1
20
1
-
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 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
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