82 20 4487 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_013_commonwealth-v-james-taylor-jr.pdf 4c2445e0476b5732e0ec63fe7ad6e4c6 PDF Text Text COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM,to-wit: In the Circuit Court of Rockingham The Grand Jurors Taylor, of the said Jr., Harrisonburg, deliberately against on"the open court upon their oath present feloniously, and unlawfully and dignity did kill Term, 1959. 1959, in and for the Circuit that James W. in the City willfully, maliciously, and murder one Calvin of Hill, of the Commonwealth of Virginia. of Julius Ri~e, C. S. Leake and Officer and sent now attending 4th day of October, -f1pon the evid,<ce Harry Holly, of Rockingham, County, Virginia, the peace October of the Connnonwealth of Virginia, the body of the County Court County, to the Grand Jury Woodrow Johnson: Joseph, to give witnesses evidence. sworn in �COMMONWEALTH v. JAMES W. TAYLOR, JR. murder TRUE BILL Charles E. Earman, Jr. Commonwealth' s Attorney �COMMONWEALTH OF VIRGINIA IN THE CIR CUIr GOURT FOR THE COUNTY OF ROCKINGHAM COMMONWEALTH v. BILL OF PARTICUIARS JAM.ES TAYLO, J Q Comes now the Earman, Jr., and for in the criminal Taylor, Jr., That 10:30 ttorney the proceeding states Restaurant, P. M., at near the Commonwealth, Commonwealth's the City of Harrisonburg, murdered one Calvin of October or near the front (Pete) Virginia, Hill of Unca Lou's and Community Street the said by shooting ammunition Taylor him three from a .25 calibre Commonwealth I s \JOV 6 1959 James 4, 1959, at approximately pistol. Filed in the Clerk'sOffice RockinghamCounty,Va. E. of particulars of Commonwealth against Ea.st Wolfe Street in the body with ball bill Charles as follows: on the evening o'clock, for in shot and times automatic �:,.r,.~ , �Commonwealth v. Taylor ---I INSTRUCTION The Court aegree instructs the is miy willful, of ope human being being by another deliberate being second with degree malice by nnother without the killing but without ) passion engendered or brought tr> ) ;tMII cation or in mutual combat. in the about killing of one human being willful, / is theAkilling malice, in the first malice. is /ll manslaughter murder and premeditated with and premeditated. Voluntary that deliberate by another Murder in the Jury of one human heat of sudden by reasonable provo- ~ fiO·t 51 15 Bi b;.)]iefat V6 Iii lkC, ti 8 II 1 $.i$11;£li 1 ijt'l.:, 8.t ,-Ci!ii*,@J!W i I., JtS tJ fC. t da,T z 1!:Y)a:yiiiOllS.f p ..J;, ztg e_ •. ; .fij!j i i!i91Q)j1,i@f ! • f *KG, iif,Mk#eJ at , 2iOcti1i.i t ta, ,.. ... ��COM}ONWEA LTH v. JAMES T.t YLOR, JR. INSTRUCTION V The Court "malicious either but of murder, express every action evil flowing· and deliberately sonable the word "malice in a technical It includes and unjustifiable attended indication bent not just from any deliberate provocation Malice and hatred :Malie e denotes motive, an done with an as carry of social means a wrong act or excuse. duty done It may be inferred act done without rea- or excuse. The Court further instructs that have existed malice only anger regardless and cruel or It may be such circunIBtances of a heart cause 11 and used in the sense, motive. with on harm. without time and it killing that from any wicked and corrupt in them the plain sary is used mind and purpose, or implied jury to the law of homicide or implied. unlawful intentionally the as applied 11 , definition instructs shall may first come into or at any previous time. the jury for existence that it is not neces- any particular at the time length of the of ��Commonwealth v. Taylor INSTRUCTION The Court in Virginia degree. first instructs is presumed In order degree, and in order ation find the the every offense the burden that, to murder in the Commonwealth; of murder. or to is on the accused~ if upon a consider- you have a reasonable or not homicide second to manslaughter instructed was done with malice guilty unlawful in the is on the offense or excuse, the aridence, the defendant that of proof you are further of all the killing to elevate to reduce jury in law to be murder the burden show a justification However, the doubt whether you should not ��Commonwealth v. Taylor INSTRUCTION The Court to instructs be innocent this of presumption the trial. every the the By his charged with the plea of the and that the which he accused "not allegation Commonwealth jury crime follows essential crime the of burden the accused's so imposed every accused every guilt is charged, indictment of proving the is throughout guilty" the accused beyond presumed and, that stage of has denied and has put element of every upon the reasonable doubt. This burden, as shift but remains throughout under no requirement if, after doubt of of such This the doubt accused's and part of fendant the full You are the find the further accused you must pleasure benefit the of such the not The accused his innocence, entertain give does is and, a reasonable him the benefit guilty. but instructed committed you innocence law of trial. establish evidence him not of Commonwealth, entire or guilt, by you at binding that the presumption disregarded the to prove considering on the land, is not it is and a mere form an essential you must to be and give the de- presumption. that while crime with you may be suspicious which he is charged, �', �this is feel that not guilty, guilt must reasonable can not sufficient he is but probably to warrant be proved theory to convict nor it sufficient guilty or more likely the conviction of so clearly consistent is that with the there guilty this upon you than accused, remains evidence if not his one which he be innocento ~~~~~ h~-~~•i's:CffJf~ tt4,;,y ~W' bit~ ��COMMONlvEA LTH v. JANES TAYLOR, JR. INSTRUCTION In considering burden of proving doubt, the Court whether the guilt instructs the word "reasonable" doubt or possible must be proved possible guilty jury jury that you should meaning. not overlook doubt is a on reason, and is not to be confused with doubt, the law does not say that a man for beyond every A reasonable imaginable, inferences evidence upon the sufficiency must limit at the trial find the beyond reasonable conceivable or doubto In passing the of the accused nor its which is founded imaginable or not the Commonwealth has met its its of this consideration case, to the including inferences the from lack material presented and reasonable cannot go beyond such nor can you go beyond such evidence jury should of evidence, proof fact charge, to of guilt. Furthermore, questionable doubt, The jury of the evidence the natural to be drawn therefrom. to create arising of the proof bear from conflicting of any particular essential and not a mere doubt in mind that fact, to the proof concerning testimony should of the guilt immaterial any doubt or from be a doubt of a of the accused and nonessential cir- cumstances. If, the after evidence, prevent then If, conviction left cnnsideration in such a state a convinced belief the Commonwealth has failed on the other consideration and honest your minds are you from reaching accused, beyond a reasonable of all hand, the evidence of the truth ;;!°;;?doubt, after of all of of doubt as to ·of the guilt to meet its of the burden. an impartial and reasonable in the case, you have an abiding of the charge, you are then satisfied ��Commonwealth v. Taylor C INSTRUCTION The Court in the first prove, only instructs degree the any reasonable beyond incited desperate to the a willful, deliberate, defendant; in must intended to do; be death. willed, he must that bodily And if do him some serious first degree. you at ought must but such also the what the probable injury to find which on the kill would him guilty and have part killing been of the he willed the deand deliberated deceased, doubt to was not must and result be a reasonable bodily the reflected kill prisoner killing of distinctly by malice, act time murder and the deceased and premeditated not that understood have constitute clearly the the he would there to premeditated injury deliberated him death, of and words that doubt, distinctly and premeditated some serious evidence of heart; other have jury killing wickedness fendant the or do him of which whether the would he had deceased probably of murder or occasion in the ��COMMONWEALTH v. J MES T YLOR, JR. • 1 INSTKUC'l'ION The Court deliberate the the and premeditated intention of time prior such intention time at instructs to kill should to the actual should jury that killing, to constitute it exist for killing; it have come into the time of such killing, a willful, is not necessary any paticular is that length only necessary existence for the first or at any time previously. that ��cm lONWEALTH v. J MESTYLOR, JR. x_ INST UCTION The Court deliberation like instructs or premeditation any other fact, or by a combination stances inference and conditions therefrom, of such deliberation inf erred. the by either of both; jury that in a case by the prisoner direct may be proved or circumstantial and if facts, are proven surrounding which warrant beyond a reasonable or premeditation, of homicide, doubt, then evidence circum- and justify of the an existence the same may be so �I �cm iONWEALTH v. JA~!ES T YLOR, JR. INSTRUCTION The Court the evidence did any act instructs in this the case or that that there ground conjunction with James Taylor, there for execution, killing was excusable although it under and the and there the accused the said to kill of carrying may have turned were deceptive, to kill then, they or Hill on him great danger mediate that designed or to inflict was imminent Hill, if as to afford believing others, that these others, about the accused area- Hill, him, or he in the said bodily harm, and such design into circumstances, out afterwards was no design from brought jury must acquit or to do him great believe with were circumstances by them of such a character sonable jury 9 that the the accused, the appearances on the part personal im- of Hill injury. ��COMMONWEALTH v. JAMES TAYLOR, JR. /t) INSTRUCTION The Court to be caused the plea instructs defense, upon the prisoner; upon the right ful of self doubt Commomvealth as well The Court can rely purpose by Hill circumstances ter as to afford bodily defense was a design into there immediate that /c of ■ :t 1,n not of the in the law- whether that before for all the the prisoner indicative attack. or not consider must be some present peril or of a present The act so done, or must have been of such a characreasonable on the part harm and that such design jury existing, the prisoner relying weight should the a~rehen thus jury the accused. to make the AM rests in the minds of the for circumstances upon such defense, in the case, there in the attending the there tells relies or not he acted the proved such defense And, in determining as that further upon self something as to whether and circuinstances is upon an accused of raising has been established, of the evidence of proving is to establish extent of such right. such defense and the prisoner nor eve;n by the greater to the a reasonable where a homicide resting defense doubt, but ... exercise that the burden the burden beyond reasonable jury jury by the use of a firearm of self evidence, the of Hill existed execution. grounds for believing to do him some serious imminent danger of carrying ��Commonwealth v. Taylor II INSTRUCTION The court danger, if consider he and could time; in is entitled as they that victim. any, the accused instructs to which jury the accused was they reasonably circumstances draw such reasonably other may not that conclusion the be tried reasonably as have words, to may or the have from drawn, situated Court instructs and appeared in passing judged existed exposed, those in the you will appeared to circumstances as he was you by facts to him, upon and not the mind that and as the the accused circumstances by any of at the the intent z]JegBd- ��Commonwealth Taylor INSTRUCTION The Court doubt as to the guilty,~ find grade you him guilty reasonable first in instructs doubt as or the degree the second whether slaughter, he is you of shall of the degree. guilty should the jury offense resolve If he find to is degree, in him guilty should second doubt as to whether you must resolve doubt in favor him. favor, if find of and you have doubt degree he be guilty the accused in the him guilty of manslaughter, a reasonable may be of murder reasonable the prisoner in his guilty you have that the a reasonable illustrate you you have of murder you have doubt grade; to whether if of which that lower second that as to or manand at if all, and acquit ��CONMONWFALTH v. J MES TYLOR, JR. INSTRUCTION The Court nesses instructs is a question the exclusively pearance of the witnesses tifying, the reasonableness their apparent or lack candor of intelligence, the parties, if any, of the trial, cumstances termine relative ingly. ,~hich witnesses weight that for the credibility the on the stand, jury. their and consistency and fairness, their the interest manner apparent of the witness the other jury are more worthy of any such testimony of testestimony, intelligence of the witnesses and from all on the trial, of wit- From the ap- of their the relationship if any appear, appearing jury --- to in the result surrounding has the right of credit and to give cirto de- and what is the credit accord- ��filOMMONWFALTH v. J MES TYLOR, JR. The Court of a felony but the fact in passing instructs shall INST UCTION / d- the a previous not render of such conviction upon the credibility jury that a witness incompetent may be considered of his testimony. conviction to testify, by the jury ��cm IONl LTH v. JAMES TAYLO ;j INSTRUCTION The Court question take of the into jury that in determining the or innocence of the accused, you may consideration the flight of the prisoner after of the crime, the other in the the guilt commission all instructs case. facts if the same is proven, and circumstances introduced alnng the with in evidence �,. �CQl.OiONWEALTH v. J., MES TAYLOR INSTH.UCTION The Court intend sary that instructs the jury that which le does or which is consequences of his act. a man is taken the immediate to or neces- �t �cm,n. ONWEA.LTH v. J MES T YLOP INSTRUCTION_!_]_ The Court deadly instructs U f gave to the decaased to have been willful, necessity rests P n that ve.--Y .r/ I j J.+ a mortal upon the accused to remove or rebut if the prisoner, taken into f' rel YO CtJt.-1-,." such presumption, degree. J with a possession, 11.-.. 1- ~,, 'J' ?rOVICR is presumed and the to shm.,i extenuating circumstances, in the first his IN, and premeditated, circum- and unless he or such circumstances -from the case made by the Commonwealth, of murder 4'r wound 'Ii such killing deliberate shmv"s such extenuating appear jury weapon which he had previously If stances the he is guilty +1 tin ' �'. �COM}fONWEALTH v. J 1ES TYLOR The Court criminal in this jurors, after case, should it is his tain is different convictions of the jurors of fairness and candor it tions, consideration can be done without agree upon a verdict. all with to the to mem- the evi- his fellow doubt as to the guilt of the guilt his of the accused, the rest are further of the own convictions or as to the of the jury as to the guilt with respect if any individual consultation to discuss a convic- with respect duly considered because is the duty if with duty not to surrender simply of a a concurrence before true a reasonable The jury careful true lilcewise and after as to the degree. give of guilt this having or innocence of guilt, upon the trial law contemplates or as to the degree as to the guilt degree that Therefore, entertain of the accused, accused, but of the crime. of the jury, dence the Not only is of the accused, the degree ber jury minds in the conclusion can be had. guilt the case by a jury of twelve tion instructs enter- or innocence instructed the evidence that or it in a spirit each other, and with open minds to to the views of their fellows, sacrifice of conscientious and, convic- �(' �ON AN INDICTMENT (HOMICIDE) This day came the accused, James Wesley Taylor, Sheriff of this writs said twenty wealth came in the custody facias and defendant from exception; counsel and the accused heretofore persons and found was handed of the appointed, summoned by the twenty Whereupon a list persons the Commonwealth and the from persons And of venire by the Court for County and by his Donald D. Litten. under attorney Sheriff were examined duly qualified containing the names of to the attorney who each alter and free for the ately struck remaining twelve, Common- therefrom I the names of four persons who were selected as aforesaid who were sworn to well make between and a true dence. court and truly rander On motion case evidence defendant, of the Court pf counsel; during the attorney serve with only to ,others; slight it will because the murderer slight"; the accused jury Common- the written the argument of the having all attorney occurred: the Commonw~~l~hn~~marked that James Wesley ~ • Wct.>ld be punished~so that his punishment "as a detriment deemed necessary the by the received argument that room of the was offered heard evi- the should go free law and the was ordered and having the opening at the bar from the Commonwealth the following for Taylor it and deliverance ~ to the the jury instructions for and t according namely the jury and the person by excluded And after and the try of the accused, in this trial. wealth to constitute the eommonwealth verdict witnesses and the punishment, whenever be committed will know that having and to declare and if he is allowed a murder is in Rockingham County his moved the a mistrial~~ to punishment will be Court to discharge ~ ◄ t♦ "-' such argument was �./ �August Mr. James w. y or, Jr. State Penitentiary Richmond, Virginia 31, 1960 #77038 Dear Sir: Your letter of Augu t 29, 1960, h s been r ceived. disregard the request made for the original petition t1oned therein. The same 1s on file in this office, will be submitted at the proper time to the Supreme Court of Appeals. Please ennd Yours very truly, Margie Bowers, ARting Clerk �€,0 seae!q • v!e~e eed ead -ne notj!jeq Isnlgl'Io erlj brt , ol'l'lo lrld .aJ: ! . -,:t 910.[ ~ • ee s't .'lJ 13.a ln·q eja~a .sln,la'I.t V , ao mo.t£ ,OoeI ,es~ '101 r13uA 1o ~ejj £ ~uoY ebam jaevpa'l erlj b'Ioge~alb .J:.t'l no a.t e e41q118 rl3 o.t e .t::t rraqO'Iq eMB a erlT erl.t ::t.0 • .ctle'Ierl;:t beno l.:t b ;:t;t.i:n•dJJa ed .Lflw • .C.e eqqA 'lo .t'Y.UOO �500 Spring street Richmond 19, Virginia August 29, 1960 Circuit court of Rockingham county Harrisonburg, Virginia v. Dear Miss Bower: your letter 2th Whereas of rt appears corpus w. K. to Mr. that was denied have not receive the mail was received that it for the 'Writ of Habeas the "original etition and it is shown here Therefore, notaries date, b ecause ing that you will copy", which a full on the record of however the Order it as you have requested. is impossible for However, I do have I am no~, typing up, and will get it to you in a you a re aware that it will not bear the original Id id not have my copy notarized. explain you can obtain did not enter was for- petition". on the 11th day of August 19600 I am sure that is the counsel the petition on the of same to meo institution a copy of the petition, again a co this me to submit the ''Original few days, that was received on August 11, 1960, and when a cxa>pyof the order sent incomin sup•t., he has submitted you contended warded to me, you also h Cunningham, Jr., the matter to the supreme court copy from the Attorney General Therefore of I am hop- ppeals. Office, And whereas he for the Respondento you also stated, that the petition was denied on the 11th of August 1960. In that case there have been another error maded. If the petition was denied on the 11th of August, "How could it be entered on record on the 9th of August 1960. In other words, you are saying that the petition was entered on record denj ed, before it was heard? And in regard to the petition solely, such petition was suppose to become a part of the Court records, at lest until the perj od of appealing has expired, .And see, "Rules of supreme court of Appeals, ta:, Rule 1:10; 2:22; I 5 (a); and I 6 (a). Therefore according thereto, if such petition was sent hack to me, such Office is acting contrary to law and the Rules of the supreme court of Appeals of Virgini~. I am also sending a letter to the u. So postmaster General, at Richmond, trying to locate such mail. T would like very much to have an answer to the questions aboue. Thanking in advance.for an early reply, and your affableness extended to this matter. I remain, �AFTER 5 OAYS 500 SPRING RICHMOND RETURN TO STREET 19, VIRGINIA V p.. Miss M. Bower, Acting Clerk Circuit court of Rockingham county Harrisonburg, Virginia Attention please ��February Mr. John W. Tay or, Jr. 500 Spring Street Richmond 19, Virginia 18, 1960 77038 Dear Sir: The ti e allowed you for appeal was within sixty (60) days from the time you were sentenced, that bing November 20, 19;i'9, which wa the date of final judgment. The fact that execution of entence was suspended for thirty (30) days does not give you ninety (90) days to appeal but only allow• ed you to stay here in jail for thirty d y. The sixty days aving your letter as notice way it is. expired last month, I can not accept of appeal. Sorry--but that is the Yours very truly, J. JRS:mb Robert witzer, Clerk �. 'IO r tn... . ·l .ado :t '!dB n.t .a .s.t.al 'Il V (>J: n . 'I, . 'It 00 . o 1..fl 'I a b (Oo} • j le alddlw aa laeqqa ,O d, ol nl d j rl1 .beonej.ae c 'I01 'I edT -y; b wor.!e s l;t ml:;;t adj mo'I,. w uo .t .to 1 tlr.r1 ~II . bLJt ! nl:"1 'io e j eb edj b ( Ot.) -y; 'Ilrl.t "te>'i f,ef>neqeJ:J .aw 009u ;x - o.r.r.s .Cao :Sud .[ eqq o;t -y;.ab (O(>) ~:t a.tn uoi "{B • • b -y;j'Ilrl3 q 02 dj ~on l d ~ I ,djno dud-•o j 'I01 I!at r b 'I!qx .Lseqq o nl: 0: ~ ilO.t.dw B rl t I e 'lo nol.tuoexe J. v.t j- o.t olv d o!doa d!'!I: Bfit �February Mr. John f. Taylor, Jr. 500 Spring Street Richmond 19, Virginia 18, 1960 77038 Dear Sir: The time allowed you for appeal was within sixty (60) from the time you were sentenced, that bing November 19j9, which w the date of final judgment. Th fact execution of entence was suspended for thirty ( 30) d does not give you ninety (90) days to appeal but only ed you to stay here in jail for thirty d y. The sixty days aving your letter as notice way 1t is. expired lat of appeal. month, I can not accept Sorry--but that is the Yours very J. JRS:mb days 20, that ays allow- Robert truly, witzer, Clerk �O l'l f.J c:! .fJ:L . 'IO' .8 J '!d' lttl: cxlV : ,b qq.e Is ld' erlT e.t ,tj j .dol o n l , .Ju 'I LJ b (0~ 'IO .U so I .ton l ~ ~.Lu'It tt b .ls jil CI t .tq o 1 d l CI "WOY d : 8fit �AnER 500 II DAYS RETURN SPRING RICHMOND TO STREET 19, VIRGINIA ___ ... .__ The Clerk of Court Circuit Court Rockin~ham CountY. Harrieonburg,Virginia ��500 Spring Street Richmond 19, Virginia February 16, 1960 The Clerk Of Court Circuit Court Rockingham County Dear r1Ir. Switzer: Or the and sentenceu sentence 20t:h dav of November, to twenty was suspen'Jed of judgment December I arr, asking judgment. error, the etc., statutory letter tion" years by this is time limit letter, that the necessary Petition of Appeal. and if it can and will final date from t:bis asc:ignments of anneal Tam asking I will send the of before that "formal this peti- has been completed. you, I remain, yours, . rnaylor, adTiee Court of the an apneal anneal, notjce Accordingly, Respectfully Would you pleaee rrakinf! the for J file Thanking P.s. ~xecution I be allowed that ex~ires. as Notice as soon as it of 30 days, in this 1959. fjnished and it J was convicted in the penitentiary. a period 20th, I have not be accepted just for 1959, me if be ~.ccepted this letter as such. ,Tr. , 77038 ie sufficient notice of a eal �VIRGINIA .GENERAL STATE INFORMATION PENITENTIARY FOR FAMILIES . OF PRISONERS MAIL Inmates are allowed to write only one letter each week, postage being paid by the State. They may write to members of their families or friends whom they knew before coming to prison. They cannot correspond with prisoners in other institutions, or relatives of other pris_QJJersat the Virginia State Penitentiary, or persons they have never met, except lawyers and religious advisors. They are not allowed to have stamps, which should not be sent to the institution. Permission is granted for special letters for busmess or urgent reasons. Letters are written for inmates who cannot write. All communications to inmates should be addressed to 500 Spring Street, Richmond, Virginia WITH THE L TMATE'S NUMBER 01. THE LOWER LEFT CORNER OF THE ENVELOPE. Name and address of sender should also be on the envelope. The institution cannot be responsible for cash sent to prisoners through the mail. Money should be sent in by Post Office Money Order, Registered Letter, Express Money Order or Certified Personal Check. All money sent to an inmate iti credited to his account and he may order whatever he desires from the prison commissary at regular intervals, not to exceed the value of $20.00 per month. All out going and incoming mail is censored. PACKAGES Inmates may receive snapshots and photographs without frames, candy, home cooked food. Wearing apparel is also permitted, such as sweaters (must be solid color brown, not two-toned), socks, shoes, underwear, handkerchiefs, and paj.imas. No other clothing is allowed. No canned goods, toothpaste or shaving cream, talcum powder, or any articles consisting of powders or in tubes, are permitted; no medicine, drugs, or liquids; .no dried fruits and no fresh ones except apples; and no packages of any •hat cannot be readily censored. No tobacco in any form. kind Quantities of items permitted should be hel down to a reasona Jie amount. ~ I Watches, musical instruments, and portable typewriters are allowed by special permission, but must be registered on arrival and may not be transferred from one inmate to another. VISITS Members of the inmate's immediate family may visit him twice monthly. Visits must be two weeks apart and between the hours of 9 :00 a.m. and 11 :30 a.m. and from 12 :30 p.m. to 4 :00 p.m., Sundays and Holidays only. Inmates may be seen for business reasons any date provided advance permission has been obtained from the authorities. No inmate may receive a visit from anyone until he has spent 30 days in the institution. NOTE: On and after March 14, 1959, visits will also be permitted on Saturdays. Same hours as Sundays and Holidays will apply. �August 24, 1960 Mr. W. K. Cunningham, Jr. Superintendent State Penitentiary Richmond, Virginia Re: Jame W. Taylor, Jr. v• . K. Cunningham, Jr., 77038 Sup't Dear Sir: The petition for a writ of habeas corpus received some time ago from the above na ed Penitentiary prison r w s denied on August 11, 1960, and 'When a copy of the court order was forwarded to the prisoner for his information, the original petition was inadvertently returned to him. The prisoner has now filed objections to the order with notice of his intention to appeal, with request that the record in the matter be prepared. Of course, no record beyond the order itself can be made, unless the original petition is returned to this office where it should be permanently on file. Will you please procure from the prisoner such petition same to this office at your arliest convenience? and forward If the original is not available, possibly the prisoner could provide a true copy. We are not interested in the other document which accompanied the petition, representing the prisoner's brief or memorandum of argument on the subject which was also returned with the petition itself. Thanking you for your attention to this, I am Your a v er:, truly, Margie mb Bowers, Acting Clerk �0 l 'I t IJ alruusO . s .r I n.! o �Au ust ~3, 196 .r. eno . l rp Ill A slr~en~ lttJrney GenerEl Rl~h ond, V r inia Re: Ja1es v. W. W. Taylor , Jr., unningha Sup't, etc. You letter ddres sed to t e cnor" b e Ge r e W. Ke.'lper, C er';: f th s Ccurt, was rece .ved. dr .. (_e per hrs n t yet qua ified but will probably o so Septe1ber first. i fuwever, I e 1 n losing hererith a r py of the order :.!.ssing the n.tt for h,.beas corpus. dis- Afte • t~.i nrde 17bS enti::>red, e pe~.:. tion an' c py cf th 0rde ....Ts returnee to tne prisoner, Je .es W. Taylor, < t t.~, Stcte Penitenticry, ·t t1~e ~uggection of Juq::,e Heas. D· you h ve ~opy f tne P ~1 ion and are you ·ble to .fu.:!:l.ish t.i.i office witn sa e'? I shrll rppreciete your reply in 8 ·rd t s h copy. Yo rs ve y truly, 1:.b Enc. 1. ��O. GARDINER FRANCIS A. S. HARRISON, RENO JR. ATTORNEY MOSES KENNETH C. FRANK PATTY FtRST D. MCILWAINE, S. HARP, MANDLEY GENERAL HAROLD ASSISTANT OFFICE OF THE ATTORNEY WILLIAM RAY JOHNSTON PARKER EM MEASON, V. KELLY P. BEAN BAGWELL.JR. ASSISTANTS RICHMOND August 22, 1960 Honorable George W. Kemper, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Re: James W. Taylor v. W. K. Cunningham, Jr., Superintendent, Dear Mr. Kemper: This office is advised that the aboveentitled matter was dismissed by the Judge of the Circuit Court of Rockingham County on August 9, 1960. It would be appreciated if you would furnish me with a copy of that order. ely I RSH/h no . H , III ssistant Attorney General ill Ill HARRIS V J. COLEMAN GENERAL TYLER C. LEE ROBERT etc JR. �+ �COMMONWFJ LTH Vo J MES TYLOR, JR. ClL R.GE TO JURY If you find indictment, thought the accused and that was willful, find him guilty of murder punishment at death, life, or for ment, but and that that you Nill his it him guilty him guilty nor of murder heat, find him guilty provocation, of voluntary at confinement years with malice his for in the indictaforethought, and premeditated, in the second then degree, and fix for not less in the first degree, but actual that he killed or implied, or in mutual manslaughter in the penitentiary nor more than five as charged of murder degree, aforethought, on reasonable and fix you years. him not guilty malice afore- yearso in the penitentiary twenty in the second degree twenty deliberate in the and premeditated, in the penitentiary of murder, of murder nor more than without than at confinement If you find Hill or by confinement was not willful, find as charged with malice in the first the same was committed punishment than five deliberate any term not less If you find of murder, the murder was committed it will and that guilty for upon sudden combat, and fix not less Calvin his than you will punishment one year o him not cruilty nor of murder but find i the ughter, him gu say so in the and less than by a fine one more th years, for or, n not n by .___ jail not exceeding If you find o e y r, or by both him not guilty, such fine and impAisonment. you 1-lill say so and no more. ��11/20/59. Commonwealth v. On an indict]Jtent James W. Taylor, the accused, sheriff of this county Jr., and by his and the jury of the court, and proceeded the accused, by counsel, serve should only slight be committed evidence of the court will thereupon Jr., dictment, guilty and fix to set aside (1) Because support said verdict it. (2) Because to ask certain cause We, the jury, at twenty Thereupon, find the accused, of the jury is contrary the Court on the voir completed the following the defend2.nt, as charged dire James W. in the in- in the penitentiary. by counsel, on the following moved the grounds: to the l&w and is without erred the a verdict, and returned years it will know that to consider court with to which action and having jury retired into will would in refusing examination evidence to to allow the defendant of the jury. (3) Be- the Court erred monwealth. in his questions to go free overruled, excepted; the his punishment the verdict punishment and not based upon any of murder in the second degree Thomas Leap, foreman." court his the murderer the court by counsel "November 20th 1959. Taylor, so that was inflammatory some time they came again verdict: the of counsel, a murder is deemed necessary which motion the accused, received with the argument and if he is allowed whenever be slight" of counsel, and zfter And having severely to others, in the case, argument and sworn for the trial in Rockingham County because his punishment appointed, to declare a mistrial bein his open:Lng argument for the connnonweal th/that "James attorney punishment, of the moved the court be punished as a detriment the commonwealth, heretofore impanelled instructions :the Temark_:~xthe for counsel to adjournment. Wesley Taylor (murder) came in the custody came pursuant cause case the attorney James W. Taylor, Donald D. Litten; of this felony Jr. This day came again ua charging in granting certain instructions tendered by the Comthe (4) Because xx:bi remarks of the attorney for the Commonwealth opening argument were inflammatory and constituted grounds for ��mistrial, and the Court motion, in refusing to grant the motion On such other grounds to declare a mistrial. (5) be assigned in writing. And the Court of accused may later erred to which action excepted. It of the court then being inquired the accused, should on him and nothing or alleged it is therefore recover considered of the this prosecution, this state offered said James W. Taylor, and that for accordance with jail he can be delivered until tiary, tiary house of this awaiting trial. sentence of On motion is hereby in order to allow Appeals of Virginia court, the costs for at hard labor of in therein jail to be held Peniten- and penitenand kept by law for of s_aid Taylor to is im- the term to be sub- time he nas been he4-d in jail suspended if he be so advised. to of the State of the accused, a writ incident to an officer days, him opportunity thereof, in the penitentiary in the manner directed 4l sentence And he is remanded The term of imprisonment to a credit he jury. comr.1onwealth, and treated aforesaid. this Jr., (20) years of the anything the commonwealth to be removed and convey~d to the public prisoned ject the verdict in delay that he be confined the term of twenty if not pronounce by the court said by counsel, of the accused had or knew to say why the court being overruled as for a period to apply of error by counsel, of thirty to the execution '(30) days Supreme Court to the judgment of this of of ��.0 0 T 6 .5 L: 6,--, /;....,0 ...., (.J .__ L 6 .t, 8 6 .'.i2 6 SG 7 .l 0 6 /,8 6 .'' 0 5 .7 0 6 .:: 8 -; .l 0 81.~8 T 6 .5 lJ. 7 .: 0 6 .'; 0 D .2 2 5 .s2 6 .: 2 6 .~ S 5 .S 8 2C 5 .71 0 u 2 -1 ,.,., 'i - .~ ..,J ,";'.C0T ...,, ./.,. ! ��.Ju]y Mr. ,I. Robert Sw:itzer, Circuit 25, 196o CJerk Court of Rockingham County Harrisonburg, Virginia In receipt 25th. of the record lihich I requested And therewith same is one (1) I was infromed the cost for dollar. Enclosed herewith amount of one ($1.00) wi tnessess that July you will find a check for the for the record in regard to the summoned • much for me on such earl our affableness extended date I remain ours / JWT we James w. Taylor, #77038 �VIRGINIA GENERAL STATE INFORMATION PENITENTIARY FOR FAMILIES OF PRISONERS MAIL Inmates are allowed to write only one letter each week, postage being paid by the State. They may write to members of their families or friends whom they knew before coming to prison-. They cannot correspond with prisoners in other institutions, or relatives of other prisoners at the Virginia State Penitentiary, or persons they have never met, except lawyers ahd religious advisors. They are not allowed to have stamps, which should not be sent to the institution. Permission is granted for special letters for business or urgent reasons. Letters are written for inmates who cannot write. All communications to inmates should be addressed to 500 Spring Street, Richmond, Virginia WITH THE INMATE'S NUMBER ON THE LOWER LEFT CORNER OF THE ENVELOPE. Name and address of sender should also be on the envelope. The institution cannot be responsible for cash sent to prisoners through the mail. Money should be sent in by Post Office Money Order, Registered Letter, Express Money Order or Certified Personal Check. All money sent to an inmate is credited to his account and he may order whatever he desires from the prison commissary at regular intervals, not to exceed the value of $20.00 per month. All out going and incoming mail is censored. PACKAGES Inmates may receive snapshots and photographs without frames, candy, home cooked food. Wearing apparel is also permitted, such as sweaters ( must be solid color brown, pot two-toned), socks, shoes, underwear, handkerchiefs, and pajamas. No other clothing is allowed. No canned goods, toothpaste or shaving cream, talcum powder, or any articles consisting of powders or in tubes, are permitted; no medicine, drugs, or liquids; no dried fruits and no fresh ones except apples; and no packages of any kind that cannot be readily censored. No tobacco in any form. Quantities of items permitted should be held down to a reasonable amount. Watches, musical instruments, and portable typewriters are allowed by special permission, but must be registered on arrival and may not be transferred from one inmate to another. VISITS Members of the inmate's immediate family may visit him twice monthly. Visits must be two weeks apart and between the hours of 9 :00 a.~. and 11 :30 a.m. and from ~2 :30 p.m. to 4 p.m., Sundays and Holidays only. Inmates may be seen for busmess reasons any date provided advance perm1ss10n has been obtained from the authorities. No inmate may receive a visit from anyone until he has spent 30 days in the institution. :09 NOTE: On and after March 14, 1959, visits will also be permitted on Saturdays. Same hours as Sundays and Holidays will apply. �DIVISION OF CORRECTIONS THE PENITENTIARY 500 SPRING STREET RICHMOND 19, VIRGINIA DEPARTMENT OF WELFARE AND INSTITUTIONS August 25, 1960 Mrs. Margie Bowers, Deputy Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Dear Madam: In response to your letter of August 24th I have contacted James w. Taylor, Jr., our #77038, in regard to the petition to which you refer. Taylor says that no copy of the petition was returned to him, and we have given him a special letter to write you concerning the matter. Very truly yours, /)JJ W. K. Cunningham, Superintendent 'WKCjr/vh ��AFTERS DAYS RETURN TO 500 SPRING STREET RICHMOND 19. VIRGINIA Mrs. Margie Bowers, Deputy Clerk Circuit Court of Rockingham County Harrisonburg, Virginia �r, �I �~ ~~~Z~--~ ~ ~------~_ In my ba, , -·- ~/ .tP ~.....~ ...~..... fo~ ~~. o5?, /'f' ..... __... L....... • not ~~~---·- -"" S.R.C _ DEPUTYSHERIFF -·~~~··-~L?_~,~ ··---.!::f.::_£.:.c ........... ~....................... - �- ~=========================================== In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon F.:r.~.E3fi J:Iq:l.:l.y (:E::f.:f'_.1,ri,g~;r. ...S.:t~.u.Shi.J:..,~li~~~f3.9"1:l. Fs ....······- ---···........J!J.i....F.131-1.n.1-.~ ...$ 9.9J.t;; ...;B.q9. :t.:i.El ...:M..~.cl4~.l'l: ...( ~f f:i ~g ElJ'...S.t;.~J.;.................. . kn /'..5 - .E.a,aj. :ty ..l."19. .s.l?Y ...~.Q~.~9.P:, ....G..~.9:v.~r. ...G.lµ":r.Y ...<.B..r..1.d.ge.l:l~t;.~.r..l _;_ ...~J:?,.~.~,. I /) .f t2/ f J..-~""6- J:rr~~.t;t; ... f.s· !-,~E:! .. JI.~P:J:'Y ... .4.,P1'-~,;.._,t. L ~.ti.~.~:r.~ to appear before the Judge ·;, the Defendant . . ... . . .. . . . . .. . . . . .. in the prosecution . . . . . . . . . . ... . . . . . . . . •· ............ .( .Jc.E3.l.J S. Y ... :t..~.). ; .... :B.9 l:> l:>y ... 4.~.~ .. J:l)~r.P.El.rJ 4 .. :e.aw.~4~-.~ ......................... . '71f ' ...................................................... .. u'~ of the Ci1 :uit Cou;t ,if Rockin~ham o'clock, a. m., on the~9.~l'.l:<lay of .. . .. ..J~lso 05 Cou11ty, at 1he Court House thereof, 1'1: ...()Y..6.IllP.~.:r..... .... .. . , 1959.., to testify and the tmth of the Commonwealth ~ ~~ ~ ... W ...... 'I'FJ,Yi e>.r.., against .. at 9:30 to say in behalf of ........................................................................................ . .J'.:r .•., ...•·.................................................. •·...................................... . who stands charged with and indicted for a felony ~. In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., at the Court House thereof, this, the :l,Q:t;.l;I, day of.. ......N.ove.:mbe.r., .., ............ , 19.5.9, and in the 184th ....year of the Commonwealth. ��DESCRIPTION OF PRISONER Last known address Color_~---i,-'-1/ __ Marks __ Age _ Height1-______,_,::::...=:..____J/_ Eyes_;....=~=-- Hair_.:....;/-:.:...._;: __ 1,,,---=--H=~=c....:_----'-~~~-----'-===.:....:::::...--:!:~~-------------- ____,_]J,,__.,.7'--/ Date of Trial Result 1 -~/~t)----'-~--'&'--'-=Ct...,_.,.,_:1.....,~r-=14c..L=dc....,....""--L.AX-=-..,_ ___.,__--,:..--------------- l 1..--/ 1- 1'-1) ------------------------------------ - ~7 _ ��Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: to appear bef~e The Coun~ ----+/_5_day of Court of said County, /..1 c: , 19~, sitting at Harrisonburg, at the hour of Virginia, L (//A__ .111 said County, on of that day to give evidence m behalf of (' ______l --t/:_ m the pending case of -'Q..."""'~==''---~~-c==-----,----------------- LJl v ~a (£ven "T;;,L under my ha:~cr=..,_s___ & i'__ _,__/_o ___ day of Clerk ~~ 6-56-SM-Garrison �The County Court ____ _j_Jocket No. ,J () J-6 / C~,~ zH ( V. ( Witness Subpoena ( • I c}=,Q tJ, !7tL J-./ 1 �Comp. Form 18 lf STATE OF VIRGINIA ~ OF Harrisonburg -Cit,y - - No _____ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: J_._F_._Ri._' t_c_h_i_e ___________________ Whereas, ___________ _ John G. Leake has this day made complaint and information on oath before me, -----,--,------------------- Justice of 'Bhe Peace (Name) City of the said Gcmciiy,tha'-----------------c--c-- (Title) James W. Taylor, Jr. _______________________________________ 4th did on the.____ kill ~day 59 October of_______________ and murder Calvin Hill, aga:inst City in the said ®xl:mcy , 19__ and feloniously, : Unlawfully _________ the peace and dignity of the _ Commonwealth of Virgi.nia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham County Court of ~ County, the body (1:Jrlldia) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color Address ----------------LJ color Address _________ color Address --------------- □ color Address __________ color Address--------------- □ _ _ --□ ---□ as witnesses. 4 Given under my hand and seal, this,_____th day (Seal) �STATE OF VIRGINIA-COUNTY OF -----------------------~ a I •• ------------------- to-wit: Judge of the County Court Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that and --------------------------, to the Commonwealth ($ ________ as his suret _____ of Virginia themselves indebted Dollars in the sum of ------------------·------------------- to be made and levied of their respective goods and chattels, ), , have this day each acknowledged be rendered, yet upon this condition: That the said _________ lands, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court .__________ County County, on the _________ of day of _____________ 19___ ~ , at _______ M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain _in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said -,--------------------shall keep the peace and be of good behavior for a period of -----------~YS from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this day of ,19 ___ ~., ~ ~ (i 0 ~ "' E. ~ \t '' ' , ~ .. ~- ~ ~ ., (") U) 0 E. ::s :l: a a0 ~ (i 0 ~ "' '41 8. ~ { n ::r ~ ~ ::s s· ::s a a0 i:: "' E. ;. llQ ::s 5· > ... 0 .., ::s ~ s "' "' ,. "' § ... ::s "' "' "' ~ "' ::s ~ '71 -r, Ill .., t l ~~ ;:..., ;,;- "' "' r;:.Ill llQ ;,,c .., .., "' ~ -"' .... ::r, ::, 0. 0 ~ t-3 ~ ~ 9 ~ '71 0 > ~ ~ ., > t" z Li;! Ill ~ m Ul >-3 ::c ... '° l:'J 0 "1 c.... 'i • I~ 8. ~ ~ .... ~ ~ i:: 0. .., .., C. Ill .., "' '< ;'!. "O Ill Ill 8. "' ::s ::s E. 0. to '< Ill .., 8. 0. 0 < :;· < :;· Oq Oq 5' 0 I» 5· 'O 'O ,. .. _;· F' ~ I» !! ... ,. ,.0-. :i,. ::r ,. O' ffl ., [ 0 ~ 0 ti.I ~ ti.I go. i:: .. 0 g p ::s ~ ;. "' ;:;.· }-..:. ~ t.,. d ' t--> t (.,, ~ r 5· OQ ~"' -..- ,...,.,... 0 i:: - ~ s,. "' ,. "' () i F Ill 0 I I~ 0. "' "' '< z '< ::s (') ,. ~en z., ~ 0 0. Ill ~ 0 \ ~ "' Ill llQ 0 ~ ~ 2: ::s • ., ::1"' >c....> ;. "' "' >4 Ill t:, 0 ~ :i. ~ • .;;· "' ;. n, • ~ ~ 0. "' ::r 0. ... .tl f ~- !" "' ;. ~ ::s ~ < s. n 'O (') 0 !! ~ ffl a "' Ille a5· !+ Ci\> m X n "' ;. t s1~ "'. Judge. J.P. ~-- ~ 0 () 0 i:: ::s ~ n 0 OQ ::s ;;;· ,. 0. �7-la (Rev. REPORT 12-31-56) -1C_ - of the LABORATORY--"- FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D. C. Charles E. Eal'filan, Jr. Coromonwealth 1 s Attorney Rockingham County Harrisonburg, Virginia October Mr. To: 15, 1959 This examination has been made with the understanding that the evidence ls connected with an official lnvesllgation of a criminal matter and that t~e Laboratory report will be used for official purposes only, related to the investigation or a subsequent criminal prosecution. Authorization cannot be granted for the use of the Laboratory report in connection with a civil proceeding. Re: JAMES rl. TAYLOR,JR., SUSPECT; CALVIUHILL., VICTIM; -IURDER FBI FILE LAB. Examination requested by: Reference: Examination requested: NO. PC-58711 IJ NO. Addressee Letter 10/6/59; personally delivered Mr. Gifford Joseph on 10/8/59 Firearms by Specimens: Three Three white White - Q3 Q).:.- Q6 Ql 7 ~ bullets cartridge shirt T shirt cases 6.35 mm (caliber .25 Auto) Beretta No. 62295A Kl automatic pistol, Serial Results of examination: been fired The bullets, from Kl. as having The three cartridge been fired in Kl. Ql through Q.3, were identified cases, QJ+through as having 6, were all identified Microscopic examination and chemical processing of the areas surrounding the two holes in Q7 and the three holes in Q8 revealed a pattern of gunpowder residues about the hole in the central chest area of Q7 and on the exposed area of the T shirt, Q8, closest to this hole in 7. This pattern of gunpowder residues is consistent Page 1 Continued on next page �,J l �with that produced at a muzzle-to-target approximately twelve inches. about distance No gunpowder residues were located the remaining holes in Q7 or Q8. separate Ritchie, or or developed The evidence, listed above, is being returned under cover by registered mail to Chief of Police Julius F. Harrisonburg, Virginia. Page 2 PC-58711 IJ �...: ~ " v -' - .' J• . .. . r u ie'l t u V ( w " .., ._, "l ... ..... �VIRGINIA STATE DETACH PENITENTIARY ITEM NUMBER 77038 DESCRIPTION BEFORE OF CASHING PAYMENT J. U. Taylor ITEMIZATION OF CHECK N<.> AMOUNT PER ITEM 49138 TOTAL 1.00 THIS CHECK MUST BE CASHED AT ONCE ��RICHMOND f9, VIRGINIA soc: OFFICIAL BUSINESS P-17 IN Hiss Margie Bowers Circuit Court, of Bocld.ngbam Count7 Harrisonburg., Virginia. �VIRGINIA GENERAL STATE INFORMATION PENITENTIARY FOR FAMILIES OF PRISONERS MAIL Inmates are allowed to write only one letter each week, postage being paid by the State. They may write to members of their families cir friends whom tbey knew before coming to pri,son. They cannot correspond with prisoners in other institutions, or relatives ot other prisoners at the Virginia State Penitentiary, or persons they have never met, except lawyers and religious advisors. They are .not. allowed to have stamps, which should not be sent to the institution. Permission is granted for special fetters for business or urgent reasons. Letters are written for inmates who cannot write. All communications to inmates should be addressed to 500 Spring Street, Richmond, Virginia WITH THE INMATE'S NUMBER ON THE LOWER LEFT CORNER OF THE ENVELOPE. Name and address of sender should also be on tl}e envelope. The iastitution cannot be responsible for cash sent to prisoners through the mail. Money should be· sent in by Post Office Money Order, Registered Letter, Express Money Order or Certifie& Personal Check. All money sent to an inmate is credited to his account and he may order whatever he desires from the prison comfl'!issary at regular intervals, not to exceed "the value of $20.00 ·per month. All out going and incoming mail is censored. PACKAGES ~ C . ' . Inmates may receive snapshots and photographs without frames, candy, home cooked food. Wearing apparel is also permitted, -such as sweaters ( must be solid color brown, not two-toned), socks, . shoes, underwear, handkerchiefs, and pajamas. No other clothing is allowed. No canned goods, toothpaste or shaving cream, talcum powder, or any articles consisting of powders or in tubes, are permitted; no medicine, drugs, or liquids; .no dried fruits and no fresh ones except apples; and no packages of any kind that cannot be readily censored. No tobacco in any form. Quantities of items permitted should be held down to a reasonable amount. Watches, musical instrumeots, and portable type'?,'titers are alJowed J:>yspecial permission, but must be rt:gistered on arrival and may not be transferred from one inmate tb another. • • • • VISITS Members of the inm, t's immediate family may visit him twice monthly. Visits must he two weeks apart and between the hours of 9 :0C m. and 11 :30 a.m. and from 12 :30 p.m. to 4 :00 p.m., Sundays and Holidays only. Inmates may be seen for 1ness reasons any date provided advance permission has been obtained from the authorities. No inmate 11:ay receive a visit from anyone until he has spent 30 days in the institution. NOTE: On and after March 14, 1959, visits will also be permitted on Saturdays. Same hours as Sundays and Holidays will apply. �500 spring street Richmond 19, Virginia Au ust 2 1 0 JTnited state postmaster post Office General Richmond, Virginia near Sir· The acting clerk, Miss Margie Bowers, of Rockingham county, an norder" from the aforesaid a npetition in full". of August 1960. rt so that grant court to Mr. and I would like the full this matter is awaiting w. K• Cunningham, Jr., thereof) of the incoming mail does enter". will you please check respective. your earlies have in my possession post marked the 11th very much for you to come over, detail, my reply that to me along with or any parts or docketment of Rockingham county, of Virginia, I also the "Order" the record court has contended was forward is of the most important, I may render Circuit that such "petition matter; please court (But not the petition, This petition this Virginia, I received is said here not show that into Harrisonburg, for the Circuit attandance, whereas and the supreme court to matters a letter supt., the of Appeals of importance. from the said informing Clerk, that such petition attandance, and affable- was sent. Thanking extended you in advance to me in this matter. for earliest I remain, Respectfully yours, James q. Taylor, -#.7703S �POD Form 1510 Original-Part I ADDRESSEE: Please state in the delivered to you and SELF-ADDRESSED response will help to POST OFFICE DEPARTMENT Post Office at -----------------------------------------------Date -------------------------------------------spaces below whether the article described on Part II has been then return both parts of this form in the enclosed OFFICIAL ENVELOPE WHICH REQUIRES NO POSTAGE. Your improve the postal service. POSTMASTER. ( ) REFUSED. REPLY OF ADDRESSEE (Check one): My records show that the article was: ( ) NOT RECEIVED. ( ) RECEIVED. If any contents missing, list them: -----------------------------------------------------------------Value of missing articles, $-------------------- --------------------------------------(Date of reply) (Signature of addressee or agent) 16-23385-12 POD Form 1510-Original-Part II Date--------------------------------------------INQUIRY FOR THE LOSS OR RIFLING OF MAIL MATTER Registered No. ___________________ _ ( ) Special Delivery Certified No. ______________________ _ ( ) Special Handling ( ) Letter ( ) Parcel Insured No. --------------------------------- ( (Insert "Unnumbered" if l0t fee) ) Air Mail ( ) Ordinary C. 0. D. No. ------------------ Charges, $--------------Envelope: ( ) Long. ( ) Short. ( ) Business reply (Postage to be paid by addressee.) Complaint ______________ Date mailed --------------------------------------------------------------(Loss or rifling) (Mo.) Mailed at (Date) (Yr.) (Hr.) (Day of week) (Oity and State) ----- Where deposited ---------------------------------------------------------------------------------------(Main office, station, branch, or location of collection box) Contents ( describe fully) and value ---------------------------------------------------------------- Sender: Addressee: (Name) (Name) (St. or P. 0. Box or Rural Route No.) (St. or P. 0. Box or Rural Route No.) (Oity) (Zone) (State) (Oity) (Zone) (State) 16-23385-12 -------~----------------------------------------------------POD Form 1510-Original-Part III POSTMASTER, OFFICE OF ADDRESS: Date --------------------------------Please show disposition of the above-described article. -----------------------------------------------------·-----(Postmaster at mailing office) REPLY: Date ---------------------------------, 19______Has addressee received article? --------------· (Yes or No) (If delivered, show date; if no record, so state-------------------------------------------------; If delivered to firm, state accepting employee's name _________________________________________ ; If If If If not intact, what was missing?--------------------------------------------------------------------; C. 0. D., give money order No. ----------------------------• date--------------------• 19______ ) undelivered and on hand, state reason--------------------------------------------------------reeeived but not delivered and not on hand, state disposition---------------------------- 1~-;3385-13 151O POD FORM APR, 1959 (Postmaster at address office) - �SENDER: ( ) Investigation has disclosed that the article described on the other side, part II, was received by the addressee. ( ) Investigation of your inquiry concerning the { ~!;~ecl} mailed by you on ------------------------------------------, 19______ , addressed to ------------------------------------- --------------------------------------------------------------------------------did not locate the article. ·The matter has been referred to a postal inspector for consideration, and you will be advised, without making further inquiry, in the event the article is later located or responsibility for the loss is established. If the loss or rifling of registered, insured, or C. 0. D. mail is involved and indemnity is claimed, please present this notice with the mailing receipt and evidence of value (such as receipted bills, etc.) at the post office or nearest postal station. POSTMASTER. GPO 16-23385-13 (Please see reverse side) FORUSEOF POSTAL SERVICE ONLYIN CASESOF LOSTORRIFLED UN• REGISTERED LETTERS ANDALLLOSTORRIFLED REGISTERED ANDCERTIFIED MAIL The article described on the reverse of this form, if mailed at the time and place stated by the sender, was dispatched at .----------------------- on _____________ _ (Hour) (Date) to --------------------------------------------------------------------------------------------------------- in (Name and No. of R. P. 0. or 0. P. train, or H.P. O.; name of star route; air mail flight No., etc.) package of letters bearing facing slip reading --------------------------------------------------(Name of offioo, R. P. 0., etc.) and in pouch labeled to -------------------------------------------------------------------------------(Name of office, R. P. 0., etc.) or, IF REGIS TERED, in ------------------------------------------------------------------------------ (Jacket or rotary locked pouch, AND No.; iron locked pouch, hand piece, etc.) receipted for by -----------------------------------------------------------------------------------------(Name and title of person who receipted !or dispatch) (The following spaces must be filled in at city delivery offices only.) The letter was due to be collected by -------------------------------------------------------------(Name of employee) and deposited at --------------------------------- on -------•------------------------- at _____________ _ (Name of office or station) (Date) (Hour) U dispatched from a station to main office, show time ---------------------------------------- If for local delivery, show name of delivering employee------------------------------------81'0 16-23385-11 (Initials of clerk) SENDER: ( ) Investigation has disclosed that the article described on the other side, part II, was received by the addressee. { letter } ( ) Investigation of your inquiry concerning the parcel mailed by you on ---------------------------------------, 19______ , addressed to -----------------------------------------did not -locate the article. The matter has -be-en-refe-rreii"-t~--;;-postal inspec~:r for consideration, and you will be advised, without making further inquiry, in the event the article is later located or responsibility for the loss is established. ( See note below.) If the loss or rifling of an unnumbered insured parcel is involved and indemnity is claimed, please present this notice with the mailing rceeipt and evidence of value (such as receipted bills, etc.) at the post office or nearest postal station. POSTMASTER. NoTE.-lnsure parcels, indemnity up to $200. Register valuable and important mail, indemnity up to $10,000. Purchase postal money orders as a safe, cheap, and convenient method of mailing remittances. All reports by the public of loss, rifling, delay, or damage of mail are of the greatest value to the Post Office Department in locating and correcting faults in the postal service. 16-23385-13 �POD Form 1510-Duplicate INSTRUCTIONS 1. This form must be used only for reports of LOSS OR RIFLING. 2. Part II must be submitted to your Inspector in Charge in DUPLICATE if delivery cannot be established. 3. Dispatch particulars certified mail. must be shown for ALL LETTERS and all registeretl and 4. Be sure to make CLEAR COPIES-Use :possible. good carbon. Use typewriter whenever (SEE PART 314, POSTAL MANUAL) 16-23385-11 GPO POD Form 1510-Duplicate Date ---······--···-------··-----··········-·-··INQUIRY FOR THE LOSS OR RIFLING OF MAIL MATTER ( ( Registered No ............................. . ( ) Special Delivery Certified No.········-~~~ .......... . ( ,) Special Handling Insured No. -·························--·-· ( ) Air Mail ) Letter ) Parcel (Insert "Unnumbered" if 10¢ fee) ( ) Ordinary Envelope: ( ) Long. C. 0. D. No. ·············----Charges, $----··--------( ) Short. ( ) Business reply (Postage to be paid Complaint ............... Date mailed .............................................................. (Loss or rifling) (Mo.) (Date) (Yr.) (Hr.) by addressee.) (Day of week) Mailed at .................................................................................................. . . (City and State) Where deposited -······················································································ (Main office, station, branch, or location of collection box) Contents (describe fully) and value·····························-·······, ...................... -------------------------------Fold here) Sender: • , .. Addressee: • (N~e) • " • (St. or P. O. Box or Rural Route No.) •(City) (Zone) (State) •• " • (Name) ··-- (St. or P. O. Box or Rural Route No.) (City) (Zone) (State) • •••• 16--1!3385· 12 POD Form 1510 mailed to addressee or postmaster at office of address................................... Date ....................... . Referred to city or mailing section for trace.................. Date ....................... . Complainant advised of no loss or rifling_..................... Date ....................... . Form 1518 sent to complainant.................................... Date ....................... . GPO 16-28386-·ll (If delivered, show date; if no record, so state ................................................. If delivered to firm, state accepting employee's name .......................................... If not intact, what was missing? .................................................................... If C. O. D., give money order No ............................. , date .................... , 19...... If undelivered and on hand, state reason ........................................................ If reeeived but not delivered and not on hand, state disposition ........................... ---------------------------------------------------------------------------------------------------------------1;::.:_;;;85·13 151Q PODFORM APR, 1959 (Postmaster at address office) • •••• • ; ; ; ) . . �SENDER: ) Investigation has disclosed that the article described on the other side, part II, was received by the addressee. ( ) Investigation of your inquiry concerning the { i~~~~} mailed by you on ---------------------, 19______ , addressed to ------------------------------- ---------------------------------------·----------------·--------- FORUSEOF POSTAL SERVICE ONLYIN CASESOF LOSTORRIFLEDUN• REGISTERED LETTERS ANDALLLOSTORRIFLED REGISTERED ANDCERTIFIED MAIL The article described on the reverse of this form, if mailed at the time and place stated by the sender, was dispatched at ________________________ on _______________________ _ (Hour) (Date) to --------------------------------------------------------------------------------------------------------- in (N8Ille and No. of R. P. 0. or 0. P. train, or H.P. O.; name of star route; air mail flight No., etc.) package of letters bearing facing slip reading --------------------------------------------------(Name or office, R. P. O., etc.) and in pouch labeled to -------------------------------------------------------------------------------(Name of office, R. P. 0., etc.) or, IF REGIS TERED, in ------------------------------------------------------------------------------ (Jacket or rotary locked pouch, .AND No.; iron locked pouch, hand piece, etc.) receipted for by -----------------------------------------------------------------------------------------(Name and title of person who receipted for dispatch) (The following spaces must be filled in at city delivery offices only.) The letter was due to be collected by -------------------------------------------------------------(Name of employee) and deposited at --------------------------------- on --------------------------------- at _____________ _ (Name or office or station) (Date) (Hour) If dispatched from a station to main office, show time --------------------------------------- If for local delivery, show name of delivering employee -------------------------------------GPO 16--23385-11 ------------------------------------------------------------ (Initials or clerk) �TRACER-MISSING MAIL MATTER DATE r RETURNTO POSTOFFICE NAME Miss Margie Bowers SUBJECT ITEM ( i/) YES NO INITIAL Of SEARCHER HAS THIS PIECEBEEN RECEIVED? ANY TRACE IN GENERAL DELIVERY IN NEWSPAPERDELIVERY AT UNPAID DESK LOOSE IN THE MAILS RECORDADVERTISED IN HOTEL LETTERS IN PACKAGE RECORD IN SPECIALDELIVERY SENT TO DEAD LETTEROFFICE IN CARRIERS'CALL BOX NO RECORD MISDIRECTED INSUFFICIENTADDRESS UNADDRESSED HELD FOR POSTAGE OVERWEIGHT REFUSED RETURNEDTO SENDER UNMAILABLE REMARKS Kindly complete the attached form 1510 part two in duplicate on the mailing of this letter to the addresseeo Mail this form to your local post office for tracing. POD Form Feb. 1957 1511 GPO: 1957 O-F-418530 ��--~ �James w. Taylor, (- #77038 - ~~~ , (:~.---, THE PENITENTIARY \ D®[JXOOJ()X~OOX 500 Spring Street Richmond 19, Virginia circuit Clerk's Office court of Rockingham co. Harrisonburg, Virginia ~ - I Vj ,' ,; _ - • - = . •· - J -:- -'. US.POSTAGE\: . ~~== "~"...9 ., 12: :· �• �COUNTY COURT Criminal Docket N? 30261 Com'th V. I...w • Appearance Date /u .,.~ ~ - "17 Trial Date // - /:? - J1 A ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham to appear before the Judge bde1re-ttre-6rand-7m-y, against ..... J MES ...TAYLO.R ...................................................................................... . And this you shall not omit under penalty. CHARLES County, at the Court House thereof., at 9:30 November. ............, 19.59 , to testify and the truth to say in behalf of the who stands changed with and indicted for a felony Witness, Greeting: of the Circuit Court of Rockingham o'clock, a. m., on the ...l.9..tb. .. day.of. Commonwealth County, E. EARMAN, ffi~effletti'\~,.. - And have then and there this Writ. JR., Commonwealth's Attorney for Rocking,ham County and the City of �-iN .t?.:XECUTEDI/-/&-~ THE COUN'.fY01 ROC~INGHAM 5Y DELD.~3 ~GA TRUE ITH.J.J.'~~ l \ ROCKrnGIHHJI COUNTY (} ~ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You f;cby . . ·~ . ..... '. ·/--· commanded . County, Greeting: to summon .. ............... . . . . .. .... . ... at:,,.,= .. DR, JULLJ:,VL'.l'.i\.LllO'.I'... , , , ............................................................. ,..... ........................ . .. . .. . .. .. ..... .. . .... . ,,,~....W.O.ODROW .J.ORNSO.N., ...P.SJ..a.:~~Jd.Jrn ....S.tr.~~.t ................................................... . . V ..../ - .Y..... ..... ......V ................... HA.RRY ...HO.L.LY., ....l3.i.l.;I.i $ .. B..oY4. ..S.!19.P., ...Ed..9m ..R.P~d. .................................... . to appear before the Judge o'clock, a. m., on the Commonwealth of the Circuit l9.:t.h day Court of Rockingham of NO.Y~Ill1:>~r . ... be-i0Pe-t-flebf'~-J"l1ry, County, at the Court House thereof, at 9 :30 . .. , 19. E>,!:), to testify and the truth to say in behalf of the against ........JAMES...TAYLOR. .................................................................................... . who stands changed with and indicted for a felony mt!!'O€meant>!'.And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, And have then and there this W,rit. JR., Commonwealth's Attorney for Rocking,ham County and the City of Harrisonburg, Vinginia, at the Court House, the .2nd ...of .....Nov.ember .............. , 19.59 , and in the 1.8.4.thyea.r of the Commonwealth. �1 ot findi~~---······-···- ::ce ····-···········-·--·-··at his usu::i :~~:~==···b • :;t: d:z-==~ 1 g • .2.-~~-v_ .......... .!.._:A.~~~--···· .i•1 p~rso.1, 1 1.:;11c1 } '.' .. :ce r ·~ /_ ;J o .. ,W/~-::J:... • L ... r.i:y ab...,ve th.! a.~~ of • .,,..-,.,.-.,::..~ ,j.-. , /....,,,_.__ ......• ~. m-::n1b·. - , pur, rt th I} o her. ---------- -- .·- I , ,1.it v Sheriff. ..._ .... .....~.. /.A' ..Si..EUTE '/("'/~/ - V.;--~'.U ,,.,BE t•t Utfl. 'i - V. ROCKINGHAM BY.DELI C~P '1; I!~ ,. F THE ~~::::Z:~~--.:-- -----------------------·--- �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded ..... v/. County, ..,,..... Greeting: to summon . .y.CRI.EF ..RIT.CHI.E........................................................................................................................ . ........ V...... ,... ......... Y....OFFI.C.ER ...JOS.EPH...................................................................................................................... . ....L .................... Y......OFF.l.C.ER. ..C..•.... S......LEAKE .......................................................................................................... . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the ....19.th. day of .... Nov.em.b.er.... .... Commonwealth b@~@-#i-e-G1'1t1,-d-}t.M'y, against .J Witness, Harrisonburg, CHARLES E. EARMAN, thereof., at 9 :30 1ES ...T. .YLO~ ..................................................................................... . .... And have then and there this Writ. JR., Commonwealth's Vinginia, at the Court House, the. 2nd ...of of the Commonwealth. at the Court House , 19...5.9,to testify and the truth to say in behalf of the who stands chaFged with and indicted for a felony n.i~a.AO¥ And this you shall not omit under penalty. County, Attorney for Rocking,ham eU Nove;mber 1959 County and the City of and in the 184thyoo.r ~L~ Commonwealth's Attorney �.,-fIN THE COUNTY L, fWClrINGHAMBY DELI • NG A TRUE _.1,.i;;JU'i'Eu1/-/o'- co TO[.a~~~~~~::::.._ __ IN ~" ROCKl~JGHAM C U T A.L.STRAVJOEilN AN Si ~R~ff ROCKINGHAM COUNTY _ �In the Name of the Commonwealth You t of Virginia: To the Sheriff of Rockingham hmby commanded to summon .............. .............................. .........~THE.OD.ORE ..T ... County, ... .. .... . , ............ PLE, ...Bridg.e1iate.r. to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth 19.th. day of ... Novemb.er ~+l"M!-Gr-&H-d-~, And this you shall not omit under penalty. Harrisonburg, CHARLES E. EARMAN, , ... ,..... ......... . . ... .. . ...... . .......................................................................... . County, at the Court House thereof., at 9 :30 .... , 19. 59, to testify and the truth to say in behalf of the against ..... J. MES ...TA.YLOR. ..................................................................................... . who stands changed with and indicted for a felony Witness, Greeting: t'!ii-s~ftM. And have then and there this Writ. JR., Commonwealth's Attorney for Rockingiham County and the City of eU [ f Vinginia, at the Court House, the 2nd .. of .. N.ovembe.r. ............., 19 ..5.9, and in the 184th of the Commonwealth. .... Commonwealth's ~r~-7-r Attorney year �• OCK\NGHAM coUNi'1 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................................................ . ..... C ....................... ~ ..BEN...MYER.S., ....Harri.s ..onb.urg....................................................................................... .. v- ........................... V.....NDREW . ...CURRY .................................................................................................................. . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the ....l.9th. day of ....N.ov.embe.r ............., Commonwealth 19..59, County, at the Court House thereof., at 9:30 to testify and the truth to say in behalf of the D€ffl1"~t-h-e-Gt--tt-t+d-}-u,l'y-, against ..........JA :IES ...TAYLO ................................................................................... . who stands cha1:ged with and indicted for a felony tlt~~l'K)f'. And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, And have then and there this W-rit. JR., Commonwealth's Attorney for Rocking,ham County and the City of Harrisonburg, Vinginia, at the Court House, the ... ~11,<l,.of lfovem.b.er.......... of the Commonwealth. , 19.5.9;)71 in thel.84 th . .~.... £?~~ ... Commonwealth's Attorney �_,:.t;CU'.i'b~ .,Y:.77iN THE ROCKI.NGHAM BY DELI C8PY OF THE THI .,, '.[~~ IN ;, £, Executed 11/19/59, in the County of Rockingham by delivering a true copy of the within summons to ndrew Curry in person. U1TY #$~ Deputy Sheri or A. L. Strawderman, Sheriff R?;c~ •J.].gham_ County, Virginie , ···;··· --,~nrr-- - -- I ---.unr, /Lr/,'-'!;:.-;; B I~ 'f-;-,'ft~~~;,E.-J~~::::::::_S. /_cc-~- 1/ ___ 9EPUTYSHERI • d R.C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ....................... . .....q-rx.... f.......rr.cu.r.E ......................................................................................... •·... .....0.ff.J.GER...J.O.S.EPH. .............................. :................................................................................ . .........................................................0.f..f.J.CER ..C.•...S.•.... LEAKE............................................................................................ . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the ....19th. Commonwealth day of ...... Octobe.r a-!'!@-ii.dtet~ CHARLES E. EARMAN, .................................................................... . 4or a felon,i-mi.d.e.me~uu11·. And this you shall not omit under penalty. Harrisonburg, . ...... , 19..59, to testify and the truth to say in behalf of the before the Grand Jury, against .. JAMES . .W ....TAYLOR,. ...J who stands char,ged with Witness, County, at the Court House thereof., at 9 :30 And have then and there this Writ. JR., Commonwealth's Vinginia, at the Court House, the.6.t.h ... of Attorney for Rockingham ..October··········/ of the Commonwealth. .., / ..e~ / z County and the City of 5.9, a ...... '. ............ the 184th year �;;:::z;r.···O~- .. ·-......................... .1. rrnsoN. ~c/.--:. ..... ~~········ Y...~z~~···················---DEPUTY ........... S. R.C. S -IE FF ��,. ti· I /· .,. I �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................................................ . ~.~.f!.~ ........ .WO.ODR.OW ...J.OHNSON., ....5.3.1..Hawkins ....S.t..................................................................... . ........................ .......HARRY...HOLLY...{wo.r.ks ..B.il.1. 1.s ...Bo.dy ...Sh.op..,....Edom ..Roa.d) ....................... . .......... , ........................... , ............................................................ to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the :l..~Jh.. ... day of .... Oc:Jober , ................................................................. County, at the Court House thereof., at 9 :30 ....... ........ , 19 f>9., to testify and the truth to say in behalf of the 9' ,' ~~ Commonwealth before the Grand Jury, against .. :,,r· . • .. ..JAMES....W.....TAYLO,;,,··'-·•lN~ ............................................................... . ·························································································••,•·;···•·•································,··················································································· who stands changed with a.nd-419<iHGt.t!d....for a felony mw;Q~aQC. And this you shall not omit under penalty. Witness, CHARLES E. "'EARMAN, JR., Commonwealth's Attorney for Rocking,ham Co,unty and the City of Hanisonbucg, Vi,ginia, at the Couct House, the 6th. ..,.of •. .Oc.tober ......... . .. , of the Commonwealth. z And have then and there this Writ. t~ antl in the 18 ~:~ year �~ Not findl ~~A~:::;:_._at .... place of abode, E_?ute~-::' his. W, ________ Z __ :-___ ~-:;=--·--·--·-by L...... :.:!l..~ ...................... /~d.££L~ cory of~~ delivering a -'~~ in person, ./~A~~~~~-, usual pb.ce of ab his family abov2 th:.: age of 1: y......u:)?'~"'{ to her. laitling cing a member of he purport hereof 7£~~-&&C Deputy Sherif~-~~-~------.....,,..··-·· COUNTY vi GA TRUE ...... �VIRGINIA: ~ de .9f~ume <t1oad Monday ,;,,,the ct'~ of f!Jtdnwnd on James W. Taylor, o/dj,/tea/4 held d d~ !/'¥1<eme <t'«urlo/dffea/4 f!J«el,d,;,,? 10th day, o/ de October, Jr., 1960. Plaintiff in error, Defendant in error. against W. K. Cunningham, of the Jr., Superintendent State Penitentiary, Virginia From the It appearing James W. Taylor, to a judgment on August corpus Jr., 11, 1960, On mature for a writ General wherein of Rockingham court herein by the that his on August a petition Circuit for Court petition County 24, 1960, a writ of Rockingham for a writ of error County of habeas was dismissed. consideration of Virginia of error Court to the filed rendered ad subjiciendum Attorney Circuit file on or before whereof it is ordered a response to the November 21, 1960. A copy, Teste: Clerk said that the petition �1 '- ""r r V ...,L, \,. .. - 1 V Lv l -- L �PO~T OFFICE DEPARTMENT OFFICIALBUSINESS RETURN TO REGISTEREDNO. NAMEOFSENDER Circuit Court Rockingbaa POSTOFFICE Harr1aonbur STATE PODForm 3811 July 1955 Virginia "If U. 8. 80VUNIIDT P81NTIN9 OfflCI I I... ll0304-m, �DELIVERING EMPLOYEE 0 0 Deliver ONLY to addreaKe. (Doea not apply to C.rtiliad Show addrea■ where Received from the Postm Article, the number f hi mail.) delivered. ter the Registered, Certified, or Insured app on the face of this return receipt. 1. 2. -- ----------!....:-.;.•----------------- �Sep ..e:1ber d fr. up . furn-:;r,. rt Buil 1960 C1 .rk oui:t of A.. pet.ls ;~_up 13, of Vi .-.init. inp C Le: .::.:1es W. v .. eylo ~, J-r. V .. K. unnln n·i, Jr., St· t.~ Pen:!. ..,er..t-' ry Dot 1 I ,, :1 tyled Vi ·nia Sir: ~ .din proce3 Pl t se r ecoi 2.n' return Envel Sup't e. you l re;;~ t' td.rigin.:-1 -~ core n pu su~nt to 1 le 5 7. t o· s • ...e e.t t is to me in he en lor- bet, c:.nof t ie E. ... d ~~elf-r-1 1c"ireEse Ycur,.) e cy t. • ... 'HJ E:1cs. Received: ---~----;_/ __ .., .. , 1960. ---~=-~~~~!:::!:~-====--, Clerk. ove sed copy str y, t ped �J: . • !1 t :bevl:999fl �RECEIPT FORCERTIFIED MAIL-20¢ POSTMARK OR DATE en co co C) co STRECT AND NO. Supreme Court Building CIT'r' ANO STATE Richmond, Virginia r you ~lltttf. return □ lOt hcw:i h . .v11~,m :1nt1 );,hen .. rr.:C~.:pt, choc).. wh.i.:1; □ 45,t.$hOW.! to whorn wheri, at1d addu:~s "fuu~ dcJi.-ereU ll_Yi.)U .,trictt!d ' ddiv,u,:d FE.ES ADDITIONAL f'OD Form 381)0 Jul 1951 war1t u,-- de-Jc.-.. ery, check □ 50t fee TO Wt FEE SEE OTHERSIDE h~re �I. Stick posta"~ stamps to your article to pay: 20¢ certified mail fee Restricted delivery fee-50¢ (optiona[) First-class or airmail postage Special-delivery fee (optiona[) Either return receipt fee-10¢ or 35¢ (optiona[) 2. 1f you want this receipt postmarked, stick the gummed stub on the address side of the article, leaving the receipt attached,and present the article to a postal employee. 3. lf you do not want thi~ receipt postmarked, stick the gummed stub ,m the address side of the article, detach -and retain the receipt, ·and mail ·the article. 4. If you want a return receipt, write the certified-mailnumber and your name and address on a return receipt· card, POD Form 381J, ll,Jldattach it to the back of the article. Endorse front of article RETURN RECEIPT REQUESrED. •• • 5. If you want the article delivered only to the addressee, endorse it on the front DELIVER TO ADDRESSEE ONLY. Place the same endorsernent io fine 2 of the: return receipt card. 6. Save this receipt and present it-if you mak~ inquiry. * (j,-S. GOVERNMENT PRINTlNG OFFIC£ l 11157 16------71547-4 �&epte. -,.ber lJ, Mr. H -ward G. Tux·ner, 1960 Clark Sup re ,e Cot:r t of J:.,,,pec:ls <.,f Vi1'ginia Supre e ,~cu~·t Bui din_g fi ·- •"on· ··1.· Pa: l ;rr;i ;· Ja'1cs 1--1.Teylor, J~. v. W. K. Cunninghf.•1, Jr. , Sup' t Vi!' ginia S :: te Peni ';ent • c:~y ycu herewith pursurnt se.-tdinf the ·igin~cl y•ecord in to Hule 5 :rl .. str ed proce:.:ding Plec: se receipt r nc' return for 4:;o me in sa .e 't the t ..e er.:c-osed the bottanof er1.elo~ ed self-llc tr4e f,Jove 1dre.ssed copy st· mped Enn,lope; Yr-urs very truly, George b Encs. r. Ke, .pe .,, 81er:{ �• T I t ... �VIRGINIA: ~ de in Yi~Mme the <if'o/ of?lk:J/1,wndon CCoad Monday The petition to a judgment the 11th rendered wherein Cunningham, Jr., was defendant, the record being said is to affirm the 16th by the 1960, said Circuit having of the petitioner the said and refuse the judgment said January, for of Rockingham proceeding of the Virginia considered writ of the said circuit A copy, - therein and W. K. State Penitentiary, and a transcript is plainly of error, of error County on then seen and inspected, judgment the right, effect court. Teste: f!Atti/di,n? 1961. a writ was plaintiff aforesaid o/~rua/4 ~ttd Jr., Court b_een maturely judgment that y ~ze day of de in a certain Superintendent of opinion petition, the held al of James W. Taylor, day of August, depending, o/~~ea/6 of the court doth reject of which �... f r .., -, �I' VIRGINIA: m de ~ tk !/~ Ct7'o/ of~ James W. Taylor, <'ef{)(~of~~ Wednesday on <'efOl#tlof ~/4 kid at de ~- day,o/ April, 26th de Jr. , [}_J«~ 1961. Plaintiff in error, Defendant in error. against W. K. Cunningham, Jr., Superintendent, The following dated April order etc., of the Supreme Court 17, 1961, was received of the United and is recorded States, 1 as follows: SUPREMECOURTOF THE UNITED STATES No. 827 Misc., October James W. Taylor, Term, 1960 Jr., Petitioner, vs. W. K. Cunningham, Jr., Superintendent of Virginia State Penitentiary On petition for writ of Certiorari to the Supreme Court of Appeals of the Commonwealth of Virginia. On consideration to the Supreme Court ordered by this of the petition of Appeals Court that the of the said for a writ of certiorari Commonwealth of Virginia, petition be, A true 17, 1961 copy Test: JAMES R. BROWNING Clerk of the Supreme Court of the United States BY /s/ E. P. Cullinan Deputy A copy, It is and the same is hereby, denied. April herein Teste: Clerk �' t • . �tl Do~ z C7 t✓- t;-_ t No. 3t ef . 1959 iOCT COMMONWEALTH of VffiGINIA 1,-~.~- ~ ) VS. Indictment ~ ) Felony ) {murder) JAMESTAYLOR, JR. D~o~n~a~l~d--'D~. ~L=i~t=t=en=--------P· I / :ii; ·-· Own " ~ 0 Cl z " r 0 !!.. 0 10 'ti 10 c..a "(') -.J 00 1959 October ( ) ~ Appointed 19. Return d. ( ~ of Grand Jury. 10/225 Accused arraigned and plea n.g. Motion for bill of particulars granted. Motion of accused for employing court reporter denied and excep. thereto; case set for 9 ~ F trial_ ~-' ~ t Nov. 19. 10/c:Zeot' ~ it·l-:::r.~_rv: ~-. - -y(). ~ ~~ ~ J_ ~ • S dt:J ~ ~ (JL,.,I,-' I y Vo -4 C,,.O:::r-&.-:ittl-"t/ _ • tr 1/ / ~t1 / ',£- ,;z~I �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v James Taylor Jr Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder (note: FBI) Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1959 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_019_013 Taylor https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_006_commonwealth-v-jane-folely-armstrong.pdf d0b2d591adeb8f63e4335eecbc03cb04 PDF Text Text PRE-SENTENCE INVESTIGATION Staunton, Virginia December 17, 1956 OFFENSE: NAME: Jane Foley Armstrong CITIZENSHIP: American .ADDRESS:320 East View Street Harrisonburg, Virginia MARITAL STATUS: Married AGE: 20 (Born 7-29-36) NO. OF DEPENDENTS:One SEX: Female OFFENSE: Attempted Robbery RACE: White DEFENSECOUNSEL:Charles A. Hammer &ployed On June 18, 1956, Jane Foley .Armstrong was brought before the Rockingham County Circuit Court with Judge Hamilton Haas presiding. This woman was represented by her own employed attorney, Mr. Charles A. Hammero On this date the subject waived indictment and on motion of defense counsel the Court appointed physicians to examine the subject as to her mental condition. On July 51 1956, Jane Foley .Armstrong was examined by Dro J.B. Pettis, and Dr. Alvis W. Jeffries, Jr., of the Western State Hospital and Dr. Richard Smith of Harrisonburg, Virginia. The doctors 1 diagnosis reveals that subject was suffering from a malignant psychosis and recommended that be committed to the Western State Hospital for treatment. the she On July 10, 1956, the accused was committed to the Western State Hospital for observation, care and treatment and the superintendent ordered to report thereon. On October 31, 1956, the Court was notified by Dr. J. F. Fulton, Acting Superintendent of the Western state Hospital, that the subject had recovered from her mental disorder. On December 5, 1956, Jane Foley .Armstrong was returned to the Rockingham County Jail and on December 10, 1956, the subject's counsel changed the plea from not guilty to guilty which was accepted by the Court and on motion of defense counsel the case was referred to the Probation Officer for a report. The case was set for December 18, 1956. • The subject entered a plea of guilty to a warrant charging attempted robbery. The warrant reads that the subject did on or about June 12, 1956, feloniously attempt to commit robbery from the persons of W. H. Pye and lawrence Oliver by presenting a toy pistol threatening their lives in violation of Section 18183 of the Code of Virginia. It is reported that on the evening of June 12 the subject left her home on East View Street with her baby, driving her husband's 1950 Ford automobile. She later met her brother-in-law, PeeWee Beach, at a local restaurant in Harrisonburg. This couple proceeded to the Blue Parrott Inn which is located approximately 4 miles north of Harrisonburg on u. S. Route #11. The subject and her brother-in-law consumed a number of bottles of beer and about 10:30 p.m. Mrs. Armstrong brought her brother-in-law back to Harrisonburg and returned to this restaurant where she continued to drink. ��Re: Jane Foley Armstrong Page 2 . . . . It is reported she left this establishment sometime after midnight and drove south toward Harrisonburg and parked her car beside the U T. C. Dance Hall approximately 1½ miles north of Harrisonburgo She then admits stopping a car proceeding north occupied by two men. This woman entered the rear seat of this car and as the car pulled off, she told them that it was a stick-up. 11:r-.Oliver, the operator of this vehicle, applied his brakes suddenly, throwing the subject against the front seat at which time she was struck by one of the men, knocking the gun to the flooro This woman was then taken to Pye 1 s Restaurant and while one of the men was calling the police, this woman slipped out of the automobile and fled. She was later apprehended in the back seat of her car with her baby in a driveway diagonally across the highway from the Pye Restaurant. 0 This woman told a number of stories regarding this offense which were very fantastic and later attempted to commit su_icide in the Rockingham County Jail which resulted in the mental examination and committal to the Western State Hospital. PRIORRECORD: The subject has no prior record in this area, but it was found that she was committed to the Industrial School for Girls at Lancaster, Massachusetts, on March 18, 1953. She was charged with being a delinquent child in that she committed the offense of being a run-away. This girl was confined to this school for approximately 16 months, being released in the spring of 1954. FAMILYHISTORY:Ja.neFoley Armstrong is the youngest of three children born to James H. and Grace I.a.Porte Foley. She was born at Medford, Massachusetts, on July 29, 1936. The father, who is now 51 years of age, is a native of Massachusetts, has a high school education and has been employed for the past fifteen years by the General Electric Corporation in Massachusetts. It is reported that the father is very stable, is a good provider and is very loyal to his family. He also bears a good reputation in his community. The mother, who is now 53 years of age, is also a native of Massachusetts and her chief experience has been that of a homemaker. The parents are Catholic and the mother apparently is active in church work and bears a favorable reputation. It is reported that the mother is neurotic and highly emotional. The Massachusetts Authorities report that the parents were overly-protective of this girl, in that she was the youngest child. The subject was pampered and spoiled by her parents who exercised very little discipline over her. It was found that the subject has one brother and one sister - James H., Jr., age JO, who lives with his pa.rents and Mrs. Arline M.mro, age 26, who lives at 19 Dell Street, Somerville, Massachusetts. In the fall of 1954 the subject entered the Littleton High School. At that time she was going with a soldier and became pregnant during that fall and dropped out of school. A son was born to the subject in June of 1955 out of wedlock. The subject started dating Leonard Edward Armstrong who was then in the Army and stationed at a Camp near the subject's home in Massachusetts. This boy was released from the Army in December. This young man secured employment in Arlington, Virginia, and the subject and her baby joined Armstrong the first of January 1956. They reported that they had been married in Fairfax County. They then ca.me to Harrisonburg in April 1956 and were living in a small house located on Ea.st View Street at the time of the offense. Since the subject's confinement and apparent recovery from her mental illness, she and her common-law husband indicated a sincere desire to get married and as a result her pa.rents came to Virginia and this couple was legally married in Harrisonburg on December 15, 1956. ��Re: Jane Foley Armstrong Page J ........ . 'l'he subject I s parents now live in a five-room apartment which is located in GHBORHOOD: the better-class residential section of Everett, Massachusetts~ At the time of this offense the subject and her common-law husband were living in a small house located on East View Street in Harrisonburg, Virginia, which is a lower-class white and colored residential section. HOMEANDNEI- EDUCATION: The subject entered school when she was six years of age and last attended the Littleton High School at Littleton, Massachusetts, where she quit in the 12th grade due to pregnancy. The reports from Massachusetts indicate that the subject has an I. Q. of 116, placing her in the bright, normal group 0 It was also found that she was not a behavior problem in school. RELIGION: Jane Foley .Armstrong is a member of the St. Anne's Catholic Massachusetts. INTERESTSAND ACTIVITIES: It is reported that this woman has a talent for art and that she can do freehand drawing. She also-likes to participate in group singing and was a member of several choirs and is very fond of horse back riding. HEALTH: The mother reports that this girl's birth was normal and apparently she was a normal child with the exception of enuresis until she was 14 years of age. It appears that the mother was very critical of the subject's associates and refused to realize that this girl was developing into adolescence. As a result this girl rebelled and ran away from home on several occasions. On these occasions this girl became involved in immoral conduct which later resulted in her connnittal to the Industrial School for Girls at Iancaster, Massachusetts •. During her confinement and afterwards this girl would take spells of depression and imagine that she could see grotesque faces, little men, dragons, etc. It appears that she would commit delinquent acts - in fact would act them out. After committing the acts, this girl would go into periods of depression and then would try to punish herself for her deeds. Church, Littleton, After this woman's committal to the Western State Hospital she was under the care and supervision of a psychiatrist and other doctors. The staff changed the diagnosis, stating that they-did not feel that this woman had malignant psychosis. They feel that she has made a marked improvement and possibly has matured and that if she is now willing to accept the realities of life and be honest with herself, as well as her associates, it is possible that she can reach a satisfactory adjustment. EMPLOYMENT: The subject has had very little work experience. She was employed for a short period of time as a file clerk and for other short periods as a waitress. The subject's husband is now employed by the Bare Tile Company, Harrisonburg, Virginia, and is now making $1.25 per hour, This woman has no Military history and no resources. RECOMMENDATION AND PLAN: It is found that the subject's husband has accepted and appears to be very fond of her child. He has cared for this child during her confinement and has been very loyal to Jane. ��Re: Page Jane Foley .Armstrong 4 . . . . . . . . . Inasnruch as Jane Foley Armstrong has been confined for more than six months during which time she has received psychiatric treatment and also the fact that her husband is ready and willing to give her a satisfactory home, I am of the opinion that a trial on probation would not be against public interest. Respectfully yours, .#~ ✓✓?""k/~ William H. Ralston Probation and Parole WHR:ABM Officer �' �VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY, November 1, 1956. Commonwealth On a warrant v. charging a felony (attempted robbery) Jane Foley Armstrong It State appearing Hospital that the Superintendent at Staunton, Jane Foley Armstrong Virginia, has advised is now recovered into the custody of his deputies before this court in order to stand it of the sheriff that trial this from the mental she had when sent to said institution, delivered of the Western of this that disorder is ORDEREDthat she may be returned on this court county she be or one and brought charge. STATE OF VIRGINIA, COUNTYOF ROCKINGHP.M, To-wit: I, J. Robert Switzer, Clerk of the Circuit Court of Rockingham County, Virginia, the same being a Court of Record, do hereby certify that the foregoing is a true and correct copy of an order of the said Court entered on the 1st day of November, 1956, in the case of Com..monwealthv. Jane Foley Armstrong. as the s&id order appears of record in my office as Clerk aforesaid. Given under my hand and the seal of the said Court, at Harrisonburg, Rockingham County, Virginia, this 1st day of November, 1956. ).,~,::,/~, Clerk, Executed this 5th day of December 1956 by transporting the said Jane Foley Armstrong from the t estern state Hospital to Harrisonburg and placing her in the Rockingham County Jail. A. L. Strawder, b e1/a~ warren an, S.R.C. A. Spitzer, D.S.R.C. ��WESTERN STATE STAUNTO N, JAMES HOSPITAL VA. B. PETTIS SUPIERINTEND~NT MENTAL DEPARTMENT HYGIENE OF A 5 Deceni:>er~iOSPITALS tem St ro C he C ty, Virgin! , r, 1956. a. l M , 0, �.0 •M eJTT3"! JATJqaoH B 11'3MAL .AV TH:IC1~3THIR3qua c!.JATl9c?OH CIIIA 3"131c>YH .JATl-13M 3TAT HR3Tc!:IW .HOTMlJATe �WESTERN STATE STAUNTON, HOSPITAL JAMES VA. B. PETTIS, SUPERINTENDENT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS 5 July 1956 The Honorable Hamilton Haas, Judge Twenty-Fifth Judicial Circuit of Virginia Rockingham County Court House Harrisonburg, Virginia Re: Jane Foley Armstrong Dear Judge Haas: As ordered by the Circuit Court of Rockingham County, Virginia, I examined the above-named person in the Rockingham County Jail in Harrisonburg, on Monday, 2 July 1956. To assist me in this examination, I had Dr. Alvis W. Jeffreys, Jr., Director of the Psychology Department of Western State Hospital, to administer to Mrs. Armstrong a battery of psychometrics and a Rorschach examination. I have conferred with Dr. Richard Smith of Harrisonburg, who had previously examined the prisoner. As a result of ntv examination, together with that of Dr. Smith and Dr. Jeffreys, it is ntv opinion that Jane Foley Armstrong is suffering with a malignant form of psychosis, and should be conmrl.tted to a mental institution for care and treatment. If I may be permitted to suggest the particular institution, I would urge that it be the Western State Hospital, where Mrs. Armstrong could receive a dynamic program of therapy. This is essential, as she is a young womanand may profit by such. Dr. Smith concurs in this opinion. Very truly yours, ~-B~ ames B. Pettis, Superintendent JBP:ael cc: Clerk of the Circuit Court of Rockingham County M. D. M. D. ��WESTERN STATE STAUNTON, JAMES HOSPITAL VA, B. PETTIS, SUPERINTENDENT F-43235 DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS 31 October 1956 The Honorable Hamilton Haas, Judge Twenty-Fifth Judicial Circuit of Virginia Rockingham County Court House Harrisonburg, Virginia Re: Mrs. Jane Foley Armstrong Dear Judge Haas: You will recall that the above-named womanwas committed to the Western State Hospital by order of the Circuit Court of Rockingham County, Virginia, on 11 July 1956. Since that date, Mrs. .Armstrong has been in residence at this hospital. When admitted, she was somewhat apprehensive, confused, and disturbed, but she has responded well to treatment, and it is the opinion of the Staff of this hospital that she is now recovered from the mental disorder she had when sent here. We are now ready to discharge Mrs. Armstrong, and would appreciate your advising us of the disposition you wish made in the case. If you desire that she be released to the custody of officials, in order that she may be returned to the court, an official designated by you may come to the hospital for Mrs. Armstrong any day except a Saturday or Sunday. We shall be grateful for your advice in this matter. Very truly yours, 6.r}-~),-,4/ J. F. Fulton, M. D. Acting Superintendent ael M, o. ��VIRGINIA: In the Circuit Court of Rockingham County, July 10, 1956. Commonwealth On a warrant v. charging a felony (attempted robbery) JBne Foley Armstrong It appearing that on the 18th day of June, B. Pettis, Superintendent Virginia, and Dr. Richard appointed to examine the accused, mental condition; therewith that the said for observation, fore ORDEREDthat State to this of Harrisonburg, treatment, at Staunton, Virginia, Jane Foley Armstrong, appearing accused Hospital fron a report filed should be committed and a report Hospital at Staunton, in accordance to an institu- thereon, thereof superintendent Virginia, for the purposes is directed were as to her it is there- the said Jane Foley Armstrong be committed by the Superintendent said hospital H. Smith, and it tion the Western of the Western State 19~6, Dr. James to to be ihere held aforesaid; to report his and the findings court. STATE OF VIRGINIA, COUNTYOF ROCKINGHAM, To-wit: I, J. Robert Switzer, Clerk of the Circuit Court of Rockingham County, Virginia, the sane being a Court of Record, do hereby dertify that the foregoing is a true and correct copy of an order of the said Court entered on the 10th day of July, 1956, in the case of Commonwealth v. Jane Foley Armstrong, as the said order appears of record in Commonwealth Order Book No. 9, at page 316,in my office as Clerk aforesaid. Given under my hand and the seal Harrisonburg, Rockingham County, of July, 1956. of the said Court, at Virginia, this 11th day ~--------• Clerk. A. L. Strawderman .R.C. :1/ ��After 5 days return to DRAWER 1080, ,. .f/ie :;;._ ~ -=-=-: fat ~ MENTAL ~ ➔ STAUNTON, VIRGIN~ H~ .. T Clerk of the Circuit Court of Rockingham County Harrisonburg, Virginia ��WESTERN STATE STAUNTON, HOSPITAL JAMES B. PETTIS, SUPERINTENDENT VA. DEPARTMENT MENTAL Y IENE OF A u.1.y 19 HOSPITALS Honorable .~ ....... ton Haas, Ju e Tw ty-Fi£th Judicial Circu.1.t of Virginia The RockinghamCo ty Court House Harri.so , Vir inia Res Jane Foley A I exar.d.n burg, A~,~flOY1i:1 rdored by • he c· ab na.rood r ockingham County., Virginia, County J il in H!lrri o .. in thi examination, I had Dr. l o De artment of We tern ttery of psych ttic fo"'IPl.'>..l·u.J,!,',,.h w. Hos Ror I hava o examined S ., • ed mitted t.o We tern S gram or by such. 1,=H.l....._._ 1Q4C:n,'9l:-a t.:..1.·.1.t..-....., •illl,l,,l~Cl<;1&~ ~~l,U.-,.f,<V~ of Harrisonburg, who h my a.............. _. ion, t ether t Jane Foley hould be perth an,.,...,.,,..,,¥. Mrs. Ar :tial, a this op· . ettis, Superintend JBPta 1 Cl rk of th of Rooking r . D. t M. 0. �0 .M ,21TT3"1 .8 23MAL .JATICofc!OH T/,"130i.-\11TKl:R3q;ua .AV JATl-13M 3TATC HSl3Ta3W 1 110,·t"fuATa �COMMONWEALTH VS. L 5,J!,,.,, ~'.I I ,,, (I DESCRIPTION OF PRJ ONER Last known address Color Marks Age W 1" a £a,,./ /J/~ Heights- I;;(' Eyes f A_ _._~. :. :=½:.L.:c'lo~4-=:i41. . : ~:z.:c, ,✓ "'-":w...~'-'-&4----',,,,,'-:1A~--=---­ 1 t=---.c..c....r_ __ J/. 1 Hair ~ ct Weight /36 (j?... 'J.-0 Date of Trial Result j i I ~A I Occupation~ / ✓w:t,-,,:;________________ '7:- / Y,. / 7.5't ~~------------ _ ��;Q~~~-Z?::..~;?::....a,:t:::i~!::c;'t:t}.~~::_._,,,,_, the ockingham nty, on the said charge of Gi ven under Witness: my hand Judge volunt accused in the attached of the Circuit Court r·ly waive indictment ;a~llo~eaJ.~~~lli2!l~~~~---------- this / ��I hereby promise to appear (Defendant's at the time and place specified Summon above required under Title 46---Section 193, Code of Virginia. Failure to comply with this summons constitutes ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT Signature tv ...'.> JURISDICTION, 7 COUNTY, CITY OR TOWN I NAME a separate ollense. OF COURT DATE IF DEFENDANT ING- CONVICTED OF SPEED.. ------------ SIGNATURE OF JUDGE TRAVELED SPEED ZONE MPH MPH IF CONVICTED OF CARELESS ANO RECKLESS DRIVING OR SPEEDING- ed by the Judge or the Clerk of the Court having Jurisdiction required by Section 46,-414 of the Coda of Virginia of 1950. SPEED OR CLERK ---'-----------------'--------'---·-----' LICENSE SUSPENDED □ I TITLE YES PERIOD □ NO I DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Following too closely Did not yield right of way Failed to signal tum or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �DEPARTMENT OF STATE POLICE8~7/7go~ /, , "· Date ,/ i" 7L ou are hereby •~---..2._6. ____ Trial Juatlce _ _:::'-'------"---=-----------•"f~~~~-~----r--~-~ , / ,,., / I , ' ; i vm L , summonsed to appear befl>re: , ~---·~' O Speed limit ; o'cloc:~. No Operators Chauffeurs License O "-----'---~---------"--------------------□ Improper I hereby promise to appear at the time and place specified (Defendant's c 7.s, 1rg n a, o w : . / / Summons required above Failure Signature) ABSTRACT OF CONVICTION 193, Code of Virginia. under Title 46--Section to comply with this summons constitutes OF WITHIN NAMED DEFENDANT .JURISDICTION, COUNTY, CITY I OR TOWN NAME a separate offense. OF COURT DATE APPEAL IF DEFENDANT ING- CONVICTED IF CONVICTED OF CARELESS RECKLESS ed by the Judge or the Clerk of th■ Court having Jurisdiction required by Section 46;414 of the Code of Virginia of 1950. SIGNATURE OF SPEED-- SPEED TRAVELED I SPEED DRIVING OR SPEEDING- OF .JUDGE OR CLERK LICENSE I SUSPENDED □ TITLE YES ONo ZONE MPH MPH AND TAKEN DYES PERIOD □ I NO DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for condition~ Following too closely Did not yield right of way Failed to signal turn or stop Improper passing Disregarded. stop sign Operating wrong side of road-not overtaking �___ ~p. ..,_ ... .,_..,_·-··- .............. Form_!8-A ST A TE OF VIRGINIA ~ OF Harris City TO ANY SHERIFF l on burg No _____ To-Wit: OR POLICE OFFICER: E. F. Turner Whereas, John G. Leake has this day made complaint and information on oath before me, -----------------(Name) City ____ J_u_s_t_i_c_e_o_f_T_h_e_P_e_a_c_e ____ of the said C!.mt'IU, tha._______________ (Tide) ----~--------J_a_n_e_A_r_r._J.s_t_r_c_n_g or about did on pie J 2tbclay of___ J_un __ e ______ avtempt of cor~it robbery b~' presenting Oliver of to 18-163 section tl1e _ a of Cor:unonwealth fro:::: toy _______________ , 19----2Q: Unlawfully the pistol, the Code of Virginia of persons threatening Virginia, of ~!.I:. and Pye their against _ Rockingham in t~f County feloniously and lives, the peace Lai.-;rence in violation and dignity • These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham Trial Justice Court of th~iQ County, the body (bo~) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: Lawrence r:i.H. Oliver color Pye color 332 South High Whi teAddress ---------=-----□ White Singers Glen, Va. Address --------------□ color Address --------------□ color Address --------------□ color Address --------------□ as witnesses. Given under my hand and seal, this (Seal) ., .. _.7 .. �- ..........- ..,_ .,...,.__ ... ......____ ..,,._......... __- ·- ....-...... .........._..,..,._ ........---- ..--~~~-.__,... ,..,.., __ STATE OF VIRGINIA-COUNTY _. •'"- OF ---------------------, I, to-wit: Trial Justice Justice of the Peace a m and for the County aforesaid, State of Virginia, do certify that and ---------------------------, __, have this day each acknowledged themselves indebted as his suret _____ Dollars to the Commonwealth of Virginia in the sum of ---------------------------------------( $________ ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth Circuit Trial Justice shall appear before the be rendered, yet upon this condition: That the said to Court County, on the ________ day of ----------------, 19__ , of -----------------------at ______ M., at ------------------, Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant to answer for the offense- with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain i~ full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon further condition that the said -------------------shall keep the peace and be of good behavior for a period o from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. day of _________________ _, 19_, Given under my hand, this ________ ys T. J., J. P. tI1 H n, f -..Qi 2;. ~ ~ a s..tn· s- 'Tl s· " s g, ~ , 'Tl ... "' r ..... t' ~ z 0 S;:: S;:: 0 0 g, tI1 () ~ f} ss· I ;,;; z if ~- ~ (i ~ s· ,. 5· ::, >,..· 0 0 > ~ " 3 t.. ~ --~ 0.. () 9 z I'\) tI1 I'\) ~ > r' ~ ::i:: .... ~ \0 ~ ~~ ,. 0.. -< 0 () 0 'Tl ~ g, s· " ~ g_ (i 0 "' a B B 0 ::, :I!! e. s~ 8 ,.., ::, ..., " en s:: B 3 1s ::, ~ (IQ ~ 0 s· ~ s ~ 1l ;. ::, ,.::, 0.. r, " ..... ~ 'Tl n, ,."::, (i " ,.., ;,;-- ~ if OQ > ,.., ,.., g ti:! ~ ~ E ~ C: ::, e: ,.,.., 0.. a n, ,.0.. 5 ..., g, ,. ... 0.. 8 ,. :g g, 0- :;! ,.., ~ ~ 0.. 5 ... " 0.... ~s· ~s· .., _p;· __t;· ,."::, ~ -" "g .... s" ~ ::,- ... ;.·() ~ () 0 en ~ en -~,.., ..... ,.., c: E. P." ,.., s'-0 ~ -.J " .... .... . . I-' I'\) I'\) 0 0 \.n ~ . I-' I'\) I-' 0 0 0 0 0 -.J " - 0 .... l () 0 s:: ::, 9 g_ 0 :I!! s· (IQ ~1l "' 1l s () 0 C: ~ \0 " :I!! ... "n, ... ,.., "0 OQ ::, ;;· "0.. �Docket No. Ji J../1. COMMONWEALTH VS. WARRflJIT DEC 195S of VIRGINIA ) ) Felony ) (attempted robbery) JANE FOIEY ARMSTRONG -=..,Ch=-aar=-=1-=-ee s"'---=A=--. _,,H=amm=e~r,__ ______ Own (x) Appointed ( ) ,p. d. / 3 CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co,, Phila., Pa, �TRIAL JUSTICE COURT Criminal Docket 21217 A Com'th V. Jane Armstrong Defendant Appearance Date ~ ?- I z_ -J~ Trial Date ij~ld for action of the Grand Jury on a plea of guilty. �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Jane Folely Armstrong Subject The topic of the resource Felony Attempted Robbery Description An account of the resource Defendant charged with attempted robbery Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1956 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_006 Armstrong https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_003_commonwealth-v-jerry-lee-morris.pdf 70ce1eca7f734b9b4e7c5592fe259c47 PDF Text Text STATE OF VIRGINIA, COUNTYOF ROCKINGHAH,to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand the body of the Court of said do present 1950, that of the State County of Rockingham County, in said one William jurors at its August of Virginia, and now attending Term, 1950, JERRY LEE MORRIS, on or about County, Taft unlaw·fully Shifflett, the peace the Circuit upon their the and feloniously against in and for oaths 6th day of August, did kill and dignity and murder of the Commonwealth of Virginia. This indictment is found upon the Callender and B. L. Kiser, the jury grand to give witnesses evidence. testimony svrnrn in Court of s. and sent H. before �COMM01'n1VEALTlI v. JERRY LEE MORRIS Term 1950 ..J-- August bill: Felony A true WITNESSES: s. II. Callender B. L. Kiser ·- INDICTMENT George D. Conrad Commonwealth's Attorney �r ,,1- Docket N o._-------"2=---=-=-3N COMMONWEALTH lSSQ &,~ , , of VIRGINIA ) ) ) vs. 3 v_;,Y o-f" FELONY (murder) JERRY LEE MORRIS Charles Own X A .Hammer & Sam P .Conrad, ( x) Appointed ( p. d. ) " ~ 0 ~ "t'1 ~ < "0 '0 " (') ? "d g; f "d 1' f CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. ,Jlt ' 1 _ 1 _ ��Comp. Form 18 f STATE OF VIRGINIA COUNTY RQCKTNGHAM OF TO ANY SHERIFF OR POLICE OFFICER: Whereas, Kiser, To-Wit: 'I B. L. Deputy Sberif'f has this day made complaint and information on oath before me, _,.,_J_..----"C_.._.,_. _.__SUJw'-'a""'r'-'--'-'t:""z....,,,-...,C........_l..t:ae"'"r-'--"k,.__.._o..._f_ cName) Justice Trial __ of the said County, tha,__ _____________ Court _ (Title) .1.1J.set.1r~r1....yJ-_._T-'-',e""e.,__.11.Ml..l..oLJ.r.::.JrL....L.:i ...,sc__ _________________________ ~ on the ____d.-td kiJJ dignity 6th day ot.-uA_.11'4g.,..,1"""JSu...u.t __________ and murder of in the said County the one 1//:ilJiarn Corn:mom·cealth of Taft , 19--5.Q_: Unlawfully Shifflett against and feJ oni ous J ¥ the peace and Y.... i ... r-l;g~i .... ·n........ i.,.,a~----------------- These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon Sbe~iff s. H. Callendar color ____ Address ---------------□ color ____ Address ---------------□ color ____ Address ■ --------------- □ color color Address ---------------□ as witnesses. Given under my hand and seal, this,_ ___;_7~t~h..___. 19...50_ (Seal) �STATE OF VIRGINIA-COUNTY OF I. ------------------- -----------------------, Trial Justice a Justice of the Peace to-wit: in and for the County aforesaid, State of Virginia, do certify that as his sure._ ____ and--------------------------, to the Commonwealth , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of----------------------------------- ($________ ), to be made and levied of their respective goods and chattels, lands, and tenemen-ts to •the use of the Commonwealth to Circuit be rendered, yet upon this condition: That the said ____________________ , shall appear before the Court Trial Justice County, on the _________ day of _____________ _, 19__ , of at ______ M., at _______________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said from the date hereof. shall keep the peace and be of good behavior for a period of_________ Given under my hand, this ________ day of __________ --:--,-----, 19__ days _ T.J., J.P. '"C I-' co - ..., ... ,-,, (j 0 "' "' 0 ~ :.ro :> ~ Pl co ::s s:: H, I-'· er; Pl c+ < '1 s s:: (/l o:.r (1, I-'· 0 0 Pl ":I Pl p., . (l) 0 OS::;:lc+~ ::l p, , H, p, :.r Pl co c:....(D f-'• c+ '1 s s:: p, ct < :.r (D ~ co p.. p.. t<: • :.r Pl p.. ;:l c+ -flt :::rI-'· (/l J:, c+ :.r er.: c . o' (/l El 30 r.n C El 3 0 ~ ... ~ 5· - (j ..., 0 e. 0 e. 5· n, !" c+ f-'• (l) p, '.:j C".l f-'• a. ... < 0 I-' G) 0 Pl ::r n, 'C ~ '1 ::s o' ;:l V1. ":I < Ille n 'O no ::s c+ ~ n, ~- ~ ..., ;. n, (j 0 ~ "' 0 ::s ::s e. ;. c,q > ... ... ;n, n, 0 ::s n, '< ~ "' "' ::s n, "' ._. ~ ":I n, ... ,. > ... ::s a. ::s a. ,. 0,. .., ::s n, (j ;:. ... :,;- ~ ;:. > ... "' ~ (JQ n, ti:, ... t n, ..., .., ~ p.. Pl '<: 0 H, ;:s (/l ~ G) (D p.. Ill Pl f-'· ;:l c+ f-'· (/l 1-3 0, (1) ::s 0.. !l,) :.r ::s c+ Pl '1 c+ (l) :.rf-'• ":j" ::s Pl I-'(::; c+ 0.. f-'•'"d H,(ll i; 0 co '1 ;:;-I-' (D I-'· Pl i; 3 O CO I-'• c+ o' '.:1 r >4 c... 5· tiii 3"' ~ . > :;.; ~ o· ;:l ::s c+ ~ .... ::r ~;. t.:rJ > t"' >-i :I: 5· n ::r .., "' -"' (JQ .... ::l'l ::s ~ a. I•'<: Pl 5. n, .., "O n, ::, . a."' '< ~ e. <: ::;· (JQ 5· F ~ '< <: ::;· 0 "' ... "' (JQ 5· 'O 'O F. n, .... Ill - ..., 0n, - 0 .... ~ a. n, "' (I) 0 o\ ~ ::r (I) ..., .., 0 ri C: "' C: 0 ~-::.· ~.... (I) (j -0 .., C: ~ ~ - r s -n ~5· --.-· c,q n, v ;. n, j.;' f ::s ... ::r 0 {I) >-i {I) ~ >-i 0 :;.; t,1 r.n ..., n, ~ t.:rJ z ":I C ti:, 0 a: z s: 9 0 0 > z..., I ~ ~.., .., "' ::s .... 0 ~ 0 n, nn, t--+J'- n, t:1 0 ~ > :;.; :;.; 0 (j 0 C: ::, ... ::< ::s n, "' (I) "' "' ~ ... ... (I) (I) (I) n 0 c,q e. N n, a. \ �FITZHUGH ELDER, ATTORNEY STAUNTON, l, 30 EAST ........ VIRGINIA BEVERLEY COMMONWEALTHS ~ October JR. AT LAW STREET ATTORNEY 25, 1950. The Sheriff of Roe Harrisonburg, Dear Sir: Enclosed you will find Subpoena in Chancery to be served on Warren Edward Wilkerson, Box 113 at service station, Grottoes, Virginia, a check in the amount of Seventy-five cents, and also an envelope for you to return to me proof of serviceo Very truly, FEjr:ph �• t �.;taunoon, irsiI'..:l. 'ovem.· r 20, l . >0 Ju er::.can st· n y re nt, Va. Divorced l o ) A Oll,;, r, 2na deu . J • r oon On a.--idF101, gu. il ·' 19;.>0., Jc • ,., t t ris , Vi Sta n tan ad.en. Lizzie i' a ho l co -ted orris to to rria o no • . i.. n.n of continued s re 1 vo . ·orris in.., ·;_ •e a ., - nit Crawford's 33 east o Cra.:-:'o J is lo :JJcfon. ,,a.. : 1::lJing nca_ • • "'3 fo.tl s vis· • " •~ , • •. - h t nc r !i.e 1"0 :u ~one ,.1p-•·fa • • occ-.1r -~d, he inqu fo:•-.; r -'Us. state,. ·i:.- ;nvolve;d h :tven •n .:i n , l:. fae so.:.::ic. 1 sr.::.rnett t ·"'irst. • • - • got gc.1.•i;dacros .. ooy : ruffle • then s··ru ncoccd ·,y c ·t. to so1 re to ear. O then 1 11 lli~ ~item orri front .1. da: ·1 go d !l •c ir~ll , -,...'1 t:-.a r ~"0• of the boe.... o_•ria ·ao T. hi.£ l tt, ,1ick, e aJ1.d 1 d told ' 10. i c:et in ·touch e dall De.in t. "'·--f, m V lle, . fi'lett' s car Girl f::-ic 1d , "'ind.inc; no o _ to "':.hi omc, -nc oy C'.lllcd to t il'i a.'1.d sk child infer; te. int., Point on ....1. or ho __ l •n ds y :>e _ seen <·111. -u • "orris on t.:-i tl1a u ugl t'Jly t • • • • ..,, v-:sited 1 t intoriro. tad, yet .o • D~nn to dri hi After being rofus b t v_,lled • Ve..bem. turned to th hooo o. "' .. i :Randall -an at his bro JY, : d visited hi pare tal.c • r; hiia. in quar a 1 e Shiff'Io •t n rr-.o ,:i.,.,... .. w.:..f1lott, D .;. • Aft.ei ffl , c icL' :1usband , n ecided lio 1 a,re. il. tl h-s return tc th, ro tJ"" . tuo ',hifflctt c • to 1 t:1a.t e . c. just loft , 1d rao 'l"iUlkiw.; 1., "A • ra. 'hii'f1....0tt to loav . an vl~le "n-~ had their d01i?l the �( ----- �Jorr-.r .c , Pa...,e2 ••• 01T::..o 11th to !~he 1 nd (~u· ·, 33). ~or:'is tJ:1.0nl .ft tbo house and ra...11 after C'hif.f'• - "-t. On -t.,"' wa he fi :id one shot. 10n encountori ,.. Shifflett and ·1ic wife a struzgle ocet rred. r. ar.d irs. S.rl.fflett. atte ted to ta.kc t,......:)m a"w.,1/' from orris. .i,1e th~ae o t1 ell t.o t grou ..'YJ.d na du_· ng tr ru.ss'.i.c h 110 , . :ired th t £ tally uncled r:-ol y Shifnott. It is bell ved ·,hat a.urln15 ~he suuffle that an ny as fo 1r shots wo f:.red. o io sup . v _.assed near Randall Dean's t i.tck , his irl f:cicntl., :isa ':n.s seated. f, t.cr ''hi lc·tt'"' bo:in1 f tally r.ouncwd, da.11 ·an a:n.d the rn.ufo!'·,~ r""'n to the scene o;;. t,e '1ootin . ro. Crmrlo· J,ickcd t~.t'' ,;.in u.p off t'·,1, ro •1r' 1'.t t :..rew it in to a nearby field. C a,rfo ru1d an " ab orr • a :u1G.in,.. ·"o ~"'d ira that 10 . t.o stay in .,he nc r y ca~ until t.h e o On October 23, Jer.r ,l Lee 1 1 "' "' 21 l ccd ,harles bject ~Jnr>..:ner an· Conm.a.. 0'.) : ' he follo.r.in_; co ' a~_,ain."it 9-h-3;, 1-l 36 6-17-36 11-10-3 di "'O ly; ante , d the olly ollier Ac uit+e UsilH· : fane L~nt. ac &n .... assaulting •• • . erring ·.rith pi~tol con o..od. on hi arson Di~ sscd r rin~ tr.a home of ~ n..ridassa.'J._tin,., '.c.c Assault olly Collier :::'1 •..:s ..ints on Robe t Tate ,hilo in jtil R-17-h2 -1'/-!J,2 17.05 Fina and Cost , appco. ~ in court ;c,nte.:ipt o_ cou:i.·t )., faili."1; .21.25 Fi.~ and co~ta - 30 days jail 2,.00 ,.:.ne - f.o dc~ya S-J.a- pendetl . o::-f i •· d bo ail:1re to rear 7-2h-h3 w.k 1.n reni:::tine are also tm.mty-f:l.ve a· jo1.:. c.y o du ~ "Y g a.nest 1i;;cn1°3, and 1949 on cl i\_,es of d:i: • _-:. m bjec-.., ... "Cceiv- d a 10.0 to ,25.00 om· of tho jai+ sentel':icea ·rere s pended. 01 • clm.r~e of ..,.,'Jko.:~a:inst t:. su jcct :£'or which ·i ' arriaonbu1•g Police Der,ar' ant ::..so :ia., his .l • .... I. . oho,m th'.l.t lC ;as ..tad in , inclte □ ter O! Cct?bo_ 7, or di rl~ conduct.. -ms ;iven a six-10n 1-ia' to .. oo :r ".\l vho cost of c urt.. • v d[,~ra o __ tho scntc·1ce , s se:i:-v <l. cl o 8hors thnt, 1-... s- .b~::ict r-m.sru."rosted in ..m"t:"-nP-u1_, 1,est, -:r ; nin. "or bcin~· dr·.mlr f.Lid .02.>::'oi to a ·7. 50 'xmd. c J ��Lee Pa..;e 3 Jc1• ! IL .. ~TORY: ~01 Lea k nd in a _a lily o:.' four ielongi.n ! to Ho ston , .d y , ney int, Vi i;W.a. The r:-ubject' s J aJ.·entB 1h ol' t s -nilo "'.=e cunt li vin.., on l Albe nrlo ; ar 8tonGy nt. It ifl believed that the pa re o • .... f ta.ti.on b t. it is lmo that in r -r- ti ,er t:m:::, h •st.ad on f cw drunk char .ea. .:.dad ::. liv:L • th his pa d t ct:.on comoartie in • o t 1B to • H~ rried in ; however, sent ti.mo t. wife " a th3 • • Lill~· nd ia T, ro ,~:,rn l.O h L oubj tain::.nrr a, di vorcc fron his ,'if in 1 35 tJ ., with too.:.1 ..other in Groene unty. It, e . o obtai...'10d n. ,i."Ct ! Jerry Fl rri 0 grade o gh the B As &ho to J , r· t, m !EIGH ,D: ; :tild ! - < • is Cl . • Greene Coun-ty. 1 • At the t, . of the offen e!' tho ... bj ct boarding Tlt.h r. a1it Cro:vfo:.·.:i in a ..;ix-rco fra: L:t n, info.. 'fiu.n mo is in tho • oo cert !'>_. r . d is o c<~1.r ied ;y tcly five :pooplc. ~1thou, ~1 t h~ has lived t 2 )Ortion of his _ifo with , his father "'tatcs t:J t hi • _ it were f q ent t rnonth durin t.c1e winter. The fatlierts ho.. is a _our-roo. , tL st o.ctur.., in a f. ir st of repair and locatea. in a !'·"- tc It is share t,y subj ct s 1 a.,.en • , oonoists or arypro.."d. cres of lnnd li •1 is devote to the 1uz· of t..11.reecows " ga!' • n. Owr }'l.._.lfof io a.croag i:J \':ooded :.md the father r..artly by cuttin.., fire woo . It is DJCA"TON: .: " • or reco d, chool for a. proximately ten . a:-.·s School in Green ndcd ~ported co. letin, ru dge Industrial t e , unty. 'ri.ouch the mlhject at.tended tions. lD -rl(. only ldi pa ticipa . ' ,TH: ~ tim. n Episcopal rsu.its 0 d ~-n cl.ritru--..inz sprocs . hich • ool, ~re fre4.10n-Uy. • r _ he haa no church afi'ilin.•• i re th~.t tl:le mf j ct j_s ibel:l.ew d to be in a favo able state of health.. Ot ian oufforino: vr.:.tl-i t,11 u ''"'41 u.ldhood • nta.~'ious ·lis.:iu es, h:!.3 onl 7 r:ous illness -v,ns a. broken collar 1.,one. '!'hi"' occu 11,:..,d as reoult. 01"' tha sabject• o beine u.nk nnd fallin;) ro 1 • rso. "'ho an• s •a,.d.ly could not es·i.abllsh an eJ::a.c·t o ·~lo;nnont record for bin. Ho ver, they a 1.tod t..11 t ... had ,m ked a· a truck .:_ .. r, orchard 1,:-;.bc.L~i:lr., r,~n.,• 11 1· bo an l a., a -o • ral labo r ··c1.. ·v-aliou con truct,ion co...cern.; of Augu .. t:l and Albem:rla Counties. t tho ti of th~ offonse; ,. was tL.ployod b·•t fr. . B. orren o i lkton, ·i rrtnio. world.n • for n. constl·ac- tion c1~ assi :nia.. wd to the Echoles .onotr·iction ��Je....Y Pa.:,e 4 :.s 'tn has no ·oso ·r value. orris, of r 1.,1.l.i :; o . r than a few , rs ml belon,,in.;,;, o"' little fifty-tm> ,ara of age, white, ·vor d, en - d a plea r, 2nd d,33 of his brother-in-1 w, , illi T. f-hiff ett. was prono and a in • to co tt1ecn 1935 a r wai ring a • l"'.7 • retrl t Ccmr···. of thirty-fair charge na;, ..... _ ed the 1 rger ~ r·,.,ion o he haa been e a~ a construct h lod; di in 4 tl h er~ r o. io ngh ti i m e t ~,~ t . ~ in o een a o:>11:ir ·>o,...., fro to PL.iu : r 23 after ..ockinghmn of Du k ny a. s . s :oan a.no. J:iil co :nc r._.s <;nt .... n.11 cord duo nts. , no plan or reconuenc'- t.he nat:.L a.tion is of!"'ered o. Res ct .lly ours, .ilton O. Culpepper P t~on 1d arole OC · ·E . ~- or.:ce ��Fil i_nthe Clerk's OfHc' Rockmg/1, m ~·,,,1ity, Va, OCT ~j 1950 fl-d:-¼~cfe' Harrisonburg, Virginia October 23, 1950 Honorable Hamilton Haas, Judge Circuit Court of Rockingham County Harrisonburg, Virginia In Re: Jerry Lee Morris Dear Judge Haas: Upon examining the above named defendant, in reviewing his account of second degree mutler of William T. Shifflett, I could not detect any extenuating circumstances which would allow me to recomnend probationary treatment to the Rockingham County Circuit Court. Respectfully ~.//. yours, ~ M. O. Culpepper, Probation Officer �t �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon .......Mr.a..•.... Vl......T ......Shir.fle.t.,- County, Greeting: ...w.hit ....Crawi'ord, ............. Mr.s •....Whi.t .....C.raw:f.ar.d.,.....a.nd...B .•....L .....Kis e.r.... ..................................... . to :,pie ar before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at :oo 6 o'clock, a. m., on the ...2or.dday oL ................ Oc.t.ob.er......................................................... 19..50 .. , to testify and the truth to say in behalf of the Commonwealth against ......................................................... . .............. JERRY...LEE....:MORRIS ............................................................................................... . who stands charged with and indicted for a felony ltlot6@~tu~,r. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, _r.R~.:f-&WH~~R;-Gl@MC-otiHtl'-91li4~i'tr-'J.t 'day of ..........O.c.t.ob.er............ , 19 5.0 .. , and in th___.~==s1. TftE SERVICE PRF.SS, HARRISONBURG, VA, the Court House, the ......19th �In the Name of the Common wealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .......Mr..a..•...W......T........Shif'i'le.t.,- ...Wb.it ....Craw.ford, .....Mr.s •....Wb.it .....C.r.aw:f.ar..d L .•...Kis.e.r ......................................................................... . 1 .... and ...B .•.... to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 3.:r; o'clock, a. m., on the ....23.r.dday of.. ................. Oc.t.ob.er .......................................................... 19..50. , to testify and the truth to say in behalf of the Commonwealth against. .................................................. . ................................................. .JERRY...LEE....MORRIS.............................................................................. :............................. . who stands charged with and indicted for a felony ~~tu,-r. And this you shall not omit under penalty of £100. And have then and there this Writ . .Witness, J-:R-o&ER...:f"'6W:E=f~.£R~~M<.-o+~ttH@Mi-Golsi'trat the Court House, the .......19th ·day of... .......O.c.t.ab.er............ , 19.5.0 ... , and in th,;...--r-=,.=,1, TftE Sl:llVICE PltF.ss. HARRISONIIURC, VA. �VS.-{f COMMONWEALTH ,{;/}o/ DESCRIPTION OF PRISONER 1 Last known addms. _--~ Color_ _______(:____ Mar ks __ _____ ( 0 ______·;t_.___ .r Height_ ___~___ ___ .... j_ _____ . ______ ,O________________________________ .. Eyes ___f~ Hair_______ _____ Weighr_J_1 _______ 1 __________________________________________________________________________________________ _ f':c,, __~-1- __ .....__ ...______ .__________ ...__ ....._______ _ Age __________id_~--____ Occupation. __ Date of Trial_ _____j Result ___2-__~ _P-/r _y_)_-f:_! ________________________________________________________ _ __________ 2-__ __ ~ _ --------------------------------------- �----..----,,.,-----.-------- �Unit ........ S'TIATE............................................. . PrisonersReportof Rockingham CountyJail .Date Put in 8 -:-:7'.'.".50....... . ...................... R. Co. Jail.. ........ 1~.r.r..~.f:!... ........................... . . . .... J.t3.1:'_1:'_Y. .~t3.t3..}v Name Address Male 1.1. .....Female Separated ......... Age ... Widow. Vocational 40. white ...Single ... ·widower Illiterate ... Married .. ............... Gr. School. Drug Addict ........... Inebriate College Employed Race Reason for Being in Jail. Awa.i.ting Occupation ..trial Divorced ...X ....... X High Sch ........... .. . ...Lab.or ................ . .............................................. . Reason for Release from Jail ... Amount of Fine ................. Cost .. State .. Federal X ........ Sentence Time .. . ..... County ............... .. .. .................. . ........ City ..................................... . Towi1 ................................ Army Others ..Navy Offense FeL ...... X ........................ Miscellaneous ........................................................ ABC .......................................... Ins ............................................ . .... .... ..... ...Date of Trial Date Committed .. Court Committed Transferred . .Type of Court ..................................... . from ........................................................ Condition ......... Date of Release ........................................ . From Reason for Transfer Physical . Transferred To ................................................................ .. . ............................................. ...................Contagious Disease, If Any ........................ . .. ............ . . ....... .. ............ ........................... Deputy and Jail or ............................................ •·· ............................................. Sheriff ��BOX 238 STAUNTON, VIRGINIA Hon. Hamilton Haas, Judge Circuit Court of Rockingham County Harrisonburg, Virginia ��TRIAL JUSTICE COURT Criminal Docket 5957 Com'th V. Appearance date 8-8-50 Trial Date d-o-50 2lea ot Guilty - P Ri • • A �,4;AI-! ✓g--3 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Jerry Lee Morris Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1950 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_016_003 Morris https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_005_commonwealth-v-jerry-wayne-craun.pdf aa0a5f013869be5f8e1dc9364e67bb7e PDF Text Text statutory ra?e ~- - ~.//4u'y </j;f/t1- /' y/;/1- /~/-~ ~7~~,),¢t ;c.~/ .z;?d~- '!fa/fol- ,A,~,J'A 9/.22), I -- ,w~~R/ ~~,1-J ?'~~/ k - S' y-..4J-,-, - ��My name is ___ J_e_r_r~y...__W_a~yn_e_C_r_a_u_n _____ . My address 119 North Main St., age. Bridgewater, Va. I am ----20 years is of I have been told that I need not make this statement unless I desire to do so; that everything I say must be of my own freewill, and that anything I say can be and will be used against me in a criminal prosecution. I have also been told that I am entitled to counsel. Nevertheless, I do make the following statement voluntarily this 14th day of July, 1961, in the office of the Commonwealth's Attorney, Court House, Harrisonburg, Virginia, in the presence of Commonwealth's Attorney James R. Sipe Deputy Sheriff G. M. Wilcox and Chief of Police E. E. Harrison of Bridgewater, Virginia. Last night, July 13, 1961, I went to the lawn party in Bridgewater. I first went down to the lawn party about 8:30 or 9:00 P.M. After I got to the lawn party I saw several of my friends, who were Donnie Andrews, Bob Neil and Dennis Propst. While I was there at the lawn party I noticed Dennis Propst and Bob Neil playing bingo and a young girl, Betsy Whetzel, was sittin next to them. I did not know Betsy although I might have seen her around Bridgewater before. Dennis Propst and Bob Neil told me and Donnie that they were going to take Betsy for a ride. They borrowed Donnie Andrew's car and took Betsy for a ride. They were gone approximat one-half hour before they returned to the lawn party. When Dennis and Bob got back, Donnie and myself were sitting in my car which is a 1949 Ford. Donnie and myself saw Betsy Whetzel get out of the car and go back into the lawn party, then Bob Neil saw Donnie and myself in my car and came over and said that they were going to take her out again.to get some. I told Bob Neil that I would follow them in my car. Bob and Dennis then went back over to Donnie's car and Betsy got in the car with them. Then either Bob or Dennis called for Donnie and myself to come on and go in the car with them, and so we decided we would all get into Dorrie's car and go together. JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. Donnie Andrew's was driving his car and we drove down to the river. We drove around underq:ieath the bridge whish is located on the south end of Bridgewater. We then parked the car and Dennis Propst and Betsy Whetzel got out of the car. They walked down by the river to some bushes. They were gone about 15 or 20 minutes and then they came back to the car. Donnie, Bob and myself stayed in the car while they were gone. After they got back into the car, Betsy Whetzel said lets go some place else. We then drove down the Mt. Crawford road, better known as the airport road and parked beside the road. After we had parked, Betsy Whetzel said "whose next". Then one of us said asked Betsy which one did she want, and she pointed to Donnie Andrews. Donnie Andrews then told the rest of us to get out of the car, which we did. Bob Neil, Dennis and myself walked down the road a short ly ��- 2 distance. We stayed there for about 5 or 10 minutes and then Donnie yelled to us and asked us whether we were ready to go. We then all got in the car and drove towards Bridgewater. Betsy Whetzel then said; "Well, there is two down and two to go". I believe Donnie was driving at this time and he turned the car around and went back down to where we had parked on the airport road. As soon as we parked,the other three boys got out of the car. Betsy Whetzel was already seated on the back seat and I got out of the front and got in the back with her. As soon as the other boys had left and I had got in the back sea:, Betsy asked me whether I was ready - and I told her I was. She then took off her pants and I took off my pants and shorts. Betsy Whetzel was lying down on the back seat and I then had intercourse with her. I inserted my penis into Betsy Whetzel a couple of inches. I could not get my penis all the way into her. We had intercourse for a couple minutes. I then stopped and got off of her. I then put my clothes back on and Betsy Whetzel put her pants on. I then called the other boys to come on back that I was through. After the boys got back into the car, one of them told Bob Neil that he was next, and he said no he wasn't. Betsy Whetzel then said to Donnie, lets go up on the hill, but Donnie told her we had better be getting back that it was time to go home. We then drove back to where I had my car parked at the lawn party at Bridgewater and I got out. I then drove on down to the fire station in Bridgewater. Donnie drove up right after me and the other two boys were with him. Donnie asked me where he could get some gas and I told him that I thought the stations were closed, b t that he could take the other boys home in my car, which he did. I took Donnie Andrews car and drove on home. When I had intercourse with Betsy, I did not use a rubber. It was probably sometime between 10:00 and 11:00 P.M. last night when we had Betsy out in the car and had relations with her. therein I have read the above statement and the facts stated are true and correct to the best of my knowledge. WITNESS: £c,~ JAMES ATTORNEY R. SIPE AT LAW HARRISONBURG, VA. 1 d 1 ��July 20, 1961 I, Betsy Whetzel met Jackie Long on or about June 10, 1961, near my home on West View Street in the Town of Bridgewater, Virginia. We went for a walk. We walked up on the levy and then on upon the hill (Popes hill). We sat down close to some rocks, he asked me how old I was and I told him I was eleven (11) years old. We were sitting there awhile and he asked me to take off my clothes. I said I wouldn't and he said he guess he would have to take them off. He took off my black and white slacks and my underpants. Jackie had pushed me down on the ground and forced me to have intercourse with him. We had intercourse for two or three minutes. He held me down on the ground. I could not get up. I tried to get away from him but could not. After he quite, I put on my clothes. Then he drug me by the hand over on the rocks. He told me IE.had to go to Harrisonburg to bale some hay. Then he said he would see me sometime. Jackie me. This was my first time to have intercourse with anyone. Long said I had better not tell or it would be to bad for �' �July 20, 1961 I, t y Wh tzel met Jackie Lon on or about June 10, 1961, near my hom on West Vie Street in the Town of ridg wat r, r inia. We nt for a walk. W lk d up o th levy and th upon (Popes hill). We sat down clos o som rocks, asked 1 I was and I told him I was eleve (11) y ars d. e itting ther whil and he a k d me to a of cl I id I woul n't d h aid he gues h woul have ta ff. He took off y black and white lack and my d rpant o Jae tie had pu hed e down on the ground an forced e to hav int rcour e with him. • had intercourse ~or two or hr e minut . held e do on th ground. I c uld not get p. Itri d tog t way from him but·could not. After h. quite, I put on my clothe. Then he drug m by the hand over on the ocks. He told me had to go to rrisonburg to bale som hay. hen he said he would see me sometime. Thi as y first time to h ve intercours w -b anyone. Long sad I h d better not t 11 or it would be to b d for JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. �I 0 u I 3"Ha I .Si 2.3MAL WA.J TA Y3i<l10TTA .AV ,l:JHUBM021l1l1AH �yn ............................... -1 i 1 __ Ma.......,in ____ ......,_ ___.......,_..._ _________ .....;A._...,.....,._. I ..... Y ______ o__ 0 th" st te ent ng Is y ust b of my own e and will b us d g inst so told th t I do ke th follo -~ 1g y of July, 1961, in the office ·t ~ u , Harri onbur 0 lth's Attorney James R. Sipe o . olice . E Ia- ··"' n of ev-r~th he Virgin Deputy Bri h o Last niuht, July 13 1961 .st yin d m ft r I got to the 1 nt or re Donnie An rew th re at the 1 m i t :f.ngo and a th. . ot kno d. my o r.'.dgew te . before. p,, •• Dennis Propst and Wh 1 ~ s ttin ·x might hav ea her nnis Propst and Bob 1 .il ··old e r t t et y or a ride. Andre, 's a d too etsy fr _do w o e-half hour be~ore they returned to lawn party. Wh n in it Betsy in y c etzel o • \· i .b is a l bac c Do nie and ys lf o d. Donnie and y lf r .•.! oat ly e e caw the .ar and go ba k into the la party, O the Bob leil sa Donnie and my -lf i my car and cam~ over and aid that they we .. oin to t ke her out again. to g t som . I ·old Bo Neil th t would f llo them • . my car. Bob and D nnis then went back over to on i s c rand Betsy ot in the c r with th • Th n ~t r o o Dennis c lled for Donnie d my~ lf to c on and go in th car with the and sow ec ed would all get into D ' car and go togeth r. Don i JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. t 9 ey to r a s car and we drove down to the river. o und th th bridg ihish is ...ocat d he r.1.w,..-.c,,vcu, . ..::: n r and Dennis Pro st and o t of the car. alked down by th river to so They were go e bout 15 or 20 inute and the they cam be.ck to the car. Donn_e, Bob nd ys lf • yed in th c-r while they were one. After .hey ot b ck into h c r, B tsy tzel said lets go som place el e .. We then drov own the Mt. Crawford rod, better nown as the airport rod and p .rl<.ed be id the :o d. · r·-w h d p rk d, Betsy etzel id "whose next". Th m e .. id a t·e Betsy which o e did she t, and he poi,t d to onni An r ws. onnie Andr ~ h . told the rest of u to ~ o t of the ca, which we di Bob 11, D nis nd mys 1 w lk d down the road hort o �391a WAJ .AV .fl TA 23MAL Y3'11ROTTA .DHUS1'10€tHHAH �- 2 - t ot t ly B r d t her JAMES ATTORNEY R. SIPE AT LAW HARRISONBURG, VA. C r o t t • �... 3918 WAJ. .AV . .R 23MAL TA. Y3.vlHOTl"A ,clHUE"10CISUIAH �Jerry 1 \ My dr s 1 I not ing o s r t 0 Deput ridg Br dge :00 P J l; 13. t do t to th n And t la o d a n or not knm fore .. t they t ly t i sy Wh n Bob d th told Bob ty, t and and 0 in.t car .. et y or D d o t I i 1th woul d a t 15 or 2 my bac th or ob 1 s ch r JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. s to d y ut of o th 0 y 1 �3q1e WA.J ,AV .H c3MAL TA Y31,!ROTTA ,.>>lUBl,!Ol!I>IRAH �.. 2 y t got Jr o oy th d t t Bets k I h ~ er n r two b ~as r. we th n i to the 1 own b dr I h he o had Bri o cl· Aft "_ I th he hat • l then c er. tout. I r. with him • tha get d, b t a h • took D rubber. It wa last nigh1.o hen ith her. th I herein ar IT •S: JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. 1.nter o r ably s et ad Betsy u tru d corr bov, ct to y I di en 10:00 P .. car and had r lati ns t and the fact t of my knowle t t d • �3q1a WA.J ,AV .S'I c?3MAL T Y3HSIOTT/ .aRUSHOa!HffAH -- �C!!nmmnutttealt4 nf Bitgiuia GOVERNOR'S OFFICE RICHMOND to r 6, 1961 ....i-..,..-n, n,wwh,, U V V 1 onbur • V • i . i '"ini J ti 1 f t tut l, 196 th Car fu1 eo ·id rntion tis C c. irgini . h been i in act th• ttorney reby oord er 23., 1961. in conn ction wi h he , ; .eril' • 10 f ective �3::>r=r=tO 2'HOl-1R:3VOc) Oll!OMHOIS:. �F-1~. l0M-12-53 SP DEPARTMENT OF PATHOLOGY ROCKINGHAM MEMORIAL HOSPITAL HARRISONBURG, VIRGINIA O.P. Date 7-M.-61 Surgical No.p61-167 Service of Dr. ARMENTROUT & RIDDEL Sex Ffil'AIE Age 11 History No. Name WHETZEL,MISS BE'ISY Tissue Submitted: Ward "PAP" SMEAR The smears from the outer vagina, deeper vagina and from the two swabs, submitted with the smears all show the presence of spermatozoa. W. H.1'ALBOT, Pathologist M. D. ----- �L L.J l i r �s t m r 27, l. 'l The Honorable J., Lindsy Gov rnor of th Co on Richmond, Vir ini Almond, Jr. lt of v·~ e: Commonwealth v. Jerry D a.r ~overnor Wayne Craun l.lmond : In connection with th above gation was .. de by my office and the ilia.r wit:h all of t" e d t· ils. Thi rep tation in th " ity whee... ppearancec !s itd Jtr·o g qu ~ sua ly mature o s w t d t . o ider bly lder t• ppear ce of being old. h~v·or an y a~y to re est t d she is no. _ ervisio g"rls. com.lete investio £ice, and I am ems to b . .,.. ood , oo ~rom 11 good citize o T.e age and all of the u n the th ctu 1 In st 16 17 y ars to ey her p~r n~le.Court to a om for de~i qu ' Based upo~ my knowlecge is my r Ofilllendation that this o boy Rep the facts p r on in thi 1 g 1 y you Jame R .... ipe Co o alth·s , Attorney JRS/sfd \ , cas, it �I' �Comp. Form 18 STATE OF VIRGINIA COUNTY OF _______ TO ANY SHERIFF l No. _____ _ f i______ OR POLICE To-Wit: OFFICER: Whereas, has this day made complaint and information on oath before me, -----'==---====--=....:e........:=-..e.-==-=------CName) Ju tice of tha __________________ of the said County, tha~-------------- (Title) did on the to-~ it: 3th s, in violation of ection Cod 1 0 These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said County, the body (f>'a4i of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color ____ Address color ____ Address ---------------□ color ____ Address ------------·---□ color ____ Address ---------------□ color ____ Address ---------------□ as witnesses. 14tb Given under my hand and seal, this._____ ~. J ly -~--~cJlD--~~~L~~~-<Title of Issuing Officer) J 5T-C OF TUE E (Seal) �STATE OF VIRGINIA-COUNTY OF __________________ I. . a ___, to-wit: Judge of rhe County Court Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that and --------------------------~ to the Commonwealth ($,________ as his sure'-----, of Virginia have this day each acknowledged themselves indebted Dollars in the sum of-------------------------------------- ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: land5, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court County clay of _____________ ~ }9 ___ , That the said ____________________ County, on the _________ of at _______ M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain _in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said -,--------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ day of ________________ , 19___ days _ Judge. J. P. >-,l .... 0 ;. "., C: "1 (j 0 ~ s· ,. t'1 X " n s:: n 'O no ~::, "' " ;. p. ... ~ < !" ;. p. :," .;;· " ">4 ., s· ., .... ::0 ::0 ;. ". ~ ~- .,., :," IJQ -" .... 'Zl >-,l .... 0 ~ Ei" ,. >-,l ... 0 ~ (j 0 ~ "' 3 3 0 ::, :li! ,. ~ (fl s:: 3 3 0 ::, s· OQ ;. ~ > s,. .... .,s ::I " '< ,."'"' ~ t .... ::, "1 ""'"' " "., '-< ::, > :::: ,.::, p. tl:l .,p. 0.,.., ::I n (j ;.., :,;- ~ ;. ., IJQ " > .,., "~ to t ..-; ., E ~ ., .,., ., ::, '° I > ::0 ~ ., '< p. ~ z l:rJ ::0 > t"' ., t'1 (fl ::r: C. ~ ., s:: p. i5. ,. '< 'O ::, 0 -. "e:. '< <: ;:;· s., .,.., " <: ;:;· OQ IJQ jii" iii" ~ ~ s· s· 'O 'O C'" -. 0" -. "... 8, p. -Y> " ~ p ~ p. ::t> ., .... a: 0 ~ ..... ::, (j 0 a:: 0 "1 (I'\ >-,l 2: ::, l:rJ 0 z>-,l 8, ~ ., n > o· ::, n n > ;. " 3 t, 0 ~ :," " "' 0 tll 1-3 s· Q s:: D. .., 0 ::I tll :," ... g_ 0 :Ii! r 0 >-,l " g p ~ ;. ... ;:..· (j 0 IJQ ~- s ""' "' ""' :Ii! .., .... ... ,. s:: .., 0 ..... '° (j 0 l ::I s:: '..< .., n () 0 IJQ e. ... p. N � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Jerry Wayne Craun Subject The topic of the resource Felony Rape Description An account of the resource Defendant charged with felony statutory rape Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1961 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_005 Craun https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_012_commonwealth-v-john-clifford-gabbert.pdf b3cb050bb9fe87c6e5a67251db7941e7 PDF Text Text -/....:...#_£ __ _ Docket No.,...... 2:...... COMMONWEALTH of VIRGINIA I 0 ) vs. ) Misdr. (appeal) ) "-------- JOHNCLIFFORD GABBERT .., 1, cl. --------------~P· Own 1962 February ( ) 26. Appointed ( ) Docketed. April 26. Jury impanelled, &c.,; evidence heard, verdict of guilty returned, and punishment fixed at fine of ;µib00.00 11/12. CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �>< n ~ -; "' 0 ,.z z 0 "' z ~ .. ,, w " 0 0 UI (D :c r > w "' ��I • �-I COUNTY COURT Criminal Docket N<! 36823 Commonwealth V. • (/ De. JR,_\""Appearance Date Trial Date "I J,-- ; ~ / <- - '1 - (..J - ( / -- / t> C/ ·7...--- A ��Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: the Commonwealth to appear __ before T Count~~ ____,/_..:J_-4..._day of /:~· of sitting , 19{ 2.., of Virginia to summon _________ at Harrisonburg, at the hour of to give evidence in behalf of_..:eLe::::'::.5.l..~,,.__..:..<-!/,__,__,'-.:,,__ ___________________________ tn the pending case of _0_.__..<~,;;.-=i--__,(_JJ~~~-------.,-------------------------- v.-2 ~ Ciivenunder my hand this Virginia, .L _ m said County, O!ko. on of that day _ cJJ_ Clerk Asst. Clerk �The County Court Docket No..J ___ 6cf,,l_j c:__-<LL ( V. ( Witness Subpoena ~~ J__ Io <f P. <¢ 2-J U1>--... I I �Witness Subpoena Commonw;ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: to appear ___ before The /...., ...,.J,_;-<L_· day of o nty Court of said County, <]:"..i , 19~2-;-at sitting at Harrisonburg, the hour of __ Virginia, in said County, ~.:2_~-~~"-~~~----of on that day to give evidence m behalf of_~-~~-'-~------------------------------ uJ__ Clerk Asst. Clerk �The County Court ____ Docket N o._J~ J)., ..!J ~.~Lf ( V. ( Witness Subpoena ( �Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: onwealth of Virginia to summon _________ You are h , to appear before The __ _,/ ...... J_~_day of nty ~ur} f~ of said County, sitting at Harrisonburg, "Z4_19<!:.?..-;-atthe hou, of to give evidence in behalf of_~_.=...,___,__:::.._r ______________________________ m the pending case of -~-=""'---':....:.....::::.._ ,)_ Virginia, _ in said County, on 'p,frL_ of that day _ _---LL _________________________________ _ 1 �Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth J. R. Berry, to appear ---1-3 before The County .... t~b~_day of Court of said County, February to give evidence in behalf of __ m the pending V. Elkton, case of _______ Virginia, sitting of Virginia to summon ________ works at Brill at Harrisonburg, , 19__6_2_,at the hour of ___ Virginia, Funeral _ Home in said County, on __.2 ..... ·"""'0"""'0____.._P_..--=M=-'-. ____ of that J_o_h_n_!B_a_b_b_e_r_t _________________________ day _ .... C.....,ou.J..Jmu.m.L.J...L.o~n..,,w"-'e.....,..a ... lt_....hu._ _____________________ _ John Gabbert Given under my hand this,___ ')-lo( __,,____ 1 day of ~ Clerk Asst. Clerk �A.s �I_ • �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded ..... Rayslohd ... Greeting: to summon o•.... B.e.:r.:ry., ....o/.o to apt)ear before the Judge County, f.µri.~.:r.~:i. ..E.9:rn.~, ..]l::L_l<:t.9:P.,....V:i.r.gi1:1J.~ ........................................ . ....:S..:r..:LJ;L .... of the Ci:·cuit Court of Rot:kingham County, at the Court House thereof, at 9 :30 o'clock, a. m., on the 26tAJ.ay of ........ Ap;r.:iJ.. . .... .. . . . . , 19 .~.~. to testify and the trnth to say in behalf of the Defendant in the prosecution of the Commonwealth against .................................... J.obn ...G.~.P P..~ r.t .... who stands charged with and indicted for a f<ll~ In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the16.th. of the Commonwealth. William A. Julias,p.q. misdemeanor. day of ........AP.rJJ. County, Va., , 19.9..?, and in the .1.8.6.th.year �EV':CUTED/{-:~~--:~. 1 tN THE COUNTY OF r::oc1<1~~GHAMsv DELIVEWG A TRUE r COPY OF THE WITHtNd~ TO~.. IN • PEW11,,, -- J ..Q..fist ......... . ~-~~-a.r.✓• 00)11 £/ICT. •• •• R. C. s. R. c. �In the Name of the Commonwiealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Trooper J. R. Failes .........~~t_t;y ..Armentrou t ...- ...Gifford ..........Joan ..Helder ...- ...Gifford ..Hall,. __Madison .. College ............................................................ . ..Hall, .. Madison ..college·········································································· ..........~.arol .. Bishop .. - ........~•................. •.~················~·•···················~·~·················································································· to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the .....9-:t;:.b day of ......:PIJJ ................. , 19..J?.i,to testify and the truth to say in behalf of the Commonwealth.bdoce.tlM.-..and-~, against .............................................................................................................. . ............................................................................ J.9.lm...~iJ..ff.9.J:::4 ...fJ.~ijB~.~t .................................................................. . who stands charged with aoo-iM.tiideti..f@i:a f4t~ll)' misdemeanor. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ..JJ~.J;lof ................P.'fJ:1-....................... , 19..9.f.,and in the ..1.~§.t.J::lyear of the Commonwealth. �...., 1•,(,j\JTED1///1,ffJ-, 7" . _;Q:[IN&r l' G~PY J, .... .J-- • • 1h' c, r 1 ~ --' ~ ..,AJ!;C'J':J pP,t"'J ':f'R C~UNTy OCKfN. , .,.,;., .... , p?-· \ TRC·· co· ~ 1 fl~ 1 '"!,.I\ 'l'F 1,)l'H -~ T~~ : ff Ji41!(?:/,t?y .+. _,-:_,r, 1~,u ~, • • • • • \J • • ._ .. t~ill h . 1' ( ~.,;(- ~. - • -·· ✓:--~~4~. I , ,. ---·" EX:-ru,i:;!"'l~n;' IN Tr--:ECOUNTY OF kG~.~ li'-l~H/.t-/1 BY~ C!:l--!Vttl4'-lfr, A· .;-·mUE E"Y,...,..UT[~ Y(~. IN THE COUNTY OF r._o;:r<:INGKAM BY DELIVE.RING A TRUE CO?Y Of THE WITHIN~~.; !9-#~- ./.~ COPY OF THE WITHl~~- ......... . T~~ PERSPN·p~~-- ~~tR:?~ ",:£,/.;~~S. By .cf/~&.#.: ..... D.S. R. C, &.~~~-R.C. By .:1,:/.~~ -;: r.1) -· •• •• • • IN R. C. .. D.S. R. C. p �ST ATE OF VtRGINIA-COUNTY OF -~~r-+----G'---'e__,_,l:rr'' ..... M ......... 6->=-.,HUJ'+e__,,__..,_N'/:...+-----~ I. ___________________ a Judge of the County Court Justice of the Peace: C h'f!i5£. that ($ yet upon this condition: That the said-;J:of/Af oe..J<,rt(,.../.l of ~M /./A l?R,1$0/'I/ in and for the County aforesaid, State of Virginia, do certify T- ), to be made and levied of their respectiv}f~o~s be rend to-wit: c:1t. and chattels, land5,_ and tenement~ to the use of t2:t /ma-wealth ,EF,,eD ~ 'BBERZ:shall 9~ County, on the day of to appear before the Court 7tp,e, 4.J ~ . lQ' ~ at 9'.'l, c> JOM., at fscJ,e (;.._. ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; all6 upon the ftu thu condition that r~d ------,,,--..------------ ""m '.•:~: shall keep the iital bH ''")' :7c :g~"""d,: J lie 9f good bebu jer fer I perje;;Igf ----------~ 'd"~ by i"Y B!e" 1,fr ~ Judge. j:-'P:- ' AT ;. ... t'1 ,.X ., C n < C: n 'O !" ;; no ,.5l::, ,.::r Q. ;. Q. ... ~- t, ~ :::0 :::0 ► z (") .., _oss ~ 0 ....., s1 ~ 0 E (") 0 ~ "' ::, ,. ~ ~ ;. ~ 0 .., ,. ::, '< CJ] s ~...::,,. a0 "' ::, s· "'> ... ... s:: CJQ ~ g- ,. ,.::, ., ::, Q. ... "' ... "' n '-< ~ "1 ,. ,. .,::, (") ;. .., :,;- ~ ► ,. ~ ., ;. CJQ .., ,..., tr:, ~ 0 0 0 :::0 :::0 t'1 CJ] >-l E ~ ., .., ... ., a ., C: Q. 0. ... "' '< n, ~ ~ g, ::, '< tr:, 0 ., .., Q. < :;· z p ~ 1:2':1 > t"" .., :x: 0 ., CJQ s· -s· __;· F. 'O Q. < :;· CJQ ~ ~ .., 1:2':1 z ► >-l .., ~ (') z>-l "rj .: 0 >- ;. ,. (') 'O 'O .,.., n, ~ 0- ..... "' ... g, 0 -Y, ;. n, n, "' ..., ::r n, [ 0 (') 0 rn rn .., ~ go s· C: .., CJQ p 2 .:a~- ~g,. ,."'"' 0 ::, ;. "' (") 0 C: r (") 0 C: ::i 9 "' .., ... ~ 0 .., n, n, .., - ... n 0 CJQ ::, ,:r ,. Q. �Comp. Form 18 ST ATE OF VIRGINIA COUNTY OF ____________ TO ANY SHERIFF _ OR POLICE I No. _____ To-Wit: _ OFFICER: Whereas, has this day made complaint and information on oath before me, (Name) of the said County, tha.._ _______________ _ (Title) ________________________________________ did on th--- _____ in the said County ,day of_______________ , 19__ : Unlawfully __________ _ These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said, County, the body (bodies) of the above accused, to answer the said complaint and to_be furthP.r dealt with according to law. And you are also directed to summon: - color Address color Address □ color Address □ color Address □ color Address □ as witnesses. Given under my hand and seal, this _____ day of________________ (Title of Issuing __, 19_ Officer) (Seal) �S. P. 82 REV. DEPARTMENT OF STATE POLICE 7-21-58 .;:.../-=:.__-"/'---"q'-'-- __ on __ Reckless Driving 0 (---Lj _____ Speeding at~;J~' _____ MPH in a ____ _(J_PM, MPH Zone I Other I hereby promise to appear to answer for violating the motor Chauffeurs No Operators License 0 559850 C vehicle laws of Virginia, 0 to wit: Illega.~------- □ l.. at the time and place specified above D Suntmons ginia. Defendent's issued Failure separate to under Title comply 46.1--Section with this 178, Code of Vir- summons constitutes a offense. Signature------------------------------+--------------------------- Trooper Shield No. ( All traffic fines for State violations Fund for Educational purposes. RACE DEFENDANT SEX ' " EYES J are paid into the Literary WEIGHT FT.' HAIR CODE HEIGHT .,IN. MONIH BORN _ OPER. OR CHAµF. ., / LICENSE NO. MAKE I VEHICLE ICENSE (' , CITY NAME OR TOWN TYPE t YEAR NO. STATE STATE f,.,, OCCUPATION COUN BORN ~ .,/ JURISDICTION, YEAR £1 /" I I OF COURT County OFFENSE DATE 11-20-61 PENALTY CONVICTED GUILTY □ NOT GUILTY E] .)riving under the influeLCe of intoxicant OF DATE LICENSE IMPOSED 1 year NAME PLEA OF ARRESTING YES □ OFFICER TITLE OF COURT OFFICIAL Jud..;e C 559850 This abstract is filed by the Judge or Clerk of the Court having required by Section 46.1-413, of the Coda of Virginia, as amended. jurisdiction of this case as 2-13-62 SUSPENDED? ��Comp. Form 18-A sTA TE OFOFVIRGI~--~-~_e_r_i_s_o_r_,_iJ_u_r_,,f!::,'-. ______ COU'N~ _ - c::.t:,. TO ANY SHERIFF OR POLICE I No, ______ To-Wit: OFFICER: J. . . :;_:;i,:'..les \iVhereas, Jo : ~ tJ i: has this day made complaint and information on oath before me, -------------------- J Svic~ f ~ e ______________________ _ ence G. le '...:e (Name) of the said Cmm:t?y,tha1- ______________ _ These are, therefore, to command you. in the name of the Commonwealth, to apprehend and bring before the _,cC'' i ~Lh2.t1 . County Court of t~: rod County, the Lody (b:ro;!res) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: ---------------- □ ___________________ color ____ Address ------------·------ color ____ Address ---------------- □ __________________ color ____ Address __________________ color ___ ·---------------as witnesses. color ____ _ -------------□ Address ----------------□ Address ---------------- □ �~::_t:r -,-,. "~,~b O STATE OF VIRG,[NIA--<;_~ OP---------------------. I, 1.,.., a ., ,,:_~[, to-wit;.. Jmtse·o"Hhe:Cowi'if"Courf Justice of the Peace in "' 0 t•· '1 and for the C(?l1~: aforesaid, State of Virginia, do certify that __ .,_''--'---, ~ to the Commo ( $__ 2r,o .c..,,_..,.___.c......_),to - Dollars be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth Jo' be rendered, yet upon this condition: That the said ..,.:,."t_ 0::..-·'_'....,l=-.::,· • ,... •l_!c_0 ·..cm...c.... ___ _________ of _______ have this day each acknowledged themselves indebted ~t.-'T------ .,....'"' cnt 7 - "-h __ ,... , County, on the ---~-~-v ,-·p ,~SC Cl :._f_:'r·. Ciiitiil shall appear before the "!-"' c e .."" day of --------~---·--------, ~ at ') F M., at '-' Virginia, and at any time or times to wltkn or further heard, and before any court thereafter having or holding any proceedings in connection with the for the offense with which he is charged, and shall not depart thence without the leave of •said court, the said and effect until the charge is finally disposed of or until it is declared void by order of a competent court; County r 19__ l, the proceedings may be continued charge_ in this warrant to answer obligarion to remain i~ full force and upon further condition that • ~.J.P.· 1-o:j (1) a'< (") 0 "' &: ~ [ 5· n ~ 'i c+ '\ ~ (") e. S; &: :::, ,ii ;;.i ;: > § 8 ~ en (D p, I-') 0 t--j 'i 0 ::s p.. (/) p.. (D 0 C/l ::s c+ C1 0 § ::s (1) c+ p.. I 0 I-~ 4 Ii c-1- a ('i· ::s t-' Ill f-1) I-'· ::s(D 0 p..;:-p.. (D ::s 0 p ::s 0 0 0 0 en I-' \..,.) c+ f-1) (") I-'· t--j O I-':=;' • t--j ~) <'.l en "i ~ CD Ill O ~ c+ t-' c-1- ::s I-'· (1) ::s f-1) (D ~t--jP,(D c+ 2. E{ nI-'· -p.. ::s Cl 'd ---- ill C/l I-'· Q, ::SOc+t-'l p, (1) ~ ~,. e. 8- ::0 p, ~ ~ (1)':, § Ill ::S f-1) I-'· f-1) °' 0 t1 9 90 0 0 • ::s O'Q t--j H) ... 6' 0 0 f o;:;,- "i ci· p.. (1) (1)~ p.. t-' Ii N~ ;=j 0 w -- 0 '-0 \ :=;-o ::s~I-'• < i= • 0 p.. t-' f--j (1) 0 f--j (1) (0 Ii ~ ~ ::s p.. ~ s· n "d I-'· ~Ill ::s ""1 \ ""1 c;c ::s (1) a. sn ss· () ,., ~ c,, .... r0 .. 0 Cl- Cl- - '< sn 0 0 V, 39 0 :::, 5· (IQ § s ~ ~ a· 1l "" ~ ::; :::, .,Cl0 ,., n ... '-' (") s::: ?,-... 'b ~ ~ r:: ::, ~ I ~ ~- if Cl- 0 Cl- -< ... ~- ~ ... a. e: s· .,, _F" n J" :::, .,... e. ~ ~ .,... Cl- a. ... .. 'Tl ll n... ;,;- ! n ~ ~ Cl- .,... n g .:; 8 (IQ ~ ... 1l if ~ (") 0 V, --i V> ... .... .... n 0 ~- t to Court c:: :::: .... r a. ~ r:: 0 g �COMMONWEALTH v. GABBERT CHARGETO JURY If you find the accused motor vehicle spirits, ($100.00) while under the influence as charged his punishment guilty in the warrant, by a fine of not less of alcohol you will than six months, in jail either for not less a or ardent say so and fix than One Hundred Dollars nor more than One Thousand Dollars by confinement ($1,000.00), or than one month nor more or both. If you find him not guilty, more. of operating you will say so and no �C. �COMMONWEALTH V. GABBERT I INSTRUCTION --The Court offense any beverage while containing in this completely while completely alcoholo or whether drunk, whether or not he was under jury, from the evidence the test John Gabbert to himself while and others, of intoxicants in such condition in this to be a motor vehicle which must be determined introduced or was he had the ability the influence said motor vehicle is one of fact of alcohol, he was operating with safety of the is the operation Therefore, nor whether such vehicle question the gist charged case is not whether drunk, was driving stands that under the influence operate this the jury of which the accused of a motor vehicle applied instructs case. to but and and by the ��COMMONWEALTH v. GABBERT INSTRUCTIONV The Court instructs has drunk enough alcoholic the jury beverages disposition, speech, or behavior, as to be apparent be under the influence muscular that any person to so affect movement, general to observation, of alcoholo who his manner, appearance is deemed to ��COMMONWEALTH v. JOHN GABBERT INSTRUCTION The Court to be innocent by evidence of every reasonable case, at every accused made benefit in the case, all reasonable thereof, consistant of the guilt of the defendant, however is it sufficient weight if the greater in the warrant, reasonable doubt. unless strong, and to the throughout having the entire heard to prove the charge duty to give the defendant Mere suspicion is not sufficient or preponderance such evidence all of doubt of the guilt of the or as to any fact essential it is their of the with his innocence. and if, after of the doubt and find him not guilty. the charge doubt, the jury have a reasonable him in the warrant, the defendant in the warrant goes with the defendant stage upon the whole case, against as charged hypothesis of innocence and applies guilty beyond This presumption the evidence the jury that the law presumes until he is proved Commonwealth, exclusion instructs 5 NO. or the probability to convict, of the evidence amounts the nor supports to proof beyond every ��COMMONWEALTH v. JOHN GABBERT INSTRUCTION The Court cases beyond the burden a reasonable instructs to prove doubt and not on the accused upon a consideration the witnesses and the circumstances should 4- the jury that in this case is upon the Commonwealth If, therefore, the minds NO. of the jury a reasonable as in all criminal the accuseds' to prove himself of the whole case the testimony shown in evidence there guilt innocent. of exists doubt as to the guilt of the accused, in they find him not guilty. I ��COMMONWEALTH Vo GABBERT INSTRUCTION£ In considering burden of proving Court instructs able" nor its on reason, whether the guilt the jury of the accused that meaning. you should A reasonable imaginable, conceivable In passing trial must limit of this doubt, cannot proof essential to the proof doubt concerning If, evidence, after a reasonable a convinced If, hand, viction of all the evidence of the truth reasona?.b#. in mind that to to create of guilt. any doubt testimony or from ques- and not a mere circumstances. consideration of all of the of doubt as to prevent of the accused, you then the burden. after an impartial in the case, of the charge, at the inferences inferences of the accused of the guilt to meet its presented should be a doubt of a material in such a state Commonwealth has failed sideration bear and honest belief on the other to find and nonessential your minds are left from reaching fact, of the guilt immaterial of the charge, and reasonable from conflicting of any particular doubt, beyond every go beyond such evidence should from lack of evidence, tionable or possible to the evidence nor can you go beyond such evidence arising the the word "reason- of the proof the natural the jury doubt, doubto consideration The jury Furthermore, fact with imaginable upon the sufficiency including be drawn therefrom. not overlook a man must be proved guilty or possible its case, beyond reasonable doubt is a doubt which is founded and is not to be confused for the law does not say that the jury or not the Commonwealth has met its and reasonable you have an cbiding you are then satisfied con- con- beyond all �C J �COMMONWEALTH v. JOHN GABBERT INSTRUCTION NO. nt, _..aael The Court the defendant of an intoxicant, fact, the jury that before they must was driving the motor believe vehicle had one or more evidence, badly sufficient if it existed, like every other drinks of an alcoholic in itself that the defendant material and must have been clearly muscular movement, fact, must apparent his manner a reasonable while under from the evidence be proved may have been from of speech the influence beyond his general or in some that this alone upon which to convict was under the influence beverage, nor is the fact that the defendant evidence they may find beyond and even though the jury may believe is not sufficient driving instructs guilty of this charge, doubt that the accused the defendant further him; but the of an intoxicant a reasonable appearance, similar way. doubt his �,, 1 • .L J �COMMONWEALTH v. GABBERT INSTRUCTION7 The Court instructs witnesses is a question appearance exclusively of the witnesses the reasonableness mony, their apparent candor and fairness, they speak, witnesses to the parties, if any, the right credit circumstances to determine appearing the interest of their weight testi- apparent in- of the of the of the witness and from all on the trial, which witnesses accordingly. manner of the relationship if any appear, and what is the relative and to give credit their of and from the the opportunity to know whereof surrounding their and consistency witnesses of the trial, the credibility for the jury; or lack of intelligence, in the result that on the stand, testifying, telligence the jury other the jury are more worthy of of any such testimony has �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v John Clifford Gabbert Subject The topic of the resource Misdemeanor Description An account of the resource Defendant charged with a misdemeanor Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_012 Gabbert https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_013_012_commonwealth-v-john-d-long.pdf 4dd927717d1de4ac2d0db86bf87b27b7 PDF Text Text COMMONWEALTH OF VffiGI IT , COUNTYOF ROCKINGHAM, to-wit: In the Circuit Court of said The jurors for of the Commonwealth ~f Virginia, the body of the county at its County: of Rockingham, said Court that John D. Long, on or about April with a certain leaden shoot shot, gun, tnen feloniously one, Lucy Kiser, then and there the peace Pearl and there and of his malice her, the disable, in said county, gunpowder and aforethought, said did Lucy Kiser, and kill, is found on the testimony D. H. Radford, and Rodney Howdyshell, witnesses the grand evidence. jury with do present against of the Commonwealth of Virginia. indictment Hussey, oaths 23, 1937, loaded with intent and dignity and now attending 1937, upon their to maim, disfigure, This Kiser, June term, in and to give J. W. Bazzle, sworn in Court of J. F. E. E. Kiser, and sent before �FA Commonwealth vs) Indictment John D. Long t • Felony June term, A True 1937 Bill: Witnesses:.,.... J. F. Pearl D. H. J. W. Kiser Hussey Radford Bazzle t/ E. E. Kiser Rodney Howdyshell D. W. Earman Commonwealth's Attorney �ORDER F COURTJULY16 1 1937 Common·mal th v. John D,. Long Upon the order of the court attorney for of the felony for the period port .:i jury of sentence of a commission, Wright, two qualified sanity of said vonvict it now appear 1 s to which verdict by the court consisting of Howard Armstrong physicians appointed that pendir1g tl e re- of said to inquire into ,.;-!\· it the court; commission this said J>nvict is insane, t .. and J. as shown by f.;)rmer order of this g from t e report turned and f1led term or court, ln t e penitentiary and six months,, was suspended Long, end his punishment fixed at confinement of five years n. Jo.hn form.er day vf this for ~hich he was indicted, ve1~d1ct e,f said the passage ct.ree again the duy the commonweal th and the defendant, who was convicte-d by the jury at by tie this and day re- 1s ordered that said John D. Long be, and he is hereby committed to the department for the criminal arion, Virginia, insane there in the Southwestern Sto.te Hospital to be kept as provided by la\"1, an at pending his removal to said institution said convict shall be safqly ·ept by the sheriff of this county 1n t e jail of tnis county; and that the olerk said institution the commission, of this ertifi€d and all court cause copies orders to be mt1.de and delivered of' the indictment, entered int is case. to the report of �ORDEROF COURTJULY 9 1 1937 Commonwealth v. �~ - • • .,._..,_,...,., ..... ..,,...,,..,.._., __ ,..._, __ ..., __ ..,_,. .. .., ... ---•-,.. .,.,.., ... .,..,....,,...- .. .,y ...... Jw., JJ .. (. I t ~ t '-- .,,,;: l ~ /i ., . , f' . , ,, ,. ; /(r rt' /, A-~ c; ,, rl ,,- f: J 1;- rt . ;Ir / J /1 I-• I I ( <: f- h...t) ' / ~ t...C '" (f'/,-L t'f'l a.,&Z,.~ /( p;... ..._,('~·- f ~ to f e { - I- �~ ~ :, . ( ', . 'I ;· ___.:, I ) ~ ~ f I J �COMMONWEALTH V. ) Felony (fa) JOHND. LONG I J,,tJ I 9;;1rv /., J {J ~ !) /;. ~-~ • �~ NJ 00 -:i -.J �Hon. H. W. Bertram 12-5-41 -2- It is my opinion you have jurisdiction under Section 1041, to furlough Long and under section 1040 to deliver him to the custody of his wife under bond. I am preparing an order which I request your Honor to enter, furloughing Long under the authority of Section 1041, as this is the section under which the hospital authorities contemplated the order would be entered. I do not see that it makes any particular difference under which section jurisdiction for the order is based. If your Honor will enter this order, we will have the Clerk transmit a certified copy to Dr. Blalock and Long would then be released on furlough filir one year. Very truly GPY:MS yours, ��CAMPBELL & ATTORNEYS AT WYTHEVILLE, STUART VIRGIN LAW IA B. CAMPBELL GEORGE STUART CAMPBELL P. YOUNG B. CAMPBELL, JR. December 5, -1941 I Honorable H. W. Bertram, Harrisonburg, Virginia. RE: JOHND. LONG Dear Judge Bertram: I have a copy of Dr. Blalock's you of November 28, regarding Mr. Long. letter to The contention of the Marion authorities is that they cannot release Mr. Long because of the last sentence of Section 1041 of the Code. They further contend, however, that this section applies to the Superintendent of the Hospital but not to the Court and their contention is based on the fact that Section 1040 expressly applies to both the Superintendent and the Court and that the Legislature must have, therefore, intended Section 1041 to apply only to the Superintendent. They say, therefore, that it was not the intention of Section 1041 to prevent a court,where a person wasconvicted,from furloughing him with the consent of the Hospital authorities. This seems to be the construction that the hospital has put on Section 1041. Your Honor will see that under Section 1040, the per on referred to by this section, as we understand it, is a person (1) "charged with crime and subjectto be tried thereforTT or (2) 11convicted of crime and subject to be punished therefor.TT Long was convicted in 1937 and has been in the Hospital since July 25, 1937, a period of four years and four months. Under Section 4910 the time a person is confined in a criminal insane department shall be deducted from his sentence. In other words, had Long been in the penitentiary he would receive half time off and would now be out. He would have had to serve two years and nine months on good behavior and thms his term would have been up sometime ago. Therefore, now as of the time your Honor would enter an order furloughing Long, he is not v1ithin the purview of Section 1040, TTaperson convicted of crime and subject to be punished therefor.n If he is not, as provided by this section, the court may deliver him to any ftiend who will give bond with surety as provided by this section. With regard to the la_l.t clause of this section, even if it be regarded as applicable1o Long's case, which I do not think it is because he was not found to be insane after commitment, the letter of Dr. Blalock, in effect, states to you that Long is harmless because certainly Dr. Blalock would not agree to a parole of Long if he were not harmless. ��IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA: COMMONWEALTH ORDER v. JOHN D. LONG This to enter day came counsel an order State Hospital that reasonable attorney the Court since having that having said would give of her Long adequate in person ability, it D. Long be forthwith St te Hospital is further forthwith certify the Southwestern dated said said Hospital November 28, 1941, Long is within the realm Long to ~released that the said Long's on relatives and Mrs. John D. Long, the Court supervision of the said John D. Long, and made oath that of the said Long,to ordered and furloughed at .Marion, to institution of said Long, wife is accordingly and it in said supervision, before paroled It appearing assured and adequate of said County, of the upon being regulations to the by letter for to the Court has been given ~uperintendent he is willing careful appearing Long has been confined and the and moved the Court from the Southwestern and it motion same as Mrs. Stella appeared western of this of intelligence or furlough give the accused Virginia, to the Court and that who is the best said 25, 1937, the level parole the accused the Commonwealth of this reported of normal will notice that July furloughing in Marion, for for that from the in accordance with the said she John sa.id Souththe rules and institution. ordered that a copy of this State Hospital the Clerk order of this Court to the Superintendent at :Marion. the do of �COMMONWEALTH ., v. ORDER JOHN D. LONG Enter this ___ December, 1941. Judge f~r/9 day of �_,_---- ·------ JJ:;7//'7 ~ ~. • ~ • ~~.~ 1~ • ~ ~ ~~~ 2=_~~ I 7 Ii £ ~ �I I 1 ;tlrJ~\ 0~ ' JI" �~ r?) INSTRUCTION NO.__ The oourt further of BUsp1e,ion no matter guilt. instructs the jury that how. grave ar strong The accused oan not be convicted he must be founi not ga.ilty proven beyond all every reasonable faets Q,,~Ai.--- pro?en. reasonable theory unless oiroumstanoes are not proof of upon mere sus~icion; the fact of his guilt doubt to t he actual of his innoeenoe consistent is exolus ion of with the �o -( rlt • -xut 1l - ,-:r.•...u n ·.c .. '! 11 J. 0 0 .. .L �INSTRUCTION NO. The court prejudiced instructs the e ------ jury that by ree..son of the failure the accused is not to be of the Commontfealth to point out any other person who might haTe committed the crime or disolose evidence not called neither of some other upon to vindicate is the fa. ilure person as the guilty consideration cused. criminal himself of the evidence agents, by naming the guilty to point party a circumstance in determining the guilt and the accused 1s that person; out any other you nay take into or innooenoe of the ac- �• i IJ , •• ,. J �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA. COMMONWEAL TH . vs. • JOHN D. LONG •• CHARGE TO THE JURY. If you find you will the accused, say so and no more. If you find in the indictment, confinement him guilty charged, for a period years, fine by than one for a period or, shooting, of unlawful shooting, his punishment of not less in your discretion, as by than one by confine- twelve months and by a fine $500. but find the indictment, finement of malicious say so and fix not exceeding If you do not find aforesaid, him guilty then you will year nor more than five not exceeding his punishment of not less but find him guilty in the penitentiary ment in jail for a period as charged ten years. in the indictment, confinement shooting, say so and fix in the penitentiary If you do not find as therein of malicious then you will year nor more tmn charged John D. Long, not guilty, him guilty then you will in jail not exceeding for a period him guilty of either of assault of the felonies and battery, as charged say so and fix his punishment not exceeding $500, or by both such fine twelve months, in by conor by a and imprisonment. �Commonw_ealth V John D. Long Charge to the Jury �et t.~ v jt, v-} /11 _j_ ~ The Court tells to b given the j;iry t0 to t are authori~e t· e peirties, re ult testi 1 f if t ~.is case, the ny ... t e s t' r::ony of seom to inf' r ch •.;itn , ntitl ss s a d tt.>. f d1f consiaer erer t r -ce per, under dtness t1 ir fe 11n-;, testifyin; tion; in determining t.te rel e is proved; ·~ 0- or w~ile d tho jury that, a in this tionship int 11 th iv rest, if or bits, if such cr~dit circumstanc case, of the witnesses th ir apnRrent to the weight any, in the eny ha.· intelli on ence, to th.ts s such witness i- ��INSTRUCTIONNO. The Court accused defendant ed against goes with to every that wealth they instructs is presumed him in this the accused stage thereof. cannot proves his find guilt k the jury to be innocent case and this throughout the accused of the crime unless the charg- of innocence trial further guilty '"- 4-e~ the law is that presumption the entire So the Court ry-,:1. that and applies tells the jury the Common- ~ ��(/3 ----- INSTRUCTION NO. The court oumatantial caution instructs evidence evidence, should be used. the time, conduct or such of these if any, must all in the application to the determination and vigilance etantial the jury that place, of the case, of oir- the utmost oases of oiroum- In all means, opportunity, motive and facts. as may be proved with other facts, pointeMii out the accused beyond all concur reasonable doubt as the guilty agent. sufficient where, assuming all to be true which the evidence tends to prove, some other reasonable is the actual exclusion mere circumstances indifferent which of several lishes only some definite probability there of the offense evidence, innocence, although his guilt for it Where the evidence theories is true, or estab- in favor of one theory, cannot amount to proof however great the probability Although the jury may believe case that be true, theory which invests with the force of truth. it be, theory may s,till of every reasonable leaves evidence Such evidence .is always in- there is a strong from the evidence probability they aannot reasonab·le still, of this if upon the whole theory consistent find the accused guilty; and this it may appear from the evidence are greater may that the aoeueed ie guilty charged in the indictment, is any other such than the probabilities that With his is true the probabilities of his innocence. - of �[ �TJ ��IN THE CIRCUIT COURTOF RuCKINGHAM COUNTY,VIRGINIA. IN THE WLA.TTER OF JOHN D. LONG, CONVICT. After able grounds and it investigation to doubt is ordered physicians, be, the Court the mentality and they are, hereby as they and report the condition to the Court time of their examination of commission of the offense of the jury, tory of his case with being insane quested to sit of the it said has reason- John D. Long, C. E. Conrad and J. L. Wright, that make such investigation verdict declares as provided opinion return with their in the investigation and said at A COPY. , Clerk. at the the time convicted by report a his- of one charged commission as convenient. to and proper of the defendant of which he stands or feebleminded; ATTESTE: ---------------- a commission may deem necessary and in their and shall as early appointed qualified is re- ��ly ,., , n?:r-t V) ._.._ t.., I 1, .~ .. , ~'"o~:r,.,"' L.: P To,m r,_urt r. T, :1_;, up o.: r.:.r>t 1 :.0:1. "::>1 ~9.n.'.. t:7 e__,to r1 0 m· r '-r, "~ fol o.~: 4 ... ...,)r:z'"ln__ r :'cr :nt ;:; ·.:.-1~o h..:.s ,..n. :'l av ..,~ r': .... ;-i,;:;, r ....cp ..., C' 1 • .:.nl r ::v _'1,L, .t- I _,., Ls -J. .:.s no fo:r y.__r,,._s '"' t ,... :: 'Ili "bove ~mm_; -'an ,. :n"e .1"..vl:-i-- nee ~n~ 0,., • t.: 't. :1( VG of .... h.:.~ c:.s. l'l:'.) ~ l , 3.ig t:n or t 1 psy o., c_1..:. so ..,'-' f'ift ":!t r :~ .., • •_d, :1 n, , '10 !,...,s~_:f.ic .. r'1 ) ~l l1 vl • O..:,_;_ .:._J.., ' L ,~_rpc"' · ·,,.1 j,uc,..t.:on...1,h r_,,,,·cn :.. t ~1is _ _._.:_~:; e. ]. ·,1 19. of U.11"or his .,s .... t he i('t 1• ts. cs~, tn.c':" of my uiu, ~ ad'lt:on t~ 8+ -~7 ing ru~s tl1is P-rLoJ of ..,.:.nL, _.-iro ·1c~ "· det . .:_-_· Jn of m.i.-::i ..oul~ r n'er ...r,1.,; ~u' 6.. t;.;n~ ..i.mpo<::"ib1e, nn' () --"'i ve ,'iJ n. Le":;; i- :n"'3.n nn1 ,,,_oJ.l' e; co 1..:..tte -'-,o ri i:r:::. i v �~ Ii \. �{l, ~·)) f J1U-~ (I" l:w.J Prisoners Reportof Rockingham CountyJail"it~ Month of .. .......... . ...............T· Male Pia Remale .. of Birth. Physical 1/ j .. .... .. Age . I( Condition Can Read?. . Date Comm;tt,<l ...................... ,nce~Smgle Foreign Born ..........Married .~ ···············?1- ...............or Drug Victim? ·i·~Occupation ...... .. . Held for Trial.. Fine ..................... . ....Divorcecl .............. . .......Time in U. S ........... Years ........... months ..................... Is Person a Drunkard? ......Write?. .... .. . . . ~~ ..2,~ .193 / . .... .. Held for Grand Jury .. State ...Sentence ...................... Years ..Costs ....................... Time in Jail .............. Months .. .................. Held for Penitentiary .. Held as Insane .................................................... Held for Other Authorities ...................... Behav;o,. •••••• •••••••••••••••••••• •••• Height ....................... Weight... ~~~~~!~;!;~ ::t,P:l:~:l::g, . . .. . .. Color of Eyes . .. .......... ... . Y#if / / cal~. of Hair ................. . T,eeth Marks ................................................................... Hand Marks ................. . Arm Marks ...................................................................... Face Marks ....................................................................... . Shoulder Marks ............................................................... Back Marks .................................................................... . Thigh Marks .................................................................... Knee Marks Calf of Leg Marks ............................................................ Foot Marks ................................................ . Fingers Off ........................................................................ Mole Marks Neck Marks ...................................................................... Breast Marks Left Arm Marks .............................................................. Right Arm Marks .................................................. Left Leg Marks ................................................................ Right Leg Marks Fine After Prisoner at Jail; Amount to State$ ...................... Amount to City$ ........................ . ............................. ............................................ Deputy and Jailer .............................................................................................. Sheriff . �-~- �COMMONWEALTH OF VIRGINIA INQUIRIES PATIENTS DEPARTMENT OF PUBLIC WELFARE POSTAGE RELATIVE MUST FOR REPLY ~nutqntt.atrru~tatr Jln.apital SUPERINTENDENT'S JOSEPH R. BLALOCK, SUPERINTENDENT OFFICE M. D. MARION, VA. June , l..,38. on. Lf. \.1. rertr8..~, J·.1d<..,--, C..'...1.··ct..i t Court of :,oc'rinb:1 1il Cou11. e.,, E rri son bu. _, ·ri ginia. I be[ to fubmit a r--Jort concerninb the. ent~l condition of John D. Lon who ~ar co~aitted to the ~epartme11.t fo Crimin~l In8ane ~t fouthwe tern St~te Ho~ it~ on Jul 1~, 1J~7, ~aving been convicted for a fe onJ. nccordin tot. e historJ this m&n began to have epile ~.t lR ..J.a"i~ested 1--:rconvulrio.1. G.bout J~O ~nd thefe CJnvul -.:. ns 1.::...ve co'1.t.inucd t t irr·e:;ular intP-rv.:;.ls u •... mtil t·1~ pre; en_. time. ~ - p& Lo_ t.i. dis~as, e~ileps, he h~r ~ mn chan-es in personal·t~ a 1 deteriorrtion. It if opin·on that t t·~ pres€nt ti~~ he is insant. R~s_.;>ectfull, ~Ii?-~ /j;s~J~ ~. JRB/c Iltl~c~, . D. f:..u er-intena.ert. TO CONTAIN ��JOSEPH R. BLALOCK. M. D. L. SUPERINTENDENT COMMONWEALTH STATE HOSPITAL OFFICE SOUTHWESTERN HUBBLE. BOARD OF STATE MARION, H. STEWARD OF VIRGINIA HOSPITAL VA. "November 23, 1941 Hon. ii. Y'lo Bertt'cm, Judge Circ it Court of Roc~l~gham County .darrisonbur 6 , Virginia John D. Lon rl·: 0 De~r Judge Bertran: At the re~uest of relcttives ~~d other parties, I am submittin~ the follo\i1: t.1e c:;.se of John D. Long together wit other statements &nd o.i1ions. lnt~~ested resume of 1 certain At ti1e June tP.rm, 1977, ')f the Circuit Court "'1 Rockinz~am CountJ, Jo~ D. Lonb ~~ indicted for a elo1J. At the ss=' term o: the Circuit Court he vas tried ~n~ ~oJnd 1ilty oa ~,i~ L~1icL~ent ("'1...... 1ici01..:is shoo~i_ -:) . His ~,U'1is :m nt [....f ~j_x,,_,d ~ t five ye_rs unj fi~ mont~2 in the PenitenLiary. Be~ore sente~ce w~r pa:~e1, the court 1~cl~rei l·e .son2,b1e ...,rounds to doubt t'·1e mentaJ_ity o: the 2aid John D. Lon and orderea .iF PXamin&ti, bJ a c ~m is2io~ o: t .. o uc.li!'ied 0·1 r, ici, '1S. The t\,o µ:1ysicic...1s er-- Hov:a.rd 1-il''Ilf ._ron_, .r.:.D. an:J J. L. V:ri__:ht, 1L D. .e-1.fter exe1.riination r1 c ,m lete i'1ve; ti :...ti0i1 these tvo 11.1.cici~ "' -~P ct~ed &:1 opinio:-i to the co □rt that John 0. ~0~_ "ir i1fan~ nn::.i. s'i:1011ld be CO'"'li itteJ. to a.::1 ~.,' 1m ~~or t. crir1,inc,. _ ins· nell. On t' ,e tc..sis of t' .L findinc.:; -.nd re_ort the court ordereci 11tnc1t the sG.id JohD D. Lon~ h", an:.. he i.s hereb,/ conr:ni-c;ted to the Deilartment 1or t1r Cri1inal Ins&ne in t1P Sout1~estern 8t~te Hof,_ital at ~&ri)~, Vi-sini&, th1r8 to ~e ~Pt s~ )rovidr i h ✓ 0 0 c le... .n ~on::,, l .. ruedJune ..,,-,, 7_J.7, Jo nD. \:c..::.o..::.~.ittea ~0 t e Cri i11a_ I c.cl _€ De)S.r-1-,._,,t o: the ,.o Jthv.e:=,t r 1 S"'c,.te ,.ios)ita.l c.t Ilarh. , Vit i"'ia 0n Jul ;:,,,f, l..,,';.7. ~iJ 11:..r b t:.. c ntiniJ0 1J~l., \.,, fincl in that D. 1:..rt~ent Fi ce tn~t d~te. 01tLif 01·-r~r 1 ��Hon. H. \,. Bertram November J8, lv41 -2- As the result of our cxamim ...ti.0·1s, continuou8 observation, and collecteu. 'listorJ, ve h:ive determined that John D. Lon 0 ~ been Jffering from conVJlsive diso-rder (epilepc:J) for a period of more t:'lan 2 years. It is our o~i1io1 that Mr. Lo"1g is fhoviing considerable intellectual deteri.ora.tion bees.use of repeated convoLc:ive seizuref. A JS chometric examinatlon done in April, 1940, sho ed him to have an intelligence cuotiP.'1.t of.~. This level of intel-ire1ce i. , ithin the re&lm of .-1ormal but it ls our opinio1. that at one time 1.:r. Lon__.had a higher i'1 tellec tu:::..- levP-' than t'1a t l:1J.i1,.;o.ted.. ie continues to have c:onvJlsive E"i::.i.zurr"", bot~ 1nild ~.n:1 ~eve ·e. Pr 2ceeding a.ncl f ollov~ in r4o seizure 1 ~~as. _rids o~ confusion o~ var ing duratio ana aegree. During perioi"" between convulc:ive seiZUt'':::S :...'1d th9lr L,.CCOID)8.TI' i 1g )he 10m , Mr. Long is ment~llJ c 1 ea~. In t~is HosJital he eets alo~g satisfactori:y and is able to live on one of the uieter wards of t~e Crimi'l.al Insane De.artment. Althou~h 4r. Long is still an e ileptic ~nd i. sho~ing fone intellectual deterioration, vre woula be vH: ling- to ·cslea:::e • .im on parole to the care and curtod o: his r1latives after bein~ as sured by them th~. t t .ey wo l.lld ~-ive him careful and adequate supervision in order :,o ,rP.vent 1im inJurin~ himse ! duri7g ~ convulsion, if VP ve~e m1 thorized to di) s,) bv tJ.:e court. \~e would prefer to leave his ~inal disc1arge rJm the order o~ commitment t.;o a further orue of the cou-rt. Very :ruly yours, J7:!f R.~~f!::!::~~ • uperintendent JEb:ME ���������.. ,, " ++ �6 ARREST WARRANT The Commonwealth of Virginia,} T o-w1•t R oc ki ng h am C ounty, To the Sheriff of Said County: Whereas, ______ ;r_._F_. _K_i_s_e_r _______________ made complaint and information on oath before me, Harry of said County, has this day Lee Bryan, Clerk T. J. or J.P. T. J:. Court of the said County,-tha:t.__,=J_o=hn==--=D'-'.:.__:L:::...o=ng=---------------------------of the said County, on the ___ unlawfully with against 2~3-=r----"d'---_day of and feloniously intent the to maim, peace shoot disfigure, and dignity , 1~..3.2_, in the said County, did.___ April one Lucy Kiser disable, of the These are therefore, in the name of the Commonwealth with or kill Commonwealth the a deadly said _ weapon, Lncy Kiser, of Virginia. of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said __________________ _ ;fohn D. Long __________________ to answer the said complaint and to be further dealt with according to law. 24th Given under my hand, this Memo. ef Commonwealth day of __ ~A~p=r=i=l __ _ Witnesses: Name Address RFD ,,. IIu .sso/. _____ -_"_·_- _-_-_-:...-:..-:..-:=_"':_":_":_-:_-:_ __ "_____ D.1/.,ttd,r,~cL __ D8'1__.,___J:_to_·~--=--e: ____ " ___ J. vl.f3a.. 2:2- Ie,_ J'~.i.e.. Jm;e.£m!['Tf V1•J!~l-flmmim-l £. F. I( I~~," If.eel n~r ,¼wf/y..rAel/ _ _ �STATE OF VI \ ~ I, . , in and fo11the County (T.J.orJ. of Virginia, do hereby certify that .. ~ L Commonwealt as his suretv O lt..!t f Virginia in the sum of ,verally waived their exjmption, .,a- · N , ~--9.,,, • : rd:ethis u-} - day acjmowledged ---. dollars of Rockingham,- State ~ JC./ and . LS:...,.. themselves ($ indebted /000~, to be made and levied of their goods and chattels, yet upon this condition: shall i]f'ear t?-Y< [.,, to the ) as to That the said before the Trial Justice Court of Rockingham County at £ -----,X,7':,t2.~d~~~dk...~.£-!ZJ~ __ , on the / day of _ __,c__:_--'='=~---• 19~, at//.· Ot!l t:?, o'cloc A. M., and not depart hence 1thout leave of said Court, and at such other time or t' es to which the proceedings may be continued or further heard, and before o.ny court or judge hereafter having or holding any proceedings in connection with said charge, and then and there answer the Commonwealth of Virginia concerning the within charge until the same is finally disposed of, then this recognizanc_e shall be null and void; otherwise to remain in full force and effect. Given under my hand this, the_-'-/_/ ____ _ ~1 ... (!) Jt ~ ~j .... I-< ;::j 0 u a; .u..., ..... rJ) ;::j ,-., ......... c'.l ~ .µ t ... ... 0 Cl ....... C1l i:: "§ ·;:::: u ~ «! .µ ~ C1l <IJ .:2 i:: .....·- -< ~v ....... -~ ..c +J"'O .E g u; :> C,!j 0 ::J ~ !' e ¼: ~,'}: rl \ C: -~. \11: Q: ~\ "1: ~: ~ ¼ : ~~~~~ <) ~: ,j' ,-~~ -~ ...c ..... ... ~ ~ u e.o v C <I) --+ .~ ·i "' f'fl C1l ><-ril ~ -~ ~ :l u i:: ½\.½ A C<,)('I l'- ~10 '"d '"d (1) i:: 8 0 :§ > C1l ""Cl '1) <I) 8 ~ l ~ ... ·- .-s ti1 0 .-s i:: en '---v--' ~ i:: 0 t::...o ... ... <I) u i:: '"O V, <I) z..... > .µ C1l ci ~ ..0 0 C1l 0 I >--... i:: ~, ...... \ C1l i i fF,- fF,- : ~ <;;$: VJ: l-t~l: : ~ ; fF,- ':Fr i fF,- V, ., Q) i:: µ:: .s ~ V, ....... ;:l ~ ~ ~ ....... .µ V, ti1 ~ OJ) Q) u i:: Q) ... u ~ -< V C1l ~ i:: .µ Q) Q) I-'< ·a 0 s fF,- ~ OJ ~v i:.r.. Q) -~ ..... V V, -~ Q) .µ ::, ) i:.r.. V, ....... ::, e.o <J) ~- ~ ':Fr tA- V, V, V V i:.r.. 0: i:: "'C1l V, Q) ""Cl i:: V, 13 .......\ C1l Q) \ ~ i:: >0 Q) 8 i:: V, Q) Q) 8 b i:.r.. 8::, B 0 ~ ....... -~ Cf) ~~ u-:i:: ....... Q) ·- .µ <)\ ,~ q'-'?JVJ ~ -\ c-- �~·"~~·½ ju~ ~ /I o ·d-e./( Jjlij:Jl - : I /, tF. /~\ 1?,,.. l J .[, 4, . J' I I' 7, ?~ I 'l I 8, (f.t.A,-.; -__. /~ ~-.lJ,"~ . I ' /1 .$"6 /-l (/ ►1 y ,,,.... .S6 .,, '..... -r (i S'6 <~ /. l 1----r I I s (J g' ,ro - ��.I �• 92 99 �Witness Sub oena Commonwealth 18 of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: to appear before the Trial Justice Court of said County, in s,id County, on /1 dayof=~~ of that day to give evidence in behalf of _ in the pending case of ~J}z sitting at ~~ .,194,a~rnf _.,,{L....,~..,_~-#---"'~~LlJ-~..,.....f. .... ~~_.._...~~--t----------------- ~ 1 ~- //:{)Dam, �1 ... .. I < .. ., .£ I I "' < ;; \ ~ \ &wwwb@flfl/4 •' : 1 : L. I ~ rn -.:, (1' ~ ~ .--: !""" "=> ~ 'l i ' I ~ I l v. } Witness Subpoena I 'i I i ' ~ !)L il''7 Q~ w 7 1o/ ~ ' ! 'I Doclcet No. / '\ 0 ' Trial Justice Court ' ")' " ' ~~ ~'~~ �to appear before the Judge of the Circuit Court of Roe -~,ty, at 9:30 o'clock, a. m., on the ... J::/.~_day of ........... .......................................... d,y of Sllll.VlC ■ ••••••••"'1:l?/19} P&ESS• HAl\alSONIUl\G 1 J.7 < And have then and there this Writ.,d- OBERT SWITZER, Clerk of our said Court, at the Court House, the . 1,•nd fo th,f~/~(f~°'"Wom,,'.lth /J THE 19 a felony 111i-sdem'f!ifn<ir. And this you shall not omit 1111derpenalty of £100. Witness, ]. :.·..... ..... ... ~U~~ to t"tify and th, '.~'.h ':o ,,y~:•'.~=~;?"~'.':'~??;RAND who stands charged with at the Court House thereof, YA. .//k............. .. ' Cf,,k �- �to appear before the Judge of the Circuit Court of Rockingham. C~e at 9:30 o'clock, a. 111., on the .......r./ ....k.hay of......................... ................................................. 19 to testify and the truth to say in beh~o~nw~ ..................................................... fk. ................................. ......... :.7············· ..................................... .............................................................. misdemeanor. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of ou-r said Court, at the Court House, the .../.t.d day of. .......J~.M .......19...,.7,and , THE SEJI.VICB PllSS, in the./.(/?/..:~'JYf ....~~~.~lerk HAJI.USONBUJ.G, l'A, !.-_/, bf/ore the GRAND JURY ..................... . .............................................................................................................. who stands charged with a f~ Court House thereof, ' :he Commonweal):). . . . �1"~,rtinCltni,c "V ~ ueuat plac'!I of abodel'?t14: hhs family I"' {~LA/~~ IYV l , n- .,,.,~ -7 '~o"e\ng a memb&r of abov& the age of t 6 years, and , <r.:>l~ning the pun,ort thor~t)f ~ ~~ ~ •n ner, ~ ~gke_( ~ t' :i ~ CQ ~ }118 US~il'J. '- c-~ J U( ... ~~~ J , ,..,,, " r[; ~- ~~ 0·1, Ufq')lM -:u ,~'1 ()l.,., "'I·~ \ '-""'I ?.-('./. ~ I ,~.r') .~;} <-,1 / Oy_·'J C ;,J'Jn:,ox"F j/ �In the Name of the Commonwealth of Virginia: To the Sheriff You are hereb)) commanded to summon.......~: to appear before the Judge of the at 9 :30 of Rockingham County, Greeting: ~ £ ...... ... 11:..: ... .. -······························· ..................................... 'jl,2!!,. Court of Rockingham Count)), at the Court House thereof, 6 da))•of.···················z;······'·····'···~·j?'························································· t~ ~ on the.................. 19.2 ...7 . o clock, a. m., <o t~tif>: ond th,. tmth. to '"";#!'2Pffl of o ....::;;; ..•- • __ _ • who stands charged with and indicted for a felon)) ~ And this )Jou shall ,not omit under penalt)) of £100. Witness, da)) of J. ROBERT SWITZER, "Jr4 Massanetta Paper Co. Print J9i.Z And ha'11ethen and there this Writ. Clerk of our said Court, at the Court House, the......~.... ond in thj~~ Cfo,l FORM NO. 457 �Executed July 3rd I937 by delivering a true oopy of the within 0 ~ummons to Mrs.R.W.Howdyshell and 0 am Groggs ea n1n person. ---------------------Deputy for J.W.Bazzle,s.R.C. Not finding Dr.Foster at his usual place of abode nor any member of his family upon :ahome service could executed July 3rd 1937 by p~sttngiaga$rue copy of the within summons upon the front door of his usual plaee of abode and leaveing same posted there -~-~-------------Deputy ~ ~ ~ J·'~~ for J.W.Bazzle,S.R.C. "' ~ ~ ~~~ "-- ~ " �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: /' ~...4 .... i:....~ ....k.~... ~.... r····••'-k~ y OU are hereby commanded to summon....._2... :: :;~' .:;~:: '.h, ...tc--/ :.:d:: :Lti'.£~;"'' of~oc·=~:oi;•··~: :,tz al th,~ou,t~o=, I lo testify and the truth to say in behalf of the Common ealth against .............................................................................. . ·················································•·····························_L~.11..1 ........... ~ 60-- KT ... ·················································· who stands charged with and indicted for a felony ffl-isd-errreanor. And this you shall not omit under penalty of £100. SWITZER, Cle,!, af ou, ,aid Cou,t, al th, Courl Hou,e, th,......:2:-j.:!:L WitoeM, J,tOBERT of • Massanetta did Paper And have then and there this Writ. • Co. Print r,,.z!r 2'~ 19 J:J.. aod io th,. I ~"'F.::~ealth .../l,,,..,.--............................... ........... ............. ..... f--- ..., Clerk FORM NO. 457 ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You a,e hmb, commandedlo '"mmm•·-~-~---~---[~.,;:- ~) ~::-:::;;,~~ :::;~"' ..~;~:~: :he :.:d: :LZ ~~;u•~• ~•: ~•;1;'.'.'h,:~;.u•~;•, ,'::::•:; '°' ..•~.b•b•II ..•! t)'"__ n,r,,.,,,.,;, . ·············-·························· fat,:;:;:~•:; l~:;:.;h ...agam'.L •••••••••••••••••• ...·····································•···•·----····················-·························---·····•·············-·············-······························-····························· who stands charged with and indicted for a f elon}pnisdememror. And this })ou shall not omit under penal/}) of £ I 00. d,, And have then and there this Wr~ =;,•=; ~:t;~~~ s~:}t:.~1'.:k ,:~ Massanetta Paper Co. Print ::•,~,•~::::::?: FORM NO. 5 �Executed July 3rd I93? by delivering a true copy of the within summons to Mrs. Lucy Kiser,Virgil Hummel,and Ed curryand Delivering to each$I.50 for Cb ft.');1g>,\ldenqe, ; ~ J - J ~ J ➔J ~J ~ ~ ~ J}~i~ n,~ usual J)laoe of al.?odo c: ' r , - ~ - -hie famUyabovo the age of 16 ;ears, and expl to her, - ........ - - ., , \.I t ~ �SOUTHWESTERN STATE MARION, HOSPITAL VA. Hon. H. ~- Bertram, Jude Circuit Co.Jrt of Roe dn ha:.G Harrisonbur~, Vir-inia ��AFTER FIVE DAYS RETURN ATTORNEYS ANO COUNSELORS-AT·LAW f'tOOMS FIRST 20-4•205 NATIONAL HARRISONBURG, J TO & HAMMER HAMMER BANK BUILDING VA. ���/ / �After 5 days, return to DRAWER 670, MARION, VA. C.) S=> 0 Cl) ~ ~ 60 ~ ..c ~ C ]!t § 0 E aS ..c: bD C :i2 0 C!D 0 "'C t.&.... cc Hon. H.. Bertram, Jud~8, Circuit Court of Roc~in ham Co mty, Harrisonburg, Va. 1 0 �-- �TRIAL JUSTICE COURT ~ d.bt.1AM DOCKET NO. tfn.-u.tia.ltt, /77f �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v John D. Long Subject The topic of the resource Felony Assalt Description An account of the resource Defendant charged with felony assault. Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1937 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_013_012 Long https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_001_commonwealth-v-john-e-morris.pdf c283cf480df0d2f1c90d2b7153801434 PDF Text Text COMiiONWEALTH OF VIRGINI~ COUNTYOF ROCKINGJ:IP..M, to-wit: In the Circu~t Court of Rockingham County, The Grand Jurors that Court of the said County, John E. Morris, County of Rockingham, murder one Betty Term, 1960 of the Commonwealth of Virginia, for the body of the County of Rockingham, Circuit October on the Lou Neff, now attendin8 upon the.ir oaths 2l~th day of August, Virginia, ~eloniously against in and the present 19~ '-', ::.n the did kill and the peace and dignity of the Commom1ealth of Virginia. Upon the evidence Peggy Johnson, Grand Jury witnesses of Allan Norvelle, Bobby Lee Neff and sworn in open court to give evidence. and sent to the �' murder COMMONWEALTH v:· JOHN E. MORRIS A TRUEBILL - ..C.. ~ F",,..1~' c- I,! / 0 lo ~ Forer1a1' ~ \ Attorney 1.,. W i ~ ' (f!JJ~ ,. R. Sipe Commonwealth's James �---------------- -"--- ------------- ... '1 ?; ~_____w/ f :n~/m~7 ,o➔ ~ ;!~ ~ ~~1~~~ 'Tc1 c}~ zk / j 6 t1 i rJ)~dvz/ ~~ ;zLu JJ7~ ~ J,q,vrf~ ~ ~LJ~ ~~~ 1~~/'~~~ Ii f;;l~d 11 ~~ dv /1~~1 ~ �ti . j' I t I I r I: I I i I �VIRGINIA: In the Circuit November 18, 1960. Court of Rockingham County, on Commonwealth On an indictment v. for felony (murder) John E. Morris This wealth, day came again and the accused, of the sheriff of this the attorney John E. Morris, county sworn for ment; in, the trial and having having into verdict, guilty penitentiary for Thereupon, clare was allowed, by counsel, should the verdict in delay life. if excepted anything of the jury, that as charged foreman improper And it in the in the of jury." to de- testimony overruled,and thereto. sentence said being ac- inquired on him in accordance and nothing commonwealth recover of the Penitentiary John E. moved the court court therefore to this it "November 18, he had or knew to say why the not pronounce thereof, degree room to came again by confinement by counsel, the and heard the accused, Oren M. Knott, is incident State punishment here- to their verdict: find upon the ground court some time they in the first which motion of the accused court life. the accused, a mistrial cused, his jury, and to adjourn- retired the following of murder and fix jurors John T. of the evidence of the and after and returned indictment, the the custody impanelled came pursuant the instructions We, members of the Morris, case attorneys, jury the hearing of counsel, their court 1960. completed received the a~guement consider of this and the the common- came in the and by his Camblos and Lewis A. Martin; for prosecution, at hard considered said and that labor being for offered with or alleged by the John E. Morris he be confined the term of his court that the costs in the natural �"---./ �And he is remanded to the custody to jail until of an officer he can be delivered of the State to be removed and conveyed. to the public tentiary house and kept imprisoned by law for A C OP Atteste~~ of this commonwealth, and treated Penitentiary, jail therein and penito beheld in the manner directed the term aforesaid.. Y ~ ~ <:;::;. in- Deputy Clerk. �r ) ) ����-1.~.J~:~~•'>}' t • '"-"'641',< • ('t,,, -~~~ •. ���December 4, 1963 Mrs. William Powell Stanardsville, Virginia Re: Commonwealth v. John E. MQrris Dear Mrs. Powell: A certified copy of the proceedings in the above case, about which you inquired, will be 10.00. would include the warrant of arrest, indictment, orders of the court, and the instructions to the It would not include a transcript of the evidence the reason that no such transcript was made. named This all jury. for Yours very truly, George W. Kemper, Clerk G' . :mb _fa ) �lie JO ~llli:' - . e'l! . lnl 0 ~1V, ·Illv ' nrlo t . d.:tl.sownorn : lI bam rs: vod lrl, ,,eij nl Iln «jn rJnlbnl -~~~t a .d:b .00.01~ ed Illw e . b ,XIU'Ij ~ ,jes~'I lo j c., X'ISV jc:_ •. -;:, rt '"!j rl~lrl nc~~£w rlj bn£ o ,~~ rl.:t 1o .1q.i:"I::>c.n..G'I3' wo'I • ~ e on 3uo~ n[ont r j buLoal: IJ • 'I rqoo bel"'':l 'lo c arl3 o· anolj~u'l'. enl, 'Io· ... o nsb ~ b'IB j j rfj . o B'IUOY IO • 'Ieqm • •W e 'Io 0 'I dm:/ .D I \ �January Jl, 1964 Mrs. William Powell Stanardsville, Virginia Re: Commonwealth v. John E. Morris Dear Mrs. Powell: Your letter of January 24, 1964, enclosing money order for 10.00 was received, and in compliance therewith, I am sending you herewith a copy of the proceedings in the above named case, which includes the warrant of arrest, indictment, all orders of the court therein, and the instructions to the jury. Yours very truly, George GWK:mb Encs. . Kemper, Clerk �...., ll .ru:iot . :.L[ w 'XO ! CI n j l: ' t 'I £0 l C a 9 oJ:. OU"! .[ j C "1 "{ . -:r.i10Y "IO .e �) ( to -wit; ) COM}'ONWEALTHOF VIRGIN:1r CITY OF RICHMOND rn :'HE CIRCUIT COURT CF ROCKINGHAMCUUNTY HARRrnCNBURGVIffiINI_A ___ _ . . .. . ... ..• co,~?'0 'WEALTH OF VIRGINIA •••••• VS. ( FIRST DEGREE ~URDER 1 . INDIC'IMENT. JOHN E. MORRIS. • • • • • •••• • • 500 SPRING STREET1 RICHMOND VIRGINIA AN AFFIDAVIT • • • • • • • PLAINTIFF 1. COUNT • • .DEFENDANT 0 OF POVERTY AND LED-AL REi.l,JEST TO THE HONORABLE PRESIDING JUffiE: THIS IS TO CERTIFY THAT JOHN E. MORRIS APPEARED BEFORF.:mi. A NOTARY PUBLIC, AN THE UNDERSIGNED PARTY PERSONALLY IN AND FOR THE CITY AND STATE AFORESAID BEING DULY SWORNAOCORDI G TO LAW,. DEPOSES AND SAYS THAT HE IS WITHOUT FUNDS, A PAUPER, AND THAT HE IS UNABLE TO PROCURETHE AMOUNTOF MONEYNECESSARY TO DEFRAY OF 1960. HE COST OF CERTAIN COURT RECORDS, RELATIVE TO HIS CASE INNOVEMBER IN THIS COURT: AND THAT THEREFORE BECAUSE OF HIS POVERTY,AND BEING ,HTHOUT COLLATERAL, WHILE COOSIDERING THE FACT THAT HE O~ES GOOD FAITH, IN OONA FIDE, HE PRAYS THAT THIS COURT WILL RULE ACCORDING TO SECTION 14-180 IN OF s THE CODE OF VIfUINIA, 8-500 AND 14-1290 ALSO SEE VA CODES AND FUR-TISH HIM WITHOUT COST CERTIFIED ARRESTING WARRANTOF HIS CASE, (B) ORDER OF HIS CASE, AND (D) ON THIS -- 19-262. 8-481 8-482 8-497.1. DAY OF ----- 8-499 COPIES OF ( A) THE THE INDIC'IMENT OF HIS CASE, (C) THE COURT A NARRATIVE STATEMENT OF THE TRIAL, I HAVE MAILED A TRUE COPY OF THIS AFFIDAVIT TO THE OFFICE OF THE ATTORNEY GENERAL OF VIRHNIA. ON THIS ~ // PENI TENTI ARY, t, 196,, THE SAID JOHN E. MORRIS. HAS VIFGINIA. RESPECTFULLY RE(JJESTED, a~ ( ~,r,,i,c ◄ jl AFFIANT SUBSCRIBED AIID S' 0 TO BEFORE ME, ~ PUBLIC IN AND FOR THE CITY ANJDSTATE AFORESID,~VEN AND SEAL ON THIS /( DAY OF ~,196,. 19° ✓ . A NOTARY UNDER MY HAND my COMMISSIOO EXPIRES �u t r I 1 - ... V �t,...-./ C mN E LTfi 011'V!fllllHA n· HE SUPR. !E COURTOF APPEALS RICt JO' • ~ •• ,ORf-13 • • • 500 pring Jtreet R1ehmond.Virgin1. vs. T:~ ~ rt0v1T CCUR? • • P.arrieon Vi in1a. T THE • •o• ·rm JNIA • • • • • • • • • • • • • ♦ :.10RABLE JUSTICES OF Tiffi SUPRBlE COU . OF • PEALS, 'I'Hl:.ClRC 17 'l'H,W Gl:U!ti' 0-' 'i'Hf. IT I AIL .a..D 18 DAY F CV B ,R THIS h'ONORABLtCOUR!' f' ,R HElJ' l.N THIS I C URT ,:r HARJU -mu •I HE DEFb,;; D T ..,_ ..,..... A1TtR. 0 L AL RE • ts'l' TO TB£ :VE FILED YIT EV AN ER TH. Af.'FlDAV!'!' 0 LIDAL RE:J.JE6T.,IT IS FOR T INTO T I!.. H ORAB CWRT FOR , ORDE TO BE ISWED.F TUE C OOUI'.1.uCUH'/ OF UAR.iU~ BU l JOII .<... BUIG 196 , roR TllE FOU..OThG i-r~ SCN• TllAT l JOlli t::. ~ n Vl ~:u l FOR Ot 0 S RE.A T S C UR'l' Dl RECTE.D 1D E. .ORRIS, HAVEON Tffl D GlTYOP RICI",C~D lr E OF VIIGIMIA SUBOORlBED .AND THE CITY D Y 0~' om TO BEFORE E ------- A OTARYPU LIC.,1 D. D "'EAL • THIS O !JrAT AFOR D "'!VE& UND R Y BAND 1 0 .JC roa �\ �COMMONWEALTH V. MORRIS CHARGE TO JURY If you find as charged the accused, in the indictment, with malice aforethought, and premeditated, first degree and that and that you will indictment, thought, degree, him guilty and that but that meditated, of murder in the at death, or by confinement or for any term not less of murder, it was not willful, find than than five malice on reasonable him guilty at confinement than five provocation, of voluntary in the penitentiary/ years. but that actual manslaughter degree, he killed or implied, or in mutual in the penitentiary Betty Lou upon sudden combat, you will and fix his punishment for not less than one nor more years. If you find him not guilty of murder in the first nor of murder in the second degree, but find and pre- of murder in the first aforethought, afore- of murder in the second nor more than twenty nor of murder in the second degree, Neff without with malice at confinement him not guilty in the deliberate him guilty and fix his punishment If you find as charged the same was committed then you. will for not less find deliberate years. If you. find heat, of murder, the murder was committed find him guilty for life, guilty it was willful, and fix his punishment in the penitentiary twenty John Eo Morris, him guilty of involuntary and fix his punishment nor of voluntary manslaughter, at confinement degree, manslaughter, you will in the penitentiary say so for not / ��less than one nor more than five by a fine of not exceeding ment in jail not exceeding years, or, in your discretion, one thou.sand dollars, one year, or by confine- or by both such fine and imprisonment. If you. find him not guilty, you will say so and no more. �\ �COMMONWEALTH v. MORRIS INSTRUCTION The Court instructs malice the jury is presumed from the fact is proved, if unaccompained the burden of disproving that I on a charge of murder, of killing. with circumstances malice When the killing of extenuation, is thrown upon the accused. �C • �COMMONWEALTH v. MORRIS INSTRUCTION~ The Court instructs deliberate and premeditated the intention to kill of time prior ,fl, e ~ the jury ~.I' e.. de killing, should to the actual r/'tT,->t that to constitute it exist a willful, is not necessary for any particular killing; it length is only necessarY, t:l'n ✓ _,,Pr~,ne.. «", ./4.~o...., eome into eJdstenee for the /u5e,-,,-h ~,,., 'S'ljCA intoatiOQ should have 8 <ice ..c:c. ► 1t::1 ?' 4 tiroe at the ti.me of such killing, that ~ first that 4-.. 1 e. a fnJ ,;,11v·c f' I ye,,, j'! /tze Ua-I hk -,t 1rn-e. -I-~l?'U.- y ;° )'e VI~ ,'-,, C(,C Cq,/'e, f ~I ~ <:.<.../'7. er at ry' M'l' /2 time previously. ,/2,,,~ / '-'"/.J, ✓ e..... /_//,,,; '; ,r;?/' 0 / "'.,, f ��COMMONWEALTH v. MORRIS INSTRUCTIONr The Court instructs in Virginia In order the jury that every unlawful homicide is presumed in law to be murder in the second degree. to elevate the burden of proof the offense to murder in the first is on the Commonwealthl' degree, ~ ��COMMONWEALTH v. a: MORRIS INSTRUCTION The Court instructs degree is any willful, of one human being the jury deliberate that murder in the first and premeditated with maliceo wt11{.i.l Murder in the second degree is theAkilling being by another and premeditation. killing by another with malice, but without of one human any deliberation ��COMMONWEALTH v. MORRIS 1 INSTRUCTION The Court instructs deadly that weapon which he had previously possession, shot and killed upon very slight have been willful, burden the jury rests provocation, deliberate Betty if Morris, taken into Lou Neff, such killing with a his without any or is presumed and premeditated, to and the upon Morri~ .ii$."'balM1'Qf~ to remove or rebut such presumption)"~ -l/4e .er, ~r-~" r /Ju cL'e,n,C,,<_/ -/Ju: Q. CVC<. /J. OQm ~~~ h1-d'/l w~111/ltr ��I COMMONWEALTH v. MORRIS INSTRUCTION' The Court instructs degree is any willful, of one human being the jury deliberate by another deliberation by another and premeditated is the willful with malice, and premeditation. murder in the first killing with malice. Murder in the second degree one human being that killing but without any of �• ( ( .· �COMMONWEALTH v. MORRIS Lf-- INSTRUCTION The Court instructs "malicious", the jury as applied definition of murder, is used in a technical express or implied. hatred but every unlawful an action done with an evil circumstances regardless It includes as carry in them the done without or implied reasonable The Court further necessary length that motive. attended malice Malice plain provocation instructs shall indication of a heart bent on harm. without just Malice cause or excuse. and cruel act or excuse. the jury have existed or at any previous motive, with such from any deliberate of time and it may first of the killing not only anger and duty and deliberately means a wrong act done intentionally It may be inferred It may be from any wicked and corrupt mind and purpose, or and used in the sense. and unjustifiable flowing of social the word umalice" to the law of homicide either denotes that come into time. that it is not for any particular existence at the time ��The Court to be murder instructs in the second able doubt all of the elements the first degree degree~ the jury that every and the burden necessary is upon the Commonwealth. to elevate homicide is presumed of proving beyond a reason- the crime to murder in ��COMMONWEALTH v. MORRIS ::s INSTRUCTION The Court the element like the jury of deliberation any other evidence instructs fact, in a case of homicide, or premeditation by either or by a combination that direct of both. may be proved or circumstantial �,, �COMMONWEALTH v. MORRIS ,2; INSTRUCTION The Court instructs willful, necessary deliberate that particular length that and premeditated the intention is only necessary premeditation the jury to kill of time prior that there killing, it should exist to the actual to his purpose or at any time previously. a is not for any killing; was some deliberation given by the accused time of the killing to constitute it and at the �) �COMMONWEALTH v. MORRIS INSTRUCT ION The Court instructs deadly that weapon which he had previously possession, shot and killed upon very slight have been willful, burden the jury rests provocation, deliberate upon Morris from the evidence for the accused. heard, Betty 1 if Morris, taken Lou Neff, such killing his without any or is presumed to and premeditated, to remove or rebut that into with a and the such presumption for the Commonwealth as well as �• �COMMONWEALTH v. MORRIS INSTRUCTION The Court instructs intend that necessary the jury that 0 a man is taken which he does or which is the immediate consequences of his acto or to ��The court the first degree the evidence any reasonable doubt, of the deceased by malice, killing instructs must of the accused; in other must have distinctly understood had willed, her some and deliberated, serious bodily serious And if there at the time injury, they ought not to find him guilty prove, bodily injury, be a reasonable beyond of heart; and intended but such act on the the prisoner to do; he must that he would kill the probable result doubt whether to kill the deceased, which would probably occasion of murder degree. in the first in to the killing of the killing and premeditated and premeditated murder and premeditated what he willed and deliberated, of which would be death. wickedness deliberate, words, or do her some and distinctly was not only incited and desperate part the deceased, clearly that the accused must have been a willful, have also reflected, the jury that to constitute he or do her death, �V �1 The court speak of a presumption the deceased that the killing weapon such presumption was willful, shown no circumstance deliberate the jury that where which is raised by use of a deadly into his possession, evidence instructs or circumstances and premeditated tending of the accused only to supply and premeditated tending killing to prove taken evidence where there to the contrary. to show that the killing are shown, instructions which he had previously is meant deliberate or evidence by reason these is If was not willful, then no such presumption exists. �.. ~ r -r j I ::. L ::: r:::; L �/6 COMMONWEALTH v. MORRIS tJ INSTRUCTION/ In considering burden whether of proving the guilt the Court instructs "reasonable" nor its doubt, guilty of the accused the jury that meaningo is founded on reason, possible or not the Commonwealth has met its you. should A reasonable and is not to be confused imaginable, conceivable In passing upon the sufficiency jury must limit its trial of this consideration case, including to be drawn therefromo doubt, not overlook or possible doubt. of the charge, presented and reasonable cannot or a man must be proved to the evidence The jury the word with imaginable of the proof the natural doubt, doubt is a doubt which for the law does not say that beyond every create beyond reasonable at the inferences go beyond such evidence nor can you go beyond such evidence the to find to inferences of guilt. Furthermore, from lack proof the jury of evidence, to the proof doubt concerning If, evidence, prevent accused, If, after fact, of the accused and non-essential a reasonable and honest your minds are left you from reaching testimony of all conviction of the truth reasonable after the evidence belief doubt. of the charge, and not a mere of all of the of doubt as to of the guilt to meet its an impartial in the case, fact circumstanceso in such a state a convinced hand, or from questionable consideration then the Commonwealth has failed on the other any doubt arising should be a doubt of a material of the guilt immaterial sideration all in mind that from conflicting of any particular essential should bear of the burdeno and reasonable con- you have an abiding you. are then satisfied beyond ��The court criminal minds in the conclusion after and after sonable is guilty. having with respect Therefore, duly considered consultation guilt simply because with respect of crime if any individual member all of the evidence the balance should to such degree. of which of the entertain as to such degree of the jury entertain of twelve in this case, of the guilt of the accused, his own convictions of a a concurrence to the degree with his fellow-jurors, doubt as to the degree duty not to surrender victions the jury that upon the trial case by a jury the law contemplates the accused jury, instructs area- it is his of the different con- �I , l r.:. 1 - ._,.::} . -.,-1 ' ,\, ..... 1 I ,...... .- _J 1 ::::r -· j. �The Court instructs prove beyond reasonable and if the jury homicide, that is, murder, and find degree. believes the accused the accused then they must resolve him guilty that doubt every element but have reasonable whether the jury the Commonwealth must of the crime charged, to be guilty of an unlawful doubt as to the grade of the offense, is guilty of first or second degree the doubt in favor of the lower grade, of the accused or murder in the second �.I 'I , I �COMMONWEALTH v. MORRIS INSTRUCTION_f The Cou.rt instructs witnesses is a question the appearance testifying, testimony, the jury exclusively of the witnesses the reasonableness their that for the ju.ry; on the stand, and from their and consistency manner of of their apparent or lack of intelligence, the opportunity of the witnesses to know whereof they speak, the relationship witnesses to the parties, in the result surrounding if any, the interest of the trial, circumstanc~s has the right candor and fairness, of their intelligence apparent the credibility if any appear, appearing to determine which witnesses of credit and what is the relative testimony and to give credit weight accordingly. of the witness and from all on the trial, of the other the ju.ry are more worthy of any su.ch �- . ) �VIRGINIA: In the Circuit October 17, 1960. Court of Rockingham County, on Commonwealth v. On an indictment charging felony (murder) John E. Morris This and the accused, the sheriff day came the attorney John E. Morris, of this county, for came in the and also by his John T. Gambles and Lewis A. Martin, ville, Virginia. And thereupon, ed on the indictment guilty; and this November next, A and said set for accused Jr., said and in person case is the commonwealth, of attorneys, of Charlottes- accused tendered trial custody was arraigna plea of not on the 17th day of was remanded C O PY Deputy Clerk. to jail. ��Comp. Form 18-A l ST A TE OF VIRGINIA ~ OF _Harr __ i_s_onb_u_r~g~------ No, ______ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: W.M.N0 rvelle Whereas, has this day made complaint and information on oath before me, -------------------- Justice of The Peace ____________________ (Tide) J0 hn G. Leake (Name) City of the said Gamnty, tha._________________ J hn E. Morris 0 __________________________ 24th did on the _____ kill August day of______________ ar:d murder Betty I~eff, ~ainst _ R>ckingham in t!meaid County 60 : Unlawfully ___________ and feloniousq th the p:, ace and dignity of the Commonweal , 19__ _ J of Virginia a-~,4-> ·"'"''' These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham County Court of t~ County, the l.Jody ~ies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: __________________ color ____ Address ______________ _ □ ------------------ color ____ Address ______________ _ □ ------------------ color ____ Address ______________ _ □ ------------------ color ____ Address ______________ _ □ color ____ Address ______________ _ □ ______________ as witnesses. Given under my hand and seal, this __ 2 4_t_h __ day of____ A.,....ug-=-ll __s-:t:c--------,,,---- U ~of 2~ Issuing Officer) JUSTICEOF THEPEACE 19~ (Seal) I �STATE OF VIRGINIA-COUNTY OF a Judge of the County Court Justice of the Peace I, m and for the County aforesaid, State of Virginia, do certify that as his suret and--------------------------~ to have this day each acknowledged themselves indebted Dollars the Commonwealth of Virginia in the sum of --------------------------------------- ( $________ ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth be rendered, yet upon this condition: That the said ---------------------, of ________________________ Circuit shall appear before the County, on the -------- Court County day of ----------------, at ______ M., at . :Virginia, and at. any _time or ti_mes t<? which or further heard, and before any court thereafter havmg or holdmg any proceedmgs m connecuon with the for the offense with which he is charged, and shall not depart thence without the leave of said court, the said and effect until the charge is finally disposed of or until it is declared void by order of a competent court; 19__ , the pr~ceedings may be continued charge m this warrant to answer obligation to remain i~ full force and upon further condition that the said shall keep the peace and be of good behavior for a period o from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. days 19__ day of Given under my hand, this Judge. J. P. r• C/.l ~ ,§ (") £ ~ r;: ~ (D ~-i. CJ ~ ~ ~ 0-,.(D .('.L 0 ~ £ " 0 g_ (") £ r;: 0 'i ll> ~ a c+ B B 0 p I: ~ & ~ 8 8 ::, s· 1s ~ ~ °" (b ., ~ ::, s ,., C 0... " ~ ~ " .,., " "., ::, (") .., ";,,- ~ .,~ °" ~ § t:P E: 1 e:. • 0 ~ > ~ ~ " B 5· ., 5· p 'i ~~ HJ Ill 0 s:: 'i C/J (1) 1:.! ~ ::r, ::, 0... g. " 9 ~ 0 z ~ > I w ,.... ..., (.,, :i:: -{. ~ ~ (I) \0 l ., 0... .. ... '< 0 C 0... 0... '< 0 ~::, e:. ..i ,c ::;· ~ .., F __;;· ~ ~ ,r ., .., .., °" °" 5· 5· "e: 0- 0 0... ..., z f-'• ,..... " 8' ., ., 0 ~ tr! 0 ~ 0 ., 0... ('\ . ::, ef .,., z..., ::r'~ ::s ~ t:z:IV,..., c+ ti 0 (") c:....,., 0 > ::s ::r' ~I-' g n, [&"~ c:...~ ~ s:: CJ' () (D HJ -; Cl) 'i 'i (D 0 p, CJ' 0 '-< Cl) \.;J ~ B B 0 1-'•0Q g,'t) ::r' p., ... c+-I-'· !:l Cl) ~ V, (D ~ C<:~- p. "'~ 5· (D 0 'i • -~ ..,. ~ .,., ..., p., ::r' ~ g. I-'§ \Q ---- 0... g. fr CJ' ::s < !" (b p " >< "., ~ ~ • " 8 r. C: "--g c+ ::r' ...~ ~ f'-~ ..\l CJ' (D (D ::r' (D 'i ..t;· ~ 1,.) ' ... ::s (D HJ tr! >< C g. t, 0 I-'· 0 p., 8 ., ,., ,., C<:::s (D tC\. C°' c+::r' (D ~ !:l ~~ '...... t cl· c+ (D 0 l3 I-'· tr <: .,.,~ g_ to " ~ "g. " " ..., '< ::r n, (") 0 V, ..., V, cs:: go 0 ::, C Cl ..i :;· & " ... ..,, 8C (") 0 ~ ~ C) ~ ~ ~ -:---.. ~ ~\ C ;:: ~ 0 \) 0 .... r f;l C ::, 9 g_ 0 I: s· °" I: ;· ~ a I: n, .., n, ., ,., "0 ::, °" ;:;· "0... �--- Of"f"ICE Of" THE ATTORNEY GENERAL RICHMOND February 29, 1968 Honorable Hamilton Haas, Judge Twenty-fifth Judicial Circuit Harrisonburg, Virginia Re: John E. Morris v. c. C. Peyton Civil Action No. 68-C-l-H Dear Judge Haas: The captioned matter is now pending in the United States District Court inHarrisonbur Virginia. This is a sequel to the state habeas corpus proceeding brought by the same inmate, which was heard in your Court. I am in receipt of an order signed by the District Judge in which he requests that the record, including the transcript of the state habeas corpus proceeding, be made available to him in order that he may examine the same and determine whether or not it will be necessary to grant this· petitioner a plenary hearing. This is necessary in view of the recent decisions of the Supreme Court of the United States. I have therefore prepared and am enclosing a draft of an order, which I respectfully request the Court to enter, directing the Clerk to mail the record in this proceeding by registered mail to the Clerk of the United States District Court, Post Office Building,Harrisonburg Virginia. I have received written assurances from the District Judge that the state court record will be carefully kept and preserved and will be returned to your Clerk when the federal habeas corpus proceeding is concluded. ��Page 2 record Please ask your Clerk to notify me when the is forwarded to the United States District Court. Your cooperation in this matter is appreciated. Sincerely yours, verton . Assistant Attorney OPP/lpc Enclosure ��VIRGINIA: IN TiiE CIRCUIT COURTOF ROCKINGHAM COUNTY JOHN E. MORRIS v. Date of Judgment February 13, 1967 C. C. PEYTON,Superintendent of the Virginia State Penitentiary -0 -R -D -E -R This day came an Assistant Virginia and represented in the United States of Virginia, ceeding unto the Court that District is necessary forwarded Division, of the Virginia that the record , Virginia; has given assurances State Penitentiary; in the captioned and preserved the federal and that that that matter it be District Court, the Judge of said Court said record and returned is pending v. C. C. Peyton, to the Clerk of the United States Harrisonburg there of a habeas corpus pro- John E. Morris Superintendent General Court for the Western District Harrisonburg styled Attorney will be carefully to the Clerk of this habeas corpus case has been disposed kept Court after of by the Court. Upon mature consideration adjudged and ordered that the Clerk of this to the Clerk of the United States Virginia, by registered thereof, District mail the record Entered ~-.K~~ ~ton P. Pollard Assistant Attorney General therefore, Court do forward Court, Harrisonburg in the captioned this day of Judge I ask for this: it is, matter. ��VIRGINIA: In the Circuit November 17, 1960. Court of Rockingham County, on Commonwealth On an indictment v. charging felony (murder) John E. Morris This day came the attorney and the accused, sheriff John E. Morris, of this county, Virginia. of venire facias, court and found duly qualified handed a list twenty for ed, who each alternately persons, persons and free struck twelve, v. Miller, selected to well the having til A Oren Knott, and truly rend.er Lillian Lawrence as aforesaid. try to constitute and true according hea:iJd a portion tomorrow morning was and the accus- Raymond Barrix, A. Jefferson, Butler, the persons Ray B. Dinkel, and E. R. Long, jury, deliverance were sworn make between at the bar and a true to the law and the evidence; of the evidence, at nine by the the names of four namely; Joseph commonwealth and the prisoner verdict twenty John L. Miller, Lewis, under from exception; therefrom Wood.row Lowry, John G. Patterson, M. John T. were examined the commonwealth, and the remaining E. E. Bailey, attorneys, of the of Charlottesville, of the names of said to the attorney commonwealth, summoned by the sheriff writs whereupon, by his Jr., And from persons the came in the custody and also Camblos and Lewis A. Martin, for were adjourned o'clock. C O PY Deputy Clerk. and un- �'r �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ................ z ..... Alva ..Shifflett ...- ...c/ o ..Zean ...Shif flett .. ...................... Doris .. Jean ...Shifflett ...- ...424 Ware. Ave o.,...Elkton , ..Ya •.......................................... to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the .J]tJ::iday ,....Elkton., ...Vao ........................................... . County, at the Court House thereof, at 9:30 of .~9.Y.~~~.~r........... , 19.9.Q.., to testify and the truth to say in behalf of the Commonwealth -hebe, ~kea~Pane-Jui"~, against .............................................................................................................. . ....................................................................... John ..E •...Mot'ri s ......................................................................................... . who stands charged with and indicted for a felony And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's misdeRleftftOC..- And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, theJ.) •.tJ::i..of ......N.<?.Y~ffiP..~~·······················• 19...9-9., and in the of the Commonwealth. L~.5..t;:.b.. year �~ \ &XECUTED,c,, :r- s,ou ~ I THE COUNTYt.1.1. G .1 'EitGE ROCKINGHAM BY DELI ~ ROCKHiGHAM 1,;uUNTY I l-d £1 >:-:0::1<!A:J:;i:(~Lt::, ., ~-finain! .at his uual place of abcfde,Exacutea. •...f..L •.~--·-:.!~~~.LZ.~..0-JJy 7?'?; thm:_~ ~ _deliverina • '_"C~:=::: __ ~-~:::== n_ uual place of abodP~~..,.)(/~-------······-······-• b i:i" ::i his family above th_ age of /"")16 y /2.f s, auJ ex,;lainb.r, : : ..! 1-_ ,,.-·,. to 6J.~ h.et". r,,;-·--,1v>r of . , •.1 1 • ·. f _-~----------·-· _______________ _ "--· �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon .. County, Greeting: D.$..U.1e.l .. D.Eppard ..Cc./o.. B.obby...C.r.a:w!.ord~E.lk.ton,.V.a.); p .E.4.:f..~A ..!..flh.~~f.e.l.t.~.:r. ...L6.l.µe...w..q...G.r~Y...lP-P, ..E.lkt.on., ...Ya.11.l.; ...Sµs.;i,.JL.Cnwnl.e.y. ...ClUµe....a.n.d p .G..:r.$..Y ..In.n......Elkt.o.n.,...Va .•.l.; ....L.a.:wr.e.nc.~ ...A......De.an..{Wi.r.t ..Av.enue.., ....El.k.to.n.,....v.a. • .l.i....and ...... P ;M:~i,~9l..~ ..R.aY..Mo.r.rJ~...(E;l,..kt.9P. ...C.aP ....0.9.•..,...El.ktoP., ....Va .•.J.;....................................................................... .. to appear before the Judge of the Circuit 17th, o ' c 1oc k , a. m., on ti 1e.......... ~ay the Defendant Court of Rockingham County, at the Court House thereof, at 9 :30 ...o ...v...e..m ....b...e..r...,,•.······.. ......, 19........ 60 , t o t es t·f1 y an d th e t ruith t o say 1n • b e h a lf o f o f .........N in the prosecution ......................................................................... 1 of the Commonwealth J..o.hn ... against E.~ ....:M.o.J."~t.s ............................................................................................ . '- ;ho stands charged with and indicted for a felony ~a!IX In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, thel.4tb. day oL of the Commonwealth. County, Va., ............ N.ovembe.r,........, 19.6.0, and in the.185.th ....year �'tAt(;u,w • -~6.."-:.-,._,._,~ , l/-/1/c T ••• ••••••• ~· ·r: BYD JVERINGA :,0. -, , ,. ·. ~ 'V ( '"'~ ' Jli --. . . t °F - . ' .. . --- ~ ~ .. v.1--::.r:r ••-:.Trl'. •••. ·, ••• ··-· - ~--· •• • . ,t.. --~ ······ ' · ·- • • ··.... • . -~~-~-- , ~.r,,;,- ·- • ~,<:: r.\!..~_;; :/'~•,: ~~ , . r ( .., • :: : , , • . ·••<'•--· --- .. ·---------~ ' ·' ................ : ~. . .' "...-. ·:. 1·,. C. . "''f ............... DfPL,·.' ::,:,. ..-• - ~~~ -~ - ; �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . •-- Charles -- - ---- - --- - --- --- - - -- - - --. --- -- -- -- - - - - -- Lam - Rt.#1, Elkton, Va. - - - - . - -- -- ---- . --- -- ---- - - --- ----- - -- - - - . - . - -- - -- - . -- -- - ---- -- --- -- -- --- . - -- - - - -- - - -- - to appear before the Judge of the Circuit Court of Rockingham - -- --- - -- --- . - . --- -- . ------- - . ---- . -- •-- ---------- - -- ••• - - - - - - - County, at the Court House thereof, at 9:30 o'clock, a. m., on the 1.Z.t:h.. day of .......~.QY.§.~P.§.'.!'.: ...... , 19.9.9.., to testify and the truth to say in behalf of the Commonweal th ~&- -the-~1'0-tHl-.Jut,y,, against .............................................................................................................. . ............................................................... John ..E.o...Morris ................................................................................................ . who stands charged with and indicted for a felony tnisdeinea,aoF. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the.12th of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- of ........... Nov.emb.er ................. , 19.60.., and in the 1.85.th. year . -- ---------------------------------------·· Commonwealth's Attorney �~ll:CUTED/1:/-2 ~ G:lQ[~ THE COUNTY Ci.1. ~0CKIN~HA1!1~y _DELIVE~G COP A. t:iUE OF THE WITHI~ ~0,?L..J-~¥-,~IJ,,i,~'2:2::l---- IN PE lUlCKINGHAM COUNTY �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Dr. G. G. Tanner - Grottoes, Vao to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the .J.7-.~Jt day of .....}~9..Y.~~~.~:r?. ......, 19.~.Q.., to testify and the truth to say in behalf of the Commonwealth hclw.·e.Jhe. Gi:and-.In.ry, against .............................................................................................................. . John E. Morris who stands charged with and indicted for a felony wi,demei,u~Q.r. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the ..J.4tDof of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison........~Q.Y~J;'(IQ~.~·····················• 19...6.Q., and in the l§ ..5.t.h .. year �~.tIBCU'TEDj//f~/z- I THE COUNTYv.i. ROCKING~AM -~y Dtl..iIII G A T:RUE _____ COPYAFTHE WITHIN____:_,&:::::1'.n<nxC:X::: TO ~ £: fd 7a=zacn ,n6 IN PERSON. SHERIFF ROCKINGHAM COU TY �In the Name of the Commonwiea.lth of Virginia: To the Sheriff You are hereby commanded Chief of Rockingham County, Greeting: to summon-------------------------------------------------------------------------------------------------------------------------···· Walter Norvelle - Elkton Va. --------------------------------------------------------------------------------------------------···----1-------------------------------------------------------------------------------------------· '--------------------------------------Bobby --------------------------------·----------------'-------------------'---------------------------------------------------------------------------------------Lee Neff - Rt o 4H Elkton Va. to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the __l.1.th Commonwealth County, at the Court House thereof, at 9:30 day of _No:v:embe.r ____________ , 19.6. ___ , to testify and the truth to say in behalf of the beior&-t96-~and-~, against--------------------------------------------------------------------------------------------------------------· ____________________________________________ John __E_.___ Morris ________________________________________________________________ _ who stands charged with and indicted for a felony ffloi~1t<+1:. And this you shall not omit under penalty. Witness, burg, Virginia, JAMES R. SIPE, Commonwealth's at the Court House, thel.2.th_ of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- of ________ Nmzember _____________________ , 196_Q___ , and in the __l_85J:;byear �( �March 7, 1968 Hon. Leigh B. Hanes, Jr., Clerk United States District Court Harrisonburg, Virginia 22801 Re: Commonwealth v. John E. Morris and John E. Morris v. c.c.Peyton, Sup•t. (petition for writ of habeas corpus) Dear Sir: At the request of the Honorable Overton P. Pollard, Assistant Attorney General of Virginia, I am transmitting to you herewith the records in the above styled matters. Please letter. acknowledge Thanking you, reeeipt on the enclo ed copy of this I am Yours very truly, ~7-~-~a- George w. Kemper, Clerk GWK/nwc Enc. --a...:. Fif 0- 7" ~1/?;~/ ~ekL. �t .<t1. teea.oH ..a rl ;1:eJ ~ ..ol~ ::t<.i:.uo :.to1'I.tr: J:rr eo:Js-t e b&j 1:rrU >l'IGJO l01SS 1:'1 o al1la~lV t8~Udooel~~nH a.dot. • , .d.t.C \ JOmmoD :eH "'" bo.s (~. "'. v • j aa.s:.t8te::i.A tb -e ion .uot oj 0 v al'I'IOM ' rrrlot 'l t '!O'l aolj 1... q) r.rocr .ci ao.tc-.£ev0 e.fc "!·:trmil d:t 1o jn ....1-ipe'l ~d:t arr ;:t.t. i r-· j , I ,al ~11, 'I.1:V . o i.s'lone-t> v;e11"10.!'jA . h~I ja vod edj al eb~o rlj rij:w oc :ifo.G Zi! P..se.I .rr ;:tj- .C ms ' 'f IO • W 8, 'IO I t :grrl.Hrm.dT {) ow 1nm ~0 t'f.iI �? . ~- ~ ~ ~ I"'"~ 6 L/ ,c -- ~~ 1· I ,J?J,//4/' l&.d:- I r- I ~ r/1 If( if~ ~ l~trT<r' I - I7 LI I ,,2,, <v??-7 .,.,. /, ?.3d ey tttel! ,() I/ I / ,., ,, I If I' I I 1 I ,, 1, / ~ I ' ~ I I I , I f // I I I I (!_()M I, I ,. ?<7'r I I~ I I I I " I I y I" 1/. /, /J s: ;CJl/4w t. /f /• i. 'I /tJ I/ /YR '?Jor; s IT ;r·ry C) 4 ,t o, 11 cS'A,·,:: ,=/e ,rrtR. :YeA IV G.,a$" v✓ ~ /Y/tj /Y/r rJ 1/-e 7farv ~;&f/llD 11 IP IV /1<- S I ( - '} �w r ' &_ IJ~~~ I • /. ey ,)@ /)11//4 Af '.,I P~;; r75 or ,s lh ,.,,"ca....,--V LALVr-<t • ~ t{/vv'i !A-~-___..J~-~-..________------~-----~--~ .. ,1 ,{/ ~~~- ��'t ��' .-l •l' �) �------------- -~. �March 7, 1968 Hon. Leigh B. Hanes, Jr., Clerk United States District Court Harrisonburg, Virginia 22801 Re: Commonwealth v. John E. Morris and John E. (petition orris v. c.c.Peyton, Bup•t. for writ of habeas corpus) Dear Sir: At the request of the Honorable Overton P. Pollard, Assistant Attorney General of Virginia, I am transmitting to you herew th the records in the bove styled matters. Please letter. acknowledge reoeipt Thanking you, on the enclosed copy of this I am Yours very truly, George GWK/nwo Enc. w. Kemper, Clerk �~~eL3 ,.~i , ■ enaH .a dale.I .aoH 3-u,o d~.t-I~elG ee~n.te betlnU !08SS slal3~lV ,8'Wdnoel-rtsl .a a.dot ,no:tte4.o.a. alT?o 1 .j•que (eucrioo a.aeuad 1 • v d.t1sewnoma11on :efi .bn.s ah~o .H nrlo~ jl~w ~o? nol1l.teq) ~ns1eleeA ,b~•I!o~ .4 no$~evo eida~onoH ed~ 1o .taeupe~ e~ ~ -e~ed uot o.t an1.ttbrens-x$ 118 I ,ala.ta~lV 1o !•~eaeO ~ea-s:o.t~A .a~e ism belt~e evods ed.t al ab~ooe~ e j rl.t w e 1d$ 'io 1qoo .beaoLoae edl ao lqleoM: eat-.!womlo• m.a I , uot • ci .-re1.ter 3 a ..tlin.srlT �~. ,,..,RRI S 'pring Street nd Virginia / TO THE HONORABLEPRESIDING JUOOE CTRC IT GOUR OF HARRISONBUffi HARRISONBUffi VJR INIA 73619 �'\ .. �JOID .i:... MORRIS TO THEHOOORABLE PRESIDINGJUWE CIRCUITCOURT OF ROCKINGHAM COUNTY HARRISONBUffi VIIDINIA �----\ .... �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . .................llan .....orvel_e ...- ..E:'..:ton .... Va" .......................................................................................................... . .. ...........Bobby .....ee .. Ne·'=f..- ...,...E-.ton..................._................................................................................................... . ............ ~..~ ...'i!?Y ..!ohnson ...- ...Elkton ............................................................................................................................ . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth J).t.h County, at the Court House thereof, at 9:30 day of ........ Qf.t.9.°g.~f........ , 19 ...~ ... , to testify and the truth to say in behalf of the before the Grand Jury, against .............................................................................................................. . Jo n E. I-:orris who stands charged with and- indiot~fo.F a felony m~den1ea..n.01:.. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ..l.Zt.bof ............... c.t.ob.e.x ................... , 19.0 ..... , and in the .•.. 0.5.t.b.year of the Commonwealth. ��Witness Subpoena Commonw;ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth Dr. G. G. Tanner, to appear before The County 30th day of _ Virginia Grottoes, Court of said County, September of Virginia to summon ________ sitting at Harrisonburg, 19_§_Q_, at the hour of Virginia, 111 2 I .M. said County, on of that day to give evidence in behalf of __________________________________ _ Commonwealth 111 the pending case of -------------------------------------- Commonwealth John V. Given under my hand this ___ E. Morris_ 2_7_t_h ___ ,day o~f_S_e~p_t_e_m_b_e_r ___ ('.-,-, 19_§.Q_. {LlL~ 6-56-SM-Garrison n n O U1._-,l �. :::> The County Court _;i >-t No. _!J_.L_.si_i(-~<,L ----~ocket E-i Ci! rt: E-1 zp 0 0 Connnoneealth ~ ~ E-i zH ( V. ( Witness ( ;>i Subpoena Jc.,hn E. Morris September 30, 1960 at 2:00 PM iri j :s <I:! r,:::i E-i sz 0 ~ 1 0 o::; :::>H '.i1 0 �Witness Subpoena Comrnonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: me of the Commonwealth of Virginia to summo.~--------- to appear beffe 6_day ____ ,_/..... 1 The County Court of said County, sitting at Harrisonburg, 01- __ ~g:::::::..---1 ___ 19~, at the hour of Virginia, m said County, on .:Lf!(J>-.-...._ of that day to give evidence in behalf of:_~!:?::~...!..<_"Q:.::::..._ ___________________________ _ v. G~er my hand this /'t l:i/- day of_---'~-J_ ........ , ----, (U_C_, 19..fL ➔ Clerk ~M".a-.rk �\ r °' 0 (½ °'I p, ::l n, "Cl 0 er C (fl Ul Ul n, ::l rt ~ ..--....--....--.. < "'T'- r;I ~ C (") 0 '< rt ::l C 0 (") n, ::r' >-:I //J~ rt .... ,~ 0 z rt n, ;,;-- 0 n b ROCKINGHAM COUNTY ·uBIH±w -1/a/J~~ ~£t:CUTED7 ...L-S-<e °IN THE COUNTY€JJ. �DESCRIPTION OF PRISONER Last known address ----'-~~~~~~~~~~=-------~d~-=~~~~~~~~-------- Eyes __ Occupation f(L_:_,,,,{,. ) 1 ·-"-=-·-- Hair (13~,'? le, I,- J W eight_-'---"'-U?:.._"'1~-- �I �COUNTY COURT Criminal Docket N<! 32544 A Com'th V. ,. ' -I Defendant - I Appearance Date Trial Date cl - f- 2~ , I' 1:1 u/ u... 6 <.:. /ti • �t/ /,, ... I Iv'; 5 - z.. wJ.. -----/ I �Docket No. Ov. ur f 1/,,/~6 \ J7i.f· • .360 QC, COMMONWEALTH of VIRGINIA l 11~~• ~ vs. '-JI Felony {murder) } I JOHN E. MORRIS 3 I) ~ohn T. Camblos & CharlottesLewis A.Martin Jr. ville Va. =-=.c'-'-=..:=---=::..=....::..:=--=.---=-=~"--=-=---.L_:_=:_=:=-=...=.....,__----=.:.-=----p. Own (x} Appointed ( d• • } 1960 October 17. Return of Grand Jury. 10/326 Accused arraigned and plea of not guilty entered; case set for Nov. 17. /of;~/ I IJov. if Jµry impanelled and portion evidence heard. 16/343 Ifov. 1 . Evidence completed, instruction argument, ard verdict of jury-life imprisonment. 10/343. 4- /J ~I ~ (' ../f. ,,. I I CIRCUIT COURT OFROCKINGHAM COUNTY, VA. I of �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v John E Morris Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1960 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_001 Morris https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_004_commonwealth-v-john-edwin-keyton.pdf ef1ecff5987ec534ea97b9d8b5b45674 PDF Text Text G. H. Parent Co. Ashland. Vo. F N orm o. 777 l Commonwealth of Virginia, to-wit: __COUNTY ____________ of ROCKINGHAM __________________ , In the Circ',ji t Said Court of April County County The grand jurors of the Commonwealth of Virginia, in and for the body of the Circuit , now attending the Rockingham Court of the said 24th within twelve months prior to the finding of this indictment, to-wit, on the said Ann Jones, of 8 years, and there, did , feloniously a female child with under make an assault unlawfully force the and arms, the said Elizabeth d:d~arnally to-wit, i- -to t1,,i7t e ?n. 'fo__ and feloniously, and in the in and upon Elizabeth age of 16 years, and her day of three , in the year one thousand nine hundred and County, County John Edv1in Keyton upon their oath present that April of of the Ann Jones, then know and abuse, against the peace and dignity of the Commonwealth of Virginia. Upon the evidence of Deputy Earl Turner B. L, iii"se and r. witnesses sworn in open Court and sent to the grand jury to give evidence. age • �I FELONY INDICTMENT FOR A George D. Conrad Commonwealth's Attorney JOHN EDYiIN KEYTON vs. COMMON.WEALTH " �April 25, 1953 I, John Edwin Keyton, age 62, do hereby make the following voluntary statement to George D. Conrad, Commonwealth's Attorney of Rockingham County, Virginia, knowing him to be the same and having been told that I do not have to make a statement, and no threats or promises have been made to me, and knowing this can be used for or against me in a Court of Law: I VIent dovm to I.Irs. Rodney J'ones 1 :1ouse and delivered two buckets there about 3 :15 porn. Vl11ile I was t''lcre 3lizabeth nn Jones gave me the motion to meet her up on the hill. I stopped at the hill and she came up on the other side and cane across. That vms on the top of the hill on the right hand side, with my truck headed south. I never got out oi' the truck. '.l'his was She came on in v:rith me. I turned east at the town hall. I went out about a mile where the lane turns into Harman, s farm. This is near an old straws tack. I baclrnd in on the other side. I pulled out and came _n on the other side .tw..$.r.,~'th ·1 b Qhe said "I •1 1 t . , rr ~t,; e mai ox. ,__,_ . , vn 1 c,o any hin°; for ~p2.00. That was all that was ~aid. I~.~ o her ~2.00. She took her clothes all off - She said I 1;1-rgetti:rv; plenty of it with other boys. 11 I played ;d tl'i her a~little bi~., She was s;tting on the seat. I never got ;n to 01 her. I Just played with her and rubbed it n li"ttle I p took • t ~ • never .. my pe:1-is ou_ • 1 never put my fingers inside it. v:e stayed ~nere abou~ 20 minutes and then she put her clothes on and I ?rought h~r back. She got out and went up the alley. I never nad my britches open. She has made t; 1 at up. The above ·,VITlTESS: t/ statement has been read to me and is the truth. ��Circuit Court of the County of Rockingham on Wednesday, the 20th day of May, in the year of our Lord, nineteen hundred and fifty- three. Present: Hon. J. H. May, Judge Designate. Commonwealth On an indictment vs. for a felony (attempted rape) John Edwin Keyton This day came the attorney accused, khis John Edwin Keyton, came in the custody county and by his attorney, heard a verbal mental report condition Harry Blatt. of Dr. F. L. Byers, of said accused said Keyton should have proper State Hospital, it is hereby mental observation a report this State Hospital and report thereon date. accused is, deliver the said is hereby poses hereinabove Virginia, his mental court of this directed, the said that County, John Edwin Keyinsane condition, within sixty the in a for proper at care, and that days from in whose custody the as soon as may be practicable, John Edwin Keyton to said Hospital to for the pur- set forth. And further said at Marion, of as to the of the opinion for the criminal concerning And the Sheriff physician, care and observation ORDEREDthat be made to this of the sheriff And the Court having jail and being ton be committed to the department Southwestern for the commonwealth, and the proceedings hereon are suspended pending report. A COPY. ATTESTE:__ j4 __ 4-_'.L,_£ __ d,_.....,~-----' Executed this~ Clerk. SRC �u t. �IN THt,; CI CUIT OUHT FRO'. I Gl' Co om·:eal th On a vs. John Edwin ~ It cuperintendent John Edwi •i th to indictment beine made heretofore s id hospital there from ~- report State committed the sheriff rece Ho.,pit&l to a~i is or t. e purpose ved t.:;.1d institution oraere sheriff shall to be held State of Virginia, County of Rockingham, return to a·,ait the forth- custody of sho.11 there- the cu tody of Sc.id c:.nd deliver his for to proceed of receiving upon receiving ·rorr, the thc...t the accused, whose pr v-ious con..mitrae1 t to Sl,idhospit&l upon st<-nd t~rminated; jail, appear t~i is now s ne, the a fe ony ( tte 1pt~d rape) eyton Keyton, accused, accused, charging of th13 South·.1estern observEtion, the GOUTY, V HGINI , October/~953. him to the county trial, To-wit: I, J. Robert Switzer, Clerk of the Circuit Court of Rockingham County, Virginia, do hereby certify that the foregoing is a tr~d correct copy of an order of the said Court entered on the ✓-~ day of October, 1953, in the matter of Commonwealth vs. John Edwin Keyton, as the same appears of record in my office as Clerk aforesaid. Given under my hand and the seal Harrisonburg, Rockingham County, day of October, 1953. Ececut t 6th ♦ of said Court, at r Virginia, this_,_.,,,,, __ <.ay or Octo er l ).53 by r·eturnin, t C•.mnt l to bL tr al. c_ �,:·d • I J ;toO 0 :t 1 n.1: l ) j ~.! 0 "' I j .(1 t 0 1 lo j j' i 1 a~ JJ 1 4- . :t l :t l:l b bn 1: ,j IJ IJ -V 1: l .t 0 1: "'+ ... l 4-l r .L !ct l. el 'IO :! DO 1o j L nl:.'! cn:11:t'I 11 • no b .b 1 j J :)" (~ ,3lrrl3~1v t □.,.dgn11!'.)on :jlw-oT ~o sj~i3 1o '-lJ.nuo8 -2boh .s zl ·10 .t-rJJo:) j_tu::>'!l s.ij ':o :if-rsi:) t'Iss:tlw3 J'I96o.R . t ._I n.tode'lc1 srlJ ,tsr.[j 'l1.tJ·re::> 'lde'Ieii ob t..3lnlg·r1V ._v. ruro~ .Siig.:-,1: erij no ne-rej.rrs j'Iuo:::> bl sd.t ·10 o n.s 1o v.qo'.) t . .:-~ ~ .av rijlBswnoiIIilio8 1o 'I9S.t.Jm 9n.t al ._(~~1 ._'Isdoj::>Q 10 { P &; \ 2.s 9:).L~l1o v.m ni: b'!o::>s'I ·10 2'L:i9qq.e srn.se srtl 2.s .. no;tv:s]: ~1: ~D.!i ruio t .tl'c~~o1~ ~'Isl8 "'2 js -~ '19.b ... ~J'IJJO bls2 1o 1'92 srlj bno brr d z.i:.rU , ,.i:nlg·ri:V IWo8 millignlx:::>ofl 'I{ .(eel o r .t<Js'I-:rO::> v.. 'Is·nu ·1 nsv~~. tg"Iudno~l'I'1 ._'Isdo:t::>O 1o • 'rc tSr • �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA, October/~953. Commonwealth On an indictment vs. charging a felony (attempted rape) John Edwin Keyton It being made to appear Superintendent of the Southwestern John Edwin Keyton, heretofore observation, is now sane, with hospital to said the accused, upon stand accused, jail, terminated; there State committed the sheriff for the purpose whose previous the sheriff from a report to be held y is ordered that return to await his trial. , Judge. the accused, to proceed of receiving for forth- the custody the custody and deliver from the institution commitment to saidhospital ENTER: -------------- Hospital to said and upon receiving shall received shall of there- of said him to the county �r t t rj �PRE-SENTENCE INVESTIGATION Staunton, Virginia November 13, 1953 OFFENSE: NAME: John Edwin Keyton CITIZENSHIP: American ADDRESS: Bridgewater, MARITALSTATUS: Married Va. AGE: 61 (Born 11-2-92) NO. OF DEPENDENTS:One SEX: Male CONMONWEALTH ATTORNEY:George D. Conrad RACE: White OFFENSE: Attempted rape John E. Keyton has been indicted on the charge that he did on April 24, 1953, attempt to carnally lmow Elizabeth Ann Jones, white female, age 8. On April 24 around 3:00 p.m. the subject went from his home at Bridgewater to the Rodney Jones home in Mt. Crawford, Virginia. He states that he took two galvanized buckets to this family. At the time of his visit the parents were away and while there he arranged to meet Elizabeth Ann Jones, age 8, at a point away from the home where he picked her up in his truck and carried her to a point one mile East of Mt. Crawford near what is knovm as the Harmon farm. The child's clothing was removed and it was well established that the accused had his hands on this girl. It was also established that he paid her $2000 and returned to a point near Mt. Cr4wford where he let this child out 0£ the truck. The incident was reported by the victim to her parents and upon further investigation the subject was arrested by Sergeant B. L. Keiser. OrrMay 5, 1953, through his ovm employed counsel, Mr. Harry Blatt, the accused entered a plea of not guilty by reason of insanity. The case was referred to the Rockingham Jail Physician, Dr. F L. Byers, who reported to the court on May 20 as a result of which the subject was committed to the Southwestern State Hospital for observation. On October 1, 1953, Dr. Blalock reported that the subject was sane and able to testify in his mm behalf. On November 4, 1953, the evidence was heard in this case by Judge Hamilton Haas, presiding over the Rockingham County Circuit Court. The subject was found guilty and on motion of the attorney for the accused the matter was referred to the Probation Officer for an investigation and report. P~IOR RECORD: No prior record is found against the subject in this area. FAMILYHISTORY:John Edwin Keyton was born November 2, 1892, near what is known as Keytontovm in Rockingham County, Virginia. He has resided in this area the greater part of his life. He served in Europe during World War I where he was injured, having lost part of his left leg, was gassed and shell shocked. Soon after his return in 1919 he married Bertha Jones and to this union six children were born. This was not a congenial marriage and on April 30, 1940, the wife was granted a divorce. ��Re: John Edwin Keyton Page 2 . . . . . . . . It might also be stated that due to this man's injuries he was declared incompetent to handle his affairs in April 1932 at which time the court appointed Mr. E. L. Klingstein as his Committee. In September 1939 this man was conunitted to the Veterans Hospital and was furloughed in March 1941. On September 11, 1945, this man married Mrs. Mattie Reynolds at North Garden, Albemarle County, Virginia. Mrs. Reynolds was a widow and is the mother of four sons and one daughter. This has been a very congenial marriage. It is reliably reported that this man suffers mental lapses and is very easily excited, although he is not knovm to have caused any harm to any other individual. Due to this man's injuries he received a considerable amount of insurance and now receives a pension of $240.50 per month plus $57.50 interest on bonds which gives him a total pension of $298.00 per month. As stated before this money is handled by his Committee, but the subject has been permitted to purchase his own home which is a five-room bungalow located in the town of Bridgewater, and he has also purchased a two-ton truck with which he was engaged in custom hauling at the time of this offense. HOMEANDNEIGHBORHOOD: This man owns a five-room one-story frame hone which is in a good state of repair and well furnished. It is located in a business and residential section of Bridgewater, Virginia, near the Rockingham Co-operative Farm Bureau. EDUCATION: The subject states that he attended a grade school at Montezuma but left at an early age after completing the 6th grade stating that it was necessary for him to assist in the support of the family. RELIGION: The subject states that he is a member of the Brethren Church, :mt does not attend and takes very little interest in religious matters. INTERESTSAND ACTIVITIES: This man has no close associates and spends his leisure tools, gardening and listening to the radio. HEALTH: Keyton was injurej in World War I while serving with the United States Army in France where he was gassed, shell shocked and as a result of his injuries, lost part of his left leg and now wears an artificial limb. This man has been committed to the Veterans Hospital and it is reliably reported that he continues to have mental lapses being very nervous and highly excitable. EMPLOYMENT: Due to this man's physical condition he the last two years has operated a truck As stated before, he served his Country World War I, being honorab~r discharged a number of citations. RESOURCES: time working with small has had no stable employment, but for doing custom hauling and buying junk. for approximately two years during in the early part of 1919 having received The subject 011ms a five-room frame home in the Town of Bridgewater which is well furnished and would have the value of approximately $3000.00. He also owns a late model two-ton truck on which, a balance of approximately $400.00 is due. He has bonds which realize him $57.50 per month interest and receives a pension of $240050 per month. These funds are handled by a Committee, Mr. E. L. Klingstein, Harrisonburg, Virginia. �t �Re: John Edwin Keyton Page 3 ..... . SUMMA.RY: John Edwin Keyton, age 61, has been found guilty on a charge of attempted rape upon one Elizabeth Ann Jones, white female, age 8. This child is the daughter of Mr. and Mrs. Rodney Jones, Mt. Crawford, Virginia. Keyton was born November 2, 1892, in Rockingham County where he has spent the greater part of his life. He was a member of the United States .ArmedForces during World War I where he received serious injuries and continues to suffer from being gassed and shell shocked and the loss of his left leg and he is now required to wear a.~ artificial limb. On December 21, 1920, he married Bertha Jones. To this union six children were born. This was not a congenial union and as a result in April 1940 the wife was granted a divorce. This man was declared incompetent by the court on April 28, 1932, at which time Mr. E. L. Klingstein was appointed as his Committee. On September 12, 1939, this man was committed to the Veterans Hospital and furloughed in March 1941. On September 11, 1945, he married Mattie Reynolds which has been a very congenial union. It is reported that this man continues to have mental lapses and is very easily excited, but prior to this charge he has not harmed anyone. He has no prior record and is very well recommended in his own community. He owns a five-room frame home which is very well furnished located in the Town of Bridgewater. He claims a 6th grade education, exhibits little interest in religious matters, has no close associates, and spends his leisure time working a garden and odd job hauling which is also his only employment. The Officer has been unable to develop any extenuating circumstances in this RECOMMENDATION case other than the possible mental condition of the subject - therefore, no ANDPLAN: recommendation or plan is offered. Respectfully yourc, William H. Ralston Probation and Parole Officer WHR:ABM �C. �Comp. Form 18 STATE OF v_1R_G_IN.......,IA......,._........i,.....,,,,...___ _______ COUNTY OF Rockingham TO ANY SHERIFF lf No. 12103 A To-Wit: OR POLICE OFFICER: George D, Coorad, Co31 th Attyo Whereas, J.C. has this day made complaint and information on oath before me, Swartz (Name) Clerk T. Jo Cto of the said County, tha,________________ _ (Title) _ __,,J...,o=hn=.....,Ed=w=1.=· n=-----cK==e.,_yt....c....c.o=nc;,_,-=B=r-"'i:C:d'--'-g'---'e'-w_a_t_e-'r=----,."----V'---a_. __________________ day 0£ ....__ did on the 24th upon the lllBlll9body assault peace with intent and dignity _.A~!;)~r-il __________ of Elizabeth the of the said Ann Jones child Com1 th to , 19-5..l: , a female carnally know, Unlawfully child, against and feloniously 8 yrs. her in the said County will of age, did by force, in and make an against of Va. These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said County, the body (bodies) of the above accused, to ans,ver the said complaint and to be further dealt with according to law. And you are also directed to summon B. .Mrs. L, Kiser Rodney Sgt. L. Jones Mt. Crawford, Vec,t0 r ____ Address ----□ color ____ Address ---□ color Address ________________ color Address color ____ Address ----------------- □ D --'---------------□ as witnesses. Given under my hand and seal, this __ 2_c5_t_h_--'da~-V: ~ Clerk. ~ iiid2.,, 19_53. (Seal) the, �STATE OF VIRGINIA-COUNTY OF to-wit: I. Trial Justice Justice of the Peace a m and for the County afor~said, State of Virainia, do cert1iy that and --------------------------~ to the Commonwealth ($ ________ ), as his suret _____ of Virginia , have this day each acknowledged themselves indebted Do1Jars in the sum oi -------------------------------------- to be made and levied of their respec!ive -goods and chattels, be rendered, yet upon this condition: That the said ______________ land5, and tenements _ to the use of the Commonwealth to Circuit Court shall appear before the Trial Justice ----, County, on the _________ of day of ______________ _, 19___ , at _______ M., at ________________ ,Virginia, and at any time or times to which,. the P.roce~dings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said from the date hereoi. shall keep the peace and be of good behavior Given under my hand, this ________ day of ________________ ~ 19__ for a period of _________ days _ T.J., J.P. ~~r f ~ (") 0 ~ V> ~ Er t'D < "'e () 'O r, 0 5; ,. ::i !" a.-::r ,. > ::0 ::0 >4 II> 9 5· ~ > Oo '11 > ::0 ::0 tTl Er "' 9 90 en C 9 90 .., ~ ~ "%j s· ,. .., ~ =l: ,. s· oq Er ~ 0 ~ ::i (") 0 ~ ~ V> ::i § s,. "' "' ,. t ,.,. "%j ~,. ::i "' a. a. 0 ::i ::i "' > .... s,. ,. n 0... "' "' ... ::i '< .._ (") ;;.., ;,;- s::: > .., ... ;;II> oq ,. ~ to t .., ... E "' ~ ::, ..._ 0 ~ ... w L .... ::n ::, £. a. C a. ... .., 5. t'D '< :?. 'O ~ II> .., II> n < ::;· 0 5· 5· 8-. __;· F. 'O 'O II> ~ .., oq ~ ( ~ II> t'D .., II> ,. 0- t'D ,.Er .., ::r - n .., £. ... p;· 0 -n =l: 5· ---· ri "' .., en en C "'C Er n * oq ~-::;.· ~n, st'D (") 0 C "' n"' "' =l: t'D .., .., .... n, ~ ~ oq 0 .., 0 0 ~ !' 8. .,,. i t.:rJ ::r 0 ~ ~ r, '< .. 9 z > t"' .., .., ::c: ::i ~ ~ == 0 II> to .., "' a. ~ t.:rJ .., oq L.1 '• (") (") en ~- r (") z.., 0a: z .... o· ::i II> 8-. .-i t:, 0 ~ ,. 0 r �SOUTHWESTERN MARION. STATE HOSPITAL JOSEPH VIRGINIA R, DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS September 23, 1953. Hon. Hamilton Haas, Judge Circuit Court of Rockingham County, Harrisonburg, Virginia. Dear Judge Haas: RE: KEYTON,John Edwin The above-named was committed to the Criminal Insane Department of our hospital by order of your Court for observation and report and admitted May 24, 1953. Since admission he has been carefully studied and as a result of our observations we beg to report that he is not now insane and that he has not been insane or psychotic since admission. This man was treated in the Veterans Administration Hospital for about seven months in 1935-1936 and again for about seven months in 1939-1940. He was considered to be suffering from a schizophrenic type of psychosis. The history from available sources indicates that he has been getting along satisfactorily for over ten years and this is verified by his guardian. The mental picture that he presented at the Veterans Administration Hospital does not seem to have represented any clear cut type. Here our diagnosis is "Per onallty Pattern Disturbance, Schizoid personality". It is felt that he is mentally competent and able to testify in his own defense. Respectfully, ~ Joseph R. Blalock, Superintendent. JRB/c BLALOCK, SUPERINTENDENT M. D., M. D. �, . �SOUTHWESTERN MARION. STATE HOSPlTAL JOSEPH VIRGINIA BLALOCK, SUPERINTENDENT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS September 25, 1953. Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County, Harrisonburg, Virginia. Dear Mr. Switzer: RE: KEYTON,.John Edwin Please find enclosed herewith, condition of the above-named. transmit a copy of this report in duplicate, a report on the mental It will be appreciate if you will to Judge Haas. Very truly yours, t:::::: le / ~ Joseph R. Blalock, M. D., Superintendento JRB/c R. M, D. ��SOUTHWESTERN MARION, STATE JOSEPH HOSPITAL R. BLALOCK, SUPERINTENDENT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS November 5, 1953. Mr. Robert J. Switzer, Clerk Circuit Court of Rockingham County, Harrisonburg, Virginia. Dear Mr. Switzer: RE: KEYTON,John Edwin Please find enclosed herewith statement of services rendered in the cas~ of the above-no.liled. It will be appreciated if you will place this in line for payment. Very truly yours, ~K-~. Joseph R. Blalock, Superintendent. JRB/c encl. Ml D. M. D. �r �SOUTHWESTERN MARION, STATE HOSPITAL JOSEPH VIRGINIA R, BLALOCK, SUPERINTENDENT DEPARTMENT MENTAL HYGIENE OF AND July HOSPITALS 19, 1953. Hon. Hamilton Has, Judge, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Warren Allen Evans, John Edwin Keyton. Dear Judge Haas: l'he above-named persons were committed by your Court to our Criminal Insane Department for observation and report, with the directions that the report be submitted in 60 days. I regret very much that we have not yet been able to complete our observations to the point where we are able to make a report ani I would like to request an additional period of time. Respec~fully, ~ 4 • ~~ Joseph R. Blalock, Superintendent. ~- M. D., M, D. ��SOUTHWESTERN MARION, STATE HOSPITAL JOSEPH VIRGINIA R, BLALOCK, SUPERINTENDENT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS July 19, 1953. Mr. J. Robert Switzer, Clerk, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Warren Allen Evans, John Edwin Keyton. Dear Mr. Switzer: I am enclosing in duplicate a letter on the above-named persons asking tor more time to study these cases. It would be appreciated if you would transmit the original to Judge Haas and retain the copy for your files. Very truly yours, Ce.~<Joseph R. Blalock, Superintendent. JRB/ib M. D., M. D. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............... P..r.'..~ .....G:~.9.:J:"..g.~·····9.·~····Bg.w. .....LB.;rJ.dge.w.g.t..e.:r..) to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the .........1.th................ day of... ......N.9.Y..~mP..~.:r. .............................................. 1953... , to testify and the truth to say in behalf of the Commonwealth against ........................................................... . . ........................................................................... JOHN ...EDWIN ...KEYTON .......................................................................... . who stands charged with and indicted for a felony~ And this you shall not omit under penalty. And have then and there this Writ. Witness, Jc1t:fiBfjljf~~B~JUt, day of.. .....9q.tC?.!?..~.r ................ , 19..~.;3...., and in the 17'2 ....... TH ■ •••••ca raeu, HAl&UoNaua.c, 1A. at the Court House, the ....?.7.th... �Uommonwealth v.) Witness Summons lJnliln Edwin Keyton To November 4, 1 953 at 10:00 (!'.1,.6_;u·; Le/~ ?!.~~- __ rN THE PSCKING·HAMBY D3LIVE ~~p-~~~--,T~~~ WITHit IN PERSON. -47-L A.L.S e- -- --~-~--------,. ROCK\ JGHAMCO NTY a.m. �In the Name of the Commonwealth of Virginia: , To the Sheriff of Rockingham County, Greeting: y OU are hereby commanded to surzon ····~···Q.f.;t.'J_g.~.:r. ..J~.~ ..... t., .... Kt~.~_?;'..t.(M!..~.~... ······•················· ............................ R.odney•...Jo.ne.sD....E.li.z.~1?.~.th. ..Aoo ....J_C>.D.-~.1:1., .....~P.:4 ...P..~P.~~Y. ...................... . • Vw. A. Spitz'er ··················--•-·-·-····································--------------- ··················--------·------·-··············································-·················-······································ to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10:00 o'clock, a. m., on the ......J~{~P.h .............. day of.. .........O.g.t.9.J?.~:r................................................ 19 ..§~, to testify and the truth to say in behalf of the Commonwealth against .......................................................... . JOHN EDWIN KEYTON who stands charged with and indicted for a felony ~r. And this you shall not omit under penalty. And have then and there this Writ. Witness, ~ ~. day of .9..~.~g?.~! .................... , 19.f>.~ ....., and in the 17..§.'!?.!?-.-. -t.Ja• THS l ■ aYIC£ Pl.EU, HAlll.JIONB\Ja,G, .... ?.9.~P.: .... at the Court House, the ... �Connnonwealth v.) Witness Summons John Edwin Keyton \ t • To October 28, 1953 at 10:00 a.m. ~ , ~XECUT:i~~/S1N THE COUNTY Ot ROCKINGHAM BY DELIV1:?~ A TRUE COPYOF THE WITHIN~ 01::t?YL TO /3, j£'. -~ IN PERSON. ➔ V �In the Name of the Commonwealth of Vindnia: Ii rrisonburg, Se"l'J?i~~~f XX>YGa:I, Greeting: To the & Yott are hereby commanded to summon ...... P..+:'.~ ...1.~.: ..,...~ ..J3.Y.~.I'.:$. ........................................................ . •··••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• . . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, day of. .....No.Ve.b.el'.'.,: ............. 19 at l0 o'clock, a. m., on the.4th. say in behalf . . . . . . . . . . . . . . .. . . . . .. of the Defendant . . . . ... . . . .. . . . . .. . . . . . .. . . .J.9 5J. to testify and the truth to in the prosecution of the Commonwealth against....................................... . ......... -~.4. ..J~.J~~ Y.:t.9.Il: ........................................................................ .. who stands charged with and indicted for a felony ~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ]. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ....26th day of ..0.G.tob.e.r., .........19.53 .., and in thel78.itlyear <j;;the Commo~weiilth .. ······£/(~f4Vf._~.r.l.t.y ,,,,,7 ~~ -t t< ~-z.., - ....-.., - , $ , • t fiit.,, 6 I ....... . �~>MJ~l ))~ r vJ J-..r-~ l;\I'<..<\ ~ ~ - .,., I ., T~e within summons was executed October 29, 1953 upon Dr. F. L. Byers at the usual place of business of said Dr. F. L. Byers at Professional Building, in the City of Harrisonburg, Virginia, during business hours, by delivering a true copy thereof and giving information of its purport to Mrs. Walter Green who was the person found there in charge of such business. rlsonourg, �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: r..~ ..... 'f.:1:1:~?.~.1:'. ................................... . You are hereby commanded to summon ............ J).~.P.P.:t.Y...~.?-.~J .... to appear before the Judge of the Circ4it Court of Rockins;,ham Coontv,at the Court House thereof, tn ~ovemoer 4 at 10:00 o'clock, a. m., on the .................................... day of.. ................................................................................. 19....5J to testify and the truth to say in behalf of the Commonwealth against ........................................................... . JOHN EDWINKEYTON who stands charged with and indicted for a felony iiJs~M. And this you shall not omit under penalty. And have then and there this Writ. Witness, J~~~JC)ln-~*~~iKl\;~t day of.. .....N.o.v..e.mb.e.r. ........... , 19 ..5...3. ..., and in the 17.$J... ear o TH& ,aal'ICB PREii. HAI.I.JION ■ lJI.Ci, ...... the Court House, the .....3.r.d ...... �commonwealth v. ) Witness summons John Edwin Keyton T O November 4, , l953 at 10:00 a.m. EXECUTEl)//-.7-S-31N THE COUNTY or ROCKINGHAM BY DELIVER.1)l~TRUE COPY~~ TO f:~ f /4 v, W!.WIN ~Arl ~¼ ~~ s' fr.~ �In the Name of the Commonwealth of Virgini.i: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ......... M;r.~.~..... R.Q.@.~.Y. ...J.Q.!.1~.~.J.....E.l.;i&~P..~.t.h .............. . Ann ..Jones ..,.....Offic.er ..B.•....L; ..Kiser. 1 .... and ...Deputy .w.•.... A.•....sP.i tzer ........... . to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the .....1:.1?.h ..................... day of.. .......... NgY.E:?.!P.:~~.r.'. ......................................... 19'?.~.. , to testify and the truth to say in behalf of the Commonwealth against ........................................................... . ........................................................... JOHN...EDWIN...KEYTON........................................................................................ . who stands charged with and indicted for a felony rMWMiXaYilUC And this you shall not omit under penalty. And have then and there this Writ. Witness,:Ji.jtt!61~~~~ltltlt;~IU~~~. day of...OQ.:li..Q!?..~.;r. .................... , 19.R9...., and in the 17........... at the Court House, the ...2.7..t.b.. .... �commonwealth v •) Witness Summons John Edwin Keyton • 953 at ~o November 4~ 1.m 10 :OO a. • �AFTER 5 DAYS RETURN TO DRAWER 670 MARION, VIRGINIA Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia �. . ,,:, �TRIAL JUSTICE COURT Criminal Docket . 12103 ... 0 Com'th V. John Edwin Keyton Defendant A Appearance Date Y- u-1 'I-- ..2. rand Jury Trial Date 4-28-5J. A �To Com' th Atty. ~ �/,,50 .,t;-/ } I 6t:::) ;.6~ )/c:) t-/ ?> ~ �OCT 1953 Docket No. 7,,-I1di. COMMONWEALTH ) vs. a"/~· J_,j'" 'Jl..r7 I- ·y/- 3 ) Felony (att. rape) ) 0 JOHNEDWINKEYTON yt' 3/ of VIRGINIA II .:J0 I H~a~rr=--y~B=l=a~tt.,.___ ________ Own (X ) Appointed p. d. ( ) () 5' "O :,- f "O !' I I ( 1-- ~ CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �~~ vs.~ COMMONWEALTH DESCRIPTION OF PRISONER Last known ,dd,ess ______--~~~--Co loc_ _'2 _ ij'"_____ Height__ __ ___ _____________ _____ ,L-c: k, _ Marks ___-~~~-----~ Age______ J_ ____ ___ _ Date of Trial_ ___ _ Eyes __ fJ.,u_____ __--~~-~-Occupation_ HaiL _ ______________________ J)1L. f __rJ W eight_/,J _ c)____ _ ___________ ,____________________________ _ --FA~~~ ,1----~--- -------------------- :_"'t,-//- __f,.> _____________________________________________ _ Result ________ /9__ --------------------------------------------------------------------7------------- ��COMMONWEALTH ~ ~ 2~ VS. ~.,,-,,, (I DESCRIPTION OF PRISONER Last known address _______________ yt'.'.:_ Color ______~ Height_ __..)_~_(;_ __ Eyes ___~---- Hair_~ Weighr__l__~_L_ __ {{2_/;::__ ----_--------------------------------------------------_(__ ---------------------------- Marks ___ ,I Age ___f:i __~------Date of T riaL __________________________________________ •___________________________________________________ _ Result _____________________________________________________________________________________________________ _ �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v John Edwin Keyton Subject The topic of the resource Felony Attempted Rape Description An account of the resource Defendant charged with felony attempted rape Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1953 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_017_004 Keyton https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_012_commonwealth-v-john-k-carr.pdf 846811e1d353834cf263a53ee39a9f67 PDF Text Text EB 1946 C0Ml1l0NWEALTH v. Felony (murder) JOHN R. CARR I I I I I" �I 11~ ~-/41/.~ z-----17 p - c:l.l?evv-it., 3 ~/4~ ~~ 7 ~ r --yy,~ t w~; /.0--_~-j =--~ �������In the Name of the Commonwealth of Virginia: ............................................................. ,,,........................................................................................................................................................................... ::;:;~ar:~e :L.tJ.:..~ 0 .:;::~: :.~d= ~;.~~~·=···~0;11_1~ '"' __'" ___.,,..u __ •' __ "'•_»•l<•r2 __ •f~n,eal1h . 0tht:s~f:ur:n;ot~see::u~~eo:; ___ agoin,1..__________ _ __ ___ -------___ _ who stands charged with and indicted for a f clony ~or;-And this you shall not omit under penalty of £100. And have then and there this Writ. Witness._A ROBERT SWITZER. Clerk of our said C:o'lt, at the Court House, the.. ~/./1±:-A.~ .................. 194._.& and of_......... Massanetta Paper Co. Print in the ./.1..t?. ..~ear -L~.,/.:-~ 'j}~ .. L4 of tr Com~+"alt\ .. FORM NO. 5 Clerk �not finding Goldie Garr nor 1::myof her immediate 1•amily ,execued '.:J/<;J/46 by posting and leavin posted titrue copy of this summon upon her door. v:, .rv~ For <::<--:: , vca: Dpt. . _ sheriff Se.In H Callender. ( l ~ " f~ ~ , . ~~ tJ-19 -r-u ff/ tLk/, il fo,JL CQ/?f d t:LliJ:.,uA I ' ' ~ t;-_~ \ l-t~f 1J A-t o-/a,__ t ~ c1~!k.;_, ' -~ . la.., ~ '~L ~ ~ • '1\ dY-~ ~ D~-- ... I I , I 'f-<-1' /Vrr' .J ,.J..V.,,._,.,,.i- ~-',_,, �~r'rf. • CD of abode, u·.,e copy E..x(;~t.: ~....~... ~u,,c~/7 of ~h USl~I p,aro ~abov 1,iOL () per, on, ii:, , •2' of abode, copy h/.~ ~ r plaining ~ being ·~ k~ t e purport ther ~~-..✓-:.T.~............... ___ ····---·················at his .. ~ ... ·-------····-·················· in drson, - t said ...... .~~--:!l~ .................... . a member of the purport thereo' (}?HftZ,7~tP1#~ fa, A~~ ., ~4.k to ..L"?.~-:- -·~~ usual place of abodf'.~ .. ;;t;:1.-1._~--~~.A,;Aeing his family above the age of 16 yo::..rs~nd explaining to her, Jfh,tA- u .., ....2:. .....././?..-r.. ...<f.?. ... ..by dollvaril"'g ....dt.~ of this ....... "' ~r.-rI, 6~-~ Executed a ··---~~ t eai • ..~.2/1,.,•>11~..,.,..,.,,_, ? d Z!! ..-:~!!..~-··• tho ab& v• 16 Cfe, r '3, and -J~#-: true 1 <J0rl {l,lfµdcrJ toher, place .. t i Uli , .. /7:::. ..~.t.'-z-'.....~ .......lily dollverln.~ I . ..../4..t?!-::47 ./k~·-·· of .1,·s •..•.... ..... ~..: .._.._.......at his ···~···t~f..~ Al1r-'I ��6 Arrest Warrant The Commonwealth of Virginia,} T •t • h am County, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, --~L=a~w=r~e=n~c~e~E=-~• ~H~o~o~v~e=r ________________ made complaint and information of the said County, chat _____ on the ;,...,11s)~r 8th 111d end dignit~r day of rn9Jjciously of said County, has this day on oath before me, ~J~·~=c~·~S~v~;-='1=r~t~z .......... , ~O~l~e~r~K~~T~-~·~T~,~r.~, O~J~, ~r...... t~----T. J. or J.P. J_o_h_n __ R_._C_a_r_r ________________________ Feb. , 19----1§_, in the said County,did k--ill "'.nd murder one Franson _ unJ :3wf'ully, Cn.Jdwell, a,?3.:inst felonthe peace of t,he Corn1110nv:oalth of ·virp:inia These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend before the Trial Justice of the said County, the body of the said ____________________ -q_____~c ......... :;;i.r--..1.r _________________ _____________ _ _ .....T__._,_h...._. ........... ___________________ and bring to answer the said complaint and to be further dealt with according to law. Given under my hand this __ l_2_t_h ___ Memo. of Commonwealth _ Witnesses: Name Address --------------------- ----- - - - - - ----- ---------- �,TATE OF VIRGINIA-COUNTY OF ROCKINGHAM, TO-WIT: and for the County of Rockingham, State of and .................................. . have this day acknowledged Commonwealth indebted to the ) as to .. dollars of Virginia in the sum of.. ..... which they severally waived their exemption, themselves to be made and levied of their goods and chattels, yet upon this condition: That the said ..........shall appear before the Trial Justice Court of Rockingham County at .......................................................................................... , on the ................... day of ............. ....... .. , 19........., at .. o'clock A. M., and not depart hence without leave of said Court, and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with said charge, and then and there answer the Commonwealth of Virginia concerning the within charge until the same is finally disposed of, then this recognizance shall be null and void, otherwise to remain in full force and effect . 19 ....... . day Given under my hand this, T. J. or J. P. or Bail Commissioner .... «I \ .., ':\l .., .... :, 0 u <I) .~ .., <J) l{) u) z.., ..... :S f-< u Cl «I C: ·c u ~ z ~ ~ ~ C) 0 ~ ~ .... «I ~ >--I H ·-~ ...c .., d) ~ C: 0 8 8 .., <n > c:: .r::: 0 I-:> 0 '"d • .... ~ > u \fl '"d :, U «I 00 C: >: ·r.il t:: 0 --0 v> .~ .... .... «I «I .... .., <I) .... u "' ~ <J) ~ J3 j j <I) ..0 g. C\l(., 0d d • !! '1 ,-4: C\}.;~ rl IC): (,A- - Yi- Yi- (cA- .: C\l: (,A- (,A- (,A- It): i I ~l lO (cA- (,A- (,A- <I) 00 «I <I) <I) OJ u.. \ <I) <I) <J) ~<I) ~J{: (cA- i o! d It); It) j, ~~ ~ "' ·c 0. ~ s: ~ C: >- '"d 0 --0 .... <I) 0 ..0 <I) <I) u \fl <J) :.::: <I) .... ~fll :~~ j <I) C: .... <I) C1l ·-.... <I) <I) u 00 ~ C ...c cii <I) <I) <I) ...c .s ~ ...C .., ('j ~: '"d .... 0 .... ..0 < .____,..._, <I) 0 -~ <I) "' .... 0 - ·e ::, --. «I ~ .., t-- ~ ..0 «I .... .... ~ ~ >- '-+-, 0 .... >- C: I ~~ .., u.. bO «I <I) ] <I) <I) <I) "' ::, u.. --. .~ .., VJ --0 C: «I ::, --. .., ~ <J) <J) j <I) C: .., .... ~ C: «I 00 <I) C: ·a :s \ cii <J) --0 u C: <I) \ C: >- "' 8 C: u.. s .5 1J .... cii :... Bv 8 o C: ::, ·c .... 8::, ·-.., 0 t: ·; ti; ...... f-< < U) ~<( u< --. 00 <I) "' ~ <I) <J) <J) u <J) 0 <J) <J)'"d <I) «I C: 0 <I) I «I .., ~ <I) <I) - 0 f-< ~ «I ~ ·e -; ~ ~ ~ ~ �LAIN ·- FILED. •• _· • ��COMMONWEALTH vs._----+~~'----'-"'')_fJl'-+-_,_~'""'-Ct.= ..... /J/2/'-='------=--------- 7 DESCRIPTION ~@.. __________________________________________________ _ Last kno:n address ____}_ __ J'l_~-- Color ____ Height__j_~-~- ____if2_ S_ ____ ____ PV Eyes______ ______ Hair_ __g _ _e____ /~-o Weight_ _____ 1r ._ ____ ___ ______ _________________________ rr _________________ _ Ma,ks _____ Age ___ OF PRISONER Date of Trial_ ___ /K.{Cvtr Occupation?t {,,.c./11/4--~ --- ---- ----··----------- ---- ---- -- -- ------ -- ---- _,,,_/ 1,,-,,,..-/9 t.,{-/ _____________________________________________________________ _ Result ________) __~~----------------------------------------------------------------------------- ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham • County, Greeting: You are hereby commanded to summon ............................................................................................................................ . === ~==· to appear before the Judge of the Circuit Court of Roc~am at 9:30 o'clock, a. m., on the/,//~ to testify and the tmth to say i County, at the Court House thereof, day of............................... ~···········:························· ehalf~om~agai:~ .19~., • ------------------·-········································································-·········-····································--·· who stands charge wit nd indicted for a felony M-l+~~~~ And~J;-9mal>},1~~n~enali~~~Jj'~;k1}yp-and there this ;rit. Witness, }a~~~EiM=f,llli;iiliiil~ of our said Court, at the Court House, the .. 'i.. ........ f, .. day of.. ...~r·····--·• 19.,f/t,. , and in theA .1/4 ..year of the Commonwealth. . ................................ £..~~···········•~ THE SERVICE PRESS �., ,..,. :,- C 0 - ~ r+ ::r - Ill (P s» - a, (I) ,:, 3 C 'C = I» CD ga < (D i,j 0 0CD 0 "O '< iii (') '< .... .... ::r 0 l» 0' (!) :J C: I :) 'O ., ,.., S' 0 0. .... e: • fr] 0 I - ,. )( I 0) .... II> O" (I) (I) '< (D ' 0 rrJ S:& 11> G) "O C ct 0. i I ~-/ z i ril (I) :::c E-1 (/l 0 a, ::s e-. .... Ill PH z ::..) (I) CD !".i:10 'O rzl~ )( e: :!. ::, (IQ r+ 0- ::r CD (P - 'ti ::, r::: ., IQ '8 ., 3 " 3 .... ::r a CD CD ; -,; .... 0 SI> :I~ 0 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ;6(~ :: :~:ae:~c~::~ea~h:!,u::et::t~ei!.~:f~~~.~~~°.~~.~' t~ t~ti~ an~the ::th to say i~~wL. ..~~.~~~.~~·~·~·~·~·°-·~~e 1 e_..-tl"-'7'-~JI\ who stands charged with and indicted for a felony rrrisd-em-eaor. And this you shall not omit under penalty of £100. And have then and there this W.!f:...J day of .~62l=:R~'s;44R~n~l::\:: THE SERVICE PRESS o~,~i=o::se;t~e·~~: �y . •ot findlng ..4,~~~t:..-,,;::!:.:;tl.44(,.t~t::::~ ' ., t:I"-.. =./..~ .._:._... ~..f_. ; ..co of a.bode, Executed .....f....£ .... rue opy of this ,.f .• U..L .. __ ,........ -.....,............. to.: ___ ,_...by dellv rln l..J!:.!;.l............... .. ........':t..J..,••w_,J.••• ' .I ..«::.:....< ....... (,;.......... ..t.............................. In person, a.t said _: ..._•..,_.,••'!d.,./3.. ••.••: -~-- I £1 UGUe.\ pl hist ~ht o of ub da...- ......,.,.-..~·-'-•+ .. ··~··•·./.(,,._ •••• ·····-·-·--··--··-• mUY above t e age of 16 years, an explaining .~ being a m'3mber of the purpor't thereof / ~~ ~%~1 �']:rial Justice Criminal Court Docket No. Comre.cmwu:i.l th vs. John::. tJ. TAT .,_ •" • Carr A • .L.rraigr ~d 2-1:::-46 3-1-46 Held to await the action of the Grand Jury. ��CV,"" Mor.1 wel"1'- r v, H CL,<'/ teit _j__ INSTRUCTION The Court instructs degree is any wilful, malice aforethought. deliberate The Court further of a human being premeditated, manslaughter such killing still further is the unlawful of blood and sudden passion, from malice. that murder in the first and premeditated instructs be malicious then The Court the jury the jury that but not wilful, is murder instructs killing killing if the killing deliberate jury degree. that of a human being upon adequate and in the second the with voluntary in heat provocation,and not ��C'o"""'# a IV vJ 2 "1 (. T H v, CA~R.. INSTRUCTION The Court Virginia order instructs is presumed to elevate the burden the offense prisoner. to be murder the offense of proof the jury that every homicide in the second degree. to murder in the first in In degree, is upon the Commonwealth, and to reduce to manslaughter, the burden of proof is upon the �• �---- ---------------------------------------·- --...,.------~--- ...... INSTRJ CTI ON intend The Court instructs the jury that or which is the natural consequence Carr, which he does, of his own act; shot and killed sumes that use of said he intended weapon. therefore, Branson as shown by the evidence, that under Caldwell a man is taken if the consequences and probable the accused, with a loaded the circumstances that to John R. rifle, the law pre- resulted from the -----~ �~--- �(!d,,..,,MO,VvJtAt;T tf· v, C.A R..R.. INSTRUCTION The Court instructs the jury proved by the use of a deadly upon the plea fense rests of self-defense, upon the prisoner; not such defense sider all where a homicide weapon, and the prisoner the burden of proving and in determining has been established, of the evidence that the jury and circumstances for the Commonwealth as well as that relies such de- whether should in the case, for the accused. is or conthat �.' - 0 r .·, �.s- INSTRUCTION The Court instructs intends the jury to connnit murder or other well-grounded, unaccompainied any such intention of prevention. immediate will that bare atrocious act killing There must be some overt that felony, by any overt not warrant fear however indicative the party act a man of by way indicative of danger at the timeo And the Court further however grevious or insulting, instructs do not the jury justify that words, an assault. �I �Cc1H Mo,,vtvt ~';j ·TH v~ CA1'~ Jh 4 INSTRUCTION 'The Court house may resist instructs the jury the entry of a trespasser, to kill, unless it be rendered or great bodily harm. able property, or inplied, it the owner of a dwelling but he hes no right to prevent where there of imminent danger is manslaughter, it necessary If he kills ground of apprehension that is then murder9 loss of life is not a reasonto his person and if done with malice, express or �.l �PrisonersReportof Rockingham CountyJail Name _____ ----- - \?___2 __(',!,.._~-- __ Date Bailed Out_.2:_~_l_':/._ Male ___V._Female Separated ___~_ Vocational ------ L ~-?f- ________Age_ -~--- ~ -~--td _h___ ________Date Arrested _j_-:_ __ ________Again Placed in Jail_ _________y __~_;l_.J__ ~--~-~ _ __Race ______ Single ________Married _________ Divorced ________ Widow ________Widower ________Illiterate _______Gr. School_ _____ High Sch. ________ 1~~ _______College ________Drug Addict ________Inebriate ________Occupation __ Employed ________Reason for Being in JaiL_ _,!_ ___ ___ _T -E~ _______ 1.._ _________________________ _ Reason for Release from Jail _____________________________________________________________________ _ --- J_-~--(LL_~---- Amount of Fine ..___________Cost_ ___________ Sentence Time ____ ____________ State ______~ _______County ___________________City ___________________Town ___________________ Federal. _________________ Army __________________ Navy __________________ Others ___________________ Miscellaneous ____________________________ABC____________ ______ _____ Ins. ________________________ Date Committed ___________________Date of Trial ____________________ Date of Release--..- _____________ 11 Court Committed From ________---~____ ___,_____________________ Type of Court_ ___________________ Transferred From _________________________________Transferred To _________________________________ _ Reason for Trans fer _________________________________ .._____________________________________________ Physical Condition ________________________________________Contagious Disease, If Any ___1J~t. ____ Fine After Prisoner at Jail; Amount to State$ ____________Amount to City$ ____________ Date Reported ________ ____ ____ ____ ___________________Deputy and Jailor _________________________________________ . ________Sheriff ~ ~ (l{Arw -I 3,v/ , . { ~/ 1>,y ~ i-1b ��~ I , J f - I / , r , ·~ 1,, ~ , ...., - t ~ ~ __Jc ( t ...: - I ---++ 11 I L -------+- t L �+- - '---------_l_ 4 ---------- --I- ---t+- 4 �STATEMENT DAT~___________ NAM....______________________ 194_ _ TO SAM 1--LCALLENDER, S~ERIFF DR. �-~ l \~ :3,~ - -....... -......, �This and the day came again accused, recognizance, of this the John R. Carr, and the case instructions of the the verdict, and after returned the jurors to set to tLeir of voluntary his pursuant heard came again is the contrary court "We, the jury, to the law and the in for G. C. Carpenmer, evidence R. Carr, the costs confined in the Penitentiary at hard days in order incident of to this of this However, sentence to allow of Appeals Court. the connnonwealth labor. of this And it the is defendant for l of the therefore recover of the prosecution, state sus~ended cou tAthe considered defendant, the of counsel for which •,.,. and that for a period to apply a writ jury, 1' .., ;.-1,t,,r is on motion and is wihhout of the to which action excepted. that of this the accused, at confinement and for misdirection by the court Court and as charged (signed) of their court find mans:aughter punishment overruled, by counsel, execution the argument into ~ months received room to consider in the Penitentiary. to sup_port it accused, the trial the accused, by counsel, moved the court and grant a new trial on the ground that the verdict of the jury/ixx~~Nxxax~xt@xxk~xxarwxl!m:OC the verdict motion to his and having and having some time they commonwealth, Whereupon, aside evidence court were sent and fix the and sworn for to adjounmnent; guilty months foreman." impanelled verdict: indictment, for came in person following John R. Carr, eighteen jury came pursuant counsel, the the attorney John he be term of eighteen for the accused, of forty (40) to the Supreme of error to the judgment ��IN THE CIRCUIT COURTOF ROCKINGP.A.M COUNTY,VIRGINIA COMMONWEALTH ) ) ) v. CHARGETO JURY ) CARR .JOHN R. ) If you find charged the accused, in the indictment, malice aforethought, meditated, and fix tiary his for find punishment life, and that that it find him guilty nor more than twenty If you find Caldwell den heat, find at confinement five ATTORNEY AT LAW HARRISONBURG, VIRGINIA him not guilty malice years. in the indict- aforethought, and premeditated, but then you will and fix his pun- for not less of murder degree, but that aforethought, actual provocation, of voluntary than five in the first he killed degree, Branson or implied, or in mutual manslaughter in the penitentiary and fix for not less combat, upon sudyou will his punishment than one nor more years. If you find LAWRENCE H. HOOVER as charged in the penitentiary degree in the peniten- than twenty in the second degree, with and pre- in the first with malice as years. on reasonable him guilty than deliberate in the second without was committed or by confinement of murder, of murder, deliberate of murder the same was committed at confinement nor of murder was wilful, any term not less of murder guilty the murder him guilty him guilty was not wilful, ishment it at death, or for If you find ment, and that and that you will John R. Carr, him not guilty, you will say so and no more. ��Commonwealth of Virginia, Rockingham County, To~wit: and acknowledged ~to --7~---- be indebted to the Commonwealth /-~~::_ ____________ to be levied of their respective goods and chattels, Virginia rendered, . ' ~- That if the 'V CJ , l< _ _c :-!-"-c _____ Ctiirnil A.,,,=-Court o f Roe k·mg;;h Trial Justice's 0 (I'{;'_ L _l _ Cou~..,t ~-~ lands and tenements, and they each severally waived their homestead this condition: of ~- of Virginia each in the sum of_ ________ _ 0 ------~-Dollars, ($_~~£2t2 _), for the use of the Commonwealth exemption to their recognizance; yet upon C~ _______ __ hmur~ __/_y_ p_ ________ .::Cerm th.et.~Flg-tbe ,ha II pecsonally appm befme the h ouse o f sat"cl County, on t h e ___ ,/_1~__________ clay L _________________________ , __, and at such other time or times to which the proceedings may be_continued by order of a competent of or further heard, and before court, then the above recognizance shall be null and void; otherwise to remain in full ��COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand for Court of said oaths of February, do present 1946, County, of the Commonwealth of Virginia. a witness term, against before the 8th day and feloniously did the peace and dig- is found upon the testimony sworn in Court and sent the 1946, upon on or about unlawfully nity in and and now attending February John R. Carr, and murder one Branson Caldwell, give evidence. ATTORNEYAT LAW that at its kill ders, HARRISONBURG, VIRGINIA County, in said This indictment LAWRENCE H. HOOVER of the Commonwealth of Virginia, the body of the County of Rockingham, Circuit their jurors of E. P. Lan- the grand jury to �Murder COMMONWEALTH v. ~ Term, 1946 JOHN R. CARR Felony: February ~- A True Bill: / E. P. Landers Witnesses: /1. foreman Lawrence H. Hoover Commonwealth's Attorney � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v John K. Carr Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1946 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_014_012 Carr https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_016_commonwealth-v-john-l-todd.pdf f40459da543829480a02386dcfb86d29 PDF Text Text L COMMONWEALTH v. TODD INSTRUCTION The Court instructs from the evidence the jury beyond a reasonable made and delivered to defraud, I unto Steele that if you believe doubt that Appliance Company, with intent a bank check drawn on the Farmers Bank of Staunton, Staunton, Virginia, John L. Todd and Merchants in the amount of $150.00 knowing at the time of such making or delivering he did not have sufficient ing establishment shall for the payment of said find him guilty in accordance as used above, understanding funds in or credit of grand larceny be construed with such bank- check, then you and fix his punishment with the Charge to the Jury. shall that The word "credit" to mean any arrangement with such bank for the payment of such check. ;/ ti or ' ��COMMONWEALTH Vo TODD INSTRUCTION --- The Court and delivery instructs of a bank check, the bank because such check, further of lack is prima facie of knowledge of insufficient bank, such maker, unless that the making payment of which is refused of funds or credit evidence by of the maker of of intent to defraud funds in or credit with and such or someone for him, pays the holder thereof the amount due thereon written notice that the jury within five days after such check has not been paid. receiving �, �COMMONWEALTH v. JOHN L. TODD INSTRUCTION The Court to be innocent every by evidence reasonably of innocence stage guilty beyond hypothesis thereof, and if, after it is their him not guilty. however strong, Mere or preponderance unless such evidence ;I;/ doubt, the entire heard duty to give the accused suspicion case, of the evidence amounts at in the case, against him in the of the doubt and find of the guilt of the accused, nor is it suffici supports to proof beyond arrl applies upon the whole made the benefit or the probability to convict, This presumption all of the evidence the charge by the and to the exclusion with his innocence. throughout to prove is not sufficient weight all reasonable having the accused in the indictment doubt of the guilt of the accused or as to any fact essential indictment, as charged consistent goes with the accused the jury have a reasonable case, the jury that the law presumes until he is proved Commonwealth, of every instructs NO. the charge every reasonable ent if the greater in the indictment, doubt. �.1. .G �COMMONWEALTH v. JOHN L. TODD INSTRUCTION NO. 4The Court cases, instructs the accused's plea of not guilty places proving his guilt beyond himself innocent. testimony exists accused, the jury that in this case, If, therefore, of the witnesses in the minds they should a reasonable doubt, on the prosecution upon a consideration a reasonable find him not guilty. the burden and not on the accused and the circumstances of the jury as in all criminal to prove of the whole case, shown in evidence, doubt as to the guilt of the the there of ��COMMONWEALTH v. JOHN L. TODD INSTRUCTION The Court instructs is a mere accusation any evidence of the accused's to be influenced in this case. or charge against the jury that the indictment against guilt; the accused, the accused, and no juror because in this case and is not of itself should permit or on account himself of the indictment ��COMMONWEALTH v. JOHN L. TODD INSTRUCTION Commonwealth L. Todd, further there instructs to prove beyond at the time he made, on the Farmer's Company, The Court and Merchants that he intended that the accused was insufficient presented NO. G --=-- the jury that the burden all reasonable uttered doubt that the accused, and delivered Bank of Staunton, to defraud said Steele knew at the time cash or credit is upon the John the bank check drawn Virginia, to Steele Appliance Company, of uttering and delivering Appliance and said check at said bank to pay for said check when for payment. And the Court a reasonable Company, knew there for payment, further doubt that the accused and further tells intended that at the time was insufficient you that unless to defraud of uttering cash or credit you believe said Steele and delivering beyond Appliance said check he to pay for said check when presented then you shall find him not guilty. �T �COMMONWEALTH v. JOHN L. TODD INSTRUCTION The Court charged is the intent instructs to defraud, No._2_ the jury that the gravamen and the Court further lack of funds in the bank at the time the check is uttered prima facie such intent. presumption of such intent, tells of the offense you that the creates and not a conclusive only a presumption of ��COMMONWEALTH v. TODD INSTRUCTION_£ In considering its burden of proving the Court instructs "reasonable" founded doubt, whether the guilt the jury nor its on reason, of the accused that meaning. you should A reasonable imaginable, conceivable In passing charge, the jury at the trial ences doubt, with case, its is a doubt which is imaginable guilty of the proof beyond of the to the evidence the natural The jury or possible doubt. consideration including doubt, the word a man must be proved upon the sufficiency to be drawn therefrom. to create doubt or possible must limit of this beyond reasonable not overlook and is not to be confused for the law does not say that every or not the Commonwealth has met cannot and reasonable presented infer- go beyond such evidence nor can you go beyond such evidence to find inferences of guilt. Furthermore, arising from lack tionable fact proof of evidence, to the proof concerning immaterial If, of the evidence, prevent then after If, conviction all a reasonable a convinced the evidence of the truth reasonable doubt. of the accused and not a mere consideration in such a state belief of all of doubt as to of the guilt of the accused, burden. an impartial in the case, of the charge, or from ques- circumstances. and honest after any doubt be a doubt of a material to meet its hand, in mind that testimony and nonessential on the other of all bear should of the guilt the Commonwealth has failed consideration fact, your minds are left you from reaching should from conflicting of any particular essential doubt the jury and reasonable you have an abiding you are then satisfied beyond ��COMMONWEALTH v. TODD _7__ INSTRUCTION The Court of witnesses instructs is a question the appearance of the witnesses the reasonableness mony, their apparent or lack candor they apeak, to the parties, if of the trial, cumstances determine if weight their and consistency their the relationship the interest testiintel- of the witnesses of the witnesses other the jury are more worthy manner of apparent of the witness and from all and from of their the opportunity on the trial, which witnesses stand, and fairness, any appear, appearing is the relative accordingly. any, the credibility for the jury; on the of intelligence, to know whereof that exclusively testifying, ligence the jury in the result surrounding has the right of credit of any such testimony cirto and what and to give credit ��COMMONWEALTH VS. 0:0IIA( )._£-£ LJ /) D DESCRIPTION OF PRISONER Last known address --,,.,A-+2......,__._cL-<rt:'----'=£~#----,,.,/'-----<-/J1.,__,___,TL..!_. _._,,__,_}..L>t_.,,_/2~10'-"'~=-.,,,_v _______________ Color W//11£. Height Marks----------------------------------Age :]fo :s--: 7 Hair i?/?ow/V _ Weight /77 ��\,,.....r-- - - ----__,~---- �I ......... - I -f r-- l �~+' v- 'O (I) •r-iQ) .. .µ H .. S::::+' P. ::S+l OOQ> 0 S::: P.•r-i0 +' 0 sQ) 'O >< 'f..t Q) f..t a> VIRGINIA: ::, Q) 7, 1964. o .µ IN THE CIRCUIT GOURT OF ROCKINGHAMCOUNTY, July +' 0 a>>r-i s::::•r-i...c:. Q) •r-i'O E-4'O Cl) S:: •r-iS::: ... s:: •r-i:: ::tommonwealth r-i ·r-i • ctt Cl) 0 0 Q)(l1Q)S::: • ~ ~:5~ ...c: ~ >¥. .0 ::, On an indictment charging felony ( grand larceny) Q) oa>S::M+' o s •r-io ~ohn L. Todd !\1 4-t 'O 'O 4-t O 'O ·s::Q) 0 >. ~ H... g ~ This day came the attorney for the commonwealth, and the .µQ>H<l>HO fil ..c:ctt-o bO ~ccused cc, .µ ..c:s:: Q) .:. ::Sa> .bO s John L. Toi.ct, came pursuant ' Octl. to his recognizance and by his ><...C:a> a>.µ ~ttorney, William A. Julias. And from persons summoned by the f..t•r-ici,r-i +' ct1+l <:S::: ·a>a>£;- • 0 'gsheriff under a writ of venire .facias, twenty persons were examined ...C:S ,-HQ >. c,:! +' ~·8. S ~y the court and found duly qualified and free from exception; where-o bO~ 'l'"")"d M M • <l> . . . rn a>-o • ..... -~r-;:jupon, a 11.st conta1.n1.ng the names of said twenty persons was handed Q) +' Q) Cl) ...., Cl) ...C:4-tCllf..t+'M -o <l1 ~~4-t ~to the s::::-o o .O> , ct1S::ctl0 0 n1 o +' ternately ... <I> .o+J +' --..c: 0 •r-i .µ ~ maining 0 0 ·r-i'O Q) (.) E13 "2s 0 "24-t -~~ > ...c: a>Craun Q) Q) ..c:> .µ for struck twelve, the commonwealth therefrom namely: Alexander, the Russell Forrest and the accused, who each names of four persons, and the E. Whetzel, Armentrout, H. A. Scott, L. B. Carr, alre- Jr., Eva Mer on V. Miller, Q) Q) ..c:.µ --s::+> James W. Alexander, H >-•r-i 4-t •r-i f..t4-t .µ Otto S:: 0 Q) -o ...C:'l'"")(t1•r-i+l <l> ::, -o '"Floyd Cl) attorney H. Glenn, W. Fisher, and H. R. Kline, Jr., B. E. Cline, selected as aforesaid Iva Gordon, to constitute C/l 0 § f..t~-g "'sthe jury, were sworn to well and truly try and true deliverance make +' !\1 .µ ...c: .µ "d Q) (.) o•r-i --r-i oo•r-ibetween the commonwealth and the defendant at the bar and a true ::SClla>•.-1 ...C: S...S:::;: <l1 O ;:: ~ g := 'I'"")+'..verdic~..J~ender according to the law and the evidence; and having ~It. s:::: s::+'a> VT •r-f S .;_; ·r-f 8 ghea~he evidence, thereupon, the accused, by counsel, moved the Q) (.) C/l O (I) 0I\ ..C:Ei •r-f>. 0 'O +>o-o ctt •r-t>court to strike the same on the ground that said evidence does not O M "d Q) "d f..t a> ..C:a> a> > o to defraud, which motion the court overruled, and said >M r-i +> a>show intent ·r-f •r-ibO "d ...C: JI. ~~-~~~+>accused, by counsel, excepted thereto.~ /And it ...heing inquired of •.-1 Q) Q) .µ ~ 0'0 (' f..t -o~~ s ~said accused if anything he had or knew to say why the court bO.µ r-i a> ... s:: oSr-i~ :~ ~ 4-t ~ ~ ~not pronounce sentence on him in accordance with the verdict ct1 H a> ·r-fi:: ..c:j :S§ 5 ~jury, and nothing being offered or alleged in delay thereo.f, 'Oa> ~ p,.O.µ should of the it is considered by the court that the commonwealth recover of +' ~ H s.➔ ..C: ~ .3 ><-o"'t'the said John L. Todd fifty dollars, the fine aforesaid, and the ::sQ) ·r-fQ) ct1 'I'"") s.➔ 4-t ~ costs incident to this prosecution, and that he be confined in the ~ H~ en >.otherefore Cll S::::·r-i.0 t 'O 'O (.) s:: ...c:s::s::oo +' n1 n1 ro 0 jail (I) of this until :~\\ ~) said county fine for and costs the term and purposes ')\ J\'l9}subject to credit the period are aforesaid, of ten paid. said (10) And he is term days, and thereafter committed of imprisonment for any time he has been held in jail to jail for to be awaiting trial) �1 �L JOHN 190 TODD. MT. SIDNEY, VIRGINIA ••, 68- 118 514 B X ~ -f'v-Thl:,; AY ORDER OF ~-...--- ,I"/, ~~ (f /4 .., OLLARS ,1--v 7 FARMFP.S &-MER£ilANTS BANK OF STAUNTON STAUNTON. VA. , 11 0000000 ~ -S 00, 11 , ~ ��OHH E. 'I ouv· MT. SlONEY, VIRGI IA ?L;,~ Pffll~oF~~£~~ t)J--zJ.2-5' / 19~ $/ti ::J 68-118 514 U7) _LD0LLARS _.,,._.,,=-"=-_____..a-,,....L.==::-__~0~·;~_/4<.J_,u:r."=-1 _____________ 7 fl{MER~ &Mt~CHA' TSJ;ANK 'OF STAI ~TAUi'-. 1 NTOI',. T :,N, VA, of.~ ,,•000000 iooo.,· �·-~ l' 29-_ NOV P~Nt, P.E.G.·<'? I~ V 0) ,r N - {Q""~ ·1-·1, f- E G' j : /q 1 / ; ·,;·... r.:.. k - ... ·-· >,-101 • ' ? I /fl I ._.~--""-""'--------! \" ., ,:;. • ' "A. C I .,-I-"" ! '- N �- -JOHN L: YOQD 199 MT. SIDNEY,-VIRGJNIA 68-118 19/a,.l_ ' A")".-~ T0"'l1E ORD'ER R i'.,; ~, I' /;hI /_ o._,.~?7r 514 F'd/4~ ~..,_ :&-? -~~~5".,~~~,~~~~·~~___!:_0~C~/4~,,.-oro_-=:::::=============noLLARS, V INTH[HUFITOfHl[~PPUl!EtT 7 5 FARMERS &MERCHANTS BANK OF STAUNTON STAUNTON, VA fL i"OOOOOOO 500.i' ,. �~I'. P.fG I""! BM r B• BC • 27 NOV - "' 0 c:o z f"> �- 198 • JOHN L. TODD - MT. S:illNEY,·VIRGll.;IA /JA ,.,,...,U,_,kf.~,J ___ ~19.£i_ $ 68-118 s14 LL z.J- / ---"""'""-L---=-=c.;;...,.-------'"'::: :::-~·=-...L........,~=.,;//"""J'---""- ____________ S& ERCHANTS BANK OC' STAL.:;NTON STAUN roN, -./A. DOLLAR s �=1 ~ r""> g- "11 :g .o = ~.& - "'t:'ll r- (. S - -"~ 'l'I -t :t 111 0 ;u " ~~ :,,~:a a -~ i �J~.TOCO JO~N MT. S•DNE":{, VIRG 196 _ IA JJ -~f_&v __ DtJ THE raRDER OF ____ ~. C. ·t v_" t;J 7: ______.=::..,..,__ d~~~ MERS &MERCHANTS BANK OF STAUNTON STAUNTON. VA. ____ l~_~gb.3 $ tiJ·3 68-118 514 7 ;z • �ij. VAtlEY BA ••n on,Virg • . �JOHN L~ TGE>D " 185 MT. SIDNbY, VI'tlGINli\ 68-118 514 7 FARMERS , MEitLHAN C;,,F ~TA",;JN(ON STt' UNT N, VA. �"r: r ,, t• . I---·-- JO l~...--t~~-~~~ �JOHN -I.:~TOJ;D - - MT. S-I:lNE:Y; VIRtH:NIA - " OF STAUNTON STAUNTON, VA. 202 ��189 JOHN L. TODD MT. SIONEY,-VIRGh~IA- /)d tP-f/ 68-118 514 -~~~=-'-=-==·~xtL~~--$?& ___________ QLLARS FARMERS &"MERCHANTS BANK OF STAUNTON STAUNTCN, V/> ,' 9.00-f;L, •, I ��'f: 192 JOHN L. TODD MT. SIDNEY, VIRGINIA 19L1_ STAUNTON, 68-118 514 VA. i"OOOOOOOB00, 11 ��204 JOHN L. TODD MT. SIDNEY, VIRGINIA ~ 68-118 514 DOLLARS STAUNTON. VA. './ .,.,t... -r • r t:-kt--c•( C ••·0000000 b 2 51 11 �r Pf Y �183 JOHN L. --TOD:0MT. SIDNEY, VIRGINIA 68-118 514 . ottunu: (/ ,; .... ., .. ""lNT,UH LH 'j ��- 182 JGHN L. TODD MT. SIDNEY, VIRGINIA 68-118 514 .,-_._,.,~~~~~L~.t,oL·, c,~/u1~· v-r:,~· --==============:::::::;r:2p::::::=no LLAR s ' ~ FAEME~S :&ME~TS BANK OF STAUNTON STAUNTON, VA. .\ •• ��187 JOHN L. TODD. ... ? l P / t9B ~ ' • THE '"'ER 68-118 s14 OF ~~~~--.,..-"--v_V &MERCHANTS BANK ________ DOLLARS ��JOHN~- 206 T0Du MT. '.3IDN2Y, VIRGINIA. ~~ lo·5Cf ~Lt. ei:o s ;I.L. 111 0 ;i. ;i.a,: (J �______________ ,- PAY \ I p. E.G. �205 JOHN L. TODD MT. SIDNEY, VIRGTNIA ->~==-&-c..=-------'--' q'-'/'--19&.A_ £ AY • TO THE ORDER OF 1/£ cf?~✓---------'-'----=----$ ~~~~A~J..L~~t,,_~~~~l~J~ ..~~~L/p-r~l~================eDOLLARS ARMERS &MERCHANTS BANK / OF STAUNTON STAUNTON. 'IA, 68-118 514 c21 ,,-r; �en ·~------...,.-0 I �- JOHN L. TODD MT. SIDNEY, VIRGINIA OF STAUNTON STAUNTON, VA, 194 �--- -·~--- : 11-)/1"'"o I THE o•o•· OF 11.117: "Ill~ eA,.,,c OR BANKa11 FA1011 ~N~Ofllaati11r, •u~Tl&o :.::.:i=z!c:¥$::::.::r --- I -L ; Nov ; ?. •6 3 c ooo ""T • •• . { j I ,u.,rru111111,r111r1111111 / : ,;}'! srm,... Vf11f1!4 6B·ll1j -- u,. ------ . • ,.. ....J co ::;;,,. -,. .__ ...,.., ::-::, 0 .....,0-,, ~ -u -~ <.' �201 JOHN L. TODD MT. SIDN&Y, VIRGh~IA 68-118 514 OF ST/'.I STAUNTON INT0N. 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/. Title A name given to the resource Commonwealth v John L Todd Subject The topic of the resource Felony Grand Larceny Description An account of the resource Defendant charged with felonious grand larceny Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1964 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_021_016 Todd https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_015_commonwealth-v-john-l-todd.pdf fc4f371d74c69cdec4ef338ee5a88241 PDF Text Text J/7/G '7 9~{ /, / !~ 1/.a i, J, J. 7//, C--< Docket J No,l/l7t I COMMONWEALTH of VIRGINIA ,. ~ I I j. , ,/,. VS. C.. Indictment ) ) Felony ( g. 1. ) ) 1. JOHN L. TODD ,-< I ,, //. { '")., ,,,.. , 1964 April 20. Return of Grand Jury. Order for May 5. • IJ capias. Accused arraigned of n.g. entered, to jail. 11/169. 11/170 and plea and remanded 11/177 June 17. Order allowing attorney to represent accused as self-employed; case continued to July, on mmtion of accused. 11/190. /· c30 July 7. Jury impanelled; evidence heard, motion to strike evidence overruled & exception; verdict of guilty and sent. fixed at 10 da. in jail and $50.00 fine Motion to set aside verdict overruled and exception thereto; judgment entered on verdict. 11/193. CIRCUIT COURT OF ROCKINGHAM COUNTYI VA. �.. ".. .. "< 0 z z 0 z'" < n .. .. .. "' 0 (D :[ " ,.. > "' "' .. > I �COUNTY COURT A Criminal Docket Commonwealth V. JOHN L TODD Defendant Appearance Date 2/21/64 Trial Date GRAND JURY 2/21 /64 ���") �Comp. Form 18-150M-2-l-63 STATE OF VIRGINIA ~ OF \ No. _____ To-Wit: _ Harrisonburg City TO ANY SHERIFF OR POLICE OFFICER: James B.. Sipe Whereas, John G. Leake has this day made complaint and information on oath before me, ____________________ Justice of The Peace (Title) _ City (Name) of the said ~. tha.._ ______________ _ City John L. Todd in the said ©ffli¥ty _______________________________________ or about 14th November 63 : Unlawfully _________ end feloni nsly, _ did otY/ th'-- ____ day of_____________ , 19__ meke 7 utter and de1iver, with intent to defraud The Steele Af liance Company, a bank check on The F rrrers & Merch~nts Bank of Staunton, Va., dated November 14, 1963 pay ble to Stee, e / ppJ ience Compimy, in the amount of $150.00, consideration uttering therefor, and delivering insuff:tcient P"'YJ!lent, egainst receiving present pnd he, the said Jrhn L. Todd, we11 knowing at the time of said check to Stee-e cEish or credit Ap ltance Company, that there was at said bank to pay for said check Then presented the peace and dignity for of the .Cormnonwealth of Vtl.rginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Roe· ingham County Court of tk~County, the body (~s) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color ____ Address ----------------LJ color ____ Address --□ color Address □ color Address __________ color Address _ --------------□ as witnesses. 6 Given under my hand and seal, this_ _t_h ___ ,day of____ }' F_e_b_ru_a_ry ________ u~bL (Title of Issuing Officer) JUSTICEOF THEPEACE _ 19_ 64 (Seal) �STATE I. . OF-------------------~ OF VIRGINIA-COUNTY ------------------- to-wit: Judge of rhe County Court Justice of the Peace a in and for the County aforesaid, State of Virginia, do certify that as his suret _____ and--------------------------~ to the Commonwealth .,,__ _______ , have this day each acknowledged themselves indebted DolJars of Virginia in the sum of ------------------------------------- ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to Circuit Court shall appear before the County day of _____________ _, 19___ , be rendered, yet upon this condition: That the sai~--------------------, County, on the _________ of at _______ M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain _in full force and effect until the charge is finalJy disposed of or until it is declared void by order of a competent court; and upon the further condition that days the said --------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this day o '---------------, 19__ _ Judge. J. P. ..., >-rj (1) ...., (') 0 ~ 0 fJ• ::0 cr' fJ• :;; p., q - O<Dc+P>CD'O;;° () fJ· H, 0 ~ ~ I-'· CD ::S ~ C:: I-'· CD en Cil ::S n 'O cr'<l ~ s· < ~ ::s (1) n, ~ U) ~ ~ ::x:J §p., 0 :::Sl--'~P..P..5~§ (fQ p, ~ H, ~ (1) 'i () ~ f~ I-' :::s ao. ~ ~ § p., s: I-'· en I 0 0 '< 'OP>O s:::~ (D (fQ I-'• ~ P> (D c+ p. I\) 0 • c+ I-' :,- n ~ < s. !" n, "'.... :,... tn· >4 n, "' 3 s· .... "' o· p 'i p., p., il> ~ • P> 'i (1) \j • OQ (1) PJ (D ~ c...I-? :;; ,:!(l)P,OQ ~ 0 H, 0 H, ts fJ• p., <l P> (1) ::s 'i :::0 :i,:: I-' I () t_-<Z a: z a: p 0 z 0 1-30 . ~ o'I1 °' ► p_. :::0 :::0 (/l f-'• a, ts l:t.1 ...., ts ► . ...., CD ~ l:t.1 > t?j t"' ...., (JJ 1--'l (D ~ ::, () ~:::o c+ P> I-'· en~~ ~► 0 s::: ::, t1 0 ::E g, ;. n, 8,~ ::s :1. 0 ct: P> CD ::s p, CD P> 0"' c+ ::s cr' 'i I-'• (1) <: cr' p., :::sI-'• ~ £. fJ•'<: fJ• ~ fJ• 'i c+::s ·c+ ;. OQ c+ ~0'1 ::s:::t n,. en ~ :::sc+ n, c+"'-,... t-a c+ c+ I-'• p, O<Den'i~ ,.'< ::S 'i fJ· CD CD I-' s::l___~ 'i OCDP., § oooc+HJ s:: :::s c+ 'i ::s l\) c... CDP> t?j X ::i:: '-< n :,- ., ::sp., "' -"' cr' .... (I) t I {IQ c+ .. ~ "'- "" ::h '< "'- £. ::, ' ~ a,;· 'T1 s· (1) (1) :,- >-l 0 e. >-l 0 e. (') * s· \lQ 'T1 (1) (1) u, (') :,- 0 B B 0 ::, ~ (1) ., & ?: (1) 1 $ s ~ <> u, 'T1 n, ~ ~ (1) ---.,(1) ~ (1) V, (;) § n <> ., :,,- b:l ~ .,>-l ~ [ ., .,~ a i:: ::, 0... ~ 'O n, ::, .,0... '< ..... s· F' ., e.. \lQ ., a (1) .,5 \lQ 0 ~ 5 s· 8 ., 00 'O 'O (1) ., ., JS" ~ er n, §' ..... 0 .,, n, . 8 ., ;. <11 p (1) '< r (') ~, ~ " ' >-l ::,- n, ]:: 0 u, >-l u, (') 0 i:: p 0 p ~ ;. ~ ~- ::: ~ C) - r §: ::;· 0 ~ i:: ~ ~ (') 0 s· s~- (IQ .. f! n, ~ n, ., ..... <11 ., Q i:: p 9 n, ,.., 0 \lQ e. N n, 0... <) I v) ~(' �.0 0 T 6 7 5 6 5 7 8 6 6 6 5 5 5 .6 .38 .8 4 .8 2 .0 0 .3 8 .6 4 .6 8 .12 .12 .9 8 .0 0 .0 0 8 .50 6 .5 4 5 .0 0 5 .0 0 6 26 7 .2 4 6 .6 8 5 .8 4 5 .0 0 1 3 8 .7 0 T �------------ �COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The Circuit Court of Rockingham County, The Grand Jurors April of the Commonwealth of Virginia, and. for the body of the County of Rockingham, Circuit Court of the said County, John L. Todd, on or about City of Harrisonburg, make, utter Company, a bank check, Farmers and Merchants therefore, said dated oaths the present that and feloniously Steele did Appliance November 14, 1963, drawn on the Dollars Staunton, ($150.00), Virginia, receiving for merchan- and he, the said John L. Todd, well knowing at and delivering Company that there bank to pay for said the peace and dignity and sent said check to the said was insufficient cash or credit check when presented for payment, Steele at against of the Commonwealth of Virginia. Upon the evidence open court now attending to defraud Bank of Staunton, the time of uttering Appliance unlawfully with intent the sum of One Hundred Fifty dise upon their in the 14th day of November, 1963, in the Virginia, and deliver, Term, 1964 of C. L. Steele, to the Grand Jury witness sworn in to give evidence. �COMMONWEALTH V. g.l. INDICTMENT A True Bill Attorney <J ~~ ..-----; JOHN L. TODD James R. Sipe Commonwealth's �COMMONWEALTH v. TODD CHA!<.GE TO JLJKY If you tind the accused as charged in the indictment, punishment by confinement of not less guilty you will in the penitentiary your discretion, by confinement exceeding months and by a fine Hundred Dollars It no more. in jail larceny, say so and fix his than one year nor more than twelve of grand tive for a period years, for a period not exceeding or, in not Five (~50u.uu). you find nim not guilty, you wi11 say so and ��In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded of Rockingham County, Greeting: to summon--------------------------------------------------------------------------------------------------------------------------·-- C. L. Steele - c/o Steele's --------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------. Appliance ------------------------------------------------- Co., ----------- H'burg, Va. -------------- -------------------- ---------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- - ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------· to appear o'clock, before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, -- at 9 :30 a. m., on the ?_Q_t.b_ __day of _____ _Ap_;jJ. _______________ , 19_§_4__, to testify and the truth to say in behalf of the Commonwealth before the Grand Jury, against-------------------------------------------------------------------------------------------------------------·- J ohn L. Todd who stands charged with amki:miide<lxoox a felony IW~llW"• And this you shall not omit under penalty. Witness, burg, Virginia, JAMES R. SIPE, Commonwealth's at the Court House, the __JgJ;bof of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- ________ Ap.x.il _____________________________ , 19 __6_4_,and in the .l8.9.tb " year ��In the Name of the Commonwealth of Virginia: - To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ------------------------------·····-·-··-·····························-······-·················-·················-·-·····-··· C. L. Steele, c/o Steele's Appliance Harrisonburg, Virginia ··-····-··-····-··········-··--············-··············-····-·---·•-·-····-····--····90··wes·t··Ha:rket···st·~························ ·- • Company ·····- ······-·· --··················· ---------------------------------------------------------------------------------------.... ---------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------········-----------------------·-··-······-·············-············-··--····-············-·-···········-···-····························-·-·········-······-·······-·-·····-·--·- ---------- ~-';;;;::' ~-··· ••• f ·•--·--···-··············•··--····-···-·········-··-···-·-···----··--··-·---···-·-···-·-·····-·-·············-···---·····················-··-·····-·· ~.v...... J' ·A,_ • •• • •• ()~~ ---·······--····--·-····--·-·····-··-·--·-····----···------·-··-·····-·-··-···----···--·-···········•······--··--·--··--··-·---···-··-····-·-··-····· .X.: to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth ·-·?_~~day ~g}QtlHi4:lJHRy, County, at the C •• ,--,..__--, • ·- 0 of ------··~·~_!J.___ ··--··--···•19_..?.~-, to testify and the tru against······--··-·--·-·--···---······-···-·····-········--······-············-·-·-··-··-·····---·-·······-···--·--··· John L. Todd who stands charged with and indicted for a felony JH.kli@XKJlmQr. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the--~~-~··-of -----·----·-·-···J..YJ_y····-····--···--······• 19_.9A·_., and in the of the Commonwealth. •·--··- -~.--"'.'~·-· -~~-~·"··- ---- --·~··-·-·--·-··-··-·--······-···-···· .UHH:;h year Commonwealth's. Attorney .. �r~\:?1··: ..-r.~~f~ ,:r~ Nrvt·.-~rf! Du.P.,r...:l "' .ru.n.; r ,fv .:.~=i·H1:w ,&·mm-~..1'-J't-,,:-,_·"·;, ..;;.-~.•.. 1 0Y ;;~ • Ii • r • a """"'~ ,,,,.,...• ·• H-\~ S'71-e ta.\ •• \ \ '~ .-. * !Ji. r. Ill 1111 'II.. . -•.!;.._•.;.le,,_..., /e '11',.-. ,,_ . __ - •---• A. l. STRA~f~ M~,__...... -~ :_ 1 _ - ~r~t(~t~;;;. 't ,'lo 'Ill. ; _,1. ·.- ~"·'' ~4o!ll'-"\"., 11.;a.,, .. ,~1!,,,,:t..,;._.;;ij & ~~• �Comp. Form 18-150M-2-l-63 ST ATE OF VIRGINIA COUNTY OF ____________ l _ I No.,_____ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, --------------------------------------has this day made complaint and information on oath before me, --------------------- (Name) of the said County, tha.L________________ _ (Title) ________________________________________ did on th._______ in the said County day o,_______________ , 19__ : Unlawfully _________ _ These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said, County, the body (bodies) of the above accused, to answer the said complaint and to be furth~r dealt with according to law. And you are also directed to summon: color Address color Address □ color Address □ color Address □ color Address □ as witnesses. Given under my hand and seal, this.____ __.cday of________________ (Title o( Issuing ~ Officer) 19_ (Seal) �i t5l,),0 a -SotltJ Iv · To DD that GLOTH AND LOVELEpS . and ~e ~wit: of the--©sani.'FCetw. in and for the C~ Justice of the Peace t D "1 D' £__ --~e=y~~-71."":.1,'""?J."''l:5.~ ...... ?...... -..P.f+.,a,.l'-~.!.. N+-l~/V...,,...,£_W-,-t,'e..,.,..IJ...,y.,...,'J:.._._/2...., __ F_Tt. __ , as his ~ ~ret of ViFIDiffff-~7t!f~m of/ f;E/11 rtU1v to the Commonwealth <$ /c5'ooe.. ~QC.fQN6-/{1J07, of 7'' "rn HN t...J._.Io County,onthc "' ha_v_e_th_i_s_d_a_y_ea_c_h_a_ck_n_o_w_le_d_g_e_d th~~lves indebted 1 e""" Dollars lands, and tenement~ to the use of the ~011wealth to "'£ ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: That the said aforesaid, State of Virginia, do certify D~~ , shall /')' appear before the JtJJV£- dayof Bv12'-- hJ 'tilJr • Court ~,19~ at 3o.AM:., at .4RRt s O /II 'Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; ai:111 utt 11 !he fm::tiwueelmiotm~ ~J.P. ;:. n, (") ... 0 tTl X n, !>JC; (') (') 0 n, 0.. < s. (') 'O "' "' 1;;::, !" n, 0.. ... ::,- -~ n, > n, } D < t:; ::0 ::0 X llJ 3 5· > z llJ >-'l 0 r+ o· ::, ~ ~ > ;:. ::0 ::0 n, tTl ~§: {fl >-'l ::i:: ::, (') ::,- ., llJ llQ -"' .... -'° I 0.. llJ ::ti '< 0.. ~ ::, ~ n, oo· ::,5· l)Q 'Tl n, (1) -(fl- ('"l 0 ::,- B 0 ::, :!l (1) ., & ?; 6 .... ::, ~ s ::ii 3 <1> .... ~ lb" ~ n, 'Tl (1) ~ ----ll {fJ (1) ll (lo ., n, g Q B g. e:. ('"l· lb" .... ;,,- tx:I ~ >-l .... E: ~ C .,.... ~ ~ ::, 0.. g 'O n, ., 0.. <: '< ~- 0 ..., 5· _F· .,::, ., ~ <: 0 5· 'O 'O ., ~- __;· .,.... n, ~ er n, o' .... n, g., B- n, ~ r >-l ::,(1) ~ 0 ::, ('"l 0 C ::, g. 5· :!l s· ll ~ ;. ..., g_ ('"l ;:;· 0 :!l l)Q n, Q "' C ::i "' ~ n, g., .... n, r .... ,.., (1) ~ C ::, ~ 0 l)Q 0 N. n, 0.. �SCHMID'S PRINTERY, STAUNTON, VA. State of Virginia, County of Augusta, to-wit: BE IT REMEMBERED, J5:t.D: ...........day of .......F.'.~P.:f.~,l/;!.}'.'.Y .............................., That on this . 9.½: 19.... ~.~.8..c1.?.~.r. ...?..1.~...!.c17~tiYety ....J.o.l:m...1 ...'+.o.d.d................................................................ and .~!'.~ ....~.~·c1·~·~·1..1. ... personally appeared before undersigned Bail Commissioner, Justice of the Peace for the County of Augusta, and waiving their Homestead Exemption as to this obligation severally and reshctively acknowledged themselves to be indebted toltcJDcY~Monwealth of Virginia in the sum of ........?~.?. ...~....?.1?-.~~?.~.............................................. Dollars ($ ............................... ), to be levied of their respective goods and chattels, lands and tenaments to the use of the said Commonwealth rendered. John L Todd THE CONDITIONOF THE ABOVEOBLIGATION Is SUCH,That if the above bound ··············c·1t ·····or······················ shall personally appear before the Judge of the the County of Au1usob onpthM ....~J.$.:t. .. Virginia, at fe~ony_ ~.f 'l: ¥f-!P/t . m., then and .. day of there rcrisnnburg ~rJtt=:,,~~•Y;t ourt ot ....f.~.P.J.'.U$,.+'.Y, ..................... 19...6.4 .., thereof, in Staunton, to answer the Commonwealth, for and concerning a certain ~ Bad Check charged to have been by him committed, viz: ................................................................................................ if the said offense be a misdemeanor, then, non-appearance shall be deemed to constitute a waiver of trial by jury; and shall appear at such other time, or times to which the proceedings may be continued, or further heard before any court, judge, or justice thereafter having, or holding any proceedings in connection with the said charge, to answer for the offense with which he is charged; this obligation remaining in full force and effect until the charge is finally disposed of, or until it is declared void by order of a competent court and shall not depart thence without the leave of the said Court, Judge, or Justice and be of good behaviour and keep the peace until such time, then this obligation to be void, otherwise to remain in full force and effect. 15th 64 February Witness our signatures and seals this ........................................ day of ........................................................, 19.......... ~~········/··.· ;;;,~ ····························~·*···~~~ ..................................[Sd] ......................... [Seal] [Seal] [Seal] Signed, sealed and acknowledged by each of the above named parties before me on the ........15.th................ . February 8 64 day of .........................................................., 19.........., in the 18........................ year of the Commonwealth, the surety thereon qualifying under oath as to his sufficiency. ~.5..t.~ .. day Given under my hand this the ... of .........r~b..r~~.~Y ..... 9.~ ................................., 19..... 7 ~ ... .....) .. ·;:<-/t✓".f,q.~...................................... Justice of the Peace of Augusta County ~~~ Augusta County �DocKET No. Bail Bond Commonwealth of Virginia vs. ) �~ --r'Y • c-7'7Lr Urd-t✓ ,,zj.,o/ A,er ..."""'c!-tJ < .e[.~A .,,,, "'4(.:r- )'~,,...b /£~/ - ~> r~,t.,~ .,~~~"?'? ~,,,'/ 7 -t. ��~~~~~ ~ _zL/-~ ~!~ ~~~-L ~~.AJ,;tg. .~ (f~ »?) ~-~ /2~iJ /1)& ~duJ~. - .Jlt;fk~- ��I THE COMMONWEALTH OF VIRGINIA. TO THE SHERIFF OF ROCKINGHAM COUNTY, GREETINGS: We command you, that you take ____________ J_ohn ___ L..____ '.fo_d.d._________________________________________________ if he be found within your bailiwick, and him safely keep, so that you have his body forthwith before the Circuit Court of Rockingham County, at the Court House thereof -------------------------------------------------------- -·. _____________ ----------------·-· ---------to answer us of a certain _____ f_al0ny. ___________________________ whereof he stands indicted. And have then and there this Writ. Geo~e Witness~ W. Ke~er, the Court House the2ls-t day of _____ April-,--··--------, 19_-64, in year of the Commonwealth. THS SER'flCA PUSS, HAa.auoNauK. YA. Clerk of our said Court at e ___ 188.th ________________ ·------------------------ �COMMONWEALTH VS ~7 c/,./4 A d~"t:._ -z::; J'.·// l -fi, /4/•/:t vd' -~, cc,✓-c p;~. //(- �Commonwealth v. On an indictment charging felony (grand larceny) John L. Todd This day came the attorney accused, Uohn L.Todd, attorney heretofore appointed, accused, in person, moved the court to represent him herein was granted, and it counsel, this at 9:30 a.m. came pursuant as his the commonwealth, to his that his said self-employed until recognizance A. Julias. William is so ordered. case is continued for and the and by his Thereupon, counsel attorney, said be allowed which motion On motion of said accused, the 8th day of July mext, by ��FARMERSAND MERCHANTS BANK STAUNTON. THE STATEMENT VA. BALANCE 2.COOM 2.000:1 * 8.00 ✓ * 10.00 2.OODH 5.00 10.00 50.00 FORWARD * 2.00DX 2.GOOM 1.50SC 2.000H 2.000 2.00 : 2.COD 2.00 11 NO. OF CHECKS DEPOSITS CHECKS 5.00 BANK BOHNL. TO!DD RT. 1 I1:T. SIDNEY, CHECKS VA. FRIENDLY 2.00D, * J OCT'J16J* 9.01 6 NOV-16; * 6 NOV-26J * 'J.01 2.49g* 4.49g* 10.4;2* 12.1:c;e* * V1163 * 210.83 * 129.·': ~ • 22 NOV 2063 * * 10'3.25 * 96.JO * '1J6J ✓ 14 63 * 15 6J ,(; V 160; * 55.20 L.. * 2J N0V266J 25 NOV 216J * 26 HOV 29 6J * 27 NOV '306J * 28 OEC-963 * 29 DEC 1063 * 29 tEC1063 JO DEC 12 3 * 31 D:C1463 * J1-0EC1'763 '1 OEC 2'}6J * * * 6.2SRT· * t* * 32 DEC.2~63* J2 DEC 28 63 * J4 DEC3O63* 5.00 62.26 ~ 6.25 'J5 JAN-J 6~ J6 JA~-4 6b J6 JAU-76!.! 1J8.18 MEMORANDUM SC-SERVICE CHARGE FOR PREVIOUS MONTH MEMORANDUM EC -ERROR CORRECTED OD-OVERDRAWN CL-COLLECTION RT-RETURN ITEM LS -LIST CC-CERTIFIED EXAMINE THE AT ONCE. ACCOUNT WILL * * * 91.JO i(• 81.J0 IF BE NO ERROR CONSIDERED Is CHECK IS REPORTED CORRECT. IN TEN DAYS YOUR -l-:· J1.JO * l!,55 * 2.J5 * .J5 ;{• 1.65: * ~).)? * J.;5 * 1.;5 * 6;.61 * 42.68 * * 154.29 * '3'7.Jl 16.11 ~, THE LAST AMOUNT IN THIS COLUMN K E Y PLEASE 1.51 * * * 1J K0V-963 261,32 , 5.'37 OM-DEBIT * 8 tmV-26J 21.20 CM-CREDIT * * 9 t:ov-lt63 * 12 ffilV-8 63 * 2.0O0H 2.000!1 14.68 * * 20..00 26.75 2.2OSC 2.OO0H 2 CODM 62., BALANCE OCT 2663 OCT 266J 1 OCT 2863 2 OCT '.)06J 2.00DH * * DATE BALANCE �RECONCILEMENTOF ACCOUNT ,.______; TO PROVE THE BALANCEAS SHOWN ON YOUR STATEMENT: 1 Sort all checks included in this statement numerically or by date issued. 2 Check off on the stubs of your checkbook each of the checks paid by the Bank and make a list of the numbers and amounts of those still outstanding in the space below. 3 Deduct amount of any service charge from the balance in your checkbook. Enter this balance in space provided below. ANOTHER SERVICE OF FARMERS AND MERCHANTS BANK OF STAUNTON ''THE T H E M A R K 0 F FRIENDLY A M 0 D E R N BANK" E L E C T R 0 N I C 4 To the sum of the outstanding checks add the balance from your checkbook. 5 List below all deposits which do not appear on your statement, and add to this total the balance shown on this statement. 6 The two results should agree, proving both the statement and the check stubs 7 Please report any difference on your statement immediately. CHECKS OUTSTANDING CHECK NUMBER Total Checks Outstanding Balance as Per Checkbook TOTAL Deposits Not Credited On Statement Bank Balance as Per Statement TOTAL AMOUNT �----- DIRECTIONS FOR BANKING BY . )] MAIL:;½,#. 1. Fill out attached deposit slip. Write name at top exactly as account is carried on our books. 2. Endorse checks as follows: Pay to the order of Farmers & Merchants Bank. (Your Signature.) 3. Enclose checks etc. in pocket of envelope, seal, stamp and mail. 4. Send currency by registered mail. 5. For duplicate record of deposit, put carbon paper between deposit slip and back of deposit receipt. '+' / MAIL DEPOSIT RECEIPT TEAR OFF HEREAND ENCLOSEIN ENVELOPE WITH YOUR DEPOSIT~ --- ov 111961 _ Staunton, Va.,,____________ We credit your account this day, as per name and address below with $ ~b J 3 FARMER~ANTS Per~~ ..2._ BAN~ J} U...,,- �\ �DIRECTIONS FOR BANKING BY MAIL: 1. Fill out attached deposit slip. Write name at top exactly as account is carried on our books. 2. Endorse checks as follows: Pay to the order of Farmers & Merchants Bank. (Your Signature.) 3. Enclose checks etc. in pocket of envelope, seal, stamp and mail. 4. Send currency by registered mail. 5. For duplicate record of deposit, put carbon paper between deposit slip and back of deposit receipt, Staunton, Va.,_ ____ ill/ MAIL DEPOSIT RECEIPT We credit your account this day, as per name and address below with S -- A '\!I . l' TEAR OFF HEREAND ENCLOSEIN ENVELOPEWITH YOUR DEPOSIT. ,,:f'J',o..S- FARMERS ~ ~RCHb-NTS Per & ?_6_'f_9_61 __ ( ~~t{J_C<_r_ BANK �\. I �To ···~ ~t.z (_ / , ,/ v- ... -... .n / .. .{.lft.(0-·f.<tn.'.~?..'.. ........... .. We charge your account and return herewith check Reason Checked o/T.. ... $ /.~-zJ. .~. ·····!······z·, ..•!6.Z·,·.55,TM;····s··h·e·n··a·n··d·o··a·h·u·P,.r,e ~ 1 ��ro > r::::.- .B r::::. ::::, ~ (/) t ~i::i ~ ~~ ii.z: :::icx: E-<::c ril c..:, ii. es ::::E oa (/) 0:: cw ::::E 0:: ~ □ ENDORSEMENT □ MISSING □ NOT □ WRONG AS DRAWN BANK OstGNATURE □ UNCOLLECTED FUNDS □ OTHER REASON (SPECIFY) �\ �197 JOHN L. TODD MT. SIDNEY, VIRGINiA 68-118 514 DOLLARS OF STAUNTON STAUNTON, VA. , 11 00000 l. 5000.i' ��JLL~~~- frl ~ AY- f () tJ~ µ , ~ • .J) Yr7ry.; A-ti-,._; • ' v~r;- ~ ,JL_ L ~ ---,,u.-~ ~¥- ~.~I'~ .J-4 . f-' --=-'1: .__ ~J, r, ,,£,_J_ ~~ ~_,__,..d__ {2_~£ _._: ~ ~ -Y~ _,__;_ ~-__J. J.,L ~ /4d .,,L?-· ~ ~ / •Jn.,_,_f ~ ~ ,,d..__, J ~ ___.t:._ ~~ ~ ft / 7 7 ,.J .,l.,.Y-~ __.L-.,J ~~ a., ~ . tJ.--ddJ_ ~ r~ ~r~~~- ~ -~~,P?? - .F"Y.s/ ��December ,r o John Todd oute 1 .. t. idney, Virginia 1 Dear Lr. Tod: Your check ,.'197 in the amount of ·150.00 to us the second ti e due to in3ufficient ,le 11iut have the ,150 .00 within fiv ~ day forced to take legal ·ction to collect. Very truly Co :... 3teele CLS/ec lr s b ~en rdturned fund'. or we will :,rour.:.i, be ~O, l9b3 ��Jan M.1.--.John L. t<J ~ D To d 1 Mt. Sidney, Dar ry 2, 1964 Virginia Sir: Steele Appli noe Comp ny h oed with me for i ediate ttention a check d tad November 14, 1963 in the ount of $150.00 p d to the order of Ste le ppliance Company, which ch ck wa executed by you and wh ch is dr wn on Farmer • Merchants Bank of Staunton. This check wa given as cash payment for television set purchased by you on November 14, 1963 from Stele 1 c Company. The check has been erchants Bank marked twice returned "Insu.fficient from Farmers Funds". This is to put you on notice that if a money order, cashier's check, certified check, or cash in the amount of 150.00 is not received by the undersigned within five days, appropriate and necessary action will be taken. Sincerely, Julian JKH:lap C rtified M l Return Reoeipt K. Hie an �.c I.. n � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v John L Todd Subject The topic of the resource Felony Grand Larceny Description An account of the resource Defendant charged with felonious grand larceny Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1964 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_021_015 Todd https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_005_commonwealth-v-john-theodore-rowe.pdf d0bb3a7e813cfce0562ed9913c54314d PDF Text Text manslaughter 4),~/62/- ~--- .~ ~~~- �j �Comp. Form 18 l STATE OF VIRGINIA :ftiiifiY No._____ To-Wit: _ OF_~Harri~=~·=~---------f ~O ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, ___________________ of the said ~. t, (Name) tha~--------------- (Title) , in '!'!1,;1odoro l!?W +- I, 19__ did on th~--"'--- : Unlawfully ________ =--- These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the ro" ~ n County Court o~id, County, the body ~s) of the above accused, to answer the said complaint and to be furthP.r dealt with according to law. And you are also directed to summon: color Address 0 color Address □ color Address □ color Address □ color Address □ as witnesses. Given under my hand and seal, this ___ t?___ d.ay of---,...----,,,·P=--•-1 __ ()Z2 --: ______ __, (Seal) �STATE OF------------------~ OF VIRGINIA-COUNTY I. -------------------- to-wit: Judge of the County Court Justice of the Peace a in and for the County aforesaid, State of Virginia, do certify that and ---------------------------, to the Commonwealth ($________ as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of ------------------·------------------- ), to be made and levied of their respective goods and chattels, lands, and tenement~ to the use of the Commonwealth to Circuit Court be rendered, yet upon this condition: That the said ______________ _ ----, shall appear before the County County, on the _________ day of ______________ _, 19___ , of at _______ M., at ----------------,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared vojd by order of a competent court; and upon the further condition that che said -,---------------------shall keep the peace and be of good behavior for a period of ____________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ day of ________________ , 19__ ays , Judge. ;. l:I1 >< n, n n, ..., () 0 ~ cn '%'.I "'e n 'O no 5· n, ~ < s. ~ n, f;;:::, n, o. ... ::,- ~ J. P. 0. ;. > ;. n, n, ~ llJ t:1 0 ~ iii' n, 0 X ::0 3 0 tr, 0 a: a: 0 z 9 > z..., 5· ~ 15" :::, s. '%'.I ;. ::0 ::0 1:11 ~ :, ::,- ., llJ IJQ -"' .... ::r, :, z ~ tr, > t"' ..., en ,_, ~- n 0 > n, ..., ::0 :x: ..... r 0. ., '%'.I s· n, ..., ~ ~ 0 E () 0 ~ en 3 3 0 en C: 3 3 0 n, IJQ () 0 :::, ~ ~ ;. :::, :::, " s n, cn en s· > ::: ~ > ... s 0 ., ~ n, cn cn n, en n, :, 0. llJ :::, nn, '-I ~ '%'.I n, n, llJ () ;:;., ;,;- ~ ;:;.., IJQ n, > ., ., n, ~ tc ~ ..., ., [ ~ llJ ., ., C: 0. 5. n, '< ., llJ a 'O n, :::, ~ :::, 0. tc «' ., 8, 0 I" 0. llJ s. < ::;· s· < ::;· IJQ IJQ F jii' ~ ~ 0 I" 5· 'O 'O n, llJ ., 0n, -. 0 -. n, <ch ;. n, ,_, ::,n, [ '< 0 0 ~ 0 Q D. s· C: ., ..., rll g p rll ~ ;:.· ;. n, () 0 C: I I ~s n, I I (JQ ., ... 0 -. () 0 C: ... :::, :< cn cn n, cn ~ ., n, n, ., " e. n C IJQ N n, 0. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v John Theodore Rowe Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_021_005 Rowe https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_013_002_commonwealth-v-john-tolley.pdf 0572c050ac297569a1fc5142b479984f PDF Text Text COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: In the Cirouit Court of said The grand for jurors of the Commonwealth of Virginia the body of the county Court at its April term, of Rockingham, 1935, the 27th day of February, Court able held for county appears the trial Tolly of the appeared ~lexander in the court Court, give upon said feloniously Alexander Morris as a witness should be the the said J. lexander became material Morris the Morris for to inquire stopped said was killed on November 9, 1934 and also John Tolly night that upon the trial did not state they left said in the said depose, swear, county and testify of November 9, 1934, shortly after and that there fact being he did not state feloniously among other Alexander in said was a dead man down at he did stop and noth- it Via the night Hattie things having then and John Tolly a short Henry Raines whether or ,, not the George Morris Via's, so sworn as a witness he did not go into he and said he should or not the said to inquire of upon the trial aforesaid at the home of said aforesaid and Clerk and that a dead man down at Hattie John truly Switzer, at the home of George Morris the home of Hattie John county, then and there oath; whether they left upon of the the whole truth, the felony time after said in said Switzer as aforesaid the evidence truth, was that for and on behalf that Robert by Honor- Morris court,and duly sworn by J. Robert aforesaid, on and at the Circuit the felony and was then and there by law to administer and Alexander for that one Henry Raines, said Morris, upon the trial of the said killing court trial do present one Alexander of the said house thereof in said the truth, authority there said county Court, by the records aforesaid, said ing but for oaths in the court Judge of said on an indictment more fully in said in and and now attending upon their 1935, said H. V. Bertram, tried said the County: add that there- did on the said willfully that that and corruptly on the said night the home of George Morris it-orris left the Hattie home at any time that Via's; whereas at the home of -George Morris that Via home night in truth night that and in and did �•ct • �state in said home on that occasion down at the home of Hattie and there willfully, upon the and corruptly perjury, against Morris, in Court trial whereby they and dignity had left the said in the county swear falsely the peace This Hubert said Via; that a dead man John Tolly aforesaid feloniously, and €eloniously and sent commit willful of the Commonwealth of Virginia. indictment Robert did then is found on the testimony of George Morris, R. s. Dwy~e and J. Robert Switzer, Clerk Morris, and Alexander Morris,l\witnesses sworn before the grand jury to give evidence. �Perjury Commonwealth v) Indictment John Tolly Felony April term, 1935 True Bill: ..... Foreman 'Vi tnesses: George Morris Hubert Morris Robert Morris Alexander Morris R. s. Dwyer J". Robert Switzer D. W. :Earman Commonwealth's Attorney �Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .......................................................................................................... . ::::::::::::::::::::::::~:::~~:::::::::::::::::::::::::::::::: .. :::::::::::::::::::::::::::::::::::::::::::::::::: ...• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock., a. m., on the ... /£ .......... day of ......... ~ ........................................... 19 ...J..9.7° to testify and the trnth to say in behalf of the Commonwealth before the GRAND JURY .................... .. ::·::::::··::.::· :::···::::::::::::::::o;4-;r··-_·.::·:::::·:_ ::::::::::::::::::::::::::::::.::::::::::::::::::::::::::::::: who stands charged wl'-~·'f~:~y misde1 And this you shall not omit under Jnnalty of £100. And have then and there this Writ. Witne;~J· d,y of .RfJBERT SWITZ~R, Clerk of our said Court, at the Court House, the ... .f. .............. ··"F···· ..... 193 o' ond;,, th, J,S.p (1 THI SERVICE PUSS, HARIUSONBUIU;, 'IA. 11::t;,t~~ weal h. ' Cle,k �Executed on the 12th day of April, 1935 by delivering a true copy of the within surnnons to Geo. :.orris, Robt. :.orris, Hubert Horris, Alex 11:;orris, R. s. Dwyer and c. D. O'nonnell, each in person. ~~~, :::Jeput y far ~ Fawley, B. R. C. ~ ~ ~ "~, ~ . 11 ~ ~~~~ �In the Name of the Commonwealth of Virginia: You are hereby commanded to summon~.~:~~~ •df~::::~:::::~::~~::::::::&.~~:::::::::: ZJ;If,;;;;d[L~••;z•g~ • ••-····••••••••••••••••••• Court House thereof, 19 2..r- who stands chargedll:tvitl and indicted for a felony 1n-M·de'1nea-no . And this............ . .. .................... shall not omit under penalty of £100. And have then and there this Writ. Witness,Pf:[};~T d,y ,, •• , SWITZER, Clerk. of our sa~urt, "T . . 19 3 ~ ;n th, 1, SER VICE PRESS, HARRISONBURG, VA. No. 457 7~ .. 7:0-;r;!J.:.:::r~ ~ THE at ~he Court House, the . Ck,-k ��2 Virginia, Rockingham County, To-Wit: To the Clerk of the Circuit Court for said County: 1, Hamil ton Haas, , Trial Justice for said County, do hereby certify that I have this day committed,___:J:..._o_h_n __ T_o_l_l=---e_,y..___ _________________________ to the jail of 5aid County, that.__ _h_im_____ in the may be tried before the Circuit Court for said County for a felony by committed in this, that.____ 195..5._,inthesaidCounty, mony which h_e ____ he gave unlawfully on oath _ as Circuit Court of said trial, against the peace and Given under my hand, this 12th he.____ did, on the.__ 2_?_t_h __ and feloniously a witness upon commit the trial per.jury of County, which testimony was dignity of the Commonwealth day of A.priJ , 19-3.5_. Bytf;;:;; day of February one in lex the testi- Morris, material upon of Vireinia. said ~~J~ �COMMONWEALTH OF V • v. JOHN TOLLEY Grand Jury �TRIAL JUSTICE COURT CRIMINAL DOCKET NO.. .J.(,Z.. COMMONWEALTH V.) ,tur~ o/ff 5 r ~- ).7.~~ ~-~/~ ~.,~ ✓~- a.0i,c ~ JJ.JJ-- ,, ~6~ ... 17 /6:~ ��OFFICE TRIAL OF T~E .JUSTICE FOR ROCKINGI-IAMCOUNTY AND CITY OF I-IARRISONBURG ~ARRISONBURG, VIRGINIA 1 C01ITvION';T"rl OF VIRGINIA: COUNTYOF ROCKINGHAM, to-wit: TO THE SHERIFF OF S ID COUNTY: You are hereby commanded, in the name of the Commonwealth of Virginia, Robert Morris, to summon Geo_;rgeMo~fisA ,n C.~- (Y'i).~., "" • ..5~W'::7~ -./and Alex Morris, to 9. /,2. ~ Hubert Tuorris, appear at the County Court House on Friday, 1935, at the hour of 10: 00 o'clock before the Trial evidence in behalf Justice A~ M., of that of said County, to give of the Commonwealth of Virginia, in the pending prosecution Vi~ginia April v. John Tolley. Given under my hand of the Commonwealth of 12, day, �) ~ ~ ~: - >· 0 ~ Conrrnonwealth of Virginia ~ v. (Subpoena) ' John Tolley April 12/35 10 : 0 0 }J.. ~ t C ,.. r ~"' '( " ~ 11!. • C ~ '\{) -~ ,fr ¼ ~ ~ ,_'i1 Jr i. t t~'-t' ,.~ ~ ' r~ ,r, \ 0 ~~; & 6 -VJ!b ', ,J~ '\ •./' \ l~~',1 1½-t> 0(~,~C) .> ~ _). ~ l �COMMONWEALIB OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: TO THE SHI!lRIFF OF SAID COUNTY: Whereas, this D. W. Jlarman, Commonwealth' s Attorney, day made complaint Haas, Trial Judge of said day of February, ful 1935, and corrupt upon the for county the said having ris left ceeded at tell time, county upon the that they r.forris and in fact said John Tolly George Morris, et als, in the Circuit Henry Raines, trial, the said after Alex Morris, that on that did stop, George Morris Via home, and while commit wil£ which he gave on oath there that they and which he and Alex Mor- the said they pro- did not stop and that he did not or at any other Vias; along Court John Tolly they occasion, shortly left that night, a dead man at Hattie the home of the said Hattie did feloniously immediately at all add others left said on the 27th Via on November 9, 1934 that to the home of the said George Morris John Tolly killing oahh that CE"~C.E me, Hamilton of one Alex Morris the home of Hattie the home of"~ that for feloniously under before in the testimony trial was material testified County, in said perjury as a witness testimony and information has whereas in truth with Alex Morris, after they left John Tolly told at the the said a dead man down at Hattie Via's. These are therefore Virginia to command you forthwith and bring him before Harrisonburg, dealt with according to answer to law, Hubert Morris, Dwyer, and J. Robert to testify Switzer as witnesses of the said to apprehend me, or some other Virginia George Morris, matter in the name of the Commonwealth Given under my hand said of said complaint and you are moreover Alex Morris, to appear on behalf complaint. the Justice the said at Robert m~ John Tolly county at and be further required Morris, to summon R. s. the same time and place of the Commonwealth touching the �,.H �6 ARREST WARRANT The Commonwealth of Virginia,}T 't• . h am C ounty, o-w1. R oc k 1ng To the Sheriff of said County: Whereas, _D_._W_._E_a_rm __a_n__,,'--C_o_mm_o_n_w_e_a_l_t_h_'_s_A_t_t_o~r_n_e-y _____ of said County, has this day made comp] aint and information on oath before me,,_""H,,.,,am=,,,,_i.,,,l,.__,t<->o"--"n"'----..H.......,,,a..,,a,....s ........ , ---':T~r.....,i!--'a ....... l--=-C!J':--'1....,1 sCLUt~i ...,..c,..e;,._ _____ T. J. OT J. P. of the said County, that.--"'J-=o::..:h=:n=-=---!eT:..eo::..:l:=:l=e..,_y ____________________________ of the said County, on the_-=2-'-?_,t=h,._ __ unlawfully and Commonwealth County, gainst of Virginia the peace commit v. Alex and perjury Morris, dignity _ , 19---3.5_,in the said County, did ___ dav of February feloniously _ while in of the the testifying Circuit Commonwealth in Court of the of case _ of Rockingham Virginia. These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said,____________________ John ____________________ _ Tolley to answer the said complaint and to be further dealt with according to law. And you are required to summon,____________________________ -------------------------------------evidence in behalf of the Commonwealth, on the examination touching the said offence. _ to appear and give �STATE OF VIRGINIA-COUNTY OF ROCKINGHAM, TO-WIT: I, ___________________________________ , in and for the County of Rockingham, (T. J. or J.P. or Bail Commissioner) of Virginia, do hereby certify that _________________________________ ___________________ Commonwealth _____ and _______ as his suret. ____ , have this day acknowledged of Virginia in the sum of _________________________ which they severally waived their exemption, themselves ____________________________ _ indebted Jollars ($ ________ to be made and levied of their goods and chattels, yet upon this condition: State to the ) as to That the said shall appear before the Trial Justice Court of Rockingham County at ________________________ ,, on the _______ day of ____________ , 193__ , at ____ _ o'clock A. M .. and not depart hence without leave of said Court, and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with said charge, and then and there al1swer the Commonwealth of Virginia concerning the within charge until the same is finally disposed of, then this recognizance shall be null and void; otherwise to remain in full force and effect. Given u1.der my hand this, the _______ T. J. or ...... 1-- ;::i 0 u u -~ ...... en ;::i ,-., ....... ctl i£: ..a 0 <d t::...a <d 0 II) ~-B Q) .... .... u ...c 0 '--y----' cii c:: ·g ~0 ·;::: 8 u s0 ~ ~ > "d '"d ~ ;:) ~ .... .., 0 .... ,..Q o: 0: r': ~: -s ..... 0 "d i,Ai,A- -~ S 8::, 0. "' ~ i,A- i,A- ~ Q) "' "' 0 c:: CSl..0 a: ~: <): .... ... .5 ..... 0 ~ ~ o: o: o: Al -:: tvl: tri! ½! -: -: 0 "' .... 0 ..8 ~ "' V •~ >, Q) QJ Q c:: o!\) c:: 0.0 0 ..... °' "' .:a ... 0 0 ><.... -~ C!) u c:,s 0.0 QJ c:: ~ c:: µ,l~ ~ ~ 0 :l u ~ 0 i r:i::.s .....c:: Q) ~ 0 .,; c::QJ ·-...c:: ~.., v;.::: ...c .., "d E-! Q) cu-~ ~~ ':E·c 0 ...!:: c:,s Q 8.:2 c::0.0 .... c:: § < V ~ 8::, "'c:: c:: 0 "' ~ i~ c::8 .., :>c::'"d ~ .., z.., <d ~~ :>- c::·- :,....._. i,A- i,A- i,A- - 0 QJ c::"' 0::, ·-.., u c:: 0 "°...c:: S ..., Cll '"d ...c::.., ~tlc::" c:: ~ 0 .... 0. u I - <J') ~ c:: .., QJ "' ~ u QJ ·c "' -~ "' QJ ... .2, µ.. "' ·- "QJ 0.0 "' \ .., ·;::: ~ 0 ~ .... cii ~ ,.!.l u r< ~ j ~ ~ 0 u 0.0 ::, ,-., .s ::, c:: "'~ 0.0 c:,s "' QJ 0 c:,s c:,s QJ "' c:: ·a 0 8 . or Bail Commissioner "d ~ \ c:: c:,s .... .... c:,s ci J. P. .... <d .., ~ , 193__ day of __________________ UI) c:: c:,s "''"d c:: "' :c: .., \ \ cii QJ \ ~ c:: >0 0 se V sot:0 s::, ....B .., en U< QJ ~< '@ ,-., J �v APB--IBJB #/c;1. ~f COMMONvVEALTH v~ ), Felony JOHN TOLLY /RJbcocq;r~ I \ l (perjury) 4,, ~ �/ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v John Tolley Subject The topic of the resource Felony Perjury Description An account of the resource Defendant charged with felony perjury Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1935 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_013_002 Tolley https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_011_commonwealth-v-joseph-eugene-sondheimer.pdf 1ca439c83eae4ec7ac25c5637767af2a PDF Text Text 6 Arrest Warrant The Commonwealth of Virginia,} T:'! 't • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, -~E~- -&~~K-l~s_e_r__..,~B~t-s-t~e~P~o~l_i_c-e~O~f~f-i_c~e-r~-----of said County, has this day made complaint and information on oath before me, _..,_J_..'--------"-c._._. __Js ........ w.... a._.r_,t.._.z<J+, __._.C"'"l~e .... r.._.k...__T........,.~J'---' •.__C......,..o'""'u ..... r----"t..__ ___ T. J. or J.P. of the said County, that on the Joseph 1st loniously Commonwealth or Virginia Eugene µOn heimer, 535 N. Commerce ~xx,Ave., _ Waynes• boro, Va. Sept.• , 19~, in the said County, did unlawfully and feone Horace· oser, against the pe~oe d dignity of the These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said ___________________ _ Joseph Eugene Sondheimer to answer the said complaint and to be further dealt with according to law. Given under my hand this_~?~t~h~--- Memo. of Commonwealth Name ------------------- Witnesses: I, Joseph Euge~ Sondheimer, the accused in t:te above warrant, in open court before the Judge of the Circuit Court of Rockingham County, Va., this 17th day of Mar'jl1~~<9, do hereby voluntarily waive indictment on the above charge. �TO-WIT: of Rockingham, indebted State of ) as to to the and .................................. . themselves and for the County acknowledged ... dollars County at That the said appear before the Trial Justice Court of Rockingham to be made and levied of their goods and chattels, yet upon this condition: OF ROCKINGHAM, of Virginia in the sum STATE OF VIRGINIA-COUNTY Commonwealth which they severally waived their exemption, Given under my hand this, µ z Q) 0 u ~ C <I) Cl ci1 ci1 ~ ...c: µ ~lf~i Q) u VJ ·p ::, ....... ci1 ·;:: t--< C 0 0 ~§ ... s s u u +l µ C ctS ... ... ctS ~ Q) µ VJ ... ... <i:: '-y---' en :> s:I 0 .,-1 QQ)+l v"G>.C:() +l (lj ~•,-I ro CO .,-1 >, a:1 C) I l 11C) .. .c: • u .,-1 'O O f-1 +l co ,...~ -.;ti .:::~ A ~ ro o, --8 ::s::s • s:I .---I a ~....-lf-1.C:• .] ti{) Q) ::S ..,S::o.>.C:~t>,Q) CO ·;;: CO O -.;ti;> {J) .. .---I aj•r-1 C) (lj Q) 0 ......or-1 oo A 0 v::sooro i:.:: f-1~ l:lll,o •E day >, ...... >, Q) f.-4 ! j; j~ T. ~I µ ..0 0 Q) ..0 0 C '"d ctS t ctS ~ ...c: .5 ~ ... ...C: C µ ..... ..... ~ ~ '"d OJ ;.::: ...c: µ a3] Q) ... ~ :o X v ..... C s µl c:;;J. P. or : • th , : 19........ . • ~ Q) s +A- : -'. I : V) 1·1 ~ th : \ 0, Bail Co~;.;.;issioner 0 ...... >, ctS '"d I 'o VJ µ : +A- ! ~ ~ ½ .:.a : : : '-..,j ,., +A- • : (): : p ! ~ N! ~ : .., ,, _\~! .., , ! ..... - v g .., VJ V '-"' l:lJ) c C Q) l:lJ) ctS ~ VJ u Q) ... i • !:El 0 , Q) ... u !:El 0 C ... Q) 0 ·;:: >, ..0 VJ '"d ... ... .~ 0. "d ctS ctS i VJ u i VJ µ ~ ... :> Q) ~ •• ~ , I ~ I Q) l:lJ) ctS ~ ~ ~ N °"~ l I '9 c.-' - ~1 ·s ~' 0 ci1 µ t--< ~ ci1 •;:: t--< ::l .., ~ ..... O (), : ¼. W' .. , \]... ,-., ...., '~ v VJ I .f'\. , C' :--,...., I I I µ SO 8~ i:; ..,: \~.; : ! : ,, ~ th ~ ~ () \ q \ 9 K_ ½ VJ , ! ~ Q) OJ) ~ -:::: ::;; .VJ ~ ~ ]ctS---<--8 Q) u C QJ .... ._. ·a ~.a~ ~>0 ..... S s v C d i:; ~ -< J5 ~~ ctS _. ,-... ~ ·c ::J J ~ ;; ~ :::> ~ Q) Q) OJ) \ v µ.. •~ u .VJ Q) u ._. ~ •c VJ v ..2, µ.. l:lll C .,... ::, Q) nJ I +A- I I , QJ C ~ ~ ..i ......_, , on the ................ day of ............. .. , 19 ........ , at. o'clock A. M., and not depart hence without leave of said Court, and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with said charge, and ther::i and there answer the Commonwealth of Virginia concerning the within charge until the same is finally disposed of, then this recognizance shall be null and void, otherwise to remain in full force and effect. t L.... r Z ~ ~ ~ rT, C\l C\"l c., ,-... o • ~ G> ~ 1---\ ,-. Q (tS(I) +l f-1'0 .] f-1 Q) 0 c., s:I >, v <I) ....-1 a:1 ::sa1 ....c .C: ..0 'O Q) 'O ~+l (lj Q.C: Q ..O <I) .:, a, rd 'O Q ~ I> ,_. '"' Q M a~~~~ 0. ~ • . ;:) a1 ����������L ����\ \ ~ ��- --------- .:.., �����___) ����..J ��j ��1¢;? �~r_ ~A.,-.~~ ________, ~'\A I I \ ~. t!,,r ... ii}\ •,j • ~,.,~ Le·' o - e- ,4• .,A1 ~er~·~ ��In the Name of the Commonwealth of Virginia: To the Sheriff :h•lfa/ the ~•f~ndan'. Greeting: .... to appear before the Judge of the <;j!.ptif Court o ~unty, "y~ County, ~ ...~.............................................................. . Yoit are hereby commanded to summon .....~: at 10 o'clock, a. m., on the ../.1.~f. of Rockingham ......... ~. .................... ~ th, at the Court House thereof, testify and the truth to 19~'7to nw,./lh ,g,; L • .................... who stands charged with and indicted for a felonJ-'I~ And this you shall not omit 1mder penalty of £100. Witn~. J,y of And have then and there this Writ. ROBERT SWITZER, Clerk of our !~idrfourt, at the Court House, the .'l/2',?c:1L. '.. • ••• 19.l-f f._oml m th, J4ftJ ~~~. Cl,,k . �abode. said Dr. for c. , ~ ,Dep. S.R.C. usual -~:::;__- ~ " ~ "t ~ ') ~ am H. Callender, .J;' f!2'. S. Anne~:: a Not finding Dr. C. S. Armentrout nor any member of his family above the age of 16 years at his usual place of abode, executed March 15, 1949, by posting and leaving posted a true copy of the within summons on the front of door of the place ~ ~ \'- ~ l~ ~ de �\Vitnef ~qbpocna Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby comma11ded, in the name of the Commonwealth t_o appear before the Trial Justice Court of said County, in said County, on 22nd day of_--;~"t-,..------, itting o: Virginia to summ01; __________ at_-t-htf.a+-'rP--Pr'--'1ir!S.,_0Afifif--fb'l-lu-r"'g,,...,-""V .... i1-I,..~f.g,..i...,l'"'"l_.,.i--,,ar------ 194=&-, at the hour of 10. 03 i\ ~.tl• of that day to give evideri ce in behalf of----t-CT10c:J-!Iittr-''-1trrhtt---------------------------- V. Joseph _ ::J.uge.ne So1idhthimer Clerk. �Trial Justice Court Docket No. A lG05 _____ Oom'th I I ( V. ( ·witness ( Joseph Tc nee. Subpoena ....u::rcnc 8cr.d-ae-i-mer 22 1 1948 at 10: o A .. !... �\Vitne% Subnccna Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, E. E. Kiser, in the name of the Commonwealth 22nd V. case of _ Dee.o day of of that day to give evidence in behalf in the pending _ S. P. to appear before the Trial Justice Court of said County. sitting in said County, on of Virginia to summon __________ at Hirrisonburg, , 19-46.__ at the hour of Virginia 10:00 A.M. of__,,C"--'o=.m=-'-'t,,_,h~---------------------------- _,C,e_o=.m=-'-t=h,____ _______________________________ Joseph Eugene Sondheim.er _ �Trial Justice Court _____ A 160 5 Docket No. ~ Com' th ~ - I ~ I ....,_ ( V. ( Witness ( Subpoena 1 ....... Joseph Eugene To Deco 22, Sondheimer . 1948 at 10:00 AoMo �In the Name of the Commonwealth of Virginia: To the Sheriff You'" hmby comm,md,d to ,umm-0n .... fty!~cd of Rockingham County, Greeting: ....~ ..... ························································· ..···································· ... ·..·.····.................................................................. . who stands charged with and indicted for a felony mudenecamtr. And this you shall not omit under penalty of £100. And have then and there this Wr~~ Witnen ROBERT SWITZER, Clerk of our ;a!j, sourt, at the Court House, the d,y of •••'/f?"c't0 ••••1,Jif,.nd m the!/p.:aai- / l-1~ • Cl"k . ��In the Name of the Commonwealth of Virginia: ~To the Sheriff You M, hmby command,d to ,ummon ...................... of Rockingh~ ~..d._ ............................... . ................................................................................................................................................ ,............................ who stands charged with and indicted for a felony 11tisdemeanor. And this you shall not omit under penalty of £100. Witness,~~BE~T_}WlTZER, d,y of •••• '/'./Md::C.:. And have then and there this Writ. Clerk of our said yjourt, at the Court Ho1tse, the ../.1~. w41, ,.,, ;. th,~~~ ..... ·~ .. ��In the Name of the Commonwealth of Virg· ia: /U.~.J,,,,.A~-"Z,,?./1 rQjl.Getm1ty~~ ~ ..~.,, You are hereby commanded to summon ....... ..~~_,, ~;::::i?;;;;u.::"dfi;;;;;;>::::::~~::e;:::· ::::::::::::::::::··::::::::::: ~:::::<P;;;JJ.::?t..;;;;J;;:::+::y.~:::--;§<fe to appear before the Judge of the c· c ~it Court o at 10 o'clock, a. m., on the..lJ. ..... ay of. .......... . ockingham/,C:;unty, at the Co1trt House thereof, .~..... 19f..fto testify and the truth to say in behalf of the ~e~e:d:_nt )/he fJPsecuti .............................. 9.~rf¥. ......ra~..... ··········· who stands charged with and indicted for a felony m;,d-e,,te,mo,. And this you shall not omit under penalty of £100. Wit Jayo And have then and there this w4 _;:t,b J. ROBERT SWITZER, Clerk of our said ourt, at the Court House, the .../. ................. C.••••• 4-Y\••• , ••••••••••• 1.1/f and m th, /j:...;r, of th, Co .. ···········. ... • Cl"k �"~ f ~ ~ ~ -........ "'~ .t l ttl ~ Executed on the 15th day of March 1949 within the City of 1.faynesboro, Va. By delivering a true copy of the within summons in writing to W. C. Drumhelle Dr. Paul Wood, Paul Freed, Robert Sandridge, Charle Talley and John Jackson, each in person. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham . County, Greeting: You are hereby commanded to summon ..RQP.~T.t.. ..L.~..~..... S..~P..Q:r..i..9,g~··················../.J ....::.//......... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the.l.7.th. day of..................... M.~.'.t'..C!.h ....................................................... 19 ..1.~ .. , to testify and the truth to say in behalf of the Commonwealth against... .......................................... . ......................................................... JOSEPH ...EUGENE...SONDHEIMER ............................................... . who stands charged with and indicted for a felony mi-s~MKl'!'. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, }:-ReB£R :f-5W-ff-Z:ER:,-elerlt-ofcntt"8aid-€om:"t', at the Court House, the ......lQ.t.h .. M h day of.. ............. ~:r..g·······················, THB SERVICE PRESS 173rd 49 , and in the-i 19 ......... ... �COl\l. V. ) Witness Subpoena JOS. EUGENESONDHEIMER To March 17, 1949 at 9:30 a.m. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .........E ..! ..... E.~ .....K.:L./:!.e.:r.:'..gntj, ....DJ'.L ..F...,.....L...! ..... B.Y..e.r.S. to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on thel.7th.. day of.. .......................Mar.c.h ...................................................... 19 49 ..., to testify and the truth to say in behalf of the Commonwealth .............................................................................................................. .. who stands charged with and indicted for a felony against .....J.OSEP.H. ..EUGENE....... . ................ . ................... S.ONDHE.IMER ........... . mi-s@entetifl.6'1':- And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, f .~T-S-W¼-R-ER;-f::±e~ day of... ............. Mar ..ch. ............ , 194.9...., and in the THE SERVICE PRESS -e>ttF-Si!.ia-Gotit-t, at the Court House, the ....lO.th ..... 73nd .......... e~:rrlf-th:l;i.C • �Executed the within summons at the office df Dr. F. L. Byers, Professional Building, Harrisonburg, in Rockingham County, Virginia, the usual place of business of Dr. F. L, Byers, by delivering a true copy thereof and.giving information of its import to Elizabeth Greene, the person found in charge of such business, this 15th day of March, 1949. for 8 0 s:: p., '-;1 (} :,:J' c.o •• 1--' • vi ...J 0 .. r ~~ I ; ~ . • t\~ ~ 1 ~ ~ ~~ ' ~J I- o c::: ,_ 0 txJ O ,c.Q 'DI~'""' ... "' • ,E! O ~ • !:o . c.o p., I-' t,,.j (".) t><l 0 ttj ....~ t--3 ~~ ~ • • I ~f:,1 ·~ I ~ 1.l 0 l> ~ ~~ ::: ,Dep. S.R.C. Sam H. Callender, ;3 ( ~~· ~ . 0 en t:rl C: 0 t:rl zLtj . < ......., .,;: "'-" I-'ct- ::::1 (1) Ci) Ci) (/) 0 (/) ~ ~ 8 'rj p., H t:rl 0 E:: t:rl p., c.o ct- ~ ~ o' (1) :::1 0 0 . ~ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .....Mr.s ..•..... F.ann.i.e. ....B.µ.r.ne..t..t ................................................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ....17.tb.day of........................................... .....M ...... qJ1............................... 19..1~.., to testify and the truth to say in behalf of the Commonwealth against ...................... . ..................................... JOSEPH...EUGENE....S.ONDHEI.MER................................................................................... . who stands charged with and indicted for a felony w.is'1em.oat19l". And this you shall not omit under penalty of £100. And haJe then and there this Writ. t.ROBE-R,-5Wff-z'.f:R.;-elerkuf oOT"S'itid-0,nn, at the Court M h 49 , and in the~173rd of.. ................ :,µ:'.~····················• 19.......... ...... ~~~--;::-Witness, day THE SERVICE PRESS House, the .....1.0:th..... �COM. V. ) Witness Subpoena JOS. EUGENESONDHEIMER I 17, 1949 at 9:30 a.m. ·z ����/4 ������~..2:a~- Trial Justice Court Criminel Docket No. cl_::/ I,0~- Com'th v. f;!: ~ -~r- ..~,,Lt_·_ Joseph Eugene Eondheimer Bailed to l_fJ::_:i_l, _ ~d. 'f~ 1._{}J_ r Date Arraigned Trial date Tb,_I~ - 2- ~ -c.;~ /~f-, ·YI· -- �IJr. I would Franklin: aside be set to t e la-.r a _a che evidence; su.i:-'port it; for the like third, eviu.ence v111ic11was Court faili in ooj;:::ct cl to of rJ=arks the .Juo.ze Ford: to enter on the in follow~~ tlle ~ g to errors grant 1•art th~ 5 re~sons: seco110., ro1,erly The Court juu.gment to Ji.ake a niotion· or· the exce auu or the arg~aeLt overrules on t e verdict. ted first, it is Court to,. without anc defendant, tln:. it the verdict is contrary evicie:,ce in adr! i tting in granting before that t7...e errors certain ancl the 10 tion also to certain the 01 i1.strue,tions on the 6 rounds jury . arm wi 11 rro ceed ��HUMES J-42 LAM.BERT, BHAN.AM.AN J. LAW' & BARGER BU"JLD'ING WAYNESBORO, FRANKLIN OFFIOES VIRGINIA March 19, 1949 Mr. Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Re: Commonwealth v. Dear Mr. Switzer: Sondhimer Please find enclosed the grounds on which the motion is made befcr e the Court to set aside the verdict. ~rs. Baylor it to you. sent it to me and I am forwarding I am ry trul;y, F-z ��I INSTRUCTIONNO. The Court manslaughter to the the intention unlawful, of is a lawful but instructs killing of not act. the felonious the of accused; act; jury one that involuntary accidentally, in the or in contrary prosecution the improper of some performance ��INSTRUCTION NO. The Court the State upon as to guilty the instructs of Virginia, highway endanger of reckless ~ 1·- -- . ~ the jury an operator recklessly, the ,___ life, driving. = or limb, that under who drives at a speed or property the laws of an automobile or in a manner of any person, such is �.' �-------------------------------------INSTRUCTION NO. The Court the evidence Moser beyond resulted in~ instructs a reasonable from automobile and that such said in car carelessness human slaughter then as dent rece charged that if doubt that the from in the find manner, him guilty indictment. death Joseph a passenger Sondheimer, operation such with from of Horace Eugene Sondheimer's incompatible shall you believe by him while accused, or reckless indifference you jury ved by the resulted an unlawful or life, injuries driven ace the _3 --- as of to indicate a proper regard of involuntary man- for ��INSTRUCTIONNO. The Court evidence is provided the to satisfy beyond just instructs as legal the and circumstances the minds a reasonable of are the doubt. just of jurors ---f-jury that circumstantial as effective such character of the as any and defendant's other, force guilt, as �,; (' . �INSTRUCTIONNO. upon the reasonable The Court instructs Commonwealth to doubt of charged against for Commonwealth the absolute more than accused certainty satisfy s guilty the prove the accused, to the establish jury thereof that accused and every does or beyond jury the an offense S all the guilty mean the guilt that upon beyond all the it is reasonable thereof, necessary accused of mistake evidence all element of the possibility resting beyond material not that burden as doubt. or a whole to an to do the �r r . - - - �INSTRUCTIONNO. The Court believe the at from the time ~:whlch under that drlnking or under any defense of the acc:irent, Sondheimer the to the 0-y- jury Horace the that Moser, even though you may who was killed influence in of intoxicants or was driving influence as the evidence accident,was the instructs e knowii:i.g that the said driver ~~ ~~ ~ none of these facts c-onstitme of alcoholA accused, Joseph Sondheimer, in this case. \ ��The Court necessarily ~n constitute instructs reckless the jury driving. that speed alone does not ��The Court charged against as might negligence or by his more than tinguished action, indicated a callous consequence upon every of his act results act; carelessly vO result damages by the person if killed, and gross of human life liability performed of another, from negligence, or death, ~ ~unless under the negligence with find:-. a callous be predicated Joseph such carelessfor criminal for be as to show disregard likely believ6A_beyond is guilty was gros: and of the probable ~~ jury damage is that it must necessarily circumstances disregard the defendant, negligence in order or wanton and of such a character of others as dis- of the accused because but some- fo~ a civil cannot merely but negligence, as is necessary criminal by the such negligence to be criminal culpable "=-'(~ .... _ _,.Ji.£iijlij'gi.#iil:t ;iiiiiiijl£::;;i;z;a1111• llllf••-•rasl"'L....../ ~ doubxhat Joseph E. Sondhimer should sifuply for of the crime negligence; the negligence disregard in the death of the safety injury in order negligence; the gist representative must be shown that and culpable reckless of a suit personal that; that is crim nal from such negligence it liability jury is meant not be the foundation injured ness the the defendant term criminal thing instructs to c use , all reasonable / '- of gross human life, E. Sondhimer, and culpable then they not guilty. which ��I The Court whatsoever rests contracy, instructs the on the accused, the whole burden sonable clear doubt, sumed or taken however strong; of the evidence not sufficient will he is more probably tion; exclude his the than however, every are also reasonable innocent, grave to the o mere preponderance guilt for hypothesis -:di U£c3Q case. probable, It will of authorize a convic~ consistent his innocence is or that in law no degree of_facts with rea- of guilt, his tent jury beyond every of a civil incons~ on No suspicion or strong, upon proof rests is to be pre- to convict. jury may believe on the Nothing as in the trial guilty shifts, evidence, him. no burden innocence, to prove as charged. sufficient suffice guilt, such facts legal case sh his case, against nor can he be convicted unless entire he IB guilty is ever that mere probable the by implication in this which never and convincing that that to establ of proof, the Commonwealth throughout by competent, jury with guilt, and actually which is consistent with innocence. If, oz bl sq evidence guilt, therefore, of innocense, falls to produce beyond a reasonable guilty.~ l ( I the evidence or if for disclosed any reason, upon the minds of the doubt, it is their any reasonable the evidence jury duty hypothesis or lack a certainty to find of of his him not • ��!J. The Court E. sondhimer, instructs enters upon his sumption of innocence, regarded by the of innocence thereto during unanimous is of itself and require and substantial and it benefit ibereof, and give through deliberations sufficient a verdict Joseph by a continuing On the contrary, thereof, verdict. accused, pre- is not a mere form or snam to be dis- at pleasure. only the accompanied stage not their that goes with him and aoplies every him the full weight also It and at give jury jury trial which is an essential Commonwealth. trial the It doubtful to turn the taking and until cases the of not guilty. this scales part this presumption of the throughout is the duty law of this the entire of the jury due conside:ntion and of the but evidence, they have arrived presumption in favor to at an of innocence of the accused �ilf' �IN THE CIRCUIT COURT OF ROCKINGHA1'1COUN'l'Y, VIRGINIA: COM. v. CHARGE TO JURY JOSEPH EUGENE SONDHEIMER If of will you involuntary say a period your discret one year fix or by both accused, you as less not fine find Joseph charged punishment than by confinement a fine such If his of not on, or the manslaughter, so and for find exceeding and at one nor in jail Eugene in the Sondheimer, indictment, then in penitentiary confinement more than for five a period One Thousand guilty Dollars the years, not or, you in exceeding ($1,000.00) mprisonment. him not guilty, then you will say so and no more. �r n \. �-_[_ The Court impartial arises that consideration the of all in the mind of the if the actions tate instructs same kind of life, it and pause, of the guilt guilty, the guilt precise, since that if the evidence jury a doubt were interposed would cause a rEmonable the jury of the accused a verdict of the accused, is not and it 11not of if and narrow is guilty" any, from a fatr_ in this in the their there and character graver and prudent satisfied and case, of such nature of doubt then specific jury man to hesi- to a moral duty to find certainty him not means no more than has not been established form prescribed by law. tr~ns- that in the ��The Court rate of 80 m.p.h. in the operation If~~ instructs does not Ajury the constitute of mautomobile. that gross speed alone at and culpable the negligence ��;, )Ii/ The Court rate of 75 m.p.h. instructs does not the jury that cons:.l..tute gross ile. speed alone and culpable at the negligence ��b The Court instructs of 60 m.p.h. does not constitute the operation of an automobile. the jury gross that speed and culpable alone at the rate negligence in ��The Court rate of 65 m.p.h. in the operation instructs does not the constitute of an automobile. jury that gross speed alone and culpable at the negligence ��Trial Justice Criminal ~/io.:::.Court Docket No. A· D3 0 J.. Com' th v. H~s~~ 7, ;-< /rJ 2 f~ /o -.21- <f-J t..~k --ro· -/'v-..--a--~2r/ 1~,·A, IM ��Jury 3/17/49 1. Chas. H. Bowman 2. Wilmer Argenbright 3. Herbert 4. Paul S. Lam 5. Lester 6. Henry B. Bowman 7. s. w. Flook 8. COMMONWEALTH of VIRGINIA ~t-~ ) ) Felony VS. \~°'~ (manslaughter) .Qg Warrant ) Garst JOSEPH EUGENESONDHEIMER O. Myers Humes J. Franklin, :i,; L. P. Fitzwater 10. Howard V. May ( X) Waynesboro, Va. Appointed ( p. d. ) " ~ Fred G. White 9. Own 0p " = "0 '0 "(') {Tl 1949 Mar. 17. ~ ? 11. Roy L. Coffman 12. Elmer B. Kaylor 'C :. f 'C !' ~w,cJ./J, I-- J Waiver of Grand Jury; plea n. g.; jury imp. evidence heard; motion to strike overruled; verdict, and motion set aside; overruled· and executi~n susp. for ~Oda. to allow appeal. . 71454 ~~c:;- ~ ~-fa-~7 - ---4I'l tJ '·• CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. ��Commonwealth of Virginia, Rockingham County, To,wit: that on the ........... ~~.~.........day of..........QQ.t.O.P..e.r. ............................................ , 19..:4.8, BE IT REMEMBERED, JQS ...... :a.tu.g_~ne ....S.Q.P.-9.h~~~.:r. ..................... , principal and ........ ~tY.l@<l ...G!'?.$..JJ~.l.t.Y. ...Q9. ......................... .. surety, who justified to his sufficiency, came before me, .........Sh.e.f.f.~Y. ...t.!' .... P.e.v.tg:r. ............................................ . .........................Bail ...Co.mmi.ss.ianer (J. and acknowledged .................................................................., of the said county of Rockingham, P. or Bail Commissioner) themselves to be indebted to the Commonwealth of Virginia each in the sum of.................. to be levied of their respective goods and chattels, lands and tenements, for the use of the Commonwealth of Virginia rendered, and they each severally waived their homestead exemption to their recognizance; yet upon this condition : That if the said......ao.s.e.P.b .... Euge.n~ ...S.9.AQ.b.~.(bme.~......................... shall per onally appear before the ~l T na J . , C ust1ce s ourt of Rockingham County, at the Courthouse 2 of said County, ~.....day on the.....2...t .. P.M. of !Jmt ......QQ:t~iPe.:r.., ...194.8....a.t.....1)11 iii I aw£.;.: being ~ ........................ J4ij.!!52111t ..................................................... , ler........, and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with the said charge, and then and there answer the Commonwealth of Virginia concerning .................................................................... whereof a certain.......f..~J.9..P.Y. .............................................. the said .....J:o..~.e.P.A ...$.1?-.K~P.~ ...~.9.:Q.Q.P:~i~~.r .................stands charged, and be bound under said recognizance until the charge is finally disposed of or until it is declared void by order of a competent court, then the above recognizance shall be null and void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, I hereunto affix my signature this ............5.th .................... day of ........9.Q.°t.QP.~~ ...... ........................................, 19...4.~ ..... Acknowledged on behalf of the surety 8. ��Report of Witnesses for the Commonwealth Month Whose mileage and attendance of_~D=e~c~•- 19 48. _____ were not collected by the Trial Justice before the end of said month. - ( jB)--1..V,,><_j Fet. Pro. or Misd. WITNESSES ~J;;_.)l..~ ~m-vs.~ Fannie Burnette,Staunton, 1. - Va. R-~ ~, - Days Attendance Miles Trial Justice ZOlerk. Mileage Total Date I~ / IA 1 .50 24 1.20 ~ l.?O 2. . 3. 4. 5. 6. Com. vs. 1. ,. 2. 3. 4. 5. 6. All witnesses all necessary grand jury. ferriage summoned for the Commonwealth shall be entitled to receive for each day's attendance and tolls, and five cents per mile over five miles going and returning (Sec. 3512) . fifty cents, to place of trial or before ��t ~ • .~~~~.J - ~~oo~~- -~~,#,$aw:-->?7~/~~ '(....," tt tt -- t +t 1T �~ ~) .,. I �----... (j)~ _,_,j, ~~ ~ I COMMONWEALTH VS.~ . I ti' ilt~ DESCRIPTION OF PRISONER Last known address ___/J!~A~~---'5:J_~-~~~--- w Color __ I Height11lA______ _:-:_ _ _ _ _______________________ _ Eyes_~_},_/__ Marks ______________________________ --·----------_ Age_~_£______________ Date of TriaL Result--'-~ -@.~:L ._Y-~ I -- _ --------- Hair 113 --- ---- -------- ---------- Weight_/_6_ ------- ---- --·-- ---- ------ -- - --- Occupation __~__________________________________________________________ 7:__7'_f ~ __~-f7-" vt.t:7• _ # ~ __-- -- ---- J-J_- __&(~--:_ _t?__--:_ ___________________ -----____ _ -- _- ---- ---- ---- - --- ---- --- __--- --- _--- _-- ---------- -- -- --- - ��8 6 .7 5 4 .7 0 4.2 0 * 4.3 O 4.1 0 4 .6 O 4 .2 0 3 .9 4.0 3 .8 4 .3 4 .3 4.1 4 .5 5.2 5.5 3.5 3 .5 5 0 0 0 0 0 0 0 0 0 0 3 .5 O 3 3 3 8 6 .5 .5 .5 .7 0 0 0 5 * �.. �OF STATE POLICE 110621 19_ .. summonsed to appear before: ... Trial o.,t'ah:,, (Place of Trial) Driving., □ .,Exceeding Speed Limit Improper Defendant Oper. or Chauf. Lie. No. GJ;J t:, Sec. 120 Chop. 342, Acts 1932. Failure to comply with this summons constitutes o separate offense. State Poli Shield No____ _ (Date) O 'd' at ~o·c1oc No Operator Chauffeur License 0 D �,. .. I ... ~~,.vi. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Joseph Eugene Sondheimer Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1949 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_015_011 Sondheimer https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_007_commonwealth-v-joseph-francis-burke.pdf 525c5db9c0e8f311b7da8e012a876e1a PDF Text Text ., 5 /}t/c1 lt;5' 7r:'~ 1 ~ ;e...nv~ 1/~~~ tlo/ 7, ~ (;, ;V-7.t ~ j' 7 (J~ ~~.,~ 7~ ~ ~ ~.. ,,,,, COMMONWEAL TH of VIRGINIA ) ) ) vs. Felony (manslaughter) I' • JOSEPH FRANCIS BURKE a,. ),,y~ ( fl~ Ii---/~ '1 ~~~a.~ Iv z_;/ JJI_ ~ r~c8. i-!'&J2'drm 1 <'f: ".) Docke~ I I?~ ?~l~ ~ ttJ~..u-v- _H_a_r~ry_Bl_a_tt ________ Own (X ) Appointed p. ( d. ) 1952 March 3. Return of f, 5151 .j 7/ G .J. C:C/J Z.C-t,iiiJ • f 0 I,.,,,/ - 8/ ~ 11t-t7 .& ~ ,. /1/1; ' I CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. ��STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand body of the jurors County Court of the oaths do present of the of Rockingham said County, that day of October, 1951, and feloniously kill the peace This and before ussell the of Virginia, February term, the 1952, the Circuit upon their JOSEPH FRANCIS BURKE, on or about the 13th d:td in said County, then and there/unlawfully is found one Bessie on the r:IcDonaldson, jury in and for and now attending of the Commonwealth indictment William at its and slay and dignity grand State to give Garcia, against of Virginia. testimony witnesses evidence. Gerrard of Trooper~. sworn in court M. Slane and sent �l 4 1952 },, McDonaldson {j . INDICTMENT Bt:JRKE COMMONWEALTH v. JOSEPH FRANCIS Term, bill: FELONY February A true ~illiam D. M. Slane -=-e5----'-£, ~ ~ Foreman WITNESSES: Trooper Russell George D. C o:nrad Commonwealth's Attorney ~ -~ ... ~ ~ ~I ~~ C\ t ~ l\ ~ ~ ~ �Circuit Court of d,.,', in of the the year County of Rockingham of our Lord, on Mond;__:r, the nineteen hundred Present: Comnoff On ar1 indicttLnt Josepl rr~ncis and by his Joseph sai" Burke, .tlarry Joseph Blatt; rFt.ncis 1 and f:i_ee from an' na"'les o... Eye, Ellis L .. Minor Rhoe.cs, the Ther u on, the jur objection remai 1in Layton A .. j uy 7 - ere render accused s .orn in th·t it thereto. to exclude all motion Co1rt the heard is not their room to again in to Court sustain .±7:', ll11!!1ely: the ck the Fred c:.from betts 1. Bumorrdne.r, J.1erman A.. S. B der el1- lan 1 selected nd t 1e 1 and. the f rther of counsf~l, and after evidence. charge b. ich cou.n~el ved the t:is trial instructi were .30me time, foJJov.ring verdict: Court excluded. l,he jurors bar 'the e statute, accused the at rorM of tee ua 0 e oft and the ..JCO"tt, nd true r1.soner to the III, as a.~oresa :..d ::-,r1.L, try E'-'-c.: to tLe l[ h vine: received the ining c. were returned cont R2..y ~. Grm.e, d and tLe witresses Verdict and found Armentrout, durin• cons Lder their ri t o. courtroom t.1e argument guilty for str ~ indict- a attorney rna tel.r by co msel from. the evidence, nn Court ,f nnrler , li::t objected in the the The accused the ing co1nsel v:itnesses heard und .te!::'2!~:;" accor b to not 01 ,here J.)on, to the .izance on 't.le Court Com .onwe· 1th b iH1s overruled excepted 0 the n&ke betv een the verdict havin Jud 6 e. recog by tle handed eaver, R. and I..erman Buhl,,{A rthur and a true the ex& ined who eacQ alt ,theny, ttaymond cons ti tu te deliverance accused 1 er ~ons, ono, Li-. the a _plea by t e sheri tion; Wc~s ~ J.-L H. Al to exce n mes of s~ i l~_._'sons Corru onwe· 1th to ons were to his arrtiuned :i3urke entered facias,~r J.B. Haas, Co.. onw al th and bejn'-' aLd of venire qualified the came pursuant And fro _ Pers Jns sum oned the ·o. ( .. anslau'-'rter) for thereto. the Hon. Han.ilton a felony attorney _'rc_ ..cis attorne:T, the for day cc=.methe accusecl_, duly and fifty-t Burke This ment, day al th Vs. the 5th He, 11 1 whi.ch And n"'Tt P sent to Co:irtp they came the jury, �.... 110 .., 1 c., 'I £ ')'I .J 0 t T, • " > el j _J .. .., t t : ~l ,J -~ . t -~ l. . t 'I 'I .CJ ' '-'- ..) . .., .... .i{ t t t ., \ ' ( . -, -1- 'i' ':JV.')" 'I '-l IlLO::l (\ ' t . 0 t 'I �r-- find Joseph Bessie Gerrard sentence 0cott, if Frcncis foreman. anythin; it is of the in therefore 1952. 11 therecofter to jail until R d Force to bein Co rt he can to be held said fine tr be delivered p_oseuction no" and f or t1 a-c of, Commonweal th that 1 pronounce in delay Dollars, the recover fine he be~ aforeheld to th e t erm o f ,<Jf-f--' -r:r-mon th s a e paid. to an officer as a member of s~id should t the A. of t:1c prisoner or alleged .l:''ive Hundred and costs Herman inc.uired 6 Co rt bein 6 offered this and fix };his of $5JJ.OO. say v:hy the Burke of indictment ' t e Conv1:c • t R,oa d F orce 0-ca until aforesaid. And it 1y the .Francis 'c.h e the cilld a fine or knew to incident in jail considered s~Joseph o~luntar~~nanslaughter charged on hiT"l, and noth in'' and costs I /\ h ar d_ 1 a b or on purposes guilty as :May 5, he had said and Garcia 6 months at sentence Burke And he is of roc.:.l force t':e St'-' te for the committed Convict term and �1o V,L CCU ...f! m -- s.:(lo -, f j 'I 1 Of!O. r 'I 'I I ::> a e 'I ~'I G \,. J. ~ J G ~ J' (. J [ ~I 0 a -::> ~O A b I 'I . - �DEPARTMENT OF STATE ~ty_~R,~a_c_X_1_11/~'~'~➔~A~fll.._._________ _ ___.F__.R....L..LA-'-'-N"--"C"-'-l=--~'8~_v~R~><~1:~ ___ M --~lil-~ .....,s""---'e""--lp__,_U__._ (Name Trial Justice ____ to answer ...,,G..i-,~~A~\/_,,tf"-'S=------ for Violating the Motor Vehicle laws fJ A:Je8 of of Virginia, to-wit: _ yau are hereby IS, 0 N (Place of Trial) Reckless Driving 8 I.)/i ~ Improper _________ DC t p~:~:n~" _Q_-_,/'-""3"'----,S".;;___:_/_ ta appear before: ~ ~/ - / ,.. at ____ 2..,d i) ,o'clock ,/J (Date) D :Md605-72$, Summons required under Title 46 - Section 193, Code of Virginia. to comply with this summons constitutes a separate offense. / / on I Dat~e ___ summansed ; Exceeding M~NS.lJ:,.\J Tt.~ D -----'-::..::....,'-------"-=---c"-----''----'--"'-='-------'--'---''--'=--------------------------Address 231/ 3~r, Sr, Defendant ~per. or Chauf. L,c. No of Defendant) B 148454 POLICE ~tote Speed limit iJ,E, w~~\ Police Failure Shield No._2=~9~0- ~,,,,21 D No Operator !). Chauffeur c.-Andlt: .,._...., 1/o...Nt., (Address) license M �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Following too closely Failed to signal tum or stop Did not yield right of way Improper passing Disregarded stop sign Operating wrong side of road-not overtaking FOR YOUR INFORMATION: The trooper who has issued this summons is paid straight salary and has no interest in any fines or costs which.may be imposed on you by the court. All traffic fines for State violations are paid into the State Literary Fund and used for educational purposes. The cost of State Traffic..Law Enforcement in Virginia is paid from Highway Funds. a �Comp. Form 18 STATE OF VIRGINIA COUNTY No. ___ To-Wit. \ ~R'-'-"-o~c-K~i~n~~~.h=a~m,,,._ _____ _ OF __ TO ANY SHERIFF _ OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, __ __.,__.____..>.U.__""-"'---""'"-"~'--"'--'~..__......_,.,_,______.,,.._,._,e"'-cNamel 'Tri al Justj ce Court of the said County, that ______________ ~ (Title) ______________ did on the kill _,,J'--'0"'S=E.,,__,,,.P--"'H"'--'T:1=---=-TI,....'.:.,.d,__,_J=C__,,,I=S"---'B=·_,,UR=I=IB=___________ _.in the said County 13th and dign::.ty day ot____ Bessie sla of ~0~c~t_o_b_e~r _____ the Comrnonvrn~lth Gerra.rd of , 19~: Garcia, Unlawfully and against the feloniously peace and Virginia. These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon color ____ Address color Address --------------□ color Address ________________ color Address color ____ Address ____________ -□ D -□ _ --□ as witnesses. Given under my hand and seal, this_~l~5~·~t~b~ 19_5.l_ (Seal) �j/~· -7 1· === m • nd Trial J11otiee Justice of the Pem I. f0 aforesaid, State of Virginia, do certify th ' ' that to the Co JOO ($ monwealth O e!_ ~ , have this day each acknowledged as~i~;::~ and _.C;:lq.~LS:~~~~~~::..::.~~~~~~~~L~~_:_--, of Virginia in ), to be made and levied of their Dollars oods and cha_ttels~ands, nd tenements '1 ..,.,..,•~' d 1·t·10n: Th a t th e sa1"d--1F'-.c;--,'1-'--=-"---":7,::____-_,'----'~'----""--'=---'---=-, be the~sel; :..!ndebted r:,--iJ.,. ~t of to the use of the C~m~onwealth s h a II appear b e fore th e / S:~ day of ca t TrialSnJustice to C our t , 19§/__, ?t~ at "'2-__ .t.,&_~~~~~~~~~~1--,Virginia, and at any time or times. to which the proceedings may be continued or. further heard, and be ore any court thereafter having o holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not part thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until 1t is declared void by order of a competent court; and upon the further condition that the said from the date hereof. l;2 . ff~....Qi days shall keep the peace and be of good behavior for a period of d, ~ __ IS Mk day of 5{ ~--~p tT1 Ii ;:,- .:,' . ~ 'O c....Ill I-'· ::, (/l ... 0 ~ - X 0Ill c+ c+I ~J, CD ::s er. IiCl) p, ~j '<: (/l (l) v) f-'• ;:: (/l !°') en H, f-'• "~ c::: n 0 " "'- < !" ::r " 0 j.J, G) 0 "~ p. ,::: (I) s· ~ ~ p" c+ ;:,f-'• Cll ,-3 Ii f'0 '-D c!- Ill I-' ..... .... c.... ,::: µ., ~ (/l c+ '<: f-'· . 0 .., s· ➔ 0 E. " ➔ ~ e. 9 ~::, =!. "e. ;. .... "' (i 0 ~- 5· -"... ::, IJQ ~ ;> .... .... ""'"' 0 ... ::, "' " '< ""' ;- " "' "' > .... ::, "'- ::s n " ...... (i .., ... :,;- ~ ;:. ""... ~ ii" II> IJQ ,. > ... .., " ~ t:1:1 ~ .,... E 0 Ii CJ 2, c.: ,,, 0 c+ t--' Cl) 0 G ::s ;::A: 0 H, er. (I) c+ ~ ::r-.... G) p. 0 --- ~ II> ... ..., ... ::r I-'· " ~;. tD 0 Cll ,::: - n ::r ... -" II> 'O ~ IJQ .... ::t> --- s:: 0. ,. ..., II> a 'O ::, "E.. '< ::s "'- t:1:1 > ::ti ~ 0 ::ti tT1 ... ..., t--' Vt ➔ :i> > t" r.n ..., 't,, ::i:: "'-f II> '< "'II> '< < :;· < :;· IJQ llQ ~ II> 0 II> s· s. ji"s· F' 'O 'O ,.II> ... ... er ..., " 0 ..., "'- r 0 {l'J ➔ {l'J "..., ... j;;' 0 =! --J Vt I\.) I\) \.,.) Vt 0 0 0 Vt 0 . I-' Vt 0 I\.) Vt . . I\) I-' 0 0 0 0 s::~ "'s:: g.::;.· ... r ~- ;""' "' " (i 0 - ~ -n s· OQ -(,It . ::r \-t-· 0 ::, ::r I\.) ., ";. " ., () I-' I\) (I) s. 0 l.tj s. "'- -~ (') * 5· ::, H, ct) r.n s:: :3 :3 0 0 fJo f-'· (i 0 H, ~ l2!j ➔ > z ..., == z ':i:j 9 0.., == 0 ~ z er ::s ::,' Cl) ::, ;.:r (') ::ti ::ti (/l :3 II> 0 c.... > c... ~ 8-::s ... 1;- :::i c+ 0 c+ !'j "d s. Ii (I) t:, ~ ""' s:: ~ 0..., ".., ,. ;::. "... n (i 0 OQ ::, .... ;:;· ::< "'" s:: 0 ::, �CME FORM No. 11 Revised 5-1-49 COMMONWEALTH DEPART~ENT OFFICE OF THE CHIEF RICHMOND. OF OF VIRGINIA HEALTH MEDICAL EXAMINER VIRGINIA 16, 1951 October Date of Report LABORATORY REPORT #1029 NAME Joseph Francis Material submitted: SUBMITTED BY: Burke Blood Dr. (8cc) Paul Coroner for alcohol DATE RECEIVED: S. Hill RESULTS: Volatile Poiaona: 10/16/51 Acid-Ether Soluble Poiaona: Barbiturates Alcohols Antipyrine Phenol Blood: Chloral 0.10% alcohol Acetanilide Cyanide Salicylates Phosphorus Other Other Alkaline-Ether Soluble Poiaona: A~onia-Ether-Cblorofonn Morphine Atropine Cocaine Theo bromine Codeine Apomorphine Quinine Other Metallic Poiaona: Strychnine Arsenic Other Gaaea: Antimony Carbon Monoxide Bismuth Other Special Procedurea: This Orig: is Soluble Poiaona: a sub-lethal Mercury Other and a sub-intoxicating level of blood alcohol. D. M. Slane Box 87 Harrisonburg, Va. Toxicologist Sidney Kaye �V', ~-~ /LLe_ U'(}t?JJ, rll..~. j-:: r- 7F- G; J~ - //;(/ .··.. : .. .. :·; ; t_r .!i i, -, '. ,, , ·1 . \. J__ . I ..... �COM1'iIONWEALTH v. JOSEPH FRANCIS BURKE _1__ INSTRUCTION The Court from the the evidence accident, at the time car which the that the Bessie ras drinking of the jury that or under or that Burke was driving knowing of alcohol, as to the accused, even Garrard accident, influence defense instructs Garcia, the that influence Francis the facts you may believe who was killed she voluntarily none of these Joseph though said of intoxicants rode in the drinking or driver was/under constitute Burke, in in this any case. ��1rJEALTH COM.MON v. JOSEPH FR.li1T r:I S "RlTRKE INSTRUCTION / The Court they entertain defendant find the instructs the any reasonable is guilty defendant of gross, not guilty. jury doubt that 0 if from all as to whether culpable negligence, the evidence or not the they should ��COMMONWEALTH v. JOSEPH FRANCIS BURKE INSTRUCTION_..... / ___ / __ The more of Court the prescribing support of "The statutes so flagrant, disregard of the if such damage is common law discloses Rules or the defining action injury these proof statutes a civil the the instructs that the so culpable of human li.fe. that reckless Road" act, violation driving, is was bring the involuntary ·or acts, and wanton the statutes proximate cause negligent indicate or to manslaug_hter, to the one sufficient violation o.f negligence as of and negligence But mere to of the negligence sustained. insufficient definition jury _ of act one of within unless charged a reckless the are ��COMMON1t1EALTH v. JOSEPH FRANCIS ~URKE INSTRUCTION IV the that a reasonable reasonably entertained ---------- The a doubt substantial charged. Court inRtructs as may be h::nestly and material and fact jury essential to prove doubt the as is to offense such any ��IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY, VIRGINIA Covmo:NYJEALTH v. CHARGE TO JURY JOSEPH FR\NCIS BURKE If you find of involuntary then you will in the not by both years, for exceeding such fine If you find and no more. for Joseph his a period of not in your not One Thousand Burke, in the punishment a period or, Francis as charged say so and fix five ment in jail accused, manslaughter, penitentiary more than fine the discretion, exceeding Dollars indictment, at less guilty confiner.1ent than one nor by confine- one year or a ($1,000.00) or and imprisonment. him not guilty, then you will say so �, �COTJff/IONWEALTH v. JOSEPH FRANCIS BURKE INSTRUCTION ___ The case is Court of defendant, guilt; the case. instructs itself and is _jury that a mere accusation not itself, and no juror defendant, the because of should or permit or any the charge evidence himself on account of to the !___ _ indictment in against the of the defendant's be influenced indict~ent this against in this ��CO1'1MONWEALTH v. JOSEPH FRANCIS BURKE INSTRUCTION The defendant Court instructs the jury to innocent until he the indictment able doubt, consistent with the by the and case, upon the Mere sus1:)icion defendant or strong, greater charge must the is the not weight in the of to all of any fact the sufficient to convict, or preponderance to evidence it the warrant beyond find of nor evidence his all to their in the urove duty him not the is every evidence oUil t of is goes at essential guilt of innocence the the and of by the of doubt douct reason- and applies indictment, t~e all in hypothesis of case, the charged beyond reasonable heard the but as presumption entire 0r as of guilty 0robability indictment, be proved every having benefit law presumes by evidence the in the proved a reasonable him t~e guilt have made against give the after case, charge the if, whole the however .iury is This throughout and the exclusion innocence. defendant that Commonwealth, the his thereof, accused if to with the stage be ------- guilty. defendant, it sufficient supports conviction, reasonable to his doubt. ��COMMONWEALTH v. JOSEHP FRANCIS BURKE 3 INSTRUCTION -----The charged term by his in from such order shown to indicates a callous every ness results the act; the to or wanton and of such safety of others under death; the there is result from is as for of human the life a character as circumstances because is to in must is or which probable be predicated such for carelesscriminal necessarily cause of recklessness, no crime. action, that the order to more was gross show disregard likely injured distinguished because but -oerson damage cannot as something and of merely it by the accused liability negligence, there a civil crime negligence negligence of another, i:nputed no recklessness, negligence, of the by the but performed death such killed, gross criminal of negligence; mages if necessary disregard liability crime ford or gist simply negligence carelessly in not a suit culpable of his act meant is the criminal be criminal cs that negligence; consequence is that representatives culpable upon is of negligence be jury defendant foundation personal that; must the the negligence be the than it instructs against criminal might or Court be reckless of injury the or and where ��COMMO:t-TW-E.ALTH v. JOSEPH FR~NCIS BUR:RE INSTRUCTION --- The Court is the killing of the accused; felonious act; instructs the jury of one accidentally, in the prosecution or in the improper that involuntary contrary to the of some unlawful, performance manslaughter intention but not of a lawful act. �L �COMMONWEALTH v. JOSEPH FRANCIS BURKE INSTRUCTION The Court State of Virginia, highway manner such as to endanger The Court evidence Garrard passenger said act further or series reckless, of acts wanton of the safety injury, then as charged you shall in the the doubt from injuries driven charged of the or property jury that upon the or in a of any nature that if the you believe death accused, manner, the Joseph are as to show utter circumstances him guilty a Francis operation and further accused from of Bessie by her while from Burke's against under indictment. control, limb by the or reckless find laws an automobile received resulted or flagrant of others the driving. such accident in an unlawful under proper life, a reasonable in an automobile car the under instructs resulted and that that who drives of reckless beyond Garcia jury or when not is guilty Burke, the an operator recklessly, person, the instructs likely of involuntary that of such of such disregard to cause manslaughter ��COMMOliJW'EALTH v. JOSEPH FRANCIS BURKS .. INSTRUCTION The Court is just as legal the circumstances the minds doubt. instructs of the the and ju.st are jurors jury that as effective circumstantial as any other, of such character of the evidence defendant's and force guilt, provided as to satisfy beyond a reasomble ��COMMONWEALTH v. JOSEPH FRANCIS BURKE INSTRUCTION In considering burden the of proving Court or possible every its of this the the jury essential after evidence, you from reaching doubt. of the evidence natural charge, presented and reasonable cannot go beyond such evidence bear such to left in such commonwealth has If, on the hand, of all the conviction of the truth beyond reasonable belief failed evidence of the doubt. or from be a doubt of the guilt of the a state of the guilt its circumstances. of all of doubt of the as to prevent of the accused, burden. an impartial and reasonable in the you have charge, of a accused and nonessential consideration to meet after any such doubt testimony, should immaterial and honest a convinced other fact, proof concerning are in mind that from conflicting to the the all imaginable a man must be proved can you go beyond should a reasonable your minds consideration with or possible ~ne jury the word is a doubt which say that to the of any particular a mere doubt If, doubt of the proof including of evidence, proof fact overlook doubt, of guilt. from. lack material not conceivable, to be drawn therefrom. questionable not consideration nor reasonable to be confused sufficiency doubt, beyond you should law does case, Commonwealth has met its A reasonable imaginable, upon the Furthermore, then that the inferences and not jury for to create arising accused doubt, trial evidence find of the meaning. must limit inferences the and is not In passing at the its or not on reason, beyond jury guilt the nor is founded guilty the instructs "reasonable" the whether case, you are then an abiding satisfied ��C0:Ml'I ONlVEALTH v. JOSEPH FRANCIS BURKE INSTRUCTION The Court witnesses is determining witnesses in this or bias, testifying; information; witnesses be entitled. to case, if their are the the the credit and that, of the their if the trial; to the in different the same is proved; their demeanor and their circumstances of the to consider of the shown; jury testimony parties, intelligence, such credibility authorized in the result apparent all the for to the any has been and to give as under that be given they any, if jury exclusively of the witnesses interest, feeling the a question the weight relationship their instructs temper, while means of testimony such witnesses of such seem to ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ............................................................................................................................. . I Russell \'Jilliam I.:cDonaldson 3 mi. west of Elkton, ················································································································'······································································································ on Rt.33 ·:::::::::::::~:~~v:~:~~::::~~~:~:::::~:~~~ .•. f.~i.".".~i·~~·~·~··~·.·.··.·~·.~·.~~·.~.). .•. ·.·.·.·.~.·.·.·.·.·.~ to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the .........5.th ................ day of.. .................... J~~y ................................................. 19 ....5.g to testify and the truth to say in behalf of the Commonwealth ............................................................. J.OSEPH ... FR4..NC.LS. ... .13. against ........................................................... . .................................................................................. . ...·········•······················· ···········································•····'···········~···················•······················································································• who stands charged with and indicted for a felony lfi1W~ And this you shall not omit under penalty. And have then and there this Writ. Witness, J'.U'""""'-<l'<>L'LJl.ln.Y\V,,.,-.Au>~-U{ ... /\,~ day of...........A.P.:r..i.l .................. , 19..5.2 ...., and in th TH ■ 1 ■ a:nc1 Pl.EU, HA&I.UONauac, ..... ' ------.. use, the ...28th ... �COl.JdO}TIJEALTE V. ) Witness Subpoena JOSEPH FRANCIS To Hay 5, 1952, .10:00 lKE B at a.m. r~o~~,~~~~ r' Sht:Riff ROCKH GHAMCOUNTI ' �Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................... ........ .B..µ~.~.~.l.l. ...W..:L.l.l..t.~ ...Mo.P..onal.d.~.o.n., ....Rt..~ ...#.2.,....Elkt.o.n.,....V.:Lr.gini.a.......... . ......... Tr.o.o:p.er...D.•.... M.....Sl.ane. ............................................................................................................. . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, ~:<>• at,.. o'clock, a. m., on the ....3r.d ........... day of..................... M.ar..ch........................................ 19 ..52., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ...................... .................................... aga.ins.t. ............ JO.SEPH. ..F.RA.NC.IS ....BURKE ................................................ . who stands charged with a felony~ And this you shall not omit under penalty of £100. And have then and there this Writ. J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ..26.th .......... day of.....F.ebr.uar.y. .......1952 .., and in the ..l.7.6th ... year of the Commonwealth . Witness, ......... -?J.~ ...t/4 ... ................ , Clerk THE SERVICE PRESS, HARRISONBURG, VA. �COMMONWEALTH ) V. ' J ) Grand Jury Summons :) J JOSEPH FRANCIS BURKE To M~rch· 3rd, 1952, at /0 :./JOA. M. ,J J �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ............................................................................................................................. . ··~·, ···········································-i;;···:,;.,--······1··-··✓-···li£io 3 ............ R.oy....G.utbl?.i.e..,....~O ....C.a:tl.i:e.e:tl.u ...:S.t.....*....:r.Lar.ris.onbur..g.,...Jl.a •........................ .i ..... R....... s .....MGC.oy., ..... 21.8...B:ro?..d...St .•..,.....E.ar.:r..is.onbur.g~....v.a.......... ~ ...-:...... '/} ... .V......... Tr..ooper ...D.•...Jl .•.... Slane ...f; ..&. ...... - ..·;··R- k to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ...........!?.th............. day of.. ....................... Ma:y ............................................. 19 ..52, to testify and the truth to say in behalf of the Commonwealth against ........................................................... . ............................................................ J.OSEPJ:I. ...FBA.1GIS ....BDRKE.................................................................. . . who stands charged with and indicted for a felony . ~ And this you shall not omit under penalty. And have then and there this Writ. Witness~~~{~~;l]:J~~K~WJ{K day of .......April TH ■ l ■ &t'IC■ PU!.ss. ..................... , HAllP.ISONllUkC. l'A, at the Court House, the ......2.8..t.b... �CmmON',illALTH V. ) Witness Subpoena JOSEPH FRANCIS BURKE To May 5, 1952, at 10:00 a.m. .• ~XECUTED~( 1/S:~N THE COUNTYCr ROCKINGHA~ BY JlELI~ING A TRUE COPY OF THE WITHIN~~ i~)=o~.~, ~4,.ii:~ ~-s. M(~ G.} .74 6/V:).1o6. \QAf A.L.STP.AV1DERM a ci&!:=-·n•.:-, -,. :· r· "•· 1·~ \.' , "-;,,., ,I ROCKmG1lAMCOUdTY ¥ ~.., �,/Vitness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth "Rlwoocl Lamb at House beside l .cHones 'tore t Rov Guthrie 310 Collicello St. Barri sonbur,:;, Yao ✓ R . .,;S.1 cCoy, 218 Broad St., Harrisonburg, Vao Russell \v. :i.:cDona dson, mi.. w. of t- kton Rt 3 to appear before the Trial Justice Court of said County, sitting in said County, on_~2~2~t=h~_day of Virginia to summo.~--------- of January S"o CiJ;f-, , a);f-, , S-o ;1. /, '2--0 at.___._H_,_,a,..r..__,r,.__,1""'· s...,o.._.n._..b.,_u,..r....,.a,_,----"-_......,_.L.!a!-=--, ..;:::::=::;==~::::; , 19-5L, at the hour o,fL -----"'2'-A-:-'-l0,.,,0 ___ __:.,;=---•-0(._0_~ 1 of that day to give evidence in behalf of_ _,C,.,o,,_,m,... _t~h'=----------------------------- in the pending v. Joseph case of ~"~...__,.,,_,,_ ________________________________ Francis Burke Given under my hand this,_ .... 24-}itLJ.L,h.,___ ___ day of,__ _...:cJ..:::~=-;a===--'~-~---.,<..l~-,-,~ 10-5 l-2m-Garrison _ �...,, -. (' C: ;::_ c- ct ,- ... Trial Justice Court ( ~ ----~ocket No. 81~2 A l Corn' th· f ( V. ( \Vitness ( Subpoena ·o 0 Joseph Francis Burke c::: 2 -I ~ To Jan. 29, 19,a at 2: 00 P.11 \ �COMMONWEALTH 1~~ VS. DESCRIPTION Last known address _____ _ Color __w _______ _ -i4£t. U-ee4. OF PRISONER _L ______ I HeighL_W---- IO , ' Eyes __ ____ _ Weight__/_ 'J_ ~- ___ Marks _____________ . _______ -- ... _-- - ---- ---- ---- ---- ---- ---- - --- ---- ---- ---- ---- --- ..---- ---- --- ---- - -- -- ---Age____________________ Date of T riaL ___..5-- /. Occupation _______ .,,__ __ ___________ ~ ____________________________________________ .S--- _SJ.___ ________________________________________________________________________ _ Result _____________________________________________________________________________________________________ _ ��Docket No. __ / ___ A_ Memo for Clerk of T. Harrisonburg, Va., Justice JO SEfH: ~ ·S , M~c~ '( 8 V~ ~ ~ 1-2.,. 19.!"~ 3Jo 2/tl w.McD4# l,:t>S6N- of Virginia to appear in Trial 2/tYfl Of' Where Witness can be Seen ~~ _ coLL1eeLLO.Ji, ~~~-----/dAfU!... '.6~d~o Sr, )-.\~~~-~------- Rt-,J, £v(-r-FJN______ "sE" Iles,t>r McH• rs Sro~E d ~! AT M ~Je. WO~'t<SA, _ Dvf'lAN 0~ By-tr_· in the case of ( MA,-/ .SLAVGJ.J-rd'~} or Witness works for M c.1.\-01Jrs Srr-o~E ______ £u~1o<J1> l/\Me Gu·n+El'11: .J1/t>r-N • Address of Witness Name of Witness RvSSfll 'F'tffA WCIS Cour.t on the Trial Date, Ror 1950 J. Court: Kindly summons the following as witnesses for the Commonwealth Com'th V. b' /1- ~/ (/ M!"R.,lt >-1 GR .,,. 3 N1I. W, _»,_,n_..,__•~-~--Va. State Police Officer. ~. bP E J.J<'f'O p.,,IP,.J.J_ �• �TRIAL JUSTICE COURT Criminal Docket N~ 8152 Com'th V. Joseph Francis Burke Defendant Af D 7?tA,tl fppearance 1 date // - ,~-- ~,.,,...J. Trial Date ~- 1-:u- '\\-( A �TJ 3 il 1 to DllS (i ' ~',._,pp,C,t #Illf- 'fA• 0 A, .-_ e_,Jl...,s.._ ti., .sC..s ~ I 0 & .S.# II ~ ~/(_ ~I-·, rl 1- iitl • 13- ~ ~,f"/U I ~.: ./ I ·• � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Joseph Francis Burke Subject The topic of the resource Felony Manslaughter Description An account of the resource Defendant charged with felony manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1952 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_016_007 Burke https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_004_commonwealth-v-kemper-n-maston.pdf 6ca6bdd1683ea239c17a8d5cb5865fdd PDF Text Text - - - ~ -~..-L-.J -'l?t~ co 6#u ~ ~~~ ?f~O/J~ ~/-2.c,_-~-y~ -~~~~~~~ ~~~. _ /(I~ ~a,-.elc7 .A./4,'CV-, t!(. ~~} e._.<_ -~~~' )~~if ~ ~~:;t.u~~-~~ - ~ ~ J~o-.,~6-.. t>I-J)~ -'l7 ~ ~ ~--4~ ,)~ - - J'~/LI,~ J/~ -~....- ... 6--~~J.. ~~~- -~~~~0-z - J /.~~ J ~~ ~, ..«/~ ti' ~ AA/~ -~ /J -~~t:,f. fl - (!~ J;~ ~ ~ a.c-' ~r/- ~ ,J~JP~~· a,,_,./~~~,,,_. d.. 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F fJ&L.I~ #, 4( �COUNTY COURT Criminal Docket 25578 N9 Com'th v. a yl I Appearance Date / Trial Date .2. <f - .J-J!, A �✓ �DESCRIPTION OF PRISONER Color_---,1-cf:.....::....._ t Heigh , _,.._., L Weight te-___:..._.._.L...,_ JWD Mark.o- __ (v_-'----'--------- ? Occupation Ag._e---=---V-----=-I;_.,,_ Date of Trial~ _l--1_,___· ,Z... Y__:_r __ ~~ I t'/ _:_T__________________________ Result'--__ /'/,=.,,..._-4,-;.::-..~C2'.7_L_____.:.__ ________ I Cl.nAAA/ _ .__________________ _ ���~ I I I I I I I I I I I I I I I I• . I .I ' j I I Ii J I f I r I t, I I I • I I : I l I I I I I I I I I I I I I I , L • I I ~ [ . I I I I I I r I I I I I I I I I fr J" I I j I �IN THE CI CUIT COURT OF ROCKING' I.:i:COU:'TTi, VI?.GIIH : C01.il.iOff;JE LTI= OF VIRGI:TIA v: or a Felony ?illI.:P&-q N. • S TON To Charles I, make the Elizabeth statement, Atty. for do hereby the Commonvrealth: freely concerning the to the death 1958, in relation 20, and voluntm,ily events as they happened of 11.ydaughter, L:as ton: I I.:as ton, t about returned c~_ild, 7:30 or 7:45 s he entered Diane, nas the in another house,. of her he1, body rigid, and she was having not time knor1 at the 1;1other had su,&ested a previous my husband, :-r. Kemper I told fits. him the: t our youngest Her face difficult:r vras very breathing. that she suffered from sa □e rrhen ne told her ''.le did epilepsy, about red, although the my syi-1ptons on occasion. Supper III upset . . p. m., from ·,1ork Il ~ Jr., O. Las ton, follm·ring on January Diane . Earman, that ·.,as on the he vms uhable table nhen Ken1)er came in, He pic.ed to eat. Diane but he up and ¥ / ::"::e: :::;.d:::~th:e::o::ch, 1:: :i:: 1:e:::::::::a:nr:::i::::o::a I.;, 8 0 her and spe.nl:ed her on her face this had revived her from her IV Then ·=errmer uent his supyer that the V which I did. her baby, again but _Te then It said fit, but it it On a previous didn 1 t work t~is He did ..=-·o!'a cup of coffee. '.;'Jhen he finished, night. revive and rectum. by slap_Jing was the he came back her. only asl.:ed r1e to get his thing .ir He told night. not and he hated to do. L:anual for to ke~p the baby Harm and quiet. eat to Diane me that he knev Force occasion, hin, r~emper �I �r.rrapped iane no longer in blari..kets red, but and put she rras still her on the bed. a little stiff. 9:30. He took Her face The fit t7as seemed to be over. VI in order ·.1e went to keep VI of Sharon, 11: .•y her our older she was dead. the in town, statement 11it v.rrap_ ed the ZI s fit, hurt you 11• ~Jtu:ns<l and I did. in his to stop to try I Le ul 1.r- b:· his s, r eet the :e told us. ni.;;ht he was obtained !hen he finished, given e me to go on The wil'.)le statenent I was not Sheriff been made by me. them. ~y him .. the of ..:ice. me is tc have to get Lindsay's. Lindsay to o· r ' one an ,l/5Xe']) all I was afraid and not her Cor:..i,t. along at by 2nything safety, fter -.~hat uas '\'Then ·:re ·,7ere at 'las supposed I thought Diane. for decided 1re and I would ans··rnr won't it, later, baby to cry. -.:r. ~=oover questioned uhich cries he a chance to :..~ead to my recollection. statenent, to help ~inutes vie decided questions ne to sign buts the the :t:er:iper was doine time, very but ~:em~Jer did. _e see7ed funeral, I was still that very ny fear o: all was caused cot:rse I '.Tas sicK. ··,e T;rere ta:-rnn di1,ectl., D.uch upset, he could and uas not to t:1e svi,e about ' appening. XIII ily bed, Then I started us to retv.r The night by ans~ering fa on the The ne::x:t day, and anSi'ler, I ti:ink ..re found to a ne.:.ghbor 's and called as~:ed me questio.r:.s, County baby?". by the thing Kemper said was still he:r/in bed vii th us and vent the scared The first a 'Jakened so ::emper ne were I child. to cry. d tol Jiane we uere 15 _,. the m., bout called told 1 :00 a. ::..ane ~-,ith us still. VIII IX got She vms ve17 Kemper fell arms and started ince narm. t about God, ho·7 is help, to bed about I~emuer has he has done all to ·et1er. al rajs he could been a .;o~d father to provide and husband. f o::.~us and keep our by �• �Given ol-/~ day my hand this under of 1958. pril, ~·ltd ~a 0 712412t;.,,_, . eth G. :.Iaston to-wit: ndrus, County that aforesa:.C., Elizabeth personally after t11at the took place e:;:p:..res 3tate . Laston, a)pe,n.,ed oath, before having above , ebl"U r the is to the Given 1958. in the best public of Virginia, ·7hose name is 1·ead to her and correct of her belief :'...na1;.d for do hereby signed :1e in my County above a true a not~ry and after and recol certify to t11G a)ove, afo1"esaid, account and made reading of the 1ny ana and official seal ection. this s21.1e, events 2(,, 1 60. under the .J,/ ~-rhich :.Iy coiillJission 4dday of A,~il, ~ �.... I �~' Kemper~-· Maston 1n open cour, before the Judge County, Virginia, do voluntarily of murder Given under my hand this , the accused in the attached warrant, of the Circuit Court of Rockingham waive indictment on the said charge mlOthday of ✓ J (~ Witness: :b ?n~ ��Comp. Form 18 l STATE OF VIRGINIA c~ OF __ Ha_r_ria_an_b_ur_g _______ No. _____ To-Wit: _ f City TO ANY SHERIFF OR POLICE OFFICER: Charles E. Eaman, Jr., Whereas, CommonwealthsAttorney John G• Leake has this day made complaint and information on oath before me, ------------------- Justice ot The Peace (Name) City of the said 6amxy, tha~-------------- __________________ Rockingham (Title) KemperN. Mastoa did on th kill 2ntb. day of Januaiy ______ , 19~: Unlawfully and feloniously and murder one Diane Masto•, his daughter, a minor female child, age of 8 months, against the peace and dignity in al:acGxxl County to-wit: the of the Commonwealthof Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockmgham. County Court of tlllCD:idCounty, the body (~) of the above accused, to answer the said complaint and to be further dealt with according to I-aw. And you are also directed to summon: color ____ Address color ____ Address color Address -----------·----□ color ____ Address ---------------□ color ____ Address ---------------□ --0 as witnesses. (Seal) �STATE I. . OF VIRGINIA-COUNTY 01' -------------------, ____________________ a to-wit. Judge of rhe County Court Justice of the Peace in and for the County afo~~aid, State of Virginia, do certify that as his suret _____ and---------------------------, to the Commonwealth ($ ________ ), , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of -------------------------------------to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: lands, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court County day of _____________ ~ 19___ , That the said _____________________ County, on the ______ of _ at ------M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said --------------------shall keep the peace and be of good behavior for a peri~d of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ day of __________ ~-----, t' >-3 ...: ~ ... "' "' _ ----------------."Judge. t (") 0 19__ J.P. 'Tl < s· !" r, ;. ~ iii" ~" t.1 3 (I) s· } (I) ~ 11 2: • s, ;. r, ~ s· ::, ., CA i ~;. 5· ~ .., "' -" IIQ .... ::,-, ::, a. Ul ('"') r:: 0 >-3 0 g s· r, >-3 sa ~ 3 3 0 3 3 0 ::, ::, s· ~ r, n0 ~ "' e. ;. IIQ > ... s ;r, ., ::, ~ "' ~ ;r, --~ "' "' r, ~r, ::, a. n"' r, ::, 'Tl r, > .., ~ ::.., ::.- r,.., ;,;~ "' IIQ r, ('"') ti:, ~ ..., .., E .,"' ., "' a. ~ ., r, "' a 'O r, ::, ::, a. ~ ~ n > 0 'Tl 0 z ► ~ ~ l:rj Ul ~ tJ:.I 0.. "' '< < :;· < :;· OQ OQ s· .... F" 0 ~ ..., ) ::i: ' L e,,- ' C> t \ . 1 t-.:, i ~ "' .., "' 5· 'O 'O r, .f ~ er r, .., ., 0 r, .v, ;. r, "' (,, It s >-3 :::rr, " .... £. 0 y:: go g 0 ::, -'° l g :;t ;;· ;. ,.. i >-3 s, C'I> ➔ C'I> (-.. > t"' s, 0 0 a:: z i( p "' n - >-3 0 z >-3 "' " '< ~ tJ:.I a. ~ .,"' n > '< q ti:, 0 0 -'° r:: 0. ~ t, :;:,;; ~ ;. r, r, 'ij days ~OQ ~- ;""' "' " "' n 0 ~ r:: .., ... r,., ".., 0 n0 r:: ... :.< ::, ... "n 0 IIQ ::, ;.· n, 0.. �In the Name of the Commonwealth of Virginia: To the· Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ................................................................ DR ....T,ALBOT.............. ..............................................................ELI.ZABET.H..M.ASTON........................................................................................................ .. .. ~ ........... .. ... SHERIFF .HOOVER ............... ... HUBER.T.. GENTRY...................... to appear before the Judge of the Circuit o'clock, a. m., on the 22nd. day of Commonwealth Court of Rockingham April ~0-r~-th@-~a-l.1-El-}ll-Ty, ~gainsL who stands charged with"'fl1'!.d- ➔ !'Ktteted-fur CHARLES Hari,isonburg, Virginia, of the Commonwealth. E. EARMAN, County, at the Court House thereof. at 9 :30 .. , 19 ....5~to testify and the truth to say in behalf of the ....... KEMPER..M-ASTON. a felony-nri-s~l€.al't0£. And this you shall not omit under penalty. Witness, ...... ................................................. And have then and there this Writ. JR., Commonwealth's at the Court House, the ...3rd .....of Attorney for Rockingham County and the City of , and • 1 the I'? ~· Attorne;' 182n .. �.ISXECUTED:f~ IN THE COUNTY01' THE COUNT)'.·tJL ROCKINGHAM BY DELIVE NGA TRUE .QIBCUTEDY..c./~>-fiN ROCKINGHAM BY DELIVE. COPY OF THE WITHI~~2:221t:liZao---- COPJ;, OF THE WIT IN ToZ__~ TO...../,.~~~-'S~T~-IN P~.ru.N IN PER~ ef/&_~~ • • SHERIFF ••d l ROCKINGHAM COUNTY ROCKINGHAM COUNTY ½ i:<.;1ffiCUTED __ ,r. JI;-;HE COUNTYOt ROCKINGHAM BY DELIVE_ COPY F THE W H:;1,,1-";;:C.C:::~~~~ TO____.,,,,_-'-_________ _ ?7JN~ ~~-~ SHERIFF -- .. _A.~l.!lU!~~~-~ ROCK A ROCKINGHAM - - CQU~!'!_ - ..__ ~ COUNTY APR4 195 "::il SH£Rlff'S Off\ ~ • ROCKINGHA \~) (,.{, c) oour-.rr<. 0CT fLI -·, �COMMONWEALTH v. KEMPERMASTON CHARGE TO JURY If you find charged the accused, in the warrant, Kemper Maston, and that malice aforethought, and that tated, you will him guilty find fix his punishment for life, or for it the than twenty without in the malice manslaughter for find fix than a fine jail in the warrant, then and fix not less him not guilty of murder second but that and fix not less his than actual you will punishment one year but that you will his than find punishment five punishment nor more not exceeding not exceeding If you find five One Thousand one year, years, Dollars, or by both him not guilty, five you will years. the first degree, nor manslaughter, penitentiary but say so and for in your not less discretion, or by confinement such fine or in the peniten- you will or, heat, of voluntary at confinement in the nor Diane Maston him guilty manslaughter, degree, upon sudden nor of voluntary at confinement nor more than or implied, find first he killed of murder in degree, of involuntary in the nor more than him not guilty in the second one year degree, provocation, him guilty his for penitentiary aforethought, degree, and years. and premeditated, second aforethought, If you find of murder in the degree in the as charged with malice with and premedi- in the first twenty as years. on reasonable tiary than in the penitentiary If you find of murder deliberate of murder, deliberate of murder at confinement was willful, of murder same was committed was not willful, him guilty was committed or by confinement him guilty of murder, the murder any term not less If you find and that at death, it guilty by in and imprisonment. say so and no more. ��COMMONWEALTH v. KEMPERMASTON I INSTRUCTION The Court instructs is any willful, being deliberate by another }urder being the that murder and premeditated in the killing first degree of one human with malice. in the by another jury second degree with malice is the but without killing of one human deliberation or premedi- tation. Involuntary unintentionally manslaughter while V"fq,n+on the improper culpably for voluntary an act that performance act the is unlawful, of a lawful foDows as a consequence negligent human life, performing of a human being or in ly orAnegligent when a homicide is the killing as is incompatible person manslaughter. causing act; and that of such a reckless with such death the proper is guilty or regard of in- ��COMMONWEALTH v. KEMPER MASTON INSTRUCTION The Court "malicious", the definition and hatred denotes stances express as carry of social a wrong act act done without that of time malice and it the killing word "malice" in a technical It includes from any wicked attended in them the plain indication and deliberately or implied reasonable further shall may first bent without sense. not just motive. with instructs the have existed come into or at any previous time. Malice mot±ve, such circum- of a heart regard- on harm. Malice cause or excuse. from any deliberate provocation It only anger and corrupt mind and purpose, or and used in and unjustifiable done intentionally The Court sary flowing the law of homicide is used unlawful duty It may be inferred that or implied. but every an evil jury to the of murder, an action done with the as applied may be either less instructs means and cruel or excuse. jury for that it is not neces- any particular existence length at the time of �/ .. �COMMONWEALTH V. KEMPER MASTON INSTRUCT ION The Court Virginia is presumed, murder fense instructs in the second to murder Commonwealth; degree, and in order accused circumstances, evidence in the of the jury that absence every degree, to reduee or excuse to introduce or Justification, Commonwealth. homicide of other and in order in the first or to show justification is upon the the evidence, to elevate the burden the for unless the to be of- is upon the offense the killing, evidence in to manslaughter the burden to show extenuating it appears from the �) �LJSTJ.DCTI1. !~ NO. The Court instructs upon tje accused disprove the case for the jtu•y in a criminal that there is never case to Drove his defense the Cornnonvrealth. a burden or to Under the la-;1 of this le-nd, the Cor:rrnonwealth must prove ee ch and every material allegation contained in the charge beyond all and if the evidence on behalf raises doubt as to any naterial charge, a reasonable t1en you must find The Court further the evidence then you nust and find the accused instn;;_cts to be susceptible one of which is consistent adopt the accused of the accused or the Comi71onwealth allegation the jury to trro reasonable the interpretation doubt, in the not guilty. vdth the innocence not 3uilty. reasonable that if you believe interpretatj_ons, of the accused, most favorable to him �• �INSTRUCTION NO. The Court person charged established and this presumption case, having the lau presumes to be innocent whole case, made against of innocence and applies heard have a reasonable prisoner with a cri~e the juxy that until by the Commonwealth beyond all the entire after instructs J all at every the benefit of the doubt, thereof; in this case, of the accused essential him in the indictment, reasonable stage of the evidence any fact guilt it is doubt, goes v1ith the accused doubt of the guilt or as to his every through and if, the jury upon the to prove the charge is their and find duty to give the him not guilty. ��COMMONWEALTH V. KEMPER MASTON INSTRUCTION In considering of proving the whether guilt of the that accused instructs the nor its meaning. reason, and is not to be confused for jury or not the imaginable, upon the jury must limit its trial of this create doubt, sufficiency to the The jury Court word "reasonable" or possible proof guilty of the evidence natural cannot the on doubt, beyond doubt. of the the doubt, burden which is founded imaginable or possible including to be drawn therefrom. the is a doubt with consideration case, overlook a man must be proved conceivable In passing not doubt the law does not say that every beyond reasonable you should A reasonable Commonwealth has met its charge, presented and reasonable go beyond nor can you go beyond such evidence the at the inferences such evidence to find to inferences of guilt. Furthermore, from lack proof the of evidence, doubt to the proof concerning If, evidence, after fact, your minds are guilt left If, on the the conviction of the truth reasonable doubt. hand, to meet its after evidence of a material an impartial in the of the charge, case, fact and not a mere circumstances. consideration of the arising or from questionable of the accused belief Commonwealth has failed of all be a doubt in such a state the any doubt testimony, and honest a convinced sideration in mind that and nonessential a reasonable other bear should of the immaterial you from reaching all should from conflicting of any particular essential then jury of all of doubt guilt of the as to prevent of the accused, burden. and reasonable con- you have an abiding you are then satisfied beyond ��COMMONWEALTH v. KEMPERMASTON L INSTRUCTION The Court deliberate the intention time prior / at the the and premeditated to kill to the such intention time instructs should time that killing, should actual jury it ea.st for killing; it have come into of such killing, to constitute a willful, is not necessary any particular is length only necessary existence for or at any time that the that first previously. of �/ f �COMMONWEALTH V. KEMPER MASTON INSTRUCTION The Court deliberation any other instructs or premeditation fact, by a combination and conditions therefrom deliberation the by either of both; are proven jury that by the in a case accused may be proved direct or circumstantial and if facts, which warrant beyond a reasonable doubt or premeditation, then like evidence or surrounding circumstances and justify an inference of the the of homicide, existence of such same may be so inferred. ��COMMONWEALTH v. KEMPER MASTON INSTRUCTION The Court that which quence instructs he does, of his act. the jury or which is that the _f_ a man is taken immediate to intend or probable conse- ��/6 Tho Court instructs not a c1~ime, unless and culpably life, the accused ne 0 ligent in which event the jury that in causing as to indicate accid e:-1tal killing such death a callous the crime is involuntary is is so grossly disregard nanslau~hter. for human ��_!/___ E;STFtUCTIOIJ !iO. The Cotu·t for them to surmise father said instructs night Diane evidence actual defendant beyond but or preb2_bly th::.-t they a reasonable of the quilty under juTy ti1e spanl{ing or possibly Laston, result that the said this that it given did is Diane result that span....'king before charge. the sufficient L:aston in the must believe doubt, not from all death they by her dee.th the 1aas the can find the of ��COMMONWEALTH v. KEMPER M.ASTON INSTRUCT ION The Court witnesses is a question have the nesses right on the bleness candor if any appear, appearing the the jury; appearance testimony, apparent intelligence determine accordingly. of the trial, circumstances which witnesses relative of to the parties, result surrounding jury apparent or lack of the witnesses other and the the reasona- their in the of of the wit- of testifying, of the witness credit the credibility for manner and what is the and to give that from the of their and from all on the trial, of credit their relationship interest jury exclusively their the any, testimony stand, and fairness, if the to determine and consistency intelligence, worthy instructs --- weight are more of any such �I �;J I JSTRLCTIOIJ NO. The Court instructs the jury the.t upon the tr:Ls.l of a crirnina:i.. case by a g.ury the laYJ contemplates of tuelve minds in can be had. reasonable his oath, doul:t of the consent shoL:ld realize reasonable after guilt to a verdict resting of guilty. he can, Each juror under should feel upon hj_m as a member of the jury, of guilty. of tr1e accused Therefore, his fellow doubt of defendant's inst~uctionsof before beyond a and thc.t ~1is own :::nind rJust be convi ...-1cedbeJond a ";1i th reasonable a conviction must be satisfied of the accused hav~ng duly considered consultation the Court, convict:::..ons simply different of g1..,.ilt before juror doubt of the guilt to a verdict 01m conclusion Each individual the responsibility juxy, trie the concurrence convictions. it because before he can consent if any individual the evidence jurors, euilt should member of the in this entertain as is set forth case, such in other is his duty not to surrender the balance of t 1.e jury his entertain and after ��IFSTnUCTIO:J NO. The Court instructs doubt as to the degree if any, then :rou should the jury tL.at if you have a reasonable of crime of which the accused find him guilty of the lesser and if you have a reasonable doubt as to whether at all, him ~ot guilty. then you should find he is guilty, offense, is guilty ��Ii\STRCCTIO~T IJO. The Court instru.cts admissions great caution, province alleged exact and confessions of the accused and the Court to consider confessions nature, the jm~y that all tells impoi-·t and meaning. are admitted the jury the circumstances were obtained, in a criI'.linal that it case with is thei:: under which the and to determine their �... �The Court instructs the statements accused, the jury and confessions tl ey should take that alleged into in considering the to have been ~4de by the consideration the circumstances under which they were made, the condition of t1e party at the tLne, of the party alleged the age, intelligence and education to have made them, the probability confessions, connection and that with all The Court or improbability is is your duty to c0nsider the evidence instructs in this the jury that a crine at all, in fact any fo_ce for same in the confession one must be aware that such crime, he is guilt and in law befo::::e his confession as evidence. the case. made by one '.,ho is w1aware of uha.t constitutes confession of such thereto of a cri~e is no of is of �L �IfoTnUCTI :J EO. The Court is the kill~n~ o: the parties, felonious act; ins.,,~Y t~. c.t involuntary of one-con~rary :..n the prosecution to the of soy:e Lmlauful, or in t 1.e imp1.,oper performance rw.nslau intention but of a lav;ful not act. 0 hter �l �COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: BE IT REMEMBERED, that Elizabeth O. Maston, Market Street, Blatt, Bail principal, Har~isonbfrg, ciency 5m oath, 1 as surety,. Commissiaer the 3ate of Virginia, pectively on this , and Helen Marie Pence, Virginia, who justified personally appeared 365 W. her suffi- before me, Harry in and for the County of Rockingham, i~ 1 my said acknowledged 13th day of March, 1958, County, the~dves and severally to be indebted in ·1 and res- to the Commonwealth ' of Virginia in the sum of Two Hundred Fifty be made and levied and chattels, rendered, shall yet upon this before day of April, the Circuit at the trial Maston, of the pending or further heard, any proceedings not depart thence shall without be void, Virginia, any Court thereafter in connection with said case, leave of said Court, otherwise Vir- to case of Commonwealth v. Kemper and before then this to remain in full force virtue. GIVEN under my hand this Oo Maston of the Commonwealth of Vir- to which the proceedings 13th day of March, 1958. • to be on the 22nd A. M., then and there to, s_ay on behalf or holding nizance in Harrisonburg, to goods Court of Rockingham County, and at any time or times continued and tenements, That the said Elizabeth 1958, at 9:30 o'clock, and the truth ginia lands ($250.00) the Commonwealth of Virginia condition: at the Courthouse, testify respective I to the use.of appear ginia, of their Dollars may be having and shall recogand �., VIRGINIA: IN THE CIRCUIT B.C. 22, 1958, 9:30 A.M. witness, $250.00. COURT8F ROCKINGHAM COUNTY COMMONWEALTH v. KEMPERMASTON April Bail bond of material Elizabeth O. Maston, To: J,~1 H. B., 1 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Kemper N Maston Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1958 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_019_004 Maston https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_019_commonwealth-v-kenneth-rhodes.pdf 5cbf16cd8f10b0f951894f54670ede8b PDF Text Text �a u:, ,,,. ����I.___,___ ������R S 3 �--- �J:) :n f.N "' I ! "l �:1, I• ~ ' f ., I',, I I .,.' V I IA CU n T Circuit Th nd fort Co rt nn th ho Co nty • ' th '. oc for id, HARRISONBURG, LAW VA. ( l r or more li ril, in t t e oc h ir ly nd f , t e rs ns, by live o hich of th· r, 1961 niou in tl ly id aid , C th n n b id th n ho tin r on o "d nd di nity th di ty of Cl r a4d motor vehicle , th ct v hie L, 1 n , n w tt 31 t d yo licio v·r 1th o n pon r 'I C r h c~oor!we n i tho . Cu to C n Co Co nty, nlaw·ully, pl ce t ini th out th d th r Jury AT saL hot un, b o D County, County of oto 1 Caro R. SIPE th , on t A'fTORNEY Juror t o 12 l Vir JAMES f Rockin h t • I I t Gran o yo c·rc~it hot Co rt , wit V vi nee o es s orn in o vi ence. p t h riff n court an G. M. s t t . • 1cox an th Gr �3918 WA.J .S'I e3MAL TA Y3i-lS'!OTTA .AV • .:rnUSMOSlll>!AH �~~~-;;-~A'~&-"]) /'~ - J,,t/f'/11 ~ ~$ ~~{t=;~) �I I �Comp. Form 18 1 STATE OF VIRGINIA CiJ,?iltf OF Cit;r Ham. sonhnrg No. _____ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: has this day made complaint and information on oath before me, --w...'"---1.,..__.~,u,----------(Name) Ju· tice of The Peace __________________ City;tha.._ _____________ of the said Counfy, ____________ K_e_n_n_e_t_·_1--=-R'-h--'.o'-d'-'-.e-"--=-s _______________ day of~--~O=c=to=b=e~r ________ did on the_J_l_st ___ in peril peace did then shooting sa·a _ lCXJClt (Title) s1Di there in violation Md dignity of o:.: section t 4 p~e -:;ho life 18 .l- Co:mnon1 realth of £lfJ-,-an',,.,TT,"'' DXX feloniously and _,n am , 19--63;-: Unlawfully or liws of wid t pePsr:>n or p .. cons Cooe of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rocld.neham ia County, the body ~~s) County Court of t further dealt ~th.according ~~ /v~ to law. And you are also directed to summon~-~ // ;,,,_ ~-c~ C:~ color ___ Address ~~ ~ color ___ Address /1/: ~ ff~ ~ tZ"~ C~ color ___ Address -M°-C:~~--~----- color ____ Address~ J//,,y". t;~ ~ ~fh· of the above accused, to answer the said complaint and to be / &/~ 4. C,,~ ~ ~~ color ____ ~.2 ~ □ --□ Address -------------- □ .fl ✓i' ,,,, ,If' u~der my hand and seal, this t,Cb, ~~: (I) k/~ --0 II /4witnesse~ ~Given □ 31st Ci)~ ~t Issuing .m:TICE o Officer) T :IE PEACE (Seal) �STATE OF VIRGINIA-COUNTY OF _________________ I. a _ Judge of rhe County Court Justice of the Peace to-wit: in and for the County aforesaid, State of Virginia, do certiiy that and as his suret _____ to the Commonwealth ($,________ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of -------------------------------------- ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: lands, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court Couo.ty , day oi _____________ ~ 19__ That the said _____________________ of ______________________ _ County, on the _________ at ------M., at ----------------,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said --------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ day of _________________ 19___ days _ Judge. ;. r:; X r, (I) (") 0 ~ >-'l '1"J "' ~ i:,. (I) i:,.,.. < C: ;. ~ :, "' ~ (I) "' c:: (") 'C (") 0 ~- ;. ::r ;:;;· (I) >4 "' 3 s· >- :,:I I ~~~-~~ ~~ /£. _/)(,,~ g, ;. (I) l '1"J s· >-'l ... 0 ~ (I) >-'l ~ ~ (") 0 ... "' "' a 30 ::, ~ "' ~ ;. :!' g ... :, "' '< [fl C 3 30 :, s· Oq ~ s"' "' § g(I) "' "' ~ :, "' i:,. "' r, :, (I) ._ t '1"J (I) (I) ("') ;;- ... ;,;- ii::: ;;- "' Oq (I) ... ... ;i:,. (I) ~ ttl ~ ~ ~ ... "' ... "' ;?. Oq -'° ..... I r, ::r ... "' -"' ~ :,:I > t"' z l%J ~ :x: i:,. "' g, C: i:,. i:i. '< "' g, "' ~ i:,. >:,:I '< ... "' "' 0 ::, 'O ::, :, '1"J >-'l ::n ..., ... a= z a= p [fl §: ::, 0 0 >-'l 0 r:; i:,. (") :ii:: to '< ... "' ..,, < ;:;· < ;:;· s· OQ s· OQ F' F' ~ ~ g "' 'C 'C "' ... "' r::r .... "' 0 -. g, 0 a. l%J >-i () z>- ::, ~~~~~~/ () ::ti ... "' ,;- ~ t:, 0 ~ ;. "' (I) ~ J. P. "' ;. "' (I) (I) "' >-'l ::r - (I) £. 0 (") ~ s· ~o C -, 0 Cl.I ~ 0 p :, Cl.I ~ g ;:;: Oq ~s(I) "' "' "' (I) (") 0 C ~ ... ,.., ..... 0 ,.., .... .., (I) (I) :0 l (") 0 r, 0 Oq C: 2. ~ a. "' ::s "' �?..HODES , .1.illNNETH ££)tva shooting into motor vehicle �I J 9 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Kenneth Rhodes Subject The topic of the resource Felony Shooting Description An account of the resource defendant charged with shooting at a vehicle. Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_019 Rhodes https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_009_commonwealth-v-kirby-strawderman.pdf 4e191a0f23e304e74b01571b7512691c PDF Text Text CHIEF JUSTICE' JOHN W. EGGLESTON JUSTICES, C.VERNON ARCHIBALD WILLIS 0. SPRATLEY COURT OF APPEALS HUBERT OF C. WHITTLE HAROLD F. SNEAD Richmond 10 May 28, 1959 Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Dear Mr. Switzer: The case of Kirby Strawderman v. Commonwealth of Virginia, Record No. 4928, having been disposed of in this court, I am returning herewith the record. The style of this case in your court is Commonwealth of Virginia v. Kirby Strawderman. letter Please enclosed. acknowledge receipt on copy of Yours very truly, Clerk HGT-h .Encls. D. BENNETT EXECUTIVE VIRGINIA W. l'ANSON G. TURNER CLERK C. BUCHANAN MILLER KENNON LAWRENCE HOWARD SUPREME SECRETARY �l. •J l..!.-.,1 �J P. Bell Co.-No. B·500 <tommonwealtb of :Pirginia In the ...... C.IRCU1-T................... Court of the ........... C.QUNTY .......Qf ........ RO~.KINGR.ru'-1 .......... . ..C.OW1QN.WEALTE ..O.f..:V:IR..CU:NIA ................ vs.{ KIRBY STRAWDERMAN TABLEOF CONTENTS Name of Paper Warrant of Arrest Indictment December (with return of grand jury on reverse side) Order of Court showing return of Grand Jury Order of Court showing arraignment of accused plea of not guilty Stipulation Charge Page Date Filed 26, 1957 1 January 6, 1958 2 January 6, 1958 3 January 6, 1958 4 and of Facts 24, 1958 February to Jury 5 February 24, 1958 7 Instruction No. 1 February 24, 1958 8 Instruction No. 2 February 24, 1958 9 Instruction No. 3 February 24, 1958 10 Instruction No. 4 February 24, 1958 12 Instruction No. 5 February 24, 1958 13 Instruction No. 6 February 24, 1958 14 Instruction No. 7 February 24, 1958 15 Instruction No. 8 February 24, 1958 16 February 24, 1958 17 February 24, 1958 18 - Order of Court imposing sentence and suspending execution for 60 days February 26, 1958 20 Notice of Appeal a.nd Assignment of Error April 17, 1958 21 Narrative April 25, 1958 23 Verdict of Jury Order of Court jury, etc. impanelling of Events of Trial Desifnation o Parts of Record to be Printed May 28, 1958 31 I ........ ~:'.....~~J?.~.~.~...¥.~~.~.~.L ............... , Clerk of the above mentioned Court, certify that the papers listed above and filed herein, are the original papers in the above styled case. Teste: .....µ~</~Jerk / ��Comp. Pann 11 I ST ATE OF VIRGINIA OF Harrisonburg ~ No._____ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: Charles E. Earman, Jr., Whereas, has this day made complaint and information on oath before me, ____ Co1'll!lonwealthsAttorney J_o_hn __ G_._Le __ ake _________ _ (Name) Justice of The Peace __________________ (Title) City of the said Gaxmy, tha~--------=-___,.-c-------,--- Kirby B. Strawderman Rockingham tlm::ondCounty ------------------------------------~·n did on the 25th December know one Mary Elizabeth day of ravish aid carnally the age of five years, , 1~..1_: Unlawfully and feloniously, Miller, a minor female child, to-wit: against the peace and dignity of the Cormnonwealthof Virginia These are, therefore, to command you, in the name of the Commonwealth; to apprehend and bring before the Rockingham County Court of tlmaacild,County, the body (bJlliiDQ of the above accused, to answer the said complaint and to be furtht>r dealt with according to law. And you are also directed to summon : C-liifitonMiller Ressie Miller Dr.Charles color Address Fulks Run color Address Bergton 1'1. Hertzler color Eula Showalter Nancy King Fulks Run Address color Address □ □ Bergton Bergton color □ Address □ □ as witnesses. Given under my hand and seal, this_---'2"-6t=h=---_dayof__ ~--:------,,'7'--'-D-e_c_e,....mb_e....,,r,e;./ ____ __, 19--22. ~:K£ -/- (Seal) �STATE OF VIRGINIA-COUNTY Of _________________ I. ------------------- _, Judge of the County Court Justice of the Peace a to-wit: in and for the County aforesaid, State of Virginia, do certify that and -------------------------, to the Commonwealth as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of ------------------------------------ ($________ ), to be made and levied of their respective goods and chattels, land~, and tenement~ to the use of the Commonwealth to Circuit Court be rendered, yet ujllon this condition: That the said--~-------~-------, shall appear before the County of _____________________ _ County, on the _________ clay of _____________ _, 19__ , at --~---M., at _______________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said -------------------shall keep the peace and be of good behavior for a period of _________ from the date hereof. Nonappearance shaU he deemed to constitute a waiver of uial by jury. Given under my hand, this ______ _ day of _______________ , 19__ _....ys _ Judge. J.P. ., ~ n0 'X1 s· ... "' ti) < !" I'll ~ ~ ti 0 ~ • ::,a; > I-'• :;o '1 :;o CT > '<l z I'll 1:1 3 ~ ~ ~ s· o· ::, ~ l . 0 0 c1' > :;o =E 0 C/l 'X1 I\> a I'll z ~ '"i '1 ::,- ... ., -"' ,:.. ( > t"' ::i: a ~ n ~ l"'1 :;o trj Ul CD ~ ~- H ., • 'i ~ ~ l"'1 '"i (") a:: z a:: 9 tJj s, ~ (") 0 °" ~ b "" t U) (') 0 ., ~ e ~ ::s " C: a a a0 ae"'1 3 0 ::, ::s ,, ~ e ... ... > ... (') 0 rn ::,- U) ... ::s 0 '< ::s ""' .. ~ 'X1 > .,... ~ ... :,;- ... "' I'll I'll I'll ti:, ~ s· > ... ::: ::s 0. ~ ... ~ C: s. ., ... ., ... ;.; I'll a 'O I'll ::, ~ oq ~ ;,, .. "' ""' n, ~ ... I'll ::s l)Q e '< ti:, 0 ... ... ::, ... n " 0. g ... <::;· <::;· s, s· s· __;· 0. '< ... ... ., llQ 'O 'O F' I'll e! C" .... ., I'll 0 s, I'll .v, 0. ;. n, 0 {I) >i {I) • L ) ....._ ,. L,, I J (,. d t ) i ,.. t 6 .... ~ g s· s:: D. ., IJQ Ci( 0 i:, ::, ~ ;. 0 ::,- E. 0 (") -=:., ~ n, g ::.· ~- ... ::, n, rn n0 n, "' "' ... ~n,.,n, ... C: - r .... ... "n e. 0 (') 0 C: ::, ... ~ 0 l)Q N I'll 0. �COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM,to-wit: In the Circuit Court of Rockingham The Grand Jurors the body of the Court of the Strawderman, aforesaid, said County, on the Miller, years, the to-wit, abuse, the Miller, ravish upon their now attending oath 25th day of December, feloniously present 1957, did make an assault a female age of five then December Term, Commonwealth of Virginia, County of Rockingham, Mary Elizabeth Elizabeth of the County, and there and carnally child years, under know, against that in the Circuit Kirby County body of one the age of sixteen and her, unlawfully in and for the upon the the said Mary and feloniously the 1957. peace did and dignity Commonwealth of Virginia. Upon the nesses evidence. evidence of Dr. Hertzler sworn in open Court and sent and Clifford Miller, to the Grand Jury wit- to give of �) INDICTMENT :jrJ~:>7 COMMONWEALTH v. Foreman A TRUE BILL KIRBY STRAWDERMAN 6?1/nt Charles E. Earman, Jr. Commonwealth's Attorney -~ �6, VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAH COUNTY,January 1958. Roy H. Mason, C. V. Grimes, Heatwole, J. Wilson Lee, came as a special grand B. T. Denton, jury, of Rockingham., and after retired to their derman; for having into felonies court their bills: Commonwealth v. Grattan bill as to each; them at this called at this time, term. A COPY. ATTESTE~ ~~Clerk, and the County the charge of the Court, presentments, and after the following in- Commonwealth v. Kirby Straw- Good; Commonwealth v. George Raynes and James W. Lineweaver, and having the grand day Dove; Commonwealth v. Roscoe Nor- man Cook; Commonwealth v. Russell true impanelled in and for and presented as true Sampson; and as to Crawford jury received room to consider some time returned dictments grand this term of the court, were examined, to law a special Clymer C. and J. L. Deter, summoned to this and with Roy H. :Mason as foreman, sworn according Harry R. Kaylor, jury c0mpleted the business is excused until not a before and unless re- ��6, VIRGINIA: IN TtlE CIRCUIT COURTOF ROCKINGHAM COUNTY,January 1958. Commonwealth On an indictment v. Kirby charging accused, Kirby county; requested upon, Strawderman, and said the court the said on advice The court and the of his then fixed said A COPY. ATTESTE~¥ accused for being to appoint without an attorney was appointed Strawderman said the comrnonwealth, came in the custody accused Donald D. Litten Thereupon, and, (rape) Strawderman This day came the attorney this a felony was arraigned counsel, of the sheriff counsel in his as counsel the 24th day of Febru ry next ~ Wlerk. -4- to jail. behalf, said thereaccused. on the indictment a plea of and having for entered was remanded and the of not guilty. for his trial, ��COMMONWEALTH vs. STIPULATION OF FACTS KIRBY STRAWDERMAN It is stipulated the FBI Laboratory he would testify (1) the shorts -!h-£ counsel were called that if an expert as a witness in this from case as follows: That there Commonwealth's of child's between panties, was submitted Attorney to said laboratory of Rockingham County, man•s gray shirt, a pair by a pair of men's white and a white handkerchief exl,,l,,Je.-/ 1,i eut/...enc..e... )e.jre.. . I:.._,. 1 CD ,., -l1u r 'f.. :!J-. fc l:;,-k-,r; I J J/ J>.. \2) That a chemical ana ysis of sefd articles of clothing of disclosed (a) the following: The presence of two small human blood grouping (b) on said of said The presence panties. (c) shirt white (d) (e) was possible. of human blood of said of stains and on said pair of blood pair on said of men's of a seminal stain spermatozoa on the fly men1 s white shorts. The absence of semen on said said of child's shorts. The presence panties, No Such blood was not grouped. The absence grey blood area of handkerchief. of stains in the crotch stains on said white m~•s handkerchief. of said grey containing pair of pair of child shirt, and on 1 s ��(3) testify said If that seminal said expert witness he was unable stain found were present to state on said the white length shorts he would of time had been present. \ arman, Commonwealth Attor -~~b~ Donald D. Litten Counsel for defendant �I I �COMHONWEALTH v. KIRBY STRAWDERMAN CHARGETO JURY If you find dictment, finement than the accused you will say so and fix in the penitentiary five attempted for of rape, his as charged punishment life, or for in the at death, in- or con- any term not less years. If you do not find fix guilty rape, him guilty as charged his punishment in the at death in the penitentiary for of rape but find indictment, you will o~ in your discretio~ life or for him guilty of say so and by confinement any term not less than three years. If you do not find said, but find so and fix exceeding Dollars, his twelve of either him guilty of assault punishment by confinement months, or by both If you find him guilty and battery, or by a fine such fine him not guilty, of the felonies in jail then for not exceeding you will a period Five - 7- say not Hundred and imprisonment. you will afore- say so and no more. �( �COMMONWEALTH v. KIRBY STRAWDERMAN I INSTRUCTION The Court evidence had carnal find further of the female constitute carnal jury that doubt knowledge him guilty The Court tration the beyond a reasonable Strawderman, you shall instructs that organ by the knowledge. in the the from the the prisoner, of Mary Elizabeth as charged instructs if you believe jury Kirby Miller, then indictment. that male organ the slightest is sufficient peneto ��COMMONWEALTH vs. KIRBY STRAWDERMAN INSTRUCTION NO. The Court instructs ant can be convicted was an actual prosecutrix 1s sexual jury 0- that before defend- the indictment, beyond a reasonable penetration the S ofA~.chargeclin Commonwealth must prove there the r '1- P Cl doubt to some extent organ by the defendant 1s the that of the sexual organ. ��COMMONWEALTH vs. STRAWDERMAN INSTRUCTION NO. I ( The Court is presumed that the instructs to be innocent presumption trial. allegation charged There the plea l of "not of proving is no shifting of this the evidence t rial • for it guilty" every land, duty an essential and binding of the jury every upon the of the beyond reasonable bur~en, innocence the of denies element as it doubt. remains upon The~a""c~used and if, after Commonwealth and the condefense, is your duty to , and yo u must acquit You are instructed that the presumption is not it am ere f orm to be disregarded by the but/is stage the whole trial. to prove his from thn woe h 1 him. every and puts and the accusea'·guilt required sidering in law the accused with which crime/he is charged and of the indictment the Commonwealth throughout is not that him throughout Commonwealth the burden crime jury of the follows Moreover essential the and substantial part on the • Jury in this to give the defendant of innocence jury oft case; at pleasure he law of the and it is the J.~ull benefit the of the presumption. The Court further or probability cient of his instructs the guilt, however to convict , nor is • it sufficient - /0- J·ury that s t rong, for mere suspicion is not suf~i- the greater weight �--.._,! �or preponderance the indictment, must be proved theory of the evidence but to warrant so clearly consistent with that supporting his the conviction there the evidence charge his in guilt is no reasonable upon which he can be innocent. You are further to be prejudiced point instructed by the inability out any other to~ndicate He rests his secure that guilty defendant is not of the Commonwealth to agent, own innocence the nor is he called by naming in the presumption upon the guilty party. of innocence until Commonwealth which establishes his is adduced by the beyond all reasonable doubt. - II- proof guilt �~, ) '. '' I ., ·' .) ' 1-;, �conMONWEAt H V • IRBY STBA' DERMAU IUS RUCTIO. NO. The Court instructs jury thet the the Com onwea th to prove that in ictme it 1 such fact the offense t wa committed within not nece·ssary however for beyond reasonable Jl..fr_,,_, the evidence ra!se was committed in a,-,t/ burden is on charged in the Rockingham County; the Common'w' alth th t to prov oubt but only necessary that C4n//incozJ a" I J said th I presumption County-. that the offense �.. 0 �COMMONWEALTH v. KIRBY STRAWDERMAN ----:: INSTRUCTION In considering burden the of proving Court whether the instructs "reasonable" nor its is founded on reason, or possible proved doubt, guilty or not the Commonwealth has met its guilt the ✓ of the accused beyond reasonable that you should not overlook jury meaning. A reasonable doubt and is not to be confused for beyond the imaginable, the word is a doubt with law does not say that every doubt, which imaginable a man must be conceivable or possible doubt. In passing upon the the jury must limit the trial of this its sufficiency consideration case, including ferences to be drawn therefrom. evidence to create find inferences of the doubt, proof to the evidence presented at and reasonable in- the natural The jury of the charge, cannot go beyond such nor can you go beyond such evidence to of guilt. the jury of e in mind dence, from fro any particular material and fact and nonessenti not a mer sta If, the evidence, prevent accused, If, sideration viction all after a reasonable and honest your minds are you from reaching then in such a state a convinced belief~of the Commonwealth has failed on the other of all the of the truth reasonable left consideration doubt. hand, after evidence of the charge, case, of of doubt the guilt to meet its an impartial in the of all as to of the burden. and reasonable con- you mve an abiding you are then satisfied con- beyond d✓ ~ -5;. . �) �COMMONWEALTH v. Kffi.BY STRAWDERMAN INSTRUCTION The Court evidence evidence, is further instructs just as legal provided that of such character of the defendant's jury anc}fu.aybe just the and force guilt the attending that circumstantial as effective circumstances as to satisfy beyond reasonable as direct proven the minds of the doubt. are jury �) �COMMONWEALTH v. KIRBY STRAWDERMAN 1 INSTRUCTION The Court nesses is a question the right the stand, sistency their ship to determine their weight that exclusively for the credibility the jury; from the appearance intelligence in the result which witnesses jury testimony, of the witnesses surrounding the manner of testifying, of their apparent witness other instructs their or lack trial, and the jury of the witnesses the reasonableness apparent candor if any, if the any/4.ppear, have on and con- and fairness, of intelligence, to the parties, of the of wit- the relationinterest of the and from all circumstances appearing on the trial, are more worthy of credit and what is the relative of any such testimony and to give credit determine accordingly. ��Commonwealth v. INSTRUCTION ---- The Court criminal instructs the case by a jury of twelve the minds in the Each individual a reasonable doubt his oath, should feel of the jury, convinced before consent the fellow jurors, defendant's in this ions juror case, simply convictions. doubt member of the in this should guilt it case, as is set is his because forth his beyond before he can, Each juror own mind should of the defendant's after such reasonable of the jury guilt if duly considered consultation in certain be Therefore, having duty not to surrender the baiance a conviction upon him as a member and after entertain before of guilty. jury, of a concurrance of guilty. that to a verdict the guilt resting realize trial must be satisfied defendant's beyond a reasonable evidence of guilt to a verdict and should upon the law contemplates the responsibility any individual all of the he can consent that conclusion can be had. under jury with his doubt of court instructions his own convict- entertain different �L J ���24, VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,February 1958. Commonwealth v. On an indictment Kirby charging accused, Kirby county Litten. Strawderman, and by his facias, twenty duly qualified ing the names of said heretofore from exception; twenty from the names of four D. Click, persons persons, L.B. Carr, Dwight Lantz, Justus Biller, K. R. Alexander, Brock, who were selected was handed accused according it Leon Awkard, Willard and truly try from the court the evidence room during on behalf moved the court beth Miller say, and Clifford ed, by counsel, the court to constitute and true on behalf offe for there- namely: Hawkins, E. Caricofe, the jury, heard of the witnesses, testimony and having to strike verof the a portion in his Mary Elizawas hear- completed the the accus- excepted behalf, of by counsel, the same, which motion by counsel, ed no evidence and case be excluded the accused, their A. make be- On motion of the commonwealth, and the defendant, having And having because sustained; twelve, deliverance in this commonwealth, Miller, struck at the bar and a true witnesses the evidence moved the court overruled And the accused of the the court of the evidence all contain- E. Simmons, and William the trial. to strike which motion hearing that of and found a list Westbrook to the law 2nd the evidence. was ordered writs to the attorney and the re!'!lain n as aforesaid of Donald D. who each alternately Ch rles and the sheriff under whereupon, tween the commonwealth and the prisoner render appointed, Roy S. Wright, Mervin Biller, who were sworn to well of the were examined by the court the commonwealth and the accused, Charles custody summoned by the sheriff persons and free for the commonwealth, came in the attorney And from persons venire dict (rape) Strawderman This day came the attorney this a felony thereto. thereupon, �', ) ) �the jurors received and having heard the written the argument their room to consi again ·nto court jury, find the accused ent, for and fix er their his the the verdict said of the verdict evidence strike verdict, guilty jury is contrary to support it. counsel, the evidence submitted 3. Because of error in instructions 4. the accused Because under the constitution; be assi said ned in motion, Wednesda~, and further February Hawkins, grounds. the court proceedings thereon 26, next; End the accused A COPY. ,£¥o/lerk. trial grounds Wh reupon, to set aside the and is without in failing to commonwealth. of the court a public foreman." 1. Because erred of the on such other jail. ATTESTE:zz~ in the penitentiary the court on behalf was not given and, riting. in the indict- to the law and the evidence 2. Because to "We, the moved the court on the following retired verdict: at confinement court, some time they came as charged Westbrook of the jurors and after of rape, (40) years. b the the following punishment accused, instructions of counsel, and returned a term of forty Thereupon, and oral given the jury. as guaranteed as may later took time to consider were continued was remanded until to �I ) I �VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,February 26, 1958. Commonwealth v. On an indictment Kirby and the accused, sheriff Kirby of this and by his And the court the accused made at a former dict jury, of the the accused, Kirby (r !)e) by c~unsel, came in the attorney having custody heretofore considered appointed, the motion aside the same, to which action excepted. And it bein of the of the ver- of the court inquired of said if anything he had or knew to sey why the court not pronounce sentence on him and nothing alleged in delay thereof, it incident penitentiAry hard labor to this of this in jail state however, a aiting is hereby order to allow the verdict b of the of 62 days, or the court Strawderman he be confined the term of forty to a credit on motion suspended of said for the said Kirby the Supreme Court judgment with and that offered the in the (40) years at jury, term said time he was held trial. However, tence for being considered of the said Kirby prosecution, in accordance to be subject, therefore is the commonwealth recover costs for the commonwealth, day of the term to set overruled Strawderman should the attorney Strawderman, county Donald D. Litten. the a felony Strawderman This day came again that charging of Appeals of this And the said a period of Virginia execution of sixty Strawderman of said Kirby Strawderman ~Clerk. sen- (60) days in opportunity for a writ to apply of error court. A COPY. AT·TESTE,f!$,"1:f-";~ accused, was remanded to jail. to to �\ ( ) \ �VIRGINIA: IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY FiledIn theClerk's Offic Rockingham County, Va. COMMONWEALTH OF VIRGINIA vs. APR,1? 1958 KIRBY STRAWDERMAN / NOTICE OF APPEAL AND ASSIGNMENTSOF ERROR To the Clerk of the Counsel for Kirby styled case hereby give notice case in the on February Circuit Court of 'Rockingham Strawderman, Circuit Court of appeal the defendant of Rockingham from the.order 1958, and set forth 26, County, in the County, entered the Virginia: above Virginia, in this following assign- ment of errors. (1) That the Dr. Hertzler, to testify Clifton Miller of the defendant. (2) Ressie made by the cured of the LAWOFFICES GEORGE D. CONRAD DONALD D. LITTEN ASSOCIATE victim, That the erred and mentality objection in allowing to testify instructions and exception the witnesses, Miller, defendant, of as to statements Mary Elizabeth of the Court Commonwealth's erred jury character the witness, over which error of the the was not Court to the jury such evidence. (3) the in allowing over the Miller, subsequent to disregard likewise Court and exception by the stri~rn Miller and Clifton alleged erred as to the and Ressie That the Miller objection Court in failing as contrary of which actions of the erred evidence in failing after and refusing to the Court it and refusing rested to set law and to the the defendant aside its case and the verdict evidence,to objected to all and excepted. �J �(4) No. 5 That the Court over the objection erred in granting Instruction and exception of the accused. First National Harrisonburg, Bank Building Virginia First National Harrisonburg, Bank Building Virginia Counsel for Defendant. This is to certify that a-true copy of the within Assignments of Error was served upon Charles E. Earman, Jr., Attorney for the Commonwealth, by delivering the same to him on April 17th, 1958. LAWOFFICES GEORGE D. CONRAD DONALD D. LITTEN ASSOCIATE �____,, �WRITTENSTATEMENT,IN NARRATIVEFORMOF TESTIMONYADDUCEDAT THE TRIAL OF THE CASE OF COMMONWEALTH OF VIRGINIA vs. KIRBY STRAWDERMAN February 24, 1958 (The narrative shows the grounds of objections made by accused) WITNESSES CALLEDBY THE COMMONWEALTH CHARLESW. HERTZLER (This medical doctor witness's were stipulated Being first examined duly That for the witness Miller Virginia. as a competent by counsel sworn, Mary Elizabeth at Bergton, years qualifications testified appeared old and was somewhat frightened. bloody. That her vagina accused) that he had 1957, in his on December 26, the child practicing office to be about five That her underpants was spread apart were and somewhat bloody .J'e,I' I tJc<J' but that there surrounding was no~hemorrhage. tissue accused on the unduly prejudicial was torn. grounds that he knew the laborer and always The witness injury at that." an outside something in his defendant Miller his testified to the That fingernails paid other than a penis that he did not That he based 1his opinion object the was a high moron. professional but on the injury medical op·nion 11 and a big one the vagina. beeause it fact would not cause testified that bruises was by was so remote, a second of the the That there might have been caused such possibility give to was a day have been done by a finger that That a penis Mr. Miller Mrs. Miller or cut and was permitted was done by a male penis couldn't possibility that of the was immaterial that in his would have scratched opinion, bruises. bills; and the and exception the witness family, that child it Over objection such testimony to the testify the that That the hymen was torn consideration. complete absence whereas of a "ha:a.d" would bruise. RESSIE MILLER Having been sworn, Elizabeth Milllr. That the Christmas Day, 1957, the child accused is five she is the years came to their -yj- old; mother of Mary that home about on 12:00 �) ) .., �Noon; that ·he asked candy and that accused child let permission permission to take the was granted; and "had something against that him"; were gone from one to two hours; the child back in the out of his was then that the asked whether ment as to what had occurred on the grounds that come within was taken she did not that car and that the some like accused the and the she saw the accused accused did not come and counsel such statement for the for the objection chambers so that statement was, if it that developed in fact, by its admission. ..,. defendant excepted. asked hearsay The Court objected hearsay to the hearsay and the defendant accused would constitute any exception up in chambers, Mary had made any state- rule. and The matter was overruled, and e../"..J' \Ntl-n counsel to get her house. The witness did not child the i:1 i:Ef be examined on cross-examination the jury refused in that said would not be prejudiced to grant this motion and - tinued and the witness ment that panties her, legs. that that of the witness the child she found That the child That the reason con- had made a state- blood on the was taken she wasn•t then taken child's to Dr. Hertzler sooner was because was no means of transportation. On after day. examination testified Kirby had hurt and on her the next there Direct cross-examination she interrogated that the child for the accused by the child disregard the witness Mary as to whether made an affirmative the recited testified Court then by the witness all it was only Kirby had harmed her answer. struck that Upon motion of said and instructed of counsel statements the jury made to such statemeni:$. CLIFTON MILLER Having been first Mary Elizabeth Miller. sworn, testtfied That he lives that he is the father at Fulks Run, Virginia. of ��That on Christmas to his home to visit. witness child and that to get occurred. took the on the come within me. tr that came back about wrong with the doorway for then the that he did not know whether the statement of the child and did not was per- 11 that Kirby hurt was crying. that she stood he did not just the and found blood girl was questioned and, the testimony Court, inside the jury anything; on her legs; or not upon motion of the witness and instructed coming accused the witness testified that That child hearsay rule child child the she made such statement, struck 1:30 p.m. of the her mother the permission, to ha 1f an hour with out saying examined then told child; his the accused, constituted the witness that before wife and exception child 15 minutes with his and was awakened by the say that examination see anything accused, to the hearsay the not out of the way had ever the such testimony That he could On cross nothing objection came home and took the the any exception to testify came to the child defendant was a nephew of the occassion Over the that defendant often had been sleeping room. 12:00 Noon the and that and that grounds mitted defendant candy etc., the child about That the That on this the witness into Day, 1957, of as to the to disregard it. W. A. SPITZER Having been duly of Rockingham December 27, Strawderman County. 1957, Timberville operated testified at 10:30 o 1 clock That the by Benny stated Day around and fold that That he arrested and the accused home on Christmas some candy. sworn, 12:15 accused the ener,,,1/y rrAand and ore candy bar and that stated he is a Deputy Kirby a.m. that Strawderman Sheriff on That he interrogated he had been at the Miller and had taken the child they went to Dove's to get store store in closed and then went to a)store 4 k ,.,, kh·,.._;h•,,., ~,,.,+-y got two or th.Bee bottles of coca cola l:,,,ow'J the girl had been in his sight all �'' �that time and hadn 1 t gotten and that they accused's never underpants same underpants into and the Highway 259. accused from the accused the molesting State car or out of his stated he had worn on Christmas a handkerchief goes left out of the State or having 1s intercourse That he took the that Day. with they were the That he removed automobile. of West Virginia. sight Tb.at Route 259 That the accused denied the child. STIPULATION A written was entered if into an expert witness stipulation, between a copy counsel from the F. B. I. he would testify which is attached whereby it Laboratory to the facts was stipulated were called therein hereto, that as a conceded. WITNESSESFOR THE DEFENDANT The accused offered The foregoing testimony Virginia 22nd, adduced vs. 1958, Kirby and is written no evidence. statement, at the trial Strawderman, of the in narrative case was tendered form, of of Commonwealth of to me on April ��The foregoing testimony Virginia my office adduced vs. Kirby on April written at the statement, trial Strawderman Ya of the in narrative case was delivered , 1958. Virginia form, of of Commonwealth of to and filed in �..J �vs. KI.Y MD I i ·i ul · wer e t e r .. e (1) 0 " or the . itte gr y 24th ... l e ( ) ·J.Inan lo _upi;ig (c) of bloo i t h a c-uc bl • ·h a ence of was po pi w 0 io 1 l • ehil 0 ' • od on sa1 bl ia p ir o 0 r. roup not ot o n blood f'h tairu3 an me ts horts. r ) on th it t .... I; e , 1 mi tin l ly of s i .i. cot pair in 0£ orts. n f 'J. p tain or sal Cl' 1 before or _rticle mall ce of st i (e} o:r on s 1 han'kerchi 2n ,. it 1 w te n' of in evidence 1958. of t o ~ pr s (b) ar .• ollow pres nc 'l'h , 1 of February~· pe1 unty,_ ' ..arc • .1 :r eY.hibited ,. tory by labor C ,_ jury (2) to s 1 or h c se .• llo• l,, th a witn se 1n thi 11 fro .p r t _l eoun b 1 gre-, 0 1 ' whit n rc ief. 1 1r o ch.11 irt,_ an 0 • �) ..:01ed e!).neblve· 0 £Li: bed".td.i:rixe • )~~1 .... } f.. t e • J ) f t r �(3) testify If • r that sa1 • semin l resont e t&in fo on pre ent. /s 1 w ite he would J. ort b n ��COMMOt~iEALTH OF VIRGINIA vs. KIRBY STRAWDERMAN Be it remembered, 24, February 19.58, that at the ~@,;frft3Uwr◄itilg trial tended the to reduce guilt Attest, certificate, within grounds instructionAwas burden the '"}y- 60 days of final degree day of April, same having that the on on behalf of the instruction on the Commonwealth of establishing of the a~cus:_~ below the this given and exception of the objectionl::eing the above case #.S- of the Commonwealth over the objection accused 1 the of the required by law. 19.58, to the above been tendered to the undersigned judgm~. Ju~ Circuit Court of Rockingham County, Virginia ��VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY COMMONWEALTH OF VIRGINIA vs. Designation of Parts Record to be Printed of KIRBY STRAWDERMAN Pursuant (b), (c) and (d), above captioned 1. to the provisions the following criminal parts case Indictment of Rule 5:1 of the record returned by the grand with return /4..),<-<6 2. of facts "Stipulation /JI The stipulation omitting therefrom at the trial including case, "Instruction 5", 4. 5. therefrom of exception The verdict of the Notice attached side, page 2. between by the Court the I to the jury, caption and of court ~ on February "Notice 24, 1958, page 18 Court I of Error, omitting of Appeal and / page 21. in Na I:Tative therefrom thereto, the carbon pages Form of Testimony copy of the stipulation 4 23 to 27, inclusive. MAY?~1958 GEORGE D. CONRAD DONALD D. LITTEN Counsel ASSOCIATE - JI- for Kirby Strawderman 1 ; 1/-z- ¾ on February Filedin the Clerk'sOffice Rockingham County, Va. LAWOFFICES I page 17. by the Circuit and including jury page JO. of Appeal and Assignments The "Statement Adduced •. " excluding at the and including therefrom entered 7. 8. into to such instruction, The Order entered of Error", on reverse page 13, and certificate 6. Assignments of facts omitting Order of Court the caption jury entered the caption No. 5 given Instruction of this as to saving in the page 5. of Facts", ~:JO 3. 6 are to be printed. December Term, 1957, together counsel, Section ��Due and timely parts LAWOFFICES GEORGE D. CONRAD DONALD D. LITTEN ASSOCIATE of record service to be printed of the foregoing is hereby designation accepted. of ��VIRGINIA: IN THE SUPREMECOURTOF APPEALS OF VIRGINIA KIRBY-STRAWDERMAN Plaintiff in error, Defendant in error. v. COMMONWEALTH OF VIRGINIA DESIGNATIONOF ADDITIONALPARTS OF THE RECORD WHICHDEFENDANT IN ERRORWISHESTO HAVEPRINTED To the Clerk of the Supreme Court of Appeals of Virginia: II Pursuant to Rule 5:1, of Appeals of Virginia, counsel, hereby it wishes §6(b), of the Rules of Supreme Court the Commonwealth, Defendant designates the following parts in error, of the record by which printed: Instruction Print All of Pages 10 and 11. No. 3. COMMONWEALTH OF VIRGINIA, Defendant in error. John W. Knowles Assistant Attorney General Of counsel for Defendant in error. September 17, 1958 Supreme Court - State Richmond 19, Virginia Library Building I hereby certify that I have this 18th day of September, 1958, mailed a copy of the above designation of additional parts of the record to be printed to George D. Conrad, Esquire, Attorney at law, First National Bank Building, Harrisonburg, Virginia, Counsel of record for plaintiff in error. . Kno Assistant Attorney General I �,.. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Kirby Strawderman Subject The topic of the resource Felony Rape Description An account of the resource defendant charged with felony rape Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1958 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_019_009 Strawderman https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_008_commonwealth-v-kirby-strawderman.pdf fd280a45aeda87ce83e1bdcb64286224 PDF Text Text ���������������������������������������������������� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Kirby Strawderman Subject The topic of the resource Felony Rape Description An account of the resource defendant charged with felony rape Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1958 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_019_008 Strawderman https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_010_commonwealth-v-lacy-m-halterman.pdf 9368fccca1e05acbce25b6bf1e4674fb PDF Text Text . - ��G. H. Parent Co. Ashland. Va. F orm N 777 o. ~Q::::_::~-~~f_:~-~::::~~----l t~wit, Circuit In the said Court of April county Circuit , now attending the Court of the said of county LACY M. HALTBRI N upon their oath present that or about 9th day of within twelve months prior to the finding of this indictment, to-wit, ontfhe , in the year one thousand said county, the said shoot with did and wound with disfigure, him, the disable, unlawfully, a deadly said nine undred make an assault , feloniously Clyde Bishop, intent rs54 County The grand jurors of the Commonwealth of Virginia, in and for the body of the Rockingham Term, to-wit: Clyde Bishop, f'our then and maliciously a .22 caliber and there and kill, Deputy Warren Spitzer and Clyde Bi shop, witnesses sworn in open Court and sent to the grand jury to give evidence. did pistol, to maim, against the peace and dignity of the Commonwealth of Virginia. Upon the evidence of and in the on one C1yd e Bi shop and him, feloniously, weapon, I'ii'ty and �INDICTMENTFOR A FELONY ( l ALTH George D. Conrad Commonwealth's Attorney 7 /-3 () Foreman. .I..AL;y__M_.__H.ALTERMAN. -------------- vs. COMMOJ{WE �Commonwealth v. Lacy 1'.. Halterman CHARGETO JURY If you find of wounding charged his accused, Clyde A. Bishop in the Lacy M. Halterman, with indictment, punishment a period the you will by confinement of not less malicious than guilty intent, as say so and fix in the penitentiary one year for nor more than ten years. If you do not as charged unlawful and fix for him guilty in the indictment, wounding as therein his punishment a period years, find or, of not in your exceeding twelve five hundred dollars. If you do not less find but find battery, as further charged say so and fix jail for a period fine not exceeding fine and imprisonment. no more. his not him not hundred guilty, not of either him guilty exceeding say so penitentiary exceeding of the of assault by confinement months, dollars, you will five in jail indictment, twelve of nor more than and by a fine punishment five you will by confinement in the wounding him guilty in the one year him guilty aforesaid, you find charged, than months will find by confinement felonies If but discretion, not of malicious and then you in or by a or by both say so and such ��Commonwealth v. Lacy M. Halterman INSTRUCTION_/_ The Court every person charged is established and this instructs and they are of innocence case, instructed doubt as to any fact against defendant and applies that relies a reasonable reasonable to excuse from their grounds which resulted him not guilty. that 1--lf-F ✓ J/ Al where the him, the burden or to at least of all by reason of that the jury it must appear that is raise the groun in from the believed, and had at the time he fired the shots in the wounding of Clyde Bishop, imminent danger of death ~- instructs Lacy Halterman, to believe, to prove the consideration doubt of his guilt the accused, thereof; duty to give the the jury and the Court further that essential such defense self-defense, doubt, they have a reasonable is ·their instructs to establish to establish evidence his guilt to every stage of the doubt and find in the minds of the jury order it upon self-defense upon the accused of defense, should the defendant, The Court further evidence until goes with the defendant or circumstances the benefit prisoner the law presumes by the Commonwealth beyond a reasonable the entire ch~rges that with crime to be innocent presumption through the jury or serious bodily harm. that he was in ��Commonwealth v. Lacy M. Halterman # INSTRUCTION The Court instructs the the Commonwealth to prove doubt of an offense against or beyond all satisfy accused the accused the guilt possibility the jury that is guilty the burden resting guilty thereof beyond all element does not mean that Commonwealth to establish than that and every material the accused, certainty jury it reasonable thereof, charged is necessary for the of the accused of mistake upon the evidence beyond all upon reasonable to an absolute or to do more as a whole the doubt. �... �Commonwealth v. Halterman INSTRUCTION The words instructions of this Court, mind which, after the evidence, leaves "reasonable A-+ doubt II have been defined a full comparison that the defendant as that state and the defense, of the jury in that condition say that they feel an abiding as used in the and consideration both of the Commonwealth the minds in the case, NO. faith and belief of of all , that they cannot from the evidence is guilty of the charge. �.. �Commonweal th 3 Instruction v. Lacy M. Halterman Any assault to main, or wounding disfigure, of self disable defense, wounding, within the meaning sence with of malice the if not of the weapon, wounding charge to the a malicious or an unlawful assault or wounding same intent, depends upon the accused at the of sudden passion of the ground jury. or kill, part intent on the disable on the with justified a malicious between to maim, disfigure, or wounding, a deadly or kill, must be either The difference intent with and an unlawful assault presence time with or ab- of such wound- ing. If ficient ful committed provocation wounding; anger oenoting with otherwise, an action duty and deliberately plain done intentionally because state have been heart lost intentional or malice, the infirmity the wounding but has been or as here with imputable 11 heat motive, done as of social means a wrong act as applied the mind of a man who, a sudden deaf to the although the absence upon grave - 1 - not motive, regardless rage or extreme voice the result to human infirmity. done in hot blood include of passion", was not and the used or excuse. so that it an unlaw- such circumstances Malice imply rendered of death, is and corrupt inciting control, of human nature is cause wounding, it on a suf- and unjustifiable on mischief. provocation, to self 11 malice of a heart su,dden passion" of excltement, 11 attended 11 of unlawful combat, from any wicked just arising wounding. unlawful indication bent of some grave and becomes and every without The words crime 11 mind and purpose, in them the to the but flowing carry of mutual a malicious 11malicious and hatred an evil heat or in the heat The words only in the of reason act done might of a wicked In so recognizing of genuine provocation, malice the when law �+ r ·,91/, .. r l ..... I ,. r • ·1 r•l .. ' . ,. r 'J '! ~ ·.r. j" l ~ JJ .., b°) ('tj 0 ,11 f . r r- r L F .1 .,., + t ( ~ p. ~ '-'· e t J- 'l E' • + ... • .. ( ,.., r. f l e t t ~ i:( t , ," . J f!< Jr '- t ,., '! :t n: .l re p J ,'f_ I ' -· '), 10 .J. ,.c() ~ .. ,., ~, "' t ,_ [ r ! e 'J t I"[ "·. r r; 3.L 11 .. I •t L tv ;'!eV ) ,, " r I O'I .. ,_ t , ,. < .... ,... _, , r ,r ,_ ;.,J 't r rL r L < . ~ , Cl ( .:, . ·.J j ') ,J ' rr: r,• " . • Lr 1. r r \ l ~ J , t [ B'l ~ r .fI "' -A [ ·- j ') " C\.., i .. ., •< . ) ~ '1 ,... r t �Com'th v. reduces ful Halterman the grade wounding. excited under of While by a great effect taking law by another, into except assault the law from so far it in lawful for as to of an act right exercise or to 1 human passion allow it excuses avenge of his the done a man for a wrong right d. unlaw- of violence or wholly to concl wounding ard combat justifies own hands the re excuse never his malicious has or by mutual or partial influence, the the wrong of mitigation its "3 Instruction of done self defense. Even emotionally on receiving unmoved, is self control, maintains his adversary with he is guilty the a deadly of malicious still gravest provocation, conscious but weapon, of the nevertheless otherwise woundin, - 2 - with if voice wilfully than intent in a person of reason wounds defense to main, is and his of himself, &c. �+ [! J o I ') V ,. I ( .t l e 0 I rl j j"I ( . [ ' rr �Commonwealth v. Lacy M. Halterman INSTRUCTION The Court instructs malicious shooting proved, shooting, malice with a deadly of disproving on a charge of is presumed from the fact of weapon, and when the shooting is and is unaccompanied the burden accused. the jury that by extenuating malice circumstances, is thrown upon the ��Canmonwealth v. Lacy M. Halterman j INSTRUCTION The Court instructs evidence that Bishop threatened the jury that if you believe Lacy Halterman with serious harm and that Lacy Halterman had reasonable such threats would be carried into execution, had the pistol bodily grounds to believe he had the right arm himself for his own necessary self-protection, no inference from the that to and in such case of malice can be drawn from the mere fact the accused in his immediate possession. �c.. ... u C, C. "I C, T .-r C .,. I .. Gf r �Commonwealth v. Lacy M. Ha1terman INSTRUCTION The Court dangerous intent weapon, instructs evidence cursed that that object another and acted was assaulted he was not compelled but could stand that necessary to retreat necessary from the he angrily manner toward and had a right to repel to use all said from the said Bishop, his ground and use such repelling reasonably calculated and if you believe in a threatening as to him seemed reasonably appeared manner, with the Bishop had in his hand a knife, the defendant assault; the use of any under circumstances is an assault, him, then the defendant force that in any angry or threatening to alarm or strike to affect the jury force for his own protection. as �L �Commonwealth v. Lacy M. Halterman INSTRUCTION+-The Court instructs defendant within had the right striking do bodily ends, instructed that instance, apparent further believe Bishop had abandoned such danger existed then the accused's or apparent, malicious JI ;J 5;. gun, yet if you on the accused, with the consequence in actual danger apprehending or that that when he shot and wounded Bishop, act was not upon any necessity, or unlawful 1-'lf-J ~ and ends from the ev- the attack ground for and you should find No. begins or beyond a reasonable or escape was no longer was no reasonable to kill to shoot him may have been from the evidence, the accused have been in the first when he drew his to flee which the you are further you may believe and the necessity and was attempting there connection Bishop was the aggressor doubt that that the right where the necessity although to accused a force must itself and that and in this that that to resist distance harm begins where it idence the jury him guilty wounding as defined real of either in Instruction �( " G .- I ,. L �Commonwealth v. Lacy M. Halterman INSTRUCTION L The Court danger, if any, of the shooting reasonably in~ructs you will instructs judged by facts consider Halterman to him and not by any intention in the mind of Bishop. was exposed at the time as he could reasonably and circumstances upon the as they and draw such conclusions as he was at the time; you that in passing the circumstances to the accused from those circumstances Court that to which Lacy Halterman appeared did draw, situated the jury have drawn, and in other is entitled words, the to be tried and as they reasonably that appeared may or may not have existed �• I I �Commonwealth v. Lacy M. Halterman INSTRUCTION L The Court instructs witnesses is a question have the right witnesses ness and consistency their the relationship interest appear, testimony, intelligence and what is the relative accordingly. their surrounding which witnesses of and the jury of the the reasonab apparent igenc , if any, the of the trial, circumstances if any appearing are more worthy of credi weight of any such testimony, e- candor or lack of intell to the parties, in the result other determine for the jury; manner of testifying, of the witness and from all give credit their apparent the credibility from the appearance of their of the witness on the trial, exclusively to determine on the stand, and fairness, the jury that and to �I' �Commonwealth v. Lacy M. Halterman INSTRUCTION The Court from the the said against threats each with jury the armed that a reasonable M. Halterman, a pistol, when they attacked the beyond Lacy one Halterman that evidence accused, threats instructs other, and that himself against the Halterman with said at just as public ing in Bishop knife Bishop accused being cannot complete rely defense, malicious wounding soon wounded upon and must as by the the law of be found or unlawful that because the with other, a knife, and Bishop began was able, accused, then self-defense guilty made of and Halterman each both Bishop highway, _,. shooting you believe doubt and Clyde and Bishop met near if of resultthe as a either wounding. I 7-t-Jf II✓ ��Commonwealth v. Lacy M. Halterman _J_ INSTRUCTION The Court from the evidence had threatened instructs that before to beat or ki 11 Lacy Halterman, had been communicated further believe act the shots from which Lacy Halterman to execute him some serious bodily under the reasonable prevent the said that that such and if they Bishop did some overt could reasonably threats Bishop at the time of the were fired harm, and that belief if they believe and that to Lacy Halterman; from the evidence and before was about that the time of the shooting, threats encounter the jury infer by killing that him, or doing Lacy Halterman such shooting Bishop shot Bishop was necessary Bishop from ki l 1 ing him or doing him some grave bodily harm, then the jury must find REFUSEDAS COVERED BY 7t~I_ H__ __ _..;.j_,t/'. __ J __ Lacy Halterman ://:6 Judge Ex. not guilty. to �I , �Commonwealth v. Lacy M. Halterman INSTRUCTION~ The Court instructs evidence that Bishop threatened harm and that lacy such threats himself lacy Halterman with serious Halterman had reasonable would be carried from the bodily grounds to believe into execution, he had the right that to arm and Ju/.such case no (>let"C 4Ll" h, h. J'J of malice can be drawn from thet\facttrie"QP&p&P&Elfo,t i:;f;.. for his own necessary inference ln the jury that if you believe h 1 .,. , self-protection, rn f'Yl-L d, ~ /..e.. ( tJ .r.f'J.ll cl v -.!'1 e>/J . / ('-lo �(, ~ , (, (., I.., l L ,J J l c; (, ... , u C .) i.. • ,J .r f ., C, C ' v T �Commonwealth v. Lacy M. Halterman INSTRUCTION The Court may believe attempted further instructs from the to attack believe the jury evidence the from the that accused evidence that although you Clyde Bishop with a knife, beyond if you a reasonable w~unJ,Y1-1J / .,, / ��Commonwealth v. Lacy M. Halterman _L INSTRUCTION The Court presumes every his guilt doubt, through charged is established and this case, instructed as to any fact the benefit that the law with crime to be innocent of innocence and applies that or circumstances the defendant, the jury until by the Commonwealth beyond a reasonable presumption the entire and they are against person instructs it should to every of the doubt and find stage thereof; they have a reasonable essential is their goes with the defendant doubt to prove the charges duty to give the defendant him not guilty. �r '• �Commonwealth v. Lacy M. Halterman J,;: INSTRUCTION The Court resting upon guilty beyond every material accused, the the or evidence beyond all jury that the burden Commonwealth to prove the accused reasonable element not Commonwealth mistake the all does an absolute instructs to establish do more as thereof, mean that certainty to doubt a whole reasonable charged it the the doubt. an offense necessary guilt of all satisfy accused and against is or beyond than of the the for the accused possibility the is jury guilty to of that upon thereof ��Commonwealth v. Lacy Iv.• Halterman INSTRUCTION The Court malicious shooting proved, instructs shooting, with the malice a deadly the burden upon the accused. that is presumed weapon, and is unaccompanied stances, jury on a charge from the and when the by extenuating of disproving malice of fact of shooting is circumis thrown r .. ��Commonwealth v. Lacy Halterman ri. 4 INSTRUCTION The Court instructs applied to case may be either only this hatred unjustifiable from been or in symptoms and of regardless for any into or at the social is not existence any time at every meant circumstances with them duty, plain length of time and of the reasonable every evil the act ordinarily of bent wounding a heart upon shall it has spirit, indications malice time without that and implied malignant that previous. unlawful or and fatally It not as are necessary the sense. law is and as includes done in is depraved particular It act Malice a wicked, of It a technical but cruel such malice may be inferred and by it with carri~s chief. It exuuse. that implied. and general; attended in and revenge, deliberate provocation jury used or motive. any design is express anger, the mis- have may first or injury, existed come ��Commonwealth v. Lacy M. Halterman INSTRUCTION The Court from the doubt, instructs evidence that the in this figure, jury disable should wounding, believe the intent, the evidence maliciously, disfigure, disable or kill, in the tells indictment, the jury and unlawful absence guilty in which that the wounding of malice. depends the then the if the jury was done un- intent jury wounding, connection difference Bishop, but act with of unlawful un- of malicious indictment; then and to maim, dis- guilty the shot and there, Clyde that but not defendant you believe a reasonable then said in the lawfully, the beyond defendant as charged from the if and maliciously or kill find that Lacy M. Halterman, with feloniously jury case, defendant, wounded Clyde Bishop lawfully, the the between to maim, should find as charged Court further' malicious upon the presence or �j �Commonwealth v. Lacy M. Halterman INSTRUCTION The Court dangerous intent weapon, evidence cursed that that the jury object another him, then the defendant was assaulted but-might, repelling protection, he was not compelled in his turn, force necessary to retreat reasonably even to the taking that manner toward to repel to use all said from the said Bishop, -and use such necessary of the life from the he angrily and had a right become the assailant, as appeared calculated and if you believe in a threatening as to him seemed reasonably with the under circumstances is an assault, and acted the use of any manner, Bishop had in his hand a knife, the defendant assault; that in any angry or threatening to alarm or strike to affect force instructs for his own of the assailant. ��Commonwealth v. Lacy M. Halterman INSTRUCTION The Court J from the with serious instructs evidence that bodily reasonable grounds be into carried himself for his Bishop harm to and believe execution, case no inference mere fact the accused jury that that the had threats would right self-protection, of malice can be drawn pistol Halterman Halterman such the you believe Lacy Lacy he had had if threatened that own necessary such possession. the 0- A in his to arm and from immediate in the ��Commonwealth v. Lacy 1,i. Halterman INSTRUCTION The Court may believe attempted further from the to attack believe doubt that ing to flee then instructs Bishop malicious No. 5. jury evidence the from the find or unlawful that that accused accused wounding a knife, beyond you if you a reasonable such attempt when he was shot the although Clyde Bishop with evidence had abandoned or escape you should the _2._ and was try- by Halterman guilty as defined of either in instruction ��,...> Commonwealth v. Lacy M. Halterman -.f1-If INSTRUCTION The Court instructs danger, the jury that in passing upon the if any, to which Lacy Halterman was exposed at the time of the shooting, you will and as to whether Bishopl'B.d abandoned his attack, consider the circumstances accused and draw such conclusions reasonably have drawn, situated the Court instructs judged by facts and circumstances appeared to the from those circumstances as he could as he was at the time; in other words, you that Halterman is entitled and not by any intention of Bishop. as they reasonably if any, to be tried as they reasonably that may or may not.have and appeared to him existed in the mind �0 T f 0 l, L L T J (, J l, (, ~ .) • .JO l. (, C u.J r C C v C �Commonwealth v. Lacy M. Halterman .if) INSTRUCTION The Court establish self the accused, grounds defense, instructs it must appear Lacy Halterman, to believe, the jury believed, that in order from the evidence that and had reasonable at the time of the wounding, in imminent danger of death or serious to bodily that harm. he was �I I I �Commonwealth v. Lacy M. Halterman INSTRUCTION The Court instructs of witnesses is and the have jury appearance of testimony, their apparent the relationship the interest any witnesses the the determine on the trial, of credit of any testimony, witness all to in the other determine and what and to give for the the their and of manner of fairness, intelligence, the parties, result of surrounding the jury; consistency which is credibility from candor lack the stand, and or witness and from more worthy such to apparent of on the that reasonableness intelligence of jury exclusively right their appear, appearing the the their if a question the of testifying, the // if the trial, circumstances witnesses relative credit any, are weight accordingly. ��- f " - Commonwealth v. Lacy M. Halterman INSTRUCTION / The Court indictment may find in this instructs case, the jury if warranted one of the four following ~ that under the by the evidence, verdicts, l} Malicious 2) Unlawful wounding or injury; 3) Assault 4) Not guilty. to-wit: wounding or injury; and battery; you �- ----~ _:) - �~ (.) ~,f;{/q_g,, ----~~ / ~ ( ,/0~-,U__ I .... �-- -- ------ �COMMONWEALTH EXHIBIT • Case ~o.Gt}M, V, #lfl,r£R/>'11,,# J{._ _ ~JJJ%L ATTEST:.. C. OVERTON LEE, Court Reporter /(,,, . _/ . ..... ..... .. JUDGE ��STATEMENT My name is Lacy M. Halterman. Virginia. I am 33 years of age. My address is Fulks Run, I have been told that I need not make this statement unless I desire to do so; that everything I say must be of my own free will, and that anything I say can be and will be used against me in a criminal prosecution. I have also been told that I am entitled to counsel. Nevertheless, I do make the following statement voluntarily this 10th day of March, 1954, in the office of the Commonwealthts Attorney, Court House, Harrisonburg, Virginia in the presence of Deputy Warren Spitzer. The Bishops came to my place around the 22nd of November, 1953. There was Wilbert, and Clyde, Clydets wife and daughter, Bernic~,_age 10. They said they came from Pennsylvania. I needed somebody to cut some timber but told them I had no place for them to stay except the feed house. They looked it over and said it would do until they could get something better. I bought them mattresses, etc. at a total cost of around $100.00. They worked a few days and kept asking for money, money, money. I gave them some money from time to time until I got to the place where I figured I had given them more than I owed them. The agreement was that they were to get paid something from time to time until the timber was all cut and then we would make fina1/-;;, settlement. µ After the 9th of January, 1954, I had paid Wilbert $15r.oo and he went away. Clyde stayed on with his family. I had a goo idea as to how much timber had been cut and after Wilbert went away I figured something was wrong. Clyde asked me for money and I told him that I had paid him about all that I owed him. He got mad and pouted around for a day or two and then he was alright again. ~~ -;:,Jm}} One day I told him that I was going to e awayf':.nd for him to spread the manure from the chickm ous worked there for awhile and went on out to some UOXllOe(t'. He cranked up the tractor and in doing so he gbt hit on the head with the crank. I heard about it at the store when I got back. That evening he came up and wanted me to take him to the doctor. I said "All right, Clyde, if you got hurt in the chicken house, I wi 11 do it. 11 {!-.file got mad again; this was on a Saturday or Sunday. ( about two days afterwards )---n.MJJ. Late:rj.,•he came back and said he thought he was getting blood poisoning.. I took him to the doctor this time and the doctor said it was just sawdust causing it and that it wouldntt be necessary to bring him back. O -:~and pay the you., pay the bill, bill. I will otherwise ,1. • '---7 i"'·"' take you .11Poi½,)h~ to the doctor and f-V {~ i �'- r " J J 0 " ·'- ,; Jc, " G C (_ " ( l .J .J _._ J•r :..J - ~ ' ~ " . .L j L J -;\ " • 1 j �Statement--Lacy March 10, 1954 Page Two M. Halterman That was the last argument we had until the 4th of March. I wanted to go up to Batterman's where they were showing some farm movies and had to get some things in Harrisonburg anyway and told Clyde he could go along or stay and cut timber. He said well, he thought he would ride along. I had to go to Stickleyts I remember. We both went down town and when I got back he was in the truck waiting for me. We went on to Battermants. I remembered after I had been there awhile that my wife had tola me to ~.ring some feed so I got on up and went out; I couldn't find Clyde and since he had run off like that once before I went on without him. I stopped later at the store where I usually deal and then he came in, just a-rearing. He said "I will fix you, you knew I wanted to come back with you, you ran off on purpose." He 11 kept calling me names after- that for a couple of days; liar 11 and names like of that. I got tired of it and told him he was fired and would have to leave. He said we will have to make final settlement. -::,-1' /J ~'"after looking for him twice.~ &f'tJfr I came up to Lawyer Wharton and we fixed up the stttlement. He didn't like the settlement and I got papers to serve on him to move and not to trespass. He scared me--aaid "I will get you" "I will show you something you have never seen. 11 This was before tf/,n)lthe papers were served. -;:;-Jj,,,}f ~ 1 ..tA..\she,....in- raw' s (]l" ~------....._ w~fe was afraid and~~ went up to my mother,i place in ~, s u , on March 8, 1954. I knew the chickens had to be fed and Tuesday evening (March 9, 1954), my bDother-in-law, , Burlin Dove and my little boy, Carl Lee, went down to feed the chickens. I told my brother-in-law to keep his mouth shut if Clyde stRrted anything. /ml: I started into the building where the Bishops were staying and went in there like I always did. Clyde said "the sheriff was here." I told Clyde I didn't want any trouble, that I was going to feed the chickens and go awayo In the presence of my brotherin-law he said "I am going to fix you. 11 11You didn't pay me enougho I said that I was satisfied with the settlement. He said "the first time I catch you off your place I am going to fix you." We went on then and fed and got in the truck to leave. Moyers I thought about my neighbor, Raymond MNFFix, and that I ought to tell him to be careful. I went across 259, parked the truck and went in to Moyers•. When we had left my house, Clyde was in his compartment. I told Raymond about the trouble and 11 �J . C (_, '1 \... 0 J () r ..: �Statement--Lacy March 10, 1954 Page Three M. Halterman warned him. My boother-in-law and my boy were in the truck. Then I saw Clyde coming and told Raymond I had better go--that I didn't want any trouble. I started to the truck which was out in the road. I was right outside Moyerts house in the lane and Clyde caught me. He said "you dirty son-of-a-bitch. I caught you off your place. I will fix you." Then he made for me. When he got about a foot or a foot and a half from me I saw that he had a knife. I jumped back when I saw it and grabbed my pistol out of the holster and shot at him--how many times I dontt know. When I saw he couldn't hurt me any more I stopped shooting. When I shot the best I know he was still coming towards me. I was very excited and donit remember too nruch. After I shot he turned and blundered a couple of steps before he fell. I looked at the knife which he still had in his hand. I said "you were going to get me with my own knife." I recognized it as one of mine which had been missing for some timec When I said that he threw it away from him. I made sure nobody touched it after that until the sheriff came. I had gotten my pistol when I was at the house just before we left for Moyer's. It had nine cartridges in it. I always kept it loaded. It was in a holster which I put around my waist. I also put several loose cartridges in a bag in my pocket. I had gotten a mandolin also to take with me back to my mother's place. The shooting took place about dusk. It wasn't too dark-it was light enough for me to see the knife he had when he got close to me. After I shot him the only thing I heard him say was "I am dying." knife. thing. are I did it because I was afraid. I am deathly afraid of a I thought he would get me and I have a family and everyI have read the true and correct above statement and the facts to the best of my knowledge. 41n,~ WITNESS: stated therein �1'\ �.DEFENDANTE~HIBIT,.;-~~ Case N o .. L'(.(_ 'o/JM... ~ . ".#/IL E l/11111 14fIP l7J~?~. ATTEST:. .... ...... ......... ..... C. OVERTON LEE, Court Reporter . ··················•······· JUDGE ��TO CLYDE A. BISHOP and ELLA BISHOP: You and each of you are hereby be prosecuted my-dwelling for trespassing if you come within house. Dated: March notified 9, 1954. that you will fifty (50) feet of �= A.t. STRAViDERMAN SHE.Jf OCKINGHAM CO •t-7Y �Com~ Form <,;Q-2M B Books-11-50 RECEIPT FOR FEES 4247" COLLECTED Coimty of----------~------ $ Received of------------------------------ '------For ----------------------- ORIGINAL-TO DOLLARS On.___________ Type of Service or Process Date of Service PA YEE I Deputy-Sheri 19__ ff-Sergeant ��OEFENDANTEXHIBIT ~'/= 'case No.&J/1., l(,j/;l-tc,e#l'/-J'J/ C. OVERTON ;/5.N. _;:'.J\!:11 1~5~ • d~ .................. ATTEST: ...... LEE, Court Reporter JUDGE ��The Commonwealth of Virginia, County of Rockingham, to-wit: To the Sheriff of Said County, Greeting: In the name of the Commonwealth of Virginia, you are hereby commanded Clyde A. Bish_o~ ______________ the County of Rockingham, _____ Harrisonburg, at _,,M~a .... r.....,c"'h..,,_ ______ to summo1,___________ _ to appear before the Trial Ju tice Court for Virginia , on the ------=1=5'----'t..._h"'---____ <lay of , 19_5A_, to answer the complaint of _______________ _ Lacy M. Halterman that t}1e-said defendant is in possession and unlawfully That certain in the Brock's tenant house Gap section withholds on the property of Rockingham from the said plaintiff certain premises, to-wit:_ of Lacy M. Halterman, County, Virginia, situate on the east side af Baute #259 which said possession has not been so withheld for a period of more than three years next preceding of this summons. And have then and there this writ. Given under my hand this,___ ___,9"-t .... h...__ __ day of____ ~M~a~r~c-b~-------, 19~. the suing out �-<./4."" THE COUNTY Ot ROCKINGHAM BY D'ELTVF.RTNA- fl TRUE ..-· Sfl·r:-:nn:F ·-· QC ~ LL. :) --l •w f0 < z w ROCK!f~Glt;..i~i CGt:;f;y Cf) z 0 ~z< ~-2 :) ~ -v-' 'au -( \ ~ ,,, f~ �ST ATE OF VIRGINIA, COUNTY OF ROCKINGHAM.., to-wit: The undersigned that Clyde A. Bishop the following of Rockingham this, is unlawfully described on the property Lacy M. Halterman, and wrongfully premises, to-wit: of the undersigned, Countr, Virginia, on his oath ·says detaining That certain situate from him tenant in the Brock's house Gap section on the east side of Route #259; for to-wit: The undersigned use said premises as a tena:nt at will, ployed by the undersigned; employed notified the said Clyde A. Bishop without rent, so employed, to leave the premises, and that notwithstanding and the further he continues to while he was em- that the said Clyde A. Bishop by the undersigned; he is no longer allowed is no longer the fact that fact that he has been to remain in possession of the same. Given under my hand this 9th day of March, ~112 Subscribed March, and sworn to before ~ me this 9th day of 1954. ·~ary 1954. u ��COMMONWEALTH vb....._, r __,,_/h__c_..___..,,.....,._l/...._..;..__'-'-------'-'==--..:==- DESCRIPTION OF PRISONER Height Y ,- Marks _____________ Age ~3 ~ 1~ Eyes Hair-~~--- _ Occupation Resul~----------------------------------- -::J.o, ~k, __...,...,-,-- Weight / 1/ 0 ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ________ C.l;y:d_e__A.,___.Bi.sho_p_, ____ l'1,'r._~_ ..___ QJyg_~-------- -----------A. ___ Bishop, ____ Deputy _____________ Raymond ___ Moyers L. Warren ___ A. ___ Spit_zer, ____ Officer and __Berlin __ Dove--------------------------------------------------------------- to appear before th /fj'('/,e of the Circuit Court of Rockingham House thereof, 9 at 1b0 ___ Joseph, -------· County, at the Court o'clock, a. m., on the ___ l7_ _____ day of.._.~~P~-~------------------------, 19__ 54 to testify and the truth to say in behalf of the Commonwealth against ------------------------·-·--. _________________________________________________ LACY_ M. __HALTEID1AN ------------------------------------------------------- who stands charged with and indicted for a felony And this you shall not omit under penalty. Witness, • ~ And have then and there this Writ. ~l'.l'.lOKJ~rlll!~©i'.X0'-lkJ~--IM;:,~~~• at the Court House, the ___ l1--th __day of -·_S.~:g:t;_§_t}L___________ "'--~--,~~~~~ of the Commonwealth. -----------' ~ THB SH.VICE Puss. HAUISONBURG. l'A. �B~il~2Q !8 WVHDNIX008 -io X.lNflGD :m;i;~;b,¾ (raJ;.QD:fi':i �In the Nawe of the Commonwealth of Virginia: , _ To the Sheriff . o treliereby d of~ Haray C t voun y, County, W V • Greeting: a. commanded to summon ___________ .M.ar.i_on __.SQ:U_OJ~_:r. __J~D9..J~9J?J~Il~9----·-···· ;_·----····-···--··--·•______ Ca ldwe . . 11 _(Mathias ) ··-·------·----··---··-·-------------------------------------------------------_ Jo appepr : fore the Jt!~~ of the Circuit Court of Rockingham County, at the Court HOl• t.l;i.er.tof,sit~ clock, a. m., on the ____ _l7_____ day of.. ______ §~_p_t._, _____ .______________ , 192!±: ~ ti(_yand the truth to say in behalf of the Commonwealth against ----------·------------------_ ·-----------·-----------LaCY __M.___ HALTERMAN _______________________________________________ _ ....,. ~ . , -·--··· ho.st3l1ds cha goo with and indicted for a felony ~' ~ / ~ this you· hall not omit under penalty. And have then and there this Writ. Witness, J~~. tb. __._day of ______ S.e_p_t._. ___________________ , 19 __ _5-_4_, and in t ~' THB SEll'YICE PUSS, ~ HA I.JSONBUac, ~--~~~~-~~-1~6~~~~~:::-:-:::~ YA. " at the Court House, the e Commonwealth. ne ' �Commonwealth ~ v. ) Witness Subpoena Lacy M. Halterman To Sept. 17, 1954 at 9:00 a.m . • �7 ') In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You _are_:e~~y ~:.m~t;~ County, Greeting: Raymond Moyers, Clyde Bishop, ! Bi~i;~----or"ric-er ___ JoEieph~~-]forlin--Do-ve~--------0 ________________ and ___ Deput.y_:.w_a;r_r_~p. ____ ~J~-~-~f _____________________________________________ _ to appear before th /5~e of the Circuit Court of Rockingham County, at the Court House thereof, at 1lOXOO o'clock, a. m., on the __J,_~thday of.._·---~~~-~~------------------, 195._4_, 9 to testify and the truth to say in behalf of the Commonwealth against ------------------------·----_ LACY HALTERMAN who stands charged with and indicted for a felony ~ And this you shall not omit under pena1ty. And have then and there this Writ. Witness, .kjB:()ffl~rutWUZ'Sl~{®Kilt~~ffi~~~~~, .31.~t.__ day of ___ J~J:y _____ ".__________________ , 19.54-_, an • THB SU.Vic.£ PllESS, HAl.kJSONBUI.G, VA. at the Court House, the ~~niOl e Commonwealth. �THE A TRUE COUNTY Ot 8 ROCKINGHJlM COUN. .._ SHEfUFF A.L STR _ _ ROCKINGHAM BY DELIVCt\.Dru A TR1.L THE COUN'lY 0.t: R08KINGHAM BY DELI l!i~CtJ'l!E~,...a_;zrN TO~~l4~ co lXECUTE~~IN THE COUNTY 01 ROCKINGHA6RY. DELIVERZ!SroA TRUE r- ta .OQ ~ a' '° I-' I-' 0) • s.i::- •n, Vl. 0 •• '° 0 .. CT CT i:r, 1-3 0 t/'.l v !;:I;) 0 1-tJ O 8 0 ~ t,tJ 5::1 ~ J-' CT CD Ill :J:l ~ . <:.., 0 1-3 g ~ >"J() .~ ~ i:r, :::1 CD 0 to o' lf r.o Cl> ta :::1 CT 0- ct- I-' Cl> ..,. ~n, ~ ......., ~ a:-:i 1-3 :i> ~ Ci)~ H ~t:"4 ~ 1-<l tp ::s ~ t:11~ ::r:J 1-3 ;i:,, -~ ~Ci) ,\1-<j ~ c::1 Z 1-3 ~ ~ H~ �In the Name of the Cofl?.monwealth of Virginia: To the Sheriff of Rockingham County, Greeting: t~~ ~.~r::i~h~~l~: ..~~.d~;c~;~~~~.~~ .~~~.~~: ..:~ ..~~.~ 1~~!~~~.~ :o:~~~~:r:::~r:t~~~o::{, to testify and the truth to say in behalf of the Commonwealth t --------------------------------------------······---------------------------- against ..................... :........ . ------------------------------------------··········--------------------------- who stands charged with and indicted for a felony And this you shall not omit under penalty. And have then and there this Writ. Witness, J. ROBERT :wJTZER,..cietltor ;u • srud Coxirt, at the Court House, the l.............. . day of ..........'!'........................... , 19........, a r f the Commonwealth. THE SEaVICE PRESS, HAI..I.ISONBUI.G, 'YA. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon _____________ 9_.p. ________ 9_y_9;r.~.J ______ Jy:_;~---~l _____ 9_p_,_____ _ _____________________________ and ___ •.t.rs • ___ Clyde ----------------------------- n.d __ __Bishop. _____ fflc __r __Joseph, ___ Ber 11n __~ye, De.put.y___ ~•'.Srr.n ___ p.i.tz.er. ____________________________________ _ to appear before t~ looge of the Circuit Court of Rockingham County, at the Court House thereof, at~ o'clock, a. m., on the ___ l._8tJ1day oL _______ A__ ~1; ________________ , 1~- __, to testify and the truth to say in behalf of the Commonwealth against --------------------------··-_ ----------------·--------------------------------------A _______ .Hi\1';1;_ ,·----~-~------------------------------------------------------------------who stands charged with and indicted for a felony ~ffltt:Eigr. And this you shall not omit under penalty. And have then and there this Writ. Witness, ~ ,. IZ:;sa;ia,~U, the Court House, the __J.lst_day of _______ Jucy ____________________ , 195. ~,t........,rtt he Commonwealth. THK SEa.VICE PllESS, HAllJ.ISONBUllG 1 YA. ��~=================================== In the Name of the Commonwealth of Virgi~ai. Cit of Charlotte To the~~. Greetingvf You are hereby commanded to summon ......... Dr ......W-1.J..lis..m..I. •...Si.lv.er.nai..l to appear before House thereof, at to testify and the _ lle ............ the,.J11d.!!eof the Circuit Court of Rockingham County, at the Court le: VO' noon S i:' ttuOO o'clock,~-, on the ....1.7-.....day of.. ......~p.t .•....................... , 19.::,..4 , truth to say in behalf of the Commonwealth against .............................. . ................................................... LAC.Y ...M•..JI.ALTER1'1.AN" .............................................................. . who stands charged with and indicted for a felony 1x.i:Glem:ooxmx And this you shall not omit under penalty. And have then and there this Writ. Witness, ~llID~ltm:DW~~:wc.mu.t:;!Otroxt, .4.t.h .....day of ..... ~.~P.t.~mP..(;}.1:.' ......... , 19.5.4 .., an TH& SEI.YJCE PllESS, HAlllSONBUllG, 1'A. • th .J at the Court House, the ye r of the Commonwealth. �Commonwealth v. ) Witness Subpoena Lac~ M. Halterman To Sept. 17, 1954 at 12:00 o'clock noon -s .... ... g i~ l -~ 3 ~ ... i' -· s» ~ ::3"..... 0 ::I ~ <.£1 er<: ~ e> ~ '< �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ....C.ur.t.i.S. .Llo,Yd...Dov:.e., ...F.uJ.k.!..s...Run,,....V..a ....,...and .......... B..~.Y.~P: ..M9.Y~. ~ ~.1 .. .¥.P.+.~ .~.1?....:R..@.,.....'v.c3,.~.,.............................................................................. . . . . . . ...... ...................................... ...................................... . . . . . . . . .. . . . ~ ........................................................................ . to appear before the J1tdge of the Circuit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on thil7t.hday say in behalf of the Defendant of.....S.~p.t.~mb.e.r., ............. 1954 .. to testify and the truth to in the prosecution of the Commonwealth against........................................ ............................................. 1A9.X. ...~.~ ....M=1Z!~~RM4-W. .......................................................................... . who stands charged with and indicted for a felony~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .....l.6..t.h ....... d,y of September, 1,.54, ,md in th, l7Jt1tr'.J:::.:J:~ ~ �Not finding(__,.~~, -1,<< 7 ,-lace of abode, Executed i »~ et., V "◄ OR'Vk"::'S-:::::::a:t 7 1~4~•-····-··a• 12. usual place of abtf'de:#'~U.. his family above t ....~.<L~ hies ueua, j .................. , being a member of rf>r .,., h<"r. .. " ' ~ NOt rinding ;(J~4q ~ff:;:a« F/ < ,sc , 1 y= true copy of tws c,r;,c r. ptp< /",(,.AC d'S-c::: E,,< &e.,< d ,...... ...., _ -at ·hl-8 ~, by deliverl_ng h~r. a ~-t- _ in person, at saicy2>~~..L#-.~~ usual place of ab~~C"···~L~ ......... , being his family above the age of 16 year~n4explainiP1i2,th~urp~rt ~I") ..... _/4M a member of th~r.Li., �Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .......GJ.Y..q.~ ..J.ti.sho.p....an.d... ep.ut.y ... ar.;r.en,............. .................. sm.:;i.·t.... z.e.r. ................................................................................................................. . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ....././ ...........day of ..... ~············································ 19:Z.~ to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ..................... . ··················································Y..~ ....~~9.~.Jl/~:~~·~·~··········································································· who stands charged with a felony ~.!A.!JP.J:: And this you shall not omit under penalty of £100. Witness, ~X11.oc!Kmc~f~~ And have then and there this Writ. at the Court Hottse, the ...._5.th ........... day of. ...... ay .................... 19..5,~,,and in the .......J7.f? ······..c~~~~~ THE SERVICE PRESS, HAR.RISONBUkG, VA. �Commonwealth v.) Grand Jury Summons Lacy Halterman /4 To May 11, .e:xEOUTEDS°JOrIN THE C8UNTY Ol' 1954 at 9:30 a.m. ROCKINGHAM BY DELT1NG A TRUE COPYOF THEWITHIN ~-: a ce,• 9 ~ t-P~~lrz< A. L.STRA~vOERMA' SPERffF ROCKl~JGHAM COUNTY filffiCUTED~:;1 TN THE COUNTYOr ROCKINGHAM BY DELIVER GA TRUE �In the Name of the Commonwealth of Virginia: xAU~rude To the::SW~~. Greeting: You are hereby commanded to summon ............Pr.~ ..... .Q~g~.-.~.;·~·~·~·~Pl§mS.fiffi..~g.~.~ ....~.~.~.~.!~ : !Y3e8" [~n~~i~sity:t;~/4¼.; to ap ear efore the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 9 ~'clock, K1iclo a. m., on the .........§.t.h................ day of.. .................... .JY:J.Y ............................................ 1954., to testify and the truth to say in behalf of the Commonwealth against ......................................................... . LACY M. HALTER1"1AN who stands charged with and indicted for a felony ~IMaKOO¾. And this you shall not omit under penalty. And have then and there this Writ. Witness, }tRlOBEfilf~~tfil1COO~llt, day of.. ............ Ju.n.e .................... , 19.5.Lt,.., and in the 17...9.t THI! 1 ■ 1.'YIU Pl.EU• HAa.a.UONaU&G, ••• at the Court House, the .......?.2:t..h �,,ut-100,~,&.: ~ e~~ r~r.~ ofabode wttnin theGltyofGharlottt'lVille, Va,,nor,!f1:t.memb1r tof. · • wholR prtUSS!Right!!,gaily be .. rvod,:nlh• withi - - - onthe ~ay ofA" ! _ J the 1 cz:;. , /. -,r;f ~~~ Str(&i me.. v, - 7/'rP~~ •m•a oo:6 q.a ~561 '8 £1nr o~ uam~eq.1aH ·w £oa~ aueodqns sseu+1A ( . "A -qq.1 ae.M.UOUlUlO:) " �In the Name of the Commonwealth of Virginia: To the S.hei:.ifLof Rgck-ingl:µm You are hereby commanded to summon ........ Pr.! ...Y.?:-J.P ..§.1'!?...!.! ........................................................................................ /-6-3 ;/,... .. .... County, Greeting: ~~}.Y..!:?.~.~.! ............ . .................. ················ to appear before t 1e dge of the Circuit Court of Rockingham County, at the Court House thereof, at ~00 o'clock, a. m., on the ...~.th...day oL .....~~l-.Y....................... , 19.. to testify and the truth to say in behalf of the Comm011wealth against .............................. . :?.~~ ....................................................... LACY. HALTERI:1AN ................................................................ . who stands charged with and indicted for a felony misrumtmDlilr. And this you shall not omit under penalty. And have then and there this Writ. Witness, J\JROB®Bffi..SlX!llx.zERx~ of ....... J.~JY. ................... , THB SEI.VICE PUSS, •• rn.5.J ..., a Jft!¢L...day HAU.ISONBUtlG, YA. -............. the Court House, the f the Com Ith. �... > ,~- l:l :-' C. > • f."1 ~ •; ~::., w 0 Commonwealth v. ) Witness Subpoena Lacy Halterman __T.o •July 8, 1954 at 9:00 a.m. 1- '3 (J : :}/ -:. .. ... ,., 0 J • .. 0 E 0 "- .E �In the Name of the Common wealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........CJy9.~..... A~..... J.3t§l.19..P.,...J~.!3..~......9.J.Y.~..~....A.~.......... .................................... Bi.shopL ..DeputY ..r .. arren ...sp.it.zer, .....orr.ic.er ....Jos.eph, ............ . -Raymond Boyers and Berlin Dove to appear 8 fore the Judge of the Circuit Court at 1~:o'clock, of Rockingham County,at the Court House thereof, a. m., on the ............ 8.t.h.............. day of ...................... '.!.:t:LJ.Y ............................................... 19..?..L.J., to testify and the truth to say in behalf of the Commonwealth against .......................................................... . ............ ........................................... LACY...h .-...HALT ...,RI1AN.................................................................................. . who stands charged with and indicted for a felony rotsdlfm:~t And this you shall not omit under penalty. And have then and there this Writ. Witness, JdU)B~~"'!~~it, day of.. ............ ~1?.E:~.................... , 19.....-?.~l:, and in the 17...~t.P. TH& l&&TIC& P&l!SS, HAI.I.UONIUt.C, TA. at the Court House, the ...?..9..t.h. ... �o!:ll~ oo@ Commonwealtg ) vfitness v. Subpoena Lac,y h. Hal8terr~54 To July ' at 9:00 a.m. OJ; --· .,, • .L H .tlO ..X.dOJ iBNDIJOH ';° rr r · g~v ,-,,:i--- V BN u..:..AI~2G --....L ·:-~,• G!3:Xil8~X!i1 ,., i J.~JQO'.J!3:H.J,_N ~C---/½ ·. ,, . -~~:--- •• r 4~ "" �Jj r , ��Commonwealth of Virginia, Rockingham County, To-wit: +.-5.if! ....... day BE IT REMEMBERED, that on the ......... ~.QY ...H.~J.t.~~·~···········································,principal of...........M~.f.~.fl:................................................, 19....5.:".l; Raymond Sager and Vivian Sager, and ..P.:\.J..~P.@.00. ...@.CJ ...~~.i.f.e ..,..... ru10....D.e.W.~Y. ..D.., ....Moyers their surety, who justified to lm sufficiency, came before me, .......Har.r.y...El~.t.:t .............................................................. . Bail ...CQmmis.si.9.n~.r. ............................. A..........................................................., of (J. P. or Bail and acknowledged the said county of Rockingham, Commissioner) themselves to be indebted to the Commonwealth of Virginia each in the sum of.................. f.JY.~ ....'fh._q.~.e.~P:4....--::.--::.--:: -:~'.':".P.9./J.QQ:-:-.'.".'.'.':"."."'.'.~"."'.' .......................................................Dollars, to be levied of their respective goods and chattels, lands and tenements, ( $....5.3 .0.QQ.,. 00.......), for the use of the Commonwealth of Virginia rendered, and they each severally waived their homestead exemption to their recognizance; yet upon this condition : That if the said .......~~~.Y. ...~§:.:;J;.~~.~~ .......................................................shall personally appear before the ~T: J . , C of Rockingham County, at the Courthouse na 1 ustice s ou rt of said County, ~xx.xxx.xxxxx:t'JQ:xocxl:Je]ooO<beio.)PCIXOCX:XXX~of on the .......2~:th ............ day ........ Apr.i.l. ............. .................. , at at2such :00 otT1er P. time M. or tunes . . · b · d f 4 , artd 19...... to which the proceedings may e continue or urther heard, and before 5. any court or judge hereafter having or holding any proceedings in connection with the said charge, and then and there answer the Commonwealth of Virginia concerning ~;t.t:q...JP.-.t~n:t. ...tP....t.:rJ.,Je .............. whereof a certain ...c.b.a~ge. ......Qf ...f.e.l.9.nJQP.-.S ....9.S.$.aUl t the said ........ L.a.C.Y ...~lt~~.~ ........................................... stands charged, and be bound under said recognizance until the charge is finally disposed of or until it is declared void by order of a competent court, then the above recognizance shall be null and void ; otherwise to remain in full force and effect., and upon the f'urther condition of good behavior and keep the i;:eace until IN ·w1TNESS WHEREOF, I hereunto affix my signature that said Lacy Halterman shall said charge is finally disposed this ..........1.5.th................... day of.. .................................. ..Mar.~.b. ....................... , 19............. COl1MISSlONER) be of'. �14-{,JJ,--,4. COMMONWEALTH V• 1 0) Fel {FA) LACY HALTERIVIAN Bail Bond $5,000.00 To: April 29, 1954, Trial Justice HB, BC 2 PM Court �Comp. Fo1m 18 l ST ATE OF VIRGINIA ~OF HARRISONBURG No. _____ To-Wit, _ CITY TO ANY SHERIFF OR POLICE OFFICER: Warren Whereas, Spitzer, Deputy Sheriff of Rockingham County James W. Lineweaver has this day made complaint and information on oath before me, (Name) Justice of the Peace of the said~. thac_ _____________ Rockingham (Title) LA.CY .M. HA.LTERMAN did on the-9..t-h~ __ day ot __ make an assault Bishop on one Clyde unlawfully, and wound with pistol, ~M ..... a...,rwc ....h,._.._ _______ with _ Bishop feloniously, a deadly intent there to maim, disfigure, peace and dignity the said disable, of the in the~ County 19-$4--: Unlawfully antJ feloniously and him, the and maliciously weapon, him, ______ _ to-wit; Clyde said did Clyde shoot a .22 caliber ·--------- Bishop, and kill, then and against the Commonwealth. These are, therefore. to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon as witnesses. Given under my hand and seal, this color _____ Address ________ _ color Address--------------- □ color Address _________ color Address color Address _______ ----□ _ □ ----□ _ ----□ �STATE OF VIRGIXIA-COUNTY to-wit: OF I. a Trial Justice Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that as his suret _____ and ---------------------------, to the Commonwealth ($,________ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of -------------------------------------- ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: That the said ______________ _ lands, and tenements to the use of the Commonwealth ;o Circuit Court shall appear before the Trial Justice ----, County, on the ________ day of ______________ , 19___ , of------------------=-----at _______ M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continut<l o, further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to an,wer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that shall keep the peace and be of good behavior the said from the date her~of. Given under my hand, this ________ day of _________________ , 19___ for a period of _________ da,·s _ T.J., J.P. -~ - -- ;. ,,, (i 0 ;'! "Ij s· ,,, ~ "' ,,, "'--::,,,, ,,, ~ ~ ~ e cJ ~ "Ij ""3 s. e:. s· ,,, >-:l ~ 3 3 0 ::s "' £, ► :> >-:l 0 z ~ ~ >-:l 0 9 0 z "Ij ::.:1 ::0 t71 (J) >-:l ~ :El l%j ~ > t"' >-:l ::i: n .,::,., l)q _,,, ..... ,,., 3¥.:? ::t, ~ (J) r: 3 a0 ~ ;,,, "' "' '-< ~ ,,, ,,, "Ij ., > .... .... ::s ,,, ::s ~ ., to0., ; ., > .... ,,, ::s n,,, "' 0., ,,, "' ::s ,,, "' (i ;. ., ;,,;- ts:: :> ., ., ;:;., ,,, OQ ,,, "'.... to s >-:l ... ~ ~ ., .,., ., £, ., ::: 0. ,,, .., '< ~ ~ ~ r.., 'O £, ~ '< Q. < :;· 0 ., s· '!9. ::, 'O 'O - .,.... O' §," ., "::s Q. < :;· OQ "., ., .;· ".., 0 ,,, ;. ,,, £, 0.. 0 ~ .;· ~ 0 rn ..:i ' t.,\ a '"' ~ 6' ........... C) ~ C), ~ J ::s ~-~· ,,, ~; ;. " ,,, "' ,,, "' (i 0 i:: l 'D ~ i:: ;:: "'i:: ~ "'3 .... -n~. s· ...... aq 0 rn >-:l ;;' >-:l £. ., 0 '< ~ ~ l%j (') ::s e:. ~,,, ::s s· aq (i e:. 0 ;. ;'! z (') ::.:1 ::.:1 ;. ~ (i 0 >- >C ., 3 s· ~ o· ::s ~ ~ \.,l \>' •- "' ~ t:, 0 ~ ;. ,,, \ ~ !" n 'O no ~ ::s ,t) ' < ., C: "' ., ~,,, ., .... 0...., " ., ,,, (i 0 i:: ::s g n 0 l)q ::s ;.· ,,, 0.. �Co1IDJ1onweal th v. Lacy M. Halterman The Court instructs the jury that weapon, in any angry or threatnning alarm or strike that object the use of any dangerous manner, with the intent another under circumstances is an assault, and if you believe calculated to affect from the evidence that Bishop had in his hand a knife, that he angrily defendant and acted in a threatening manner toward him, then the defendant was assaulted him seaned reasonably and had a right necessary to repel cursed the to use all force as to said assault; C?u ht he was not ~r,, compelled to retreat from the said Bishop, but might, in hi reasonably for his own protection• he life ,.. to necessary of the --a-s-s-ai~ ,' t.um, --.,e:ven t;o the-- ta-king- 1 .. ,✓ �t �A. L. STRAWDERMAN SHERIFF ROCKINGHAM HARRISONBURG, COUNTY VA. �/ �/ Docket No. rlt r . COMMONWEAL TH of VIRGINIA = t~ ) vs. ) Felony ( fa) ) f LACYM. HALTERMAN R. M. Weaver & W.W. Wharton Own (X ) Appointed ( ) p. d. ���TRIAL JUSTICE COURT Criminal Docket N<! 14628 A Com'th V. ~ W / Appearance Date Trial Date -- -- ~ Cf- - J - // - ~-'f .2..'f - This case taken - Y di.rec1t-w- Circuit Court after a plea of not guilty in T. J. ct. 4-29-54. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Lacy M Halterman Subject The topic of the resource Felony Assault Description An account of the resource Defendant charged with felony assault Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1954 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_017_010 Halterman