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l
OLIN GILMERKEPHARTCONFESSION
2
3
4
5
name is 01 in Gilmer Kephart;
My
and I live on Route 2, Harrisonburg,
room house that
~o
6
7
Baugher farm
statement
8
that
9
criminal
10
v--r
I built five or six years ago on the James
f . I o..s-f'I-• .11
the foot of Shand's hill.
make this
I say can and wi 11 be used against
prosecution.
this
Nevertheless,
19th day of September
11
the Commonwealth's Attorney,
12
Virginia,
13
D. Conrad, Sheriff
14
H. Raynes, and Court Reporter
in the presence
wife,
me in a
I do make the following
1954, in the office
Courthouse,
A. L Strawderman,
17
six children
18
and I am paying the Welfare
19
company who is building
one-room building
Deputy Sheriff
George
Robert
C. Overton Lee:
Dorothy Kephart,
in this
of
Harrisonburg,
of Commonwealth's Attorney
16
20
in a one-
-f. c.u,
everything
My
Virginia,
of my own free wi 11 and accord and I understand
statement
15
I am 44 years of age;
and I were 1 iving together
at the time of the shooting.
Our
have been put in homes by the Welfare Department
The trouble
people.
the addition
work for the Freel in
to the
I had with my wife started
Waterman School.
on Saturday
21
afternoon,
September
22
that
In the morning,
23
drank a couple of beers and purchased
two fifths
24
which we took home.
in town and my wife
25
and I returned
day.
18.
had been off from
we came to Harrisonburg
I ate a sandwich
home about noon.
C. OVERTON
COURT
ork all
I don't
LEE
REPORTER
HARRISONBURG,
VIRGINIA
of
where we
of wine,
know exactly
what
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�2
Kephart - Confession
1
time the trouble
commenced, but it was some time after
2
arrived
3
consumed one of the fifth
4
second.
home where we had continued
We were both pretty
6
raising
7
up a hammer and struck
9
and had
of wine and part
of the
drunk.
While we were in the house, my wife got to cussing
5
8
bottles
our drinking
we
the devil
houlder,
and I told
and then
her to keep quiet.
and
She grabbed
me at the back of my head and on the
ic
d up a butcher
over the head, which brought
knife and cut me down
the blood that
was on me, but
10
none of the blows required
11
blow from the hammer knocked me down and I reckon knocked m
12
crazy.
just
13
that.
Some things
14
1 Ike things
15
don't
medical attention
remember exactly
for me.
what happened after
I can remember and some I can't;
it look
come and go.
After she had struck
and cut me, she started
to leave
16
the house and I grabbed a single-barreled
17
setting
18
Pau 's Trading
19
of cartridges
20
both outside.
21
and I was about halfway from the house to her when
22
The
shotgun
at the side of the bed, and which
Post back in
he
with No. 5 shot.
ummer, and
I have not done much shooting
The first
time I shot at her,
24
around and started
25
and fired
was
had bought at
handful
lso
When I shot at her, we were
She was about 24 feet
23
that
from me when I shot,
and very 1 ittle
I missed,
back towards me.
I shot.
hunting.
and she turned
I reloaded
the gun
at her again and missed the second time, and she
C. OVERTON
COURT
LEE
REPORTER
HARRISONBURG,
VIRGINIA
�j
I
,
I
d
. I
�Kephart - Conffession
1
kept coming towards me.
2
shot and hit
3
butcher
4
had knocked me down with the hammer and I didn't
5
whether she wanted to ki 11 me or what she wanted to do.
6
7
knife
her.
The third
time,
to the ground,
I left
8
house and locked t e gun up in my ool
9
the house unti 1 the sheriff
came after
10
I turned my shotgun over to him.
11
had gotten
the hammer and
know
her laying
there,
tvent back in the
ox.
I stayed
me and at that
in
time
In the meantime, my wife
up and gone somewheres,
know if she left
and
I shot her because she
did not go up to where she was, and
don't
I reloaded
She was stil 1 carrying
at the time she fell.
When she fell
12
-
3
but I don't
know where.
the house because
13
gun or not,
14
and
15
town.
16
but,
17
and while
I would not be too sure about
18
he tried
to take the gun away from me.
I got the
but she was wanting to come back to Harrisonburf
kept telling
The fight
her that
was still
she had no business
back in
going on when I grabbed the gun,
as I remember, she did not say anything
it,
when I got it;
I do not think
She was drinking
19
right
20
21
My wife and
were married about 1934. She is several
L/o.i 1e.r
years
•
than me. ie had been having trouble for a long
22
time before
23
around,
24
her a coupl
of times to leave,
25
stay a night
or two and then come back again.
smart.
this,
mostly about her coming to town and running
but it never got to be anything
C. OVERTON
COURT
I had told
but she would go off and
LEE
REPORTER
HARRISONBURG,
serious.
VIRGINIA
�Kephart - Conffession
3
1
kept coming towards me.
2
shot and hit
3
butcher
4
had knocked me down with the hammer and I didn't
5
whether she wanted to kill
6
her.
knife
The third
time,
She was sti 11 carrying
at the time she fell.
When she fell
I reloaded
and
the hammer and
shot her because she
I
know
me or what she wanted to do.
to the ground,
I
left
her laying
there,
7
did not go up to where she was, and
8
house and locked the gun up in my tool
box.
9
the house unti 1 the sheriff
me and at that
10
I turned
11
had gotten
12
came after
my shotgun over to him.
know if she left
but I don't
stayed
gun or not,
14
and
15
town.
16
but,
17
and while
I would not be too sure about
18
she tried
to take the gun away from me.
19
right
in
time
my wife
know where.
the house because
13
20
I
In the meantime,
up and gone somewheres,
don't
went back in the
I
got the
but she was wanting to come back to Harrisonbur
kept telling
The fight
her that
was still
she had no business
back in
going on when I grabbed the gun,
as I remember, she did not say anything
it,
when I got it;
I do not think
She was drinking
smart.
My wife and
'f OIJ/t
1~)-
were married
1934.
21
years
22
time before
23
around,
24
her a couple
of times to leave,
25
stay a night
or two and then come back again.
-8'.!j•¢
than me.
about
this,
She is several
We had been having trouble
for a long
mostly about her coming to town and runni g
but it never got to be anything
C. OVERTON
COURT
I had told
but she would go off and
LEE
REPORTER
HARRISONBURG,
serious.
VIRGINIA
�4
Kephart - Confession
1
I have never been in any trouble
2
or shooting
3
anybody,
or anything
like
before
that;
for cutting
the only trouble
have had has been caused by drunkenness.
4
We were to move from this
5
trouble,
6
a week's
but
I
house on the day of this
could not get a truck.
I
had already
rent on a house here in Harrisonburg.
h aJ
t-e..<1.. _, o .,.1,, e.
I haverthe above statement and the facts
7
8
therein
9
Signed:
are true and correct
September 20,
1954.
11
13
Olin Gilmer Kephart
I~
WITNESSES:
14
15
16
17
18
19
20
21
22
23
24
25
C. OVERTON
COURT
stated
to the best of my knowledge.
10
12
paid
LEE
REPORTER
HARRISONBURG,
VIRGINIA
�01
11
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�In the Name of the Commonwealth of Virginia:
To the Sheriff
of Rockingham
County,
Greeting:
to appear before the Jitdge of the Circuit Court of Rockingham Coitnty, at the Court House thereof,
a~ ~'clock,
say in
behalf of the Defendant
.................................................
of ..........O.c.t.o.be.r......
. .....19 ..54. to testify and the truth to
a. m., on the.l.8.thlay
in the prosecution of the Commonwealth against........................................
.9J.JP-
...
Qtt~~.r...K~pl;l,:i:r.t
................................................................
..
who stands charged with and indicted for a felonyXmfill~KX
And this you shall not omit under penalty of £100.
And have then and there this Writ.
Witness, ]. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ....15.th
day of ..Q._qt,9.p~.+............. 19 .. .5.4,and in thel.79~ea
alth.
........
��In the Name of the Commonwealth of Virginia:
To the Sheriff
of Rockingham
County,
Greeting:
to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof,
a<f~'clock,
say in
a. m., on thel.8.t.hlay
behalf of the Defendant
of. .........O. .t. .b.e ................ 19 ..54 to testify and the truth to
in the prosecution of the Commonwealth against....................................... .
.................................................. O.li.P. ...O.~.l-,H~
......
.'.:.~.......
rt
who stands charged with and indicted for a felony~fi'l
....................................................................
.
u-
And this you shall not omit under penalty of £100. And have then and there this Writ.
Witness, ]. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ....15.th
day of ..0..c..to.b
..r ............19 ... 5. and in the 79.
........
��COMMONWEALTH
2~~
-
vs.~,,,,__,
,~
DESCRIPTION OF PRISONER
Last known address
Color
---~~""71''-----L._/JL__:_
)(Y:
Eyes
Marks,--=&=-----~__./"---...Lr
_______
Age
(}.A
Hair
lb.It;:
_
Weight
/
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Date of Trial
Z--_____________________
__
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Height
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OccupationL.____!~~2:1~~::-::=:_
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Result,__....,_!:::2_---L------,T£r-.,--"'~
•~---------
_________________
_
��In the Name of the Commonwealth
of Virginia:
To the Sheriff
of Rockingham
County,
Greeting:
You are hereby commanded to summon ................... P.~P9.~P.-Y.
..~~.P.~~.~.~J.....-?':~.~~·~··········
.....................
Baugher~ ...(Rt .•.. 2, ...Harrisonburg).,
...sheriff ..A. L •....................
.....................Strawderman, ....Deputy. Sheriff ..Earl .. Turner, ....and ...................
.
.....................
D.e.put.y...Sb..e.r.i.f1'...W.
..A ......Sp.1t.~.~~·································································
to appear before the Judge of the Circuit Court of Rockingham County, at the Court
~:cc
House thereof, at~
o'clock, a. m., on the ...2.0 .....day oL. ..P~.1:g~mP..~~
..............,
192.4.,
to testify and the truth to say in behalf of the Commonwealth
against .............................. .
OWENGILMERKEPHART
who stands charged with and indicted for a felony ~
And this you shall not omit under penalty. And have then and there this Writ.
Witness,
....1-4 ....day of ......D.e.c.e.m.b§.:r
........... , 19.5-4-.
TH&
SB.II.VICE PRESS,
HA1UllSONBUllG,
TA.
~~.
d n
at the Court House, the
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◄ -•◄«--....
SHERIFF:
·°'
____
JN THE COUNTY OF Rq_CKIN~
/
BY DELIVERINGA TRUECOPY OF THE WIT!~~
EXECUTEDL:2d~_S(
f\ _,_~-----------°'o
.._ ____________
~
COPY QF THE WITHI
~..~ECUTEn.~-/6:/~'N
THE COUNTYor
7
ROCKINGHAM
BY DEL~G
A TRUE
IN THE COUNTYOt
ROCKINGHAM
BY DELIVERING
A TRUE
~
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COPY
lECUTED___
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�In the Name of the Commonwealth of Virginia:
To the Sheriff
You are hereby commanded
of Rockingham
County,
Greeting:
Mrs. James Baugher
to summon ____________________________________________________________
_
to appear before the Jud~e of the Circuit Court of Rockingham County, at the Court
House thereof, at~
g'clock, a. m., on the ___
?_Q______
day oL .....P..~~-~~-m~~-:_t'
_____________
, 19__5._4
to testify and the truth to say in behalf of the Commonwealth
_____________________________________________________
Q"WJi:N
___
against -----------------------------_
GIL.MER__
KEPHART
______________________________________
_
who stands charged with and indicted for a felony 1~r.
And this you shall not omit under penaJty. And have then and there this Writ.
Witness, J. ROBERT SvVITZER, Clerk of our said Conrt, at the Court House, the
-----1..S----dayof __--.De.c.emb-er.------------,19 __-54,and in the
-------.fe~~--THR
SBI.YICE
puss.
HAI.USONBUR.c.
YA.
-11-9year of the Commonwealth.
-------------------,
Clerk
�Commonwealth
v.)
Witness
~wen Gilmer
Subpoena
Kephart
To Dec. 20, 1954
at 9:00 a.m.
~T CUTED~N
THE COUNTYor
ROCKINGH{M
BY DELIVE GA TRUE
COPY OF THEW TH.u,,o,,i;~,.___
~PER~·•"'
t:2,~~
___
~<de:
S'?fJ
���Conip.
Form
STATE
18
OF VIRGINIA
\
~ OF
No. __
To-Wit:
_
HARRISONBURG
CITY
TO ANY SHERIFF
OR POLICE
A. t.
Whereas,
OFFICER:
Strawderman
Sheriff
of Rocki:g.gh.amCount_y:
__
_
_.,J...,,a,,.m
....
e...__s--"W.__.
..__L
__
i...,..n~e'-"w..,.e...,a
....
v.........
e.-.r
_____
has this day made complaint and infom1ation on oath before me, _
_
(Name)
_ __..J~u~s"-'t,._,i-.-c
....
e'---"o
....
f.___t
....
h.....,..e'--------"P,___,e""'a~c..,,,e'-----of the said~,
tha.________________
_
Rockingham
(Title)
__________
or about
did on/the-18th
O_L_I_N_G_I_L_ME_R_KE_P_HA
__ fll'--=______________
make an assault
Kephart,
September
day ot
. 19-5.4-:
in~
Unlawfully
on one Dorothy Kepharti and her,
unlawf'ully
feloniously,
wound with a deadly weapon, to-wit:
a shotgun,
the said
Dorothy Kephart,
then and there
disable
or kill
the peace
a ainst
and feloniously
the said
and maliciously
Dorothy
did shoot and
with intent
Trial Justice Court of t
and dignity
of the Commonwealth.
/'
i
~~in
t_yunty,
her,
to maim, disfigure,
-----------------------------------------,-
These are, thereforRo
County
-
the name of the Commonwealth, to apprehend and bring before the
the body (bodies) of the above accused, to answer the said complaint and
to be further dealt with according to law. And you are also directed to summon
color ____
Address __
color ____
Address _______
_
Ci
Address ________
_
-□
__
color
as witnesses.
Given under my hand and seal, this~
color ____
Address _______
color ____
Address
"it!4
Q___day
of
_
--□
-□
�STATE
OE V!RGINIA-COUNTY
OF __________________
;. - -
a
_
Trial Justice
Justice of the Peace
to-wit:
in and for the County aforesaid, State of Virginia, do certify
ti.at
and -------------------------,
io the Commonwealth
($.________
as his sure~----,
have this day each acknowledged
themselves indebted
Dollars
of Virginia in the sum of -----------------------------------
), to be made and levied of their respective goods and chattels, lands, and tenements
to the use of the Commonwealth to
Circuit
; shali appear before the
Court
Trial Justice
be rendered, yet upon this condition: That the said ___________________
of -----------------~----
County, on the _________
day of _____________
_, 19__
,
at _______
M., at _______________
,Virginia, and at any time or times to which the proceedings may be continued
or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer
for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force
and effect until the charge is finally disposed of or until it is declared -.void by order of a competent court; and upon the further condition that
the said
from the date hereof.
shall keep the peace and be of good behavior for a period of _________
Given under my hand, this ________
day of ________________
, 19__
days
_
T.J., J.P.
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�TRIAL JUSTICE
Criminal
Docket
COURT
Ne.>15936
A
Com'th
V.
Owen Gilmer Kephart
Defendant
AU-1
Appearance Date
9-20-54
Trial Date
P:elim.. Hearing waived.
D3fendant held for action
I
of Grand Jury.
��rtft,
Docket No.
COMMONWEAL TH of VIRGINIA
)
vs.
) Felony ( fa)
) On Warrant
OWENGILMERKEPHART
Julian K. Hickman
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Sept. 20. Indictment &c. waived;
arraigned & plea n.g.• & set for
trial
October 18.
9/7':/
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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/.
Title
A name given to the resource
Commonwealth v Owen Gilmer Kephart
Subject
The topic of the resource
Felony
Assault
Description
An account of the resource
Defendant charged with felony assault
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Date
A point or period of time associated with an event in the lifecycle of the resource
1954
Contributor
An entity responsible for making contributions to the resource
Nara Holdaway
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
An unambiguous reference to the resource within a given context
Ccr001_017_011
Kephart