83 20 4487 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_009_commonwealth-v-larry-milton-dofflemyer.pdf ad4898cd0d08a452257226076b668363 PDF Text Text July 27, 1954. Commonwealth On an indictment vs. Larry Milton for a felony (seduction) Dofflemyer This da~ ca.me the attorn€v for tpe 9ommonwealto, Fnd the pursuant to his recogni32nce and L ry Miltqn Dofflemyer, C2J.j_e/by his attorneys, W. W. I Wh rto:n 'a.ne M. W. Fuller This day came the c1ttorne· in the trial of this and the accused nizance Thereupon, case by Chcrles Larry and by his for Milton attorneys,"W. the attorne.,r for assisted A. Hemmer Dofflemyer, ::0.v✓.1::~ I< tr1 the commonwealth, caL1e pursu2nt to his recog- /1/, W. Wh2.rton 2nd M. W. Fuller. the commonwerl th moved the court to xxar 2.mend the indictment herein b deleting the ~b:mcll!:f~REfilrn'ords therein, namely, "about the hour of 9:00 o'clock", and also the word "unconditionally" over the objection of xmrxx counsel fur the accused, and such parts are deleted, the court sust ined,r~ to which action of the curt which motion counsel, sheriff writs excepted. of venire And from persons f ci s, twenty and found duly au2lifi list containing attorney struck for therefrom namely: twenty persons Thereupon, in this during this spectators the hearing until the accused, the names of four E. B. Hopkins, Paul H. Bushong, and all trial, persons, H. Ray Hollar, the a tornev case, Fnd for Irvin were removed from the court tomorrow morning was handed to the the re!:i.aining F. Nash, herein, at ten o'clock. room. further twelve, Isaac D. Early, J. Nelson Dove, and Joseph the conunonwer_ th move be excluded a who each altern2tely H. Finks, which motion was granted, of the evidence under Whereupon, C. P. Coffman, Virgil snectators, by were ex2mined by the court the names of said Page P. Price, Miller, persons fror;i exception. Woodrow C. Shifflett, Lester summoned by the d 2nd free the comrronwealth the 2ccused, W. Miller,Jr. t c:t a 1 witnesses from the co:irt room end witnesses and And having concluded nroceedings Rre continued ��Commonwealth v. Dofflemyer INSTRUCTION The words "reasonable NO. doubt" ---~ as used in the instructions this Court, have been defined as that state comparison and consideration of all the evidence, wealth and the defense, leaves the minds of mind which, H§iQt~ charge. say that they feel an abiding from the evidence in the case~ afteT a full both of the Common- of the jury in that condition dncl they cannot of faith beh ,,.._L' ;: 1 9 f iJ'g ;4,?Ts the defendant Q that g $\ is guilty of the �() ,. ~ }- () q. () ("\ I- (' �Commonwealth v. Dofflem~r INSTRUCTION r;o;ie ConFt i.R.itructS-tae -prem.1med ~11tted to bee by er.ieie:PM:e, a reasonable Dofflemyer However. e.BQ jf had intercourse beyond thi9 presamptlon a reasonable under is you find that the evidence with her• of the prosecutrix doubt that Larry promise overcome when in this case raises at the time Larry then you will find for the defendant; even though you may believe with the prosecutrix V j1rny that ever 5 unttiar I ied fenra:le i.s doubt as to the chastity and this is true proved vi- gh1. NO. that the Commonwealth Dofflemyer of marriage. has had intercourse �= l '.., '.) �v. D ffi I( U TI T Cur tt p u th pr to tr! ft c-.u"•aut•a guilt. i 0 iclo if y, is th ft 11 • n r n• d ubt it th lr d ty to ac uit l 1 ; ~ t t uspic on or probability i ju efi nd nt 1 that t e t convict: a d t will not ater el t r pr ond t nc of t rr nt his co :viction is ullt u t on ble theory o cl u n th rly n conclu videnc in th 0 c upo hich h c n �/ / I' J ) V �Co mon 1th v. offl my r T UCTION N • _/ ~-b Co rt instruct t t th b as r. 11 reaso bl rry tb prosecutrix b tor t1 r, you will, n verthele bell v from th vid myer not in co h r own d ir e t uenc or pro ecutr yr d furt r b liev th doubt t at L rry Doffi myer or t th time t th pro ecutr fa pr m a sion. son of V d intercourse • find L rry Dotflemyer not guilty 1f you or yi ld d to L rry Ootn - rri g but in tiflc tion of In rry d y b li t t e t prev·ou n pr ved beyon pro with ven th u h you prov pro ecutr it h jury th t th en ffi ny r on t p omia of rr ft ct on o th • if ir . 1£-z ny_ to yi ld to �1 5 �Commonwealth v. Larry Dofflemeyer CHARGETO JURY If you find of seduction, will the accused, as charged Larry in the indictment, say so and fix his punishment penitentiary for a period Dofflemeyer, then you at confinement of not less guilty in the than two nor more than ten years. If you find more. him not guilty, you will say so and no ��Commonwealth v. Dofflemyer INSTRUCTION NO. The Court defendant to instructs be innocent charge contained beyond all the jury not is strong sufficient be proved theory doubt. so clearly based can be innocent. j(J( that indictment the law presumes proved gu i 1ty on which and if of the doubt there he is is defendant's of convict, unless his nor is such To warrant guilt, the weight his upon the evidence minds of the i s so even as mere suspicion greater weight amounts to his that there in tried, guilt, conviction and conclusively the of _the on the to a c q u i t h i m; and that suspicion to jury unt i 1 he is doubt, i t the i r duty reasonable able the any reasonable sufficient evidence in reasonable 1aw makes there the I this case of proof guilt is if is the beyond must no reason- upon which he ��Commonwealth v. Larry Dofflemeyer INSTRUCTION --- The Court instructs the jury that ing upon the Commonwealth to prove beyond all material reasonable element not mean that establish it or beyond all the jury accused is guilty charged is necessary for against that of mistake guilty and every the accused, to an absolute does beyond all certainty or to do more than upon the evidence thereof rest- the Commonwealth to of the accused possibility satisfy the accused doubt of an offense thereof, the guilt the burden as a whole the reasonable doubt. �r .J �Commonwealth v. Larry Dofflemeyer INSTRUCTION The words "reasonable of this after both the feel Court, a full doubt" have been defined comparison 3 as used as that state and consideration of the Commonwealth and the defense, jury in that an abiding case that condition faith the defendant that and belief is guilty they in the instructions cannot of mind which, of all the evidence, leaves the minds of say that from the evidence of the charge. they in the �j �Commonwealth v. Larry Dofflemeyer INSTRUCTION 4 --- The Court instructs from the evidence prosecutrix character jury that beyond a reasonable was an unmarried female by the prisoner ion with her under him guilty. promise if you believe doubt that of previous at the time of her alleged she was seduced find the seduction, by having of marriage, illicit the chaste and that connect- then you should ��Commonwealth v. Dofflemyer INSTRUCTION NO. .....!J The Court believe the jury beyond al 1 reasonable promised Dofflemyer with her, not guilty the prosecutrix of his promise yielded you will, even though you may before Larry Dofflemyer or at the time he had nevertheless, if you believe but voluntarily her own lustful find Larry from the evidence to Lany Dofflemyer, of marriage, of gratifying that doubt that to marry the prosecutrix intercourse purpose instructs - desire that not in consequence and solely or passion. for the �L �Commonwealth v. Larry Dofflemeyer INSTRUCTION 0 ----- The Court Rebecca Flick character accused, instructs evidence at the time Larry reasonable she first Dofflemeyer, that the burden that jury that to have been a female upon the defense character, the will, doubt the law presumes of previous had intercourse and that if at least, with the accused she was not of previous of proof chaste chaste is upon him to adduce create as to her previous in your minds a chastity. the relies �J. �Commonwealth v. Dofflemyer INSTRUCTION NO. If you find reasonable that the evidence will find may believe reasonable in this doubt as to the chastity the time Larry Dofflemyer for and this with her, is true a at then you even though you the Commonwealth has proved beyond a doubt that the prosecutrix case raises of the prosecutrix had intercourse the defendant; that -l- Larry Dofflemyer under promise had intercourse of marriage. with ��Commonwealth v. Larry Dofflemeyer INSTRUCTION The Court convict the accused prosecutrix, accused the and other reasonable jury yet surrounding while if you cannot testimony the admissions circumstances so as to satisfy doubt that on the uncorroborated Rebecca Flick, her testimony is instructs of the of the substantiate your minds beyond a of the truth of her statements, then this sufficient. The Court further necessary that be sufficient prosecutrix the supporting to convict but it or circumstances essential evidence orated. it instructs the evidence without is sufficient as tend elements of is for the the offense, that if it it is not be such as would the evidence to support jury jury supplies of the such facts such testimony upon the and where there is such to say whether she is corrob- ��Commonwealth v. Larry Dofflemeyer L INSTRUCTION The Court witnesses instructs is a question jury have the right the witnesses or lack to determine candor and fairness, of intelligence, that the credibility for the jury; of their their testimony, apparent the relationship of the trial, if any appear, and from all circumstances appearing on the trial, which witnesses are more worthy relative of any such testimony, the their of the witnesses the interest accordingly. of intelligence any, weight and the manner of testifying, if surrounding of from the appearance their and consistency to the parties, result jury exclusively on the stand, reasonableness apparent the of the witness of credit in the other determine and what is the and to give credit ��Commonwealth v. Larry Dofflemeyer INSTRUCTION The Court of the seduction necessary of its for charged the commission, from the eviden was commitied the instructs indictmant. the jury against that in proving the accused Commonwealth to establish and it is sufficient e beyond a reasonable on or about July 8th, it the time is not the precise date if you believe doubt that the offense 1952, as charged in �.- . r J • �Comp. F,orm 18 STATE OF VIRGINIA \ ~ OF~la1.;hmn lili No. _____ To-Wit: ' ~~.J~ TO A y SHERIFF Whereas, OR Pl!>LICE OFFICER: Rebecca Flick George B. Price has this day made complaint and information on oath before me, Justice of Peace y, that of the said Larry (Name) ilton Dofflemyer R~),_._:,L.,... County (Title) ___________________________________ did on the._~8~t~h~_day lawfn11y ,. _ hav, weaJtb ot._~•~D-J-1..,.y __________ connection chaste to be further am/County, dealt with according ace1nst in violation These are, therefor~1mz_:_ou, Trial Justice Court of 19--52_:Unlawfully in said with one Rebecca Flick, cbaracte1~, of V:irc1n1a• , did under the prom1ae of marriage and fe1on1ousJy illicit previous _,·n t~ to law. sedute l!l'nd an unmarried female of the peace and dignity of the oommon- 18- 1~8 V1.r,:in;1a of Section county Code 1950 in the name of the Commonwealth, to apprehend and bring before the the body (bodies) of the above accused, to answer the said complaint and 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 0 19_3 (Seal) �STATE OF VIRGINIA-COUNTY OF----------~--------. . Trial Justice a Justice of the Peace I, ------------------- to-wit: in and for the County aforesaid, Sta~. of Virginia, do certify that and --------------------------. as his sure._ ___ _, have this day each acknowledged themselves indebted Dollars to the Commonwealth of Virginia in the sum of ---------''-----------------------------,,_ _______ ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to Circuit Court be rendered, yet upon this condition: That the sai~-------------------, shall appear before the Trial Justice of ---------------------- County, on the _________ day of_____________ _, 19__ , at -----M., at . Virginia, and at any time or times to which the proceedings may be continued or. further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said from the date hereof. shall keep the peace and be of good behavior for a period of_________ Given under my hand, this _____ day of _______________ _ , 19__ days _ ·---·------------- T.J.., J.P • ..,. :r .., C"'l i 11 ~ D>C: 1'1 't) ~- a ::s l'I 0 0 .. " :r ",. g ~ = as· c. "' 0 ::t ... 0 :r ,. !!. ;. :r ,., :r ., "' oq _,. .... ::r, ::, i 0.. .., .. 0 ~ ::l ::s ,. .., .. .. 0 ~ C"'l 0 "' "' C"'l 0 a 8 0 ::t ~ ~ '/JI s:: a a 0 t:I s· oq > ... ...., ..,. Er 0 ,. ::t '< ~ ::s "' "' " "' .., .. ...... ,. " ,. > .. "' " ~ ::, ~ ~ "' "' C"'l ti" :,;" ~ i "' ,. oq > .., .., ,. ~ t:D ~ .., >-,l e s:: ~ .., "' .., g_ ,..., '<"' 0 ~ '0 ... ~ "' "' n ::t " '0 Ill .., ::s ~ ~ 0.. "' ,. '0 (II ::t ::s ~ tr .. " .., '< "6' ... t:D 0 0 Ill .., 0.. .. ;:r ;:r " " ;;· 0 .., .. n g_ -n ~s· '-fM• oq 0 ~ en s::~ "'s:: g.:. (II .. !. ::s (II "' (II "' C"'l "' 0 s:: .., ~,. .., .. ".., ... ,. 0 r n ~ s:: oq ~ 0.. ::s 0 e. ,. N �Comp. Form IS ST ATE OF VIRGINIA \ ~OO:~ No. ______ To-Wit: _ POLICE OFFICER, Whereas, has this day made complaint and information on oath before me, ...,vstic ~ o.t' ~ of the said (Title) 1 ,, o _, .4- A. P~ C 0 •>, r :i c "" (Nam~) Larr.' I il t v < th,t , ----------------------------------------~·n 11.·.~ J '_,l.... ~County did on th ..... e_-----'vc;,.)-=.~-"-,-'--1 __ day oi__ __:•.:..-:-,'"'.:...._,_____________ , 19~: Unlawfully J ~. SC_._ i c._ ., of , rsBc ' a VP co1 1ntu- i 11 • C :_ t CC), "F, C t. ! 'l lic ¥\ 11ce and 1:, n .!f' ,:,... ·iy,•:c, 1"<nr:e 7n,r. These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the . ,~_,/4 -~ Trial Justice Court of ~~unty, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon color Address ----□ color Address -----□ color Address ------□ color Address ---------------□ color Address -------------□ as witnesses. Given under my hand and seal, this,_ __:"""---- 1~ ~-~~~"---""'-----+----, , /--¼~~~fl.--,-~rl:::__....1,__.,~~~'-"'--( '--,.,,-,,: . :,...c:;...-,c. .,.;.....,, e (Seal) �STATE OF VIRGINIA-COUNTY to-wit: OF-----------"'---------Trial Justice Justice of the Peace a I, ------------------- in and for the C()unty aforeeaid; State. of VU"ginia, do certiflY that ----------------~------------------------------.--------as his sure:r____ and------------------------- _ have this day each acknowledgc(l themselves indebted to the Commonwealth of V.irgipia. in the sum of--,---------''----------------------------I .\ ·\, ·• Dollars •• t ( • ), to be~made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwl!alth to Court be rendered, yet upon this condition: That the sai.u__________________ __, shall appear before the TrialCircuit Justice County, on the _________ day o.______________ _, 19_'--, of---------------------at -----M., at . Virginia, and at any time or times to which the proceedings m~IJ:witinued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that shall keep the peace and be of good behavior for a period of_________ the said ----~-------------from the date hereof. Given under •my hand, thi,,,_____ day o,,________________ _ ~ 19__ days _ ---0 0 'i ;. ,,. " "'C: n '0 i:::: c+ PJ H ... .., :.:s 0. CL t-'• () 0 PJ & 'd (!) t-'• p.. PJ m ::-,. l-'· "d t--j CJl t-'• ~ I-' ,... I-' ." (0 p.. 'O t>l ,,. s:: ... ,,. X n n o 5,,.::, < !" 0- i:i. ... ,.~ > ::0 ~ 9 ::, g, ;. ,,. t-'· ;:l n 0 t-'• llQ _,,. 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N i:i. �I On an indictment Larry Milton for a felony Dofflemyer This day came the attorney Milton also Dofflemyer, was brought by his attorneys, ed was arraigned the court fixed for the commonwealth, into court by the sheriff D. W. Earman and M. W. Fuller, on the indictment and entered the 25th day of June next ed it is ordered upon, the said Larry justified (seductio~ that as to his the Commonwealth, he be admitted Milton sufficiency, of this Jr. a plea of not guilty in the penal into in the sum of Twenty-five Larry and came said accus- thereto, On motion and of the accus- sum of $2500.00. with Dewey Dofflemyer entered county Thereupon, for his trial. to bail Dofflemyer, and the accused, and acknowledged Hundred Dollars There as his surety, who bond, payable to ($2500.00), condition ,- ed for court the personal of the said Larry Milton on the 25th day of June next, may be continued holding appearance or further any proceedings to remain of or is declared and at any time or times and before in connection with which he is charged, ligation heard, force void by order any court with this and not depart in full Dofflemyer thence and effect of a competent this to which this thereafter charge, to answer without leave this charge until before having or for the offense of court, is case this finally ob- disposed court. Commonwealth I On an indictment vs. for a felony (felonious assault) Harry Holley This day came the attorney Holley, came pursuant Thereupon, said to his accused, after for recognizance consulting the commonwealth, and the accused, and by his attorney, his attorney, Harry W.W. Wharton. in person withdrew his ��e.- - I i Commonwe2lth vs. On an indictment Larry Milton for a felony Dofflemyer This day came the attorney of this case by Ch2rles pursuant and M. W. Fuller. for the 2.ccused, to which action ney for of the court Irvin Coffman, the accused, under writs D. Early, J. Nelson Dove, Lester W. Miller, witnesses ing this sustained, by counsel, of venire excepted. facias, and free in this trial, Jr. and all spectators, which motion was granted, moved from the court further room. proceedings And having of are de- were twenty persons Where- was handed to the attor- namely: struck H. Ray E. B. Hopkins, H. Finks, C. P. and for the commonwealth moved that be excluded from the court and wi ~nes·ses and spectators concluded the hearing 1 therefrom Page P. Price, Paul H. Bushong, Virgil the attorney the And from from exce~•tion. Woodrow C. Shifflett, Miller, Thereupon, case, twelve, "about and such parts the na"Tles of said twenty persons F. Nash, Isaac came over the objection the commonwealth end the accus,..,d, who each al ternc.tely Hollar, Joseph unconditiona.lly", the remaining Dofflemyer, namely, 11 and found duly qualified containing in the trial D. W. Earman, W.W. Wharton, the words therein, which motion the court the names of four persons, herein, the word summoned by the sheriff a list assisted for the commonwealth moved the court by deleting and also examined by the court upon, attorneys, Thereuy-,on, the attorney hour of 9:00 o'clock", persons the commonwealth, and by his to amend the in.die tment herein leted, for A. Hammer, and the r_ccused, Larry Milton to his recogniz~nce counsel (seduction) a room dur- F,i,$ were re- ~) of the evidence are continued ten o'clock. , Judge. Circuit Court of the County of Rockingh2.m on Wednesday, the year of our Lord, nineteen hundred the 28th day of July, in and fifty-four. Present: Hon. Hamilton Haas~ Judge. Commonwealth On an indictment vs. Larry Milton for 2- felony (seduction) Dofflemyer This d2.y came again the attorneys ed, Larry Mi:.ton Dofflemye::-, c2-me pursuant for the commonwealth, to his recognizance and the accus- and by his attor- ✓ I z..-.?._ ��neys, D. W. Earman, W.W. Wharton, sworn for the trial having received counsel, of this to the:ir they came again into dict; case came pursuant the instructions they retired whereupon, court and M. W. Fuller; to adjournment. of the court, and having room to consider and reported one of said jurors that and the jury impanelled their Whereupon, the jur heard the argument of verdict, and after they were unable was withdrawn and some time to agree on aver- and the others from rendering a : I I I verdict herein I were discha.rged. Charles Earman, Jr., account attorney, of the Coun Commonwealth o ser by uly examined unpaid, troller to be certified to the Comp- for payment. ✓ Sam P. Conra, against was allowed and ordered . attorney, of the County aforesaid, presented an account the Co ·pursuant affidavit be correct to ported of the by the appearing and and ordered to be certified for payment. 1~ to to the Comptroller &t.-, I Judge. : I _I b ��G. H. Parent Co. Ashland, Va. F N orm o. 777 Commonwealth l of Virginia, C,ount.~................ of .. Rockingham···--········' In the Court of Circuit to-wit: said , April County The grand jurors of the Commonwealth of Virginia, in and for the body of the , now attending the Rockingham ~:xt~~c;poidhmctmdtcxmm1pt~Ym, said Court of the said , in the year one thousand nine hundred ana county, nighttime with of that one Rebecca having .ionally , feloniously ab out the hour day, and there did promised then Flick, the to marry her, an unmarried said the Rebecca said seduce county female Flick Rebecca of previous on the aforesaid Flick, against against the peace and dignity of the Commonwealth of Virginia. Rebecca day of f' fty and have Flick witnesses sworn in open Court and sent to the grand jury to give evidence. 54 of two and in the of 9: 00 o I e lo elf; in the statute, Upon the evidence of County LARRYMILTON DOFFLEMYER or about onfthe 8th upon their oath present that July Circuit 'Term, r9 illicit chaste connection character, day the form of the �INDICTMENTFOR A FELONY { ~ AL'TH Foreman. George D. Conrad Commonwealth's Attorney A TRUE BILL LARRYMILTONDOFFLEMYER vs. COMMON.WE S;J �p ,u- 'P- p. ~e_ ~ ~ 1 a • Docket No. l7k ...... /,,, 1( $:Jd . 7-, ~~L, a ~.,,.f COMMONWEAL TH of VIRGINIA J Fel. vs. /le~~ ( seduction) ) I LARRYLlILTONDUFFLEMYER IL 1f,. i~ Own ( Y..) 1J,,, If, Appointed ( 1~. ) <kt----p. d. / () J 'ti :T f "C !' CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. ��r~~~~ ~~~~~~ijlQllll 7 ... ,. ' NIA'/1 ......1/'1 ATTEST: ...... ···· · ·' ········ ·· ..' ........................... JUDGE ��MELVILLE W. FULLER. ATTORNEYaAT-LAW ELKTON, VIRGINIA JR. ��This image removed for explicit content. To view said photo please contact the Rockingham Circuit Court �\ \ �Comrnonwea.lth vs. On an indictment L2rry Hilton court, 1re2.l th the it is day came the s2,ys that said therefore and go hence 2 felony (seduction) Dofflemyer This of the for Larry he will Mil ton considered without attorney day. for not commom-real th prosecute Dofflemyer by the the court further on this that and, on behalf indictment he be released with the of the consent common- charging a felony; of his recognizance and ��Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ...........~~·~·~·~·~·~···f .1.~.~·~······································"··..··..·· ......... to <fij~e£5rj7efore the Judge of the Circuit Court of Rockingham County, at the Court House thereof, a~;io o'clock, a. m., on the .....J9:t.h....... day of. ....A-P.:rJJ........................................................ 19 54..., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ..................... . .......................................................... Y.~ .... 1A~~X...MIJ/+'.9.N ...µ9.F.t!-!~~~········································· who stands charged with a felony ~~~. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ~~~ at the Court House, the ...J?.t.b.. ........ . ?..4., and in the ....J7.~.t . .. year day of. ......f\P..!.'.;.\ ..............19 .. THE SERVICE PRESS, HAtlRISONBUI\G, VA. �Commonwealth v. ) Grand Larry Milton To April at ~tL( //~ Summons Dofflemyer 19, 1954 9:55 a.m. 1/f//f_//-4 ~ fa Jury 1., /)~4- ~ ~ //µ}I'_ ar.fi/4~. - �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon _________ J~--?:J .P.:..!!:i-:1:~_t'?.~~----~-~~~-'?_:.1:! ____ y_~_:_! ________ _ and Harv --------------------------··-··-v. l'v1cDonald (Bethel), l!ilkton, Va. ___________________________________________________________________________________________________________________________ _ to appear before th / ?foe of the Circuit Court of Rockingham County, at the Court House thereof, at W-00'\o'clock, a. m., on the ___ ?7~_h:day of.. ______ 5!.~_1;y: ____________________ , 19__ 2_4 to testify and the truth to say in behalf of the Commonwealth against -----------------------------_ LARRY DOFFL:2l{r::,T.t:;R who stands charged with and indicted for a felony rx:rislilmlllrem<>r. And this you shall not omit under penalty. And have then and there this Writ. Witness, ;k}RO:~~~l~H.h w<i at the Court House, the 2ls.t ___ day of _________ .Ju -Y-----------------, 19._5,.--,ar d-i THE SEllVJCE PRESS• HAI.USONBUR.G, VA. - of the Commonwealth. �Commonwealth v• ) Larry li tness 1 Dofflemeyer To July at mcUTED 27, 195L~ 9:00 a.m. 7-'3-d ROCKINGHAM BY EL COPY Subpoena THE COUNTY or �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham Y 01, are hereby commanded to summon.J..~....R., ... Jfl,..c:pq:,:m.., ....M:r..$..~ ...J..~...R! County, .... Greeting: :SJ.9.~9JP. ....,........... El.w.o.o.d ...W.r.ight.,...M.:r.~ .•.... EJW.Q.9.9...Wr..i.gb:t., ...M.:L$..~ ...L.9.t.t.i.~ ...M~~4o:vrn., ............... . W.r.~ ..~ ... P..~W.~Y ...U., ... P..9.f..f.J~rn.y~:;r;- .., ... Cl;;\;r.}$; .. P..9.f..f.~~mY~.r, ... P.9.APJ~....P..9.f.fl.~:7: ...... . tµYE?J:'., ...M.:rJ~.! ....0:9J..4J.~ ...M.'?.~9:9.W.~ ...................................................................................................... . ~iE:3t~~:~~:;::t~~~ > Va.) to appear before the Judge of the Circuit Court of Rockingham County, at the Cottrt House thereof, t:f,' " -i::f)- o'clock, at say in a. m., on the2.7t.hday behalf of the Defendant of............ J.ul.Y, ...................... 19.54.. to testify and the truth to in the prosecution of the Commonwealth against....................................... . ..................................... L.ARRX. ..M.l.!/l'ON.. ..P.0.f..f.LE.MYER. .................................................................... . who stands charged with and indicted for a felony~1.lf!!ll.11Ph 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 ..24th d,y of ;[)l,l,y, •• 1</5.4 , ond in th.;179t):i/~dl'~ • ......... Cl,,,k ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to mmmon.J ..~ ...R.~....:6,J,9.;x:9.m, ...M;r..~.! ... .-l. ..~ ..B.~....~i9.;x:9.~L ........... Elwoo.d...W.r.ignt.,...M.r.?. ..'! ... E+.~9.9.4. ..W.:rJ.gh:t., ...M.:i..s..s. ..~C?.:t.~:i..~ ...~t~.~~~~~., ............... . 14.r..$..! .... P.~.W.~Y. ..fi.! ....P..9.f.JJ.~.~.Y.~~, .... 9.~.a..~:k. ...P~f:f=L.~!fiY..~~, ...P.().~.1-.~ ...P..?.~q ..~.~...... . m.y_e r..,.... ¥.;i;-.~. ~....G. o.l.¢lj ..~...M.~.~.49.~ .~..................................................................................... . ................................................. C~JJ ...~.dfl.1 ... ~.:pc~CJ.r:i, ....Y.a.•.} ......................................................... . a.:nd...G~o.-r.g.~ ...ll~n~.:i.~.Y ............................................................................................................... . ..................................... (E.l.tt.o.n., ....V9:.,}................................................................................................ . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, a!-J/o'clock, say in a. m., on th~.7tA.day behalf of the Defendant of. ......J.v.J,Y., ................ 19 ~4 .. to testify and the truth to in the prosecution of the Commonwealth against....................................... . LARRYMILTONDOFFLEMYER ................. ··································· who stands charged with and indicted for a ........................... . felony misdemeanor. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court Home, the ...24th day of ....J.uly., ...............19 .. ,54, and in thel79ijpei; ........ . of the Commonwealth. r/~r:z/~········ ..... , Clerk �7-2.~-=-~~ THE COUNTY Or ROCKINGHAM BY DELIVER a.ECUTED COPY �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: to apPiar before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, 9: jQ at "JJD(o'clock,a. m., on the.2.7.thiay say in behalf of the Defendant of.......J.ul.y.,............................ 19 .54.to testify and the truth to in the proserntion of the Commonwealth against........................................ ..................................... .La.rr.y ..Mil.ton ..D.o.f.fl.emye.r.................................................................... . 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 .......i{rt.P.: ..... day of ........J.uly,........... 19.54 .., and in the l. ear,o the Com onwealth. �.aECUTED ?-24-~iN THE COUNTY Ol' SHERIFFROCKINGHAM COUNTY. �TRIAL JUSTICE COURT Criminal Docket N~ 14972 Com'th Defendant l-1--19-54in Circ,_:~.t 80,irt Indicted a.ml Capias issued. Appearance Date Trial Date A �� 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 Larry Milton Dofflemyer Subject The topic of the resource Felony Seduction Description An account of the resource Defendant charged with felony seduction (note: nudity) 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_009 Dofflemyer https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_007_commonwealth-v-lawrence-dean-and-floyd-shifflett.pdf d2ac95a7fca52425c31bd8e9cf6afe11 PDF Text Text Motions made during the afternoon of Thursday, June 17,1948, in the matter of Commonwealth vs. Lawrence Dean and Floyd Shifflett,--which motions were made in the Judge's Office, in the presence of said defendantso Mr.Hammer: Your Honor, sustained case, please, matters morning Your Honor during action a mistrial was taken the absence jury which had been impanel}ed ' I . our motion to declare on the ground that certain this on the-se- in the case~ on of the accused. The was in the box, and has been dismissed • ,~ .There has now been a new venire summoned for the trial of th.e-se case~. It is the position the impana~ling ready of a new jury will committed. the absence of the defendants The indictment of the accused. upon the amended indictment. defendants returned two arreignments, by the grandjury, The action of declaring a new jury, to declare there voidab.le. by the grand defendants jury was sustained. morning, they were arraigned indictment, in our opinion, although The action was not a void act, and it and impanelling our motion of the Court but, appears between the indictment and the indictment in our opinto us, that returned as amended and to which the have pleaded. move Your Honor to quash the original and the amended indictment ther, amended during one on the original a mistrial, variation We, therefore, /,. al- Tb.ere have now been for these It would now appear, is a material the error was originally On this case that and one on the amended indictment. in amending the indictment ion, not rectify does not remedy the situation, a mistriAl in this to dismiss the venire for the foregoing summoned in this reasons, case. , and, fur- ��whether The Court: In the Court's the Court's action in overruling sustaining the motion to strike indictment was void or voidable. was without counsel any effect moved for a mistrial on the ground that void, and when the Court sustained he sustained everything, original starting and effect. It from therebn, time is that original the arraignment said plea several of not guilty. motions it was an il- motion it is the Court's a mistrial, to the and the situation we are proceeding on the of the two defendants ·.d1erefore, of the defendants by counsel. felonious thing Your Honor, please, on the ground that offenses, the ------------ Mr.Hammer: several thereon, the Court overrules -~-----------the indictment opinion, that of the demurrer is annulled, of the case~ at this it defendants' the defendants' with the hearing indictment, was void, and was, therefore, the motion to declare indictment, and their action to the defendants, and of the original If it was voidable, act, after parts If said legal then became of no force it is immaterial the demurrer certain at all. prejudicial opinion, one a charge assault, it to demur to embodies two complete of co~iracy and for the further as a conspiracy we desire and the other reason to commit felonious and that assault, there of is no such under the stat• ute. Now, Your Honor, please, dictment, without waiving our former objections, Lawrence Dean and Floyd Shifflett together for the purpose jury upon H.E.Taylor, disfigure, disable, we move to strike with intent or kill, the charge "did conspire of committing from the in• and confederate an assault and bodily him the said H.E.Taylor and in pursuance that of said in- to maim, conspiracy �f �and confederation"--. We desire that that portion of the indict- ment be stricken. 1 The Court: indictments the offense law it is an offense is the Court's indictment, charging two offenses. that if that and distinct part of the felony for conspiracy assault. However, at common the present indictment the demurrer stated offense, is. a felony the motion to strike is overruled. above, is merged It is the referring does not charge a sepa- of inducement in the indictment. to or a ·there- is overruled. Mr.Hammer: '1'o which counsel for the reasons assault, in the indictment charged It is not bad as charging but is a matter actually act. in the indictment, the indictment any language authorizing does not to commit any illegal any is charged for reasons rate statute the commission of a malicious and that opinion the Virginia cases to conspire Therefore, a conspiracy, fore, specified opinion the felony, that of malicious and the conspiracy, Court's is true in certain include into It heretofore for the defendants except, assigned. Mr.Hammer: We object 3 the charge although felony, turned position does not embrace therein the charge of conspiracy on proof and conviction, an indictment, charging of the accused a conspiracy ~elony to the charge to the charge; that to commit felony, therefore, embraced in the charge the elements that of conspiracy; may be merged in an indictment after the grand conspiracy this jury without the element to the jury for the reason jury. jury has re- and a felony, it is the could find them guilty convicting them of a of conspiracy should be of for ��__ 4 ... The Court: referring actual and that (The Court has already to a conspiracy allegation that the indictment the objection in this to the charge anything committed a felonious only the felony.) the assault Therefore, is overruledo Mr. Hamm.er: The defendants, ruling that ind:btment is merged into the accused charges ruled by counsel, of the Court for the reason object to the aforesaid. ------------------------------------------------------------------ ��l. ' Mctions(in said case of Commonwealth vs. Lawrence Dean and Floyd Shifflett) in Judge's Office Friday afternoon, June 18, 1948, just a little while after going into said Office, after court had been adjourned until evening. Mr. Hammer: Your Honor, please, in this heretofore assigned case to declare in the opening sire, Your Honor, please, trial in this in regard instruction that evidence to the jury, his evidence at this time desire of Perry of this for the reasons case. We also instruction Bailey, that that Floyd ~hifflett shooting or of assault of which was to warn the jury for the reason was guilty and battery. out motion to strike the evidence Dea~ for the reasons heretofore a mis- it was a singling to renew our motion to strike evidence de- of the Court be viewed with undue caution. the case ~s to Floyd Shifflett, fully a mistrial the verbal the effect should to renew our motion ~o renew our motion to declare case, as,under to the we desire the evidence that there of unlawful We likewise We also was no or malicious desire in the case in regard assigned in to renew to Lawrence and to be assigned more in writing. The Court: Gentlemen, sidered, and overrules all all these motions have been heretofore and the Court adheres of said motions. to .his previous -.e...-,t,~ conruling, ��V The Court's rescinding of ruling on certain former motions, and the renewal of said motions, and overruling of same by the Court, in the Judge's Office, before the re-convening Friday evening, June 18,1948, just of Court for the evening session. The Court: counsel, Gentlemen, when we came beck to Chambers for the purpose of consider.ipg some of the instructions had been offered defendants ~enewed certain connection with this trial, It has been suggested sonally present being uncertain Mr.ffammer: counsel at this for the motions in time overruled. were not per- were renewed and made, and the Court, or were not, of both the accused room from Chambers, rescind and does now offer the Court doth and before having any ruling he may have made to the said defendants ever returned the right to renew said motions. Without waiving any right,-which The Court: All of these ence of both defendants, the trial of this case, time, of said motions I understand of the accused, waive said rights,-however, time renew said motions all counsel other the defendants they were, cannot waive any rights themselves the law or nor can the accused in view of the Court's as heretofore motions, ruling, dictated. now being made in the pres- have been made and considered, and for the reasons Mr. Hammer:n To the ruling except. motions as to whether on said motions, and option and made certain to the Court that and after to the Court, which the Court at that when these now, in the presence to the court motions the instructions, then stated before, during from time to are overruled. of the Court, the defendants by counsel we �,, �(t) June 17, 1948. Commonwealth On an indictment vs. for a felony (felonious assault) Lawrence Dean and Floyd Shifflett This day came the attorney the accused, their for the commonwealth, and Lawrence Dean and Floyd Shifflett, recognizance and by their and Sam P. Conrad. attorneys, And counsel came pursuant to A. Hammer, Gr., Charles for both the accused having here- Xli:lUlt>a1~~ooo00C1Jt>c!l'Dtl10elGCIQtlftCMlc:JOi~~~j@igpa;ofore, in the -fth- absence of both,accused, demurred quash the same on the ground that offenses--one having a misdemeanor heretofore accused hav~g included ov~rruled o-f s.a.:,a.. a ,. . felony--and of two . the Court d~murrer and counsel moved to strike as to conspiracy, and moved to charges the said of both. accused, also heretofore in the indictment it and the other informa~ly to quash in the absence to the indictment and motion for both· the out the allegations and the Court in the absence 1' • of both~accused haying_sustained having and renewed said.motions appeared appeared before qemurrer and motions this the bar of this having day made a motion for of the jurors another,6ffense sideration said motion~ and counsel sat tried of said Court this change of venire at this demurrer term or Court and motion to quash and the motion for tained charging on the~ pl e~t day, and the aforesaid the motion to strike having some Lawrence Dean, for the Court, both overruled after said a change of venire from the indictment I'. also on the ground that of the accused, and motions day and both accused having been renewed and counsel on the trial this demurrer and sus- the portions ' con- thereof a conspiracy, and thereupon bothAaccused were arraigned the portions charging conspiracz,_and thereupon indictment as amtnded by striking,._ each in person guilty.to the same. �I �And from persons facias, summoned by the sheriff twenty persons qualified and free names of said were examined by the court from exception; twenty persms commonwealth and counsel struck therefrom w. T. namely: A. R. Scott, under a writ whereupon a list the accused, Roys. Heatwole, said to constitute true deliverance for the thJ remaining Claude Berry, twelve, G. Roscoe Knicely, Sandy, and C. E. Lokey, seledted the jury, the C. B. Beubush, M. G. Newman, Ashby Fitzwater. Moyers, Joe Kagey, Turner conta:lning who each alternately the names of four persons, Leavel, and found duly was handed to the attorney for ~ of venire were sworn to well and truly J.B. as aforetry and make between the commonwealth and the prisoners law and the at the bar and a true verdict render ,according to the/evidence,xatK!i .And the Court~declare that the Court passed to strike informally to when neither of accused said declared motionland attendance on this are insufficient acting under Section by Sections try w present And it prese~t 4896, the ·Jury from to the ·court ih t there from the jury.list following twenty-four the Court, as provined jurors to said case, namely: J. Hollen, A. Wampler, Jr. , A. Roy L. Frank, s. Harry Kiser, J. F. Byerly, c. Isaac Long, Robert F. Garber, C. Shifflett, Beery H. May, J. Moore, Dee C. Smucker, L. C. Hutton, H. Westbrook Hawkins, John H. Rolston, Layman, Garold Myers, D. C. StickQey, \ Court sustained to try both the accused, selected 5988 and 5990~he ~ and discharged to and above referred in person• appea·ring on the ground above referred of the indictment a mistrial case. jurors on~demurrer I parts certain a mistrial William ,( Frank. l ~ ~ "- ,. f Chas. W. Raymond Weaver, o. Beard, Joe R. Rhodes, John D. John P. Zirkle, Paige P. Price, Hubert B. Harold E. Shomo, and C. ;j:;.L, r- A,(,{,f. ~H,/ ~ I �I I ; I \ I I \ �The defendants -ot•iilii-~, by counsel, moved the court to quash the original and the amended.indictment and further to dismiss the new venire summoned in this is a material variation case on the ground that between the indictment \ ~reupon, court returned by the and to which the grand jury and t~e indictment defendants there have pleaded&. the court -.,ruled upon the demurrer was void or voidable by the action the previous and motion to strike and that of the court case now stands that all part such previous in declaring on the original action of the indictment rulings a mistrial, indictment, of the were1nulled and that the the arraignment of the two defendants thereon and their respective pleas of not guilty, to quash the indictment and dismiss the venire and that the said motion/should be, and is accordingly, hereby over- \ ruled. assault and bodily the said injury H. E. Taylor and in pursuance moved that that upon H. E. Taylor, to maim, disfigure, of said portion ·conspiracy with intent disable, or kill, and confederation", of the indictment him (and be stricken~which demurrer and motion aforesaid the court overruled, to which action zld~ of the court in overruling said demurrer and motion, the defendants. by counsel, And the defendants, the jury excepted. by counsel, for the reason the elements that of conspiracy; be merged in an indictment after that felony the charge although for felony, the grand jury has returned spiracy and a felony, this and %md it Ju:ry/could find without convicting object to the change to does not embrace therein the charge on proof of cpnspiracy and conviction, an indictment, is the position them guilty charging charge; con- of the accused of a conspiracy them of a felony may to commit therefore, �The defendants Q17TS!ia~, by cormsel, moved the court to quash the original and the amended ·indictment and further to dismiss the new venire summoned in this is a material variation case on the ground that between the indictment grand jury and t~e indictment defendants ~ there returned by the and to which the have pleaded 1 ~ defendants, ,~u .., m•!!!l:ltll!ffln demurre,d. by counsel on the ground that it embodies two complete one a charge of conspiracy and the other and for the further that conspiracy reason to commit felonious and the defendants, to strike by counsel, that and confederate together and bodily the said H. E. Taylor and in pursuance moved that §emurrer action~ that by counsel, And the defendants, the jury that of conspiracy; that felony the court this of committing an with intent disable, him or kill, be stricken~which overruled, said demurrer convicting object although for felony, and %iucXit ju-ryjcould find without "did .conspire to which and motion, the to the change to the charge does not embrace therein the grand jury has returned and a felony, former objections, and confederation",(and by counsel, be merged in an indictment spiracy as a excepted. for the reason the elements waiving of the indictment in overruling assault, moved the court Floyd Shifflett conspiracy and motion aforesaid defendants. after without to maim, disfigure, portion of the court zn:tq thereupon upon H. E. Taylor, of said offenses, under the statute; for the purpose injury and several is no such thing also Lawrence Dean to the/indictment of felonious assault, from the indictment, the charge assault there %J <:.-1AL the charge of cpnspiracy on proof and conviction, an indictment, is the position them guilty may charging of the accused of a conspiracy them of a felony charge; con- to commit therefore, �I I t �~he element the jury; .a~bi ~to assault court of conspiracy ~-<-Li£ and" ng pefer:rriee and tbat &,:::th of the court be embraced in the charge l ttP'v'- tnereup tAQ actW?l should n, (...tbe court t a c&ftetti»&.o,- e1 ¼aontiaB the umt 1Aa.-.e1'$ overrule~said rulaa :emt in '98ie inii:c taw1tt=le, me1ged tae aecae,eli Cfflft;es objections the defendants, bauiJaS ilPead;r, to ..;t1y ~ted tQ& to the charge, by counsel, excepted. a ·Te±o~s faJ.e'.t1)7")the to which action �.• �th\ 5 0-Aj And from the venire summoned as aforesaid for the trial " of this case, only sixteen ing responded tion, and being found duly qualified thereupon, the attorney sent of the court, said panel, (16) of the persons waived the striking from the names of four persons therefrom, Shifflett, Jno. P. Zirkle, Hutton, selected to well and truly thirty J. F. Byerly, as aforesaid o'clock. struck the remaining A. S. Ki~, there- twelve, Isaac Beery H. May, J. try to constitute and true deliverance the jury, C~ o. Beard, were adjourned until were sworn make between the com- at the bar and a true to the law and the evidence, of the evidence, from excep- H. Westbrook Hawkins, Harold E. Shomo, and L. C. monwealth and the prisoners according attorneys, Robert F. Garber, Roy L. Frank, hav- of his four names from the by their J. A. Hollen, and free venire for the commonwealth, with the con- and the defendants, namely: in said verdict render and having heard a portion tomorrow morning at nine- �this c!ay f-0:r the �VIRGINIA: ~ 1k !/ufi1!MneCef'oU#t <y.Wea~ i'n 'tJ,e ~o/ ¥7P/l,,,"ckmond on Wednesday, Upon the petition writ of error by the 1948, ers Circuit in a prosecution for a felony; the petitioners bond if of Lawrence Dean and Floyd Shifflett and supersedeas Court held at tk Cef'owd-~ fJAui/dvn!f th,e 17th dalf ty November, 1948. is awarded of Rockingham county them to a judgment on the by the Commonwealth against but said supersedeas from custody, if is not in custody, a rendered 23rd day of June, the said to operate or to release petition- to discharge their out on bail. A Copy, Teste: ~ Clerk �Order of Supreme Court / �COMMONWEALTH OCT 1949 vs. Felony LAWRENCE DEAN and I' (fa) J- l, 1 FLOYDSHIFFLETT I ' 7/J 1s,.j-- h " J-~ I fo':yfa 1 -/ F ��-· This day came the attorney for the commonwealth, and the accused, Lawrence Dean and Floyd Shifflett, came pursuant to their recognizance and by their attorneys, Charles A. Hammer, Jr., and Sam P. Conrad;and Counsel absence quash of both the ~ .µ .µ Q) rl ft-4 f+-4 "' CJ) CJ) Cd 1J) ~ 0 ..... ..-t Cl.) ,0 .d 'd c having accused, accused havflng also indictment other charges the said of two and counsel n the Court demurrer moved to strike c, and moved to a felony--and accused, 1 in the and motion both far the out the allegations .the Cpurt n t.he absence rl accused hav~ng having 0 rl appeared before demurrer ~nd motions "' A heretofore, included overruled heretofore I>, Q it and the as to co in the having to the that to quash in the absenc.e of both rz. A demurred informally 'd ,a, the accused a misdemeanor heretofore Q) of both ft-4 >. ...._,, 0 rl both same on the ground ,....._ offenses--one .µ rl for A Q) appeared sustained and renewed said said mot_ion,. and counsel motions the bar of this Court and both this day, this accused day ha~ing and the aforesaid ft-4 Cd having been renewed and counsel having also Q) Q) 0 Q Q) M M 0 ft-4 .this .µ of the s:l a: ~ Cd .µ ,..::i I> '8 -rt .d .µ § r-:-1 jurors sat anothe:r,bffense for change on the trial tried at this of venire on the ground of the accused,_Lawrence term of Court·; tha~ some Dean, for the Court, after overruled said con- 0 -rt CJ) day made a motion "' g sideration of said and· motion to quash and the motion. for· a change tained the motion demurrer to strike and motions from the both of venire indictment d~murrer and sus- the portions thereof Cl) ~0 ~ 0 char n a·cons on the «-::1.ginal c, and thereupo indictment both accus8Jf:ere arraiffd as amended by striking/and each in person (.) •P 1. e d not guilty Swearing of the And the~eupon that motion attendance are ~jle jury passed to strike to when neither said t Jury ~moti oZi that the Court the motion .;G certain of accused on this insufficient the Court informally and declared case. jurors charged. declare of the were present a mistrial ' present indi·ctment in person• appearing both on the above referred and discharged to try • a mistrial on demurrer parts And it / ground to and above referred The Court the to the Court the accused, jury that sustained from there the Cour~, �• �acting under by Sections try said Section 4896, selected 5988 and 5990 the case. from the following jury twenty-four list as provided jurors to �• �Commonwealth On an indictment vs. for a felony (felonious assault)· ~awrence Dean and Floyd Shifflett This day came again the attorney for the accused the ubuiLcboux, Lawrence Dean and F~oyd Shifflett, commonwealth, and came pursuant to their recognizance and by their attorneys, Charles A. Hammer, Jr., and the jury impanneled and sworn for the trial of this case came and Sam P. Conrad;/and having completed the hearing of the evidence, the jury was discharged court, seven o'clock p. m. And thereupon, th!:.c and%imx c7""i. for the commonwealth,/attorneys for the accused, the attorney until retired into chambers, and %llxxnncounsel~ for both of said accused \'~ x~µ~ renewed the following motions: xatwxxwwKXJ!li~ :amlx~~ to declare of this verbal a mistrial case; to dedlare instruction Perry Bailey, the effect for reasons a mistrial that it was a singling for the reason Floyd Shifflett or of assault regard was guiltylof and battery; that that to strike more fully ruling all before the re-convening judge of this wealth, attorneys son, retired court that certain court, chambers, neither in the presence with the attorney excepted. p. m., the for the common- and it having been suggested was present for the defendants, of both of the accused, to the in chambers when other thereupon, before ~er- motions the court having returned r) into Emlll:tx the court room, re~inded and And and both of the accused were mxrix renewed and certain were made by counsel assigned to which action at seven o'clodk of the accused case in the court, its adhered to xrlli: previous by counsel, for the accused, into motions together in this of said motions; of court shotting Whereupon, said motions, the said defendants, in the case or malicious heretofore having heretofore.considered of the court, should was no eviaence the evidence in writing. and doth now overrule his evidence there unlawful of to the jury, the evidence to Lawrence Dean, for the reasons to be assigned case as, _under the instruction to strike in the opening to the evidence of which was to warn the jury as to Floyd Shifflett, assigned in this of the Court in regard be viewed with undue caution; that heretofore any ruling made on the �,.. J • J. -. t ,.n J. t r • .) ·• �aforesaid right motions and option defendants, and offered to renew said motions. without as heretofore waiving all any rights, made; and all made in the presence considered of said motions, excepted. accused,pursuant to their A. Hammer, Jr., to adjournment, and after returned the following dant, intent, punishment retired the arguipent to their verdict: by confinement We, the jury, charged in the indictment, of ~unding thereupon, set aside for fifteen the verdict other in this reasons case. verdict is contrary and the defen- and fix his for two years. guilty by confinement in the H. E. Shomo, Foreman." a new trial assigned as the defendant, And moved the/ourt to on the /round to the law and the evidenceVand to be hereafter the their court find and abetting by counsel, arui grant of counsel, Floyd Shifflett, of aiding months. the instruc- H. E. Taylor with in the penitentiary both of the accused, said into in the indi~ent, the defendant, case came room to consider ."We,the jury, Lawrence Dean, and fix his punishment Penitentiary of this some time they came again as charged find attorneys, &JmX And having received Lawrence Dean, guilty malicious and by their for the trial and having heard verdict, there- and Sam P. Conrad; and the jury im- pursuant w2x2Xthereupon having re-convened, recognizance and sworn as aforesaid jurors the defendants, for the commonwealth, both of the panelled of the court of the court And the court the attorney tions now having been heretofore and having been r doth now overrulillgX]U[Xli.x to which acjion ~pon, came again Charles renewed said motions of said motions, the court the And the said of both of the accused, by the court, by counsel, to the said defendants in writing for and filed that �, ) �K. JULIAN HICKMAN ATTORNEY HOSTETTER AT HARRISONBURG. TELEPHONES o.-.-,cE 109B RESIDENCI! LAW BUILDING September VIRGINIA 10, 1948 947-R Honorable George D. Conrad Commonwealth's Attorney Harrisonburg, Virginia Re: Commonwealth of Virgi~ia vs. Lawrence Dean and Floyd Shifflett Dear Mr. Conrad: This is to advise that we will on this date apply to the ClerK of the Circuit Court for Rockingham County, Virginia, for a transcript of the record in the above captioned case. Yours very truly, (2//;L~ {7fl1a;K( if"&1man JKH/pbp Legal and timely is hereby accepted. service of the foregoing notice ��VIRGINIA: IN THECIRCUITCOURT OF ROCKINGHAM COUNTY COMMONWEALTH OF VIRGINIA vs. FLOYD SHIFFLETT This day came the defendant, and assigned the following verdict of the jury cious assault, tentiary returned Floyd Shifflett, in person and by counsel, as the grounds of his motion to set aside the on June 18, 1948, finding him guilty of mali- and fixing his punishment at confinement in the State Peni- for a period of fifteen months: (1) That the verdict of the jury (2) That the verdict of the jury was contrary to the evidence. (3) That the verdict of the jury was contrary to the law and the evidence. lV8S contrary to the law. (4) That the Court erred in admitting certain evidence offered by the Commonwealthand in refusing (5) to admit certain Tha.t the Court erred in overruling evidence offered by the defendant. the defendant's motion to quash the defendant's motion to strike the indictment. (6) Tha.t the Court erred in overruling the evidence at the conclusion of the Commonwealth's case. (7) That the Court erred in overruling the defendant's the evidence after (8) all the evidence had been introduced Tha.t the Court erred in granting Commonwealthover the objection (9) certain motion to strike and to declare a mistrial. instructions offered by the instructions offered by the defendant as being an aider of the defendant. That the Court erred in refusing certain defendant. (10) That the Court erred in singling and abettor and in singling out ~his out Lawrence Dean as being the principal. ��VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY ~M '/,,.,I-'/6 COMMONWEALTH OF VIRGINIA vs. LAWRENCE DEAN This day came the defendant, and assigned the following verdict as the grounds of his motion to set aside the of the jury returned cious assault, tentiary and fixing Lawtence Dean, in person and by counsel, on June 18, 1948, finding him guilty of mali- his puni~hment at confinement in the State Peni- for a period of two years: (1) That the verdict of the jury was contrary (2) That the verdict of the jury was contrary to the evidence. (3) That the verdict of the jury was contrary to the law and the evidence. (4) That the Court erred in admitting Commonwealthand in refusing (5) certain to admit certain That the Court erred in overruling to the law. evidence offered evidence offered by the by the defendant. the defendant's motion to quash the defendant's motion to strike the indictment. (6) That the Court erred in overruling the evidence at the conclusion (7) That the Court erred in overruling the evidence after (8) the defendant's all the evidence had been introduced That the Court erred in granting Commonwealth over the objection (9) of the Commonwealth's case. motion to strike and to declare certa.,n instructions a mistrial. offered by the offered by the of the defendant. That the Court erred in refusing certain instructions defendant. (10) That the Court erred in singling and abettor and in singling out Floyd Shifflett out this defendant as being an aider as being the principal. �l �uat 29, 1948 orney r1s ◄ 0 +> ..... 0 O'I ~ 0 r4 t-t O'I (I) a, (') -t, 4) 0 t➔ f -t, a (') ~ ..... • 0 CQ -t, G) "' 0 < -t, -t, ~ >e r r. o r s 1·s • on Sp d, Os ~ 1, 0 t:: ~ ..... ,.. 0a, ,.,.. (f-t 1rg .... 0a le -t, 0 b oc Harr n t e a -t, ..... n•' C 0 t: y t • , , J H/pbp L ] er 1 7 �Notice of of Exception for Presenting Certificates to Com. Atty. , ( ( �J INSTRUCTION NO-r The Court instructs and Shifflett against that other are on trial the jury that only for the offence them in the indictment, thy are not at liberty law violations of the accused t 1n this and the jury to oonsider in considering cas, the accused Dean -j ,. alleged ~re instructed evidence the guilt ., or or innocence I -? ,._.,.,, ~~ll~~ 'ff()... ------------..----------~--------~---------------------------~- �\ ne C b aau b on Il .o!'lfll -~') ~ . ) r- m!TOUH ir ;.·ut er!t .:tou 1.tenl .i'IIJ'oo eo1.1al'lo erl;t ~o'l "tlin I l'I.t ao _'Ill ;t.tal'l'l OE "IO .d:t :t rl d'Ilu er!.t e_ n.t'lebferroo .n:~ Jt'Cl:t .[olv r!T 'II' re. l 'I !1..8 rl.to �INSTRUCTION NOY. The Court and Shifflett against that of the are on trial the are not at liberty law violations in this jury only for them in the indictment, they other instructs that accused the offence and the to consider in considering the jury alleged are instructed evidence the guilt Dean of or innocence case. ~~------------------------------------------------------------ �fO ne'l'lo ~ege!I b :t"'l.I'! a.al 'l •tut 'lo eoneblve ed ·: 'IO'l "tiao r{j I.sl"Ij no a ;t;teI1:'l d8 bns .par , '!eb' •n .> _, ~UH... WI 0:1 ;:h:edlI j.e j ,n e'I.s [!j j_:, j �INSTRUCTION No.A The Court instructs in this case that H. E. Taylor was the aggressor Floyd Shifflett up the jury that if you believe and the defendant, any fight1~w~~or whereupon Taylor struck Dean reasonably and made an attack Lawrence Dean, in attempting and Shifflett, tried to separate the said Lawrence Dean, and that on to break the two, the said Law- apprehended bodily harm, that then he had the to use such force as he reasonably himself. from the evidence deemed necessRry to protect �r �INSTRUCTION The Court reasonable doubt hypothesis except NO. instructs is one that that X. the jury excludes that a every reasonable of guilt. ' ( \ �.X .J~ I • noe.s 'I w 1;t B 'I I a .rU a uroxe; 1 OJ.. I ;t rlJ eno tJfIT8ijI t uo" f T L 'IlOB ' ~ �INSTRUCTIONNO~ The Court believe instructs from the evidence was the aggressor apprehended bodily harm, as was neessary lieve that the said reasonably k~ Floyd that Shifflett him not guiltyr ~ ~- that case that Shifflett himself, OT~~l ~ they H.E.Taylor reasonably to use such and if you be- used only such force to protect . himseI. ~~ ~ ~~~.~ ~·~ ~~+-· if he had the right to protect deemed necessary find jury in this and that force should the ~., as he then you ~ ~lt°""" /Jr::. ~-=; ft 4 �ITO ... ,J T. .H d".e.rUe so el 'IO nl fj' eonel lve ed IO_ V eI11 erl;t .b rr 01/ n - d JJ 81 S 80'IO'l r d d ld joe1o t 01/ ed 0 j' be u d"d"eI1 ov. ne j J ----LA....., Ilbo b en e.s V.'I.8 • e rrerte'I< 80'IO'l dd" d".snj evelI �·- .....-· - ....... .. --------· ·-...... . _., ................ fl �• �.. ___________, ........,....,.........,. ...,...,.. _____________ And each of the accused ..,,,..,.. having the Supreme Court of Appeals the judgment that of this court, July the court suspended 8, at which time, is being this copied, court said if able it accused, he would apply to suggested of said or either sentence that 'Iand of said defendants, Blanche B. Stanley, ~ law, and having herein until the record of them, may apply to extended. And the attorney for the commonwealth having made a motion for additional on the bail to to the court to have the record is made to appear to have the suspension .,. for a writ of error being execution .-., that of Virginia and it ._,,_J ~ indicated they might not be financially copied, __ thereupon, Ernest security C. Shifflett being examined and sworn according -to "O"' M al Q) thereupon justified as to their .Cl sufficiency, M the said Lawrence Dean and Floyd Shifflett, C. Shifnett and Blanche and acknowledged B. Stanley bon~ payable the -p-en~lty o~ Twenty-five . to the with as their the said surety, Ernest entered into ~ Commonwealth of V'irginiaAin Hundred Dollars, ($2500.00J~ QY .Cl .µ z ~ condi-l tioned and payable according to law for their personailla(xx : and to such other time or times to which this case ma,z be conappearance before this court on the 8th d~y of Juiy next,/and not to depart I thenee-without recognizance void by order until this leave o~ ~ourt, -charge 1-s finally of a -competent. court. and be bound under tbis disposed o-r or is declarea· , ���----...,........,._ ~-.,,.......--....------------~. j· �Karch 18~ 1949 Re: Lawrence Deen and Floyd Shifflett v. Commonwealth Record lo. J5ll Mr. M. B. Watts, Clerk Supreme Court of Appeals or Virginia Richmond, V1rg1n1a De&r Kr. Watts: As requested in your letter or yesterday, I am sending you herewith by registered mail •couonwealth•s Exhibit l" ~nd wzxhib1t l or Defendant• 1n the above oase. Mr. J. K. Hiokmhn, attorney these from the record. for the ~efe~ants, selected Yours very truly, J. Robert Switzer, JdS:mb Elles. 2. Clerk �:t 1 l:. l t 'l �CHIEF JUSTICE: EOWARO W. HUDGINS SUPREME JUSTICES:. e. HERBERT JOHN COURT M. B. WATTS OF' APPEALS CLERK, GREGORY W. EGGLESTON C. VERNON SPRATLEY ARCHIBALD C. BUCHANAN ABRAM P. STAPLES WILLIS 0. MILLER WILLIAM OF' VIRGINIA DEPUTY RICHMOND W. SMALES CL.UUl, Richmond 10 March 17, 1949 Re: Lawrence Dean and Floyd Shifflett Record No. 3513 v. Comnonwealth Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Dear Mr. Switzer: In the case of Commonwealth v. Lawrence Dean and Floyd Shifflett (now in this court under the style of Dean and Shifflett v. Commonwealth), it appears from the judge's certificate at the end of the transcript that there were certain original exhibits which were directed to be certified to this court. I cannot find that these exhibits have ever been received. Will you kindly look into the matter and if you have them, forward than to me at your earliest convenience. Yours very truly, c=:4~ MBW:lch Clerk STAUNTON ��t- ,fl'.;/ r: • ~ 4--foff~V~.... ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ...P.~.! ... .J~· ..'!..... M . .'!.....Q~~.~~.r.1..~:r..! ..Jtq1J~A ... ✓ ~.~J..~.~.r t, ....... John ...Ro.a.ch.., ..... T.o.m ...B..~1.l~.~.P.4.... J.o.h;o, ...P:ut..:r..V... ................................................... . ••••••••••••• .. •••••••••••••••n•••••••• ....... •••••• .. ••••••••••••••••••••••••••••••••••••• .. •••••••••••n••••••••••••••••••••••••••••••••••••n••••••••••••••••• ......... •••••• ..... ••••...-:•-~-- ................................................................................................................................. ____________________________ --- ___ _ .................................................................................................. -..................................................................................... ,......... _ ······-······················-···----······ ...... ...................................... ____ ......-................................................. ..,.......____ ,.__............................ _ 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. ...10.thday of Oc.t.ob.or. .................. -·········---········ 19...4.9..., to testify and the truth to say in behalf of the Commonwealth against. ...........•............. _.............................. . ........................ LAWBENCE ...DEAN....a.nd ..F.LOYILSH.IFFLETT....................................................................... . 0 •••••••••••••••••OHOOOHOOOOHOHHOOHOOOOOHOHOOHH•• .. •••••--•oouooooo••••••o••••••n•••••••••••••••••••••••--•••••••••••••n••••••••••••••• .. • .. •••-•••••••-.-.•••••••• .. •n••••••••••••••••••••••••••¥•• who stands charged with and indicted for a felony H8@m68.IK.r. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ,r.Ree£R~-9Wff"LER;-6lerlt-of om-smd£'ffllrt, at the Court House,.the .......3..0.th day of ...S.ept.embe.r ............ , 19..49 ...., and in the 1 .. Tfl ■ ,aav1c1. .... u. HAa&UON ■ Ul.<o, t'A, monwealth. �COM. V • ) Subpoena LAWRENCE DEANANDFLOYD SIUFF.LE~T To October 10, 1949 at 10:00 a.m. ~4~ !)/ �Executed the within summons at the office of Dr. N. M. Ganter, Professional Building, s. Main st., Harrisonburg, in Rockingham County, Virgtnia, the usual place of business of Dr. N. M. Canter, by delivering a true copy thereof and giving information of its import to Thelma Brunk, the person "o J.nd n ch.a;;:-ctJ e-f- -such pTace qf bustness,this 30th day·o~ Sep ember, 1949. for ..!::!t&ki;·d:c~~~~, ~:::,;::. R~l.• ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ~.✓....-:;!/..~..~.., You are hereby commanded to summon...... fy•:••-;p•,•;-:;;:_••~::••:~••:~••••••••z;••••••••••••~•••••••••••••••••••••••••~•••••n•••-•••••••• ~~""; .. .. ••••••••••••• ........ ,~..~n.c-7- ..~..>=:-:. .... /~ .......... . : ~ .......................................................................................................................... ........... • to appear before the Judge of the 9!cuit at 10 o'clock., a. m., on the.f.Q..½;y ' C<nrt o);,Roclu7gham County, at the i::O#rtHouse thereof, of.......... ~'. ................. 19 ..4,,o t1tify and the truth to ~~~.~ .. :~~,.·~·~.k;:;::;;;'>;~~_z.;::;.. ..~::::::::::: ................................. --·-.-..... ,_I_., ....... ,............... ,.... ,... ,.. ,............................ ······ ........... ,.......................................... .. who stands charged with ¥nd indicted for a felony mistlemeano,. And this you shall not omit under penalty of £100. And have then and there this Writ. WitneJA--f•_ROJJERT 'SWITZER, Clerk. of our sa~t, at the Court House, .the .~ day of .~~........... 14..7,and in the/./ . .. ye ....... of the Comm nw_~alth. k. ��In the Name of the Com~onwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to S#m11tMl ..... County, Greeting: #.:.~ .... x~.~~ ....... . .~·~:··;~·~:·~·········-;;p·-p········1··········y-;~·~················································· ..............:........................ . r-•~•7•u•••~•~•/••••*••@•~•••~•r••••••~~••••• to appear before the Judge of the.2i£~it CO#rt gJ Rockingham CO#nty, at the Court House thereof, tl...~ ...... 19.d..9to at 10 o'clock, a. m., on the./.~/.1t;ry of ......... testify and the truth to ~:'';;;::;:;;::;;~:./..~;:;;;:;~:::::::::::::::::: ~~~.~~ .. .. ······•··•····•••••••••••••••••••••••• ..••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• who stands charged with and indicted for a felony 1'1"tkmeanac I" And this you shall not (!mit under penalty of £100. And have then and there this Writ. !./.J.:t.!.. ... WUn,u, J. ROBERT SWITZER., C/,,ok of ...-_uj,IJ!;l_t, ,t the C...-t H.,..,, the ... J,y of~ ,94._1, and m the/1//./;t.;",M...~. ' Cle,k ��In the Name of the Commonwealth of Virginia: ............................................................................................................................... -~ ....................................... . to appearbefore the Judge of thf!i!Jf!!!I Court Rockingham County, a:,J_J,eCourt House thereof, at 10 o'clock., a. m., on the./f~of........... . ................-::.. ..........191:/Yto testify and the truth to ·:.~.::·'.~~=~~-:7;;;:;:•~. ······ ...... ············ .................................... ........................... ,,. ······ ......................................... ··········· ....................... ~.. �.It ~ g. s- i g t~ ~ ~ I ! l i �•~ ......_,...--...... -11!115C'l"ll'-_.,•~Jr..w_..,..,o ... , ___ .,.,.~ .......... t-o her. Not 1'inding...VJW:.d..d.~~5c:l:::!=C:M.-..,.11!!~"='tc'!i~~~:a 6 - ,I£'..- pt ace of abode, Executed . tn,e oopy of this--~~-' ,L. ._}_J ~ --~ ueual place of abode.~ bv deliver! "8' a Jb✓.,.-.<!.Y'. £&, J1I.M . . _ lnperssn,atsald.~~ ,J.Ulj,dr ;r- p ·-· /1 · ... member ~•::;,"'J:°#'"z.✓ -~•ain; k<,~t),(@ ~- he purport ~ r thereo' o· ��Not finding place of abode, Executed true copy of this. ~ dd,f!,,,,. • z._.,. ,Q..:.. Wij .l=. t,~ . .. --. ........ bv delrverlng •. to/ hu.l! ab"'J.th°tJ.-;;z;;• ~.~(£~.~- d....Jo a. ~ in pe,son, at said-~~ usual place of abocfe...~ ~~•::,~ily at hla ll8md . ;;:: ., eing a member the pu,port of the,eor -- ��• ♦ .P ........ ♦- •• .4 2.0 1.6 1.6 5.6 ,1,5.:, 0 * 0 0 0 0 * ~ 7/ . ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon_ ......J..Ohn ...C.r.. County, Greeting: Jr.t.ar..d ............................ ----····················· ·······················································································································································-······················---- 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 ...lOthday ............................................... 19...49 .., 0L~---·····Oc.t.0b.er to testify and the truth to say in behalf of the Commonwealth against.......................................................... . ...................................... LAWBENCE ...DEAN...and ..F.LOYD ....SHIF.F.LBT.~ .......................................................... . who stands charged with and indicted for a felony flWSQ81lHM1~8'11P And this you shall not omit under penalty of £100. And have then and there this Writ. at the Court House, the ......2.8.th. Witness, f.-R..~~~~,.~l,e~.Q.W:;.sai,d,.Gow.t, day of..S..ep.t.e.mb.e..r ............. , 19.!4.9...., and in the 1.1-r.",. -.u. ~-:::,.!rl,-= e:h!rtc Tfta :HAVIC& PUU, HAR&ltONauao, .... �COM. V. ) Subpoena, LAWRENCE DEANand FLOYD SHIFFLETT To October 10, 1949 at 10:00 a.m. C/-af./ltTHE COUNTY01' EXECUTE!) ROCKINGHAM BY DELIVERNGA TRUE C T �In the Name of the Commonwealth o.f Virginia: To the Sheriff of Rockingham Cou , Greeting: y OU are hereby commanded to summon .......Dr..•..... N.•.... lf.•..... C.ante.r........ .Dr.•.... H.•.... He.lhert., ................... ._ ..and ...R...... :E...... T.1171.er ...................................................................................... - ...... ;................................. .. ··•···································-···-···----··········-···························· ······~--·························-······-·--······...,......-- ·······································-··-······················r--·········'··········J ··············-····-·················-··············-····-•················ .. ···········'-·······••l-••······ ..................... 1 .. -·-···.Jr to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..1.7.th day of ......... ........... June .. .. . .................. ......... 1948 ...., to testify and the truth to say in behalf of the Commonwealth against ..Ls:wrenc.e.... Dean ...and ......................................... .l:Qd .. Sh1!t1o.t. ·····························································~···-························ who stand~charged with and indicted for a felony 111.iiMMUi!.MIWIII And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, tl~~¥HR;~~~ day of.........J.una ......................... , 194.8....., and in the THE SERVICE PRESS at the Court House, the .......9.th ..... . �COMMONWEALTH V. ) Witness Subpoena L~WR~NciDEANand FLOYDSHIFFLETT To June 17, 1948 at 9:30 a.m. Witnesses: 1. nr-. Canter 2. Dr. Helbert 3 • H. E. Taylor �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham -"T•••••••••••••••t'..-•-• •••••l-•••••• .. ••••••-••••--••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ................... ., ........ .,. .............. , •••••••••••••••••••••••••••••••• ••••••••~••••••••••••••••••••••••-•••--•••n•••o•••••••••••••••••••••••••••••••••••••••••••••••• •••••••••• _ .. •••••••••••••••••••••••••••••••••••••••••••••••• _..,Oo00-00•••••••••••••••••••••••••••••••••••••••••••• .. ••••••••••H••••••••• County, Greeting: .......... •••••••••••••f--••••••4•,r•••• .. ••••••••••••••••••••--u--•••••••-·••••••••••••••-• .. ••••n••••••••••••••••••••••••••••••••••••••••••••-• .. •••••••-•••• ..... •••••••••••••••~• ..... •-•-•••• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..17.th day of..........,._...,,.,.....~·-· . • • ............................................... -".19...48., to testify and the truth to say in behalf of the Commonwealth ...............l.o~....t-le against ....Law.r.enc.e ....De.an ...and tt ....·····················-···············-··············-··········•····································· who stands charged with and indicted for a felony mtede"1.@M}@Pl And this you shall not omit under penalty of £100. And have then and there this Writ. f. &G~J;P,.J: eW,l+~..(;leirlulkJ.tKI.~ 172n day of ........... ..Iune..................... , 194.8 ....., and in the ........ ye Witness, THE SERVICE PRESS at the Court House, the .......9.th ...... �COMMONWEALTH V. ) Witness Subpoena LAWRENCE DEANand FLOYDSHIFFLETT To June 17, 1948 at 9: 30 a.m. Witnesses: 1. John Roach 02i E-t H 2. 3. John Duff Tom Bailey �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: y OU are hereby commanded to summon ....c........ w...... S.a:un.de.r.• ..J......J.r. ........... v........ o...... S.mi.th..... ...................................... and ...iT..obn. ...Craw.f.ord ..................... ··························-···-························· ..··········•··········-········- - ................................................................................................................................................................................... ,................... .............. •••••••••••••••• .. •••••••••••••••••••• .. •••••••• .. • .. ·•••••·••••••• ...................................................... .. ••••••••••••••••••••••••••• .. ••·••• .. ••••••n•••· .. •·••••• .. •••••••••••• .. oHO·••••••••••••••••••••·••••••••••••••••••• ...,.-r-••····~•.......... ~.~••••·••• ................................... ••••·•••••·····•=vP••--••··•..._•-..•-..._.--- .. .. •••••••••• _ ..................... ..... ~ •••••••-• ............... --.. to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..17..th day of................. J: ...... " ....:.....................................• _.., ······-······l to testify and the truth to say in behalf of the Commonwealth against ..Lawrenc.e ....De.an ...and .................. Floyd •••••••••••••••••••••••••• .. ...-- t-················-·······-·- ••••••••••••••••••••---•-•••••••■-•U•••h••• .. .. ····-·-····································-·····················• •••••••••• ■••••--•--- l. ................ ·-········-·· ----••¥••·······-··········-·············-····---· who stands charged with and indicted for a felony Mi!!d@M~l't And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,-:J°,.a.GBi;& 1=-e-w.I'I=~ day of ........... .Juno.·---, THB SBRVICB PRESS ~It,~~~ at 2n 194.8 ....., and in the ~c.=:-;e~µI~~ the Court House, the .......9.th ..... . �COMMONWEALTH V. ) Witness Subpoena LAWRENCE DEANand FLOYDSI!IFFLETT To June 17, 1948 at 9:30 a.m. Witnesses: 1. c. w. Saunders, 2. V. O. Smith 3. John Crawford_ Jr. I -- �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon·-····~?.. .......~~·~·~·~···············································-······························· •••,••••••••••••••••••••••••• .. •• .. ••HhO••••--•u••••••~••••••••••••••••••••••••••ouoo•--•• ~--• .....-••••••••- •••••n•• ....... •uo•u•• .. • ➔••••••••• .... • .. u•n••••u•••• .. ••••••• .. ••••••••••••••••••••••• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the.2.0.t.b day of....................... w.,n ..•.•. r ................... _, ................................. 19 ..iJ:L, to testify and the truth to say in behalf of the Commonwealth against..Law.r.en.c.e ....I»..an.......... . who stands charged with and indicted for a felony Ift~M'lffl'. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ~~~E.R.~ ~:f"~eR-,-Oierk,,f-crur-s:rid-€«:mrt; at the Court House, the ...18.:tb. ...... . day of .................. ...~Y THE SERVJCB PRESS 48 172 , 19............, and in the-tt,t-:-: ...:-:-: ...::-; ...~.vet:~~:he. �COMMONWEALTH v. ) Witness Subpoena LAWRENCE DEAN To May 20, 1948 at 9:30 a.m. Witness: Joe Sugaroo KXEcuTED5-/f..Jfn~ THE COUNTYOF ROCRTNGm.ttBY DELIVEfµNG A TRUE COP OF THE THIN ~:,c~ TO_:;;,.~=::..,~~~~~=z2_ __ _ IN . szdt,1-<r~ �Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ...John County, Greeting: ... Q~aw.f.o:r..d ....and ..Har.l.et.2'-.S ...E .......T.8.J'1.or. ... ••••••••·••••••••••••••••••••••••••••••••••••••••••••••••••••••••••·••••• ..·········-························································································ to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:Jo'.o'clock, a. m., on the ......l'1.tb........ day of. .............Jl&.y..................................................... 19 AB .., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY .....1n ..:th.e. .......................... ~1'.t.~ .... Qf...L.~~~.nQ.t...D~.~ ...an.d ..F.l~:y.d...Shif.fle.tt ............................ . who stands charged with a felony •--.,.<NAntl this you shall not omit under penalty of £100. And have then and there this Writ. Witness, fi~~•-61Q.l.•eM,-Gl,.-~ .. j-tH#◄tli•~I, at the Court House, the .......8.th ....... . day of. ..... .llaJ: .................... 19..48, and in the.l.:/. THE SERVICE PREU, HAa.a.JSONBUI.G, YA. �COMMONWEALTH 0_-f>A-""' ~<J;....AVS v. ) ur~u~ ummons LAWRENCE DEANAND FLOYDSHIFFLETT To May 17, I948 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 ........... 1111.i.ar..d ...D.e\Y.1..3................................................................... . ••••••••••••••••••!"H••••• ..... • .. ••••••••••••----•••••••••••••••••••••••••••••••••••••••-••••••••••••••••••••••••••••••••••••••••••••••H••••••••••••••••••••••••••u••••••••••••••••••••••••••••••••••••••••••••••••• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ...1.7.thday of............. :.............. .J.\\Jl9............................................................ J9.48...., to testify and the truth to say in behalf of the Commonwealth against....La.wre.n.c.e. .... D.e..an ....... . ... . ~ .... ....~ ···""."'"·········d·· Fl.oyd ..Shifflett who stands charged with and indicted for a felony ......................................................................................... . Mt68@rftet1.f!.e1."1" And this you shall not omit under penalty of £100. And have then and there this Writ. at the Court House, the .....17..tb..... Witness, f.~S-WFF?£R;€~-ettr-said.-&m!t, day of.._··········-·JUI).8 ............., 19.....48, and in the THE SERVICB PRESS 72nd �COMMONWEALTH V. ) Witness Subpoena EAWRENCE DEANand FLOYD SHIFFLETT To June 17, 1948 at 9:30 a.m. �selected List or persons lbt:at:Q from the regular Jury list as :f'ortllwi th provided by law, to be summoned/to serve as jurors.upon the trial of Lawrence Dean and Floyd Shifflett, set ror trial /J. this A. Bollen Harry i· 17th day of June, 1948: y jl ~ C. Long ✓ \ Robert F. Garber \ Chas. W: Wampler, Jr. \ A. ~ s. Kiser Isaac C. Shifflett Raymond Weaver ~ t/ J . F. Byerly I ~ Roy L. .Frank ' VJ. o. ~ Beard John D. Moore· Drawn this c. Smucker c. Button vile. A. A) ft. A ~J",a· c. c. c. c. Joe R. Rhodes f'John P. P. l;\1.,/JA.' L .. ,- .. " ....... P. Zirkle I B. Westbrook Hawkins £:U H,!1/ /John H. Rolston I 7 ;J,'l H. ,i Paige P. Price f-' Hubert B. Layman L. • Beery H. Kay charged with felony, Garold Myers t &-r/ff~-~ H. H.tQ..t- -,{iijf3?,L a.V L. ( D. C. I,. ·v'Harold E. Shomo P. ~c. .tic H. ·w111iam Frank H •• / I 17th day of June, 1948. ____________ , Clerk. ____________ , Judge. Drawn in my presence. H. ��r PMn OFTHE-,FORSECUR.i ARMY0/\Y.AP- Mr. J. Robert Switzer, Circuit Clerk Court of.Rockingham Harris on burg, Virginia County �... ... - - SUPREME COURT OF APPEALS OF VIRGINIA Richmond March 21, DEAR S1i~ I am in receipt of two original exhibits in. the case of- ..!D:sze..asn~.u&..___.S;ub.i..1u:tr&...fl~oe-1..t-l.lt--vs. Commonw&al th Which will have profer a.ttention. 1949 � 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 Lawrence Dean and Floyd Shifflett 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 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_007 Dean Shifflett https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_002_commonwealth-v-lawrence-dean-and-floyd-shifflett.pdf 3ed081780bb04e210b2f3acad3ad95ae PDF Text Text Trial Justice Criminal Court Docket No. A .. ,)_ 7-2J Com'th v. ~ Q.W( lo J; :J...- :i.,..!J- Y-7 Jt.lJ..- ►..1J . -2.,(lh,_,, 7o - '/-.,-,, ,:JI ..l; n - ,- ""... ..,, :2 loTo i p. 1-1· P.M· 6.,.,1-''11 ~:?.JYJ· J- //· ff s~»; Convicteda $50 & eo$'ts oO ays Jail"Susp pay fine & costs Appeal noted and grante~ 7-ll-49. �' �IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY, VIRGINIA: COMMONWEALTH v. CHARGE TO JURY LAWRENCE DEAN If you find the accused, wounding H. E. Taylor with malicious or causing intent, Lawrence .Dean, guilty him bodily as charged in the so and fix his ~•punishment by confinement a period of not less bodily him guilty therein of unlawful charged, finement injury, in jail exceeding five If afo~esaid, years, hundred you do not find injury, punishment of not less in your discretion, twelve as by con- than one by con- months and by a fine him guilty him guilty by confinement or by a fine bodily but find not dollars. in the indictment, such fine or, not exceeding but find punishment both five a period far wounding or in the indictment, his say ten years. of malicious say so and fix for you will in the penitentiary wounding or unlawful in the penitentiary finement months, as charged you will year nor more than charged him guilty by any means, indictment, than one year nor more than If you do not find malicious injury, of of either of assault then you will in jail for not exceeding five of the felonies and battery, as further say so and fix his a period hundred not exceeding dollars, twelve or by arid imprisonment. If you find him not guilty, you will say so and no more. ��.All et the lllat1•••• Pr••••t: .LAW.RDCE DM.NANDJ'J..OYD SB.IFn.ETT •T• Reoor4 Bo. )~l). Oi'IliIO.NBY JUSTICEC. VE.RlfO.NSPRATLEY, Rioluaon4, Va., April llta,19~9. COMMOHWEALTB 07 VIRGINIA JROKTHI CIRCUITCOURTOJ ROCXllfGHAI( COUNTY; w. v. lord, Judge. ot the Cirou.it Court ot Rook- At the Aprll,1948,tera 1apam. oou.ntT, an 1Jld1otment was returned 8ll4 l'l.07d. lat ittlett, waioJa. oll.uge that againat Lawr•noe Dean t..b.•7, "on or u.bou:t t.ne dq ot May, 19.le.8, in the OouatT ot Rooltingaam, 41d ualawtu.llJ an4 telonloual7 ooabine, the purpose ot ooJlllitting 'l'a,lor, together t1g\lJ'9, cU.aable or kill, an aaaa\llt and bo4117 inJur1 upon R. E. tae7, and in pursuance or said ooaepiraoT and the said Lawrence Dean and 11074 Shittlett, la all4 upon the ea14 B. K, Taylor did JUlke an aaaault ■ aid B. E. 1'qlor beat and woUDd•1th tor .tda, the said B. E. Taylor to me.ill, di•- with intent oontederatioa, oonapire and oonte4erate l&lllawtullJ, their riata wit, a traoi\\l"ed nose, bruise• telo oulJ and him. th• and malioioual7 and oauae hi.a and lacerations, did 4117 1•JU!7. with intent tohim., �-- l • 0 '1 • l • 1 • l l C r t .. l:. .r1 • .t ~ l l d l l - .[ L ! l • l l l Li • t • t 1 • l �tll• a. x. aa14 Tqlor, then and there to uia, dlatlgure, 41•- able or kill,••*•" On Jue diotllent an4 17, 194-8, the defendant• to quaah 1t on the groun.d that lll0Te4 oh.ara•• ot iwo otfenaes, other, dem.urred to th• ia- one, ooaaplrae7, it 1noluded a lllisdeaea.nor, and th• mal1o1ous aa1a1ng, a tel0117, wb.1oh deauner oourt OTerr\lled. indictment th• cou.rt auetaiaed. relatiag wlrl.ok a,tioa were uraigae4 The detendanta then aoTed the oourt to beoause it had ruled upon t~e toregoing murrer and motions when neither ot the aooused was present Th• court ewsta1ned their on A Ju.:ry as alll8nded and eaoh pleaded not guilty. a Jliatrial person. to a eonapirao7, TJlereupoa the 4efeadanta waa ia;paneled and sworn. deolare trom th• The deteD.d.anta then moTed \o strike the lacaac• th• iadiotment and motion the motiona, declared deia a llistriel, and dla har e4 the JUJ• Thereupon tu d1ot strike at on ta• 4et nda.nta demurred io the oricinal grounds torurly from the indictment The oovt oTerruled ase1&ae4, and aaa1n mond to the lans~ac• both the deaurrer tendanta were rearraip Jlll7 was then 1apaaele4, 1a- relatiag to a oonepiraoy. and the motion. Th• 4•- 4 an4 eaoh plead. 4 not guiltJ. A new awon, and Gh&J'IMa• tollowa: �- .1 l it 4I l.l • • .[ ' .! • • 1 • l l .r. • "l l l l - l .( .t 1 l 11 l L �•It 7ou tind the aoouse4, Lawrenoe Dean, gulltJ ot or oauaing hill. bod.U,- in~u.r7, l,7 a.n1 aeana, woudina B. •• 'lqlor with aal1o1ou• intent, as ohar&e4 1n ihe 1nd1otaent, ••1 ao and t1x his puaiahlunt DJ oontineaeat you will in the pea1tant1arJ tor a period ot not less than one year nor iaore than ten years. "It aal1o1ou.s bo41lJ 1•Jlll7, hilll pillJ therein ot ma.liolous wolUld.1.ngor 7ou do not t1n4 hi.a guU,1 as oharge4 1a the 1nd1ot.m.ent, but tind ot Wll.awtul woun.d1ngox- unlawful 'bod.11.J'i&J\U'J', aa 70u will oharged, ti.neaent .so and tix sq in the pen1tut1ar)" tor a period ot not less them one year nor more \han tive yea.rs, or, in tinement in Jail his pu.aisbment \l7 oon- JO\ll' 41aoretion, 07 oon- not exoee41D&twelve months and DJ' a tine not exoee41ag ti ve huJ.u\re4 dollar•. or either "It you do not tind hia guilt7 .felonies aa further e.tore ■aid, but find hi• or th• ot aaaaul t and bat"t•J"J, g\l1lty charged in the 1nd1otment, then TOU will aa7 so and tix hia p\1Disluaent 07 oont1n•en~ 1a Jail tor a period not ex- oeecllllg twelve month• or ~7 a tine not ex eed!ag t1Te hundred dollara, or by both auoh tine and 1lllpr1sonme.nt. •It 7()Q tin hill not g more.• -)- l\7, 7ou will aa7 so &l'ldno �t e Lt ,: IJ l:n I 0 ~ .i.l: u o l .( u l u .t't • Ll~ '1 l 'j'SJ I t ~ 1 n .I l -.a~ 't l C #t .u .[ OQ: '¥ I t al j ~ i._ 8 l • .I' £1 t .L_ .t't a ...,1 0 l oJ Lt IJ vl't :1 0 • .. .i: t 1 "I iJ l Jl ll rt:-n l -I �A aimila.r ohuge was g1yan 1a the oaae or Ylo74 Shitt- The 4efeD.4uta oauae ot its failure aa to the otteaae ruled, ooJeote4 to the o.b.u • to th• Jv1 l>•- to include a 41r•ot1on of oonapirao7. Tb.is oiJeo,ton that th• indiotuat hold or a •~1o1ou to JU.lee a finding aaaaw.t, an4 that the court oYer- aolel7 ollarge4 the oouisaioa •ea• whioh referred to the l a OOIUIJ)irao7 was but a JU.tter ot inducement or a part ot the teloDJ' ob.araed. the deteadant 'l'he trial then pro•••4•d waa charc•4 with ta• upon the ,heor7 that felony oal.7. After hearing th• eYideao• and instnotiona court, th• Jv7 returned a Y•rdiot ot •• ding K. B. Ta7lor with llal.1oioua iatent, 1nd1otaent," and fixed penitentia.r7 tor two rears." guil\J aa ohuged 4eteD4ut, "his pu.nia t1ad1ag "Lawrenoe Dean, guiltJ aeat 1A th• pea.ltentiarJ" 'l'b.e7 further "his pwiiahaeat aontha." 4ulJ m.oYe4the oour\ to aet aside tb.e trial toWld "11074 Shittlett; or aiding a11daoeit1n& the and tixed tor tit•••n as oharced in the eat b7 ool>.1'1aeaent in the 1n. tile 1nd1oiaent, Lawre oe Deu," or the ••nio, l,7 oon.t1n•- The defendants and grant a new tor reasoaa aaa1pe4. 'l'he oourt OYerrul.•4 ike exoept1oaa and entered Judp a, �.[ l. 0 l l .t .l l 0 1 l '1 1J 1 '1 l L l l l • • l ' ! l 1 l �aooor41ag to the verdiot. We are asked to reverse the verdict on the grouad.a, tirat, to sustain quah tailing that ,he oourt erred in tail ,he de.aw.rrer to the 1nd1otaent an.d end the indlota•nti to strike Shittlei\ or that wu guilty second, that the court erred 1n reputation ot tlu ottenae ot Lawrence Dean, eharged; and, third, illp:roper •vidence as to the oharaot•~ should etate, the nature ot the oase will perait, 1nten4•4 to be oaarged, with as muoh oertaiAty tae taota ao as to olee.rl7 apprise • enable hla to prepare his defense thereto, ooaT1ot1on or aoqldttal the ud thus and tur\her that tho may be plea.4ed in bar ot any tuture tor th• same otten••• Aa a aueral an4 t.h• sue rul.•, a detendant o&J1D.ot'be ahar&e4 in oae oount with two or mo.re 1n4epo4ent a bJeot to ditterent pr•Ten as which coaatitut• acoused ot the oriae with wh1oa he stand.a charged, proeeoutioa t.b.a.t ot the detenduta. An indictment the ori•• u 1nautt1oieat aa an aider and abatter ,ne oourt erred. in ada1tt1q and general and the motions to the OOlllllOnwealth'a evidence, to eatabl1ah Dellll and aet aside the JWlpeD,, oontuaion, peaaltlea. aulti~lioation ottenses, as au.oh, 'l'he reason ot the rule is to ot iaaues, aad preJu41oe to �.t l V ~ a l ' "l r L • ..i t 1 1 1 �Hatoh9r v. OolllllOnw•al h, 106 Ta. 827, j5 s. E. 677; a defendant. 121 Va. 112. 9J S. E. 652i Dige•t ot Va. Pine T. Qgaonwealth, • w. Va. Repena, 4,2 o. J. s., S, Pa&• 6)), (IU.o.tUe), Tol. Indiotm.en~• &114WorJ1atioaa, We have JltJlJ tiau hel4 that Code, 19~2, (Mio.hie}, utm1ng ao,, 1a puel7 1.Jl an 1ndiotunt ia neoeasary seotion atatu.t•r7. to aooura\elJ ot the statute. ot that Conapir Vir- 4402, aoJHt1• • ea.lled th• section and adequatel7 In U .Aa. Jur., 162. 11ld1otmenta tor ataiuto17 It 1• aot req\liaite tor a Tiolation oite4; page 1112, section otteW1es slaoul.4 be oouohed 1n th• laaguqe ginia and oases to ch &• aa, more than charge the telony. J, aeotioa 9, page 5A.9, i't ia aa.14: "The nle diotiona that appears 'to b• well settled a oonap1rae7 to ,, .. ,., and punishable orille, rule where the equal gra4e, offense as auoll, notw1th•tan41n& its obJect, ot whether the oonspirao7 the This is the wl1Ter1al 7 an4 ta• eieoute4 aa4 alao aeeu grade ot ott•n•• ~ut is a 41•t1not haa De•n aoooapliahed. oupira Juria- ommit a or1 • is not merged in the oollDlisaioa ot the OOJII.Pl•$•4otteaae, ot itaelt in aost to l>• 1enerall7 aot are orillea ot true now ngardl••• or ita obJe t ia regar4e4 aa the sue or th• one ia recarde4 aa ot a higher gl'ade than. �.. '""' • • j r . ,Ste Q, oJ:tt ...., V mlj rt. .! - nl ;i 0 • • • ~ Yflil l1o ,ill S ~.( r e 1 l,l ho~ i C .t J:. Lol · l .t 't't 0 "I .. ' jf _ g ' d .u 'l l 0 ;tl LJ • no· u ) ( a In 1J II&l LS I "'J: l. l .O'n . ~r , S::I.Cl a -:rol . L, I .( l o - . O.[ ,ti ' 3 0 ; ~ ~ '. ' .[ a. :0 E 1 T l I;t.:t nl - l rt .. .n.l l .lJ. !l.t t l uet 0 8 1 11 _"ID l 1:"t Lu:t l d l b I I "l V IL "L .rl L ' .. II lq srlj J.. n d ! 0 E. l l ml o i!i ' ..1 l.t 0 a 11; b I 3 B to b "! 1 ... "! "l ...... 1 I .n L 0 2J1 '? 'l �\.b.• oth•r, as where one 1• a tel0117 aad the other a aia4euaur. Soae ot the cas•• haTe atat• -., w,q ot 41•-tua-tllat --••tl7 where a oonapira J ia a a1a4eaeanor and it• atan\iTe or1ae, atanti•• or11185 but this applied a telo 7, the o upirao7 doctrine ob,eot, would •ers• th• •ubin the au'b- haa eeldom been actuallJ and seems now to haTe been generall7 abandoned.# The 111.noritJ 1'111• was tollowe4 ia .Aathonz •• Ooam.oaw9alth, 88 Ya. 8lt.7, 850, 14 "But al.tho itself s. into etteot, spired to be done be a telon7, audit tor the 00D.Qirao7." In State•• 7et it the aot oon- 1• curied into etteot, ent should be tor the t•lol17, WisJUJ1, ~J ia al.J10at the 1dentioal w. Va. la 183, 116 uac• ot or oOD.apua 7 therein oluded la the oriu The 1nd1ot•n~ Commonwealth, s. ot aalioiou E. 698, an th• one before us th• W••t Ylr 1nia oovt tha~ the leaaer ori•• rater and not (Citing oasea.) was held good upon 4eaurrer, of the ott@aoe b7 is oo:m:m1tte4, the oonap1rao7 ia merged in the tel0117, and the indict in41otaent '!'here 1t was aaid: h the ooaaplrao7 is a o• ple,e before it 1a carried and the'teloJ17 I. 284. holdin& oharged waa ia- uaault. betoro ua, aooor41 to the oon~en\1on rel7 sets out the pnl1Ja.1D.u7 atec•• of �b • 'I l1 n d 0 1 tic ;t -:L.t. 'I Ll '"l - .,lj Q; tiJ al I - • ,e .t ,::t 0 0 T iJ j • C alI II 0 l s c, - I -. ~ . e ' I t a.t l 3 0 1 0 Bl ~l J j~,: 1 l. dtl o!'9 't.l o1 .n :to { .e .[.[ 'l "l. £ l . u) I l .t l 'l n al 'Ui LI l -n: .10 0 l • . l. I ! l l tI to 0 �the t loa, oharge4. It 1a contended tut th• all• oal7 a pa.rt ot th• general a oonapirao7 conatitute w.b.io.hthe orlm• charged. waa a part. neoeaaarr to oharg• a teloiq ~~02, and the7 can be reg81'4e4 aa •lll"Pluaage • th• oovt llligll aa to aoheae ot ••r• Wl- Sueh allegat.iou under the •aiJliD& oauae the aTerm.ents or the indiet a\lona aet, Code, aeotioa .Inasauoh as the7 ent ,o border upon d•plioit7 1 have pr perl7 at.ruok out the laaguage nlatiq to a oonapirao7. Virginia Without ~h• obJeotionaole Code, l9A.2, (Mi .b.ie), aeotion ~178. allegations, a t•lo Th.at 7 was oharaed. was the oal.7 oriae tor whieh the Commonwealth aought ooaT1ot1on, and the 0Jll7 oriae 4etend. oharge4 whioh th• 4eteD4ants lor the•• reasons, rul.1.nga ot the 'trial Thi• tliot. we tind no preJ\ld1o1al error in the court upon the demurrer an.cl :motion to strike. \triage us to the ertdeaoe wh1oh was in ahari, oon- In new of the conclusion a new trial, to were required we •hall whioh we haTe reached requ1r1q state oDl.7 ao muoh as 1• neoeaaary to a proper tul4erataad1ng ot th• reaalni.Dg quea\1ona. ot the B. E. ~a7lor 1• an ua4eroover inTeatigator Y1rg1.a1a Alooholi• ie'Yer•&• Control lloar4. work in the area near Bl.ban, tain.1».g 1Btoaat1o again.at Tirgiaia, violators -a- Be we.a uaiped to tor th• purpose of ol>- ot the .A. B. c. Aot. Re �l l • ) t • l l 't 1 • 1 �••• bi-otlgb.t into ooataot with ;olul Crawford, a aaape i•d Ylelator ot the law, who agreed to aot as an iat'oraer otura. h7lor The 4efen4anta, or auspeote4 Tiola,ora ·On J'r14a,, Dean and Shittlett, April )0th, on the ~ollowiaa ni troa th• latier. Elkton ot~ioer, them in to bq wh1eke7, that he had do11.ethis. ollllle to .Elkton a.ad ••t to Dean and Shitt- , tor the p\&l'pose of puroaaaing llaJ lat, and saw both Dean and Shittlett. c. lett On Saturday llight, Orawtord and 'fqlor Dean. Dean, when asked tor wh1alte7, aaicl. drc>Te waa there on a llhopping They enter- to Perr7 Baile7's een1o• aa\ 1a the baok seat and Dean on tae When tb.87 arriYed at Baile7'e, over and atoo4 aga1.nat tll• lett, to briJI& Crawtord, .boweTer, 414 not inform Taylor Crawford an4 Tqler driver. them. that He a aid he told e.ad. taai h• waa goiq ed a ear driven bJ Jl&ffJ .Lea, and seat with tll• liquor Orawtor4 went to he had none; but oould proba-17 ge, soae up the roa4. •tation. were on a Taflor met Crawtord and mad• an On Satu.r4a7 aoraing, Taylor was an A, B. he t'lll'niahed to 1'a7lor 1»7tellow ott1oera. arra.ng .. ont, wherelf7 OraW1'ordwolll.d take Tqlor le\t b7 aaree4 to pay Crawtor4 t2 tor eaoh Yiolawr h•l»•4 to oatah. list ot Tiolation trip. 'fqlor 1ot out aDd walked ai e ot th• a,atioa. who had known eaoh otb.er tor 1 Yl 7d Shitt- Dean u.4 Sl11tt- , becaa to wre•tle, �l l .t l .[ 1 .. �In the oourae ot th• wreatl1ng matoh, Shifflett was puahet. or shoved into Tqlo.r. W1taeaaea tor the oo... onwealth aa14 that Shlt~lett grabhe4 Taylor around the hipa and 'fa7lor att•pted aelt. Dean then grabbed Tqlor till& baok. Taylor ti a.ad began etr1king to tree hiahilll, with TQlor was thrown to the ground b7 Dean and waa aeTerelJ beaten about the tao• and heat. Witnesses tor "11• detenae teat1f1e4 leti, that Dean ud Shitt- who had known eaoh other tor somet1Jlll8, beoame engaged in a triedl7 grabud match; that at'ter they qu.it wrea\ling ue•tlin& Shifflett from·oehil14 ud began wre•tliq Delill ae.14 the aouttl oupt a bad ankle. atepped between Shifflett eparate Dean thu th••• and the two un Deu. duriq and Taylor to used the words and struok Dean wi\h hia tiat. Dean retaliated with the resu.lt stated. denied that h• h1i Ta7lor or aided and abetted the tlgll,. and T 71or and to •r1q He aa14 that be tried to separate peao• betw en thea. ot thea prior to the ti&,tlt. Dean Both detendants 4ea1ed that Orawto.rd ha4 reTea.led the ident1•1 thea or either ha4 said !qlor Ngan to tight, Shittlett with hila; and to be stopped because Bhittlett One ot the witnesses "aoa ot a bitoh," T,qlo.r ot h7lor to Thay said that tlle7 �I b t e l t • J l •t .1. lI l d' ~ 11'0 l ,_ • • l i1 I • l i ,r l 1 l. l \ �cl14 not kn.owhe waa aa ottioer tendaata did not p•t repu,atioaa their ot th• A. B. reapeotiv• c. Boar4. oharaoters Th• de- and seaeral in iaaue. Without pasaing oona14ere4 in the light wa• autt1o1ent upon ite weighi, ot ill to present we are ot opinion tAe oircwastan.oes, a Jv7 the evidence quea~ioa. ~h• oourt pel"'llitted the Commonwealth's attorney, the oaJeotion exaainat1on, trial J\ll7 to ask Shittlett, whether he had been ooavicted Justice oonv1ot1on. ot th• 4etendanta, oourt in J brual7, that, 1946. Bo evidence was presented on oroaa- ot petit Shittlett over laro•Jl7 1n a denied auoh a to oontra41ct him. The wu not told tor what purpose the question waa asked. SbJ.ttlett of assault was also asked whether an.d batter, 1a the trial ooUDt7 in Ootobe.r, l91t0, ottenae in llaJ', l9~S. an4 again He replied Juatioe in the atti.rmative, Th• Commonwealth's altorne7 ta• ot and W14er- ooaviotione. waa allowe4, on oroas-ex- \o aak Dean whether or not he had Hen reoent17 oon- vioted on an aaaault atti.raatlve, court ot Rooldllghaa ot the same oharaeter took to oJ:l)la1n th• reason tor on• ot udn tion, ae had been oonvioted charge. When the detendant th.e Oommonwealta'• atto -11- •1th.on answered ia the a■ ked hill, "That 1a �• J .I. l �ta• \lsual Dean replied your attaJ.ra, ae\\le WaJ' JOU 1• better that •T14enoe ot l>ad general \>e ottered in Virainia th.an tile nl.e oannot, in th• abeeno• r•p~tat1on in 1aaue •1 tirat hie good aeneral NJUtatioa." s. settled by tl'a.• OoJ1110:iwealth 1 unl. ss ta• haa put suoh tharaoter UO, 2) '?o thia it?" "5o." "lio rule ot stat\lte, iaa't ot~•ri a.coaaed evidenoe ot Jonep •• LaCroaae, 180 Ta. 406, 1. 2d, l~a •. ~alker v. CoJJU10nwealth,1 Leigh (28 Va.) ,1~, Culoer,aon v. Coam.oawealtA,1;7 Va. 752, 119 s. &. 87; Ba.rold v. Oommonweaj.t.b., 1~7 •~• 617, 1)6 Va. and • Ta. Ro rta, s. E. 6S8; D1&••t ot (lU.chie), Vol. 3, C~ia1D.al ~••• seotioa 101, and oasea o1te4. It is equal.17 well settled ouastances, under aiml.le.r Gir- it 1~ error to adait in evideaoe agaiaat an acoueed another apeolt1o ottenae DJ hiDl, wholl7 u.noonneoted with t!lat tor which ne 1• put on trial. aaaault and bati•rJ ditterent that, ta,• Ev1denoe ot the prior -1 ta• 4•t•D4an.\a upon oth8r p•raona at 4itterent plaoea, 147 Va. 66.), 669, 1)7 s. s. . E. l)J. 1 ot on w&a noi &4mia11Dle as oom- 1.ng w1ta1a aa7 exception to tlle rl&le. )8), 3911 1-0 ottensee ColT1A v. CollllOnwealth, 476; Limoay.ll .... OOJIWlOD.wealth, 1~9 Va.. �• I. 'l lL • • • •• l l -ii .~ o.l 8 i 0 lJ 'I 'S • I • • • { . . ) • i 1: l • • LL • : 1S • • • L •• • 1 • • 1 .be l - 1. ,U al 1 l II t • l I l I I .I.; y 8 - • 't , l o e l • • V • • • L- 1 . • �111ColT1n y. Oop.onwealth, supra, ,.tda was aa14 b7 "G•••raJ.17, it is not ooape,ent, on th• \rial or1111Dal.oase, tor the Comonwealth to otter prior, iadepend•nt Suoh •••tilloBJ ori•• plea41a.ga, and would be an utair aocuae4, who doe,~• eTery aot ot hia paai lite. ••••1111DD.7 ot a 1a no\ within the and pi-eJu41o1al ,o the 1upri.1e oome to the trial o~ a p:re:pare4 to Tin.dioat• Bul the exception ,o the rule ia aa well estaoliahAJd as the rule itaelt, that auoh •••tilloa7 a411.1as1ble, wb.en it ahowa 11.0tiTe, latent ia or gv.ilt7 knowledge, or 1a oonneete4 with or lea4a up io t•• o~t•na• tor whioh the aocuaed ia on trial. )96." 1 Wig. ET., •••tioa In Bland T. Oop.onwealth, 177 Ta. 819, 1) )17, the 4etenda:at waa ,:rled tor the la.roe Teati 'AJ waa a4Jl.1tted to proYe that E. 24, ot an automobile. be had been oonv1oted some tiTe years betore or aleal.1.ng amt.bar autoaobile. ,o.a, the toraer s. ooay10,1oa was a ••pua\• troa tb.at harged. and could. 11ot M properl7 ahow gllilt in the later It was held and dia\iaot oriae and l•&all.7 proYen to oase. In QULpDell •• Coaqnwealtb., 24, 577, tb.e late Ml-. Juatioe 176 Va. 564, ,,,, .Bro1'1liag, deallag 11 s. witb. a aWlar I. �• l • l • ' • ( • • . I • l: • t • I y .L. l • 1 il • .[ �que•tioa, aa14i •In. oontr 41al1no,1oa ot a orille at one -tlae, atruoture and a\ a 111)aequat The quet1oa• the etteot ot eu1;1q J\U"J' box, The 4eten4aau offense with which tuJ reatrain aa asked and '11• eTideaoe adduced had an innueato untaTOrable to tha were requae4 were eharge4. his ooaT1otion row mr: he aaa COJlllll1tie4otllel'a. perhapa, ot our ln oal.7 to••' into the th• apeo1t1• The rule 1s intended te 111!cAone ot nol~41ng regard• a detendaat, otteAse 'beoauae, It 1• againat.t.b.e tradition to oonviot a aan or a apeoitio he 1• 1•••rall7 to ottena•• proot within the 11.mita ot the oharge againat and to pNTen• ••olioa 1.aproper, under the oirowastanoes, ta• witneaaea io be questioae4 as to ap•itio were on trial. unfair ,1.ae M aa wait• ot aalTat1on UPon whioh it 1• built.• It waa elearl7 allow one •&T be gu.ili7 ot U• o lllll1 lo oriu MHlJ •• a aan ot ba4 reputation. beoauae The pol107 auoh eT14ea • ten4a to preYent ooatusioa ot iaauea, nr,priee, a.ad wa4ue :,reJu41••• 1 W1gaore, h'i4enoe, (.3rd. J7. 7or an 1atena-t1q diaouaion ot the h1atol'7, purpo e, -)1 , �. :b.t • n l Ll 0 .e d'ld 'l • • !l "!. 'II • 0 ! ;;t 'O :t oltav '!IJ.t J ol l -01 L n .to • l.1&l· T 'lrui 3nl a , t;t 0 "1 n: l: do 11T • 'to d J: 'l 0 l it. I • ':i jo ) ..o 0 • 0 ol L "to t.u ol .ba L t l or.: C ut I l ;-'I • t .d-.t t I. ,e ., J n 8 il l 0,1 "! "I oe • .t U"l I -b ,8, 0 q_.u .t .t b .d V ''I: o!':L. 1.t :n ' ' 8 - 0 1 1 • I-- 'I •nl o'I 1 .t "t!ll.i .l: 0 �aa4 traditlcm 4etendot'• or ill ot the s.n•ral prior trouble ,aat r\ll.• •1~h the law, apeoltl• fraudulent otten••• conduct to establish recent oase ot 10.ohelpa y. ll• or1a1nal aota, exoep, when ta• prior crill• au.e amoag his n.eipbora, ia an el ... at ot the later iae State ••1 aot ahow a or 41aoloaea a oo\ll'ae ot fraudulent i•• 69 s. i•~•nt, see the Ct. Re». 21), u. a• • • ,or the forqo1q :reaaona ihe ~udpleat ot the trial eo\U', 1• reTerae4, the Ye.rd.iet of the Jury ••t cause r8ll8J14e4 tor a new tria.l aa14•• and thia in aoeor4anoe w1~h the Tiewa herein expreaae4. ReTeraed an~ rem.anded. �l l l .. l. C 0 • �~ a arr char t - 0 ade etty, ssue him' in Rock 1th do e eoy rele sea and 11.respo s bil aving under ~ ~---,;.-~...-.q._- comr tted rge 1th that my nand th day oI ~ebruary Virgi,ia a simple tl e said l~ao~llt request ~tnesses: ~- ty on the gham County, 1ct ct sc~ and ao respectfully Giver did ror assault 9 LaNre~ce u on me. Lawrence ean from said alle ea assault, .t bed snissed. sa~d warr s 1th for 1 aay 01 ~ebruary 1~4 • ve Dean L ny �... 1 �STATE OF VIRGD.JIA COUNTY No______ . To-Wit: _ OF_'--~-------------- TO ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, (Name) .... cr:__..-i~"-''h-f,"'+"''.,;f)../=_.!,..z-..t,L-f=--c=.._._,r~---✓ "------=--t:::..J,_...... ~=--"--""· did on the /3-k , ~,_ day of___ ~,_-___ -_· -=-__.in t,/.c___-_~_~"":'r__.'--"· '--=-,.,,__...:=,,__ _____ ... the said County ...,_____~--=-.----- I 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 ----....----------------w __________________ color ____ Address -----------~---t--w __________________ color ____ Address ---,------------------,--L!.l __________________ color ____ Address ------....--~-------LJ as witnesses, Given under my hand and seal, this JJ Yl dal'. o._£----'-( itl4 of f.{utg fficcr) II (Seal) �, to-wit: the County aforesaid, State of Virginia, do certify acknowledged to the Commonwealth be made and levied of their ~ctive upon this condition: That the said Dollars of _ goods ·and chattels, lands, and teneme g:,r-etl<?~~ 1 J indebted of Yirainia in the sum of -~~~r,2:._.:~z..i::.,:::c:1:..::i!,,i::!!!l:;.~a,..;~~-"~#-!ee(:4',~i,JJ~---------- ($,/1Cb J!.!f:_ ), to be themselves <:_o~~tY.:,.;'i'li,e ,. 1'? cJ/) 1111a-.J',;>~tlay the use of the Co~m~nwealth , shall appear before the of Tr.iafJ~:ti~e ~ to Court , 19.>/1--, at Y., at ... ~ta1{nia, and at any time or times to which the proceedings may be continued or fur~r he~rd, and before any court reafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offenae with which he is charged, and shall not depart thence without the leave of said court, the said o,bligation to remain in full force and effect until t charge is finally disposed of or until it i11declared void by order of a competent court; and upon the further condition that Given under my hand, this g •r: s= ...... I» a :;, CJ) "rl >-i 0 g_ c:.: S- s· l'D 0 ::, n 0 ~ "' l'D s· IIQ > .... g ~ I» IJQ l'D > ... s= .... 0 ~ I» 'O 'O ::s p. .. ri l'D ... I» I» ::s p. ~ ; a' n 0 ... ti::I 0 n e: p. l'D ... "'"'"' ::s l'D l( l'D '< \ \ 0 ::s ~- ; s, .. l'D "' "' l'D f \ r n0 § .... ~ �\Vitness Subpoena Commonwealth of Virginia: • County of Rockingham, to-wit: To the Sheriff of said County, Greeting : You are hereby commanded, in the name of the Commonwealth of Virginia to summon,~----~---- Wade Zetty .Lawrence Dean to appear lilefore the Trial Justice Court of said County, sitting in said County, O'h :},1th day of..._ ____.J ....... u... J-.11----, of that day to give evidence in behalf of _ds. te half beerr changed in the pending v. to Harrisonburg, 19---49....,at the hour of.__ ~jrgioia ' ...,3,,...: .... o~d-.~n•riM!i&-e-.--.,.,"--. m rem:ind Lawrence Dean t.bat .b.i, trial 11 , 1 g:4g at 384) 1, , , Com~t,,h,, (and July: :it case of -~OM,o~&-•..,t ... ll~·.-----------------------------·--' I4,wrence Clean Given under my hand this,__ =---- 4 11 ..,2,..,4:.tu..b.,1,1,_ __;day of o I �Not fi~ding Wade Zetty nor any member of his family above the age of 16 years at his usual place of abode, executed July 5, 1949, by posting and leaving posted a tPU.e copy of the within summons on the front door of the said Wade Zetty•s usual place of abode. • 12,L , /,i;i!-~. for am . Callender, _,Dep S.R.c. • fl 0 ~ ~ '1 8 ,:::; t:, I-' tO - 1:1 I-' I-' h Ii b g 11) (J) (J) ~ (fl .... 11) i:: <» ~ I '1-i c:, () ~ I ~ (J ~ I ,-..,-..,-.. ~ ~ .. < - ~ O" 'c z 0 9 ,(1) ~.,_ ~ Pl ~ I ~ • IT ~ "!I .... ◄ EXECUTED64,#jlft-N. THE COUNTYOP ROCKINGHAM BY DELIVERING A TRUE ,/r CO~Y OF TEC WITHIN TO~ f.ll.,cu1U<t4' IN PERSON . C • f,.. ~ e4 :1<":= • ' * dJ .'29kd4 ~ rdtz, .J~-1£14&,Jlft <-<.ff4· _Jlf,, .w»t .,....; �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth ... Zettz ) l of. Virginia to summo.~------·--- f, Lawrence Dean to appear before the Trial Justice Court of said County, sitting_ at.__ _.H...,a"'"-r.._.,..._j.._9..,o...._nu.hu1u.1r,1,.;gE.+,-V.a...a.i,.rgi~.1.llu.i,111&1 in said County, on 24th day of ' 194!L-, at the hour o,fL____.2 ...:>.\.o .... o,,__1>;~J4.a.,------- 1lay of t11fili_~~ to give evide~ce in behalf of ComI th .(and. to rem.ind Lawrence Dean that in the pending v. 1 Jl1; caSe of _c..... a.... m.... ... b.__ ________ is his trial •__ --_ ... _.:..._·~-------------------.-------- ... LawrenceDean Given under my hand this this 21Bt day of �. 8 i¥- ~- s- ~c-t,. i ::J-- ti (I) § ' !' ' -~ ' ' ,., U) ~ tI Trial Justice Court ----~Docket ~ No. __ _ 'I:. ''-l) 0 b Com1 +,h c-t- ?-~.' ~ J? ' ' ~ ·~ ( V-. ( Witness Subpoena ( ' Lawrence Dean To May 24, 1949 at 2PM I . ,---· 0 �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said Omnty, Greeting: You are hereby commanded, in the name of the Cominen~vea.lth of Virginia to summo.,_________ -----------~r~~~~--·-·_· ---~-•--~-" 11,__ :·•• -~-~~''"°='~ _ G>~ ---··--·---3b to appear before the Trial Justice Court of said County, sitting in said County, on___ ....:,__,day 0£....__ of that day to give evidence in behalf cit iiarriaonDurg• •__,....;;,.-r--"'...,--__ _,;·19·. ·, at the hour of.____ Fleft Mitt.I, ' v. Given under my hand this ~ a..c....,O,...O-J>-•.,.g.,. ____ ........--r,-,..,. ,.....,,.,.,__....,..~....,...,..•""•...,.,;::.,,.r-:-..----------------tam~"=.' 0£,__~-----~ in the Yirg1nin day o£~lY---r-+---{};--H--~ ......... �Trial Justice Court ----~Oocket No. 4 ... i;!.?£7 t ( V. ( Witness Subpoena ( �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: _ To the Sheriff of said County, Greeting: You are hereby commanded, in the name ol'fue 11&,-,0d Leake, a.bf. Pollo• llktcm., in said County, on-----E,ML--_,day v. Commonwea1th of Virginia to summo.~---------- 31.. of__ l,a.l;.__-i,_.,. ____ , 19____., at the hour of--~~--------- �--------~--=----...,,----------------~------------ Trial Justice Court ____ :Uocfcet No. A 2'127 728 ( V. ( Witness Subpoena ( tt l ll, l • t • �------------------------~----------------------------------~ INSTRUCTION,No. The Court instructs resting reasonable element does not mean that to establish certainty the jury that the burden upo~ the Commonwealth to prove the accused beyond all material 1 doubt of an offense thereof, it the guilt or beyond all charged against is necessary guilty and every the accused, for the Commonwealth of the accused to an absolute possibility more than satisfy the jury that whole the accused is guilty of mistake or to do upon the evidence thereof beyonp all as a reasonable doubt. -- (Signed by the Court's initials). ---------------------------------------------------~----• 165 (The instructions copied on Pages 155 to and through 166 were evidently given; they were not marked as refused, as were the others here copied). �j' �------------------------~----------------------------------~ INSTRUCTION :No. The Court instructs resting the jury that the burden upon' the Commonwealth to prove the accused beyond all material l reasonable element does not mean that to establish certainty doubt of an offense thereof, it the guilt or beyond all charged against is necessary guilty and f!Very the accused, for the Commonwealth of the accused to an absolute possibility more than satisfy the jury that whole the accused is guilty of mistake or to do upon the evidence thereof beyonp all as a reasonable doubt. (Signed by the Court's initials). 1~5 (The instructions copied on Pages 155 to and through 166 were evidently given; they were not marked as refused, as were the others here copied). �\ -.../ �---------------------~~~-----------~-----------------------~ INSTRUCTIONNO. 2 --- The Court instructs in this case, it warranted the four following injury; to-wit: (3) Assault instructed that and maliciously to another, intending wounding or wilfully, wounds or causes bodily thereby either injury to maim, disfigure, disable Unlawful wounding is committed when one such other. person wounds or causes bodily injury wilfully, and feloniously, thereby either to maim, disfigure, Assault and battery an angry, and malicious is committed when one person unlawfully, or kill wounding or Not guilty. (4) feloniously fully, you may find one of (1) Malicious wounding or injury; You are further injury under the indictment by the evidence, verdicts, (2) Unlawful battery; the jury that is any physical rude or insolent to another unlaw- but not maliciously, disable injury or kill intending such other. done to another in manner. (Signed by the Court's initia).s). ------------------------------------------------------------156 �·- �------------~--------------------------------------------- INSTRUCTION NO. The Court instructs applied to this express anger, and revenge, justifiable any deliberate or excuse. duty, not only and unfrom reasonable Malice in law is every evil depraved is meant that de- the act has been as are ordinarily and malignant indications and fatally It or implied act done without with such circumstances with them the plain as sense. but every unlawful and by it toms of a wicked, social malice It includes It may be inferred and cruel sign in general; attended or implied. motive. provocation the jury that case is used in a technical may be either hatred 3 spirit, of a heart sympand carries regardless of bent upon mischief. (Signed by the Court's initials). ---------------------------------------------------------157 �• • �-------------------------------------------~-------------- INSTRUCTIONNO. 4 The Court instructs intent may be proved like direct or circumstantial of both; ditions therefrom and if facts, the jury that any other evidence surrounding are proven which warrant of the existence same may be inferred fact, the malicious by either or by a combination circumstances and justify of such malicious and con- an inference intent, the therefrom. (Signed by the Court's initials). ----------------------------------------------------------158 �I • ----~ .....-- �----------------------~~-~-~----------------------~------ INSTRUCTIONNO. The Court instructs 5 the jury that one who is ' present at the scene of a crime aiding participating crime. therein is guilty The Court further ment or act of assistance tells and abetting as a principal the jury that constitutes or in such an~ encourage- participation in such crime. believe The Court further instructs from the evidence beyond a reasonable the prisoner, the jury that Lawrence Dean, aided and abetted Shifflett, assaulted prisoners, Lawrence Dean and Floyd Shifflett, fix their punishment jury in this H.E~Taylor, in accordance then you shall if you doubt that by Floyd find the guilty, and with the charge to the case. (Signed by the Court's initials). ------------------------------------~------~-~------------ �J. �-------------------------------------------------------~-INSTRUCTIONNO. The Court instructs of witnesses is a question the law is that, directly -- exclusively to each other, the number of witnesses one side as against side; the jury that ance of the witnesses timony, apparent intelligence witness from all trial, right other to determine their and consistency candor and fairness, of the trial, surrounding determine testify who may have testified or ·1ack of intelligence, in the result and the jury is not bound to on the stand, the reasonableness their for the jury; the number who testified the jury have_the fying, the credibility where a number of witnesses opposite regard 6 which witnesses on the other from the appearmanner of testiof their tes- their apparent the interest of the if any appear, circumstances on appearing and on the are more worthy of credit , and what is the relative to give credit (Signed by Court's accordingly. the initials). weight of any such testimony, and ��-------------------------------~---~-------------------- INSTRUCTIONNo. B. The Court instructs may find the defendants, Dean,or felonious either assault, caused bodily doubt that injury words, to find either of these must believe jury may find said Taylor, or kill that two charges and Lawrence intended and without assault or or one of them, with the intent to the said H.E.Taylor. of the defendants against to permanently such intent guilty them, the jury they o~ the one, if either, guilty, you from the evidence they, to H.E.Taylor disable before of malicious you must believe maim, disfigure, of either Floyd Shifflett of them, guilty beyond a reasonable In other the jury that which the injure the they can be guilty only af simple assault. (Signed by the Court's initials). ---------------------------------------------------------161 �---_,J ~----- �---------------------------------------------------------- INSTRUCTION No. C . The Court instructs which the defendant, - the jury that Floyd Shifflett, H.E.Taylor did not, and unless the jury believes reasonable doubt, and abetted of itself, that unon the said H.E.Taylor, Floyd Shifflett, (Signed Court's by the may have had with constitute an assault, from the evidence, defendant the defendant any tussle Floyd Shifflett Dean in committing they shall find beyond a aided an assault the defendant, not guilty. • initials). ------------------------------------------------~------162 ��---------------------------------------------------------INSTRUCTIONNO. D. The Court instructs believe from the evidence was the aggressor apprehended - bodily and that in this case that if they H.E.Taylor Lawrence Dean reasonably harm, then he had the right force as was necessary lieve that reasonably the jury that to protect himself, and if you be- the said Dean used Qnly such force deemed necessary to nrotect to use such himself, as he then you should find him not guilty. (Signed by the Court's initials}. -----------------------------------------------------------153 ��--------------------~~~------------------~---------------~ INSTRUCTION NO. E. The Court instructs every person guilt beyond a reasonable Commonwealth, and this - stage thereof; through hearing the entire the evidence they bear a reasonab1e goes with case and applies that to every although case, the defendant Floyd doubt, on behalf Shifflett, or circumstance essential them in the indictment, they its yet if after of the prisoners, doubt as to the guilt ant Dean or the defendant made against of innocence beyond reasonable introduced his doubt by the Lawrence Dean and/or were guilty to any fact until when the Commonwealth closed the defendant Shifflett presumption and they are instructed might have believed, that the law presumes charged with crime to be innocent is established the prisoner the jury that of the defend• on the whole case or as to prove the charge it is their duty to give the accused Dean and the accused Shifflett the benefit them of the doubt and finAfor either of them, as to whom they have a reasonable doubt, not guilty. (Signed by the Court's initials). -------------------------------------------------------164 ��------------------------~--------------------------------- INSTRUCTIONNO. F. The Court instructs one of the essential - the indictment, elements doubt. consistent inferred "intent" is of the crime charged in and the Court tells of proof to prove "intent" and that the jury that you that the burden is upon the C0 mm.onwealth, the same must be proved beyond all It must not be inferred reasonable from circumstances with the guilt of the accused, from circumstances inconsistent in• but must be with the illll())- ' cence of the accused. (Signed by the Court's initials). ---------------------------------------------------------~ 155 ��---------------------------------------------------------- INSTRUCTIONNO.G. The Court instructs is one of the elements - the jury that of malicious assult malice and that the burden is upon the Commonwealth to prove malice beyond a reasonable of the defendants doubt, in order of malicious to convict either assault. (Signed by the Court's initials). ---------------------~--~--------------------..... ---------~ 166 ��----------~-------------------~--------------------------- INSTRUCTION NO. Z. The Court instructs - cused Dean and Shifflett offence alleged against the jury are instructed to consider sidering case, evidence the guilt the jury that are on trial that (Marked) only for the and they are not at liberty of other law violations or· innocence as witness the ac- them in the i~dictment, but may only be considered credibility 1 of the accused in connection & as to their in conin this with their intent Refused (Signed by the Court's initials). --~---------~--------------~-----------------------------167 ��----------------------------~----------------------------- INSTRUCTIONNO. The Court instructs Dean and Shifflett - ·alleged against sider of other the accused only for the offence them in the indictment, that the guilt the jury that are on trial are instructed evidence z. end the jury they are not at liberty or innocence law violations to con• in considering of the accused in this case. ( Signed by the Court's initials). ---------------------------------------------------------168 ��--------------------------------------------~------------- INSTRUCTION NO._!_ The Court instructs believe - the jury that from the evidence Taylor was the aggressor Floyd Shifflett attempting in this to break up any fight whereupon Taylor tried struck between the two, the said Lawrence Dean, and that deemed necessary (Marked on margin) on Lawrence Dean, in to separate then he had the right he reasonably H.E. or scuffle the said Lawrence Dean reasonably harm, that case that and made an attack and the defendant, Taylor and Shifflett, if you apprehended bodily to use such force to protect as himself. Refused (Signed by Court's initials). -------~-------------------------------------------------169 ��-----------------------------------------------------~----- INSTRUCTIONNO. X. The. Court instructs the jury that reasonable doubt is one that excludes reasonable hypothesis that except a every of guilt. {Marked)Refused (Signed by the Court's initials). (Added below): Court discourages defining A reasonable, would be confusing ------------------------------------------~--------~-----170 ��-----------------------------------------------~---------- INSTRUCTIONNO. Y The Court instructs believe from the evidence was the aggressor apprehended - bodily lieve that the said Shifflett should find him not guilty, beyond a reasonable H.E.Taylor reasonably himself, to use such and if you be- used only such force to protect,himself, unless doubt that aided and abetted-Lawrence case that he had the right to protect deemed necessary if they Floyd Shifflett harm, that as was necessary (Marked} in this and that force reasonably the jury that as he then you the jury believe thereafter Floyd ~hifflett Dean in assaulting H.E.Taylor, Refused no evidence (Signed by the Court's initials}. -----------------------~----------------------------~171 ��Copy of"Commonwealth's Ex. l." ---------------------------------------------------------My name is John Crawford. and have one child Merak's I am 23 years one year old. I live at Elkton above April 29, 1948, John Duff and Tom Bailey came to my house to search me for whiskey. turned me in for having whiskey. I told .th.em I didn't have and Lawrence They aske.d me if I would help them catch them. I them I would help them and they said they would bring a man in. I planned try to buy whiskey. was afraid thought to take the man around J!·riday night I didn't Bailey that Saturday night They are two rough guys. have anything and they would come up and beat me up. about 7:30, Taylor and I went down I asked him if he had anything had gone around back. We got in back seat us where of car and in a few minutes Lawrence Dean came to his car with Harry Lamb. drove out of Elkton up to Perry Bailey's Floyd Shifflett in a 1934 or 1935 one-seated was. He said he didn't but to go get in his car and told When we got there, I Floyd and He. looked around and asked where Millard I told him Millard to because I my wife was sick as an excuse. town in Elkton and met Vean. it was. night and Duff would say some.thing to Lawrence about it to drink. go Friday of Floyd and Lawrence. I used the fact - Someone had They asked me if I knew Floyd Shifflett Dean. told I am married plant. On Thursday, any. old. servide was talking Chevrolet. He left Harry Lamb station. to some man that car and ------------------------------------------------------172 ��----------------------------------------------------~----we all got out of Dean's the building Taylor was standing with his hands in the pockets one foot against scuffle car. the building. about ten feet of his pants from where 'la.ylor was standing a pack of cigarettes. I was in the store When I came out, arms buckled Dean came up and pulled and Lawrence and Floyd started p~ayed around to where he was. Taylor had their up beside and buying Floyd Shifflett around one another. Taylor to and Lawrence away by the neck. Then Lawrence and Taylor went down and Lawrence got on top and started beating Taylor. Taylor had his faceturned ground to keep him from hitting tried to pull Floyd helped- and Lawrence apart. we heard I got him by the arm. sure it was Floyd-..get some one coming. After I Taylor Taylor and I ran on down the road when went on to John Duff's - him in the face so much. Lawrence off Taylor. I'm pretty down toward We walked to Elkton house to get Taylor I got back to Elkton, and then cleaned up. I went to the bowling allay, and Lawrence .L>eancame up to me, he told me '.L'aylor was a tough guy and ~ad given him a black eye. He asked me who he was and if he was kin to Taylor in Elkton. because morning before I had told him on Saturday between 9:00 and 11:00 o'clock,that'I He knew who he was was comillg down with revenue man to try to buy some whiskey. He.said dirty He didn't thing statement to do-try a~ that told him because he'd see h_im thst to catch people. the fight that was a make any time as to what he was going to do. I was afraid night he would beat me up. when I brouglt him (Taylor) I He said down.- I -------------------------------------------------------r1z ��----------------------------------------------------------never-did because it. tell Floyd about it, but Lawrence must have told Floyd came up to me Saturday Floyd told night, to bring me if I couldn't Taylor about noon and asked me about find him around town that up to his house. Lqwrence Dean and Floyd Shifflett yesterday to see me. what they had called me to, said. Floyd a "dirty Che fighting. They also tales. do something--! don't They told me to say that Taylor son-of-a-bitch" said Floyd also tell the and that to say that had started 'l'aylor had tried when while they were them I would or wouldn't tell their said to tell that when they had their arms buckled around one another that ~aylor search I know Guy Monger but I didn't that - I didn't tell they'd to kick Lawrence in the privates fighting. came up to my house They told me if I didn't ~ale the way they told know_just him. night. there that. He didn't because him try to separate was trying see him around the fighters if he was I would have seen him if he had tried Lawrence Shifflett was a by•stander to while to do the tight was g&'l_ngon. I didn't know they had any plans going over but I thought it somewhere. I didn't to give Taylor maybe they were going toge~ know a fight noon, he said he didn't something other in a package. threats to Floyd Shifflett have any whiskey Neither about the man. into was going to start ~ th~ time I went in and bought a pack of cigarettes At the time I talked a at from Perry. Saturday about for themman but he had Lawrence or Floyd made any They must have planned where to --------------------~-----------------------------------174 �.. �---------------------------------------------------------meet, and I believe waiting that for Lawrence, was already while we were in the car Saturday that he contacted at the service hang around that good friend filling station of theirs--he I didn't tell station because Floyd when we got there. all doesn't the time--Perry They is a care what they do. anybody except Lawrence and Floyd that a revenue man was going to be with me. know it until Floyd, night They didn't afterwards. My wife didn't promise me any money for my information. When I talked noon, I told to Floyd ~hifflett him that the revenue agents on Saturday about I could make $35 or $4:o a week by giving information and helping to buy wh~sk:ey from bootl1:g·gers. I made the foregoing informed a criminal that statement the statements therein voluntarily and have been can be used against me in prosecution. Given under my hand this 4th day of May, 1948. (signed) -=-=-J-=o=r-h_n_E.,_l__,m~e.:.r_cr_a.:.;..wf..:.....o:.::r...:d:__ ____ _ Subscribed and sworn to before me by John E'.Crawford, this 4th day of May, 1948. My commission expires (Signe_d_)_V_i-r_g_i_p_i_a~L_._st_i_c~k~l~e~x--=--.Notary Public November 3,1951. (Each of the four pages from which this was copied contain, on right-hand margin,the initials J E cl• ----------------------------------------~-------------175 ��(Copy of "Ex. 1 of Defendants.") ------------------------------------------------~-----------John E.Crawford. Elkton, Va Box 285 Wife - 1 child Friday - girl (1) Night - Met Taylor Elkton 2 Taylor - 2 3 Port Republic with Duff & Bailey agreed to pay me $2.0.Q_ FOR OK for Cup of whiskey - On 1'hursday - ~greed with Bailey Did not work .lfriday Night Sat nite Met -to do the work. as wife was sick - Made date for - Abt 7:30 Taylor Sat ni te in Bailey Bailey - going to') left and Taylor car with Baily & h.is wife and I came to Elk with Lawrance Deane. Asked L D for whisky said would take us up road to find Got in his - car by RR with Taylor rode around back to Baileys out - F. Stalked . fTaylor some Law.D. Harry Lamb & me in Back - All got to somebody - F S & Dean got to scuffing - not mad Went in Store were soufling, fighting tried for cigaretts When I came out Taylor & F S L D ran up & got Taylor both Went down L . D on Top. ◄ to pull Lawrence Doff Elkton ... .us Hit him 2 times .. I & F S helped me a got up and we went on road running Deane after around neck and started s. Taylor - looked Back & thought ran abt 50 yd went into field - vame to Dutt ent to Duff's home Washed . Came back to Elkton_ got out. I --------------------------------------------------------------tab176 (lThe part COP.led above was on two pages of ruled et paper, in pencil.) �.. �(Continuation of copy ot "Ex. 1 of Defendants.",-the on third and last page of ruled tablet paper,also (Corner paper torn). ~~$U$$~•$~$~$$•$•••••~$~•••$~••••••$•l•$•••$•~•••••••••~• of ~ F Shiflett " 2 L 3 L - Deane 1. Ray(?) 2. .Bill Via • Place in Elkton Port Republic Lawson L part in pencil.) i_Ajjowlig ally Saw- D after fight W Did not see any of them after this Sat nite - Did not see any of them on Sunday. Monday - F. & L came to my hous~ - Did you know that was revenue Man - I denied C & g (?) Construction Alex I knew him - (Written with the paper to one side, five so that turned these words did not coincide with the lines of the rul.ed paper). --------------------------------------------------------(The pencil marks on the copy are an effort to represent the punctuation used on original and the way a capital letter or something else was marked out). 1?7 ��Commonwealth's Ex. 1. My name ia John Crawford. I am 23 yeara old. and haTe one ohild one year old. I am aarried I live at 11.kton above Merak's plant. On Thursday, April 29, 1v,e, John Dutt and Tom Beiley came to m7 ho~ae to search me·tor whiskey. tuned any. me 111 tor haTing whiskey. Someone had I told th·em I dldn'' 'l'he7 asked me it I knew Ployd Shifflet, Dean. have and Lawrence !hey asked me it I would h·elp them catch them. I told them I would help them and they aa14 they would bring a man in. I plaued try to bu7 whiskey. wee afraid to take the man around hi day night t·o I didn't go Friday night beoauae I of Floyt and Lawrence. I uaed the tact They ere two rough guys. that my wife wea aick aa an exouse. thought Bailey and Dutt would aa7 aomething to I 11074 and Lawrence about it and they would come up and beat me up. Saturday night about ,:30, Taylor and I went down town in Elkton aad aet Uean. to drink. I asked him if he had anythiq He looked around and aeked where llillerd I told him Millard had gone around baok. waa. He said he didn'' have anything but to go get in his car and told ua where it was. We got in baok aeat of car and in a few minutes Lawrence Dean oqe to hie car with Harr,' Lamb. drove out of Elkton up to Perry Bailey's When we go, there, llo,-4 Sb.ittlett in a 1934 or 1935 one-seated service waa talking Chevrolet. Be lett BarrY Lamb station. to soma man that car and -----------------------------------------------------172 ��. -----~-------~-.~-·~----~---..----~~---..--~-~' ' ' we all gol out ot Dean's car. Taylor waa standing up beside t the building with hie hands in the pooke1ia ot hie paata and • one toot against aouftle the building.· about ten fHI a pack of cigarettes. had their lo from where 'lllylor wae standing and played around to where he was. fa7lor Lawrence and 11074 started I waa in the store buying When I came out. Flo)11.Shiftletl ams buckled around one another. Dean oaae up and pulled and Lawreaoe Taylor away bJ the neok. Then Lawreaoe and Taylor went down and Lawrenoe got on ,op and started beating Taylor. Taylor had hie tao~tuned ground to keep hia troa hittina tried hia in the face so much. I to pull Lawrence ott Ta7lor. 11074 helpe4--I'a pretty and Lawreaoe apart. down·toward I got hill by the arm. sure it was n07d-•get Taylor Taylor and I ran on down th• road when we heard some one coming. We walked to Elkton and then went on•to John Dutt'• houae to get Taylor cleaned up. After I got beok to Elkton, I went to the bowling alley, and LawNnoe Dean came up to me. he told me Ta7lor was a tough guy and ha4 gi Ten hill a blaok e7e. Be a eked me who he was and it he was kin to Taylor in Elkton. He knew who he was because I ha4 told hia on Satur4a7 morning betore the fight between 9sOO and 11:00 o'olook.that I was oomillg down with reTenue man to t17 to buy some whiskey. Be asid that waa a 41rty thing to 4o-•trJ He didn't ateteaent to catch people. make any at that time ea to what he was going to do. told hill beoauae I wee afraid he wnu1d beat m.eup. he!.4-&M..Ja.Sa..tu: .Ja.i&bLa.U.-l-~.'111-1tutttl_4i!!j:gI I He said ��I nSYer did tell 1'1074 about 1t, but 1.awrenoe·muat haTe told him beoause 11074 came up to me Saturda7 about noon and asked 'me abou1 . it. 11074 told me if I couldn't night, find hi■ around town that to bring Taylor up to hla house. Lewrenoe Dean end 71074 Shittlett yea,er4ay to see me. They told me it I didn't tale the way they told me to, they'd know Ju ■t what they aaid. had called n074 a "dirty Iha tip.ting. came up to my house tell the do aom.ething-~I don't They told me to aa7 that Taylor son-of-a-bitch" and.'that had ■ tarted aa14 to 1a7 tllat •ra7lor had trfe4 They also to kick Lawreaoe in the pr1Tatea when while they were tigh,tns. talea. I didn't tell th•'I r10J4 al10 said \o tell would or wouldn't tell their that when they had thelr· araa buokle4 around one another that fa7lor was trying searoh hia. I know Ouy Monger but I didn't that nipt. Be didn't tr'7 to separate see hia around th• fighters Lawreaoe Shifflett was a by-stander he waa it there beoauae I woUld haTe seen hill it he had tried that, to to do while the tight waa going on. I didn'' know thq ha4 any plane to g1Te Taylor a going oTer but I thought 118Tb the7 were going toge\ it 1omewhere. I didn't know a tight was going to start the time I went la and bought a pack ot oigarettea At the tie I talked noon, he aaid be didn't aoma11.hingin a paokage. other \hresta into to 11074 Shittlett at from P ny. Saturday about haTe any whiskey tor themman but he had Be1ther Lawreuoe or 11074 aade any about the man. The7 must haTe plaued where to ~~--•~-~---~~~-~-a---~---•-~•~-------~---~ • • 1?4 ��---------~--------- ...___ ......... -.-------------------------------.-.-----.... meet, and I belieTe that while we were in the oar Saturday night ' waiting tor Lawrence, that he oontaoted 11074. beoaua• 11074 was alrea47 al the aenioe hang around that fiiliq good friend I didn't when we got there. The7 station all the time--Perr,- of their•--he tell atation doesn'\ 1a a care what they.do. anybody exoept Lawrence and noy4 that a revenue man was going ·to be with me. Ky wife 41dn't know it until They didn't afterwards. prom.la me an7 money for my 1nto1"118tion. WhenI talked to ~1074 Shitf'lett on SaturdaJ about noon, I tol4 hia that I could make $35 or MO a week by siving the revenue agents lntoraatlon f'rom bootlegJera. • I made the foregoing inforaed and helping to bu7 whisk"er Toluntarily atat•ent ,hat the statementa therein and haTe been caa be used against me in a criminal proaeoution. Given under my hand this 4th day ot Jla7, 1g4e. Subacribed and sworn to betore me by John E.Crawtord, 4th day ot lla7, 1948. • (Signet) K7 oommission expires !u i1,:9r • lot ey b Vka!DJI Noveaber 3,1951. thia ,j 1o (Each ot the four page from which this was copied contain, on right-hand margin,t e initials J E O ). ------------------------------------------------------- 175 ��(Copy of •1tt. lot John E.Crawford . Elkton, Wife• Va Detendante.") .U Box 285 l child - girl (1) 1 Friday Night - Met Taylor with Dutt• Bailey - going to 2 Port Republic agreed to pay ae t2. 09... lOR OK. Elkton Taylor tor Oup of whiakey On Thursday - Agreea with Bail8f' -to do the work. Did not 1r0rk ¥r14ay Night Sat nit• Ket aa wife was sick - Kade date tor Abt 7:30 Taylor Sat nit• Bailey left in Bailey oar with Baily• and Taylor and I came to Elk with Lawrance Deane. tor whisky said would tak Asked L D his wife. Oct in his car by RR with Ta7lor rode around 'ba .ck to Baileys 1 T 7lor out - 7. Stalked to somebody - r ua up road to find some Law.D. Barry Lamb All got & me in Back - S & Dean got to soutting - not aad ·ent in s,ore were aoutling ~ \ih D on Top. Deane after .us F S Hit him 2 times. to pull Lawrence D ott & l S helped me• got up and we went on road-running Elkton. n I ·came out Taylor• L D ran up & got Ta7lor around neck and started .Both Went down L. fighting~ triad tor c1g retts I s. Taylor - looted Baok & thought ran abt 50 7d went into tield ."ent to Dutta home - Ca.meto Dutt ashed . Came baok to lUkton_ I got out. (.The Bert oo~1e4 eboYe)wea on two pages of ruled t ble~ aper, 1n peno1i. ~------~----~-------~--~~--------~~--~-~~176 ��(Continuation of copy ot."Ex. 1 ot Detendanta.",-the part on third and laat page ot ruled tablet paper,aleo in peno11.) (Corner~~ot ........................ paper 'I Shiflett torn). ·········~························ .. Place in Elkton 2 L 3 L - Deane l. Ray (?) Lawson Port Republic Bill Via L ~aw - D after tight,~· 1~ Bowlig ally Did not see any of them after this Sat nite - Did ·not aee an7 of them on Sunday. Mon4a7 - r. & L came to m7 house - Did you know that wee revenue Man - I denied I knew him - C & g (?) Oonetruotion A1e1 (Written with the paper turned to one side, so that these f1Te worde did not oo1na1de with the lines ot the ruled paper). penail marks on the copy are an ettort to represent the punctuation used on original and the way a capital le,ter or something else was marked out). (The 177 ��STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: .... IN THE CIRCUIT COURTOF SAID COUNTY: The grand jurors of the.County J 1 Circuit their ~/~~ Court oaths of said the j £,~_ did unlawfull) _~ ½~ -43-ogetheP for \\· the with and wound with or kill, nose, against This the peace indictment eRQ eon!1iderille feloniously and there the grand to give and him the and maliciously injury; with intent did beat to-wit him, a the disable or of the Commonwealth of Virginia. is found upon the testimony before t'o ·maim, conspiracy an assault to maim, disfigure, and dignity and John E. Crawford, t"njury .a.wl-eo-dtt:y of- said and cause him bodily Taylor jury of Rockingham, Lawrerre~ Dean and Floyd Shifflett, and lacerations, then upon hifn, the sai-4 ~ El'. -~or the said fists bruises said H. E. Taylor, County oonsp1re and in pursuance unlaw.fully, their the Term, 1948, in the @e.i~H. E. Taylor~make said H. E. Taylor in and for LAWRENCE DEANand FLOYD SHIFFLETT, intent, they, .Ht miJupon(-t;he kill, April purp.oaa ~ -e-o:mmitt1t1g an assault confederation, fractured that at its and feloniousl{"'"."'UM, t"~ . upon H. E. Tayl~, l{ J di-sfigure, •disable J~~and County, day of May, 1948, 1st of Virginia, of Rockingham and now attending do present on or about of the State witnesses evidence. sworn in Court of H. E. and sent �t \ ' CONiMONWEALTH v. INDICTMENT } LAWRENCE DEANand FLOYDSHIFFLETT ·1 Felony April Term, 1948 A True Mf7 Bill: I I ,-/7-lf~_9' ~~ F~re:man ) [ .--!. (-, ~ 'I Witnesses: 1. H. E. Taylor 2. John E. Crawford ,; George D. Conrad Commonwealth's Attorney -;,-... - �C AMENDED INDICTMENT STATE OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: THe grand jurors of the State of Virginia, the body of the Gounty of Rockingham and now attending Circuit their Court oaths of said County, do present on or about the 1st did unlawfully that day of May, 1948, and feloniously said H. E. Taylor maliciously did beat with injury; intent disfigure, disable the nose, against make an assault feloniously their H. E. Taylor, or kill, in the County of Rockingham, unlawfully, a fractured said Term, 1948, upon upon H. E. Taylor and wound with to-wit, him, April the LAWRENCE DEANand FLOYDSHIFFLETT, and him the bodily at its in and for fists and cause him bruises then the peace and and lacerations, and there to maim, and dignity of the Commonwealth of Virginia. This indictment is found upon the testimony Taylor and John E. Crawford, before the grand jury to give witnesses evidence. sworn in Court of H. E. and sent �COMMONWEALTH V. ) AMENDED INDICTMENT LAWRENCE DEANand FLOYDSHIFFLETT Felony April Term, 1948 George D. Conrad Commonwealth's Attorney �IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY, VIRGINIA: COMMONWEALTH v. CHARGE TO JURY. FLOYD SHIFFLETT If you find the accused, wounding H. E. Taylor or causing with malicious intent, so and fix punishment a period his one year If you do not find bodily him guilty therein injury, of unlawful charged, finement finement in jail exceeding five five hundred charged but find months, both by confinement or by a fine such fine but injury, punishment of not less ' or find as by conthan one by con- months and by a fine him guilty him guilty in the indictment, punishment wounding in your discretion, twelve for ten years. bodily his say not dollars. If you do not find aforesaid, a period or, not exceeding you will in the indictment, or unlawful for years, by any means, of malicious say so and fix in the penitentiary year nor more than nor more than as charged you will injury, of in the penitentiary him guilty wounding guilty in the indictment, by confinement than Shifflett, him bodily as charged of not less malicious Floyd of either of assault then you will in jail for not exceeding of the and battery, felonies as further say so and fix his a period five-hundred not exceeding dollars, twelve or by and imprisonment. If you find him not guilty, you will say so and no more. ��IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA: COMMONWEALTH- v. CHARGETO JURY FLOYDSHIFFLETT If you find the accused, wounding H. E. Taylor or causing with malicious intent, so and fix punishment a period his of not If malicious him guilty therein year in jail exceeding five If aforesaid, charged him guilty wounding five hum.red you do not find in the by confinement or by a fine such fine If you will in the penitentiary say for wounding indictment, bodily his but find injury, punishment of not less or as by con- than in your discretion, one by con- months and by a fine not .. him guilty him guilty indictment, a period twelve dollars indictment, in the or, not exceeding of by any means, of malicious say so and fix years, injury, or unlawful for guilty nor more than ten years. as charged you will but find punishment months, one year in the penitentiary finement both injury, nor more than in the by confinement than of unlawful charged, finement less Shifflett, him bodily as charged you do not find bodily Floyd of either of assault then you will in jail for not exceeding five of the felonies and battery, say so and fix a period hundred as further his not exceeding dollars, twelve or by and imprisonment. you find him not guilty, you will say so and no more. ��C IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA: COMMONWEALTH v. CHARGETO JURY LAWRENCE DEAN If you find the wounding H. E. Taylor with malicious so and fix a period his accused, or causing intent, punishment one year If you do not find bodily him guilty therein year of unlawful charged, finement injury, you will nor more than five in jail not exceeding five hundred for charged but find months, both by confinement or by a fine such fine him guilty him guilty in the indictment, punishment discretion, mbnths but find injury, punishment or as by con- than one by con- and by a fine not dollars. If you do not find aforesaid, twelve for wounding of not less in your say ten years. bodily his a period or, exceeding you will in the indictment, or unlawful years, by any means, of malicious say so and fix in the penitentiary finement nor more than as charged of in the penitentiary him guilty wounding injury, in the indictment, by confinement than Dean, guilty him bodily as charged of not less malicious Lawrence of either of a~sault then you will in jail for not exceeding five of the felonies and battery, as further say so and fix his a period hundred not exceeding dollars, twelve or by and imprisonment. If you find him not guilty, you will say so and no more. �' �#1380 la/11/411 CHARLESP. CHEW . Executiw,Secretory RICHARDW. COPELAND Director RALPHE. WILKINS JAMESW. PHILLIPS PAROLE BOARD lllCHMOND Ja.rmary 3, 19Ei0 Honorable Hamilton Hawes Judge, Twenty-Fifth Judicial Luray, Virginia Circuit Dear Judge Hawes: In Re: Lawrence Dean 57618 We are building·up a case file on the above-named inmate. The materials in this file will be used by the Division of Corrections an4 by the Parole Board. The following information will serve to identify this person, Offense: Felonious Assault Court': Rockingham County Circuit Date of Sentence: Sentence Imposed: 10-21-49 2 yrs; and 6 months This man will not be considered for parole Ulltil )le has served onefourth of his sentence. MY. information you should like to give regarding this case will be ~st helpful. If you c~re to recommend for or against parole in this case, that reco~_ndation would be welcomed. Your usual splendid cooperation will be sincerely appreciated. We will not send you th~se letters year·imprisonment. With kindest personal regards, on persor:is sentenced I am Sincerely yours, Richard W. Copeland Director of Parole me to but one ��#USO 11/11/49 CHARLESP. CHEW ExecutiveSecretory RICHARDW. COPELAND Director RALPHE. WILKINS JAMESW. PHILLIPS PAROLE BOARD JUCHMOND January 3, 1950 Honorable ~amilton Hawes Judge, Twenty-Fifth Judicial Luray, Virginia Circuit Dear Judge Hawes: In Re: Floyd Shifflett 57617 We are building·u.p a case file on the-above-named inmate. The materials in this file will be used by the Division of Corrections and. by the Parole Board. The following inform~tiOI). will serve to identify this person. Offense: Felonious Assault Court: Rockingham County Circuit Date of Sentenc~: 10-21-49 Sentence Imposed: 2 yrs; 6 mons. This man will not be considered for parole Uiltil lie has served onefourth of his sentence. A,ty information you should like·to give regarding this case will be rDQst helpful. If you e~re to recommend for or against parole in this case, that recomme,ndation would be welcomed. Your usual splendid cooperation will be sincerely appreciated. We will not send you th~se letters year imprisonment. With kindest personal regards, on perso~s sentenced I am Sincerely yours, Richard W. Copeland Director of Parole me to but one ��STATE OP' 'IIRGINIA, COUNTY OF ROCKINGHAll, To-Wit: I, J. Robert Switzer, Clerk of the Circuit Court of Rockingham County, Virginia, that the foregoing is a true transcript in the case of Commonwealth of Virginia Dean and Floyd Shifflett, do hereby certify of tbe record vs. Lawrence on an indictment for a felony. Given under my hand this ber, 21st day of Septem- 1948. _____________ Transcript Fee.$ ____ . , Clerk. �L l -o .. :t... :J ... J r l. ri n cwoJ 0 JO, l j .:,i .. u 0 0. 0 0 \ ...- rl , ,U,..1. 0 0 i v1 ,.I. J \-~---·--------- .l • �DESCRIPTION Last known address __________ Colo~----_Marks _____f.Y' __ OF PRISONER -~"f._-0__ -~---- Height_ __,L::__~ __________________________________ _ Eyes---~---- Hair_ __~--~- Weight_~~-=----- ,_f------------------------------------------------------------. Occupanon ___ Date of Trial_ ___--~--- J- --•?- ~. ~~---- I ________________________________________________ _ --Y-!_·l/2_:_---------------------------------------------------- Result ___________?,::-:_~-------------------------------------------------------------------------------- ��COMMONWEALTH vs,__;& .............. ~.. :.(::q.~4,~£.1"""""'==----C.~~-'d-~~=:..---- DESCRIPTION OF PRISONER Last known address---~----------------------------------------------------------------------Color ____________ _ ~ Marks ___oq: Age______'}-. Height___£,.!"':"-/__ Eyes---~-- Hair__~ Weight_1=. L_?d____ ________________________ ·-------------------------------------------------------------------- 3 _'- ____ Occupation ____{4,,..f/, _____________________________________ _ Date of TriaL_~~- _/_')..~(_f.:: __'C_~~- ~0-- ----____________ ---------------- Result _____~~ _________________________ •________________________________ • ______________________ _ ��mMMONWEALTH VS. ~ ?¥ DESCRIPTION OF PRISONER Last known address----~---------------------------------------------------------------------Color_ _____~_:- Height__J_-:-_r--- ,&':/' Eyes___ Hair_~----- Weight_L_.f_q ____ Marks ______b,/(---------------------------------------------------------------·-----------------------Age.------~-.:.~------ Occupation ____~-J4/!~---!::::-::~-~---- Date of Trial_ ___--~ _j_J _,C./.._f:::-_ __ ~~-~JJ.---- __________________ :.____ _ Result _____/£~_,--------------------------------------------------------------------------------- ��COMMONWEALTH VS. DESCRIPTION 7 OF PRISONER I 11? ... Last known address_________ -lM-i...------~------------------------------------------------------------Hair_:__,_ ______-~-- Weight_j_'i_Q _____ Marks ____-YG-,-/--~-------------------·------------------, ------------------------------------------------,.. 1 Age____________________ Date of TriaL _ Occupation ___~--------~-------------~---J---------------------------------- ~vv:e-Ld ___ / ~~~.~ __________________________ _ Result ________~-F-------------------------------------------------------------------------------- ��llarch 25, 1949 Re: L&wrence Dean and Vlo7d Sh1ffl tt v. Commonwealth Record No. 3513 Mr. K. B. Watts, Cler~ Supreme Court ot Appeals of Virginia Richmond 10, Virginia Dear Mr. Watts: As requested in your letter or March 24, I am sending you herewith copies or the instructions (granted and refused) in the above case. • Yours ver1 truly, J. Robert Switzer, mb Enclosures: In,structions Instructions l to 6 (inclusive) B, C, D, E, r., G Instructions Zl, z, Clerk ) ) A, X, Y (refused) granted �~~----------------------------------- l ) l �CHIEF JUSTICE: EDWARD W. HUDGINS SUPREME JUSTICES: HERBERT JOHN COURT Of' M. B. WATTS APPEALS CLElltK, B. GREGORY W. EGGLESTON C. VERNON SPRATLEY ARCHl&ALO C. BUCHANAN ABRAM P. STAPLltS WILLIS 0. MILLEFI Of' WILLIAM VIRGINIA DEPUTY RICH MONO W. SMALES CLE1'K, Richmond 10 March 24, 1949 Re: Lawrence Dean and Floyd Shifflett Record No. 3513 v. Commonwealth Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Dear Mr. Switzer: I received from you a few days ago two original exhibits filed in the case of Dean and Shifflett v. Commonwealth which you kindly sent me at my request. The court thought possibly that included with these exhibits would be some instructions which were not made a part of the record as transcribed. You will find that these instructions are referred to on page 145 of the printed record (a copy of which you have.) I will be obliged if you will examine the papers on file in connection with this case and if there are any copies of these instructions with the papers, kindly send them to me for the examination of the court. Yours very truly, ~~ MBW:lch Clerk STAUNTON ��VIRGINIA: ~ tk in o/~ftea6 ~(){W/ Y¥M<eme t/w~~ oj'Pldllllllmd on Lawrence Dean and Floyd against kid a1 tk tk Monday !!t{Uu;lfl ~oan=!f~ 25th Shifflett, day o/ April, Plaintiffs 1949. in error, Record No. 3513 Commonwealth of Virginia, Defendant in error. Upon a writ of error and supersedeas _to a~udgment rendered by the Circuit Court of Rockingham county on the 23rd day of June, 1948. This day came again maturely said considered and arguments ing and filed plained or. with It the transcri:pt by counsel, of the record of counsel, is of o:pinion, the record, that is therefore be reversed and annulled, is remanded to the views e.xpressed the :parties, said in the Which is ordered there adjudged the verdict circuit said court written of the for reasons is error in the and ordered that of the set jury for a new trial opinion of this forthwith to be/certifjed A and the to the said court having judgment afore- stated in writ- judgment the said aside, com- judgment and the case in accordance with the court. circuit court. Co:py, Te ste: Clerk. (over) �Writ ta.e.XA-.. _______ _ Prjntin~-------AttorneyTs fee ____ Small fees ______ Transcript ______ Printing brief ____ Total .... _ _ _ _ $ Teste: __________ c. C. ��.... ~ �INSTRUCTIONNO. O. The Court instructs is one of the elements the burden the jury of malicious that assault malice and that is upon the Commonwealth to prove malice beyond a reasonable of the defendants doubt, in order o! mal.1clous assault. to convict either �.o '1 lo .0 j IT'"'U l1 e T �.... INSTRUCTIONNO. The Court resting instructs the I jury upon the Commonwealth to prove beyond all material reasonable element thereof, does not mean that to establish doubt it charged or beyond more than satisfy the whole the accused is guilty -/ 41!7. all of the certainty doubt. against for accused possibility jury that the burden the accused of an offense is necessary the guilt that and every the accused, the Commonwealth to an absolute of mistake or to do upon the evidence thereof guilty beyond all as a reasonable ��Z:__ INSTRUCTIONNO. The Court in this the four injury; ease, instructs if warranted following the that under by the evidence, verdicts, (2) Unlawful jury to-wit: wounding the indictment you may find (1) Malicious or injury; one of wounding (3) Assault or and battery; (4) Not guilty. You are further injury is committed ~nd maliciously .thereby Unlawful bodily either when one person wounds or causes is committed to another but not maliciously, disable injury or kill intending malicious unlawfully, injury disable wilfully, thereby Assault in an angry, either and battery rude wounding or wilfully, feloniously to another, intending or kill when one person unlawfully, such other. done to another that bodily to maim, disfigure, wounding injury instructed such other. wounds or causes and feloniously, to maim, disfigure, is any physical or insolent manner. �l �INSTRUCTIONNO. $. The Court to this case express or implied. revenge, but every every It design has been attended of social with malice sense. depraved and fatally and cruel Malice bent and It may act done in law is is meant that the act as are ordinarily and malignant in:iications hatred motive. or excuse. and by it as applied It may be either not only anger, such circumstances them the plain duty, that from any deliberate in general; with jury and unjustifiable provocation symptoms of a wicked, carries includes unlawful or implied reasonable evil the is used in a technical be inferred without instructs spirit, of a heart upon mischief. and regardless �--- -· --, �INSTRUCTIONNO.-±- The Court intent may be proved or circumstantial facts, proven which warrant inferred like evidence and if the existence instructs surrounding the any other that fact, the malicious by either or by a combination circumstances and justify of such malicious therefrom. jury of both; and conditions an inference intent, direct therefrom the same may be are of �.... �INSTRUCTIONNO.£ The Court at the scene instructs of a crime the aiding is guilty as a principal further tells jury assistance constitutes The Court believe Lawrence assaulted H. E. Taylor, Lawrence Dean and Floyd punishment #ff the and abetted you shall Shifflett, or act jury beyond a reasonable then The Court of in such crime. instructs Dean, aided in accordance or participating any encouragement further from the evidence one who is present in such crime. participation prisoner, case. that that and abetting therein the jury with the charge doubt by Floyd find guilty, that if you that the Shifflett, the prisoners, and fix to the jury their in this �r �INSTRUCTIONNO. The Court of witnesses the law is directly that, jury to each other, on the the reasonableness or lack candor the for the is not bound to their manner of testifying, of their their the interest testimony, apparent of the witness circumstances appearing on the trial, which witnesses are more worthy of credit relative of any such testimony, their intelligence and from all ~ other -from the appearance any appear, accordingly. on on the if weight and testify to determine stand, and fairness, of the trial, jury jury; who may have testified and consistency of intelligence, surrounding the credibility the number who testified have the right of the witnesses apparent that where a number of witnesses as against the jury exclusively the number of witnesses one side result the a question opposite regard side; is instructs in the other determine and what is the and to give credit �t ...... �INSTRUCTION NO. B. The Court may find the a reasonable caused bodily injury maim, d1sr1~ure, words, Taylor, simple that to fins guil~ tha~ with the intent the aX!l'.ba of the against or the if said they to H.E.Taylor. defendants guilty them, the Jury either, to permanently such intent or fs)Jr)d••• or one or them, they, or kill one, assault from the evidence two charges intended and without assault. or malicious either ~ and Lawrence Shifflett to H.E.Taylor disable of these must believe may find doubt before you tha:t, you must believe beyond of either Floyd jury or them, guilty assault, In other the defendants, Dean, or either felonious instructs which the injure the can be guilty jury said only of �..a . .uoy T.T n~~ ! ~ .... ,~ J l'J" 0 e. t '"U t1' 1o· ii, e "t"IL B E V r r.fj lJ;J ·w t ['4 w wlnl d I cw - l /--...:,.,,.J,s<'l"Q J-... C, ~1'! ., ... ~ -r 'J! ) ' 1 [ ll le ,. t • b "I II lOG -'l !"'". '! ee.1 r1 ' eIJ Jsrl .. { Cf bl tl 0 t •• • ,Hl • ~ O'l 0 ~ er,:o '!0 ' • r :i.t brrl'l 1 !I t ::i .... 0 3'-:uroO e :t OJJ'Ij Bl11 b.,.. I l r ;- rl:t lfj 6'lOlad I WITOUH ;t r~ ,1 j.(li ~ '\.._ C .t ., 1 r r l T �INSTRUCTIONNO. D. The Court believe from the evidence was the aggressor prehended force instructs bodily and that harm, as was necessary the jury in this that case if that they H.E.Taylor Lawrence Dean reasonably thA\he had the right to protect himself, ap- to use such and if you ✓ believe that reasonably should find the said Deacn ;1sed only such force deemed necessary him not guilty. to protect himself, as he then you �.a . HO OH HI ... rlj j e 110 'll: e :i a.e bns to t 'lI lrl j ".Hfe v:J: o b e~aeb ve erlj mo~1 al ejo~q ve1Ieo lT.8 oj n,n ue a , t.0 _nj' s j .. rt ml: . fa ·' va 1- r d .fJO �INSTRUCTION The Court which the defendant, Taylor d+d not, unless the able the defendant Taylor, instructs they c.-. the of itse~f, defendant find that any tussle may have had with constitute an assault, from the evidence, Floyd Shifflett Dean in committing shall jury Floyd Shifflett, jury believes doubt,that NO. and beyond a reasonaided an assault the defendant, H.E~ Floyd and abetted upon the Shifflett, said H.E. not -------------------~--- --------_.,.._ -------------------------·--_,_ �ere JJ "( 8 b rl •I.iJ -1- .ed: , •· ~£ • ve n.a ba l.a ;t;teI'l .. . .aB Ifj rro r j !lr.se " dol. t c •iiob ea ;trx 1>rro1 b Id rlj ..._,r LH - -----------------------------------~-----------------~-- �INSTRUCTIONNO. E. The Court sumes every until his instructs oerson guilt charged crime to ~e innocent stage although they might have believed, its case, that and they Floyd Shifflett doubt, yet after hearing behalf of the prisoners, if to the guilt the is their duty to give Shifflett the benefit or either of them,as not guilty. charge Lawrence Dean and/or were guilty the evidence beyond reasonable introduced a reasonable made against the accused on doubt Dean or the defendant on the whole ease or as to any fact to prove that when the Commonwealth they bear of the defendant case and applies are instructed the defendant the defendant doubt of innocence the entire to every closed the law pre- presumption through thereof; that beyond a reasonable and this the prisoner jury with is established by the Commonwealth, goes with the or circumstance as Shifflett, essential them in the indictment, Dean and the accused of the doubt and find them mll~~tlt~ to whom they have a.reasonable doubt, it �• :3: • s.£ -e'Iq j ... j ;tneoo b e B nl: r b r, nl "JJ'lJ j eid -noe 'I bnov. d 't no beou ,o.,.;tnf ! a d'duob I'l:'l:1rl8 ;t ' 1 ned I b B.UO · .xi.lUl , ;:t ·.ucb sI noe 1 < r. erfj h merl;:t ,nl '! o n 11 9rfj .... . .) j V ~ cu mo dj dn ·u 0 VO Cf 0 ,dj v ('., ;t ;t ;t _(tr lo ·"!j! .. • 'lo d J o;t t J 0 "I I.JO T rl ,. ... b j rl3 lo j' !l JJO jf "' b ~ 'IO ~ J n "t0 .,. j .L :, e;H b BO(O ~ t ,e eno l"' n e o r{-1- A;j '"llf ;t j- edj j 'l" V arl I1 'I 'I ed;t 0 ~10 lid 8'I !IO 0 l ert;t nl noe ba "HJ '1 .tolbal 'I-ij :+~ hf' 'IO ;tn V t .... J.... l;tnee ;t• rl 'I 'IWB T ITS 0 r t ;:tr, e I [ ~ .:.tru e e ..,e d 10 ns l I rfj rlo rm 0 b ertl -+!HJ .. :nl'I!> rl;:t OJ ·O d r'llJ JdH b e!d.e 8 'KOITDU .'.t'8HI •• 9 u ' �INSTRUCTIONNO. F. The Court instructs one of the essential p" indictment, to prove elements and the Court mintent" guilt be inferred that "intent" of the crime tells beyond all you that with the charged inconsistent of the in the and that doubt. but must be inferred innocence is the burden reasonable from circumstances of the accused, inconsistent jury is upon the Commonwealth, same must be proved not the of proof the It must with the from circumstances accused. �• el -r ;t al ,.. VT'.'l' 'lo ";ta~1;J'at· 1 d'.s.61 ,.,..~".J·. be~· ..... p_io ~,m edd' 1n ejneme!e a:~ --wd .::teIJ j! 8f ;t dj r: .. lw ! ...1~J w~:fj uo jrrnjel ':l e rll O't -·Cio~ - e• ~CI0"'1'1i i• e.dd' ej:,_,•:r;teal "l!I~j I~· j'IUo r 1ld'rreeee d''IlJ'O') • !L bno . c "'ono:.te;,:::.ro'Ilo rr ' erlT b .,, OT.mO'Il ~ ba_ erl:t ':.o aao ,j'..,.(1_[ t1d jau -~'.:"'l'Ier·rt! -, ' dJ .. j 11 J J ""o.t:bat o urn e-J j'Q[t J e ,, , o 1 • �VIRGINIA: CO_.0 IN THE CIRCUIT COURT OF ROCKI! ..:.Al CCT TY: ,EALTH vs. LA'WREiWEDEAN AND FLOYD SBIFFLE'I'l' This day came the defendants, Shifflett, in person as the grounds jury assault of returned their October and fixing Penitentiary and by counsel, for 1. to set 11, 1949, finding punishment a period aside the following the verdict them guilty of the of malicious at confinement of two and one-half verdict Dean and Floyd and assigned motion their That the Lawrence in the State years: of the jury is contrary to of the jury is contrary to of the jury is co trary to the law; 2. That the verdict the evide 3. ce; That the verdict the law and_ the evidence; 4. That the court testimony offered objections 5. erred accused; That the court erred of the defendants appearing article heretofore been filed Tnat the court motion of them, paper against if article, the to poll the motion a mistrial concerning in the Daily 11, 1 49, ant's in overruling to declare of October 6. certain b: the Commonwealth over the of the of the newspaper in admitting ~ews Record by reason the trial on the mornin a copy of which newspaper as an erred exhibit in overruling the jury any, had read in this 6 has case; the defend- to ascertain the aforementioned which news- arid wl.1.ether they had been prejudiced accused by said article. �~~ ~ .... >, I ~ \"· ft\ ~ ~ (j l1 'l\ 'i .... �C 7f'. Docket No.e{ca COMMONWEALTH of VIRGINIA ) vs. ) Misdr. (appeal) ) LAWRENCE DEAN _J_ul_i_an_K_;_.._H_i_c_kman ________ Own 1949 July ( X) 21. Appointed ( p. d. ) Docketed. I I I CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. �Kevotone Envelope Co., Phlla., Pa. �\ �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Lawrence Dean and Floyd Shifflett Subject The topic of the resource Felony Malicious Wounding Description An account of the resource Defendant charged with felony malicious wounding Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1948 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_015_002 Dean Shifflett https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_020_commonwealth-v-lawrence-franklin-plume.pdf bf578b804ee23be29fcd3bb5ca00b2c9 PDF Text Text �---- --------- �COMMONWEALTH v. LAWRENCEPLUME CHARGE TO JURY If you find manslaughter, his punishment the accused, as charged than cretion, by a fine ment in jail in the by confinement not less one year for If you find Lawrence warrant, not exceeding five you will you will or, Dollars, one year, of involuntary say so and fix for years, One Thousand not exceeding him not guilty, guilty in the penitentiary nor more than a period Plume, a period of in your disor confine- or both. say so and no more. ��Commonweal th v. Plume INSTRUCTIONNO. I The Court instructs the jury that the law presumes the defendant to be innocent until he is proven guilty as charged in the ~(,.,J:~J;'by the Commonwealth, by evidence of moral certainty be- yond all reasonable doubt, and to the exclusion of every reasonable or theory .lilfrhypothesis consistent with his innocence. This presumption of innocence goes with the defendant throughout the whole case and applies at every st~ thereof, so that unless the jury have an abiding conviction of the guilt of the accused, guilty. they should find him not ��COMMONWEALTH v. LAWRENCE PLUME V INSTRUCT ION The Court instructs is the killing an act that negligent follows the jury of a human being involuntary unintentionally 1(~~~-N~~ is unlawful performance that of a lawful as a consequence act; while or in the and that of such a reckless manslaughter performing improper or when a homicide or culpably negligent IS' act as~incompatible causing with the proper such death II- II - is guilty J1 ✓ II. regard of involuntary for human life, manslaughter. the person ��Commonweal th v. Plume INSTRUCTIONNOo The Court instructs the jury that the gist of the crime charged against the defendant is criminal negligence; by the term criminal negligence is meant not simply such neg! igence as might be the foundation of a suit for damages by the person injured or by his personal representatives more than that; in order to be criminal negligence, if killed, but something as distinguished from such • ·1 damage, /"eca1 neg I•1gence as •1s necessary for a c1v1 111 rert,. 111.u, 1t must bes hown t hat t he negligence of the accused was gross or culpable negligence; negligence culpable or gross is that which indicates a callous disregard of human life and of the probable consequente of his act; criminal liability cannot be predicated upon every act carelessly performed merely because such carelessness results in the death of another, but in order for criminal liability to result from negligence, it must necessarily be reckless or wanton and of such a character as to show disregard of the safety of others under circumstances likely to cause injury or death; the crime is imputed because of recklessness, and where there is no recklessness, there is no crime. �'i (. �Commonweal th v. Plume INSTRUCTION NO. The Court instructs the jury that f\it ~ I • • J • tJ. ·cl• the burden is upon the Commonwealth to prove every essential element of the offense with which he is charged, before you can con vi ct, beyond every reasonable doubt, unless you so believe from the evidence has proven the guilt of the defendant and in this case that the Commonwealth beyond every reasonable doubt, it is your duty to find the prisoner not guilty. then �..' �COMMONWEALTH v. LAWRENCE PLUME INSTRUCTION In considering burden whether of prOJing the the Court instructs the "reasonable" nor its is founded on reason, possible doubt, guilty ences doubt, not overlook A reasonable doubt law does not say that imaginable, its conceivable case, including The jury or doubt. of the charge, presented and reasonable cannot which a man must be proved evidence the natural the word imaginable or possible the doubt, is a doubt with of the proof consideratio¢o to be drawn therefrom. to create you should upon the sufficiency of this beyond reasonable and is not to be confused must limit the trial that meaning. beyond every jury of the accused jury for the In passing the guilt or not the Commonwealth has met its at infer- go beyond such evidence nor can you go beyond such evidence to find infer- any iiliif doubt enc es of guilt. Furthermore, arising the from lack questionable material proof fact jury should of evidence, bear from conflicting of any particular essential in mind that to the fact, proof and not a mere doubt concerning testimony should of the guilt immaterial or from be a doubt of a of the accused and nonessential cir- cumstances. If, evidence, after a reasonable your minds are you from reaching then left belief the Commonwealth has failed If, on the other of all conviction of the truth reasonable the doubt. hand, consideration ins uch a state a convinced sideration all and honest after evidence of the an impartial in the charge, of doubt of the guilt to meet its case, of all of the as to prevent of the accused, burden. and reasonable con- you have an abiding you are then satisfied beyond �• ' �I, Lawrence Franklin Plume in open court, before the Judge County, Virginia, do voluntarily of involuntary manslaughter Given under Witness: my hand this ~ warrant, , the accused in the attached of the Circuit Court of Rockingham waive indictment on the said charge 21st day of October ---------- , 1957. �-· :t �B851280 F ,, TATE POLICE ~/// Improper I hereby promise lo appear al the time and place specified above I (Defendant's Signature) ?_-_/._v'_./_-7 __ Date __ _ Summons required under Title 46-Section 193, Code of Virginia. Failure to comply with this summons constitutes a separate offense. ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS JURISDICTION, CITY COUNTY, I PLEA □ GUILTY □ aE PENALTY IF S IELD NO. 1/ This abstract is filed by the Judge or the Clerk of the Court having Jurisdiction of this case as required by Section 46-414 of the Code of Virginia of 1950. CITY CONVICTED OF COURT DATE OF :~~LTV IMPOSED DEFENDANT JNG- I CONVICTED OF SPEED- SPEED TRAVELED APPEAL OF JUDGE OR CLERK LICENSE SUSPENDED □ I TITLE YES TAKEN OvEs SPEED ONo ZONE MPH MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDING- SIGNATURE NAME OR TOWN PERIOD □ I NO DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Following too closely Did not yield right of way Failed to signal tum or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �@ - m •••• ~ Qfy_D_E_PA_R_T_M_EN_r_o_F _sr_A_T_E_P_o_u_c_E_ Date,_/_B_B_5_1_~_e_o_ •-•-::..fy ,,. M--~-----------------/=-fi_c...;?,_, , Trial Juslice ______ to answer ___ for violating the Motor Vehicle Laws of Virginia, Improper . ... CITY ( .I SEX I HE~GHT FT. STATE I WE.IGHt IN. POLICE Driving D Exceeding to appear before: a.~ ______ o'clock.____M. N Operators Li ° Chauffeurs cense D Speed Limit .. j I D r Summons required under Title 46-Section 193, Code of Virginia, Failure to comply with this summons constitutes a separate offense. ABSTRACT OF CONVICTIONOF WITHIN NAMED DEFENDANT JURISDICTION, ,,,,_) COUNTY, ...l , STATE , EYES summonsed __________ Reckless Signature) ADDRESS You are hereby at the time and place specified above promise to appear (Defendant's RACE to-wit: D I hereby --'-_____ ~--------------o~ ~------------- HAIR I I YEAR BORN I OPR. OR CHAUF. LICENSE 1 LICENSE /• PLATE .· NO. I PLEA □ GUILTY □ STATE PENALTY CITY OR TOWN CONVICTED I NAME OF COURT OF I :~~LTY APPEAL TAKEN IMPOSED /r ✓ STATE IF J. SHIELD , NO. This abstract is filed by the Judge or the Clerk of the Court having jurisdiction of this case as required by Section 46-414 of the Code of Virginia of 1950. DEFENDANT ING- CONVICTED OF SPEED• - SPEED TRAVELED I QvES SPEED OF JUDGE I OR CLERK SUSPENDED □ TITLE ·- YES ONO ZONE MPH MPH LICENSE IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDJNC:.SIGNATURE DATE PERIOD SUSPENDED □ No I DATE - } �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Did not yield right of way Improper passing Operating wrong side of road--not Following too closely Failed to signal tum or stop Disregarded stop sign overtaking �.... --_ ....,. .. _. __ ,.,..._.,.._,.. __ ._..,.,..,.. ...______,,,....,._._ - ~---•-..-m~•-•••• ...,.,,...,.,_ Comr. l'orm 18-A I ST A TE OF VIRGINIA X:~ OF Harrisonburg City No ______ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: C.P. Bucher Whereas, John G. I.eake has this day made complaint and information on oath before me, ___________________ Justice of The Peace ____________________ of the said Lawrence Franklin __________________________ did on th~ __29th , ___ kill and slay day OL---------------, Robert ,lills, tha~--------------- Rockingham Plume in tbeam4d County and feloni· 011sly , __ 19__ 56 : Unlawfully __________ December against ~y, _ (Name) City the peace and dignity of the Commonwealth of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham County Court of ~ County, the Lody (bmltms) 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. 9th Given under my hand and seal, thi~ _____ day of____ July __, ____________ _.;::> _ _;-;{__-=-=-/==-----JUSTICE OF THE PEAC~ ---;;"1---'-<-Y ;, (Title of lssuing_Qffiw) 57 , 19__ (Seal) �Ci'tif HaITisonbarc STATE OF VIRGINIA--CXJIClllll'Y OF --------------------, John G. Leake I, that and Lawrence Franklin Plume Gilbert Plum.e (Rt. 3-Elkton) _______________________ to the Commonwealth of Virginia in the sum of 2500.00 ($ to•witCity Jin!PCmit~ a Justice of the Peace in and for the ~ aforesaid, State of Virginia, do certify v __, BJ his suret " Lawrence Franklin f Pluae __._ shall appear before the ._ CoWlty Aucut 6th Rockinch-• p M., at iaITiso•burc 2 Dollars ) , to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to be rendered, yet upon this condition: That the said -------------------, 0 have this day each acknowledged themselves indebted Tw ThouaanaFive Hundred-------------------------------------------------------------------- County, on the ------ day of ------------- at , Virginia, and at any time or times to which or further heard, and before any court thereafter having or holding any proceedings in connection with the for the offense with which he is charged, and shall not depart thence without the leave of said court, the said and effect until the charge is finally disposed of or until it is declared void by order of a competent court; Court ~ '19_, -:,7 the proceedings may be continued charge in this warrant to answer obligation to remain i~ full force and upon further condition that ~J.P. ~~ ~ ~ Q ., i;: ~ ? \ " a. it ~ ~ ~ er... ~ ~ '--" ~ ~ .....s:, ~ a";; ~ 0.. _..,..__ ~ Ill * 9 Er !!: 15· C, (D " ~ I-'· ::s Q '-r1 s· .-j 0 E. " .-j 0 a. (") 5l i;: 9 30 V, i:: 9 30 :, :, 11 e. & ~ 8 ... :, " '< s· °" ~ s· " ~ .," ~ s ~ ~ ;; C, ...... 0 t '-r1 > ... ... ~ c:, ., :::.: .-j ::i. ~ ~ ., ... .,... 8.. ~ ~ i z ~ ~ 9 0 V, .-j ~ i> ~ @ "'v ~ I-' +.- 0.. , ~ 0 ..... r: :, .,0... I < < 8 ji' 'b 'O !!: ... :;· JJ' ... a. °" " s· s· __;· '< ~C, ., !!: ~ 0... n ·,:t 0... g " .,:, g:, ., " ! ~ 0... .,:, ~ ... " i'I"" s· I I 0 ~ ~ g; I-' ~ (") '"xJ 0 '-r1 'i P> & ~ ~.-j 0 ..... ~ (") (D 0 ,<p .. g 'i ~:T * ~ ::s ~ :E! ~ O" ..... "~ 0 ..... * "& " .-j :,- "..... (") 0 V, .-j ~ Q0. V, 0 i:: C, C, ~ i:: -:.I :;· & ro .... (") 0 '-" .\ I) c:, ----~ V' ¾ ~ C, \ i:: ::; <:> C, - £. 0 11 s· °" 11 ;· ~ ll 11 ... 0 ..... "... " \D (") 0 l :, " 9 " n 0 :, °" N. "0... �C. A S. No. 4 N'l _,, ............... 13642 ,a. �I '. r r.l I I- J_l - o;ir --I I I I I JO �In the Name of the Commonwealth of Virginia: To the· Sheriff of Rockingham You are hereby commanded to summon County, Greeting: ............. . ................................ 'r.RO.O.r.ER ...BU.CllER ............................. . ...D.ONALD ..MEAD.OWS ................................................................................................................................. . ......C.ll.IEF ...NO.RVELLE. ................................................................................................................................... . to appear before the Judge o'clock. a. m., on the 11th of the Circuit Court of Rockingham day of ..Nov.emb.er County, ........ , 1957 , to at the Court House ther,eof, at 9 :30 testify and the truth to say in behalf of the against Commonwealth 17efore--th-e-6-r.m-d-J-m-.Y",~"'-~~ who stands charged with and--nrdictcd-for a felony -m-:i~l'e!rl'IO.[. And this you shall not omit under penalty. Witness, CHARLES Harrisonburg, Virginia, of the Commonwealth. E. EARMAN, ......... .LAWRENCE .. FR.ANKLIN ..PLUME ...................................... . And have then and there this Writ. JR., Commonwealth's at the Court House, the .21s.t..of Attorney for Rockingham County and the City of . Commonwealth's Attorney �a~ tlW£ OOPYOF THEWITH! . .,Id..!-::..~.2~~~~ ~-IJJ}::.~fa .._ E .......... ... ························-··-··--······-·-~--,. ·······~·······-···············•····· ~....,...' .... !JI!..~ ..~· -----~ ·-· ···············-·······•~·· ----·---------------------------------___ .__________ t•: !" r.c0i • �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: on.....'fa •.).J............................. . You are hereby commanded to summon .. fOt:fj./ff before the Judge of_th~ Circuit Court of Rockingham County, at the Court House thereof, and the trnth to ....--day of. ........ .... '........ ....~a.. say in in the prosecution of the Commonwealth against... ................................... . behalf of the Defendant ·•··•··························· ················:····JI: .... :.•......... -... . 19$.1 .. to testify at'M!o'clock, a. m., on thn ............................................ who stands charged with and indicted for a felon)' ···········•································· ~-!I· And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ....... ··"· ........... d,y of..... • ••••••••• '11''! • •••19$'1, ,nd in th'}SZ .Pf~+ ......... , Cl,,k ��In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded to summon ..Edwin ..Shor.t of Rockingham County, Greeting: . (.Elkton, ...V.a.....).;............................. . .:---1)gni.el ...Flory ...(Elk.ton., ....v.a• .)..;....Herman ..L.ongley, ....Jr.o.....(.Elkt.on., ....Va •. ) ; v'Billy .Wright ...( .C.ampbell ...C.ourt ...Apts •.,I 1.burg , ...V.a.•.)..;................................... . to ~pear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, 9· 9 at • o clock, a. m., on thellthday say in behalf of the Defendant of......... Nav:emher., ............. 19.5.7 .. to testify and the truth to in the prosecution of the Commonwealth against....................................... . ...................................Lawr.ence ...F .•....Plume ....................................................................................... . 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 .........8th day of ....W.9.Y.~.:rril:)~.:r., .... 19.57, and in thi.l.f3.~4.. year ...... �t • ........ - . -- , • '" '•.SO;J. �R. P. Goon & ASSOCIATES U. S. HIGHWAY ..!Jn6urance SHENANDOAH, OLIVER JANUARY 340 VIRGINIA :lax Service 2-5251 24, 1959 THE CLERK OF THE COURT COUNTY OF RoCKINGHAK HARRISONBURG, VIRGIN IA DEAR SIR: RELATIVE TO THE .ATTACHED SUMMONS FOR THE LAWRENCE FRANKLIN FLUKE CASE HELD SEPTEMBER 27, 1957, MR. & MRS. BEAGHAN AND I HAYE NOT RECEIVED ANY COMPENSATION WH.ATSOEYER FOR .APPEARING .AT THIS C.ASE. WE UNDERSTOOD THAT MILAGE AND ETC. WOULD BE ALLOWED• WILL YOU LET KE KNOW YOUR COMMENTS. YOURS TRULY, ��I Witn_ess Subpoena 4 Commonw:ealth of Virginia: County of Rockingham, to-wit: To the Sheriff You are hereby commande·· 1, in the name of the Commonwealth\of . ~( Virginia to summo. __________ _ ~{ • to appear before The County . ,. ___ t_•_• ___ day of~---~~---- to give evidence in behalf 111 the pending Court of said County, 1c£L, sitting at Harrisonburg, Virginia, m said County, on at the hour of_=?.==-1:~t __________ oP~o-' __1 ---------------------------------- case of ___ C_____________________________________ _ ------".-...:...:.....:.....:...-'--'----=--=-==··:.....------------------------------------- Given under my hand this __ 2·-"--_____ day of __ ;:~~_,t,-'---~-'--'·•-'·=r'--------, 19~:.•, L/L/w-La~1 6-56-SM-Garrison .of that day �The County Court _____ Docket N 0. ( V. ( Witness Subpoena ( 2.14ju .h �V, • th 11//1 ?a k? -L ~Ill✓ �I /( \ \ �---.,.,..r~ .. .0 0 T .0 0 T 5 .l 8 4 .9 0 3 .5 0 5 .6 0 3.50 350 4 .9 0 5 .3 2 5 .7 4 3 .5 0 5 .4 6 4 .3 4 3.50 4 .2 0 4 .0 6 6 .0 2 6 .0 2 4 4 6 6 4 3 .3 4 .6 2 .0 2 .0 2 .9 0 .5 0 .00 108.64 T �I. �' TRIAL JUSTICE COURT Criminal Docket A N<! 24337 j Com'th µ t"U/ V. ,_ /) ~ Jl Defendant I c',,-, T} .'t- " Appearance Date ci°5 Trial Date ,f - 6 - '\l-? 7- 2 7 - ,r / ~e:;::_ �• �Docket No. ,a~;/ ~ . ' ... COMMONWEALTH of VIRGINIA ------- ) WARRANT ) #1 ) VS. Felony ( inv. mans.) LAWRRNCEFRANKLIN PLUME / D-c.......c..._.. _W---'-._E=-ar_m---'-a_n _________ Own (x) Appointed p. d. ( ) 1957 )ctober 21. Indictment &c. waived; accused arraigned and plea not guilty; set for trial Nov. 11. 9/41,;,.. /J1 II. n. • flU-U • . ~7--~ f ! ~ 7 v ·. Lt ~~J ~/. c ~ -I' .:!? t" . 1.,. ;s : ,, -, -·,,~·:: rf O I,..,,,. J I 1 CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. , �Keystone Envelope Co., Phila., Pa. " ' �DESCRIPTION OF PRISONER i,,,ut/ ~1 Last known Color _ address --'~~~~~~-~c'-:---6 _.;:...-'-'--- Heigh~~--~ __ Eves'--1--'--=--- -----'-'_;:_'-:-'-----=-"-----~-------- Hair_"--'-""--"--'-'-''----- W eightc__ ____!_--===-- :;:ks-------=~---=--=-;-t-+-;J=Oc-cu-pa-tio-----"n u=--=i~::~--+1-~-=d,=---,.· ~:=-&~£-J-t:;;--., -------- Date of Trial / / --- I I' - !J 7 Resul.__-=&::__:.:)=----_O_~_. _v__________ ____________________ _ �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Lawrence Franklin Plume 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 1957 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_020 Plume https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_019_commonwealth-v-lawrence-franklin-plume.pdf 904c8591c6dbb25c6dbc0babc8601bc4 PDF Text Text _,,.---. ��COMMONWEALTH v. LAWRENCEPLUME CHARGETO JURY If you find manslaughter, his the accused, as charged punishment than cretion, by a fine m-ent in jail one year for If you find Plume, in the warrant, by corfinement not less Lawrence in the nor more than not exceeding a period you will penitentiary five years, One Thousand not exceeding him not guilty, guilty you will say so and fix for a period of or, in your dis- Dollars, one year, of involuntary or confine- or both. say so and no moreo �.,. �COMMONWEALTH v. LAWRENCE PLUME { INSTRUCTION The Court is the killing an act that of a lawful instructs death jury of a human being is unlawful act; of such a reckless with the the proper is guilty improper when a homicide or culpably for involuntary unintentionally or in the and that regard that ------- negligent human life, of involuntary while performing or negligent follows act performance as a consequence as is incompatible the person manslaughter. manslaughter causing such ��Commonweal th v. Plume INSTRUCTIONNO. ~ The Court instructs the jury that the gist of the crime charged against the defendant is criminal negligence; by the term criminal negligence is meant not simply such negligence as might be the foundation of a suit for damages by the person injured or by his personal representatives, negligence, if killed, but something more than that; in order to be criminal as distinguished from such negligence as is necessary for a civil damage recove it must be shown that the neg( igence of the accused was gross or culpable neg! igence; culpable or gross negligence is that which indicates a callous disregard of human life and the probable consequence of his act; criminal liability cannot be predicated upon every act carelessly performed merely because such carelessness results in the death of another, but in order for criminal liability to result from negligence, it must necessarily be reckless or wanton and of such a character as to show disregard of the safety of others under circumstances likely to cause injury or death; and where there is no recklessness, • the crime is imputed because of recklessness, there is no crime . , �1 • �C ommonwea Ith v. Plume INSTRUCTIONNO. The Court instructs the jury that the law presumes the defendant to be innocent until he is proven guilty as charged in the indictment by the Commonwealth, by evidence of moral certainty beyond all reasonable doubt, and to the exclusion of every reasonable theory or hypothesis consistent with his innocence. This presumption of innocenc goes with the defendant throughout the whole case and applies at every state thereof, so that unless the jury have an abiding conviction of the guilt of the accused, find him not guilty. they should ��Commonweal th v. Plume INSTRUCTIONNO. The Court instructs the jury that the burden is upon the Commonwealth to prove every essential element of the offense with which the defendant is charged, before you can convict, beyond every reasonable doubt, and unless you so believe from the evidence in this case that the Commonwealth has proven the guilto the defendant beyond every reasonable doubt, then it is your duty to find the prisoner not guilty. �1 j 1 �COMMONWEALTH v. LAWRENCEPLUME INSTRUCT ION In considering burden the whether of proving Court the instructs or not the Commonwealth has met its guilt the of the accused jury that "reasonable" nor its meaning. is founded on reason, and is possible doubt, guilty for beyond every In passing the the jury the trial ences of this ences doubt, conceivable sufficiency including to be drawn therefrom. to create doubt not to be confused the natural The jury which such or a man must be proved doubt. of the charge, evidence presented and reasonable cannot nor can you go beyond the word imaginable or possible to the doubt, is a doubt with of the proof consideration case, not overlook law does not say that upon the its you should A reasonable imaginable, must limit beyond reasonable go beyond evidence at infer- such evidence to find infer- of guilt. Furthermore, arising the jury should from laclc of evidence, questionable material proof fact 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 the of a accused and nonessential cir- cumstances. If, evidence, after a reasonable your minds are you from reaching then and honest left in such a state a convinced I belief • the Commonwealth has failed If, on the other sideration of all conviction of the truth beyond all reasonable hand, of the of all of doubt guilt rf the as to prevent of the accused, • to meet 1ts burden. after the evidence an impartial in the of the charge, doubt. consideration case, and reasonable you have an abiding you are then satisfied con- ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon . ......Herman ..Me.ado:w.s., ....He.rman...Longley ..,....J.r.•.,........................ . .Ed ...G.~rber., ...Hugh ..Fre.y,. ....an.d ...Alan ..N.orve.lle ................................................................................................... . ....................................................................(.El kt.on.,. ...Va .•.) ..........•................................................................................................... . to appear before the Judge o'clock, a. m., on the the Defendant of the Circuit 23d..day .......................................................... County, at the Court House thereof, of the Commonwealth L.awre.nc.e ... Frankl.in who stands charged with and indicted for a felony against ........................................................................................ . ..Plume ............................. ,........................................................... .. ~ In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, thel8.th of the Commonwealth. at 9 :30 . D.e.c.e.:mv.er.~........... .. , 19 ..57,to testify and the trnth to say in behalf of oL. in the prosecution Court of Rockingham County, Va., .day of .. ......D.ecemb.er.,.............., 1957- , and in the ...182nd ..year �le-I?:.l.L_JNTH£OOUNTYOF L'm.JTED BY.~UV t • t l:O 1)¥J,,11'...._,. A TRllE (.'..)! y er Ti :f. \\'ITHt~~ a~~--~ ............................ - .. ~.-;; .... ..~.,id--~~ 1/.LZR4.t,~--.., ·--····--·········•·~--- t �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ...................................................... T.RO.O.PER.. BUCHER ..................................................................................................................... . CHIEF.. NORV:ELLE ................................. .. .........................................DON.All)..MEAD.O.WS, .. Eltkt. on .. to appear before the Judge o'clock, a. rn., on the Commonwealth of the Circuit Court of Rockingham at the Court House thereof, at 9 :30 . 23.r.taay of .....De..C.~:mb.~r. .. .. , 19 ...5.7,to testify and the truth to say in behalf of the befoir~ tlre-6rand who stands charged with @ad- CHARLES ..LAWRENCE ...FRANKLIN..PLUME ................................................ . ·:,-nry, against.. +-04+c+e6-~t"a felony And this you shall not omit under penalty. \Vitness, County, E. EARMAN, 1n-i~1+-'l~r. And have then and there this Writ. JR., Commonwealth's Attorney for Rockingham County and the City of �, n_.'.l ~ BY Di::L'.',r::! :" A .. , - • ('' ~ TO.. t, -· --.... .• I .... IH? ---- ---·---• _-:·,:-········::Ji.,t:,c;,~d.CLr/4-.-- -- • •• ""-- ..--,-·--- 5 ·R & DEPUTY SHERIFF _............ . _,, ... �13714· �0 . _er 1c • 1· - !------' I I �Witness Subpoena Commomv:ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, "Janald Clee : eadows, to appear before The County __ 2~7_t_h ___ day of in the name of the Commonwealth Elkton, _ Vir,;inic_ Court of said County, ....eptenb of Virginia to summo. __________ r 19 sitting at Harrisonburg, 57, at the hour of __ Virginia, 111 2_:_f_I_ .._________ said County, on ,of that day to give evidence in behalf of Com' th 111 V. the pending L;:,;,rence case of _C_o_r.1_,,_t_h _______________________ rranldin _ Flume Given under my hand this __ 2____,_4 _____ day of bept ;r.lb,,r , 19 57 ~ w~rza✓DP.TI. ¥/' k 1 6-56-SM-Garrison Clerk C!.¢.rlc �ket No. 24336 A ~ 0 rs. 11::: ~ E-4 E-4 < ~ 0 1 th Co111 >I- 0 :z r.r::I :r:: E--1 z ~ I i:,::i H ~ ll'.l ::s <C ffi z H 0 :::s::: 0 ,.q 0 ·1 :s: < a: w p [:ij ::::> U.I I.I.. 0 C I.I.. (..) 0::. cc: X I- Cl) Cl)~ ( V. ( Witness Subpoena ( 2 <t :::c - ~ (..) ~ J.mvrcnce E:i:ank] j n Pl 1n:1e ~e,Jt ,mbor 27! 19S'l i c.t 2: 1)1' �Witness Subpoena Ccmmonw:ealth of Virginia: County of Rockingham, to-wit: To the Sheriff ~:]ii';~:Xt~iift~iXXG:i3~~ You are hereby commanded, f.:>.y()r ,r. Robert & r.xs. Good; 27th ;. J. Beaghan, day of County, in the name of the Commonwealth Shenandoah, to appear before The County of Page Vao ~""'0 ~ J""t) Srienandoah, of Virginia to summot._ ________ ,, I) sitting at Harrisonburg, i Septe:nber 19.51.__, at the hour o Virginia, 2 • "'""' the pending case of ___ v. Lawrence :franklin 1_t:_h C_o_m_ ____________________ 6-56-SM-Garrison 2_4~ ____ said County, on _ _ Plume Given under my hand this __ 111 of that day 1_t_h to give evidence in behalf of~C_o_m_ _________________________________ 111 _ ~'"o ~ Va.. Court of said County, Greetin13: day of~-~S~e....._p~t~e~rr~1.b~e~r~----, 19-$..- �- a c,,.:z 01 aa' Q,, g t The County Court ____ _J.Jocket No. Co th ( V. ( Witness ( L· ,rence Se~temb~r ~ 24336 A Subpoena ran.l:lin ?l1L"".le 27, 1957, at 2: C ..... > - �I, Lawrence Franklin Plume , the accused in the attached warrant, in open court, before the ~udge of the Circuit Court of Rockingham County, Virginia, do voluntarily waive indictment on the said charge of involuntary manslaughter Given under Witne~~ my hand this 21st day of October ----------' 1957 • ��Improper I hereby promise to appear al the time and place sp Summons required under Title 46--Section 193, Code of Virginia. Failure to comply with this summons constitutes a separate offense. I (Defendant's Signature) ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS JURISDICTION, CITY PLEA □ GUTL TY COUNTY, □ I :~~L CLTY I OR TOWN CONVICTED NAME OF COURT DATE OF TY PENALTY IMPOSED STATE V IF DEFENDANT ING- I CONVICTED OF SPEED- SIGNATURE TRAVELED OF JUDGE OR CLERK LICENSE I TITLE SUSPENDED □ YES TAKEN DYES SPEED MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDING- This abstract is filed by the Judge or the Clerk of the Court having Jurisdiction of this case as required by Section 46-414 of the Code of Virginia of 1950. SPEED APPEAL ONo ZONE MPH PERIOD □ I NO DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis ar~: Speed too fast for conditions Following too closely Did not yield right of way Failed to signal turn or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �B851279 DEPARTMENT OF STATE POLICE / / Date,_____________ Trial Justlce ______________________ (Defendant's _ Li D ,o,~--------------O-----------a~-----~o'clock____M, '10 answer for violating the Motor Vehicle Laws of Virginia, lo-wit: Reckless Driving Improper I hereby promise lo appear -"I D N D Exceeding Speed Limit ,, J7. al the time and place specified above Operators ° Chauffeur■ cense r Summons required under Title 46--Secllon 193, Code of Virginia. offense. I Failure to comply with this summons constitutes a separate Signature) ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS JURISDICTION, .~ _ _, ,a - CITY RACE I SEX_ I HEIG7T FT.✓ STATE IN. ,:>A" _} l.~AIR l Y~AR BORN COUNTY, ) STATE ,, ~EYES,, WEIGHT POLICE l· I I OPR. OR.CHAUF. LJt:ENSE - , PLATE LICENSE NO, - NOT PENALTY IMPOSED STATE IF -~ .. SHIELD - NO. J This abstract is filed by the Judge or the Clerk of the Court having jurisdiction of this case as required by Section 46-414 of the Code of Virginia of 1950. DEFENDANT ING- I CONVICTED CONVICTED - NAME OF COURT OF OF SPEED• I I SPEED TRAVELED DATE APPEAL TAKEN OF JUDGE OR CLERK LICENSE I SUSPENDED □ TITLE YES □ No OvEs SPEED ZONE MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDING- SIGNATURE I GUILTY STATE . f PLEA □ GUILTY □ < <, CITY OR TOWN MPH PERIOD □ I NO DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Did not yield right of way Improper passing Operating wrong side of road--not Following too closely Failed to signal turn or stop Disregarded stop sign overtaking �C:,mp. P-oYm 18 l STATE OF VIRGINIA OF Harrisonburg ~ r No .._____ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: C.?. Whereas, ------------------------------------- Blcher John G. Leake has this day made complaint and information on oath before me, -------------------- Justice (Name) Sity of The Peace of the said o?omtty, that _______________ _ Rockingham (Title) Lawrence Franklin did on the.__ 2_9_th __ kill and slay day of____ Velva Dover, Plume ______ D_e_c_em_b_e_r ______ against , 19~: the peace Unlawfully and dignity of the in t~d County and feloniously, Common·wealth of Virginia 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 body (~) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color Address ----------------□ color Address _________ _ □ color Address ________ _ Cl color Address ________ color Address ______ _ ------□ _ ·---□ as witnesses. Given under my hand and seal, this_-'--9_th ___ day of____ J_u_l__,y'--T----~--.......,,~--~ iL7~· /cr0e of Issuing Officer) JUSTICEOF THEPEACE 19~ 7 (Seal) �City STATE OF VIRGINIA-cxxm:tX JohA G • Leake I. . ~ a PJ.mne to the Commonwealth 2500.00 ($ (Rt. J-EJ.kton) , as his suret of Virginia in the sum of in and for the CQaxy aforesaid, State of Virginia, do certify Justice of the Peace Lawrence Flanklin PlUJle that and Gilbert, lf:tt~= QF _Ha_r_n_·_s_gllb--'---ar=---'-----------~, Y Two Thousand. Five Hundred--------------------------------Dollars ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: That the , have this day each acknowledged themselves indebted lands, and tenements Lawrence Franklh1 Plume said _____________________ 6ta Recki.Jlchaa of -----------'=-------------- County, on the ______ to the use of the Commonwealth <mt , shall appear before the _ day of ___ County A_up=-•-t_____ to Court ~ 192L, at 2 p M., at HarriSOllbq ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that ___________ days Judge. J. P. (") 0 t-:l ~ ., '"Ij s· ,.. .... "' ~l~ "' ~ "'-:-' ~ ~ ~ t 0 .... 0 ~ t-:l ~ E. (") 0 ~ "' Ul . ~ ~ t ~ ~ E. ;. ~ g.., ::, n '< ~ ~ ~ CD C ~ sn '"Ij ;,;- a. .,a.::, 0 0 n "' "' n (") ~ n ::, s:: ,.. .., ,.. ., '-< ,.. aq > .., .., ,.. ~ tc ~ .., .., ~ !:!. s· ::, 'i ;. ,.. ~:,;, -~ Ul >-i ""' z > :E: > ""' !-'•tr! ~- ::s ~ ::, ~ . .,::,-.., i ;. p 0 '1'J I-':,;, t"' >-i ::i: I-' l"l aq _,.. ., k ~ a. '< 0 ~ a. .., '< < :;· aq n, __;· F" E. ~ .., ::, tc '< a. -Y> g, s· g, g < :;· aq "C) .,.., ~ 0 ':i:jo i5. n a (") > 0 r:: :E ., .., .,.., > 0 8CD z>-3 a: a: z ::, tr Ul t:, 0 :E ij : ~ a aa ~s,.. t a0 0 "' nn ::, ::, s· "' ., :a ::, n aq (") '1'J s· n ~ t"' ~ -Y>~ .., < ?' ., .,.., s· ., "C) "C) n, - 0n, 0..., n ;. n, "' >-l ::,- ,.. [ 0 0 j ';,1 0 fl) >-l fl) :a s· b1 D. OQ C -, 0 I:> ::, ~ 8 ;:;: ~s n "' "' n -Y> "'I ~ I;) ~ ~ I:> -----. ~ \ ~ ..... ~ "' t.l ~ (") 0 C ;:::. "' :a n, .., ,.. .... ., 0 "0 (") 0 C ::, OQ ~ 0.. - 0 ::, ;:r ,.. �TRIAL JUSTICE COURT Criminal Docket Com'th V. W, w.W ...- Defendant t,,[ - ¢ Appearance 1 ;,.(,) 'p. Date J- - (;, - 0 - e../,', Trial Date '/ - .2. I - -.J-i' 7 �I v �f4-ku:~ ,-b1.-v~,t_ Docket No. ~?Yd:. 71--~ -;<L............... ~ COMMONWEALTH of VIRGINIA -~ VS. WARRANT# I ) 2 LAWRENCE FRANKLIN Felony ( inv. I, PLUME D • W . Earman Own (x ) Appointed mans.) / d• --------------P· 1957 October accused '/J~ ~---~,_P~). 2l. ( Indictment &c. waived; arraigned and plea not guilty; . y~. ) ~~~ / /) - - 9/;./7?,. 1 ~ 1~ CIRCUIT COURT OFROCKINGHAM COUNTY, VA. �Keystone Envelope Co., Phila., Pa. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Lawrence Franklin Plume 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 1957 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_019 Plume https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_007_commonwealth-v-leo-hoover-hensley.pdf 919cf1940aa9e2de068936fb8ab34db3 PDF Text Text COMMONWEALTH OF VIRGINIA COUNTYOFROCKINGHAM,to-wit: In the Circuit Court of Rockingham The Grand Jurors of the said Hensley of County, ockingha, upon their on the 12th day of April, ham, feloniously and unlawfully Franklin against ~erica, Term, of the Commonwealth of Virginia, the body of the County Court April County, now attending oath present 1956, did kill the peace the Circuit Leo Hoover County of Rocking- and slay and dignity in and for that in said 1956. one Benjamin of the Commonwealth of Virginia. Upon the evidence Ray Morris, Jury to give witnesses of Sheriff Dewey Haney, sworn in open Court Ernest and sent Merica and to the Grand evidence. .' �COMJviONWEALTH V. INDICTMENT • A TRUE BI LEO HOOVER HENSLEY flfl Foreman Charles E. Earman, Jr. C01mnonwealth' s Attorney �:1/..e_ ~ ~ p ~ c,,r~~ -~~~)~r1 '1?!~~ ~-~·-Fk~~ ~ ~~~ t--~ ~ ~~~~•: ~ tc f- r I~~) •• (J~l-'1 ~J • • �1 \"• ·1 . r: r., '~ I I I '1~·1 l '1 !] '1 '1 '1 ) 1 j I ;, �COMMONWEALTH v. LEO HOOVERHENSLEY I INSTRUCTION The Court is the killing ally while nious, ful instructs the performing and that such death involuntary an act that the proper is guilty regard is unlawful or negligent or culpably for manslaughter unintention- when a homicide of such a reckless ble with that of a human being or in the improper act; jury performance follows negligent human life, of involuntary but not feloof a law- as a consequence act as is incompatithe person manslaughter. causing �l, �INSTRUCTION NO. --The court every person charged is establishe~ and this having case, of innocence and applies heard all the law presumes until his guilt or as to any fact at every of the evidence of the doubt, essential it stage thereof; in this case, of the accused through and if, the jury upon the whole to prove the charge made against is their and find doubt, goes with the accused doubt of the g~ilt him in the indictment, benefit that by the Commonwealth beyond a reasonable have a reasonable case, the jury with crime to be innocent presumption the entire after instructs • duty to give him not guilty. the prisoner the ��COM}ONWEALTH v. LEO HOOVER HENSLEY 3 INSTRUCTION In considering burden of proving the Court possible guilty doubt, beyond for jury must limit the trial of this imaginable, its case, including to create the from lack material evidence, vent fact If, sideration viction all jury essential after should bear or doubt. of the charge, evidence presented and reasonable cannot at in- go beyond such in mind that fact, to of the should and nonessential reasonable and honest consideration in such a state a convinced belief hand, after the evidence truth doubt. of the in the case, charge, of all of doubt to meet its you are of the as to preof the ac- burden. and reasonable con- you have an abiding then and circumstances. of the guilt an impartial of a of the accused i1 aterial left or from be a doubt concerning on the other of all any such doubt testimony, of the guilt the Commonwealth has failed reasonable imaginable a man must be proved from conflicting to the proof your minds are then the natural of any particular you from reaching cused, with of the proof The jury a doubt which or possible to the the word nor can you go beynnd such evidence of evidence, proof not a mere doubt If, doubt, is doubt, of guilt. Furthermore, questionable conceivable consideration evidence arising doubt law does not say that to be drawn therefrom. inferences not overlook A reasonable ferences find you should upon the sufficiency the beyond reasonable and is not to be confused the every In passing that meaning. on reason, the Commonwealth has met its of the accused the jury nor its founded or not the guilt instructs "reasonable" is whether satisfied con- beyond �... .... ,.., r 0 ' j ., C' a \;) rorr P.8 8 il'O t '; .i: fl 0 vl: ~ 0 e 1 n J l JJ8 J.It 1 d 110"£ J.;0 , . r. , noe '1 110 t ' .t '10 • oJ .i: ll :t 1 C. 1: c_._:::,... -L~ ( 81: :t no D o.t e e .i: t . .t 0'1 ... J e I 'I j '"I 'I ei .i: I u~ n :t 8Li L ... .t 11 :t .,noa eIJ '..88Ci a:t 1o :t rr. litl e e .'t e I Ju u 0 .i ( j- 'r' lo ?. 0 f J •j ~·, , ...u J e 0 ' .: r 0 ... ue J j r l jt :r;l , o·i:1 O'l ~ 4- 0 88 j e en ' .a.Li (J ~ cc ,, [i ~ 1 .. J .., t a -! ;' n· !J() r :J r c.,e r ;:) . _; L. '~ .) I t n .J ! .l. ..I. rl J L �COMMONWEALTH V. LEO HOOVERHENSLEY INSTRUCTION The Court into:dcation instructs is may• e the result any purpose so drunk conduct of long during drinker jury for that crime, as to ~ecome on that such drunkenness. words, cannot account or voluntary such drunkenness and habitual in other or not, drunkenness al though continued to commit crime; he be an habitual self no e::cuse the drinking, a person, voluntarily irresponsible without whether uake himfor his �.,) " ... �COMMONWEALTH V. LEO HOOVERHENSLEY INSTI UCTION The Court purely tells accidental the and careless or reckless homicide is excusa~Jle of excusable accidental in death person must have of another jury the act conduct in on the law; done such if a killing unaccor~anied with killing of , in the order to prevail, due regard must appears by any part howeve homicide been and that have to be criminally slayer, such for defense the the act resulting for the life been accidental. and �.) t �CO· -IONWEALTH v. LEO HOOVERHENSLEY INSTRUCTION ---- The Court nesses instructs is a question the right their jury exclusively to determine the stand, the testimony, ness, apparent intelligence of the witness in the result from all surrounding determine the relative dingly. which witnesses weight their and the jury of the witnesses apparent or lack of the trial, circumstances candor if if any, and to give on and fairthe the interest any appear, of credit have and of intelligence, appearing are more worthy of any testimony, jury; of wit- the reasonableness to the parties, of the witness other the manner of testifying, of their relationship for the credibility from the appearance consistency their that and on the trial, and what is credit accor- �'O .i: J •J 1 .1: r n 0 0 ' r: �DESCRIPTION OF PRISONER Last known address - 7, Color_-----"'-)-"/-=----M arks (J r>vf) -9 ) ---'-7~,;---'I'----'fY------------"P,_______,Z-c=--------------------------- Height J- ~ Weight / b C) /y I ,,_ J Occupation Ag'----',--'---'--- Date of Trial ,1/IS,/f ResulL--.. __ !J"_/"z.,....---'-~---------- t __________________ _ ��D. W. Earman, atty. In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ..P..~.@...~P.9: ...Hul:?,~.:r,:t..,.M~adqw,~ .......... You are hereby commanded to summon ...... ..E.lt.j@ to ~pear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, ,o 9: at of. ......May.,. .. . ... ....... . o'clock, a. m., on thel.5thday say in behalf ................................ in the prosecution of the Commonwealth against....................................... . of the Defendant ....... 1-!~<? 195.6 to testify and the truth to .... ~.~-q.Y.e..~ ...~~.~.~J.e.Y ............................................................................... .. who stands charged with and indicted for a felony ~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ......12th d,y of M~Y , 19 5(, , ~ ...,J in th;J. °oz.'~ ::h, ?Z::.. -to/ ~.... ...... =•=~•u:'"_' ....6: f ,AJ-U t ' �0) CEI~ 'MAY 12195 SHERIFF'S OFF - . ROGk:IN~H ' Y) _r::/'f--~ ~ 'THE ROCKINGHAM BY DELI .aECUTED COUNTY 01' STRAWDER SHERIFF ROCKINGHAM C U~JTY �- --- �---- �In the Name of the Commonwealth of Virginia: To the· Sheriff of Rockingham You are hereby commanded NEY.............................................. . .....tc.ERNEST . RI.CA......................'9.. ............ ........... to appear Y...MO Is. #"I of the Circuit o'clock, a. m., on the .15.th.day Commonwealth ; ~ -, ~ "' __L).... ......... ' .~ .. ..... before the Judge Greeting: to summon ............SHERIFF.. .....l0 County, of J, 1. . ..{ 3 ..... q,,/__ ~~~·_,,,., ~ Court of Rockingham y County, at the Court House thereof, at 9 :30 ...., 19 5 6, to testify and the truth to say in behalf of the be+on~•-tiTe-,Gt,a,itfi-~y, against ..... LE.O...HO.OVER ...HEN.SLEY..................................................... .. who stands charged with and indicted for a felony n~i,gd.e.iJ.1.eaua.r. And this you shall not omit under penalty. \Vitness, Harrisonburg, CHARLES Virginia, of the Commonwealth. E. EARMAN, And have then and there this Writ. JR., Commonwealth's at the Court House, the Attorney .2n: .....of .. l\ ay /1 .~ /} for Rockingham . /J ......'/ ? ....... County and the City of 6, and in the ~ ,.·c~ Commonwealth's Attorney �>12! ::, 0 c.., :E < :::c c.:, z ;;2 c.., 0 a: �In the Name of the Commonwealth of Virginia: To the· Sheriff of Rockingham You are hereby commanded ................... to appear E.:UG:EN.E. ... to summon Commonwealth .. of the Circuit o'clock, a. m., on the 1.5th ..day of Greeting: ............................................................................................................................... :aAJl: ..IB....., ....E.llrto.n., before the Judge County, .Y.i.rginia ... Court of Rockingham ... {ay .. befor-e-tne-Gnr1*ft.n"Y,-against . County, at the Court House ther-eof, at 9:30 . , 19 .56, to testify and the truth to say in behalf of the ...LEO..HOOVER HENSLEY............... . who stands charged with and indicted for a felony 1ti.i-s~en+~aR0-r. And this you shall not omit under penal,ty. And have then and there this Writ. \Vitness, CHARLES E. EARMAN, JR., Commonwealth's Han,isonburg, Virginia, at the Court House, the .... 3.r.d...of of the Commonwealth. Attorney ..May for Rockingham County and the City of , 19 56, and in the 18Otlyear fLLL~~·· Commomvealth's Attorney �!\) \' '0 ~"~'-~ ~ -------~ ~ ~ , f ~ "'-. ROCKINGHAM COUNTY SHERIFF GA 'IROE ~XECU'rEDr:l1-j ipIN THE COUNTY 01' • ...:!-=----LJ.J ~~ r"'"'.I --~ -11?, ~\ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: Court of Rockingham County. to summon .............. ,......S.HERIFF..DEWEY ...HANEY. ................ .. ................... ERNEST....MERICA ....RAY..KORRIS .. to appear before the Judge of the Circuit o'clock, a. m., on the Jf3th..day Commonwealth of . ,i\pi;:tJ,. before the Grand Jury, against who stands charged with -a.+.EI-iiKHGt@d.. ;k)+· a CHARLES Hari,isonburg, Virginia, of the Commonwealth. E. EARMAN, thereof, at 9:30 ..., 1<:£.i.6 ..., to testify and the truth to say in behalf of the LE.0.. H0OVER...HENSLEY... ................. . felony ..i...i.e~~W)... And this you shall not omit under penalty. Witness, at the Court House And have then and there this Writ. JR., Commonwealth's at the Court House, the ...1.3.th ..of . Attorney for Rockingham County and the City of 22-~~~=~w Commonwealth·s Attorney ��In the Name of the Commonwealth of Virginia: To the, Sheriff of Rockingham County, Greeting: You are hereby commanded to appear to summon before the Judge of the Circuit o'clock, a. m., on the Commonwealth Court of Rockingham ......clay of County, at the Court House thereof, at 9 :30 ..., 19 ...... , to testify and the truth to say in behalf of the before the Grand Jury, against .. who stands charged with ~ffd'·•hnt'~~ ftrr a felony ffi'i ~M~ . And this you shall not omit under penalty. Witne~s, CHARLES E. EARMAN, And have then and there this Writ. JR., Commonwealth's Harr-isonburg, Virginia, at the Court House, the of the Commonwealth. Attorney for Rockingham County and the City of ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon to appear of the Circuit before the Judge o'clock, a. m., on the ...... ,J.'.,., Court of "Rockingham , 19.. ..••...••. County, at the Court House ther-eof, at 9 :30 , to testify and the truth to say in behalf of the Common wealth bef11r'e-rh-e"'Or:r1rcJ-fury ,-against who stands charged with and indicted for a felony misderneanm-. , And this you shall not omit under penalty. Witness, CHARLES Harrisonburg, Virginia, of the Commonwealth. E. EARMAN, JR, And have then and there this Writ. Commonwealth's at the Court House, the .. Attorney for Rockingham County and the City of �I l t .. l J ' I , �---, In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon 7 ....~ ...................... . ;i:3 --- 'J.•,··········· .. I' .'.}.~~·······~·······••cf:••··············•················•··· ..Y ...,._ . ·......... to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the .:..,::;; : .....day of Commonwealth ............. l,ofa-r@ Ii ~.H~-}u+y, " r 4·!,·'11·•········ County, at the Court House ther,eof, at 9 :30 ..., 19.. :;._;;,to testify and the truth to say in behalf of the against. who stands charged with and indicted for a felony misd.emeaJJ.ar. And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, And have then and there this Writ. f C'LL......... . JR., Commonwealth's Attorney Harr,isonburg, Virginia, at the Court House, the ..::,«: ...... of . . ,.. J . of the Commonwealth. for Rockingham . 9 , ", Commonwealth's County and the City of d in the �1 , ·, " �Comp. Form 18-A I ST ATE OF VIRGINIA ~ oF Harrisonburg No. ______ To-Wit: _ c·t:v 1 TO ANY SHERIFF OR POLICE OFFICER: Dewey Haney Whereas, John G. Leake has this day made complaint and information on oath before me, (Name) City of The Pe~ce Justice of the said Gicu<Jiy,that ______________ Leo Hoover ______________________________________ 12th did on th~ _____ kill .day o~------------ and slay Benjamin Franklin Hensley in tXllCJQ[X)County 56 April Merica, _ Rockingham (Title) 19__ against and feloniously ; Unlawfully __________ the peace and 'dignity _ of 1he Commonwealth of Virginia These are, therefore, to command you, in the name of the Commomvealth, to apprehend and bring before the Rockinghan Trial Justice Court of ~ County, the body (~ to be further dealt with according to law. of the above accused, to answer the said complaint and And you are also directed to summon color ____ Address ---------------□ color ____ Address ---------------□ color ___ _ color ____ ------------------ color ___ Address ---------------□ Address _ --------------□ Address ---------------- □ as witnesses. 19~ ( Seal) �STATE OF VIRGINIA-COUNTY ____, to-wit: Q.._ _______________ a I, __________________ Trial Ju,tice Justice of the Peace in and for the County aforesaid, State of Viriinia, do certify that--------------------------------------------------------and -------------------------, •• hi• sure.,_ __ __, ban this day each acknowledied themselves indebted Dollara to the Commomvealth of Virainia in the sum of ----------------------------------- ), to be made and levied of their respective goods and chattel,, Janda, and tenements to the use of the Commonwealth to , ________ be rendered, yet upon this condition: That the said._________________ _, Circuit Court Trial Justice shall appear before the day 0--------------. 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 i1 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 i1 declared void by order of a competent court; and upon the fu"rther condition that the said-------------------from the date hereof. shall ket•p the peace and be of good behavior for a period o,_________ Given under my hand, this _______ ,day1 ___ 19____ _ day of _______________ --------------T. J., J. R TO CONSTITUTE A WAIVER OF TRIALBY JURl ~ONAPPEARANU SHALL BE DEEMED ..r: < ~ ?' ti 0 ~ > (') ~ ~ t-1 ;ii:; ~ > z l:I: ~ ii:: ft tj (I) z a= 9 0 '1 ,-,J 0 >-l 0 0 l:i:J (') 0 'Il z > ~ ~ ~ t:rl U1 t" > tZ1 ,-,J I-' >-l ::x: a, cc: ::7> ::, Q, ;. " (") 0 'Il >-l ~ ~ s· n --l 0 E. () 0 .,~ U1 C: 3 3 3 3 " ;. > ::,q 0 "' ., 0 ::, ~ ~ .... ::, n, 0 ::, s· ~ s., n, ~ s en "' en ~ ::, "., ..... ~ 'Il n, n, ;..:,;- .. > ~ .. " ;., OQ n, txl ~ ::;:i ;.· ., ~ .,., ., ::, "' .. C: ::, Q, ., n, 'O ::, ~ " '< ::, Q, Q, txl ::, II' n n (i .. ., Q, '< - 0 <: ::;· OQ 5· F ., .. < ::;· s· 0 ., OQ 'O 'O n, F' .,., ~ CT "., 0 8.. 0 " ;. Q, " '< " ::r ........ >-l ., §: 0 (') 0 en ti!: I'll 0 ,-,J C. .... 1 ,-,J ~ ' ~ ~ ~ b. t.. '. \} ~ \"'· ,,,_, .\ ECi '-4::;· " ~ ::, ....s· ;. " C: g OQ V> -· ,:;· ~- ;n, V> 4 (i .. " .. 0 C: 'O 1 .. "' "' - ~ ., n 0 (i 0 C: ::, -:t "0 (') IJq ::, ;::;· n, Q, �INSTRUCTION NO. L The Court instructs the evidence killed, that the jury that Benjamin Franklin they should find if they believe Merica was accidentally the defendant not guilty. from �~IJ ~ I ~ ~I~ /-u h_J ~ ~- h h ~ 11Ad ... ~ ~~ (/7~~ ~~ ~ ~ /(_ ~ ; ~, -9 · ·:n,0/2 h-i ~~ ~ ~-I- ~ ~ '/_.,;T__,,,--/ h I ~ ~ ~-__... Pr'n,, _h ~ ~~ c:u;e/~ )x:, • ~cur~ ~ ~ ~ ~ It ~ ~v-~ t~~eaJ ~"~,*~~ ~~ ~, ~ ~-~ - ~ �COMMONWEALTH v. LEO HOOVERHENSLEY CHARGETO JURY If you find involuntary will manslaughter, say so and fix tentiary five the accused, for years, One Thousand not exceeding or, punishment one year, guilty in the indictment, by confinement of not less in your Dollars, If you find as charged his a period Leo Hoover Hensley, than one year discretion, by a fine or confinement in jail of you in the peninor more than not exceeding for a period or both. him not guilty, you will say so and no more. ��Docket No, j/ 34 . COMMONWEALTH 1 ✓- of VIRGINIA ) vs. ) ) LEO HOOVERHENSLEY ;t ,r ( (I ........... /2L~, *~--~-~~~~----P· Own ()( ) d. Appointed ( ) 7 CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Kevotone Envelope Co., Pbila., Pa. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Leo Hoover Hensley Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1956 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_007 Hensley https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_008_commonwealth-v-leonard-caldwell.pdf c5411cab8e235657891257bc7823780b PDF Text Text STATE OF VIRGINIA, COll""NTY OF ROCKINGHAM,to-wit: IN THE CIRCUIT COURTOF SAID COUN'I1Y: The grand ju_rors body of the County Com~t of said do present 1952, that in said murder of the State of Rockingham County, at its of Virginia, a...Dd now August attending Term, 1952, LEONARDCALDWELL,on or about County, unlawfully one John Rawley Carr in and for the upon their the peace oaths the 7th day of March, and feloniously against the Circuit did kill and dignity and of the Commonwealth of Virginia. This a witness evidence. indictment is found sv10rn in court upon the and sent before testimony the grand of A. L. Strawderman, ju_ry to give �~ ~~ i· }· ~-._\ )=. l,...'t' ~tt· ~ 1 ttrL~ ~11 •t ~ t~ ·rf, p l1 CorJ,:OWIEALTH v. bill: INDICTUENT Foreman Term, 1952 LEONARD CALDWELL FELONY August A true "ITNESSES: D. ·Conrad A. L. Strawderman George Cor.unonweal th I s Attorney '"" ~ ~ '" ~ -~ \ \~ ~ ' ~ ''. ~ ~ .., "\ .V) \ ?t, 1~ -~ 1 ~ " ~ .... '\., \3 ~ \·' '\J { I;'· 'J '- \) ~ ~ 1~( ,; ~ ~ ~ ~ \ \~ -~\. I~ '<"c, ' \. '\ ~ ~ ~' ~ I\; :.~ \: ),, A.."'\ I '"1-11 ~ ''\ ~ t ~, "' I\ -~ \ r-- ~ ~ \.. "' ~ '~~ ' \ ,. ·~~ '\ -..._} ' ~ '\.,'\ ~ 0 ~ ;,.~ ~ {~ ~ \ . a ~) !~ ~ ~ ~ ~ ~ -~ \) ~i l �1. I 1 I Sheriff's Office Court House Harrisonburg, Virginia Marc h 7, 19 52; 9 : 4 5 p . m. 2 3 My name is LEONARD CALDWELL and I am twenty-seven 4 5 of age. 6 Virginia. My residence 8 unless 9 my own free 10 used against 11 do make the following 12 in the office 13 House, Harrisonburg, 14 A. L. Strawderman, 15 Earl 16 Trooper 17 is Hopkins Gap, Rockingham County, have been told 7 I desire that I need not make this to do so; that wi 11, and that everything anything me in a criminal statement 7th day of March 1952 in the presence Court of Sheriff Dewey Haney, Deputy Sheriff Attorney and court be Nevertheless, of Rockingham County, Deputy Sheriff D. M. Slane, I say can be and will this Virginia, Commonwealth's statement I say must be of prosecution. of the Sheriff Turner, years George D. Conrad, reporter State C. Overton Lee: Today, March 7, 1952, I met a man by the name of Swartz 18 around the Court Square, 19 in the afternoon. 20 not have anything 21 to go out to the Rockingham Construction 22 getting 23 would not let 24 Company. 25 him to in Harrisonburg, Swartz was drinking with him. my old job back. wait at about at that got a fifth two o'clock time but did of wine. I wanted Company to see about He wanted to drive me out but him, and we walked out to the Construction On the way out, there we stopped at the diner unt i 1 I went out to see about C. Overton Lee Court Reporter HarrisonJmrg, Virginia and I told the job; and �.r t J H M I' 2 t u n :t 2-'{:tn V -'< Mr n • >f... r qr 5M J _Jj e i >l i I ]J l b, Jn t , . ' . :t :te airl.t jn i '1 d :teum d f[i br. :i •L.n j :t,u :, 1 i, I I S j- jc;. rlg 1} , a >. I W, to r; \ ~ ucd :tud ~ It od ~ bn :t 9 dno i ,, i \l lo rl:tti't (i '{n q I m u,i an J') I b~s 11oqs1 1 7 ~doL .d:t nib :tuod J noit Hi t :t fuq~G t,u :> b .6 t I ?, j , "G • rl n1 i ' ., \ b ev .tuo t :tuo :tn'" I •. I I rl j l n1 1 H • e , I ... , :t '2 b . J r, n 12 . . ," 00 ~ <..l T p n t uo') ,. I :t bnu (, , .no j- rl .t s j 9ft '3.it nu ul tij 11 g u 'l' .n;tt·r, , mi rl t ,r V ( rl j V . >I:,sd doL bl· h s>I I rU fo b.qqof,. ' m Jb ,1sn1uf .r1 ni>l:, n ·, ~ n;ns' u t91 j 0 ,u .) i1Gmmo' I Ji i ., i1 f' 6ffi l s: I :tog t, o.t . 1ud r .r.e 1 o I J o1 0 u t t rt t ~ [ : .i ? "'!) \' , i rr i I i d ., n• t i i 1J 'rU u ·tf an vi1b ea n ri (.. i, :t j A .ni>lni1b :tud :tuo I of l riJ ,sini ni n rn 0 j l .,n, J 1 "b ni n V rU I t··o j e o:t n ij 11 i:t tslt . :tns , o. i " rl j 1 r bio ' I: .X nsH , t1 ?. 111 j l .nirl:txn xJ '{ j ,J vs :t rl t .noi Ju:>~,. 1,1 r J :t t rl t bo n I l '{ l '{ S?, l r1 :t 1 gn,d t itc,v ' ?, >l n) t i fU on I ' • '<n ._.moJ 0 mi t,• !>' (./' - �2 Statement of Leonard Caldwell 1 he waited there 2 down to where his truck was parked. 3 wanted to go out to see his father, who had the flu. 4 father We then went out to his 5 father's 6 there, 7 in the back of his truck and some cartridges 8 we shot target 9 shooting lives until I came back. out at the "gravels." and Swartz was driving his father target leaving a while, Swartz said the truck, was not at home. before We then came on back that His but when we got Swartz had a .22 rifle in a box, so his father's Swartz suggested home. that After we go to the 10 Gap to get some wine to drink. 11 and started 12 home, Swartz was driving 13 and got hung up in a ditch 14 Basil 15 pretty 16 take over the driving. 17 home of James Shifflett's. 18 in the Ga~. 19 couple of times. 20 There was nobody at his home but James and his wife. 21 not see Frank Conley there. 22 or twenty minutes. 23 to James about Carr; 24 I" was going to do to Carr. 25 James to get some wine. for the Gap. Brown pulled well on and that We then got in the truck As we were leaving the truck I his father's and he got over too far alongside us out. he of the lane. We got then told Swartz that I would drive the truck, he was and I did then drove up to the Gap to the That is the only place we went We did not ride up and down the road there We only went to James Shifflett's We stayed While I was there, there a home one . I did about fifteen I did not say anythin I did not say aoything to him about wha I did borrow fifty cents from While we were at James Shifflett's C. Overton Lee Court Reporter Harrisonburg, Virginia �Jr n n t , •' m ri t rU bi -e eiH .url r nsrl d j u,t t~ . 2 l 2 1 ,srlf morl w .tsrl.t oJ og 9rl.t t"'o >1·u11 erl:t ni .to) ' ~ :t l 2i rtiYS!,f t oo.t .toe 1 .to VO .sn .v bn bi srl.t o l q D tW :) , rf.t b bio nirltxns f Q '{fno 91 W bn xsa .ton bib 1ri oi em we qu eu 9W ; u !till u ~nurl :t·g n r j rl I/ 10'1 , -u ·• bn fie 018 no rr w ~ 1 ) • a,, ~ .t.t 1q oJ + , n ,1 ~fquoo lt ~ e,srlT e 2 .ton iog I ni J .tu dv am 0 morl Jnewj juni :t o 0 j to bodon c fno 8 vo s>lsJ j, t i11 .,, I St .2 ~it .• .ton bib I 'smorl . q sc) sri j s -, rt .t e w 919\'V t1 .ton bi . ,sn1 bib be.ti .ta bns ,swe srruq e qcc.J m l. ~o mo~ airl bsxst2 oi .t.tefllirl2 L o.t .tn w xrno ~ niioorl :t iviib .e rl.t ni , t .to?. ~ Y I .tsri.t bn b'1 nsL .tud nrlj sm i ni .:tuo (ij,. 1 i ni t ,srU ,, s .tsgis.t nivi,b 9rl.t .tsrlT 01,od L 1 •firfw r o ~o d ~in rl j e w b bn . sD erl.t ,ot bfuow gniri.t".{n m11l et 'O xiiit ~ou,t rl:>ti> vo b <'! , tiw o.t Vi , r1j ., 2 W n rl t b .tn w •, , niv er s1olsd iagn rl J1 .>lni,o ot eW em , uo e bn ·.t, gu2 rl.t .w b 01 ,, ':tjsf11irlc eirl nsrli ert.t o.t qu • liw j l ,t srlf svi, fllirt, t. mr e.ti :tuo 6w ts.tc na ri.t 1 ir1 t ri J 2 bfo.t n rlf e'tt m~rl o ri.t lo t~ I~ 1 j wri bns >lou,.t erl .tsrl.t s.t, t V eri.t g ivi, ti1.t1 ni o o:t Juo . on ,st, f It ' , u w l:>u1J t i, oe ,xod 1 .b >1, I no J :) b I fiJ rt.t b rl orlw t,s eirl oj .tuo .tnew nerl.t jog . ,I e .t, bf , L of I •1 OS - �I Statement 3 of Leonard Caldwell 1 home, Swartz did not get out of the truck; 2 to drive 3 Shifflett's, and continued to do the driving. drove the truck Swartz was still he was too drunk laying After we left on up towards Carr's on the seat and still and pretty drunk. 5 I do not know what time it was when I got to Hopkins Gap, bu1 6 it was in the evening 7 about fifteen 8 Carr's 9 it was dark and time, and I stayed at James Shifflett'~ or twenty minutes and then I drove on up towar<s where the shooting occurred. had the lights I who was in the barn. When I arrived of the truck on. at Carr•~, I called 10 Carr, 11 something 12 soon as I stopped 13 right 14 four fee t fr om me i n t he truck , I s ho t h i m. 15 shot. The gun was the same .22 that we had used to shoot 16 target at Swartz's 17 back of the seat 18 sa 'd 1 19 the gun down on the ground and drove off. 20 say anything. 21 on or not. 22 the gun, 23 told me the gun was loaded. 24 on up to Rawley Springs 25 Kyle's to drink, as I wanted to get some wine or had been getting I the truck, Carr started it from him. toward it. As He camE on out from the barn and when he got to about three , I don't on 1y s ho t one home, and it had been laying in the panel truck. "Oh , L or d'". store. father's I When Carr was shot, know what else I do not know whether he did. I it throwed he knew what was going from the front After he Swartz did not did not have to get back in the truck could reach or leavi~g seat. Carr's, to reach Swartz had I drove where I got a pack of cigarettes at I reckon Swartz knew what was going on when I C. Overton Lee Court Reporter Harrisonburg, Virginia �rr , r • nosJ o .tn I· ,4(I b ooj .. 2 t 1.nb j a1 i xqoi t 'I 7 1 t b rr :i ? I -, n· fl '\ ti ioorl , rl tforlc ,. b II i Of) <, 1 j .., Sf l ... -I Z..;1)07 iJ - t j ot :to . • 7 . ic i; • ', :> t f )'/::, .] c 8 I - I :J I nsriw no gnio 1 sa ,.. J t niv ,o >' 2 ' ·1 t m ·-: i ... rt I ti j ~. , j ,.vo, . "t1 oi 'Jl.t • j ti nrh1 to? rl J. \• 0 .j. rt; ·"t q rH Of' a j fi ri :> t :t 011' r ,etl jj .be 6' Joo I , :t rl w • n >I :t,, rl \I ~l ,l 1B ,, 81 ! t;t T u lU'i orl2 f j -, J ,1 n ,l::,s b. i,l \ I " 1 0 nu j u .. n irH 'rt e "'"" J 10 nu a no j I sm bf t rd 9, I r1 I ' rl bfuo~ ' z nil ••eP Cltl e . no . j 50 g tt n rl j no n ,01 J ·1 rl j' l 1 1'1 i i '1L ..l z tu i . I II P. 1 ~ 0 ri • ' r UQ I I )I I " ·1 bn bn f j I j i 0 ,. f f, '1sb QI•j ' flt orl z ,, n ,, .,fl .... Ii \" . n n· J n ,u i Sri jj r1 •·j, >! ·1 ,o :t ~ N 6 ., ni >fn bn i rl ib ' i ,, ·J j bn & 2 ~t' ,_,; . j I r 1 i rl ton )4 n. 6 0 erl n sr1 IJ d 09 I ,; bi V I b .;;,' .ton rl I • n1 f •11' rl . rii j ... " 0; -j, I() t njjo t bein rl nin '<. ( J .., I f I it f i i:t j .. nim a ,. j , -, V it ~ rH TO ?,Jrlgif j-' ' gn i' sf n ,,u:>.:, m >2 o:t bs z j :!'ori~ • f no ) i "' 0 9riW :>u j tuod 9. ·, ' ) j l st, bi b uni trio:> J 1, •j i H !Tl :> j t ob to. b 'l ,u 0 ,o ~niw ts I rj , vi u u no >l:>u,:t vo, n 11 ~ pt L , , I rit oi io 'H e . )niv.i,b rf i \I J J cr1:t J rt I • ,4 ) 'J ~; fl rl ! ,.t . ' 10 j ,. u no eI f ,\ ££ , .. " ,. ,- - �Statement of Leonard Caldwell 4 1 shot Carr, because we was shooting 2 home. 3 driving 4 the diner 5 I did not have it 6 Carr was because 7 Hoover was Commonwealth's Attorney. 8 eighteen 9 over some land and my brother After we left Rawley Springs, at the mill. But the reason he shot my brother. Carr and my brother 11 I shot John Rawlings Carr because 12 am going to plead guilty 13 The above statement 15 him. won out. for Carr shooting and in the presence i)JMJ-'1: /c{~ and let me out at He did not say where he was going. in for Carr. months. At the trial, that I shot That occurred while Mr Carr was tried and give had some difficulty That was the reason Carr pled self he shot my brother defense and I to it. has been read to me by C.r{)vt~roll"' and the facts stated 17 best of my knowledge. therein L Q.JJ. ~~; of~!)-~~) ~ ti:J.../ ~ 16 are true and correct 18 / at his father' Swartz took over the and he drove back to Harrisonburg 10 14 mark there I 19 20 21 i t 22 23 24 i 25 C. Overton Lee Court Reporter Harrisonburg, Virginia to the £ �ff , rd , l , rl t rl f ;t n , r ; rt ~ 1 ,, H ot tr t rl - u :> J 71 dT e -, t, j bn 10 j . j n 0 f J t 7, "b l, , } d ,s .trl I r , V n t rt tn , , ,J l rl l, ;t rl "> J ot I;, •• r ;t no . t . t; n ., n ' e n JOl ,, 1 ri , j I rt V t rl ,d j t nd 7 n:r ,., ' r ,u t rl j OT n rH • ', V .f fu ib 0 ~o d j or. i -d fl l .. 2 ni t z j J 0 00~ I >loo j ' i t I l (,l rU n cl of :) , - ./ I 11 , j j b r, n~ l rl t t m lo j t, - --- ·----·- - �-r:-. ; ~, ,, . .... ,. . ~ .r .. "7y ,;: .,. .,;;,' .' L ~"" Jo ,f i· . OG .._p -/7(.h' ~"Sl--l''''~ r c:< t /i Docket No. ~ t- COMMONWEALTH of VIRGINIA ,_ .! , ) vs. -I" ) Felony ) (I (murder) I) ] oc7f,. ? LEONARD CALDWELL /', \~~,-- ,c:,.,,,-1,0-v ~· Henry C. Clark Own ;,:: " -: zp "t'1 :, < "0 .., "(") ,,.., /, ~ c./ 0rU--t/> fu~ Lf > }/'r.'r/ ✓ I. ? 'ti 52 Mar ch 11 • ( &c. waived; jllX 8/331. ""'"""""=p ~ 'ti r !' .J/J.1kh ~ Z:· .... , • tr t1,,, - ~_,i2_ •. 3g;} ~~~:; - ~fa hp /' - .JA.,,,fl ljd-=<·, I, M, 'i&-·/r• ~_r---~7# .1-. 1 ~/ I1/ ~ _ '1• ,FiI /¥~~&" J/,;._r/n-. 0;~, J7~ Jr ,<7Jr w. "JI - ,,;_:_ . <AA,,. f=- d. ) /J• 1/1 r'.r -v ~ ff.I At,,,,_,/, (/ ;, & --~v' 7I .; p. Appointed Indictment ~ ;/ I (X ) -.-~ P .. %.;; 3t>/ !!--fr,., ..,.. ua ~ -1-7 t-'.: y k:, 'I- 3f ) ·+.·t. : ' '\ J f (} r/ ~ , ·~ -:;] if/ ,1--r 'I Ii ·.,•.!, .. , ~ . I :. "'- "--- . CIRCUIT COURTOF ROCKINGHAM COUNTY~ VA. �~- ' �Commonwealth On an indictment vs. Leonard this appearing and~ that facias by his from persons there the court list, persons list a panel ordered that were thereupon containing attorneysfor struck the names of said the names of four (insert constitute names) the jury, ance make between true verdict render in this case Having heard be excluded tomorrow morning from the court of the evidence, at ten o'clock. and a who each alternately the remaining twelve, as aforesaid and truly try case And the accused to and true deliver- at the bar and a ordered room during this found was handed to the selected wxx persons from exception; to the law and the evidence. for the ~IIJll'.tl,rtlt!ea"L-th, it a portion additional commonwealth and the prisoner according a, Mervyl were thereupon persons persons, A c...c:-v.:; £.I.J of the attorney with and free , moc jury And from persons persons were sworn to well the and the following John Hl Byrd, together twenty from the regular from such regular commonwealth and the accused, therefrom namely: taken C. W. Ewing. to be duly qualified the thereupon jurors, twenty of from exception, namely: day summoned as aforesaid, a writ in attend- by the court summoned by the sheriff, examination under such deficiency, sheriff, and sheriff And it number of jurors free additional selected and summoned by the after list of twenty be summoned to supply heretofore Henry C. Clark. summoned by the four Layman, Nelson Hawkins, this attorney, are not a sufficient ance to constitute jury (murder) Caldwell county venire for a felony that this On motion all witnesses trial. is continued until is remanded to jail. ��COMMON\v'EALTH v. LEONARDCALDWELL CHARGETO THE JURY If you find as charged with the in the malice aforethought, penitentiary his for find punishment life, Caldwell, and that and that you v1ill and fix Leonard indict~ont, and premeditated degree accused, the murder it him guilty of murder, was committed was willful, deliberate of murder at death, or for guilty in the or by confinement any term not less than first in the twenty years. If you find and that the him guilty same was committed t,_at it was not wilful, find him guilty ment at If you find of murder Carr \7i thout sudden heat, you will him not malice aforethought, nor of murder find and fix not less by a fine in jail five his in the not but and fix for less not his than but that actual five degree, he killed rcTohnRawley or ir plied, upon or in mutual manslaughter combat, and fix for not less of murder depree, at exceeding nor five first of voluntary manslaughter, confinement you find him not his than degree, manslaughter, you will say so in the penitentiary years, one thousand one year, in the or, dollars, or liy both for in your discretion, or by confinement such fine and im- prisonment. If punish- years. of involuntary exceeding in the first in the penitentiary one nor more than of not indictment, aforethought, degree, of murder of voluntary second punishment than second degree, him not guilty him e;uilty in the and premedi tate:1, t~-:en you will provocation, confinement If you find but guilty second one nor more than malice penitentiary in the him guilty at as charged years. on reasonable find punishment in the in the twenty with deliberate of murder confinement nor more than nor of murder, .E9-,lilty, you v1ill say so and no more. ��Circuit Court of the County of Rockingham on Tuesd~y, day of March, in the yec:..r of our Lord, nineteen the 18th hundred ·nd fifty- two. Present: o Hon. Hamilton Has, Judge. onw c th vs On a warrant cha.rginc.r a felony (murder) Leonctrd Caldwell This day c me the attorney accused, Leonard Caldwell, of' this county and came It having has been within Hospit 'las brought 1, thereupon, into lso by his attorney, been suggested recent for tle years common e 1th, court by the sheriff Henry C. Clark. to the court that the accused c1n inm te of the South,·estern the court, on motion of the attorney commonwealth, c..cti g under Section 19-202 of tle c?.ppoint D_. J mes B. Pet i , Superint of the Western Hospit~l, tendent tion of the Southweste1~n and Dr. St.:ta as they may deem nece sc.ry accused, r-port the tine tot Hospital, 't£ within fifteen for the dent Superin- to make such investig· to be fixed condition of the by them, und days xn~~BX~XE~ from the date hereof. A OPY.. ATTESTE: ____________ h R. Blalock, to the mental of such ex6 inatio is court os t~ te Code of Virgini of 1950, doth hereby St~te ~nd the , Clerk. - �rl :t l 1 o n.tx 0 2 10 ('I • o H no ll w ) •j'n n:.t nol 1 :t 'l ;tn no 'I • w ! 0 b,: 0 ;. ... . , 0 0 rl • 'I II :t :t1 0 O ~WO d:t n 0 'I !W t . ·oo j rl 0 cf 0 j .I l .j l - i..b: Lt on 0 0 ,;. I 'I l ' u I! . ..tt t.( lJ l • -ia • .l: no J:j -- t ~ l e 0 j' ,r; I - t l 0 d (j !! l ...... l J Ii cJ 30 9rfj r ft .r.0°1:'3: 0 ..:~~ J,.K~ 0 .... n· .i.: I., V ~ .t r. .I.; ~ . ·:oe•1 ~ rt ------------ .• , L- �Commonwealth On an indictment vs. Leonard the accused, day came the attorney Leonard Caldwell, sheriff of this Clark. And, notwithstanding by the accused set jury (murder) Caldwell This it for a felony being county was brought and came also to in the warrant which returned .;R:.court an indictment warrant, thereupon, the said dictment aforesaid and entered the accused case that was~ consldered the identical this offense is was remanded set into court waiver and by the Henry C. of indictment under which he was arrested, charging Whereupon, commonwealth, by his attorney, the previous on the warrant made to appear forth for the by the special charge grand in the form of a true originally accused a plea for trial to jail. the identical charged was arraigned of not guilty .... under bill, the on the inthereto. on November 5 next, and �'- Com v. Leonard Caldwell Order \ �WESTERN STATE STAUNTON, JAMES HOSPITAL B. PETTIS, SUPERINTENDENT VA. DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS 24 March 19$2 The Honorable Hamilton Haas, Judge enty-Fifth Judicial Circuit of Virginia Harrisonburg, Virginia Re: Leonard Caldwell Dear Judge Haas: In accordance with an ,_.,_ t e Cir ·t Court of Rockingham County, Virginia, dat. Mi~~·Y 1952, we, the undersigned co • csion, have todlzy' above-named Leonard valdwell. As a result o history, ea.re of the nec.essary before can be and of our study of his ,ould be ,:;.A,4111u,.iui.~11v1 er observation ---~ 1~h his present mental condition de·. menta reco ation end c it further ent o this stuc:\Y. man to a Respectfully-, /?. ~4',:'../< I'~ :.s~Interilerxt Southwestern JRB:ael cc: • George D. Conrad Commonwcalth•s Attorney Roe • County State .D. Hosp·tru. spital of M. D. �.a .M i!ITT3"1 B c!llMAL flo430M3Tl,'IIR,3CIIU& .JATl•u:oH .ITAT2 Av IMl3Ta3W M0Tio'IUAT8 �WESTERN STATE STAUNTON, JAMES HOSPITAL DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS March 24, 1952 Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Re: Commonwealth of Virginia vs Leonard Caldwell Dear Mr. Switzer: You will find with this letter two Criminal Forms No. 4- These vouchers cover travel expense, meals and per diem fees in connection with the examination of above-named defendant on this date. The original summons is also b~ing sent herewith, together-with copy of report to The Honorable Hamilton Haas, Judge. One voucher is in favor of Dr. Joseph R. Blalock, Superintendent, Southwestern State Hospital, Marion, Virginia, in the amount of $30.80. The other is in favor of Dr. James B. Pettis, Superintendent, Western State Hospital, Staunton, Virginia, in the amount of $15.00. Very truly /;/ JBP-h Enclosures: B. PETTIS. SUPERINTENDENT VA. 4 yours, J'?ames B. Pettis, Superinterrlent M. D. M. D. ��WESTERN STATE STAUNTON, JAMES HOSPITAL B. PETTIS, SUPERINTENDENT VA. DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS • • M. D. �C M .elTT3q .a 23MAL J T!.1lOl-1.3Tl11~3~Uli Tl'leOH .A"i -=10 TM!!MTRACC30 2...IATl920H • 0111A 3~31.>YH ..JAT"1 M 3TATc ,HOT~UATB l'lfl3T23W �WESTERN STATE STAUNTON. JAMES HOSPITAL B. PETTIS. SUPERINTENDENT VA. DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS 24 March 1952 The Honorable Hamilton Haas, Judge Twenty-Fifth Judicial Circuit of Virginia Harrisonburg, Virginia Re: Leonard Caldwell Dear Judge Haas: In accordance with an Order from the Circuit Court of Rockingham County, Virginia, dated 18 March 1952, we, the undersigned commission, have today examined the above-named Leonard Caldwell. As a result of our examination and of our study of his history, we are of the opinion that further observation would be necessary before a report concerning his present mental condition can be made. We, therefore, recormnend commitment of this man to a mental hospital for observation and further stuc\Y". Respectfully, ~~ ~ .../3..LJ~< / Superintendent Southwestern State Hospital ---::;~::=::~~~~.,.li~~=:::;M.D....,;, JRB:ael cc: Mr. George D. Conrad Commonwealth's Attorney of Rockingham County M.D. Hospital M. D. �t �Circuit Court of the County of Rockingham on Wednesday, 27th day of August, in the year of our Lord, nineteen the hundred and fifty-two. Present: Hon. Hamilton Haas, Judge. Commonwealth On a warrant vs. Leonard being made to appear the Superintendent accused, Leonard Caldwell, forthwith the custody hospital the custody is now sane, to said thereupon of said (murder) committed for terminated; the sheriff jail, there from that the to said institu- is ordered to the purpose whose previous accused, received Hospital the sheriff hospital stand him to the county State heretofore of the accused, shall from a report of the Southwestern for observation, proceed liver a felony Caldwell It tion charging of receiving commitment to said and upon receiving shall return and de- to be held to await his trial. * * * * STATE OF VIRGINIA, COUNTYOF ROCKINGHAM, To-wit: I, J. Robert Switzer, Clerk of the Circuit Court of Rockingham County, Virginia, do hereby certify that the foregoing is a true and correct copy of an order of the said Court entered on August 27, 1952, in the matter of Leonard Caldwell, charged with felony, as the same appears of record in my office as Clerk of the Court aforesaid. Given un er my hand and the sea of the s id Court, at Harrisonburg, Rockingham County, Virginia, this 27th day of August, 1952. ~;;. Executed Leonard western this Jrd day of September Caldwell to the Rockingham State Hospital. , Clerk. by delivering County Jail the said from South- �to jail. Order for return prisoner of �SOUTHWESTERN MA.ION. JOSEPH STATE HOSPITAL R. BLALOCK. M. D. SUP£RINT£N0£NT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS August 15, 1952. Hon. Hamilton Haas, Judge, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Leonard Caldwell. Dear Judge Haas: The above-named was received in our hospital on March 28, 1952, having been committed by your Court for further observation and report concerning his mental condition. Since that date, he has been carefully observed and I beg to report that he has not been insane or psychotic since that date and that he is not insane or psychotic at this time, but is mentally subnormal. On psychological examination, using the Wechsler-Bellevue Scale, he has an intelligence quotient of 67 and would be classified as a high grade moron. It is felt that he is mentally competent and capable of testifying in his own defense. This man, at the time of his commitment to us for observation, was on parole from this hospital, having been paroled on August 26, 1951. He was transferred. to our Criminal Insane Department while serving a sentence in the penitentiary on March 25, 1951. At the time of admission and for several months afterwards, he was found to be insane and our official diagnosis was "Dementia praecox, other types." His sentence expired August 13, 1950 and he was regularly committed as 11mentally ill 11 on June 19, 1951. At the time of his parole on August 26, 1951, he was officially considered as "improved. 11 In view of the series of events in this particular case, I would preferto have one of the Superintendents of one of the other State Hospitals, designated. by you and the Commissioner of the Department of Mental Hygiene and Hospitus, on your request,to serve with me as a Commission to pass upon whether this man is sane. The opinion expressed above represents my own opinion at this time. In this manner, therefore, the case will have been handled in the manner designated for insane persons charged with or convicted of a crime that is punishable by death and who are restored to sanity. Respectfully, }~ /(_. {U_J_l-zLc_ /Jos~p~ R. 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Blrloc Sout~restern State a.rion, 1/irgini~ 1952 Hospital In Re: eom~rd Cald ·ell Your attention is directed to the o· der rtered by this court on :\arch 27, 1952, committing the 1:.bove nrmed p_ is TI'-} to y u ~.ospit.,-,.1 for obrerv~,t on a cl report concerninz h~r ~ental capicity. l f~ e~pl~ piortuni tht t '"'UO.:tion. ~-=mo_e y hrs th;- n four months, it b~ n Ffforded for· .:ould see;n t:t:c t deter~in· tion of ~ou ·ill oler.- se iJt :-<:eyour report forth-, i th, tu t :e ma.y kno. ha•. dis: osition should be m,_de or' ,,h.:; cb;:.rge pendln1 , g,:.in:t nim in t 1 ,is Court. should t iner 'hould you find the :...ccusea. t-, be in • n'"', :,·ou p ::-oceerl 1i th .::;. rcr,ul:Ar co'TI.. i t 1 t tl re, .i th a for his return rere unon restorc.tion of hi~ s·nity. Yours very truly, Hamil ton 1 ac..s, J.udge HH:mb �... l ���THE PENITENTIARY RICHMOND, VA. rob 21, 1949 Jo eph R. Blalock, M. D. Superintend nt Southwes ern t t Hoapi ion, Virginia nard Caldwell D ar Dr. The tor ori laloct: o e-nam 6. to tbi mitt institution 9, 194s. the S!JCQnd M.m \ Whil 1n -the Reoei vtn d, d 1QS10llal, tolo present d s tliat nt (w) as ( 11, he became confu d, dish 11 Th well ucinatory. of pto- ohizophr nic pi ode. 1nsul1 treatments in , h ·t h obl ro treat nts. o our irustituti~n v ror further therapy Ve-r.,-truly yours, Har17 l3ric:c, M. D. Enc. doss In vi o has ri.ot improved, also, sinoe re el otrosbo tr nt, I am hoc or �YHAITV13TIV139 .AV 0 . . ,Ol•10MH:::>ls=t 3HT �THE PENITENTIARY RICHMOND, VA. :rch 21, 1949 Jo eph R. Blalock, Superint ndent Sout vest M. D.~ / n tata B p~t 1 / 1on, Vir ini R ors. .n tol / / t , : nard < Caldvell p ohiaophr oi iv epi od. in ulin treatments in doses shock treat 3nt. In view or ha not i rov d, also, s nee al ctroshock treat nts, I am your inst tution or further nrey Brick, HBijm ) to this institution 1948. V, ry truly Enc. ( e ca confused, dis•• llucinato17. The sympto- Sin04J we do not ve h o t 5 ~3 • , y urs, M. D. �YfIAJTlll3Tl~39 .AV .a. .0"1OMH::::>lfl 3HT �DIVISION OF CORRECTIONS THE PENITENTIARY 500 SPRING STREET RICHMOND 19, VIRGINIA DEPARTMENT OF WELFARE AND INSTITUTIONS lfarch 14, 19.52 1.ll'. George D. Conrad, Commonwealth's ttorney Harrisonburg, Virgin.ta Dear }·r. Conrad: Replying to your of the report on the mental our #.55913, I am attaching to Dr. Blalock at the time Southwestern State Hospital request of 1',:arch 11, for a copy condition of Leonard Caldvtell, copies of report that we forwarded Caldwell was transferred to the at 1:arion. Caldwell completed his penitentiary sentence on May .5, 19.51, and the hospital was notified at that time. If there is any further information you desire, please advise. Yours very truly, \V.~r., Superin ten dent WFS.JR/la Enc. ��SOUTHWESTERN M,UtlON, STATE HOSPITAL JOSEPH R. BLALOCK, VIRGINIA SUP(RINfl'.NDINT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS August 15, 1952. Mr. J. Robert Switzer, Clerk, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Leonard Caldwell. Dear Mr. Switzer: I am enclosing in duplicate a report to the Court on the mental condition of the abovenamed. It will be greatly appreciated if you will transmit the original to Judge Haas and retain the copy for your files. Very truly yours, ~~-~Joseph R. Blalock,M. D., Superintendent. JRB/st M. D. ��HE PENITENTIARY HOSPIT"- NEURO-PSYCHIATRIC RICHMOND, VIRGINIA (White) CALDWELL, LEONARD RE: REPORT REG. (Copy of report Summary of psychological NO. 48412 on 8-11-43) examination. (1) INTELLIGENCE EXAMINATION Otis Group, Primary Form B Our Revised Short Binet Goodenough Drawing Test M.A. 5-0 M.A. 7-4 M.A. 609 IQ 33 IQ 46 IQ 52 C.A. 19-2 Imbecile intelligence. (2) Minnesota occupational vised labor. (3) No history Rating Scale - of nervous or mental disease (4) Result of personality possible reported to learn: carefully super- in the family. questionnaire: Ambivert No psychotic content Not psychoneurotic This man is sluggish in his responses, responds on a very simple level. hesitant and easily confused. He is He is the youngest child who has six brothers and one half-sister. He reports no childhood diseases. He never attended school because his parents kept him on a farm and made him work. His conception of time is faulty. He doesn't have any idea just how long he has worked at one place, but believes two months as an orchard hand was his longest single term of employment. He reports that he was in a car stolen by another boy at the time of his arrest. They had driven to Richmond for his induction and he reports that the Army turned him down after asking him a few questions. On the Pototzky Test, he failed two out of 12 pictures. COMMENT; This man is definitely feebleminded and has inadequate moral discrimination because of this low mental level. He reacts on a very primitive social level and is in need of supervision. 8-11-43 A. E. Grigg, Psychologist. �~Tl980H Y.HAITv:JTf!,J39 3H { :3R .....3 8: ill'10 D :)f'!SS,U.!s' -T. - .I :.i.: 1:__:-.:, (S ta o~: ,tI.csetl d :,:J:e •' 9.l _i:.._,-T ..ll e.~n 'l 1 c:.i:.i er .t ....t'!o ef.ln~ ... s ;J-13 "tOcf 'IsdJ"o 'f:d a ! fJ &'I ol:;h naio.ta ·f - ~so e • • o'i .l-1f£"';£c·a,t.:i) : BU'" Ota ,,·_;: rl • vo - os-~ bc.,e H 1:mflnin:vid&v1. L 0L 111 -,,,.J'L ·x,.LJ.r . l D Iefn~~ w 1 e rl • !I .l:e.i..v'r') "',;; .to f:k S'I a..:.:. (f. I \4>-) �HE PENITENTIARY NEURO-PSYCHIATRIC RICHMOND, RE: CALmJELL,LEONARD M-W HOSPIT,-,._ REPORT VIRGINIA (COPYdated 9-16-44) REG. NO. 48412 PAROLE VIOLATION: Offender tells the following story of treatment and why he left Fishback: "Fishback put me and a negro in the same room to live. One morning the negro had off, so he got up and left his clothes laying on the bunk and his personal affects in a messed up condition, so Fishback came to the room and started to cussing me for the way the negro had left his clothes and bunk. Finally, I went to the barn and started to shovel some grain into bags. I hadn't more than started when Fishback came to the barn, snatched the shovel from my hand and started to do the job himself, but pretty soon, he threw the shovel dow and told me to finish. When the negro came back I told him what had happened to me on account of the way he had left his things. He went to Fishback and told him what it was his clothes that were left in a messed up condition and if he had anything to say about it, to say it to him as Leonard had nothing to do with it. Fishback didn't open his mouth to the negro. I stayed there about a week after this and Fishback continued to fuss and cuss at me so I left and wrote the Parole Officer asking him to get me another job. He said that he could not do that so I quit and took another job. Later after a visit home, I was on the bus going back to my work when I was picked up and brought back to the Penitentiary." Offender states that he worked hard for Fishback and that he has always gotten along okay everyplace he has worked except there. EMPLOYMENT: December, 1943 - January, 1944. John Fishback, Leesburg, Virginia board. on farm making $30 monthly plus room and Clay Kimmel, Franklin, West Va., cutting logs making $65 monthly plus room and board. Offender claims he has never been discharged from a job. During the interview, offender seemed truthful, friendly, sincere, polite, cooperative, stable, near and mild tempered. From this man's story, it appears that he was placed in a pretty tough spot in which to make good. TENTATIVE TREATMENT PLAN: While incarcerated, offender would like additional schooling in Reading, Writing and Arithmetic. He wants to attend religious services. Farming is his work choice. Playing indoor and outdoor games and attending movies are his recreational choices. A little friendly guidance and help by a good employer 'Will probably make a man out of this boy. TTM/egs �-A.Tl980H HAI i'M3TIV13CJ 3H . , ·1.JCI"' "[. t 'I:.TJJr '- -e ... .., 'I l �55913 -·C~WELL, LEONARlr M-W (COPYOF-itEPORT DATED8-16-43) EXPERIENCE: This man has worked for the most part of his life for his father hand and the father compensated by giving him room and board. Inmate he has worked as orchard helper for Mr. H. Flood Byrd at Timberville, and for various farmers in the neighborhood of Mt. Clinton, Virginia, He cannot drive a truck. as a farm states that Virginia as a farm hand. FAMILYDATA: This prisoner's parents were born and raised in an near Mt. Clinton, Va. They live at that address at the present time. His parents occupy a two room frame dwelling situated on twenty acres of land. Prisoner states that this is a two story house, a combination kitched and bedroom on the first floor and a bed room on the second floor. This home is the property of prisoner's father's stepson's son. This home is shared by the parents with four sons. Prisoner states that his father has three hogs but no other stock, that he owns a 1929 ford. Father hires himself out as a farmer and works for heighboring farmers. He has also worked in Byrd's apple shed as a packer in Timberville, Virginia. Father has done this type of work all of his life. Says that his father is in poor health, suffering with rheumatism. Father has a police record, having been arrested in 1928 for selling whiskey and was sentenced to six months on the State Convict Road Force. According to prisoner, his father used to drink moderately but has stopped altogether. Father has no interest in church. Prisoner described his father as a quiet easy going individual who has little to say but he gets on well with his neighbors but "Lives to himself." The father is a poor mixer. Prisoner's mother works doing days work for various families in the community. She is in poor health, suffering from kidney trouble. She has no history of drinking, has no police record, takes no interest in church. Prisoner described her as a good woman, quiet, she stays at home, is not sociable but is a good housekeeper. Man states that his parents are congenial, that they have never been on relief and there is no history of mental illness in the family. Harry, a twenty-sic year old brother, is single, was sentenced to the Virginia State Penitentiary for housebreaking and given a one year sentence, time of offense not known. Prisoner described this brother as a friendly individual who has no other police record. Prisoner did not know the type of work this man is doing but he is residing in Baltimore at the present time. States that Harry is illiterate. Frank, a twenty-four year old brother is single, has no police record, does not drink, works as a farm hand. He is able to read and write. Prisoner described him as an even tempered hard working individual. Ruff, a twenty-one year old brother is single, works as a farm hand, has a police record for drunkeness, now works in a shoe factory in Harrisonburg, Virginia. Prisoner described this brother as an easy going, friendly person. Elbert, a twenty year old brother is single, works in a shoe factory burg, Virginia, has a police record of arrest for drunkeness, is illiterate ly and even tempered, according to prisoner. in Harrisonbut friend- Bernson, a twenty-five year old brother is working in Baltimore, name of employer not known. He has a police record for excessive drinking. He is illiterate and even tempered according to prisoner. (Cont. page 2) �-- �( 2 ) RE: 5591.3 - CALDWELL, LEONARD (Cont. from page 1) FAMILYDATA: (Continued) Leonard, a nineteen year old brother, is living at home with his parents, is single, has been arrested for drunkeness, is illiterate, prisoner described him as a friendly, easy going individual. RELATIVES Mother Father Brother Brother Brother Brother Brother Brother -------- Bessie Knight Caldwell, age 43, Mt. Clinton, Va. Hinton Caldwell, age 64, same address. Harry, age 26, Baltimore, Maryland, exact address unknown. Frank, age 24, same address as parents. Ruff, age 21, same address. Elbert, age 20, same address. Berson, ige 25, Baltimore, Md., exact address unknovn. Leonard, age 19, same address as parents. OFFENDER'S VERSION: Prisoner is charged with grand larceny for which he received a one year sentence. He pleaded guilty to grand larceny of a Ford roadster, property of a Mr. Frank Royster of Mt. Clinton, Virginia. The offense occurred on Friday, June 11, 1943 about 7:30 P.M. The automobile was stolen from a shed in Mr. Royster 1 s yard. Prisoner was drinking and unarmed at the time and in company with John McDonald (placed on probation). Prisoner states that he and McDonald stole this car together, drove same from Mt. Clinton to Harrisonburg, Virginia, left the car there and then came on to Richmond to join the Army. Prisoner states that he did not drive this car, that the co-defendant persuaded him to commit this offense. Prisoner did not join the Armywhile in Richmond, he returned to Mt. Clinton and was arrested on the following Tuesday. He admits two prior arrests for drunkeness. PERSONAL DATA: This nineteen year old white man was born and raised in Mt. Clinton, Va. He was living with his parents there at the time of his arrest. He went on to say that his parents were good to him as a boy, that they punished him for any misbehavior, however, it appears that they were rather negligent in that they did not send him to school, Sunday school or church. He has worked hard all of his life, on his father's farm and on neighboring farms. It appears that he was raised in poverty, his parents are illiterate as are most of his brothers. His father and several of his brothers have police records. This prisoner has never married, has no dependents, has never suffered serious injuries. He has been drinking since he was 18 years of age. It appears that at times, he drinks excessively as he has been arrested twice for drunkeness. There is no history of juvenile delinquency, he has first been arrested at the age of 18, for being drunk. Denies that he is quick tempered or that he ever gets into fights. He does not appear to have any active interests, states that he cares nothing for sports. When asked what he did during his leisure time, he stated that 11I never did nothing but work." This prisoner desires to attend school to learn to read and write. He has no desire to learn a trade, wants to attend church services while in the Penitentiary and he indicated that when released from the Penitentiary, he would like to work for a shoe factory in Harrisonburg, Va,, and it might be welJ. to consider a period of training in the Penitentiary Shoe Shop in order to better fit him for this work. Quarantine adjustment to date is satisfactoryo �) 1, :J �Circuit of the County -{~tfofikingp~ Court day of March, in the year of our Lord, , I n Tuesday, nineteen the 18th hundred and fifty- two. Present: Hon. Hamilton Haas, Judge. Commonwealth On a warrant vs. Leonard accused, day came the attorney Leonard of this county It (murder) Hospital, was brought and came also by his of 1950, doth hereby of the Western tendent acting State years the Dr. James B. Pettis, Hospital, and Dr. Joseph State Hospital, hereof. A COPY. ATTESTE: within the accused fifteen State for the Superintendent R. Blalock, Superin- to make such investiga- as to the mental the time of such examination court that of the Code of Virginia appoint as they may deem necessary to this Henry C. Clark. of the Southwestern 19-202 and the by the sheriff on motion of the attorney under Section of the Southwestern accused, court to the court an inmate court, into attorney, been suggested recent thereupon, commonwealth, for the commonwealth, Caldwell, having has been within report a felony Caldwell This tion charging to be fixed condition of the by them, and days Klm:Keracttarn:x from the date �WESTfRN STATE HOSPtf AL IB52MAR 19 AM10:07 erf;t t x;.sbztwT m!UPEfn~ioin.-SOfFl f xj-nrro:J rfj-81 rfj :::>'I.B • o -y;sb Wj r[ '19 'I nole'! ) .s c. ..r • rufo .s !l.S'I'I.SW b.a1 td~ , no o:::> sdj ~o1 v.e.a'Io~J.s etc 11.1:'I9Jic. sd+ -y;d :t·:r.r.ro oj.al .::a"I ·l'.) ~szrr~::> efj e.j -j'J bnz . '.) '\:'IIT9H ,'i9IT'Iojd'.s J tij ~'IC,::> sdj rr:...-.:·!')s dj·.uoa·eL.1 .:rrs.j -y;d be jrfg.uo-rd 2.sw ,~ oj bej~9,~ua 2 l 011l!l!O Cl bI.sQ b'I mo9J xsb eldT ~19 :vbL..,:) fJ'l.sr.toeJ tbez J::>-::>.s elr:I "Y:d o~l~ 1o ej • n..i: rm .1:1 ecf oj t 9 .aO lle 9rf tI 9Y.I.6'.) rreed ,91<: brr,:, 1<;jruro~ a rlJ ~iv ;tneos'I \fl ir n·n~l: nol:J.un.1:m.sxs .rf:.)JJ~ +o s l:r Jo er.t ns d 2. .be2.J.J88S .109'I9rl �HE PENITENTIARY NEURO-PSYCHIATRIC RICHMOND, HOSPITi-. __ REPORT VIRGINIA March 22, 1949 RE: (COPYOF F.B.I. RECORD DATED12-7-48) 1 Yr. Paroled 12-7-43. SP, Richmond, Va. Leonard Caldwell #48412 8-4-43 G.L. SP, Richmond, Va. Leonard Caldwell #48412 Returned 8-25-44 Vio. of Parole-1 Yr. Disch. 12-4-44. (GL) St. Police, Charleston, Leonard Caldwell #__ ,St.Police, Moorefield, W.Va. 10-4-46 Fugitive justice. St. Police, Richmond, Va. Leonard Caldwell #_,St.Police Harrisonburg, Va. 7-5-48 Fel. Asslt. Pending The Penitentiary, Richmond, Va. Leonard Caldwell 55913 11-9-48 Fel. Asslt. 3 Yrs. w.va. from Turned over to St. of Va. Waived Extradition. Served one jail sentence for shooting, Harrisonburg, Va. (C-26) since his disch. from SP, Richmond, Va. on 12-4-44. Represents notations unsupported by fingerprints in FBI files. �_ TJ980H YfiAITlll3TfVl3Cf TH093s:I :::>lflTAtH:>Y29-0flU3v1 AIVlluHIV .01-1 .03fl -==----=-==-c...:-=-=-=-::_::=-~~~=-==-========= . . 'l V D ~ lie bi 0 roi: ::i: . oJ.V (JD) . doel:CI osn uT .sV lo llIO'l 1 ilewb -~-OI vl i:gu . ~·.taut .CJ:olj.f:b.e'Ij a:1:t .... Vt 0 tono .CiewbI.sO olioq .j8 t . V. . 1 ,b.I . .t.Ie . .Ie +--c-"1 9 .8 :3:fl a cmo&I . r. a. ....y I r - -. ,0"'10MH:::>lfl ============================== T -f- ~H . I. .l - -Ir- ' [s., II .J:Io<t .J [e 1f.il " D'I 'I • .no T tl~c t - lJ' , boo 1:>lfl t 'i<:. !1 1d jo t on.ta a o ,, ·Lq . 0 olio<i. 8 o e~li:srlO �Commonwealth of Virginia v. Leonard Caldwell INSTRUCTIONNO.~-/ The court criminal his prosecutions, guilt the jury the accused is established and to the every instructs that is presumed by the evidence of every reasonable The burden of proof is upon the a reasonable fact necessary for case, as in all to be innocent until beyond a reasonable exclusion material in this hypothesis doubt, of innocence. Commonwealth to establish conviction by the evidence beyond doubt. This presumption case until or unless fact necessary for If, after of innocence the applies at every Commonwealth has established conviction by the evidence stage every of the material beyond a reasonable doubt. evidence the material fact not guilty. jury a fair and impartial entertain a reasonable necessary If the for jury conviction are doubt of the existence conviction they must find the If a set of facts two or more reasonable poi~ts to the pretation pointing to be drawn from such set sarily mean proof of mistake. 11 proof A reasonable after a fair of facts evidence material should • the jury in arriving accused beyon4 a fact necessary for be susceptible of must accept at their that inter- conclusion or circumstances. certainty doubt" or proof does not necesbeyond all is not one which might from the evidence must not go beyond the and impartial the of any any one of which interpretations beyond a reasonable doubt must find to assume the responsibility must be one which arises The jury innocence the guilty. or circumstances to an absolute SN1IDpathyor a dislike case. accused of the accused to his The term of every of all of the existence jury by the interpretations innocence doubt the satisfied reasonable consideration consideration for or lack evidence of all arise possibility from conviction; of evidence but in the to hunt up doubts. If, the evidence case, in the �,_ �the jury certainty critical of the are convinced that they in their of the extend the affairs, that jury they then of the they would act accused accused are doubt. in their convinced of the guilt upon the and critical to that degree of own most of the guilt If upon such consideration are not satisfied own most important guilt of the upon such conviction beyond a reasonable of the evidence to the would act and important accused of the guilt strength affairs, beyond a reasonable of the of their they doubt. accused conviction are not satisfied �. ----------------~----...,,------------------------------------- • �• COI~MONrJT.::ALTH v. LEONARDCALD'.i'ELL ~· INSTRUCTION To constitute have been incited must have been part; that his to If that meditated, deliberated, on his and or do him some result of which would be is wound is deliberate, to the at the act with a deadly without that should of slaying, time of the presumption or and pre- weapon, in the pre- any or upon very a presumption that slight such killing and throws upon the was killer presumption. a premeditated to kill that by law. slayer, of removing is presw-ned as a deliberate and premeditated, To constitute intention is willful, given law creates circumstances upon the killer. killing inferred with of the killer of overconing throvm of the the necessity and is unaccompanied on the part is if the malice provocation, formed must deceased necessary is proved malice possession prior the and the burden If a mortal the the malice Likewise, the accused by 1,11..f\.LICE, and such killing he would kill the killin~ of disproving willful, the and from 1;1hi&h he died. of law, vious degree he must _ave willed, injury, of extenuation, matter first a V:ILLFUL, DELIBERA.TEand PREI.:EDITATEDact bodily death in the the ldllinc is to say, premeditated serious murder exist but killing. killing, it any particular such intention is not necessary length must have that of time been ��Commonwealth of Virginia v. Leonard Caldwell INSTRUCTIONNO. The court presumed elevate proof further instructs in law to be murder the offense is on the below murder to murder Commonwealth, in the second in the 3 the second in the first and, degree, jury that all murders degree, and, degree, the in order the burden to reduce is are in order burden the of offense on the prisoner. to �... �COEMONWEALTH V LEON.ARD CALD'dELL fl: Instruction The Court express or instructs implied. e.nd includes not only and unjustifiable to one or more an action an evil has mind been plain iberately flowing indication bent anger, particular from with of t_at hatred malice 11 "malice motive. is persons, and and wrongful such a heart on mischief. is and It any wicked and purpose attended jury The word lav1ful any the used in revenge, not is but intended corrupt motive, intention, as of a technical confined but circumstances regardless may be either where to social carry duty every to sense, un- ill will to denote done with the in and act them del- the ��COMEONWEALTH V LEONARD CALDWELL ~ Instruction The Court commission to the of That accused rig (2) wrong of the ti~e was to to order of insanity either, of commission the of knowing insufficient of the to excuse it must the be shovm offence nature mentality the and to the con- distinguish or, capable forced in jury: or had the that ground incapable act, Although of distinguishing between nature and consequence commit the crime control in of his right act, by an iLpulse consequence and the which he of an actual disease was inspired by emotion, or emotion mind. If, the passion or accused the right the t and wrong; was powerless the at and knowing accused at of the of his between jury on the was mentally sequence the a crime satisfaction (l} the instructs time nature impulse frenzy and and wrong. com.mi t the produced could of to its not by an~er, be excused co!ll!':1ission conseauences crime jealousy for the commission he was mentally of his act other and of capable distinguishing crime of if knowing between ��C OM1vIO:NT:EALTH V LF.ONARD CALD1!JELL {_p Instruction The Court evidence, the Caldwell that he killing in was beyond killing Leonard the sane instructs was Caldwell, previously killed the was wilful, degree, the tine the that doubt, a grudge toward had at jury a reasonable there first the on the his Carr because deliberate, and provided of the you killing. you believe that previous part deceased, declared said if of John from to the the the time prisoner, Rawley Carr, that purpose to kill Carr, and of grudge, then such is murder such premeditated, further believe and that defendant of ��COMMONWEALTH V LLOlTARD CALDWELL • -1--- Instruction The Court from the killed the evidence John Jury of the killing sufficient nature you must Carr as satisfied the accused to find jury even in from the did know whether accused not the have such the or did was right by reason believe accused yet, that sufficient act should indictment; act guilty you that evidence of his not if doubt c_ ar~ed consequence the that a reasonable be and mind the beyond Rav1ley should know the then instructs at the entality not if time to have or wrong, of insGnity. �• �COMMONWEALTH V LEONARDCALDWELL g Instruction The Court from the killed of evidence John jury of his and wrong, impulse actunl not the which disease guilty Carr and accused the the by reason mind, of to insanity. doubt in the you that to that the commit control ·you must should the yet at the nature if and crime the conright by an consequence find the time between the in believe accused indictment; of distinguishing forced then if of knov1ing capable was even evidence capable he was powerless of that charged from al though act jury a reasonable as be satisfied killini:;, sequence the beyond Rawley should the instructs of an accused ��COMMON'NEALTH - v. LEONARD CALD\','ELL -~r-- INSTRUCTION The Cou~t this the case, if instructs warranted followinr, (1) killine; premeditately, life v1ith by death or for (2) killing being degree less any 5 years, (3) That the they That the first indictment may find of not beinr, less in in either of more accused accused than is is not not the deliberately the degree first the second and is penitenti~ry degree, with premeditated. by confinement is for 20 yea.rs. by another, and which v1ilfully, in than the degree, in or by confinement not the the Murder deliberate p~mishable in malice. of murder than (4) under evidence, by another, one human v1ilful, is that being term Guilty of by the of murder one huraan punishable jury verdicts: Guilty of the in which malice, Hurder the 20 years; pe but in itentiary is the without the for second not or guilty. guilty by reason of insanity. ��;;I ��ORDER OF COMMITMENT FOR THE MENTALLY ILL TO A STATE HOSPITAL OR A LICENSED PRIVATE INSTITUTION COMMONWEALTH OF VIRGINIA s County of h to-wit: or city of ------------------------ To the sheriff, sergeant, or other authorized officer of the said county or city and to Dr. ___ J....,,os""'-'e"'-!-p,..h..._:e:R,.,.e..._B..,_.,la....,1....,,o,,c~k..,__ _______ _ . dent of th e -----------,--.,.,---,------,---:----",---,-------------------""--__::::.... ~o h ..ontern ~tate lfos.f,ital supermten rion. Name of state hospital or licensed private institution Address Virginia _________ _ Greetings: V. v. Whereas I,-----------------------, Birchfield a judge, trial justice, police justice, or civil and police justice (Under- score which is applicable.) of the said county or city have read the certificate and findin,gs of Doctor ___ and Doctor ______ _..J'-'.,,__~A"'."-... T~b~o~m"lp.,,s.....,.on"""-----------,, two physicians who are duly licensed to practice medicine in the . v. Commonwealth of Virginia and actually practicing and who, together with (l_._G_._T_h_o_m_,p"---s_o_n ___ _ ..Jirchfield Judge. trial justice, police justice, civil and police justice L_c,---o---:na-:-·--:-r_d __C_a_._d--:\_;o_l_l __ -----,------------- constitute a commission of inquiry into the mental condition of _____ Full given name and surname of person being committed Lecn,u•d and have this day found --------------------------------- a d:nell to be mentally ill and a suitable patient for admission to a hospital for the care and treatment of such persons and that the said person is not under criminal charge. = ~• V• do, in the name of the Commonwealth I, ---------------,-,------------,----------,---,-------------Judge, justice. police justice, civil and police justice command you, the said sheriff, sergeant, or other authorized officer, to make provision for the suitable and proper care and treatment of the said L<"O~ rd _____________________________ (., le ,e ] ..,.nd you, the superintendent of the hospital, are hereby authorized to Full given name and surname of person being committed receive into the said hospital, and into your care and charge, the said person to be cared for and treated as mentally ill, and I do hereby transmit to you, the said superintendent of the hospital, Part I containing the petition, and medical certificate of findings. Also attached hereto is Part II containing the interrogatories, answers thereto and medical history. According to law, one copy of Part I has this day been delivered or transmitted by me to the clerk of the court of the said county or city where deeds are recorded. Judge, Trial (Indicate which.) • rion Street & No. City ~eyth County irginia State Note: For purpose of admission to state hospitals or licensed private institutions, this part of the proceeding is void unless accompanied by Part II, Interrogatories, answers thereto, and medical history. �WA:a.RANT THE COMMONWEALTH OF VIRGINIA, County of ---------•~""----------- ..::,rm,tn to-wit: or city of ------------------------ To the sheriff, sergeant, or other authorized officer of the said county or city: Whereas, _u ·re ' J; rto11 has this day alleged and given information, on oath, as set forth in the attached Name of petitioner petition, before me, that, on thP~__ l_9 __ _ day J_une __________ of,_ ________ _ 19----2!_, in the said county or city Leon rd Cnld1 ell is alleged to be Full given name and surname of person alleged to be mentally ill mentally ill and in need of care and treatment: These are, therefore, in the name of the Commonwealth of Virginia, to com!lland you, forthwith, to apprehend and bring before me, if practicable, or some other judge, trial justice, police justice, or civil and police justice of the said county or city, the sai...1~-------- Lo on..rd Ca.ti. ell Full given name and surname of person alleged to be mentally ill for examination, by two physicians who are duly licensed to practice medicine in the Commonwealth of Virginia and actually practicing, on th~ 19~- 1:1,. to answer to the said allegation an d to b e examine d as to h----is Juns day of mental cond'1tion an d to be assisted further in accordance with the law. And, moreover, by virme of this warrant, I command you, in the name c .. G.. Thompson • of and Doctor _______ the Commonwealth of Virginia, to summon J_._A_._T_h_o_m_p_s_o_'n _______ Doctor .., neither of whom is in any way related to, nor has any interest in the estate or property of the said Leon ..1.rd 1.1ulJ ell Full given name and surname of person alleged to to then and there inquire as to be mentally ill whether HE, s.HX is mentally ill. And, also, summon the following witnesses, who bear the following relationship to the said person: Name Relationship Address Name Relationship Address Name Relationship Address Name Relationship Address and have then and there this warrant with you and return thereon. Given under my hand and seal, this l9 day of Judge, RETURN L,orord C~JJ1cll Executed the above warrant by producing the said ----------c;;--;;--:----:-----;-----,---7.'"""---:--:------::---:::------- Full given name and surname of person alleged to be mentally ill before the judge, trial justice, police justice, or civil and police justice named, at the time and place directed, and by summoning the two physicians and the witnesses named in said warrant to appear at the time and place fixed therein, except ___________________________ who were not found in my county qr city. Sheriff, Sergeant or Other Authorized Officer ' �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ............................................................................................................................. . . ',,:"'~~~r:J}Zrt~M : . 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 ....,......B..t.b..............day of.. .................. N.av.emb.e.r................................ 19 .52, to testify and the truth to say in behalf of the Commonwealth ...................................................................... .LE.ONARD .... against ........................................................... . CALI2WELL ............................................................................ . who stands charged with and indicted for a felony li0Ji!i3Helf1Ki!. And this you shall not omit under penalty. And have then and there this Writ. WitnessW~UOOOi.Kl0t:DOO~}m~ at the Court House, the .....9..l.§.t. .. day oL .........Q9..t9.P.~.r. ..........., 19..QF...., and in the 17.'7..tA~ar (_ pf the ~ Commonwealth.r--~- ---::___sf,ommanwea]th ts Utarne:,y:·····• TH ■ l ■ I.YJCE Pl.EU, HAIUUIONllUI.G, ,A, ~ �8 C OMMON\lEAL'l'H V. ) V!itness Subpoena LEONARD CALDVIELL To November 5, 1·9-62, at 10:00 a.r-i. ~~ (")trj :,::, 0 HC::: Z 1-3 ~ -~ pp H Cl C) > 'I. C: .:✓: r-.·. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summonAJ'.tPW County, Greeting: ....P..QY~.................................................................................... . 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 ......f tl ................... day of.. ....9.Y.9. ..:.P..9.;f'.................................................... 19~?., to testify and the truth to say in behalf of the Commonwealth ........................................................... .1r:.01 :. .. .....c ..~ : against ........................................................... . z~L ................................................................ . who stands charged with and indicted for a felony wj~ e&~ . And this you shall not omit under penalty. And have then and there this Writ. Witness '1X.It ~R- ~WIT2ER.~Q~!. of:.9;9r s?~9 ~t, at the Court House, the ....-S. ......... day oL .....!-J.9Y9..f.-i~?.§? ............... , 19.....:f>.?, and in the 11'!:t.L-:.year of he Commonwealth. ' ..~-c: THE l ■ a'flC& PlEU, H,U,a.JSON9UI.G 1 ,._. .........--./t ~ ...~ Commonwealth's Attorney �ot rmcin ___ at nis U::>u �In the Name of the Common wealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .......Fr ..ank. ...C..o.nle.y ......................................................................... . to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ...5.th ...................... day of.. ........N.QY.~l-TIP..~.;r. ............................................ 19 .52, to testify and the truth to say in behalf of the Commonwealth against ......................................................... . ................ ........... .......................................... LEON ARD ...CALD\'lELL ............................................................................. . who stands charged with and indicted for a felony ™~m~r. And this you shall not omit under penalty. And have then and there this Writ. t, at the Court House, the ....3r.d day of...NQY~.IDQB..:r. ............... , 19..52 ..., and in the 17 ....7.e:;r v =--····~··············-/,· TH ■ ••anc• Pl.EU, HAl.&ISONBUa.G • C the ,~monwealth. ........ ~ ..................................... ,.natlt .... / Commonwealth's ...... Attorney �~ f •o nEir. U~Ual f31ac@ ot e.btJtHL Hi$ tadtl1;1 abe ~:ice or b:bode, '~ ~ I ,J ~- C...i.. • ..;, �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham ..~................................................................................................ County, Greeting: . to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ...........5..t.h............... day of.. .................. HQ.Ys}.mP.s}.+.' ................................. 19 .9.?.., to testify and the truth to say in behalf of the Commonwealth against ............. .. ......................................................................... LE ONARD....CALDWELL ........................................................................ . who stands charged with and indicted for a felon',Bfm~* And this you shall not omit under penalty. And have then and there this Writ. Witness~~jf~~ day of.. .......... Oc.t.Ql:;>.~.r. ..........., 19...5.2 ..., and in the 17 .7 t at the Court House, the .....31s.t .. �COMMOMVEALTH V. ) Witness Subpoena LEONARDCALDWELL To November 5, 1952, at 10: oo A. r.fi. ---r.,:::i E-t :=, 0 ~ 'rJ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: to summon ...A...... L .•...Strawdennan,. ..Mrs.•. Mary .Dove....ani ............ . . . .Roy...S:rar.tz. •............................................................................................................................................................ You are hereby commanded 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.t.h ....................... day of.. ...N.9.Y!;UJJ.9.e.r. ................................................... 19 ..5..?., to testify and the truth to say in behalf of the Commonwealth who stands charged with and indicted for a felony against ....~.9D-.~I'.4...G.~Jcl.W~.:IJ..~ ..... . ~~. And this you shall not omit under penalty. And have then and there this Writ. Witness: R:ol!E{Rm.W~ ~,~NC11-0-1Mle41>\S day of.. ..Dctobe.:ri..~................. , 19..5.?.... , an TH ■ s ■ aYJCS P•Ess. HAtt.aUONauu;, ...... -lB'-'~a<Ma...a.i;.J,.rhe Court House, the ....22nd ... �i-1 H i:::i i-1 c::c: ~ ;::,,. "' p• . .... . 8 ROCKING (1) t 0 .a. .w:..-.~ ...~ , Q_ ~ ,~ ~ " ~ --~ -V') 'V8:2!'Wi1! a. .v~:~ _____ ~: I.{) rl /.f H .µ TO ~J:.£-~/L...~~~-~~~::::::~ <D cc1IN ..oCOPY OF ~ ~ a5 EXECUTE1..J.0V: 4 1;f'0li'1 }..\X_L1 J1 J t. U j f~~f usuii"' his to ell Q (1) 0 ;::5 p.. ro Cl) <D ti) 0 H ~ r11 <;;:::Jt::-1 ~Q z~ s :o,.,•r-1 § ~ ~.µ 0 ~ 0 ~ ~,,...... ~ ~ E-l • i-1 0 0 f aoo ot"nnciing.., ~ ~ .f>r, t. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon .....O:g.l~....P.9Y~........................................... '................................................. . ------·-···-·········-·························································································································································----·················.--·············· 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.. ......N.9.Y.~.ml:1~.r. .................................................. 19 ..?..?., to testify and the truth to say in behalf of the Commonwealth against .......w~m.~r..4 ....G.g.+.-9.-W.~U. ...... 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&~IDIJ=---===~~•=,•"-"'...._.,..,,,_,,,,~,., day of.......Oc.t.ober .................... , TH& s ■ aYICI )'It.EU, HAU,UONIIUI.C., 'f'A. e Court House, ·the ....23.:rd ..... �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ............ Gi.lb.e.r.t ....\1.orr.i.s.....an.d ...Nor.f.i.e.ld ................ . ...C.r.a,v.f.or.d...................................... ~ ......................................................................................................................... . 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 the5.t.h .......................... day of.......N.QV.e.mb.e.r................................................ 19 .B?.., to testify and the truth to say in behalf of the Commonwealth against ........................................................... . .................................................................... LE ONARD....CALDWELL................................................................................ . ------·-·································•.,.··················································-·············································································································- ..·· who stands charged with and indicted for a felony wlWfrYdrnor. And this you shall not omit under penalty. And have then and there this Writ. Witness~ll.I{J[S~~:O~tle6i day oL ..N.9Y.~.mJ:?.~;r ............... , TH& l ■ aTIC■ Pl.l!U 1 HA.I.UtONBU .. G, 'f4, it:xa"@::.~·s@'rt, at the Court House, the .....~r..o........ �Commonwealth V •) Witness Subpoena. Leonard Caldwell To November 5, 1952 at 10:00 a. m. 0 .... 0 G) () ~ >. 0. 0 (.) 0 .., ... ,._, ' �In the Name of the Commonwealth of Virgirtia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon __ .Dr.. ___ _L. ____ J_.___ .Mo_tyc.a______________________________________________ ----···················· 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 oL_N.QVember. ..---··-·-·--··············-··--------··-············· 195.?..., to testify and the truth to say in behalf of the Commonwealth who stands charged with and indicted for a felony against ....J~gr.i_gq __ .Q~;IA~fP-:•-···· m~ And this you shall not omit under penalty. And have then and there this Writ. Witness, t~lIBOcm~ !:tX~ofXi OOld}~imt, at the Court House, the ...2.2n_g,······ day oL ___ Q~:t,(:>l;>f3.:r ..·----·-·-·········-• 195..?..._., and in the 17.? th TH ■ l&aTIC& Pl.EIS• HAl.a.JSON8US.G, ye r of onwealth. TA., Attorney �A-'COMMONWEALTH V. ) Witness Subpoena LEONARD CALDWELL To November 5, 1952, at 10:00 qf 0 C: ;:: .., 0 ~ "C 0 ..c a:! .... 0 (I) j (I) :, b a. m. �In the Name pf the Commonwealth of Virginia: To the Sheriff,of Rockingham County, Greeting: You are hereby commanded to sun:imon ...E.a.rl...Tume.r,,....James ...Shiffle.tt.~ ....... : ... L ...... ...an.d...Dr.•...F •.. - B;v.ers.•...... ~·········~···················•--··········•--•··················································································· ·--···········'·····•·~·············· I . ·····························--··-·--················································································---···························--···•··--·----·-·-···-······-··-···································· ···········•··--··••···································•································································· to appear before the Judge of the Circuit Court of Rockinghaftt Cotinty,at the Cowrt1--Iousethereof, at 10:00 o'clock, a. m., on the ......5..th..................... day oLN.OY..emb.er....................................................... 19..52, to testify and the truth to say in behalf of the Commonwealth against ....~9P-.{fl'.'9'.. C?.ldwell •...... who stands charged with and indicted for a felony::o::m.ttem:mmor. •And this you shall not omit under penalty. And have then and there this Writ. Witness, . ~R day of ...O.c.tob.er....................... , THI saaTJCI ·•~ss, tu.aaUONBUI.G, TA., 1s CoIT1J11onwealth ttorney �i3 CO™ONVffiALTH V •) Witness Subpoena' LEONARDCALDWELL ~ ~ To ~XECUTE ~~..LAIN THE COUNTYOt ROCKINGHAM BY ELIV A TRUE C v:J!:mFF Rocw ,., l4"'.J..Lf.OUPJTY EXECUTL.. -TN THECOUNTYOt 1 G A IT' p ROC INGRA~. .r.1ELI~ COPY<'r- THEIRTTHI ,~ 1;,.. J TO~.).t. IN PERSC • ~--- ,('I 'ti t; g ti 'O 0 .0 al .... 0 4) 0 ell 0, ' ' ,.~ ~ -~ ~~ Cl,~ , ! �In, the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded Cou.nty, Greeting: to summon ..Tr.a.o.pe.:r ..... J.a ....C.•..... H~.~.h...!;l,.P_Q,....O:i..ff.9.:r..9:........., ..... .1.9.~.f:l_pJ::l: .................... _......... .,............... .... ·········••·••······ ·············•············································································· to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ..5th ....................... day ofN.o.v.e.mb..~.r...................................................... 19?.g .. , to testify and the truth to say in behalf of the Commonwealth against.LE ..O.NARD ....CA.LD ..i/ELL. .• 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, X,BX;~~~~:J«)C;OO~~~'°~©fjil:«]Jafil<i:Xat day ofO.ct.ob.er the Court House, the ...22nd .... ....................... , .............................. THI l&l.'l'IC,I PaEu, HJ.lll.JSONauac. ,,.., , �D C0!,1M ONWEALTH v.) Witness Subpoena LEONARDCALDWELL 1 To November c.;1..t:~0·:uD/d.6,--,t.~rn ThE ,]OT~~·~ 5, ROCKil:G-1~4..,.~ii"rvERlNG m ,~ H 10 :00 A "rf,GG at 1952, a. m. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ..J.?.eme..$ .....C..~.i.C..Q.f~., .....Ch~.:r.J..J.~ ..... KJi.~.1....gD,<}... ......................................... , ..................... Elwg_9.d .. $111Ji:ih.• ..... . 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.N.QY.~.IDP..e.J.' ................................................... 199.? .. , to testify and the truth to say in behalf of the Commonweal~h agai~~\·;··'_-·'········:;_-···················'··················· .......................................................... LEONARD...CALDWELL....... •............................................................... . who stands charged with and indicted for a felony ~NW• And this you shall not omit under penalty .. And have then and there this Writ. • J(y~11',.'"\f,Y,."!,:,},f.V;\'".;,,{,..,~sr:;.,y,.;r,yyyvys Wttnesl'.l','":f.~BIE,f:Vl-:i&W"J.ll-' Ew,~r~ef:.on,· day of.. ..9.~ ..i:;.9?.~t................... , 1~.? ......, and in the Y,"\Pf--,YYY ffitKY(')Of'E, 24th at the Court House, the .................... . �- \,...1,. - ... ' ~t :r~ ... , ',_).._,.Ll.L ,..._ .,~ '-V - -, L\. ' ', 1, I ' • ~ J �c > 15 Dr. Blalock is out town and will not return until the weekend of lov. 8. John T. v'olfe D. Sheriff "' .. .. .... :::, :c u z 0 u ..JI ..JI lwll II ri. ., ��Jn..-raocB. Pettis, Suporlnte1dent ie !!ocpi tc.1 Staunton, \J:..rgtriin ~'JCl;Jto:--n utt' Josep:1 _,. Bla.1001,, !: perint<ilndent Sc,uthueo·0ern ~,tnto n:osp:ltal /Dr,, Tfo.1,,lon, Virginiu David C. ~,ilson Univc:n•o:ty of V.:r,..·inia Cht'.l"lottcuvi11o, Vi:r•ginia Dr. C. C. Holland, Cl ·:ootorn St;t;o ·1ospital :: tuuntou,_ v' ::r~::'::1nin ic:::.1 h•octor �I i �����DESCRIPTION ?llr-- Last known addms ______ Color_ ___)1. Marks_ _____ OF PRISONER -~~"°-r:-----&e._ Height_ ____.~ __".:" __ Weight_ J-J~!____ _ -~/1:":' ____ ~ _______ ..f:_______ J!....oirI'""-~~~<:-- Age ____7-:;______ ____ Date of TriaL ___ fr Result _______-~ t,,>~- Occupation_--~---- __.,, • _, _T __ ___ ---~,.._-__-- __- ___J4_ I) -~,{_ __________________________ -".> ________________________________________________________________________ _________________________________________________________________________________ _ _ _ ��After 5 days, return to DRAWER 1080, STAUNTON,VIRGINIA The Honorable Hamilton Haas, Judge Twenty-Fifth Harrisonburg, Judicial Virginia Circuit of Virginia �_, .--- ~I �Leonard Caldvrnll , the accused in the attached rant, in open court before the Judge of the Circuit Court of ockingham County, Virginia, this 11th day of March , 1952 , do hereby voluntarily waive indictment on t,...h_e_s_a_i;-d!!'--c~h-a-rg_e_o_,f..-mu~der • Witness: �(, ( �ol') .l-----------------------------------------------, Jorm 18 No. 9131 4_ __ STc'rf OF VIRGINIA ~ OF Harrisonbur Va. TO ANY SHERIFF OR POLICE OFFICER: George Whereas, D. Conrad a~ Commo wealth's has this day made complaint and information on oath before me, -~G~e~o=r"--"",_,e,___.R~.__,,P~r~~i~c~e~~~~---(Namel of the said ~. tha.._ ____________ _ (Title) Rockingham ------------'L=E=--=-0-=H-=-=A=R=D'--"C=A=L=D"'-'\="IE=L=L=____________ ~on the in the ~Count\' 7th did kill and mur~ of one John Rawley Carr, against the and peace the These are, therefore, to command you, in the name of the Comm~nwealth, to apprehend and bring before the Rockingham Trial Justice Court of the~ County, the body ~ of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to sumrtlon color ____ Address __________ _ color ____ Address -----------------□ color Address □ color ____ Address □ color Address ---------------□ -□ as witnesses. Given under my hand and seal, this 7th (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, uu ·rtify that and -------------------------, to the Commonwealth ($________ as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of----------------------------------- ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to Circuit Court shall appear before the Trial Justice be rendered, yet upon this condition: That the sai~-------------------, 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 __________________ from the date hereof. _ Given under my hand, this ________ shall keep the peace and be of good behavior for a period of_________ day of ________________ , 19__ days _ --------------- T.] ls:: Ill 'i (") >-i 0 ~ P:,OroP, ~f;'g~i t:S t:S I-' P. 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' - (1) (1) r, 0 II" �TRIAL JUSTICE Criminal Docket :N<.>9131 ?:<J Com'th ~- COURT V. ;I i!P -~ A - Leonard Caldwell Defendant AW1 Appearance date 3-8-52 Trial Date Plea of Guilty - Preliminary hearing «aived - Held for action of Grand Jury. �TJ 3 \ ' �In the Name of the Commonwealth of Virginia: Yoii are hereby commanded to summon ..........J: .Se,P.h.............. 1 ~ loc. ~-·· ♦ ................................... . to appear before the Jttdge of the Circuit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the.~.:t.;i,. day of. ........l'fQY..:;,.lPJ~~+.,.......... 19.5..Z.. to testify and the truth to say in behalf of the Defendant in the prosecution of the Commonwealth against....................................... . ~+ 4.... .:~..i.i. ..................................................................... . ................................................J:c. 9.< ..t4 ...C who stands charged with and indicted for a felony 1XiY41JCUHl1.Jr. 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 Co11rt,at the Court House, the ...Z....t ........... day of ....0.. to· .e.r.,. ....... 195 .. , and in thel77.t r of the Co ��In the Name of the Commopwealth of Virginia: You are hereby commanded to summon ..........J.o.seph.R....... Blaloc.k, ..M...... D........................... .. to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the5.t.A .. day of. ........ff.O.V:~:mP~.:r., .............. 19.5.2 .. to testify and the trnth to say in behalf . ...... ...... ............ of the Defendant ....... ................ in the prosecution of the Commonwealth against........................................ J~~Q~r.4 ... Q.1;1,;i.9:w.~JJ .............................................................................. . 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 ...28.t.b. ........ . day of ....O.ctober., ....... 1952 ..., and in thel7 ��AFTER ~ DAYS RETURN TO DRAWER 670 MARION. VIRGINIA .. Mr. J. Robert Switzer, Clerk, ~ircuit Court of Rockingham County, Harrisonburg, Virginia. �..__. c:_, �• ' �t � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Leonard Caldwell 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 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_008 Caldwell https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_004_commonwealth-v-leroy-roach.pdf d27fcb15d74a2b649bbeef58494e5b09 PDF Text Text g}~.z-~-.$- - ~k$/ 1/.71-1/t.Z - /) 7 Ji& j? ?~- r/~~j(~~//U'd/- /ljtf /i.z~ f'~~ i 11/-3/d2- ~1'~ ~~;✓~ k~- - �I l -- �COMMONWEALTH V. ROACH IN TRUCTION The Court may be convicted circumstantial believe that instructs upon circumstantial evidence the person case that so charged they circumstantial coupled evidence evidence, beyond connected beyond a reasonable him in the indictment; this with the jury other doubt alone, reasonable the guilt doubt. alone, or upon if to convict instructs the jury the jury evidence, alleged against the jury the defendant or upon circumstantial if with crime evidence, of the crime the court or from such circumstantial believe other one charged from such circumstantial is guilty have the right evidence, evidence with therefore, evidence that in upon evidence from such circumstantial evidence of the defendant connected with other to have been proved �.l: ... J '. I ' �WEALTH I STR CTIO~--- Th Co rt instruct y b convicted tantial on o charg di tial ATTORNEY cou 1 d ith ot evi enc or f oms c R. SIPE AT HARRISONBURG. LAW VA. ne char ed with crime c lone, or r nd reasonable f the crim t e court right alon, vi pon or upon circum tanti doubt. tantial lle in tructs o co vict , if th gilt su h circu uilty th r fr• vide c vi enae, beli vet JAMES vid r asonable doubt fro a e th t they h ve th by hat evid nee connected with other evid nee, if th indictment; t jury u .. circum tantial eve beyo d the pr th vidence, d a 1ain t h j ry in t e def ir umstanti jury dant upon 1 vid c j ry fr m ucb cir um tan i 1 l videnc of the d fend conn ct d with other t to h v b n rov d �C WA.J TA Y!IHROTTA .AV ,ORUS1>1oa, .. 11AH �IRS Th rt r vi C eyo d a r '00 l . ru ts the ju y th • n n un o viot C nc , if t ire 11 V onabl ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. t ht t 1 defen C t to inst Q onn av 0 C stan h vid ed t Stant j vld nc, j Jry 1n ·o vi t t ti 1 ui t of th dou t. :I - 11 in ·t the jury stantial er th co 0 , if , or u o cir vi r hr re i r t r r u t it C C i ho h vid nc JAMES necte ic 1 t vi tant bled red th CTI l ot b v d r �WA.J TA Y3HSIOTTA .AV .ORUBIIIOialRRAH �·---- TB.UCTlO ~ JAMES ATTORNEY R. SIPE AT LAW HARRISONBURG, VA. f hi ct. �3q1a WA.J .AV .ff a:3MAL TA Y'liHflOTTA ,.>flUSKOl!HlflAH �IN :'L • u.:.. C ...... •·.. ..,., ace u RU I ____ _ u y . Le JAMES ATTORNEY R. SIPE AT LAW HARRISONBURG, VA. --... f• o... U'.!:"O ..... e i-c· 0 b • o_ t~l d end V 0 t ce .. t 0 ~ �3•Ha .H 83MAL WAJ TA Y:!ll<l>IOTTA .AV ,e>HUSHOBlil>IAH �IO ThP. u t tr --- 8 t -·Y h 3 t n ury I • C i t t cas t st ary in 0 e th ti 0 r II t u •0 l nc i 1 re ui t r JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA, on t. ev d oc t d t to r n rov d �391e WA.J .ff 83MAL TA Y3HltOTTA .AV .c11tue:11oeumAH �COMMONWEALTH V. ROACH INSTRUCTION The Court homicide, the element be proved like circumstantial instructs of deliberation any other evidence the jury fact, that in a case or premeditation by either direct or by a combination or of both. of may ��ALTH - INSTRUCTI N Th Court instructs th the elm nt of d liber b ike any oth r mstanti JAMES ATTORNEY R. SIPE AT LAW HARRISONBURG, VA. l videnc act, jury that in a c tion or pr meditation by eith r direct or or by a combination of both. f may �.dl .t l .t I l 3"'1la .fl 8'.3MAL WAJ TA V3HSIOTTA .AV ,Ql'IUmiOern11A1-f �- INSTRUCTl Th Co "tin tr ct t f d liber 1 like tanti JAMES ATTORNEY R. SIPE AT HARRISONBURG. LAW VA. 1 the jury th tin ti y th r f ct, by or by c a c dit ti 1th r direa or bin tion of both. e of y �3912 WAJ .AV -~ c:?3MAL TA Y~HAOTTA ,D.ffUSHOC::lflRAH �COMMO EALTH v. LEROY ROACH INSTRUCTIO The Court instruct o. T the jury th t if they believe from the evidence in this case beyond a reasonable d ubt th t the defendant, Leroy Roach, inflicted the mortal blow upon Wilmer Shiffiett. presumes him to be guilty of murder Court further mst ... cts the jury th t if the defendant relie defense to excus to introduce in 'i:h second degree, or justify the killing, supporting evidenc and the upon self .. the bur en is upon the defendant that he acted in self-defense; deciding whether or not the plea of self-def enee is established supporting evidence, and in by such it is the duty of the jury to take into consideration all the facts and circumstances and the defendant. the law proved in the case, both by the Commonwealth �I ru: 0 LJ :) �COMMO EALTH v. LEROY ROACH INSTRUCTION NO. The Court instructs evidence the jury that if they believe from the in this case beyond a reasonable Leroy Roach, presumes inflicted the mortal blow upon Wilmer him to be guilty of murder Court further instr.ucts supporting the jury that if the defendant evidence evidence, and the upon self- that he acted in self-defense; is established and in by such it is the duty of the jury to take into consideration all the facts and circumstances and the defendant. relies the law the burden is upon the defendant deciding whether or not the plea of self-defense supporting Shifflett, in the second degree, defense to excuse or justify the killing, to introduce doubt that the defendant, proved in the case, both by the Commonwealth �HT..IUWIIOMMOO .v H~AO.H YOH:3:J .OK KOrr.>tJIIT810 sdt cno-i't svelled "(&d:t U tadt "('lut 9d:t at31l'Itaa! ttuo~ •dT ,:tnabnel9b ed:t t.srlt :tduob aldanoaa9-x s bn0"'(9d 9as:, ei:d:t nl &:>.asblvs wal sd:t ,Us.ftl1d8 "IscnllW' noqu wold lahocn ed:t be:to.Ul.al ,dosoff ed:t bn.e •&&'Qeb bn®ea 9d:t n! "t9b"l.llm lo '(tllq - llee noqu aelle"I taaboelsb 9d:t ~Uhl•t -xo euox• al bet!'>.8ed :ta&Ue:,aeblve plhoqqara tfo.ue "(d bedaflda:tes al se.mt\!,b-Usa lo .as.f.q~d:t :ton "IO ao.t:tneblaa~ -ota1 eut ddMwaommo.') 9d:t ~ dtod , ••• 89 awa,"lq sd:t U fa.d:t 't'JUt !Nf:t st~amnia! "le!U-wl nu<C :t.aabaels.b 9dt noqu al nslt'lud e.rU ,inlWll al baa ,eaaeleb·l&• 9d ot mlrl "(O"I9...I ot •••leb •Nl,G'dal 'Isd;t9rh1 ot Jalbfo~b ot l"lf't edt lo 'tfub edt at tl ••:xalll>m pln<JftUe .,u al bsvo .. ..,_.,amr.t"lht Na .,_1 .Jubul9b edt Ila edf baa �T CTI h truct rt f d liber t tanti JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. th r ny 11 l d th C j ry th tio ct• by eit r by a c in a dtt tion • irect inatio or f both. f y �39:la WA.J ,AV .fl 2::3MAI.. TA YlilllffOTTA .aRUSK021ffRAH �COMMON EALTH v. LEROY ROACH INSTRUCTION NO. The Court instruct the jury that if they believe from the evidence that the defendant committed indictment in the heat of passion, the homicide char ed in the excit d by a reasonable which caused him to do the act without premeditation insuffici nt to deprive him of the power of self-control, he is guilty of murder he received control in th second degreel was such as to reasonably and yet which was in th t case but if the provocation which deprive him of the power of self- t the time the homicide was committed. him not guilty of murder provocation but of manslaughter. then they should find �- J l Hd 'IU ::) t £fj t um 1rl ,,.---- �AL O VIRGINIA o- f. OCKING . , 1 In Gr. d fo d Juror Co ty y of th C rcuit C r t 0 D • 1 al h of Vi 1 , in th 0 id Co ty, I.er Y O tob ir o th on t 21st d y of J ly, 19 2, 1n th 1 , int 1 l b nt that C 111 ity d w. J tb of 0 Vir int. u vldP..nc of D uty 'hr r • J 98 ur to giv JAMES ATTORN£Y R. SIPE AT HARRISONBURG. LAW VA. v1de c. • f- G. M. m 1n o court i co d d sent �WA.J .AV TA Y::3M~OTTA ,;>RUSMOl!UUIAH �COMMONWEALTH 01" VIRGINIA DEPARTMENT OFFICE OF HEAL TH OF THE CHIEF MEDIC ""°"""'°• NOftTH I llTH RICHMOND 18 RllPORT L EXAMI n ,,,,,... 8TRIEl:T t,.._. OY AUTOPBY I ' Auropsy authociaed b,: 1>r, G• G• Tumor TYl>E OF-DEATH: D Violent or Unnatural JltGM: I - JI. MW JD II: CNUT UCtl Bupicioua Ill ..... c'\ -'2k. - -- UnaUen~ by a physician 0 Budden in apparene heal.th 0 In prison 0 Unusual 0 - ... v lrir.,., NON PATM. .; Ma11 ......... 0 wouNN. ~- ~...., o ontD C)jkWTlda Body Identified by: &MINI • COLOil :JI AIITUN)II -mar -- POITdlOII Ul'UIIL at ,......,...,,_.1AT~ 0 - RM+ I>r. G. G. Te.nnei hoSL Dr. G.G. T6.nner lo 1100Y HUT Col d I 4 -· PUTUn9, Lip avollen and blue. Multiple belratomas oftr entire the • •1'9 extend gg upv d ux! 'be.ch·,u-dll which •~~•• lacerat on over the medial- aapect or tbe lt. e,-brou wich il1'a CHICfP1M1 unoo ..... • • N.- T&n 4 l'lft.l:IL Ut cifMrr• rte. Tb.er• if. an obllQ\W lacez-:~~ver in l.•~.1 There -u a tri a9asm,,, about tall. 1n greatest d naion. Just :-SJ.ow ~ eyebrow the" ii a nrtical laceration ••• ? cs. below this laceretion on t.ba_e,elld~,oOt. ~surl;:~ in lerurth o-r&r tha ~ •• there la a c'Urftd laceration meaaruri~ 1.2 .• 1n le h. lt the rl. 1..teral ~ OJ_of rt! .lppG' lip there 1a a cl.D"fld laceratior\ lleS&uring • in· engtb and at the sidpoint t.M ~r 1 p ~Jain i• a triangular laceration just above the muco-equemoua Junction ~1ch Mallll.N& abea• l)-a. in ir'1ii&:Ui1. Bii:4aft2J&5tdrtel. on the face adjactel'4 to tl\O .;B1laai"ilih.J'iW.e' ili°ilii PATHOL l~L DIAONOBIS nbe.rachnoid hemorrhage involnng be.se of brain and brain stem and extending up owr the lateral surtaee1 ot the cerebral bemephere and into the third alld fourth Tentriclea. Multiple laoerationa of face. Maltiple e ue1008 o-t mtire fia• aad scalp. Marked dependent pulmonary congestion, edema and intra◄ lnola.?" beaorrhage. lfaaaift 0 J • • -. - I '"' • ~ PN6•1c ..,. of "1i,,lt:Has•iw. auilt.ftobnoid. h•orrbage inftl.Y:lng be.ea of brain ud l:a-ain at. aD4 .nend.1118 up owr the lateral surfaoee of the cerebral bad■ pboree an.I·. ilrto the third sm rourth wntric 1... AcmtmpJ': _fl__ ,,l a.w ~ ...._ ___ ~ ---------- SEP 4 1962 , 7-22::<i2I 10130 A,M, ------------------~~------·-----~----- 0.. .. ---- dea.,....., - �GROSS end Ml\::lROSCOPIC DESCRIP' suous CAVITIES: FL!URA.: naITONEUM: PEIUCA.IDIUM: Smocth, glistening l!ot r6mr1m ble. and no free N fluid. • HEAIT: Normal in size and configuration. The valns are all thin and delicate. The coronary arteries are widely patent and abow only rare smooth athercmatou.s p~q~s. The aorta shows rolniisa-1 arteriosclermJ-ie. LUNGS: Dependent congestion remarkable. UVD: and edema and intra-alveolar The trac~ Normal in size ne lesions "f 11 nr cell•. 3 and bronchi hemorrhage. Otherwise not are patent. and collfigura tien. • The cut surfaces a.re dark reddish-br<Mil and t-ha U·,-.r a.re n(J'ted &!)8.rt from a.,r~re fat YttQUGlo within the 1 . • ·· ••••.<- • .,.. ~'. .' Worm.al , i..c.,.~tu.~. •PANCa.U!,ll"'mal .1,DUNAL GUND:i: arehi teetura. No lesions·. ) • Normal ln· s'ize an:I ccnfigurst.ion. G, L TaACT: Ho chA.nges,seen. .) KIDNEYS: BLADDil: INTBL'iAL GENITAUA: NECK. ORGANS: Normal in size and configur-ation. Distended with clear uriP~. Test,e~ not remarkable. Not examined, except that The sections show no lesions. ~he mucoaa is oinkish-vhit&. there is no obstruction No leeiou. of the larynx. The acalp is incised by the usu.al ear to ear incision. There is e. small amount of suooponeurotic hemorrhage in the anterior portion of the scalp. The calvariww is removed. There is a lerge amount of subarachnoid hemorrhage. On examination this is found to be massive in the region of the base of the brain, especially belO'!,/ the antt=--rior lo1;es snd ~round the brain stem. The hemorrhage obscure the architectural details i!l these are&s. Tne :1e:norrhage extends ~utward on to the "lmlDD: latP.ral and ar..teri.or surfaces ,::,::the brain. The brai!l ie remaved froa the cranial cavity-;. 3-erial -sections shO'tl bbod 'within the third & fourth Tentriclee. Ther~ is no hemorrhage ~ithin the brain substance and no petechial b0110rrhages are seen in the braJ.n substance. The pituitary gland is normal in size and -ODJ!IBK config,n'B tion and is surrounded by blood. The dura is ft.ripped frooi the cal vsrium I and from the b3.se of the brain and no evidence \IIINII of a fracture is seen at any point The section of the spinal cord sho~s normal structure. The medulla shows som• JlllliK subarachnoic. hemorrhage. Sections 'Jf the cortex show marked sul:arachnoid he~ • Sections taken thro~t the base of the brain show marked subl.rachnoid hemorrhage. lllllllk Adjacent to the surfsce ,:f the base of the brain there art small perin.scular hernorrhagoe and interotitial hemorrhages but this process is not marked. ILW .\ND MF.NINGES: 0THil LABollATORY TOXICOLOGY J>ROCEDURBS: D . &Cl'BIIOLOOY Q SBloLOGY 0 NONB(il DISPOSITION OF EVIDENCE -~TY-l'E-(C_....._ __ ~--., --- -- ----------- ....... __ ·_l ----11- ____ NAM __ ._°'_Mt:_,_ ..._DT____ --1-----------11---0,,_•_CI_M._T_ITU I ,• . I~ rI ------------1-----------1-------1----- _I___ __ _ _ ____ I �.lU!'Ol'ST PICfCX')Ol, or O..tha 7~-62 RcuJt ol Deotin 6100 P.M., 1-w ot Amopt171 7-22-"2 lolm W1l•A' Sldffl••t. Mila, ,..._)4 ,-.n Lbd~t1 1 0 le'M Seffl.eN of I DI'• 'i'ILnnar Dtlte lln\U' ot 1~; nbal"aehnotd ~~ ilnolri.a&r ~ up tMtr tM lat.eral r...-fuee an4 iato \be \b:.I..N ud foartl\ watnoi.. Nlln!.w ud ~ Nal.U.,l• hoenU.., of f•M• Mult.iple OCDtuiGIII MulM4 clepnd@Dt of e1tUN Thi• is the vi.th e frind. ~ taN c...-tiaD. ~r brain llllfl brain 11t• o! the a...bral hla! ph.,. and Nalp. -and itt9 .... .l.Wol.M' balel"l'bsp. or a )4-,,,.n-old, vhit• •1-, vt,o •n«aged Duri.,,r t.ltt f!cbt, be AV.,..Nllltly au\aiald tc the f'aee e.ncl be4d • Ho appanntl.7 tell aaetbard. 8#U.Mt d.t:'Vll te t~ t,Totm!. • w, pro~•d fqt! at tbe 1c•M. MH ii. 1. ~&l~t. p tho~iat VHr/acb A .M. lOt}O ln en alr...-eai1on i.t\Jwrl.. lti"l• c-s.r &n4 al 14 r. D. ., ��CLIIICAL a Tbi• b t. oaM ot a ~14, wbi\e •le, vllo whee Ne bf t.he Mdioal •nainlr at about 7 P .M. on Jul.7 ain. •• 4•4. TM •torr pi•..-1 ta(•tber 11 tM\ t.hi 11 \rho h1t4 9 vit• a,d thrw ehilbal a1.!dvh-.orH1.tle4 tMt.aicla or KllctfJla ir.,a ~ 1 hotll' prio,r to llts dee~ b7 the loeal md01"t&ltff uJ4 u. vu \ brpt-.M1GD ot ff'takor that the t\Nedant had not l» 0 n ~ at tb6t Um. ni deoednt .,a nly ~ot lnt.o u &J'I\Wlllln\ v1 th a trtn4, vho 11 a fth ot a ail• away,oftr ~ autcllloUw 1'Clpa1rVM'k. TM ~ \oak placM bcr.t114•a oar appaNntl,T ~lbd br t.he •1'9 ,,r the 1"0ll4l. Tbe c.teoedeat ta a hl"I• mu u4 ia ua U.a~ 1a ro,o,-W to hit ...UW 1• ■in. The ~WI'\ _,, Mt am ppan 1y r.11 backw!"d hitt1111 \IMt ou aear vhi-11 t», w ne-4 . Wue \r» f1allt 1tut..d vih ol ,be 4M.teat, vbo ··• ■1ant1tac DIM.l"b7. ■tnrwd to l"IU1. The l.9dfftabl' w.a lled abt:-ut 61U ~ 6a,O •nd. \ l\ •• ~ to dM4 wpoe t.ha an1.ftl , f th@ Ullll!ena."1". ft.• c\eoedat 19 Mid to hew btea bl 1ood health pncrl' to h.1.9deatll. ��' lffl!ltl: &W}JljnQ11 Tne badJ' 1a lbat ot a U deWJ.ope4, wl..l MU'la-', vldu lllll• -nri.ac 1,., ~1. ta lfJltCtill. n. au 1a ..... Tl».,.. an lipi tan tn color. !be papil• an ~'-17 .....,. al ... RN ~ lltll. 1a c.U.._.ta. Tba 7 _. bea .._ad U"hr1ally. Tben U DO bean. Jo ~. Thi ,ala _. ao'1 bMa eireao18N. •t!.J'e f'ace. TM f"ue pn .. t.a mlt!:pl.e !ION. tt.,.. 111M • o'fft Ula Tb£t l1pe an wollan a 'bluiell 1A OGlor. Then 19 u HU.qu laffl"&Uon vbi..u ...,.... a o-.w .._ 1'1-h\ • .,. nte~ ,._n ---- • ill l..,t.a. Then ia a trieD1P11u i.o. .. t.icm o...-. mdial dpeei. ot \be l-.tt. .,.wcv wtdoh RT .. •boa i •• i ll'N.WR 41aenai • Jwt. l»lw ~ lac.z: ti.ca~~ eyelid, q,per, ,-t. bal.OH ta. .,. ..., tbuie le a ~l lA••ntiaa 1111&tNrillr 7 •• b. lnltb• O\'w ~ ot t.ne mae ,nen 1• ~ wwwsuflaMPatioa -nri.ac 1.2 •• 1n l~. Ai tM rlgb latcftl J)Clrtiee of \ba riC'-' ..,... lip t-.. ia a lll"ft4I l.Meft\l• flm"UII 9 •• 1n 1..anA at ~ llid--,,oil!t ct the ,apper lip t.hONI ta a ~r la tiaa Jut alieNe iM' ... aqv&MCKIII janion Wh1ftb raodUl"N abed 6 •• in peete•~ diaemt.011. TlwN i.a bloocl in'ript r. Bl.t,e &lao bl.o drl,,4 • t.bie taoo c.djaoent t.o tbl h4"fttJ.am deNl'ibed bon. Tbt ~ 1a me-.. 'ft» ana are '8BN4, The lldl.8 hot are dtny tn,n a;,paan sna• 1a ndla. otbs:Nt.N ---.1 ...i u. '° • 1a BOt. Nam'lrabls. gc,:m,, nsa Wy a .DOl'lll.l ......at an du'k rei!. 1■ la ~ llr the --1 at ••~ a4ipoN IDSJHJc OAJIXDI•'!be" u w, r... •ye ..,,.. Uame. n.td.4 t.n either iaat•l•. Than TM atrta~94 1111110l.M pltrme.l eanily or ,-1.euidbl eant.7. TIMN 1a.. ll Wtt or tl\WI 1m the ~tearal Nft\7 al oh ta thnp~ tc lie ~ 1lo tu bal.111.nc pl'Me08. Tbl ...... 1 lilU'faOft...U'9 all aooth, •ht and gli ~ and the r.l.At1oub1pe, et tM fl ... ft .. •l'Ml• JliCI 911:♦ 9 • lot enmSMd~ QAIJPIQJ.lSCtQ I SJ3Jllf1 Tbe bearl. i• moffllllin a, re 11•ldcoDrii\lfttica. aoattared are&11 1a \lbiab tbs op~tm 1• vhl.te ..nd oc:iaqa. The ~ 1~ tam aDll OD NC1.i(m 1s pale red 1A oolor. 'i'l~ lAd'lnll ot all. ot th'9 'llllWtl a thin am ~•11 t... The fC>1"1r,,M11oval• 1a anatm!GGU, oloNd.. ~ eol"Onar1 0etia rot n11rrl"Ned. The coro11u-y atrtol'ie an ol)lffl8d tm-~ u4 an wid•l7 "?'tent.. 'iM 4 i,t1aia 11 ~~t.b aatl cll•~iq Than an snd. 'brl~bt y-.llc,v. ~ v11n, sire t1'-tt tM rean 1."nt. Th Qc-rta lSkariH •t>OVsa aootb, ,U..wnS• 'britht. ~llov b\iN 111th 01.\17' • I'll...-. aoou a\ba tom p.laqoe. T'h8N re no boll err. th·,~bl b. ti:.e ~ art.er!••• flle lml9 an 1fflt; till ti.tr l'NpNtiW ocs.rl.UN. pi?''dall whit•, r;oft ed eftt'it.lnt -.r.n . tbe ,ntft i an 11Z:SrMIN41a contd•'-D17, ~1\ant an.'l p~-plleJ!a in color • ..tu. mo- 8'ailu 1• C<"lar. The 4.-peD.!ent-:- rtism .,.. Na ...-w aM ~111nu,;1a. TI1e t.nohea aD4 b:ru.aoh1 oon a .ta Gl:!S'l111.aaliUI 4 •'-'rlal. ��1 &"a•:.r 1 I. r.11. 1 e.1: 11 ' i • - • s...- - ::, 11 t n c I ii 8 ; f t: • I 1- ii>~ fi N ;s 11 : 'II 'l u~ fl Ji i~i i:11i t ,1:1n1a1:1u 5 ,1 •1~ If ~II~, !f- Ji:,r; !H ..., , lifi!i( ..., •li- --~ ·r!- filJ ·t if;- ~ f1[ i'l-'l f i 51 Jr c-- ti f ~f.fi E-f(sef"ft- ~~ -! I • f i"ll1 i~l It,~, 1e r Ii r: 1: tfi 1:i1! i;~J• nh(l(t·I r l -11,~ii: I- i 1! I ~ii: ii l; 1 11i1-I ,.: ~:Iii !i ahf ,:~!~i't ll[ i'~·.5 ~ti •• ti r~l lli•i i:: ~-lllf'r: • 1 1!: 1:!1! ~i 1 if :i ?~( ''!!: i • JI· i '•"=' II e.L ;,-: ,.1. ? lh i if! :f!1: !~ p ,, t~ ,~ !!Jf l ! I~ ! l l ~ i ~ :: ,:s;i J ht.i; l• i 1: ·1 ,f 1'1 -~-. lr.! l ii... i r ;- ·If,=!.. r.a. !. ; plot iti • lii~1 Ii ,, ~1!1 if·I 1 1 ,~ 'i. 1·''r ,~ ~!I• !i • ! 1f i:1h ,hi:r;, l i: '••e i: I I 5 ' pi Jrl ff f~•fe 'v , �----------- ------- --- �i. l ~r!i, I It;! _ ~ :t ~ f ,a •• ""' • :I :- =,f ~ I ,_ 1 i.~=f• 5 iJ;l3 ,.,,, &.itl! I f~~ It f ! f?8 ~ I~ ~J 1~1 ~~I "" : 8 to • . 3 J • , J ~- i i & ifi I ~ f i t; Ii t ~ . !- - ti 1- ! ~ I ! ~ r ! i' .. • :' f - t : ! I ! • 0 ~ -a ~ ~ I,_ ~1 a .~ e1 i-1 i.! g. ., ~ ~ - r ! , t~ 12 • t::: Ii l~ ~ If ii 11 J ,; I~ f I I ~1~ I. Pl Q "Jr 1. B~ 3 ~I ~ a • ~ ~ J .. ~ • ~ ; ► ~ i .• ::: i II,) f 6 d ti !9 ,: - I .r .. - ~ I 1 • f si ~ I ~ r ,- :1 I! I. '- I- 1~1 6I I f- BI i I ~~ ~~ 1r i~ j ff r , - () 3 :f t. ; ~ ..., :, • ~ ~ ~ i • ~ r 5 I~ I ~ 11 ~ ~ n 2 • ti ,. r., Jt i f4 ~ • ~ ..£ .. . ;:2 • .... ..... i ~· r!• o l ... C I _• ', ► ~ i 1f ii ; ~I~ i ! i ~ ! ~ 1 8 1. i ~ I t ! ~ l i I ~ ~ l t i i5 f .1 ..·1· I s1f I~ ~ ~ jl 1: f s-1af If ��AM:l!;NUED COPY OF COMMONWEALTH Ar Jtesident 01:PARTMENT OF HEAL TH OF THE CHIEF MEDICAL EXAMINER OFFICE AO~e 0 Non-resident REPORT ADDRESS ------E N09'TH 9'1CHMOND ., L-J---------------------- Ofl LUIUI EXAMI OCCUPATION: UJlllltY Unusual [ J Unattended by a physician : l Sudden in apparent health: Instantaneous without obvious cause ~ After unexplained coma After unex 1aiaed 'di fatal illness ~ BY MEDICAL ...a...c...k...i... o.,.t ...b..a... m.,__ __ M Uil~ City TYPE OF DEATH: In prilon O Suspicious LMT II.IN ALM l&TH STltllET 19, VA. OF INVESTIGATION ...l.... k...t... -o..o----1:l s.- Na.bar ... VIRGINIA •uspeacd - Found dead without obvious cau,e Unattended durin, fatal il1nae Stillbirth attended b midwife Vtn DEATH 80DY 0, ~ Violent or Unnatural O O O NOT1f1ID IIM"E NOTIFICATION BY· ADDRESS LOCATIOM IWJVIIYOAOIIILTOf ILUIUS EI kt,r,n DIAlM nM CITYOft COUNTY 'nr ~ i nQ' 0, PIIOIUIU hi rmra't: h»m Elkton, Va. ioc1cingh.un ffi£!1Way ElKton, Va. ~c-kingnam nigmray ... wtf;WUIOO,IOD'fff -...c:N.Pi•-- llLOJHlD • IU. DQ OIIICUMCIIID lftk c. 11.000 UIICL01HID□ n PAlff\.Y CU>THID O HAJ• I "',-. le PUPIU: t:i'l,el ._ __x_ '][ X -MIS L ........ OTHEA ( -.-) NOIII FATAi. WOUND& AaMUON air: GUNIHOT X FIIACTUII£ WDQHT H:l!? LFIIGTH 7I 0 DfSTIUIUTION: ,•rarm • JAW 0 AIIM 0 COLOII 0 NE:« OCHUT 0 ...,.... 0 POITUIOII0 0 IACt: O AIOOMU □ ~ a L£QI 0 LACPATION)CJ OPV.ma, ITC. NDYHUT1 u IIICISEO ....,. 0 0 BURN CONTUSIONltJ STAI nlOTH DQ ~ACNI □ MOUTH NOia cac...aoNOf800f (L 0., MOll'fTM. HOTII..HIOHWAY, tft.) IIIDIIJUL 9CAU'Z FACt:%) NECK O CHUT D t ~ 0 MDOMFN O MIMI O LEGS 0 FATAL WOUNDS: ffPII (CIWIIHOT,~ ITAL ffa.) IHAn 11n LoeATIOllf f'LAKUN••-•- • M auu Probahl, ca11seof death: Sub aracnf1~ nci~or1·11;;.re ,. 1ractur~a . 11111JlpJ.t., 'OSe, o1 entire race anu sc...i..µ SLl,. ;1t;;·,r, • of •Nth. (Clrak oNly} DISPOSITION OF CASE: - . ·t Not a medical examiner case .•.. · Acci<knt O Suirnle O Homicide [I ?. 4-utopsy authorized fil Ji "'"i Natuntl O Unknown O P~1clin1 0 By: :l;c:. Li. 11 la;o'1el! Pathologi5" ,H. 'lai uot 1111t O I hereby declare that after receiving notice of 1'le dtsth described ~in I took ~Je _of the body and made inquirie regardinc the cause of death in accordance with Section 19.1-42, Tltlc 19 of the 1950 Code ol Vlr'ginia as amended; and that the information contained herein regarding such death is true and correct to the best of know belief. olAww- 0.. A COPY TESTN: ---·-··----·····--·--·-··-·· ~::r. /, chi~•f~~-y ✓-~;~d=ical Exa11iner foaa 'o. 1---&m.N l l-,t __, ..!,) ��COMMONWEALTH A( Resident OFFICE <I0.....08 NOftTH RICHMOND O Non-resident REPORT ADDRESS _____ BY MEDICAL __.R.._a .... c...1r....j..._q...,t-.,.o .... a.,..m.,___ __ M U~ °"- ,._ TYPE OF DEATH: Ia pri10t10 Suspicious Sudden in apparent health : Instantaoeoua without obYiouscause EXAMI OCCUPATION: X.. Dart:r Couey L..>--------~--------------.ae.t --- Unusual { Unattended by a physician : Found dead without obvious came Unattended durinc fatal illnen Stillbirth attended b midwffe After unexplained coma After un ·nec1 'dl fatal illness ._OIILI.MII LAST IEPI M.1111 VIRGINIA 12TH STIIEIET 19, VA. OP INVESTIGATION __.F ... ,J...k.... t...o...o...,_ __ Naabs ... OF DEPARTMENT OF HEAL TH OF THE CHIEF MEDICAL EXAMINER MIDICAlIXlMIMI■ DUTH Yl£W OF aooY NOTiflll) 0 Violent or Unnatural i) O O M1a,u: O POLUIIOT1'1ID • MOTOIWHICLI AClllllar ltcsat-0,IMI~ Dll1'I TIMS NOTIFICATION BY· ADDRESS LOCATIOa IIIJUfl'\'Ofl ONKT Of ILUIUI E1kton ),)e,~;i DIA1" Elkton, Va.. YlllWUfO0, IOOYrt MOtCN.DIIIIII El.Kt.on, Va.. - DUCMPnOII-IIOlff -CL.OTHI.D a waoTNID Mlnl.YCU>lMID O ... _ no ~IID PUt lluff-□ Plft.l: cw. ba:z.a1 11.000 C 0 I .,l'lr IL DO L ni,:nway !lo,kingna.m t::irhway MOunt T ........ ( -.-) _.x._ ::c d.1.rt OTHUL 1AM NOii fATAL WOUNI» 0 JAW OAAMI 0 CONTUSIONJtJ ITAi 0 NECK OCHDT 0 :1 INCIIU> 0 IACK OMDOMINO UOI 0 LM:DIATIOltJCJ fMCTUR£ WEOHT X(j!) IHGTH 7I 0 COLOII AIITWIIOIO lATIM, 0 .. ,-..a.a 0 1•11111& SCALP:11 fACf%JNECICO CHUI" 0 i DISTfllSUTION: ~v'.lrm IOO\'HIAT: - U"8II 0 IUM AS~ GUNSHOT OPA".rnu. m:. (L G.,HO.-c'T._ HOTa, HIGHWAY, l'RI.I hi ,:h'w.:av ni"7ham ~ocKincnam "l[ P1'01M TYl't Of ,__ CITY Ofl COUNTY IACKO MDOMOI O AIIMIO LLOI 0 FATAL WOUNDS: nN (-.or,-. ff& l:ff,) am LOCATIOIII SHAPE PUIII, Lia - Probable cattse of death: "b ..... ""1"'C !l ,,:__J_ n ci..orrn:.-·c S,,__. u~ '" rracturea, ose, ••mlt1p1e 01" entire tacti and sc.1.p t -·- Manner of death: (Check one only) DISPOSITION OF CASE: _A ·dent D Stuci • ·cle O H om1c1 .. dc O 21. A Not a medical examiner seco .. c. rJ-n.cc1 · -..t i.i.., ca~ . ut opsv au th onzc,u t.e:riat,o ~sNatural D Unknown □ PendingJUI By: G Tun.er Pathologjsi' ,H. Tai pat O :ar.·n. I herebv declare that after r~iving notice of the death described herein I took charge of the body and made inquiries regarding the cause ol death in accordance with Section 19.1-42, Title 19 of the 1950 Code of Virginia as amended; and that the infonnation contained herein regarding such death is tn~ and correct to the best of knowled d belief. JUL 2 4 1962 A CO Y TESTE: ············-···---- ...~__. \..~ ...& ..................::.-t) - .~••~~~~ E.,.:arr.iner 24612 ��~ - w~ ~~ ~~ ~~~ -~ ~j ~~ 4/r d - - ����. . . .. .,._ ....... - _..._......... .... _................. . . -. .,,,. .._ ·---- ..---.-----..._,.,.___.,..._.,, . _____ ~_ .._,,. .. ._ ------- �Ii .,I r �~~~~-~~~~~~~~~~~~~~:---~✓ ~_,.d.~~.J~~- ~./~~:!~✓ .x- ~~-~~~~~~~ ~y~~ /I~>//,_ -t,- /~P? ~- ~~~~~~~­ ~~~~- ~~- c'_;,;~ ~--=- - /f[U,,, - Jc- a/~~.;{'~;_~- 4-~-- ~ ~fam,/b'7 - vttf-:- ~ 4~ 207.,2-r~fr~{Jf~) - ~--w/4:;h. ~$- - (_1)~ ~ ~~~~C ~ L.12fZ->~- q;d~~-/<4/~~~,,.__ .p]i~~~- // (1)~L~~-:- ~ ~~ jtk ,i/~/ .-/~~ ~~ k/~ Vfy-(1)~ /~i)~u/ VOJ~ - r~ /~- .-- , ~ 7 J- ~ lat/U.) ~-~/~~~ 4~~ ~~~ ~C-t10-~ ~ ~ l~ rr ~--r~ ~ ~ - ~tYa/~ I?~~~ - F 16 1 ..- .Jtf~~ [)~ - ~ ~ /uhi ~ - - ~~ - µ ~~ _, ✓ ~~ ~~--- f'o?.5~ M ~ ~ ~w~~~a/~ - s?jn//4~_)L~~ ~ v/ r~ - ,/~~- ~ ~ ~ ~_z;:, - ~~-~ ¥- - -- ~~~~ ._ ~h p7u IO '7l r .> dt,4,, --=- ��~ . .. .. .........-... , ..... ·- ..... ... ........... ................... ........................................·-, ·- ., ..-- I ~ ~~~~ - ~2fit:,/,:m~ L1//7 1/#'I ..s-~ - c-1'~:zT~ - 7~~$~~ -_ ~~- - I f!a/!2}' ~~ 4'c:;r~ ~ k II (3) T.!_) ,I 11 (i)~d~- " ,, £/4_,P/,cf/~ _ -~ -~~jP'~ ~¥ -r ~ 11~L - ~µ~---~~ ~ -f~~ �• �~/~_.;;, 1 II /IV~~_/'--- �r I I --- ,__ �......... ___ ........................... 'I'"! .. ._ ......................... , .................................. I ~- ? (,)~~- ~~ ✓ (_.2)Jd- (!}~ &)c~..v'~ - ? ~~.~ ~;;#~L~/~~- ~ I J- I ~ ,..... ............. ............... .. - �.. 7I �v~· ~v~--/~ 44,M~ ~~___, ..... ~ r/4/~~---> ~;?~t???~A-- • �l L ��t l l I t" 1 �I ; I �.,.. + �-+ �I- \- ���Comp. Form 18-A ST ATE OF VIRGINIA COUNTY OF ____________ _ I No ______ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: 0 Whereas, ___________ a_a_C_O ______ of the said County, tha1.-.._____________ _ or These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said County, the body ~) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: ~~/~&T color ____ Address ..... ~~=••=:.....<-'------------0 _,,,:;,,.~~/)"""'"'""~""''""""~-'----------- color ____ Address --i,lc....~~_,c..,&.~~""'~"""~-·_,___ _________ color ____ Address ----------------- color ____ Address ---------------□ -----------·------ color ____ Address --------------- □ ---------------□ ------------□ as witnesses. ~l t' Given under my hand and seal, thi.~ ____ JUl y_·-------------, day of____ �STATE OF VIRGINIA-COUN'lY OP--------------------, a Judge of the County Court I, Justice of the Peace to-wit: in and for the County aforesaid, State of Virginia, do certify that and __________________________ _, as his suret ------, have this day each acknowledged themselves indebted Dollars to the Commonwealth of Virginia in the sum of --------------------------------------( $________ ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to Circuit County shall appear before the be rendered, yet upon this condition: That the said ---------------------, Court County, on the _______ _ day of -------------~ 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 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. Given under my hand, this -------- -Wlys 19__ day of -----------------, Ju~. ., m r, >< 8 8 c:: p..'8 ~ Q ~ "' i;: 1:r ,. ~ ;. ;. ,. ,?i" I ;. ,. ; g_ 5· g. i0 ~~ ~> -g- "11 0 ~CT 5· ~ !D ,... P'> p p.. @ .... r "11 5· ,. ~ e. Cl> 0 p 0 p ~ ._ ~ s· ~ i fl w ~ "' ., e. ~- ~i;: l tar > 8., p ~ ~ s ~,. ~ ~ R- c2 ~ ,. ,.0 .,ti, :::.: p.. ~ - ;. ,. Q 0 r:: p >-l ~ E e: ;? ,. ., ., 0... '< 0 e. 0... g ~ p p.. ~ g, e: 0... 8 0 p ~ ~ < !" ~ p.. p "11 P. ~ ~ ~ 8 p s· c8. .F' __;· ., ., ~ .. .. i., ~ a. ... [ .. ,.CT "' ;;i ,. 8 ~~ ~ Cl> go ~ § 1J ..if 0 p ... ~ ;:;· r:: ~ 0 .... l s· l)Q 1J n 0 \0 [ 0 Q r:: p g §' ~ ~ ,.1J ., ,. ., ,.. r, 0 l)Q p ,.p..;;;· �GROSS and MiCROSCOPIC sERocs cAvm,s: Saooth, PLH"R.\: PERITO,f.l;~!: p[RJC.\l{f);t "\f: glistening Not remrkable • • DESCRIPTION and no tree nuid. • • " 111AR 1 : Normal in size and e~nfiguration. ·rhe valves are all thin and delicate. The ooronery arteries are widely patent and show only rare smooth atherom.atoua plaque ■• The aorta shovs mini!.'M.l a.rteriosclerosi•. LUNGS: Depement congeation and edema and intra-alveolar hemorrbll.ge. Othanliae not reClarkable. The trachea and bronchi are patent. UVER: SPLEEN: PANCREAS, ADRENAL GLANDS: G. 1. TRACT: KIDNEYS: BLADDER: 1~n.RNAL GE!\ITALIA: NECK ORGANS: BRAlN Ar-;D Ml:.NfNGES: Normal in size and eonfigura tion. The cut surf~ees are dark reddish-brown and no lesions of the liver are noted ape.rt from a rare fat vacuole -withb the liver oell,a. lonal ■tructure. Normal architecture. . ' lo le81ona·. }formal 1n· si1e and configuration. lo change11 ,seen. Normal in. size and confi.gurf.tion. Distended 1d th clear nrlne. The sectioll8 sho,.r no lesions. The mU1Josais pinkish-white. No lesions. Teste;s not ramarkable. Not em'llined, except that there :l.s no ob,truction of the ler;nx. 'fhe scalp is tnc:1.::ed b:7 the us\ll'l f.'er to N·r incieion. '!'h,-re is a smll amount of' sube.poneurotic hemnrrhl!ge in the euti'-rior portinn of the !108.lp. The calftriua is removed. 'l'ht"re is a large amount ol' subti.rr~chnoid he1:1orrhago. On exaaination this is found to be massive in the re:-gion of the oose of the brain, espeoiall7 halfflil th(:I ant ...r:I or le, r)fi~ ,. nc1 ,-rourY: t.nP •.r-.J n ,;,terr.. -r·n~ hemnrr~e obeeura the arehit~ctural detaiJ s in these 3ret s. T~o hemorrhage e::i:terids outward on to the lPt~rol Hnr.1 RntP.r 1or surtnces of th(' 'hrr,in. The hrein ie removed frm the cranial cavity. Seric.l soetiona show hlood within the third & fourth wntrioles. There is no heroorrhage within the 'bn!in substance and no petechial are seen in oonf'iguretion e.oofrom the Tbs section sube.rachnoicl hemorr~es the brain substftnoe. The pituit~ry gland is normal 1n aiM and and is surrounded by blood. Th"' dura b !tripped from the oaln.riua oose 0f the brain and no evidence cf n fl"f\eture is soen at a117 point.. of the spinal cord shows normal structure. '.i'he medulla shove •om• hemorrhase. Sections of the cortex shw merked subaraohDoid. ~ Sections taken throw.Ii tho ooze cf the brain rhow rr:1trkee suhlre.chnoit! heaorrba,-. Adj~cent to tte surf'ece ~r.th~ b;.ge ~r th~ brt'.~n th~re n~r. 5mall J)f'rinscular bemorrhaies and interstitial hemorrhe.go3 but this proces~ is not marked. OTHER LABORATORY PROCEDURES: T0XJC0LOGY D . BACTERIOLOGY [J SEROLOGY D NONE~ DISPOSITION OF EVIDENCE NAME OF RECIPIENT TYPE \Clothing, Bullets, Etc.' ADDRESS 'I • ----·----- • I • ------1 I -------- 1----------·-··---- ' OFFICIAi. TITLE I DATE ----- ! �COMMONWEALTH DEPARTMENT OFFICE OF THE Midd!r o&ID~ TYPE OF DEATH: Unattend, O \"iolcnt <'r Unnatural MEDICAL t ,F l.ast l by n php,il'i,,n l_;nusual f7 _ Aump,y , lit pri.,, "• 1:h :rized hy. Dr....JL...Q... f:l(i\JR JAW 'ra.nmr_ _____ _ Name n.l1.ie l: Sudden in a pparC'nt' hr-:11 t It ... Mean.,;· EXAMINER A UTOI'S) Willller .. _____SM f'f1,.,t~- John. HEAL TH NORTH 12TH STREET RICHMOND 19 REPURT DECEDENT ___ OF CHIEr 404-406 VIRGINIA OF JC Offi,ia! Tid\! 13ody ldcintifiecl by: LI\IOR ARMS N£CK Ci[ CHEST ttACK :!: ABDOMEN LEGS Ill IX :S C[ i--1 COLOR---·--. ____ _ Dr. G. G. Tanner I ! I ANTEAtOR POSTt.RIOA u LATERAL IX P~ H~ONS PRESEN r AT AUTOPSY ; REGIONAL .=...=.:c:;....~--- AG~----- _Q__ HAtR.dk...~,11., NON srx...Male RACE....JL_ FATAL wouNos. , nir.·r«l77 MtJSTACHE...0 scARs. -· .. TAnoo1Nra. Cln.VEIGHT <:llivl;M,.i5f cTHER -- !i•.J FEATURES· taee. There ia an oblique T.an.... PUPILS. R_.4 Xll,ll'..,, OPACITIES, ETC:. Dr. G .G. Tanner sn -, ' ,,f.P Cald C _4 !!III.. --·--··---·· - __ Lip swollen and blue. Multiple hem,itanaa over entire -·_EYES. , laceratiop over the rt. eye extend~ 1,1pva.rdand backwiirds which meaS\11"88 2 em. in length There is a triengular J.ecrr~ti:,n ovf'r the ur.dial as;)ect or the 1t. eyebrow which -•urea about ~. in greateet dimension. Just below thin lecflrP.t.1.oi1 on the: eyelid, uppt"!r, just belov the eyebrow there i$ a vart1cnl 1."'tee~t:J.on 1'1"Pn1rtng ?'i1:I• 1!:!.lf'nl?thi Ovor the bridge ot the no•• there la a curved laceration measuring 1.2cm in lenit,h. At the rl. eteral portion of the rt. 11PJ)er lip there is a curved laceratiur. measuring ~in lt~ngtb and at the midpoint of the ~per lip tMre is a trie.ngular lacere.t.ion just above the muco-&q\l8.I\Ousjunction .tich n:.e-asurea about ~ an. in the faoe adjacent t?_the 1~et~~a:avon f!::!::fl~a=i~!ioaTfti?w!s ~1o~fgeriiit:Uta.B~a~:' PATHOLOGICAL DIAGNOSIS Maadve sube.rachnoid h£mo1:rhe.pe involving oose of brain and brain st6rn o.nd extending up over the laterel surfaces of th& cG1·ebral tiemiephar·es and into the third s.nd fourth ventricles. Multiple l.acer~tions cf fsce. Multiple contusions of i-r-.t~re f{'C.? nnd scalp. Marked dependent pulmonary congestion, edema and intra-olveolniherorrh:1.;;e. Probable cause of d.. zth: Massive suoo.ri5.chnoid hemoIThage PROVISION ....l invol'1'1ng base braill •tem and extending up over the lateral surfaces bed■pheree and into the third and fourth ventriclas. A true copy: ----·--Oiicf Medical Examiner CME Form No. 10, Revised ,-,6. Dace 0f brah1 nnd of the .::0r•:br~11 fL'1AL R £:PORT REP(1RT D [jj �! t1l'OP! PRatooOL Date or DFatha 7-21-62 Bour of Daatha 6100 P.M.? John WU.aer Shifflett Male, A1e-)4 year• L1mit8.t1one1 Complete Date ot Autop1111 7-~2-62 Hour of Autopsy, 10130 A .M. Serviea1 ofs Dr. Tann~r /.N.ATOMIC DIAGNOSlS Massive subarnohnoid her.iorrhage involving be.ae of brain and brfl in stan and extending up ~ver the lateral surfaces or the cerebral oomiapherea and into the thirc\ and fourth ventricles. Multiple Multiple lacerations or f1i.oe. contuBir:-,ns ,,f entire !'ace end scnl-p. l'.arked dependflnt pulmonary congestion, edema and intra-elnolftr hemorrbar•• PINAL SUMKI.RY This is the case of" 34-~11.re-ald, vhite male, who engal(ed in an alte1"CaUOD vith a friend. Duriug the fight, h• apparent4 1wstained multiplti 1nJur1•• to the rMO and hesd. He apparently tell backward against a car and slid down to the ~round. 19 1,;u pronounced ~•ad at the eaene. d:&{~ V. R. Talbot, Pathologi■t Wlft'/ncb I M. D: ��lohn Wilaer Shifflett CLIIICAL S11GUt Thi• 11 ~ aaN ot a )4-,.ara...U, vhiue •l•, vho vben Nen bt tba aedi•l •vm1ne~ at abou'\ 7 P.N. on July 2ln. waa d•4. TM at017 pieeed t01•~r 1• that taia am vllo bail a vit• and tJaree ch114NII and vho reaided out.aide ot llkton va• aoea abollt l mm-prior to hi• 4eat.h b7 •• local undenabr u4 it vu t.ba illpn11lon of tlle aatertl'!1:~-:r th<"t the deced•" had not befln 4ri.zlld.nc at that t.1-. Th• 4Neeleat.,.nnUy got into an u•11a1nl with a triend,vho llwd abou\ t"th of i;i. oil• away, uVl?r aome aut.oaotiw repair vork. Thia argumant. took pl.ace beaid• a oar •~rent.17 parked b7 th• 1i<S. ot tha roacl. Tbll deoedent 1• a lar.re 11&11and hi• •••ilant is reported to be ■-.ller in 81H. The de\ledent wu hit and appaNn~l1 tell baclcward hittizac \be ear JW&r whioh they vere ■ tandine. When UM tight •t.arted the vile or tm- decedent, who wae stan4in, nearbt, ■tarted to nm. The undertaker was called abcut 6115 or 6130 and thtt man was reported to be dead the arrival of tho undertaker. 1ood health prior to hi• death. Th• deoedent 1■ eaio to hAft upozi be•n 1n ��John Wilmer ShitflAtt A62-.32 GROOSDJi'.SCRIPTIOlt 'EITFR!.;;,, -,;J,.1-.:l..;.~:•:r,.,;;,The1 body 1s that ;;f a "1ell aev-,.l.o~d, well nouris bed, vhi te ms.le He.a urlng 177 c,n • in 1 ,mgth • The he.tr ill ~ ark br0\111. The cJ]i,-.; a.rv light tan in color. fh• pui:,ila are t·!Oprox1metely equal ind IDS&SUN 4-5 IIUII. in diameter. The body bas been embalmed arteria~. Tr.tor.. is uo ooard. No mtataohe. The penis baa not been circu&1ind. The tao• present, multiple acft tissue hflmatCJll8a onr the er+'"~" r,.,._ . 1""::,, lip• an svollen and bluish in color. There ii an oblique laceration onr the ri~ht fl!YfJextending unvard ann backvards vhicn ..,..,._.J-.;,..·da~ -.ir.. ~n J..flI"'4it.u. .i.'nei·~ 1..1 a tri11.ngular i11cerat1.on ov.r th'a fil6-~ .....1.::. aspE:ct .)f tlla 16ft eyebrow 'Which lll81lsuree ab0ut 8 JlllTI. in greatest uiUli;naion. Just oelCN this lacel"fttion on the eyelid, upper, just oolow the ey~ brow there 1s a vertia.l laceration measuring 7 -• in length. Over the briA\ge of the nose there ia a cul"98d laoeration meesuring 1.2 cm. in length. At the ri~ht lateral portirm of the righ\ upper 11~ tl::c:.·e is a cJ.rv~d lacer1:1tion mPasuring 9 im. in length and at tr~e mid-point of ~he. Upp~r lip there 1a a triangulJ,.r leceration just above the nruco-aqunmous junction which aeasures about. 6 mm. in greatest. dimension. There is blood in the right ear. Blood also MS dried on the taoe adjaoent to the laoerationa desoribed above. Tbe noee 11 traotured. The an.a are tanned. The nail• and feet are dirt1 and there appears to be grease in ;:.he naila. Other.,ise the external enllination 1• not reill6.rkable. §!CTION,The ~Y is opened b7 the usual "I• shaped incision. a normal amount ot subcutaneous adipose tiuue. 'l'he 1triated are dark red. ii Thare 11U1cle1 SEROOAL CAVITn;s, There 11 no free fluid 1n either pleural cevit7 or pericar1ial cavity. Thllre is a arooll f'lmount ot fluid in thtt pf'ritoneal oa'Yi:t.7which is though'\ to be secondary to the 8mbalming proces11. The seroaal surtaeea are all smooth, moist &nd Rlisteni~ and tte rel.ation1hip1 or the viaeeraaB normal. ll&K OfGA~a Not eDl!lined. CAly)IOVASCUlA R ~YSU:ij1 The heart. is normal in aid and oonfi~tion. There are acattPred areas in which tne epicardium is "White and opaqua. The myocard!.wn is firm and on section is pale red in color. The leafieta of all of th• w.lvee are thin and delicate. The forsmen o~l• i1 anat011ioall.7 closed. The coronary oeti& are not narrO'.oled. ·.1.:.it. corom,.r:, a.r~riee are opened throughout and are -widely patent. The inti.Jrw. is s11100th 111.nd.glistening and brigat yellow. The valls are anrt and resilient. :'h6 aorta likwie• show~ a 3mooth, gliatenillg bright yellow intilna vi t.h only a rare ■mooth ethc1·onv.ttGua plaque. :,iertt ara no emboll Ol' thrombi in t!lfl pulm.ona17 a.:tt°.ri·=H1. LUJC-Sa The lung• are large and till their respective cavitias. Th• anterior portiona a.re pinki1b-white, 10rt and orepiten'\ while the poaterior pcrtiona are increa••d in eonai1teD07, 1Ubcrepitent am! :;>urpll■h in color. The cut eurt'aoN are dailar in oolor. Th• dependent portiona are &Nil to be congested and e·:le1atoul. l':~u traobea an..! bronchi -::ont.aina a 1mall amount or a aanguineOUII suaoid mat•rial. ��lobn Wil.ller Shifflett A62-J2 GROSS I, SCRIPTIOBCON1D G.lS'l'RQ-.Lc{g..ilIM.1.,i:)l~1Hh The ~osa c,f the eaopbb.~'W> ia pinkiah-white in eolor. The stomach oontain" 111 moo~rate 111mount of a ~rayiah mucoid r.Bterial. Tile emall intl"Bt1M ewno111M.rkua. edema l")f the wall. Thia 1a th,.,ught t.., hf'! ,eMnd11ry to the embe.lming proceas. TI:e appendix 1a long. The co.Lon i~ uot. ren,arkable. ~..,.,.......1 i.:. site and configuration. '.i.'he capsule is smooth and gHet~nil'lf7. The H'Vf>r i~ firm "nd on Notion is tan in CC'llor ....1th no alu-ra.t1.on of the usw1.l architecture. BILIAnYSYJ11h• The gallbladder is full of dark green vieoid bile. The mucosB is dark ~rt>en and v-elvety in appeeranoe. Tne bile duote are patent. F-~OCRr,A,a IiorIMl in sl7e end configuration. It ia firm, tan end showe thf" U9U1!.llobulP.tion. .Serial sections show no groH lesions. SPU•!;N• Normal in size and cnnfiguration. capsule. The cut surfa.ce ie dl'lrk red. It is firm and shows a smooth l,DIPUA'i'IC S YSTEhi Not rem~r~ ble. ADRENAL uLAIIDSI 'fh• r~ht configuration. On section thiclrneas. URINARY SYSP:M• e11psule strip cortex and left The kidneys easily and medulliry adNinals are normal in size end the cortex ia brig;ht yellov end normal in "'r• revealing wn,aids normnl in size a amoeth pah ahov 11. and oonfiguretion. red surface. normal configuration. and ureters u•• nonnAl in si•. The bledt'er is di!tanded a clear atn.w coloNd nuid. The mucosa is pinkis~hite. Th• On sect.ion the The pelwe and filled with GFNITAl.IA.1 The prostate ifl nonMl in si~.e ~nd c~nfigureti,~~i. It is moder<1. tely fim ,rnd t'°>f, cut ,urf Pt.ee 1!! hon,01e~"'°u!'l ~u-rl wh: t,"'. The testes ere ooth "..ccat~ ,.rfthin the scrotum And the cut snrf13oee s\.iow normal 1tructure. SKEJl1'AL SYSTF.M• Not remarhhle. No fractures are noted. CfNTRAL ~RVQffiS SYSTrJ-11 'l'he seal~ is r~flP-ct.,d by the u,,ninl ear to ear incision. There is A Sll\Jlll 111.mount nf subapont3urGtic '1tt~·cr·•·::c1 ;,"-' in the anterior ncr tion r,f thf' sc.cilo. The cslV1:Jrium is rei:novt::d.a u . .;iro is a ls.r~e Amcunt of euber,iohnoid hemorrhElge. un i,xe.minAtion t.his le found to be JMsei ve in tht!t re~1on of the base of tntt brain, e&oeci,uly oelov the anterior lobes and. arouna the brain ■ t.&111. .l.'he hemorrnage ob6ci.ll"s the architeotunil details in these areas. The her-,_.........,.,,...,.,a,ri"'"~• ,.,ut.·ard on to the lateral and ant~rior surt'ao•• of th., i:.iraln. l:.-ie ui·.-.in ia remoftd rr011 the oranial c11.niy. Seri.-.1 sections show blood vithin the third T~ntriol• e.nd fourth ventricle. 'lhera io bO hemorrhAge vithin the brain eubetane~ and nc t""~Ohial hemnM"h"v.ee ere aeen in the breiJi subetanoe. The pitui t;ls.nd ie norJJ1~,l in cii~"' at..i configuntion end 1s surrom,~ed by blood. 1'he dura is str"i?'Pod t"ro~ the celvarium and f'rom the oo.se of the bntin and no evidence rif ,;. frhcturG .:.s .,o&n Bt any point. tacy ��John Wilmer Sbi!!lt"tt !62-32 MICR03COPIC DESCRIPTION PRg3TATEa Norm.el are~:itec.,ture. BL4PDFR1 Ho ledons. iPPFll)lla P1ttent 1'1IDl'nvi th all l,tyt"rs or the vall intact. from the deP8ndent portiom of the lung ehov intraal nolar hemorrhage, conge5tion !lnd ed~ma vith m&t'ropbagee contninin.q- I! green pigment. LU)[;~-31 The section• ~• liot remarlm bl•. lll.Jm• No:ntal 1tructure. or lymphocyte!! ESOPHAGUSa There rtre collections in the eubnucose.. ,lEJtJJJUM1llonnal structure. STOO.CHa No lesion•. PAJlfRU,SI Nonna.1 srehi teature. ~• There 111 110111e autolyds. the portal aree.e. A rere fPtt SPI.lllh a A fev lympbocytee are ••n in some or ole 1 ,n in the liver O<'llll'!. ere promillflnt. The lymphoid follicles )form.el architecture. ~• !Q!!!1 This SE>etion shovs nona.l the °'-eophilie ground subst&nce. PITUITARY GUJID1 IJDl[!S ft I The anterior lfo lesions AJ)RFJALGLUl>SI 1trueture and poetf!rior eprirt t'rom some inores.se 1n lobes show normal structure. ere noted. Normal structure. cnmu.LNr.RVOUSSts'ITMa The section SeVP.ral cortical nodules ue present. of thG» spinal cord shm.rs nor.r:al structure. Th• •dull• ■ hews some ■ ube.rachnoid bemcrrbage. Sectione of the cortex ■hCII 11arked ■uba.rachnoid hemorrbftge. 2ectione taken through tlie b,.,se of the brain ■ hov 111e1rked sube.rachnoid hemorrhage. Aajaeent to the surface of the bftee of the brain there are small per1vascu1Ar hemorrhages and interstitial hemorrhages but thi• prooess i ■ not marked. ��lNSTRUCTIO __ The Court instructs in Vir inia gr e is pr s In ord r to fir t d gree, JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. jury th t every unla ful d 1.n 1 lev te th to be of ns urd r in th to murd r t e burden of proof is on the C:ormaon• ord r tor o how a justific th due tion or the off ns tom xcu e, the burd n i lau ht r, upon �I rr d t W.A.l .AV TA Y3"1ff0TTA ,a!IUSM021Rs;AH �• STB.UCTI urt • u t ju t ; 1 t JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. b a • ot e ry r articular 1 tb 8 asa 111 exit - , 1 be 1111.ng y t th t viou 1 . llful, �3"11Z .ff a3MAL WA.J .AV TA Yl!HSIOTTA ,.>SIUSl,1021ffRAH �U I Th Court in truct lt re tio of utu 1 c in ord r to ju ify u t prov giv n, d ity f pr ATTORNEY R. SIPE AT HARRISONBURG. LAW VA. an laug ter. 1n el •d f na • (1) Tha b for the mort l • bis o • 0 killin :ve him i kill·d ervio y to beli ve tb t t on d furtb r c 1 t killin t two thing: fety; or to jury t uch killf.n r JAMES at, be c uld with lif th lf fr w gr lif or t r r as n cea ry to pr b ily h 8 V rve • �3"112 -~ 2.3MAL WA.l .AV TA Y3HSIOTTA ,QRUSMOi!UUlAH �COMMONWEALTH INSTRUCTION The Court evidence in this case beyond 6d,?/~L. ~ey ~each, presumes ~~ inflicted the jury that if they believe a reasonable the mortal instructs to excuse to introduce deciding supporting whether supporting all the facts ~~~~~ in the second evidence the burden that he acted or not the plea of self-defense evidence, degree, relies the law and the upon self- is upon the defendant in self-defense; is established and in by such it is the duty of the jury to take into consideration and circumstances and the defendant. the killing, the doubt that the defendant,.,~-/~ the jury that if the defendant or justify from blow upon Wiilme:r ~h~fflett, him to be guilty of murder Court further defense instructs NO. proved in the case, both by the Commonwealth ��I r s f • My i y t 1 t r d y itb UD' hirt g do 11 8 �I �oh b but 1 1 ro th of l hi or rot t r lly into tol lang s th nt writt th b t t 1 dg. l wrn s : J. T. G. M. J . L. 1 Jr. Leroy c. wh b u ch h or h n d littl I ot �- .. ... .t a •• .. '\ ,- � 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 Leroy Roach Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder, convicted of involuntary manslaughter (note: autopsy report, defendant medical examination) 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_004 Roach https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_003_commonwealth-v-leroy-roach.pdf 4cd4017544b7ec10a3144c6b20d6401c PDF Text Text COMMONWEALTH f vd..f/Jj /IJ1-C:,N DESCRIPTION OF PRISONER Last known address <l),1 Color[,&!/IJ17=: ~ ,3 Height,?'-' n ,Aq_;t{~t JY' Eye,/-U..£.lf Ii /rTtJ Hair;,&,/Jt)w,).,/. Weight 7 / ,/ 2 Marks----------------------- Agec-2 ~ DateofT,ial Result c) OccupaHon LL jP I~ --;/71.,£1 C:JY -!:;f;1 (~- ~ £ J} e# I__/- 2 J -G-2, .-- ��JAIL REPORT ON: Leroy Roach Placed in jail: Bailed on: Returned to jail: 1/-~ ./ - ~ 7- 2..- ,2~ - h 2---// /1&/ b 'v ��.fv0-"r Docket No ,/ . CT ~. Cl??;;?/ 196 COMMONWEALTH of VIRGINIA ~~!). Cl , ~~~ VS. Indictment ~~ LEROYROACH J Felony (murder) ) ~~/J~ ~ David F.Berry, Own (x ) Madison, Appointed 1962 Oct. 15. Return ( Va. p.~ ) of Grand Jury. Oct. 15.Arraigned and plea Set for Nov. 15. n.g. // 11/33. 11- Nov. 15. Jury impanelled, etc.,' evidence ~eard, etc. 11/49 Nov. 16. verdict of jury returned and accused found guilty and punishment fixed at 5 years in Pen. Mot on to set aside continued to Nov. 21; accused committed to jail. 11/49. Nov. 21. Motion to set asiae overruled; and exception by accused. Roach sentenced in accordance with verdict. 11/51 I . yo I c.. l Ir ( CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �.. "-< "... ,.z 0 z ~ "' z f- .. n ..".. .. ;= 0 z > .."'.. > �Comp. Form 18-A I STATE OF VIRGINIA Rockingham COUNTY OF ·------------ No._____ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: James R. Sipe Whereas, has this day made complaint and information on oath before me, -=D-=o:.;:n.::..;a~l:;;:.d~-=S-=•:_..:E=-v..:....:c:a.::..:n::.;;;s ________ _ (Name) __J_u_s_t_i_· c_e_o_f_t_h_e_P_e_a_c_e ______ of the said County, tha1.- ____________ _ (Tide) --------------=L~e.;;;.R.;_o;..iy'--R_o_a_c_h did on the 21th ______________ day of._-~J_ul___ y_______ kill and murder the Commonwealth _.,jn the saidCounty , 19_§_g_: Unlawfully and feloniously one John W. Shifflett,against the peace and dignity of of Virginia. Theseare,therefore, to command you, in the name of the Commonwealth, to apprehend and bringbeforethe County Court of the said County,cthe body ~~ of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: ________________ color ____ Address -------------- □ ________________ color ____ Address --------------□ ________________ color ____ Address ------------□ ----------------- color ____ Address --------------□ color ____ Address--------------□ --------------as witnesses. Given under my hand and seal, thi~s__ 2_1__ t_~ __ J_ul__,y"'------------, ~--=---~--'-"--=--8--::i~--=----t 19 62 ....,m.......,,,~'"""""a___--( Seal) ( Tide of lssui111 Officer) JUSTICE OF THE PEACE �.,l'r;.r.r-..--..,,,....,.,,.✓~ STATE OF VIRGINIA-COUN1Y OF---------------------, to-wit: a Judge of the County Court I, Justice of the Peace in an d fo r the County aforesaid, State of Virginia, do certify that as his suret _____ and--------------------------, _, have this day each acknowledged themselves indebted to the Commonwealth of Virginia in the sum of ------------------------------------( $________ Dollars ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to of ----------------------- Circuit County shall appear before the be rendered, yet upon this condition: That the said -------------------~ County, on the ________ Court day of ______________ at ______ M., at . Yirginia, and at. any _time or ti.mes t~ which or further heard, and before any court thereafter havmg or holdmg any proceedmgs m connection w1th 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~eedings 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 of___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. 19__ Given under my hand, this ________ day of ----------------, <fays Judge..J.P. .,n c+ c+ 1-3 ::r ::r :;y (1) \ . '~ (l) ~ ~ E. ::r a f' 4 ~ c+ ::r I-'• \ ~ ~ 5· ~ e. " ~ e. ~i;r 0 p :I! "& g ... p ~0 p 5· l)Q ~ a 1l .., ~ s· 1l .., it ~ ._ ., ::.: "r1 8 .,p ~ ... Pl" ~ ::.: ~ ~ a.. .,tll ::.: >-i ::i. e:. ~Cl) • I-'• t; 1-4) Cl) I-'• ::rof-'• (1) f..J(l) p.~ " t"-f ~ e CD !:.:J 0 ~ a ~g. f-'• f..J (1) i >-i s· p !:.:J 0"r1 - 0 p, 0 ~ en >-i ::.· e: p ~ @ l-) i co ~ 5"'~ ~ l "'- 0.. ~ 0 -.i ... f s ... 5· < ~~ p .. ~ 9Q 8 j .F' __;· ., lr 0 "'- i.. " 0- " 8 " 0 I:) e" ... l)Q ~ ;· ~ C: ~ 1l .., 1l ::: ~... " 0 \J-1 ~ ;i ~o ~ 5 § :I! ~ ::.· s· ~ ~ en ~\ \J "" ~ !t .., ~ ~ 8 ~0 ~ i> () ~ ~ ::s0 ~~Cl) ~ \ ~ ~ __.___ p 5· 0 I-<) r J..J• f\) 0 "r1 (1) ~'U p. ~ C: o' (1) ~ 'i II> o' s: en 1-4) p. Cl) ~ - ... ~ Er (l) c...~~ ~ ~ ""'"'8 c:: (1) 'i § .., C: 'i (1) 0 p. n .... \) r g C: p g - ..."" n ~p ... ""'- �COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The. Circuit Court of Rockingham County, The Grand Jurors October Term, 1% 2 of the Commonwealth of Virginia, and for the body of the County of Rockingham, Circuit Court of the said County, upon their Leroy Roach on the 21st day of July, Rockingham, Shifflett, Virginia, against feloniously now attending oaths present in the that 1962, in the County of did kill the peace and dignity and murder one John W. of the Commonwealth of Virginia. Upon the evidence Mrso John W. Shifflett, of Deputy Sheriff witnesses to the Grand Jury to give evidence. G. M. Wilcox and sworn in open court and sent �murder ~4-,,t. ' Foreman A TRUEBILL Attorney COMMONWEALTH V. , ROACH t ., James R. Sipe Commonwealth's • I I J �0 November 15, 1962. Common we alt h On an indictment v. charging felony (murder) Leroy Roach This accused, day came the attorney Leroy Roach, attorneys, came pursuant facias, twenty qualified surn.~oned by the persons and free were persons commonwealth and the accused, the names of four Abbott, Scott Dellinger, persons, D. Fawley, Kenneth William aforesaid to constitute and a true heard heard the sider their having nine recognizance argument yet verdict, reached remaining jury, and found twelve, the and after a verdict, cor jurors retired were adjourned In ,-1~ F. Shank, Thomas selected and truly of the to their again into until as try and the defendant instructions /I George Galen B. to the 1 aw and the some tim~ame l therefrom and Roy Earls, the o'clock. u,,,1'!40~ Robert the the nam.ely: Ralph E. Arey, according of counsel, for struck were sworn tow ell duly containing attorney the commonwealth received Virginia. of venire a list to the W. Lee Dechert, render l court Haywood Butler, make between the evidence, a writ whereupon, James A. Haney, the verdict by the and the and by his of Madison, who each alternately and the G. Blose, corn.~onwealth, under was handed Pennington, O. Evans, delive:bance sheriff from exception; twenty having to his examined names of said bar the Hugh R. Ross and David F. Berry, And from persons true for and at the evidence; court, and and room to concourt, tomorrow and not morning at ��G November 16, 1962. Commonwealth v. On an indictment Leroy felony (murder) Roach This accused, whereupon, verdict; the the for the came pursuant trial jury and after the following to his conrnonwealth, recognizance again retired some time the verdict of the manslaughter verdict is at accused, jury con1trary 5 to their jury, and grant years. accused jury impanelled to adjournment; into court punishment moved the court their and returned the accused, his a new trial Leroy Roach, at confineforeman." to set aside on the ground that evidence; the hearin/;rgument was committed and by his Galen H. Dellinger, to the law and the for find and fix and t.he room to consider came again by counsel, day of November next and the they "We, the ment ~n the penitentiary Whereupon, and the of this case came pursuant verdict: of voluntary motion; attorney Hugh R. Ross and David F. Berry; and sworn for guilty day came the Leroy Roach, attorneys, 21st charging I\ to jail. and the court in support the said fixed of said the ��11/21/62 Commonwealth On an indictment v. charging felony (murder) Leroy Roach fhis day came again and the accused, county the verdict evidence, therefor herein the accused, overruled sentence hearing xti thereof, it be held for of the said until of the State jail inquired (5) years and kept imprisoned the term aforesaid, his time he may have been held V f j accused not pronounce of the jury rendered offered or alleged by the court at hard labor. that the incident to into And said of this accused the custody of an to be removed and conveyed to the and treated in jail said in the penitentiary house of this said should being he can be delivered and penitentiary the of said Leroy Roach the costs he be confined Penitentiary, motion, of the court, the verdict considered of the common- of said being and nothing is therefore and that is remanded to jail puulic with Virginia. to the law and the a as/further ground on behalf in support And it day of the term, for the term of five officer contrary :tk.ll submitted argument of this day of the term that he had or knew to say why the court prosecution, state of Madison, instructions excepted. the commonwealth, of the sheriff the same, to which action commonwealth recover this as being by counsel, on him in accordance at a previous in delay David F. Berry, of certain by counsel, if anything came in custody be set aside and after accused, for of his motion made at a former the giving wealth; court Leroy Roach, and by his attorney, And in support the attorney commonwealth, therein in the manner directed term to be subject awaiting trial to credit and/or to by law for sentence. any ��Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth Mrso John Wo Shifflett Mro Glen Wilcox - Elkton, day of.___ Va. Court of said County, A_ugu~_s_t ____ to give evidence in behalf of __ V. _ - to appear before The County 24th of Virginia to summon ________ , 19~, sitting at Harrisonburg, Virginia, m said County, on at the hour ofL-_2_:OO __ P_._M_o ________ -'C""'o=l1llll0=""'nv=-c..Te=-a=l=t=h=--------------------------- Leroy Roach 2 .of that day �The County Court u U.UJ <J a::: a::: 0::) '~I-~ vi z< ::) ol!J ----- Docket No. 39l 3? u u Connnonwealth vi a::: ~ ci vi vi ci Uz , Ul- I. BJ I-> z. z :=i . ( . V. ( Witness Subpoena ( <C ::E a:: -L ~n LLJ Cl '\j' t,Jc:.. Leroy Roach ~ a:: ~~ f- (/) [' To: August 2~ ....!QJ~~~~___,_,,.______ L. [ ~ i.'U :, 0 LU n:'. >CL 0 u . >- CXl 1962 .... �Witness Subpoena Commonw;ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: Virginia, m said County, on 1 m the pending case of .3....l""""'~r_...,_t ______ __.::c;:=: V. ~: my hand thi ~------------------------- �The County Court ____ .iJocket No . I ..:J? f ~ ,I -l/....., .J ( V. ( Witness Subpoena 4~ ( ~ �Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: - K, .x:.u: ::> ji. ...\ to appear before The County Co"tr-t of said (County, sitting at Harrisonburg, -l..,'f day o.____~--.,~--, / V. m said County, on 19 to give evidence in behalf of-s;,C:.,4,:'1'*~:,,.,....,~A'";;::_ _ __:::-,-..b:ff=:;;-'L.::.:=3.d: m the pending case of Virginia, ----""'-"-"'i--,.._.----'--'::,__---------'-:--------'------------------ 4 ~::::;:F"---------------- �The County Court c., ( V. ( Witness Subpoena ( ¼w �Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: to appea~~e ---~__,,__day The County¥C of ___ rt of _."'-"-'=-=;'-,---, sitting at Harris~onbup/~nia, 19_L atrQ-"hour~ in said County, on ..... ....::::....;,-.__c_ _______ to give evidence in behalf of;;1:2......,.s,;;jl;:Zo-o1.LJ===-----~="'-'="'------l==--'-~---=---=:..o.""""'--------------- / in the pending case of ....,Lb--.-_•~==-1_.../.._--'---------------------------------- V. ..uofthat day �r ,_I,_.-' I ',0 •• .. ..;TR~WDERMAN r-f'P"~ 'v\'.•-,-HI~~ u, (I) ::l r+ ~ in pe '.''Yl, Jt ,. .. '-...•... s-::id .. by ..... i::: .., 0 (") '<: r+ ::l i::: 0 (") at his usual ~.~/A w.~ £~. to ::r >--:l (I) ,g ner. ~~~:::,;;,~~~~~.:·s 'A:CSTRAWDERMAN usL1•~Ipl.:.o of cl--,-d3 . . . . . . . . . . . . . . . . . • • , being a member of his -fc,rni!y above the cg3 of 16 years, .onJ explaining the pLirport th .. Mof . . . . . . . . . . . . . . . . . ... true co~y of this ........... f z? t:z../.~. 4:.!i!-:- ~ place of aboc!o, [,<ccutcd .. ,Y.:"-;-:. . Not finding f:::~ .. ~t \ I ........ ~ --, 10:> ---~--- ..;;p~· ...... ..·~· ······. S. R. C. · · • , , •• D. S. R"""""' By/.(.< • • • ·,~ TO li'l ,_,.. ·,•;: , r , ::-:c::Ll\~ERINGA TRUE ·--··----,yr-,- <).,/~te;~ THi: COUNTY OF CJ71 r �-~ • ~- i,1 my ,)ciliwi::k . • • • • • not found -.K...9,./......... , 19(~ K. L: STRAWDER MAN • • • • • • • • • • & • • • • • • • • • • aaf,J.,.,Jf N,~-~in my b •.<?~ • 1rk ... ¥,-: ~( ...... not • • found . ..... , 19~~ • • • • , ••• S. R. C. De~uty sn,.,if ��COUNTY COURT Criminal Docket NC! 39137 A Commonwealth· V. ~ efendant~ J l{ V\t Appearance Date Trial Date ~/ ,,.,j_.j cf r .Ly-,,.- , - { L- 2-- u"-v �V.J f :-2LJ :: (/-- l -~ /,.,._,_ ~ _,•~T .2?h, (7-e,;~ - 1 2- -~ ~ �JOHN J. MORRIS (1967-1957) HUGH R. ROSS DAVID F. BERRY FREDERICK Ross, BERRY ATTORNEYS R. COATES & COATES STANARDSVILLE AT LAW 985•2331 STANARDSVILLE, VIRGINIA August 15, 1962 Clerk of County Court of Rockingham County Harrisonburg, Virginia In Re: Commonwealth v. Leroy Roach Dear Madam: Would you kindly issue witness subpoenas against the following named persons who are being called to testify in the above case in the Rockingham County Court on August 24, 1962: Elmer Lee Shifflett, Swift Run Va. Bessie Roach (Mrs. Kelly RoachJ Elkton, Va. Leon Shifflett, c/o Mrs. Bessie Roach,Elkton,Va. Dewey Conley, Elkton, Virginia Our firm represents Leroy Roach in this case and it is our understanding that the preliminary hearing is set for August 24, 1962 at 10:00 a.m. If this information is incorrect, would you kindly advise me. Very truly yours, ROSS, BERRY& COATES ~;J~c!f-4 /✓;avid DFB:mfm F. Berry~ �.... '. L �JOHN MADISON J. MORRIS (1907-1957) 940-4430 HUGH R. ROSS DAVID F. BERRY Ross, BERRY & COATES ATTORNEYS FREDERICK STANARDSVILLE AT LAW 985-2331 R. COATES MADISON, VIRGINIA November 12, 1962 Mr. George W. Kemper, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia In Re: Commonwealth v. Leroy Roach Dear Mr. Kemper: My notes do not clearly indicate not I have requested that Elmer Lee Shifflett Run, Virginia be summoned on behalf of the in the above case on ovember 15th in your subpoena has not been issued for Elmer Lee would you kindly do so. Sincerely whether or of Swift defendant court. If Shifflett, yours, ROSS, BERRY& COATES DFB:mfm J �r F r �J/--L.~ M ~·y_ ~ .;t__~ ~{ /l&-d/ ~ ~ ~~ ~~~ ~'.<M-, ~ -J,k k -~ 1-Ju~- . c£1_- .A~L/Vv~ d 5 (7.IVIA �++ ,, �COMMONWEALTH v. ROACH CHARGETO JURY If you find as charged malice in the indictment, aforethought, meditated, you will find him guilty at death, that Jr and that than twenty find him guilty more than twenty without sudden heat, confinement five malice but that than five nor degree, John W. or implied, or in mutual manslaughter in the penitentiary he killed actual provocation, upon combat, you will and fix his punishment for not less at than one nor more than years. him not guilty nor of murder in the second degree, his and fix his punish- of murder in the first aforethought, of voluntar If you find find but then you will for not less him not guilty on reasonable find him guilty in the indict- aforethought, and premeditated, nor of murder in the second degree, t, for years. If you find Shifflett as charged with malice in the penitentiary and in the penitentiary of murder in the second degree, ment at confinement degree years. of murder, deliberate with and pre- of murder in the first the same was committed it was not willful, deliberate or by confinement If you find him guilty of murder, the murder was committed it was willful, or for any term not less ment, Leroy Roach, guilty and that and that fix his punishment life, the accused, him guilty punishment of involuntary at confinement one nor more than five years, exceeding one thousand dollars, exceeding one year, of murder in the first nor of voluntary manslaughter, or, or by confinement If you find him not guilty, but say so and fix for not less in your discretion, or by both such fine manslaughter, you will in the penitentiary degree, by a fine in jail than of not not and imprisonment. you will say so and no more. ��J fl ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Shirley ••••••••••••••••••••••·•·•••·• Dean - Route #3 Elkton ·······························•···········-'········································································•··•·········································•··· 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:?.!;Pday of .....N9.Y~TTIP.~.r ........, 19..9.i., to testify and the truth to say in behalf of the Commonwealth W9:r,:e-~ -Gc-aAd. .Jwi:.)'y against .............................................................................................................. . ........................................................................ Leroy ..Roach ............................................................................................... . who stands charged with and indicted for a felony misti.effl~ier. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ....!-.9.;~f ............~~Y~.[_1:1~~·~·················• 19.~.i .., and in the of the Commonwealth. J~.?..t.b. year �/f-/t!'>~ L '. ~,#A. I, ~ t- ,_ , ' /l---/4 -?-z_ . f' R 4✓r4'~- ~~~~ ~ -r-c...-:- .. - C'.·, - . . _/~ :..,/~/4,,/~ ) C 8 • • • • r~ • • • • . :1••. .. ..; .. ... ..,,. C. • y • • •••••• C &~~ (.s. R. C. �In th l, Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You a~-ereby County, Greeting: commanded to summon ···•·-···-··············································································•···································· .....V. ..i~~.Y~ ...~J:.1.~.~.~~~;~···~···~~.~~~ ...f!.~.?... A~~--·-~~~~-~ ..-~~.~~~~ .......1".&.~~-! ...!+f~~-r--·-········•····· ff.~., ...~J~~.~Il.............................................................................................. . -/Wayne Shifflett - Route #3, Box 149B, Elkton :::~::·~~·~~~·~···~·~~·~~;···~··~:~·~~··;;~·;···~·~~~·~~·•· : ...............~.~"f.Y...!?.~.~~J~Y ...~...g~~.~~... ........._ .. to appear before the Judge of the Circuit Court of o'clock, a. m., on the Commonwealth .~.~E.~. day of ...~.?.~.~~~.~~·······•··I W~r-e-Uie-Gnut<-1-.Jtt~ ........ . ockingham County, at the Court House thereof, at 9:30 HL~~., to testify and the truth to say in behalf of the against .............................................................................................................. . ........................................................................ Leroy _Roach........................................ •..................................................... . who stands charged with and indicted for a felony mistlen,ettt1-el".And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the.J.Q:t;:.bof .......N9Y.~.~J?.~.f...................... , 19.§.i .., and in the ....~~.?..;Iyear of the Commonwealth. �j//tP_·-f:27NTJ--IECOUNTY E?<~':UTED ROCKlt 'G t,M COPY O'= l BY C'[\I r 1;:: ;. JG A TRU ~},?,?~. \i\'IT ' TO.l/4~J._j~~IN PER~ J ( -:-~ .a.~ ..;... •;+t" ........ -: ' • . . . . .,. Ji?~· .. By ........ S. R. C. J.),.1<... . . . . . . . . D. S. R. C. llT'T'//-/(_.-r!. ~IN oc "I - ., THF p,: co,..Yc ...T 'E co~ TY ( ~G A I 1,, '" ,/~~- TOt:!:t ✓~£,z,e lN Ft;:L'"' •• ....... f:. • : T • . . ....... "j""Ft .... ~fl-·...... S. I f:y Q ·.·.-.~ . ;.tL~ .. ..... •C D. S. . C. �In the Name of the Commonwiealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon------------------------------------------------------------------------------------------------------------------------- ----~!._".. ___ ~-~---~--".. ___ !_~~ner ___ - __Grot toes , ___ Va.----------·--------------------------------------------------·····-···· .. ·----····-·······-·-··-····----··-- to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the J_~_t.b_ day of ------~Q_y_~!TI_l;?_~:i;_·-·-·-·• 199_4___ , to testify and the truth to say in behalf of the Commonwealth Befe-i>e-Ui@ -Gnu¼<i• ..JH~ against --··------··------···----·-----··-·--··---·--····----··--···---··-··--···------··-····-··--···--·---··--·----·· -----------------·--·--·--------------------··------·------·--··----·---Leroy __Roach ·-·-··········-··········-·-··-····-····---·--·------··-··-·-···------·---····--··-·-····-······ who stands charged with and indicted for a felony misd.emeffl1'6r-.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- .~_?, and burg, Virginia, at the Court House, the __ ?._~~---of ---·---~~~~-~~~E-·--··-·--·-----···--·,19 ___ of the Commonwealth. LfO in the ·--~·~?.~_hyear ��In the Name of the Commonwtealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Go M. Wilcox -- ---------------------------------------------------···········----------------------------·. ---------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- -----------~ ------------------------ -- --. ----------------------- - -. -------- -- -. -- ---- ----- --.--- . -----. ------------ -- - . ----------------- - -------- -- ------ ---- ----- ---------·. ---- -------------- • ----------------------------------------------------·------------------------------------------------------------------------------------------------------------------------------------------------- ----------------- ------------------------------------ . ------·· ·- ----------------------------------. ----.----------.. ------. ---... -----. ----. -------------.- ------- ------•--- - -- -- -•-• ---•------ •• -• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ....~:?.~?day of ~.?.:'!.~~~.~E............. , 1~~.... , to testify and the truth to say in behalf of the Commonweal th »Qf 9i,:e,..UlQ-Gl-.aR'1 .Jw.i:.~against .............................................................................................................. . ........................................................................ Leroy ..Roach ................................................................................................ . who stands charged with and indicted for a felony .ffl.tSfleIHeane.P.- And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the.J9.th of the Commonwealth. Attorney for Rockingham County and the City of Harrison- of .........NgyglJ)Q~X .................... , 19.62 .., and in the ...1.81.thyear ��L roy ddr ch. Elkton, i . Co uring of • to couns-1, t rily thi , at of Chi f • t ilcox r J. T. l ttorn y J th r n d y July 1, 196· Virgil live th .ldor Ro o pie h whi k y t is mo .in • about pint vnin. 28 y day. I My Va. I ul , al 1 1 v r• 21st o· rt d n do g Bottom an rnin . I Virgil an be r to is y 'p ~ti ~'%~· ,\Y' x; ✓p., the ~ ~( own 1 hi is �• I �1 tt{ •J,l':Ji but I d cid ro • Th h obod 1n ys b nt his to go bul C th h n tor litt:l 1 t and th th bov t t tru and corr I tat 1 dg. / WIT S: J. T. J R. L. J ., Leroy nt writ t to the b , ow �.. - �address My name is Leroy Roach. is Route #3, Elkton, Va. I am 28 years of age. My I have been told that I am entitled to counsel, Nevertheless I do make the following statement voluntarily this 21st day of July, 1962, at 8:30 p.m. in the presence of Chief Robert Lo Deeds, Officer J. T. Howe, Deputy Sheriff G. M. Wilcox and Commonwealth's Attorney James R. Sipe. Today, July 21, 1962, I had been doing some work with Virgil Conley. Virgil lives at Sandy Bottom and I had gone down the Beldor Road to pick him up this morning. I had a drink of whiskey this morning about 9 a.m., and Virgil and myself drank a pint during the day. I also had some beer to drink later this evening. About 5 p.m. this afternoon I took Virgil home. On my way back down the Beldor Road towards Route #33, I saw Elmer Lee Shifflett, Leon Shifflett and another boy beside the road talking. I pulled off on the left side of the road to talk to them. We started talking about car motors and other things. A little later a man I know by the name of Wilmer Davis came down the Beldor Road and stopped a few minutes to talk to us. I knew that Wilmer was a good mechanic and I said something to him about fixing the carburetor on my car. He said he would look at it lat r today. I have known Wilmer for 7 or 8 years. Wilmer's wife and little girL were with him. little later Leon Shifflett and the other young boy left. Then Wilmer came back up the road and stopped to talk. His wife and little girl were still with him. Then Elmer Lee Shifflett left and I started to leave. But then Wilmer and myself got in an argument and Wilmer hit me with his fist on my head and got me down on the ground. I got up and reached for the front left door on my car when he took me by my shoulder. I then turned around and struck him a hard blow with my fist right above his nose. Wilmer fell down over the trunk and left rear fender of my car and I then took hold of his shirt and hit him 4 or 5 more times with my fist. He then fell on down to the ground. After he fell down he was bleeding above his eyes and nose, and was also bleeding from his mouth. He still looked alive to me because he was making a little noise and his stomach moved a little. He never said anything or opened his eyes after he fell to the ground. He was laying down hill, and because he was bleeding so much I turned him around. After he had been laying there for about 5 or 10 minutes, Shirley Dean, who lives close to me, came by in her car and I asked her to tell my wife to come up there or get a doctor or ambulance. I waited for a while and I thought she had more than enough time to get back several times, so I then got in my car to go down to my house to see what was keeping my wife. After I had gone about 100 yards I met my wife and Shirley, so I then backed up to the road to where Wilmer was still laying. My wife saw Wilmer just lying there, so my wife and I decided to go down to the police station in Elkton to tell them about what had happened. After ��- 2 we told the police, we started to go home but I decided to go back up to where Wilmer was ly~ng beside the road. The ambulanc and a number of people were already there when we arrived, the ambulance getting there right before us. Nobody else was there at the time of the fight or when we were having the argument except Wilmer, his wife and little girl, and myself. When I started to leave, just before Wilmer and I got into the fight, he told me that Billy, my brother-in-law, and told him that I would run if anyone came after me, or some language similar to that indicating that Billy had told him I was yellow. I have read the above statement written on 3 pages, and the statements are true and correct to the best of my knowledge. S/ WITNESS: J. T. G. Mo James R. L. Howe Wilcox R. Sipe Deeds, Jr. Leroy Roach ��Fer Hurder City STATE OF VIRGINIA-C~XY I. Jc' n G. Leake that and 2500.00 a 9 : 30 Judg~i,'l tire-~itncy,~urK Justice of the Peace :\S ~, Rockinham \. M., at -----------'-'------,Virginia, Ha~ri~on urg Ccmplainant S..;n~, to-wit: ies , have this day each acknowledged · dbe ted themselves tn FIVE FlTirDReD------------------- ), to be made and levied of their respective goods and chattels, Leroy I--;sued 7-21-62 Farra"'t R. in and for the County aforesaid, State of Virginia, do certify his suret _____ T TO T"TUS 4. of Virginia in the sum of be rendered, yet upon this condition: That the said of Jaries OF----------~-------~ L :-o:; :qc ach lf ~r::" Ro"C1-, ('"· 11 ~n· ~~--J.-~~c•~-~-~-~l.l!~"'s· ___ Roach l ________ to the Commonwealth ($ rrarrisor,burg land5, and tenement!' to the use of the Commonwealth to Circuit Court , shall appear before the ColffiijC Roach 15th County, on the Dollars October day of 19~. at 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 ___ 2_6_t_h __ d,y of 'U"US t ~.,,\9~ 2 7 ~.?~ ;. "' ., C: (") 0 }!Rise. J. P. m >< "' < !" s. "o 1;;::, "' / n "'tl ~ ,days "' 0. ;. "' 0. ... ::,- .;;· "' "' >4 ., 0 > ;. () ~ tJ:j ~ "' 3 5· t, :§:: ::tJ >- zt-:l e:. o· ::, 0 a. 'Tj ;. "' ~ ~ == s: pz z ::: > t"' .., tJ:j trJ rn t-:l §: 0 0 > ~- .., () :I: ::, n ::,- ,_.. (IQ '° .., "' -"' .... I ., 0. '< ::h ::, a. 0. ~ (1) o,;· 0- 5· °" 'Tl (1) (1) (') 0 8 80 ::, ~ (1) V, 0- .., (1 ; ..s: ! (1) 'Tl ~ § s i:j; ~ '- ~ ..g ~ ~ "' ,.. ... Q (') IJ:j 8 :,c- ~ ~e. ... ~ e: ~ ~ .,... ... ., ::, a.. ~ g 't) .. a.. ~ .... 0 (1) < i;i F" ,F" 5· ., ::, ~ $ ~- 6 ., i., s· .. .. ,., lr .... .. - 0 a. ~ 6 ... ::, ~ (1) i r (') 0 ~ V, 0 ~ ;l (1) (') (') ::, 2 ;:;· g ::, ~ ::;· ,fA> (') o' f. ::, °" ~s ll g ~ ~ 0 ,_.. \0 l ~ ~ ::, 9 :E! ... (1) (1) .., ,., (1) 0 ::, °" ;::;· a.. "' �Comp. Form 18 ST ATE OF VIRGINIA COUNTY OF ____________ TO ANY SHERIFF _ I No. ______ To-Wit: _ OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, ____________________ _ (Name) of the said County, tha~---------------- (Title) ________________________________________ did on the _____ 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 furthP.r dealt with according to law. And you are also directed to summon: color ____ Address color Address D color ____ Address □ color Address ---□ color ____ Address ---□ as witnesses. Given under my hand and seal, this _____ day of________________ (Title of Issuing _ Officer) 19_ (Seal) �W. H. NICHOLSON, RE M. D. 7TO 9 P.M. ELKTON, VA. REFILL REFILL NO 1-2-3-4 REF'ILLS BROWN'S ELKTON, PHONE PHARMACY VIRGINIA 29B • 6B81 -----------------M, D. �I �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, to summon ~a.np..1.~. E.9.a..qJ:i Greeting: ($1'4!.t...Rtm,, ...V.a...,JL .......... ............................. . ......... fJ;Jt .../~····················· ..... ~~1=~~h~mL~il~!;~:;~~~r~~~;;j·;El)<tQJ)).; . e .Shi.ffle..t.t . ................................................... ........................ .Be.rti ...CSm.f.t ...Run, ...V.~.P..) ..; ...................................... Rrank Hati_ow (Swift Run, Va.); JiiJii:f •J~•····•=i!~~~sEfffl}~ ~=~f~~~~~ ~~~IL•~~~~~~~;~. J; 7 t// i}. ;✓-- IJ to appear before the Judge o'clock, a. m., on th~5.:ti~day the Defendant of t:he Circuit of .. in the prosecution Court of Rockingham N..()Y.~Irll:>~r..L........ , of the Commonwealth ......................................................... t~;i;>PY. .. County, at the Court House thereof, at 9 :30 19 ..9.?,to testify and the trnth to say in behalf of against R.q~~ll,. who stands charged with and indicted for a felony mist~ In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the 8t.Q.. .. day County, Va., of ........N9.V:~.m"P-~;r. , ............. , 19.9.~,and in the.+.~.7.t:.li. ...year of the Commonwealth. Ross, Berry & Coates, Attorneys, Madison, Va. '3,<ao -:,. c.. • I ✓ �EKEcr-rR0O',t 1/-(t~~. --i Zo '1:J. =✓: ;t>-m. ;;o . ' .. :r O· .. z· . =~ . :t .. :"' . .. CC,...' _, T C) . • cu '< , • I T0 l/l. • C/l •• -i ::0 • • •► I I CJ •t' • ;;om () 0 .,, C'~ni" -< , C 0 - -t ,,, G)m .Tl :ro -l I r1 ✓ >: s: co: 3 ·<· o: p !-'l !Jl ? ?ti f) [l cu '< :) It.I . ::;-i () m -< LQ 11 0 -0 ;;o. £ .,, (/). 0 . ~ L" . < -· rJ: p I • By II , ,J /} ~tt • • • • • • • • • • • • • • • • ~)M • ••••••••••••• • • • • • • s. R C. . ..0. ·.:.~-l·~ -~. --~-... .. . . .......... s. . . C ~~ D. s. . C. By B<ECUTED I ROcl I .1 ....... • ii v\ y D ... c· OPY OF THE 'I;' TO ......... . IN PERSON. • ••••••••• D. S. R. C. E (;ol.JNT¥ e.: G A TRUE ••••••••••· · • .o·.j .. ...... .. ...... . h. l. c-T- .. y .. ·.:.:.4.4,,J. .... R. C. D.S. R.. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ~.ie County, Greeting: . .Ro.~cl,1Jsw:tt'.t ..Rm:>. •.. V.a. .•J; ........................................... • Be lah Law o ( ontevid o); . ............................................................................. Mra ....W.alter ...Wil.1.1.ama...(.S.l.e. pwe.ar....C.or.p•.•...Elkto.n).:. arman Roach (Dan ........................................................................ ··- . rt1 .... Shiffle.t.t rank arlow (S .. Lloyd ............................................................................ L.e.on ...S. 1.f i'.le.t. lmer L o'clock, a. 111., the Defendant on thel.5.tb. of the Circuit day of in the prosecution . ft Run, Va.}; D.€lan...(. lkt.on., ...V.a•.)..;............................................................... . .............................................................................. to appear before the Judge Lum er Co., Flkton); ....C.Swi.f.t...Run., ...V.a•.)..;...................................... . hifflett Court of Rockingham W..C>.V.f3l@~~......... of the Commonwealth (, wift un, V .); . (.c/.o ...Mr..s .....B.e . , 19. County, 6~, to .s. . ... o.a.c ... E.lkt.on.,.Va.) at the Court House thereof, testify and the tmth at 9 :30 to say in behalf of against .................................................. ....................... L~l"O.Y ...R.<?.~.o.h who stands charged with and indicted for a felony In witness whereof I hereunto ~ set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the 8:t.h....day of .ove..m.b.e.r.,. ......... , 19 62., and in the County, Va., 18.7tn....year of the Commonwealth. . , Clerk ; �y �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ft ..Run, Mann• )J • .e.ar....Co.r. .•., ... .l.kt.on) ..J.. o., 'l ton} J , .....a ....)..,..................................... .. ); . .......................................................................... .... i .............................................................................. Ll.01 , ...Va.. .; ............................................................... . tt, ( wift u.n, •)J ............................................................ ....Leon.. to appear before the Judge of the Circuit .. ./o... Court of Rockingham o'clock, a. m., on thJ..$.t .. day of ....... ......Q............... ~.f......... the Defendant in the prosecution of the Commonwealth .......................................................................... PY....... who stands charged with and indicted for a felony In witness whereof I hereunto ., 19 County, 6.2,to 1. ... o ch •.....lkton,. at the Court House thereof, at 9 :30 testify and the trnth to say in bethalf of against .c.h .......................................................................................... . ~ set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the ............. day oL ...... .O:V. reb. ..r., of the Commoowealth. .s.•..Be ............ , 19.6.2 , County, Va., and in the.l . .7th ....year 4&,'t,/L_~'. ~~ , Cleek �t:nmy �~ ~ ~ /4.-- ~~~~ 7~- ~ ~ //; #1 ✓~ ~~~:t!'-> ~~~a7~~~~-"M:.. ~~~~~~~~ c/~ ~~/~p~~~~~ ~ p/'~~6j/'~~~ ✓~~~~~ ✓~~~ ~~✓~~~~~ ~~ ~ ~ rr.Jt?~-~, ~ /-96'<,_, ~ ~~~~ • ~ ~~ ~~L.£)~/ ,/~ ,.?/.-z/~ 4',.,$7 47'~ ~~~- .r, /'~ ~~ £_ #~ . T~~4!/.;1/Yb~- ✓ ~~ ~. ~ ~ ~ ~~~ ~d~ a?"'~~~/:::i~~~~ ~~~~~~~~~✓ ~a.~y~~~ ~ 9 d • ~-✓ ~ ~~~~ ~~~~ ~~- p/'~ ~~ ~.z;-~~~~, //'~~ /1-~ f y~~~r ~.. ~. ~~ ~~ ~ ~ ~~ ~ ~~ ~ ~ ,qt!-J..3'/ ~ .L.&- /~ er/~ .o,/ ~ L~~~ ~~ ~~~~- ,./ ~~~~~~ ~ ~~ ~zP~-~ -~~ ~~~~~; .~?2-~ d~ ~~4~~~ ~~~~~~~ - Y~~~~a~~~~~ ~- ✓~~~~~~~ ~~,/~~,b~ • ~~--- ~~~ ~~~ ~-/.r-'e-- ~~~~~ ~ - ✓ ������COMMONWEALTH V. ROACH INSTRUCTION The Court degree instructs is any willful, human being the jury deliberate by another ation that murder in the and premeditated killing first of one with malice. Murder in the second degree one human being I by another is the willful with malice, killing but without of any deliber- and premeditation. Voluntary human being engendered manslaughter by another or brought without about is the intentional malice, killing in the heat by reasonable of one of sudden passion provocation or in mutual combat. Involuntary contrary manslaughter to the intention unlawful, of a lawful but not act. felonious, is the killing of the parties, act; or, of one accidentally, in the prosecution in the improper of some per ormance ��COMMONWEALTH v. ROACH y INSTRUCTION The Court homicide in Virginia second degree. in the first wealth; instructs is presumed In order degree, and in order that every unlawful in law to be murder to elevate the offense in the to murder the burden of proof is on the Common- to reduce the offense to manslaughter, or to show a justification the accused. the jury or excuse, the burden is upon ��COMMONWEALTH V. ROACH ~ INSTRUCTION The Court "malicious", definition either but evil as applied of murder, express every action unlawful flowing intentionally or implied It on harm. just or excuse. I Malice motive, and hatred denotes done with such circumstances Malice cause It may be not only anger and corrupt with nd used in the sense. motive. of a heart from any deliberate provocation includes attended indication without the word "malice"or is used in a technical from any wicked bent that to the law of homicide and unjustifiable mind and purpose, and deliberately the jury or implied. in them the plain able instructs regardless or excuse. and cruel act an as carry of social means a wrong act an duty done It may be inferred done without reason- ��COMMONWEALTH v. ROACH LL. INSTRUCTION The Court instructs deliberate intention prior and premeditated to kill to the actual some deliberation purpose should the jury killing, exist killing; z to constitute is not necessary for any particular it is only necessary and premeditation at the time of the killing l it that length that given by the accused a willful, that the of time there was to his or at any time previously. ��Commonwealth v. Leroy Roach INSTRUCTIONNO. The Court instructs this case does not raise against innocent remains thereof. the accused, him. enough, as in the trial slightest the trial No mere preponderance of a civil or speculation that beyond any reasonable and to the exclusion essential you must find case, and every and unless distinct of any reasonable not guilty. stage will be enough to be by the evidence against and by implication nor is it doubt, to be continues he may be supposed to the crime charged the defendant of guilt of the evidence by clear, in he is presumed presumption throughout Commonwealth has established element contrary and that the indictment presumption but the jury must be satisfied he is guilty evidence, that is to be presumed or taken against guilty, acts, with the accused by conjecture the jury but on the of· wrongful Nothing the that the and reliable doubt, every the accused, �r r �COMMONWEALTH v. ROACH INSTRUCTION In considering burden of proving Court instructs able" nor its reason, whether the guilt the jury and is not to be confused imaginable, conceivable In passing must limit of this case, therefrom. its a man must be proved proof essential concerning evidence, to find of evidence, from conflicting fact, of the guilt immaterial and nonessential your minds are left from reaching a convinced If, hand, sideration viction on the other of all the evidence of the truth reasonable doubt. nor of guilt. any doubt arising or from questionable fact and not a mere doubt 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, doubt, circumstances. of the guilt to meet its to create of the accused in such a state Commonwealth has failed to be drawn be a doubt of a material and honest belief the at the trial inferences in mind that testimony should a reasonable for of the charge, presented inferences should bear to the proof after doubt, beyond every of the proof go beyond such evidence the jury If, or possible and reasonable Furthermore, of any particular the word "reason- guilty to the evidence the natural cannot the doubt. consideration can you go beyond such evidence from lack with imaginable upon the sufficiency The jury doubt, doubt is a doubt which is founded on or possible including beyond reasonable you should not overlook A reasonable the law does not say that jury of the accused that meaning. or not the Commonwealth has met its and reasonable you have an abiding you are then satisfied con- con- beyond all ��COMMONWEALTH v. ROACH INSTRUCTION ( The Court instructs evidence is just provided the circumstances satisfy as legal the jury and just doubt. circumstantial as effective are of such character the minds of the jurors a reasonable that of the defendant's as any other, andfurce guilt as to beyond �l �COMMONWEALTH v. ROACH ff' IN TRUCTION The Court instructs grievous the killing or insulting, the jury that words, do not in any manner excuse of the deceased, John W. Shifflett, however or justify by the defendant. ��Commonwealth v. Leroy Roach INSTRUCTIONNO. If the that Lero, jury believe from the evidence Roach, the defendant, was assaulted without by John W. Shifflett , ,.. ;,,)~ 'v make it~appear to with the defendant in this case on his part fault such violence as to at the time that John W. and was endeavoring to take I Shifflett his manifestly life or do him some great was imminent retreat, force, intended and impending, but had the right and if or prevent necessary his that need be kill receiving it shall bodily then the defendant to stand his harm and that his adversary ground, the danger was not bound to repel to save his great bodily injuries. appear to the jury force with own life And it is not to have been necessary. ��COMMONWEALTH V. ROACH INSTRUCTION( The Court an altercation instructs of mutual and in order to justify the accused must prove wound was given, far as he could through the necessity himself from great ground his to believe own life combat, two things, safety; that where death further as done in self-defense, combat, the mortal and retreated and (2) That he killed his harm, or that the killing or to save himself follows is manslaughter, (1) That before of preserving bodily that the killing such killing he declined with the jury 0 own life there from great the deceased or to save was reasonable was necessary bodily as to preserve harm. �r- �COMMONWEALTH V. ROACH INSTRUCTION The Court to intend that instructs ;/ the jury that a man is taken (lA 1tAI which he does or which is the :bmfflediate~{t 1~te'\~(~consequence of his act. J ��COMMONWEALTH v. ROACH INSTRUCTION The Court instructs witnesses is a question appearance fying, their candor whereof they speak, parties,if and fairness, their the opportunity and from all the jury manner of testi- of their testimony, apparent intelligence of the witnesses of the witness other on the trial, witnesses are more worthy of credit surrounding of the circumstances to determine and what is the relative accordingly. to know to the in the result has the right and to give credit of and from the of the witnesses appearing of any such testimony their and consistency any, the interest the credibility for the jury; the relationship if any appear, that on the stand, the reasonableness or lack of intelligence, trial, exclusively of the witnesses apparent the jury which weight ��Commonwealth v. Leroy Roach INSTRUCTION NO. The Court instructs is that all state of the case which, the evidence, an abiding the evidence guilty after both for the state the mind of the jury feel the jury in the case, of the charge amounting that alleged a full that they of the defendant, Leroy Roach, as alleged then the Court instructs cannot leaves say they from If the jury of the jury of the guilt in the indictment, from all you that of Leroy Roach, is in the indictment. or if the conviction the defendant. consideration the defendant, does not amount to a moral certainty doubt to a moral certainty has such a doubt, the case, a reasonable and the defendant, in the condition conviction, that the evidence you should in acquit �r r �Commonwealth v. Leroy Roach INSTRUvTIONNO. The Court111in~tructs 1t1,r;. cl(> .,. be convicted o'l\. intended to kill the deceased, the j½.rry that ;; *r charged or maim or disable John W. Shifflett,in unless the defendant you believe or disfigure this case. cannot that permanently he ��Commonwealth v. Leroy Roach INSTRUCTION NO. The Court instructs reasonable may be guilty, his and find murder in the first him guilty they him guilty if they have reasonable doubt doubt degree as to whether +qr tr r if they have a II J as to whether or second degree, they should ~ ~ r/ O 'Ao resolve of which the that doubt of the lower grade. he is guilty If they have a ~easonable r shall in the second degree. or manslaughter, VO IL<n jury that doubt as to the grade of offense defendant favor the in To illustrate, he is guilty they of should find If they have reasonable of murder in the second degree find him guilty of manslaughter. doubt as to whether he is guilty of m nslaughter --0r>-s· s&auU, they should find him guilty of 11; ;,,0,luodn~ 1.>lnn../.'A:u +e~ s-i:fflp-Jie-a~li--1-t. If th y have reasonable doubt as to whether he be guilty at all, they must resolve defendant and acquit him. that doubt in favor of the �r, • r ,.., r, f � 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 Leroy Roach Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder, verdict of 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 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_003 Roach https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_004_commonwealth-v-leslie-cook.pdf de0dc157ccc023ff6a6aaff10ff66ff4 PDF Text Text ' ._ COO!~, LES IE I ����✓ (11~ ~ czr~ ✓~~; ~ ' ~- - ~ 1 ~~­ ~~- ~~~~~- .. / 5~~~~~~ 3 ~/4?~ - ��, V • t 1 11 d yon or oil • y I 00 in JAMES ATTORNEY R. SIPE AT LAW HARRISONBURG, VA. ~ ls Gl O D lf h. to �3Cfl8 .H 83MAL WA.J TA Ylll<SIOTTA .AV ,;\)SIUBHOelSIHAH �ld • th ol br b ha . o old, h of my JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. nwEn.11:: �- - WA.J TA Y:!lll!ROTTA .AV ,QRUBll!OelRA~.H �Comp. Form 18 l STATE OF VIRGINIA H TY OF ;O No. ______ To-Wit: _ r bur, ANY SHERIFF OR POLICE OFFICER: (J Whereas, has this day made complaint and information on oath before me, (Name) of the said Count , that _______________ _ (Title) unty ~ ont did oo/ the....:.,..._ih,.__ ___ .day of_~!In=n~--'-1r•~-------, 19 l These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the 1 County Court of the ".said_~e>ttnty, the body (bodies) of the above accused, to answer the said complaint and to be furthP.r dealt with according to law. And you are also directed to summon: color Address color Address --□ color Address D color Address ---□ color ____ Address --------------□ as witnesses. Given under my hand and seal, this.__ ,.,,_; ... t,.... t,.,.____day of___ u_-..;-r,.,.... .,..-~-r-l:zz--Plr-·---~----~ 2 'rntie of Issuing r, Officer) (Seal) �STATE OF VIRGINIA-COUNTY OF _________________ I, a _ Judsc of the County Court Justice of the Peace to-wit: in and for the County aforesaid, State of Virginia, do certify that and --------------------------~ to the Commonwealth ($,________ as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of-------------------------------------- ), to be made and levied of their respective goods and chattels, land5, and tenement~ to the use of the Commonwealth to Circuit be rendered, yet ujl!on this condition: That the said _____________ _ Court ----, shall appear before the County of ______________________ _ County, on the _________ day of ______________ ~ 19___ , at ------M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that days the said --------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ day of ________________ , 19__ _ Judge. J.P. ..., ("') s· 0 >-:l ~ U) n, ;. t'I1 n, X "'C n 'O n s::: n, "o I;::, ~ c.. n, ;. Q. ... !::. < !" ;;; n, ::r __ in· n, ;. >4 >- (') :::0 :::0 n, "' 3 t, 0 ~ 5· ~ t;,:J (') :> 1-j 0 z>-:l ts: z ts: p 0 ..., z0 ~ 5· ::, s, ;. n, >- ~ :::0 :::0 t'I1 u, >-:l ~- ;. t;,:J > t" 1-j 0:: ::, n ::r ... PJ llQ _,. .... ::h ::, - r s, c.. ("') ➔ ... e. ..., 5· ... 0 >-:l ~ ~ 0 ("') 0 ~ 3 9 0 ::, ~ ... !!!. ;. U) :!' 0 .., ::, ... '< u, s::: 3 3 ~ ;n, .._ ~ ..., ... .. .. ~ ~ .. ... ; ..-.. ... .. 0 ::, "' 5· ;:. .... ;>I" a:: :> .., .., ;:. ... ... PJ llQ n, U) to ~ >-:l .., E ~ s::: c.. .... "' 0. n, '-< ~ 'O .... ;J n, ::, i:,,. i:,,. 8.. < ;;· < ;;- llQ llQ 5· 0 Pl 5· n, _i;;· F !::. ~ ~ '< a, 'O 'O n, Pl .... 0- ..... " ... 0 s, 0 ::, n PJ ::, ::, OIi n, n, ("') n, 0. Ein, n, ..., ::r n, ..... g_ n 0 :!! ., 0 ➔ fl> i'?s· (IQ 0 ::, ~ Ei,.. ::.· :!! ::.· ::, n, "' "' U) n, ("') 0 s::: \0 l :!! ;::. n,.... n, ..... n,., 0 ("') n 0 0 s::: ::, llQ ~ c.. ... ::, ;:.· n, �Comp. Form 18 No. _____ _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, --------'~'"""_.:..o:.~L~. n,...,,1§...._ ______ _ (Name) "'t of the said Countyr tha..________________ _ La .. nty 19 •mntity C These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the • ., nr 1r. County Court of th. s ict~ ounty, the body 1 bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color Address ----------------1 color Address ___ color Address ______________ color Addt·ess ----------------□ color Address --------------- □ _ _, ·---□ _ □ as witnesses. (Seal) �STATE OF-----------------~ OF VIRGINIA-COUNTY I. -------------------- a to-wit: Judge of the County Court Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that as his suret _____ and--------------------------~ to the Commonwealth ($ ________ ), , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of -----------------------------------to be made and levied of their respective goods and chattels, be:-rendered, yet upon this condition: That the said ______________ _ County, on the ______ of land~, and tenements ----, _ to the use of the Commonwealth to Circuit Court shall appear before the County day of ______________ ~ 19___ , ;.t _______ M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said --------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ day of ________________ , 19__ _..ays _ Judge. J. P. ;. ,. [rj X "%1 s· ,. "' ..., ... "' ., C n 'O "o ~::, ~ Po ... ('") 0 n, n ~ -;; ,. ~ < C Po ;. ,.::r ,. iii. o· ::, "%1 ~ > ~ ::, ::,-, ::, t_:tj ..., ~- 0 z ~ ~ ~ [rj Ul ;. ,. .... .., 0 z..., a: a: pz 0 ~ .,::r ., ~ l%j n ► 5· 11<1 _,. n ~ 3 n 0 > ~ ;. ,.. ., >t t, ~ > t"' .., :i:: ..... r 0. .,, s· ➔ ,. ('") 0 3 >-:I 3 0 ~ 3 0 ::, ~ ::, ~ ~ ~ "' s· OIi s- ~ 0 E en C 3 ,. e. :!" ,.5' 0 ... ,."' ::, ,. ~ .... ~ ...... ~ .,, ,.,. .. .. ~,. .. .. ,. ... Ei ,. ('") ;:. !( ;:. ... ., ;,;- ,. 11<1 > ., ,.... !! t!l ~ ..., ., E ~ ., 0. 5. ,. '< ~ "O ::, ., ,. :, Q,, < :;· a· ~ ., 11<1 11<1 ~- F ~ ~ .,0 .,, ., ... a· "O "O O"' ..... n, '< to 0 ... 0 ~ p n ~ ~ Q,, :, ., ,::: ., ., ., rt 0. ;. ,. ..., ::r "..... g_ 0 0 0 s· g g OQ QO Ill) ➔ Cl) ... ::r ,. ~ ::.· ! . s ,. ,."'"' ('") 0 C: -0 l ~ ('") 0 C ::, g "' ... ~.., .... ,. 0 .., ,. n - n, 0 OQ ::, ;:;· ,. 0. �Comp. Form 18 No. _____ _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, (Title) i . .., of the said . y ~.tY, tha~--------------- rt. did onphe ___ !_l__ 19~: day ofL-------=-"'------- Unlawfully_~a-n_:l_f_o_lon __ a,=0=11=,•l..,_t_ 0 to These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the furthP.r dealt with according to law. And you are also directed to summon: color ____ Address color Address ---□ color ____ Address ---□ color ___ color ____ Address Address ---------------□ as witnesses. Given under my hand and seal, this _ _,l=fi"-==------'day of__ ~-~~-----,,,,-----~ ;J: (Seal) �STATE OF-------------------, OF VIRGINIA-COUNTY I. a to-wit: Judge of the County Court Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that and ---------------------------, to the Commonwealth ($.________ bt- rendered, as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of -------------------------------------- ), to be made and levied of their respective goods and chattels, yet upon this condition: That the said _____________ land5, and tenements to the use of the Commonwealth to Circuit Court -, shall appear before the County day of _____________ _, 19__ , _ County, on the ______ _ of-----------------------at _______ M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed (If or until it is declared void by order of a competent court; and upon the further condition that the said --------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ day of ________________ 19__ days _ Judge. J. P. ..., ~ (") 0 ~ ;. ... 'Tl Ei" ... t'?'.I ... >4 SO>C:: (') "' 1;;::, ... o. ... :r ... "0. ~ < s. (') "O (') 0 !" ;. ;;;· ... n ► ;. " t.1 9 ::r !! ,;- ti 0 ~ ::0 ::0 >z..., :::, 0 >- ;. ::0 ::0 ... Ul t-'l ;. :r .., so, oq ... _ .... ::t> :::, p z z ~ > t"' >-i :::i: 5· n 3: ~ t1' t>'l ~- 0 t1' >-i 0 '7j £. ~ n .... r ., a. '< c.. n0 :.?1~~ ::I ... ➔ ... ... ~ 0 ~ ~ ~ "' 9 90 ::, ~ ... ~ ;. :! 0 .., ... ::, Yr i:: 9 9 0 ::, 5· oq ~ ;... .. .. ... ~ ;... .. "' ._. ~ ... ... '7j ... ::, > ... 0. ... ::, 0. so, ::, ... n ..°'... n;, .., ;,;- .,. .., ~ .., ... ;, "' ... ~ oq ~ >-, .., E ~ .., "' .., '< "O n, ::, ~ £. < :;· < :;· oq llQ .F .F 5· ~ '< 0 0. c.. 0. n, .., "' ... ::, ., C: ci "' 5· "O .,.., "O n, ., ... ... er n, .., ... ..., ,.;. :r,. 0 £, • ~ ... £. '< 0 0 ~ 0 s· if ~- r,o oq ➔ u, ~ ;.: ;,. "' "' ... (") 0 "' .., ~,. .., ... ... 0 .., ... i:: '° l (") 0 i:: ::, ~ - (') C oq ::, ;:.· ... a. �Comp. Form 18 No. _____ _ 0 ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, ---------'==-=~~="'------- ,;:,tr (Name) of the said ~B&S,tY, tha~-------------- (Title) ...)- _______________________________________ ) ,:-1 .:., • in t_hesai<;lCounty "I. , did on/he_~l~1.,~_day of___ ~Doc~~~.£_ ______ , 19__ : Unlawfully_~~~~~~~":.Z__ I l These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the .~ . County Court of tbe~_County, the body ( . ..,·es) of the above accused, to answer the said complaint and to be furthF.r dealt with according to law. And you are also directed to summon: color Address color Address □ color Address □ color Address □ color Address □ as witnesses. Given under my hand and seal, this 1 ..t. 1 day of_u._--;;!"-" ..........,.,., ...?~1o,.,,1-~--,..-c,;., ___ ~., of lssu.ing Officer) __, {Seal) �STATE OF VIRGINIA-COUNTY OF _________________ I, -------------------- a _ Judge of the County Court Justice of the Peace to-wit: in and for the County aforesaid, State of Virginia, do certify that and ---------------------------, to the Commonwealth ($ ________ ), as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of -------------------------------------to be made and levied of their respective goods and chattels, he rendered, yet upon this condition: That the said ______________ of _ County, on the ______ land5, and tenements to the use of the Commonwealth to Circuit Court shall appear before the County day oi ______________ _, 19___ , ----, _ at ------M., at ----------------,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said --------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constirute a waiver of trial by jury. Given under my hand, this _______ _ day of _______________ ~ 19__ days _ Judge. () 0 t-3 0 ~ "' ;. ... ~c n 'O no ~::, ... o. ... ::r ... ... t 'Ij ::r ... E J. P. t'?1 >< ... n ~ ... < ~ 0.. ;. .;· > ~ ;. ... 3 5· !! t1 0 ~ n ~ n z> 0 0 0 z 'Ij ~ > ;. ~ ~ ~ ... t:rj t'?1 l::r t:rj ➔ a:: z a: p t-3 o· ::, X (fJ >-'l ::, > t"' ➔ :::i: n ::r .., _... ~ IJQ .... ::n ::, 0.. () 0 'Ij 5· t-3 0 E ... t-3 S?. ~ (") 0 ... "' "' 3 90 ::, ~ ... ~ ;. (fJ i:: 3 9 0 ::, 5· IJQ ~ ~ ;... .. ~ ... ... .._ t .., ... ... II' () ;:...., :,,;- a:: >.,... ii' ... ... ~ ~ IJQ b:l ~ t-3 ... ~ ~ ., .., ..., ., - 0. 0. '< .., "' a ... 'O ::, ~ ::, 0.. ~ 0 ...... < :;· < :;· IJQ OQ ju" F 5· ~ '< :, 0.. ,,. 2.,a, ; :, :!" ... ... 0. 0 ..., ... ::, ... '< .. C 0 ~ 5· 'O 'O ... ..., ~ ... ~ er ... ... ..., ;. ::r ... ... 0 ..., ~ (> -&t g_ n 0 .,, ~ 0 ➔ flJ ... 5· {;' 0 OQ g ::;.· 5 0 ::, ... ,.::r ~ !. ;... ..... "' () 0 i:: ..., ... - 0 (j 0 i:: ::, ~ "' ~ ... ..., ... .., ... n 0 OQ ::, ,r ... 0. �Comp. Form 18 No. _____ _ _____ _ 0 ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, ----------=-="-"-=c__::~~k=--o· iW (Name) of the said Couety, tha~--------------- (Title) ·t did onfthe __ •_=·'1~_day of . ,., :,.. ,, in tlie s2rcfC6unty ______ J. .. U'~J:"7 .oo These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the furtht>r dealt with according to law. And you are also directed to summon: color Address color Address □ color Address □ color Address □ color Address □ as witnesses. Given under my hand and seal, this 1i th (Seal) (Title .... of Issuing Officer) �ST ATE OF VIRGINIA-COUNTY OF to-wit: I. a Judse of the County Court Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that and --------------------------~ to the Commonwealth ($ ________ as his sure\ _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of-------------------------------------- ), to be made and levied of their respective goods and chattels, land5, and tenement!' to the use of the Commonwealth to Circuit , shall appear before the Court County day of ______________ ~ 19___ , he rendered, yet upon this condition: That the said ______________________ County, on the ______ of------------------------ _ at ------M., at _______________ _,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said shall keep the peace and be of good behavior for a period of from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this day of ays ,19 ___ Judge. ;. ,. "1 () ➔ a~ t?l ,.r, X "'c::: r, 'O n o s· ,. 0 ~ < !" .,. C ~::, a. a. .... ::r ;. ,. "' ,. .;;· ,. > :::0 :::0 3 zf-j> s· o· :, ~ 0 !:?, "1 ;. :::0 :::0 ... r l::r I ::r .,"' OQ _,.. .... 0 '%2 ➔ 0 E ,.s· ➔ a ~ () 0 ~ "' 3 3 0 ::, ~ Ul C 3 3 0 ::, Er n DIii ;. ~ e. ~ 0.., ,. ::, '-4 ~ ;,.. t .. .. ~ ,. "' ,.n"1 () ;:;.., ;>I'" ~ ;. "' n (IQ > .., .., ,.. .... "' to ~ >i .., E ~ .,.,"' "' ~ 0. ::, I ~ Pl t:rJ ., t"" ::z: a. "' ::,, '< a. 8.. ,.. :, 'O a. g, '< a. 8.. < :;· < ::;· llQ llQ F' F' .... "' 5· e ~ tit i... a:: p 0 z '° C ::, 0 a:: z ,_ i5.. '<"' ,.. .., 0. ::, ,.s- ,.n"' ,. .... .._ ~ ., t:rJ (") > Ul f-j :, () (') > 5· r, tl 0 ~ ;. ,. tt ~ J. P. 0 "' ""' .., 5· 'O 'O ,.. C7" 0 .., ... ,.;. ➔ ::r "' - g_ n 0 0 .,, ~ oil:: ➔ Q D. s· 5~ ~ ;:.· ~;,. ,."'"' OQ 0 Cl} ::, ;. ,.. n 0 ., C -I '° l .. ~ ., (I ... .... ,..., r, ... 0 () 0 C ::, ... ::< 0 (IQ :, ,.;::;· a. ��\ �����My name is Leslie Cook. My address is Star Route, I am 15 years of age. Born - December 29, 19950 Hinton, Va. I have been told that I need not make this statement unless I desire to do so; that everything I say must be of my own freewill, and that anything I say can be and will be used against me in a criminal prosecution. I have also been told that I am entitled to counsel. Nevertheless, I do make the following statement voluntarily this 19th day of January, 1961, in the office of the CommonwEB.th's Attorney, Court House, Harrisonburg, Virginia, in the presence of the Commonwealth's Attorney James R. Sipe and Deputy Sheriffs T. L. Martin and Go Mo Wilcox. About December 31, 1960, Nelson Ringgold and myself broke into the Mt. Clinton schoolhouse. I believe it was somewhere around 9:00 or 10:00 at night when we broke into this building. We were riding in Stanley Ringgold's car that night and Nelson Ringgold was driving. We broke into the building by breaking a window located in the basement door and then reaching inside and unlocking the door. After we got in the bu:iliing we took some chocolate milk from the refrigerator, softballs, softball bats and two jackets. We found these jackets and balls and bats in a closet next to the principal's office. I have one of the softball's and softball bats at my house and I burnt up one jadet . Nelson Ringgold took the other jacket and one softball and one bat. I don't know what he has done with them. A little over a week ago, a proximately January 8, 1961, Alton May, Gerald Sharp, Mickey Minnick, Russell Rhinehart, Jessie Via, Richard Hendricks and myself went to Galen Gupp's service station sometime early that night. We were in Alton May's car. Alton May and Mickey Minnick stayed in the car and drove up the road and waited for us. The rest of us got out of the car at Cupp's service station. Jessie Via and myself broke into the service station by breaking a window on the side of the building and crawling into the building and then breaking a door inside the building. Gerald Sb~rp, Richard Hendrick and Russell Rhinehart stayed outside and kept a lookout for us and after we got something inside we handed it out the window to them. We got some cigarettes, bologna, bread, candy, soft drinks and some money. We then got in the car and divided up the loot. After we broke into Cupp's service station we later went to the Montezuma Garage. All of us were there except Mickey Minnick who we had taken home. Gerald Sharp and myself broke into the garage using a skeleton key on the back door. The others stayed in the car and kept a lookout for us and after we took some 022 shells, shotgun shells, a quart of oil and some money, we took it back to the car and we divided this. About the middle of November, 1960, Gerald Sharp and myself broke into a cabin towards Rawley which is owned by Dennis Trobaugh. We walked nhere from my home and broke a window to gain entrance to the cabin. We took some candy and some knives from the cabin. I tlirew • the knives away latter. Rhinehart, Sometime about November 8, 1960, Nelson Ringgold, Russell Gerald Sharp and myself broke into Glen Eavers grocery store. �, .. ' ,, C - ' �- 2 - I was driving Stanley Ringgold's car. Nelson Ringgold, Russell Rhinehart and G~rald Sharp broke into this store while I drove the car on up the road. I came back and picked them up and I know they had some change with them that they had taken from the store. Montevideo. therein I have also tried to break in a service station at Nelson Ringgold was with me and we could not get in. I have read the above statement and the facts stated are true and correct to the best of my knowledge. WITNESS: �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Leslie Cook Subject The topic of the resource Breaking and Entering Description An account of the resource Defendant charged with breaking and entering (note: physical key, charged as juvenile) Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1961 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_004 Cook https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_002_commonwealth-v-lester-glen-funkhouser.pdf 403ae3f6a4aece333e835ae0a06671f2 PDF Text Text G. H. Parent Co. Ashland, Va, F orm N 777 o. ~:::_o~_::::_t:f In the :: ::g::;::,. Circuit l --------------· Court of said to-wit: October county The grand jurors of the Commonwealth of Virginia, in and for the body of the Rockingham , now attending the Circuit Term, r9 53 County Court of the said of county LESTERGLENFUNKHOUSER upon their oath present that , or about first within twelve months prior to .the finding of this indictment, to-wit, onfoie July , in the year one thousand nine hundred and said county, did , feloniously kill and slay Paul three fifty Hayden day of and in the Keller, against the peace and dignity of the Commonwealth of Virginia. Upon the evidence of Trooper J. C. Hash, Alston Mongold, Roadcap witnesses sworn in open Court and sent to the grand jury to give evidence. and John Grover �~ INDICTMENT FOR A 1i i i FELONY COMMONWEALTH vs. i ~ ,Z...I Foreman. , r.7/?J LESTER FUNKHOU_SER ----------GLEN _______ .,.____ ____ - _ QJ~ILL -------'--1:_--~--- George D. Conrad Commonwealth's Attorney �Docket No. II ; d( JJ Jg·; . I COMMONWEALTH of VIRGINIA ) vs. ) Fel. (inv. mans.) ) LESTERGLENFUNKHOUSER .- Lawrence , Own H. Hoover (x ) Appointed 'f--J;(J.~ ( ) •. CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. ��COMMONWEAL TH OF VIRGINIA DEPARTMENT OF HEALTH OFFICE OF THE CHIEF MEDICAL EXAMINER RICHMOND, VIRGINIA ; LABORATORY NAME LESTER GL Medical Examiner r. J. C. Hash BY: DATE RECEIVED: 7/2/53 P. o. Box87 RESULTS: Volatile Poisons: Alcohols REPORT Blood (10 cc) for alcohol Material submitted: SUBMITTED UNKHOUS Report Harrisonburg, V • Acid-Ether Soluble Poisons: Blood: 0.02% alcohol Barbiturates Phenol Antipyrine Chloral Acetanilide Cyanide Salicylates Phosphorus Other Other Alkaline-Ether Soluble Poisons: Ammonia-Ether-Chloroform Soluble Poisons: Atropine Morphine Cocaine Theo bromine Codeine Apomorphine Quinine Other Metallic Poisons: Arsenic Strychnine Other Gases: Antimony Carbon Monoxide Bismuth Other Mercury Special Procedures: Other This is a negli ·ble aunt of alcohol. A COPYTESTE: -13-~------- Ghe~fffrey T. ann, M. D. , LL-~C ie Medical Examiner CME FORM No, 11-Reviaed 7-5i /s/ Sidney luJre Toxicologist Sidney Keye ��5. P. 82 .. REV, DEPARTMENT OF STATE POLICE /2ae k/v6 /1'A/ 1-ti-!53 to answer for violating the Motor Vehicle Laws of Virginia, to-wit: Reckless Driving I B 7-- 396301J /-.I Dat e----'----~~------ D VOJ.. LIIV Improper I hereby promise to appear at the time and place specified above offense. Failure to comply with this summons constitutes a separate (Defendant's Signature) ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT JURISDICTION, COUNTY, CITY NAME OR TOWN OF COURT DAT&: PENALTY IMPOSED APPEAL TAKEN ONo DYES IF DEFENDANT ING- CONVICTED OF SPEED- SPEED LICENSE SIGNATURE OF JUDGE OR CLERK SUSPENDED □ ; led by the Judge or the Clerk of the Court having Jurisdiction s required by Section 46-414 of the Code of Virginia of 1950. SPEED ZONE MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDING- This abstract TRAVELED I TITLE YES MPH PERIOD □ I NO DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fasi for conditions Following too closely Did not yield right of way Failed to signal tum or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �APA-104 JP-50M-11-51 0FFICIAL RECEIPT FOR CASH DEPOSIT IN LIEU OF RECOGNIZANCE F RECEIVED OF BEFORE ��~~ ~ S. P. 82 • REV. DEPARTMENT OF STATEPOLICE t-6-!!i3 ~ County or City ________________________ M~~-------'---=--'--......_ __ (Defendant's ~ I n 1 hereby promise to appear v are hereby summonsed to appear J I /i I , at the time and place specified above / / 1,I ,r I ; ° µ / /Lf / _ ' o'clock.!__M. Operators 1 . N Chauffeurs icense Exceeding Speed Limit □ D Reckless Driving /_________ before: o,._f -"--''-'---'--'--'---'--~P'----------•O•~n-,1/~----'--~----------crt f_____ lo answer for violating the Motor Vehicle Laws of Virginia, to-wit: mproper Date _ _.:.__ _ -.J./'--------=L"---'/'-L/_-'-~---=---'='-'---You Trial Justice __________________ B__...3'-""'-'9 611<..-"'<3 ____ 0 l ___ D □ 1~ummons required under Title 46---Section 193, Code of Virginia. Failure to comply with this summons constitutes a separate offense. I Signature) ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ~ ADDRESS , 5. / CITY , / ~ I HEIGHT FT/ STATE / ✓ JURISDICTION 1 COUNTY, CITY NAME OR TOWN _,1/. OF COURT I PLEA s-r;T; / HAIR /1 □ GUILTY □ :~~LTY PENALTY I CONVICTED DATE OF I APPEAL IMPOSED I I I WEIGHT IN. /.) POLICE 'V / \Zh~lI/, 7-:RC")i/lrr srA I, I,, \Jt rl I I /I/ SEX R;c; / I A/L . 00 LICENSE PLATE NO. STAT.E { ,,,,,, ~ SHIELD /;/,"'.•·"- NO. .. "'K" ' Judge or the Clerk of thei-· Court having jurisdiction This abstractJililed by the of this case as required by Section 46-414 of the Code of Virginia of 1950. - IF DEFENDANT ING- CONVICTED TRAVELED SPEED OF JUDGE OR CLERK LICENSE SUSPENDED □ I TITLE YES □ No ZONE MPH MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDINGSIGNATURE SPEED OF SPEED- TAKEN OvEs PERIOD SUSPENDED □ NO I DATE J �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Following too closely Did not yield right of way Failed to signal tum or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �CQ.'llp. Form 18-A No.,______ To-Wit: TO ANY SHERIFF Whereas, OR POL #- C. OFFICER: 4/44A has this day made complaint ~nformation ' ~ J~ (Title)/}j/ on oath before me, /J ~ ~~ Gd;- of the said ~' /) ~ ~ I :__ _ -;4 ~ d? (Name) thatL---------"7"T"-------,-- Gv-m-~<() ~-4d~ 19_n: .;;;i:(.~~---, Unlawfully 0 7JI'T in ~ty ~./ / 4£~ ~,;1d - • These are, therefo~o Trial Justice Court of 1mr7md you, in the name of the Commonwealth, to apprehend and bring before the ~ to be further dealt with according to law. the body (11i'ffltcos) of the above accused, to answer the said complaint and And you are also directed to summon .) ~..cc.1..,.l~l~~~--+-~~~~~~--'-"_,.,.,{ color _L..}v~-color ___ _ color ___ _ Address ---------------□ color ___ _ Address ---------------□ color ___ _ Address ---------------□ as witnesses. Given under my hand and seal, this,_---'/'---( Seal) �OF VIRGINIA-COUNTY STATE O"'--------------------. I,-------------------- a that ______________ to-wit: Trial Justice Justice of the Peace in and for the County aforesaid, _ as his sure'------. and--------------------------~ to the Commonwealth ________ have this day each acknowledged themselves of Virginia in the sum of ____________________________________ yet upon this condition: That the said __________________ day Dollars to the use of the Commonwealth . Circui_t Trial Justice _, shall appear before the County, on the ________ of ----------------------- indebted _ ), to be made and levied of their respective goods and chattels, lands, and tenements be rendered, State of Virginia, do certify to Court o~--------------, 19-, at -----M., at:-----------------• Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that shall keep the peace and be of good behavior for a period o~--------days the said-:---:---:---------------from the date hereof. Given under my hand, this ________ day of ________________ _ 19__ _ --------------T. ]., J.P. tI1 ~ .. 0 •... >< n "' ~ ('"l s. ~ \ ;:t .. t'I ~ ~ !" "' i:i. ;. t:1 0 t'I t'I ("') ... >< ...... ~ ' ;s:: 9 - 0 0 z :s ;. t'I t.:i:.1 > r- ,, ~- ;. 5· ~ I ~ 'T1 >--3 "' E s· >--3 0 E 3 3 0 0 ::, :ll "' ~ (i 0 ;. ~ r.n C: 3 a0 ::, s· ;)q ~ :!' s "' "' "' 0 .., ::, "' '< ~ ; "' "' "' > "' ::, 0. ::, "' ("') (1) '--< (i ~ ;;.., :,;- 'T1 rt> "' ~ ;;l)J oq > .., ., "' ~ l:O ~ ~ E ~ .,., "' ., "' ::, l)J ::, i:i. - 'O ::, "' ~ Cl.. "' '< - 0 < :;· OQ •-· ::, p· l)J '< l:O .... ~ 0 C: ::, l)J "' "' '< Cl.. < :;· s· F 0 oq "' 'O 'O "' ., er "' 0 l)J - ~ ., .... 0 0 .., l)J "' ;. Cl.. "' "' "' .., s:: tll 0 ::, 0 tll " ~ \ ~ ~\ .. .... C, () \ \ >--3 ., [ 0 g "'-· ;:;· "' (i 0 ~ ...... \0 l ~::, -C: 0 C: ., 0 ::,(1) '-l=r "" -If> ..., "' E(j ;. .. ::i:: ~;\ ~~ i:i. ("') ~ .. z ~ ;:t r 0 t.:i:.1 0 5- b (i .., ("') ?! ~ "" ~ 3 5· (i 0 C: ::, g OQ ~5' (1) "' "' "' :ll ., "' t'I .. .., t'I n 0 Oq ::, ;:;· "' i:i. �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: anded, in the name of the Commonwealth to appear before the Trial Justice Court of said County, sitting -----.k-/_:tt._day of ~ , 19il_, of Virginia to summon _________ at Harrisonburg, at the hour of Virginia, :J.-. /Jj;..____ in said _ County, of that day to give evidence in behalf of...,Q.....,.•~i.-•---'--r_'4,._ ________________________________ in the pending _ case of _C:.._..,ti._ ......z!L""---------'---:------'-::-----'-------------------- ~ Subs. Clerk 7-52-SM-Garrison on �" .......... ~ !-,o.- . I I I .... :,;' p z 0 - _,., .,,(,A/• (,/l r r.J and explai~i .,._. ,, t'. H,y:J a ,, h c:,_ a memoer of urp_Qrt_;thW-80' r,£ le¥#' -by delivering :+ r:: Q 0 r:: rn .... ;:;· e. ~ 1--3 ::i. ......., oemg ······--··t9J:4L!! ..._n!'::tes C/:' :p. 1 f\ f~b ·~-i?._'?L_S J 1.1~al place of ab0f1~!~.7J.£~.J._~~ his fami1y above the age of 16 years, tace of abo<:te, Executed ( t ~ b ~~ ::s p, 0 0 ',:) r:: er (fJ (/l (/l 0 ::s ~ .... :< �12636 A Report of Witnesses for the Commonwealth Month Whose mileage and attendance of August were not collected by the Trial Justice before the end of said month. _.., Porte~rf B{ WITNESSES Lester Glen Funkhouser Com. vs. John Grover Roadcap 1. Fel. Pro. or Misd. Days ! raves X,-AJ' u.t,r- Attendance , Trial Justice. ;&i.erk Miles Mileage Total Fel Date 8-2 ~ 1 .so 18 .90 1.40 2. 3. 4. 5. 6. Com. vs. 1. 2. 3. 4. 5. 6. All witnesses all necessary grand jury. f erriage summoned for the Commonwealth shall be entitled to receive for each day's attendance and tolls, and five cents per mile over five miles going and returning ( Sec. 3512) fifty cents, to place of trial or before ��Commonwealth of Virginia: . To the Sheriff of Rockingham County, Greeting: John _Grover Roadcap, Alston Mongold,. You are hereby commanded to summon ..................... .................................................................................... .....~P.-.~...r!; ~ ~.P.~.t ...:!..~ ....9..•.... ~.~.~?............................................................................ . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the ..19.tlilay of......O~J;_qJJ.~.r ............................................................. ?~, 19 ... to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ..................... . v. LESTERGLENFUNKHOUSER who stands charged with a felony ~nior. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ~~~,C~~ at the day of. ...0~.1;;.<?.1:?.~r. ............ 19. !3.~., and in the ...J'.!.f3_1i?.-. THE SERVICB PRESS, HARRISONBURG, VA. ... l-.2..°tiP. ........ . �r ,.,,,,Nottlndln~ m ~ 0 I r/.l ~ ~ @ 'Cl H c.? H (I) t'l ~ 0 1 - In < ;r, ,(dtc&m s• .p al • al ti) 0 --r-1 •• 11)0 0'>0 rl O') r-1 P=-1 ~ (I) H (I) ,-l t!,:, 0 0 ~, .p.g (I) .p Ol (I) H / A#• • >~ ~ +,,,'>1>,:; 4 V,£4«4 t:2. ,,,,c f"~Of:fjft¢ /,t"C ,,'Zc(Y>J Arte ~, , by at hll UILII, dellvorrn«a a '-" at his u,11.a• by dellver1n« Cc?fftR <:2: .qC , ,df.,,,f&aesta4-t-~i2e...- I &XECUTEI)(~/4¼S~ IN THE COUNTY Or ROCKINGHAM BY DELIVERINGA TRUE COPY0 TO 11aJplace of ~!!,>-;f"-«t above the age, of U 1 famil¥ -n her. ,.d .p r-1 C\l Q) :,.. a 0 ..--... • m > 0 u 1g~ plac~ of abode, Executed true copy of thi~--- ,..~. hA,. \lSUal place of aboq~&::t"" his family above ·I') �OFFICE OF THE CLERK OF THB COURT c. A. e. No.• /7) E--4 ~ Received of.U-~~ For he account S ~ ~:R~~;:;:;~-~~.~.~~-·----~-----Y.f-_._, 19!.}N<! 10795 ....7:::.. .... ··,"G!.z!-::ttdd:~?.:sL .... ~, -----··-·--~~-·-·· .................-;,1'----· ....._,.,,····-··········-··-·········· ···-·-~.CJ_ ~ a ~=;r;=::=;::;::==========='==========I g ~ 1__ ~ ··································....... .. ··-· ............ I -4;._,J,L~~~~Q&~~~~:=:=-- 1-----------------1---1+ _ .......................... . .'0£J ................. _ ....................... Dollars 1-- AooouNT I AMOUNT �·-·-----·-------=- I -------'I-'ll_'_OO __ Hlfi ___ '>I_O_ll __ lilLI __ ')_IDJT __ Y1 Yl' O:J Geto . ~ ~_O_fO_N_'if_O ____ ')YJDIOOU .v.t: vi •JI I ~I ,- --•-.oH--.1.-.0--. oa_------=· TY.VOMA I fflO 1--1 --=-0 • ....,.,,, •• ~===~~~~=d ""',0 --=-• •I - i ; ~ 0 --t ---··· -,--,·-l --~-. i,~, ·, \ltq,(l ,__________ ,_____ - .. •- ......... ,_.,. I I ..;;..;=;...;;;.=='-.l.---------_;..--------------------------....:..-...l �TRIAL JUSTICE Criminal Docket COURT N~ 12636 A Com'th V. ~'~-~~ c.J_'a~ r~-?, ~I s ;t-Q.1 11 Appearance Date C~o'l/ /~ o=. / - ,:2 j - ~-j Trial Date _,,,,,,...,. r"/,- I' -,.2-?- ~ ~ <r<> j__t(fn �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Lester Glen Funkhouser Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1953 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_017_002 Funkhouser https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_013_004_commonwealth-v-lester-locker-and-carl-turner.pdf 5fd5f770d69c14ee82c38ab844142fb9 PDF Text Text LA"'" D. OI•'l"ICJ,:S "\V AMPLER HARRISONBURG, COMMONWEALTH'S EARMA~ VA, ATTORNEY 1"-KF: N r- t? o .,,,_ 11,,'( ~Ii.~- L DfE'l?S ,He 1)£(!., f.J "IJ 7 oF /,t,,/fJJ: ��LA,\. Ol'FICU:S D. "\-VAMPLER HARRISONBURG, COMMONWEALTH'S EAU.MA~ VA, ATTORNEY I {-: -1. ��• 1··. ... .:l ,{ �0-..,,,t' 1o VJ/\./lit. .-i --'U,, J9cIr Jj.., �" I I l I ) �~rvN12~7f✓A hi N ~ n .r:;_9., J'IqJG • �.. --- ���IV tJ,- ~ r:iI • l1J6 'L ✓- I ���I I ! I I I I I ~ l I I ; \ I I !· I 1 > ! 1 . ~i I i I )1 I \ 11 , I I 'I j (i I I I il:\.i I I ' ! : ,• I I I ·, I ll \ i: I I I ��who stands charged with and ind cted for a felony--mis-demrmmrr. th,,-,~;: ::t. • ~ WUnm, ]. ~RT day of····-~--- •••• •• _,h,,ll not omit und" pmolty of £100. SWITZER, C/,,-k of ou, «idr:l!! J. ,t th, Cou,t Hm«,, th, ... :........ 19.2.G, and in the 1GJP. =1:;fr of the Com7nwealt')_ .I.}~~ THE And h,v, th~ SERVICE PRESS, HARRISONBURG, VA. No. 457 Ji ..... , ) Clerk �l.) ?') P; ?') 0 +'• ~p:; P; Q) q 0 Q) ~ H +' • 1..!) I I n I <D :~ I I N ~ rQ �to appear before the Judge of the Cfrc1~it;f?urt J..4;:t;t:.day at 9:30 o'clock, a. rn., on the .... say in behalf of the Defen'!a1}!}in of Rockingham J;;o~nty, at the Court House thereof, ~.k.:tf/.. of. .... . 19 j{Jo testify and the truth to the r._osec1tfio.!:13fthe Commonwealth against .. ············································~·····6.~ ....................... . who stands chargpd with and i dieted for a felony rnisderneannr_ And this..... . .. ......... ..................... shall not ornit under penalty of £100. And have then and ~~~ ~~ W#n,><, /. ROBERT SWITZER, Clffk of ou, ,~,t, day of. ... ~ ...... . 19 2Vi{nd in the .. / 1 bo ,t th, C=,t ye~/ Hou«, th,. the Commonwealph, ; ;(' ~ ~ ,, /L~~'~lerk {, THE SERVICE PRESS, HARRISONBURG, VA. FORM NO. 5 �Executed February 20, 1936 by delivering a true copy of the with summons to the following: Edctrd Jones, Herman Dofflemyer, r.:rs. Iv:amie He is ton, IDias. Himler, rrhos. D. Dofflemyer, Homer Alger, 1/Iorton Dof flemyer, Luther Davis, W. T. Shiplett, in person. _df 11/_~-Deputy For ~ i K r " J. Vi. Bazzle, S. rl. ~ C. ~i ~, �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to mmmon ...... ::::::::::::::::::::::-::::::::::::::::::::::::::::::::::::::~:::~::::2 who stands charged with and indicted for a felony mi&de11,e,mor. And this -~·-············ . ..shall not omit under penalty of £100. there this Writ. Witness, d,yof. THE µ_J • J. ROBERT ~~ SEllVICE And have then and PRESS, SWIT_ZER, Clerk of our said.;:J)rt, at the Court House, the 1,26,m,dmth, HARRISONBURG, VA. I J .. . /h:;:~~ C/?,k FORM NO. 5 �tn s. Executed by aetvingi·~-l}- a copy of the within Summon This 26th Da,isf Fe?ruary 1936. L. Wa.lton, in pGrson. 1 By g~-.dl7r-._=-sbBrif£ -----l-?2-~-Deputy Sheriff of Paze Co. j ~ i ~~ ~j'\) ~ �In the Name of the Commonwealth of Virginia: To the Sh riff of Rockingham You are hereby c~mmand_?,'to summon ..0- ..,6.... x~.L:4:.... ~- ..'1 .. .L/~ County, ...J?J.-!........if..~ ~·:·~~ eetingL.,--: .. ........... ~~ ..... //1:...c::... o.(~v.:::. . ..~~...d.~.JJ:···~·#~·~· ··~/-,l✓.···7A-4~······<V/,J.~..~.....~ 1.(~·····(/r···,a···~~.~ ..?.J-~ ...(.~) ,!~:.~~~~~ ,t 9,30 o'clock,,_ m-, on _ 19 _ ?t:;' tb,./t?._'i[io/ ___---~~-------------- to testify and the truth to s y in behalf of the Commonwealth against ........................................... . ················································~···~····················•····················•························ who stands charged with and indicted for a felony ..:miule:mca+i&r-;- And this ...... ~ .......... shall not omit under penalty of £100. And have then and there t~is Writ. / . ~Witness, . ROBERT SWITZER, Clerk of our satd-JZ.t, at the Court House, the ...?: ................. . day of ..~ .......... 19 .. 1.4, and in the 1 J 1. . ~ 'P)r oj the C;imo .wealth. J--zt.::~... I THE SEK.VICE PRESS, HARRISONBURG, VA. No. 4H . . . ····/f·+✓._, Clerk �Executed January 27, 1936 by deli verin a tr·ue c copy of the within summons in person to the6 following: . Dr. F. L. Byers, LI ■~. Viser, Jos. W. Baz~1e, ;1.~.Luca6, S.V.Shifflett, John Logan, J. H. Boice, Clarence Lenke, c. Overton Lee, Lu~ton Kaylor, W. (. ~rill, Dr. N. J:.:. Canter, and Chas. W. ·o'east. a;;i;--s~---Deputy . . . ' ~' (, ~ ~ ~ ' ~ .....___ J~J .:JJ Uf i ~ ~ 7-~ft7"--T"~fi--~r ·------r~-li~t:--·~-~-% ••--r•~JZ~ft\Jf r' ~wwn~ -•--· {,t' I~~ i. ? n /Jc1A{l8;,.J Iq I ,- ~\_ C' ') n~..., �In the Name of the Commonwealth of Virginia: '.I'o the Sheriff ~a;e hereby commanded to Sttmmon .. ~.;;(.~ of ~kingham CountY. Greeting: cJ~.~~.!7r.~.z~ ~...rA~~ .../Ji.,ULJ..(A.~ .... //~·1··~;;~··5!!.~/g~~ ~~'/~~.~~ ..&.[,.(~ n~···~···~·~··~~~.~ 11~;···?.l~ ...~....~, ..~~ ..~~~~.'~..~..... ~ ~ ..?J>~ ...............~Y.~, t~ore t~of the C~r;!/ ~_!!ttrt of Rockingham County, at the Court House thereof, at 9:30 o'clock., a. m., on the ....o!.//~ay who stands charged with?nd And this ............../ indicted for a felony . J-.ROB RT SWITZER, Clerk. of our sa~t, ,t ,J,c 19 .¼,.. J ;. And have then and ¢ . Witness, ' testify and the truth to mi&demefmr,r. .............. .........sh~ll not omit under penalt)t of £100. there this Writ. d,y of .... ..~~ ..... 19 ?tto !be/ 4 at the Court House, the . /7 .......... .. ;rtE:1::::zz::~d > C/,,k I THE SEllVICE PRESS, HARRISONBURG, VA. , FORM NO. 5 �Ql-rJOO CD I-' c+ 0 "i O I-'· "d t?::l X (D c+ «: C/J«: Q 1-i p, i:::: s::: t-1 0 c+ p, <j O HJ (D CD I-'· Pi p, CD c+ t:11::!tip't:rj Executed Feb. 19, 1936 by deliverinr, a true conv of the within s1ilmmons to the following: Gordon Loker, Noah Rodefer, Herman ;eybright, JL ck Baugher, .t aul Taliaferro, Lae ~:illiams, Christine 1Ulliarns, nellie ,Iilliams, in ~"erson. 1 ' Foot" Thom,;; not fou:~y bailiwi~ck. 7 ~ {' . cf_ P, P, w P, CD CD <: C/J o' u :-.:..:g ti en Pl I-'· S::: I-'· u !J:.,fic+PJ p, ti ::r ti CD I-'· '<l PJP.~1::1 (IJ O I-' Id I-' r' en ill ~ ~ u -=)P-Uo---- -3 • rt. C • CDJ-dQiw "i ::r Pi CD I-' Utl:PiO~ $2} 1-i'" 1::1c,;J 1-rJI~ 0 ti I t:'. ~ <: -~ en O'l en P, CD c+ o' ~- CD t-1 '<: 1::1I-'· e--- P'l c+ p, '" ~ • CD I-' 0 ::rCD (/) t-1 CD I-' 'O c+ 0 aJ Pl ~ I-'• I-'· ~ t:1 I-' p) w (D (/) "d • s::: .. 0 :::, (1) •"1:..:;:5oq N N I-' CD ~«: I-'· CD 1-i Pi HJ <: fiOCDOCD en c+ 1--.fI-' "i 0 :;:l'w f-' I-'• c+ 1-'(Jq Pl <: •• c+ I-'· t--l "i en o i::::• '" Pi CD "i '" CD �In the Name of the Commonwealth of Virginia: You are hereby commanded to summon ............................................. ·...................... :..................................... . ::::::::::::::::::::::::::::::::::::::::::::::::::::::::"IJ;.::::J/..::::g to appear before the Judge of the C~ Court of Rockin ham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..... ./tf............ day of ...."6. ... ..... ..... say in behalf ... 19.3.l to testify and the truth to in the prosecution of the Com1 nwealth against ...................................... . of the Defe11da11t :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .... who stands charged with 'ffd indicted for a felony And this ..............-&/.. misdemeanor. ............... shall not omit under penalty of £100. And have then and 4 ~~~ Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ...r ................ . d,y of ~ •• 19,J k, .nd in th, • /fd Y'M. /:/t'.:Z:Zc'.":ea ""lt,-c;h~~':7..,,.:~,-Clerk 1 THE SEKVfCE PRESS, HARRISONBURG, VA. FORM NO. 5 �Service this 8th of within surmnons is hereoy day of li'ebruary 1936. accepted ~-=· ~ ~ ~ t. . t ' '- I:::.. " ~ \"-. ~ft �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereb~ commanded to mmmon ................... ..................... . who stands charged with d for a felony 11mtktnea~ And this............... ......shall not omit under penalty of £100. there this Writ. W#nm, doy of • THE J. ROBERT -d-f ,J__/ SEK.VICE PRESS, SWITZER, Chk 19 J Y.nd HARRISONBURG, VA. of ou, ,.;a in th, /lb ~ ;t And have then and th, Cou,t Houu, th, / 7 ft_, 1z:;t:::;;r;t:~it;:;,f-d"k FORM NO. 5 �Executed the within summon on the within named Virgil Nelson by delivering to him a true copy thereof in person on February 22 1936 in Pendleton County. ~d?cJ<J4/ ~ N. D. Ru~e:.. Deptr(y:or .. \~ ~ ~- ~ ~~ ~ ~"' •1£ 1~1 "" i ~ l ~ ~~ ;1 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: Yo1t are hereby commanded to summon ..................... .. to appear before the Judge of the Circi~rt at 9:30 o'clock, a. m., on the .... '?:.&.~of. say in ~eh·a·lf.~f.~~.e of Rocj)ngha'":1 County, at the Court House thereof, ... ~. .~.~'.~~~~~.~ ..i·~--~·h·e~.C~~ .19 ff.Cto testify and the truth to .. who stands charged .... shall not omit under penalty of £100. And have then and And this . . r~ there this Writ. _.,.,~ Witness, f,.;ROBfRT d,yof. ~. SWITZER, Clerk of our said_2!J!rt, at the Court House, t~e 1,'l£,.. J;n1h, /b07/ij//!J:::::r~ l;z;;_ THE SEN.VICE PRESS, HAl'lRISONBURG, YA. -::r_ FORM NO. CIMk 5 �-..... .,. , -. - - .. .............. ....,\ ..; ~ \! �In the Name of the Commonwealth of Virginia: To the Sheriff of .&;icl~~- County, Greeting: Yott are hereby commanded to mmmon ................... ............................................... . :::::::::::::::::::::::::::::::::::::::ef??J:.::::::·: .. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::-;t.1~;;-:1.;; n,T. ... vr.= • .-..-...-C.-,.,C.'"71. / ························································ ..................................................................................................................... to appear before the Judge of the C,i'j!)!!.;Court of~ngham at 9:30 o'clock, a. m., on the ...0.-,-!/-~ay say in behalf of the Defendant i, t1 of. .......... . County, at the Court House thereof, ~ .. ..... 19 .?...¼i testify and the trnth to the who stands charged with .J!l1d indj_cted for a felony mis..de:mean-or. And this ........... ~ ............. shall not omit under penalty of £100. And have then and there this Writ. day of. ..... THE SEK VICE PRESS, HARRISONBURG, VA. FORM NO. 5 �Executed Campbell, by d.elivering a copy of the within summon on R. M. in person. 'fg.is 18th day of February 1936. ,..] ' ✓/~~Sheriff Deputy ~ l ~ ~ J ~ Sheriffof Page Co ~ " ~~- ~1 �In the Name of the Commonwealth of Virginia: To the Sheriff of ·Rockingham County, Greeting: Yott are hereby commanded to sttmmon .. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::: ........ to appear before the Judge of the ~1~itrt at 9:30 o'clock, a. m., on the .. ~ T~ay say in behalf of the Defendant of RocJiJ1g~1mty, at the Court Home thereof, of .... ~ ............ :... 19.2.£to i1~0S!£!:!.!}_on ~~ealth testify and the truth to against ....................................... . ························································~---~-~---······································•········································ who stands charged wit and indicted for a felony 11'illJi.emetmor. ...shall not omit under penalty of £100. And this.. And have then and there this Writ. Witness, J. ROBE. T SWI'5,ZER, Clerk of our sa~t, d,y of d,1,,.. , .. 19 , C,.nd ;nth, / ~ti .... THE SEK.VJCE PRESS, HARRISONBURG, at the Court House, the y,~ ....... .1...... of;!:.' Cmnmonwe,lth. . ......• ,.. ·• .••. •···•••••• VA. -~- .......... , Clerk FORM / NO. 5 �Executed by delivering the within summon on"Foot"Thoma.s in p:erson this 19th D~~f Fe uary 1936·•· P#h.,,/. - ~".dd::::::::.c...,,.c.~l...sg,!1er 7$,11,~~ Deputy Sheriff ~ ) ~ of Page Co. i ff �In the Name of the Commonwealth of Virginia: To the Sheriff of-c0GK-l)lj!K You are hereby commanded to smnmon .. ................................................. . who stands charged with and indicted for a felony 1nisJem ~ .......... shall not And this .....:... or. omit under penalty of £100. And have then and ~~~~ Witness,,). R(!BERT SWITZER, Clerk. of our said._jjl_trt, at the Court Home, the d,y of ~ 193 bnd in th, Jr):e:z::;~ .2. ~ ~ Cle,k z, THE SERVICE PRESS, HARRISONBURG, VA, FORM NO. 5 �Executed By delivering a copy of the within summon on John R. Booton T. J. in person this 24th DiY of February ~jJ±:::_,_ 19 36. By __ J j1J __-1.f.:._ L~-d..--~-=--=-=-~----- J~ i~ ~· 1 ·~~ ~1 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::~:;?~ ... ::::::::::::::::::::: who stands charged with and indicted for a felony misdemeanor. And this ..~ .................. shall not omit under penalty of £100. And have then and there this Writ.tl Witness, ]. ROBERT SWITZER, Clerk of our sai~rt, ~ d,ry of. • ••• THE SEllVICE PRESS, • 19 }(,, HAR,RlSONBURG, .nd in th, /.,~~ VA. at the Court House, the .. J.-:.~!,.__···· . ... • Cl"k FORM NO. 5 �=E ;:; ':1' ' , :, :) :, (/J C :l ,., ~ 0 C �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to mmmon ................... ..................................................................................... . ;;tz;;;JJ 41c/i;;;;;) ........................................................................................ to appear before the Judge of the ~i71W,,"t at 9:30 o'clock, a. m., on the ....~l:j say in behalf of the Defendant ·················· ............................................... of R~ham ......... day of. .............. , .................. . County, at the Court House thereof, ~ ...19;:Jbto in the rosecution of the C~nst testify and the truth to ....................................... . ............ . ·~··································•·•·················"···"·· who stands charged ~vittand i7dicted for a felony 1r&-tlem·ewrn:Jr. And this ............ ~.............. shall not omit under penalty of £100. ~~~ Witness,). d,y of THE And have then and _J RO~ERT SWITZER, Clerk of our said!};[!.; at the Gou.rt House, the ...~~\. ~ SER VICE PRESS, 19 ... 7{.,,,m1 m th, Jz~~ HARRISONBURG, VA, rrk FORJ-.,[ NO. 5 ��{ In the Name of the Commonwealth of Virgini~: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .... ............. . :: ;~;:':.~;:::: :h:/:.•:h;;;~:;:;c,.,t f;;t::::t"•ty'.. ,t th,c,u,t.~'"" to testify and the truth to say in behalf of the Commonwealth against ,~';1: ................................ . ::::::::::::::::::::::::~~: who stands charged wj_)nd And this ......... -~ indicted for a felony mis-demeMIM. .................. shall not omit under f1enalty of £100. And have then and ~~~ Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .. 4 !. ................ . J,yof •••••• ~· 19,l{, ,nd in th,Mfl .}f:td~ ........, Clerk THE SEH.VICE PR Ess, HARRISONBURG, VA. No. 4H �Executed copy of Dr. February 9, 1936 by delivering a true the wj_ thin summons to the following: A. C. Byers and Randolph Breeden $ ,.--- ;:)J,_1,_~epty For \S ~ \~ ~· ~~ ~ I ~ ~ J. 11. BazzJ.e, s. R. C �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: of £100. And hm You are hereby commanded to mmmon ............................... . who stands charged with and indicted for a felony mis1le1iu,m01. thm~::. ::;_ Witness, day of ..~, THE --~ ••• ,h,ll ,wt omit ""d" J- RO,,BERT SWITZER, Cle~k of our said.z_,t, .... 19 i.tq and the d:J a ..~~nr SER VICE PRESS, in HARRISONBURG, VA. No. 457 p,Mlty at the Court House, the .. o{ the Com;non"j:falth, ;t~~ 1 th,~ 2-...Z ........ . ) Clerk ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .... ............................................ . ::::::::::::::::::.:···•••·••······::::·:·:· ..:..::::.::rP·~:~~;)· And have then and ~~~ \Vitness, d,y of •• THE b ROJjEifT ~• ~ 7-£..... 1f ~~ ' Cl"k SWITZER, Clerk of our saidm, 19 $, SERVICE PRESS, HARRISONBURG, VA, and m th, No. 457 6 at the Court House, the .. �~ .. > 0 :., ::, ~ ,~~ .~ ~ ' �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to sttmmon ........................................... .. ...... :¥_:·..=:.:c~.::::::::::::::.·:::::::::::::::::: :::::::::::::::::::::::::::::::: ::::::::::::::::"1/~~::~ :: ;p:::,~;;;~: :$~""'.' ~•uu .t°.~.o1J::;;;;~°.i~s·t··::::::::::::::::: ............. :::::::::::::::::: :.h:1,•:.•:h~tJ'ti:;:; Cou,I of 1::;~ t.o..t~s'.if~..~·n·d ..t·h·e<r.u.t~ who stands charg?d with and • dieted for a felony~~ And this...... . .. .............. ................shall not omit under penalty of £100. ~~~ Witness, . ROBERT SWITZER, Clerk of our said~/rt, d,y of • •• --~-. THE I I'., , ond ;n th, I }rza::;::;~ SEN.VICE PRESS, HARRISONBURG, VA. No. 4)7 And have then and ~ ~ ....... at the Gou.rt House, the ....?.-. .. ' Cink �Legal and timely service accepted this 27th dw...Q! January, 1936. ·1 1 ~ ~ J j} ~ ~ " ~~ ~j "~ �to appear before the Judge of the C~ourt of Rockin am County, at the Court House thereof, lJ; at 9:30 o'clock, a. m., on the . ...~O.. .......... day of............... ................................... .................... 19 .. ~.o ..t~~t.if~..~~::: ..~r~.t~~~?J:..:::J::::~.~~·h·~~.~ who stands charged with a felony misdemeanor. And this you shall not omit under penalty of £100. And have then and there this \Vrit. Witness,~RT d,y of •• t c , ! 'if!J::d'"'~ SWITZER, Clerk of our said~' • 19} (,p,., m th, I0 l~~ TH& SU.VICI. PJ.ESS, HAaUSONBU1.c. 1'A. at the Court House, the ..../. ~.E Ck,k ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .... ............. . who sta~ds charged i»·ith my! indicted for a felony AnJl this ... ... ~. .. 1~ ........... shall not omit under penaltJ, of £100. And have then and there thlr Writ. ' Witness, ~T day_of \ ... ' . SWITZER, . . Clerk of our said.;t;;,rt, at the Court House, the 19. 5 ~and in the 1h a·~-,;ar of the yomponweaJth. 1..-'f/~~~J-THE , SERVICE PRESS, HARRISONBURG, VA, No. 457 ...., Cl"k �E~ecul:,ed 1l'~bn1isry 1, 1936, by delivering ._ true copy of' the within surr-mons t.o ?7alter H,dston, in pF:lrson. -d?.J:'~;;;-:~--:..:.. F c r J. __De::,uty W. Ee.z z 1 a, S. R. C. \:) " ~j ~1 ~i �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ..... :: ;~~:a:,~;::;~~:.h:/1~:::h:f;;i::1~; ~~~~C~1t1i'.1.' ..a.t.<~e to testify and the truth to say in behalf of the Commonw/alth against ... ~~~t~t ..~ouse 1:he:;~ ..................... . ····::::::::::::::::::::::::::••·····:::::::::::::::::::::::::2J;;;I'~. who stands charged nd indicted for a felony -mi~ifeme-t111Br. And this. ....... shall not omit under />enalty of £ 100. And have then and there this Writ. . , Clerk THE SEK VICE PRESS, HARRJSONBURG, VA, No. 457 �Legal and timely day of February accepted ~ \ J~ ~ \ ~ ~ this 8th �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You arc hereby commanded to summon .. ............... . :::::::::::::::::············::::::::::::::::ez;;::~:: who stands charged with aJj indicted for a felony mis-tkmffl'1'lor. And this ............... ~ ........ shall not omit 1tnder penalty of £100. And have then and there this Writ. Witne~ day of ....... ROBERT SWITZER, Clerk of our said Court, at the Court House, the ... /J ~ ........ 19.?r;.,r and m the IU?.£1.~~f ·.i·~/.~lerk THE SEK VICE PRESS, HARR.ISON13URG, VA, No. 457 ~the Comn;onw,1-th. -a..... ... �I ;. S :f :;- , C/J 1 C: .. 3 :, 0 :, 0C: :, ::, ~ 0 'O �In the Name of the Commonwealth ~~ of Virginia: To the Sheriff of ·egi:iam County, Greeting: You are hereby commanded to mmmon .. ...................................................................................................... . to appear before the Judge of the Circuit Court of :;.c,gham ~. at 9:30 o'clock, a. m., on the ........./tl.4.day say in behalf of the Defendant County, at the Court House thereof, of ... . 19 .:??to testify and the truth to in the prosecution of the Commonwealth against........ .............................. . :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: who stands charged with ~nd_ indicted for And this .............~... a felony misdemi-aeuQr ....... .... shall not omit under penaltJ, of £100. And have then and ~~~ Witness, J. ROBERT SWITZER, Clerk of our said,,9ourt, at the Court House, the . d,y of THE -?&,,nd ~19 SERVICE PRESS, HARRISONBURG, VA. in th, //,d~,f:t:l"'"' on~" ~ Z.......... . h ' Cl"k FORM NO. 5 �Service of the within surmnons is hereoy this 8th day of February 19jo. CJQs& ~ '-.. '\::,_ ~ "' ~ ~ ~ ~ :( ~ accepted ' /Jlfh I �V @~~~~~~~@ . - PHOTO FINISHING Order No. -------------[ Amt. Paid. ] Print _________ of each Name _____________ . ._____________ --------·-------------------·---·--------- !. . Address.________________________________________ _ These Photos were care/111/yfinished, each print getting individual 11ttention, Josecurethe quality. Extra PrintI cost so little, but mean so much to your friends. Let us make re-printJ from your negatives. 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Its extra speed and latitude compensate for wide 'Hri1tions in exposure. In the early moming or late 1hemoon when the light Is soft end ,h,dows are delicate, this perfectly sensitized filmallows you to get marvelous m1pshG11 that capture the true b11uty of the scene. Get I rollfor your camera. A9fa Plenacbrome 8 good pictures out of 8 �<f f t' ~ l:. '> ~ Q "" ~ , ~ .... . " P) q... " \, ' \S .:t' "it ::i ~ ~ ..., ,, f) 1) ~::=:::=~---========~ �Janu&ry ~tatement To: Mirsinia of Carl 0tate 6th, 19i6. 1O:45P.I.i. Turner. rroo~er ~. Kiser, Corl .='urner, you. ue in Police :Tepd.qnarters, Eagerstoi'fil, lid., uncl the....,e men are :::'rooper i:;. Kiser, . 1et. 0h"pt1fan, of the_ ..estern :.:uryland. 1-i.tilv-ay, C. 0. 3aker, Gou.nty _!_nvestigator, for .J. shjng.:t..Qll_Count:r, I.:d., Detective l'ctcrs and Cupt. C. G. bmmert, Chief of Fo c • ' • _ e goi g to c1 u.e2tion ;rou Pith reference to the sho(Jting of John Lo __er. You have a legbl ri.o.:ht to refu&e to ruis,,·er any c uestions thE't nay be as1~ec1 you. ....Any statement you give mr:rnt be given freely, voluntarily Ln,1 w_ithout E.ny threats or )romises o-r re wt.rd be inc mucle to ~rou by nryonc for the purpose of obtc.ining this statement l.na •..1th che 1-no lecige on yoar :,oart th[ t this statement may be used D{"e.inst you. .,ith these f2.ct s in min cl do you desire to E1nsver rr1.e0t ions asked of you? 1 A. Yes 0ir: U.. ·.:hct is ~-our full ncrie'? .... Carl ·.,illi£lJ'1 Turner • • 1:01 olcL are :.rou :' A. 25. • ·,,here tlo you live? A.El:tonVa. Q. Can you reac'. , ncl i"ri te? -· ro sir. Can ~rou Ei{"n :rour nc.me? ..,.. 1 thinl· so, .rith a :pencil. ¼• Do yoL1 fn.lly unc"..erstc.nd the statement l'ead to ~rou? .,,_.Yee ..iir • • Carl tell us, in your ov;n 11ay, v:hen oncl ,;.here ~rou nlL.n. ea. to rob und. kill Job:. LolTcr, End \-.r..o yoD. nacle the plcns ,.;1th. ~~o .1ell ,.o plt ..J..11ecl this on ✓ tl.L"lG.c~Y Lolrer to ro over c.ncl see i::- everything -i; a8 alricl:t. cm :..onclc:' rd· ht n~ p·ot cl:.icJrcns fror.1 m;i.- brother ~,m. is o11cl on thLlrSU."J r.i 1t ~;e rot cLicken:: fr)n ,_iss ~ .. nie ./n.zicr, u.cl on _·1·iclay r1ir·ht w2,s .rcn tL.e :ro·) 017 P::::: clone. :::,ester :iol~or ,,nC:. , 'broke ii.to t}!e hoase ar.d ,.e se&rcl::.ecl the l)LlTCu.ll , 1~110 ._r. "oJ..r:or , ere in the field. le uro c t.. t::cun_,. o 'en. e ~-·ot tuo tho L1sonC:.d.ol.1.1:'.l'C. . o too , L. colcl c' ire w1c: , r n t n e .,.ot nd. n ~Lell in tLc C:.·cr ..,e:· clrrn er. JC', tcr :::o ~n1• .l[...C.. ~ is Lm nd. too - . .. r. J1'-:11 :o}-cr'l. ['Lm :-J. ,·ert over to tl :.m sLec", --ot L\D in tLe \ ......rn bed. ~ ester Io ~er ·ot t11 i1" -:;he n. ·)f'l' • l,.,. 1:. bcr• T r,t8.:-cd. do1,n olo, ... r. ~0,01 co11e b~1 ,r Lcrter Lhot Llm ...nJ. I tolC 1 h1 i '· he 1isqet l in 1 , oul" r•it 1 im. ·, o ' ot ~ .rec> htl.n,· :teC co 1 ~.G.rc of:: i.::.n, then rnnt to r:·r L :·0110 1., 10-"t Io ..__.~ ',ere r nd. 'c , eLt 0"18 ~ .. c :!: • r. t o to r.i. ic ,ill ..i&ms. e c nh too: ,Jrt t i•t:..tn or Ts '.id tLe re....,t. e 'r1~ L.1w:.·· on 02.t11ru2x r:. .:.·ht , '\ • r t , O Cl1C' o· , ' t . :· t .c f'l OU, 1J JlH'h t c::.Jlls.r -for 9F3ccntr, i--:cc ""'' 0 • ono. 'o ~ot :- int of ;,r',i[.'·e~' irJ J John -~lgen, .. ct'L.' o··8ville. n cor::1e 1::.or:1e.....r f at::.,'cf ::.t r,., _, i..c ,1il lig E al1.i ·1·t. JllCl J_c't o::: :.r ton too~ l f' over in G. t, ::::i cab. c left t; rnre nr ,J•:. r [.,, o:c ir:; 7 '.1. 1 ,, JJ �·f •.. I .a ..e1 • ~ ,. ( .:rJ : Ol • 'I0fi'IJJ nl -1 tcev:-L .. -v;t • l,..; . .61 • '--' '-: OJ0 ••• o j ..,J.t.ln·3 . -:c!3 [olI 11,i.o j t'IGu'IU_ e.._.0.rlj bn e ,Ju1ffi J .. l d'ae . orfti -:ro± ,'Iv,. j-:comm.'.!:.-8 .~ .,~t.!Hll0 .eoL.I . e i j od e o ,AL3 OJ 9a!J.,_8'I v..i: JJ.. :rn0' • a ;t.130':Crl;t n 1 j' rlj I o r no • 9 :t 'IO G"'fan v r ~io1 OIT t II . Gf 11'! " ;o J 0 .evU ~ej-..i:•.r ., IJO 0, 0 r ·:cr;o { t • , no: (J ) ':)'! • ~ JJ ( '0 '; •j ..... 9'I ·r C 4- • • V _[ ... hln no .. "J ,. . cf ~'-- . .. .. �l • ·nt Tr, ·,ere c<r en ,ent to _,~kton, ·ot ;t_S ncl got ,ilrs -,.:.11i---ns 'in·ot1cht 1.:. over to rcllie .illir..,.,~1. -·c 1:,tiyed tre:ro nntil c --o~t to ~;.u.r:cen ton 'la to .,_vis / . ,bell [JlC LO\,iS _:c.J~...nlel Li1 • e er :c 11E.ck utJ.ncl.n.:- ovf'r.ing·. • e • ent to Pr: .. tico..,t ::cC't in[; &t ~lkton n • co .. c 1,c cl- ho,rie unc"._&~ icht. Lol:er cta: cd ti:.r.t.:..l ~ftcr rU.cni J ...t <.La tl1cn -, ont Lone -..L- I CiC.. not see Io1B r c~n.7r:10re nnt..:.l 'LlOf'Cr.y. ::r. iLer co 1e L- C ·ot qe on 4t1e:...day and too'r mo to -·<--1.liLon1rnrg. 4 7 T A • on u tmc uy . ~ft r . .. as tLr t rior to t.Le time ~be_oreo • ... o m n ::.oned this? ... LeLter • . Ju.Bt .l f. t • id Lester Dey to :Toti. A. :-e s1:..i~ __is Tncle _ d. [' ri"':t smc..rt of .. oney Ui.cl 1 .ept ceveral thou.sand dollars there. r,. .,hen '.'VL.,S ~hP n "Xt cl&.~Tth:.. t you t (..lJrerl <.,;,bou.tthis? A. Tt ; 1as on -nhLJ.rDday .Jecembc r 5t • . .,tat dicl lef'ter toll - ot1 ;yot1 ;; orf' to r•l[...fl in ttis rob ery? .,__. I '...·as -to bro"' t e trun o_ en . • Die :ro 11 7 no ; ·,T:10re '-; 0 t rt1n 7 w2cs 7 e11t? A.. :.,.o ~ ll" • . ~i~ LcEter lnow? J... • Yes . ,Ji r • Q. hO\'i clid. he _ ou. J.. He stayeC over there • • Did LeLter go over to l'iG uncles hoG1e to sec if everything wac 1·et..a.y? A. Yes ...ir. _•. h~,,t day \iCS he to go over to see i± ovor;s:thine, ....-ms1;.,lright. A • .;:'u.escl.ay, • ..us the t before the robtJ e1--y \:o.s co Fr 1i tt ed? .A.. Yes 0ir . . • ,hen did he report buc~ to you? ..• \Jn 1hursd.n:r, the 5th before .. r. : oker v:cs ldllod. T'he s2.me d.ay 1;e got :~isc Ann ie _ rL..Zer' s chickens o ,. ~Jhat did he mean by ulri["ht? • -...e said his uncle sold cor:ic cows and .hogs c...nc.tLr. t he _:mt some money in there. , . Did he tell you ,--here the trtml: ,·:cs located in the 1ouse? • Yes. _. 1.hero did he svy t t1~L1-nlr,.-cs that hacl the money? A ■ Dovm. stairs in the b[:.c}r room . . • Is the. t the one ;1ot1 Lised tl:e har,1 er o..nd chisel on? A. Yes sir. C,. ',.hat •rrt did JOU lun in bre L.J:ing the trun]r open. A. I use cl. 1 he c olc1 chi sol encl he.r1mor. and broke it open o , . khat \7£,s J..,ester aoing at tl,at ti11e? A. Ee uas ,,·atcJ1ing out t e , in( ov;. /.fter i7e openecl the trun: the rmnery ~as in the botto~ under some stuff • . '.,hct die, ~-ou c1o on riday norn.· ng. .,hat 1:rnre your p1ovem, nts rnd l.oJ-cr 'P novenont s cm ridey ;ecer1be r 6th. Y..lral'IXXXEXR L. I ·went dovm to my znuntsLonie i'tnner on riday ~ncl. I c-ot tv·o bunches o-::: colcr~r come bac up to ..fillirras 8.r1c". le :ft there arot1nd 2: 20 and ,1011.t to Br;fan :~al ov, 'rd .. et Ll J v it-ill Lester 1,mJ-er, Ylent ove:t to Jo.r..n 1,oke;vs ancl le.,ter he.cl his 7 1 Le r �.. 9 rui .ro , em • .t l -reve n ;t i C. . v;'Ie 0 9 f i cfo-:c ....trid .:ii: Mlq . oj 'I 1 • V 0 c,; 0 n..:. 9 Qj '! 0 0 .., 0 • e e oc e j.J_{j . e ....uo e _;t jJJ bn.::, a~od M 0 rr. 'I d"'oo.r I "I 0 . • J. <;> 0 { 9 d -1u ·n_ •.rj .... moo "I c;'nc _[ a .irlo .fl3 ·.c0 fj 9 nl onci bor;;J 0 - e 0 9 • ,. �3. gun v·i th Q. ~;hat l'im. :incl of a - un- as it? A. 12 gauge sinrle bLrrel • • Low· many shells rlid ho have V'i th him • .:.- He acl one s}-,ell. , . ,lhat color 7as it. A. Yellow. (. Lid you shoot thGt s~cll? o ,Jir . .Jid you }rnovr v,hat size shot th2t shell cont&incd? .1., o 5 1::.ot. (. Did anyone shoot tnat s_ ~ 11.• .1..0 sir . ..as it ;:,'our • te .i.tion at that ti e to rob W1d. kill .=r. John Loo_cr? '• es Lir. .t:.. ... .i.:ov far a •'i:::itance dicl you have to vmlk from the ti e Jrou met Lest er Loker on the doy of the murder trn til ;:,rou reoched i.r. Loker 1 s ft.rm? ,. . --bout 2 Mile and. a hc.lf • . Do ;you ~now nb uut what ti:-:1e it ,;;as when you arrived E'.t the farm. A. It Has c::.bout 5 :ZO Q. ','as it d£ylip.:ht or dark? Getting dll.Sk • . Do yot1 Jynov: hm: fer yotl could see u,t thi~t time? A. You cot1ld 8ee a rifht rood. piece • • A l al£ mile? A •. o aliout a nuarter of a r.iile. Q. ..hen ;ro tl approached the farm did ;y·ou see :iir. John Laker abut the premises • • •,e sav: him over in the corn"'" ielt. , • Hmv far v as that from the ho tlSe? A. ~bout 1,000 yards. 0 • \7hcn ?"OU ap rpoched the bt1ilding (id you cone out in the open. A. ,e crE.. •rled r-l0nf the fence. and got in behinc:1. an ale building t. :;)id yon both go to the ho use vrher e the money was J~ert? . Xef sir. ". Do you knov· , 'h[1t .1r. Lokc. was doing in the field? L. ?eeding his cows. , • ,,hen ;rou a· rived Lt the house did you find the v in dov;s and door locked·? J,.• .Yes. sir . . ~ow did you [et into the house? --.A. Lester broke a \':inc1ow out. Q. Lestor still had his run ,.ith him at that ti 1 le·f A. Yes • ir . . Did he st ill hcvo his gun in his h£ nd v;hen he broke the light out. A. 1-0 he ::,it it down 2.long the house. ~. :)o you lmow hov, that v,indow was locked? L.• Yes 0ir • . Tell us how. A. Had a stick up over the ,indow. '~• '.',hy did you tn1re this partic11lar wind.ow. 1 • :::±we , ..ent on other side __r. Loker \10 uld have seon us. r o In other Y,ord..s you stayed concealed from ~ ..i.r. ::-oker's vievt? • yes sir. • .i. �• <l!1: { { J 1-1 f1.i"j'O 8.J ·rw·1 B ::o bnl-[ ·'.e.d,r • . Ier.r rf £"¼l--<.1• a e JJ!3'§ SI . ~-.rwm .o I • • m:1.rf.i :11.."Jov _,rl 9r{ r)i: ·, sil'1Ii, . Ilertu 1no b 1 A' • 4 • t 8.C • TOI 00 j-p,r{ .wclle: • ~j le.du jJ !.! d"oo {., llG • - r . ';jj il ' . '-" • 'I.i: joris j- __,fij o&l ~•.Lfo!l.J J j-.cfi·,;r WO d'oo-l ;t ..,rl0 .A. 0 .•o-: fl u . r . j o.{a c o .... • ..i 11no-v;.ro JJl.U • • "1".[q O • iI Ill'}[ 0 o;t 001: e J .rL .i:j j t;:-J13jnl: .t 'I!.ioj-i: ~·'I eJ[o o •.ti 3.s .• n.r!.ot erld" !II"'II ::lii.13w o;t ov£d .cior b.i:i 0on.::J.;,l .n •....~J: wo .• '3 Lt J:o y, • e I;; nc ~I" Oc.. ·.:i: Jse.I j9 IJO ~rn~·,1 •,' imfc [ .'I.. )rfu ·o'I J:j J:JO•~ JfL, It.,, nsi ·.rn.fnnm .1Isrl J , .fJ9 V .i:'I 'I.S 1J O '{; ne .dW 8 .SW j .i 9, .i:j j o hnn ellm S .SriH J 11.0 cf VI O fl.' ;t1Jod1 CJO "V; 0 • U •9 • m·.1:.s:l::: e.d;t O~:G jnoaB ~ ~ef"".U asw d"I l.[-r3I) jl B.2, • r,rnfJ "nl!jo'I J ..J oe...i bl.r. oo no - TJI , ~: mi r r.;o·: o • ooolrr .fJoo ;t·i"'l.i:'I • eecJ ..Jl.!Jo::..noY _...,•,r:....,b 'IO ~.i + j1· 4 ~·eilm ·::• • e I ln 1:e·ro.:;: rr..riol .·-.· o 'I e J'I.J1l n no·_. IJ.i:.6 r;r.r..s':l:er!.J .bedo.so'InH oec .a8°lrre'I( rrl 9rlJ jrJ.:i B 1 • • ....-.. ... . j ..:1o .s o _ • . nox: 1.1.eri·, "Vi .... :tn ('...! .~I9~~n'Ioo etlJ nl fovo 0i:i ~18 a .A ': easi 0 l GflJ mo·.c:t ;;-uLt c::,p, - '.i: ,1 wo: .. • afn.3 OOOtI ;t ·ocI.~ •~ llO • n.t-. f11J)i.tncf 9;{--- 0'1.riOO • ~r-rr..s JJO' .:-.tcd )f100 • fiGCfO ':Jfi lo Ilr r )nl·l9f rr·. Jon,, .e~ne=: ;;:)d;r ~r10l· f))i'" ...'ID e • ~:0:1.cr:: .➔ rfJ- 01:0·l'1 eanorl er! oJ 0;1 rl;+ocf no,~ .61CI • 1:>~o.rn .tqe~r a•; ae .... .,:i:a ':biell: Gri.j n.i: nloh SB'l ~ ...e-.i[o~:.• 'I.. ,'1 / rn.rr:" , O{, 0 •, o al.:! ~ ~-il.fJ e e" • ~ .. J1 ..6--:11: • no~ no.ct.,.• ', o~ oo.I 'IOO .-rl .:::9Y • 1. ojnl j9~ llO~ bib woE • • a-o .6rrn arob;:it erlj .bnlt JJO~ .ot.6 eesJori edt ~88ll0rl 9.r{j • JDO TTO~nlw ~e l.:t Jt:sJJ J.s r.,lrl .rLtl; nn 0 alrl j.;-jlI 9:{j eJfO'Iu e:l fiG.·L .VuH1 Bl.d :ii ~ S~O'Id b•rl IIl;ta '!BJ89~ • -roJaeJ. • . ·.rl , a e Y • A.. fUJ1 ~:l l 97 'fl II..:.Ja eJ .fii:CI . • d'"DO HU no lcJ rrrnfi J 1 J l J eri o ·: • _ ro.6nl 1 J .dJ .rnrl o.cc' JJO"V;ocr • • 'I.i:,_, soY .... • wo.ri BJJ lie':i. . • o.fJn.t.1 9,:ij 'IOVO qn }[O..i:JB H .ou:-o.J:• . wo.on.tn ~mlJJ:JlJ~r.sr: alrlJ e~.[!J .JJo~r I:i rn -v;rL • • an neea ~V". i bIJJOi/ ....e::cro;::::.'I. 9Dfu '! e1iJo no j,19 I 9 ! :t..: . ~welv d 1 1:e~·o .T ... I".!O':CI bol.aoonoo be-v;.--.:J-ano·.: ab'Io-- 'Iedjo nI o • ec::norl ~·be:{ooI a-311 �-------------------------------------.---~------4. 'o rl.m.dt did Lester use to brealrd the windovv v:ith. A. A stick. C. 1,,here did. he fincl the stick? A. at the v ood pile. r. vrho went in t_e ·inclow first? A. Lester. Q. \Tho raised the v-:indow t1-p? A. ester raised the window up . • Did you follow Lester in the window? A. Lo sir . • .'here was lester's gun at that ti 1e? A. It was sitting 01,1t ide. (~. Did you hold_ the 'I. ind ow up \ hile L ster era led in? _ti_. Yes sir. Q. Did you go in the house? A. es sir. Q. How did you enter the house. A. Ey the door. Q. ,'fas the door locked? A. yes sir. Q. 'i,hat kind of a lock was on the door. A. A Yale lock • . ~ho unlocred the door. A. Lester from the inside. Q. \ias Lest er' s gunt aken in the hou.se '? 1. Yes sir. Q. "/as it loaded·~ A. 1 o sir. Q. Who carried the cun in the house? . I handed it in thru the v-indow. r-. 'Jhvt did you do when ;;;rou ~irst entered the hOL1se? A. r;e went in and searched the bureau dravrers. c. Did you leave the door open? A. Yes bir. Q. \✓hat clid you :find? A. ~ome shot gun uhells • .1hat :Jrind of shells. A. Clean bore ( • ,'/h&t gauge shells v-ere they? A. 12 gat1ge. (. './hat number shot? A. l.o 4. Q. 1Jid. you find. the shells ~-ourself·:' A. J.:o Lester founc1 them. u.• ',,hat clid you do \.ith the shells after you fauna. them A. put bhe in his pocket. r~. Then what did you do? A. 1,ent up stairs encl got a cold chisel and hamr:ier. Q. Did both of JOU go tip stuirs? 1.. I just went t1p v.1ith him to see where he got the ha 1·•er and cold chisel. r • .ihc.t did yon do Y.ith them. A. ~roke the trt1~- open. ~• Up or down stairs? A. dO\:n stairs. Q. :)id you get the trunk open? A. Yes bir. (. \1hat did you find? 1 A • �.Jfo.i:~8 .1. rr.i:1: rl .6.i:b ·r')ri ?,o..:: .... e erl ... ~ • el.i:c?:tc-:rl' ~ wor-~1 ni j .1:ejc iI e iJ ....l ..n: orl 1 ,... obnl ~ eri IJ ea .t.s-:r -:reJae,_ J:JO\, ;) :.al -:rej ... o.I w L[o o.6nt· . "I • ' 0 ~ ts rl :t j ruJ ... ''fe " .... o l a 3"7 e 0'i • eI>lJ jr;o ii j c.l a..sw J o..6n~ erlj .6Iorl J:JO~ bl . ~• Cf ti 10 VO.Di'!~ JO 1 i orb rrl a iJ O .. J fi8 9 [..r 'H) ... • • 1.• • _ . , o·:J JJO r .-:ci:a • 9 .. • • .d. U O ., 11..:_ • '!00..) L riv • -:cl.1 ."Ioob erld" no a.sw xool n to bn.i:x jsrlJ • • :~o o I el nY • }. • 1:00.6 rlj beiooi~J:J orll • • e..6lcn.i: e.cU r 11:1 ~ e d"ae: •. ':e uo l erlJ- rr.i: ne ,sj. w G 1 ·.1:e;ta I e.o ·~ ~-..60---.ooi 'I • '£.:e jl 3ol .be ~ a')... • a.s . ':ea iori erl:t nl nu·~ 0.:U 5el'I'I ~o o l, • on 11t· 1 e .-rj u 'I.d n i. ;:t.i: • ri uil., i ... 'JBJ:JCtl crl:t .be-:rej • 11:l rio- ned:V on uov; l" s~ i .. . e.,:nu ''ID r• '')'Imf er' v frn,{ni:.:e, JfL.~ rr ,•-r1ow e, ~necro ~00 9jt 9V39l uo~ r.:L • . • • .A • 1 ,,. r ~- ~9rf j O'I 9 ~. p ' J LJ., _[ ' ' l 9 • ,jorl~ 1:eamnn -~I ~me: fJn -ro r:o.:; 1:ej a'IJ:JO a:rert 0 .merlJ IIori::.: erlj .rUl; . bn1 .. uc., bib J.::3.i • :te:;rooq a.i:rl rr.i: erto ;t.riq :o.fJ m"G .fl.i: " rl .e'.i'I • -ro~ ii bnn loa.i:.dn bloa .a jo r<-3 a'I.i:.sd'-.i q.u ~ne Ya'!'sja q~ 0 DO lo jjod ~l rl er!j ;to;1 e.ri 0~1.Jri I e.3"' od" .rdrl Ll 1 ,...o ;:tL n j._..; • : • I,::::ilrfo b_o..., .me 'J Jji:, ob no\, lb j rl • neao fa J'!v ) i... o~·o·r ~-e'!lBj·t. ITl 'IO q,f • a,:l h8 1 ob ?rracro J'!;; ei! v cJ"'- rioi .f>lu JJOl OJJ iJO • 'I.CJ JJi 0 .... • • • . • ... • 8)- • j-3rl • J.. �5. A • .b'ound r10ney. (. How much woneyY • We cot1nted. it after we left there, aliout two thotrnc.nd dollars. C. ','/hat was the □oney in•? A. In one of these here draw sacks. Canvass sack. ~-• 'iihat color vras it? A. brovm. Q. ,'!hat did you do vrith the sack after you took the money out of it? A. Put the money back in the sack. • Q. Vhat did. you do with the money? A. Hid it" x • 'iihore"? A. On lJ.T. Will Loker' s farm. ~- rrhere? A .... n the woods. Q. Did. you open the sack in the house? A. i.o sir. Q. ·;that did you do after you got the sacl, of money in the trunk. A. We went up stairs and searched a stand. r. What did you find t1p there? A. Didn't find anything. Q. ~hile you were searching the house did either of you 1,ok out of the window to see if i,_r. John Loker was coming? A. Yes sir. ('. ','!ho looked. A. Loker loolrnd while 1 was breal'"ine the tru.nJ::: open. Q. Did he say where he was? A. Over in the field. (. \,hat \7indow did you look out to watch. A. Back room dovm stairs where the trunk was. Q. r1ho stood watch while you were searching the stand up stairs. A. I did. Q,. Then what did ;/OU do? A. come bt.'.ck down stairs. C. '.'fhat dicl you. do after you p.:ot down st airs? A. r::.ot i:r. Laker's gun and lesters. Q. Hhere did you find "'~r. JohnLoker's gu.n? A. Settin inroom behind the door. C:.'.•hhy did you get J.-ir. John Loker' s gnn. A. bo we would both have a gun. Q,. Did you :pt1t a shell in that gun'? A. yes sir, a yellow one. ~. ~here did you put the shell in the gun? A. uver in the ~agon shed. ~. Is that the shell that Lest er Loker brought along from home A. tes sir. 1.:. •• J,.ft er get t; ine ~.s . .Loker .1.s gu.n did both of you leave the hotrne end go over to the shed together? A. Yes sir. (. ~7hy did you fO OVP-r to the shed'? A. ro 1natch for I ,r . .uoke r? G,. Did Lester Loker have a gun when he left the house? A. Yes sir. Q. ~Vhose r.::u.n? A. He had his own. G. Did he have a shell in the ~un then? A . .r o sir. C. Did he nut one in later? A. tes sir. �.a • ~9 . v;enc. . ~'I ,.!:Io b.:. L ...~oJ o ·j •. 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'I... 0 . ~S'I Ii •;,:, • e.boo , 0:£:r _ • a e j ne o no~ bl 'IS •.re-•oL- 'I9" J n~ O 8 •I •• la °1"' . rw e"'lcri 'i'n'3rLt nJJ· ed I Lda ~·rej •I 11· • crv·ro'L.:_ r .3 ov • [ enr j, -ii. ➔ r1 9..- .... 6 •. .,: 0 •.J.• () { .6Ji..i. • • -rl �6. Q·. .,here·? A. uve r at the v:-&gon shed. 't;as tb.ut ~he shell thot :/Oll follild at John Loker 1 s home? 'Ct,. A. Yes sir. Q. 1:ad yorr noticed whr·re ....r • .Loker was t the ti 1e you le ft the hot1se: A. :tes. ". .here was he? . _n tte corn field. ( Cot1ld he see you had he looked tovnrd the house ,hen you left the house to go over to the vv2.€2,'onshed·r, A. Eo. Q. Did you an- roach the \ agon shed in such a manner so th~ t he O\J_lclnt? :tes sir . ,iho.t ·ere vo1r intentions ,hen ;7ou v.-ent to the \7Lf'" n shed? .ias to kill ...r Lo ,:er • ', it h v:.rw t r• 0hot eun. ~.hat was JroL1r reuson for wanting to kill •.•r. Loker. nect> Ltse he Y'O uld. see l1is t rllill:: broken o:pen r no. get the blood ho Llnds., \,ho suggested that yoL1 kill ...r Loker? JJester Loker. 1Jid le st er oker also tell you thE. t .. r. John Loker c1:..rr iod a suw. of money on 1-is oe1son ruicJ thec.t was ~rollr main re£"~son for v,s.nt ing to kill him? yes sir. Where did yo ti hide JO urself in the wneon shed? In the lm·e1n w,gon. Did Lester hide himself clso? Yes sir. ·,,here in the upper wE.gon. How long fter you hid yo1rrself in the waron did Ur. John Loker come in from the field? a'i;out five rainut es. •..hot r:rnte did he tc~:e to come in. round the road and follouet the 0ath leading to his house. From where you vrerE, hicl in the wagon bed, could JOU see ::r. JohnLoker? Yes sir. How close to this path that :.:r. John Loker was wal}:ing dovm pass the wa?on in ~hich yon were hid? L.bout thirty feet. -:;by did Lester ·ai t until he p2.sGed by the 'v'laf·on shed be fore he shot ]--im? I don't know. C A. . ,...• ..._. A.· ~A. • A. Q. A. Q,. A. r. • ~- l• A. Q. A. Q. A. Q. A. Q. A. 0 �.. ~·emorl a 1 -:ro ro..: ... 11iot orij j'}: ::,I no· e !:J rhiJ . be.le.. no-g :; e_· + ;t 'I .6ru10 ri j rl;t Ile_ e erl, :t d;:t .-:cla ':C.c o .... 'L e'I .d:v 90 £ jon JJ O ' ,j.:3 ;; G vu •. .a9~ '? er!. . .6.[ a rJO ;t.1.eI no-v; .no1 '00 i:t -:r~10;:t bexool on ,.fieri nos .....i sri:t o;t f .i e'!0.d u f1 9jj" • .I. e a erl .fJir108 J e'1J:1oi eri+ • 0 .: • rlo oe a..i 6 ,-1 .. 0 "'.oL.:neJn.r JJO o: .'I::) 'I _[ .j f • '1) o.... • ooicf o 'J ;te~ 'Jn. , ~ lI. r r-rct { 0 .a l 11: 1IoJ. Ill:>i 'I. fl . .uo r :,"'" '! 1n,~ bino eu ;t .:i.j ~~ • tab be;tae-s a • oa • '! nl 'I'I ,o -ro.Io -:coi noane'I nl. ~ ~ ri~ non nrto • ~L. 'I.IJO~ a...,~ t rl j O _[ej .noa iO 9j .[ J[O, 'IS:t l • re1fo e..:. no : nc o '?mirl ~I.:.~ ot ~n·i o'Il i~ rr. '?fn i.... nr D :f.j • 'I .. !ll ~ I J'.CJ o . no Is""TI'C'' er o v o J s·• . 'I .• 10•' ;..:lJ. 0 ;:;- .1." DIIJI"' DOC JJO" •e rl;!"r-i' •) • r: erf II "1. '+ LO f'.b •. 3 IC [ ; n ' e.d, , • 9 11 9 • J il 9'I ·.r•1J noI TIO ( n ~lj r10,:<:_ _: l)LJ1 C'D .ach •-,t flVl,._ j·•ic .1. .... •J I o" 'J ,: + ..,., JJO'~ ~~ • 9'1 • Vi l' .6 •O'f 'l, "!'L fi ,:oriw '!'I aa.aq wo.6 ;3nl ls r .....Jr ,:e o j .U r{j- 'o • ·.cl o;:t sao.r .,.,:--:r:1 I1( dJ ?ml: • 'l01'Di • �7., both of VOll have loadecl ~Lms w en JohnLo 1 '"er pas ed the \ aeon Bheo • . YeE sir. ~. ,,lose f,lill c1icl :-oll have? . John Lo-ers . ...,. ·,:1y did yoll have John Loker' s ,an loacl.eci at • hat t imo. A. Lester said if he missed him I shoal~ got hin. ~• ~id lester miss him? .... i: o sir. · • ,·here did he l1i t him? ~. In the sicc of the neck Gnd bLck • . ~id he fall for7~rd or bLck~ard? A. 'ITristed u.rot1nd encl fell face f orw'-rd • • . Jict he J11al·e any RTOruis v.rhen 1e -r s s o -;, • 1:0 hol ered " ord". ~• ..'ere 110th of ;you. le,Jrin§r down hen he shot him? • Irias sittint; ll_.,. I don't -now ho r lester was. ~• ~fter Lester 0hot John Loker vilirt di~ both of yoll do? o Got a.ovm and searched Lim. (. 1~·as..he dead·? . Yes sir • . Eow did you ~now he was deed? ... o could. not feel him breathing. l• Did both of you search him? 1:1.. "les sir. • ,1hut \;as you hunting? • :..oney. (. Fo\ 'IlLlCl did 7 0ll find? A. three hundred dollars. r • 1vhat Vi'aS the f"lOney in? A. One of these black poc~et books. Q. 1ias it a lar e one and 6.icl it have E' string tied Lround it? A. It ~ns a large one ~nd had a string tied ~rot1nd it. Q. 'Q:ho crmnted the noney. A. Lok0r. • ,;h&t did yon do 1·i th the ~hre e ht1ndred c1ollars then? A • .!e took thirteen dollars apiece and 11ut ',he rest of. it in the bro -rn bLg. ~- ·no \:as c&rryinf tho lnovn bog? A. Lester. • ,ho.t did you do v·ith the poc ret book? A. Thre v it away. r. ·:.here? C,. Did A. U!J in the ,mods . . Did you notice A. AY1 ....r. John Looker c rrying anything? ax . . • !):J.0. he have r. cwie·~ yes. . 1lhat kind of a cane? .cl.. I don't b10w. ~ ~/hat kind of clothes was John Lover v,earing? A. Overhalls nd sham. C. 1hat kind of a hu.t'? A. He ·was v:earing a black cap. r.,. '/hat pocket did you e;et the pocket book ot1t of'~ A~ riRht front·pocketo ..,_,.Did ;yoll have to turn ...r. John lolrer c.rotrnd in order tLo noc mt book? o Yessir. (. ho did that? A. to r:et to �.. 8.fll! eh oI " v rl a n <;• V • 0 l j j .C i .fp O .[ j • n£A illJ -o iDorln j . ~ ·.co~0 I ni1 b 1 rl JIO\'; l .b.i: • . .C ,: j lm 1:ejaeI • -:c.t0 oa .ml: i -jJ:rl od blD e-rorl o *O e l i • .6'I ~.r:rO. .to l a l J • • .. . .,, ~ol IIJ~ 'I b .[ C ">=iJ O'I •• n I>-:co ~m· J"'--t" b 11 r 9('{ • a.n 1 'I o .tao.[ . ob no~ o cf ~ • L on ;t ' -:rq•o • ~ r ~'I • o.6 ;;o 9r{ - ......., • • -:cl ae • :£web 8.BW eri .mm[ JJO~ blb i'iOH .!) . 3nlrU.ce-:r<f ml :i I jon ..oI.rJoo o , ~ml [ rl ~.Ga ao~ o rljod blCT . • \';9.'10 D 1. J:Jon: ,. • OJ' C .a-r Lio .69,:hn~! n~~rlj ~n· \:9~C' 011 o • j rl • a~[oorf o~r OCT •o'1 [cf e'19rl:t 'Io nrr ev"'rl jl bl n, eno ·mi, t.t .....n Arr·,:tc f>'1rl bcr· nno ~1:sI ar1 j_ ~ '!Jl a.rJo-r· • jl ot:t .D • n'-:cjP."' ·.o belj er • x;encr e.r J n j t o -:rr)ru.J:{ 'I'1Iio b a ·r ed. ?'1 c; o o cf j ,r rl rf.j eo, tcp ~ jJJ( e-rrl ➔ n '''! 0-r o •o o er erl • ~ • ' o r Io ro. rl t .t .r1<... b • f) "109.L'!ldJ orl "" I • .be tnrJc o o.d , • 4 • 1: ~ =i ):ij ■4 ri ,, • '100:-" e ■;) f1 C'If ·cr-r.c•o c.s.1 o4 • • 'I 3jaoLT. bl b j 1 ob 11 •'!: .s jl ... • • - "' • ( e.tl;t 0 e [oo. 011 11 . 9.CT.BO .13 9VBri .x.o ■ .L etl • f:>.tT .;i • e e-v; • ?en. o .o o bni"' • wo ~8n1-rne . to o+ J-0"1 oJ -:co.f'IO J.IJO ~ -re 'au oocf je:Ioo r .finJ.JO'I3 'I 1riot .... v ae.rUo.Co .ms.r!.a .oa .'t dB l . • q.s o I o.cI cf :1.al. oij oJ .ruiot ;t .'I-- ;t.•rl o bnl 3 • I ;t'no j.:3!f I.I.sif".L)VO . • JJG'?; .fl: f> • oje 00 • • ev.srl .I.JO\: ..611..a.. ~}[cou j •oo<" c it n·.rn:- o;t .'j rl.t 0 �8 .. • Lester . . 7ho reiched in his pocket? A. I did. Q. Did you search him thoroughly? • rosir. (. Did you get &nything else beside the money off of John ::,okor'? A. yes a v,atch. C. ,Jhnt ldnd of a ,.atch? • It \'as one of those here heavy \vatches, and I believe there '\"las a chain on it. C. ~:to got the V'&tch? . Lester • • •..hat did. Lester ao v:-itht.te ';a~c ,;, A. I-Ie kent it. ~ -~~ ttxxim:1,..··mauri:::s:EX wht t did you ao·? A. .:e lL icl the gn.n r"ovm bes icle him. Q •. !hat gun? A. John Lo1rers. Q •.. 'as it st ill locde ? A. l'osj_r. r. \:hat beer-me of the e1:1""lty shell? A. I pP.t Lb. in ::r. John :Salyer I s flll1 £..nC lr.id it dovm • . .Jhere did •rou lc.y the r:un. • • Laid it do~m beside him. Q. The empty i:,hell •hich ;you placed in JohnLoker 1 s gun wasthe shell that Lf-uter had shot from his gun at .:r. JohnLokcr and is the same shell which was used to kill him. A. Yes sir. c • ,1hy d.id you put the empty shell in •.:r. John Loker' s gun unc'l then lay it 1)e:iis:e.ehis body'~ A. so theJr woulc think he ·was .hot v.ith his ovm gun. Q. :,,ho do you mean by They ( A. rhe ones th~t would find him. Q. \Jho suggested thLt? A. Loker. • Lestor • How long aft.er the tine ju shot John Lok(r dicl.. you ztay there? • ro longer than it took to get the watch w1d money. About three rninutes. Q. Then did ?OU look around to see if anyone was insight'? A. yeG sir. :Jid you see anyone·? . l.osir. ~ what rere your movements then'? A. 1/e le ft there. • Q. './here too"? ii.. Bry2..ll Hollovv. ~. '.1hat did you. have ,-_,ith you? • LoJ,.er 's shot •un o.nd money. Q. ~/ho Y;ras c[rrying the shot gllll? A. Lester • • .!ho V'aS C£>r1;7ing the money? A. Lost er. Had it in his ave rhall hip ocl~et. Q. 1 hen ;7on left did :Tau lecve the same v;ay ;rou ctme·? A no. Q. How did. ;,rou levve? A. Un side a little creek . • o 1:hich d.irect ion? ··est. Q,. Then �8 .-re;J-a J . berloJe'I ori • • .61.6 ::'.. • • ~•..i1rlg110·.corl;; ml.!i rio'Ino , ..uo"ll b.i:CT • . '!la o .1 . ,l_ eblaecf ec.Io gnl.rlJv;ru· je-s llO"ll .bi • ooq airl ~j 'loo :l:_o '\:9110m s.ij : 'Iexo I nno:, nl i • Jfoj ?.riojJ3 as 1 e'!e.'.:!.j ov0li cf I bru::, ,aorl::ij..JJ' .n to CS'<: JJ .bnl:a ;t.c:L, . ei10 8.13, d"::: • -rerl eunrld' to . j 1 no n..::.rsio ..J ~ 1bj , , o.rU- Jo'1 o L. • .,, "llVJ39rl .i:ej erl~djl. 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J- _me o.rij ;triq !lo·, bl.b v;1i. • • v;bocf si: fe lt e • t.:: - I nerl;t • Illl~ nwo a.Li rlH c; ;torL ~is I orl L1lr:.. hi.tJC T ue.dt O" •·: ~:o.rL -y;cfn em ao~T ob o i.. • ) .ml.d ~~l~ Jina ;t,rtj aeno ed . ?J j Lejue ~Ja o~ .• •.rnj ,GJ: • 'IG o.: • ~ e'Iofij '3j -:i IJO'~ J.t.6 '! )Jfou'.: :uiot, jo.ie eml;t e.i 'Ie~~~ ~noI OJ. eo·.r.dj j.tJoJ. .v;en m .n.rw.dDJ.3 1 eriv je~ oj ooj jl ..,dj 'IOt}!'lO..[ O .... • BOJ!Jnlm ':' j rlBl 13nl a rr ElltO v;M :t.!: ee a o J- .on.ao'I xooI DOV, blh netlT • • '!la ..,ev; •. nov;n.,.'3098 DO r f)i ~ 0 • '!l HO .ns j :Jd'n )I evor -rno· • jurl" S'I'J • ~'IOrlJ j !1I o ~·ooj e'Ie.d, • . ;oI.IoH 7:-rff • ~IJ0 17 rU..:.._. -.,,Bfi JJO~ .fJlt J-. ', .~ .~erron £ n nu~ jo1s a'-r roJ. ': flil~ ;to ·c.=i Lt :1nl "'£'I<10 o .i.. e .. l:n o:i- 1 n.t~:i:·.:: n • J'3 ·ocr ('t".[r{ CI".tr'rrlVO al i n.l :t • .6 ~ 1:eiu0l .oo G -r.31;1 o , .... 'J i:t ov I IIO'T b~f) j 0.£ JJO • •• i T m JO .[ • . on nc • •>• ~ 'o.i: • 0 (".; ••\ Gl Jll '9nl ~ no i j 0'1'!l riol '1 o ~ev.aeI • --::: 91:0 .A • �9. Q. Did you try to conceal yourselves on your wa;1 out of t.tere·? A. yes sir . • ',,ho.t conversut ion did you have v,i th Lest er on your vmy home . ..:i. •.. e wondered if we vrnulcl ret C[l.llght. 0. ~ \,hnt was tis reply A. Le scid he did JtOt know. Qo 7hPre aid you hide ttis money? • On ...:r. ~,ill Lo~i::er1 s farm. C. Eo7 did you hide it? A. du~ a hole under a log. r • r~•ve yon. ever be0n brec}r since ;,ou hid it"? p ::o sir. Q. ·,ihy dic1n' t :rou go bacl::? A. :1e ·ras going to· leave· it the re awhile. C,. ,;ht t ti :.e of the d£y was i.t th[...t --ou icl t e mone ? A. AboL1t 7 o'clock in the evening. ~- Eow c~uld you see to hide it? 1.. Loon v,as shining. ,Then wLere c icl yo a go"? A. Lester v:en hor.1e &..YJ.dI went over to i.el~ie Hilli8.Ins • .,.•. O!l ~rour my tome th[..t evening bJfiter the Murder a id you oncl Lester discus.., uny -pltcns that :rou might lJ.Se if :;on were CaLlc,ht and churged \ith this crime? A. Y~.., "'ir. . ,het were those plnns? .A. rut it on Lynwood Heiston·? Q. •.. ho SLlg[eSted th[.t '? 1~. I did . . ".Thy did --ou suggest Iynwood 1:eiston? A. Because he thre:c tened. m~Tlife • • Isn't he your first c usin? A. Yes sir. Q. 1Jhat did lester sny 1..rhen :rou Sllggested "Jutting it :m r,;rnv,Doc...': A. 1:e m::id it v;[,,.s &lr i5ht • Q. ~o~ cid you ~gree to do it? A. I tole. him if re rot ccught ,.e vIOulc ·mt it on Lynv!Ood. c.. !&s L;/mrnoa. Le is ton in the vicinity ut tho t j_ e the m· rdc r -rms cor:1"1itt ea .• ~·,.. .. ot thc.t I l.rnoy,r of. ' • .,hen youf,'ot to 101-ie ·,il:.iams hor1e did ~ron a.isc1iss thj_s i.--ith her. I,.. _osir Q Did. ;/Ol1 [,tay there the rest of the ri""ht'? • fos sir. r ./hct cic' ,_ron d.o on t e follo··inr, uay? A. ,.ent 01 t -to omer tJ.r-c:-cs. Q •. h~T clid .,-ou fO to 1:ome Alge rs? A. o get so~o grocerieR. ,.o .. here din ;rou t· 1,,o thm e groceries? .J.1 o _ ell ie '.,::.11 iar.:is. ,_. ~-ov1 lonf, hE.vo :Tau "rnO\·n Lester =.oke r'? 1- • ~-11 m:,1 1 i f. e • "". . 1 •;;ays bee 1. good f rienc s·? b.o "'0 sir • • 2)irl ~ron. stay , t .1-'.olJ.ie ,,ill items Lll duy. 1_. I w'-'s t ere all clay until thut nieht. o • hat did you co t. o.t night? :i.. Called ~ taxi. o 1.hat taxi? A �.e c:;;!=nerij lo .8.cJ.Orl V:,ff.l j.uo '.,.t3:v -:c.uox; rro aov i'1B'ISJO ~ I '!JJ0'{; 110 'leJaolI o;t -v;·:rJ JJO'('; fJl:<I • • 1:la aev:, • A eonoo .r{j-1:w ev.srl JJO'{; .jri 0 .biJ.JOl SW ti: 5 SJ.GO j-9 no.i:j blf) ;tnrl\,r ar.£0Vf100 ..b9'I3.6!:'10W 9,i 'i'·r.Iq9~f al { an r ;t,rl, ttt:I . won.,[ ton b tL e L 61:ea e.J. . ?v:,orron e1Jj sblrl DOV:, blh S'I~rl: .m1:.si n 1 1:e" o.: I Ihr . 1:.: rrC ?jl ri lJ ric ~ L.n wor: . ~oI ?;tl Iil-l .uo ~ eorrla alort 1 i~hn1 fi'18cf 'IeVe ~ o-,•cf e JJO 1: ~JJ..6 OV !l o.: ."!19 JJC'': j-'n.6.tb iir! ... 01:erU jl 9vJ.;;1I o_, ~ ·l,;3 a.3w e, ;t.nrlJ j l asw -v; .b i:dj l j j • ...,fi l ll.J • 3 J j ni • '0 0 JO I C \' ;; ·, 0 cfL --'c:;; j-1: e[)i,i Uv 998 rrc-~ J)IJJ a WO~i c;,:a:::i - c:;;-v;erromerl0 .eil:iw.e .blrl J.Jov; .9 •~ . ...... 0 •.. . •il <;.J. .,.. o-q 'lo e. • ·-h, . 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Y.[£) '.j ..3 1.i I . ,j("<_t.r: j 'i o· non F}·, J"'rl • lx.sd • hslI ~v • ?.1LJ'7 j.t51{_ l G Q~.J A �10. Bud .~t nley. ,here d.'Ld. ;7ou cal • .h.. N':".'lc'n _JOf fle 7YCrS the :~~i ~river sir: ...,. ·,;ho v:1:..s,; .:..th you.? ~• ~id this from? tLxi • co~o? ~- ::uy illiL.'18 D.lld r.:..rFinia .illiar.rn, her • TJ en \7hc>rc clid Oll t o? A. "Doi;n to ?oner 11 crB store • • ',J..,,t clid you. o r_t or.:1or i1.lgcrs store? ~•~. r,ot sone p:~ndy. r • en '. _ t .,, . L...a. ""ivc io ''0ll 'ol1c1' U hc.VC CO''Sin • clo'~ C"t ....poC.. t~.,t-fi e ol,ers -, ',Le t~xi. 1 r, • 0\ r rmc] S + E' ~ r Xi ' 1 e? n. ~hrec d.ollarE. r. ,,tere Cid :·0L ·n .:.n the tc.,.xi·~ • _, 0 T t O : C :2_} i C Ii 1 iL. r:1S • )l[ c lu? • .:..,id. ;?oa ·o tny ...... I c..T..,.i sonb u.rg. rLv d.i( ,,:ou do ::.n - &l' L.,Obtlr' c1u.nr·0r? 1 0 Q .. ,. ... ent to '-' sl.1.01:. ..ftcr .c lr..,.,t tLe .._}o. ,, e .o • •• rl ,-ou. bu.;;- an, thj __ ~g else~ ·"'·• . :r O11 0 f CV O H... , .:..1.1 • • _ en • ere - .i. - o ~ •o ? . • .. e c ome • ome • • .l -t dime c • ci --o Ll r·et ' one? .o .• 12: ~ 0 or 1 o 'cloc· . • ,[-...s Lo'~1;r ,it. you.? _.._. yeu , ir. ,0t st.-- c· t. CTC t} -;; Li ·l t. "(,• ·,11 e 'ici ou. fO? .1.•• Lo.2t -:; 01' in the cr.n:nj_nc n • ot iL c r . . he::: c di : on r-o in To: E. r'. c r? 1 ".. ,._. v• e.~t to •:J:f'l'(' ....1·o-ton. •.:. u t . Lmt • 1 ...I.• cnt • 11.:. . 1, . J:1[. I "'. .._ • 1: L • .['u.r 11e I' 1 or '\ h, t reusJn A •.. ent U') tLere • .uid you tell tr JUble'? 11. ~~ o sir. • .Ui rl_ ~-oLt stey A• .1.,0 sir. t: t Se l Vi Ce ~ to get my yoLu Uncle a::!.ni[:ht L, 0 th::-t Did ~,ou le'-"ve 1jhe 1--ire 1ises A. l~nd£y evening. ,,. '..'/here n.id ; ou c·o? o r~ o .OlH.10 L t 1- - C LJ.rch rt 0 c1.iy? j_ Il • hr .1 tnL1 rcst-)n there'? C to h. t . I'Lnnor 1;ythine; a.bvllt this �.Ol • -v;el:i j~ irn ff o.1. .blf> e'ierL.r •,p el 'to f1.'31'1'to"· • .a. .i:X:3'I erit r iC... • J ~·:'JO'i'.:t.i:x.s;t alrl;t ll.no JJOX: • a·Io ~•9PO o ·rev l'I a -; :'Ile;, rLt .i:TTam: orl\. ~ , 8!"'.1.81.IIlt nini:: -r.: f)f1'3 l"'....,lill • -v;n~: ~O.\ oo f)rb ~•iqrf·: .cterl'T • • e1:oja a'Io-,i 'Ie,--o· o;t n ·o .. ~·.Do • :il i Jf'O -rerl ~·e'Io ..... ..'I'l:1D i H T o • J ~ cf> • - t.:.o i o: 11 '0 :)[10 :· O .6 JJ O : Jj 1.6 j • rl-v ~ ... l r O -+• ' , • r:: j • . ir _!') • • _J " 'i rt '"'J ( ;.. l) h r,. • . a, ..Jl ll , ol.Ll>.oj 1 • ?'1al oo·lq ,::.flJJ 0;1 JJ o ..: bl . • g'IJJcfnotil"!'I...,li • ?~·:uicfoa.i:'I'! nt o.5 .DO"V;i>l.b "...; L. Q • u le OW 101, ::-i_:;t ;t ).[ o.: -;coj ~·e I.) ! • ij .r . .c· •. 10J 3 cf 0 J•, ~·o o;t ric .t i f1 <:>~ D .. 'j ' -1-; { .J.1. ... 1-1- j[ '() :U"i'G • ... ·.i: [ •. u. . (' :t j .. __, r I" . l u.o ) ()' .o 9!'10 f ~ Ill () 1 V . . . • .H. •...I. """ ' - .:.~ j ( .. MO ·.r [ ' ,, ~ ._ : ) I• L' ' " no ' """" -1- r • .• "'Lv [. ,, .c l+ ·o I " .I \. ... . !j )ft I. oJ;.l. or.... . .. , J ... 0 r o .o '"i 0...,JJO ' • .oo·- f • CJ lO"f" 0 .::0::. ! 0 {. 6fl0 D 9,. • I [ y,- jn_q,. • ').[ r + • ~ JJ O • .., 1(1. Jiti.1 r n al:L jm U..J ·,3n.t.{j,ifl.B i i Gv el JJo~~ bl y .;3~t£1evo ... :1I)r10~,r .1 . o 'Jc., .bl h 'Yi e rl ; • • ll' t J .. eat·; ec., ..::'-:::oi1'I.u':.. •~• _ . fir 8.3 9 'I ;t-- .d I 'i0 .,, • :,J • j J ..J.'1 n r ..... ~f! ;t0~ o~ Yie.~;r r u JI!e, 'IeH.::.iJr_ Il<. ~h:L)'! ... ,).(~nu 'IJJo~~ r..:::eJ lloy; 0..:.1... •.;J ~ elcI.iJ' '!j )'!,.... r,: . Ll ~ 0 ·~d'a, o. F,.-(, •.l • l"l.. • . ..1 . �~ 11. (_ Where dic1 ;-;ot1 cto"? . bt.c}~ c1o,;rr to ellie :·:illL.-ms. Q. ,he t t ir:e of ,he dcy ,".id ;"OU get b[J.C - home? A rboLlt lo oclocl monday nie;ht • • You stayed there &11 niR;ht "? A. Y, s Sir. r • ~Jh:=-t ciicl you do :::'uesclay 1-orning? A. :.•r. Eiser come down I'uesday morning t. nd got me. 0 • ..hen did yo Li .:'.:irst 1 earn that they hud found ~~r. Loke 's body'? :.londc.y night • • How did you lerrn th~t? A. :~r Uncle rest _,n Turner told me. ·;that ,did he suy·? A. iound •.,r. Loker up there shot. Did you then cet in toLwh \.ith Lester Loker? A. ,.,,o bir. I did not see ::,ester Loker until Ttiesday when they brought him to HarJ isonburg • . . On Priday uocember Gth the dcy of tl is er i· ,e were you drt1nk or sober. A. I hrid been drinking. ~. :But you knev. what yot1 v:ere doing? A. Yes .::iir. ~ ~as Lester drinking? A. Yes sir • . _\'Jns he c1runk? A. :i..o sir. consisting of eleven ppges, The &foregoint',' statef'llEnt/ht:s been rcr.d to rie, :.nd is understood b;i/ me and is given withollt u.ny threats or -...romi. es of reward being me.de to me by anyone for the r>urnos e of obtaining this statement, r nc1 y·i th the knovrledge on my nrrt that the 8tatemc nt mey be used agLinst ne • nd -,he ma vers tnd facts set forth in this stater1cnt ere trt1e :,o the best of m.1r1-cnov.'ledge,finformation "nd belief. l,.. 0 �. II . 0~ ;to . t.1orl. ro • am l II J:JO. Di J:10 • l I - • o ;t D no • ;t rl')l :1 . ;trl-o.L .-r..i:'-' u ~'8I1.ln1:o.... Il c,SIJT o.6 J.JO .bl: • m ;to·, .tn.. -snl:n'Io • baen ... n ro.f:J emoo "Ieal .-wolf a' e,!cI bn..10 .1:L• s:l;t b'1.d ;t..3.ri., .n: eI ~ L ;t -r.i:' . ;t:-uU n • em hio ;t ·r • • b l i. 9 "f;; ..... i • ;to i e-:rerLt IJ J .'! . !Ul~· . O.J:JOJ" nl te·1 .'lo:i;t ri 'ieJae _ ;toi b.i.6 .-.rl ... o ..... ._ .~-rIJc.fil i -r . o ;t ml .1 ;; n c/r d o r b erU [;t-0 -reJr. e oo'-'- ~bl'! .-:recfoa -.ro . -snbinl ·.c.6 need' £> rl :::: .,. ~23n.tob 0-r.s,1 .ao· ;t.c.dw mmf r,o J.J:Jt..• .-rl .... asY • ~ Ill~ni-.rb -.rs;tae~ a .&. .• s:io· L • -:re;tao 1.:...,.ru; -rs ·o li!UJ'l:.6 lJ "i: 91:9 I .t-ro alr.;t , eo-s q .rnv le to l j ... • o .A al I:>n , or o • ' 1"9 j .ta "1,1.i:o~e·ro 1 o i'I as .i:mo·i 'iO a :t ;t r10v t1 cl M3 • :J b <,o;t...·.rntnsJ n. n.L.,;t cfO o 9 30 f! ~r IL, •ci er- o"" eb ~.n "lcfi.f S cf .O'! , 9'I O ;tn me;t1j { edJ :t Ii;; J'! ~· •. :10 e~ 9l 1on~r erLt·i 1 r rJrr ~ , j 1erneJ ·;ta s..i: 'j Ill rl;t-ro~ ;tee a+• ~ brr a-:ca n 11 brr 0 t ... J -, 6eaa ecf ~sr I1ot+1m·rnlnl: ,e .bel ;o •• :m o ;t 0 f ect o eTI~ e1: • Jrt'l '1-" ,jc t ;t eL :ecJ La· �~r ~ t' /:. ~ ~ : Q ~ ~ ~ Cl �In the Name of the Commonweatth of Virginia: To the Sheriff of Rockingham County, Greeting: Yott are hereby commanded to summon ... ............................ . :::::::::::::::::::::::::::~.::::~~J::c:~::::: ::::::::::::::::::::::::::::::::::::::.:::::::::::::::::::::::::: who stands charged ivith and inficted for a felony ~ And this ..... ~............... shall not th m IM, W,U. day of OBERT SWITZER, Cl,,k of o,,, ~.W,.. .. 19 '-.0.., and in the I omit under pe11altJ1of £100. ""JJ;:'• ,t th, Cou,t Hn"'• th, .. SERVICE PRESS, HARRISONBURG, VA. No. 4H J:.I[~ JL .. year of the CJ'm11Jq:rdt1;:J,th . .... ;..,...../...t;;,7 ;:.~~:P.V.. 4 THE And have then and ., Clerk �0 �CO!1 0:.,., ..\LTH OF VI RGINI , co~mr_ry OF ROCKINGH...: ' to-wit: In the Circuit Court of said The jurors for the body of the said Court present at its that 1, 1935, agree Carl in the kill county murder for him, the thereof, term, 1935, and Lester aforesaid, felonioisly John E. Loker, then thereto, . Loker, John H. Loker did against and there and with shoot the peace being said the agreement said Carl in said intent county, to kill and and in pursuance and murder and dignity unlawfully and there as aforesaid, and kill December afore- 6, 1935, with do malice of the they, ecember John oaths on or about and in pursuance did on said said Loker one John H. Loker, Loker, the upon their to unlawfully state, in and and nov attending did then and as an advance and Lester in wait Commonwealth of Virginia, of Rockingham, together of the and conspiracy, lie Turner and murder in the peace Turner county December and conspire thought of the County: him, the said of the Commonwealth of Virginia. This John Logan, indictment Clarence :!)r. F. L. Byers, jury to vive LPake, ,itnesses 11 evidence. is found on the "' . Fi. :3oice, sv.orn in Court testimony Joseph of E. ~- Kiser, .'. Bazzle, and sent before and the P;;rand �Lurder { t .,~ ~~ ~ v) Indio tment ,, Carl Turner and ~I Lester Loker 11 1 ,-. ~ ~ Felony Drcember + term, 1935 1f t orem~"' •✓itnesses: ' 1 ~~j~ J -~i .·I A True Bill: i ~ ·Jl l ~ \· Co:mnonwealth D. ',J • E. E. Kiser John Logan Clarence Leake J. H. Boice ..,, Joseph ,, . Bazzle Dr. F. L. Byers Eannan Commonwealth's Attorney ~ .0 i\ ~ ~ r ~ ~ \ .tf }- �In the Name of the Commonwealth of Virginia: Y mt are hereby commanded to su1,.mon .. ~~er;f th lf~ ~~~e t~:::X'~;::::~;:~:::::~~::::::~::::::::::::: :~:::~:~::::~:::~::::~::::;;,~ who stands charged with and ·ndicted for a felony 1~mmar. And this....... ........... shall 11-ot omit under penalty of £100. And have then and ~~~ Witness, d,y of ~ J. ROBERT SWITZER, Clerk of om sa~t-rt, ~ 19 :ff.,,md m th,Jf at the Court House, the ....:!.~ ,'J ()~//;:)~ ~ THE SERVICE PRESS, HARRISONBURG, VA. ........ : • Cl"k < FORM NO. 5 �Executed February 24, 19j6 COJ)'.' of the Within SUilli.lGilS oerson: fl • Ernest l!am ~ £.~ by delivering a true to the fol ....)Wing' in ~ ,,,, , ./? / ~ .Ii.~ '//U~/~;(~~~ ~,~ ~ r~~ //~U/~./tt!f:7:: JI!--*' A~ I /4. \ ~ l1J ~~ �In the Name of the Commonwealth of Virginia: To the Sheriff /:..L,~ You are hereby com1~ed County, Greeting: ...£.~~············ to summon ... ·~~.t.l..:~···:···~·£J~ o! RockJ1;,rham ........ ~2?J:3....e.~~ ........ . •~;~~••E•~#ti!~••• to appear before the Judge of the Ci!}:3t Court of Roe kin ham County, at the Court House thereof, at 9: 30 o' cloch,'a. m., on the ... ...If~ say in behalf of the Defendant ..day of. .... .Z. ........ . . ..19 J t to testify and the truth to in the proseeittion of the Comm nwealth against....................................... . f :·.::: ..:·.:::·::::::::::::::::::::::::::··:::::::::::::::::::::::z;;;;t.~·.·:.:·· ••·:·:·.·:::::::::::::::::::::::::::: who stands charged with/'';}} indicted for a felony -mi,d.emeanor And this ....... ·······~········· .... ....shall not omit under penalty of £100. And have then and there this Writ. Witness,{_ RJBERT d,y of THE '7~ SEKVICE PRESS, S\VITZER, Clerk of our said 5JJ_rt, at the Court House, t~e ..... 193&, .,,a ;nth, /tf,~1~C::z:w"/t HARRISONBURG, VA. 7..~ ... •............., FORM NO. Cl"k 5 �,_xecutea;}-7. a:.. _______ by de;,veririg :.i ·ue co tcv1!f:_.~~ 2'~✓./4>~1~-~.L~ !J.,A;;:£-, ----of the witn1n summon ..--~- t:.J'~A-11~, I:.' , v '~/- ~ ~ ~ ~~~,~ / J,f ·- -;r~--···r·· ·-•--- 774..L✓-5'~-~ -~·· ' • rlc{,4 /4~,'Jz,,v,,h, 'f/l'r ~ h jn pvrson. , ,_, r /J ~ ~ t "' I ~ i~ ~ ~ ' �Friday I, accord, morning, Carl Turner, make the with made to me by anyone for the purpose on my part that this will the murder and of John This statement or promises of this statement of reward statement and may be used me. We planned to rob John Loker Sunday before we robbed Lester Nellie Loker, Williams, and killed Williams, him. Lester Williams, said he~new where we could Lester a place buying and Christine asked money, on a trade-in. brother, Lewis. Uncle John's getting vre stole He, Lester, place to see if chickens this John's. We planned was alright his asked if we got the money night. night. to pull to meet in Bryants from my he would go over everything Thursday everything Williams on Monday night me that Annie Frazier that a new V-8 if we got the I did not see him any more until that money was running Nellie chickens told on Tuesday from hlrs. his below Bear Lithia him about on tne-------- Virginia get some money; some cows and hogs. about City I mean by ttwe" myself, Christine and May Williams. and that in Shenandoah Uncle John had sold time, a. m. December 6, 1935. any threats against short regarding and without the knowledge 3:00 , do, of my own free statement afternoon, is made voluntarily 17, 1936, J_ S age following H. Loker on Friday being January was alright. We stole He told this to his me, at this job at his Uncle Hollow Friday afternoon, December 6, 1935. I left him l!'riday morning, I went to Nellie Williams. Christine Williams, Williams' home about Went over to Bryant there on.a Virginia in it. We left there selling Williams, Villiams, two thirty and myself p. m. Friday, I took a oak tree. drink and went up the creek a little left the December 6, 1935. Loker sitting He ll;ld a bottle and gave all the chickens. May Williams, Hollow where we met Lester rock at a big whiskey Nellie after with sone of the women a drink. ways and crossed on ��Page 2 a dam of rocks. Lester I carried leading the way across and Charlie Himmler's John Laker's home. mile We left pulled the Lester and myself behind some cedars, While laying leave going crawled through We crawled stooped over, the wood pile in the hole In doing this, it on. Lester down stairs while got a cold open. Lester I held found this the clothes. Lester got a green drawer in the back up stairs shell, Walked by which held window fast. Lester in. open and searched the the door which Lester set his gun We go up to the he ad of and a hammer and come back both was; searched money in the west Lester I broke the trunk the for the end of the trunk, 'I'he money was in a brown bag. No. 4, twelve the intention a stand raised I handed his opened door. chisel room where we· broke with the of wood to break hand. Lester and myself I where we house. out of the window for Iur. Loker. Lester stick. carrying to the back room where the trunk watch house. the woods to the crawl up stairs. his out the window so he could on right him to down in the to the drain broke a We saw him late up a stick I went in this the money. picked finger door leading trunk fence Lester down beside keeping the fence--Lester the window to him. had a Yale lock steps. under up for We laid corn field, in window to get stick window and I held gun through the to together. Mr. Loker to leave. we got to the chicken he cut a half on a hickory down through out with. it the woods. going where Lester window glass reach for Bryant's the women, Lester and placed was trimming down the rail until Grover to see Mr. Loker leave towards We got up, leaving overalls Lester between ~e then went on almost After watching down watcning afternoon. gun. house. , the creek· of the women about went on through there, the house fence, all gun out of his across the fields to the woods~ from Mr. Laker's was laying May Williams there guage, the trunk of breaking with out of dresser open. We went the other some drawers trunk in the stand. ��Page 3 Found nothing there. we did not break r We saw Mr. Loker the trunk open. . Mr. Loker' s gun from behind first, carrying We crept gun. down beside the gap. kicked his a rail house, We came down stairs door. Lester I followed the picket We came across coming towards fence, the branch out and we crawled and got went out the door w~. Laker's him with instead of going side the rail through the fence so gun. through fence. Lester going around above the grainery. We loaded put the green shell in his the shell gun. I got in the possession. the bloodhounds at the gun. At the Lester from trailing gun. Lester time we shot, feet from us. 'oh, as he fell. Loker, left setting Lester side, pocket.' beside us. caught and said I reached of his pocket. around it. Turned Iiir. Loker Loker It Lester in his was a black forward failed watch over on his face to keep Lester his us and was about on his face, kicking moaned, over a can Run down to N.tr. side, turning in his and got his pocket took his gun to fire money is pocket his ester right to me, 'His John Loker's hammers back of grainery. him by the the yellow Mr. Loker Mr. Lolrnr had passed He fell I We both pulled 'Fire.' corner put with me with to kill We jumped out of wagon bed, of nails wagon bed. top wagon bed with then and I said, thirty-five Lord,' into got in there We decided same time, getting in John Laker's gun in my possession. in his gun before him on his right pocket book with front book out a string away from him, at and we went east that tied time. of where Mr. was laying. Mr. Loker had on overalls, gun beside him on his west yards from this point, him see how much money was in the pocket took the money and handed I laid his side. About seventy-five me to let sham, and cap. it to Lester. He said, Lester book. asked I 'You had better �l �Page 4 throw the pocket in the field. book away.' We come to a draining, the woods to throw circles around went through my sham off, the noney--Two Thousand from pocket on. book. I took Twenty-three Dollars, \:e built lays it had this the fire out, .kicked leaves leaves to cover spot where we had the fire. a small brown sack with all under about what Lester yards west to leave and I took, of 1/ill Chris1iine lit I gave Nellie Williams' the it it. Ten Dollars going over to a log. ·re du·:; out of money, eisht except hundred of woods. \le morning field home and we came through home, arriving there about in the a quart of liquor I went down to I offered to pay her Homer Alger's changed lilliams, them I got we eat worth. on the way back home; Paid ~l.00 for store, evening, buyins 1,ay, Virginia, Bud Stanley from Elkton got cigarettes so I could pay the it. and I went to Herman for and candy. taxi. supper ard I went to Homer Alger's ~3.00 to call groceries, p. m. stove. about On Saturday Dofflemyer's Christine the eight house to keep her mouth shut. I came back to lellie for agreed a while. to get some celery. and I went to bed. Saturday bill in corner Dollars. They asked me where 1 got my money and I told at Hagerstown. there, log, lamp and I made a fire my _unt Lona Turner's for for went across woods to Yellie this Loker' s house the money there Lester id the money under pocket. qnd carried Hollow, 1e and placed counted money in his :,:r. ,....ill Lo.Ker's where hole ground Three Hundred around, All of us come back to Bryant le fire down on the took Thirteen He put to of a little and Christine and Lester tne nearly the same purpose. in brown bag, Lester fence He made a couple Lester Dollars a rail waded a stream to where the women were. I pull across in tl1e woods for the money to be counted Dollars it the bloollt:hounds off. some trees out of leaves. for throwed The taxi a taxi. I had Five Uent to Dollar came; we got in �.. �Page 5 and came back to Nellie there Williams, at the Williams' including driver, home. all back to taxi and went home. Stayed the rest house for Arrived there Stanley about and I left house. person. Lester ent no one come up on us. went to Ott Bryant's Lester Howard \lilliams whiskey, asked him if he had any whis ey, have any, but he thought I got a pint the lane over and-. going told H,-ee into the hill. a drink out of bed, for Christine I called his friend ten-cent \fill drinks Laker's. He stopped me to hide tank with so his I met Lester ;iilliams there, the seven and we went to church. was over, the outside, we found Hettie stayed until not there see me. of us, we all about see him any more until We took place. Filled Got Silas five arrenton He the Williams, p. m. to the taking All went in the ~\.fter church me up. in Lester's Came back about Left coming out e went to car, home. I walked we got Vir six of us. have some. to keep house until back from Warrenton, all inia. e didn't brother's at Elkton. and I of from Jim Bryant. wouldn't gas at Gordon Loew's car door might going by his brother took him over to Nellie next woods Valliams. aid the car and picked and went to Elkton, outside gave him a drink e did through went home to get his to get a dress hard. went through to watch Hollow. the Lester I stayed back to Bryant Went one a. m. the same window and hung the watch on nail. to see that and Lester. It was raining to John Laker's found on nis of liquor. 98¢ a piece. Lester Sunday morning. Took the watch bacK over not want the watch and got a pint two dolls of the night. early Loker seven of us got in cab, went to show except Come out of show and bought Williams' All came to John -lger's Came to Harrisonburg; there where we found Lester church went to IJellie' \lilliams Silas Willia.ms except home Lester. s home, where, and Jim Clift. two a. m. I.1onday and he left. 'I'uesday illiams' in Harrisonburg, on Lester I did when Kiser ��Page 6 brought me there. day we killed Vie were both drinking, John Loker. Given under OfJ1bW,ribed and sworn Uy Commission expires March 18, 1939. but not drunk on the my hand this to before 17th me this day of January, 17th 1936. of January, 1936. �t ���t(j' 1s;,/c.cf 1.P-C~ $ ~ ?e /,..~~~-~ ✓h A.A.-EA'..JYZ,,1",'t, I ~~ 1/" u cl (I... i ~ c;,-~/1~ ., iJ ~ c~ t""ft_rl ,,,Ii v/ I /2..£ I: ,,,_,,_,,_a;&t z--;:;; pi I L'. ,..'1~ = (VI ~ r / A ~1 4 /4-J..l ��'1 ~~~~ 7/4. ~.,,...__.~r ~ v-r~c.c..~/4,c..... ~~ / ~ ;;t;z ....,,.,~ ~ r lo/ ,a.c:-~d • d" ';/":u..-,.. ~~✓ · /C,'3~ Ii /;)-, .,~ l ' ~ ?;;;;_;.,e 1 ~ lrr . (Yh,,- ~ ~ S,' r-~ ,e..,,;...,, (1,1)-'U/h·,,; ~11,L~. . ~ ,r ~a&~. .I • ~/Up£ fh,t.- ~~~ 0-,-,...... / f-rn-Mw. lJr·n,e 1-=- 1 ---- �, �~ ��' ~ -,l'/!J 1~(1; Q'U.,f}'- fNSTRUCTION I .J -du~ The court instructs to.-.:tho ju:ey from all ~it that jury that eJTidence was in every respect the alleged threat. confession or violence, threats, playing persuasion, personal assault, from all the said alleged confession any of the aforsaid voluntarily against invective or duress in this through statements, in authority; HARRISONBURG, AT State vs. Richards, Leers Criminal and made use of from thesaid then you are instructed defendant that 687 by it was no it as evidence case. West Va. 116 - S.E. Law fright in the case that LAW VIRGINIA over and if the jury & HAMMER ATTORNEYS fear, nor by any exercised, not consider or or implied, questioning, and circumstances made, and you should the defendant or obtained was obtained methods, direct abuse or violence, or persons the evidence made, aud by any sort ei. ther persistent or undue influence or held out by any person believe was not obtained ca-ee, in tho and voluntarily upon the emotions, ill-usage, intemidation freely t~e alleged~ cj rcumstoneos end of any influence, hope of reward, artifice, ~afore nor by any promise, nor by the exertion HAMMER Pk~~~~~~ the -the /4,___t. ��The Court instructs believe from the evidence alleged confession to the guilt him in this the that ments or any part such statements, still thereof as evidence you may may have made an statements of the charge consider if any made by Turner, of said although and other Loker, you cannot by you as going to the credibility to the guilt Carl Turner to the officers, of the defendant, case, jury that as against any such state- against Loker, but can only be considered of said Turner and not as Loker. (68:46) �., �INSTRUCTIUJN NO. The court reasonable the jury doubt as to ffhether charged, rule in its of law inflexiable jury, to acquit believe defendant offense to give the benifit him, unless beyond all aided, charged that if they entertain or not the defendant at the time the offence the HAMMER instructs Ir ----- was committed, operation, abetted was at home then HARRISONBURG, AT is the of sach doubt to the prisoner doubt that or encouraged by the evidence add to in some manner the the commission in the endictment. 8c HAMMER ATTORNEYS it end the sworn duty of they are constrained reasonable any LAW VIRGINIA State vs., Lowery 430 205 of bhe �,.. �D. 1i. EARl,.AN, COMi..ON,EALTH I S TTORNEY TAKE NOTICE: That on Saturday, to the Circuit in chambers Court in the of 25th day of ockingham for .aebi011, him to certify all orders him to certify all exceotions of that case Loker. entered while of the On that in that and all on trial 1936, I shall H. &. Bertram County, a transcript of the Commonwealth vs Lester progrees pril, record date sitting in the case I shall cause. entries apoly I shall made during in the Circuit Court ask also ask the of Rock- ingham County. Your applicant ed in the a reversal trial is of the opinion of that thereof cause by the that and he desires Supreme Court of Respectfully rvice L 1 ///!// ~ HAMMER ATTORNEYS HARRISONBURG, & HAMMER AT LAW VIRGINIA / ac epted / this / 20th error a full Commo~eal th Ps Attorney? record ppeals. submitted, day} of 1/ / has been committ- ebru.Ar, and ��I I I ! D. ,. R. N, COM..ON rn LTH'S EY TT T KE OTICE: hot on Saturday, t e 2o~h doy of ril, 1936, I sholl tv tho C1re 1 it Court of Rockingham County, H. W. Bertr~rn 1n c o 1n vnet1on, f .:>r a tr -he Cor rnon co th v l h c:1er . Le""tor n er >:>t of th Lo -:e . t 0~rtify ell ord redo tared t0 certi:'y all o.~cc. t1 On t. that 1 O"v record date cause. no and a 1 entr s r1 tting L tho cose E hul I cloll ask oloo ns: do du :ln n "::ho C!rc . g I ~ ap ly the t Cour of Rock- ~a Co'i ty. Yo ,d 1: r~vor ?" t;l o tr p 11cant ~ .,_ 0 1 t ereof i"' t.:t· t y ...he 0 ca 4·he 0 opinion +-hat er nd he des Supreme Co1rt res 0 or !n n full bcnn co :r-cco p e ...ls. ' aubm1tted, Legal and timely service accepted this 1936. Commohwealth's Attorney HAMMER 8c HAMMER ATTORNEYS HARRISONBURG, AT LAW VIRGINIA 20th day of February, ttnd ��VIRGINIA: In the thereof, Supreme in leth., the the sedeas therein having that the said and refuse said a writ court day of February, by said court that of error 1936, seen and inspected, writ which is to affirm of error the the said Lester then Locker, Locker Commonwealth for the court right, and super- Lester v. of the said be life, of the record being doth reject and supersedeas, judgment House in the cause and a transcript is plainly Court of Rockingham county House of this considered, judgment the 193 6 •. of the circuit been maturely at 'lhursday on Loker for in the Penitentiary of the judgment held of Commonwealth of Virginia was considered confined Appeals, Staunton, of Lester on the 27th., pending of of September, of to a judgment prounced it City day The petition Court of opinion said ~he effect circuit court petition of of Rockingham County. VIJhich is ordered court to be certified of Rockingham County. A Copy: to the clerk of the circuit whereby ��IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA. PETITION FOR WRIT OF HABAESCORPUS AD TESTIFICANDUM. TO THE HON. H. W. BERTRAM, Judge of said Court for Your petitioner, tqrney wealth vs. witness Nellie May 11, 1936, ginia State attend Williams, and that as a witness without the testimony of said Carl this in said case Court on in the Vir- and is willing and ready and that he cannot your petitioner who is in this safely your petitioner proceed prays be granted, a writ directed demanding confined that him to bring in the State to give testimony STATE OF VIRGINIA, County of Rockingham, This day D. W. Earman, and for the oath that before the body of county and state the matters aforesaid, and things .stated at Rich- of the Common- vs. Nellie Williams. Petitioner to-wit: the me, Pauline of Penitentiary on behalf of Commonwealth of Virginia appeared to trial to the Sheriff afiFAttorney, personally to Carl Turner. Virginia, Court trial trial, that ad testificandum Turner, At- Carl Tunner is now a prisoner aforesaid believes mond, before wealth witness and verily corpus shows that for at Richmond, in the of Rockingham County, said assigned said Wherefore, habaes respectfully Commonwealth's for the Commonwealth in the case of Common- Penitentiary is advised County: D. W. Earman, of Rockingham County, is a material said above named petitioner, r . Andrus, a notary in my said county, in the foregoing pub lie in and made petition are true. Given under my hand this (?~ 1st day of May, 1936. /J,1.,t, ~otary Public �. , �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA. COMMONWEAL TH . CHARGE TO 'IHE JURY. vs. . LESTER LOKER • Your charge of the felony is to inQuire as charged If you find dictment, and was wilful, him guilty tentiary or, for life, dictment, find his than first punishment of murder, deliberate If you find then him not guilty, aforethought you shall find his punish- by confinement in the peni- than twenty as charged degree, in the penitentiary twenty in- and ascertain with malice second in the with malice and premeditated, in the by confinement nor more than as charged any term not less him guilty is guilty or not guilty. degree in your discretion, of murder accused and premeditated, and the same was committed him guilty five indictment of murder, in the or for and was not wilful, the same was committed deliberate If you find • the of murder ment at death, in the him guilty and that whether years. in the in- aforethought, then you shall and ascertain for not less years. you will say so and no more. �I • �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ................... ..... .. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::11~ who stands ~harged wit~ed for a felony mJ_sdemetmOI'. And this ...... .... ............................... shall not 01mt under penalty of £100. And have then and ~~~ Witness, J. ROBERT SWITZER, Clerk of our said--J;l:}, at the Gou.rt House, the day of ~ 19 } {-rand in the I -~ .0 ···? of the Commo7ealth. ~ 7tJ. "..)..- _ ) ;};·7'··~~-, THE SER.VICE PRESS, HARRISONBURG, VA. Clerk FORM NO. 5 ��1. Contrary 2. Admission to law and evidence of evidence on behalf of Commonwealth over objections of the accused. 3. Failure to admit 4. Failure to give evidence certain tendered on behalf instructions tendered accused. 5. Verdict is without evidence to support it. of the accused. on behalf of �• �-· \ f",-;_ ~~.' • '-i-rut/{~ t/ I I 1 INSTRUCTION NO. I The court being with malice murder which other murder \ kind instructs the aforethought is perpetrated of wilfull, in the first jury that is guilty by poison, deliberate, degree. / whoever kills of murder; lying in wait, and premeditated a human that a or any killing is ��Instruction The court killing infers further is willful, malice instructs deliberate, from this fact. No.~ the jury that and premeditated, whenever the the law �\ I �Instruction The court a willful, sary length that that further instructs deliberate, the of time at the time the and premeditated intention prior such intention ':J No. to kill should to the actual should of killing, come into jury that to oon sti tute killing exist killing. existence or any time previously. it is not neces- any particular It is only necessary for the first time ��Instruction The court from the evidence and Carl Turner, murder did further that present and that and kill at the instructs a conspiracy John H. Loker, shoot No . said time of said jury of that pursuant killing by words and gestures then the said if they believe thereto Turner of murder was to the said and that Carl the prisoner conspiracy Carl Turner Lester and a~ded by acts, the said Loker is guilty that was formed between John H. Loker, couraged Lester the the purpose and that the .!:/_. Loker was or en- in said in the first killing, degree. ��Instruction The court the weight case, the witnesses any, further to be given jury are result _;f:__ instructs the the testimony authorized to the parties, in the No. of this case; their their demeanor intelligence; their means of information, the testimony of such w.i.tnesses seem to be entitled temper, whilst as under to. the in determining witnesses relationship same is proved; any has been shown; witnesses that of different to consider if the jury in this of the their interest, feeling or bias, testifying; their and to give such credit all the circumstances if if apparent to sµch ��Instruction The court instructs the Commonwealth to make out its clusion of a reasonable or attempts the alibi the burden to prove rests still No. jury case doubt, an alibi that against the burden the accused but where the accused in his defence, upon him; but upon the other rests rests upon the Commonwealth. to the exrelies the burden questions upon the upon of proving in the case �• • �4-t.e-- ~~~t:-l Z kL~ ~~u / rl~-~~ fr~ ~ h ,t ~ l.,t.. f{, , / /(b /\ /4 ~ ,,--::. I ~! ~ ,. /4 £,-t,,-~t/ /7~c., "Ctt'c~f,t,r/JCfrt,it-f ~ 01- . <!<... I l ., '? . ·wt' rro • .¥ k ---vi..-,~~ ;/: 1):1..i.~.--~~ •·1.___,.,,,-......, ~ xr1<..,,r,,a.-t., ~ ~~ (h,L J ~ 4, -/~ ~-- 7 7 . ~U- ;;,;, 17-'?-tYU?- -c;;e,,r fli , ~ / 4~ ~ V . • a...-zd 4---.lhrt-v -~·~~r:,Q.. , c.,,_ /!.~;:;ct,__, I,)• 7-l_'t!4,,, e.. .,:u,/ . ~d ~vf ,~•, • dc ?r, ,,?;- 1, rvu-eo,,frfA-v-, ·1, 1 ~ ~~~d 1/f ~ r,,.~.,.,. ' Pt rt1~1 _, ~ .. µ,_,_~ (y .~ ~ v( . 'f.e ~'/,.-/Cµy/ ~ k' ✓p. ,J'L>Cr'7 Ccvµ7,,t~kt.t.P-e,{ e't,- vftz:£ le d f ~1 p;~ ~?~ _,,,.,_~,, ,.'~u:j t_,,~..,,,.," ~~"V'T c-.-~ ~ {VH_Q_~1 ct.Z- ~-WL-t j-lrl ?p 1~t,1t,~ ~~~~bQ-✓-:~ . J �II l ...I, �IlTSTRUCTIONS NO. The Court instructs to testify stance creates the Jury that no presumption the failure against which the Jury should consider of the accused him and is not a circum- against him. INSTRUCTIONS NO. The Court instructs the Jury that confessions caution further instructs weight and effect believe the. Jury that which should or disbelieve the confessions they are the final oe given any portion judges as to the confessions as reason may decide. the Jury are entitled under which the confessions ·z.~ were made. to consider and the Court all and they may In weighing circumstances ��; i Instruction No. ---·I instructs the jury The court human being with malice murder which other murder kind aforethought is perpetrated of willful, in ~he first that degree. is guilty by poison, deliberate, whoever kills lying a of murder; in wait, and premeditated that or any killing is a ��Instruction The court killing malice is willful, from this further instructs deliberate, fact. No. the jury that and premeditated, whenever the the law infers ��---------------~-------------------------. Instruction The court a willful, sary length that that further deliberate, the of time prior at the time instructs _J_. the and premeditated intention such intention No. to kill to the should of killing, should actual come into jury that killing exist killing. existence or any time previously. to constitute it is not neces- any particular It is only necessary for the first time �l �Instruction The court further the weight to be given this the case, jury of the witnesses interest, if ing; to give the their instructs the the testimony are authorized jury to consider if the in the result of this if any has been shown; their apparent such credit circumstances intelli 0 ence; to the testimony such witnesses that in determining of different to the parties, any, ing or bias, No. their witnesses the relationship same is proved; case; their in their temper, demeanor whilst feeltestify; means of information, of such witnesses seem to be entitled as under to. and all ��Instruction The court presumed and the it. instructs to be sane until burden of proving the No. r jury that the contrary insanity is every man is is made to appear, on the person alleging �.. �Instruction The court the evidence and Lester murder that the jury a conspiracy Loker, and that John H. Loker, Loker did shoot Turner instructs No.~- was present the purpose the pursuant said at the time by words and gestures killing, the first degree. said Carl they believe Turner of that thereto the killing the prisoner the was to said Lester and that and aided said Lester is guilty from conspiracy John H. Loker, of said or encouraged then if was formed between and that and kill that Carl by acts, Loker in said of murder in the �I I j �Instruction The court the evidence Turner, Loker, the fatal and that find the doubt of firing if they believe that the prisoner, guilty of murder fatal of his shot at the deceased purpose the death said and consequence and premeditated the prisoner that shot which caused at the time the nature knowing he fired liberate, the jury beyond a reasonable fired of knowing instructs No. with of killing in the first Carl of John H. shot act, from was capable and that the willful, him, they will degree. so de- ���INSTRUCTIONS NO. The Cou;; rstncts be innocent :!:a this the Jury that presumption his case and he is entitled further instructs to prove oeyond all necessary rollows throughout to the benefit the Jury that reasonable to his conviction. the accused is presumed to the trial thereor. in lmd the Court the ourden is on the Commonwealvh doubt all the essential tacts ��INSTRUCTION NO. 9 The jury evidence beyond a reasonable John H. Loker, in killing that with Lester purpose, mentally ignorance, aiding for the nature to know that and consequences killed Lester after Loker having in wait of murder in the first degree, minded, ignorant that for his that he and of a low order mental of intelligence his from the lying they are told and a low order capacity and abetting from the evidence exempt him from responsibility cient Carl Turner in the indictment, he is guilty weak or feeble of intel~igence, if they believe Loker so to do and after even though they may believe a that doubt that or was present him, as charged conspired for is instructed weakness, cannot under the .law crime if he had suffi- act2 were wrong, and understand of such acts. �.), .t 1. 'J ·r .. J �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA. COMMONV EALTH v. CHARGETO THE JURY. CARLTURNER: Your charge guilty is of the felony as charged If you find indictment, thought shall tain the and was willful, his him guilty punishment than twenty at death, and the and was not willful, shall find tain his less than him guilty punishment five with malice and premeditated, or f0r guilty. in the aforethen you degree and ascer- in your discretion, life, him guilty of murder, same was committed deliberate, by confine- any term not less as charged vvi th malice and premedilated, of murder in the by confinement nor more than If you find more. for or, or not as charged in the first is years. If you find indictment, of murder, deliberate, the accused indictment same was committed of murder ment in the penitentiary ~hether in the him guilty and that find to inquire twenty him not guilty, second in the aforethoughi, then degree, in the penitentiary you and ascerfor not years. you will say so and no ��B. H. BEYDLER, BRIOGEWATl!:R. M. D, VIRC.INIA �Office Hours 12 to 2 p. m. 6 to 8 p. m. B. H. BEYDLER. M. D. Bridge=ater, Va. No................................ !1-q'-3 Date ........................... . fu ���PrisonersReportof Rockingham CountyJail ~ Month of ...M<- .. / '"'/ ..........193~ ... Date Committed ........................................................ Mal ... .M. .. ... Female ........................ Age.;!.~ .. Race.~ Single. ... .~Married .................Divorced ................. PlacP~f Birth.~~/4··-······· Time in .... ........If Foreign Born .................. . S...................... years ..................... Months ............. _ Physical Condition."/-".;/:. ..............................Is person a drunkard? .................................... or drug victim? ............................. . Can read~.::.,.. ..... / ....write? ...................... Occupation ~ ....] ............ Offence Committed .....~ .................... ............... . ·' I City Ordinance ........................ /!....................................... State .................................... Held for Grand Jury ..................................................... . 1 Held for trial .................................................................. Sentence.................................... years.................................... months ................... . Fine ....................... _...........Costs .................................... Time in Jail .................................... Held For penitentiary ........................................ .. Held as insane ............................................................................. Held for other authorities ............................................................................. . Behavier ............................................................................................. ,.............. Date of discharge ............................................................................. . DESCRIPTION OF PRISONER Heighr .......................................... W eight .............................. Color of eyes ......................................... Color of hair ......................................... . Teeth Marks ......................................................................................... . Hand marks .............................................................................................. . Arm marks .......................................................................................... Face marks .................................................................................................. . Shoulder marks.............................. ..................................................... Back marks ............................................................................................... . Thigh marks ......................................................................................... Knee marks ............................................................................................... . Calf of leg marks ................. . .................................. Foot marks ............................................................................................... . Mole marks Fingers off ......................... . Neck marks......... . ........... . ............................ Breast marks ............................................................................................... . Left arm marks .................................................................................... Right arm marks ......................................................................................... . Left leg marks................................................................................... Right leg marks ......................................................................................... . Fine after prisoner at jail; Amount to State $ .................................... Amount to City $ ......................................... . ...................................................................................................... Deputy and Jailor ................................................................................................................. -............ Sheriff �) ) l_ �PrisonersReportof Ro~kingham CountyJail I < ,_. .......................193...\L Date Committed ........................................................ Mal~. ;. F/JJ.'························ Ag, Plac of Birrh ..~~·····y_If '2.)~ Rae,.-,= s;ngl .......... M,n;e<J. .. ... Divmce<l ................. . Foreign Born .................. Time i , . S...................... years ..................... Months .............. Physical Condition ....-9. ......................................... Is person a drunkard? .................................... or drug victim? ..... I C,n ,e,dl_ ····· .. w,fref ,· ... Occup,tion . ... '. ... .r1.off,nce Commiu,d .~ ............ ·········f·· City Or -nance...................,/ ................................. State ............................. Held for Grand Jury_.................................................... . Held for trial .......................................................... Sentence .................. years.................................... months ............................. . Fine .................................... Costs .................................... Time in Jail .................................... Held For penitentiary ......................................... . Held as insane ..................................................................... Held for other authorities. ... ....... .. ......................... ......... .... .. .. . ... Behavier ............................................................................................................ Date of discharge ............................................................................. . DESCRIPTION OF PRISONER Height ....................................... Weight .............................. Color of eyes .............................. . Color of hair ........................................ . Teeth Marks........................ ......... .. ..... .. .. . . ..................... . Hand marks ............................................................................................... . Arm marks .......................................................................................... Face marks .................................................................................................. . Shoulder marks Back marks ............................................................................................... . Thigh marks .......................................................................... . Knee marks ............................................................................................... . Calf of leg marks ....................................................... . Foot marks ............................................................................................. . Fingers off................................................. ........................................... Mole marks .............................................................................................. . Neck marks ....................................... . ...................................Breast marks .............................................................................................. . Left arm marks.................................................................................... Right arm marks ......................................................................................... . Left leg marks.................................................................................... Right leg marks ......................................................................................... . Fine after prisoner at jail; Amount to Stare $ .................................... Amount to City $ ......................................... . ...................................................................................................... Deputy and Jailor ......................................................................................................................... Sheriff �• ����.r - --- .. - - .., - - - - - ..... - - .., .., - - - - - ..JlwC - - - - _. ✓.,.., �- tY_ / L A (L -ti c" •---'~'1"4"U _~ • {..{::/, ·~~~ - /c. ~ -r-·-~ ~ lLJ ~ ~ ~--~~ ,~te~ ✓-d' ~d ~cl y ~ 2?i ? ,• ~. /t- A ~ ,.,-/ kUt-Lt /t' _t:, :7, ///. ?t.~ • . - • ' _,.,,._• , • 11..o,<~A .-,t_~ r ~ ~~ V"... / 1 i- ,.._,.n~ I ' ~ _. ~ ~ Z~;~ --- - U~...,_...._., Ur f ~~--II --7 ~- • /. ..__....._~ .A,/1-~ .. t/ fa --,._~ ,.._._._ "'Jµ-j& ~,7~ - --- ~ -(,() /1J... ~ / '-;?/4 ~- y f '-R D -J~~~ ~~",.,r)/_, ~i. ...,,71LL:::.-..,, __ �T �_ td ,c,,,~ 3 ~7/Aµ_rn.-d~.. ~ '~~ ~ ~~ , ._,e~ ~ _ - • ~~- /d-- kL<-J Jf/f,t~e ---~ ;d(&t~ ., ~t-4-~ ~ .__,,,.,~-- ·~~ ~ /, .jk h4;~ A I - - --, .,LV w ~ ;:# ~"2"T.t..,,f~ _2_k.., , VALldl~,;-lt~_!.i_~~ -~~ ~~: - -~~--~~--~ ~__U"""""I~ ~ti~ ~ tt/ tl __ __ ~vi .,,,_c - _ / u _ :,;, d ~- d ~~ur.t - - - ev,ktf / (b_~ -------- . :;r -..--,-1_-"- ~ • - . --.... - A ~~ Cti t.f .. ~- -~.~~ ~- _J- ' ,-.J:'. t ~ yU ~(. -- ~. - ~ _,,,. ~_._____.__..__4+----1f---JL-'---"~~~~~~~ ~~ - µ... _j_). ~- . ~ . ~ - -~~~~~1 _✓ ti - - --r -~..L- /ttwt_ I_ _ ,,.,,---,-~-• •~- v c...___,._~ :r r'- �I I I I I I I I I . I I .I I I I I I - I I d \ I I I F I I I I I I t t I l. ~ ( I I I I. I I Il . I I + I I ': I I I I I I I . I I I I I I �• ~d , /0 c--,, L v ~~~,l:M~ ~--------1 �l �'-lA.,, ;;l t- • I /( . 1' ~ ;(( • ~- / I' - - ·_ - ~~~- _,/~ CLLtz . ~n- ...e_/t..--1\.._ J4'--Vl-t~----+---=.-- t¾ '-?U.- - ~uvf~ i.t1 ;2 a~A-. t, i • ~ .,-,,:. -JU4/L/--¥ ~ ------ ' -- - - I �\ ·': ------- �INSTRUCTIONNo_.;../S __ The court accused the jury that are to be received instructs the and effect believe instructs jury ing the confessions cumstances that under with caution confessions the judges be given to confession, any portion as reason jury are entitled which the confessions made by the and the court they are the final which should or disbelieve _ further as to the weight and they may may decide. to consider were made. In weighall cir- ��The court instructs of the credibility the jury of the evidence or more witnesses may postively that they are the sole and witnesses testify from the evidence, witness the impDobability the light said in so testifying, of the surrounding statement altogether said or untrue. statement the motive by witnesses, if they believe one fact, of the of the statement and circumstances may not be contradicted disregard be improbable facts and although as to an alleged yet the jury may consider judges in and although they may the same to ��The court prisoner instructs guilty, from the evidence and that endictment. jury that they must be satisfied adduced the defendant with Car-1 Turner the in this Lester they can find beyond all case that Loker, in the commission befora reasonable a conspiracy conspired the doub existed, and confederated of the offense charged in the 1 ��INSTRUCTIONNO The Court every person to his guilt instructs the to be innocent is proven of the accused, him. His guilt proven of his convict, derance his of the evidence is no reasonable his guilt theory which he can be innocent. duty to acquit even though or probability is not sufficient the charge, must be proven consistent the facts but they must be if the larger supports and if there doubt of the Mere suspicion how strong, sufficient their guilt, innocence. essential doubt, jury any reasonable with his no matter nor is it conviction every fact is not to be inferred with his guilt, until the law presumes the law makes it ·ere consistent inconsistent that beyond a reasonable is upon the mind of the guilt jury weight to or prepon- but to warrant so clearly~ with the evidence µ there upon �11, J �Instruction The court find a verdict such evidence instructs No---'------ the jury that 'fl,' while upon the Ul}SUpported testimomy is to be received with great they may of an accomplice, caution. ��I 4, Y ~- /, I ~ .J~, J? ·, ~ )4,,....,,,~.,, 2 /4..4- __,,, ~ - 35 )·; J 2 • ) • ~~ ~ �36 -- ----;-- --- Ir �37 ( .2) J /, ;-, ,/ Utl. .. ) d [;,Ee-. ~ ~ f.., ~ tC ,; ~ �38 �39 ~v ~~ • ~ _,,i1 ~~ y ~~ .. ...,e Jl VJ ~ _p ,-4, r; t u 1 ~rr~~ ~f' 6 '£:~ ~ /4~.;..,t.... ; _,a_,_;tl ~ ~ ~,- ~ ea .,/4 ·~"~' - ft ?£,/ .,Jf2, -t L.,,-' ~......,, k ~ r:1)-- ~ ~l,l_c7'~.....,;k rJ A~~ ~ ✓ ~v-; ✓• • d ~ ~~1 ~ _c;::;:~~ l ~--~• .P-.i~✓ ,1 ~~ ~ • ~~.'-C.,,f \ (7f ~ ~ �40 I. l �41 __ ..,._...., ""'.._,. -:>-r.~.,.._,...,...,... e'i. _/J -~~~ ~ , 7 ., , --<-- ~ ._/4-~ 7 . ~ J{_ ~.........,...,.~,---,,. --.:i- , J ---~~ cl Ct:< ✓I I r1i . tL ~ -- ~ ~ I> },- ~ ~ ~- ~ -~ JL-,~ &. �42 �43 ~ _ff /.. 1.. ;;.:.,,: ,. r- I l ;. . ~ -~J --==----,q..-~,. ...,,I', ( ~/ i l l C, .~ 4i-~ ~i;.- ~ n ~ ~ ~ I "" ~ t..-S;-,.,_,,,._"-'""" ~ '">~-,.#"'uL .. 'Lrli • , ~ . l,-,,,,,ita¥1~ i~ ~ ,.,.,,;I,_ ~..,~ 6 ~11":C~ • fl c,e. 3~ �44 �45 ( I., �46 �( ~ 1 47 ) �48 �49 �5(i) I I I �f;; tr.l ~ , (') ~ <: • ~ II t-i ~ & ......., ~ (I t,-1 ! ~-, 0 "v ,~r~ r~., -kl f ' ~1- i ·--- (' �•' I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Lester Locker and Carl Turner Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder (note: bullets, fingerprints, confession, plea of insanity) Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1936 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_013_004 Locker Turner https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_001_commonwealth-v-lonnie-reynolds.pdf f2547b9bab5686e0167dbf2ae5ef1d5f PDF Text Text �,..._ "l ..._.... �CONFIDENTIAL VIRGINIA SUBJECT: POLICE REPORT Linda Kath e rin e H0 11ow,q, Lonnie S1-ATE SP-102 Revised 4-29-59 v·l.C tim Accused urton Reynolds, Div. File No. 2D-l8522 TT No. Date: Nov. 1, 196o (Appx.) Time: unk. Place: location unk. Roc:kiagham Co. -~act Rockingham County Code No. 082 Discovered by: ~ctim Motive: Weather: uok. sex Value Property Stolen Recovered Abandoned Currency, notes Jewelry, gems Furs Clothing Vehicle Miscellaneous Total ~ STATUTORY RAPE DESCRIPTION: Extradite?_ Accused wanted this offense? Warrant issued this offense? Department? Dept. Date Arrested 2 3 Nos. l Arrest 7 6 4 5 ENCLOSURE: Polygraph report on vie tiln and Date Recovered: Place: Stored: Address: Released to Owner? Other Disposition? Time: Condition: Date Date accused DISTRIBUTION: I & R-1 SP Culp - 1 (!A .Tnm,:,c, 1 F;1P Origin: Date 12-11-61 1...X.Requestother agency 2_Citizen complaint 3_0bserved on patrol 4_See original report 5 Telegram or teletype SUMMARY: Time C!-1-.-.,.,, • r.A l1r.rlr;nc,hn"' - -, , ,.~T r.,.. 6_Telephone 7_Correspondence 8 Personal Vehicle Identification Make Model: Type: Color: Lie. No. State: Motor No. ID/Ser. Original Report: Yes No D Date of Report: 12-29-el Date Covered: 12-19.61 Report by: Beno·ington Imr:. c. a c. At the request of Mr. James Sipe, Comm.Atty., of Rockingham Co• ., victim an:l accused were given Polyeraph examinations on 12-19-61., Standard Polygraph procedure was exercised throughout. Two charts were run on accus~d~th specific reactions to relevant questions. Under interDogation, accuse admitted victim told subatantially the truth in her testimony in the preliminary hearing and that he has h d intercourse with her twice~ Dep. Sheriff Gle1m Wilcox observed the examination. Three charts were run on victim. Specific reactions were given to questions concerning sexual relations with more boys than she has told about. She admitted she had intercourse once when she was four years old and once (with Roger Sailor) when she was about seven., She dogmatically stated these were the only times except for the two times with accused., Specific reactions indicate she has not told the complete truth in this case. She seems very doubtful when asked if she is sure that accused is the father of her child, but will nake no admissions in this except to state that accused is the father. It is rrry opinion that she hast old the truth about having intercourse with accused but has not told the complete truth about sexual relatio 0 with other persons. sr,1;• ';'\.' ~ I-~ DEC 4 -:: 20 o ;-~1961 i "•4 Undeveloped Leads: o.e __D_iv_·._H_a_n_d_l_e..:aD:.... __ I_&_R_.;;.H....:a..:.n....:d..:.le~□=--1 Victim's _L_ea_d_s_:_H_a_n_dl_e_d....:□~ OPINION: victim has not told oompl0te truth Address: Grottoes, Unfounded O APPROVED DIV. COMMANDER Approved Va. Pending O ... �MODUS OPERANDI 0 ...J I ~ Vl ,., .,, PROPER:TY IDENTIFICATION C " u. c 0 0 < a:~ (OTHER THAN MOTOR VEHICLES OR TRAILERS) r .; 1 2 3 4 5 6 7 8 . QUANTITY ITEM MAKE MODEL COLOR SIZE SERIAL NO. .. ' ( . ', . . -~ ' l < .\. I 9 10 I RACE & SEX OF PERSON ATTACKED ~-No Person Attacked X,_Not Shown O_White Male I-Colored Male z_White Female J_Colored Female 4_White Male & Female s_Colored Male & Female <,_White & Colored Male 7_White & Colored Female B_White & Colored Male & Female SCENE OF OFFENSE oo_Not Shown Ol_Accident Scene 02-Airplane OJ_Airport 04_Alley OS-Apartment oo_Automobile 07 _Automobile Agency OB-Bank 09-Barber Shop or Beauty Parlor IO-Beer Joint 11-Boat l2_8us lJ_Church 14-Club IS-Dance Hall lb-Department Store 17-Doctor's Office lB-Dr11g Store 19-Dwelling 20-Factory 21-Farm Land 22_Garage or Service Station 2J_Garage CPrivate) 24-Grocery Store 25-Hardware Store 2b-Highway 27-Hospital (Medical> 2B-Hospital CMental) 29_Hotel 30_:Lobby 3l_Motel 32_Office Building or Office JJ_Out Building J4_Penal Institution 35_•Place of Amusement Jo_Post Office 37_•Publlc Building JS-Railroad (including station) Jq_Restaurant 40_River ~1-School 4z_•store 43-5treet 44-Theatre 4S_Warehouse 4o_Woods HOW ATTACKED oo_Not Shown Ol_Advertising oz_Agitation 03---Attic 04---Automoblle OS-Basement Oo_Beatlng 07_Betting OB-Binding & Gagging 09_Blesses IO-Boarding 11-Burning 12..-Burylng Money & Leaving Bus, Et<:. lJ_Call ing for 14-Ceiling IS-Collecting lo-Combination (Safe) 17-Cutting lB-Door (front> 19-Door Crear) 20-Door Cother) 21-Drugging 22-Employing or Employment 23--Establ ishe, Credit 24--Exchanges 25-Explosives 26--False Pretense 27_Finds Money (Pidgeon drop) 28_firearrns 29_floor 30-Forging 31-Fortune Telling 32-Gains Confidence 33_Glass broken 34_Ignition JS_Intoxicated 36-Impersonating 37_Loafing 38._Mail 39-Misrepresentlng 40-0btain for Repair 4l_Parked Autos. 42-Photography 43-Pick Pocket 44-Pull 4S.-~unch 4o_Rent 47_Rip 48-Roof 49-Sell SD-Sex (Natural> 51-Sex (Unnatural) 52-5natching SJ-Stabbing S4-Statement (Oral> 5S_Statement (Written) So-Striking 57-Stripping ss_strong Arm S9-Telephone 60-Threatening or Holdup bl-Transom 62-Uttering Forged Checks 63-Uttering Worthless Checks 64-Wall 65_Window (front) ob-Window Crear) bl-Window Cother) MEANS OF ATTACK Ol_Not Shown 02-Absconding 03-Automobile Q4_Bar OS-Black Jack or blunt instrument 06_8odily Force 07-Breaking or Forcing Locks 08-Bolt Cutters or Pl lers 09-Bottles 10-Bit or Drill-size unkn=..wn 11-Bit or Drill ¼" 12-Bit or Drill ¼" 13-Bit or Drill ½" 14-Bit or Drill ¼" IS-Bit or Drill ¾" 10-Bit or Drill"'¼" 17-Bit or Drill 1" or over 18-Brass Knuckles 19-Breaks Glass, Door or Window 2o_Certified 21_Ch,mical 22.-Chisel, size 23-Collecting 24--Concealment 25--Club 26-Driving Away 27_Drugs 28-Engraves 29-Explosives 30-Failure to Deliver Gocds Jl_Fictitious Orders 32_File 33 __ Firearms-Automatic 34_Firearms-Machine Gun 35-Firearms-Revolver 36-Firearms-Rifle 37-Firearms-Sawed Off Shot Gun 38-firearms--Caliber not shown 39-Foil 4D_Glass Cutter 4l_Hatchet, A:J.& Shovel 42-Hauling Away 43-Horse Racing---Fake 44_lce Pick 4S-lnflammable 4<,_Jack 47_Jimmy, size 48_Jumper 49__ Key SQ___Knife or Flat Instrument, size 5l __ Ladd,r 52-Literature SJ_Matches 54_Missile Rock SS-Money Order 56-Note 57-0pen SB_Oxyacetylene S9_Paper 60-Paper Clips o J_Pay Checks 62.-Photography tJ:J__ poison 64-Pretends to have gun oS-Pretends to be Collector 06-Pretends to be Doctor 67-Pretends to be Investigator 68-Pretends to be Inspector 69-Pretends to be Nurse 70-Pretends to be Salesman 71_Pretends to be Writer 72_Promises 73-Protectograph 74_Prying 75-Rags 76-Razor 77-Rem·oves Panel From Door 78-Rips or Removes Screen 79-Rope or Wire 80-Saw 81-Screw Driver, Size 82-Shop Lifting 83.-Snatching 84_Spying BS-Subscription 36-Syphoning 87_Tickets 88_ Typewritten 89-Wrench 90-Written, Longhand 9l_Selling TRADE MARK QQ_None Shown 01-Admitted through False Pretense 02-Armi:!d & Threatens 03-Ate Food & Drinks 04-Bogus Credentials 05-Bare or Stocking Feet Ob_Burns Matches 07-Carries Safe Away OB-Changes Clothes Q9_Checks Printed, stolen &- Counterfeit 10-Chewed Tobacco 11-Commits Nuisance 12-Cuts Telephone & Light Wire.> l3_Depositing in Bank & Overdrawing 14-0isconnects Burglary Alarm 15-Disorderly Worker lb_Orugs or Chloroforms Victim 17-Ent.ers Home While Occupants: ,ue Present 18_Escapes on Foot 19-Establ i•,hes Credit 20-Expcrienced Worker 2l_Extortion 22-Exhibiting Bank Book 23-Flash Light Used 24-Follows: Victim 25-Fr.audulent Collecting 26-Fur ~acket 27-GainS"' Confidence 28_G!oves Worn 29-Guests 30-Hitch Hiker 3 l_J ndecent ·'& Obscene Remarks 32-lnsurance 33-lmpersonation 34-Jewelry Only 3S-Kidnaps Victim 36-Kind & Polite 37-Labor Trouble 38_Literature 39-Leaves Door or Window Open 40_:_Lines Victims Against Wal I 41-Locks Victims In Room 42-Loiters Around Playground 43-Makes Victims Lie on Floor 44-Malicious Damage to Property 4S-Molests Workmen 46-Money Only 47-Ncrvous 48-0ffers Candy, Money, Etc. to,-Children 49-0rders Taxi &. Robs Driver 50-Party Burglar 5l_Passes Good Checks First 52-Pretends to be Drunk S3-Pretends to be affiict,d 54-Pretends to be looking for Fictitious Person 55_Pretends Auto. Is Broken Down SO-Pretends to be Purchaser of Auto. 57-Pretcnds to be Delivery Man 58-Pull; Blinds Down 59-Purchases Goods &. Receives Balance in Cash 90-Remcves: Glass without Brealdng 61-Removes Pane,! from Door 02-Rentir:g Racket 63-Requested to use Tefephone or Toilet b4_Rings Ooor Bell 65-Rough Voice ob-Sells Without Proper Title b 7 _short Change Worker 68-Smokcs on Premises 69-Solicitor 70-Steals Auto. for Stripping 71-5teals from Auto 72-Steals Victims Auto. 73_Stolen Auto. Used 74-Telephone Ca!I-AnonymoLJs 75_Uses Jimmy or Screw Driver 76-Wears Mask 77_Victim Intoxicated �November 28, 1961 ' Esquire We W. Wharton, First National Bank Bldgo Harrisonburg, Virginia ,. Re: Commonwealth v. Lonnie Reynolds Dear Mr,. Wharton: To confirm our discussion of the above captioned case, I feel that it would be advantageous to have your client submit to a lie detector testo The family of the girl is very anxious that this case be sent to the grand jury at the December term, and therefore· it w~ll be·necessary to have this lie detector test made prior to December 18. ' As I have previously this test and the results show in the colllll)ission of the crime the case against him dismissed. clusive or should show that he the prosecution of this case. and if Police matter. informed you, if conclusively that with which he is However, if the is guilty then I lease adv1se me if your client desires to take this test, so, we will make arrangeme c to have it done by the State • in Culpeper, Virginia. Thank you for your cooperation in this Very truly yours, James R. Sipe, JR.S/sfd he does submit to he is not involved charged~ I will have test 1s not conwill go _ahead with �1 �g~~ - ~ c/ L~ /;;z - ~~- - ~~e!?;~~- u/~~~ - ~~~4=-~~ ~£?:11~,,,~~~ _/6 ~ ~ / - f'S~- ~-c«r [L~o-:u4~[L )( ~.//d~ ~~ --~-' :!;~~.~ ~,e7ZIZ.- - ~) ~~~ - ~ I /~~ - ~~.LG ~ ~ 7?~ f. ~ ~~ -<£)/}_ ~~ ,,,__-z/~~LP/~ _<"~ ~~ -.l,2,v~ 4~.X-- - - - • 7 ~ fl-?... ~~ ?~~~­ t:Y~~/L~~ *?•c«z ,:zu~ ✓ -u~-~~_z;R~~ ~o/' r~~- ~~i/ ~~- £.~~ ~ {/~ w/ ~~ ~ ~ ~ ~-~ ~ ~~- ~~ ✓-~ ~~#~//7.~ k// .1~ L~~ ,M#--~ h~ ~ ~ ll ~~ ,;:/'-~~~~~~- ~(?-- / - - k~ ~ - ~~.~ -~- 5~::lz_ 9 - ~ ~/4d az_ c/-c/'~~ ~ 4~~ ~ /-,,,~~ tt~ - + ./ ~~"if~~~- ~ ~~ k~-~/Z:- ~4./"' - ~--; ~ ��j_~ : ;d-£~ - ~- ~- ~ 7 - ~ ~~4 ~ o//~ -~/4~ . /~~~~a~:_ 120/~~JL-~ ~~ - ~~ ~~ ~fr41'~ 1/ ~~~~7r~,- -- ~ ;Z?'~ ~ ~~ - ~,,/' ~~.a/~~~z~­ c~ ~~~~ar - ✓ U'~/4J~ u;:/~~~~-.~/K~:~✓/➔ ~ ~ h/J ~~~~ ~ ~,- P/J.jydtit// f~-1. /4~ ,?d_,,r - ,tbu., tv~ Z-,J ./4.zu, t,,b-, c~- >- ✓ /4/6./.~ ~ ~ ~~ ~ $ ~:":'/ £J..cd/ tf- ~~ ~~ - ��December 12, 1962 Mr. Howard Holloway Grottoes, Virginia Dear Mr. Holloway; The case against Lonnie Reynolds has been set in the Rockingham County Court for Tuesday~ December 18, at 2 p.m~ I am sure that the Judge will be able to hold a he ring in this case on that date and I hope that it will be convenient for you and your daughter to be present at that time~ Thank you for your cooperation ~ery truly in this matter. yours, James R. Sipe JRS/sfd ��Hovember 6, 1962 Ur. H ar Grotto 8 Iol_o_,ay 51 Virgin·a D nr ?-!:.. o .. olloway: The case. a,zainst Lonni ,eyriolds cckingham County Cour- for &nd· has be n s t in the ecenb~r lOi at 2 Po o Thio wae the first date available to the Court, and w ~h th other atto1."0eys and tl ••o dat will be convenient to all arties cone m~~. . hav checked I hope this p:oas cont2ct "ate is me. as S' onvenie: t to you ... and i· as possi 1~. ith best.wishes~ remain Very truly James JRS/sfd ROIi yours, Sipe no· e; ��,,. ;J)~Y,/~1._ .ll, :, .!;{ A" //'J > • • f _ .--r J I /iC, t'' ~7A'.,1-,1• • /.r• ✓ ~/ ��rI( .I I JUVENIL COUR COUNTYOF OCK.L1'111 ORDER .. .r-:t;":U"tl ST 7E OF VI I Upo in ormation received w lth's ttorn juvenile c plainant off n e o oul y, it app ari 16 y r to th rap; nd it furth eou for said r ind st it is h reby ordere b to uh it to said test, p rformanc Giv n n er y han chargin of n -,. ATTORNEY R. SIPE A.T LAW I H'\RRISONBURG, VA.. Lindr Holla ay him with th it H lla ay to submit to a that ad id tes thi de to the Court that 15t aid Lind uthority i Holl way hr by on said j venil. day of Dec Judg, Juvenile Court County, Virginia JAMES ipe, Co on- Court that pear poly raph for th Jams Re of age (born N vember 20, 1945), h s gain t Lonnie Reynold, b ir c ro er, 1961. �• l '% :i-:ru ::t.J: 0 o • d -:r 1 ., 3918 WA.J .fl TA 83MAL y· M.flO~TA I .AV ,i>l!U8l)!021>lflfH �/lf~~~/ JJ~lf~- - ~ ~--- ~-k~ ~~ K~~-//~~ ~· 1 & { dnn ~ ~~ /ro/>') -- Id- _Jr?~/~.>~~~~ ~ ~~~ /4//~ -'1~ ~----,,,c__- v£,*~ ~ t1f'~ ~ ~7 ~~ 7 /--ef ~ ~ ~~~ __ L~ - ~ e?? - ~r ~ -/9M- / "' 2 I -- 3' ~~j c/~4--1 ~$r~-- ~~~ L--M/4 - r~~ -?~ - aJ~~~- .i ~~~~ ~~i;~ ~~~-(~ea/~~ - ~ r,:Y72- .~~~ ,I~~- /2 6? ~M £_.L~ - ·7 J- v/~~~-~,,_/.;,.,. 1P'/? ~-~ La-? ~- -r~~u// ~ - ,5.ZN,;,-7~ - ~ 7 /·,;?/7, ~ ��Comp. Form 18-A ST A TE OF VIRGINIA ~,)FipOF_ Ha,,,.n1. ............. s-on.....,b.,_.ur....____..g ______ _ l To-Wit: City TO ANY SHERIFF OR POLICE OFFICER: H.J. Hollouay (Grottoes) Whereas, has this day made complaint and information on oath before me, ___ J.::.co ....hn=----"'~•-=Le,.._a=-ke=---------(Name) ____ of the said CouRtv~~ha._______________ J_u_s_ti_c_a_o_£_T_h9 __ e_a_ee ______ ___ lo __ i_e_Re----"'-m_o_ld_s ____________ or about did on/he day of_-No.v...,ern.t.....,00..,. ..... r..._______ 1th did ravlsh and carnally 1 .--11;,.1a11.Wit.Lt Virn;inia, , 19.6()_: know one Linda Katl,ertne e a"S or 14 yoar~ against _ XXlOt (Title) 1 violation the peace am dignity o ~c~~lltounty n:xn Unlawfully am fe] on,1.ousl.N', Holloway, a minor £emale child, sect·· on 18.1.-44 of the Code or of tm Commonwalth of Vi?gini~ These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Roekinmiam County Court of GctCounty, the Lady (bo:ifs) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: l{t-a4ffeote _#~t:ry _,_/41/£ dit;'7 tk/,?d ~ 1¼'~L47 4~ u~--zd color &:?✓ ~ □ / I color Address □ ,, color Address □ JI color color ~/7~ Address Address □ 'I Address □ as witnesses. Given under my hand and seal, this htb day of.----~--.w.....,..¥bw.-----..,.---, 19.6L ----~-·~~~-z~L-~--7iTweoiissuing Officer) JUST CR 0/ THF. PEA~ cs~) �OF-------------------, STATE OF VIRGINIA-COUNTY a Judge of the County Court in and for the County aforesaid, State of Virginia, do certify Justice of the Peace I, that and ___________________________ _, as his suret have this day each acknowledged themselves indebted to the Commonwealth of Virginia in the sum of----------------------------------------( $________ Dollars ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth County, on the ________ of------------------------- Circuit shall appear before the be rendered, yet upon this condition: That the said ----------------------, Court County day of _______________ at ______ M., at -------------------, Virginia, and at any time or times to which or further heard, and before any court thereafter having or holding any proceedings in connection with the for the offense with which he is charged, and shall not depart thence without the leave of said court, the said and effect until the charge is finally disposed of or until it is declared void by order of a competent court; _ 19_, the proceedings may be continued charge in this warrant to answer obligation to remain i~ full force and upon further condition that the said --------------------shall keep the peace and be of good behavior for a period of,___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. _, 19__ Given under my hand, this________ _ day of _______________ -'c!ays Judge. ., ,., ,., ,. X 8,; r. C: 0-'8 ~ "' a ,. 5· ss,. ~ __ s;· s,. ,. e. < !" 0- p 'Tl J. P. tI1 i:: ("\ 0 X ., ~ ti 0 ("\ :is: > ti4 ~ g z ~ 5· >-l 0 8 ("\ C1J 0 0 '1 9 0 5· ., g. p ..... 0 s,. z E:: E:: >-rj ti> 9 z • ~ 1;; 0 ~ tI1 > @ C,') 5· ~ 0 ~ ~ ~s,., P" ., ., ~ .... ::,, p 0- .... r s,. n0 'Tl >-l 0 E. 5· "' ~ E. ("\ fil a 9 90 p :I! ~ s> § ., p ,. U) " 9 B ~ s p ~ ~ ~ ,; p .,0- 0 s· Clo s ~ iR p ::I '--< ~ >-rj ,.,. ., Q ,. .., ;,;- [ ~ ., ,. !¾ r., ., Clo tll ~ ::;l E ~ i:: p e; 0,. ., .i :; ~p ., p 0- .,0- -< < :;· ..... ~:, 0 Q gi ., ., < ~: 8 p .F F' ~ ~ Sl., .... 0- to -< ("\ 0 U) >-l U) 0 p ("') 0 § Sl., .... r Q i:: p 9 �COMMONWEAL TH DEPARTMENT Box 1299, OF OF STATE VIRGINIA POLICE RI 4ti.C91'<D l'IISIOH n6f!~TMENTP . t, p, ,,,,!' l"IU ""°ER. VIRGl,,.11 ECONO OIVffitON HEADQU"RY . oEfl'ARTMEHTOF STATE POLICi •m: #?3:>. r.lJLPEPER. VIRGINIA Mr. J cimes Sipe CommonwealthAttorney Rock ingham Co• Harrisonburg, Virginia �• I �t J., �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Lonnie Reynolds Subject The topic of the resource Statutory Rape Description An account of the resource Defendant charged with statutory rape Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_021_001 Reynolds https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_008_commonwealth-v-louis-benton-shifflett.pdf 0adf84293bcfe597abab5452b39536ef PDF Text Text COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM,to-wit: In the Circuit Court of Rockingham The Grand Jurors of the said ton Shifflett Rockingham, Kenneth April Term, 1956. of the Commonwealth of Virginia, the body of the County Court County, of Rockingham, County, on the upon their now attending oath present 6th day of April, feloniously Dove, against and unlawfully the peace 1956, and dignity the Circuit that in said did kill in and for Louis Ben- County of and slay .one of the Commorlwealth of Virginia. Upon the evidence Hansbrough, Trooper in open Court of Officer R.H. and sent Crist Allen Norvelle, and Herbert to the Grand Jury Officer George Gooden, witnesses to give sworn evidence. J I,_Louis Bentpn Shifflett, the accused in the attached warrant, in open Court, before the Judge of the Circuit Court of Rockingham County, Virginia, d~ voluntarily waive indictment on the said charge of involuntary manslaughter. --Given- under I..__ my hand this 16th day of April, 1956. �INDICTMENT COMMONWEALTH v. LOUIS BENTONSHIFFLEI'T A TRUE BILL Foreman Charles E. Earman, Jr. Commonwealth's Attorney �S, P. 82 - REV. 1-6-!53 Failure to comply with this summons constitutes a separate (Defendant's Signature offense. ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS CITY JURlSOlCTION, COUNTY, I PLEA □ GUJL TY PENALTY □ :~~L CITY OR TOWN CONV(CTED NAME OF COURT DATE OF TY APPEAL IMPOSED TAKEN □ NO DYES IF DEFENDANT CONVICTED OF SPEEC- SPEED TRAVELED ING- MPH IF CONVICTED RECKLESS This abstract is filed by the Judge or the Clerk of the Court having Jurisdiction of this case as required by Section 46-414 of the Code of Virginia of 1950, SIGNATURE SPEED OF CARELESS DRIVING ANO LICENSE □ YES OR SPEEDING- OF JUDGE OR CLERK SUSPENDED I TITLE ZONE MPH PERIOD □ NO I DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Did not yield right of way Improper passing Operating wrong side of road--not Following too closely Failed to signal tum or stop Disregarded stop sign overtaking �s. P. 82 - REV. t- B___...S~ □ _._..4 9~33_ DEPARTMENT OF STATE POLICE 5 53 - Date'------'----=---='---- to answer for violating the Motor Vehicle Laws of Virginia, lo-wit: Reckless Driving O ,,, f"_ ~ Exceeding Speed Limit O .... ,,,. Imprope I hereby promise lo appear al the lime and place specified above Summons required under Title 46-Section 193, Code of Virginia. Failure lo comply with this summons constitutes a separate offense. (Defendant's Signature) ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS JURISDICTION, CITY RACE HEIGHT ,. FT. STATE STATE HAIR I SEX l IN. OR CHAUF. LICENSE STATE GUILTY PENALTY □ I CITY OR TOWN CONVICTED NAME OF COURT DATE OF =~~L TY APPEAL IMPOSED TAKEN OvEs WEIGHT I > POLICE OPR. PLEA □ COUNTY, .- LICENSE PLATE NO, STATE ? .I ~ SHIELD I NO. /: This abstract is filed by the Judgo or the Clerk of the Court having Jurisdiction of this case as required by Section 46-414 of the Code of Virginia of 1950. IF DEFENDANT ING- CONVICTED OF SPEED-- TRAVELED SPEED OF JUDGE OR CLERK LICENSE I SUSPENDED □ YES TITLE 0No ZONE MPH MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDING- SIGNATURE SPEED PERIOD □ NO SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Following too closely Did not yield right of way Failed to signal turn or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �Comp. Form 18-A STATE C~OF I OF VIRGINIA ___ I_Ia_ _.,.,_r_i_S_0_.1._·1_b_u_r_.,~ ... _____ _ No. ______ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: 1 .l. '. Whereas, =rorvelle ---·-------------- G. Le3ke John has this day made complaint and infonnation on oath before me, (Name) Justice -------------------- of The Peace of the said (Title) City e~, that ______________ Le1-11s S:1ifi'2.ett ______________________________________ did on the 6th day of....-----']= t·1e Co: ,..,onwe3.lth of Virgi l ..P"-'r=-=i=l~----,, _ Roc·-ingham in 19--21. Unlawfully tk9c::AAi:d County and feJ.onj_ovsly ia. , These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the ~oc l::i·-:.g~1.2m Trial Justice Court of t!J~--~~i~-xCounty, the body (bmi-es) of the above accused, to answer the said complaint and to be further dealt with according to law. And you arc also directed to summon color ____ Address ---------------□ color ____ Address ---------------□ color ____ Address ---------------□ ------------------ color ____ Address --------------□ ------------------ color ____ Address □ ------------------- as witnesses. (Seal) uu_ JT.,.,...,1 1-(1rl , �- ..- ---------·-· _..,_.._ OF STATE OF VIRGINIA-COUNTY l, - __ ........ - -----·---- a ~ ,n {(oc/(J/{t;.HA l1Al'-r C 0 ce ce L S'H""""""~Err lfr. , aa his ,~e and .,__....,,,__,...._...:.J.J.,.___._....,...._..._'-"=-<-.:-....__.:;..ai;J.;:=-:=-:....,..__ •__ in and for the County aforesaid, State of Viriiinia, do certify ~ .-,_,.~r-Nf ~ v,t. ha-.e this day each acknowleda-ed themselves indebted Tlfr::>v.S I J/li: to the Commonwealth of Vir&'inia in the sum of 'to-wit: mm1s.s-~o/V'E"I{ T that _ ---- ..--..--..... ,,. ....----....- ..--......- ..... ..__ .,. o• ollara () ~ C) ), to be made and levied of their respective good, and chattels, lands, and tenements to the use of the Commonwealth to ( be rendered, yet upon this condition: That the sai I of Is .SH-t,CA ', l County, on the IY<i-H- ~"-' shall appear before the ,- --,.. day nf T. lwJ·~ui_f Court ria us tlce , 1~. A.Pl<' IL... 0 P. M., at Ml'J;J{/fl.fDIV'dC/1(' G, Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he ia charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it ia declared void by order of a competent court; aiod 11pgnthe fuhher condition that at • sba]] kerp the peace aod be of good bebavioc foe a peried 1ne said the date hcreor.- -day Af 1 1~ freFR Given under my hand, this __ q_,__A ____ day of __ ..........._.;;../',_~;....;__/_L _______ ~l9~ . NONAPPEARANCE SKAll BE DEEMED Tll cH~S1TTUlEA wt,WEROf TRIALBY JURl • ~ ~.., •... .. a· ('"l 0 J., J. 1?.. T. /.,. l't1 >< ,.n "11 .: C ?' ;:; c.. t't ;. ..en· ;. 0 ~~ ~ t, 0 (') :i-:: l:i:J t't (') >-i 0 ~ ac z :s:: 9 ~ 0 w z :1: ~~ > t" l:i:J <> .., :x: ~ ... ~ ~~ ::,, ::, c.. .. ,, '< - ::r ('"l 0 .., s. ~ '.:1 ::, ,. '"1 0 E (j 0 ~ "' Ul C ~ g,. ..... ~ 3 3 3 3 0 ::, en en "11 ,.,. ,. :l<l ~ ::, 0 ::, ~ ~ ;. > ... ... .., 0 :s "' '< a· ~ g- ""' en " en "c.. n ,.:s ::, II> (") ii... ;,;- ., ~ ii "' ,. IJQ > ... ... .. " ... ~ ~ ~ E 0 ~ C c.. ,..., 'O ,, '< :s .., "' .., "' ;?. c.. :s ~ c.. l:tl "' 0 '< < :;· < :;· IJQ IJQ 5· ... 0 "' ,. 5· 'O 'O _;· _;· "' .., "' ... "' - .., ,. 0 ... er - 0 i.., c.. ";. "' >-i [ cg IJQ en ... 0 Eo ........~ {/1 cn -· (') 0 t't (") ~ ~ ~ ~ "" (j ~- ; cn "' ... ... ~ 0 5· ...... ;:;· ~ ti\ ,. ::r 0 " "' ... ~"' .., ... 0 ... C • ... -a l (") - t't t't n 0 0 IJQ :s ;.· ,.. C :s g c.. �pril 17, 1956 Selective Service Board Federal Building Harrisonburg. Virginia In Re: Louis Benton Shifflett Gentle n: This i to advise that on yesterday, April 16, 1956, the above named defendtnt was convicted on a charge of involuntary manslaughter after entering a plea of guilty thereto, and was sentenced to five (5) years in the Virginia State Penitentiary. Yours very truly, Margie Bowers, Deputy Clerk �1 :a "lli ;tu a e 0 l 't , -lj.a 0 �COMMONWEALTH VS. ~ cy''' 1 ~ -~ /i,e. . Zi DESCRIPTION OF PRISONER Last known address ---~--"""-=---=-=----""'--'~c::..._-~=--!--•z_- Height Marks Age ~ate (), .j--- f: ________________ E )·es_~ Hair _ t?,l ~ ~ Weight /.,_j't:::I ~ 2-:0 of Tri;i]'-t./ __ Occupation -_....:../_b __ ~_b _________________________ 3Ult._-----,,---=---i------------------------------- _ ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ......................... OFFICER. ALLEN..N.ORYELLE, ...Ellc.ton, ...Va......................................................................................... . ........................ OFFIC.ER..GE.ORGE ..HANSBRO.UGII, ...Elkt.on, ..V.a.o, .. .........HERBERT ...G.OODEN, ...Tsland For.d, .Va..... ......... TR0OP.ER..R... H......CRIST .. to appear before the Judge o'clock, a. m., on the Commonwealth 16th of the Circuit Court of Rockingham .day of ........ April. before the Grand Jury, against who stands charge.cl with ~-i+i4i-e~4-t8-r Witness, Harriisonburg, CHARLES Virginia, of the Commonwealth. E. EARMAN, LOUIS ..BENTON .SHIFFLEI'T at 9:30 .................................................... i.i~~llea.RQ.f. And have then and there this Writ. JR., Commonwealth's at the Court House, the at the Court House thereof, . . . .. , 19 56 , to testify and the truth to say in behalf of the a felony And this you shall not omit under penalty. County, Attorney eU . .April lltbof . for Rockingham County and the City of . , 19 5 6 , and in the18.Oth ..year £~4"'-,z.::::a:<XC Commonwealth's Attorney �( . APR1119 9 HERIFF'S om ROCKING HA COUNTY 9 5-_Y!_tN THEC ' NT{ CF ?271 GHA.M g~:E WITfl'"~"--=~:"-d -- - -- -- --- ............................................... .!: l , cPSON. . . ............. . .~................!5.R.C. L. ~~~~~-DEPUTY SHERIFF �TRIAL JUSTICE COURT Criminal Docket Ne.>20701 A Com'th V. ~~~ Defendant (J,."' 1 .),'t' / Appearance Date ~.tl.cTrial Date 'f -1 3 - r {, ��APR Docket No. COMMONWEAL TH of VIRGINIA Bill of VS. IndTctriient ) ) Felony ( inv. mans.) ) LOUIS BENTON SHIFFLEI'T C=-=ha=r=--=l::...:e=----=s=---=A=..c.:........=H=-=a.r=nm==-=e= ________ p. d. Own 1956 April (x) Appointed ( ) 16. Indictment &c. waived; accused arraigned and plea of guilty; plea explained, etc. ; evidence heard, accused found guilty of involuntary manslaughter, and sent. t o !;> yrs. in Pen. ,, 9/~tJ~. CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co., Phila., Pa. '- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Louis Benton Shifflett Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1956 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_008 Shifflett https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_014_commonwealth-v-luther-lee-raynes.pdf e3434ab3f86299c06a29b00f9de7cf8b PDF Text Text G. H. Parent Co. Ashland, Vo. F N 777 o. orm ~:':::::::.~~f A::::::m_____________ ,l :f In the to-wit: Circuit Court of said county October County The grand jurors of the Commonwealth of Virginia, in and for the body of the upon their oath present that within twelve months prior to the finding of this county, did McDonaldson, there a female feloniously against nature, in the county child about aforesaid, the age of six years, Mary Ellen and in the and then carnal knowledge by the mouth, against against the peace and dignity of the Commonwealth of Virginia. Jerry Mrs. Cletus Wayne McDonaldson, Hasler, Mary Ellen and Deputy Sheriff Robert witnesses sworn in open Court and sent to the grand jury to give evidence. McDonaldson, Raynes, aforesaid, of the of nature, Upon the evidence of and crime on the day and year having McDonaldson, ty-four and abominable to-wit, feloniously day of upon one Mary Ellen did commit the detestable by then and there, body of the said order make an assault , feloniously of LUTHERL&; RAYNES 9r about indictment, to-wit, onJhe 20th !'i 54 county Court of the said , in the year one thousand nine hundred and August said Circuit , now attending the Rockingham 'Term, 19 the �~MI I FELONY INDICTMENTFOR A Foreman. George D. Conrad Commonwealth's Attorney ~~ A TRUE BILL LllTH~lL.LE.t!..._R.aYN. .... .J:!i..,..S -- vs. COMMO'J'xWE AL'f H ~11£ �Commonwealth of Virginia: . ~ To the Sheriff of Rockingham County, Greeting: You are hereby commanded to s~mon ............ Mr..s•....0.1.e.tus...Ha~.l~.,. ....... f.3:~Y. ......................... Ellen ······McDonaldson Wayne McDonaldson, and Deputy ............. .............................. . J .... Jerry ..................................................................................................................... Sheri££ . Robert Raynes . ··················•···••••·•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• to appear beJore the Judge of the Circuit Court of Rockingham County, at the Court House thereof, a. m., on the ........llt.b at ~?::tock, .....day of. .... .......... .9~:t.9.P..~.:r........................................ .?..4, 19.. to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ...................... . . . . . . . . .. . . . . .. . .. . .. . . . . .. . .. . .. ... . ... .. . .. . .. . .. . .11 .•... who stands charged with a felony . LUTli.t!iR ...LE~...M11:ti~;~ ............................................................. . ~ And this you shall not omit under penalty of £100. Witness, . And have then and there this Writ. -~ day of.......... O.ctabe.r .......19.54., and in the ......J.79:\:i.P.- THE SERVICE Pll.ESS, HARRISONBURC 7 VA. at the Court House, the ......4th ........ . �Commonwealth EXECUT ROCINGHAM BY DEL RIG TRUE ~OPY OF THE WITHIN)..,........ -c. TO ~!-,;Ill-~- .,..z:...c.it~~~~ta:ia~r&- IN PE . di~oE~fr~ SH ROCKIN AM COUNTY s>L# ;,2.~ ~($).. / t () �12759 A 12760 A Report of Witnesses for the Commonwealth Month Whose mileage and attendance of September were not collected by the Trial Justice before the end of said month. . Por~Graves ( A-,--By WITNESSES Luther Lee Raynes Com. vs. Mrs. Cletus Hasler 1. Fel. Pro. or Misd. Days Tl - Trial Justice . ..l_j-J\-'J Attendance 7J Miles Clerk. Mileage Total Fel Date (~ J .r;o 26 1.82 2.32 2. 3. 4. 5. 6. Com. vs. 1. 2. 3. 4. 5. 6. All witnesses all necessary grand jury. ferriage summoned for the Commonwealth shall be entitled to receive for each day's attendance and tolls, and five cents per mile over five miles going and returning ( Sec. 3512) fifty cents, to place of trial or before 4 ��,I TRIAL JUSTICE COURT Criminal Docket ~ .l A 15759 Com'th V. Defendant ' oJ>I• Appearance Date Trial Date Court finds _ _ _Hel / t' ~ R.~ .::C.A.H. rf- • ~ 'f - J-<f - .2-e - sufficient ion of -t probable cause Ol'llnl! ~. _ ��Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: V:e JllAA . c~ ~~ ~M~ 4, ·~M~ You are h.~ comm~,ned~n the ~ilie Commonwealth /8 7' -i- to appear before the Trial Justice Court of said County, sitting __ ~✓ __.J__.D.._--tL_day of , to give evidence in behalf of C,,....,....._,:£,L- in the pending 1-_Q._..:...--' _________ case of ...ac.rn-.e""""...L..l:""'-- 19_n, of Virginia to summon =- 3>"2 ·71--1..l,J_, 8v ✓ Z- ~-z- at Harrisonburg, at the hour of J.. ,' __,_ __ ::,.o Virginia, 3 "f:ht.. r: 111 said County, on of that clay ____;;_• -•----'------------------ v. ~ Subs. Clerk 7-52-SM-Garrison �/~--------aECUTED aECUTEDf'.f- _fi/IN THE COUNTYOt THE COUNTY O:t- ROCKINGHAM BY DELI ROCKINGHt\MBY DELIVERING A TRUE COPY OF THE WITHIN~~ TO .. c!J~-~======= Trial Justice Court ~~1~ IN PERSON. .9/y~IN COPY TO IN p ___ -LDocket No. / ~ ..l.LI-Dl--11..,~~~~~w..&~Pr/-- - .S 7§9 A ,-Jl, ( ( .£.fL.J,,._~ ¥ •.µ / If -y ~ .2,i • ' V. ( Witness Subpoena Te> A TRUE er,"'-, �Comp. Form 18 l STATE OF VIRGINIA ~ OF ~ CITY No. __ To-Wit: : HARRISONBURG TO ANY SHERIFF OR POLICE OFFICER: Virginia Whereas, Hasler w. Lineweaver James has this day made complaint and information on oath before me, ~.x3~XJ~xt~ J1:-stice of the Peace ~o.xk City (Name) of the said Oc!mxy, tha.__ ____________ _ (Title) Rockingham -----------=;=----=~==-----=..::===---L_UT_HER did or about onfthe 20th make an assault of age, day ot __ -=A=u"C;g~u=s""-t=--------, 19--5..4-: upon Mary Ellen child, against nature in the Unlawfully McDonald.son, a female and commit a crime against of the body of said __ LEE __ R_AY __N_E_S ________ by having and feloniously child carnal the peace and dignity al County 6 years knowledge of the Commonwealth. These are, therefore, to command you, in the name of the Common-wealth, to apprehend and bring before the Trial Justice Court of the said County, the body (bodies) of the above accused, to ansv,:er the said complaint and to be further dealt with according to law. And you are also directed to summon color ____ Address '7 color ____ Address -□ _ color as witnesses. Given under my hand and seal, this~/ Address ___ color Address ____ color _____ Address 4A_,.__day o --- _ _ --- ----- - □ -- -- --□ - ---- --□ �Court ,Virginia, and or times to ocee mgs may e continued r holding any proceedings in connection with t ge in this warrant, to answer e art thence without the leave of said cour to remain in full force it is declared void by order of a competent .i,t¥1V\lll1 condition that f of ,...._ ·t .?v?c. <P. 7 f-'• 0 en (l) ~ ... >-3 0 n 0 ~ .::: 'O c+ 0 'tj (l) :::r(I)Ill (I) (l) f-'• .......... a < t,'(l) ~- "' (l) P. I >< n, C: (l)::S!-'>::S 'OP,'1,l::l'(l)~ \J1,{l)Q(l) "" Ill s. ~ .i::--11 • G\ ~ c+ ?' n, 0. ;-. 0 p, ::,.::: 11 c+n> t-'::S c+:::r ~ < (') 'O o ::, ... t l:Ij ;;;· s(") lll°<:P.H,o p., f-'•- ::s Ill «: • ~ I-'• I-' c:... .::: (/l c+ n 0 'tj s· >-3 s. E. n, >-3 ... 0 ~ n 0 ~ "' 3 3 0 ::, ~ n, E. s> ... 0 ., ::, n, '< rv (f) C: 3 3 0 ::, s· ()Q ~ sn, "' n, "' "' t § sn, "' "' ._ ~ 'tj n, r1> > ::t ::, "" 0. ::, 0. to n, E::: :> ., ., ;,;- r1> ., .,, ;.- ()Q ~ to ~ --l ... E r1> 0 ~ r1> ::s()Q (l) c+-"' ::0 "d Ill 11 ~ (1) ~ 8- t-' (t) C ., 'O r1> ::, ~ 0. "" '< - 0 <: ::;· <: ::;· 0 "" n, ., "" ()Q s· ()Q F' F' s· 'O 'O ~ ~ er r1> '< .... 0 8- \ \ '"I r1> s- (") :F 0 rll >-3 t 0 n, >-3 ., p;· £. C: ;:: "' C: ()Q 0 ~ s· R·~· ~... n, s- ::, n, "' "' n, -flt • >-3 ::,- " -n ._-. 0 ::, rll rv ~) 0. g. r., n 0 C ., I-' ... • '° I ! "' ~ ., n, n, 8- n,., (') n 0 ()Q ::, ;:.· 0 C: ::, ~ n, ... I ~ "" '< i5.. n, ., "" ., "" g_ 0 .,, ., ::, "" 0. (') Hi :x: ~ \-) ., C/l cr' 1-'· n;.- 0 >-3 I-'• ::,- .:::t"'ro~ ro p,~ I > t"" (l);f :::rc... z l'tj t"1 (I) ~ (1)11~~~Ill c+ ::r rv::s ::,-....,5· o o. ro I-'• c+ t-1Qn Ii >-3 \ ~ o.g:~g, ... c+ro ... >-3 0 z == p == 0 ::r ::r I-'• 0 ~ l'tj n, 03 I-'· 0. 0 -· 0 (l).::: ~ ::SHi:;l.=· Cl) 0 O" ::s ::, 0. �Docket No. 1c'1 / .J. r 195 COMMONWEAL TH of VIRGINIA ) Felony #1 vs. ( rape) ) ) LUTHERLEE RAYNES ~~~d~- d. ~'-----'--'~---:---:---P• Own g1 ~ 1954 Oct. 11. ()( ) Appointed Return ( ) of Grand Jury. 9/Ro "0 .. 'O CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Luther Lee Raynes Subject The topic of the resource Felony Rape Description An account of the resource Defendant charged with felony rape Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1954 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_017_014 Raynes https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_013_commonwealth-v-luther-lee-raynes.pdf bae5ac1b075675fce3c3a37bf468b8c0 PDF Text Text G. H. Parent Co. Ashland, Vo. F N orm o. 777 Commonwealth l of Virginia, to-wit: ____ Q2~~-~_Y,. ___________ of ______ R~~k ingha m_________________, In the Court of Circuit said October county County The grand jurors of the Commonwealth of Virginia, in and for the body of the upon their oath present that within twelve months prior to the finding of this county, McDonaldson, there did , feloniously a male child feloniously against nature, in the county body of the order aforesaid, Jerry fii'ty-four the age of seven years, and there, feloniously day of upon one Jerry did commit the detestable by then said about and in the Wayne and then and and abominable to-wit, crime on the day and year having Wayne McDonaldson, carnal knowledge by the mouth, aforesaid, of the against of nature, against the peace and dignity of the Commonwealth of Virginia. Upan the evidence of Jerry Mrs. Cletus Wayne McDonaldson, of LUTHERLEE RAYNES or about indictment, to-wit, ory'the 20th make an assault Hasler, Mary Ellen and Deputy Sheriff Robert witnesses sworn in open Court and sent to the grand jury to give evidence. 54 county Court of the said , in the year one thousand nine hundred and August soid Circuit , now attending the Rockingham Term, 19 McDonaldson, Raynes, the �l FELONY INDICTMENTFOR A Foreman. George D. Conrad Commonwealth's Attorney A TRUE BILL LllT.H.E.tLL.Eb.;.. R8 YNti,~------- vs. COMMONWEALTH , £-J/{g �__ I I �---------~~ - ---- ...--...-_ ---.....--.. T, _-.,..-..,,--_--...,-,...,-..,..---- __ �v, In considering its burd n of proving doubt, the whether or not the Commonwealth hes met the uilt the Court in.tructs ord nreasonable" doubt of the ccu e beyond re sonable the jury th t you should not overlook nor its meaning. A reasoncbl doubt is a hich is foun ed on re son, and is not to be confu ed ·ith imaginable or possible doubt, man must be proved guilty or possible beyond every imaginable, upon the sufficiency the jury must limit presented p.t the tri conceiv~ble, consider case, to cre-te to find inference furthermore, doubt ari.sing tion th c·,nnot of guilt. bear in mind that from conflicting essential fact, should be a to the proof of the guilt after of the evidence, to prevent and your minds left rr con ideration 1n such· convinced belief then the common e 1th hes f"'iled If, yond all and honest a reasons.ble you from reaching ccused, conviction of cireum.stances. If, consider any such testimony, the a.ccused £.nd not a mere doubt cone rning imm"terial nonessential ..nd nor can you go beyond doubt, the jury shoul fact nrtural The jury ble proof of any p rticular doubt of a material to the evidence including from lack of evidence, or from question· of the proof of the to be dr.swn therefrom. go beyond such evidence such evidence its 1 of this refl on ble inferences the a, doubt. In passing ch rge, for the lfW does not say that on the other tion of all the evidence of the truth reasonable hand, after doubt. to neet its Cc;'.se, you of doubt as of ·the --uil t of an impartia.l 1n the of the charge, state of • 11 yo burden. and re!ison ble h.a e an .:biding re then satisfied be- �\; .. .a:I ,. 1 I l .t.r l oj j' ') ' J' . t X j 0 .t n :t <J <. l IO :1 I .I l: _j fJ . n: i>'I f!O \ I fj ( • 'I I j Ii ) o �Commonwealth vs. Raines I n:STRUCTION NO. The court accused able be doubt, onable duty to to of acquit suspicion or sufficient weicht innocent and doubt ii the guilt and you or preponderance of so clearly that upon to thee which the are warrant is is proven the cuilt, it~ the of evidence his conviction be innocent. beyond the the jury however that the supports his theory any reas- strone, if it their mere is not rreater the guilt the a reason- law makes instructed sufficient the law presumes guilty minds further no reasonable he can that accused, of his nor but upon of convict, jury he is is probaoility to the until there him; indictment, evidence instructs char@e must consistent in the be proved with the ��Commonwealth v. Luther Lee Raynes INSTRUCTION.2:,__ The Court ing upon the beyond all instructs reasonable element does not mean that to establish thereof, it satisfy doubt. that the is necessary for possibility jury is guilty accused against of the accused the the burden of an offense charged or beyond all a whole the accused asonable doubt the guilt do more than jury Commonwealth to prove material certainty the that the rest- guilty and every the accused, Commonwealth to an absolute of mistake, or to upon the evidence thereof beyond all re- as ��Commonweal th v. Luther Lee Raynes Instruction The court verdict of dence beyond instructs conviction in reasonable Wayne McDonaldson to accused, there the penis aldson. that of is, the take accused the jury that before this case you must doubt that the into must into his have the been mouth believe accused mouth the can reach from male the organ Jerry evi- Jerry of penetration said a the permitted an actual of you the by McDon- �➔.-. 'I j uo ( ') r �Co.rrnnonwealth vs. Raines INSTRUCTI01 NO. ...!t:.. The court accused, doubt, the jury as to the and where the instructs the jury must be satisfied, proof evidence leave any reasonaole proof of such fact, of every and the doubt they fact find to convict beyond all essential reasonable upon the must that, for reasonable to his inferences mind of the the the jury accused. conviction; therefrom as to the ��Commonwealth v. Luther Lee Raynes INSTRUCTION The Court the accused sufficient from the in itself consideration the other idence instructs scene in the jury while in arriving flight crime you may take if proven, and circumstances case, that of an alleged to convict, such flight, facts the S-A along introduced of is not into with all in ev- at your verdict. �r �Commonwealth v. Luther Lee Raynes INSTRUCTION The Court of a prisoner, fact with the guilt for the the other the when proven, to be considered affecting matter instructs by the facts jury proven that whether jury, or innocence determination j the character good or bad, but its weight of a prisoner of the in the jury, case. is a as is a in connection ��Commonwealth v. Luther Lee Raynes INSTRUCTION The Court instructs the of witnesses is a question and the have the right jury appearance testimony, their apparent their the interest if are more worthy weight apparent candor of credit ingly. !/- f - J Y- J/ J✓ manner of of intelligence, determine if any, of the trial, surrounding and what is of any such testimony, their to the parties, other on the trial, jury; and fairness, in the result and from all the from the stand, or lack of the witness appearing for and consistency of the witness any 'appear, stances on the intelligence the relationship the credibility to determine the reasonableness their that exclusively of th~ witnesses of testifying, jury circum- which witnesses the relative and to give credit accord- �, r .: �Commonwealth v. Luther Lee Raynes 7 Instruction The Court instructs statement having earlier or inconsistent with be considered as proof ment, but considered and in such been the in of the or passing the jury weight that any evidence made by any witness, present consistency by you determining the testimony facts of asserted inconsistency, upon the to an either such consistent witness, cannot in such if any appears, credibility to be given of of his previous the present statemay be witness testimony. ��Commonwealth vs. Raines -±- INSTRUCTION NO. The convict all the reasonable fendant, and evidence the prooability the the mouth defendant fact from not cuilty. the that the accused permitted told that of Jerry ?taines, evidence mouth even probaoility innocence, Commonwealth the the you are his before from his of that believe into the jury must take that the they douot, to the convicted instructs accused, ~cDonaldson, into court must the male though of his yet, before ·.vayne .McDonaldson, and in if this the evidence beyond Jerry organ of is ·.1ayne the de- the than accused can an actual male Cmmnonweal th has not find be penetration the you must from preater by case, may you may believe guilt establish they the Or[an proven of thls defendant ��Commonweal th v. Raynes INSTRUCTION The Court tial evidence instructs the jury that in the application to the determination should assuming all to be true which the evidence every hypothesis other the force several be used. of the case, vigilance reasonable Such evidence may still reasonable of truth. favor of one hypothesis, great the probability Therefore, this case guilty of the offense evidence, there innocence, appear that there such evidence of circumstancaution insufficient to prove, leaves mere and where, some for it is the actual or establishes other exclusion circumstances it indifferent of with which of only some finite probability cannot amount to proof, in however may be. although the jury may believe is a strong charged is any other they cannot probability reasonable still, hypothesis the evidence Lee Raynes in is if upon the whole consistent and this is true, that the probabilities of his innocence. from that Luther in the indictment, find him guilty, from the evidence than the probabilities tends which invests the evidence is true, the utmost is always be true, hypothesis Where hypothesis L NO. with his although it may of his guilt are greater ��Commonwealth V. Raynes INSTRUCTION The Court alone, however, ing a verdict evidence instructs grave of guilty, NO. the jury that circumstances of suspicion and serious, can never warrant and you are, therefore instructed in this case arouses it would be your duty to acquit II- F- f" ✓ JIii J in your mind a question Luther Lee Raynes. a jury in returnthat if the of suspicion alone, ��Commonwealth v. Raynes INSTRUCTION The Court believe instructs from the evidence that the witness, confession and other statements on the witness defendant, Raynes, any evidence against D the jury that although have made an alleged you cannot consider NO. of the charge /'1q_Dona.Id .Jo '1 Ha:slec, may to the Commonwealth's against him in this case, or any part thereof Raynes, of Raynes. rZ of Jerry still as but such statements, /'1~Por1"(.//J,,n if any were made by J-erry Hasler, can only be considered JV/~ JJ",,,,,..; ,l.1·0,, as going to the credibility Attorney stand as to the guilt of the any such statements the defendant, Jerry you may by you TT,s ler and not as to the guilt ��Commonwealth v. Raynes INSTRUCTION The Court accomplice agreeing cannot testimony NO. instructs the jury that the testimony be considered as being corroborated of another accomplice. er of one by the ��Commonwealth v. Raynes INSTRUCTION The Court accomplice agreeing instructs of another £ the jury that the testimony cannot be considered testimony NO. as being corroborated accomplice. er of one by the ��Commonwea1th v. Luther Lee Raynes INSTRUCTION The Court believe instructs from the a reasonable or about evidence doubt that August 20, Wayne McDonaldson will ment, with f~d the his the Charge that if in this case beyond Luther Lee Raynes 1954 carnally by the mouth, him guilty and fix jury as charged punishment to the Jury. J you on knew Jerry then you in the indict- in accordance ��Commonwealth v. Luther Lee Raynes INSTRUCTION --- The Court instructs the question of the you may take into prisoner, guilt jury along that or innocence consideration if proven, and circumstances the all of the the other in evidence I of the accused, the flight with introduced in determining facts in the case. ��Commonwealth v. Luther Lee Raynes 1 INSTRUC1 ION The Court doubt is such a doubt entertained essential for without and not It evidence and substantial jury charged. upon the of an immaterial fact A 8oubt evidence, to or that must not be an arbitrary to sustain it; in order to find but it to warrant fact a verdict and nonessential J /) and reasonably or grows out of of some material to believe a reasonable and material by the evidence, itself. must be a doubt the that as may be honestly must be based suggested the evidence It jury to pPove the offense which is serious the as to any substantial be reasonable doubt, instructs --- must be an acquittal. or facts necessary of conviction, circumstance. �~- ,. ~ ,al I -~ �l Received: co~.~~~~~~"ALTH EXHIBIT - ••••• ·4;_,,~-~JiJN4 1954 . Case No. J,..;,-ue_~ Lt f ATTEST: /!A:1,v1;) C. OVERTON LEE. Court Reporter V-~ JUDGE ��~ ~2-~ /?'~Y ~~ Qt ..__..'--"--c....-- l,V~ . L(l~ ~ c:20-~e~ ~=(::~ ---=---<-- l - _,;;;:;:i _-......c.L._ �+ t ��J ����l- -+ • I -t I l + -t I �------------ �+ + ��+ \ �r----:-..___.,.--------.. - ~-- -- - _, ------ .. - - ..------.----------------.,.--,• -- - F______._ -~ ~ �\ �TRIAL JUSTICE COURT Criminal Docket Ne.' 157GO A Com'th V .. J:Jl_ Defendant L~ ;.:.::;C.A.H. O..., W, Appearance Date ,fa, ..l- 'f - Trial Date j-Y 9 - .2..o - ..)- f 9-20-54 Sufficient Held for action probable cause found. of the Grand Jury. ��v--c:£- j ,CJ ~~~ ✓ ~ '),-r~~ 7U,e:-~ !~ Docket No. ~~ COMMONWEALTH of VIRGINIA v vs. ) ) Felony #2 (rape) ) LUTHERLEE RAYNES ~~~?');~, ~~~~::..____:______ __ Own 1954 Oct. 11. {X ) Appointed Return { p. d. ) of Grand Jury. CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon___ .rr ___ Jola:y.ne___ Mc.Dona1-d on __WJCCe __ _ A@ __ J~oadca _,_,,,Mar:y Ellen Mc Dona ldsorl:~--- 1 mer Roadca;e~_J'W_~_!_!~;r_g~.1.-_§. ___ J'I§._~ler ..1__)1~J>_~l McDonB;.,ldson Lam, Lucy RoadcaP,., ___ Loretta ____ _ Morri_s.., ___ Jo e ___ Morri s ,____ and __Deputy __ Sheriff __ Rayne_s _________________________________ _ to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at Wiet>°o'clock, a. m., on the ____ !J:t;J~ ___ day oL ________ N.9.Y_~~!?-~-~---------, 19 ___ $.}f to testify and the truth to say in behalf of the Commonwealth against ------------------:----------_ _______________________________________________ LUTHER __LEE __ RAYNES ______________________________________________ _ who stands charged with and indicted for a felony 1~. And this you shall not omit under pena1ty. And have then and there this Writ. ,vitness, JcRt~Bflfffit~~[Z]~t,xf&JooxotxllllNX.Jmia:xxroxl:, at the Court House, the _JQ_th __ day of . ___ J)_ct_o_b.e_r ______________ , 19_5_4__ , and in th _____ -~~:;unthe Commonwealth. ~~~:-,_-=~~~fflC!l•ffiC THR SEr.YICE puss. HAR.I.JSONBtJR.Gt YA. �Commonwealth v. ) ~itness Luther Subpoena Lee Raynes To Nov. 4, 1954 at 9:00 a.m. H z 1-3 :Il 1:7:j 0 0 q z 1-3 1-:3 K :::u C rt:1 C '""" �TO THE JAILOR OF ROCKINGHAM COUNTY: Name: ---------------------------·-------------------------------------------------------Docket No. ___________________ _ You are hereby authorized to release from custody one: ______________________________ _ For the reason:·------------------·-------------------------------______________________________ -----------------------· _____ _ ____________________________________________ 19 ________ _ Trial Justice, Justice of the Peace or Clerk of the Circuit Court �~- , COUNTY0~ - • <?"611, ROCKINGHAM COUNTY; COPYOF THEWI TO _ ~~ -•·. - u1 ROCKINGHAM BY DELIVERING A TRUE _, ¥<~~,~ •. -&~- ,{I, ~✓~ < ~#<;~- ' Sa-::A::,= :~;;;:~~:!~ I �COMMONWEALTH VS. fc..J_/-f,/'.1 fc (! @~ePf~ DESCRIPTION OF PRISONER Last known address -~V~-~1_//;IL-L--11-'--r'-"';:f_,__, _ __cw=--t--• ...... ik::""-=r,---=-==-=-=------------Color :)'V: Height Marks,--i{(ri_c_ _________ Age 1,- Y ,?- 1 ¥ Eyes ~-G,., Hair ~ Weight _ Occupatio11L_f..-==..~=--,,=~~~__.___7Y'~✓.,:£~------------ Date of Tria,__~/."-'1/'-----H..,__"_J_-;L/-'-------------------------Resul.._------,_______________________________ _ ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ...Mr.s..•... R.~:u:R~n ..E.9.9.-.d.G.~P., ..................................................................................................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, ,e,l{i1 a -~o'clock, say in behalf a. m., on the ....5thday of the Defendant of.........N.ovembe.r., .......... 195.4. to testify and the truth to in the proserntion of the Commonwealth against ....................................... ..................... ............. Lu.the.r...L.ee. ..R.a.YP..~.s .......................................................... :.............................. . who stands charged with and indicted for a felony ~~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court Hoi,se, the ....4th day of ....N.9.V.~filP.~J'.J .... 195.4..., and in thel-79tpyea f the Comm .......... . �-I 1• ROCKINGHAM CuJr·, ;;v~-~~'-- .#~ • ~--~- �Comp. Form STATE C~ l8 OF VIRGINIA OF CITY \ No. ___ To-Wit: ~ HARRISONBURG TO ANY SHERIFF OR POLICE OFFICER: Whereas, James has this day made complaint and information on oath before me, ~1.-J:~~~.A...E.f~t\;,1.;~~~ ~ the said w. Lineweaver Jc.x:x.Gc.x_,._,,,,,,._,,,.......,,,,.,~ ....""""' ..... ~""' ..... _________ City ~ thac_ _____________ (Title) __________ did or about 2 0th on/the make an assault of age, _ (Name) _ Rockingham .:.i:~~=="'-=:=:__::,:Lc::.Uf.::.cHE=R=-=LE=E=-=R=t«=-N:..cE=-S~ _________ in the sax!County day ot __ A_u_gu=--_s_t _______ upon Jerr! child, , 19-2.1:l: Unlawfully Wayne McDonaldson, and commit a chime against the body of said _ against nature the peace and feloniously 7 years a male child by havlhng carnal and dignity knowledge of t~h~e ______ of _ Commonwealth. These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon color ____ Address color Address color color __ __ _ Given under my hand and seal, this ,,;2.f 4 - day n -----□ _ ----□ Address Address ______ color as witnesses. Address __ ------ --□ _ ------□ �Stat~ of Virginia, do certify 10 t ($_.,.._ ........ ~~--"'~ Court ice 1~ ----.,C:,,.~<-=---------'-~ a «::41~~7.!'.'.2:~t:l=r!l::.~~~:::~L-,Virginia, and aiding any proceedings in connection wit rt thence without the leave of said court, t ti! it is declared void by order of a competent cou 0 f a procee mgs may be continued arge in this warrant, to answer ain in full force r condition that ~ ~V JS t;kd~J -C,£~/ (/) (j 0 ~i ~ u, I en 11> I-'•(")r::: 'U c+-Q;:r(ll (i) "%j ~- CDl-'•<1><1> a<......... o' (t p.. CD ::l Ill 11 Hi::l c:: 't) o ::s r:::oo..c+- ~ X a. .... ::r' ;;;· ~ ~ I-'· p. r:::~ o ro 11o· ::i Hi c+::s I-'• ~ c.... r::: Cl) c+ (j 0 "%j >-l ~ ~ s· " >-l ~ Ul r:: 3 30 3 3 0 'l: s· ~ ::s (j 0 ~ "~ ;. "' ;:i.,. ... ... 0 .., ::s " '< ::s oq ~ g- ""'"' ""' § g- ""'"' ~ ::s "a. ::s "' n ....... ~ "%j "" "' ::s a. I-'• (j ~ " ""' " .., ;,;" oq ;:i.,. .., .., " ~ to t -:l .., E ~ ..,• .., > t"" z ~ ~ :z Pl Cl)~- 0 Ch t.:rl ~ .. '"i ::i:: t ~ ~0 ·~ • ~ 'C Ill O Hi ~ I c+I \ Ii a. "' '< 0 -. '-s ..., CJ Ill (l) C,1 "' 0- I-' (l) C: a. 0. '< "' <: ::;· <: ::;· OQ s· oq (1) F" ~ e F e 't) to '< 0 .., "' 8, a. ,(,I> 8, 0 "' ""' .., er -. 0" .., ";. s· 't) 't) " 0 tll '"i r:: ri oq "'r::-· 0 ... n·... ~ . ::, tll ;. " " ~ • q • 0 . I-' .I\) I\) I-' 0 8 •0 (j 0 r:: .., ... • -"' (") 0 ! ~ l >-l ::r (1) " .... g_ >-l .., 0 j;;' ~ -n ....... -- s· r 0 I-' ~\ (") ::r' ::s ,(,I> \ ;:r c....11 I-'·"' (D DQ p. r::: t"i ::l -" .., " "' ~ rs: z rs: p 1:,1:1 ~ i::;. 11 r::: 1-+i-· I\:> Ill c+-H)::s 0::: ;:r 1-'•n Ii ffl ti ;:r' CD,. 1-3 ~ '"i 0 c+ ::i p.,;f c+-;:r c+ Cl) g,'< g,I-'·-:::... c+ p.. (l) 0 :i,;; t.:rl (') 0 {I) \ ij ;:r a, Ill o' ::::l 1-+)0 I-'• ti 0 ;. " c+Ci>I') \n.CD I).; ;:r 3 ~11 C"l CD 0-• • c+ 0 ::s '-OP., < ~ ;; ;:r~ I-' ::i !-f ~ ... ii t tTl n "r:: 8, r:: ::s ... g""' "' ""' ~ .., " ".., "n0 oq ::s ;::;· a. " �Commonwealth v. Luther Lee Raynes CHARGE TO JURY If you find of committing you will by confinement Lee Raynes, three as charged say so and fix in the penitentiary If you find more. Luther Et::0/,f,,f"e~kLMa Lore the indictment, nor more than the accused, for his not guilty in punishment less than one years. him not guilty, you will say so and no �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Luther Lee Raynes Subject The topic of the resource Felony Rape Description An account of the resource Defendant charged with felony rape Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1954 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_017_013 Raynes https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_013_001_commonwealth-v-marvin-baker.pdf 03cc75854fc10491c2347be76187a974 PDF Text Text 6 ARREST WARRANT The Commonwealth of Virginia,}T 't· O•Wl. . ham County, R oc k1ng To the Sheriff of said County: of said Count~as made complaint ~~ and information These are therefore, in the name of the Commonwealth ______________________ to law. of Virginia, to command you forthwith to apprehend and bring to answer the said complaint and to be further dealt with according And you are required to summon J 'k,.. ~ ~ '-l.A--2--rd'..... evidence in behalf of the Commonwealth, Given undcc my hand, this this day / 5/6,~ ,Jif:5:U 0-,~appmand~ on the examination 3- -..:Jf{_ day of touching the said offence. "fJ? 1=--=~~•~~-'--"-=--=---=------- T,___,(,<__~_:__, +---=-=--'' T. J. or J. P. �I, - , in and for the County of Rockingham, :_~_..LL.L~=::2"".::;;:~~~c..,__LGb~-4:?::::...Zt.e:::'.2!.:__.===--------and .--/ which they severally waived their exemption, ' ~,.J. Vk'f..A:-<. ✓ u: c,.,,-:,_,<< .,, r ________ --t;,LI dollars($'-) 0 shall appear before th~ _ (J :::::::-,,._ ) as to td'be made and levied of their goods and chattels, yet upon this condition: :i-c= State That the said of Rockingham County at • ,on the 2:::::/ dayof_---..~~~____...,__..~<..--,c..-•193..L_,at JO{DO o'clock A. M.. and not depart hence wit out leave of said Court, and at such other time or times to which the proceedings may be continued or further heard, and before a y court or judge hereafter having or holding any proceedings in connection with said charge, and then and there answer the Commonwealth of Virginia concerning the within charge until the same is finally disposed of, then <hi, «oogni,anco ,h,11 h• null ,nd void, mhmi,e Giv•n m,d« my hand <hi,, ,h, / m <em,in in~fult fm .3 d,y ~~ \ 0 u Q) u ..... +-' <n ;:l ........ ,-....< ro ..... 1-- f:-< «I H H «I ~ c:: H -~-.:: ;:::> ~ ~ Cl);..::::: c:: ,,; > 0 s ii) c:: «I <IJ s0 u u u -~ H ._, Oil ><·-;; f.Ll ii) ·l %~ . ~ ~ tFr tf')- tFr El s .8 "' <IJ "' rn u c:: Q: '<J ;:j «I..C q ~ ~~¼ "i -...::. ~~~ : : tFr rn t0. ~ii) ·~:l >"' ..c H .\ ~ 'ri 0 0 0 a c:: ... c:: p:::.8 '+-<c:: .., '"d "'d "'d <IJ .... "' .:.2 ... O Oil ....c::<IJ cii ~0 <IJ ·-...c ;l: ~ -~l r4l \__, :~ I ~ ~ 1 ~ ~-~ -£i~ i::: .:.2c:: '---y--) - S.:.2 c::Oil < ...c .... .-s ii) ;l: I 0\ 8 c:: c:: t::..o «I .... "' <IJ N ::, «I 0 (U '"d eu c::El C::'"O ~ V :§ u >-'+-< ..c 0 .... >- H H ~ 0 Cl - (U c:: «I ci z.... __ ~ '"d.!. c:: ·(U ;l: -'"d H .... ~ ~-""'-,,.~-·· T. J. ~ '4 n • , betthfiiSSIOhCl ~ • • :or:::1!!11ut -1- t;:l r- d eff«r. ~ \..j : ~ ~ ~ tal')- ii) l)ll "' <IJ u ii) j4 n J1~ <IJC:: ~'"d ;o,S ~ ~Jkj ii) ii) "' -ii) -~ ... "' ,2, Oil u .8 ~ "' ~ c:: ::, «I u ':;::l i:: r.i. ·~ ~ 0 r.i. u <IJ r.i. <IJ -~ ... "' ::, -.. -u -"' ~ ii) u «I ~ u "' ~. \ cii <IJ ;l: \ c:: c:: >«I 0 u "'d 8 c::c:: El Elo -~ ~ ~<u<t:: --..·; ii) 0 _ �✓ I <£~,di2 /;, •z :..±-z·:c✓le> ~ 2- ✓ lLI) ):) 71-.-.:J,&~ 3 ,._; u j- t<. 1._...I ,. I (!__.,,_ /:3,,, "' ,,{/.,..~ I / tJ IU I I)- - I I /( , ,,e, I I - 7)~.,J.--t<Y ,......@.,,, . c , . z?-~ .,. ; z r" a 7 !' t d-t I- 1--~, ,1 A t ;,. ,--/0 ( l;.l ~ /L r.,.;e, I:: I. Co. Jl ~ 1-I·/ ,✓ ~----~--,, 2~,,-~; 't.;9,--d' .L-y-- /~' I '/la {J;/ >--... wet ,.__"E92fr ..t l l 1/,.I lA I/ - ~tL-./-4.t. t • ' 7-2 _{T 1,,_,ury- -A../ �. I : ' 1 1 ��r ~ --__l �IN TII~ CIRCUIT COURT OF ROCKINGHiu.: COUNTY, VIRGir;IA , v. I' VIN Bil.KER CILl.RG"ETO TilE JURY. If you will say If as his charged lars, yo·i find in the less accused, than one year, or by both Larvin him guilty indictment, one year, of involuntary then you will in the nor more confinement in or by a fine not by Baker, not guilty, no more. by confinement discretion, ceeding the so and punishnent of not your you find such fine manslaughter say so and fix penitentiary than jail five for exceeding and imprisonment. for a period years, or, in a period not ex- one thousand dol- �Com v. Larvin Baker Charge to the Jury �TRIAL JUSTICE COURT CRIMINAL DOCKET NO.. COMMONWEALTH V.) /g7.11.. ��.S-0 I. fo J,,. g 0 , so .so �I f �:,:;~::a:,:::::~ :.h:/1~g:h:f1~1.~; ~~1trt 01. 71;;;;;;:;;:1;:;;/ :11:- >!1/!J:::::Jt~ t·o··t·esNf~.a.nd.t.h.e..f~.1:.~/J.. ~o s.~~. who stands charged 1i~d.,,~dicted And this .... .....~/ d,y of THE .......... shall not omit nnder jJenalty of £100. 'd~~, And have then and ROBERT SW'ITZER, Clerk of our saidf!t':-rt, at the Court House, the •• /44(. SERVICE •.. .:.: ....... ·.: ..:... ::: ..:....... :::::::::::::: for a felony 1~meanor. there this Writ. Witne5Jiz ~~.11se1 PRESS, • ,.tJ.tf .. a HARRISONBURG, VA, ;. th, No. 457 .~~.. Clrrk �$,: ; 3" en C 3 3 ,, r g i O 0 :::, 1111 .... ' �C0M1IONWE.ALTH OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: In the Circuit Court of Rockingham The grand for the body of the ing said in said the that term, feloniously Powell Roadcap, Gladys Wright, Goldie Holsinger, and sent before against Shope, grand upon their August the peace 30, 1935, did kill and slay of is found on the testimony of George Whetsel, Will, jury oaths and dignity ✓ and Gilmer the and now attend- and unlawfully indictment Clarence 1935, on or about Commonwealth of Virginia. This to-wit: ~v~~ Cornmonwealth~in and of Rockingham, Marvin Baker, county, one Ileta county of the at &ts October Court do present jurors County, witnesses to give Dannie Weaver, sworn in Court evidence. �• I:Ianslaugh ter Commonweal th v) Indictment t:arvin 1 l i• l ~- - ~ Baker a Felony tenn, October A True 1935 Bill: ~ Foreman Witnesses: Gladys Wright Clarence Shope George Vlhetsel .Annie 'Neaver Goldie Holsinger Gilmer 1/ill D. W. Earman Commonwealth's Attorney �OCT·..i93S ( I . ' ' r C COMMONWEALTH , I J v. 1 ) Felony I MARVIN BAKER ;l I I' ) • ,' I' /• /, I / • , ,/ ' , ) ,, ; I 1 L ~ l, 1 (inv. /) mans.) 1/ �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Marvin Baker Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1935 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_013_001 Baker https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_006_commonwealth-v-marvin-d-showalter.pdf 339a3d04838360eb9cc33fd6833b3ee8 PDF Text Text SOUTHWESTERN STATE MARION. HOSPITAL. JOSEPH VIRGINIA R, BLALOCK, SUPERINTENDENT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS October 1, 19530 Honorable Hamilton Haas, Judge, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Marvin D. Showalter, Dear Judge Haas: The above-named was ber 9, 1952, having Since admission, he so f2r as practical admitted to our Crminal Insane Department on Novembeen committed by your Court for observation and report. has been carefully observed, clld history has been obtained from a\Bilsble sources. As a result of our observations, we beg to report that in our opim.on he is not now insane and that he has not been insane or psychotic since admission. we do find that he is suffering from a fairly severe psychoneurosis characterized by feelings of inferiority, sensitivity about the mucuous colitis from which he suffers an:i which has just about wrecked any opportunity for social life; along with this he shows hysterical anxiety and compulsive features. It should be stated that he was studied in 1948 in the Neuropsychiatric Division of the University of Virginia Hospital, and it was felt by them that he was psychotic. It is felt that he is 1nentally competent and able to testify in his own defense. r ~. Respectfully, ~ Joseph R. Blalock, Superintendent. JRB/st Mo D., M. D. �,"I �I Docket No. oc COMMONWEALTH ) vs. ) 1953 of VIRGINIA Felony ) On Warrant ( arson) ~ MARVIN D. SHOWALTER Julian K. Hickman -----=--:,--------------:----c-----P· Own ( ) Appointed ( x) d. I -, J·o .JI !_}.f) c;r,~v. i}tt t{,. -~ J/w--111.. JI 'i ..,, ? :JI ,.) . '0 I _j-11 ') ") i - l 3i 1 ~ CIRCUIT COURTOF ROCKINGHAM COUNTY# VA. ��PRE-SENTENCE INVESTIGATION Staunton, Virginia November 2, 19,3 CITIZE:,JSHIP: American NAJ.IB: Marvin Dewitt Showalter ADDRESS: Rt. f'-3, Harrisonburg, OFFENSE: Va. HAR.ITAL STATUS: Single AGE: 31 (Born 4-15-22) NO. OF DEPENDENTS:None SEX: Male OFFENSE: Arson RACE: White CO~ ONWEALTH ATTORNEY:George Conrad The subject admits that he set four separate fires in the Kavanaugh Hotel in Harrisonburg, Virginia, over a period of approximately two years; May 1950 to October 1952. It is reported that he admitted starting a fire in May 19~0 in a basement room under the kitchen in a pile of kindling. This fire caused approximately $8,000.00 damage. Again on July 24th, he admits that he set a small fire in the check room near the desk of the Kavanaugh Hotel and on July 26th he set another by dropping a match in a trash can in one of the rooms nearby. The fire which occurred on Saturday night, October 11, 1952, was set by the subject to some clothing in the locker room used by the kitchen help in the baserent of the Kavanaugh Hotel. Showalter stated that he was in his room on the third floor on the night in question reading and that he got an urge to set the fire and went to the basement where he set fire to the clothing and then returned to his room. He called the desk clerk, Mr. Wampler, and asked him if he ffinelled smoke. He stated that he did not. Showalter then called Mr. William Geary, Manager of the Kavanaugh Hotel,and asked him if he smelled smoke. Mr. Geary opened the door and found that smoke was coming up the elevator shaft. This fired destroyed the telephone and electric service, therefore plunging the building into darkness. -Ir. Geary, the subject and other employees aroused the forty guests who w:iere in the hotel at the tire. This fire also caused approxL'llately ~8,000.00 darnage. After a lengthy investigation conducted by the Harrisonburg Police Department, Fire Chief and the State Fire Earshall, the subject ad.im.tted his guilt. On October 20, 1952, he waived indicG~ent. The court appointed Mr. Julian K. Hickman to represent the accused. On November 6, 1952, on motion of the counsel for Showalter, he was sent to the Southwestern State Hospital at Marion for observation. A report was received from Dr. Blalock on October 1, 1953, stating that the subject was sane and able to testify in his own behalf. On October 21, 1953, the accused through his counsel changed his plea of not guilty to guilty before the Honorable Hamilton Saas, Judge presiding over the Rockingham County Circuit Court. The Coro:nonwealth was represented by Mr. George Conrad. After hearing the evidence, this man was found guilty. On motion of the accused, t,,~e court referred this case to the Probation Officer for an investigation and report. PRIORRECORD: No prior record was found against this man in the area. ��RE: Marvin Dewitt Showalter Page 2 . . . . . . . . . . FAMIT,Y I-ITSTORY: Marvin D. Showalter, born April 15, 1922, is the third of eight children born to Ernest D. and Beulah Coakley Showalter in Rockingham County. The father was employed as a tenant farmer on farms in this county for a number of years. For the past eleven years he has been employed as a plumber working for Mr. Fred Garber in Harrisonburg, Virginia. The mother's chief experience has been that of a housewife and both parents enjoy a favorable reputation. When the subject was approximately nine years of age, he went to live with Mr. and Mrs. E. C. Shifflett near Pleasant Valley where he made his home until after he completed high school when he was approximately twenty-one years of age. This boy was no problem whatsoever as a juvenile and appears to have been a very obedient and well behaved child. HOMEANDNEIG-IBOR.B:OOD: This man has made his home for a-number of years with his parents who now live in a two-story, frai~e, stucco house located approximately three miles east of Harrisonburg on U.S. Route #33. This is a six-room home neatly furnished and in a good state of repair. EDUCATIO ~: Marvin Showalter entered school when he was eight years of age and completed high school at approximately twenty-one years of age. RELIGION: The subject is a member of the Pleasant Valley U~ B. Church where he was very active until recent years when he displayed very little interest in religious matters. appears to have stayed INTERESTSAND '1his man has no close associates, it is reported that he had a very pleasing personality. ACTIVITIES: time reading, attending movies and displayed very little osite sex. to himself although He spent his leisure interest in the opp- HEALTH: This man has been in bad health for a number of years. He was convinced in his ovm mind that he had cancer until it was proven otherwise during his stclf at Marion. It appears that he spent a long period of time in the hospital at Charlottesville in 1945, was off the job sick again during the year of 1948 and spent considerable time in the Rockingham Memorial Hospital. This man stated that while at the Southwestern State Hospital they apparently found his trouble and his health is now much improved, although he continues to be in a very nervous condition. EMPLOYMENT: This man established a very stable employment record having been employed after getting out of high school at the DuPlan Corporation in Grottoes. He was employed for a short period of time in Baltimore at a manufacturing company, until he was forced to return home due to his health. From 1946 to 1948 he was employed as a clerk at the Hotel Warren in Harrisonburg. He was again forced to give up his job due to his health and in 1948 he was employed by the Kavanaugh Hotel as a clerk where he remained until arrested for this offense. This man has no military history. RESOURCES: The subject ing,etc. has no resources other than a few personal items such as cloth- ��RE: Marvin Dewitt Showalter Page 3 ..... . SUMMARY: Marvin Dewitt Showalter, age thirty-one, admitted that he set four fires in the Kavanaugh Hotel in Harrisonburg, Virginia. He stands indicted for the last fire which occurred on Saturday night, October 11, 1952. He waived indictment; was later ordered sent to Marion for observation where he remained almost a year. Dr. Blalock advised the court on October l, 1953, that the subject was sane and able to testify in his own behalf. On October 21, 1953, through his court appointed attorney, Mr. Julian K. Hickman, he changed his plea from not guilty to guilty. After hearing the evidence, the court found the subject guilty and referred the case to the Probation Officer for a report and investigation. The subject has no prior record, is the third of eight children born to Ernest and Beulah Coakly Showalter on April 15, 1922. This boy has lived with Mrs. E. C. Shifflett at Pleasant Valley for a number of years. He now makes his home with his parents who live in a two-story stucco house located approximately two miles east of Harrisonburg on U.S. Route #33. He completed high school at Bridgewater, Virginia, when approximately twentyone years of age. He is a member of the Pleasant Valley U. B. Church. Showalter spends his leisure time reading and attending movies. He displays no interest in the opposite sex and has no close associates. This man has very poor health having been under constant treatment for a period of approximately a year in 1945 and again for another year in 1947. Since his confinement at Southwestern State Hospital, his condition is much improved. This man has a stable employment record having worked at several manufacturing plants. For the last several years he has been employed as a hotel clerk. He has no military history and no resources. Due to the seriousness of this offense and the fact that this man admits he set these fires possibly to destroy himself endangering the lives OMMENDATION: deliberately of a great number of people, I do not reconnnend favorable consideration for probation. Therefore, no plan is offered. PLAN.<\NDREC- Respectfully submitted, William H. Ralston Probation and Parole WHR/aee Officer ��s er 14,1953 t . Jo So th ph R. 1 loc, Su rint rn St t Ho pital r1on, in1 In Res ent arr • o lt r r Sirs ply gardi d 1 r to he t or Ma Appr ciati r of - d D. Sho ~t l; 195'3 r n Evan, h or , but b tor would 11k to hav tr. r d ton Very trul J. Rob rt Cl r C 1no H wl to th abov, I yours, s tz £1>1( 1;50BEl:S.l. HOM t 2Ml.l.:S: IS u~r;. o 1p .•• 1 S' l:S.!.1:Slfl'l p.. J rn . O{ JH ti �QLletk's ®ffic:.e HON, H. W. BERTRAM JUDGE J. ROBERT CLERK SWITZER <!tirruit <!tourtof Jorkingqant <!tountu " ~arrisnnhurg, l!Iirginia DEPUTIES F. COFFMAN WILMER MARGIE MARGARET BOWERS 8. WENGER �I oc.a I CUI CO T 0 1' .8 OU TY, VI GI I, GI November 6, 1952. Common-:H~ 1th r On r n indictment vs. arvin D. ~- D., and it of the a ble, to deliver 0 for to the the concti-t;ion, is $heriff her the or the l ts directed pursuant by di rec , bod u, county, • Showt'l ter t Southtion obser·r• ~. d to the provi- , and the super- in his Linding to cu~ tody ;hose s soon £.s raay be pr<,.ctic- of t e "&id Marvin purpo!-'es ment·l 1 in.an to re ort of this o.n for of hi for L. defendant, arvinD. crimin F. inrtitut &. said ~,10.rion, Virginia, mental hospit nd the s~ id hos oi t· 1 ( ;:~rson) made by this 19-202 of the Code of Virgini of said , c cm:ed is, th&t be comnitted OH.CE.-l.8D th·t t..t his ection co 1r . therefrom department concerning intendent tt is tote report ·e m~y be a dete~mination fit te Ho·pitcl report sions th is hereby it be com itted estern should so thrt condition, n of .,he written cppearin, !£,.rvin D. S 1or10.ltcr, observation elony alter 'ho On considerati Byers, f'or a hereinbe fore D. cho val ter set forth to . . co y. Executed deliver this 9th day of }ovember by ne the said farvin D. Showalter to southwestern SheDiff s~'?'~---of Rockingham CouniY__ �u 0 0 0 I b l • 0 8 • il j- W • V 1o l • • l: .t -t l -+ . \J r,·atr 'H.C~e \r., 'Ou 'l ~ r rf J 0 j J:,1')0_•: 0 .S 1" i 'H V • [ , f!'l.._;~+ 8 '"'',i rlJ [...'1.. ' J [_,_-., \I n 8 ) �IN THE CIRCUIT COURTOF ROCKINGh.AJIIJ. COUNTY,VIRGINIA, October 3, 1953. Commonwealth On a varrant vs. It being Su~rinyenJe.·tt iarvin shall to .srid t 1e cou (arson) jai rhos H received the ~heri to be el L.CCUS- in titution ,.dd to return - m 1t it l the custody .:..nd deliver is the cus- ~,aid hos ~nd upon receiving t the r 1~ order d to proceed co11mitnlent shall fr~ t the ti it o:re committed eted; the sheriff to rn Sti:te previous str .d termi , t .. e rom • repor for the purpo e of receiving ho.:ipitc.l 1..>cu ed, thereupon county now srne, i of ss.icJ i.ccused, the hereto D. Sho .' lter, fortl~ith o de to appear of tt.e So t v,est for obs-rvetion, tody elony a D. 6 o~~lter arvin ed, charging him to tr i l • CKl 'GH •, To-·.·vit: (Ji: I, J. Robert ~itzer, Cler o th· Circu~t Court of Virginia, do h reby certifJ that th0 oregoing is a t.rue and corr ct copy of a 1 order of tl e s;:.id Court entered on October 3, 1953, 1 t e nu.. tter of orlll!!onP. clth vs. i:..c. vin D. Sho·,,clte , s the ~- m ppec:.r • of ecoru in my office as Clerk a.fores.id. LOCKingh- n Coun.ty, Give u der y h,...nct &.1·d t! e eb. of tt"~e d ourt, t Hr..rri sonburg, .t c inch u County, \/1 r ini , t,l).i Jrd d,.y o October, 953. ,.CJ _______________ , ClerK. �iid"l 0 -ro s) ..sn--:: :;·" 'n c:., 0 .0 l n '.) .2v ~ 0 j ... :,9WfiOlI!f1:0 f'"l l • 0 0 l l: .t .t 1 1 .t 1 ,.) .. L • 0 'i oj l l 1: nw:t ..c j L 0 0 0 'l 1. f.": -:, ~ I .L ll-' • l - (. �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY, VIRGINIA, October 3, 1953. Commonwealth On a warrant vs. charging a felony (arson) Marvin D. Showalter It being Superintendent made to appear of the Southwestern ed, Marvin D. Showalter, for observation, forthwith tody shall to said thereupon hospital accused, the county jail, stand tne State heretofore is now sane, of the accused, of said from a report sheriff for the purpose whose previous terminated; sheriff there Hospital committed the received that shall institution is ordered to proceed of receiving the cus- commitment to said return to be held the accus- to said and upon receiving to await hospital the custody and deliver his from the him to trial. STATE OF VIRGINIA, COUNTYOF ROCKINGHAM, To-wit: I, J. Robert Switzer, Clerk of the Circuit Court of Rockingham County, Virginia, do hereby certify that the foregoing is a true and correct copy of an order of the said Court entered on October 3, 1953, in the matter of Commonwealth vs. Marvin D. Showalter, as the same appears of record in my office as Clerk aforesaid. Given under my hand and the seal of the said at Harrisonburg, Rockingham County, Virginia, 3rd day of October, 1953. ~/~ ti Ececuted this 6th day of October Court, this , Clerk. 1953 by returning the sa~'7~/~;~. ...._..,.....,a...._,_...,.....;~B.=,~·.._.._..~.rom the Southwestern _,. State Hospital County Jail and delivering to await his trial. him to the Rockingham �t 0. t 0 t t .., �/vJJ1J?V111: ;z?.Y/tJll/AL7E)f, K, I., the accused in the attached warrant, in open court before the Judge o.Lthe Circuit Court of Rockingham County, Virginia, this z.q ~ day of @CLT: -~E 195..e::-,do hereby voluntarily waive indictment on the said charge of Lftf-:St?J~ Witness: Attorney . ��--Comp. Form 18 f STATE OF VIRGINIA COUNTY OF Rockingham No .._____ To-Wit, _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, __ _.,._J-=ul=i=u=s~.t<,,___,,_.--=Ri=· -=-t-=-ch=i-=-e~, _C-=--l=n.=· -=-e=f-~o~f_P=---..::...01=1.=· c~e____________ ·----- has this day made complaint and information on oath before me, __,G=e=o"-'r~~,;=>'e"-"R=••L__:P=-=r=-=i=-=c::...:e;___ _________ _ (Name) ,Justice of the i'ef'.c of the sai~, that Marvin D. Showalter (Title) City _____________________________________ did on the 11th day ot in the night-time in the city October . 19g_: maliciously burn, of' Harrisonburg ju vjoJation and dignity in the said~· of Section of the in part, in which 18-148 persons of the feloniously Unlawfully and the Kavanaugh were lodging Code of Virginia Hotel building at the against time, the peace common~ealth. These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court -tlii~~~~nty, the body (~) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon color ___ _ color ___ Address --------------- □ _ Address--------------- □ ---------------□ color ____ Address color Address --------------- □ color Address --------------- □ as witnesses. Given under my hand and seal, this 16th 'J."r--fi--""'='-"'--7=--=--+l-'----I------, _____...!~'__,i,CJt.~~4-AL.....J~~~~~~~Rs:) 12 52 �STATE OF VIRGINIA-COUNTY OF-------------------~ to-wit: Trial Justice Justice of the Peace I' -------------------a in and for the County aforesaid, State of Virginia, do certify that and --------------------------. to the Commonwealth ($,________ as his suret ____ __,have this day each acknowledged themselves indebted Dollars of Virginia in the sum of --------------------------·--------- ), to be made and levied of their respective goods and chattels, lands, and tenements be rendered, yet upon this condition: That the said ___________________ of __________________ __::..___ County, on the _________ to the use of the Commonwealth to Circuit _, shall appear before the Court Trial Justice day of _____________ _, 19__ , at -----M., at ______________ _,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the IP.ave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said from the date hereof. shall keep the peace and be of good behavior for a period of_________ Given under my hand, this _____ _ day of ______________ ~ 19__ days _ ---------------- T.J., J.P. < "' (") 0 ... "' "' ti 0 n ~ t;rj 1-3 z p g: I-'• en • e... §f • $ 0 I-'> en s:: a a0 ::, ~ :::r oq 0 E (") 0 ... "' "' > ... 0 .., ::, '< " ~ Ei ",. "' "' > .., ., § ,.Ei '11 "' "' "" Ill > ... ., "' .., .., Ill ... ::, ... p. "' 0 0 '0 '0 '< - "' ., "' n, O"' p. " td ::, "' .., "' p. "" E s:: 0. n, ~ ::, p. ::, ""'... -l .., "., o' " ;. " 0 "' >-,J :r n, 0 0 rn ~ rn i -...J •N V1. • V1. 0 ..... •N \JI. 0 ::, ;. I\) • 8 ... n, r (") 0 s:: ::, ... :.< n 0 oq =· N "p. �SOUTHWESTERN MARION. STATE HOSPITAL JOSEPH VIRGINIA R, BLALOCK, SUPERINTENDENT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS 0gtober 1, 1953. Mr. J. Robert Switzer, Clerk, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Marvin D. Showalter. Dear Mr. Switzer: You will find enclosed in duplicate a report to the Court concerning the mental condition of the abovenamedo It would be appreciated if you would transmit the original to Judge Haas and retain the copy for your files, Py~:··~ Joseph Ro Blalock, M. D., Superintendento JRB/st Encl .. .2. M. D. ��COMMONWEALTH VS. ta !)ti~ DESCRIPTION ~at: OF PRISONER A,/-3 7Lflu ___________________________________________________________________________ _ Last known address _____fl~y---Color_ __~-----Marks __ ___{e Age ___J_( Height__~::-=:::-=2___ Hair__i_______ _ Weight_/ ___________ / (- ________________________________________________________________________ .._______________ _ ____________ Date of T riaL _/ Eyes ___~ Occupation ___2~-- _~--- _____________________________________ t>/ 1 ___~ ________________________________________________________________________________ _ Result _____________________________________________________________________________________________________ _ �) �In the Name of the Commonwealth of Virginia: / To the Slieriff of Rockingham County, Greeting: You are hereby commanded to summon ......... G.h.;l.~ ..f......J.~-JJ:µ~···BJ.~J~ ..t...W.JJi.!~.~······'····· Braithwaite. to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the .....2.6.th................. day of... ......... QQJQ1?..~.~···············································l9 ...1?..~, to testify and the truth to say in behalf of the Commonwealth ·······················- against ........................................................... . MARVIND. SHOWALTER ·····························································································--····························································-·-····-······················-·-· who stands charged with and indicted for a felony nmx:brffiKimfr. And this you shall not omit under penalty. And have then and there this Writ. Witness, ~~~~"'!J!i~, day of.. ....Q.c.t.oher. ................ , 19.53 ....., and in the 17..$......yea TH• ••• .,,c. PaEU, HAI.IUSON ■ UaG, ••. at the Court House, the ...2.0.t.P..... �Commonwealth v. ) Witness Sur11I11ons Marvin D. Showalter To October 26, 195 3 at 10 :OO a.m. 3 IN THE COUNTY or ROCKINGHAM BY DELIVE COPY F EXECUT£g/:LljS ' T ~at..h IN PE w~ &rz1:t;/uacufl 13v t •}:.h,LC)? / 1 U1 lJ c:. ±e7' - A. L.STRA~\!DtRL AN H-P.fff ROCKINGHAM COUNTY eJ �In the Name of the Commonwealth of Virginia: C~lp~=.r To the Sheriff of R~ib County, Greeting: . ' ••••••••••••U•••••••••••••••••••••••••O••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••OH•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the .....?.§.:t.h.................. day of.. .......... 9.~J.9.P~.~························•·····················19 to testify and the truth to say in behalf of the Commonwealth ~.?, ... against ........................................................... . ......................... .............................. MARV.IN ...P.•.... SHOWALTER ........................................................................................ . who stands charged with and indicted for a felony ~~ And this you shall not omit under penalty. And have then and there this Writ. Witness, ~~~-K~Per1~ifo~ft, day of...99..tg.~.~.t ................... , 19::5.9.... , and in the 17..~t?,- TH■ l ■ aTlct: PA.EU• IU,,1.a.UON ■ UI.C, t&.. at the Court House, the ...?..Q:!??. .... l-..-~;;;;:.,-...nwealth. �Commonwealth v. ) Witness Summons :Marvin D. Showalter To October 26, 1953 at 10:00 a.m. ~ :::, .... ... 0 ' �. Smyth In the Name of the Commonwealth of Virginia: To the Sheriff ofJ!XcJ:iliiiijlwm. County, Greeting: You are hereby commanded to summon ....P.~."·····~.'?.~.~.Ph....~."·····l:3.J..:.~~g<?..1!= ........................................... . . , .. --.. -.. -................................................................................................................ ·········································--······-·······-·-··············-----···--------·--- . to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ........ ?..?.~!: ............... day of.. .....9..~.!.<?.?..!:'.~ .................................................. 19..~~. to testify and the truth to say in behalf of the Commonwealth against ........................................................... . MARVIND. SHOWALTER who stands charged with and indicted for a felony ~r. And this you shall not omit under penalty. And have then and there this Writ. at the Court House, the ..2.0.t.h. .... Witness~~~. day of.. ...9.~.t9.:t?.~.r ................. , 19!5-.~ ....., and in the TH■ 1 ■ 1.'t'lc.& Pl.EU• HAl.1.JIONIUI.G• tA.. �Commonwealth v.) Witness Sunnnons . Marvin D. Showalter . To October 26, 1953 at 10:00 a. m. ~-0-···...da F~1tyd on the.... ~,:,1..ef:J..Wl of. .. ... co o �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: y OU are hereby commanded to summon ....(E.a:r.l ...W~mP.l..~P.,(wtl.JJ..:_gm ...EJL .......................... . ............................. Ge..ar..Y. ....{:O..o.t.h ....at ....K.av.an..a.i1&h ....l.I.o.t.e..1} ............................................................... . to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ........?.§J}?: .............. day of................ 99..t<?.°!=>.~.l:' ............................................ 19..P9., to testify and the truth to say in behalf of the Commonwealth against ......................................................... . MARVIND. SHOWALTER who stands charged with and indicted for a felony ooa~r. And this you shall not omit under penalty. And have then and there this Writ. the Court House, the ..g.Q.t.h .... Witness,~~gJ;RN~~~~~~~~;oM'a~at day of ______ g_~-~-??~-~·················, THI l ■ RYICR PI\ESS, HA-.&ISON ■ Ua.G, TA.. ?:!??=-,,""'"' 19....~9-.., and in the 17.. �Connnonwealth v.) Witness Summons Marvin D. Showalter To October 26, 1953 at 10 :00 a.m. - !OJ.ii I .6~ IN THE COUNTY llt C.:XECUTED. _____________ ROCKINGHAMBY DELIVE COP~OFJHE WITHI TO~~ , 801Jl1.PERSON. e du ""th-'1 t J. :u~ :w~ /Jep,. hr:-~ A. L.STRA'• ER,~L .i'~ HE fff ROCKINGHAM COUiffY �TRIAL JUSTICE COURT Criminal N<i 10760 Docket A Com'th V. ~ Defendant ~. ~ q,l,Y,Appearance date / o - / 6 - -l-7- Trial Date ilea of ~t7 - To Grand Jur,r. 10-16'2 �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Marvin D. Showalter Subject The topic of the resource Arson Description An account of the resource Defendant charged with arson. (note: mental health check) Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1953 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_017_006 Showalter https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_011_commonwealth-v-matthew-j-barber.pdf 405332887d0e343b1aa4f46c8694b003 PDF Text Text COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM,to-wit: In the Circuit Court of Rockingham The Grand Jurors the body of the Court of the _, 0~ Barber, burg, unlawfully night-time the legal thereto aforesaid, with said said and there or occupied the intent steal feloniously dignity City Upon the in the City of Harrison- being to then and enter to one E. L. a dwelling house situated and there being or outhouse in the City unlawfully in said then then and carry building; value of the aforesaid, steal did break and feloni- away the goods and chattels Matthew J. Barber did take, of the 1957, of the approximate in the which the said Matthew J. belonging of the goods and chattels building that therewith, and carry (48) batteries ($96.00), Circuit of which was in one Joe Kimmel, Joe Kimmel then and there eight the present building possession not then to take, in and for oath and feloniously a certain adjoining ously CountY., upon their 30th day of January, Virginia, building now attending 1957. 11 /\ Klingstein, said said fl13ovr Term, Commonwealth of Virginia, County of Rockingham, on the in the of the August County, said and forty- of Ninety-six Dollars Joe Kimmel in and there and there of the being unlawfully away, against the found, and peace and Commonwealth of Virginia. evidence sworn in open Court of Jesse and sent J. Sager and David Rubin, to the Grand Jury to give witnesses evidence. �F 1>--v1 Z-/- INDICTMENT BAR.BER C0.MM:0NWEALTH v. MATTHEW J. A TRUE BILL Charles Eo Earillan, Jr. Commonwealth's Attorney • �+ ��COMMONWEALTH v. MATTHEW J . BARBER INSTRUCTION ---- The Court instructs this the jury case is a mere accusation and is not, guilt; of itself, and no juror against the defendant in this case. I permit because the indictment or charge any evidence should that against in the defendant, of the defendant's himself or on account to be influenced of the indictment �.... ( . ., (. �COMMONWEALTH v. MATTHEW J. BARBER INSTRUCTaiON ----The Court instructs defendant the jury to be innocent until that the law presumes he is proved guilty in the indictment by the Commonwealth by evidence reasonable doubt, and to the exclusion hypothesis or theory presumption the entire after of innocence case, having against doubt of the guilt or as to any fact essent:ia. it of the doubt and find or the probability however strong, sufficient of the evidence him in the indictment, the benefit suspicion, all with his at every if the greater evidence supports evidence amounts to proof weight the charge beyond all innocence. stage This throughout thereof, and if, in the case, the jury of the accused upon the to prove the charge is their made duty to give the defendant him not guilty. of the guilt is not sufficient as charged of every reasonable goes with the defendant and applies heard have a reasonable whole case, consistent the Mere of the defendant, to convict, nor is it or preponderance in the indictment, beyond every reasonable of the unless doubt. such ��COMMONWFALTH v. MATTHEW BARBER INSTRUCTION In considering burden of proving the Court whether the instructs nor its is founded on reason, or possible proved doubt, guilty guilt of the the "reasonable" or not the jury accused that meaning. Commonwealth has met its beyond reasonable you should not overlook A reasonable doubt and is not to be confused for imaginable, the word is a doubt which with the law does not say that beyond every doubt, imaginable a man must be conceivable, or possible doubt. In passing the jury must limit at the trial inferences of this to create inferences consideration case, to the including the the from lack questionable material doubt, presented and reasonable cannot go beyond such nor can you go beyond such evidence jury should of evidence, proof fact evidence natural The jury of the charge, to of guilt. Furthermore, arising its of the proof to be drawn therefrom. evidence find upon the sufficiency bear from conflicting of any particular essential and not a mere doubt in mind that fact, to the proof concerning any~ doubt testimony, or from sha.il.d be a doubt of the guilt immaterial of a of the accused and nonessential cir- cumstances. If, evidence, after a reasonable your minds are left you from reaching then belief the Commonwealth has failed If, on the other of all conviction of the truth reasonable the doubt. hand, consideration in such a state a convinced sideration all and honest after evidence of the an impartial in the charge, of doubt of the guilt to meet its case, of all of the as to prevent of the accused, burden. and reasonable con- you have an abiding you are then satisfied beyond ��Commonwea Ith v. Barber INSTRUCTIONNO. The Court instructs the jury that the exclusive possession of recently stolen property unaccompanied by a reasonable account of how the possession of the stolen property was acquired, creates a presumption that the possessor is the one who stole the property, and if you find from the evidence, beyond a reasonable doubt that Matthew Barber was in exclusive possession of the batteries recently stolen from Joseph Kimmel and that Matthew Barber has not given a reasonable account of the possession of the batteries, find the said Barber guilty of larceny. then you will ��COMMONWEALTH v. MATTHEW J. BARBER INSTRUCTION_\/ __ .,.,-__ The Court possession of stolen presumption is an explanation would leave the jury only prima a reasonable were stolen, stole that goods is presumed facie and if of how he came into not he actually they instructs doubt _ although one found to be the thief, the possession defendant of the this makes such goods as in your minds as to whether or received it would be your in or them, knowing at the time that duty to acquit. ��COltMONWEALTH v. MATTHEWJ. BARBER INSTRUCT ION The Court evidence evidence, is further just as legal provided that of such character of the instructs defendant's jury and may be just the and force guilt the --- attending that circumstantial as effective circumstances as to satisfy beyond reasonable as direct proven the minds of the are jury doubt. • �" �COMMONWEALTH V. MATTHEWJ. BARBER INSTRUCTION The Court must always a verdict a character instructs be scanned of guilty with unless and tendency minds a moral the certainty jury great 7 --- that circumstantial caution and can never the circumstances as to produce of the guilt evidence proved upon fair of the are justify of such and unprejudiced accused. �• �COM}ONWEALTH v. MATTHEW B.ARBER f INSTRUCT ION • The Court is a question to determine instructs the exclusively from the for manner of testifying, their testimony, their or lack nesses to the parties, result of the trial, circumstances apparent if any, and to give and the reas,onableness candor the on the trial, such testimony, the credibility and consistency their the relationship int ere st right determine relative of apparent of the wit- of the witness and from all accordingly. have the on the stand, and fairness, and what is the credit of witnesses jury of the witnesses if any appear, of credit Ii- ii jury; of intelligence, appearing fJ the the are more worthy 9-rO- that appearance their intelligence jury other in the surrounding which witnesses weight of any �• �August 24, 1957. Commonwealth v. On an indictment for a felony (breaking and entering) Matthew J. Barber This day came the attorney Matthew J. Barber, Harry Blatt. venire twenty and free of said twenty whereupon, under a writ who each alternately struck twelve, namely, for therefrom Irene selected and truly prieoner try as aforesaid and true at the bar and a true the evidence. And having the attorney for moved the court fourth deliverance the names of four per- Hedrick, line verdict Stanley the words 11or over the objection were sworn to well the commonwealth and the according xmxr2x« by inserting in the about" so that same will the accused, moved the court further, which motions required the court to file herein1ere was released by counsel, the commonwealth to file for Bf~inue.nce herein continued on his ~ granted; until l- because a bill or and the indictment ed. • -',( read.t'on 1957 .. ", xwam±x which motion the court of the accused, 'P--t.A. -J._,1,_ I. of the evidence, of witnesses, said accused, for to the law and the examination amended, to which action attorney C. A. and Maynard E. was accordingly Thereupon, Davis, D. Grim, Robert with the hearing during to amend the indictment the 30th day of January, granted render then proceeded the commonwealth, thereof the jury, make between the names the commonwealth and Rames E. Comer, Joseph to constitute of and found duly containing Herry F. Bowman, Iva C. Gordon, Myrle Hulvey, Hoover, about and by his attorney, a list was handed to the attolney Galen Kagey, Bonnie Shaver, Frazier, and the accused, were examined by the court from exception; and the remaining Cl2rk, recognizance summoned by the sheriff persons persons the accused, sons, to his And from persons facias, qualified came pursuant for the commonwealth, a bill by counsel, to require of particulars,xmr:i:x he was taken by surprise, and the attorney of particulars, Tuesday, said recognizance- exceptthe and both of for the com,~onwealth is and further September 10 next, proceedings and said accused Y. ��CO fMONWEALTHOF VIRGINIA IN THE CIRCUIT COURT FOR THE COUNTY O ROCKINGHAM COMMONWEALTH v. 1-l.ATTHEW ·J. BARBER s BILL OF P.ARI'IC Comes now the Attorney day of August, against Matthew J. him by the says did unlawfully January January 30, 1957, and enter Klingstein and carry steal property the particulars of this Court 27, 1957, in the at its a certain sometime building away forty-eight atthew between owned by E. L. intent batteries, to take, the proper- building,and (48) batteries, Joe Kimmel, the value noon Virginia, the in said J. of Wednesday, or warehouse by Joe Ki1mnel with against Term, 1957, a of Harrisonburg, Joe Kimmel, located of the said August to prove away used motor vehicle and carry returned and the afternoon City 27th of the charge upon an indictment and feloniously, and rented ty of the said take, Barber the Commonwealth this the Commonwealth expects of Sunday, steal and for Grand Jury that Barber break 1957, for did the of which exceeded $88.80. fit~dln the Cer Office ft@Qk111 hamCo nty,V 1/ 1 57 . ��COMJIONWEALTH v. MATTHEWBARBER CHARGE TO JURY If you find charged in the the accused indictment, by confinement in-the guilty you will penitentiary or, in jail exceeding a period not exceeding Five not then in the you will penitentiary or, in your exceeding indictment, not less discretion, twelve than discretion, twelve the accused say so and fix for in your not less his as punishment one year by confinement months and by a fine Hundred Dollars. If you do not find as charged and entering say so and fix for nor more than ten years, for of breaking guilty but find his than him guilty punishment one year by confinement months and by a fine of breaking and entering, of grand by confinement larceny, in the nor more than ten years, in jail for not exceeding a period not Five Hundred Dollars. If you find him not guilty, you will say so and no more. �J ��·--- ��__J �L �1 1 �~~1Cc f e;;;.~~e-ecc-C:--;? .,. ~ -t'~z:-c-,,,L ~ ~/ ..~' ,.----z,.= ~zc <L ~-r l- ~/ /z: z._ ~t J/,,_ c S:-L ...... c 7/--/~ ✓ br [..J-C''---C LI~~-- ~ .:d ,,,,p- et..~z. t'f-~~ 4 61_-4 ~k -~ -"t ��TRIAL JUSTICE COURT Criminal Docket NC? 23519 Com'th V. "- IJI •Appearance Date Trial Date ~' - 'f - J:3 - - S I J-/ ~- t-1--~ ~Jl)'f ~ - {,,2.r,-~7 -2: f? /v/. ~- "1-1,-~ cfJ·,J?.11 A ��In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded to summon ...S.t ......Cla.ir of Rockingham County, Greeting: ..B.arbe.r., ...H:u.ey...Jone.s.,. ...Ruth ...Jone s, r .......................................................... ···.,;,·····l····•·············• ·' ···········································································••o,••·········•·•·•··•···················••·••···················································· to a~ear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, 9: O at o'clock, a. m., on the .24thlay say in behalf . . . . .. . . . . .. . . .. .. . .... of the Defendant . . ...... of........Augus..t, ............ 195.7 ... to testify and the truth to in the proserntion of the Commonwealth against........ ............................... . ... . . ... . M.~.t.tJ;i,~.w ... J.,.___ B..arb.e.r................................................................................ .. who stands charged with and indicted for a felony 1ii~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court Home, the ..21st day of ...August .............19.57 .., and in the 182_d" of th~,Co mon?f a/th. flgft::J,~-~-· i===r= .......... ..·•Clerk~ ~ - • �Exec~tedon th~..~~ ...day o~·······~ ......:.................... , 19.~., In the County of ~~•.:~~:=:~••~•:,a:~_':":;_•_:p,o~~ fmdmgih£A.;t.... there, or ili,y c.lnr p, ~ , , , '.' ;,ar:: , -~.-·,. J couid be mode, I Iott a true copy of the abo,'} menfa,:-::d p..;pcr.; "';'~~.,..;u ,.: c;;.,.:1":;,~r, posted on lhe f•·•t tfoor of~-· usual place of a:,ode. R.C. ,...d~~~~~e::a=:~S. {!~. ..... /.3.~ Not finding,_... place of abode, Executed .......~······,22.t-···/2.s:._.7- true copy of t!:fa~. -····-······················ ..·:-··. ............... at his usual ......by to .....-9.~ . delivering a .....Ma...~.~.~-- !!~ ... d~ i~ pcr"U ·, ~[ sruJ.••• :~ place of e!,.ode.. / '7'../. fl~~···.r:/,. .., bdni a m~mber of family abov..: th.! a/e of 16 y.::urs, and explaining the DUrpod thereof to her. ~ ---; ~....S.R.C. HE COUNTYO.t ROCKINGHAM BY DELILA COP~~ ~-" ~ • \ r ·i;;J ~ & ~':. c\i("~ /:?j ~ ~ -(J\, ,.... ~~§~ - .~ ~ ~,.,, #~-e-,:§ ~ ~ § IC") ~ ~oa (· WITHIN To ---- ·-~A-s4~r·- TRUE ~c ·1 l~ - 'TV crs c Q �-.iJ~.. Not finding ....... ~...................... at his usual delivering a place of abode, Executt·········z~~L----······:···········by true cyyo~ this.~ ····.d~ ~-77---;,·-·~·- •••to •••••• ..._...__.._.__ jn person, at said... . , . • ....~ . ~' usual place of abode ......·--····~·. ...... !.·--·-·-····, bemg a member of his family above the age of 16 years'./j'1 exp • • the purport thereof to her. ---~·✓-..c.:. ;Deputy Sb,erif . . S.R.C. ��In the Name of the Commonwealth of Virginia: To the, Sheriff of Rockingham You ~re hereby commanded County, Greeting: to summon ........................................................... DA.VID...RUBIN ............ J.unk ..Yard ................................................................................... .. ...........................................................JOE ...KOOIEL.................... ....................................................................................................... . 11 ...............................OFFICER. ...SA.GER.. ......... ......... ....... .....ORMRODE. JITLLI to appear before the Judge o'clock, a. m., on the Commonwealth of the Circuit . ...... ~) ............................................................................ .. S. Court of Rockingham County, at the Court House thereof, at 9 :30 lOtb. day of .. S.~pt~m.:b.~r........., 19...5.7, to testify and the truth to say in behalf of the befflore>-the-6nn-rd-}tt'l"y, against ..1'IAT.THEW.. BARBER ............ ................................................................. .. who stands charged with and indicted for a felony And this you shall not omit under penalty. Witness, .. El~ CHARLES E. EARMAN, 11t1~~!MW>l'. And have then and there this Writ. JR., Commonwealth's Attorney for Rockingham County and the City of �----1!JAECUTED ll'/_t~ THE COUNTYOl" ROCKI.NGHAM BY DELIVER ~lS..ECUTE&::.2 7-f l'NTm.; COUNTY~r ROCKINGHAM BY DELI COPZ THE WITHIN A TRUE ~~ TO 11f'PERSON. q:;;:~ . A.L.STRA\1J SHER; ROCKINGHAM COUNTY ~CUTED ROCKIN 7/4,/4--z..I THE COUNTYOY AMBY rt LIVER~ ATRUE VI Hil~dQ<f:'l. COPY OF ' TQ ____ ~------- IN PERSON. .:.Ar.:CJ1'E~'e/f.,.-~I.N'l'HE COUN'l')' l, ROCKINGHAM BY DELIV ING A TRUE. co?'~HE ~ITHI~~~~~­ T~ ~~ ~RON. ~.:$~-$? • �In the Name of the Commonwealth of Virginia: To the, Sheriff of Rockingham You are hereby commanded .................................................... County, Greeting: to summon OF.F.I.CER ... J .•.... J......SAGER.. .................................................... DAY.ID ...RUB.IN......( il.u...n.k ...Y. ~rd) ............................................................................................. . to appear before the Judge o'clock, a. 111., Commonwealth on the of the Circuit 19.t.h..day of Court of Rockingham . Au.gust before the Grand Jury, against. who stands charged with crnd-indi~d CHARLES Harrisonburg, Virginia, of the Commonwealth. E. EARMAN, at the Court House thereof, at 9:30 .., 19.5.7., to testify and the truth to say in behalf of the .....MAT.THEW ..J......B.ARBER .................... ............................................ . -fm-a felony mn;denreancrr. And this you shall not omit under penalty. Witness, County, And have then and there this Writ. JR., Commonwealth's at the Court House, the ..5th .....of Attorney ..August for Rockingham .. County and the City of . . /~ the .eU z ~c.~.~.. Commonwealth's Attorney ---,,.....,,c.. �IN THE COUNTY 0 ROCKINGHAM BY DELIVER GA T ~ EXECUTEDK-fJ7 COPY ; n'H&-f...Q R ,¼ o...t'1 ~1..ECUTED!;i ..-_0 _-_IN THE COUNTY Ul ROCKINGHAM BY DELIVE~ING A TRUE COPY~F THE WIWIN~ TO£~~-::__K,~~~::::._ I?~• ~&~& __ ·-·······-····· �In the Name of the Commonwealth of Virginia: To the· Sheriff of Rockingham You are hereby commanded to summon ....................................................... OFF.I.CER ..J.ES.SE County, Greeting: ... J ....SAG.ER ....................../. .........?.................................................. .. DAVIDRUBIN ........................................................................................................................... Junk Yard ........................................................................................ , to appear before the Judge o'clock, a. m., on the Commonwealth of the Circuit Court of Rockingham .2..4tb. ..day of County, at the Court House thereof, .. at 9 :30 Aug.ust ................... , 19 5.7, to testify and the truth to say in behalf of the bei~..J:.1.~~-.1.1~J.u.¥,against ......MA.T.THEW ..BARBER.................. .......................................................... . who stands charged with and indicted for a felony-fflffi@@-11i-6aRM.,. And this you shall not omit under penalty. Witness, CHARLES Harrisonburg, Virginia, of the Commonwealth. • E. EARMAN, And have then and there this Writ. JR., Commonwealth's at the Court House, the 2 Oth ...of Attorney for Rockingl~am County and the City of August.. ~ . ,~~1d. _? / ........... Commonwealth's ~ ........... Attorney the ~ ..... .. �~.&ECUTED~/vb THE ROCKINGHAM BY DELIVER COPYO Not findW...,.£2~~·-··-·---··-········•t place of abode, . L.s ::z:·=~•··-4·~.2 true copy of th. ROCKI GHAM COUNTY ··-·-···_ .______ WFF his usual ual place of abod ___ his family a to her. - ro ~~ ...to .. .#~££· .in pers n, at said... 4 ?<{;<e-r' .... by delivering a being a member of laining the vurport .the60f ~-----···-, e ..,.,.,.. �In the Name of the Commonwealth of Virginia: To the, Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ...,.................................................................... O.R:MR..ODE ...WI.I.,I,_I.A}fS .............................................................................................. . to appear before the Judge o'clock, a. rn., on the Commonwealth of the Circuit ..2.4.1.P.day of Court of Rockingham J\µgµ~rt.................... , 19 5.7., to -+~~~~he-Gi.a~4~wry, And this you shall not omit under penalty. Harrisonburg, CHARLES Virginia, E. EARMAN, at the Court House thereof, at 9:30 testify and the truth to say in behalf of the against .... )[at.thew. ..Barber ............. ................................................................ . who stands charged with and indicted for a felony Witness, County. 1TITS'l'let1'Cffl'l.el": And have then and there this Writ. JR., Commonwealth's at the Court House, the Attorney . Z.0.tbf ... of th, Commonwealth. .~ for Rockingham ·~i.., ~µ_g»t. ~ .. County and the City of z /c~ 1~..::-drthe ... . .. . ... . .. ~- .............. Commonwealth's Attorney 182nd)'. 'PY"~ �i:<_;J;:ECUTED~__.__.._IN THE COUN'J!Y01' ROCKINGHAMBY DELIVER GA TRUE COP -.,,,_.,,.,_ A. L.STRAWDERMAN SH Rf F ROCKING!;i;.1COUNTY _t(O �In the Name of the Commonwealth of Virginia: To the· Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ............................................................... J.OE...K IMEL, ...Junk. ..Yard ......................................................................................... . to appear before the Judge of the Circuit Court of Rockingham o'ciock, a. m., on the . :241.Jliay of . .. . August .. Commonwealth "'the-6-rami-J,.rry, brlCl't"t': , 1S67., County, at the Court House thereof, at 9 :30 to testify and the truth to say in behalf of the against ..... MATTHEW .. B.ARBER ............................ . who stands charged with and indicted for a felony~~i,,;~i.or. And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, And have then and there this Writ. JR., Commonwealth's Attorney for Rockingham County and the City of �~c TED.£,&~~IN THE COUNT Or ROCKINGHAM BY DELIVER NGA TRUE COPY 0 �Comp. Form 18 l STAl'E OF VIRGINIA COUN<JCI.OF Harriscnburg City No _____ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: J.J. Whereas, Sager has this day made complaint and information on oath before me , Justice City (TittcJ 30th break and enter the property to take, day 0£ Barber , 19-2!_: :in the night,..time a certain with intent ltea.1 and carry away and forw feloniously _i·n the said~ January of E.L. Klingstein, value of $96.00, _ kake of the said ~ tha~-------------- Matthew J. _________________________________ did on the _____c:.....:..______c _________ (Name) of The Peace ---------=-:--:---------- John G. _____ the property eight buildin1, not occupied (48) batteries of Joe Kimmel found therein take, stea.1 and carry away, against and feloniously, Unlawfully the goods and chattels City as a dwelling, found therein of the appro:ximate did unlawfully the peace and dignity and ef the Co·mnonwealth of' Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Rockingham Lili )Jill[[ Court of tll!::axiJdCounty, the body (ll:Xlltls) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon ---------------- --------------□ color ____ Address color ____ Address --------------□ color ____ Address --------------□ color ____ Address color ____ Address -------------- □ as witnesses. Given under my hand and seal, this 28th (Title of Issuing Officer) JUSTICE OF THE PEACE (Seal) �City STATE OF VIRGINIA-Cfli'ln,'\' Harrisonburg OF ----Alldmt"'""¥W_.,,1fffliixbmt,..,,......,fuw.--..........-------, John G. Leake I, a -- Justice of the Peace to-wit: in and for the "~:'{foresaid, _, State of Virginia, do certify Matthew J. Barber that y__ , have One Thousand----------------------- and __ !_._F_r_a_n_k __ C_l_i_Jl_e _______________ to the Commonwealth 1000.00 ($ , as his suret __ of Virginia m the sum of this day each acknowledged ), to be made and levied of their respective goods and chattels, lands, and tenements Matthew J. Barb~r· be rendered, yet upon this condition: That the sai ... d___________________ themselves indebted -- -------------- Dollars to the use of the Commonwealth ,:::::: iiii ~ 2 _, shall appear before the to Court 1 Rockingham County, on the -~5_t_h ____ day of___ A-=--p_r_il _____ Co_u_n_tv__, 19-21_, of-------~-------------2' at P M., at Harri sonbUT!; ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said -------------------shall keep the peace and be of good behavior for a period of ----------~-vs from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this ~ (i 0 ~ 29th March day of " "%j s· n, "' < :" \ ~~ ~ ~ ., c+~ ~~ ~ z ~ tJ,:I > t"' .., ::x: 11 .... \0 ~ Ul C (i 0 "%j ....., 3 3 n, !a 0 ::, (i 0 =! n, E.. ... "' "' a: z p a: 0 Ii~til & Ul (1) ....., 3 0 3 ::, s· OQ ;. ~ > s ... ., "' n, 0 ::8 ;:;.· ::, n, "' "' .._ ~ "%j ::, Clo "' ::, nn, "' (") ;:.., ::,;- ~ ;:.- "' OQ n, n, n, > .,., n, ... ti) to ~ ....., ., E ~ .,"' ., C Clo i5.. n, '< ., "' :?. > ... "'Clo::, n, Clo '< ~ \ E.. 0 c... "%j ~ ... E.. :ii:: .., tJ,:I 0 0 ):, 0 0 I .> \ s· 0 > ::ti ::0 c+- > z....., ~ ~ .., t, ::8 'O n, ::, E.. to '< ., "' .,,. "' 0 ~-- <: ::;· IJQ g <: ::;· s· OQ ~ ~ "' n, ., "' a· 'O 'O F" F" er n, 0 ., ~ 0 Clo n, ;. n, n, "' ::, "' n, '< 0 0 J~ ➔ 0 ::, rn l'I) ;. n, ' 6 <-; 0 ~ "' \0 6 l n, g_ 0 =! a· ,., OQ C ., :, f;)ID. ~ _g. ~s n, (i 0 C ., L..- .., ::r ... 0 (i 0 C ... ::< ::, "' "' n, "' =! ., ., n,' n, n, n 0 OQ :, ;:r n, Clo �Docket No. 3 Yf f. COMMONWEALTH of VIRGINIA ~~'""",_. -- f>J 1/ r '1 VS. Indictment) --"- ~ J~ ~ ,)fr~~' q~? >---/'. ·~ V ;7L /i~ /J,l// CL •·....:;;)~ (breaking & entering) ..... H..... a...__rr..__,,y~B..L...JJ a.......,t ....... t,___________ Own (X } Appointed p. d. ( } e/ //-_ I /, Felony MATTHEW J. BARBER ~ V ) r~7~ - ?I~, ) 1· (' I CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co., Phila., Pa. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Matthew J Barber Subject The topic of the resource Breaking and Entering Description An account of the resource Defendant charged with breaking and entering Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1957 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_011 Barber https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_010_commonwealth-v-matthew-w-wilson-jr.pdf fd0b4edc76da5f0dcc7e977dbd0ee460 PDF Text Text 2 .0 0 9 8 .7 0 3 .0 0 1 0 3 .7 0 T 3 0 0 .0 0/ 6 25/ 2 .oo/ 1 o 3 .7 o✓ 411.95T 3 0 0 .00 6 25 2 .0 0 10330 6 25 1 0 .4 8 1 2 50 441.18T 6 25 1 0 .48 1 6 .7 3 T ��CO:MMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM,to-wit: In the Circuit Court of Rockingham The Grand Jurors County, of the said Wilson, Jr., Betty County, with Ann Hoover, female person seventeen upon their oath and arms, the said Ann Hoover, beat, choke, did then then her will Betty and there ! and there with the Circuit that , 1955, in said Ann Hoover, years, Mathew W. County the intent against then being to-wit: violently feloniously and by force, in and for present did make an assault, wound and abuse, 1956. in and upon the body of one the age of sixteen feloniously Betty against force she, over years, Ann Hoover, now attending on the 2nd day of December of Rockingham, Term, of the Commonwealth of Virginia, the body of the County of Rockingham, Court April a the age of and her, the said and feloniously her, the said Betty to ravish and carnally know, the peace and dignity of the Commonwealth of Virginia. Upon the evidence ver, witn sses give evidence. of Sheriff sworn in open Court M. L. Hoover and Betty and sent Ann Hoo-- to the Grand Jury (" to �CO:MMONWEALTH V. -c&~_.J~~ . INDICTMENT A TRUE BIIL MATHEWW. WILSON' JR ff{ Foreman Charles E. Earman, Jr. Commonwealth's Attorney �CO:M}10NWEALTH V. MATTHEWW. WILSON, JR. ( INSTRUc;,TION The Court case instructs and depending instructions rape or assault The Court evidence intended further conclusions her will, as charged further-believe that such offense of rape The Court the evidence may be found guilty the jury doubt that that with toward in this and the of either or notglilty. intercourse act the indictment under the accused instructs some overt rape under and battery to have sexual and against tempted that beyond a reasonable he committed force jury upon your of the Court, attempted the the ---- you believe Betty then you should Jr., Ann Hoover and that out that in the indictment, from Matthew W. Wilson, carrying he voluntarily if find purpose, him guilty by of at- even though you may abandoned his purpose before was completed. further instructs the jury that such an.overt act must amount to more than mere preparation; it must be an act of such nature to commit the offense , question as to demonstrate and directed not be the last the evidence took hold further his to have sexual toward instructs intercourse directed toward having with amounted jury doubt that that parts her, you believe - to and against act then charged it need from by force, remove some of her clo~h- of her body with to an overt rapeJas if but in of the offense. th~ accused, by force such intercourse, of attempted purpose the consummation the hand on intimate such conduct guilty act that Ann Hoover and attempted and that accused accomplishing beyond a reasonable of Betty ing or placed towards proximate The Court an intention on his part you should in the the intent her will, and was find indictment. the �...J: I j J - ,11 j u(:t "I t If !I.tI ., .... :;,i.., \, to u ~ • .i...., . 'IO .n. ..) 0 C> ec . j : )- '(;:t :t !1!1 ~.,:r, ,t:( • ()J.., J-:t i. 1 JJt.II 8 VS '( -'- j• -.,VO ~C { L J ~ --. Uc,! r1 J • w .. '.11 .. ." ' ~ (., 11 LJJ r .I.. (, r 't'I' . J l .. ,. l, .I •lJ ! t ~ ~ Ol I J' 81 :J "l.t.iq 1 I'. _ ..- ~,. ~ r :t ... j ---· J ( tT \~Cc.' 1-· .., eifl Jj ( J --'l ' rf o: n HO"(;O r I:) m.: f!O n .t ~ ' . Ju.l: t . _.,. . c,• v I ,., '~ .:_j 1 L oj C-' ' - .t I L t,; ( ::, l' ;J fl. ... rt ' r J. , () 8I r • ·J.o • J J .., l OJ ;l r l.i'- ~ O r r... •. ... .c,· t.: .. 'l .:_ ..., ,.J,. .,L I .6 C I'fU ( l rl .ue r y o.t ED :..,• J: J i: l. ,_ L .a. ~ - -.. e :ro 1 rt ' j ",;( J uJJC C rl:t C ';, ;J ,. r :i "t ~--r.l _t.- t :t""'.a,., ' (,., 0 "".1...., il..;, L, __• " , t •• L t .... .c i , C "... 0( yj .,_,· f Lt,tJ .c ':. .J ,- ') JrJ. i ',J 11.1- ! (J"j • e:t ·1.0 < .V 00(!..},, J < • i .I ' \u l .. ... (J . ..... !'~ r 4....,,L,t.{ rJ .t IJOO all , .1..£1·r ·,.eel tau: c-1~ J LL ~ J t SJ :t ..,(:t ... (. r olJ J.~ ::.i~ t! J .... j ~ui·, t J norJ 110\, .i:wr r J-•' ...fLt. !s:;uxon o· 8'!1100'1 0~ I "1 LC ·r ! n.s s j -~ ... nY . . ' • t '10 •(.,_ 0 ~ vf t ~, .., '~ ;.;L r- - ., c;. 'fiiO.J - :t ,j .i. 06 ., £ e 'l u.cnoe.so·1 _., ~l r t .i:11 ·sn "1 t., il/3 JJO "V;J... t '.1.( t rl.t j"Df .1. ....:h 'fl .t J i!L ')~'-.i J. et.., r{,t eu ono:> ·n 'Y. r:. qu drd: ··n \c t "'CI 'f'I ' ' £ll J c..ir 4 •...,.,.tr l lr C, 'J t u -~ ',Jf,1 J., ~!. "! I ~ J '.( C .. _ . oj . j , ( �The Court the evidence Wilson, Jr., or handling part Betty further instructs beyond a reasonable committed of Betty an assault Ann Hoover, did not amount to an attempt Ann Hoover, battery as charged the person and no other fully defense. done, then you should the jury doubt that is has the right as by consent if but that such act a battery, to touch every it, except, or in the exercise touching on his with of assault The slightest for or acts relations him guilty onevs person of the right said and touching of course, from Matthew Wo by an unlawful to have sexual find you believe the accused, and battery in the indictment. of another that is of sacred when lawof self �t . .t at . .i: r1 r 0 ' I ~- .. ' o.i: e .hi .i:I 0 ....... .... e '...o :tr' ot :t t ( e1 , C . t.n: .., :t c J-j I! ox t r Q t:t: t r ti :J .t nl el ( ' ll t v r rl:to 1 e rl . [• ,: .i: .t 0 . 1m .. ·:t J r :to.i: ~ -y;:t:t ff lo n ~ o· tt.i: f1 ( , 0 ,--,C ... u V •'i ' 10 Ii..>ue J- 0 t orl 0 00 . �INSTRUCTION NO. ·rhe Court is presemed until his guilt is doubt, presumption son, Jr. the jury to be innocent reasonable this instructs of the crimes established of innocence Matthew further trial, rilson, beyond instructs goes with the entire r. char_ged ag inst by the evidence and the Court throughout that Jr. him every the jury the said Matthew and applies that r. 'IJl!il- to every stage to convict the thereof. The Court said Matthe, any reasonable his conviction; ences jury therefrom l. further !ilson, doubt, instructs Jr. the jury the jury must be satisfied, as to the proof and where the evidence leave as to the proof any reasonable of such fact, that of every fact beyond essential and the reasonable doubt infer- upon the minds o they must find for to the the accused ��COMMONWEALTH V. MATTHEW W. WILSON, JR. INSTRUCTION In considering burden whether of proving the Court or not the guilt instructs of the accused the jury that "reasonable" nor its meaning. is founded on reason, and is possible guilty doubt, for the jury not of this its case, including evidence to create the from lack questionable material evidence, vent fact If, sideration viction all jury essential after should bear of the charge, cannot presented at in- go beyond such concerning a reasonable in mind that fact, to on the other of 'all of the consideration a convinced belief after doubt. in the of the charge, of all of doubt to meet its case, you are of the as to preof the ac- burdeno and reasonable con- you have an abiding then and circumstances. of the guilt an impartial of a of the accused and honest in such a state or from be a doubt and nonessential the evidence truth should immaterial left hand, any such doubt testimony, of the guilt the Commonwealth has failed reasonable doubt. and reasonable from conflicting to the proof your minds are then or a man must be proved to the evidence of any particular you from reaching cused, imaginable nor can you go beyond such evidence of evidence, proof not a mere doubt If, with of the proof The jury the word is a doubt which or possible the natural doubt, of guilt. Furthermore, arising doubt, overlook doubt conceivable, consideration to be drawn therefrom. inferences not to be confused upon the sufficiency ferences find you should A reasonable imaginable, must limit the trial beyond reasonable the law does not say that beyond every In passing the Commonwealth has met its satisfied con- beyond �.., I U TeID: .t' o .... noe .. )0 lJ • U't bflD'l--d V .tu +e,n 1o 9rl 981100.S e 1I lvo'lq rl ..... fl u s :t ~ 8 e ., 9 <.., 0 e t ,t nvl :.i: , t .i: t r.wl .o r. ( ot lv or o o.ue .,. t .., ! nov;od 0 l, .toni rl:t ··I. ;.. en 0 '!1 fJO t t 1o • .t u .ue v; UC ...."I t. 8 :> _, 10 0 98 .J :t <1 ~!) r j . 1J( "l .1 •j ..J '1 1 .... 1 890!1 "l J. ~ 8 rt 'I rt 0 .L ,.• J ) - 00 . nc '0' n ' Ji (;; ... r :t 8 0 11 t ! :.. £10 :i .L r e.:..1.e.U a ' '! S) J.) 0 L nl .hi: ...~ a9 i: - 1 .1.1 ) JJ 13 l .L 0 ..1.0 t ~ ~ l. ' 1 :t V t I J. 0 1 j- r JJ �COMMONWEALTH v. MATTHEW W. WILSON, JR. {- INSTRUCT ION The Court evidence is just direct evidence, proven are of the jury further instructs the jury as legal and may be just provided that of such character of the defendant's the attending that circumstantial as effective as circumstances and force as to satisfy the minds guilt beyond reasonable doubt. �• r ' <.., ' I!• nl rw 1.:. JJO rr a e· . ato "l:ten.t & c_ 8 .f: 10 t :,) 1 ed :t 1:: n t o· ..t ,u :J rl::>JJ8 a':tf! i.:v 0 dt 1o 0 vurJ. rut Drl V �co:.MMONWEALTH v. MATTHEWW. WILSON, JR. INSTRUCTION The Court is a question right their sistency their other of their which witnesses weight the of testifying, intelligence to the in the result that the jury; credibility of witnesses and the jury appearance testimony, of the witness surrounding jury for from the manner apparent witness the exclusively to determine stand, ship instructs have the of the witnesses on the the reasonableness their or lack apparent candor and conand fairness, of intelligence, parties, if any, of the trial, if any appear, the relation- the interest of the and from all circumstances appearing on the trial, determine are more worthy of credit and what is the relative of any such testimony, and to give credit accordingly. �' t �COMMONWEALTH v. MATTHEW W. WILSON, JR. INST UCTION ---- The Court doubt that instructs as to the grade is, whether guilty of assault lesser offense. --J-;-Jb / / the jury that of the offense the accused and battery, is guilty if they have any reasonable of which the accused of an attempt they must find is guilty, to rape him guilty or of the �rl e_· 1· :t :t 0 e :t rl 'IJJt ejr.u :ten :t'l :t e :t el e 0 :t 0 ie 0 t . t ~ . , ff 'l e I ���COMMONWEALTH v. MATTHEW W. WILSON, JRo CHARGETO JURY If you find of attempted rape, so and fix his confinement less than the accused, as charged punishment three him guilty his exceeding at death or in your for life Jr., guilty you will discretion or for say by any term not years. of assault punishment twelve dred Dollars, W. Wilson, in the indictment, in the penitentiary If you do not fix ~atthew find him guilty and battery, by confinement months, or by both If you find of attempted then you will in jail or by a fine such fine him not guilty, rape, not for but find say so and a period exceeding not Five Hun- and imprisonment. you will say so and no more. �.., L t • t l. 8 J C "lUO 8 rd: ,: l 0 e.i .i: 0 n1 Cl r fl lJ t o:t :t:t 0 :.) J <=>c, .I.JU ... .I " V 0 en vV.., n.i:1 J ;,. r .., �~ 1 ~ ,- ~->t~K fl!~ ~ el ru °"-:I 1..5'.>."' W/4~ · ,~~....,,. AA tn ~ vr.,~~! d'L ~... <:YA_"&,/ fld ,. ~, -~ ( d -;--~ f---' ), I ./4~ ..-ut....~-~~ rt vtWr:7 .' ,,d_ /,, ,rs ~ --y· tJ if()-1t. ~ J ·a_--/~~ -~.,..,, '-{ ~-- .,..~ •• I k a,-J lJ" ./. ~ Jt..t..~ ~- 'I-""'/~ ~k/4J~, w /-r..••1 .. I ~ ~ 71 �--- ut -cto t .,1:, l ,e,td ,,, f. • t f I -1' �/ ~ 1/ H f<A..,,,' ~ ~/ ~7 ~ /? ~ A ~ ~~<¾. 1- /'a.,J J,,-,/ ,-2/4 f .A.,1,/' A.,, /4 d. m.~kl· M ~ ,-~~'"' ~/4J ~ .~ .-k£. C,.. ~ I cJ- 5• c (YU ti,t(.-1W-{~ t X, ·k ,k-/4,t /1-41. ~c 7 / f:, 'j-, I ~• ~ ~- ~L . ,~-- �t I• r I t �Comp. Form 18-A STATE OF VIRGINIA COUNTY OF ____________ _ I To-Wit: No, ______ _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and infonnation on oath before me, (Name) These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said County, the body to be further dealt with according to law. (t:io<il~ } of the above accused, to answer the said complaint and And you arc also directed to summon ------------------- color Address □ ------------------ color Address □ ------------------ color Address □ ------------------ color Address □ ------------------ color Address □ as witnesses. 19__ (Seal) �STATE OF VIRGINIA-COUNTY Q....__ _________________ !, ____________________ a _, to-wit: Trial J uaticc Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that ---------------------------------------------------------- as hi• sure ____ and -------------------------. to the Commonwealth haYe this day each acknowledaed themselves indebted Dollars of Virainia in the sum of ----------------------------------- ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth , ________ be rendered, yet upon this condition: That the said _________________ of ---------------------- _, County, on the ________ shall appear before the to . Circui_t Court Trial Justice day o.._ _____________ , 19._, at -----M., at----------------• Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the chaT11:eis finally disposed. of or until it is declared void by order of a competent court; and upon the further condition that shall keep the peace and be of good behavior for a period o,._________ the said-------------------from the date hereof. Given Ufitfi!ir ·filY. hand,. this,,_______ day of _____________ _ 19__ days _ ..AP,• KANCE Sn.\ll BE DEEMED TO CONSTITUTE • WAIVfR , " " OF 1 , ·.L r" --------------- T. J., J. P. ... (i 0 ~~ ..., a· ,. ="' ~ ~ \ ~ -(,It w ~ >< n "' C: C ~c C:,.'O ~\ c:,. ;. ,. ".... >< ::;- ;. o· ::, ... . n Cl "'.... ::,, ::, c:,. ::i ::, >-l ~ ~ "' --l 0 3 3 E. 0 ::, n 0 r, ~ "' "' ~ ;. > 0., ::, 3 3 0 ::, 5' en "' ._ t "Ii "' a· > "" ., ~ ;; c:,. ~ to ;JQ 5' "· en "' en r, ::, () " ::, (') ;;., :,;- a:: ;;., oq "' ~ ., ,. ~ to t >-J ., E ~ ::, c:,. .," ::, 'O > t"' tT1 Vl >-l >-l ::i: 0 :.:i C) c.,. '1 • ., c:,. '< c:,. ., < < ::;· ::;· 0 ~::, -::, .;· -::, ro ~ er '< 0 ..., 15. .;· ., "~'< .,., ~ tel .. ::, "' ., "' "§' ~ 0 z 0 ~ C: .,., ., Ol s:: 0 z 0 - r i( > I-' ;. ,. ~ :;:, :;:, 0 'Tl ' ,. J..!. :,- C: • - ;. a· .. ., _,. Vl 0 , ~- ~ ... .. 0 ,.s- ~ l:rJ >-l (') z>-l ;,,J 0 (') > c+ ~ b .. ~... b~ ::, 0 :;:, :;:, ,-., "' t:j < > .;;· §. ~ (i 0 <! en ;:; 0 ::, f~ -~ tT1 n n ";. c:,. (1) n, --l £'. ., 0 E:n "--I::;· '< (') 0 >-l a:: C/.l C: ~ 0 ::, C'/l >-l :,- r, g ;:;: ;:;· " ;. ~- ::, oq ~- 5' .. " (1) "' (') 0 C "' ~ ;::. r,., .... "., 0 '° j (') n " 0 Oq C 0 ::, ~ 0. ::s ;:;· ,., �In the Name of the Commonwealth of Virginia: To the Sheriff ~•~.~,.~,~.c=~~,d.to.•~~~•······~~ of Rockingham County, ••••~'.~ Greeting: ••••••••••••••••• to a1.,pearbefore the Judge of the Circuit Court of Rockingham County, at the Court House thereof, /H,,( 9"..... day of. ............. ~························l'X7..vto 1,~&>, a Hr-o clock, a. m., on the ... say in behalf of the Defendant / testify and the truth to in the prosecution of the Commonwealth against....................................... . :::::::::::::::::::~~:.::~::::2r.~~:::::::::::::::::::::::::: who stands charged with and indicted for a felony misdemeanor. And this you shall not omit under penalty of £100. And have then and there this Writ. = Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ~ ............. d,y of ~········· 19~, ,n,J ffl th, j~~~~ Cl,,k �~ .• ~ ~\ ~ STRAWDERMAN SllERIFF ROCKINGHAM COUNTY ,gt ............ 0\~~ il THE COUNTY01' ROCKINGHAM BY DELIVERING A TRUE !XECUTEDo/7/5'~IN 1-i/,~ c.o 0) ► ::!:! 01 /': c:::::i ~/ 00 -r"'1 -"'IJ 2(J') Qo-~ :z: 'Tl om):::t :z: :s: C") 2= -< ;;,,_ 'Tl f:;'- c.r, ~ - ( ~ �.0 0 T 1 2 .5 0 1 2 .5 0 IOAB 2 .00 2 .0 0 9 8 .7 0 3 .0 0 141.18T ��In the Name of the Commonwealth of Virginia: To the, Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............. .SHERIFF ...M......L...... HO.OVER ................................................................................................................................. . ............ BETT.Y ...ANN ..JIOOY.ER ................................................................................ . to appear before the Judge o'clock, a. m., on the Commonwealth of the Circuit .16thday of Court of Rockingham April before the Grand Jury, against Witness, CHARLES E. EARMAN, at the Court House thereof, at 9 :30 ..., 19. 5 6, to testify and the truth to say in behalf of the . .MATREW. W.. WILSON, .. JR who stands charge.d with .md-inmeted- -ft'11"a felony And this you shall not omit under penalty. County, 0 . .. ........................................... . mi-5tiet1tet1t1t;1.·. And have then and there this Writ. JR., Commonwealth's Attorney for Rockingham Commonwealth's County and the City of Attorney �~ °n . I, ~ ~ . * "' . ROCKINGHAM COUNTY: __ -SH ERlfF-· •• az~~<d A. L.STRAWDERMAN f~;f? IN PERSO 3::IN THE COUNTY 01' ROCKINGHAM BY DELIVERING A TRUE COPY OF THE WITHIN~ TO 4-:ta-n l¾"O <~;I ali:CUTED 'r~11~ ROCKINGHAM COUNTY. ROCKINGHAM BY DELIVERING~A . DUE ~XEcu1,n~~1/-J;N THE COUNTYor -?:/' C~ ~ V,, ~~ -~~ ·oc.,,~ ~ ~<"j ~~ f;>~ ~~ ~ ~(j., 6Jj_; �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon County, Greeting: .............................................................................................................................. . ...... ...SHERIFF ..K ... L .....HOOVER...................... . ~ ......V.IOLA...HOOVER............................ ..V.BETTY ...ANN..HOOV.ER ................................. . ..... v.. ..OFFIC.ER...GIFFORD...JOSEPH.................... . ....RALPH ..P •.. SHIFFLErT, to appear before the Judge o'clock, a. 111., Commonwealth . Echo .. Restaurant.. of the Circuit Court of Rockingham on the ...9th ..day of ......May .. County, at the Court House ther·eof, at 9 :30 ..., 19. 5.6, to testify and the truth to say in behalf of the ~@far~-t-l'ls--Gi·a.R<l-fu-r,r,-againsL..MATTHE1 .. W.... .ll who stands charged with and indicted for a felony S.ON., .. 1fli-see-t~R8'. And this you shall not omit under penal,ty. And have then and there this Writ. Witness, CHARLES Harr-isonburg, Virginia, of the Commonwealth. E. EARMAN, JR., Commonwealth's at the Court House, the 24t.h ..of u Attorney . April ./7 l/1 . for Rockingham . . , 19~6, ~ c County and the City of a1 _,_ . .. ....• ... . .~~/; Co111111onwealth's Attorney in the18Ot •. .-----~ �~... at his usual rr--.----. ••:::•••-:?...~.=-.S::. ···-·········hy plac1::ot a delivering a true copy WOIWtffl((i~tM:1~~ ·--=x••····•to..~.. __ -·· ,.,.__.-- ~rso-:i, at saicr:U~ . t.. .. -·- . usual pbce of abode .................... ~/.. ../~~ a member of his family above th:! age of 6 Y-ar::;, and cx;,L;niug the purport thereof to her. ·········q_> .....'/:.. ./i~ ..... /?.-~-·-···. ~:.at ~ot finding •• place of abode, Executed .......y..::: ...· ____ fL._::.&: >-I- .ii! :::) 0 (.) :i2 (.) 0 cc • true copy of this.~~ ..to.:. _k_-<½<_~ ___________ ffi PO<SOll, 8! S ; usual place of abode ..~~······· ... his family ve the age of 16 years, a to her. ·····•£ ..... d his ~ual ...___·~·~-·bydelivering a 4/3 _,,,,,.,,,,,.., i.----L-n ... _,;... .. .. eing a member of urport thereof �EXECUTED -'f.._-;.,s,--.>'fN THE COUNTY0~ BOCKINGHAM BY DELIVERING A TRUE COPY A.L.STRAWDERMAN SHERIFF. ROCKINGHAM COUNTY. �f1J6 --tJf, ~ /11,( , I" .- ... �C. A. S. No. 4 OFFICE OF THE CLERK OF THE COURT ROCKINGHAM COUNTY HARRISONBURG, ;:;e:::!::ount o ... ~-£-< .. 4 ./,_ .... t .. ~ ... 1 / / 12553 VA.,................................................................ , 19........ ..................................... .- ........ '/ ............................................. . ,----u1 ,/ // D o11ars ···························;······························································································································· _;'I lN SETTLEMENT OF THE FOLLOWING I ACCOUNT AMOUNT - Clerk Deputy Clerk .. Hn w-.a N., RICN-• ,.a. �1,.T < I • ,l -I l • J. �.r FORM TJ a-so SETS OFFICE THE TRIAL OF JUSTICE _/~~~~~~~- VIRGINIA T•r}-~ I Hand you Herewith follows: my Check No ___ Gf;l). J (.,, /7.n:,19 __ ~ . ~n settlement of my account as DESCRIPTIONS DATE ~~~'~l~, AMOUNT Jf--1b-s ~ :2. L,--1, 'x L-A ~~ fi~bO l>C> ��_,,_~_,_..._.........,........,,....,.._,......_~~w SEARCH ....._.,.,....,r WARRANT l State of Virginia, . to-wit: ~ of ___~:=-:.:.~-~::~1:::~-------------------' Roe king:-iam 0 'f o the Sheriff or any Police Officer of t:b.JmK! County: WHEREAS, ------~-:~~--_!.!~-~~-: _______________________________________ has this day made oath before me that he verily . . 1949 Black Ford Sedan be 11eves that a certam ---------------------------------iro ckTogham -------------------------------------------located in ___ ~~~!______________________________ District of ~ County at or near -------~=~~?-~~:~_!'::.:! ___ Y..~!.:?_~~~------------ ~.?..~2--~~::_~-~--!2~? __ --------------------------, and described further as _§:.__ !~~--~-~~~!:! ___ ~_~_5!-~~~~--------· Registration JK-31-36 . by or m . possession . oL __________________________________________________________________ Matthew William 1,,rilson, Jr. . and occupied unlawfully contains, contrary buttons and blood stained clothing to law, -------------------------------------·---------------------------------------------------------------------------- -----------------------------------------------------------------------------------------------------------------------------------------and that such information was received through a reliable person, or that he has reasonable cause for such belief. THESEARE, THEREFORE, In the name of the Commonwealth, to command you forthwith in the day or night to enter the said premises above described and there diligently search for the said. buttons_ and_ blood ______________ _ ----~-~-~::~~--~.!:?..~~!::1--~---------------------------------------------------and if the same, or any part thereof, be found upon such search to bring the same, and the person, or persons, in whose possession same are found, before the Trial Justice Court of said County to be disposed of or dealt with according to law. And this you shall in no wise omit. Given under my hand and seal, this _______ ~~~h _________ d _i---~•-c~-"'~------------, ---------------- _________ ___----~------------------, -~TICE OF THE PEACE 19 ___52_ ___ 'fr~ [SEAL] �; 2 ;:; > C/l '\Jl. I \Jl. I I I I ..... ~ .... c:n r:r .... 0 I I I I 't:, (0 ~ <D C c:n .... c:n ~ i I I I I I I I I I I I I I I I I I I I I I :°' I :I Ii !g' I() :ro : (D :s :b I I : j Ii • c:... g ... C/l I--' I-'• ~ ;::l OJ I-'· I--' I--' I-'· :;,; ~ (D s: c+ ::s: OJ Sheriff--'fq,lice ·.·.·7.1~~~ and arrestinq ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ,=····· ······-c.. The within warrant ex on the ............~ ..M ....... day of. des~~is!s and seizi !J n~ <l/ ~ -- \ ....... ·.·.·::~···:. > 2! ::i:, C) < "!'.I 0 ::c ~ > t""' t"r1 =E 0 ~ ~ 0 2! Rn Tuspt.r. zt--3 ~ ::i,. ~ ::r: 0 :;:ti ::i,. Ul trl ~ <: n �APA-104 JP~OM-12-54 FFICIAL RECEIPT l.1 ?--1 FOR . CASH DEPOSIT ,...,._,,,,__ IN LIEU OF RECOGNIZANCE URETY J 41242 VIRm~? BEFORE ,,~ ONT MADE AGAINST -~----19 ' COUNTY HIM- aj- /t)C//) oo r ) $►, ��Comp. Form 18-A STATE OF VIRGINIA COUNTY OF Rockingham TO ANY SHERIFF No _____ To-Wit: _ OR POLICE OFFICER: Whereas, ---=D::...:e:c..Jpl:'...u~t::,_y.;.,_..!::!S'--'-h"-'e"""r,__,1,,,,.,· f""'f.,__....,M ........... L.._. •._...H.....,o""-o,.,_v..,,___,_,e""'r _________________ _ has this day made complaint and information on oath before me, -=D=-o-=-=n=a=--==l=-=d=----=S=----=-•--'=E::...:v'-"a~n=s=---------<Name> -=J-=usc==-.t=---1=· =c_e.,,'--"o.._.f,,__.,,,.t...,h=e'--"'P'-'e...,a.....,.,.c..,,.e'------of the _said County, that ______________ _ (Title) ____________ M_a_t_h_e_i._i_W_._W_i_· l_s_o_n_,,'---J_r_. __________ did on th.~_2_n_d __ did make an years,to-wit: attempt peace assaUlt the to and day of~_D_e_c_e_m_b_e_r ______ ravish dignity on Betty 17 age of and carnally of the _,·n , 19--22._: Unlawfully and Ann Hoover, years and know Commonwealth a female her the against of over said her felonlhously the by age of 16 Ann Hoover,did Betty will the said County force against the Virginia. These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said County, the body (~ of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon ________________ color ____ Address --------------□ ________________ color ____ Address --------------□ ---------------- color ___ ________________ color ____ ---------------- color ___ as witnesses. Given under my hand and seal, this 4th · _ Address --------------□ Address --------------□ _ Address --------------□ er Decemb~r lrvic~ (Title Justice ~jV~✓ of Issuing of Officer) the Peace . (Seal) �-----·~---,. STATE OF VIRGINIA-COUNTY ....----- ... ----·---··-----··-·-....- --...... -............ Q..,_ _________________ l. ------------------- _, to-wit: Trial Juaticc Justice of the Peace a - -· ......... -...,,.-. in and for the County aforesaid, State of Virginia, do certify that ---------------------------------------------------------haYe this day each acknowled&'ed themselves indebted as hi• sure~----. and----------------~--------. to the Commonwealth of Virainia in the sum of __________________________________ _ Dollars ), to be made and levied of their respective goods and chattel,, lands, and tenements to the use of the Commonwealth ________ be rendered, yet upon this condition: That the said __________________ of ---------------------- _, shall appear before the County, on the ________ to . Circui_t Court Trial Justice day o._______________ , 12__.., at -----M., at----------------• Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said from the date hereof. sha11 keep the peace and be of good behavior for a period o Given under my hand, this ,. 19__ day of t. ,, days , .JA1, ...~ Lt , I T. J., J.P. 1:11 >< (") 0 >-l 0 •... "' (') 'rJ ~ ~ s· n "' "' a. :r ;;;· ... ;. E. !" .. .., n >< ;. §. "' > . ~ z 0 X l:tl >-l ==: 0 El: 0 ' ;. n •~ > ;:d !. :; 1:11 0 ::1 ::, >-l 0 ..;- I'll '-l 0 E n 0 "' "' 3 3 0 ::, :;; "' ~ ;. > 0... ::, "' '< u, C ~ 3 3 5" n, 5· > 0 ::, oq ~ 5" "' "' "' "' "' "' "' ;. :, 0.. ., ;:; "' ._ t 'rJ "' "' .., n .. ~ ~\t ,.... ., ... ;,,;;.- ~l ci. oq "' ~ ~ §.: ~ ., a. to >-l > t"" >-l ::r:: c...i ~ • ., ~ a. ., '< ~ n .,::, ' ,-.:J 0.., ... a. I 'O 'f:- u, ::s a. '< ... ... "' a :, :, :, - a. (b ... ., ~ ttl ;:d 0 C -, z C/l :r ~ 0 'Tl J..J. I-' .., a= z >-l (i) a. (") > ::r' o· ::, 5· ~ (") ~ ;. ~ (") ;:d ;:d Jc+ ::, ~ ti 0 ~ '< 5-, < ::;· 0 ., ~5· :, ;;:;· F. ., ~ oq 'O 'O n, ., -, c:r "0 ~ "I "' ;. "' >-l "I (") 0 en .~~ ~ §.:(") 0 c8 ~::;.- oq ---.:;· 0 ;;· "' ~- n 0 "' "' n, "' "' :;; -, ,."' ;. C ~ ~ () 0 :r "' §: s:: ::, - >-l ~:, ::, .. "I (') "' (") J g 0 C ::, 0 oq =· ,,, N 0. �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth ~,4 th(~ (~ to appear before the Trial Justice Court of said County, sitting ___ _,/'--'j=--:ay ()f ~ , 1~ .., of Virginia to summo,~--------- ~ at Harrison.burg, , at the hour of :J.. {P;~ Virginia, c m said County, of that day to give evidence in behalf of_\1.:..,_::>.1.-.,..,."'-'-'-JL--=-------------------------------- v. Gi~en under my hand this / ~ Subs. Clerk 7-52-SM-Garrison on �'.le ~~~u<' 0 ~?,v EXIi:CUTEnu--r•LqN () I I ~: • (! •-•. t' • f: _· ~:• ~) .' if '. .... - ... ;, 1 ;,r- { J I ':i- ~I<> __. i p - c-. ~' ~ THE COUNTYOl' ;:1 > ~ ...... (fJ ; ROCKINGHAM BY DELIVER~ j Zci ~ .Id 1J - ! ~V 0 ft COPY OF THE WITHIN .,/ t:... g ~ ,,, ,... J)~~ \.>"-Q ... ·/, ~ ~~~ ~.;-·i:: E-u i~ rncUTED £-1/,Y ►IN THE COUNTY!o:r ROCKINGHAM BY DELIVERING A TRUE COPY OF THE'WITHIN A.L.STRAWDERMAN SHERIFF ROCKINGHAMCOUNTY. . �TRIAL JUSTICE COURT Criminal Docket N<?20041 Com'th V. °'-'vJ• Appearance Date Trial Date I 'j - I /" / .J - J ...(, 3- .J- {, A ��~/J 3 . Docket No. COMMONWEAL TH of VIRGINIA ) vs. ) ) Felony (attempted rape) MATHEW W. WILSON, JR. Lawrence H. --------------P· Own 1956 April (x ) 16. Hoover d Appointed Return ( . ) of Grand Jury. 9/rto plea CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �,. ex,.___ Keystone Envelope Co,, Phila., Pa. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Matthew W Wilson Jr Subject The topic of the resource Attempted Rape Description An account of the resource Defendant charged with felony attempted rape Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1956 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_010 Wilson