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Text
ROCKillGIID.! COUNTY
NAME OF"JlW Htl CLl~IFANT
#242 - Bego on, 4nni e R.
Number of Acres: 120
Location:
On top of the Blue Ridg e at Simmons ' Gap , lyin g
in both
Rock ingh am .and Gree ne Cou nties , and enti rely with
in the
Park area .
Roads :
Eigh t mile s over good dirt road to Yanc ey , the near
est
ship ping poin t .
Soil:
(See reve rse side for Soil info rmat ion}
Histo ry of Tract and condition of timbe r:
rhe rrood land has been cut over and ther e
1s no mero ~ant able timb er .
Ther e is a fair stan d of hard wood and some whit e pine .
numb
tte tree s are unde r
an DBH and occa sion al tree s up to er14 of
1
.LJBH. Ther e is plen ty
of firew o od, but it 1s very inco nven ient to the
hous e .
Improvements : .,..,.
"'-rr;,
"-' 0 .u.L:J .
Acrea ge and value of types :
Types
Acrea ge
Value per acre
Total Value
Ridge :
53
,..5 . 00
6?
39 . 00
Slope:
265 . 00
Cove :
Grazi ng Land :
Fields Resto cking :
2613 . 00
120
Cultivated Land :
Orch ard:
Mine rals:
Value of Land : ~ 878. 00
Value of Impro veme nts: $
Value of Orch ard: $
Value of Mine rals: $
Value of Fruit : $
Value of Timb er: $
Value of Wocd : $
Value per acre for ~:~ct : ';; 24 . 00
Incidental dama ges arisin g from the takin g of this tract: $~Tc
..--::.
~ -/V:L:l:n '.
_ _;;...---"'------z:_:r~~- -- - -CLERK.
�SOIL:
The woodland is very
Sandy loan of fuir depth and fertilit y .
class grazing land
first
The
steep and rocky with some cliffs .
a small amount of
with
has a moderat e slope end a good rich soil
no brush. The
and
weeds
rock and a fine blue grass turf, a few
and a thin turf ,
brush
little
second class is steep with more rock ,
soil .
shaley
some
with
rocky
The third class is very steep and
nexceptio
is
tract
The
.
patches
The blue grass is found only in
.
watered
well
ally
�.
_£~/.¾~
Claim of_);;Jf~;;;~
~·fl
~:---~-~ ~ £ : ,4-.v:~_!:-__-.:-: _______
In the Circuit Court oL~~-- - ___ ~
--Count~,
Virginia, No. ________, At Law.
The State Commission on Conservat· n and Development of the State of Virginia, Petitioner, vs. ___ _______ __ ______ ___ _______ _______ _____ ___ ____ _______ _________ _____ _______ __ _
~~~~i~
~~~ii!f:~j~~~~~~i~:ii~~~~~~:~~:~e~~~~::~~-~~~
velopment of the State of Virginia, and in response to the notice
of condemnation awarded
upon the fili~,g of sa·d petition and published in accordance with the order of the Circuit
Court oL.d.~ ~~Co unty, Virginia, asks leave of the Court to file this
as his answer to said
1 ion and to said not ice.
=~ :::eo:;:-address is__:t/!-- _____::-::: ~:::::::::::::::::::::
I claim a right, title, estate or interest in a tract or parcel of land within the area sought
to be condemned, containing about_J_¥ -_~ 0 . ____ acres, on which there are the following
buildings and improvements: _____________________ __________ ___ ______ ____________________
-------- ---------- ------- ---------- ------- --------; -c;:;;:7 :7---------- ----Thi~< :', located about__-L..3- ___ _miles from ___~
-----Virginia, in
the _
~
-Magisteri al District of said County.
I claim the following right, title, estate or interest in the tract or parcel of land described above: fln this space claimant should say whether he is sole owner or joint owner,
and if joint owner give names of the joint owners. If claimant is not sole or joint owner,
he should set out exactly what right, title, estate or interest he has in or to the tract or
parcel of land described above. )
,.
The land owners adjacent to the above described tract or parcel of land are as follows:
North ---------- ---------- ---------- ---------- ---------- ---------- ---------- ------South ---- ---------- ---------- ---------- ---------- ---------- ---------- ---------- --East ---------- ---------- ---------- ---------- ---------- ---------- ---------- --------West ---------- ---------- ---------- ---------- ---------- ---------- ---------- -------1 acquired my right, title, estate or interest to this property about the year __________ in the
following manner:
I claim that the total value of this tract or parcel of land with the improvements thereon is $Lll..~-~
-L~ I claim that the total value of my right, title, estate or interest,
in and to this tract or parcel of land with the improvements thereon is $L~e-~ ! ____. . .
I am the owner oL ___::::-__:::-____ acres of land adjoining the above described tract or
parcel of land but lying outside the Park area, which I claim will be damaged by the proposed condemnation of lands within the Park area, to the extent of $__ .:-::-::,._ __ ==-------- ·
(In the space below should be set out any additional statements or informatio n as to
this claim which claimant desires to make; and if practicable he should also insert here a
desc~::::k:~t~c~ ::,~::1_:~-~:d~m-:re:_:~~-~:!~~ML:¥~t-~d
----- ---------- ---------- ---------- --------- (Continue remarks if necessary on the back).
Witness my signature ( or my name and mark attached hereto ) this _______ _______ day
/2 .
of ___ ____ _ " - -- -------, 193 ___ .
---------,Ii _,...------.----------------STATE OF VI~GINIA, COUN~Y OF---- - ~ --~----- -- ~
J
The undersigned hereby certifies that_ ________ ~_ -/ ~ ~ ~ -·___ ________
the above named claimant personally appeared befor~hi~ va~d~~~;th- th;_tthe matters
A
:~:-~~,;2~:~~~~~-::yhi:f~~~-::_~~:3~-'.~~t;~~ge and belief,
,Clel"lE ef the Cgu1.1~· Special Investigat or or
Notary PQblio, gr J1J~tiGi of the Peace.
-
�I N 1R3 CIRCUIT COUi:U OF ROCKINGHAM COUN:rY, VIrlG ilUA •
•
The State Conmiseion on
Conservation and Development
of the State of Virginia
vs.
Cassandra Lawson Atkins and others
and 52,561 acres, morevor less,
in Rockingham County, irginia .
Statelllllnt made by
- - ~~JR..J f ~ ---...;and
- - - _- -.:.-=.-=.-=.::.-_-_- -___________, pursuant to a decree entared in the above entitled cause on October 25, 1932, in respons
to Item No. 1 of the inquiry made in said decree .
Your respondents say that the acreage listed in the report of the Appriaisal Board, under its No . __J.-..:;....~-1,....2_ _ _ , is bel e1,~d
to be approximately correct, and that they do not desire to make
any objections to the acreage as there given.
Your respondents further say that it was not the number of
acres allowed them to which exce ption was taken, but tht the
exceptions he r etofore filed by them we re to the amount allowed
your respondents per acre.
:::::s J
csr4
) b __eh.
s.
a,,, zii-e..-if~By
.t~AA/IA
.IJJ..Q
~ ~~
A
Q.
,PA
Counsel.
__ ,
-\-
LAW OFFICES
GEO.S. HAR NSBERGER
HARRISON BURG. VA.
'J..'./L
�:/..-c _~ ~
Y~ ,. "-----------------------
: /,L
Claim oL_ _
7
7 ~
In the Circuit Court oL..,_. & ~ / ~- County, Virginia, No. ________ , At Law.
The State Commission on Conservation and Development of the State of Virginia, Petitioner, vs. ____ ______ ___________________ ___________________ ____________________ _____ ____ _
~:~~i:~fi~~~.1~~J~~* f.~ittfo~ ~Ci~j~i~i ~i~~~:~~:::;:iifi-:~~-~~:
velopment of the State of Virginia, and in response to the notice of condemnation awarded
upon the filing of said petition and published in accordance ·with the order of the Circuit
Court of..4,_~7_~- County, Virginia, asks leave of the Court to file this
as his answer to said petition and to said notice.
My name is __L~~L
/--ff-!r~---e',_: ;7•----,2 __________________
My post office address is ___ ______-/'::-_~~-~L-- ~ ~- ~-~ ----------- --------- -I claim a right, title, estate or interest in a tract or parcel of land within the area sought
to be condemned, containing about__ L ~-~~==---acres, on which there are the following
buildings and improvements :_________ _____________ ________ _____ ________ _______ __________
----------------------------------------------------------------------------------------
-------------------------------------------------- ~
-----------------
This land is located about_ __ .L~---miles from _______________ ______ ___ _____ Virginia, in
the.1'4-~~~~-Magistetial District of said County.
I claim the following right, title, estate or interest in the tract or parcel of land descriped above: (In this space claimant should say whether he is sole owner or joint owner,
and if joint owner give names of the joint owners. If claimant is not sole or joint owner,
he should set out exactly what right, title, estate or interest he has in or to the tract or
parcel of land described above. )
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------The land owners adjacent to the above described tract or parcel of land are as follows:
North ____ _______________ ______ ________ ____ ________ ______ _____________ __________ ___ _
South ____ __________________ ________ _____ ______ ______ _______ ___ ___ ________________ __
East ____ ________ ________ ______ _______ ________ ______________ _________ ______ _________
West __________ ___ ________________ _____ _________ _______ ______ ___ _____ ___________ ___ _
I acquired my right, title, estate or interest to this property about the year __________ in the
following manner :
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------I claim that the total value of this tract or parcel of land with the improvements thereon is $...IP---~ -~ ~ I claim that the total value of my right, title, estate or interest,
in and to this tract or parc·e1 of land with the improvements thereon is $L~~-~
: ~"?.
I am the owner of_ ______ ________ _acres of land adjoining the above described tract or
parcel of land but lying outside the Park area, which I claim will be damaged by· the proposed condemnation of lands within the Park area, to the extent of $-----=--------------·
(In the space below should be set out an y additional statements or information as to
this claim which claimant desires to make; and if practicable he should also insert here a
description of the tract or parcel of land by metes and bounds).
Remarks : ___ ~(L__L___,'2_--J..,d__
.1.:~ L~ --=-~-~
-~
-&b,
-~-2"¢:-~ A'.
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------- ------------ (Continue remarks if necessary on the back).
Witness my signature (or my name and mark attached here~
s _______________ day
oL ________________ ___ , 1930. (b ~")
STATE OF VIRGINIA, COUNTY OF ______ - -------- - -----------, To-wit.
~
The undersigned hereby certifies that_~ ~ ~-~ - -~ ~ ~-,,;J!__
the above named claimant personally appeared before him ~nd made e~.th thfil the matters
and things appea~
in his above answer are true to the best of his knowledge and belief,
this ______ ~ ~- - day of../-z- ~ ~' 1~
_ .~
,
-~o/£:4-~ ~~~--~;,L__
&_-:____ ~ ---
/cL--~~/~ -
~
- --- -~ · L_«--#:~---·------------
GJerk-of the--€ouri;-& Special Investigator 01:......
Notai;.y PHblic, or Justice of the-~eace..
�j..,
r
Revised report
county:
Distriot:
tlock1nghum
Stonewall
County:
D1striot:
Groene
Monroe
#242 - Begoon, Annie R. - Book1ngham co.
#153 - Begoon, Anni e R. - Greene County.
X
.1t.. 0reage Cl aimed:
Assessed:
145!
Deed: 148. 9
Value Cl ai med:
Assessed:
$1488. 00
Deed: $2500 . 00 (1906)
Location :
On top of the Blue Ridge at Si mmons • Gap, l ying in both
Rockingham and Greene oounties, and entirely 1ithin tho
Par k ar e&. .
Inoumbranoes , counter claims or l aRs:
None known.
Soil:
Sandy loam of fair de pth and ferti lity. The woodl1 nd is
very steep and rocky with s03e ol1ffs. The fi r st oluss
grazing l and has a moderate slope a nd a good rich soil with
a small amount of rook and a f1no bl ue grass turf, u few
weeds and no brush. The sooond class ls steep with more
rook, littl e brush and a thin turf. The third class is very
steep and rooky with some shaley soil. The blue grass is fo und
only in patches . The tract 1s exceptionally ,ell watered .
Roads:
Ei ght n1les over good dirt road to Yancey , the nearest shipping
point .
History or tra ct and condition ot timber:
The woodl ~nd has been cut over
and there is no merchantable timber. There 1s n fa ir stand of
haruwood and some white pine . A number of the trees a re
under 8" DBH and oocasional trees up to 14" DBH. There is
pl enty of fi rewood, but it 1s very 1noonven1ent to the house.
Improvements:
~enar.t nouse: Log and stone , weathezbourded - 21x21•,
L l 2x 21', 5 rooms, 2i story, shi ngl e roof , solid foundation ,
concrete tloor, good condition - -$500. 00
Bt.rn: Log , 17x23', with shed 9xl?•, s hingle root,
poor oond1t1on -75.00
Sprins house: Frame, 8xl5', metal roof , o~ncrete
trough, and floor, good oond1tiou
50 . 00
Hen house : ~rame , 10xl 2' , paper r oot , tair condition. 20 . 00
liog pen: Log 8xl 8 ', poor condition.
5 . 00
orohard : ?J apple trees with a few other f r uit trees
20 yea rs old, good condltion - 2 a ore s at ~eo. oo per
acre ---1 60.00
eio. oo
Value of l and by types:
Tlpe
S ope
Bg I
Fg I-a
Fg II
Fg III
Rockingham County
Value
Aoreage
;eer uore
22
$2. 50
19
60 . 00
6
35. 00
22
20
89
18 .00
12. 00
Total
Value
$55. oo
1140.00
210. 00
396.00
240 . 00
,;i2041. 00
�county: Rockins ho.m
Distric t: ston~wul l
County: Greo ne
Distric t: Monroe
#242 - Begoon, Annie R. - Rockingh am Co .
#153 - Begoon, Annie R. - Greene County.
Rockingh am co.
t2041. oo
$2041. 00
Total v alue of land
Total value ot tra ct
22.93
_Average va lue per acre
Greene County
Value
Va lue of l a nd by types:
TY;l?8
Fg I
Fg II
Orcha rd
per aore
i~cre nse
;40.00
23
16.00
80.00
4
2
29
Tota l
Va lue
$§20.00
64. 00
$984.00
984.00
Totd l va lue of land
Tot ~l value of i mprovem•ts 810.00
1794.00
Tota l va lue o f tra ct
Average va lue per acre
61.86
SUMMARY
Rockingh am and Groene Countie s
Tota l
Totul
Tota l
Total
number of a cres 118
3025. 00
va lue of l a nd
810. 00
va lue of improveme nts
-0-0-.-3~8~3•5·.
ot
tra
va lue of
Average va l ue per a cre
x --
$32. 50
This tra ot and the Howurd Eiler tra ct a re subdivis ions of a larger
tra ot. Lines A- E were surveyed a nd corner F wa s tied in by our survey
of t he udjoining Ziler tra ct. The steepnes s of the ground map account
for the error of the olders~u rveys.
�IN THZ CIRCUIT COURT OF ROCKINGHAM COUNTY~VIRGINIA.
The state Commission
on Conservation and Development
of the State of Virginia
vs.
Filed in the Clerk's Office
Rockingham County, Va.
OCT
Cassandra Lawson Atkins and others
and 52,501 acres of land
in Rockingham County.
I
1932
TO THE HON. H. W. BERTRAM ,JUDGE OF SAID COURT.
The motion of Annie R. Begoon, praying said Court to disapprove and to decline to accept the finding of the Board of APpraisal commissioners, heretofore appointed by said Court in the
above matter, wherein said Board reported, under No. 242 of its
findings, as filed in the Clerk's Office of said Court, that the
movant was only entitled to the sum of $2 ,878. 00 for 120 acres of
her land, whioh is an average of approximately ~24. 00 per acre .
The grounds of said motion are as follows:
(1 )
That the -price per acre allowed for said land is mani -
festly inadequate and confiscatory, because sa id lands are worth
at least .~66 . 00 per acre, as is shown by the affidavits a ttached
hereto.
(2)
That the finding of said Board was based upon a mistake
of law a s to the nature and effect of the evidence produced before said Board by the above named party.
(3)
That the finding of said Board is,apparently,from the
statements contained in its report, based upon the physical character of the land alone, without taking into consideration,or at
least without giving any effect in its final decision to,the
income-pr pduoing capacity of said land or to the faot that all
such gr ~zing lands in the Blue Ridge Mountains are being taken
LAW OFFICE$
GEo. s. HARNSBERGER
HARRISON BURG . VA.
under these condemnation :proceedings, anu that like grazing lands
�IN TH~ CIRCUIT COURT OF ROC¥INGH.A1! COUNTY,VIRGINIA.
The State Commission
on Conservation and Development
of the state of Virginia
vs.
Cassandra Lawson ~tkins and others
and 52,501 acres of land
in Rockingham County.
The affidavit of c.J.Beggoon, to be read in connection
with the motiiln filed by
~ie R. Begoon to have the finding of
the Board of Appraisal Commissioners disapproved in connection wit
its finding No. 242.
state of Virginia,
City of Harrisonburg, to-wit:
~nis day C.J. 3egoon personally appeared before me, F.
Flavia Converse, a Not ary Public in and for the City aforesaid,
in the stat e of Virginia, in my City aforesaid, and, being duly
sworn , de poses and says:
I am the husband of .Annie R.Begoon, who is the owner of
149 acres of land situate on the top of the Blue Ridge Mountains,
at Simmons• Gap, 120 acres lying in Rockingham County, and 29 acres
in Greene.
ca1!'
•
-- g!je-;ila~m- eti.Q:omiz:lt,~~
-drth In li"ltt::.~.r.
~~~
This land lies on a public road, and
all of this land is used together a s a grazing farm.
The whole
tract 1s exceptionally well watered and well fenced, and has a
clean blue grass sod on the greater part thereof, and is generall
considered as one of the very best grazing farms upon the moun-
This tract of land will graze at least 45 head of cattle
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG, VA.
for six months in each and every year, and said cattle vdll put o
at least 250 pounds apiece during tha t :period.
Their total gain
�---2--cannot be purchased for any suoh amount as allowed to the movant.
The affidavits attaohed hereto are asked to be read in
support of these exceptions.
The claim .filed by movant before
the Appraisal Board is also asked to be read in connection herewith.
~ 4~~:::!!!"!f::::-«~,;1c111:<:...:::iy~~~o~un~~~:;,;~~=:::.::::.....;;:.._,
~
LAW OFFICIS
GEO.S. HARNSBERGER
HARRISONBURG. VA.
-LL~o/4r
�IN 'IDE CIRCUIT COURT OF ROCKINGHAM COUNTY , VIRGINIA.
The state Commission on
Conservation and Development
of the Sta te of Virginia
vs .
Cassandra Lawson Atkins and others
and 52 , 501 acres of land
in Rockingham County.
The affidavit of
read in connection with the motion fi l ed by Annie R. Begoon to hav
the finding of the Board of Appraisal Commissioners disapproved
in connection with its finding No. 242.
State of Virginia ,
City of
1!:he State of Vi1ginie., in my City aforesaid,
and, being duly sworn, deposes and says :
I am well acquainted with the 149 acres of land owned by
Annie R. Begoon situate on the top of the Blue Ridge Mountains,
on the Simmons Gap Road, in Rockingham and Greene Counties .
~~~d
I have been upon"' tlie p r o J f e r t ~ : ~ s ~ ~ l e
grazed thereon, and, from my experience with,1.grazfng lands~
tho hand lint; of o attle, I belie -ve tlia t 45 head o! cattle can
g~azaa
tbe:tiQ9ll
tHi
fep eix months during 11he y&ar, ana 11hat the3 wSl
take on at least 240 po'ttftde eaol'tz.__. 1-~elieve that a fair ave1age
-tt~},;:T~~,
price wo
'
f:r~~.aa~:T
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG , VA.
7,fuen -the-eattle;rre taken frem
~ ~~
.lee, ~ land should be
worth
As tlus land is wel l watered ,
well fenced, and has a splendid blue grass sod upon the greater
portion thereof, I do not believe that the same can be repl aced
�-
__.
·.....----
_--2, __
would thus be 11,250 pounds, which, at an average price of six
cents per pound, would make a profit of J675. 00, which would be
the interest on Jll,250.00 .
The AJ)praisal Board has only al-
lowed an average value for said land of $24.00 per acre, which is
not half of its worth, nor is it in accordance with the valuation
whioh said Board has placed upon some other lands which are not
any better and will not graze any more cattle, or put on any
more pounds per steer.
Said lands could not be replaced, even
if no Park were contemplated, for the amount which has been allowed by the Appraisal
Board.
Since all of the grazing lands on
the Blue Ridge Mountains are being taken under the Park condemn~tion proceeding~ it will be impossible to replace such gr&zing
land as is owned by said .Annie R. Bego
of Virginia for less than
F:JJ:01J
to
~
anywhere in the Valley
'i Y4" ..toe' per acre .
&c/A~,-v-_,
Subscribed and .sworn to before me
this
(~ f
day of September, 1932.
I
I
l
LAW OFFICES
GEO.S. HARNSBERGER
,.,
I
HARRISONBURG. VA.
:
'!
I
---- -
-
-
- -
�--2-for less than the amount above specified,certainly not if all
of the grazing lands in the Blue Ridge Moun.tain·s are taken in the
Park condemnation proceedings.
Independent of the establishment
of the contemplated Park, I do not believe that such land as is
now being considered could anywhere be acquired for the sum of
~24. 00 per acre , the am.omt allowed by the a.Ppraisal. Board, for
any person owning such land would not be willing to sell t he same
at any suoh figure as the Appraisal Board has allowed.
I, there-
fore, do not consider that the amount allowed by the Appraisal
Board is anything like the fair value of the property , and to compel the owner to take such a price would be practically confiscating
her property.
Subscribed and sworn to be~o~
e this
l.9 b2 .
LAW OFFICES
GEO.S. HARNSBERGER
HARRISON BURG . VA.
~ day
of
~~~,
�£,t
'
1,
I.
Yeo.
£aw Office o/
S Jfarnsberyer
J(arr/son6wy,l/4.
(.
-
--
,).
~
�In re J.rbitrat ion .Agreement submitte d to the
Governo r, arising in or out of the condemn ation
proce edings pending in the Circuit Courts of
Vi rginia under author ity of the Shenandoah
Na tional Park Aot .
State Commissi on on Conserv ation
and Developm ent of th e state of
Virginia
vs.
Cassandr a Lawson Atkins and others
and 52 ,501 aores of land in Rockingham
In re exc eptions of Annie R. Begoon.
To the Hon.Phi lip Williams, Chairman of the Park
Land A;rbitra tion Board.
In reply to the ru.l.es issued by sai d .Arbitra tion Board
on .&U8Ust 16, 1933, and in reply to your call therein ma de, t he
undersig ne d begs to say:
(a)
The number of the tract ±a owned b~ excepta nt, as shown
on the map filed 1n this proceed ing, is 242 .
(b)
The aor eage olaimed is 120.
(o}
Value of l and, eto.
Al1 of this tra ct of land except a bout 10 acres is wha t
might be general ly termed slope land, but , with the exceptio n
aforesai d, is all covered by a fine stand of blue grass, and is
all properly rated as grazing land .
Slope grazing land, 110 a cres, O $50. 00 per acre, $5.500. 0
About 10 aores of timber land, which land,
separate and distinc t from the timber, is worth
$10.00 per acre.
The timber upon this land i s worth i 5. 00 per acre,
100.
50.
-----+
$5, 650.
lAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG , VA .
The AI>Praisa l Board erred in reporting that 53 acres of
said 110 a cres was simply slope land , which they valued at only
�•• 3_..
after the l and is taken as she is now.
state of Virginia,
City of Harrisonburg, to-wi t:
This day Annie R.Begoon personally appeared before me,
F.Flavia Converse, a Notary Public in and for the City aforesaid,
in the State of Virginia, in my City aforesaid, and, being duly
affiraed, deposes and says:
I have read the above statement, and believe the
statements of f acts contained therein to be true.
Subscribed and affirmed to before me this 28th day of August ,1933.
LAW OFFICES
GEO. S. HARNSBERGER
HARR ISONBURG . VA.
�I
I
filed !n the Clerk's Offlce
Rockingham County, Va.
BEG0ON, ANNIE
242
SEP
ROCKINGHAM COUNTY
f
1933
~
l
'~
~cterlt
IN RE . ARBITRATION AGREEMENTS submitted to the Governor arising
in or out of Condemnation Proceedings pending in the Circuit Court
of Virginia under authority of the Shenandoah National Park Act .
sm.,ti..ARY &TATEMENT OF PErITIONER :
EXCEPTANT :
Begoon, Annie
ORIGINAL CLAIM : Acreage 149½:
Value $10 , 000: I nc . Damages,None .
VALUE PLACED ON TRACT BY PETITIONER 1 S APPRAISERS :
TRACT NO .
242
VALUE
INCIDENI'AL DAMAGES
$2041 . 00
None
BOARD OF APPRAISAL COMMISSI ONERS FINDINGS :
MAP NUMBER OF TRACT :
242
VALUE OF TRACT :
TRACT NO .
242
VALUE
$2878 . 00
INCIDENTAL DAMAGES
None
�The basic differences between Petitioner and this
exceptant are as to the classification and value of the land
and timber values.
Although we believe the values reported by the
Petitioner 1 s appraisers were very liberal and thav the findings
of the Board of Appraisal Commissioners as to values are substantially too high, we have accepted and will not seek a lower
valuation ~han their findings as shown on the above ~ables in
this case .
As to the classification of the land and the other
elemenvs of value we submit that ~hese mat t ers are correctly
set forth in the Work Sheet of the Board with reference to this
case, and no~ as set forth in exceptant 1 s statements .
This Work
Sheet is filed with the record and a copy o~ this Work Sheet is
submitted with copy of the record tendered herewith, and additional copies of the Work Sheet in ~his case will be furnished if
desired.
Subscribed to . and verified before me this too/;t/rday of
September 1933.
~
1Jtt;dlu
Emma K. Stokes, otaryPublic.
1
�BEGOON, ANNIE
#153
GREENE COUNTY
IN RE • .ARBITRNI1ION AGREEMENTS submitte d to the Governo r arising
in or out of Conde.m ation Proceed ings pending in the Circuit Court
of Virginia under authori ty of the Shenando ah r?ationa l park Act .
SUMMARY ST.ATEMEi{T OF PETITION ER :
EXCEPT.ANT :
Begoon , .Jlllie
ORIGINAL CkIM :
VALUE
.h.creo.ge 155
Value $10 , 000 : rnc . n2"Uages u;one
PLACED ON TR!CT BY PETITICN E!PS .APPRAIS ERS:
TRACT NO .
153
VALUE
$1?94 . 00
LIJCIDEHT.AL DAHA.GES
None
:30...RD OF ilPPRiuzn L CO"~llS8IOlJERS FrWING S:
Miu' NUifil.uR OF T ••CT :
153
VAL~--Z OF 'l~n.CT :
TRAC':' NO .
153
V.tU.TJE
'2045 .oo
INCIDE..'tllT !.L D.AM:tl3-ES
None
Copies of this statemen t t..-e nvt-.clled to the state::ier .t of
Petition er filed in the County in . :.ich t ..e m jor portion of the
land lies _nd in h:ic:1 -ch.;. s excep t a .. t h s filed ~.er st te:!;lent .
�Ill THE CIRCUIT COURT OF ROCKIRG!IAll COt'NTY, VIRGINI.
filed In the Clerk's Offloo
Tho Stato ,ommia11on on
Oonaervation and DaveloPJlent
of the S'tll to ot Virginia
Rockinghv,- "L,nty, Va.
t•
vs.
Caeaandra Ln:ison
I
M
I
~2
/~ierk
ildn8 and othere
and 62 , 561 aoroe . mor6 or less .
in Rock1nghwn County , Virginia.
S1iatomant made by
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~ ~and
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pu.reuant o a. docree ontoziod in the abovo entitled oau.se on Octobor im,1932, ln rosppnae
to Itom No. l of the 1nqt11ry made in said deoroe.
Your reapomente sa;y that tho nareo.ge lletocl in the report
ot tho Appria.ianJ.
rd. nndol" its
o. ~%- • ic
to bo :p;proxtme.tely oor.roat , oud that they do not
any
ca1ro to
aorea al10flo4 them to which oxco»tion
axooptione heretoforo fi l od by them
ue not the number ot
as taken, but tJ:J:t the
ero to tho amount allowed
y-ou.r .reepondenta per aore.
ea , ·-
LAW OFFICES
HARRISONBURG. VA.
make
ob~ection to tho 60reaeo as there eivan.
Your responllenta f\lrthoi- e:.17 th t it
GEO.S. HARNSBERGER
ell evod
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ANNIE R . BEGOON
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STATEMEN'T OF COSTS, POSTAGE, ETC . :
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�ID THE CIRCUIT COURT OF ROGKINGH
COUh"TY.VIRGilIA.
]he State Oommieaion on
.:oneervation and Development
·Jf the Stute of Virginia
ve .
Jaesandru Laweon tk1na and
others , and 52,501 aoros ot
land in Rock1.ogham Gounty.
To the Hon. il1p 11lliame, Chairman of the
Park Land i.rbi tra.t1on Board.
In roply to your lottor
Wld
call of ~usuat 8, 1933, beg
o eo.y that copi es of the papers horotofore f1le4 in the above
maitor are herewith h nded you,
nd a like copy has beon delivere
to the st to Oomr.:iiseion on Coneervution and Dovelopmont, with the
exooption of a copy of tho olaim ihich ! r.}l! rah of the Commission
aaid they did not t.md.
Further
(1)
nswering your cal.ls in their order:
!I'he grounds of oxooption a.re fully eet .forth 1n the ex-
ceptions til ed.
Su.ff1ce it to say hare that to bneis of the ex- ,
oeption is the extremely inadequate and conf'ieoatory valuo plaood
1pon the lands of oxaeptant; these l nas are not property acgro-
1
Jated as t o qunliiy or vulua.
Tho amount
llowed por
!
j
iI
ere for ox~
coptant•s l and is not only not the !air value of ea1d land under
n ormal conditions 1 u.nde1 which oond1 tion ea.id land mu.et be value ,
1
,ut is grossly inadoquato and eonfiaoutory in view
or
the f ct thrt
it 10 tho l)u.rposo of tho Coneervu.t1on Com.i.1ss1on to take ull euch
~razing lands upon the Blue Ridge l: ountain.
(2)
The number of this cl 1m on the county Ol'norehip mop file
in those proceedings 1s
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG. VA.
( )
,z{(6.,,t_
ut or i y of cou.n el
o
ot 1n t i ee
roe
ding
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attnohed h oreto.
:e.2-9cttw.ly aub itto~ ,
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�£aw Office
o/
Yeo. S Aarnsheryer
Xarr/s on6ur y,l/4 .
Aug. 12,19 33.
To the Hon. Phill ip Willi ams ,chai rrnan of the
ParA Land Arbi tratio n Board ;
This is to certi ry that I,.Ann ie R. Begoo n,hav e enplo yed
repre sent
Geo . s .Harn sbcrg er, Attor ney, 01' Harri sonbu rg , v irt,in ia, to
lancls in
me in all conc.1 .ermat ion proce eding s in conne ction ffit.h my
Lhe 8hena mtoah Natio nal Par.n. area.
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THE CIRCUIT COURT OF ROCKINGH.J.! COUNTY , VIRGINIA.
The State Commission
on Conservation and Development
of the state of Yirginia
vs .
Cassandra Lawson ~tkins and others
and 52,501 acres of land
in Rockingham County .
TO THE HON. H. -:V. BERTfu.J.f,JUDGE OF S.t.i.I D COURT.
The motion of Annie R. Begoon, praying said Court to disapprove and to decline to accept the finding of the Board of appraisal Commissioners, heretofore appointed by said Court 1n the
above matter , wherein said Board reported , under No . 242 of its
findings , as filed in the Clerk ' s Office of said Court, that the
movant was only entitled to the sum of $2 ,878 . 00 for 120 acres of
her land , which is an average of approximately ~4.00 per acre.
The grounds of said motion are as follows:
(l)
That the prioe per acre allowed for said land is mani-
festly inadequate and oonfisoatory , booause said lands are worth
at least $66 . 00 per acre , as is shown by the affidavits attached
nereto.
(2 )
That the finding of said Board was based upon a mistake
pf law as to the nature and effeot of the evidence produced bet ore said Board by the above named pa:rty.
( 3)
That the finding of said :Soard is, apparently , from the
~tatements contained in its report , based upon the physical char 1cter of the land alone , without taking into c onsideration, or at
~east without giving any effect in its final decision to, the
,.noome- prpduc:ing capacity of said land or to the fact that all
~uoh grazing lanas in the Blue Ridge Mountains are being taken
LAW OFFICES
GEO.S. HARNSBERG ER
under these condemnation proceedings, and that like grazing lands
HARRISONBURG. VA.
25b
�--2- -
cannot be purchased for any suoh amount as allowed to the movant .
The affidavits attached hereto are asked to be read in
support of these exceptions.
The claim filed by movant before
the Appraisal Board is also asked to be read in conneotion herewith.
Ii
I
I
LAW OFFICES
GEO.S. HARNSBERGER
HARRISON BURG . VA.
I
�IN THE CIRCUIT COURT OF ROCICTNGHiiM COUUTY , VIRGINIA•
The State Comcission
on Conservation and Development
of the State of Virginia
vs .
Cassandra Lawson Atkins and others
and 52 9 501 aores of land
in Rockingham County.
TO THE HON. H. W. EERTRA.M. JUDGE OF S.t'..ID COtraT.
The affidavit of C.J. Beggoon, to be read in connection
with the motion filed by Annie rt• Begoon to have the finding of
the Board of Appraisal Commissioners disapproved in connection wi
its finding NO• 242 .
state of Virginia,
City of Harrisonburg, to-wit:
This day C. J. Begoon personally appeared before me, F.
Flavia Converse , a Notary Pu.blic in and for the City aforesaid,
in the state of virginia, in my City aforesaid, and , being duly
sworn, deposes and says:
I am the husband of A.ID1ie R. Begoon, who is the owner of
149 acres of land situate on the top of the Blue Ridge Mountains,
at Si~mons' Gap , 120 acres lying in Rockingham County, and 29 aor s
in Greene.
The land in the one County is of about the same value
as the land in the other .
This land lies on a public road , and
all of this land is used together as a grazing farm. The whole
tract is exceptionally well watered and well fenced, and has a
clean blue grass sod on the greater part thereof, and is generall
considered as one of the very best grazing farms upon the mountain.
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG . VA.
This tract of land will graze at least 45 head of cattle
for six months in each and every year, and said cattle will put o
�•
-.-2 ---
at least 250 pounds apiece du.ring that period .
Their total gain
would t hus be 11 , 250 pounds , which , at an average price of six
cents per pound, would make a profit of $675 . 00 , whioh would be
the interest on $11 , 250.00.
The Appr aisal Board has only al-
lowed an average value for said land of ~4. 00 per aore , which
is not half of 1 ts ,:or th , nor is 1 t in accordance with the valuation which said Board has placed upon some other lands which are
not any better and will not graze any more ca ttle, or put on any
more pounds per steer.
Said lands could not be replaced , even
if No Park were contemplated, for the amount which has been all~ved by the Appraisal Board.
Since all of the grazing lands on
the Blue Ridge Mountains are being taken under the Park condemnation proc eeding , it will be impossible to replace suoh grazing
land as is owned by said ' .Annie R.Begoon anywhere in the Valley
of Virginia for less than 1)80.00 to ~100.00 per acre .
Subscribed and sworn to before me
this
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG . VA •
•
/
/I'
day of September, 1932.
�COMMONWEA.LTH OF VIRGINIA..,
'ID mE SHERIFF OF ROCKINGHAM COUNTY, GREETING:
You are hereby commanded to aunmon
:r o N. Swank, Dave
Carpenter~ Will Henkl.e, Lynn Yates, Wilbur Meyerhcetfer,. John
Herbert G. Patterson
.
Sipe,/fo appear be:tore 1he Board of. Arbitrators in the case of
State Coimn1as1on on ConserVJi ti.on and Development of the State
o:t Virgin.ta
Vo
Annie R. Besoon, at the Court House of Ro~ingham
County on the 2d day of November, 1933, at 10 a. m., to t:estity
and the truth to say on behalf of Defendant.
And have then and there this. wr.t t.
WITNESS,
:r • .Robert
..
Sw1tzer • C~rk or_ the Cir cu1 t
Court o t Ro ck 1nghan: County,• Virginia , at the Court House tm reo t',
this 27th~ of October, 1.933, and 1n the 158th year of the
Commonwealth.
ZJ
�THE COMMONWEALTH OF VIRGINIA:
TO 'IBE SHERIFF OF ROCKINGHAll COUUTr, GREETffl G:
You are hereby canmancted to summon Charles M. Sellers
to appear before the Board of Arbitra tors , at the Court House
of Rockingh am County , Virginia , on Thursday , the 2d day of
Novan.be r, 1933, at 1 0 a . m., to testify and the truth to
say on behalf of the Defenda nt in the condemn ation proceed ings
..
of State Commiss ion Conserv ation and Developm ent of the State
of Virginia v . Annie R. Begoon .
And have then and there this writ .
IN wrrNEsS WHEREOF, I hereun 1D set my hand, as too
Clerk of theCirc uit Court of Rocki ngham County , V:irgini a, at
the Court House thereor , this , the 30th day of October , 1933 ,
and in the 158th year of the Commonweal th .
Re}":>~
(/
1-- xk~_J,A.ljj"~---.J
,
Clerk.
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LAW OFFICES
GEO.S. HARNSBERGER
HARRISON BURG. VA.
•
of
tra.ti on,
i
1n
to
co
velop aon ot
al• of
1rctn 1
v la.e at the
to
bltr ,1on,
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roposoa cy the Governor t
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llow 4 nd enter d in t.\l
ount towi ,y th u>1>r61 al
�M. H. HARRISON
TREASURER OF ROCKINGHAM COUNTY
HARRISONBURG, VIRGINIA
TO WHOM IT MAY CONCERN :
I hereby certify that there
has been no assessment on real estate in t his
County in the name of Anni e R. Begoon fo r tax
purposes .
I am advised that the land
located in the Park Area in Rockingham County
together with the adjacent land located in Green
County is assessed in the last named County .
day of May 1934.
Given under my hand this ?th
Treasurer.
�-
-.
IN THE CIRCUIT COURT OF ROCFINGJWl COUNTY, VIRGIMIA.
The State Commission on
Conservation and Development
of the state of Virginia,
Petitioner ,
vs .
Defendants .
Cassandra Lawson Atkins and others ,
TO THE HON. H. W. BERT1UM , JUDG:8 OF SAID COURT.
Your petitioner, Annie R. Begoon , respectfully represents :
That a judgment in rem has heretofore been eLtered in this
proceeding condemning to the use of The State Commission on Conservation and Development of the state of Virginia the fee simple
estate in a tract of land formerly the property of your petitioner , which traot is descri bed in the report of the Board of APpraieal Commissioners, appointed here in , and shown , numbered , and
delineated on the County Onnership Map, filed therewith, as Traot
MO •
242 .
That the award allc:r. ed by the Board of APPraisal Com-
missioners for Traot No . 242 was $2 , 878. 00 , which amount was increased by the Board of Arbitrators to the sum of :)3 , 280. 00.
That
the said state Commission on Conservation and Developnent has
paid into the custody of the Court the said amount hereinabove set
out as constituting the award for the fee simple estate in said
tract of lam.
That your petitioner, on the date of said judg-
ment in rem condemning said tract of land, was the owner of said
land in fee simple , and that no other person or persons than the
undersigned is entitled to share in the distribution of said award .
Your petitioner further show to the Court that there are
no taJCes assessed in Rockingham County against suid land , but
that said tract of land is assessed along with another tract, wh1cn
lies in Greene County, and the taxes on all of said lands have
been paid to the Treasu.:r er of Greene County.
A certificate of the
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG. VA.
Treasurer of Rockingham County is herewith filed , showing th.at
I
�----2--that portion of your petitioner ' s lands lying in Rockingham
cou.nty was not assessed in said County.
Said certificate is here -
with filed, marked "Ex. Certificate ]!o . l," and prayed to be read
as part hereof.
Wherefore, your petitioner prays that she may be made a
party herein , and be allowed to file her petition in this suit ;
and that an order may be entered in this aause for the distribution of said fund , and that your petitioner may have such other
and further relief as the nature of the case may require .
By Counsel.
State of Virginia,
City of Harrisonburg , to- wit :
Th is day .Annie R. Begoon perxonally appeared before me ,
F. Fla vi a Converse, a Notary Public in an d for the City aforesa id,
in the State of Virginia, in my City aforesaia , and , being duly
~ ~.; ir 'lT.
-eadeposes
,
~
and says:
/\
I have rea d the a bove petition , and state that
the matters of fact contained therein are true ,
to the best of my knowledge and belief.
fl~
IL1/J~ v-
S11bsor i bed a n d ~ before me this
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG, VA.
?. ,". e/
day of May , l 964,
�::N THE CIRCUIT COURT OF ROCKINGHJ,![ COUlrTY, VIRGINL.i.•
The state Commission on Conservation
and Development of the
State of Virgini~ ,
Petitioner,
vs .
Cassandra La~son Atkins
and others ,
:oaf end ants .
On this, the PJ,-day of l!iuY , 1934 , came .Annie R. Begoori.,
by counsel, and, on her motion, leave is given her to file her
application for the payment to her of the sum of ~3.280, 00 , the
amount awarded her by the Board of Arbitrators, as set out in
the judgment of condemnation for Tract No . 242, which t r act for merly stood in her na~e, the amount of said award having been
heretofore paid into Court .
And it appearing to the Court from the report of the
Board of _. .ppraisal Commissioners, heretofore filed in this cause ,
and in the petition for judgment or condemnation, heretofore entered herein , that , in the opinion of the petitioner, the said
.Annie R. Begoon was invested vii th a better right or claim of
title in and to said t r act No . 242 than a ny other party or persi ~,
and that the record in this cause does not. disclose any denial
or dispute by any party or person in i nterest as to the title to
said tract of land or to the proc eeds arising from the condemnation thereof, and that the said Annie R.:Begoon i s entitled to
receive the proceeds arising f rom the condemnation of said tract
of land ;
And it further appearing to the Court that all t.ixes
against said tra ct have been paid:
Upon oon~i1erat1on whereof, it is considered and ordered
by the Court that the said sum of w3 , 2BO. OO , the same being the
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG. VA.
amount of the award for said tract No . 242, paid into Court by
�Qrnmmnnwraltq nf ]Iirginia
TREASUER ' S OFFICE
RICHMOND . VA .
JOHN M . PU R CELL
May 28, 1934
TREASURER OF VIRGINIA
This i s to certify that I , J . M. Purcel l , Treasurer
of Virginia have t his 28
day of May
in accordan c e
with an order of t he circuit court of Rockin~ham County
dat e~~_ 5_/_2_5_/_3_4_ _ i n the cau se of the State Commi ssion
on Cons ervat i on and Deve l opment of the State of Virginia
Vs • - - - --
Cassandra Lawson
.t k ins and=--=oth
ers
-----'---'-'c;;.c:_:..c...._---'
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pai d to Geo. S , Harnsberger, Attorney for sa1d Annje B. Begoon
Harris onbu r g , Virg inia
$ 3 , 280 . 00 being in full settlement of tract # S 242
in the above mentioned cause .
�illnmmnuwtnlt4 nf 1llir9iutn
TREASU R E R'S OFFICE
R I CHMO N D , VA .
J OHN M . PURCE LL
May 2; , 1934
TREAS U RER OF VIRGI N IA
Geo .
s.
Har nsb erger, Attor ney for sai d Annie R. Begoon
Harr jsonbnr g , Vi r g inia
Rece i ved of J . M. Purcell , Treasurer of
Virginia, the sum of $ 3 , 280 . 00 , in accordance
with an order of the Circuit Court of the county
o f ___R_o..c_
.;. k.. ;i=n
; . . g.,_ham
. . --'--'-=---- - - en t ered on t he
2 5th
day
of_ _ !_~a~y~_ l93_i_ , in t he matter of the Stat e
Commission on Conservation and Development v _ _ _
Cassandra Lawson Atkins and others , being
full and comp l ete settlemen t for the tract o f land
known in said proceeding as #--'-2~4~2~- -
Sign original and dup l icate
and return to the Treasurer
of Virginia .
�
Dublin Core
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Title
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Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used 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, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
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/.
Source
A related resource from which the described resource is derived
Alexander, John A - Breeden, Norah
Identifier
An unambiguous reference to the resource within a given context
begoon-annie-r.pdf
Title
A name given to the resource
Begoon, Annie R.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Simmons' Gap
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(s): 242
Format
The file format, physical medium, or dimensions of the resource
PDF
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. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Begoon
-
https://omeka.lib.jmu.edu/erp/files/original/76a8dce436441618a7e7985f4fdd60d2.pdf
75eb23a16e27751bd24f7893c130ea3b
PDF Text
Text
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In t he Circuit Co urt of
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Co x.::J.onwealth of Vir ginia .
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��INSTRUCTION NO.
The Court instructs the jury that where the prosecutio n
relies upon circumsta ntial evidence alone for a conviction the
jury must be satisf ied beyond a rea sonable doubt that the crime
has been committed by some one in manner and form as charged in
the indictmen t and then they must not only oe satisfied that all
the ciroumstan oes proved are consisten t with the def endants
having committed the act but they must also ·be satisfied that the
facts
are such as to be inconsiste nt with any other rational
oonolusio n than that the def endants are the guilty persons. If
there is any one single fact proved to the satisfacti on o~ the jury
by a preponder ance of the evidence which is inconsiste nt with the
defendant s' guilt, this is sufficien t to raise a reasonabl e doubt,
and the jury shoula. acquit the. defendant s.
In order to justify
the inf erence o~ legal guilt f rom circumsta ntial evidence the
existence of inculpato ry facts must be absolutely inoompa~i ble with
the innocence of the accused upon any rational theory and incapable
of explanatio n upon any other reasonabl e hypothesi s than that of
t heir guilt.
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INS TRUCTI ON NO .
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nev er jus ti f y t .6. e ve rdi ct of gu
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unp r eju dic ed mind a mo ral con vic
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bes ond all rea sona,bl e doubt ;
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the evi uen ce tha t eac h and e~e ry circ
um stan ce ess ent ial to tne con vio tion of the acc use d has bee n made
out and est abl ish ed beyond a
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INSTRUCTION ro.
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Th e Court instructs t h e jury that the law presrunes
every person cnarge<i with crime t o be innocent un'til his guilt is
esta·blis.b.ed. by the c ommonwealth bey ond a reasonable douo"t.
��and this
presump tion of innocenc e goes wi t h the prisone r through the entire
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�In the Name of the Commonwealt h of Virginia:
To the Sheriff of Rockingham County, Greeting:
You, are hereby com,m,anded to sunimon ..
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Hoiise thereof, at 10 o'clock, a. m., on the.
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of Rockingham Coanty, at the Court
7- ...... da,y of .....~ ..
.. 19 ..~ ., 3
to testify and the truth to say in behalf' of' the Comnionweal~h against..
~c. .. ~~ ~ ~. .. ...... . . . . ..
wh stancls ch a r/ 4 with and indicted for a -fdo·111J
iisdemeanor .
.11.nd this ~ .... .shall not omit under the penalty of £100 . .11.nd hnve then
ancl there this Writ.
Witness, J. F. BL.J}.CKBUR.N: Clerk of our snid Court, cit the Court House, the
/~ .clay of ...~
. ., 192.-.. j a\d in the 14..7-.thyearofthe Commonwealth.
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News-Record, Harrisonbur~. Va.
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�In the Name of the Comm onwea lth of Virginia:
To the Sheriff of Rockingh am County, Greeting :
Yoz., are hereby com,m,an ded to sz.,m,m,on . ....
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nt the Conrt
to nppear before the Ju,dge of the Circu,it Conrt of Roclcing hnm Coiinty,
. 19.~. .y
/ f' ~ clay of ......
Hoiise thereof, ~ , on the.
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to testify ctnd the triith to say in behalf of the Common wealth nga,inst.
... .. ················ ·· · ···· ·················-·· ·············· ·· ··· ······ · ··• · ·
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C! ,~ ~ ~ for
a f elony
.
who stnj:l,s ~iiarged
wi4 cind indicted
m,isdem eanor .
hcwe then
.11.nd this . .~ ..........shall not omit nnder the penalty of £ZOO . .11.nd
r, nd there this Writ.
the
Witness, J. F. BL.11.CK BURN, Clerlc of ou,r said Conrt, at the Coiirt Honse,
th year of the Comnwn wenlth.
, 19 .4?:J, and in the
ilny of ...... ~
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NewJ•Record, Harrisonbur~. Vtl .
14.7 .
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��News-Record,
Harrisonhura. Va.
In the Nam e of the Comm onwe alth of Virginia:
To the Sheriff of Rockin gham County , Greetin g:
You are hereby comm anded to sum,m on..
Count y, a,t the Court
to appea r befm·e the Judge of the Circui t Court of Bockin gha,m
House, at 10 o'clock , a.m., on the ........
/. 9.. . ~ .... driy of...
to testify a,nd the truth to say in behalf of
................ .....
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Comm onwea lth before the Grand Jury
. .. .. . .
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y of £100 . .11.nd have then
a n : ; ~ : : ! : i ~ ~ ... .. shall not omit under the penalt
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at the Court House, the
Witne ss, J . F. BL.11. CK'B UR.N', Clerk of our said Court,
, ............ , 19ild. , and in the 14 ... year of the Comm onwea lth .
-3.. .d n y of..... .;;f ..~
.1 /............. ....... .... ..,_ Clerk.
. . . ....... . ........... ._J;½ ~
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�Executed by de1ive ~i ng to W. F. -if1~'tf:Geo. oNi~ e
Earnest Mic keJ Robert Davis G. W. Davis in per zon
with a copy of the wit h:i .n sli.lmffton t his the r 4 day
of Feb . I923
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�In the Name of the Comm onwea lth of Virginia:
To the Sheriff of Rocking ham County, Greetin g:
You c1,re hereby comma nded to summo n .
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to testif'y and the tnith to say in behalf' of' the Conimo nwealth agains t ...........
.
who stands charge d with and indicte d f'or a felony misclem eanor
. . . .sha,ll not omit under the penalty of' £ZOO . .11.nd hcwe then
.11.nd this.....
ancl there this Writ .
Conrt House, the
1Vitnes s, J . F. BL.II. CKB UR.N', Clerk of our sa,id Coiirt, at the
........., 1 9 ...., a,nd in the.. 14 ......... t h yew· of' the Commo nwealt h .
.clay of
:;t'_ ~~ , Clerk .
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News-Recor d, Harrisonbu rQ, Va.
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HARRIS ONBUR G, VA.
CHEMICAL LABORATORY
REP ORT OF ANA LYS IS
.........................................
THE SAMP LE OF ......................................................
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OF .................................................................. ............. .....
...SUBM ITTED BY
................... FOR THE DETER MINAT ION
........................... .................................. SHOW S THE
FOLLO W I NG ANALY SIS :
REMA RKS :
OING ANALY SIS IS CORR ECT TO
I HEREB Y CERTI FY THAT T H E FOREG
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DATE .......
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INSTRUCTION NO. _ _ _ _ _ •
T'ne Court instr ucts tne j ury tha:t the ·1.rn:rden is upon t .ne
Commonweal th to prove vvery f act or circumstan ce necessa1·y to
convict t n e accused of any off ence whatever, and f eeling any
reasona bl e dou-ot as t o any !'act o.c circumstan ce necessary to convict the accused as afores a id, they are bound to give them the
benef it of such doubt and. f ind them not guilty, and the uourt tells
the jury that a r easonable cloubt is "that state of t he case which
af ter the entire compariso n and considera tion o:f all o:f t h e evidence leaves t ne minds of the jurors in that condition tna~ they
cannot say that they f eel an abi di ng conviction to a moral certainty
of t h e truth of the charge.ff
�1:
I
�INSTRUCTION NO.
---•
The jury are instru .oted that in all ca ses when the
proof is oirou msta ntial evide nce, the time, place , means,
be
oppo rtuni ty, motiv e, and condu ct or such of these faota as may
out
prove d with other facts , if an y, must all concu r in point ing
the accus ed beyon d reaso nable doubt as the gu.ilt y agen ts.
�0
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INSTRVCTION NO.
•
The Co urt ins tru cts the jur y tha
t to wa rrant the con vic tio n
of per son a acc use d of cri me eve
ry f ac t nec ess ary to est ab lish
his
gu ilt must oe pro ved bey ond a rea
son abl e do ub t, and esp eci all y is
tni s so when as her e a con vic tio
n· is sought upon cir cu ms tan tia l
evide nce al one , wh ich is al way s to
be act ed upon wi t h the utm ost cau
tio n. It is no t su ffi cie nt, the
ref or e , tha t eViQence cre ate s a
sus pic ion of gu ilt . The acc use
d are en tit led ~o an acq uit tal
un les s
t h e rac t of gu ilt is pro ved to
the act ua l exc lus ion of eve ry
rea son abl e hy po the sis of the ir
inn oce nce .
��IN STRUCTION NO.
----
•
The Court Iurther instructs t h e jury that circumstances
of suspicion, no matter how grave or strong , are not proof
OI
guilt
and that the accused must be found not guilty unless the fact OI
their gui lt is proved beyond ever y reasonable doubt to the actual
exclusion of every reasonable hypothesis of their innocence consistent with the 1ac1Eproven.
t,-·
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�INSTRUCTION NO.
-- --•
enc e of all
The Cou rt ins truc ts the juxy tha t the abs
to commit t h e crim e,
evid enc e of an indu cing cau se or mot ive
to who committe d it afwhe n the I act is in reas ona ble dou bt as
ford s a stro ng pres ump tion of inn oce nce .
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INSTRUCTION NO • - - - •
The Cour t instr ucts the j ur;y that in criminal t ri als
the
parti es accu sed are enti tled to t h e bene fi~ of t he lega
l presu mpti on
in f avor of innoc enoo which in doub tf ul case s is alwa
ys suff icien t
to ttj.rn t he soale in t 1eir favo r.
It is, there f ore, a rule of
crim inal law that t he guil t of t ne accu sed must be f ull
y pr oved .
Neit her a IIIMZCIII'~
evide nce nor any weight of prepond erant evide nce is suf f icien t ~or the purp ose unle
ss it gene rate
f ull belie f
or
t he f act ~o the exclu sion of all reaso nabl e doub t.
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C.J.BEGOON
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CALLIE liODEFFER
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COMMONWEALTH
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indictment for a Misdr.
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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
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1916-1933
Identifier
An unambiguous reference to the resource within a given context
Pro001
Relation
A related resource
<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
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4524"> Prohibition Records Finding Aid </a>
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. C.J. Begoon and Callie Rodeffer
Description
An account of the resource
Misdemeanor; Guilty
Subject
The topic of the resource
Misdemeanor
guilty
manufacture
sell
offer
transport
dispense
advertise
receive order for ardent spirits
Contributor
An entity responsible for making contributions to the resource
Craig Schaefer, Kayla Heslin, Selena St. Andre
Date
A point or period of time associated with an event in the lifecycle of the resource
1923
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. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Identifier
An unambiguous reference to the resource within a given context
RcPr-box2-050
Format
The file format, physical medium, or dimensions of the resource
PDF
Source
A related resource from which the described resource is derived
Rockingham County Circuit Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Begoon
Rodeffer