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Text
c
~932
COMh.1NWEA.L'JH
v.
)
K1sdr.
V. L. KENNEDY
.Appeal
�0
�ft
I
�'
�commonweal th
v.
On an appeal
o-r the
from a decision
of the Mayor
City of Harrisonburg
V. L. Kennedy
This
day came again
and the
de endant,
nizance,
and the
v.
the
attorney
L. Kennedy,
jury
for
and sworn
for
case
came pursuant
to adjournment;
and having
tion
of the
court,
the
sent
sider
their
verdict,
Court
and returned
the
the
v.
defendant,
were
and after
out
some time
following
L. Kennedy,
Commonwealth,
came in obedience
impanelled
jurors
the
guilty
the
trial
as
to conagain
"We, the
into
jury,
find
umcu~xa:
charged
in
fimrxmfit~xtiDCDXDXE1rD1x&xmo::til:~SD%•Xltmmi
warrant
and fix
of $200.00,
his
punishment
G.C. Dowell,
at
six
foreman."
this
instruc-
of court
ca~e
recogof
received
they
verdict:
to his
months
in jail
Whereupon,
the
the
and a fine
accused,
etc.
. . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . .
And thereupon,
recover
against
fine
aforesaid,
that
the
Convict
the
it
is
the
L. Kennedy
costs
incident
V. L. Kennedy
Road Force
for
by the
v.
said
and the
said
jury,
considered
the
and thereafter
be held
until
17,
the
1933,
court
first
until~is
fine
day of the
in order
of Appeals
that
for
a writ
and thereupon,
on motion
in the
of
fore
penalty
this
court
L. Kennedy,
her
sufficiency,
were
for
the
ap12arance
Court
with
personal
on the
first
of error
of the
v.
each
months,
to the
defendant
term
and
State
fixed
be paid,
Court,
by
or,.
duly
as
he is
April
said
of
April
supreme
this
admitted
for
his
Court;
to bail
appearance
be-
April
Term, and the
said
surety,
who Justified
to
reccgnized
of the
being
to the
judgment
Dollars,
Myers
day of the
the
may apply
day of the
Elizabeth
the
on the
and costs
defendant
first
dollars,
labor
Tenn of this
-d-1~
----------
on the
Commonwealth
to the statute
for such cases ma.de
the defendant,
by counsel,
of this sentence
is suspended
April
said
the
two hundred
to hard
of six
he is discharged
pursuant
on mot ion of
and provided;
however,/eEecution
that
to t.lJ.is prosecution,
term
until
Court
in
the
sum of
-~-~_u
__... ~~
V. L. Kerue dy before
Term thereof,
to do and
this
receive
��as the
court
without
until
may then
1 oo.ve of Court,
this
by order
charge
and there
and not
and be bound under
is finally
of a competent
direct
court.
disposed
of,
this
or is
to depart
then~e
recognizance
declared
void
��<:...
~
/
r.c
t
I
~
't
hereupon
grounds:
(1)
contrary
. I
;·
If
by his
aside
attorney,
the verdict
Because
evidence
evidence
the verdict
of the
jury
is
tendered
exceptions
of the Jury
is
assigned
instruction
of the admission
on behalf
duly taken
for said
because
of certain
of the Commonwealth
over the objection
being
(4)
the verdict
to sup_oort it
Because
and received
of the accused,
thereto,
the reasons
exceptions.
of error
in a certain
given by the court
at the
instance
of the Commonwealth, which instruction
to by the accused,
accused,
an excessive
pJ.nishment
1
and du.ly excepted
for reasons
(5)
of
on the
to the law and the evidence.
(3)
being
(,..(.
-
Because
(2)
without
I
the accused
moved the Court to set
following
Lr
?~r
1.-t-.
C"
~
/'
1i. ..-•
c-
~
.,,;/
Tirginia,
which action
Because
fine
contrary
was objected
to by the
assigned.
the verdict
and inflicted
to Section
of the Jury imposed
a cruel
and unusual
9 of the Constitution
which motion the Court over-ruled,
the accused
by counsel,
excepted.
to
��In the Name of the Commonwealth
of Virginia:
To the Sheriff of Rockingham
You are hereby commanded
C:,~~·~,
to su1nmo~#~
....
to c1,ppear bef'ore the Ji1.,clgeof' the Ci1'Ci1,it ow·t of' _Rrylcingham
Hoi1,se thereof,
at~oclc,
a. m,., on the .. .
County, Greeting:
17..r..~dc1,y
to testify and the tn1.,th to say in behalf of the Defendant
Coi1,nty, a~ the Court
of .... ;..~~
in the prosecution
'.
19.$.'..~
of the Common-
u,ealth,
plaintiff,
a£a,n~•········•·1<~•····~~······························
.................................................. ·············································•···-·················-················-·········································
who stnncls charge~z ith cuicl indicted for a ~usdcmemu11'.ll.nd this .......................... .,.......shaU not om,it nncler the penalty of £100 . .11.ndhave then
and there this Writ.
}Vfff:ess, ....J,..
.c.·~?.,......., Clerk of our said Conrt, at the Court House, the
:~d.L.,i1
...
..,\{,.,
.
/f}hff;,,of.
....7 :~ ..............
19'!.ia~d,~the~
~=o~w;;;::::
Ne·n,s~Record, Harrisonlmrl,?, Va.
�Ja.n,I4th
!933 by deliverL1~
a t1·ue copy
of the "Ii thin sw1'\lllonto Chas Huffman, E. ·varren
Denton,Bobert
Yorrison,
L.K.Dickerson,Joe
~iller,
~lter
D.:~rrison,~.B.Snith,E.A.Zigler,Stanley
Fige;ett ,H. L. Layrri.an, O. P. Stra, ·n ,Edward I'riddle,
R,S,::::>1yer,Thornas
Smith,Lauernce
Davis,
and
Claud Kennady, each in person.
~xecuted
Deputy
~~/U<-
for
C.R.Fc:.wley,
S.R.v.
~~
'\O
i
~
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�In the Name of the Commonwealth
of Virginia:
To the Sheriff
You are hereby commanded to summon .....
of Rocking
fl'd/ ...c£'.d.
..L7-/·• ....~. ......-£...?J:t'..¢.-t:.....
~ , q Z '11;;;,.?J?iZ
d,;;;~x~;
?~ Zib~;
(/~~~1t~j~~(~~f ~t~<
;~
to a pea before the Judge of the
! 'clock, a. m., on the
i cuit Court of Ro liingham
IJ....
day of.
011nty, at the Court House thereof,
19..;f..
...,~ ..d.. ..'..... ......... ...... ... . ....
...................................
t .......
~~L7••·····
to testify and the truth to say in behal
And this ...... •..✓.l.'. ...,.,-.
Witness
d,y of
I" t L PRfSS
{
7
J. ROBERT
.,nL
HARRISONBURG.
VA
...............................
.
~nd indicted for a ~ misdemeanor.
who stands charg~~~
there this Writ.
f the Com;monwealth against
....................
shall not
SWITZER,
omit 1111derpe·11alt11
of £100.
And have then and
Cink of our said Co rt, at the Court Home, the
1,.£:i,..d in
/;L
.y..
..............
.
jz,"'1tJr:c"i~c/e,k
th, 15~
l
��C!Lnmmnnnttalt~
nf lllirginia
GOVERNOR'S
OFFICE
RICHMOND
y l
r, 1,
u
,1933.
Va.
y,
~ar
onl,u
i. icb.111 11d,
Va.
Va.
c •.l.'
t ...i.
i €
p .Lie.
.
• L.
o·
,.(;t,!
UY
i1·cuit
Court
~c
t si
'o • ,.,·..e
GJ.OU
COliViC
o .. t:1e poa
.l 1
j
COl
J.ll
u ..
Jc111u ry
n:ion 0
·1,
20,.00
rnr,i,ny
at
ge
j;-,il
tion
e
~-C
n
rne·
nd
jud ~e,
om-
o.oo
d· y
Respectfull.r
yours,
A_=.Jr.Jr
..~:,,
. . ~,,
•
Jn
>l'?f
'ffel~•,·. ~-
l.,__
:,.1•lanJ
rO
cr.-ior.
is
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'flOlft.H!!VOi:>
0140MHOI
,
�COMMONWEALTH
GOVERNOR'S.
OF VIRGINIA
OFFICE
~
RICHMOND
Judge
• W. Bertram.,
Harrisonbu
gt
Va.
�,_
_-----,-,----------~
....
---
......
..,_
--
.
...
..
'S
....
�VIRGINIA:
Crfr"fy
o/!lltc/4J)lO)UITl_
,iJi de
(J/)b
ti
.. d""""
i
cuit
Coy
et~ i
court.
eert
• the
f
of t .
ni n t
rr ct
t
J.
1ed to lo er court.
av
t
0
33.
d s persedeas
to
e 18th
_iG
1d
a¥
a·J.d
o
!ll
pl 1nl·
th.
or
e ition
and
tUl"Cl
afor
J
ioh i
rror
a ai.n
ud-1ent
he
· arc_1"
on
t' e
til
f
ckr,y
oj
i
la·-, 1
~
t
t
')'
u '"Y, 1 3"' ~ i
V
th
r
• L.
.
1,y
n
nt
the2
s
and ins
octod,
I
....,.1t.
•
t-
r
t
1
~be
-~ej
said
ct
cir ...
p,
�---__,
�Instruction
The
believe
by
v.
from the evidence
L. Kennedy, and that
No.
Court instructs
that
/
the jury
that
the basement ~~s occupied
the ardent
spirits
if they
or controlled
found therein
wasxmd
the property of V. L. Kennedy, or that he was interested
in the same,
,,11.1 •. ,f
"t.f
betted or participated
in its unlawful possession,
then
r:
they must find him guilty.
�r
Cl
I
!cw
.t. .i:
�Instruction
~
No.
The Court instructs
the jury that if they believe
from the evidence that the basement in which the moonshine liquor
ih this case was found was occupied~
controlled
by v. L. Kennedy.
then the presumption of law is that said liquor was possessed by
said Kennedy, but they are further
instructed
that this presumption
may be overcome by satisfactory
evidence showing that the location
of said liquor in said basement was without the knowledge, connivance
or consent of said Kennedy.
,......
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Infltruction
The Court instructs
believe
beyond every reasnaele
the basement under the store
of the
No• ...A:.__
____
the jury that
doubt that
_
unlews they
the liquor
of the accused
found ih
\vas the property
ccused,
%U he was interested
participated
in its
therein,
unlawful
or that
possession
'
he aided,
abetted,
or
�O"l
\._
�INSTRUCTIO.,.NO.
The Court
as in all
guilty
his
criminal
raises
and puts
instructs
the
cases,
jury
that
the accused's
a presumption
plea
of innocence
guilt
beyond
every
of the witnesses
there
exists
doubt
as to the
reasonable
of the
and the
uilt
of the
jury
accused,
him not guilty.
And the Court
further
that
a re~sonable
doubt
state
after
comparison
is that
and cousiderc.tion
le ves the minds of the
cennot
to a moral
say that
cert,
inty
they
jurors
feel
of the
If,
v,hole case,
in t~e minds of tne
of r...ot
the
therefore,
testimor:y
shown in evidence,
a reasonable
they
should
find
the
jury
tells
of the case
of all
the
a.n abidina
of the
which,
evidence,
in such condition
truth
favor
of proving
doubt.
circumstLnces
case,
in his
on the Commonwealth the burden
upon a consideration
they
in this
that
conviction
charge.
��, fo
sntisfi
I
t•
te
truotio
ury o n conv 1c t t
he
-o •..,...__
c a d they
ust
or
ottenue
1 t, he is -~uil t
from the ovidenoe
l
C
not
or or
ere y
tat
i~nt
uffi
t
l
inn
rob ol.e thnn h
ill
0
enoe,
1c
r ctr
Jury
of r
"'o
ye of t
l oertnin
blc
do
, but
0
•
i~r
8
uro ·bl
ner 1
r:r
th
al
ce
e id·
in th
uilt,
It
doubt.
)uilt
eli
th
to tl
i
onl,
bility
·b
,l.Ot
b.
0
the
e clu ion
�I
�INSTRUCTION NO.
The Court inutructs
v.hole evidence
hypothesis
accused
the jury that
in the case there
consistent
is innocent
if u~on the
is any rational
with the conclusion
that
he cannot be convicted,
the gu.ilt
of the accused
the faots
proved are consistent
they must be inconsistent
and that
is not to be inferred
with his gu.ilt,
with his
innocence.
the
because
but
��WARRANT
STATE OF VIRGINIA,
OF ARREST
CITY OF HARRISONBURG,
TO-WIT:
To Frank L. Dovel, Chief of Police, or any Policeman of said City:
Whereas
7./:....~ ...................................................
has this day made complaint and infor-
mation on oath before me, WARD SWANK, Mayor of said City, that...k..{/~
..
~
=:~~~he~==··o~~
..;;::
~ ~
~
~~- ~ ~ ~-
2""-"~) .............................
r ...............................
/~. -··················
.............................................
.in violation of an ordinance of the said city :
These are therefore in the name of the Commonwealth of Virginia to command you forthwith
?
to
apprehend and bring before me, or some other Justice, the body of the said ..~".':°..'.~.~
~ ...~ .. 1-~.~
..........................................................................................................................................................
.
to answer the said complaint and to be further dealt w.i.thaccording to law.
Given under my hand and seal this ....~.h~
...day
of.......~.-~.~
...;2,.d
..~~~········
................
, 193..2:-:-
.....................
(Seal)
Mayor
�VIRGINIA,
CITY OF HARRISONBURG,
TO-WIT:
This day..... .............
.................. ....................... .. .
......
............................................................................came before
me, \Y./ARD SWANK, Mayor 0f the City of Harrisonburg, Va., and severally and respectfully acknowledged themselves to be indebted to the Commonwealth of Virginia in the sum of $ ....................................to be levied of their respective goods and chattels,
lands and tenements, as co which obligation they waive their Homestead and all ocher exemptions.
YET UPON THIS CONDITION
that if the said ....................................................................................................................... .
shall personally appear before ............................................................on the...
... day of .............................................
, 193 ........, then
and there to answer for and concerning the certain warrant herein sec out and of which he stands charged and shall not depart
therefrom without leave, then this recognizance shall be void otherwise to remain in full force and virtue.
\Vitness the following signatures and seals this ......................................... day of... .................................................................193 .........
(SEAL)
(SEAL)
Taken and acknowledged before me this ....
...day of. ......................................................................., 193 .........
Mayor City of Harrisonburg, Va.
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CERTIFIC E N •
I.!r. Clarke
Liskey,
of the Commonwealth, being
Qr
------
a witness
first
•
introduced
duly sworn,
on behalf
testified
as
follows:
. By D. Vi. Earman,
3-Q, Mr. Liskey,
business
is,
attorney
for the Commonwealth:
v.
you know where
L. Kennedy's
~o you in the City?
reluctant
to answer them.
over in the rear
the basement
idea.
just
Yes, sir,
through
been?
I have an
A Two months ago,
know about
It has been quite
the date.
ago.
Mr. Ott:
I object to that on the ground
that he .has not said he got anythihg
of Mr. v. L. Kennedy.
TH:S COURT:
Mr. Ott:
Just
6-Q
A
part.
I don't
a vhile
no doubt you are
Did you ever get any whiskey
of his basement?
How long has that
5-Q
of
Yes Sir.
I want to ask you a few questions,
4-...
place
in order
state
bjection
overruled.
Exception is noted on the ground
that the evidence of this witness does
not specify that he eot this of 1.rr. V.
L. Kennedy.
to the jury
to get this
:Mr.. Ott:
the procedure
whiskey.
I object
Just
that
you went through
what was the system?
to the whole of that
testimony.
THE COURT: Overruled.
1Tr. Ott:
Just
A
what did you do, in order
I 1,;ent in the
7-"..
i\hat door?
rear
of the
8-Q
A
Exception is noted to the ruling of
the Court on the ground that this evidence
is irrelevant
and immaterirl
to the issue
in this case.
store,
liquor?
door down there.
The b&sement door.
I don't
Did you do anything
Rang the bell.
to get this
know for
before
I guess
it
is in the
sure.
you entered
this
basement?
�•
�9-Q.
llfhere was the bell?
10-Q,
Then you \,ent
the door?
It
little
appears
that
there
this
see anythin~
How did ·ou get
13-~
else
✓ho
was about
I don't
kno
14-C:¥ Just
little
shed,
through
door.
I got what I went in there
after.
there.
Did someone ask you what you wanted?
there,
·who was on the inside?
vho was on the
inside.
remember any more what I
Did you tell
them you
Ott:
Leading
Mr. Ott:
question.
overruled.
Point sLved on the ground
it is le~ding.
that
How die. they know yo.n wanted liq_uor?
16-G.
m n in there
rs
inside
of this
a man or vvoman, how l.ia.
door lmow 1.hat you
18-Q
Asked him for
19-Q,
Then what happened?
20-~
You got your drink,
did you?
21-Q
Where did he put it
up,
plate?
22-Q
A Yes,
though,
a drink?
in that
A
on
I asked him.
sir.
all
.A
the person
that
happened.
Yes sir.
little
door on the iretal
it?
I don't
remember any more what
tgo I have forgotten.
~otso
much,
think.
Don't
you know1;·
\.hether
don't
you remeMber?
nyone Y,ith you?
How often
:know if
sir.
23-Q.
remember of.
mhat's
It has been so long
I don't
anted?
Yes,
A
Whf.t did you pay for
I did pay~
I don't
or rot.
tho ever v,as inside,
17-
door?
did do.
THE COURT: Objection
the
v,hat did you do?
this
happen
it?
]r.
it
Did you close
what did you do when you walked up to that
I don't
15-Q,
i
shed like.
are some auger holes
What did you do?
12-~
the door.
remember.
you got dovm into
I didn't
A
this
I don't
...
After
11--Q
into
Beside
you paid
2
dime,
quarter
or fifty
cents,
No, sir~
A
I don't
v;ere you over there?
think
there
was.
A Never but occe that
I
�I
r""
�26-Q.
Hovv did you know you could
omeone told
27-
me I cold
Fo, long
did yo
Yes,
liquor,
you pushed
pretty
kind
dn't
tell
...a;y it
4
good,
\hat
color
it
lith
to strike
in no way connects
is imrnbterial
was.
you got it,
red liquor,
It
kind
I didn't
evidence
--
does
the
his
is not~
prosecution
his
evidence
is 'dmitted
Jury
to determine
thi8
liquor.
v:hether
m.
The
\.itness
the attorney
•
for
for
the
defend£.nt 's objection,
by counsel,
for
sale
I want to
of this
\ith
of it
sale
but prosecution
or not
the
this
and it
liquor.
deference
i
overruled.
for
circumst8nces,
ccused
possession.
to go to the
kno\1in~ly
possessed
~~
TT:~ Exception
is noted to the ruling
of the Court for re sons above stated.
foregoing
questions
the pla~ ntiff
Commonwealth,
allo\,ed
excepted
for
Teste:
this
propo~nded
upon direct
examination
Court,
the
the re· sons hereinabove
.LJ__day
to Clarke
&.nd,notwithstanding
by the
of
th t?
otion
the
that
"7111 be immate1·i&l
The
under
~as ~ater.
not show that
I s&y that
you overrule
THJ:: C
it
• L. Kenned~,
to you -- and the introduction
I suppose
think
on the ground
defendant,
L. Kennedy ~ith
I
pay any attention.
to the Court,
it
\hite
of dark.
A I don't
out that
from the
T•
¼ci.E
deference
and irrelevant
and irrelevant.
Liskey,
before
\"was it
of the witnesc-,
·,;~s purchased
course,
button
you drank?
T :
from the testimony
it,
a
liquor?
was '.:ater
make a rwtion
It
thbt
there.
;as it?
of liquor
rn.
liquor
round
ninutes.
or moonshine
30-.
a drink
there?
sir.
\,h't
co
fe
ci.
ervice
28-Q
29-
the liquor
have to i.ai t some time?
I v,ai ted
A
after
get
get
/'~
of __ ;~---------
by
the
defendant
given.
1933.
��J
-----
CERTIFIC TEN.
The Comnonwealth havin;
defendant,
by nis
attorney,
rested
moved the Court
the evidence
for the Common;eal th,
insufficient
to su tain
a verdict
of P'Uilty,
to whicr. action
defendant
excepted
introduced
case,
to strike
was the owner or
of
ccupant
out
which motion
of the Court
on the
round that
by the Commonwealth did not shO\' that
·as in the possession
the
bec ...use it was :plainly
the Court overruled,
by counsel
its
• L. Kennedy,
or that
of the premises
the
the evidence
the linuor
• L. ~~ennedy
from which it was
taken.
Teste:
this
II
day of
_12_~
______
Judge.
1 33.
��CERTIFIC TE NO.
IN
RUCTI'N N.
"The Court
believe
from the
2.
instructs
evidence
the jury
that
liquor
or controlled
by V. L. Kennedy solely,
but they
that
said
of said
instructed
the knowledge,
liq
or in said
The foregoing
request
been introduced
ownership
evidence
of the moonshine
introduced
same; th8t
accused;
burden
t.ere
that
to
affirmative
instruction
Teste:
at the
objected
evidence
subject
· nd there
had
of the
bein~ no
of the Court
this
//
of l~
against
the
the
pl&ced u on the accused
not carry,
of the defendant,
which action
ennedy.rr
·nd the defendant
licuor,
the
by the Commonwealth to cantr~dict
ihich he should
the objection
of said
on the
may
w s without
as grhnted
wus no presumption
this
presumption
basement
by the defendant
Kennedy,
showing that
instruction
positive,
the presumption
by said
this
or consent
of the Cornmonwe~th,
on the .E!'I'cundthat
that
evidence
connivance
then
was possessed
be overcome by satisfactory
locction
in VJhich
case was found was occupied
liquor
are further
if they
the b sement
the moonshine
of law is
in this
that
a
but the Court overruled
and granted
the defendant
the instruction
excepted.
t_VU-<_~---'
day of __._f!__.:Pi
.....
_l
/
t!/r,ey;{;ue-~
Judge.
1933.
��C
•
The follo~ ing instructions
granted
of the Commonv:eclth and. of the defend.crit,
as hereinafter
denoted,
are all
were ~rctnted on the trial
respectively,
of the instructions
of this
Tl1is instruction
et the request
th~t
ccse.
w· s grented
at the reauest
of the
ComP1onv,ealth:
Instruction
'The Court
believe
instructs
from the evidence
or con trolled,
solely
by
ardent
fount
there
spirits
Kennedy,
or that
knov,ingly
unl'
the jury
the b sement
•
'ennedy,
u
ion,
they
~~s
occupied
and. that
the
of
• L.
in the same, or
or _pb.rticipc. ted in its
then they must find
instruction
if
in was the pronerty
he 12s interested
·ful posses
thct
that
ided and abetted
his
the
ro. 1
v~ s grtnted
him .Q'Uilty.
~t the request
rr
of
COffiflOm1eal th:
Instruction
"The Court
believe
liquor
controlled
in thiR
the jury
th~t
but they
~aid liquor
are ~urther
be overco~e
case
connivrnce
instructed
in said
This instruction
,·s
1hich the
by said
this
evidence
of said
in
or
then the presumption
thbt
b5.sement
or consent
if' they
~s found ~ae occupied
we s possessed
by satisfactory
liquor
that
the basement
by !. ~. Kennedy solely,
of law is that
of said
instructs
from the evidence
moonshine
No. 2.
presumption
sho ing thrt
1
ae
ennedy,
i tho-it
may
the locttion
the knov,ledge,
ennedy.'"
gr nted
at the request
of the
defendant:
Instruction
The Court
11
believe
beyond every
instructs
recsonable
:ro.
•
~ne jury
doubt
that
that
unless
the liquor
they
found
�--
�in the basement
under
property
of the
accused,
or that
h~ aided,
store
of the accused
or that
abetted,
:poc:.-session, then
Thi
the
he was interested
or participated
they must find
instruction
\,as the
therein,
in its
unlawful
him not guilty.11
was
ranted
at the request
of the defendant:
Instruction
1tThe Court
ces
, as in all
n t guilty
raises
uilt
there
the accused's
a presumption
of innocence
as to the
O
tion
se
exists
re&sonabl
of tte
ilt
of the accused,
reasonable
doubt
comparison
and consideration
they
of the truth
in his
of· proving
therefore,
the testimony
a re'sonable
should
the
find
jury
of the case
do~bt
him not
that
a
,hich,
after
the evidence,
in such condition
that
conviction
leaves
they cbnnot
to a moral
certaint
of the charge."
instruction
be satisfied
fro
chirged
c
Fo.
n convict
t.ct
warrant
in the
thLt
che
mer3ly bill
at the request
c.
the accused
he is guilty
beyond all
d believe
sho
or more pr bable
of probability
but the evidence
ury
the evidence
is not sufficient
only,
was granted
Instruction
1tBefore th
to produce
pleti of
sno n in evidence,
tells
of all
an abiding
of the defendant:
degree
further
jurors
feel
This
probable
in this
If,
case,
they
is th&t state
the minds of the
It
,hole
in the minds of the jury
d the Court
offense
d ubt
:md the circumst~nces
guilty.
say that
jury that
c~ses,
beyond every
itne
the
on the CoI!l.Illom,e·lth the burden
pon a con ider·
f t_e
instructs
criminal
fL.vor and puts
his
No.
ttan
of the
rea
hi~
onbble doubt.
uilt
&ie innocence.
&uthorize
must be of sue~ a character
in the minds of the jury
they must
ro
a conviction,
BnQ tendency
a moral oert&inty
as
of the
��prisoner's
guilt,
to the e:xclusion
This instruction
was granted
the defendant:
the whole evidence
accused
in the case
consistent
ic innocent
the jury
there
he cannot
of the accused
the facts
proved
they must be inconsistent
This
the request
that
if upon
is any rational
that
be convicted,
the
ond that
is not to be inferred
re consi
tent
JI
because
with his guilt,
with his
doubtll
o. D.
ii th the conclusion
the guilt
Teste:
·t
Instruction
The Court instructs
hypothesis
of rea.s:>nable
innocence.
but
11
of
��CE TIFIC~TE
fter
its
verdict,
the jury
and grunt
Because
the verdict
evidence;
to support
evidence
tendered
the objection
the reasons
(3)
assigned
in a certain
.hich
2nd duly excepted
assigned;
(5)
excessive
fine
cor.trary
motion was overruled
verdict
against
in overruling
dul
by the court
taken
for ressons
and unusual
punishment
ir~i~ia,
by the Court an 1 judgment
to which said
and enterin1
saic
of
to by the
imposed an
of
thereto,
Because
of the jury
a cruel
over
at the inst&nce
r,~s objected
9 of the Constitution
motion
of certain
(4)
to by the defendant
the verdict
the defe~dant,
said
bein
exceptions;
given
and inflicted
to Section
ic \ithout
of the rd.mission
instruction
defendant,
ecause
the
to the l~w and the
exceptions
for said
instruction
of the Commonwealth,
~side
of the Commonwe2lth and received
of the defendant,
being
and rendered
grou..-r1ds: {1)
of the jur
ecause
on behalf
to set
is contr~ry
the verdict
it;
Court
n the follow in
of the jury
ecause
(2)
into
moved the Court
a new tri&l
evidence
error
had returned
the defendant
verdict
~a
Vihich
entered
action
judgment
upon said
of the Court
the defendant
excepted.
Teste:
this
//
----~----~---~
_____
Judge.
�/
-
�CERTIFICATE
The following
defendant
respectively,
introduced
on thetrial
evidence,
s hereinafter
of this
case.
NO.
I
on behal.f
of the
Commonwealth and of the
denoted,
is all
the
evidence
that
was
��-2-
T:3:STllvONYFOR THE COMMOl
,[E 1TH.
s.
MR. H.
being first
HARPINE, a witness
introduced
duly sworn, testified
on behalf
of the Commonwealth,
as follows:
By Mr. Earman:
l
What is your name?
A H. S. Harpine.
2-Q
You are a special
policeman,
are you not,
of the City of Harrison-
burg?
A Yes, sir.
3-~
You were acting
in that
capacity
on December 22nd, last
year?
A Yes, sir.
4-Q Mr. Harpine,
search v1arrant,
Market Street
state
searched
for ardent
whether or not you and other
the premises
of the building
officers
armed with a
of V. L. Kennedy on Vest
spirits?
A Yes, sir.
5-Q
rhat officers
A Mr. Morrison,
accompanied you?
Mr. Leake and Mr. Neff.
6-Q What time of day was this
A Eight
7-Q
o'clock
Did you state
search made?
in the evening.
the date when it was?
A It was the 22nd of December.
8-Q
Just
state
to the court and jury what happened--what
A Well, Mr. Leake and I went in Mr. Kennedy's
you found.
store with a search war-
rant.
9-~
Up stairs?
A Yes, sir,
in the store.
Mr. Leake, he goes in through
Mr. Figgatt's
and we told
in the store
10-"'
basement.
-'le
1:r. Figgatt's
I think
store
went in Mr. Kennedy's
him we had a search
and he ordered
Mr. Neff,
v,arrant to search
he went to the back door,
to enter
tore,
the basement through
r. Morrison and I,
his place,
and I went on back
me to stop.
Who did?
A Mr. Kennedy did.
He said not to search
until
he read the warrant.
��-3-
Mr. Kennedy and his
rison,
boy Claude h.ennedy, ·ms in the store
he stood at the front
of the store
Claude Kennedy went over to Figgatt's
Leake stopped
11
store
him and told
ent on to search-
and he ran into Mr. Leake and
Glaude Kennedy left
then I went out the back down to the
Mr. Neff was there
basement,
basement,
and he came down and unlocked the basement.
and I walked over to the potato
four of them full
bin,
and found five
and one of them about half
13-Q You found these
half
the
was found in the way of liquor?
back and said to Nr. Kennedy, I asked him to open the
right,
r.
know where?
and he said to get the key to get the key to unlock the basement,
all
ol'-
Yes, sir.
What, if anything,
A
and we
wa rant was being read,
room and went somewhere, you don't
12-
r.
him--
While the search
A
so
and I went on to the back, and
Claude Kennedy v;alked out and so we read the warrant
ing.
together,
four half-gallon
and I went
and he said
iie v,ent on in to search
fruit
jars,
one of them--
full.
fruit
jars
full
and one about
full?
A Yes, sir.
14-Q
Nine quarts?
A Yes, sir.
15-Q
I think
it was nine quarts.
Do you have the liquor
here that
was foundthere?
A Yes, sir.
16-Q
It
~~s
liquor,
A It smelled
17-Q
was it?
like
whiskey to me.
fuat kind of liquor--I
mean did it appear to be moonshine
liquor?
A Yes, sir.
18-Q
It did not appear
A It appeared
19-Q You say
A Yes, sir,
20-~
to be liquor
ac uired
before the State
~ent dry?
to be moonshine.
ennedy had the keys to this
he went down and unlocked
That is the door--which
There was a little
door
building?
the door for me.
as thati
shed over the place
where you v,ent into the
��-4-
basement.
The outside
it padlocked
door was not locked,
on the out side and a bar across
That is the door at the foot
21-Q
this
was the
inside
the door on the
of the steps?
Just
door.
He had
inside.
describe
that
to
the jury.
There is a little
outside,
and at the foot
room closed
of the steps
in over the steps
another
door goes into the basement,
v1ith a ho le cut in the door and a kind of a little
across
there
for a shelf,
about the heighth
right
and some small holes
of a man's head.
hove the door outside
plate
of iron
in that
bored in the door above this
~here is a light
on the cellar
with a door on the
right
in the door frame,
steps.
Right at the top of the door?
22-Q
A Right on the door frame on the outside
23-Q How many of these
A Two or three,
24-Q
of the door.
auger holes were in there?
I don't
just
recollect.
Where were they with reference
to this
hole?
A Right above it.
Vfuat else was found?
25-Q
A There was a push botton
call
bell to the store
that
rang the same bell.
26-Q
Nhat else,
27-Q
'/ell,
on the outside
of the building
and a push botton about midway of the store
if anything,
which was a
on a post
was found in the basement besides
the li-
quor?
whiskey.
cases
there
were a good many potatoes
The whiskey was sitting
of empty bottles
gallon
in there,
in the bin where I found this
on top of the potatoes.
beer bottles.
Inside
'£here
,ere several
the door there
was a half
jar with water in it and a small glass.
28-Q
Any fruit
A Yes, sir,
et like,
built
29-Q
jars
about the place?
a good many fruit
on the back porch in a little
on the back porch.
How many would you tell
A I judge probably
30-Q
jars
Any evidence
the
jury were there?
as many as a hundred and fifty
of these
jars
~round there.
having at one time cont ined liquor?
clos-
��-5-
A Yes, we drained
nearly
a half
31- Q That had been over there
a pint
before
out of some.
the search?
MR. OT!': I object to what was done before.
asked what was--
He
THE COURT: I understood him to say that these
jars--was this drained out of the jars you
found there at this time?
A Yes, sir.
THE COURT: Objection
A I found several
jars
the last
overruled.
time--
MR. OTT: I object
to that
statement.
A When we found the liquor-THE COURT, fuat did you observe?
A They all
32-Q
had whiskey that
Did r r. Kennedy make his home where his store
A No, sir,
33-
I examined.
I think
You just
Mr. Kennedy lives
found--who
was 1::1.t
that
up the street
stays about his place,
a little
time?
further.
what help as he or did
he have at th<1.t time?
A No one but him and his boy that
night.
I don't
know whether he
has any help or not.
34-Q
·vhat size
foll,
the store,
it
I don't
is that
basement,
what is down there?
is not such a large
b sement.
It
don't
cover quite
half
think.
35-..;i The basement is in the rear
of the building'l
A Yes, sir.
36-Q
What kind of a floor?
A I think
Cross Examination
it hl:i.s a cement floor.
by Mr. Ott:
1-XQ Mr. Harpine,
you said something about fruit
jars.
MR. EARMAN: Pardon me, there is one more quest ion.
Vhat, if anything did you find on
the steps leading down to this basement?
MR. OTT: 'Vhich steps
MR.
~
\N:
In the
are you talking
about?
rear of the building.
��-6-
The steps
leading
down to -i;he basement?
MR. EARMAN: What, if anything
thrown on the steps.
I don't
recall
anything,
~id you see
r. Earman, on the steps
there.
I just want to refresh your memory--any cigarette
stubs, or anything of
that sort?
MR.EARMAN:
A I didn't
pay much attention.
2-XQ If I understand
you correctly,
and the basement thereunder
you searched
on Thursday
night,
r. !\.ennedy's store
December 22nd?
Yes, sir.
A
3-X.Q About 8:30 o'clock,
Yes, sir,
A
4-X
it was around eight
Now, you have said
you have referred
or eight
something about
thirty.
fruit
jars.
These fruit
to were in a ware room on the back porch,
jars
were they not?
A Yes, sir.
5-XQ They were the usual
fruit
jars
weren't
A
I can't
the ordinary
in, weren't
of something
A
half
gallon
jars
that
people
put up
Yes, sir.
did you examine there
A I guess I drained
8-X
of
they?
7-XQ You speak about getting
How many jars
well known brands
say about the brand.
and can fuits
A
ason and other
they?
6-XQ They were just
preserves
brands,
iell,
that
from some of these
night?
in some of these
jars
you got out a few drops
to be li uor or moonshine or something
I drained
that
jar~
out about a dozen.
you mean that
you took
the odor of liquor
much out in a pint
9-XQ That much out of them all
like
that?
bottle.
together?
Yes, sir.
lO-XQ In other
words you had quite
a
small quantity
out of about a dozen
jars?
A
ll-XQ
A
Yes, sir.
Not a gill,
Inch,
hardly,
that
or inch and a half
you got out of about a dozen jars?
in a
pint
bottle.
��-7-
12-XQ That was the sum total
of what you drained
Yes, sir.
A
13-XQ Now, did you take the trouble
No, sir,
A
Probably
A
a quantity
jars?
there,
of fruit
jars,
were they not?
a hundred and fifty.
15-XQ There were some in cartons
place,
to examine any other
I did not.
14-XQ There was quite
in that
from twelve jars?
and there
were others
that
were stacked
up one on the other
down loose?
A Yes, sir.
16-XQ Isn't
that
so2
A There were: a lot of them in sacks.
17-XQ Do you remember whether they were all
A No, sir,
or all
half gallons?
I don't.
18-XQ So, out of each and every jar,
thought
quarts
you did not get much of what you
w··s liquor?
A No, sir.
19-XQ And you couldn't
tell
the jury absolutely
that
that
ra.s liquor
was like
liquor
could you?
A Only by the smell,
that
is all.
20-XQ It might have been some other
looked like
something that
or
li uor to youZ
A Could have been.
21-X
You say you made this
raid on the 22nd of December?
A Yes, sir.
22-XQ
Vhen you
A Yes, sir,
ent back for the key you got the key from Mr. Kennedy!
he went right
23-XQ There was no hesitation
down and opened the basement.
or reluctance
about him giving
it to you'l
A No, sir.
24-XQ And after
officer
you had ,r. Robert
of the City of Harrisonburg,
vhich gave you the right
Yes, sir.
to rt::ad to
to make the search,
search any ·here you pleased,
didn't
orrison,
he?
who was with you, and an
r. Kennedy the search warrant
he told
you to go right
ahead and
��-8-
25-XQ Didn't
he say that?
A Yes, sir.
MR. EARMAN:Was Mr. Logan with you?
A No, sir.
MR. CLARENCE
LEAKE,a ~itness
being first
By
duly sworn, testified
introduced
on behalf
of the Commonwealth,
as follows:
Mr. Barman:
1-Q You are a special
officer
for the City of Harrisonburg?
A Yes, sir.
2-Q And were on December 22nd of last
year?
A Yes, sir.
3-
You were one of the officers,
here on 1est
arket
Street
for liquor
I believe,
on that
that
searched
the premises
day?
A Yes, sir.
4
~
Just what part
,~ /ell,
there
li
to tell
did you play in it,
vvhat did you have to do ;ith it?
I taken Figgatt 's side to go down in the basement.
Mr. Figgatt
I went in
I wanted to go down on his side in case there
was any
uor being moved away, so I could stop it.
5
Kennedy's Store
is immediately
west of
r. Figgatt's
Grocery Store?
A Yes, sir.
6
gatt's
nd there
is ab
sement under Kennedy's Store and also under Fig-
Store?
Yes, sir.
7-'
There is a passageway between the t
10
basements?
Yes, sir.
8
And you entered
Figgatt'
s basement and went where?
A You have to go down from Figgatt's
nedy' e side.
comes
r.
So I goes down in there
and waits there
a few minutes,
ennedy and opens the door and reached up his hand to lift
off and I took it off because I was standing
9-Q What Kennedy was that?
A
si e to get over into
r. Kennedy.
there.
r. Kenand down
the bar
��-9-
There was a board setting
half gallon
of water,
there,
I guess it was that,
and a whiskey glass
about that
he walks in and sets the water and the glass
10-Q
Who did thatZ
A
Mr. Kennedy.
whiskey glass,
over to
he sets
r. Figgatt's
go
Sets the half
on a little
big.
box, and a
(Indicating).
behind the board
gallon
jar with water in it and the
it down behind the board beside the wall.
side then,
over there,
and I comes on around.
and he starts
over there
and he says "That's
right"
·•mile I was in Mr. Figgatt's
he comes running through there
I wanted to be the first
And
I goes on
and I says you can't
and he locks the door
side this
and he sees me and I told
1.,1aude Kennedy
him to wait a minute,
one to go down in the basement, and it looks like
it
taken bis breath.
MR. OTT: I object to that stcttement.
It is
depicting what it looks like.
.l.hat is of
no evidential
value.
THE COURT: Overruled.
He came running around there
to
r. Figgatt's
the basement,
store
then,
and his father
came down.
a few minutes ahead of the other
so after
they went across
to the other
I tried
to go in-
boys in order to get in
side,
that
is when this
boy
came running over.
ll-Q
V. L. Kennedy entered the building
from the rear?
A Yes, sir.
12-Q He had the key and unlocked that
A Him and Mr. Neff was out there
13-Q How was that
that
and he was the first
one in the door.
door fastened?
A There was a bar right
hole for to lift
door?
bar up.
a.cross the top.
You had to reach t,1rough a
That was on the inside.
It was locked on the out-
side.
14~~ Padlocked
on the outside
and barred on the inside?
A Yes, sir.
15-Q Just
there
inthe
describe
to the jury something about the electric
equipment
basement.
A The lights
over in the basement are on a switch
from
r. Figgatt'
s
��-10-
side,
and a light
ri~ht
on the outside
built
over the place and a light
about middle way and a little
there
to serve drinks
the other
door at the right
a be 11 inside
.
d/oframe
up in the
iron plate
over and a bell
There is a little
of the door.
stuck
and a bola
in there
on the outside
like
L"l tha
shed
door
it was put in
of this
shed right
thi:1.t comes down the basement steps,
up at
and that
rings
how was it fastenedl
Do
the store.
16-Q How about the outside
door to this
shed,
you remember ab out it?
I don't
remember about the
outside
door.
I think
it has a hook on i •
Hook it from the inside?
- 17-Q
Yes, sir.
A
Any other
18-Q
lights
in the ba::3ement except
the one over the door,
or
do you remember?
·-A I ~ hink there
I
s one or two lights
on his side.
Two, I think,
on
his side.
I mean in this
19-Q
little
shed?
No.
A
No Cross-Exa.min tion.
II
MR. B.
first
s.
NEFF, a witness
duly sworn, testified
introduced
on behalf
of the Commonwealth, being
as follows:
By Mr. Earman:
What are your initials,
1-Q
Mr. Neff?
B. S. Neff.
You a. re an officer
2
of the Gity of Harrisonburg?
Yes, sir.
A
3- Q
That do you know about finding
of Kennedy's,
some liquor
over here in the basement
under his store?
A Well, Mr. Leake got me one evening about seven o'clock
to be at a certain
place,
and Mr. Harpine
and Mr. Morrison went in.
went on ahead of us, he was going in Figgatt's
rison
mrnt
Harpine
in through
and told
side.
Mr. Harpine
Kennedy's and I went to the back.
me
r. Leake
nd Mr. Mor-
The only thing
I saw,
had come out the back and asked Kennedy for the key, and Kennedy brought
��II
-11-
the key to unlock it,
and Leake was in the basement when ie got down there.
Kennedy went to reach up there
door, and an iron plate--he
through
reache
for him and it seemed to surprise
in and started
to searching,
hci.d some potatoes
in it,
Found the
A Yes, sir,
the rest
little
hole--a
up to open this
him.
b r
s a-1 hole
and directly
Harpine
in the
nd Leake taken it off
Leake was down in there
and ve went on
,ilent towards the bin that
and he said "Here it is",
per carton•-a.pasteboard
4-Q
this
and found it there
in a pa-
carton.
liquor
in the paper carton?
those
jars.
I think
one of them was about half
full
and
was full.
5
About how long did it appear that
this
shed had been built
over this
place?
A
6-~
A
with
Oh, I don't
Just
knot,
describe
ma be six or eight
to the jury this
It has got a
hole,
heighth
or something
aybe a little
longer.
door down at the foot of the steps.
I imagine four and a half
hole cut in the door there
set drinks
months.
and a little
on, and above that
foot up from the floor
iron plai;e there
there
that
is one hole just
you might
about the
of a man's head.
7-Q · 1hat kind of a hole?
A About that
big around
(indicating).
outside
door fastened?
How was this
8
An auger hole.
Couldn't
they lock or hook it?
A There was no lock on it.
9-Q
~as thera
I don't
10
a hook on the inside?
remember whether there
What, if anything,
A The re was
and cig r stups and dirt
11-Q Did you see any push buttons
be a foot from the floor,
12-~
at all.
there,
something
If you push the button,
Inside
the store,
hook on the inside
or not.
did you observe throVJn on the steps?
lot of natches
A One on the outside
was
I don't
to the entry
right
likdthat.
outside
ofthis
of that
in there.
building?
little
building,
may-
Maybe not th t far.
whera did the bell
know where.
ring?
I didn't
see the bell
inside
��-12-
Cross Examin tion
by Mr. Ott:
1-X.Q You were
t the rear
of the store
room, you didn't
go in the front
door?
A No, sir.
2-XQ You were there
saw Mr. Harpine dis~over
five
at the re r.
the six jars,
You did come upstairs
I believe
then after
you said six,
you
which ,,as it,
or six?
A
Six,
the way I counted.
Five full
3-XQ Did you bring it up after
ones and one about half
r. Harpine had discovered
it?
full.
What did
you do with it?
A
Brought it up through
the store.
4-XQ You and he together?
A
Yes, sir.
5-XQ Isn't
it true
that
time Mr. V. L. Kennedy denied having any-
at that
thing to do vith it?
A
Yes, sir,
he did.
6-XQ Did Mr. Kennedy make any objections
to your searching
the building
at all?
I never taken the warrant
in there.
MR. EARMAN: What statements,
if any, did V. L.
Kennedy make hen the liquor was found, when
you took it upstairs.
What statement did he
make then, that is, if you recall?
A Well, he denied
the boy
nd told
it,
he said it wasn't
the boy to tell
them whose the liquor
• E_
The boy stood there
his and he turned
a while,
N:
around to
was •
That was Glaude?
he didn't
say right
a:va , and directly
he said it was his.
MR. E ·
N: I/hat, if anything, did he say about
occupying or leasing the premises?
I don't
anything
about that.
remember what he said about that.
I didn't
hear him say
��-13-
MR. H. S. HARPINE recalled.
By Mr. Earman:
1-Q Mr. Harpine,
liquor
that
gallon
jars,td
is the
was found
over there
one about
A Yes, sir,
liquor
half
on the
ouly
sworn,
in a pasteboard
testified
occasion
here
on the table
you made the
raid,
the
same
five
half-
full?
MR. JOHN LOGAN, a witness
first
on exhibition
carton.
introduced
on behalf
of the Common1ealth,
being
as follows:
By Mr. H:arma.n:
1-Q
A
2-~
Mr. Logan,
when th is search
was made?
No, sir.
How long have you been on the
A Twenty-t
3-Q
you were not pre sent
o years
this
police
force?
coming April.
Have you had much experience
with
prohibition
cases?
S:ome.
4-Q
Can you tell
A Tell
5-Q
A
6-Q
other
that
better
iill
It
it
moonshine
by the
you kindly
smells
like
whiskey
smell.
examine that
a great
you to
say it
you didn't
ex mine,
that
of it
and state
deal
I understand
look at all
when you see it?
and just
of it.
state
do you know in whose custody
s· w in the
what it
this
what it
is?
jar).
i;he same as the
( itness
examines
all the same.)
r. Logan,
jury
(Examining
is about
you just
to the
jars
rest
of it.
The
thare,
maybe you
and states
it is
ia.
other
liquor
jars
has been since
it
was
seized2
A
7-Q
It
was taken
He keeps
over
being
first
in his
VAN PELT, a witness
duly
Chief.
it where?
A He bas a locker
MR. C.R.
to the
sworn,
testified
office.
introduced
as follows:
on behalf
of the
Commonwealth,
�'
�II
-14-
By Mr. Earman:
1-
You are
r. C.R.
Van Pelt?
A Yes, sir.
2-Q
Where do you live?
A I live about ten miles west,
3-
out towards Clover Hill.
at is your business?
A Electrician.
4-Q By whom are you employed?
A Harrisonburg
5-Q ,fare
Electric
Supply Company.
you employed by them some three
months ago?
A Yes, sir.
6stalled
Just
st te to the jury what electric
in V. L. Kennedy's
equipment,
basement som~time last
if any, you in-
fall.
I installed-7-Q I will
ask you first
A I don't
couldn't
if you remember when it was that
remember exactly,
somewhere around three
you did this?
months ago.
I
say for sure.
8-Q
fuo ha.d the work done?
A Mr. Cooley sent me there,
9
Who told
Mr. T. R. Cooley.
you what w s to be done1
A Mr. V. L. Kennedy.
10-Q What work did he order done'Z
A He ordered two lights
outside
entrance
and the s,itch
on the inside
at the inside
of the basement and one in the
entrance
to his part
of the base-
ment.
ll-Q
There were two bulbs in the basement proper?
A Yes, sir.
l2
One bulb where else?
A In the outside
entrance
right
over the lower door.
13-Q By the door frame1
Yes, sir,
on the outside
14-Q The lower door, of course,
there,
the lom,r door.
is the door at the foot of the steps?
�'--
�-15-
A At the foot of the steps.
15-Q Was there
where you put this
a hole at that
time,
or did you notice,
in this
door
light?
A I never noticed
in particular.
The door w~s open all
the time I
was v10rking.
1Vhatw s the object
16-~
of putting
up a light
at this
MR. OTT. I object to that.
an opinion, not a fact.
place?
It is calling
for
THE COURT: He can ask him what would be the effect of it.
17-Q What would be the effect
A It would light
Is it
18-Q
of it?
the steps.
customary to put a light
at such places?
MR. OTT: Object ion.
TH~ COURT: Objection
sustained.
Vhere v,as the switch?
19-Q
A The switch was at tho door leading
ment over into
20-Q
r. Kennedy's.
Figgatt's
from the other part
of the base-
part of the basement.
At the passageway between the two basements?
A Yes, sir.
1{as there
21-ol
anything
A Two buttons
22-Q
Where
else that
you installed?
and a bell.
ere they?
A The bell was L~ the rear of the store
button;
one button was at the outside
entrance,
and one was about the center
23-Q How high up on this
S,o you could reach
24-Q
stairs
entrance
Could it
to the basement,
of the store
by either
outside
the
on a post.
post was the push button?
it handy.
be reached upstairs?
part to his store
and was operdted
room there.
I put it according
I mean there
Could one reach it
to my own idea..
is a kind of an upfrom upstairs
without
lying dovm?
A I would not see how.
25-~
Pushing either
of tha st ore room?
one of these
buttons
would ring the bell
in the rear
��-16-
26
You don't
know who paid for having this
A No, sir,
27-~
es and all
I don't
Did Mr.
thin
know.
ennedy tell
sort
work done, ordo you?
you vhere to put these
push buttons
and switch-
of thing?
A Yes, sir.
28-Q
Did his son Claude take any part
A I don't
29-Q
install~tion
remember of seeing
not as far as I know.
1'/as there
ennedy's
to do with the
equipment except V. L. Kennedy?
A No, sir,
under
him.
Did anyone, so far as you remember, have anything
of that
30-Q
in it?
any way to get from the st ore room down in the baseu1ent
store?
Yes, sir.
31-Q Just describe
and wanted
that
to the jury,please.
to go to the basement,
He had a door that
If Kennedy ~ere in his store
how would he get there?
led th rough to Figg tt' s place,
that
is the way
to go down.
32
One staircase
leading
down, as I understand
you, between the two
basements.
A Yes, sir,
a door enters
the other
side from Figgatt's
store.
That
is the way I went dovm, anyway.
33-Q That is the only way to go down?
A Yes, sir,
34-Q
store
from inside
Is the same stair
have a separ ts stair
A I don't
35-Q
the store.
That is the way I went down.
case used by both Figgatt
and Kennedy or does each
case or do you know about that?
know for sure.
It
looked th t ,,ay to me.
Do ou happen to know, or not,
that
both store
rooms are owned by the
same person?
A No, sir.
Cross~xaminat
ion by fr. Ott:
1-XQ If I understand
tric
Company.?
Yes, sir.
you, you are an employee of the Harrisonburg
Elec-
��-17-
2-XQ And some three
Kennedy's
store
ont s
go, or ma.Jbe a lit
here on 11est .:arket Street
and for a bell.
It is true,
which is over Mr.
and tne other
there?
stores
and installed
at the same time,
Kennedy's residence,
le more, you went down to
that
eilly's
some wires for lights
you did some wor
store
on ,est
t
~r.
11arket Street
A Yes, sir.
3-X~
Now, if I underst
nd you correctly,
A
Two on the inside
and one outside
you put two lights
in the base-
ment?
4-XQ
nd one outside
you s~id about the
the door.
bells.
of this
Now, I don't
Did you install
door.
know th3.t I clearly
more than
get what
one bell?
· A One be 11 at the store.
5-XQ You spoke about push buttons.
How many did you have?
A Two at the store.
6-XQ vv'hare were these?
A One at the center
of the store
7-XQ You said you had another
room.
She was sick,
was she not,
A He had a button
8-X
bell.
room· and one at the back entrance.
That happened to be in
and he had one put in there
put on the same bell that
rs.
iennedy's
for her?
was there.
So she could ring him if she needed anything?
A
Yes, sir.
9-XQ Now r. Van Pelt,
was any secrecy
observed
I want you to tell
by you at all
done, or whether he did that
A I didn't
10-XQ He didn't
A
jury
.vhether or not there
about Mr. Kennedy in having this
rork
open and aboveboard.
see he had any secrecy
tell
this
you not to tell
at all.
anybody about it?
No, sir.
MR. E,illMAl: Did you ever install
any such s stem as that in any other basement?
MR. OTI':
I object
to that.
THE COURT: Objection
sust
ined.
��-18-
PITI'INGTOi.~, a witness
being
B
first
duly
sworn,
testified
Mr. Pittington,
just
int rod ced on behalf
of the
Commonvrnalth,
as follows:
Mr. Ear~
1-Q
tric
equipment
at r..r.
over
Kennedy's
The only thing
A
nedy wanted
and he just
side
door,
of his
state
some lights
basement.
Did you see
sent
to me tha.t
in the
wh t you know about
jury
·r. Cooley
I Know,
explained
to the
basement
see what
a push
on a switch
elec-
it?
e down to
he wanted
this
:r. Ken-
butt on on the
and also
out -
a push
botton
an Pelt'
s tes-
u st·irs.
2-"
tiuony,
Mr. V. L. Kennedy
did you,
or not·.
Yes,
3-~
other
sir.
man did the
2-X
do it
b
Yes,
secretely
ffi.
first
and cidn't
that's
man who tole
Ivir.
you what he wanted?
me he ,1anted
want to go down in the
thctt
basement,
work done.
and the
right.
.r.
Ott:
to J,ir. Kennedy at allabout
the
work?
sir.
Did he tell
A
being
sir,
Did you talk
A
You heard
work?
Jxamination
1-XQ
the
you?
was V. L. Kennedy '1",hotold
You bad a cold
Yes,
Cross
Is that
It
w.ho
one/told
is the
you not to "tell
or anything
of that
anybod,
about
it,
tb1:2.t he wanted
ou to
kind?
No, sir.
CLARKE LI KEY, a v:itness
duly
sworn,
testified
introduced
as follo\
on behalf
of the
Commonwealth,
s:
By fur. Earman:
1-Q You are Ir.
Yes,
2-~
east
you,
in the
You are
a son of
Yes,
sir.
·r.
Liskey,
city?
Yes,
Liskey?
sir.
of Harrisonburg
3-~
Cl~rke
sir.
near
1r. T• A. Liskey
Cedar
and
live
some two or three
miles
place
is,
Grove?
you know where V. L. Kennedy's
of business
do
��-19-
4
I want to ask you a fei
s er them.
Did you ever
A Yes,
5-Q
sir,
through
How long
has that
Two months
It
has
get
been quite
ago,
questions,
any whiskey
the
no doubt
over
basement
rear
reluctant
of his
to an-
basement?
part.
been?
I have an idea.
a while
in the
you are
I don't
just
know about
the
date.
ago.
MR. OTT: I object to that on the ground that he has
not said he got anything
of 1r. V. L. Kennedy.
Tl£ COURT: Object ion
overruled.
MR. OTT: Exception
is noted on the ground that the
evidence
of this witness
does not specify
that
he got this of r. V. L. Kennedy.
6
Just
to get thiG
st""te
to the
whiskey.
Just
jury
the
procedura
what was the
;R.
O'IT:
that
you went through
in order
system?
I object
to
the whole
of that
testimony.
THE COURT: Overruled.
M.lt. OTT: Exception
is noted to the ruling
of the
court on the ground th t this evidence
is inl!leva t and immaterial
to the issue in this case.
Just
what
did you do,
A
I went
7-Q
/hat
to get
door
down there.
in the
the
liquor?
door?
The basement
know for
in order
door.
I guess
it
is in the
rear
of the
store,
I don't
sure.
8-Q
Did you do anything
A Rang the
9-Q
Beside
the
I don't
11-Q
fter
pecirs that
there
A
12-Q
A
basement?
be 11?
into
thio
little
shed
like.
Did you close
thedoor'l
remember.
you got
are
I didn't
down into
some auger
sea anything
this
holes
little
through
happen
there.
Vhat did you doZ
I got
this
door.
1O-Q Then you went
A
you enterad
bell.
iJhere was the
A
before
what I went
in there
after.
shed,
this
what did you do?
door.
It
ap-
��Hor did you get it?
13
else was about t ere,
A
14-~
A
15
who as on the
I don't
Just
.IJid someone ask you .-,hat you ,vanted'l
inside?
now who t1us on the
inside.
what did you do when you walked up to that
I don't
who
door?
remen ber any more what I did do.
Did you tell
them you-MR. arT:
Leading question.
THE COURT: Objection
overruled.
MR. arT: Points
ved on the ground that
it is leading.
16-Q
How did they know you wanted liquor?
A I don't
17-~
inside
know if it•Jas a man in there
,Jhoever w s inside,
of this
or not.
a man or woman, how did the person
on the
door know ,hat you wanted?
A I asked him.
18-
Asked him for a drink?
A Yes, sir.
19-Q
Then ,,bat happened?
That's
al
that
happened.
2O-Q You got your drink,
did you?
A Yes, sir.
21-~
Where did he put it up,
in that
little
door on the metal plate
A Yes, sir.
22-Q
,i/hat did you pay for it?
A I don't
I h ve forgotten.
23-,;
don't
remember any morewhat I did pay.
Not so much, thougn,
Don't you know whether you
I don't
think.
paid
dime, quarter
you remember?
A No, sir.
24-Q
Anyone with you?
I don't
25-Q
think
How often
there
as.
were you over there,
A i~ever but once that
It has bedn so long ago
I remember of.
or fifty
cents,
��-21-
26
How did you know you coul
get the liquor
there?
A Someone told me I could get a drink around there.
27-Q How long after
you pushed that
button
before
you got it,
did you
have to wait some time?
I waited a few minutes.
A
Service
28-Q
good, w sit?
Yes, sir.
A
29-Q
moonshine
pretty
Vhat kind of liquor
was it,
was it red liquor,
white lio_uor,
or
liquor?
A It was kind of dark.
I couldn't
tell
whatcolor
it was.
I didn't
pay any attention.
3O-Q
aybe it uas water you drank?
I don't
think
it was water.
MR. OTT: -rwith deference
out that
evidence
does not show that
on th
ground that
court,
h,.i.-
I want to make a motion to strike
from the testimony
th is 1 iquor was purchased
and it in no way connects
immaterial
to.the
from the defendant,
V. L. Kennedy with the sale
of this
it
V. L. Kennedy,
liquor.
It
is
,.-1
and irreVB--lEmt--1 say that
with deference
of it \"lill be immaterial
and irre~-&nt.
introduction
of the witness,
,U,-v t~ •
of course,
I
to you--and
the
I suppose you overrule
that?
THE COURT: The motion is overruled.
This
evidence
is not a prosecution
is admitted,
for sale
but prosecution
under the circumstances,
whether or not the accused
knowingly possessed
for possession.
to go to the jury to determine
this
liquor •
• OTT: An exception is noted to the ruling
court, for the re· sons above stated.
MR. H. S. HARPINErecalled.
Re-Direct Examin tion
i3y 1\!lr. .t!.arman:
1-Q
hen you seized
r. Neff carried
2 -Q
A
this
liquor
over at Kennedy's,
it up in the store.
llhere was it taken to?
v✓e
ta en it over to Chief's
office.
This
of the
what did you do with i ?
�,-
�-22-
3-Q
A
F. L. Dovel?
Yes,
sir.
4-Q The same day it
It
found
it
was turned
at night.
1as seized?
over the
We took
it
next
morning.
over next
The chief
wasn't
there.
We
monning when he came in.
No Cross-examination.
MR. F. L.
in6 first
dul
DOVEL, a witness
introduced
sworn,
as follows:
testified
on behalf
of the
Commom:ealth,
be-
By Mr. Earman:
1-Q
A
Yes,
you by H·rpine
iby,
it
4-Q Early
Yes,
of the
City
of Harrisonburg?
whiskey--there
that
,as some whiskey
was seized
over
here
at
turned
over to
ennedy's?
sir.
,fuen did
A
was this
and others
Yes,
3-~
of Police
sir.
r. Dovel,
2-~
A
F. L. Dovel, Chief
You are
come into
it
,as turned
the next
your possession?
over to me in the
morning
after
it
orning
v.as alleged
early.
to have been found2
sir.
What did you do w it h it ?
5
A
I placed
in my office
it
there
down on a little
in a little
shelf
cabinet
all
by itself.
I had built,
The lower
and carry
the
shelf
key to
it
my-
self.
6
Does anyone
else
have the
key to
it?
No, sir.
7-"1, Has it
Yes,
put
right
8-~
At the
trial
it
cabinet
was taken
from that
out at the
time
call
until
trial,
today?
and after
that
it
was
place.
before
ayor
Swank?
sir.
Mr. Dovel,
Yes,s
10-~
sir,
back in thesame
Yes,
9-Q
been in the
do you know V. L. Kennedy?
ir.
Do you know his
gen ral
reputation
here
in the
City
of Harrisonburg
�I
�-23-
for violating
the prohibition
Yes, sir,
law and if so, is it good or bad?
I know it.
Whc:l.tis it?
11-Q
It has been bad for the past
four months.
No cross-examination.
MR. JOHN LOGN recalled
a-direct
examination
By !vlr. ~arman:
1-~
A
a-~
You know V. L. Kennedy do you not,
Yes, sir.
How long have you known him?
long time.
A
3-~
violating
~r. Logan?
Do you know his general
the prohibition
reputation
in the City of H rrisonburg
for
law?
A Yes, sir.
4-~
iJbat is it,
good or bad?
A Bad, for the last
four or five
months.
No cross-examination.
MR. H. S. HARPINErecalled.
Re-re-direct
examination
B
Mr.
:2:a~:
l
risonburg
Do you know V. L. Kennedy's
for violating
the prohibition
It has been bad since
months that I know of.
No cross examination.
The Commonwealth rests.
general
re put at ion in the vity
of Har-
law, and if so, is it good or bad?
I have been working on the force,
the last
two
��-24-
t the
conclusion
of the
moved to striirn
it
dict
which moti:m the
of guilty,
the
defendant
by the
out,
evidence
by counsel
Commonwealt'
Kennedy,
i1;
excepted
did not
the
Common,1ealth,
was plainly
Court
vas the
to
defendant
sustc1.in aver-
to which action
ground
the
the
insufficient
overruled,
on the
show that
V. L. Kennedy
or that
fro.!Il which
because
for
that
liquor
the
evidence
was in the
owner or the
of the
introduced
possession
occupant
Court
of the
of V. L.
premises
it was taken.
TESTIMONYFOR THE DEF.:i:HD
1.Nl'.
MR. CHARL~SHU~~1 N, a witness
ter
bein 6 first
duly
introduced
sv10rn, testified
on behalf
of the
defendant,
af-
as follo'ls:
By Mr. Ott:
1.-r
You are Mr. Charles
Yes,
2-~
north
'fu<1t is your
A
You are
A Yes,
5-Q
a contractor
the
fellow
of ·,r.
or not,
Kennedy's
sometime
store
put
Judge
r.
ennedy' s store
Paul?"
enough.
in February,
here?
the
were talking
11
•
"ifuat
a week after
store",
th is.
about
nd he said
"This
that
and 1r.--
"Why don't
is a mes& here".
I said,
Paul
"I underst·
11
I will
at
it
go in to all
you do
"He ·.vants a pair
1 met Judge
and looked
did you find?"
THE COURT: Don't
no work,
he said
and he said,
I went around
in the re and the re was
Lambert,
"What work",
him about
hennedy
you go down and looK 3.t it
and he said,
and I went
I Vl8nt ha.ck and I said,
In about
to do it?
one day and saw Mr. Lokey in
Street--iv'r.
I said,
rlouse and I asked
::,ome 10rk done about
and they
name on Bruce
b ck here".
was a mess sure
~ourt
by
and how did you happen
men ia there,
man's
work for
office,
by occupation?
whether
I 1,/'anted to go home with,
or five
wb t is that
at the
jury
rear
I/hat did you do there,
the
of steps
enter
sir.
A I came along
some four
Linville.
I did.
6•Q
the
or car
you did some work in the
there,
near
age?
I wish you wouldtell
A
thio
of here,
Sixty-two.
4-Q
1932,
do you live?
Four miles
3-~
I believe?
sir.
i/here
1
Huffman,
It
down here
nd you want
be glad
to have
and want b-ick to
that.
��-25-
Did Judge Paul
7-Q
Kennedy's
the
Yes,
8-Q
sir,
he is the
in the
rear
of
r.
man.
is one of ttie
Judge Paul
owners,
andrepresents
the
other
owners
of
building?
Yes,
A
sir.
9-¼( Now, what did you do, what was the
up
nature
of the
building
you put
there'!
· :e11,
A
part
it
was the
of it had fallen
I said
the
place
down.
that
10-~
over
Did you,
basement
A
under
it
in,
a part
of the
me what I thought
is to clean
this
roof,
a
it,
and
about
out andp.1t up some steps
it.
at Judge Paul's
~r.
had fallen
The Judge asked
only way I see to fix
and put a building
the
cellarvray
store?
A
the
employ you to fix
Aennedy's
direction,
build
the
cement
steps
down to
Store?
I did.
11-Q
nd did you build
a top
steps
cemenf at the
over these
direction
of Judge
Paul?
Yes, sir.
12-Q
A
13-Q
that
Have you looked
I did this
It
there
are
you made, and one at the
14of the
door and some kind
side
A
16-Q
you
A
one outside
of the
something
remember that,
since
you have been in town?
stamps going
of this
onto the
enclosure
basement.
about
there
about
being
the
center
a hole
of the
in the middle
door running
Did you see that?
ister.
today?
I saw it today.
'llould you te 11 the
,ere
bottom
the door.
Did you see that
Yes,
two doors,
of a contraption
goes trough
I don't
15-Q
today
sir.
Somebody has said
on either
'lork again
morning.
seems that
Yes,
time
t that
doing
jury
,hether
your work there,
I would tell
them I don't
or not that
was on the
door at the
or not 'Z
know.
I didn't
ao anything
to the
door
��-26-
except
run my cement
was banked
So,
ihether
you don't
18-Q
sir,
Well,
time,
basement
19-Q
or not that
I don't
now, with
tell
Rags,
the
just
20-Q
or
A
21
It
A
A lot
of rubbish
to this
this
hole
basement.
in the
center
of the
What was in the
busement
as you can?
half
rotted
in there.
up,
straw,
I taken
it
Did you take
ashes
and water
around
it
out?
out.
Do you happen to know whether
the
rubbish
there
belonged
to other
r. V. L. Kennedy?
I don't
kno
·1
who it
belonged
to.
you to remove that
I went to put the
steps
directed
rubbish
in the cellar?
in and clean
the
'o:i.sement up--Juoge
Paul.
you to do that?
Ye , sir.
2-3-''"' I think
you have made that
steps
clear,
but
in order
did V. L. Kennedy have anything
no misunderstanding,
A
was there,
door.
Judge Paul
22-Q
regard
old bed ticks,
Who told
A
of those
the time.
know.
as briefly
A Oh, my,yes.
people,
The door ~as open all
know?
fo,
at that
door.
up there.
17
door,
down to the
or that
to
that
there
do with
the
might
be
building
shed at all?
No, he never
said
nothing
to me.
Judge Paul hired
me.
When was that?
24-
I think
I commenced the re Febru
ry 8th.
Cross =Xamination
By Mr. Earman:
1-~
trical
Judge Paul
did not direct
in any push buttons
or elec-
equipment.
A No, sir,
I didn't
• LA1JRENCE
DAVIS,
ing first
By
ou to put
duly
sworn,
You are
:r.
do anything
a witness
testified·as
Lawrence
like
introduced
that •
on behalf
of the
defendant,
be-
follows:
Davis,
I believe,
and you are
cook for
the
Nor-
��-27-
mal--the
Harrisonburg
Sta.ts Teachers
College,
re you not?
Yes, sir.
2-Q
You get off one afternoon
a week, do you not~
Two.
3-Q
Have you been spending,
your time lo fing
for the l st year or t
a good part
10,
of
at Mr. Kennedy' a place?
A Yes, sir.
4-Q
Have you ever gone outwith
on business
him into tbe country
when he would go out
for himself?
A Yes, sir.
5-Q
~at
Y{ould you say with reference
to--has
he any fruit
jars
over
there?
He did have.
6-Q How did he acquire
those?
A Oh, go out to sales
suppose,
to se 11.
7-Q
fruit
and buy them up, and brought them back there,
I
I bought some of them.
Do you know, as a matter
of fact,
that
he frequently
bought and sold
jars?
Yes, sir.
Cross Examination
1-
by Mr. Earman:
Did he need them in his business
A I suppose he did.
it,
over there?
He made a profit
on them as well as the rest
of
I suppose.
2
You say you loafed ,about the place
work, Mr. D-1vis.
you hear that
,lhat was the significance
bell
there,
was any such bell
Did
the trial
down he re, that
there?
is the first.
I never paid any attention.
4-Q
c 11 bells?
time to hear it.
Did you know there
Not until
of having those
ring around there?
A Got my first
3-
a good deal when you were not at
How many jars
did you buy from him?
A Three or four dozen,
5-Q To put up fruit?
something
A Yes, sir.
like
that.
It may have been
�,
�-28-
6-Q
A
7-Q
~
8 -Q
A
He had plenty
Yes,
to
suppl
your needs?
sir.
Vere they
new jars
I don'tthink
or old ones?
they
were new ones.
Old ones?
Yes,
sir.
MR. STANLEY
FIGGATT,a witness
ing first
duly
sworn,
testified
introduced
on behalf
of the
defendant,
be-
as follows:
By Mr. Ott:
1-Q
nedy,
Ar. Figgatt,
you,
I believe,
have the
store
room adjoining
.Mr. Ken-
do you not?
A
2-Q
A
3-Q
Yes,
sir.
Is there
a joint
Both parties
There
stairway
use the
is an opening
room, out to your stairway,
between
the two stores?
same stairway.
from the
Both have the
Figgatt
and an opening
store
same entrance.
room, from your
from Mr. rCennedy' s store
store
room into
that
same stairway.
Yes,
4-Q
this
Do you,
basement
A
5-Q
A
tles
being
or had your father,
during
his
lifetime,
also
at times
used
there?
What do you mean, our basement?
No, I mean the
1ilell,
down in there
6-Q
sir.
basement
no, not that
sometime
I know of,
and look around,
What I mean by that,
down there,
under
some· beer
someone,
bottles.
,r.
Kennedy's
not specially.
but we never
I think,
store.
Somebody might
had any use for
has testified
Do you sell
about
Budwei er
walk
it.
some bot-
Beer there
in
your store?
A
7-Q
Yes,
Did you have any of these
der Mr. Kennedy's
A
8-Q
sir.
Yes,
empty cases
down there
store?
sir.
Do you remembti r about
how many you had down there?
in the
basement
un-
��
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County Criminal Court: Criminal Cases
Description
An account of the resource
This series contains all criminal cases heard in Rockingham County from 1820 to 1971. The historical context contained within these records is rich, and one can expect to learn about various aspects concerning the social, cultural, and political climate of the day.
Creator
An entity primarily responsible for making the resource
Rockingham County Criminal Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Date
A point or period of time associated with an event in the lifecycle of the resource
1820-1971; currently digitized: 1820-1930.
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
An unambiguous reference to the resource within a given context
Ccr001
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Date
A point or period of time associated with an event in the lifecycle of the resource
1933
Title
A name given to the resource
Commonwealth v. W.L. Kennedy
Subject
The topic of the resource
Misdemeanor
Possession of Alcohol
Description
An account of the resource
Defendant charged with misdemeanor possession of alcohol.
Publisher
An entity responsible for making the resource available
JMU Libraries
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>
Format
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PDF
Identifier
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CCR001_012_007
Kennedy
-
https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_008_245-commonwealth-v-claude-kennedy.pdf
0ca23b7f917da307795fd184ae80fbf1
PDF Text
Text
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Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County Criminal Court: Criminal Cases
Description
An account of the resource
This series contains all criminal cases heard in Rockingham County from 1820 to 1971. The historical context contained within these records is rich, and one can expect to learn about various aspects concerning the social, cultural, and political climate of the day.
Creator
An entity primarily responsible for making the resource
Rockingham County Criminal Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Date
A point or period of time associated with an event in the lifecycle of the resource
1820-1971; currently digitized: 1820-1930.
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
An unambiguous reference to the resource within a given context
Ccr001
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Date
A point or period of time associated with an event in the lifecycle of the resource
1923
Title
A name given to the resource
Commonwealth v. Claude Kennedy
Description
An account of the resource
Defendant charged with felony rape.
Subject
The topic of the resource
Felony
Rape
Creator
An entity primarily responsible for making the resource
Rockingham County Criminal Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>
Contributor
An entity responsible for making contributions to the resource
Jennifer Taylor
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
An unambiguous reference to the resource within a given context
CCR001_008_245
Carpenter
Kennedy