1 20 11 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Prohibition_Records_Criminal_Cases/Ccr002_001_076.pdf 4407ecfbb72804b629d2aa3e11da95c7 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 Rockingham County Circuit Court 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.  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> <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. John Kelly, Thomas Hatfield, John Smith Date A point or period of time associated with an event in the lifecycle of the resource 1809 Subject The topic of the resource Non-attendance witness Contempt Description An account of the resource Unlawfully prevent prosecution and with a view of preventing person from being prosecuted for feloniously stealing, contempt, non-attendance as witness. Publisher An entity responsible for making the resource available JMU Libraries Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Contributor An entity responsible for making contributions to the resource Annette Guild Sydney Ring 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. https://creativecommons.org/publicdomain/mark/1.0/ Format The file format, physical medium, or dimensions of the resource PDF Type The nature or genre of the resource Criminal Identifier An unambiguous reference to the resource within a given context Ccr002_001_076 Hatfield Kelly Pence Smith https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/Ccr002_002_075.pdf 888efe89bab4b7e562aa888e97a159e2 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v. John Lincoln and John Kelly Date A point or period of time associated with an event in the lifecycle of the resource 1812 Subject The topic of the resource Assault and Battery Description An account of the resource Defendant charged with assault and beating. Publisher An entity responsible for making the resource available JMU Libraries Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Contributor An entity responsible for making contributions to the resource Annette Guild Sydney Ring 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. https://creativecommons.org/publicdomain/mark/1.0/ Format The file format, physical medium, or dimensions of the resource PDF Type The nature or genre of the resource Criminal Identifier An unambiguous reference to the resource within a given context Ccr002_002_075 Kelly Lincoln https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/Ccr002_013_038.pdf d46c784d32d575d8b6462cd2a423f80d 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. David Kelly Date A point or period of time associated with an event in the lifecycle of the resource 1850 Subject The topic of the resource Unlawful Gaming Description An account of the resource Defendant charged with unlawful gaming with cards. Not guilty Publisher An entity responsible for making the resource available JMU Libraries Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Contributor An entity responsible for making contributions to the resource Annette Guild Sydney Ring Megan Pullen 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. https://creativecommons.org/publicdomain/mark/1.0/ Format The file format, physical medium, or dimensions of the resource PDF Type The nature or genre of the resource Criminal Identifier An unambiguous reference to the resource within a given context Ccr002_013_038 Kelly https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_012_018-commonwealth-v-dennis-via-and-j-l-kelley.pdf 67340cbc617f29d629ae34534077ae55 PDF Text Text oEC CO:WONWF.A.LTH v. DENNIS VIA and ) relony J. L. KELLEY (ta) -11=-t ��In the Name of the Commonwealth You "' hmby <omm,nded to mmmon of Virginia: ~••~:::::t~ing, ~·~··•~,•~~ ~:~::::::::::··:::·:·:::::::::::::::::::::::::: :::::::::::::::::·:::::;:::~ .... ::;zz;;;?:::~:::7..;;z~::(Jj?..~:::::::::::::::::: :::::::::::::::::::::: to appear before the Judge of the Ci~ourt J . of Ro at 9:30 o'clock, a. m., on the / say in behalf of the Defendant in the prosecution of the Comn onwealth against. ·•··································AJ...~ day of . ingham County, at the (:; urt House thereof, .... who stands charged ivyJfd .. -..... 19 4-'.~testify and the truth to ~~ ..................................................................... . ~idicted for a felony mJsd,e,meanorc- ;r ..........shall And this .. ........ ·~ . not omit under penalty of £100. And have then and there this Writ. W#nm, J. "fl:E~~,SWITZER, d,y of THE . SEKVJCE 1==• f 19 PRESS, HARRISONBURG, /.{,;;.d;. th, VA. ;t.L ~~ Cle,k Cle,k of on, «M ~t I th, Cmnt Hou«, th, _/ 7 FORM NO. 5 ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ................... . . lo appear before the Judge of the Circuit Court of at 9:30 o'clock., a. m., on the .... say in behalf of the Defendant /7 ........... day of.. County, at the Court House thereof, l../4~~~':'V- ........ 19. v.'.,Y::o testify and the truth lo i11I he jJrosecutiou y,tz.atL who stands charged ~and against .............................. . indicted for a fel ny misdemeanor. And this ......... ~············· ..·········shall not omit under penalty of £100. And have Ihm a11d there this Writ. Wih ss, ]. ROBERT SWITZER, Clerk. of our said Court, at the Court House, the//1. . ................ . ...I9J'.f, and in dayof.~. THE SERVICE PRESS, HARIUSONDURG, VA. the ..... L .. FORM NO. 5 �ct> I (') !• 0 I 5· !.. I (1) ~ ~ ~ ' i• .... �who stands charged 'j!J :m~ indicted And this··········~· ............ shall not ~~~ \Vitness, ]. ROBERT SWITZER, SERVICE omit 1tndcr penalty of £100. Clerk of our saitJ_urt, And have then and at the Court House, the ... ......... PRESS, HARRISONBURG, th, VA, No. 457 fa /C:......... . 1d"Jf.n, ;,. 1/~z:;;:;;:;,/ d,y ,f ···~· THE for a felony mis-d-eml!anor. ' Cl"k ��Prisoners Reportof Rockingham CountyJail Month ~/;z .. . .Date committed ........... y 19. ... . ......................................... . 1 ingl lf.~1arried. --V ....'l 1111e ~ m . Physical condition Can read ?.'i\... .................................. ,.s write? ..~~·. Occupa · ../ ............................ State City Ordinance Fine .. Costs .. Held as insane/:: Behavior ... ~·········•·······•·· .... Offe1 · ··~... ............ / . .._ ... H .. .......... .............. ............................. years ............. Time in jail.. mont I1.5 ..years . · lru .......... ....Senternce. Held for trial s'. . person a dru ~ "'.✓ Dirnrc.cd ....... . .. ~. month .... Held for penitentiary. ..Held for other authorities .4~. ................... ..... ................ ...... Date of discharge Heigh ............... Hand mark· Teeth marks . . ..... Faoe marks ........... Arm marks Shouldec macks ··~~·· Thigh marks ........ ,.. . ..Back marks ... _!Snee marks ..?.. .. ..Foot marks Calf of leg markV~___, .... Left leg marks Fine after prisoner ... Right leg marks . at jail; Amount to State $. .... Amount {) I to City $ .t..~~'!'.. .S...7....... / '7 '- . J s ..Deputy and Jail or Sheriff. , L./ . ��Prisoners Reportof Rockingham CountyJail / ...... .19 ...~ Month oM~;;t.:Z~;::i'!:::::-...Date .".":"./L.--:-:-./;/ committed~~ Marriecl),M Dirnrccd .. / ....... Time in C. S ........... Physical years ... .,.,.,._.months condition Can read? ............... write? .... City Ordinance ~'-- ····.state Held for trial Held for Grand Jury. Senten,c.x-p~yeacs Fine ............. . Costs ................. ....... . . Held for other authorities ........Date of discharge Behavior DESCRIPTION Z.. Heigh Teeth marks .... Arm marks Shoulder .months. Time in jail ........................... Held for penitentiary Held as insane Weight/;1.0 ....................................................... . _ .....\~ L~oloc of Hanel marks ........................................... Faae marks <;__ marks OF PRISONER ......colm o( ey CO' -- \ ......../····· ... ····- ........................... Back ma1-ks Knee mark. Thigh ot marks Fingers off .. ole marks \ Neck marks. Brea t marks Left arm marks .... Right arm marks Left leg marks Right leg marb Fine after prisoner at jail; Amount to State$ .......................... . Amount V to City ..Deputy and Jail or Sheriff. ��COMMONWEALTH v. CHARGE TO THE JURY Dl!N"NISVIA and J. L. KELLEY If you find you will the accused, them guilty, shooting, as charged in the fix punishment by confinement their of not less malicious than one year shooting, guilty, or either then you will penitentiary five of than, of malicious not as cmrged a period hundred for or either of them, but find of unlawful shooting, as therein their punishment of not less a period ten years. indictment, twelve than them charged, by confinement one year by confinement months and by a fine of in the nor more than in jail not for a exceeding dollars. of the felonies of assault you will say so and fix a period not and battery, exceeding dollars, them guilty, aforesaid, of them, hundred say so and in the uenitentiary in your discretion, exceeding you will in the say so and fix or, then them guilty, If you do not find five or either nor more than of them, for years, either not guilty, indictment, If you do not find period of them, say so and no more. If you find five or either their twelve or either but find them guilty, as charged punishment months, or by both of or either in the indictment, by confinement or by a fine such fine of them, in jail not exceeding and imprisonment. then for �Comrnonwea 1th v) Charge Dennis to Via and the Jury J. L. Kelley �I ��Instruction The Court further L- No. instructs the jury that the malice neoes+ ' shooti g may be either ex/).- sary to constitute press or implied. the but every not to ill is intended motive where the act an evil bent sudden. includes ( • "'-· not only flowing with anger, motive. or more particular and wrongful such circumstances of a heart regardless It therefore malice deliberate, and cruel act is is against but or corrupt intention, as to carry of social on mischief; hatred, persons, from any wicked mind and purpose indication law from any wrongful, however an action \k and unjustifiable to anyone has been attended in them the plain and deliberately unlawful will to denote done with of malicious The worill. t1malice" and revenge, confined crime duty implied another by ��The Court to intend that consequence of them, resulted instructs the jury he does, or which is Therefore, Smiths, of law is from said / own act. wounded the the presumption No. further which of his Instruction that use of said deadly a man is the natural if or any of them, they that intended or necessary the prisoners, by the instrument. the taken or either deliberate consequences use that ��Instruction The Court the evidence or either Smith, if guilty the jury lawfully, the unlawful with intent belieffe shooting . th e prisoner then if then the difference they believe doubt that Elizabeth the the accused, Smith, and there from or Leon unlawfully, disable, ma- or kill, jury should find as charged in the indictment; evidence as charged depends then wounding, from the wounding, that that to maim, disfigure, or any of them, of malicious jury jury John Henry Smith, but not maliciously, of unlawful tells shot and feloniously Smiths, the case beyond a reasonable or any of them, said cused in this of them, liciously, the instructs No. ~-: that the in the jury should indictment. between upon whether the acts were done unfind if Court shooting and death ' b een gu1· 1t y of mur d erJ rrwould 11ave them guilty And the malicious or not the ac- J"l..~ i..rn.t~ had resulted p,,JA;,rtJ,./~ {/ ��a n/ lnatruction The Court evide11ce that the Smith, Elizabeth intent to either tempted to shoot Via, if did Smiths, not believe or any shoot as his punishme'1t not less than by confinement by him guilty confinement in the one nor more tr..a.n five in jail for a period 1ith char~e a"ll Lizzie from of them, year.:>, Smith, ith the penitentiary or, exceeding or that intent shoot i YlB, for i~- shooting evide"X!e er the in the the 11 of attempt not John Henry of actually (W!- find fro!il the or any of them, guilt , Leon Smith, you should ou believe or kill, him not S:nit if said that disable, find John Henry but jury a-1.d Leon Smith, - ou will o.t them; 1_. Dennis disfipure, then a.nd !-aaimins the accused, :3mith, maim, d ict.nent, instructs No. he at- afore- am a period fix of in .,.our discretion, t,..-elve months. ��INSTRUCTIONNO. c.:)-. The Court instructs the jury such a doubt as may be honestly substantial Reasonable and material a vertict cumstances. and reasonably essential in order fact or facts of conviction, evidence to sustain to warrant necessary an acquittal. for or that charged. is suggested It must not be It must be serious It must be a doubt the jury to believe and not of immaterial 1s as to any the offence itself. it. doubt entertained to prove or grows out of the evidence doubt without and substantial of material a reasonable doubt must be based upon the evidence, by the evidence, arbitrary fact that to find and non-essential cir- ��t1 The court " accused to be innocent reasonabie II it doubt, rea any instructs n their until the le dou t of hia guilt, sufficient derence of evidence supports ,1 " to warrant his ui t of the conviction, beyond a if c~used, the charge weight or proto or prepon- in the indictment, must be proved es ill is not sufficient the greater his guilt the mere suspicion however strong, nor is it guilty the is upon the minds of the jury him. and that · convict, the law presumes that he is proved and if there duty to acquit bability the jury but so clearly ,I I and the evidence '.! Ii able hype- thesis thereof of his so strong, innocance. as to exclude every reason- �\ �The court to be given jury are the testimony authorized the parties. the result if intelligence, stances ·I I case, their de~eanor witnesses their temper. whilst see. in this case interest, if ings, or bias, testifying, their and to give aa under to be entitled the weight of the witnesses fee of information, of such witnesses su h wi tnasses in determining relationship proven, their eans jury of different the same i their to the teatimony the to vonsider of this has be n shown. Ii instru.Jts all to. any, the to i if any appa~ent SJch credit of the circum- ��The jury q aocused of the cri every material ,, proved re instructed e all.aged fact eaaas that against in order him the in tr e indictment ry to oonstitute beyond a reasona bl.a doubt, to convict such cr·m and if the jury ust be have a reason- I I abie doubt the crime upon a material. it is their doubt and acquit hi. fact or el.ement necessary duty to give the priaoner to constitute the benefit of s oh ��The court the evidence that instructs I/ road p st the pre iaes shot gun, fro 1 Kelley a.ttac that the fire of their circumstances, necessary to protect ·: such danger and lawfully the said as to both of said Kelley the of firear along the public hile so pass- and Via w.ere fired in defe d- eana as. reas.onabl.y and if you further acted that from serious you should defendants. of him, who used a 12 gauge by auch assailant, from on the night and Via were justified in the belief was imrninient, believe and that ith enr aid defendants themselves they in the possession be necessary, the if and Via, or someone with from this. the evidence returning ,' guilty by Smith to them to then '' existing 1 of arnith, that Kelle peacefully then the said ing themselves appeared though of John premises upon an.d shot il ere, proaeeding ing the said jury the defendants December 6, 1933, neverthelea~, the Kelley and believe Via in under the then it was reasonably bodily find harm, and a verdict of not ��1 I INSTRUCTION NO. The court 1 H inatruota the defendants acted were in danger of serious others with the jury that under a re sonabLe him, then they bodily in determining apprehension that whether they harm ~t the hands of Slnith and Wlllilial:e instructed that they should con- I 1 sider alL the facts they y reasonab they shot. and oiroumstances y have appeared diaalosed in the evidence to the defendants at the time as ��The Court 11 the evidence that enry Smith, Jo !I or intent ;J fired it bodily under all by said 'I J. L. Kelley fired Lizzie and Si ith from the evide the shots, ~s ne~essary harm, he that if eon Kelley indict ce that, as acting indictments, Kelley they the shots ith, fired enta, under struck then the to is to say that time the fro otive apply the reaso elf from that that at the is entitled irrespective believe the shots so to do to save hi then the said three shots. jury a iKe in the three if you believe that the with which the said each and all el~ey instructs defendant abl be ief seriously to an acg_uital- of the persons struck ��Instruction The Court evidence shot instructs siding, then avail himself until it safely is they are t olr of the could believe shootin a---"- was present"' aiding, at and into and until safely could advised if counsel, Smiths, or abet and that shot gun at was necessary himself the said a"rl they of the with are further then himself unless as he intent to maim, that Via in his said of the Kelly shooting at the from the Via in his after tbat .::iuc11shooting was being to shoot the Kelly shooting was likeNise Kelly are as he further did not aid, the house John Henry Smith fired of the his u.1 attacked said but they at and into that or serious not guilty , if they law of self-defense, evid e nee that shooting ,uu/ Smiths. and as far told doubt or abetting Smiths, the were re- as far believe from death Kelly Smiths any and cannot case, he retreated beyond a reasonable ~ d ,vv........,,,,,,,l,,( -J;;i;,,r&fld he himself in this from the Smith fired the before they Via before that at the and cannot. avail unless believe Via was the aggressor counselling, the house an aggressor that evidence evidence they the house where the Smiths and kill; fr an the that if law of self-defense before disable, jury tbat doubt at and into shown b:r the disfigure, that the beyond a reasonable at him shot No. elly and reasonably reasonably believed John Henry Smith in order bodily under his harm, then plea they should of self-defense. believed that it to :rr ot ect find �\ �4.3 0 4.5 0 4.3 0 355 _60 305 4.0 O 2.5 0 ?.5 0 '3 7 0 3.0 O 3.9 O 4 2. 9 0 1:- ��r 1.19 1.0 5 1.0 5 3.1 5 1.0 5 1.0 5 .0 1.0 5 1.0 5 35 J 4 ��_____; ��L .J ��l �COM!VIONWEALTH OF VIRGilHA, COUNTY OF ROCKINGHAM, to-wit: In the Circuit Court The grand in and for attending of said jurors said Court at do present that about December 5, 1933, the aforethought said disable, of the Commonwealth of Virginia, the body of said oaths malice County: Lizzie its Via and J. in said did shoot then against of Rockingham, December term, Dennis Smith, and kill, county county, Lizzie the peace 1933, upon their L. Kelley, on or feloniously Smith with and there and now and of intent her, to maim, disfigure, and dignity of the Commonwealth of Virginia. This Henry Smith, in Court indictment C.R. and sent is found on the Fawley, before ands. the grand testimony of John F. Newman, witnesses jury to give evidence. sworn �FA ·~ ~ I~ I~'\\~ ~ Commonwealth I~ ~\j v) Indictment Dennis Via & J. L. Kelley { ~ Felony ~ ~' ~ \"\ December term, 1933 (',~ I A True Bill: ~ ~I{ ~ Witnesses: t John Henry Smith C. R. Fawley &.s. F. Newman ~ \ ;Y f ~ ~~j ~ D. W. Farman Commonwealth's Attorney �RETURN IN FIVE DAYS TO CHAS. R. FAWLEY SHERIFF OF ROCKINGHAM HARRISONBURG. COUNTY VA. �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Date A point or period of time associated with an event in the lifecycle of the resource 1934 Title A name given to the resource Commonwealth v. Dennis Via and J.L. Kelley Subject The topic of the resource Felony Attempted Murder Description An account of the resource Defendant charged with felony attempted murder. 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. <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_012_018 Kelly Smith Via https://omeka.lib.jmu.edu/erp/files/original/f5778fc91f5ffadfa05eab1af06ee684.pdf ca70c696eccae5f68119190203e34580 PDF Text Text RAPPAHANNOCK COUNTY NAME OF CLAIMANT Kelly, J.T. # 59 - V - Number of Acres : 10 - . Overall Heirs Lap on Julia C . Location : East of Elk Wallow Gap near the top of the Blue Ridge Roads : Poor trail, 7 miles to Lee Highway, near Sperryville; thence 17 miles to Luray « . . Soil : Sandy clay loam of fair depth and fertility; good grazing land Soil in timbered portion is fairly good; comparatively free of surface rock . History of Tract and condition of timber : All merchantable &aw timber has A small area has been removed, leaving no timber of value, . some grazing value . Improvements : None Acreage and value of types : Types Acreage Value per acre Total Value Ridge : Slope : 6 @ $2.50 4 @ 15.00 $15.00 Cove : Grazing Land : — 52.00 $67.00 Fields Restocking : Cultivated Land : Orchard : Minerals : Value of Land : $ 67.00 Value of Improvements : $ Value of Orchard : $ Value of Minerals : $ Value of Fruit : $ Value of Timber : $ Value of Wood : $ Value per acre for tract : $ 6 . 7 0 Incidental damages arising from the taking of this tract : tS*' . None �c\ U County ; Rappahannock District : piedmont -V - Dr. J. Ton. Julia C. Overall Heirs . #59 Kelly Lap Acreage Claimed : Assessed : Deed ; Value Claimed : Assessed : Deed ; Area : 10 Acres . 3ast of ’21k Wallow (Jap near the top of the Blue Ridge Location ; Incumbrances , counter claims or laps ; This tract lies entirely within that portion of the overall Purvey which was formerly known as share number 3 and which was assigned to Julia c Overall in the division of that property It is understood that Dr J ? Kelly acquired title to this land from another source There is no record , however, of any suit having been instituted in the Circuit Court of Rappahannock County to contest the title of either Dr Kelly or that of the overall Heirs . . .. . . . . . Soil: Sandy clay }.oam of fair depth and fertility ; good grazing land Soil in timbered portion is fairly good ; comparatively free of surface rock Roads: Poor trail , seven miles to Lee Highway near Sperryville ; thence seventeen miles to Luray History of . . tract and condition of timber: All merchantable saw timber has been removed , leaving no timber of value A small area has some Improvements : . . grazing value . None Value of land by types: Value Type per Acreage Slope 6 4 10“ $2.50 15.00 T6tal value of land $75.00 Total value of tract $75.00 Average value per acre acre $7.50 Total Value $15.00 60.00 $75.00 � 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 Rappahannock County SNP Records: Court Proceedings Description An account of the resource The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock 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 Rappahannock 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 Rappahannock 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 Bulk of the collection dates 1930 to 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 Kelly, Dr. JT Description An account of the resource Tract: 59 - V; Location: Headwaters of Piney River, south of Hogback Mountains; Cost/Acre: $7.18; Estimate Value: $5,688.50; Number of Acres: 798.0; Monies Awarded: $5,688.50 Source A related resource from which the described resource is derived Rappahannock 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="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</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 59 - V Identifier An unambiguous reference to the resource within a given context kelly-dr-jt-tract-59-v Kelly https://omeka.lib.jmu.edu/erp/files/original/6cd9e0a6bfa8157aec9970b8f92b3ae0.pdf 9eacc879c136f6ee26ae1f167a92fbe7 PDF Text Text Rappahannock County NAME OF CLAIMANT Kelly , Dr. J. rn_ #59 IV Lap on J. J. killer Estate. - -- u Number of Acres : 8 Roads : On east side of Hogback fountain near head of Little Devil Stairs Run The old Jamison road which has been in use for many years touches this tract. It is eight miles to the nearest macadam road and twenty five miles to Luray, the nearest Soil : The soil is a sandy loam of medium depth and fertility Location : . . shipping point . History of Tract and condition of timber : All of the merchantable saw timber and tan bark was removed from this tract about thirty years ago. Remaining stand is of very poor quality and unmerchantable for saw timber. Improvements : None. Acreage and value of types : Types Acreage Ridge : 8 Total Value Value per acre vrS $8.00 $1.00 Slope : Cove : Grazing Land : Fields Restocking : Cultivated Land : Orchard : Minerals : Value of Land : $ 3 . 0 0 Value of Improvements : $ Value of Orchard : $ Value of Minerals : $ Value of Fruit : $ Value of Timber : $ Value of Wood : $ Value per acre for tract : $ 8.00 Incidental damages arising from the taking of this tract: $ None. �Rappahannock District: Piedmont Comity: - #59 IV . T.onKelly - Dr. JLap J. J. Miller Estate. X Acreage Claimed: 1460 Assessed: Deed ; Value Claimed: $23,000 Assessed: Deed: . Area; 8 Acres On East side of Hogback Mountain near head of Little Devil Stairs Run Location: . Incumbrances, counter claims or laps: This is that part of the land claimed by Dr J T Kelly which lies inside of share #7 of the Overall Survey, the residue of which is owned by J J Miller Estate ... . .. . Soil: The soil is a sandy loam of medium depth and fertility Roads: The old Jamison road which has been in use for many years It is eight miles to the nearest touches this tract macadam road and twenty five miles to Luray, the nearest . . shipping point History of tract Sind condition of timber: All of the merchantable saw timber and tan bark was removed from this tract about Remaining stand Is of very poor quality thirty years ago and unmerchantable for saw timber . Improvements: . . None Value of land by types: Type Value per acre Acreage $1.00 8 Ridge Total value of land $8.00 Total value of tract $8 GO Average value per aore $1.00 X — This Total Value #8.00 . -- - . Includes the area of tract #59 and laps #59 1 11 111 � 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 Rappahannock County SNP Records: Court Proceedings Description An account of the resource The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock 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 Rappahannock 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 Rappahannock 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 Bulk of the collection dates 1930 to 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 Kelly, Dr. JT Description An account of the resource Tract: 59 - IV; Location: Headwaters of Piney River S of Hogback Mountain ; Cost/Acre: $1.65; Estimate Value: $204.50; Number of Acres: 172.0; Monies Awarded: $284.50 Source A related resource from which the described resource is derived Rappahannock 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="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</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 59 - IV Identifier An unambiguous reference to the resource within a given context kelly-dr-jt-tract-59-iv Kelly Roy https://omeka.lib.jmu.edu/erp/files/original/92f81818069d4aad899afd475d456945.pdf 5d89140570f4e9c81441671ac15308ce PDF Text Text County: Rappahannock District: PIedmont - #59 111 — ... Dr J T Kelly Lap on Mary Ann Roy Heirs . X Acreage Claimed ; 1460 Assessed: Deed: Value Claimed ; $23,000 Assessed: Deed: . Area; 172 Acres Location: . Headwaters of Piney River just south of Hogback Mountain Incumbrances, counter claims or laps: This is that portion of the land claimed by Dr J T ::elly which lies within that part of the Overall Survey known as share #6 or which was assigned to Mary Ann Roy ... . . SoUi Thin sandy loam with some clay and subsoil Roads: The old Jamison road which has been in use for many years touch this tract It is eight miles to the nearest maoadam road and twenty five miles to Luray, the nearest shipping point . . History of tract and condition of timber ; All tan bark and merchantable saw timber was removed about 30 years ago Some of the remaining timber was killed by girdling about 20 yeurs ago, and the area grazed for several years afterwards without securing a satisfactory sod The present stand of tinber is of poor quality and has no market value . . Improvements: . . None Value of land by types; Value Type Ridge Slope . a 82 $1.00 262.00 262.00 Aver age value per acre ••• $1.51 — Total Value $82.00 2.00 Total value of land Total value of tract X H -%1 per acre Acreage 180.00 -- . This Includes the area of traot #59 and laps #59 1 11 & IV �Rappahannock County NAME OF CLAIMANT #59 111 Kelly, Dr. J. T. - - Lap on Mary Ann Roy Heirs. 172 Headwaters of Piney River just south of Hogback fountain Number of Acres : Location : Roads : . The old Jamison road which has been in use for many years touch this tract , It is eight miles to the nearest macadam road and twenty five miles to Luray, the nearest shipping . point Soil : Thin sandy loam with some clay and subsoil. - .il tan bark and merchantable saw timber ,/as removed about 30 years ago Some of the re maining timber was killed by girdling about 20 years ago, and the area grazed for several years afterwards without securing a satisfactory sod The present stand of timber is' of poor quality History of Tract and condition of timber : i . - . . Improvements:Hone Acreage and value of types : Types Acreage Ridge : 82 Slope : 90 Value per acre ' a> • m $1.00 OJ .OJ Rj • ' - Total Value $82.00 202.50 $284.50 Cove : Grazing Land : Fields Restocking : Cultivated Land : Orchard : Minerals : . Value of Land : $ 284 .50 Value of Improvements : $ Value of Orchard : $ Value of Minerals : $ Value of Fruit : $ Value of Timber : $ Value of Wood : $ Value per acre for tract : $1.65 Incidental damages arising from the taking of this tract : CLERK. � 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 Rappahannock County SNP Records: Court Proceedings Description An account of the resource The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock 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 Rappahannock 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 Rappahannock 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 Bulk of the collection dates 1930 to 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 Kelly, Dr. JT Description An account of the resource Tract: 59 - III; Location: East side of Piney Run at the Forks; Cost/Acre: $18.03; Estimate Value: $1,082.00; Number of Acres: 60.0; Monies Awarded: $1,082.00 Source A related resource from which the described resource is derived Rappahannock 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="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</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 59 - III Identifier An unambiguous reference to the resource within a given context kelly-dr-jt-tract-59-iii Kelly https://omeka.lib.jmu.edu/erp/files/original/948d26f354218747a0f62bb0ef5283a8.pdf db5bd9486de413b4a7b41e67bb1db237 PDF Text Text 1 H3 -i 3 :: i jj] 3 i i [ idlri : £l ! i 1 ! iij] Hiill s ii il I * * !i i ® l * = ; ! £ £ ii m i •i i i k 3 in !I t I. a 1 I* - a \* ; -\± ] i 1 I :r * if i iliiiiii! 1 j u j i 11 mm J t �County: Rappahannock District: Piedmont 4srXI - .. Dr* J T Kelly- Lap on tllliaiB C* overall’s Heirs . X Acreage Claimed: 1460 Value Claimed: #23,000 Assessed: Deed: Assessed: Deed: Area: . 332 ^cres Looatioq: i Headwaters of Piney River Just south of Hogback Mountain* Incumbrances, counter claims or la a: This is that portion of the "" land claimed by Dr * J T* Kelly which lies within that part of the Overall Survey designated as share #5 which was assigned to William C* overall* . - . Soil: Thin sandy loam with some clay and sub soil Roads: It is eight miles of unimproved dirt road to the Lee Highway; thence seventeen miles to Luray, the nearest shipping point * History of tract and condition of timber: All of the mercliantable saw timber arid tan bar.c was removed about 30 years ago Part of the remaining timber growth was later deadened and the land used for grazing * Some of the land so treated is now covered with fairly good sod * There is no merchantable timber of any kind on the tract at . . present Improvements: & The improvements consist of 1 story house with a dilapidated stable and othe r out buildings all of which are valued at Value of land 3150*00* by tyres; T acreage e s2 280 332 Slope Value acre ,1 ~0 2.00 Total Value, per . J.52» 00 • 360* 00 612.00 ...... Total value of land Tot 1 value of improves nts Tot 1 value of tract •••••• Average value per acre X — 150.00 C962.00 > 29 £. - . This includes area of tract #59 and laps #59 1-111 & IV � 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 Rappahannock County SNP Records: Court Proceedings Description An account of the resource The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock 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 Rappahannock 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 Rappahannock 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 Bulk of the collection dates 1930 to 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 Kelly, Dr. JT Description An account of the resource Tract: 59 - II; Location: East of Elk Wallow Gap ; Cost/Acre: $6.70; Estimate Value: $67.00; Number of Acres: 10.0; Monies Awarded: $67.00 Source A related resource from which the described resource is derived Rappahannock 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="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</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 59 - II Identifier An unambiguous reference to the resource within a given context kelly-dr-jt-tract-59-ii Kelly Overall https://omeka.lib.jmu.edu/erp/files/original/5f5960e11fb89f062b8356d1cac65a5b.pdf a43f9e2e2bc0694c2a8992c4d5e1daa6 PDF Text Text Rappahannock County NAME OF CLAIMANT Kelly , Dr. J. m #59-1 — Number of Acres : 156 Location : Overall Heirs. On the drains of Piney River about one mile east of 31k V«/ac, 1 low Gap It is eight miles of unimproved dirt road to the Lee Highway ; thence seventeen miles to Luray , the nearest o Roads : . Lap on J. C . * shipping point. Soil : Sandy clay loam of slightly less than average fertility for mountain soil in this locality . History of Tract and condition of timber' : All of the merohantalle saw timber and tan bark was removed about 30 years ago. Part of the remaining timber growth was later deadened and the land used for grazing Some of the land so treated is now covered with fairly good sod. There is no merchantable ti -ber of any kind on the tract at present. . Improvements : Hone. Acreage and value of types : Types Acreage Value per acre Total Value Ridge : Slope : r 108 25 v-243.00 28 13.00 364.00 $607.00 < Cove : Grazing Land : Fields Restocking : Cultivated Land : Orchard : Minerals : Value of Land : $ 607.00 Value of Improvements : $ Value of Orchard : $ Value of Minerals : $ Value of Fruit : $ Value of Timber : $ Value of Wood : $ Value per acre for tract : $ 4 . 4 5 Incidental damages arising from the taking of this tract : S ^Hone . &f As . CLERK �I County: Rappahannock Dist ri ct: PIedraont /59 . -1 X Acroa/.e Claimed ; Value Claimed: J. T. Kelly — Dr.lap on J. 0. verull* s Heirs. 1460 Assessed: Deed: | 33,000 Assessed: Deed: Area: Location: . 136 Acres On the drains of Piney River about one mile east of 31k allow Gap . Incumbrances, counter claims or laps; This is th t part of the land ol i ad by Dr J T Kelly which lies within that portion of the overall Purvey known as share #3 and which was assigned to Julia c overall ... . . Soil: Sandy clay loam of slightly less than average fertility for mountain soil in this locality Roads: It is eight miles of unimproved dirt road to the Lee Highway; thence seventeen miles to Luray, the nearest shipping point . . History of tr ct and condition of timber: All of the merchantable saw timber uni tan bark was removed about 30 years ago Part of the remaining timber growth was later deadened and the land used for grazing, ooiae of the land so treated is now covered with fairly good sod Thore is no mercnantable timber of any kind on the tract at present . . improvements: Yalue of land . None b ty as: Value Type Acreage per lG8 V Slope Fg Fr Total value of land Total value of tract Average value per acre X — . 26 2 136 Total acre Value £316.00 3.00 15.00 390.00 6.00 . 3 00 613.00 618.00 | 4.50 - - - . This includes area of tract /59 and laps /59 11 111 IV � 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 Rappahannock County SNP Records: Court Proceedings Description An account of the resource The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock 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 Rappahannock 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 Rappahannock 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 Bulk of the collection dates 1930 to 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 Kelly, Dr. JT Description An account of the resource Tract: 59 - I; Location: East side of Hogback Mountain near head of Little Devil Stairs Run; Cost/Acre: $1.00; Estimate Value: $8.00; Number of Acres: 8.0; Monies Awarded: $8.00 Source A related resource from which the described resource is derived Rappahannock 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="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</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 59 - I Identifier An unambiguous reference to the resource within a given context kelly-dr-jt-tract-59-i Booth Iles Kelly Miller Roy Settle https://omeka.lib.jmu.edu/erp/files/original/a67c39dd2edf80e47de4e8d2defcba94.pdf d9ddc353f14714227e6fdc37c77901e7 PDF Text Text County 1 District : Bappahannock Piedmont NAME OF CLAIMANT # 59 a Number of Acres: Location: 60 - Kelley, J.T., Dr r East side of finey ^un . at the forks A rough country road runs along the west boundary and leads to the State Highway 5 miles distant. Thence it is 17 miles to Luray, the near est shipping point Roads: . . . Sandy loam of good depth and fertility, but rocky Slopes are mod erate and steep with some rock outcrops Exposure is west Soil : . - The western side has been cleaned uo and grazed for many years, but is now growing up to bushes, and has consider able alder on some parts The tan bark has been removed and there has been considerable cutting The rental paid by the tenant is 312.00 per year/ Timber: There is an open stand of fair timber with re d oak up to 24 DBH. and poplar to 20 with some small. chestnut oak and whit e pine, On 55 acres there is 78 M of red oak, 23 M. Poplar , 13 M. white pine, 4 M chestnut oak and 3 M. hickory Also, 14 cords of locust Improvements: One 2, story 6 room. house, paper house, barn oaper roof, smoke house, hen house and spring house, all in fair condition History of Tract and condition of timber: - . . . . . . . . Acreage and value of types : Total Value Value per acre Acreage Types Slope : 24 @ $3.00 $72.00 Cove: 6 @ 5.00 30.00 30 @ 8.00 Grazing Land : 240.00 1342.00 IT Cultivated Land: Orchard : Minerals: Value of Land: Value of Improvements: $ 525 * 00 525.00 Value of Orchard : $ Value of Minerals: $ Value of Timber: $ 215.00 f 215.00 1082.00 Value of Wood: $ Value per acre for tract: $ 13 * 0o Incidental damages arising from the taking of this tract: $ HONE CLERK �I County: Rappahannock Dist ri ct: PIedraont /59 . -1 X Acroa/.e Claimed ; Value Claimed: J. T. Kelly — Dr.lap on J. 0. verull* s Heirs. 1460 Assessed: Deed: | 33,000 Assessed: Deed: Area: Location: . 136 Acres On the drains of Piney River about one mile east of 31k allow Gap . Incumbrances, counter claims or laps; This is th t part of the land ol i ad by Dr J T Kelly which lies within that portion of the overall Purvey known as share #3 and which was assigned to Julia c overall ... . . Soil: Sandy clay loam of slightly less than average fertility for mountain soil in this locality Roads: It is eight miles of unimproved dirt road to the Lee Highway; thence seventeen miles to Luray, the nearest shipping point . . History of tr ct and condition of timber: All of the merchantable saw timber uni tan bark was removed about 30 years ago Part of the remaining timber growth was later deadened and the land used for grazing, ooiae of the land so treated is now covered with fairly good sod Thore is no mercnantable timber of any kind on the tract at present . . improvements: Yalue of land . None b ty as: Value Type Acreage per lG8 V Slope Fg Fr Total value of land Total value of tract Average value per acre X — . 26 2 136 Total acre Value £316.00 3.00 15.00 390.00 6.00 . 3 00 613.00 618.00 | 4.50 - - - . This includes area of tract /59 and laps /59 11 111 IV �County Rappahannock District: Piedmont . - #59-a, Kelly, J T, Acreage Claimed: Value Claimed: . Location: East side of Piney Run at the forks • Incumbrances, counter claims or laps: Sandy loam of good depth and flertility, but Slopes are moderate and steep with rocky Exposure is west some rock outcrops Soil: . Roads: . . A rough county road runs along the west boundary and leads to the State Highway 5 miles distant Thence it is 17 miles to Luray, the nearest shipping point . . History of tract, and condition of timber: The western side has been " clean ecF up and grazed for many years, but is now growing up to bushes, and has considerable alder on some parts The tan bark has been re moved and there has been considerable cutting The rental paid by the tenant is #12 per year . . . Timber: Improvements: .- There is an open stand of fair timber with red oak up to 24 D B H and poplar to 20" with some small chestnut oak and white pine On 53 acres there is 78 M of red oak,23 M poplar, 13 M, white pine, 4 M chestnut oak and 3 M hickory Total,121 M, valued at #3.50 per M Also,14 cords of locust at #1,00 per cord . .. .. ” - .. . .. . - ...... .. .... The house is 2 story,6 room,14 x 26,with 14x141 "L",,paper roof, valued at , #300 Barn 16x20 with paper roof, 150 Chicken House,10x14 *,paper roof f • M 20 Smoke house,8x10,paper roof 20 Spring house, 25 Total #5lS . . .. .. ' Value of land by types: Types: Value Per A ' reage: Slope Cove P g 6 30 89 value of land Total n a improvements ft ft n ft timber Tract Average value per acre . #3.00 Total Value 5.00 5.00 30 150 .#339.00 . 515.00 . 438.00 #1292.00 #14.52 .. ¥5597 �Co- ty ; Rappahannock Disti-xct: Piedmont - #59a, Kelly, J.T. N A } " J.B.Bolen , // ' / A.Bailey L / rj M $ -r v v\ 4 H.L.Johnson « xNs tVc ^ " \ C.H.Bowen NVPVV \ \i W V Hi 1> \ . LEGEND: Cove Orchard " Slope Ridge Scale - Grazing Land Tillable Land 20 chains l" � 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 Rappahannock County SNP Records: Court Proceedings Description An account of the resource The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock 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 Rappahannock 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 Rappahannock 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 Bulk of the collection dates 1930 to 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 Kelly, Dr. JT Description An account of the resource Tract: 59 - A; Location: Headwaters of Piney River south of Hogback Mountain; Cost/Acre: $2.50; Estimate Value: $832.00; Number of Acres: 332.0; Monies Awarded: $832.00 Source A related resource from which the described resource is derived Rappahannock 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="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</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 59 - A Identifier An unambiguous reference to the resource within a given context kelly-dr-jt-tract-59-a Burns Hooff Hopper Jackson Kelly Keys Kirksey Loving Orme Overall Smith https://omeka.lib.jmu.edu/erp/files/original/1443892dbde8225d2e90a1a538e91bde.pdf 5d2a0d63a6c9440a56b86591ac60f27b PDF Text Text RAPPAHANNOCK COUNTY NAME OF CLAIMANT - Kelly, Dr. J .T . # 59 798 Number of Acres: . Location: On the headwaters of Piney River and south of Hogback mountain Roads: The old Jamison road crosses this tract , but practically the only outlet i s down Piney River , a distance of approximately 8 miles . the Lee Highway Soil: to . Sandy clay loam with numerous rock outcrops History of Tract and condition of timber: _ ( SEE REVERSE SIDE FOR THIS INFORMATION ) Improvements: | 1- Story frame house , and one small frame stable . Acreage and value of types: _— Ridge: 10 Slope : 434 Cove: Value per acre Acreage Types Grazing Land : — . 354 Total Value @ $1.00 $10.00 @ 2.25 976.50 @ 13.00 Fields Restocking: 4602.00 $5568.50 Cultivated Land : Orchard : Minerals: Value of Land : $ 5588.50 Value of Improvements: $ 100.00 Value of Orchard : $ 100.00 $5688.50 Value of Minerals: $ Value of Fruit: $ Value of Timber: $ Value of Wood : $ Value per acre for tract: $ 7 # 12 Incidental damages arising from the taking of this tract: $ NONE CLERK �Continued from other side HISTORY OP TRACT AND CONDITION OP TIMBER: All of the tan hark and merchantable saw timber was removed about 30 years ago and much of the remaining timber was deadened about 20 years ago in an attempt to convert the tract into grazing land Only a compara tively small portion of the land so treated is now in sod Much of the tract is covered with briers and young locust sprouts Remaining stand of timber is of very poor quality and has no market value The owner has done very little in recent years to keep down the brush Practically the entire and briers which are crowding out the grass tract is enclosed with good wire fence . . . . . . - �Revised report County: Rappahannock District: Piedmont #59 - Dr. J. T. Kelly X Acreage Claimed: 1460 Assessed: Deed: Value Claimed: $23,000 Assessed: Deed: . Area: Location: 798 Acres On the headwaters of Piney River and south of Hogback Mountain . Incumbrances, counter claims or laps: All of the land claimed by Dr J T Kelly lies within the area embraced by the Overall Survey The area covered by this report is included in what was formerly known as share #4, and which was assigned in the division of that property to Mariah L Pitman It is generally understood that a former owner of this portion of the Kelly land was able to show a better title to the land in a suit in the Circuit Court of Rappahannock County The records pertaining to this suit are not complete, but there are a number of people living who remember when the suit was instituted There is no reoord of any other suit to clear up the title for the remaining portions of the overall Survey In nearly every Instant the other claimants to these lands have them under fence and much of the land is being grazed or cultivated Lap reports have been prepared for the remaining portions of the Kelly land which lies within shares #3, 5, 6 and 7, of the overall Survey ... . . . . . . . . . Soil: Sandy clay loam with numerous rook outcrops Roads: The old Jamison road crosses this tract, but practically the only outlet id down Piney River, a distance of approximately eight miles to the Lee Highway . History of tract and condition of timber: All of the tan bark and merchantable saw timber was removed about 30 years ago and much of the remaining timber was deadened about 20 years ago in an attempt to convert the tract into grazing land Only a comparatively small portion of the land so treated is now in sod Much of the tract is covered with briers and young locust sprouts Remaining stand of timber is of very poor quality and has no market value The owner has done very little in reoent years to keep down the brush and briers which are crowding out Practically the entire tract is enclosed the grass with good wire fences. . . . . . - Improvements consist of 1 - story frame house, and of 150,00B | one small frame stable with a total value Improvements: ^ �i \ t OFFICE OF COUNTY CLERK OF RAPPAHANNOCK COUNTY WASHINGTON , VIRGINIA H O N . J. R . H. A L E X A N D E R, J U D G E J A S . M S E T T L E, C L E R K E L I Z A B E T H H. D E B E R G H , D E P. C L E R K . April 13th, 1933 Judge J R H Alexander, Leesburg, Virginia . My dear Judges I am herewith enclosing letter this day received from William D Medley and Arthur B Cook, attorneys for Alfred B Isles, together with motion for extension of time and exceptions to report of Appraisal Com missioners for Shenandoah National Park . . . .- I am sending you these papers for such action as you may deem necessary . Sincerely yours, JMS/s �A S S O C I A T E S— GLENN WILLETT C H A S. K E R S H E N B A U M , C . P . A A R T H U R E. C O O K G E O. W A L T E R S M I T H HUGH M. FRAMPTON LAW OFFICES SUITE 327 , SOUTHERN BUILDING W A S H I N G T O N , D . C. WILLIAM D. MEDLEY METROPOLITAN 4042 April 12, 1933 . James M Settle, Clerk, Circuit Court of Rappahannock County, Washington, Virginia Dear Sir ; We are enclosing a Motion for Extension of Time in which to file exceptions to the Report of the Appraisal Commission ers in the matter of the claim of Alfred B * lies in the cause of the State Commission on Conservation and Development of the State of Virginia vs. Clifton Aylor and others , and thirty seven thousand four hundred (37,400) acres of land more or less. We are also enclosing the exceptions to be filed in the event that the Court grants the motion for extension of time - - . in which they may be filed Since our reasons for making this motion ere fully set out in the motion itself we feel that it is possible for you, &s Clerk of the Court , to present the matter to the Court for its consideration. If you will do this we will greatly appre ciate your kindness as it will thus relieve us of the necessity of coming quite some distance - . Thankihg you for your courtesy in this matter we are, . Yours very truly J ). ATTORNEYS TOR ALFRED B. IDES WDM/b Encs. 3. �Ilf THE CIRCUIT COURT OF RAPPAHANNOCK COUNTY, VIRGINIA THE STATE COMMISSION ON CONSERVATION AND DEVELOPMENT, 0? THE STATE 0? ) ) ) VIRGINIA, ) ) Petitioner, ) ) ) ) CLIETON AILOR AND OTHERS, fend thirty seven thousand four hundred (37,400) ) acres of land more or less, ) ) ) Defendants - . EXCEPTIONS TO REPOST 0? APPRAISAL COMMISSION BY ALFRED B ILXS, DEFENDANT. . . 1 This cause came on to be heard before the Board of Appraisal Commissioners, and pursuant to hearing scheduled August 25, 1930, at eshington, Virginia, testimony was taken . E. Manuel, from witness R to the effect that he was foreman of operations for defendant, Alfred B » lies, in mining operations under a certain mining lease the subject of these proceedings; that said operations were ceased upon the co - ncement of pro ceedings by the petitioner to condemn the land under authority of The Public park Condemnation Act; that a lode of mineral ore had at that time been opened to approximately twenty feet in width and more than ten feet in height ; that said lode had been definifely located to extend through Mount Marshall, on the - land lease of this defendant, for a distance of exceeding one mile; that mine buildings for general purposes, and roadways had been partially constructed to facilitate removal of said ore; that the project was abandoned solely because of eoceneement of said condemnation; that there was submitted approximately one hundred pounds of copper ore, which it was testified by the said R « E « Manuel had been taken from the property, and representative of the lode uncovered ; and affidavit stating expenditures upon the property, the result of assays maae by assayere and smelters, �-£- and estimated content of said lode upon the leased land was . submitted by defendant . £ Notwithstanding that hearing was held, testimony taken, and evidence of mineral submitted, the said Board of Appraisal Commissioners rendered the following report, which not only negatives any value in said leaee, but even infers that defendant never presented any evidence, or w&e heard , in any manner whatsoever ; - # 54 1 Name of Claimant, lies, Alfred B. "Location; Mining lease on 1000 acre traot. "There ie no evidence before as as to any potential value, we have given Mr. Ilea every opportunity to procure some evidence of mineral value, but has failed to do so . .. "Geo H Levi, Clerk - . Appraisal Conan'rs "Incidental imagee arising from taking of this tract £ none " - . 3 . . The defendant Alfred B Ilea excepts to the above report in its entirety for the reasons stated in paragraph 1, hereof, that the report does not set forth the facts of evidence sub - mitted , and for the further reason that the Board of Appraisal Commissioners ie required not only to determine "potential value", but is required to make a finding in relation to the value of existing property right, at the time of commencement of the proceedings, including the value of improvements renaered useless to the defendant by the fact that the said condemnation deprived him of his right to use the property in accordance with his then vested right therein; that no judicial, nor quasi judicial authority has the right arbitrarily to state that a leasehold is of no value whatsoever, and thus lightly take private property.without any compensation therefor . v �-3- 4 . Wherefore the Defendant, Alfred B * lies, exeepts to - the entire report, and prays that it be set aside, and a determ ination of the value of his leasehold right in the said property be made as of the time of the commencement of the condemnation . proceedings JjL 7 fJ WILLIAM D. UWLEY ( 7 . ARTHUR E COOK ATT0RS7YS FOR DEF Elf DAFT , . ILES. ALFRED B . WILLIAM D MEDLEY and ARTHUR S* COOK 3£7 Southern Building, Washington, D C « ATTORNEYS FOR D1PEHDAKT . . ILES. ALFRED B 1 �9 I | S . JAS CLERK M . SETTLE CIRCUIT COURT OF THE . F O R R A P P A H A N N O C K C O. W A S H I N G T O N, V I R G I N I A. \ 0 Judge J R H Alexander «£«0B»9^ Leesburg * * % �T « > »1 *'"< ! 1 'V t * * * III THE CIRCUIT COURT 0? RAPPAHANNOCK COUNTY, VIRGINIA * t - \ TIU STATE COMMISSION 011 CONSER VATION AND DEVELOPMENT , OP THP STATE OP VIRGINIA * - « . petitioner - VS ; - A » k CLIFTON AYLOR AND OTHERS, and thirty seven thousand four hundred (37,400) acres of land more or less - . Defendants. EXCEPTIONS TO REPORT OF APPRAISAL COMMISSION * ?- /?3$. /Ll. Ji WILLIAM D. EDLEY and ARTHUR E. COOH 327 Southern Building, T,'T IVi Qj .C Washington, D ATTORNEYS FOR . 3 * DEFENDANT, ALFRED ILES* i �IN THE CIRCUIT COURT OR RAPPAHANNOCK COUNTY, VIRGINIA THE STATE COMMISSION ON CONSERVATION AND DEVELOPMENT, OP THE STATE OE VIRGINIA, Petitioner, -vs- - ) ) ) ) ) ) ) ) ) CLIFTON AYLOR AND OTHERS , &nd thirty seven thousand four hundred (37,400) ) acres of land more or less, ) ) ) Defendants . EXCEPTIONS TO REPORT OE APPRAISAL COMMISSION BY ALFRED B. ILSS, DEFENDANT . . 1 This cause came on to be heard before the Board of Appraisal Commissioners , and pursuant to hearing scheduled August 25, 1930, at Washington, Virginia, testimony was taken from witness R E Manuel, to the effect that he was foreman of .. operations for defendant, Alfred B. lies , in mining operations under a certain mining lease the subject of these proceedings ; - that said operations were ceased upon the commencement of pro ft ceedings by the petitioner to condemn the land under authority ** of The Public Park Condemnation Act; that a lode of mineral ore had at that time been opened to approximately twenty feet in width and more than ten feet in height ; that said lode had been definitely located to extend through Mount Marshall, on the - ft land lease of this defendant, for a distance of exceeding one mile ; that mine buildings for general purposes, and roadways had been partially constructed to facilitate removal of said ore ; that the project was abandoned solely because of commencement of said condemnation; that there was submitted approximately one hundred pounds of copper ore, which it was testified by the said . R E» Manuel had been taken from the property, and representative of the lode uncovered ; and affidavit stating expenditures upon the property, the result of assays made by assayers and smelters , * i �-£and estimated content of said lode upon the leased land was . submitted by defendant . £ notwithstanding that hearing was held, testimony taken, and evidence of mineral submitted, the said Board of Appraisal Commissioners rendered the following report , which not only negatives any value in said lease, but even infers that defendant never presented any evidence, or was heard, in any manner whatsoever ; - # 54 1 Name of Claimant, lies , Alfred B * "Location; Mining lease on 1000 acre tract. "There is no evidence before us as to any potential value We have given Mr lies every opportunity to procure some evidence of mineral value, but has failed to do so . . . "Geo. H. Levi , Clerk - Appraisal Comm'rs. "incidental dmages arising from taking of this tract $ none." - . 3 . lies The defendant Alfred B in its entirety for the excepts to the above report reasons stated in paragraph 1, hereof, that the report does not set forth the facts of evidence sub - - mitted , and for the further reason that the Board of Appraisal Commissioners is required not only to determine "potential value", but is required to make a finding in relation to the value of existing property right , at the time of commencement of the proceedings , including the velue of improvements rendered useless to the defendant by the fact that the said condemnation deprived him of his right to use the property in accordance with his then vested right therein; that no judicial , nor quasi judicial authority has the right arbitrarily to state that a leasehold is of no value whatsoever, and thus lightly take private property without any compensation therefor ^ . �-3- . . Wherefore the Defendant, Alfred B lies, excepts to the entire report, and prays that it be set aside , and a determ 4 - ination of the value of his leasehold right in the said property be made as of the time of the commencement of the condemnation proceedings* h, . WILLIAIi D MEDLEY (Ju ^ Ar' y .Mrfi- ' r , ARTHUR E* COOK ATTORN IYS FOR DEFENDANT, ALFRED B ILES ’ . - . WILLIAM D MEDLEY and ARTHUR E. COOK 3 £7 Southern Building, Washington, D C * . ATTORNEYS FOR DEFENDANT ALFRED B. ILES . 1 *- �I c IN THE CIRCUIT COURT OP RAPPAHANNOCK COUNTY , VIRGINIA T ’njS STATU C 01.111 ISSI ON ON CONSER VATION AND DEVELOPMENT OP THE STATE 0? VIRGINIA i ‘ . . « Petitioner, - VS - CLIPTON AYLOR AN D OTHERS , e n d t h i r t y seven t h o u s a n d f o u r h u n d r e d ( S 7 , 400 ) acres of l a n d more o r l e s s « - . . Defendants EXCEPTIONS TO REPORT OP APPRAISAL COMMISSION / I # / ? 32 ' . . southern ' WILLIAM D MEDLEY and ARTHUR E COOK , c; B u i l d i n g, 3S 7 /’ / a s h i n g t o n , D * C » ATTORNEYS FOR DEPENDANT , ALFRED B ILES . . ji . X f �t IF THE CIRUCIT COURT OP RAPPAHANNOCK COUNTY, VIRGINIA THE STATE COMMISSION OH CONSERVATION AMD DEVELOPMENT OP THE STATE OF VIRGINIA, ) Petitioner, ) ) -vs- - ) ) ) CLINTON AYLOR AND OTHERS, and thirty seven thousand four hundred (37,400) aores of land more or less, . Defendants ) ) ) ) ) ) EOTION FOR EXTENSION OF TIME . Now comes Alfred B * lies, by his attorneys, William D Medley . and Arthur E Cook, and moves this honorable court for extension of time to ten days from the hearing hereon in which to file exceptions to the Report of the Appraisal commissioners , filed in this Court on the eighteenth day of May, 1932, and gives as reasons therefor: . That no notice of the filing of said report was received by this defendant or his attorneys , notwithstanding that diligent efforts to obtain information concerning the same were . made by this defendant and his attorney, Arthur E Cook ; that the Board of Appraisal Commissioners was advised in July 24, . lies from 1930, of the removal of Mr . C , to Washington, D « Colorado Springs, Colorado ; that subsequently correspondence with the Clerk of said board was with defendant's attorney, . - Arthur E Cook, who represented the defendant at a hearing con ducted pursuant to order of this Court ; that said attorney was advised that he Would be advised of the filing of said report, but notwithstanding several inquiries in regard thereto neither *- . defendant nor his attorney has received notice thereof �-2- - Your petitioner has ready for filing in this cause exceptions to the said report, and therefore prays that the same may be accepted and considered herein* JS . Jl/f rk MS / WA / f f . IDES, Attorneys for ALFRED B defendant. WILLIAM D. MEDLEY, ARTHUR E COOK, 327 Southern Building, Washington, D » C * . ¥ 9 - �r 1 V . r. III THE CIRCUIT COURT OF RAPPAHANNOCK COUNTY, VIRGINIA . % - \ TEE STATS COMMISSION ON CONSER VATION AND DEVELOPMENT OF THE STATE OF VIRGINIA , « Petitioner , -VSCLIFTON AYLOR AND OTHERS , end thirty seven thousand four hu hundred (37,400) acres of land more or less , - * Defendants. MOTION FOR EXTENSION OF TIME i % K z- / . WILLIAM D MEDLEY and ARTHUR E. COOK 3 H7 Southern Building, Washington, D C. ATTORNEYS FOR DEFENDANT, X V Q. • ALFRED B. TT . o JLu -* h �IN THB CIRCUIT COURT OF RAPPAHANNOCK COUNTY, VIRGINIA, MONDAY, MAY 8th, . 1933 . This day came Alfred B Isles, by counsel, and moved the Court for leave to file exceptions to report of Appraisal Commissioners filed on May 18, 1932 in the condemnation proceedings of State Commission on Conservation and tievelopment of the State of . Clifton Aylor, et als• Virginia vs which motion the Court doth > grant, subject however to such exceptions as may be made and filed thereto ; . whereupon said exceptions were filed - A COFY T3STS: Pf, / Clerk •. Y # �(Ernttmteatott on (Emtaeruatton nnb Smlopment RICHMOND. VA. . WILLIAM E CARSON , CHAIRMAN, RIVERTON COLEMAN WORTHAM , VICE CHAIRMAN, RICHMOND JUNIUS P FISHBURN , ROANOKE E GRIFFITH DODSON NORFOLK RUFUS G ROBERTS, CULPEPER THOMAS L FARRAR , CHARLOTTESVILLE LEE LONG , DANTE . . . B U R E A U S O F THE COMMISSION GEOLOGICAL SURVEY WATER RESOURCES AND POWER FOREST SERVICE . . PARKS ARCHAEOLOGY AND HISTORY STATE PUBLICITY . ELMER O FIPPIN , EXECUTIVE SECRETARY AND TREASURER PHONE RANDOLPH 3 7 5 5 kt the meeting of the State Commission on Conservation and Development , held in Richmond , December 21, 1928 , the following motion was made by Mr , Wortham , seconded by Mr Eishburn , and carried: . "For the purposes contemplated in Section twenty four ( 24 ) of the Public Park Condemnation Act , William E Carson , uhairman of the State Com mission on Conservation and Development , is hereby designated and appointed in writing the representa tive , agent , and attorney of the said Commission , through whom the Commission desires to act in the institution and maintenance of proceedings looking - . - - to the acquirement , by condemnation proceedings or otherwise , of title to lands and other property , for a public park or for public park purposes under authority of the National Park Act , and the Executive Secretary of the Commission is hereby authorized and directed to furnish to the said William E Carson , Chairman of the State Commission on Conservation and Development , such properly certified copies of this resolution for file with the record of any such con demnation proceedings which may be instituted under authority of said Public Park Condemnation Act ” . - . Subscribed and sworn to before me this 28th day of October , 1929 , . du- Uz ^ Notary Public My commission expires October 16 , 1932 . % �r 1 4 * f V :• » 1 » |E •0 V �- *r f \ . ' \ h /yf. f ^ \ ) i , - PETITION OF THE STATE CON SEHVATIOi : AND DEVELOPMENT OF THE STATE OF VIRGINIA , FOR THE CON OP fltATION OF LANDS I!, \ C OUNTY - . J V \ j P E T I T I O N & ' ^v V .•o < LAW OFFICES WEAVER & ARMSTRONG FRONT ROYAL , VA. ' �Page two if 59 - Dr. J. T. Kelly Value of land by types; Value Type per Acreage Ridge Slope Fg 4a.oo 10 434 868.00 2160.00 630.00 $3668.00 798 Total value of land Total value of improvements Total value of tract Average value per aore X -- » ,3668.00 ' 150.00 $3818.00 $4.78 -- - Total Value $10.00 2.00 15.00 3.00 144 210 FT acre . This includes area in laps #59 1 11 111 & IV �* 7 j f rSf & - ___ of . Claim In the Cir6* t Court of The State G immission on tioner, vs. c _ ' , At Law. County, Virginia, No and Development of the State of Virginia, Peti - Conservation — County, Virginia, Defendants. more or less, of land in \^/.V *pd/(2 SL The undersigned , in answer to th * tition of the State Commission on Conservation and Development of the State of Virginia , and in response to the notice of condemnation awarded upon the filing fcfsaid petition and published in accordance with the order of the Circuit County, Virginia, asks leave of the Court to file this Court of as his answer to sMcFpetjjjon /apd to said notice. My name is My Post Office Address is I claim a right, title, estate or interest in a tract$or parcel of land within the area sought to be condemned, containing about. acres, pn which there are the following \ buildings and improvements : .CUd>JL i . __ , A ) __ ^ This land is located about. miles from Virginia, in £ the Magisterial District of said County. I claim the following right, title, estate or interest in the tract or parcel of land de scribed 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 owpers adjacent to the above described tract or parcel of land are as follows : North »A / . ?34 South ___ East _____ West ^ ^ / __ 22 _ 9 __ A*>L_ ^^ ^ _ _1fc 8x_ j _ S?/ 5 J?lfc. vin the ^^ I acquired my right, title, estate or interest to this property about the year / /) following manner : ; 1_ _ _ S T < I claim that the . total value of this tract or parcel of land with the improvements thereon is 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 I am the owner of acres of land adjoining the above described tract or w 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 $ ^ as to ( In the space below should be set out any additional statements or information this claim which claimant desires to make ; and if practicable he should also insert here a description of the trapjt or parcel of land by metqs and bounds ) . Remarks: \?_ _ _ J*?* _tO- •_ _ - remarks if necessary on hfc back ). day Witness my signature ( or my name and mark attached hereto ) this_ it , . of 1930 d ry et p jr*^ ^ STATE OF VIRGINIA, COUNTY OF fc4rv r To-wit : The undersigned hereby certifies that. the above named claimant personally appeared before him and made oath that the matters and things appearing in his above answer are true to the best of his knowledge and belief , day of _ r. , 1930. this ( Continue ^ __ ^^^ ^ " 4^ ^ __ __- - -_T TL TZM~ f o _ / if. Clerk the Court, or Special Invest! ;or or Notary Public, or Justice of the Peac£ �£iCPin^ JX <z^tu£ 1 ^ -A ~ 4 n,c*-*L>° }nu 3 UX^J ^ . } ? u o / Ins JJL ^ > y / yiyd/ ^ Y // o r & y^ ~( * ^ — a^ yt ^ ' fei *J*o X* fi) ( ^ f fi. ' 3& < ' ^ (0 yv *' t £ & «4**£ y <' '• ' S^ y > « > A- <1* 4 / // lX - t^~<2. /A* <r >ve ^ 0 '/ / Jv* ^ - A. c f L " - A 3 -jfiwaf ^ WA*^~ ^- ^ (p ^ ( Vc ts v' — AY ~ * > \ ^ vcJs ^ ' ^ / // J2 ^ ' T/ P i* %>• &> , / / * ^ iL . —I bi) - ?£ * yj C /> _ P - -- * /^ < ^ J? ^ A V Otrp > ^ 1 .‘o J c > L ^ „ _ WvL /A"/ / ^ . /iL /*^ ^ tvv - V*V* £*v J J \ ) y? £ jy i £ sCJi X< % AAMCLCA C K. CL (C £ tu >+ y ' // ~$ / • J a/. ^ ; ^ — oV" 1 $ £* ^^ / » fiK^ «» , r LLy -~*> , 9 / / j »r Z Y~ —— 5» > *A -i ^ 4. . * * , ^ Octsyu » . ~o / ^^ ^ - — v- .. ^ A^< t / o Jhi-^ lyiu / ffy Ai Ctis A { > ? . * ^ ^ 't « ,, ' ' /Oi,tsL 'V / C. L /A^V — jty ^ r cAlzJci & yk y^- t^C AAM' OL& AAsts* ' / f -a * - ^ 1- * £ ) A ^ j J (* b • *7 /6 ^ 7 <?£A y & J?£ ^ C AsiS ^t . ' / / .00 y 0 Uc^~ / \A^fl .,> 4 v £ -- ^ ^ [ ^ £> / ^srX « ^ yVV -ij>{ yL / ^ tii C • S\ tj <Lu-£ Ay sf ~ r /? , DLtA^ /2 s A6 HT40 /O UJ , vV « ~ 3^ y irO & / fl <^*^t S^rpt * AL***C . / * A lrw Z *. i /9 * & £ / “ & * 1 lr iA 3 > XXAyu>- ! / v-^-w Q*vc t " / [yo ^ , 1 UJ * »!' o y- j ££LAC£2 - 0 * f / yn~* y / *> yy iZt / ^ AX �•V J. T. KELLEY, M. D. %c* ULPEPER . VA S/A/ ia% L > 4)e^0- — - 2L * > a£ CxstS \ (2 * t0L Asf jd —- c * - -~p ^ edmJ (L ^ WcJL w ^yfjG> d/W Osv GL 1VC*/,0 K) ' ' , - * . ( i i • , i / * O • /i^/ fi-^ yy*t /00 4,(i U L 7 kgrt / M0 00 ^ Cc VT ^- ( cO/ 5'/(Jj/~q. too ^ ^ ^ ^ a ^^ 3 elk* t /Jkst jf { ^—- L szs*-Z, > ^ jLtTtro , ' ' o / s-^~c e/>*£/ y \ V C/CLfrC/t //0 . /: / c > / 0 CUAA > 6L k^ ^ ^ V N OyC P/LIX- M> 2- su/ /Jij/ / /mOo 4 t / 1 J J kd^K \ h-* ~k£t($ to (? * Cksj 0 0 /{ . A f ^ d lo ~ -- -- dyLoi/y* 9bA ( L ~* ^ /\Ar\J \0>< �J . T. K E L L E Y , M . D . X. ^ vt 192 J. t cJ (jxly&m{ jz*o ��t / c \ PILED IN CLEKK 8 OFFICE ‘ RAJPjPAUANNOCK COb'M V J/£,'{77?Jei fl i » i » • ; ( > K &L Clerfv 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rappahannock County SNP Records: Court Proceedings Description An account of the resource The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock 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 Rappahannock 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 Rappahannock 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 Bulk of the collection dates 1930 to 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 Kelly, Dr. JT Description An account of the resource Tract: 59; Location: Drains of Piney River one mile east of Elk Wallow Gap; Cost/Acre: $4.46; Estimate Value: $607.00; Number of Acres: 136.0; Monies Awarded: $607.00 Source A related resource from which the described resource is derived Rappahannock 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="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</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 59 Identifier An unambiguous reference to the resource within a given context kelly-dr-jt-tract-59 Kelly Overall