tice/Justice of the Peace in and for the County aforesaid, State of Virginia, ~ ..&.::t.'J.~~·············································································································· ... and .... a....~.~ ...l:J. ..... ~. . ............... , as his suret~ have this day each acknowledged themselves indebted to the Commonwealth of Virginia in the sum of...~:::~~·····~····'!_·~(~.!.~ .......................................................... Dollars ($.. ./.,1 .. '2.~.P.................. ), to be made and levied of their res~ctive goods and chattels, lands, and tenements to the use of the Commonwealth to be rendered, yet upon this condi· tion: That the ,said.L./f.~ .. /::.~.~ ..~ ... (?.-:.~.f.~.~ ..... , shall appear before the Trial Justice/~it Court of.: ................................. . .. ~~·~·~.County, on the ...~ ..~.. ~day of..... ~.~·············•l9.C.~ at..~ ... f.. ....M. at../~.~ ..~ .... t ..~ ... , 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 an.sJ.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 .... .f'.£.~~·····1..~~.... :.... ~t.·1··~·~···••·············shall peace and be of good behavior for a period of....~.~··············days from the date hereof. Given under my hand, this .... I ..~....................... day of... .................. ~.~···············• 19.,r.:/ . G. H. 0 ,._~_-v?~1~\: Form No. 507 rms ~..~~.~ ~-~F.-.: ..;;:.;:~-<r;.ka:iJ ......................... a .... ·······················••1 keep the { .. l J....... P... .::...a::: ��Comp. Form 1 s I ST ATE OF VIRGINIA COUNTY OF---=~c=k=i=n= -n=a=m~------0 No.-2M.6.Q_A To-Wit TO ANY SHERIFF OR POLICE OFFICER: Ina Whereas, Corbin Swartz, has this day made complaint and information on oath before me, .s..J... Clerk " Trial Justice Court oft e (Name) of the said County, tha~~-------------- (Title) did on the malce 13t_h__day an assault ot___ unon Ina emale Corbi and and cor.unit a alnst nature Corr.morn.veal 19--5.2._: Unlawfully ~A-=--.p"'"'r~i 7~------- feloniously_ a crime • -!'litv- againsJ:; of tho th. 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 color ____ Address __________ _ color ____ Address --------------□ color Address _______________ color ____ Address color ____ Address -□ O -----□ ------------- --□ as witnesses. Given under my hand and seal, this 17th day of ~t.,~ April (Seal) �STATE OF VIRGINIA-COUNTY OF -----------------------, Trial Justice a Justice of the Peace I, ------------------- to-wit: in and for the County aforesaid, State of Virginia, do certify that and ------------------------~ to the Commonwealth ($,________ as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of----------------------------------- ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court Trial Justice be rendered, yet upon this condition: That the sai..,___________________ of ______________________ _ County, on the _________ 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 shall keep the peace and be of good behavior for a period of _________ the said from the date hereof. Given under my hand, this _____ _ day of ______________ ~ 19__ days _ T.J., J.P. ct:=..... rn 1-3 • c... N -.J ct- :=- Ill 0 ct..... 0 ::s"d o Hi 00 1 ~ ~ ,. .; ,.,. ::, > .... p. .... ,. "' i-3 ':11 .... 0 e. ~ .... "' "' ::, ... ,. 0 (1) .... E I)> ~ ... r C. I)> '< ~rn C: C. 5. ,. '< ... s I)> I)> 'O 'O n, ... IU C" n, o' .... tx, C. > :::: .... "' l),l 0. CDI 1-j ::,' ... d o' ct- o' ::!'I-' C, (') I)> ::, n ,. ,. 2., ;. ,. C. i-3 ::,' n, ::, '< 0 0 ~ Cf.I 0 ::s ;. ,. . I\.) • \J\ 0 N t-' 0 8 •0 • .... ... 0 r n, (') 0 IJQ ::s ;:r n, C. �Commomwealth On an indictment vs. for a felony (sodomy) Mutt Riggleman This day came the attorney accused, his Mutt Riggleman, attorneys, said court in person intervention find said charged all matters And it Mutt Riggleman, being six months being fonsidered offered inquired one hundred to this until said patible fine suspended in the care good behavior such rules required Thereupon, I as his surety, themselves, fit in the of their Parole the said /acknowledged ginia respects and regulations byVsaid prisoner if sentence it or is therefore the said Mutt costs to hard labor inci- on the ( 6) months and thereafter it appearing execution being for to be com- of said placed Officer a period as re had and the said Mutt Riggleman·s for doth on him and recoverof However, and probation court at xxfimfxmfi anything aforesaid, so to do, the of one hundred thereof, term of six for hear- and battery and a fine of the Probation court case without punishmwnt he be held paid. interest of sentence in all his pronounce fine this of the by jury to the of assault in delay the are and the and fustody suspension not the for and costs fix trial the evidence, guilty and that Road Force the consent waived the commonwealth dollars, with the public is hereby said that and with heard of the should prosecution, St ate Convict and by in jail or alleged by the court Riggleman recognizance and determine and· doth knew to say why the court nothing to his of law and fact Having in the indictment, dollars. and the commonwealth, of a jury. &NIDCID:m.N~xrudxarxxx dent the to hear accused, commonwealth, and F. H. Bl?.lmback. And thereupon, proceeded t the for to submit Jr., the and by counsel, and the attorney and ggreed came pursuant R. S. Wright, accused, for on probation this District, conditioned of one year sentence upon his and observing as may from time to time be established or Board during the term of such suspension. and Mutt Riggleman,JD1XHXHlii:x±n~x:icmn Albert B. Coby who justified as to his sufficiency, ttx~R§t§l~x§t~~ Emmx±l1DC±llx~m1~x:qc~:fxR±~RX1tw[ocbocxR~xbrxx:µ:~h~&]q: jointly and severally, bound to the Commonwealth of Vir- sum of Five HundredDollars, homestead exemption ($500.00), as to said obligation, waiving said the bene- bond �being upon condition to the Clerk said of this obligation that if Court to be void, the said fine wn or before otherwise and costs the 2nd day of August, to be in full • _.._,__ ..~_..:~-~·----~~~- __ .... .. ..._...__.. .,..,._._ __ ~---.-....A,~--..........!"'--"-•◄ •,..._,,,,,,,_....,_~............... aforesaid Jll-"'lAA..l'l.•,_-..~----.-f"" ..... ~ force are paid 1952, then and virtue • �If _/,G,,C 11/ _}, Ct,f Lv!u.-, <- @~(U,,' ,;: ( c'~ )c"" ft,.1 Y✓ ( t ,-- J £,;;F. /; r't-, I \..~~t ~;-I ' ,,4-, ✓I ,::?.---rt_£ I ~ t _,,( I 17 ' 1 , ,, ·r Q-1 ,l U b I t, , ,z, t 1 ("" ~· if_&(( 1 1 I . ( ~ I A - I _,,,-L--1 L I I, I , ;: I ������Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are . . of the Commonwealth er~mm~ame of Virginia to summo ,• to appear bef.QLs:..theTrial Justice Court of said County, sitting in said Count/~'4: ~/ ~ay of -~ aL:C:l:~~~~~~__JL~~~-,--_l.l,&,_____.'""'----- , 19 S½at the hour o,L....:=::...L...~'-----"~_.::._ _____ of that day to give evidence in behalf of_~_.c.L.J=~'-=-/1...=--=........,_.c ___________________ in the pending ::...._ _____ case of ~---"--':,u..:=-''--(::--L---,--------'-'-----------------------....:_ uoL. CI 10-Sl-2ro-Garrison __:_ __ v_ ___:_:::.........=~~----, _ 19~~- ,~:C: _ �Trial Justice Court 4 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................. . ..................................................................... J.ame..s .... Hal.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 .......... 29..:r..<J. ............ day of.. .......................... JV..l..Y.......................................... 199.~., to testify and the truth to say in behalf of the Commonwealth against ........................................................... . .•......................................................................... I.TIJTT...RIGGD J'.!\.N....................................................................................... . 1 who stands charged with and indicted for a felony JtmH~ And this you shall not omit under penalty. And have then and there this Writ. at the Court House, the ....2.3.r.d... Witness, ~.iFE~ft006~PEfiffljf:, day of................ JJ.J_ly................... , 19..5.2...., and in th 77.th. year of~ C mmonwealth. ctCanr1e·a1thr-s··4,ttorne,r·········•~~ THa ,aa?la Pl.I.SI, HAU,UON8U&C, ""· / vi �C0UM0N'.:TI:ALTII v. ) 1.Jitncsf' Subpoena ;:ITJTT RIGGL:;:lrlAH To July 22.4,, 23, 1952, at 10: 00 8..m. ~ If ~---r ~~~~- ~ ,P-- -~~~ l/Z> _g~c ' ~--L -.,,.~. . �H zo ~ H Z Q &XECUTED~ •THE COUNTYl;;;· ~XECUTED~~N THE CO~TY Ur ROCKING~foY DELIVERNGA TRUE ROCKING;;?"~~DELIVERNGA TROE co T I 0 0 d > z ~ >-3 ~ ~ s £i3 �., ,., • �In the Name of the Commonwealth of Virginia: To the Sheriff You are_hereby commanded to summon .. <. ..ne..s.t ......L~ ....... of Rockingham County, .J....J..:r.'!.J ....... ~........ ~ ...... Greeting: P..9~P.~9.~, .. William.., 1:r.Qic.o.fe., ..........t9.~ ...Q.(;P..t;r.Y, ....:..?.-.:r~.J3..~ ....~...... P..,. ..J.9.;........g~.rf...... ~,.. Willi. .....in , ...A!'!............o.rr:t......... ~¢1 ...Gha...:r.+~.$. ...P.~.Y.~.~.~., ....................................... . ••••••••••••••••••••••••••••• ..······················••,1••·····································•···········•·•·········································•······················· ......................................................................................................... - to appear before the Judge of the Circuit CpurJ 'j..Rockinf,hm behalf of the Defendant ..................................................... . ....................................................... . (Sounty, at the Court House thereof, .. ~...) ......... at IO o'clock, a. m., on th'2.3.d ... .ef,~yof. ..... ..l:u.lY say in ......... 195~ ... to testify and the tr~th to .... ' in the proserntion of the Commonwealth against........................................ ut.t ... :~) .. ' ggt.~m!l.:n. ...................................................... ~................... , who stands charged with and indicted for a felony ™.Im. And this you shall not omit imder penalty of £100 .• And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court Rous;, the ...l9J~ day of ....J.u.l.Y., .............. . 19 .5.2.., and ......... in th~'7.'7.1;~ear of the Com~monwea~th. _ . ,. :' ... ,./✓,,<b~· ........, Clerk • ��Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .................................................... :,;························..·························· 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 .....9.0tb........ day of. ...................... J\:t.U~.......................................... 19 P.~ ..., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ..................... . ..............g ~;i..P.:~.t ............MJI.'J'.'r. ..EJQQLE.Mf\..N .................................................................................. . who stands charged with a felony~And this you shall not omit under penalty of £100. witness, r~~'le.::afumt~ day of........J:\~P.:~ .................. 1~.;?...., and in the ..l?. THE SERVICE PRESS, HARRISONBURG, 'IA. And have then and there this Writ. ~ t House, the ....24th ~ir....i;~~~~nonwealth. ......... �CQr.TI:IONV/EALTH • ~ u, i~ . V. ) #·Grand Jury •. ·r l\IDTT RIGGL1i'UAN - 1-4 •• t1 ~_To June ·~ ~- • . (),;· : ~~;:,_~~ '?-i ... >< ,:ai.:a ~ #, C> _.• ., - •✓ <. Summons • 30, 1952, at 9:30 a.m. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ............................................................................................................................ . .............. Jng ....C..9:r.P..i.n....... .Cw.m:.k.$ .....gJ;.....K.av.~nau..r:;h....Hot.e..l.) ................................................................. . 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~;3..:r..d ............. day of.. ................................ J:u.ly .................................. 195..2.. , to testify and the truth to say in behalf of the Commonwealth ..................... ......................................... JW.':r.r .... against .............. y~•····· ..... ~ .........•.................. R.J.G.GW.J.~.N .....-······················"··························•······················· 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, ~m~IQi.@JtalM:Oilf,t!~'li! day of. .............. ~P-JY ................... , 'tHS ··••acR PII.ESS, HAII.RUON•uac= • ..... -~---- urt House, the .....•lO. �COI.11'.mN. JEALTH v.) ,Jitness 1 Subpoena l11UTTRIGGLEH/i_N To July 23, 1952, 10:00 at a.m. �In the Name of the Commonwealth of Virginia: ~ To the Sheriff of Rockingham County, Greeting: .E.'.ne.~t..A, .Lamp~ ......A •.._w.....ThQmps.on,~ WJ.l.l..i.q,m ...Ki.r..~.~···N..~.w.t.on..G:e.nt.r..t.',. ...Mri.r.t..;s..~ ....L;;i,mp, ...J..o.bn...Hµff.m~q;i. ..,.. WJ.l.l..i.9:m ..K1.ng_, ....A.!....L..~ ...M.o..:r..:r.;L$., ...D.e.:v.e.*-$., .....~ ....":..:........... . , ....®.Q ...C.n.~u•J.~.R y OU .,,, hmhy com-ded ;,;;;~mmon . , . • ............................................................................................................................................................................ .. to appear before the Judge of the Circuit C9urt of Rtclingham County, at the Court House thereQf, at IO o'clock, a. m., on th en~, ,.'.,Jl)····day-of . ........J.uly,. ..... .....,..). 1952,, .. tftesjify and the trntJ/!to / ... say in behalf of the Defendant in the prosecution of the Co1114:non~alth.against.................................... ·.,.. .................................................... ············· ................................ .. 1+.f.t ... E.;t.gg.l~m.~;r1.L ...'............ ' .........::_ ....~ ....... !, ...............~ ... < ..~ .. ~ ............... who stands charged with anyn_dic'fd And this you shall notr2 ~..... ~- •• ?!';~· ,............... t ,······ .......... for,rP,felo1Jy _1mder petf'(llty of £1 Witness, J. ROBERT SWI1£ER, .............. ~--··., . 1\n~ bafe then ·and th Cler),.,of our said Court, at 1he Court Hous day of ....Jµ],._y,. ............... 19 ..5..~., and in• thJ.7 ..... ······· /,Ill -:. ·/···· ~. �__ .. _ abode.. usual place of age of 16 e th ve abo his family ·n h<=1r. e, place of abod Nut nnoing. ·o rw, .... i' : s f�mffYabove th,3 .:i.ga of 16 YE:!·1rs. IIISIJctJ Pla�a of r';, place of abode, >lf/fJ, .1..l I_.� � ..a't n1s u�u..., 4 �TRIAL JUSTICE COURT Criminal Docket N~ 9460 A Com'th Defendant a_,W• Appearance date ... • .2...o .. ~-l... Trial Date ~-~2,7,,,~v ;L~J?M �$,c,PP· f;rt161JaL ~ (' 4-IN &c,,,> � 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 Mutt Riggleman Subject The topic of the resource Sodomy Description An account of the resource Defendant charged with sodomy Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1952 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<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_014 Riggleman https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_002_commonwealth-v-noah-halterman.pdf 9eda4238130fa5a357c92e1d306b0f41 PDF Text Text ������������ Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Noah Halterman Subject The topic of the resource Buggery Bestiality Description An account of the resource Defendant charged with buggary (note: animal abuse) 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_002 Halterman https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_005_commonwealth-v-noah-thomas.pdf 8fa71d4d64e6fcc7d4d091324a087c41 PDF Text Text Present: Hudgins, Co Joli Eggleston, and Whittle, JJ. Spratley, Buchananp 5-nith IJOPP. THO/AS LEAR OPINION BY JUSTICE C. VERN01~SPRATLEY ll Staunton, Va.j Septo , 1953. -v- Record No, 41180 Celv!MONVv'EAL TH OF VIRGINIA FROviTHE CIRCUIT COlRT OF ROCKINGHAM COUNTY; Hamilton Haasp Judge. Noah Thomas Lear was tried Rockingham County, he, "on or about force Virginia, the carnally said Ogretta pleaded * .." not guiltyp found him "guilty ed his punishment -l<- did make an assault, and feloniously Code of Virginia» and undertook as charged at seven years tha child of the age of thirteen Jane Dove 9 unlawfully * which charged Jane Dove~ a female to-wit, and feloniously know and abusei The accused The jury unlawfully years, Court of 1951, in said County, with and armsp in and upon one Ogretta (13) years, writ upon an indictment the 17th day of June, under the age of sixteen her, in the Circuit and did 1950, ~18-540 to prove an alibio in the indictment in the penitentiary. 11 1 and fix- We granted of erroro The assignments refusal of instructionso of error Before relate considering only to the granting them,it will and be help- �:) Q O .., .o l o'-' t, r ") I - , .., • .I .J' 0 J ;. t tu rl 0 ::m n ) J' :o 9 J. r, I , ,~ - - 1 ) t . ,.. - b. '-n - .J '- .,_ .Ir -n srt d 1 r. oJ y_n :: .t ~ '.'19 .t e ( c., .... 1 - 21 ll .,_( 93' ...., ..,_ '.) ,...,- ;.. :r. r . " 0 r ' - 'J • :....J r "' " ~2 Jx . 3 .., 1"'3J"'Ii 'X'J ...,. 9 �ful to consider form. ~tis otherwise the evidence necessary contended ing witness and her sister charged, One of eleven the accused until in Rockingham County, as far one-half a mile from Bergtono the father that said he "courted her some~" 1951, Lear, together relatives years incredible. 30p did not arrive 19510 at At the time of the but thirteen years of age. at the home of her parents Virginia o gradeo She attended in schooL 1 be- Noah Thomas Lear, Ritchie the about certain timep Lear worked at the home of Jess Dove 1 Decemberp 1950; but that sixteen of the prosecut- In Junep 1951, and for of the prosecutrix, the rest of his defense at the home of Mr. and Mrso Willard Ogretta that 9 as the seventh lived before June she lived accused, periods the testimony she was, therefore children, ing advanced that than would in support is inherently years to us in narrativ out in more detail Jane Dovej the prosecutrix~ the age of fourteen Bergton, since in argument Ogretta offense to set it be requiredp of alibi which is certified as a farm laborer she first became acquainted she came to know him better She testified that on Sunday, in 1951, when June 17, with a companion» Guy Dove, came to her home; of her family except of age, were visiting in near-by with Lear in West Virginia; -2- her sister, Katherine, then that day at the home of that Lear and Guy Dave came �I 2 -· -;-~ - o.:: ... sGz'll 2 _-;: !:,..1.Su i,.,=:;C :f~G :u: f'" ',,. 1· .... r T~ . ' - !' C -:-ire ~!1 r·c:::. 1_ ', ti~ '::12 t,'3I. ·~·,,( ~jJG 92 e,. - ~-:i-T':6 ·) c.. 2- J _,,2 ~ ~ C. -· j,., -:LICTM.f.f-'UG22 'i-16~ SUO {.i!J " J: • ~•-f -! C. fO·C0~'2.[q61. '-- 2 C"G:t J +!lf' i r.o G."~·qc_,'-- f,r, _ ri.. G 1 '2'j. '.[t,;µG::.G f .f. o., ~ MUGl.J .f.J 2 2 :";Oi\C- ~ GI.+s;·u OJ:. .:_µow~2 o~..... T fr': 0r-Q1l.f-' \.., fC!'i I ~ +JJ 2CJJOOJ l ~~ ::r ;J_~2 •; g:;: '2 Ot 'il S + ~·pr. .. UO.f. ~- '"''I -l ~f ~LLfA6 ·uc:c.eq .fPJ6 • "" + J~ .f-.'J -G9I.. O:;: 1 q{q ,..- ' ' _I, -,- \ l " J'"'I.-~t L02GC~iL[Xi .f62;.rwo +~G sccn2s\ 26-~ "O': J ,illG U -~ +JJ9 2 ,-u CJ.! . ~ [JOL'..JG: r ::-.;:ir~ 1•r, -[ OW6 11091] fJGL r, 8!'~ ~-+-f-8 :~1c:; ...·+· ;t·t. C .fC . -.:-1:.:r:.-.q a::.!?'a6 ° r• r _,...., ·r -:-- '.f2 u!_,..,L T '-- +..GU -f-fC~~ T ~~Tl /.T:·. J _-u~ ~ • J {-.,... V- L r: TS'( CI.G, ... .,;[T,.. 2:r2+6T. .p; Ol 9J~P-. '}_rlUG ~ ;_i; C,}'.E'.:. 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DO, ,o r:i;o, O"- r Kc-+:LLF.lG. .:-.c+ r~cst;_;c, sca.n~-: --1:cL~ou ,.. ; OI (.. :::...o <..: t ::q "'' -rrr • " i:} -~C 2 -~·~I~ -t 2µ..:- C~.11 J.,0 L.EiC.~ 1;:: _, -i .T ~qt,9UC6q c· ~ .f."9-~ 23 ..... .;: ;c -oI.& u.l6-;.lSJ:E l.. r -.--;- ct ~00 2 J, rrr+ .f-JJ( g; 2r2+e;I..~ ~Q•,l u guq G· .. g:., -i:·-,9-'.-' q9,\ ;r L GXC...~~).f . 201Ur~ • II J(1~·r,! r-ci=:L.:t'GL" 1\f 2-:- ;1uJ AH:?,6 c:;.:: p6=-- -I.9lli-:T.-" 2.f • 7r .r -· ,A·p:.a-:ru:rs! j";l6 2; .,lo,.-- rv 2n c::-.<, ;:_, C [,=..f .-f..f6 .r:µs b::.02 01 OL!: +S o~ C .fT +0 L.;,;- C'.€{:_6:J'26 !,.00.Jq t!2 ;u 1J9I.I9 +:i~Aq �into the house while she and her bedroom combing their on the porch while later while hair; sister, th2t Katherine, Katherine she and Lear remained and Guy Dove went out in the house; she and Lear were in the kitchen, carried her into course with herq complainto her motheris made no outcry, Lear and Guy Dove left, and that Lear picked bedroomR and there She consented, were in their her up, had sexual inter- nor any subsequen and the two girls then went to churcho Ogretta had sexual further relations specifically testifiedt with her upon occasions on July 8, 1951, he tore of the room where she was sleeping other /sisters; foot that he did not bother of her bed; that and that lation~with without when her sister she and objection» after the screen thatR KatheLine went back into Lear that off the window with Katherine her at first, that and some of her but lay across the got him out on the porch; the house 1 Lear had "re- her on the porch. Ogretta also testified that as a result of the intercour on June 17y 1951R she bled and some of the blood got on her under, clothing ting that she first and on the bedclothing, adding that day; but no one seemed to notice learned that she was pregnant -3- she had been menstruathe blood. She said that in July~ 1951, when she e �-- .' n: 9[1J- .I. .., :; tqu ., 1 bns fortt . 9:£9 r, ,.,,.. ' , r. V ., .r.:.. '- 1o erLJ- ' ,. ' ·.:oq -s d b r.j- .3 ~ J .:!2C..i::::>S 81_.t . -~11 no -1 JUd r ' t j· -)I . ) m L pnJ-q9 l~ J ::, - 1 ' r ool ....."l1 '9r< 0 ,. - ..:o J . .iOJ .u l !:, ri bJ..l..., . 3 ,..,Jr J ~p; •"'.1 ~<-- .l. .:e l ..:o 3 ... ) j· '3 .) ·..:') J ~. c -- .0..: .., ). - .J . ...,- 0 J. b Is . ,J- • ,l 2 ... ts .:n3 9. j· -.;)~-,... f ,.. ,J, ..:r .o 9 ' r 2 r...,.....,.1_ 00 J:.. .2 f' .:9~ ~ '- i 11 f 3 e>u...: ..,. rlj- 3·2 ..~~ _; ! e ,1C _:; L!) ·r,::d .J..-.,,1..1J ) ·~ bnc 9nl--:9 J ·:::, -c, 3i 0 -:c...,- 9ITT02 B . q '- ':) J o~- i::i -JL.,Ofi ~ ' . _::").Y 1 . .' ..,.• . ' 0 ( tsrl,. .:9 L • J , .. -ms·..::.c rU :~0 <., " ' gr:{2 J. rt) rt· nl b3 orl b·~ r .J~ l ~-2 _.a . 'I • . :; ,,. t ... b ·i.: . 5UX')J 3 j- ,. ·o ; 93 • JS, l tn.: . . .::::>•j- ,.. t •. :;9.:_J l, ,,_-b r r: .J.. .) JLO C J .;ns . e-::: - ....- .) u ......J �missed her menstrual 1952 9 because periodo She stopped of the a proaching born to her on April llg birth 19520 childo for her pregnancy; She added that and had nothing intercourse witness matters. Ogretta The mother a lot." said She said unusual sne returned about the house. Ogretta of Ogretta upon incidental she noticed the accused she was absent came to their talking with Guy Dove. fact of 9 except Ogretta that home on June 17 9 1951 0 "talking to and Katherine, but noticed about Katherine, s testimony and collatera from home on June 17 9 in the evening; She and her daughter, 2 1951g There was some corroboration her bed and didn 2 t bother Ogretta of her time. nothing the other said to have a date with any boy or man except corroborated accused late she Lear was as to the actual 1951, with her husband and children and that was that he is the father that testified with the prosecutrix by the mother and sister positively the community in August, to do with her after No other A girl boy or man; that and that Lear left in February~ of her childo She testified had not kept company with any other responsible school the accused beds in they never knew Lear 0 Katherin and Guy Dove She heard Ogretta and the in her motherYs bedroom as she sat on the porch She added that they remained -4- in the bedroom about �q I 0 33 J 3 9!12 0 ,.J • 'I9!1 .J.. I IO l ; .,'· r J • J -- 0 f '\ b[ -, r t, r .x. ·.rJ-:: ·2 :..· c, - .,_ l. + ""\ - cmor1 r.r:::>• I j- 093 ,:- 3 _ - s -bl.i:rb - 1 + .... a. r T' n ,9[l)i I:;, ,'9f1 .: 'i 9 f • .t ·1 OVOu {- [ J J -.... °"...:39 ~ j- .li 0, s bs2 ' 2X9 ::)::)6 • ·- -- 6. l .., .t {O ·'· J .; . J - i.:. ,LJ! UV 'IO ,t f () .., !- ·- L,.6 ,J 1.:_ c )9 - .. .r ' ') . r I - - _,__ U£D 1. .. . ...,.. •~· 3± - n~- :J ...:-3 _. -· 3 1 J .J !1 'C o:J- Q, - �half an hour, Katherine also home through and when they came out, remembered the occasion confused the exact Ritchie Mrs. Willard that testified that parents and saying at Conicsville 9 that Virginia. left Charles Byers, for Charles the defendant. car, there three of the prosecutrix. He returned during Lear and Smoot were called They testified that as witnesses they went to Bergton said that of the follov·ing they were with the accused fusion they all of evidence as to Lear's testified and their tells all us that on June 17th. they were with him, they testified on Each day" they •were in great ovm whereabouts -5- and stay. home at Conicsville. The certificate whi h He then left June 16th» and took Lear to his parentsi I tak- He was not at her home on June weeks, in November for a short her he was going to the home of his to her home July 1, 1951, and stayed returned left Lear's day. the father the Learp and two 17 P 1951, and she did not know where he was that time he ~orked for on were somewhat the accused Samuel Byers and Bobby Smoot in Charles ing his belongings their date was July 8, 1951. home on June 16, 1951, with his brother, friendsj Cgretta and both she and Ogretta as to whether unusual room and went to sleep She did not recall occasion, nothing when Lear came into the window of her mothervs the bed of Ogretta. house on that she noticed conWhile they were �- ,,_ 2_r ·~ rs .... •• .f:TGi .. - ,~ -~D r-_'--·Ac " 2-! <.. C:.'..'ifq -f-:·1::J, -;- t 'J. ~-e,:- .f-/6 ,. ) '"'-1 C{CIGtJqq ,·_c!lC ~ ! 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O~J+ N.._:?,C CS j JC • : 11/'/t '- r-r• - rrT ;__... +O J- -i- +i-6:{,6 ~ 1r,, , :J I .:-~ SU (" l ..... }' +~f(-:-" f n:.u:;u::- ,_,~ ,~ T -"·1· --,-..... -:- U' ..._. t .,( r ~ I •; Of _, ·; C:.l f!Uq WI. 2 'Ci'..-: f3 :i:L; . ; !- -~q: !-6 C.ud:':;J26C: .,;J ,,-, f - GC + V . "l u ' 1:1·s " ,.,.. ?[Jr' ,..--:... -;- '-- ~ C~ -. 2jJ Jc,"t)Th Ti - :::. L~--- :J ,c;·c z _;.f-I.:,.,:::,o; p_ CI.. J~:""" v.. {Cl, : JI;) r;, I""',..., 2 3C C..: 2GC fGS:,, J. ~Jlj)· ~ J t ... .a.. J I.: -· - t',1]:T' .pws ~:~ tT'".,/' - - ..:" C Ef,r:· S /-,',! ;- -r .;-s2-r.:.-I:·cq +Pc_;, ti\.C:::..5 .fjJS.\ "l - -' c:- r .... CI. p._J.l;. i: f T., o.r:,1;Mµs:.:.c~pon.~ 2 OlJ 1•· '"" -;-J.' '- C) t.~!fP ."H;:-.G 0 Cl,A 2J6 0" :.'"JJ+O f-JE" II. 0.j;U"fUO .un 219J •• �with him at various place sQ" in the home of the accused Byers said the night them were with him at Conicsville said that they remained he and Smoot stayed of June 16th~ and that all at Bergton that of June 17tho about half he "knew that Lear remained Charles Lear an hour on June 16th and then took Byers to his own home at Mt .. Jackson~ said that both o Virginia. at Conicsville all Smoo of June 17th." The ace.used tEfstif::ied prosecutrix Ritchie ville until that June 16, 1951, during residence; that with Byers, Charles on June 16th, to Bergton until the father of the which time he lived he went from Bergton at the to Coni s- Lear and Smoot; and tl:.at on the followin day he went to New Market with return he worked for July Smoot and Charles 1~ 1951c He stated Lear that and did not 1 he was at th home of the prosecutrix on May 27, 1951, with Guy Dove, but was no there He denied on July 8~ 19510 the prosecutrix that he noticed with was on the morning of May nothing out of the ordinary on occasionQ There are two assignments giving relations the only time he was with the at the home of the prosecutrix 27i 1951; and that that sexual at any time. Guy Dove said accused having of an instruction the other to the refusal of error~ at the request of the trial -6-- One relates to the of the Comrnonwealth9 and court to grant an instruction �-0-;--_: O.;.jJCT, ruC; or r,, ~ .. .. ;?~...J-~oc.c:: C: J/·~r: ~ OU ~v ~ -tF8.f-' '.1;, guq l + re! ;o V ,.. (" .J-;- .. 0 ~ +C ~~ .Jf' c t,C X .!..JJ6 !:·.:r:-;1c..no;.· ~ 1J OI9Uf +:-r~ ~::q COG:L".Ol'h'C~J ~ Ql' ,_J£; ;£ +o 2 ;~1 O:.f= Ol uc;;..!vJ f}~ F~ ,..( u ·cc '11., L ~••• 1 ' ~ .l. J·1!;.f: ~~ =-t !\ [ crs:r...JC2 J ,. (, .r!J ,c. C, ;._' ..;µc !.I( N:S 2 M-.-.f P -r:;e:, ICJ:'.:.:f01J2 -'· J('~ ... 9C.C,("Jc;;.;.q,.fGZ"f[[:fE:'.:j' SC~n:;J ~ NT 1.:0: ..,1 suq ,~ '!l. QT "!·... t•H"f - ......... t J 1 ~..... C~J ~ !') ft' !.."'s2 :.. c.p 1 ~; c ..f-' jJt.> ::,s 2 I .r-;1c qTq :,o.f. suo; -:-}Ss; OU +JJG tOJ"JC.',;ru W, I'G,'+ r-:.ir;l.'J f • ' C'U,,Uc" ~ • +P'.J.f 1 ci•s r. r c,2 r € s T..~ sec: c:!100.f.'! 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PO+µ 2.f'S,\Gq �requested by the accused. six given the jury Instruction to which accused "The Court instructs beyond a reasonable Thomas Lear, had sexual fendant intercourse regardless in the accomplishment that Ogretta from all that with her, that they believe guilty" Jane Dove at any find the de- was used by him of whether and shall fix or not his to the jury." the jury reads: that charged before the defendant in the indictment, the evidence they beyond a reasonable doubt Jane Dove was on the 17th day of June~ 1951, under intercourse Or about Noah her consentj which was refused of the offense the age of 14 years$ unless the defendant, or not force with the charge "The Court instructs must be satisfied from with Ogretta of whether The instruction as follows: if you believe of such act and regardless in accordance can be convicted reads of age, you shall such act was done with or without punishment that doubt that she became 14 years guilty objecteds the jury the evidence time before No. 4, the only one of the said date, on said date the defendant and the Court further had sexual instructs that the offense charged then they should find the defendant the jury took place on not 11 While the record shows an exception -7- was noted in each �- _·p:. rJ -T r 1 ~ J ·,-- ' -:P~.;: ,-;,JJ( '.: ( 2 ,,,. r V. C r- ...r• ~ ' ;. ... r-r T J --1 T~ i: '- -~.'-S ,. cr-i· .,., '-" ~ ,.>., C - ": IF. : ..J COUA.fC ;J ~ ~ l, -.- ;pt., ': ,;(J,JT.;.r ~ S 1 ~CT .:Ut'i ' ..\ ~ _"'./"ri C C~') ~ • JL ...-. -,-1 - .I. sA:rc;6ucs ( • 2 r 1. =,- "'_r: c- i. 2 p€,\ouq o.-,L.f.' -,rx . nGl: :-p.::; 1n::.:.? :csa;c c'.j:6 P}1 .' T:: +UGI ,....,.., .. -;-}-)~ T.~+P c;s1\ -.t.:rqct:c.,.... ,u 1q ..i C .r-·10 j c-- !:"! . -· ~-':'e, ot !: . - rgr r • guq o~ ~ ::::.-:.,.Y~. 26 .fi.1 ;:;.p:.lC-f. 2 +:l'C 9e,c •. 2~0 • .; 1 "!lJC ".t\OIJCj 9cc.r:2-q flUQf':i. 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C::! +E. b ~;:: _f:t:::.co ..... -, su 2 li 0 1-f.: 2S' ("'T or 2; 111 o:::- - -fc'"'6 :rcco1:.q J:j..'G 1- fl.OW OJ~ Cf/\ 2 ~ OU€ CIIt.- .rtJ6 •• �instance~ it was assigned does not show that to either Rule of Court l:Ba grounds for that argues Noa 4 referred offense him guilty event, offense clause the of "before charged, they fully that to the jury might have beas of July 8th, He overlooks she became fourteen him is that years the qualifying of age.9 11 v·hich ir1mediate~y and the fact of June 17th~ that the only offenset The finding of the jury as charged in the indictment" comprehended the plain, simple and precise read as a whole. -8- in was then betwee was "guilty of the instruction and, only for a lesser of ageo years against that as applying the prosecutrix charged the accused by the jury because the words "at any time," that the words "at any to a vague and indefinite to be convicted follows language that from the language that only 6£ the act charged and sixteen 9 contends he was subject than that fourteen by of July Bs 1951, for which he vas not in- He, therefore, lieved as required here contends made are apparent and could have been considered dieted. i hm~ever, specifically in instruct5on the alleged court refused. The accused date ground of objection of the trial The accused, the_objections the instruction time" ruling any specific shovilS �CHll,O'.: u I ·o s ,.. .{( .zL---0' '· -11 .., ' j- ' ! .... ':- : le' r.: ;. J- [? ,1 r{J o·.d: t l erl.t H lf t C: 39_ 'J. t ' ..:- ,11-,.,_;..• or r. f. r r ) y:• :I3'I9- l :t J - .. ')')) ....3 [ n ~ T . .::r'"'',...,_ ~ .f) "l ✓ 't z bnl.Jo ,. 1:0 r ,_ ) .- !I ') r '1 ,, 1 :; 1 ~J ' • r .... -- ~ bn:itno') n C r . r ..,- ~ ~ l • 'I ~ ::J .. ·rrc 2 I J.C ), 'l.110 ::- 1o .., . I-. . ,tr II ,c ., . r ,. r,l:::J .. ,' I 1 'T J . .J Tc - J- . ... ll - j ') l '.') ,:;. s2L t . ·~ ) ::. "I . -.,l ..,1 l, T - c.B -l- ,. j T ,1. _, j- ,.) C , l' - (' II ~ ~ ~ II i .•. 'it, 3 .1 ., ; ,_, - 'J . . cJ-2, ") ") (,~ \ ., ~ .. ' 'J ;l ,~r l - .. .., r J 3 1 r, ~- - 1 lo t i· t Ja ,i 3 t~·u .: ( i, ·- ,. l{ t ~ 1' .., -I . ., .., ... II ') • r - . 1: ) .. .,.- .,... ,.... -. r ·.. .J 1 ... -. J, .,· 'T :;:i.r. '" '-'· rd i- - ... ,. - J '. �As a general the offense it being of rape, sufficient rule, time is ~ot a material and it need not be proved precisely in prosecutions under the age of consent for is necessary is that the crime charged. was was under that Jurq age. co□mittet. c. 75 J. on females of the offense age. All entiretyp within the period ., Rape, .,451 (J), show that when the female page 515; 44 Am. {ape, i/53, page 931. consent of the rosecutrix knowledge of a female stitutes or with stances v·r n ·n·a, her co sent. by the jury depends The degree of the carna years or not the act be accomplished or without con- against her of punishment upon the peculiar circum- age of the female. Code 19~L, Jl8-54. In prosecutio~s for rape, upon the sole and uncorroborated and this 0 The question under the age of sixteen of the case and the particular of Virginia, rape. is immater·d1 chil~ rape~ whether to be determined -years. in its of as allege under the statutory the evidence~ This is a case of statutory will, the offense to prove the commission on any day when the female w~s still that ingredient is true The weight an accused testimony even though the prosecutrix to be given may be convicted of the prosecutrix, Je a child to her testimony -9- of tender is a question ex- , �, I -- n.:od .::11 -- 01 " .!. - . )6 ,' .; '.) .,.r Jv ed~- .:o n .i.a ...... o) c-n9rlo ._ ·-.i:u:-- ~ -~--3 --i- ·.:..1.s.r 1 __ r r .[• '.J- =....L c! ,; j_ 'L ~ ) C, ~ :;.,,).:. ~':) ~ V'- ..J '1 . 1 -::.. 0.:. ~ v • ~ t.l.l~- "_:_\,l;~.... J. J9...-...: .fj- .tO no.u·~ eup ..., . J J 1 -. - ) .... n .. J rlT - r JO. •J :t-.) l 1- J !_ \JI 0 JZ •l J ,; l.- C '_'f') V t J .J. .; ..) .' ·u vf .,..L -, l - ,_l .'.1 ' G ...l . :r ., .., 1 )..., xi~: ' O, ·, ..,,:,,-- .i~-(J _. j- _,:j! q () oj· .r .J, ) CJ ne.-1::, ed o ... - - Jj o:~ - '· ,- t ~ ) ,.,._:,_ V b n: .:.J .c,,...., ) ,- ., r 1 .... a '. ::e, . )_ ~ 1 _:< '.J J 6 ··- 'J '. J lv - . _,_ _:; I .J ~~ ~c -~ . I, �elusively for the juryo ~.~ Givens v. 29 Gratt. 70 Va.) 830 9 835; Stump v . ..QQ.m 137 Va,. 804, 810, 119 Sa E. 72; Addington Vo 0 , 161 Va 0 975, 977~ 170 ~Q~ See Bailey s. E. 565; King v9 .Q.Qillo9 165 Va,. 850~ v. Com,. 82 Va o 107, 114; Smith v .QQ.m .. , O 85 Va. 924, 927, 9 S. E. 148; Glover Vo 86 Vao 382, 10 S. E. Comoi 420., The evidence sexual intercourse it may be said only by the testimony upon certain no denial that 9 committed of any other the prosecutrix mission admission prior is not here contended it was offered as corroboration ±he parties. Neither any offense occurring after charges to the fourteenth acts only one of intercourse, birthday of It and its is conceded that and familiarity nor the instructions the prosecutrix No was made to the ad- of the intimacy -10- of age unt 1 upon to defendQ to be erroro the indictment years is the 17th day of June» 1951.," No objection of subsequent is supported However, there 0 The indictment accused was called offense of which is corroborated matters "on or about was submittedo of testimony the verdict was under fourteen on June 30, 1951. This was the only offense evidence that and collateral the prosecutrix an offense and is to the fact of the prosecutrix, incidental her birthday act is conflicting, became fourteen of cover years �-T :+C ~ ·-..:r,_ '). !=J ::-.._; ~ "lJb -,- c:c 2 . g ;:• 1.:r:_-t_C1( r2 ~ t·:r--:- J' C.~',.. c:.1 Oi: • rr ~ ·r ► -2 .·oJ,} ~ Ct, .....,...- r: ~ sc.~i ' OLI uo ~;. ..J;---cI. c:;: I :112 l ---;r-; -~ - 110 • !J"q ("C_i,j_~~·l"T .,. i- C, - '" I ~" ... ~ ) ~ C -f 2 ' Z'.:.._;g L' -:-~ :a ✓- ~r _pre: ~' T '(: C" ~ ' ' ~c,- G ·,i ucirua• T c';'J • u i ;.Ts OUJJ , J\6SL2 9 QTt a6 2 co~:::.0po~ g f 2 2nb. ,.. -P'6 r ,, ~ '·· V -! 2 -~ C'I +6C-: Of r .......-, -·- :liJI',.JiJJ • f'Lt('J. l ;:y·. ~ .... r;~-1~ '0. I•• < .\ . -- "), l " ..,c.e:;--·----~ :J9 .f :;6!, _I\. ~-"",fC!: ---•-•----- .! • , ,~·t,:,.::· ;;s ·c(.;:::-·) /1.S • * •-;._~~"':'! l -· :re ,... ,...,o~~ '":t"'."'f,':' .,) ' 1,J IQ_\ i :'."T"-.t:-,5ij"-""+~ '-,,"'---! • 1, • . \ Ct;- ...) )-,'?. r ~ . ~ 3'1: ~nz r. .. ,-.- IF- ::. \ ,J~ ~- ~ I 7:>filo~ -~oxj -r· I ~ -- '0 " _, J,, -. 2 • ... . -, i / ;)"'r •-o' --iY 'K~·u5 A• TT . -· .,.. ...-w. .,0: JO;-> fl.9• i '"'(..,.. I I Ol (Y ~ ~ u ~ ;1j_16 <O.';\G/\GI. tJ •; -:r r-c • "T iO!:• :·, 0~ .A o:;:: -c:::-,c:TC..; ' . -~() Of f]L .f.!;9 -~ _:i1•q "~La62 I p~c T .-...T.; ,.. T0n:L..rG6iJ ,:. .-r_~:-'\, c..-.>~: ··'. ·c .•"r;. ;- ) - ,._, fJC o~• .fO 0 - ,.. :, ·c- r2 11,, co:;-r=-r•'.T-CT r1s-_f.(-E::".'C.c IO 20C ::.~~ r:::..rG HJC rruqE":.. t,C:}2 ,. ., ~• r, _., .=:. ~ ..... • J C..C. CCUCCC]GCf o.:. T''fG:-con:r £l.7i6iJ."..' q TC . ' ' ··:5 ~"'C. ~ .. 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Moreover, "Lear was tried it for is stated only an act taking Ve conclude, granting repetitious The jury proved thereforep of instruction the instruction No. requested in part was not in questionQ that 1951. them that not guilty" 11 and misleading, instruction the offense first the accused they believed said datey (Italics or confuse added.,) told Jane Dove the on the 17th the jury had sexual should find held that 0 with -11- took the defendant were confusing No. 4~ which tends or which is contradictory should be refusedQ that clause charged instruction an instruction to intercourse the offense Tne two statements in conflict the jury given ''that then they and the first already must be to contradict years parts. her age in the £arm of a question that We have repeatedly to mislead in other on June 17 2 1951~ and in a following unless on or about is The age of Ogretta The instruction "must be satisfied" with the prosecutrix place that in the in refusing This instruction There was no attempt Putting error and misleading doubto" the jury was misleadingQ told was no error she was under the age of fourteen day of June, they there by accused4 been instructed that on June 17, 1951." Nor was there 4o "beyond a reasonable of the accused place that and confusing had already evidence in the brief of an 10 M~ J.P Instructio s~ �--:;J- •'-+"!·o _r·T,;C.~= ,.. 'T ~- 2JGS-C lOL':i:!12 OL (I~ f' ! ~- -~A • II _, .::...1.· - '' ,·... .. r'lfj:: -i t.,:c.c~ t - 4 :+ ~ 0.T -. ~ f~";'JC 1,0.f ~· 2 ~r;a .. ' J .... (rll ,P ·=---T -~ ccn2c- +J.;G O{ {Of;:::...Cf'ClJ ,\','.:.2 uo s .:.1:n-~Jr ;c -r , 'J ,...Jqi Pb,.,..,.. - ~l+ -~ ,'19 ~ ..., \.., • 1 ..,J -~ + or~ ~~ 1 -;.::~6(; {O:,: PJOI.60/\6:L 1 :.., . j c c·o·_,• n -c -'~: 1-r J1 ~ T I.,+ C"f9 -~,... i -fU 2 2 .f' -;-IJf'T.6 +9'!<=!" 0]".JC6 :ru ,fj.16 f,?,;rEf, .f.'OOr- c ~ .: rra -n•c·-r: +'.JG g cne l•G9L2 o;· 2-r:~-o;i +O .q,s I -1.P ., (' COl'fI.S"q~c; .I.:: fj :; 2 ·- ':_:JU(' "l T';Of - re c..f bs:-,.r-2· '! 2J6~ £:"'('< " -f./J':;L6f.OL6 OI.:J. - ' t.J _f-lrr rT-T ('t"- ~ fi!.f.ELC.O..,:::C:E, t. o~:-C,f-;£ s +,;, --·2.'Tfl ro••rr;,,.,i--· ~ . 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MP ~c-• rroJt! c~:~ :r,.._.-i nl"J-t>2~ ;}'~ + pG ~ ~' 2 ;pci .. ·c..2 '"7"' _.,, w·'" C'S! ....-~, ..c; --!· .i.; ~' ,,. l -HOJl; ~ re.' .f P6 ;_r<:: ,, C r uPCC'/ .fS( . - T, ,l ~ ,--, -9c., 2:µonyq E"i.J ~-u 2 _p·,nc Y~.o: 9' 2 IJO 3:-C~ r: 2 6T..T,OJ:. T , ~,nuc c:::: -rP(; .; 2 0 -.-'! - ~ +}JG -~ ii ~ e,, 2C +JJG.f- �- Lear 27, page 228, and cases citedo Instruction No. 4 adequately in- Vo Com, Record No. 41180 structed the jury as to the law applicable. No request the defense Fenner ~. Vo was made for an instruction Com.., 152 Va. 1014, 1020, 148 ing statement s. from the text established a prima facie of alibi, a reasonable case and the defendant is considered, relies While it is contended herently incredible, verdict is contrary create there before Katherine There is no merit by the witnesses but b as will~ when of the accused." us that the testimony oft Dovep was such as to be inof error or without in the contention. that evidence the to suppor The facts are not so extraordinary -12- not beyond and leave in the mind of is no assignment to the evidence has upon the of the evidence, doubt as to the guilt and her sister, v. page 56 seems to be that where the State nor by a preponderance the jury a reasonable related and Noblett E. 2d, 241 9 we approved the follow- and to such a degree of certainty, the whole evidence it. E. 821; the burden is upon him to prove it, doubt, such evidence, s. in2Am. & Eng. Enc. (2d Ed.), "The true doctrine prosecutrix to of alibi. 194 Va. 241, 248,72 defense relating and improbable e �-n..i:. Ie.t sup 9 s slds:,1 lqqs ic, ,. '!.n· ♦ 11.bn .l.-,::-91 "'•-...# " _, ill II t -~8 -v·ollo::- orlJ' t 11.:.w ' .. qs d .tud ._s::,nebl -9 n d t z 6 a i 9\V .,., q I? . f. ri:r ·_o e 8, l if I wsl l rlT l.iu .,3 'b~ 9, ,. c. ✓ ~c.,_ r ' -·• -d -:ron 1 2 fl'l02 ~v ".!G~ .sv , l t fd1.; b slds110J s rl;:>ua o:t bn be.J.sblarw:> 2 _.,f.19~. ;: s , :ln bl ·s •:,ua ,.( ·'l ' zl s J-duob eldsnoz ss:i: _·_j-n9.:i"no:) d.t nl - l- ,,_; t etb- L:s • ::,u 'f nI ..a s 99'I09b b" o.t o..i- as • $:Ol ~~lOI c '· • sa u ::>:>6 sri:: to I-"' .... S'l9bnoqs-rq yJ nl: sJ:i:e ::> :rn 9r[J- .6 "IU t .t 1::rnm on a .i e:rscC." 9rfj- -'-. ".J .J: .. o 1 �as to deny belief, nor contrary of the credibility of the witnesses determine» to human experience and they were adequately No question of corroboration The accused and correctly the verdict» instructed. was one for instructed is involved has had a fair the jury to that to effecte The jury was fully was sufficient and the judgment must be affirmedc Affirmedo -13- The questio 0 trial. The evidence 4 to support �c .t ' '.16 ~ n.im.csJ- o • J-~ yilur 26W y~ut 9 T ) .. l , 0 , �Sup. Ct. of App. Form 9-2M-3-28-51 VIRGINIA: .i,n :tte ~ o.ff.R.icl{m.o,,ulon :ti{,e Thursday ~ 22nd Noah Thomas Lear, o.f January, Plaintiff in error, Defendant in error. 1953. against Commonwealth of Virginia, From the Circuit Court Upon the petition supersedeas Court is awarded of Rockingham prosecution by the felony; said tioner but County on the 25th Commonwealth against if the said or to release A copy, Teste: of error by the day of August, is not to operate in custody, a writ rendered bail. I County. of Noah Thomas Lear him to a judgment supersedeas from custody, of Rockingham Circuit 1952, petitioner, to discharge his and bond, in a for a the petiif out on ��Novenber 21, 1952 In Re: Common· ec 1th homc...s Le r Hon. L muel F. S~itr, Justice Supreme Court of A~pehls of Virginia Charlottesvi le, Virgini Dear Sir: At the reque mitting ant, t of all counsel in the above cuse, her~vith, by Jr. Herry Blatt, of counsel the original record in the above Cfl.Se. I am trcnsfor appel Yours very truly, J. Robert Svd tzer, Clerk - �.r .L. I ,....t l - .,,l .. J.0 l e .t ..,fli C .. C C H, t • ''I l ) ~ ',1. . -4 • r ' , ... * Lt r :O Y., • l, r ... t l 'l'I 0. . J 1 ... H • 'I .l 'I 0 t. :) ... �VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY CONHONWEALTH OF VIRGINIA Fel v. - Bail Bond NOAHTHOMASIE AR STATE OF VIRGI:t-!"IA,COUNTYOF ROCYI1WP..A!"1, to-wit: IT REMEMBERED,that BE NOAHTH011-1AS LEAR, principal, who justified me, Harry to his Blatt, ham, in the jointly State to the on oath of Virginia, of March, before of the me, came before said County of Rocking- and acknowledged to be held and firmly Cornr1onwealth of Virginia 1953, W L1NDAmool) G-BotUJ-£ Commissioner and severally, indebted and sufficiency Bail /O+k--- day on the themselves, bound unto in the just and and full sum of TdO THOUSANDFIVE HUNDrtEDDOLLARS ($2,500.00) to be levied oft and tene- ments, to the use of the Commonwealth of Virginia to the payment heir themselves, respective whereof their and severally, exemption well heirs THATWHEREAS, the day of January, by the 1953, Supreme Court the Circuit the 25th Court said yet day of August, 1952, pursuant to the verdict of the tentiary of this fendant having for of Error County, whereby jury on the pronounced against defendant to the said in him on was sentence, bo confinement a term of seven years, been committed 22nd and .Supersedeas Virginia said homestead condition: to the judgment of Rockingham bound jointly their upon this a 'v,rit o~$.~jia State waived Noah Thomas .wear was, granted to be rendered, representatives, each severally recosnizance; lands to be made they and truly and personal and they to this goods and chattels, in the Peni- and said de- Penitentiary of this State; ANDWHEREAS, on the by said Circuit Lear be let Court to bail 7th day of 1•1arch, 1953, of Rockingham pending his said County that appeal it said was ordered Noah Thomas in the foregoing sum, �VIRGINIA: IN THE CIRCUIT COURTor ROCKINGHAM COUNTY Fel COMMON1.vEALTH OF VIRGINIA v. Bond $2500.00 NOAHTHOMASLEAR Rail ~latt, Bail Commissioner For appearance before the Circuit Court of Rockingham County, Virginia, ten days after affirmation by Supreme Court of Appeals of Virginia, or ten days after case remanded by said appella~e court. Harry ,. �his recognizance to be conditioned NOW, THEREFORE, if his personal County, the appearance Virginia, uupreme pronounced said or, if case remanded, Virginia, Dove, personal ten days the child heard, and before shall said not 1952, obligation is finally by order of a competent burg, to be made at Virginia, and void; then otherwise GIVEN unoer court; Court said my hand this said / OK said force or hold- is and Court, until declared event, said the shall day of March, 1953. sai appear- be null and effect. the void County at Harrison- recognizance in full or indictment, and effect and in either Noah or further having it Jane said time of the House of said County, of Ogretta such other the case concerning whereof of or until the foregoing to remain rape the leave force Court of Rockingham thereafter with of Circuit may be continued in full disposed the Court Noah Thomas Lear said of age, or judge sentence day of August, day on which and at without to remain said before years charged, thence the statutory in connection indictment ance for any court depart 25th by days from~ by the Circuit Grand Jury proceedings ing any proceedings ten Commonwealth of Virginia thirteen said if from the Special on JU!le 30, to which then be affirmed to abide on the make of Rockingham Court to the appearance Thomas Lear would stand times Court order; shall within affirmed, 11..:.,~..., of the a female of said be remanded to answer the indictment is in said C:ireuit Court of Virginia, Virginia, of RockingharnAwi£hin is the sentence ppeals out Noah Thomas Lear him by said County, c~, the sentence said make his said before of against Rockingham shall if Court day on which 1952; the as set e �' IN THE CIRCUIT Fel Bond ~2500.00 Barry Blatt, Bail Commissioner For appearance before the Circuit Court of Rockingham County, Virginia, ten days after affirmation by Supreme Court of Appeals of Virginia or ten days after case remanded. by said appellate court. ail NOAH THOr.'JASIEAR v. COMMONWEALTH OF VIRGINIA COUR'r OF HOCKINGHAM cou~,rTY VIHGINIA: �VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY COIJl"J:IONWEALTH OF VIRGINIA v. Felony - Statutory Rape NOAHTHOMASLEAR ORDERGRANTINGBAIL 1 This for the on the by the to the verdict tiary of this of the State maturely the defendant fendant, for considered of Virginia, the said upon condition that Commissioner with good and sufficient conditioned for ance before this within to abide jury, said Court, Clerk surety if the sentence of Virginia and the 25th pur- Court of this motion, de- the and doth pending Court thereon; said of this against his said before in the to make his sentence for said pending a recognizance pronounced to in the Peniten- 19.53, that ten days from the day on which said by the of Error Supreme Court of Appeals to bail defendant defendant was sentenced, to bail said into the de- made by the attorneys in the to be let the a Writ to confinement grant for Court on the defendant be admitted doth or the the by the day of January, he enter Bail said appeal Court Noah Thomas Lear case the motion on the 30th of his that a term of seven years, Noah Thomas Lear, prosecution appearing 19.53, granted in this 19.52, whereby suant the attorneys Supreme Court of Appeals pronounced day of August, having and it 22nd day of January, ' judgment said and came also Noah Thomas Lear, and Supersedeas the day o f_.-.:!'.\::=::J.=•!=:!!1~~~~~-' 19 .53, came the Attorney Commonwealth, fendant, was, ~ ORDER appeal the sum of recognizance personal to be appear- Court be affirme, sentence is affirmed, him by this Court on ��cm the 25th to this day of August, Court, then appearance before which this case ginia ther the And it appearing it County, South~pton Farm, in charge of said attested deliver of Rockingham this transport his that said Farm, and thereafter the body of said be finally disposed of' and is presently being or other person in charge proceed forthwith which mall be his his receipt Sheriff safely surety to said kept ------~~ 4~A~•~·~·~·~►~,~v~~~----' an for so Sheriff in accordance ockingham Noah Thomas ~ear person authority therefor of of presented Noah Thomas Lear of to said or other upon being in there the Sheriff County shall to the Rockingham until and conditioned ENTER TLIS: -.,. such or fur- Virginia, shall, to be by him there with may be continued the Superintendant taking at Capron, shall order, personal Commonwealth of Vir- RDEREDthat and the said recognizance the Penitentiary, institution County, to make his 1 is further and that be remanded Noah rhomas Lear has been com- the body of said order; County Jail, into indictment Virginia, copy of this doing, said case days from the day on herein, of the Superintendent institution, ten the proceedings State this defendant to answer indictment at Southampton Rockingham with the to the Virginia in custody said if Court within to which until confinement the is remanded, heard, mitted said this concerning time or times for 1~52; or, Judge Designate. he shall enter as aforesaid. �i J • l �Commonwealth On an indictment vs. for a felony (statutory rape) Noah Thomas Lear This day came the attorney accused, by his Noah Thomas Lear, own attorney, persons from exception; said twenty and the accused four persons, Flook, under a writ G. Ralph Smith, J. Nicholas, deliverance the jury, struck verdict twenty and the names of for the commonwealth therefrom the names of Woodrow Lowry, S. J. namely: H. Miller, H. R. Coffelt, S. R. W. H. Heatwole, and G. R. Baylor, were sworn to well make between bar and a true facias, oontaining Glen H. Emswiler, Elmer O. Rodes, to constitute a list J. and and found duly qualified twelve, Jr., recognizance of venire who each alternately F. Myers, and the And from persons was handed to the attorney the remaining Ernest Mathias, whereupon, persons to his Harry Blatt. were examined by the court free the commonwealth, came pursuant N~xrudt,mx summoned by the sheriff for selected and truly John as aforesaid try and true the commonwealth and the prisoner render according at the to the law and the evidence. And it appearing to the Court that the charge read to the jury is not one a correct6thereupon, on motion of the attorney for the commonwealth, it was ordered attorney that said charge be vacated for the commonwealth thereupon Whereupon the court did not correctly accused advised state be found guilty the jury and directed corrected withdrawal charge the accused, of the attor~ey accused, by counsel, spectators be excluded And having completed continued until charge for charge read of the court I• ✓ the commonwealth, from the in allowing the hearing , Thereupon, in which motion that room during of the evidence tomorrow morning at :tJmx nble the of the xim:lfflill.x«kx~l!X was ordered court said to the jury by counsel,Aexcepted. it as read to disregard and the giving concurred, charge. to be imposed should thereupon to which action of the first corrected motion charge; the a corrected the first the jury and the clerk said submitted that the punishment and annulled;and A~,, all this herein, o'clock on the witnesses and trial. this case <teWAS ��VIRGINIA: 1"asonic .Jh tlie !/ujv,,:e,m,.e<ti'ow,,to/~jieal&. /ield at the ~66Vf/ f!Auddm!f Staunton in the c&tlf Of~Tt:7£ O'J'I, Thursday th,e 10th dalf Of September, 1953. Noah Thomas Lear, Record against Commonwealth Pla ntiff in error, Defendant in error. No. 4118 of Virginia, Upon a writ of error and supersedeas to a judgment rendered by the Circuit Court of Rockingham County on the 25th day of August, 1952. This day came as well Attorney General maturely considered and arguments and filed with complained of. and is hereby defendant expended on behalf in error about thirty reasons damages, as the having judgment stated aforesa in writing in the judgment and ordered the plaintiff dollars of the is no error adjudged and that her defense Defendant in error's Attorney I s fee Printing brief Total there is therefore Which is ordered Teste: that for by counsel, and the court of the record is of opinion, the record, affirmed, in error, of the Commonwealth, the transcript of counsel, It the plaintiff that in error and also the same be, pay to the her costs by her herein. to be certified to the said c rcuit court. costs: $50.00 37.20 $87.20 A Copy, Teste: drc;b~ Clerk d �--- �Commonwealth of Virginla: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................... . . ···•••••·•·•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ............... Og:r..~.t.t.i;; ....Jane ...D.oY~.,....Be.r.gt.on., ...V..ir.g.inia ...................................................... . ............... J~.~.$..$. ... D..o.v.e.$ ...B.~.rg.t.on.,...:V..ir.i;-;;inia.......................................................................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court Home thereof, at 9:30 o'clock, a. m., on the ......3.0. h ......day of. ..........................June...................................... 19 52., to t;stify and the truth to say in behalf of the Commonwealth before the GRAND JURY ...................... .......................... ag~ins.t ............... lfQA ...T .oIA.S...IE .................................................................. . who stands charged with a felony fi.iftffji1r001f, And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ~~~~ t the Court Home, the .......2..4.th ...... day of .....Jµn.~ ....................19 .. 5.2,and in the.l.7.6.t c::..-TUE SERVICE PUSS, HARRISQN8UR.Ci,, VA, (_,A~;.t~t~~L...,-~~~~~~ �Cm.m~m lEALTH ) GrRnd Jm~y Summons v. - NOAH TBOMAS LEAR To June 11~2:rn I , • . 30, 1952, at 9:30 a.m. TllE COUNTY 01 AM B1 DELIVER G ~RUE COPY OF THE~ITH . • nA-9~~#; ~-: •• ' --~~~ o(J£W- #tl~~ .• A.l. STRAWIJERiAN·-,__ SHERIFF ROCKINGHAM· COUNTY - �In he Name of the Commonwealth of Virginia: l To the Sheriff of Rockingham County, Greeting: I Yo.~t are hereby commanded to Sttmmon...No.r.uu.. !!,.i.t.chi~....(B.?.~E.to.n,....'-.a.!'!). ...................... . lives ··········· ...................................................................................................... , '111~ 1th hub .. rd .. R1·t·ci!i'iEf; .. ·-io· d~ .. ·· i . .................................................................................................................. f.ro .... ur-0 t-on ..on ... ine .. ouni..~................................................ . .................................................................................................................. t .... to appear before the Judge of the Circuit Cottrt of Rockingham County, at the Court House thereof, at IO o'clock, a. m., on thil..8.t.Aday of .. ....A:u..cµ.$.t.., ................... 195.4. say in ....... ...... behalf of the Defendant ............ ....................... ~9. to testify and the truth to in the prosecution of the Commonwealth against....................................... . ... ~ r~~....~..~ ...~.~~-.! .............................................................................. .. ... who stands charged with and indicted for a felony ¥U'li7allo£ .. 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 .......l..4.th ....... day of ...A .t.~...... :. 19 •.52., and in the 1.7. ~~;/;;~~~o~;l.t• zl~ .. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ..N.orma. Ritchi.e County, Greeting: ...(Be.r.g.t.on, ....V.a...)....................... . lives with husband, ................................................................................................................. WiTla'fd ..Rft'chI'e·~· ..·10· ..mi. ~ ................................. ····•··· .. ··· .... ··· ........................................................... from·-B-ergton .. on .. ·Mine··Moun- ··················································································································t.ain ............................................... . to appear before the ]1,dge of the Cirrnit Court of Rockingham Co1,nty, at the Court House thereof, at 10 o'clock, a. m., on thel.8thday say in . . .. ... . .. behalf of the ... ... . .... . ... ...... . ..... Defendant ... ... ... .. of. .......Au.gu.st., .................. 195.2. to testify and the truth to in the prosecution of the Commonwealth against...................................... .. ~.9..<?:P. .. . ~.h9.W&.~ ...i.~c3,r .............................................................................. .. who stands charged with and indicted for a felony ~. And this yott 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 .....14.th ....... day of ...August, ........... 19..52, and in the 177-t:brar ot the Commonwealth . . ..... . .... ...., .................................. , Clerk �14 .v~ ...DEPlJTYSHER.IR' �------------------------------------------~ DESCRIPTION ~___Ycia,...., ______________________________________________ _ Last known address ____-~ Color__~----- Height~~~_(Q_ Marks _____ (({_./ ( Eyes--~---- Occupation ____'£,~- Weight_) ________ _ ---- ---- ---- - --- ---- -- -- --- - ---- - - -- - --______ ..__________________________________ _ __/ __ __(: __ _/__'!j. ___ "'.'.":. _____________________________________________________________ _ - Result_-1-1- Hair__~---- ____---- --- - -- -- ---- ---- - --- ---- ----- ------- Age ______k_ J_ ____ ____ Date of Trial_ ___£/ OF PRISONER _ ---~---~ _ ~ l _u. __________________ ---------------------------------------------- ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: l' ~u are hereby comf:1anded to summon ............................................................................................................................. . .................... 1 .s.•..... J.e.ss.e....D.ov.e.~ ....B.er.g.t.on,....V.a.•............................................... ~..................................... . • Katherine Dove II II ····••··································································-·J ............................................................... . , --- ----····-················"'·······················································----·---·-·-···························································•·················································-···---· to appear before the Ju9ge of the Circuit Court of Rockingham County,a~ the C~urt House thereof; at 10:00 o'clock, a. m:.,oit-the .........18.th ............ day of... ....................... Augus t .................................. 19...5..~' to testify and the truth to-say in behalf of the Commonwealth against ......................................................... _...., .................................................................................. NOAH ...THOMAS ...LEAR ......: ................................................................ :".. who stands charged with and indicted for a felony J!IUHEllUmE And this you shall not omit under penalty. And have then and there this Writ. Witness, l'JD at th day of ···············•-Augus•t••······• 19 52 ...., and in the 1 .. THB , ..... ca Pl.EH, HAa.l.UONauac, ,A. ourt flouse, the ...Bth ..... . �'i ~ <I! ~ C/.l ~ 0 P:::l E--i WITHI 1:1 . a:! • .µ "' C\la:! Lf) --o .. O'>O rlO COrl rl t:/l .µ ::s ::s oD P:::l <I! a Z ~_,,,,,,c<t,,,, • u -. «/t:C/•2,-< ~• ' at ealtv'/'uef4ie. : l .~ ~~ a. ~~~ J ~ by delivering ,-.e...... &.................... . ---··• being a member of rs, and ~xplaining.tpe»urport th~,..,,_, In person, 1 ~XECUTE ~N THE COUNTYOr BY DEL~A TRUE a:! (!) s:: Cl) Cl) C/.l .g p.. 0 (!) s:::: :'.';OPYOF' ~ H .µ or! ~ • :> ~otrmdln I 0 ~ 0 0 true copy of thl~~~" -,,,,µ .~,£,6,14,,, ho .... usual place of tM-tamlly abov ,1.'°' -~~~A'lhl, �In the Name-of the Commonwealth of Virginia: To the Sheriff of Reckingham County, Greeting: You are h reby ~ommanded to summon··················································••··············-·························· ..•.......................... ' ........................ • .................................................. . ............................... Ogr.e.tt.a ....J.a.ne.....D.ov.e., ....Be.rgt.on., ....V.a.•.... Jesse Dove, Bergton, Va . ............. •••••••••If•--••••••.,.••• .. •• .. ••••••••• ·················································,fl#····· ........................................................................................ ,.,-•--•••••--••••••n•nn•n•n•n•o•uuuuuu•••• ~······················································································--·.····································'··················· to appear before the Jucfge of the Circuit Court of Rockingham Cotmty,at the at 10:00 o'clock, a. m., -on the .......18.th to testify and the trut~ .............. day ourt House thereof, of.. .........................•J..~US.t .....:...................... ,..19 ..5.2, say in behalf of the Commonwealth against: ....................................................... . ........... ,.............. ••............. NOAH....TH.OIMS....LEAR............................... ~.......................................................... . who stands charged with a11d indicted for a felony~ "W' And" this you shall not omit under penalty. And have then and there this 'Writ. Witness;J..~~~at the Court House, 'the .....7.th .... day of....... ugus..t ................. , 1952 ....., and in the TH• ···••cara,ss, HAkl.lSONBU&G, ...... ., �of thi~ -I .,~ .. pl " ."' ,~... , _;,-c-,nily..,, ,,a , ., T:\I ,:,lace of abode, ~ ~t r Executed _____ IJI/-R .,no, aog ex.,,.-' at s;&~ -~--- ·" ~u~ ...o. by delivering'{ at • s • • llJ .. OCJ1 Oro .. co 1-1 "' 0 I-' ::i:, llJ ~ CD 0 'o (/l ~ ;::=., 8 p:! 't--1 > itrj 0 1:"'- ,.:i a u::n.1•- g. to to ~ ~ 1--'• ct- .this t--1 trj :i> ~ (/l • ..__.. .by delivering en llJ I-' ct- ct- ::r:l 8 0 C/l ~ cr-i ~ fI1 :i> Cl 0 "I ____________ , being a member of exnlaini1uz- the ouroort U,arA,., • 41/ .._,.Or/."-.............. be,...,,;:r"' "'"' in person, --.,.,..:,---71"' usual place of abosJ,J,N~---/;:/11:.I!.~,::. ·,1it'family abov.e !Fieage of 16 years,t1nd • ., ho..-. ~ I!, true copy ~ �• V,¼·~~ ~~ .. e-.:~UJJ utr..·~, -~~ v. ~ w~--rk--, IL ~ /°IJ>F ~ ~ f-~ y£ / I ., P- I CJ ~ _ ':!.A,___() ~ ,,__ ~ -fl-.-. ~cl~ ~ 1)--f'--< J'~ V,.,·y:,-· .. o-.-.1.~ ~ LQ ~ 1 /CJ J ~b ,,... 1 A~ t..::.,__•., ~ ~-,~-~~~Le~ ~~ • I I.,,> A,/ -{. t;,J ~•~ /D ~ ~ . . ~ ~ ~ -f,, L,, --·.f ,-<~j- -"'-, "" ~ :1./ • 1 tern, -J,,,-rG.. ~ (} ~~ {) I.:, -..t_ ~ .' /qrj ~/ f---·o-R ~-r-/-t·~ ~~ ·~ ,3,/ ;, J 0 tr /)EKE} ~ ~ ~ ~ 1 'f1.....s~ -;-t,-.-;, 73 J ~ ~-w ~ D71< y,_~ 0:~ -rt-- .J'J.--b f fL--· f4..J-·~ 1o ~ ~ 'fl..,. ~~ r..,.,-.,• ... 1) I ~ ~ ~ c.-r-----"~ _,,__1'~1 e--1f'L..,I. l L. -~ .;t... ..,_,,_.t... -~ .-u,... L:.. ,,..._•.J ye.,_ +'-<'c)"->o{~~ 1--, s~ :i.t /,,,n ~t..... .: -'-·-kA~ to r.4..-• .f . . S'-fr,.;k,fD-..·-/e..J.-.d ~ l \ /Jl✓ 1 fl-<-ft:. 71, K -4-. �__ _ _,_ ~ - r - I iI. I +- t r I l I I --+___;____ + 7 - �CHIEF JUSTICE. EDWARD JUSTICES· JOHN W. HUDGINS SUPREME C. VERNON SPRATLEY ARCHIBALD C. BUCHANAN WILLIS LEMUEL KENNON COURT OF HOWARD APPEALS G. TURNER CLERK W.EGGLESTON 0. HUBERT OF VIRGINIA MILLER F. SMITH Richmond 10 October 3, 1953 C. WHITTLE Clerk Mr. J. Robert Switzer, Circuit Court of Rockingham County Harris on burg, Virginia Dear Mr. Switzer: The case wealth disposed of Virginia, of in this the original of Noah Thomas Lear v. CommonRecord No. 4118, court, having I am returning been herewith record. Please acknowledge Yours very receipt. truly, Clerk HGT-h Encls. D. BENNETT EXECUTIVE SECRETARY ��Sup. Ct. of App. Form 9-2M-3-28-51 VIRGINIA: fin t>¾,offR.i&nuuul in t[e eoLWt !Re S,u,p,rc~ an 4 Ltrr~ KJd a1 ~ eau,rt-~iE,,.a,,-~ fltul'c~ ~~ tfk ~h of , ,.. .lt V Q .• . 1iri, 't 0 l"t Court. or ... tion ro . f lo ticn fro::· • ~ '\00~ ,I n lreui 'r'O . tho sa. (W.&te· d .u tion 0 hi 0 ,. rr. , u.. ;I 0 .:o h t- ~ r !. i\,, l 0 ror .. • r r Tho~ .. nd •l -:-.:.·::::::_ on l ' e y ,. ... 11 e t Q " 1a p ., to 0 to "', or to l Q ro L C O.~ d, 1f t .. out on ��G. STANLEv CLARKE l'I.ENNET'H J. LINDSAY ALMOND. ATTORNEY 0 JR. GARDINER C. C~AVPJON GENERAL HENRY Tt-lOMAS OFFICE OF THE ATTORNEY GENERAL CLARENCE Mr. H. G. Turner, Supreme Court of Richmond Virginia Mr. 30, Noah Thomas v. Commonwealth Lear of Virginia Turner: the above styled of the Attorney included therein Referring to the printed record in case,this is to advise that the office General desires nothing further to be than has already been designated. Very 16-25 1953 Clerk Appeals Re: BOWLES T. GRAY M. MILLER F. HICKS ASSISTANTS RICHMOND January TYLER,JR. T, WICKI-IAM FREDERICK Dear C. PATTY sincerely yours, ��otltrk's ®ffi.ct <!LirruitC!tnurtnf Jnrking4a:m<!tnunt11 HON. HA.MILTON TWENTY-FIFTH HAAS. JUDICIAL HARRISONBURG, J, ROBERT Dl!'PUTIES JUDGI!' ~arrisnnhurg, 1!lirginia CIRCUIT VIRGINIA SWITZER, HARRY MARGIE MARGARET CLERK December 23, 1952 Hon. Lemuel F. Smith, Justice Supreme Court of Appeals of Virginia Charlottesville, Virginia Re: Commonwealth v. Noah Thomas Lear Dear Sir: At the request I am transmitting of Mr. Harry Blatt, herewith of counsel the original for appellant, record in the above case. Yours very truly, Jc-tf,L,J,~ J. Robert JRS:mb Switzer, C~ LEE BRYAN BOWERS B. WENGER �). �HAR.RY BLATT ATTORNEY AT HAR.R.ISONBURO, THE NATIONAL BANK December BUILDING 23, 1952 Hon. J. Robert Switzer Clerk of the Circuit Court Harrisonburg, Virginia Re: LA·w· VIRGINIA of Rockingham County Commonwealth v. Noah Thomas Lear Dear Mr. Switzer: At the request of all counsel in the above case, the original of the record thereof was transmitted to Hon. Lemuel F. Smith, Justice of the Supreme Court of Appeals of Virginia, at his office in Charlottesville, Virginia, on November 2+, 1952. The purpose of transmission of the record was to permit an application for bail on behalf of defendant pending his petition for a writ of error. The application for bail was denied and the reoord was returned to me to be transmitted again when the petition for a writ of error was filed. You are therefore requested, pursuant to Rule 5:1, Section 7, to transmit said record to Hon. Lemuel F. Smith, Justice of the Supreme Court of Appeals of Virginia, Albemarle County Court House, Charlottesville, Virginia, on the 23rd day of December, 1952. A copy of this letter has been mailed this date to George D. Conrad, Esq., Attorney for the Commonwealth for Rockingham County, Virginia. Very truly Harry HB/lm yours, �p �QU.erlt' s @ffut <!rirruit<!Lnurt of ~nrking4am <!rnunt}! HON, HAMILTON TWENTY-FIFTH HAAS, JUDICIAL HARRISONBURG, J. ROBERT DEPUTIES JUDGE ~arrisnnhurg, 'llirginht CIRCUIT VIRGINIA SWITZER, HARRY MARGIE MARGARET CLl!RK November 21, 1952 In Re: Commonwealth vs. Noah Thomas Lear Hon. Lemuel F. Smith, Justice Supreme Court of Appeals of Virginia Charlottesville, Virginia Dear Sir: At the request mitting ant, herewith, the original of sJJ caunsAl in the above case, by Mr. Harry Blatt, record of counsel I am transfor appell- in the above case. Yours very truly, ~~~ J Mabert JRS:mb Switz.<f, Clerk LEE BRYAN BOWERS B. WENGER ��VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY COMMONWEALTH OF VIRGINIA REQUESTFOR TRANSMISSION OF RECORD v. NOAHTHOMAS LEAR TO THE HONORABLE J. ROBERTSWITZERCLERKOF THE SAID COURT: The undersigned, for the request all the Commonwealth of Virginia the Honorable of Virginia, Virginia, being Clerk to transmit Lemuel F. Smith, Albemarle Counsel the Justice record of said of the this r 18th case, case and hereby to the Supreme Court of Appeals County Court House, our hands the Appellant in the above styled on the 22nd day of November, Given under for Charlottesville, 1952. day of November, 1952. ~dunselforAppellant.__ ,,,,,.... ttorney for the Commonwealth for County of Rockingham Virginia ii the ��LA'\V tO>lFFICES GEORGE lllIARRISONJBIUR<G CONRAD 0 VA. Court House November 21, 1952 Honorable Lemuel F. Smith Justice of the Supreme Court Charlottesville, Virginia of Appeals of Virginia Dear Sir: Ir- connection with the case of Virginia V. Noah Thomas Lear, notice on me by Counsel for Lear that they before you on Saturday, November 22, ville that the prisoner be admitted Commonwealth of has been served will make a motion 1952 at Charlottesto bail. On behalf of the Conrraonwealth, I wish to object to such motion. T,e['r rrns found guilty by a jury and after the verdic.: vrns returned a motion was made that he be admitted to bail pending application for a writ of error. Judge Haas refused to take such action, but stated that he might reconsider the matter in case an appeal was allowed. The motion v1as not made until several days after the trial and Lear had already been sent to the peni~tentiary. Under the circumstances, the Commonwealth feels that this man should not be admitted to bail at this time. GDC/dl ��VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY Filedin the CO~Il10NWEALTH OF VIRGINIA r ork\ Of ice Ro\,k'rrI .:l., ~ 0 11 1952 ) v. fe</r~~ NOTICE Cler NOAHTHOMASLEAR TO GEORGED. CONRAD,ESQUIRE, ATTORNEYFOR T{E COMMONWEALTH FOR THE COUNTYOF OOCKINGHAM, VIRGINIA: You are hereby notified that November 21, 1952, at 10 o'clock Rockingham Virginia, Virginia, bail County, to admit pending Appeals his a.m., then petition for to be sitting and further and you are further notified such motion be not made, November 22, 1952, awrit then a~ 10 o'clock a Justice if office in the Albemarle ville, Virginia, to admit Given under our hands said this County Court proceedings v~unsel thereafter; be denied, will, or if on Saturday, of Appeals Lemuel of Virginia, House·, in Charlottes- Noah Thomas Lear 18th to to Supreme Court of move the Honorable of the Supreme Court at his Court of at Harrisonburg, such bail the undersigned a.m., on Friday, Noah Thomas Lear, of error appellate that will, move the Circuit the above name appellant, of Virginia, F. Smith, the undersigned to such bail. day of November, for 1952. Appellant I certify that the foregoing Notice was served on George D. Conrad, Esquire, Attorney for the Commonwealth for the County of Rockingham, Virginia, by handing him a copy thereof, this 18th day of November, 19520 �---, ____,,, �Filedtn the C!erk'sOfqc Rockingr:,,1;c,· . • "✓., r ov 17 ,952 ~~~ Cler VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY COl\IMONWEALTH OF VIRGINIA v. ) DESIGNATIONOF PARTS OF RECORDTO BE PRINTEDON APPEAL NOAHTH0!-1.AS LEAR TO THE HONORABLE J. ROBERTSWITZERCLERKOF THE SAID COURT: Counsel by designate for appellant the following in the above parts styled of the record criminal that case here- they wish printed; (1) Indictment with return of Grand Jury thereon, filed----------------------June 1 ( 2) Order of Court / I 30, 1952------Page 2 of record ________ June JO, 1952------Page 3 of record on re- tr~d~:-~:~~~-~~::: (3) Order of Court on Arraignment and Plea of Defendant, filed--------June I (4) I I Order of Court on first day of Trial, filed------August to Jury (first), (5) Charge filed--------------------August 30, 1952------Page 15, 1952---Pages 3 of record 4&5of record 18, 1952------Page 6 of record 18, 1952------Page 7 of record ( 6) Charge to Jury (second) and original of the Jury's verdict, filed----August I (7) Instructions granted, filed--------------------August ? 19, 1952 I a. Instruction 1 -----Page 8 of record I b. Ins true tion 2 -----Page 9 of record Instruction 3 -----Page 10 of record d. Instruction 4 -----Page 11 of record eo Instruction 5 -----Page 12 of record f. Ins true tion 6 -----Page 13 of record I c. �.,_ �(8) Instructions refused, filed--------------------August 19, 1952 g. Instruction 7 -----Page 14 of record h. Instruction 8 -----Page 15 of reco~d I i. Instruction 9 -----Page 16 of record I j. Instruction 10 -----Page 17 of record I I I (9) Order of Court on Second day of Trial (containing verdict) filed--------------------August 19, 1952-Pages 18&19 of record (10) Assignments of error, filed--------------------August 19, 1952-Pages 20&21 of record (ll) Order of Court overruling motion to set aside the verdict and imposing sentence in Accordance with the verdict of the Jury, filed--------------------August 25, 1952-----Page (12) Notice of Appeal and Assignments of Error, filed-----------------September B, (13) Written statement in narrative form of Testimony, filed--------October bus ticket (both sides) (described in and introduced during Testimony of Alfred Lee Dove), filed-------------August 22 of record 1952-Pages 23&24 of record 22, 1952-Pages 25-33 inclusive of record (14) Exhibit 18, 1952-----Page 34 of record ~ -------- I certify I \To Be Printed that the foregoing was served i'For The Connnonweal th for handing him a copy thereof, Designation on George D. Conrad, Of Parts Esquire, the County of Rockingham, this ~t Attorney Virginia, 17th day of November, - Of The Recor 1952. by \ �\: J } ) ., �J P. Bell Co.-No. B•500 ~ommontuealtb of l'irginia In the......... C..lr.Q:ui.t. ................ Court of the ....... 9-5?.@.t.Y. ...9.f.JW.GJ\lNQ~ ..Commonwealth .. of ...Virginia ......................... . ................ vs.{ NOAHTHOMASLEAR TABLEOF CONTENTS Date Filed Name of Paper Warrant of Arrest Recognizance on side, return of and certificate Justice) Page (with reverse sheriff, of Trial May 9, 1952 1 June 30, 1952 2 June 30, 1952 3 Order of Court on arraignment and Plea of defendant June 30, 1952 3 Order of Court of trial·, on first August 18, 1952 4 Charge to Jury ( first) August 18, 1952 6 Charge· to Jury ( second) August 18, 1952 7 Indictment with return Grand Jury thereon Order of Court Grand Jury on return of of day Instructions Instructions ' (refused) August 19, 1952 8-13 August 19, 1952 14-17 Order of Court on second day of trial (containing verdiet) Assignments of error August 19, 1952 18 August 19, 1952 20 Order of Court overruling motion to set aside verdict and imposing sentence in accordance with verdict of jury August 25, 1952 22 Notice of Appeal and Assignments of Error September 23 Written Statement in Narrative Form, of Testimony October Exhibit August 18, 1952 Bus Ticket 8, 1952 22, 1952 25 34 I .... J .•.. Ro.1?~.~t ..e}~Jt~.~£ ....................... , Clerk of the abov~ mentioned Court, certify that the papers listed above and filed herein, are the original papers in the above styled case. Teste: ft~¢~ Clerk �---, �Comp. ~~· 18 m STATE OF VIRGINIA COUNTY OF R l NGHAM No. 9643 A_ To-W,t TO ANY SHERIFF OR POLICE OFFICER: Whereas, Jesse Dove ________ ,,+~~ u~ _...~~~---------- J.C. has this day made complaint and information on oath before me, Swartz, Clerk of the (Name) Trial Justice Court of the said County, tha._ _____________ _ (Title) NOAH THOMAS LEAR, Conicsville did on the 17th one O retta to-wit day Jane of the 1___ . Dove 0 child a e of thirteen did make an assault and feloniousl and her did carnall of the 19__g__L:~ in _;:Jc....:un=e=--------· a female the under ears 13 said V_a~•-____ the know and abuse and u on age of sixteen.years unlawfull Ogretta in the said County and feloniousl_y Jane Dove a ainst unlav1fully__ _ the peace and Co ,onwealth. These are, therefore, Ii() . command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said C unty, the body (bodies) of the above accused, to answer the said complaint and o e urt 1er eat wit accor 1ng to aw. n you are a so di rec e o summon color ____ Address __________ color ____ Address ---------------□ color ____ Address __________ color Address color ____ Address ___________ as witnesses. Given under my hand and seal, this -1- _ _ -□ -□ -□ _ -□ �in and for the y aforesaid, State of Virginia, do certify of at • ~•O O M., at --=-.L:.¥-.f2!:::C:::J!:'.!~~!2=::=a.;.,s.,~--,Virginia, and at any time or times to which the pr may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge m this warrant, to answer for the offense with which he is charged, and shall no epart 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_?g~~--+-------,----,-, 19_-.:? ff~~ .. ~ ::r Ill ::s 0.. c+ ::r I-'• cn 1-3 • "' ::s p.. c...., $ 0 H) (") 0 ..:J 0 E " X r, ..e. ..:J 0 Ci 0 .... "' "' El El 0 en C El El ..... ~ ::, ...... ~ '%j ... ... ... e. "P> ::, ~ ::, > ... ... i:i. e. ... .... ::, tc ::, 0 IJQ ::r ..., > 0 ::, " '< ~ ;.: ::, ;:. ., ;:. ;,;-- ::, "' ... n... "' ... "' " IJQ .. c:,. > .,., " ~ ~ Ci tc ~ ..., ., §.: "C 0. ;. ... en· ;. " e, ::s 0 H) 0 ~ I-'• < 0 'i Ill £.. (') ;. " f-1• f-'• CD 8- ~'"d I-'• '1 0 C 2'. ::, r, -" ::r (') i c+ CD p; I= 0 ;:;: I-' CD _. -, Ill ~ ::s O" ::,., "' 0 f;. IJQ H) I-'· Ii-' ,ll ~ (') i ::x: '° ~ 0. "' '< £.. a"' .," 'O ::, "e. C. c:,. "' '< £.. '< <: ::;· ~ ., IJQ er IJQ F' F' ~ ~ 0 "' 5· 'O 'O ""' ., - er -fl'> 0. "' "' I • . Vt."' .... . °' 8 0 \n 0 0 -.J . . .... Vt 0 "' Vt ..., " " p;· £. 0 ..., .., (') -n-. ...... C ri en C 0 ~ IJQ "' "' ~ . ."' .... 0 0 ::,- s· g-::.·~.... " ::,... Ul 1-:) {ll I-' "., ";. 0 £.. ., "' t:rl E:': > 0 1-:) ..... z..., a: z ~ a: p 0 0 ..... 0 >rJ z '-0 (/.l > ~ ~ ~ °' t:rl \.,J ~ > tTl :> en ..., t"' ..:J .... C 0 (') ~ ~ 0 0 l-1 H) ti 0 ....., .. _ ~> (') ~ .,"' ., < !" ;; ~l'Jl (j) er tTl CDO'Q ff, '%j 1-J., J.P. 0 llli '1 c+ ::r ::s ::s llll-'•O.. C oo::scn -o f-1• 0.. c+ 0 < (') ::i-9::i CD C.....Ill CD ::si::cn11;. N '1CD<I> <> • i:: '<: ::i • t,-J• a' en CD 0.. c...., CD I-'· en ::s '1 "' "' ~ /) C..... i:: (") 0 days Ci 0 C ""' ~ ;::. .," 0 ... ,...," 0 r Ci 0 C ::, .... :.< r, 0 ::, IJQ ;:.· ... 0. �STATE OF VIRGINIA, COUNTYO:Ei' ROCKINGHAM,to-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand I jurors of the County of the of Rockingham County, that NOAHTHOMASLEAR, on or about said County, child of thirteen assault, force under and her, the the of the jury the 17th said Ogretta the body the Circuit upon their oaths Court day of June, years, to-wit, and feloniously Jane Dove, know and abuse, 1951, in Jane Dove, of the age did make an unlavrfully against of do present in and upon one Ogretta age of six teen unlawfully in and for the and peace and Commonwealth. indictment Dove and Jesse 1952, and arms, did carnally This grand June term, (13) years, feloniously dignity with of Virginia, and now attendine; said a female at its State is found Dove, vii tne sses to give upon the testimony sworn in court of Ogretta and sent before Jane the evidence. 0 �) COTIIMOHWEALTH v. r INDICTMENT Dove Foreman 1952 NOAH THOMAS LEAR bill: Term, . FELONY June A true ~HTNESSES: Ogretta Jane .Jesse Dove George D. Conrad C orrm10nwffilth 1 s Attorney �Circuit Court of the County day of June, in the year of Rockingham of our Lord, on Monday, the 30th nineteen hundred and fifty- two. Present: R. S. Bowers, Warren, T. L. Yancey, special grand jury, John M. Funkhouser, Jr., ing to law a special having received room to consider into court as true their Albert Prentice the following herd; and having completed Carper; said special grand this term of court. jury for Commonwealth vs. Merica; Commonwealth Edward Roach and McGraw; Common- Commonwealth vs. Russell is excused until On an indictment for felonies Commonwealth vs. George Kyger; the business to their some time returned Commonwealth vs. Elliott vs. Welton D. Waller; retired indictments Commonwealth vs. Joseph Melvin Rankin; wealth and after Commonwealth vs. Bennie vs. Mutt Riggleman; and with and sworn accord- of the Court, presentments, Commonwealth vs. Noah Thomas Lear; day came as a impanelled Commonwealth vs. Charles Lee Carr; this in and for the County of Rockingham, the charge and presented bills: jury Judge. term of the court, were examined, grand Haas, W. C. Long, George E. and T. M. Harrison summoned to this R. S. Bowers as foreman, and after Hon. Hamilton before Claude them at this and unless Sheptime, recalled at Commonwealth vs. a felony (statutory rape) Noah Thomes Lear This accused, by his day came the attorney Noah Thomas Lear, own attorney, indictment, whereupon, said the court came pursuant Harry Blatt. accused fixed for entered the_ commonwealth, t9his And being a plea and the recognizance arraigned of not guilty the 18th day of August next and on the thereto; for his trial. �) ) �I At a Circuit of said Court Court, in the year of the County of Rockingham, in said County, of our Lord, on Monday, the 18th one thousand two, and in the one hundred at the Courthouse and nine seventy-seventh Present: day of August, hundred year and fifty- of the Commonwealth. Hon. Hamilton Haas, Judge. Commonwealth On an indictment vs. for a felony (statutory rape) Noah Thomas Lear This day came the attorney the accused, Noah Thomas Lear, and by his own attorney, by the sheriff examined tion; under by the court whereupon, was handed to the F. Myers, Ralph Smith, Elmer o. stitute struck twelve, Jr., J. Rodes H. it verdict appearing a correct wealth, thereupon, was ordered and the attorney corrected first charge. charge imposed for should that selected sai~ the charge said charge -4- correctly Flook, Ernest try deliver- at the bar and And to th.e jury thereupon advised and true the evidence. be vacated state G. to con- read be found guilty persons, as aforesaid of the attorney Whereupon the court accused persons Nicholas, and truly the commonwealth as read did not were John J. to the 1 wand on motion that twenty S. R. Mathias, W. H. Heatwole, according to the Court one, it H. R. Coffelt, the commonwealth and the prisoner render persons and .ftee from excep- Woodrow Lowry, S. J. iller, summoned the names of four were sworn to well ance make between twenty qualified therefrom namely: recognizance the names of said and G. R. Baylor, jury, facias, and the commonwealth and the accused Glen H. Emswiler, the a true for to his And from persons of venire containing attorney who each alternately the remaining Blatt. and found duly a list the commonwealth, came pursuant Harry a writ for for is not the common- and annulled; submitted the jury a that the punishment and directed the to be the jury �-- ..::....·~-- _· \~ \, �to disregard said the same, and the clerk corrected charge; the withdrawal of the charge the accused, on motion to which action first by counsel, nesses and spectators trial. And having charge by counsel, of the attorney the accused, for completed until giving it corrected Thereupon, in which motion that all wit- room during of the evidence tomorrow morning jury in allowing of the was ordered from the court the hearing to the and excepted. the commonwealth, concurred, read of the court and the objectt.d be excluded case was continued thereupon at nine this herein, o'clock. �j �IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY, VIRGINIA: COMMONVvEALTH v. ------ ·------ NOAH THOMAS LEAR If you find statutory and fix a period If rape, his the accused, as charged/in punishment of not less you find CHARGET O JURY Noah Thomas Lear, the indictment, at confinement than you will of say so in the penitentiary one nor more than him not guilty, guilty you vrill twenty for years. say so and no more. 0 �• - �IN THE CIRCUIT COURT OF ROCKINGHAMCOUJITTY,VIRGINIA: COMMONVv'EALTH v. CIL.\RGETO Jl.JRY NOAH THOJ/IA S LEAR If you find rape, as charged punishment or for the accused, in the indictment, by death, you will or confinement any term not less If you find Noah Thomas Lear, than five him not guilty, f: •I ~I,,"' { of statutory say so and fix in the penitentiary his for life, years. you will 't~ /hA- .::/, 7l,U,,-..- say so and no more. #1'-n •~ ~ 1~~ ·it'-' ~ J..' ' J ~ /4 ~ , r1-- -1- guilty "1-,,, / ( �. ~ ,,.._.,- ...·,,;.;~;_ ,, ,4' )\· '\., ·;\, , : ,. �COMMONWEALTH v. INSTRUCTION The Court instructs / l / I / / / case is of itself defendant, guilt; the jury a mere accusation and is not of itself, and no juror the defendant, should because I ------that the indictment or charge any evidence perm.it himself or on account against in this the of the defendant's to be influenced of the indictment against in this case. D ��COMMONWEAL'IH v. NOAH THO,MAS LEAR The Court to be innocent defendant , ~ the indictment able instructs by the the jury until the law presumes he :lsproved Commonwealth, and to the exclusmon doubt, that guilty by evidence of every the as charged beyond all reasonable in reason- hypothesis j consistent with with his the defendant stage thereof, the case, accused the \ strong, the greater the charge guilt the entire having weight doubt of the guilt it is by the evidence to prove their duty him not nor is it of the evidence to warrant in his beyond all sufficient supports conviction, reasonable to guilty. of the defendant, to convict, but at every of the essential of the guilt or preponderance goes of the evidence of the doubt and find sufficient in the indictment, must be proved all him in the indictment, or the probability 1s not and applies or as to any fact the benefit of innocence case, heard have a reasonable the defendant however if after made against Mere suspicion \ and if, jury Th.is presumption throughout upon tlle whole case, the charge give innocence. his doubt. �,.. �COMI,10:f\nNE.ALTH V •. NOAH TTTOMASDEAR 3 INSTRUCTION In considering burden the whether of proving Court the instructs nor its is founded on reason, and reasonably essential the guilty beyond jury must limit its trial of this is to say, for overlook doubt is the sufficiency The jury of the proof can you go beyond fact to be confused that a man must and reasonable such evidence such doubt. charge, presented go beyond with or possible of the evidence cannot which and material conceivable, the natural the word a doubt law does not say to the doubt, as may be honestly and is not imaginable, including reasonable such a doubt charged, consideration to be drawn therefrom. nor not A reasonable every upon the doubt, you should doubt, case, beyond as to any substantial In passing create that offense or possible be proved accused meaning. that Commonwealth has met its of the jury entertained to prove imaginable guilt the "reasonable" or not the the at the inferences evidence to find to inferences of guilt. Furthermore, arising the from lack questionable material and not should of evidence, proof fact jury bear from conflicting of any particular essential a mere doubt in mind that fact, to the proof testimony, should of the guilt concerning.immaterial any such doubt or from be a doubt of the of a accused and nonessential circum- stances. r- 1 If, after evidence, a reasonable your minds you from reaching then left a convinced belief has failed If, hand, on the conviction other of all of the reasonablo the truth doubt. consideration in such a state the commonwealth consideration all are and honest of doubt guilt to meet its after evidence of the of the of all as to prevent of the accused, b~wden. an impartial and reasonable in the you have charge, of the case, you are then an abiding satis£ied beyond �r· �COivTh10NW~ALTH V LEAR - ----' ,,,.,✓ ,,.,..,.. ..... ✓----- / / INSTRUCTION The Court evidence Lear, beyond instructs the a reasonable had sexual she became 14 years guilty regardless accomplishment act was done with punishment act that of age, force and regardless with - I/- her consent, the charge from the the defendant, Noah Thomas Jane Dove at any time you shall or not or without in accordance if you believe vii th Ogretta of whether of such that doubt intercourse before jury + find the defendant was used by him in the of whether and shall to the jury. or not such fix his �r • �v. NOAH THOMAS LEAR INSTRUCTION The Court instructs on the evidence al though that jury that of the prosecuting such evidence corroborated the witness, Ogretta may be uncorroborated only in part, the defendant you may convict is guilty if the jury beyond all believe the defendant Jane Dove, in whole alone, or may be from such evidence reasonable doubt. �-- -- �COMMON1 IEALTH v. NOAHTHOMASIEAR INSTRUCTION The Court is a question instructs exclu the ively jury for the to determine from the appearance their manner of testifying, their testimony, intelligence witness result or lack to the of the circumstances more worthy testimony, their of credit and to give and the the reasonableness if appearing - jury; candor of intelligence, if the credibility any, any appear, on the credit and fairness, interest accordingly. stand, their other of apparent of the of the witness determine the relative the right and consistency and from all trial, and what is on the the relationship the of witnesses jury have of the witnesses apparent parties, trial, that in the surrounding •rbich witnesses weight are of any such ��COMMONWEAL TEI v. NOAH THOMASLEAR -----1 INSTRUCTION The Court instructs the one easy to ma.ke and hard innocent, complain failure circumstance likewise at the earliest of any adequate tending to establish was with her of rape consent. \ -1✓ - to moment and that at the earliest possible or excuse her testimony if a sexual is by one, be he ever so possible explanation to discredit that the charge the one making such charge to make such complaint and absence that to disprove and the law expects thereof jury intercourse a moment, therefor is a and tending was had it ��COMMONWEALTH v. NOAH THOMAS LEAR .._,..,,.,.. .,,. ,,,.,/ ,,..The Court tb{evidence that / /2ionths her in favor I I \ the delay of the R i offense satisfactorily my be taken that if delayed I to make known the alleged such jury the prosecutrix and she has not delay, / instructs for believe about committed explained into they the '"consideration eight against cause of by the accused. ~...,, from ~~ d/t1/ 1-///~ 0 such jury, ��COMMONWEAL 'IB v. NOAH / ,.,/' 7 --,---- INSTRUCTION ./ The Court instructs the jury that before the defendant ,/ / can be convicted of the offense they must be satisfied // able doubt Jllne--: ~ I Ogretta 1951, under defendant I that from all intercourse instructs the jury offense charged took place find the evidence the age of 14 years, had sexual the defendant in the indictment, beyond a reason- Jane Dove was on the 17th day of further should charged that that with her, unless on or about not guilty. on said the and the Court they believe said date date, that then the they ��COMMONWEALTH v. NOAHTHOMAS IEAli /o -------- ,,1' ,// / INSTRUCTION ✓ f' // / I I I I The Court ins tructe evidence indictment prosecuting scrutinize that the crine in this witness, the jury charged case rests Ogretta her testimony that against alone if it believes the d efandant from the in the on the wvidence of the Jane Dove, then they should with great care and caution I f i i J �- �• ·-., Circuit Court ·~ , I,~",...,: of the County of Rockingham day of August, in the year of our Lord, •• ·.:.. .-- on Tuesday, nineteen the 19th hundred and fifty-two. Present; Hon. Hamilton Haas, Judge, Commonwealth On an indictment vs. - for a felony (statutory rape) Noah Thomas Lear This day cai:ne again \ and the accused, nizance And having argument their the attorney, trial received verdict, and after the following Lear guilty of the punishment Nicholas, the verdict is the replied in the affirmative. contrary verdict the verdict 4. 2. of the jury That the punishment of the tendered Court. That the verdict 5. evidence fixed That the Court 6. That the Court court find Noah Thomas (signed) John H. of counsel and grant for erred the said each juror by counsel, a new trial of the jury of the jury to support it. is is contrary J. to the law and to the erred and and set the accused, That evidence. as to shock the mind in granting by the Commonwealth over the objection the defendant. into to which poll is so excessive tre room to consider as to whether That the verdict is contrary and heard .. polled said verdict and is without impanelled in the indictment, on motion recog- to adjournment. the jurors, Thereupon, 1. jury came again in the penitentiary aside grounds: and the to their of each of them, to set to the law. to the evidence as charged commonwealth, to his of the court 11We, were separately the came pursuant retired And thereupon, jurors on the following jurors verdict: at 7 years moved the court case some time they charge foreman." accused, Harry Blatt; of this the for came pursuant the instructions of counsel, returned his Noah Thomas Lear, and by his and sworn for the attorney and exception in refusing 4 Instruction Instruction of 8 V �-- I I �tendered by the defendant defendant refusing i objected Court erred in refusing \ after charge action charge such other for to jail. 10 tendered the defendant in vacating was impanelled to the jury the defendant reasons the hearing erred in to which action That the 8. by the defendant objected the original and subs ti tu ting read objected the Court of said the and excepted. charge the t0 and sworn and the original and grounds Vhereupon, That the Court and excepted. which was thereafter of the Court of the Court. next jury of the Court by the defendant objected Court erred had- been read corrected for the 7. Instruction of the That the Court jury I 9 tendered the defendant to which action 9. and excepted. Instruction of the Court to which action motion; to the therefor jury, fixed to which and excepted. as may be assigned a 10. And at the bar the 25th day of August and the accused was committed �( { �-VIRGINIA: IN 'IHE CIRCUIT COURT OF ROCKINGHAMCOUNTY COMMONWEALTH ~/ v. NOAHTHOMAS LEAR This day came the defendant, and assigned the following 19, 1952, set finding to the said punishment aside Noah Thomas Lear, as grounds the verdict defendant at confinement counse of his motion made on August of the jury guilty by his of statutory in the penitentiary rendered rape that day and fixing for a period his of seven years: 1. That the verdict of the jury is contrary to the law. 2. Th.at the verdict of the jury is contrary to the evidence is contrary to the law and and is without 3. evidence to support That the verdict it. of the jury to the evidence. 4. That the punishment fixed is so excessive as to shock the mind of the Court. 5. That the Court erred by the Commonwealth over in granting the objection Instruction and exception 4 tendered of the defendant. 6. by That the Court erred the defendant to which action in refusing Instruction of the Court 8 tendered the defendant objecte and excepted. 7. jbY That the Court erred the defendant to which action in refusing Instruction of the Court 9 tendered the defendant objecte and excepted. 8. That the Court erred by the defendant and excepted. to which action in refusing Instruction 10 tendered of the Court the defendant objecte �-- �9. the jury charge after the jury had been read corrected action That the Court charge in vacating was impanelled And for the original the defendant such other read objected reasons charge to and sworn 8lld the original to the jury and substituting which was thereafter of the Court 10. erred therefor to the jury, a to which and excepted. and grounds as may be assigne at the bar of the Court. August 1-f, 1952. I I ��Circuit Court of the County of Rockingham on Monday, the 25th day of August, in the year of our Lord, nineteen hundred and fifty-two. Present: Hon. Hamilton Haas, Judge. Commonwealth On an indictment vs. for a felony (statutory rape) Noah Thomas Lear 1'his day came the attorney the accused, sheriff Noah Thomas Lear, of this Whereupon, county the court tofore made to set grant the defendant order entered having aside a new trial fore considered said Noah Thomas Lear that he be confined of seven of the (7) years jury; by counsel, the costs at hard he can be delivered to an officer commonwealth, treated in the manner directed trial. here- therein to a ere i case and in a former to which action And it is there- commonwealth recover to this State in accordance with of the State jail to be held by law for of 7 days, of the prosecution, of this to the public of this awaiting the motion forth motion, incident labor, Blatt. Noah Thomas Lear was remanded be removed and conveyed however, the Harry in this excepted. in the Penitentiary and said subject, said set and by the attorney, of the jury on grounds that court and considered overrule by the Court into by his the verdict the accused, .. ,,. heard doth the commonwealth, was brought and came also herein, of the Court for for and the term the verdict to jail Penitentiary, and penitentiary and kept until to house imprisoned and the term aforesaid, timerewas - o<o<- held in jail �~-------, r j / �VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY filed in the Clerk'sOffice Rockingham County, Va, COMMONWEALTH OF VIRGINIA SEP % 1952 • /l~Jdij;t Clerk NOAHTHOMASLEAR Notice of Appeal and Assignments To the Clerk of the Circuit Court of Rockingham County, Counsel for Noah Thomas Lear, styled case in the Circuit ereby give notice n August 25 of Error the defendant in the above Court of Rockingham County, of appeal from the order , 1952, and set forth entered the following Virginia: Virginia, in this case assignments of error: 1. That the Court erred in granting y the Connnonwealth over the objection 4 Instruction and exception tendered of the efendant. 2.That the Court erred the defendant in refusing to which action Instruction 8 tendered of the Court the defendant by objected excepted. 3. That the Court erred the defendant in refusing to which action 9 tendered Instruction of the Court the defendant object- d and excepted. 4. That the Court erred y the defendant \..:__ in refusing to which action Instruction 10 tendered of the Court the defendant object- ed and excepted. I 'I I 5. That the Court erred in vacating ~he jury riginal after charge the the original jury had been impanelled had been read to the jury notb:!roharge which was therefter f the Court the defendant and sworn, and substituting read to the objected jury, and excepted. charge to and the therefor to which action �t �6. That the Court and grant a new trial erred on the ground to the law and the evidence ed by the and for Commonwealth, and for 9 and 10 tendered charge in refusing to the after the aside the verdict granting refusal by the defendant, jury that to set was contrary to give tender- Instructions and in vacating charge had been read to the jury, therefor charge which was thereafter read 8, the original jury had been impanelled arrisonburg, 4 Instruction and the original another the verdict and sworn, and substituting to the jury. ilding Virginia I~ September 8, 1952. COUNSELFOR DEFENDANT b I certify ssignments ttorney n this for that of Error a copy of the foregoing was handed rn-. Notice Rockingham County, 1'952. 0 -~~ to G~Qrge D. Conrad, the Commonwealth for 8th day of Septe~er, IIIH ,,.,-,, .... IIMi,a~~ ~ of Appeal and Esquire, Virginia, ) ��VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY COMMONWEALTH OF VIRGINIA v. NOAHTHOMAS LEAR ( \ Written at the trial Thomas Lear, statement, of the case in narrative form, of testimony of Commonwealth of Virginia on Monday, August 18, 1952. adduced v. Noah �,, .. ) �2 --- ------ CALLEDBY THE COMMONWEALTH Ogretta I Jane Dove 0GRETTA JANE DOVE, having age was 15 years, She lives and that at the of Bergton been duly her in Rockingham County, She has gone to the 7th school in February, father her of the child erine, and her Lear in December, on a sawmill the home of Willard as working ear rest turkeys, and at that some talk there. Lear with orch ouse. with except a mile courted her her her sister, and that Lear father's consented, nd that Lear that her sister Lear intercourse with made no outcry, that and the Lear while her at came she was went out on the in the time were in the kitinto her mother's on the bedo nor any subsequent and Dove remained and Dove then left, her he were visiting sister that con- 1951, Lear and she remained and she at carried this the parents came in the house her up, at from the June 17, She stated Guy Dove, and while stayed home while Katherine, That her but hel~ing some, but on Sunday, in West Virginia. Lear picked oom, and had sexual hatshe with father quite that Guy Dove, She stated that ii her not She testified children and sat named Kath- Lear around n the bedroom combing her hair. hat for the the home of time, to her the home of relatives there at that became acquainted came to the Dove home, upon which occasion of the of her She stated that and Norma Ritchie, She testified of just She first out of 1950, when he came to work for her father, and with ove home. birth a sister in May, 1951 when he worked knew him better West Virginia She lives including reside. her the village and dropped 11, 1952. is Noah Thomas Lear. that above near.the in school, born on April parents miles of the approaching at which 10 children, father, sisted grade 1952 because which was a girl 5 about Virginia, testified was June 30, 19520 birthday home of her parents line. child last sworn, on the porch and she and her sister bed- She stated complaint, the entire time. went on to �J; I �/ .3 I church. She then occasions the after screen her, that, off Katherine testified that and that lay Katherine on the the window to her and some others but Lear had relations across of her the foot was\awakened sisters. by his knew Lear was in the room. trouble on July that month. on the porch, Lear not 8, 1951, since That on this that her certain That That her this she first her knew she was in her menstrual she and her for her that June 17, 1951 was the with Lea~~- and she knows this went to West Virginia. on the porch other boys, sister that period got him out and that night. She was to menstruate. or men, and that pregnancy. first bother was the first 1951 she was supposed gone out with with sister went back in the house, with was the man responsible and that occasion what day in ·July, she had not and that she had missed sister then had relations bed, upon she was sleeping That he did not snoring, Ogretta her 1951, he tore 8th of July, room where of her with That day upon.which Lear· she is positive she had relations .. since it was the day her that at the parents ,, She also on June 17, 1951, she bled, intercourse got on her underclothing, That she did not to church anyone else_ noticed the blood, her clean innnediately afterward, the but put her steadily !pregnancy 1noticed for Iiintercourse slip She also on a Sunday. I in 1951, and ha9- nothing August, offlher some of the blood clothing. but that That day, That neither her in the dirty and in fact, every day. that she went sister nor to conceal clothes. That had been mens- That she revealed was positive She stated bedsprea she made no attempt 8, 1951 took place \lnot happen time of the and upon her mother's and skirt that and that 1952, which was the first condition. on July blood. 2 months, in Febru~ry, her skirt the blood she had be.en menstruating truating testified that that that day, Lear to do }ii th her the act but left her that the her family of it did community thereafter. �r ( • J_ �4 Mrs. MRS. JESS DOVE, having Jane Dove is her JO, 1952. been duly daughter she never knew her wasn I t going she mistrusted had noticed husband evening. of June bother to be with all the period to Ogretta a lot. nothing beds years of age, Lear had paid Ogretta boys, a little. and that and that sisters attention to her Katherine Katherine were getting !were at a picnic. ready for 1were in the house, and stayed i Lear and Dove left, !then after ened in the house. er parents through late Sl::e that she early in that her own bed, and was with he had courted with other Guy Dove. their hair The two children when Lear that Lear and Ogretta hour, came out and they walked tell her anything had happ- that on another the about and Guy one-half Ogretta the window of her mother's That Noah Thomas and the other in the house with she is 17 were home one Sunday in June, She stated didn't that and that preaching, She testified were on the hill so much. returned had had no dates occasion in a car. Her sister she She testified about that nevertheless, there testified sister, sister I the preaching. and that Jane Dove. They were combing lnove came to the house Lear, involved; they sworn, and Ogretta on that That Dove of Ogretta That her it. in the house. been duly and a sister in March, about around unusual Katherine KATHERINEDOVE, having old on June went to West Virginia 17, 1951, and that the other her boys alone, children Ogretta any man except being she noticed that pregnancy and asked by Lear's and other That daughter's my boys during something testified she was 15 years her to leave him talking the morning didn't her with sworn, swelling, daughter she had instructed Dove and that That she discovered 1952, when she detected and her Jess that turkeys, room, that that occasion, Lear she heard when came in him and m �" L �5 woke up, that Ogretta didn't stated Ogretta and Lear on this and went to her sion, June 17, 1951, room talking \ she heard about but messed bed. up. as she sat her clothihg Dove Residence. 29th until was going stay all which not his home at return. and returned and Charles but ecamination tr.at Lear, that in there face was not was not briefly he left but left working with Lear He did no 1, 1951 at for Jess After left Dove, that Samuel Byers, in Charles he on Saturday, on July in November. that from and said Virginia. 1951, he left mile at her home from Aprill date again she lives about½ again 3 weeks, she stated but bed. that Conicsville, and left her or the boarded June 17, On June 16, 1951, remained Virginia, He returned about they testified upon which latter parents Guy Dove, sister sworn, That Lear clothing. departed On cross \ to his time he stayed Smoot, 16th, June 16th, in her moth- with came out, occa- By Defendant County, at her home on Sunday, taking then Called in Rockingham on the first That her hair upon her she was something Lear and Ogretta and that been duly which there that was wrinkled. She saw no blood that when he came in the That when Ogretta NORMARITCHIE, having the Jess hear but occasion occasion or outcry, hour. Bergton him out, on that on the porch Witnesses above and let She testified she could no struggle one-half flushed, door 8, 19.51- That she suspected house er's the go out of the house was July between 1 she unlocked Lear's car, her house he did Bobby aboutn::x)n. on June she does not know where he was on June 17. i I Samuel Byers SAMUELBYERS, having old and lives Conicsville, been duly at Mt. Jackson, in Shenandoah sworn, Virginia. County, near testified that he is 21 years That Lear's home is Mt. Jackson, and that at he �/ �6 was one of 16, 1951. and Charles the Lear, Lear all after Lear the next that good lives that 1 with they ½ hour, stayed IByers \ and that Byers at then departed this others, back That lville Lear went been and Lear Samuel the Charles next noon. that and that that he at sectim night he and to That he is Bergton 16, they at day. 24 is a brother after his 1951, and remained about That they took home all that night That Lear took all his Bergton. Smoot sworn, 1951, that that Thomas Lear. next Byers got and testified went and Lear to Be~gton that at the he knows that he was along after Lear. on that day he, Ritchie home and that Lear and remained the took at him Conics day. Lear, Samuel \ confusion as to Lear's I day, 17. While June 16, and remained the duly to Bergton, Conicsville all too Lear home all Smoot on June Noah him when he left was on June to in Lear's he went Bobby about him all BOBBY SMOOT, having That at testified that Bobby Charles remained Virginia, with own home. with when Smoot, he was with there sworn, and Bergton he was with I clothing duly He stated Samuel to his he,Bobby Lear Conicsville, Lear. arrived and been at to Noah Thomas brother him home on June friendso CHARLES LEAR, having old, Lear he stayed Smoot take that that Charles years to Saturday, stated that Bobby Lear on that day and He stated 16th, are came after and he further 2 weeks. on June that They went Conicsville about group Byers, and they they testified they were that they were at Lear's that they went to Mt. their and Bobby own whereabouts all testified with him at home and at Jackson, Smoot were that various and one testified on the they were places. Conicsville, in great following with him, One testifie one that testified they rode ��7 around and went to New Market. Guy Layman Dove GUY LAYMANDOVE, having years old that or and lives he was only 10 o'clock at in Alfred went gold were the that Dove residence morning came out house O~retta not know what and then had been porch. did not happened in That inside the old and that lknows and 9:30 about May brother the car. and any house stayed in Lear or messed the the ho~se, and Ogretta came out up but they across and in talking with But gone porch and Ogretta house. That had on the Mon- of he did remained½ hour that 20 left. ALFRED LEE DOVE, having and hear excited Alfred years house the 26 Lear day his family when Lear appear in Dove were not is he knows the remained the he Dove and Wilbert of their in Lear that was Marcello rest he did with it but the That on the the occasion Dove went he and Katherin~ \but That that he knows 1951, because he and Katherine hour. that on May 27, date said and Ogretta about½ that Jess and Ogretta Lear house the correct That testified Virginia, on that mountain. sworn, Bereton, to Pennsylvania. along Katherine duly at the 1951, was the 27, been lives on May 27, at been Lee Dove duly Bergton. sworn, That testified he is a brother 1951, he went to Pennsylvania this to be the the day previous. correct date because he is of Guy Dove nd that he had been he in West Vir- 1 iginia ticket reverse in used side evidence. on his the trip date, He produced to West May 26, a bus Virginia, 1951. ticket which 'l'he bus which had ticket was stamped the on the was introduced ��,_ 8 ( Noah Thomas Lear NOAH THOI-1AS LE.A.i.'9., having I at Conicsville, I on June Samuel Byers until July with and that which he worked that for Jess at the and Bobby Smoot and did not 1, 1951. That he was not at on that the Dove home with on July testified time he lived day he went Bobby Smoot and Charles there sworn, Ritchie He stated 8, 1951 and denied ever that having 17, to New Market he had been at 1951, but that Guy Dove on May 27, Charles to Bergton any on June to Conicsville Lear. residence with return Bergton he lives Dove until 16, 1951, he went back to Conicsville Lear, 1951, but that \ Virginia, June 16, 1951, during and that been duly he was not relations with Ogretta Dove. Upon cross July examination Katherine Dove testified 8, 1951, upon which it was alledged house through Ogretta's that this that it the window which was fixed pregnancy the day their father put turkeys the day he put that July they 8, 1951, according the turkeys 8, 1951 was a Sunday, on the then came into recalled to her Jess the date and Ogretta on the range. not have been a Sunday. entered if the Lear by her became known and that day was July could that that it wasl She testified fathers in his the date after that book, Dove testified ran~e the but that book, must have he but been rong. to rney -~------'-~ for the Commonwealth ___ p.d. ��9 The foregoing testimony adduced Virginia 1952, v. at sixty this statement, the Noah Thomas within Done written days in narrative trial of Lear, was after final judgment therein. day of October, 1952. /2JA J_ the case tendered of form, of Commonwealth of to me on October 22, ~ . , 'tlfu -Judge~rcfflourt Rockingham County, of Virginia I I The foregoing testimony \ Virginia office adduced v. Noah on October written at the statement, trial Thomas Lear ~ol. ----- of in narrative the case was delivered , 1952. of form, of Commonweal th of to me and filed in my ��\~ ' '\ Bus Ti~ket introduced Alfred,_ ,,:~.: -:. ..:.. Lee Do~e; ..,.I_ ....,.. . ., . . , ...._ "'; • t ~ I " f• ' ~ Ai- I in evidence ,' .a+.~---:~- . ~ 31 page .,..'---.,--,,1 ' ... • • ,.. • Flnal Dntlnatlon-,-....,..,.....,...-.,.....,.________ _. This check shauld be retained by the passengeruntil dKtlnation is reached subject to inspactionby the drlm at any time, and is to be surrenderedta the drlnr wh111 the er's ourne is completed. \ \ ��VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY. Commonwealth of Virginia vs. NOAHTHOMAS LEAR ��Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth of Virginia Jesse Dove, Bergton, va. JO Ogretta Jane Dove, Berggon, Va. 70 to appear before the Trial Justice Court of said County, sitting in said County, on 2nd day of_~,I~u_n_e~----, to summo .._______ _ ;:itwH'""a""""'-r..._r_.,i...,s.,..o.._..n_..h.,,.1,...ir ..... __________ 4 g::r.·,,__V-"--""a 19-52-, _ at the hour of_--=J.,..:.....,0 .... 0,>---z:Pc--o,,r,}.--. •..--------- of that day to give evidence in behalf of_ ...... c...,a~ro~'±~,b~---------------------------- in the pending V. case of __._ ......... ..__.......... _________________________________ Woah Thomas T.ear Given under my hand this,_~2~0~t~,h ____ 10-5 l-2m-Garrison day of _ �Trial Justice Court _____ 9643 A. Docket No. ___ _ Cor:i'th tR I,. (l'J Q) >, co ( V. ( Witness ( Subpoena Noah Thomas Lear To June 2, 19$2 at J PM. 0 >, C. 8 Q) :, b �In the :r-~ameof the Commonwealth o;~Virginia: Shenandoah '1., the Sheriff of llafXil:D]o County, Greetiag: •.••S.a.muel. ·~Y~.l;'.~ ....~.:G..9, ...EPPP.Y..S.m.oo..t ......... . G.9.P:i.~.S.Y}.lle,. Va.) ••••••••••••••••••••••• ·······················•···················· ···········••••••••••• ..••..••••••• ..••••••••••••••••••••••••••••••••••••••••••••••••••········ .................................. ;, ................................. .c···..... You are hereby commanded to su(mon .......... ... ............................................. P.9.tP. ... .......................................................................................... , .... ························"·······.. ................................ . ,, ································•·································· ............................................. , .................................................. . ................................................................. ···················································,, ................................. . to appear before the Jttdge of the Circuit Coiert of Rockinglnm County, at the Court House thereof, at 1 o o'clock, a. m., on thJ...8.th.day o/ ...A.Ug.u.s.t,....... 19 t::.?_, •- .• ,,~.. d th h • -· • • • • ·.- • • •• • -t-n e •+rut to Sa) in t,::.-'-"-lt.,- ~ue uet.,_·.,..,_dant in the prosecution of th,_e.C"',momvea~th against.......................... . ................................................ •••.................................................. ,.N ... ~:P. ...~i:t'.hom~ s..l~~r. ...·:···;····················································•·············· ···················/·····•'&.••····:..······· ··········-·•·······-----···········--·················--·--······· wJ;o stands charged with and indicted for a felony Jlll'lilJf,DiJIIC And this you shall not omit under penalty of £100. Ar.id have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ....14th da:~ of ...Augus.t., ............19.52., and in thel77"¢.year he Commonwealth. ., -2: ./.f-..,.··-··........... :================::;;.;::====--=======:::::;::;:::;:;::====~-1 _Ll'L'.r. ....... ..., Clerk ��TRIAL JUSTICE Criminal Docket COURT 9643 A Com'th V. Defendant A'r - l Appearance date -- - - ---- 0 -- 2o ...~-2- Suffieieut probable cause. ~2-52 Sent on for action of the Grand Jury. �, �Docket No. ✓t !/lo . COMMONWEALTH 1/tJr; of VIRGINIA ) vs. ) Felony (stat.rape) ) NOAHTHOMAS LEAR IJt Harry Blatt Own (x) Appointed ( ) ' 'J,.? p. d. • 1/ ?i ~ ;50;;,0 rr/lt~ ).13/0 CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. �. j � 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 Noah Thomas Subject The topic of the resource Felony Statutory Rape Description An account of the resource Defendant charged with felony statutory rape Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 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_005 Thomas https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_005_commonwealth-v-oscar-w-harris.pdf 0ba9ad22f5c96b639458605f34d2e1e6 PDF Text Text COMM()NWEALTH 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 their Court of said oaths do present day of September, did kill of the·commonwealth witnesses evidence. ATTORNEYAT LAW Oscar 1943, in said This indictment HARRISONBURG. VIRGINIA that . October w. Harris, . . .. . term, the 1943, upon on or about the 10th County, unlawfully and slay one Lloyd Allison dignity LAWRENCEH. HOOVER County, at its and now attending in and Cash, against and feloniously the peace and· of Virginia. is found upon the testimony sworn in Court and sent before of ~. the grand jury to give �) MANSLAUGHTER Indictment COMMONWEALTH v. :.: - - 1943. OSCARW. HARRIS - Felony: ~ctober.Term, A True Bill.: Witnesses: l. E. P. Landers 2. :m.F. Dennison.--3. Carson Knupp 4. William Knupp 5. George Bear Lawrence H. Hoover Commonwealth's Attorney. +, t-t �CO' ··or w • 'fl{ vF Vlif'l A, TB.L S EPJ ] T 0 You are hereby and WilliP..m n r,pt a 100K 1 G •. ore the Ju.ge c CQunt,y Gct~rt fic:.1cle, forth they ca."1 cho~: • why they itfnesses a.s a.."ld served se J. Ho for Hobert n eaol1 t.rial tnii; .ith, W. ~larris, in any .ri th accor«ing fail inf., to li:n1, said 12.th day of JanuaI·Y; then and there Sv1i tzer, Clerk of the County, in 1 if to ·ur;::;1..1cu1t, to sumnons f t:~em accor,_ing And lL...v e of said be dealt ~m.ld court Ci ·cuit room thereof, .,ho:• cause,. to not of tte t o oou-in:.on•;H.Jal tl:.. in thE, odse of fer v .. - scnr Cc~i:rnou·, alt.t ti e cc. rt shculd t,o law fo1• tJ ·•i:r con. t1:1rnpt of at ten on Carson t::nup com.~anded to s Col.:.rt cf f:ot..;kir~;han:. Cot:.r~t.y, at tb, COUNTY, GRE..:..TlNJ: this , t this sa1 issued ems - being 1944.. v:r1 t. Court, Vii t t 12th day of January, t11- ess, Cou t 1944. ~ ~~ ~ ,/ -----------------' Clerk. �0 l 0 �TO Tlih bHE1U 11 v"" You re hereby Willim ll U! cou ....t of County h ...t \.iO attend HoUtle, v. trial An J. Robert flOUDe of & itz 0 not oul. s a1 um on to PH t e Ju ge t t to h b ealt oourt '/ ircui e in t ereof, rt ro C caus • ny if ;i th ace rd:ing in v. sc r r ~ them :1.r1 .:> 1 ur 'ant "ailing o e the en there r, Cl rk of the id Co nty, thi to ccor lng to l w said t 1 o case being 1944. his l th day of January, h J s f •r the common'lf;1. l th in the oase of on each d sorv for 1 for eontem t of s witmes Co ,on r,alt set ir "'i OD'1 .•mantled fore p t ap ', • .. County, at t:1 ·they oan sl10·, , ~hy they to law for 'ON Witness, ·1ri t. id Court, at tbe Co•rt 12 h cley of January, r; ___________ VYV;-~ '7________ , Clerk. �l I • �COMMONWEALTH OF VIRGINIA, HERIFF OF ROCKING.H.AM COUNTY, GRE.J:!.TING: TO TH You are hereby and William Court the Knupp to appear of Rockingham County Court they County, House, to law for their the Judge at the court should contempt as wimiesses before forthwith, can show, why they attend commanded to summon Carson Knupp for not be dealt and served set for trial this 12th Robert Switzer, House of said day of January, and there Clerk County, this with of the 12th this said in any according in failing pursuant on each of them according And have then J. court if to commonwealth in the Commonwealth v. Oscar W. Harris, Circuit room thereof, to show cause, of said the of the case of to summons issued to law, said case being 1944. writ. ourt, Witness, at the Court day of January, 1944. ��IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY, VIRGINIA C01'IMO:t-JWEALTH ) ) v. } OSCAR W. HARRIS ) ) If you find voluntary of not less or by confinement ATTORNEY AT !AW HARRISONBURG, VIRGINIA in the indictment, by confinement in jail of not exceeding not exceeding of inyou will in the penitentiary than one nor more than five by a fine guilty years; one thousand one year, say for or in dollars, or by both such and imprisonment. If you find LAWRENCEH. HOOVER Oscar W. Harris, as charged his punishment your discretion, fine the accused, manslaughter, so and fix a period CHARGE TO JURY him not guilty, you will say so and no more. �'J: t .. .... j' l ( 0 ~ ' , - .r. 11 .._ II .tb I eno rl;t od' b ! ') ;. J: i!r I.J 1 A �Commonwealth of Virginia, Rockingham County, To,wit: Virginia rendered, this conditio.n: and they each severally waived their homestead . to their recognizance; yet upon ~ That if the said ______________________ _ ~:wr::~~ Court of Rockingham County, _________________ -~-~ __shall personally appear before the at the Courthouse r!f_l/-::2 _____ ______ Tc~rg ofv{J~_f exemption of said County, the _Jay of 19 ____ , and at such other time or times to which the proceedings may be continued any court or judge hereafter on the ___ _________________ ------, or further heard, and before having or holding any proceedings in connection 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 -f _ · force and effect. ITNESS WHEREOF, I hereunto affix my signature this _____/~ ( _______ day of_ ___________________ _ ��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, ___ E_._P_._L_a_n_d_e_r_s ___________________ made complaint and information 10th J. C. Swartz, ofPT. Clef~ .. or .. J, Court O_s_c_a_r~W~• ~H~a~r~r~i~s ________________________ of the said County, that __ on the on oath before me, of said County, has this day day of___s_e.p.t.ember slay one Lloyd Allison of Virginia , 19 43 Cash, against These are therefore, in the name of the Commonwealth the , in the said County, _ did unlawfully peace and dignity Oscar 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 kill and bring _ w. Hards --------~---------- to answer the said complaint and to be further dealt with according to law. Given under my hand this_2~3~n~d~--- Memo. of Commonwealth Name Witnesses: Address �STATE OF VIRGINIA-COUNTY OF ROCKINGHAM, TO-WIT: and for the County of Rockingham, State of and .................................. . have this day acknowledged Commonwealth which they severally waived their exemption, themselves indebted to the ) as to dollars of Virginia in the sum to be made and levied of their goods and chattels, yet upon this condition: That the said 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, ················································;:J::;······································ . or J. P. or Bail Commiss~ '+a \ 0 I-- .., C: C'll 1-I-- "' .., 1-::, 0 u <1) u ·.:: -."'::, --; ·c f--< 0 z.., z ~ ~ Q Q ~ ~ 1-- < <1) ~ u ..c:: .., --; <1) 0 Cl -; C: ·a ·c u ~ ~ .., <1) "' 1-- ~ ~ C: 0 8 8 '-v--' "' >- >- "' '+a ..D 0 -0 .., >c: '"d C'll t: M ~...... °' 0 ..D <IJ 00 C'll rn v ~ ..c:: C: .., ~ 0.() C: :§ ·c -~ Q.) <1) > ;.::: 0 u '"2-g :l u (1) fli~ 1i1i i~]~ "' ~t ..0 0 >- '"d ~ 0.() C: >< ·- U-l ~ <1) 1-- ~½ N, Cl Q ~ "i "-.I.~ ~ tA- ..: tA- tA- ~ 1i \ ~~ ~I ~ (), ~ ~ tF¼- tA- (1) C: 0 "' ·c 0. 1-- I-.., "' ~ ~ C'll 1-- ] v> C'll ~ t,f\. r~~~- l:E l:E 0 (1) en > ~ u ..c:: .., '"d tu I-- "' u "' ~ <1) 0.() O) u.. "' <1) <1) C'll ~ u.. ~ -~ .., .., '"dC: ::, u.. -~ -."' C'll "' ::, ~<!) <1) <1) <1) 0.() <1) .s C: ::,"' ~ ~ ~"' ~ (1) ...... u -. .., ,,., "' <1) C: .., ~ 0.() C: ·a 0 8 C: :s C'll <1) u C: "'C'll ,,.,'"d (1) C: -; <1) ~ C: 0 \ \ ><1) 8 C: 8 ti s 0 t: ·-.., ~ U< i5 < --; <Jl ~ 1-- Cf) (1) ~-< <1) -; ~ "' tF¼- C'll ~ "' C'll <1) ~ '"d -·a -~ .., <1) 0.() <1) 0.() ~ ~: ~ <IJ ...... C'll .., ~ -.::, �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham to appear before the Judge of the Circui Court 'Y....a)) of_......~~·················· 19✓--¥. to sa)) in behalf of the Defendant 'n the prosecution of thcA7monwcalth- ~ Greeting: ciRockingham Count)), at the Court House thereof, al 9 :30 o'clock, a. m., on thc..../... ·························································~···· •••• County, tcstif)) and the truth to ag~inst................................................. . •.•••.'21'-.~~·········•·················································· who stands charged with and indicted for a felon)) misdemeanor. And this )Jou shall not omit under penalt)) of £ I 00. Witness, J. ROBERT SWITZER ~ .... 19.6.£..., da)) of_.................... Clerk of our said Paper Co. Print ou t, at the Court House, the....................... . and in the ../...i ...............))car of t c Commonwealth. f) Massanetta And have then and there this W~ ~~..-~./..,. -·-···~··;t;;,d::!........... .... FORM NO. 6 Clerk �_/~¥-~ y ~JP TRO ... .:, R· (., .& ~ Tu ~~~L N Pc.J:1.-:)Jt\ ull,:' 1'a 01' i::..1.1vde, :..;xec o~ted ~)'p~t ¥ ~ +rue t::. S :.n I~ _, pl$~ 1~$t , ~ ~P• 101", ).J...\•'-'• ~ ~ ~ ~ r~ v-<SA.. . _ __,____ Not finding._~..)& place CiS 'JOd.C • l} '-- ••• n ltz's . t ~·oo.r 1.• ~~er Ll0!".1De t $ /~.J, of a,bod~, E~o~llt"' copy of tlis ...-- ......~ ...., by clallverl tokMu,ta.~~ ~. M ..~ ,, ~~~~'I- rr-,... ·-~ 9-1e l_/1~-~, .at his u~U:ll. _.·e c, ~ » .., .., _, (jJ. fyjµ,tb-1 ~ h --~1- i, ~ ,,, 0 ' J lfi-r ~ ~ ~ _,,{ lf? ,g, .J lf 1 .t ~· t,. �In the Name of the Commonwealth of Virginia: You are hereb_ycommanded to summon.............................. ·•·································-····-··················••······················•···················•·········- ~:::::::::::::::::·_·· ... :~:::::::::::::::::::::·.tJ=zw~::::::::::::::::::::::::: ---············································································································· ·········································-································------·································································································-··········································································································•·········· who stands charged with and indicted for a felon_yrrnsd.cm.e.ano.Fr And this _youshall not omit under penalt_yof £ I 00. Witness, . ROBERT SWldER. f. ~.............19....... da_y of_............... }-zt; And have then and there this W Cl~rk of outai~t, at the Court House, the....................... . and m the /. ......f ............. _year of the Commonwealth. J /_,,,,_ /• ..... , v······················• .......... ,.•.,.. ,--···>··~-··v-;, Massanetta Paper Co. Print {/ FORM NO. 5 Clerk ����In the Name of the Commonwealth of Virginia: e ... ~ .. You are hereby commanded to summon ..... To the Sheriff of Rockingham 'L:...~ County, Greeting: ............................... . t.••Z•lf~••···••••••~··:f_~, ::r~ Ye ;jj_~ -,.: who stands charged with and indicted for a felony misdemeanGr, A~d this you shall not omit under penalty of £~00. And have then and there this ~ W~~:/ ~ROBERT SWITZER, Clerk of our sa~rt, day of if··"'=':.V', THE SERVICE PRESS , 19)/,/_and in at the Court House, the ....Z ......... . th•11;2,,_z;J~. Cbk �• :,' ~ C 0 ✓ CII ' (l) ,.. c; 0 C ..., :r < Ill g .... ,.... fl) ';!? ~t~ ::, 00 0. 0. ;l p u~ [!I O" 0 (l) 0 )( (I) 0 C: C: Jo.; - S" 0. 0 . (!) (!' I C 0 -1-) I :' .J u. (!' ' /· 6;) ~ • JI . '' I 'I ' '' I ' I I ;4J✓ r., :!. ::, J~ ~ ' OQ C Ol C: F-'41,/ IV II ') Q_; I -,.,) ;.:J ~ Q) . ~~ r, ' : s::: 0 er, t. Q) Q I .~ ... .c- : 0- I I I ' I I ! 0 \ �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 m..isdem€-aftor. And this you shall not omit under penalty of £100. And have then and there this W~ Witne~R~!~R day oL -/ THB SERVICE PRESS c:ccc. T SWITZER, Clerk of our , 19-{,c/.nd ~~ at the Court House, the ....//. .......... in~~~~ • Cbk �I . • ' -~ ' ~ ~ ~ i~ EXECUTFD/-//.1'.fN THE COUNTY0 ' ROCK[W',H.I\M P._ t::LTVRR fNJ A '11PrJ!!l t;'.')PY.QP ~ J~3 ~ ~ \ l 1 "~ �Witness 18 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 Beverly Thompson, 203 Broad St. of Virginia, to summon _________ and Helen Foltz, to appear before the Trial Justice Court of said County, sitting at-,Hain said County, on 13th day of that day to give evidence in behalf of in the pending case of v. Osear 518 West Market w. Harris Given under my hand this_~J....,2......,t~hi.----- st. ... r¾r---,lilris~o'""n~bl-\au..-.ro'lg.,.____,_yl-.c1rcr1c-gli&.li±n of__ O-c~t~o~b~e~r~----•19.43..__,at the de:tendant Oscar W. Harris Commonwealth _ hour of 2: 00 P.M. �0 ~ N ~ to her, • i1crson, a A> ::, 'O 0 C (V "' "' (fJ (1) ::, r-t ~ -?::::;:Yv-p: :< ,--'--, vl ~ ........,.. er 77)~ Exec'ut9~ ··"···.....·~··~........... b •1 I z0 r-t ~ (1) 0 ICl r-t ... C 0 () (1) r-t E .._ C "' c=;· ... ~ i">,UG:l<Z.<>;z::: /,17.&-"e:~·1"40-t,k,t!"2,-'( -< .... tO .. .... vl • g. 0 t-3 of abode, Not finding +o ·1er. place Not finding, .1aT �����1rial Justice Criminal Court Docket No. 5 Commonwealth vs. Oscar vr. Harris 10-?-43 10-13-43 fIt �' ' �COMMONWEALTH v. Felony (mans.) OSCARW. HARRIS /t> _,/y-t/J /)- ~~ /NV µ'C ~ ~ (,t; ~ ~ rr'{..11·~~ I �( <7?/P1}!~ -- ~ I ·~_p. '-!?'--W.. -11 ~-1'(_~~,,..0I ~~ ',?~ ~ /;JJ,.~ ~-':P~ , ft /6 'A ,.It# ~ a_/~'/71'?'; l 61 ~ ~ 4<: ~I"" _ 9 h ~--(-~ ~ ·4/f..'t:'7~ ·~ ~'1)L.'-Z ~ ·~;nv--{-1 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Oscar W. Harris Subject The topic of the resource Manslaughter Description An account of the resource Defendant charged with 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 1943 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_005 Harris https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_008_commonwealth-v-oscar-william-fred-cubbage.pdf 6645bcc9015823d427dd69d8a68dee0c PDF Text Text F G. H. Parent Co. Ashland, Vo. orm N 777 o. Commonwealth County _____ _________ 0 of Virginia, of __ R_o_ckingham__________, Circuit In the Court of said l to-wit: April county Term, 19 County The grand jurors of the Commonwealth of Virginia, in and for the body of the , now attending the Rockingham Circuit 54 of county Court of the said OSCARWILLIAM FRED CUBBAGE or about within twelve months prior to the finding of this indictment, to-wit, orfthe 17th upon their oath present that February said Lam, said , feloniously store outhouse building adjoining aforesaid, did break there feloniously said approximately and case, chewing or occupied Archie 40 boxes and Twenty Five of the Archie feloniously Lam, then did steal, take, building being night take 2 wrist ( ¾225.00) and there being and carry away, the then found, County goods and watches, 1 guitar cartridges, aggregate of the or and one Remington 22 caliber of the house intent away, to Archie in the building and carry articles Dollars situated store of Remington and in the be longing time with of cigarettes, four a dwelling therewith, Lam in said and other Two Hundred said in the 30 cartons cakes, store and there to steal, approximately tobacco, then and enter of the being, a certain not thereto and chattels rifle, -fifty , in the year one thousand nine hundred and county day of value of goods and chattels unlawfully and against the peace and dignity of the Commonwealth of Virginia. Upon the evidence of Deputy Earl Turner, Trooper J. Lam, witnesses sworn in open Court and sent to the grand jury to give evidence. R. Failes, And Archie �INDICTMENTFOR A FELONY ( l Foreman. George D. Conrad Commonwealth's Attorney ,__ -----------------· A TRUE BILL .... ------------------- OSCARWILLIAMFRED CUBBAGE vs. COMMON.WEALTH ('J'// �TRIAL JUSTICE Criminal Docket 1~<: COURT A 144GB Com'th V. ~ lJ;J.L:_ 7;J fl.M. L ~~ Defendant (Al~ Appearance Date Trial Date .J - .1 ...~~ f ? - J-'f' Sufficient pro::,able To Grang Jury. cause fom1d. ���I. I I j j 1 1 i j ) ·i ~ I '1 �U.4468 A I Commonwealth of Virginia, Rockingham County, To,wit: FEBRUARY that on the ............................ day oft.'"'r~it-c:···tuE°P°ACfE·······(covb···c--cis's CUBBAGE . . _........................................................................................ , pnnc1pal THEIR surety, who justified to ~~ • I 21ST BE IT REMEMBERED, OSCAR VILLIA~. . 54 };Gt ...., AND ADA CUBBAGE and ............................................................................................... . 1.\ ..S9.U::.L?.? sufficiency, came before. me, ........~.~.~.~X ...~.~.~.!.T ...... ~.~. ..1..Q.~!.~B ....... . ............................................................................................................................................, of the said county of Rockinghan1, (J. P. or Bail Commissioner) and acknowledged FI themselves to be indebted to the Commonwealth of Virginia each in the sum of.................. FTEHJ HUNDRED--------- .................................... ................ .................................................................................................. Dollars, to be levied of their respective goods and chattels, lands and tenements, 1500.00 ( $.................................... ), for the use of the Commonwealth of Virginia rendered, and they each severally waived their homestead exemption to their recognizance; yet upon this condition : That if the said .... tx:~J ~~~}( Tnal ustice s C ourt .9.?.9.AB ....'.~ ..L~.h..1..6.fy ....g.v..~.~.~.~r .................................... shall personally of Rockingham County, at the Courthouse of said County, appear before the on Xl(~XXXXXX.X.X.X.)tti(.)( ~X~XX.XXXXXX.KX.KXXXXXX.X.X.X.Xt*X--X ~*~~ >Q;~~ the .....19.Tl-l ........ day of ........ J:.,.R.CH .............................. , 54 AT 2 ~v1 19........ , and at such other time or times to which the proceedings may be continued or further heard, and before any comt or judge hereafter having o~ holding any proceedings in connection with the said charge, and then and there answer the Commonwealth of Virginia concerning ...A.HP. ....P:JJ.~.~.P~9 ................................ whereof the a certain ...C.1:-J.A.B.G.E ...... O.F.. ...eRJ.AKl.N.G ............. . said .........O.~.C.AH. ...tl.L.L..I..Ak ...C.J.J ..C.BAG.E.....................stands 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. . 21ST IN WITNESS 'WHEREOF,I hereunto affix my signature th1s.......................................... day of.. .................................. F.E BRUARY 54 ········································, 19••••••••••••• ................ ······················· R) �ST ATE 9F VI RQI~] I A cou~ 1TY OF ROCK'tNGHAI\: TO ·VIT ~E HEREBY CERTIFY 0, OATH THAT THE VALUE OF OUR REAL ESTATE JOl~'TLY O''HJED OVER AND ABOVE TYESUr TOTAL OF OL'P JOIMT At-1D S(IIERAL DEPTS IS AT LEAST THE sur, OF $2625.00 TO '/IT JQIMTLY O'HJED THREE FOURTHS I 'TEREST IM ll.78 ACRES I I SHEtJAI\JJOAHDISTRICT PA~E COUNTY VIF.G8NIA. GIVEN UNDtR OUR HANDS THIS 21ST DAY OF Fr.ERUARY lt~54. . ~ ~~= lv11'11,£Sf 1't>,.,A~l<J -~--+---fl,=i-=J---~-----....__, ~-- .. .-, ..yo c.,,,d~l-c~tv., rL&>\./J\ ..40.4- Cv~e; ~£} KussCRI /Y ,,4~A ~41:<z«1Ac:' BED h~JC S'•/ORI TO 2EFORl f·.E THIS 21Si _t_.., __ _ Cv(Jd,(~,: r·,.••~ :t:< CC/OllA~II DAY OF FECRUARY 11.954. c~ -1-1 :00 )-~ r• . . ► 0 Cl Ul (J1 d ro :, ,...,..,N 0-0 0 r o==-: C :0 -I z :0 0 ~ ~ f'M :': ,, ,.,.., r r )- F CJ1 0 0 . 0 0 0 0 7-"" 0 ....... m -1.t- < 0 (/) (_(Cl I OJ ro > ► """" r ► r -I I 0 C rJ f"1'J "' ,;) M p ,t, ,t, m en ► �AP v Docket No. rlf'J,-- . COMMONWEALTH of VIRGINIA ) ) ) vs. Fel. (hb) OSCARWILLIAMFREDCUBBAGE I .(. I Lawrence H. Hoover =-=-=---=--==-=--=-=--=:..:=----=----=-----=-=-------P· Own ( x) Appointed ( ) d• (l '.' -0 :r f -0 ~ /7 lµ 11-¥ CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. ��Commonwealth v. Oscar William Fred Cubbage CHARGETO JURY If you find not guilty, you will If you find in the your than discretion, hundred then dollars then constituting hundred dollars in jail for for a period or, in a period not exceeding him guilty not five him guilty value of Fifty Dollars grand larceny, as charged for ten years, twelve of housebreaking but find say so and fix one nor more than exceeding ten years, his (~500.00). ment in the penitentiary not say so and fix months and a fine of the you will Cubbage, as charged in the penitentiary in the indictment, of property more, you will by confinement twelve Fred of housebreaking, one nor more than If you do not find charged Oscar William say so and no more. at confinement less exceeding accused, him guilty indictment, punishment of not the his ($500.00). or therein, by confine- of not or by confinement months and a fine of larceny ($50.00) punishment a period as less than in jail not exceeding five ��~ommonwealth v. Oscar William Fred Cubbage INSTRUCTION --- The Court resting instructs upon the guilty beyond every material accused, the all reasonable element certainty or to do more than beyond doubt thereof, Commonwealth to establish evidence reasonable guilt all the accused doubt. the accused of an offense against is necessary the satisfy the burden charged it or beyond as a whole the all that Commonwealth to prove does not mean that absolute jury of the possibility for and thethe accused to an of mistake jury that upon the is guilty thereof ��Commonwealth v. Oscar William Fred Cubbage INSTRUCTION --- The Court present instructs at the scene or participating such crime, The Court or act believe is guilty further one who is aiding and abetting as a principal tells of assistance further from the the jury in that constitutes voluntarily Cubbage guilty punishment any partic- in this case. that if a reasonable the at the then you shall of housebreaking with other the scene and participants find and fix charge you doubt of the ~am Store and abetted in accordance jury was present and entering the offense, the beyond Cubbage, aided in committing instructs evidence the accused, of the breaking said that in such crime. The Court that jury of a crime therein encouragement ipation the the his to the jury �.. �Comp. Form 18-A l ~Fo~1~ TO ANTTH~E Whereas, No. _____ To-Wit: _ OFFICER: i~µ~~~~~~~~~~~ ""-- bo to be further dealt with according to law. (bod" s . b f the above accused, to answer the said complaint and And you are also directed to summon as witnesses. Given under my hand and seal, this color ___ _ Address --------------- □ color ___ _ Address --------------- □ color ___ _ Address --------------- □ color ___ _ Address color ___ _ Address _____________ _ □ �STATE OF VIRGINIA-COUNTY Q..,_ _________________ I.------------------- - to-wit: Trial Juatice Justice of the Peace a in and for the County aforesaid, State of Virginia, do certify that and-------------------------, to the Commonwealth ________ as hi1 sure ..,_ __ --,, have this day each acknowledied themselves of Virainia in the sum of _________________________________ indebted --:;;. _ Dollars ), 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 ---------------------- _, shall appear before the County, on the ________ to . Circui,t Court Trial J usticc day o,_______________ , !9__., 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 farther condition that the said--:-------------------from the date hereof. shall keep the peace and be of good behavior for a period o._________ Given under my hand, this _______ day of _______________ _ 19__ days , --------------- T. J., J. P. tI1 >< n0 "C: n ) < !" ,. ="' Q. .... _vi· :r " ~ c) ~ ., 0 .... Q. ~ '.:1 ::, (1) ., t-l 0 E ..., 0 E I'") 0 "' "' n0 3 3 0 ::, ~ "~ CJ) C: 3 3 0 ::, 5· l1Q :r ~ ; ~ 0 ... ::, ,. ,. "' "' en " '< ~ ; "' "' "' :> ;; ::, Q. ., ::, ("J " '-< ~ '°Ij ""., ::, n ;;- ~ ... ;;., :,;l1Q " :> ... ., " ~ o::1 ~ ..., .... ;:;· ., < < ::;· ::;· ... 0.... 5· 5· 'O F' F' ::, ., ~ .., .,., C: Q. Q. '< ::, ~ ,. ::, l1Q ... 0 ., l1Q 'O 'O ., "' ., (I ~ ~ Q. '< o::1 .,.., c:r "0.., 8. 0 "' :r Q. "' t-l ... '< (') En '-::;· C: g 0 !'/l s:: !'/l 0 ::, ~~- :r " ., ;;· (') 0 i:: C ~ .... '° n 0 l ':< C: ::, ., ::r- " ~ 0 ~::, l1Q ~::, ,. .,, "' ,. "' ~ ... "... .... 0 .... "... n 0" l1Q ::, ,;"' Q. �COMMONWEAL TH vsu!¼c-erd.c.)v,,. ?/IL/~ t..l' dt.. ?<--- 0. DESCRIPTION OF PRISONER Last known address ___ Color Marks Height ) /' ({2 __.£.11~~~~~-..L_~:::::.._ _______________ Eyes,_~=--=-- 1 /(' Ag'°-e_f-=-----3=--Date of Trial1-__::_ _ _____Jc........r___:=----;-----~-------------------Result L/~ ........ Hair_~~=b-=-- _ Weight / I~ ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ..........Deputy ..Earl ....Turner., ...Trooper ................ . .................. J. .•....R ......F.ail.es., .....Archi.e ...La.m,......and ....o.sca.r- ...w.1-1.1.i-am•··Fr-e<l················· .................. Cubbage ................................................................................................................................................... . to ap~e.a efore the Judge of the Circuit Court of Rockingham County,at the Court House thereof, 3 at t©;'X1h'clock, a. m., on t9-e......llj_th ............... day of... ........................ n·ay ............................................ 19...?..hL to testify and the truth to say in behalf of the Commonwealth against .......................................................... . ~""£:j~j:lwho stands charged with and indicted for a feJ/ny ~And this you shall not omit under penalty. And have then and there this Writ. Wimes .R.©BlltID&WdffE~btif~i;~t day of.. ......J-~8.:Y. .......................... , 19.?.h. ..., and in the 17 ...8. ... ea TH ■ ...... a Pl.EU, HAU,UONauac, .... the Court House, the ....1.0.t.h... �~~ ~o:: Commonwealth v. ) vi tness E-4 E-4 ubpoen~: ~ ; . ll+, .,95U: EXECUTEDs/4/.if IN THE co TY ot at 9 : 3 0 a • m. ROCKINGHAM BY DELIVER!:GA TRUE To M-ay COPY O T WITHIN~e, • oz E-l> ZH H ril H µ:1 ('.:l ~ co ~ • ._ 0 TO-!;i!..:...J~-L~~:z.._----- . <d µ:1 ::r:: c!:l G:. E-IZO pH IN ~~t ~ 0 ~.:i 0:: 0 0 O E-< H CUTED6"° -//-,f9N ROCKINGHAM BY D HE COUNTY o G A TR co ROCKINGHAM COUNTl DERMAN FF R8CKINGHAM COUNTY ��_y / 0 Pt#lu ��W" .. @~ ;;=,y,-Ji.f JI fl. �- ���r 1 . Co;n, .. V, fY~ ~s_ f-11--JJ ;I JI. ~· ��1 ~3/lk; ~ V, ~~ j- lc/-J{- ll-1/, - � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Oscar William Fred Cubbage Subject The topic of the resource House Breaking Description An account of the resource Defendant charged with house breaking 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_008 Cubbage