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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
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��TRIAL JUSTICE COURT
Criminal
Docket
NC? 23519
Com'th
V.
"- IJI •Appearance Date
Trial Date
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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~~
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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
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�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/Madison_County_SNP_Records_Court_Proceedings/mcsnp_barber-ac-tract-276.pdf
1efaceb38400f4bd121c93c79e34bc20
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
Madison County SNP Records: Court Proceedings
Description
An account of the resource
The first series in the Madison County SNP Records collection consists of 363 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. D.F. Anderson and Others, and Fifty-Five Thousand Acres of Land, More or Less, in Madison County, Virginia. This was a court case initiated by the state of Virginia in order to acquire privately held land located within the boundary of Madison County in the northern Blue Ridge Mountains. Within the boundaries of eight counties, the state of Virginia, in collaboration with the Federal government, used eminent domain condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation to create the Shenandoah National Park. The documents in this collection are the legal proceedings for each individual tract of land that made up the one court case. In most cases, the individual case files consist of property surveys, assessments for the value of the land and improvements, and claims by the owner of the property.
Creator
An entity primarily responsible for making the resource
Madison County Circuit Courthouse
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
1930-1934
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
Barber, AC
Description
An account of the resource
<p><strong>Tract(s):</strong> 276</p>
<p><strong>Items in Land File:</strong></p>
<ul>
<li>Claimant Worksheet</li>
<li>Tract Assessment</li>
</ul>
Source
A related resource from which the described resource is derived
Madison County Circuit Courthouse
Publisher
An entity responsible for making the resource available
JMU Libraries
Rights
Information about rights held in and over the resource
<a href="http://creativecommons.org/licenses/by-nc/4.0/"></a><br />This work is licensed under a <a href="http://creativecommons.org/licenses/by-nc/4.0/">Creative Commons Attribution-NonCommercial 4.0 International License</a>.
Format
The file format, physical medium, or dimensions of the resource
PDF
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract 276
Identifier
An unambiguous reference to the resource within a given context
MCSNP_Barber-AC-tract-276
Barber
-
https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Prohibition_Records_Criminal_Cases/RcPr-box1-012.pdf
734f16b717d480220c38992bf5f52b1a
PDF Text
Text
.
/7
Commonwealth of Virginia,
County of Rockingham, to-wit:
In the Circuit Court of said County:
The juror s of the Commonwealth of Virgi nia, in and for the
body of the Count y of Rocki ngham , and now atten ding the Circu
it
Court of sai count- y~ Pbif TflfiW3'nIT~~r i½}~! Jt, that Scott
H. Barb e r'
in the said Count y, i here to -fore since t h e 1st day of :Novem
be r ,
1916 , to-wi t , on t he 29th day of De cemb er,191 - , unla wfull y recei
an d a cc ept deliv ery of arden t spiri ts from the s outhe rn Expre ve
Compa ny , ~- corpo rat i on e.n d a common carri er. in thie , the.t on s s
said 29th day of Dec ember , 1916 , he , the said Scott H. Barbe r , the
egein st
t he form of t he statu te , recei ved and accep ted deliv ery of one
quar t of whisk ey from the sai& South ern Expre ss company , a t
i ts
offi ce in the Ci t y of Harri sonbu rg , in the count y
afore
said,
havin g
wi thin a perio d of thirt y days prior there to, to - wit , on Decem
1916 , re ceive d a nd accep ted deliv ery of a cert ~in other quart ber 2 ,
whisk ey from the same carri er a t the same place , both of the of
said deliver ies being of whisk ey consi gned to the said Scott H. Barbe
r and
tran s porte d by the ss.icl South ern Expre s., company,
'
I
again st the peace and digni ty of the Commonwealth of Virgi
nia.
This indic tmen t is found on the testim ony of _ _ _ _ _ _ _
__
---------------------------------
',
witne sses sworn in Court and sent befor e the Grand Jury to
give
evide nce.
,
�Janu a.ry te rm , 191'I .
Th irty day
~-
COMMONWEALTH
{
vs.
~
GQ
violat ion .
Indictment
Scott H. Barber ,
l .
I
~~
For Misdemeanor
I
~
l
f
i
A TRUE BILL
... . ~ .e..4 . Z~~~•-·-·
Foreman
~
'~ .
1
Harry M. Str ickl er ,
Commoni:Jea l th ' s Attorn "'.I ,
�Commonwealth of Virginia,
County of Rockingham, to-wit:
In the Circuit Court of said County:
The jurors of the Commonweal t-h of Vi rginia, 'in and for the
body of the County of Rockingham, and now attending the Circuit
at it s Jan term 1 917
Court of said county,-A)PON THE!R OA1HS Pii:ESENT, that Scott H~
Ba.rber sin ce '-I ov . l , 1~16 , i n said County , d id unl awfully re c eive
v, i thin a p eri od of thirt days ardent s p irits in exces s of tha t
allowed by law, na1e l y : one quart o f whi s ke y on Dec . 2 , 1 91 6 , and
one quart of wh isk ey on J e e . 29 , 116 , i n violat i on of the Pr oh i b i tion c t of , irgi n ia ,
against the peace and dignity of the Commonwealth of Virginia.
This indictment is found on the testimony of _ _ _ _ _ _ _ _ __
,
witnesses sworn in Court and sent before the Grand Jury to give
evidence.
�J a.n . t e r m, 1 917 .
'l
30 da.y v i ol a t i on
.I
:l
. t
,_-,.,.. -;;, ........
COMMON WEALTH
vs.
Indictment
Scott H. Bar be r
·······• ·•· •(·;·c··;,1:,t / .~ -·,·-··~.···, ··· ~ •,-~·--·~-. ' ····
,
xx~
For Misdemeano r
.'
Foreman
t.. l---<J
Ha;rry M. s t ri c}:l (~ r
Com . At t y .
~
•. -
�SOUTHERN EXPRESS COMPANY
FORM 370•VA,
(l ncorpo rotcd )
SPECIAL LIQUOR RECORD
Received at
H a rriso O burg. Va.
]) e C •
Date
Consignee _ _ __ __cs:.::....::c:....:o=-----=
t -=t:__I:._T....:•:._
---=B--=a"'-'I=..--_;_;b:....:c::..r
=----..:,_
0
h \':J19i _
Affidavit No _ __ _ _
_ _ _ _ _ __ _ _ __
_ __
_
_
....:..__
Kind of Ardent Spirits _ _ _~
w.....J~i""i~c......,·J"'r,...y
" _ _ _ _ _ _ _ _ Amount._ --1l'--!f+-1c
f t ~ - - - - -Weigh .__<+-_ _ lbs.
Way-Bill No .
G2fl
To
arn so n burg,
H
Va.
Date_ ~e~'--"l~s~t,,____ _ _
191 _
W
VAll t,rC"' ,
~A.-<lv- n-u c-.,- ,-0 . . . . , . . -E--x- P
_R
_ E_S_S _C__
H _A._RG
_E
_ S_ _,......_ _
;ld
_d_
Collect
PIU~PA ID
- - - - - 1·- - -- -
COLL ECT
__,
Und er c harge
8
RECORD OF NOTICES
To Consignee _ _ __ ______ _ __ _ _ _
To Shipper_ _ _ __ _ _ _ _ __ _ _ __
AFFIDAVIT FOR ARDENT SPIRITS FOR PERSONAL USE.
#4f' Kinchlo
(OV ltR)
�AFFIDAVIT FOR ARDENT SPIRITS FOR
PERSONA L USE
.
delivElred to me by the Southern Express Company, from _,.,r;,,,c.-t;LJ'-kLI-LL===+_ ..,_'--'<\.i that 1 am not a
student or minor, and, if a femal e , I am the head of a f mily; that the ardent spirits so received by me
were brought into the State on my written order, and t'iat I have not, wit in the thi rty days previous
hereto, received any ardent spirits of any kind whatsoever, from any person or from any place whatsoever, in
excess of t he quantity allowed by the provisions of the Act of the General Assembly of Virginia, approved
March 10, 1916, or cont rnry to law, and t hat t he ardent spirits so received by me are for my own use, at
my own home, and th at the said ardent spirits will not e u sed in vio tion of
1,) cZ,c
1-
Cons ign ee .
.,,
�FORM
370•VA.
SOUTHE RN EXPRESS COMPAN Y
( lncorpor nted)
SPECIAL LIQUOR
Coilsion ee ___ __ __ _ _c_o t
Kind of Ardent Spirits, _ _ _ __ _
Way-Bil_l No.
3'""
I.
1 2/ '>f)
'a rbe r
---'-W
'--'h~ '..,s"'k,,',.,____
191_
Affidavit No,~ - - - - -
~,
1 qt
Amount
Date_ ..,__~/,
....2
~ 8,_____ _ 191 _
To
Shipper
t
327
RECORD
Received at,_ __ _ _ __ _ _ _ __ _ _ _ Date
Weioht4r.:"--~~
1~hin gton G
EXPRESS CHARGES
Advances to
Collect
J>RJ,.;PAID
COLLECT
I
I
I
1'he :eortn er
lbs.
8
RECORD OF NOTICES
Add
Unde rcharge
i
To Consignee --- - -- ~ - - - - - - - - - - To Shipper _ _ _ _ _ _ _ _ _ _ _ _ _ __ _
AFFIDAVIT FOR ARDENT SPIRITS FOR PERSONA L USE.
4D Moo re
(OVER)
�AFFIDAVIT FOR ARDENT SPIRITS FOR
PERSONAL USE
~:: y; Jf!irk7&
the co11s1gnee of a cert ain shipm ent of ardent spirits, a ·
delivered to me by the Southern Express Company, from _ ...l..4~~:....t,a..,~~L.tJ~ ~~
,student or minor, and, if a female , I am the head of a family; that the ardent
were brought into the State on my written or der , and t'iat I have not , wit · the thirty days previou s
hereto, r eceived any ardent spirits of any kind whatsoever, from any person or from any place whatsoever, in
excess of the quantity allowed by the provisions of the Act of the Gener al Assembly of V irginia , approved
_i , March 10, 1916, or cont1·ary to law, and that the ardent spirits so r eceived by me are for my own use, at
my own home , and th at the said ardent spirits will n o b e u sed in ~ ation of law~ -
lJousignee.
�
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 Prohibition Records: Criminal Cases
Description
An account of the resource
The first series of the Prohibition Records collection consists of all criminal case records associated with cases brought to the <strong>Rockingham County Circuit Court</strong> from 1916-1964. Not every individual was indicted for a criminal offense and many were simply judged as misdemeanors. The cases have been separated and arranged by the last name of the defendant. <br /><br />For more information on the Prohibition collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Subject
The topic of the resource
Prohibition--History
Prohibition--Government policy--United States
Prohibition--Virginia--History
Rockingham County (Va.)--History
Rockingham County (Va.)--Genealogy
Creator
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Rockingham County Circuit Court
Date
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1916-1933
Identifier
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Pro001
Relation
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<a href="https://omeka.lib.jmu.edu/erp/collections/show/7">Prohibition Records: Liquor Inventory</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/6">Prohibition Records: Affidavits for Ardent Spirits </a>
Is Referenced By
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<a href="https://omeka.lib.jmu.edu/erp/items/show/4524"> Prohibition Records Finding Aid </a>
Text
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Dublin Core
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Title
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Commonwealth v. Scott H. Barber
Description
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Defendant charged with unlawfully receiving and accepting delivery of ardent spirits from the Southern Express Company. Misdemeanor, Guilty.
This item was originally identified as RcPr-box1-012.
Subject
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Prohibition--Virginia
Alcohol--Law and legislation
Criminal courts--Virginia
Rockingham County (Va.)
Harrisonburg (Va.)
Contributor
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Craig Schaefer, Kayla Heslin, Selena St. Andre, 2019; Updated Megan Pullen, 2025.
Date
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1917
Rights
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This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Identifier
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Pro001_001_012
Format
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PDF
Publisher
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JMU Libraries
Creator
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Rockingham County Circuit Court
Relation
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Commonwealth Order Book 2: pages 236, 241, 242, 244, 247, 256
Barber