1 20 2 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_012_014-commonwealth-v-john-o-kersey-john-h-mouberry.pdf 1d7e9ea027239ae200a6ed6dfe85e868 PDF Text Text J' 9 i n ir ...,__~nd .,,,,,,ye a .... i f J"1l her 2::,tnb nnt exp I ' �'--- - - J �..... 'Z w .... 4. �____ ' J �ORIGJIIIAL �,L__ �J I r lr ,nd > .....:ea T"1 l f 2 ~ ner unb �I I_ �~ . --__")"' ~-'- ---~ ORIG,NAL ��O~IGINAL. ��ORIGJN'AL ��ORIGINAL ���c__ --- �() 1 )> -i •, fTJ .2. '7 --j '7 ,◄.,,,.• . .~W i=S ..• 'A/E _/1 �.. • I �ORIGINAL �L �r 0 ~\GI N_AL �__j ����....., ,,L �-:-r-----:-:i--~__.c.,. , ,' I\ ij. ,. I J J �I I II L l _J ��_J �r, -► ..f__!✓-£ • -···-··-··---··--------------------< Name ________ t{(______ ______ _ Alias ______ No. _____________________ _ Color L Thumb /7 ____________ Sex 2. Index Finger Ref.------·-··· RIGHT HAND 3. :Middle Finger 4. Ring Finger 5. Little Finger ~'- Ring Finger 10. Little Finger 0 f ----------------·---------ii~~ 6. Thumb ----..i..h-L._ 7. Index Finger .._:____ _.. 'J,.!i _________ _ Verified_ _,,__ n_______ rv ___ Note Amp~ttations Classified_ _ __ ______________ _ Assembled Searched __ LEFT HAND , 8. :Middle Finger I --------11-------- ,,, ____ Prisoner's _ 5ignature -· ______ _ fndex Card . ____ Answered ----------~----·--------{------·-----+--------~ Four Fingers Taken Simultaneously ·---~~-s l.eft Hand ______ "'"" ______ , L. Thmnl, R. Thumb Right Hand Tak n Simultaneously �U.S. BUREAU OF INVESTIGATION, DEPARTMENT OF JUSTICE WASHINGTON, D. C. .J '=tecordfrom: ........... , ..... . 5 ... --o~·th~·;;,~~~ ii-;;e ~l~~•..-~:i;,•~·h;the; ·P~ii;.;i;;~~r~~~~t.<t~~~~s ~mc;:~~ ·c,;~;;:i~ii·---... .!. Date of arrest ~ .. l.~r..·-;•.....·•···· ··························1;,················· Charge ...................................................... . Disposition of case ...................................... . Residence Place of birth PLEASE PASTE PHOTO Nationality HERE Criminal specialty ........................ Age ................ :: ............ . Build Height_·········•-· Comp. ··········-· Weight .........••. Eyes ................................ Hair .......... . . Scars and marks CRIMINAL NAME ---··················-··-········-· NUMBER -·· .........• CITY - .. j OR HISTORY INSTITUTION DA.TE CHARGE DISPOSITION OR SENTENCE } ················•···········-· --·-······························· .....········•··· ....~<.............. ..J. ....·•.. ...~--·--····· ... :::::::::: ::::: :r:··.:::·:···•·:•:•:•:•:•·•·•• :•·• •·••·••··•···• ··••·•·········· ••·.:•·· ::::·. :••••··•······ ·-------------------·----- ___ --1----------------- --------__ ----------- ----- - ----- 1.··-----------------' --- ------------ __ ._ (Plea.se furnish all additional cnminal hi.story and police record mt separate sheet) �(_ ffe t/ ....._____ .___ ._.._.._______ . No. ________________________ Color ______________________ Sex ___________________ _ Ref. ___________________________________________________ RIGHT HAND 1. Thumb 2. Index Finger 6. Thumb 7. Index Finger 3. Middle Finger 4. Ring Finger · 5. Little Finger 8. Middle FiIJger 9. Ring Finger 10. Little Finger Note Amputations Classified _______________________ Assembled _____________________ _ Pri&oner's Signature LEFT HAND Searched _________________________ Verified------------·-···-·······Index Card_.--·····--·-·-----Answered----·-----------------Four Fingers Taken Simultaneously left Hand Four Fingers Taken Simultaneously L. Thumb I, R. Thumb Right Hand �U.S. BUREAU OF INVESTIGATION, DEPARTMENT OF JUSTICE WASHINGTON. ' D. C. Record from._,---···-······························-··-·······························--················-················-············ (Addrcss) ...·-·······---·····-···-·············_.····························· ..............~ ...... On the above line please state whether PolirP Denartment, Sl1eiiff1s Office, or County Jail Date of arrest.·-···-·······-····.........................................·......... Charge ................................................................................ Disposition of case .....·-·······················-············-·--······· ..·--··- Residence .... ·.'············--··...-._····..····-··-··-··...-........._........._... J~ Place of birq('.--·•········-························-·········-·--·····-·-········· PLEASE PASTE PHOTO Xationality ..............................................................-......._... HERE Cri rnin al specialty ....... -···.....·-····-········•···..·········-···-···-······· Age.................._....... Build ........................._.............-.......... Height .................... Comp ......................... Hair·--········- 1Yeight.................... Eyes_................................................. Scars and marks. ......................................................··-······· CRIMINAL NAME NUMBER CITY OR INSTITUTION HISTORY CHARGE DATE . DISPOSITION ···········-·-:;. ··········••·····-· ············:t-·········- (Please furnish all additional criminal history and police record on separate sheet) OR SENTENCE ��0 ���In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to mmmon ..... ............. . to aj,pear before the Judge of the Circuit Court of Rockingham at 9.30 o clock, a. m., on the ...... f .............day of. ....·/M1 r.J(..~. . •. . d County, at the Court House thereof, 19'7.'.'✓. to iestify and the trnth to ,.,P~"~"?!?int,p!!/?h,~ .. wnw,····· who stands charg~d wi And this...... . .......•••.. : ...•.••••••••••.••••••••••..•••. and indicted for a felony mis~nor.. ............................ shall not omit under j>enalty of £100. And have then a11d there this Writ. Witness, ]. ROBERT dny of... ;7:;17. SWITZER, 19 ,t'/;,nd Clerk of our said Court, at the Court House, the ;,, th,/JZ: £42.""'" .... d......... ·....... . .../= olth .......... , Clerk THE SEk.VICE PRESS, HARRISONBURG, V./\. FORM NO. 5 �:s t, ., 0 ;,, C: �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to smnmon ...... ·······•············································· ... ·········77···c;c>··-f/····•····•······················•···· ···················· ............................... ........ :.c,../. ...c;X, .....~..A,/. J~PJ!l';efor!h ~ ······························ ............................ . Judge of the Circ1~if£ourt of Rockingham Coimty, at ;fa-e Court House thereof, ~' on the ..... /Q ..~ay of..... .. ... . ........ 19~-0 testify and the truth to 5'n~~";:__•g,>:"' ......................... . "Ym behalf a/ <he Def~nr~' who stands charged with and indicted for a felony misdemeanor. And this ......... :: ...'{;;_, ................ shall not there this Writ. Witness~B_:1;; d,y of. THE C,Zf/ SERVICE PRESS, SWITZER, Clerk of . 19 ~,;(,,nd ;n th, HARRISONBURG, VA. omit under pe11alt;1of £100. ou~-a:_, /,!i ~~--, Aud ha11e lhf'II and at the Court House, the /0..~Cl"k FORM NO. 5 �_11_;:y~~ Q ~- d~. ..... ..... b I I I I I CD ~ 0 . :::s II 1 I I I I I I I I I I I I I I I c.s \ ...; I I lI I I ' I I I I I I I I : - I I I L �~ J '1a . ~ ,e Jr J)e n- , { ~ ,..,-,>-;,. -.e- ~- - 4- A r / /2 r ~ >' - ... 4 y.,. z )' 7 r ~ / ,,;,n..✓- -- 'l ~ /.. C' a_ j , .,,.. / /- ~ ~~ r-"/"J- .,,,,.,. ,; /" "' /( ,J, .,-- ,..) / ~ ./ /' A' ~/- I ,. ~ ,A.,; - / - ~ ; J/)_ ~~ I _..4-~ - ...A.,.,,,,._ ~~ ,:::::X...JA-~ A- I / ✓ - - /- ~0-~ ~ .# ~ ~ _, ,,,. ' .,-- ~ /: ~ 7 L .,,.... ~ ~ '-...J ,,,,,.,,,...r, - Q 1~ CJ-ii~ 1 V ~~ j· �~ (. - ~ /?V'- ~ 1J ,,.-dr; ~ a J {_/ q {) ~ J. ~~ '/ CV- --- ~- -r I/. ?/ 1 'f-- .a>vt;;,( __,, c-vA-k ti ~ ' /" ~ I. ~ ~-.A c.--~tL.. ~~z.,t..- ~~ ~,1 u _,---; £ - ~ / /" ""-, 1-r,,c::? ' ~I ~ ~--<.. I ,,. ti/' r~;;;z - /✓~7 ~ - . .... ~- JJ .c- a.,..,..--. - ,,/ ~- .>vtA..j 61 _, ~ ~ ~ -..:v_ 1- ~ /P ~,y~,rrq ,,,177?7'7 , , ~- M~ ~ . c • • ) �.• ~>,....: ....:-:; ~~·:<., .· ,:,°"~-;;\0 ('• ]{~ ~~ ...,. ~I f- r< / ~, ''C 7✓,, ~ c.V / L 11 \ ,} '4 .' n.'-...,V-=> ✓ I(\.',,,.-- ' •> '?-'. . ��I /:IY r" ·r/'"V y A Al t:> C."' n.. rt /1.1I J r A If T=• .J' ~Af ~ T Jt 1T'/ o V, ;;_C 7' ,4 Fi II iH 8 J I 11171 i N D iR F c7',.. f o ~ / 1/ f1 o·=/ /{ ..A ~-:S i '- t-1 M l 8 H 7' HA H VF t>ME: C A U S ~J) 131)tJ ,') ri ~A.Al lJS r~ StJ/# ff II r D i fr E c T I <Y#. r6e,1 ~i f TF# -,, . -t- o'-fJ7r'\- -<1Pt)'71 l 10 C?H l=S .,/lfJ- /4 llf/~ S PaT C ft A AtB/? -()N /::.f-) 0 //fr R WA-S A - ' i / I J/f:: Ir O N R 6' o M J;l_ i B Jr R.E'l7'r - . H L-/, E . _r- l 4{ t1 /✓F-___ V 'yatJR,<:., /,. ~/ s ()#e /31{ ~ t._../ . ��111GS.l. YANCEY, JR. INSURANCE "tltfOIIMATION WITHOUT Olli'61,TIO, MASS.lltJTUAL UF( IJ · 308 flRSIJIAT Ill • ltAHISO 111116. ,,ij, �.. �--; .J 717/<-- ';;fA fV /--fA- R r /.FY R i...s{)h' 8 trA'~ ��J0HN E GAR HOOVER DIRECTOR ~. f&.~.epnrhnmt of Wu5fh:e ~tt5qingfon, ~. QI. January 2, 1934. Il'l'IEI~ESTilJG LATENT F:!:NGEEPRIIIT CASES. On r,ay 23, 1928, four bandits descended u:pon the FLst Ne.tior:.al Bank of Lamar, Colorado, perpet::-ated a r·0bhery of over $21"0,C'CO, killed tte President and the Cashier of tr..e bank, kidnaped two other err:ployees, one of whon 1ras later found m.urdered, fled across the Colorado bo:'der into western Kansas, and proceeded to a hideout. Requiring .. edicA.l ettenti"n for their wounded companion, or,e of the bandits proceeded to the home of D:::-. W.W. Weininger at Dighton, Kansas and tricked him into le>:lVing his hor.:e ar_d dri vir:[:· his car into the country norttwest of Garden City, KansRs, tr Rdminister to the v,our.ds of the injured "!:lan. After Dr. Weinj_r.e;er had finished his administrations, he was murde ed, thrown nver a canyon, and his c;:,.r pushed over after him. 'Ihe body and .ar TTere found shortly afterwe.rds. ~r.ere we1·e no lues to the identity of the robbers ex~ept a latent fingerprint fcund n the door of Dr. Weininc;er's car which was photographed and -::irculated throughout the country. It we.s received i the Identif'LC!ati0n Unit of the i visioi. of Investig8.tion in July, 192R, ro.nd shown to tl~e techni al eq_.Jloyees with the request that the pattern be clenrly im11ressed on tteir minds fer future reference. lileanwhile, the outraged ~orr.rr.unity nf Lamar, Colorad", insisted upon retribution, ar:.d William Jennings Bryan Walker, alias "'i.'J-.Li te7,'" Walker', Ch, :·les C. Clintor:., Floyd Js.rrett, and Alfred Oliver were app;·ehended in va:;:inus parts of the -:-ountr:,,·, ret·irned to Lar::ar, where seYe::·al ci tj_7,ena identified ter, as the bandits, and ttey were held for trial. After about a year had elapsed, one of t::ie employees of the Identification Unit of the Di vision of Investigation, v:hile engaF_ed in his :regul&r work of verifyinc_: curren fingerprint r.ards wtich had been identified win prior records, suddenly discovered a replica of t!'lir, latent impression in the fingerprints of William Harrison Holden, alias Joseph Leed, Stockton, Cal:ifornia, #2804-V. The identifination of this individual qs one Jake Fleagle, whose fingerprints were already in the Di vision's :'iles, was positive, and Rlthough Fleagle was not at the time in the custody of the California officers, the news of the identifination was fo:rwarded to the Kansns ann Colorado aut:- ..:i~·i ties, and resulted in a raid on the home of Fleai:,:le, vthere the fFlther and tr.e trother 0f Jake Fleagle were arrested. .A.fte:r continued questioning, Fred Flea.gle told where his trother Halph, a meu.ber of the gang, co~ld be found. talph, after being apprehended in Kunknkee, Illinois, finally weakened, Rdrr.itted his complicity and identified his corr.pcnior:.s ~s his brothe~, J~ke, Howard L. hoyston, and George J •. Abshie:'. Falph Ji'leagle, Foj'ston and Abslder subseouently v,ere exeC'uted. in Colo.:.-ado. After an extensi ·-re search, J ke Flea€le was located at Branson, Misscuri, on Octohe::.· 11-, 1930, and shot while ��- 2 - resisting arrest. The next day he died from the effects of his wound. 'i'he cases against the four men originally arrested in connectior, with this crime were, of cou:::-se, dismissed when the identity of the true perpetrators had been ::iscertaiLed. In this iLstance, fingerprint identification not only led to the establishment of the true identity of the guilty parties, but to the release from custody of persons innocent of the perticular crime, al though tho latte:::- were criminal:3 of record and have subseriuently been or..victed of other crimes. ******** *** During a raid made by Federal Prohi bi tior. Agents 0n a brewe:::-y at ~liz':l.beth, New Jersey, en September 19, 193(), one of the officers, John G. Jl'iniello, was 6hot and killed. .Among t:te persons identified as resrcnsible for the rr:urder were John XeV\nan and Albert I. Silverberg, c,.lleged gangsters eng,:,.gen in the illicit tro.ff-;_~ of liquor in tte city of Philadelphi11 and throughout the state of New Je::.·sey. Fi.ngerprints of these individuals, together with desi:!riptive data, were forwarded t() the Dj_vision of Investigation, and inforrr.ation ttat they were wanted fo:· the New Jersey mu::.·der was posted a~ain3t their records in the Di vision's finger1ffint files. Two years late::.·, on the nii::-ht of July 5, 1932, Abie Loet and Al Gordon, underworld characters were shot and killed neor the door of a reputed speakeasy in the city of St. Paul, Minnesota. A short tirr,e there3.fter, not far from the scene of the crime, two suspects, who 1:-::e.vetheir names as Joe Schaefer and Gecr{-:'e Youn{.;, were arrested by the St. Paul Police. Near where the arrest was made, the :police found two 1_,uns. i ..l th ouch the suspects denied any knowledgE.: of the murders, their finrerprints were taken by tte St. Pnul Police Depert2ent and submitted to tbe Di vision of Investigation. Upon being classified and searched these fine=-:e:..·prints were found to be identical with those of !Jewman and Sil verbe :_• p:::-ior 6 , v1ho two years h~d rrnrdered the Prohibition Officer at :Uiz·•beth, !Jew Jersey. The 1·esult of the identification ~as im~ediately communicated to the St. Pnul Police De-::iartment, and to the local authorities at Eli7'Rbeth, New Jersey. The St. Paul Pnlice Department, upon examining one of the guns found near the scene of tr.e killing, wa:1 able tn distinisuish the fragment of a latent fingerprint on the nickel su::--face just above the trigger. This print was developed by rr!eru:s of powder and photorraphed. Copies of the photograph were submitted to the Division of Investigaticn by the St. P~ul Police Departr:1ent, with the ::.·equest that the print be eXPJuined in an effort to ascertair: if it might hr.ve teen made b;i· Aither Rewrr:an or Silve:·be:!:g, whn were suspected of the murder. The fingerprint expci·ts of the fi vision, upon a thorough analysis, determined that the latent fingerprint appearing on the gun was, in fact, identical with the :•ight index finger ir.ipression of Silvl'l ·berg. The Chief 0f Police at St. raul and the County P1·osecuting Atto::.·ney were furnished with this opininn. ��- 3 - Silverberg and '..'Jewmanwere j_ndicted for tte rr;urde s and on October 20, 1932, brought to trial at st. Paul. The principal evidence relied upon by the prosecution was the gun used in the murder P.nd beari::1g the fragmentary impression of a fin~erprint. Ter,hnical fingerprint experts were used as witnesses by both prosecution and defense. During the course of the trial the Prosecutor, under the inpression that the success of the ;Jrosecution depended largely upon the fincrerprint eYidence, requested the Di vision of Investigation to irr,mediately send a technical expert to St. Paul for the purpose of corroboratinr; the ex ert witnesses of the prosecution in the identification of this fral!I'.ient ry urint. Aceordin::;ly, an eP.J._loyee of the Divisinn proceeded to St. Paul, arriving during the Jatter part of the trial. He took the wi tn8ss stand and by using the charts prepared by the expert witnesses of both the prosec tion and defense w::i.s atle to confi1.·rr. the prosecution's contention of twenty points of similarity between the latent fingerprint and the rirr.t j_ndex fincer impression of Silverberg. le was likewise able to explain satisfactorily certain ;Joints which the defense contended were dissimilarities and inconsistencies. Upon the r.onclusion of a six ninute deliberation, a verdict of guilty was ::--eturned by the Jury ar.d bott defendants were sentenced to serve life ir:rprisonment. Subsequently, seven r'lembers of the Jury expressed themselves as having tecome convinced of the positive •uilt of the ciefendants only after the introduction of the fin 6 erprint evidence. Clarence B. Hiller, a resident of Chicaro, was shot and killed in his home in that city on September 19, 1910. About twenty minutes later e. ~olored man named Thomas Jennings, whn appeared to be in a high state nf excitement, vms arrested ne11::.·l:r a mile from the plnce of the murder. The a:::resting officers had not heard of the homicide &t that time, but their suspicions were aroused because of Jennings' appearance. They found a full~~ loaded .3R caliber revolver on his person, the revolver showing signs of having been discharged recently. .Jennings was an ox- onvict, then on parole from a penitentiary. J.,. da" after Hilldr' s murda , fin;,-er11rints we1·e discovered by technical experts indicatinrr the i1:1prtnts of the left index, left middle, left ring and left little fingers of an unkr.own person, on a newl:/ 1'.lhen .Jennings' painted porch rail of Hiller's home. fingorp::•ints were taken it was found that they correspondec'l. to these latent impre3sions. Jennings was convicted of first degree murder and executed Feb::.·trn.ry 16, 1012., at Chicago. The case was of great importance in the United States because of the introduction and admission of the fingerprint testi.r.10:ny, the evidence havinf been sustained by the Supreme Court of Illinois. (Wentworth-Wilder, "?ersonal Identification", page 281.) ��- 4 - On July'?, 1929, ~-~r . .August V,lb1er, Chief of Police of Berkeley, California, transrr.itted to the Division of II'-vestigati0n certain latent irr.pressions, with the ir.fcrnatior, that they represented the OI'-ly --:lues left by a local burglar wr..o had preyed upon the c0rr.c.inunity at a certain season f0r several years. With these prints Mr. VolL'Tier serct the names of abcut thirty :r;ersons, who because of their occupation were generally in Be::::-keley at the time of tte year these burglar·ies oc~u::-red and we2·e custorr.arily arsent after the deprejations ceas':lci.. By comr,ariscm 'Jf tbese latent pri::-1t;.; wi tt the prints 0f all individuals with narr,es sir:.ilar t:) those on the list furr.ished, whose records appeared in its c::-irnir.'il files, the Identification Unit of the Divisjon of Investige.tior. w:;is P..ble to ir:f'.'rrr. Ch:ef Vollmer that these impres"'icns had been rr.e.de by t:1.c middle finger of the ::.·ight hand and ti:e middle finger of th left hand of 0:ri.e WillieJT, Be::·ger, Wh'"l, o.s No. 27372, had been recei ,·ed 0n April 3, 1911, :'..n the San 1_uentin, Salifo:::-nia Penitentiary to serYe one year and three rr.onths for per ,i11ry, of whict. L.e had been convicted in Marir. Cour:ty. Tl:.e burglar we.s known locally ;nalcing r..is home ir: Berkeley but periodically leaving the city with tte klaska Packers' Fishing Fleet, by whom he was employed. Ji.rr.1eri with the p0sitive kr.owledge of tte burgla:::• 1 3 identity, the police placed hi:, horr;e unde:!'.' surveillance and on Decen:ber 24, 1929, Berger WPJ.S shot and killed while fleeing frcn, the officers us they sought to arrest him. 0 ** * * * * * * ** ~ An interesting illustrati0n of the use of latent prints in the inYestignti0n 0f crir.1inal r::.atters is furr.ished j_n a .:-ecent New Orlea11s Cnse. :"'luring the surr.rr.er m0nths of l'J'.?3 A.pproxirr.ately f)rty homes in the exclusive residential sections of Ne½" Orle:,.ns were burglarized while the occupants we:re 0ut of the city. It appeal'ed ur;on investigation that the bu:!'.'glaries were tr.e work of a day~ight thief. Every plair1 clotLes man P.vailable on the poli~e force w&s ordered into the district in an effo~t to ~pprehend the perpetrator, but wi thrut irrznediate success. Ope rat: 'res frorr. the Identification Bt:.reau of the lJevr Orleans Police :Department we:·e successful in obtair.ing le ter.t prints at the scenes of seYeral of the bu:;:glc.rie:,. In an eff0rt to solve these cri1r.es the .Superintendent ".lf rolice issued an order to p:ck up all suspicious characte~s, p)ol rocm habituates, n.nd sur::h persons, wr..0 were unable to give a good ar.count cf therr:.sel ves. As a result in one night there were rounded up ~,tcut '"'"J re:::·sons, all of whorr were brought in and arrangements rr.ade to finge::print them. ':'he 3fi6th pris0ne:;" fingerprinted ttat night proveri to be the ~r.an ,vhose nrints had been left Rt the scenes of he burglai•ies. He had no previous criminal rec0rd tut when r::onfronted with the fi1~;:·e:::·print evidence he readily or.fesseil. to all of the robberies. In '.1.is c 1:mfession he described h8W l:e had_ eluded dAtection by· masquerading as a deliver:! bo:: or. a bicy-::le for ,q general rr.a:-ket. A g eater part of the stolen pro~oerty was ,ecovered and. the culp1•ii; upon rlead:ng 1t,1i.ltj· was sentenced to the Penitentiary. ** * **** * * * * ��- 5 - A recent kidnaping case in which the Division of Investiration of the U.S. DepartMent of Justice ha~ considerable investigative interest is cited as a further example of the utilization of the science of fin~erprints in the detection and prosecution of crine. From November 1, 1932 until January 5, 1933, Jose~h F. Cannon, of Cannon Mills, Incorporated, Concord, North Carolina, re ej_ved a total of fourteen communications de~anding a substantial ransom under threat of kidnaping both hjs two-year-old granddaughter, Ann F.eynolds, the daughter of Ann Cannon and Snith Reynolds, deceased, and his own eighteen-year-old son, Joseph F. Cannon, Jr. An officer of the Id.entification BureRu of the Charlotte, North Carolina ?olice Depart,.,er.t, upon examinj_ng one of these extortior.. notes, vras able to develop a near-perfect fj_nger irr.pression on the back of one of the letters. This lHtent print was photographed ana the Division of Investigatj_on cj_rcularized copies thereof to leadinv Identification Pureaus throur,hout tho country, with the request that the print be searched throu€h single fin~e:::'prj_nt files where they existed and that j_t be shown to fincer:,rint employees, in the ho;)e it mir,ht subsequently be identified with fin.-erprint cards which mii;ht pass throu1;:h their hnnds. During an effort to collect the ransom by l:leans of an elaborately planned scheme, one Odell Ce:rlysle Eoyles a:nc. his wife, Sue 2,achary Poyles were taken into custody by :police officers and Special ;,_-._ents of the Division of Investigation at Atlanta, Georgia, on January 10, 1£33. 'I'hese two individuals at first denied complicity in the crime but subsequently confeRsed. The fingerprints of Odell Boyles ,'1ere taken and it was found that the le tent print developed on one of the extortion notes was identical with the fin· e:::impression of his right forefinger. \'/hen confronted with this evidence he was considerably surprised ano. stated he had taken particular precautions to avoid leaving any latent ~rints on the letters he wrote. Evidence of this idenhfication of the lutent fingerprint with that of the defendant, Odell Boyles, was introduced at his trial before United States District Judre ACkornan at Atlanta, Georgia, and was an incidental fartor in the conviction of this individual on Juno 15, 1933. Odell Boyles was subsequently sentenced to serve 15 years in a United Ste.tes. Poni tt:mtiary. *********** In the case of Commonwealth versus Albright, decided in Pennsylvania, 1931, the defendant was convi ted of burglary largely because of the introduction of a latent finr:erprint found at the scene of a crime. The Superior Court of Pennsylvania sustained the evidence introduced in this case. The impressions were found on a broken pane of lass and corresponded with the actual finroerprints of 1-ubri12"ht, which also v1e:c-eintroduced as evidence in Court. The appellate court sustained the conviction sayinr: "This Commonwealth is wisely coruni tted to the principle that pr,gressi ve and scientific ��.., ., I •- - 6 - appliances and methods which belong to the various human endeavors equally to the machinery of the law.'' (Connnomvealth v. Albri[ht, Fennsyl~ania Superior 317.) belong 101 >I--********** It will be observed from the above cases that the identification facilities of the Di v::.si0n of Investigation of the U. S. Department of Justice are not confined to the determination of previou criminal histories, location of fugitives and related identification activities hut a::.·e extended to the deterrr..j_nation of the ::.dentity of criminals through the coP.Jparisor. cf latent prints found at the scene of a crime with the fin.;erprints of such criminals. There are r:ow filed in the Divisicn over 1,rv·,0,174 fingerprint records classified under the Henr: system which requires the use of all ten finqers. Of tl:is great volume of Y-ecords, about 3,f:61) cases have been selected in which fj_r.gerprints of reputed kidnapers and extortionists, as well as m ny known gangste s, are filed individ:1ally in a single fin:,'erprint file. It js possible to classify latent :;:.irints found at the scene of L crime, particularly such crimes as kidnapin_r and extortion and search the sane throu,0h this selected file to determine wl:etLer the latent ~ri.::.ts ,ere left by any of he crininals whose f'inr,er:9rints have been thus ses~reg:ated. In addition it is possible to compare such latent !)rints with the firwer i1apressions of any named suspects in connec-'.:ion with a crime, where the fin,__,erprints of such suspects are in the r,,.ain ide!'lti fj_r,13.t; n files of the Di vision. In such instances the full name of ~l:e sus-pect, tor ether with a previous arrest or commitment nurnter or, if available, the fingerpi•int c8.rd should be furnished ·n order that his fingerprints rr1ay readily be located j_n th,~ Di vision's f'ile. * * * * * * * * ** * �'·- �~- ~ .-!Pl~ I ), / s \ �.,6' '-</_ -<-i ~/~//FI .il I /. db .& J ' I.,.. ,/~ ~ <2 /. d /, &{r,J //~ ,%'/ /,~6 / ..I/ ? /,d --:ry~ -~ ~ /,~~ ii, .,I, .; - ./tJ .. -~ ,>J )>.2 I >{. ,/d �r:t'~i ~y ~ /~//9/ ~C,(· .,. -d $J<. I~ / 3 ' / .~~ • 2 - •/ /~ .9 ✓ /.d ,f/.:r .J- #"'3 I.&? -:; . ~ ~. _;e./ I· /~ ~ /f4 'r ., , f ~~~ g-/ Jf ~I ~ pl /,d'l -&'d?.d5- ~ ,. ),d1 ./ct C!,,l ,9tJ "' ,/tJ , / ti) ��':d'~/-.~✓"4 /1/ ~ ,t;/ ..r. ~e C!J. ,,...%<, 3 -,,,il 1' -3, ;j J ~1 ~ .,- ~ / t. ~~ 4 c;:,11 ,-.C-,;. j- ~·~ ..,.,,..,,,_,~ ./17 ..L ,e . ., ) J _:;? ,> _J //1 1 d- .,I ,ti) " �~ - 2~ /,d 22:k /~ ~11 ~-- y~ ~ _ ,J/, 1 7N ~ ,>-~ 7 /4 Fl - (?, ~ :r...?- :;;Sr< ..._ ::)t ,.1/:J. ;:-/:#-~:!:;Jka,c,,;f',,,,, ..Jt - C: .J./-'>/l_ _q4.c + //2,,,..,.·1 , /?J~c:, ~ 4-,.., , t!l,~ ~-- =~,,._...,,,....~_-..../4, C' a .../j :z,,A.:: , 7 ~<'~ A' �'-' �~~·- ~'7' I L~/-!< ~~ ~ JI-< /, ~y ). Ji IQ J_) /.Y~ /, ~ { -<.. / I ~-y~L / ~~;?~ ~✓ ~2-.-::~ "~ L ~-d c~ �~~~T'~ / ;L, r/ >0-.>_,...-~ �"t /.,.. 4,tf' "'?t o/. P1/ ,;...~--. -r; f"f'I ,,r ~,1/r , 6 'I ,. I I' ~I -- h?; 1~1 �/ •.3 ,/6+ // /✓ 9 ~.JI /, dlt, �L �\... .,.,. �/;2/~f/3,;s- -~/> . .{]~ ,ff 3/ ,JI-/ , /,~f .7'...-Z .-!J'::l.. I .:::t.. I ,.J..J :i. ,d<:5 ,S? /1./)~ .~d"" I/ ,ff~ • �;,r/J _:3 ~~. /J A ;? )~0·~ 7 L i.:)t ,d) _,, 6"""'/ ,,f .&I, ~ ~~~ ~ .l/ 2.. /, J-? �/~/ ~/ ~~ ~6-, c3 J, /.d /,~~ • , I ./ ~ ~I,< ~ ,/6- ,.I /,.2 :l._ /4 ,I ,.J/2... ~ / /,~7 ~/ _,_)t ~ ."I~ L ,t!J J.y ,d ffy~ /. ~1 7' ~./ I~ .dJ; y #.,.,. h ~.L,J) >l / ~ -\,'t) ~7 /,jJ $"' /~,,7-, -.- ,%1 ~~ ,.1,:3_- �j-.• ,;:wa,,,_,...,= ;::;27~ fy ~:;Z. ~ ~✓fl ~-2 ~,,,~ ,,~. ~~ IL.!) - /, d9 -t-~,:!>,_ ,11/ �<• /, tP l,~1 >~ . - d; .,, ~~ ~ ,$/. )YI q ~ t- ~) ,~~ ~. L~~? l~J .,J9•.Fo/ ~ ,:;) L .cb - .y· ~~ ?"-, .~ ~~~ ,-'/ / ' -..... ~ . -~ -<--,ff~ 1 �~ ~.r~z~~ 4{ ~ . ,4:) ~7✓/4-L- ._d, 7 ?-d_ ~-~-~ ';;?n ~ �,d ~ A~ .../~ .. / - d. ~ ·"' J -;11 -I . .,_ ./ ,2...,:;:u -...Ge,, ~?z>L , ~~ y / 17 I g"::i...._ ��I / I "/ ~ -r ::r¥ ~✓r ~2 ~· J 2- t ~ /, d .:r/ c£.. ~ ?. ,~::/ l 7 ;, ~~ )H<="J.->~2°7~ 1 ,r'.,. j /,~~ .JJ ~ C Lh. • l d /t/) l .J > ~ll I~ & "6I �d-/ .y - ~7 ✓ I ,/a .~&-' JJ ,. f /2~ ';?7_tt:" • ~ --3 s /-d'/ < ~/, ~ ~ oL:zi~ ~-ri -, �j- 0-L.. ~i w ,/ ~ c4,?-....u?.">-\7-:, -{4 r/J �l ~...--~ // ~/ ~.A-2'.i. ~ Sy /F. 3-1/~ .,.,. 1.;,1 • L'-A ~, ,j C/21, /.,); . ; .. d-. 1-: 4 7 c !:Ir ~~ jJ:,e,r/ ,£ j, ..- 27~ e. ~-µ,-A :>. ,µ,/ t:7?C, ;<I, ~~,,/?; ' j (!. ,rv'~&,,,~ • .:!,-~ /. d �,. j �/If'~ ~--7--~ 71✓ -L /Jt(C,(of'~ w~ II ��() INSTRUCT ION NO. The Court instructs may believe kins that from the ~rem the evidence certain statements written le~t to Mrs. his home on a .John they o. Haw- to Kersey, yet again st Kersey and the the jury that as Kersey that the accused, Hawkins or others nigh the note put on the jail are not to be considered Moubry told insofar instructs believe tba t al though man, referring such statement The Court also having that en t is not evidence must disregard ed. evidence be bad the right such state the jury of the porch, is concern- though they Kersey, made as to 1:ouberr glary yet jury or having such statements by the j\lry as evidence for or �..OU OI .ri;tl '\:0rl ,t rl? ,.. .'l . l J. -, t sv: "fl- f( ( ;- ·- ~ f'!JJ • 'Id11 o;t ~.al 'I e ·i'IeJi al '1: ;t it OL lc;t f>n I., .s 'l96'IS~ A'Ie2I J·e 'J e ·ne .t V .0 I j" tl !I 0 .t a .ed ~c1ut 61,.lJ~ u:r 1·an.t :t·1uo eriT f'., < cLll.£.8~.6 '''I8.1_ l.JC.d;t l. H j' ed·t- l eb V e J +.., a OJ. ;:t 0_1 1fj j n :JV<;1.i:.£:3 Brf ' .d .t - j- .GS ' a .i::a .... .... ... ... If' lf8 ;J-ar· :) •r .. eve _:e i o..,IB eriT ·ne .t e e.rft e .t it .B ;j ,; £ e rl , -XO 'IO "I 'j: rt J. ;t . a ot .t oa a'l'..e j- "'£!.i: .s:......B �1: INSTRUCTION NO. 1: i ---------- conviction The Court instructs the jury of the person accused of crime that to warrant ever fact the necessary to I I I I, establish his especially is this circumstantial with , that the Ii II II! I !I I, I. must be proved so where, evidence the utmost ility Ii guilt evidence of guilt. care as here, alone, a suspicion The accused the fact of guilt is proved sonable hypothesis of his a reasonable a conviction which is always and caution. creates beyond It is sought to be acted is not sufficient, of is entitled to the actual innocence. doubt, ilt and upon upon therefor or even a probab- to an acquittal exclusion unless of every rea- ��I STRUCTIOUo. Th Cou~ vie ion :ust b i. truct t e jur e.y be based on circum;;tan received ith great lal innocence of the The Court their verdict thy t e bloodhoundts bro e and entered .rhil evidence, care and cut shown must e elude every reasonable th tha on, such evidenc nd the facts hypoth sis consistent cused. in tr c · t · j ry are not to consider conduct as evideuc the illing station n co1sidering tho evidence to ::,howthat f Hawkins us to Mouberry it:1 �• �The Court charged muot be proven doubt a to exclude of the instructs the jury th t e bt.yond a reasoaa.ble to any s .ch ffict, they shall reusonable hypothes;L every accus-ect; that tho of two :tnte:rpretatio1uJ, can.not arbitrarily o. opt jury fo n0t 1..'Ytuct oee_ ce, hich tlIHl wi tL the the offense is o. reasonaLlo mu t te of tho evide.ce · nd be consistent at l:1,'b0rty to guesa :lnterpxetation there if thAt tho result one of which is cmnslt,·umt that cy to con.st.i. tuto do-...bt, and that acquit; o-f i necess o ly i1i th the cuiJt whe:t•e a ft:iot is au.ecel)tibl.e innocenc inerimL:i.ates 1im. of tr. , octwed, the, ��INSTR.lCTION ,.o.___ _ 'l'he Cow: no matte!" now strong, instruc-ts the jury that or. not s fficient mere auspiu1ons to eon~ict or probability t.l:.e accased. of euilt, �o i l ..U sdo't '!O ••1 ..tqeua nem t• •.&eauooa• t to.tv 00 t erl ot t~•lo1tl·a a;hunh toa n• • o~ta w n ~•t . o �){ n1sTRUCTION No._A __ The Court further that the note found on the jail a conf'ession of guilt. by him. instructs the jury that porch was written .ut~~ Ji by Mowberry it cannot be treated as ��1' .... --~ t--1 ---- INSTRJCTI ON NO The court beyond all instructs reasonable the jury that the burden of proof doubt each and every allegation any important fact is on the Commonwealth to prove of the indictment, necessary and if the jury to convict ,,, the accused of �� 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. John O. Kersey and John H. Mouberry Subject The topic of the resource Felony Break and Enter Larceny Description An account of the resource Defendant charged with felony break and enter and felony larceny. 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 The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_012_014 Hawkins Kersey Mouberry https://omeka.lib.jmu.edu/erp/files/original/Virginia_Court_Clerks_Association_[VCCA]_Records_Oversized_Miscellaneous_Materials/VCCA006_001_003.pdf a07de89065bdaeaa35cc367997d283fe 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 Virginia Court Clerks Association (VCCA) Records – Oversized Miscellaneous Materials Subject The topic of the resource Virginia Court Clerks’ Association—History Court clerks—Virginia—Societies and clubs Professional associations—Virginia Minutes (Records) Scrapbooks Photograph albums Newspapers—Virginia—20th century Newspapers—Virginia—21st century Description An account of the resource The Oversized Miscellaneous Materials (Series VCCA006) form part of the Virginia Court Clerks Association Records, a collection spanning 1894–2023 that documents the professional and institutional history of Virginia’s clerks of court. This series contains bound volumes of annual convention minutes (1910–1953; 1954–1961), executive committee minutes (1993–2003), photograph albums, and scrapbooks recording association gatherings such as conventions, banquets, and training events. Full-size newspapers and clippings from 1960, 2005, and 2015 provide contemporary coverage of clerks’ legislative initiatives, organizational milestones, and the public profile of the VCCA. The materials highlight the association’s role in fostering professional development, building collegial networks, and shaping policy within Virginia’s judicial system. Originally collected and maintained by the VCCA Historian, these oversized records were digitized as part of James Madison University’s Histories along the Blue Ridge (HBR) project to ensure long-term preservation and researcher access. Creator An entity primarily responsible for making the resource Virginia Court Clerks Association, VCCA Historian Source A related resource from which the described resource is derived Virginia Court Clerks Association (VCCA); collected and maintained by the VCCA Historian 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 1910–2015 Contributor An entity responsible for making contributions to the resource Gideon Schwendeman Alex Click 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. For additional information, see Creative Commons Public Domain Mark 1.0: https://creativecommons.org/publicdomain/mark/1.0/ Relation A related resource Part of the Virginia Court Clerks Association Records (1894–2023), Series VCCA006; included in Histories along the Blue Ridge (HBR) project, James Madison University Format The file format, physical medium, or dimensions of the resource PDF Language A language of the resource English Type The nature or genre of the resource Collection Identifier An unambiguous reference to the resource within a given context VCCA, Series VCCA006 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Virginia, United States 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 Scrapbook Date A point or period of time associated with an event in the lifecycle of the resource 1939-1989 Subject The topic of the resource Clerks of Court Circuit Courts--VirginiaScrapbooks Newspapers Articles Programs Description An account of the resource A scrapbook containing newspaper clippings pertaining to the court clerks and conference pamphlets and programs Publisher An entity responsible for making the resource available JMU Libraries Creator An entity primarily responsible for making the resource Virginia Court Clerks Association Contributor An entity responsible for making contributions to the resource Gideon Schwendeman Alex Click 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 Image Identifier An unambiguous reference to the resource within a given context VCCA006_001_003 Abagmale Agnew Akers Anastasi Anderson Ascue Ashwell Atkinson Ayres Baker Balderson Baldwin Ballou Barb Barry Beach Bell Belton Bennett Beverley Black Blessing Blevins Bosang Brannon Brown Bryant Bumgarner Burge Byrd Caldwell Carrico Carson Carter Cartmell Clark Clift Cobbs Cogbill Coleman Compson Compton Cooper Cosby Cottrell Cozzolino Crider Crockett Crouch Davis Dean DeHardit DeJarnette DeShazor Dodson Dorman Dorobiala Dudley Durrer Elliot Embrey Falconer Fallen Felts Fentress Figg Flanagan Fletcher Flippen Flippin Fogg Foreman Foster Franklin Frazier Fruit Gallagher Garrett George Germelman Gibb Gibbon Gibson Gilmer Gnadt Gold Gooding Goodykoontz Gray Gregory Griffith Guthrie Gwaltney Hall Hambleton Hanby Hargis Hargrave Harper Harrison Hart Haymore Hening Hill Hinderliter Hodges Hogan Holt Hood Horney Howard Hubbard Hutcheson Ionni Jacob James Jones Judge Keith Kersey Kidd King Kirk Knott Koontz Kremer Lacy Laine Livingston Lookabill Loving Lucy Malcolm Marks Marsh Marshall Martin Martz Mathews Mauldin Maxey Mayo Miller Mink Mock Moffett Montgomery Moore Morris Morrisette Moss Mull Murden Myers Neal Newton Nichols Nulton O’Hara Oliver Overton Parrish Patterson Paxton Payne Pearson Perry Powell Powers Purdy Reese Reiley Roane Robb Robens Roberts Robertson Robinson Roeder Roundabush Ryan Sandidge Sayers Scott Seitz Semonian Shelton Sherrard Shulse Simpson Sinclair Sisisky Sizemore Slate Smith Snead Snow Spain Sparks Sproles Stiles Stokes Stovall Sturm Sunday Swanson Tatum Testerman Thomas Tidball Timmons Tobey Traina Trible Tucker Turnbull Turner Upshaw Vaden Waddill Wagere Walker Walter Walters Ward Warren Warriner Watson Whitacre White Whiting Wilkinson Wilks Williams Winn Woltz Womack Wood Woodward Wrenn Wright Wyatt Young Zuckerman