125 20 4487 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_008_235-commonwealth-v-madison-brown.pdf 86f4b773b8fb4e8f6ef704d5716def6f PDF Text Text l ~OlJllO~ -\LTH vs. ::ADI:JOURWI □ CHA:tO1 70 ':"ii3 Jl1RY If the :.b.1y T1ill Ju-r;,· tiJ.Ji Jci: na -.:.1-;."f?'"P:od in the runiah1n•mt :or li::'e, p:u}l o-" murrle:- in t.t:e "irat. indictmerjt you will or for ,wy than rt"e ieath, or bJ not. p-ui:ty tr1 the rurishrr.ont than wt aecoriJi de~rae h;- con.,.inerr.ent. int.ho renitentiffr:,• twcwi,:: :roartl. of murior nor r.o ...,.. t~111n t~enty r:lo'1'rcn as.r so !"nd nscert91n ~ufine: Leno r.:ot leas him uot ~llt~ ty Ji° murder a.J..;.;.ert.!l1n ths leas Lir.:i t'1lilty u-i.th I.!:' you fin;\ but nrowr.. Jo ,, ,d r.o m:>re, r-: :..ou :'inl ilia t.n~ tt::lC.J:oed. J;:-iliaon in tbe "'iro--;; de...,.roe. ::ou will sey ao qnrl 1n ~h'l r0ni•~nt111ry net yettra. I~ ;:ou ~1nd hlm no1. f!"llllt.;., oC eit.'h.er o! tho !clonies aforetSe11, 'but ao and ascertain ~1.lt:,• hie or volu.nt!U""l JUt.ish:tent n.13nsl11u;;htJJr 07 ..co11!'i'10l('n t in r,ot lef1.l tt,..nn O!'le to:· DGre trt~n !iv,; I "'fOU '111'111&RY .,-,,4..,.z. 1.r.0 -pen1 !.orit.i'lry _ __ ...............-.... _.,.. �' I ..• ' • • ::; ~ .., ., �• • •• l COIIJIDIIWUL'm OP VI:!';IlfI.4, to-,.11': COtl'~"l"f 01' !\OCX1li'm>J.I, ul~ Ill CtROOIT COURT OJI' SAI]) COUlf'l'Y: '?bo j1ll'OTS of the z.na 'bod7 of t:t.e )owity ,:ourt, or 3:ooK.1.ngb.em.and tiow upon tho1 r 01tth. pr~seot, day o! l!aroh, I o t ,.arrteonbul'g, in the City Gibeau. ~••e• 1n t~• •m of the vslc• aaii .. adiaon dlach.ar,le '.ll\!ford e.d ,abson; bull,t !ieotu,r.,Pi off, ott. •t.u or h.111 •ltae wouni the said the above/near,, I '.lli!!ora Jibaon. 10 oa aforaoaid ai'ore$a14, by tile woo1d: tho of •r.ich ■nortly theraa!ter aioreoal<i, Madiaon agat11at aaid and on ,._, upoo tlleir aro•n. upon the ease oa-eh aroreeal tho aaicl. •md ,.adiaon d\d :;11'son: t~oro 'JTO"n re1on10,,el:,, s":--ik~. u.r,d petlttl"lt~ br~~•t. ,;1T1n~ to wt th tho las~en right tll!l, l.eaden bullet and ah_ot out of the pietol ilroWtt, ,round, ••· &forethought, 1ul1ce tnen an~ there 01' ~.1J>, th.e ~aid ::aortal oharge,1 pi•tol, lr. and c:,on :he 1~tt .,,a r1otol, hn4 <wd 11e14, then a,d by the d1schar~od s,oid t,adlson tea.rt be1D.E. lhod.iaon 3rOlfn, w1 th tho ar-or~tllO~b.t. tnon said and o• hie to, llioaon afore•o:1 d. above ..nd tt.are o! h1111tho 91l1d Cl1 ~ford the aei.d Clifford nent tn• as •tor~said, wilf'W.1J. eforoll&id, oel'to.in a then an<l thero out ot 1-lie p.tatol wnd shot 24th. body of one Cll t:!'or<I r.t,ich th.!lt the said and aforeaa1d, in th.e Com,ty bullet, "1.ltul.l.J. atoot on th• ia 1'1&ll~• ator,or.<>"t:11; •. did ms''• l!Town 1n !>ia hJuiJ i'alonlou.el:,, tne eaid ,etf,;eaa.111.g :0C1110n.weal 1:ll t'-.en and. tt•!'• Lollars. o! ______ ro,. ill an.i 3rown. at ~be ellid a;adioon i!r=n. gunpow4eT and. one le,d,m did and ama, and of witlt and \h.ero • tl- 1:adiaon 1u and 'lJ'On th• or said f el.ontou,n.;;, wilf•.ul.], an a&91lul •: that w1 th force 1920, 1' V11',-11'1l8, C0"""°""•a11.h tn and upon t!oo left Cli!!ord Gli>oon, oce aortal !!e, -:,,., seJ.d Cl1!fcr<l day • .Uecl., d, do eay, him, t be a aid 011 fford broaet. ~ibecm, Al'l4 eo the ~h&t JcrOT• the said Gibao n, 1L tha """1ner and �• .... r'"'-' -u.ho-\JJli 'PJ:88:GJ;OJ• lll'alilm •q~ ~q ~Atsmo·.-~ot~l ·a • �.. 2• • by tile DIH:>s aforesa11, ato::-ethougnt, folontouel:;, 414 lc111 Md mur4er, •nd of h.19 ml1oe wilfull;-, tbo i:oace ,gainas •IA dignity o! t;be Co10o:imreal tb of Virgima. L')>On :ho e'1 t&nce of John I.. I.o,/,;;;, ~rown, Dr. J, Ji, 3e1dler, OJeo 0011r-; &12d .. at to th• I and w. L. gr,nd Dillard, JQ.I"J' to . lladiaon ,tiTe irown, wit""a~e• ff14.eme. J;ertba 8Worn 1n �@ Conunonweal. th .... 1~ i J.;<i41aon !lro,<n Arri l term, 1920. } '-J) ' '~ ,.::,. _,s') -l f' j '>) a truo bill )l ---- ;o_R~l C,v (/"(,,/ -Toremii . -.,. ..;J 7-r--l ...-.., t i l, u.r..&urian Co:ruwnwoaltb.'Y Attor118}' .• •• �• lllST!1i1ffiOII Tl:o Cocrt 1ne1.rnots 111. tnoell<!II 111 a cnttor 4otomntns f1ront 1n tho roailt _ to be their oto.torol'lta; and all the tuot1 cm tho tr11!l.; -- r.M to [1vo nch d1ffe1'ent ooa t.to ,r1tnee100, ~ roro their tbe r""'r.O!ILblena■ll Ill' o£ ~onintiffl\; encl v= 1n of the 4ilpc.rtie■ intelllflll)co: =u mtl tloo their eh1M11 tbo1r gmu.bl~nore o1rcruutru,o~■ cro41t to the teat!·~ or UlY of 1 hc,m, c o anc1der to the it &JlT ie or "iao, domo1111oror be,r.l.ng tl!iile teetit,'11'1["; CCA!ll!! \, to uonw.4or Uloir lntoreut or thD 0IUI0; thelJ:' roletio:teh1p teelinll end ti to tl-.o toetincny !fT"Il Ue7 llcve II rl,!ht ooz:oerne.l: thelJ:' ter.rer, er. the jcr,:r thZlt tl·<> cro01b1llt7 o;rolU81voly for 'tbo ~. tho we!rilt witnoaco1, 1'0, ___ ot '-l'!'0ar1DB ot t.l:1t tmtlor nll t'ho cir<r..neton• u, • �• �• • I o. w'nPt,l-ter it ~d it ns : ia o 'Ct.- dil'\ !": wJ-t."-'l:'!l:lllioe 0!" e= I! ~ 'lC.t ll 11•- :y to en anA W! t 1.... "' t t- A ho::i,;i'd• co ":.•:.4ty a 4l j~nt1fiab1~ - + 1,,r"""rr. It o L 1 !l@lt' defe. ...ea 0! •~l! ~tMl:!cide B "!1 d.S?tcnee, on, t ~ 'l>:; mirch ,,. .:,)1,rrpe~=a--;,t_111!t. r'():t" a d,.·ct•y i o:- a•ri::u"" eat :!..n t provocatie~, "", •itn.:-7 JML. ai it~ed Ul"Jbn t,. e- l:l-P pe.=-a .a..., h on a ~uffici~nt ::,o~~, w,ul but.. ul1i:e, ion n~ising :1-::.1 - , ~ W@pon or by pa t!cp ..r.A 't,;, onf! o'f' th.ft ot·1"r o"' ..:J o: ~r in the ~, su:'1 e ~~tor ht~r. ac,:, unf.f"lr cirou.m ta !is ~~T:pt"~r-ator '>'t t1,1nc.-a t 11"\t nn. ... _ o" ':.~ l '"'a=!ci-'r, ct 1e ot �• • • . ' , • �" ••' •• ?:&11011 or malli.1• ator,inoUJJ!"rt 18 .any formed d4'Hiit""'not ... 8!"!a1ng froa • feelJ.121t o-:bat.re~ or i!oras eloeh.t•r. •~e;. re-Y•nE:• •~itlltt. the dAceao.elSor troc w1ei!elnnoa at 4.tto hr,art 1TI ganeral, • msT!IJ0'l'IOII ,o. l,lllrde: flra1, lu dlat1ngul.aho! de,r-... A".A cuni.er • !n :, P, • .,. la 1.he aeoon~ into 10urdor Ill th• legree. !llST!ltlC tIOJ5 110, 4 • 1.'U:4er wt!lcll et1C"Ti111;. llllU'der 1a l■ or llll;7 other c:4e?' tn the aaoond ln th• ~e,,.ree. ,>e,-.etra~e<t wlltul, !ire\ bl' J)Claor.. 4eliborato der;:ee; ■U ly1n,t 1.n w•l~. 11n8 rre..,.~1toto'1 o~!>er .-,urior 1a rile: �' •• • .S • 011 ffOITO~el!t ,o ~ teell t>e,:,,01 'tn• 't.O , .... :,u1 '0 ol '"""" ;Ill at :~i;i,o:!10 .. 0"11' eoU,,n "IO •oUell l!ae1 • "10~"1 ,1111111-, ... ,.~:ert• od.t ~ o eoe11be.-ol• . lo llloal!:I "JtlOb •II: : a::, !ir>J •l!'le'l'O• i!l!O'J"I 'lo ber.,.,ceb • l"" et: o o ii ,011 IIOI:'O!F.'1'£111 ndS iil itthlllil 0:111 .. , .,,;, '(d bo:l•hrl;nl:elb .ol"<l\al> t>nooe~ el!J nl ul -setu:. ~0!1111,u1,.1n oo~e.lJ :s-:.li -~ .Oll ll~I!::0Ulll.'8tl ,:law Ill 1).!:\,;[ f9tl!Jll~er.:07-r "1•1':i:::s el •91::= ,llOBloq etd ~.: •• :e,r-9q b,11 e:,n:odl "•dso !Ia rel> .!ui.uw :ee"ll\01' J IJ'll~ •1 lloldlr '101'-m!i ~,o..,,.,,a ,l!J:!Yu:■ orl~ r;l ':teb"""' 111 ••lmrm ... .co~~r:, A..ormea.... , �• • .., • • UJST'IUC':'101!'!O. 5. Every unlllw!ul second d.atrroe. firt.t. ,rli d!:!---:0•:.1• ~ • ,._... \be o!!ena• • nom1o14e 1.4 ~reuwnp~ively murdor 1n \he ro order to aleve'te thn a rrenae to murdeT 1n the 'burde.n ia on tbe Co:uaDnt'!o ilth. wnd. \o !"fl,iJUCfl "- " -r .... ~ J ........... , ..... to mo.nslaullbter,.tha hur,ten 10 on 1.~o priuoner . 1 �' " ,. • • .a • w • ..,._,, ,. • •Y- I " ~ 1:1:C"JY."lel!I ■l .,,!!>Ir • Cle - • l, ~ &1: ;, l r. .O'II e d.,;,.,u, :,a" .IOlt>Vtf V9 ~ D f,i'h' -ro I!, .:il r11fe~ -' ~ ..; o:U ... , aua!i: r ,r LC •!St ..... ,p • •""1o • �• • ,. U3l.'!ll<:lTIOff TO oopat1tr.te 'lt1111rg ar."t the auoh 1ntar,Uon ti:ia le,:,-:." .. 4el1her11te is not neoeoaar;;- t"6t •'11 JXil"ticulU doad. at it a w1lful. 710. 9~ the Arxl fre,iGJ1totall 1:.tent1on o! ti.me ptlor -.111 BhOU1d :o ~he doinr. "''.' oo~e inti> euateme o: the ki1 1,'"· to for of the the rirat ti.., �I • • Jd! ! • I • ..... • • • • I , �T:13~0!:IOll The Ooort lnotrµ~tn ,o. l, tho ju.r:r that boen oor:w,i cterl w\ 1.h a deadl;,r waafOI\ ti:• t.he nu• a{ au.oh •••ron. '111::ioh he ioee or •hl~b or hle oot. ·~bore a homiol,la lP 1op11oo hoe iql lo•, from ruid a mun ruaoi. bo talcsn to lnto.n~ tl':,nt le t~e !imol1eta or r.e~o~&sr7 OJ)r.eeqn•noe �' i• • • c,;, !'"CU "!'t---. -.. • .. u ' • • •• - • ~, ., ., • • l •• , 1 • '! • I �• --ft .:Lt al--.e t~~ or ~hr: 11.CC'..\9ed, ..J:d t xklc.'!.)a ht'r b,;.e;ba.:;C. o! 1J m1ty fur1,,l".l"'r Oeli •ve th·.'t tl1e ~t>C~lqeid ant! tho h they ac-::-:.i■ed on rc.:lc ~r rocks ai. :.~ oar.it l~s':1t'Y ~"a , .)ot Oliffordli...itr~~-.... • • 11e. nil'!'' -t b'!'fore. or f!X~use. tf"~ ~ecuo~l\ f?r t.:1!' : ,:: la ·~ a t·~_ftW 1 ~.r; ~•i 4 , t,....e �• • •• • �• • • •• • ✓. Tilf! Oour~ inetruate ho "'r•at, ce-.n r,A\-or :.he jur·• j-..1-;:.1.ty a th-: "l:tt prov!>ca.tion 1:i ~n i .. ! ""I llo e, _iffl!' ?f ~~ mn.tt~r nt)"":eor b• "UlO-:ed to p~:r:oc:>t1<~cAJte o! ..cm1.cide, i, to grf\~ .f,t')U9 !n;.ile & (="! -; the te.r o fnr ha.n r~41.rd to:: h'.1: a.:~ pa t ... o ef"f~ct wro~ig no ~o allow th."'t 11ct o'f a~ultory la u,ife rtth nat.::ral::..i' •:..~t,:~G.~Y au,.. he, ie ~o ~ ~ Jilt y~ .. a r,.;ranr-.au t1: htct o! ii,itt.; nnd,i~i !.on ex:i ted by ~tiQn or p rtinl -tl tt ,.1eat o-r;i,a "'J.-:)'.'l r.r-:::ns, eei~-J>'i a w~(li,on ar.,i el Yll :i.im, pa..""1!.1'.':l-le rs l~ t • t~~!~en~i~ry. !r. t iis t~t~ ty rror, o:i~ �• •• ' • • • • ' '· '" met 1":d • • •.l • 1 • 1 •• • : L • : l .. L • •• �• ,lw C<>ul't ~.ewu<:te tho in c. oeee o=: hcm:.io-lito1 the • fl ?'!.ecef:uey e-rlevono hod1ly - ., prctc~t hurm. .'ury tht.t t•~CUElOd to Q!!.to a11t II ct.Be d Jft\let ehtiw to t.12. r:,.~ 1.1 e, 1 ha c" ;.o n-ntect ~\t'ry £oil de:::'onso thu1• tho d~fenri~ hir2el:!' ~lnt:t �\ • • • ) • �• • \ .. . • JI I • Tho cou:-t or111lir:.n.l caec•, 1..lc,n or lurdeu in ■ tn.:cts tl.e a 3Va~' t. jury a plea or U:.at in th .. a C5.5e,a, '""Ot. eu,U ty raiaeti inno,'1-nce :in 1110 ra~or and put8 or pro,1nl\ bie t,'Uilt 1::i &!l a pree~• or. tJ o Co::z:.ouw1...lU1.~e b~yol'ld reucnabl• doutt. lt,t.l:e~aro:a, upon a conlii.""erat!.an ot tlle who!• caee, the teetta~cy or tilt: wit• nour.ene Md the ci.r~_;urnat;:neee ri:howr. i:1 e-;!1c:nc:-c, there ui ■ t.a 1..z:; tho it.inde of th" jury aceu~~. I I they sho:ud fl rind r•aaoi.a"bl• h.o.:i not dl1.1Lt n.n to 'the gu!lt auu t;. of tl ..e. �• • • �• ' • • • t. re:.iusan: 1-1e td'tor _cr....t "e u1"]')ririec-n end lae.vee ce::-t~i:·,ty tl: _... -"l'!' •~e l-.e cn.ee 'fl'hi ,.,• 'lo~:sido1·oti on of 011 tl1€• 9Vidon<...:,, th& o'Tl'.iS of t':n a_ ... '1Ct nf ~'u t, st&'te i~ort :eY -e ·l "'11 ... ~ nf l e thtt eur.:!:. c-nd11;.lor abldl ... t'ln.Tt.:ti nocu£iei:i. "r· t tt..11:y ::,r tt' a ror.r.i �• ,· • I • �,·• .. • J'l!o ~curt ls euo.J- b Q(![;l-t in~t-nict;:: L •. u~, tllo jta·;· t!Jsf, f' renzonobJ loub,. £. t .. urt c~ nJ" a ~ te:no.1 df"Ub-t 1:>~}!.or-,r 1 ,y ~no 1"'nemu,.,,.lly e-r..t"1rte1-nnd "~ • denee. ti "1f'I n.n c-rb • trnr.,. f et ,a· , 011.bt. ...t ,, t"::Ct.ttht11 f'· "11:ts 1· 1 �..• • • �!i.e Court. inetruott:1 t.tie jucy t 1ite,!'~. t..ni- I?!" ~ r erioaa han, finJcl::. tha.-t t e pr1:eooer • bodily h-n.rm at h.im to de~ as t11!'arently tn, a. wero dffeept.ive nf th l!I id o" l:: l:. n. evt 1 rl -:. ~ 1 , Gil:i:;O'!': t,o kill or 1 Jtil io a:\ G-ibi:on •_r.ey· are ~"~ou.l~ lLti,."- there the to the belle,~e .,,~u in fact prisoner extE-n't t,odilY "'ta by r.1~ ,Jf t... t. appear, no de ien o o: f..Ltd 1 _ ...no r..1ctf:C. .. 1::.1.e.~-o e!'e.nd.5..ng hiJa:selr •v~ I voi11 nario1J then i, :iintit., 1.ere :-e1 eon11bl7 cet":eu~ary, Gi r.s on , e •hot Clifford. t! ,id hi~aelf was juat!! :rrom :.h.· C!" Wq.• nc-CC1fl&a..ry for ea id the •'-" rt:'l.eon'r1.t.le: 1:::elief 1101.cd --m 'tht:· believe! •.h .. lf o hir.i t!r k!llinE nt!e r,i:.r~ eri,1u,f' �• .. • , �• r I U::1TU1C~l ..! o. I - • ,-l..._r~ ) inc.truct fend!nt,;1 hh:ineJ.f ,. · --1:.id Gib-eon. in order the ...o e!emlnc pril}oncr had o. ~,...,....o 1·1rht. rry .,_,:'; J.c.h ..he :_U"i::J t.'y Giheon t>..,."iow-n by tho evit11moe to do h.11:1, the prino1,e':', ouri!>ua oO<l:!ly ha.,::,n. I l I j ��• • • -:t~e Court with d1-U2rer the.r::. tB to act M.11'1. inotructa c1eterr.1ne tL.e necece1ty r~ f-:oaal'ly r:n 1 with reai:ona!.ble dani:er. criz:in&lly the jury fro::i •..h( of re11oriing honect tor b. t mt:11, at~.t.• Then threJ:Lt,ue.d ot 1...1inga surround.int to ee.l!'•di•renoe convie-tion•, a m1a'!.ake a.e to o.ud if tb.ey they w!.ll not be held .u,(. ¢ the ex.tent o'!' :he. •:ea ,, �t �,. • • I 't-le Loubt. a11 to *.he £:taCu ot or-renae er 1Tl-ic:h the prit1oner ruilty, dout.t t-r'a1. thy &.tle doubt 81:.al.l resolTe on i8E If ef;;rte. urdar ..~ tt, •Y 81:oult. find i-,,....>-'"- t.>te.,ree, onabl • <1oubt ~• hin ;,,1Ut--y o! cia:u.!.a\lfl:rtt-=-~ to iibet!ier l'.11 't e su!l end t.y at all. I • 'f!l."f'Or, end :!nd 1r. ~t' f'ir■ t.. he is £Uil ty ".lle::r 1:hou1d fin.a. 1! ":!-.e;,·t ve- • reaE:on~ble 'tt.ey :ue t. ,._ l-Uil Ly 11: I.he sec- 10 wl,tther 1:: t~e cecoLd d.ef.tt-e or rr.tJ?elautil.t.er, in ravor of the 11,Ccuueo nri c,.cquit hill. I in hit h* is £Uil 1,.y of murder a.e to r.tether gr(,c or the 1ieco1,d dogre•, ! ,J thet m_cy be re ol ve that doutt to\o.~t. �' • , • �•• ,· • • !t-:'STP.'"..!CT!O:r 1:0. '!he Cl i f'tord 11ell tt> Ua , tion ot I 1 • Court Gibeon £u.J an:.-· ir:.6-oaer. or the thf'I killing, !rnst:-ucta to -~ by th te queation & the jurJ t.h e prisone.r tJHle: n■ --r :-ior tht1t :my threats .o t!l. eJ.iJ Oiboon. ,ll,;e or whic.l. wer" ~o!ls.tde:-ed. · 1 t.:le- :-di.de l.·Y t?>e kill ~nc, ao:r.n:'.inieated • :..n the ~etenun&<1 to whet.bar reanonable (!:c'OI.U"ldt.o &J'lprchend l.h.. t i;.e int•nded �I ,. • .. • • �J •· ,·• ' .• ' r-t t' C{O<i , "I ., ~ ~ Iv, ~7> ) ....J ti Q...,r t' ;..,., 9 )/ , t d • i:!';~7H!JCTI01! J;O. T!i.e jury t'n.n:t 1! ;.!",cy b 11eve o.re in1;,trul"'t.ed to 1:~1Jel'e oommit 11n aaaaul't put hir, 1 tlu.t. aa'!ll t liy : u"' cece t.h 5 1 ven C:1 fJ/ • _.S.u ~j pt1f 1.\. I ~ b-=J: . 1 • .-.;. abc.i~ we pan or• 1.pone 'to a wou2..d ir~ 1 r.i.edini.e ...:;.ncer ot . ~rio:..~ l:od11:, .:: 7 rorce eed.. G~b o:t, eucb !lron hi~ w1 l e priaoner, f-ror.i !l:e har' ·• ro tona.- ev1:fe!'lce "':t.ut Uio r,:-teoo=r "--~ :right ll {!,....,I,, •' l ... ,,_ ~ ,w £ ... o ;he extent @. tM1PP l\., 6 nee- was o: \he killin T ie..-ii.y fe• 1ftC-ft• o4 11k~ -i.D.J.o iM>D,tl.Aar....Uoa -Ill• "'!".-i9'«""" h U!111'l f" c,nd = !:!t~- ewll ,IUb,.gn....i.llQ. .tJl;" JalO I'll ~S-'""tr' rmt' ~- :-;....of -tlle--1!1"1 a:orrc 7t" ;,1•• :!.!JU~ -0"1.,ri'C1t!-t.i .. =:.1A-;;.t icl-, ....ca.- I I aid .. -1d- �• • • • • �.. • ' • the da.n er 1ml.. ~.1.llin_ tha Jury .. i!Ie firs~ !.:.::rt.,,nt.. il10 p~iaonlil" u:::.t pa s u o[l the pri1on-er's 7iewins a id nct.J.on rro- the lrill lnr; cu.m ■ !ruicr:a in the e.ane, tl!c virwea. rrc, 111 th• action .... ·ieoner't: tl- or the cecea.eity t:nr at.e:l d. the pr.ieoncr. i.r: judrc; Ula na,..., -We l)r ::dee•. et.&nt~oint -t tl.e ti.me of atandpoin of tl1• priaon- gro11nd. t.o ""elieve. l:.im froc ,ro ron gres.t. bodt.l 1.r hia ,,fen3e t ·r:is, t.c. waa ex u11able ror 1;i.a!.nb "":;dt.h jury sho ld f't 1 tna defendant not. £,Ullt:;. Ztate ,·. 1>ona.'tue, 79 W. Ve:.. !tiO, .b.,, 90 S, E. 834, o!tin& State v. Cain, ~Ow. v . 680, point a o: the r., !lab;;.a • • �" •'• •• l -I- -~ ~"1" .., -., - .. ... t .-- ~ ... _:-c ~ ,-· I' .... '"'( - ~ t f""'- ~ • - • , '..-..._ • _, ~ t ' ~ ? , I J'S I ~ T - �• • ..,.., , '1-<. '• «. ,.. ik...nu.1,,,,./ t . .,,, • .I, 1/4( //,t, • • ., ~ ..., .-,j._ I ~ .., ;.. .. • • ""' q._ " _ 71.. .... " r~ L J .. • �• �u . (lM ~ ~A.#-4 I - ,.... /J~<I ;/),,,,,.,..._ • I£µ,._ I/,._._,, i - f..,..J. t. Si.,.,..,/~ '£1f. If ,..._., .......... 't - S. b. l ' A-,1-t •1 l. t:i IJ.,,...• " - ';(, A, µ,_-"' ,t. tv /..,... _,_.._ ,,:/. f ~ IO I f. lL'. ]./. L<,.. ~ ']. 7. f .'i, II 1,,- tu~ (. /t ..{.. r /..,,_..., M-t:._" f'4 ,.,,_ I'. /tf.._J._,(_ , / k.....t �'• a,· t • " ~ - -• "- :, ~ :, -' ~ ':;, "~ 1 • - , "' l ' ' ;::! ~ ~ ~ ••<, ' , • ; • "' - : C: ,,, •' ~ C: A > "- -' ~-0 -~ :,::: ::, r. .•, ,-.. • G 3 Q C: ;:; '< ~ .. • -;:, •- ' " -• • --l "' �CO\l(IIOSWJt-\1 111 Off \ IHGl'lf ,\ K•IC!o.L'\;•11\'f ro (411 ,,-y & ff., \\1tl:rca, }·ro \\IT ,, , ..L, r . a C·on•itJ!>k uf said Co1uu/: of 1lu !0.1d-L<)t161"1-. l1a1o; 1hi<id~y 1uad,t- 11Jus1ir.e t.f the s,alJ Counlr, that -J.. Yr r• J- henJ and hring- hdotl· IDJ·or ,ume 01h.. r JuMic.,,1(d1e ,,:,,l1~ffl1'1ti', 1he txkh or 1lm s-aid " "- f' to an,wer 1ht-1111.iJ c:11tnpbin1 .A 10 l'- fr.nhe-rdt"Ph "i1b n«ord tii: to hn \n•' •UUt. tl."t\utrtd 10 Wtn• UHUI 10 1:11,r,enr t\JlJ gin! C'\'i,h•n('(' i.nht Ital r vf 1heCommonwenhb, ou 1b..· f''t:tmm"1ion wmhini: ,11\ or / the uid nff<'nre. , in 1he \Cllf l'l J.P. 1s,,,,11 ..... �,. I J,11' ·-------r..xi1111.. ,i d1 "'' odli,, 11.~IH.._l&Ift)' llff"f"hff.,. ........ ,._,,...,,.,, 1,,..,. ,r,• i; l1ttt••'I ,,f R,.,J,..,e ....... ....,.i.~fl>41w,1l111l"""""' ... C\Ji,•t,·.SM t, •1tn.-u.tt n,,.._ in p,rtu,11 • ,., ���I • �• • �.... DOCJ\tT NO. YILE NO. vs{IN --- -p. d. FINAL OAOER -- 191 PROCEEDINGS I 1 - -------------- CIRCUn COURT, ROCKINOIIMI CO., VA. �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/. Date A point or period of time associated with an event in the lifecycle of the resource 1922 Title A name given to the resource Commonwealth v. Madison Brown Description An account of the resource Defendant charged with felony murder. Subject The topic of the resource Felony Murder Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_008_235 Brown Gibson https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_007_209-commonwealth-v-margaret-sipe.pdf cc13a730c6cbbdd7f824b5c45bbd6e1c PDF Text Text ' •' Commonwealth of Virginia, County of Rockingham, to-\vit: fo the Ci.rtui1Courl of s.1.idCour\ty: The Juroro ot the COEri:Oll"W"ealthot' \'irslnin, in end J'or- the body of the County or Ro,ckinA*.a J und now (l.ttenc1111g 1.he Circutt n,fu, f'li, ~~•.1'?1•, Cour-t ot "".ld count~• ;-l;F(lt, 7H IR OATHS fl\hSUi'l', ~hat llarga~ot Sipe on •prll 1,1916, in eai~ coun~y. did unlbw:f\tlly, Mli• cton~ 1 y 8nd felonionPly attell!J)t to dnu.niater end ~14 dmir.1etor poison, known as strychnine, ir. n food known •e candy, to one Lillia v~,;cr, oy ~•nding a box o~ said o~ndy, in which the ,aid UaYg~rot Si~e h,d feloniously pl•o•d •aid etryobn1n8 poteon, b; united states r.i&ll, eaid box beinir addressed to saii Lillie J;yger, ~ho, on reee1vir:o ra:ae i!: due couru Of 211. ope::,1u4 i.,. S"td. ,..,'"'OC& Jf'ld •o ,. ..._ it ~h•n sr~ discovered tho said ~01son, therebr endnngoring tho life or said Lillie user. •o ~.all•• th~t or h•r sieteY, core K);ger, ~.o &loo <1d ••tot aeid osn!;,, rucooer.ily g1Yen to ~er b7 the said Lillie lcygnr, with the folontou• intent to injUl'e tnd kUl •aid t1111e r,ygeT, "8' inst t.he pe,ice and di();<lit}· or the Coc,:,onwealth or VirginJa. AIID ':HE JURORS APO:U:SA'LD, Uf'Oli THEIR OA.:HS .llFO!U.S,UD, DO FURTHER PRESENT,that aKa..inoc. the peuce and di6ni t.y ot the Commonwealth ot Virginin. ,2..v..., ff .de¥ 74'9,,,_.. ~...:.,;::__~.,;;/Z,°7;<-'"<1C-'•..:.t ..;~'-"',/-J?.lil ...v.-<-"',V'--'z."'J,:t.tµ_µ."""'~=-:-,.;Z.,_=c=•c,ed.U,_''--"'.J..,,'°':,"""..:~X:...,t'-'@=..?#'.c,co,:,_.~,.._,, ti,_, Thi• indictment io found on the testimony of wttneGae~ eworn in Court and aent. be~ore the Grnnd Jury to give evide11ce. �1,•ay torr,i, 1916. Attampted poison by 01>.ndy. COMMON\Vi;A LTI I lndictn1enc \''S. :.:.>~~,rel f~it" Fur Felony • .:rt,()(" -Mi,sdeme .......-..- A TRUE BILI, ;;-,.:.,.w~~ t"OJ"Cffl.flO '- ,.. :J. ,;. .r ;; 'yll"{ I ' :, ,, /f / f- ._, 3669 • nsrry ,•• st:rickln:r, COllll'\on,rnal~Jl• 8 ~ ttorney. • .... ,, •• ~ ' - � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1916 Title A name given to the resource Commonwealth v. Margaret Sipe Description An account of the resource Defendant charged with felony attempted murder. Subject The topic of the resource Felony Attempted Murder Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_007_209 Kyger Sipe https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_005_151-commonwealth-v-mary-elizabeth-taylor.pdf 2492e158b9b62f45d8642493bb731d29 PDF Text Text f • . n ,.,,._. • ��' . ~ r;i;~ C m.,r. the ie 7' 1s ructs + · ,. m'ea 1 tl! to prov of:fen 11~a ,t, e charged 't 1 • ... t"1at co.nition, r evv r"' r.dir!tment, j ...._,,..':. '.P tmt t1e; P,, n:i the is upon t.he ,._.1•rden and if they h · ch after the Rr.~ r .2.s·na . auf! entire the ~har le com!)arison cf-! 1•,t say the~, :f'eel an al:)iding 1 0f' I that nee fact ~ the ir. he Jury ccnvicticr: e." • Instruction The C-ourt inst ei,in:inf">e tJ-nt Tay10r, /-1,-- )'f then ,,;,y ·~ 4. ,h . J 1ry tl.c t if cti:, the accu~ed was dead, iOo mar.,..lec. n bert they G. hill f'ir1c1 the Wt8 .,,,,' (,,,. ,,,_,,__c ... ~,, ··e . "P t'I-.A entertainirig v1hile ?J.di.;" ·"'t • ,. ~- . ~-e. o.,,( th; ~ ard, i Fl· ac1.__ 1;.setl _i. ; ' (.ft J-,·~,,..,.... t:.e: ✓ I /1 ~:t< J ~; ffw;p.1,"1- w/r /71- �f • �······M··}~ ....,1l,;. '}K r~ /4~ .( .~ ~ i. !l.(1.4A-1f~ .. Ji{~'.·,~~ 't ,~13'71 &«oU--v~ J 4'(}-t-V~ !.,b~(h(~ 7 'th,u/. i ).1), ......... . ./f ~~ ~ ....p../r. .... . ~ . ~..-?~ ;(p 'v4 (!,/{~ 'r h--:-£7. Ii~~ ro J.>,vt,w~~~ LI 1 ~- tJ?. ~~ 9.A,IJ~ . ��.I I , .<ft '\A~1:..,,.:.. '-',:.,, ___ ,.,,.,, i~ t7h ../ Jt L �1 • , �• • r ~ ~✓~,w{-~r-- h~ /1,i) ~ of-£~~~ do ,,___.. £ ~~~ - ~ ~ -- ~ ~~: - ,&,__~-...( ~ ~ . ~- ' ---''[ £~ - �T • �• , r .. ' co ON LTL I V m .4 nd C to unc y u y v. •j t y u t • u th t ur . unt b d ----- ort1 · i th 0 , be o U 0 rt in a i o ~ ~ ~·-'----11 v n t d th r thi . ·t d y t '.ourt :i O' 0 . . Lo ~ ....1 r . of· tho · rt~, , 1 l f_ 1d in th i :J , I.Jou.rt th ,--. t r ~//~ ' th Clerk. �l• I ' .. . . ~ r . 1/Q{~ -:r~ ,- ~ J: ~ 'thlUt.t~J,,;;t, :l, t,y . ~-(J~ ~ ~I • • ~~-::Z ~~--- . - �r • �r • , �,• .. Commonwealth of Virginia, COUNTYOF ROCKINGHA{,To-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The jurors o:f the Connnonwealth of Virginia, the body of the County of Rockingham, Court at its sent that March term, Mary Elizabeth and now attending in the year Taylor, alias Kice) in the year Aff9'/, in the said County, Taylor and him the said~ her husband; Elizabeth and that the said D'llard,(whose - ~ ? - Taylor Taylor to-wit, ~· band, one~- and there then alive J ()~ on the of' Rockingham aforesaid, to the said against day o~, feloniounly A..Dillard married, ( ghose day of' ~ alias maiden name was Mary Elizabeth had for Mary Kice, fter- H. Taylor as n ~~ 4:fC:lf-e-8~ •J aforesaid, Dillard then and there Mary Elizabeth va ds and 11hile she r1as eo married pre- did marry one ~~debept, -. ·,.: oaths ary Elizabetr on the H. the said upon their 1911, maiden name was tary Eli~abeth H. in and for 19 o? did marry and take in the County as her hus- and to him the saidGf"61:M.-J.n111ard 11as then ~ t e said P~box"i H. Taylor the peace and dignity er former husband b of the Connnonwealth of Virginia. Upon the evidence vitnesses evidence. of sworn in open Court and sent to the Grand Jury to give • -------------- Clerk. , �·, ~ ', '\ • r .. ' ... . '' . . ... I .. .,. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1909 Title A name given to the resource Commonwealth v. Mary Elizabeth Taylor Description An account of the resource Defendant charged with felony bigamy. Subject The topic of the resource Felony Bigamy Bigamy Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_005_151 Dillard Kice Taylor https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_009_287-commonwealth-v-mary-grove-and-william-dove.pdf f6a8fc2ef83890fc66272f9f21f176b4 PDF Text Text '• ) Cm1,10'{\\'EALJ'LJ OF \'mCtKl.-\, Roct1:-.c:11A\1 Co1...1'-Tr, • }TO Wl'r: ,. 10•----- a Cou.swtJJeof sui•f Conni}': --, \Vhereas. of Lhc said Couo1.}·,hos 1..his <l:,y mndc "-'<>mphtin1 nnd informmion on oa1h lx;fort;?mt:,·,-~~~-~"- •/. lhal lw,1 -,,I le oi 1he said Coun1y• .:L of the S..'lirl Counry. on the b -----uJus1ice doyof-- -----19'.? , in 1hcsaid Councy, did ' L , These ~u'c the-rd on·. in the name or Lhe Comrnonn·~,l.d1 o( ,·ugini:.i, 10 command ) ou for1h,, l1..bto apprc• hend ::rndUrin;:: before me, or some other Justir.c of the sniJ. Couu1y, 1he bodr or llh: ~:tid,---to aosne:1 the s~)iJ comph1in1 rmd 10 Ix: furtlH::rde,111witb ~ccording 10 l:Jw. All<l.>Ouarc ~quired to sum- mon--~· CL • • to appC;trnnd-rdv<:evidence in hch:)lf of 1heCommouwc:il 1h.on 1hce~amintHion IOuching the :i.t\idom•nc:<'. Civcn under my haod ::iml:¾!!ti this,·---- • in 1hc -'ear 19 r J.P. IS.all �' ,·• ) ,a.,s/ ~,t,,y ,, l ~~ ~ / 4C;- 19 1. ,:i., JL 1 ·,..,~,.~Mt.;,Roollt1~J"{'.,t ·o.111r �Commonwealth of Virginia, 1To •t· Rockingham County,J -\Vt · c1f th(' i,:;ddc..>ouJ1ly <af llockiof:)J:\m. nwl Ml"<'rally a:ud r,•spM·tivcly a~kn,)wJr•IK1'1)tl,f'nta-l'lw•i lo hr in. to t.lu- e111)JJ:n(t11\\'<'flilh ot· Yirgioia, jn UllUll)~l' :md form folf(lWi(ll!~ lhAl i~ tl) dPhh·el ,< fiily: thf' ttiJ_ ~vC,,.. ____________ _ _4~ __/_:£.~----~ ---·---------------- in tllc.Jium of~--- CilllJUlfl-C: 11,•f;l~h,·,1 l'rom IIJl' Wd,£,_:.,.__ J, _________.£f ·- h,>mh, ot' lhi,.. !--i1Ak. lO tho U8('t of lil{' e<immom-..·i'Jlltl1or Virgini~~ if th<"Isaid I /I_________ ~_ .,IJ.Z_ MnditfoJJ~ u11,lerwrittc-u. 'flu~ com1ition of th.t• riLove r1•.-ognintnC(>is tnwh tl•~1 if th1• :,h<n-(' l1<1un<.L_____ __{!(_~ __If -~----- --------d'l illl(l '-bflll l:lf'f801rnlly,IJ•pe-.n 1,i•ft>rt.• tho C'ircuit ~ .day of the. --~--------~ __________ Court ot Rocki,lgh:uu. ou th\1__/..__ thereof, bl!ing lbc )_f_____ 1fny ol'--~~~f:::_!'_"_____ n.nd lh 1•11 nnd thew ,w~wt•r the• ('ouutl('lnw..:alth of Vir,Kiuht wbe.u•or lhe sa.LJ_../A(_~_/:f. __._~----- ------ _ ____T1•rm nMt 19:!L.. ~L fl1(l C<•url-bu111;cth1:l"<'of1 c·onO('J'Di11(;' n c·<'rUdn -~--- ---------.:,;l:.an.ds l'Jrnr(:ttil1 anJ tth:))Inul ,1,·pilrt lhence withnut the Je1n•1•()f aaid CoLLrt,thrn the nho"e l'f'Cogni.zancl~ ~hnU be ,·oid rmtl or no 1.ficet.~)Llwrwii,ct.o J·\•.mniuin full foroc 1\ud\;rtuc. TakPu and oekuowlt-«.igedbdol'e. me. the dn:t nnd yc;u 6rs1. o.Lo,·e written. /y~~ ��• " •• • CO1!lJOJ;·11F'AT,m!! OF \l'!RCil1!A, COUliTY OF ROC.lallGPMI, ~o-w1t: r" thG Ci!'GUit o'£ t:.1e i.:cmaomv alth The jurors :for the body of the L,-c :a:s.i.l Court !o Ji~B-4!:t ot ~~o i926, or aalel ;ounty: Court at lts October -,;ha.t 1ra~ .. Dovo. a •~i te man, tor State ,u,; t:.6 ors.th.a waoan. a resider.t .26t!: W or ~ . Slid t119 i 1nter.tlon • ,·~ u~d did !'. of' ret1.~!'nin& u:ll.awfuli, Dovo, and a whito 1·a1on- ,,,_n, in tllo of' 1.;aryl.and, -e.ud e.1't.er-.va:rda r~turn&d to Lhe oou.uty state !lto:resa1<1 with !".er'3. w1tl~ him. nfore "1d county f .te Id Tlilli= and a &to, a,:a.1,ist io::.t:. i"ttig_ • Love and ro!l.!1.1wife in ti.te tl-.e neac,e and dignity at V1rtlin1a. ::i:il:~:;,::ent GroTie, "-Cb: J. Dove. noie!", tJ.~ cohabi t1n.c- llE r~ ~o=omre~,t!: ~t-~ ~~.lrt u_pon thei: the 1mr,po.ee of me.rr;;;tng hire.. tl:e nld 1,'1lliac sidef 0 1926, attend- Q<J'i1 Vlr 1nl& with o=e W~ll1am ~. to t!"".e 3-;a"te of '/1rg1!'1&, 1. csl,y marry term, on or a~ou~ the tl.e :aid Stnteot iY1111ez ~- !love. Rookin .n!lltl e.nd GroTe, a oolored St.a e o~ ~:~&1,nia, lott oaid or oounty o:.' V1::-~1nie. in and. !a !ot.nd ~ ~ :>on, on U:e taatlm.oey . ~. love, O•o-- o f.l-ttic.o, an, aent 1:istoro tL!t cran4. Ju.rt to .Sa1.l~e Slloe- 1fibesaes 1,e ac: :J!--41a: mn:tm 1n e-,ideco-e. �,__ Com.'Oomoalt!o v) l1ullotmont l.:o.r;: ~rove :"olony October ~er~~ 1~2G. / J.. Tr,ie llill: · ~ •lp_• ti. W~L # t,·01•!)ntfU1 , ' D. T;, :::;UJ."f.1$.U :01ir.1orMG!lJ.t.''a AtLoruey 0 '!'-... ··: , • . �• - ' l f Co:.rnosw&Al.,TU 01r V11\G1N.1A, 1-0 wtT R•IL-.1.1:SGti\ "1 COi "iTt • of me,,..i,1 Conn1y. ba, tbi>day mod. complnlnt uml i.nformatioll ,,n oath bl•forc nlt\ T • • o Ju~tit(I of th<"JldiJ Cout'II.)', lhlll- o( the suid Counl\., on 1h(, n,be !1h.• therefore. 10 da, of 192-.., in 1he t-niilC'ounl), Jitl tht name orlh1!Com.ft1()n1'1·t.-:thh <>I\'ire1n1J1. 10 cumotiuld ,,ou fonh-w1th10 lllrJ'l'f'e· h('nd -andbrio2 bl'forc me, o.r oomt, mhcr Jus1itt of t-hl!»aid Coun1y, 1h~l>Oi.hor llw '-raid .. mou Wly of.- J. P. <S•uU �' • •• ' • • • ~ �• .. • Co1no1on,vealth of Virginia, l 1, .. . 0 ltockingham County,! _,, 11· B IT 1:""'" ...,au 11,,, '"' ,,... A~--~/..___,.1111,•l••rt1r,, 7:- ·•·~..r .L--ef~ . ~-- i,,."""' -1~ 1,,,._ Y~~~- _!2=~----- --,ff'~ / _ 11,1"'-. ~. t!~~ ----~ce'::::.._ --- --- h~ tl/_<-4,£..,,..f,,,~ �• ...' •• .. • �, �• �..•' • • CO!,!!IOmr~r.:r,m OF ,·11101nu, CO!J';~"{ or l.0(:lCl:JiGJUJ.:, to-wit; or ::,, the i,1ran It Court ot t.ho oou.n~y o! ?.:'te':.:i_ ....ll1II ti:e bo y :)o that tits Ootoh William J • Do ~t ss id CouPt;r: ~, , 11,,.. np11.r.:. t:.elr :926, 't tt reside .. t o~ tho Sta:te or ;:·1rein.ia., ....J.3 ot !.te.y. 1926, ou ore.bout ~!.o 26t' o~ '/irfinia. W11.1 o•,e t.!arJ Grove, ;,•ar;iosa or roarr:,in irrtention her, of rotu.rn1n the we=, 1n in i,,,hO dignity Uorcuald a. color~d t. e ""r-::, t • si-..--.:eor t e &id State W0'1'ln, for _aid J.Ja-::yllrovo, '='l=ed to t...a oount1 and. state '.lro·,e and rea14od lott the uncl. v.ith ~o ~he s· ...ate or Vir 1nla, u:.i.wr- 11,- anO. telor.iou.&l colore oa.ths do Jresen-; :.he and. d.if. ~1 d L:ar1 Gl'O'TO, a t;;,l"jla,i , aro,.esaia. rt th the Ba.l.G.J:ar. cohabl ti hero wt tll. her, oou: t:, e.nd. ste.te, ~ as ':llin end "1 ta at.,..a1n,t the neaae and or tha Coinmon,ieo.l.:;l:o• V1 •g1nta. ?!.18 1 41ot ent C-Nve:' .ro J1 ie fo,tnd Oil u:e teatimon,v Dove, ~lie <:>fr.Ll.lia?n Shoe·eker, �., ,_.. 001:unonwuti.l th v) Tn~iotcer,t Tiillie.w It; Dove Folony Ootobor tore:, 1926. J, Truo l!ill: - ..LJ.9• • d: i) • " • Yo ,.;t,.:: · . Ee l"l:la!O ~o-~.r.i~r:w•alth'~ l,.ttoi~ne.v � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1926 Title A name given to the resource Commonwealth v. Mary Grove and William Dove Description An account of the resource Defendants charged with felony interracial marriage and felony cohabitation. Subject The topic of the resource Felony Interracial Marriage Cohabitation Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_009_287 Dove Grove https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_010_310-commonwealth-v-mason-winston.pdf 9cd4dd8b1c9552940a11a0cce63e4a6e PDF Text Text J,, ,~,,,,,_,mbef,,'d J/11• ,ltnftt 1/m.s, tit! /'I' I,, /hotij!J l~!'tflh, ,f. td 1m,J. /(} 11!' rl~,. l 1i.N.ut~ f 'm41t _~ /lr,r"l.-wJlrmn ,',,{,11 I~. fl. lhr 1,•111/r'" '"11 plho'-ti/J, '"'·, Ill (JTI "'" fl f,tH1 • t -9)i., / n- twlmi/ "' lh(• Ut/f•,rda,,r 4-4-,,,, Co,ntr '/, 11/ tiie '"'!Ior~ II,~ ill,,,,,,,.,,,..,.,.,(ifon '4·,,.,. ?1-~ ('our'lg' U) >. ('(lfllmOn- �• �In ,he Nome of the ComruonW<-JJth of Virginia: To lbe S11.-rllf o( 1{0t;klns;b.1utt County. C.rttlin111 71.du..%✓~- x::~./w~.,~: " 0-n.L..L,<,J. f-, d/'., fl ,,. l,,fM• •H/1.~rr~f,.at tlu J,.J#f' 77 ...d~ ,.f l/+,l (,'l, IOti',tft,rJ,;..tr.m tfJ lt'l>ll/'y (tl'Vl ,,.,., u,,o. •• ilnlla ,-u l~urL /~ Pf/;,,, l.hJfl1JJ.1n ..!):}!_11tj/. ~, 1lny<rf Ii, 'f•t!/ in IT~hl,lf Of tltil' D<e/~ndmu ln.lhr w1·,,l/h, pl11f1uifi, ,,4111,1~1 -,-.//4-.,,,;t:- prosteri;fo,. ?'J?"-4-.,.__,__..?J.,,,.~ .}A (l,e, C."'t,t1rl lf.t/'I"' ,f/tJie (',,,,it,WII• �.., �t• op,w~r b<fflrl! t~ Jud,.- H,.,...'< 11.,,-,,<Jf~•I JOw rl•). ttf tW Ci.rt-KU C.-rl a. .. ~~,.. ,Ju of Hod.ill!I. _./...,.d;r/.....da")I •f ,,..,,:J, 1•¥1~ i• khal/ of th Corn-o-~11111, //n L<f-...,.,../ '71-~----r./ •• e,.ti/!1 Gad,~~ .m CMJJt~. al -?>, ~ ,.~ n•~" �Exlcuted by deilverlr,g " true JOFY ce the wl~hln aum.m:,nin peraon,O.P. F'aw1.,.-y, L". l'!aa-bell, .~uft'>eaLewt Bettai.e Tuo.kecn, [arneat 'l'u~k•en, . ·"':ry St.oneberger, ·1eorg Stonebel'.::or, 'ir.cr T-1.lfner, Arm1e te-.te, rcr"er ?ea.a.._,,,.. "'a~,.cc,1 Willi.a, ":'cr:io· Qr ·wr; V1ri,1r.\a ~:..i::la "• & !'r ~.v. ilili:•r. tl:ia tt.e aSth !ay of AJrll,l&Za C./deruty tor C.P. rawley S~ertrr, ~4,.001-ingtam, ~ ,Vir~tr.'-a. M4 • ---- 1 '~ 1 . ~ l ~,1 . . ',, i J::,.' '4 g t.) "'-\ 't... ' ·,~ ·~ 'Ii �Co,nmoowc:Uth o( Virg,oia: r.Iu ,·n Jt'R1 �r . ~ • t ' {!$.,--. '- ! ~-"'\. ~ ' '( ~"'' 1,1 . 1'l-tt~A../ ,,,,,,-d--.c - - .,,, ",·" • ' ) l > t., .. ' - t "'1' ~ I • • ~ " 'j -~ '- !!' • i> 0' ~ "' -• C 0 E E •• C j •• .. • '\ • ~ ' ~ t i - -.. ~ .,, 4 • \ • t 1 j'lfi' ur /(., : !• i E C .. t s• 1 ��' Exiau;ei 'cy .::1e:1ver4:n&a true ;qy or '"he l l:tn dtlm.llX>D in rer.-oq. Jame• Wtl10', ~ .u.r-u:e, c.,. Shiflet Walter Runaton, lleorge Bryant, VI.P. ravle, Sa~u•l ,la~ll ac,n, George Stoneberger, "ort BeaaJey, J.r. Oaq•beJ.l, o~ Paret Harry Stcntbe;zer, 1're Arin1e ""l lll1, Aaywoo,1 1Hllle, •,era Annie Cubbllll;e, • v.,-. ~ult:. ~h day o! A~rt!J93,. dar,uty fer C.P. PH ,ey Shor rr -~~ Pc~ll:tqb..a-., re, •:tr, tn la. • .... I~ \ ~- '~] .._,.. ' .. ') 9\, r,,.' Q) ~~ ~ ~~ ,::-. Ii "~ �lot Manon Wina~on, 1 .l ,VIII/' J I( hi /I,• / ,,1, t /" J, ,., 30th Robert Swttze~ , ' I April, ,, '" ,, /I 1, �• �TIJ l'Hb ~llhRIFF OF ROCldXGHAMCOLlXTY,\'!HGINI.\. /1 1,,! tHt ,1fr,, 1 1 ' u!o•rJ J J,,, .. , #II/N,/t'W'N 11tr,,,,., f f'eU,J!!I• 10/f /i(f "' /{'I ll,-,.1'{ (>,',t /,1,j "' l?. JI,~ 11,rf i~ otlth 10 jr(Jm ,.,. pt,;u, • ,,,,~ 11:1pni;1 ,;11,rliMII/,, ~,-..,. ,is Ju1()1/ ti /"' ....tam, ("nurn,rr,,, n$Utq tt'JJ'lfi' H(lfl.m,JR.,',/,41 fV"ill(,.S<f,' Mason Wine ton •I A'th"J.'lt"'' I t. K1eer 01'1011 E. llulpb c...,,_o of R«k:11,_ (.t)f,.,,-ri!t,ni j'c•NiR. .. U/;r/: 1at t "'',; tht' Suter St•plee N,1/Hl"(tffN/"'N ,Juugc« •,•,11tpf.,"'t', ut May, '"' :,/ , 1<1 28 ., 11,.. r,,,-,,,,1 C,,,,.,,r cJn.,~ / ,.,,,.. 1/I) a. ,:,,-_,.,,. J. a. "· J. C. Bradford ll. Minor l'linB V B. s. Armontrout~ C. V $. I). AnaeaR"' P. V C. Spader _,,,,,,,- R. 'l' • Ar~ent.rout Ii. Saker~- v" "" A.. P. A. s. �• L J �In the ~•me of the Commonwealth of Virginia:~~ To the- ~heriil vJ ~ C(l1&AI.)'. Gn,tl•I ,·,,r,urol (11 ,.,(,yr11ni,111,,,l,,l111 ,,mm n ,,,,,,t ..r /;,f,11.- u,,.,lud~t> 11j' tit~ ('1h•1tlt i'Qurl of llof'/d,rff1nm ~ff/, (ti II," ('11111/ d ll1r•" lh-trv,,f. ,,t 1111;,,T,,,,,.,"· m, Mio.~ /~ ''"flQf 'lA '-'-<d n1 ,..I;l ftlJ.1/1/t,- Jni,f/1 fo 1t,y 11;.bi'-hQt/ I>/ 11,~ D~/4'-nd.am in 1hr 11n1f"('tltio11 o/ /f,,, (' ,,,.,,.,.,, i,1 tr tlf(f U ''''"· ,., 1/11/i/f, ••f ~ ~--,1-7'{./ ~ ~~-?'l, ��• ~oir.•omirnm OP n :inrn.1., co~? o ao:n1mu:. . Th• Jurors at. i,s ten, April insto11 cowity aforesaJ.d, peaoe of aaitl •:aaon the said eu.npowder !':a.son. '':'inston di so.t.arge son; said, off, of his said a oorta.in to pistol llforesa1 tl,• U,o said and form aforesaid 'tto..y.t afore- "-"" wound ti~ Ja,oes TUo.tson, ortal Tuali:aon 4.n,Y ot ;,~ ru~. foloniou did ki 11 nnd •rur<Jer, ly, leaden 1nato11, in and upon tt.e body Jai,ou ason 1'1c ton, T,1th the eiv- arll ohot out ot the llleohar~•d a.torena1t, and 71111'.ull,y, ind pon•;rato, did wound; "rom of which s6.1d 1.1:.esaid 4tL l1Ye; 01 t1ll!ch s,cl.d 7t_ 5,9,!Jl wil..t'lu.1,y, a~IU n•\ b..tore~ o! iho sa14 1110r"'talwound -cpor; ,;hci r OIL~l:s ator,aa!1., t o or d&.;.17" 19;;;.a, in tl..e count,- ln -t:he count.7 a!oNsaid.... Co!!:il:l.onealtb of VJri1n1a.. did tl·o J oadon bullet t.he body of said anA latl611iel.1r.G Jurors 1.then a.nd aad.d James Tu.cK- i'eloniounly, d14 etrlk6, in 1u1d upon the- aald :'e.J:'1.-.a:r.,t 19 ..8, that w1th tce11 11.m thoro 1928 to -t· e 7tl and ao hnd. ar.d held, with said the by U o r,aid ;:,,i,te:oh'i".'inston discharge<! Jn:ne-a Tuoko.on, ou" l,e, he, tLnd.. upon tt,e 11:i~, d, by t!:o so.14 1·aaon llld languiah, died: a ·at ao aa atoreanid u-.e. said &:1.ort.al wound. sal.d, pistol, -:l:.e oa1d Jar-,e:i 't'uok:ison, 11,her.and t.uere nforos..1d, Fet..ruari', I aforethousht, ;amus Tuokaon and I.here charged tt.on thoro and tnnt IDUl<oan nsaault, wt.lot said mi w1l- 11.lldor , J.e "'e.1100 atoretl,ollf',ht, w11 "ull.Y, as aforesaid, malice of him, bull•~. i.und t)1an of"r, pistol telonioualy, belt'&, did tlle &aid 11a.;on 1//innton, bullet ""-' afoNthou&),t, or,d leaden and shoot i.tl,[.., to him. "· in the out of the piatol s~ot !!a.Son J.n o.nd upon tho body of on.e Jtunee Tuckeon in hia and 1.1at that in the r.,alloe folonlo1.1sly, t!:.ere Cou~ Wl Ui to roe n.nd arms. ?ebJ:JJJ.r:, 4, 19~8, J.naton .in~ ti.a t~.e said 01<ths do present Co1111110nwea11.b, ,hon Al'l4 th~r• ,._,,a_of his flllly, their u,on 1928, on or aboi·t 1 co111110»,ieo.l'l.hor "l1r 0 1 11a, in ''-"- for 01 Roe,d!Jol am, and now attondine of tLo county body i or the to-Id\: do .Ta:,ea '?la.c.cson ir "'8-n>er am or t,ls ll:blieo the pe11.oe and diml atoro- ty of the �I r ' • L . �• 'l'!-.ts lrutiouent Palfle,1 1 I. 11. Cnllpbell, Tuck3on, w1tno3sea to give eY'ld•noe • • 1a 1'0'1114on U.. .ee~taoey Je..,"lHLewis, Bous!e Tuokaon, or c. R. .am ~nest 811~rn in cowi 4114aont be1'ore the grand Jari �.I(_ t , , l UA.A)-t, • . ..~ lr-,f ,,._t_L t....-..,.. ~, ~ _ _.._,,.. tz;;:.. f C: 0 ► ... ~ 0 ~ ,. iu !~ <f • tr .. Lj "'., 4 ;~ 0 :! .., Cl) ::::si .. "' ,., .... .. ~r ill\ ..'~, 'd I::e. 0 ;:~ ~ ,... "' "' . I> 0 fl "... " 0 < 0 0 ~ .. ti., ... ., " ... .... "' p.., tr " a ... " " ... "" <l H :, p. 0 0 a, \ �• •• • TI 'l'li3 CIRC'CT'f C01.1!T OF ();.:IllC!tA.:: C~!:'!v, l:m:lIJ;::,. COWlO!!'.'lt:AL'.m . T ~ Al!G! Jlra Y 'l' 0 'fl! lLI.SOlf TIK,TCN It ,:,ou ftnd tlt~ aoc,ioed, not guilty. lo:a.:\0,_ -•ln.oton, you ·1.ill say no a.nd no 1--1.a!'e. you find It ot.ar,,ed or 1't1rd.,r 1n the ti ra\ ~lty hllll in 1'ho lridio t:innt, tton you will wlth d.e.. th, t9r!ll not 1.ess tt.an twtrnt~ Yta.ra. degree 8&;/ ao t<nd fix or 'by oouti•,o:,i<n,t. 1n the ponlten1.1...l'J tor his an ci:.aree-d. 1n tlie in.d.io"tim"lnt, b\1t -rir,d him ,;uilty ln the S6cond degree -punishmun't nor ,or• than th.orol n cl1n.1• od, in by oonfir,nr.1eni: twenty ,mrder l1'ss of Tolunt"ry than .;he 1r.a1 otment, tin.ement. 108.~B, or, dolla:"'s. tine in him euilty h1m t,~t1lty t,,,t find tt en you will 11onl~cr.tiary fol· in Jail not bye not laoa o! 1 ~an his telonlea \he w,n le.ur,hter a., no arid ri 1n 7◊11!' d1aore~1on, ~o denoc ln tJ,e ludl ctmont, or either or lnvolunt&r::.' thB »e.n1;cnt1!1.rY and imprlso~aent. not 1-,s .. tlio.n five 1>:,ooct111"1ent 1n ti• Ulen you w111 or conl'iue aa..v AO and fix for than :ti v~ yeo.ra. on.a n r oor but find you will ""'nol.,v,t£h~•r a■ ohar ea therein, If you do no~ flr.d ee.id, ot 01•rder ot r.;,u•dor in tin> firot aa ohar,;od dogreo say ao sno i'ix 1'19 »uni•~m,,nt not ,n;, :,earo. in t'io second ,,in guilt:, tl,en H, ~n1 tent1ary IL' you do not fi11d h1r i!fUJty 01· or tor li!'e, degrGc his ).lUnisr.ner.t ot 1111>.rdorin tl>o tir~t If yo,i do not find. hin rutlt:, as as ao cl.ar ,ed 1n p,m1nhmcnt ooe nor t1 • not exoee~lllf ezcecding one sfo,·t- :,"Ol.l", :iore o,.. (JO tlnn tiva o&a \ho11aa,;d or bol.l a 1ct. �• .... ,.,. "' .. "" :, .. 0 ~ rt "' 0 • ~ '< • 1,;' .... <l :, " 0 <> ... 0 ~ C, •• e. ... "' ,; ~ �.JOS -'· WA,-F ..... 0 �• �' • • mSTR1:CTIOI' ro. ·•n.rd.&r is tlle \Ullll'7t\>.l. killillS Vir .,.i.nia a.a murder in the fl -et degr e. • I. of Mathai- pe~sor. deg-ree a.nil cru.rdei• in t1, second. �• •• - • • • �, - ' •• IllS'l'RUC'l'IOl! l!O. ~. ::Ver-; hom1oide 1n '11r&1n!a to be murder In the eooond d•~.ree. o:t'fe?UJe t-, the burden • ard.er ln t-.::e tLrst is p.r,,"'1.lllod in law ln order dee?""'e. t-! 1 ~o reduo " o! p~oot ie on ~ho prisoner • to elev~te the bu._1"d.en or ,root ottense to !Nl.nalaur,....tc r, �• �' •• • Ill'S?R' n 'J:::,e Ju...'7 ro lrust.ri.otod ..,_.,,.,odttatca. t ~er llltnc • 3. ~ t ~ tn ,m.rdc,- 111 \11e tls 1n the second l!.ei;rce 111 ~ t 4o;:rea, t-1'4 nnu. t'u k.lll:r.; o~ 1\111 er on wlth nc.1100, but. not. wllf'ull:,, PNMdliato4.~. U1'1&1, ollbomta, altb rat l~. ��' • -----c--=-:=------~ • D'S ~ 'C?IG 110. On the c.h.D..rt:f.of cru.rder, thf!I ~act ot :n..llin?'• ll.tlneoompanied ~1t: diaprovilli; ~..... e1: t, oirow,stli.lloee 4.illir'lt.'! is ~f !lSl.11.lOls 1)ren ried :f'roo · !"Offd. and le palliation, the burden ot tho malioe is th1•01111upon the ac»:uiod. ..... �• • • • �• • ' • that ~n~ o" 'ti. e Witnt• &es :!.a a queut..:on excluaive"l.j 'tor !he r::ourt t o law is tliat, 4let1on ov1doi.oe to Jud~ of eaoh ins.ruots , l are •,ltnessos •th•-, "" eqw,,ll, ~e Jury teetif,11 :,,-,-yia balanced, or 1 ls tl., .and t.o ~1.o 1.Ufi'er,,11t wi inessoa t;1e;.• tU:llc orodJ.bili IY ""lie Jury; oontlict U e!:!. enti "tleiS. to. duty ·!T :a. 4 or con~ra- cot bou ~ .o re;;ar b•·t it o1"1d.er.o• '!O'r 7;:__e el.-ea t.o tl .,1 testir:iQny a1rc1..::.atanoe the i e of ,.,,,, Juro~n eue!'. weigh\ as nHder all the �• ... • • �• • •• • The Co~rt 1nnt~tote the Jur~ tha~ w111l.t.l. dollberate, e.n~ Tiremcdit.e.tea killlnt, tllAt the intention ehoUld exist prior t, tte aot"8..l. k,llinc; to constitutes iL is not nec~eaary fo~ any ,•rtloular length or time t ia only neooee11-.., t..at sueh 1ntent1on eto!lJ.~ !J.ayo com, into existence tl,e tl!!lfl of such lt1l11ni;, or at tor the f1~e. any 1'1me pt•ov1oosly. tinle at �' ----- •• ' • • • �• • •• • I!JS'ntle?Il>I ?ho Court nooo, ■ 1 the law o! n~ aoou in :.note 1d 1 t:, •r.4 not ~o Ue .-u.... h oouree wa, n•ceeaerj' 1 ; 1■ to ue l 1rhtly not 1ou.n~ 1n ent ••nc•r ~• do1\J>.or a1ea!lu:t 7 the Jur7 tbot Ue l•• jue~ttiabl1 uncter i.ho otrou.r1sten0ea.•e unleea O ot eel! reeorted or or-4er to 4ei"~fld hk.e•l.t ■ e• i■ ta: and that in uainr, a 4e,4ly ttje;, exieted ••r1oa■ def•~•• weapon tJ4 1.0 exir~ • trOll thin hocl117 J:zns1•t tho ben4e ot en • • 1 h 11eec1d to ho then i=•nent 11114ttro1toni1'.t the aco-uod. �• �..• •• !I'll• r.0:21 t lnt\1',~t• • \~ t "lllltan ibo ••1411100 ,at n>oe l>roarbt o~n•4 41,rti;n,,4 b•Ot to lllll, tu 1 41•'4 ~1111:1(; 1• ......... t• part t tbl of \'bx~ lnjo17, of •o>h 1>1l\llt •n4 ••• L? till II th~, ,.,,,. •fCbrd c,o 111'1 rrn coh olr ,v111bom•• t med 11,i,I h n n1 oot IDffl'a,.. t o~lt Mt• on I•• 466. ln.atc. t 41•1,:n tbl U't,n,cr4a no 4oJl(T, \111 1\1:,QMd OJ' to 0o biA r-'C t ~rao...l ti-.• Jt117 \lie ••14 fllllton or oori:,tq u ... fro/II al""""" to •• th t tt,1 Lt .. ,,"""' uoeptlYe b1ll1Y1 \ U.ro obo l"'O\lr -.npr th8ll 11'11or ••N or th 1r or to lAt.llot l•wnt ltla •l\b<Oj;h tb,&t lie U••.tn;: lnaton •14 1x,,a11tlon. 1ppec:rorioo1 :nu:, 414 •n7 r.ot • noaaou 1>10 cro11~4 for l>o41l7 b•MI ac4 U•10 Into tho oa tho �• • •• ' • • �• ' ?be 'ourt. ~ho Jt1l'7 tbi. ~ •• to the 111r•lr1eno7 or 1.oetmot• tlle A 04or wh\.oh thr •tm•4 ttll1111 1,..t .nt, 1n tt,. -,1nwloe ot t p •• urQQ tl• jal'7.., tb• ,14 tho klllins; ;lrJOc c:o• t1eo=r nann•bl.a t1ret nd if 1D tt.• et lbr. t!AII ll'GVu4 to or to rroio~t tor uetlli !Ind ti• al \la r, J>tlsani.r•• •OUM o •• or YL ..,4 tlle ~ i1. t.11.Una,u, ,,..11.eve, .c1llln,; tzc ~••t bo4tlr • ...,UtJ, pr•I••·· t :be Uo,a th• ~nGroillt ~ota •1111 o! ti.a rlnonor "'-4 t ct. the d.rog1r to pr~hrn 111Ud- h1a own twr,,, bo n& eXJ>Daall.i. " &,,81!.17... pon Jo h.l.e 4etl'D.aa •o1 AatmAIID t not •U n4 t IA bel1-Yo, •n• ru,on ■ ar, hl.JII tro:.1 1u th• tro• of Jud.re; m4 tbat t..rwlpo1nt JU1'7 bellevo th• noooaoJ.ty the p.rlson.er 1• ti. t ro:, ~ho prtscr.er• otloo nont o.n<I tt,.o t ti:• Ute, lb• 1 rleon gi• Jar; et,,,:,14 �• �' • ' e !Ill T u~TIOlt 10. .i:wUl>Ot■ !ho Ooort to ba 1nnoo111t, aJaaod 1h11 Jar;, 11ntll. h" 11.oobt, •na it reRuoa•blo cl.oubt at tM a;ullt 411t7 to iccug1> on:•r th, r 01111: 111,. OU ,':ot'.., to ooav1ot bll:, !Atro auf'p1~ion 1 110t wftloiont th.e7 zu ■t l>• t,, b9 •ll aar !'!Ji <it th t • ham 1■ ul.t ...a bl• \haor, nc r Un rvlO noft a on •hi.ah be oan hie b■ lnno '-"'nt. wt lt in 1.mo- hO<J ■ ffr \ha ••14 ■e,,• ■cppart• U,. oon-.iot.oa, ~la it •l- "'1lt, •lt!i any taa lftf•r.,.4, Ille l'.loona1 ■ t ■nt nor la lt nr. hie ■ 1 ~Ii 1• aot or pro o 1>il1ti, of hie goilt, ln:llut-:rnt, rly b■1oao t~o 1.. ,riul ■ tMl ■1th of =ov011 o ol th• pn,e,,,oO, SIi ilt7, ot the oo.Ja•4, =, ... wo I ht or pi'llpon4or-.noo lo "'r, l.e rrovGn llJa ,:uut io ovnTiot, but 1h• l.• t11e:r-111e IIP<lll ~h~ 1111DA11 ot tllo ju17 .l'll< ■ onAbla tl:eir th•t !ho atro,,;;, c.. •t•r >IWlrp ~- I.lie au ■ t b ■ ooneiataat �• • •• • • ��I �ft ·-·-· �1't ~""'"'Jt.,y' w~ >,............... ~ l'kl,,,..h+--1;,.,.J._ r ,-., ri I • f. ~ I WJ. 4#' ~ '.}, w. '-'14.L.<.. ,.. s ... { ~~ ~ I Ji. frr"<... l,,rr.•k-- ~ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1928 Title A name given to the resource Commonwealth v. Mason Winston Description An account of the resource Defendant charged with felony murder. Subject The topic of the resource Felony Murder Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_010_310 Tuckson Winston https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_009_295-commonwealth-v-maude-higgs.pdf cd50ca37d0300b32b96a131160160b4c PDF Text Text llarri-,Ji.~ .. V~ Clerk's Office, Circui1 Court of Rockingbnm Coun1y STAT.IMENT OF F'JNE AND COSTS Co11:1mQ.nwcal1~ ~ of Cro~t"• ... Qx.u,td~•~Jgr A A.a•ocl&Lt J_ P. ) 00_ 5 00 12 _}0 _ D.ti.O. jeri•1.nt .oa 1 _l9 J,uJ I tH t l_ 00 -, - Pinc ' . r.~ . ~~~_Qq_ $ I li~ I-» �f A ---- a ' • .. • ... t I I • • - �A,,..,W_, I \1111 OP VUH,1'-t \, TO \\'IT: ,.. ( CO\l»c)~\YP. Rv<.·t1.1,,rnA.,1 COLN1 .. TCl'W!I or Qrottoe1. . , T1o of $<lidOootK.rt .~Ji_,,.it ,.,.. Of th<!S;1id(i:'~ wmrlainl and iaformalif'lnoo o:nh bl•fo,c-m~. J L !:. thtH -.. .u;r 1.1 ... ..J..,_Qkb Jt~ • L• I ~•~•~r~--.oJca.ia: of 1h~'<lkJ~IIM1, I ru..llrb.d 1., llh' s~1id~M~ tlid l.tl lii.l"er& .hl.1....--1.!l.:; Jiucl.m..e a,,4 le•d.!to•a UL ;ne torn resorted or Crot.oea, to for the pu..-,,oso Rocki~tT, l"he.9e a.re llh•rdurc. in 1ht• nome o{ lhc (~ommQnwc.tllh of V1rg-ini,l, to oomm:mJ nm fonlwrllb L..ay, rOwu hend and L,rin~ before m,\ ""'~-l!lft~ltM.-}\MJl-... oi thl• ,s..1idG>NlU,:A.lltb<.' body 01 1hc '-!.lid --r-._.__~ r•. 1,.,._r.ni Lo :1pp1~- , Ni~ fr) unswer du,, s.tid c-0mph1in1 and 10 be tunhc-r dc.l.lr \\ ith :,C\.-ordin" 10 ht\\, ml'.tn . , .,, 19~, lu ~ IOlil.la. ~~•.A=•lrtll.4=1Uriut~t-el-rr••~•~•*iee~._.L~.i.e.~~-~. lUllaw?'"ully keep a house or 111 fuo tut1on .• 1-!i..._• ,-J l ~11•1. i.u-•• __lf._J__o • :invu b;1.sth1' day m:uh, .Andl ou ~trt: re1l111rcdto sum •, l~J.h Ii -+ ..do; or -- 1.1'-.Loler r 1 \ayc_r_. in the.•.rear 19 ~r. �w "• otl1a free. ot ~h-9 l'-4...:;.'-'llll , .. !... e1,1,t,:\1.. iutJ wad.r otor, a.n •~u! Ja •llo." r i rh.:. , Co-r\ r •OlL~- ~ tcL ~~:e&\ h fr 117 19 ,. u ;;,-:c,c-'----,,..,l her • •• • i 1 Ir•.I,., •• : ..::i ~it--:l :: • ' .. 0 I •• • •,. r .,• Illa,, • • • • ...... • • • - ... . .."" ~-~ l-·... - r•. ~~­ ~ ., • r1 J,. /\ f1II l, -t.. .., • • •• ,.. t. Hiz;:_a .c ~ 1..: ; - ..., .... ,1u.., .......,,,qt >, •• ~ ", '11 u 0 •• 1hl, ... ...• ~... l. ..; a: 0 •• "' a: ' ~-= 0 • M "t}U,t • pi JO A•r l':? ~ '" ~ I ,1 y 1>f ~ ~Qt , ....,,._, I 'I -!& # <1sv;r • ,o~~ of ~ro~t~ ~. a< Ct C ~ •..., •• --} 0 •co .......,_ (If C ... < -n ,c,-<,. (:.-u,.w .t k.;~r ¥•tiifupba_ r .:ru. . ,. .. .. pg_ ....• •-...... .• • •.,"' .... ·0 ,r ,J.f tJ'?:l-u "'"nu,,,, n •.26 J t . .,p !-,Ul',.111,d 1J1,•trul1,, ,.,,n,1<,1 1<.v11M·,1u1,: "3 ,,..,6 t;\'f .... ,, .... . • 0 • • p•1;,t ('<'It'..(:>._ P11• •• t') �,.,, .... .... <. l ._1 i"-S ~- - k,,, .,..__:. t7-... ~ !.,_~/._._ �'• In tbr CircuilCourtorRockin!(haruCouot~·. I .t/til 4.,.,. J"'ri:r.!id;,, C,-,t •• "• :.-, nlf 190 ¥• •,I tM (',,.,.,, /ar.Vr;-.-,, "'. '" �• • In the N•me of lite Commonwealth n:-.,_,µ,,,, ,d,,_._""' ,':.LLJ. .t'. ,,( '««<-~ of Virgi.uiu: ~ :;C-.¼-r...._~ ... (',m,nfy. ,,I II,~ a .. ur-1 / IM It ,t;{y 1tntl t fr.r I, uf/}IJ/I ,WIy /11 hc-lJOI/<JI tllr CmmN1),rwM/1'1 <- t,._ 11·M1$1~11111r,hftrJ!.fd f.,a1 th'-' 11·1I}, mul ~ -< - lU;, rt t•ti 1u.l .__ l1,1JitJi~d J(it· ,,,_ff!IOUIJ ~ .., nht. WUM_..., J. P. JIL..l(J{(lfl'RA', dflJJ 1Jj' / I ('l,rl.. , 19,J r,f ou,- 11<tidC11url, nt lb, r,n,.d ,,, i/tJ> tC l1i1,rf llw,1r, I/it •ff. ,t!-,,roflf•" Comn "'"'ef!/tlJ "- �!'!xooot.ed AprU l5th 1927 by delivery a true copy within 1wr.m.ong in peraon to l'l'a 1,, ... c r.night ~.L.Ue<lit,Davld Ve ..i11atcr ... r.. :1n,m0ro Isa o r.nlgh~ !l. ~ Mill or L•• l!ateney J.J?.Oravoa Dr 1'/ F ""hlatler As to r.n-e Geo Le•1• and Oei L I,w1a by poatin sUI" ons on his door e.\ hla usual lace of •bo4e As io ~.F.Weifmlln accepted surr.mons, ~ f.~ Q ~~ '!11 i ✓ ·:t ~ -l ~ ~~ ~ /'~ ~- -4, ,>?.,,'/'/) t~• )ly ~ •I ~ t 't, <).,·\'ln'r.7 - ···~- . <-rJ: .r· ~ I"-. "-_t_ ·'ilc--.:, ~~ . ,JJ..,,ll_ ¢V<:- ~.7i."-ID , . ......,. "'?·- >">'tJ-,, ~ ~cl -.u Uo;y Iv ,(~6 1~q~ Y-"'-"l.,-?f'~r,r3 �• • •• • • I • �' ,· • �f • t,, ''fll-"''"' t,t-[l,n lhf' ,1#,l/r t•/' If,,.('#l'rttll l'1m,,t 11/ J,•~•rkil~f_1h11,11 ('111rn/y, 11l 111~ ('r;;.1I /111u{;r/Jun,11f,ut llJ11'rf,,d,, 11 111,.u11 l/1r "'('J // dn!Ja/ / ;' JI.I> , Ir, If •llf!t ,m,l IJ,,. In, tli 11,"""II I,, 1>c 1b,,11<J/'''" <,o,iwm11w.,0111,"t•• I''"' •, 11•h1J~luml♦ tt/t1,1(11•1I tt•lt/1 1111dtM{frt/11 ,l,ul lhifl mul //u·,~ lltitt rr,,,,,.,.,,,I, /r duy ,,,. /111 fl •h,,11 ,,,., "'"" ,,. '1 /F1,my T ,,t/,1,J,11~ru1t4 ,., 1111.trr/J,111•r·1t-1,lly,1( J.'10(/ ,1J,uf /,1n•r l/11n 1r•,.,, P, JJf,,/('A"/l(JJt,\', I ('t,,,1,,;. 10 ,- , ,.,~ r,J't111r w .,,,...r. r • I ""td ~ .. "' I l ( ('1111JI, ul f fl tilt>.Coutl, f1J~r 11/'llil'I J/f1UtU, 1/,t f'ar,tth✓m 11•r,,lt It,, �W..,;,...,," )~ I'! YI ,j ''l/YrU... t-r1'Ct.. "::J ;.-,,1 ~ j,J1>1M&f<,fi?~~J.9.J, t.___L(_. ~ ei,"4-. �' • •• • ll~'.u!UCTION NO. • tho Jur;· ~tat be •ore the ':he Oourt instructs !u.r:ro&n convict the3 c:n.st bolieTe / ---- "Jr~ tho acouaod of .._.. of!enae boyond every reaaonablo 6.ccu:sed. l!:S.1ota1r.ed or l.e_pt a hG'lBe o<4'1l of Grottoes, il!l!lOl'allty O!' wh1cl was resorted took: place >c:naent doee no· there _.:.1<, 'llJ: • douit -~ that tho aoo11aed's r gu!l t.l o~ u!t 10 :ace. 1n tle to for the purpoues witl-out _/ a•;ees.f..!,,-N....,,.j-' P, crl e. tO'El of tno lodgo �' • �IliS'l'Iit'CfIOll llO. The Co1,rt 1netrncts • may bel1e-ve froa tt.c evidence tr.e acoll\"~c d.:rlcg :be ior1od October ---- tt.e jur;, tLl<t althoUgli be:,ood a reesOl'lable oooaalons, which to find v.11rra.11 t. this doubt that !ro111 October 10. ~9,S to 10, 19!:u, had eexU&l interoourse on nw,erona they i,ltl, ls r:ot eu!ficlent David l.loAlieter ovide11ce u11on ti.o !.ec1;aei'I gull tS' o:r t.ht::er1;:.e cla:.:t;:e-d 1:1 ~} e �• / �• •• ll!S'l;l!UC?IC!l !10. , tte ~ary ttat ':!he com-t instruot• Cle e~ense c::.!!rged is the keept~ U.e rars,osaa of & the gist hou.ee of l~l of p-oet1tut1o,. =d of !e.::-.e. reaorted to for cr.d tr.at e"Viden"e of t..·,mer&l rcl•Ut~ tio11 ~101,e iE 1-m:.ffio font 1.0 sus1:Ain a oo.n•i-ctioo; tl,c.t tt.o evideJllle to.ee that. e'C"entl:.oooh tl: e Jur7 C!i.r b•llo'C'e ehowe ttat believe beyond every • house of 111 face :reao:rted =•t !ind t.be ~ceased ,ear doubt to for unless tter tl:at of tho f.irtter the aooueed mal.11te111ed !:l-.e ~u:-poees of proetitutioi, Oo~ober 1925 to OetobeT 1~25, the~ noi pilt7. Court instruct.a fe:ne• ceaus prootitution. roaoo11able dnrl.n6 tte ~e ot ill tl,n 1:01:eral rerate.~1on occupied by aooueed •~• bad, ,et aud lewdness lesilnesa, tho Jur;.-- tt.e;. U..~ so-ria a hoaao ro■ rtod to for the ~arfo&e • c:i..uo of �' • _ • _;___ • - • • 0 D '- �• • �~~ f.,{A;uaf ~ /,J'"O I,, II ~-th~ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1927 Title A name given to the resource Commonwealth v. Maude Higgs Description An account of the resource Defendant charged with felony kept a house of ill fame. Subject The topic of the resource Felony Kept a House of Ill Fame Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_009_295 Higgs Knight McCalister https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_005_145-commonwealth-v-m-hirsh-part-1-of-3.pdf f98258b0a7fe50ea081a2a22725dd3ee PDF Text Text .. ' CO!lL .0!117 •~al th Vs. Haximilian Hirsc:1. I· U D E X co1c.:ouwEALTH. v itnesses Page ~m~n Ioaacs, Mrs. Firebaugh, Dr. Ar.Jentr'Jut, 1. J. MrR. Gertnv"..e Mrs. Artnur Tutweiler, Hirsch, V. L. Ba1...1gher, Mrs. Arthur Lupton Mrs. v. DEli1EN DANT • Kaylor, Beaur. Dovel, L. Baugher, recal Lt.:r1., Dr. 1.• T. Burnhr->:fj, 135 19 Dr. w. 142 32 Dr. D. R. Gooi, 35 D.E. Crm .Rehorn, Morris A. Spiro, • L0 ~wner, oodson, R. L. D. E. crousehorn, Croomer, Jennie Isaacs, 177 warren, 178 181 73 w. 185 91 9_ s E. Snell, Lessie Hirs h, 183 D. E. Crousehorr:, recalled, 98 A. l. Si7artz 1 Leon 103 Maximilian Hir8cb, 107 191 194 , 101 Hirsch, 196 Def eI,dant rested, 202 226 108 Dr. D. 119 Dorsey, 129 D. Davis, recalled, 132 C 0!Ilr.lonv7e3.l th r,·~-st s 153 I, a:3.c Hawse, 114 Web '.icGlaughlin, Hirsch, 71 Albert, E. 1 151 T 10:, Claude Joseph Ludwig 149 70 109 Da Tis, recalled, Herr.a Urr-:. McCrarry, E. G. Christian, 54 Branner, John Page 1 66 Hirsch, recalled, itnesses 134 135 001[.0:UV,'J~ALTH REBUT'.:AL: Web HcGlaughlin, rec:3.lled, Mrs. Nellie Bu.regu. rd Dovel, l"•.3Call ed, Logal ' 227 227 228 Mrs. Mary Hollar, 231 Mrs. Rosenberger, 234 DEFENDANT, REBUTTAL: Ju11~1 Hi scri, 238 �I "I, J • t �. ' r ... ' In thA 8ircuit Court ~ of .Kocki°nghtlm ~ounty, Virgiriia. .J~/fl)f Common i ~a1th Vs). Hirsh. Maxim· lian B 1 of t ,is cause Gomr:1on;P,fllt, 1, to mainta.i the . ln thA trial IT .B'li;M'Pi1.lPfi'.1:fP 1J t11at upon t Y'O<l..UCB0.. t h.e .J .o J.O ] 1lOW ~ thA issuA upon itR bPh·,lf, 1. t DP,SS•-'8 W ..l1O t ('-1 + •,l. +> 1.l• P.,;i , l. • g 1 i..KS. LOUIS ISAACS: ~y dr. Examin9d ~onrad for the Com- monveal th: You Q a:i A Mrs. Ji'mmaIsaacs? A Yes, sir. Q You a e the wido~ of ~r. L~1is Isahcs? here? trial Mrs. Q ray, es, sir. saacs, 1n th A o c£Ju str;rk at A of this HirsJ? by lr. A night rhich your in bAon cooking the fJr every ay :1,r ..'3..,, ad 'Don't call had every me from reason t e very Croooer, and the thin~ 11 th9 corner ame aro~nd says, JenniA us, in a swing, porch 1as trying au anil : 1 the baby was VAry war lrl. to pacify to day bAl. r~VR this rho .,a(': shA hAr, ancl and Water aarr:n brat. e wnre ~ro. s a&d "ThArA r.or.IP.., yo.i.r ncln me Unc-le to :rn.t as 1er out on had taken of German strnBt shA 8ay girl 1P. O" 11 hu.bancl On ~he 29th day of June sup _tJer a:1r: t.hn ba b:7 ·:a~ vAry cros~, VO lr tJ 11 Mox strArlt on 11 1v1oxQ He Of co1- SA, I from thA way 1fox } ad trAatec I was rriar:riAd. I had F3Very · r.a!=,on :o �' 1/, l ' . �r • eve that e beR~ 1narriAd. it right hurt thAre. me more 0c1.t,Ad our f Ae 1ngs ver., Mr. Isaacs taken I hac gone a d we cc1:11eba k and he camB dor·n thA . t · to he donr. was the way he ookecl at rne; he threw up his to kil me in the struck face •r en is rrre. Q and haf A first t h ,r , he could get hl?.L.e:r h8 thrmr baLv carr1 V thP. h 1 ~b~ 'in, I c1 saw .e 1. anr_ 'J ..... .L• have him. that, folloRA. to him ,, as to look me or anc .::i O J.:> J.0 , 8u_ icatino-) A ~ J..,l... t or a club. He th , and raised ~hen? rou to throw, .c and D.d 1rew L10 rock I don't of Hirsh' s hA ran out in kno hA h,.,..::i au. struck A s1~e him. A Whatever the on the baby's A- t u tr 1c} kno, struck it fact th0 baby on this an rhat? er:: somethi "'1.->? ' In I con't sir. a la ::re ·not And J st as soon as - P. t the r0a an my husban·1. an afte.r Harris Yes, my ;l8baYlcl. at _, as mad Anough hR •oula c.oser club or so ethi.n, ho se. Q t he done , hen I s o.ke to him"J. he~ h.l t ,IllID . -- an d +~ A ~Iw8. >·('\0kA head ann she crierl. dreadfully, was a rock i that Q Then hA thrAJ something? Q ( r. ing, somethin~. hA th~~ th,~ ,:1 'Tas· 1 1., anythi~g my hUS ~ the hin. and i::l8ked him what _he f.1 rs + tl,i .,g L.a:, ·ray. whAn my 1usbancl struck t.' for a ride, up ~1 e qtrAet alkin,~ lit~lA Q f 1 st thing .::i 8 t eppPQ , ~c•k a 1l,J_A . t -1- 1 b anc1 to s .e 1 me; tl.P. , the i. g he done for pAn hand at me rea y to strike I bABn Cctn you statA Nor, <l.roppe:-1. ·e 1 +,he ho 1s , a~ . cam, t!v~ baby aoout a. sister. a I stopped .,ot a.u meant by tc'. lkin~ bn.by out tl:, and bot11 of us ha~ the baby a~ain, b t much, into I havR me since a dog than like nA w·t 1 my si ..,tAr-in-la and I had. h e t way Vffry He treated this Of course t e fro He h A. !et A:r it r the house. som.,t .in 0 • �' ...., • J ..' ,, ',, f t ;j,_\:. :, �--3-- Q Was iox on good terms beforA this or bad tArms with H-9 har tirrA? b on b<i._ terns ,A us ever si:.1.ce .in _ avP, b0e:.1. mar ..... ied. ,ith hin and le said he waP doe if so .1hat cli hA 8ay? ""at L"rl&y night pay that ~: yo'l. ➔- .::ieon to 1 ..on 't t.hP. laundry night. ind to,.,ards I sent 111r. Isaacs, II me chec'·s i..•• 1a • • I sho~l~ sig Yes II b t lrn saic: famil r an 11 the chAcks io, and m fa the!' ·vasn 't do n t . ,r,, da n So cPnts to I ,ame b··ck fron do\'m the street m aown to t .e stablP, o one .10~e. n have enough morey by a fe, aftnr o:i .for 1•mJ.c1.y and after hetter bi=-~:0n·::t,o this time I di n't for %ere married, yo1 I thou-'Sht I hacl. =io ,.,i~_.t :o r'_o anrl. my f1-1 th8r your soul, J.,1y .. of both ife. I a , ayp, sig. ed the A I ask0d at the taL e aturday ftor . An I boup:ht prov1sioris I was married another )C or threat ·i th us for with Isaacs to makA f!'iendn ~.re triAd Q Ha2 he, t any time shortl; made any sthtement ~- to af:1k'fath8r for it a:!1.d. thA ... u0rch -lH • L 1 I ..o.1 ' t .1.h.Fto int Arr up t the ac..y, but I don I t thi. - t} · s i!3 rAlevant ana propPr testimony. :i ;'I : H. CO:fru1I': lirninary M.K. L,' 1t i ,, not, ._ it But 1:: ti ~•.".let' ion. b t it is pre- is an imcatP.ri, intro- l GOU.HT: I think the st& tF~1;1P.n t, j 1r ri-ing fro er re.a:i. ..J-, may A :.'AlAvant. Rt hAr nsw J.. ,A note A ( Conti'1ui papa we.sr.. 't vith at g) thA an 8XC~ptiono So Lf. ctnP. up thAre stable -- an • he said," instea<l hat of papa -do you 1.1c:i..t ~at monAy~-- A Mox. ·s ..e says to mP "If L ~ ntinuino-) paying for I ever ca,cn t ' yo I som, th1~~s, s~ending 11 2 a1 1 1 .. a , a cAnt of my ant �I If, l • r • I' �--4-money on Isa.8.cs '· · r a .:::e short f both of you .. wor 0•0rrulAd, to; objP.ction Answer objected and JxcAp..ion noted for Q I Jill a qu9")t10~ yo1 ash in a leaiin:; ·+• . +- ./-.,o 1.., gen tl ,i:An d o no t o b JAC'c•ctd an e ual ith fox and LAon and Arthu your father? a d Q ,e 1l ere , 1 . e .L • at from t 1 . ffir.J.Y'_ 1 Q 1a A A Yo .1 1 you , 1I 8 , ea.• certainly of it these ma ried? w Are alonp- thA chilir n time? at :hat drar out after A At hA :1ne you were married? was. a little coming back ask yo'.l thi I will latAr at th-, time of ~his r ,port Q l9ast, at tl-ie bala'1CA of l Q I may be anticipating make any threat if .. your int,rest Part ari ill•Y'?l -1- • .A form, In youtmothe_ 's entatA ~01 or had. an interP.st, interest, fendant. to him about iv.ox? a~ainst but on.1y to save you A Did he make any effort l-TQ .1.'. ' Did M:r. Isaac, : what hox ha<l saiil c 1•r' •.J - • to go after tox? A A About one hundred and twfmty- told me, out I Q r six pounc.s ,--somewhAr":} 11BVAT 1at ·vas his . t? u8lg I know I was over a hAad tal Your heie t 4 feAt 4 inches. Q Q ' hat as 1r. S I suppose that name 1s Maxim· 'I is . () • s T II a sort ·an? A I can't A exact_y I don't iV. LL~: You mAan five a~e? A fP.Rt,don't you? FivA iAet 4 somewhere along there. k:::1owAxactly. nc ffiP, ? 0 .,v Aar s of a'tA , nches, I do 't the 11 ever 12th ,, 'lo o.C' n·c.·i1&me. i.o. vou. ,. About rmremLer. A 11 tAli er than he ~,as. at? Isaacs' I • t .P.:!."'8h, him weighed. sa 'h alon? X I bfdii~ve since I is a,rf'.3 kno real n him. o ��'. Q His real nam0 1s 1~x1m1 ian? A Al I rnew was "Mox". Q Now. t~is occurr o Ar here on GRrn~n StrAPt, Harrisonburg? · A Yes, s1~. 0 Q This di ffic tl ty in A 'i.es, 1 sir. . hi c vo .1r " 1 Rbanc in as killed? �r • �I • J' • • r - I '- MRS. EUMAISAACS. CROSS-EXAHIHATION BY MR. LEE: XQ Mrs. Isaacs, hear any o:f the about I understand if su1rposed conversat-.ion XQ All you know about Yes, me before. sir, so me mean I might XQ the reason have thought I unclerr-:tand that took place told r1e. that and she told air, and other you that things XQ And otrier remember? A No, nurse A that what time later? bu.t none of' -- only told you.r little Ir ~hat she you had happenbaby? A Yes, 10+ you tna t you do not now in the evening this six o'clock after must have been it treated sir. six and seven (lid she report you? he hadn't If No, sir she told quarter It told say that, me th9t she had tol~ ate XQ nurse was in the way he treated it is what the nurse tl1at the nurse reported where bet~een was what? A to -you? A vre gener- must h~ve been sone- o'clock. somewhere betvrnen to you as was that six and seven soon as she ca1~1ein the house o'clock: or sometime A As soon as she came in. XQ about the XQ Was it sup~er nurse it. Nox had cursed things XQ How, about ally Mox and your different. presence? XQ All you know about ed, of that I believed you heard in your v1hat the is and tlle strength That is between you did not sir. A No, the baby? ·A you correctly, As soon as she came in it, and that was between XQ was your hus~and A We were standing XQ When that a purpose XQ little one she told six and seven o'clock? present when she reported A it you Yes, sir. to you? together. vtas reported to go after he did not. ,;it11 the Mox about to your it husband did he not then and there? A evince Mo, sir, No, sir. Did not you have to talk to him and Persuade him not to go? �. ' A no, sir. �r • 1-7 --2-I Mo, sir. A when they got together XQ Be:fore tltEm your Only thing A You did not? XQ I tried to persuade they met that husband I tried to persuade them not evrming you did not not to go? A No, sir. them was to f'ight. to persuade try (Indicated. ) MR. CONRAD: Miss Flossie, head in the negative. she shook her STENOGRAPHER:All right. XQ Mrs. Isaacs, sirnply memory: don 1 t you remember Mox, when the took nurse to restrain til:1e? him, He didn't that the purpose your husband statement made thie and that start Mr. Ed. Snell out? started and. that was present he did your out to go a:fter you underat that He didn't No, sir, A of' refreshing to you, xxcta:xm1t he was not • A lb , s 1r, XQ for gtart not. out. He did not say any thing. XQ Didn't XQ Did not you try on; 11Go say let he say he was going out? to resti-•ain him go on 11? him and did not Mr. Ed. Snell No, sir, A No. A not to my knowleQ e he 0 did not. XQ A Didn't No, sir, not you turn around was Mr. Ed. Snell XQ He was not :present? XQ Was he present XQ A No, sir, A XQ You did not XQ And No, sir. sir. kitchen amr time that as that that the baby? at all? him at all? evening A Yes, took Place I didJ1 1 t se see Mr. Snell not hear XQ Now, later with A no, A And no such conversation did up? evening No, siJ:>. o:f Mr. Ed. Snell? street present? in your him to shut did I say anything. to rny knowledge XQ Mr. Snell? to him and tell Mr. Snell A at all. No, sir. A Uo, sir. you and your husband sir. in th·e presence were on the �... • -- -) XQ With the baby-carriage? XQ That ·was on German street, A Yes, aas it? sir. J �XQ With the baby-carriage? XQ That was on German street, A A little the other above Arthur ·was it? side house? 1 Hirsh XQ But diagonally almost in front XQ More towards coming? A Yes, had recently to a building, XQ And there or lying out had been left street same side been was lying where I live. was your waY. this of the side-walk into the there, some building out street, not? A in the street ~1ite were tl1ere you were on? not? the baby was in the S})O]Ce to You asked the baby? going Yes, a pile approached. on, or some sir. next to the of pieces of lumber some few pieces A you and your carriage, left husband I believe? to him, sidewalk,,.. A didn't that there. and Yes, sir. you? him. hit'.l v1hat he meant by cursing A remarks By making XQ And you say he raised strike Hirsh's :r<hwhat direction XQ As soon as he came up you spoke towards a Yes,. sir. A had there When Mr. Mox Hirsh baby, XQ but sir. XQ There I above, where you live or where your father lives? Coming down the XQ And he was on the A not Towards where you live. XQ Was he going Uorth? XQ came along? of Arthur More towards WITNESS: repairs Mox of it? towards A -- in front MR. CONRAD: brother s house sir. Not exactly. A about Yes, A of the door. XQ You were practically little sir. About where were you when your brother XQ little A Yes, up his about -- by making remarks the baby. hand? A Just A One. threw it me. XQ Did he raise up one or both XQ Was the hand open? A hands? Yes, sir, like he was going to me in the face. XQ T)le hand was o:9en in this shape (indicating)? A Yes, sir. ��Vfhat did he say when he raised XQ something. don't I re.nember up his what 1 t was. He said A hand? was something It rough, too. XQ He said I cannot A something recollect it what Mrs. lt:bUJ Isaacs, XQ he had cursed your at all? A child to you but you cannot isn't little excited a fact, it, child □i Iio, I was too was; recall when What it at the time. is not a fact, why anl<.ed him JOU he said he had not cursed ", it was? because your little I do not know what he said. If XQ you do not know what he said What he A a fact? what he said. I don't I wont saY he said that :1 is not said? know what he said. he didn't curse tl1c I don I t remember A you don I t know v1hat he said? If XQ how do you kno He said child for something, I don't but know what he said. Then you are not XQ A No, I dont say he didn't what he said. said? XQ I do not say- that asked me, I he didn't say that? I don I t know I say, was a fact it he said it? you i1t he s· id that and I ans ver for you do not know 1hat he you to say you cannot A to say so because, You asked me if XQ You understand understand prepared know ¥'!hat he said. When you spoke to hin and asked him why he cursed your A I know if I had been a little child, hov, close was he to you? closer to him he would have struck me in the face. I could not aay BX~~t]cyc~ how close. XQ a little XQ away. further Well, on the other XQ side as I am to you now? Was he as close I can't where was your side of me with He was standing exactly husband tell A I believe you. I don't standing? A he was know. He w·1s standing the baby-c~rriage. y the side of you? A on the other of' me. XQ Were you standing next to the curb or next to the house? �r • �N'ext to the curb. A You were nearer XQ 1u.eal!ex:t to then ....-- A Yes, the curb? XQ Who ·Nas closest to the curbing? A XQ Mox was closest to the curbing, and your husband A band? ri th the time he rai::;ed his XQ Ho• far A carriage the was next distance t.ter gt feet, the jury. Mox? o:f that between was your husband at the ne8.r anongh is ver:l wide. and your you ~he baby of the house. stepe is, don't it. to get as from here A I can't you? I sh'.)uld I am trying as far from Mox? say eight the or nine facts to that before table to A Which table? XQ That table Pose he was as far right A This chair there? as from XQ About as far time l, ox raised not recall. saw him strike XQ After (indicating) xx~here A over to that as from where you are No, sir. I SUP- chair. sitting to which chair? (indicating). XQ Then he was about the bus- us. with so:r-t. husband ll' antt you came next sine You know how wide the Pavement something was your ~he curb you. beside to the familiar sir. haVi:: to move to get XQ He must have been trro or three XQ I am not very and sir. the baby-caITiage was that to vo cam ot ex8.c ly tell to Yes, to you than 10 ''1'3.S husband Mox was next My husband A I then you came, to me than rrry husband. Yes, A c:U.d your Mox? nearer to you. t:1Hn hand? was with husband No, he was closest Mox. A 3.rriage? he ·.vas nearer certainly XQ If baby- ox was a goon aJ~1 XQ He was nearer to strilcc -- the curb1ng. XQ Then say. sir his two steps, I imagine, open hand and said Did your husband strike hin away from Mox at something immediately? which you canA After he at rne. he aaw him strike at .1ou? You hav • n 't told the jury �r • �that he struck A I said you? to strike He threw made a motion his A When he struck told he threw the ju_ry that up his up his He made a XQ If his I hand didn XQ 1 at you, he uas going at me. WaY (inQicating)? open hand this otion Mox had prevented at you? ,anterl doing t strike he '!laS A He you there was nothing I was a little A you now to tell going to stril<.e strike at me. to strike would have hit sir. to away that further me. Did he actually he was going Yes, A to strike it? Do I understand hand as if he struck at me. XQ XQ at me. open hand like me, when he made the motion XQ have l1ave you? Madam, you hav 'nt XQ have at you, the you? Yes, A at you? j l.l"Y that he raised .. sir. He raised A his If I had been a little his hand like closer he me in the face. nothing There was XQ between llCIX<Ulll you and Mox? A There has been I something XQ between us ever inc e we had been married. You do not understand intervening rne. bet.ween you and him? I mean there was no obstacle I vras a little A distance away from him. XQ There You mean no thing A XQ Yes. cloaer A to prevent him from striking you? in the way? No, there was nothing in the vray, if I had been to him. XQ advanced XQ A was nothing But while hand was raisd6. upon him and struck Did your husband No, sir, XQ his he never He never A Yes, position his anything your husband sir. make any re . .ark at the opened said him7 in that time he struck him? mout11. at all? A uo, sir, never said anything. XQ hi:r.1. Whei~e did he stril<.e him? A I don't know where he stru.ck �< �I,;," Do you know whet:t1er he struck XQ I don't A him in the face or not? know. XQ What was the effect of that blo1 A on Mox? I don't know. XQ You don't think know. Did he knoc1c hil he knock e-1 him down because down? he picked No , I clo n ' t A up something and threw then. XQ didn't And '¥hile it knock XQ it may not A Did not? don I t kno11 which stooped it and picked XQ knocked him in a stooping No, XQ What did he pick I have XQ was he up? sir. Either a piece of board stooped to pick up something. A but sto9ped he as soon to pick aY,ay? He stooped XQ What was y~.u- husband as I spoke to piclc up A over something? doing while or a rock, He to him. up something? He stooped A XQ over No, flat, sir. was, going A position? up something You say he him down perfectly Yes, sir. to pick up something. A sir. Yes, he was stooying over? He ste];YPed back. A XQ Do y<!>u mean to say A (Interposing) -- XQ (Contd) something? A a board or He stepped stepped and He picked XQ He Picked a rock husband back and allowed and something, don't struck him and -- back. 11:p something up this you t at your him to pick threw whatever know which? A up it. it was, I don't a piece of know which it was. XQ how far were XQ ahead And threw Yes. You had XQ How far of board At the you from him? of him -XQ it. I had A a little stepped to stepped was your was thrown? A A the time he threw thQt piece of board To hi:ti? UP a little south -- and I a little up a little ahead husband from him at He stepped right of him? the in front 't'laS ahead A a 11 ttle of him. Yes, sir. time the piece of the baby-car- �•\ \ ~,,, �riage. XQ When the piece or in the the str0et? water A There drains XQ That of' board was thrown is a little was Mox on the place out ir sidewalk f'ront ,. here down. 1s the gutter, you mean? A Yes, He was right sir. there. XQ Right in the gutter? XQ When he threw which it ias, XQ the piece XQ After whatever after hm? husband y~.J.r husband it v,as, A Yes, ran running after sir. sir. the piece of board and ran and your husband or ran Rir. know. XQ T11e last A Yes, know sir. A Yes, him? saw him throw Mox turned you don't Yes, A after this? XQ How f'ar did lriox run before A I don't or rock, and ran? he saw him throw After rock, your sir. of board you say he turned XQ And that Yes, A I don't you sa, him? A know anything then, Yes, your husband overtook af'ter ras Mox running sir, running after im? that. and your him -- husband afte_ he thre'.Y this. XQ Now, Mrs. it told a fact Isaacs, I want to asl<. you this when you as!ced Mox i'llhYhe had cursed that you he had not done so? A I don't isn't question, remember your baby he what he told me. I don I t knovr what he said. a:fter XQ He did say- something? XQ I will ask you this Mox had said yo·ir husband said, A No, sir, XQ Isn't him, any .Mox raised trouble Jlia hand. wit this A He did other something "You are question: a damn liar hand and said, you? u A I don't isn't it true that which you did not understand he did not. when it tru.o t11at your husband his say something. that or a son-of-a-bitch? said that and advanced "Go a ,,ay, I don't know v;ha t he said. ,ant upon to have He raised ��XQ When was it towards No, sir. A him? I approached he raised It him and asked at him? I don't A Let's After find XQ He looked I h'.3.d asked remarks, he could throw. immediately the jury I about sairl the baby. approached that him to strike when he had raised to him he looked this you ha. after and he turned you said raised -- around to said ihat to him? around and looked he immediately raised A about around his After the baby, to see vrhat hand? A He his hand and looked around to see what he could his hand and looked arounrl to see what he could to throw. XQ throw? He raised A Yes, sir. XQ He then looked around to see what he could find Yes, sir. And my husband, when he was going struc1c at me., then my 11usband struck him. XQ A What was At the ox doing time he struck A Yes. XQ Was he making A Yes, husband me, strucl<. him? him? any effort to out strike there. ox? standing A there. I don 1 t know. The only struck Yes, see hin make any effort to etrike Mox at all? sir. blows you saw struck Mox? XQ And those A time your husband ? see that. XQ You didn't XQ the Well he was standing XQ I didn't at to thro to strike A or vrhen to throw. around thought I to him -- you know, what he meant by talking in, making find talking started know what he done. see! see what he could husband was vmen I saict this him about XQ Now, you have told XQ Had your hand? What did he do when your husband XQ A his sir. A Yes, were the were the blows you say your sir. only blo"NS you saw to amount to anything? �r • �XQ The last anything, time you sa-;; your. husband Mox was running Had they gotten out into and !!ox, to remember and your husband was running the carriage-drive at that after him? time? What A do you mean? XQ I mean, had they gotten A I don't know; I didn't XQ You don't A He was going across can't see that. the pile XQ He was going across XQ How close the pile him? your husband and Mox, didn't all When I seen them start towards When you sa·.1 them start chasing XQ for God's sake, my husband struck hirn? the road. the road? A Yes, sir. 1 must have begged your husband not to fight I didn't him? to hear. God's sake, "Please, A I said, 1tFor God's sake, say the time you S'.licl that At between not to fight? your husband towards ox was doing the ru..nning? lumber and both I said or after don • t you al 1 fight. husband you beg your husband before XQ Then,you rust XQ I knou. fight. Q When was that, because A I don't was going to be trouble I begged. them not to fight. y~~ XQ sir. to him was your husband? XQ Now, whcm you saw there A of lumber when he was running Yes, A ----- don't of lun1ber. you that. tell A the min le of the road? Where was Mox when he was running? know. and your husband after out into was running A Mox just was after I didn't him. spooially the enmlua :pile crossed I said mention it and your of loud enough for mvhusband. I sairl, "For don•~ fight. At the tiJ.,e you said Mox was running •t For God's after him? XQ Do you know where Mrs. Arthur Hirsh and my husb·nd and your husband sake, was after don't A you all fight, u Mox was running him. was when the dif'ficul ty ��took place? A She was in the house as far XQ Did you see her Mox? out there at all as I know. before your husband struck No, sir. A XQ She was not out there then? she had been there XQ If' A Not that I seen her. you would have seen her? I was so excited. kmw. XQ Before the fight started A I had not been very you were not excited,were well all XQ But you were not excited that day. before A Not to amount to anything; you? the fight I was really took Place? excited for I had been sick a 11 daY. XQ I understand see her there at that time? XQ When did you first seeing sir. No, see her there? recollect XQ Were there immediate I saw. I don't A remember in the presence tended were sitting didn't Mox raisei. No. on the sidewalk out that began? I don't A or that Not that know who they me so. XQ Do you think, on the day after A I don't know· whether know what I said that he into them My mind wae not clear. Mrs. Isaacs, whole transaction? where I got Peace I feel the trouble, Leon and Mr. George E. Sipe, his hand but you didn't you or not? bothered. this about you state of your brother to strike hey Persons A remember. XQ Mrs. Isaacs, you thought her at all? at the time the trouble of people I don't seeing other any neighborhood Lots were. about A her at all. XQ You don't fort has not been good: but you did not your health like your mind is Perfectly A Now it a different ie. After clear I went away Person. DIRECT EXIMIUATIONRESUMED BY MR. CONRAD: Q Just one question Mrs. Isaacs~ hia hand iJJlisxmnK in reference to tl1is Yr. Lee has indi~ated rrith movement Mox made and some- ��I --1...,- thing has been ~aid about his would just way Mox (Indicating) A way. Q Right this way (indicating)? Q T'"nen it wasn't simply was with your face? A holning The length Q I want to ask you as to here, store, what business you know, and then own movement the \78.Y me. sir. hand up? his towarns A sir. No, right sir. Q lived Yes, A I wish you the open Palm of the hand thrust Yes, of his and your at me that W8'J! -- right hand. this this towards right right He was He done right Q The motion his by your own ar show the jury did. raising arm? Yes, A sir. Dsaacs' fr. occu.pation since he he had a grocery First :vas he in? A was salesman in Showalter's for a little while. Q He had been in the store of .Mr. Abel Miller's? as he a man of unusual Q so nn.tch strength. strength,or He seemed pretty not? A Yes, He didn't A TI"ell but din.n't sir. have have nn.ich strength. Q He did not i1ave? ha Q He never He never any out-door Q What kind work or exercise of work has Mox been engaged work or indoor work? A Q Did he have any connection years? A boys were Q -- his to strengthen he used Well, to run Outdoor with in all of his life, work. the dray business it on occasions when the for marry- other away. He ran to horses a dray and hauling Q In have done anything A No, sir. muscles? outdoor A speaking made use the pavement, or on the street wood an::l things about did your husband struck him a blou. Q struck him of that you.r husband, the TIOrd "blo A A Yes, sir -- -- attended sort. Mr. Lae may inadvertently stt; when Mox as out on the edge of strike a blow and not him blows or strike blows.? A Yes, sir. a blow? ��... ' -- XQ Just er or not, coat off Jnt1 qu8~ tion. r .. A!l Mrs. Isaacs, yo 1 mAt your brothP.r seems to me he had his ' . 111s coat s ,Ams to you that arm{,., hanging do you recaL1.. wl eth- thc.t nic,ht, 1 ana han~in~ o Ar 0 0 XQ It 8-- A I hn ha l hirr Y..not ~aJ but it on ~1s arm. h., 11aa. hi. coat han_):1e on hiR arm? T,~ JO: .Keees s taken for dinner t l : 45 P. 1. �' . �r • I/ Do tor, Q A yo-1 p --1 • ', Ye,, Ho·· lor.e,; Yo·1 'l- Q believe? , a o ' Vi ~in7 ::i, Y ~ A I c; I'. Q A -in-,? I . t t'1 ,1, · 0 1 ar • :, .,_ I x • A Di· Q iJor'y? 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J.R• H U S: '3.~ • l' " I consic"l.e "'in 0 the c1.n110 L. a· sk.1 t 0 1.'). t? i +, I t Q n amr.rn::..· 'l t rl t:~'1t. t·~ t of r. or i: ..._r .•.:.1 , --r' it ..... or A )rocuc A' I 111 · t·1 ne J r o:f t'1c •::!.. , • q_l 3 ., I tic tl t :, · s · 111 a c1 to .!. ) 1· th i · · :L a';t ,__.s. t t O t· ic '"ness? s '1 b'lc · t ere, J. I, ' t::. l yo·1 .,'.). .... ) ""t') ,.,.,. ........... ob·.., 1' ��:ro T[oul l l ::_·:t I '::0·1J. JOll.t t _oii.ts. ·.n~.r....,~·,...,: Y~ ' j·1 st q'oo··., ju1-ctioll o '!ITH.,,c": t'h 0 thor v .. l) m·1,t ~ L.., '-, ' t too t·1•jI' . t .10 t .1 10·,7 J S .p T~i· is ..,;r ~ T-ia fi o '7 11':1ll d t:; ' anrl. m' 10 '0-'/:{1 s 1 1 )o It X . l() . ...:r 1e:::-e. I I-':, 0 .• · i ·· t , .ros"'l on "':.. 1.~t. ..,nr, · i □· t qcro"'l" there ...- 1~'-' , .L... e. 11· ~ t ~-h ' . ~ t· E' e n .•• t·1~.?o1~h · - • t· .J. ,...\ J ._:, "rrr".i ,., It i<J j~rnt nt t lL sq ·a ous ~ ortion o::' , , , ._:>o:ral bn1le ':it. 1 ti1e :parietal bone • .bov .! ,,Hl i . 'l'lf.i.- A U1 s -;:·.1Ll? oes. 1.t s1cu.lls vaTY in 'Glll, Q, Ho·;; .o H• thi f3 e. ti••~ sk·1..ll A o .... I It ·· 'l ...c...,? �If, l .. �' . xn. c ...., t1, XQ Al1'1. yo·;_ circl•:f" i1 XQ _1,,1.c L.n.i---: o-- ' ~ .. ..,, V ) ,h ~ ,. Of' I b•" 1 i -':,;l ,C. .t d skull A lo·r? ... 11, on t'1 'cl .. e ·tnt.; n e~ as .L .,.. ' ,.,.h b:r i-•t:;'1-) .,_ ... ' . V } ~ 11 !&ir~ 1lar ' po::. t of' r-onta .t? il, the t1-··' i., as 'lr.,..ru.." te a Bu . 1 V'J.rlO"l ,., :.'1, .l""' 0 ....'1 tll l"J ' 0 f':1 ... ,c of; f'""o .. J I "' .1_1 ti . e~ - , Do.:;to,, .j.o o·,t, ,., /. -1:, - cro en • on . {. ·v . no J? 1 A Y : , ··rt. it A .. conv '. i ,. t? 1 '1V 1 0 -r . lC 1 . t 't .. to -1 .. {. L XQ :r t .e loc .tio1 n .e Q ) o_· vht nor n .it "'0, 1.t OVG' ' cy Ho.. o:.~ _,e~·.,.:.-'; ➔• t to I h- v"" .,,.,,'l c--on fo9Jr i11c; it. ., O"l Ynf', c-i~.... Ia?.s11.::-_rin,·t:i,, l . not. b . r g th -t .. it: :r-l • - ·1 ~ )ctor l h1."L 0 . +h1t. or· 1 , -1.t I , ,, e.o irt V t i J.• A ir hear Jct. t' l ....C -I -, J. lo· r.1.1.)k is _ ,J. all t of' +ne i t .._i ~"': . Oil h t:mn .., ··;_ll nk lll? I ar t ix :. ,-,·j ,.,. "-, 1 . t b_o r? r,,t::."". t.· 11, () 'l i-.::!ati113 t·1e , ~ l cirTll in ·o ' Docto·--, : t1, s ;:ull y .. ace· 01 I A iA 7ITUE"',..,: Tht.:;; , 1 o point accur ,.:.th a'Js lu ..0 l bv o.o .c? co:.:m• l ', I"'- ;. · oul ti; A i qr var. e "!' I clo not on,-, -hi "'.-ne n,..... . c• }1'' of' l 1 . it + 1 3 :::3'· 1.l ve. sol !]. 1. .( l]r- di n il I no1~ - ,.,. , . .:.11 I 0 j ., ,:) r C, :i.+ it n ~. -~ ir, PO �,. \ ' .. . �r • XQ Is thickness of A meters, i :.o··, ~ I rlo not ·nou. I hav1~ . ~~.:r-r' >1t • Q be the skull? entionerl,-- illi- .fivu I c 1.n:.1ot be 'lbon ... it. n ~ , eate s.i.r. ot? i. t .:.~1c.!.1essof ._,v as coL:11r., ent ·r•.Ar. sk tl 1? "he a .;er"·~"' of neasu:r:e.11· ts, s_,eaking I 1ro, A 2~c.•iJect? 1 Tl:en yo t ··;_:-11..lr1. not rw.,.q_rrl yourstJlf aver on it, 1010w anyt,', in:; I do not x.q You 11 ve are tht:: Tvv·a__.,. h".; ,- t .!._,:x;:-tsof but would 1.illir.cters +'iv; ,'if'f'c in that of' the t ...:at f'c:! th~ -- elusion 2 aFi I have neve_ A ...,o s'!,Jci!.: If' Y0'1 ·n.y ct 1tistics nee· c·.u o.,· a1. '( y you. ha re ('P' skulls? XQ il • T..... -• ~ ,~a1··i· ~ - _., XQ And it lJ x~ ly \/0 ,,_lr' '"'· rl JC 8'1 sed.? 1 if be trn 70·1.11_ bt~ _JO<:Pi It + "'C , --,-.L· 11 ,.,. 01~ • ·,.. 'J • V .. ,.,. - +'·i 11 l. -'-- yo1t eve::-e 11..nrl.AY·t) ·.ro 1--l b.; ·1 v l'Y good And t::-10.t '701 11 coulr" " · +o 11eaBnre arv A 'To, s:r. Dirl yo t ' ~Q XQ of J I am asking kn 11? XQ That geon not ri ters, text-, hi.l.,l!3.n T - adoi:-it, llL>v, A You rl_irt not? g the :Ct:3.L,l1ii method? A only- met .o"'. ·· :t .,r0'1.lr-. i ... not? A aver3. 0 e Ye<,, Rir,it, clllY p 17 sic:i..an It onlr" le. 01· "'lr- ·.-:-0·1.ld •• . 1 't · it? oe rq t·ne:- cone 1 :i.sivo, ·you_dn any 1 the be9t \'73.Y of r_e'l. 1.r.f cnt o:f the tl ick.ne·"'"' o:i. the Jo. A Ho, not A Eo, siJ.~o ~ 10 sknll itself d Skttll ��., t . J •: , ' ~ ... ' X~ Ne:iih.er at the point No, sir; A. looked·at the skull considered it not at all. and didn't of determining points as nearly being as XQ You think hight a skull at that here-c•l patent is it thicker than not, the thickness? we always go into these where this injury 2.75 millimeters, measuring as point. you just if it to that is notice that the differe1 ce in this mighty near an average-- on one side right now. question, my the the right sawed a little than it is on the other. Yau have undertaken by referring sir; but lower than the thickness left side of this skull you will find to to the skull it is is very nn.1ch side? XQ But as a matter side for in your hand and which I now have in my hand, A Yes, between to the skull at the point ould consider in answer which you had consider you would? I am coming to that illustrate I I would. but see how much thicker X~ at all. and didn't at all authpsies place, skul A. Yea; for skull I can. we I think A at all. or not it was of average whether to have taken an average thickness, directed XQ Would you regard is alleged it take any measurements In making these A measure point? standpoint. X~ Was your attention purpose nor at any other Didn't of average it a skull from any other of injury I think the other of fact, on this side side is That makes a difference. side. there that is a very patent and the thickness difference on the left (indicating)? A XQ Yes, sir; If a blow of exactly the the same weapon was struck on this side(indicating), true at all, isn•t it swne force and made with exactly side(indicating) as on this that the fracture here, would be a very much greater and severer fracture if followed than on �(I ' • J '' . ,! ' ,,,'I �''. . . ..• this side(indicating)? A can give I dont think so; not on the gaae of the skull. I that skull you my reasons. XQ I will A be glad I think a blow here XQ Than if that where the to have them? be true skull is thinnest A would be It would have fractured a blow smitten on the would be more apt more apt to break right to brakk the hand side the skull skull? on the out- side. XQ Then, quired the thinner to bring about A That the base of the is, the skull, the a simpl,- Of course, skull it on that a greater injury on this side, as it than base brain of the skull tissue, the blow re- on this a complication vrnuldlhave side you wruld get is, but f.racture, believe thicker lighter such a fracture? skull. blow to fracture the on this on the base side. I of the skull you wou~d an injury side-"' ( indiotaing), than you would here. a lighter taken than at that on the is on the cracks You would get the ~ / here because there XQ Suppose right hand side would require thin side is less this were an egg i~stead were thick than it would the of a skull and the lefthand a very much lighter A Yes, naturally, the shell resistance. thicker, that wouldn't is, if were thin side blow to break and the or shatter sir; A Yes, I a.--nspeaking sir. of the you were speaRing shell the it~ proper. XQ, Yes, it of the egg? of �r • �' ',\ ♦ • , r ... ', Xq There is ing to the fact thinner than one other that XQ Because than MYMR. SIPE: that as being unusual? condition? an abnormal of the thinness condition. on the right-hand side ;-it is side? They are generally particular of that is much have that. on the left-hand A In point- of the skull you speak is an abnormal I consider A wt4nt to ask you. hand side side, We don •t often XQ Then that that right the lefthand A thinner the question! more evenly distributed than in skull. I understand you to say that would be ma.fie on the thin side the fracture easier than oft he skull it would on the thick side? Speaking A of the contents BY MR. SIPE: of the vault it would fracture where it i s t hick XQ Now then Doctoer,I struck on the thick side, would it A I would like XQ I understand one the brain im.~ediate eussion, have those questio~, or more injury to have that skull; side was to the brain? question over. of injury and lesion the If a blow to make a fracture other to the produced is an injury may not be any fracture Yes , sir· XQ The question side it of the skull; brain, on the by con you to in ya.tr uind have you Doctor? A to produce skull? where on the thin but not sufficient of fracture of the when there ask you this you have two classes result by a fracture more easily of the skull do less in the e will to make a frafture of the skull, and not speaking of what makes the fracture A Naturally sufficient skull of the skull. I am speaking is t hin than of the a fracture of the skull . I ask you is this. on the thin side suppose was struck but did not make a fracture, a blow sufficient on the thick can you undertake �♦ , f ( �to say that greater the the than where injury the from the concussion injury frOLl the I believe A greater· injury to skull fract re on the thin the blow on the the brain itself. is thicker, thin A because would be as gre~t side? would produce blow on the left resistance, you are of to have a concuss ion and you would get side or a greater force side apt going down. XQ. But if necessarily you pr Oduce no fracture produce a lesion of the in the brain--if skull would you you produced no fracture? You could have A was very little XQ, It caused injury it. to the brain was enough , however, and caused XQ, It his certai~ly was. was by lesion That the base there itself. to produce a hemorrhage that lea ion of the A pressure injury to the oft a very hard blow of the tissue? tissue? It was duet o fracture A attributable You get a hemorrhage produces death. from the meningeal Of course, was made, was it of the I think to the brain artery, and you have to have quite case his to the bones tis~e I have just not, by an &ctual 1. ?4 skull? in this X~ This hemorrhage ,,as s,ttributable must have been a arteries. to injury A there tissue? the fracture injury he brain to be a hemorrhage X~ That lesion after It was certainly of the skull. XQ In order ) tissue brain death. A Not bj lesion that particular his death? A at In this death was just at the base as much of the skull as --more. was caused said by lesion I think a.a much, if the soft his death in this not nore, to the parts1 case injury of the �.t ,, �bones at the base of the skull, as to the injury to the brain itself'. XQ Dont people frequently bones_ fraotur have and no d lesion? lt'hat are A or legs, quent er what? you talking about o,:currence that and people the bones of the skull? the bone is fractured I would rather arm, Is it not a,fre- without internal get well? If you 'IJ\allt to go into A the bones of the And get well from it? X~ Talking lesion about, that it would require--and not. RE-Dil-lECTBY MR. CONRADo Q, I dont know whether Lee and Doctor Sipe plain english this particular this case at hand, and without Sipe in plain are at the ~ ~ there part sides Just likely thicker skull) bu talking the skull about to Mr. Lee and Mr the less is, to break of it liable for to break the s,:ull in the case you illustrated and a thinner egg, portion and the thinner striking it on the sid the egg in where the thin A A b~ow of equal you in. in or be pushed in? force aboot an egg awhile of an egg, part ago, the thicker being on the , the blow would be more place is.? now? sir? A Yes, sir. ~ Striking not so liable 0 Yes, sir. to crush Q, Yes, or thinness so. at the points, of the you and Doctor Coming down to you answers where the blow is, is a thicker being ab ,,ut. here--(indicating Naturally tbat all to the thickness if I understand Continued) A regard english,the point A been talking have skull I understood it on to crush the point in that part where the shell isthicker is of the egg, but 1..here woul d �. ........ ... �... rti.dia~ fr-am the point I cant A would require side a oft he blow , these tell harder the egg. a·bout blow to break skull at that point where Isaac4 crushed it at the end than it on the blow, was the or not? was no depression seemed to be --it It just A very little disturbance vre cculd to the skull see both q, BY. MR. LEE: Very A Q, Then the would that thickness 0 like t here was we got inside-~ 0 the point the Doctor to say there of contact? little. fact that ar 6"Ue that at that A places looked until Do I understand at was no depression any, this No depression? ~ until received in to any extent A It was not.There there was no depress ..on, or scarcely the skull vas thinner, or of the proper point? I would think have mashed in more. it vras of proper It would naturally thickness have driven or it would the bone in. right q Mro Lee has asked whether thickness any person that of the skull present,a your attention at the time physicialt, was directed of the post-mortem: on behalf of the accused to Vias here, at post-mortem? A Yes, Dr. Jones Q( Interposing) Hirsch or_ his A anything was present I mean any person and Dr. Davis-~ particular representing MR. attorneys? Dr. Burnham. Q. Was your attention skull I would say But 0 q, At the point the cracks? Dr. Burnham said directed at that to the faco/ by any remsk time, to the thickness ' orby oft his of Mr. Ieaacso I A I cant remember that it was. I don't remember it at al~ �.. r ,,•, . \ �..• • • T . --32-.,1,~ ..0: and :le At n p;;:;estion coicur~pnce ,'Jo1-1rt, the follo rhere ,d, the J1ry, •fmt VAs, ~,=. At:orr.ny, to 1n their the pre. of scenA the 8n~e was submitted: ·in~ evirlAnc J. L. Art .11;:"i ·rt{Uu, s~ vr . by the Q ': 10 live.:, on tt.., corr.er 8ourt; and ,·rater strPets ✓ rman of cornAr? The nAxt ho sA, Q 1 orth, • A, is 1 ~1ose hoPle? 1,1r. A1..t LUr A es. n·rs Im L1e next lives in the A That is tle A That is Q On the t r1c· 1 part is a doublA house, -~oin,, !Iorth, art, that ext to A_"thr Hi:--s 's? n Isaac • lived in. in the OJ.Se? .,rP, ,.r. w 1 1~ • 8.. ell live.s. of ITater a d Ger:11·n · s tr .Ats there corn8r ~ · l 1t , 11g P-1f~c ho soutLer!"L 1 1· ves q._ ...o Q an hA onr_ German S:r,,r,t, 01 the Sout est w10 of Counsel for tle aces the prisonP.r tl e tragedy, of thA ComHion Aalt .'s '"ihar G near 1 ey Jon a(i. .J 1 s :rrrn1,.encer · ..:l f'I 1s A Yes, " sir. Q TherP ar, no tr ,es alo~~ the Rast side of the strP,et in fr on Q t e ho .1""es ius t refArred. of V vfr. Ar:nentrout, where out to the j ry? poi t that ar'-3, ( ASt s i rl, of German st r.:AlbP.rt 's gtable, It iR wher0 thosA t.o AAt ·v above l. t ?. • table" & FP.ed ' Sl • 1he fiT•qt ho se south of the brid~e, iR 1•rhe_e 11ir • HoL ..ar l.i·r ,s? And the next A Y. s. sL. Q And the next house, s Jhere soutL, rirs. L Th_, Clatc 1 mAn of bridp;e ). and north That s here thP. nan 1S stanci.1n t h0r man 18 81. t-1-. Jl g in t h0 do • l P, Ge-'-nan StrP,et, lives? Jo, rnr. A A Q 1 foods n It has tLe ~l~n of "LivAr Q A 1s Q an--J.th., to? 1 or west A A no r, si,:, .. of YP8, sir. J•rs . .K senbe y lives? A '?,'Ar '{ ,S' L �••. �r • --3Z-Can y0 Q 1 t. t, 1 th TE 1idth of this J here. street lhJ.B'I1: -~et a nea.<;1rA a_(t ;;1P.asF'A it . . IT JJG:;~: I ca~ t .1::. ~.L~.1t nAar by tepping it. THWCOUHT: Step it. Q Ho many stApc, din you make it, ATme_trout? rr. .A ·ren steps • Q T0n step. Q And the f om curb to ag etween cur street, Q Aud just .A YJs, track )} a oppositA not? here this pilq picture ·as st~ndin~ 10 " was taken? A Yes, Q How soon aftAr Mr. Isaacs A I tLi,k taken? his stuff Q near tl:0 edi at as? 1 1. -l-? l, • A sole oid Q higlt trash, A Q ,..'hat I ➔ay; indicated SAA 1 . Yes, si of trash on as kil 1 as? i::i rorner 1 hen ed as that picture I am not surA~ on tis umoer and stuff, picture the point as big ( 11.r3.icat ing) tak9:'.'1 o to~ that of tl e lumber thAre, as thP. charactP,r at sand of it? J .1r. is thut Lookerl. to be ref.1sA That of the Yi=rn,sir .. icture A babl., , 11.i e t ere time. the next of the pavem9:it, J hich this ho 1se; :."'1r. si_. Q ArP, ou the mB.n tat 't is Yes, ab•J it the center just lS C'lrb, . A C 1 Tb? rubbish from an old bu1l hat r' ing; probably of some kid. ( exhi b~ ti ,~ to "i tne ss) gives .+ P. 1 '.J do 0s. It looks about the to me, pro- as more thc1.n t 1at on the ground at tl e but ma e not. e eabo_L s as ,ir. here was he icked p? A JU.HO.ti: . did hP, la t Is acs; ere M{. HA..111 WiH: Can gP,t tl at from ei t 1 ,_ ~ • Luo• ig Hi:r-s., or 1,' • Clauc1.e AlbP,rt. �f • �-- 4-Jtt. LUD7I Yo Isaacs HirlSH, sworn by tl e Court: • us on t .e ground, an sho ( inclicatin I •) on I miss t'vnl .nk l.1.. 1., tFo men s an i n goin~ the point the tragedy, day after tilf=) 0 nP,a north, hAre the Isaacs jury fe the other man indicated MH. HAlt:, Kh: A oert, in th&t im up u:d carriP. ..tK. HAi, 1 ..K: there 1A1" • th9y :r-Ap:r,"sP.ntP.d Yes, The sir. fAet lay, sleeves 1 • rnan t s the first him in? helped 1&t you ick YAst sir. A '.~erA you present fe11t a·,, ,,,hen the photograph did not head J.i, ,.., COl-J.HAD: .L at puts on tL, ar:d ~laude b·I us 1,-_ T ' ' la straight aid in the roa vr&. ar.ro"'s ). thA:i, ar.ro ss the 1·a0 on t sid.P, of the road -- you c&n sne her, thA wa..o;ont ack r ns? A Y0s, si • track an I t i :11' so , but can ' t t A 1 • ic:ure? r r. Isaacs of the he. 8 his st 'rt :."'. Is acs places lAft ...ar:d side where _iis ...Aa<i layo The man in his TA to you eL:P.r A ? 1• out and I point w} t e midcile of the roac. is nearest an L ch .. each ot er on the tell r. it Are. a :photograp. , sai<l to have I an handL ,:_;yo street fr. 7h'-l e A I pickecl his head up 1n my arms rieht. fell? bAen taken ~r. 11rs.:., ' '$ where MB. L~ L,': I wo1~ld li~E: for ( Jury to takes Ac1al ~0~1cA of tne condition of L.e oa .-··rc:,.yi.l.:>H~ tl:1,e west side of the strAAt; that 1s 1s stAAP an0 ro .t~h .. TherPU!)on, on ret evidPnce to the Jo-:..1rt ro,om ,ea as ·0..1_:o,s: r'1i:::~ was res �• �-35-- MRS. GE{TRUDETUTWEILER, -examined Q this TutwAiler, Mrs. difficulty Q to the Pass, wheeling struck dovm? Q a baby Shortly particular any whether carria Yes, A that ladies just tl1is said at that of any kind I heard loud just after loud talking I don't I talking Isaacs was around after but I never From the trouble? there which one -- time you. did A. Well, after and one of the they were fighting, and I saw Mox throw the and rocko .HE COURT: Who did you see throw fITHESS: :Paid on. of thin ue were sitting remember looked Mr. Yes,sir. Isaacs ir:unediately that? what did you see or hear -- before that A was killed? shortly to ,:,1hat was going Q Then what happened I heard night I did. any com.r.otion after the or not you saw Mr. Louis e just sir, attention pay attention Ed. Snell's in which Mr. Isaacs jury Did you hear A that? rere you at Mrs. occurred state by Mr. c,.mrad: tlie rock? ~1ox. THE COURT: Who do you mean by that? WITUESS: Mox Hirsh • ... 0OURT: The prisoner THE WITUESS: Q Yes, Q I mean to say, A You ne an, was the rock Q Yes. Yes, the house -- Q Well, throw up his fr. of that Gertie? A Thro direction. either, on the paveuent? sir. A Q Did the rock at -- kind Did you see Mr. and Mrs. Isaacs, Q A northeast here? sir. was the ro8k thro rn, ·uss In wl1at direction of no~th, -- kind Yes, at the bar, struck was it Mox Hirsh, in tlle <'lirection thrown in the direction they were? they were? sir. strike them or strike Mr. Arthur what else arms. thrown did I don't Hirsh' you see, kno or what he did .'J A It struck s ho tse. then? whether it anything? for. A I saw Mr. Isaacs he meant to make a strike ��If J • --36-- MR. SIPE: He did what? WITNESS: Threw UP his arms, hit him with the board. Do you remer.1ber seeing Q she ran in between Q She ran Q Did you see anything Q Just after A Yes, sir. Q And, then, Hirsh in between down? the A there, I don't the rock Yes, this harclly in bet rrnen them? when he was hit as struck, blow center reference thit know. No, sir. A she ran A Yes, sir. by Mox sir. A Near the and stuff rock. and Mr. Isaacs? to her? sir, Yes, A Mox about what place in of' the road. to Arthur was out Hirsh's there They were just house in the a short and street? distance from though. Q With what did Mox strike Mr. Isaacs vith, Q Was it Q Does that A Yes, sir. have the Q Jere A these Q Who had it Yes, that (exhibiting aP:Pearance board that Mox struck A board. A like aeything on it? -- What was it Miss Gertie? Q Did you see this spots the happen A time they? of laths pile he threw Mox Hirsh Q Where were they with this Hirsh? did you see Mr. Isaacs at road were after Mox threw and knocke. Q Well, the them just Arthur Hi..R. and then board)? of the shortly A sir. Yes, and lcind of board? size afterwards, -- were these sir. blood spots in his then hands at fresh or dried? the tine A you saw it? Fresh A spots. Mr. Thorp. Q William Isaacs Thorp? A Q He works at Woodson Q That was hit Yes, & Albert's is the man you have was it sir. stable? reference you sa·.1 M • Thor:p with A Yes, to. sir. How soon after this 'ir. :Piece of board? ��• , r .. > • . --37-A I don't know just how long -- Q And you were still Q did you see Isaacs of time, trying air, -- Mr. doing making any effort You, I believe, with scene? Isaacs, at that anything- to injure Yes, A I guess. sir. particular moment to Mr. Mox Hirsh Mr. !Iirsh or in any way? No, A a year, clerk at Mr. Abel Miller's store? A I the family. Q Mr. Isaacs he on the or ten minutes, I did not. Q live time Mox struck the At there eight or- near was there. also about clerke~ there? a year,and He was always A Yes, I never nice He was there saw him mad all a11d pleasant MR. LEE: sir. That the time -- is not proper. MR. CONRAD: That may be stricken out, as far as I am concerned. It is immaterial to me. It may be stricken out if you gentlemen desire. MR. LEE: Of course, timony, and if it is improper ir..1pro:per -- 7HE COURT: The Court will if you ask for it. MR. LEE: strike tesit we do. 7HE .COURT: The Jury will dixregard statement of the witness. Q T'ne character Mr. Abel Miller's muscular Q goods, o:f work that Hr. Isaacs store, was it exercise, or not? What kind of a sto:re notions out work that A No, sir; does Mr. that had to do there required at any particular he was a clerk. Abel Miller have? A Dry- and shoe store. THE COURT: You mean he was a salesman the store? WITNESS: Yes, Q It notions, shoes, Q Hirsh is a general store, and things Do YOUrecall make aey threat that at sir. a department of' that in sort? any time at or n:Peflk in an angry store for Yes, sir. A the way store dry- oods, you heard in reference Mox to Mr. �♦ , �--38-A I don't Q Did you at Mox Hirsh -- any threat the understand that. any time either there against Hr. IThile at you were the Isaacs store there at or any place of any kind? A the store else -- Yes, sir, hear mal<:.e I did at house. Q What did you hear .Mox say? He said A if Mr. Isaacs troubl- him if he could. ed him he 7!0Uld kill Q What house Q That Q '.rhat was after A Yes, A Mr. Abel Mille:r's. was tha:t? was at Mr. Abel Hille:r' s house? A On Ea st Market Street. moved to East Ma.rket street? sir. Q How long tell Mr. Hiller you that. was that was during It .r. before the Isaacs winter, was killed? A I can't though. c::aoss-EXAMIHATIOUBY MR. LEE: XQ Mrs. Tutweiler, was first XQ Mrs. Ed. XQ attracted I understand to the very Where were you then? Snell's you to say that loud A talking? your A Yes, I was sit ting on the attention sir. stoop Df doorway. on the You were sitting of Mrs. Ed. Snell's steps house? A Yes, sir. XQ A You spoke Mrs • .Mccrary XQ You had A XQ A of other Yes, sir, any V/Ords at ladies were there. Snell. Isaacs for in that doortlay facing them. No, sir. sitting I was sitting quite awhile hart you? what was being said? and you sa A 1 them? No, sir, I did not :from you, were they? all. XQ They were not A Ed. what other sir. XQ And you heard hear and Mrs. knovm Mr. And you were Yes, ladies, more than 25 or 30 feet �.•• �,. • ... . --39-- XQ And they were talking A loud? They were talking veJY loud. Who was doing XQ don't remember the A I can't taL~ing? much even about You say some of the XQ at that this their ladies tell talking sitting at there I you. all. were frightened loud talking? A We were all on the pave ent and someone said sittL~g they were fighting. XQ said XQ You mean to say there twenty-five they f'eet Yes, A was said not paying pay XQ was it it XQ sir, angry hear what knov1 that talk, as far either. at all. as to attract ourselves and not said. as you could. gather? was cross and angry Yet you could not hear at all? talk? rocl<. was thrown? XQ You do not XQ So far that A kno~:? A A Yes, XQ I say, rig11 t? so :far A and could not distin- betwee1 the two men before Ho, sir. A may have strucl<. Mr. Hirsh A I do not know. No, si1~. as you do know, A I don't sir. No, sir. rock was thrown? You do not know? Yes, No, sir. as you know Mr. Isaacs XQ A what was said XQ Did you know rha t had happened I s that I don't A we were talkin~~ to what they g."1.lish who was talking before and didn't was cross. X-Q It the within what was said? 1as not of such a character lb, arw attention XQ Was it tall<:ing? to the talking Then the talking A done there any attention. attention any yow.' 3.ttention? paying they were righting. was so r:mch talking I di0J1 1 t pay any attention Those voice I didn't Said A of you and you cou.ld not hear sir. -- XQ sir, were frightened? know that that may have occurred? he struck him. �1/, J •: ~ .·.. • �• • r ... --40-XQ Madam? XQ I this: am not Before this Then, XQ before I don't know as he strncl<. at hirn. as ing you if I did so far he sitruck 'vas thrown rock No, sir, A Hirsh A at 1'1im; I am asking you did not see :1hat took place? I$aacs struck not. as you know, r. Mo, sir, rock, hit are you sure the wall it rock 1as thrown ~as a rock? of the house A and bounced not notice XQ at the walk, it hit see it. to speak -- Yes, edge of the wall not? of it I saw it sir, it hit house below did as a when it street. anything the rock A I else? Yes, A strike? Just A the weatherboarding. That woulr. be only a few inches would it You speak anything. up on the How high XQ I didn't you do not undertake back on the XQ Did it h1t the house before did Mr. I do not. Nov,, when this XQ may have A He may have. the rock was thrown? XQ You do not kno',7, and as to that A you sir. or a foot A sl1ort from the distance. side- I don't know how far. As far XQ A Yes, as you saw it was that A I don't XQ A nothing but that one point? sir. XQ How far were? struck couple point from where Mr. Isaacs and his wife Hot more than a co Ple of feet. know. of feet aitra.y from them? XQ Was it North or south of' where A they uo, sir. A It were standing? was south. XQ South XQ Then they they? the A Yes, o:f where they were standing? were between you and where Yes, A the rock sir. struck were sir. XQ They were on the sidewalk.? XQ Vhere was Mr. Isaacs? A Yes, sir. A He was standing on the side of walk. XQ was he on the sidewalk too? A Ies, sir, he was on the out- �'i '• �. ' --41-- aide. XQ He was on the sidewalk? A Yes, outside of the sidewalk but still on the sir. XQ And they were on the inside - XQ You are perfectly certain of the A of that? MR. CONRAD: A sidewalk? Yes, Yes, sir. '3ir. What do you mean by they 11 11 ? MR. LEE: I was trying to Place the position of' these t,hree people, Mrs. Isaacs and her husband and Mr. Mox Hirsh. I don't know as to Hirsh, whether he was on that side or not. just above Mr. Isaacs. He •ms standing WIT1{ESS: to XQ What I am trying mislead you. stand you, so that the at the now, first, Isaacs I an trying and his 0 et at is this. to have you understand jury was st3.nding on the outside was standing on the with A Yes, of him and she in front pavement with . the go-cart between between him and Mr. sir. XQ Where was Hr. Mox Hirsh standing? A He ?ras stJ.nding above them. XQ He was on the Yes. in the sidewalk of when the speaking XQ out He of him? Hirsh? are on the pavement. go-cart of the XQ And she was on the pav nent just I am asking inside. XQ He was on the outside in front the to was thrown where were Mr. T1iey were standing A tr1ring me and to under- us both. may understand time you say the rock v1ife? I am not A rock above was thrown, No; l1e was out in the them? A Yes.-- You are you? gutter a Piece from them -- street. XQ He was out in the XQ You say he was out on the but just edge of the XQ How near street· apiece in the from them? gi.1tter? A A Beyond the Yes, sir. gutter street. the end of the old Pile of Plank? A I don •t and �, J -. �• , r .'. ' --42-- know. Not far from the end. - XQ He was, I under_stancl, A Yes, far nea:r the pile It of that was dark. ol-d plank? sir. XQ How far ho say exactly. I can't A I don 't- know just - s he from Mr. Isaacs? tl1e distance was. XQ You don't know how far it uas? was it as far as from where I am sitting to Mr. conrad ia? A something like that. where r - XQ Let us get that say, in the record. seven or ten feet, HR. Conrad? MR. CONRAD: something like ten XQ Now, you saw Mr. Mox Hirsh ten feet A Yes, of Mr. Isaacs? XQ What did Mr. Isaacs A I don't -thrown? feet. thro a rock fl when he was within sir. do imnediately know v1h t he did. after I said the rock I saw hir. vrns throw up .. his arms. Whether he aimed XQ Did he stand the -gutter uhere to strike I do not know. he was? A No, he was at the when I savr him. XQ When you saw hir, he was on the ai:c. He had moved from the his see what_ he did. hand and. he struck XQ You have The next Baid that XQ What were you looking XQ You at l1im? know. what did Mox do then? I saw him have of the road? to the middle him going street. v1hen :Mr. Isaacs XQ Did you see :Mox Hirsh not notice thing A Yes, gutter? A I a board in Mr. Isaacs. was somewhere in the middle lbl.etlu-ew the rock erlge of the edge of the t rew the rock XQ When Mox Hirsh didn't edge of out there v;as knocked A Yes, down he sir. when he went from where he ;ras when of the road? at t11en? A No, sir. A I do not know. and did not notice on' t know what Mr. Isaacs A I saw him throw up his arms. Isaacs I did either. did when he thre'.ai- the rock What he n.one I do not �.' ... ' .. �I . If, I , . •. ,• ' .... --43-- XQ When he fell Yes, A Yes, there sir, but I did not A Yes, sir. XQ You saw that from the did not on and looked in that sidewalk one lig11t XQ I rlirection? sir. to the middle se·e hir!l go out was only us how there. It on the corner you sa thought I of the road? A was dark around No, sir. there. and you couldn't plainly Ar. Isaacs I '£here see Plainly. ;Vhen you saw Mr. Hirsl1 throw A I saw something. roclc? the going Yet you mean to say you ca1mot tell XQ got see him. You were look in..:, in tl1a t direction? Yes, street? by moving? XQ A of the sir. XQ He got A he was in the middle XQ How big was the rock that was thro~n? A As big as nv fist. It XQ And the reason Isaacs got out il with after you give see hin I did not aro1..1nd. XQ Then, as Mr. Isaacs, in the road, I did not A looked ·vas not as big XQ it the Plank? A 011, no. A say you do not kno, was so dark you could go out. I did not how Mr. not see? see plain. I may have see him. Mrs. Tutweiler, the rock for was it? you mean you cannot was thrown until No, sir, tell rho. t happened you saw the blow stricken I do not know what ha:::_)pened between then. XQ walk near You see, Madam, you :put Hr. Isaacs the gutter and you pUt Mr. Hirsh ofl the edge of the out :from the gutter 8ide some ten feet f'rom Mr. Isaacs when the rock was thrown: now, don 1 t you know that Mr. Hirsh vrnnt back17ard to the middle of the road and was followed there by Mr. Isaacs? A No, sir, I do not. XQ Are you lJt' epared to say that tl1at is not true? A He mayhave went backward. I did not see him go bacKward. �' .. �r • XQ. You v,ere examined at the coroner •s inquest were you not? A. Yes, sir. XQ Well 11 ment: , ~t the cor ner•s inquest did you make this ve.s dark and I c ouldn •t see who was doing It the state- striking fl first, but I think that A Yes, I have several me out of bed after eleven XQ You did state A Isaads Mr. I said at :u:r. Hirsch? oade mistakes o'clock in there. The1 called and I was excited-- that? that but it wasn't XQ, Vlhat day of t he weel~ did correct. trouble this take place? A On Thursday. XQ, When was the Coronerrs Friday night. A Friday night. A XQ inquest held? Mam? XQ, It was held the next very night, 'fnd.ay night? A Yea, sir. XQ, so this whole transaction Yes, A hours ol~? sir. X~ You did state doing the vrho it was only twenty-four then, it was dark and you could not see first was striking but you thought 1-_ Isaacs Mr. truck first? You did say that? Yes, A sir. XQ, The matter that was perfectly fresh in your mind then; was a mistake? A Yes, sir, mistakes. I saidt throw up hie I was excited here that that he was doing arms, but whether and I made several night the I saw him striking. he was striking at h.im, I do not know. XQ. Now, a.t the same time, didn't you make this statement: in answer to a question pe, a-s d the by Mr. you Sipe, _ ation, ��'If, l " Mr. Sipe asked you the say tr..at Mr. Isaacs "I think quest ion "~hought made at Mr. Hirsch?"" to them. When I looked arru.nd, trouble. Then he threw the rock.•_You Yes, after sir; even, paying is, any attention thinking I wan•t he threw you to Yo answer It was so dark and I wasn't he did. A unfstood I of any statement? made that the rock-- MR. CONRAD:What were you going to eay,finish answer. I said EIT:lf.ESS: XQ, I am not speaking of Mrs. Arthur say here, "When I looked trouble. Then he threw the the coroner A They were standing XQ, Did.n Isaacs had at aacs I said to it: the Isaacs edge of the the rock had made at him or not pavement. to t1'..at before up his he threw is another the coroner, that the arms. quest ion b away from Mr. Isaacs, board". Didn't Mr. nm towards ,:you saw Isaacs backing with before When you testified at him? •t you testify XQ, Now, here he kept of any made at him? A ansv;er rock". know whether I don•t Did you e ven , I wasn • t thinking aroltnd, had rushed in just hov,. Hirsch you seemed to have have had him throwing Isaacs after Mrs. Arthur Hirsch ran after he threw the rock. your Sipe, him?" and your "Yes ,sir, and then he hit you say that madam, at an d Is- lllr. the coroner's inquest? sir. Yes, A X~ Wasn•t A that the How was that'? XQ, I have read and I will read run tomrds it him?" away from. Mr. Isaac A Yes, XQ, You stated A truth? Yes, Mr. Sipe's again. Mr. 8ipe YOtlr answer s, questionamd and then is, says "Yes, he hit your to you: sir; Mr. sir. that sir. before the coroner'? to you answer "You saw Isaacs and he kept rsaacs with the backing board." �,~ .. '. t 'f �. ' b MR. CONRAD: Mr. Lee, asked you the evidence before COURT: It the in the r , ~ We ha.¥e-to inquest and I will read pap rs? you the inquest shows a.11 the show it 1 11 use it to be reduced to writing office. is not. a stenogrctphic You mean to ask report. he ,ritness whether she gave certain tes- there? MR. LEE: Yes, sir. XQ, I have says to you: ie:~ Yes, sir, he hit you asked already. my question i_Uestion "You saw Isaacs about run towards XQ, That vrith the Yes A XQ, That is /\ t Mr. Sipe, and your answer him?" You said that board". that beforPthe didn and then •t you'? rock was thrown. the W"ds after you said isWJ.at A it. answered from Mr. Isaacs and Mr. Isaacs and you have again I W"dnt to be clear A Yes sir; Coroner's inquest. sir; ' rr /-ID If c-Ai 2. Yes, sir. A XQ, That that question The law requires clerk's :MR. F.M{MER: We timony from? coroner? to. ought and filed THE COURT: coroner's the You r1ean to say the coroner's MR. SIP-E MR. I,EE: you reading are again'? question -- is not That MR. COlffiAD: --- page Page 41. MR. LEE, XQ, I have what is t,tfle truth, and you recaJ.l ~-hat now, and you say now, do you? Yes, A XQ, That is A XQ, Mr. Sipe answer Yes, sir. your " Yes, hit A read that again sir; Mr. Isaacs Yea, is so there you: u'You saw Mr. Isaacs asks and the,wie nmiv then, it? sir. Now, we will is. teatimoney s:ir • a.nd he kept with the can be no mistake, run towards backing board." him?" away from That is ~r. right'? And your !saacs ��.. ,, . ... ' ' . .,.. I '1aC'3 XQ ·rJ.. t . him f' ._,, .c- .... . :n,.,.1. :"Q ~ anl 1 > .. .,,. .......1 ·, 'I , iP I n I ) ,... f oil t + , o·.:1 .''l . it 0 , y I i . C t. Jt ... I i 1,. .,. X'1 T .... t .,.,,.., r 4., -~ , 0 ~ ,,- ·-. . t ; , . i 9.'! n, .L ·i --r et .e~· "'S"? . ... t .. ' +, I :.nt ·t ' l .:_ ! ,..! ....t . ,;_ y .? , . l ... • V , l, ~ . 't I : ...~o no+ r·0 t + +,e. C, c1<:. ..i,~, I ··- .., t·1 . t •• )'.7 . , ·1"1e__ ..., I ! , ' ) 1 t . 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L 1 0 , y A ? ·r) + e·· .ft • t, l. r.:. t C C "-ri ..:..:. t·1 t T - h ir in A ft .. ·-• c, t ,., ., i A • l l? t y )~. Q -- st t . 1.l • nt. ) V H ;·. 1. L t I .) X • • Is ., " e--:1. ... -li t ,- J i xn , ;).!. _J _;_(! :( i. (' ;3 - :... ) V Q ...t > ' y0·~ Ti l) Tiiri + _Q . ' 8. '! .. J ,0 no-t e ." \11 .? I \. -. •t 0 th )n ~ . + .,_ i" ) c; ,.. - I -- ... "".'O l, ) v, lU Io, .? .. A .. r ' '-!.'r.'t I . I A •nt • ..,.. ' I . t, ...-: ) ' 0 .... \):}. 11I ~ n•~ , - ,., .. 0 t, <JU -, J ) °!:,() ? ..., u ~)- . + . ..... .o·· n n? l. , .,J > > ·1. ~ _-' J. 'i ''/)"l l.. r .ox Heir . i. L 1 -1? " n. ... -....,,, ·t tr" r , yo·1. ..• trt"u X '1 rry·_ . . l C t... y 1-? Set:) ,,.. 0 +., + , ' I S'l '1C ? • j n, • . ot + I ��,., . . I ,. •. XQ Did that rock strike the A Mot that baby-carriage? I seen. That, was the olllY- time you ever XQ Coroner's terns, Inquest: Isaacs they weren't A said No, sir' Yes, that 11 11 sir. kno or that No, you don't .Mox make -any threats statements said No, sir, A against before I \1asn't Isaacs? the coroner? before, thinking of what that. then, Madam, were you not? And swore to what you believoo. said were on good I don I t know. A true~n that XQ You were on oath, As I they at sir. \7hen I XQ what·, estiolll this to which you answered, Did you make those XQ Wasn't I 1 by y·ou ever hear No, sir."-- A "Do you know whether on good terms? Did 11Q were you not asked and Mox Hirsh? You me3.n 11Q. throw sir. Now, :Mrs. Tutweiler, XQ the A Yes, was it? anything, saw Mr. Mox Hirsh I was excited, to be true? and I didn't Yes, A Yes, A think sir. su-. what I was say- ing. XQ Now, ag9.in at memory by reading this this question in that you make tl1at direction was backing towards backing {a 1 m? the other side Yes, air." A of the Didn't coroner's soon after side of' the is, or not. ras going Inquest. the rock street, Yes, 11 sir. He vras going Mr. Sipe was thrown Mox in that 11 A direction I don't away. av;ay; I cl.01 't know whether he ms or not. XQ In other after He towards the and your answer A your When was that? "Then, he was bacll:ing to refresh nq Then, soon after and ans1er: at the other :from the pavement1 know v;hether A the coroner, asl<ed you the question: I uant from the pavement? statement? XQ Before XQ Inqi.test, ias thrown lfox was backing rock street, the coroner's him; is that words, right? he 1:1as going A Yes, away and Isaaos sir. was going �I• '1 I' �XQ wow, rtid yo I didn't A 1 see .1rs. Arthur see her until Isaacs towards is Mox ano. that from going after it after Q A I only said Q What did she do? that the rock. didn't rener.lber If A I said so. to stop wife? She ran at the I coroner Hirsh in between s Inquest: you spoke of go Hirsh. she ran she interfered towards I didn't she ran him just he You said see her." in between before them. I don't she interfered. XQ You didn't said Mrs. Arthur A I said you? that statement women and Mrs. Arthur 11 threw Mr. Isaacs mR trying A I guess night? the rock was thrown. Where did these in there? that A You mean Mr. Isaaa's Mox? XQ Did not you make this tt 1 that the _..ocl<:. uaR thrown. not a fact Mrs. Hirsh XQ uo; Mrs. Artrm.r Hirsh. them just out there she ran out after XQ Now, when you saw her, was running Hirsh she rushed between r ~ XQ Mr. Si9e them but when she ran towards towards Mr. Isaacs. slle interf'ered what f'or I don't r you thig running to get him back, A If see that? qi1estion: " towards from what I co lo. see. t. I know. war was Which him?" and your ansvter He was running 1 I didn is, 11 she She ran ·ox and she was trying Is not that 11-- t:t,ie? A Yes, sir. REDIRECT EXAMINATIONBY MR. CONRAD: Q In the answer all exactly, and Isaacs with question together. now, with thrown hit la~t an1 that by that. I just I want to get clear reference do you mean, or not, Hirsh was backing him, but I don't point? know whether that question what you mean, the roclc was and the time he got :.hat Isaacs ran after VJ11atdo you mean statement. A and After from him? want to get your mlear what you do mean to say on that after between the about to two points. was not hit, the board, Mo)( Hirsh Mr. Lee propounded I think he was backing state that or clear]y he went rhether he �f • I' �. ,.. . __, ... ' .ii --8-was coming the.other X!ll Q You say Mr. Isaacs for ..ard say way facine him. li.e", that don't 11 VIas going towarc-;.s him, toward him or not or backing Q That subject what you mean by that,-- statement as to that; Mr. Isaacs whether back or whether them to keep both l{R. subject? A of Mrs. Arthur Hirsh, I do not know. Hirsh she was simply trying sir. Yes, let's interfering. Mrs. Arthur get What is your ms trying to get to get between What did you mean by that? from fighting? I mean she wac, trying A Mo:s.was coming away from him, as to her I A us who you mean. but whether is what you mean on that Q aoming to this clear tell to keep Mox :from hitting COMRAD: Very well. That her brother. iG all. cnoss-EXAMIU TIO{ RESUMEDBY R. LEE: XQ Do I understand Hirsh interfered A Yes, Madarn, to say that you, she was trying I think sir. to keep Mo~ from hitting that is XQ Now, I want to refresh differently ,I were not asked Coroner's Inquest: in chief. follow understand which the .. Overruled. understand ask you some questions what I am tlriving I am going them. by Mr. Sipe of' the vii tness and question XQ I will at the and if' you did not give as returned me questions answers, into at the examination you will if and. i:f you don't at do not answer to read coroner's bec~use changed, ask you this, these Now, Mrs. TUtueiler, (Mr. Conrad objected testimony sustained I will these to going objected to do. You told I want to know if you did not give by court.) m11exactly were asked answers. youI· memory again. (Mr. Conrad, me closely, do fully and if Isaacs? :ihat she 'Has aiming think, a moment ago. you, when Mrs. Arthur until you now the Inquest counsel you questions and your was not reading by the coroner. from Obj action as follows:} were you not asked the following ans,,ers these questions to them at the coroner's �. ' �--s-:-Inquest: Where did uQ of' io in there? do? If A she ran but I said there XQ You admit ;} XQ I will l!~ou, Mrs. Arthur towards him just I was excited go a little further. coroner? towards towards f'rom what I could vrnat did Q he threw yot statement sir. when she ran Hw was running bef'ore you spoke the she rock. say that? Yes, A is where I made the mistake. which we say ~as propounded, running Hirsh Hirsh. see her.tt __ Didn't tl'liX:k you made that A Yes, Inquest? women and Mrs. Arthur said I didn't she interf'ered sir, I only A said I these bef'ore She ran A Mox and she was trying A They vere both question will I towards ask :Mr. Isaacs. to get him back, you make that standing there. "Q Which way was she was this: see.n __ Didn't Coroner's and I ma.de the mistake The next him? the statement bef'ore the -- You were just asked whether you made that statement at the coroner's Inquest? THE COURT: WITNESS: Yes, I know. XQ Is not that I said the like that statement A Ho, sir, t1--ue? it. it, I said XQ Do not you recall you if and that you three I didn't A say it too, but statement I told that just you why A No, sir, I didn't was what you said or four was the twenty-f'our not mean it while ago I read a little to you and asked I asked you made then was not the truth? occurrence you said I said I made the that. XQ Then, after statement sir, times, truth in and you said that that it I told way. e7..actly in that that and if hours way. statement uas true, was true? you why it. DIRECT EXAMINATIOM RESUMEDBY MR. CONRAD: Q Mrs. TUtweiler, understand -- of' the Inquest you were, you 11ad gone to bed and gone to sleep? Q And an officer had to dress at the night came and aroused and come down here. you? A Yes, A sir, as I Yes, sir. nd I �t . ' • �,,,. --1 Q court House, here? I c ircwnstanc A Yes, Q coroner's es? And the paper Inquest, the gentleman has A sir. here, Yes, under I was. to which you pat your is J, not to testify I understann., sir, was the paper there, wai ed for you to come to the s Inquef1t And you were brought Q those While tl'te coroner name, as a Part here in my ? A Yes, hand, and not of the the paper sir. c011ra~1, will you introduce paper,as ~axtx<Xf the coroner's Inquest, in this case? MR. LEE: Mr. that MR. COWRAD: no, MR. HARFas: sir. Then we move to strike out question and the answer the last thereto. Motion ove!"ruled and exce:pi1on noted for the defendant. Witness told to stand aside. �.. �--54-- MRS. ARTHUHHIRSH, examined are the Q You Q And your You were a sister Q He :married Q so that Q Q Yes, A in this A Yes, cating on picture.) And the house is And between your A On rrv house there sir. houses, there (indicating.) out You see the door right there old Mr. Hirsh and. l1is daug._ters as killed, A of the house and t·heirs you live (indi- and in? this Out of the front one here Q What did you see as what did you d.o?. that Re was standing on this side, doors opens on the this your night did you come out of, pavement? thing this A Yes, to and said there? sir. And then I saw when I came out was Mox rater street like Don I t hit 11 of the way, and after that outside,that soon as you ca11e out and Mox had what looked me to get out porch? door, neare8t him and I went up to hin side porch. con:fusion A The first Hirsh. is a little sir. which of these This Who is . Yes, heard Q Q right three one d.oor comes open right is a little A Q When you first he told sir, Yes, south house Q On your house? one here? sister sir. Q .r and the one of these house, just sir. of Mox Hirsh A in which one or two sons live sir. sir. picture? of the Yes, A Yes, A !1ome was the middle pavement?· broth sir. you came to Harrison- Isaacs? sister-in-law Isaacs? on the A Yes, Yes, before Miss Emma Hirsh? And the doors Q Commonweal th: Hirsh? Louis of' Mr. you are And your shown there for sir. Q of Mr. Louis of Mr. Arthur 'home was in Baltimore A Yes, burg? vife by Mr. Conrad knoclced you down? and nw brother a board raised him ui th that, that A he knocked Mox Hirsh. was to strike 11 and me down. �' ,-¥,. ·~ l ;. ' • " ' ' �--G5Vfhere did he strike Q because my nose was dislocated At what point Q on the pile of There was the mixing of the little Q right that where lumber The mixing there? A board Yes, On the north Q there? Yes, A Q the this A A little the middle pile . there little of street). (indicating) pile of lumber brother south It side and there was on this side in sit mixed mortar of trash and trash of standing and stuf:t' that vas or the or r1here? A to me like by edge of' the lil,:e the the mixing lumber board gutter they board or in were on the edge of the sicte walk pile. mixing board A TheAwas closest kKXN~sx«i~ae they Of course 1as From to this out and Mox had this Looke That was close --A To this How close to the mixing board? Q VDI.a ~sx~iGs~stxt~xthExxtmocnx»ii»i It A mv door. Lookerl to the lumber pile. come :from? 1:1ith reference when you ran on the pavement sidewalk. mixing board. Photograph the Plasterers Q . out by the on our house. of the road edge of the witness -- mixed mortar. now·, where was Mox Hirsh Were they street Right A sir. Where had Q face sir. of were was he and your up? in the or trash. that a room we were building Q on the right they pile been wre re did you fall? was out of lumber board must have afterwards. Conrad hands (Mr. was the pile It dirl. you fall-- of lumber the e,utter. A you? were close but near to the to the pile of lur::ib er. Q lower Pile Were they side than on the upper of the mixing the mixing board. Q Did it A of the It pile of lumber was _nearer or on the to the lumber looked to me like board. Q Mox had a board raised a 1'oard raised side up? A Yes, sir, up. look anytl1ing lil e this board? (Exhibiting board) ��' ,f ,. • --56-- Looked A something Q You ran up him with that, lumber sir, struck me to get Yes, A out of' the sir, Don't I said, hit 11 war-. and knoc}'-ed ne do n on pile. because then, I was knocked when he struclc dm·,n with my back One went one way and the other could board. A To Mox Hirsh. y~~? Did you see him, Q that who? and he told 11 Q He then his tp like went the your brother? to,;;ards the Mo, A street. way, from what I other see. Did tl1is blow you received Q conscious? A It Q What effect so the physician Q daze you at all did not make me unconscious; dirt it have on your had to straighten Did you see Mox after it that dazed me. A nose? that or make you un- Dislocated it night. time on water street? A Yes, sir. Q Vfhat took place was going for the police I went do n th re Q her Don't tell I was going standing there the police, I didn't down there? an I started one of' the girls f'or the police. on the and I don't street around -- I said water street. came to me and said what she said. What did Mox say? I Before Don 't -- 11 A I told When I vas coming back he 1.1as and I was excited remember his keep my mouth shut, trouble A l followed it and was talking exact words, was to the effect, but he says, I would get about if in too. MR. LEE: we object to the witness stating the effect of what was said, and ask that she repeat what the man said. THE COURT: Give t11e words as near as you can; but if she cannot state the exact words she can give their effect. WI?UESS: Q \'Ilia t were his A I do not recall I don't ilOrds as near his exact remember his as you can recall words but that exact tliem? was the effect. words. ��• ' ,'' r .. . . --57-Q Vlhat was it mouth shut in reference I would get that to? into MR. Do you know whether brother, Mr. Isaacs? bad terms from the You would get HAM1fER: in trouble? It was said -- what I taken it that I would get harm done to me. Mox had been on bad tei-•ms with From what I could A keep my trouble,too. WITNESS: for, Q if I didn't A That day that brother my understand your he was on and my sinter-in-law were married. Q Now, after got up from there brother you were knocked where vms your brother was laying in the Q Who was with He was sitting Q Q her down on the A lap?, Yes.},. It and Isaacs pile and then? A My street? him at About what place head in his down on the lumber that moment? street there A I with my broth.er f3 in the roac1. was I1e, with house and Mrs. Myers'. there It and more towards was right there s father. head in his Do you know where Mrs. alatchey wars right I .Myhusband lap. your brother's lives? the yard, towards tm ards that Place somewhere. Q Was his center near body laying of the road, or on the otlier as I can remember towards on this Mr-s. Olatchey' side of the s center or in the side of the Rtreet? was more towards it street the center A As of the street side. MR. HARRIS: More to1ards rs. Clatchey's side? WITNESS: It seemed that Looked like on that Q he stay? Q Did Mox Hirsh A No, sir, sleep he wasn't Wbere did he stay see him after at your house that sleeping night? I saw him on \Vater street. that ·way. I don't side. night or where at my house A I don't that know. know. did night. I didn't �... �' ' II, . . ,. . --58-- The Court: Where was his WITUESS: sir, Q That v,ras in tlle corner Q Was your brother a large was he a strong muscular Yes, A man, at that time? f'a ther. With hi. house? home at all, sir. Hrs. Hirsh? No, A he was Q o:ften noted between and he was so frail looking about difference tho man, or not? he and I, looking. No, sir. A that People I was so stought They would of'ten tease me it. Which Q he or Mox? looked rnuld ym.1 say appeared Mox always A looked had a Pale Pale to be the stouter than larger, 1a.n, stouter Lou, f'or Lou al7ays appearance. ua. HAR.t"1I s: \'hat sort WITHE ss: Pale A of' appearance? appearance. OROSS-EXAMIHATION BY MR. LI:E; XQ Mrs. A Yes, XQ It the midclle is Yes, A This lumber some ,rork that XQ ing right one of the door attracted then pile, And that "las in :front that laying rock night? A f'irst Was what? XQ That vras the first 110uses we have been t lk- of old plank, our house? nearly were the remains A in front Yes, any loud I was back t~lking of yo 1r h.ouse? in bef'ore A you came to ry dining,Toom. What was the rock. A The rock thing thrown up against you heard? A 11ryhouse. Yes, loud I don't was throvm. talking f'olloued remember. the I heard sir, and thro~r;ring of' the roclc? loud talking of' sir. talking. So the A Well, three of my house. my attention the loud pieces had been done on XQ XQ to Mr. Ludwig Hirsh 's? sir. XQ Nou, had you heard your is next sir. ing about.I XQ your house Hixsh, before the Lay- �'· ,. • . ' �. ' --59-\ You heard XQ mean after the loud rock XQ After talking before the rock A ·:ms thrown? I was thrown. the rock was thrown you heard loud talking? Yes, A sir. XQ Do you kno 1.v XQ You don I t know? I heard the rock ose voice ',7 thrown it was boys out there because wanted on? A Ho, to see who threw XQ A Yes, You wanted often the loud How did you happen XQ No, sir, A A No, sir, was? I don't I had no idea XQ When you heard \vha t was going it talking know. know, because what. was goin there I don't on. 0 ihen I thought is -that gave you no idea of sir. to come to the door? the rock up asainst to see vrho threw· the Because A I the house. rock against the house? sir. XQ As I understand, where you could as soon as you got see you saw Mox Hirsh to your front and your brother? door Yes, A sir. XQ sidewalk On the right street next on the curb. to the curbing? XQ They were on the sidewalk? XQ Both were on the XQ They had not curb? A Didn I may have been in the XQ or just Rigl1t bl'! the curb. then? of':f the to me that !:lir. but were next sidewalk they Yes, A 11 ere off the to the sidewalk. They gutter. They were right on it? sidewalk, gotten t look A They were on the A on the edge of the walk, ei t11er just off A vrnen I came out of the door he was on the edge of the wa 1k XQ Where was Mrs. nw excitement Isaacs? A I didn I t take any notice in where she was. XQ You didn't take any notice where she was? A No, sir. �If, f • �,., .. .. . 1 .. ' --60-- XQ Then, I understand, saw your brother Mox on the XQ About to strike XQ And you were nearly edge of the And Mox had a :piece XQ sir. wnen you got Yes, A it? in your rront door you Yes, A sidewalk? of Planlc upraised., uith then to the front sir. Yes, A lil-ce that? sir. door? When I got A up to th em I saw that. XQ What we e t11.ey doing to me they XQ them? were togethe like th"'Y were Yes, sir, that Who was doing XQ going, and like saw them? Looked A • Lo0ked. A both going when you first going is what it toget}1er looked the going? when you first to me like. Looked to me like A sa 'l Mox was approaching on hin mostly Mox was approaching on him Bostly they with were the board. with XQ Looked like the board? A my they was your brother were standing XQ How far suppose, looked XQ They A Yes, !llere about He was coming the four street, when you i~irst length feet of that house? like A this. saw them? A I table. a:Part when you :first Ba'17 them? sir. towards each oth-ir, on him? or did No, after A that me down? am not you got to them. Yes. men m0ve close and the ot er advance Aft er he knocked XQ A him and your on the apart to me like still XQ I house? betveen lengthwise were they XQ Then did both one stand your brother. XQ Well, sir, , ir) sir. was Mox coming towards XQ towards Yes, (Yes, talking about A Before A I don't that; I am asking you about before I got to them? know vrhether they advanced after I started MR. CO~RAD: Let her fininh her answer. No, ��.. . ,, --61-- What was the WITi-ESS: My question, XQ door, before Alright. XQ of this is you even stepped and Mox Hirsh? bfother clown on the sidewalk., where were your They were on the curb. A far Hovi when you got to your :f'ront this, apart were they? About the length A table. Were they both XQ other7 A that How far Mox Hirsh aero ss the the on on your rey on the brother. brother? He had A -U))lifted? sidewalk. halfway across the sidewalk? A'tl>out A sicle,;mlk. You had gotterr XQ was advancing were you from him when he had the board Had you gotten half-way or was one advancing Mox was advancing A I was going across XQ still '.7hen I got'l' nearly board uplifted XQ standing LooAed like Lookei XQ the adam, question. about half-vray across the A Yes, sidewalk? sir. Then what precented XQ board while walk? ran you were travelling I got A there the I ran. them? other him with half the of tile side- When the board A Yes, What were you strucl<. with? hand or his v1as up I A It sir. seemed to me with his fist. XQ Vlith his XQ You were not I was struck hand or fist? struck vri tl1, but You cannot XQ Do you I across so quick, XQ You ran in between XQ from striking een them. in bet XQ Mox Hirsh knOYJ A It the ·ri th seemed to me that A I don't board? way. know what I was struck. tell Vli th what you TTere ~truck Vlhich with? hand Mox struck you? A A No, sir. No, sir, do not know. XQ You do not kno·.':" that? XQ What v1as your brother A doing No, sir. while ox was strilcin 0 you? �. ,·i l • �, t _-62-- A I had my b ck tovards XQ You had your back towards XQ Isn't ad.am, that it you rushed out brother? A that him. a fact, was, there sir, No, not? "Hit him, that No, sir, It XQ You did not do that? XQ Did.n' t you is is not A say, Kill it XQ Did you. say anything I is not true? say arw thing did Don't hit 11 It XQ saw looked No, sir, A like kill l1im"? tl1at is not. say that. No, sir, A at all? to your brother A NO, sir, at all? No, A -- like brot11er 1I' towards this give finally Mox. ( ind:Lcating )? in this When I A and I will picture). is not a fa t. that located fell? me the picture (Hands witness it picture? slloi you. I would your brother were where the man in the vere up this And you tell those A All I said at all? A like fell Just about about t11ere. His feet raised brother of Plank up they v,ay and his the jury ,ere two men? Plan.1<. dovm anrt then carried fell out he fell sir. is? head was down this edge of the A Yes, it shirt-sleeves t11at when you f'irst on the XQ And when your brother locates not that. t.rn men are XQ His feet board I did and I had my face uas a piece do that. about XQ that, in the road I will where these A to your true. to your brother to stop your to ask you, Madam, if there sir, 111.J, Lou, Do you know where yo im lying XQ speaking 11 when to my brotlier. hin1 with XQ And that A him, you said not. XQ Did you try ras, is not lP, XQ You did not say anything air, thing either. true That not ~irst Lou, hit A 11 XQ I did the not true. is XQ Yes·, sir. A him? 'l }.1oxhave t11e sidewalk? A out where that He may have or picked sa way. Yes, sir. picture · opped the up another )n~. �•1 I I ¥, I ' •: ... �... ' --63-XQ ·I am not for only asking your you 'iv'ere knockei time I san my discussing d01.11n, do _you? brother laying brother? A No, That 1s a theory No, sir, A in the not until has not been after the on good ter s 1111th your any of the Hir::,hes, you? That is not the question. This is not t e trial of the Hirsh but it is the trial family, of Mox Hirsh. MR. CONRAD: MR. LEE: I simply want to show the relaof the witnosR to the Parties. tion TH~ COJRT: I expect the testimony you had better to the accused. MR. LE.!-::: I want to shoc1 ask a few questions Honor rule t em out exception. I think evidence. f. XQ You married a son of Mr. Ludwig Hirsh? I What is your husband XQ XQ How long has lox Hirsh? A Let's to house-keeping. it been see~ That s name? since f'our years? A Yes, XQ I am going speaking years to ask you if Ar.· Ludwig Hirsl1? is a fact, XQ You have sir. Hirsh. terms to me before 1go last with I went spring. terms for about sir. time you have not been XQ That Yes, you v!ere on speaking He stopped was four Arthur A confine the anirrus. I will and let your so I can ta1ce an thii:i is :Pertine_ t A XQ so you and Mox have not been on speaking f'ather, after sir. I long I am street. XQ You have not been on gooi;i terr. s with have o:f your. You don I t know what happened testimony. You say Mox Hirsh XQ that. it is not also on speaking A too, Yes, is it a f'act that for a terms with Mos Hirsh 's A Yes, sir. sir. not? not been on speaking terms with hin? A Yes,sir. MR. CONRAD: I want to object. MR. LEE:: XQ Uow, don't ans -rer until I thought the Gentleman so, understand. has an opport mi ty ��" --64-- to object. been Isn't it on spealcing also terms a fact that with your for a long brother-in-law, speaking it terms L13on Hirf1h? Hr. Objection; sustained; the accused. XQ Isn't time you have not exception noted for a fact that for a long timt3 you 11~ve not been on your the daughters of l, r. any of iiHie isters-in-law, with Ludr1ig Hirsh? Objection; sustained; the accused. XQ Is it bet'.veen not a f ct that you and all a number of years for I of the Hirsh s have terT"1 1:1ith the not been on speakine; exception been XQ You spoke of going of Hr. Ludvrig Hirsh' twice? A A ·ms only there went towards stable; twice the XQ GoinQ for broth.er hi of fact, roundly? laying A in the t.o our family. XQ Is that XQ Didn't XQ all U.!.) night? go to the then? street For A A Yes, the police. sir. were not you after I wasn't him. abusing was standing he and said Mox and were not After a little You have I saw distance caused 11 enough 11 you said you abuse You '.vent that A I didn't then.? away from him and I went u.9 to hin trouble stable. t}ie in ti1at neighborgood for the police? XQ As a matter my you e;o do1,711there stable. XQ vrnat did you go for you abusing didn't once. What did you go there XQ for in the neighborhood say I went to A I did.n 't stable? Didn I t you. go there I noted V erei XQ To the XQ exception stable trouble, thig and you have f•1mily? do n to the s a±"ter for the relations strained Objection; sustained; tl1e ace sed. I noted to him? him pretty to him? A A That roundly? Yes, sir. said is all I A No, sir. I said, to him. "You h ve caused �.. �.. ' --65- enough trouble He did not XQ pi le to our fa1nily. stri.~e A Didn't you? he strike me on the of lumber? He didn't XQ you a second strike XQ He was close enough time? to strike A you, sir. No, wasn't he? well, A he could. vrnat ans 'Fer did he make? XQ something but I don't You don't XQ brother 1as hit, H~ S!iin. reI!lember l1is ansuer. remember XQ As a matter I don I t remember. A what it did.n I t you that of fact didn't A was? you actually sir. No, night, strike after your Mox Hirsh? Ur. No, A indeed. Are you sure XQ 1rs. XQ your 1 r. husband, Mox Hirsh band Hirsh, and hit that? A A I am sure of that? after you ~ot home that Mox Hirsh 's brother, him with a stick: night, tllat didn't your tell Mr. o 7n hus- him -- MR. COHRAD: I object bet 111e en husband ed. I frankly about that. that. yo1 you had followed dirln I t you tell W'.ny, no I did.n I t tell MR. LEE: of it. ~ because and wife corm:!ru.nication is pri vileg- say you are _ight I did not thinlt withdraw the about question.· I DIRECT EXAUINATIOHRESUUEDBY MR. COHRAD: Q When you v1ent u:p to Mox Hirsh you found your ing tl1en? Q A brother's Vhat is bocty brother's in the when yo body" lying 1 after where was he stand- went up to him just Do you kno'.': ·.•rhere the trees af'ter in the road? MR. HARRIS: Object tion in chief. A road, just that. Where was Mox standing you found your lying and spoKe to him, are to going in f'ront of li into rs. examina- Myers' house? ��--66-- of Q On the west side Q These trees up here A Yes, the sir. side. picture) There Up along either about on the further T11e jury A Yes, Q He was standing picture he had in the was taken on the trees cornerr righthand 1. iddle A Yes, and second. tree or east of 1rs. It sir. there from up at side, in front is saw the trees }yers'. nust -- and Mrs. Myi::rs' have been loolcs to me maybe houAe near the corner. sir. there: what r/':l s he· doing? He turned A around. When you spoke to him about Q of Water street? away. Q and looked corner sir. He was standing This the bet 1een t11e first a little to the are no tre.es here Hert} iR her house A Yes, t} e trees. Q (Exhibiting street. next shov1 you. I will road between Water of German street? A to do in selfdefense? it he say what he had done did io, sir. I don't remember what he said. MR. SIPE: · ago We object. She said a moment she did.n' t knot1 what he said. Q I did mean to ask you this your brother ground been !Vas struck by Mox, either or when he was being carried or render one ~1estion, in the house, any assistance carried did or help while ,rs. he vas there in the house Mox tender Hirsh. his or after services After on the he had in any way t·owards him at all? A I did not see any. Witness v. L. Q You are Q As night told to stand aside. BAUGHER, exam:i,ned by Mr. Conrad for employed watchman? Q And the tannery German street? at the tannery, A Yes, Q On the southeast is A just Yes, I believe? on the A A Yes, sir. sir. corner sir. corner? conl!.onv1ealth: Yes, sir. of Water st eet and ��... . ... --67-- Q well, did you see Mox Hirsh A Yes, was killed? Q the of the Louis Isaacs about opposite stable. did he leave That there? is on V/ater stre t? sir. Yes, WITMESS: said that seen him over A MR. HARRIS: Q w,11, night sir. Where did you see him? ladies'office the Yes, A , sir. He left there and to George Gatewoods. he was going Q Who did he tell that Q Where were you at the spoke A to? it so anyone could. hear it. the tannery yard side, time? you know. A scales he wanted as if Q his Who ,as he t· lking Who was over father, I don't them all ~uat A that I to the street. of tlle scaleS.. this? A He spoke it it. to, his he was talking think. Mr. Leon and Joe, brother, and some others remember which. Q His brother were to hear over on You mean abo tt ·where the are? to when he spoke there or who? come out BY tl1e side WITHESS: Q I was just I hacl just MR. HAM fER: Q Me? Leon and his brother Joe? A I think they t ere. Q And they Q And you tannery? A Q Inside was standing Q were over at the were over Yes, on the stable? other side street at the in the alley there? A I in the alley-way. Then he left? A Yes, sir. MR. HARRIS: What time MR. CONRAD: He did Q of the sir. sir. of' _or below or standing out Yes, A When he l~ft there did he have not any coat did you say tllat was? say. or hat on? A He �f • �,., ' , ... l --68-- didn't have Q Did he leave Q The next I seen,him and I don't any coat leisurely In the alley-way Q The jury streets will better ~ this here? A Yes, Q Bruce has me. sir. perhaps, wit11 a little A Yes, sir. of' German and water from Water to Bruce tl1roug :from Water t11e one that office Gatewood lives? runs goes across A I don't streets? to Bruce behind and the Episcopal Q And in going west it George that, on the corner through runo is up by Gen. Roller's Yes, A two buildinQ"s? clear that Street behind time sir. e tends sir, you? understand one is right A Yes, Q And it A The next baclc of' me, right back behind The tanery say, A He ':vaL~ed pretty or in a hurry? he was in the alley-way explanation. he had aey hat. time you saw 1im where was he? Q Q think the streets. tannery, church? Yes, A the railroad right sir. to where knov where George Gatewood lives. Q Don't you. Well, it :>oes on around by the foundry? A sir. Q This is Bruce street back here street in :front o:f the tannery water German strtJet is another Q A Yes, Q three along tannery And that extends And there is to the corner Yes, A clear still at the Q The Hirsh The livery Q Tne office buildings? (in-icating) no\v, next building? and this throug is and this in building there sir. :from Water to Bruce street? sir. buildings Q here: (indicating) A It another tannel'Y' all stable is stable? is about building, tl1en? running one vraY. on water street? A Yes, Yes, sir. sir. opposite would be near A There A about which one of' these opposite the alley. thre are Yes, ��.·.. . --69-- Which alley? Q ·A This Q That is the first street fro_ that time you sa the A Yes, around over Yes, runs Yes, Q A corner Yes, sir. Q That is not alley? back across the other. Bruce sheds goes? Street and into and curves Bruce street right of the railroad? the m.~in line Bruce from thwards street a Pllblic Well, A street, people He was coming, that trn--ough there,-- can pass through alley it is there, way? not a aruone ,.1ants. Q I left second the railroad where George Gatewood lives. towards A that which goes up through crosses there from back pUblic the sir. A then, street sir. up through and comes th1--ough the bark where Bruce down Water sir. the railroad Q That railroad ) in "lhich you saw Mox Hirsh th~ alley sir, No, (indicating. come to in going y~1 A alley him? Q That is A alley Germ:J.n street? Is Q one here, for Q around . snot the an open alley? It Ptlblic. And you, as in there? was left mtchman, A A Yes, for are No, si:r; their supposed I did not Q ed. hell, did he make to him? he says, st out of that to jump on me and no more than anvvne Q knocked Q to keep people from being asked about hin VThat had happened. ask him. "He came there him -- was not own benefit. ask him anything A Mr. John Branner What reply 11 It sir. Q Now, did you ask him or anybody what had happened? no sir. Brother-in-lallT hell out Did he tell 11 brother-in-law 11, he says, of mine. I knocked 11 1 knock- 11 He said, 11 hell out of would do." had come there of l1im? we11y he said, A · A Yes, and jumped on him and he sir. you what he "knocked hell out of him 11 with? �.. �. ,, .. l • • l --70-A He did not say. Q Did he seem to have any regret Well, Q He didn't Q Did you see this dovrn Water that. let street on that it? wayo Ho, sir. A Mrs. Artlm.r Hirsh, Mox speak come before then - A to her? before a:fterwards coming That was be:fore he went away. he went a.1ay coatless and hatless? A Yes, he got away. Did you hear Q on that vmy? lady, Y-Ju me'1n, before before let and hear I seen har Q sir, no, he didn't A about v1hat he sairl. to her? No, sir. A OROS-F.XAHIUATIOU BY MH. HA: ER: .Mr. Hirsh XQ with him, XQ A ras crying was he not? HO\'l is No, tine you had the conversation Ho, sir. A that? at the ( r. Conrad: He said No, sir 11 11 ). sir. I don't know that it ascertained what time that time o:f night was that? MR. SIPE: has was. been What A 11 ttle bit be:fore dusk --very I don't kno•1 rlhat time. I little. didn 1 t look to see what tine WITNE, S: MR. LEE: It was a little WIT1i1.:SS: It was getting gotten MR. CONRAD: Mr. Baug1er, that Mox Hirsh that was a little uarte that bit after dark ms it, Q day o:f July Hrs. Hirsh? And he died A later Yes, dusk? hadn I t but it dark yet ms just before dusk them vmrds but very :few mimttes. aside. by ,ir. Conrad: was tlle date sir. in that d.usk, A When he spoke to stand MRS. ARTHURHI :tSH, recalled The 29th it you said statement? WITUESStold Q entirely before nig t? that ! r. Isaacs was struck, �I , . f;, I . ' .... �. ' --71-- A After midnight sometime. night? A Yes, Just about 2 o'clock or there- abouts. Q Of that sir -- Q Abont what time of the night occurred Q eight when he ·ms hit? A It Vlhat would be your judgment or nine was between the _our, A o'clock? eight it and nine two or half was it that this whether it 1i1ould be nearer ,-now, exactly, o'clock. It difficulty ei 0 h t o'clock. was after I don't past. what time must have been about taken until 10 o'clock tomorrow TestimonyWEDMESDY MORHL~G, Oct. 6, 1909. Corm:nonwealth resumed as follows: LUP'l10N KAYLOR, examined Dean's Mr. Kaylor, gallery in H r.L'i. onburg? A Yes, in .Mr. wm. sir. Louis Isaacs after he v1as dead? sir. these Q That fractures, is a true Q O:f ti1e injuries Q Where ms the A FU.ltz's Was that second for cmmnonwealth: and stay Yes, A Did you see the bod.Y of Ur. Q for you are a photograpi1er Q Did you make these the by Mr. conrad Q showing between seemed to me. MEMO; Adjournment morning. Q it day, photographs &c.? A Yes, photograph? to his A head? body at the undertaker's of the interior Yes, A sir. Yes, sir. tir.1e you made the photograph? office. do you remember? On Saturday? Q Do you gentle1 A head sir •. Photog:r::rph tal--en on t11e day after Q of his Yes, en want A sir, It he was killed 1as on Saturday. Saturday morning. to ask the vii tness anything? MR. LEE: You just identifiea grapl1 of' the skull? lfit. CONRAD: Yes, or the Photo- sir. While t11e gentleman is on the stand •,e will get him to identify these MR. LEE: �' . •• �T:, . I --72-- two photographs of' &erm1.n street which have been exhibite~ to the JUry. B Y MR. LEE: Q Will you be kind A:re you the photogr~pher sir. at these enough to look who took these t~o photographs, photographs? sir. Q They are pictures an:i the people and Water Q a~ they living street? And they existed there show the houses of Ger1nan street, A are which Yes, correct at that in that immediate locality., sir. representations time, are of the they? A It don't water street? MR. CONRAD: MR. LEE: MR. of' the Hirshes Just the conditions Yes, sir. show anything on corner. I see seve:ral men shown on these pictures -- Mr. Albert there, Mr. Crousehorn there and someboc1Y else the re, and somebody sitting were these men Plac e<i in posith ere. tion at the time the Photog,TaPJ'l. 1,vas taken by aeybooy? COURAD: WITNESS: here sir, the (indicating). Ye~, two were right The man in his shirt-sl and the man to the rigl1 t. MR. HAR.TIS: 'l'he men out MR. COHRAD: WITUESS: Yes, eves in the road? Bir. MR. CONRAD: And these men, !Lr. Arn entrout, crousehorn an:i this man sitting down here, were they in the positions of' arwbocty? Mr. WITUESS: ID , come along MR. GONRAD: position WITUESS: sir; they just happened. and sto1)Ped there. Who Placecl in the WITNESS: two men in Mr. Hajj er. MR. COJRAD: the these road? to Mr. Chas. A. Ham1:1er, one of' co nsel for the prisoner here? Yes, sir. �'. (, ... �--73-- MR.· L:EE: were day after WITHESS: these pictures the homicide? cannot I tell taken you. It the on Wa'3 Saturday. CONRAD: was a mortar-1z>oa;rd roved just before you took the. :picture, or did you see arvthing of the mortar-board there when you got there? MR. There was some lumber lying That is all I noticed. "fITNESS: there. MR. CONRAD: Vas the mortar-board away from there the picture? WI":'!iESS: Witness told don't I trash saw. lying to stand MR_,. BUR"ffiGARD DOVEL, examined just know. there. moved you took before There was some That is all I 3.siri.e. by Mr. conract f'or the Com.r:x>n- wealth: Mrs. Q Dovel, you live here Q Your home is on water Water in Harrisonburg? street -- west water Yes, A street? sir. A west streEt. That Q house is Q is the street located? On water on the corne1" of which Hr. Yes., sir. A beyond You go across that Q Well, is "."lJ1erehe lives and Gerrmn streets home is on West Water street? Q to get the bridge that evening been down in town that A beyonrt sir, Yes, A to your home? on the Ludwig Hirsh' crosses Yes, evening? A Yes, by when this difficulty t e brid~e. the railroad and on sir. ,1r. Isaacs that and your sir, !v'as killed had you I was down on Gernan street. Q Did you pass way A on mv home. Q but occurred? On your way home? tJ:1ere was no trouble A Yes, sir. I passed there going down then. Q About what time do you think it was in the evening when you s ��--74-\ orune back by there I can't and nine; lives? Q were tell Yes, A you the I think. Q Mrs. rs. Well, Loui!':! Isaacs Tutweiler Snell and his at. I remerriber seeing Just Q n~ar tell occurred the right You are Q first A A Yes, sir, them, Yes, Snell jury can't now, in your that ms on tl1e sidewalk just tell m1n way, then between and his you where she was to being Dovel, Mrs. 11ox Hirsh jnst and Louis as I can. you as near and his strike and I thought and ~he jury ther:1 in your something t'10 may have been on the witr:essstand? This A Inquest? and with own waY -- om what occurred? 'flay baby and I hadn't the house, men were right sounded that them. like to the I couldn't is all over there to vards A Well, I gone very She was trying and that look until and also tell. I and I looked edge of the Arthur's sidewalk, rs. And 1'J to go bet:ret:n I heard, he knocl<.ed her back far a rock, and .fr. Hirsh close in the gutter. of separating 11 in your I saw Mr. Isaa:cs and she made one remark him, sir. her. tell the I saace Pas ed fr. kin of Mr. or second. tell them and tell hit Mrs. time • Just .Q wa A There did you see anything Mr. Isaacs someplace; not used ti12e, the first they Ed. talking? !cQUeary? Q You were at the coroner's wife, there sir. A after A I will Isaacs? back of ,·there Mrs. A Yes, and 1 rs. "life? was standing heard in front Bas one? af't r passing just wife rey at all. sir. Q Where were they? is sitting time eight McQUaary. Q what exa,t between Three. Gertrude And Mrs. Q something you r'3member how !!'.any were sitting Do tl1reo, and just A home? way Did you. see any ladies Q Snell on your Hirsh them -- No , you sha' n-'t 11 in the pile of lur.:iber. ��... --75-- dorm in the road. it And with that A Mox Hirsh. Q Who? is That was knocked he gave him a blow of some kind; here look ed. to me lilc e a piece Hr. Isaacs of lun ber of some l<ind, as well as I can remember. I will Q use this photograph Tl1ese ladies were sitting are can you? sitting, These Q along laa.ies there. th:.:!.t yo gentlemen 1 -- You can see the picture have here. wh_ere you f'rom Not so well. A vere sittin ~long 0 some were on the step there (indicating)? Yes, A and some had chairs out on the 1i1alk. Q Mr. and Mrs. Isaacs where betr,een went past where he lived ing)? Yes, A A Yes, How :far up this strike a. Hirsh' and this i7ere some house here ( indicat- sir. Q On the pavement? Q steps They A and Mr::i. Arthur Somewhere betwe m these Q them? way had you walked A I hadn'.t the house? sir. gotten when you heard up to the corner porch here this rock o:f Ur. Hirs11' s yet. Q Had you gotten Hirsh' as :far as this A About near s? the north f_ont I think. corner, o:f Mr. Ludwig Along there someplace. Near Q house? Yes, A Q of the so the north the rock corner srn strike nd of the rock the house And the A That was back Q We spe:1.k there that !,Jicture? s Ludwig Hirsh' of' Mr. of it on that A As soon as you heard you tm·ned south? A around? A I r1as going was from tl1e mrth the Yes, son sir. soutl1. of you? of me. moment of time, Point -- sound of the rock Q that porch sir. Q You had been walking at of this as no~th then, picture? That is there. Mox Hirsh And you turned and Isaacs Can you tell? the pile of lumber. around, and were about what can you indicate on �.. \ '' �.. ' -76-- Q This represents 1 pile They were right A thrown out tbere? Hirsh the little of lumber, trash along in front and stuff of Mrs. Arthur s someplace. someplace Q along in front of Mrs. Arthur Hirsh I A s? Yes, sir. Q Do you know~ about that ether same point was on the upper the other Yes., Q At aey r9.te, s was? at The mortar-board A. was south, yo think, of the lunber? sir. A I stuff was a mortar-board south. side Q The mortar-bo~rd Hirsh or not there house? they were just about sou.th of' Mrs. Arthur (unanswered) Q I believe you said -- were as to the gutter What did you say as to where they A I said Mox Hirsh? or Pavement thatthey I couldn't stood on the edge of the pavement or in the gutter, tell which. Q And you saw Mrs. Arthur Hirsh rush between them? Yes, A sir • .Q And heard her make the rer:1ark that A Yes, Q Now·, at that do you remember seeing time, to hit Mr. Isaacs I did not. Q When you next saw them, lfox and Mr. Isaa he -- Mox -- knocked Mrs. Isaacs A T:~e two men spra Q Both of them? Row him? 0 A out into s, where were they, the street. Both of them; yes, of the road. remark? down in the lumber pile? far out in the road dirl they go? About the center whether Mox Hirsh when she made that A Q hit sir. was making any effort after uyou sha 1 n't sir. A Looked Did the piece -- to me near the hand with ·which you say he 1:ttruck Isaacs thing · ��--77-- have any resemblance to that? Q something that like A \'/el:!.., .sometJ ing, sir. of bo rd. I know nn1ch. Did you Q me like see where he struck he came down on top of his Q When he struck u:pon Isaacs? Well, A Q Dropped Q Fell right right Q Q at did Mox Hirsh Q ers' Yes, And turn Mrs. to Q At the ;,ra lked 1 time Now, about standing board? Just ndica te by. avray? anything l\. i out Well, Hirsh Broth- A No, sir. or look after A None at all. A And then doing fa:r walked him He kind of to Hirsh, t· em at r-;ome distance the tiL'l or as far No, sir, not that making any board, effort t ey were from where he hit hi .. with in the courtroom a:Elll.you the can know. as from you to Mr. Harris, there, v1ith this see any. would you supposa I hardly away. man on the head A I did not lool<.ing at ·!T,,~11, as far up of German and Water him any assistance this Io pick A corner back. at him like. h ir: in any vmy? you were avmy. and went towards Isaacs?· r. fox 3truck Dovel., was Isaacs Q feet. sir. to render looked ani And then Looked A He vr~nt to the corner he knockacl him do 1Vn? Q to strike at the Yes, A Did he go back too, sir. you mean? A He walked A have of him. A Yes, down at his down Wat01" street Q Did Mox try stopped, it ~ ir. d in any way after did dovm in front did he go? corner, liveiy-stable? Q may not. 'That ef'fect in the road, right Looked to stable. He 7ent to the A it of him? do then? In what direction tr e ts? but he d.rop:qed right face-foremost no, sir. A head, dorm in front and went down to the Q him? him on the head to me he went down in a lump -- 0 was a piece A It that? yes, as from here f'9.r. or tho$e to l1here gentle11en Mr. Shaeffer �r • .. �--78-- as from here Q Not as far Might be as far as from here back No, sir. A to Mr. Shaeffer? to where it[r. Ham.mer sits. You mean, here you ere at the tine the blow was struclc. -- Mr. Isaac was hit? MR. HAMMER: Q WITNESS: Yes, sir, it may have been ten or t ve ve feet. MH. H.\~, LEH: Where were you on the street. MR. LEE: I think. she put herself corner. I was near WITNESS: the corner. MR. HA K{: At what point, be no misunclerstanding, the t:Lrne? MR. COiUlAD: so there may ware you at would rather I on the you wouldn't interrupt. THE Mr8. ~ovel, Q har~ thing. which is wa:y It talc.en up near this than the other indicate one. porch. This Hirsh' s house, now on this looks. sometimes corner, so it This picture shoVls the one, as near house, here is looking see, picture. it the one which had been on this Ludwig Hirsh's }{T: You can take the '.71tness ,on cross-examination, a8 to that later. on which way you take depends a thing than indicate co as to the ~icture This shows a little pavement is water your street,and a little larger position. here the bridge. the pile is There Here is their Do you is proper? THE COURr: objection (To front is Arthur Let the witness locate Place. I don't mean you are I think the anything wrong. should Place herself, and did herself or attempted to place before the coroner 1 -s Inquest. CONRAD: Now, of lumber. MR. HAM.MER: 'R. picture larger taJc.,n down at ".the bridge. as you can, is is a right is deceptive. probably down towards and here It think that that, doing witness place herself stat~ment };:,. HaJ.111ner) Are you making to the question? ink o ·.t i~ inproper for } to the witness ��where she was. oo-_·m: Ask her to inclicate whereabOuts on the picture she 1:va.s. MR. LEE: ind.icate Let her with a pencil. MR. CONRAD: I just want you to indicate where you Here. I know where WITUESS: Q Without looking you stood? where A at the said I house. :photograph, I stood I stood. tell near us in your the north COURT: You mean of' Mr. house? own .ray corne of the Ludwig Hirsh Is Mr. Ludwig Hirsh Is house' yes, sir. The north corner of' Mr. Ludwig Hirsh's house close to his porch. WITUESS: Q so there show you is Mr. may be no misunderstanding Ludwig Hirsh' s house? about A this. is This I This the sout .. corner here? Q This this is their or on that Q the south porch. Do is of the side On the north I reckon borhood fro:mt of that corner, !'OU A of the is a that is the :porch there mean you were on this porch? side and this ~ side of I n ean I was on the agon body. the porch sic.le. north Ann do n here porch. -- in the neigh- Don I t look like any -MR. HARRIS: I beg your :fr. Conrad, Pardon, does your Honor t11ink it is necesBa.ry to discuss the hotograph. show her the photograph and let her indicate her position. I on the photograph obiii~ct to that line of examination. MR. COURAD: I will for Q At arw rate, the distance you were on the pavement, at the time Mox struck wood was about the stop. the accommodation you say you were from the place distance you were from Mox and Isaacs him in the head. with n or twelve feet, I was doing 1 t of you gentlemen. the piece I understand you? of board A or something ��! . --80-- THE COUHT: When you passed there and saw Isaacs and his wife on the side,alk, at that t:iJne ancl before you heard tl1e did you see any thing of Mox lick, Hirsh? A Hot at that time; no, sir. COL'RT: What were Isaacs and his wife doing when you saw them, standing still or moving? She •;aB just standing near her husband there some Place. I don't kno'!'r that she was doing anything. HTUESS: c OURT: 1:/a" aruone vii tl1 them? WITNESS: No, sir, I did not see anyone. Mr. Isaacs was standing on the sidewa.lic. COURT: Who was standing on the sidewalk? WITHEss: Mr. Isaacs 1Nas standing on the sidewalk with his baby carriage or c,art. Q He had the baby carriage A Yes, XQ As you were going were you not? A Yes, XQ And as you got alone of him wheeling it? sir. cmoss-EXAMINATI were in front standing were on the they? ).m. LEE: ON BY alone; German street yon were going south, sir. to the point sidewalk wit A I did not XQ You saw noone with 1 where Mr. Isaacs the baby car·riabe see anyone them at all? and his they wire rnre there with them. A I saw no one with them at all. XQ There A ~s no talking No, sir, time you had not I hadn't . Now, you p3.ssed ~outh? on by them and anybody else? No, sir. XQ Up to that A ~oing A Yes, seen Mr. Mox Hirsh at all? seen him at all • them and continued sir. going towards Water �' . �'t' .. ' --81-- I did not. XQ You did not meet him at all? meeting uo, A sir. I don't remember him. XQ You know him, don't you? Yes, A A Yes, Have knovm him -for ~ometiroe? XQ him for sir. sir, have known soroetine. Mr. and Mrs. Isaacs XQ And when you Passed them then? He was not with A He wasn't XQ with XQ Did you speak them tl1en that them that you Baw? he was not with I saw. A No, sir. to them as you past? A I spoke to Mr. Isaacs. You spoke XQ to :Mr. Isaacs and passed by? Bid him the A ti1..e of' evening. XQ You gave him -- egening -XQ something like Did he answer that. you? people I He said A XQ They were the only only Bid him the time of (Interrupting) A people ttGood evening" you saw then? Yes, met Mox Hirsh? hir.i at A No, the sir, corner to rards Water street I don I t remember I did not. you meeting all. XQ You don't meeting 1 was r1hen you got s house XQ A XQ standing remember meeting him at all. A I don't remember him. XQ It Hirsh at Mr. Isaacs? sir. As you vrent t·o mrds XQ A They were the sav1 at the Isaacs. XQ They were the only ones on the sidewalk A to me. that yo heard Which you thought Yes, about the Worth corner something strike to be a rock of a house? and you turned -Ir. Ludwig A Yes,sir. to look back? sir. hen you turned with to reference and looked to that pile back where of lumber were these people vhich you say you �r • \ .. �.' ' --82-- reme ber walk, being near there? the A They were standing utter XQ were they XQ Stanriing near the edge of the somewhere. on the North sirl_e or the so 1th side of the lUI:iber pile. on ti e edge of the XQ Who was standing Mrs. there and Mrs. Arthur Isaacs XQ :Mox, Isaacs, Mrs. then? Isaacs the rock thrown. XQ And they '-'!ere all out there on at around wouldn I A when you turned you heard the roclc any words at all. A I did not know anything any blows b.ad been :no, r:1ir, I don't as you know the fight and looked? t saY vri thout know anything before about it. may have begun before You ro not undertake you to say? A I kno ving. You do not undertake you turned struck That maybe. A You do not know? XQ before know whether around? XQ So far XQ That A all. You don't you turned Hirsh? then before You did not h e:::.r any words? XQ turned I din_n I t hear sir, No, A was Joing Arthur together Do you know what had haiJPened XQ Isaacs, !r. Ye"3, sir. A thrown? Mox Hirsh, A and. Mrs. I heard XQ or edge of the gutter? Hirsh. was after around? curbing around to say whether or not? any blows rrere I wouldn't A struclc say because I do not know. XQ Then at Mr. Ludwig XQ pile, s porch? And these .as near people centeI· you exactlye That A is ~hat were st anding 7as ui tl1i about they I said He was in the tell time you were standing and you say that to me it apart. Hirsh' that that. 'rrere ten 1 10 at the feet from of the road. I do':;n close of by t11e lumber of you? say they were ten me rrhen he struck said corner I said. or 12 feet I didn't north 10 or 12 feet. A Looked feet Isaacs. I can't ��--83-- XQ How :far were they were on the edge o~ the :for yourself' :from you when you :first walk near XQ I am asking Cannot distance? you now? A I don't I don 't A know. as you could Urs. between Dovel, telling how :far you were from them !Vhen the blow was struck you were :from them when you saw them at like at thg_t as well to say, now, for XQ You don't don't know, I don't XQ You mean to say that time 1lrs. Arthur :feet? Yes, A Hirsh sir; order see if' I locate that down, was only And you were properly. I have corner position; you say you were st~nding of' Ludwig XQ A I have That XQ That Hirsh' about porch -- is s porch? P'Ut that is about is or twelve at :feet. the ten or t1:rnlve rigr1t? A Yes, I want to ) This, Madam, sir. Yes, right at the as near that, ade a little on the A at the North sir. about A that cross-mark right 1 standing photoc;raph. I ·oelieve? North. the Yes, (Exhibiting house, is A may be l\o doubt the North corner A I were from you? as much as ten s porc:t1? there is Mr. Ludv1ig Hirsh's of I wouldn't A f'rom where I stoo"1.. this XQ And this can't :from where you were standing was knocked of' Mr. Ludwig Hirsh' XQ In the other? how :far they XQ From where you stood. corner pile? know exactly. Probably I said us and how far the lumber as you could know exactly exactly, the other to say exactly. like What is the di:ffere,nce, you guess You can see A I did not say. was? you a:P:Proximat e -tha t as well A XQ of lumber. A They how :far. XQ How :far do you say that XQ the pile looked? cross-mark -- indicating sidewalk, at at your the North sir. north cornero:f' the porch? a8 I can see. As near as I can remember it or can see. XQ Did you have on your glasses that night? A No, is, �t .. �--84-- can see farther away, ';'lithout XQ I understand tion, A Had:::i.m. I that. glasses, I I can close. situ:1ted in exactly to me with glasse-3, ar:1 can see close than the same Posi- but farther away I c nnot. 0 XQ When you saVI this you recognize could XQ It the iras light all? one ma.n from the did not at the 0 eno tgh to do that, XQ The darkness at to ether crowd all interfere other? Yes, A was it? with ltLuber your sir. Yes, A pile 8ir. recognizing people A No, sir. XQ Then when you looked men see ..10d. to be on the back, edge of the if' I understand you, the curb or in the gutter? two A Yes, sir. XQ Where was Hrs. then Isaacs? A I did not see at A !rs. Isaacs at all. XQ You di~ not XQ Where was bet11een the XQ on the se 1 Mrs. Isaacs rB. Arthur Hirsh? all? A No, sir. She was trying to step two. 'lhen you first sid evralk? saw her had she gotten She was out near A 1)et,.'leBn them or only them and trying to separate them. XQ So far A Mot th!i t I XQ could hand at as you could all, see did Mox have anything in his hand? sav,. you see his only when XQ Did ile d0 that hand? A I don't e knocked her back witl1 his hand? i•emember seeing in the A He did Pile that his of lumber. with his hand. XQ Whicl1 hand did he do that -- whether the right her? anvthing A I did not XQ You don't th? A hands vri th vrhich he clid not I don't know now or left. XQ Did he have touch '!Ti in his see that kno-, whether he had anything he had anything at all. :in his hands or not? ��--85-- I clon' t remember. A hands at Isaacs all until I did not he raised the see him have board in his the board? Mrs. Arthur Af'ter XQ in the jumped road: did they side on the upper -- one side, XQ One vrent around side. XQ I guess the north would be North? And Mr. Mox Hirsh way -That woul ~ the when they finally other Tl1ey got out in .r. Isaacs at t11e s house? sir. side? A Yes, side Mox went A sir. of the side of the it is right. lumber pile lumber pile, met, as you express 1 t, A Well, facing? the A No, sir, opposite of course, Mr. Isaacs over was still t is vray. eide he was facing XQ You mean he was still face and the and that in wi1ich he nru.st have been of southeast. piie? XQ went on Ludwig Hirsh' Yes, south t11e other XQ l!las he facing lumber A be the so t:n side? vras Isaacs kind other south. came around XQ Well, facing side road. side? A A As 1•1ell as I remember direction lower vent on the other XQ so he came around right? the and sir. XQ Mr. Isaacs on the away from },r. That XQ Pile is north. that XQ that 1 iber They in the road. The one furt!1er A Yes, or been knocked you SaY the men went pile, and they met out in the They went out No, sir. A by side? around •1(mt road. lower go side One went arounn the out. the upper his lr. sir. No, A do n, had fallen Hirsh on the lumber do~7n as you may JJut it, out to hit the board? XQ You diri not see him 7hen he got the hands in his in the head. XQ Did you see him ':1hen he got out anything facing facing of the this from the way (indicating). the lumber the street pile? lumber pile? A Yes, sir. A He had ��Did he have his XQ Isaacs XQ Mr. that to,uards did Mr. Mox Hirsh face kind XQ When the XQ And the as I remember A Yes, now. have his other did Mr. Mox Hirsh man had his is face towards XQ Then he would have fallen were standing, know whether wouldn't he yon to blow he had his kind of this he? A I don't I state that know about ~ith XQ at the t ask you about his ig Hirsh' that s p0rch XQ Now, then, you a back That is all you and you at the where you I don't that. backward, ITOUldn't A understand each other. time Mr. Mox Hirsh Well, I said struck he •ras standing northwest. to you and I understood standing on his at Mox's feet. now, Madam, if we clearly the points you, as to the way he was standing back and fell ) back to you? way -- XQ I didn As well A with his head toward1 (Unanswered. A XQ Let us see, the face muld or not. to do that? I understand Well, me. you? up, XQ Then he 'ITOUldhave had to have falled he, A the way he stood. hen he fell, crumpled when A Looked like he went down he fell face? face? have his back towards And the man, XQ met, sir. A He had his you? that they time of' northwest. blow was struck back towards sir. you at the In whic 11 clirection Away from you? XQ face as I can remember, A he had his or his had his A Yes, towardfl you? As near right? XQ face I want. and if yo• to towards say time he was struck? Yes"? A I said 11 He ;,,iras standing were you not? Isaacs he was standing I asked with his he ,as me. time were standing lr. of' the compass. at the north A Yes, was standing A It with his back towards corner of Lud- sir. with looked his like face to ards he was standing �' ' �--37-- with hie face towards me. XQ He was standing be mistaken? face towards you, but you might on l1is back, side or face? sir. did he fall XQ When he fell he went right Lookoo. to me that A be mistaken. with his Yes, A I might down in a pile at Mox's feet. XQ At ox's XQ When he got either A Yes, sir. :feet? one way or the other? XQ Towards He laic. their pile down in that hat? A with his head A his head pointed His Kind of towards towards had to be pointing head south. south water the upper side street? A street. Wat er towards street. XQ His head that water words, is towards 7ater street direction. A I said No, I think that .ri th his street? straight right standing Out tovmrds way, with his rs. man in his to place ead lay: the uhen this s~t this shirt-sleeves otller tio as you sa kind tell it of cat-a-cornered. the wa Myers'. his of -- that of the corner of Looked to me he laid up the street picture again. the like. I will effort on at the point jury if that say to you, was made to Place coat night? side west out where Mr. Isaacs' the head nearer the opposite corner :ras taken man with his I want you to I did not say in the road as the roan. run? head pointing picture south Water street. or towards XQ I want to hand you this Madam, that A cat-a-cornered A His head was towards this head pointing towards with he was laying you were German street. 11th his head XQ NoY, if he was laying the direction 1 and in your direction? XQ Was he laying this Looked to me .vay. XQ In other my was towards feet correctly You understand lay and where his represents t}1e question? �' f �,. ' . --88-- Yes, A You say that sir. XQ When this was placei to picture stand lay; tion as you saw it I want to ask you if He laid that kind a 11 ttle of this b'dt more towards XQ Do you know where That is on the west, XQ That men was nearer XQ How is XQ kre over this the west house struck situayes, wa-y. I think his is? A Yes, sir. head nearer it vrhich of the t\10 A Mr. Isaacs. us what you really bit the nearer. east aero ss German street am he hit sir. I guess. liirs. After Yes, A o~ German street? a fact, A the so~ething; Mr. Isaacs he 1as a little Isn't by ,fr. I sa ac s? Well, of German street? or telling way -- he stood was retreating where his street. Mr. Isaacs, you guessing XQ Exactly. to stand repr·esents more this side side A think to have it? that? A I shoulri A yers' t:iJne Mr. Hirsh to shirt-sleeves were supposed correctly .later ·rs. on the west is XQ At the is feet or not? way -- stood? tlle man in the that night, feet man was placed and the other head laid was taken, where Mr. Isaacs' been when he fell, sir. is where his side, I reckon. that Mr. Mox Hirsh he was being Af'ter him? Mox was more Dovel, that know? f'ollowed he had given the liclc, you mean? XQ No, Madam, I mean before; pile? A No, sir, Mrs. Hirsh hrs. Hirsh? A that lumber of' lumber. Didn't you say Hirsh? .Mrs. XQ No. A XQ I asked it not Hirsh,-- as follo~ed out in the pile was laying XQ I did not ask you about one I mean rhen they· lef't a :fact Mr. I beg your Pardon. you, or I under that after !ox Hirsh Mrs. Hirsh in the road, side fell -- retreated by Mr. Isaacs? he lower took to ask y-_ou, t11is question: A No, sir, in the lumber across I did and one on the upper bo h of them. pile Ger21an street not side say so. and I said and they mP~ ��' . -89-- XQ Well, from the you saw Mr. lumber pile sir, Out over Isa Did he h:3.Ve anything XQ as he Nent across A did you? A Yes, XQ Yes. ox Hirsh the German street street? him. in his A I did not see that hand? he had. XQ Ho is th~t? No, sir, A Do yoa kno,. when he got XQ I don I t know when he got that A Yes, Arthur test 11 II Hirsh t' the You aha 'n 't hit it at not hit to irs. Hav'n't Inquest, didn't Inquest him"? that A you heard No, sir, I didn't pUlled out and XQ Hav'n't time, Arthur Hirsh since blow was struck? against the house? XQ to her since? trouble? at all? to anybody I did A she A No, sir, A I saw her once your A attention Ye , else? have No, sir. A No, anything sir. in his hand before yo correctly, was the strikin the first of t· e rock ir. around irn.rnediately? done. A A not. if I understand And you turned XQ IIlli~ediately? afterwards at all. this XQ Did you see Mr. Mox Hirsh th t attracted I remembererl sr)eak to her. talked Dovel, but any with Mrs. Hirsh XQ Have you tall<ed XQ Mrs. I was just A him." seen her didn' t more than that? the H"'Ve you talked talk XQ thing coroner's coroner's 11 you tell about "You shall I didn't the the dam? think XQ but No, sir, of board. before be~ore say XQ 'lhY didn't said A of board? that. XQ didn't piece I did. sir, XQ Did you state Mrs. that piece XQ Madam, you testified you? he did not. Yes, sir. A That is what I �,,. �. , ' • ' r ..' --90-- XQ And as soon as you turned Hirsh in the A Yes, crowd, with the ott1ers, trying to separate them? sir. XQ After and continued around you saw Mrs. Arthur you had p~ssed where the Isaacs walking, the rock strike? did you contirue A Yes, to walk until together you heard sir. XQ You didn I t make any stop until A Uo, sir; were standing I continued you heard to walk until the rock I heard strike? the rock strike. DIRECT EXAMIHATIOH RESU!ED BY MR. CONRAD: Q Mrs. Dovel, just further av1aY one q estion: at the time you first were they closer sav1 them th~re to you or together at th·e edge of the :pavement, or at the time you saw them out there Mox hit when him in the head with the plank. MR. HARHIS: Object tion in chief. Were they closer Q or further to going into awa:y, I say, Isaacs examina- and Mox I mean, when they were at the edge of the pavement when you turned around hit and saw them, or when you sa him? A I can't hardly tell them in the road where fox you now. Looked to me like it might be the same distance. Q When you spoke of being at the northwest Hirsh porch, do you mean you were right you were out on the pavement further? near the edge o:f the pavement, Q Near the porch? against corner the Porch or that A Well, towards o:f the the year, I think near I stood the porch. A Yes, sir. MR. HARRIS: You were on th~ yard not the street side? MR. LEE: WITl ESS: s11e said. nearer Nearest reme1r)P-.n..---- side and the porch. the porch as well as I �T • �--91-BAUGHER, recalled V. L. .Q_nbeh·:1.lf of' the COU!.lonwealth. Examined by Mr. Conrad. I omi tte1 Q to ask you yesterday: You spoke of this lady coming down water street and making some threat about policemen, before she done that she done that, was it Mox Hirsch that hurriedly left there, a, yo1 de~cribed Mr. Gatewood's? toNards or after gJing yesterday, That was after A for in going the ladY came down tl1ere. Q How long after he pulled It out? was vecy A 'Why, it I believe aPeaking statement until nore than two or t1u..ee mirrutes. with reference reference only in the alley these between to their '.7as mact..eyestero.ay you were asked about ing to? wasn't and made that quick. Q Now, then, alley; she was there one tine. time you saw him where was he com- buildings A He c~me to where I was standing in the to only one time, The first two tannery being at the edge of the street. A He lo~ked around Q What did he do there? and then got back. Q Then he went back in the alley? Q Then what happened? A there Old fr. Hirsch and talked. Did anybody go to him back in there? walked up there. Hirsch came by me and walked back to him. Q Did they come out together? came out first A Yes, sir. and went across A No, sir; to the stable, old Mr. Hirsch and directly Mr. Mox came. Q After A Yes, that interview between them in there ox came out? sir. l,n<i went over f:rom there there where? t t A · citable? He went over to the 1 who ��--92-- he met when he 1•rent to the Q Who all was there? stable. were there? Did they meet in the office? Mr. Hirsch A there that I remember, there was somebody else was there I don't and, I remember; that remember, but I don 1 t remember there. it Who Leon was aP1)ears who it to me was. OROSS-EXAMINATIOH BY HR. LEE: XQ You say Mr. Ludwig while you were question about Yes, A Diet you hear XQ his there? Hirsch sir. Mox Hirsch the came down to where Mox was say to his trouble, father (Jury XQ to which yotr time •in absent) connection with the you heard about thing., what I did exception for the Here the jury retired in order that the witness might anmrer the question, to PLtt in the record what the accused expected to prove. Baugher, previous and place, this fr. to "I had to do what I did"? Objection; sustained.; accused. MEMO: in ansv;er answers not a fact that at the same to Mr. Conrad have referred, of ix. conversation him say, ie it in ansver Mox Hirsch to a question ttI had to do what I did. at that and time from his I couldn't help father doing 11? THE COURT: Answer the question. A Moxie. say, 11 ! When Mr. Hirsch 1alked I didn't understand couldn't help-it. back I heard there what Mr. Hirsch 11 That is all him talking said, but I heard MR. CONRAD: You don't referred to? I heard to Moxie him say. know what that WITNESS: I do not know. MEMO: Q I just Jury returned into want to ask you one question. 'd to yesterday - • ·,.i. which t belfore too or ·1fter court. The conversation e .., John Br nner Mr. Lu.__ · Hirsch had gone ��, ♦ ' r --93-\ back into this all~ and had some conversation Objection;overruled; accused. It A was just with Mox? exception noted for before. CROSS-EXAMINATION RESUMEDBY MR. LEE: How long before, XQ minutes maybe little ani A couldn't sir? more. tell you. Mqybe five I did not take any notice Of' course, of' the time. XQ All af'ter of this conversation he returned.? I don't occurred Not very A long, that know how long he was gone before Witness told to stand A Yes, that returned. he he came in that alley. the night Conrad: Hr. Isaacs was sir. Q What work did you do there, pUmps after of' com1:ionwealth by Mr. Q Were you on duty at the tannery killed? is, a few minutes aside. examined on behalf JOHN BRANNER, within pun1p liquid, br that Mr. Branner? A I ran the mixes it up to pour over the 1 ea ther to tan it. Q How did you f'i:rst trouble Mr. Hir ch's? pat out to the alley the noise learn -- that there A I heard the alley was any difficulty a little or r.oise and went out tor:8..rrls tj1e street-- to see what was. Q Did see anything YOU I did not. I just of' Hirsch? {OX A seen a crowd going up towards Not at that time the corner. , Q Where was the noise? of' on German street. Hirsch's talking ~e stable -- what I f'irst is something 'q_ t kind ~ The noise BUt the first one to another. saying A I heard was QUt about Mr. heard -- heard right Seemed to be right smart smart distance a,:ray, to the other. of' noise heard seemed to be up sort vras this at German street somebody hollar but I dort 3 ~ that vrho you it was, ��f • --94-- whether a man or a woman, but was working present very it was very time, had all I heard still. somebody hollar. I was laying the machinery toned out some belts at down and everything the was quiet. Q Did you see Mrs. Arthur street ani made some reference A Yes, Hirsch when she came down water to having Mox Hirsch V/ITUESS: You heard Yes, her I wish you would state A When she came down the to the Jury street to have him arrested, and she said your 1t off for now, or you will a few steps don't you. get then, to her, of your face off. she said to locate to her? him she was going ttsomebody will knock go on av.ray, go on away.u She made "Go on away, now; if you He came on up towards 1t and she went up towards MR. LEE: if tI'Jling "You better him, and he said, smack Part stable, she told Better say that. what Mox said to him, in trouble. on towards I will He said her she said, MR. CONRAD: I was only the time. Q say that? I heard sir, MR. SIPE: Ask what anything. face arrested? sir. MR. HAR.~Is: the Where I the We don't corner think. of German street. that is relevant and move the court to strike out that testimony of the witness. Motion over~uled and exception noted for the accused. Q on his Now, did you see Mox Hirsch Part Q leave as to where he was going tas it bef'ore and he had had this or after about there, with this same time? Mrs. A:rthur Hirsch conversation any statement A Yes' Si't". had come there with her? A Just leisurely or hurriedly? a few mirru.tes after. Q Wbdn he left 1 did he leave ong tolerably pert up to the A Well, corner. -. ·- ~+.i~A ·ifnether he hac~ any coat o.,_ on? A He �r, l �--95-- had neither coat nor hat on. Q Did you see him afterwards A Yes, Q BY the way, did you hear the stable where he was going where to George time; street when he left he was going? sir. A at I didn't Lives A over on the corner of Bruce to the railroad. A Yes, sir. Q Is that Place comes in there Yes, Q A:£e there of the of Bruce where he lives from the Valley A Q Is Yes, Said he was A George Gatewood lives? Q That would be on the corner sides A at I do now. close road? t1 ere? over Gatewood's. Where does he live? Q him say to the people did he state Q Do you know where that abo t the tannery? sir. Q Well, going at any Place street opposite Railroad and the rail- switch to where the into the bark sheds? sir. bark sritch it sheds right track? Well, A back in there dark close to that yes, between point on both sir. those sheds? uot so A very. Q Well, are how high something about Is there Q bark are those as high sheds? as this in them? A we 11, I suppose A they ceiling. In Part of them -- just Part of them. Q Well, Bruce street if a man was at and was coming back coming back to tl1e stable, public ...nd tnat way for where the railroad to ,1r. Ludwig Hirsch's, A To come right around crosse or even what would be the most direct, him to come? come around place open and the corner German street. ·0u mean, to come to the corner n German 3treet? there at Bruce street and A ,wn German stt>"eet this l' aY 1 you ,,.et ~ ��--96-- A Yes, Water street? Q And right do"i1nViater that on that Street corner When you next end there Q and sir, way. and the old building side house, Yes, A street A He had come in the alley He came in the far North way? saw him was he on fater he ~ome from? building Mr. Ludwig Hirsch's is would be the most public would be the most pUblic Q had sir. that runs of' the alley , or vhere bet 'Jeen the new along beside German street. and came to this end,-- the where we were standing. You saw him at the north end of the allay? Yes, sir. A Q What did he do when he came out to the mouth of the alley? A Just looked. out anQ stepped Q He looked a little out and stepped back. back? Yes, A sir; walked back ways. Q Who was with you at the ti~e? Q The gentlemen who was just A on the Mr. "Bob" Baugher. itnessstand? A Yes, sir; Mr. V. L. Baugher. Q You were standing ing out near been built Q on the line standing just probably understand (indicating). and this and Baugher outside on. I could arrangement up here the line, time? of' the building it Say,this a lit":.le represents up through line Stand- A which had A standing better by tl1is Water street coming which he came; were you in the mouth of this building? at that on the edge of the line. was the alley standing of this out in the alley alley right or just on the in the mouth of the alley. Q Right here Q in the mouth of the alley? And he came out tl1ere and, you say, A Yes, sir. looked around? A Yes, ir. Did he call to anvbody? A No, sir, never spoke to a soul. A No, sir; never �I �--97-- spoke to him. Q Did you hear him make any statement r ef er enc e to this Q Well, dif'fucul ty? at that A No, sir. did you have any conversation A I did a:rter Q After he came out of the alley to be the greatest with he had come out of the alley Q What was that conversation? trouble time ~ith hi □ there. entirely. entirely? A at all Yes, A sir. I asked him what seemed -MR. HARRIS: You asked him what? MR. "Asked him what seemed to the greatest trouble." CONRAD: be WITNESS: Asked him what seemed to be the greatest trouble. Q greatest We11, go ahead. trouble, A I just asked him what seemed to be his when he came out of' the alley. THE COURT: What diQ he say? A He said he knocked hell along just up the street and his knocked hell out of his Q Did he,after alley? A Yes, he came~ jumped on him and he other any he came out of this did he go back in that brother-in-law; brother-in-lau out of' him, like speak louder. man would have QOne. alley sir, and looked around, he walked back in there a good piece. Q Did anybodY follow he went on in there Q Did they Q Q and tal ed Which carne out first? That A No, sir. fr. Hirsch, A is Mox's father? Old man Hirsch,-- A to him. come out together? Q When Mox aame out towards him back in there? A he came out first. Yes, sir. ~here did he go? A He went on over the stable. ON BY MR. LEE: CROSS-EXAMIMATI XQ ir. Branner, ··-... Mox Hirsch did you hear ar)d his aeything father? A o'f the no, sir. conversation ��-98-XQ You did not hear You say, XQ been he said along the when you asked that his is A all he said .Vitness Q Mr. you live here Q A:re you acquainted before Lou Isaacs to any ill what to the jury it feeling was he said? between the way it Q ~tll was said Those words Isaacs ever him? with I can't -- betvmen them, existence of ill- occasions I would the would kill 11 and I alv:ays sooner I Perhaps On several is Mr. Isaacs he and, if so, sometime that occasions ever Who was it said my, or words to that that? occurred •ake auc11 exprestlion or wouldn't there have in nw way," gets expression him. sir. expression or of words,- 11 were us·ed by whom? Who do you mean said got in his vou say that I thought recall give especially, because just that :Ias the Yes, A or occasion, Mr. Isaacs, 1 sir. Railroad? Hirsch? Mox Hirsch place them. made "That some way or other, southern And on several in one certain the time some remarks against Yes, A on any occasions I know there "IOUld be a clash want to be at if part to see them together there the you heard of' them. them together, dreaded whether A both with .'!i th Maximilian on his sir • of aomr.nonwealth by Mr. Conrad: 1 "as killed, feeling Yes, in Harrisonburg? do you hold Machinist. as any other aside. on behalf A out of him, A to stand examined S';)iro, had sir. MORRIS SPIRO, Q state been hell trouble on him as he came had jwnPed to you? told Q What position later Yes, No, sir. A him what the greatest brother-in-law man would have done? meet at all? and he had knocked street XQ That any of it effect, that he would A Mr. Mox Hirsh. on more than as that? one occasion, >- Yes, sir, that Perhaps you two ��--99-- or three Oan you state Q th~t ho, I do not recall times. ox Hirsch lon 6 it about made this has been together the back the second like that. Q T A Yes, second or three •10 sir. two or three Mox Hirsch lr. It has been and his since I don't fr. recollect Isaacs the :perha:ps less was killed wife months-- whether came something was killed, tirae, tirle-- v11:fe came back Mox. Hirsch's has been two or three months be:fore months, Isaacs Mr. Do you remenb er the A st· tement? tiroei It exactly. how long before since time. the times you. mean? it has been t~1an that. ORBSS-EXAMINATION BY MH. LEE: XQ Mr. Mr. Isaacs XQ XQ you say th~re and Mr. Mox Hirsch? One had just Vlell, A SPiro, It A I can't tell t·1at. seemed to be so, each other. kno ·: that. I don't You say that use XQ wife of' that Do you recall circumstances: presence on several expressions that that that it and threatened occurred, and that then that he used one of' these about it. reported it a fact. occasions that the that Mox about you saw that and that A Mr. Mox A Yes, sir. grew out o:f these ,.ox Hirsch out; threats? w s towards Mr. Isaacs? to Hr. you told to :Mox Hirsch 'a.ts? about tongue they? I know they you have heard had 3ur:1ped across to drag her Well, A kno:1 how rauch it one of those when that XQ Isn't sort didn't lcnow. occasions was reported Mr. Isaacs as the other, not? I don't bet·ween sir. I don't did it ter. s. Hirsch Yes, as much animosity were not on s:Peaking XQ see ed to be animosity counter in your at Mox Hirsch's you were present it and that I did not tell occurrence it was then it Mox and that that was you he made � https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_005_145-commonwealth-v-m-hirsh-part-2-of-3.pdf 6ddd60f858e9f9977e1aa97d3eccdb42 PDF Text Text .,... �.. ' --100-'· MR. cairn.An: I obj Bet to that question. You can ask him '.'Th t brou~ht out tl1a t threat; what c:aus~:Kl 11im to IIl3.ke the threat at t.J1e time you sPeak of'• THE COURT: WITUEss: I don't knOY! what _use:t it. I kno one circumstance. The case was this: 1rs. !ox Hirsch was sitti gin t11e office o:r ,1r. Abel Miller's store. I came in and I said 11Emrua, that makes 11 you look so disheartened? "Oh," sl1e says, "I 11a.ve been mistreated." I mid, "In what way? 11 she says, 11In several I says, ways, 11 by her husband.. 11Do yon know a certain obligation that llas taken pl ce bet '1Ce1 you and your husband that you h~ve to live up to, ann. you both :prom s~l i e to rio certain things, and :perhaps it will be in my power to eorrect these things and make you f'eel better than 11Damn the yo t do. 11 She said, Hil'·sch farilY• I wouldn't bleave tl1em on oath. XQ Who was it wife. My Isaacs perhaps between said, "Don't y wif'e is -- fron you never 11ill smash your jt the me and her, a Hirsch he didn't A that? . as in tl1e stoi"e, ten feet place said 11 pla :perhaps e where repeat anything that counter against u:p for mouth or knock your the six Mox Hirsch's or seven feet conversation -took and he jumped u:p and sairl. to her, and I am taking p over Emma Hirsch,-- Mrs. teeth her, the Hirsch he f'amily. and if you do I down your f'or he vms on the throat." But sicle of the sane counter. XQ That is what Mr. Isaacs A Yes, XQ present ch? to Mr. Mox Hirsch's 1i1ife? sir. XQ And when that use of this said threat Oh, I you spoke of? thought when what 11as reported you did. you have A No, sir; no, just to :Mr. Mox Hirsch A· I don't Didn't sir. WITUESS to.1.1. to st~nd aside. 1 made know that. you hear described he then that: iere you 1as re_portff1_ to Mr. i1ox �" t �I • -101-- A. M. LOEWE , examined Q 1'r. A Yes, Mox Hirsch here Your associations they? all with Yes, A of' his I su:ppose? lif'e, of' your Pretty A have you? lif'e, Did. you, on the at any place him have been more or less .,. saw him most every sir; Q He is of the Jewish faith night Ur. Isaacs in Harrisonburg A sir. Yes, was killed, Ur. Isaacs after intimate, day. and so are you? that see Hox had been hit? sir. A Yes, Q Where did you se<.; him? on Bruce all sir. nruch; yes, Hirsch in Harrisonb1.tre? sir. Q You have lived Q here sir. A Yes, have cornr..1onwealth by Mr. con:ra<i.: you are a merchant Loewner, Q You have knorn Q f'or the street crossing, I saw him do1n the railroad A near the bark-sheds -- right at the bark- sheds. Q H9w were you travelling? cream in a carTiage, going Q In that Q It vms at or Gerr.ian street? Q At that A as clelivering I some ice- 01t German street. vagon of' yours or bl:1.3: 0 of' yours? A Buggy -- aurnr. west the hollared there side al·l. after of Bruce I l1ad 0 ot ten t, ~ns of'f to the railroad tlle lef't that sir. Yes, A street? A ·of him before you got crosses sir. is a S"ritch Did you see anything or not until h irn at Yes, the bark-sheds? Q On the south road ,:1here Bruce street A point goes aro· nd into Q point Yes, you crosse' across? A No, sir, ju, t rio-ht on the railroad si1•. t .. e rRil- I didn't see when son eone to ma to stop. Q Well, did you find f__r_om .when he appraac!!ed ·· it to be A fox Hirsch: I could.n I 1 ere did he come t exactly tell you, but �,. �--102-- he was coming towards the time he cqlled the bark-sheds; I don't know, Q 20 or 25 feet did he come o t of the exactly, which side Or on the main track and the Q S'7i tch, is of the Q He was near He called Q Well, railroad? ay tell fight the Jury to harcl licic or tell right around could rence. and I went over struck two. point? Betw·een the main you say? Yes, ir. A Yes, sir. A sheds? Yes, A sir. to you at what he said. him with A I that and bring out of the buggy. time come over here that her home. He I want and he says, a board Ul) I had a couple 11 there, going Wa9 ct WJ wife Hi th me, and. he says, and I When he calloo. sir. ca~e out and asked me to get a minute," the end of the bark to my father-in-law's children A Well, svritch? A dic1 he make any statement Yes, A goes somewhere. to that to you to stop, sir, or request? Q Just the close that that he cane f'rom,- or thereabout The bark-shed Q s;vitch did he coite out from near to me, why, I would t11ink he was betv,een track away f'rom me at me to stop. I mean by that, Q into me, probably to see you a Lou and I had 11 and I think hit I of him a :pretty and I wish you ·would go baclc and see how bad he is hurt, Joe or Leon or some of the boys w11e , I am anct. to come down away that I want to see them. and car.1e baclc and looked be of ~ome service. I sa':l the I delivered the message I in the I didn't excitement 11 but told I WOlld I him house -- that. though knou anything couldn't turned I probably about the be of any service, and went oh up for my I occurand wife. OR0SS-EXA1 INATION 3Y l R. LEE: XQ Did you see Mox Hirsch XQ Where? after ten o'clock street and they now, on the door any more that I was going A clown the street and I saw him and his sat down there then brother where the night? · A Yes, probably sir. a little coming up water Colonial Office is step. On the corr.e1-- of .Main and Water streets? MR. HARriIS: �t �--103-- WITNESS: Yes, sir. MR. HARRIS: On the corner next to the First National Bank corner from her? WITNESS: XQ Th~t is XQ They a very w,.re sitting 10 o'clock about public that is it? street, on that night? sir. Yes, corner Yes, A of_ the sir Sil'. street talking a little -- MR. CONRAD: A little WITNESS: Yes, Yes, A after. after? sir. CROSS-EXAMINATIONRESIDl1ED HY MR. CONRAD: Q You say Mox said o t"' your buggy? XQ Yes, A You left Yes, Q He did not A No, sir. then an:i talked sir ancl Jent off to the I had the to hear was wrong. He called side there? to him. come o-r..1tto where you were, the children out sir. t e street A Did you get to you »come over here?" children out on the and I supposed he didn't I didn't what was said,probably. street? mnt know what m anrl I crot out of tl'lle carriage and went over where he was. Q There is A Yes, sit; Q That is a light somewhere an arc-light not an arc-light Isaacs was killed A I saw a board the very I think. there, by Mr. Conrad for these similar not? A An incandes- aside. did you see this and observe iR there on the railroad? to skmd R. LEE WOODSON,examined Mr. wood.son, there, on the corner WITHESS tolrl Q close board spots to that, here the Com_.onweal th: the night which appear sir. I take Lou on.it tJ1at here? to be same board. Q The board that was a:ftervraros delivered to Mr. crousehorn? �• �;, J • --104-- iere Q these spots of blood on there that ni~ht? or a board like that, I think A so, sir. Did you see this Q road got there there close after similar to Mr. board, lying ri[;ht down. When I got there A Yes, down? close Hirsh Mr. in the head when kKXNoc~xkN~~kE~ ~~ you Isaacs's he was knocked to that lying to his I saw a board sir, body. He was not had him up in a sort lying of sitting position. V{nich :Mr. Hirsh? Q sort of si ttin"' close to his lying or down to?~rdR tell up to,ard his feet? 10uld probably you that Q where but the board the head of the I th ink A been vas lying a little body had been he had been lying if closer to his as you can see by appearance rxl>ard)? It there, straight I can't head. exactly. Aq f'ar (exhibiting Q when I got position had him up in a boay. Q Was it out, it A Mr. Ludwig Hirsch A Yes, the board was like this sir. had the a:r>:Jearance of that board? A Had the appearance of th1. t board. Q That I judge six is an oak board about six inches wide? A Something Yes, A s:ix. inches. Q AnQ about fifteen inches long? like ~ifteen incl1es. Q Is it a heavy board? A Yes, it is tole THE COURT: What is the ~ble heavy. thickness of it? WITUESS: I suppose about an inch inch. Probably an inch. Q air, You did not down? You didn't A Q difficulty betvreen these men? A No, see it. I didn't Q see the scant No, sir, Until after get up t_iere I clirl" 't M.r. Isaacs get until there a:fter the man had been knocked unti.l vas knocl-::ed down? A No, sir, tl1e ��r • --105-- difficulty was vtrtu9.lly over. street? it How far is XQ Is ie your scene or eighty 1 t in XQ On the A where from the seventy-five place yards. or o there. something lllce opposite do yo on German A A Ye~, the sidl'3 of rihc...t, of businesg fight? of tl1is the same square? same side Opposite 1hen I got iINATION BY MR. LEE: CROSS-EXA XQ Mr. Woodson, wai=iover It Well, I ex~ect that, I judge. sir, in the same square. side of the street? mean? XQ Of German street,- c OJiHAD: :MB.. Opposite fro Ludwig Hirsch's o· se. XQ Pro1.1 Lnr...,i~ XQ It a little is a little nort}1 of' the XQ Did yo did, sir. A 's. North see any of this the Junr exactly 1 1 t say t.ha t I I could tell , ome loud Well, A I could them what I saw. talking and heard. sor:ie- you kno1; '."!hat tha · means. omeone ·rho war:: enga 0 e<'l in that row -- A I expression. XQ Say XQ That You son-o:f-a-b", nas up in the see peo le '.7ho they you heard 11 road .. here that? the fight A I could distingui~h :ind A I heard was going objects that; You on. but co ldn't ·mre. XQ Bnt you heard that XQ You v:ent up t ere of the. injured A I heard expression? very XQ And v;hen you got there hea A Yes,sir, it? A I co 1ld: fig1t? than You damn son-o.r-a-b" hearcl tn.a ---- isn't what you ciiCLsee.o 11 XQ Yon <lid hear tell bridge, bridge. A I could side. of the th ~m what I he rd better one say Opposite I h ea.rd. tJ. e comr.!otion. XQ Tell tell Hi.rec man in his f'oon? A \1 ent i.r. Ludwig Hirsch la:P? that. ex:pression. quickly. 10."' A He had him i holdin~ a sitting the �' ' " :t �--106-- :position. X.Q You could. not A No, sh', been used? be mistaken about I could not. MR. CONRAD: ex:pression I sir, I conlrin 't state that. t recognize the voice. came from some one in that-melee? XQ It having As to whether the e:x:pression you heard used came from either of these two men, Mr. Woodson, are you able to otate that? WITlJESS: no, I couldn in that that A In that trouble,-- mix-up. Were_there more people than Uox Hirsch and Lou Isaacs, people on the sidewalk? MR. CONRAD: WI'xUESS: all there -- Mox had gone by t·he time there? MR. CONRAD: got WITNESS: that at I d_id not see Mr. :Mox Hirsch v1hen I got there Yes, night sir. I d.id not at all. SCfl you hin You do not mean to convey the idea to the Jury that the only people up there in that direction from where you vrnre were those two men? MR.· CONRAD: No, sir, there were other people t11ere. But I did not see lsox when I got there. Oh, yes, there were other people there when I got there. WITNESS: XQ When you looked you heard seemed the loud to be out lH-: e to talking in· the before and the street? you went there, expression A used., I uould.n 't tell whe~ ho11 rriany people you. I wouldn't say. XQ Were there There up there, mig:it more than have been~ two or three? I wouldn't like A I aouldn 't to make that- say. statement. l,m. CO:NRAD: And the expression corni1 g f:rom up there might you heard as 1.11/'ell have been from somebody on the side of those men in walk as f'rom either the road? Of course it could have come from so·,eone else: -- :from somebody else. WITNESS: ��D. ~. CROUSEHORN, examined. on behalf of Co~onwealth by J,ir. Conrad: Mr. crousehorn, Q did you have lvox Hirsch Lou Isaaca char.:;;e in any :my on the nigh+. that he 11ad killed about duty half-past at fo then on until residence, was killed, up there the watch or after next morning one of the policer.:en and kept or in who as on ox Hirsch over from daylight. Q In keeping A Part side I relieved lr. the Hirsch I was called A Isaacs? in custody watch were you in th.e same room with him? of the time of the door I nas. in the hall Part of the tine 6 on a chair sittin I was just just out- outside of the doo1~. Q upstairs '/here v1a<:Jhe? north In what room v,as he? room next to the street He ': as in the A o:f the Ludwig Hirsch resi- dence. f:"t ho,.,e, Q That \7as his fat 1er' Q That is room next A Yes, sir. Q Next "'o Arthur Q Where vms lvlr. Isaacs home. of that double the house to the street, house, then? Hirsh's next room? to the WI'i'NE, Q Do you know uhether or not? there and slept tl1e first Q to his A Yes, for at sir, an hour one to wake up. Diu There v,i thclrav7 that Witness told si1•. in the is he was sleeping or more af'ter question both one house to stand room between. I got there. 11ent Leon :vas in bed asleep. to you at the present. a side. Mox Hirsch when I first that man; I rean,whether for south away, I believe? any time you were there ck this father's upstairs? Yes, Three doors They were 7llen he str you say, A his sir, downstairs. ,iox Hi::rsch make any statement condition I will street s: Yes, A They rrere A RAlLElC l'R. slept, as it? tine as or not - ��--108-CROOMER, examined JENNIE on bel1al:f of' the Coml!ionwealth by Mr. Conrad: Q Your naine is Jennie Virginia oroomer? A uo, sir. My name is on the daY he was killed.? Huffman. Q Were you at Mr. Isaacs's sir. A Yes, Q Did you have to nurse during it in any the house 'laY that I wasn't day. of Mrs. Isaacs charge A Yes, day? there 1:rs. Isaacs' 's baby, or help I nursed sir, as any rn.trse. it I was there some as a hired-girl. Whether Q were helping it was as nurse ith the child, or as hired-girl taking Q Did you see anything that one, you Yes, A afternoon sir. while A Not in the afternoon. care late when I saw him. Q Was it before of it? of Mox Hirsch had the baby taking in the evening care either of' it? or after supper? A Well, I can't you It was hardly tell. Well, Q after supper to the child it in the evening. was late I do not care. Whether Did Mox say anything or to Mr. Isaacs and his Question COllitT: wife objected at that 1 t was before with or ref'erer..ce tirae? to. Where ',·ms that anti. hen was it? MR. CONRAD: It 't'la8 late in the afternoon of the daY that r. Isaacs v;as killed, and calls f'or a statement made by him or an eA'1'.)r,ssion used by him to this woman, or in her presence, rranifesting or exhibiting his feeling towards Mr. Isaacs. She can answer. f'or the accus • COURT: Q the truth wouldn't state what he said. about tell it,-That a story A Well, as near as I can tell is what I me~n to tell on a dead man,-- Exception this is all you, because noted you I I lcnow of it. It �., �--109-- was late in the his authorized wife do porch ti.rn.e I was in the rode passed 11t you never, "Don't again me'tJncle' set Look at do-::-n there their the horse baby either. the baby for Vii tness Mr. ArtY -i. McCRARRY, Uncle as long ox is "Miriam, on. 11 any use for Very well, the liox, you 11 sister He said, ever call as you live, I said, 11 what your told the child, for I hav 1 n't damn bra.t, to that Object l RS. your that to Anc'Lduring so. so l r. Hox Hirsch was crying. and I said you do, whatever so I did house. child and baby in Mr. Hirsch's her little on a horse or the ough n 't, scorn at I !3aacs came home to supper swing the tl1e house cry! when kr. me to take on the front swing, the evening does". to anmver and moved to strike motion overruled and exception the ac·::msed. to stand a side. examined on behalf out; for of comr.ionweal th by Conrad: Q Mrs. Mrs. Isaacs were you at Ars. UcOrarry, was killed there Snell's Ed. the night that the road. on Gerrnan street? in A Yes, sir. Q You were just Q How many ladies Snell, Mrs. Gert~de on the street Q there were there, TUtweiler and Mrs. Snell You and Mrs. Snell was sitting on the visiting Q A A Yes, chair I A Yes, sir. Mrs. Ed. A ms sitting on a chair too. were sitting steps? Towards Mrs. McCrarry? and Lrwself. uas, Q Was the back of your the house? in the evening? on chairs and !rs. Tutweiler sir. towards the bridge or towards the house. 1bich wayt,ere you facing? A Across the street,-- to the West I suppose. Q air, Di 11 you ha.ve any of your children along with you? A Yes, �I l �f • --110-- Q V/ere there A Yes, who they anv other sir, there children were some children difficulty; on the pavement? but I don't there your attention there looking the street to the you heard just street Well, and I saw Mr. before Yes, A or knew -A difficulty? the up by there BU.reguard Dovel? Hrs. Q What was the ~irst remember the time sir. what first I was just Mox Hirsch attracted sitting come down -- I didn't MR. HARRIS: that? A (Continuing) Mrs. there were. Q Did you see Mrs. Dovel pass of this }Jlaying Isaacs I said I was sitting walk up the street, an l I sa that; catc~ there and I sa Mox Hirsch Hr. how is Mr. and when they met him. Q Then, tell just what took place Mox coming down the and I noticed street Emma (Mr.s. Isaacs) spoke away and was about to ask Hrs. made up. my eyes up and saw their at tholll there in front of tl1e Hirsch a question and saw And then were fighting I said, met that nu eyes as to when they I glanced ask her. I looked and my baby was uP are fighting they nw baby and jun1ped up and went to get and I street Tl1en I turned and I didn't house. up ti~e them when they were on bad terms. arms going taking and I saw what happened. Q Did you hear the house? A Q Was that while Snell Then I saw they nw baby is there, never to 1iox Hirsch. I knew they again. my A I saw them going up the to ask you questions. had without Yes, anything Q Yes, sir. house you ran up there I was going up there Aft er you left the like a rock striking sir. before Q strike I heard your chair for the the it hit~house. and started child? A It rras to go u:p there? �f • , . �I • -J.11- Q ...orner Which house diet it A Arthur strike? Hirsch's house -- the of' it. Q Did you see the It did not. sounded rock like fall it hit on the the pavement? corner Ho, sir, A of the house close I to me. Q Did it like it did; hit the house yes, child blow? Q the blo. and starte~ step. to me that, after you got the sound Did you hear A Yes, sir. At that time where i,·rnre you? Did you look I hadn't sounded A or not? or any blow after from them? and was going up Mrs. Q force sir. Q Did you hear your ~ith Snell's steps as I heard Q \v'hat did Q Who? A I suppose Q About \7hat place eot my baby it. A Mot until around. then? got inside A I had just of the I got on the top when I looked. you see th en? A I hin S:WT Mr. I aaacs. I sa lyin~ out in the road. so!! eone lying 'l in the road. straight up in that in the middle pile A Yes, You hao. been of the road sitting sitting the back of :mvchair right out from the about here (indicating between that step to the Q You were Q With the rocking-c11air Q When you went the Pavement? Hirsh across in tlle I·oad -- from that, pile of lumber? sir. A I had been Arthur of lumber He was laying A of tl1e road., Q In the middle Q in the road was he? I si ttine U!J and this side back against for your child of the ~teps? the house? there with the baby jus~ (indicating)? A A Yes,sir. Yes,sir. you went up to uh ere on there (indicating) s house? about corner, wall. on the north A I caught on photograph)? A Yes, sir. at �. ' �• t --112-- And it ~ that point was betileen that the the rock hit time I got to the corner Q The double hit the other time you were goi1g the house? of' this A Yes, the tine you got men or on your I said, me. towards The lick looked at sounded the like it were your hit rocking-chair I was looking all. at the house ghe kind tro the child. to run a'ffay :from saw she was going I here on these eyes ere, " and she started them at When the rock from your child No, sir, A ;"--.,__1__..::._ come never from me. to your child? ____ I about house. Q Now, from the time you started until sir, to ho se here. A YeR, sir. house? from here to run and ran of' screamed me. And you grabbed Q her -- Yes, A and ran on do sir, 111 the etr eet. As soon as you grabbed ner your Q And you got up on this door-waY, Q A Yes, point Q Point the man was laying in this A He was laying the these men? sir. saw where yo ba k ':! s to,vard.s picture you sa,y, and f'roIB that in the to the place in the middle of' the road? A Yes, sir. where he was laying? road, straight out f'roru lumber. Q Right out A Yes, Q Did you from the sir; that hLm at all after the way it see anything in the road, lying is lm:iber pile, in the middle looked of' Mox Hirsch or where he had gone? he got Q Did you go out A No, sir. off into of the of' tP.e road? to IBe. when yo l saw this A No, sir, man I never sa sidewalk. the roact ·v11ere the bodY was lying? CROSS-EX.Al IUATIOH BY XQ Did you see Hr. Mox Hirsch R. LEE: .hen he ·...,-as fi1,st addressed by ��--113- his sister, Mrs. A Yes, Isa1.cs? XQ Did you hear ~hat atd to him? he Do you know r:1ether XQ sir. he made any reply 1 XQ You did not hear? XQ Did yo hear she said? No, sir. A any of the XQ You say the next Yes, A XQ You yo· t;:lll could not? At what gotten the off you first sav.r their she cro8sed lw.ber pile right say that particularly Arthur I did. Hirsch ry ra1. out XQ (Continuing) werr; they all It to me that looked XQ It A Yes, come out? the street in fro vere· right ff in the gutter -- No; just A they t of roe. there toget11er had. ju.st. as t ey went overt They were all were all huddled sir. e lu.~ber pile? A together. I rmsn't No, in a heap or huddle -- And l rs. A to them. Hirsch Mrs. in the looked A Yes, pile? at them. looking You say th XQ Hirsch sidewalk. the Did you see then can't No, sir. A blo 1? arrns flying? A XQ In the edge of the lu.~er XQ the first iue had 11rs. Arthur Where 11ere the nen then? betwe0n were ar sAflying? No, sir. A mv baby as I went up for XQ wa8 their time? At the tine XQ which had struck at that XQ Well, A you noticed sir. could XQ thing I never A No, sir, convei"sat ion? a thing. heard lunber they and the pile? A went over to you as though tJVo men and Mrs. I don I t know that the Isaacs; t e were. top of it. they went over the top of it sir. XQ All huddled XQ Then your sir. to what No, sir. A I No, :sir. A together? attention A Yes, was attracted sir. to your child? A. Yes, �.. • �--114-XQ sir, And you did see what ha1r.9ened out in the road? No, A I did not. XQ You cannot You can I t tell XQ When Mr. Isaacs No, sir. liclt XQ house he? fina~lly sister out of Mr. Isaacs A on the Yes, wife other? A No, sir. No, sir. about that? fell, dicl you see hir. A Nhen he fell? in the road. afterwards. I heard far you, they just door? of the road met,_ that a little Yes, A I understand side from th Isaacs sir. and Mr. Isaacs, If the around. I understand his and. his anything He was rather XQ If XQ which man followed I saw him la.Ying and turned. wasn't that tell XQ A the not past the step that and cores sir. you, the point met on tJ1;e street was ·just come out of Mr. Isaacs if3, Mox Hirsch at which Mox, about opposite A No, sir, home? .Mr. Isaacs it the was just steps above that. a little XQ Just above XQ When you say above the A · Yes, step? do you mean North sir. or south? A I mean south. XQ • XQ A little nearer A little more up the 11111? Witness water told street? A Yes, A to stand CLAUDE ALBERT, examined Yes, sir • sir. aside. on behalf of the Oo.2. .. onv1ealth b:r· hr. Conrad: Q You are Mr. Albert? Q a member of the Yes, A Your place of this Mr. Albert? Well, I did A voices - 11as been difficulty I don't not know who they but heard of Woortson & Albert, are you, sir. of busine3s you see anything firm and the v:ere,-rock stated by hr. Woori.son. in which Mr. Isaacs know could tl1rown, I cl_iclnot not recognize was killed, see the fight the Did parties, and I mact.e t,}1e rerrark that and �• �r • --115-- there was a fight up there and Mr. woodson, Thorp and I ran i.r. up there. no, he He Q th~re working VlaS fl. odr1- r'l.:.1.Y at i.·1i t11 there ffaS you? pany wit 1 us in f:-o t of the Wh :re Q sir, Yes, A in cor1- he war:: there stable. .tr. Albert? is Ur. T11orp now, A He is here last at Charlot- in a hospital. tesville to-day eek ago, a Q Tuesday I think a week, I believe '7as. it I think A Q When did he go? sir, A vre11, stable? at your Mr. Thor:P was a man 7ho was working Q it he left Thursday was. Yes,. A the day after the grandjury reet? The d~Y after or the next daY after, I do not knovr ,1hich. Q Did you go after did you see anything hearing of the this racket rock -- I mean, to ask you, you got u9 tbere? after N:o, A air. After Q Isaacs you reached in the there lying the pl· ce did you see the l>oo_y of Mr. A Yes, road? I helped sir, to carry him in. Q Had anybody reached. Lud·.1ig Hirsc:-0. was holding Q Did yoi carry, ovm l10rne and placed Q his about r. 8 or 10 feet Isaacs into bed; any notice that ou got to him? him up on his him on the Did you take body was lying hi n before night? from the curbing own home? A In 111s road in which place Well, A lap liJrn. sir. yes, of tlie Mr. on his knee, his A in I think on the west the it side uas along of German street. Q You ri ean his Q Now, his were poi Q curb His head 0 ·:. feet, torrards ting on €! head · 1 rns? then, his were east. 8 or 10 feet A Yes, sir. in v,hat- direc-t ion? house, 1:ras about 3tr eet? Yes, A 8ir. from the west A side His feet of the �T • '. I. �r • --116-- That Q or t .e road the middle or feet would have :placec.l his about where Q That is not did quite A Q With his Q Did you see this not Q :feet see the Uot while I vms at his knoi. near of the to the the Yes, A there, board Q board And lJy yo there, o.elivered 1 Nov:, l r. Albert, attention testify No, sir, A because save yo· a little trouble, have proven as near as that is the board. Tl1at denied. we say that to to save any unnecessary believe that that is the by Mr. Thorp and handed to SJ1-eri:ff? I delivered A it to A To Mr. Crousehorn the next did you he r anything -- morning. the lumber Well, A pile, this the racket., What first kind attract- of noise and then u:..o I heard uttered. you who it Q to the to the fight? Q You heard tell I the next morning. Going out over an oath sir, No, A in safe-keeping. it ed your side. sir. in the road? was picl<ed up there Q Mr. arousehorn? Q 7est to me. Handed Mr. Carickhoff I kept is, That feet. This A body at all. Vie may Mr. Conrad. You you can that will not be you frankly, we trouble, board.. you? his A Albert? llr. MR. LEE: Q to road? more to the east? uas lying it center in the l)ike board would have placed Of the road,you but a little center, reference is. the wagon track so e~here t,o the A It there? Of' the road? Q body where with fell, so ebody utter oath? A Yes, sir. I can't : as. I su:ppo se you ma_y as ·aell a moment ago? Q It a was the sa1 A Yes, e language -- Did you '1ear Hr. sir. he mentioned? A Yes, sir. roodson ��--117-OROSS-EXAMIUATION XQ When you looked you heard that that oath probably three or four guish? A I couldn't but XQ It that dire .rou. tell tell like From tat A yes, you co·_;_lc'i.ciistin- in a bunch in the the voice of a mar. and see o~ a man? Whose voice it v;as you could XQ Mr. Albert, in t· .is picture there tell,-- lunber. people? of a man ed to come from direction. XQ standing in tell. used. by one of' these the voice XQ Seemed to be the voice gentleman two that so .nd.ed. like It time was. whose it sounde' , tioi\? you des~ribed the I .eou.ld. not could.n 't two and -- about seemed to be engaged were -- secl1ued to be all oath I couldn't A j v"lge there maybe two -- between Waf:J t at XQ -- sir; Yes, Mr. Albert, how many people should I something XQ back up there, rned, A scuffle? BY MH. LE>': not tell? coat Ho, sir. A are yo'. the (indicating) :1ith your sir. Yes, A off? In my shirt-sleeves, A sir. XQ These locate where XQ If body lay? XQ Yes, A sir, And the other XQ A or the ~ as that I couldn't d,gy- shor·tly aft er, you, you are near about. done the tell it, If that day after kno to standing were the feet of the about where his head was ·y or the next day? jucge. you, sir. I do not were put there ~ir. man was standing 'l the It trage wan which. .one either Just several th.e next day after -- days after. XQ Does the location at presume A Yes, the body lay? I understand there! A As near as I could lying? vex7 two men standing accurately describe is my Pict tre it of the the cioes. tuo men, as near loc1. :Lon of the I cannot see it as you could 1,ody? fro 1 A here. Yes, get sir. I am the �, I �--11.8-- gentleman in the shirt-sleeve~. DiliECT EXAMINATION RESU1ED BY MH. CONRAD: Vifhois Q that thiB other A That man, Mr. Albert? fellow runs restaurant. MR. HAM1EH: Mr. Keister? Are you and Keister Q ere standing there? Q I kno the Q Say, Isaacs's way east A I am standing he is? that this body lying as you I an so tr.ea.Fit of him. of him, or ara yo1 stancting road o:pposi te each other imL'leti.ia t.ely A you are Keister. l'r. }.ITHJLS: down further further way you opposite towards do~n towards book here this but are represents the bridge than the bridge. the or th t way? of him in road, now, vms 1.r. Laying A right that ( inclica ting). Q That direction is the angle; that is the head in a nortlli1ec::terly and the feet MR. HAh:·'ER: in a f30Utheasterly direction? 'l'owards A the Myer's Yes, sir. house? 1'0U might say tLe bocy almost West and East, very near; kind of southeast and. northwest like. WIT.TESS: Yes, wan laying Q When you speak in VihL.,b it rm!'J lying, Hirsch had. taken don't kno1 how·he Q You don't he was lying lifted took the you speak position in his arms? the posi t•ion after Ludwig Hr. Yes, A sir. I fell. know in ,ihat spot in vlhen Hr. Hirsch of his body was lying, of the hir:i up and had hin hii..viup on his hold of uhere sir; fee he fell or exactly got to him? . A no, knee and was holding and we carried MR. SIPE: far H?HESS: ·what 2_1osition sir. him by the He had head, 3.nd I him in. He haem' t r. overt his as you know? I ct.o not lcnow about feet, that as • ��r • --119-- THE COUHT: Did you say the body ms lying southeast and northwest,or southwest and. northeast? WITNESS: You may say it was lying kind of west. The body rras kind of cat-acornered. \11tness tolcl to stand aside. ME1.:o: court adjourned for dinner, and reresumconvened at 2:30 when testimony ed. aB folloTTs: (Wednesday a~ternoon Oct. 6, 1909 ). DR. E. D. DAVIS, examined 1r. on behalf of the Comrnonwealth by Conrad:Q Doctor, A Yes, you are a practicing county? Practiced A Yes, in the neighborhood fifteen of Lacy spring, sir. Q How long have you been practicing, for 11ere in Harrisonburg? sir. Q You formerly in this physician A Practicing Doctor? years. Q we~e yol called he uas killed here on to attend a blow from by Louis Isa~cs ox Hirsch? on the A Yes, night that sir. MR. HARRIS: Doctor, will you kindly speak a little louder? I cannot hear you. WITNESS: Yes, Q Did you afterwards establishment? Q A Yes, What did the Isaacs? fracture with hemorrhage interior portion man came in to take Q These as extending it. through mortem in the undertaker's there as to the was revealed cause a rather of the death extensive of the brain. v:hen this of the fractures out mortem reveal A Well, Were you present the post sir. post of Louis the at tend sir. head? I left (using here photograph A before vas ta.lcen of the head -- I was present he had taken Photograph) when the youngit. have been pointed and down in here. This is out the front �" • '' \ , '· t �--120-- Part of the head there, Q extent That has been described of t11ose fractures? sir; across the base already extended of the sir. by Doctor Firebaugh, to the base of the skull? between the scalp and the the PID:iintwhere the blow aeern.ed to have been struc&? contusion Q What did blow had been Q extent of the Doctor? contution Well, A blow to make that blow to produce thickness? looked to be so. A Was there that by you, very Louis scious. I don't the severity it took a con- What d.icl that it judging .7oulcl. take the f!'OID a considerable skull of this as I am capable as far Mr. Isaacs before 1ia.n normal of junging it his I death, sir. after the injury? any depr8ssion slight Q Was he conscious Doctor, that Well, A was this to attend the blow vras struck? A indicate of the fractures? of the blow? A Well, Yes, v'TaY Yes, A Q That blo;, seemed. to have been struck judging from the fracture and rrha t you saw heact;? A On the left side. Q ,a amount of fracture. You were called Q Shortly Q that amount of contusion. as observed in its any woulcl s, ggest I woulcl say that Q So far in it extent as to the extent believe? A That would indicate i:nclicate? of the fracture Q was There A scalp. of the Q What as to the indicate at skull strtck. extent The of the blov,, siderable that Yes, A skull. Q What was the condition a considemb1e the Ye~, sir. A Q Those i'ractures Yes, A I believe? Isaacs? think in the A A slight A or unconscious Well, he recognized. on Yhich side of' the the point r1here skull at depression; depression? A sir. Yes, appeared slight. sir. hen yoi reached he was what you call Le very .at all, him, semi-con- but he responded to �,, . , .. ' ~ �--121-- a :few questions that That was what time Q A Between about I spoke half-past of the night you first sav1 him? eight and nine. I did not eight or quarter of nine when I was first What time of that Q to him. night I judge look. did he die, Doctor? somewhere called. Died between A one and two. He died here Q County? At his Q Rockingham horr:e here county? I the that you found, could have ground with his unless he would. fall ·- Q a serious it head, From a great of' course, sir. one and that it is in might else probable been brought or falling serious I told them that was unable to be. in corJ1ection at all of his I na tu.re of the fractm"es and anything do you think condition A Yes, saw him? condition which, o:f the Hirsches the family from the contusion, in Rockingham sir. time hovr serious Judging Q the Yes, when you first considered say at in Harrisonburg, A Q Did you advise condition home ih Harrisonburg, sir. Yes, A at his about on his and the vii th the or likely by siuply 11ead? distance. height, A Yes, of injul."'IJ tllat that such striking the A I think from a considerable you mean? extent a not, sir. OR0SS-EY..A1HNATI ON BY MR. LEE: XQ Doctor, measurements point of the thickness of injury? XQ is called XQ A of the ought Doctor, to be? the Parietal you ge tlemen A whereabouts you indicate o:f th8 tl1ickness No, sir, skull did you make any of the dead man at at that the profession .of the normal is "'."Thatin anatomy A I do not understand on yo·U' own head medic8.l point I do not. on the human head eminences"? 11 Will autopsy No, sir. Do you kno': what the human skull XQ when you were making this where what as "Parietal you. is known to eminences 111 ��! • --122-- A They are parietal it not? Yes, A was in the as is the fracture the XQ In other words, by that expect xq being to find t.l e extent I believe So that, stricken there have had very XQ to say, 11 ttle a cor:ir~on and ordinary sufficient XQ unable to say, yes, as a doctor that Bir. anatomy, point You never lays tells ,rhich is the severity fracture? in regard to that. result you that case you found at that I would think that the t:i:ie :frac- A Well, In fact, tures of the of a fractti.re do.;m as to cause that fra it f'ro11 a blow resulting own experience with sir. to so. at now. about the enough would be of course. suff'icient experience a fracture think I do not recall your rr. Lee, re~ult Well, in his A unusual severe I should common character with I I slcull. there would be point? A Well, so from a blow of force. That would be your XQ A blow of sufficient sir. A Mr. Gray, But you do say that I am really not? such such a condition as!31.lming of' course there just of a blow stricken result of fact was nothing am not prepared just of the fracture does he not? v, as that vhich you f'ound and w11ich is a fracture? that As a matter is as the point, true. blow, waR it point sir, the fracture of a very XQ ture, the occurred, from this there that Yes, A a fracture that you found photograph, enough to create know what injury eminence, of a blow at at all? would this resulted parietal fracture a fracture indic;ited of vhere that of the the oo~unon result create blow cR.lled sir. Was not XQ is They are sir. neighborhood Yes, A at (indicating). in the neighborhood is XQ Novi, take hard there eminences. XQ It is along opinion? force A Yes, to create sir. a frac~ re? A Yes, �1/ j �r • --123-- XQ There tu.res running throu~h There XQ tu.res •1ould be nothing running f'ract re the 1traversing side throu[;h at that skull, since half A outlying no, A :frac- sir. a blow on the side of· the bone and unusual in that even as f'ar as the fracture other sir. No, Mox Hirsch, the defendant here? 101 g have A I have known him you cno''fn hir:1, Doctor? in Harrisonburg, Ho Y long have you lived probably beforP,. in Harrisonburg? A six and a years. Yes, A him? been his A Probably for in sick-headaches? nervous XQ result XQ tit1es. is it him? that ~ir, What is sick-headaches. of the stomach knov that he is unusually that you can see it his result nervous Ro. He is he is of such an unusual serious the resultin~ I wo 1ln. jud,:>:e. at tir. es 11e has a very he has that that -- have you treated or not he is a man of unusual n.,t a fact so severe Yes, treate~ sir. temperment, temperment of the heart, d.isturbance rel:!., I don't A Doctor, XQ A Yes, A of a nervous rather over Doctor, to disturbances Do you know whether t ernp ermen t? -- of aili;1ent, stomach XQ Was he subject XQ physician sir. For what character XQ at these enough to break skull do you kno,;:r i r. XQ Have you ever the of the i,,1ould there? my residence XQ heavy frac- HO, sir. A woulr 1. there? a man receives outlying sir. How XQ these sua_l about ";oulc:l be nothing p rts Doctor, Yes, point al about v1oul6, there? skull if there of the head, A the words, certain XQ skull w011.ld be nothin<.:> Ul XQ In other the head here the unus throueh palpitation underclothing? trouble. of, Doctor? A That could be of' exciten.ent. He has that in a very marked degree has he not? A Yes, �' . �--124- A Yes, XQ At times? XQ Is is rather not a fact it unusual ordinary Doctor that that condition and nru.ch more accentuated Patients XQ sir. of his age? As a matt er of fact, Well, A of his heart than you would find in is very mt.tch accentuated. " is not he rather a frail man? Doctor, it MR. CONRA: Yo l. are exa 1 ining the 'Ti tness on a point o:f your own and asking · leading questions. You are making the Doctor your own witness along this line. MR. LEE: Yes, I guess yo1 are right about that. I clici not in end to lead. the witness. I will change my questlons. ask you to state, XQ I v1ill frail his or a robu8t appearance XQ this If it tragedy 105 is his A Well, man? he is I woulr'!. s:3.v he has rat. can, here to say with :pounds, a~ bearing only respect or not he is a not robust. Ju ging Doctor, weighed or his physical from appearance. that on the o.ay o:r 105 pounds, what to a 11an of hif.:'l height, weighing A What condition? height? XQ Would you be kincl enough would like hin, whether er a frail to your knowledge, tbo defendant would you have only Doctor, to know that. Doctor? certain what would be t e average height? A Yes, not with tables, normal '71 and find out. I th ;1hich to measure me. Doctor, weight stantd.ard tables, showing of a 111.anof a certain sir. XQ Have you those them over Have you so uething A No, sir, XQ Are there to come around tc1bles v1i th you? A Not. with me. I have at my office. MR. LEE: ( To accused) Now, suppose you go around there right against the wall, tr. Hirsch, and let the Doctor R. SIPE: Let the Sheriff mea~ure him. un. CONRAD: As t11e Doctor has to do the testifying, him better let him mea8ure - ��' . --125-- :MR. HARRIS: Doctor, _ Hirsch, please, MR. LE:'.:;: you measure Mr. to get it as accu.rately gentlemen. Try possible, wrmNESS: \7ill Jt1 ive six f-eet, MR. CONRAD: Five and a half. i11ches feet,six as and a inches half? WITUESS: XQ Do you kno"l, 5 feet sir, 6 inches but I of this pounds and a half think XQ Well, abott if trouble below it the XQ These companies XQ 'fou are? XQ If a wan is 105 pounds ym.tr insurance Yes, A I will only below nornal far regard the the tine least forty sir. a frailty of physical 1ould; yes, sir. Doctor, that you speak of are life insurance 1 -- companies for A Yes, insurance any company? -- ~otten I as much as :forty ihen he ought companies pounds to weigh under rrnight 011 him as a man not question '18 XQ You would regqrd hin as a normal for llim as ~ normal the Is a 145 ct,i, 148, oo Ph~rsicians, ,ould A No, sir. man yould you? MR. CONHAD: Don't forget you are ing him as your o m ,ivitn ess. XQ would. you regard the man life? a phy ician. to wei~h you gentlemen, in good health? his exception 105 pound.s, when hebu 0 ht that -- 145 or 148 pounds 19s11e a policy ask you this weight Yes,sir. A sir. Objection;sustained; accused. man TThoweighs at sir. Are you Examiner XQ Well, say positively; he would be at indicate it tables, XQ weighing will Yes, A he? that I suppose standard not Hr. Hirsch t11'it Pounds, 105 wouldr-'t 1ould not up by the insurance believe? transpire '.'leighed A Well, A I could of a man to 148 pounds. 145 normal oug!"'.t to qe the weii;ht rll'lt tall? should only XQ Would or make-up? Doctor, sir. Yes, man? A well, examin- not robustly ��I ' i: ..' -126-- so; no, sir. DIRECT EXAMINATIO J BY MR. CONRAD: Q What aged man is 145 pounds it 1hen he is five that they are calculating feet six i .ches as they e;et older tall? on t11at veighs Well matured A man. Q some men get fat they? Yes, A Q Is the average age? Is strength sir. not a fact and yet it that a man may be considerably be more muse 1lar than not a fact deprive below the that themselves average normal athletes of the in order excess flesh A I could weight? OOuRT: If that S'UStaineci. their an~ thereby get not say as to that. is a subject Q Well, of weight then, I do understand does not indicate to a reasonable extent it you to say, lack doe is an objection, He is 1'1an belo·· ordinary the Well, of Mr. Mox in stature, is he not? A I ted. with sir. we object to that. it vou.lci. be admissible waY of cross-examination. MH. LEE: Yes, the :rather I expect by A A • COURT: ox Hirsch? po ver? that not. MR. LEE: Are yo 1 acquaii Doctor, A Yes, sir. know what his Q though, of muscular Q Mow, you knmv Mr. Lud ig Hirsch, do you not? objection sustained.. COURT: don't the aver- I do object. MR. LEE: Q than to increase Do you think that of expert evidence? Hirsch, less a man who weighs MH. JJEE: lack don't Yes, Rir. A Q it and some get leaner, we note the brothers an exception. and the sisters of �r '' �• • ! -127-Q You have practiced Q Well, in the family have you, Doctor? A Yes, sir. Mox Hirsch, they large excepting people? tl1ey not frail No, sir. A mean in height, know whetl1er you call characteristics, stature been that I judge and physical Q possibly that they were stature on the bone? or not? are about I the A Taking an average in make-up. A Yes, sir. sometime? A Well, since he has in Harrisonburg. A I su.ppose some years? Q Did you practice Q stature, in of large. I -;-1ould judge they Had you kno vn him for living are not I mean in flesh Q Did you know Mr. Isaacs? Q they and sisters stature. Q I don't family tl1e brothers No, 9ir, A are Leon Hirsch? of average don't as a family, On the contrary, Q about are Mox Hirsch in his was a taller two years. family? A Yes, sir. man than he was, wasn't A Yes, he? sir. Q so far judging A broader as you saw ir. from his Well, appearance, no. Isaacs very He was not as tall was ace 1stomer1 to, such as 1r. a n~n. Q This Palpitation the vest. he was confined to strength, or clerking Abel 1 iller much on the individual through and in hi9 than home, Mox Hirsch? He was apparently a man. as Mox Hirsch store street wa!'>he any more robust Q Which is more condusive ing on the exercise in a store, A It such merchandis- would depend as to that. of the heart Did you ever in jail? has here? outdoor trouble notice A Yes, that a 1iJthing sir; you coul. of that onc13 or twice see kind before I saw him when l1e was sick. Q I want to come back to these eminences on tlte side of the �.. �--128-- head and fracture: do I understand, in ansr1er to Mr. Lee's the skull, questions, that which would produce to produce as large head? A I said, in my opinion, Any blow that fracture not A No, woul~ be likely as much ~orce as in this you, fracture,-- slightest produce as much fracture clear. I 3.m a little blow that according A Yes, in with I judge it if I any kincl of a Do I make mvsel:f A slight fracture place there (indicating) was rr~de? ~hich it there be greater was would probably language. my to the amount of' force sir; if blovr or a -- LEE: If it only did that, do no more, o~ course. on that Q Would the fracture extent a fracture would produce a slight 1'h'.. upon the force cases. of a :fracture, confused BY COURT: extent in all as you found here? Q would a fracture a fracture 7ould make as laree that kind would only produce force. You do not mean to say, any blow at all the in this f'orce, to make such a to make as large case? of would be suf- as you found here sufficient sir; case? at all, part any blow of sufficient case, Q It underst9.nd. i;1as of you meant to say any blow on that a fracture as was made in thiR as in this that any fracture ficiP-nt Q Doctor, could depend for A Yes, its sir. in extent used it or less in making in it. so. CROSS-EXAMDTATION RESUMED BY MR. LEiiJ: XQ Mr. a titributes not true Conrad undertook to ask you about t...rie<iiff' erent members of the Hirsch of that one of th m has already one has consu.r11ption no ? ~~ltation, has tuberculosis strong A In one case but I suppose XQ And about chested XQ Rather but she did A I never weak in the chest, of conrntmption I was only now; is not th0re Not that found family: called and it is and that in con- die of tuberculosis. the one living now? died the history I know of, any tuberc though? sir. one living she is not lar condition. A Yes, sir. t.hat �' . �' r --129-- DIRECT EXAMINATION RESUMEDBY MR. CONRAD: Q Who ·i.'ac:: Present A What, r1hen this post mortem examination was made? on Hr. Isaacs? Q Yes, A Dr. Jone9, sir. Dr. Burnham, Dr. Firebaugh and myself CROSS-EXAMIMATION BY MR. LEE: th ere is Dr., XQ mot~ er of' this Yes, A just defendant, one other was a very I have no recollecti short +ime before large told to JOSEPH DORSEY, examined Q Were you at aft er the Yes, the time 'rould weigh? seeing I dor. 't know, A 1irs. Hirsch excejt a woman? She ~as a fleshy A stand a~i~e. commonvrnalth by 1 r. conrad.: f'or the stable this of Hirsh Brothers, rr,an Isaacs street on water ·v;as struck by Hox Hirsch? sir. Q Who was at the stable Geore;e Murray to the house to get Q started -- 11th you? a lantern to the house? Q Did you Q Did you have A A man by the name of and Joe Hirsch. 1here n irl_ you go? From there Q she? she died. Witness -- the sir. woman; yes, shortly woman wasn't 1 n of ever She was an unusually XQ Mrs. Hirsch, sir. sir. Murray large How much do you su:p.Qose slle XQ A question. .eet Mox Hirsch We left A went there A Yes, there and started to get a lantern. Gir. on your my to the house? Yes, A sir. Q What was said said, had \Vhat's 11 a figl1t any conversation to him by_you · i th him? A Just one and what did he reply? the matter arounrl.. there? and I knocked him do m. '' 11 and he says, That was all :rord. 1 A I Me and Isaacs 11 that passed �·, ♦ �--130-- between him and me. , towards Hain street -- dm7n rater on hin face, or anything Q Did he express A No, He caLle on out A he go then? dirl street. Did you see any indication Q blood what direction In Q of any scars of that any regret on his at or sir. A No, sort? at all face, ~hat had haP9ened? sir. OROS'3-EY,..AJ..iLIAT l 01! BY MH. SIPE: r. XQ Dorsey, you know the Hirsches well, A Yes, do you.? sir. XQ You are A oftm1 about XQ Do you know this A I don't it? A Yes, two or tlu"ee times about XQ Vlhat was his thought the stable are you? of Mr. I sa8.cS, he has more than the baby? I know one --a one. A Yes, sir, tl1e Rtable manner playing I think I have else. 9laying towards or otherwise? anything child, i-1i tl1 it. or sir. once? child child seen Mox :pet that XQ More than the at child. XQ Have you ever for little knorl whether looking caressing premises 3ir. Yes, delicate their that seen hi and fooling child, that with of affection A Looked that ·1ay to me. he had it lap I think on his it. I never in the stable and play eel -~·ith it. there XQ How long before cee of that say that. have been attantion about the eath to a month or two -- that did you see instanchild? A I can't different tir.i.es I stable. seen tr1er:1 there about the stable? that nirrht up on the corner. A Yes 1 sir, times. XQ Did you see Mrs. Arthur Mr. Dorsey? of Hr. Isaacs of Hr. Mox Hirsch Might have been XQ You have different the A She was stancting Hirsch after the fight, When I got up �I 1/, I I, �--131-- on t'hc: ....:orner she ran up to the for a doctor. street. hollaring Hirsch se~, is to Mox Hirsch said? A steps to be excited_ was, none that have heard right smart. if him what -i:ms goin~ on. anything by of that e1i I met him, ,y on tht. 1rs. Arth tr around to the sort something corner had been like then. 15 She seer.e d When I walkeri dovm to where Mr. Isa .cs she was saying, You go on in the house. 11 XQ You heard her I heard. She was standing I dori 1 t know 'lhat sai.rl to her, I asked I heard ion or words addressed She was., I guess, from her. I met her. or by Uox to her as she passed A No, sir. XQ You could before the re1.son as any conversa:t stable? " 'phone A He had done eone on down tirne? met him just I anrl that XQ anct. was hollaring 11 Ylhere was 1 ox at that XQ the corner something, and Mr. Hirsch 11 hir.1 say to her -- A You. go on in the ho me. 11 MR. CONH.AD: Which } r. of these boys? Hirsch, 11 the father The father of these boys. He was sitting down in the street and kind of up in his arms. had i.r. Isaacs HTUEss: HR. HARRIS: They hadn't in thd house then? WITNESS: Q liari Mr. Dorsey, ty abo 1t its looking this eyes? <NNR.AJ1: you s:Peak of, child Mr. Isaacs No, sir. TI OU BY dR. atlt~XA.11IUA taken A I think 1 t have did rraybe it did. some pecu- Kind of delicate child. Q I mean, Q That sort of crost-5-eyed, some defect in its eyes? A Yes, sir. being Mr. Isaacs looking Q Isaacs child child, is Arthur child? the A it I s child, I do not know. is it It not, ins teact of' vas a delicate one I seen him with. You don I t know that child; Hirsch wa!:l a little the child child, you saw hin caressing and Ai~thur Hirsch was 1 r. has a little �r • �. ' --132- child it that has Hirsch's was Mr. Arthur Q I understood misunderstood This A you,-child to to these say tl1a t the could you v1hether gentlemen,-- child perhaps was Mr. Isaacs' they child. walk. was Mr. Isaacs' say? tell or Mr. Isaacs. to it A I can't of? you in answer Q But whether you prepared you speak cros~-eyes I can't A or Arthur Hirsch's child are sure. say for CROSS-EXAMINATIONBY HR. SIPE: that XQ Did you infer tlia t it was Mr. Isaacs 1-.r. Hirsch Was the child_' s nar.1e FlPoken of in your ence said? child to ask for his THE COJRT: was it presence? WITNESS: XQ Did any body tell XQ You had the it was Isaacs called you whose child idea You have inferences. it by nrune in your was? (Interrupting) A of; MR. SIPE: I had id.ea it what he haci an is not testimony. explains was 1 is his idea. THE COURT: I don't think what his idea was. Witnes~ told to stand D. DAVIS, recalled. Doctor, the ir:: not that It says XQ Ho, sir. A child. idea DH. E. no right No, sir. MR. CONRAD: It did pres- there? MR. CONRAD: I object. that from any thing thei'e is you see Mr. 1wx Hirsch testimony. He he can explain aside. by Mr. Lee: one question after this I forgot trouble? to ask you. A The next When day sometime. XQ The next day? XQ ¥here TTas he, XQ Will A Yes, in jail? you be kind enou~h sir. A Yes, to tell sir. tl1.e Jury whether you noticed ��.. ' -133- any about cuts his 1.vas an abrasion There or bruise XQ Where was that? the right bruise side, on his XQ A mouth or lips? upper notice any cuts. lowe1~ lip. show the A JurY. was on It he had a ve-r,.J slight to my recollection, lip. One on the upper X Q, What did on the Please according I didn't lip and one on the t}1.at seem to be the result lower lip? of? A Yes, A Blo sir. of some kind. XQ bruised li oe cut? Were the where t ey ha also Yes, of his XQ sir, of any other he complained temple? Q not his That was the Was there ,1,3.y after A any troubl - of his face g about his hurting him? temple, and the trouble? Ye. , sir. A H. COHHAD: in his temple, any bruise in his No, sir. Did you see any bruises on his cl1est? A No, sir, I did chest. Q Ho·.v much bruise A Well, it Q Could you cover was this on his was not a large bruise. it with lower cent a five lip, that was there? A Yes, piece? sir, I se y OU could. Q How about Q Still smaller Q Well, now, a man could own fist, Q couldn't could He could he? this bruise than make that A Yes, A Anything on the UlJJ?er lip? a nickel? he not? Yes, A !!lake that A sir, Yes, if he ran if against I That wa~ smaller. A ~ir. he stru.ck hi1. self suppose he could. something with in the d..a.rlc, sir. Q He cou~d make that cell? abrased chest. examine his BUI)l)O part o:f lm.rtil EXAfoINATION BY Q They were just beQn nade. Q Did he complain A No, sir. A if of sufficient he struck force it against to bruise the side of his hat ,,1ould cause it. �.. ' �r • --134-Q You do not mean to say that A No, a blow with a fist ca:1se11. it? sir. Did you examine the upper gum to see if there was any bruise on tl1e gum itself? MR. SIPE: Uo, sir. HTUESS: Witness told to stand WEB liOGLAUGHLIU, examined that by Mr. Conrad for Did you see Mr. Hox Hirsch Q Hr. Isaacs quarter '/as killed? of ten A shortly after kno'H the Where 'ias h6 when you saw him? Q the half-past tine A Com..rnonw~alth: on the night -- r 1 as between It I clon 't o 'clrcH.. aside. nine and exactly. Do rm near stable t1le door. Q On water Street, down near Hirsh Brothers' stable? Leon, brother. Yes, A air. Q Who was he in c,ompany with? Did you see any in"lication Q looked anything hit so, said him. wh9.t did to him, face about his face that A I did not notice at all? Here, 11 YOU v1ith refr~rence a!:k him and rrhat what happened to this did he reply? dovvn here? u di:f:fi- A- I and he said, I 11 11 Did he say anything had to do it? ci:>out having done it in self-defense or A No, sir. Q Did he express me, no, of anything Did you ask him any question if Q his his at all. Q just he had injured. like culty; A any regret of any kind about it? sir. Witness told to stand aside. CoY!.lIIlonwealthhere rested its case. A not to �♦ �,,., I • .. -135-- THIS BEIUG ALL OF THE EVIDENCE INTRODUCEDor offered be introduced on its his on behalf behalf, behalf, thereupon introduced. DR. of L rould ed.icine Q ago has the the defend.ant, following you be kind Q Was that A emergency hospital for that? six months Q Have you had any other you have indicated, nw service, year in Hartf'ord and a half, in operative Practice waN the uork I done before the Jury ile co~ing A Three months. body of Mr. Louis had been perforr year Hospital How long have you been :practicing at Isaacs? the A autopsyI onths. medicc 1 hospitals? eXPerience Q Q Were you present Eighteen A for besides what. the anct. :ms there there I took ana a half saw the two a course private ye 'lre I was at Raybrook, New-York. here. edicine that that Following A For t m and .~ quarter o:f the New York state last was. It ring that. hospital Then I had ont after at Tewl<.ybury, Mass. I went to Me v York City Carolina. how long and was surc;eon f'ollo so, tell school profession there? Seton Hospital. surgery. superintendent That at in south if and, I am. A of what What other Connecticut, Lee: University. Hospital, hospital? Went to Hartford, on June. Q How long were you in the hospital A Jury in your state Q Where diQ you go after issue by Hr. in medicine, since practicing a charity the at Harvard In the Massachusetts A the issue I believe? Harvard A Nine years A the of' defendant physician, enoug~ to tell When did you graduate been? to maintai1 on behalf you are a graduate? that to maintain evidence: a practicing you are Q Where did you begin that? commonwealth BURNH.AJ,{, examined ,1. T. Q D~ctor, Q of the to in this as performed body after place? on the the autopsy ed. Q Did you see the skull after the top had been sawn off and �, I • ', �--136-- the brain at taken out? A I did. Q In the condition A I did. Q Dirt you m·J.ke any measurements the point it of injury? Q Doctor, vms in when that of the I did, A A I was asked thickne~:::: of you go there to go there I made the measurm ents defendant. Yes, 11r. Hamrner requested Q the autopsy had been at Q But after you arrived. some rreasurements Q I~ the skuL Have you Q ments? A No, other ,,_t. e point the rule side the there at the requ.est tlle autoPS'/, you got there? of your Yes, A at Yes. A own volition-you made sir. the Jury if you would tell of the contact,-or one-tenth ,ri th you with but t11e point what of the of an inch. Vihich you macie the measure- sir. rule Your Q there 2. 75 r.aillimeters, A before Doctor, at for sir. skull? 1ld be glad, measured injury? the of the skull own instance. my you to be present completed that and make those by counsel MR. HARHIS: You welt of 'cr-. Hali .... er? A was taken? sir. at whose instanced.id measurements? photograph on one side, inches? Q You mea ured A it I believe, Yes, shows millir1.eters and on sir. in millineters? A Q The skull measured at that point Q And that, you say, is the equivalent A Yes, Yes, sir. 2. 75 millimeters? A Yes, sir. if I underr.otand was 1/10-th Place, Did you measure and, if so, you correctly, of an inch thick? Q That is an accurate Q of an inch? sir. Q Then, point of 1/10-th the A measurement, thickness . what measurements the Yes, skull that sir. Doctor? of the at skull did you make. A YeR, sir. at any other �f • �137-- both A Yes, sir, on the vault I tool:. measurements and on the part the skull, i th the base. I sup- which was the thickest part of Akull. Q The thickest A Yes, millir.rntera sir. part where was that Q Was that thicker A Thinner. the half that Particular as thick you have violence of an inch thick A I should produce the point-~ the normal I sh.oulct think, as the averaGe stated that 1/10-th of' an was not. human skull? to express normal this skull slcull it in a should be at think vms only one-half -1hat I ua11t to ask is this, to fracture a xiumai human skull than a blow of exactly skull under a skull of normal half how one tenth thickness? the violence thinness of the the conditions in which by the photograph as represented Q To what extent, tion. sir. It than was 2.75 would same effect. fractures to the that A it require ould You saw the Q Yes, A at as a normal hum::1.11 skull; much less was inflicted Place. Doctor, Q A nd.llimete1.~;;? was 5 millimeters-. injury or thinner as thick was five or not? Q How mnch thinner? about part thickness thickness, ~'.fY, skull of an inch? a normal inch of' th thickest The or 1/10-th Q Doctor, i:f any, skull? here? would you attribute A I don't quite it A its catch ,,,as and Yes, sir. condition your ques- · Q in it? You saw the A Q force of the I took meam.u-ements from 2.75 up to 5 millimeters, Q And the point the parts connected pose I took a dozen measurements. millimeters of' all Yes, skull, Doctor, and the fractures that existed sir. 'l'o "That extent would that of the blow or of the condition thinness of the blow would seem to be -- of the I don't ~tite be the result skull? catch A o:r the The force the point. �•• �--138-- Of course, Q may have been, I }cnow the blow, produced however the fracture. Yes, A Q But what I want to get at 1A this: of force had been exerted to have been exerted have been the result? I could A Q BUt you do say that produced the to prod.ce I think results the skull, not skull skull as appears in you.r jud.g ent, lighter than would blow would have woulcl have been required in a normal same results same degree say. a very ruch in this normal what, it sir. aUPPose the upon a perfectly upon this or severe light human skull? A Yes, sir; that. OROSS:-EXAJHHATION BY MH.. C03RAD: as an assistant XQ Doctor, or elsev,here, hospitals, expert · n tl1e matter necessary had any Particular XQ tunities hat of the You have the amount of force A I do 't consider in that A seen fractures, Yes, I have regard. then? A uo particular oppor- when the blows ~ere XQ of t 1e blow, inflicted -- was, in Practic· fractures, not? of cotrse, A It so that how much fracture as a practitioner in sir. XQ But the extent it of a blow, You l1ave had no opportunity hospitals? was have you had to become an fracture? opportunities in any of these whatever. XQ those opportunity extent a given to produce or Practitioner the extent lly every was unkno~m to you are not a certain A I do not think XQ And, therefore, me; yes, in a position amount that you not having of ~orce been present of the blows case, producing unlcnown to you, sir. as an expert to state 1ould produce, are you? anybodY is. as nobody is, you are not? A I do not c lair:1 it. XQ Doctor, what is the thickness oft e human skull at the �. ' �-139-- point where this five millimeters would be an average normal human sl<.ull -- where XQ oan you refer statement,-- A I think blow was inflicted? last edition, gives five millimeters. Judging parts ment at the point at that point and in the upon which you base that Beckham's A authority? t e average and the known thin een four it TTas :fractured. me to any authority meo.ical any thickness bet thickness of the rhite from the known thick of the skull, Operative where the fracture occurred Operative last as skull parts we c~n infer surgery, of the that skull the measure- would be four milli- meters. XQ Beckham's ave1"age thic thickness ness 1 taken Yes, A o:r tllo human skull all does not state as a Then your is hole, it, at vrhioh this that portion millimeters? A statement Is that of the (InterPosing) is based I understood does of the upon 1 t? so state, A No~sir. do you? thickness surgery 1 says, illimeters, therefore, A is based upon it uo, that, taken and as this ought to be sir. on Beckham's Operative you to ask me for surgery an authority is ·what I ans ered. XQ I mean to ask you, of the whet er I did or not, sl<.ull at ·the point A I do not know any. --- four of the skull. A That upon the thickness skull, is five hat you mean? yo·t.r statement XQ · I did. Operative thickness that as to the thickness inflicted? thickness blow was inflicted as to the average eek.ham's the skull's ia a thinner XQ If the sir. No, the fact, that millineters? what is the average XQ And you know of no authority XQ says .of a 1hi te man, the average over over you mean, is five at the :point A edition, sir. XQ But it skull surgery, for an authority r,here this injury was -- �. ' �! . --140-- XQ You do not know any authority that must be left A No, sir, to the individual I don't think XQ What nn.tst it be left ments. If a skull the thickness known thin certain averages at any point areas parts where this to get Particular millimeters average to? five part and some three of the :Physician? that. it to the measure- is easy to compute the known thick of five areas millimeters. and otliers was. must be some parts or- four and the We know thinner. we know To get an average of the skull millimeters of' seven or to get the of· five. milliIJeters the method by which he computed that was the average? I do not know that way. ing point on head), of the skull, just measurement at A internal that he compated it millimeters. point? skull That contains A in that at that point a ridge I should That is one of the thi point (indicatportion where it is I took a skull. thickness say three way. part. on this the average in any That is a thin is a thin to that XQ I am asking you for at that of the particular know how a of the human skull above the eyebrow? is it not? but directly A No; but I don't thickness XQ What is the thickness skull millimeters of the skull man could compute the average thick, state to be thicker XQ Does Beckham give other A Not on A Must be left the average there judgment you could by taking of th.e skull millimeters, eight five point? point. XQ It five on that of the ouman and a· half spots -- to four one of the thin areas. XQ Then there at different parts XQ So that, is no recognized are thick and thin of the stull? at last, authority areas A Yes, all over the skull sir. we get back to the proposition, on the ordinary norma.l thickness there of the �;, I • �r • --141-- human skull r~ ~cs's at the point head, is there? on vrhich you made this measurement A Do you mean, can I refer on 1-r. you to a work? XQ Either given by reference normal thickness was inflicted, there his to a work or atherwise, of the skull and you only at the point arrive there at the id.ea that be done? Ynat is right calculated it along is it those not? blow the thiclcness that in the way you thinlc it did it no at which this should _ ave been twice what it was by supposing method of calculation is Beckham in ought to I su.ppose Beckham must have A lines. I do not kno~ what others it lines? he could have 15.one. XQ Doctors to be a matter calculate of mechanics on fifferent This A seems and not of doctors. THE COURT: I do not understand whether the spot where the contact occurred in this case was a thick or a thin area? Tl1at was one of the thin areas. It is a thin place in the normal skull one of the thin parts of the normal skull. WITNESS: XQ .sir, Are there I think as any Part that any thinner parts is one of the thinne~t of the normal skull, and midQle fossae than contain areas. except thinner that, Doctor? A no, That is as thin in the base. The anterior parts. MR. SIPE: eye? How is the temple, back of the WITNESS: It is a little thinner there than the squamous portio1 of the temporal bone. XQ Doctor, ice above him? XQ A Uo, sir. Did you observe aku:J). of this XQ did you ever try A Yes, at a fish by hitting I have cau,r;11t them through the condition man Isaacs? Did you observe to kill that between the scalp on the tlle ice. and the sir. time that there was evidence of a �; , ...,,~·.... ♦- �--14-2-- considerable blo Yes, A , producing results at that point, sir. XQ Even takin 0 this sltull as a tenth a blow of considerable force to pror'uce eminated from that it? A It blow, didn't A I think an:i it that XQ You . ere ina tion and have employ of the reqi.tired I can state XQ You t inl~ that is A Yes, you? in th ,ir A Yes, told Christian, A Yes, Docto~, graduate? fro Q you are Were you com.~cted. ith the '1.ere the defen~e by Mr. Lee: of nedicine, of anatonw? Doctor? I will I will and s1rgery did you University of Virginia of anatonv and surgery? of anato1 r'f and s trgery some four of anatomy for and surgery, years, ask you what ask you first: is at the or five A I waR demonstrator A Eleven as one and surgery. ou not for you beca1i e Prof es, or of anatomy human skull? in the of Virginia. 7ere ·professor of Virginia, Q Doctor, yet exam- aside. of medicine of anatomy You 't"ere dernonstrato1~ so continue, and are a Practitioner of any department Befo1'e you demonstrator employ, for what school A I was professor the to go and make this sir. to stand A The University ity force? sir. of the professors Univer a blow to sir. by the defense continued defense? Q Doctor Q as that. nn. w. G. CHRISTIAN, examined Q required a blow of considerable true? employed Witness Q such fractures them. XQ Of course, are it of an inch thick, required produce did you? four for years years four years. and then and how lon[; did you I think the normal I hand yo it was. thickness of the a photo?"raph, ��--143-- Doctor, whicl1 is said base of the the photograph skull before, Yes, A to be, of Ur. Isaacs, since not? at is, a photograph of You have seen that deceased. you have been here, A indicated have you not? to you the point that of injury, has sir. Yes, Q I want to ask you ·hat skull it sir. Q There has been there and no doubt is the normal A A fraction point? over thickness of the human three-sixteenths of an inch. Q rrhat nould over be, in tenths, a :fraction Doctor, sir. of an inch? A Q so that the of the normal human skull thickness would be just A Yes, Q I believe a fraction it over two-tenths has been point as to whether think it ~ould shown here of an inch. res::._,ect to a skull it at that of one inch? was a normal -- inarily skull or not? abnormally A Doctor, at that I should thin. abnormal? A Yes, I think abnormal. Would a sk 11 one-tenth have as nru.ch resistive 2. 75 millir.ieters of an inch tl1ick be extraordinarily would be extraor that What :1ould you have to say, only one-tenth be abnormal Q would that Q Yes, sir. would be one-tenth it it tro-tenths point with pUtting of' an inch, at the point mentioned, :po11er to a blow as the norm9.l skull? A llo, it would not. Q would it, by a blow? Q hat A It Now·, Doctor, &n·t normal thickness I am going anatomical be much more ef:lsily specimens department to ask you to tell skull at :fractured fractured. you have based of the huren of ten not, uoulcl be more .easily of investigation examination the or would it your that of human skulls of the University the Jury upon opinion point? as to the A Upon an which I obtained of Virginia from and which ��• ' r --144-I measured Nith '111 the care I could and f'ound t_ at the general 1 average v1as thicker and some being an inch; the one \'lhich I entioned: I a little but the general to be three-sixteenths some of' them being thinner average, little a than three-sixteenths to be perfectly of' I found accurate, and one--one-hundred-and-twenty-eighth of' an inch. Q In other Yes, A sir. Doctor, Q investigation were all skulls of an inch? of' white men Q order and that Is that assistant a skull f'rom the as a good A I thinlc and I took that ten, in t1at of Virginia department for him. so. judging in I first by nv eye, to the engineer- to measure at that Then I took that point. and remeaFiured the I remeasured skulls. to verify his measurements, and all measurements came identically that the same. Then I myself to and got one of the am then meaRured the remaining myself', co tld follow ten which I thought, of' the University professors a surgeon at all? sl<.ull of those marked the point measured the rernaining 01t nine result. Q Doctor, human skulls, tenth your conclusion that That is the only one by which I see that A the only method which ing department with or r.ot you .::.rouldregard method of reaching one? be an average just uhether to reach any conclusion selected. skull the Jury be done. cold ter over t10-tenths The specimens tell and sufficient I a fraction I COUlQ get at the time. that it words, can yo as thin any skull of an inch? A one in the course Q You have, A I have ever havi1g recall at that seen, particular I do not remei 1ber one; of my no doubt, in the handling point of as one- and I did not encoun- investigations. aeen a great seen a good many•. many, have you not, Doctor? ��r • -145-OROSS-EXAMil!ATIOH XQ You have measured, XQ And you might I should have XQ The method the is 01 as this of them as thin it is not very likely by which you arrived at that reach any accurate it is the A I said of t e sl<.ull? you say, conclusion only one saw. In answer XQ that to Ur. the method. adopted them was the only reach a conclusion think I said XQ I, I think (Memo: rapger, at req1 est second It is A The only not Doctor, ten skulls thickness and meas :tring or surgeon of' the I saicl that you stated skull?, waB the only could A I don't one I saw. It to say that. used xq a mm:1ent ago, by you in taking as to the of course, the Lee, method by :1hich a physician that. was nw intention is you have I might. but ly one by which any man could as to the thickness I then dozens A I thinK it? done so, than sir. have handled one and not have perceived that Yes, A COHRAD: naTJYmore skulls seen a great have you not? BY UH. could only question judge intention 3.nd ansuer of Mr. Conrad, to by the on p. ·Ii tness. words 144 read by stenog- ) only method by r1hich you know it could be do e? one I know. Then the method a good one, is to by Dr. Burnham of calculation referred MR. LEE: all, is not the same question it? },R. That at XX~NXMXXlllN~RXEX~XOCX COHRAJJ: I ct.o not understand -- a nur,1b8r of MR. LEE: He waB measuring skulls and taking the average. Dr. nurbham was giving you the average thickness of the entire human sl<.ull, whicJ1 is quite a different thing. XQ If the only method by which it could be arrived at is the �t �--146-- method adopted age, by you, namely, then you know nothing whereby you take five that ten skulls that point point? average as the millimeters it 11ould be a fraction A If thickness you will 0£ and take an aver- of the method Dr. BUrnhan referred am then conclude by mathematical skull at to take alloy one definite entire thickness process to explain, point of the of some mea.ns that o~er t\vo-tonths mo to of an inch at I was giving upon the human skull. MR. LEE: That is what-he was doing. nurnharn' s is the average of· the entire skull. XQ And Doctor Burnham based his arrived five at his result millioeter XQ of process Doctor? just I arriving r1 A XQ You left at it. there point, or upon Beckham's ~bout that. Where are you pract:Lcing kind now, there of Virginia, Doctor? in 1905. in 1905? Yes, A sir. at the University of Virginia now? No, sir. XQ When did you begin as demonstrator there as professor? of anatorrw in the fall of anatomy in the fall XQ Just of 1899. now you are engaged in ordinary XQ And,just like practice? A XQ Gordonsville I tJlinl\. I became Yes, practice as a physi- sir. doctors, you engage in sir. is no larger A Not as large, XQ Doctor, A the Harrisonburg Yes, I went there A of 1893. cian at the town of Gordonsville? Doctor? ought vrhich one of you had t e right XQ You are not a professor general at that +, Dr. Gordonsville. A I vas last professor 1 I know nothing XQ When 1ere you at the University A on wl skull as a basis, thickness? want to kno for A by starting, average calculation of Mr. Isaacs' to have been the thickness the than Harrisonburg, i~ it, I imagine. do you agTee uith Dr. Burnham that, even according �' ' ' I , .. t, I• '' �,, 'I ( --147-- to your judgment investigation as to the here -- nay choose as you siderable to have force force I never of the of this even with that it -- to thinl'- as were found here the that thicknes~ it produced in Mr. Isaacs thickness required I skull? I it never weighed probably slate covered not fracture it. XQ That broug skull only such a are hall. I did as r:1e have inches thick,-anci. did not brealt exhibited the direction. here? The body had just dead. on a was lying been He had been hung. thickness or do they differ? deal. A uo, sir; it would them to be identical. if thet rhere to hit him on the back thin portion o:f the sl(ull, is one of the this of an individual is very No, theD to differ? than XQ It skull skull. a hammer that I ever made in that of uniform a great XQ Then, Doctor, the place the No. the dissect- of a negro's thickness A skull dry skulls be very uncormnon for A in .ti one and a half ex~eriment XQ Is it uncomn10n for to life about was a man recently differ tr· I heavy hammer, the harni:er? XQ Doctor, the liead -- the how much . dissecting Skulls of any thickness. .11th the ha:nn1er as hard as I could t to the A say what of any thickness? pounds, a slate is the No, it not and have no idea that. -rith n pretty Did you break XQ Was that A it table,-the harmner. to test two and a half and I struck danger a skull to fracture on one occasion to fracture con- fractm.·ed. requires I tried or thinness, I could a skull had but one means of testing ing hall under and rru.mber of fractures A XQ You do not kno~ how much force, force, skull a blow of very the exter't blow was to fracture saw a skull particular blow v1as struck at that of the head? but far dangerous thinnest to hit point of tr1e:re is nore from a given A It from being -- portions blow is a comparatively the thinest. a man above the ear on the side �.., �.·., . --148-- of A Yes, the head? Because XQ ous place, Places. sir. of' tlle but it is not XQ But by reason at -- that yet liable not and that place, all of the skull7 A so !!llch thinner there than is vecy rruch thinner It places thinness is in other being thinner there so with every body -- all they differ that so? XQ It A More liable A not necessarily liable and, by being struclt at to fracture injury to Produce but the -- fatal concussion contusion ')_re thi therefore, that more point, at ner point, that skull aoncussion or concussion. dangerous, at place, to produce is more liable contusion necessarily injury at other skulls in thickness at there. than that are known to be thinner fatal at other than of its although to produce places is a danger- It is that point; injury. in the brain? of the brain is not is. DIRECT EXAMINATION BY Ml{. LEE: Q Doctor, than the thicl<er. sl(ull the skull of a .hite of a negro is very man, is not? know. I never decidedly thicker. How much, I do not to determine. It is very it Hn. COHRAD: the skull very A It much thicker is considerably ade any measu.rements (Exhibiting a slcull) Is that of a negro or of a white man? YTITHESS: It is impossible for a man to sta ter:--:ent. I should make a positive judge that is a white man's. MR. co1mAD: If a neg:ro 's skull is very m1.1chthicker tha1 a ·white man I s, why is it irpossible for you to tell hether that is a negro or a white rnan I s skull? e to tell WITUESS: It is i possible for v,hether the neg:ro was a pU:re negro or white. They of course vary. I can tell you that is not the sk.ull of a perfectly pure negro. The man that had that skull might have had c,ome negro blood in him. I could not say that in 1 ot true. ��--149-- is more vhite XQ It Witnesq man than told to stand DR. D. R. GOOD, examined Good, ~rou Dr. A Yes, Q Where a.re you now practicing, Before and practice in this county? long H0'.7 Q Doctor, practice Dayton, A Yes, A in Dayton?. A Virginia. sir. Foir years. in Dayton where did you in Harrisonb on Mr. Hox Hirsch? Q Doctor? He.rrisonburg. A While .a physician to wait by Hr. Hammer: physician at Dayton? commencing your riedicine? Q so. aside. ..... practicing Q How long have you lived practice I think A sir. Q You live Q s skull? f'or defendant Q !:lre 1 negro you ever have occasion I did. A were you his 1.rg did family physician? A For three years. either of' his state arms - rhethe:r· or not you ever broken arm. Object, .UR. CONRAD: Doctor, Q and if' state whether so what dicl vou do? putting a plaster cast to set had occasion because or not you ever A I hare on an arm, a f'aint set leadillG• g_ny bones f'or him, recollection of I think,Possibly,one forearm. bone r,a s f'rrtctured. Q whether Q Doctor? I will ask you, the other Dodtor, arm has beer. broken? How long ago has A I cannot it tell been A No, sir, since you set that ovm kno;,:ledge I do not. arm for him, you exactly. Q Give us an estinate t11an five do you 1a10v of your about hou long? A It has been longer years. Q s01ething like five years? A While I Tias Practicing MR. CONRAD: He said years. longer than five here. �f • �--150-- Doctor, Q v,rhat do you have is he a weak -Well, A weakling, he is to say as to Mr. Hirsch's so to speak -- not -- I consider or a strong, physique, robust man? him -- you speaking now from some examination made, or just from casual observation. MR. CONRAD: Are MR. HAf,:·.mR: From his o •m observation of the man. knowledge Q been You have beer. consulted in Dayto Doctor, even since you have sir. Yes, A ? by him, and THE courrT: Do you mean to inquire as to nruscular strength, or health of bodY? MR. HA.Ml ,J!JH: Both. Better THE COURT; at a ask one question tine. V/ITUESS: As far is concerned, sidering He is very height light And as to his not rnuld I his exactly as his not consider °' helth, condition and strength him hardly an average He i!3 not a heavy, and build. in that frail, physical respect and belo'7 he is hardly t:IUscular average a strong consideren a youngman but he wa the that man, conman. in weight. nan. complained He is a great deal. Q Do you recollect, A Principally XQ Doctor, Doctor, for strike can a man that weight is, A one about XQ I am talking rh~t troubles gaetro-intestinal as a man who has not? might for Vell, as hard about do you,Doctor? troubles has indigestion -- hit he would possibly under certain one blow. A No, sir, you treated him? indigestion. as hard a blow one blow. He circurnetances. You do not kno r what his I have not weighed him. I do not know. XQ m1ile you 1irnre here didn't you see him frequently engaged �r • �' ' --151-- in work as draYman, of all kinds A here han~ling -- hauling trunks, five years ago. seeing ann freight wagon on the streets? street horses whether A No, sir; of work or not? boxes, him on the He was handling You don I t recollect XQ in his out here do xoc:k:recollect I barrels, when I was ancl stock, you savr hin doinr; sr:ecially. that class I do not recollect. DIHECT EXAMINATION BY HR. lIAHHER: Q Doctor, Hirsch has not A has he? that you know as a matter in that worked I do not of fact heavy recall ever that business seeing Mr. Maximiltian for the last 15 years, him in connection ,1ith work. Q I will asl< you v1hether or no it is a :fact tha.t 1r. '1axir.iilian . Hirsch, the defendant of trading A the line ltere, and dealing in horses To my knowledge of draying, has been that engaged :for the in the last has been his lighter work ten or :fif'teei1 vrork rather than years? along as I can remember. as far Who has done the THE OOURT: dray work? WITUE!SS: The younger boys. I don It know whether I can call their names or not. Q You mean by younger Those younger boys-- His younger A ox. than brot:t1ers, Arthur and Rieves. Witness told to stand agide. D. ~. CROUSEHORN, recalled 4 state l'lhether which :Mr. Isaacs here? A Yes, Q lost sir, first of the Q next T'ne first or not you at his life any time you v:eighed ~cfendant: af'ter this Mox Hirsch, af'f'raY the in defendant I clid. When did that .Monday or Tuesday, Mr. Sipe for by occur, A It was either H1.•. Crousehorn? but I am not certain Yhich. It was son etime weelt. Monday following the date o:f this affray? on the �r • �r • --l52-or Tuesday; sir. As a matter Q not yes, It recollect. of fact it onday, was was one of' those 1r. Q And vhat did he 1eigh, :Jas it not? A I do two days. crousehorn? A He weighed 105 ounds. CROSS-EXAl, !NATION What scaled XQ Pair I that did you weigh him on, one of the thi11lc they BY R. CONRAD: Mr. Hirsh' told. me they s broug got it WITNESS: you say? A Yes, of scales They balanced, A "Jere near A Pair to the abo'dlt the accuracy about and I weighed correct \fuen you weighed on? no coat knon which. stable. I of Fairbanlc brought s scales? jail by the Hiraches, A No, sir, mvself of those on them, scales? and I think .. WITNESS: shoes I don't A A I do not recollect. MR. SIPE: XQ crousehorn? sir. Do you know anything XQ they was a Pair t there, aro md at the MR. SIPE: XQ It .1r. You wei 6hed me, too, I do not recollect Mox Hirsch that diet he have his he had neit} er _one. didn't coat He had his hat you? I did. and his on, but and no shoe sQ THE cOURT: Diel you make any te t of tile scales to see whether they Tiere right or not? WITHESS: Before I weighed r. Hirsch I of the weighed nuself and several ttramily there but I did not make any test. Before I weighed I r. Hirsch At least I saw that they balanced. hen I · ent upstairs for tr. Hirsch and cane down the scales were balanced. XQ scales scales. A Pair are they? of scales that balance A I do not know. are not always I do not know accurate 1. ch about �r • �' . . '' --153-- MR. HAH.IEH: How much was it age weight? about Near WITUESS: to your aver·1ge my aver- ':might. If there was anything wrong you would have detected it when you . weighed yourself? HAMllEh: WITNESS: Yes, sir; think I would. told WITUESS to L uDWIG HIRSCH, examined Q Mr. Hixsch, Hirsch? for extent I a'3ide. defense how are you related by .. r. to the Sipe: llox _e~endant, He is II¥ son. A Q stand to any great related How ti"ere ;ou to the deceased? He was mr son- A in-law. Q How are you othernise A They are all Q Another married his Q connected on good terms one of your sister sons v1ith the Jith me. ma.rried - -- one of the Isaacs. Your son married a sister -- Isaacs far.ily? A My son Arthur She is r!lf daughter-ir:.-la A Yes, sir, to the unfortunate boy. Q Mrs. here, is Q trouble? the Arthur Hirsch, sister of' Mr. Isaacs? Where was your A At your house, A Yes, Q How long had r1i th on the Yes, A living court sir. at the time of this of German and .'later Streets? 11e. corner sir. living with some t1~ouble with Q lar,Y who has been attending son Mox Hirsch He was living Q has been the How long his ne b8en living us ever wife since there he got r:iarried he came bac~ had he been living in your house? there -- After A He he had I reckon. at this time? He had 1. ��r • --154-- been living there ceveral :five or six months. than that. how had J1e been A Well, about is, working for a:fter in the prior time :for longer Maybe er1:ployed, to that years A In stomach and with the first place head fo ir and tirne? ago he worked and cattle or five He .vas not able A VIOrk? so e business, trouble, to do any to do any heavy from doing he suffered years anything a great like deal heavy vrith his he had. a broken and then work .• wrist and his arms, arm. Do you reme:nbcr Q did both :fractures Where the occur circumstance at the 1ere these I mean to say, occur, years last Yhat way was he disabled Q how 1as l1e then he was in the horse In a broken last in the stable. work of any sort? Q the the ti1, e. or eightee-. that. sir, recollect several seventeen Had he atteropted Q just A Yes, employed; employed on the ·.1agon, but heavy I don't Hmv was yo J.r son Q that r:1ontl1s? of his breaking A Ho, sir. same tine? fractures and nhere in what part of his did the fractures A I think arm? the n-ist. Q left And where was the arm, right Q You are fracture, up in here sho·iing on his left arm? on his A (indicating). us now or: your right arm. On the A left arm. Q Between the elbow? Yes, A sir. The horse ran off with him and he was h trt u:p in here. Q Botb. :fractures 1:rnre below the Q A·1d you say when his elbow, v,ere they? A Yes, air. 1ith him? Q a horse. A Horse ran How was the other He fell off, left arm .ras broken auay with him, arm broken? and hit his a horse and threw hie his off out of a buggy. A By hir.'l trying head and broke ran to get wrist. on �I • �r • --155- As a matter Q of fact A Yes, on each arm? Q RefcITing general year? health It A _of your Q Has he been confined A During sum.mer he has been very to his Q this How long before A I thinl< bed? Q had to consult How long, attention or twenty it this of doctors lived of my boys Q Did Arthur? sons. Q A Q tirr:e? tl at ti bad and confined a few days he has confinect e? very the condition at short to l1is up. :tafi 1 of you1.. son required intervals? Abott A age no~? No, sir; Arthur he lived eir;hteen at Arthur Y aR he is thirty-fotir. the time you? of this A Myself, Hr. two girls Leon and Joe. not in the part of your family then, 1as next hrn1se. as living on German street, The house with you? next in the A He is to rne; yes, \1i:fe living 10use right one of at that time? six years Q Something the family said about r.1as vow.~ ,if e a large A My wif'e was large. to you? Her average I-Jo, sir. A A has been next sir. How long has she been dead? to size; difficulty, got mixed. He lived fas your family Mox, Arthur, You r entioned I just A I think Q res:pect oJU"'ing that had he been in the l1ouse with and all Q doctors years. Who A n-ists to do anything. .-ras only Q Who composed your he? the how has that son, bed and room during aff'ray Mr. Hirsch, Q What is his Hirsch? to his hot able bed,and near has been very bad. A often my occu.r_ed Has he frequently • Yes, sir. Q the fractures sir. to the last been :for the both last characteristics woman or a small weight summer, for years in woman? · as 23 pounds. Q Are any of your children dead? A Yes, sir. we have tvo �• �r • --156-- dead and two still-born You speak Q household at those? the time Julia A Ju.st aggravate of twc., daughters feelings or were I do not want these situated rr.atters, there. I want the but Mr. Isaacs, how olri v1as that child? 1 r. Jury to Hirsh, it seventeen A to rnont. s now. did 1,'r. Isaacs Hovr far Q the family what t-m· daughters noi:1, Mr. Hirsh. about ias a chilcl; ha in your and Lessie. knor-r hm1 everytl1ing old, difficulty;· compose yourself, your appears of this embraced third house from the Was his Q was brouv,.t flas not brought do':zn, you say, stable; yes, your :rey lap Q night doing? bossing in Yes, sir, it often. ho11.se but often child, of the relations do :m to my presence? He treater). it awfully good. pocket, rides in the existing betvrnen and what was the character A He always taken candy and pem ies and h, took it stable of the He was very and gave it We had a pony tl1at high or it craZY off of 1hatever on the horse and out in the (indicating) and he of ~en and rides on the street. Ile 1as ver."f to it. On the day of this v1hen the difficulty A Well, hands. came in to seven. A A Brought in his pony cart. attentive or not? in thv stable? character when I had i·t, it family it he hacl. in his took your he accorded it. after i'fi th often to me very to the son Mox and that treatment Liven A sir. What was the Q house stable only from your home? corner. in your dovm to the It Q child live dif'ficul ty, vihere waR Jllox and what occurred, he was out during We 'lere super, cleaning somewhere near Then he went do';:n to the I mean the ct.a.Ypreceding the da.Y out was he on the farm out a pond we hacl t _ere. half stable past six the And·he or a quarter and :put hi('3 horse to away, ��--15'7-- changed clothes, .1is Mox, myself gogue or tem.ple, Where Q was at di<:l llox go after together and we walked When we got his it and laid get cig1.r across store. some cigars. 1ume went the Jevrish left I on passed his arm, at anli. they in the stable Yes, and sat that stable. to your house Ur. I pas~ed on your Q Was there There daughters, the that stable he had stopped Hirsch? A I wasn't goi~g 1ent up on rrv ~orch on by and hanging of the porch do1•m on the floor A I with yow." feet sir. anybody else on the :porch 1ith you at that Q Do you recall and I think of them. I do not recollect. which ote of the boys were there None of my boys; remain of boys there a couple until this vas pavement. Yes, were a couple Q Did they were you sitting? A maybe both staid porch wi tl1 my feet out on the pavement? they 1alked on., and I pre- A When I passed again, on the front Sitting Q A to on the porch. on the floor A off sir. evening. Q Where abouts sitting l1ox :pulled Mox, stable. When dir'I_you see hin Q street, 0 He was in th on your road A down the smoker and I went in thure tJaem there house. 1 You noticed the stable? syna- A and ve came on down to John am a great I he vras in the Q -- we car,1e out A dov:n to the Square Q When you ~ot to the house I think night synagogue? the prayer-meeting? Leon and myself. Sullivan's that out on North Main street. the prayer-maeting coat went to :prayer-meeting and Leon. That prayer-meetin~ Q of and ~e all time? one of lilf with you? strangers. affray occurred? A I think there. liH. HAHMER: Who rere couple B. Uey I s. WITNESS: those of boys that men, Mr. clerk Hirsch? up at ��--158-- lffi. HAMhER: ¥hat were their WITUEW: \'/ell, Q were you still A Yes, passed_ there? came passed an Mox Hirsch uh~ coat Jasse1;_ you, sitting lying notice; the and Mox came alor.g I was still had his What did you next Q after there Swartz Goldenstein. there sir, na□ ed One r,as other names? tell going there acros8 his tne Jury North, the street, when Mox arm. now what you saw A Yes, as I understand? sir. On the East Q there only noise down there side a fevf seconds -- or a I call it ioing it, going I got up. Q Then what ~id ox !Vas backing after way, back and pretty and she got Arthur Hirsch's first house. to his e where I was. I got up to the front of Arthur's Hrs. Mr. Isaacs lumber lays house Arthur after feet right like on the head pret y quick -- Arthur kill you. -- they here of lumber war and it that of lumber that the house right then there. Isaacs could see nhere not he struck e sor:-:eone him in There I of Mox and_ where I took him. recognize behinrl side the way directly to the curb see,-- li to me. .ox, of' No, the I didn't by the hit and they c.ame this alrr.ost next him, in front right laid way and came in the looked Isaacs she was right --I Of course 11 ..:.ot up nearly and r,rhen t ey got someplace, somebody nas after Hirsch anrl got up, in th!:3 gutte1~, I couldn't heard anc Isaacs Then I seen Hirsch,-him -- - Mox was coming bacltward. pile know, going if.OU s voice. ~as a pile do~r came closer. they until think There I looked was down and sprung Mox until fast t11 em until in with I seen of' it towards Isaacs' rnacie a fe:1 s'fteps 1 rs. having Horth a little A I got up and walked· that do? YOU the hill, I will I recognizecl Wel 1, Mox has passed when I heard do· "You God damned son-of-a-bitch from there A mirntes fe'tl as vrn call down German street hollar of' Gerrnan street. thing it, the a blo was 6 oing se.. ��--159-- During this ter-in-law, lick strike in bet r,een them, got and jumped af'ter almost vi thin the too .Mrs. Arthur Hirsch over Arthur -- my arms weren't ancl the other back at her Mox? Did you actually No, sir, A see him-- amt when and jumped Of course she ·.vas she beg:1.n to aet up, yo kno , t is when I suppose Hox Mr. Isaacs icture fell, the final when the 'aere you? In when they :vllat attitucie, Passe sir, point out by showing I was present How far Q street? va away all it point -1.st have been .Mox, looked 15 steps building. the when v,hen the was from four side to six of the time to like pile street lick and backing laid, 'Jhere Hr. "las strnck? Isaacs I noticed quick. fell in sonebody, do :vn or 11ad stumfrom 12 to or rubbish head laid :h.xt~uii:ucaw$x from the where I picked sir. by pretty it v.ras anywhere to v1here Isaacs' feet ~,as laYing he ,rns knocked ul), Yes, A was Mox and Isaacs where I sai:r it, old lumber And f'rom there other point li -e somebody sprung to where place? 1here the final the :from that A From the loolced t.e the r 1 1bbisll and stuff to the place A Mox 7as backing the was struck was taken, now, Mr. Hirsch, from where th_, paver.1ent or gutter bled, that li'Tas taken. Q t picture A Yes, Q Did you and Mr. Albert the lick not. I did You were present Q it them, I Isaacs. Q it him to reach down. two got a. ay :from me, and this was enough in between her Mox another to separate long dau 0h- I:JY IRaacs,--I to grab of ma.de a jump lilrn and knocked and. by my looking a lady Hirsch, we1 t to give arm of him,-- knock he kind Hirsch Arthud I wanted by some r:eans got mado another hrs. hit short of Hrs. and Isaacs Mox, because length was a little Isaacs by Mr. Isaacs Isaacs from the to my notion curbing on up and lla him in my arms. Q Now, about street to the point how far where was it Isaacs :from the pile fell? of rubbish in the ��' . --160- A 'Well, I expect abo tt 12 feet, measure something Yas about like two-thircls of the 15 feet. Probably that. street -- I did not it. did yo, Now, Q I went irnned.ia tely IQ were first go irrunediately to hin you the blow was given the it one. A hi;-1 up after he fell. and picked first that to Lou Isaacs? one that felled hir.i to I was right with touched the hill his YeB, Bir, person after the A Yr-s, sir, ground? and caught I was him and raised him up in my arm. Did Mox see you goin3 Q to him and picking him up in your arms? MR. CONRAD: I object. THE coURT: you, I think WITHEss:' me. Q Mox wa8 there on the Do you know whether Mox saw or not, :Then yon v:ent to him? ground him up he was probably when I picked he did. was he? A three or four I knm, he sa·, He was to feet ., notion, away from me. Hr. Q on the want 3round ms there to Mr. Isaacs of ministrations sir, there A No, Q Was a doctor somebody, Mr. Hirsch, A notice nothing there ."laR for I ju3t to help one of your I don't Q in hollared me carry nB knO"l :lhether person th3.t of attention there ,,as there of H!'. any Isaacs? we noticed. quicklY. as :90s ible? wrtether was Mr. Woodson or it A I told I told ...him to rt.o it. sons go for he did or unybocly else. to some one for a doctor or not. as quick I didn't I was interested a doctor and asked as he take in the some one him in. Did you c3.ll the house. for a doctor. of any o:f my sons boy. hiu to the called to call Q And didn't could? of any sort 1 lack he was struck: after know 1•rho he was, I don't Albert, any possible for a carnPhor bottle? A I did after I had �., .., �r • --161-- state, Q give your injur~d Mr. Hirsch, son-in-law there we possibly the that Mr. Louis could do for care possible A I _certainly They all him. what was the Isaacs? have weighed very best night? Mr. Hirsch, Q :vhet,her or not any effort size after thoug 1t to he was did al..c. that we ··,ere there. ancl weight of' your Accordi1 g to my judgment A was o i tted son-in-law my any 1.11here bet veen 140 to 145 pounds; son-j_n-law, somewhere v;o J.ld along there. What was the character Q A He was a very heavy, or not? muscled man. I have and he had muscles than my fist. appearances Q agreeable matter ~now -- what were the members of' your the relations the ~hole betrreen upper man, so far n.s Isaacs? arms rolled part up, of arm) A My son-in-law man. bigger relations at to the I tl1ink existing your was a heap it Jury and -- it is proper between the tir.1e of tl1is Isaacs Mr. judge from son, or stouter, More active. to but family you could Mox Hirsch, Mr. you explain to refer the Q stouter will man and good w1 th his ( indicatillg built, man. and heavier Ur. Hirsch, was he stoutly broad-nhouldered ovn observation, !,r. muscled, here stout and your son-dn-law, better lying Very build; seen hir:1. frequently Which waq the Q your of his mv fa111ily the is a disthey should deceased and difficulty? A were not very good - Well, family. How were the relations family? A I believe she 1.~ould poison The same, but between she is me if bitter Mrs. Arthur against Hirsch the and your whole family. she could. Now, 11r. Hirsch, dor.' t voluntier as that. any such feeling MR. SIPE; MR. CONRAD: Sir. Mn. SIPE: He is answering yo tr question, I don 't know. He uay be ans':7ering it truthfully, rntt I do not care for him to go to that extent. ��--162-- Did Mrs. Isaacs, Q she visit the at your home,or Q Mow, expl::i.in what relations vrnre not very They didn't was there and Mox Hirsch, Their talk together? of this were not you yourself 1? between other? A Mr. Isaacs, Well, waen 't their on rela- very good. about Christmas. terms on speaking this with Mr. Isaacs, tern,s. were r.ot on S!Jeaking that A The last Isaacs? on :friendly happened, terms at at the the time time of we were not. How lonE; before Louis No, sir. A At the time A thiR rnis:fortune, Q Last Very of ten. A talking-ship we weren't A You and Mr. Isaacs affray? Q sir. existed on the did talk. son-in-la Q of'ten? good. Q They didn't Q come to your house; A Yes, And her t.ions child not? Q one Part, your your daue;l1ter, Christmas? Q What was the had you hact any conversation conversation A character I had was somewhere along When he ke t stor , on north of that with l r. Main street. conversation? R. CONRAD: What do you mean by that? MR. SIPE: I mean to bring out the relations that existed as shown by that conversation. Do yo. ffidan to ask what conversation. l R. COUR.AL: the l·H.. SIPE: tion, I asked as near ;vas ,hat was the conversaas he can repeat it. CO:JRAD: Then I object t ion. 1 R. SIPE: (To court) I can ask ~'hat that conversation was? I did ask '.7hat ,,as the character of it,to elicit what the relations were. I will aslc him whether, in a conversation which he had, at that time, Louis Isaacs·exPressed threats . hich he afterwards communicated to Mox? MR. C03RAD: That to that ques- 1 R. is not proper. ��r • --1C3-- .MR. HA1.ll1EH: Q You say you had a conversation Wh'-rr did have you go to Mr. Isaacs' just store upon the with occasion Hr. Isaacs. to ··rhich you referred? MR. CONRAD: I object. MR. HAM ,fER: I will :pror1i8e your connect it and shov it will ial. Objection; sustained; accused. MR. HA! ER: just before Isaacs, _Q I will Christmas, ar~lc you, . hich son-in-lavr conversation son Mox? Q he said? existed Just state A V/ell, occasion, '.-rith hiL1 :;ith betw·een your Isaacs, any animosity A Yes, upon the yhen you went to see your you had a conversation and your \ exception for the THE COURT: If you vrant to ask him if he used threats agains·t Mox Hirsch you can ask that. I ttons Honor I is mater- sir, upon the other, was expressed there to the court son-in-law rt~ference son Mox Hirsch, fr. Hirsch, ,l.lr. to the rela- upon the one hand, and whether by Mr~ Isaacs in that towar~s your ':'las. ~,hat that conversation ·ras, ·what I went up-MR. co:mAD: I object. you are after. I don't know what R. HA1,1HEH.:I am going to lead UP and Show threats upon the part of the deceased. THE COB'ml': Why not ask him if heard any threats. he ever 1l:R. H.A!,LtEH: Your Honor will recall that Mr. Conrad asked Mrs. !f'l::lacs about the relations that existed betTTeen her husband and the other melilbers of' Ye have a right to go the f'amiJ.y. into that m~tter; it is right to ask this question upon the theory that it will shaw the feelings that existed between the decea ed and Mox Hirsch. HE COURT: The rulin~ of the court to that objection, if there is one, ia that the objection i!:l sustained. ��r • \ --164-- Exception the BY MR. SIPE: Q have just Please state referred, or expressed whether, the in the conversation deceased,·Louis any anirrnsity of ·court noted to ruling accused. towards to which you Isaacs, your son, for nnde any threats Mox Hirsch,and, if so, eta te what he said? MR. There are two questions there and I object to either one of them, until they have ma.de out a prima case of self-defense. facie CONRAD: we contend that there has been ample evidence introduced in this for the case, both mr the witnesses prosecution and by the witnesses for Mr. Mox Hirsch, to make a Prima facie case of self-defense, and to allow us to introduce this evirl.ence. MR. LEE: Q Now, Mr. Hirsch, THE COURT: I think I will ask the question. allow Plea8e in that conver- You mean con1rrunicated threats? state what was said you to sation? MR. CONRAD: MR. SIPE: My purpose is to do that. I it with the best of faith. am doing just asked YOU wheth.er he to testify to conn;ilJ.nicated or unco1 umicated threats. MR. C·ONRAD: I was going A 1y son-in-la1;,, Lou Isaacs,had insulted m:vtwo little girls MR. COURAD: 1 object. Q Tell what the conversation ,as. Mo; you cannot tell the conversation. If Isaacs used any threats against Maximilian Hirsch you can it. Confine your answer to that. tell THE COURT: A Yes, sir; that nigl1t he said he rvould kill the danm son-of- a-bitch. Q Did you tell 1 ox Hirsch about that? A I did, sir. -- �·,, l ) ' ' '". ,. �r • --165-- MR.. J.J:~: Do I understand your Honor to hold the wi tnes~ cannot relate 'lhat passed bet~e0n hi~self and Mr. Isaacs? in chief, THE COtJ'rlT: Jot 01. examination I think you but on cross-examination co ld. go into all the circumstances. Uo use ask you this f' or us to show the threat we can sho·,,.. the Jury the conunder which that threat was made so they can understand the circumstances. tithout stating anything as to \"That !,r. Ludwig Hirsch :1ill SUPtestify, for I do not know that, pose that he would testify he ent to his son-in-lavr, Isaacs, :for the purpose of' bringinc; about a reconciliation, an.~, after that, had been met with th~t ch~racter of response from Isaacs, don I t your Honor thinlc that would be relevant testir:iony in chief, shed.di1--.r:;light upon the character of the threat made. THE COURT: As I underst and, th ere is i;iothing before the court. question, but don t answer it because probably permit MR. LEE: unless ditions Q the I will court Hirsch, will please state by Mr. Isaacs, statement not under it circunistanceP. ·;hat and TThat conversation of that threat to be unfwrered. No V, the threat im..rned.iately Mr. was made preceded the by Mr. Isaacs? Objection; sustained; accused exception for the THE COURT: I am going to let the witness ans '!er that question, after the Jury has ret-ired, for the purpose of being rulerl on, and you can put in the record what you expected to prove. MEMO: (Jur Q Lr. Hirsch, that. question explain Q insulted feelings the any language preceo.ing 11 there that 11 he JI1ade. I 1e·~ please A On the bet i'lean hin he 'JlOUlQ kick -- he ~;voulc-Z. kiclc. her very- bad. it, I mean the language was some trouble He said or expre!3sions 8ir. that night ir:i.mediately th'l t I and my girls. He daughter,-- her rny little out of the house. uy there in if you ,7ant I will rish you ·uou.ld explain statement my girl4. name is Julia my A I \!hen I said went up there from court-room). which you do not understand, it. went before if I have used retired That hurt to see him Rbout it and told �,. ,. �--166-- him, I says, does anything Lou, going will kick my them right is And it's place 11 to kill is tl1e last and he says, God d· nm equal to you, with 1r. sir. COllRT: we are not trJring tlie case no-.'r, hr. Sipe. The objection to the introductlon of this testi:r.i.ony is sustained, and yo save the point on that ruling. we court a.d.j ourned morning. THURSDAYMORNING, Oct. resumed, as follows: LUDWIG HIRSCH, resumed Q cor:1es into him. MEMO: the if you come in Mox Hirsch 1 n. LJ~:;:;: Of cours ,J, for Mo, I 11 the.r come in nw ho me I time you had any conversation THE dant or to come to me and I God damn son-of-a-bitch that Yes, before your If That A it to do nothin;2~ of the kind. and if Isaacs? cloes you any insult children face, rny ho _se I am going Q little your them out. house; my wrong to you, would. correct aint if 11 stand 7, save the until point. tomorro 9: 30 tes tiLOriY for 1909, and further examined by 'I defen- Mr. sive defendant: Hr. to a threat Hirsch, you 7ere which you stated asJ~ed on yo sterday yon hac_ cornrr1micated evening with regard to Mox Hirsch -- ( To court) Now, I understand your Honor to rule that the ciEcumstances whi h led up to this conversa~ion I vrnre not admissible. Therefore, the '!Ti tness to state wa1 t to caution what was said an .vheth er he cot rnimicated that to Mox Hirsch. 1 R. SIPE: THE CO~RT: In that connection saY I have reflected I want to on the pro~riBty of that evidence. According to 1:w be~t recollection of the evidence, the evidence of the threat made by the is premature at this t.ine, deceased and if .1r. Conrad insists on his objection I -::;ill sustain it and strike out that evi enc e. IR. SIPE: 'le would like question. to discuss that �., �--167-- TH:illCOURT: Fir st, let he ins·sts on his Mr. Conrad objection. say :vhether R. CO!iRAD: I do not like to make an inquiry in the presence of the Jury. I do not know that I quite clear~ undArstand the co i.rt. I thought nu objection yesterday ~as tenable on the gr01 nds stated. MR. SIPE: Now, Q made by Mr. Isaacs r. or the Hirsch, occasion merely that state rrhat threat you mentioned was yesterday evening? THE COURT: He answered evening. that yester<i.aY MR. SIPE: If' th 3.t is correct asl<. it. I 1vil.l not THE cOU:tlT: He has answered t11at question. That ans~er is ruled out and I unnersta1 the point is saved. Exception Q Mr. a_.pearance Hirsc of his for accused. , did you notice Mox Hirsch's face, this soon after Q What did you observe, he showed me where his lip arn:iearance, affray? A A Well, Mr. Hirsc? had been cut. or the Yes, sir. I obser ed -- Where he had been hit in the mouth. Q here was there along Q any other there, (inid~ting) Did you notice was on his injury lips? A besides he said,-- in his on his along mouth any other I noticed a couple lip? his A cheek evidence ot' of places SOL here. except here e- what that were blood. the Q Blood Q You say his affray? Q of the even with V t ree after ~ir. ou next tarward are sir. mouth was bloocty when you saw him next the building. There Yes, A Yes, A Where riid in front alley. spots? see Hox Hirsch? scales, There buil0.inzs right o ton is a pair d.o :n at A I seen him rie;h t the edge, of scales the I mean, in the tanyard, middle and between ��' . , ,,.,,.. -- the is cecond building a ctrive-v;ay street -- through I mean, out on the engc across the stable How near Q tanneI"'f there, sir. yeR, is on the across to German is your the to enter right street and your side of the sir. alley the width alley from your stable, would you? come to Q How id you,,_meet Hox Hirsch Just A on the north to that Just that of' Water street, yes, stable A t e street? so 1th side Ride; builo.lngs? Q In order street across on the other A next there to iarcls my stable, immediately :frorr immediately street? on Vlater street, and he ';ia~ standing to Water street, is street is builrt.ing, of the walk. The tannery Q thircl there, next Your stable Q the anrl the ... uo-- ·rhich runs of the street. you would simply Yes, A between 1 cross ·ater sir. there? He sent A for ri.1e to come down there. Q Did you have A I did, or not? Q Will some conver,,mt io 'ere was t.here you state think they you within talking at that ti1 e, sir. 1.vhat t at conversation hearing to you? were right A behind distance was? ed; exceptiol Objection; sustair a cusen. Q 1 ox Hirsch 1'1i th of Er. They were right me and Baugher close for when lox there. ox when I was talking Objection; sustained; accused. the exception I to Mox? for the MR. HAHH.IS: We have the right in the Bill .~at we expect of Exceptions to state to prove by this witness. 1hat you expect CO~lRT: You can state prove by that question. to MR. SIPE: a I question Q How long Mox Hirsch aft er the and 1 ad the talk affray iVOtlld. like to interpose -- v,as it that you \1ere with him in the alley sent for in the presence by �'' �--169-- of Mr. Baugher and of I suppose A and twenty it r. Branner? How long r;as sor ething minutes. like so :1ewhere along ·v,as it., anywhere lr. Hirsch? bet 1.'Teen fifteen there. MEl.10; Mr. Sipe writes out what is e~ pected to be proved in an, ''Jer to previous question,and hands to court, as follovrs: "Object of the question to prove that witn~ess in the conversation, a Part of which was ove.,:heard by Mr. Baugher, asked Mox What in the vorl,l 'J'as the matter? 11PaPa, to which 1iox responded, I had ~o .o it. I couldn't elp it." Thereafter objection again sustained court, and exception noted for a cused, Mr. Hirsch, Q mediately follo 11ing this difficulty? 1 Q Did you see any evidence A I clid not. and the next I right? of the It A Mr. Hirsch, not, XQ possibly like hin hich but sons I simply Th~t he had sent to me tl1e tannery XQ baby that -- night? that night like scales, stable a9peared me and kissed son Joe me; brou'"'ht you the message? or the A He sent It who broug. t the yon to meet him there or right for in the close alley? e -- at that might mes$age. the point he would to see me, and I went down there right message somebod,y did, don 1 t reme,ber A you this scales rho told for to be me. '1ho b- ought to see you at the Where was he when he sent he was in. the It BY MR. CONRAD: your G you did 1.e~t hir:1? to talk at v1 Mox desired One of your be, XQ at that it I don I t rer -ember A to that child? hugged crnoss-EXAMIHATION was it ir.i- ~ir. I did, of injury evening, day. and all XQ A baby that in my arms and rrL!Xsecl it had it Q You saw the con~ition Playf'ul Isaacd did you see· Mrs. by the the ta:rmery alley. th t mes!"la6 e to you? there. to meet A I suppose �t • �--170-- Did you kno':7 where he was, XQ or right in f'ront Did the ijQ of the 1 there, instead of ove:c in the was over say that or rrhy he r5.id not in the tannery tannery No, he just A said exactly :1hether it say he street, came back question and brought the XQ You say you did XQ · You say that wit! ess bi tch; stand vrasn't I will kill the damn my ad ting )-- Mr. Isaacs made as, ! will 11 A XQ r. at the porch :put the II after Hirsch, the I saa.cs the difficulty XQ Didn't Joe Isaacs? the I did boys? the not. No, sir. A on damn son-o:r-a- damn son-of-a-bitch, "If he co ues to I think I did. the part not my house had started? that II of' fact, brother did edge of your I did, get A No, sir, Jury, if he cor es to on the A e yest er- can recollect. I sir. on Gerrnan street I did not. Did you have a conversatio A in it to tl about started? ~rou, as a ma.tter house" ruy statement not -- difficulty yo? sir,-- k·ill on rhich you said in your off I did rhen he ·.1as here? XQ Yes, kill else. sir. No, A you say you were sitting Mow, didn't XQ I will recall Ur. Leon Hirsch of your if he comes to to it No, sir, time Uo, sir, a threat, He said, A someone A after 11 I cannot A to the place fr011 Mox? Did either Didn I t you t en leave housetr? was? 1 not. A I a.o not recollect. XQ street. on-of-a-bitch. daY when you referred you? tarLrtery alley? or prob'3.bly and message house"? You. didn't XQ messenger he me. in the over 1.78.S bark-sheds? ye!:,terday my for the what he said, if he comes in he sent stable recollection my of yo·.1.r boys go over between ( Repeating XQ the there To he was do1,n on water XQ Did you or eit:ller Bruce 1he A s one of my boys 'I rhy he didn't :1ant to see you at the You do not know Tiho that XQ Mox gave any reaRon alley? alley Did the messenger XQ stable tanyard. essenger cone u in the A There or not? vith tr. A Yes, J. 1. Joe Isaacs? of the deceased nan? sir. �t �.. ' --171-XQ YeR, this that him that tell have catche I could hir gotten there i'fOUld have before hirn I was sitting I t care had been it t,u.rbance steps. on? Something 30 or son-in-J.R.w, likv that. of the road, able the to get there pretty and t e fatal of either I heard thirty XQ Th~t I mean, discovered for it reach one to stop the, gutter blow, that sitti1 in tin.e. g down there fifteen. was any d.is- like twelve That makes it or less. at least, his f'eet goinG on in as soon as you heard to go? A to get Yes, sir. to them all and the 11ovement 01t had occurred feet 1hich your voice. one of them? people rnre ·?as so .,ething you had tine me !:tnd I was some distance lively, I told A I was trying was a disturbance towards me I ctid not have thirty towards one I grabbed. them and to catch ¥here you Probably was involved, ooge of the hold from riaybe r ore XQ And you say before at to separate To my notion And you had. only trouble which that short. A As soon a rock? XQ A 35 feet, Isaacs, Hirsch, blow? But I couldn't <'Listance And you kne. XQ I could. t em coming up the walk ·one I catched. 1 rhen you f'irRt v1ere going whic too ~/hat ':1as the to whe1"e they I in yo tr home and that the fatal hen I seen in my porer. Hy arm was a little XQ Arthur care didn't to prevent on the porch of triem, I didn longer over l rs. thing I did not. been a little I really ce to the whole No, sir, A he ra1 I ran up and tried that fighting, in refere one of them .. too lnte j 1st hin have prevented in time? hi111back. for with Didn I t you say to hi1;i tJ1a t yo 1 · ere you ra.n out nearly co versation you could ,. Lou Isaacs have held XQ if dicl .. if my arms ao grabbing this in case, told it, I you, have 1 A XQ Didn't you had only if I sir. A to the v,i th out your If' they to go. 1 TJ1ey from them. coming af:l fast vo ld have saved you sone distance, t e center being ,re coming we1•e They nere coming coming as they ..,,ere. then, by their �t �--172-- coming to·,13.rr'l.8 ou? A Yes, I had somethir g like twenty they .ere sir feet right to go until rapidly. got to I I suppose 1em, but h. n I. comin:; faRter Did you see 1 ox throw XQ cooing a rock? I dio. not A see Hox throw no rock. XQ You didn't heard see hi11 t 1ro1.; any rock? XQ Did you hear XQ Did that the occur Lou Isaacs' rock before vo.:i~e? strike the house? you started I::' th0re A sir. No, A I clid not, A o·,:r. there, before was anv thro,m it sir. you must have been. When you got there XQ been knocked Hirsch this and Isaacs Just XQ You got there on the sae her knocked bef'ore her, edQe o~ when J,1rs. Arth of' l!ox. tovmrds had 1I' Mox was coming him. he curb? They ~ere going A pavement? before she ".'JaS and others h9.ppened? A Yes, A Rhe run over :·r1.R On the pave1ent. sir. A I dicln' t kno::!l<.ed rlo.m? run eve ...... or knockeci. '~o'Vi"n -- you say she say she wa.B 1<.nocked dovrn -- you got A I seen her. I di1n't get close there enough to but I seen her. XQ How close in reaching my arm. distance vrnre you to her I was, I::' 1zy arm had been was grabbing XQ If the hindmost you grab A I su1;:pose when I ..::,ot over longer catched I coulcl have you say, the length of one o~ the. to grab Hr. Isaacs? A I 1.:.19.n. Mox was retreating ihy didn't then? I suppo e, a little XQ And you endeavored, man, rir;ht do 11m. I seen her Whether that sine on the pavenent? XQ was run over at the there Hirsch sup o se. :1ay, I XQ Or was it XQ by the was coming Mrs. Arthur I got A right XQ That was right up that was before do m, v,asn' t it? as to my notion way it him? right to vards you he was the A I was not quick t·irst anct. he was 20 ing ��--173-- close to the pile. V/hy didn't XQ A lumber you grab Bec3. se I wasn't XQ Th0 fact one of tl1e1r. at quick is, '111? it neither XQ so, that you didn't A I coulrl.n't take get holr: by 'lords nor acts7 hold o:f either of ther .• say a 'vord to Mox, -- so scared anri.. you no effort .ade I coulo.n 1 t I was scared, A I 'w,nt ed to get :fro1r1 the back', ard point Lou Isaacs? see Mox 1a. rushin~ backward point backing; XQ Do you remember to 1 rs. was attracted. to the road sir. I noticed a step or two yet. saying Arthur them. to them, Arthur road until he did, Hirsch he e;ot to sir, as near the un:fortuna t} 1 fell e as I could t.e lick or not? came. A I seen him see them at I did not strike sir, were probably point I did, 1:1a.king ox was backing on the west as soon as } ox hit him on the side side. Isaacs on at of the l1ead with him with Mr. Isaacs? looking attention sir. see him strike XQ T11en you were not I 1.ooked over, A Yes, XQ Did you see him strike A A Yes, :7a<s very -quicl<.. you 1rnnt right XQ Did you see · i 211? they U' and from that or in t11at direction, head_ '.7ith the board? A condition, When I turned house, th t •ro on yesterdaY Hirsch's The thing l yers' XQ An1 then rras struck? anything l,rs. A Yes, until you di~ not out board? to interfere, sir. yeF5, I. rs. I said nhere in the No•.,;, did you see '.rhether XQ tovrards that A Yes, sir. them. down, Mox vas backing he struck talk? dici. you a ttem:pt recollect between XQ Now, you say, rhere you co:11''.n't nei tl1er by word nor act A No, I don't did you? the Pile? 0 XQ You --:,ere scared, his the ·1uuber I waG worrierl. talk. only he crossed enou h. then, XQ And you didn't to stop him before them at t di<'ln' t see it. the board. A I did the not. til'1e the olo ·1 ��--174-- XQ Loolcing board? rigri.t at What prevented Probably it your No, sir, thought that bably five I noticed Yes, notice pile? A exactly. lu1.ber I dicln't A- No. ~ich XQ of' him? A A XQ there. I time -- I of it. at of' the Pro- A been not that. the time lumber Isaacs f'e11? pile. south, towards Isaacs he fell? A Might have more than there East the middle ann. the lunber or Yrest of' the pile, or to Isaacs? haYe ti fell e to street. 1,cre you? him up in my arms. t11ink I did. ti laying side. on I had one knee A fall, way I lower side d.own on the and arm together. e to look up then What was he dOing? that the up1,1er or the my knee I did you saw hin and I picked head took sure when I got my eyes 0 1.ver Well, reflect. you are not of' him were you on, And you A -- I was on the his pile When I looked side and ha XQ noticed I exactly. a'YaY? Well, between to the seen him laying ground steps sid.e XQ And when Mr. Isaacs axe you? i.1ith the board? sir. Closer XQ Yes,sir. A be certain recollect a little other Then you rnre XQ Isaacs couldn't iihere were you stanrl.i1g of the lur ber A I Do. you mean you were on the Horth, XQ you? Hot that A I don't or six probably I was on the A fall? rrnre you away at the or five Well, nig.i.'1t, did v1hen he flit him drop but or three, three; XQ not see hin know. it. see tl1at I don't ar1ay. or six Three more than the not. How many steps XQ side not I cmtl~ He was a f'e7 steps XQ him with Well, A I couldn't Did you see Mr. Isaacs XQ see tox hit it? see Mox retreating x~ But you could A seeing was done so quick You did XQ and didn't I did not. A XQ it He was just and see v1here Hox .._.,as? a little piece above ��--175-\ I had A What was he doing? XQ t 1e other man to look at. had I t look the board XQ Did you see t,he board laying full there. A No, sir. do ·n? there long beca1se of Isaacs? beside I dirl not. XQ Did you say anything XQ He re.t up the road. I llad that a~~Y ~rom there did not I 1 man to attend You say that XQ I did A Isaacs? to Mox at otice time? Arthur say so. Hirsch She .ms run down to run she ,ms down he didn XQ She was already Mox l rs. Arth r Hirsch a · Isaac,. aimed do,vn on the her XQ Then yo ed her dovm? I call it A pushed I no idea; ot in betweer th lumber dicln 't her, m in break he? over- her. you when he I told at Mox -- break down by Mr. y him. to run sir. so ..e vmy and Mox .was b eking he ran over her and pile. do mean to say that her over t have to make another PusJ-1.ed her over A no, down? went to ma..l<eano her when Isaacs I have waB knocked XQ He hac. to knocl<: her No, if He .ms further A v1hich way he 1ent. A Mr. Isaacs. away -- Not 1.'Thile A to. rs. not at that XQ V!ho run over her? A tirne? that I did not. he was there pushed at hi hands my XQ Did you see him thro1 A hit 1 I did1 over. Isaacs ran You may call over it her and knock- knocked d.o !'In, over. XQ Did you see 1.ox \7hel he _ ic.kert up that rock? XQ Did yo·t see him 11he1 he picked board? up this A A Ho, sir. No, sir, I did not. XQ Then he had. picked had one in his board his in his hand, hano. before U}J both the rock anc the board, you got down there? hen I sa,7 1im. He had his kept his coat on his arm? he A He had no coat laying arm. XQ He still if A Yes, sir. across �r • �--176-XQ Hari his after Isaacs coat a little lilce atter bit arm still fifteen the I noticed lUDber pile, out rrom the Nearly I do not know hoTI wide the street lumber two-thirds my notion, Yes, air, and his one week -- XQ Inviting could yo,1 to his MR. home? letter A from tlle west curb. not being where hi~ living thought I t rnnty XQ LEE: to it, laid? tovmrrlR 'ir. family, o say: 1 Isaacs didn't he wai:: killed? A yon get Isaacs. You n ean the dead. man? me to his sir. feet rr..e, being did you? an apology to it? close A I did not him awfully of me if he co tldn 't that in his t rms. must have hurt and made no reply ~ro,.1to He a!Jologized home. macle any reply, he tenderert he out,;",t to face About A frorn whom? letter COrTRAD: Yes, conscience or tvrnnty-five And although no attention thouglJ.t his heat to clo it. relations on speaking XQ To which you never because I you ~11 be on good. terrc~s ::ind inviting Did.111 t invit.e to r,e for think 30 feet f:.i:'on h ir.1. 1'1R. LEE: his am made it head, MR. CONRAD; Fror!1 Hr. that street. 11or.ie? MR. XQ Asking was so ething his .. ossibly your letter A feet ti;ifo y1eeks before I got yec, not? or five of your towards from him about it yesterday as I peaking unfriendliness a letter there as near You were XQ is some four You sho ed over vhere is. 30 feet, was laying XQ A is about to acro:=:s the we stepp eel it from curb to curb. That pile it l R. J,J::E: XQ his a foot probably A I suppose Mr. Hirsch? I reckon. feet No, sir. A in the road street. distance body i.7as found., v,hen he was out down? bejonrl in the What was the XQ Isaacs on his had been knocked laying or such a coat face you ignored A No, sir. to me. to be me. it, paid I ��--177-BY th~ XQ difficulty your wa1r, wasn't he? son Rieves A Yes, or just the a :few days A I think he? wasn't corner so, after How lon~ his arms yo that 1 a speak 0 has 0 yes, of? three since told in Balticore, ago, of I think and t11e other I believe? A Yes,sir. 3entlema.n the A I am the father trouble? of Louis vrJ10 Isa~cs, sir. Q Ho-.nJold rras your son, do yo 1 recall? Q I would be glad, Mr. Isaacs, if A About 30 years you wou.lo. tell hether, in vie...-f of his size, he any trouble 1"1ith his heal th. he was grown up I never I ever had occasion as to his I believe, muscular dis as an average, What was his weight, Q Do you knorr how tall uell in his ha.r1. any trouble. a doctor why, he he ~as fairly Q developed, as I can remember, He v;as very to c3.ll osition, ms a well well Mr. Isaacs? he was? muscular l1ad infancy., his Jas fairly boy, never I don't in for old. the Jury, strong or not he i'laS or had alvm.ys been a heal thy, my Lou, as well I arn. arms broken, of Mr. Lou Isaacs, A Well, that fractu.re you. the rt.efend::i.nt by Mr. Lee: youngl!.a.n? after to tell asi~e. you live in this led, ago. to stand you the father not able 15 years so:11ething like years was ki had this Uox Q Mr. Isaacs, whether and been for was killed of the diffi- ma1 Isaacs A I a. examined Are of this sir. HEJUvtAlIf'AACS, Q ~he tine A He had one of his or four witness yes, it must have been about one about at this XQ · Where is he no.,r, Mr. Hirsch? XQ the time A I do not recollect. afterwards? He was here XQ at sir. XQ Did you see hiD up at culty was here re11ember heal th. well and And developed. ~eveloped. A About 130 po 1nits. A He v.ras an inch taller than �r • �' . --178-- Q How tall think five are feet you, A I do not kno.i, sir? I two or ~ru.'ee inches. MR. SIPE: of this You came here Q exactly, very You were not here at the time difficulty? A I was not. A I came here oon afterwards? the d9.Y after. Q You were on friendly I have yes, no reason Q And your relations with both parties? Oh, A to be other 7ise. relations are still the the A Ju.st same, noi'l? same way now. WitMess aside. for Q l r. in Harrisonburg? !arren, you live Do you know Hr. the Hox Hirsch by Hr. defendant and the A family Sipe: sir. Ye8, vrnll? Yes, A I know them all. sir, Q What is your pre."ent the Adams Express A Yes, there and and Mrs. Q ·tate Isaacs? the streets? office frequently. extra seen A seen -Yes, A Have you ever -- deal. to the Jury, summer you have around Hr. Warren? I am agent A we board In stable? our horse hauling. ether the or not during first the Past do you know place, sir. them with Seen 1r. Hirsch's to be about a good do our hauling Q Will you spring have occasion I am there sir, and they occupation, company. Q Did you ever Mr. to stand THO AS V-ARREN, examined Q for told their child them quite often. from your office? dm the carriage They came by our , Q. Ho'.7 far as far dirl they as from here across Your off ice is at live the street. Just A the Tl1eY lives other Rirle of' the bridge. Q the corner of Gerr'.l.an and west Marl<et �r • �--179-- \ streets? A Yes, Will Q this child sir. They lives you state of Mr. to the Jury and }:rs. or not you eve1~ observed Mox Hirsch? a rule. Well, A Nearly would Have you Q I have seen this -- seen are What was the tre,tment A Just as could Did Q sir. and playing What I mean, children together I A press it clo not Arthur cannot 7Ii th all little seen M. any She has saw the childI·en Q something A I think notice ·1iu rolling seeing in the· cart? cart with Artl1ur There it both of the Hirsch's child? with well, except is is. ·was nothing him there real it A Yes, a little to im- the children •• one of Mr. girl. She was has something the matt er li th her eyes? the rnatt er wi tl1 her eyes. she is a very thing. Ani you saw this others there? time. A Q that occasion. I think She is the one that little and I there, or whatever and Lrs. cl1ildren children. child go-cart s. Isaacs Q sociable as evenings, by Mr. Hox Hirsch? I would hir.r. using recollect the the 11and.s of of the children. know any of the all children child Well, just nearly at and whether be. upon me, except Hirsch's there of this A in the -- stable, ones. see hir'.l have this Have you ever Q I you ever saw or some child. Q around bridge. on Sunday t 1is chilrl_ of Mrs. Isaacs Q What would he do? it the received. there several n.ifferent child, as nice it I am generally the or not you ever theJ."e about treatment there across whether Isaacs the always see them there just there to. other young son etirnes child there there? A Yes, would be three sir, or four there. You are satisfied that yo~ -- MR. CONRAD: I object. MR. SIPE: Go ahead, 1R. CONRAD: There Hr. Warren. is notJting for him to �.. �' . --180-- say. You start eel to asl<. him a question anr1_I objected and tJ1ere is no question. Go ahead, 1 R. SIPE: 1.m.COHHAD: ,.r. warren. ahead 11Go ti what? Wha were you ~oing to say? Vha t were .,,ou goir1c; to say in answer to the previous question I asked you? MR. SIPE: I was going to say that I am satisfied that I. saw Mr. Isaacs' little child. WI Tl! ESS: Q And what was the character child by Mox Hirsch? of treatment Why, he was nice. A of' that Never little saw anyt.hins wrong. Q You saw nothing to indicate· ill-will COHRAD: CROSS-EXAJ; IFATI ON BY Jin. XQ Yhat color really I a small little hair? don't do you mean all I direct is tionate to this there tllis child fell, A I have there child se.:m 11ox there XQ With the I am satisfied It is quite have the Rf.I to the that I had nothing of looks. to par- chilr. in your mind as to vhether Mox was so 'Affectionate say t11at he was par tic I don't ,.e color vii th, aff ec- ilar child. to it, particular do not 011, I baby hair. light. is uncertainty XQ I saw, by reason attention A But you knorr how baby hair not really attention my Therefore t there? it's babies ot l!iean that. was the particular this reckon I child? child. is not dai"k and it XQ has Mr. Isaacs' kno. No, I do A ticularly isn hair Baby hair, XQ It treatment? None in tho world. A know. in th3.t that is of your uncertainty was th object vii th the children? havi1 g nothing in your of his rour to at:bract mind as to whether attentions? A I say children. A Yes, one of them sir, ni th •1as Mr. Isaacs the children, child. and �f • ... + �--181-- XQ sometimes there were tl1ree or four chilclren thare? one Mr. Isaacs Yes, A sir•. And you are XQ XQ Just jud.ginu Yes, A cular sir. for that or doing the ~ms ith child Artur from wheeling it along is office, the 1 ·1 the is that J saw it 1 I '7ould child to ,heeling A sa 1 the child? wall<. that cl1ild out. of the it told to stand for dcfenrtant ho'; old ,~re you? A v,as Hr. Isaacs 1itll her carriRge but _ requently come past you sUFPOse it kl ow. I do juniper. A On hr. How long have you been v10rking last Jay,-- A I Most of· t.he time ire at Lee: on tr;ent r-t Going Hirsch ten years 0 I s place, -- 10. farm. neighborhood? old. for l,r. Hirsch? A Ever May. :vork for and_ mo t of the by Ir. livi1 g in thi I TTas about did you that asirte. Q 2Gth of fact co J.ld vall<., or not? Ever Q than I kno'7.' of. long 118.Veyou. been since it A I do not A farm child it. was Mr. Isaacs I ever I judged Ho, sir, Ho here any parti- fiu,m the see a baby Q Q it Isaacs see Mr~. Isaacs unusual XQ Where do you lire? the Isaacs A the pavement? Mr. Hawse, the cl1ildren? paying i r. ms Hr. ISAAC HA.rsE, examined since of his more for child? othing itness Q the Hirsch remember XQ You c.to not know· wh ther never child? street. s who is XQ How old not kno it that along a w01 was ·.ith anything Hirsch's the fact XQ There your 1aR others. XQ You ju ged that it it BUt I don't attention he did that sir. Yes, A satisfied them? in the the A worked for stable. stable? A Yes, sir. theL: smr e on ��' . --182-- Do you kno··: Mrs. Q band? you kno r their Q What is Q Do you know who furnished child as far to drink? as I it to Mr. Isaacs to the house. taken· na111e? it 'house for Q Did yot this 'I it ever Hirsch Which Mr. Hirsch? Q Have you ever Q What were A A most, it from this the this but I seen A c1ild there out it I think A Yes, sir. A Yes, .sir. on the tl ey farm? or.ce. Mr. Lud"" ig Hirsch, thi:=i 11 ttle taken it. yourself? little 1ilk and carry :farm. Miriam? it out the t e girlcl I think child, with In the child the old gentleman. in co. :Pal y 'Vith Hox stable. t11ey doing on the in the Q What was his there together? a11d one pony, time A I seen 1hen I seen theL them he had· the pony ·vagon. child, treatr.ent as though of that he liked little it child? or disliked Ho 1 did it? A he Treated vrhen I seAn him VIith it. Q ~as he kind exactly, it for sir. Where? Q Hilk to bring Miss Emma crune for ancl I had it A Yes, Q well procured f'urni8Jle(1. stable brought have Q the baby the Played Hr. that -- Hirsch little A treat milk Miriam. nd son,etimes Q Have you ever he had at I generally do~m Hirsah? Ye'3, sir. A Miriam. r. A was it Do you kno Q A chilrlren? hus- coulcl. Whose duty Q baby little Did its and her " sir. Q little did Yes, A Arthur '1nd Mrs. kROIN Hirsch. Isaacs and gentle How many times but seen hi1 Witncss with it? did you see hin time told and again to stand A with vrith aside. YP-s, sir. it? it. A I do not know ��--183-- LESSIE IlIRSCH, examined Q You are 1 iss A Yes, Q M:iss Les ie, and your the defendant Hirsch, by Mr. Hammer: a sister of Mr. '1ox Hirsch? sir. where were you on the evening had _,his dif'ficul ty? the Jorch vrith you, A your brothe+1 Sitting out on porch. Who el Q sister Lessie brother-in-law front for Julia, e was oi Mr. Benjamin MiBs Lessie? and ,-r.Aaron Goldstein A My wartz and my father. Q I believe Q Yes, Q What tir:ie clicl your A Between Q After downstairs Q at the your brother brot 1er Mox come from six half-PaPt he came from :=ru.pper Tfl_ ere and quarter the day? the farm? of seve1, I suppose. he bot suppose did he o? A I wasn't supper. went to our A te-1ple, up synsgogue. A Yes, for synagogue After Q He passed out h01. se, going north. Q What first attracted your attention Church wae over 1,vhere did you next yo 1r brother some noise, services that night? sir. Q see your brother? to the diffi(ml Hox and yo r brother-in-law ty A I hoard Isaacs? sone hollaring. Q Did any or the A Papa first. Q What did your parties on the porch PaPa do? A He ran WITNESS: Did you go do ;m there move at out that in the time? street. What did you say? MR. SIPE: Q farm that farm what did he do? but Q He went to the Jewish between on the sir. when he carre in, After Mox had. been He ran yourself out in the street. where yo r father and your ��r • --184-- brother-in-la A vere? 7 What was your Q A He had Lou I did. fat},er his 01 doing knee, at his the tine you got head resting there? on his knee anc1 arm. something Q having has rnistreated and Mrs. Isaacs, you have ever or have anything take it in his very kindly. place your I seen said, arms and play any of it Jury sir, dif-ficulty I di not whether that it r. not 01· little child ,oney and treat or trageey see of I ha e seen him and.Give the brotl1er daughter handle A Yes, with the to the er Mox Hirsch it? No, sir, A child, you .:/Ould state to do with there? little yo r brot abo 1.t your Miss Hirsch, sister's ish Diel you see Q been that it took it. BY MR. Lee: It Q is a fact whicl1 you speak, A And that Q you is With eraPe Q And this 1ere out that the porch veTJ heavily of your covered house, r,rith the porch of vines? vines. was in July wo tld on the when it prevent was in full yo 1r seeir1g pave1.1ent in f::ont? UT,> in the Yes, A A leaf? Yes,sir. street unless A I was 8ir. OROSS-EXA,INATION BY HR. CONHAD: XQ At wh:1t point sitting on thi XQ If that corner you occurred, A .ere XQ It south side house, north sister was a swing the porch. 17ere you sittir.g? on the sittir~g the was on the of porch, was up against 0 There of the sitting a ainst XQ Your other swing. porch you were The bench was straight on the side on the porch on the the this next north ~ay, of the porch.- to the house side house. was where? on the bench. of the The back and not porch? A Yes, she was sitting The swing porch? of the against A .·1hen the bench railing. sir. in the was on the �r • ,. t �--185-- It was in the XQ Well, and that water you? the Isa'lcs first ran? Yes, A had been and called out for your this assault to the corner father, of dicLn't not. do that? A Ho, sir. at no ti.e? A Ho, I underst-1nd Do XQ that there lcnoclce: do n, you ran sister did t you kne"T that I did XQ Did your XQ Yo e porch. Gervan street No•, sir, A oft had been anl street center you to say that fro111 the porch? sir. your ju .•ped up and father sir. XQ He startecl XQ And yo right did not get up to see Y0", A ;1hat it sir, was? did. he Indeed, A I did. XQ But didn't see I got tl1ere. It Your f'lther junll)S before XQ porch and runs porch? XQ Before bee 1 knocked here ana you roa 0 V right it. see was over It o_ the rnre sittin:3 er'l.ge of the rigllt on that sir, et out do n and vrns lying XQ Just onto there tl1e :paverrent Lot'!. Isaacs in the ro3.d? He A had 1!!8.S do·n there. as soon as your had happened, had happened? Yes, A WitnesR kno,,n up fro you could when I got out something I did not A was done in a rnirn1 te. in t out Yes, A it? w. E. Q You are r. Q You live in the SNELL, father and yo 1 jumped up and ran out to see vhat sir. told to stand Examined :for w. Snell, as the old Helphen jumped ·1p and ran you knew E. aside. "efe1 dant by I believe? Han er: ir. A Yes, double house on German street, tein property, I believe? sir. at one tir:1e A Yes, sir. �\ �' . --186-Q And that in this difficulty by yourself and tl1eir and ife, little and the which at one time A Yes, sir. Q T'nere is had There A Yes, said is Part to co, at of Mr. Isaacs 'lork, betvrnen Just state A I do not know whether I just Now, Mr. Isaacs then, sir, Isaacs and. 1-trs. Isaacs :..i. Snell, nicate there \7i th time? of this down the you heard r. the r✓ as t a rooms? 70 Yes, A tragedy street sir. ·after and after any convers:ition m1n Hrs. Hr. in Isaacs? Not what the conversation was, but whether he heard a conversation. COHHAD: i:1het er you heard heard r. the pres~nt the evening from his r. side a door. still ask you if,on by death sir. .vas used Q to .. rs. o. the noth I believe, R. Q was occupi·ed so thern a door there returned kitchen not. rnet his the tir:ie you were going suP}Jer about Isaacs when M.r. Isaacs Mr. Hirsch, c11ild? Q I will the yith the tine Bet rnen yo r kitchens, Q door, house,at a co1 versat ion betwei;;n them? you would c:111 it. a conversation utter I will or a co t:Dle of v10rds. ask yo· to state -;hat l r. Isaacs occa::;ion? on tha I object MR. CONRAD: {R. to the question. we ask that the jury retire so your Honor .,iav h8.ve the bene:fi t of the ans rnr be ore ruling on the HAI. . ER: testimony. MEMO: JURY RETIRED fro the court-room, when the following questions were asJ<ed the ,-:1tness in the :presence of the court and Attorneys. (Last who 1 t people ques:. ion read ms said are doing. to, 11 to i:1i but I heard tness: ) him say A vrell, 1' 11 .1. I do1 't lo ow ho he meant. no 1:1, I cannot tired say- of the way these That is all I heard. MR. HAi.ili ER: That is leading up to anotl1er question. I ari.1just trying to get in the :7hole convei~s8.tion. ��r • --187-- MR. CONR~D: which Mr. Snell, kitchen? you heard Yes, A don I t knou, I did. not. I ·.10nt say abo t that. I Maybe five I will Q make the remarl~ in his Part the front Apf yo :tr house? thinlt ilinutes. Mr. Isaacs sir. You we1 t on into Q question Go o·,. THE COUhT: Q That is the only is before the Jury. no·;;, \"lhether I minutes went on the I w,1nt t.here in the and maybe not that ask yon ·.-rhether, Yes, A when you got sir, Rtreet course I or of a few long. in the front room of . your house, you heard Yes, A you state what he said, A She said" 1Lou, you Q 11 Q 1ou, I will Tell to her h.sband? ask you, ? 11 Yes, A 11 then, Yes, A or '\.ihat she s irl. to him? co1!ie back. you coree back ma.de any rer;.ark? Q make any re~.ark sir. Q . Will _gO. Mrs Isaacs sir. Mr. Snell, if upon hearing t:hat you sir. Vlhat you Se.id? A said I Go ahead 11 if you -rant to II You said THE COUhT: WITlJESs: I THE COURT: WITNESS: Q going joking You did not kno on? that A I don't i:ray. mine we did it just If J at the tine I said 11 Go ahead if you rho were you talk in~ to? just hollared of the know what vas going I could that what? say anything it to tease to go!' out. difficulty on after ,ant what v,as that. his wife I was or he r.,7ay. COURAD: You hollared it in a joke, without knowing there ms any difficulty bet :-;een I.fox Hirsch and the dead nan, you hollared 1or him to go on? lR. WITNESS: Yes, sir. �,. �, . --188-1R. SIPE: Did Mrs. to you? Isaacs 1,1ake any reply 11 Yes, sir. She says, Yo l hush now, just in a l<.ind of joking ,ay, I taken it. WITlJESs: 11 I will Q or words to that Whether A hush. It would thing like that. ask yo 1 1 if you to shut she d.idn I t tell u,.J your mouth, effect? Me did. I vrn1ldn be about That the is all I t be })osi tive. same as shut of the he to mout11., or some- your UlJ told She oLversation that passed bet ;veen us. Q Had. you had your Q Do you kno·-,, .1het sup:per then? the Isaacs tl:lI' Yes, A sir. had had theirs? couldn't A say. THE COUHT: What was it you :first heard? The first v10rds I heard was Mr. 11I 'm tired said, of the way thos ~ ~.)dople are doing. 11 WITNESS: I sues THE CGUHT: You heard kitchen WITUESS: that thro 1.gh the n.oor? The door THJ!: COURT: 'that \'las shut. did you hear WITNESS: I hP,ard. Mrs. you come back. 11 Isaacs THE COURT: \Vhere was Mrs. • she 'Tas in it THE COURT: Where 1ere you? In my front b~t'iieen us. room. TP.:E COURT: You heard what? HTHESS: 11J10 1, ·ou come "Lou, say, Isaacs WITNESS: I taken room. WITl!ESS: tion next? Just then? the front a Parti- acl<.. 11 THE COURT: What next? \'II THESS: I told hi :1 to "Go ahead if you either one during want to, 11 not seeine the ':.rhole thing. Never seen either one of them. ��--189-- way had he started tir.ie? MR. SIPE: at that WI Tl-JESS: to go fhich c 6u.ldn' t I say. Yo l co· .ldn 't MH. COHRAD: see through the partition? UH.. SIP}J: coulcl you tell o:f his voice? :from the sou1 d No, sir. WITNESS: MR. CONRAD: Your Honor can see that there The ~~tne8s don't is nothing in that. even know that the :first remark vras aclr".ressecl to ITS. Isaacs. He has no earthly idea nhat they n.ere talking about• There isn't the slightest proof J.1:ere that it had any connection ·with the tragedY, or th.at it related 111 to it in any way, shape or :form: am tired of the vay those people are doing 111 No co1 ection r,:rhatever between that remark and Mox Hirsch. I said rnarn er, you to me, 11You like that. joking. WI T11 ESS: That sounded MR. CONRAD: Her r:ords you a j ol<.e? Yes, WITUEss: H. in a joking to Isaacs go ah.ead, and she 8aid husJ1 1P, 11 or sor:.ething to me to be to you sounded to sir. Her a-PlJeal to e:ome back, to hin, ias that an agonizing appeal :for hi•. tto conte. back, as if 1 she ··ras in uis ress; uiu i~ aounct -1Ke a serious cono,i tion in there? COUHAD: WITUEs 0 : that _ro, way. sir, it No. di1.r.'t THE COURT: How long w s that difficulty occurred? sound to re before the I cannot tell you that. I came rig1t out of the house just as soon as Hrs. Isaacs said 11You husl1 11 I car:1e out of the door and came down the street. WITNESS: R. SIPE: VITHES 0 : That Yes, was after sir. supper? �r • �r • --190-- Wllat tir.1e do you get MR. SIPE: VITHEss: As a rule, I quit work. house HT_rnss: fivL Ye 8ir. s taming ment, vlhen I came o it of 0 looked liR. Looted WITN~ss: Yes, 1m. SIPE: WITUESS: , towards SIPE: and six, Isaacs on the outside •!hen you cane out? ·ras lvr. MR. SIPJ~: of his bet7een supper? on the pav<r r door and the bridge. north? sir. What vras he standing doing? there. MR. SIPE: By hi.self, ar did he have the baby-carriage and baby? WITUESS: I wo 1ld not be :9osi tive about it, but I am under the inpresflion he did. UR. SIBE: Tnat he did have carriage? \'lITnEss: carriage },}{. SIPn: the baby and That he did have the baby btlt _I wor.t be positive. \7here ·ras Mrs. Isaacs at and that tire? WITUES : I dicl not see her at all. I dori' t guess she knew I was in the house until I hollared for him to go a_1ea • MR. COUHAD: It was customary for him to take the baby out ~fter supper, in the ca.ri~iage? WITlrEss: before thing vas his rule the last thing to 7ork and the first hen he got home. That bo ing To adl it this MR. CONRAD: ( TO the Court) evide11ce it seeLs to me nould be to put in the case something that has no conne tion with it. MR. SIP}~: It has be0n proven that at that t ir.ae, :.iher.. th 1 s ta llt oc urred which we seek to adduee in evidence, it ras within a fm minutes, certainly within half an hour, of the message delivered by the rurse, J e rnie Crom er. �r • �r • --. --191-- THE oot.m.T: The objection will be sustained. The con~ection of these remarks with the prisoner is not adequately or shown to make tlle1u admissible relevant testimony. It earn ot be a0Jaitted as independent evidence. It is not S'Ci.:fficieit to contradict rs. Arthur Hirsch. ( To stenographer. ) Note that this evidence of r. Snell's is given in the absence of the Jtu-y and for the purpose of allowing the court to pass on the question. MR. HAM}, EH: Call Ar. s•rartz. 11R. CONRAD: While you are ':'lai ting for .tr. S vartz, I would to ask hin a to recall 1r. D. J~. crousehorn fe-y questions. like D. Q E. CROUSEHO)UI 1•ec2lled 1 There you recalled is a question wi-1.1 you tell it this I him on yesterday hir:1 ·while you are waiting for me what the and it Ho':7 has it been ke t, you by Mr. Albert? A Yes, Q Has it was delivered. Q Pas9 and examined Jury another he Nor;, just 1J as cool it :7i tness. perfectly 2 I 11 board conrad: .Ihich I will board '.1hen ask Mr. Crou.~ehorn, is? A and seven that I i.rteighed ounces. was deli veren. to drY place if ever since it (Passed to sir. Jury, please. Now, I 1ant time you were that ·or cool by Mr. sir. over· to the 'Iha t sta to, ent tolr:J. me, he says: 'lnother A Yes, At the or not he was excited i tted, 0,1 as the I to asl<. Mr. crousehorr. which I by e3.ch of them. ) question. oke up, anted ;"Teighs t o pounds been keJJt i1 to you? co-.n:or,weal th ,;-rni6 ht of this r.ornine Q for to ask you with Mox Hirsch, after any 0.irl he 1iake to you as to VJhether at 7asn' t the the least tiree he struck bit Isaacs? excited. A He I wnG jnst as I am now. CROSS-EX;JfiNATIOH DY MH. LBE: XQ Mr. crousehorn, Juiy the entire I conversation which he 1:--.adea stater ent oulrl like for you to detail which Yot had r,ith to you which yo 1 to t11e Mr. Hox Hirsch :tave just detailecl in to ��--192-- A He just the Jury? What tine XQ eix voke up.-- of night or a little o'clock XQ In 1 it? ·1a·1 That A was something after. A Yes, the morning? sir, in the ~orning. alrean_y 2:otten up anrl zone out and I wa8 sitting outside of' t.te down, 11 door in the I came in and sit do you think about this like anrl he says, hall, down on the thing? MR. 11 on a chair says just "Come in anr,. sit edge of tlle I Leon had bed. He says, "Vihat -- c ONH.AD: Don I t te 'lha t you said 11 to hin. Uo, MR. LEE: we talked A a fen minutes Mn. there but just about it, what he said. I said and CONRA..D: Maver nund what 1 I can WITUEss: said without -- you said. t hardly tell what I saifl wllat he to him. I think if' what the witness said is necessary to explain what he said I thinl<. it · s w1teriA.l. MR. LE"': MR. SIPE: I think the colloquium should be given. Without that you could not understand it. Witness best Mox Hirsch said. try TH}J COURT: XQ Ve do not thought about the in his making that this. I don't it." He sQi(t, t, ,'ha case case, to express but eive remarlt. arv k.1101 A hing 1 do you think I I said, ·17ill be the what his XQ of it. Don 1 t give A your Then he says, and I don't opinion 11 alreal'.iy talk I guess to me about i_rrnnt to hear been he said, o ttco1 e of it? MR. CONRAD: which resulted Mox, don't Ye8, 11 of uha t yon 11 my mouth, said, opinion corversation and I have e to shut of yours." the your abo,1.t it "I understand, Hammer and he told lil<:e that rnnt yo to t1~ll tlhat "it it about to see Hr. I s something is. He says, 11 11 Mr. crousehorn opi1 ion rm.s• as to what uould rm.mt not be the "I 'd beer. to ch .rch, " he says, state outco ie 1 wasn I t 11 �\. l �.. ' -193-- the least bit Th.at is, XQ he excited. vas just as cool as I am just I Tias just when h_e ca:-1e from church as cool now. ard met these 11 people aR he was then? I object. MR. CONRAD: was t TH1~ OOURT: That for is ere anything argument; more said? WITUESS: · I don't think there '!as anything nm • Af'tc1"' he _ ore that I recollact l1ir., again. told me that I cautioned I didn't vmnt to hear anvt11i1 g about it. 'Don't talk torr about it, 11 11 and he said, "All right. XQ And that was t11e end of the conversation? XQ \"/hat he rlid say to you was,· He bad just and VTas perfectly was corning from church says, bit I just came back f'rorn ch trch, 11 excited. I XQ That significance trouble told wa~ juflt all at all. except as cool he said? is 11 cool as I am now. That A I believe is all narrant A He the tine? 1 wasn't the 11 least 11 he said he dicl say he hadn't a co :Ple of little trials. that had any been in rm..1.ch I believe he me that. Q The laguage 1 at sir. Yes, to cl1 U'<"! 1 aEd been he says, DIRECT E '.A.MINATIO.f BY tH. ring A !Then he said he was at the he se~ about bei1g C01THAD: cool, to what ~aq he refer- he hacl j At cone from church tiJLte he vr'.ls talking a:a:i TTas as cool as to you? I Objection; overruled; exc~ption for accused. A In view of the he meant when the then. but I cannot judging conversation tragedy give from it, the happened language I took it we had I took he jilst ·1ac:t that to mean that as cool sea. between we both that it is told to stand aside. us there, :,hat he meant. Motion 1:1ade to strike out overruled, of the witness, for accusecl. Witness as he was t 1te answer exception ��--194-- A. M. SWARTZ, examined for Q Where do you reside, Harrisonburg, Q trimmer Q in this evening Do you recall place? the Hirsch's Mr. Isaacs here Q Who were Q Uiss porch, you, d.eath was over I to home the sir. in the house i th? or on. the ~orch? A Mr. Goldenstein. A The Hirsch Miss Lessie girls Hirsch and Goldenstein. and Goldenstein? sir. there did Lir. Ludwig Hirsch ,.,.,hen Y'JU got er he was there there? sir; Q With his he vras sitting feet come to the A I don't rene1 ,beI· or not. Did you see him on the porch A Yes, met his sir. Hirsch, or was be there Q I was, A on the porch? While you were whet t}1ere was an evening was killed.? Who \'Jere you A Yes, Lou.is IsaacR you ,rere at Mr. Ludwig Hirsch's Do you mean that Julia that home. Q Q in Window B. Ney and sons. A evening recall I A On the exactly here and draper. A hou.se, I reside A at present. Q Whereabouts Q by I1ir. Hai,. er: Mr. Swartz? For whom are you working? Mr. Ludwig Q defendant down on the while on the you were sitting edge of the PaVffirrent? porch. A Yes, Did you see him v111enhe ran away from there? there? sir. A I saw him •,:;rhenhe got up and. left. MR. CONRAD: You a.idn 't say he ran away fro~ there, you s~y he got u.o and left? WITNESS: No, sir, I ciidn't MR. CONRAD: Mr. Ha. MR. HAMAER: You ·rnre sitting A I was on the bench. back in the er said porch say he ran. he ran away. some o.istance? �r • �--195-- Did you see any Q :f the di:f:ficulty between Mox and Isaacs? A I did. not. The shrubery Q cut your vie;1 off? Yes, A r:;ir. OlWS S-EXAYillATI OH BY 11R. COHRAD: s rnrtz, XQ Ir. XQ Part an hour If I under!:'tand ,.hat of the tir:ie lfr. of the porch? you mean, the tim~, XQ During; XQ You do not ai tting there know a difficulty Yes, A mean to say, at the time aid sat ti1~1es? A on tl1e ed9"e Yes, sir. sir. dif'ficu.l on? ho tr and a half that or undertake of this was goirg eve1:.ing? sir. yes, And got up and went a vay several tiI. e? during came there XQ that that ann_ a half. Ludwig Hirsch During A rrnre you there hov, long sho 1.11 judge I A about ty because I did A to SaY, tl1a t he rras you did not sir. not, Did you know there had been difficulty v1he1 you v:ent a.7aY from there? THE COURT: a WITNESS: XQ south Non, you were sitting side direction, on the of the porch, or in the rhet north er it is did; I yes, bench, nor h or the on the swing? or south, sir. A I don't know the I was sitting but on the 1:>ecnh XQ The was si ttinG you were sitting ai t.1 Julia -- by Miss Lessie won't exactly Hirsch? say, but A think it No, I wa~ Julia. XQ But, at any rate, know knew of the fight-- e four none oft th.at this fight had been k 1ocked do 1n, until Isaacs XQ Then you of the fact Hirsch. :ho ilas the that it first person had occurred? The old gentleman, tr. it of yoa, had taken '. as all that A so far place over? Ludv1ig Hirsch. until A came thG:re I think as you it and Uo, ,fr. sir. advised was Mr. �• �' . --196-- XQ } • Ludwig Hirsch about it? A Yes, cane tJ~-.ire to tJ1e porch siT. XQ What did the youngladies one got up and N01t for the XQ And you and l'r. exactly at that tine. Y..Q You found exactly and tolct. you hink. the older camphor bottle. Goldenstein .'le A I do then? le:rt staid. there tbi r,vu out that nnn_ .rnnt home? a fe "-I 1 A Not irrutes. ad been killed? Wasn I t A killed. XQ You heard XQ And realizing you dirl not didn't stay his condition it 11as serious? wa8 the there? It A A brother-in-la·,, was only Yes, sir. o:f the...,c ladies a fa:mil. affair and I want to mix in it. Ylitness told to LEOJ HIRSCH, exai ined Q for were you at home the had the brother-in-law stand asict.e. defenct.ant. evening that Had. you ·and your A Yes, Q After you were at ch J.rch together brotJ1.er ...,o? A ancl mrself Q stopped Well, Sulliva1:' to get brother .'ottr to the toget},er that your s cigar and yo ir evening? synagogue. the v1here did yo gynagogue walked do:In the str Where did you leave at John been v1he1: we left were together; he vas goi1e Q brother rn had been Hammer: A I was 1ot. difficulty? Q sir; ;y- l1r. father? store. t PaPa, and your brother • ~t together. A I think that Papa I tllinl<. he nade the rer,ark so~e cigars. Where did YO\t and your brother .'.sO? A we 11alked to the stable. Q \vhere did you go th~n? did you leave I 7af:l going out driving. that evening? up to see cousin Did you remain A lox Bertie, at made a rer:iark and I told the stable or to me, i7hether hirn no, I 173.s e;oing ��. ' .. · --197-- Q l31J Birtie who do you mean? iss A Obersig, hi~ sister- in-lav1. Q You did go ctxiving? What Q to was twenty in front of Charley door closest You mean you net Q Did you notice A I dicl not s0e hir: at of the biggy and stepped /hat versation other go vri th him? Told A · nd l1ad a little corner together. Q u_.towards Q Where did yo that ,..e. tine? He had stable Drove to the of my story. ahead avrny He had a con- 11here diQ you go to; him there? to the did he go A out of the buggy and told house? stable. stable. conversation, your sir. the boy to pu.t tl1e horse and. he and I went over stable Yes, A crying •• A I got just he ste:J1Jed up on the you or· fiid you leave of my knowledge the horse, street? until No, I am a little with hin has two entrances, in the buggy and told you .got to the place s bar ti e rnatt er 11ith him at first hand, did you do? After the clock to Main street. ·.1ith me go i ,g dovn to the Q unhitcl1 a1 ything in his and he and I -- at A I het brother? him on water Where dio_ 7,-ou then Q I had. occasion A looked I c. arley' Conr-ad' s bar. the hand.kerchief best see your Q- Q square drive? mirn..1.teR of ten. and I met hir.1 at step sir. time rtic'l you retu.r:1 from your Q Where did you next any Yes, see a man and when I got on the and it his A To the the boy to corner anri. then walked A The Hirsch corner, of the up to the Gerwan 01 street. tell unless Q you let State Hirsch? After ae tell the reason vrhy you went anc_ what you to see how Mr. Isaacs Q go from up there? is right hard to I went from t11ere. 1ent for? A went around was. you 1?rent around. there A I think A It where did. you then go to I ca1e bacl--- and met Hox on the corner. ,ir. �., �' ' ♦ --198-- You mean the Q tl1e corner corner. do n t?getller it That Q 1 ain t.n.ere the is streets, across near the you and your brotr up slowly to t co111pany now occu. ies up 1fH sat it corner A Yes, the sir; Q How long and we sat were you together to him on a businesr:: called the you rec~ll any '1ere there? stable A Q After A Q walked building. A I If and diagonally Col pan~,? togethe1'. I do not A that point? do~n I remeEber ~anted to see, Hox ano :myself A the stable. '111d this to and the younr;man stable that I to 6 ether, Then where street there at that time, can any person passed? \"lhere just do not understc.lJld the you and your que tion. brother Do you Llectn at corner? you left Vient back Ul) the door. of water is It door street :;assing Pass :r.iAan on thr-> corne1--? I corner were matter. \alked any :persons or on the Q they and talking. of them? did Yes, Q go? street bank -- in the tri.e Colonial bacJ<. dovrn to Did you see any persons Q by Mox and.. myself A the lei cn..rc::ly, walkiLg the walked that? to across corner there? Q \There did you go from t1at I called of' the I 1.hinK probably A do·~m in the saw a man across How is corner building. now occupied and I called Q ~ on the Masonic I L:an that -- located positively. this him about came back A t 1e J..11asonic building? from the Is it down on the building street Q A No, I left stable? th re together. up did rn father. at the hin and walked Colonial fixing ith walked lfe Thell where Q the I live You har-:. left Q the here A At of Ger1-·an and wate1' streets? cor1ier do·:n did Yes, A the cor er to the stable. you go? :rJ1ere A and met yo 1 (, r. sir. id you My next a-1 d your inl)l~esBion Hm.1:.er) brother is that in f'i--ont of the we bank ��--199-- From there Q Q After anywhere? what dicL goi_g to my office I did; A I went Q And i'ro ., there? Q v1 A went up to your o? yo;1. ~id yot to Doctor Fron A leave I Davis there office office my •• and go s house. I en.me back down to your office. doors office my of the banlt building A th:1 en you left -- and there were Dillard I made the other or near and officer Dovel. remark say officers, i;,1hat they MR. LEE: A "arreRted," Q then -said, I can't you are Q he ;vas taken out for him that Bank builring? was at iox? 11 and the ric;r1t It was right in that time? at th_,. you call it Yes, A sir. ·You spoke of the bank builc ing, you mean the First N~t.ional Bank? SIPE: entrance? mie;ht have been down as far sir. sir, at A It the that entrance. was at the as Frazier's place at the First place, entrance, I am not or positive. ,e got in conversation vith officers. Q r. mistreating observed your for the Mayor. 'i7aS on Uai:n street it the whetll!er one or the suppose I night? A Yes, rhich about lool(ing in there. via:=; tak ,n before Where he was arrested It but He 1:1as arrested WITNESS: Yes, National belovr -- say 9ositively do not know whetl1er I have I R. Q of the bank, a little remark, is or not? and latei· I sent by, understand, is unnecessary. That sir, Yes, 1 suppose 11 recollection down to the paverr.ent or Mr. Hamner made the made the remark, one of the to -- ...tanrling and my best office mlker. rtbou.t the our brother? vri th I came back do~n to the t you ancl Mox and myself' officer did you meet any-o,Jy Hirsch, your his son ething sister, conduct has been Mrs. Isaacs•s to~ards the own 'J8Y, and 11here you bave said about child; little seen hir child, state your brother Mox if you ever and describe anii the child it together? in � https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_005_145-commonwealth-v-m-hirsh-part-3-of-3.pdf 35cccd512d474e4d5b7668175c503f34 PDF Text Text �--200-Well, A the child only I may say has been that I have tines at various but by myself, by father seen hi1~1have broug11t down to the and lii ox has At one tir.lJ I remember of his putting tir.'i.es ridding around in the stable all. A (Volunteering) things it taken it oil the in the and 8table not on various ponv, several and pony-vragon, ti1.1es .. and such as that .. That Q in going have it tl1e child, is down to the a right stable to tell MR. HARRIS: it I thinlt in t e buggy. I omitted Romething do not kno :: nhether I I or not. something Mox said ·to you? something A that Mox showed me. Q Did you observe his now and then he had his to·:1ardD his Q of' his mouth? Yes, This and a large handkerchief and I as~ed He rms crying A this him what was the A I can state sir. lip it looked had one little one on this I reckon matter. as to the conration that? A He had, lower and every way (indicating) 7hat you saw, t1hat you observed, st.ate Q here. lip, lips? scratch as if side, like a bruise in it on his on this from a blow against gum side his teeth. CROSS-EXAMINATIONBY 1 H. COHH.AD: XQ It first was a quarter sai7 Mox after on Water Street come at it. It XQ I think were on the near if' I understand Mr. Isaacs was killed, Charley Conrad.' s bar? was about you said Square, to ten, 20 mirn.ites it and the and I was thinking late1~ Yrhen you c9.me from tAie Square? minutes it that you 1Jlace was down A As near or quarter ~as twenty you, as I can of ten. of ten when you was about A I don't five minutes suppose it took me a minute. XQ ~·111attime there on the street? o:f the A night was it When they the arrested officers him, arrested him so uewhere in the �\ �r • --201-- neighborhood of eleven a few minutes probo.oly a fe ·, mirn.1tes after, or before. Between XQ o'clock, eleven Not able A and twelve? to state that positively. There XQ hour of the recall night from the the but rll3.ny peo~le rnnt colonial on the street seen. some. I it at that I can't ms Mr. Loewner. from Main street building J· street? out Well, A I believe that When you went XQ you? very uaR, Who rras this ri th Hox, acros not r1ere there? now who it XQ -- down to the stable yo tngrnan you called this _J11tter. to Doctor Davis's office ox al orig vri th ':7a 9 Ho, sir. A I You ca1i,e tP to Dr. Davis XQ condition? certainly; A You reported XQ said 7ere to ascertain Mr. Isaacs' s sir. yes, to Hox wher~ you 3:ot back was in a very Isaacs s of'fice serious that condition? A Doctor I did Davis not report that. You did XQ report serious Doctor Davis condition? ing rras. '/hat a1 r: talked nirl not He did A He dirl. not XQ 'rnr:s :put it did he to hir:-1 over dovn. t ere and the skec.. l':in to r: Le Ye coul(~ not able that? report A I r~ici. not report any sucl1 as that. XQ he not to advise he 1:ms in a very you the.t not. I do not kllO'T.'i.'-.2.t iR mean- in _those \7orc~s. pUt it 'phone in? I called A u.Jstairs. o~, a: he Hone f'inr,. a1,y frac the OVv::' I t.olr~ hir.. v;ho t !er. Isa U'es to nigl;t, cs 'phone ✓as a. hurt? 1 t he ':as r ut c~ were you? You r.rcre A ot o· good tern.ri The be t in the ',''orld. r·it.h .r. never Isacc, yourself·, . ac a , ord r,i th him in r:ry life. XQ stable On the night to he ias killed, Web McGlaupJ1lin and Mox had stated 1 + ,.,.,..,..."' /\. tncn, he ha. after hi· t yo1 got Isaacs, down to you then the said 't �t • �--202-- it W8. s a good thin2: always butting in, re!Jly. can I him, he ought diri.n 't you? You did not, XQ that for you beer: hit, I ri.irl_ not, A positively? tell to have "( .1.t I s'li0. to Waf1 positively. I positively A he dic'l. not 11qke Vebb l'.cLaughlin. MR. LEE: I tl1ink it is prope1~ to let witness 9tate 1.vh:it he rlid say. 1 R. CO!TRAD: I ar!l asking no"r. They cg_:r bring crO::J'l-ex,=.v,ination if You saw . eb McGlaughlin XQ I di<i.,11 t r,e, the the at you di'i. not say Isaacs, he had hit butti1 al\7ays at tl1e stable? 8t8.ble. the street? corner to him, that Yes, A g in? or at after about that HR. LE3: Just state sav1 him I if told A Yes, Q Ho .,ro are that 1 e ;Ja8 say that. I can give sustained; the exception 1ntil in his 1:45 7, P. accused. M. lGO9. oi:m behalf' defendant for in tllis by ![r. Lee: Ci'tse, :1rt: you not? sir. ol 1 are ei t"r1er t" irty-three you, Mr. Hirsc1 In what Q Have you lived Q You i_;vere born county v1 .re yo t born, here sir. all and re3.red in H.ockins;·1arn county Yes, A ? I will not be po~itive, or thirty-four. Q A tha: you say. Rece·~s taken MAXIMILIAN HIRSCH, examined Mr. Hirsch, ·:·ht1.t not, cGlaughlin not AFTJ~RH OON- SES SI ON, Oct. Q 1 you v1a11t it. r1hat you did !,E!,10: ), or be en hit dirt Objection; people? sir, stabl to have I positively A the Mox had he ought you my remark spent thesd qu_istions that out on it is .!.Jroper. corner. ¥hether XQ 83.Y irn at You saT'.rhi1:1 on Water XQ around ]7 there the ·1r. Hirsch? of your here and the life? :::ind your A Ro kin,2;ham. A Yes, !lhole life tovm of H rri."onb11rg sir. has been amon~ our ��... '' --203-- At what Q to the best age, Hirsch, L1r. did you begin of my recollection, something Q You were 0ne, I b,lieve, Yes, Q A family Q You assisted A Yes, Q \V-n9. t has bcDn the last or t r,;elve years? of all .along there. Q Have you first Tell the out the horse both both the bones Q Tell the by that Q at You have A you it uas, C"n't No, of your health, '3ir. and. fall ily? the I uean, Jury stone all this ,,nat .:.)art of your yea;r; It spring. I t vel ve or was getting iR v:lrnre the ;1hare :i.Jil<.e -- :Piece. I and I fell V'lll th ,y rail- •1ent to off Pike get on broke anr rig" t arm). nefU' 12 or right injury? when yo1 received the rray a li ttl8 y,-:,et. an linbs soneth ing about in my hand, in your sick in your upon recollect a.rm (indic3.ting injury sir, stau11ton e, this Hirsch, Mr. ·sir. please, the unbrella 15 yeari:: 9.rm? ago_ when you broke Yes, A Rir. r t1.3.t arn wa.s vrnakened and has remained. • A I have not been able to do any hard since. not been able to do any harn v1ork ·di th that arm sir. Does that thin.l\: anybody Yes, j11st rm.8 something of it if -- in this That since? yourself any physical A about pi .. Q Q I railroad the bones work with chilo.ren? Yes, A for as I can rei;ol1dct, here '.,i th weakened of A I have been a very sustained Jury, As near cro~ses road I belieVH? a living condition bones? ye:-:1.rs qgo; on a horse children, in making and where A crosses some ten ever broken injury fifteen the ten -- Person? family years. sir. the Q or nine sir. for or bones large I guess, A li!<.e eigrit of a very A ,:;rork? ar1. now at could tell it that 1Joint by the show the A injury? large lump right t there? A through I there, ( 1ndi ca ting ) • Q •rhe e is al(l1ot t,here, isn I Ye'3, sir , t11ere is ��,'' . \ knnt t l1ere larger And thnt Q arm was broken oug11t to be. than -rras twelve as you have ago t_ r3. t your years right A Yes, sir, as near or af'ter that time, d.ei=;cribed? as I recollect. 09.n Did yo Q inju.ry receive, 1 to your other either arm? Q When was that? between sir, three Where was that if you notice there. Q the The left bone at A Q Yes, eight Q you have effect A I would been tl1a t. right VelJ., A up there. It was here. the wrist just and you broke indicated. to the here. injury upon the strength to use that not been able the Jury what has arm you have beo.n doing, been sa_y, for clone no work at all the t11e last -- helped to ome cattle. for like you to been Q How long since tell A Well, cond-1 ct ing? -- tell A I hav'n't and bu.y about I have has of you1 .. arm? sticking of that you to work which Q Yo1 have has been the like Part a knot splintererl '.78.fl for years? been upon it at all. of the buy horses what Hirsch? ,Ir. I woulcl like or ten injury, it '9ha t ha!=! been character something ~ou can see it right sir. to any advantage Q as I can recall ye::1.rs 3.50.. see any sir. arm :ms s:;_)lintered above at wrist'"' the :point you have the arm, that Yes, As near you could I th ink before A A and five Q broke of or fifteen dealing along sir, in horse8 you began I guess t11e jury what sort I have been and cqttle? to do that sort of business dealing A in .sir. Yes, A It of work? as near about sixteen years, in his -opening Rta te1,tent, as I can i--ecollect. Q were My friend, a stalwart Mr. Conrad, man, that and yo,J. were a drayman how long has it been your 1NOl"K and had been since you have wa handling engaged you he8.VY baggage, in that done any work says sort of that of rrork; cl1aracte:ir? ��' . --205-- A I guess, recall to the exactly tl1e best of my recollection num,Jei· of years, but I can't -- 9.nyhow sixteen just or seventeen years. It Q has been any of that of rrnrk? As well Q the oort exact ixt 1en or seventeen To the A as you recolle~t. year, of' (;o,1x::::e? 16 or rri thin worlc of that A all Ye:J, A sir; no, last the sir, to amount to anything You.r business wholly confined Q That that the character, No, Q SOTt Q _,t o:f ~r you have d.one ecollection. yo~1 cannot give ir. or 6 or 7 years? I said A 17 years. \.' ell, Q h since I ur:derstand Q Did you s~y 16 or 17 yea~s, about years for six or :o;even years lifting of heavy I hav 'n' t been Wnen did you firGt rn8.teJ::-ial or t:rain? able to good n 1.mer of' years 'l lift 11as and c3.tt.l·3 b 1.ying? neceBsi ta ted. your horseback A you ci.one any anytl1ing at f:"ot'.l tho..t time. to horf:it:: da3.lin.~ of thing? have YeA, sir, rid.ine; been alr:1ost Yes, A a .c;oor'l.deal sir. :--1.nd principally. kno,1 :r. Lou Isa cs? A I knff7 hi:::i when t:t1 ey were married. think I Q met him before he m2r:ried your A I sinter? did. Hovr lon~ before? like thing ever Had you Q six I do not nean in daYS or weeks. SoJe- month8 bef'o:.::'e. Q Where r'J.ir-1you meet hin, Q Sir? Q i,fet him here A .r.!et l1L!l right here? A Yes, sir. here. ·:Vhe1 he •r::i..s A Yes, Q Yhere v,aa Hr. I aacs from; visi ti-ng .ro·tr sister, I presume? sir. or w1.s he from son1e other in Bal t ir::ore. A place? was he a resident A No, sir; O.L t:: i~ co tnty. I thin1<. his hone was �\ �--206-Q your been stat eel, Hr. 11arrying sister's Q Without goin,z Isaacs, is into detail, for to your sister just marrying .ms a man that state Isa .1r. tl1a t ~ ou were Hirsch, l!r. a ri~ 11t to do_ that, have he has It that gener::1lly ? 'lC A true? I do not opposed Yes, sup1;ose why you A 'ell, I o'bject to sir. you "'OUld .r Jre o:)::;osed I learned sir, that -l,R. CONRAD: to that, sir. The qu.,stion is, WhaY he ·,7as o:P!Josed to t}10 marrig_ge? THE COURT: MR. They have brought that into evi,:~nce f'or the COlTi!-,,n,,eal th as tendi n~ to shm7 bad feeling on the part of this o m~nan, the n.efenrl.ant. L2E: I take it, that ·1 1n•ot. er who loves his sister and has her iil t.erest at hea.rt, may, under c.ertain conditions anrl. .1it ri ce"l'.'tqin inf'o:tT.lA.tion, very i:iro)e:::-ly be o_JiJosed to her Harria to a given person. To let it go to tho J 1ry t·1a t e r1as opi:io sed to }1i sinter mrryi 1g this younsmar Isaacs, without permittini hin to 0 ive, not in detail but generally, the rea";on for his objection, would be unfair to him and to the Jury for they '.'rant to understan ~ t 1e re·'!oOn for his oPposi tion. NO'i/, 1 put I will MR. the 7-t Rtio1 i: form Q your op to tell sit ion the was based towards for your ma to yo1tr sister nhether any 111-f'eeling, 1[r. Isaacs, or ~n~ towards Harl 3.l~Jt,1in to':mrds 'l'han, proper bac;ed desire opposition A -- feeling, to Jury I to his 1pon yo,.,1r love f'or her marriage? to the Isaacs ny unkincl or "!!3.S a good to state mar::.~ying hr. or not your 1 or upon your ill-feeling Q be l{inn. enough sister ill-feclini Q Jury upon had consider you please \Till whether 1ant yo 1 1mrr iaz:e which you and affection iake what you would No, sir. I never hacl any hi occ rrer:l befo:re hi :1 by you? aR I um.erstand you, t:t1at, A No, that 1.%uld have c tsed sir. you v1ere sirn.Jly op. 1 osed to tl e 0 e �. ' �' ♦ • • r --207-- mai·:!.'i'lge r P-ca 1se of th., inf'ori ..3.tion honeRt after must On the say you to tell it, ni___,ht th<J.t they we took a drinlc anrl. bec'-3. _c:e of the led ~'O'l to that hqr_ Yes, A sir. t1le Jitry m .r!'ir..-S. yo, ,... sister, Mr. Isaacs sister v1hicJl as her brother? I 'lOUld like N0'.7, A in your --ihic"r-iyou har:i. recvived,and. conclusion, Q interest hO"'f S'Jon, if at all, you an 1 he becan e friends? c•ui e hone together fror.1 the ma.rria...,e, and rna-1.eup and it if I 'i7as all right. Then, Q place, for soon as it as her whilG you d.iri. op-pose tnis husband, ·1a.c: consw --:'lted 1.nd your an11. he shook hands !'O a d inlc together? If Q marriage Ye~, A I understand before sister it took had talcen J1im and macte :friends and. took sir. you, irm..oo.ia tely bec3.r:1e fri,3i.irls; no·-;, ho·1 lon1 main en..frienrls, to tl1e best 3.fter di'1 you remain of' my recollect the vrndding yo, :frie1 ds? ion, until last Ansust a year. Q ac;o, You reP1ain8 . t113. t Q Well, at tl1a t time Q Sir? Q with fas that Q Yos, Q Then, in you and he h ve so 11e d.iffere fl 01r e little -:1e had g_ little dif ve had Aug,rnt o.if'f' ere nee ever sir. A af'ter l.fo, August A Uot11ing. sir. ce difference. I e::-ence. a dif'fere11ce 1908 aro, e b tween sir. Yes, each other? Q gir, If' I underst1.nd, A AugufJt a yt:}ar last diffe:-encJ. Yes, A did until Yes, A Ye'3, sir, \,e had a little Q terms ·.10:tlr'l_be; August 1908? A guess friendly 0::1 Ho, So that 1111.rle11.p? A Th~t difference? '3ir. 1908 dir: yo 1 and he have anything to do sir. t at exi everythin~ ted bet 18en you in ' the -;ay of difference Q I would gre-:, be g1a,1 01 t of' t:r B.t one if' you wo tlrl tell occurrence? the Jury bri A fly, Yes,sir. but ��r • --208-- -full' if' you choose, Au:,·ust 1908, A the what Well, rlif'f'er1-n:c1~ of nhich c:1iw1:;d. t. e vrhich the bet ve,.-:rnyou and Hr. occurred difference vrns c3.used t 1irrl l. ond.ay he c1ne <io•:n into took ancl he took board, take it, up the and hooked the horse it aw-1y; a1(~ one of the~n this on Water as1(ed ,7ho gave says, avr2Y f':ro1.1here, us. I have the I says, 11 at and grabbed that I ran. A piece from Q door. a two-horse Do you Q on the no, other thinl~ trouble it. I I ran A it 1 at that A!ld. at br➔ longs It 11 "I have family. so he got 11 :ras a Piece to as much right in the all. He spoke 11 baok tn re and ma.de at of lever time? A 11 r:ad me and of':f a ara tryin unless 1 o:tt the street me but f:::-orn t friend the nature 6 +,o show briefly in the have hit I ran us or anything? .eces·.··:.:ry, is out r.1e and would of the says, m:ir:ried .iJlo stoppe,1 kno·c1· t:1.at it , ants sine he followed the last of iron "Tant me to tell I do not r 11 11 to wagon. end the of tl10 oc-;urrence. ani I I own it? I 11 to do 1;;ith it piece 8. and "who 3:ave yo-~:i..9er- He s1.ys, he says, 11 nothing of iron, Did that it? to ask you.'' You hav'n't I 11 to do vrith as you hs.ve, to do wi tl1 it brake buck-board rigl1t street Noboriy gave hir.'.l permission. mi RS ion to tal(e that "What you got befort.: 1ir:1 permission 1 "Lou, said, spoken? 11 S8.vs, in rd of' o ,...s, a ne.r buck- \7hen he c·1me b1.ck I a, kcd him, up and have you ~"iaY: on Sunday our stable buck-bo anrL I Isaacs t~ stable, stopped. "':.9.9 That '.1as fight. Q Did you anrl he ever Q Yes, Q You do not speak f'rou that ti 1 e on? A Th:it tine on? Q No, nade house sir. it A has some threats, you '"fould kill I don't think been you did? state~ some ugly him, thinl\. 11 vre <'lid; A that remarks No, no, sir. I l~n0':7 we never. s:ix -- on several occasions about "if or vrords to that him, effect. you had he 03.me in your want to �' ♦ r • �--209-- direct your attention on the ness 1hether stand ·,7itness, wife done to your Mr. SPiro the got there that as re:;orteci. to yon; I do not jury told what it ,ms, to . ou? what that street was? me that S}X)l(en had 1::3.id or me·1n what you saw Yes, sir. Well, e over here me and. ey nife and stai0 .. there ·rnnt up there I an 3.ssault ll'ld.1~ Jury eveni1 g and she n ade her on Saturd·1y Isaac'3 !{r. threats, {r. Isaacs A A the until one P,Vening, on her. I askerl her arrt she said he had threatened to run his ciamn fist teeth and throat a1111.. jerk her,...tongue out. I S'li'i, "Well, If I had cJ.ownher there o:f that 7ould have helped maybe I It Q reportc1 of by a wit- to tell YO't o:r so-called and we Hent riome together. wife been threats, at Abel Mil:...er' s sto heac,quarters my anr:·1_ I want -- of' anything cm.1e down the al'.':2ys oc.c :--,ions sPoken grew out •1hat may riave been Q Tell I -- or not one of those of by th but to one of tl1ose had been sort And it Q r r. Hirsch, I would by your v:ife thr-1.t he had been guilty towarci.s 1:er? A reported of conduct Q him; Yes, angeret4. you and. you made thqt have hit him. 11 sir. r;ort of remark? A Yes, air. ever bore tion? about No, A your never na .1e,-- little Hiriam, it crying, yo 1 rode me 'Uncle'-- tlle Jury sir, whether I rms iding any sort on the on the porch by on horse-back I llave you yo this no use for Jade any such in from the you1· sist of she Don' t tell 11 it Ho, sir. sometir..es. little and that said, A ·.1itness-stand, afternoon rith in my life. knife for or o.escrip- kind of '-reapon? see s she was rrursing tl1at at any time you not a revolver so:-t1, ,r1onan on the , 0·1.r Uncle Uox," and that call 02.."' weapon of any sort, c'"'.rried carried stated she was sitting any "vhether ··:.... B a s!!!.all pocket Mr. Hirsch, te11 her jnry never I Only t 1ing I c·1.rrierl Q the person sir, You have Q tell I have fore;ot- .,r -- nui"'cin the tragedy, child, r:hich said "There farm on a horse was co:ue8 t 1at damn brat or any of the cro rd; statement 1:,hile as that? A 11 to tell Well, and roii.e by 1. 1e 110 se ��.. . . . and she said told Hello child to thinl~ I called t of anything, just I 11 • 11 neveI· the thou:. Q Ho 7 old Q HOVI chilrl it r:ust that A Vell, Q Did Mox. 11 "Hello, it tell rode on to the child? little Jury chilci my ,and and on by ancl stable. Now? A an1 nov:? then the I uaiverl l)y TI'lme, anc1. rode be 16 or 17 months A old. Best of cy jucg- I don't 111hat your k.nmr a:mctly. feelines have ali.:rays that child? anr'_ l1ow yo11 . ave tre':lte,1 I loVeQ it. sir, ou ever come in contact with the li ttl0 one? lore A once. Q 1 \'here? A Q I::1 the stable? Q And the the Gt'lble? Tell Q at the Via '3 towards than little I w1.nt yo•-1.to Q been is th'-lt old ment I think say, the Yes, sir; the Jury vrnether stable? Yes, A Yes, second or not fro1~ the that 11 ttle is quite neal' stable. child was frequently Do·:·11t:-10re '1..t an averawe sir. little children I guess, of, in the nei~:;J-1borhood come to the sir. Have you any ponies Q house one lives ti1,1es a ueek. to five A sir. in ··.·'1ic1'1 tri i!3 little A Did other Q Ye::, A :10·...1.88 stable? anyhow four tht3 stable. In there? Yes, A sir, a black pony and a vihi te. Q You have Q Tell amuse this the little JUI'Y wi1ether than all th~e, room, around -- Have yo time gang"ray it A Yes, undertoo1" to intereRt on the back i , was there. in it? sir. or of any pomr or The stable take of your her Yes, A of minutes I would any child 0 POIT'J? was anyway as big. in a couple ·--nd sometimes Q Every A '.rhere '.vas a big Q dri~c this YOU t:V8l' c_1ild by ricUn in any pony-c J.rt? bieger pony and a YT.1ite a black time while riding, own? A sir. the we would pony na especially Have I any? on Sunday-. �,. �'.. ' --211-- A Q Yes, sir. Q You did have six-months ing child? ing this one. child of your w11en born. You have Hirsc ,:,here 1, you been }13.d I had been A A I had Q rhere ing? been had you hands, been? A wl1ore the· were After o'cloc(. I did six out Oi ty, not to the f'arm boss- o t a pond. I mean, leave the sir, tl1a t even- farm tntil after A some six. The whistle l1ad blov111, you. mean at Q It for A Y0s, Q How fg_r is your Q day out of tOitn? or had you bee ".:!leaning in the blew of the syna ogue. I '1arl be8n n.irl you get 1histle hac~ · ny liv- o .t of tom. What tirne A never on t}10 evening to the Had you spe1 t thB.t day in to:m 1 sir. Yes, No, sir. Q a f'e A o':rn? ctiect. was dead trouble? Q the It It A ,fr. Q of' see. have I dirt a little child. I Q A the t9.11..r1ery? whistle. whistled six o'clock v1hen you left the farrn? sir. farm from Harri8onburg? a strong nile, maybe little Q Then, Q Where did you go v1hen you I sho ld ge jn ovc_. 2:ot in here yo A somethinz after six o'clock? c-=:_rn.e home? A Ven-':. to Yes, A sir. st ble tied lit and put it vle the horse I clganed to a post. 1. up there,-- ti on my sJ1oes, -- an-:l ch:1.nged clothes r.ry and You nent to ch'..trcl'.? Q Well, er you left church with Q yo? A off q Leon, 1l.lan to put little ouse it away, bit,--I had a and ate su:pper :rnnt to church. 1 ir. Ye8, A church Papa Where d.i'i you and your ne:J.r as I can recollect, rrvself the and came up to the Q af told the where and fa thei· Papa went !1e did you ~o; wl10 came fro 03.1,e :from church. and Leon in John separate? Sullivan's A to get As so :'e I �-. �... '' • --212-- Q to the here A2Yl d.ici you and. Leon thei: 1••1 A go? we '.'lalk ed on dorm stable. Walked on do1'rn to the Q Q Did yo separate at the Yes, A stable? stable, sir. or not? W' o do you A mean? You and Leon? Q '/hat Q A is yrr stre,-t st eet, Q On water thinl< 'rre .i I st8.ble , if' I a int on? On Water Street. A ne'.:U' the corner mistaken. of German street? Yes, A sir. very Q This was on July Q That pretty 29th, ~ims it warm weather not? A or not? I think Yes, A sir, :ms. it 1 it was hot. n·d you have your Q A Yes, sj_r, I CO'lt on afte:i:- you left on, but I talcen :iad it it church off after or not? I lef't the chu.r(!h. You t.Jok it Q off how soon after ne2..r as I recollect, I talcen or street, dovm near the corner, it Wa you took Q it your 1'/ha n-hile you '.. ere coat your Afte:r purpose Q 'lhere was visiting tl1, ... '1ill. I you. separated to uo? does with after along A As do'l'",m this v1hich it '.7as. yo r fat~.er so -- think ch rch? sure. not taking and Leon that it off? A Had it arn A I who ·:ms going cousin A still t did you d.o v7ith it hung over my left Q off? so1,1e 9lace I disrB1:ei,ber I' Q off you le:ft f::'or:i. our fg_thcr P ade arrangei:ient m.1a.Ytl1e next she live? on corn~r Q She was going A ms it to go u,;,:>to see cy E1orning. She of West Market to leave and Leon where lived ~d town the in Bal tir:1orP-, b 1t she Hi-~ strAets, next mo ning? on top of A Yes, sir. �r, I .... • \ �--213-Q Did she live Q Where docs Q Your cousin here to tell to her house? her route around Q You A Up \lest Q Was that as near Harkat Yes, A of :feet as you can state, dO":m !here ,~ray to the ''l1.8 sirle this visit stable 1awened nrr'l. then nearest way? A The '.7aY? and then yo go '7ould turn as far night tha.t meet and where - as you tra- A a fe•n feet Yes, Q Wow, Mr. Hirsch, Isaacs that me and asked On German street A you first did meet, -night v1l1en A As I was 1alking si ste1" stopped of' 1:1here tn.ey A anti. r. 8ister yo•,.r cousin? my tha tr It about e if ,ihere I a couple live. Yes, n~r. south of' the st~ps to her house? !3ir. and ·,hat Jas in yo1r done,-- and her husband Jv1d s:=tid anything a f'rom the you took your street Q sinter you mean the Gir. Q You mean south? v,as said from yo 1r street. wrien_d.id you first Well, leisurely sir. Ger,1a1: street. Ge1·u.an street t11e route you were on your Q :;o uJ :10·0.1 1:. it? Q A Yes, and Yes , sir. A versed here 718Y, but the usual Q You c3_me up to German street Nor th? visit 2 f'or you to take way -- t11e nearest go, I nent way I alv,ays Visiting. A goo-bye? A The usual Not neccgsarily Q Visit? from Bal t ii;1ore harl be0n on What would be the uRual Q 3. A Bal tirnore. she live? you 1.·.rere going ud there stable or 11ert; on at th~t 1gly about o,;m 1t78Y, sii:rply 7h'lt transpired time? the Jury what when you met yo tr My siRte1· A her baby. tell I sa.icl, asker.1_ r:ie if' no, I l1adn't I said thing THE COURT: Talk louder. WIT:iJE'3S: I said, Q the Jury Just · hat go ahead, ha::i/;;ened. wi tho i_t bein qi.rn no' I har 1.n It said a thing. f:'ltionerj_ by me, and tell A And Lou Isaacs said, "Yos, you clid," �,l'/' l • ', ' .. �• • f . ... ' --214-- just t 118.t ·.7'1Y. I sa iti., 11Go away, Lou, I don't want to have any i t.1 "' ou open 1 and troubl~ tl1re-.'! my hand up tl 1. t ·. ay -- rw r.J..g-1t hand. He iHS on. the left hand; she was standing standing next to the house an-:l I ·1as st1nd.ing next to the curb i I\ when I saicl Go 11 I 1.on' t 'irant .21.11.y, son of a bitch and I am going at -it me '!Tith hi'3 fists, me and kept to have to kill tro 8.l y you, too. hitting ble. that By 11 me all I'!. looked n the he made time all the r1aY up. Q Did he stri};:~ Q rfi ere here, n..icl he strike tin ( lndic struclc A sir. lie so -1e Place alon~ In Q Vlhat elGe ,:.1.i(t he do after A He kept Q VJhat did. you A It sir. Yes, Q a little. bled you on the striking mo 1.th? on '3triking. do? A I kept buck up the backing hill, UP pavement. the Did Q Arthur you see Hrs .. Artll 1r Hirsch? while Hirsch, Q Did not 311e ran there A of refuse She says her? Q NoH, Plank that A it be~il trnck the aiYl I r'J.on't say I did. Q You m3.y have Q Did you you ~ere strtck not Did 0 110 the Jury ~.rs. up there. me '!here v1hetl1cr yo,J.. a.id When he came at me he knoclced ta ten. that house done it? u11dortr,tke ~ I got in f2. 6nt of her tell A to throw face? threvr you there I may have in the not se see her until almost her, ~ir. has I did lur.iber. you struclc No, A was goi· g on. trouble see her? vm.:.1a pile strike this bet~\' .;en us when ve 'Iere Q of you? Yes, A •) H10'J.th? the he !.ca.r::.e at ym.t? you nhen A q A I don't done it. Yes, sir. rock her dovm. or a piece SaY I did anyt 11inc; or to a.o anytr1ing No, sir, I never thought tot, until o-P any thing. Q Gan yo J.. tel A No, sir. the Jury 1<1henyou picked up that piecd of plank? �) • '' ♦ ' .,, �, • --215-- Diel you h:=?Veany plan· Q in the struck the time you ·rnre 'lt the tine you vrere not11ing but you mean. Diri. you have Q my vr11a t do A struck? in yon.1' h~ncl at any plan.1-- in your face· by Ha A Isaacs? I. 1~. hand Y;.W on coat arn. of Q You har.1. yo· ..tr coat A Ho, Q When Mr. Isaacs this on your in your hand? sir. t yo marle pile of lunber? Q Y~s, sir. A Q Hext to his place? •Q arm and nothing vrnre you in tl1e neighborhood You ~ean first? A I ,:ras do·-rn next Mo, sir, upon the-} lnmb0.r lJile? How soon did you get place. . ir. Yes, A to his He drove A me back up there. Q edge or not, Diel you, of it? Yes, A go over sir; 1 unber pile the he hit me 'Uli or through the I thinl-:. knoc~l~ed. me over it. You did, Q your hand, east in tl ty, Yes, side? I understand, on the sir; Q on A Yes, Q At the tir. e you struck yourself et that e ·,1a SOJ. piece of plank i.L did. y OI.l? The diITic Q the fin11. lly, the 1·r. righthg_nd to the OlJ)OSi te side. on tJ1e sidew3.lk, .thanri. side street s;oing 1 of the on 3:oi -... 6 Horth. 1Iortl1? sir. Hirsch. when yo t finally close side rig began side It Q I was over Q over on tlie side A Yes, nir. is ·a severe str. ck thi o~ the on the Mr. Isaacs with ordeal, in f~ont side of ·.r. next plank I ls.nOYi. blo·.-; .hi.ch killed. sidewalk the . r. of his At Isaacs house to Mr. Uye:rs' s. Myers? -- co:·1:0ose the tir, e were you or on the �r \ • �r • --216-- You vrnnt with Q tl1e otI1er tragedy the Jury d1Y, rUrl you not? Q You were with do1;rn to the place Did Q 1 knov1led e it Q As near A Yes, Q Mr. Hirscl1, over A the Because Yes, of us, sir. deacl may 7as I t'1i 1k I clirl. it Yes, A via~? tell to that the JUI'Y point it sir, that w1-ie or whether He :follo•:1er'i. me all of EV to the best is nhere tl1 tJler or not you TTere? he f'ollowed ·1a.y over fol2-o !'led Mr. .1·0'.l you over t,here. there? I was backing Why did you strike him vli t."i1 the I1l:1.11k, Hr. I was in danger af'r'lid had the The deputy in your bod.ily bit lea':lt he was going c1c him Viit.1 the hir1 great all was on the nig"lt of this room and that mean that fight; bit the Jury, I meant that :ro, sir, A o 1 cloc six the i:. part of the in the morning ,hen ·.7ith y JU in .1hich you toJ d him he says least ·ras not to-d.a,y and he had spent bit the ·.O{. SIPE: and that that le:lst What? you 1uere he construcn. excited if :ro--t _ple·1~e, sir, I any inten- him? 1i tness-stanrl trouble about excited; you were not tell A least A me. Plan.1< did. you have you v:erc on your v,9.y home fror.. church the to kill harm or of' killing you uoke up he h.acl a conversation and not Hirsch? of idea. sheriff stat en. t,lu t on the that A and all sir. of doing Q night ty? a~ you cg_n come to When you strt Q never the Jury ·:;,ay fror.1 hir.1. Q tion sir, of the 1.1as. 0 Isaacs day, ou see 'I."here t:!1e suprJo sert body of' the was ths. t where Q ct.ifficul scene A Sir? us t e other of the Yeq, A located? and 3.l l of ,rn to the while I cannot tt1-1t to you were in ti1e ~'lh3.t you did excited. cool mean? I meant hear. that. Repeat it. WITNEPS: I meant that I ~2s just as cool when I v1alked. dor:n there ta·,mrrt. □ t::1em as I am now. �r • �--217-- Diel you mean to hav0 Q "Jhile tl1is cit cd? A walked north of hs. vinr; any tho· .3'-'lt of havin~ of' ever neve1" dreamt never thou;ht of Hr. Hirsch, Q Isaacs had Q After yo :tr f'athei-- Q Did you see your Did you Q A struck? Q You did a·fter until any effort least bit contact or not A you No, sir, either 71 th ,rheth,::rr· yon s0e over I f - one of again, them; and Hr. saw your f3.ther please, was sir. struck, did you No, sir. A e;o to hir.1? 1111.1 stricken :f:.--omtr1e blow A fa the2· there 1 see your father :ri th there Ho, not sir, about he ·,me nfter I never no, sir. him before you left the see your took :place; of any sort of idea. before the blow was me? sa 'T }1im. father there t.he blow waf3 struck? occurrence ex- and Neve1 dreamt 11 at all --( A No, 8ir. )- A No, sir. Now, a good c:a.-1 has been Q bit I 'iid. A Yes. co->l cousin, any one'i blow had been f1.llen You mean while Q tlrn least 'fheth~r at all. in Jury so to him? thiTl. tlle Jury Say that Lan h:id not perfectly to see ymu· ;-:i th coming this A You did A ·I tell the Q spot? the this 1ere thing. &. tell to him? going any trouble after fallen, ministering see suc11 you you '.Vere not trouble even that excited. stable, the on German street, any idea never I was v0rt sir, No, on, that going W'3.G Vhe n you left Q had fight him infer tell said tlle abo•:i.t r1here you nent Jury whether to run a11ay or esc .i_:pe? I ilad Plenty of chances or ot you Made I never A after to get aw~ if ilad the I wanted to. Q charge And you v;,~-;:e on ~-ain of you? Q About A what Yes, tir.10 of the I never at time the the of'ficers tooK sir. of n:y jud.gnent -- bet\1een a:rcl tvrnl ve to eleven street nigl1t m.13 that? h:-3.d no '!latch with the best m~ -- A I sup1iosc, I think of' my judgment. it best was �' . '. ♦ ' ;, �. . ,, • , ' , .• ~ --218- Yoa i•ere on the ma.in street Q Harmuer and your brother Leon, of t'1e City I believe, '.111en in com:93_ny1'1ith Mr. that occurred? A Yes, sir. Hirsch, Hr. Q mer:i.ory for said shortly about tht! tannery where t 10 scales sPeaking after thL:, trouble toolc place tnere, some-,"lhere about Diel you kno·;1 at A no, remark? th ·1i tness .,y sa IV and you said did you know at hurt? A no, sir. tl1a t tire that stand, you do';·m th•.-t your hell done; out of that he \7as dan 0 erously time hurt'? sir. at rlid you think A I thought breath his condition 1hen you :rns 1 na.de that prob:, uly he had ,2;ot a blow th 9. t maybe knocked. of hin out Q And that vas all? A Yes, sir. cmos0-EX:J.1IHATI 0:1 :SY 1rn. CONRAD: XQ Yo 1 say that just as cool ref~r.ced :first met them? crousehorn at /hy 11 'i7'1S to him that you I believe? to Mr. crousehorn to your :fP-elings or about ~ro1u' bein:::, perv111e1 you our condition A Ye::i, sir. there you were th.at moment? any reason cool at A Because a 1d I r e·-·er thou3ht ot excited? that or occasion par·ticnl'U' I '7as walking :fa1-- you to tell moment or not down the street Hr. excited cool of anything. XQ '!fhY was there you were you ,;;ere st met t em. rewark your talking that at tht., ti1.1e you met Iso.acs, when I fi cool re:ferre-l XQ Mr. crousel1orn as at the moment you were I said XQ That fectly when you told to yo 1r :feelings A Hy tannery tJ1e allc.,,y by the oi you and you had knocked ·.1as fatally Q on the you 9.bon t it and asked 1..1anwoulo~ have brother-in-1'1··, Q whose ru.-:,.mesI do not rec~ 11 -- good -- are, him as any other es, very harl juupecl brother-in-law the :ri tnes n3.mes is not that your two any occasion A Bec~use for you to exPlain I TTasn't. to hi11 that �\ '' • l ~! •I �l 't • .. ,•' --219-- XQ Before I wasn't difficul,ty the I.'.1--::tcl Yli wasn't you met tl1em but tl1at you were not excited? when I met them d0 -:n there; Well, o:r him. He macle that Right XQ evening, there Yes, And. they ho1.11far it XQ It in the road? you were? grape I A they ,ere Yes, because you I was afraid to kil:::. ::ie. s house, that hour (Interrupting) in tlie No, sil,, I and two gentlemen vrhen you passed your were home; there. twenty-five A Isaacs? diagonally feet, if' that I ·don I t know just across v1ay in 11ere two men within 1 A No, sir, Isaacs A !Jisters your Down this A - Mr. exactly there. w0 s j 1st out So there XQ -- were not more than is aero ss over excited aI'ound there. that 11it Mr. A I wasn't he was going fatlrnr there !3ir, you wclre not mad Vihen kilJ.ed? ti1ey were there fro:r-1 ·.rhere yo much, that were anybody A you? XQ I don't think from t}1e :9orch, ri~11t t1rn road. twenty-five they feet coulcl have of where seen me for vines. XQ vrnether calling distance excited I did XQ Plank around on the porch; sitting the all You 11ad obsei~ved XQ out remark, in f:!'or.t of your people thinl( hadn't you struc you· i;rere in d3_nger of being thougr:t don't you say that did that yes_, sir, 1 XQ him, him. -rith th~t langua 6 e you used a bit down tov1ards :::>tall co.ming in contact But the XQ I 1.vanted. him to know A when I went th them or ariything of ever I h:i'i no idea corm:.'lenced? they if not could he had gotten think And he had had abo1t an equal as he carne over A I don't know :Thether strength ,J"itho were within on top o:r. you? A easy I was so it. or block and bodily you or not they see op:portuni ty to pick the lumber he dicl or not, pile or up a board as you did, didn I t_ he? he had enough muscle t it. XQ You say you vere defending yourself' and that he was strik- �. l ,, • \ �• T .... --220-- ing you 3.Jl tr1e time and yet you ha_ t.irne to pick throv1 it and to piclc up a boarr:, say I I didn't picked it he If at you until rns pursuing the mustn't and out you? I t4.idn 't A I don't up -- roc!t very between know whether moment he f'irst h in dovm, those times them up picked road the him and knocked and board in the You thre':7 the XQ you 1mtst some'!lhere, Between A struck the pile somew. ere. before you left the lumber pile? I do not know. A I rock You much have you? lumber did.rt it you .from moment you hit pick en_up the have Ificked rtidn 't and up. XQ of say whether too, up a rock XQ You don't XQ The fact t you? u:;_Jat another but don't I no; no, A you stop A i8 you threw Did you pick XQ or did re1:iember? rock before the rock and picl' the A recollect k I didn't O'!l. say I did. Lou Isaacs you, hit sir. the time? I don't and the rock said I where I board up at sar e time, one tir.'le and pick •~the board I IllaY have picked up at the it thrown up at, a ~tick that or rock what I :=;aid, is air. You don't XQ know whether A I know I wasn't me until vre got XQ At but with hurt, dir XQ being the 11 1 the off up in the the rod of iron t you? A you with -- you got Yes, as easily this poker,-- not aw2y from him and didn't I ran sir, wl1en he had no iron or once? pile. he got after time down twice pavement from the time he got after lumber coulcln 't you jnst hurt, you sto~pAd away fro1 have run or sticl<. in his poker get him. array :fro 1 him, hand? A without How is thatl XQ street, coulcln 't you j 1.st as easily wht:n he had no rod A I was getting of iron run away :from him, or anything away ±...rom him as fast in his in that hand as I coulc1-, sir. at all? I �,, '' .... I• 1 1 . '~ �--2?.l-- XQ Vell, licks the only ras the he gave you here Places, other ani here, Two places XQ on the these are goirG UJ ·JO her, A Yes, th on tJ1u ri~h he knock me over has s the been couple pile? These of a foot high, XQ the picture 9.!1 tannery, said the the A Yes,sir. A A I Raid he lutber pile, Knocked as this lit ~otten,I It did rne over in .le pile? imagi1e correctly a foot 03.r.e out It repre::ient, a lu .. ber high. of where they o:f lur:1ber in the was a )ile A -- uas not really about it It A fo 1 }.Jictur13s) stuff', t13.t .1a" it? had been o:f b Jing sense of scrap luuber about :rnlJ. as I recollect. 1 say th:it about knocked I don't ground. vmsn 't a PiltJ when yo·.1 m de this rem:irl<. to :::.;_vin.~ knoc1(. n h__..11 oitt that out Isa_.cs of him, you thought o:f him you expressed A of these? not :;ct.sta}rnn. al! pile? and I have 1 XQ And. though put d e_very where ·=i.go? you a .ros~ (exl1ioiting it you thought breat_ i:" I ·t:::. n of t e trash? co Plank, You of' yours from of rronths a room: a pile a1 Bo h si:c. 110 11v high Sor:1e person repairing A sir. awhile lunber A .:_Jile of ref'use A XQ the aero. -...vay; yes, tht: tllt":) breast Yes, A pile, you flat Abo·1t do they, lumber e knocknrl XQ XQ Two A ana. the lower face? rl.mr1 by any in~ :l.bo 1t that '!hen you say a staggering the vras it? one on the siri.e on your ev Jn knocked ue aero ss the XQ mouth, from paveaent. You. s8..id not knocked 9erson sir. '.XQ You vrere knockert. <lo'.7n? xq on your thand He hit You ~-!ere not XQ plac:J on your on ymu· r.1onth, lip? on r y face. the as left that. (indicating). there up9er- Anet XQ scar it of that had be ,n just or something tnose brother-in-law kno~ker'l. down and of the kind? you hari only knocked. 1)y sayi g you kno1.7 .vh eth __,rI saicL that the ~nocken_ hell or not. men about A Yes, sir. bre' th out of him"? I may il!tR!i.or I ��--222-- may not. I wont say Yee" or uo 11 11 XQ Mr. Lee ask,3d you whether escg_pe. He did tlrn other did not hir.1 to tell kl1G'7 that there I walked over Loewner You says, asked and to co:11e rlo'1n and. sir. lines running A Yes, all over I never sir. over I walked cOLtnties, travelled over all there, RocJringl1am co,mty tried crying and the and adjoin- have you not? XQ And you kne,_,-.,t1J.at telephone adjoining counties, was the f9.ct only After A run that your al-1 over Rockingham yes, sir. A tl1ing he hart talrnn that on one occasion? the lines you? didn't XQ Did you sg_y th.at it at time. the Isaacs there there. telephone tried. · to bar!<, shed. A Yes, counties? I never that somebocy along? :rere to be over as Hr. to get 1 adjoining all. XQ You have ing sir, at was getti1~ Hockingha..rn and the away at of trying come u:9 f:ro .. t:1ere, you how Isaacs to get you ha __ any idea :9roperty, send word baclc to yo 1 -- XQ You all tannery Yes, A You did XQ and nervous. ask you how you happened end of the go there? I was excited 11• you had against buclc-board we made up over the and drove marriage; yes, sir. XQ, The only of the marriage thing and the any ill-:reeling feel that hA.:PPened af'ter time that toward him at A Nev-er had any ill-feeling. the of the buck-board XQ You never spoke XQ Did you have him at all aft er that, between he 1.'ias killed, board? time -- 'that ·w·as that all,. I never from the buck- s::;>oke to him from on u:p. to him? any reason except the time you could he got A No, sir. to have f'rom the any bad feeling buck-board sir. XQ Except the buck-board? A No, sir. incident? against • A No, ��• . t --223-- You did XQ not? A Only when he made that threat torrards my wife. Then you did XQ say you got he said that that, llar'I. been to you by your to push his tl1roat, the buck-board! You did you? reporter1. he was going do;1n her teeth fist or Ro 1ething r.-1ife, yo do7:n her like throat that? tl1a t say, l. or knock her something A to effect. XQ can't lon,.;, ac:,o HO'V that? '78,S sometioe A l~st ,inter,-- I recollect. Sornetiue XQ I don't know, XQ remark that XQ either, last vint,er? To th A you 1:muld have Well, of knowledge L -- been all time? of' t11is her ask the make <::hort :mrk of both hirn.; I your Did yo1 _top speaking question unans'.7ered. Rinter, to her buck-board? 7,rou tlli spending you m·::2.''li~ tho I ,1oulcl have hit A on ~ood termR 'Ti th Objection; I will wife to him. you had. not !:le Lou had taken eve:r caught best to you by your done v1hat? done something during XQ ·J ex1.ctly. When th3. t vras reiJorted. would have beca mad about It XQ l1ave so1tlethi1 e; besides : d.irl you tell any of' your of them? 1 your oney for A No, siree, sister, Isaacs if yo~1 yo·.i . oulr1 I positively did not. XQ XQ as that You did not tell her anytr1ing o she 18 mistaken to her? A when she No, sir, I never A No, siree. 111<:o tllat? says you ma e any such re1:iark m'1_de any sue!' remark as that to her. XQ firm When ,-;as it of Hirsch Brothers you bou'-"ht out your or in your 1 sis .,.n~'s interest other's estFi te? Objection; overruled; accused. A that Indeed, I don I t know, lrinri of' business. sir. I never My f. V 1 er arn'l. Leon in t11e excB.!?°tion for attended attended to t}1at. '1HY of �,. �, ', ♦ --224-- . XQ We' 1, about XQ, Mr. I Well, about ho:1 long ar;o? lonz af·ter how A Not so lon~ ago • tho ma.rriage of' yOl r sister and Sr '.lCS? exc8ption Exception; overruled; cused. A Indeed., I cs.nnot don't tell nari qo arlfully thinl::. it XQ Hov1 lonii have been , ian 't it? Bet 1een t .wont say for sure about (exhibitin of nw jndgue kno m2rried? A three and 10 I don't ac- years, 1t I 11. think I about t.1U"e but I believe, I that. you Rtruclc XQ A:fter To tl1e beat long. they year board ·o t. for Isaacs what t,oard.} and knoclc.ed him ct.own ,.,i +,h this you rlo then? did A m_lk ed rl_o·:1 n I 17 to th.e stable. XQ You t .1.rnP'i rig_ t a·,7ay from where d0'".'11 to tl1u A:ft er I got st!1ble, you? did array a fe··-1 feet After A went on a ·1ay do'.':n to the XQ You then a 7c'lY a fff:; I got fa th er vras t rey and 1.valked he was laying feet -- ~re at him. 1 stable? Ye A aft er I Gaw him there. XQ Yott hav'n't the last hel:Ped. up the six seven years? or to lift a thing street; sonet. -- XQ Durin counties sir, here, I went on the by 0onvey:1.n, e my father XQ •¥"hat markets v1agon a1 d rode t. t e stable at u- iR mostly. and Ileon would t 1inlc I h'.lve 011 the ~otten in and dealing in cattle Pir. throngl·. tr·1in at all I (ton 't sir, you have gone around. time and out business dray have 1q been A Yes, th.at 0 lil· ·; t has you s2y? A No, I might in~ XQ Your business a1rt horses, any in the helJed to surrounding buying county, Wi1enever ac long rnnt 1 1i th you go to? horses? trips A ':;ere Ho, ta_·fm t.11em. staunt.on, A '/ood.stock, Lexington. XQ And yo the here; pike? A would bring I and brought ':'lO'J.lrl then hire those 3. horses rr.an to ride from Y/ood.stock 2.nr_ on down to Harrisonburg t em,-- to bring Ne~naa.rket on the the1ii train. ��' ♦ r • .. " . --225-- man, or a very XQ You say you · ave. been a sick the last ci~ht yes, Mr. Hirsch? Yes, A sir. Have you SIJent as nuch as a vr8ek in bed at a1 XQ the or ten years, last t·.70 years? I have A spent three man, :ror sick or fotn· tine within days at a tirne, sir. You hav 'n' t XQ any time )een in bed as nmcI1 as three in the last twelve XQ Befo_e this difficulty, XQ V11en vas that? at my house or four months? Yes, A I mean? A In on German street. days or four 1 sir. Yes, A may, I 1,7as sick sir. three And I was sick a t ir.1e I thi1 J( • ... XQ You 7.rere ic c once at home days at or four 0..9. s own at my house three at A I 1,vas sick at my house XQ •rna t ·vas in H-=ty? '3.Til'i once at yo 1 tr house? in May. A I was sick three or four days dovm at father's. XQ You vrere sick three or :four days I c:111't been a day more or a dg_y less. XQ Your physical your concUtion you were put A I and weight clon I t und.erstand the on the your days. co1@are wi h A How is t11at? in jail? cond.i t ion now, your XQ Ho:1 do es your ·with your condition recollect now, how d.oes that cow.it.ion before A May have each time? weight and all, conpare day you '.vere 1,ut in j .- il? quest ion yet. ho XQ I mean, " is your a8 to yo11r boay,and a great deal now, as compared in jail? in jail, A No, Air. ancl Rone three A years condition 105 pounds back I weighed. uore. sir. A Well, XQ Are you as strong in jail? with your I weighed or four XQ Are you as 77ell 8.S when you were XQ Yes, ano. condition and gener·-11 appearance everything, tl1e day you were put when I v,as put weight confinement I am almost and as stout 'NO ld naturally .. t in jail? as ·i1ell, I A now? must say. now as when you make a I ere an rnaker. put �') . ' ♦ ' ;. I �,.. ' : --226-- XQ so, put if A in jail? XQ Yo1 never have any thing, ave 7eighed the lately a lit-f.:.l, of weight, you f~llen off 1.ny falling small space not been you have ::! XQ Treating not I am ,mabl9 enougr1 for sir. I have :fallen to off' any, ans~-rer that you to notice, :Clt all. 01~ question. if' tllere L1. there has is a to i::•-:.lk. 11ad. a doctor been A flesh? A I c·:i.nnot ans-:;er and no Plac XQ You have since A ~ny? off? as when you ,,,ere I was arrested. as you c::i.n see you have has as stout ,,-reake:r in my lit:1b'3; yes, s:J.r.-:ea.:ount since not XQ So far XQ There been I get you are in jail? you for attending A Yes, yo ~ir, indigestion? anrJ. givinz; 1 you medicine a 11 along;. A Yes, sir, and heart trouble. Wi tne 'J'3 Here the THIS BEIHG introd.nced, tliereu_1on part, the defense defendant, commonweal th, introducec~ to stanri anicle. rested. 1 O:F THE EVIDEHCE introd.uced, the by told the to maintain to f'urther foliho'ring testimony, the or offe::::'•.:.ld.to be issue rraintain in reb the ttal: upon his issue Part, upon its �.. .. . �... ' --22'1-- WEB l.iCGLAUGH!.iIH,recalled by and examined. :or Comr:1onve9.lth tne Mr. c onrad: Q Isaacs, have Hr. cGlaughlin, state after is he hs.r.:l said or not Leon Hirsch 'lhether been hit, Mox Hirsch butting al'klYS that th1.m said, in? A he had he ought Th'.lt is hit to '.'!hat he Raid., air. Q He made that state11ent? WitncsR tol<i. to MRS. BUREGUARD DOVEL, Q L vlwig Lrs. Dov8l, I did afte.e YeR, sir. stanr'l. aside. rec,1llad H1,. Isa:ic9 COltLon l .al th: ccmrar:l t'or by Mr. i1ar:1. been did you see hit, Mr. c'licl he aP:pear to cor,1e? and :from what d.iroction Hirsch, A A -- MR. SIPE: I th ink that •· '3.8 all covered. by tl1e exan in:1tion in cl1ief ,-- what sll\3 3T,r an,-1 1.1ho she qaw. I think. the exaw~nation wil 1 disclose that very question; I 1. Jan to say, its 9ur~)ort. I think :rebuttal. it We save the TH~ COllli{T: in 11R. SIPE: Q well, comin..., around of the he 3.p ear off corner A of water ';'!here the r::.id. to come from? street. is a proper point. A I Had any person A I did. t.1 ... n.irr1ction Came from been -- Did you hear any person call A daughter Q corner? Q saw him stable. Q Q question see ~:rho it Could you Julia. She ran No~7, at A that I had out rms? A I am sure and hollared tir e, where it "Oh, PaPa, him? I did. 1.7aFihis Papa. yo"..tn,.:.est 11 he came arounrt the crossing. to the ~ij~t\~~. done gone up saxt:na u~~~:1~J You had walked up -- A were Jou To the ~ then n~- cros ing. �.. �• , r ... Q That rs. .Iyers 1 crossi1 g that A Yes, ? You had start ' across the to Urs. sir; eel on that you ar~ Q Ancl ho',7 old Q were Well, r. to hen? A goine; Rir, you? :ii th llrs. ·."i~I't: the aside. corner daug:ter'? Yes, A there on the c or ier of' · a.ter r. IRaacs .ms hit? night L ::.~.wi.._., Hirsch sir. streets, of water A Yes, at any point there? (lO''lll Yes, A 13.t the time you sa y · hi .. so:me v1ater. Thirteen. A Dovel the ''Jent to 11r. comr.1011-:;,calth by }-r. Coi1rad: of German and Water Near Hirsch's Yes, .1r. Geor1ie Logan's Ir=Jaacs was knocked corner Q for did you see Hr. WheI•e Q the you are anr'l Gerr:ian street 1 A croRsini? to stand. told LOGAN, examined Q, Nellie, Q house home. started some one to bring for Witness NELLIE Hirsc1 Uye:::s. and he called Isaacs, after I had f_om the rhen he came up vrhere dicl he go Q street corues across 7 him? at i,!r. ir nedia t ely sir. A Hirsch' we were near r-:1 ho,;.se. and German streets? house. Where did Mr. Hirsch Q ca'IIle from up water And he Q street uent OR0S'3-EX ome fro n ·1nrl.. '7here and he went to Mr. Isaacs? to Mr. A r'!.id e g~? A Isaacs. Yes, i:;ir. 'UHA'l1ION BY MR. LEE: XQ Litt.le Lacly, did you see XQ Wl1ere had you been? any part of tlie f,;i..ght? A No, oir. .. street sir. apiece XQ XQ We had been down North Gern1an • And in which Ludv,ig Hirsch? A A direction •..e e yo were going Who was with you? 6 0 south. A Mrs. Dovel. ing '::h n you r et .•r. He ��.. . ,, ... --229-- Mrs. XQ Dovel \7as ·,i th yo·t Yes, A A Hoy; f'ar XQ You •1ere three I her in of her up to rrny feet, corner? the near along t she passed the Hirsch l)y a piece. but three feet. you vmre practically tos;ether? you w·ith "her lhen s porch hen I expect A :Jhe ·.1ere ·.-:alkinc; V re Dovel front? 1 XQ Hir8ch Hrs. rms in front I XQ you and 11 the sir. XQ were yo,1 with house? ~ Yes, A s11e stop::_'.ied at e cornei .. of the with ir. the corner porch? her, A of' H:r. not I did see stop. stop? XQ Yon oJ.1 not see her XQ Did you hear any rock XQ Dicln I t see anything XQ And you vrnre with thrown of it Lirs. there? Dovel? A si1 ... Ho, Yes, A corner. } o., sir. A all? at on to the I walked A sir. DIRECT EXAMIHATION HESUMEL BY vi}{. CONRAD: THE COUHT: '!here was r. when you saw hir1? ... · I':;?UE~s: He passed me at Ludwig the Hirsch corner. THE COUH.T: At tne corner? WITHE ss: Q Vlhat were you n.oing at the Yes, s.:..r. corne:r at "":.hat tir:1e? Objection bee· t~·e ~oing into exar:1in·1tion in chief; ove1 ..rt.tled; exc~i::,tion .1oted :for tl1 e ac~ l.lsed. Q what Had you stopped were you doin 0 '3.t the ':l.t the or yrnre you going corner, time he cg_,e around the I was going across the t, stre THE co RT: over to Mrs. noted You say he passed Of Genaan for ,1yers corner. you at corner? WITNESS: or corner? Objection;ov~r:i:-tlled;exception accused. A on, and Water streets. the ��--230-- Did you see hir.1 before THE COURT: he r;ot to you? V!ITHESS: ~ir Yes, water I 1 street sa him co 1ing UP stable. 1 from the MH. SIPE: What .1:r. Hirscl1 BY MR. SIPE: WITNESS: Hr. Lud.wig Hirsch. XQ You kno·,y Mr. Ludwit:; Hirsch XQ How near XQ HO'/ d.o yo·i live far? the Ye~, sir. XQ She as crossing XQ Did Mrs. there about Sh XQ BY MR. the Dovel street after "Ji say anything continued High street. . arm springs road? sl. you cro::isA<t the th you? :1.long ·.:i th Yes, A to you at all or · ny rl.isturbn.nce? any fight ju8t Yes, ·ri th 11rs. Dovel A on south foundry. WITNESS: You continued live I sir. P.,.AHH.IS: Out on the 'R. XQ Yes, A A to him? Passed A well? that? was A sir. as you uent along not hear A I did ou? street? Yes, her. sir. JO RAD: Q there When did you first kno"!1 that manknocked had been a there hac: belm a fight, d.ov;n? Objection;overruled;exception accuse • That A I heard the is the Q When you lookeri :first lick I looked and around for when I heard around uhere v,as r. A Hew as in th_e road. Q He ·r s in t 1e road, but You say you he rd the in the road, the l.i.c - • Isaacs? standing up, or lying Objection;overruled;exception ac,.."<-lSed.. Isaacs the I kne,,, of it. Objection; over:r·ulec~; exce:)tion accused. Q that lick at what place and looked on the road? for dmm, for the r how? the ar01. nd. anrl sai:1 l'r. A I didn't see �\ �--231-- him rigltt turned at _i_st b0c':i.n.::;e I cti1n't look in the road v1hen I first around. THE COU".rlT: was he on his .f·eet or on the ground? On the WITNESS: standing ground. Q Was l1e laying A vrnen I looken. at hi.. he was laying Q Did you see Mox Hirsch? dO''m or up when you saw him? do';7n. sir, A Yes, sa">:1hir. after he walkeci. a·;my fror:1 him. How long Q from him? after you heard few saconda, I don't tolci. to stand HARYHOLLAR, Q Mrs. Hollar, and of Hr. live difficulty Snell lived? crosq direct i It A Yes, Q 1 '.1as, but It see 1.iox walk a•1ay wasn't bnt a in C011ll:10nweal th by Hr. the e locate you, the 'hou!'rn just gir, A Yes, I I live on the west :practic Rirte. :fOl" let across. the bridge Q exqmined just this rig11t it dicl you expect. \fltnass time licK I can~1ot <1'.:lYho1 long A 1 RS. thiR side you ~ere where north of them, in the first of the street. ..:illy opi)osite ~t the r. Isaacs I don't ho v=.:eafte,~ vrhere Lr. from livin~ opposite live com~ad: Isa1.cs you lived? sir. Vhat first any difficulty d:re•.', yo tr 3.ttention 01.t ":.here? Q Whex-e aere you at Q From there, thei, A fact that there 113.s I hd'.lrd 1:1as tl1e licl<.. First that to the tit e? A I rras sitting on my :rront Porch. mediately gate I met her where Mr. Isaacs mine. did up and nent u:p t e str8::,t nd there Q 7here 1.rs. ~o? yo as :far as Mrs. Rosan erger coming out and we walked. strai~ht I s out to was in the road. Rosenb ere;er lives A In the hous~ rie;h t next to �., l . ' • ... ' �• • r .-,. --232-Q The one immediately south Q That ho 1se is about op:posi te A Yes, front and. cane up the pavement gate where Isaacs berger Isaacs live, too? reached as far A He came after Q A:f ter as l rs. went where? Hirsch there gotten Rosenberger' Right A when you alL or dirl he come after there ann_ walked. out to straight ·n the roa. lay Had Hr. Lud'lliS Q the now, you got up froD yo,:tr porch te and she c·ime out anc. you both across rhere sir, Yes, sir. Q \V/ell, your A of yours? go I you reached yo•t reached Rosen- Mrs. th e? there. A there? Yes, sir, after I ~eache~ Mr. Isaacs. CROSS-EXAHINATION BY MR. LEB: /hen you got XQ do? A you say anyti.1ing? he v,as? A No, sir. lyin.; was and s~e said M~. Isaacs. You just XQ A XQ Did you No, A XQ I see sir, not tqke not vras on the XQ thing. A around Just Art 'va11~cd Ul) there her what man it to help him at at thn. t time? time. r Hirsc;h at that tir=ie? there, st~naing BY the id.evralk. say ar~'t11ing. a little time r8YS from him. we ":7alked up she '!Ialk. sirle What of Urs. hi1.. at all. of l1i. hi!n at that see her XQ Where wa8 she? on the Rosenberge:r and I asked holrl. at i'l you him or to see how badly of M • Mox Hirsch anything I noticed She was stan .ing look at him and r.18.de no ef':'ort see anythin::; sir, and I rt.icln 't r::ir, to help he road, rlid I did Did you A Yes, in looked Wo, sir, Uo, Me and Mr-s. and seen the ma all? A Did you malrn any effort XQ there stanrl vi1,. t rms lying, Isaacs .fr. do 'J.11Yt.1i1g but dirln't I XQ Did hurt to where 1 ,as . Frightened she rl.oing? likrJ tn, A rest I don't of us. think she :1as doing any- s �., j f • �.. . • • ' f --233-- XQ Did you see a~rthing was there XQ forwqrds What ~as 9he doing? been so f Mr. 1.r a minute you zot there oa ,k 7Rrds V/alki!1J; ·ms it Hr. Albert that and got or tv;o. or se-Jonrls? A Not much uore than think I it might He ..rasn't that. belo1rr ne. Who got Hirsch got XQ UJ Hr. there there first, Hirsch e;ot there Lr. Isaacs' and picked XQ up his XQ may hava or . r. Why, A Hirsch? first? A Yes, sir, he ran and head. first see Mr. Hirsch? When he ran uP A head. Did you from his Albert Hr. -fi_ st: XQ When di~ yo, ing seen. all Do you mean minutes XQ picked she sie, Few mirru.tes. A have after Mothing. A I sidewalk, XQ Ho·v long XQ Yes, A Isaacs? too. on the there? of Mrs. ·rhere he ca !le f'rom? see A Came as if he -raA com- home. Ii.1 other i70rds come right he came right across the c:;treet, across but the A He street? if he did he ran to Hr. I sac1cs. XQ How near Lud,·,ri~ Hirsch? A was he to 14r.I Raacs' I may have XQ I:: you only sa ho'.'/ do you know in what come by me. XQ of I I Sa'lC him ri thin direction vas sta. cling most You did not the body? ;1 seen-him A see him until Ho, sir. I said body bt;fore t 1;:o or tl re~ :feet. tv10 or three he cqme? to Isaacs' A feet of the I kno•7 h.e ct.ir'ln 't t.m or three he came up and almost TOLD TO STAND ASID~. bo · body. he got ·.vithin s head up. 1/ITHESS you sa v Mr. feet grabbed .Jr. �. .. ' \ �, ♦ --234-- :r.rns.ROSJI!NBEHGER,examined. Q speak I believe the for Co:rnr::onw,_;al th by Fr. A Yes, a Gerr an ladY? you are onrad: I can't sir, English. Q You live in tJ1 e A Yes, Q And you vrere living A Yes, ~ir. Q That is A Rig11t acroGq. Q You are 10 .tse right to v,. ere next Hrs. Hollar lives? sir. establishment just there across the rrife on East the tiH1e Mr. I s3.-1.cr-i11as killed? the street of l.:r. l. arket at f'".rom where Rosenber ·er Mr. Isaacs has v1}10 lived? a tayloring street? A Yes, sir, I was at ho:e. Q HO'!J the ro the kitchen. Q calltY-1. a.id you i'ir st f incl there A d there? Little I was in the You vmre out in your ou? sir. A Yes, She ,ms o 1 tl1e f.i.ont Q ~ Isaacs Q 1hen yo Q fou found i. the Mr. Isaacs Q You came out tne tine an1 c3.lled of the the Llt3 in fro1. tir:1.e. y01u· little you? A girl Yes, sir. from t e 1<.itchen Yes, sir. roac. ki ten.en? in the middle the front porch to the front gate? onto A of the from road? the A kitchen? Yes,sir. A Yee, fr ..rnt porch. Q And f~o~ t1ere the middle ty me, called '/hen I came out A c3.me o t from thi at Porch any rtifficul called at kitchen 10n you cru e ott Hr. first kitchen Q I found sir, girl h:i.d been A Yes, ca1. e fir~t o :rro nt yard. Q And went out Q Did you she came with see me. to the anything front gate? of Mrs. Hollar A Yes, tJ1ere sir. then? A Yes, �r • �. ' ' --235-- /here Q the did. you ~o from your 1 midclle of the road gate? A I cane and saw Hr. I sg,acR laying straisl1t dov1n in the mi cue of the road. Q straight over to Isaacs A Yes, Q Do you kno Q Did he get there or after? A laying in the r:1iddle of the ro...,c.? the A sir, Hr. Lur."."rig Hirsch, 1 olcl gentleman? Yes, sir. got hold there of Hr. Isaacs 1 to Isaacs Uo, YJhen I was sitting at I c·rnrn out cari e I found and Ers. Hollar ·.rr. Hirsch llar: o Isaacs' body Mr. Ludwig Hirsch A the J.1P.ad of Mr. Isa3.cs. He was out Q yo head. !hen you came out Q body before there I :found both when you reached r:ien fir l1ir.n? Yes, A sir, wl1en st. If I underst·1nd the 'ili tness I arn tal-ce1 by s tr1Jrise, but I will ask it aca-.Ln to be sure. MR. CO!~RAD: Q On account get clear of the just gate of your trouble what you have you then in speakin;; to say, went v,rhere? now. went A English I.want fhen you got straight to outside in the middle of' the road. Q •ras Hr. Isaacs' body laying or up the r oac: or rloi:711 tl1e roac? right straie;. Right A t ii f'ront of yo tr gate at my gate to the of my gate. To the right • to·,73.rr'l.s the corner? o:f your Q Q Was it up towar 1ts the A right No, his Q Ti1at still U:P in the in front corner Q ~ate, feet do you r1ean it was lyin~ middle of your or rra, it was to !tr. of' the 1,7as it lyin..:, do,m toT1ards the bridie? 1 this road. bony, Is!lacs gate; up side, lying the head v1as to my side. not asking don't 1.i'Thatposit tell ion his I e rrhat I am triJing body ~as in, to get at. but whereabouts I a~. in the �' . • �) • . ' r .. ' --231::i-- \ road was his body lying, ,,,as it or vrns it up tl1e hill you came out, of your in front rig11t f'ro1:1 your as gate, A It gate? Wa8 UP the hil 1 more. Q Up towards t11e corner? Up to A tl1e corner. JUROR: Up towarcJ.8 th.e corner says. Q to get When you came out to the Q was lyinG? from your you had to turn gate that A Yes, bocty? How f'ar of your she up that way way from me. do you tl1ink gate· more, was that it his body About how f'ar? THE COURT: Couldn't she identify position by that photograph? the MR. CONRAD: I rlon 't know whetl1er her house sets bacl(. she can, THE COUHT: Let me ask a question. Do you live in the house next to the brirlge. Mrs. Hollar lives there, and you live next to virs. Hollar? IITUESS: Ye8, sir. THE COURT: Who lives of you? WI'flfTilSS : Mrs. Clatch in the ey. in the THE: COURT: w110 lives Mrs. front is Row, here a Picture; of your house; came out of' that there gate? Mrs. A Yes, gate You went up tl1e })aven ent? Q To where bodv Mr. I !3aacs wasn't sir. j;o your yard tl'1a t runs there. You of the road and so up there? on the I body A Yes, 7as lyir1g? pavement it sir .. A was in the Yes, mid.dle sir. You came out on the pavement Mr. o:f the road. Q in pavement. Q Isaacs' house, sir. Q Did you go out in the middle A I went up the M1ters; yes, 1 s tlle pavement t~1is is the next Myers? WITNRSS: Q south house and went up to where Mr. �• I ) ♦ .. ': f. r 'ft, r �.. . . ... I Isaaco body was, you got up to it? Mr. Hirsch by his Yes, A I will Q question No"7, did Hr. Hirsch, was he tl1ere sir. Yes, When I came I found body you fo l.11d} r. Hrs. a9k Rosenberger minutes got there ago, after in she did not, in answer that rooi.l ere, say that nhe got p•oper t.} to Isaacs got is all conl<l say. I Q or whether say when I came oat I A first you ca1.1e out, I don't I Q Hollar ~"Till Q Mrs. Didn't Hollar Q Hollar that time. in the room there -- didn't I ask yo, Mr. L 1dwig Hirsch got :t r. with ~O'J.ll". Hirsch say more than '18.Y anything the junt a fel'l vrhcther yo 1 to l1im first? I :=macs. That I saw. · more tll3.n what you saw? me j mt a fe1.': minu.tes a 0 0 A -- Mrs. you. you tell told me the sane thing? A I rridn' t say anyt11.ing, you. '.fhich 3ot lvrs. he can ask her I can do. you tell tell Didn't couldn't •:rant yo,_t to A That 1s all I Hr. Does your Honor thinl<: that is to be asked of hi~ own witness? Did I asK yo·J.., or did I not, go, before to there. HE COUHT: I think question. minutus Ludwig Hirsch if' MH. SIPE: Q 1 ,Ir. Isaacs with sir. five Hirsch Ludwig ri~ht. side. 1 there? -A /hen you got up to the Q that r.rJ. :rou Mr. Ludwig Hirsch old Mr. Hirsch, boc'.Y before if I underst· there car.le aft-er itness first? A I think I got there me. I don I t reme1uber which told to stand aside. first and was coming n.t �, .. ~ ~ •; 1j �. ,' --238-MEL o: court ao.j ourned o'clock. un ti 1 Friday norning, 9:30 MR. COi'JRAD: I am through for the .,or.r:0111:1e3.ltl1, <,ir. THIS BEI TG ALL OF THE TE.STI1101n introduced, on behalf introduced,, on its beh;:.1.lf, in rebuttal, follov,ing Dovel father's the kil:i.in call for yo 1 thereupon on his HIRSCH, for Mrs. Q CO!D!.onue'll t 1, to behalf, the r,iaintain defe idant, introduced, the to be if3sue to further in snrrebnttal, the testimony: JULIA not issne the aintain your of the or offered the stated resirtence of Hr. 6 your defense: on yesterdaY on the Isaacs, A No, d.id that? by Mr. Harris: t:1at evening she heard "Papa, father, examined of t 11hile 1e you run 29th :passing of July, do•:m the :Pa:Pa, come here." sir, ql1e nas state after street and ;7hether or I dirl not. CROSS-EXAHINATIOH BY MR. COHRAD: XQ tions Your of your tii. e, have XQ rBlations sister they Lessie, not? You live to Mr. Isaacs A in the have Yes, hone ::i.nd his been e1.tirely of your fathe1· You are Hirsch? \VITHESS: tol~ to ann. the f'rienrUy rela- for Pone sir. l R. HARRIS: Witness wife, tand Yes, sir .. aside. and 1Iox? a sister A Yes, qir. of' 1.1r. - ox �•. . ♦. I I• �And this on behalf the Court Bills of Exception after argument dered their for by the court, to se aside ne trial no. introduced and of murder punishment nine the jury of the as is eet out 4 and No. 5, and th reupon, second confinement by counsel, (in degree and in the penthereon moved the and grant addition :No. 1, had ren- judgment of the jury the verdict of Exce tion the jury and before ed, accu fter in the at years, u on the ground BillR i eviderce the of counsel, his itentiary the instructed verdict ascertained all Commonweal th and on behalf of the accused, being court hi to those a set forth o. 2, No. 3, No. 4 and lW 5. sai c. v rdi ct th t the evidence, vas contrary to the law and the he curt which motion WJCI overruled and refused to set aside said to which ruling excepts and ray o the the the --nee a'"'~ _ signed, his Bill evidence all and the the sealed .i.id a ne the accu of Exception sealed, enrolled setforth Cour~ certified enrolled this for -----Judge of t e --ki ngha " is going trial. <" ri day tr_e dn.y c re and, adduced t after :z JJ..A/-z;:._~ .._ ed which the the adduced trial, ro. 6, of the record, d t1.i n thirty OU Court herei nbefor evidence and accused 1e of the m_:.1,ybe man<> a part done, r' this t sat:1e may be signed, with triaL and grant and judgment and tenders togrther at verdict the �l �. ' :o. InstruC'tion T. e Court degree is any afo::-e:hou~ht. :t ,,.der in t e 1 instructs illful, I 11 other S":l the deliberate, I!nl:rder --· ju..,..y that n :rder in trA pTemedi~ated than . der ~ith malice killing in trie firP t deere ond. deg!'ee. {, I iJ :i''Lst is �', '' . ' ~ 1 �Instruct The Court and ~~emeditated deliherato intention prior killing "B:RG. to kill should to the actual ohe'tl.l ci instruc"ts cone into or an, Wr-i ht I time the jury killing, it for reviousl. . --- t at to C'onsti t te ·villf'ul, it is not necessary for 9.ny particular exist killing; existence ion _ro. length that of time is ~aT~ha~~ the irst tine the intention at t.10 time of uch �'¥:, . l •' ', . ' �' . Instruction The Cou:rt instructs unlawful implied. consists the sudeen kill tng oJ' another ~he difference in this, heat that of the No. that the jury 'Hi thout betTreen the rnanslangh'ter, passions, --· malice, crimes manslaughter either exp:tess of murder whe:re voluntary, murder from the is the or and mal'l.S.langhter arises icked_ness from of the heart. i , �. ' �Jo. InstT1ction The Cou:.rt instructs is the unlawf plicd., co bat. 1 killing upon a s 1.ddcr. h,, the of another ~· . ,a '?tM"- jury that •:ithout '.!.'-'~•Jcnable voluntary malice, :provocation r1anslaughter ~~ actu&l or im')T in 1mt al �! • �'T'he Cont instru:~ts the j Y.'Y th·.t homicide on the ground t at it 1.iras :r.lUst te ehoi:m th.2.t t0e accused, at t:be deceased, was acting irnmL_ent danger that it "'as of death necessary orde:r to avoid minent to the death or great tre i tbe time bodily in self defence, he rausea. belief that of he 1.ivas in or--ceesed, accusP-d to strike the f=.tal bodily wa qpparently harm 1rhich it e death t harm from the a tloTI and in im- accused. ·upon to justify p::risoner' ornmittcd. a reasonable o:r great fo:r the Ar..d th.e Court relied under in o:r·der to j1rntLiy the killing s own misconduct I the jury inst"ucts :f'urt1er of ano :U-C tat the necessity must not arise A-<!-Cl~--;J /h o t of �r • �, .• Instruction The CouJ.'t instructs and J.nsu.fficient No. the jury provocation, if ---· that in all it may be reasonably the weapon made use of, or the manner of using circ1unstance, bodily like harm, the Darty such honicide intended will manner as if no yrovocation murder va., that in the first 281-286). degree. cases it, of insult inferred from or from any merely to do some great be murder in the second degree, had been given, ( see Mc. Daniell in but not a case of v ,.'. commonwealth, 77 ��.,', t Instruction The Court instructs excited by an insult of :redress, mental was not fE.culties was about, kills and after that by either stitutes murder I Leigh, 598 ) • by said whe:re a person, so de}Jri ved of his understand whom he had been insulted that deeree. tough f'or which he had the right causes, not distinctly he had gi1en any man of s1,irit in the fist that blow, of these he could the person and that the jury and by a severe he had done so, he deserved no. ---· what he and struck the decea ed what ould no the like, (See Commonwealth vs. it conJoneB, 7 �', ♦ I '·1 �... j Inr",rn 'I' given, slayer, facie r .e Cou:rt instr ith a deadly ,·ithout a •;ill:f a y, 1cts weapon the j in the or upon very 1 and premeditated cused the necessity t ion of proving ">lo. y that l)revious ... e:.1 a mortal ·)ossession slight _;:rovocation, killing and t ro~:s extenuating ,I j 1 h -,n,v; I of the it is prir:ia :pon t e ac- circumstances • Jo ·01md is • �' 1/, I �t ¥ I ' .. RGI ~IA. IN THE CI C IT COUR'l' OF RO CKil1GHA!, CO lI':Y • .s~ -t:re'±"~M:.., ~l.':3.:lli!, 1909, --------)) roNWEALT OF VIRGINIA C vs ) :HAXIMILI.An BILL OF EX.Cb>PTION NO. 5. H RSCH. ------------------j Be it case t ...e introduction and after on behalf the of accused, the t e Court trial the ertain of this testimony and on behalf of he irstructions to grant the en er d by tho accused as inclu d ed tr ...e Court and pra to N., tende upon the of all com"l.onwealth accuse instruction, A remembe ed that to saict , whi c are lettered as follows: ive, A. The Court i presumed beyond to be innocent all reasonable of innocence case ingtructs follows and applies at beyond 11 rea~onabl tertain~ reasonable the jury until doubt, his accused thr every stage thereof doubt of is find the accused and it not guilty. the duty is if accus ptio 1 entire reraoved the jury en- of the accused, .i cf •he d established presw until he guilt doubt the u.ghout the therefore, to establish decisive t .is the or of any f ""ct necessary is guilt and tl:at doubt; that ·uil t,, SU ury to ch �I ¥, l �.' ' B. The Court whole evidence in tructs in the pothesis consistent homicide was excusable the case with jury that there the the if upon the is any rational conclusion accused t e that cannot hy- be convicted of any offence. c. The Court the jury is rne nt such a substantial doubt the instructs evidence, :prudence of average a matter or lack doubt by reasonable growing as would of evidence, to hesitate involving that out cause a man and be uncertain the graver transacticns of about of life. D. The Court entertain instructs a r .asonable or the defendant flict ·hich death, it is of the defendant the deceased the first doubt was the ensued the duty that as to whether original aggressor and in which their jury to solve ar d to consider 1as the original the if tr!e deceased in the deaeased such the case con- met his doubt aggressor they in favor just as though and committed assault. E. The Court shall telie and killed that he was handn of for the jury the ve f om the evidence the deceased under in danger of serious fue deceased, thou h such instructs danger in tnis then that jury the bodily is if struck apprehension at the har he vas excusable not whether the~ defendant a reasonable may have been unreal. casa that in so acing, The question the taking of �' . �the life but whether which of the deceased might have the accused, under all he found believed himself did and action which order to it believe serious avoided, by migp.t reasonably death bodily ely circumstances necessary in ' the sa the surrounded, resulted avoid been to use of the have the defensive assailant in harm. F. The although and of may believe they on the defendant, i nsul tine the was justify the or and excuse defendant, that in the nor that evidence t~at the of the tragedy, used rude or about the little such rude and insulting to the any way, jury the the de ceased did the from to, communicated def en dan t, instructs afternoon language deceased, language :x~tt Court deceased, this in making use of deprive such him chi lo. did not upon an assault language of his by the right of self defense. G. If that on on the one burg, able r:-ian force ,er, then by such harm; self-defer:tse, excusable guilty. of public was said and and and defendant force as if there had in his his assail;,_ the jury the the and peace- right by to of the the repell reason to from own protection find defernmt Town of Harrison- and had t was lcilled, slould last, ev ide:nce assaulted exercise the the in a lawful he believed, for I 29th -O'f the r'.imself then from the July conducting and believe streets was necessary believe, bodily the was deceased, r qq:ii1 jury afternoon of and the this rigr>.t such killing defendant not serious of was v.a.aa �I • If, I �I ' 'I, . l I ' . '. " . H. The Court the, may believe feeling an the deceased, 1hile the streets in the in between deferdant still, that the the had if the they uttered the vocation although that there was the then must against from the the evidence y and peaceably the act by him, upon and of be referred received ill- defendant, he was assaulted deceased, blov, believe was lawful neceased of the and threats furthe defendant y the striki that, de ceased of Harrisonburg, face jur f o.n t:1.e evidence existing tat instructs the to defendant the rather struck pro- thR.n t the I. The Court believe 29th fro.n day of peaceably and evidence, that uly last, accused upon ri struck ht order use to repell believe the assault the face by the force such but as W"'S that a piece suddenly harm, and unintentionally used force than but by him for an' harm without or involuntary _produce the sole pur any intention death, then the manslaughter. ose there assaulted he had a And should the repelling not that more such cause force his him seri would n attack previously serious therewith further such a blow or in jur up by him while of repelling killing Town of necessary death to y and then continued, not of the reasonabl..e,. in picked would was necessary, and of plank, hLn was being ordinarily the they if evenin deceased, attack. evidence that was lawful of he was then used upon streets that such defendant the jury on the and fro .. the poseeasion, the one of in to the the Harrisonburg, ... instructs only in his 'the from vhich bodily or reater was used assailant us bodily be �.·' ... ,· ... �J. The Court io the manslaughter heat instructs of blood, the intP.ntional upon strong jury that killing voluntary of another provocation in and without malice. K. The Court they may believe while engaged struck Mrn. either purposely that fact, innocence from in the a personal combat w · th Hirsch, who had or accidently, fact it th jury that ~ ..\,."-·\\.~ of the evidence JW~ta:. if instructs be, in defendant in run they that the defendant, the deceased, between are determining this although ther.i., not to consider the guilt or case. L. The whether or not reasonable bodil ourt and haracter consider all cy the evi r,ence, to defendant the that in weighing of his the the aefendant the apprehension harr, and instructs acts facts and as they 9.t the struck the he was in and at jury that danger tLne, !!lay rea onably he struck the they a natur£· should as disclosed have the under of serious determining that determining deceased circumstances, ti.rn in appeared blow. M. The Court burden of proof defense, that whether offered the he minds struck instructs rests burden upon has by him or of the jury in self-defenoe the a person been the borne that while the :plea.din-.:, self- whenever the evidence, creates in Commonwealth, a reasonable or jury douot otherwise. as to whe~her �t • J �... '' N. The Court all of the easonable fatal doubt to whether as some other in favor as prayed for b Instructions A. it of the accused. thereupon, 14, 15, T is accused:, n. inclusive, as tendered; gave to the 16 and 17, they if defendant their struck bodily inst ms harm, or such the as aforesaid, the he to solve to instruct jury in the granted Instructions E;_,G•; and and modified jury a that duty but upon entertain serious refused the A to C. and F., or reaso Court that apprehension of death But the jury the a. reasonable da rger the case in this in irn ni nent doubt cts evidence blow under for instr uctions Hos. I.; 12, and, 13, as follows: 12. The Co rt is presumed beyond all follows all the every a reasonable or of any fact is the reasonable entertain doubt at decisive accused until d~ubt, reasonable and applies beyond the to be innocent of innocence case instructs not guilty. that is this if of the guilt to establish dut established the until therefore, accused presuro throughout thereof iA the the guilt and that stage doubt and it his accused doubt; necessary jury of the entire removed the oft his tion jury e accused, ::,uilt, jury such to find �T • �f • The Court doubt instructs the Jury is meant such a substantiai or lack that doubt growing by reasonab1e out of the evidence, as would cause a man of average of evidence, itate and be uncertain tions of 1.ife. about a matter involving prudence the graver to hes- traneac- 1.4. If the Jury believe accused that struck and killed he was in danger deceased andthat own protection it appeared cusable of serious that the under& reasonable belief harm at the hands ot the bodily was necessary for him to use such means for his or serious the circmnstances to the accused, such belief the deceased from death ion of the Jury, from the evidence bodily existing were reasonably harm, a.nd, in the opin• at the t~ne, eufficient in the mind of the prisoner, then as they to produce the prisoner was ex- in so doing, uestion for the deceased might accused, under all surrounded, believed thoug such danger may have been unrea1. The not Jury i /whether the taking of the life of the in fact have been safely the ci cumstances by as shown by the evidence, it necessary and did believe which resulted in the death seriu• harm. bodily avoided, but whether the which he found himself might have reasonably have to use the defensive action of the assailant in order to avoid 15. The Court believefrom instructs the evidencethat the Jury that the defendant, although they may of on the afternoon I the tragedy, child used rudeand of the deceased, communicated insulting and that to the deceased, language to, or about such rude and insulting this did not justify the little language or excuse the was ��deceased did in making an assault aneu the use of such way, deprive upon the him of the e by the right defendant, nor defendant, in any of self-defense. 16. If on the the jury afternoon streets and vms conducting of hi,nself nd was then from thf 29th,last, of July one of the nublic manner, believe evidence the that defendant was on the Town of Harrisonburg, in a lawful and ther. and peace assaulted ble de- by the then the defendant had the ri. ht to repell ~t/k ~ by fa.iae,e euoh as under the circumstances then ce:',lsed, force existing, a n cessa:y for harm; they his excusable to the accused, h · s own protection and if, defense, appeared in the exercise assailant and the jury was re fro::n serious of this bodily right of self- was killed, such killin should the find sonably 0 accused was not guilty. 17. The Court the jury believe f on the evidence that of July last, got deceased testion the accused in which it reat bodil bodily har used a piece his possession, but suddenly trary then manner of its likely use, to any reasonable the killing would Involunt a difficulty ith or his to produce the in the of plank, picked only the ov n prodecei1sed course or of in up by hiill 1 a blow dea'th, for be involuntar ry manslaughter 29th not previously and frorr1 wh· ch it exp ctation they of the , and that difficulty the into if evening harm to kill said from which was not on the that as not necessar from serious to do hi;rt .. instructs consideramg would be condeath to result, "anslaug is a. lcillinD' 1ter. ontr r �( •' �to intention, death, able with an instrument or from which expectation it for would death not likely to produce be contrar to result, to any reason.;. in sudden heat I of :passion. and refused, K. L. in toto, Instructions . and N. to which to grant theinstructions follows E. G. and I. 5 may be of the of :prayed for to grant as tendered and each of them, excepts action the in refusing Court by the J• B.D.H. accused, as B. D. H. J. K. L. M. and IT., and each of : them and in refusin them, numbered and prays that signed, sealed record which day of October,1909r~nd adj ourrnnent of said Instructions by the the this accused accused, and enrolled, Court. of Exception done, hirty days this the-~~·~- _oext J a, J&jp_,4 of the Circuit Court Judge Rockingham ~o. and made a part is accordingly within and modifyir~ by counsel, Bill his numbered County,Virginia. from Seal. of /,1 the �r • �• y·1~c.,-1.,v ( tff Ir. -v~ / ;f ·V.-- s , L...t, ""' W--U~, 'a,, M a,;__,(_ ,,/- '/'Ji~e- ~ --A ~- A t~ (J..t,t "~ ell! ! '- ,0 ~· a.. ?,(.....{-_ I u~ IJ 1- 2... .. ��t • fj ti.. /II > -- .,. ;'Jl,.~...,, 1.~ ~ ts /~' ]£_ I 1-d_ -.r-,.._-. I a,l. t~ 1'J I- /1,. c... / , t.A ?ti ��VIRGINIA. ~ OURT OF ROCKINGl IRCUIT ------·-- -- ---- - -: ____,_.. ~ COUNTY• ... . COMLONW'EALH OF VIRGINIA. vs : •• l4AXI!ilLIANHI SC'. •• -----~------- - ---- _..., ..."' BE IT RKMEKBERED that ali after on behali" prayed of the testimony of the accused the Court first degree ing the ith is any malice on the ttial. on behal the jury instructs the Connnonweai chat murder the jury All aforethought. ca.ee as follows: deJ.iberate ilfuJ.l, of this of the Commonwealth and had been introduced, to instruct The Court :BILL OF EXCEPTION and pram ditated other murder in tile kill• is murder in second degree. Every to b elevate urder unlawful in the second the offense homicide agree. to murder If in the first the characteristic• of the offense; reduce the burden the offense, is presumed b the Commonwealth would degree, she must prove and if the prisoner of pro the la r is on him.. would ��-2 The Court deliberate wilful. that l,ngth if to kill such intention instr it of another the jury without e •Neen in this, is not necesso.ry for any killine: existence to constitut~ it for articular is sufficient the first ti. me a.t lhhe or any time previously. cts The difference consists killing, shoul.d exist come into tl. e of such killing killing that to tre actual of time prior The court the jury · nl premeditated intention tre instructs malice, either is unlawful or imp1ied. express the crim s of murder and ma.. slaughter manslaughter, that fro11 a sudden beat mans aughter that of passion, where voluntary, ari·es murder from the wickedn s of the re·~rt • .... -4- lice aforethoueht is any formed mischief, whether arising from hatred and revenge deceased, or per.erse malignity and depravity of doing esign against of heart in general. :B!xpress malice to t--~ke the life harm,the intention stances, as by consists of #,...per on slain being ascertained l.ying in a deliberate purpose or to do him some bodily from external in w~i t • antecedent menaces, circumorrner flu_ grudges,~ a.tt #ndent cir ns tances, mplied me,lice is ~ny evil -2- &c. design in gen ra~-nd it �' . •'· ---- --- ';\ '*~ I t �,,. . . ..... means that the circumstances bent regariless s_ rit, maliencit manifest a wicked, of social duty de rave nd and deliberatel on mischief. manslaughter Voluntary of another without malice, is the unl~,wfu express of implied, upon a sudden ;,.._ heat on a reasonable arising provocation illing u., ,. or a:mutal combat. -6- In order 7/uif it that is committed deceased, and t_~t it a blow in order ntly the jury killing to evoid tre of another necessity relied must not The own misconduct. that accused ise he was in i to strike bodily the fat~l harm which was And the Court to him. of the har:n from the dee ee.ae4, the accu8ed or great death the de, th belief or greu. t bodily n ces ary for on the ground , it must be sho n 1nder a reasonable of death innninent that defens homicide a.t the time he caused was acting nin nt danger _, a~rar in self accused, the to justi:y further upon to justify instructs the out of the prisoner's must .. ot bring on the difficulty. -7The court ~ccused pleads self ins true ts defense, accused.to sustain t the fon or the Jury. the jury the burden such plea that of proof by evi.den where the rests ce to the upon satisfac- �. ' �-8- The Court is a uar tNo el between combat as a result prove gi,ren, W"'S he cold killed he declined further safety: and, reat bodily uncter all a reasonable necessity existed is one for un arrive ensues, before the prisoner the mortal combat and retreated that blow as far as he necessarily to preserve ovm life his or save instructs the jury that there xu taking~ the the question was ground life that for a of the decease upon the head of the d.ece".sed a he::tvy blow, the at tha in the min,l of the accused fr and and death defense the circumstances, belief or of inflicting ing in fault, harm. The Court whether, where there )'\ secondly, in order that Akes place r:#-~l.J first, from oth tne"'- killing the deceased him~el rsons, two things: with the jury of such quurr in or er to reduce ~ust instructs of the jury, determination their conclusion under all and th( jury the evidence are in the ce.se. -10The Co rt believe from t e evidence deceased, apparently Louis Isaacs, c using of the accused could nstructs did not an assa lt that peril ithout of a mere indignity ry from hich have been apprehended, excus resistance if they was made by the u_on the accused or a mere b· tt not reasonably s id ~saacs that the jury a weapon and to the person great bodily such assault har by by the o..ccused to the �r • �extent of taking such peril the life of the said Is a.cs, ould not have been escaped the ·hnger to the accused (See Honesty vs. by r'""t- eat even though by retreat or though wouln. h ve been Conunonvrn&.lth 81 Va. increased. 283). 11. The Court believe from the evi~ence and his wife and that having cursed and said into Louis ~ile said said accused a violent fracturing fro asking struck with his and at her and that and that that either was atta~pting fists, the Isaacs while the. struck followed ace sed t.e combat or to assault the accused accused or assaulting said Isaacs thereby of said Louis so tht he died day of July, 909, the he was in im..~ediate harm from said Louis to the accused an u -riolence of the Isa~cs, ce that so t:rough Isaacs his weapon, the skull of Louis accused, concerning blow on t e head with a deadly blow was made, appear the struck Isaacs 29th,1909, w re then enga ed in mutual Isaacs they if of July the accused chi d, the accused Isaacs Louis tht the accu ed met Louis the road and that on the 30th f~tal evide !sacs her husband the accused tat her the jury on the evening threw a rock at Louis then ... that on the street upon Mrs. thereupon instructs danger Isaacs nd that and that towards bodi y a not re~.sonably nd t~ere to use .i:ct u o_ the lo and 'f apprehend or serious it then he jury further s id fata 0 said Louis there- at the time said did not reasonably of death necessary in inflicting ~lice ccused Isaacs believe he force head from t e 'olow the accused Isaacs nd intenQing id either �,. �, .. I , • , ' .. ♦ ' o 11 or do serious is guilty b iev ort of murder from the t· t in bodily in the evidence nflicting hann to Isaacs, second and premedits.tely deliber.,tely you wi l find t~e accuse to the f~ t".l s i and if degree, in addition the accused the jury m~~ tters above blow the accused killed guilty then the said of ruraer set- wilfully, Louis Isaacs, in the fist degr1;;:e. dea· ly we pon is any weapon or instr A wh c is from ·ts likely natur e manner and o produce of its ent se by the accused death. -18- The Court that t ...ey are nor are they not to go beyond to en terta.in without and substantial be doubt in order t0 find and of the I be given doubt must be b~sed upon the n this to the evidence erico.l to proof to it. It must be serious ::i.rr;tnt an acquittal. or facts necessary f conviction anr- It must for the jury ot of im• circumstances. -19nstructs case, credibility essential , It must not be an arbitrary a verdict The Court at a verdict up doubts chi of evidence fact and nonessential vi,' ence to hunt of law !ls <>re merely to sustain of a mat~ri2l to believe material evidence tter 1 oubts of ~he accused. of the guilt doubt such or on the aboence as a the jury the A reasonable or conj ectun ..l. eviuence, instructs they of the are the jury the sole itnesses or any part that in arriving judges of the and of the weight of it. facts to When witnesses ��,. r • testify opposite weight to each, in determining of v ri to take of the case, to the parties ship stand, their formation and all trial, as they to such extent ruled the objection hich action of them, accused numbered 1 to 11 excepts which he prays part 1they said inclusive, i1 granting incl1sive, and tenders this ma,y be signed, of the record merms of inappearing to the testimony on of any may deem proper instrumions objected, and granted of the Court on the witness thei of which by counsel of them, Numbered 1 to 11, if or proper. think To the granting of them the accused c:c:£. bia.s, circumstances the circumstance~ relation- reasonableness statements, or deny credit intereit Or feeling the the surrounding as 1 under witnes intelligence, and to give their their and demeanor of their they have a consideration their the to the testimony they have any, appearance apparent or unreasonableness into if but to be given invol,red, any is shovtn, their is not bound to regard balanced, the weight s witnesses, A in the result the as evenly of the evidence right the jury his seale thirty the Court instructions said to instrutions and each and 18 and 19, Bill and enrolled d the of E&ception done, Judge of the of . ocki righam No. 4 and made a th s s next over- and each and 18 and 19, which is accordingly day of October,1909,a.nd within adjournment of said Court. but and each g,fter aunty, ~ 6~ he th SEAL Gourt Vi re;inia. �r • .. . �• I •' r VIBCI1IA. IU THE CIR ·rT COURT OF O KINGHAM COUll'l'Y. O',rMOJ.fil.;AL' H OF VIRGDaA. BILL OF EXCEPTIOl vs .i: MAX Jil,IA BB IT RE' " BER] case and after evidence to in the chief, ·how threats the foll a in Bill of I~cention to as of 2. in his v1ere ap is is I will Hirsch, just to see your a conv rsation the r~lations Hox Hirsch, in-law Isaacs, that convers by .J.r. Isaacs A. is tl~e Certificate the of ( rirhi ch Bill made a part specially hereof, m"l.de),: a.sk yo ,upon the occasion, ~r. before hristuas, 11...en ou went son-ir.-law, (r. Isaacs, ou had wit 1 i1r1 wit:. reference to hich exiAted betleeD our son upon the one and, and u on the othc , nd ,Lether in tion any anintosi ty vrns ex reseed towards our son fox ? s sir. Just state hat that he said? 'ell, rent p -- And thereu against a d "t.he follov!ing hereby hereb' tendine d To of Exception reference what A. from this its a.nd th ,reupon ropounded e, rs of introduced accused C le.half, trial evidence the t No. ·'hich on th offered t e accused iven, Evidence, had he part questions answers and and ,ri tncss v.-ing that Co111".Tlonwealth had or. decease, father, o. T HI SCH. on the place: -1- following convereation ~s, proceedings took ��f • I object. after. l~ffi.COHRAD: don't MR. H.AMHER: I am going upon THE COUR'.i:: L • HA: the my not threats. ou are to lead u:p and sho part of the deceased. ask hlm if he ever threats heard any mn: Your Honor will recall that ffr. Conrad asked 1rs. Isaacs abou the relations that existed between her husband and the other m~nbers of the f 9.TTlily. ''le have a right to go into that matter; it is right to ask this question upon the theory that it will bevneen show the feelings that existed the deceased and Mox Hi sch. THE COURT: The ruli if there sustained. q is of the Court to that objection is one, is that the objection Exception for the B know what noted to ruline accused. of Court MR. SIPE: Please state whether,in the conversation to which ~ou have just referred, the deceased Louis Isaacs , made treats or xpressed any animosity towards your son, lox Hirsch, and, if so, state what he said? rn. COlffiAD: There 3,re two questions there and to either one of 1,hem, until the have made out a pri na facie case of selfdefense. I object We contend t:i-1a t there in evidence introduced the witnesses for the witnesses for T.lr. Mox prima facie case of s allow us to introduce MR. LEE: T has been ample t~ is case, both by pro ecution and by the Hirsch, to make a f-defense, and to this evidence. COURT: I thi r'{ I will allow you to ask the question. ,Jow, Mr. Hirsch, in ha Iiffi. state what was said con7ersation? CONRAD: SIPE: pleaoe You mean communicated threats? [y purpose is to do that. I am doing it with t.he best of faith • asked you whether he was • CONRAD: I just goi rg to testify to COf'lrnunica.ted or uncornrnuni nted threats. �f .. • �.. I , • • , r 2-3 A. Q.. r.t..ysor-in-law, Lo Isaacs two little girls -- , had insulted Tell was. what the conversation THE CO R'l': No; you cannot tell the conversation. If Isaacs used any Maximilian threats against Hirsch you can tell it. onfine your answer to that. A. Yeo sir; that night he said the damn son-of-n.-bitch. Q. id you tell I did sir. A. rn. -ox Hirsch he would about Do I understand your Honor :to hold the witness cannot telate what passed between himself and Mr. Isaacs? 1,E.E: in chief,but I think ·ou the circum- on Cross-examination could go into all stances. MR. LEE: No use for us to show the threat unless we can show the Jur th condi i s er ich s made so hey th threa can und rstand the circumstances. Viithout stating anything as t9 what Mr. Ludwig Hirsch v.rill testify, for I do not know that, suppose that he would testify on-·n-law,Isaacs, he went to his for the purpose of brirwing about a reconciliation, and, after that, had been met ith that cl1aracter of response fro.n Isaacs, dontt your Honor think that would be relevant testi ony in chief, shedditg light upon the character made? of the threat 'l'HE COURT: As I understand,there nothing I will because the Court will circumstances t e threat conversation of that t~reat probably r. the but please preceded is ourt. don't not :permit was nade by i riedia.tel by before question, this ow, Mr. Hirsch, answered• what ask kill that? TEE COURT:rot on exa.'lination Q.. my state it answer to be under hat 1r. Isaacs,and the otatement Isaacs? Objection; sustained; the accused. exception for it �,, f • �2-4 ' r THE CO R11 :I am .f:Oing to let the witness ansrnr that question, after the jur has ruled retired, for the purpose of being on, and ou c~n nut i~ the record what you expect to prove. (Jur· retir d from court-room) :.:r. Hirsch, if I have used any language or expressi ns in that question which you do not understand, if you mnt, I will explain it. I wish you would explain it, please sir. Q,. When I said ir-1.nediately that "fJ. e ad 'p·~ecedinu' went before I -n.ean the lan uage the statement that • A. On the night that I went up there there some trouble between him and 'Crry _irls. He ny girls. He sa'd he would .ick rny insulted littlPdaughter - her name is Julia - he would That hurt my feelings kick her out of the house. very bad. I ,e nt up there to see him about it and told him, Is s, "Lou, if --n.y little children does ·ou any insult or does anything wrong to you, it is your place to come tJ Ee and I o~ld co~rect them riuht before your face, and he says, "N9, I •1ill kick then out. And its God damn equal to you, if you come in my house; and if that God damn fox Hirsch comes into ny house I son-of-abitch am gain.., to kill him. was T at is t. e l:;i, t ti,ne Q,. :vi th :v1r. Isaacs? A. Yes sir. ou had conver any a ion THE ORT: We are not trying the case now, Jr. ipe. The objection to the introduction of this testimony is sustained, and you save th. point on that rulin~. ,.m. LEE: the objected and jury, to which tain· to the ng the in the that sealed, this the ruli :1..;, objection refusing jury, of which ourt to per.nit refused and oduction 1i.n evid; and of the enrolled Bill accused the the action the the Com'"'lonwealth objection and to the eo ourt evidence counsel :nade a part the sus- aforeoaid, aforesaid excepts and To. 2 may be of to in ominornvealth,as the by of point. 9 : 30 to narrow ice aforesaid of Exception and until evidenc sustained to permit his e we save Court adjourned ,'lornirw. "E~m: to Of cour the record, to go pra s signed, which is �.. �ac ordi n~l , d ne, 190 of ~• and within .is thirty of October, the da s next after the dj ournnent s id Court. EAL ircuit Court the n. County, Virgini_a. of �f • �VI GI GA. IN T IE CI ClJI 'l' COUR'l' OF ROCKI HGHAM COUH'J'Y. ~:s , ◄ ALT. 0 1IO /l 1909. 0 IHGI ,IA: :BILL O}' EXCEP.1.IO I. VS MAXIMILIAN ro. HIHS CH. BE IT REME,IBERBD 1;hat c se, this behal during of the the of the fux denut:y Hirech ing of from the conversation chief the tha and had accused 1·or a on b half he was guarding o'clock at on the rich been time th the after on asked examined three of D.E.Cr ushorn, , and which thereupon in of behalf and 30th,Hl09, hi ,rial 1.he testino11 recall previously two or with and exa:. ined been of the Co,nrn nweal t to sheriffs, July tailed; the perCTission who had cf delivery accused, and obtained witness the or 3. morn- he had i tness de- had been uitness cross-examined touching said a on conversation, ~t.-.....,;)~ as appears "' ill of fro p ion :E;x i which reference if fully set to a question as follo~s: 11 the her evi df'nce II b y is forth ade hereby certified (which ill a part 1 ere specially herein), by counsel as in f and. t made he witneso, for Then he (referring to I had been to church'; ep ion o , a.s in ans re accused answered the accus he ( ref d) says: rr · ng to th ��• • ... f 3 2 accused exci tea.. now' • " says:' I was And thereupon propounded to the Q. I wasn't just as the foll witness by the le st bit cool as I am just wing question counsel for wa the accused: That in, when he came from church and met these people, he wao just as cool a he was then? And thereupon m. the CO RAD: following colloquy I object. hat ensued: is for wnent. ar ;"\ THE CO RT: las ther anything more said? '-' I don't think there was anythi1 g more that I rec llect now. After him again. he told me that I cautioned I didn t want to hear a rything about it. 'Don t talk to me about it. and "All right". he aid, ITrES And thereupon -pounded by counsel eiven answers And that A. Yes si A. X~• A. following for the by the witn XQ.. XQ.. the wns the q estions accused, and the were pro- following ss: end of the c nversation? . rha t he did say to you was I He had just been to church and was coming from church a11d was l)erfectl cool at the time? He says, 'I just came back from church', I rasn't the leas bit excited. he says, I was j u.~t •1.s cool as I am now. ' That is all he said? That ·s all he said that had any oigificance at all. I bel'eve he did sa he hadn t t been in n1uch trouble except a c uple of little W.'.l.rrnnt trials. I believe he ~old me that. �, �.. , r • 3-3 And thereupon, t e attorney wa for propounded Q. the to accused the the following answer of which objected, but and permitted as is foil the the Court overruled t itness th answe Courts witness to the out action go to sarne, which action and of accused the pounded as ness to r'lling and in to sealed and the that and to ~v motion the Court Court the in his enrolled, out aforesaid the ill Court the question t to answer strike the answer p r 'li tting :ro. 3 of Exception a -part of the objections be pro- oa e, the and action ac ...u ed by coun"' ar,d made to o whi nh overrulin and f th overruled. witness ruline objected answer d the said strike evidence, tr-is the and the I too'· rage was then. used it, I by co nsel jury, to which question in accused in permittir~ ermitting refusing re~1ain _ rays of ·he and per~ttting aforesaid, C urt the ,and ws: And thereupon the question question "In v· ew of the conversation we had it to mean that e meant whe t e happened he was just as cool as he I cannot give the lan~uage w both but jud ing from bet, en ·s there, took i that tha is ,hat he meant". to by witness: propounding by c unsel bjection his cornmonw alth, examination The lar~uage he used about being cool, to when he s'lid he had what was he referring jut com from church and as as cool as to you? he was at the time he was talking To the the u.pon re-direct of f the t e vi tsaid answer 1 excepts, and may be r.igned, r:ecord, 't'hi ch . d· 1 "') J..• 1~ 19 acc_or _ing Y_ don, this he~-day of October,1go9., and n thin th1:r-ty says next after the adj ourr nent of said Court. tJ 4 It ________ Judge of the ingham Count SEAL t,=--"-/.:__1/J ,. /~----- CircuitCourt , Virginia .• of Rock- �r • �• r " VIRGINIA. IN THE CIRCUI'f COURT OF ROCKINGHAM COUNTY. 1909. CO:'L'f01RVEALTHOF VIRGINIA vs BILL OF EXC."B.'PTION 1"1:AXI MILI HIRSCH. NO.l. Be it this case and durirg of the Commanweal th, behalf ed as a witness sister accused, and evidence (which part its during and her inquired been on bad ter that he was on bad d.a hat her the propounded reference Isaacs, the the between r.!r. and ~r. Lee, UR. C01 AD: Conrad, of the counsel the the the in #6 is hereby specially the accused. deceased, v: re the been had the married. for th i'litness: on good with colloquy for a who stated from deceased following for setforth c unsel Attorney the made been on good terms have you? " n the a hereby sister-in-law "You say Mox Hirsch has not terms with your bro tl er? Arni: o sir. 'l'hereupo Hirsch, is whether terms·with i 1tro duc- of Exceptions theooquestionsto You have not the Hirsches, on of as Bill on Cross-Examinatior., Thereupon, testi,nony Arthur #6 and of a sister-in-law witness brott.er trial Corn.monweal th ~rs. in s with the the examination, to which of upon of the behalf certified and that delivery of EJ!:ceptions hereof accused the dec,ascd as Bill made) in the of the remembered any of ensued tl e Commonwealth, accused: That is not the question. This trial of the Hirsch family,but trial of ~ox Hirsch. is it not is �', '! �f -2- • MF. LEE: I simpl,y want to show the the witness to the parties. THE COUR'.l': I expect testimony MR. LEE: you had to the better accused. relation confine of the I want to show the animus. I will ask a few uestions and let your Honor rule them out so I can take an exceptthis is pertinent - ion. I thir~ evidence. And thereupon the following proceeding took place: XQ. A. You married Yes sir. a son of Mr. XQ, A. Vha t is your husband's Arthur Hirsch. XQ. How long speaking Let's see before I 11ss four A. XQ.. A. XQ,. A. name? So you and Mox have not been terms for about four years? Yes, sir. on speaking I am going to ask you if it is not fact that for a long time you have on speaking terms with Mox Hirsch's Mr. Ludwig Hirsch? Yes sir. That is Yes sir. a fact, XQ.. You have him? Yes sir. not too, been MR CONRAD: MR. LEE. XQ. Hirsch? has it been since you wererDn terms with MiJx Hirsch? ! He stopped speaking to me went to house-keeping. That years ago last spring. X~. A. A. Ludwig is it on speaki I want to I thought Now, don't a~swer until opportunity to object. that for a long time you sjeaking terms with you r Leon Hirsch? Objection: for -2- also a not been father, not? rg ter s with object. so. has an the f ntleman a fact Isn tit have not been on brother-in-law, Mr. sustained; except~on the accused. noted ��2-3 • , r X~. Isn't it a fact that for a long time you have not been on speaking terms with any of your sisters-in-law, the daughters of Mr. Ludwig Hirsch'? Objection; sustained; exception noted for the accused. X~. Is it not a fact that for a number of years the relations between you and all of the Hirsch's have been strained and you have not been on speaking terms with the family? Objection; n~ted It designed the foregoing ... the witness ~e e"s.:jectioLa was not the accused; her sisters-in-law, that beir~ to a number and she being not cluding the Ludwig Commonweal th aforesaid, of the Court weal th fore· to or to to signed, record said sisters the each said to permit them, the accused his Bill day of October,1909 journment of said terms of with accused,and had been any of the strained, them,in- of each to of pe the the. it done, this thirt action Common- , hereinbe- the by counsel witness excepts. and l may be No. a answer and of the as , 11 to ruling objection of the witness and made 1 and within Court. objection each of Exception enrolled, accordingly a brother the the the and the is them, witness between to which same, and with and refusing sealed of sustained in this A/ father-in-law. questions and Hirsch, family questions, of of of the on speaking terms her that relations Hirsch sustaining enumerated, which the refused in the that and court either answerrthe prays not of years the Leon was Hirsch, and same, with on speaking answe.rs question3,~and she entire But the terms that witness show by the exception . ~ ~ ~ o...,- ~ ~ / 'ig w1'1.ieh wwexe auat-e.1:n~, on speaking for to 7c ~ sustained; the accused. for art the days of the i) /.•lte5-:.y- next~ vi ?z.~ Judge of the Circuit Court Rockingham County,Virginia. the SEAL of ad- ��instructs The Court beli •':3Vefrorn a personal who had they !l·rining co 1bat with between run are t 11e evide not the to guilt 1ce that the them, consider the j'ul""J that the th,t or i:nnocei10e struck th~y while def-er.d2.nt, deceased, either althouah Mrs. 1:1.ey engaged Emma Hirsch, r,u;,· ~o;:;ely or accidentally, fact, of the if fact it defeudo.nt l:ie:,,, in in i, his deter- case. in �' . �) The Cot rt 01.~ le a prt:han iun and in ~~i~hlnR acts at. that stanc ....s, :rn.ve a1 to L jury t·· · L he wa:;; in 'the.' -ci.l1e, t tructs u d det~r s,::; disclor,~cl ~ared in by ining shoul.d t'1 danr~er the nat·~~ consider evidence, t· e d f ::YJ.ct.R-nt at thr t in the all deter~1i;1ing of serious ad the ( bodily of his character facts and c.1.rcur.J.- as t:i1ey may :reaso ti::'.1e he strt~ck harr1, t_.e a.bl~r nlow. �T • �• • t Instruction ins+.ructs The ., nnrt. orne irhenever Gmnmon1 '8Pl doubt th, as t.o the the evidence, c-7'.'e3t.es in whe ➔ her Fo. h, jur!' th, t w· 1et.ll13r r,h i.le t.l"' bur,ien o.;•:f~i"'Au ' the min<is o~· ti e jur!' r-:t.ruc~}: j_n celf 7 hir<1 o:- of proof"' V1e a rea:=rnnable d~:fenff. ,or other·;ise. �•' ;. t �• , r Ini=; .ru tion T:rn C"lnrt e ri.den ,.J instrncts ir:. this case ro. t1;.3 ;j11.ry that t 1ey ente tain if unon a rt:i[l~on~hle low· ble ar,prP-:1ension that h~ ·•·~s in ir:1'ninent Be'l'.'ionc-; horl.iJ._r : arm, or for trJ solve si.icl clrubt in favot' some other o the <lanu'ir re son it of t: e all doubt no.1:: aA to r ") sona- ~ o:f de~ t11 o-i:i~ their a1:c1ser1. \ :ut;,r �, ♦ f .. • �r • .. wit' c -=i 1 ot ll1;; eonch1_sion on,ric.L ., t' of 9.· t: 1 e hc·10cid.e ,as axcusabJ.e t e accused .ny of.fence. \ �f • �' . C'ourt instructs Th a reasona'.le was th 3 d.oubt ori, ·ina ..l th J ,i ry t?1at. if :-..S to vih t:-1er the a:r~ressor cc,nflict it. s1.·c~1 doubt just ~itted in :favor a.S thour-h ~he first the deceased is assault. ento:rt2.i': or the defendc.nt wi:.:.ch ensued t',_3ir of t'r1e def ~.,..dant ~nd to deceased the~' was th.:: orip-inal 'uty tu co,sid.er aggressor -nd in sol re t:1-.:, case and. co11.- �!, �J'l'f.,. l ''.. ... fror'1 the lieve t· e <.:eceased und,;;:r u rer~:c. <..ble ... ~? t'i:--;;) 't., v ""i, • }1,;" of serious bodily h.r~ a+ the _ · · ... tl1a-r, .-,U.t/4 ~,t. of t~e hands ...c ,,, deceased, ;'\ xcu..,a'1le he uas unr al. he ~:-1r::t.akir.c; Dt_VOided, so dcL __,, hou51 L on for ,1 testi 'the jur~' of tho-~ ife o:i: the whether t· ..~ accused, but in li3ved found : in::-elf and d.id beliere v,r"..:..ch result~d in serious h,~r • bodily it f ecessarJ t.h.e deat:1. o. • 211 .l , !i.r,. _ l.:t,/ ha-e casB r:ri.·ht under urrounded~ de.ncer this c..~ceased / ie such is not wi ti7t.r ·;..ve oe_n of t b en safely circuns,.,anc I' ~ to use the ao.Jsailant the defe11sive in order to action :1.void s ��.. ,•' If public streets himself' t th-:: jury ir. frOL'l "" lawful II '/ re:;_ell 7' I believe, 1):·' t:.e l,· cleceased""i and ' ~:.:1- jury ass ....ilH.nt /YI,, f ( killec',, s::1.ould f inc.. tl:e O!'l t!·le conducting def ..:::ncL.nt h2.cl t "1.·::right said. -t;"- ..,.. tl., , ., " i (,$H<+-' "'1 • and had ...t .,..t.,.-..;t~ v r~Cl.EO'!to ,v ' 0 1,.111 ~ in t·1~ exercise was that and was 'asf11::: h~l:Levcu, ~ (:«as) n acfis sar~r fo:r : is :J.s t:1en ._ st..ch force • t\ • 1J0C:.ily :".lar.:n; a~d if, defense, evldence Ll.9.nner, ::.!1C.. was t11en a 1d a.nrl ·-eacee.ble • to the thl! '''o-.m of Harcisonourc, of }1B:-:.:l asso. ul ted believe rot ect iO~'l frou of t isright such dcfe,.cl..,.,nt ld.lli:::ig 1 ot s er im.,.s of self- was exc11s· •1le :::;1.,.ilty. ��r • 1 • .. t I ' ' \ T1e c~11..rt inst!'l).cts frou betv1een tne believe fr•o.·1 t·ie struck they :.ocy- existing d.e f t:--:cl....u t i'1 exiEting evide:·,ce, ";:11:3 voe a ti on of the ously t:.<1..t, although t:·1t, evide'Y1ce t~rnt t :1.ere was ill-feeling believ.e :,nd th'-'! jur.r face ,,J low by t1c...t w:hile the deceased., t:"e def'i.;;.1dant t:1.-m t:re ill-feeling. lawfully &.ct o:f t.he de- rec1;i i:red l')y hlr:i., rat~ er t 1ar.. to 0 was the i revi- �r \ • �,. r • .. .f a l-iace of 1lan1:, not rtriOL!...ly in his or;~"es~io'~, tut suddenly �' . \, ' \ '. ' • I . ;, f �ki llint; strong :-rovoca.-'-inn of anot:'1.er in and without ms,lice. h--at of blood, upon ��.. ,. r • CERTIFICATE VIRGINIA, COUNTY OF OF COMMITMENT FOR TRIAL. ROCKINGHAM---To-w1T: To the Clerk of the Circuit Court of said County : I, . f If~ ~ that I have this day committed county, -/#t ...--~ .. .... the rea;e of said connty, do he.eby ee,·tify 4'-'Y.. .. . ...... . ~ to the jail of ·aid that he may be tried before the circuit court of said county, for a felony by him committed, this, that he, on the . .. :?-l,dcday~➔ ~ .. ~• ·--~-,L,UZ,v.lLA ____ ~- ' . ., 190 t ., in the said county, ~ ····-~A/~~~~-"7" Given under my hand ancl seal, this day of in _/~ . , 190¥- k:-/-~---,~~ ..,J.P. . [L. S.] �f \ • �.. ' Instruction Th Court instructs ed with orim b yond areas at every stag evidence in this their until n ,.able the:r·vof , and if' case , the jury of the accused to pr ve duty h to give him ~ot guilty. the law pr,sumes his guilt doubt goes witn the accus d innocene tial that the jur to be innocent Commonwealth guilt No. , after th oharge have a reaso~ahle th made against prisoner heard all of' and applies of the doubt of th; , or as to any -rac of th the by case him in the warrant the bene it rson c11arg presumption ntir having upon the whole case :p is estahlish..,d , and this through v ry d ult onsen, it and find is �,. \ �I I I ' I I I I I I I . l I I . I I I I I I i . I I I I ' �I I I i I I" I I I\ A.. I .I •1 II I I I "J I j I I I I ' ' . 1 ���i- - ��S, C. 160 1-7-10 500 ... ' . Qlommnnwealtq of ]Iirginia, TO ALL TO WHOM THESE PRESENTS SHALL COME--GREETING: WHEREAS, a,t a one thoiisand Court held in and for the nine hundred of .ot..nt_ • ~,...+---------------------and---........... was convicted of-~..:..:...--'-J+-.-=-.="-'-'-',._._~,,_..c-_._,_,_..____ and was thereupon sentenced to be imprisoned in the~-n~:t~.n~n~t~·-o_"" .... !J~------- for the term of-- , and whereas it appears to the E.-recidive that he is a flt siibject for cleniency, THEREFORE, I, TV'.;J,J. HODGES have, by virtne of aiithority Jl,fANJV, Governor of the Comrnonwealth vested in 1ne, pardoned of 'Virginia., and do hereby pardon the said ----""'""""'-'-'-"'-""'-""-=~-=-=---=--=c:..:.=..c-ancl do order that he be forthwith from iniprisonment, discharged bu,,tupon the tel'ms and co~1,ditions following, namely: That the said-future as a good, law-abiding citi;;en,· clnd if ever again viola,,tion of the penal laws of the Conimonwealth he be found guilty of a this pardon sha,ll be null and void. Given under my hand and under the lesser seal of the Commonwealth. al Richmond, tliis- -------, one tho1:1sandnine hundred an --,and in the one hundred and thirty- -year the Commonweali')/j~ ·~~r//kf/// ¼ ~/2 -------- 'ht / - / /! , v1v Witness: ay of in the year of our Lord ~ Vo - ~ of �, ♦ r • ,. \ �... ' C T, : ' . ,. r l' .. c: +. G 'Tu.'l C Ic i - 'l. L €' v_.,,,,.i +o CO! cl .,_. ('' ' . ..; ' (' C ,0 ! l ,.~ • ' ~,.01_ t 1J ., (' ( ., . . rt· ; .,. ., p . 0 .1 ..,1:o "fl r ,j ' ( !'"O C': ... of c- .. '"'11t~ r 0 J. �Executed arresting Wm. J. the the ~ithin ~arrant within-named Points, this Maximillian a Justice of the Peace the 3rd Hirsch, of August, day and bringing of Rockingham County, 1909, him before Virginia. ~ 6~< S. . for S. R. C. . ", ~ ~ ' I ,,., g; ~,., I , I" ..,, O'> -t""' .... , .· ._.., _, r-_,,-- :"', • 'lI ~ ~ Carickhoff, Deputy ·-·1 CJ ~ J. by ~ • I \ 1, ~ r~.., ~ .-\ C..::, ,...-,, ,,, ~ r""I ..:. :.::> -, -... ~ _,,- I ' ,..... '_.., ~~ ;"'-, ~ '\ \ . !""'·'' '1\ f 'j,~r �' ' ♦ r . ,,..' FELONY_ • VIRGINIA: Rockingham County 1 to wit: I, D. 1-l. LEE MARTZ, ef Clerk the Circuit Court ~.~ ..k.,... £1..... ,{f?__ ..~.~ ............................ attended under Court ef said ef Rockin,Jzam County, certify that a summons as a witness before tlte Circuit L~ ................................ Comity,.~.~········· days at the .... Term t/1ereef, in lite ~..........., on behalf ef the Commonwealth, in her pros..H.:..~ ..~.................. .for felony; said witness also traveled year one t!tousand 1tine hundred and .... ecution againstlµ,.~.~ .... : ................................................ '!9t....v........................ /1is place of ab:Jde-from wludt _nziles in co1ning to place of trial, and the sante in returning to distance so traveled I have deducled ten miles each way. leaving miles as tlze distance traveled, for wlddt compe11safion is lo be made . ........................................................... -------= Ile also paid tolis amo1t1tLing to ... .....Dollar and........................................................ Cents, for w/11d1 alfendq,w:....,mileage and tolls he is entitled to ........................... ~.................... Dollar .................... ~•················· ..·········Cents, payable out.ef!he public treasury. ;{J_ .... f.S?...~ ............... , taken before me .... ff?. ...... On !he orrl!t of said ..tr."...f cerlify, au entry ef the sum $7:;;:,,,,~l,anda, and and 7flllic/1I hereby to wlticli he is entitled, and for what, has been made by me iu my effi.ce. Clerk ~ ~ ;:,; 11,;,J~k~:i af,ma;d, Form-62-Berlin. �. f, • ,, . j > • • . I r .. • �.. • • t Commonwealth of Virginia, COUNTY OF ROCKINGHAM, To=wit: IN THE CIRCUIT COURT OF SAi D COUNTY : The jurors of the Commonwealth of Virginia, and now attending the said Co"" at its.: .... in and for the borly of the County of Rockingham, Q(}~············"... tenn, in the yea. 190/ upon their oaths present that. ....................................................................................................... . ~~~-~~ ~ on the ......... ::L...<J. .'.......day of....~··················· ..... , in the yea, 100J., in the said County, airl .. :\n .. A. ..ll!1.o.n.. oni=~ ...Lou_t..... -::.sa.:1..r:-.s ..t hBn.. ...t h.e.r.e.. e _;_n.~., ...f'e.l.o. i: 1J".l.y , .. ··::lf 1.ll: a::rid of is m1.li ,e ,g,C•?oretho .~1t, !113 ,..e p.n assault; A.nd that the said Maxinillian Hirsch then and there fe1onio1mlv, 1 ii.fiiru11,f···ana···or···h1s···,iai:ic·e···e-th.:±'·o·relhouiht····11rt····s'trikei···a:rict····heat····the······ said Louis Isaacs with a heavy ··:>iec of' oak timber i and u:9011 the h'eact···o1~·· ntm·~·····tne····s·a1a····Lc5u1·s·····rr4aa····s····ana···d·~d····th·en····a:nd·--there····· ·eI6'·::::············ niouslv, '.'1 ilfully and of his malice ~orethoug t, c·.~,t qnd upon----th-o····· round···y ith··--gre-~t· sqid Louis Isaacs then and there krro ·k····tn-e···uaid ..Lo · is-·Tn":l"iCR d01vn·to-·and· ~orce and violence, 'livine to the b-y..•the•••Ba i l· he-at•i· tff ··•and--·str i lcine•··Of ···r_.i:;-1,-•· ·t·h8··Haid· Louis····I·s-_ ae·A················ in the mqnner and for:n aforeRaid, a .ortal stroke, wound and bruise i.n .. and.up.o.n. ...the ...head ....o.f...hin, ...th.e ....said.- ·-Louis ..-rsaacs.,., ...of ..mhi~•h ..said··· mortal stroke, "mund and bruise ne the said Louis Isqacs, in the County ...af oxe s.a1d 1 .... f.:r.o.-:n .... the. ...29th ...da.y ...o.f ...,lul, .....in ..·the . .year ...af.ox.es.aid ....t.o.......... . the '0th dar of July in t~e year afores~i~, in the Cmmty aforcsqid ~~J9....J.8.}1.K1.-:1.tf3-h ...~D4.... :i..a,,:r,,gg1~h:i.J1g .. i.<:tJ:i,y$; ...9.IJ...'.Yh.tGh.$E!,J4...3..0.t.h ...Q~Y .....9.f July in the year 1S09, the ''-/, i.,ouis Is:=tacs in the County afore....()ke and bruise died. Pnd RO the · said of th., said mortal wour ~,;-;;.·nti...-A.,..,.tf"r·;ftA•~;,· t·he····means··a:for a..t'oret o .1 Oh ·t . . if6:fi3f.fitT~··to 0 . --::-'- nd ro, ~ 4. td kiil ht. . •·· e..1. ...,.. , l'I against the peace a 1 d c 1 a·igrnty · ,. £ o the Commonwealth ········· .. uuaon saj .?.lI that··th'>saTd······ c.11e 1118.!Iller and. 'b .UllV and ·or·;,, .,.. mr-itce ~· .... .... ·······----··········· of Virginia. ~ ~ ..•......... ·_·............ ., ..... · · · · · · · · · · · · · · · · · · · · · · ·., · · ....... Clerk. ;::::;.;..--..:. �-Pr}f.;;S ;f v V I [D ~ r r. I I �r • ... . 0 f Ot,;l.i - t l 0 n o t. rr..i , ~ t th of he �. ' . �} • • f VI RO/NIA: cdty:;eJJio C(&c-fliloj"~y/ca-/4/ he,;{/ al !/4e ~t-~afJ/ ~ak/417? 111,, IIto Cf€i;~c/ i7fn, //o <tfJt/c~?n-unc-l c;n ..,: !:) ...,Y life 2:2....d -/.9tJ';). ~ 1; of ::a.-..cr.:.ilia i tio1 o .cl su:_)ors eJ.eas to , . J felo it 1y, whereby :·a.x1nilli , criIJt the O!:lrlOl V:O P \J ill 3e ea.s. was conri cl ., o .(' eni • . . , .&.I.I le e' ,... ·' u - for by )Y the in the ,_ \ rit of error ';ourt t} o Circuit; Vt ob er, he said of 19 C , L. ~etitionc1, .mi cl Court 3tate of ;:.c j ule;-ue.1t afore.,aiu . . o ... 0~11non that record ur · be.ii.~ dot1: ro ··ect ,j,.•., ch be confi:ne 1.ir o: tho 1 ::irnch 11 . er. t ren lere 9th tio .. 1y .l a. for that t "iu e .. i ..c ...t_;_ary for seen ant • ai t. e i1.:::;::::,octed, .(' eti tio· r,d refnne sLdo. ;r:'..t of error cl m per- �• • f • . .. .. ' . . . ' . fl ' ,4 ~~ 1\ ~ ~ i t ~ ~. ! '\· I - �·, ... If you find the prisoner not guilty If you find the prisoner guilty as charged degree.but guilty and ascertain degree,or will than the prisoner second of murder degree which shall five years ment in the Penitentiary degree in the first you will be confinement say so in the nor more than eighteen years. not guil t.r of murder in the first but guilty say so and ascertain degree. say so and no more. of murder in the second not less ou find will not guilt1r his punishment Penitentiary If the prisoner say so and no more. of Murder in the first in the indictment,you If 1rou find you will of voluntary his punishment not less manslaughter which shall than one nor you be confine- more than five years. If you find second degree involuntary ishment the prisoner not guilty nor guilty of voluntary manslaughter which shall in jail,either you will be fine of murder in the manslaughter.but say so and ascertain of not less than first or guilty his of' pun- 5. 00 or confinement or both. 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/. Date A point or period of time associated with an event in the lifecycle of the resource 1909 Title A name given to the resource Commonwealth v. Maximilian Hirsh Description An account of the resource Defendant charged with felony murder. Subject The topic of the resource Felony Murder Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_005_145 Hirsh Isaacs https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_008_247-commonwealth-v-mcdonaldson.pdf ede506e81fb5c1424134223872366c25 PDF Text Text • • • • 1 t{;.. Ji,..,"'f '~ I; '{/:~, ~ - • I, .,,/. fl(,.~ /..<v ., ... I .,.., ,,,J, "' .., •.:r,) c., ..~ 1... ', ; --f A ~•· ~, ,_.,,. - ....c:.. • .,..... • c.e - • .,'e.,, I .. t'l. ... I --· -· I /'..,. ":) ' II. I I. • . ~ ~ ,. �' -- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1923 Title A name given to the resource Commonwealth v. McDonaldson Description An account of the resource Charges unknown Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_008_247 McDonaldson https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_008_250-commonwealth-v-michael-scott.pdf ddf34dbde5109c756ae98426c97d7867 PDF Text Text ' • ~ J'lrn! r-, 113:I. To t.bl llal, C-\7, l.t.21 Aur, , 1"'4p , Jlaa9, et tlWI Cl.ro111\ Court et 'Roc)rl,.,.... Yir&!,nja: :IIO •al.•or ear, .. ee1Yed fl'a G0,00 ... Allot1Mlffr, o.oo "·•"""WOIJ.Q'e MYU'\Uinc Otnoe.ra cen-. till, pnalla f' •t•~•• a 1/2 -•·• ...,riff'• • • .....,1.,1011a, 11.00 •• ff ,.oo ,.oo 2.0I> 2.00 8,00 8.00 2&,00 2!1,00 '1,DO ,.oo O,QA ;:,on 10.00 Al\a,107, cien, lllm'1ff' • eba'• •t,ptl. • 18,l'f • 19,QA t OOtOA �~ ~ ~ <,;. I t-.. ~ ~ N C..) 'c.... er( ~ ~ t~ r~ ,.__ ~·* ~ \ ~ t � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1923 Title A name given to the resource Commonwealth v. Michael Scott Description An account of the resource Report of sale of vehicle. Subject The topic of the resource Report of Sale Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_008_250 Haas Scott https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_008_244-commonwealth-v-milton-grim.pdf 5d040714064e612c4f33e0cc3db6dfbb PDF Text Text .. ��.. • ... C C<llOO'IWE~ Tl! , ur ..no 011111 tr you r1n4 the -.:c'-utc::<1..t:1lto:~ ur112. not gu11t..:;, yo·a •111 eay eo ~nd no aoTC• ot aal1e1011•l:1 If :,ou I Ind him £Ul4Ly in ten I to aaJ,a, ,llatlt:t••••• ~"• with aaid B~r:ic.r,j 1.,&u::. Ila chto.rce1 in th, '"'"' tu hi• U..:C ,r,\!h ahoollni; b.llll •1th U:~ 1ntmt tcr a p,cr1o•J not t1ve hundreJ ~. \ht'n in Jbtl not • Bl auy ao to: a penl \1n1.1A:. then ot IOllclouel)' z•11.ty out yo·, •Ill \h11.n f1.,o ycuc, nhooti•IG of wi.;.nl".ally ■II)' 80 ur.d t1x ro: a pt.riod in tt-..c; pt:n1tent1ary yea will • period not Gr, by ::.onrJnc.cnt Clw.l b1Ja ;.ullty er c! 11e.eaJlt. an..1 ba.t. ter1 o•Y eo u,nd rlx. hia not ~xc~Htn:1 trX:e-e41.a,c :°i'fc hu!'l<lreJ cent . Jou tt, hie or not 1n Jt..1!. QCt"•-41"6 not dollur ■• b al ~ailty for hie, excee.i ...1.£: ,w<'l'fc moot.ha AJ'ld (1ne 1r yo11 ~o aro:~a::a.1~. culll)' n£orc1tCiiCl. 8'->CI, In lent, ont1 nor core than bi■ nn~ p1m11hllen, by contlnt:aieut lcee in th~ kill Brrmrd one to ten ye-.-..r • If yo•• clo not Berati.rd or lnd1utacnt. by eontineunt .11uniab:acnl or fro• perio~ dlel&ble ■ hoot1"6 ◄1ollarv. C1 lhcr •c;ntl:.t, or both th~ !,lonle• u_pou a11!d Ccrmr.J p.unfs~ent tJJclve of by conrin•'llt:\t o:r "' ISUCh tine • ftnr anu: 1 ~rloan .. �• • I �• •• • VIRGINIA--County of Rockingham. To-wit: 1/vNlE_.5 ( ' _,__ . �• ' �' CmtMO!'o:\\HAl,'n{rOfl VOU."';)St.'\, J~\)1,,li,JNOH ,\ \l ('()l,' .,_) \ I LIHll • Th~·"" • . 111~rdoirP,ua Ilk• n.ame of lb~ Commne"\\rJhb t,f ,,...~ hen,I ,1n~Ihrin!? hcfon- ml'. <II ,omc o • ,nl.n'1llilUd. ~ou (orth,-..i1h le) appn ..'-- Justi«--.,,f,1,._ ..!.:,iJ.O.>um:>.1h""lt<11hof 1he <!JM / ./4.-dl"<A/\.-;;;z..-ivz.,,,,i.-v,..-t/\ 10 :mswm· tlic said c<,mr).;:lintt1thl 10 be funhc·r lld\H wi1h aC<'otdio,::10 fo\,. 1\nd you :m· n 111111 l'd 10 s-mn• ,.. mon , - �• •• �• • Con1mon,vealth of Virginia. Rockinghnn1 County, lT 0 I ··t· ·" 1 · II .;, , ... _ f)r br ""·'"'"-r~~-,#A ~--~,, ~iu th,· .,rnu , f t'f1u1mn~ ,i1•ldcl.lt;,J from Lhl· 111,mli=i u( Iii - ~t.tt.•, iu .<h1 ((tr:;._, 4 Th,, th.- 1nw ~ l'()J)dlUW1 ,-:1.1~~: T.d,, n nmf 11du10\\)t•1l1t,·~l lu_•to11." 11w,th,• 1l1wo n,I n nr fir t 1,hov,,w,itt..-u. @.0[JJ~ v:.f- . r;. �• • - �• - • • - -·-- .-.. • - D ) ' ~ df - - ~ ~• - • -tt t--tl ~ %' ~/ .,,>--I 1. • .) ~ ~~ ~-+2-; l u; ....,,...,.. ✓-- • , • �•, , • • ) \ .. �• •• t,<..- Virginia, Rockingham Cou11ly. to-wjt: - 7 , ,,. /f' z..uPM•""X-~ 1~<-.<.?~~~· ' .. Commo,nvealth vs. =:_-=._-_?L_J7lt.Lt"ulA.,.,, ~ 1 STA1E~E~T • OF COSTS ( I • . { $a ..nJl W Utnll I 'rrl.J •.. l U11:: •, J.f 00 ", • , .. . .... -.-·.... " / • t) -- 0 1.scT J.~o .J.'>-0 . ...... " .... .. .• ... • ........... I 'Y, $'-Q,__ .I .lb., o-o I f.Ql·flafFIZI< .. i o,;:; y?Yi' ~ th! 'Rtit'< Cui.mlru1PI 1'rW ....•. Wirn,,,_ ~-N110,~" Ony• _/ - ,, ~ ., Mil1.:,, ~ -1~ -v Toll.., $ s s $ s ....__ �• . ,\ ' ' • • \ • • ' �•• • • . Commonwealth of Virginia, lT •t· llockingham County, f O-\Vl · Hr IT I<,\IF.\rn1:1 '1-~1::{~:1,~,,,_ .u thnl ull tl1,• ,"_____ -<4....i,c., .._ ./1 ~ I ,.(lt ,lay ..r ·~-,... (f, ,,t .... , 7.,,__r_. -•...~ ·--- - W:.! '.)• ' ,-.,u,,..,a..,il••W'hf•d tr11111 l)J(', h1,111J .. of 11Jis~1111,·.l() Lh,, u_,.,,of 1111•('cimtrK•li\\1alth ~-d,/,i;; __ -!;-:.. or \'ir~iniu rt r ~d J '- ,t ~j U ·r,• 1w .,, ,'14 (/0~ r tJ f uuou ,..Jt &~ uf \ trJ: 11.i:a ('ol •P ID!.' lrnll 11111 �' �LAW OfflCU or D. WAMl'LER EARM;\N .. C. VA H.\lt~&lJ J..t.....,. _at. t:-. L. :I. !Luce. 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J,J,- IP,~"" ,,t ,,. t' llfl,Be. ,,.,, 01,, •rr·e111fh , (7,rk I �~ ~1..,~~ ~"i' <'- --~ t ~ t::: . l .~ ��• • • �• In th(! Name of rhe Commonwe1tlth of Virginia: To 1b(• i-.ti.,t'llf uf R<M:ti.1u;.'111lm Q)11t1ry. Ctte!1ln,i1 • • ..~.~ I 1/.:,.. A. ~~~~ ~ -~ , /n,I 011 1t1,if l/1rn tJ,1,i " {' IJ,; rf ., /,. "_ .,,,,( ,.,,. .,;/. / I ,_,, t -,,,, f-llf. A.-c.-- ~hrt/l nr,f 11,u •I u ffl ~-e.~. ...>b""_____...., I t 1--•? ~ IJrf,,,d,,,,1 111/ 1 f' I l11•,,, ,in/tr/ of J.!l 00. . I 1t1/ /Htt'f J!1rn JI•,,;,, 1ru1u•~.t .,. F' J.. pf, ,,~ I,'/, ll'l(flf'/1,\· f J(•r/,,hf""" '''"' ,.,,,,rr, "' '"~ ('011rt 11111111,r,ti"' I.,,, II ,,f' I &- j �• �• In tl1e Name of the Commonwc:dth of Virghli£l: To 1h11?\h..-.rlH of lfocking,bam I ,.,.,_..,,,. 1,,,/,w,i, I,.# J,.Jff, II O,,rra/. trf /fl •11• tu tr I11'•1 urid ; >r, ,, I tlir lru ~-G~ l.lou,t, ,l1t1l rid• 1111r thfr,- W,t,., /Id tr, .!. .:J"*"1(m1 ,,f "f"l,.,,1..-, i, n. I,, ~/ ~,,1,rtrd ~....:; ,>f lM Jl•lt1t "" M., {'ltt .,,. it 1•.,,.,t Jl,r ~ ~ # 1,"' lr/11,I I "/ f I: ,,-h,.lltmn ,11111 r_,~ly Gre.:ting: nl JJ.,- t~,rt '>/ ,-t p/ ti,,.('1111,n1111,,, ,wl/11 County. IN 1 ..9 "t1,1i1hl ....._. ___,......._, 111wllh-'lirll'll ,,.,. II ,., , ..,, ,, ,,.ht,l~,,w,..,.~ 1tltttll 1'fllln11,it t1111/n 11,,,11,.,utft,, nf £ IOU . .._,tu,f 1,m·, tlon. Writ F lrL.lCJt/Jl'U, ~ r,/_ \•, {'ltrJ. ll/~4 ,,f om 1'+11,Il'rm,·t, tti Mc ,·o,ui 11111/ '" ..f t/1,- II\' "11, y(·,,,,,,j'th, r, ,'A? • ,, •~ 1/fllotr, f/11' ('11111111,mu·,•lll, . Cfrr4 �... .•.. • �• • • In tbu ClrctU.t Cow-t oi o~,l~ Count:,: '.a •1u -rand of dOO Lrtghu.:in 6.Hd t.:..e r tl1e UOff a.ttond1ng 1J£.;, Lam did. '"""e an asealllt, veace f:u.d ugn.t..,1 ~o aaic-, of J h.-. 8 3or1,a:.rd .l.4l!J ~ 136...d C(')u,rt, :ie \.Ls d., ...r.:,scnt ~ duy o:i: .Jul./, -i.nen w.d tnoro Ju_rors i1 at:.d for in ,11,<1 di8J lg~r&, J US ~h ~L !!U1.on ..,ri; t)rn eald .d • O \. .Ostt 18 c,f said Cct.>bor on t;o11ntJ tor~. r aoo;;.-t ln ~lld. upon oHe .oernn.rd ll•riusrd di l!Uble b.lld <ill, the l.!OQ4..0t1.wea1tn .1. bod; bt ea.14 Oowlty, hlm, thu .JJ.1>, :Celouicu.,1/ sp inat the 1 vi..rg11.ta. f ou.nd 01.l t no tee"t 1Ll01l,V of 1:·ec.u l.ruti&..60, ,,,_._t,r.eo.nee sw:rn b.e:t'- c ·r.e gre.: ..O. "'c..rJ to e;J.vt,; ov.i..deva.e-. Ju c.c:.u-t ucd cer..:. �• •• "' ' • I . '.. ' I •'• . I ( • ' ~ • .,. ' i ' "' I I' I •• ... t ,:, : • '' I" C, I .•: ':' I . I • •0 ~ r. ., ~ "~ ,. ,. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1923 Title A name given to the resource Commonwealth v. Milton Grim Description An account of the resource Defendant charged with felony attempted murder. Subject The topic of the resource Felony Attempted Murder Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_008_244 Grimm Lam Mazingo https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_006_183-commonwealth-v-minnie-f-knupp.pdf da7f588d105d918eb679afc9a3515b98 PDF Text Text 'I' Vlffl,Illll, To 1 • ..i •oo ndyouL r LO bo ,-1rr r oc 1 .... unt.y • -- v t.l.D . Jlh.,,,,:._ff' ~• Lyuu , y u~ cou:-.ty, It t. , , u fl e ju4,, t y beroro er. r t' rtJ,,rt • tie c1,-oult or t.11• ••id u, an•••r-- u atando l • 1tneee or Counly •L a c..rtal !nd1otod. e rr1t. D. f • Loe tho 7ear r-f' t e �~ J Ii,. t_L ~ t-- . t~ ~ ~ ·t.~ ~ i �(>t' C:cwty th~ J•r..ue.ry r.:f Roel 1J1r)1r1111, l!r,d 1,ow 11.tt""ndin~ Tfl'rf!l, in lhe yon.r 101:, upon 1t:i thtt Co\Jrt. ot Chanc,ry ..n ..1~ ,rherel1 lcha 1,1 L. olt-i,r Knupp frrn: .or r1n1e:. divo:-cc tiN~elly for !fotr-r-j. :ub,~o l .t t.J ... "'t 11,;....:... '4'\-1'!! ,. ,-.a ~~ 11•.y • 1 P.111 i::. to.T't~, ,..l.,..!.no: l,nupp, G01.1 ta1r1t th~ =.tfld ~.;.t ,,.d H atate111eb·e t"iled and for f. m, that. the fll'!long gre.nt1or, 141..nr.it'- '"'. r..nupp t.l1et1 a.rd ~m• th.-r.-. fl :,r.d. Mirr.le •~•'!f .. tlt"'l'c:·e wl:o •~• ther, and un- c_,\.e,ty, t'1rr'!n1~. 1..1ti.n1o l'. ot -r;hat. 1 on ... lr. eubs ...iJr..te t..h&t •a.id JI,,,, •lu.t.hf'!lr J<.}---J:i,) · +t• 1t.tt al t.hllllt"I Y,tta pe-ntlini 1"'111 cr:r r1tt1't •rt .3u1ci Bill b~JC\rc.- ·=-d. t.c ~ur,p ca.id llt!,.;Oo f'IRid CoUJ1t.y, tnrl. .. , el .~ t,ir,:,.. ~, ~· arr-eared Publle W 1.10 ~itei 1nJf'\, ilock.1nf.,hae ,.•h1cl, l't'lit ~;,ti:,igr tt1 1ri Po ~a'WP.ll r. 1ot.-.,..l c111-f"rdJ__l_ ..1t. Jr w·e )(n',.,J:t 1 <•11.Lh•p·11'ae1,t t.teir !{""~!' r.n1d Ccmrt t!1t' dul~· ther-e a Notary ewor:n by (11.1.d l"'N t."!r· ..1'd in a cert11i11 to hl"I!" b .. 'flfllil.1d Nc:tJJrv F1.l'l'llc •'"'=--~ -.... .:'r'!'• - ~ "'-tl,ori 1 \J,\I l,-1r .. ,n 11.,_atnid•""r au.ct t111.~h. ►:.Mi tt.a~ ae.1«' t.b- a!.ate:c.t'r1.!! nnid ,:cri, wri tlng, ard ~Lo trut.h; tnot.rut.l& Lha:. arnc:nc"n&1rt nt1t1.rr:er..tn er :,,hloh ,1erl! uw, l'U to ecmt,alrted by her tl:a t. t.r11.Jch1u•13('1c.cont.at nt-d. in "" n.l'are- the iJ111 tn �• • �davlt.. 1:•~r,e1 ted suit., l.lJ;l \flUI r w1 t.l wr .,. r l~v ■e U,e oat? ccr tnl: ;.a.al f. .., Chnnc 1ry, day ff\rr., 111 oor1>1oct1on Cou:•!. 01 hen• bol elt, ullld c~noerr.ir.g or- C4'Ctualt\r, "'OrTurtly arol"en~id tb- ar,d r1.f:l t <,l rta1d Yinr.ie l•P.!"01•,r 1n10, tl"'f'i'P1"u,'! :-nC, 11... 111 roury in Rl"id Ooimty, "'"lFlrly Fut.lie unlar- tn ffl."lking r'101'• • tt-,,. char-£:""" t.t.~t • it tS. +o ad•cci u~p re.at t.J i,11D • co1:u1de:-·od, a.110 • t\t'I~ l:111• 1"' r. :'a.ct 11 oond J4LU. ,..r - ...f t-,r1. J rtr S ftt 1.t.e"' f!'OU t. ...,f- .... - rt tl'rully, rullj, SLid ua m· r-tl1ct 17th rHurri ale J.'ttot., so ht .:i ' to. c..;...:. 01 • .,;.,J.si:;.u,-,. oa lc1 Chancnry LO .a.rd CM BltJ i:.:-ri s.trt.. 1 not t.rue 111.:u tltal dt..ct. a.nd L!til,,.)' • ahto.luttilr said :.·aiae, rJargea , ~t1iu l.i.O\lt'L l:,- ua1d • in c<u talnoa ""'ich!iel of Ml1inl~ l•. f.nupp ot. P.~d adultry .for ,ert i.11 tr as.ti B. Lutpp talue, th el! d in uill ' 1: mt t.~ mia- wherot.y rh"' l'-e,ld ~ unl11~t'ull7 e..-... ..ar f•!eel1 peac 11 igrt·y 1:.d or ,....~f'O, and c()mCt• •1lt'l;.l CO":l"l:f"''r':"-'P,.1tlUrt ~rJ-L.!""1 a9••1ct..t Lt.~ vt~r"1 i•. i]i,,btd'/._ ~~ /t,jfA¾./4J.~ W~llc~•:v _(l L~Jl,..s... l,.." ,., • (v\...~ (4.> __ _ IJ 1 l,e ~vtdercs or - - ------- - • Cl,,rk.. �• , � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1911 Title A name given to the resource Commonwealth v. Minnie F. Knupp Description An account of the resource Defendant charged with felony adultery. Subject The topic of the resource Felony Adultery Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_006_183 Knupp https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_006_163-commonwealth-v-minor-hilbert.pdf d9f21a8257b35b308e80cda08ba9b2c5 PDF Text Text C<l\1\1() ... \\I .\l,'l')I , Rf)(!KlX(;!IAM \'l>:l,i'IU,, ) r C,1n•'1'Y, T•l•WlT: 7;, /.,1;.... : C'Qtt![tl.tiut 11ml inf.irm,Hitin (111o:i.th di ;'( 1 of tbc said oouoty, bas Lhis dnr made bdm~ mt-, I) J' (1( th,., said Cotully, da) ot . l t'li/C ut l ,._ V -;ti • ill the $:Lid,•unuty, 1lid ' ,._ ", I t Juslk:c o( the s.iid C.:Ollllt}',thal (t-, 011 lbC ,,, "' Gmria6k "j 111.irf Co,au,: atl'I h:,ng Ltforc me, or ••)m~ otb1:.r J ust.iee t,( Ute s:itd C()unt), the- llOl!r nf the s:\id ,. 1 , .11\i,\,cr the said romplauu. ,,I t<I I L l aod to IJe farther de.1.lt \\ith according ✓ \_""_ , ,,, '-'v to law. Ami ) nn 11ri:f\'1Juirc-d to summon ' Ap~'.tr :m,l gi\c c\'i<l<!nce ht l.tt:h.df of the Com.n1on ·.vot .. hb, nn I Ii,:, cx::11.nin111on tou<-hiog the Slid offcocc. l< J ['. LSE..\.L.) �') s-! �I h••r•bl' C"rtify b,,., f,htt~ I 1.lo<1rt 1<bo 1s ur.dP.r iniictmp .,. ''l!' ~ ~"7-',J r thi<> <laY,, '!'11L'Pd ,!ir.o!' ,, .. ',ilo'<Y >t:'l<l t!'il. hos,, i '3 "" t -:'or r.P.a_ ...i r..~ on :l,a<l,1:9-;l"Lti.r ,. .. " • n"y ,;£ llrfoLnr, ' 1 _a!",..,,,,, · : 'l ~ lin ...11... ,,f Or.~ Thr')' Jf'"••· ,..l., "'I') l. t h. '7il_ir<n Jt1ll;,irt . 'R:., - jus 1• 1fi-,,i u''V:l ot'1~ lf. 0 on :tr('•Jt' a,; P.tqmpt ~ . to h l c<: tffic1a.1ey, !l 1 io".c 1u,.1vP.d. !t ., ::0'1ri.1t10ni:-rt <J:UJ"q"y:. i~lll, ' holi?.~~~3.11 to app~ar Of'!or-f't i,J•.1rt. fo!' Horki~:,,!lam ::o,1n:.~, in Harri~o..,i--1µrr,, ··nn,..,,i.,y~'·" 12~h na;rof A.J.I. ,.,ii! 'lot ,inpart ,ritl:0•1t Oct.,bq:,-,1"10 l"av" ,:,rj( .,,,i,\ 'a-1v.=,nur.•.lr°T , ... .",_!\ n.. · · ITi'/ h,b..'-:(.l ·1911 - r. .,'Jr.Inl!JlllOne!" "~ •n- o'clo<? ro11!'t,. ~ ~1 • lf! "'· ',._1:-1- 1 Ve. �-!- - ~ 'f 'l .• ~ I ~ ~ -~ \ ►, ' ' " �nnd 111 in~ l1,_i11rc m,:, c,: :,.,,nu.,othl!r Ju~tu ..~ nf t.hc -.:1.tdCounty. Lbc body o{ 1hc.-t,:url 7 to 1u1.. ..v;er th~· -...1i1lc .. mphiut (}./c1)) ;,,,.,, I fl I ,., ?l :\nd y9u arc: tef'.)ain-J to &ummou -:in,l tu he Li.nbcr dealt ,with ;eecm lin6 r,, l.sw. J,: Y·'- •l•/'.l"c.. •• ,,,../4,.-arrI, , ' J,y o/ C 1, x:: /- I;. (:_)..,~ -(ly.f i - t,M 'i,lt,/1.\ I ' , in the year 19C/..L �• i• ' ' ,, < " I II U!T ( ' ~c., r ~ ' I ~t ,11rs ,Jmj( .. ,...i.✓ J/1,- ,11:1,, ·,11r,,..: ,'lrt,I J,!r;-tri,,,. fl.·, /.,•,, l&..:.Ui '/ t -, ,,,p,, .(J,t. ,/,'J,{. ,>I L ,, .:«dir<! 11i No,k.--,,,rl,,1m r.w11!1 ... t,,. ��w • • ���•• • ��• • . ' • • It.. ('....~~ .J~~ {j...,,,_,_~/, ~ c.-.r:_J f " /,{,,J ~ ~ , ~ / ",,._J 4-..µ__ 1 ~ ~I • t..r~ /v-.,.,. /.. ,,__, ~A--., ✓ ~..__, ff...- ,/ ~-•-f i ? ,-.._( .,L..-c- I[,_-.-:_ ~ ,_,,_.,,. /.,· ~ . ..-.,, ; .. L~---.t<__, ) ;f c-_:. 2.,.. ..,..,,.__,. ,,,,....L...._) /#4.•• 4,-.,.., ,/' /•• ? •.,._-l ~ ~ ~ '7",_C-...,i., i ), .,.,. . .!=......c.;_,,(~ /._". ' ),..,-,.... .J, ·•,</.-<---(_...__,,;_◄ =~-. ' /- ~ ...... ·-'"'-r>-< J ,.~.:;, /4:, ~_:.__~..__ A... (',,,~..-,(, ,~L.., ~-x J-,...:___._,. 4- 1/~ t·l ~y. j,, , ~ (.,., ,,.,V(,,;; / ;;..,~ L~,;f. &-~:_ ~- j lJ,/ I 9 // · -7 ~A"-~.../ C"~..., • ,,. A. ~. ~ ~ / ,_;_~/--...,,_ J ...~..~ r /..,_r ...___,L /4:., c'.,.~~ ,,1,,:,.) l'-t 0.......;1.c.--....:i:j-l"i'--r~-~ l --o" ~ //.., y, ....:..~ /4., )' /--< . 4 4~,,,,-7 . ~#--_ ~-'<. ~ C <---~• ~ J A::;, , ,,. .Z ,,_..J_," ~ r.\ ~ /... 4. A<--.,,,.,.,__,,_ /'• .,..,,...._ • �• . • I • • - - • � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1910 Title A name given to the resource Commonwealth v. Minor Hilbert Description An account of the resource Defendant charged with felony assault. Subject The topic of the resource Felony Assault Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_006_163 Hilbert Miller https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_004_052-commonwealth-v-moffet-butler.pdf b307cb1b05890b28c2d8d4ddf323d851 PDF Text Text f. k {,< tff"7--<- & ~ ~~ ��IN THENAMEOFTHECOMMONWEALTH OFVIRGINIA, TO T=E SE:ElE:IFF OF EOCXING-E:A:N.I: ~..~ ......i.~~~··· You are !tereby commanded to sumnzon ... to appear before t!te Jwt;e of t!te Circuit Tfurt ef Rocking/tam '1,c.'G..& ..day ef ../!;:,,~·· o'clocle,a. nz., on t!te .. 'I[,.!!!:_ Com"';onw~j~in,1/J:(pf ,ay in b,half Tu~ .~ -GREETING-: ....................... . County, at tlze Court-House, at Io ...19o(o., ~ /j~ to testify and t!te trut!t to ~ ............. --............................................... . i:-:.~ wlw stands c!targed wit!t and indicted for ............ .... .......................................... . &, ..... s!tall not o:nit under t!te pena.lty ef £Ioo. An~ tltis ... vVztness, D. H. LEE MAR lZ, Clerk day of····~··· COl:J"NTY 190 ef our said .6.and in "" And !tave t!ten and t!tereJ/;; Writ. Court, at tlte Court-House, tlte.......f.~ . ............. . rA.W, y,ar of " Cmmn,nw,al/J,. ···· ·· ,.__.__....<fh...~ ......... , Clerk. F~rm 68-Berlin. �{p~z~ ,(p~i'~ . . �- -I - t;,~ . C-K..~~ I G -0~17 [) ~~ . i .:it, ,. ii d,.._ r- p~t:;;:t: t. ---- . ✓1.-1 \ lif_ it. ,i.-tL ~;,vi.t-..J- �' r' \ ��.. ~ . '.. ., ·•.. ·.. • . .-. ,. ,.. . . ·"t " . .-... . '~ ' • <..- .:.·• ... .... . �A. 0. SIZER. SHERIFF R. OF L. ALLEGHANY 0°HOLLORAN. DEPUTY. COUNTY. ��JrieJO 1uor.. veal e cormnano you ste"',;, ii' no that S' er 1,Y ~,.nn heve he the that of' Virginia you ·take i~offett be founn you 11ave his •rithin YOU!." tnen ,-,Nd there 130 001.1--rtat " ei:i.r of Butler 'Jountf, alias an the him Court oody of' a ce..,..tain f'eibony of' ou:r Raid in tf.., ·hereof 1 he stanrts rri t, ' 1 i tness this Jo r:-t house, 1 t'he 00Hm1.onv'e1th the l,tl~ J'offett s f'ely kf'ep of' nocking:ham inn icted. D. H. Lee Hartz, 15tri day of' January Cler}~ 190G. �··- ,- ~ i ~ ' '. 'I- ~~~ ·7 ...,.-L ~· 0 ~) f j r f' it k ~ :::,,,,..._. ~~ I �Hurst's Standard Forms, Annotated. l No ( I nd.ICt n1ent , · 35. [Code, §~3989, 3999, .1000, 4orr, 40.15; Hurst's Guide & Manual, J Hurst & Company, l Pulaski City, Va. pp. 537 (.;), 540-5. 546, 617-rB.] TO-l/7J1: Tliejurors of tlze Commonzcealtltof F'irginia,in and for tlze bod11of tlze County of .. ~ .,.. • Jr~ , anrlnou-attending the said Courtat its ..term, tlzeyear 1JO.d- ill 01ztlle ....?.1......dau of ... June . ., llPOll t!zeir oatlzspreseat tlzat .., i1ztlzesaid County) bein~ t:.er. ,'uly ::norn by· • Hale a justice of' t::1e peace for said. ..co~mty ..to .teGtify and t11e ..truth-to speak on· the·· ex·ar:inins··-tr-ial···· then anri there had before saici h. C. Hale, .justice o.f the 1,eaC'e .......... as ...:-..ror-esaid 1 . of ..and.· OR··F.l· _w-arra-nt···-Of' ·a-rres t· a;:ains·t· ·S~i d Mo·ffe·t-t· Butler a line r1..offe t t 11i ls tend ·1he::-ein s:nrl 1 o:f .fet t Butler alias ............. !o.;f.e.tt ... ,il-stea.-:1.was ohar :J"01.···"'li·-th·~·felony, to "Tit,· with stealing fror- or.e Jacoi.J Hoover on the 3rd da of June 1905 i t'1e 0ounty .....aforesf-1.id certain money, n::unely . hree. bar.J'" notes :f0r tt e .payment· o:f and of the lllalue o.r !J~O.JO ear>h, t~,0 b~nk n0tes f0r the payr:ent ... an<i.....0.f ....the ....v.alue ...-0£'.JplO .oo. each ..:ir.d ..01~e bank·• no•te ,Cor .the ...pa.vr-~en-t. ani of Pe v:ilue o:' _;.?.?O 1 the said H. ? . l_Iale, just~c~ as a.fo1:e·••·····ca..i.d .....ther,.arJ.d ..ther.e.hav1n6 -co:;;:ip.e.te .t a1.tt110:-·1 ty .t0 .. adrr.1n1.steT-•··S-!:l1d o!l th 1 did then and there u.:_::-or. his oath aforesaid., and t0uching a ... r:a.tter then.aJJ.ci there r.:1aterial.to.be enq~1ired .. into: fe1oni.m ...c1y, .. :-ii~ fully a:r.(i corruptly s·;rnar fals1:;ly and tel'> tify, among other ....thin;:;.c,. t}:-.:1.t ..:i ... ten -d,)llTr bill •.1hich }H~•had in hiS·})OS&ess.icon on. the ni,;h t o.f the ~rd day of June 1905 had beer: recei ve1. by hi1:: .. :fror.i ..ore ...f'0ra .. Laven rwhereas in.truth 11rA .. fa0t the 3aid .tnr •...dollar bill ";as r.ot received by hi:-:: rrorr. S1:l.i1 Corr:i r :ivender ! ·:rhereby the .s:::..id Moffett .. B tler alias ,iof~ett i:steaci did then and. there. in t,e r.anner 4nd for~ afores'lid., elonio sly, •1il · ·l y and 0orru.;Hly ..s:.1ear ..fnlcely ar.d thereby. fe oniously. coi-:-1-:it. ,,..,il1£u1 ...nn.d ...('~or=.iip.t.. perjnry T • . ., in t!te year I.9.Q5. 0 against tl1epeaceand dignity of tlze Cu17Z1770llWealtlt of rir,qi1zia. Upont!zeevidenceof ...~-~: .... 11:..~- .oD. .. ~0.-~N.C %.~ . .... ~ ... ..................... . .witness. .. sworn in ope1t Court a11d se1ztto tlze Grand Jury to give evideace. ......... ····•·············----' Clerk. �I .n_ 0 = '.r. ' ,;..., l0 ~ ,--A--- -~ '.Z 0 c'i --l ~ . i ?::J -~ t!"' ?. ~ . r\"l ~ :; _.. I I I ► :_ I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1905 Title A name given to the resource Commonwealth v. Moffett Butler alias Moffett Milstead Description An account of the resource Defendant charged with felony perjury. Subject The topic of the resource Felony Perjury Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_004_051 Butler https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_004_051-commonwealth-v-moffet-butler.pdf bcf55047810e62254c173da78a49611e PDF Text Text � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1905 Title A name given to the resource Commonwealth v. Moffett Butler alias Moffett Milstead Description An account of the resource Defendant charged with felony theft. Subject The topic of the resource Felony Theft Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_004_052 Butler Hoover https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_007_229-commonwealth-v-mohler-kite.pdf f4e5c540f1a9c7fa6fc50d4f5baecc09 PDF Text Text J.tOJlIJ,Jl. DTE ADS COllllO!lllbLTB in41et.-ant llolony for a ��• 1111n...,.,, l. ca::i1u1.00,::r ~\lT,.1,J, toP or 'l'lr;ilnta, 1n ui., t.l llabll.1\1' ir.a, \bU M U lo U. u1ollla \ onltl lB cl:U: , Ule l)ll ~· \'Mlr' tto LM IHI! or ui. 1ArAo WIil t li!!IIM:trl, •bl~.,\1 O::SC:.Jllt.l Ill ,.i-l>• ,.,.14 or : ,~ •t tr, eooti• Cl• cha\"'111, rnpaot.lv~ '-°"'11\114 lo ,......,.l.'1'"11 Mlc:o1!1~ to t10C'1&1"P 11:l)' IP'!!t'Oar,inl\CIO, wl\h 1h.t te. llaTina l'lret. 31'0\lfled, :rol U?OI) Uth llal:,r ea .. , •• to • co:liUt.\llll, tlla~ /,t. ' J.' . , a::. 1~1, I Ill · Ptt -- -,r , _ r'11t1ol~. _..._"'-'._..._ .... ___ liillJI a; 0:17 b<,J;o~, A _ ..... - --- 1+,r.:;;--~ ~OM "1 l'Ull ton, 11!14v1..--., Tabin • :it• ..,. t.bl CCllr:_..,llftttl \b :t -10 \m It- .,./ #.;-,-.,_,, ~(,\,<!'.~/ I -· lt -: tm1' ac!::rlc1111C"c;ed 11rit11r,, 11t<1t :it1 .:1.:.!.. 4q or __ st _ ..._•_'-_...;._ h-c....,,._.,...,,. -- ------·· c:~rt.1r1~., \0 tho Cl.n Co11nty, Yl"'1D1 • <,f Ule C!Null, nrt Of • ��• • •• IDSTltUC?IOl.; UO. 'l!ht Court • l11~truote caeee, the pr1soner'w pl-ea of not g. llt;y and 6"ilt reasonable w.tole caee, the teetil!!ony 1D evilience . tt.er• ee to the guilt 1n 1.hla oaBe,•• doubt. ,re burden If thore.fore,upon e-x~ste ln '!.he c:..!-nt o! -it., ,"they uhould flnd of or proving a cor.e14oretion at the witr.oesee and the cire or the uco~••d 11' till r&ie:ee • proeumption uts uTon tbe tol!l!:cnw•al;h 1D n1e !a•or beyond ~he .)ury th1,t :,ctanoee .,hzry a receauble hil. not l'llilty, orim.n6l lnrocence h!e of the proven ACiU.bt �..•' • • • • • • �" '.' • '• ' Il!ll'!RUCTlOll ll'O._ • T1'• co:i::-t inetructe the Jll.., thai. tt.Aly aro tho ,US<)c at the cra411>1l1i;r of the tr1ti:eeaes, to be ~van authori:ed that in detemillint to the tolltiJllony or tl:o di!ferez.t to coi:e~der their the; hove BD1;thair temper,feel1ns,or testif;ing;their eonableneu• ciro,:::,eta:,cee 1ntareat in ttc roault or unr;iaaonablaneaa apreuite: they are or tho caao,U conoorn•d; b1aa,1f &113"11P been ebown; their 1ntelligenoa;the1r tho woil;lht witno■ eee to tho partieo relationship thoir de:oear~r nila cea:n• of 1nfor:aat1on;tJ:o of tbo1r otate,n01:te; and all oi, ;ha trial ;and to t1vo in:.ch eret!!t the teet1110111 or tho different etancec and 11itneoeee tl!e ~urore th1nl< t~_Ry are ent1tlo4 ,u,w ~or to. ell roaother to the ciro=- �• •• ' i· • • - .') . It • l b ell ,: ... • •• 'fll ot etlJ C' 1 • • 't ,. ... aat tJa .. ••1 oJ ... 'll• ~ • • • • "o b:uillih 0 110 .o: !•' tt • cl ~ u •• • 0 ell - • t • I • .o & • "• 1 • n �• w1tt O!" w!.":.hou~ li.ls ~a:-,rtthout " of utu::e. c,.Jr;.Den't, 'b,- c, 1sB1cn. fl 'l1$Tl. ar-,.ilr.st ol>r.s!.it-1.1te8 bt1P.fi·er7;- �•• • • • • • • • �• ' •' •• I'.!' the J11r,1 t1nd. the aco11aed, 11011.ler Kita, 88,f ao and no oore. will ::e they !ind confir.e:::~ut than three him g,,ilt7 of the in the Jen1tont1ar;' eo ,m4 of b~eey m,4 batteey od not leea than one nor moro Uj>On of b1Jegery but 6Uilt; the bol' Alfred. Coughlin, asoe;M;ai11 hie punj&lulent 17 con!inelllOnt ceeding tw,ive or both • aa obar :7911re. It the1 !1"4 h1D not t,,1lt7 aasnlt crw the:, •111 aa7 ao a.n4 o.acertn1n biB punie'hzont in the 1ndicbont bf no"t gu11t,1; tbe,1 a,ontha orb)' tine th07 in of a~l• alu,,'ll •1.1 ~ail not ex- DDt eroee41ne t500.00; eitter �• • • 6al ' LJ;;: :.!.1 • ., • •' l• 'I .. • •II! [_ .. : t:-1 • • -~ • \"18 ! - :, ~ • • ~ t - ••• f ; • • I • • t~ �• VIRGINIA--County of Rockingham, To-wit: J',, th" ('b,rk 1J(th, ('irruil li.l(lrf o/ .w,;d ru,.0,111. 'J!f .t;~ )£~..;'~ .;..,,.1,,.,/i,•,Jt,(Ille l',•a,•1•1,j w,hl 1·11unfy,1/11/11•1·,·l,11 <l. 1•,•1•(tii1 that I hur,. /Jll,,·d1111 ,•,,mmitl, d / ~ /~ •. /. I'. ( L S I �j .. •• \ • '• • . . t~it �' •• • T0-11"/l • ,., m~ ,,n{I ;uu.Lt11-~~-,l , flu •;Ji,rr-, in llu· //,1 -Aui14J-m• /h1•"'·,11d r•"1h~f• 1,/M '" fl,,joi u,1111,· 11· . •·./,, ""~~"No-~••'•!•'"''' oy •tr;a.. lhf• ,'.UfntF. ,,,~~ wh11'!1nnd, ti tu dour: nl /he Conw,ouu·Ndl/, oj' I ;·,.!.j,int',r,Ir, ,-.,,uma ,,d fl""• <'"""'!I•,,,.,,1 flt, r,• rlr{i,,, /111.'( w111•,-,111t 'ri111I fo 1·,,111mamtyou. ·/~'M Iler,, /~ /.n•,11, 1111/i( 1, ..l,-11(! lw.r- inin Jm, l ,,~ :>z1;ic-, /0,...-~ •. f,,/,,~,·lhr,w,;d uf ,.,,id ·,, ,8'1 1·0•, .. ,c1r Vbj:',, '"'"· 1;11-r11111,ol1 r mvl11r11</ 111,,/ ""'• //,.I' 11ml rm11·111 r 1,;,,, fo flo• k,, ,~ r 01,•ri,,t, fot.;dlur '/...•rqX'rf'fi i!tl" .v,i.-/ juH, Jr, u•il/, rrrn',,, JI,,· .wtld l/f.Jllr c11.trf_od!till lht• s,,i,I irlil. ,,..i u4'.orttntil (,r ~OJ: ✓/'Z <-<_ ~ l/1i!h~~,/a1 ~ 1,r nml Jd,,1. thcN .w,frl{I n!Ti,r1,·1,.,.·t' ,f1,,1•/,r1,·~,,/ l•!I . ' -4'.4- J!I ~ n C ?/ . ,T I'. l/. ,,J �• ...• ' • • �• •• •• - • Arrc&c Warrant <..11\11'\11 WJ ,\I ll n• Vuu·.tr.;fA. ) • ,t~a....li, . d Cow.t:411 • 1,t ,!.'lid Cmlllt): uf th~~5:1i~Counl}, bn.,. thi" 1!11~ mndft c1101 I :u11I1•rrn1,1 ~rnn• m\:, ,1r6ume0Lbcr Ju:st.icec1' th~snirl fn•'Tlt}', thf' ho1ly f Lh(•ijo.itl 7-pf ½ 1111rn1wr1 lht /0--b.. 11iilC:'l>mpJ~iut. ant.I L•1he further rli.:alt with ll<'.cordinirlO la'" t,, 1'1•11t'11;f aru.l50,·e .,, 1•1tn<:<"in c.;,,..,.n•m.J,'1'mr h'lnd ht-half of d11~ ('~~molt" llncl nl 1111 / (7 .:..Ith. Jay c:,( .-\11.1.l }t J .an• l't"lllil"i'dteJ 11,.nnrn11n ,n ~ c:um1na11c,r. \ :,L,ff,/ tuui;hil"V 1hl" c-aid 11tfrtM:; i.n th, )·,w H:I / .._~ J.P. S-.11 �• ••• • •• • • • &w-~ .tJ, ltJ:.t. Y,1~ iti•• v.nnin fil~llll.'o.i ini: •Md ,vl'rirr "•UfU.lll lrll' t (11,J ,.,t • L>f IITfl••I • tlt'fol'O.' 11JU,1• • , r Ro,..ki1wb11n1 • vUct, w,,:I h.\ 1111rn1r;o1~1ni,,,• 11.r w!lb p ••• • cf Wltl'\ <,.,1 ·n ..c = �• • , •I. . .;J • - ( ~ t h H.~ • .(. r r- • '..I- • - -r ,, ,4 V • I \ l ' ''t . 7 , , ' tt ' 1,/J I We " ·~ f ~ • ' t• II JD fl Jiu ~! 1,,/'>° • • , II ., �• �:'l:..J.:. ~'l•t • • ., ...,-.,,t.. t i th t Yi L.o ro· •• cth ln"' r It! • 1,,· •l l.;., n,t ~i. ~-r '11 • • ' il• 1t 1"'0,I •• .., u1 l . C r1 ,, " ,, "'•. O"t I l Ls- •I J ,1 t t t~ . 0 t • ,. t• t tbJ lf'lil' a.. rUJ J • - • 1.r•c· • ..:e. r J. b oc J• er, .>$\t~ t,. ~J nf ..... ., ,1 7'Q l J'l'.1:"' Pn• t. 1rin · ,, ··, l tL t U "• ,. ' ' ., J DJ Ill\ I • b Ill. ,. .-u, • • •n t ) l 1" ,, :1.t11 ...,c.• ·?' ~1' •~bi1tt:r ·?' ,. ;, • . LC I j 1: -~ •1 •r: 0 t ,u J .. r•. r.a~ ·t b 1·0 ,. •o l i,.ry ...... t t,J, ,nor �• • �• • • • • ., ' ' .. /!IL' l J ·----- t r , J 7 t 1 • t • • r \I t, ,I t I • t n 7 r !'11 • 1 t .:o • ' l t.1 14 ,· ' 1 • �• .. �• •• •• • • • ) ' ,• •1, b ' C . ♦1t l' .. 11 i: I j •• •:.ll:t !fr .... j) 1; • • l • ., ~ • 1n • . _.,' . :4:,- ' . i "6 t 1 (_ • 01 0. 1 • ',' • 1 no~ l • ' .. 1 l • _i_. ". l "'-'- ·- 1'1 - • ~- •• r, t ' • • .. iD • :n 1 lil· ....... , V 1 l ·t . - '~ r1 ra • •• 1,t b i ."4 "' .. ·- .'· • J~ ""•• ~ • n • - 1 • T ', '.C ' l ,t 1I :1 "l • ~ t ;i. :.:t • �.• f •• ,; ' ' • • • "". ('- ). ~ t "'-;) ; ~ ~ ( • '' \ .,.....___ '-' ~ ~- �• • .I • ::'Oe ·-ro.nd. Jurorti 11 anrl 0:-or t.oe bod., of eold fl aa Id oourt o~ 1oolcl1 gn~m ,in,I no" attendi1 at 1te !J ril _;_f~. =/.,.'Tr-•-• 1921, -l'·!'I or tha bod~, or 1 he aetd the o,· l,:1· or n~t.ur<:1. n~inet '"'o on•~n1th ot ' 11ron ne .Hfrei.1 ''ou~;ll"-ri, tho renoo ri t~ : "'rai :::.:·~·f :• ~1'Ul"" c11r,.op. or.-aJr::Jt d n1,.~1 .. 10... ~, ••lt. """9. !l.J3'1 lt 1n 11 t. o ~:>wrty at~rnugfat . .i:'oli::>nlou l; o.fcrdaeitl. JmoY1le,l;-• !t aot nt:, ~ ft8 swori ln ':tt.rt j"J.!". t.:> ;,:1V'l o\"'l4e!ice. • •nd eont to t.o �' • l-v.t./'yv-~ r D(.,.,..,rquA- ~ f (' I'-<~,{,~ ,~'-.b..,,, ' j~I.. J{, , • • • J-'14,~- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1921 Title A name given to the resource Commonwealth v. Mohler Kite Description An account of the resource Defendant charged with felony rape and felony sodomy. Subject The topic of the resource Felony Rape Sodomy Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_007_229 Coughlin Kite https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_003_019-commonwealth-v-morgan-h-driver.pdf 79b9d379442267f918b99908e80a0a3d PDF Text Text • IN THENAMEOFTHEOOMMONVl[EALTH OFVIRGINIA, TO T:E:E You are hereby comntanded to SF.i:ERllF s1tJn11ton .... ~., OF BOCKING::a:A::rv.r: COUNTY---GREETING: udJ...i ............................ . CR., .... ... Form 6S-Derliu. ��IN THENAMEOFTHECOMMONWEALTH OFVIRGINIA, TO T:H:E SIIEEIFF OF You are hereby commanded to sum11ton---~ EOCKING-i2'--:1Yl: COUJ::;j"TY---GEEETING: {R_, ____ __. ____ (J3,1A-c~---------------------------------------------------------------------- ·············--·-···--······-·-·-·----··········-·---------························-------------···································--------------·-----·----------·························-·--------··········· lo appear before the Judge ef the County Court o_f Rockptg-ftam County, at the Court-.1-.fouse, at ro orf.ocl.:, a. _k)~ nn·· Oil QL:_~----: ____ Court 1'flHt+,being flte___ lld~a? $ ___ flte ____ r___dayo_f th~ ____ __ Jqff]L :f82£ o_f to testijy and the truth to say m behalf ef tlte Commonwealth agauzst ~~;:;t;;;;:::~,~:;~5 ~,,~;'"~ ;M;,,;~d;h;;,,h,,rv Witness, _/OS-f(.1-.1 S. M-lfSSERLE ___JJ __ ~ day o_f._____ f0..e.,,_~ Y, Cleric o_f our said ___ _f..q_(Lg,r8g--; and in the r &- Court, at the Court-.1--fouse, the ti71tyear o_fLite Commonwealtlt. ~-····· ...... /i~ ~ , C~rk Form 68-Berlin. ��TOTHESHERIFFOFROCKINGHAM COUNTY. Tile following list ofpersons of lite County of Rockinxlwm, residing remote from !lie place wltere tlze offence is cltarged to ltave been committed, and in otlzer respats qualified to serve as Jurors, is furnis!ted you, from w!tic!i you sltall take tlze Veniremen summoned trial o_f ~jaAA._ $;(),,rtL--V:'½c.. for t!te Court [; oft!te b · rvt ..day of !ltU County aforesaid, being lite. ff ,/4-;1 .!)-- JJ_)'~ 1fl1~tJ CPµu1/': 7r~ ~!£l '1{-!l_ fl' ~.;Ut_ c_ 4~ ~ ~ ./; _ (l (TVVJJ_ 11 2 b)' )'Oit lo serve as Jurors upon tlze .. . . .. .. _!JJAA.,4 .3..,,, ....da_1'of , cltarged Term, ~O J~j wil!t felony, I ., t. · fi_JLff~= /Jau,._~ JL!Jf--~L J__;_ ~L }/,1.Iui_dl fi- Jc;;JC u set oflite County , Ifj'CJL.. ./~""' . _t-tJ_rn~ ·jJ,t__~ J-~-~~ ~m~ <:J. il -~ Ofi~ ;lfal ~L~~ Form 84-Berlin. ��IN THENAMEOFTHECOMMONWEALTH OFVIRGINIA. TO 'IJ3:E SJ3:ERIFF OF ROC:I-=ING::!3:.8.JY.C J~UZAA.., remote from -GREETING: 1 q/ Rocking perso11s o/ lite ro1111f1 .. } ou are ltereby ro111111anded lo sum,11011 !tam, lo be taken from COUNT·Y- a listfur11isl1ed ~1 lite .f11d1;:-e ~f-l!tc-Cou11~1 Court 1 1 q/ RocN11g!ta111, residing tile place wltere tl,e offense is d1arJ[ed lo ltai e been ro111111ilted, and qual{jied in all ollter 1 respects, to seri•e as .furors, to a/tend aud appear btfore the Cou11{1'Court o/ Rorkingltam Coun(1', al ,..--- tlte Cinmty Court House, 011tlte bein![ tl,e P)_3 7nvry a,(,<_ _jcf 1 o/ da_1 b /Y'"1VV ltl u/4-L L lo sen•e as jurors o/ r!tmxcd 1c•illtfclo1(1'. I,,\! . ·/11d tl,is t!tey sltall i11 110 ,,·ise omit, under t/1c pena/~J' 11po11tltc trial q/ £100. .<Ind /101 e flten a11d fltcre lltc 1 11a111es q/ said perso11s a11d /!tis 1,•ril. /Vilum,A-'~ · Houst', lltc o/ tlte !l.,/2,.J da_1 o/ 1 :J~~ , Cieri.· of our said Court, at the Court and in /1,e 1 2..J year of Co111mom,ealtl,. 1 Clerk. ��IN THENAMEOFTHECOMMONWEALTH OFVIRGINIA, TO T::E:E You are hereby commanded to SJ;-IE];F,JF SU1Jl1ll07Zu OCKT::E:.E..J::./.f..COU-NTY---GBEETIN•G····:· ~ ... .... - .... ~~::__c_t:.,(AA,C:.O ---------------------------------··········--····-·-----------------------·································-·-················-------------------------------------------------------- ························································---- lo appear before the Judge of the County Court .J':: .....efth'4 day I9O iii L, to testify ....~-- .. RockiJtg!tam Cozm(v, at the Court-1-:louse, on the Coart a,xt, b,fog ef .. controversy in our said -······~~ t!,,.'!dc'.:_ __ day ef-_'-'{J"'-"-"1··········· J/...~f;JY1:-:Y..~ ............................... . and t!te truth to say Oil beltaif of~.~ a certain matter Court, depending aJtd undetermined between ·····•·········································•····•·······························································-·-Plaintiff, ;:, t!U;~=at:,o f-Vrit. ef W£tness, JOSEPHS. w:,:; p,na/ty under t;,, MESSERLEY, of £,oo A,uf /,av, Ihm aa~~=~:::, Clerk of our said Court, at t!,e Court-1-:louse, tlze .~./. ...L ..day o_f...\-U~. ..r90./. ..., and in t!,e 2-:i771 year 7 ............................. I o.f the Comnwn,e•ea!t!t. . . (..d~ ., C/mC. Form 55-Berliu. �~ ~A ✓/2-/VVV~~ rL . 'Jl J ~w-~:r ~/YL~ �···········································································--- l ··················································----- lo appear before tlzc Jud ... L .. -----·······················••·••······················································ ------·······························•·····•····•··•······································••-,•············· tlze County Court ef Roclcii~g-lwm Cozm[v, at the Court-House, on tlze .'i!-.7................ Court~. bei11gtlte-fl.:J..~.day day ef thVJ................... I 90 L.' to testify and tlze trzdlz to say ill -··· beltalf o.f...m~~.J..J a certain matter ef controversy in our said ~~ ~ .. ....../[M':.~ .................................................. . Court, dependi1tg and mzdcternzined between ....................................................................... ____ Plaintiff, ~~~~~,!:.::::,,, pma;;~;~,: ~;,;~:;;/:;;: ~.~:::::::; ::d T¥rit. . _.7 OJl r.J~................ . ef....... ... unda Witness, JOSEPHS. ./hay //,, MESSERLEY, Cler!.: of our said Court, at the Court-House, tl1e dd~~--·······••··············· and iwfhe ef...... .I90/ .., Siltyear ...... o.f the Commonwealf/1. =v~:c,-1./...,,,. ............, Clerk. Form 55-Berliu. ��The Jury there are instructed that rrlight be eny reasonable ·7 ust nocent find ;_ntil doubt him not guilty, his upon the evidence, s to the to thr-i bnnefit p:::."isoner, he is entitled they if, he being gui J.t is proven beyond guilt of the of such doubt, and presumed in- to be any re sohab le d 0ubt. II. The Jury tley are nay oelieve instr .cted from the insts.nce of the prisoner may have signed P. McCall, ·rriting v; ithout also did so, r1e was in the for sone time said __ el ieve similar fu'1C the.t said the such extent that hac~ a right to c:o t' 11 the prisoner l.:cCal1 i::: . Lb.Y 1nd1ctmen-u, ,A. be11ev1-:.-q.g th2.t the .. they anc' had been writings 'lilliar:1 of a P. McCall, authorized, ··1r·!1"'er ana. to c,,. ~ · ~th2ct said he McCall vrould sane as he had done the preceding mu~t find during ni::ne as to the --I·it ing described ;,,-/4-«-ii!, )· the prisoner yet t irne he and that h2.:v 1n the the McCall, at the e:xpressly . then ,:7 !'icrall, had signed • reco~n1ze . froin s2id the ~1arne of seid saic the th(~ name of Di lliam occurrence, was either by the indictment, evide::-'ce the.t to that with notwithstanding in the rarticular s;:me with er1ploy of said signature or was arirroved that authority the prismner character that desc:r·i1Jed in the from the previous e:oployne~t, evidence express if they further, not guilty. orders, ��ir st'Puctf?rl 'i'l1e j1;.J1y a-re f'ur.ther t'rorr 0viclence thP- or t1.c F': -:'or.~ery thht it was not j_f jury a .forgery so 'er uS t .. ey t,md Hlt Morp;,...r. tndictr1er:t though they l-!. DriVP-1" wi. th intent :m. P .Mc. Cr 1:: vmulrl suhj ictAd to tic hro,1 ti1ey :PHY Raid order ~enalty of the said J.j su~•! l ttm:-inp; 1to a trn~t :fc1.ct, hut the hy v,ht ·nJ)on tl1e transact believe from the [1S .u::; find him p;uil ty than i.oi1, evidenc., ho order Morp;an J-1,flriver rather law. descri.hed time muy bf: considered to defrc/t.:.ci t::ey that t'1e \7r:i tine ir1 ·e. en 'e::-it o for·~e<'I or uttered :>.... c•r 1,Aliflve 1 to th, t if The ~ju,-,_rurt) instructed t convert of tllr:: ac'.'!used mc=:dec:1 that Rtfiterv:mts the f:'act v1ou1~ not may r)elieve they lltterine tl1e an-:;usP.1i in that "e,yet t ,At although alleged in the even expectect a , "''; hin to be that ��_Hurst'• Annotated. Standard ~orms, [Code, J Hurst & Company, lnd'1ct111ent. lf No. 35. · §§3989, 3999, 4000, 40II, 4045; Hurst's Guide & Manual, ( Pulaski City, Va pp. 537 (3), 540-5, 5-16, 617-18.) (l)IIHI\D\01.il~'l\ial .. · of ~i)(~i~ C0OJVJ'Y 0.F.... -----·-······-···-- ·--- ..... ' TO:-ff/11.1: /JV 1111.EC0U.N'J1YC0ORJ' OF S.4JD 00[;~"\'TY: The ·urorsof tlte Commo!lu;ealtlt of rirginia, ill rul{/ for tlze body of tile Cou11t11 o/ ~e .._. , a11d1wa·attelldilzg tlze said Coart at its ···-····--····-· ··::·::··.:.: ·.1¢+'~, on tlte ../ ;' '! day of . ····•········· ...term, in the year J/, ifV , upon their oaths prese11tthat rtn,..1 ..- ,4/. ;.a,,,,.,..,,,"c .. . /t ~ ...,. ····· ... ···························· .... ······· /4, ..V ~ [;jJoatlze ez,idenreof .......... __a:itlless swom.ill ope!! Collrt a11dSfld to tlte Orand Jury to gice ei-idenre . . .._ , Cler!.'. �• ~ ' ~ "K l ~ t- ~ ~ .. )> -i ~ ;:o C rn rn I r r t -n ~ ~ r C = = _,; :r. _,; -·f 0 i- ,,----"- ~ ~ -~ ~4] ~ ~ rJ !~ ',.. JQ ~ ► ::, ::: ::: / :-· ::, - ��.. \. "· ~ ii ..... ..., J ' '" ~,I' ~ \ ... ' , '~ ' ) ~ ·-4< \.A, ___.:- " ~ _. ... • .. ' '~~ ~ ~ 4- .. •· ~~ • ,.J. \J ~ fl. ~ ....~ .,i A "\I tef> J, . _,. ... _..,..Nlf'1 . t ~ 41a ..;, 'J 'I ,....... ,.. • • \ -~- . . . ->--....· .. 'I. " ~ " • I ) - ~ V v~~ " ,. �.J V ' vi I ~ ;-l ' /J- v>vvJLj, I a Ari/IA__,,,• {g_~ Jriiv ~~ ~-£/c ~ /J. <]./J~L ' v'-"'- �, �• ~ 1 -l ()'Vl.-'l/m & ) crnw ta.lit.__ tL,;l_J ~ ~ 'ix« .ii_ Lh-~vu �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1901 Title A name given to the resource Commonwealth v. Morgan H. Driver Description An account of the resource Defendant charged with felony fraud. Subject The topic of the resource Felony Fraud Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_003_019 Driver Leurs McCall https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_005_135-commonwealth-v-moses-banks.pdf 4f76f0a9e8c2e05c0ed7f9bdcc115526 PDF Text Text ... . COMMITMENT VIRGINIA, COUNTY OF TO L ..~.rfl.'P.~ ./~~-. . into the custorh· ~.//~ - ~~-~.7....~('.'-_JI!(... .~r. of said Connt!·, 0 These are, in the name of the Common\\'ealth •••••••• , • of "\'irg-inia. to command F~ .. the peace of said county. b1· him commitled. on oath of . . \\'ith this \\'arrant, . the bocly of ..... .............. . ................... charg-ed be- ................................. .. ajusliceof ~~. 11·ith a fclo111· ~ .. ~ . , on the ~.~S. in this. that he. the said ..... ancl to the .,·ou, the said.. of the keeper of said jail. tog-ether .. ·.. foremc ... ~/, . 1 ••• to com·e,· and deli,·cr INDICTMENT ROCKINGHAM---To-w1T: To .. 1,eeper of the Jail thereof: forth\\'ith ANSWER 1 ..... ~.$~,of.~~~~ (J~,.,.,.,,A'V ~ ~~~·-d..-~ ~~~~~,~~? ~ V}~~-~~-..,~ ~ ~~~~~~ \ ...... .......... ...... ..... ... . ...... and !·ou, the kceeper ~✓.--:7_..tj ~ ~1:ie·c~ ~~;. t~e ·~ai.cl 0·~~1~~~ b~~ore ~~t· of the said jail. are hereby required to receive ... ·... into your jail and custody. ~~.. ~:~;c;·~<:t;n~y: ancl him there by clue course of la11·. Given nncler my hand ancl seal. this .. ;2...P,~clay ............. ~. safely keep. until of .~, /.~ the said that he may be he shall be discharged .1903'., ,J.P. [L.S,] �< ·,, ... / ,'j //.~~t/4,c.~ ;) ~fl~ �• f • STATE OF VIRGINIA, TO Whm-,a, .. ... TOWN THE CHIEF OF OF HARRISONBURG, POLICE OR ~ .Y....,,,:Ji~ complaint and 1·nformation on oatli before me, 0. B. ROLLER, ..••......•.. POLICEMAN .....,of th, said . . . . . . . . . . . ....... .. , 190. K.. OF THE SAID TOWN: town, has thU day mad, Mayor of the said town tlwt. . . . . . . . . . . . ... d_q,pz.~ ...............~f th, said .. ?~. ~'-.....C,,,C__A./7.,AC..- ANY TO-WIT: in said town did .. town, on tM .. £r.aay ~ .......... . ~k?:.-t.'~ f...~✓-.~~/...~ ..~ ....:..'................ . ······-~ $~ ................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . " ................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . .. .. . . . . . . .. . . .. .. . . . . . . . . . . . . . . . . . . .... . . ...... These a1·e tlierefo1·e in the name nf the Commonwealtli of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .,, ...... ., ................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ... . . . . . . . . . . . . . . Virginia, to command you forthwith to ayp1'e- hend and bring oefore me 01· 8ome other Justfre th<body of tlie said . ....................................... . to a118we1·the said complaint and to be fi1,1•tlierdealt with according¥} law. 1 0 Gfr,n under my hond and s,ol thi, . day ~ •• -?f'.'" Swnrr1,on of the following witnesses (".a;.t27 ~ 19 'L~(~EAL.) ~ .../:..1 A .lfay01·. : . .<2.,T-. . .. .:IJi ~ .....~ ...~ ,............................... . r~............. . .......... ,~ r............. ~ ............-:0.;rd ...~ ..1~'.,...~....... ······~··········i···············································································--······ �• f • .' '. - - . t· r i~r t K ' '"-. ~ ' ~ ~ ~ ~ ~ 1,l~~i~ ~ ~ " . ~~~~ ~~~¼ ~~~~ j~~ ~--;\ ~~~ " �Commonwealth of Virginia, COUNTY OF ROCKINGHAM, To=wit: IN THE CIRCUIT COURT OF SAi D COUNTY: The jurors of the Commonwealth J.~~·........... of Virginia, and now .attending the said Court at its ..... in and for the body of the County of Rockingham, tenn, in the yeac 190/ upon their oaths present that. ...................................................................................................... ...~ .. /J~ ............................................... '(·············································································--··········•·················--····························••··································································-- on the ................. ~ ..... day of.. ... J..~ ....... , in the year 190.r. ............................................. against the peace and dignity of the Commonwealth Upon the evidence of .... in the said County, .,:. ........................................... . of Virginia. ~.~ ... 7:?..~... !..~ ....~ ~ ··················· ................................................................................. witness ... sworn in open Court and sent to the Grand Jury to give evidence. . .................................................................... Clerk. �~ ====-·· Commonwealth { VS-. INDiCT~ENTf ~ U:. rn« ~..........---.. 1/Jo.Pwt .};- ~~cJ -- --- A TRUE BILL. ,L~ I ····~···················•·······························.c························ Foreman. ,. ,, ,(\ ~-- .......... L-, �r • Commonwealth of Virginia, COUNTY OF ROCKINGHAM, To=wit: IN THE CIRCUIT COURT OF SAID COUNTY: 1.'he jurors of the Commonwealth and now attending of Virginia, in and for the bocly of the County of Rockingham, n\1:~r.~r ...................................... term, in the said Court at its .. J.. the year 190~ ... . upon their oaths present that ... ~.~9~~~ .. ;£;3.~.~t~ ............................................................................. . on the .. ?F.tJ:i .................clay of.. ..<T.~n-µ?-fY .........................., in the year 190.P... , in the said County, 11.P.<1 ....:f.~.'.l..9I1.~.9~f3.'.L..Y .. ~9... cause tent to maim disfigure, g~~°-'~ ?.?~i~_y in.J_ury diaable & kill said ..~o ~-~~?: ..p_ay~.'3...~.\~~..... ;.r.i.~ Lawrence Davia ,, against the peace and dignity of the Commonwealth of Virginia . . .. . .. .. . .. .. .. .. . . . . .. .. . .. . .. .. .. . . .. . .. .. .. . . . . . .. . .. . .. . . . . .. .. . . .. . . . . . . . . .. witness ... sworn in open Court and sent to the Grand Jury to give evidence. &·····················································Cle,k. fie~- ~~11<➔ ~- �~ .r 't fu ~ , tf I ('t .. ~_/'ii ¢' .. ~~~ VS. i11 Li J11d '~ r 1 (~ J·~ ~ ~ct·J~ ! ~"r~ f ~ ~J -t ~ J '-i'\ Ni 1i1J 'l{ h~ ~ i;•1·i[~.~~ ~ (l v__ ~ ~ ~. c;; ~ J. .. 1/'J < \;"' ~- I ~ ~ -~ -~-~OJ .. .r-o 1/J, TRUE /'?,~ BILL. (!..rlt'/ ~~ ~~3f,_j_~-- Foreman. //, 1f ~ i11d-S~f~&. .~1?%4 64 £-.' //t?~-#e,#,/4',~~~ ~~·- ~~~ . . . ~ ~, ~ ~~-,~ j; ~~ _, ~ .~ .. ~~ ~ (/.,:!-. ~,.,,;a~.,,..z¾,,_hJd:.. f ~ , 'i'P - T,n I' '~#. ,,,,.~ ~~ ~ 1~-IT~ [l r '° tJ·1 Jt ~~~ ~ ~ ·1~ ){ ·r ~ ~~ ~~ z9_2f.. ~~ ~{4,;, INDICTI\:1ENT. { A <iN .,dr Commonwealth • /J /,tr;-(), , . . - ' 'A~-~/~lo~. ,,, ~~ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1909 Title A name given to the resource Commonwealth v. Moses Banks Description An account of the resource Defendant charged with felony attempted murder. Subject The topic of the resource Felony Attempted Murder Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_005_135 Banks Davis https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_007_222-commonwealth-v-moses-coleman.pdf 6203271aa820ff1eb8845ab6d2dcd1dc PDF Text Text C,,"1•'n'-W1'<\1. t'JI t" ,·u~r.1.. 1;\, R11r11.L.'il:11~x ('11t.x•n;- \\1tu,.11s. <'fmtplJ Ul s.x 4.nJ. u~r..ttl\ll!ihr- ~ (!}/.:r. t,,,c_-'#' .i.~~~~ r,, ,n , 1t bt--t.::- :i.r:- ,fthc ?• {L_.~ /,~,," /4 ~J,,-4 1?,.~~<0 ~ ul lhl 1iJ ,'Nutt:,, ... -~, r,n,,lh(' /J. 4 6,- ,<- Z..:...") 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"'1ill (·1111111~.hl• this tl1y mlJC:' ~fa) or t£...3/,t(,.t:.<€-'...,.(,--._ ii!:-<kl,,.~,<e._-.~5-,£~ ~ ~, A ,i,J ,,f~l-.(1?...&-f-._ in lb<-· h,:11 /1>)-0. (.r:-j•,J "'-.S\::, �J-..-,•u·ut,,t 1/,, ,at• l"I fi11 H II 1/,/11• ri 01 • • t,mt, 1 ,,J't{}~ ~11,'"1 l l,r{i.,r, ,I .r1ul .,, i'n f 1:- J •t·h•,n l,t, ,11,n11u1,11l11,~tit• ~ trlrt,, t'" 1 , I' n.ty ,,. lhiu >ft r/rr ~.,~tb~4r MM /.II. J""'¾ rJC.,_.( ~ ..,,_,J;li1-·,,, -,i .; ,,1 h_,(. NJt~11.f,,, , ., "'' �•J~.• •o J. ,,-1~1 ?l,.rlt of (1.( 9-.. -~~!~ ............. t>ie county "o-.trt of' •aid ~o ,nty: ,a ,uat1ee o• A~1 r,owit:, llo ·,,,,. by -• t t ed ..•.....•.•.••....•..•••..•••••• PJJ.-.;:. C 4 f;_pt:,,,..~,._,C.,,. '• 1 J)r t..,,t I '1111•e t ?Ii• -1,:, GO....... 1,., .. t:, tl\e j "1 l court o .,r • uni1 i" •~n·mtv, th~t C1'.1.nty :ror , felony ·1e .lf b~ i,,_, t,-iel\ lrz,%ft• 1,,..-.,~t!lo him eo:tT"..1ttc1, i.11 lh1•, thnt n~ 1r.ty ""• /.f.1"'!o:. #,£r1r'4l<: .. ·_:·190:>, in ••1• o•int1•ftf!':·:::;•:.t ~'!"': !':.";.•.~'~- -~ .. (!/.,a_''?·. 4,_~.1/_L?(_ -'~. ,/.( ~~•~<;. .':.z..4:;: .</j fr.•.--:\..J.J/.~f-.4.,~ /J.<},_~of':"il . .~-~ ·."'· .'!. . ~~-=1. ..'.«:~.!~ ~?-':½.r:..4\ ! '.·:- ✓ I.._ '"'.~~..... <.:..{. I. (?. /:~•'.•:-. .f":--:-ff.--:1:!--:<--f., ,.'._i,-J,~, / ~:-..-"7-.": ~ :-_.l!l-f~~-1..~-•• 0 on t ~f • ,. <_ :C::-.~<~. /!11 ! '!. fa.,./1--:,~~ ,.o/:f .. 1<!~~- ~ .,/2?~•,-.,. -~~-.~ .~': .. .(.~'?!,. ~-.✓ '¥ .~'!- .. ~~t ~J. '.41,>.'f .• .e. ":'f!-: ~ -:.~ . .'·~-~-~""i;-,i•z/. ':-.•. °'..'-.--:--.• .. f.., ..d.,,<_ ;!;_~:,?A'::~·? ':f.":<:.f:-:-. .... ..~1~?:7._I;_~~ 1~~,_,., ~-c.-:".~< ..-:~ ~ .1..-~ •a./f .' •• " !Q" ll' !lll-1 t o ... ~""~·'"-· . . . . . . . . . .. . . . ./,. .. .. . . . .... ... • • .... •••••• l 00 . 1• • �• • • • • �I I •••~v\\rr 1 \\"m ,~-c,..l~ , \"' ~lr# r~ <)Ar //, 1 r--;µ. J ~ ""/ °' <""~, 0 ,,..,,,1,111, ,,,,I i,,J,,..,1Utin,1»n, oth 1,, r, m ,n /., .ai,.1 um •:~J,rn,;__~. J.1, Ju-t,,•, nJ b:i t.1;, th '.I, d..\•. 1J L 1unt, 11111k- that C.y ~ ~ ,'Tl'!-"" fo 1)1 • 1-.!1J ll 1hd .f:.t,,,.,_, <<n~•1 /'-'U,,~A,-•< ••'-...6._,L:,__/'~. <Y'-o---;,&~......,_ / /er~-) • t 1, a.....: J ('( th (l , ,; /,-# ....., - t;.,....,.,,..? ~4'1,._.;,,c_, ;t, ~,a,&,..~~ , _,,~ ·---~f ~..:::C-r:;-~, -< .r:;:/:{'.> +t:~ d,.,,✓0'....f ..c.,~•, a;_.:/;;. ~ te,... -,;-,u"i<.. I"'< fl e/.d'r.4r /Id. 'tL.a..,-.1!,,,f 1.,.,, d'u up.,~. r"t 6,-,.-~, ~ /1:,.~ ~ , /4:,1,, ,_, d .k.. '"-~, ~,, u , &_,.., ll, ,. ) L '.' 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'"'-' ~ ~ • ~ r, � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1920 Title A name given to the resource Commonwealth v. Moses Coleman Description An account of the resource Defendant charged with felony break and enter and felony larceny. Subject The topic of the resource Felony Burglary Break and Enter Larceny Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_007_222 Coleman Karicofe https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_003_004-commonwealth-v-moses-coleman.pdf 23f86cc9676862a1d7324e3916127995 PDF Text Text Hurst's Standard Forms, Annotated. l :--i f• [Code, J I-I urst & Company, I Pulaski City, Va. Indictment. o. 35. §§3989, 3999, 4000, 4orr, 4045; I-lurst°s Guide & Manual, pp. 537 (3), 540-5, 546, 617-18.] ·,Ofl\fl\Ot\\Y~~alt,: '.@f Y~ftl~ia, COrJNTY OF.......... .................~ .. IN TJJ.E COU.NJ7Y COl/Rl' The jurors of t~teC~nwealtlz ······· ............ ' OF S. IJJJJ COu)lTY: of T'irgillia,ill and for the. ~ody of t~ze County ~l ........ (!} ............................................. :............................ , a11d!ZOLL'attendmg tlze sazd Court at zts . term, ill tlzeuear if U1! ............ ~ -&-&.~ , upo1ttheir oatlzspresent tlzat =·..... . ..... -...... rtgail7sttl1epeaceand dignity of tlze Ccmmo1ucealtlz of ril{Jillia. DiJOlltl1eeridellceof ........... ..................... . wit1Zess swam zn ope1z ('ourt a11dsellt to tlw Grand Jury to gite evide!lce . ......., Clerk. �)> ... -l :::u C rn CD r !"""I • "Tl 0 ?Q > �Hurst's Standard Forms, Annotated. I nd"IC t men t , l No 35 ft · · [Code. §~3989, 3999, 4000, 40II, 4045; Hurst's Guide J Hurst & Com pa ni, l & Manual, Pulaski City, Va. pp. 537 (3), 540-5, 546, 617-18.] Tlzejurors of tlze Commonu:ealtltof P'i1:r;i1zia, in and for tlze body of tlze Cou11tyof ______ ~f..._,,_ ~~ ............ _ ······~ ________ ____ __ ___ _- _,a11d term 11ztlzeyear If dV' ~~ 11011·attending .. .. , upoll tlzeir oatlzspresent tlzat ·.·· a,r;aillsttl,e peacea!ld dig11ity of tlze Ccmmo1ucealtlz of rir.r;illia. [;jJontlzeevidenceof ............................................ . .. witness .. swam i1z opeJZ Collrtand seJZtto tile Grand Jury to give evideJZce. ........ , Clerk. the said Court at its ·~- �·O • - ✓- C .I . _ :Z I ~r ::: " :::, P ~ "" :-' ~ $- . ~ :z ..., . ~. ~~ : I ...= I rn I. o I ..:= I "Tl ~ i► I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1900 Title A name given to the resource Commonwealth v. Moses Coleman Description An account of the resource Defendant charged with felony break and enter and felony larceny. Subject The topic of the resource Felony Burglary Break and Enter Larceny Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_003_004 Coleman Karicofe Sandy https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_008_258-commonwealth-v-na-neff.pdf ab725d2eb884682931cd5c1ee9190bce PDF Text Text • •• • or IH _llJ:: llAlJ.l,, 1'0 .lu. Slll:RI!F 'l'l!E COJIJICIN !IALTll OJI Vll!GTIIIA. 01' ROCtlt: &'.l! COUlffY·C!UL:."Tll•, You are hereby cc=»nded th• Judge of the ob·oui Houeo, on the lat abcrir ~ ••• Neff to •fJMt•r before llourt of hoo,<1Q£lutmCount1, at tbe Court aa7 ot Juna Torm next. boiJIF June 16th 1924. io csuae whJ he ehould not be !1ne4 aud attached erec~ flab ..,,a 1, \o eu.. on loddera he••then i:he 9th cl.ey of •nd for failill!' to at hie 4aa •• roqa1red b7 law . t.l:.ero tbte ~ 1924.tllll writ, in tbe 148th y .. r of the !.~(p!,.,/J,~- Oo=cnwealth, Clerk. �' l,1,, , ,~7 111 /,// • I • /1, I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1924 Title A name given to the resource Commonwealth v. N.A. Neff Description An account of the resource Defendant charged with misdemeanor failure to maintain proper fish ladders. Subject The topic of the resource Misdemeanor Failure to Maintain Proper Fish Ladders Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_008_258 Neff