1
20
2
-
https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_007_233-commonwealth-v-polly-shifflett.pdf
13793d634adfbbe1c3cbe34c6f076ac4
PDF Text
Text
•
.ws
Inlllotl:lent
re10117
:tor a
CCl!l.lOll\ll!.IJ.'.tll
I .,
-
�··-,
!•,,~
.tV,u,l'¼
;/l,.,.,.,'i/.J ;;,,,.,.....,.,._
.....~
•
l.#.:'H:-1.-.
.• <. ".1;.,., d J..t...._:_
--I
~ •,,
,!,.,....A..
•~ r ,~J~~
/>.c-
t .
'tt.--;..4
,,d..,.1,/•
'i
'1.,._....._
/,.__.~....,,_J,., ,.....·;.1,.
_..(, ,uli.
,f'., l'f '
I,
4 .1.'1.--\M~
••
..,J
,.._,,r'•L(_
. !_, M•~ ,..
/•{;,•,~7L~
I
2.'
r
¥
I
I•
....,l,,,v
'f
I
•
/ !
,tt.4--/<.
~~;r;
r,·. . '
f't.,/J
0
�-
,.
....
_
#
..
./1,._.,
I
,
...
-
t ...r-.,:
•·
'
~ <'., .I
/',..,
·I,
-
~-
�'
...
attt
C
er:
�.
1r
,/
,.,,
J-,p
.....
.,..
(Mt,,
11~
,Ji.
1,:11
'
(r/
Un/.. of ,,,u
/,,
do.1•d
•
t
I
rvl-/
""" C,,,,,, ,t
.1,,.I rr, fl,,- I
;,:-f
,,,~
111...lt#,'/
��9. ~U
4; V
;-J-1.......,.
/.I. I .....,,._, ""
I
,r
U) JAA..
o..,<.,:.l.,,1
~ 1u~
7 1,.,:,
f
..
?
I
•
I .
I
I ,_
I>
I
/ I
I (.,
'I
I
I
J
..,...i)
J
�-
•
�r
I:~ th.,
'1rou1t
~ourt. o! Gaid <;ount:,:
".:'he Juror1.1 a r thti Cor~onweal th or ·arr.1n1a
end for
t. no
1np the
aoid
noir
ary
lour
o'
~irtmit
oa~h~ rrouant
2u,
"slue
body of ~bo ~ow,ty
1 :J21, in
o~ ;tllri,)
.its
Polly
\}-ril
dollllrd,
•
s;t.o gooda !.lnd cbattela
beJi:g ~ound, !el~r~ou~l7
t.er~.
19:.L. tlJOr.
ort or about
:;t,1rtlett
Febru-
one lad7' n 1-JJ.lit of
the S!J:iil GOunt,t,
ona dreaa
.:1011,u·a, snd one sUrt
a..,..inwt
of ·1001-in,-,hAmnnd no" •1.ton~ -
-!ourt at
tt:ot
ln
of
t.ho value
or
1,,~ont.,- •
o!' tr.e vaJ.ue of 1'0-urteer.
of er.,
¼id
sic~l,
c.-:e p1Jaao and. 1ii'E.1t:·
J.
':,
F.esrd,
~•~e sni
thl'J
dollar.s
then er,d -tt.or'-'
48rr~
of :t:e ~o~n•e•l~r~
ps~.
of ','ir~l-
nls.
':'hia 11,d.iotn:or,t
le •ound on tbe te>1t!.mon:; or
,r. T. Heard • J. O. Barnt1ber.,.er.
"II'
tr..easou sworn in <JOUr\. ono. sent
'D ~ l>lr~.
bei'orA
rrc11 ie 'Tnt1'1 ns,
the (JTBtH1.hlry to
1Ttt $V1de?'ll'.!e.
I
�>Lj~
l,~.,._,.{,v
• ..._,,..
,4 ;t.J. _,, "
'-.
L
l:.,
/
•
....
...
....
....
....
"0
~
0
:s
.,.."'
.
~
-..,..
"-
...
... <l
..
..
;; ii
g~
":s
0
...,
....
"'
.
.
:,r •
..
...
.... ..
..., ...
..'" ..."
...
...
.. ...
~
,,
,..,
0
t'
~
()
-
0
....
..
ll
,, ~... it
i! ... ...
",..
••
;j g ...
•
"
..
:s
0
�I
,._
_ r.hnrte
ca:
I!
~
I?
..,,u.
'!1nd
I" •
l 11l,ltPn"t
..
i.l'1
,,111
1.1,,,'t~e
•
,..1M
'"1-0
ru-r~~
f.l'
-
l" ·•,,i
'b - ,
hi!::"
011:,
.•• ,.,w-o-
ot ~,11-
fa • .. ~.
P1.11:.••.•
~•
~·
'A 'lD c""u""""11rl
JO ,ind eec,u·~'ll:,
1!or
tt·e
pml-:lh.'7ott
1
h n lr"e nor
r.• . 01J
·'"B."'~
:n::-.:e117 ~
i,o• •~ " ,•_;eny,
rur:•ab.mmt.
ot,,.;,:-,....,·
ln • .,,, !.1"11 --.......,... ':>~t -.,:l1t:r o•
t!.o!:: _..en •:;ill
~='
L")U"J.noncn~ in
tl.,1
Jill
Q
,rr,
"l)!"
l
aaocr•
cJ
ror
lr
"I
tio:-
"If r..,l
OT b~
'" ""&
a~
>:0 1n
'""
f1
�•
..
•
•
"",.
•
•
•
�
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 series contains all criminal cases heard in Rockingham County from 1820 to 1971. The historical context contained within these records is rich, and one can expect to learn about various aspects concerning the social, cultural, and political climate of the day.
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
1820-1971; currently digitized: 1820-1930.
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
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Date
A point or period of time associated with an event in the lifecycle of the resource
1921
Title
A name given to the resource
Commonwealth v. Polly Shifflett
Description
An account of the resource
Defendant charged with felony larceny.
Subject
The topic of the resource
Felony
Larceny
Creator
An entity primarily responsible for making the resource
Rockingham County Criminal Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>
Contributor
An entity responsible for making contributions to the resource
Jennifer Taylor
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
An unambiguous reference to the resource within a given context
CCR001_007_233
Harnsberger
Heard
Shifflett
Watkins
-
https://omeka.lib.jmu.edu/erp/files/original/9f337f0a72bf4f4ec378244f511575f1.pdf
ee663b5b8152f946e41bb3eea7bfc77e
PDF Text
Text
ROCKINGHAM COUNTY
;;.
NAME OF CLAIMANT
#153 - Harnsberger,
c.
G.
Number of Acres: 53
Location:
West and over Rocky Mountain, and entirely within the Park area.
Roads:
Two miles over county dirt road to Yancey, the nearest
shipping point .
Soil:
Sandy loam of fair depth and fert i lity with considerable small
loose rocks .
~he slopes are gentle and moderate to the west.
History of Tract and condition of timber: The tract has been cut over at various
times for many products . There is a thin stand of yellow pine
up to 9n DBH with a few small oaks.
Improvements:
None .
Acreage and value of types:
Types
Acreage
Value per acre
Total Value
Ridge:
Slope:
53
@
$3. 00
$159 . 00
Cove:
Grazing Land:
Fields Restocking:
50 . 00
$209.00
Cultivated Land:
Orchard:
Minerals:
Value of Land: $
Value of Improvements: $159. 00
Value of Orchard: $
Value of Minerals: $
Value of Fruit: $
Value of Timber: $
Value of Wood: $50 . 00
Value per.acre for tract: $ 3 . 94
Incidental damages arising from the taking of this tract: $
NONE.
~ - / ~ : CLERK.
�tioner,'vs. _____________________________________________________________________________ _
more or less, of land in ____________________________ County, Virginia, Defendants.
The undersigned, in answer to the petition of the State Commission on Conservation and Development 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_ _________________________ County, Virginia, asks leave of the Court to file this
as his answer to said petition and to said notice.
My name is ___________________________________________________________________ _
My post office address is _______________________________________________________ _
I claim a right, title, estate or interest in a tract or parcel of land within the area sought
to be condemned, containing about_ ___
acres, on which there are the following
buildings and improvements: __________ ------------------------ --- ____________________ _
~ J ______
----------------------~
---
~
-
------------------------ ----- ~;,7------------------ ------- ---
---------------------
. This l~n9- is located abo~L-~~~~-miles ~rom__ ________
___ __________ Virginia, in
the~~Magiste rial District of said County.
I claim the following right, title, estate or interest in the tract or parcel of land described above: (In this space claimant should say whether he is so1e 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
~c~~~~~~~-~~-------------------------
The land owners adjacent ~o the a~descri ed tract or parcel of land are as follo,w s:
I acquired my right, title, estate or interest to this property.
following manner:
out the year- ~ i n the
/
.
- 4 - ~ ~ - ~ : ~ d ~ - ~~
-
~L~L ~-t;;- :~:f~ ~~
on is $~CL'!._~--· 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 $k-~~L-'=- --:J--·
I am the owner o f _ _ ~ a c r e s of land adjoining the above described tract or
parcel of land but lying outside the Park are a, 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 information as to
this claim which claimant desires to make; and if practicable he ~hould also insert here a
~:~::
~ - - -- _: ___,.-,-4-:-~, - ~ ~~
L~
~
7
~~-fe~ark s
- if necessary on t~ck).
Witness my signature . (or my name and mark attached hereto) this ____ ~-~-----day
~N'n
; ~ ~ .1
(
od ~~-- - -~--------~ -
-- ''
j
�;/P--~~~--- .-~--------- ;;,---------- --
Claim of__
In the C1rcmt Court o L - - - ~ ~ ~ - C o u n t y , V1rgmia,
NoL~_',2_, At Law.
::e:,ta::._~~&:;!::~-~e-~-~~
more-or less, of land i n _ ~ ~ ~ - C o u n t y , Virginia,-Defendants.--- ----The undersigned, in answer to the petition of the State Commission on Conservation and Development of the State of Virginia, and in response to the notice of condemnation awarded
upon the fili~~~etition and published in accordance with the order of the Circuit
Court o f ~
- - - ~ - 4 ! - ~ - County, Virginia, asks leave of the Court to file this
as
h:y•::: ::_~~f.:~:::t· ________-w£: _____________ _
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_ ___ ~t:2 _______ acres, on which there are the following
buildings and improvements: ________________________________________________________ _
I
��County: Rockingham
Di stri ct: Stonewall
,1153 - Hara sberger, C. G.
Aoreage Clai 1ed: 53
Assessed 53
Value Claimed:
Location:
"
$60 . 00
Gov end ver Rocky Mountain and entirely
Park ar ,a.
Inoumbran ces 1 co . mter claims or laps:
Deed 53
(1889)
"$25. 00
1th1n the
None known.
-
Soil:
Sandy l.()Am of :fair depth and fertility with considera ble
small loose rooks. ·rhe slopes are gentle and moderate
to the west .
Roads:
To miles over(coun ty)dirt road to Yanoey, the nearest
shipping point.
History
or
tract and condition of timber:
he tract has been out over
at various times for many products. rhere is a thin stand
of yell ·n pine up to 9'' DBH
th a fe· small oaks. '::he
estimate is 50 cords of fuel8ood valued
50¢ per cord - ~25 . 00 .
Improveme nts:
None .
Value of land by types:
Type
Slope
~
creage
53
Total value of land
Total value of timber
Total value of tract
verage v lue per aore
alue
Rar acre
J3 . 00
otal
Value
159.00
�County: . Rockingham
Distric t: Ston~all
_11153• Harnsberg er,c . G.
M. I. Long
Jacob Yost, Tr .
LEGEIID :
s 101;e
Scale - 1
= ro
c
ins
�IN THC CIRCUI~ COURT OF ROCKINGH " COUNTY, VIRG ILI. .. .
Phe st~te Commission
on Conservation and ,evelo~ment
of the tate of Virginia
filed in the Clerk's Office
Rockingham County, Va.
vs.
N~'' .t/ 1932
F ~rk
Cassandra ~awson tins and others
and 52,561 acres , more or less,
in Rockingham County, irginia.
tatement made by .,.G.Harnsber~rer
entered in the
bove entitled cause on
.,.itirs
nt to a decree
ctober 25 , 19.32 ,
in
:-esponse to Item ro. 2 of t .... e inquiry made in said decree.
Your respondent says th this interest in certain mineral
lands situ te on Huckleberry I ountain in the eastern -portion
of • ockin....,h
vounty, firginia,
... eport ma de by the Board of
,~snot re orted at all in the
pp:ra.isal Commissioners, as has been
lully ~et forth in his objection t
the confirmation of s id
report ,heretofore filed in th..:.s cause.
.. plat showin-::., the
lands in which your responaent has certain mineral interests is
~iled iith his claim in this matter.
Your respondent does not deem it n9cessary for an
. . u:rvey to be made of t.J.e exact amount of mineral
ccurat~
nds within
the Park are , for he is not exceJting to the acreage but to the
fact thctt no miner 1 interest \'.ha tever was a.llovrntl him.
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG. VA.
�STATEMENT
OF
'
)
Geo.
s.
Harnsberger, p.q.
1 ~ j/_~a)
(Jl,a, P l ~ ) ·
~ _;Le_~-) tf'1~ ~/
~
C. G. liARNSBERGER
I ,-.
d
STATEMENT OF COSTS, POSTAGE, ETC .:
.
�In re Arbitration Agreement submitted to the
Governor , arising in or out of the condemnation
proceedings pending in the Circuit Courts of
1 irginia under authority of the Shenandoah
N tional Park Act.
State Commission on Conservation
and Development of the State of
Virginia
filed in the Clerk'~ Offic
Rockingham County, a.
vs .
Cassandra Lawson tkins and others
and 52, 501 acres of land in Rockingham County.
AU G :1~ 1903
In re exceptions of C. G. Earnsberger .
To the Iron. Rl.ilip Williams , Chairman of the
Par1[ Land .Arbitration Board.
In reply to the rules issued by said .Arbitration Board
on August 16 , 1933 , and in reply to your call therein made , the
undersigned begs to say :
(a)
There is no number on the map of the lands in Rockingham
County given this clai m by the Appraisal Board , as the same is
based entirely on a min eral right .
The claim was filed, as is
shown by the papers heretofore filed in this matter, but the Appraisal Board did not make any allowance for minerals .
(b)
This mineral right exists in 235 acres of land within the
Park area.
(c)
s the claim now under consid eration is based entirely
upon the mineral rights therein. asserted, the requirements in this
section d o not in their entirety apply •.
Suffice it to say here:
(1)
That, although the claim of ten thousand dollars
was asserted by exaeptant before the AI>Praisal Board for mineral
LAW OFFI C ES
GEO. S. HARNSBERGER
rights , nothing was allowed by said Board .
HARRISONBURG, VA .
l't&
�--2--The geological reports for both the state of Virginia and
the united States show that said mineral rights are located within
the manganese ore-bearing bel.t along the western slope of' the Blue
Ridge Mountains.
vey.
See
Bulletin 17 of the Virginia Geological Sur-
This survey was prepared in co-operation with the United
States Geological Survey.
The lands in which said mineral rights
exist have been partially prospected, and ore of approved analysis
has been found, and, from ~uch prospecting as has been done, it is
believed that said ores exist in oommeroial quantities.
as this
tract of land is located about mid- way between the Palmer lands on
Naked Creek and the Harnsberger lands at Elkton and in the same
ore-bearing belt, it is believed that the statement made by
¥.c.J.
Bartells and referred to in the reply made by the Palmers is
equally applicable to the mineral rights of exceptant , and the
statement attributed to Mr.Bartells and contained therein is asked
to be read in connection herewith.
The -~10, 000. 00 claimed in this matter is not the full
value of the royalty on the ore sought to be taken in this proceeding, but , as the property has to be developed, and as it takes
money for such development, no larger sum is asked .
The Appraisal Board did not make any allowance for incide tal damage to that portion of the mineral lands which are left out
of the Parle area.
In this the .Appraisal Board erred, because it
is a well known and recognized fact in mining that the greater the
acreage the more valuable the mining interest, for the simple
reason that it gives more area for prospecting and development .
Your exaeptant, therefore, asks that a proportionate allowance be
made for that part of his land lying outside of the Park area.
Your exceptant requests that this matter be heard at the
same time with the other exceptions in regard to the manganese
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG . VA .
mineral rights, as the primary evidence in all of these cases will
�--3-be the same, only varying as it pertains to the particular tract
under consideratio n.
State of Virginia,
City of Harrisonburg , to-wit:
This day C. G.Harnsberge r 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
sworn, deposes and says :
I have read the above statement , and believe
the statements of facts contained therein to be
true.
Subscribed and sworn to before me this
,is~~
day of ,;,..ugust ,
1933.
--~f__.,..£""'~-~MA%
~'..,....o..,._
t
- y;....;..:..~
Pu.;;.,...;b_li-c.__...;.__ _ _ ,
LAW OFFICE S
GEO. S. HARNSBERGER
HARRISONBURG. VA.
�tiled in the Clerk'~ Office
RQckingham County, Va.
HENSLEY, H. A.
42
ROCKINGHAM COUNTY
SEP '/ 1933
~kmk
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 .
SUMMARY STATEMENT OF PETITIONER :
EXCEPTANTS:
Harnsberger,
ORIGINAL CLAIM :
c.
G.
Acreage 236
&
Jarman Heirs
: Value $ 1 0 , 00
Inc . Damages,None .
VALUE PLACED ON TRACT BY PErITIONER ' S APPRAISERS:
TRACT NO .
INCIDENTAL DAMAGES
VALUE
42
42
$612 . 00 (fee)
000
None
(M/R)
BOARD OF APPRAISAL COMMISi:JI ONERS FINDINGS :
MAP NUMBER OF TRACT :
42
VALUE OF TRACT:
TRACT NO .
42
42
INCIDENTAL DAMAGES
VALUE
$892 . 00 (fee)
000
None
(M/R)
f
l't
�We do not concede that the exceptant has any mineral rights of
any market value whatsoever in or under this tract, or that the mineral rights in or under this tract add anything to the value of the
fee simple estate therein .
Ii;,~
ttorney
Subscribed to and verified before me this the X:day of September ,
1933 .
Emma
R.
Stokes, Notary Public
\50
�
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 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, </span><a href="http://catalog.lib.jmu.edu/record=b2286919">http://catalog.lib.jmu.edu:80/record=b2286919.</a>
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
Fultz, Vernon - Hinckle, J.W.
Identifier
An unambiguous reference to the resource within a given context
harnsberger-c-g.pdf
Title
A name given to the resource
Harnsberger, C. G.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Over Rocky Mtn
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): 153
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
Harnsberger