1 20 1 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_005_122-commonwealth-v-hh-life.pdf 738baf90cd386093ca39ced7a03d1c6b PDF Text Text L:,t=t, f~f fl -------J✓ ! ,}. _/0_~---~~ ......... ;~····} ;Hf{~~/l~!;l _( ___ ,4 ~ ~, ~Jt ,--.____ i✓ :7 ~·-~ -A~fvv.-{_, __!~,lf,L~ I 1 If 't ~ f, J1~ ,r-v l'/1-,ffJ~ ~ ~-- y_ ~~ 3 ( j~ /;r, f'L',_,,,..__~ )" A. 4- C �l~J 1 7 'i �I ,. • ' ' . o. tn structs The (; ourt the acn· be ilmocPnt d. to re,:>,.:c:on·;.lii e d,.'>ubt and if r u.sor u.1)10 dcvbt tll ir duty bect?.uoc the they to convict onder.mce evi tho f $Vid .. roven of in not nistent '"i th h:i.s innocon it su .. · crts to vra.rrr.mt hi._, conviction, if t}w l':is th uilt nee v.r,on which he o n be L1:1occ::1t. any it law nc.kes is ereater in 1L, e;uilt, I re • ch rgo jury to be inferred ho 1cv r strong, nufficient. nee the ll beyond of the t ·1ith ·,. be cvnsiate :" ilt,, guilty .ho accused, 1iif; 3uilt. l ·•vr pre5umcs rn(ln i•rov n of his nor ir t:1~t the jury th ·.re i r. ur-on th acc-1,uit him. f cts . ha is untll o · t1 e gu· lt m.•~, be inco. or probability but t I ------- not 1.0 i, m aplctor . n1 :fie: rei~1t t b nt or .ro- in ict,ne11t, must be 1,r _,v n so �1( �T • No. 2o 'rhe court er at all the instructs bar the burden reasonable trial Laton circuit the prisoner swear as charged secondly, the given by said testimony the That his Jury the Jury Life First, believe case an honest find the That Ul)on the on indictnent on the d.ir .. wilfully testimony for 17th felony of October, nncl lmorringly ras to a material falselY doubt they of all as to sh~ll belief prisoner in that of' the evidence that r.ras true, tl1at not the rhether find f'rorn tl1e evidence aforesaid fact 1 consideration was m2terinl, in the under shall ring fcrnts: any reasonable Life the prison- indictment; on a careful entertain by said If H. F. Life to convict comLtOn".7ealth to shovr beyond and Kemper Hensley in the And if Jury in order Co U't of' Hoclc1ngh8.m Co nty, 1908, caseo that is upon the c1-oubt the follo of Reuben, in tho the Jury the said the Life ,..;,il ty. • not ~uilty. testimony or that statement evidence given he g.1.ve such 'I s true, then �·£ • OH I Y, .: • ,• . ' ♦ .. • .o .' .[ I • :.. I r �The court instructs viction of perjury falsity of the ing the falsity and the ho1ever, there statement alleged legQl the scale presumption circw sta1 c s, applies ~iven by the accused material or neces~~ary accused, one .-i-itness 1 or the circ stances the in1ocence. alleged to Proof sufficient , ifying O!' tote to f cts show- of s ch a character oath to establish if' believed. of the This accused requirement, and corroborating of the falsity to be perjured. to be proven tes a con- sa1 e must be established or of' ohe Jitness only is to be perjure and overcome of his of t10 v,itnes'1~s, to !Xlrll.'§.Xi authorize o witnesses state1..ent, and corrobe ....ating to turn that st bet I of such by one 11itness as clearly the Jury of the testinony As to al_l otl1er facts the guilt by the Jury. of the �t �. . . No. The court instructs been perrritted trial Life in this the Jury case of the Henseleys, on that trial) trial ed by this on that 1as admitted was in fact true T e testimon~, given by Life charged true Gr itnenses ms testified as to the testimony or false, qnd ia not to be consider- unless the ,1itnesse<J uere on the Hensley on this tri:11 Jury upon t: e q estion in the inQictment fal~e. of Life of ;vhether the testi1::1ony of J,i:fe hinself byte of by the or not the testi1,ony character, have to on the a 1d g~ve the testir.'.'.ony over again to be considered as in fact as and is to be considered "as of a material case the testimony in so far that of nhether sworn in this course, to tell Jury u:i;)Onthe question trial that the Ba I e ( except Jury only upon the question on that 4. to be perjured is, tri of of uhether tcstimonv 1. �'' r. t r • �•' r ... No. The Court instructs evidence that the Jury the :prisoner against LaYton, alleged in the indictment, case, portion thereof readier tells the vas either to give 7eight or to give additional the testimony in that And the court J ry then trther rhole or in Pa1..t as • het that s in3tructs iali:ty is of no importance to the to induce the Jur~ to give to other part w.aterial tended to prove any of the the co:m:.onwealth against 1 aterial isffi.l.e or point of the evidence, cllrcumstances, of the accused to a material in the case n~ttor, i th resr>ect of H. F. Life was materi the Jury if for,Athe in perti1ent respect 1ch testir.:ony insues if such testi111ony or arry crefli t to the testimony ni tness er such testimony to the to the substantial and force of some other matter, in vas material directly case with from the in the case of the Co ir.ton:realth ca e, or tended in that as a 1itness they believe if then in determining cm:~cti M~B credence or tended material testified o~ ~uch testi~ony the court in question that Reuben and Kemper Hensley or any portion said 5. said that the degree testinony matters hi self or to tr) a 1• of n,a ter- of the accused in the ~aid case of Reuben,Ke per and Layton Hensley; it is enough. �1/, l .t �• • .'. r ' No• The Court instructs by circumstantial circu.mstances absolute facts ev:r~nce established and demonstrative and circumst·mces .£. the Jury that it is not essential or A. reasonable that the facts and should produce on the minds of the jury certainty, but it is sufficient produce a moral certainty jury of the commission by the accused exclusion in proof of guilt if such on the minds. of the of the of'fense charged, to the doubt. 0- I • �, .. .. ''\ �T • No. The court instructs the jury as a matter are not to go beyond the evidence to hunt up doubts, to entertain such doubts as are merely chimerical A reasonable doubt nru.st be based upon the evidence, to :p roof of the guilt It nru.st not be an arbitrar doubt without evidence quittal. for the j ands ~stantial in order It nru.st be a doi..bt of a material 1. y to believe to find a verdict im.ma.terial a d non-essential cir01.vnstances. nor are they or on the abof the accused. to sustain to warrant fact they or conjecturalo sence of eviclence essential It must be serious of law that or facts of conviction it. an acnecessary and not of ��\ . ' ' . ' ' ' "'o. ~ rnstruction .t~1e Cov..rt instructs ve:rr' i• t tn t"1is til •1idenc oz the ~viden e i" t e i.:: t j_j_ t. ey r, re the ju.r~ evenly cons l is not .1 :a 1· t ~ 1, tl ·01 · nt u ·uo. es of t11e f , ts and of' t to be p;i von to Yfhen ·11t.11ess s t st· ound to :rs,g .Td .l o). inin,e- .n t· t 11~ int.ere o. i te t· e · :oi ht of tt0 ,,·t t. ey h 0 .ve a rt ·· t in cl .ter t· "'i:r J'e].· tionsh t ...., ole in arri•1in"; and. of t e .. ci · tnesses or any p .xt of it. to e c11 o ,,hPl', j s:ry th2.t, a. e, th y are the <>:r cHi"· li ty t: e the Tl to t t curU.o:r. a pre. t ·nt 1.i~~n n, t er· son hlano ~ o~ o:f' e ·,,. 1eqn v.,.,nril er on t1' tr'i. '.\l, R.i1 to ·.:ve 01' . eny C. Cd., to �', '. \, t ~,~ ... �\ The CoV,.rt in ...tructs the jury that if any person to whom an oath is ~lw~l sion ·wilfully matter swear falsely or thing. in Virginia k ad.ministered on such occasion, touching it is perjury on any occaany material �\ .. \ ' ~,' ', ' �The Cou.rt instructs they believe the jury as a matterof from t e evidence and Kemper Hensley, that in the Circuit ginia, on the 17th day of October, called in the progress administered said thereupon there " Court, or~its testified to show that oath laifully by a Court 1 19 © 8, l)risoner " and that to testify in said can·, proof upon the part en having jurisdiction to try by the the said Hal Life in said Court, then of the Commonwealth at the time said Hal Life testified, and in the trial Hal Life ·was an oath ~as then in said cause at said time, administered Reuben ~ Clerk or Deputy Clerk 1 and that need be no fu.rther of Layton, if Cou.rt of Rockingham County, Vir- of said trial to him as a witness in the trial law that he did so under of a falonycase said case. in and �" '. ~ ..'. :Uo. 11. The Court in8tructs the Jury l \t that if t ey believe :from ~! ..., �. . ' ... . Uo. The court ini:::tructs t}rn S'.all:evide1ce 11. the Jury that on the appeared in the Circuit Court ness on behalf of the defence in the Kemper and Layton ment charging the night of the larceny said them with court, or by its speaJ< the truth prisoner, in the after said oath said c se, a mile or Deputy testimony Court, 11ilfully 1908 crossing o'clock east on that nigl1t, when within he was at and about and that , and that his voice • of' the shortly the said and sa ancl thJ.t 1 that the to the issues said upon the '.'Fasn, false c ommomrnal th at testinony trial Kemper and Layton ~, on he, of the after t ..1 ...lve S'lid hous0 a1 d came turnpike three said he hearcl a men in said rragon a :.ragon one of t11c t.hree the t; and said at an' said Hal. case of half t e Jur prisoner of' the by Life, tllen the hour if' men furt 'lRS er rna.terial · cor:tr:i.om7ealtJ v. or t 2..t any port ion of sairl Hensley, v. Reuber,, nig of the and material of of the '1.nn. bad on it of E. L. Lambert or one o'clock believe the northeast and tl1ere recognized to the residence t7elve testir.Dny he then of the to the Hoa..1< ingl1 a1.. turnpilrn t rnpike as Reuben Hensley returnerl Reuben, on the night saicl wagon 1:as dra In by t,10 horses bo Past road as a ritness 150 yards left the said 1908, three-q_u:irters and. that by he rrould about until he then that and that testify of UcGaheysville on said case, that on -rms ad.ministered cl~Y of October, a house 25 or 30 yards wagon comin.z east 17th B'rore falsely by way of the Bloo! :er Springs that said an indict- to conn:it an oath to truthfully eaF:t of McG heysville railroad Clerk, as a wit- H. VanPel t, intent t.here in the on the uncter ·;ith prisoner, cor:tr..onueal th vs. of Sarah to the prisoner the county on trial 1908, from 1908, of the the barn as aforesaid 2°nd. of September case then entering Clerk in his taking in the Hensley, and that t ey believe o:f Hockinghm, 22nd of Sei)teIHber therein, if 17th day of October, Life, Reuben, I that to the Keuper issues and Layton of t1e said Hensley, then case the of �l " ) ~ ') ) l ) '1 l said prisoner is ----- �said prisoner of Virginia nor is guilty by confinement more than te years. of perjury in the and PUnishable penitentiary not mder t less than 1e la 1 t rm ���,. \ • f • - ~ ... f .. . �.. .. ' 1-_...nsl•-Ys nl? for f' lony in t Jury th<1 t f;tct l Octc\rer, 1_908, shall dr~tr.Lrnine hmr ; tu b in P, giv 1,n nu e rn;.i.d.er- the car;., l u'.: Ls as t in s1 id ·ndic~.~nt. ~ ~ ... - /; I .., . It --t t, l ~(_ 1, 11 ~ /. ( t.,Jvi i h~-I I ~~ } 0,. li-t, ' t-1-, l ~ I I e&erc J't ~t. h 4.-t. f �.. I ' ' T • �r • .. ' facts alon, must f} -1,1 not D OVP.TI a~ const·tnt ~lJ.,v " wt ions. �r \ • �i •: • , ~ ' r ', ~ 9 Th 1.. J t 10 .,OL t,_ i ), CJ cluniun in ,(, c ,_,c : f' N "' •y ..: } n•;lst u,, nd .nt, .. 1 t, 1 t.h~ �r • �f • ----- - �', ' . • I I, 't ',\ �.. J I,. ' • ' r .. '' • The in this , ourt con urr C "'C of th cuilt vidual member of of t 1e svid felloN instr befo:r no jurorn, eta nc in this shall ccus~d, b .c se the c :1victions · th r"'ference r is his b l· .t 1 1 la th cont·:m, latos conclu. ion ~ ny indi- o nsidered consult f'Ona1,l ce 01 th J jury ll ...t.ion wi t;1 his doubt s to d 1 ty not to su~rend-r to th~ rruilt L i dulr having and i\.fter ntertain convictions,, th· o n be hurl> r•nd if after case it y that jur of t ,1lve minds a conviction he jury, 1 the entertain or innoconoe t 1.:., hif-1 own different of the aooused. �, .. f • ...__ �,•., .., t .t b 0• n n. t .. nc+,R , n, ct 0< 1, 1 .t T ii-• tr e b U! d. ,n i ..,y, m'l t up n 1,, rm t f 11 ·. i at 1 H na11y ..1 in 1 , nt ,nt ct i. n "') '-' 1 f ,_ f <n 'th•,, 1'7t and L1 l.L l r /\ 01" 1 r n: i yt , Oct e, an, if c l .. r l' 0 t -o J .. it as 1 , 0 t , . Rock- o'F ~ '· .. in t C f' th l. ..v t.tl fl ,y y •:r•irlzi ·t fHct f in an Ju\ •. !)-, l,, 7 ,i iory n 1. , t l C ls,., n('!'lv i y ,.d. . n, i:>r-..) J t,V _ rJ. C s J. l L · \, nu , i 11 t ; a , r t. at l lx ii ,y;" fin t ts t, l , t ,8t1 t ~u , , 11? 1.- ta, .., 1') i on, • II dD .. lC, jt (.. - - , )TI , l , JU'.' •; �. ' �, ', ♦ ...' t The Court instructs the jury that f1 has through .pe?jt.trY oner, its the falsity inadvertence rupt motive on his part ... -est blished the bruden of proof' then r~sts to sho'l that surprise, evidence i. the commonwealth a:cie ce1.se of' upon the defendant, of his testimony or mistake f a after P,, PI lilici the pris- was occasioned by and did not proceed from a cortt t I �'' �-----The court t r,er,. on charged ..st·.r)li~h ~his th• r,reau . nt:ir J r.on:.. Jl co.omo !'lea,lt} of innooenc c s nd i...\ .l t .e doubt c uit b yon ttdenc of the g 1 lt very in thit', ot· the ·h,, rri ·ll 1 r ou.mes every eui his reason t is J1le dcubt,, und Tith eoes nr .li ~s e.t du ,y to ~ive lim. the ju:rw t }'- t the la to b~ innoc ,nt. until ntion 1 . · s their ~nd to cri1 1 d by the h.· ,ring haa.r re i · ;t ucts • n st, ee t ·ier of, an c ~o, acousod t1 jury th upon the e fit "'f'ter if hn.ire a whol of sue. c· se, doubt �' ': i ;. , ♦ ..• r ' �l ' • ''. , '· , . ♦ • T . 0 an· any 1.r tiv posit LY 'iWt ~ rl.i:!•f ct. ' (,,- J ~ __., ~ &i re,__ 7 vi ; 11 f I ,,,.. ~ ~ .:...c ~ I �., j r • �• • r ... ~ crnric tf- Lon a r,: I V\. ' ~J ; t ..f ~ 2 c" ~ ' Ir... I ) I, ,,_ t .....: ~~ t/ Ii, I l Ci fi--. /1 ,- )'j, I ~"l'J (.'/ Ii '.1 I ff- J- '2-- / I h ~ t /..,, Iv' ~p - If~ ~ I"' - La,(. ; ,_, ~ a �r • �... . ✓ I SATU.KA'£ Orml1,G, HAL. LI, -W., . worn, 0C't. 1908. 17, tlrn dAf AXaminP,d for by ~ir. ants J:i '"''- pl.1,-, ,..,I"\ .so n·• vl,e Q You arA ·lr. Q Mr. t,o milns It H 1. LifP,? , . • .J:.> T _.JlJ.A, '!C Q Ro· lon~ Loys, Yns, I m&y say, , . :.:;ay t 111s Lurn 0 .,VO l 1 You recall Q You rAmAJl1bAr thA ni)1t ~1r HP";. 18y, th0re? dou . ill • I"') L . hA&rir1g· about throu~h rrr,11, qi_. --- i:-der- .l le&d.s off pike go11 0 to vo.rc s i.ras 0 A 8PptA11iJ1~r? ~?,r:d of jury about 25 ·,o;,c,ntlArr.An,I sa1 thP. boys A o my boa ding- plac ,. lieub-•:1 talking pike It I am confi~Rnt i~ vas . t aero, h~d I as P t ink thAy sa me, bovs. C, from t..1A off ~ 0 I re, t l~ 1•Y-, ... .... ~• p "-4 ,..--, .I.. 1• C' ' t suppose, acrosq to thA pike. coming ac ORS v1as,l I t lat Ar than ancl rAcogniz8 the T1Ar8 1s a roa~ t irns 8• it any tl1i rio, a:1d t \Ay nevAr said him a,~ I don' a~ t.J=)Y 1 -':.hP. furthnrest do~~ t an~ KAmper t, or nAar ni~ O0mer Springs. L1A 50 0 the ifoGahAysvil from 1 I heara :. ? '0 " HAubA:1. PnslAy'~ voice. t~. that Th0 aistai1c All plAhSA McGahAysvillA. A~ comin of 0 thro11,.;;r. i,1C'Ga_,Ay,vi.11Athat Y0s, A morA than it, thAse thrAA boys hAre, ~AUbAn, Layton goini I r8cogni said Do I recollnct? A • or r,cognizAd ere ? Q Q cam·, A I havA kno n the aright. YAs, A 1s of ny life. all r.oken on...An of Jv1r. VanPP 1 t stand i~y homA sir. avA you k o~n tlem? Q A , • 1, an9 ,, . Vl .LA. K Attst of Blr. sir? .ilVA, A Hensley Yes, his any L1ing. this not They roa. t, ,;lve. half-past voicA, a A-::, J. \, C..'. \. • v, I nfn 0r I din.-1 t RP.A 1 �Y/ I '~• , , ~ . • ' �, I . ,, ' • • r --2-- Q Can you saw ho mhny nAn 'ArA 1n thA ra~on? I could. distinqi1is Slr. - ivin1 a t~o 1 thrAA mAn in thA soundP.d to mA 1 · kA it to bA a loac:Rd it it o~sp te m, A YAs, ,ragon. on th9 wagon, and it a boy .as an 0mp:y wagon. I 0'1lrl_1 1 t r.u[ipo e 0 a,,on, bAcaus9 it ~'as running likA a:: A;-,1 ty body. Q Q orl Yn'3,sir. A HavA you any doubt of tlat fact? A Non . i:1 thr1 • Q That was half alf-past than at Ar :wAlve o'clock. Q You ere going Q 1 1h13rA as some paintin'-s t ·Alve o'clock? nast ... UJ. hP.rP? hat? A To nv bo1:1rci.n;J' pl&C9. A " 1... f I s. At w.. L. l1anu0r.., t1 ere c1.t } is oing I was - se. 0 A Yes, sir. A At :hat ~ime I XQ IThat is your occ~pation? I ~as rais9d painter. on a farm. XQ .-1-iat is your occupation? say I am practical 1y as a a labori:1g A Jel 1, I g11Ass I may nan. XQ 7hat arA yot 1n fact? You say, "practically, a are you in fact? A In fact I am a laboring man. XQ At what do you labor? A Just Fha tAVAr I can pick up. XQ How long have yo this time? XQ Yes, sir. months, A I have benn home, I guess, about two no v. 1 XQ How long four A At been at McGahAvsville? ,. A I hai , D9"L'l a my mo ths. A B8Rn to ClevAland,O 10. �T·, l •: • •' ~ '. �. 1', ... . . .. I j , ' ♦ .. '' '7 --u-- XQ How long vArA you hP,re before Ohio? Hov lo ..g ras I here? A XQ Yns, sir. The br~st part A I was rai sAd do 'n t herA t -ro miles that east XQ How lon~ ma, it bAforA you left you ha befor8 ,lsA? you :rP.nt -:o '.;lAvela?:<1, bP.P,D thAre, BeforP. I had A XQ Yes, sir. I suppose. of NlcGaheysvi .i.e. C evAlan , Ohio, for you had beP.n ara SOI'lAVi ~1Are a.ay somA.r}v~rr'3 8lse? bAA:1 I don't A of ny lifn, kno:. I arou d home about fi or 6 mon~hs, perhaps, I h·i1..I_r l ,S, 0 bP.A:1. befo~e I vAnt to Cleve lancl, XQ had you bA8n bAfore tat? XQ Yes. A I as do.~ A Maryland, 1~ 1.- ail here had I oaai~~ on the B. & O. ',7ell, A can't rernAmb er ome the best XQ y0ars 1{0~-, that. part Aro 1nd. hom9, I suppo RA. of the the fact ··v·11 t you? .1..u for the J. is, A I was arounrl time. ave b00n for the last yo 1 1 A::---J. as muc} a ,, you hare bnen or more away from do -n there therP, I just C! I havR Oh, no • ast fiVA yAars more tha~ I have O''P.Il around rorne bAP.:1 a ay. XQ You ha rA bAAn away just as much as you havA bnAn at .,. 't say th t .., a.,. I said I a'l A I a1o_n ho me , ha v ' n ' t ':/o ? :i beAn around lame more than I had bA .~ a ray. XQ During thA last and awhilA in ClAvela~d, an_ 'hPreelse fivA ha VA be8n around a ?:ood bit home or you sta·a Ohio, and a hile have you bnen? one placR to another years A when8VAr it at McGa A sville, I can't in my ime. suits somA in i1ary and, just recal • I I w~nArally ~o from ne. I hav9 br-rnn at than I have b9en away. XQ Hav0 the placP.s at 11,hich you ha A live 1n the last �• l •, f I 1., �• ' r '. ' --4-five yAars been so numerous that you cannot have bAen? tl at A I guAss not. I could good bit Baltimore; " OU much mo ey the country. A I have lived years? ha~ that , 1 XQ At what iffA ent places five . V'.lAT so numAro Rl., , but I __a n bAer: around a travel OVAT I ha 'n't tel 'avA yo~ in the last last ivAd int five yeirs in I havA ivn~ in Cle 0lan ., Ohio; I havA lived Pdforcl, Ohi.o, and I guess is about that 1n al.l thP. places, Brunsivi k, -viaryland. XQ About hrAe of thoqq plac9s commP.nce ritl "B", v1hicl is th'" b0gi: r:ini of t hA alphabAt. see if you can't give us the namAs of sonA more places? J:{undo thA alp_.abet :n and A That 1s about as _a as I ca~ ~o. XQ tou stop wl en you gP.t that MB. HA.tuns: 1~K• clow:.-:the a far Do you think hab9t? is proper? that CON.HAD: I don I t think it is t but l <liu.nJ t t 1 ink Jr . Har :r i s ,.,01 1d obj AC t . Mrl. HAHHI.): Ve ha v,. 't 1 XQ How mucl of yo r time in t tin(~ for pl easa.~ try. last 1e five Cl nars avA you ben:1 a ay? therP at home more t1an I lave XQ If you don't ho .o you k:io A I knov lo been a7ay. h.no · how mucl: how long you havn XQ Ho close? I live XQ a.t home in t 1at time? ad to be with KernpPr Hensley A Mile. her8 do you live? XQ Do you live A bP,8."l you :havA bAAn a 1• ay much time I ha A bP.Ail a~ay. XQ What occa. io~ hav0 you XQ 1r1A on A J~ast of McGahAysvi lle. hA Hoch.ingham t11rnpike, or ihere? on thA tn npi.ke. o mi le s Bast of McGa.. 8YS i 1.,o? A Yes, sir. �r • • I' �--0-'7 XQ 'u'Tha t day of thFJ XQ That as VAry fort A TuAs _ay. '"'as TuA~day? WAr>k nate for you, but unfortunate for me. r•r 1, XC , Pr0 11a _ you b A r., • he cl.a b P. _,:,OY'n? ,.:1 ,j_ I A - s)RAn a. painting. A ~7herA? XQ e. McGahAysvil XQ At hut Dlac8? .I. .hat XQ hac. you b8A:~ I was taking guRss oing the day bAfore It my leisur. A I L,at? Sun<lay th9 day before rhs that. XQ You werA tc1.ki:ri0 ~rour leisur8 t bAfore? l<-3 r-"'1.civ A Yes, V ir,. XQ Th8 fact 1s your usua your 1fH ' sure, is that 1' sn It 1. t?. A I don't tion you c&n ace before I ever that. staterJAnt waq it a hi t.at thA that's a ques- ination minrf., vrn wiL'._ take ·o.gon that likA an FJmpty w&gon? sounded. taLine to carA of sugg~. tAd to you to volunteer ago that A know that tA as propP._ cross-Axa MB. H/J·H-ns: XQ 'hat occupation, the 11a<:;c,Arl by tl.ArA 'That ma,.A me rriake testate- A ment? XQ A I l'!h-1t su.r:>;,~A tP.ri to you to voluntP.er on't kno- that t.11P. tatAmAnt becaus, you wantA~ to ~et XQ A 'fhy _1 1 Simply bAC&.USP, 1 anyt i:1g suggestRd I tho· ght perhaps thA sta .,rmAYit? t_1at rmnark. that I ma, ·as tl e quAstion at. you men ion it SOU:.1C~P.r,_ t ,a 1:- it thus , o.s ai empty 1 H.:son? 1,n-i.y. I unde~s tooo. you to say that you wAr0 con1n,:'. ovP, A I said from t 0 o 1 th,~ mai ·-: street I was going to the Hockingham of McGa. Tur~pike Blo0mnr Spring roa. XQ DoAs t1~ RloomAr from t .A North or from t 1A prin road South? comA in o t}A Turnpike �·, '' ~ ' f I I., .. ' �,, I . ' • • • r .. --4-XQ The Bloomer 1.ester"l the dApot? left towa~ loom9r A' XQ ThP roadc; fork and t e ~lo Jn r Sprine nally? A "?rom !..J•• prin . A jh0sapPakA & Yai1c0.y's it t ris to th0.rn, tlA .t--?ockin::t'ham piku going on roa .. turninO' of~ cliaG"o- to thA lP.ft, Yes, sir. XQ ~herA had you be0n? to t8 .1 that. but I fi1i pasrA~ t road Ho, sir. A st Sprin it A . nAcessary? A I I do_' A<=1 inf~ kno~ that to t 91 l I carA I :~ac: <-i"ffn 1 been. XQ ith a l&dy friA~d, allow IDA to state. Arl. STT~PH1i:N00N: Have you objnctions for reasons ,erso a to yourse 1 IT 1 J'i:i1 ) ,) • YAs, sir. to t0lling f? ("I ('f. JJ-{. STFPHW,H...,OJ: You have no rio;::t to asl' the • nAss any ques t'10n tlna~~ may . reJ .-,1ACt uuon him:~rPrc;on.ttil , hiC'': is not connecte . i th +1~is casA "tn+a~1y. V,ay, s 10.pe or form. It may teno vO .1si:;race :nm. MH. _jONtlAD:The witness _las not s ch thing as tl1a t . .. CO_T.HAD:But t -'~ ritnP.SS s ta tr~mFmt. !H. HAHr:I-:;: LPt tion. THF.~oe~T: I w·l CA tion XQ Do you say that tend to disgrace the l&S Jou t pass allo statno not any on tha~ him to ans1P,r. for accusA .. ) thA ans~8r to that quAstion that nlchJ} ques(Ex- will you? XQ The ansle'er you? Mr. to _ at quAstion would b=md to dis race ·-:oH~ : ( To t P, Court) A pri vile•g, o_ er, if the Court p:iF~c.set iR not one tha :h,~ •1 itn0ss can arb1tr rily dete minA for himself, any more than _A cari.. arbitrarily det .:rminn for that charac imself him.. tha thA a~s·er ould incriminate If tne Co"J.rt sen L1at :.10 Jx- �" r . • ' ... �• • r ... . cuse is not a bona fide require him to ans·aer. one, co_ RAD:The v1itne. s says incrir.ina te 1ini. THE cou_tT: I Tiill care t.o bring HTU..!JSS: I Court will Uot of me, uni·~.erstand. TH~ WITUESS: R. the ~1ill not it 1 tend to excluse the question. I don't otlrnr people's nan es in here. thanlc. , o· very mnc:1, yo· r Honor. I have t.he right to make this eras~ -ex·::i.uination for t' e purpose of being able to sur:1:: ••on any uitness that nay be necessary to rebut or contruclict tllis witness. If I am not permitted to kno. where he has been,or ,10 he has seen, that cuts off the possibility of rebutting him. MR. CONRAD: 1 THE COU:H.T: I think the :1itness he had been 1ithout stating was in company. can st'lte uhere 1 itl1 .~ v,hom he HAR..TUS: He said he had been down the Bloomer S.Jring road and was coming UlJ to the ublic ro 'J.d. MR. THE cou He need not , tate .ri th TTom _1e ·:as, but where he uaf.:l. He can state rrhere he vms v,ithout giving the na~e of the person he :,as .11th. MR. HATC{[ 3: can you state naming the er "on7 I a· R. CONRAD: e.xa inin ,.-,here you .,ere without this 0 ri tne s. think the question should be asked by the cor.con:rnal th 9 as to uhere t1 e :1itness 7as. THE C OUH.T: I 1 7here ·i1ere you? XQ 'There na/3 I? A XQ \T.nere had you been? night. I can XQ ·mere o-r a mile. I tell Oilly r' to bring care thing on my Part n lady of the tho la ? question -- to tell no, get Anoth,,r thin.:;, ou uh ere I "Jas that 11ora than .v11ere I was that the on the you. g lady not A yo any re:. lee tion in court. ? into A !Io, sir; tell this. to tell XQ Do you mean that grace OU. id you co .1e f'ror decline don't . I can't A case. her not night that it becquse I 'fill be . ny ld. tend to dis- part. 1here you were sir. I don ' t at all. I don't I don't three-quarters care to tell 10 ~ care it 'HO for lcl be her TThere I was. to �T • + I J. + ' ... ,- I t + o. I t .:. �Furthermore, I wont unlecs I have to. THE COURT: I thinlc the witness should be required to tell VThere he was. It don't reflect on the young lady in any w1.y, and I ee no reac-:on -;_y he dho ld not state ·1herc l1e 1.1as. XQ If of to this anything lady about XQ part uhzit yo 1 1~ in the and my XQ When? before the it trial, trial I 1 A Since under~t~nd, correct? ) that you had seen bee ta:~ing 7ould. have been here at first. the I had about trial I didn't this matter? these 3UCh an Told A on. Ir. A few days know I w2.s tal--ing any !)art it? MR. STEPHEliSON; Wlt ich or since A Well, the trial sur:11.:oned, I tolcl I decline '.7US in :-rhat? 1aB been goine I '.7111 f1'3.Ythis. Since on; vhich Mr. Sandridge t 1e A r/hen I tolrt Where did you cone from A has been goin~ uas XQ V/here har! you been? the Blue Ridge? and not s y at all. before and nv brot 1cr ·:ere XQ If fact you sPe1.k brother. XQ Now, uhich ans .1er is sustained. the A tell ~ms goi1 g on. XQ Was it tell protection mouth shut ew? (Objection; th·1.t rm d7 along 0 thifl w y di:in' t you keep your XQ Who did you first Sandridge to give To whor. dicl you first bo. s Pa:J"in active you '.7ere so anxious .111enyo ther. thio? c9,me from over tow rds to answer. THE COURT: Ansuer the quection. has to be anS':'"rered. The question 1 R. STEPEE.;S ON: The Jur"Ige says you have to state it -- the Place. You need not tell the name of' any party, but you must name the house. A I was three-l{Uartera of a mile f'rom cGaheysville, east. The court: I thin': the ,.-_.i tness stated that the only objection he had u~~ that he didn't want to name the person -- he a.id.n't �t • ..' • ... I < I- T I • �. . I ,, •. .'. ' uant to mention her nar ..e in the court room. I tl1in:<. he ougb.t to ans'.rnr this question. R. STEPHEltsON: You will HTUESS: XQ spring Where did you come from road? XQ 150 yards ville. XQ XQ an going XQ I cannot fhere of the first That is Is there /hose to tell a□ neu- of a mile A I had come from the first railroc:..d house is crossing as I c·1n tell a house at it? that A it. rrhen you C'3.medoi.:m tho Bloomer did you C!omefrom? east state do that. I came threu-qu'lrters A 11:;tVeto of UcGaheys- yo· • point? I northeaot --- 1 C.'.111 A t tell Yes, sir. you. That is I all you a.bout that. Whose house is t11at? A MR. COURAD: I I decline ;vill leave to ans'1er, it •r. to the Conrad. court. MR. STF.::PHEUSON:He has locate l t.he ;,_o18e, and that can be located by a half-dozen people. You C'ln ascertain v1hat house it is in five mirutes. THE COURT: I don't ans-:1er. l n. see TjPHEUSOM: You will of the :10use., ITUEss: I can't do it, -,hy the witness have to give c3.nnot the name gentlenen. MR. GTEPHEUSOU: You uill have to tell it or be in conte1il.1.Jt of court. The court directs you and ou .7111 have to do it. THE GOUHT: Htness, ansuer. you r1ill proceed MR. STEPHENSO!I: You r,111 subject fine aid i rison.~ent. r1ith yo r yourself' to THE COUl{T: I ·:rill have to senc1. "OU to jail if you don I t n.nw.rer. The ruling of the court is that the CorJ::onrre~1th hao the right to knov; v,here you came from on that ni~ht~-1ITUESS; I have told them aa iood, ing them the name. -- Ji thou t tell- THE COURT: (Continuing) -- in order to ide1tify the place ~rou .rnre, so the CoLur.on·real th can trace your movements that night. �I • I • �... . Will your Honor tlie witne'; on that MR. HAR1Is: with er- 11it us ""o confer point? THE COURT: I will perr,it counsel the rri tne~;s on that point. to confer 7ith ME:rn: co .rn'3cl and 1i tness retire to another After returning, counsel and Mr. confer at the Judge's Bench. There- roo conr~l after _he -rri tness having Pl counsel and the Attorney for the cornuon-rnalth in possess ion of the place and na.e of the person, this given the co onweal th the o_._):;_1ortuni ty to make investigation, and it is not necessary for t.1e 1i tness to state the place in public. THE COURT: 1 •• 0 Yfnat tiae Q the of the did I leave night XQ That this cti What t i1,1e of' A you leave? hose? 'Jell, A Place? ·111~t til:10 hac1. XQ night !lbout fifteen ou gone there? A minutes after twelve. Vfhat time ha.r. I ::.;one there? Yes, XQ supper sir. and dressed. seven Q_r eieht e not cari1 turnpike Must have been about, o'clock, ho se? I gues~, Yes, V/ell, A likv XQ Your idea the 0 1 t0 get half-Past a vratch and to the Hockingha1.1 abo t a little a quarte1· over that. road, .1he you sau this I understand bec~use and r~self'. te r.1? 1 our w, tch? of t1r ..e was approxir1ate. the que~tion clock, arty had my you? sir. XQ You say you looked. at 12 I inquired. coming dm·m that XQ You ·rrere alone estinate ·.1as after Not h1ving I never to travel something XQ You YJere alone A rms, rl.id yo . have f'rom that of a ,tile, it it I s ~pose 1rrhen I got there. nuch v1:i10.ttime XQ Ho 1 far norr, I guegs Tell, A of the they time? were all A going Well, A Yes, sir. A No, sir. You a!J...Jroximr.1te or I kl1OTTit to bed or about nas af'tc1~ in bed except �t I •: • , ~ ..'' ~ .. ." 0 I I .[ r, .r �uaa u:fte~ XQ You say it nns r,hen you ~ot to t twolve it matter of estinate A night? Hoc <.ing' .aI. turnpike, 1•j part I sa , is a purely? had any occasion At 12 o'clock, an to how much after o 'cloclc.; to observe and when I eot ho1,e, too, t. c tine o:f the I lle2rcl strike. What clid it XQ don't stril<.e? of my :cno...-. led 6 e it It A knou '."fhich, bec3..1se the the best struck clock does, hal:f-Paot struck and it every half either or one, I hour,-- to struck one or half- t elve. Past XQ that mig t have been hal:f-Past It one? A Couldn't have been clock, and it strucl<. one? A late. If you told XQ one every to the half best XQ it on your When had you last XQ clock trrelve could by one strok, it might have been half hour of Well, cy knowledge if you XQ that Tine it ·,as half rnre zoing Past past couldn't I said. t ·mlve o'clock. by the one stroke p3.st one, have been half I r,as out at of the it? o:f the A clock I don't think ti111el) ."TaRpassin ra::.Jidly, 1 I su1J:pose? A Ho, air, not especially. XQ You weren I t coning in part icul2rly I knerr I had to do a d'J.Y' , 7ork the get in abo t half XQ Anrl this did } o S8.Y? XQ Yes, siro a night's lfr. sleep, next 'fell, clay and I rnuld A like well, to I knev, that. Reuben Hensley, A al1ea0. of time? they what dirl he s:iy? '."Jere tal What A ine; something bout seed- ing XQ a drill, 'Iha t dir ....Reuben Hensle-.r sonetlling had referG~ce thin0 about to, a drill. bout only say? seeding. I don't in reference He 1as talkin A He sor.1ething kno-.1 r1hat he said to seeding 0 aid and ubo 1t seedin illing. business. about or so e- I didn't �f • .. .. • ... < .., �take any special account of it. last had yo ,..,_seenhim before XQ \!here last seen him? XQ Yes, that, I just I sup::_10 se. last night. of the don't kno ,. you seen hi since? seem him uhen he ca.r.;e out 101se. XQ You get A the papers; daily I hav 'n' t had has be n going end of the you see the a c 1ance to read Ifarriconburg d ily tlie daily papers since on. XQ You have heard in your A I hav 1 n' t seen him since \'./11enI c. me to H'.11'.'risonburg I court trial I had seen Re ben a co plc of weeks before A sir. XQ When have tho ·/here had I A that? of the case and hearr: A Yes, county? sir, it do n discussed of course it is talkec: about. QX And you say your A He hacl been home? XQ He has XQ Yes, Since A sir, not he been home since did you h'l)lJen trial? and had been r. A 1ro, sir. A SandJ."'idge have I am home every ith fat to the to the road? XQ Yes, sir. that said, There They didn't? they uas d. io11 't other s:ir, on the trin.l. sandridr;e close ih 'reference neighbor My there father and seJ him ·.1hen r1i th llim eve_y daY. A Ho, sir. to him and tell A Hou ~id I happen s eak of' the boys, A Yes, beg~n? and I Jerl1aPs saw mill? A I ho rd the case? in Harrisonburg? er and my brothers. XQ How did YOU h':1:P_en to ta.lk out fr. is a very come in contact rJOrl<:at trial a mill, bucn loi:;ging day -- XQ You didn't my this bevn hor.e. he has been he has been to talk sin eoince then. this Mr. sand.ridge r:0rking as a rritne I don 1 t say he has not be~n on home since XQ Ho to this mr, Ho, u.J here 1.1as not been home? XQ Hasn't but he has brotJ1Jr to talk him about coming to him? evidence get home until had heard 4 o'clock, x~tlll:iNgX\'IXMJ!lg somebody mistaken them and I ome �·1 . ,' .t .. .I r .t' r ... J I • t ..... .[ • . ,. r- r ,. .... ~ r •• t .. t ,. .t r r ! t j r • lJ ... y r I y �T • where because I sa'.7 them comin.3: throur;h than hal:f-:past t yelve or one o I cloc <.. You hac: heard XQ that I hadn 't A up here, he1.rd anything not later or the testimony ':"Ihat vms about proven. You said XQ A what had been proven had. been given? being .McGaheysville hear I didn't th"'t it they had. been I didn't with get home until that 4 o 'cloelc? at all. them on the TTagon? A No, see any la.ntern. You say they XQ didn't P1'OV0Tl Did they have a lantern XQ sir, you he rd that didn't n.ny lantern have at all? I didn't A see any. XQ a lantern it? the there If had been a lantern when they Well, A ryent throuo-h I guess I wagon bed or sornerrhere XQ Did you speak ld, 'lO XQ How often A I can't he has and are friends, no. I have say that About ho,;1 !1."iaTIYtimes I can't hav'n't uo, intimate sirca friends? Yes, A sir Hov, o:ften seen working. I have in the last so often, I don't year? because often down get seen Reuben so of ten. have you seen him in the XQ Ho,1 often times? last year? A Oh, yes, last two months? have you seen him in the last six months? hav •n' t seen him but once. I guess times. have you seen him in the Reuben Hensley but -- I lcnow the men 'fell. im a half-dozen seen him a half-dozen XQ A seen. say. XQ Have you seen_ I have own in would have been seen neuben Hensley and I have been tl1ey had had if you rrould have seen have you seen Reuben Hensley been vrorking XQ it have boys? wgy, and I can I t say that that A unle'JS to these wagon; . cGaheysville I couldn't XQ You know them well They 8.re not intimate on that A I once. A I �.. .... •, r + r t ~ I .. .1 r . .... !' ._ .. ~ + .. .I . . . ~ .., • .. - cf -1- J.. .... • rt ~ I I1 ' h u .. • J. , . [I ,. l j :c .t ' ,, .! \• I .j" 0 ! I J. -. • . .,, .[ '• '0 :t • 0 d. • r \ ~ , ' '+ T .t • ;t . -1: • ... I Jo. . C I- '; J. . ! " I[• I ' I •' . .. ~ I rt �• • r ... .· A A I XQ The ·:,agon 'lflS say that it can't tl1an any other XQ uagon distance of' that place and they pasqing an ordinary amount of noi A of'f? was any more than v1here the road.s on the other. don at rnre ho\7 f'ar it than ordinarily, 1i1agon would have made. an orclimry And you noise any ...ore making tl:J.S noise? and making consirterable rattling And he was talking ms making XQ that roa: that? before tine. f'or that account I csn't .onthr. have you seen him in the six Ho 1 often XQ tone of voice e? A Yes, vell, I don't 25 or 30 yards c ·t ae to.:;et11er. They -:rnre passing and the sir. su:>po:=rn a.t across the corner I uas on one road. on one roacl and I was the other. XQ The Bloomer ham turnpil(c goes XQ Yo spring road. for \.s o:ff' like dovm like that? (Indio 1.':ere coming towards tin that •) 1.cGuheysville, and the RockingYes, A sir. you say? A Yes, sir. XQ And they were XQ And A Across going ou saw them right 1 a little this little lot? XQ They ·,:ere in this XQ And there had :f'ruit Plcce (indic~ting. A Yes, )? sir. roar.. anrj_ you ~.~rerein this is a house somewhere along of' Paling fence XQ Vell, is 25 oi~ 30 yarrl.s 'lcross tre,~s, XQ And that fence this sir. road? in here, A Yes. aint there? sir. XQ You 'Jere that across A Yes, garden. XQ Across A Yes, to -rards Elkton? ant lot has _aling on the other? Pretty good t ere garrlen has a Paling and the house next, sides, A I fence h1.sn't f'ence lon't is not r1 ch fence fence around and t ere little lot or garden, in it? has a Paling on both it so on, this on one side; it? .A No, nil.·. or: one Bide, s )PORC, along it. t ,o lots and nhat if' yo the other there kind looked of at it ::::irl.e. Thin The garclcm sets right an open sort in the together. corner �I r ... + 1' I .... ,. .. j ..... • . • J: ot Wr • .. . • . • , \ . ... .. - .:.1 l ;. 1 • ' r, .. .. . ' - -1- •• • ' _.[ " ' . .[ .l. ' .t ... ... r • • 'I ' +. ' �'I, i • , ~ • r . XQ At a poi1 t about comes into o .t +j-,'l these it t road. nere 7asn 1 t over XQ this it You ro 1 far turnpike, f·~01:1 \'Tell, A 30 yards. I guess, Of course to it ilhere itncss r1as 25 or the SJ)ring ro d t hon far r,agon and hee.rd. this to t e best of kno 7lene;e, I co.n 1 t say po<::itive. I never to. o Y'lrds aero f's f~om .rhere rragon 1.":as in the disuisscd. looner at m:xtx»lll:ba a poi l,W:'3elf' and had no occac-ion S8.Y wr.cre the you when you say you sa men talking? meagured in the Hockingl1a hOi7 road .7here they ou ~·rnre ·rnre? �T • .. ' I .t I �The Court instructs that the prisoner Layton,Reuben testified ind of' such testimony pertinent termining was material the ju:ry that diree,tly in the case of the Common~ealth against and Kemper Hensley in whole or in part indictment,then tells the ju:ry that whether to the issues if such testimony to the issue such testimony in question o~ tended to induce the jury to give readier credence in the or any portion in eaid case,the or any portion or point as alleged Cou:rt thereof was either in that case, t~»oc to the substantial part of the evidence 1 or tended to give weight and force to other materi testimony of the -.o " -al circumstances,or to give additional credit to the"-wi=&Aoe~ himself", i 7.r.,..1,.. ..J'· or "some other" witness in the case,then such testimony of Hal Life was > ~ material. "instructs And the Court further the jury ... materiality is of no importance for if ,,, t, • that t- \, C. the degree of f tendedtm to prove any o~ the I\. ma~erial matters in tha 1 said case of Commonv,ealtg against and Kemper Hensley it~ enough. Layton,Reuben .., t / \I �' . �' 1, I ' ----- The- court the evidence Hal Life, witness vs. that instructs in the Circuit on behalf of the defence ,·,ras on the night to commit larceny he would speak the truth that the said prisoner, after 1908, / or,its ,.._ of a mile east dred and fifty yards north-east Mc.Gaheysville until he then left yards testify est f'ied that and about one huncrossing twelve o'clock east on that vivL13.. and that, vhen ~·ithin ec Springs tventy-five men in said wagon and said niz by moan& G-f--fH:'S-¥1"'~~ turned to the residence twelve or one o 1 clock on that an r, and that I'... the said cause or that . ~ issues of the said Kemper Hensley, \ men as Reuben said Hal Life, th re- of E. L. Lambert.... at the hour of half-past night; ~as material of Corrnnonwealth against any portion on t 9.t he then one of t1 e said three '• t of the said prisoner or vagon was I Hensle~ and he heard a ·a· n coming east and had on it a wagon-bod 1:te~iPd 't ;,,tt of night, I\... and saw three on he was at a house about the said house and came by way of~ drawn by two horses and there 1-sel of the Railroad after 17th day of to truthfully of' Mc.Gaheysville shortly and / f! 1908, of the said Turnpike, said Turnpike in the said case, l ~ Road to the Rockingham Turnpike thirty oath w:.C-i~ 4 of tne '-?.2dof September, three-quarters that Clerk or Deputy Clerk,an oath a~ aforesaiq., in the said case, with 1908, there in his testimony "- as a witness the barn of in the said Court on the said taking charging to the prisoner and that therein, that the night under an indictment of the 22d of September, by said court administered October, in the case of the commonwealth Reuben and Kemper Hensley with enterling Sarah M. van Pelt the intent I'ro Court of Rockingham County as a Reuben and Kemper Hensley, said Layton, if they believe on the 17th day of ©;ctober, 1908~ the prisoner, appeared Layton, the jury that l- and ,._that i-'-'7I to the issues Layton, of said testimonywas upon the trial of the Reuben and Kemper Hensley, false and 111¥terial to the cause of Cow.monwealth.against then the said prisoner~ ' the said testimony U() guilty Layton, Reuben and of perjury and ��2- punishable tiary under the l~w of Virginia not less by confinement than two nor more than ten yearso in the peniten- ��r • ~ ,.,.,_.JM; ~ ~ ,,.~ Al, 'ft. f 4 ~~ vii~ ~~c--, Ii:;~-~~ ~ 4-~;J a_,~ ~ ) ft> (1~ ~ - ~-;;:,-, ~ I ~ l.--.' I p 4 ~ ~ r./' c_A ~~ ~ ,o --:7~" .J' t( ~.5 ~~ ~ ~ ~ -r ~ /2-~~,.v' EL__ u7~ ,___ P7 ~ A-~ ~ ~ ~ . 4~·er ~, /i::... ~ J.-1.--. ~ ~ ;J ~ ;.r--~ ~ t;:~, p- I ~,;) ~ ~~ ~ / /4 ~ jo--c:t~- PJ'a..:¥ ~1. ~- ~- ✓~ ~ ~ ~J).~ A_,- /4..;, ~~ ~ 4,__J' ,,_Pf "-<~ C--v p ~ ~ . &. Ir!~ k. ~ /' ~ t:;;..__J ~"f-< ~ ~✓ ~ ~) ~ a,_:,-~ Ii:;~- . ~- Ii:_, 4~· t...___' - ~- /,ca--'i7 ~ ~ /J 7JA-, /2 Al~·u h.._/)_~ .A. ~ ~r ~ lh~ a..·~;J /.; "7 ,;z I . ~ ~ ~ ~ ~ ~ ~- ~, ~ r t,..._~ /,,L - ~---~ ~ ~ ~ ~ /~ ~ . . ~ ~ ~ ~~ ~ -- ~~ o/, ~ ~ ,/~ ~ h-_c-.-r-7>~ ~ A_y~ $<~--J - Jvv ~;' ~~ ~ ~ ~~ "'f' C\_ ~ ~ p ~ ~ I ~ .?,._,_'J~,,,LJ~; o---1 ~ ~ ~ _/ ' k- ~_;_, ,• .- . r~ �f, ,r ~~ ~ ~d. • f • -;7~ L~ ~~ (!~ ~ ~~ ·,,} q__ ,-4 f'1~·er '? ~ (; ~ 4, ~ ~ L-/h...~ ,z~ a.-,._J ~ ~~~ ,.._~ oU-,,~, 0--,,,0U-v--t__;J I ~. J ~ ~~ J / ~°'--<· J°"-'-'r ~) 1--v/--'r>--<- 7 ~"I"' ... ~ "-->Q /2,..~ ~~ • ~1 ~~- ~ ~ ½; /,_ ~~ k--~~ J' ~ ~ o(~7a-j'~ 4--c;,~ a.-.._ b ;J 4..~ ~ AdtA-dJ/ ,f/~/' ~ f ~.J)~ ~ ~~L-<. # t:n... r~L,..~~~a-,x :::::9------~ ' LA_~ .JZ_ , ~ ~~ ~.. ~-;J ~ ~ h ~,eJ) ~~-,, c~ 0--/.4~ eq ~;;- ---~ ~ ~ / ~~ .. , tA-- ~ ~ ~'"' ��f • . ----... �8. C. leQ 3-27-11 lM illnmmnuhtraltq nf ltirginia, TO ALL TO WHOM THESE PRESENTS WHEREAS, at a ,:;.;_:;..•.cu:.t- SHALL .Coltrt held in and for the_.>./_ox.:n_;,y_ _____________ of in the 1nonth of-- ,Jay \ one thousand nine hundred was convicted of - COME--GREETING: - -- -------------------------, in the year and- .,ana- · · d zn · th e---"'------·U·•--~--•-----err~ J·ortit 0 ---i' 11'--------------an d was th ereupon sen t ence d t o be zmprisone - for the term of- - _ i .c___ ~cr- ~------ ------------- - -------------------,and whereas it appears to the Execzttive that he is a fit subject for clemency, THEREFORE, I, W.ivI. HODGES .MANN, Governor of the Commonwealth of Virginia, have, by virtue of authority vested in me, pardoned and do hereby pardon the said----;,, -1---i-.. --...~ -:!.,n-------------------------------------------and do order that he be forthwith dischar_ged from imprisonment, but upon the terms and conditions following, namely: That the said----- -H, 1- '-• -...;,: -~C------ ---- -----------------------will conduct himself in the future as a good, law-abidinlf citizen; and if ever again he be found _tuilty of a violation of the penal laws of the Commonwealth this pardon shall be null and void. Gi'Ven under my hand and under the lesser seal of the Commonwealth, CR_ichmond, this ___ ]fj,ft~-"- at i.th _____________ _______________________ da.y of _____ ---r:~-?r ________________________________________ , in the year of our Lord one thousand nine hundred and ____ ,~~(f7l+rn-------------------------, in the one hundred and thirty-..Z; __ttJi and ____________________________ year of BY THE GOVERNOR: J, ---------:,-~1-- , _., _ ...-11 _:'.e---- ____ ________________________ _________________________ , hereby accept the a.ho<tJe pa.rdon witn. the conditions therein set forth. Witness: tfl? ~,,wkr'./t3. < �,1 :• • · I .. I ' .. I. I I �' .. I . .. ... . In the Circuit Court of ockingham. Co onwealth vs, ~ (/U ~~ , J,~', 11. L. Life. And the said H. L. Life, That there trial is not any record as in the indictment in the said Circuit and form as the him alledged; Co by his court against e.nd this :bf hath the defendant the him nentioned of the County onwealth attorney in its said co.es and says: suprosed remainine of Rockingham said indictment is ready to verify, in manner against �,,,, • .. . . .. ' I ~ ♦ • : t .' .. • �state of' Vi1g inia, County of Hoclcingl11.L, to- :it: - Thv jurors of the oaths e tho A present, 1r,a11d Circuit at Co',ll.om-:-ealth of Vi:~gin,i11 in rd for the booy Q.L~d<J~tfllau,£ ~~r?l: ~,rcr of Roc}~in~ham anr. now a.ttel!rling the said court upon comity tlleir 01 of the nine court the that upon tlle 17th h mdred held for ann_ eight said and K nper Layton Hensl on an indictment for a felony, time of the a certain n, the b to conur-it larce there being, by the of Mrs. ta~e 1d of s:.1.id Court; alias on behalf' tl1en "Hal. Life" of the nd tht3re S'J.id Layton, in S' ....id. rry id that the evidence truth, the 'i'Ihole truth cir3 1 1.i t court said ist er said oath; Reuben Hensley anc.l t. the then co rt and there and that 1rat er ial 22nd c.l9.Yof septrnr..ber, Hensle and Kenper Hensley V nPelt in goinz of they saic'l. Layton did :f'ron the Henr-le so at ~hat ' then barn pon t e trial as a and tl1ere ri tness to inq ire 1908, assed the said t e barn night but the felony aforesaid on the Layton H. F. for and .1ly s·1irl trial truth, Layton he 'I nsley, it then saicl night Hensley, of the said Gn.id by 1a·:1 to ....,t ir- said east;,, Laytor of Reuben Sarah .• d to the hone and Ken:per Hensley the ap9eara upon the sqid i7hether 9.nd and v1as o-r-the town of Harrisonburg of said sitting , nr~_nothing the then a:fo:resaid, hc:Ying authority for intent aforer,;aid, court county, of the he sho 1.ld give upon the , Re ben Hensley hour as more fully upon tl1e tria.l and. Kem::-e:-cHensley re becat'e away, court tr.:.n..l aforcs be the with in said in said tried in said grain, and in the court, entering 1908, the felony saicl Circuit should said R uben and KeI pe~ Hensley, co mty, 1908, ir,ere jointly Hensl for s'.'lorn by the f of the fo:r feloniously and that red ap!:e and 3.t the Sarah ... VanPelt, , and certain Layto1 , Re1 ben anrt Ker.,per Hensley Life Judge 2~~nd day of septe1.1ber, y therei1 r cords to-1: it, ,.ro:perty ·d steal, s1.id co,mty, on t11e 17th dgy of Octobl!r, by T. H. Haas, Reuben Hensley, in the night in the county (!OUrt ho u=:e thereof, day of O...:tober in the year and if Hensley, �t �--2-- euben Hena.ley Virginia, nd KeL:;er Hensley and whether by t'.·o horses,and they at travelled the said their hour of the Layton wac;on bed on the and that thereupon co ~t, srore at 1908, railroad ..i!)rings about road, fi-rte•~n to return to his s3.id E. L. Lm ,be1·t, of the to be e:r.1:pty,-- rr. F. Life, than half past ber, 1908; voice tm·mrds about thre,1- "Hal. Life, tilelve of that o'clock th t w en he, at 1e car:.e to-rrarcls r;a.id Life, I :mgon, 11ith a fr01 the so tnd men, one of '"Thol..1 he ancl thr.t s1lid S~lid Lo.Jton the 1 our at tihich ~ ii...~ 6lrs~ \7 ~~ gon ·ms not " later of the 2.'1nd of Septem- ret 1.rned to his s, he hearcl the or 1 that night tho resi- abo t tvrenty-five vri thi· heard on said the 8.t r.aic~ E. L. Lambert o'clock Place rnre three 11 o:f :1cGaheysthe lodging HcGah ysville; of the ~Jlace the 11or.1eof' the Raid Reuben, fron alias and falsely he reL i1 cd at and in so doing bo in lodi:;ing whicJ-1 wa on body aJiJeared g)n id, northeast to be so.id Reuben Hen ley, east tuelvc 1 being one hundJ~ d and he heo.rd a t -m-horse lJike, 1hicl1 after said. trip; night then cros$ing anc 'ihen wagon,-- going and Kemper Hensley said said in by his wagon Has then on th and that the 11, afores and abo,tt then reached Life de~osed that min; tes Hocking..ririm Turnpike, recognized "Hal. · e nt f .. or.1his of the rirst i7a...:,onbody on s,,id lace, things, s east yards 8.lias 1908. 1:-:on said i1 the county . cGahe sville of the fifty to be loaded ea '3t o e1 "er Hensley, and ·1het her of E. L. La rb 2.,t to a c--.;rtain house niG11t and startecl sai he VanPelt ~nd Kenper Hensley and corruptly among othoT ho se until dence trial 1. Rock- 11 23rd day of September, Life, -ilfully on the Bloomer said said :Passecl th:rouc;h He sl y a d . cGaheysville, r. H. gon dravm 7 they of' Sar3.h Reube of a r. ile yar ville, the o feloniously, es· deice q arters fifty said of S pteI:"iber, the barn of the to'..m of the and testified, 22nd !itx Hensley, aid wagon a!)l)C'lred so 1:morn as a ui tness said said Reuben Hen~ley 11ome ea t of said tmm of Harrisonburg, on the _oac. ltno·.m as the the morning Hensl;y, said by me:1ns of a roan ate and between 11 the in so travo11.:.ng, sit and the ho. , of sa.id Layton and at nhat tr, 7hat ho tl1e to·.:n o:r !!cGaheysville, infpar:1 Turnpike, left cloclt strike said lodging either �--£-- �--3-- for the hour in truth not of h~lf-9ast anr'l in fact on s:iid night lod...:,ing Pl'lce, a the said Life, Lo Lru:1bert's, E. 1rt rs northe· alian "Hal. the st Life, s·:1.id ni~l1t 11 of a mile eclst of the nor at s~icl house from about 28nrl, until o:f 8epter.1ber 1908, v·11:1 said night the elock strike Life hiJ said I a said half :)ast aley tr :place SprL~g~ road, h ar 1i t 1in t:;on: :vhereby there the t:!)on said. and corruptly a"'ainst uitnesses evid011ce. nor tlle said trial anear pea 'Je twent he, did ci3ht -five the :i-:'romthe said La1~c~t•s, nor Life, in the falsely, co· Hal. 11 ty ~foresaid and :feloniour1ly .nr::1.r' i,'.;ni ty s 1:rnrn in o:pen co 1 alias of' the he d.ici. the riaid Re ben Hensley Passed at Lif'e, :felonio cOlT'.!_.i tted co.* .o r, al th of' t and F.:Jent to the P:1id o'clock alonrr said 11 the of' t}L tine tl1e voic..-' o~ <J·1ic. Reuben Hensley H. F. Life, twelve o:- :fif' •.y yards said on after twolve as it d o'clock after enRley, · 0ht rail!·ro. r-·1id H. F. Life, or o e o'clock, on oaid Bloomer c al1eysvi11e, first r ·;turn at s id L. ton ve led and recognize to-v1it, t -;elve ·-:ae;on in ,·,nich _ ocl<inJ:i1am Turnpilte Bloo~er il, anr,_ th re, anrt then of' die 11, hir:i then on the shortly o'clock of sa·d ni~ht, nor did the s id Life 0 ~ t:m. Jf,._ ~ o)~ /~ to his lodging !)lace at sairi. Ji'. L. IJai.be:.~t's "on the ~ereas Life go frou to a house of UcGai1ey ville, the "Hal. 1908, east crossing of one o'clock: alias 2'1nd of septrn,rner, thre•,-q 011. or the ~our s3.id H. F. of the at S:Drin...,s ro~a, tTTelve and on said did then and 1.,:::ly, wilfully wilf'ul :perjury irginia. e;ranrtj 11'.'Yto give �.. . '' • • . f • .- .. ... 0 � 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 1908 Title A name given to the resource Commonwealth v. H.H. Life Description An account of the resource Defendant charged with felony perjury. Subject The topic of the resource Felony Perjury Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Contributor An entity responsible for making contributions to the resource Jennifer Taylor Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context CCR001_005_122 Hensley Life