20 20 4487 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_001_commonwealth-v-elwood-herring.pdf 82961c5b0508a21f4aeb3b7365c9a79a PDF Text Text COMlrIONWEALTH OF VIRGINIA COUNTYOF ROCKINGH.A}f, to-wit: In the Circuit Court of Rockingham The Grand Jurors the body of the County Court of said on the ously 11th County, and slay of the ockingham, upon their Birckhead, the Grand Jury oath present in said one Effie now attending County, that in and for the Circuit Elwood Herring, unlawfully May Mo.cgan, against and felonithe peace and Commonwealth of Virginia. Upory'the evidence See and Sgt. of August Term, 1958. Commonwealth of Virginia, day of May, 1958, did kill dignity of the County, to give of Virginia witnesses evidence. Schaaf, sworn Trooper Failes, in open court Charles and sent to M. �:P/ PRESEJ\J1'MBN COMMONWEALTH V. ELWOOD HERRING Foreman ~ TlBilL Charles E. Eannan, Jr. Commonwealth's Attorney ·-_j �#-?v Ct::_ll{Jiej~ /.l- ~- ~~u I I ~) _ ~ 7'--5(_/ ~Y(C/~ c:F~ /. ~~ 7~~ I ' tt - �- - . -- - -_______,.- I ---+-- - 4 - - - J1_ I �CO:M:MONWEALTH V. ELWOODHERRING CHARGE TO JURY If you find as charged and fix tentiary years, his guilty of involuntary or both of the indictments, punishment, for in each case, a period of not less in your discretion, or confinement or by both such fine If you find you will accused in either or, Dollars, the than one year by a fine and confinement in jail. say so and no more. of either say so in the peni- nor more than five not exceeding a period guilty you will by confinement for him not in jail manslaughter, One Thousand not exceeding or both of said one year, charges, ���------··-- �COMMONWEALTH v. HERRING I INSTRUCTION ----- The Court of an accident criminal vehicle does negligence involved. instructs not the raise on the part jury any of that the presumption the operator mere happening whatever of the of any motor ��COMM)NWEALTH V. HERRING INSTRUCTION The Court suddenly peril and unexpectedly of his bodily fault, he or sound care, instructs harm is not fll'' irf)- Q f z Jai:11t under jury placed that where one in a situation of by means of a sudden emergency, required to that judgment e...rerc./ ✓ e ~ the or exercise discretion, ordinary imminent without degree of :J,,?f1 {'?,W~ which circumstances is and htt~e norma 1 conditions. Thus, if you believe from that and unexpectedly motor vehicle instantly you care cannot which prudence have to confronted done avoid he was to avoid find under the wisest an accident. Elwood an accident because guilty been if thing you or of was suddenly a tire on the was compelled of believe exercised circumstances, Herring a blow-out and Herring have such evidence,~ driving him would with the such blow-out, he exercised by a man of even exercised though the to act then the reasonable he may not soundest judgment �I l l �CO:MMJNWEALTH v. HERRING INSTRUCTION The C~pr\ instrµcts "t- -r.r-e1/ J automobile GI£¥ any to degree is not~an necessarily in the It /,or/ the jury that skidding of an L, occurr2nce of such establish or constitute operation the a character of an automobile. as negligence .QC"\ in �l. '1 .L l Il .J I l l �COMMONWEALTH V. HERRING INSTRUCTION The Court charged term against the criminal as might or something by his more was negligence is human and life liability formed of than merely another, under in such of must or the it must a character as circumstances gist order order for to such damages if is that by the negligence by the killed, be criminal as crime but negligence, necessary the person for negligence or indicates a callous disregard of consequence upon every carelessness criminal necessarily act liability cause of injury his act; the or per- in the to result or wanton safety deatho death from and of gross criminal carelessly results be reckless show disregard to of a of culpable for likely the negligence; simply a suit of negligence; such to not the culpable be predicated in criminal be shown probable because is negligence which but negligence, such that that representatives that; gross cannot of it jury meant personal action, accused is from damage the defendant foundation distinguished civil the negligence be the injured as instructs of others �'.) L , i ::, I ~ -' t -J .L J ~1 l l , < ' - 1. l l ~'.) r -I -l ~ ~ I" ~ -1 ~ ~c .l ,. s 1 'll "- ~- l r- - ' -l L :: .....,. v: J 1 : .:~ l ~ ~ "'I ~ :s l l l :.... , ~r -=- , ::, _{ s L. j .., i J -I t:. ._ :> _l ,_ j ·L -l '1 l .rf 1~ :; -Il )-../ I -. l. -:- -.r- ~ d 1 J. - l [ -.l C. '; '/ .l. l - :::: - .. l .. J . ! I, s i I l l I :J .1 V _,L J ~ -r _t -l -J 1 .L :>L vJ ...... J L L �COMMONWEALTH v. HERRING INSTRUCTION The Court to be innocent this of instructs the presumption the every the of trial. By his with the plea allegation Commonwealth charged the and jury crime follows essential crime the the which he accused accused is "not guilty" of the indictment of guilt beyond and, every has has upon of every denia1 put element that stage accusd and every presumed charged, the proving 1s accused is throughout of burden the that the reasonable doubt. shift is This burden, as but remains throughout under and, after reasonable of such doubt by you ing part of the the full benefit You are that the this is feel that not guilty, can not must of such is but be innocent. to probably to his you you him not guilty. but it is innocence, ent~rtain guilt, not must a mere even give form an essential and you not The accused establish is does must a him the to be and give the bind- defendant presumption. committed be proved theory land, instructed sufficient he the trial. evidence innocence pleasure law of further accused of at or accused's find Commonwealth, entire prove the and presumption disregarded reasonable to the on the the considering doubt of This ,guilt imposed no requirement if, benefit so the that while crime with convict nor you may be suspicious which is it or more likely the conviction of so clearly consistent that with there the is sufficient guilty warrant he if guilty this remains evidence charged, you than accused, not upon his one which he �- ,.. u· ;- .... .- ... s :) . 11 ~ . ::. .... ~ .r ...l 1 •r . L - ...11 .._ ~ 'r - "/" •r .1. l ~ I 'r,.. "" \ 1 ~ L. ::. .L l ,. r- :, V l t . [ $ r l i J .t i .I.~.., ~ L t 1:L t .., $" r l ~ - J. l vi J ' 1. r i - :l , r . ,. :..,r j-r 1 .l ... r- j ' i .... ::. l l .1..., l J. r ,:;." ~ J i .i i :., ~ L - ,. L, j -' .1. r ~ r .,., . -"::. 1 j j: 1 -- :) - J. \ .t - -1 ..i l - ,. t r ...v .!_ 'J .:. ~ 1 .n l 'f J. �If to a set of two or more interpretations jury must facts reasonable points acc~pt or circumstances that should interpretations, to the innocence interpretation of pointing be susceptible any one the accused, to of which ' h~s the innocence. �- l J ~ lL l ~ :) .... u J l ~ i L j J j ' ~ '' r .__, �COID1ONWEALTH v. ELWOODHERRING G INSTRUCT ION --=-- In considering burden the of proving Court possible its beyond must limit the trial of this you should imaginable, its case, to create the from lack material and not doubt. of the charge, evidence presented and reasonable cannot go beyond nor can you go beyond jury should of evidence, proof fact or a man must be proved natural The jury which such at in- such evidence to of guilt. Furthermore, questionable doubt, the the word imaginable or possible to the doubt, is a doubt of the proof including evidence arising overlook doubt conceivable consideration to be drawn therefrom. inferences reasonable not not say that sufficiency ferences find beyond A reasonable law does upon the jury that jury the every the accused and is not to be corfu.sed with for In passing Commonwea~th has met its of the meaning. on reason, doubt, or not the guilt the nor founded guilty the instructs "reasonable" is whether bear from conflicting of any particular essential a mere doubt in mind that fact, to the proof concerning testimony, should of the immaterial any doubt or from be a doubt guilt of the of a accused and nonessential cir- cumstances. If, evidence, vent a reasonable your minds you from reaching cused, then If, sideration viction all after the left other a convinced of all the of the truth doubt. hand, after evidence of the consideration in such a state belief Commonwealth has failed on the reasonable are and honest in the charge, of doubt of the to meet an impartial case, you are of all guilt its of the as to preof the burden. and reasonable con- you have an abiding thens ac- atisfied con- beyond ��COM:MONWEALTH v. ELWOOD HERRING The Court instructs witnesses is the to determine right stand, tency manner of their credibility for the jury; or lack in the of the trial, testimony the circumstances of credit and to give appearance the their to the more worthy that jury of testifying, the witnesses rounding the from the testimony, intelligence result 7 a questionexclusively their apparent INSTRUCTION if candor any, the any appear, appearing and what is credit reasonableness apparent if on the the accordingly. and the jury of the witnesses of intelligence, parties, of have on the and consis- and fairness, their the relationship interest of the and from all trial, relative witness other which witnesses_ weight of surare of any such �J �COMM)NWEALTH v. HERRING The Court all of doubt the as criminal it is evidence to whether negligence, your duty to instructs in this or not as and the case the defined you shall Jury you that entertain defendant in other acquit if, after any is guilty instructions, him. - hearing reasonable of then �~ --:1 ~ ~ I ' r l I J L .- .l. ::;, ll L ~ l t �Filed in the Clerk'sOffice ReckinghamCounty,Va, Ser' 22 1958 COMMONrEALTH OF VIRGINIA IN THE CIRCUIT COURT FOR THE COUNTYOF ROCKINGHAM ~J_.__t,,;~~~- 11~ C~erk COMMONWEALTH v. BILL OF PARTICULARS ELWOODHERRING this On motion of the defendant, Honorable Court, the the Attorney for for a bill states that indictments Odham and Effie for in the the acts Charles 1958, of criminal 11th Jr., of and, criminal negligence manslaughter on the order comes now E. Earman, above captioned involuntary May Morgan, and upon the day of September, Commonwealth, of particulars ceedings, in the the 18th by counsel, pro- alluded of Judith to Ann day of May, 1958, are as follows: That the said the said decedents grossly~wantonly which the existing gerous were passengers, drove taxicab weather wantonly operator and careless said and terrain; Elwood Herring, and reckless of said taxicab; operating the be safely highway and operating manner without condition of the tires taxicab at a stone a gross, existing; cab while wall cab, of reasonably rendering in a the under him grossly) speed the at then visibility the taxicab in a grossl~ said for the mounted regularly extremely driving or gully supporting the and carelessly and utter and prudently want only said and portion a deep ditch for dan- upon the wheels travelled or electric and by grossly 1 wantonly in a state of tiredness thereby taxicab conditions, then want on and recklE;!SS speed made him incapable in which and carelessly off the and telephone taxicab surface U. S. Highway Number 33 over and through into said driven regard by grossl~wantonly said the manner by exceeding conditions, by driving patent could of the and wooden pole conditions driving physical of then said fatigue, operating and carelessly taxiwhich said taxi- inc ompe- ��tent the as a motor circumstances vehicle operator and conditions at then the time existing. and place and under �- ,..., �C122622 DEPARTMENT OF STATEPOLICE Date~/~-_.,._,;?_____ M__ ..:.....~=-==-=:......:=........::::_ t _,!', }. Reckless Driving O City ~....:....=..:...::.:..:..__,;:..__.:.._..:.._.:.._....::...:._:..__:_....:......:._.....!.:.__you are hereby summoned to appear in County Court before: __ •• cm~ _ _,_ __ -'- __ ,at..----------"PM. AM i. to answer for violating the motor vehicle laws of Virginia. to wit: 'MPH Zone 0 MPH 1n _a____ Speedin~g_____ Chauffeurs No Operators License O Illega.~-------O Other □ I hereby promise to appear at the time and place specified above Summons issued under Title 46-Sectlon Failure to comply with this summons offense. Defendant's Signature Trooper Shield No. 0 All traffic lines for Stale violations Fund for Educational purposes. RACE I SEX 'WEIGHT' 193. Code of Virginia. constitutes a separate are paid into the Literary I HEIGHT FT. ] "' <Ul -i:i..:1 z-u...:I .. GI ll, == >> = Ooz IJ.:i J:1-t OPER. OR CHAUF. GI c,_ - Q ts ai a N ~"'"' g G) G) u IC G) ~ i:,.:iJ:1-t~ ~o~ oz ~g 0 2:: uo VEHICLE 0 0 JURISDICTION, COUNTY, OFFENSE DATE u iii £ £ ts ., "' GI iii -.,".... G) I LICENSE NO. STATE MAKE TYPE NO. YEAR STATE CITY OR TOWN NAME OF COURT ~ s: ~ tiGI .!:l I> s: .! ] YEAR ; LICENSE CODE IN. OCCUPATION G) G) ., I VEHICLE CITY "'ll, :x:E-t0 .. E-tO~ ~ ~ :x: " ~~ _ PENALTY PLEA CONVICTED GUILTY □ NOT GUILTY □ DATE OF IMPOSED LICENSE SUSPENDED? GI ::, 11' YES □ G) u b !l PERIOD SUSPENDED LICENSE SURRENDERED? SIGNATURE OF JUDGE NOD OR CLERK -§ 1:::, .!l 0 u -= GI = -= C122622 YES NAME OF ARRESTING OFFICER D NOD TITLE OF COURT OFFICIAL This abstract Is filed by the Judge or Clerk of the Court having Jurisdiction of this case as required by Section 46-414. of the Code of Virginia. as amended. DATE �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Did not yield right of way Improper passing Operating wrong side of road-not Following too closely Failed to signal turn or stop Disregarded stop sign overtaking �Comp. Form 18 I STATE OF VIRGINIA ~ OF Harrisonburg No .._____ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: Whereas, John G. Leake has this day made complaint and information on oath before me, ___________________ _ (Name) Jastice Cit7 or The Peace of the said Ga:lcrxy,thaL---------------- ___________________ Rocking1lam in tmc:DidCounty (Title) _____________ E_l_:w_o_o_d_H_e_r_r_u_g ________________ .d h ll,1,.1. d 1 on t e.__ i.a___ kill day f o-~------=--.J M_. __________ and slay oae Effie May Morgan, agaiut , -~8 19::'.'. __ a:ai felGnioua.l,,., -J : Unlawfully the peace and dignity or the Commo:awealth of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rocld.11gaam County Court of tmxaid County, the body (bmi!ixs) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color Address ----------------□ color Address ·---□ color Address □ color Address ________ color ____ Address --------------□ _ as witnesses. Given under my hand and seal, this (Seal) �::.rr1~isonburp OF VIRGINIA-CClUJ'ITY ST ATE OF-------------------, I. . ___ J_o_:,_· __ G_. __l_e_~_,_:_e _______ to(!'.jt.;_,. Ju9ge-bf- rhe --COuntf. Qiiuv: a in and for the C:roroty-a¥iresaid, State of Virginia, do certify Justice of the Peace that d~O. I., ML\-::i ?A~ORA ~ALL:, (/. .-R.._ and ---i-b'"l.i;t:liiE'l,~!!!_[l.jj/:i!:.-.1J..iJ½~•~~~1~/'/~~~W~~cf/t"""'=-=~--=-_:::_____ , as his suret ii» • ilJO./lliE't•UhFAC"t O""'E _-T 'I to the Commonwealth of Virginia in the sum of i- ~rs·. ($ 12)0. '"'0 land~, and tenements ::awoocl Le·,r:.nr· b~--------, said ____________ 1.oc;;:i:'1f''· 2r;:: 2 P M., at ;Ic rr • S O"l-::.,ll.I' g County, on the 0 themselves indebted Dollars D. D : • J .,.,:I"?':'~~, ;...,._;;.. _____ !T"-:: ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: That the of ,have this day each acknowledged .-::-{ to the use of the Commonwealth Ciccui«: County shaJI appear before the th day of to Court June 19-2B..., at ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in fuJI force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that ___________ ,days J-8e-. J.P. ~ .. (i ~ 0 r.o r.o c:.....o '"?j 5· ,. ~I-'• "-<l~ .. I-' i= 'O ::i V1. p.. . co ~ • ~ -ffi ~ c+ t:s" I-'· (/) ~ g- p.. oq "-<l (1) 0 1--f) IC::'O (I) 0 ~ 0(1)(!) ::i o' 1-'•I-'• c+ (/] ::r O (l) 0 'ip ~ i= • Q"Q t; 1--f) I-'• I-'• (/) 0 I-'• c:....,:.r ~ ::s !lJ (/] ::s p.. ... g:g' ~ ~ ::, (I) 8- g. !lJ "-<l::i ,.::r... () X ~ I>) ..., 0 a: z 3 5· ~ o· ::, l"j > t"' ..., ;. (1) 'd I-' 'i p_. 0 o' 1--f) !lJ 0 o' 'i I-' p z ~r, a: ~ ;. ,. ::, () l"j 0 £, ::r p_. (I) t1 0 ::x: ~ ,:r,.. L.. I "'I"' ::rI>) ~ ... llQ _,. ..... ::t, ::, a. '"?j .. I-' (/] c+ ~ n0 0 'i ::r !lJ ::s p.. ..~ ~ (l) ~ \ 1 >-3 ::i !lJ Q 8 O!}J::,-' c+ I-'• (/] 'i er ... 3 >-3 3 0 ~ ~ n0 ~ "' ::, ~ ... ~ ;. ..>-., 0 ::, Cf) C: 3 3 0 ::, 5· llQ ~ ..... n s::: ► ;:.~... ... ;:.- ... ,. g,. '"Ij r.o ... ,. ~ r.o ... § ;,<;" I>) llQ ~... ::, ~ >-3 ... §: ~ I>) C: ... ... ,.i5. ..., I>) ,. ~ -0 ::, I>) ::, ~ Q. Q. ti:! I>) I>) g- ::, ... n... "' .. :; to a. I>) '< £, < :;· llQ 5· 0 I>) 'O ::, ... ., -0 F" F" ~ '< 0 < :;· C!:l. I>) ~ ... 0 ..., ... ;. ~ ... ... ::r0- 0 ., ~ a. -ffi -s ... "' '< 0 () go.., ~s· 0 ..., (I) (I) ~ 0 g i:, ::, -<! ::.· ;. ,,, n 0 ., ... C: IJQ ~- g- ... "' "' ... r.o $l ... ., ... - .., 0 n d (i n 0 0 C: ::, IJQ ~ a. ... ::, ;::.· ,. �Comp. Form 18 l STATE OF VIRGINIA COUNTY OF _____________ TO ANY SHERIFF r No. _____ To-Wit: _ OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, ____________________ _ (Name) of the said County, tha~---------------- (Title) _____________________________________ did on th~ _____ .___ day of__________ _ ---, 19__ in the said County : Unlawfully _________ _ These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color Address color Address --□ color Address -----------·----□ color ____ Address ---□ color Address --------------□ as witnesses. Given under my hand and seal, this _____ ,day of________________ (Title ot Issuing ~ Officer) 19_ (Seal) �ST A TE OF VIRGIN IA-COUNTY OF _ R__ ....... o____.c~_rd__.__, _#c._G.=-.:/{_:__11_:__1)/J'-L...______ }11991If ffle G!Hty -~~~~S~r-K_'~()/<_K'.~l()..._,_R~N~~ a Justice of the Peace that £L J1,lt)O '/) tiCR/.? /IV t-, and {!IJ,€'1, 13/oLJ.; ~ £Ll(TOH;V'fl, as his surety I, . €.HU to the Comm~wealth RD t ?,:f , have this,,day each acknowledged themse~e~_indebted j{~ollars be made and levied of their respective goods and chattels, Jand5, an~ tenemenl to the use of the Comrr~nwealth TJAIEl JI£ in the sum of be rendered, yet upon this condition: of in and for the County aforesaid, State of Virginia, do certify Hrr!j of Virginia J:}.5 0 '"" ),to ($ , to-wit: /le &1(1/y6.. EL woo}) That the said t{, .N (,, UeIll} /il()t,I ))/2,e)) ¾,I) . County, on the :27-:tir , shall clay of IJ appear before the ~tut{lz- G~ to Court ' 19d. County at M., at A/?./(JS.ot{A,//c{,.. ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation &o remain _in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; affll 11pea die hrthrr rendition tbat ..1·u.,":•;:•:ili!a!1-11!!""~=---iii-eii-ii-■-■~°i---------------- "S11K3T'.IGl~JIC9!J~t!t!hll!'t"'lP!'lllllili-=iiiiflii:fill;.Jb;e;:eH~giiiiil!f!fibiK~.~i6f&?-fi!.ns!'l't-.u"'-,P~tlli·•J !la£.., __________ _.~ zit !liiieiit i Nonappearance shall ~med to constitute a waiver of trial by jury. 9 G;ven und« JO my hand, th;, \[<},U: d,y of J;tar£~ ~ . J.P. ;. r'D "%j tl s· r'D 0 ~ 2- .... "' SU < C: !" n 'O "o ,.5; ::s "' a. ... ::,- ~ ,. ti ~ ,. 0 > (") ~ ~ ~ ~ SU 3 l".I (") SU > z ~ a:: ::s 0 a: pz "%j 0 > ~ ~ l'1 > t"' s· ... o· 2. ;. r'D. :z: l".I ~ Ul ~::,SU .., aq _,. .... ::n L, °" r ::z: ::s n ~ ~ >-l ~ ➔ 0 :p. - r ::s Cl. SU '< Cl. tl Ul !3 !3 !3 0 '%1 ~ ... 0 e s· ,. ~ ... e 0 (j 0 .... rn rn !3 0 ::s s:: 0 ::s ~ g- ,.rn rn ~ ,. e;. s· > aq .... .... > ... .... g,. .., 0 ::s ,. '< ~ rn rn ,. '-' (j ,.,. ;,; ~ "%j SU ;:..., i!:: ;:.SU ,. aq > .., .., r'D ~ to ~ >-l .., §: ~.., .., a <: :;· g IJQ IJQ SU r'D F' F' E. ~ ~ Cl. i5. r'D '< .., SU 'O ::s Cl. Cl. SU 0 ,. SU .., Cl. .y, ::s ::s n 2. ::s q 2. r'D ., C: to <: :;· s· s· 'O 'O ,.SU ... ,. O" .., 0 r'D >-l ,.;. ,. ::,- "' [ (") 0 r;,0 ~s· ~ 0 fl) ➔ fl) g g 0 ::s ::.· ~- ~ ;. ... .... ::s ,.rn rn ,. (j 0 s:: .., i "' ,. .., ,. ~ - ..." r> - IJQ 0 (') 0 s:: ... ::< ::s n 0 IJQ ::s ;..· ,. Cl. �In the Name of the Commonwealth of Virginia: To the Sheriff of )~alffi: You are hereby commanded to summon County, Greeting: CHARLOTTE ................................ BEV.ERLY ...KISER, ...Abile.ne .., ...Vir.ginia ...................................................... . ·············•························· .. ·················l··P ···················································Y.(!.: to appear before the Judge o'clock, a. m., on the ....24th Commonwealth-befare-tlre of the Circuit Court of Rockingham day of ..Se.pt.ember. County, .... ... 7 at the Court House .. 9............... . ~....... thereof, . at 9 :30 ...... , 19.... 5 to testify and the truth to say in behalf of the ·unrrrd-J,.rry-, against ....ELWO.OD. ..HERRING................................................................................... . who stands changed with and indicted for a felony-nri-sdetnee!tO!". And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, And have then and there this Writ. JR., Commonwealth's Attorney for Rockingham County and the City of �- d -=----1 �Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sh.eriff'b ::Saia~Crolnt:y:; Greeting: C • ty Sorge You are hereby commanded, t, Ilopm-rnll ~i "'gin· in the name of the Commonwealth of Virginia to sumrno1~--------- Vi ein..:..n Schric::> .....; 221 2 J i"',.. r,,1" St.,,.oct, to appear before The County __ l_s_t ___ day o~f__ Court of said County, ~J~u_l~y ___ , 19~, sitting I npcwc11 , Vi "Cini at Harrisonburg, at the hour of 2:00 Virginia, o'clock, i.:' in said County, on P. • of that day to give evidence in behalf of_ ___,C!<...o=r111 .....n...,o .... 1u.11 .... v~e ..... a...l.....,.t......._ ________________________ 111 the pending case of ___ 1,.,.!l=O=I.._.J=W=c~J...,,t._.h...__ _,,C'--''.Jt= _____________ _ __,__ -:::.::=:=::Y::::::l2::-:=·c-'/_/,~~-- Y/. / V. Clerk re 1c.x 6-56-5 M-Garrison �The County Court 26b6D A _____ Docket No. Co 26571 A o 1 '1CC31th ( V. ( Witness Subpoena ( o :-.cis on Ju~. -, 195 ; �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ... ......O.nni.e...Mowbr.ay. .......................................................... . ............................................................................. Buddy ..Baugher. .......................................................... .. to aPPfj~jfiore the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at lK.o'clock, a. m., on the 24thlay say in behalf of the Defendant of ..S-eptember .......... 19 .53.to testify and the truth to in the prosecution of the Commonwealth against....................................... . ............. ~i~.c,9..d..JI~r.:rJ;n.g··········· ........................................................................................................ . who stands charged with and indicted for a felony m~en,et1N@T. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .l.8.th ........... day of .....Se.p_t.emb.er... 19 . .58, and in the .18.Jdyear .............. ~ onwealt . • .... Clerk �r .c;XECUTED~Zi-d,/ ROCKINGHAMB THf ,.,')UNTY(H DELIV1: COPY OF THE WlTHIN~..c.L"::" T0~.~~~~4-,....:.:~~W PERSON. 8~ I . . �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .. ..l'1~r.Y. ...Eµ.l,y~y .................. / . ............................................... . I to a/'!eeJ before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, 9 of. .......S.ep.t.ember.,........ 1958. to testify and the truth to at 1KIC.o'clock, a. m., on the24thday say in behalf ......................... of the Defendant in the prosecution of the Commonwealth against.... ................................. . ....... ....... ~;lJ~~l9.9.4 ... ffe.r.r.tJ~K ............................................................................ . who stands charged with and indicted for a felony ~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ......2.2.d ........ . day of •••• S.~Pt..e.mPE?.r..J.. 195~.,and in the l~~:d~e~r.-;l;:;Z~~l~.h. �t �In the Name of the Commonwealth of Virginia: To the Sheriff of~ You are hereby commanded County, Greeting: CHARLOTTE to summon . :r.:·. .,.... to appear before the Judge of the Circuit Commonwealth-befot"e-the-Bt--an&JUTy, i1en. .t .... 1 • r. ini Court of Rockingham ......................................................... . County, at the Court House thereof, at 9:30 against ...E.Ll0.0.......'..J,._..!N. ~............................................ : ...................................... . who stands cha1;ged with and indicted for a felony-mi-sclemea~. And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, And have then and there this Writ. JR., Commonwealth's Harrisonburg, Vinginia, at the Court House, the.22!.... ... of of the Commonwealth. Attorney r, •c;,' ... •·, w-•~ z for Rocking,ham •··· •••••• County and the City of ··7• 19r. an th e 18"·~·-. iU~2 ....... . Commonwealth's Attorney �-~~ Executed on th.__::2-=:-_dayof--~ 19 in the Counj\, of Charlotte,Virginia, by delivering a true copy of the above mentioned pa;:iars attachedto each other, to -:;..-..Jl~~~-----'1-~--~~-----------------~---------- •==~~-~----------------r;-----1._,-:;,--·-r71-~--";7"~:-------------- 1n per:i~m. {'f_~-------------------~,J---------------- DEPUTY SHERIFF, COUNTY'' OF CHARLOTT!:, VA. �In the Name of the Commonwealth of Virginia: To the SQ:tel1iff f~lrlnglicmx:.::CO~, You are hereby commanded Greeting: CITY SERGEANT, HOPEWEIL to summon .......... ........... ...... ... . . ................................................................................................... . ............ V.l..RG-.INIA. ..S.CH.AAF., ....2.2.12...Pic.ke.t.t. ...S.tre..et.,...Hop we.11., ..Va ................. . to appear before the Judge o'clock, a. m., on the ...24th Commonwealth of the Circuit day of Court of Rockingham .Sept.embe.r. House thereof., at 9 :30 ..... , 19.5 . , to testify and the truth to say in behalf of the b-efotie-th-e-Grand-:fn-ry,against ......ELWO.OD. ..HERRIN.G ................................................................................. . who stands charged with and indicted for a felony And this you shall not omit under penalty. Witness, County, at the Court CHARLES E. EARMAN, Fn+se@nH~a-a9r.,. And have then and there this Writ. JR., Commonwealth's Attorney for Rockingham County and the City of �TRt ND AT q lF.~.19:_, .. ,,, • .. . . - t .)/~k..COU1~ jP ~ DAY .• NOT. so l'HB wr~HJN ..~ Jf::_9' .... DAYom •.__. _,....,.~....!:Y l'.)..;) ..WJ'l'.IN TID.'.iCITY: ~It~flG A TRUE THE '3.Ali"' N NRr .liC AHD COP~ -~~~~ l~;)k···- W.ASPOUNDA'L-...._ ... ..... ···-···Uru.AL PL.A.Ci:o,r A.B6)DEAND WHOIS A ........... FAMILYAND J.. .,.,, �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ................................................................. T.RO.0.PER ..FAILES........................................................................................................... .. .........................SGT......BIRCKHEAD ........................................................................................................... . ................ .............. ......CHARLE.S ...M.•....SEE.,....C.arr..1.s....T.ir.e....S.er.v.i.c..e. ............................................... . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the ..24th Commonwealth at 9 :30 .. day of Sept.ember ............. , 19.. 5.8, to testify and the truth to say in behalf of the bef~re-tne-6ra:nt!-Jttry, against ..ELWO.OD. ..HERRING.................................................................................... . who stands changed with and indicted for a felony And this you shall not omit under penalty. Witness, County, at the Court House thereof, CHARLES E. EARMAN, misd,@FR@ai}Qr. And have then and there this Writ. JR., Commonwealth's Attorney for Rockingham County and the City of �1rrn:FF �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .................... . ...................... ............................................... 1-:.RO.O.:PER ...f.Al.LES.................................................................................................... .. ........................................ GUARLES ...~ .•....SEE.,...C/o....C.ar.r....B...o.~.............................................................. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . .................. to appear before the Judge o'clock, a. m., on the Commonwealth . ~.G'.l' ....... of the Circuit 18th day of l3.J ...G.fillE.AO ....................................................................................................... . Court of Rockingham House thereof., at 9:30 before the Grand Jury, against ......ELWOOD...HERRING ................................................................................. . And this you shall not omit under penalty. Hmisonbmg, at the Court . ..August .............. , 19.5.8 .., to testify and the truth to say in behalf of the who stands changed with a-ntl-i-neli-deel-fm-a felony Witness, County, CHARLES E. EARMA And have then and there this Writ. , JR., Commonwealth's Viaginia, at the Cou,t House, the. of the Commonwealth. a1+seeraeaR0i:.- Attorney 7th of ·;---August-. for Rockingham ...... , - ✓~ County and the City of ~7 2 Commonwealth's the ~--_,,,~....-~v-: Attorney la.3rd yeru �TEDM~ ,-~..IBCUTED ,~::¢t'iN ' THE COUNTYOr ROCKINGHAM BYD COP ' F TH TO /:; / ,-FL---+-~~s;...__-- L ON. ~~.Lt14-.~GL.£:!::.~ @}'J., �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................................................ . ......TRO.0FER ...J.o...R"···FAILES.................................................................................................. .. ,, .SGT..o ... B.IR.CKHEAD ...................... ,.............................................................................................. .. ..................................CH.ARLE.S ...M.o....S.EE, ....Carr ..B.ro.th.ers............................................................................ . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the .... 16.t.h day of ...June. Commonwealth ................ , 19.5.8 , to testify and the truth to say in behalf of the before the Grand Jury, against who stands changed with ar~-il..didea-i~i:-a . ELWWOD..RERR.IN.G ................................................................................. . felony And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, County, at the Court House thereof., at 9 :30 HoJ..i.&4~ea.tQr. And have then and there this Writ. JR., Commonwealth's Attorney Harrisonburg, Vinginia, at the Court House, the . 4t.Ji. ..of .... J:u..ne. of the Commonwealth. for Rockingham . ........... , gp8., County and the City of and in the l.82nd y:ear e~i£~~ ...... Commonweafth's Attorney �m t ::l i i! !j j �i 1 /,2 0 �Docket No. uri . AU&:. ,U: COMMONWEAL TH of VIRGINIA 7 A ,,,_,_~,, .. ,,.11v ~. ,/J/ r VS. Indictment #1 P·) ) ) Felony ELWOOD BERRI NGf fr· /) ly. ~ ?, ~ ( inv. mans.) ) ~ t ~ f; ~~ /4,k~c'.ec 1~6 kec~ ~ 2; ~ ~ /' J --=Dc...c.o~na"-'--1'--d---'D'--.'-----'--'-L"-'-i t_t_en _______ Own ( ) Appointed ( x) p. d. )r~ 1 I. 1& "),,/.7 I Po ~ 11. r CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co,, "- Phila., Pa. �).(,r1 i A-COUNTY COURT Criminal Docket A N<? 26572 Com'th V. - - - -?' Defendant Appearance Date Trial Date - --~ - 6 .....7 - 1-/-.r~ ~- t" �.... � 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/. Title A name given to the resource Commonwealth v Elwood Herring Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1958 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_019_001 Herring https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_002_commonwealth-v-elwood-herring.pdf 05e3c828fffce2807d98c96abb64cefb PDF Text Text COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGH , to-wit: In the Circuit Court of Rockingham The Grand Jurors the of the County, Commonwealth of Virginia, body of the County of Rockingham, Court of said on the ously County, dignity upon their 11th day of May, 1958, did kill and slay of the Upon the See and Sgt. now attendin oath present in said one Judith County, that 1958. in and for the Circuit Elwood Herring, unlawfully Ann Odham, against and fe~onithe peace and Commonwealth of Virginia. evidence of Virginia Birckhead, witnesses the Grand Jury August Term, to give evidence. / Schaaf, Trooper Failes, sworn in open court Charles and sent to M. �#~ ( PRESENTEENT COID1ONWEALTH V. ELWOOD HERRING A TRUE BILL Foreman Charles E. Earman, Jr. Commonweal th' s .Attorney ���Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: Charlotte To the Sheriff of UBCounty, Greeting: You are hereby commanded, in the name of the Commonwealth Beverly Kiser; Abilene, to appear before The County __ l_st ___ day of~___ to give evidence in behalf of Virginia to summo1~--------- Va. Court of said County, J_ul_y __ _ sitting at Harrisonburg, 19-2§_, at the hour of___ Virginia, 111 said County, on 2_:_P_M ________ o£~C~om~'~t_h _________________________________ _ Malcolm Ray Morris and Elwood Herring v. Given under my hand this ___ l_l_it_h ___ day of._____ J_u_._n_e _____ <2;~~/ 6-56-5 M-Garrison , 19--2.L ILM ,of that day G2L~ �The County Court _____ Docket No. 26569 A 26571 A Com1 th ( V. ( Witness Subpoena ( Malcolm Ray Morris Elwood Herring July l, 1958; at 2: PM �Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of Ck..:-lotte County, Greeting: You are hereby commanded, in the name of the Commonwealth to appear before The County ___ Court of said County, Jul 1"---·...,_\ ___ day of,__ --------"'-=""y._ ___ , sitting of Virginia to summot _________ at Harrisonburg, Virginia, 2, at the hour of,__ ______________ 19~,~ c i_c Given under my hand this,____ 6-56-SM-Garrison ,T '""'" -_l_t_h _____ day 0 f,_ _____ J_u_n_e _____ _ 19 m said County, on of that day 1 to give evidence in behalf of_.0-'-"•Q,...,.._ t_t"'•;.,..1~---------------------------------- V. _ 56 �The County Court 26569 _____ Docket No.26r'7l ( V. ( Witness Subpoena ( �~it: for the ~ aforesaid, State of Virginia, do certify that ---iU~t.!a;f;;f;~::;::;;::::f!c~~-E!::.~~~~~-:---~.,,- and ATTORNEY•IM•F.O,cT. to the Commonwealth of Virginia Dollars in the sum /;?.S't). ($ of at ---"-__._ __ _, M., at 1-+i....:...~'-'-":....,.::,:....::'---'--"'<-=-..:.....;:c...:: ___ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, ane..QJ::io>reany court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation &oremain _in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; a I &po:: the fu1!!ft:t cetulititm, tkat ~J.P. ;. (") 0 'Ij r, .... s· U) ..; t'%j r, >< r, "'G (") '0 (") !" r, ; ::s !a < s. (") 0 U) C. r, C. .... ~ ::,- 3 8, .... ::,- .... 2: ::s ..... ::n ::s 0 'Ij z == p 0== > ~ ~ 1-3 t"' ..; z tr.I > ::i: .... r ,~ 0 ~ t'%j VI ~- tr.I ..; 0 > z..; s· ., .... o· ::s .,::,.., _... n :,.; ~ ~ t1 OQ 0 > r, (") t:, ~ r, ., ~ Q. '< C. (") 0 ., ... 'Ij s· n, 1-3 Sl. ~ 0 !!!. (") 0 ~ "' Ul C: ~ g- 3 30 9 90 :l! s· > ::t ::s r, e. .... ::,- ~ g.., ::s n, '< ::s r, "' U) OQ ~ g- r, "' n, "' r, ::s ., C. ::s (") n, .._ ~ 'Ij r, r, ., (") ;..., :,;- ~ ,.. ., OQ r, > .., ..., r, ~ to ~ .., .., E ~ .,.., .., ., C. 0. r, '< .., ::s .... e. ~ ::s to '< .,.., 8, .... 0 5.., ., .,., OQ r, '0 0 5., OQ s· s· _,.;· ::s C. ., C: '0 '0 _,.;· n, ~ er n, .... 0., 8, r, a. Er n, "' 1-3 ::,- r, .... g_ 0 :l! 0 0 rn ..; rn gC: 0. s· ., 0 p ~ ::s Er r, g OQ ::.· :!l. gn, "' n, "' (") 0 C: ~ r "' :l! n, ., n, 0 ., .... n, (") (") 0 0 OQ ::s e. ~ C. C: ... N r, �Comp. Form 18 l STATE OF VIRGINIA COUNTY OF _____________ r No.,_____ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, --------------------- (Name) of the said County, tha.c________________ _ (Title) _______ did on the _____ day of__________ _ , 19__ in the said County : Unlawfully These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color Address -----------------1 color Address ·--□ color Address ·--------------□ color Address ------------------□ color Address --------------□ as witnesses. Given under my hand and seal, this,____ ~day of________________ (Title of Issuing __, 19_ Officer) (Seal) �S. P. - REV. 82 County or City o-f_____________ /,__ .c.;-~-'--"~-=-~-------------__,__-------'--'---'--('~-----You M__ C122621 DEPARTMENT OF STATEPOLICE 4-4-57 ~__ , --'_-'-"-1'._._,_t _______ ~,t--- fc - Date City are hereby summoned to appear in County Court before: I ~ O•un..c•~-='--'=-~at~_;;i, Reckless Driving D __ ·_r.J ~PM, ___ to answer for violating the motor vehicle laws of Virginia, to wit: Speeding.,.._____ MPH Zone 0 MPH In -a____ Chauffeurs No Operators License D Illega~---------LJ □ Other Summons issued under Title 46-Section 193, Code of Virginia. Failure to comply with this summons constitutes a separate offense. I hereby promise to appear at the time and place specified above Defendant's Signature Trooper All traffic fines for State violations are paid Into the Literary Fund for Educational purposes, /1 / DEFENDANT WEIGH:1 I .i < t/l -i:a.:i z-u...:I ] .,, = >> -i:a.:i IJ.i ,:c;~ Ooz I =O 0 OPER. OR CHAUF. ADDRESS p, tll.,, *.,, ., u Cl) Cl) p, cl i:: .2 ~ ~a I VEHICLE N ~ G IC VEHICLE• 0 ti I HEIGHT I FT. MONTH LICENSE CODE IN. BORNI NO, YEAR -BORN STATE I ..Gia CITY j Cl) JURISDICTION, COUNTY, CITY YEAR - MAKE I LICENSE TYPE NO. YEAR STATE OCCUPATION J NAME OR TOWN OF COURT cl Cl) .. ~~= Ji .. i:a.:I IJ.i ~ .2 .2 .,, ~ 0 ,:c; ..!.. ti 'i.. oz ~g u.... ~ga .. 0 ::: =s u~ E-t HAIR Cl) Cl) t!J ,:c; E-t wuod • ti Cl) 0 OFFENSE DATE u ti Cl) PENALTY PLEA CONVICTED GUILTY □ NOT GUILTY □ DATE OF LICENSE IMPOSED SUSPENDED? Cl) ::1 YES □ D' Cl) 0 b ,!,'l .Q 0 -;:: PERIOD SUSPENDED LICENSE SURRENDERED? SIGNATURE OF JUDGE NO □ OR CLERK ::1 0 t) YES □ NO □ Cl) ~ -= C122621 NAME OF ARRESTING OFFICER TITLE OF COURT This abstract Is filed by the Judge or Clerk of the Court having required by Section 46-414, of the Code of Virginia, as amended. DATE OFFICIAL jurisdiction of this case as �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Did not yield right of way Improper passing Operating wrong side of road-not Following too closely Failed to signal turn or stop Disregarded stop sign overtaking �Comp. Form 18 l STATE OF VIRGINIA ~ OF Harrisonburg To-Wit: No. _____ _ r City TO ANY SHERIFF OR POLICE OFFICER: J .R. Failes Whereas, John G. Leake has this day made complaint and information on oath before me, ------------------- Justice (Name) City o! The Peace of the said Gmn!l:iy,tha._ _____________ (Title) Elwood HeITinc did on the __ l_lt_h __ kill and slay day of ___ oae Judith ______ 19~: M_ay~---------, Ann Odham, against Unlawfully the peace and dignity _ Rockingllam in tlimc!ixdCounty ancl felo:aiously, of the Commo•wealt1l of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Roeld.agham County Court of 1:1:Dca:ild County, the body (!:des) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color Address □ color Address □ color Address □ color Address □ color Address □ as witnesses. th___ Given under my hand and seal, this_ 2_7_ day of ______ M....,.,...AJ' ________ 1l2U JUSTICEOF~EACt _, (Seal) Officer) �OF VIRGINIA-C~v:tOF .S t)AJ/j,()(Gi~n~an-d ;Jl> ff N b-, l /:;IJ Jr!£ /llf/elcf a J lg f 7 C ; •• Cl wool) N cRR. 11'/t.., Justice of the Peace that 0 "' d~€LWf J:=/J-V~7( 11: +;;,~,Sw.~~j and _ __J_l)_L.:S:,UZ.~J;Z..-f.!.IU_::;:..,_,ob~-~-;;;=~-'i=;~-;:;.-~-,,,,;;,~:....:_.:_ _____ _, as his surei ~ STATE I. _ AUO to the Commonwealth ($ for the~- foresa1·d, State of V1·rg1·n1·a,do cert1·fy 1 12 ,.....0 • 00 Y•llh i_ :.J.C JJ C 0 of Virginia in the sum of ), to ' ~s• r,-,--rr r,-,,:- be made and levied of their respective goods and chattels, ~l be rendered, yet upon this condition: That the said lJC Cd :- themselves indebted D .:D ' - D : 'I:-''.:'~~ --------- land5, and tenements :!:eI":'.'::.'..ng , shall 0~;,_t_h ____ County, on the __ of , have this day each acknowledged Dollars to the use of the Commonwealth appear before the Ci~t County day of __ J_u_n_e ________ to Court _, 19 58 ' 2 P M., at --"--"----------'b..._ H riso~½urg at -------'-' ____ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that ___________ ("') ::1~ 0 ;~ .... "' "' ~ ~ I-'~ '-0 \.Tl OJ . § p.. c+ ::r f-'• en 'u .... 0 ~ en C: ~ s ._ ~ 3 ~ ("') 0 ~ " e:. ;. aq ~ " to > .... ~ ::, ::,. g "' .,"' e:. "' Cl) ::, ~ .,0 ::, n, '< 3 0 ::s 5· ""'"' ""' ""'"' ::, (") "%1 n, ,.. ., ("') ;,;- ~ ;.- "' aq >.,., n, p.. ~ E " " "' _1 :2 ., "' ., "' ~ I! (0 ____ n, >4 ~ 0 "' 3 5· e:. 5· ::, (") ~ :;,;I :;,;I (") ► 0 ; .., >-l ;. ;::h ~ "' ::,. 8, :,- .., "' aq _n, ::i:: ..... L I ~ -........ ::, ::,. '< ,:: .., 'O ::, --Q.. "' '< 0 ...., "e:. '< :::; .., < ~- aq 5· 0 aq "' ""' .., 5· 'O 'O - r::r _;· F" e "' "0..., 8, n, Q.. ;. n, " >-l :,n, ... g_ r .., en en go C: .., 0 g p ::s ~ ;. ,,, ;:;: ("') 0 t- ~ 6 ~ \0 0 6 z p ::, (") e,.. _, t1' >-3 ~ ~ t1' ls"~ > O"Q tI'J t"' U1 (1) 0 0 8. z>-l a: fO 0za: 0.. ::, ::,. t:, ~ t:x.l> n, (") ~'U i-' 'i p_, 0 o' I-+., ll,> 0 o' 'i i-' H;, >-l ..., i:: • "<! t:l 0 ~ (I) ~~Pl ~ to '1 < !" 8, ::i Cl) () ;. p.. ::r ...... (0 (1) c..., (0 ::i ~ 'i c+ §. (JQ (0 3 3 0 (0 CD I-+., I-+., 'i ll,> f-'• I-'• 0 c+ p_, p_, p' ::ro (I) ll,> {/) en c... p (0 ...,, ::i c+ o' o' ::r (I) "<! 1-'·I-'• Cl) ::, (JQ c+ Pl ("') 0 n, 0 i-' ~ ~ 5· (I) ~ ::r ~~ .., ::i p.. 'i \ >-l g_ ~ I-'• C/l I-'• ~~ .. ::i \ "%1 ll,> 0 C...,Q ays t \ t 6 .... \0 l 0 5· ~ l)Q §. s ""' "' " "' i:: .., ~n,.., .... n, 0 .... n.., (") ("') 0 0 OQ ... ;:.· C: ::s '.:< n, ::, n. �Docket No. JJ£1 . COMMONWEAL TH of VIRGINIA . VS. I ndictment #2 - ELWO OJ HERITT NG )) Felony ( inv. mans.) ~ ) r l1' \ t ( D~o_n=a~l~d~D~•~L=i~t~te=n~-------P· Own ( ) Appointed (x ) d. CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co,, Phila., Pa. �COUNTY COURT Criminal Docket A NC? 26571 Com'th V. ;:o Defendant w· -r.J.st': Appearance rll Date C - 't - ~-~ t-._ Trial Date ") _ / - J- rf' �y 'fJ. I 'W.J J. / ¼J.-2, 1-~(,~ \ ' .... ~ ~R 1, {!_~ ,, ~4~-7~ ~J:u ; ~ � 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/. Title A name given to the resource Commonwealth v Elwood Herring Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1958 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_019_002 Herring https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_004_commonwealth-v-f-t-hinkle-jr.pdf af325e75b6eabbb9eaf9d8d5377e2c2c PDF Text Text JDR 3303C DPW 3975 Ref. 10-29-53 Pre-Trial Report Rockingham Coi.mty Department of Public Welfare November 5, 1953 Name - Susan A. (Hinkle) Address - Grottoes, Taylor Virginia Child - Barbara Ann Hinkle, born 12-17-44 See petition Present Problem: age 8, Name - F. T. Hinkle" Jr. (DIVORCED,l9q 6 ) Address - Grottoes, Va. Trial -11-6-53 Attorneys - Mr. Hammer Mr. Charles Earman, Jr. charging that Mr. Hinkle has not supported this child since 1946. Mr. Kenneth Taylor, stepfather of Barbara Ann, in whose behalf this petition was filed, appears to have encouraged his wife to take action in the matter becausej .:' ~.., the child has been in his own homes in·c e the summer of 1953~re has been no money received for her support,and what clothing the child has worn has been furnished by him. When the paternal family furnished her clothing, they would not let her br±ng it home with her, unless it was well worn. It has been difficult taking care of his present family obligations because of frequent lay-offs from work, and his wife has recently gone to work to pay current legal fees involved in this case. Mr. Taylor feels that 50.00 per month for support of this child would be adequate to allow her mother to stay home and take care of her as well as the Taylor home. Mrs. Taylor has the appearance of a teen-aged girl. She claims that Mr. Hinkle's parents and he have constantly interfered with Barbara Ann and keep her constantly upset. She wishes the court to instruct the Hinkles to leave the child strictly alcne. She also requests sufficient money to cover the child's monthly medical and other needs, approximately $89.00. She does not recognize that the father has any parental rights. I Mr. I-IiKes Statement & R3ati.on: Mr. Hinkle was very cooperative and showed considerable interest in the welfare of his child, and although he is i.mwilling to contribute to the financial support of his daughter in her present situation, he claims that he has furnished 90 per cent of her clothing in the past, and he took partial care of her while she was staying in her paternal grandparents• home. This continued until the summer of 1953. He is distrustful of the way Mrs. Taylor would use whatever cash be would give for benefit of the child, but inferred that he would be willing to accept reasonable arrangements that whatever funds were paid would be used for benefit of the child. �,J ' .£''.!J;C., 11- h (lr{o er: _f u .:t - J. G:I 1-, vfl.;J .. c.i: i,t [ '" 8S 'I + 'IC .,JJJk ~ clr.'I r r'."' ;j ;~ ;. 1 ITT--,,-! •£ 'J ,t [-\ ,I ~ "' 'l ( rt r �- 2 - Previous Problems: The Hinkle family obtained a divorce in 1946. Family History: The Hinkles were married on 5-6-44 and had one child, Barbara Ann, born 12-17-44. We do not lmow whether this was a forced marriage or not, but it was unsuccessful. Mrs. Hinkle,being an extremely nervous person, made home life difficult for her husband who is said to have run off with another womanto whomhe is now married and with whomhe says he has a satisfactory home life Mrs. Hinkle divorced her husband in 1946, obtaining custody of Barbara Ann. Since the divorce, Mrs. Taylor married in 1947, or in 1948, and there are rumors that this marriage is also going to fail although Mr. Taylor insists that they have an 11average" marriage. Oddly enough, the child was placed with her paternal grandparents for at least one year during which time the nervousness which had been earlier observed appeared to disappear to a large extent. In the summer of 1953, she returned to her mother's home, and her nervousness has been noticed to increase since then. Both sides of this child's family insist that the other is trying to poison her mind against them, and we suspect that she was removed from the grandparents' home in a spirit of spite. Neighborhood references make conflicting statements about the Taylor home, some liking them, some being violently hostile to them. Recommendations conc~rning the father's home and grandparents seem to be uniformly satisfactory. References feel that the Taylors are not giving this child proper supervision, that she is being forced to give in frequently to her half-sister, Marsha Taylor,(4) Religion: Barbara Ann attends the Grottoes Methodist Sunday School fairly regularly although the parents are irregular in their attendance. The child appears to be accepted in her Sunday School, but she appears ·to constitute'a•1hinor behavior problem which is not as outstanding as many other problem children in the same Sunday School. Health: Dr. Tanner has diagnosed Barbara Ann's nervousness as mx>rea (St. Vitas Dance). He does not feel that the child will die from this disease, but that she requires a calm household in which to grow up. He says that her P1-B~¥5r'idifficulty is likewise of a neurotic nature and was pleased when she::OOg~ improve while living with her grandparents. References feel that Mrs. Teylor is a dull person who is quite nervous. io Employment: Mr. Taylor is employed at DuPlan earning between $225 and $250 per month. His ... wife is employed at Sancar $25.00 to $30.00 per week. Corporation in Harrisonburg, earning an estimated Mr. Hinkle is employed at Merck and Companyas a painter and is well thought of for this work. He says that he earns approximately $63 per week. H~ would be wil~ing to. pay for the support of Barbara but would be unwilling to give money to his ex-m.fe because he claims that she does not know how to use it properly• He said that he thought $50 per month would be more than he could pay for support of this child because of his own home and household. �( .. '" j-i ;J!ie.L I O'I-; I .' (' C _,d • ,J ·~ ~ ~ J. f.J3 ' 1· �- 3 - Home& Community: The Taylors live in a small stone house on the Weyers Cave road from Grottoes. The rooms are small but well furnished, and housekeeping standards appear to be high. Education: Both parents completed part of high school. Barbara Annis now in the third grade at Grottoes School and appears to get along fairly well, but the new teacher was unable to give me definite information aoout her. Summary: While there is some basis for the petition, we feel that the basic reason is spite. Mr. Hinkle has not supported fully, but probably would contribute if he could be assured that Barbara would receive the benefit of his money. Ideally, the child would benefit most if she could be placed in a foster home. Plan: We believe that Mr. Hinkle ·could pay $40.00 per month. Mrs. Taylor, now working, could contribute the 1:alancebecause she is not giving as much care in the home as she might if she kept house. ~L~L~ Court Social Worker Rockingham County DPW JIB/me CAC/Supt. c.._, - . ~ �...... . I •n~e cf ln �JDR3303C DPW3975 Ref. 3-20-54 Pre-Trial Report Rockingham County Department of Public Welfare May 6, 1954 Name: Susan A.(Hinkle) ddress: Grottoes, Taylor Virginia Orll.dren:Barbara Jinn Hinkle Marsha Taylor Age: 9, born 12-l7-44(Barbara) 4, born 7-1949 (Marsha) Present Problem: Name: F. T. Hinkle, Jr. (divorced 1946, remarried) Address: Grottoes, Virginia Trial: ~ J- 1 3 - s'""'Lf Attorneys: Mr. Hammer Mr. ·wharton ee petition requesting that a previous non-support case be reopened to consider change of custody of Barbara Ann Hinkle because her father believes that sre is receiving improper care in her present home. Wir. Hinkle says that he has been paying the child's mother regularly for support of the child, but he is convinced that Mrs. Taylor is giving improper care because she is leaving Barbara Ann in the care of a teen-aged girl while Mrs. Taylor works; because Barbara Ann has been kept out of school for unnecessary periods of time and without any justification for doing so; because the Taylor home is dirty and crowded; because Mrs. Taylor refuses to let Mr. Hinkle's relatives visit Barbara n and have her visit them; and because Mrs. Taylor is not furnishing proper medical care for Barbara Ann. Mr. Hinkle desires the court to place Barbara Ann in his custody but indicated that he might be willing to consider other placement if the court could not accept his home, as well as that of Mrs. aylor. Mr. Hinkle, his wife, and his parents have indicated great concern because Barbara .Ann I s health has not improved as they think it should, primarily because Mrs. Taylor has not taken the child to see a doctor nor has she followed a:ny particular type of treatment which may have been advised by her physician. They-resent strongly Mrs. Taylor's refusal to let 1~s. Hilkle,sr. ~ see the child and that she hastwritten to Mrs. Hinkle, Sr. requesting her to make no further effort to talk 8r communicate with Barbara _l\nn. rs. Taylor's Statement: rs. Taylor feels she is giving Barbara Ann satisfactory care. Barbara is sent to school regularly with the exception of a two weeks 1 period during which time she was suffering from chorea (St.Vitus' dance). She has been giving Barbara Ann medicine for her nerves, and she has improved. Upon more than one occasion, Barbara .Ann has been disturbed by visits of Mrs. Hinkle, Sr., her paternal grandmother, so that it seemed wise to request that Mrs. Hinkle,Sr. refrain from making these visits anymore. While admitting that her housekeeping is not of the best quality, she believes that Barbara Ann's personal requirements are fully met, that she is dressed properly, in clean clothing, and that she has proper food and other material necessities. She is willing for the child to see her father at any time, and recently allowed her to spend a week end in his home• �. -" • .L6.i.. ['I fl I ' L .. ' J .. .,_ ,.., '- I 'l- •r '1 .- , J. ., + " . ~ , i° 1,. ..,. ... rJj' ·,·~ U ~~ JC, .J L .. 't.:, ' .. ,1( Jj -: iL ' 'IIH1..,::,_;_J')..1:, r.n. ''l.b• '.i u • 'J, J ·1 W::J' .... �- .2 Mrs. Taylor persists in her feeling that Mr. Hinkle ~as given up any r~ghts which he may have had for his daughter by his desertmg her and the child several years ago and because he has not made any direct effort to contribute to Barbara's needs since Mr. Hinkle's remarriage. Mrs. Taylor believes Mr. Hinkle, s mother, Mrs. Frank Hinkle, Sr., is primarily responsible for the present action before the court because of her own needs to "possess" the child. She also feels that Mr. Hinkle is angry because he has to pay a support order and that removing Barbara to his own home would injure Mrw. Taylor and relieve him of some financial strain. Housekeeping: The Taylor home is crowded with furniture and with the family which is really too large for the two small bedrooms. Barbara nn occupies one, and Mr. and Mrs. Taylor with their own child, Marsha, occupy the other one. The house appears to be clean but is not very well arranged; and at the time of my visit, had a large amount of clothing scattered around several of the rooms. This was in addition to the toys,bnoks, etc., belonging to Barbara Ann. During one visit, Mrs. Taylor had a teen-aged girl taking care of the house, and at my last visit,an adult Negro womanwas in charge. ~e believe that Marsha's welfare would be better served by placing her in the same room with Barbara Ann. The family should have more space which we understand is planned for in a new house which they are expecting to build. The F. T. Hinkle home is newer in its construction and equipment, than that of the Taylors'. The furniture is exceptionally well kept, the floors are attractive, and the whole house is very desirable; but there is only one bedroom. Mr. Hinkle has indicated hew ill build another bedroom if the child can be placed with him. 0th r expenses no12._.withstanding, we wonder why the Hinkles have not already made this provision if they felt so strongly that they should have Barbara Ann to live with them. School: Barbara Ann has been absent 25 of a possible 157 days in the school year. Fourteen of these ays were in March, during which time she was reported to have been suffering from an attack of yellow jaundice and chorea(?). 'Ihe school reports that Barbara Ann gets along well with the children, somewhat nervous, and retarded in her classes. Medical: is We do not believe that Barbara Ann has received any consistent medical attention during the past three months. This would include formal consultation with a physician as well as prescribed treatment and drugs administered in either the physician's office or in the home. Some years ago, while living in the home of Mrs. Frank T. Hinkle, Sr., Barbara Ann received regular medical attention, and her progress was satisfactory. More recently, however, the progress has not been as satisfactory as could be anticipated. This could have resulted from the failure of parent and doctor to reach a harmonirus agreement as to method of treating the child. There have been visits made to a doctor's office, but no satisfactory diagnosis or treatment has been possible because the doctor was unable to give a satisfactory examination to the child. Failure of medical treatment to be provided should not be construed to mean that this is the only reason Barbara Ann's health has not attained a satisfactory level. �'1 t .,' J." I" ..:. ': ..,J,.. r ... , ~ r '") ... j 1:) -. - ' r ( (1> ) .. - ,., I r "I , .s" ,.., •\ ,.c.;6 :; t ,.., '\ :; ll ..,. t ' J I • cl ) ' )V': !) L �- 3 - Visitation:During recent years, Mrs. Taylor who had custody of_the ch~ld, all~ed Barbara Ann to stay with Mrs. Hinkle, Sr. during which period of time the child went to school was clothed, fed, housed and furnished with medical attention when neces~ary and sent to school by Mrs. Hinkle. Since this is an only grandchild, Mrs.Hinkle has become 11possessive 11 in her feelings and actions for the child. Still later when Barbara nn returned to her mother's home, Mrs. Hinkle, Sr. took an unusual amount of notice of the child even visiting her at the school upon at least one occasion, but Mrs. Taylor made no serious objection to this activity until after a non-support proceeding was initiated. After the order was entered, Mrs. Taylor wrote to Mrs. Hinkle,sr. requesting her to cease all efforts to talk with Barbara Ann because it disturbed her unnecessarily. Mrs. Taylor has not refused to allow Barbara Ann's father or his present wife to visit the child and has even allowed her to visit Mr. Hinkle. She has indicated she objects to having the child visit them because of her increased nervousness on return to her own home and because she objects to Mrs. Hinkle, Br. taking advantage of Barbara• s visiting her father. We have suggested that Mrs. Taylor might consider Barbara's living with her during the school session and living with her father during the s umrner months and visiting him during certain holidays, but she was reluctant to agree to such an arrangement. Mr. Hinkle,provided he received full custody of the child, would be willing to have Barbara "llisit her mother at reasonable times, including some of the ~bove-mentioned holidays. e believe he, too, would be reluctant to consider a plan such as we have mentioned above. te believe that the issue of visitation is a most serious one which will result in continued nervousness of this child unless some definite arrangement can be made for her to live with either or both parents and visit the other under reasonable conditions. The Families: References and personal observation indicate that the Frank T. Hinkle, Jr. family is well liked in its community,. They have a good credit rating, are known to be neighborly and to get along well Viith each other. Mrs. Hinkle is an active member of the local Episcopal Mission,but Mr. Hinkle does not attend religious services. Both Mr. and Mrs. Hinkle appear to be quite nervous and both have expressed a strong desire tohave Barbara Ann live with them. Mrs. Hinkle is unable to have a baby of her own and has indicated she plans to consult a specialist who may help her. If whatever emotional or physical block to conception could be removed and rs. Hinkle should bear a child, it is possible that Barbara Ann's happiness could be jeopardized. This is speculative, of course, but our experience in such matters warrants the question. There are unconfirmed rumors that the Taylors do not have a harmonious marriage and the Hinkles have suggested that they discriminate against Barbara Ann in ' favor of their own child, Marsha. re cannot confirm or deny this possibility. 1,e have observed both children and their relations to their parents in a limited degree which would Je ad us to feel that Barbara loves her mother and is able to get along reasonably well with her step-father and •half!-sister. �• .J 0 !. I.. ,, �- 4we believe that Mrs. Taylor is emotionally immature but that she does love her child and is willing to give her as much affection and discipliB as she is capable of furnishing. We are not convinced that Mrs. Taylor's purported failures to furnish all of the medical, clothing and other care and considerations demanded by the Hinkles would be sufficient justification to consider that she is an improper parent. we fail to understand why Mrs. Taylor cm.tinues to work away from her home when she indicated at,the previous trial that she wanted to earn money enough to meet legal fees,and that if she could receive sufficient money for care of Barbara Ann, she would be able to stay at home and take care of the housekeeping herse:tC While the Taylor family suffers from some immaturity, they appear to be living in reasonable harmony nor have there been any positive complaints from neighbors or references that this family is providing improper care for either child. Summary a The Taylor family does not provide as satisfactory housekeeping standard as possible. They appear to be emotionally immature, do not furnish the child with as much medical attention as may be desired, nor do they send her to religious services. They have a good relationship among themselves and with their - child_ and Barbara Ann p, ·-~v'-'~"~· 1 • . This family seems to provide enough affecticn au. ,naterial care and supervision, which under more normal circumstances would be construed to be sufficient for the needs of a child al though they could be imoroved. The Taylors seem to feel great hosti1i ty for the Hinkles,and we feel that this is having a disasterous effect upon the emotional future of Barbara Ann. There appears to be no possibility of the Taylors agreeing to a compromise which would work suitably. 'Ihe Hinkles have a modern, up-to-date house that is beautifully kept, but have insufficient room to take care of a child. 'lhey undoubtedly would furnish adequate medical care, send the child to school and to religious services and give her sufficient affection and material care and supervision. 1he activities of the possessive grandmother would probably be an unhealthy condition which would not be controlled. The possibility of a future child being born to this family is almost too speculative to be considered at this point. Under normal conditions,provided suitable room could be provided, this family also could give reasonable care to Barbara Ann. The Hinkles would be more agreeable dicated. we believe to a compromise than the Taylors have in- We do not feel that the better material advantages which the Hinkles can now offer a child would. justify removing Barbara Ann from her present home. We feel that it would be wise for the court to discuss these matters with Barbara Ann in private and come to a suitable decision. on the basis of her own feelings as well as other information gained in court. We have received a distinct impression that both families are influenced by a strong hostility for the other which is occasioned by a resentment for past wrongs, real or imagined. We believe that whether the above-mentioned points are the real issues or not that unless and until these two families can reach an amicable agreement to allow Barbara Ann to live with one or the other or �I I J j ) l..1., (J - ~ '~ t • ! , r. [ _, 'I (),., ! • I .- . ' • C l o... . ,. ~., • r '\,,II•'----- l • ..JI - f. l . -. ..,'\ ; .., "t ~·1 J 'I .JJ ., , ,.. ·1~ ,J ' ' l I ..,.,' .. J t , . ..., --L .- ~ , ( ~ ·r , ..;'---..;,_ " .; 'l l . ,., ·r l 'J. l . ,.,_ ', ; , r ~ J. 1 r.J r ~ " 1. t< ~ '.t J , ) <,. oJ.) t • ·1 . ... > )',. '.i. . 'l ,f• ·~ ~ j ) ,l 'I 'l ,_,,.,lJ '1 . .J.1 .... , )• ...t,...:' ".::'l , .. ,. ... ' ·' ✓ ., J, ~ I. • :.i. ~ ;, • J ';.. I . ~ �both with reasonable freedom to visit and be visited by members of the other family, this little girl's future will be unhappy. Recommendation: We believe that unless both families can ~ee to a harmonious plan fer Barbara Ann to live with both at reasonable times that it would be in her own best interests that the court take custody from both parents and order her to be placed in' a Bearding schcbl, ordering both parents to contribute to her support and authorizing them to have equal rights in visitations and other privileges. ~~~ ~ JLH/me CAC/Supt. c... a_. c:.... 1 ~~:t Social orker Rockingham County DP~ �J J. ... , \. • �VIRGINIA: IN THE CIRCUIT COMMONWEALTH COURT OF ROCKINGHAM COUNTY ) ) ) OF VIRGINIA ) ) v. Misdemeanor ) ) ) F. T. HINKLE, (Appeal) -Docket No. 2963 ) JR. ) ) 0 R D E R This matter counsel for the respective dissolving entered the order came on to be heard parties of the Trial on the 6th day of January, requested Justice this 13th day of May, 1955, and that an order Court of Rockingham 1955, without prejudice ~~--4--tY~ WHARTON,ALDHIZER & WEAVER ATTORNEYS AT LAW HARRISONBURG,VA. IA I ENTER: /J ------.p_J:UL ___________ he entered ., Judge. County~ to either party) ��L JU TICE C THET E: Cu tody t _ _ f B rb r n 1no child of F. . Hin T IlC!_r__________ , r. _ DE I rln pp t t Court t 19 3, pur u on r. , f ther of B r id c uilty of rg a bich e; ( 10. 00) er r d rm of follow· th (1) Th her moth r,. n A. Court that id inf nt chUd, usan n n filed by F. T. t custody be tran - t r ment 01 • u tody of nn (Hin rb r nn Hin e) T ylor. end ve y ther h ll comm nd (3} It tha ) T ylor th o ·t oft id rb r . T. H' um o T n A Hinlde. end with h "'aturd y at nine o'clock five o'clock p. o aid p ti ion, th pinion: 11 u .,;;,US u port and m intcn nee nd it further m y th o s tt r: the condition p tition r th r • s found ek, commencin r, id c ild, for th Upon he r ng vid nc or t 9t , Hin de, Jr. , e, Jr. for th (Hin l ) T ylor, moth r of Court . T. t g inst F. T. Hin!:..l • us oll immedi t ly nd on inuin f id ay of Nov mb r. onth th t rch rr and AM Hin 12 ort r Convict Ro d Fo c , s id B rb r t on th . 11continu ollar ( 0. 00) r t e pay to f r ��..J.Jo..S I GI IA: - ~ l. L J S1 IC , C VL.cnn ~, ._,REL l ..... l."'E IIi'KLE L,I A' L , vs. • J. I I ·a:, , JR . • Upon motion su0port of the ordered that of ~u petition the defendant £inkle file 1aylor ana uoon evidence in t1.is cause. do pay unto wet- 1,_, for Sue the It is Iinkle su:pport e, of 1ovemcer, of this s.id 1953, cour-t. .. CHAS. A. HAMMER ATTORNEY AT LAW HARRISONBURG, VA. oaymen s to be nade and we kly ther after adjudfed Taylor in and the su.11 and. "llaintenance , infant t1.P. :marria 1eard wee'cly from until the child the oorn 12th further of day order ��IN THE JUVEJ'TILF. AlTD DOMFSTIC RELATIONS COURT OF ROCKHTGHAM COTTNTY,VIRGINIA . ...• ...... * COMMONWEALTH * * v. F. T. HINKLE, .TR. P~A~CIP • * * . . . • . . . . . .** TO: MR. J. c. Kindly issne the defendant matter, 81•T,-\PTZ CL:r'RK ' witness to anpear Thursday, s111:J.mons for the following on the date set for November 12, 1953, at 3:01 witness-for the trial 0 1 clock in the above P.M. Dr. G. G. Tanner Grottoes, Virginia Town Sergeant Percy W. 1onderly Grottoes, Virginia Thank you. <:M--r-Ltr, Chrirles CHARLES E. EARMAN. JR. ATTORNEY AT LAW 1ST NATIONAL BANK BLDG. HARRISONBURG, VA. ,. ~rirman, Jr., p.a. ��IN THE TRIAL JUSTICE RE: Custody COURT OF ROCKINGHAM January 6th, 1955. COUNTY, VIRGINIA: of Barbara Ann Hinkle, the minor child of F. T. Hinkle, and Susan Ann (Hinkle) Taylor Jr. ---------------------------------- ORDER It appearing 1953, pursuant Jr., father guilty to the Court to a hearing of Barbara of said charge Convict Road on a non-support Ann Hinkle, (Hinkle) Force, said Barbara March 29th, Hinkle, Jr., ferred mother same from Susan Ann (Hinkle) evidence is of the following F. T. Hinkle, child, Taylor, mother of said child, to him. the Jr.,- may spend every commence a. m., and shall end on Sunday at five o'clock (3) It is ordered Taylor that F. T. Hinkle, ,,,--:;; ~ lJ\, Justice other remain with week end with her as of the date of this on Saturday at nine o'clock p. m. Jr. the sum of Ten Dollars of the said Barbara should Taylor. and that such week ends shall Trial on said petition, Ann Hinkle order; e was filed by F. T. be trans- and arguments of that on that custody so desire, the support to the Court a petition should-he Susan Ann (Hinkle) and maintenance praying of Barbara Susan Ann (Hinkle) (2) That the child father, to Susan Ann opinion: (1) That the custody her mother, proceedings on the State on the condition of one year, appearing was found commencing for the support and it further of said infant Upon hearing Court for the period 1954, in these father by the Court F. T. Hinkle, Jr. sentence ($10. 00) per week, of said child, Ann Hinkle; against the said F. T. Hinkle, which was suspended and continuing Taylor, warrant and was given a six months that he pay the sum of Ten Dollars immediately that on the 12th day of November, {~ shall continue to pay to ($10. 00) per week for Ann Hinkle. t-L-, r, ~ kJ}J--tc:; !Jd~ 1,a) �In the Trial Justice On notion Court of RockinGhan C.:ounty, Vircinia of the defendant an appeal is 6 ranted to the Circuit Court of Rockingham County, Virginia. G~ven under r:iy hand Jami'.l: ------------------- 1~55.,' /~:'rial Justice. [I ., ( L" < • i ' . .1. �JDR 3303C DPW3975 Supplementary Report Rockingham County Department o~ ~ublic Welfare Re: Susan Hinkle Taylor, Non-Support November 12, 1953 Mr. Hinkle states that he and his parents.together have cared for Barbara Ann for at least one-half of the time since the separation of Mr. Hinkle from his wife in 1946. He persists in his desire not to furnish any money for the child's care. We suggest, therefore, that he could pay the money to a third party, such as a lawyer or a mutual acquaintance OR he could arrange to establish credit with certain stores, physicians, etc. We feel that this child's welfare would be best served by removing her from the home of any relative and placing her in a foster home under conditions which would be more beneficial to the child which would guarantee reasonable visits by both parents under the usual conditions imposed by the court. The Welfare Department does not feel that this case is of a nature to justify further service in the matter of support but that the welfare of the child seems to have been ignored unnecessarily. ~~~ tf' JLH/me CAC/Supt. c... 0.. c_ ... ~~~ L. Holladay, Court Social Worker Rockingham County DPW �.., J \.- .._,'-'. - .. -'" ! cn ..·1 ..., ')0 Cj v 0 J 0.J. .d "' '-' _.,; !J•.u. JL! ..... J- ~ ·o Hl- L_; r , - .' ., . . .. '-' ~ 9:.:£0 , ·- \ .. ... 1T !L '0(, 1. .... l J . •. , r tol, .3 I J .. ;--1Jt ~ 1 ... I') v· .. ! ,.. 'l r j �IN THE TRIAL JUSTICE COURT OF OCKINGHA vi COUNTY, VIRGINIA: .. Tanuary 6th, 1955. RE: C stody of Barbara Ann Hinkle, the minor child of F. T. Hinkle, _________ !nd ~u~a_E-An_!liH!!t _ ej Tazl~ __________ 0 Jr. _ DE It app aring to the Court that on the 12th ay of Nov mber, 1953, pursu nt o a hearin Jr. , father of Barbara on a non-support warrant against F. T. Hinkle, Ann Hinkl , the said F. T. Hinkle, guilty of said charge and was given a six months sentence Convict Ro d Force, which was suspended Jr. was found on the State by the Court on the condition t t he pay th sum of Ten Dollars ( 10. 00) per week, commencing .1.y an 1ng for the pe iod f ~::-7--------------------o--=one yea to Sus (Hinkl ) Taylor, mother of said child, for t 1 support an maintenance •u.u.",;;u.1.a.1. said Barbara Ann Hin e; and it further appearing March 2vth, 19 4, in these .., me proceedings Hinkle, ferred Jr., father of said infant child, from Susan Ann (Hin Upon hearing e) Taylor, evidence o to the Court that on a petition was filed by F. T. pr ying that custody be transmother of said child, nd ar r:nents on to him. id petition, the Court is of the following opinion: (1) That the her mother, ustody of Barbara Ann Hinkle should remain with usan Ann {Hinkle) Taylor. (2) That the child may spend every other weel end with her father, F. T. H n e, Jr. , should h so d ire, a order; and th t such week a. m., and shall end on Sund y at five o'clock p. m. (3) ·u is ordered nds sh"ll commence th t F. T. Hinkle, Trial Justice nn Hin de. of this on Saturday at nine o'clock Jr. Susan Ann (Hinkle) Taylor the sum of Ten Dollars the support of the said Barbara of the dat shall continu to pay to ( 10. 00) per week for �D T ::ffH :t 0 1 'l (I ( ) ( �IN THE TRIAL JUSTICE IN RE: COURT OF ROCKINGHAM COUNTY, VIRGINIA: Custody of Barbara Ann Hinkle, minor child of Frank Susan Ann Taylor (formerly Susan Ann Hinkle) T. Hinkle and .=71F..J'3~ To the Honorable Porter R. Graves, Judge of said Court: Your petitioner, That on the was entered awarding in the Trial the custody Frank / J. '/ Justice of Barbara I, T. Hinkle, ~ day of Court respectfully of Rockingham Ann Hinkle, (formerly Susan Ann Hinkle); respectfully this Court to review custody of said infant child, the_ best interests as petitioner County, order is of the opinion be awarded to your petitioner submitted, FRANK T 1; HINKLE By Counsel W·. W. WHARTON 0 406 First National Bank Building Harrisonburg, Virginia ~ WHARTON.ALDHIZER & WEAVER ATTORNEYS ATLAW HARRISONBURG,VA. as to the that it will be to is r-eady to verify. Respectfully Virginia, and that your petitioner the aforesaid of said child that the custody all of which your petitioner , 1953, an order infant child of your petitioner and S\.lsan Ann Taylor requests represents: �< ' -, • �,-r ,·o l:::,e t A e F a,- C" FoT C?.~e. ~~ Sf:a.-C:e. t.h -t:e. ..,/ ALLVVav.s I At--e A /- I a Isa a F c.l.-,-e Sra_ M c,aoJ OF J ~~11y To c.a.re. 'h C J..ild~en -the;r An~ a..kolle.. c~uple. c J...a v-a-c 11-i. ~ .Ken"nC...~h And / l'h S <-'-Sa_ n. A a~oe~s171.Je.n Jo k ea. v1 ~,--i:,-~ l.. 7'x, NJ.. N\ c..d ....,- A-/Vd (H~SbAncl) J~/o--r, I a..C-t-~ oF '"- c.. e. -ra._y/o~ (w,~~) l.~o.~ ~ able 0 ,- .. -i: ~ J /(' NO -/:..-<..~-tc.d ., t,c/ I< J r-J. 7 e_,T4A--te Sa. ... ~ ��,; ( LP\\ • 1/1/6 #~ !?£: ;f-;y y..vt ; (-t¼ b( CL ».. a; ✓r&4 k~ ~)I 1 I :;) -e. ,.. :.__A_/' J;/.£7 ~ t' L-c__,/ , MF ; 7..4...c )/.-0-;.. h ~ ti: )( ~l ~@.s;_. V ��.,. �I' ��' ,, .. �' V �'- \ ( \ r·s_). �I )' ...,, .- ,-y k\.. ' -~tH=~"lfll,BtlSS ~ "~. ~-: I 4) VJ • ! JV YOUTHINK YOU RUN THE eFFIGf SWELL,• () .-. BUT THATS A JOKE TOO FUNNY ! . . ~ O THE ONLY THINGS THAT YOU RUN WflO• • AREYOUR CHEAP-fl~t NSHONEY I • .. .., ...... ��µ.. I JI WORK YOUSHOW A LOTOFl,1JJ..•' YOUACTLIKE YOU'RE ONFI l BUTWHEN vouGETHQMEYouCOLLAPSE Ml t~ ftA1 1 JUSTUKE L :: MADE IN U.S. A. ft f ��fl C- K c. . - V) y JJ}- A I QflteeWife .J I 1 THE-OFFICE GUYS CALL YOUA 8 ANO,JillJ,THAT SUITS YOUFINE---- C 1:7 0 BUTif YOU TOOK YOUR MAKE UPOff THEY'D CALL YOUfRANKENSTEIN MADE IN U.S. A. ---------J -L - V ��Comp Form <'·50-2M flooks-11-50 468PO RECEIPT FOR ~ County of FEES COLLECTED ------zn Virginia lh 19~ , $'.so Received of Cf DOLLARS For 19__ On Date of Service In matter of ~l 1 t::: .J ., I) (/ ORIGINAL-TO vs PAYEE 'r~ }d I �__,... ' ' �Witness Sr.hpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff o.f said County, Greeting: You are hereby commanded, in the name of the Commonwealth ~ Ona Michael Route.'2 Elkton, Vall.___ ____________________ Pa:uli ne C1ark Grottoes, Virginia Percy Wonderly Grottoes, Virginia to appear before the Trial Justice Court of said County, sitting Thursday. l Jth day of May: to give evidence in behalf of in the pending v. of Virginia to summon _________ at Harrisonburg, , 19-54.-, at the hour of Virginia, _ _ m said .3:DO Po'Mo County, on of that day 0 the defendant_ ... F~o.__..T~-~-H'"'-l~D~k_1~e..,,_._.T~r~o------------------ case of ------'C~o=m=---•~t=hc..___ ________________________________ _ F. T. Hinkle, Jro ' Clerk Subs. Clerk 7-52-SM-Garrison �------·-------·----------Trial Justice Court . . . ( V. ( Witness Subpoena ( 1954 at 3 PM. . ���~i ;L"'L / f?.f-:;.J • 7~4:-fff:,'- ~ Cit.~ 1-t~ w~(-11 -~l _;~L , ~ _ ,,,_ __ (J~:~ " ~ �-----------------------------1 - ------------------- ------- --------------- --------•·------------------------------------------- ----- -- - --- --- - ------- -- --------=-====-__:---- -------- - ------- -- ----- -- �Docket No. j'3C>j~ Memo for Clerk of T. Harrisonburg, Va., May 7, 195h of Virginia in the case of J. Court: Kindly summons the following as witnesses for the Commonwealth Com'th V. ______________________________ Justice Cour.t on the Trial Date;rhursday, Name of Witness Address of Witness Ona Michael Route 1 Elkton, Virginia Pauline Grottoes, Virginia Clark Percy Wonderly to appear in Trial May 13, at 3: l) P,Mo19sb: or Witness works for Grottoes, Virginia \ or Where Witness can be Seen ��Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby comm.anded, in the name of the Commonwealth of Virginia to summon _________ _ ~~tj·t~;/~7~ to appear before the Trial ---~/~')_~· _<lay Justi~rt to give evidence in behalf of v. if: 'L &,£ of 9'Je ~ ~ J, of said County, sitt\ng r , Jet., f I 19~, at Harr~sonburg, ".:..__"'J::.t.l~'?~r'+-, Virginia, _ht. _ _,_,.. _______ rn said County, on of that day _T,--'-------',,__Jl ...,..f~-~-~~~--L--~------------ ' IQ , < Given under my hand this ~ Subs. Clerk 7-52-SM-Garrison - �,~~ ~ 0 \..E-}f- ~ ~ -;:-4 [, tl I'~ p, ::, (1) 0 "0 0- ~ Cf) Ul Ul (1) ::, ~ ..... :< ,...._,...._,...._ p t z ;:i. ~ ' p (1) Ul ..... ;;· ~ (") 0 g e. '--1 1-:J ::i. F-[ f ROCKINGHAM COUNTY, \ &XECUTED//--//-if3IN THE COUNTY OP ROCKINGHAM BY DELIVERl'l\lG A tRUE COP �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth Susan A. Hinl(le Taylor, Grottoes, 7th ' day of May _ Virginia. ------------------------ to appear before the Trial Justice Court of said County, sitting Friday of Virginia to summon, _________ at Harrisonburg, , 19--21±._,at the hour of 3: 00 Virginia, in said °M County, on of that day 0 ·, to give ~yidence in behalf of._ _,C~o"-'m=-' t=h'---------- in the pending V. case of __,C"--o""m=• t_,_t-"-'-'h _________________________________ F. T. Hinkle, Jr, Given under my hand this,__ 7-52-5 M-Garrison _ _,,_5-"t"-'h'-___ day ofL__ l=---------= _.,.A:e.iP:::_:r,o.;1:=:· & /c;, - Clerk -:smr-.(;lerak-, �Trial Justice Court ----~ocket No. 3JOJ C Com'th :r:: E-t H ( V. ( Witness I (. Subpoena ( g§ E-l F. T. Hinkle, Jr. To - Friday S= l~ay 7, 19~3 at 3 Pl:.:. µ:, 0 t 0 0 oz E-< H �F /, /-//~~, k/e ~,' -- J(f - ��No ....JJ.03...G............... G.):;hl~~•r~~~·Form No. DNS.2-Non.Support Summons The Commonwealth of Virginia, 'To any one of the PoliceOfficers of the.......~'.":?.~~.~~~!.:~!'.'. ..9.~:1:~~.!.:. ...!.~.~·····················••··•····························: I COMMAND You, In the name of the Commonwealth of Virginia, that you summon ............................................... . ......f..~..J.~ ...H~.~J~.~ ..}.t! ..................................... , who lives at ....Gr.Qt.t.9.~:'?., ...Y.1:r.i;.t.DJ§. .............................. Street, to appear 1.9.~~n;,,. before our Juvenile and Domestic Relations Court, located at ...H~.tt.:l-:~9.1 ...YJtt..t.~~.~........................................... . on the ........?1.~~···········day of...........~?T.~~·························• ?.~., at....J.;.QQ..........o' clock .....J:.~.M.:to answer 19 ... a petition by ....§.~~.~!:'.}~.~.~J~~.~ ..1~.Y.~?!.' ....................................................... , alleging desertion and non•support of his wife, child or children; and this you shall in no wise omit, and have then there this writ, with your return thereon. WITNESS, ..... P.R.r.t.~r...B.! .. _c;tr::·§:y~~ ............................................. , Judge of the Juvenile and Domestic Relations Court ?..4.~. of the said County/City, this ......?.9.t.h.....................day of.......JA~~g.n.................................. , 19 .. ,,.,,.-f / ~ ............... ------------------······· ....- --· ............................................................................ . Judge, Juvenile and Domestic Relations Court. - �Court SUMMONS TO ANSWER CHARGE OF DESERTIONNON.SUPPORT Relations 3303 C Juvenile and Domestic ! COMMONWEALTH vs. F. T. Hinkle, Jr. 19......... ............Gr.at.to.es., ...11.~ginia. ................ Issued ClerJt. Executed by delivering a copy of the c. ..., 13!-</, within summons to the within•named ;z!.L, ..$~.~············· this ..,:?6.......doy of~~ $.J~_..71._ ~-·~-...Z>...._. ··········sueR:F"F·····················P. P~""-A. L.S'fR;\\iDBiMAN Retu~l!ffiijA!MisCOUNT~ ................. . day of............._. ............................... , 19 .......... Cler~. �G. H. Parent - Lego! Forms Ashlond, Virsinio Form No. DNS.2-Non•Support Commonwealth No . ...J.3.03...G............ Summons of Virginia, Rockingham County and the To any one of the Police Officers of the...Ci:ty ...o.f ..Har.risonburg., ...Va6··································••··•············; I COMMANDYou, in the name of the Commonwealth of Virginia, that you summon ............................................... ........... F.-. ... T...Hinkl•,-...J.r.A .................................... , who lives at... ...Q1:'9tt.oei;,_..V.;i..r.g.i.!.1:t.~ .........................Street, to appear before our Juvenile and Domestic Relations Court, located at...l:i~r.r.i.~.9.!lQ\1:fg,Yirg:i,¢.~ ..... ................................... . on the .......l..ith ................ day of..........Ji<>Y.~~1:?.~r ........... , 19..5.J. ..., at .......J;.QQ.........o'clock .....~~ ..M., to answer a petition by....S.µ.~~.n ..A.~ ...H.t.P.:1.4...~ ..'r~Yl<?.r. .................................................. , alleging desertion and non•support of his wife, child or children; and this you shall in no wise omit, and have lhen there this writ, with your return thereon. ~~.., Judge WITNESS,..l~Jgh~.r.9: ..A~....J.~g~~9.P.-. .................... of the Juvenile and Domestic Relations Court of the said County /City, this .........6th ................. day of........Nov.embe.r ....................... , 19 ..53.•. Judge of he Juvenile and Domestic Relations Court. �,-: Relations Court JJOJC --;;~ Juvenile and Domestic NON.SUPPORT CHARGE OF DESERTION- SUMMONS TO ANSWER COMMON.WEALTH vs. ....F •...T•.. Hiritle, ..Jr •............................ Grottoes, Virginia. by delivering a copy of the Cler~. Issued ................................................ 19 ......... Executed within summons to the within•named this ..............day of......................... , 19 ...... C. ......................................................... P.C. c~, i'.'l'?? er Cler~. 19 ......... Return received this ................................... . day of... n"EGU'.NID'j'._0...-,•~--; : ,, Q. ~~:,L.;.:_~~~~==---- 5/{ �-, I ~ '/, /ltu,!.,.L IP.f: I r -¥ I Rr!o f, ~;..,t{- ,l'u, 23 4 aitV\., & ~l~ 33o3 c ~ 'I-- /U-~1"1- a:4 I 2. ~ lP, N., w Cg ~£<-(-- ~-to- ,r2_c-- .~ -7- y. 5 -1 a/A-..,.. 1 ' #~ #-I )/If Jr, Xr-:~t;;:;c_ i ~&,~&-~ - �. ....... .......... ....... -.....,,...................... ""·----...-.......... ........._..,,,. - __ ______ ._._. ____ _.......,.. �No ....jJOJ ..c ............... The Commonwealth of Virginia, I COMMAND You, In the name of the Commonwealth of Virginia, that you summon ............................................... . 1 .......l!:...... 'L ...!Ji .... J_ ~ ...J .•................................... , who lives at... ..9.rn.t:f:..C?.!'?.?..1 ..YJr..b;:\.n::i-.?:.~ .......................... Street, to appear before our Juvenile and Domestic Relations Court, located at ..H9-r.ri~.o.nl:n:r-G-, ..J!.irg.i!Jj_a ............................................ . on the ...... th. .................day of.............. •..[),y.......................... , 19.~L...., at... ..J:..00 .........o' clock ....P......M., to answer a petition by ......~~!.?.~!.1 ...t~.:.....~.ink1.~...'.r.9:;Y.1.9.~ .........,......................................... , alleging desertion and non•support of his wife, child or children; and this you shall in no wise omit, and have then there this writ, with your return thereon. WITNESS,}~R.r.'t.~r...~.! ... !1!'.1:1:Y.~~ ................................................. , Judge of the Juvenile and Domestic Relations Court of the said County /City, this ......?S.:t.t....................day of............:.:~.r.~h............................. , 19.... hb.•. ~ . .......................................................................................................................... Judge, Juvenile and Domestic Relations Court. �, / ROCKINGHAM, COUNTY SHERIFF ~~~ - u:7AwoE - IN PERSON. TO .. z 7 ....~~ .,~ THE C8UNTY!aft ROCKINGHAM BY DELIVERING A TRUE COPY OF' THE, WITHIN...-?SM~ r:w> . ~- J¥ IN Relations . I Court / .d' of~---, 19,£/. ...................................................... P. C. ...................................................... P. C. /L,¢.day ROCKINGHAM COUNTY SHERIFF ~~~r~ Cler~. day of............................................. , 19 .......... Return received this ........... this ..../ ....,/.........a~~······················ ~~ ~ / within summons to the within•named Executed by delivering a copy of the Clerf{. Grottoes, Virginia. Issued ................................................ 19......... .............................................................. Jr. SUMMONS TO ANSWER CHARGE OF DESERTIONNON.SUPPORT Ji'. T. Tiinkle, vs. COMMON.WEALTH Juvenile and Domestic 3303 C �G. H. Porent - Legal Forms Ashldnd Vir91n1d 1 Form No. DNS.2-Non•Support Commonwealth No . ...3.3.03. ..C........... . Summons of Virginia, . . Rockin 6ham County and the City of Harrisonburg, To any one of the Police Officers of the ..................................................................................................................... : I COMMANDYou, in the name of the Commonwealth .....x.~....'r.! ... R~~.J:~J. of Virginia, that you summon ............................................... . ...l~.! ......................................., who lives at. ..O..:r.9.t,t.9.~.~.l ..V-1:r.i;t.~t.<?: ........................... Street, to appear before our Juvenile and Domesiic Relations Court, located aL.J:{c1:rrJs.9.DP.P.r.r,. V.;:i.:rg:i,m<i.~ .......................................... on the ............6th ............. day oL ...No:v.emb.er ............... , 19:.SJ.., aL ..J.:.0O ...........o' clock .....P.....M., to answer a petition by .......?.1:1:~!3:P. ...A! . .J:ttt:*-1-JL'.L'.~y:J.,Q.:f ................................................. , alleging desertion and non•support of his wife, child or children; and this you shall in no \\ise omit, and have then there this writ, with your return thereon. WITNESS, .......P..o.rter...R....Gra.:v.e.8 ................ .-...................... ..., Judge of the Juvenile and Domestic Relations Court of the said County /City, this ........26th .............. day oL .......October ....................... , l 9 ....$J.. " (~-)- /~ ····•··························~······································································ Judge of the Juvenile and Domestic Relations Court. Va �l Court NON.SUPPORT CHARGE OF DESERTION- SUMMONS TO ANSWER O'N.W E AL'T H Relations by delivering a copy of the day aL0.£ . . , 19,_£3 day Return received Cler~. 19 ......... f £W21;;;;4~~ n/'J~.~~™ d''~J .E:.J;..... 1.1.~.~ ...... . within summons to the within-named Executed Cler~. Issued ................................................19 ......... ....F •.. T •...Hinkle.1...Jr~ ............................ . Grottoes,· Virginia. vs. COMM Juvenile and Domestic 3303 C �G.Ashland, H. ParentVa. Co. Form No. DNS-2-Non-Support 3303 C No................................. . Summons The Commonwealth of Virginia, 1... g.?.~:.~":~.l To any one of the PoliceOfficers oJ the...B-~.~~t!.1.G0.~~'. .................................................................... : • I COMMAND You, In the name of the Commonwealth of Virginia, that you summon ............................................... . ...F....... ~ .....H.inkle~··· T.r......................................... , who lives at... ...0:r9.tt.R.~.§.,...YJ;r..;;i.ni.~.!......................... Street, to appear before our Juvenile and Domestic Relations Court, located at .H.?:r.r.1-.~~.D1?:tAf£, ....Y..:!:~.Gt.aj..?:!' ............................................ . on the .........71h ..............day of............J4~Y........................... , 19...?.~., at... ...}.;g9........ o'clock ....~~....M., to answer a petition by .........~.~.9.?:D. ..A! ... .Ht.~J~ ...1'.~~J~.:r. ............................................... , alleging desertion and non•support of his wife, child or children; and this you shall in no wise omit, and have then there this writ, with your return thereon. WITNESS, ..... P.orl.er ...R.•...Gr~nms ............................................. , Judge of the Juvenile and Domestic Relations Court of the said County /City, this ..........5.th.................. day oL. ...........Anr.il............................ , 19..Slh. Judge, Juvenile and Domestic Relations Court. �) ) 1 Relations 3303 C Juvenile and Domestic Jr, Court SUMMONS TO ANSWER CHARGE OF DESERTIONNON .SUPPORT COMMON.WEALTH vs. l F. T. Hinkle, 19 ......... ·······urot t:oes;··-v:trg!Trta~···················· Issued Clerl-{_. Executed by delivering a copy of the within summons to the within•named ...~ ..;t. ...... i.7!~~··········· P. C C . . ..., 19.9f ...................................................... P. this/A((L. ..day o~-d_ ...................................................... Return received this ............ . ff. ;J;J~ Cler\. J)~ t~ day of............._................................ , 19 .......... 7~7 A.L.S'fflAWDERMAN SHERIFF ROCKINGHAMCOUNTY �G. H. Parent Co. Ashland, Virginia. Form No. DNS•l-Petition No ...... JJ.93-..9............... .. to be Filed in Desertion and Non.Support Cases. COMMONWEALTH OF VIRGINIA: In the Juvenile and Domestic Relations Court of the ...C.a"1.nt,Y-...Qf THE COMMONWEALTH OF VIRGINIA, at the rel, of ......Susan ..A . . H inkl ~ ...':' a.:_r 1 o,~--------·-Gr..o.t.t.o.e.s...,_.J ... Ro.ckin .. • +.in-i~a~----- Name Complainant Address vs . ......F •....'r •...Hink le .1-•••• J r •~-----·-----··.Gr.o ... t.o.c .,. --~i~r-;-f:-i ..... n_.....i ..,,a~------ Name Defendant Address To the.Jlg_n_Q.r--1!.b..l.e ....l:9.r.t..~.r .._ ....__G.... r ... a.... v..... e...s...___~-----ludge of said Court: Your petitioner •····;·S·u.s.an ..A .......T_ay.lo.r .....- ............ ····---········-····················• respectfully represents: 1. That on the .. Q.tlL ......day oL1'l!.a-;,,.,........................, 19. , the said defendant. .....R...... . inkle.,...- .•J.r..r··············-··················-················-···························• ancL.Sus.an. ..A......3.amme.r.............. _....-·········-····CGive Maiden Name) were lawfully married by ......Re.v:.,._ ...B::t>.o.wn. .........................._........................................., in the..C{rnnt~--·--···--··of ...... .3..o c.kin L ............................... , State oL .......V ir ... in i a············-·························-··· 2. That on or about .the.....~.th........... day oLN.QY.!'J.ID.Q.~.r.,_ ..........._........, 19.-4-6, the said defendant did, without just cause, desert and willfully neglect and refuse and fail to provide for the support and maintenance of his said wife, and the followin'g male children under the age of sixteen years, to-wit: .....................................•........................Bor.~----········• 19.._ ...., ···················-··························-···Bor.. n _____ ····-··• 19__ ..............................................................Born.·---··•-········• 19........, ..................................................... Bor____ _ 19._ and the following female children under the age of seventeen years, to-wit: B..~.r.b.a.r.a...Ann ..Jiinkl.e. ..........Born ...D.e ..c..A •••• 1.7.,-..., 19L~ .., ....................................................Born.........·-··-··--····• 19____ ·························-·································~Born.•.•....••••..... ---···• 19_·-···• ···-············•-··-···· Born~-----, 19__ and the following children above said ages who are crippled or otherwise incapacitated for earning a living, to wit: ··························-····················-············Born.•••••••.••••••.••....••.... , 19·-·····• ··················-·······-··-·-···--·--··Born._ .._._._······-·-• 19__ . such wife, child or children being then and there in destitute and necessitous circumstances, 3. That Your Honor has jurisdiction in the premises, Chapter 80, Virginia Code, 1930, by reason of the fact: a. That at the time of desertion such wife, child or children were living in. ..Ro.c.k.ir1K..ha.:m_G_o1...._j .... n .... tyy__ _ (County/City and State) b. That such child or children are now living iu.... .o.c.kine,-ham. ...Count.y .............in destitute or necessitous (County/City and State) condition cind have remained therein in such condition withe the knowledge and acquiescence of said defendant; or c. That the defendant is now, and may be found, ~ving in.B.Q.Ck.in r.:.hg.m...C.QJ.m. fCounty /City and State) 4. That the facts and circumstances of the case are as follows: ···- ........H.g.S....no.t ....ELu.np.nI'-t.e.d ...o.r ....c.ont.r.ib.ue.d~o. ...th.e ...stm.p.0-r-t. ...oL ..s.ai.d...c.hil d s i n c e ... ..J.9J+6•····························································-·-········---···-·-····················. ··············•· ·-·····························-····-··········----····-·-·-·-•···········-- ··-----··----- ----------- ····························•-····-·-·---···· WHEREFORE, your petitioner prays that proper process may issue; that the Court may make all proper and necessary inquiries into the matters herein set forth and enter such judgment or orders in the premises as to the Court may seem meet; and your petitioner will ever pray.etc. -4~ Z ·-·-·--·· 0 .... k~ ....2~~-·-·······Gr-o.t.to.e.s.,. .... Petitioner sign here ...V.i.I:>.gJ.n.i.a------- / Address Div o.r.c.e.cL:1.Ji.fe.....- .........--.-··-··-·•··-···-···············~.e.P.t.~m.b.e.r._25,J-.-L9.~,,,__---~--Reiation to Complainant or Defendant ------------------------------------------------------------------- Date ----------------------------------------------------------·----- COMMONWEALTH OF VIRGINIA, TO-WIT: This day personally appeared before me, ...._.~.\.rn.an...A .•....T.a.ylor- .................. -·-····· ___ , G}m~)to.e 20ourt-<I Notary Public-1U{;}!:~«fxthe.i2eJZG!SH!in and for the._ ...C.GU.nt.y.....and State aforesaid, the above-named petitioner who, upon being duly sworn makes oath that the facts stated in the foregoing petition are true to the best of his knowledge, information and belief. Give under my hand, this ........25.th ................... day oL .....S.e:o..t£..mO.. ·P·,······-······---, 1953... I was commissioned as Lois ,1. lvyers. ~ ~......_ LMv commission e XP ires Nov. 30 19 54···--·····~t-·~···,g,_ ...(.__ ..~~~----, ' !oierkJot:melO"clC!1t-Notary Public~:ustil;ruJktb.J:h«~. I have reviewed the above petition and direct the following: I. □ Petition denied. 2. IXJl( Investigation order retur~t>le the._ ....Q'tD ...............·-········· day oL .......l:.Q~l.~:'.:!'.e · , 19~.:LJ 3. :}[XX That summons~~ issued and served on the defendant and the matter brought to trial on the .......6-tlL ..............day oL ........lI.9Y§IDR.e.r ...(~.t...J ..PM}....... , 19.SJ ...Also , 11 witnesses be summoned to appear on the date of trial. Date .._OctQ.Q~r ...26.th,, ...19.SJ •..............By order ···············-·· ····---········-·• Judge. �Statement of Costs -F£-!r ····----- )• 0-0 --·J=~-··- Juvenile 3303 C and Domestic Relations Court Rockingham County and the vs . ......F •.. T •.. Hinkle, Received and Defendant Complainant AT THE REL OF o ···-······-·· filed ............................................, Petition of .. Susan ..A•..Taylor ..........--········· alleging desertion and non-support. ..Jr ...Susan. A•.. Taylor .............. _ COMMONWEALTH, of the.cit-y··oi··-Harrisonburg,··'lfirei-nia,. ····-;-~·-·-:;:.r·· T!i9il F~e - - - , - - - - - - - $ 2-" ~ ~ Warrant ..................................... . .../-, .tr-t'!:)....... aL ..........each Service and Arrest - • • • • • ........Summons ~ sa~ ,J.L-c;···-·each Boncl................_. Bail BoJa ..............................- ft' ,-,e.. 19 ....... Probation OHicer. , . 19......- Clerk. -------------------------------------------------------- J_S:..' 19..................... (Give Names and Addresses) Total • • • • • • • • $.8.~ .. Non.Support Witnesses: Petition referred to Judge Petition Denied/Granted Investigated. issued ---------------------------------------------------- Docketed for trial .................................................................... Summons/Warrant ....··········......··········..·························-······, 19.·-·-· DISPOSITION: See Juvenile and Domes• tic Relations Court Docket, page .................... , year_·-········-············· Clerk. I OF VIRGINIA: In the Juvenile and Domestic Relations Court COMMONWEALTH The City of Harrisonburg Rockingham County a.. The· defendant, .... F • T .Hinkle .1 Jr .•..............................................................................who was charged on petition with de~4i.;i~~or non.support as set forth on reverse side, upon trial is hereby found ........................ guilty of said misdemeanor: Further, upon consideration of the circumstances of the case, the imposition of sen• tence is suspended and the defendant is placed on probation and under support order. SUPPORT ORDER 1953%:_) ..... ..... , to the ........................................term of Judge. this ....Lok ...... & -tt:, The defendant is hereby ordered and directed to pay to ....$.1J§.l?.n ... JHinl~l.eJT.a;,llOr toward the support and maintenance of his dependents as set forth on reverse side weekly /mon-t+,.+ythe sum of $...J~.~.~9........for a period of one year ending .._.i'.1..~...::UJj • day oL ...~~~.~~~~E. .................., 19..~~··• and is further required to enter into a recognizance, with/without surety in the sum of $......~.QQ.!.Q.9 ........to faithfully comply with the terms of probation and the support order or any subsequent modification of amendment thereof and shall make his personal appearance in Court on the .......... .:U:.~!.'..! ........_day of .!9.~~~·'='·~·-·······•19_.~~....., or whenever in the meantime te may be ordered to do so. Further, upon consideration of the circumstances of the case, the defendant is hereby fined the sum of S.J.!.QQ.........................and costs of $ ................................... and order• ed to pay same to the Court in weekly /monthly installments of $ .............................·-·············· with/without surety. Further, upon consideration of the circumstances of the case, the defendant be and hereby is sentenced to the State Convict 'Road force at hard labor for a period of ·····--· __ 6__ ...months. . Upon further consideration the execution of the sentence to the State Convict Road force is hereby suspended and the defendant is placed on probation and under support order as set forth above. Failure to comply with the terms of probation and support order or any breach of the peace will cause revocation of the ~uspension of imposition/execution of sentence. ....., Given under my hand aL.-L~·-··········-···Virginia, day oL~ !':...L CK.. .. ~ ..... is granted Judge on this the ....................day oL ...............·-·····-• I 9........• an appeal ............~.....:2~ On motion of the defendant the --················-···················•··-·····Court, -·····························-··•··········---·············---·······-······• �Docket No. 7 I4 t, :J- . COMMONWEAL TH of VIRGINIA vs. Misdr. (appeal) F. T. HINKLE, JR. W. W. Wharton, Own 1955 February (x ) 22. ------P• d. Appointed Docketed. CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co., Phila., Pa. �TRIAL JUSTICE C~URT J. D.R. Docket Commonwealth V. F. T. Hinkle, Jr. Defendant. fV J-'f.' ). _ Appearance Date Trial Date JI- . , I I-! f- ~n-1. /~ / ?-- J~a ~ ~.5-.. - I:.:.-S f'. :U-6-5J ~.-~3 Pr~ - 3 />.IYJ. V :111 \ �I / / � 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/. Title A name given to the resource Commonwealth v F. T. Hinkle, Jr Subject The topic of the resource Child Support Custody Dispute Description An account of the resource Defendant charged with failure to pay child support (note: custody dispute; child support) Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1955 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_004 Hinkle https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_003_commonwealth-v-floyd-paul-grogg.pdf 8b1a99c602857d1213f0114b586f3fef PDF Text Text STATE OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand jurors of the State of Virginia, in and for the body of the County of Rockingham and now attending Court of said do present in said one-John County, that County, at its April the Circuit Term, 1948, upon their oaths FLOYDPAUL GROGG, on the 3rd day of April, feloniously, Hugh Branham, and unlawfully against the peace did kill and dignity 1948, and slay of the Commonwealth of Virginia. This indictment Trooper M. s. Witt, Branham, witnesses jury to give is found upon the testimony F. L. Byers, sworn in court evidence. Coroner, and sent of State and Mrs. Dorothy before the grand �) INDICTMENT COMMONWEALTH v. . _ Fti c:µ-ema.n ,:; ~§C FLOYDPAUL GROGG Felony April Term, 1948 A True Bill: • ~~~ Witnesses: 1. M. S. Witt 2. Dr. F. L. Byers Branham 3. Mrs. Dorothy George D. Conrad Commonwealth's Attorney �Commonwealth of Virginia, Rockingham County, To,wit: and acknowledged themselves to be indebted to the Commonwealth of Virginia each in the sum of........- .... ~ .............................. ~.....~ .........................................................D.sUa,rs, ($./.Pl?..H~' to be levied of their respective goods and chattels, lands and tenements, for the use of the Commonwealth of Virginia rendered, and they each severally waived their homestead exemption to their recognizance; yet upon this condition: ~ That if the sa~ a ~..LJ - ~....... .r..~hall - .... pe,sonally appea, befq,e the ~...~...day ,, ~T·. l.J . , C of Rockingham County, at the Courthouse of said County, on the ........ na ust1ce s ourt ~ '9- ~ ~ of ~ ...C.f,.. ..11,,, ..C... Te•ra tbereol, hoiog ""'··--··················•-I/"'>'.,ot::....................... - ............ :_ .., 19........, and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with the said charge, and then and there answer the Commonwealth of Virginia concerning a certain.... l...-4~-~ ....................................................................whereof the said ....~...... ,~~~~-:;- .................... nds charged, and be bound under said recognizance until the charge is finally disposed of or until it is declared void by order of a competent court, then the above recognizance shall be null and void ; otherwise to remain in full force and effect. '7£ ~ ..................day affix my signature this ............... ~ ~-1:.-JH~ •• ••'7-B~~w- of .............-~•·····............ ��-. COMMONWEALTH vs. Felon1 (mans.) FLOYDPAULGROGG '5'/1,I/¥~ t/1/¥r /J,,A, .-&~~ ,r -- fJ...u,.,.: 17 �.,, �6 Arrest Warrant The Commonwealth of Virginia,} T 't • h am County, o-wt R oc k mg To the Sheriff of Said County: M. S. Witt, Whereas, State Felice Officer --------------ofsaidCounty,hasthisday made complaint and information on oath before me, _c,.J~.____.C~-S-w.,..A. .... r....,t ....z.._..,...,.....c .... 1~e..... r.... k..._T~--J: ........ _____,C,.._...o""t1 .... r...... t....._ ___ ,. ' ' T. J. or J.P. "l'"f 1 1 of the said County, :µac,,, Floyd Paul Grogg These are therefore, in the name of the Commonwealth _ of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the--·-~-------,--------------- . :; Fl a,O Paul Grogg t __________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this_· .... 5...,t~h ____ Memo. of Commonwealth Name _ day of Witnesses: Address �JUDGEMENT Trial Justice Court Mat 3-, 1948 Criminal Docket No. A-817 Upon the hearing of the within charge, there was fQund probable cause and t.he defendant was held for the action of the Grand Jury. Given un~er My hand this 3rd of May 1948 day Commonwealth vs. { Arrest Warrant Floyd Paul Grogg Executed the within warrant by arresting and delivering the body of Floyd Paul Grogg :--1 before ... 0 ':-' Trial Justice Fee /4..o....O..... $. /,.#'J . ...i1oa Arrest and Mileage $-...- Summoning Witness $ ···!/·r..p..iJ.. -/ $ ... Issuing Justice's Fee Clerk's Fee Witness Attendance :-0 $...................... . Fine - - - - - ... 0 this ____ ...:______ day of 0:, ; .......... . !f~.i?:..4>... and Mileage $.... Commonwealth's Attorney $............ Jail Fees $........ , .5'b.. _________ $ ....................... . Tora! - - - .s'o !1~.Jp 6:J;;a~ Trial Justice Officer's Mileage 0 ..... Miles travelled by officer Miles carried prisoner Total mileage ·············••.•·· �Report of Witnesses for the Commonwealth 19.i Month of~ - Whose mileage and attendance a~ I: were not collected by the Trial Justice before the end of said month. , .i~ xt-h Fel. Pro. or Misd. WITNESSES ~4r/~ Com.w. ~ I'd, l.~ .. 2 ~/.~--'--3.~ V 4-~ 5, ~ , - ------, 1-,(£ .,.t4 r, )J)..,__4~ lJ R~ 6. V Attendance oKs - --'..a•-·- ~ - ~ ~·a Justice • ~--~1 Miles Mile~e Total Date ~ ·~ J?./ r I ,S-D I' , 1/o ,ro I ,S-o lo ,J""t) /, Oo I , So d' , t/o ' I"lo I I , .S-o , S-o -- _!_!£_ .zo Le2-l~ + , ::?rf- l -- J}J - ¥,~~ Com. vs. 1. 2. 3. 4. 5. 6. All witnesses summoned for the Commonwealth shall be entitled to receive for each day's attendance fifty cents, all necessary ferriage and tolls, and five cents per mile over five miles going and returning to place of trial or before grand jury. (Sec. 3512) ...! ��PrisonersReportof Rockingham CountyJail Name_ -1-¥/!_a,ulf1.M7;~'. _____ __ Date Attested /_-:_J_:-: Date Bailed Out_ f/_~k-~- _____t_ ~- _____lain __/J__~ __ k ~✓- ~-~ -~- ___ _ Placed in Jail ___ 0 Male_~ __Female ________AgeJ_f) ___Race_'-1,/_ ___Single ________Married _________Divorced ________ Separated ________Widow ________Widower_ _______Illiterate _______Gr. SchooL£i. ___High Sch. ________ Vocational _______College ________Drug Addict· ________lnebriate ________Occupation~ Employed~_Reason for Being in Jail_,//,/t,id,,J,c.~----- -----· ______ Reason for Release from Jail __________________________________ . ___________________________________ Amount of Fine ______------Cost ____________Sentence Time/~~- ' e~;c ------ y State ___________________County ___________________City ___________________Town ___________________ FederaL _________________Army ____________--·----Navy __________________Others_ __________________ Offen~~.,I,{~~----- _____:Fe!. ____~-----. Miscellaneous ____________________________ABC _______________________ Ins. ________________________ Date Committed ___________________Date of TriaLk -~/-~-!/Y:Date of Release ________________ Court Committed From _________________________________________Type of Court_ ___________________ Transferred From ________________________________Transferred To __________________________________ Reason for Transfer ________________________________-··-- __________________________________________ Physical Condition ________________________________________Contagious Disease, If Any _______________ Fine After Prisoner at Jail; Amount to State $ ____________Amount tC::City$ ____________ Date Reported _______________________________________Deputy and Jailor __________________________________________________Sheriff �,. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham Countv, Greeting: Yo~ are hereby commanded to summon ....·-········~·····-~ .. ·············································································•····•······~······"""'·············································· ..···············•········· ···············-·······-············ •••••••••• .. ••••• ............. •u•-•••-nuAo-•-• .. ••••••••••o••••••••••••••••••• O ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• .. ••••••••••••••••••...,•••••••••••••••-••••••••••••••••••••• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, 7-.... day of.................... at 9:30 o'clock, a.~-, on the...... .. .. .................................... .' :................. _19.½'<£ to.testify and the ttu,th to say in behalf of the Commonwealth against.........~······~ .................................................................................................................................... n••••••••••H•••• .•••••••• .. •no•u••• • ---•nn•• .. •• .. • .. ••n••' •--••• • •••H• ,._ ...... '\r ........................ ·····················-····.fL ••••••••••••••••••••••••••••••------• .. •••--.. •••••.. ·•••••¥u,;;- ......• •-- ~.-···-~~- ....... ~•••O•O•nn••••••i<1'111f who stands charged with and indicted for a felony mi5Gemeanor. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, day nf __ J.ROBERT 8~'1TZER., Clerk ~_,_ ~ -··• 1#.X:., THE SERVICE PRESS of Q\i£ saia-Co11rt, at the Court House, the ....7.2 and in t ,,,._--if-=-- ealth. ..~ �~ ~ ~ ~ t ! ~f EXEQUTED~,JrarIN THECOUNTY OF ROCKINGHAM BY DELIVE~ING A TRUE COPYOF THEWITHINAf1c11r.-11¼·,~., TO ' IN PERSON. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .......Dr •..... F .......L .•....Byer.,.(..Mr.S..a .....Ge.r..tie .... S.troop, w.•..... R.!! .....Ew.1P.g ....~.4 ....o.~~.~ ... w~.13-.Q.9tt ............. ···········································••4"•·····•··· -······••'f"••···•.W,,··········~·-·····································--·-·~,.•••••••l" •• -•••..-••••••••••••••••••- -••••-••••••••• n"r •••••• ••••••••••••••••••••• .. ·····-·•·y• .. ··-··-····• --- ... ••••••••••,........H-•....,..••••••noou•••••••••••••••H••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••-•••••..t.,,l':•••••••••t.•••••rl(••-••••~•••- .. ••••••••••••••••••••••~uo•••••-••,,.•••••••••••••••••••••••••••••••••n•••••• •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ..... ••••••••••••uve••- ··················-········· ...··········-········~-·-C,..·····························-················· ························································"T··-························· ......·------···~--p to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the..'7.th ...day of....:............. !.......... ~ ........'. ................................................. 19....48., to testify and the truth to say in behalf of the Commonwealth against...F1oy.d ...Paul ...Gr.ogg who stands charged with and indicted for a felony rai.sd41m~" And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J:"'fteBBtr S"Wtr:teR; ~k-aftmr day of.. .......... J.unct ................. -.., 19...48., and in the THE SERVICE PRESS ~r,-at the Court House, the ....ls.t .......... 2nd =~=--;;. •• A.. --- �'"ti H ~ 0 Cl 0 tu 0 ~ I i! 1 •I C t:'l .. C $):) ~1 :~ ! <t Ht m~_ ~~ ij1 1--3 ~~.~ ~ O !:0-.~ O· C/l • 'i'i :Ea: t:, to 0'-4 a, .g N1$.11.1tcC11re,.. .. 0 0 0 hnr. family ~ Cl tXj ::x: 1-3 > ti U »Ja UR"Ql > 2: [::Ej '"ti 0 ttl {fl {fl ~ {fl 1-3 H ahod~ ...04,.c.Q-:f.~ ...... .,belng a member above the age of 16 years. and explaining the purport theret --9,,___H- .A~lb.....at.A.--(,R•~. J,V>1A. (i!.. "JP/,u,~ J-1!-y,p-'", .lsual plMeof 1 ,s §1 0 0 -~ . < .by dallverfn8 ::ti .. ~ . (T 11' ()) .fl Q ·> '"ti .t:, Q tr ,>:g .~~•..•~ ......... ,. In porson, at sald ....~...~- true aopy of thle ...J.,u to~ • 0 r • !! ID vi 0~ ~ ...J a, § ..co c1' 'i 0 Co◄ 1-3 .. co {fl 0 ~ CD () ::s.... to ......(T to (l):J:'i'i 1>l11.oa of abode, Executed to to ::s a, a, ~ [::Ej(I) (T (T ::g a S.R.C. /UJtt (i),;Ji>L,o!w ,Dep. Sam H. Callender, ...... (T tp p, ::ti • 'i• () 0 to• .. .. ~vlt\'.)i-J tor Not ffru:U"~ ~ '4~ •· Z.O ~;O Executed the within summons at the office of Dr. F. L. Byers, s. Main St., Harrisonburg, Tn RockingbE(m County, Virginia, the usual place of business of D~. F. L. Byers, by delivering a true copy ~hereof and giving, information of its import to El4.zabe th T. Green, :the person found in charge of su.ch place of business, this 2d day of June, 1948. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........Tro.op.•r....14.•....S........ W.it.t .•.... Sgt .•.... S.•.... A...... Wal ton, .He.rman ...Luthor ...Bri.dge.s..Jl ..... Jr.•..... Q-Pd ...fk')J.....J.ohn...Branh.am.......................... . .............................................................................................. ••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••• .. ••• .. •••••••••••••••••••••••••••• -----·························--···--···-··-···-··············· ............. .. •••••••••••••••••••••••••••••••••••••••t•••••••••••••••••••••••••••••••••••••••••••••o••••••••••• ..••••••••~••••••••••••""-""• .. ••••••••••oHOOOOHOo••••••••••••••••••••••••••••••••••oU•••·••"---•..,.. .. ~~••~•• .. 0- ... •••••••·•••••••••••••••• .r;. ••••••••• .,11. ........................... .. ••••••••••••y• .... •••h-e••••..,.••••••••·• .. ...... ••••••••••••••••• .... ••••••••••..-•-•• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ...'1.th....day ot ................ J: ·················•··················-·································.194'a ...., to testify and the truth to say in behalf of the Commonwealth against.......Fl..oyd ...Paul .... Gr.ogg •••••••••-•••u•••• .. ••••••••••••••••••••••••••••••••••••••••••••••••••••••-• ♦-•••• .. •• .. •••••••••••••••••••--•-•••• .. •••••••••••• .. •••••••••••• .. ••••••••••••••-•••••••.,,:',..•••••••••••'O•H•-•••• .. •••••••••••••••• who stands charged with and indicted for a felony IM!!OiRUM~Wt. And this you shall not omit under penalty of £100. And have then and there this Writ. Witnessd..&G~~"}: ~"WI'.:~ ~l. 8f-<M,W, day of ........J.lm. ......................... , 194.8 ....., and in the THB SER Vt Cl! PRESS ~~ at the 2nd Court House, the ...1s.t ......... . �., ~ .'> 8- s- l• >-: COMMONWEALTH s 8 (1) ~ s ("t ~ ~ ~ [:;· Jr Cl) s.::: l Witnesses: ~ ~ ...__ 1. 2. 3. 4. ~ f 9:30 a.m. Trooper Witt Sgt. Walton Herman t. Bridges, Mrs. John Branham -Jr. .__ ,-; ~~-- FLOYDPAUL GROGG f ::s I Subpoena To June 7, 1948·at ..... f Witness ,, < er ... ~ ) 'A..> El El © r V. -. 0 �•••····•••••••·•·····••··•••·••·•••••••••··•••••••·········•·•••••••·••·•••••••·· ..••••••··•·•····••·•·•···•·····•••·········•···•·,·••····••••··•···•········••·•-u••••·•··· . ............................................................................................................................................................................... ......................................................................................................................................................... , ......... ... to appear before the Judge of the Circuit C011rtof Roclungham County, at the Court House there<>/, /?./.t........ day of. ................~~·······················:··············· at 9:30 o'clock, a. m., on the ... 19 .#.r,. ~~.. ~~~~~~~.. ~~~.. ~~~.:.~~t~~;:L.~~.~.~::~:az;_:.e ~~~ .. ~.~~~.~~~~::: r:~,-r .. .. ············· ....... .,.......................... ·············· .................................................................................................. ·········· ........... . who stands charged with a felony misdemeanor. And this you shaq not omit under penalty of £100. And have then and there this Writ. Witness, ]. ROB.fR.T SWITZER, Clerk of our said c;urt, at the Court House, the ..../.6.-.P.k .... '?/.j-o/-; ........ 1#.Y., and in the .../:?.'f.~e~r day of. ....... ................ TH& JEI.VICJt PUSS, HAP.aJSON8U&G 1 'IA. o t~ Commonwealth; : ~..,.u,,,,~~ Clerk �~ -~ ti)- IN P.e:B.SON. TO ~'~i' C) THE COUNT'i .-9F • .,, ~z-::: lbi#: -~ ' t~ ~"~ ROCKINGHAM BY DELIVERING A TRUE COPYOF THEWI.THJN ,£11 sn n'tt :Mt:1+- EXECUTEilW~ ~ ~ ~ ~ ~ fu U/ltt, IPJP/4,rA,, ,Dep for sam H. Callender, ~.R.C Executed May 13, 1948 the within summons at Dr. F. L. Byers' office, south Main st., Harrisonbur va., in ~ookinghtl.Dl county, Virginia, the usual place or business of Dr. F. L. Byers, by delivering a true copy thereof and giving information or its iDUiillrt to Mrs. Elizabeth ~reen, the person round i~arge of such place of business. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ....Don ..Ruddl.e..,.... W.a1te.r....N.o.rv.e.l.le.,-.f:-:-: ............. . .Sher.ift ....Cal.lenderf. ...Deputy ...3.he.ri.ff ....P~.~.d.... an.d...D~.p.ut_y_ ...Sh~.r..if..t. ....... . ,.,. S-tr.awdern«1n..J,., . _. ················•·····--········•·• .. .. ... . .. ........ .............................................. .. . . . ·••••••..,..••••••~•••••••WJL• .. ••• .. ·•~•••O.f~~••••••••••• .. •••h·•••••••••• .. ·--••t:a ♦ •••••o••• .. ••• .. ••o•o••••••••·•••••••••••••••••••••·•HOoOooo••••••••••• .. ••~•n0••••••••••••••••--••••••••••••000 .. -·•···• -""'}-·····-------~--------...... ----------·-·······························--······ ·······-···· ................................................................................... ..........._______ _ ~ to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ...7..th...day 0f. ..,.................... .....~........................................................ 19.48 ...., to testify and the truth to say in behalf of the Commonwealth against... __ ...,,...,.·-·····~---·••1 ...••·r··~·-·--t---·-······---····················••·-••···································· •••••••••• ,.,.f······•~·······•~p••··..,... ..·-·· ..F.LOYD....PAIIL ...GROGG ..................................... _ ........................... . ········~----·· ..•••••••••••• ..•••••••• ..·--·················································-,••a.••····················-···················· ............ . who stands charged with and indicted for a felony 'fflfflfteffle'll'f\m':' And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,➔.~"F-S-W+'F:eER-;€~M"ffl1P"Ml.ieC:-cmrt, at the Court House, the ....::L.t ......... day of.. ....·--·J.· TH.B SERVICE PRESS ······•-·····--··•··• 19.48 ...., and in the 172nd ........... e r o ...-- ...... - ~on wealth. -- �\ ~ COMMONWEALTH V. ) Witness Subpoena~ ~ FLOYD PAUL GROGG To June 1, 9:30 1948 at ·~ a.m. Witnesses: 1. 2. 3. 4. 5. ~ Don Ruddle Walter Norvelle Sheriff Callender Deputy Sheriff Peed~ 11 " Strawder ~ ~ ..... ~ t �COMMONWEALTH fuu.i&. ~ vs.1~ DESCRIPTION OF PRISONER Last known address-------~---------~--------------------------------------------------Color _____~_:-- Height__J_:-:_j_/__ Eyes___~--- Hair__·~---- Weight-Lf::q _____ b, /(-------------------------------------------------. -------------------------------------- Marks ____ ----3-~_____ ____ Occupation ___~~--~ __________________"" ________________ Date of TriaL ___ ~17/ t/J"'---------------..------------------------------------------------------------- Age_ Result __f.::;. / • J/~ ----------------------------------------------------------------·- ��Summons required under Sec. 120, Chap. 342 Acts of 1932 DEPARTMENT OF STATE POLICE ..,. ;J. __ 7.J__________ .E;ounty _t!r-,......-:.__,,......,--+'-.....:.....:...:.:c....::....::......:==-------------'-'Date - ;1 V [ 2"',. t , "..,.___",;!,t~=----=----------~---you are here ~y summonsed to appear bef ore: N'? 102932 -lv, 9E._ __:::_t_' .. ._________ Trial Justice I L,LJ &, .,.- 1 ~rV>!ame of D,efendant) ► r -, of ,-q ,ij_ / 1-lb an7-CL .. 7r ......,.. • # (Place of Trial) to answer for Violating the Motor Vehicle Lays of Virgin\a, to wit: Improper D Reckless Driving D r:;, (Date) D t C, •• .'Lr_/ Excee ing Speed,?Li it t""<\' cf , ;,,.,c;~t" •✓·- _-, at ~'clock--L-M No Operator Chauffeur License D □ Address Lie. No. ..-..i,c.;.=;::..z..L--"'=--1--=-Jl....:R.....:.....;•:.._.....IL.=,.i,...:. Sec. 120 Chap. 342, Acts 1932. Failureto comply summons constitutes a separate offense. ~ l'i this I • State Pol11ic,.-e __ ._.r--'r.c...Lf...:•'--"~"""'"---'-'-"'1,.l....,.._,{.,.A,xi~...._ ______ _ Shield No c:z_ ~ -if' (Address) ��\Vitness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit : To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Comnwnwealth {P Don nuddle " of Virginia to summon..._.~-~-~- " Walter Norvelle• 8"t• Hbg police~ ~ .., Coroner F. L. By~s, ,-;,.,..J--. (;:/-:.,, J~ -i- » ~ to appear before the Trial Ju ice Court of said County, sitting at H-===ar==r:....:i=-:s::.....=.o.;::.:n:..;;b:;..;u=rg=~-'-. -'V''--''i=r:.._g""'1:i.:n=1=-a=t-:.......... ---.,.... ,in said County, nn, 3~ ' day of:_..,;Iil@,~;Lf ____ _,, 1948 'at the hour of ~s-..=-:-=0-=0--==~M"""=----'--_,___ of that day to give evidence in behalf of._.,,.C~o=-'-!IZ;h----------+---------__.,,'.;.___,4--____..r..___,__:_,r~--- in the pending v. _Floyd case of _.....i.{lt)f,ll·~ro~• .... t...,h~---------------------------'----+---- Paul Grogg, �Ill Ill C i: 1 0 't'J. .0 Trial Justice Court •A 817 Docket No. A 818 ____ I Co 'th ( V. ( Witness Subpoena ( -~YG To Paul ~sgg, May 3 1 1948 at 2PM. .... 0 GI -t 0. �\Vitness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit : To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commoi:iwealth of Virgi ia to summ~..---,.,.~------- Jlj.lving Oobb ~ Singers liobart .-,.'. • ;Jjw i11g, t..- Oscar Wescoth- _____ .. Glem:1..,Va• n "------------..J~"'---------------at Harrisonburg, 19J:8.., at the hour of to appear before the Trial Justice Court of said County, sitting in said County, on _ __..3 ..r.,,,Ji-_day of.__ ....,.=-.!'----~~ of that day to give evidence in behalf of.___O_o_m_'_t_h ___________ in the pending v. case of -,,,,,;',·~~o ...m...,_•_..t ... :h..._ __________________________ Floyd Paul Grogg Given under my hand this .,. 28th :Virginia .,,,2;00 J?,llll.. _ _:,.___ ____ �.... 0 ( rt· I:>) C" 0 0. (D ::, o. ::, QQ Trial Ju-stice Court t. --~-Docket No. A BJ 7 ~ i ~ "I ( V. ( Witness Subpoena ( . Paul Grogg To May 3, 1948 at 2PM. Floyd \ ~ ~ ~ ~ �,vitness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the. Sheriff of said County, Greeting: ~ You are hereby commanded, in the name of1 the Commonwealth to appear before the Trial Justice Court of said Col.mty, sitting at of-Virginia to summo1,_______ Jranla ....... of that day to give evidence in behalf of=_~!Qitl!IIL-------4-----------..:__.:__ in the pending _ , 'ff.qi.ala _____ _ case of -..caf"Plmi'll~HI-Hllc---------------------------------- v. Given under my hand thi.~ ____ gi~----- day of..._-..-Apw.a.cri...... ~,...-+f}--+--I �Trial Justke ____ Court Docket No ..._ A;.,-- ( V. ( Witness ( Subpoena ~t.,-1 Patil .... -!o 11a, a, 11 at DL �~ SHC:1c H, Callender ��Trial Justice Criminal Court Docket No. A:~ / 7 Co.m.'th I V• /-1,H. Fe/ $1)~ , r -b- rs-1- AW Tri3.l Date fl,trl, 'tt Date Arraigned b-3-'f If ::l.<:f'nf �� 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/. Title A name given to the resource Commonwealth v Floyd Paul Grogg Subject The topic of the resource Felony Manslaughter Description An account of the resource Defendant charged with felony manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1948 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_015_003 Grogg https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_005_commonwealth-v-fred-gilbert-shifflett.pdf eacd19324f9bd45127265bbdf96767c6 PDF Text Text ���'J ' I '"'r '!'- ������-------- �Friday, N0 vember 18, 1955 Commonwealth On en indictment v. Fred Gilbert for a felony Shifflett This day came the attorneyfor Fred Gilbert county Shifflett, and by his the commonwe 1th, came in the custody attorneys, Charles And from persons free I persons were examined from exception; twenty persons counsel for of four persons, whereupon, true summoned by the was handed the accused, twelve deliverance Thereupon, verdict jury be segregated ~he court thereupon at all ~rm.:1:pu:rP exce~ t during ~ placed for overnight Deputy Sheriff, of their 2bility, for striking that during touching therefrom the names and truly try and the trial jury ~ :Jou r~'? I jury during of-this that case; the a.:ae..~ be~·~µx±m:gHfil:'mX sequestered this trial, of A. L. Strawderman, together,except relative and the Sheriff, end trul during speak to them nor suffer any m tter at the to the law and the evidence. the period;.; and being: who were s orn to well keep the facias, the commonwealth and the com:::1onwealth moved the court neither to speak to them, attorney according in the custody s,,i tzer, of venire the n2.l!les of said were sworn to well times ordered M. Weaver. the conL~onwealth and the prisoner render the attorney of this e.nd found duly qualified contcining twelve persons make between bar and a true ry under writs /1. each alternately the remaining said sheriff a list to the sheriff CofJAI by the court whereupon, of the and the accused, A. Hammer and Ru~ sell of rh,5 twenty (murder) to this r, jury s and W. A. to the best overnig:;;:~;i:~ any other trial. person ��And having recessed heard until a portion of the evidence, tomorrow morning at nine thereupon case is o' cloc]j:-.XElllx:tkRx{i:ia::icy:xmrx /JUL ' V)A.,, this ��r COMMONWEALTH vs.1:-,,d~ //J. DESCRIPTION OF PRISONER Last known address _ _,_fJ_,J!.""""""4-'""':....;...p,<--:=--~-~-~--=:.-=.-------------------- VY Color Marks, __ Age ___,:Oc.__ "1-- 3 Date of Trial,_ __ Height -- / t> / /4- • yes ~ ____________________________ _ Occupatio111-_..!.../1_r=--~~__,c__,:=-=-----=--=-· _.i-t_--=~-------------___:_/_,_/_----'-)--=-_-_/....,1_.,,__!_Y_~ __ ~~;..-==~=:____L/.../.,/:___:_-~3':........:_t:;_.,,,...._~~~fJ=---- ��~ -------------------..,----- ~ -d.. ,.. t �1--------------- - -- -----~--~- ---- �G. H. Parent Co. Ashland, Va. F N orm o. 777 to-wit: In the Circuit Court of said October county County The grand jurors of the Commonwealth of Virginia, in and for the body of the Rockingham , now attending the Circuit Court of the said of county FRED GILBERT SHIFFLETT upon their oath present that within twelve months prior to the finding of this indictment, to-wit, on thR or a bout the October , in the year one thousand nine hundred and fifty-Yi ve City of Harrisonburg in the said county, did , feloniously kill and murder one Marlene Yvonne against the peace and dignity of the Commonwealth of Vi~ginia. Upon the evidence of 'Term, r9 55 Chief of Police Julius F. Ritchie, witnessa sworn in open Court and sent to the grand jury to give evidence. a 2nd day of and in the Shifflett, �3o.J3 I AL'TH INDICTMENTFOR A COMMON.WE vs. FELONY FRED_ GIL.,B.E.flT ___mu]'.F_LET.T_____ A TRUE BILL c<IZ-4'1~ 7 George D. Conrad Commonwealth's Attorney �Commonwealth v. Shifflett INSTRUCTION The Court instructs accused to be innocent doubt, and if there the jury that the law presumes until he is proved is upon the minds doubt of the guilt of the accused, him, and that mere strong, suspicion is not sufficient if::; J 7 NO. guilty beyond a reasonable of the jury any reasonable the law makes or probability to convict; the it their duty to acquit of his guilt, nor is it sufficient however if the greater weight of a preponderance of the evidence supports indictment; but to warrant his conviction, his guilt must be proved so clearly and the evidence every reasonable But, in cases hypothesis rely simply must be so strong the Court the defendant of the jury as to whether mitted the crime further a reasonable he was insane as not to be responsible J- tells the jury that of insanity, doubt in the at the time he com- therefor, upon him to prove this fact to the satisfaction from all evidence. as to exclude sets up the defense on having raised minds results in the of his innocence. in this connection, like this where he cannot thereof the charge but the burden of the jury as fairly is ��Commonwealth V. Shifflett INSTRUCTION The Court the evidence instructs that the killing of passion on sufficient voluntary manslaughter. ' 7 < ,,, l/--vJ_J_/ ;I JI: 4 the jury that if they should was done without provocation, ~ NO. f malice, such killing /4-- find from in the heat amounts to 1/vn,,h?'fY" ~ ��INSTRUCTIO,N NO. The Court instructs from the evidence, heat of passion, to manslaughter only; if, the heat of passion,but such killing ( the jury that if they shal~ find, that the killing on a sufficient Lf_ was done without malice,in provocation such killing however, they find the killing on a slight and insufficient amounts was done in provocation may amount to murder in the second degree the ��INSTRUCTION NO. The Court instructs evidence, that Fred Shifflett indictment _..i.,_ the jury that if they believe, committed the homicide charged in the in the heat of passion, excited by a reasonable which caused him to do the act without premeditation insufficient to deprive him of the power of self he is guilty of murder in the second degree, which he received self control from the was such as to reasonably provocation and yet which was control, in that case but if the provocation deprive him of power of at the time the homicide was committed then they should find him not guilty of murder but manslaughter. ��v. SB:L'.'L ·TT r:~sTi-rJcT r 1:c. 'J,,I 111 The court from th evidence accused accus had d, deceased such able to seek doubt find' as the case jury that marital of the rhich same, such to his th deceas~d went im :=uilt-y and to the the home of while to. that the seeking eed his plea, or r e ovurtook that there may be a reason- t act delio tells the j1r~ that e irst de~ree. of mu.rd r ,I-- and the an er, done n t e court you believe deceased refused an extent having the if and that oassion, to that difficulties, a reconcilation, the of of mi~d this havin reconcilation )remeditatedly; cannot been in as a result s a result state instructs int his rately and t.~y ��'!. nhe 'Jreraedi t'1e first ta tion, court they instructs cannot the find jury that if him [ uil ty ) v <;: 1/-vJ-f //// / the of murd de[;ree. I at time r in ��V. St:IL",. 'LE'r The court the jury that 10micide is presumed d~cree. If th~ Corri..~onwealth would elevate murder in the istics of that committed. by premeditated and if of roof c- I instructs the is first lav.r to be murder by de~r~e, offense; t· at the defendant act prior priso!ler sne must is, by to the a would reduce the on him. (7Y L-./7_ ?es I/- Y7- Jj //1✓ r L_, second to ~he offense such ·willful, shooting in the im~rove that unlawful every the offense characterwas deliberate, of thJ offense, and deceased; the burden ��COL 01TIBALTII 1 v. Irs The court of a human beine and uremeditated, de;:r e. 'RUCTION instructs be malicious then such No._d_ ~he but ~dllin[ jury that not if willful, is murder the ~illin[ deliberate, in. the second ��v. INSTHUCr:J.' I N NC. The murder or that in this any that it the act for of are t11.e first oreviously for tir1e jury degree, formed to desicn lencth of should have a course done, and not brou the reflection. act or tat, there desiGn premeditated 9ctrticular instructed ~ must kill to to but ~ill tie. so recently acout before, be a premeditated, it is s.ould It determinately ht constitute is not necessary ave existed only necessary fixed on, bT provocation as not to before t the cive time �;:_ ( �cm. 01' LTH v. HIFi?LEI 11l 1 INSTRUCT ION NO. The nurd r in incit6d been to first Qeer~e t' e dlling t.at t. en must is and to the and 1 say, ~illed that t • prisoner that premeditated have jury by :ri.alice, deliberate, deliberated, and instructs the vilful, wrisoner; court the constitute must the remeditated tat her. and to ave 'dllinc on the prisoner e should been must !'lave part of t.e must nave willed, ~ill the deceasea ��Commonwealth v. Fred Gilbert Shifflett CHARGETO JURY If you find murder, as charged committed with deliberate finement degree fix twenty less five of murder upon sudden not less by a fine him not murder of was was wilful, him guilty of murder at death, or by con- any term not without less more than five him guilty his than guilty but in the that provocation, and for not first degree, he killed Marlene actual or implied, or in mutual manslaughter of murder degree, of involuntary combat, and fix for exceeding than in the not less five ~1,000.00, first nor of voluntary manslaughter, at confinement one nor ~ore of not you his than years. second punishment then years. in the penitentiary him not in the in- aforethought, degree, aforethought, of voluntary at confinement second of murder degree, on reasonable malice in the penitentiary twenty malice with in the and premeditated, in the guilty second him guilty of murder and fix it as charged deliberate of murder in the If you find but find guilty the or for same was committed at confinement heat, find punishment nor life, of murder, nor more than Yvonne Shifflett one nor the punishment you will find punishment for was not wilful, If you find nor and that you will him guilty him guilty than and that aforethought, his Shifflett, years. it find Gilbert indictment, and fix and that that his Fred in the penitentiary dictment, will in the malice If you find but accused, and premeditated, in the first than the degree, manslaughter, you will in the penitentiary years, or, in your or by confinement say so for discretion, in jail �l �Com. v. Fred not exceeding Gilbert Shifflett one year, If you find him not --~harge or by both guilty, to Jury-- such fine you will Page 2 and imprisonment. say so and no more. ��Commonwealth v. Fred Gilbert Shifflett I INSTRUCTION The first Court degree killing of is in being deliberate passion the jury that murder deliberate being degree with is in the and premeditated by another second by another with the malice. killing malice but is killing of without one being and premeditated. Voluntary being the any wilful, one human Murder human instructs manslaughter by another engendered provocation. without malice, or brought the in about the of heat one human of by reasonable sudden ��Commonwealth v. Fred Gilbert Shifflett V INSTRUCTION The Court instructs law of homicides in a technical includes not with such a heart and used sense. only unjustifiable and corrupt motive, motive, or excuse. excuse, however malice and it but an evil act of murder express every an action as carry as applied definitions duty flowing is It and mind and purpose, plain attended indication bent done intentionally may be inferred used from any wicked and deliberately done without to the or implied. unlawful in them the means a wrong act and cruel The Court that denoting It malice may be either of social just that and hatred circumstances Malice jury in the done with mischief. deliberate It anger regardless cause the on without or implied reasonable of from any provocation or sudden. further shall may first or at any previous have instructs existed come into time. the for existence jury that it any particular at the time is not necessary length of time of the killing ��Commonwealth v. Shifflett INSTRUCTION The Court other criminal presumption wealth cases, If, therefore, of the witnesses they should .fl//, a and puts upon the Commona reasonable of the whole case, and the circumstances as in all of guilt raises his guilt beyond upon consideration in the· minds accused, denial in his favor of proving 3 the jury that in this case, the accused's of innocence the burden exists instructs NO. proven of the jury a reasonable find him not guilty . doubt. the testimony in evidence, there doubt of the guilt of the �•. �Commonwealth v. Fred Gilbert Shifflett INSTRUCTION_![__ The Court the instructs the Commonwealth to prove doubt of an offense against the accused and every material accused, certainty more than the accused satisfy is does not the jury thereof the guilt all that it all all thereof, is necessary pf the upon the resting beyond element possibility beyond burden guilty mean that the or beyond guilty that the Commonwealth to establish absolute jury accused reasonable reasonable charged for the to an of mistake evidence upon or to do as a whole doubt. �•. l �Commonwealth v. Fred Gilbert Shifflett INSTRUCTION ._s-- The Court this case, if one of the 1) degree That the less for That the 3) 5 the which is punishable less accused life than 4) accused accused the under evidence, guilty by death the the jury accused of murder indictment in may find any is guilty less of murder by confinement or is of voluntary 5 years, is not first in the than 20 years, in the second in the 20 years, guilty in the or confinement any term not by confinement 1 nor more than That is or for nor more than That that verdicts: which is punishable than jury by the is punishable penitentiary 2) the warranted following which degree instructs penitentiary or not manslaughter in the penitentiary not or guilty. • �.. ... �Commonwealth v. Fred Gilbert Shifflett INSTRUCTION to The Court intend that or necessary with killed that any, his the such circumstances he is or upon there prisoner showing proves weapon wife, premeditated of which guilty the he is killing, extenuating extenuating appear of murder jury does, consequence a deadly without instructs very act, if facie necessity circumstances, circumstances, from the case in the first presumed immediate the prisoner, possession, of wilful, and the the provocation a prima guilty is and previous slight is a man is or which of his in his that shot and presumption deliberate rests and unless or upon him he such made by the degree. and Commonwealth, �.. �Commonwealth v. Fred Gilbert Shifflett INSTRUCTION The malice is the is proved, burden I Court instructs presumed and of is from the the jury fact unaccompanied disproving malice _2_ that on a charge of killing. with is When the circumstances thrown of murder, upon of the killing extenuation, accused. ��Commonwealth v. Fred Gilbert Shifflett INSTRUCTION The Court deliberate, the instructs the and premeditated intention to kill time prior to the such intention time at the actual should time should jury that to constitute killing, it exist killing; have X for it come into of such killing, a wilful, is not necessary that any particular length is only necessary that existence first for the or at any time previously. of ��Commonwealth v. Fred Gilbert Shifflett INSTRUCTION The Court homicide and if are proven of like circumstantial therefrom such may be the deliberation may be proved or instructs facts, any other deliberation so inferred. that in warrant fact, a case by the by either circumstances and a reasonable justify doubt or premeditation, and of accused direct or by a combination surrounding beyond jury or premeditation evidence which _i_ of both; conditions an inference of the then existence the same �/ --....__ �Commonwealth v. Fred Gilbert Shifflett INSTRUCTION The Court Virginia is presumed, be murder offense instructs in the circumstances, evidence of the I that degree or excuse to introduce Commonwealth. homicide of other and in order to reduce or justification, every absence first and in order accused jury degree, in the or to show justification is upon the in the second to murder Commonwealth; the /O the the for to to elevate the offense evidence unless evidence, burden the in killing, is upon the to manslaughter the burden to show extenuating it appears from the ��ii_ INSTRUCTION NO. The Court instructs the first degree the evidence must clearly any reasonable killing doubt, that the prisoner of the deceased by malice, but such killing act on the part killing the jury that the defendant and distinctly understood to do; he must have also reflected premeditated that injury the probable there be a reasonable premeditated to kill which would probably guilty the deceased, result and premeditated what he willed and deliberated of which would be death. of murder in the first degree. And if deliberated the deceased or do her some serious her death, and or do her some serious doubt whether he had willed, occasion to the wickedness of heart; deliberate, and intended bodily prove,beyond in other words at the time of the must have distinctly he would kill murder in was not only incited and desperate must have been a willful, of the defendant; to constitute and bodily injury they ought not to find him �.,. �Commonwealth v. Fred Gilbert Shifflett E INSTRUCTION The Court question into of the instructs guil.t consideration commission the other the case. jury that or innocence the of the facts the crime, flight if of the of the the and circumstances in determining accused, prisoner after same is proven)along introduced the you may take the with in evidence all in ��Commonwealth v. Fred Gilbert Shifflett /'S INSTRUCTION The Court prisoner, considered instructs when proven, by the jury, the whether but of a prisoner is the in connection with that the good or bad, its innocence jury, jury weight a matter the for other character is a fact as affecting the facts of a to be the guilt determination of proven in the or case. �r "Ji �Commonwealth v. Fred Gilbert Shifflett INSTRUCTION The Court witnesses is have the right on the their the a question stand, consistency instructs of their apparent relationship testimony,, witness of the witness in the result from all surrounding other determine the relative accordingly. which witnesses weight from the the for their or lack jury; apparent trial, more worthy of any such testimony, if if of and the of the jury witnesses reasonableness candor of intelligence, circumstances are the the to the parties, of the credibility appearance manner of testifying, intelligence of the that exclusively to determine their jury _d_ any, and fairness, the the interest any appear, appearing of credit and on the and trial, and what is and to give credit ��cm iT ' Or .~AL'll::: l . The court reasonable doubt prisoner as may be in his favor, illustrat~ is instructs t1ey s:1.ould '.ave reasonable ...ind in doubt '-uil ty o· • .,.,ans aucl1.tcr, doubt de)cree v1~1.eth r i.e be in favor of the that of they if shall reasonable doubt first to .vhet 1 and uil ty if at accused o.11, and as er he is the tow t.1e have to r he seccnd ~uilty If find a r as onaole him. de--r t•1ey of murder s:.ould t 1ey must acquit doubt et~ de§_ree. they r that low r [rade; second or manslauehter, a of ,,;rhich the or degree in the have resolve of the th they offens~ him ruilty as s econc. to [rade hi!"'. cu.ilty i:i the as jury t' at have of murder the/ the suilty, and find if cuiltJ to the resolve him doubt t' at e, �u r.l • �C01IT-ON AL1'H V. 'e court criminal of case twelve tion instructs minds in of t~e de ree of t or of th J dence in jurors, o~ t ~ur this it tne uilt derree of [Uilt, as room that it is a snirit their of minds fello,s, conscientious not no place t. l"J dutt fairness to cive anQ, and car if convictions, of as i, ful it all douct his accused, the rest tote jurors candor Yith consid can to b aLree ration done the as cuilt tot jury or innocence or discuss each evi- fellow of t1e o inion mem- own convictio:1.s or guilt of to of the are1 ~·ur-c 11e-r inst1·ucted rid ~ his ~uilt tne t s to ~h the respect with o to ny indi victual s1 rrendor oecause for o~ to nee 1'he jurJ ith considered degree a convic- r·espect consultation s ~o tne innoc oefore 'ith if duly of a a concurrence true a reasonabl~ convictions is likewise aving si~ply t. e decree. to true trial t uilt Th re fore, duty or different jur; oJen his t upon of this nd after or to tain is enttrtain is is but c se, aecused, accus-.,d, only after ~ ~ ' should v conclusion crime. 1e tn 1 the Not 1 jur. t e 1 r con-cemplates accused, the as a jury b can be had. ~uilt th oth to the u on a verdict. nteror that t e obsti~acy, t witnout c ~ r, out evidenc in and with views sacrifice of of ��Commonwealth of Virginia: To the Sheriff of Rockingham Cpunty, Greeting: You are hereby commanded to summon ...................Chi.ef ...J\!.J.i.v...s ....f...~....~.i.t<?.P.J ..~ ..................... . to ap1'.e6r: fJ(Jore the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at Y/Xo'clock, a. m., on the ...17 ...day of-....................................... .0.cto.b.e.r............................ 19 .. 55, to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ..................... . ............................................................... v.s ...... FR D...GI.LBER.T ...SHIFF.L.EI1.T ................................... . who stands charged with a felony 1ffl.s:d"DIIJR{JfJJOv;, And this yon shall not omit under penalty of £100. Witness, '-~~ll day of....... Octo.b.e.r.......... 19.55., and in the ...1.8.0.t THE SEltVICE PRESS, HARR150NBVRG, VA. And have then and there this Writ. �Commonwealth v.) Grand Jury Fred Gilbert Subpoena Shifflett To Oct. 17, 1955 at 10:00 a.m. �In the Name of the Commonwealth of Virginiai_ • 0g~. o f th e C. ity To the StiUi'fl:ZiKK~Ka'frilC~iy, of R. ichmond Greeting: You are hereby commanded to summon ............C..... for-er.t_on ..Le.e ....(.C.raig.-1!c ...L.ee. .... .........................._9.10..Mutua. l ...Bui l ding) .............................................................................. . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10:00 o'clock, a. m., on the ...J~...... day oL ........~S?.Y.'?.!'!1:1=!.~.~ .......... , 19..2?, to testify and the truth to say in behalf of the Commonwealth against ............................... . FR~D GILBERT SHIFFL~TT who stands charged with and indicted for a felony mlt:N~~ And this you shall not omit under penalty. And have then and there this Writ. Witness, .3')ROtmr:.R:S~~~~ of .....TIS?.Y.~~h.~.!' ............ , 19... J9......... day THB SEJ.YICE PllSS, HAl.&.ISONaU&G, TA. 5.5., and in the....... at the Court House, the Ith. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ... ... S.e.r.ge9,pJ, ..AlJ..en...H.ar.YJ~Y. ..................................... . .r..i.<1._g~ v.i:a..tE? .r..,....v..il..~..................................................... . .... .................. ........................ ............ ..............B. to ~p~ear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, a?ii~clock, say in behalf a. m., on the.18.t.laay of the Defendant of. .......NO.V~WP.~.r.,..............195.5 ... to testify and the truth to in the prosecution of the Commonwealth against....................................... . ................................................f..+.e~;t..S..h;i,.. f.f.l.~.t.t .......................................................................... . who stands charged with and indicted for a felony #J~;x::x And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .....J.q.t:q······· day of ...N.ov.emb.e.r., ......19.5.5., and in the J.,. �u,.:::: ~XECUTEDfl,.w'..>JIN THE COUNTY n ROCKINGH~M BY :1ELI'~~ 1.It 1'1 :::i; O') l:t < .- o:i: co ll) zc.:, __,. r-il:ts:zo V) QC > - 0(;) oe5 o :I: z t ~ ~ ~ ------- �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .. ..L.~<;!.~Y. f..9+.t.Z., ... 1~.f.9Y ....f<?.+.t.~.1.... Q.:PJ?~r.t ...... .J..~ci:r:LEl.t.t?: ...~.~~.f..f.~.El~~l .............................................................................................................. . to app$_arbefore the Judge of the Circuit Court of Rockingham County, at the Court House thereof, 9.• .JO at J4s: o'clock, a. m., on the.l.8.tbday of.......N.o.V.~WP..~.+.., .............. 19 .55.to testify and the truth to say in behalf of the Defendant in the prosecution of the Commonwealth against.............~ ........................ .. ................................ ........... Fr.ed ..S.hi.f.flett, .................................................................................... .. who stands charged with and indicted for a felony~~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ]. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .......l5.t.P.: ..... day of ....~O.Y.~P'.!-P.e.r.,,.... 19 ...5..5, and in thel$.0~l)e_3' of the Com. onw,ealth. e~~~kin! f ') �~ '9 rmv·15195 -=:i SHERIFPSOFFI i ~ ROCKINGHA .,;, COUNTY ~ fJ<EClJTED./L -/6 - ____ _s._.s. ..=IN THE COUNTYOF R · KJNGHAM BYDE IVERING A TR:Ji:: IT.~!N.. .... 1 '1/L • J •• .... ··- . -- - ·-----............ _ ~ - �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ___ .K.ennet_h __ Bo_wma.n...an.d ..__ l[~_rnQ_r._.:S.QYfill.J.m., -··-----··-·····--·-·····- ·····-·--·--·-----····-····-··-·---····----·-·-··--··-··-·-··--·-JJ) , ·t.~·-·· "·'- -' ··-···· 6- d....h, -····-··-···--··· to appear befor :t~1) Judge of the Circuit Court of Rockingham County, at the Court House thereof, at iiitJtJ o'clock, a. m., on the.18-th._day oL __.__Nos.emb.e.r __,......__ ., 19....5_!5, 9 to testify and the truth to say in behalf of the Commonwealth -········-·······---·----···-···-----·--·--··i.'·r..e_d ..S_hif.fle.tt against ··--·-··--··-···-···--······-··· .......--...___ ......_._._. _____ ...___ ...._._··-·--··---·····-·-····-··-··· who stands charged with and indicted for a felonyB~i:fEffill;jIDK: And this you shall not omit under penalty. And have then and there this Writ. ,vitness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .1.7.th ..day of .... _N.av.eru.be_r., ..-···-··• 19.5.5.., and ·n the],._$..0:t~ar of the Commonwealth. THB SEIi.VICE PttEss. }IAR.&UONBUllG. VA. �COP¥.,OF THE WITHI 1 .,,7;/:i TO~'i/ I.N PERSON• ..._...,.__/;) ____ 'M b~ dh £t,,_, ~ ;;;.._;;;=-..,,_,.-~ r< -~~ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ....K.enn.e.th..Bo.wma.n ...a.nd....V:~.r;nQ.+. ...:S.QYWJ..?Jl, ·······································································•··················•lJJ.1:t.~.... .1 •••.•.•• Y:i:!.!'...~.~ . ............... . to appear befor9l~n Judge of the Circuit Court of Rockingham County, at the Court House thereof, at i.itJtJ o'clock, a. m., on the.18.th ..day oL .....No.~.emb.e.r.~·········• 19....5.~, to testify and the truth to say in behalf of the Commonwealth against ............................... . ............................................. .E.:r.e..d ..S.hif.fle.t.t .......................................................................... . who stands charged with and indicted for a felony~i¥"~:iK And this you shall not omit under penalty. And have then and there this Writ. ,vitness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .l7.th ..day of ..... N.o.v:e.m..be.r.-, ........., 19.55., and ·11 thel~H):t~ar of the Commonwealth . .....~ ..., ......~................ , Clerk THI SEIi.ViCE PllE55 0 HAIUUSONaUJ.G, VA. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockif7~ You are hereby commanded to summon _____________ ~-~~--- /,~th Greeting: .t-~~-------------------------------- to appear before the Judge of the Circuit Court of Rockingham q: 01> d House thereof, at~ o'clock, a. m., on the_/_4 _______ day 0L4/_r to testify and the truth to say in bdgl~f of 1e C~n County, County, at the Court ________________________ , 19_[_~- aga ·ns~;;~-z;-·----------------- ----------------------------------------------------------· ~- -----------------~-----·--------------------!l'J::..~--------------------------who stands charged with and indicted for a felony misdemeanor. And this you shall not omit under penalty. And have then and there this Writ. Witness, J. ROOERT S\1\11TZER,el:erk «;f om said CcJITft the Court House, the __f___J____ day of . ____ ,(V.°£7!_,_________________ , 195:'S,and il-t e __ ,f"__c THI! SRI.VICK Puss. HAl.1.JSONBU&G, YA. �,- SECUTEDll-12-~"' IN THE COUNTY01' ROCKINGHAM BY DELI co ROCKINGHAM COUN1Y �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: g to appear before t~.-&51ge of the Circuit Court of Rockingham County, at the co House thereof, at 10:~'clock, a. m., on the ___ ~~----·--day oL_·-------~-~::'.~-~~-~-~---····-, 19......, 5 to testify and the truth to say in behalf of the Commonwealth against ··-------···············--·----· FRED GILBERT SHIFELETT, who stands charged with and indicted for a felony ~~~ . And this you shall not omit under penalty. And have then and there this Writ. Witness, J~:K+~:tela:ltlSifC~X~R\iX, ~ at the Court House, the ..J1....... day of ..··-~-~Y-~~"!-?-~!_ ........... , 19?..~..., d in the J .. year f the Common we ,._ Ith. __ ~ TH8 SRI.YICB PUSS, HA&aISONBUllG, 'YA. �//i~6--:.l~ THE COUN'1.Y01 JW;CU~ ROCKil r.. , corr -TO _f J r.~ ,J L~ ..JEuT ~pr,Jn. fl. rr'QP , .... .,...,., 5P..Jli.JYu:'J'J- ,Lv,,;d,,.,J _5\.~ Y l..cJ·r -.-I .. , ,! 9. J.A,t,')'n-"'"...,o.¥, - E✓ --L-~"r-F COUNTY ���Not finding.... , ·- rJ J..i.~.~.1.~..i1..J.e..iJ'.i..... ~.~.t;.A.t.~ ..~.:~ ........at his usual ~ · ,.· • ) -............................................. l O·· ~ lace of abode, Executed ........J. by delivc-m.,(1 a $ me copy of th.isSv.b .~J..~T(.V.1? .....B9-.k!.h1.~.......... . ..l~'.i..0.'>') . _}.L~.... :f~t.h ..~~r ·:1,, sual place of abodc.}lt\r.(~.S ..... y,.r''~ i~.~.!!.J3 .... 1 .~ .... )Jo )'Yi~".'rl..... .. , b~iu-; a m • .'-.·of ris family above the , e of 16 y , r , .._d e. ,-,1i in.i, d1...: pl 0 her. ~.~l.~.~···· • c::-t ..ii.rcof A.L. TR M ER AN -·····--------------------------------------------------------------------------------·-··· ~~ it. c. Deputy 1 ..-..~-A.b:').".'~~··························-·· Sheriff..e., .. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon_v.: __.J ....~.9.hJ.'?J ...~.:f. ..l.~.:!:?:-.yi···~~!.!~~ ..-····-·· i!·!~h-t:t~:~·;····E-r-p✓~~·r!t:~-tr&mtn~·~J}·%fr:.:-~:.;-ti~..,Bo~~~~~~.~~.---· ·····✓·············--·-···································-·····-········-·········-··············--····\I( ··-·········u··········-···················· 6) Sgt .. ····················-·-·-···y-;: E. Martin; 7) Deputy Sheriff ································-···························-·-·······-·-·····-·····-···········} BL ....Of fie er ...Gifford M. L. noover; •••••••••••••••··•••• .. Joseph.;_ ...9 ) ......Dr .•...F .•L •..._Byers ; ... 10 ·····················--·· v Emory ..Shif f.let t ····················-•················ ····························-···································-···· to appear before l:·oJ@udge of the Circuit Court of Rock.ingham County, at the Court . C(~ House thereof, at . o'clock, a. m., on the ....L8t.hday of.. ........N.QY.~m.1?.~~ ..._...._, 19 .._~5, to testify and the truth to say in behalf of the Commonwealth ·····················-······-··············· FRED .. against ······-·······-················· GILB ..RT...SHIFFLETT ..................................................... . who stands charged with and indicted for a felony TJl::S ♦MAA&♦ And this you shall not omit under penalty. And have then and there this Writ. Witness, J:- flflEl~~,H.xjlxfit.x(hobnfJ,coo:1t~:;(';Q~, at the Court House, the .-9th._ ..day of ......NO.Y.e.mb~.:r ........-.., 19.5-5..., and in oft e Comma THE SEJ.VJCE PRESS, HAR.IUSONBlJRG 0 VA. �~ 6 fg ?i •.. 0::: E-i fg ~ 0 c!) ~·1 0 :z H ~- f=-1 1--l H ril .:C l:i z ril rd f ~\ tr: µ:) V \ zH ~·1 ·o "":;! ::r: c..., ~-. • ·-1'::'.1 • ':;)i e--< Ii, ~ .....,~: 0~ ~ 0 ·" ~~.-1 '!') Q ~ s:~ ~ co ri:1 I ~I ~~,..., ~!_z -.!.i Q ~'.,,. µ:1 Cl &--1 :;-::; Ci] bo...,.rti ~ ,..:: O ~ :t:• ·---i I.I t~ # .-t: ~ t ~ ~2! ~ .j L i' t1' _j ~ ... ~ 0-~ ~"' ' ~ ................ ~.;. , (_ , ' ~ \ I( ~ ~ 0 ••••'-'• A. L STP J\J~fO,J:R ..... bis u~l it 1 ~ ~ ~ a: ,-4 lJ .. < >a..~~~ 1,~ ~. \) "" r.z ;.. :::, -.t ~L.I.J~o it.; \;) '"'!t- \.. -~ • • (..) "f,... :;:.~ 0 ~ t:- 0 W7 • - ...... - . ~- :i. -l.~:;., . ,_-~-d~\~-~ - /~x-::: ~ ~.c,o~ o..::S ~ ~CJ ·')1 fal ,-tr- \ ,\:• '? '~OCJ ~(:5,#-~~~~ ~• ,, .• ;(~.~~ \~\ - I -----· .lh.:r..t.i!s. ..B.f>lQa/n.a.)1 .. to_}J_r._}/J~t?':.(_(l..~ ....O..Q.Mi.i.Y.t~:'h //:.f P..::.£_~-: ..................... by deli~ering' Not lindfog_____ .'.J.'.~-'--~-~--"..~ __ .Q-..fil~---•t pJace of aborfo, Executed ......... ·- !\ ;_,ai ,f~, ..... t_,;, ~:1a;;..tthi,nrnf ~-••;..-1, •-~&/.lJ;J&~L .., .""' .. a••,.: J3.~:,~.ma:n, b.h '. tn' T:'1'n· of .. .\,, ,o,~ou, "' .,;,_/j,r;, true copy of this.5 •.V..YY)..1-\t\. ..O..~. _l-e.:r......h..us ..b.~ ····--· usual phce of al~ a~R'.f._. __M~~Ci,d, .. his family ul::,v0 h a.-...: of 16 y ::;.-i, , i::.J to her. - e.1 D.::putv Sh •• r,L .. �TRIAL JUSTICE COURT Criminal Docket N<.>19129 A f I Com'th V. f.tW• Appearance Date / t!d::;;;:.l C> - .5 - ~_,/r, <T----•d"'"" ..$JnA' ;".R.f•4' Trial Date Indicted by Grand Jury of October Term 1955. and case disposed ��YI\ ·~11neH::>NA1 ·o:> ,,3& 'cl ... 6581 03HS11BYl.S3 ��........... -.. "' . ... .... ....-.... , Comp. Form . . ... - -..... ., ...- .,,.... ..,........... . _..,.._,,_,. 18-A No. ______ To-Wit: TO ANY SHERIFF Whereas, OR _ ICER: ~ -----,<-1------'--l#---l _.., -'dl-+l'f----..+~-- on oath before me, These are. therefor \D-~,__,._m,..a""n~n Trial Justice Court of t the name of the Commonwealth, to apprehend and bring before the Co nty, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon as witnesses. Given under my hand and seal, this color ____ Address ---------------□ color Address ---------------□ color Address -----------------□ color ____ Address ---------------□ color Address ----------·----□ �STATE OF VIRGINIA-COUNTY 1, ___________________ 0----------------------, a Trial J uatice to-wit: in and for the County aforesaid, State of Virginia, do certify Justice of the Peace that -----------------------------------------------------as his sure ___ and-------------------------. to the Commonwealth of Viriinia _ have this day each acknowledied themselves indebted Dollars in the sum of ----------------------------------- ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth , ________ be rendered, yet upon this condition: That the said._________________ _, County, on the ________ of--------------------- shall appear before the to . Circui.t Court Trial Justice , 12....__, day o._ _____________ at -----M., at~-------,,--,----,,-,-----• Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the fu"rther condition that the said-------------------from the date hereof. shall kel'p the peace and be of good behavior for a period o,,_________ Given under my hand, this,________ day of _______________ _ 19__ days _ --------------T. ~ n 0 .. ,. ~ 'Tl s· ('I "' E p.. H 0 I--+, I k~ ~ I p.. ...,. 0 ct o' (D ('.:::: 'i 0 c+ 'i c:; ?.: ~ ;.., p, t-' ('._, . 0 .., 0 E '.:! :, ('I "'"3 0 3 3 0 E. :,::: n0 rn "' "' ~ ;. ~ 0 ... ::s 3 3 0 ::s s· JQ ~ s ('I rn s ('I rn rn ->,., ;:; ::, 0. ,., :, ('I ._ ~ "1'j n;;- a:: ... > ... ... ;;,., :,;IJq ('I ('I ..,. ('I tll ~ ~ j;;i' ::, s= z rs: 0 ::s 0 ... 0 z :E trj :r ('I > t"" ;. s· ,,::r... >-3 ::x: !' ::n p. ::s :r ('I C 0. ,., 0. '< 'O 0... ('I < :;· s· F. F' < :;· ~::s ,., ::, ~ '< ..... tll s ,., ,,, ,., .., r::r ,.. IJq 'O 'O ~ 0 .., 8. 0 ('I ;. 0. "' rn "' ('I .., ... "' '< (") 0 (/l >-3 (/l En a:: '-4~· C ~ 0 :, ;;· ~ ~ ' .. ::--- 0 0 0 " ~ 0 §_ :, IJq ~- s.,, n0 ~ Q. .., ::r ('I .... ~\ ~ ::;: ('I ;. - ~ Ill ... 0. >-3 0 ('I - trj (") ::s .., ,., :, ('I ,., :E ,., .., X 3 p.. I (") >< .... ...,. ~ .. s· .. 5· (D (/l C t:, 0 ('I Cil Ill (J) :r r, p.. n0 ::s p ~ -iv 0 !. 'v'l.~ ~ < !" C: P,.'O 'i '-C i;:: \Jl. ~ ('I 0 I ~ ~ c+ 0 G) c+ p, '~t ~ I en c:> '~t ~ r, r, C 0 C ~ .. 'C t3 ]., }. P. ('I "' "' ... ::: ... "' 0 ... ,., -C .... ..::, j n 0 ('I ('I 0 IJq C ::, g Q. ::s ;;;· ,.. �Docket No. ,$ oa~ COMMONWEALTH of VIRGINIA ) vs. ) ) Felony (murder) INDI C1'MENT .FREDGILBERTSRIFPLETT - Charles ---------------P• Own 1955 Oct. 17. A. Hammer (x ) Appointed Return d. ( ) of Grand jury. Arraigned; plea n.g. set for Nov. 18. ~ --1-;::(o and ~ / --f_,J..... CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co,, Phila,, Pa. �Docket No. I ;-JI~ y ?'1-,V 1 ~~ ~ ~o.f:l . .~ 10C1 COMMONWEALTH of VIRGINIA ) ) ) vs. C.//t~M,lh'~ 1 ~~ %· ~ ~ df~, IO. I I. I y. 1.JtiS a.~ 1. ~~~ <);r~#~ 9, 4w FRED GILBERTSHIEEL~TT ~ 7( J"~ I >r· ;J7J~ML ~ t?. ~-'?. //J, 1'4,4t, ~du- Felony murder J INDICTM.i'.:NT Charles :ii:: A. Hanu~er--H.M.we ver (x ) Own Appointed ( p. d. ) " ~ 0:, "l'1:, .. "0 '0 1955 Oct. 17. .. e: f "d !' __!-;vi Arraigned, plea n.g. and set for Nov. 18. __!-,;; C') ? "d Heturn of Gr2nd Jury. 1..-.1r r7~· >'-<:,'. rt'Y "1 _ ~i~~,vj7.;o ~-If-~~/ /flu. P's,~~.>'-. ~ i~-,ffo~-~ ~-'P~-tl.~~?t;J~ ~- ~ . .50, -/.::+,,~.~d• ~t:. ~ ~- -~~ ~~ .,_~ ~jl-· CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. �� 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/. Title A name given to the resource Commonwealth v Fred Gilbert Shifflett Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1955 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_005 Shifflett https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_006_commonwealth-v-galen-garber.pdf 29f0cb73951dc3bb5010f8340efbb2d0 PDF Text Text - ---c.:EE murder �/ < ) " I / ( _,. ( -') I Z7 , ~ r·- Q) IL I I .,' . �Jt,/w/ !/~~ ..~ / ~/ J/41.,, !J~3 ~ ~~ ~ ~ ~ (~.) / ~ 4-u/~;_,<R-?-:; 12$71/4.. 6) _:._ =-=-,, o.T~~.Pnf6~u~ - /,2,:2-- a. P.¢hkP (1.-) ~ -~ ~c~ (i) ~ ~. '~ (✓) ~ - ~~ ·- (~~~~~) ~7 ~£-2[.f'?,:>.J. ( ;/~ZD a/' ~~ (.~~~~ &"->J - 67/ - ~) • JI~~ ~.,., .2 ~ ~CJ~ ~ ;M~ ~}n-7 ~ ~ ~>;; ~¥1 //ei_. (~92J..,.a9-F-~o/h) ~ - ~.,z;:1~' :r~ I.~ -. ~- ~~~) (~It &~~_; ~ •• - j �t �• in rt 1 cl d JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA, ill rovocati b lful, d li ccu d. VO d Ch i ht h j r v ry or th t ch OS up ct rd, t y t rb int J.l r, , rt y th t if wi killin it h yo to d t r onwe t l �1 3q12 WAJ .AV .S'i 23MAL TA Ylll1110 'rA ,.:>RUS:M02!Rn.,,H �~-~~~~- (;)~ ~ ~ ~~ti-~- ~~~~~~/~~ {~) ~ ~ ~- f~~· ~~ • ~//~ ~~ ~~ �... + ��__, .................. �__7!L(11 (I) c~ L~~ -~ oL-~ ~~~~- Va.k..~ ~ (j) R~ (?)~~~ /4> ~ ~6-~ ~i ~ ~/ ��J--- ��~~~~~~~~ ~✓b~/~~~~~~ ~~ ' ~~ ~~~~~~ ~~ ~~~~ ~d-~ ~ ~~- ,/~/~~~~~ ~~/~ ~ ~~ /.£<¾?/-z ~~ ~~~~~_b~~~~ ~- ' ����w~):r~ ~""~ v{.i)~~~ ✓@ f~ ~~/ ;t' ~~~~ vev~~~d,- /'•~/✓~...... ✓~~/~ ~✓ (i) ~~·a,, .t~~~~ V(2~ ~l /,e'~ "~,,,!C?ef as ✓ (1) f~~ /'- �\ �F/J4~d~ 4,. Ctlf/4-/4 / (7--) -,, ,-,p,- ~~ ~ ~ ~~7 ~~~~~ ~~$~- p ~ J. ~ - ~✓~p ~ ,,~ ~ ~ ~ ~~ ~ ~~~ .J< ~ ,.,. ~ ~ ~✓ ~ ~-;:;-- --7 ~ ~ ~?/~ ~ ~~~ ~ ~ ~ ((~/U'/ -~? r(~ ~=<;i:k..,. • ~ ~ ~ L /? Id/~/ ~~-~~~~ ~~-~~ - ;/ - ;,- ��~/~- ~~~~~~ ~-- ~~~~~o/~~~ ~~#~- ~✓~~ ~ ~ ~~-h? ~2t /0~ /1~ ~~ ~~-- ✓~:ff~ ~y~ ~ 4 ✓1_~ ~~} ✓ ~~ E/ ~y-~~~,1/ ✓-✓ dh, ,,,~ ¥ /4/ ~ ~,., r/7~ - ~ ~ .a,o,-, ft'~~ ~ ~ ---=-c~~~r~~f -~~ ,.,,_.!:',. C::.--- ~ ~ ,~$¥; - ~ ·fesa<Zh,:7~ - ~ 2 ~A C '"- ����y n is I am 23 ye rs of alen Garber. My a dres is Sing r Gl n, V . g. nle s told th t I no k this t t I desir ; that v ryt I ay mu t b of my o freewill, t ything I y can b and will be use in c rosecution. lso been tol ht I en tl o co sel. N verthel , I do m ke the follo•ing st t t un rily this 27th day of July, 1961, in onburg, offic of C onwealth's Atton1ey Court irginia, ·nth pr s nc of C t. 's • Sip nd Deputy Sh riff T L. I h This orning, July 27, 1961, I hot an killed my bot er, Charl s Hollar. Both of us tayin with our ther essi Richards, an our step-fa th r, ichards, on th ..roperty owned by Erl Funk which i located bout 2 miles sou·hw st of Singers Glen in ockin h County, Va. y st pf th r works part of th t• f r Mr. Funk an Mr. unk let u t y th re in a house part of the wag This o about 7 a. . brother, Ch rl s H llar., and mys lf go ument over food that we h d bo ~ had ate d which t tot out i woods while w de W go ument in th h ad my mot r i ing to fi ht to go outside th hou d got int We fou ht for ,....,....... t upt ir 1 ot s to mys o I time I wen • t the gun, stair nt g-room. , Ch rle g standing in ay betw en g roo r 1 ·o a di t c £ et -1=r ime h tion • --=,l~t-=-o=;---===-;:-==-=--=.:;;.;...,,::..::.;:..:;...:.=.....-=-=~;=:_ r ot arted co as hit t .12 uge e d ed st t tem nt ha b Th bov and correc tated ther in ar tru I / I JAMES ATTOR~h /t I SIPE AT LAW HARRISONBURG, VA. WIT SS: r to , and th f cts to the b st of my wl dge. �• rJ J: •• a•ua WA.J ,AV .fl TA a3MAL Y31'1>lOTTA ,.>'1U8,!0i!l'1AAH �I • I COMMONWEALTH v. GALENG BER INSTRUCTION The Court instructs the jury that accidental killing is not a crime, unless the accused in causing such dea~h is so grossly call and culpably negligent us disregard is involuntary for human life, manslaughter. as to indicate a in which event the crime �.tl! l l: 1.lI tx �COIDIONWE.AL 1'II v. GALENGAl: E.t( INST UCTION The Court instructs has established the defense not evidence, the jury that a prim.a facie of accident, beyond a reasonable a :reasonable where the Commonwealth case and the accused relies upon the burden is upon him to prove it, doubt, but by such evidence, dence is considered, - create ~or by a preponderance as will, and leave doubt as to the guilt of' the when the whole evi- in the mind of the jury of the accused. �.. �CO ONvEALTU v. GALEN GARBEl INST UCTION The Court instructs tain a reasonable find him not rtuilty, find that the jury that if they should doubt as to the accused's the accident although guild enter- they should they jury might not be able to ,~as fully proven .. ��COMMONWEALTH v. GARBER INSTRUCTION --- The Court inatructs from the evidence the discharge the accused, him, and that culpable fault the deceased of a shotgun or while was not maliciously the deceased that the jury that in his possession, or intentionally facts LAW OFFICES HARRISONBURG, VA. death from on the part but which shotgun pointed or voluntarily were accidental the duty of the jury to find D. WAMPLER EARMAN came to his at the time in the hands of by the accused, these if they believe of the accused, the accused or aimed at discharged by and without that then it not guiltyo is �I,. ... j -'- u cs e. .c ,J ,, ' iJ <.,- ~J L J I •• I u. '.(I j 0 ~ ~J".tA_[{ ~J ( f"-l--V -vur q l..,___,. u.-!- < ... '-" t.. i.:,J'...l'" Uu .... u- ~ ..., C c. u ( [ i..... _._.., J lo ,..,, C ::.. . "l ,:_ - L,. ;:, j·1 .0 .,_ \) [ ....._.,. ( u - ( (J ' 0 ..., , ( I • j- :., ~ s_r ;:,lr j" L L, u-• j 1 .J. ' Oi..... ":.J!.JJ.., '- ( j" '"''.[ !) :... J.. .d" ~1 u-~ j· f o ....~J..l L,~ ·c; ~ ',.C !) '..) L~-~ 'f)..._ -.,_ !.lf C lt . S· ·'- _t - l. ll. orlJ..,_ u.L. J.. v '..) ,0 ~ ' ~ , ~ ,: _f'_ c,l1 !) f V �CO ONvEALTH V• GALEN GAI E INST UCTION..2::_ The Court instructs to be innocent this the that ccused is presUiiled of tho crime with which he is charged presumption the trial. the jury follows By his every essential ple of "not guilty" the Commonwealth the burden of proving and the accused's every sta the ace ised o,: the inc ict allegation crimed charged throughout the accused and that e of has denied ent and has put upon every element of the uilt beyonc every reasonable is ot a mere form to be dis- doubt. This presumption regarded of innocence by you at pleasure part of the law of the lan(, full benefit t e accuse this is not sufficient feel that committed that the but to warrant guilty nor is it or more the conviction must be proved so clearly theory while you may be suspicious the crime with which he is charged, to convict he is probably reasonable and binoing and you must give the accused instructed that guilt is an essential of such presUlilptinn. You are further guilty, ut it consistent that sufficient itely of this there guilty than not accused, remains with the evidence if you his not one upon which he can be innocent. This burden, shift as so imposed on the Commonwalth, but remains throughout the entire under no requirement to prove or establish if after the evidence considering doubt of the accused's such doubt and find guilt, trial. The accused his innocence, you entertain you must give hi him not guilty. does not is and, a reasonable the benefit of �I ( 1".i :t t d �ALTH INT The Court instructs case is a mere ace\tSation is not, no juror of itself, shoul UCTION ) ~ the jury that he indict or charge against the accused, any evidence of the accused•s pend t himself ont in this to be influenced accused because or on account of the indictment and nuilt; and against the in this case. ��CO ONWEALTH v. GARBER INSTRUCTION __ The Court instructs killing the jury that the defense of accidental of the dee ased goes to the very git denies all criminal the entire burden of proving criminal doubt. T erefore, and killed intent, ccused not guilty guilty manslaughter. ound him, you must find the ~he-jury that if the evidence raises in th minds of the jury doubt as to whether the accused killed Holl r intentionally prisoner instructs case, taken all to ether, a reasonable that such shooting ~ - of The Court further or Co onwealth that the accus d shot the d ceased, y t unless you believe to kill and int nt beyond a reasonabl although you may believ was don intentionally int and throws upon th of the charg or accidentally, Charles they should not find th of a high r offense than that of involuntary ��COMMONWEALTH v. GALEN GARBER - INSTRUCTION The Court instructs the jury th t there burden upon the accused in a crimin l ca e to is never a rove his defense or to dis rove the ca e for the CormnonwealthoUnder the law of this very material all land, the Commonwealthmust allegation contained rove each and in the charge beyond rea on ble doubt, and if the evidence on behalf of the accused or the Commonwealth raises to any mat rial allegation a reaso able doubt as in the charge, then you must find the accused not guilty. The Court further instructs the evidence to be susceptible one of which is consistent the jury that if you believe to two rea onable interpretations, with the innocence of the then you must adopt the interpretation and find the accused not guilty. most favorable ccused, to him �• j I.I ru: b J;: j .t j j£l .r j 'j �COMMONWEALTH v. GALE G B - INSTRUCTION The Court instructs a criminal the jury that upon the trial ca e by a jury the law cont mplates the con- currence of twelve minds in the conclu ion of guilt a conviction sati can be had. Each individu fied beyond a reasonable verdict of guilty. resting u on him a re lize that to a verdict of of the jury, after case, and after not.to of the consent to a should feel the responsibility a member of the jury, and should his own mind must be convinced beyond a reasonable doubt of the guilt set forth Each juror before 1 juror mu t be doubt of the guilt accused bef re he can, under his oath, entertain of of the accused before he can consent uilty. Therefore, having duly considered consultation uch reasonable doubt of the accused's different guilt should as is of the Court, it is his duty his own convictions of the jury entertain member the evidence in this with his fellow juror, in other instructions surrender if any individual simply because the balance convictions. �• �COMMONWEALTH v. GARBER INSTRUCTION The Court instructs believe the accused the indictment accused lesser offense; guilty him guilty LAW OFFICES HARRISONBURG, VA. or involuntary doubt as to whether of voluntaay manslaughter, manslaughter; if you have a reasonable manslaughter, of the doubt of second degree he is manslaughter, manslaughter; doubt as to whether he is guilty of involuntary of involuntary D. WAMPLER EARMAN him guilty of second degree murder or of voluntary manslaughter guiltyo you should give the degree murder or second him guilty if you have a reasonable have a reasonable you that of first in doubt as to If you have a reasonable you should find you should find guilty he is guilty, of such doubt and find he is guilty charged but have a reasonable for instance: degree murder, even though you should of one of the offenses case, offenses the benefit as to whether murder; guilty in this which one of said the jury that if you of Yoluntary you should find and the Court further doubt whether you should find him tells he is guilty the accused not �• V -, ·r 0. .L. .L J. l j j r L. lJ.. b. .() j' 0 l J.. .~ 0 C. JLUJ £., f Lo"" 1 .... , ·o t el o ..c .ulov .. ..L ·•{.'I. ji ! lo'I ...,L[..,J ,1.' JL.! r'I J··1· j'J.. 0~ ~~- '.):J 0 Ch. - '~ • r 0 ls .( ~ j < J. !J ' "J.!' ~J'.1. 00° t ( L. :tl_:_.r.., 4- c., V l J.;O I ..L u •. £, j J.; .Cu L [_ ..!'. ·lo ~ ;:, L. : •.i: ,. .L:... ',. ;:,,r_ J. Jc, V . j~ c., -- l. n. ,c., .t'"· .L '.,.L .0 ,:rl_;. .. 0 ( 0 .j", 'i -• V ;._) ·~ 1 ') l, '.£Clj Jl lo ') r r l .(1 .i: 0 C J C ll . .:tl.:.: j .... JJlo1/L: ..., . il . ·0 0 �' I h Court instr bin t p th Jury t c ful vid ju y JAMES AT"fORNEY R. SIPE AT HARRISONBURG, LAW VA. 1 h 11th y t vi nc C • �WA.J ,AV 'TA Y311!10T"rA ,<>IIUS"108Ul!IAl1 �COMMONWEALTH O Resident OFFICE 40""""°8 O Non-resident REPORT OF NORTH ICHMONO VIRGINIA BY -IBDICAL H¢ L L /'t R ."\ Middle - li,9' - IN EXAMIN AGE. ,, I SEX _. --'-- I.ax name 1-t_A_M__ _....f'C~o~c~lf_,_N~£~ ADDRESS _________ 1, 12TH STREET 19. VA. L VESTIGATION (! H,u u: $ DECEDENT OF DEPARTMENT OF HEAL TH OF THE CHIEF MEDICAL EXA M W ~couaty clD OCCUPATION f :---=L ..... ,..._.6..,_c..._..a..,.e:~R~.------ TYPE OF DEATH: In prison O Suspicious LJ--------------------------_,.,.. swpected Sudden in apparent health : Unattended by a physician: Instantaneo s without obvious cause D Found dead without obvious cause D After unexplained coma Unattended during fatal illness D □ After unexplained rapidly fatal illness O Stillbirth attended by midwife □ D Violent or Unnatural ~ Unusual r DAff TIMI: LMTIUN M.IVI'. INJURYOR !LI.HESS 'P-~')-1. '1- 1:~o I ,.,_(. , DEATH 'J - BY: ~€~•· ~F ~ 1- MEDICAL.EXAMINER NOTIFIED ~ '1-t. '1- (r, I 8 'f:~oAI\"\, 1\ -2.o ~- rri. A,rn. NOTIFICATION ~ l N6-H DI.Ant ., , IOOY Ill' VI~ MllOICALUAMlllllt ., I Cl.OTHllO w' NOSE I MOUTH I E EARS 0 IURN LEl'fGTH ~ UA. DL ,• D E "' r. f:. _ I UYOR D ARMS 0 D D CHEST 0 0 INCISED D BACK D ABDOMEN0 LEGS 0 FRACTURE D OPAt:ITIES. ETC. WEIGHT B,, RIOOA LACERATION0 I BODYHEAT: ... ·--rl NECK GUNSHOT " 0 l"EDUTRtM 0 JAW OTH[" IYU: CM 0 PAIUNOtR 0 IIMD watw,e11,) DRIVEII I ,, l IJ, 0 I', /V'l, NON FATAL WOUNDS ASRASION (lw.'ln. _,_ ,,J ,, 0 L .;a_'1 He T6u IF MOTOR VIHICLI ACCIDaff CHECKOIi« CWntE ,OUOWUIIQ •• CONTUSION 0 STAB PUPILS: R- ,. . tTl . '< ~ A~ fROTH ____ M.OOOr= CIRCUMCIKD0 1- I 614--u..~C. TYPE OF PRtMIUI (L 0., HOSPITAL,HOTtl.. HIGHWAY, ETC.) PAIITI.YCLOTHED O HAI• '4USTACHll ~ POUCI. NOTIFl[D ADDRESS~R hl Roe.. K; '-UNCL.OTHto g '.3 0 CITY OR COUNTY NUURYOR ONKT Of 11.LNDI DUCtllPTION OF IODY 1-~'7-'9 I 4, l"f'I. A.L. S'Tll.-.wPf1tf"i• LOCATION VIEW OF IOOY Means: ,~ COLOR AJlfTDIIOII □ POITUIIOR□ LATIIIM. □ ftEQIOfllM. u !SCALP O FACE NECK O CHEST 0 DISTRIBUTION: IACK D ABDOMENC ARMS D LEGS □ FATA+, WOUNDS: TY1'I(QUNIHOT,INCIHO, STAL ETC.) SIZE Probable ca11seof death: 41-E,n O R ~ ~A4.-£.. A\ ~fiSuLi" oF' ":>~oT~u. rl WOu.rl I) SHAPE LOCATION Mam er uf dcutl,: (C/11d, , . . , cr1rlt'11l Natu1al D O D U11k11,1\11 0 Su1n<le 1111 PLANE. LINE OR DIIIIICTION 01, .,.) . __/ DIS '0S1TIU .• OF CASE: l 'nt a me<lical e.·aminer ca e l [01111rnlelM 2 Autop~v authorized P nchng O Uy: -------------- 0 O Pathologist Dau: C,r, or Cow,t)· of Ape><>inunen, lCal £umiou 18988 ����- .,, 7 I --------- ,,,,,,; ~ ---?'.r:./7 ,n,~ ~'7 /' l " I I r ) ,,, , , /,/ / • jx<' ��Comp. Form 18 l STATE OF VIRGINIA COUNTY OF_~~~=="--------- 1/fO ANY SHERIFF No.,_____ To-Wit: _ OR POLICE OFFICER: of the said tha.________________ _ These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be . ; further dealt with according to law. And you are also directed to summon: color Address -----------------1 color Address color Address ___________ color Address __________ color Address ---------------- □ --□ _ _ ---□ --□ as witnesses. ~~~,______ Given under my hand and seal, this,_ __:;;_J7+...:tl1,.,~-1-----'day of_______ (Titll ~:i:tz7 ot Issuing Officer) _.,,,,..,:__, 19_q_ (Seal) �STATE OF-------------------, OF VIRGINIA-COUNTY a I. • ------------------ to-wit: Judge of me County Court Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that and ---------------------------, to the Commonwealth ($________ as his sure~----, of Virginia have this day each acknowledged themselves indebted Dollars in the sum of------------------------------------- ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: land5, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court County day of _____________ ___, 19___ , That the said ____________________ County, on the _________ of at _______ M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that ___________ days the said --------------------shall keep the peace and be of good behavior for a period of from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this ________ day of _________________ , 19___ _ Judge. J. P. ;. ,. ..., t'rj I>,) ,.Ei" ,. X 'Tj (") 0 ~ c:: s. ,. (")'O (") 0 ,.~::, i:i. .. (J) ~ ~ < (") !" i:i. ;. ,.:r ,. .;;· n > ;. ,. ~ t:, 0 ~ ::cl 3 ~ ~ n l"'.l ..., 0 0 a:: p > ::cl ~ s· o· ::, > 0 z..., a:: z g, 'Tj .. I>,) ;. ,. ::cl t'rj Ul z l"'.l > t"' ..., ..., :x: ~- ;. 5· (") :r I>,) ., Oq _,. .... :::r, ::, i:i. .., 0 E :::1 ::s ,. ..., .. ~ .. 0 ~ (J) (J) n Ul 3 30 3 3 0 s,. ,. s· > ,. I>,) i:i. I>,) 0 0 ,. I>,) Q.. -ffl -0 ::s ~ ~ ;. ~ ::, Oq ~ ?: ,.s s ... ,. ::, ,. (J) (J) '-' (J) .. "' ::, ::s n ~ ,.'Tj,. n ii" ., :,;- ii:: ii" I>,) ,. Oq )> ., ,.., ~ ~ -""3 ., E <: ., I>,) ., C i:i. i5. ,. '< ., I>,) a ,. -0 ::, ~ ::, i:i. I>,) g, '< to < ::;· Oq ji" F' ~ ~ 5· s < ::;· s· Oq I>,) -0 -0 ,. ... ,.0-..... ,.0-. ..., ;. ,. ,.:r I>,) ..... ... (J) ..... g_ '< n 0 ~ 0fl} ~o = ... s· r:, g ~ Oq fl} :;t ;:.· ~- s ,. ,. (J) (J) n 0 (J) ..=., ,.,.... ~ ., .... n 0 ~ (") 0 C l ::, g (") 0 Oq ::, ;:;· ,. i:i. �•d r .. wheth r or not of pr uilt in h Common t, th t ot ov OU ing. d i doubt, doubt not to u ry inabl, In ·d r ti th to ich or , n r yo jury y ct ho d cone l ft C al b b f, oft cu ruth of th d ci uilt tanc 0 of doubt top of t cu V Dt d, th bu de. imp rti , yo in doubt. y or fr t st uilt ch and 1 y dou t t of b 11 f of vine oth r r 1n m· d th on t consid il d to h to fi d nond ch c t 0 i.ng If, , your t th t, pro , on bl ctin articul ch r UC vi C i 1 tot OU t uc v d nee, 0 proo b ou go urth ib videnc " nor c r po cy of th is of i with 1 pon t ust r ord fort V ry tit of jury o r ltl 1 r l ve t n ,t f by d • �"% J: . jd ob sJdsn .AV ,3HUBM021RRAH �• G B Cur T instru of pp te tif int lig nc or ATTORNEY R. SIPE AT HARRlSONBURG, LAW VA. so or th k p f her sult t y it er s et t 1· h e hip o th it s r, an y t e tri t iv ' ·ot re t ng ci c ri ht to 0 of th ·r rel t·on t s, .f trial, f th ir d f irne r lativ ly ht of ty ry; tenc d c n of t th b opa ent can o s d to JAMES r ess 1 tand th~ r urround ly C ODY: witn C r ing test a ju y th t t h tio h n t s are 11 l, th r y such t ur y of y �• 6 3"11a .fl WA.J .AV TA e3MAL Yl!H>!OTTA ,OffU8HOall1ffAH �I Co rt in t r d r t: t . rd y 1 .n ~ in J. 0 1.lL' il by anoth r th l t ut :iy b .. -= on of s int tion in lie-, e rovoc ti p ~ . I\ l ct; or, i JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. ful t. �\ WAJ ,AV TA Y:SIUIOTTA ,li>RUl!IHOc!l>IRAl-1 �v. y 0 , yo in t th with t O ill d gre nit x hi I you d ix unishm•n b t tit ill find . uilty nor t • , p nit nt • , u y o ti or ry or for y for th ir t b t th t kill ac v im uilty atio, of 1 or or in 1 u ry penit t t rd r o rt on bl r or not gui ty of murd r in th th d r fir , nor of v ot 1 t ry fi d h f ot • you find h , no you ill VA. l ce at co fin 8 slau h LAW ty y r. urd r in th n t urd r nd I AT of on out lest HARRISONBURG, fin l·ul, him not u C R. SIPE t ot le not him , ArroRNEY d h tat Ch rl s JAMES t r ree, no· of nit lib th w puni I de r h, or by c e r, bi s th p or or r C rd r in 0 d th t th not les ix t ur find h yo , ten g i t f nd urd r s wilful, tit or li • , or for nt1. r thought, d t gt, o t th fiv y , or, �3"118 .R 83MAl WAJ .AV TA Y31'1SIOT7A ,;>SIUBl-!OetR>!AH �in your 1 er tio, by a fin d 11 rs, y t oth JAMES ATTORNEY R. SIPE A.T LAW HARRISONBURG, VA. ot o j il g C XC t OU in y d r , .. yo or. o ind h , yo i 1 y 0 no r �0 .[ rl 3C'fla WA.J .AV .fl 83MAL TA Y!ll1>1OTTA .~HUSH021RflAH �I I ( j v. G ER IO Th Cu fir t degr instruc i y w lful, ill ·ng of on h bin d r in th e b 0 deliber bein io try o one h cuti erfo JAMES ATTORNEY R. SI~ AT LiW HARRISONBURG. \ YA.\ \ \ by ec t and pr it otb r with d d re i lice~ the 1 c, t ilful tillin but wit o t y dit tion. manslau ht r i t e int ntion 1 kill. g t s Invol killing rder int being by anoth r tl.thout m s dden o deliber by another with and pre t the j ry t ry mansl ughter of y t o unl c of cus ful ct; 1 ful ct. or, in i tenti bil h n er ~ed in th in lly n 1 pros li t �\ .[ a_q1a .~ 2.3MAL / W~.J TA ' :/ ,..,J Y3ill'IOTTA ,;,Hua1o1oe11111AH �I r ruct· t • 1, i t 0 C ' t r r u r ' i r t 111 y tion •t 0 JAMES ATTORNEY R. SIPE AT HARRlSONBURG, LAW VA. b 1 or 0 t y t r 0 V 0 ly. ') �., . II . 3"118 .S'I 83MAL WAJ .AV TA Y!HtllOTTA ,.>!lU8110al!l!lAH �, i o r o b r y it: ockin l: h to .. ty, , 1961 lt" o! 0 irgini, d ty 0 Ii: y, upo d y , 19 1, urder d 1th d Up t • L. , • t JAMES R. SIPE ATTORNEY HARRISONBURG. AT LAW VA. r to V V r 1 , urt • �J: 3912 WAJ .AV .S'I e3MAL TA Y311>10TTA ,.>.HUSJII081H51AH � 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/. Title A name given to the resource Commonwealth v Galen Garber Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1961 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_006 Garber https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_024_commonwealth-v-garland-suttle-aka-william-bennett.pdf 09e61c2d1d84c21d8c6f982387f2f532 PDF Text Text SUTTIE~ i_J"'.~ - ...lias -:;illiam Bennett [:,JB] statutory rape ��~ /i4;i f./4~//,lq, ~<z.'1£t&t ~ ~ ) ~ c~a ~ /42.f t~,6 ~ / ��y 109 1962 Miss Martha Bell Conway Secretary of the Commonwealth Zfice of the S~q;:.tar, of the Commonwealth Richmond 12 11 Virginia j Dear Miu Conway: Garland Suttle, alias William Bennett 9 is charged with statutory rape in Rockingham Count and is now in custody 0£ and being held by the po:..ice b1 Cleveland, Oh:lo. Tl ..y have info11n .d me that the accused has signed a waiver of xtradition e.1d that we may t ke him Ulto custody at any time. I ~10uld like a travel order for Deputy Sheriff T. L. Ma-rtin and gu zed, of Rockingham County., v~rgini • in order th c we m y pick the 1c:: us d up in Cl ..eland., Obio, and retu:i.-n him for trial he e in Rockingham County. Thank you for your cooperation in this matter. Very tr·ly yours, James Ro Sipe Commonwealth's Attorney JRS/sfd ��v. StrrTLE CHARGETO JUi~ , If you find in th d indic nt, y th, or by c t~ fin not 1 s If you f more. th accus d gu, 1 y of rap, th ill y d fix his p 80 tin th i fiv (5) y r . him not guilty, t a ch red i t ry for life, you will y so t or fo • no �C �COMMONWEALTH v. SUTTLE INSTRUCTION __ The Court is just as legal provided character guilt ,, ) I that instructs the jury and may be just the attending and force of the accused circumstantial as effective circumstances as to satisfy that as direct proven doubt. evidence, are of such the minds of the jury beyond reasonable evidence of the ��v. SUTTL INS UCT The C • t in tructs i ju t as le 1 and may b jut pr vided that t ch r cte fore to s cu b yond r ilt o th th attendi g circ jury th t C £fee iv s t ce a direct pr ven are of he min s n b rcum tant_ 1 vide c 0 oubt. the jury vidence, uch o.t: h �.v 3..ITTU8 ___ .OIT:>tfJJT8Hl :>a C>J:vals..t:taa3amu:,-xlo:tad:I TJ:Ut ed3 a:s :r:tan.t :t-:ruo3 sdt .a~ae lve ~el d~ua o aa •vl:l~ei!• a as ,aut vo:rq •s~aa~aau~:rl~ d t• b Iaa•I aa jut al albae33a etb ~adl beblvnq 'ft#Dftliflo .:iduob .ldaaoe•T not• bea :>:>a•· :tllu �v .. SUTTLE STRUCTIO____ Th Cour is just lg d pr vided that t of th t u the jury yon h ff y b jut ttending char cter ilt instructs circ cs circum t t·ve as d rect prov n ar sat r t of 1 v d c v· uch ry o • h s bl o bt. nc, �• �-- ...------- ~ SUTTLE NSTRUCTI. The Col1rt J..nstructs evidence beyonhad sexual Linda }! int . uilty that if- you believe witb Linda Ma Waggy, and that t · s at the time of such se.~ual 1ntercou1· ge o fourteen re a dless of (14) yeas, .-1hether or not force cord ce with th c fems.le said was used by him of wbeth r or not ct was don, with or without b r eons .nt, and shall 1.n.mishment 1n "'id you will .!l"ld th in the accompli hnent of such act aud r gardless uch from the re sonable doubt that the aceus d, G rl Su ·t e, reour·· e We.ggy c ild under the accused 4 the jury ch rge to the jury. • his �.,. J: �v. SUTn.E I STRUCTIO____ Tl th evidenc Suttle, hr 1n tructs urt consent, the jury b yon a r asonabl had c owl dg th you shall _ that if doubt t t th of Lin a fin h you b li v fr accus d, Garl y, with or gu lty thout charged in th nd ctment. Tb rt penetration of th to c nstitut c further instruct th jury or 1 owl ge. that th i li htest su fici nt ��v. TrLE Inc id r1n bu~·cn of proving th Court truct :u1 th ther or not gui t of the A r son with 1 w o a not y th In pa jury 1~ c inc fr .• Furth fr lack of roof ntial t , vid of any fter ha i If, d r t viction as of of th t to tru b o a 1 doubt. vid t d doubt, by n ··d nee r sent d o abl inf rence s ch id e ery accu ho in a , you doubt d ubt, risin le doub . 11 of doubt to rev accu , th th t you th • , y u h c r 1 f ct trial of p rt char at t con id rati tat eet its burd th to c th t gui t of th c tri be d and not onable an f of th t th of gu lt. ubt of ad of th uc ch ·g , th timony or from u stion t b c ine. renc • in min otb r hand, after 11 th son- o pro f of th 1 circum taoc a re ich 1 uilty non convinc d beli co:r.nmc)nll.ie 1• ·h o fi.d bould b guilt 1 fr o yon should th ia.1 t o conflicting f o c , V jury h r f ct, the pr I , crum t , fr rticu co c rnin ienc:, su.h evi ence n wor "r do1.bt. n tur 1 ju oubt, th or po si l proved tion to th in an you gob or e inabl t b upon the suffi oust limit of th.:s case, a poss bl iv doubt t t db yo d reasonabl le do bt i is no , c ccu jury that you hould not ov rlook th bl " nor its inabl 1th ha 1 and • - V th n s ti con- fi d 11 �n •' ::J elclaaoaan aoted beau 0 00 r{ 'l' t ,:tdu do :) ..:.t l :, ~l'J9'.!9'l .ad.. rd:m rd lda n 0 .. ut ,,I • o e !) 5 ~ ( vao r> ~o t J: :!I • :I d baa o I.ta :to oo.t3a'Js o:.t UO'(~ a :tduob :, :t 0 :ta:ta al • dou o ,.t.tu C 9 .( :U •00:l 1 ~ ':t l J;:t a :J a :ti £ d ,. . !l �ONWEALTH l'TL IN TRUCTIO__ Th Court in tructs w tn s s s a th jury tbac the c edi ility u tion exelu ively ..;or th appearance of ~he witn ss son the t stifying, y, th ir app rent c t 1 C » wi nesse to know wh r of they witn s to the p rti.s, if any, th ult of tho tria • if any 1D th r surrounding the right circ tan f their pp ring appa nt iny 001:>D'.E'.'C p la iooship t te ti• f th ter st .of th ppe~r, n the tri d from 11 oth l i. the j ry h s to determine which witneoses a.r more worthy of er at is th iv :i cy dor and f irn ss, t er 11 C tb d 1 their manner of t the reason blen ss and con4i t - ·ury; and fr of er dit ~ el ·tiv ccordingly~ weight of y uch testimony and to it �--------------------------------~ • &.mt'U2 lo '(JlJ:lcllbn~ :tad~ ~u efb .-st ~ baa ,T-fut ~ •-':>U"¥:tanl '!IO! ll•v.laulmce aol=taaup a al saaa,a:t eNaea:Jlw ad:t lo a aa'J'Mqqa ed:t IIO "J:led:1:lo ,:oadalaaoo baa ••••Jdaaoaan 1led2 •- •al =-•uqqa 'Z.l:ed:I •• ....a.a ... to t,ldaal::la.lfl ....:t.lw ea ..... ed:t lo :ter.ruol e,b tea et• -:r,rba .t.Ia mn:i boa • 2Mlll9I ,:aa aad u 9d3 , .lal-;r:J ~ :i he-.ro o "(d:t-:rownom ~• 02 aoml:t89:t d ao pl2.aeq..enasa:tlw 1 ..... !..l, l elb .a~l::ta~ -s••···.......... :I c 9• a&a,l.tls;Jr. .a r 9dT eball.28 O •l:t••' t I •:,al ...,.. __, N ,••••Id.Iv eJ:haq ed:J o, aHa•a:tlw la.h:t i l uoauamu!l~lo :2.tuaa-z ed tal aaJ:bouar.ru d:,J:dw 9fl.1:m~•b o:t :tdsl'l ad lo :tdBlllW rvl~a.I,r.r ad:t al :ta .,:Jaa,tnoo:aa ,lino av.& �----------------------------------- ---- v. SUlTL-"' INSTRUCTIO ---·-·- Tb Court instructs ccus d guilty of rane co1.'Tobo:rated testi: er dibil· belief ty of that th a the ·ury that thy charged in may fin he indf.ctment, y of l,inda Mae aggy alone ueb t timony i &CCU d is guilty uf eient to 11 on the if th ·in. you t b y ...d reasonable th doub •• the �&ITTU C ti 3ml l 3: al �v., SUTTLE IN..,TRUC IO. ___ h Cour instructs que tion of th into c sider t commission b C S other • g\.ilt j~ry th tin or innocenc the -l~ 0 bt o~ th of the crim facts th , if _ oft prisoner the same ·' circum ta.nee e determining the cused, you ay tak after th proven> along wi·h all in :vi ce 1n th �,. �COMMONWEALTH v. SUTTLE INSTRUCTION --- The Court instructs from the evidence Garl Suttle, shall the jury beyond a reasonable had carnal find him guilty knowledge as charged that if you believe doubt that the accused, of Linda Mae Waggy, then you in the indictment. ��v.. SUTTLE INSTRUCT! Th fr Garl th Co rt e ide c uttl sh 11 find instruct yond had cam him uilty r jury so ble doubt th t tl 1 knowledge s cbarg th t if you belie th o,: Linda d in t indict ace e Wa y, the nt. ed, y u �' 9Wl11"1 Uot !.t _., ,IINuooa ed2 Mlb aed:t • - .... ,-t ,.,.. -.u ~-,r. eJ••un .. , • .._.., 091w.oaalM11- ....WW ... ,_ �COMMONWEALTl SUTTLE INSTRUCT! The eo~rt in tructs r from th th ju17 t t if you beli v evidence beyon a reasonable doubt th t the accused Carl Suttle, had camal knowledg of Linda ta Wa gy, I shall fi'Pd him guil~y s charged in the indictment. th n y u �do a lI .• �COMMONWEALTH v. SUTTLE, alias BEN ETT INSTRUCT! :r NO. i The Court instructs the jury that in law the accused is presumed ;\ !, to be innocent of the crime with which he is charged and that presumption him throughout every stage of the trial. every essential allegation Moreover of the indictment follows the plea of "not guilty" denies and puts upon the Commonwealth the burden of proving every element of the crime charged and the accused's guilt beyond reasonable doubt. There is no shifting of this burden, Commonwealth his innocence the defense, throughout the whole trial. and if, after considering you entertain as it remains upon the The accused is not required to prove the evidence for the ·Commonwealth a reasonable and doubt of the guilt of the accused from the whole trial it is your duty to, and you must acquit him. You are instructed mere form to be disregarded substantial that the presumption by the jury at pleasure, of innocence is not a but it is an essential and part of the law of the land, and binding on the jury in this case; and it is the duty of the jury to give the defendant the full benefit of this presumption. The Court further probability sufficient of his guilt, however strong, for the greater charge in the indictment, so clearly instructs the jury that mere suspic ion or is not sufficient weight or preponderance but to warrant that the re is no reasonable to convict, nor is it of the evidence supporting his conviction theory consistent his guilt must be proved with the evidence upon which he can be innocent. You are further instructed the that the defendant is not to be �0 rt; .sI n fau nl j.. :> M :> u n.i s t Hl ID "I 1 armo 1 O'I s .atii o :to •u 1 ;tdu s al l n . .i:tq au .e'Iq t 'l t !q m: dt no •rtlbnl Uu1 rl r :tl :t till do'I tU u V .:tn ...::>orud e d o:t j uoY ~ rl rlolrl �prejudiced agent, party. by the inability of the-€0 I I I I guilty nor is he called upon to indicate his own innocence by naming the guilty He rests secure by the Commonwealth 'I Ji to point out any other in the presumption which establishes of innocence until proof is adduced his guilt beyond all reasonable doubt. �..... tii: O • 'I en i . :t D rr ::>a 00'1 d.er o 'I lo s b.ao .sd :t l~ lrl 'I , u; �COMMO E LTH v. SUTTLE, alias BENNETT INST UCTION NO. The Court instructs the jury that before the defendant can be convicted of the ch rge in the indictment. beyond a reasonable --- doubt that ther the Commonw th mu t prove was an actual penetration of the pro ecutrix 's sexual organ by the defendant's to some extent sexual organ. ��\ COMMO WE LT v. SUTTLE. alias BEN ETT INSTRUCTIO The Court instructs by a jury. :r NO. the jury that upon the trial of a criminal the law contemplate a concurrence clusion of guilt before a conviction can be had. respect to the guilt of the accused, degree of the crime. having duly considered his f ello jurors, accus d. or surrender -- Therefore, of twelve minds in the conNot onl his own convictions a reasonable and after consultation instructed to th t is hi as to the guUt or innocence d the guilt or innocence or as to the d and candor w th ch other, the views of their fellows. convictions, ree. duty not to ccused, or ntertain different The jury i further that the jury room is no place for pride of opinion or obstinacy, that it is ..he duty of the jurors to discus with doubt as to the guUt of the to the d gree of guilt, simply because the rest of the jury convictions espect to the if any individual member of the jury .. after of the guUt o the accused, to the degree ·s this true with but is likewise true with all the evidence in this case. should entertain case but the evidence in a spirit of fairness· and with open minds to give careful consideration and, if it can be done without sacrifice agree upon a verdict. Scott v. Commonwealth,. 143, Va. 525 to of conscientiou �I ·,O - !el •:t rl.t tt qu t a,. "IO !>U :i' rd e.rl V ...w:t lo $.:)!I;:;,'!'UJ'" fo tao :to .. tot 'I&dm m -xot rl:t!r, nol U:r la tlrlt io tn edt ot ubtv!bnl 'lL!S 1 , 'IO 9 .ierl bl a rlt Us rlt u rl a td ob ldanoue-i 1:; -:euns"I'lrJ a.a i;tolv o , te "'s.nt ....1 tL -f 1· t.o t t ...oH uoUnel -x9~, :no . fa.Hnsv a noqu es-x .s , noU:.,lvao �COMMONWE LTH v. SUTTLE, alias BENNETT INSTRUCTION The Court instructs cases. the ccused's NO. the jury that in this case, plea of not ilty raises in all criminal a pr eumption of innocence in his favor and plac s on the pros cution the burd n of proving his guilt beyond a r asonable doubt, and not on the accused to prov u. of the witness minds of th therefore, I I I I I consideration s and the circumstances jury a reasonable find him n ot guilty. I upon hims lf innocent. of the whole c shown in evidence, e, the t stimony there exists in the doubt as o the guilt of the accused, they should �l 0 io �Jue P7. - l: - :-wi ag__,y S ·r 'i: l"' isonburg, Dea. H "S. 26, 1g62 ·1~ginia Waggy: Would yo my of..:i es· an .. you1:.· daughte:i: p ease com . to see etimQ Thursday mo~ i~g, ..Tune~8:. :...9'2. Thank youo Very truly James ... yours, we at ��Comp. Form 18 I STATE OF VIRGINIA c:gy~ OF----=--"-'--=--==-=-=:.=.!..L---• '·*o ANY SHERIFF To-Wit: No·--~--- OR POLICE OFFICER: :; (l 7 Whereas, of the said ~y, ---------------=====-==:::...::..:::_ n~.s•--"'t .•".J..V"7 tha,________________ _ :O:!;:]J", , in the...siW-1 County ~--~ ________________ These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the , .. County Court of the ~id County, the body ( • ) of the above accused, to answer the said complaint and to be further Malt with according to law. And you are also 01recteclfo summon: color Address ----------------LJ color Address color Address ______________ color Address ________ color Address---------------- □ ---□ _ _ □ ·----□ as witnesses. Given under my hand and seal, this 19__ ", (Seal) �STATE OF VIRGINIA-COUNTY I. . OF _________________ ____________________ a __, Judge of the County Court Justice of the Peace to-wit: in and for the County aforesaid, State o( Virginia, do certify that and ---------------------------, to the Commonwealth ($, ________ ), as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of -----------------------------------to be made and levied of their respective goods and chattels, land~, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court County day of _____________ ~ 19___ , be rendered, yet upon this condition: That the said ____________________ of _____________________ _ County, on the _________ at _______ M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said --:---:----:----------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. _ day of ________________ Given under my hand, this _______ , 19__ da•.'s _ Judge. J. P. l :r n, .. ("') < 0 ~ "' "' t, ~ 0 > (") :=o :=o > z1--j 0 > :=o ~ 0 trj U1 .., '° .... I .. >-3 0 ~ ::l :I I'll ..e. ~ .. "' 1--j 0 "' (7 CJ) a a0 ::, s· > a a0 ::, =a I'll e. ;. .. > 0 ; n, '< s:: llQ ~ gI'll "' "' I'll .. I'll ::, 0. "' ;:I n I'll "rj I'll I'll ::, "' 0. ;:. ., :,;- ;:. .., .., "' "' ~ llQ n, ;J>- I'll co ~ .., E '"1 .., "' .., £. .., 'O I'll ::, ~ to '< ., "' ~ 0 ::i:: "' 0. n, "' a > t"' ~ 0. ... ~ l1' '< ::, 0. 0 z - ::n ("') iu" '< £. "-. ::;· .., 0 s· 'O 'O OQ s· llQ jii' jii" ~ ~ "' .., "' n, <:r n, 0 -. £. 0. ~ is:: z is:: p :=o ~ l1' (") 0 "rj .., :r .., "' ~ n, ;. I'll "' >-:l :r I'll ..... 0 s (") =a go s· s:: .., OQ 0 ~ ti) 0 a p ;:I ..i ;..· ;. ,. ~gI'll ,."'"' ("') "' .. .,., 0 s:: ., =a I'll 0 ..... ,.n I'll r ("') 0 0 llQ a ~ ,.;.· s:: ::, 0. �Mr.. U:.tv..cnc ~. Ass:...s·:~1... inited Wes cm n: «1is:. ~ ..u..::gl:'ove • , ...ate A ...torney Roan k , , ·ri:!:"g_nia Dee.: l r., tusgrove • 01.1 ti who ,.1as locate warrantfl ~ t the e..bo..,e c-ptioned n ou:;. • h!3s :...ow You·m She iff •.., 0::..;:c for :....,1 s n subjec·:.-> ss ,ed • ··v c! in:lmm C V im. ttonu~y JRS/ fd ��L~~~~• -~ ;u;/ /.2 ( ~ ~/'-0 19'<.56') 6,,- -~ <>-"fR! ~ - ,~;~ /~7 /?k~ h~p?/~ ~~.§ - (~~~~~~~)- ~~~-~~~~/ ~~~~ - ~~~~- L~~/7~~-~ - �l ��-,. t ��t- t- { I I ----=-=~---- ,-l t· i i rI �~ //. >~ ~ ~ pr?;n~ - .. ~~ ~~- /e:?~ ~/~ /9~/ ·- #7Y<4- ~/~;/Y~)- v-71v?~~/~/?// IJ7.t&~ ~ ---~ ~ ~- - - -- --- ~/2 �t ·l I I T t L �,tk/~ ~~~ ?-~~~ LJ~~~ -~~~~ ~ ~;:b ~ -/ • - ~ /~..,.~~~ au:/~ - �t 't ~ --er------'~ - ,-- i ; ,- f ., 'I '; ~ } -~ ( ~ ', �................................................................................................... ..,....,............ ., ..... ..,........ .,,. ...... ~._- ...,,..... ~~.h,, If~ - ~~2-~-~~~~~~ ~~ ~~-: ~~~ ~ • ~o/~-- /2~ ~ Ya- 6 en 7 ~ -- - ,- -- ��efa-~~~/?? ~ ~~K ~ff'~ ~-~ $~~ d~ ffeJ, ~~/ &?< /,k.7.-?~ ~Lan~~~~~~~~ �1 I t 1-1 1 t l j_ I 4 I l �........ .. .. .. r.. ...... - ...- ...- ~ ........... - ... • ......... • . .. • .. ... • ., ....... • .. - • .-, • .. • ..,• ......,...... ,. • • • .... • ~ ~ ~ - • • ..... ~ - (th .5~ - - . ~~~~~)- /~ ✓ .. • ., ., .. ~ .,.. ., • ..,.. - .....,.. - .......... - .. .. . - . - - /,.? ( .. ~;:Y/4id~~ /J- - ~ ~~;f ~ - J9J~) ./ �.. - .. t I I r r � 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/. Title A name given to the resource Commonwealth v Garland Suttle aka William Bennett Subject The topic of the resource Felony Rape of a Minor Description An account of the resource Defendant charged with felony rape of a minor (note: rape, rape of minor) Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_024 Bennett Suttle https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_025_commonwealth-v-garland-suttle-aka-william-bennett.pdf 331a6fc0cc6b34a73bb8bfc4ed751070 PDF Text Text ~- 4JaM..VV\ JI. Docket No. I~ ~ 2- ~'~ COMMONWEALTH 1362 of VIRGINIA ) '3/1,(,U.A. Utlt~ o29, l'l' J zr;.. VS. Indnment I .. ) Felony ) GARLSUTTLE(alias (rape) WILLIAMBENNETT) ..........-.~ _!:1.B:.s._ev..!..:e~rwl...;yL....!!:B~,_.h<.B~own:e....ir._.s,L_ ______ ~P• d.. Own W. ( ) Appointed 1962 June 18. Return ( x) of Grand Jury. 11/17 Accused arraigned and plea not guilty entered; case set for June 29. ll/13 June 29. Jury impanelled, dict of guilty returned ment fixed at 20 years of etc.; verand punishin Pen. 11/28. CIRCUIT COURT OFROCKINGHAM COUNTY, VA. �.... ... .. ,< -< 0 z z z"' < 0 - 0 ~ .., ~ .. :t '-' ,, ,. > .... I ,, > ) jf 1 �COUNTY COURT N<! 38301 Criminal Docket Commonwealth V. Appearance Date Trial Date 0-' )_( - ( 6' - J) -- <i 1..- "1---- A ��I, ri•ht to a able 41:v?L 1,,,,&-, , havin been advised o·· my as amended, under Section 1 .1-1 3.1 o the 195 Code o Vir inia, reliminary hearing poo the question o whether there is reasonround to believ that I cODDitted the within char e of ~ prelimtbaryhearin this fd- , do hereby voluntarily day o~ ~ ----- waive said • , 19 2. ��DISTRICT COURTOF THE UNITEDSTATES NORI'HERN DISTRICTOF OHIO EASTERNDIVISION 1 S DOC. 12 COMMrSSIONER CASENO. 4790 ) UNITEDSTATESOF AMERICA ) ) -vs- WAIVER ) ) ) ) GARLAND SUTTLE, alias William Bennett I, GARLAND SUTTLE,alias Northern District Virginia, Commissioner of the Western District charging me with, unlawful flight the extradition rights of Virgini rape instituted taken before HERBERT A. HORN,U.S. Division, who explained my right of Virginia, at and file prosecu- July 22, 1961, and having been Commissioner for the Northern District my rights to me, under and by virtue action contesting warrant by the Governor of the State explained of of to me my such extradition CommonPleas Court of Ohio, do hereby waive the necessity extradition July 26, 1961, to avoid criminal laws of the State of Ohio, and who further to obtain an attorney in the on or about July 22, 1961, at Harrisonburg, from the State tion on a charge of statutory Ohio, Eastern having been arrested of Ohio, on a warrant based on complaint filed before the United States Harrisonburg, William Bennett, in the of the issuance of an of Ohio, and do hereby waive to appeal to the CommonPleas Court of Cuyahoga County, Ohio, and waiv every and other right tradition, granted me by the laws of that State as applying and consent to be removed to the Western District Harrisonburg, my intention by the duly authorized to voluntarily officers to ex- of Virginia, of that state, at and hereby signify consent to such removal. J ~, On the_ William Bennett, day of May, 1~62, the above named GARLAND SUTTLE,alias signed the above Waiver in duplicate -:} in my presenceo c ( ~r t: HERBERT A. HORN u. S. Commissioner t (( :} (~- t. v �.., J J �COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The Ci10Jit Court of Rockingham County, The Grand Jurors June Term, 1962 of the Commonwealth of Virginia, and for the body of the County of Rockingham, Circuit Court of the said Garl Suttle, February, alias William Bennett did make an assault Mae Waggy, she, female child fully now attending oaths present with force in and upon the body of one Linda to-wit: and by force, against ravish being a the age of 10 the said Linda Mae Waggy, then and there did abuse, that and arms, the said Linda Mae Waggy, then and there and faoniously the on or about the 15th day of under the age of 16 years, and her, her will upon their 1961, in the County aforesaid, faoniously years, County, in and carnally the peace and dignity unlaw- know against of the Commonwealth of VirginiaQ Upon the evidence Ritchie, witnesses to give evidence. of Linda Mae Waggy and Julius sworn in open court F. and sent to the Grand Jury �WILLIAM 1- James R. Sipe Commonwealth's Attorney Foreman A TRUE BILL GARLSUTTLE (alias BENNETT) V. COMMONWEALTH q_ rape 1 ' �, ��Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: to appear __ before The County ______.k_,___~_day of Court of said County, ~ , 19 sitting o·?,a-t at Harrisonb~, Virginia, m said County, the hour of..__.2.. __ -'-fr_h---.___.-',a.•JC...<------Of on that day to give evidence in behalf of_~-=-'-'-"""'=--'-'=J.------------------------~-----'-- 111 V. the pending case of -~-"----=----'-='--'---'/-~--'--l-"-"___________________ _ w Clerk Asst. Clerk �7: ✓1/v riN ~ ')1~ .,IT~~~:/ oF A TRUE THE couNTY ••••• __,,,,,_..,/ rzo·J(\\'-:G~-L-)./1 ~Y_._DELIVERmG ' fV'"=_,u,·r::"J COPY),, . . . .. . . i:: "" cu 0 0.. .!:l '..;[ J \=i \ ~ ~ \ '<> D.S. R. C. EfJie~STRAWDERMA~' ... S. R. C. l rn rn ;:l (fl C cu .-:: ~ ......... ----- > -~~-. in oerson, at saiQ'.'.".~-~~- of his usuof .... _ .... by delivering a ~-.. 7 ...J:(,..~-'1.~ 7~~_....... ___ -- -4 .~ U-iO~-~" ~ ~? I ,t Not findi~-,1-.~.'Q:~ ,/.1, ~ ..... place of abode, E"4uted •••••• S. R. C . being a member of . • ng the purport thereof c- MP.,\i ................ .AL STRAWDi-. •·1,-'., usual place of abo~q~--~~~, his family above the age of 16 years, and to her. - Deputy Sheriff �COMl\10 DESCRIPTION OF PRISONER 3 Ii.,/ Weight.~/___ Marks------------=:::----------------------Age 7J? Date of Trial Result -----6--.::.......,,:::=--'-'==-------=-.,Lr.::::,..--..L...~.:=~=----------=~----- ___________,;z __,,.~~Ai-=..:....=__=:_---,f2t~~£L..1o£J~~· ~- _ �.,, �In the Name of the Cornrnonwiealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ------------------------------------------------------------------------------------------------------------------------ ------Linda __ Mae __ Waggy - __137 ___ Lewis ___ St. , ___ Harrisonburg,_ Chief Jo __ _va .______________________ __ ( • F o Ritchie 1/ ; • ,. -----········-·······---------------------·------------------------------------------------------------------------------------------------------------------------- to appear before the Judge of the Circuit Court of Rockingham • j" _.. -------------------------.-------- County, at the Court House thereof, at 9:30 o'clock, a_ m., on the __J~JJ:l day of _______ J_~!?_§_________________ , 19 ____ §_~,to testify and the truth to say in behalf of the Commonwealth before the Grand Jury, against ------------------------------------------------------------------------------------------------------------- Garl Suttle who stands charged with-Qfl@-tB&ieies.fer a felony fnisdeRle&ROC. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the.l.4_!;_1;1_ of ______________ J_\ffl_~--------------------------, 19-----~-fand in the ______ )._~_9yS.r of the Commonwealth. �efj~ 'P?./. JN THE COUNTY OF EXl:CUTE_ • • • -8-y· • DE' !VE NG A TRUE ROCKING A, .... COiPOE Tr!E ITHI TO .. -- · · r. • IN -RSON. •••• ~ ~ ....... . • • • • •••• . .If..~ .. ~ AW~~A, • • • • • • • .". s. R. c. lfl) . . ..... D. s. R. C. By .. ~- ..••••••• EXECUTED0.'~. IN THE COUNTY OF ROCKING~M-L BY DELIVE~ A TRUE COPYff THE WITHIN~~~ T~~~. %'.~.#..~/ .. ~ IN PERSON. • B »·~-. ~.-~-... S. R. c. A. L S RAWDERMAN 'P' ~:.~~-- D SR. . . �In the Name of the Commonwiealth of Virginia: To the Sheriff You are hereby commanded of Rockingham County, Greeting: to summon----------------------------------------------------------------------------------------------------------------------------- ----~~-~-~~ __ Waggy __- ___ 13 7___ Lewis ___ .:>tree t ~ ___ Har~is on burg _________________________________________________ _ __-~-~n~~ ):1ae ___ ~Jaggy___ - ___ 13 7 __Lewis __Street_, Chief Julius _Harrison burg ____________________________________________ _ F. Ritchie to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the _f_9-_tb_day of _______ _J_~g~----------------, 19 __§_~-, to testify and the truth to say in behalf of the Commonwealth W~r-e-t-A.Q-Gra1ul. .Jw~, against --------------------------------------------------------------------------------------------------------------- Garl Suttle who stands charged with and indicted for a felony And this you shall not omit under penalty. Witness, JAMES R SIPE, Commonwealth's JBH>Qef.li~F-. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the--~-~~-~ of _______________ ;!_~g~-------------------------, 19----~-?,and in the __)._~-~~- ear of the Commonwealth. �~7/ t= .~r:_u~~~ RO ,,ING,~-,.r-i(y . ~O~P~ )F ~HE-A.TH IN .~ SO ...... . ?1N Tl-IF. CC,lJ~!T , o--= D!".:LIVE1; G A TRUE _ •••••••••••••••• ~ • ••••••••••.•....... ..c,JT' y .Cf-/.·· · · · · · · · ........ a F).., , IN Pl:R.;,(?~. S. R. C. D. S. R. C. r: UNTY Tl • - ,/ - r:; • TRUE ( I '."J "~ 10~ Z . .... ft:,,-~----...... q~,/.;: ••• -~-.. ~---~~~-------- ). OCK1NGt? '\ I .j 1 I COP , '' ...; l~ I H-' By . . . j::::7~c::Y' • • • • • • • • • C STRAW • • ~- D w~ RftA,' • • • • • s• R• • ;/.!,:. .~?!!:.. D. S. R. ~- �COMMONWEALTH v. SUTTLE CHARGE TO JURY If you find in the indictment, death, the accused you will or by confinement any term not less than guilty of rape, as charged say so and fix his punishment in the penitentiary five for life, at or for (5) years. If you find him not guilty, you will say so and no more. ~~~ llk,,~8~, ~i ~' ~~ ,ew.J ciI - ~ ,{ffe --;tJ._,_ ..... �'I ·- �Comp. Form 18 _f ST ATE OF VIRGINIA ~ OF Harrisonburg No. _____ _ J_;o=-hn __ G_.__e_a_k_e _____ _ To-Wit: City TO ANY SHERIFF OR POLICE OFFICER: Zella Waggy (137 Lewis Whereas, ------------------------------------ street) 1 has this day made complaint and information on oath before me, _______ (Name) Justice ------------------ of The Peace City of the said Cmml:y, tha,.___ _____________ _ Rockingham int~ County (Title) Garland Suttle or a ou did on ;fh,____l_s_t ___ w:i.. th force fa-n.ale the child, alias William day o~ __ and arms, to-wit: did Bennett ______ Fe_b_r_u_a_ry _______ ravish the 1960 Code of Virginia, _ and carnally age of 10 years, against the 61 19__ : Unlawfully know one Lirrla in violation peace Mae :laggy, of and dignity and feloniously section of the a minor 18.1-44 of Commom-iealth of Virginia These are, therefore, to command you, in th~ name of the Commonwealth, to apprehend and bring before the Rockingham County Court of tb:ecxaid County, the body (1:imQics)of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: -----------------. color Address color ____ Address ----□ color ____ Address ----------·----□ color Address -----·------ color ____ Address --------------- □ ·---□ as witnesses. Given under my hand and seal, this 21st day of____ J-::ul:-y"----=-------,,---, JJ?:.tif:L JUSTICE OF TI:E FEACE (Seal) �STATE Of _________________ OF VIRGINIA-COUNTY I,.------------------- a __, Judge of die County Court Justice of the Peace to-wit: in and for the County aforesaid, State of Virginia, do certify that and ------------------------~ to the Commonwealth ($_______ as his suret _____ of Virginia , have this day each acknowledged themselves indebted Dollars in the sum of ----------------------------------- ), to be made and levied of their respective goods and chattels, land5, and tenements to the use of the Commonwealth to Circuit Court shall appear before the County day of _____________ ~ 19__ , be rendered, yet upon this condition: That the saiU---------------------, County, on the _________ of at ______ M., at _______________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain _in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said -:-----,---------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this ______ _ day of _______________ , 19__ ays _ Judge. J. P. s· 0 ~ f <lc+c+~ ~ (") " "' 1-'·0P,.(l) . ~ • p.. (D ~ ~,-:, [ '-f,9 ' c+ ::::, 0O'Q I-'• H:, 'i 0 p.. ~ ::::,'i~~~::i !l> (D o:> c+ ::::, t-3 ~ ~ c+ O1-'•c+ op,o::,::, (i) 8::r ::::, ~ 0 1-J ... e. 0 n 0 ... "' "' 9 9 0 :E Er :, :, ";. e. oq > ... s- 0 .... :, " '< ~ ""'"' ""' ~ s""'"' > ... ~ ~ "".,, 4~ H:, p. ... :,;- ;-;:;.,, oq " .., " ~ ,:, ~ n 0. z I-'· c+ ~ c+ r.n > t"' ~ :-:J •c+ t.,:.I ..., ~ ::i:: (') ..... :, ..., 0 ~ ~, .... E b; f ::r, <; .... "' .... "' ~ - 8.. -::: 5. ... .... 'O -c.. "' '< 8.. ... :, ~ 0. to " ;:;.... to CD ::s ::, • !l> f-J• c+ 1-'·Jg p.. :, :, ".,, 0. ::s --r, p:i ~ 0. --r:;.i: (') ~ t.,:.I > z..., 0 ~z == p ::=l 0 == 0 ::s 0 9 90 1-'· I-' :-:J I-' 1-'• H:, CD Pl Pl'i ::::, Cll 'i Otl i:::!::S Pl Pl f-J• CD p. 0 (') ::s > ;;-:I 0 I-'~(/)~-~ (') p, I-'• (/) ::s o' ::::, ~ c+ I-? :,:;- 0 > :a:,:;;-:I 0 c+CllP.!l>0 ~g-~::s~ro I-'• r,-.. p. c+ t, ~ c+ I-'• O(D(l)'Cl'Clc+ H:, 'i 0 'i c+ ::::, s ro::ic+ ::s f-J· p. p. ~ ::::, - ::s !l> f-J• p. <l!ll0 c...::i !l> § f-J• 'i .. ~ 'i co '1 S •§H:,.,. !l> co • < !" CO Cl) I-'• O'Q § o'P..q co co'Cl I-':, 0 <~co::s f-J·::::,::::, !l> 'i <: ..._, oq oq F" F' ~ ~ ;:;· 5· '< .,, .... 0 ;:;· 'O "' 'O 5· ... .,, .., er ".... - 0 0..., ... 1-J ;. ... ::r... 8.. .... g_ (') 0 QO r::: .... en ~ 2 ,=! ::.· 0 s· oq p :, tlJ 0 :E ;. " n0 ... i: .... ~- s""'"' ""' :E .... " .., .... "... 0 r (") (") 0 0 oq ::s '..< 0. r::: ... ::s ;:.· " �COMMONWEALTH v. SUTTLE, alias BENNETT INSTRUCTION The Court to be innocent instructs of the crime him throughout every every allegation essential the burden guilt beyond There element is no shifting his innocence and if, after you ente'rtain part of the crime a reasonable The Court for the greater charge in the indictment, so clearly and the accused's as it remains however weight acquit and binding instructs strong, that the re is no reasonable of innocence from is not a is not sufficient suspicion to convict, of the evidence his conviction consistent instructed and of this presumption. or nor is it supporting the his guilt must be proved with the evidence which he can be innocent. You are further and on the jury in this case; the jury that mere theory and but it is an essential the full benefit or preponderance to prove him. that the presumption but to warrant is not required for the Commonwealth by the jury at pleasure, further upon the doubt of the guilt of the accused it is the duty of the jury to give the defendant sufficient denies the evidence of the law of the land, of his guilt, the plea of "not guilty" The accused it is :x:our duty to, and you must probability follows charged of this burden, considering fovm to be disregarded substantial and that presumption and puts upon the Commonwealth the whole trial. You are instructed mere is presumed doubt. throughout the whole trial Mor~over of the indictment Commonwealth the defense, of the trial. every reasonable the jury that in law the accused with which he is charged stage of proving I NO. that the defendant is not to be upon �/ �c/ prejudiced agent, party. by the inability nor is he called He rests secure by the Commonwealth c?ce,,a J'e of the PiEN,oBVUIMllfi\.1:o point out any other upon to indicate his own innocence in the presumption which establishes of innocence his guilt beyond by naming guilty the guilty until proof is adduced all reasonable doubt. ��COMMONWEALTH v. SUTTLE, alias BENNETT INSTRUCTION The Court cases, the accused's in his favor beyond instructs minds on the prosecution doubt, If, therefore, of the witnesses and the circumstances guilty. the burden upon a consideration as in all criminal a presumption and not on the accused of the jury a reasonable find him not the jury that in this case, plea of not guilty raises and places a reasonable NO. of innocence of proving to prove his guilt himself of the whole case, shown in evidence, there doubt as to the guilt of the accused, innocent. the testimony exists in the they should ��COMMONWEALTH v. SUTTLE :3 INSTRUCTION In considering burden of proving Court instructs able" nor its reason, whether the guilt the jury of the accused that meaning. and is not to be confused imaginable, conceivable In passing must limit of this case, its drawn therefromo with imaginable a11B11must be proved consideration the natural from lack of evidence, proof essential concerning immaterial and nonessential a reasonable your minds are left from reaching a convinced If, hand, viction the evidence of the truth reasonable of the charge, to be to create doubt, of guilt. in mind that any doubt arising or from questionable fact and not a mere doubt circumstances. consideration of all of the of doubt as to prevent of the accused, you then the burden. after an impartial in the case, of the charge, the at the trial inferences of the accused of the guilt to meet its of all beyond every presented inferences testimony in such a state Commonwealth has failed sideration bear and honest belief on the other doubt, should be a doubt of a material of the guilt after to find should to the proof If, evidence, fact, guilty go beyond such evidence from conflicting of any particular or possible and reasonable cannot the jury the word "reason- of the proof to the evidence nor can you go beyond such evidence Furthermore, the doubt. upon the sufficiency The jury doubt, doubt is a doubt which is founded on or possible includi~g beyond reasonable you should not overlook A reasonable for the law does not say that jury or not the Commonwealth has met its and reasonable you have an abiding you are then satisfied concon- beyond all �/ 't �C01'1MONWEALTH v. SUTTLE INSTRUCTION The Court instructs evidence beyond a reasonable had sexual intercourse 4 the jury doubt that that if you believe the accused, with Linda Mae Waggy, and that Linda Mae Waggy was at the time of such sexual child accused under the age of fourteen guilty regardless in the accomplishment of whether years, or not force in accordance her consent, with the charge Garl Suttle, the said intercourse you will of such act and regardless such act was done with or without punishment (14) from the find a female the said was used by him of whether and shall or not fix his to the jury. The Court further instructs the jury that the slightest penetration of the female organ by the male organ is sufficient to constitute carnal knowledge. ��COMMONWEALTH v. SUTTLE, alias BENNETT INSTRUCTION The Court convicted beyond of the charge a reasonable of the prosecutrix instructs the jury that before in the indictment, doubt that there 's sexual organ NO. the defendant the Commonwealth was an actual by the defendant's must prove penetration sexual can be to some organ. extent ��COMMONWEALTH V. SUTTLE C INSTRUCTION The Court instructs accused guilty uncorroborated of rape, testimony as charged that they may finJ in the indictment, of Linda Mae Waggy alone, credibility of such testimony belief the accused that the jury is sufficient is guilty to bring beyond reasonable the on the if the you to the doubt. ��COMMONWEALTH v. SUTTLE INSTRUCTION_l The Court instructs witnesses appearance is a question exclusively of the witnesses the reasonableness mony, their apparent candor and fairness, they speak, witnesses to the parties, if any, the right circumstances to determine and what is the relative give credit accordingly. their if any appear, appearing of their testi- apparent in- of the of the of the witness and from all on the trial, which witnesses weight manner of the relationship the interest of and from the the opportunity to know whereof surrounding their and consistency witnesses of the trial, the credibility for the jury; or lack of intelligence, in the result that on the stand, testifying, telligence the jury other the jury has are more worthy of credit of any such testimony and to ��COMMONWEALTH v. SUTTLE, alias BENNETT INSTRUCTION The Court by a jury, clusion instructs having the jury that upon the trial the law contemplates of guilt before a concurrence a conviction Therefore, duly considered his fellow jurors, of twelve if any individual entertain of a criminal minds member in this case, a reasonable instructed his own convictions the views convictions, consultation with doubt as to the guilt of the as to the guilt or innocence simply because the rest d' the accused, of the jury entertain as to the guilt or innocence,_ that the jury room is no place that it is the duty of the jurors and candor after it is his duty not to ~~~~~~ convictions in the con- of the jury, and after accused, surrender case can be had. all the evidence should ~ NO. with each other, of their agree fellows, to discuss upon a verdict. different The jury is further for pride of opinion the evidence and with open minds and, ~ or obstinacy, in a spirit to give careful if it can be done without sacrifice but of fairness consideration to of conscientious �� 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/. Title A name given to the resource Commonwealth v Garland Suttle aka William Bennett Subject The topic of the resource Felony Rape Description An account of the resource Defendant charged with felony rape Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_025 Bennett Suttle https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_009_commonwealth-v-george-walter-francis-tucker.pdf 709d1e49061623dfaa0fb7b74cbc5dcb PDF Text Text cmnONWEALTHOF VIRGINIA COUNTYOF ROCKINGHAM,to-wit: In the Circuit Court of Rockingham The Grand Jurors the body of the Court of the Tucker, County, feloniously Ann Green, there against Upon the and sent child under and her, age of sixteen Charlotte did abuse, of the to give Circuit George Walter 1956, in the said years, Ann Green, ravish _to-wit: then and carnally the and know, Commonwealth of Virginiao or R. E. Godsey, to the Grand Jury the upon the body of one Charlotte the said and dignity evidence the Term, 1956. in and for that the 8th day of August, and feloniously the peace oath present did make an assault years, unlawfully now attending upon their on or about a female age of eight of Rockingham, County, Francis October of the Commonwealth of Virginia, County said County witness evidence. sworn in open Court �+; INDICTMENT :fr~!JJ 11 COMMONWEALTH v. GEORGE WALTER FRANCIS TUCKER A True Bill Foreman· Charles E. Earman, Jr. CoIID.uonwealth's Xttorney �-------';BALTIMORE CITY HEALTH DEPAFU ENT ORDER NO. BUREAU OF VITAL RECORDS JAN.15,1957 �' ~ �Form No. Sa-lOM-1 - 1111 DEPARTMENT DATE: J OF PAROLE 15, 1957 :WU INTERVIEWED 'I've-' NAME: COMMITMENT TRUE NAME: STATE AND PROBATION .'3eor ter 1ter ·01:fdrge Praneis ,. 'I Ck Francis INST. REG. .r BIRTH BIRTH IND. t COURT: PLACE: SENTENCE: WEIGHT: DATE SENTENCED: SEX: HEIGHT: DATE RECEIVED: PAROLE OCCUPATION: MAX. EDUCATION: PAROLE ADDRESS WHEN ELG. PRESENT STATUS: Virtlnia County of ..ockin"' JUDGE: RACE: MARTIAL Offic NO.: i:rcu • t Co1rt, DATE: RELIGION: • ' ck, P rol Gou tf J il, kifl€h NO.: NO.: CRIME: AGE: harl s BY: OF MARYLAND DATE: EXPIRATION: EXPIRATION: HEARING DATE: DETAINERS: ARRESTED: CO-DEFENDANTS: mr::rs.1AT--" COlffA(.!. n v.,:J~;• 'IGA'.t:Oh It Virgini C C()njunction with ou s',;, ub>:rl.tted b, 10 :foll n;., :i.nfor .... iort is fo'l"'t-,·~ ,1"n' 1957), t I. Info ckground A. (date January 2, Cor:r ct e tat " ti • - 'l'he subject •s ""~ s fat r, ar;o 23 (married) ·s oi' 1 or .a ·'l" llis 1 r,.,· re e 3 ( e, plo.)'cd b:r the one); • e· hrun 'l'r , . r, t Lary Conlee Tue · r, k..r a , llo :L , siblinf;ai 1'y 1 ~thleen• ) ; John R. - <>d 12 ( at ho1-;,.o) f · i i 2 (~t in lial • 'ih,.; father i ;, la d, as a truck driver. ooo - The ho B. Descrint· ver rOl-:•t roo, sz n.i.sb . uate: s e. ait al sur as u1.m.er. to th f, eiliti s. II. Perso (213 ~a~·t Grindall Street) i borhood; t. o 1 o .. consists of four • lit:, Tr its usin 1 he and anotb: Ac ..ordin: ukulole val th .:re> C of this hon is spa~sel furthat t s home 1W in th city. · ne t and clean an for h n n o . r-- .-~iVE- • to hi 1 nd sin~ine. th Act ~riticn .... (H rel__ s xcoss ( o ense). . is tho only o e without The eXll.mnlG, vi T li • It is to • to t tier, tho su :i Ile has also ir'.d.lvidual. For .i.n t:,at e rt,frai J.e fron s nuver talked •nck to ier in t .1e ocs '· ink and on one occ sion, proc ded to il I '1:. . Training .'ehool for l· n •oys pL. yin~ f elin:-7 in thic )0/S to for t··•is , 1.i..ta.rm in poetry ~s ~ne.d r �UVIAJYHAM 'ilO aTAT8 VIOITAaoHq :YS CIVIA 3:.IOHAq 'ilO TVI3M'l'H.Aqau 03W31V.R3Tl,III :3TAO elo...rr.sn :.OYI .Tellll :.OM .i!>3S'l :3MAYI T"'13MTIMMO:::> :3MA"1 :3MIHO :3c>A :THUO::> :3TAO :3011t3Tl;13e :3.:>0UL 3TAd :THul3W :03Vl303H 3TAO ,THOl:EIH i>ll"IIRA3H .X :X38 :aTllfAOllt3"'130-00 ·'1 i !.. :aUTATa M JAlTSlAM :YIOITAqU::>:>o 3.JOflAq :c!fl31111AT30 HTSUS :IIIOlc>IJ3fl Tllf3e3s:!q :YJOITAfllqx3 HTfllS :3:::>Afl .c:>.J3 3.JOHAq :YIOITA.Rlqx3 :3TAO :3:::>A.Jq :030llt3T1,113e :3TAO 3UflT ,"10ITA.::>U03 :03Ti33.RAA "13HW 223ROOA �alter Fr 2 cis Tr it~ (Cont1 ) Pe onalit the nderni d during the to be the f-vorit port of r was not conna Ros nd cl con-ta.ct. 1 h S • !'ling, his ap cial fri to so • i hat r o h ~ob t~i young girl is . ld (the ug; sted 9, 1957). At the t~mc of his incarcera- tion in th lt . City Jail wa.itinrr on the ir • ove:-tbcr, 19.56), th au• j..:;ct a _ one Deovi!a os ho rri oted so ct. itl c• {Au,,.ust to l ~ .nine, to 1 • I olth TII. is 5'7" in 1,ht and d • loncl a.i t-," c c'1ildhood • o"I • In 1951, it in "'t fiVi ' !hes blue s no i and hi IV. o oral ph ition ha b n considered ood. School 'i'he s bjec-t started to School years of t e fi.fth or d y 1a I sc' ools. '!- ryl..,nd v. of medium built, wei 136 poun s, ~nd has •1 , he.d pn..,l.l1"1oniafive ti:n.es in four e s At ei~ht y ars of age he ha his tonsils nd noted th t h •a tu re in p tch test ,:as ars, no physic e.bno . itios have oen note tle t. Sch tru ,i'7. , fro (n.b 2 on Charlos and O ten Street"' ,hen was :iX • 3d the su ject 11 placed in St. ec • linut7 problem in the public je •s • Ill P na, ,Tu Scho f, · ort stay th the he • c chool. 'l:r....in nee ferred to ., ool for constnnt oys on t is Au ;ust b, 1 55, after r ~ 'Ihe subj;;,ct ·aa s rvi on Cl1eeap a dili' iou ly r ,ocust t-Thi ~ d i. • 1 lt cl e. t e he t, ve :y ore, :'i!C.i.Th:l -· to tardin~s, ue to hi i ~ e vio l ian blind J. compa for s s Po t in the pr suceess oi e _ s und loyed by t c l "'d no ,hen rotated cos. It t al laziness. • 1en tried to o o.nd rith t -lti- a of a~c. COI,CL!.J'"'IO'T '.t e su ji:ict, Walter attacled eor;;e cker, oreto i~ certified photo ~ation is respact lly su itt d by n l on Octc er 13, 1938, "nd , certifica tho I rs C "i' :JlJ : -15-.57 --------------------- A ,1,ROV ....D: fhe C bov investict c nnols. �'t �ADI The fo lo ds or t tion m. s .cu Parole Offic fo City by . truo.ncy, eli:.1riu nt ( di o nil De in u nt (truancy Co:u-t o.: ltinore F·tition ·1 dr -t . ) t {trunncy) li.qu· 11-1 -hP J D t incd --t St. "I:1 's I .·ustrial Sc ool to 12-13-48 - Placed on Pro at·on eli, 3-10- i9 l-2P-50 "'U. Olin waned t elincru~ r c ico nt. ( u '!0vern e, perv · Prohntion tel' tinat d - C011..,.,..•t ed p ~~e11tvlnc!'.?ect) to St. •. ryfs Industrial Sc} ool • leas ·d from I (:u •trial School ar.ri r turn.eel to probation u. rvision mpor.:i:ri y et·line,; at St. l:;;lrJ'o In u ·trl"' l School .. ~-eloase f o:, :i;r• ation ur,.;lrviGion o. 12-11-50 i.:nt - -Oru:.rgc no't, m,Ftained - .D:..sro..ised r ler .... d to at ,-an' school u ljn • an,} that he hoa.vy d:-:.nker ·, tl.cr • uent o t ...h on pr()b., t ldr~n. l 1-, vie na :--s. entr.: • re fr ly or in the r-.ttitude •as ly in lue s 1mii.n? a t ~r to s •1b .ct 1'h h as a a n rceny in the Cr Th.. mothe a.s istu.rbed by roa"'on or f "'ituation, the oubject t.: objoctionabl <·hborho He l, "' a '"'er trus nc th!lt th tin Co• ~t : Cl"J Co;11 lit!- ci to ,. t .. '..:r;, • no.u:;t i2J. 1~ato. f ehool. ierr·ecl to 1,arrlnn I •a:i. hoc;.l onrt, • •• ore di:::cJ.030 t1 o subj •ct v s a.red in a broken o"'e povo ty .e_,l~ct ·ring nis formative ye,rs. '.rhe fat 1.er i~.. s a to , p. " 1is f",;!ilf. c na:rents ho. rep t • .ffcrt:nces in i· 1.S . , daily i ,t. ...ather. In -r• th su j ct 1 s role , super" • ~the r ·h•"le • m. . rv-1 ·i e e i.1r:ications o sure.rvi. ion 1 J • nu individu do pro nci.e u t rou~ht 1934 • cha ,:, • In nd • 1 ced of ....alt tG, bet,;een 1939 and e, ton. e a icJ o:notio o. l int.0 di ...:i.culti omo a:3 he at to C u t on the 1949. ly e t.o tho distur hone • "h f ily llvcd in an by de • t ll. oci ....tions. ~rly It is ,u t to not to effect any nt in the n tl-ie h st ,d. 'l nts, 1-:-0.:minr. D-te hourn, ...nd 0 • •s pti ir:hbo . t-- r • e • 1 in the (Prot 1a.dv a poo • •te 10 • nif •stod t is of 97. f'ter of 1955, he ,."" ices D'vision). .ent in enrloJ .. nt vie s Di i ioi O"'f" c �! .r •r .. r �, December 19 i 1956. , t ' t t t t ' 0 A COPY. ATTESTE: t ,. ,,{_"'I,,.-<-/ , 1 L 1 1 -- 'j~""J(.___~ 7. , Deputy Clerk. �.. ~ ,. D•J ,rr,::.\ C �4:z.. ~ ~~L/ ?1 1~ ~ ~ C.._-r_~-J- .,f2.....o-__,,,,_,, I y,7 ~:/ c-1 ...~ 7--e' j% �,--.-----------------~ I' j- l �~# ~r ?~~--,:. ~~ ~ fYL•1- ~/-~ Cc:11:~/ ·-~ f / I 3 .p - 11~/ tt:,I ~ t;; . 7t 1/! _/_ -5-' ~~1- ,l ,._ / J&~· 4'YY'cda~ ?- /Z-C~~~ ;1/~ ��CO:MUONWEALTH OF VIRGINIA IN THE CIRcurr COURT FO THE COUNTY OF ROCKHJGH :[ cmrn:ONWEALT H v. ORDER GEORGE WALTER FRANCIS On tne that motion accused and parole f·-,cts mental, ;::.ccused, report of the was under co1n1:J.ission of the the TUC eighteen crime officer accused, for this p:1ysi ·2.l and social thereof ~ rilvt years charged, a__ .::ircumstances including by counsel, it nor before ·!Ill of age at is district ordered _shall surrounding January "v l the that charge and personality of his 23, birth 1957. C\ ~bi p'- being proceed this conditions a verification it date, represented time of the the prouation to investigate &nd of t:1e of the and to make a ��January 23. Commonwealth On an indictment v. George Walter Francis for a felony Tucker This day came the attorney accused, George Walter Francis of this county and by his namely, Sam P. Conrad. Thereupon, attorney, court in person, and the attorney and agreed to submit all and determination. Officer for Peter this Parole E. Coughlin, Parole and Probation and the said touching said District, Senior contained to stand trial Whereupon, behalf failed said for commonwealth, moved the court to prove County, before the attorney of the by counsel, as an adult, that in said the court George Walter the court of date report; ±ruc by reason of the by jury for whereof, January the court eighteen of 15, 1957, ruled and mentality (18) yearsof because was committed age. evidence thereof such evidence sustained~ of to cross-examination understanding charged a report xux±mucx.ru.1Ktxkxx±EgX and at the conclustion to strike with of the Department the commonwealth introduced the court Francis trial and subject he now being the offense which motion the consent to the court Officer in court was of sufficient consulting waived of Maryland, that accused with Parole upon consideration of the John H. Ramsey, Probation filed «ruuti:oc:ex2ocxxk2xm2x said and with and the appointed, accused,after Thereupon, Ramsey was present the heretofore of law and fact of the State the matters attorney the commonwealth, matters Acting the eommonwealth, came in the dustody and by counsel, for hearing for Tucker, sheriff his (rape) on the accused, it had in Rockingham and there being no evidence of which the accused could be held, Tucker was discharged from custody. the ��In the Name of the Commonwealth To the, -Sh~ City of Virginia: -ef- -Reeltt~m-€eunty, se~geant, Greeting: Alexandria, You are hereby co1nmanded to sun1mon ................................... R •...E •...GOD.SEY., ....Stat.e ...Police to appear before the Judge o'clock, a. 111., Commonwealth wh tand And t • \Vitn :•~:s~n~ on the of the Circuit 15th . day of Virginia ........................................................... '....................... . .. Inv.estigat.o.--:- ...(.03.4.3.).,...Alexandria., Court of Rockingham ..O.ct.ober. County, at the Court -tt l'..l-1,<,'...,,,.."-"- t thereof, at 9 :30 . , 195.6.. , to testify and the truth to say in behalf of the before the Grand Jury, against ... GEO GE .. W• ..F ..... T.UC.KER....... 1a ed House ....V.a.. .. . ... .. ...... .... .................... . '!1.ffirled-tti'I"a felony ntt!!<l€tn@!rfW>r. t under penalty. And have then and there this Writ. E. E RMAN, JR., Commonwealth's t the Court House, the lsLof~ Attorney for Rockingham ... County and the City of ~£:e.1e_._,_, Commonwealth's Attorney �- E~ fi, Vll1dnia, tbis___ 'in Fairf~ty, Qt ~~~ a tme copyof the wit'· attached affidavit, on_:l{.__ Given under my hand this_ . __ , B_---.-~ . --~ �Printed figures ilbove show amount paid or charged BELLEMEADE TEX~O ' SERVICE Dat~ ___________ Name.____ 19__ ..::._ _________________ Addres'------------------------,,---License No _ I Account Forwarded I Lubricatio"--------'-------+--~ Accessorie•--------.---------l--- __ Misc--------~--------1---+---Speedometer .,,,.,... Reading Ta"------+---+--TOTA._ __ _,___ _,___ _ ��nburg, Va~ sonburg MS I I �---------- . ---·----·--· -·-·-·--· ·--·----·-·-·--·--·i NK YOU · for your tronatJe. , If there • anything not right ~out this transaction, we stand ready at any and all times to make corrections cheerfully. -- -· ·-· ·-· ·-· ·-· -· ••, ·- ,., ••, ·-· ·-·-· ·-··-·-··••wt . �al!'J . Docket No. COMMONWEALTH of VIRGINIA ) VS. Indictmentl Felony (rape) ., I!/ GEORGE WALTER FRANCISTUCKER -=-L--=--....c...L--'-1?_. ~-----P• Own ( ) Appointed d. ()( ) CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co., Phila., \ Pa. � 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/. Title A name given to the resource Commonwealth v George Walter Francis Tucker Subject The topic of the resource Felony Rape Description An account of the resource Defendant charged with felony rape Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1956 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_009 Tucker https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_001_commonweath-v-grover-flick.pdf bdfc727f78ea36ca6ef64b29c68cf96f PDF Text Text CIRCUIT COURTOF TliE COUNTYOF ROCKINGHAI-1 ON SJlTURDAY,the 28th da,r of Mav, IN THE YE.AROF OUR LORD, IJINETEENHlJllTDRED PND FIFTYFIVE. Present: Hon. Hamilton Haes, Jucre. Commonwealth v. On a warrant Grover ch2r ing a felony Flick The 2bove named defenc•ant Southwestern examin2 tion 2ppe2r the Virgini St;;te authorities , shell rele2.se ingh- m Count", Vire-ini?, Grover P. Flicic shall be held cou,.,t, c nd it hes been comrleted Stcte Hosrit2l, of Southwestern Grover P. Flick and s id Sheriff this :pending further to for psvchi2tric it is State bein shall m2de to by the auThorities therefore ORDERED Hocnitel, Horion, to the Sheriff to the Rockingham Countv JFil, in custodv Entered been comr!litted Virgini, of this examinction of Southwestern said hcving HoE"uit 1, Aarion, by e2.rli er order th t said in charPe thct (sodomy) of RocK- forthwith return where s2id/9risoner c.i~rosi tion of this case. 28th day of May, 1955. /s/ Ha1ilton Ha2s, Judge. ST~TE OF VIRGINIA, COUNTYOF ROC'r<:Li:iGHAM, To-wit: I, J. Robert Switzer, Clerk of the Circuit Court of Rnckingh2"1 County, Virg inic=, the !"ame beinp- a Co t of Record, do hereby certify th2t the fo efoinp is e true 2nc correct copy of an order of the said Court entered on the 28th day of May, 19'i5 in the case of Corrnnonwealth v. Grover Flick, FS the said order anpears of record in Comi~orrwe2lth Order Book No. 9, at page 177, in my office as Clerk 2foresaid. IN TESTP'1ONYWHEREOF,I hereunto set my hend E,nd affix the seal of the s2.id Court, at Harrisonburg Roc1dng·ham Countv, VirginiP, this 31st cay of May, 1955. ~~, Cler'<- Executed June 3, 1955 by transporting the body of Grover Flick from South Western State Hospital and placing him in the Roakingham County Jail. By f!. ~ 1 iA/'lrrw"Ear 1 Tiirner,Deputy Sheriff �I ( ,.. 1 2 ( .l ���May 25., 1955 Hon rable .ilto H a. , Judge Circu t Court of 10c in~h County • rrj onburg, Vir~in1a lie: Grover F~.icK JJ ar Ju,1 e Haas: bo ~"'-n~irJ.c' tiont •·1a. ad; itte·-· to this ho ~pit.al on r~eb!'• 1y 2?, 1955., r v-i n, ,•-en co.Jmittad by yom Court tor obs r • report. ~foe drnission ho has been car ft.L.y st.udied and history obt in d : sofar ·pr cti 1. i r 'l result of .;ur• Ol;d rva-Uon a"l.cietudy, I b g to report tr.a he is not psycl.otic (not :ine· ne) nnd :1s co petent to ..tand trial on the charges r' pend1.ng Ev a:inst hin1. R<:1pectfully, ~,{~. Jo eph Ii.. Blalock., .• v., Superintendent RGB/f (Y �cc l t S: '! �VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY COMMONWEALTH ) ) ) ) ) v. GROVER P. FLICK -ORDER - --- 'lhe abeve-:aamed defendant having been conmitted te Southwestern State Hospital, Marion, Virginia, !or psychiatric examination by earlier order of this Court, and it being made to appear that said examination has been completed by the authorities it is therefore Hospital, in charge of Southwestern State Hospital, ORDERED that the said authorities Marion, Virginia, shall release of Rockingham County, Virginia, of Southwestern State Grover P. Flick to the Sheriff and said Sheriff shall forthwith Grover P. Flick to the Rockingham County Jail, where said prisoner be held in custocy- pending further of this case. Entered this ~day disposit"on of '"--.2::1;:-~---I' 1955. I JUIGE return shall ��VIRGINIAt IN THE CIRCHIT COURTOF ROCKIUGHAM COUNTY ) ) ) ) ) COW!Olrt EALTH v. GROVER P. FLICK -ORDER -- - - The above-named defendant State Hospital, Marion, Virginia, having been co for psychiatric itted to Southwestern . examination by earlier order of t;1is Court, and it being made to appear that said e • ina tion has been completed by the authorities it is therefore Hospital,· in charge of South estern State Hospital, of Southwestern state OR ERBDthat the said authorities rion., Virginia, shall release Grovar P. Flick to the Sheriff of Rockingham County, Virginia, ,•r,d said Sheriff shall forthwith Gre,-verP. Flick to the Rockingham County Jail, where said prisoner be held in custody pending further of thin case. Entered thi disposition ay of ------ , 1955. JUOOE return shall �SI rt sj ; J'IJO J be:t j 1: ( ( ( ( fl 0 ... v d d c;tti:v rl n lOO . I. .t • qeoh sd 110 ··j rrmx bl j .s d.:luo!) lo rljuo J lo 1:.tho 'l rfa n.i: a +.t"Ior'ju.o ecj j ua b.t oj :ilo.i:1 e ol I.! d ~ .tsI noo .tr !. 'Il r,I!Ol. t.r Q! rl.t'.!.ul 8fI.tb!I q -···-- jl la._. rtl: om e .t o.:t lo J: 'j L lV t~nuo:.> liruia ,. ,t&t '1JJO !Lt ,'rl) �SOUTHWESTERN MARION, STATE HOSPITAL JOSEPH VIRGINIA R. BLALOCK, SUPERINTENDENT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS May 25, 1955 Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Court House Harrisonburg, Virginia Re: Grover Flick Dear Mr. Switzer: I am enclosing in duplicate a report to the Court concerning the mental condition of the above-named. It will be appreciated if you will transmit the original to Judge Haas and retain the copy for your files. Very truly !~~- yours, ~ Joseph R. Blalock, M. D., Superintendent RGB/fm M. 0. ��SOUTHWESTERN MARION, STATE HOSPITAL JOSEPH VIRGINIA R. BLALOCK, SUPERINTENDENT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS May 25, 1955 Honorable Hamilton Haas, Judge Circuit Court of Rockingham County Harrisonburg, Virginia. Re: Grover Flick Dear Judge Haa.s:: The aoove-narned patient was admitted to this hospital on February 27, 1955, having been committed by your Court for observation and report. Since admission he has been carefully studied and history obtained insofar as practical. As a result of our observation and study, I beg to report that he is not psychotic (not insane) and is competent to stand tr:ial on the charges pending against him. Respectfully, ;~r't-~Joseph R. Blalock, Superintendent M. D., ~~ R. G. Blackwelder, Clinical RGB/fm Director M. D., M. 0. �.• 't ,. �I, Grover Flick , the accused in open court before the Judge of the Circuit County, Virginia, do hereby voluntarily waive charge of sodomy this February, 1955. Witness: ( ~ /4'nJA./ in the attached warrant, Court of Rockingham indictment on the said 21st day of ��Cornp Fm rn 18 STATE OF VIRGINI"Ailil.~~i.n..:J.--------l COUKTY OF __ _.BOCKTNGHAM To-Wit: f , .., ' TO ANY SHERIFF OR POLICE OFFICER: Whereas, &. ~ Jd~ -49-, ,,&.R,~'--- __ _ has this day made complaint and information on oath before me, __ J_._C_._S_w_a_r_t_z __________ _ (Name) Clerk Trial Justice Court of the said County, that ______________ _ (Title) GROVERFLICK or about did on,,{he-1Z.th__day ot ____ _!!!?ke an assault upon one LeRoy age of twelve years, .______ .... D.u:e,...c ..Je;;;.mt.Ul,,lb~eh,l,r,,__ ____ , 19~: and then aybright, and there in the said County fe] Unlawfully-..and a male child feloniously about 1y onious the did commit _t=-=h=-e.=:._-=d-=e-=t:...::e:..:s=-t=-a=-b=l-=e--=a::=-n:c.:d=--ca=-b=o.:::m:=i:=-:n:.,:a::..:b:c..:l=-e::,c._-=-c-" __ _ there, to-wit, aforesaid, the said nature, on the feloniously day and year having LeRoy Waybright, against the peace aforesaid, carnal in the knowledge by the mouth, and dignity county of the body of against the order of ____ _ of the Commonwealth. These are, therefore. to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon _ color color _ __ - _ _ Address _ color _ color --- ---□ Address _ -- -- Address __ Address color _ ____ Address -□ ----- □ -□ -- - ---□ as witnesses. Given under my hand and seal, this__J [~day ofC-'f.l::~"""'-'~~~~ -- ,25~~~~:..... (T - _ (Seal) �I. State of Virginia, ach acknowledged to ive goods a~nds, be ,,,-, ,,,,.... , --;-~ / __ 'D'64 County, on the --~_'-/____ -}~-4=-=~=--=-~~+,¥,.~~:'.'.:'.~-.~=+ at and tenements 7 do certify t es indebted ~ Dollars to the use of the shall appe r be T -~ r1a Court / S , ust1ce, 19 'day of_.,.,_.,:____,:c..___::..__ ___ ----J'----- ____ M., at -~~-'--l--'-------------,1--,Virginia, and at any time or times to the proceed· gs may be continued further heard, and before • c rt thereafter having o holding any proceedings in connection with the charge in this warrant, to amwtr for the offense with which i arged, and shall not d part thence without the leave of said court, the said obligation to remain in full force and effect until the charge i nally disposed of or until it is declared void by order of a competent court; and upon the further condition that _.,c..._----- o,- the said from the date hereof. eace and lie of good behavior for ~riod of ___ .....,.. _ __,___ days s~ ~ (i 0 >-3 ~ ff> ~ ., "Ij s· ;:. tT1 "., e n X " c:: n 'O ;; "o " i;;::, "o. ... 0. < !" - ::,- J t:1 0 ~ " X "., ~ ► (") ~ ~ 3 :i,: (") :> s· ~ o· ::, 0 z s= z s= p 0 z >-l 0 "Ij ~ :> ;. ~ ~ VJ > t"' l:t:l ::-:i tT1 " >-3 :::i: ,-J I n .,::,., l)Q -" .... U) (i 0 "Ij 5· >-3 0 g_ " >-l ~ ~ (i 0 ~ ff> 3 3 0 ::, ~ c:: 8 3 0 ::, 5· l)Q " ;. ~ Ei :> ... 0 .., ""' ~ ff> ::, " '< ""' ~ Ei " "' ff> ~ "0.., ::, ::, (') " ...... t "Ij (i ;,., ;,;- ",,, ., -;." ., l)Q ,~ t:d ., "... ff> -~~ ::, 0. t:d .,0.., a. t - ::r, ::, 0. - '° ~ ::: ., 1r~.,..,., ,,, .., 0. ;:;. 'O ., 0. '< ~ ., 0 '< ~ "::,., V ~ \) "' c,.., ~·,v-1 ~ ~ l)Q 5· _. 0 ::;· ., '!3. ::, jii' ;;:;· e ~ 'O 'O .,.., (') ,...... 0.., ";. >-l ::," "..... >-3 .., ~ 0 j;;' ~n-. ~5· ...... o-' ~ ~ 0 ' ::;· -If> en >-3 en L ~ '< (") " - t:rl >-3 c:: ri ff> c:: 0 ... -· n·~ ::, ;. ,.. " -Elt (i 0 ... c:: ;i .... '° l 0 (i 0 c:: ::, g l)Q ~- Ei ,. en en en " ~ ".., ",...., ,.., 0 l)Q ::, ;:;· ,,, 0. "'• �COMMONWEALTH vs._'---'i'--".....-2'-.~=--=-_.__---===-------------,,-:2.'-----"'=~==~~·~ I DESCRIPTION OF PRISONER Color _ _._Yt:--'---- Height 6--1 I .I~ Eyes __~ t-- Hai r_.:....~=--..;-7'---=----- Weight 7 z_ Agc;_--=c3----'--/Date of Trial~ ---=--__,1-'---=--/--__,~5~'1=---.--------------------------- ResultL-__ ,,,..."'----~-'i./42..-,::__:,==----------- I ___________________ _ ��SEARCH • 'f o ,'Merif WARRANT or any Police Officer of the said ~'l? {!() ~..........d;~ .............·········A,_has this day made oath before me that he verily ....J3~: ...~ ........................................ '......................................... ...................................... . ·--;-· WHEREAS, ......:.............................. believes th~t ,, ---- certain ....../. lo'cated in .................... 0 ~ .~ ••: •••~-:-••:-:.~••••• ..... /j······/j"·················District of said County at or near ....................... ~ ......... 1 .C~ ~~ ~~~. and described further asJXf-<f and'occupied by or in possession of....~~ ~ .·no .......x.~ ~- .......................... . ~ ......................... unlawfully contains, contrary to law, ..~ .......................' ....................................................................................................................................................... . and that such information was received through a reliable person, or that he has reasonable cause for such belief. THESEARE,·THEREFORE, In the name of the Commonwealth, to command you forthwith in the day or night to ' enter the said pre~ises above described and there diligently search for the soid ...f?.~ ~.....-d=~···-~········································and ~ ................................. . if the some, or any port thereof, be found upon �' r ..... -·'II".- , ~ ::i,. z,-..:i ~~~ .!"'" o· .; 00 9. ..... 4' ::i,. ~ ::r: 0 :,'CJ ::i,. tr:1 Cf) :" c > - -:z C, ,,<- "'1 0 > r~ ::c ~ l"1 rs: rs: 0 :z 0 n ..........~~.lt:;;7..~ Sher· -Po ... ..... ~~~~··· ·········..,~T;.·-;;. .....y',/7-7J7·· ... ~ C ~ Cit, ~ :, ~ ~ \ ', :• ..~::: ..:::=::=:~::==~::::::: in the County of .. ..................... ................. , 19.!i..i.~ by 7e~·;ching the within and arresting ............................................ ~ .... ~~J::.· The within warrant e~ted on the .....,':1./.-+.l:......day of.Y..~ describeJ premises and seizing the II (1) r ,:::: 00 ..... 00 �TRIAL JUSTICE COURT Criminal Docket N'.' 16835 Com'th V. Defendant A-ul Appearance Date Trial Date I A ��"}/Cfl O. I Docket No. .JU COMMONWEALTH of VIRGINIA ) vs. ) ) Felony ( sodomy) On Warrant GROVER FLICK fvv M. W. Fuller, Own ( X) Jr. Appointe (Z":~ ( ,p.d. ) 1 Feb. 21. Indictment &c. waived; accused arraigned and plea of guilty; plea explained &c., evidence heard, accused found guilty; imposition of sentence deferred, and accused committed to SWSt. Hosp. for mental examination and report. 9/; $4-. ~ ~-p.-~ ~1r'6-~/--7'- f~~- '1 ~. ¼1. ~'YI.~~~~ flr~-~-~--~; ~F-~~- ¼'i. (; CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co., Phila., Pa. � 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/. Title A name given to the resource Commonwealth v Grover Flick Subject The topic of the resource Felony Sodomy Description An account of the resource Defendant charged with felony sodomy Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1955 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_001 Flick https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_007_commonwealth-v-harold-kenneth-moyers.pdf ffc1d6d3b2fe346a6b5b37419dca44e3 PDF Text Text COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM,to-wit: In the Circuit Court of Rockingham County, The Grand Jurors the body of the Court of the Kenneth Moyers, County, unlawfully Asa Miller, of the Commonwealth of Virginia, County of Rockingham, said County, on the against June Term, upon their oath present 5th day of April, and feloniously the now attending peace 1958, did kill and dignity in and for the that Circuit Harold in the and slay 1958. said one Ray of the Commonwealth of Virginia. Upon the evidence witnesses evidence. of Trooper sworn in open court Arrington and sent and Radford to the Grand Jury Miller, to give �J j~? ' INDICTMENT COMMONWEALTH v. HAROLDKENNEI'HMOYERS Foreman A TRUEBILL Charles E. Earman, Jr. Commonwealth's Attorney ' �PRE-SENTENCE INVESTIGATION Staunton, Virginia September 8, 1958 NA.i"l\/iE: Harold Kenneth Moyers ADDRESS:Route #2, Harrisonburg, CITIZENSHIP: American Virginia MAH.ITAL STATUS: Married AGE: 35 (1-16-23) NO. OF DEPENDENTS:5 SEX: Male OFFENSE: Manslaughter RACE: White On August 20, 1958, Harold Kenneth Moyers was brought before the Rockingham County Circuit Court with the Honorable Hamilton Haas presiding. This man had been indicted on a charge of manslaughter; and upon being arraigned on this date, he entered a plea of guilty. This man was represented by his own employed attorney, Mr. Charles A. Hammer. The subject was found guilty; but on motion of the accused, the Court deferred imposition of sentence and referred the ease to the Probation Officer for a Pre-Sentence Report. It is reported that on the morning of April 5, 1958, at approximately 3:00 a.m., the subject who was operating a 1950 Buick automobile collided with a 1951 Plymouth in the village of Lacey Springs on U.S. Route 11. As a result of this accident, Mr. Ray Asa Miller, white male, age 50, was killed. The subject received a fractured left arm an~ injury to his pelvis and left leg. This accident was investigated by Tropper R. C. Arrington, whose investigation indicates that the subject's car struck the Miller vehicle in the south-bound lane. Persons contacted at Lacey Springs claim that this accident occurred in the subject's north-bound lane; but photographs taken at the scene of the accident by the Trapper clearly indicate that their impression is wrong. PRIOR RECORD: The only prior record found against in the Rockingham County. the subject was two traffic offenses, which occurred 5-25-54 - Improper passing - $14.25 fine and costs 1-17-56 - Speeding - $53.25 fine and costs FAMILYHISTORY: Harold K. Moyers is the second of five children born to Zellie and Bertha Weese lvfoyers on January 16, 1923, at Bayard, West Virginia. The subject's father was killed in a coal mine accident in 1930. The mother, who is now 54 years of age, is living in Liberty, Pennsylvania with her father and her 13-year old son, Robert. The subject has the following brothers and sisters: Walter, age 40, Detroit, Michigan Sylvin, killed or died in Korea at the age of 23 Mr-s. :EclnaWilfong, age 21, Frank, West Virginia Robert, age lJ, Liberty, Pennsylvania �(. �RE: Harold Kenneth Moyers page - 2 . . . . . . .... On April 8, 1946, the subject married Anna V.ia.eConley at Blue Grass, Virginia. union, which appears to have been congenial, four children have been produced. To this Doris Ann, age 9 Patricia Kay, age 8 Kenneth Franklin, age 4 Harold, age 2 HOMEANDNEIGHBORHOOD: The subject owns a frame home which he constructed approximately eight years ago. This home bas four rooms which are completed and tw unfinished rooms upstairs. This home is situated on approximately one acre of land located approximately one mile West of I.acey Springs, Va. EDUCATION: This man entered school when he was seven. This man attended the Vdddle ountain School near Blue Grass, Virginia, where he completed the first year of high school. RELIGION: The subject is not a member of any church. but seldom attends. His wife is a member of the Mennonite Church INTEREST ANDACTIVITIES: This man's chief leisure-time pursuits are reading and shooting pool. HEALTH: Moyers is subject to attacks of pneumonia. This man also received a shrapnel wound in his knee, arm, and head while in the U.S • .Army. As a result of the automobile accident, this man received injury to his neck and back, a broken arm, and an injured pelvis. As a result of this accident, his left leg is now approximately l½" shorter than his right leg, which would require an additional operation at the University of Virginia Hospital. Er- LOYMENT: This man entered the U.S . .Armyon May 8, 1943, and received an honorable discharge on February 8, 1946. As a result from injuries received while in service, this man receives $19.00 per month government compensation • .After this man's release from the Army, he was employed for approximately seven years by Mr. Bud Zirk on a saw mill in Rockingham County. In 1954 this man went to work for M.A. layman and Sons, Harrisonburg, Virginia, where he continues to be regularly employed. This man is assistant manager of layman's black-top plant. RESOURCES: This man owns real estate and personal property having a value of approximately and reports liabilities in the amount of approximately $1000.00. is500.oo ��RE: Harold Kenneth Moyers page - 2 . . . . . . . . . • RECOMMENDATION AND PL.AN: Inasmuch as the subject displays an excellent attitude, has a minor prior record, stable employment record; I am of the opinion that he would adjust satisfactorily be given an opportunity to do so under probation supervision. Respectfully submitted. William H. Ralston Probation and Parole Officer WHR:as and a if he should �\ I <::x', �COUNTY, VIRGINIA: IN THE CIRCUIT COURT OF ROCKINGHAM ~ COiMONWEALTII ) ) ) ) ) v. HAROLDMOYERS The said fore defendant, the bar ing his of this intention of Virginia him a writ Moyers, and the of applying for this said day appeared defendant of error, the sentence 1958, of Appeals pronounced rit o-:f-Virginia, enter into against that in the sum of $ a recognizance YJoo ~ of er or should the said Court, from the day on And thereupon and with Mervyl zance provided, Harold A. Layman, his and acknowledged of Virginia in this the said that Court should surety, themselves in the sum of $ )the said in keeping with Moyers~ by leave Je o indebted ~, Harold the entered into of the Court a recogni- to the Commonwealth conditioned Moyers make his above conditions, f: £fJJ_¥rb,( 1)1,,• is suspended upon condition defendant be- now signify- to the Supreme Court _____ ......... _____ the said ~a-/',_ 0 R D E R Harold Court ~ ~ cp_tp~ ~ ~J' as above; appearance then the ��said recognizance to be void, otherwise to remain in full force and virtue. The said Harold severally waive to this obligationo Moyers the benefit and Mervyl A Layman jointly 0 of their homestead exemptions and as ��5. P. • REV. 82 City are hereby summoned to appear In County Court before: /l II , M.,_f~-,._~_,q_~_-_rJ_l--'-"d'--__.--'{_,f."'-~-'-Al_N_c.:._· .... t---'h_,,_. _.....L./,_IJ:.._n:...:...,V.....:~::;.;....:..::"_>=--------You Judge,____________________ .,-,~ on..,. • ' - Other k 1 , 'l\.M' to answer for violating the motor vehicle laws of Virginia, to wit: nt~!2!::.~------PM, 0 t J./ nt ',.~~.OD Reckless Driving MPHZone 0 MPH 1n _a____ Speeding _____ Defendant's Signature ~- Chauffeurs No Operators License -~ -u = -~ >> = z ..:a CJ- :I: f.L4 t:l Ooz :I: E-i 0 E-i O ~ ~ ~ :I: ~ f.L4~ ~o= f' ,. /J Shield No. I I All traffic fines for Stale violations are paid into the Literary Fund for Educational purposes. I SEX IWEl~H:/ ' CODE HEIGHT FT. IN. ] ADDRESS 'ti Gl Gl ..a II, ai VEHICLE! 0 ti ~E~R N t,, 'ti :9~ - I MAKE , TYfE _, /,A ' CITY Gl Gl 'ti u Gl ic Gl - .. Gl II, o- JURISDICTION, COUNTY, CITY OR TOWN NAME OF COURT 0 a 0 Gl = .. .!:l ti I> a0 Gl .. Ji u ti OFFENSE DATE .ll .ll ., 'ti .. .... u .. .! Gl ] ~~ ti oi=: u t:l RACE • Oz ~g lllega~--------<LJ Summons issued under Title 46-Section 193, Code of Virginia. Failure to comply with this summons constitutes a separate offense. DEFENDANT <oo O I t I I hereby promise to appear at the time and place specified above Trooper C121940 DEPARTMENT OF STATEPOLICE 4.4.57 PENALTY PLEA CONVICTED GUILTY □ NOT GUILTY □ DATE OF IMPOSED LICENSE ::I YES □ tr Gl in SUSPENDED? Gl Gl .!!! PERIOD SUSPENDED .Q ;:: ti ::I 0 l) .. :s = ,s LICENSE YES □ SURRENDERED? SIGNATURE OF JUDGE NO □ OR CLERK NO □ Gl C121940 NAME OF ARRESTING OFFICER TITLE OF COURT This abstract ls filed by the Judge or Clerk of the Court having required by Section 46-414. of the Code of Virginia, as amended. OFFICIAL Jurisdiction of thla case as DATE �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Did not yield right of way Improper passing Operating wrong side of road-not Following too closely Failed to signal turn or stop Disregarded stop sign overtaking �Comp. Form 18 f STATE OF v_rR_G-IN-IA--~-•--1-.-_Roe ingu.a.m ______ COUNTY OF TO ANY SHERIFF No .._____ To-Wit: _ OR POLICE OFFICER: Trooper R.c. Arrington Whereas, ------------------------------------- Donalds. has this day made complaint and information on oath before me, -------------------- Justice of the Peace (Title) Evans (Name) of the said County, tha.L_______________ Harold Kenneth Moyers _______________________________________ th __ day of_A_p_r_il _______ and slay one Ray Asa M:iller, against did on th~_S_ kill _ in the said County and f eloni-ouszy _ , 19__58 : Unlawfully _________ _ the peace and dignity of the Commonweal th of Virginia. These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said County, the body ~~) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color ___ _ Address ----------------1 color Address _________ _ color Address ---------------- □ color Address ------------------ □ color Address --------------- □ ·--□ as witnesses. Given under my hand and seal, this 2oth ~ April ~a.J,9-~,l~ Justice ~'.Citle of Issuing of ~ne Peace Officer) (Seal) �- City .... STATE OF VIRGINIA-aomotX OF _H_a_r_r_i_s_o_n_b_u_r_g=--------------~ Le k J I. ____ o_ri_n __G_• ___ a__e_________ a Harold Kenneth Moyers and ____ M_e_r_vy ____ l_A-'-._L_a_.yma'--_n ___________ to the Commonwealth 2 500.00 ($ City - that State of Virginia, do certify in and for the C~foresaid, ~, as his suret Y , have this day each acknowledged themselves indebted TWOTHOUSAND FIVE HUNDRED------------------------------ of Virginia in the sum of Dollars ), to be made and levied of their respective goods and chattels, land5, and tenements to the use of the Commonwealth be rendered, yet upon this condition: That the Harold Kenneth Moyers said ___________________ Rocxingham of to-wit: County, on the , shall-appear 13t.h C~t County before the M---"a.y ______ day oi ___ to Court __,, 19----58.., at 2 P M., at HaITiS anbur g • ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said -------------------- shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. 2 9th Given under my hand, this April day of 19~. . - days _/ ~?-:::,~ e. J.P. ~ . .., ;. ... ;\\ '°%1 (i ... .... s· 0Cl) "' ~[ ~::, ... :,... ... >4 i::l-.-. ... "' 5· ~ .. (1) 8.. ;. s:~ 5 :> '°%1 (1) i 5· 0 :i,.; 0 tr.I tiC :z: p ~ !rj (fl >-:l a: 0 ➔ :z: ~ trJ > t"' .., ::i:: en ,., :,., "' IJq _... ~ 0 ::, ~ 0 0 ~ >-:l ... ~;. t:, :s ~0 ~~ t;'. > z s· \ -fh ~ "' 3 r' ~ !" ,., 0 "' ~ < l»C:: ,., 'O V"\ .... J ::t> ::, P- .., ::1 ::, .., ... 0.... ~ 0 g (j 0 ~ Cl) (j (fl 0 C 3 3 0 s 3 :s ;:.· ::, ... .._ n ;; ~ ... ... > ::, "' .... .... ~ ... ... ::, td :,~ 0 ::, .., s:> "' "' ,., .... ... ... a. 0 .., ... ::, ... "' '< ::, ~ 0 ::, ... IJqs· Cl) '°%1 "' ., ;,;- ~ :> .,., "' ... ~ ;; OQ ... td ~ >-:l ., E ~ ., "' ., C i::l- 0. '< ... " "' .... ::, 0 "' 0 "' ... ., "' r:::r ... 0.., ... ;. >-:l ... :,-... 'O 'O - i::l- i::l- Cl) Cl) ... g_ 0 0 ti) ➔ ti) 0 ~ g 0. !IQ s· sa ::;.- ! . ~ .... ::, ... ... (j "' 0 ~ C ... .., ~ ... 0 .., ... ... ,., (") 0 !IQ 0 C e. ::, .... ... ~ Cl) Cl) (.. .' N i::l- �,... COMM ON WEAL TH vs .•.~~~~~_J_~~~~~~_A_~~~ DESCRIPTION OF PRISONER Last known address --~):......=;:_--=-~-fl-=--"-/----7----------------------- , 'L,· - Colar _ _.L'---- Hair fiJ..1 Weight Marks_~~~~~~~-~~~~__ _....,J(.J~=:::!!....:"'l'-~~-----------------Occupation_-=--"--"'-"-e,=_,'.").,c,::~::::..-<._c::_ __________________ Date of Trial Result '2'.- / /- 7 ~ Q--. ?-Sc-,, Y & ? ~.,, c:LQ _ ��.. In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .. ....... T.RO.O.P..ER ..ARlUN..G:T..ON.. ................................................................................................ . to appear before the Judge o'clock, a. m., on the Commonwealth of the Circuit .2..0.t.h.day of Court of Rockingham .Aµgµ.st County, at the Court House thereof., at 9:30 ..... , 19 Q.~, to testify and the truth to say in behalf of the befcl're-tftt".'-6T.nrtl-Jtrry, against ........ JI.AROLP ..JlOY.ERS. ................................................................................ . who stands chaFged with and indicted for a felony -m1s<le~Mt0t1.And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, And have then and there this Writ. eL ..z~ JR., Commonwealth's :·;~:~~~::~~~;!~· at the Comt House, the .12th of • Attorney for Rocking,ham County and the City of the Commonwealth's Attorney �_.,.,_. 0/<;'-;F �CUTEO._r___lN THE COUNTY RGCKINGHAM BY D /�� : ... �• • REC£JVED I/ ?' ?'-'· AUG 18 1958 '.:_. ( _, \ '/ . .) HE IFF' S O FFICE , ,i: c o C R J- C , / --<' OUNTY ,M I L, �COUNTY COURT Criminal Docket 26324 N9 Com'th V. .) , vr' ct,Appearance Date +4- ,, /l ~. - Trial Date .J- - { !J - ~- 6- / 2.. _, S" J> cP A ��OCT Docket No. 3 /U COMMONWEALTH VS. Indictment j of VIRGINIA Felony (manslaughter) ) HAROLD KENNETH MOYERS ( c ,( d. a.c.$.~&-"""'~=-='--e,LL;!...C-· ~AL.,<a==~--'------P· Own f ) Appointed ( ) CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co., Phlla., Pa, \ � 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/. Title A name given to the resource Commonwealth v Harold Kenneth Moyers Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1958 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_019_007 Moyers https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_006_commonwealth-v-henry-thomas-yancey.pdf 0ef9ad4bd215948f8dd081b5536fc8c0 PDF Text Text STATEMENT OF HENRY THOM\S Y~NCEY Will My name is be 17 next Benry Thomas May 10th. Yancey, a 6 e 16, birthday l\Iay 10th, I have been told that I need not make this statement unless desire to do so; that everything I say must be of my own free will, and that anything; I say can be and willbe used against me in a criminal prosecution. • I have also been told that I am entitled to counsel. Nevertheless, I do make the followinf statement this 18th day of April, 19b0, in the presence of Commonwealth's Attorney George D. Conrad and Deputy Sheriffs B. L. iser and A. L. Strawderman. I On April 17th about 11 1 00 o'clock Raines. He said that Tommy Gooden was down there. I w2s on my bicycle. or 11:30 I got ~,.ith Sammy at Gray r,ray' s so we went ~hen we got there, Gray ~ay asked me if I wanted a drink of wine. I said I didn't care anythin~ about it. He said come on and have a drink. I want you to drive me to tovm. Raines was there workinr; with r,,:rs. Hall but Tommy was with me and heard this. Gray was mad at Sam and wouldn't give him any wine. Tommy, and of wine. Gray asked us to get I went home to Gray and me went down in basement and took a drink told us to come back after dinner. Then Gr~y•s 1:rother him some cigarettes and we went and got them. Then dinner and Tom went around to store to eat. We met back at the store and went back to r,1ay' s. Tommy and I took can to store and got two gallons of 12;as. All three of us paid for it. I paid a nickel and Tommy and Gray paid the rest. Vve put gas in car, then got a pop bottle full of wine from basement to take with us. Then we came to Harrisonburg. I drove the car to the ed,f.!e of Harrisonburg and Gray drove it in Harrisonburp because I didn't have a driver's license. Gray went in ABC store and got a fifth of Guggenheimer whisKey. Then he drove the car out on the Port Road and we took a drink. I drove the car from there on. 1.:e took several drinks on the way to Port Republic. ,Je went back to Gray's house; got saw, liquor and thermos of water and ~ent down and fixed some 4 x 4 1 s for a step in the camp down on the river near his house. While there we drank most of the whiskey. We cal"l.e back to house and got in for some sand for his chickens. Rode r.10re and then came back to his house. of wine to take with us but I wouldn't Then Harrison's ball this Tommy and I left house. I told cominr, Sunday. car and went to Harriston around a little drinking some Gray wanted to give us a fifth take it. and went over Tommy I wanted across t-o ask the road to Davy Lee Davy about playing �f �Page 2--Yancey statement When we went in Mrs. Harrison came to door and I asked her about Davy and she said he wasn't home. I went on in and Tommy stayed on the porch. I sat down. I don't remember very clearly what happened then. She wanted me to leave. I told her if she would kiss me I would leave. She kissed me and I grabbed her and she started screaming. I don't rem~mber pushing h~r down on the bed. It was my intention to get some if she would let me have it but I don't remember asking her for any. get When she screa1~ed, Mr. Hobart out of there and go home. His Earman came in and told me to son, "!tll, took me home. About ten last night, Sheriff Callender and Deputy Sheriff Kiser came and arrested me . I was not drunk when they arrested me, but I do not remember telling them that I asked Mrs. Harrison for a 11 t -i:; 1 e . I was very drunk and do not remember very clearly what happened at the Harrison house .. I did not intend to force Mrs. Harrison but thought she might give me some as I had heard some talk about her around Port. are I have read the true and correct above statement and the facts stated therein to the best of my knowledge and belief. ��p . u.Ll.1-., ...... ......................... . Unit .. .;J.. Prisoners Reportof Rockingham CountyJail College . Vocational .. Employed,.9.c.a Drug Addict ........ Inebriate Reason for Being in Jail..)-1.4..c../. . Reason for Release from Jail ...... ............... ....................................................................... ,................................ . State .... ✓ ....County Federal....... Offense ..a .... n--~.;..,..._~,/~ . . Navy ... 14... . ............................... Others .................................. . ~ ................. Fe!. ..... ............................................ ABC. ....................................... . Ins ............................................ . Date Committed 7--:-:-.j Court Committed ~,L6. Date of Trial;.:.,.J:-.:6.~tJ.. from ........................................................... Transferred Condition Date of Release.. . ............................. . From .......................................................................... Type of Court ...................................... . Reason for Transfer Physical ............................... City .................................... .. Town .................................. Arm .. . Miscellaneous Transferred .... Sentence Time . .... Cost .... Amount of Fine .. To ............................................................... . ...................................................................................................................................................... . ....Contagious Disease, If Any ..................... . ................ ..................... ................ ...... ............ Deputy and Jail or .................................................................................................. Sheriff �) ) �h • Y- 1qS--o pH,.~ J$~)~~JJ1 -½~~C\nt . + +~ r~ ~ ~ ~ ~~:x::;.~ CH -~ ~~ . \l CM? ,-.--.-- ~ ~,L ~- ~ t}._y_ m 11c/? ut~ l{: 1Y~...-f'...-?-4~~ �~-- ~ ..... -- ....---...-....-------~ • .,.. l ���STATE OF VIRGINIA, COUNTY OF ROCKINGHAM, to-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand for the body the circuit upon their about the and arms, a female and of court oaths 17th in of Erma Harrison, her, carnally peace said upon and dignity Erma Harrison and sent body did make of the indictment and Lester before 1950, with force years, unlawfully, violently, and her, strike and the being said abuse feloniously found grand Term, county, and by force Thomas the said Commonwealth is June she there will and of Erma Harrison, Erma Harrison, her in and now attending its in an assault, and of Virginia, HENRY THOMAS YANCEY, on or 1950, of sixteen said at that age then State county, the know against This court of Rockingham of April, did the County do present and the of the of day feloniously tent, the jurors with in- to ravish against and the of Virginia. upon the testimony Gooden, witnesses jury give to sworn evidence. of in �Commonwealth ""1'" A77t!'"1Pr£11 ) Indictment v. iP"-Pt" D. Conrad Attorney Gooden ~ Foreman 1950 Thomas Yancey bill: Term, Henry Felony June A true ~Q v-7 Witnesses: Erma Harrison Lester Thomas George CorMnonwealth's �IN THE CIRC IT COURT OF ROCKINGHA.MCOU~TTY, VIRGJl\TJA: CQt ·111 ONWE'\LTH ) ) V• ) ) HENRY THOMPI.SYANCEY ) If you find of attempted and fix than rape bis finement in the in fine not and charged at in Henry the death penitentiary in yo,,). do not the then ment accused, or Thomas Yancey, indictment, in your for life or him p;uil ty you will discretion for guilty any say so by con- term not less years. If battery, as the punishment three charged CHARGE TO T>-ill JURY jail find indictment, you will for exceeding but say a period five• find so and not hundred of attempted him guilty fix exceeding dollars, his of raoe assault punishment twelve and by confine- months, or by both as such or by a fine imprisonment. If you find him not guilty you will say so and no more. ��INSTRUCTION The Court in this the case, followins if instructs the warranted verdicts; I NO. by the to-wit: ,iury (1) charged in the indictment (2) guilty as charged in the indictment (3) not committed with overt when a male a female act person toward Assault another further instructed person carrying out and battery in an an~ry, rude, guilty is or indictment you may find one of rape attempted and that battery attempted to have her rape sexual will is intercourse and does any purpose. any insolent of guilty. and against that the of assault undertakes by force under evidence, as You are that physical manner. injury done to ��INSTRUCTIONNO. Y' The Court stitute the crime instructs of attempt the to jury commit that rape, in order to con- two elements are essential: 1. prosecutrix resistance The intention by on her 2. accused force toward and against her sexual will, intercourse with notwithstanding the any part. The doing the to have of commission some direct of the ineffectual crime. act by the ��3 INSTRUCTION NO. The Court presumed his to be guilt doubt, is and sumption entire innocent further innocence goes and applies The Court the accused doubt, tion; as the to the and where with to be satisfied, of every evidence therefrom leave any reasonable as proof of to the such beyond fact, and doubt they this throuGhout jury that beyond any prethe upon the find to convict reasonable to his reasonable must reasonable that essential the him until thereof. the fact is every jury prisoner stage must prisoner against the the every the charged instructs instructs proof that evidence further jury the jury crime by the court trial, the of the established the of instructs convic- inferences mind for the of the jury accused. ��INSTRUCTION NO. The Court the evidence attempted beyond against carrying out her down, then as charged in did that to have her that you the will, act that if doubt that Henry sexual such should find indictment, towards jury intercourse and that purpose, he thereafter no further the a reasonable by force Harrison lieve instructs as did taking any hold voluntarily though Mrs. overt Erma act of her toward or of attempted his throwing rape you may further abandoned accomplishment. from Thomas Yancey with hirn guilty even its he you believe purpose beand ��INSTRUCTIONNO. The Court reasonable rape assault tells or doubt whether of assault the but jury the and that merely they the the in must also they this guilt because jury accused and battery, and battery; be inferred guilt, instructs be is if facts inconsistent they have any of attempt to him guilty of guilty must find connection, of Henry the that the Thomas are Yancey consistent with Court his further is with not his innocence. to ��INSTRUCTIONNO. The Court accused, Henry constitute Thomas a defense The court or voluntary instructs Yancey, to the intoxication the jury is a minor offense further that no excuse the fact or a juvenile with instructs is _{Q__ which the for jury he that crime. is that the does not charged drunkenness �����'"'•h~~----~ --r~---_,.. -- ----,·-~ I I �Comp. Form 18-A STATE OF VIRGINIA TO ANY SHERIFF Whereas, Georf!e No_____ To-Wit: ROCKINGHAt COUNTY OF _ OR POLICE OFFICER: D. Conrad, Commonweal th r;,J,,n .... e;;...y---------- 1_..,,s__cA.....,t..._,t,.._ .....,o ..... __,_J~-~C~.___,,.S..u\=va.........._r_.t ..... z...._. _________ has this day made complaint and infonnation on oath before me, _ (Name) Clerk of the Trial Justice Couriof the said County, that HENRY THOT'iiASYA.NC~Y (Title) ___________________________________ did on the l 7th arms and upon there in being and feloniously did then and. -Srma rarrison __.n the said County one Erma Harrison, a female did there qf the feloniously said to ravish and ~rroa Hsrrjson :years, and her strike Commonwealth the of sixteen make an assault, feloniously and digni t;r of the age she violently, the ahllse said with and carnslly of Vire:ini then and ,ml awfnl J y Erma Harrison intent know, her, ae:ainst the the said neacA a. These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Trial Justice Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you arc also directed to summon _________________ color ____ Address --------------- □ _________________ color ____ Address --------------- □ _________________ color ____ Address --------------- □ _________________ color ____ Address ---------------□ _________________ color ____ Address --------------- □ as witnesses. Given under my hand and seal, this,_ .... l=B~t .... h...__A-~f-.,.--~~"'f'~.._,_,~•~-;,,---=-------, 19---5..Q_ ucr1k~6i:..,_ (Seal) �OF VIRGINIA-COUNTY STATE OF--------------·----~ I, --------------------- to-wit: Trial Justice Justice of the Peace a in and for the County aforesaid, State of Virginia, do certify that -------------------------------~-------------------------and have this day each acknowledged as his sure~----. to the Commonwealth ..,________ be rendered, of Virginia themselves indebted in the sum of Dollars ), to be made and levied of their respective yet upon this condition: goods and chattels, lands, and tenements That the said------------------~ of ------------------------ to the use of the Commonwealth shall appear before the . Circui_t Court Tnal Justice _ -, 19___ day of ____________ County, on the to , at -----M., at ----------------, Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in conne<:tion with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charise is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said --------------------from the date hereof. shall keep the peace and be of good behavior Given under my hand, this ________ day of ___________________ 19___ for a period of _________ d.ays _ ------------ T. ]., ]. P. () < 0 "' ~ c.o ::r: (1) ::l ::,11,l ::l p, c+ ::,I-'• (IJ I-' 0:, c+ ::,- t-3 c... ~ 0 I-'> ::l >-l 0 >-l 0 E E () 0 ~ "' U) 0 ::, 0 ::, 3 3 :f: n, ~ ;. ;:;.., 3 3 5· Jq ~ ::, (l) "' "' n, "' 'Tl n, t-3 ::,- ::,- 11,l CD 0 'i 0 !lJ re p, t::J sO CD (IJ H) 0 c+ ::i c+ I-'· p, I-'· 0 g ::l o' ~ I-'· (IJ I\) I\) 5 CD l)J ~ \.,J V1 c+ ::r' O'G l)J c+ 'i c+ ::r' Ill CD ::l --cJ c+ 'i 0 co 'i p, ID '-• ID CD I-' I-'· ~- 5, ~ c:: ::, p. .., "' :,;- 0 I-< Ill CD ~ () C (IJ I-'> I-'· 5, () 0 c+ 0 p. g p,, '< p,, 'O 'O n, p,, ..., 0 n, .., p,, ::, p. CJ" n, 0 .., bj 0 .., p. (I) p,, ;. (I) >-l :r' n, () 0 .., Cl) 0 Cl) I-' I-' I\) Vt N ::, I-' :f: 0 0 8 ,..., .., ,.n (I) 0 0 - r ..., 0 () 0 c:: ::, g 0 ::, aq ;:;· n, p. �DESCRIPTION Last known address ______ Color_ ____)([[' __ ~ f vs.)!&,,.~- COMMONWEALTH ~ OF PRISONER (j)....,a:,, _____________ ~----------~---------------------------~ Height_ __,J ______ Eyes __L____ Hair__~--- Weight__/~-~--- Marks ____~J_/(--------------·---------------------------------------------------------------------------Age _____/_ _ f---____ ____ Date of TriaL __7 .f ~-~~-- Occupation ___ - __] _________- _0 _______________________ _ cJ ______________________________________________ _ Result __J~---------------------------------------------------------------------------------------- ��· In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .....M.r ..~ ..! ..... E.:rm!-?: ..Ji.~;r.pJ~.Q:D:., .....L.~.~_t.~.r.'. ....'.J.1..! ................. . .Go.a.den.,.....a.n.o....B.•...L .•..... Ki.s.e.r................................................................................................................. . to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the .....~ ....... day oL ......J.1!.lY............................................................................... 19.9.0.... , to testify and the truth to say in behalf of the Commonwealth against. .......................................................... . ................... ....................................................... HE.NRY....TH.O.U~.S. ...YAN.GEY....................................................................... . who stands charged with and indicted for a felony m~demcimor. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, }PRQJ?>s.R+.£~:r~lil?.,-Gl&d,4>£.QUC-4,a,ig. ~w:., Tfl& U!llVICE PRESS, HARRISON ■ UI.G, VA, at the Court House, the ....28.th ... Attorney �~ l f;: ,~ (l) § g COM!viON'NEALTH 2 V. ( Witness 5: t-.::t HENRY ,~ ;7.0, 5- :, U) ~ Subpoena THOMAS. YANCEY ~ tJ !;{ July 3, • .%%.{DIN at $'a.m. ! i K!hu/z,~ ) I 7:.!! ,hEcUTE THE COUNTYor- ocKINGHAM BY DELIVER GA TRUE,_, I-JC,;~l.::li&ICIS-.::IIA-1 ~ �In the Name of the Common wealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ...........D.av.i.d....Le.e....Har.r.i.son County, Greeting: ...and ...Hob.art ......... . .................................... E.erman ............................................................................................................................. . to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the. .....3.r.d ..day oL .................................... J:ul_y ................................................ 19.....5..Q, to testify and the truth to say in behalf of the Commonwealth against .......Henr.y ..Thoma.S......... . .................................... Yanc.e.y................................................................................................................................... . who stands charged with and indicted for a felony tm~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J-~~~Ulilt, TNII S&llYICE PRESS, HAltUSONBUa.G, VA. at the Court House, the .......~ ......... �com. V Henry Thomas Yancey .Vitness ~ :, ~. David Lee Harrison Hobart Earman : J)~t~ ~~~~ ~~ ' 0 I' 't.. ~ .~~it~ r+ ::r CD ~ :l 'ti OQ C '0 I» 0 3 CD ;:; ~ ., O" '< 0. ., ,... ,... ~ " .D .. "') ' (:• .. :·, (!) Cf, •. ,... , t ':,/ ~ . Spa (J C t ~at•~ -;ft ~ �Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................... to appear before the Judge of the Circuit Court of Rocki gham County, at the Court House thereof, ~ g'clock, a. m., on the ...d./~day a ' t~ of. .... ......: ... ~........................................................ 19 ~. ''.'."t:;;~'!)rt::;.;-.~ ..~~::;;;::D.JU~~·· who stands charged with a felony misdemeanor. And this you shall not omit under penalty of £100. And have then and there this Wr~-~, s, J. ROBERT SWITZ R, Clerk of our ;a~dJ:l~rt, at the Court House, the ../.~~ day of. .... .~.......19 __/?., and in the ...../j..!/0i"55f --~---~~~-, THE SEif.ViCE PRESS• HARRISONBURC. 0 VA. J;he Comm7ealt~.:J--~ .. J Clerk ��Lawrence H. Hoover, p.d. In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ... .....L.e..$.:t~;r:".. 'l'.P.:Oµ/._q..~···0-.99.4.~P ....................................... . to appear before the Judge of the Cirrnit Court of Rockingham County, at the Court Home thereof, at IO o'clock, a. m., on the say in behalf 3rd ..day of the Defendant ........ ................................. .Henry of. ......... J:uly_, ...................... 19..5.0 to testify and the truth to ·in the prosecution of the Commonwealth against....................................... . ..Thomas ...Y.an.cey .......................................................................... . who stands charged with and indicted for a felony m,~U~1C And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ]. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ....... 29.th day of .... ..J.1¥.1~.J............. 19.5.9 .., and in the~. .... t e Co / �EXECUTEDU~ IN THE COUNTY61' ROCKINGHAM BY DELIVE NG A TRUE COPY FT TOl:::::l,~l:(.,jL£..r:z!:1.~~~~6i!::z:I~~~.,. INP ~,-~ ~~~- �Lawrence H. Hoover, atty. In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded to Sttmmon of Rockingham County, Greeting: Ho.ba.r.t...M.....E.a.r.m.an ....... ,................................. .. ................ to ajJpearbefore the Judge of the Cirrnit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the Jd ... day say in behalf of the Defendant . . .. . . . . .. ... . .. . .. .... . . . ..... . ... .. ... . .. ... ... of ............ J.ulY,. . .......... 195.0 .. to testify and the truth to in the prosecution of the Commonwealth against...................................... .. . .. ff.~.n.:~Y. . . +.P9.~~ ...:Y..~.C.~Y ................................................................ . who stands charged with and indicted for a felony ~r. And this you shall not omit under Plfnalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our sa;d Court, at the Court House, the ...1st day of ....July, ............. 19 .. 50, and in th ............ ��In the Name of the Commonwealth of Virginia: To the Sheriff Yott are hereby commanded to summon ................ HOP ...X'.'.t.......L of Rockingham .. County, Greeting: !,;.-.:rm~,n .......................................... .. to appear before the Judge of the Circ1tit Court of Rockingham County, at the Court House thereof, at IO o'clock, a. m., on the say in behalf of the Defendant ................................................... .3.9: ...day of. ....... ..JU.l.Y, ...19.50. to testify and the truth to in the prosecution of the Commonwealth against...................................... .. ~.. A~Y. ... ir.t:i~ .. : .... ; ... '!<:-:~C!.~.Y. ................................................................. .. who stands charged with and indicted for a felony iii&U.m.tiiiJior. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ]. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ... S.t ............ . Jay of ...,JJJ.l,: , ........ 19.5., ~J m th, l.741fj',j/ th, Co~ · ){4'~£~ , C/,,.k ��Trial Justice Court J. D. R. Docket No. --&1.-23 Com'th v. Henry Thomas Yancey AW nate Arraigned Trial date 4-18-50 4-18-50 4-18-50 �GD C AW �Docket No. 2400. J 0 COMMONWEAL TH of VIRGINIA ) ) Felony ) vs. (att.rape) HENRY THOMAS YANCEY L:::::a::...:.:w:..::_r=-:en=-=c-=-e--=H=--=-. -=H.::....=o_:._o_ve_r_---;---;-----P• d. Own (X ) Appointed ( ) 1950 June 21. Return of Grand Jury; Arr., plea n.g. _I-I.if J . u(} CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. �� 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/. Title A name given to the resource Commonwealth v Henry Thomas Yancey Subject The topic of the resource Attempted Rape Description An account of the resource Defendant charged with attempted rape Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1950 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_016_006 Yancey https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_004_commonwealth-v-hensel-raines.pdf d6e05bddce3c5ee132e13d5023dd0bf9 PDF Text Text STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: I IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY: The grand jurors of the State of Virginia, of the County of Rockingham and now attending said County, at its August Term, 1950, that HENSELRAINES, on or about said County, did unlawfully person, namely, dignity of the Cormnonwealth. This Marie Gooden, witnesses jury to give evidence. is found the Circuit upon their oaths day of October, and feloniously Marie Gooden, indictment the 1st in and for the carnally by the mouth against on the testimony sworn in court and sent body Court of do present 19'-',, in know a female the peace of E. E. Kiser, before and and the grand �bill: A true George D. Conrad Commonwealth's Attorney Marie Gooden E. E. Kiser WITNESSES: Term, 195_Q INDICTMENT Au~ust FELONY HENSELRAINES v. cor.moNWEALTH ' �SOUTHWESTERN M.t.RION, STATE HOSPITAL JOSEPH V'1tG NIA R, BLALOCK, SUP'ERINTENDE:NT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS August 21, 1950 Mr. J. Robert Switzer, Clerk, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Hensel Raines Dear Mr. Switzer: I am enclosing in duplicate a report to the Court concerning the mental condition of the above-named. It would be appreciated if you would transmit the original to Judge Ford and retain the copy for your files. Very truly yours, ~~.~Joseph R. Blalock, Superintendent. JRB/jp Encl. 2 M.D. M. D. ��August 21, 1950 Honorable W. V. Ford, Judee, Circuit Court or Rockingham County, Lur~, Virginia. Re: Hensel Raines Dear Judge Ford: The above-named was admitted to our Criminal Inane Department on October 15, 1949, having been conmitted by your Court for observation end report. On December 15, 1949, we reported to the effect that we had found hlm to be insane or psychotic, and that he was at that time improved. I am writing at this time to report that this man has recovered from his mental illness and that he is not now insane. Re pectfully, ~ ~,~. Joseph R. Blalock, M.D. Superinterdent. JRB/jp �.r �DEPARTMENT of WELFARE and INSTITUTIONS DIVISION OF CORRECTIONS THE PENITENTIARY RICHMOND 19 November 19, 1951 Mr. J. Robert SWitzer, Clerk Circuit Court of Rockingharr1 County Harrisonburg, Virginia Dear W.!I'. Switzer: with reference I am in receipt of your letter of November 16, to Hensel Raines, #59709, for which I thank you. I do not Wish for you to get the impression that I am questioning in any way the judgment of the court in this case, but have simply been trying to straighten out the facts and it was at the request of Judge Snead, Circuit Court, City of Richmond, that I wrote to you on November S, and to Dr. Blalock on November 1. We nave in the City of Richmond a number of lawyers that a considerable aTIPunt of their practice is in bringing writs against the Superintendent of the Penitentiary where there is the slightest grounds of their Winning a case for some inmate. In 194h we had a similar case to that of Hensel Raines that went t0 the Law and Equity Court, City of Richmond, and for your information I am attaching a copy Habeas Corpus Proceeding in the case of Maury C. Perdue against W. Frank Smyth, Jr., Superintendent of the Virginia State Penitentiary. The facts of this case were that Perdue had been arrested May 29, 1928 and held in Mongtomgery County Jail until June 4, 1928, when he was transferred to the Southwestern State Hospital. He remained in the hospital until January 1, 1939 when he was transferred back to Montgomery County Jail. He was tried on Juihy 13, 1939 and received twenty years for second degree murder, and at that time was not allowed credit for the time he spent in Southwestern State Hospital. One of these attorneys brought a writ in Law and Equity Court and P@rdue was released on a Habeas Corpus proceedings. I am not sure whether this case ever went to the Supreme Court, but Maury Purdue was released immediately. I simply pass this information on to you in accordance with the last paragraph of your letter where Judge Haas would like the opinion of the Attorney G1neral for his guidance in the future. I do I ��Mr. J. Robert Switzer 2 11-19-51 think the Attorney General has issued any formal opimon on this matter, but on several occasions various prisoners have had the matter up and have received credit for the time spent for observation in mental hospitals. Very truly yours, W. F. Smyth,. Superi ntenden't WFSjr/vh Enc. r. ��Hon. Haskins Hobson, Judge Luther Libby, Clerk VIRGINIA In the Law and Equity Court of the City of Richmond, Part Two, the --8th---day of ----March, 1944. plaintiff) Maury C. Perdue, ) against ) W. Frank Smyth, Jr., Superintendent of the Virginia State Penitentiary, ) ) defendant) This day came as well the petitioner, Walter E. Rogers, Assistant this Attorney by counsel, being taken and detained, General of Virginia with the return which return of the record herein; by and the said respondent before trial, in the county jail the periods of his sentence, and that served his sentence,and is illegally dent having excepted to the ruling was thereupon paroled of sixty in the penalty C. Perdue before Court and shall Hospital allowing of his sentence, discharged day rendered from custody; for a writ herein, days from this this of has now in the custody of the respondent, of the Court and having indicated of error and the responhis intention to and supersedeas it is ordered that this judgment day; and the said Maury C. Perdue acknowledged themselves of $2500.00 for the said periods in the custody of Mrs. Gladys Barker, who together Maury C. Perdue respectively of Virginia after detained apply to the Supreme Court of Appeals of Virginia to the judgment of the Court this confinement, should be deducted from the period on the period that he be forthwith be suspended for a period and made a of the petitioner's the said Maury C. Perdue, and good conduct time as credits ordered is now filed and in the South Western State under the order of the Court, it is therefore showing the day and casue of his being in writing Criminal Insane, confinement the and the Court having heard the e-vidence and arguments of counsel and being of opinion that fully as the respondent, day produced in Court in obedience to the writ issued in this proceeding body of Maury C. Perdue together part Habeas Corpus Proceeding. conditioned to be indebted for the appearance with the said to the Commonwealth of the said Maury Court on May 9th, 1944, and not to depart thence without in the meantime be of good behavior and violate leave of none of the laws of the Commonwealth of Virginia. It is ordered that of the Virginia State a certified copy of this order be forwarded to the Superintendent Penitentiary. A Copy Teste: By: /s/ Luther Libby Allen L. Lucy, D. C. Clerk ��I --------- INSTRUCTION The Court cese instructs is of itself defendant, guilt; jury a mere accusation and is not of i'!!rself, and no juror against the defendant, in this ca s e . II- the IJ- #,#. Jo should permit because that the indictment or charge against any evidence of the himself in this the defendant's to be influenced or on account of the indictment ��---------- INSTRUCTION The Court defendant in the instructs the to be innocent indictment jury until by the Commonwealth, reasonable hypothesis This presumption of innocence the and applies entire after case, having heard have e reP.sonable whole case, against however the the guilt of the indictment, the benefit strong, greater charge goes with of the doubt must be proved by the to the exclusion ith his the defendant stage innocence. throughout thereof, in the of case, and if, the jury of the eccused upon the essential to prove cherge is their duty and find of the guilt evidence to give of the made the defendant, nor is it of the but to warrAnt the him not guilty. to convict, or preponderance indictment, as charged gu lt of the doubt 1s not sufficient in the evidence it of the probability weight e.nd consistent at every guilty the by evidence doubt, or as to any fact Mere suspicion if all him in the defendant the law presumes he is proved beyond al 1 ressonable every that evidence his beyond all sufficient supports conviction, reasonable his doubt. ��IN STEUCTION --------- The Court such a doubt the es may be honestly to eny substantial offense instructs charged. and materiel jury that a reasonable doubt end reasonably entertained feet to prove essential is as the ��The Court instructs the did not go upon the witness must not be looked even a circumstBnce I/ - 1.J- ,- Jo jtiry stand that to testify upon or considered showing the or tending fact that in his defendant own behalf by you as any evidence to show his guilt. or ��INSTRUCTION __ J________ If the jury w&s an insane man at the indictment, right believe (that is, from wrong, or restrain his offense. I/- 11- Jo ff 'JI, from the time _ evidence of the that offense he did not possess Hensel charged reason Raines in the enough to know or if he knew, had not the power to control actions), they will find him not guilty of any ��COl1:IT1~0NV,'EALTH vs. HENSEL RAnrns IHSTRUCTIONNO. The to court punishment to be able for to further instructs be and to sane instructs and reasonable at the the time prove jury. ri£;ht ju~y that crimes, he in the his cannot the acts in insanity sufficient from v:rong. until the jury question, but at time that court presumed of reason contrary on having of subject understanding man is the is The degree rely minds a person of every for his that he be a sufficient that of if jury possess doubt on him to of the cr~me distinr;uish be responsible proved, the L the to to is created asto to a his sanity burden the is satisfaction ��INSTRUCTION I ---------- The Court the prisoner, they shall instructs by reason so state the jury of their in their that if believing verdict. they should him insane, acquit that ��~Ill L-il'i~ Ckf" j. H . dcrh!0o~)~ • ~~ ~~~tu flu ~~-h_ /LtJ.I) ~ ~ I ~ WLR}) ~ ~ ~ ~. ~~ ~ ~ rlAJ ~ . ~ ,L,'l_ ~ f I ~ ~ -~-----J ~ft- L ~.L.;., "<~cf-] ~ ;70~£./2___ ~1-~ ~ ~ .cr, ~~ j ��.,.. -+ ,- .;- I H- + �1'1'.11 + --- �IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY, VIRGINIA C0111'.lONiVEALTH v. CHARGE TO .JURY HENSELRAINES If you a crime will against say accused, nature as for his Hensel charged in punishment a period not Raines, the guilty indictment, by confinement less than guilty of of one nor you in more the than years. If nature you but charged in fix his not exceeding five hundred If more. the so and fix pententiary three find do not find him him guilty the second p1mishment you find indictment, by confinement twelve dollars find of assault months, and battery you will say as so and for a period or by a fine not exceeding fine and imprisonment. you will say so and no guilty, in against jail or by both him not a crime such �F/C �COMMONWEALTH VS. DESCRIPTION Last known address __--- - ---Color_ __}(_ __ ____ ~ 0-,(~,..{ 7~ OF PRISONER ---7~ ---------------------------------------------------------I't Height_ ______:-:___ Eyes ____I_-- _____.._ Marks ________________________________________________,.,..,........ Age ____ -~--......,.,.----____ Date of Trial_ ___ .I/// Occupation ___ ;;j_ _ ~~-1 __ __(/ Hair_ __G_ ________ Weight_ __( ________ ______________________________________________ _____________________________________________ ________________________________________________________________________ _ Result ___________"l,,:_~------------------------------------------------------------------------------ �1 �f)1 (j) t1 j_ Commonwealth vs. On an indictment #1 Hensel accused, county day came the attorney Hensel Raines, and came also Blatt. was brought by his And from persons venire facias, twenty duly qualified persons Jas. L. S. Geil, stitute the jury, verdict ·this .. C. Hedrick, Harley of the cwrt jurors to their dict: fi!Hxx of carnally "Indictment tentiary. Robert er if pronounce delay prosecution his and truly for Lowell Hugh 0 1 Donnell, recover Lewis A. as aforesaid to con- try deliver- and true at the #1. court herein, bar and a and having their And it on him and nothing is therefore of the said and that being considered Hensel he be confined Raines the and after he following find Hensel Raines as charged 2 (two) received of counsel, verdict, and returned at b~x foreman." room during the argument We, the jury, punishment court years being offered guilty! in the Peni- inqulhiti'd of the should or alleged by the court that the costs incident in the penitentiary ver- in the in- anytj'l.ing he had or knew to say why the court it the therefrom F. Garber, from the and heard into F. Garber, sentence thereof, monwealth selected knowing Marie Gooden by the mouth, ahd fix containing namely: Robert room to consider came again dictment, prison Rhodes, the evidence the instructions some time they a list Wayne Lohr, of and found struck twelve, were excluded Having heard were sent a writ according to the law and the evidence? :mocxmrx±qx on motion of Thereupon,/the attorney for the commonwealth, all and spectators trial of this Harry by the court the commonwealth and the prisoner he:ar.rix±J1ECKXiriim£KX witnesses under who each alternately and C. W. Cromer, render sheriff was handed to the attorney were sworn to well ance make between and the appointed, Whereupon, the remaining Wm. Z. Mauck, W. G. Fries, Crider, by the heretofore from exception; persoos, T. H. Lowery, court were examined commonwealth and the accused, Hoover, into summoned by the sheriff twenty the names of four for the commonwealth, attorney persons and free names of said true (sodomy) Raines This the for a felony not in the com- of this to this state �for the term of two (2) years.at to jail until tentiary, hard labor. he can be delivered to an officer to be removed and conveyed tentiary house prisoned and treated aforesaid. of this This commonwealth, is to begin of the State to the public therein in the manner directed sentence And he is remanded and peni- to be held and kept im- by law for the term at the completion month sentence this day imposed on this b¥ a~eement of cGunsel, which caseA-t,s heard along witfi this charge defendant of the four- for a misdemeanor, for a felony. -- ------- jail Peni- - --- - ------- • + /_r-1," ---- - - --- - _.,_,1_ -----++- - - / I - -----¥- ---.1.---- _,f - ---a..+------ - - - --- - - ----------------- -------- ...._ +,-- ~- - - - -~------------------------------ ---- --- --- ---- - ---- -- ---- ·--------~------------------------------------- �O co: Honc~abl Circu·t Luray, .•• Ford, J Court of i1•g...ni • r 15, 1949 ~ ge, c'.inglu Cou,~ty, . : Henael laines. Dear Ju ge Ford: "'h • oov -n. · nGo.ne JJQpG.rt• been committ nd re \.&S 'tted to our ·nr.u.nai· nt on veto r 15, 1949, aving by . our Cvurt for obaervution rt, l ,l. \. ~t· ng ... repo1-t that -v::efo 1 n t is .. 1 to b in:mne 01· p:lychotic • His pronont condition i tl "'t he is i.r,1p1·ov but Mi ·•1· n t yot in position to report t.at e is recovered, .cepecti'ully, /{ ---~ .... ' . ,. ,. �• I • �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon .......... Clar.e.nc.e......LJ:aQ.k.L.R.e.e ..9-:Y. ........M;r..~.~ ..... C..9.:r..~ ............. .(.Th.o.mas.)....R.e.e..d.y., .....C.., ..... K.?..@~.th...R?.-.Y.t ....J3..~.1Jl.@ ....I:t.~Y.., ...... ~P..9: ....G.h~J~ ..~.... Ray to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10:00 o'clock, a. m., on the ....l4thday of ............... Nov.ember ..:·····················•·•······························ 19...60..., to testify and the truth to say in behalf of the Commonwealth against ...................................................... . ............................................................. ll~YNARD....S.P.EMC.ER ....C.R.A.WF.QRP. ...................................................... . who stands charged with a~d indicted for a felony m~d-emeanor.And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J.R~R::r~:i.:r~~P.,-Gl.@t.4<.oOt:s\oK-s!Ma.Qettl't, at the Court House, the ...9.th. ...... . day of... ....N.ov.emb.e.r. ............ , 19..50 ..., and in the 1 TPIE SEIi.ViCE. PRESS, HARRJSONBURG 0 VA, �s:: ~ wotnndlng • ~ ,..... > i::::i p::: rf.l p... ~ .µ •r! !"£10 OS • • -.o 0 <l) .µ rl ~- At# usual place of abode.~ h;s -family abov ~................. In person, rr1 qot:1... at hi& U~\u,., I by delivering a t ~J ~ <:l fJIQ1nO'-x. urq 1JM aq7 Jc "'IJz;..z,0.- ll"T?D?' ·uosJeci ................................ , being ·a member of d exolalnh,g tn'.:t o:,rot?1·t th..,,1,-.,,.... at said ...~. - ,('-',. - · ..ll.:::...9 true copy of this ..~ .~-ML u ~ o..J ·G7uowwns &c4t (/Y'au . ~~- E--t 0 ~ 0 l> <l) ~o:l H r-10 s;:jl •• rl mm • 11) ., "" RuTJ~AfT9t> place of abode, Executed 0 0 ~ ~ 5 _. ~ t-1 ~ <l) rl.l rl.l ~~ o-ei:: z p::: 0 '§ rf.l ~ p::: ~nJ'1 p.. 0 <l) s:: o:l rtri·) ---------·------- ~- �In the Name of the Commonwealth of Virginia: To the S7iff You are hereby commanded of Rockingham County, Greeting: ....... E .•....E .......Kis.er..,v C.aldwe.11 .................. ,.............................................. . to summon ..........Ma.r.i.e .....G.o.o.den., ....Tr.pr ..................................................................................... .and ... R:uf.e ..... to appear before the Judge of the Circuit Court of Rockingham at l0:00 o'clock, a. m., on the. ..l3.thday 9:30 County ,at the Court House thereof, of...: ......................... N.o.v..e111b.er.......................................... 19..50 .. , to testify and the truth to say in behalf of the Commonwealth against....................... .................. . ·•······•............................................................. HENSEL ...RA INES ..··············································································•••··············· who stands charged with and indicted for a felony ftM68@Dl<!4lR8{'. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J,R.oBER-T...SWl-T•l~R ..;-Gl-e~ day of.. ...Novemb.er ............ , 19.50 ... , and in the THE SERVICE PR.EU, HARRISONBV&.G, VA.. @1,lot-SQ~-GowK, at the Court House, the.J. J:th ........ �~ ~ g. l • b" \ s (D ~ CO!.U.!O:N\!EALTH t: c-+ v. ~ . 2_ UP· Witness ) :-IENSEL RAINES To November 13, 1950 9:30 a.m. g ~ Q. (I) c # ~ ~ ~ ----p - -- a:. r; ., tl Subpoena C or • .I ,c:_ ~ ~1411~0 �Commonwealth of Virginia: To the Sheriff You are hereby commanded to summon ........~.... of Rockingha ...................................................... . ~ ....~~.~..E:.~ ..z..~~-························································ ... to appear before the Judge of the Circuit Court of Rockingham County, at the Co1trt House thereof, 9.'. ...... day of........ at/8:60 o'clock, a. m., on the ....,;i.... t~~ 2.~ ............... 19 SJi.., t.= b,f~, th, GR,\~~ JU~~ who stands charged with a felony mH~. And this you shall not omit under penalty of £100. Witness, ]. R:@#lUO SWIT71tR;:Bi~zrr And have then and there this Writ. said~at the Court House, the ..?:-:.GI............ day of. ..~......... 19£c.l., and in the .................... yea~~monwealth. ~·····~~ ~:1':t• THE _SERVICE PRESS, HARRJSONBU.RG, VA. 9:Y::f•:S?~-~ �~~~ U; ~/i ~~1//fXJ ~-c;,~~ ~~H•ro �In the Circuit ~o iE CO Court f.,TH OF VIRGI S,, RA commonwealth court by the being also pres regul rly in lot arraigned, t Southwe heriff by off h tern n ions of this directe, said nd it this the tion rov Hensel and entering) grand a or Section oon n 1oea Atteste at arry And it r t..i Blatt, it 'arion, his e i or t e criminal Virgini Code of Vir may be prnctlcablo, for th ace to deliver tio puton is hereb , for propor ment l condition, 1n whose cu tody nd from be a dot r- o o in ictment, appearing city, should C 4909 of th to s 1d !osp1tal into been of this to the d partment concerning county, that n th Hospital report heretofor a physician on ed y of not guiltyo day in open court nse char ttorney, and having plea ers, was brought for th t tho accu od has been jury ant red Stat 1949 came the attorney nd his ppearing be oonnn1tted fortho A Cop: county, nt 1 ORDEREDthat th of this nt; oft for ob erv {breaking accu ad, Hen el R ins, of Dr. Fo L. heard mination f lony for day of October, nd the sheriff from a report trial 14th and hav1n vldence Virginia ES Tb1s the the County, IA On indictment V • set of Rockingham purpose ni insane c re, pursuant e ed 1a, nd th 1s· hereby the bod- oft..~ hereinbefore to �nl' ( lV l �DIVISION OF CORRECTIONS THE PENITENTIARY RICHMOND 19, VA. Return if not delivered in five clays Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisohburg, Virginia ��GOJv1Jvf0(WEALTH,OF BAR October 12, 1951. Mr. J. Robert Switzer Clerk Circuit Court Harr1sonbur 6 , Virginia. Dear Mr. Switzer: I received tne papers that you mailed me in respective cases of Hensel Raynes. , The order of November l~, 1950 does not disclose the entry of any plea in the sodomy case. Please advise melfthere exists a previous proceedines showin 6 an arraignment an& plea in the sodomy case. Kindly make me a copy of what ever orders in addition to the ones mailed me that &.ppear on the order book involving the three cases tried in November 1950 includin 6 the order wherein he was sent to the inst~t~tion for mental examination. Let me have bill for this additional matter and will remit at once. I surely appreciate your prompt attention 0 iven my lash letter, I should have written you earlier. l feel that there is a probability of savin 6 Raynes the additional year ordinarily given repeaters in the Richmond Circuit Court. liis hearing is on ~ednesday. the Very respectfull (J).J ��W. LAW OFFICES A. HALL. 716•717 LAW JR. BUILDING RICHMOND, PHONE RESIDENCE OF VA. 339!57 PHONE 21445 October 9, 1951. Mr. J. Robert Switzer Clerk of Circuit Court Harrisonburg, Virginia. Dear S1r: Kinctly send me a certifiect copy of the two 1na1ctment!!_ upon whicn Hensel Raynes was convicted for housebreaking on May 18, l'd44; and cert1!'1ea copies of ttLe two oro.ers or trial and sentence on such date • .n.lso sand. me certified. copies of ttle two indl-9,.tme dtfi and certified copies of the two orders of trial and sentence in ;November 1950; ne was sentenced for sodomy on November 1~, 1950, and tiousebreaking on November- lo, 1~50. Also tae warrant for misdemeanor and order of conviction thereon, whicr, took place at same term of Court. I would k1ghly appreciate it if you woula let me have these records as quickly as poss~ble as I represent him in repeater proceedings in tt.;.e Ricr...mond Circuit Court on October .l'7th. ��November 16, 1951 In Re: Hensel JJ.r. ;. aines , S p rint e c_cnt F . S yt . , Jr. The P eni ten tie.ry R chmond 19, Vi 1inia Dear Ur. 8-:nith. Replying to your letter of November 5, 1951, in r ...trd to Hensel Rines, I do not quite und rst·nd your letter. On A ":'il 5, 951, I ...t·o..,e yo,, th t R· ines 1as g;i ven credit fer all of the time he ·.v s confined in j 11 or ct Marion except from Octo r 14, 1949, ·.1f.m ·he ·.~s directer to be sent to ~erion, until August 21, 195, ,hen he WLs dee ared .:ne by Dr. Blalock. I ot P.r va. d:,, {!1ile he '• s insane the court did ot a lor any ere· it for that ti1..e, t; t o y for t· time th.at he ~as ne. H .vas therefore given credit on his ~our-month sent-ence for 100 days on his trial held on Nov m~er 13, 1950· and an the trial he.}..d for n felony give 19 d·ys credit. o l{ovemb r 16, 1950, he .ms I had this matter up with Judge Hai.;.s today 1;... a he is no"t clear as to wh t er R •ines shoulu v-e rud crcdi t for ,. 1 of the • imo he S!)e t ~ t nrion or .f r ny part there f, but he reite t ted t ,,d~ c:t the time he •1:as !cle~1tenced h. ·,as not to be riven ti-rr, I credit .,L for~ '·,ns decl&.red m:a.einc trJ£t Judge the a+<torne-y ganer y time Epent o .• ~ion except sane by Dr. blalock. H•,, s rould like 1 fo .....Li~ ·~~::.. ·rnce to h;;v ~ the fron the opini n of in ~1e future. Yours very e .,., - ...., tr ly, E -oMEtH:? - nr in �C!Lltrk's ®ffi.c.e Qtitcuit Qtourt of ~ockinglfant <!Lount}l HON. W. V. TWENTY-FIFTH f"ORO, JUOICl~.L LURAY, JUOGE CIRCUIT VIRGINIA 1,&;Nrrisnnhurg, llirginht DEPUTIES HARRY MARGIE J. ROBERT 5WIT2£"1, CLERK MARGARET LEE BRYAN BOWERS 9. WENGER L �of DEPARTMENT and INSTITUTIONS WELFARE DIVISION OF CORRECTIONS THE PENITENTIARY RICHMOND 19 November 5, 1951 :Mr. J. Robert Switzer, Clerk Rockingham County Circuit Court Harrisonburg, Virginia Dear Mr. Switzer: With further reference to the case of Hensel Raines, our #59709, who was sentenced in your court on November 13, 1950 - two years in the Penitentiary for Sodomy and one year for Housebreaking to run concurrently and received in this institution January 2, 1951. - Since Raines had preViously been sentenced to the Penitentiary it was necessary that we take him before the Circuit Court, City of Richm::>ndto be tried as a Repeater, and during this trial Raines appealed to Judge Snead with reference to the time he spent for observation in the Southwestern State Hospital at Marion, Virginia. As a result of his complaint Judge Snead directed that I write to Dr. Blalock, Superintendent of Southwestern State Hospital,requesting the dates that Raines was committed to the hospital and released to the Harrisonburg authorities. In accordance with the Judge's instructions I wrote to Dr. Blalock and he advises me that Raines was admitted to criminal insane department of the Hospital October 15, 1949 and was discharged September 27, 1950, consequently he would have been at Marion for eleven months and tvrelve days. In response to my letter of March 28, 1951 with reference to the matter you advised me that he was due 119 days credit, that four months of the time he was in the Southwestern State Hospital was credited to a four months misdemeanor charge. Apparently this would not account for the total time that he was in the Southwestern State Hospital and jail before being brought to this institution. Before making a report to Judge Snead I would like to clarify the matter so that there would be no further delay in senten ci..ng Raines for second conviction. ��Mr. J. Robert Switzer Any light greatly WFSjjr/vh appreciated. that 2 11-5-51 you can throw on this matter Will be • ��April S .. 1951 W. Y. Sn7th., r ,,"'~ -. .., • -:-"- V ...... De •., ...,. ••,,,_...·~·'l ., .... ,t rtme!1'1'. J . '"it C'")rr·-~t1otf· .,, , • .,,~ u -.w -'" . ..,. i 0 Q n.;.1·arv \I ' ,I on ~ 19, V 1::.:'.i.nia n 1·,:-·;,J,.,·::o 7our ".:'at; to ild • .3. ! r c.l: :·J :Ji~il J at fro. .... t n ¼ a. ...1.('[ J :,; • of i."1 Y'O ? , 195-, ...~1.nE:•· wns gj. en ro1it 11 J ..:.·.:. or at ..u, ... ~r J./{,, -~ 49., •rhen 10 s d reet• 2 , 1950, ,:.1 en .:..1::!t1;1;;t.· e C ,1. I He ,-+.J r ';ltu..r. ed '..l, ro r ....1.onth ~.:;.nt- ...1;~ f',r on 1· v~·~t r 1:~,, 50, r~1ony n vem.b r 16, f'or 19 d Y'"'· :>rt1·t. C1.d z. r ,.,..., ~,....,..•r .J.. T crc~K ~OBEtl.l. 2MI.L:S: v,JV8CVl:5E.l V\IV~CIE l:S H. M. M' ._htt.1~!tIOUJJ.Ut.il•J!ff..fl!ll!~ 1noeE HOW BEtUtllfl'I (itf .tll!l (itUU'tf O{ JfOtflflltJflgm BHVlllnW 80MEH8 F.DCVli OEbn.J.IEa (itOfUJ{Jl 21bE �(!tltdt's ®ffi.ct Qtirtuit <!tnurtnf Jnrking4am <!tnuni!J HON. H. W. BERTRAM JUDGE J. ROBERT ~&rrisonhurg, ll:lirgini& SWITZER DEPUTIES W. EDGAR SIPE MARGIE CLERK MARGARET r t- - BOWERS BRANUM �W. F. SMYTH. JR. SUPERINTENDENT DEPARTMENT THE of CORRECTIONS PENITENTIARY RICHMOND March 28, 19 1951 Yr. J. Robert Switzer, Clerk Rockingham County Circuit Court Harrisonburg, Virginia Dear Mr. Switzer: In view of the fact that your letter of March 3, and my letter to you of the same date crossed in the mail we are still not quite straight on the exact jail time due to Hensel Raines, our #59709. It was our understanding that the 100 days you mentioned in your letter was the time he spent in jail on the four months jail sentence, and should not be credited against the penitentiary sentence unless the jail sentence was to run concurrently. The 48 days that we have credited him with is the nineteen given on your order of November 16, plus the time spent in jail from that date until he was transferred to this institution January- 2, 1951. The inmate raised the question that he had not been given credit for the time spent in the Southwestern State Hospital. If the Court is satisfied that he is due 119 days credit on his penitentiary sentence, as stated in your letter of March 3, we will be glad to credit Raines with this amount. Please advise me at your earliest convenience. Very truly yours, W. F. Smyth, Superintendent WFSjr/vh ��W. F. SMYTH. JR. SUPERINTENDENT DEPARTMENT THE of CORRECTIONS PENITENTIARY RICHMOND 19 March 3, 1951 Mr. J. Robert Switzer, Clerk Rockingham County Circuit Court Harrisonburg, Virginia Dear Mr. Switzer: I had a letter from an inmate today, Hensel Raines, our #59709, sentenced in your Court on the 13th day of November 1950, Sodomy, two years, and on the 16th of November, 1950, Housebreaking, one year concuITently, the order stating that this sentence is to begin at the completion of a sentence this day imposed for a misdemeanor. A letter from the Sheriff states that he completed the four month jail sentence November 15, 1950. Raines complains that he spent considerable time in the Southwestern State Hospital for observation, and I am writing to know if he is to be given credit for any time spent in the Southwestern State Hospital. On previous cases where inmates have been held for observation the Attorney General has ruled that they should be given credit as if they were being held in Jail. I am not sufficiently acquainted with the facts in this case as to say whether or not it is covered by the rulings from the Attorney General's office. If Raines is entitled to any time spent in the hospital on the charges that we are concerned with I wish you would advise me. Very truly yours, ZI/J TIA.A/\/"-,~• W. F. Smyth., J~ Superintendent WFSjr/vh �r L �Ata Circuit Court held for the said county - who stands convicted of ___ - - 16th judgement against of this self_~h=e~- -~hi~rn=__ for the term of county ~, thereupon, it being demanded according to law, and nothing being offered or alleged in one ( 1) - - - - - - - - - - - - - _________________ $aid term to be credited by the time spent in jail awaiting his trial, or pending his appeal-to-wit: This (19) sentence posed on this A transcript - - - - 1s to run concur·defend~nt from the record. :; was this had or knew to say why the Court should not now judge ascertained~----~-tl1.e Per iod by the ~~~JtK.X~iiDb&!UfXiliti nineteen day of Hensel Raines sheriff him the said prisoner if anything for be confined in the penitentiary on h_o_us_e_b_r_e_~_k_i_n~g~,~----___ -_-__-_-_- __ -_-_- _______ day led to the bar in custody of the proceed to pronounce - 19450 , , at the court-house, the _ __ days.____________________ tly 13tr., with the t1y ~,,..ntence of t·.o yea.rs of No•-7e!!lber, 1950. year/ _ _ �COMMONWEALTH TRANSCRIPT OF RECORD (l Year) �At a __ C----'-i--"-r_c'-•u---'-·-1_t __ Court held for the said o vember, - - - - - - - 19¥'2.0_, sodomy who stands convicted of was this sheriff day led to the bar in custody of the the said prisoner if anything for proceed to pronounce county , at the court-house, on _ __,,,1...,3.__t,,_,h..._ __ day of judgement him of this h_e__ self __ against_.,,_.,,..-_ __ county ~ thereupon, it being demanded had or knew to say why the Court should not now according to law, and nothing being offered or alleged in the period by the ~Bil"~ . . Jurors m their verdict ascertamed Said term to be credited by the time spent in jail awaiting his trial, or pending his appeal-to-wit: ___________________ days ____________________ is This sentence this day imposed A transcript to begin on th~s t the completion defendant from the record. Teste: for __ _ _ of the four-month sentence isdemeanor. ~~ // Clerk �COMMONWEALTH TRANSCRIPT OF RECORD ( 2 Year) �SOUTHWESTERN MARION, STATE HOSPITAL JOSEPH V"J'G NIA R. BLALOCK, 9U,.li:RINTf.:NDENT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS August 21, 1950 Honorable W. V. Ford, Judge, Circuit Court of Rockingham County, Luray, Virginia. Re: Hensel Raines Dear Judge Ford: The above-named was admitted to our Criminal Insane Department on October 15, 1949, having been conmitted by your Court for observation md report. OnDecember 15, 1949, we reported to the effect that we had found him to be insane or psychotic, and that he was at that time improved. I am writing at this time to report that this man has recovered from his mental illness and that he is not now insane. Respectfully, ~~.~ Joseph R. Blalock, Superint eni ent . JRB/jp M.D. M. O. ��DIVISION OF CORRECTIONS THE PENITENTIARY RICHMOND 19, VA, Return if not delivered in five days Mr. J. Robert Switzer, Clerk Rockingham County Circuit Harrisonburg, Virginia Court ��Docket No. 244 .,~. e_,J'V COMMONWEALTH vs. #1 : ) -f<..? l~ of VIRGINIA Felony ( sodomy) HENSELRAINES H~· a=r_::_,ryl__=..:_Bl=:=a=--=::t-=-t --------::-------.-------.---------P• Own ( ) Appointed ( x) d. CIRC,UIT COURT OF ROCKINGHAM COUNTY, VA. / �r � 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/. Title A name given to the resource Commonwealth v Hensel Raines Subject The topic of the resource Sodomy Description An account of the resource Defendant charged with sodomy Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1950 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_016_004 Raines https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_003_commonwealth-v-herman-hoover.pdf 0b09058f59d158fb86ce996c6d77d295 PDF Text Text { ( ,. / ,If" II( f'Z- J. -1/v' / Docket No. YI, J f }- . r 1s .,,._. L/ 7 3 i' Iv ~ IJ COMMONWEALTH of VIRGINIA ,2cl}:, ~ #:, ,.~ ) VS. ~ ) ) Felony (murder) HERMAN .ti00VER _...~~~~fP~~~~~~-----P· Own (){ ) Appointed ::.; "-4-- t ✓ 1J /\ -<I 3 r .., I I I !J I' _.-r- d. ( ) ��STATE OF VIRGINIA COUNTYOF ROCKINGHAM,To-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand jurors body of the County Court of said oaths do present 1952, 1 /\ This that at its of Virginia, in and for and now attending December the Term, 1952, HERMANHOOVEPon or about the Circuit upon their December 31, L-y and murder indictment A. L. Strawderman, sworn in Court State of Rockingham County, 5C-Ot'V'/Ou~ did kill of the Ernest is found Arna Fulk, and sent before Laco Carr. upon the Earl testimony Hess, the grand of Sheriff and Gilbert jury< Fulk, to give witnesses evidence. �.•- Strav,der1:1an 1952 D. Conrad Attorney Sheriff A. L. Arna Fulk Earl Hess Gilbert Fulk bill: term, George Commonwealth's 1. 2. 3. 4. Witnesses: A true Felony December zf/ INDICTMENT HERMAN HOOVER v. C 01\mONWEALTH ���7-la REPORT of the FEDERAL BUREAUOF INVESTIGATION WASHINGTON D. C. January 30, 1953 To: Mr. George D. Conrad Commonwealth's Attorney Rockingham County Harrisonburg, Virginia There follows the report of the FBI Laboratory on the examination of evidence received rom your office on January 19, 19.53. This exa ■ inatlon haa been ■ ade with the understanding that the evidence la connected with an official Investigation of a cri ■ inal matter and that the Laboratory report will be uaed for official purposes only, related to the investiaation or a subsequent cri•lnal prosecution. Authorization cannot be granted for the use of the Laboratory report In connection with a civil proceeding. Re: F.ERMAN D. HOOVER,Suspect LACOCARR,Victim YOUR FILENO. FBI FIL!::NO. LAB.HO. MURDER; 12-31-52 Rockingham County, Virginia Exa■ ination requested by: 95-47792 PC-34T/8 BX Addressee Reference: Personal visit Exuinat ion requested: Firearms 1-19-53 Spec iuns: Ql-Q.5 Five 12 gauge shotgun shells found at crime scene Q6-Ql2 Seven lead pellets Ql3 Six 12 gauge shotgun shells in shell belt Kl 12 gauge Remington shotgun #147565 RESULTSOF EXMUNATION: Test shotgun shells T.ere fired in the submitted 12 gauge Remington shotgun, Kl, and compared with the five shells listed above as Ql through Q5. As a result of this comparison Ql through Q.5were identified as having been fired in Kl. Due to the mutilation of the seven lead pe lets listed above as Q6 through Ql2 it was not possible to determine their exact size. The three smaller pellets were most simil r 1 - Mr. Alfred L. Strawderman Sheriff of Rockingham County Harrisonburg, Virginia - 1- {Continued next page) ��to BB size Buck size submitted outside II the crime loaded in shot and the four larger pellets were most similar to l shot. It should be noted that three of the fired shells as having been found at the crime scene are marked on the B. 11 The other two shells submitted as having been found at scene were not marked to indicate the size of shot originally them. Of the six loaded shells listed above in QlJ two are marked slug shell and one has had the original shot load removed and has been reloaded with hand molded pellets. The reloaded shell is the rinchester Super Speed shell and it was noted that a top wad which originally may have been placed in this shell at the time it was manufactured was placed over the hand loaded pellets in an upside-down position. This top wad is marked 6c indicating that the shell from which the top wad came was loaded with #6 chilled shot. :/1.4 shot, two are marked #6 shot, one is a rifled Nine pellets were found in the reloaded inchester shell and it was possible to identify all of them as having been made in the same mold. hese pellets were found to be most similar to O Buck size and were therefore different from the four larger pellets listed above in Q6 through Ql2, since they weigh considerably more. Specimens Ql through QlJ and Kl are being returned to of Rockingham County, Harrisonburg, by Railway Express Collect. Mr. Alfred L. Strawderman, Sheriff Virginia, - 2 - �,. <+ �COMMONWEALTH OF VIRGINIA DEPARTMENT OF THE CHIEF OFFICE 404-406 REPORT OF HEAL TH MEDICAL EXAMINER NORTH RICHMOND 12TH STREET 19, VA. OF INVESTIGATION Laco DECEDENT Ernest First name Fulks ADDRESS BY MEDICAL EX.A.MINER Carr AGE. 43 SEX ._M__ COLOR OR RACE_. _vv ___ _ Last name Middle name Run, Va. __ F_~a_r_m_V,_o_r_k ______ OCCUPATION: MWSD _ Suspicious □-------------------------- Unusual D suspected means Violent or Unnatural [ij Unattended by a physician: Sudden in apparent health: Found dead without obvious cause D Instantaneous without obvious cause D Unattended during fatal illness D After unexplained coma D Means: Stillbirth attended by midwife D After unexplained rapidly fatal illness D In prison D TYPE OF DEATH: 1 Gun VIEW OF BODY POLICENOTIFIED IF MOTOR VEHICLEACCIDENT CHECKONE Of THE FOLLOWING l:l,i 12/31/52 12/31/52 12/31/52 12/31/52 12/3-1/52 12/31/52 DATE DEATH INJURYOR ILLNESS LAST SEEN ALIVE MEDICALEXAMINER NOTIFIED Dr.lVER □ !>ASSEN,ER 0 t):15 PH Hospital TIME NOTIFICATION BY· VIEWINGOF BODYBY MEDICALEXAMINER Rockingham Memorial NOSE BLOOD UNCLOTHED0 CIRCUMCISED□ PUPILS: R X MOUTH EARS X OTHER (Sand, dirt, water, etc.) MUSTACHI' BEARD I 11 •ENGTH RIGOR LIVOR ABRASION 0 BURN D JAW □ ARMS D COLOR CONTUSION □ □ NECK □ CHEST □ ANTERIOR □ GUNSHOT ~ INCISED □ BACK □ ABDOMEN □ LEGS □ FRACTURE WEIGHT va. and on way to hospital NON FATALWOUNDS STAB LACERATION □ OPACITIES,ETC. EYES:Color HarrJ_sonburg, -iospital FROTH PARTLYCLOTHED O HAI" PEDESTRIAN□ Horr.e 11 DESCRIPTIONOF BODY CLOTHED~ Pl.! TYPE OF PREMISES(E. G. HOSPITAL,HOTEL, HIGHWAY,ETC. ) Rockingham II II DEATH CITY OR COUNTY Run Fulks ll:u5 PM ADDRESS- LOCATION INJURYOR ONSETOF ILLNESS 11:J0 10:00 PM □ DISTRIBUTION: BODYHEAT: I POSTERIOR ~ LATERALD REGIONAL SCALP O FACE □ NECK D CHEST O BACK□ ABDOMEN□ ARMS □ LEGS O FATAL WOUNDS: SIZE TYPE (GUNSHOT, INCISED, STAB. ETC.) GunshotBuck shot l 2 cm SHAPE round LOCATION PLANE,LINEOR DIRECTION JU to 35 round holes back between - in upper shoulder blades horizontal . Probable cause of death: Internal hemorrhage Manner of death: DISPOSITION OF CASE: Accident D Suicide D Homicide gJ 1. Not a medical examiner case D Natural D Unknown D Pending D 2. Autopsy authorized D check one only By: I hereby declare that after receiving notice of the death described herein I took charge of the body and made inquiries regarding the cause of death in accordance with Section 19-23, Title 19 of the Code of Virginia as amended by Chapter 318 of the Acts of Assembly, 1952; and that thle information contained herein regarding such death is true and correct to the best of my knowledge and belief. 1 5/53 Date Rockingham City or County of Appointment /,s/ Signature F. L. Byers, of Medical M.D. Examiner I hereby declare that to the best of my_knowledge and belief this is a true and correct ciw of ghe ori16tc1l report filed with the Chief Medical Examiner by Dr· F • 1 • -J:jyers concerning the cleat f co rnes-r; ~rr DAr Jan. 20, 1953 CME FORM No, 1-ReTiaed 7-S2 ~, h _____ .....,,;r:; �MEDICAL AND OTHER PERSONAL SYMPTOMS AND DISEASE, Addiction to Narcotics Anorexia Aphasia Aphonia Chills Coma D □ □ □ □ □ HISTORY: PAST AND PRESENT: □ □ □ □ □ □ □ Convulsions Coryza Cyanosis Ddirium Diarrhea Dyspnea Edema Fever Habituation: Sedatives Alcohol Headache "Head Cold" Hemorrhage from Body Orifices D □ □ □ □ D "Indigestion" Jaundice Nausea Pain: Abdomen Back Chest □ □ □ □ □ □ Precordium □ Radiating to Arms D Paralysis □ Skin Rash □ Somnolence □ Stiff Neck □ Syncope D □ Vertigo Visual Disturbances Vomiting Weakness Weight Loss Weight Excess □ □ □ D □ OTHER PERSONAL HISTORY: Suicide attempts D Suicide threats D Hobbies, aptitudes or skills with firearms, chemicals, etc. D Domestic, premarital or marital conflicts D Financial or business reverses D Social or religious conflicts D Legal difficulties D Criminal record D Unemployment D Fear of disease D CONDUCT BEFORE DEATH: Efforts to prevent help □ Efforts to obtain help D Suicide attempt : Admitted D Denied D Refusal to talk D Written declaration of intended suicide D Accusations against others D MEDICAL ATTENTION AND HOSPITAL OR INSTITUTIONAL CARE: DIAGNOSIS ADDRESS NAMEOF PHYSICIAN OR INSTITUTION DATE ' PREVIOUS CHEMICAL OR MECHANICAL INJURY: PLACE: CHARACTER OF PREMISES MANNER OF INJURY CHARACTER OF INJURY ' CIRCUMSTANCES OF DEATH: NAME ADDRESS FOUNDDEADBY Abe Carr and Ivirs. Annie Fulk LASTSEENALIVEBY WITNESSESTO INJURYOR ILLNESS AND DEATH NARRATIVE II Fulks Run, Va. II SUMMARY OF CIRCUMSTANCES SURROUNDING DEATH: Decedent shot in the back- thru a window by Herman Dean Hoover (an army deserter) with a shot gun - loaded with buck shots. Ambulance was called and patient brought to Rockingham Memorial Hospital where he was pronounced dead and the medical examiner notified. DATE �I-loo i;-2:( , I, /-!Ek/l(ldA,,( V the accused in the attached warran£;in 'open court 'B'eloie the Judge of the Circuit Court of Rockingham County, Virginia, this ,;1( day of .....;;:::;.ft;;a.;::;1-::YY)...J.......,_o..,_ _____ , 195 3 ·, do hereby voluntarily waive indictment on the said &iarge of -=----A0............ 1/__.R.......__P,.___-=E ___ R ___ ,______ Witness: . ��Comp. Form 18 l S~::°'P. OF V!Rji,[!~ ~YOF~~ ~FICER: a.£~,l ../4.# idf~ has this day made complaint and information on oath before me,~ ~ /) ~~,, uf /)!e &-,c,,,t_ di3 ~ /Title)(\ Zf'" ~~- did on the S/ j-,L. ;_1, _ f TO ANY SHERIFF Wheceas, No._____ To-Wit: day ot of the said ~. ~ ~--J.-- A '££;, ~ d/ (Name) ,a that J e-,.7 vr~ ?Y'~ in . 1~ .. -i-, County Unlawfully dl·/ ;i:d ,_..,I ?:H.,_,,1,_,.- These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the iJ. • Trial Justice Court of r!Pt.+i2/:»;y~ the body (~) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon color Address color Address ---------------□ color Address ---------------□ color Address ---------''-----------LJ color Address ----------------□ as witnesses. Given under my hand and seal, this,_-'/~--- ---~-----------□ .,. �STATE OF V1!<GJ~IA-COU~~TY OF------------~-----------. Trial Justice a Justice of the Peace I,------------------- to-wit: in and for the County aforeeaid, State of Virginia, do certify that and ------------------------~ to the Commonwealth as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of----------------------------------- to be made and levied of their respective goods and chattels, lands, and tenement!i to the use of the Commonwealth to be rendered, yet upon this condition: That the sai,..__________________ _, shall appear before the TrialCircuit Court Justice ($~-------), of ------------=--=--=----=---=---'--=-=..:.---=---=-- County, on the _________ day of_____________ _, 19__ , at ______ M., at ______________ _,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in,this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said from the date hereof. shall keep the peace and be of good behavior for a period of_________ Given under my hand, this _____ days _ .. ~ 1i~ .. ... (i 0 Ill ~ ~ ~ ;::: (/l ro Ill ;f ::s ~::s~~ ~ p. p.3;::: (1) +~ I ;::: Ill Ill ~(") I ~Ill o~~ ~ I-'• • 0 < I-'• ::, (1) Cll ::s ... ','.:l 11 ~ t<i S ::s 0 ~ rn !::l O -· 1-':1:r I'\:) Hier:.::, ::,-' • • ::lOQ Hi:::S5'(1) ..... c+ ~ -•P. 0"' ::, a It ~ :::S'd 0 ? -f;t 0;::: 11 Ill c+ 0 lll'd ..... (") t-' ... c+ (1) ::r I-'· Ill ,. C -· ~ ;::: c+ I-'• ::r p. (1) ~ 0 ~ (') !:l"'I--'"' c+"" «'!!il o-- - - p '< ..... 0 P.~· (i 0 a 1-3 a 0... s· 0 ,. ::, ~ "%j 1-3 ~ ,. 0 e. (i 0 ~ "' e. ;. ..>.. .., 0 ,. ::, '< Ul C: a a0 ::, s· IIQ ~ !:i ,. "' ,."' ~ !:i ,. .. "' > ... ,. ::, 0. "' ,. ::, () ....... (i ;:. ~ ... ,.,. "%j :,;- ~ ;:. "' ,. IIQ > ... ... ,. ~ to ~ ~ ... ~ !:: 5. ,.., ~ ... "' ... "' a 0. "' i:::sc+ij ::,-' ,. 0. "' '< g, 'O ::, ::, "' 0. e. < ::;· < ::;· IJQ s· IJQ F' F' ~ ~ ... 0 "' ,. ., "' 0,...... 0., ,. 1-3 ... ,.::r ::r ,. s· 'O 'O '< to g, 0 ... "' -f;t 0. "' 1-3 ... ;;· -n (") 0 I'll "-i ::, I • 0 I'\) 0 C: •0 0 - r Ill ....,g, ,...,,.... I'\:) n ~ R•::.· ,. !. !:i ,. "' ,. "' (i \.n. 0 "' C: it) I'\:) !2. s· ...... -· IJQ C:;:: 0 I'll ~ ,. (') (') 0 C: .. ::s ~ 0 IJQ e. ,. N 0. �PRE-SENTENCE INVESTIGATION Staunton, Virginia May 13, 1953 NAME: Herman Dem Hoover CITIZENSHIP: American ADDRESS: Fulks Run, Va. MARIT_ STATUS: Single AGE: 23 (Born 3-13-30) NO. OF DEPENDENTS:None SEX: Male OFFENS!!B:Murder Felonious shooting (3 charges) RACE: White OFFENSE: On New Year's Eve, December 31, 1952, Herman Dean Hoover shot and killed Carr. He also wounded 1iss A.rnieFulk, :.r. Gilbert Fulk and Earl Hess. Laco The defendant had been AWOL from the Army for some time and had been staying interchangeably between the Abe Carr home and Earl Hess home. It was also reported that the spent considerable time camping out in the mountains. It is reported that Hoover had been going with Vivian Fulk for some time and was very much infatuated with her. They had attempted to get married on two previous occasions - once in West Virginia where they were refused due to the girl's age and they made another attempt at Woodstock, Virginia but could not secure license due to the fact that they were not residents of that county. It appeared that t e subject was afraid to be seen in the Rockingham County Seat due to his AWOLstatus with the Anny. Boover had been staying at the Abe Carr home for several days prior to this offense. During the week before, he had stayed and cared for the home and livestock of Mr. Earl Hess, a neighbor who lives approximately one-quarter mile east of the Carr home. On December 31st the subject had gone to the home of his father, Orie Hoover, and returned late that evening to the Carr home with his father and "lillard Reedy. Herman was somewhat intoxicated upon arrival and it is reported that he took his fiance, Vivian Fulk, to a back kitchen where an argument developed. The subject became very disorderly and due to his abusive language was ordered to leave the premises. During the disorder his father and Willard Reedy left. Laco Carr, a son of Abe Carr, was then living with his fat er having returned to this home only a few weeks previous. It is reported that the son, Laco Carr, took up the argument when his father ordered Herman Hoover off the premises. As a result he knocked Hoover from the front porch. Hoover then became enraged and knocked in a window in the east front side of the house. It is reported that he threatened Amie Fulk and other members of the family. Herman Hoover left the Carr home and proceeded to the home of Earl Hess where he had left some clothing and his .12 gauge single-barrel shotgun and a belt full of shells. He secured his belongings and apparently returned to the Abe Carr house going to a point about five steps west of the kitchen window located on the southwest side of this houm He fired one round, the bulk of which was received in the corner of an old kitchen safe leaving a shot pattern about the size of a man's hand. There was a door just north of this safe leading into a living room. Apparently Laco Carr was standing facing the ��RE: Herman Hoover Page 2 ..... . mantle near a closet door on the east side of this room. Hoover fired a second shot througi1 the window and this door -which struck Laco Carr in the back just under his right shoulder blade. In the meantime Amie Fulk called Hr. Earl Hess for assistance. He arrived within a short time and Er. Gilbert Fulk, a brother-in-law, and 1:i:r. Hess carried Laco Carr out to the wounded man1 s automobile and were attempting to load him to take him to the hospital when two more shots were fired from the vicinity of an old apple tree located approximately 55 steps northeast of the house. Gilbert Fulk was hit by six shot and 1-:r. Hess was struck by three shot. They immediately returned the man to the house to await the arrival of the Sheriff. Amie Fulk was talking to tne Sheriff at the ti.me and another charge came through the east front window and side of the house, one buckshot striking Amie Fulk in the lip. Sometime later while awaiting the arrival of the Sheriff, a light was accidentally turned on in an upstairs room by :Mrs. Gilbert Fulk at which time another charge was fired into the upper-back part of this house. The defendant then left the scene of the shooting and travelled to the 11omeof Mr. Shirley Ritchie where he had stayed at times and was provided lodging. At approximately 4:30 a.m. on the morning of January 1, 1953 a posse of officers headed by Sheriff Dick Strawderman found the subject hidden in the Ritchie home. He was then arrested and confined in the Rockingh~~ County Jail where he has remained. On April 23, 1953 the defendant was brought before the Rockingham County Circuit Court with the Honorable J. Harry May presiding. The Commonwealth was represented by Mr. George D. Conrad and the subject represented by his own employed attorney, Hr. Samuel P. Conrad. On this date through his attorney with permission of the court, he changed his plea from not guilty to guilty, waived trial by jury and entered a plea of guilty at which time the court ordered a pre-sentence report to be nade on May 20, 19~3. PRIOR RECORD: Other than being charged by the :Military Authorities with being AWOLon two occasions, police and court records of Rockingham County show that Herman Dean Hoover was arrested in 1947 with his father charged with dynamiting fish. He received a sixty-day suspended jail sentence and a ~200.00 fine in the Rockingham County Trial Justice Court. The case was appealed to the Rockingham County Circuit Court April 14, 1947 at which time he was found guilty and sentenced to sixty days in jail which was suspended and he was also fined .)200.00. FAMILYHISTORY:The defendant is the second of three children born to Orie Hoover and Florence Fulk Hoover of the Fulks Run Conrnunity. The parents separated in 1934 as the result of the father being convicted of an offense of housebreaking and for -which he served two years in the state penitentiary. After this separation of the parents, Herman Hoover was cared for by his grandparents, other relatives and neighbors in that area. After his f'ather 1 s release from the Penal System, he also made his home with him for short periods of time . Herman :Ioover has been more or less on his own since he was fifteen years of age living with people wrw would provide him with some employment. Little is known of the reputation of the defendant I s mother - however, his father I s reputation is ��RE: Herman Dean Hoover Page 3 . . . . . doubted due to the felony conviction and the fact that he evaded the draft during World War I. Since his release from prison, the father has attempted to keep himself employed as stably as possible in an area where employment is reasonal. A number of people were contacted in the connnunity regarding the defendant's reputation. It appears that he has been more or less a quiet, unassuming individual, although he drank some at times. A number of persons contacted did not seem to look upon this offense in a serious light. It was pointed out by several older citizens contacted that ibis boy possibly was a little 11hot blooded" and that Laco Carr with whom he had the beginning argument had a very bad reputation having been involved in two serious cutting scrapes and was shot by his own brother at one time. As one citizen put it, 11Herman Hoover knew that Laco Carr was hard to kill and he made sure that he did a good job. 11 These folks indicated that Hoover held employment whenever work was available i·Jhich was seasonal and that his chief experience was that of a farmhand. It is also apparent that his opportunities in life were limited due to the family separation, his lack of a suitable home and failing to establish himself with much in the way of formal education. HOMEAND NEIGHBORHOOD: The defendant claims his permanent home to be that of his father 'Which is located in a remote rural mountainous area near :Fulks Run. The home is a two-story, frame building in a poor state of repair consisting of six-rooms shared chiefly by the defendant and his father. EDUCATION: He states that he entered school at the approximate age of seven and completed the fifth grade when approximately fifteen years of age. He states that he did not like school and gave up his education in order to take parttime employment. RELIGION: The defendant claims to be a member of the Fulks Run United Brethren but his attendance has been very irregular. INTERESTSAND It appears that the most of his leisure sports as hunting and fishing. ACTIVITIES: Church time has been spent in such outdoor HEALTH: The subject reports no serious injuries himself to be in a favorable or illnesses. state EMPLO YJvlENT: Prior to the induction of Herman Hoover into the Armed Forces, he worked approximately one year for the State Highway Department as a laborer. Other than this he has worked on a part-time basis as a farm laborer for such people as Ernest Fulk, Charles Hoover, Earl Hess and Abe Carr. He entered the Armed Forces on February 27, 1951 and was assigned to the 199th Infantry Combat Battalion. The highest rank he reached in Service was that of Private and due to his being AWOLon two lengthy occasions, his service has consisted of only approximately five months. RESOURCES: Hoover has no resources of little value. except a few items of a personal of health nature and claims which are ��RE: Herman Dean Hoover Page 4 ...... • • SUl>J1ARY: On New Year 1 s Eve, December 31, 1952, Herman Dean Hoover admits that he mot into the Abe Carr home with a .12 gauge single-barrel shotgun, using heavy shot. He shot into the southeast kitchen window twice, the second shot striking Laco Carr in the back which resulted in his death a short time later. He also fired two shots at Gilbert Fulk and Earl Hess while they were attempting to load the wounded man in his automobile. A fifth shot was fired through the southeast window and side of the house, one shot striking Amie Fulk in the lip. Another shot was fired in the upstairs bedroom at the back of the house at the northwest corner. As a result of this shooting Laco Carr was killed, 1:r. Gilbert Fulk, Earl Hess and Amie Fulk received injuries. Herman Hoover is the second of three children born to Orie and Florence Fulk Hoover near Fulks Run, Virginia. Little is known of his mother. His parents separated in 1934. The father bears a questionable reputation due to one felony conviction and not registering for the draft in World War I. The defendant bore a fair reputation up until the time of this offense--it being reported that he was more or less a mild-mannered, unassuming youth who would drink on occasions but was not kno,m to drink to excess. It is alleged that the victim of this shooting bore a very unfavorable reputation in that community and it seemed to be the feeling of some of the citizens contacted that the defendant meant to kill Laco Carr. This man claims his home with his father as his residence, although he has lived among his relatives and neighbors the greater part of his life. He began his formal education when approximately seven years of age completing the fifth grade when fifteen years old. Hoover claims to be a member of the Fulks Run United Brethren Church but displayed very little interest in religion. He spent his leisure time in such outdoor sports as hunting and fishing. The defendant appears to enjoy good heal th and claims no injuries or illnesses. His employment record is unstable and he has a very poor Army Record having been AWOLon two lengthy occasions. Hoover was A"•JOL at the time of this offense. He has no resources other than a few personal belongings which have little value. RECOi• -1ENDATION: None . Respectfully yours, William H. Ralston Probation and Parole WHR/aee Officer ��-· , &XECUTEDP"P-.1_IN ·nIE coUN'.n ur RCCKINGBAM BY DELIV 0 ~ COPY OF THE WITHIN..,_::;¼Wtttc::e~ 0 ~ ~ 0 Ca f , TO 1 ... :t. ¥-<rl <1> 0 tr-, ~ tx:! ~ 0 z 1-3 HC ~tc:1 ;t tx:! H t-i £!ECUTE~AjV4J ~ .IN ·rHE: GOUNTY Ot ROCKINGHAM BY DELI~'' COPY OF THE WITI:flN z 1-3 tx:! tI1 ::i:i tx:! !;io i· .,._.. Ci:) 0 ~~ ~ 1-3 ~ CC K t:r:i ..., . e-, ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ..A • ...L• ....Strawderman, ................ . ....Ama...Fulk., .....Gilbert ...Fulk, .Earl ...Hes.s., ..Abram ...Carr., ....V.ivian ................. . .....Fulk .L ..Sg t •.. Bir khe. ad ...and ...0 ff ic er ....Joseph ..................................................................... . You are hereby commanded to summon ............Sher.iff to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ......... 2.QJ'.9-.............day of.. .....AP.r..il ......................................................... 19 ..5..~, to testify and the truth to say in behalf of the Commonwealth against .......................................................... . ........................................................... HERMAN ...HOOVER................................................................................................. . who stands charged with and indicted for a felony~r. , And this you shall not omit under penalty. And have then and there this Writ. Witness, f·R:()BBRi'P.S~l:P.~~~idf-Xri.hl~~@oXttt, day oL!\Pr.'.~.~············••····•·····•··• 19.?.~·:···•and in the at the Court House, the ...l..7.t.h .... ---~,~mmonwealt~ '--:::::::9~~__,,.··•···············•··························•····• THI. ···••c• PkESS, ll.AI.I.JIONBUaG, ••• <itl;( �Commonvrn al th v. ) Witness Subpoena Herman Hoover To April 23, 1953 at 1~: ~XECUTEIY&//Y43 IN THE cou~~111 ROCKINGHAM BY DELIV ': A. 11. COPY OFT TO~~"'-'----...::i----4-4----- IN PERSON. • ) "-/ I< < 1-'3 §o t%J 1-r' ~XECUTEIY'#-5/5-3 IN THE COUNTY Ol ;>' ROCKINGHAM BY DELIVERNGA TRUE COPY OF THE WITHI.~~o,1(,4:.aa~~ aECUTF.o,f~-$IN THE COUNTY Ll ROCKINGHAM BY DELI RN CO A TRUE- �Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............ $.0-.~.r.Jf.f ...A.~...t.~..... $.tr_gw.g,~.:r.m:::l-U.. ..................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at.:i9~ o'clock, a. m., on the ...~.O.t.h......... day of. .... .J.anuar.y.................................................. 19 .53 .., to ~9sl_j5,0andthe trnth to say in behalf of the Commonwealth before the GRAND JURY ..................... . ............... aga.ins.t ..H.EB.MAN ...HOOVE.R................................................................................................. . who stands charged with a felony fll~1'iD1lQt. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ~~~~~ ., ?t~~ day of.....J.<;J,!.ru.i:p::•.y ............19 .. $3., and in the ..l.7.7th .. THE SERVICE PRESS• HARRISONBURG, VA. at t ourt Home, the ....28th ........ ealth. �C/l ~ 0 ~ Cl) 0 i::: I tQ p-, H ,.Cl .µ rl aS (I) ~0 ~0 0 .; H 'D 0 0 ~ o:S H 0 (I) ::> ::i:: ~ aS s H ---• ::q (I) :> EXECUTED',7)4'i l'N THE COUNTY Or S ROCKINGHAM BY DELIVERIN.G A TRUE ~ COPYOF THEWITH~ij O t?. aSO ~ rl To.4, ?, ;/_ ~.'4[~-:-r,;lt, ,~· '-~ IN PERSON. ~~ ' i '·. C t. :. 4 / c., •✓. -: ✓-:z.-·- - /. --!.f ., -! ~ /~ ,h:"' t°'-< ~ ~ A.i. S~:1;~WDERft1AN S~lrc.mFF ROCKltJGHAMCOUNn ~ ~ �I / ; I I • '-'t.., .., ,, t' �--...... ...... ....,..... ~~ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham Officer County, Greeting: Joseph You are hereby commanded to summon ............................................................................................................................. . ····················--·-·····--·-·-····--···················································································································································v······················-·· to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the .........J.4.t.h ............ day of.. ........................ J.YJ.Y .......................................... 19.~J.., to testify and the truth to say in behalf of the Commonwealth against .......R.~.:r.rri?.-.~ ....IJC>.9..'J..~S ...... who stands charged with and indicted for a felony ilfiltMeblleUuir.: And this you shall not omit under penalty. And have thln and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ....!.~.~ ..~.... day of.. ..........J:)JJY...................... , 19..5..3.. ..., and in the 17$.Jh .. year of the C~onwealth . .......... ... .....~................................................. ,Clerk THI 11a.-1ca ra.r.ss, H.AaaUON ■ U•G, T&. �OPY C TO �IN I . R ..,_ AM.,. . ...CO.,, UNTY. MANr,, ,,.# . L A TRUE LIVER N.G E D Y B N I ROCK TY Ot N THE COUN I EllCUT� �DESCRIPTION tt?~- __r:? ___ Last known addre~f Color_ __L_~------ Height_~-- -~/:-_.__ OF PRISONER '1(._ ___________________________________ :___ ___ _ a'L.- ____ _ Eyes __(_~ __:{_ Weight__( __t,_-- Marks _____________________________________________________________________________________________________ _ 'J!':._ --~____ ____ Age ____ Date of Trial ____z~_/Y:-::- 7-~ 'J.,()..._ Occupation ___ '07 ~ _________________________ _ ________________________________________________________________________________ _ Result _________ -------------------------------------------------------------------------------------------- ��TRIAL JUSTICE Criminal Docket COURT N~ 11231 Com'th V. Herman Dean Hoover Defendant Appearance date 1-2-53 Trial Date Sent on to Plea of Guilty - Grand Jury J A �/ � 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/. Title A name given to the resource Commonwealth v Herman Hoover Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder (note: FBI) Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1953 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_017_003 Hoover https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_013_commonwealth-v-hobart-guy-reedy.pdf d771ca517d22e90748b2251cbebb7202 PDF Text Text % having violated keeping the peace Guy Reedy, September, (!. did ~ the condition in that on or a bout the 1952, therein he, the said for Hobart 6th day of in and upon one Jadk Reedy .-r- an assault, �EsTABLtsHEo m, "· P. BELL eo. LYNcHeuRG, vA �Commonwealth On an indictment vs. Hobart for a felony (murder) Guy Reedy It appearing 1952, Hobart Guy Reedy entered of Seventy-five Marshall to the Court of the Circuit conditioned into Hundred Dollars as surety thereon, Court for that on the 13th day of August, a recognizance ($7500.00) before Harry with Beulah Blatt, of Rockingham County, the personal appearance Bail said the Circuit on the day of the August Term thereof, Shifflett Commissioner recognizanbe of the said Reedy before first Court in the penalty Hobart of Rockingham County, being Guy nxxruu~0lll.X and at any time or times to which proceedings should be continued or further heard, further and i:ID!::t~ upon the/condition that said Hobart Guy Reedy should keep the peace against and it and be of good behavior him should further be finally t-r ppearin~ in his £,{ disposed a r£c,d.. to the cour~ ~ompliance has this with until of, that the charge as set the of murder out therein; ,. 'L said Hobart the terms day been indicted of said by the Guy recognizance special J grand jury, it is therefore ORDEREDthat said recognizance be in favor of the commonwealth of Virginia, forfeited6that the said Hobart Guy Reedy be taken into custody by the on said sheriff of this recognizance and Beulah of the next Shifflett county, against the said Marshall, term of this 1£: and that court, ,,v' J/17 surety, namely, a scire Hobart facias Guy Reedy, returnable October ~)~ be issued to the 20, -""- ~ principal, first day �rfj l.s9vmoramo:) .2.v 'l:Tl]neq rrl s~n•~lngoos'I ~rij ~jsJ'l1lrl8 rinI.r..rea rl:H 'Isno.ta2lramo8 .Lt XKIDJX~NXX.t.K. tb'Id9:! 'I::1- t a 'IO (00.00c,$) _::;r{·..-rbl. JO.h beJJnlJr:o:J bl.uo.dc: '{bes fl v;uD J·r.sdoH bl.sa iUls'Isrlj jJJO :tee a 1.li.ID ~h.odoH b.t"e S9n ss.l:rr~o:.,s'I ed .t..se 1o am'IsJ r . t j a'I£11oG ~uO j~sdoR bs·rbrruH tnoe'Ierfj 1o j'ILJ08 svl1---c.:tnsvs8 1o a.s 11..:...c:'I rjs'IIJ"' ~ lLJ:J'Il:J ts~e1 9.:-t t 1 V,boefl 9'I01sd ed bl...10.!2 e;g.n:l.bse~o"!q d'.Jlii·,i. oj zsml;r 'I9riJ-r.u1 J ,rfJ rio .ttlbno;\srfj noqJJ :pru.tx«x bn.s 1o bseoa2lb :,rLt f'HJO'J ~r.{j 'lb9eH .dj lN 1l Usnl1 s .j 90 bJfJorla o;:r ,~n.f:'I.3'"'qq·b 9'.JII 1:lqmo::> alrl nl clii -:rerlj'I.u·t j..,nl jl 3:q _; D~, b9j .D1s'leb "l(;.OB~fI bl:JJB j .afij G.!t.H3Qfi0 e'Io1 s·1e:f.t ·-d j_t :,cu.rt on 'I t~.t.nlu'I.:.V 1<J f~jJ•s ... !101.JIIO~ s:j 1:o 'l0Vo'1 nl u.tn.J:. nsi1:3J ~d' 1beeH tuD j'l..._.cfoH bl.,;~ siJ Js~i.:t'""\be:tls1'!o~ 9:)P 3s.i:n-10:Js'I "l(;Dojau:J \ ... > erU be'Iejn_ \:'I'I.SH s-ro'l9d tj:;;3Jff 'lJili!OJ J·w1 a ojnl fi'J �STATE OF VIRGINIA, COUNTYOF ROCKIHGHAM,to-vii t: IN TIIE CIRCUIT The grand COURT OF SAID COUNTY: jurors of the State body of the County of Rockingham Co·rt of said do present July, that 1952, and murder County, at its of Virginia, and now attending August Term, 1952, HOBARTGUY REEDY, on or about in said County, one William in and for the unlawfully eedy against the Circuit upon their oaths the 26th day of and feloniously the peace did kill and dignity of the Connnonwealth of Virginia. This indictment a witness is found upon the testimony sworn in court evidence. - and sent before of A. L. Strawderman, the grand jury to give �COMM OJITvIBA LTH v. I INDICTMENT HOBARTGUYREEDY Term, 1952 FELONY August bill: Foreman A true WITWESSES: A. L. Strawderman George D. Conrad Cormnonwealth 1 s Attorney �Docket No. COMMONWEAL TH of VIRGINIA 1'/ ( r ~ ,,, l-1-,r I~ .13- 1,'lt ') ~ )11,l-; '3/ (C. itf' ..:r / vs. ) #1 ) Felony ) (murder) HOBART GUYREEDY j; c:;",,.,~ ;, :z.. y /'J~ D. W. Earman & Chas.E.Earman,Jr.,p. Own 1952. Sept. 8. ' ~I C &u t fr 1f:ut.t ,.,t Appointed ( d. ) Return of Grand Jury. Arr. & plea n.g. & set Oct. 27. 3 . Jif 8/382. for ;,, t:,.. j v Ii J ~ 0~ ,~1¼ 1 ( x) ,Ut) tI (,I?) r, ti ),y-.vt::" CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. �7 �..;:u:E FORM No. 1 Revised 12·48 COMMONWEALTH DEPARTMENT OF THE CHIEF OFFICE 404-406 REPORT BY CORONER Middle name AGE :,--"3.e...:0;:;___SEX: male TYPE OF DEA TH: Body to be cremated D In prison D 7-26-52 7-26-52 TIME 11 pm 11 NOTIFICATION Sheriff BY· - ' I Suspicious Di--------------suspected CORONERNOTIFIED 7-26-52 pm white OR RACE: __ L_a_b_o-'-r.....;;e..c..r ______ _ Unusual O means Unattended by a physician: Violent or Unnatural Found dead without obvious cause O Unattended during fatal illness D Means: Gunshot Stillbirth attended by midwife D DEATH INJURYOR ILLNESS OCCUPATION: M W SD Sudden in apparent health : Instantaneous without obvious cause O After unexplained coma D After unexplained rapidly fatal illness D LASTSEEN ALIVE COLOR Last name _L=1.'-· l_l""""y,,_,_, _V_1._· r'-g~1.'-· n'-1.'-· a~ ___________ ADDRESS 0 ' R_i_c_h_ar_d __ ~R~e_e_d~y ____ First name DATE __r;;Y,.-;,~ r-~-"• ~ ~ NORTH 12TH STREET RICHMOND 19 DECEDENTU __i_l_l_iam_, ___ c.J (!11u.,,lf~· OF HEAL TH MEDICAL EXAMINER OF INVESTIGATION J:,rlJc ~;/1.,d;;L OF VIRGINIA VIEWOF BODY 7-26-52 11 om Stawderman ll!/.i.5 am INJURYOR ONSETOF ILLNESS IF MOTORVEHICLEACCIDENT CHECKONEOF THE FOLLOWING DRIVER □ 7-27-52 7-26-52 12:30 am . 11:30 pm Harrisonburg PASSENGER0 PEDESTRIAN □ ADDRESS CITYOR COUNTY LOCATION POLICENOTIFIED eJ ' Va • TYPEOF PREMISES(E. G. HOSPITAL,HOTEL,HIGHWAY,ETC.J Wooden-platform in front -- Rockingham of trailer II DEATH ,· VIEWINGOF BODYBY CORONER UNCLOTHED □ CLOTHEDXJ PARTLYCLOTHED OHAIR BEARD no MUSTACHE CIRCUMCISED □ PUPILS:R EYES:Color blu~ MOUTH NOSE DESCRIPTION OF BODY no I EARS RIGOR LIVOR . iJ: BLOOD ABRASION □ BURN □ JAW (XARMS FROTH CONTUSION □ STAB □ NECK CXCHEST ~ ANTERIOR)Q POSTERIOR::t) OTHER GUNSHOT D INCISED □ BACK □ ABDOMEN □ LATERALa;: LEGS □ (Sand, dirt, LACERATION□ water, etc.) FRACTURE OPACITIES, ETC none NON FATALWOUNDS WEIGHT BODYHEAT: 'ENGTH . □ DISTRIBUTION: SCALP □ FACE □ NECK □ COLOA 1 REGIONA CHEST0 BACKO ABDOMEN□ ARMS D LEGS D FATAL WOUNDS: TYPE(GUNSHOT,INCISED,STAB.ETC.) SHAPE SIZE LOCATION PLANE,LINEOR DIRECTION ~ Gunshot 7 mm. Round Left buttock cause of death:' Hemorrhage and shock from gunshot wound. From rear to front, left to ;right and u:gvrard . Probable . Manner of death: DISPOSITION OF CASE: Accident D Suicide D Homicide llQ 1. Not a coroner case O Natural O Unknown D Pending D 2. Autopsy authorized 0 check one only By: F. T,. Byers, Med. Ex. ! I hereby declar~ that after recei_vingno!ice of the de_athdescribed herein I t~k. c?arge of the body and ~ade inqu!ries regarding the cause of death m accordance with Section 19-23, Title 19 of the Code of V1rgm1a; and that the mformation contained herein regarding such death is true and correct to the best of my knowledge and belief. 7-28-52 Date Rockingham County City or County of Appointment Is I FL Bye;rs 1 M.D, Signature of Coroner I hereby declare that to the §es1tof Q:!Y knowled"-e and belief this is a true and correct co Y.of. the or_iginal report filed with the Chief Medical Examiner by • • eyers' M.1J• concerning the <lea of I illiam Richard Reedy . A,_.,.._ __ _, M, DATK...- _ ___:8:::....-.....::.5:_-L5:::...2 -'------- �MEDICAL AND OTHER PERSON AL WSTORY: SYMPTOMS AND DISEASE, PAST AND PRESENT: Addiction to Convulsions O Fever 0 Narcotics O Cory:za D Habituation: Anorexia O Cyanosis D Sedatives □ O O Aphasia Aphonia O O Chills Coma O O Delirium Diarrhea Dyspnea Edema O D Alcohol Headache "Head Cold" Hemorrhage from Body Orifices □ B 0 □ □ □ "Indigestion" Jaundice Nausea Pain: Abdomen Back Chest B □ Prccordium 0 Radiating to Arms□ Paralysis D Skin Rash 0 Somnolence D Stiff Neck 0 Syncope □ Vertigo Visual Dis turbanccs Vomiting Weakness Weight Loss Weight Excess □ □ □ □ □ □ OTHER PERSONAL HISTORY: Suicide attempts D Suicide threats D Hobbies, aptitudes or skills with firearms, chemicals, etc. D Domestic, premarital or marital conflicts D Financial or business reverses D Social or religious conflicts D Legal difficulties D Criminal record D Unemployment D Fear of disease□ CONDUCT BEFORE DEATH: Efforts to prevent help O Efforts to obtain help □ Suicide attempt: Admitted O Denied 0 Refusal to talk D Written declaration of intended suicide D Accusations against others D MEDICAL ATTENTION AND HOSPITAL OR INSTITUTIONAL DIAGNOSIS ADDRESS NAMEOF PHYSICIAN OR INSTITUTION PREVIOUS CARE: DATE CHEMICAL OR MECHANICAL INJURY: PLACE:CHARACTER OF PREMISES MANNEROF INJURY CHARACTER Of UUURY DATE . CIRCUMSTANCES OF DEATHi NAME ADDR£SS FOUNDDEADBY LAITSUN ALIVEBY WITNESSES TO INJURYOR ILL• NESSAIID DEATH Hobart Reedy Lilly, va. Hobart Reed:'l Lennie Payne Mrs. Cora Reedy Lilly, Va. Decedent was shot by Hobart Guy Reedy in front lived following a drinking II II II " of the trailer spree and arguing and fighting. ' . where Hobart Reedy �Comp. Form 18 l STATE OF VIRGINIA ~~¥fX(Sif Cl TY OF HARRI SONBUF:G No. ____ To-w;,, _ TO ANY SHERIFF OR POLICE OFFICER: G_E_O_R_G_E_D~o-_C_O_N_R_A_D _________________ Whereas, _____ _ ,JAMESW.. LINEWEAVER has this day made complaint and information on oath before me, ------~----------C f TY JUSTICE OF PEACE of the said~. (Name) that ___________ _ (Title) _______ _,_H_,_,O....,B=A_,_,_R_,_,T'----"G=U,_,_Y_____,_R=E=E=D_,_Y __ ..._N--L..CRO"'--'C=l<--'---'-'I N.....,G=H..,__,A--=M'-'--1 __,,C'---"O,__,,,U'-"-'N,_,_T_:_V __ __;~H<ie '!!.ti~ €s~· __._I 26TH did on the , 19 5 2 : Unlawfully ________ day or.___ Jc._U_L_Y __________ AND FELONIOUSLY KILL AND MURDER ONE WILLIAM _ REEDY AGAINST THE PEACE AND Dt GNITV OF THE 00 MMONWEAL 1'H These ~; a1i'therefore. to command you, in the name of the Commonwealth, to apprehend and bring before the ROCKINGHAM Trial Justice Court of tbe-se.ffl. County, the body (-1,edfes)of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon --------------- color ____ Address ______ _ color ____ Address --------------- □ color ____ Address -------------- □ color ____ Address --------------□ color ____ Address --------------- □ ----□ as witnesses. 52 19__ �STATE OF VIRGINIA-COUNTY OF I. -------------------- , ------------------------, Trial Justice a Justice of the Peace . to-wit: m and for tht County afori:said, State of Virginia, do certify that and --------------------------, to the Commonwealth ..,________ as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of -------------------------------------- ), to be made and levied of their respective goods and chatti;ls, lands, and tenements be rendered, yet upon this condition: That the said ______________ of _______________________ _ to the use of the Commonwealth to Circuit Court shall appear before the Trial Justice day of ____________ _, }9 __ , ----, _ County, on the _____ _ at _______ M., at ' ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having~lding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is fina}b,-·disposed of or until it is declared void by order of a competent court; and upon the further condition that the said from the date hereof. shall keep the peace and be of good behavior Given under my hand, this ________ y ~ ~ (') 0 t-l ~ en '71 s· n, ~ ~ ..... . ~ day of _____________ ~ > ~ ~ \ '~ '-0 ~ ct- ::r ..,. (') 0 '71 t-3 0 .... E. ,.a· t-3 ~ E. (') 0 ~ en tn C: 3 3 3 3 ;:, ;:, 0 :l: n, E. ;. 0 a· llQ § > .... sen 0.., :, n, '< ""' " "' ("') :,:: ("') ::r Ol -· p, ..,. ~~(T-, 0 • c... • .., 0 ct..... g- '-< 0 ~ o'n 1--':::r ::, m.,.., i 0~ otJl Cb, ct-SU g-::ri ~ sen ~ ,.'71 n, ""' ., > .... .... ;:,p. (') ;..., ;,,;" ; ., ti" llQ n, > .., .., n, en .... t t-l .., E OQ ~ ., -'° ~ ;:, .,;:, p. n ., ~ ., C. 5.. n, '-< ;:!. 'O n, :, ~ .., ~ < ::;· (IQ < ::;· 0 ., llQ a· a· j>. 'O 'O n> .,.., F' ~ '< ~ O" n, - .,0.., 0 ..., ~ C. " n> ;. n, p;· -n 0 (I) t-l • V\ 0 • V\ 0 ---C: ;:: en C: g.::;.· 0 ;:, (I) I\) t-3 :::n, - g_ ...., ., 0 0 V !l> C. C to rv 0 '< .., .., ., n, > t"' t-l CD ::S to I-' :::i: ct~ ::r ..,. .._ ~ i.,:, cn 'rj :l: en t-i-· g--· t-3 z .... ..,.::s ct-;f CD i.,:, z == p 0== ....ti 1-'>o·co m O;. ::s c+ ;:, cn i ~ 3s= 0.. • ~ ~ moc+ t1 0 ~ c+ 0 1-'•::l::, ::r I-'• lb o c+ Ol f-'•0 • § 0::smm ..... b ', < ~ ;:, .... ;f sum o wl ),-1 C: 'O 0 m c...0 s= s= ~ ::s t-$ t-$ ~ ~ _ I H) clays V\§ 0.. SU,. N '" ::, • 0.. I-'> o..t1c... ,. \ m I-'::, ~ ~ t-j 0SU o' m 0 ::, ::, ..,. 0.. < t:, I~, ' ~ 19__ ~--- for a period of _________ n, - :l: a· llQ !. sen n, ,. (') 0 C: - r en en ~ ;::. n,.., n, 0 (') 0 C: :, g .., n, n 0 llQ ,.. =· �JAIL TIME FOR HOBERTREEDY IN - July 27, 1952----------------------- 5 days out -Aug. 13, 1952-----------------------12 days 8, 1952-----------------------23 days Oct. 1952-----------------------31 days Nov. 1952-----------------------30 days Dec. 1952-----------------------31 days Jan. 1953-----------------------13 to date IN* Sept. 145 Days \ ��• 5:30 A.M. Unit .............S..t..~:t.~........................................ Prisoners Reportof Rockingham CountyJail Name Hobert Guy Reedy .................................................................................................................... Address 5:30 AM .Date Put.in 7/27/52 R. Co. Jail ................................... ..:P~"Y.:~.()?....i:i.~.f..•..1?.~ .....#?. .............................................................................................................................. Male.?C....... Female ............Age .. Separated ?C. Widow ......... ?.4....... Race .. 111 11:;.~.~...Single ............... Widower ............ Illiterate Married .. Divorced .............. .. ....... Gr. School...~ .... High Sch ............. Vocational... ........ College .......... Drug AddicL ............Inebriate ........... Occupation .... .L.~l:>pr,~.r............... Reason for Being in Jail.. .. .....~~.i.~J.1.1S...~:r.~.ll.~ .................................................... .. Em ployed.X~.fl ... Reason for Release from Jail ....... Bonded Amount of Fine .. ................ Cost. .. State .....JC .. ... Sentence Time County ................................ City ...................................... Federal.. ........................... .. Army ............................... Offense Murder Miscellaneous .................. Town ............................... . Navy ................................. Others ........................... . FeL .............. .................... ABC .......................................... Ins ................................. RcJ-.,;;:. 8-13-52 Date Committed . Court Committed Transferred .7/?.7./-?.? .......... Date f~ .... ?.:-:-:.r-J• z_ From ............................................................................Type of Court .......'.?.{........................... from ................. Reason for Transfer Physical of Trial... ........................ Date of Release .. ~~ :.45-.... ................................Transferred To ............................................................... .. .................................................................................................................................................... .. Condition .........G.00P ........................................................ Contagious Disease, If Any ..~QNK ......... •·•·······..···· .................................................................................. Sheriff �J �Prisoners Reportof Rockingham CountyJail . Name ...f.ICJ.1)·~·:r-·~···~~E3AY. .............................................................. Address . 1:00 PM .Date Put.m 9_g_52 ......R. Co. Jail... .............................. . .....I?~Y..~.()J:1·~···.Y·~·~··· ~.~.?..~.J?.~ ....#.:J............................................................................................................ . Male JC .......Female ........... Age .-?4 ...... Race~'v?~~E3···· Single .. X Separated ............ Widow.... Vocational......... Gr. School.. .... Widower .......... Illiterate ......... College X High Sch. . ....................................... Laborer Occupation . Drug Addict ..............Inebriate .. XE3.i:i ...... Reason Employed Married. ............ Divorced .............. for Being in Jail. ..... '11.~.i.~J~g···'l:1~i,~~ .................... : ............................ . Reason for Release from Jail ................................................................................................................................ . Sentence Time Amount of Fine ................... Cost .. State ......~.. County ................................ City .................................... . ............... Army ...................................Navy ................................... Others ................................ . Federal..... Offense ~ ·······················Y.. Miscellaneous No Bond ............... ..................... . Court Committed Transferred Murder X Fe!. .......................................... . ...................... ABC ........................................ . Ins ........................................... . ......Date 9."'.".8.:?.~ Date Committed ... of Trial... ......... ..Date of Release ....................................... . cc From .......................................................................... Type of Court ....................................... from ............................................................. Transferred Reason for Transfer Physical Town ................................. To .................................................................. ..................................................................................................................................................... . Condition ......(}C>C>~······················--················ N."~?.~ ....... . .......Contagious Disease, If Any ..... ......................................................................... .. Deputy and J ailor .........H.8.-:n.~.Y.L ....PE=l.P. 11 .-t;Y. ................................................ Sheriff ��Commonwealth of Virginia, Rockingham County, To-wit: BE IT REMEMBERED, Hobart that on the ...~}~.~······ ...·..day of...........~~~~·~···············································, Guy Reedy her . . ........................................................................................ , pnnc1pal Beulah Shifflett 19?..?... , Marshall and ............................................................................................... . surety, who justified toX!Xs sufficiency, came before me, .........Rgr.r.Y.Jfl~.~:t:t ............................................................ . ..B~ti.l ...C.9.JXlm.i.l?.~J.Q.na~.:r ........................................................................................ , of the said county of Rockingham, (J. P. and acknowledged or Bail Commissioner) themselves to be indebted to the Commonwealth of Virginia each in the sum of.................. to be levied of their respective goods and chattels, lands and tenements, for the use of the Commonwealth of Virginia rendered, and they each severally waived their homestead exemption to their recognizance; yet upon this condition : That if the said ..........~.9P..~~·~···_g~-y: ...R~~.~'Y.:.........................._.................... shall personally appear before the Circuit Court ~Ile~~ of }{ockingham County, at the Courthouse of the ..........,A:µgµ~·~································Term of said County, Jr$~ t on the ................................ day thereof, being the ....;J;..~.~~·········da.y of ...........~~~~·~···························, 19.?..?. .., and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with the said charge, and then and there answer the Commonwealth of Virginia concerning ~~.~.9:~.~ ...~ ..:f....~~.~ . a certain ..~~.~!'.B~ .....9..f. .. ..R~.~.~Y. .................................................... whereof the said .....:w~~.~~~ .... ~1.. ..~.~.~.~l. .........................................stands charged, and be bound under . said recognizance until the charge is finally disposed of or until it is declared void and upon the by order of a competent court/then further condition that said Hobart Guy Reedy the above recognizance shall be null and void; otherwise to remain in full . co(JQ (I) ........................................ WITNESS g.C§~ tosi,O<t> O 11 P. force and effect. IN shall I hereunto affix my signature this .........J.3.~h .................... day of... ..A~~·~·~···········~...,. ~ [ 0 co p, WHEREOF, , 19 to o' CT (I) ... ,52.... ~ '" < to ~ I-'- CD .....0 PJ :::s11 C) SU CD ~ § Pl <..c:jCT :::S .....p, p. f-J ..... o' co co (I) I ll' ..... 0 p.~ �.. . To 1st Bail 1952 day August Term, Bond ROBART GUY REEDY v. COMMONWEAL TH OF VIRGINIA �TO H.DBARTREEDY, BEULAH MARSHALL, D. YI. EARMAN, A TTORNEY, AND HARRY BLATT, BAIL COMMISSIONER You are hereby notified the 18th day of August, • the Circuit.....Oourt 1952, that at 10 o 1 clock the undersigned ·ounty, of Roo/.~...._ A.M. on will Virginj_a move then , sitti~ at ~a is~nburg, ich was fixed by the bail ail my ase theramoun.t to commissioner to the said of the for• ace 'sed. 1952. • j �THE COUNTY or NOTICE OF APPLICATION TO CIRCUIT COURTTO INCREASE BAIL OF HOBARTREEDY EXECUTED.~~ - - ,,....,,___ Ot "'DELIV~R1NG A TRUE ,A ,, .a..,•. '7~ ~~(. ~~·'.• ROGK!~et~BY ~~p~~2~ IN PERSON~ ___ & 0 ,__ ,. A TRUE THE comnY 1 BY DELIVEZG IOCK1NGH,\M ?Y« mPY OF THE WURJli.- ro.-- tN A -- 1A.ttqvw:v~ 1 D. Qonrad ~ THE COUNTY,.~' DEL1vr:11nm A.. TR.DE George r:xr~e1~~~ ROCRING :,..... ~. .. �In the Name of the Commonwealth of Virginia: To the Sheriff Y01t of Rockingham County, Greeting: are hereby commanded to summon........f..~...i.l' ....:S.Y~T.~.., ...M.l' ....D..~ ..,...M.~.9..i..G~l...E.~.am.i:o.er, to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on thel4thday say in behalf of the Defendant of. .....J.anuary., ................. 19.5.3.. to testify and the truth to in the prosrcution of the Commonwealth against........................................ ................................................. a9P.~r.t...R~.~9:Y ................................................................................... . who stands charged with and indicted for a felony ~ And this you shall not omit 1mder penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Comt House, the .......::J..0.tA...... day of .......J.~p.µ~IT..J .... 19...5.3., and in thel?7t. ear o ealth. �lXECUTEQ//4-kN THE COU~tYOt ROCKIN~EL:ZG A TRUE COPY OF THE WITB1 TO I:'£ , •• --~ , IN PERSON. Jfl4. /-k ~ ~ ~~;rz=:t -- S,~ /(0 �C~ptroll~ Form 650 3M. Books-2-46 RECEIPT FOR FEES COLLECTED 19__ Deputy-Sheriff-Sergeant ORIGINAL-TO PA YEE �" \1 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham J County, Greeting: f ....A .•....L..•.....S.tr.aw:~.mC.-: ......................... . Tr.o.o.p.er....,I .•..... C.•....H.ash, ...Mrs .•....C.o.ra...Re.e.dy.,.....and ....J.ack ...R.ee.dy.•............................ You are hereby com~nded to summon ...S.he.~.f to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ..J.1JP................... day of...J.g._:p,µ~r..Y .................................................... 19.5.Q., to testify and the trut) to say in behalf of the Commonwealth against ........................................................... . ··········-········••·························· •.H.OBART ...GUYREEDY. ................................................................................................. . who stands charged with and indicted for a felony rt\15ae~. And this you shall not omit under penalty. And have-then and there this Writ. at the Court House, the ....'?..:th ..... . Witnes~K~~~~ii~ day of.. ..Jl?.-.n:ua;ry .................. , 19..5.3 ..., and in the 177.th. ·---,.,...,.~~(.;' TH ■ S ■ I.TIC-a PI.ESS 1 HAII.USON•UaG, TA.. �·nw COUN'fYiij§ECUTE •}.__t;('UTED· Thi/..~ ?3/~".._.. ;OC;IN w - _ _r-,_~-~-- _-:_'7o/,;1'lN l\.'E COUN'.fY 01 DELIVER !INGA TRUE COP 0 ell s:: Q) 0 p. '§ Cl) fJ rl ell Q) > a 0 ~0 0 Ol Ol Q) s:: .µ l>., 'O Q) ell rlO • l>., ;:j e, ~ J .. .. o l>., .µ ::> (.\l. I.() 0)0 s:tirl rl Q) •r-l • El p::; ~ 6 .µ ell ~" fil . ;j s:: ell ell • I-:, ,0 0 ~ ~ 0 8 HJ :\1E; cou1<~:Y 'Hf!u,..!..-..,u1·h.J/f£../13'N fu D ELIVER]ING A TRD-Ifw~KI.NL ..IAM 1~"--..1...L--==e-oPY rHE cou,.:n ~ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: V You are hereby commanded to summon ...S.gt .•....H .•....C..•.....B.irkhe.a.d .....Le.nni.e ....................... . P~yne .., ....D.eput.y ...Warr.en~S pitz.er. 1 ..... and ...Dr .•....L •....J .•....1 ot:y:c.a.•................................ to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the .....J:..1:.'!?.h ............... day oL ............... J.~.!\l~§..I.'.Y. ......................................... 199..~., to testify and the truth to say in behalf of the Commonwealth aga_inst........................................................... . ........................................................ ROBART....G.1JY ...REEDY.............................................................................. . who stands charged with and indicted for a felony P!l.~iM~#iSt. And this you shall not omit under penalty. And have then and there this Writ. Witness, JHl~lSl{:ll:'.JSWPi~~~.U&«-JsaG.~~t I day of.. .....J.an.1.,1.g..r.y ............... , 19..53 ...., and in the 17 TH& l&&TIC& PU!.SS 1 HAa.lt.JSON ■ U&G• •A. the Court House, the ....7..t.h ..... . �Comrnonweal th V.) Witness Hobart . Subpoena . Guy . Reedy To January 14, 1953 at 10:00 a.m. EXECUTED'/ • • -'IN THE COUN~Y01:' ROCKINGHAM BY DELIVEWNG A TRUE COPYOF THEWITHIN~ TO/4J 1,l~C IN iilsoN. nw-£4uui ~ :t.~'r-f...£.9"~f~l~~~~~:::!_ (.f,O SIIEfUff ROCKINGJiAM COUN_TY �In the Name of the Commonwealth of Virginia: You are hereby commanded to mmmon ..L.enn.ie To the Sheriff of Rockingham County, Greeting: .. P.a.yn.e .., ..Clo.Y.e.r ...EJJJ .............................. .. .W.i.Ae. J ... CJ_qy~:r. ..JU.JJ ..... ·;;:;::-: ............................. James Miller , ........................... merchant ,...................................... Clover Hill ......................................................................................................... Sam C. Heltzel . . .. ... ....... ..... ......... ... . .... . .... . . ... . . . . .. ... ..... . ... .. . . .. N..e.d .. .. . ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::i~ to appear before the J11dgeof the Circuit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the14.th.day say in behalf of the Defendant of. ....~J..8:!.1:1+:l:t'.Y,1.... ........... 195.3. to testify and the truth to in the proserntion of the Commonwealth against....................................... . ........................................... Ho.o.a;r.t...G.UY ..R.e.edy.................................................................................. . who stands charged with and indicted for a felony ~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .......9.th ........ d,y of Janua:cy , 1•5.3••• , ""' ;. th,l.3~~~ £~ , ~7Ja'z' c~ ~~ -il-~ ~ 1 �!Q Ct n ~ z l> _, • ~ rrA • ~ 0 ~~ ..... (I) 0 !::G ; .~Ha . . t-tj ~ Pl ~ t:1 l-3 s:: f·;::: E!l tll t:1 P'J ~ :E 1-4 • H 1-;1 ~ to H C l'T'I > $ 2!0 ~ :a :E > :c :a :::c. C') ~ C'"J 0 C: ~ z -< in person, :x, g ~ {") -- ::; s gn ~ at said .•.•a"~ ···········-·······=--0.....P.:.~ > . r ~ ~ ~ \ ...... 1-3 0 O ~ Ix f--3 o trJ 0 t•. 0 trJ C.: z ~ H '1j Kl '"JJ Q ~;p ,tJ~ ~ 8: i 1--3 ~~~e H 'Z 1--:• tc trJ 0 0 I-" 7 d 3 ~ t.-,o.- <-£ - "~ a u:o....... delivering hlS --~--- ... ' STRA\AJDERMAN ,~" ~ ....... --bY a memba • of v~~ •• 1.n"' 1 ~ being ;it said.~·"'··~·-·-~·-····-··· ...,............. ,r···o ..... ~_,,.y--,,;g~j:_---··-····ac O, ~~ ~~4 I /~~ .· .. person, I /A ~ d C trJ ,-.. u~u.._ ~ 1--3 K' > H ~ 1-3 tJ :::C trJ H t"' Z H ' <1 trJ at h1 # ~~·j'··~ ' ••.L: ..~..~.... -~ ..!..LV,/. .... ...1.....?. ...................... by deliverin1 1-4 i1 .... C) Hi 2 lace of abode, Executed~ hAr, ~n ' , .. -"C.,,I' ,. ~.,._y usual place of abode ......7.~& .......... -.~············-·····• being a member o his family above_.tW3 a~e of .1sdears, anC½8;c.B~ining th1:1 purport th,;,,,-,,, • ·~ -.-.. usual place of abode .........#-'~~~.::r,. ..~·····• his family above the age of 16 years, t' nd explaJ.91~ A.L.STRAWDERMAN �In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded to summon....... of Rockingham .. County, Greeting: • ..1-+.............................. . V ··············································•·····"·'•················· ... ······•····························· , • V i • ·········•·················..···•························..•·• ·······························································•·•v··· ································································ ··········"·''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the ..""4t.Qay of. ....... ...........'..J': ,-........... 19 .53 to testify and the truth to say in behalf of the Defendant in the prosecution of the Commonwealth against........................................ t O , ~..................... ................................................... who stands charged with and indicted for V :... 1"........ a ························································•····················· felony .,,,, And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ..............h ....... day of ...l.-,, ..+~.~ ... ~ .f .. ..... 19..53., and in the 7. ar of the Commonwealth. ··-r· ..•.. -~'·~·,ti- / .... , .............. ~ .•...... ,... . ......, Clerk ��In the Name of th :Commonwealth of Virgilia: To the Sheriff of Rockingham You are hereby comm .. ................................................. County, Greeting: ded to summon ..................... . ··················· Re.e.cty............................................................................................................................ . .................... Mrs .•....C~ra ...Re.edy .................................................................................................................. . ...................... J.ack. • .. ............... :Y~M:1.~. ~ Jl~yp,~ ............................ ········ ···························•·--· • -----------------·--··••··-························· .. ···•····· .................. '"'...... . ···f····•--·----------t-·····-····························································--···----------····--------·-·-----·····-··········································-········································ ·to'\ppear before the Jodge of the Circuit Court of Rockingham County,at the Court House thereof, at.10:00 o'clock, a. m., on the ......•....19.th ............ day of.. .........~.......... A"!Jg:U.~ ..t ..................................... 199.~ .., to testify and the truth to say 'iv behalf of the Commonwealth against ................................................. . • HOBARTGUYREEDY ····•···~·······-····································•··········································•·······················································································•·· who stands charged with .and indicted for a felony ~ And this you shall not omit under penalty. And have then and there this Writ. Witnes~, }llitj!)igUj[JSfftDulD~l1!1!ti!i:UOOmt~!l.1£lil!ffl!, at he Court House, the ....1,8.th... day of .•.Apgus.t ................... , THE ·••trc■ Pl.EU, HA••UONaua<., ..,,•. .,,.-- • �COI\'lliIONW~ft.LTH V. ) itness -:- ) (J) r ..... ,; Subpoena ' ,:., ~ (') (D ~ Pl 0...., C '< ~ :, er 0 < (D 0. 3 Pl 0 ,., .., 0 !b C, rJ C ' �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........~.~.!:ll:!:i.:~ ....~.~.~~················································· ....................... . • ···································1······························· ········································································••······································································ ' ·····················------··················································--------·-------···········•·······••··-·········-······--·••· ·························· •• ...·-··-···············--·-···-···--·--·-······ ··1·················-------------·-···-····•------·-•······-··········•····---·-··························-····••···-·---·-•····-------········-----·--·-·················································-•·------···· ·············-···· ..··-·· ................ ' , , ............................... ---·--·----··-·····················•··• ..•··················· ................................................................................. . to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at ~~'clock, a. m., on the .....l.4th ................. day of.. .............. J.~P.\l.?.:~.Y.......................................... lg?.~··• to testify and the truth to say in behalf of the Commonwealth against ......................................................... . ......' ....................................................... HOBART...GUY...REEDY .............................................................................. . ..···················•···•············································-······································································· who· stands char-ged with and indicted for a felony ·•··•·············································•·····• :.mt:sdmr.oo»ro. And this you shall not omit under penalty. And have then and there this Writ. • 1Ninr"i5?rlr-Y-wfilrn<,-~XA{,X")CCX:XX:X Witness, .f.-R~.r:rctt",:rw--rrd~ ;'C..terKun:rrrr'sm<i~, day of.....~.8.:1:1~~.!.'..'Y. ................... , 19.5..~...., and in the 177.i:;_h .. Y. TH& ···••ca ··~•s. HA.aarsON8UI.C, ...... 12th-....... at the Court House, the ............. �;:1 ..µ cu Hr-I t>,o .. s:.fl 0 r-1 0 tU .. r-1 LO • ms • t,') Executed the with in Summons by deli Vt:.l L1g a rue copy there of to Le~nie Payne/in per ■on in Clarke County Virgir:ia, on January 13th 1953 o:! ~ (I) 0 P.!>l t=:l ;:1 fil .a p t:! ~:~ (I) ....::Jrtl <I! f:2 <l; ~ tU r.r. cu • .µ~ CJ Z•r-H-l 0 fi:; •=-• 0 1-j :> ::r:: E-1 ~-~ •O 0 0 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to sumn10n ...A.♦-...L.•...Strawderman.,. ......Tropper ..J •....c •....Hash,L .. ........... D.eputy ...Warr..e:µ....SP,it.~er, ....Dr •...L .•....J..•....:[IP..ty:g.a .•.................................................................................... to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on,..the.21tt.L .................... day of.. .....Qgt.,9.~~·····················............................... 192? ..., to testify and the truth to say in behalf of the Commonwealth against ........fiQQ~:t-...0:ll.Y ................... . ....... Reedy........................................................................................................................................................ . who stands charged with and indicted for a felony ~ And this you shall not omit under penalty. And have then and there this Writ. House, the .....l..6.tb .... Witness,:bM~OO~~OOOOiltiC!C:@llID;IDf]sj:OO}(OCj:f.ii~ day of..09.:t.9.9.~.;t' ........................ , 9......... , and in the 17 -=,\ TH ■ aaa.nca Pa.Ess, HAJ.J.ISONBU&G, =~f..Ju1u1 wealth. -------------·· ••. Connnonwealth 1 s Attorney �. ' COMMONWEALTH V.) Witness Subpoena HOBARTGUYREEDY O t,lT'i l t .~u..· G A. TR B ti 0 C ;: ... 0 ~ '0 0 .0 • 'o ., i a. �DESCRIPTION OF PRISONER Eyes ____________ _ Color _____________ Hair_________ ____ Weight_ ____________ Marks _______________________ ---------------------------------------------------------------------------- I s- I Age____________________ · Occupation ______________________________________________________________________ - - ::--- /J I - -:,, .:, f<..1- :J Date of Tr1al ______________________________ ~------------~-----------------------------------Result _____ ~_CF __ / .£~ ------------------------------------------------------------------------ ��Comp!!'oller ~rm 650-3:M. Books-2-46 RECEIPT County of FOR FEES Wo-utL. ,/(,,__~ COLLECTED v;,g;,,;. rp,.f A 137902 ,:lo;) £), P"'.7:u'_ G~ Received of 196:l - $....... 1.~ffi--=---- __ c:____------>2.'.:::::=:::::=------S.~¾~~~OL____:C~-===:::::::'.=:::::::~-c..._DOLLARS L? For / In :atter_ ,A,#, of _ 7 .-t,..., On,_________ \ _.O_..._,~:::......<=='d=~=ype~of_S_erv_i_ce_o_• _Pr_oc_es_• __ VS ~ 19__ £ .. ORIGINAL-TO PA YEE �~· ~ ' �In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded to summon ............ Frank of Rockingham ..Caldwell. County, Greeting: .................................................... . to appear before the ]1tdge of the Circiiit Court of Rockingham C01mty, at the Court House thereof, at 10 o'clock, a. m., on the.2.0.thday say in behalf of the Defendant of.......... O.c.t.o.b.er., ................ 19 ..52. to testify and the truth to in the prosecution of the Commonwealth against.....U.9.P.?.-.:r.t. ...0.µy····· ............ R.eedy ...(.s.cire ...fac.ia.s ...on ...a ...r.e.co.gnizanc.e) .................................................... . ~~K~eJo.R-y:_:xooJi~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ....20.th day of ..Oc.to.be.r............195.2 .., and in thel77.t~ear ........ of the Commonwealth. ,,,r ../f, ...,.................. ,............................... , Clerk ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ....f.7.t.JJ..................... day of...Q.Q.t-9.9.~!' ......................................................... 19..?.?, to testify and the truth to say in behalf of the Commonwealth against ....HobarjL ...Guy...Re.e.dy •... who stands charged with and indicted for a felony~And this you shall not omit under penalty. And have then and there this Writ. the Court House, the .....:;1,§~b: .... Witness~~]l'i~at day of.. ..OQWP.e.X'. ...................... , 19 .5.f..., and in the 17 ..7J,h THB s•a'fla PaEU, HAkkJSONBU&C, ..... �1,,-- -~ ~ {, ) J ' ilia' .-..., ,-,~. .........., ~ i f,.iil ~.1[,.~~1~i,. 1:N , ... -,,, ... ,, _ UA- _,.... _,. ___, ..---- _ ROCKliilfl.J,ilU.!J. l"l)JllJTV td.:~Li A.---------·-srv:-p··~:-F L.STRAVJDERMAN •••• '0'7"~~-- ~~eem. ""··•·<,w,- COPl or THmWITHIN.._________ TO--=---·•· (D • .. ;3 SD C,J1 t\J {O 0 0 1-1 .... 1-ltv 0~ ~ ~ t_'l:j ~ o' 0 1-3 to !J> ::cl 0 ::::: ct- (') 0 0 1-3 c-t-1--j So IN THE COUNTYOJ:t • •• 1 ( l I~~ c-nA'·'f'."'\C·"',", . -·· Ro ■~ ROCKINGHAM BYDELIVERING'.A TRUE -mclJTED. ___ h\li!Jaml\~ Ahn-VG •n h'"""· usual place of ab ,alaoe of abo 0 Pl ::s 0 CD 'o §. UJ (/l Cll ~ !J> t"' CD i::s ct ! 0 ~ @ :2: ...,. ~ • .__,, ./ r,, ,Jf .l:i,, �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: .,....... . You are hereby commanded to summon ..... to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ............. ,1,............. day of...........c; to testify and the truth to say in behalf of the Commonwealth ' ....................................................... 19...$.., against ......... who stands charged with and indicted for a felony And this you shall not omit under penalty. And have then and there this Writ. Witness, J. RO~RT day of.. .....!.cr=.c--= ..~ TH& ···••c• Pa£n. HAIUUON&UI.G. WA. SWITZER, Cle,rk of our said Court, at the Court House, the..... -·...,..~ ... �Sgt. H. C. Birkhead �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, to summon ..Sgt .•.... H....... C......Birkhead, ....an.d...Iimnie ....P~ Greeting: .•......... ·····-------·-···---······-·······-················ ..·········,r;··········· to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the ......... 2.7.th.............. day of.. ....O.c.tob.er ........................................................ 19.52., to testify and the truth to say in behalf of the Commonwealth against ......Hola.rt ...Guy...Reedy..... . who stands charged with and indicted for a felony~And this you shall not omit under penalty. And have then and there this Writ. 1 Witness, JCEG:mEEXl~~m~BOl'~""Ji ~""J"J.'QJ'U.""'if"~'Uff, at the Court House, the ...l6.th ...... day of... ...O.c.to.be.r. .................... , 19 5.?...., and in the 17J:t;h..y r THI SBl.'t'IC! PJ.EU, HAkl.UON ■ UJ.C, ••· �copy ~ in person, ,,..., t ... ":'\~ ,/7 s; ct ct0 c:i. 0 IT~ i:o f--l • • , 0 ~ ~ (I) 'Cl 0 §, (/.l rn (1) C,Q a ::i::\~ 1--3 tI:t 13 IT ~~ cc: 0 ~ ..,.,. ~ I-'• p,l ,:at tu.:, u..tu ~ tI:t Eij ~ .<: ..__, 0 by delivering ..!.::--::~~ t\) p,l CJ1 0 0 .... f--.l t'I) 0--.J Q 8 tJj 0 ::i:: 0 8 p,l (1) -:::::: ...................... ..~ ...~~-- ~ at said ..~..?. ..& Execuu,,u~···-'-···"".✓-: ..... !" ..LL_L ,, of this .~---~··············"'·······to of abode, usual place of abode ......e.'.':~ ... h's family above the age of 16 true µlace ~ -tr I' .' I �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ..N.~9= ...W.ir:1~ ...C.tttr,~;;;.P.:~.I.';QJ.~P..,....GJ_q_y·~·r..JUJ ..).)..., . ..P1-ffg) ..,....S.~m1+.~J ...G.!.... U.~J.t.~.~.+. ...{f.9.r~.S..t.I'.Y ....s.~:r.:v::i.~.~) ..,........................................... .. to appear before the J11dgeof the Circuit Coitrt of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the27.thday say in behalf of the Defendant ...................................................... of. ........O.cto.be.r., ............... 19.52 .. to testify and the truth to in the prosecution.of the Commonwealth against....................................... . Ho.bar.t ... Guy .. Re.e.dy....................................................................... . who stands charged with and indicted for a felony ~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ....23..:r.A ........ . day of .9c:.t.C>?..~~······ ....·· 19...5.?.,and in thel:??t.~e �'f .J.-IN EXECUTE~-'. 'IRE v\J . ROCKINGHAMBY DELIVER- G A TttLJ,_ COPY N~.A~~~,(Ad,,.,, AL I • ROCI - - i'l""'J t«.J.UI,..,.__ -- cnu,JTY .zt. a#-1,,-/ ~ ~ ~ ~ d......tr~J-1'-,tL~~w -~. ~-/'. ~ .,-~--r-f,,_ • • , 'J• ' �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ......e. ........ J.~~...L.P.-r.~P..P.:~.r.•L.: .. , ....GJ.9.Y.?.+7.JU)., .. J..,. I to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at IO o'clock, a. m., on the,'7t. say in behalf of the Defendant day of. ... ... Q.c.. .b. , ........... 19.52 .. to testify and the trnth to in the prosecution of the Commonwealth against....................................... . .......... '............................................ Ho.b.,..·.t...GU:Y ...R.~.. dY........................................................................ . who stands charged with and indicted for a felony 11/irdnJaa.iJiIJ:. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ...,iJ.r.Q. ........ . day of .9.S...~?. ...!. ............ ?~, and in 19... th):7.'J .., Clerk �I..___ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ......... .N.ed ..Wine County, Greeting: ....C.lo.v.e.r ...Hill), ..{.thres.he.rman., James ...Miller. ...(me.r.chant., ....Cl.o.v.er....Hill.).., ....Nel.s.o.n ..Whetzel.,.(.Ha..r.r.ison- J;:>w..g) ..,....S.gmµ~J... ...C.~....m~l.t.z.e.l....( .f.o:+..e.s.t.:r.Y. ...s..e. r v:i c.e)..,............................................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the27fb..day say in behalf of the Defendant of ............Octobe.r.,. ............. 19,5.2.. to testify and the truth to in the prosecution of the Commonwealth against....................................... . ................................................. Hobar.t ...G:u.y. ...Ree.dy ............................................................................. .. who stands charged with and indicted for a felony ~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ......21tli day of .....0.G.t.OP.~r. ........ 195..4.. , and in thel77\~ear I t• ...... of the Commonwenlth. _, ...................... - -, ~-.............. ,............................ ' Clerk �r ,'I.. ... �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to s1emmon ..........ltefl .. t .i.n.e ..(.tllr.e J.~· .e.s....~ille ..... (me.re nt.,... lo:ver... ill).,.... . .he.r: County, Greeting: ntn.,....Cl.o.v..e.r ...Hil.l), el ....on ..W tzel.,.(.H rr.is.o.n- l).-..µ-_g} .., ....$....... µ~.l ..G.~, ...U.~...t.i.~.l.....C...9f~$'t.:r.Y. ..~e.rv.i.c.e) ..,-.............................................. . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at IO o'clock, a. m., on the2.7th.day of. . ........Q.c.tober., ......... 195 .. to testify and the truth to say in behalf of the Defendant in the prosecution of the Commonwealth against ......................... ,...... ,...... . ................................................. .be.r.t ...Guy .. e who stands charged with and indicted for a felony y .............................................................................. . ~ And this you shall not omit under penalty of £100. Witness, J. ROBERT SWITZER, And have then and there this Writ. Clerk of our said Court, at the C01trt House, the ...... 21tB. ...... day of ....P~.t.9.P.~.I.' .......... 195.?... , and in thel'77t~ear of thjj,..Com on;µ;_IalJ}:J. _'__'(., :... .... :-.. ... ........... 1::.?.f... . ............ , Clerk ��I TRIAL JUSTICE Criminal Docket COURT N<.>10245 Com'th V. Hobart Reedy Defendant AW 1 Appearance date 7-28-52 8-8-52 3 PU Trial Date Sufficient probable cause -Held -for action of Grand Jury 8-8-52 ~- I ~'It A �! ' t � 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/. Title A name given to the resource Commonwealth v Hobart Guy Reedy Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1952 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_016_013 Reedy https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_013_015_commonwealth-v-homer-breeden.pdf 3af4eab2afff6ccf9e65d3f487841bd2 PDF Text Text STATE OF VIRGINIA, ROCKINGHA1v1 COUl'JTY,to-vlit: In the Circuit Court The grand and for the attending their jurors Court present did kill dignity and slay of the This that before of Virginia, of Rockingham., October county, one Austin on or about feloniously Dean, and now 1939, upon term, Homer Breeden, in May and unlmvfully against the peace and Commonwealth of Virginia. indictment Dean, Granville and Millard county at its 21, 1939, in the said County: of the State body of the said oaths of said Lam, Willard Davis, the grand is found on the testimony witnesses jury to give of Otis HensJrey, Wilson Eppard, sworn in Court evidence. and sent �Manslaughter Commonwealth v) Indictment Homer Breeden Felony October term, 1939 ,,.. Foreman Witnesses: , ;Otis Dean Ypranville Lamn Vl'illard Hensley \[J~ilson Eppard \/"Millard Davis D. W. Earman Commonwealth's Attorney �JOHN S, JOHN CHAPMAN CHAPMAN AND ATTORNEYS STANAROSVI MORRIS AT LAW LLE, VA. December 20th,1939. Honorable J.Robert Switzer Clerk of Circuit Court of Rockingham County Harrisonburg,Virginia. In re: Homer Breeden Dear Mr.Switzer: We received relative to the trial your letter of December 18th,1939, of Homer Breeden who stands indicted on a charge of manslaughter in your Court. We wish to inform you that Homer Breeden called by our office a few days before the October Term of your Court and told us that he did not wish to employ us to represent him in this matter. Since we had heard nothing further assumed that no indictment returned that trial was returned,or on suoh indictment We do not represent and have severed our connection in the matter we if one was had already been held. Homer Breeden in the matter with the case. Very truly yours, Chapman & Morris,Attorneys. by d J, MORRIS �-____......s_- �C0M.i\lI0NWEALTH V. Felony H011ER BREEDEN I I I' I ) , (manslaughter) ��IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY,VIRGINIA COMMONWEA.LTH ) ) v. HOMER BREEDEN Your charge Breeden, is guilty ) ) } CHARGETO JURY is to inquire of the felony whetheD the accused, charged Homer in the indictment, or not guilty. If you find charged in the indictment, punishment by confinement of not less than one year your discretion, ceeding Dollars, him guilty then you will say so and fix nor more than five or by a fine by both such fine If you find manslaughter, in the penitentiary_ by confinement one year, or, of involuntary him not guilty, in jail his for a period years, for a period not exceeding as or, in not ex- One Thousand and imprisonment. you will say so and no more. ��The court pEesumed instructs to be innocent by evidence beyond every the until jury, that and unless reasonable doubt. the his defendant guilt is is established ��/ ----- INSTRUCTION The Court manslaughter is the killing or unintentionally act, follows of a la· ·ful act human life, manslaughter. as is the the jury that involuntary of a human being in the or in the as a conseq_uence negligent for while not feloniously, performance instructs act; doing perpetrator " or negligent when a homicide of such a reckless incompatibelrith oJ) of some unlawful improper and that accidently or culpably a proper is guilty regard of involuntary ��INSTRUCTION ----- The Court unlawful to operate State in a careless lieve from th doubt, that in this gross find the and reckless accused, and culpable the jury an automobile evidence respect, the accused instructs in this that it is._.._._. upon a highway manner; case, and, beyond Homer Breeden, if you bea reasonable violated and in such manner as to indicate disregard guilty, of human life, as charged in the of this then the law a you will indictment. ��C The court the this in defendant case arriving had and at instructs or they their did shall the not have disregard verdict. jury that a drivers the the fact permit evidence as to has pertaining whether no part in thereto, �.. �A The Court charged te~n against foundation personal that; in order carelessly death is meant not of a suit culpable of human life liability performed merely of another, if but no crime. killed, more but something as distinguished negligence is and of the probable liability be reckless injury of the or death; there which indicates consequence results the act in the to result or wanton safety it or cul- upon every carelessness criminal must necessarily that be predicated such for and where injured was gross as to show disregard of recklessness dama es by the person accused such a character because as of the because to cause such negligence damage action, it likely by the a civil from negligence, circumstances crime for cannot in order of the negligence; negligence, or gross criminal the gist simply for as is necessary disregard act; that criminal the ne·gligence negligence; of his is to be criminal must be shown that a callous jury representatives from such negligence pable the defendant negligence be the or be his than the criminal might instructs and of of others crime is no recklessness, is undPr imputed there is ���December 26, 1939 H mer Breeden and James T. Dean Elkton, Virginia Gentlemen: When tne Decerber term don December 18 Homer Breeden s uld lave appeu r and had hi cases t d wn for tria. Court ill again be in session on next C ecember 30., at 9:30, and in order tnu bu 1 ond na not be foren be here promptly feited I uggest t1at at 9 30 on that day~ tna use ay be set and "th9 court rnay be advise ' ttorney is. tr ly your, J. Robert Svitzer., Clerk �i) 0 bn P...l 1 -'I xr ba.s 'I 1:; t,: l '? j �December 18, 1939 r Johns. Attorn~y-· Chapman t- Stanardsville, a Virginia I understi:n t as indicted at the who anal u •ht~r CJ.large one Au tin Dean .. b. t u r re ent HoJer Breeden t •. m of our cou:rt on ~ 1 1th ~n his un erstandin to hi~ r cw; fail d to do write you o renson or in~, ning. case ill p ~1th sev_ra for 1 <.l a.th of t e av~ear pursuant o d, and as ne Quested ti.lat I t~ ascertain 0 his the As t.c1is at this ter along es, it m~y be nece sary g sowe ti.ne on or before on of ·reanesJn.1 on wl.t.ici ~ ' Fri da' B ray) in connection with the Yours very truly, J. I.obert Switzer, Clerk mb P.S. Should ou come to Iarrisonburg, to be here round nine-trdrt· J.R.S. please arrange or ten o 1 clock. �eeer al~ s~ a 'I 'I V 'I 110 d • 1 e :)01::>' 0 ,Cl,.._j" '!0 -- le 'I OJ' u ~ iiOx, t lJOf.8 ru.JO'I 9'! .rt d j' . ,. .) �ARREST WARRANT 6 The Commonwealth of Virginia,}T •t • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: D_._W_._Ea_r_ma __ n__________________ Whereas, ____ of said County, has this day made complaint and information on oath before nm.,__ H_a_r_r_y __ L_e_e_B_r_y_a_n~, ~C_l~e~r=k_T_._J_._C_o_ur __ t__ _ T. ]. or J.P. of the said County, on the that_H_o_m~e~r~B=r~e~e~d~e~D~-------------------------- 21st -~f~e~loniously day of ___ kill motor vehicle peace and djgnity Ma~~----• 19 39, in the said County, . did unlawf'ully and slay one Austin Dean, while operating in a grossly of the careless and reckless and a certain-- manner, against the Commonwealth of Va. These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the __________________ said__ H~0-ro~e~r-B ..... r-e.... e""'d ..... e#....... ----------- to answer the said complaint and to be further dealt with according to law. Given under my hand, this Memo. of Commonwealth 29th day of Witnesses: Name Address M. C. Davis J. w. Bazzle A. R. Burke Otis Dean ,,,-v Hansford Dean ~4Glenvil Lam vv Elkton, Y.V<l Va. �STATE OF VIRGINIA-COUNTY OF ROCKINGHAM, TO-WIT: in and for the County T. J. or J. P. or Bail Commissioner of Rockingham, of Virginia, do hereby certify that and ........... , have this day acknowledged Commonwealth State themselves indebted to the of Virginia in the sum of.. ........................................................................................................ dollars ($ ....................................) as to which they severally waived their exemption, to be made and levied of their goods and chattels, yet upon this condition: That the said shall appear before the Trial Jµstice Court of Rockingham County at on the.................. ......... day of.. ................................................. , 19......... , at ..................... . o'clock A. M., and not depart hence without leave of said Court, and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with said charge, and then and there answer the Commonwealth of Virginia concerning the within charge until the same is finally disposed ot, then this recognizance shall be null and void; otherwise to remain in full force and effect. 19 ....... . Given under my hand this, the ...................................... day of T. .., .µ ~ ;::l 0 u ~ ·p en ;::l -.. cd ..... ~ ~ .., cca "dO ~ ~ ~ u ,..c Cl ~ 0 ~I ca ca Q) ~ .5 C u s s0 .§ ... ~ ca Q) 0 u s::i Q) 'O Q) Q) H v; > ~ H ~ 0 ::i:: ·1 ~ >-...... .., >- V, Q) 0 ...a 0 ca ~.., ...... ca ... ... ... ... or Bail Commissioner ~ C ca t J. or J. P. '-.Sl: \\:;: 0\ "d ...... ...a : -s C QJ ~ C ... ~ Q) > ~ l:E u >..0 l:E 0 '"O '"O .., C Q) ca Q) C >< ·0() µ.) ~ ... Q) 0 ] v> ... .... ;:I u QJ ca ... Q) V, ..8 ~ V, :.a .... Q) ..0 j C"'\: ~ ~: <Q: ,~~: --.....:',: ·:4, : : YT YT YT ~: 'ii : : YT YT <Ft- YT YT Q) ~ V, -Q) u ~ ~ -~ Q) Q) ..2, ~ 0() Q) .5 µ_. .5 ;::I (J) ~ V) ~ ... u Q) .~ .., (J) ;::I ca ~ j (J) j Q) C ~ C ·a "d 0() "d C ca --. .... ·-ca QJ ... ~ ~ - I ... Q) C 0 .:!; ... 0. 1l ·;:: ... ca u (J) ~ Q) 0() ca ~ ..... -s ca .., 0 I-< j V, Q) u ·p u C rn ca Is (J)"d Q) en V, :c: .... C ca "-; Q) C Q) ;:I --. ""@ ~ ca ~ V, Q) 0() ~ ,i~L; V, Q) 0() ~0 I \~: ....... [ ffi Q) I G c½:~,~: : ~: ~ ~ u V, -s (l) ... -~ ...c: .., ··- Q) 0() ca l:l.O ·- ~½~~~A ' :~ ~ Q) ~ C >0 Q) ss E 0 t:: 0 ~~ u~ �After 5 days, return to CHAPMAN AND MORRIS, STANARDSVILLE, VA, Honorable J.Robert Clerk of Circuit Harrisonburg., Virginia. Switzer Court of Rockingham County ��Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to smnmon .......~ .. ~.d~ County, .... ~~.~~..... ~., :: ::::a:.:i:::,ea~:.:::gt::.~ ..~/.6.~~~~t ..~:;:f.o.~. Greeti~: ...~ ................... . ~~.~.~t~~~···~~~~~t..~.~.z~.se1:;y;: to testify and the trnth to say in behalf of the Commonwealth before the GRAND JURY ...................... 7~~ ivho stands charged with a felony misdemeanor. And this you shall not omit under penalty of £ 100. And have then and there this \Vrit. Witness, ]. Rj>BERT SWITZER, Clerk of our said Court, at the Court House, the ..././.. day of..~ ......... iil/., /.{-jl and in the ... year o the Commonweal!'::, ................ ,...~ ...... .., .........................., Clerk / l'HI:. S!cRVICE. PRESS, IIAIUUSONBURG• VA. ............ ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: b. ... A...,.. ......~~(.....et:.~ ../..~.~ ............ . You are hereby commanded to summon ....... ·:::aJ.21~2:::g~;;~ ..:·.·.~ ... ~::::::::z::.:·.~;-.·.· ..·.·.·;_~;;;~: 1 to appear before the Judge of the Cj!..~ourt of Rockfngham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ../:.2 ... clay of.......................~.......t ..~.~ .....-t:-:"7····· .............19d-?, to testify and the truth to sa~ in behalf of the Co .............................................................. ~ ru monwealth against.. ...................................................... . -£.--f..................... .. ~ ../ ./2 ..,-1 ............................................................. . who stands charged with and indicted for a felony-tnisdemeanar And this you shall not omit under penalty of £100. And have then and tliere this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .../..2 .Z:? . day of .............. :r...k.-.P.!.~ ..........., 19.'.'L.£7.,and in the l&f....t..lea.r of the Commonwealth. 'A/~~ I ··········~·························_.:'!:':ff.:-:~:~·.~ ............. , Clerk THE SERVICE PRESS �f,I ~,,-1,I ·it fa y fiuV£n ~,rH,,t,-/,. • gi •• ": .., .... 0 )- i .... 0 " CT Q Q. <» I) ;:,,. 12 0 ;) • :l b .... ~I: u~ ca C: i: :;,,:;_ .s ·VJ C J. el ~ i 0 >, 0 .--, 4- ~, .- ~ p ..,, C C E E :i :/J :i u :J) >( •• -J:C ·- i; C .. I!: C C ~ /1 qtJ d---U, /~~ ✓r.:> . f, -. t .f ! i,..• ,( • • I.. • C ' �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................. . who stands charged with and indicted for a felony mi'sde-m:ea:rmt. A~d this you shall not omit under penalty of £~00. And have then and there this jr_;p W 1tness, J.ROBERT SWITZER, Clerk of our said Court, at the Court House, the('/. ............... 191/...'2, and in th day of................. .4:-...rf./ ........ , THE SERVICE PRESS t,;.~ 16.. of the Commonwealth. ~...t..~~Clerk �y ~ ~ ~ ·i'.· l, '\$ . g ,_ t~ A :t) il C -= C: C .~ Q IJ :::, t.) ,ll )( C • E E ::. ·~ .... 1: ► l t �In the Name of the Commonwealth of Virginia: To the Sherill of Rockingham County, Greeting: You a,e h,,eby commended lo ,ummoa.?l~.~11~---;J!_~---~ ,;/·;:::;:::;.W1u;;<~·:::: ..~~ ../4~·::::.Km>:~., ~ ~~ ....,.=.tlrf~!Jt.~ .. K~ ..,,~ ..-... ~ .. ,4" .............................. . _.0 ...................................•,-/" ·································································-····················-··················································································•············ I ..,,. C :~ ;~;~ar O,~;::~: :.e :.~d:: :L.;.~11; ~;.~~'. ... :~ ..t:.'.;::Z.: ... ~o;;;;ttotht:s~;yur~n~ot~s: ttrhuet~eo;~ say in behalf of the Defendant in l~ ~r~ecution of the Com.monwealth }!gainst.r······-································ ..... ····································•·•······································•·~~4--.J'.. ........ ;(.._; ..,t ..... ?...P ~ ./✓ ......................................................... . who stands charged with and indicted for a felony mis-derrreziffijr.' And this you shall not omit under penalty of £10~ .. And have then and there this Writ. Witness, J. ROBERT SWITZER, ,I Massanetta Clerk of our ~aid Court, at the Court House, the...../. ............ . k.../?...::..............19:1...,?.., and in the ./if;.!£.year day of_.................•. d-- of the <;ommonwealth. J-~,, ~ f ~- ..-"..................... / '-- ' ....................................... : .................. , Clerk Paper Co. Print FORM NO. 5 �••" t ::'ind in~: ~_;.it~nville 1.rua ,1 t his usu.cl p.u.c c..bOd6 LXec •,l ted .T&n. lo, 1940 ½:· dCJ..i ve::.•inc u true conv of this ..jur~.Llons to },er:1u0l :i:am his :h tt.clr ill ;,orso11 u t o, iJ ler,ville ~~ .o. 'l l.1, J.,il p:.uce of a'oode. ._/ {: ~j. _ ~ vl c.e.-r~a-~_ ----v:_ ~J5.:tl~ 1 I I ;,;ot firnling ;7ilson Eppard nt t1is us·.ial p1uce f ?:.bode Exee:ited ~-r:&n. _,10, :l 9 1LO ~Y deli verinr; a true co~)Y 01· this 8:.t.-i:..0~1s t? I{ettie Jp1:ard his , .o thcr 1 n 1 t:.,..son, t...t Sf-ld 'i'1-l.,sun E9pura usual ... , ' '~ " lc..ce of' ~.Qd.e. ...... ~ ~ ~ ........ 'L\ 1 ~H- __---------, t I Q_~AA~V-1 ~ '~ 't.~ .. .. ~, p ~):~ -- t ~ t' "f.. 'fl ---~ '-- ~ Tr•~{f;b~~~u=~~. ~ \_ -- uourwns urrr,1.h"l. Gl[J ··.ru7-~ ~ U/ qoi,& . ;o ptii)'Jnoax_~ �In the Name of the Commonwealth of Virginia: :: :~:oe:~c~:::e a~h:~u::et::t.~/~~c~=f~~~.~~·~°-c~.il~~~.?.~.t~.•~~.~~~.~~~r·t·~·°-~~e to ..testify ..and ..the. truth. to.say Zh!. of ~h~Com~lt: who stands charged with and indicted for a felony misd.em~o a~st ~5!J 1 ········]······•·············••······················· . .And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J.ROBERT SWITZER, Clerk of our said Court, at the Court House, the ..../ ,..I........~.. day of. ........ ,..,< ../:'. .................. , 19..',t'?, and in the I ·~ of the Commonwealth. ' .., .......................... d-..'9.M..~.~ ..~.:/;;_~····t··········• Clerk THB SERVICE PRESS �d· I-'0 1-: ,. ::j f ~ P c-t- a, ::r' (t/,..... "Yl,!1 0 I--' , :.:s (/) le 0- : O O A, c+ CD ~ .J 1- ::::r CD 1--j 0 I-'· c+ H::, I-'· H::, Cll 0 l--: p :::i __ :, ., (D ;,a f--;! <n i- 0 Cl ::s !I :, ?.' rt ,_, ::i- % I" . '~.2s[ . 1• -= '5 I .. E 0 i I . (~ 0 it. l:;! 0 :::i c+ t+ .. •• Cll c+ 0 ~/ /8 3 3 .. 0 :, C '< C C ~ (D e,, Oc+ 0 s;s ~ .J ..... p, ,, ,. 1-i R -·.... (,1 r-, ,.. H ct- t-' < C -, >-< ~.:I CD .L/ o 0 ,_. I-' ;r ~ C I-' I-' t:j Cll C a: ~ (; 1 () .:::i,., ..., ..... ('. ::, <! :::i I-'· ~ I :r )< ~~ tr I-' ~ . (I ¢ f 1--'J Q (l) ' :, ,:, ~ j...J. er; CD ,.: I-' to I-'·~ < i::: I-' ~ 1....1 ..... ~ f-' (') ;. 0 .. t: • \. C e '< g ... �THE COMMONWEALTH OF VIRGINIA. TO THE SHERIFF OF ROCKINGHAM COUNTY, (jREETINGS: 7~ .~ ...................... We command you, that you take ......... .if he be found within your bailiwick, and him safely keep, so that you have his body forthwith before the Circuit Court of Rockingham County, at the Court House thereof... ............................................................................... . fy·· ................. i~~;;;~~-·· ............................. to answer us of a certain.. And have then and there this Writ. ./.7-... Court House the . day of....~ year of the Commonwealth. Witness J. Robert ............. , 19Jj, .... µ~ THE SERVICE PllSS-1282 whereof he stands Switzer, Clerk of our said Court at the in the ............ /6..,p!._. ....... . ........... .............. . ..__ �COMMONWEALTH VJ ��TRIAL JUSTICE COURT ~~ V.) DOCKET NO. 3oYJ � 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/. Title A name given to the resource Commonwealth v Homer Breeden Subject The topic of the resource Felony Manslaughter Description An account of the resource Defendant charged with felony manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1939 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_013_015 Breeden https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_014_commonwealth-v-howard-kyger.pdf ce5f0c55a526c31ce7d503864fe67c8f PDF Text Text I, Howard Y>Yger , the accused in the attached warrant, in open court, before the Judge of the Circuit Court of Roc1cingham County, Virginia, do voluntarily waive indictment on the said charge of bestialit:yz Given under my hand this ?£,£~g. Witness: .2~ ~day h ��Comp. Form 18-A I ST ATE OF VIRGINIA ~ OF Harrisonburg City No,______ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: R.H. R,vnes Whereas, John G. Leake has this day made complaint and information on oath before me, ------------------- Q°ustice of The Peace ___________________ of the said~. City (Name} tha1.-.._____________ (Tide) H __ o~wa_r_d_K_,,_y..::g:....e_r __________________ ___________ did on th carnally _ Rockingham 16th day of J~ lmow a brute animal; of the 1950 Code of Virginia, ---1·n tlxlx::DixlCounty to-wit; ' 19--2.§_: Unlawfully a female Pony, in violation against the peace and dignity of tm and feloniously, of recticn 18-98 Comnonwealth of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County ~ Rockingham Court of tbcaacid County, the body (~) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: ------------'-------- color ____ Address --------------- □ _________________ color ____ Address --------------- □ _________________ color ____ Address --------------- □ _________________ color ____ Address --------------- □ _________________ color ____ Address --------------- □ as witnesses. (Seal) �ST.ATE OF VIRGINI.A-COUNTY OF --------------------. I, to-wit: Trial Justice Justice of the Peace a m and for the County aforesaid, State of Virginia, do certify that as his suret _____ and---------------------------. _, have this day each acknowledged themselves indebted Dollars to the Commonwealth of Virginia in the sum of --------------------------------------( $________ ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to County, on the ________ of ------------------------ Circuit Court Trial Justice _ 19__ , shall appear before the be rendered, yet upon this condition: That the said ---------------------, day of _______________ at ______ M., at --------~~--------, Virginia, and at any time or times to which or further heard, and before any court thereafter having or holding any proceedings in connection with the for the offense· with which he is charged, and shall not depart thence without the leave of said court, the said and effect until the charge is finally disposed of or until it is declared void by order of a competent court; the proceedings may be continued charge in this warrant to answer obligation to remain i~ full force and upon further condition that the said -------------------shall keep the peace and be of good behavior for a period o,~----------....uays from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ 19_, _ day of-----------------, T. J., J. P. ---------------- ~ -~ n ~ ~ .: i 'ti s· ... hi ~ ~ ~ ~ 'ti s· "' ~ 0 e. n 0 "' .: n 0 B B 0 Vl p ~ it 00 > s· ~ £! ;: § s ~ 8 ... ._ ~ B B 0 p ~ g· ,:: ~ ;; p 'ti .,p n .. ~ :,, ~ if 00 ... ..> ~ tJj ~ '"1 :;?. t t.t p g, ., ~ c.. ~ 5· p 0 n :;,::: ~ - ~~ ~ Vl > ·r 9 tT1 '"1 ~ \ a,l ~, ~ C: ..g :, e: e:. ., c.. ~ '11 "' e. p .,c.. - '< 0 - .:;;i .. s· < ~~ p ~ ~ ~ a,l F· 8 .; __;;· '11 ..£! tr 0 rl, .... ~ ... Er ... "' "' :, '< "' z z '1 ~ tg. s· '"1 0 Ei:: Ei:: 0 0 B... tT1 n q'n 0 t) > ~ ~p. ~'"1 s· .,,,, ~ c.. .,c.. ~ g. ., t I~ e. ~ ~ ., B ~ ~ ~ Er ... ~ e. --~ ,-.,! .. ;;;·n n 0 Vl ~~ Vl 0 '"1 :, ~ "' .... .... ~ .. 'I- \. tJ\ ,.. . ' . ~ Cl I;) ' I;). "' ---... ._" C: ::. 0 ~ g. .... - l c:: p 9 ~ s· ;::;· "' n 0 "' /l ~- s/l ~ ... "' "' ... n - .. 0 n 0 [ 00 ~ \0 t:r" '"1 0 00 p ;:;· c.. "' �After 5 days return to DRAWER 1080, STAUNTON, VIRGINIA 7(t;n9 lli.e ~P 'ZJ e// fot I t,i\1 E TAL ~ HEALT The Honorable Hamilton Haas, Judge Twenty-Fifth Judicial Circuit of Virginia Rockingham County Court House Harrisonburg, Virginia �., �Circuit Court of the County of Rockingham on Friday, of July, in the year of our Lord, nineteen Present: Commonwealth a warrant On ~:tmim~ v. the 20th day hundred and fifty-six. Hon. Hamilton Haas, Judge. charging a felony (Bestiality) Howard Kyger This day came the attorney the accused, Howard Kyger, this and said accused county; requested the court came in the custody to appoint Sam· P. Conrad was appointed Thereupon, the court for the comwonwealth, being without an attorney as attorney of the sheriff counsel of and having on his behalf, thereupon, for the said accused. the said Howard Kyger,by writing in accordance and with the provisions this day signed of Section before 19-136 of the Code of Virginia of 1950, waived indictment or presentment on and the court proceeded to hear this case on the warrant. the charge set out in the warrant,/ Thereupon, on the motion of the attorney there that for t'1e accused, is such doub~ his for his as to the mental confinement proper in a hospital and a determination charge against Hospital, and report ca acity him. thereon is deferred. an attested to this court prisoner Pending a determination and on the further that of the accused is necessary the said Kyger is committed at Staunton, of the said ciency, said Kyger forthwith sufficiency for the insane care and observation, to the Western State of the mental and it beingmade to appear for of the sufficiency to stand of his motion of the accused, And the sheriff is directed to the Superintendent such observation trial on the mental suffi- his arraignment to deliver of said hospital, copy of said warrant. A COPY Atteste: A. E. strawderman,s.R.c. the with �) ~ ') .. ·------ --- - -- �Cont"'noneaJ. h Hovord Kyger y th de Superintendent or he ·,111:>t.e:-n St 1~ held unr1er a pr,~vi u 0 1r to\1~ rd f:y .er, to ·o~pit conmit,o:nt fro hrrgod to 'th the tz, id Hmr.:rd Ky for • j,"l.'lchhur Trtinin f rth r s~rvEit1on, ,,.,1th th~~ off ens~ rrt.nded an'l in noef of in::titut.io:r,..!,l ORD'TA,R.tlwt 1., hare the .zocusea. •l" <.H,re, it f buggery, is be com...itte ➔ tte s fa ble- accordin•~ly and tr~n.sf · School (depar~.uent for r.ed er dn l in$a.n ) , a tti.1 s Court :;or tria., 1 :..he &'' id I:'"y~or t be r t'.ti-111,~dt ...1e Wfleto n E!t.. te Hospi tt!l until .., ch ti STJTE O "it RGINI.A, OTJUTY OF n CKL:Gli/iM, To-wit: J .. Rob I, t S•,.ritzer, 1'(.z a .. hit re ...ovil tc tt e o.f.' the Ci ,"'-CU! t Cou t of thrt tho foregoing tn ;_,1e Court on th gf V;L;rol"aer r- Cl ark : for-es~.id. Cle-~ o, do he eby eai"'t-ty • • • t copy f ~m orde~ enterod r, 195l), in he case of ci • gee w!.th bu 't! ry, unt is that • , Vtr·gi:n y o!'fi oe In the Co ' :r s , HEREOF, I h,.,r UI t,. -et Y' '1; .-l "'ti. iiff1,t t e ~ tC co ,rt, ct Ft:a.rri~nnbur '!', nnd.dngh· m in1 ,. t· • s 7th <:~"',v o lfov ,~b-ll\, 1956. ��November 7, 1956 Dr. James B. Pettis, Superintendent Western State Hospital Staunton, Virginia Dear Sir-: Re: HOWARD KYGER- F..-43276 Your earlier letter of September 28th was rererred on its receipt to the Commonwealth's .Attorney for his enlightenment and co1n.1nent. In the mean.while the matter has escaped t ent1on, for \hich you have my apology. I believe the enclosed order will take care of the matter r'or the time being. As to the suggested sterilization, I don't believe I would have any responsibility in that respect, for it is my understanding such procedure is conducted where the patient is held,. Very truly Ra~ilton HH:mb Encs 3 yours, liaEs, Judge �t lJ l • t �! / /. / I I / l 6t .J L -/:_ { l zc -1/l ( " / 1 ~ - I ..l ) J V I) '< r -1? -/ir;.r le -C ( c--- (-: - l n t . I (t l r ( L ) , /J(q/ /0 , ) ~ <.__ I It / ....r \., I· l '--- !. ~ '! I 1 I ).. l- j ( l ('; /J • L I ...., 'I I I «··. l I .l .J ��/' \J. / ( / (_" r. T1 .J f • l L I .,l l. -/( )- -/ ~ �~ �WESTERN STATE STAUNTON, HOSPITAL JAMES B. PETTIS, SUPERINTENDENT VA. F-43276 DEPARTMENT MENTAL HYGIENE AND OF HOSPITALS 2 November 1956 The Honorable Hamilton Ha.as, Judge Twenty-Fifth Judicial Circuit of Virginia Rockingham County Court House Harrisonburg, Virginia Re: Howard Kyger Dear Judge Haas: The above-named patient continues in this hospital. Your records will show that he was sent to us by Order of the Circuit Court of Rockingham County, Virginia, for obs~rvation and report to you on his mental condition. On 28 Septeni>er 1956, we wrote you of our findings in the case, and asked that you advise us of the disposition you wish ma.de in regard to Mr. Kyger. We shall appreciate your letting us hear from you. Very truly yours, James B. Pettis, M. D. Superintendent ael 7/~Jr-6 ~~- Ok. J,., ..ar c fl-LA. e.~.4 Mf..--C,,,v':--.t~ _ a ?:~ ~lJ;~.w-" Kk..J~L D ~ r ~-iv M. o. ��WESTERN STATE STAUNTON, JAMES HOSPITAL B. PETTIS. SUPERINTENDENT VA. DEPARTMENT MENTAL HYGIENE F-43276 OP' AND HOSPITALS 27 November 1956 The Honorable Hamilton Haas, Judge Twenty-Fifth Judicial Circuit of Virginia Rockingham County Court House Harrisonburg, Virginia Re: Howard Kyger (Court Order) Dear Judge Haas: Thank you for your letter of 23 Noveni:>er1956, subject as above. Since it meets with your approval for this hospital to retain Mr. Kyger here, and the Commissioner of Mental Hygiene and Hospitals also feels this would be best at present, we shall do so. Our present plan for him is to present him to the hospital's Sterilization Board, recommending sexual sterilization. After that has been accomplished, we could then consider moving him to the Colony, contingent upon facilities available at that time. You are correct in your belief that there is no 11cure 11 for mental deficiency. The institutions for the care of such persons are largely concerned with methods of training the mental defectives to do something gainful. Very truly yours, ~~ Pettis, M. D. aines B. Superintendent ael M. D. ��ovember 23, 1956 Dr. Jemes B. Pettis, Superintendent Western Stz".:e Hos>it&l. Strunto, Virginia Deer Sir: _t the tie the order of November 7th out ex--rrining the confusing tetutes 19 on 37), I "-ras of the i pre1:sion on£ lesser felony be com:ni tted se vation -nd Ci,,re, sort o~ security entered n· wit1- and suspec-ted of being feeble-minde , i ht custody WPS on the subject (titles t ;; t one held for trial t,.) the Lynchburg Colony .ro • further nd ~1so erroneously - ssumed that provision existe· there obsome co safeguard the of s ch pri sonar. On further reflection I ~r,. inclined to believe that there is no cure or recovery f oD a feeble-minded stctus of mental defectiveness.. If thc:t is so, it seer.1 that thP. pending prosecution w1th ~ slould be bandone re ular coro1.it~. ent On the other hend, 1r to ntontc·d sufficiency nd t,, you to Lynchburg. ou feel for tri thet Kyger 1, possibly o d ill d e e be re tored he ,~1:.ould 1-Jchold at Hrr::on (Southwestern); however, it 'Will also meet with my approval or him to remPin at Western ctate. AwEi tir ... g :,our fur her word, I rem 1ri Very truly yours, Hamilton Hac:s, Judge. IIH;mb �'I "I T lJ ... �WESTERN STATE STAUNTON, HOSPITAL JAMES VA. B. PETTIS, SUPERINTENDENT F-43276 DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS 19 November 1956 The Honorable Hamilton Haas, Judge Twenty-Fifth Judicial Circuit of Virginia Rockingham County Court House Harrisonburg, Virginia Re: Howard Kyger Dear Judge Haas: This hospital is in receipt of order dated 7 November 1956 from the Rockingham County Circuit Court, regarding the above-named patient. In this Order, it is stated that Mr. Kyger should be moved to the department for criminally insane patients at the ~chburg Training School and Hospital, but retained here until such a move can be accomplished. There is no department for criminal patients at the Lynchburg institution. It appears that you feel the patient should be in a hospital where security precautions can be taken, and this cannot be provided at the Lynchburg Training School and Hospital. The Commissioner of Mental Izy-giene and Hospitals, whomwe have consulted about this case, feels that under the circumstances of this case, the patient should be retained at the Western State Hospital. If the foregoing meets with your approval, we should like to hear from you, stating your concurrence in this. We are willing to provide the care and treatment Mr. Kyger may require, in the hope that it may benefit him; however, if you prefer that we have him committed to the Lynchburg Training School merely to be treated for his epilepsy, we shall of course abide by your wishes. We shall appreciate hearing from you in this matter. Very truly yours, . Pettis, M. D. Superintendent ael M. o. ��WESTERN STATE STAUNTON, JAMES HOSPITAL B. PETTIS. SUPERINTENDENT VA. F-43276 DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS 28 September 1956 The Honorable Hamilton Haas, Judge Twenty-Fifth Judicial Circuit of Virginia Rockingham County Court House Harrisonburg, Virginia Re: Howard Kyger Dear Judge Haas: The above-named man of Grottoes, Virginia, was received into this hospital on 23 July 1956, by Order of the Circuit Court for Rockingham County, Virginia, for observation of and report on his mental condition. Mr. Kyger is now charged with crime (violation of Sectien 18-98, Code of Virginia, 1950). During Mr. Kyger's stay in this hospital, observation and thorough study of him have been done. As a result, the diagnosis, Chronic Brain Syndrome with Convulsive Disorder, with Severe Mental Deficiency, has been established by our Staff. This diagnosis indicates that while Mr. Kyger is not mentally ill (not insane), he does have a convulsive disorder, and his rental deficiency (feeblemindedness) is of such severity that he is considered incompetent. We have found that he has an extremely low I. Q., presently functioning in the Imbecile Grouping. This hospital takes cognizance of the fact that it is not within our jurisdiction to make recommendations as to action the court might take in cases such as this. We feel conpelled, however, to pass on to you the opinion of our Staff regarding this young man. It is felt that he should be sexually sterilized, and that he is the type individual who properly belongs in an institution for the mentally defective and epileptics. We are aware of the overcrowding at the Lynchburg institution, and should hospitalization have to be sought elsewhere, this hospital would cooperate in the case, upon receipt of a subsequent order for the retention of this patient. We shall appreciate made in this case. your advising us of the disposition you w1.sh Very truly yours, ✓, B. tis, M. D. Superintendent ames ael M. D. ���0 ��I, t -- �TRIAL JUSTICE COURT Criminal Docket N'! 21457 V. Defendant Appearance Date Trial Date 7 - / Z,- Sh A ��DEC - 1956 j;f{g Docket No. of VIRGINIA COMMONWEALTH vs. IJN WAr-rFfIH( ,- ) ) Felony(Bestiality) ) Howard Kyger -=-Sam=---=-p~·-C-=--o=----=nrc=..-=ca=d'----------P· d. Own ( ) Appointed (X ) waived, and coir,_m.itted to Western ~tate Hospital for observation. 9 7/20 56--.Indictment 11/7/fZ-~ ~ -3/%' P/~~~~ r+f.j-x~~J 11/f 1 ~~/~. ~~ q __.-: ---J4r 'l ,:::,- --1'1o CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co., Phila., Pa. � 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/. Title A name given to the resource Commonwealth v Howard Kyger Subject The topic of the resource Felony Bestiality Description An account of the resource Defendant charged with felony bestiality Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1957 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_014 Kyger https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_008_commonwealth-v-hurdle-hensley.pdf a912d600d507c42e5eeacdbf7be27138 PDF Text Text JUN r y" 7 . Docket No. 1949 COMMONWEAL TH of VIRGINIA ) vs. ) Felony #3 (adu·l tery) ) HURDLE HENSLEY Geo. D. Conrad, Com. Atty. Sam P. Conrad ~ _C~h_a_s~. ~A~-~H=a=mm=e=r'---',~J~r~. ~'-----,-----P• Own ( x) 1948 Ded. 20. ,, •• ,. I 1 J..{tf 17 I ( Indictment Returned. tv""~ lf;~1,,~ ~ l)J ~-p-~ ¾t ~ -1-i:7 /1;?~ --1---• I _A_ • -/~ ~~ ~- JLf~/ ,j,. d. ) ~ ·- l;A-V- -r,. r-a-w- y Appointed ~ ~- ,--<+-~ - 1/J// t & r-~ .J.- .• I 7-. J ijr CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co., Phila., Pa. -- ~ �IN THE CIRCUIT COURTOF ROCKIKGHA1'.~ COUNTY,VIRGINIA THE COMMONWEALTH OF VIRGINIA vs. HURDLEHENSLEY PLEA IN ABATEJ,IBNT AND 1,0TION TO QUASH The said Hurdle Hensley in his own proper person, and having heard the said ind:it:t ent read, says that comes into court he ought not to be compelled to answer or plead to the same because he says and contends of his plea in abatement ::: (1) and motion to quash as follows to-wit: That the Attorney Grand Jury t/i!returned this for the Commonwealth appeared before the ind~f!ment said Grand Jury was deliberating against this on the indittment and that he, the said Commonwealth's Attorney, for appearing (2) before inspection given the Attorney case and thereby improper heHsay and guidance, a certain p'roported statement for the Commonwealth by the prosecutrix in ext~ and evidence, that by so doing the Commonwealth's Attorney that which he is prohibited The said Grand Jury had already fore them under oath, instrument defendant submitted to the said allowed the Grand Jury to consider tempted to do indirectly rectly. this said Grand Jury; and, Grand Jury for their this against was not sworn as a witness That the said Commonwealth's Attorney allegedly defendant while the submitted including to them on instructions to Glen Hensley to~he for inte~o 6ation basis of returning ~ 1i;1w±itten of the Commonwealth's Attorney before the Grand Jury and as the of the witnesses an ind' , and sent be- was used by the Grand Jury as a same.~ -,) basis by law from doing di- examined the ~~tneesies the prosecutrix at- ~ment against this defendant, although the same Jury; and, (3) that the said Grand Jury had no legal them on which to found the inditiment CHARLES FIRST by them against this de- A. HAMMER ATTORNEY-AT-LAW 204 returned nor proper evidence before NAT, BK. BLOG. HARRISONBURG, VIRGINIA fendant; ford!-~o legal evidence havo/'been presented~he aforesaid �,I �Grand Jury, the indid;.tment is void; inasmuch as the Grand Jury says that said indi!tfment was found upon the testimony Hensley, who were the only witnesses of Cornelia upon v1hose proported fore said Grand Jury was found the inditiment, open Court of said indi:t,ment found upon the testimony This defendant and read as a part and Glen Hensley, of this plea, found an inditement, This ind:kt 11 into ent is of the witnesses, and prays that from which affidavit competent evidence was given by them before ~ be- Hensley and Glen Hensley". herevrith the affidavit Hensley ( the prosecutrix) testimony as shown by the return wherein it is stated, of Cornelia files Hensley and Glen Cornelia they may be made it appears that no said Grand Jury upon which it and it appears from said affidavits that the At- for the Commonwealth appeared before the Grand Jury during its torney liberation on the ind:itt~ment against from said affidavit Hensley, that defendant. It further appears sworn before the Grand Jury, Glen the witnesses one of the witnesses, of the prosecutrix this de- presented the pi!,fported writ ten s tatement to the Grand Jury at the request of the Attorney for the Commonvreal th. And this, the said Hurdle Hensley, prays judgment of the said inditement is ready to verify; 1 and that wherefore he the same may be quashed. -:w~~· COMMONWEA.LTH OF VIRGINIA vs. (AFFIDAVIT) HURDLE HENS.LEY ~ ---w-.,.,k VIRGINIA,1CM- ~avr-1 --------On this ~ --------- d.. 2, ~ pires on the P~ matters 6"~ and things his information, 1•rit:! day of December 1948, personally Hensley, the above named defendant, in and for the State t: M½-: day of~, set forth before the undersigned aforesaid appeared Hurdle Notary Public whose commission ex- 19SO , and made oath that in the foregoing the plea are true to the best of knowledge and belief. Given under :rrw hand this ~ ~XL2948. CHARLES A. HAMMER ATTORNEY-AT 204 FIRST NAT. HARRISONBURG, -LAW BK. BLOG. VIRGINIA ,Notary Public ��AFFIDAVITOF GLENN Re: HENSLEY Grand Jury. Harrisonburg, Virginia December 21, 1948 C. OVERTON Shorthand LEE ~eporler HARRISONBURG, VA. �STATE OF VIRGINIA, AT LARGE, To-wit: c. I, 2 Overton Lee, a notary 3 State 4 County, Virginia, of Virginia, before 6 at large, do certify me, at 10:40 a.m., National public in and for the of Harrisonburg, that this in the office Bank Building, day personally of Charles First this 21st day of December, 1948, and in the presence Charles A. Hammer, Jr., 9 GLENNHENSLEYwho, after 10 truth, II and concerning 12 BY MR. HAMMER : Harrisonburg, Virginia, of Esq. and Sam P. Conrad, Esq., being duly sworn by me to tell the whole truth, and nothing the matter herein, 13 Q You are Glenn Hensley? 14 A Yes, sir. 15 Q And you are the brother 16 A Yes, sir. 17 Q Mr. Hensley, but the truth the touching of Cornelia Hensley? you were summoned as a witness the grand Jury of Rockingham County, Virginia, 19 yesterday, December 20, 1948; is that before which met on correct? 20 A Yes, sir. 21 Q Your sister 22 A Yes, sir. 23 Q In the case of Commonwealth against was also affiant deposed: 18 25 appeare1~ A. Hammer, Jr., 8 24 Rockingham summoned? Hurdle Hensley, who is your father? A Yes, sir. C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 1 �- --I : £!. •. <ro1 orfj crlgul:iooff I :>lid•·r.; ~·r 1 'to ~.eb ,l r :_t rU ~ "fil)H J TA or- <9cJ 8"! I ' 'l . lV ~g dcoel·1:'!.cH .~ .i:g 'lo •1:.1.s .[ . j ecrq eri.:t !l .. ~!!S ~. t ,.,,..,. 9j ot ,b o::> 'I d ~ a,a.2.rf', .uo .,, ,(jJJ':[j .r... '!'"JI ... t a ,, 81 ju. t•r ob • .s r t g.i: ".t,..d so t sm err 'led 1r.r .'IeJll!IIS 9d ·re.:t·1. orl·•r s je t.Sb e:H: ,_.'I ~ . J3li'l T : g· I c) n:o a e '1:Vl:-IJD I df 1:, aJ:rlj ei'! '"rl-~· u•r;:t s!cdw ;gnlrf Jo.a b!W ttjnuoO M ;te a 1o c ~j.s:J-3 0 . tL8'IlV .eno·j ..L ~ r 0 t: 0 r t s .I " g'!l i:. 'tJ: ST T . V ~ . b.ns ,,..,v;iu il'! od . g.n. .[ \,II' .. IvII!"I IV j j "!GO asI•r.srlQ 'lo eo: 'lo erU .al '1 j' ... -0'1 'Itr(J.0:0 --:J:~.f'!.8 noe"I··q liI ,sq:q f!:'l .l ".dju'lj AH . ya I I , ar G<'I'.10 je 89.cr' l tbl.ch~ ? .s e lII . ;)':) b .nomawe 9'l ;g•tlV '1 00 j[1(J0 J,srlj- et- ..~sieneH IJO~ J . 'IM . u·. br n tJ1oof-i 1:o tg.µ-:,I t "TC to ~ ."!le • '1 e --------'l:l H•T ! l'IOnl lVO :) ~H OV.AHT I Al"' ~HPV ,Di1 fH1C,Zls:trAr i 'l =!i 'IS csi A sY A. 8[ u• �Affidavit of Glenn Hensley Taken: December 21, 1948 Q that 2 Will you state you gave before grand Jury? A 3 Just what evidence When I went in, and I told they asked me why wouldn't 4 talk? 5 was all 6 me what made my sister and I do that 7 the reason that 8 she went with bad boys and when I went with bad girls. 9 thought this them I didn't so about it and I told we done it, about that 11 way for a couple years. deliver to them any papers The statement I delivered 15 Q 16 18 under which- 1- and told 20 Q 21 Attorney 22 them that us when He He would correct us to put him out of the of\you by the grand Jury, did you or any statements? that my sister How did it happen that the grand Jury?--Just A and I told gave to the Commonwealth, that. 17 19 And they asked daddy wanted to correct In the examination A 14 them no. and me and her Just decided Q 13 And then they asked me it was the wrong kind of people. 10 12 know. my siste~ tell you delivered us, narrate The Commonwealth brought me to give that paper to the circumstances it up and give it to me t to the grand Jury. • Where were you at the time the Commonwealth's handed you the statement? 23 A In the hallway, right 24 Q What was it that 25 A To take it in front he told in•and of the Jury's door. you? give it to the grand Jury when I ~ C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 2 �tsiar.rsH an ID 'lo j 8~eI ~IS~ dm ocT "-u·, bl ':t'iA ; '::JI.sT I .O.Cl.6'I8 j,s1.U !. I 'Ije.ta.i:e -y;mj' tnbluow em ~rh· erl! be:llas -y;~d• ~.al jnew ~srl:t _erlj bn . j 1n l.c:ra L... en eu eH . .I'll;g I ob oj .:tnew I t.fj.i: "£, iu j I b.a.e ?~1 4 I j I I ce as "'..i:t:i;:t.LC.s l ~ a .t me oj· j· 0 €,"!'I •r'IOO I I buc ruerl;J' • io L.{j cdj bLo lb~ I ba.s ;:tl jrrod' "'dJ° bioj j' I 0:0.d-I I s n !16d -1 eH "IW e r rf j j l I j- e 0. .do , b b ,. ~r.Lt • LW rg 0 J j ~eJ0~ td 1I.s0• nornmoo ruid" oJ -y;d uo rfj 'lo ·"Toi' j o± ~a ~a .:t 1e 'l 9VB T .trn:;.xs uri;t a.I 0 o z~aq3q ins ",Ill j •dj m ri :ta""'' ej.e;j~ o➔ ·10•1 "Ieb .-:::ifT I e~ o.; tisb oj 'I8q ,_ j~1.u ,l .:ev r,-..o !JO j;; qq 'j lb j- l: ' ~oH 9 b.rt£-r r,, l1 em oj ;J.i ,;,v [)!I J erf.t oJ r .f!.S'18 j' .i.: v •. :t f erI;t e • j erU UOV, S'lSW S'lDO b oj 9 1 ..'IJJ , bLfo"I~ I s.cf;t oJ j ~ sv l· .c.a • ----3'JJ '10T 3v'O '.l H19013~ av 'i AC d2 A!vl,r)5UV ,flRUc.\.1O, fl,1A.d ·- .i •. e:a :1 o· ' A q ,<1 J u M. . v,w I II"'ri adj ba" I J. r~ �Affidavit or Glenn Hensley Taken: December 21, 1948 went in. Q 3 And did you do that, Q At any time, grand jury indicating were true 8 9 under his instructions? Yes, sir. 4 6 acting did you make any statements that the charges against No, sir, Q Did the grand jury read this I didn't. statement that you gave them? They wouldn't 11 had talked 12 and read it. 13 Q at first but I think to them and they called At that point, 14 Commonwealth's Attorney 15 witnesses let the Commonwealth me back in there me ask you this. enter again Did the the jury room after any of the had been in there? lG A Yes, sir. 17 Q After 18 A Yes, sir, after 19 Q And while they were deliberating you had been in? I had been in. on this case of ·yours? 21 A Yes, sir. 22 Q The Commonwealth's Attorney 23 A Yes, sir. 24 Q Do you know whether sent for the Commonwealth's Attorney? 25 your rather or not? A A 20 to that jury entered the Jury room? or not any members of the grand C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 3 �~e "'.crnHmrnH) 1 8~€I. t S ~'do b ··11A J iv ea :na~ T 9 cl 8 I <: r crlj .cx.i:need e,..c?sn;f .i.w . u. .as a b ~rl uo 'io SC 9 9 JclJ v10Hl vO ,:::l q 3,T:,1 ) .n 1 A - ,I u �Affidavit of Glenn Hensley Taken: December 21, 1948 . A I think they did, 2 that 3 to the door and said, was standing there because I remember the sheriff in the hall, one of the Jurymen came "Send for the Commonwealth Attorney." 4 Q 5 wealth's 6 A No, sir. Q You were not? 8 A No, sir. 9 Q Who was in the Jury room at that 10 A Just 11 Q The Jurymen were in there 12 A Yes, sir. 13 Q And they had already Were you in the Jury room at the time the CommonAttorney entered? the Jurymen. ment against 15 A Yes, sir, 16 Q Where were you standing 18 19 Attorney A at that time? heard evidence 14 17 time? on the indict- your father? entered that's right. when the Commonwealth's the room? I was setting on the chair right next when he went in. 20 Q Were any of the officers around at that 21 A The sheriff there 22 Q You mean the sheriff 23 A It 24 25 to the door was standing is the one that at the head of the steps Q in the hallway. or the deputy stood calling there time? sheriff? in the hallway right the names for them to go in. Did you hear any statements or any questions by the C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 4 �li nae.H) o ' l :IS -soecr 'I m.B!l ... erL e 'l I S03 c'lerf 1o e.an nenry;'lu , b·11 :.crnxsT j E e J j ' j -· X ut OO'I ( 1I a'Iej r j . .j j 1 j •'- ,...., c:l dj ::.>' . 'll e off .. 'I.U J "''19 .a "~,- ? oY W 8 .1.19- 1: 'S HO b'In9rf <-, " e r Gt T !If'lrW' ieeY A .brr b r b'"',S'lf.B . .s fi:t orlW 'j . 'll . 'j El 'Iii B .a ,. e.· en:t n· 'I.iJ 00"" 9 ".Ce !JO~ .t erri 'LJ.r . !:! j e c .::.1.dj I oO e t a -BWOO e a 1 . ./- ?m,o c-wo .J oj j $.( j , l'l 'I . b~ 'ls " "·j . ;t j.s c.- ..J. " erl;t .cwo .a ....'IBOl11:o 0• er:fj B C "'(; irqs 'b edj . 'l' "'"1c:-r," 0 T ,.. lt10f 1 ~a.a ✓ OViA T ') f 11 'ler. e '":i''t.'1 .d.:: erfj ,: 'cje jJJ 0 ', 'I e, :.1 i: j·a,w rI . rlw e 9 I . ~e e.:: 'loj '3 e ·!'. j rfo erij n 9 ,.. JJOV €,[, r , .JOY bta A 9 e o. �Affidavit of Glenn Hensley Taken: December 21, 1948 grand Jury asked the Commonwealth's Attorney? I did not. A No, sir, Q The door was closed? A Yes, sir. Q Had your sister 6 A Before me. 7 Q And after 2 4 8 both testified, 9 room after 10 were you again recalled 12 Q What was said 13 A Well, then, reading What papers 16 A That my sister 17 jury before 18 to dismiss these that are you referring papers out to us the Commonwealth came in, Did you hear them state 20 A Yes, sir. Everybody Q After Well, they called And the they was ready they started No, sir, "So far, everybody is that. reading present they called me 1n after that? they said, is free"--like were you and your sister A on. the case. Q free. to? had gave a statement 19 25 time? the grand Jury. Q 24 and you had had been in and talked to you at that he started 15 23 you? to them? Yes, sir. 22 you or after to the grand jury the Commonwealth's Attorney A 21 before the Commonwealth's Attorney 11 14 testified then, this statement at that to you, time? the Commonwealth up and then the Commonwealth had gone--no, they C. OVERTON LEE SHORTHANO REPORTER HARRISONBURG, VIRGINIA 5 �T aileH na I -y; ~ I "- ;:t-jA 'dj .n: b'b .j j : .a xsT - -- rU- b r.r.c' •5 I 11 cJ eoe • - 'l 1o j'v e ilS'I8 s: I ~'Ile E Q 0 V 9 . 'll j .• .I.JO 0 ee· cf 8'1 lJO b~ w ele 'I • €' j j as .al .c n .s al :>9'I cf C', t fJ .( r n; ojj !101' Qjjll ,., I fl a· e A fI Cl B e e !JO .[ 9j' c':L.. 'l j 'I. oO oorr 'lei 1 j g(j (> r j e~ oj j I.JO• oj o·se ..sj• ... C'Ieq.s.:._reeerl;t gn'b"S'I :tu 'h, "!'l ! uo I "'" ,J e 'I e'I e rljl .JI 08 e • 'IS'l j 11 j - _, c;, o;:t ja~ .e nerl;t Qd on~ j j dJ e JJ s:P ._o.--en t •o i. b.e \ CT rl o~ er T il • L--''a r{j ·r j .., " r f'_ . .bl ""E 1'.:. j .j ~u e 'I'l • e;t'l ·;t • j,C':}""'6'1q ']:9j f j ..nsrlj j 9 <!I j j . ,jsrfj ·SY . eq.sq oO no 0 ~ :J'". e j,a rU oj .r u .oj t .cfjocf ej j srl;t ·o JO '!01 d 'IJJ . e j I cJ:a y . "Ii e bod~'l I . V rl:t r em J"l J:e 'IIJO-y; brw lJO"Y; S'l'3 0 v' 0 '3'l beLL j Q' ' .rfj T ' �Affidavit of Glenn Hensley Taken: December 21, 1948 grand 2 4 6 Jury asked the Commonwealth's Attorney? No, sir, Q The door was closed? A Yes, sir. Q Had your sister A Before me. Q And after 8 both testified, 9 room after 10 I did not. A were you again recalled 12 Q What was said 13 A Well, then, reading What papers 16 A That my sister 17 jury before 18 to dismiss these papers that are you referring out to us the Commonwealth came in, Did you hear them state 20 A Yes, sir. Everybody Q After Well, is free they called And the they was ready No, sir, 11 --like "So far, everybody is that. reading present they called me in after that? they said, they started were you and your sister A on. the case. Q free. to? had gave a statement 19 25 time? the grand jury. Q 24 and you had bad been in and talked to you at that he started 15 23 you? to them? Yes, sir. 22 you or after to the grand jury the Commonwealth's Attorney A 21 before the Commonwealth's Attorney ]] 14 testified then, this statement at that to you, time? the Commonwealth up and then the Commonwealth had gone--no, they C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 5 I �'t"'I e.acH ruJ. +\(?.( -. S I 1o j· 'vs.bi:1:1:A d so0 :nsilsT 1-r s I I t ' 'l ..... A e• Cl a 3 .cu o;t S bn.e IJl P'86 8 .D~ S'me.d::r o j •-- ~ ,....c,V ......... I[ I I A ~ r ,.,~ :oJ :iJ e • ..., ult b ~'! Ol j riJ <;J f ._nedj 9 ar A <l/ e r e Bl l(I 'IS'l oe 1 •. er .bl...,e -ie.dJ JS .ae fj ba" au rlJ- ew: a oG erf:t re.LI.so ~ v, 1.'J .-x • e tC! 1 0 'tedj -I J • J v1 - 1 ',0 . T J,1 C ;!Ar , A l1't.,,. 1V ,,J,t ,. C' .0 I 1v A I I', �Affidavit of Glenn Hensley Taken: December 21, 1948 called 2 3 my sister Q statement and then they called Then what did you tell after they called A I told 5 Q Were you in there 7 A No, sir. 8 Q Did your sister, 9 them in regards to the you 1n the second time? 4 6 me. them all was lies. at all when your sister was in there? after the grand jury bad adjourned yesterday and you bad gone home, or on your way home from 10 the court room, did your sister 11 them? A 12 13 them that Q questions 16 A She told you that a thing each That's right. And the deputy sheriff 18 where all !9 Commonwealth questioned 20 her, 21 and never asked her anything of the people and the sheriff Q actions to answer the each time? Commonwealth took her 1n that 23 she had not said she refused 17 22 you what she had told time she came out of the room. 14 15 She told tell did, room, you lmow, in the room was setting, 24 A Yes, sir. 25 Q Is your sister by herself, her and couldn't and the get nothing out of and then they went on downstairs else. And what you have stated of what occurred and there here are the true yesterday before trans- the grand jur~? in town today or at home? . C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 6 �c: H 8'eL t - ---- I 'io .t lv o.l:'11 S ~edmsoea :nexsT .C:Ul - - - ----- .be.[ .BO J 9 !LIO. b L 'I.I.J ;g e.rfj 'laj'l bas cie ~ wo le a b or l II rfj .do.se ;g.al.rij .moo 'I{, ren 'j o-t bee.u 6'i adj r.1. 3rfe j _,_I.JO em·~o 'to !.i"\': bJ..1j E)rf 8 j 0 ·: Sill b "O'l edj,,. J.. JJO erl.i' bf!£ a e :rlsj e.c 0 B , !1.1. .i '!erl . ~ o.rol -v;:t.u b erl:t 'llc e'lo.c' tci j 8 f!O j,aE,; -'- l y,e ~a a Jjj3. I.u j ~:t·~·-rr a :tarU nl OO'l LJC . .s e , erl be olj. oj I! ~blb 11 .:in. dj u 'I ~ M euol eeJJp J" . f)ra j' ewn" 'lo 6"! rljI.s )1 .e .') r ~rl • ~ 'Ieri on baA ~ AHT>i' 08 wrommoO A 3., J ,10Hl 'V cl cl' de e.dd b. n~ 'Ierl 110v, 6.III ;t dT 7 'I .aa.c: ;t elj srle br.t \ \ ~ 81 �Affidavit of Glenn Hensley Taken: December 21, 1948 At home. Q Glenn, 3 Is what you told 4 told Just one more question A What I told Q And no one has intimidated the grand Jury yesterday. case with you or made you any threats 8 of any nature, you or discussed or promises A No, sir, 10 Q Neither have counsel for your father No, sir. 13 Q Has any member of your family 15 have told? what your testimony A No, sir. 17 Q Has any member of your father's 18 A No, sir. Your father's Q state absolutely counsel the truth family done it? have always asked you to in these 22 A Yes, sir. 23 Q And those statements 24 to you or BY MR. CONRAD: 20 21 talked should be or what you should 16 19 nor anyone with him? A discussed or rewards they have not. 12 14 this ha.ve they? 9 associated or is what you the truth? 7 11 I want to ask you. the grand jury the truth? the Commonwealth's Attorney 6 statements have all you have made? been made before Mr. Overton Lee? A 25 ---- A That I s right. ...-~----1----------------------------------1--C. OVERTON LEE --1/~ SHORTHAND /~HARRISONBURG, REPORTER VIRGINIA 7 �er 8 110 .lL.'leJ' 'lo l tIS ~- o~ a :ae~sT j . .uo }!en c,t :t w I ao jeeup e.ao o j o , 'I W 'I j '10 err..rfj n .UO"t e.£D ;.; 1ml ;t .a· e...rf I I e· I o o.a d I • b-=- A e I ) 'l lO.D 'y; I I 1 'Ierlits'.t 'll!O"Y; 'lo -r cJm. t I I l I 'I o;t I.Jov .be e.s 8"l.S • I . eb.sm ev.f.'rl uo 1 c:.. • n ej oY P A I ~2, \,Orn ,e: l . T>t.Y1..:.TlGlt1t.. T , ' �Affidavit of Glenn Hensley Taken: December 21, 1948 And further this deponent saith not. 2 3 4 5 I further 6 his 7 this 8 9 signature affidavit certify that affiant Glenn Hensley to each and every of the eight for purposes affixed pages comprisin of identification. Given under my hand at Harrisonburg, Virginia, this 21st day of December, 1948. 10 11 12 13 MyCommission Expires February 5, 1950 14 15 16 17 18 19 20 21 22 23 24 25 C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 8 �• rl Oil s .oc. el.cf.t {.al "'.SQ ··;gcr-v '•'!lj.ue 'lo e.eoq"Iucr • 'I,... .. • 'ISJO!IO H ;:ts f"f01: lv ~ ed e • q. .i ~ .B C) .. r! ;:J .aevlD !ISri .m 'le ..8.µer 0 (l 1o -v;.c ;:teIS I \ 8 Q Oi II f. cl ,r L" l J 110T, JVO .::.l RJ 8 All/I C ;.HA .~SH_ i"' iiV ,'Jfll 1 '_[1,J~ ��.. AFFIDAVIT OF CORNELIA Re: HENSLEY Grand Jury. Harrisonburg, Virginia December 21, 1948 ii * * * * C. OVERTON .Shorthand LEE !Heporler HARRISONBURG, VA. �STATE OF VIRGINIA, AT LARGE, To-wit: I, C. Overton Lee, a notary 2 of Virginia, 4 Virginia, at large, do certify me, at 1:41 p.m., First 7 the presence 8 Conrad, Esq., 9 sworn by me to tell that of Charles affiant but the truth 11 deposed: 12 BY MR. HAMMER: touching 16 against Yes, I did. 18 Q Would you state, and in Esq. and Sam P. being duly and nothing the matter herein, in the case of Commonwealth please, the grand Jury at that A me if that Q Well, I never Just what was said and was time? told them anything was so what was down there at all. and I denied They askec it. When you say they asked you what was so that 23 down there, 24 the statement A Virginia, Hurdle Hensley? A 25 A. Hammer, Jr., the grand jury of Rockingham as a witness 17 22 before did you, on Monday, the 20th day of County, Virginia, 21 appeared the whole truth, and concerning 15 20 of Charles the truth, December, 1948, appear before told day personally A. Hammer, Jr., the state Rockingham County, Harrisonburg, 14 19 in and for CORNELIAHENSLEYwho, after Cornelia, Q this Bank Building, 10 13 of Harrisonburg, in the office 6 National public you are referring that to what?--are you referring was to you had given to the Commonwealth's Attorney? That I s right. C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 1 �~ o· nu ·r 'UH J TA 'ilO duq TB I ,J!U..ro:) 0 !l Il a: lULB i'l :) I t.a.s...t'- ··n•L • .o· t 'lo lg,:.tV rL 1 r. • or br ·.s :gn:.i:.c:fo.uojrfjIJ ! 8 no "· o 'fl. - •b ~ 9 \ r 'IlJ.c ... . :o 1: C . '! j rl j'e.u·, ':' .s 1;er! .II j j .l.. be ab j' cjj;j 0 • a 0 8 <toj.tA q t!38 r ( ... j,erlJ- ,J a j!UJo nl j" I .e y u 9 bn II.Jt e -r I t B ~1 vi en· Lo· I I A r:, ;j~ W IJO b er'j 0 .:.'!•!C-.:1---·t le!Id·' ~ ... 3rf:t 9 -+ .. .,+ ~ ___ A I> c'= A l d ;s(• I [_ - �Cornelia Hensley Affidavit Taken: December 21, 1948 Did you ever tell Q 2 thereof 3 father 4 6 9 call under the questioning had had sexual No. Q Did you deny before your with you on any occasion? that grand jury that your A Yes, I did. Q How many times did the grand jury examine you and you back into Well, the room, Cornelia? it was two times before A II I was called 12 Q You were called 13 A Before. 14 Q What did you tell what occurred 16 grand jury? Well, A there down there them on the first when you were first and I first 19 because 20 Q All right, 21 A Well, that. in two times? they asked me if that 18 said, I would incriminate and I told I was out for lunch. back at 1:30 and I went in one time after 15 22 that had raped you? JO 17 by them, at any time, relations A father 8 the grand jury or any members occasion interviewed was all true That's by the that no, I said I couldn't myself. and was talk what I told them. then what happened? they kept on asking me questions like that them the same thing. 23 Q You told them again 24 A Yes. 25 Q Did you ever tell the same thing? them that that statement was true~ C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 2 �•··v • 111: _ eic.n a·. 1 .rs 'l:ec.' l rs.a.'Io 0 ~11eJf.oT 0 t --- -:- ,- ec:r d -~ 1· 'IO 't'l.lf 't j 0 I j V .' :ro.tc =>DO ~ '18 w. rUl · .ns.- lie:i 61 j . 'I a·.rr.ol ce.u ~d t 110 i!O 'I.Uoy; J.srfj b ., !IO rj .t 9 ~1e 'Io uo~ adj ,.uxse i9'I ad srrlm.s ~e l"UT !JC . blb ee erlj brt£ ,J rld'.B r 9 '?uo b.cw .s't fJ 1 '!en· 'I s n.sm:wo lj • -!- 'le "I -.a.... b i;o-y; ·' ~.rfj e o'l-- d I I.so uo OJ e w I I rte £10 fl . ea111l.t ov;:t 1 1 be.I ~... e·1s· 9 ;; Y ,J 1\ _o·e ooo j""c:cl'l erfd' no merlj liej uo,c '·o cl ful . 'lg 'IIJ . w f:r e j :iIL I n·· • r .L '!j I bl.s<,, I r1roo jfn o• I bu e Ir .s j r! j 8 I, .i: 'I' • .on 1:.Lr-""., . ~ e.neqq.ed j "j ~ .[ ~'"'01 ... sup e .n. ,I j alnj e ,.Lie acr· 1 bn - .., aerl· £1 e erlj alas . ··'Io ej \.,.;i . ;gni:dj ~ e 't.bt "'lerfj .J, " t I' -4 S'l W' T • !lF'.) ,J c- ~ ( :trl;gl'l !IA )1 -y:0 j ill .;} b '(I odj l~ lo T od:t b oj .uoY A .r .l 0 .Ire merl,J . D'LB �Cornelia Hensley Affidavit Taken: December 21, 1948 sir. A No, 2 Q At any time? 3 A They tried 4 brother 5 6 Did you tell 9 and my boy friend I told him. him the reason--told we made it up was because Q Then after happened?--was the first anyone else A Glenn, 13 Q Glenn was called 14 A That's 15 Q Did he take that did they get it, called into in after in after you, what the room? I was. you were? right. paper into the grand Jury? or how do you know? 17 A The yellow piece 18 Q Yes, that 19 A Oh, the Commonwealth's Attorney 20 Q Did he give it 21 A He give it 22 Q And your brother 23 A That's 24 Q Then did they call statement with m and I got mad at him. time they called he was called them the he kept interferring and kept watching 12 25 them my them why you had made it up against Yes, I did. A reason 16 I told your father? !l 11 it. and I had Just made it up against Q 7 10 to but I denied of paper? you had signed. taken that in. to your brother? to my brother. then took it in? right. you back in and ask you if that is true? C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 3 �.'·'·v b e.n-r J li.BT 1 8tie.c . rs !£I' as :JA \' .; I s .ml.c ;:;e • aa.s qu b r. I O' m jeu~ 5j 'I .d:Jo'ld I~ SJ d sY A W ilO ,SG,., rr rwot. r 110~ .'Ieq.sq 1:c soe· o' ed;t blb oI.:::e . e '11 rl;t . rtl :teg ~j. t J 9 rS ~JJ P T?O .'OT,u ✓O ,, Al '11r..S:UV ,l. 0 1AHrn , .:J f-'? JS 1Vc..lrlr \t- �Cornelia Hensley Affidavit Taken: December 21, 1948 2 3 A That's right. Q Did the Commonwealth's Attorney go into the jury room at any time while you were in there? 4 Not while A I was in there but I seen him when I went in one time. 6 Q Was that after 8 A Yes, it was. 9 I don't they had examined you and talked to you? know what he did. 10 or before 11 againo It was before Glenn was called 12 Q In other 13 .ft Yes, sir . 14 Q After 15 I mean when he was in there words, in. he was in the room on two occasions~ did they call A That's 17 Q Then what was the line grand jury asked you at that A Well, 20 Q Did they have this went into entered the room, you back again? right. 19 21 in Then I saw him when I went in 16 18 I was ever called the Commonwealth's Attorney then what happened? first. of questioning that the time? they asked me the same thing paper the first over. time that you the grand jury room? 22 A I don't know. It seemed like 23 Q Seemed like 24 A Yes, sir. 25 Q You went in before they had it it was to me. the first Glenn, didn't time? you? C. OVERTON LEE SHORTHAND REPORTER ~ :;ii~""'"'"""'·""'"' 4 �.eice t .e n-xoj ;J-A e 1r.fj ojal erfj ~1re•o8 a'ntGoea 'I e •j eildw •rl I nsrl I jJ.10 e•i:sd;t al £163 a.aw I ef.lrl· • + e<I.i:'l ec-rsrl;t .al B r e b.si: ;3;t'l ~S!fj I aerfw .a.se . c.: j j • "'.0:0 n e V .srij j - .aa A jorl . vm· j uc-v; b""-' • m - .sT b.:..a ;:t 0 ~ : t 8 A -eY (' nl b IC I rrc ILi: j I I.aed1 m r .a 1 e wane 'eI 1 e'Io1ad • .0:i. :.::no e.so 0 0 j e.rfj n )O'I !IO It OO'I I d;:t ·t n'Iojj erl;t berrajno . .a;.,._ B }!:, duo no [ 08 .;t NM .... rl1 'to enli v .j (' UO't j~ j • 'It: 0 r,:Lnj e j .te l:'l e C erl' j j' a.a c.~ •~- j 'I 1 j" rfj' ae .d 'j .sriT ,.. Y.O 'j b ,rf .wo ~ Ifj' '- n'I j 32! •.l l"' ID t _ l ,'C,H C'I. '>JO,::> "ied I .. A 9 f, ' 1 ' erfj o·nl: j.r I A b 1 meGt 9 l j 'GW cl .ae.c'.t L r,a l rTQ ' • 'Ii: ':'.uoi ;:t'rr j ~.I. e r.sri ,erl" :>I• [ f:>.... eea jI j 9 .srl 7 .rrerll'7l v.cxr(, b ,t ( ;J'l .u .b er!-+ O' .e 'I l'I '"'W j £'ij' &q q !C:>fl dj ':'b 'l5rI3' b.i:' £ 8 e ~eeY • 'I I rrI 'Ierljo eri '- , D'IO rt o ,9y oY 9 'I I 2, �-------------,------------------------------Cornelia. Hensley Affidavit Taken: December 21, 1948 2 A Yes, sir. Q Then the second time, 3 it and tell them that 4 at your father? you had done this 5 A That's 6 Q And you told 7 right. I told you might incriminate That's 9 Q And you denied 11 A That's 12 Q And told 14 father 15 boy friends? right. 18 all 19 said, 20 this 21 wanted them up there 22 them. 25 except clear." the statements you gave the you and your brother, up so that "As far And then there no, he wasn't clear, with you and your was a man there and he said as witnesses. it had glasses is on he was going to get night. But they never He called know what they decided. All right, then you were called A of the men as I can see the thing, Alger boy and the man I rode up with that Q as I you could get your And the grand jury--all one said, I don't because were true? them that there 24 that you, had made this That's again. right. 17 23 them the same thing a.way to keep him from interferring A 16 you were mad right. Commonwealth's Attorney understand because yourself? A 13 to deny them you would not testify 8 10 did you continue That's and then they adjourned back the third time; for lunch and is that correct? right. C. OVERTON LEE SHORTHAND ~ ;j:/ ~ REPORTER HARRISONBURG, VIRGINIA 5 �l : .ae2I.sT -- - --------- r..:n.t 0~ $ ~.r • LJO , b ~ 0~ id ~llr'O "'" ne.d'T' ,dj ,- 8 1-1- t . .... • <t: j- i.·;t UOl j" <' - • rf ·' 9 .n.i:. a.s e .u" :J 6 ".' ;g.::'l Jo Ul es:t :toa f r u--, 0 e J blo:t j' uo .':tree 'IL.JO l"!on • j.d;g lj- erf n'Icf 8 r·oo 11oi ·wo t fj" A ,: ~ 31 r:;· I I "~ T o swno A. fj I I I ' [J ll E r •rl q e:; .'..,.• .ae.i 'I'l ... • J L'I ~o CJ ll a 1 ;:t ' e ;:t ao e f:JOO 1 e•rr..b.rw 8 • rf • t,!)SID 'l'l r: ., ~ r ~ !l1 rJOv, rT o fl-:tB u 9 !:>a lJ0V:, j ,r;, ~! et j-0.al :t • :) ei:· H rfj b .rf rl . 'I rr • qu ocuf j bns .doauL ·.co b OT, .::,J jl lT '1 I? 06 ~ II rl e A eI a H V ,c.. ll o.a.s 1/0 ,'.) A.I V J2! A v j ".I 1 .i.eg A , lfi;j· rfj .nob - cr �Cornelia Hensley Affidavit Taken: December 21, 1948 2 Q What transpired A Well, there the sheriff on, said the third was waiting 4 me back in and asked me these 5 me about this 6 affairs 7 had been out with my---no, 8 around 2:00 or 3:00 oblock at the police 9 them my story? 11 was out here. questions here Alger boy,that him yes. it wasn't Now on any occasion, jury, 14 said, that or ever indicate 15 way or in any manner? your father true. 17 Q And what you told 18 A And they had me to wrlte·my tha.t I hadn't 20 to write 21 handwriting. 22 asked me--they 23 is so?--is 24 brother my name. I denied signed them I didn't all with you in any that, name too. you know. statement I first Then they told me it was the same them I did write about my da ddy, and I told What you told you may have that. "Then this and I had just know. the grand jury--- So then I told true They asked me why So I did and they said said, and tell with my brother. ever had relations I never. said station to them by anything A Q And he asked me if I did you ever admit to the 16 19 And they asked I had been with him and had up at the hotel grand 25 over. to go back home? And I told 13 So they callee he asked me why did I come up They said them I stayed Q 12 the witness with him, and I told I told Cornelia? came in, wanted to know what they 3 was I afraid time, it. that Then they you have here them, no, my made tha.t up. the grand jury was true and the C. OVERTON LEE SHORTHAND ~all~ REPORTER HARRISONBURG, VIRGINIA 6 �I ,.,, j r, j " .fl.erl ~ juo o·je r erf I I oJ:j "e ,.). Lil 'e C . ·:te·'jor.c e':t ev ..... rr ~ •. - fJOV, j I rnA f rfj· iw '! iT,.., d :t • 11 R ..O I -.. b d . .. 00:S 'IO rlT ! rto j, ( IJ no ,;sja ')0 .,a te 'i''" ~.ru·.., .j u·, ---v ....e,.rt'l I - Iod" 0 9 edJ -a erfj ,Q;Jj jl bl e LC U01l .ro~t srf.j W' oj t :~ "'f .on I e~.ao erlj m e ;;,J r ,.,.r.iT .·woe' l?.B l L j- ') ;:i I 08 I r ZB 01 I g I ., H 'IO ,r n I i'll 9 ~I ,. r V.6 j . e '., a b.aA j"T j bl: CI IJO-Y,- j~j I rl fI I, odj .. .'!Ut a • '.OV' r I 8 v1 l efi---'·.s'.1. 'II.JO 'l° j, rf 'I~V f). m ed;:, bioj I fl L fIIJO : f)j:~r,r'• e;t.::o.l:b.ui: '1:G ..... ·~ 'IO oj ... ?. ':'v· I .S ·•cro .aeed i) c:';i- 1: a • 91 ·r1 rij l '-r ~~11n't' root· o 00:r' ' lH el J ~hcd.c ~ o·i: tO.L --- s ·'orf erlJ lilGdJ • e){e.a . .a.r' -i· P.", ,10 r2morf ,X:) d og o;;- .uoy: .b.i:F id ri w j' bL j .ai n• rs ...,ru uoi erl fj" e Ioj ~ ;:, Ir~ ·, e '.(C t r)Cf sA J3 • srJ'):j' :t,,_mb~ oJ v.;a.• . r o.i:Ioa rlT £0 I m ,.coI ;:J-1n rfj • ae"t Ldrf fl e~oo I .b l fJ -v;rw e rJ j erf;t 'j up oa cf D.BD I f • 'T n .··0vo .G ~eer:r.S { !: 8 ;t:"d:1 ~1,1 e of rs s· r-rf sv ~ :I fJ I I . q '.f d' :IJ erfj ·b • b • IJO . I 1- --------33J 1110n:13VO.0 RJTHQq351 OHAHT~ ) Z 0 Al'11flRIV .<lRUa:,,oz !l Af' jrufV G s �Cornelia Hensley Affidavit Ta.ken: December 21, 1948 and the statement 2 to the Commonwealth's is that correct? A That's Q Has anyone, 4 jury about 8 9 this either matter Mr. Sam Conrad or myself, you were questioned until No. Q Have any members of your family with you or attempted 1n any way? II A What do you mean?--to 12 Q Have any members of your family change your testimony? 14 any of your family 15 or offer 16 this you anything discussed say it wasn't has your brother attempted you to or your mother or to intimidate or threaten if you would change your evidence you in case? A No, sir. 18 Q Has any member of your grandfather's 19 grandfather 20 change your evidence A 22 or your grandmother, in this your to have you case? the matter 23 Uncle Layton or your grandmother, 24 your evidence? A made any efforts family, No, sir. Have they discussed 25 this so? advised 17 21 by the grand to get you to change your eviden,~e 10 13 talked now? A matter was not true, right. to you at any time since 6 Attorney No, they have just with you, that is, and asked you to change told me to do what was best to C. OVERTON LEE () II . ~ ~~""""'""· SHORTHAND REPORTER ""''"' 7 �e lrs 8 ·:toj:tA a 1 d I.es El· ~eianeH s 'IS mooea : ~t1 1 j"- 0 "'!l j el: 'j a . ol1 e ··n.t o~neD 'OV, V o--v; 1: ' l! 9 '°' .a..e1fo ... r.rov; jog , e;t oj ,.ll"'tH sm: cw e'led 0 'IO e o j - - n: .a" e!II UO't uo·r Q_[', j 8 9 e 'ls;:tj,om jl"I.T 'I ~,-1•W .t)U I !l.i: o .ueblv::i wo-v; s rwrlo biuow uo 'U 8!1.i:rl.:t,a uo~ 'Io'l1o H <'l 'ro ~ee o elrlJ 'IUO rJOV: 0 l ~.[ e 1 'ledj.s "-rn•;'l jrr d oj 11 'lg b !JO . 1:o dmb 'I F-ir-r '!l.6 'I ~ee~o e. j . 'I. lei: j,sjj ~uo~ dj ·- n.edo oj- 110,C D"J'a~ bee .uo~. b edj jj •t !I l ed· rob.a 'I 0 "ILTO , .a.i: oo.a ed-'WO I <> ~!.l 'I"'..r,t l J-eed a.sw d".srlw o nd" m bioj ;:te t ev.ruf ~erij '!8 0 rb ~H 0 t 5- :J V,:-- '!..J ,i 33J ~OTSl3VO .0 y C .:f nod"~ J •o I I. .:>VI ':'so.o:ab oj ,.,'lb ··ve 'WO~ e f' I -<J I i, �Cornelia Hensley Affidavit Taken: Decmeber 21, 1948 do. 2 They said father 4 that up to me what I wanted to do. You have always been told Q 3 it was left to always tell correct, the truth about this A Yes, siro 6 Q And what you have told grand jury yesterday; is that isn't Yes, sir, 9 Q You have not been promised that's or making this true. anything by anyone for statement? 11 A No, sir. 12 Q And you have come here voluntarily will today; is that correct? A That's right. The Commonwealth and sheriff 13 free 14 15 questioned 16 la.st 17 me after on your own the grand jury had, before both I went in the time. You mean by that Q that 18 deputy 19 the grand jury as a witness? 20 the the truth? A telling matter; us here today and told B 10 for your Cornelia? 5 7 by counsel sheriff A questioned the Commonwealth and the you after The second time, after you had already I was in the second time. 21 One of the jurymen came out and asked the sheriff 22 Commonwealth. 23 witnesses 24 room but me. 25 to change my mindo So when he come up there, was in one room. So I stayed been before He told in thereo why all them all for the of us to leave the He asked me who got me C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 8 �·sbr1~n Y,$IeneH slien~o~ ~ ,i~ ~edsmoea :no ·~T j ~ ------- .ob -- o~ .bej!I£ •T I j.sr:f 'lJJOt •· o1 leem.roD • d am o;t q.u .:.."1:el a Io~ jl ------ Ill e ,eri'.P .IT£,ed e"t.ewI.a ev.sri uoY 9 .ob e $JU b oj .on i~ oj e't.:erl cu b.[od" ev rI uo-v; j ,d· ·w baA d 9 I j ' 8 A 9 . 'Ii e mTO ''IJJO'!f; GO "t U:'I.sJa.uLov 3 srl ~J.urfj ~d'09'!'100 djod 11 'Isrlz ev ,d "'ill00 bn.z .rfj I '°W J.O!!!filO:-) cJf '1 • IJ01' Bl ~'\': j!fgl'I o-r A ImA ~ s:-.oj Ir•. , t ,I G8ri1: 1-1 a I j' p_,rl cl ~- • t. .L .J Jc.el \I 9 e'!:o'i:--:6 .,5r1 l101l I 8f lf ae.u I .f!ooee I erid' al e.ew I 'Ioj'i.c fl.a I eu 1o .[Ls , em ➔ UO ·r.ctw ,~"ior1.:t q.u ef!I'J;} .0.C!Q')r>P G!ll.GO IT.G·, rf fi3.dw of: .d.:t.C.se·,u1ori.illio::> ,<; .. i~ ~ cs ------J J \.10TH3VO .0 H3T?0'13H 01-1AHTHC;a 8 Al>IWHIV .D~1.,a,1oz1 ,;;AH --- -- ------ - �Cornelia Hensley pffidavit Taken: December 21, 1948 2 4 You mean that A After the grand Q After you had been called occur 5 6 Q 1n the presence No. A in there in his 8 9 time. the Commonwealth's 11 grand No. Q What was this sheriff 15 the grand 16 back the third 17 18 while We went the grand jury they were in your presence?--did ask you any questions conversation on these up in the and questioning Attorney after two occasions by the you had been before and before you had been time? Well, A Glenn and I me a.bout anything. you at all and Commonwealth's jury did not they were there? A 14 but this jury? question ftttorney jury room while 13 twice, We got up here about 9:300 and while 10 12 of the grand but he didn't was in session jury? jury. Did he question Q the grand Oh, the Commonwealth called the first office was before the Commonwealth CBllle in and asked me why I changed my story and who got me to change it. 19 nobody, change my mind at all. 20 ing me like 21 your story 22 not that 23 know somebody told 24 and said, 25 he said, I didn't and he said, because," 11 What's this "I'm not---" or something you. He kept him on question- I know somebody did get you to change he says, big a fool", And I told 11 all like And the sheriff about? he says, that, "I'm he says, come in there What's wrong now?" "I then And 11 Somebody' s got her to change her mind a.gain." C. OVERTON LEE ~ Jr SHORTHAND ~ARRISON REPORTER BURG, VIRGINIA 9 �er. n 'lecfmso 'j d O'IO j liea~ro:J :.ae}!.aT a y ;J s e.rU 'I -;t'l lb d-011 P..i j.u J l eo • 1j be If. ~ n . eW ae j.uoo ► :e al. f.:t :) S'!erl ro L' .. " "! 9 'lo eo:i 38'.tq 'I;g srlj 'IIJ". bII eII n.asii:> .ae cf b :) .cUI ewnorr :) qu jo • f) e ,cJj je'I.i:'l "j " '.W-000 " A .o ,:,dO "'fj .ai: O'l':3 j ofij nl: j.'.JOG ~ .!l 8 9 '\:'Iii e erl~ .d .bn U eeup J.nl110 no B'..,'X"'V.ao e ··rlj r1 j e 1:J..'"0!18 I I• I .£13'1" :'a :J o 6 rfj lrfj l>l I I rf e 1 I Ir~ lrrrrd bioJ \-no· r: lei " erl . e'IeLf :t rr. rrA "~VOrt .,.n.:. ..t j9g c.rf II ocfc oe "" }!J: 3!!IO '1 ff. <!W a':t 'l"'n .,.L I 'WO ru' I'' ---jon '",.;~dj ba·m on·rn -y;m C n "' .-0 T -~e 11" rredj '1~--~ uoi j e n rf ') T f10 jiFu fLB rfj .al b :>Ia b l ,.e ,r .n •) d" ot 'I e 1r 1001 rl joa cf 81 'Ioj ·a ~ oj elrlj boc:f'1!! l . .rw :Jfl:I em gn· rl .,.uo r . :t 1 ab"·b I 11 ··o .nld;ternoe S'j .se erf ' rle e·Lt bn rl\l - [ rbode e'J:rl1' ode j '1 .LJO"' I l .B.dj .toa oc worn lb r oe11 I l ~- 8 I fx "'C rl .J 11C Sl3VO .0 ;- r ) i �Cornelia Hensley Affidavit Taken: December 21, 1948 Did they make any statement Q 2 you had to do or anything 3 4 Well, A going to tell like I didn't that? the Commonwealth asked me, says, I said, the truth?" "You want to go down before 6 to you about what know. He says, "I don't the Judge?" know" I said--I judge or wait here?" 8 says, 9 say anything. 10 Q What you did tell 11 A That's 12 Q And you now deny on your oath that 15 I says, "I'll "Are you going to tell that 17 A No, I denied 18 Q And you say now that your father has never 20 A That's 21 Q But that 23 that 24 the He J\nd I didn't the statement is true? I wrote down is true? Yes. father him right. Q 22 told grand jury was the truth? What do you mean? the statement A there wait here." me the truth?" 16 19 just you gave the Commonwealth's Attorney 14 He says, "Do you want to go down before 7 13 "Are you it. It was all lies. is not the truth had anything and that to do with you? right. you did this because you were mad at your and wanted to get him out or the wa.y for a while; is correct? And further this deponent saith not. 25 C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA (j 10 �;j JJ . e j o:t 0 J.JO :fj 0 no l ' wom! a ~ j rl 1 11 I ~ .1. 1 a I 0 d 'IO' ;t 1 ob'- -- ;t j 0 .e r j" • ...., j I b.a rt JJ. .$ ~ j d .u'!j erl;t '1 r orfj ~e r oj 0 e d !~ 'l 1:o· j e t !IO 0 8 .:tlJ'IJ b 0 l.rr 0 '10 T C 0 'I 0 II e \8 a .:tu'Id' .cfj 8"" .b ' lJ~ II r.fj 'I8 j j~ fJO 9 lj ;tae 6.; j .-.r1..a. .:te e 'I . E ·wo 0 a 0 'l a· o j jc ;ta A o 'rl:t I e ' ? ~If j ob ;:t ' 0 j .9lJ j ne •. j' V • .d:t ·! j I • od' 0 rlT C lj e· j, l . t 'W '1 0 . 'lo :iuo 'IO, j j ~ •ri j ---j ..I. rl-'- o, A 'I a "Ierij j i "+ .jf'N j 'I fl ?uo . d.:t • :r u LJ V 9'l 00 j rfj �Cornelia Hensley Affidavit Taken: December 21, 1948 I further 2 her signature this 4 5 affidavit certify that affiant Cornelia to each of the foregoing for purposes ten pages day of December, affixed comprising of identificationo Given under my hand at Harrisonburg, 21st Hensley Virginia, this 1948. 6 8 9 10 My Commission Ex:r:tres February 5, 1950. II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C. OVERTON LEE SHORTHAND REPORTER HARRISONBURG, VIRGINIA 11 �jlv "t1 e eaoH l Ien·1.o ::> j nej .nol e.t.d n ·r.i.V ~ere.aeH 'I - cf.me..,,- I • 11 alose'!o o· ljaeb· ~ b 11 ' I ..I" e :,:e.d 1o j 'Ir.rd.aoe • 'I'!. 'I!J '101 .srl m 'I e j V IIIJ b '11 V , •rl:t I ,. D • ,L.., 8 JI ill I I I "'"3, lt'OHl3VO ~ r .,_ Tfl q,_ 'lV A: I-' HIV ,< • I H .:> 14 ~ ~Ali I �T_ l �PrisonersReportof Rockingham Jail ________________Date ✓ Arrested_/L::2/_---_:f Date Bailed Out_ ___________ . ___________________ Again Placed in Jail. ______________________________ Male/ ----;z:--___ _____female ________Age_'/.Y._ __Race.u)_ __Single _______ Married __~Divorced _________ Separated ________Widow ________Widower_ _______Illiterate ________Gr. SchooL ------High Sch. _______ V ocationaL ______College ________Dtug Addict__ __ Employed ~Reason fot Being in )aiL.k Occupation do/--~-- _l2ii_'___________________ _ Reason for Release from JaiL ____________________________________________________________________ _ Amount of Fine ____________Cost_ __________ Sentence Time ________________________________________ State ____~----- County ___________________ City ___________________Town ___________________ Federal_ _________________Army __________________Navy __________________ Others ___________________ ____________________________________________ Fel. ___~ Miscellaneous ____________________________ABC ________________________Ins. ________________________ Date Committed//_-::-/4-f-c-e _7'.e;:;;_ of TtiaL _________________. Date of Release __________. ______ Court Committee From __________________________________________Type of Court_ ___________________ Transferred From ________________________________ Transferred To __________________________________ Reason for Transfer _____________________________________________________________________________ _ Physical Condition ________________________________________ Contagious Disease, If Any ______________ Fine After Prisoner at Jail; Amount to State$ ____________Amount to City$ ____________ Date Reported ,,. 0-/J J / )! 1 (7' ~ 1 ______________________________________ ~J Deputy and Jailer I <-f'/ , '-{f • __________________________________________________Sheriff 't. tu--. ��IN THECIRCUITCOURT OF ROCKINGHAM COUNTY, VIRGINIA CO.,~JlONV.TEALTH OF VIRGINIA vs. HURDLE HENSLEY Comes now the defendant, quash the venire upon its face. facias Hurdle Hensley, impaneled at this by counsel, and moves the Court to term of Court for irregularities appearing �,,,. �IN THECIRCUITCOURT OF ROCKINGHAM COUNTY, VIRGINIA COMMONWEALTH OF VIRGINIA vs. HURDLE HENSLEY Comes now the defendant, autreforis (1) acquit of codefendant, That he is indicted with one, Cornelia (2) Hurdle 'Hensley and files That on to-wit: tried estoppel, Court with having committed adultery on to-wit: the 27th day of November, 194$. the 12th day of January, by jury in this his plea of res adjudicata, and plea in bar and says as follows: and charged in this W. Hensley, this Court on Warrant 1949, Cornelia W. Hensley was charging that the said Cornelia W. Hensley did on the 27th day of November, 1948, fornication on the date aforesaid, of Section 4543 of the Code of Virginia." V. Cornelia f'ollowin~ verdict, "We, the Jurors, find the defendant Lyle M. Armentrout, Foreman. That this petitioner by That the jury impaneled in the case heard that day, in the case of Commonwealth of Virginia Cornelia commit with one, Hurdle Hensley, a person whom she is forbidden law to marry, in violation (3) "Did unlawfully says that the charge W. Hensley, manifestly against the joint returned the not guilty." him and against the said and of a necessity, committed was one that required the said Cornelia W. Hensley, W. Hensley, if any offense was act of both the petitioner and that a jury having been duly impaneled and having heard the evidence of the Commonwealth in the case of Commonwealth V. Cornelia guilty, W. Hensley and having found the said Cornelia that defendant the same is now a bar against for the alleged identical petition warrant in against this the case of Commonwealth V. Cornelia of Commonwealth V. Cornelia of the verdict of the jury returned as by the record said judgment remains in full thereof thereon against not this in the warrant against petitioner. and prayed to be read as a part thereof of the warrant part hereof proceedings charge contained Cornelia W. Hansley and the indictment to this further w. Hensley Attached is a copy of the w. Hensley. W. Hensley together In the copy with a copy and is asked to be read as a more fully force and eff'ect and at large and the appears; which said Hurdle Hensley ��avers and in fact says, Hurdle Hensley referred that he, the said Hurdle Hensley, to in said warrant Hensley is one and the s~me person; Cornelia,. Hensley was arrested of Commonwealth V. Cornelia W. and that the charge of which the said and acquitted of which the said Hurdle Hensley is now indicted to having been committed by Cornelia charge; and this w. Hensley, as aforesaid and the felony is the same act alleged who was acquitted of the the said Hurdle Hensley is ready to verify. Wherefore the said defendant discharged and the said prays judgment, and that he may be dismissed by the Court here from the premises in the present indictment and specified. ��6 Arrest Warrant The Commonwealth of Virginia,} T . • h am C ounty, o-w1t R oc k 1ng To the Sheriff of Said County: Whereas, ----'G'-'e"'-o~•_D_._C_:___=:_o_n_r_.:a_d_,,_, ---'-C_o_mm_o_n_w_e_a_l_t_h_' _s_:_A_t:._t_o_r_n_e---"y __ of said County, has this day made complaint and information on oath before me, J. C1 erk of Trial T. J. or J.P. C_o_r_n_e_l_i_a_W_._H_e_n_s_l_e_y ____________________ of the said County, that ___ on the.__ marry, peace Swartz, -"'2'-'7'-'t=h=--__ day of_ _.N=.,_..:-,:o-'-v-"e=-=m=b=-e=-r __ , 19~, in the said County, did fornication to C. and with in one Hurdle violation dignity of of the a person Hensley, Section 4543 Commonweal th of of whom she the Code of Justice Court _ unlawfully is forbidden Virginia, commit by law against the Vir•ginia These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said __________________ Cornelia W• Hensley to answer the said complaint and to be further dealt with according to law. Given under my hand this_-=2--'-7--"t=-=h=-----day of____ D=--=-e-=c-=e-=m=-=b:.....:e=--=r'------• 19_A&_. /s/ J.C. Swartz Clerk Memo. of Commonwealth Name Witnesses: Address ·--- ------- �,; - ~ :, 0 • 8 0,:, Q.. rgg.5·g Hensley Issued 1/12/49 JUDGEMENT no SI) " C) :::· ;:,rt i;l:, <1> ► :, ., o.. :,- C: :, 0. l"'t::, .... " - ....;:,-o. o-" " 3 :, :, :,--0 -< ;:,., s~ i;i ~ :, (t) December 29th, 1948 A 2493 Criminal Docket No. 0. Commonwealth is found the defendant and the Court guilty, vs. suspends the imposition in this case of sentence on gooo. behavior of the Corne]ja defendant for a period of one year. G;ven under my hand hand this 29th day of December, 1948. ~,;::, -(t),; Upon the hearing of the within charge, 5- ..oo· { Arrest Warrant (t) ~,; _p..."2 ::, SI) 1-1 rt O..~:, n a n°";f 5: g-~ " ~ 3 ;i ~ g rt (t) ~8:. ::::,--i:: 0. ., -< ::, (JQ -· ::::::, ,; ~SI): " r' Clerk's Fee - $.....1.•.25..... 64 ..... - $ ....9..•.. $ ......... !'.5.0.... Summoning Witness December B. L. Kiser, , 19-48. ".... $........................ Jail Fees $ ....................... ---- $:.l.6..•.. 8.9..... C: ~n n· ~::, n-- 5· g :,- :,; ::r- ...... (t) '< (") (t) I.O ~§·-g \ ;f :, ~-(t) :,--9:r-! n 3 : ;:,-., : n ~ -< : ='."8O" Miles carried prisoner .3.~. PORTER R. GRAVES Total mileage Trial Justice Plea Guilty 12-29-48 - .l0.8 ...... 8 864 >-<: 'T1 :;,::, ? 0 8 ;<; () z C) ::r: ► .., -~ 0 ½ 9 ;:,- (IQ 0 0 "' . " 'O 0 ~ "' "' < " ~ ., ., 0. :, -< .,n 0. ?;""' o' .... 0 rt :, ;:,- ~ ;, " () 0. OQ 0 " C: ....., ,;;· ;:,:, n0 -< n "< ~ :;,::, 0 0 :, rt :,:, .,5· ~ g ~r.> ., :,- ~~::,: .Tl .... z.., 5- ;::\ OQ :.,.~oaI Miles travelled by officer ".... o' 0 ~ ;:,- -·:, (t) 0.. Officer's Mileage C: 5· rt 'O :, 0 : $....2 ..!.50 ..... I () 0 : ~ ~ Commonwealth's Attorney Total -< ;r:ro o ::, 2-s-~ "-· s• 3: :, and Mileage $.. ► 3 M. "' "' 5· Dep. z OQ ti')-· 0 Witness Attendance r:;J ~ () $.....2...! . .00..... Trial Justice Fee Arrest and Mileage g day of C) " 3 a·r~·;_;";:,- .,:,0. " n "8; ~:: .., C: -< "~ :,-., ~ -0 g: ::: -· .... '-' -o,... C: n -· F" 5-,, 3 ~ ;::;· -< O.cn """ p:, " ~C: 0.~ () 3 oaO : 0 29th ~ : n O.r, '."" this < CJ): n,..,.,; " $....l ...0.0.... ~ (t)::, ';--' Issuing Justice's Fee 'T1 ::, l"'t o..::,----•l"'t: 't"' $ ...................... __;;· 0 g 5·::i-5.• ., 0Cl.. ....., < ~ : 'O 'O ., ".... 5C: • ~§ 0 g..g- O" "::.· .., ------ tI1 0 5· :, ;, < ;;;· ~ ..M: ::, ► OQ 0. 0: C. (t) n ~,;: o'~ w. Hensley before l"'t ., " ...,n ;rn C: 0.., < ::.· "3 ., 0. .,":, 0. :r ~ OQ Fine (t) -· -·" :, Ul O" a~-crs. s.:.:;..o §..~::, ::, ..., 5- 5· ~ 5- Oo~~ ,; '"T\o Executed the within warrant by arresting and delivering the body of _c_ornelia -· ~ ~ ; §. i;i-< ~ w. Hensley o'(t) :,- 0 .., .., 0 "::.· 5>< " "; 0 5- .. 3 0 " ~ " "' e.. "< 5.... "e.. 0..., -< s ~ .... "' 113. :::· :, 0. " ,;· "' . :,--- rt 2"'" ~ :J"",; ~ -(t) 3 -< " g g_g~ :, Trial Justice Court 0 Fi 3 ;:,- C: ?<' -·" () 3 () 0 C: c:;- .., :, :,~ 5- ;:; " ., "' "' "' -< ~ 0:. 8 0. :, rt ..., "3 ., "' :, 0 0 n ?;""' 5· 5· (IQ ., ;:,- 0. " " O" rt 0. rt 0 rt ;:,- " ? r w ~ "0..., Appeal noted and granted to Circuit Court of Rockingham County, Va- on Jan. 6, 1949. PORTER R. GRAVES,T.J. �IN THECIRCUITCOURT OF ROCKINGHAM COUNTY, VIRGINIA COMMONWEALTH OF VIRGINIA vs. HURDLE HENSLEY No. 1 We, the Jurors, find the defendant not guilty. Lyle M. Armentrout, Foreman �I �IN THECIRCUITCOURT OF ROCKINGHAM COUNTY, VIRGINIA THECOMMONVlEALTH OF VIRGINIA vs. HUF.DLEHENSLEY PLEAIN ABATEMENT ANDMOTION TO QUASH The said Hurdle Hensley in his ovm proper person, heard the said indictment read, comes into court and having says that he ought not to be compelled to answer or plead to the same because he says and contends of his plea in abatement and motion to quash as follows (1) returned to-wit: That the Attorney for the Commonwealth appeared before this indictment on the indictment against against this was not sworn as a witness (2) their thie defendant defendant before That the said Commonwealth's Attorney inspection and guidance, a certain extrinsic them under oath, witnesses this (3) to do indirectly including the prosecutrix, before statement in this of the Commonwealth's Attorney evidence that no legal returned examined the witnesses said written purported ~stimony for interogation submitted of the an indictment by the prosecutrix against and other this defendant; to the aforesaid for the reason Grand Jury, the indictment was found upon the Hensley and Glan Hensley, who were the only witnesses before sent before to Glen Hensley to examine is void inasmuch as the Grand Jury says that said indictment of Cornelia instrument by law nor proper evidence before them on by them against evidence having been presented testimony that by so doing the and, That the said Grand Jury had no legal which to found the indictment given the case and thereby allowed the of returning although the same had been repudiated heard by the Grand Jury; allegedly that which he is prohibited and that the Grand Jury and as the basis and, to the said Grand Jury for That same was used by the Grand Jury as a basis defendant, witnesses submitted The said Grand Jury had already to them on instructions the same. said Grand Jury; and improper hearsay Commonwealth's Attorney ~ttempted from doing directly. he, the said Commonwealth's Attorney, purported Attorney for the Commonwealth by the prosecutrix Grand Jury to consider while the said Grand Jury was deliberating and that for appearing the Grand Jury that said Grand Jury was found the indictment, upon whose as shown by the ��., return into open Court of said indictment found upon the te·stimony of Cornelia This defendant (the prosecutrix) part files herewith from said affidavit that that presented Cornelia Hensley no competent evidence was and it appears for the Commonwealth appeared before against the purported this defendant. the Grand It further sworn before the Grand Jury, Glen Hensley, the witnesses written statement of the prosecutrix to of the Attorney for the Commonwealth the said Hurdle Hensley, judgment of the said indictment is they may be made and read as a it appears that on the indictment the Grand Jury at the request And this, and prays that the Attorney from said affidavit one of the witnesses, of the witnesses, said Grand Jury upon which it found an indictment, Jury during its deliberation appears the affidavit from which affidavit given by them before "This indictment Hensley and Glen Hensley." and Glen Hensley, of this plea, wherein it is stated, is ready to verify; and that wherefore he prays the same may be quashed. COMN!ONWEALTH OF VIRGINIA vs. (AFFIDAVIT) HURDLE HENSLEY VIRGINIA _c_d ..... 11 .... N........ r_y,,___ ___ On this of _lfq '1 hiN &-t/AA1 g.'-W day of M ,tJR c. to-wit: Hurdle Hensley, the above named defendant, in and for the State and C...o u ti! T 'f set forth in the foregoing before the undersigned aforesaid ..!llUJllkl---1i:Jbf'.h1:te~::.....-~-day-of ___ -__ -_-_-_- ___ and things , 19 19, , personally 1-1- , -1.-9::_' __ , P.FPvT appeared Y t!.. /J£ Notary Pttbl~c 1Yf1 wl1o8e eomm-issien-expires and made oath that the matters plea are true to the best of his information, knowledge and belief. Given under my hand this ffW day of ___M___,!/....._!t ___ c.~H..__ ______ tary Public , 19 .t./f • �.,. �IN THECIRCUITCOURT OF ROCKINGHAM COUNTY, VIRGINIA COMMONWEALTH OF VIRGI"IA v. HUP.DLE HENSLEY Now comes the accused, the indictments of any further January, filed Hurdle Hensley, and moves this against prosecution thereof for the following commit adultery Cornelia of fact on the 12th day of Hensley, not guilty charged in the warrants in that of adultery Hensley, carrying found that of adultery. of the case were resolved when the jury by their and which warrants in the case then heard were not guilty the peace and dignity and evidence Cornelia the jury by its verdict judgment of the court. Hensley. These cases charged the said Cornelia against Cornelia Hensley, when the jury found the defendant, defendant, Hensley. with one, Hurdle Hensley, favor of the defendant, this that "The 23rd day of November and the 27th day of November, 1948, Commonwealth." That all issues defendant, reasons: 1949, a jury was impaneled in the case of Commonwealth V. Cornelia did on, to-wit: of him on the 20th day of December, 1948, and for a dismissal The warrant in the cases of Cornelia Hensley, Court for the dismissal in verdict found the with Hurdle Hensley. A fortiori not guilty the identical this of adultery as charge against defendant Wherefore this and the defendant defendant prays ��IN THECIRCUITCOORT OF ROCKINGHAM COUNTY, VIRGINIA CO&lMONWEALTH OF VIRGINIA vs., HURDLE HENSLEY Comes now the defendant, venire summoned in this of each ballot districts Hurdle Hensley, cause and assigns as his reasons therefor drawn from the box there appears to be the initial and the City of Harrisonburg marks upon said ballot to identify jury is drawn from the box, their and no consideration they are residents thereon; that there the statute names shall be listed that on the back of the different should be no identifying them from any other ballot in drawing said ju..-ry it is mandatory that the venire and moves the Court to quash the in the jury box; that be followed and that as the in the order drawn constituting may be given as to the districts except in such cases as provided by statute. or city of which ��STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand for the body of the Circuit Court their 27th oaths of the County of Rockingham of said County, do present that day of November, 1948, unlawfully daughter, Cornelia 4543 of the dignity of the This Cornelia and sent at its in said did W. Hensley, indictment before of Virginia, in and and now attending December County, term, is then commit adultery age eighteen, Code of Virginia, Commonwealth W. Hensley State with and Glen Hensley, the grand jury on the the peace testimony witnesses to give the his of Virginia. found upon and there in violation against the 1948, HURDLEHENSLEY, on or about and feloniously Section court jurors of sworn in evidence. of and �) 1948 / Foreman ?J'I ,6 p-eu.1 Adultery INDICTMENT COMMONWEALTH - ·J V• term HURDLEHENSLEY Felony December , A true... bill: - ~ Cornelia W. Hensley Glen Hensley Witnesses: 1. 2. George D. Conrad Commonwealth's Attorney �INSTRUCTIONNO. The Court intercourse stitutes if the between adultery. you believe accused, November, Hensley, from Hurdle 1948, then instructs the a married man and an unmarried The Court further the evidence Hensley, committed you I shal him that the instructs beyond on or adultery find jury about with guilty, act of woman conthe jury a reasonable the his sexual 27th doubt day daughter, as charged that that of Cornelia in the indictment. �'[' .! [' J �INSTRUCTIONNO._&_ The Court crime may be upon the convicted circumstantial jury alleged that convict the the the evidence defendant him in in defendant evidence such connected so charged the to have with been that circumstantial indictment; this case upon circumstantial coupled circumstantial connected jury a reasonable person jury circumstantial from upon beyond against instructs the evidence believe evidence, jury instructs other proved that with one charged evidence with doubt is other from guilty have alone, such circumstantial crime the court the right alone, evidence, evidence or from such evidence, believe the beyond reasonable if of the evidence other or evidence, therefore, they with if to or upon the circumstantial guilt doubt. of the �.. t. ..t r 0 j �~ INSTRUCTION NO. upon the The Court instructs Commonwealth to reasonable doubt of charged against for Commonwealth the absolute more certainty than accused satisfy ls #?&- guilty the prove an offense the accused, to or beyond the jury thereof all that the accused and every does establish jury the guilty mean that the guilt that upon beyond all the lity of reasonable all element it the is thereof, necessary accused of mistake evidence resting beyond material not possib burden as doubt. or a whole to an tocb the �r -I �INSTRUCTIO NO. The Court instructs stand and to testify guilt or innocence, is entitled the jury th t the failure creates no presumntion his failure to consider. 12. to test·fy against of +he ccused tot<; e the him and in considering is not a circumstance his which the jury �r ,.. �-----------------------------------------""--'--------~--'--"" INSTRUCTIONNO. The ,CoU!r'ltinstructs ··evidence that statements the i tness the ju.ry that the witnesses, in con lict stand, Cornelia w· th or in in considering even though Hensley crime with w"iich he is charged, the any such contradiction or conflict~tements hut must consider the case of the statements that determin1ng e ceu whether ~ said jury accused they may consider witnesses and Glenn Hensley, contradiction the guj l t they may believe of the evidence or innocence from the m:1y have made gi t H,I'.' em on of the accm:ec. of the are not at 11.berty of the as if the or e~ther to take into consicerntfori es 1..ritness/or either o them, said the.witnesses statel!'ents for ,£. of them/are haci never the sole made the pur~ose ~o:r::.t.ty of be iPf. I. of �r j �INFTRUCTIOJ NO.£ Before evidence reasonable only, the jury thnt c'loubt. It a conviction, as to nroduce reason&ble a moral doubt. the accurnd gui ty of the offence or more ~rob~ble authori? ~, he is can c?nvict is not sufficient than h·s tut innocence. the evidence certainty B.S that they roust be satisfied froi:; the ch,'.'>rged in the indictment beyond al 7 thPy shoulcl 'beli.Pve his gui t T'lroba le o degree merely wilJ of probability roust be of such a. ch:1racter of tne prisoner's gui1t, anc. tendency to the exclusion of ��__ff_ INSTRUCTTON ~o. The Court instructs a crime to be innocent the jury that unt·1 a reasonAble doubt and this through the entire cases there strong, his gu·lt is not sufficient upon the t· e, concur in pointing ~· is establ.f'hed to every stage presum~ tion of ·nnocence. b thereof w· th the Comrnom"ealth beyond lace, caution mens, and and in~ Mere usp1c1on, evidence u~on ~hich to convict,~ evidence mu t be scanned with great is relied resumes every person cfr,rged ryresum tion of innocence goes with the nrisoner case and applies is a legal the law ~ opportunity, 1 cou,tful no m tter c·rc f' where circumsbntfa.l h01i 11 qntia evirlence motivP, ::ind conduct must all out the accused be'ond re sonab e doubt ~s the guilty party. ��INSTRUCTION NO. The Court criminal corpus cases delicti eufficient guilt that instructs the Jury .f:i__ that in this as in all the burden is upon the Commonwealth to prove beyond all reasonable there of the accused, doubt. may be suspicion but that the proof Commonwealth must be such as to establish a reasonable case doubt. It is not or probabllity offered his of the by the guilt beyond the ��In the Name of the Commonwealth of Virginia: to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the./f/t✓.day of. .........{~ .. . 19f.j..to testify and the truth to '"y·~·b•h~lf of.:••~•f•~•=: '"th, zdI~f~h:g:,t•················ who stands charged with and indicted for a felony misdemeanor. And this you shall not omit under penalty of £100. And have then and there this Writ. Witnes; J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .../~ day of .L {I'~ .. 19.f"'}(, and in • the/V. ..... year(ff the Commonwealth., -······.;it!?J-W:_ct;;:_.. . ~/f_;;r• Clerk �C 0 ~ ~ w ~ C/l E 'C ~ C .;: .... 0 'C 0 .0 Q$ 0 G) 0 a, Q, :::i ..... �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting:, You are hereby commanded to summon .......J.Q~ ....R9..~9.-.C.~P. ....@.d ...D.r..l!....F.l!.L..'--..B.ye.r..s ........... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ....1.7.thday .......................... . ..............19..49 .. , of.. .................J.anuary to testify and the truth to say in behalf of the Commonwealth against. ............................................ . ........................................................... .HUR.DLE ....HENS.LEY .................................................................................................. . who stands charged with and indicted for a felony Mts~~And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, t-~.:f ~H-2£R;-Glcl'l~ ~"t'tM>ftid. 173rd ~!t, day of... ...J.anua.r.y................ , 19..49 ..., and in the :W,....... yea of THE SERVICE PRESS at the Court House, the .....l5.th �f J ~~ '.""-'< "'d () tx1 : ~ c-i ~ ~ - I~ t ' ! ~ ~i '. ("I I ~ ~ ,- }~ i~7g - ~ ., ~~ C: 1-1 :. ~. ! I :t ~ ~ ~ ~~: t ~ .~ ~~ ~ ~ ~ ... .... (~ .......... . s c-t- PJ co t.f>. -~ co PJ ,.-.J ~ vi•~ 0 t-'j co~ •• :::1 C-i PJ 0 t-3 ..__, ~ t'1 (() z tr:l PJ :::1 (l) 0 'O CJ) s:: o' en Cll (l) D c-t- ::r: ::s 1--'• tr:l t-➔ t:1 . ::r: < ~ ~ ::r: 1-3 t-➔ tr:l !l> ~ z 0 E::: ~ 0 0 Executed the within SU1J1.1:1ons at the office of Dr. ·F. L. Byers, in the Professional Building, s. Main st., Harrisonburg, in Rockingham cqunty, Virginia, the usual place of business of D~. F. L. Byers, by delivering a true copy thereof and giving information of its import to Elizabeth T. Green, the person found in charge of such place of business, this 15th day of January, 1949. · U~~•~r~ ,Dep. for ;:,am. C~enef; s.R.C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon .......Hugh .T......Fr.ey., ...N.elson County, Greeting: ...T.•...Ruffman, ...RQbert .D....... Li$.ke.Y.~...A.•.... J......... fi.t.z:w~t.~;r1'. ...E.,.....F..•.... E.9-T.l.Y.t. ..C.•....w...... E.wiug., ....~P4 ...P.., H. :Ii~;d;:~::~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: to appear before the Judge of the Circuit Court of Rockingham C01mty, at the Court House thereof, at 10 o'clock, a. m., on the ..1.7.tblay of ......J.an:uarY., say in behalf of the Defendant ................................................................. .............. 19..49 to testify and the truth to in the prosecution of the Commonwealth against....................................... . ll-ur.qJ who stands charged with and indicted for .. a e...:a.~n~.l.e.Y. .................................................................. . felony ~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ]. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ........l.l.th day of ...J.anuar.y ..,. ........ 19.49 .., and in the 1. ear the Com .... �liU.tWLE .l:iEm:iLEY / ADb. Chas. ) I0 Wit Spa A. Hammer, Jr. 1949 January C 6 17 �, ' I ~ ,./ "J )_/ ); __ if I'( ~, ~_,, - .,_,;--0 V .,-,- I / ""'\ c-~_,,,t.., £r ;// V ( ,,,,..-y l c..,I ��Commonwealth v. Hurdle Hensley This wealth, • of the day came again and the accused, sheriff Hammer, Jr., sworn for and having of this the trial heard of the moved the court the nitn o'clock. county of this and this and the said attorneys, jury introduced is adjourned the Charles impanelled A. and to adjournment, E~XXNRX~ll«X]{R~x~~xx thereupon, evidence the common- came in the custody came pursuant which motion case for Hensley, case commonwealth, to strike attorney and by his the evidence commonwealth, consider, Hurdle and Sam P. Conrad; on behalf for the the accused, offered court until by counsel, by the attorney takes tomorrow time to morning at �1 �Commonwealth v. Hurdle Hensley This day came again and the accused, sheriff of this Hurdle the attorney Hensley, county ~he trial came pursuant of this And the court case having made on yesterday half of the came in the custody and by his and Sam P. Conrad; jury considered attorneys, impanelled Charles A. Hamrner,Jr., xrixnxiNx of the accused the evidence doth overrule of the and sworn for the to adjournment, the motion :tk2x to strike commonwealth, for the commonwe&.lth, said offered motion on beand refuse to strike said evidence, to which &.ction of the court the accused, • the by counsel, excepted. And thereupon, XfflDC«a»xx~x~ evidence herein «aNXiJWeoccompleted, E2kxxxxaxxxmrxa««ax2oc was uxxoc, at the conclusion of which the said accused, by counsel, renewed his motion to strike the eviand his plea of res adjudicata, dence offered on behalf of the commonwealth,µhich motionLthe and plea court again overruled and to which the accused, by counsel, excepted--. And having and heard the argument room to consider their received the instructions of counsefhe verdict, 1/ jurors of the court were sent to their ��..... IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA COMMONWEALTH OF VIRGINIA v. HURDLEHENSLEY ComeE now the defendant plea of res and plea (1) d.. ~udicata, committed w. Hensley charging and charged that the Ccr-nelia e-:'oresaid, that day, the NAT. BK, BLOG, Hurldle jury in the following verdi~ts, defendant not guilty." That this petitioner petitioner FIRST Hensley the sai on Warrants w. Hensley did on trn cornmitt Hensley, a jury hsving a person in violation of That on the 11 impaneled ~hom in the two cases caE'e of Commonv,ealth of 1 :. Hensley, ?e, 11 returned the Jurors find the th: Lyle M. Armentrout, says that Cornella the charg2s V'l•. Hensley, if sny offense re11ire and the 1949 Cornelia Court "Jy law to marry, V. 'Jornel ia was one that HARRISONBURG, VIRGINIA with 1948 and on the 27th day of one, and of a necessity, ATTORNEY-AT-LAW in this Did unlawfully with and ggainst 204 Court Cornelia~,. 4543 of the Code of Virginia. Vlr,.tinia CHARLES A. HAMMER one, 11 she iE forbidden that with by jury said 1948, fornication (3) in this the 12th day of January, was tried November, heard eatoppe, 1948. 23rd day of November, date his IMJ.&lbattof codefendant, adultery on to-wit: Section this the 27th day and the 23rd day of November, That and files as follows: That he is indicted on to-wit: Hensley AC..8.v•I autrefoJis in bar and says having (2) Hurdle the said joint Cornelle been duly Foreman. against manifestly v,as committed act of both u. impaneled the Hensley, and having him �• J �heard the evidenc8 Commonwealth V. said Cornelia of the Common•ealth Cornelia '''. Henrley nom A bar against defendant for d ctments Cornelia this petitioner. W. Hensley. in the In the V. Cornelia '· o~ the returned BE jury a part large appe~rs; and effect facts which said that he, Hensley V. Cornelia T. Hensley are and acquitted the said Hurdle Hurdle Hensley Wherefore may be dismis_sed premises CHARLES A. HAMMER ATTORNEY-AT-LAW 204 FIRST NAT, BK. BLOG. HARRISONBURG, VIRGINIA in the and d Hurdle in said present to red more fully remain 1~ full avers one and the sqid of Commonwealth 11 by Cornelia t. of the charges; and this the and Hensley • and the -gelonies is now indicted force and the same person; Cornelia and at and in Hensley, warrants said t9 been committed was of which same acts Hensley, said to verify. defendant E is a copy of the ~erdicts the said in~ of Commonweqlth are le ready the thereof copies Hensley es aforesaid Hensley who was acquitted to this record-thereof of which the to having Attached and are asked the said arrested alleged and the with Hurdle to the chArges Hensley ju~gem:nts referred this of Commonr:er:.lth V. Cornella theraon as by the the same are contained as a pert together and ~he said says, Bur~le that 111• of found rhar~es copy of the narrants Heneley hereof case the againe identic8l and prAyed to be read of the warrants that proceedings egainst cases and having no+: guilty, further against petition 11';. Hensley thP alleged in the warran:;s in the charged indictment prays ':) the judgement, Court specified. here and that from the re �r �~ ~~-~P7 VIRGINIA, ~OF_~, I State 3.,,_;(/_~~ a Notary Public and ~✓roresaif. whose commission /~y -Hensley autrefois of n~, ~- whose name is acquit 0 , signed me in my said things &etforth do hereby in the foregoing my hand this~ has this plea expires certify to foregoing and estoP.pel, before Given under l9A in and for plea on the that res the Hurdle judicata day personally api:eared are -----d day of ...... CHARLES A. HAMMER ATTORNEY-AT-LAW 204 FIRST NAT. BK. BLDG. HARRISONBURG, VIRGINIA �l ( I l fa 1 �6 Arrest \Varrant The Commonwealth of Virginia,} T 't. • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, ---=G::...ce=-o=-=•--=~• --=C--=o=nr=---a.=--=:d,__.,---'C=-c-=-mm==-=o=-=n=-v,'-'-'l-=-e-=a=l=--t=h=--' ...:;s:__.=-=-·-t-=t-=o-=r-=n=e:::....,,,_y _____ of said County, has this day made complaint and information on oath before me, J • C• artz, Clerk T. of the said County, that __ on the Justice Court =C--=o=r'-=n=e=-1=1,_,,a"---• ..:...•-=H::...ce=--=n=s=-=1--=ec..y.__ _____________________ day of 27th of Trial J. or J. P. _ fovember forn1cation=-=1~th='---"0~11=e'---=cc....=..="--===---=-===-=c.....c.....L..L_=--~P~e=r~s~o~n=-~b~o~m-'----s~h~e -t_o_m_a_r_r~Y~,_i_n _________ pe1rne nnd dipnity e_c_t_i_o_n_4_5_4_3 of the Code of Virginia, of the Commom eo.lth These are therefore, in the name of the Commonwealth ___________________ ~.... i...,.rc..,!c""l....,__,n""'i'-"a....__ _____________ ag inst the _ of Virginia, to command you forthwith to apprehend and bring to answer the said complaint and to be further dealt with according to law. Given under my hand this __ 2~7_t..:...hc..__ __ _ Memo. of Commonwealth Name Witnesses: Address �Docl-rnt No. 2216 w. Copy for Cornelia Hensley ,., ~no n, ::, 0 JUDGEMENT Issued ,s • 1/12/49 Cl :;l::, :;:n, ::, Trial Justice Court C ::, 0.. n, ► ~ g__Q?:. ~.: g-5--~~ (/) 29th, 1948 Criminal Docket No. 3 -< A 2493 ::,- "0.. Upon the hearing of the within charge, the defendant is founo g gullty, and the Court suspends the imposition of sentence in this rRse en good behaviqr of the defendant for a period of one year. Given under my hand this 29th day of December, 1948. ::, Commonwealth { vs. ~~ n Q:I .., S,s "o..(ti -r.i,., 0:1 ,., .f-L-g ::, 0:1,., rt o..if::," inn.if --oer::, ~ ;;-8 :. ::re: §. f.l-< _Q_Qffitl rt ,., ~o 3 ~ 5· ? g (ll 8 (ll er (i) :, OQ -· 0.. ::,~ ;fn 0.. ., C O ,.. 0 C:: -< Executed the within warrant by arresting and delivering the body of :::::, ~(ti (1) !l) ::, __Q_Q_r ne 1 i a OQ 0:1 w. Hensle~, Q:I: Ii):::, CJ). n, j ' : l"'t-< 0.. ::,- -·rt: OQ C : ;;l§. 0 g..g-< r 2'.::i-o o nrt,., :--i before ':-4: .... $---··-·····--··········· Issuing Justice's Fee $...1....0.o______ _ Clerk's Fee - $...2__ •.0.0...._. Arrc:st and Mileage $....9..... 6..4. .._- Witness Attendance 0 day of 0:, ::.. () , 1948 . December B. L. Kiser, 3• 3· .;;· "' 5· Dep. ::, ... (1) $ ........ ! ..9.9 ....... ..... ~ $_______ 2_. 50 ... Jail Fees $......_,_______________ _ ______ $ ____________ ,......... . ...... - - - - $16..•_8..9. .....~~-~ a. fin ....7..2....,_ Miles travelled by officer ...3.6....... Miles carried prisoner Total mileage POBTFRP. GRAVES Trial Justice Plea Guilty 12-29-48 : ., -< . ....... ~~ i - 108 ....... 8 'S"o4 0.. " In 0 ... ... C 'O 0 ::, ..... ~ 0 ~ 0 n ?<" n 0 ::, g: 5· 5· OQ ::,- P. ., >-l 3 ::,() 3 : ::, ::,-., g. .;· n i'I'" ::, 3 "a O : "'-· li:: -·::, ::,- 0"'::, Officer's Mileage " < (1) " E "rtrt C li: ~. ~;:~~ and Mileage $ ____________________ _ ::,- 0.. () 9-:c.-o . "Og O\ ~ ~ 0.. ~ -<~~ta 0 ~ " 0 ;;· -< 5· g ::,::,.:::,,...,._ >-l -< C n· .?:. "' C .... .;· 0 0 (1) ~n > ::,- >-l n .... ::,!4 ~:,rt' o: :r: "' g. ., ::, '-' (1) 0.."' zCl OQ • to-· : o' .... (1) "(i) ~ () (1) er (1) ~-' £ Commonwealth's Attorney Total 29th this "I1 ;,<; ., 0..0..... 'O 'O g. ".... " :::;· ~ -o ... n -· :}n, 3 .... $.._}_ .. 25 ....... Trial Justice Fee Summoning Witness '.'Cl 0 < (1) ~;~ c-< g_~Q.' ';-' r " n, OQ 0 ;;· n 0.. ::,-5·....: 0 Fine - - - - - - ~;.~ ::, 3 0 0.. ::i-o..: ::, (1) (1) :r (1) 0:1 "'1: ~..., g 8 ~~:, r, -· z >-l -< 5- "0.. ., ::, rt (ti n I 3 ~·03. g_~ ::, ::, ;; >< C "' 3 s.:.g_,o -·-·(ti z 5- 5· (1) ~ ~ 0 0 :i3 Cl ..... (1) -· ~; g. "I1 < 0 C :::;· ~ 0 :::.. () (1) a'~ :,0 ::, ;;;· 0.. .?-3 ~ 3 ~ li: Arrest Warrant ► ;1 -< < ,s :::;· "n,::· °-3. ::, ::, ~~~ ::, li: n, >-l .... 5e. 0..... rt::, .... " -er",..... ::,-o.. December ::,- -< n, "' < n, n, ::, " o... -(ti ..... ;:;· 3 ::,3 rt 0 (fl 0 () ::,- 0 8 o..::i ~ ~ e-5· g -·n, C i'I'" 0 C ::, ... -< Ill rt ~ g. (1) 0.. ~ [ ~ ,s iii" 0.. OQ (1) 0.. 5(1) 3 l\: < ~ 5· 0.. (1) er rt (1) 0.. 8 " " "'8 55:. "' "' ., ::, :;a 0 n i'I'" 5· OQ ::,- " __3 r (fl :;; rt (1) 0 ..... Appeal noted nnj granted to Circuit court of Rockingham County, va. on .ram. 6, 1949. PORTEP R. GRAVF.~.JJ!. �6 Arrest Warrant The Commonwealth of Virginia,} T •r • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, Geo. D. Conrad, Connonwealth' s ttorney of said County, has this day on oath before me, •..._J ...___.,CLc•L__~SCEwL.<;a .... r_tJ.LLjz,._.,__.c ....1......... e_.._r_,...j{.__,OJ..,a_f,,_,,.T ..... r_i...,o ........ J___.JL.lu...,s.._..tc.i..,,c,.,e..__,.,C..,.o..,,u ...r._,,.t made complaint and information T. J. or J.P. of the said County, that_~C~o=r-n=e~l~i=a~~•~H~e~n=s~l~e...,y_____________________ on the 23rd fornication to sarry, peace and day of_~=o~e~=m=b~e=r___ ·ith one urdle in violation ignity , 19 48 Hensle of Section of tLe , in the said County, a person 4543 of tho did he is unla, fully forbidden Code of Virginia, commit by against law the Vil'ginia Co These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend before the Trial Justice of the said County, the body of the said __ ___________________ _ and bring ----=C~o~r~n=e~l=i=a=---'-'----"--•-=H=-.cec...cn-"-"-s-=lc.cec _____ _ to answer the said complaint and to be further dealt with according to law. Given under my hand this __ Memo. of Commonwealth Name ~2~7~t=h=----- Witnesses: Address �Docket No.2217 Copy for Cornelia Hensley W. JUDGEMENT Trial Justice Court 29th, December 1948 Criminal Docket NoA2492 Upon the hearing of the within charge, and upon a plea of ~uilty the defena~nt was found guilty and the Court suspends the imposition of sentence in this case on the gooc behavior of the defendant for a period of one year, Given under my hand this 29th day of December, 1948. Commonwealth vs. { Arrest Warrant Cornelia . Hensley Executed the within warrant by arresting and delivering the body of Cornelia w. Hensley before ___________ _ :-l .... 0 Fine - - $....................... . - - Issuing Justice's Fee $......1.....00.... Clerk's Fee $.......1..,..2..5 .... - Trial Justice Fee $....... 2 ...0.0... Arrest and Mileage $......J ..~..o.o ... Summoning Witness Witness Attendance o' '1 Q this ____ 2_9_t_h ____ day of O:l " () 0 --~D~e .......... c...... e..... ro .... b..., .... e..... r----' 19.4.B-. 3: 3· oo·: "' 5· B. :, C, '1 $ ....................... . ...... \0 and Mileage $..................... . Commonwealth's Attorney $....... 2..•.. 5.0... Jail Fees $....................... . ______ $ ...................... . Total ., :, a.. - - - - $....... 'L ..7.5... PORTEPR. GRA.VFS Trial Justice Officer's Mileage Miles travelled by officer Miles carried prisoner ••••••••••••••••• Total mileage Appeal Circuit noted and gr3nted to the Porter Court of Rockingham County, Vf3. on Jan. 6 , 1949 • Plea Guilty 12-29-48 -----------6 Grayes T.J. �We, the jurors find the defendant not guilty. Lyle M. Armentrout, ~oreman #2 Tie, th~ jurors find the defendant not guilty. Lyle M. Armentrout, Foreman ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: a.. $.?...~........B.ak.e.r................................................................ . You arifttereby commanded to summon .. L ..... to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at~'clock, pm., on the ......9.th day of... M1;1,.:r.oh .................................................................19...1'.~., to testify and the truth to say in behalf of the Commonwealth against ........................................................ . ····················••·················Hurdl·e····H-ens·le·y······················· ···································· ······························ who stands charged with and indicted for a felony rm~~ And this v.ou shall not omit under . Ge.or.£:e.__D.. _CJIDf Witness, J~SI\V-l--7'~, enalty of £100. And have then and there this Writ. CoJlllllonyrn_al th day of.......... a:ch ....................... , 19.4.9.... , and in the THE SERVICE PRESS I s At to:rney Bth • ot our said Court, at the Court House, the ....................... . 173rd �'Z <I 0 :;,: tt:: H r l ... �In the Name of the Commonwealth of Virginia.:~ergean t o f C.i t yo f Nor f o lk , To the Stfttrifr ef-ifflcld:ugh.mrem.tnt,, Greeting: You are hereby commanded to summon .......'.r.PIU{f~B.....GJJ.$..'r.E.fl ...................................................................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the .... 9th day of.................. Ma.rc.h. ...................................................... 19...4.9., ✓ to testify and the truth to say in behalf of the Commonwealth against. ..HURDLE...HENSLEY .. who stands charged with and indicted for a felony IM@deffl@~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,-:J. R:8BER:'F 5Vv9.':f2:ER-,-ei~kt,f-otn, mrid-8ourt; at the Court House, the ...2.8..t.b. .. day of .......F~.9..:r.Y:~I'.Y..........., 19'19....., and in the THE SERVICE PRESS , 3rd of ....e �S' ,~- -- - - ~~ I - Cl> ;J -.. -ao - .... I: 0> g ,.., -~ I rt.. I I t , I~ ~t.t.~ c:, '< s = s· ,-,. ;!\ ~ - ~ ru r:-_...r--. r ~-:;:} o : o, -., ,... : - ' ' I r• : ;.- Ci) 0 =1i n : ~:. t~ ~ ,y. • • -t ''' : (1' .::i. ~ 'r "' 0 ;- _,. .' ~ I r =~ l' I ,r I .. ....,. .,:r- -.:. .!: - =- II' I f �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .......G....... OY..e.r.t.OP-. ...L~.!;}.,. ....D.:r.L.-1~' ..•.L ....... By.e.r.~ ......... . ·············································~~~ •••••••• ····••················ ··················••···· to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the.9.th ....day of.........Ma.r..c.h....................................................................... 19....49, to testify and the truth to say in behalf of the Commonwealth against..HURDLE ....HEN.SLEY.. . who stands charged with and indicted for a felony tftisoe~@a08r. And this you shall not omit under penalty of £100. And have then and there this Writ. Wit~ess,-,. ~~J;Pt,J: eWt'~~~.~kePoOl:lf' ~~Pl' day of ........... M.a.r..c.h................. , 19....49 , and in the ~J.~_!_'..ye THE SERVICE PRESS at the Court House, the ...ls.t .... �co"• V. .. ) Witness Subpoena HURDLEHENSLEY . To March 9, 1949 9: 30 a.m. at I t"'~ .. -l CJ IX .bJ~•W - ----{/ ,- - 0 ~ I I Z ~ 't> 0 C w~ I z t-<l 1 ~ ~ -• k~ PJ· T~J?~~-R.~ ...-~-• �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ......... B~.P...l~.1::l. ....::,._tt:i,J.fl~.t;_:t., .....;L.JD:!!.9.g4. ...AJ8.~.~., ... ...................................................... J;P..9: ... JoE:}....R9.El..Cl.QEi:P ............................................................................ . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ....9.th. ..day of.................. ......J,'l.g.g.1.1. ..................................... ...19J.~ ... , to testify and the truth to say in behalf of the Commonwealth against.. ..HURDLE ...HENS..LEY ... who stands charged with and indicted for a felony iil.HlQ~ITM. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, M t.·R:OBEtl"f-SWl'f"!:flt;-ererl..--m oanltirt 'O:>nff,at the Court h 173rd day of... ............... ~.~····················• 19 49 ........., and in the -+6'... . ..year THE SERVICE PRESS House, the .....ls..t ......... f1:Iie C mmonwealth. �COM. V. ) Witness Subpoena HURDLE HENSLEY (lj To March 9, 9:30 1949 a.m. at �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ..........W.J..lll@ ...B.l.J;!.¥;~.Y. ............................................................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the.9.t.h .. day of................. M.a.,rq.h......................................................... 19...4.9 , to testify and the truth to say in behalf of the Commonwealth against ...HIJRDLE...HENSLEY .... who stands charged with and indicted for a felony £Roi.sd€m@ans"' And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,~~BER:'F 5WfEcffi; €-ierk day of.. ................. M.ar.ch .......... , 1949 THE SERVICE PRESS 6P-CmT' smd-C-el'lft't; at the Court House, the .......7..t.h 73rd �V. ) Witness Subpoena HURDLEHENSLEY To March 9, 1949 9:30 at a.m. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ......W~J..t..O.P.. ...T.ali.af.er.r..o ..... and .................................... Tali..af.er.r..o. ....Mr.s....... .W.alt.on .................. ............................................................ . to appear before the Ju,dge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the .....9.th ..day of.. ......................Mar.ch ............................................. 19..4.9 .. , to testify and the truth to say in behalf of the Commonwealth against ....HURDLE ....HENSLEY .. who stands charged with and indicted for a felony ~i.;Qeme:1.Q.OI'. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, f:RE)BER,-SWff't'..£R;-€lett"'Ot Ottr-sft'ie.~l!lM, at the Court House, the .........7.th .... 173rd day of.......Mar.ch....................... , 19.49 ... , and in the .+6!... THE SERVICE PRESS ear �COM. V. ) Witness Subpoena ... HURDLEHENSLEY To March 9, 1949 at 9: 30 a.m. ... .... �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........C..ORNE.L.IA ....H.ENS..LEY., .....G:LEN ....HE.NS..L.EY. 1 ...... . .................. . ......... SHERIFF....CALLENDER. ...AND.B .....L .•...KIS.ER................................................ . to appear before the. Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ......9.th day of.....................Mar.ch ........................................................... 19....49., to testify and the truth to say in behalf of the Commonwealth who stands charged with and indicted for a felony against ..HURDLE. ..HEMSLE.'Y.... "l'm~ffl~l't And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,➔ ~BEFF S'WH~ €-i-erkof-onr~-mttt;' day of .......Mar.QA. .................... , 194.9......, and in the at the Court House, the ...l.s.t .......... 3rd THE SERVICE PR.ESS j �COM. V. Witness Subpoena HURDLEHENSLEY To March· 9, 1949 at 9: 30 a.m. .J �Commonwealth vs. On an indictment Hurdle for a felony Hensley This day came the attorney accused, his Hurdle Hensley, attorneys, thereupon, came pursuant his plea was granted withdrawn. by counsel, of·not by the court, And the said "#~ judicata) murred .J.- ~'~?"Y er~ ~in ~:ng for and moved the court to strike said said plea~the { and by And for leave which was accordingly thereupon, plea with of res ad- {/~-, attorney to strike plea his to which plea3the and motion entered, by counsel, ..--<.A'\-, recognizance moved the c·ourt and said ~~led and the and Sam P. Conrad. heretofore accused, ~~}ri!:c,?"~~ento~,;,f1J!J-:rt, r:J.i,t.- guilty the commonwealth, to his A. Hammer, Jr., the defendant, to withdraw motion Charles for court ~ < the commonwealth deplea~ which demurrer f sus~ained, ., cl~..? c.. /4 and said "' 1-WAa.p.,.•~· .,., ple, accordingly stri~enV'And thereupon, said Hurdle Hensley, by counsel, moved the co'urf to-re-instate his plea of not guilty, and the court ordered that he be re-arraigned, and being re-arraigned ~~m~xze*axxx±g:M~«xorNxfiExbt:OC±oc±mlm:x charge set out in the in- on the dictment again herein, pleaded ~tezE~xxx~xHxx~£XN~txgK±Xt~x not guilty And thereupon, in abatement the grand jury and motion against said accused thereto. said in person and again accused,/by counsel/filed to quash the llXEE indictmentj him, ~!ixlilaxmgxin this his plea returned by case,~ ~ , the couryteing of opinion that the defendant, Hurdle ~ ��Hensley --2-- Hensley, law, has not carried upon the plea the burden imposed upon him by of abatement and motion .fkF xri:w:finuta:m:x,:x The c~efendant, by counsel, the mrlmx action of the court abatement, and motion.) to uash, the same is overruled.,I excepts \ \ to excepts in overruling said e refusal o to in him to e indict on beha f of the d fendant cas s t e suf fici plea ,. he members n these to cy <Jithe idence ents s to p oduced /----~~~......,..._-..,.,. ·---f--- by counsel, he eto on t m mbers of the moved th t the cour voir d re as t in th t ey haver c se hereto ore tried o t overru t e comment overruli unsel, excepted. g said motion ed, t e ��Hensley --3-- And from persons summoned by the sheriff under writs of kt.fL.;~t venire facias, qualified taining twenty and free perJ'ons from exception. the names of said attorney for alternately twelve, George W. Miller, F. P. Brunk, and Carl the jury, And on motion that all spectators was handed accused Matheny, J. to the selected were sworn to well case. the Raymond Weaver, J. K. Koontz, Weldon W. Flory, as aforesaid and truly try to the commonwealth and the prisoner verdict render of the attorney of the witnesses according for from the the commonwealth, Thereupon, the jury, court having xrurxgENXE~ the court and having heard were adjourned until tomorrow morning de- at the to the law and the evidence, summoned to testify be excluded con- and true it herein room during is ordered and all the trial received this con- who each W. Spencer, E. F. Showalter, B. Lively, make between bar and a true M: the a list the names of fou~ persons, Olin S. Senger, C. V. Bert, liverance persons Arthur namely: Ralph Crist, sti tute twenty therefrom found duly Whereupon, the commonwealth and struck remaining were examined~and of the charge of XE«E±XENxxux~kxxgEXXEEENxx a portion of the evidence, at ten o'clock. �sP �INSTRUCTIONNO. The Court intercourse stitutes between adultery. if you believe the accused, November, Hensley, indictment. from Hurdle 1948, then instructs the a married man and an unmarried The Court further instructs the Hensley, committed you evidence shall jury beyond on or adultery f nd him that about with guilty, the act of woman con-. the jury a reasonable the his as sexual 27th doubt day daughter, charged that that of Cornelia in the �e j �INSTRUCTIONNO. The Court crime may be convicted upon the Instructs circu.~stantial jury alleged beyond that the against instructs convict the the jury circumstantial jury from defendant in defendant upon evidence in such so charged the indictment; this case upon circumstantial evidence circumstantial connected to have with been that other proved that coupled one charged evidence connected a reasonable person him jury circumstantial evidence believe evidence, upon the with doubt is alone, other from guilty have such of other the court the right alone, evidence, or from such evidence, believe the reasonable circumstantial crime evidence beyond if the evidence with or evidence, therefore, they with to or if the circumstantial guilt doubt. of the ��INSTRUCTION NO. upon the The Court instructs Commonwealth to reasonable doubt of charged against for Commonwealth the absolute more certainty than accused satisfy is guilty ~ the prove an offense the accused, to or beyond the jury thereof all that the accused and every does establish jury the burden guilty beyond material mean that it the guilt of the that upon beyond all the is reasonable thereof, necessary accused of m stake evidence all element not possibility resting as doubt. or a whole to an to do the �[ .( �INSTRUCTIONNO. The Court to h.e given they to are the the the parties, if determine relative same ~ of any the different while such determ temper, feeling ng; their intelligence or lack testimony, appearing of and to give if in any has candor intelligence; from credit any, apparent of case, tnesses if or bias, weight this thew interest, testify worthy the in of their more ning vii tnesses proved; circumstances are in the·relationship their wh ch witnesses weight that, is apparent surrounding jury consider demenaor their all the of trial; their and fairness; and from to of the shown; the testimony authorized result been instructs _d__ the tr and what credit al, is the accordingly. ��__j]__ INSTRUCTIONNO. The Court made the instructs contradictory veracity ments the of statements of and Mrs. Taliaferro would not solely evidence is witness, and that Hensley for the against that for against witnesses Callender, as against proof at of prior the purpose the to what the evidence purpose not give that alone such accused. Kiser, was told them prisoner. inconsistent impeachment accused. the the preliminary of the does of evidence be evidence instructed Cornelia the jury statements the effect the hearing and a witness of impeaching contrary Therefore, the bkE~ and Mr. Byer~, by Cornelia The jury Hensley is statements in cannot this state- further made by case is be considered admissible as �... �E INSTRUCTION NO. The Court made the ments instructs contradictory veracity the of effect the of of and Mrs. Taliaferro be evidence jury statements statements not the the is that for the witness, and does evidence against witnesses as against to the not the Callender, what the was prisoner. evidence purpose give alone such accused. Kiser, told that them a witness of impeaching contrary Therefore Custer, by Glen statethe ~ BakerAand Hensley Mr. would �-------------------~--------------------------------------------------.,,,.---~-~-- ., r , L ( �INSTRUCTIONNO. The Court instructs and to testify innocence, to consider. creates his failure the jury that the failure no presumption against to testify The jury is further h of the accused to take the stand him and in considering is not a circumstance instructed his guilt or which the jury is entitled that by his plea of not guilty, accused Qenies each and every element of the charge against him. the �f �INSTRUCTION NO. ,L/ The Court instructs the jury that crime to be innocent until reasonable entire legal doubt and this case and applies presumption his guilt to every stage thereof of innocence. and where circumstantial opportunity, reasonable is established by the Commonwealth beyond a presumption of innocence goes with the prisoner evidence upon w,ich to convict, caution the law presumes every person charged with a Mere suspicion, evidence party. doubtful no matter and circumstantial motive, ~nd conduct must all doubt as the guilty and in all is relied through the cases there is a how strong, is not sufficient evidence must be scanned with great upon the time, place, concur in pointing means, out the accused beyond ��_L(_ INSTRUCTIONNO. Before from the beyond should innocence. but jury evidence indictment they the can that he is all reasonable believe his No degree the evidence must a moral certainty of able doubt. convict guilt the guilty the of of the doubt. probable of probabil be accused such prisoner's ty they offence It is only, merely be in sufficient that probable w 11 authorize and to the satisfied as charged or more a character guilt, not must tendency exclusion than the his a conviction as to produce of reason- ��INSTRUCTIONNO. L The Court ntantial instructs ev dence and vigilance where, of cumstances to with other the of several some finite probability in amount to Therefore, in this whole with true, of his of that the ev dence, his althou~h gu lt it are be favor is is they any may appear greater than case, is the the true, or urobab may believe, a strong in probabil the other from the the the probabilities mere cir- it establishes only evidence may be. the that evidence the accused if hypothesis guilty, that some actual leaves still, accused evidence invests lity ty prove, the such from indictment, reasonable find is evidence one hypothesis, great to it which caution nsufficient tends for circum- utmost always true, is of the evidence Where of jury cannot the application hypothesis hypotheses charged there innocence, may still the there offense the however althouhh case, guilty proof, which of truth. which the evidence reasonable force in of Such be true hypothesis every that rettermination indifferent cannot jury be used. all reasonable exclusion the should assuming other to the the of his upon is the consistent and this probabilities innocence. s �I j ., f' ~ �.,,,--INSTRUCTION The Court evidence in this case have taken alleged to Turner Custer the story or statement instructs had which she made sidered by the Hensley and the jury cannot the Cornela place and and subsequently to Custer solely , h- that if jury that time NO. Hensley the be considered time told the as to believe between she opportunity and as for they made and, Custer, testified purpose evidence ,~~ to from the the the time the complaint n fact, that did then act to plan that story by him may be con- of impeach_ng against the Cornelia accused. s �\ �INSTRUCTION NO. AThe Court instructs Sheriff Kiser, the jury that Turner Custer, the evidence of Sheriff Mr. Baker, Mr. and Mrs."IaliaferTo, Callender, Deputy and the stipulation as to what would have been the evidence of C. Overton Lee if he had been called the stand can be considered testimony against 1 by the jury only for the purposes of impeaching the of Cornelia Hensley and Glenn Hensley and cannot be considered the accused on the charge against him set forth to in the indictment. as evidence ��INSTRUCTION NO. The Court instructs Sheriff Kiser, the jury that the evidence of Sheriff Mr. Baker, Mr. and Mrs. Taliaferr,o, Callender, and the stipulation would have been the evidence of C. Overton Lee if he had been called can be considered Cornelia the accused on the charge against him set forth to the stand • ~~c~ as evidence against in the inrictment. 1-~--'--"--' ~ ~~~;Z_J/k) ' ~ as to what by the jury only for the purposes of impeaching the testimony Hensley and Glenn Hensley and cannot be considered \ Deputy ~r I of ��INSTRUCTION NO. ----- The Court instructs jury cannot consider witness, evidence as proof of the facts the jury that of contradictory that falsely, from such false leged in the indictme t against statements aJ.leged in the indictment, even though they believe a ssume or infer under the law of Virginia, one or more witnesses testimony, the defendant, made by a nor may the jury, may have testified that the charge al- is true. the �,/ ,j �COPY n;smucno 1 NO. HARRISONBURG, C- / Th8-1~:H"'1H:nsu-mrt-s--t-lre-~~_t,;ba;~mG~!...t.he.~aw contradictory ~- ""'Mi~~ffl""~~~..+-.:r--:i·;i:1:eged evan thouch falsely, they b cli€.vo that 0.10 against of Vire:inia, cmm·...., mnde hy in the indictment,lnor er mar~ .n.t.ncu,es a ssume or inf er from such false leged in the indictmont VA. the defendant, iJ d m.~y the m:zy h.'.l.ve tentified testil'."lony, that 1,rue. the the charge al- jury_, �AV ,.>P.UBJ.1'10215'1 s:I M 3..ls:IAH::> �+ ��,,-;--- INSTRUCTION NO.,;; ____ _ The Court instructs upon circumstantial determining the jury that to establish evidence his guilt in this case the Commonwealth relies the guilt of the accused, wholly and therefore or innocence the jury must be governed by the following in rules of law, which are binding upon you in the case: 1. It is essential defendant's guilt that all the circumstances rawn by the jury shall is to be the Commonwealth is bound to prove every single the conclusion of guilt, issue had rested 2. J. circumstance and circumstances, It is also essential of the guilt that and essential when established the circumstances and inconclusive compared with some definite probability of his innocence, mere circumstances leaves with the force it indifferent some finite probability of the accused shall of his guilt. hypotheses however great that must be rather to a moral certainty as proof may still which invests the evidence or merely establishes than another, the probability the circumstances no where, assuming some other hypothesis is true, nature whether the precise Whenever, therefore, in favor of one hypothesis 4. It is likewise essential proof, of the accused, of every other hypothesis of proof. which of several evidence cannot amount to proof, guilt tends to prove, exclusion as if the whole when it raises Such evidence is always insufficient for it is the actual to should be of a conclusive in favor of the guilt be true; and circumstance. by full probability to be proved which the evidence proof, of the accused. Evidence is always indefinite can or cannot be ascertained. of which is essential more than a mere or limited all by full in the same manner and to the same extent with the hypothesis and tendency. be established upon the proof of each individual All the facts consistent from which the conclusion relied such may be. upon to prove the exclude every hypothesis but that ��of the wit ',..(-d<lf¥L. ~ •.qrh fn oerson TO.,., t. I , ,___ ;:J. /i~ /~ s~ --- ,&~fo ;o1.ecJ!L,dut.s.£.e. ����Not finding F. of 16 years at by posting and the front door P. Brunk nor any member of his family above the age his usual place of abode, executed March 10, 1949, leaving posted a true co~y of the within_ summons on of the said F. P. Brunk's usual place of abode. for Sam H. Callender, , ·s::ir:h fn ~------~ ne,..._(11 S. R. C. ��<1P 11ve-1 of the within -~_: surnmon to.--~_,;•;~£-· 7g "' true caJ.,• _.cBc~........, ft' '..-<..~~d..Z..Q~~~!:::=~of~--- ·-~ .a~ J~ .P-ar?o.ri~ ()JJ,,:vf (£. 79/4.a /4 ~~-.,, -f~#,~~/4--f./P4- (bj.~a/4Z-~~/4?1 ~/3~~ :l-/o- £(Pu£, _,,J (iJ-tA,,r_ ~9 7Plt-4du hfo/, ~J'I,A5~ cl,_;,_/ ff,-0 • ----~ ��' J - ~· ;., ~ Ll U ~ . ; "" '-,..,J 0 i .il l.l.t '>-i ~ (.> 0 E-1 ��-In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ....a.µg.n. ....'r ~ ...frt:!.Y.,...~~i.~.9.P,...'l'.~...Hµf.f.m§..P., ...B9.:Pert .D....... Li~.key,. ...A.•.... J..•.... F..i.tz;~w.at.e.r.,. ...E.P....F .•.... ~.a.rly., ....C..•....W.•...Ewing., ...P.~.:.H.P. .. .a.~rqy;:...Ar..th~ Ma..tJ1.em.y, ....Ra..YJP.9P.9: .. .W.~~Y.~.r.., ....0.~.9.. .W."!... MJJJ,~r., ... .O.:iJ;q. ..s . .S.e.nge.r.,...J..•....W.•.... S.p_e.nc.er., ....J......K......K9ont.z.,...Ralpb. ...C.r.i.s.t.,-...C....... V.11t ...B.ert, .~.!' .... ... "! ... F.."!....q.QQW.~l.:t.~.r., ...W.~lA9.A ...W."!...F..l.o.;r.y, ....f..~...f.!' .... a.i-.~, ....~P:A...C~.r.l....B..!'...... ---, .~.tv.~lY,.....:............................................. :...................................................................................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the.:1,:1.,:(:;A,Jay ?f-......... M~:r;c::µ, say in behalf of the Defendant ................................ ................. ....... 19..49.to testify and the truth to in the prosecution of the Commonwealth against....................................... . ij~~J:..~ .. J~.~.:q._~Jf?.Y ................................................................................. . who stands charged with and indicted for a felony ~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ..........lm.th .. day of llarch., 19 49 , =d m th, 173,,';Jf .t:::;;,~ • CIMk �1) ,eft HURDLE HENSLEY ADS. ) Wit Spa co. Chas. A. Hammer} Sam P. Conrad ) 1949 March 11 p.q. �6 Arrest Warrant The Commonwealth of Virginia,} T 't • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, GeorgeD. Conrad, CommonweaJ th I s Attorney J. C • Swartz, made complaint and information on oath before me, of said County, has this day CJ erk of Tri al T. J. or J.P. Justice Court of the said County, that_~H-ur~~d-l~e~H~e~n-s~l-e"'-,J-y _________________________ on the 27th day of feloniousl eighteen, eace November commit adulter in vioJation his of Secti~n of the and di with , 19 48 , in the said County, daughter, 4543 _ of the Cornelia did unlawfully w. Hensley, Code of Virginia, and age against the Commonwealth These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said_--=-H"---u'-"rC.......C..d'-"'l'-e~H=-e_n_s--'l"-e_y.,__ __________ _ ___________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this -=2--=-9--'t'-h ___ _ Memo. of Commonwealth Witnesses: Name Address --------------------------- �STATE OF VIRGINIA-COUNTY OF ROCKINGHAM, TO-WIT: and for the County of Rockingham, State of and .................................. . his suret Commonwealth .............. , have this day acknowledged which they severally waived their exemption, themselves indebted to the ......... dollars of Virginia in the sum oL ..... ) as to to be made and levied of their goods and chattels, yet upon this condition: That the said ap~ear before the Trial Justice Court of Rockingham County at on the ......................... day of ......... ..... , 19 ....... , at o'clock A. M., and not depart hence without leave of said Court, and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with said charge, and then and there answer the Commonwealth of Virginia concerning the within charge until the same is finally disposed of, then this recognizance shall be null and void, otherwise to remain in full force and effect. , 19 day Given under my hand this, T. j. or j. P. ur B::dl Commissioner -..... .... ell \ .... 0 .... .... ell ~ .... .... ::, 0 0 u C\l u ·p ~ ::, ,......, ~ cii ·-.... 0 d ~ '-y--' u 0 ...c: .... Q) cii Q) cii f:-< Cl) -< Q) V) Q) rl Q) z.... Q) >,1 <J'} 0 C: ·s ·;::: u ~ rl rd .,; :> C: 0 8 ~ ~ 0\ "d ~ c: "O ell 0 ~ .... .... .... < ~ ::tr ...... "' ...D 0 ell t') ~ >- >--..... .... >- C: c-- 0 ~ ~ ::c: E 0 u t:: ...0 ell ~ tlJ) QJ ~ .a~ u QJ .:.::: \:E 0 Q) I "O "d ell U 00 ~ .a J:.l.l ~ Q) .... >- 0 V) ...D "O ~ Q) ...c .... "O ;, Q) I a:; ·;::: 0. "d Q) ·;::: :> .... ell .... .... Q) .... V) ...c 0 <.;:. ~ C: 0 V) .... :> .... \:E ~ Q) C: u i ...c: c:: ·-.... ·-.... ~ ·- I ~' .... Q) ell ...c: QJ I '-a Q) V) ~ ~ ~ ..., u "' V) ~ ~ Q) tlJ) 1 '§ l~\~ +> QJ~ filQ) Q) .-l rd .Q .... .0 +l d tlJ) ......0 ~ z ~ ...c: .q +> .... ~ +> u· ·-~ 0. 0 ::J I-) ~ S::: 0 QJ~Q)..-◄ ~ C) - Q) -5 S-1rd ~ 0 d ell ,Sa1Q)fH c:.OfHO ~ "' • '+-1.,-t OQ) tlJ) .8 .0 Q) ~aj QJ Q) fH ...c: .... .Q +l C: 8..'O ;:) Q) Cl) ::I ~ C\l: td. .; rll tA- d aj ~ Q) tlJ) Q) ~ ~1:l Q) -~ rd rl rd Q) .Q JJj V) ~ t-;> ~ C) aj ti.I ..... .......... ~ µ.. d S-1 >,• ::I~ td. d d C\l 0 Q) 0) 'O i ~ ~ ...c:S-1 o ~ OJ ::, QJ ,......, µ.. ~ Q) C: ti; ·-::, ~"' ,.I& .... ......u "' V) Q) - ell ~ i "d C: -~ .... V) ::, ,......, ell I' 1' - 3.... .... '"' f:-< -< 8 ::, I tA- coj -;Y¼- i ell u C: V) ell V) '"d QJ C: s QJ ~ V) '"d ~ C: .... Q) Q) .... -~ V) ::, ,......, ell ~ tlJ) U) ., ~ ell ~ V) C\l! 00 Q) ·a tA- I.O! ~ QJ V) C: C\l ! tl')- "' C: .... .... 80 1) I! o! lO ! .: cii Q) \ ~ C: >0 Q) V) Q) 8 C: ~ 8 ti ot: ·; ~~ u-< - ,......, - ell .... ~ �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA COMMONWEALTH v. CHARGETO JURY HURDLEHENSLEY If of you i for his exceeding hundred or, of not in twelve dollars If no more. your accused, 1-1I .f' in punishment a period years, the a~ cbarged •; and fix find W ~ T l'f JI\ i> ., '- Tii'Jtt/ the Hurdle ?;:>,,.; V (# t,I)" e, indictment, by confinement less than discretion, months one year Hensley, you will in the nor not say so penitentiary more by confinement and by a fine guilty than in ten jail exceeding not five ($500.00). you find him not guilty, you will say so and �" ·~ .. -·• ... Com v. Hurdle Hensley Charge to the Jury r. ., / -·· �.Ji~J);/41 VIRGINIA: IN THECIRCUITCOURT OF ROCKINGHAM COUNTY COMMONWEALTH OF VIRGINIA vs. HURDLE HENSLEY 7 Comes now the defendant, Hurdle Hensley, moves the Court to set aside the verdict of March, 1949, findine Cornelia Hensley, and fixing upon the following (1) this this guilty with his daughter, his punishment at five years in the penitentiary the motion of said defendant on the grounds of autrtfa:rS That the Court erred in the admission the Commonwealth and objected (3) (4) That when the stipulation wealth concerning of co-defendant; of certain evidence of certain questions and the Commonwealth's witnesses Overton Lee, if called acquital that o.:ffered by to by the defendant; That the Court erred in the exclusion witnesses on the 14th d~y of adultery That the Court erred in overruling (2) hearing, of the jury returned grounds to-wit: charge be dismissed Court's defendant in person and by counsel and by the defendant; was admitted as to what the evidence of C. to the stand to testify the statements asked the as a witness made by Cornelia the Court erred in refusing to instruct for the Common- Hensley at the preliminary the jury as requested by the , defendant; that such evidence was admisstble peaching Cornelia Hensley and was not admissible cused and in admitting (.5) witness such evidence as general That the Court erred in admitting called refusing solely on behalf to instruct for the purpose of im- as evidence against evidence; the evidence of the Commonwealth, as part the jury that the ac- of Turner Custer, of the res gestae such evidence was admissible purpose of impeachment and should not be considered solely as evidence against a and in for the the ac- cused; (6) That the Court erred in refusing fendant to strike to sustain the evidence at the conclusion the motion of the de- of the Commomvealth1 s evidence in chief; (7) That the Court erred in refusing fendant to strike CHARLES A. HAMMER ATTORNEY-AT-LAW 204 FIRST NAT. HARRISONBURG, BK, 8LDG. VIRGINIA to sustain the evidence again made after the defense had rested, and after the rebuttal the motion of the de- the Commonwealth had rested, evidence haa been introduced. �"l C. • �(8) That the Court erred in the granting by the Cornmornrealth and objected (9) tendered further the verdict without and that, has beenm sufficient in particular, there sufficient instructions of the to the law and evidence to support same, proof of corpus delicti case. the Commonwealth to prove statements which statements related after likewise rested to declare a mistrial made by the witness to other acts That the Court erred evidence, to quash the venire summoned to try on the 8th day of March, 1948. That the Court erred in refusing and not to act and in allowing Cornelia Hensley, charged in the indictment in allowing the Connnonwealth to introduce the Commonwealth had rested his case without introducing CHARLES A. HAMMER ATTORNEY-AT-LAW BK. certain of the jury was contrary to the evidence and is plainly the case of your ptitioner NAT, to grant moves the Court to set aside the verdict That the Court erred in it"lf"s refusal FIRST offered by the defendant. jury on the grounds that in this instructions to by the defendant. That the Court erred in refusing The defendant 204 of certain BLOG. HARRISONBURG, VIRGINIA -2- rebuttal it""s case and the defenda..~t had any evidence on his behalf. ��,., Wednesday. Com Hurdle Hensley V This day came the attorney accused, this Hurdle Hensley, county, for the commonwealth, was brought and came also by his into court attorneys, and the by the sheriff Charles of A. Hammer, Jr., and Sam P. Conrad. And thereupon, to quash the venire of the order spread the defendant, now in attendance, upon the minutes) moved the court upon the ground that (whieh at this of yesterday shovm for drawing by counsel, time has not been actually does not show that more than twenty-four the draft good cause has been names, as is ax~XJO.miexx&KKXX ~Lfr7b provided court, under Sectio E~xi1m of its own motion, does not correctly court twenty state venire facias thirty-four thirty the ruling issue jurors of whom shall 1949, ·for the trial when actually the court "It from exception that spread selected be obtained by Section by the court case are of twenty selected free that it of the a panel of if only twenty-four it is ordered are that from the regular a will jury list, on the 9th day of March, ..." upon the minutes, because 4896 of the Code for be summoned to appear of this And the the ruling to the court from the list, as provided a panel if only twenty-four cannot of the order of the court, appearing selected ~XKKR~XMKlll«RXllKKiXKx Code of Virginia. amended the draft being as follows: free 489~the And said show that from exception from the list, it "it drafted order, appearing cannot is ordered to be obtained that ��Hurdle 3/9/49 a venire facias' thirty-four thirty 1949, Page 2. Hensley issue jurors as provided selected of whom shall for the trial to quash and the order of this venire defendant, on the the various S. R. C., when in truth support of said motion of opinion said by counsel, that motion, facias issued has been shown", the court overruled, again that moved the court the return of the to sheriff were summoned by Sam H. Callender, said persons and offered were in most in- to call the record; return the sheriff whereupon, of the sheriff to which action of the court persons being case summoned by the sheriff on yesterday pursuant were examined were found to be duly of this moved the in the court is concmusive, the defendaab, excepted. twenty-one after ground and to avouch the said again thereto. by counsel, deputies, And from persons venire by counsel, excepted and in fact summoned by his list, ·" which motion further jury on the 9th day of March, no "good cause veniremen stances overruled because by counsel, shows that being •• does not so recite; And said said case 4896 of the Code for from the regular the defendant, the venire and the defendant, quash by the court be summoned to appear And thereupon, court by Section examined qualified by the court and free by the court, and from further to order having attendance under a writ of the court, and twenty from exception, been excused upon this of thereof W. D. M ddox, from the trial term because of �C ... • �Hurdle 3/9/49 deafness; and a list persons was handed for the accused, four persons, Coffman, O. Cooley, twelge containing to the attorney the remaining Chas. selected and truly all during evidence, o'clock. being, the trial Geo. A. Bowers, M. W. Crowe; Orville and Glen H. Emswiler. as aforesaid try and true this case Whereupon, to constitute deliverance case. is adjourned And having until were make between the Whereupon, be excluded the said the jury, at the bar and a true and spectators of this the names of K. B. Menefee, to the law and the evidence. witnesses therefrom H. Bowman, L. P. Fitzwater, ~ thet struck Herman A. Scott, commonwealth and the prisoner according for the commonwealth and to counsel twelve Roy L. Coffman, persons, twenty namely: F. H. Harrison, sworn to well the names of the remaining who each alternately John G. Heatwole, Allen Page 3. Hensley verdict the court from the court heard a portion tomorrow morning render ordered room of the at ten ��Thursday 3/10/49. Com Hurdle Hensley V This day came again and the accused, the sheriff Charles panelled of this o'clock. Hensley, of this and h&ving heard a further until into court by by his attorneys, and Sam P. Conrad; and sworn for the trial were adjourned for the commonwealth was brought county and came also A. Hammer, Jr., to ad~ournment; evidence, Hurdle the attorney and the jury im- case came pursuant portion of the tomorrow morning at ten ��3/10/49. In Re: Thursday Cornelia Hensley. It appearing that Commonwealth vs. Hurdle Cornelia Hensley, commonwealth, in the trial Hensley a witness the court, it after having is ORDEREDthat the jail of this in an effort of this court county to allow for been directed the said Cornelia until said in refusing for a felony, summoned on behalf to answer pounded to her by the attorney day of the case of on an indictment duly has refused this certain questions pro- the commonwealth and by by the court Hensley so to do, be committed tomorrow morning to at ten 6 1 clock op_Eortuni ty witness/to purge herself to answer of the such questions of contempt propounded and to her as aforesaid! shall produce rt~ the sheriff of this tomorrow morning at ten o'clock her before this court/for further action. county ��Monday 3/14/49. Hensley Hurdle Com v This day came again and the accused, sheriff of this Hammer, Jr., for Hurdle wealth, county, of this said the court ~~~ behalf he does not wish to introduce rebuttal, for impanelled and sworn to adournment; and having by counsel, moved the court announced evidence on his to which motion by counsel, having A. by the common- of the commonwealth, by counsel, by the Charles introduced and the defendant, And the defendant, court attorneys, jury came pursuant the defenda,nt, overruled the attorney and the the commonwealth, into by his of the evidence eviden,~on for was brought and came also case the hearing thereupon strike Hensley, and Sam P. Conrad; the trial completed the attorney excepted thereto. to the court b:ehalf, that thereupon, the commonweal th inta,(Oduced x1dau:ta:.xx evidence at the conclusion - of which the defendant, in y counsel, ,,e..(..,l,(.~C, moved the court to strike all the evidence the commonwealth, which motion of the court defendant, having said received the argument their returned Hurdle the following penalty at 5 years foreman." court this date. some time they verdict: aside hereafter And this the verdict And the and having to their (signed) of the jury into find is continued. heard court Chas. and grant within and the accused, and fix by counsel, in writing jury room to consider came again accused, to be assigned case excepted. in the indictment in the penitentiary. said to which action "We, the jury, as charged And thereupon, to set on grounds guilty retired of overruled, of the court WKXKX and after Hensley, by counsel, the instructions of counsel, verdict, the court o.U&red on behalf his H. Bowman, moved the a new trial ten days from �... .. t1 ,_., I.. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .......?,,./.IV.. VVt:l.cJ..'l?........~/,?.(o.c:::_/r ............................ . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the .../.7- .. day of.......,y;;;.N.._1../.fl..'E:.r,J. .............................................. 19.~/., to testify and the truth to say in behalf of the Commonwealth .................................................liv.i..7.2.L.£:= {gainst. .......................................................... . /-/<SY.9.t,Ef .................................................................... . ...... who stands charged with and indicted for a felony ~eanBnAnd this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ~OBERT 3 Wt1"2ER,@krk of e,ur sakl Cottrt, at the Court House, the ../.:2-..c.. ...-...-. day of ....J;i.Y✓..U.d..l?..y. ....., 19!/.1-, THE SERVICE PRESS and in the li3 ...year �r~/11? V /f v ;f t?LE -':~-J1~--.:,-~ t Di- u ~ Ii'.! C) 1-<lO .-:c; CJ ,,., ::- - 1-/&,l(J o/ '/6 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ................... ~.R...N.. County, Greeting: ...C.../.t............. C!. ..v...3..L..E..~...... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the._/..."J.. day of................... ~..1/ to testify and the truth to say in behalf of the Commonwealth ~7, u.1':'t..lr.j/-·····................ 19.. against ................................ . ................... .lf.v. ..R.7::> ...Lc;: ............ d.c.c✓-:.S.LE-j- ............... ............................................................. . who stands charged with and indicted for a felony mii:Gl,u.-lQl!.ner. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J.R:G~EWE:5'&:ft\l;l-1£R, Ok-,;:½!fSO.J#.&iitW day of...~ ..M.v:A ..l?.f·····• 19 "f..(1., and in the 16" THE SER VICE PRESS t 1 "t the Court House, the .....l.....cZ.,... �~ H'-"1f'J:>LE IJEV,/sr �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham Jo.e ...... K.<21.1 ..'1::?. ...0...l':f~ y OU are hereby commanded to summon ........... County, Greeting: .................................. . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the .../ ..Z ..day of... ......,::Ji.1.t£_v.)l'f..& ;I'-...................................... .....19.~?, to testify and the truth to say in behalf of the Commonwealth against. ......../-/.c.1&.-D.LE ............. . ..... H.£.lv...S.t..E.f--·································································· •.............•............... who stands charged with and indicted for a felony ~ ···································· . And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J...B.ODER:TGWIT3ilsfi,sled E.1111 •a;id C rt, at the Court House, the ..../2..~ ... ~-..-,,,,,,day of...Vl{.I/.V.~lrf··········• 19L/f..., and in the 1'2, _--_,_~ o onwealth. - --~~-«,.,.,.,=:::...::!I...- THE SERVICE PRESS ~ ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............ B..~.µJ.Q,h...:S.hJ.f..f..l..~.t.t. ...................................................... . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the.l7.th day of.................... Januar.y: to testify and the truth to say in behalf of the Commonwealth ................................................. 194.9 ....., against. ......HDRDIE .....HENSLEY. who stands charged with and indicted for a felony WWA'1.eaR~.. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,-j~BE-lt'F day of... ......Januar.y. THB SERVICE PRESS &VW'Effi•a;€-rer1'-ef.o,:,.rMJ.tci-C-otr1'.''i at the Court House, the .......13.th .. .............. , 19 ...4.9. , and in the 173r ~ �COMM ONVffiALTH V. ) Witness Subpoena HURDLE HKNSLEY To January 17, 1949 9:30 a.m . ..... z ....,H~ ,_ E- ~ L 0 0 u:; D at �In the Name of the Commonwealth of Virginia: To the Sh~riff of Rockingham County, Greeting: You are hereby commanded to summon .........C..c ..O.v.e.r.t.on. ..L.e.e ................................................................. . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ...1.7.th day of................. J.m.uar.y. to testify and the truth to say in behalf of the Commonwealth . .. . .... ................. .. ............ 19.4.9....., against....Hur.dle ....H.e.nsle.y ..... who stands charged with and indicted for a felony 'fn-itlB@IR@e.R~"" And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, -j .~BER-'F-S-W·FFB:R-; €rerk-ot°-ott!"'said-C-ot.1!'t';"at the Court House, the ........13.th. day of.. ...J.anuar.y. THE SERVICE PRESS 173rd ................. , 19....4.9., and in the 14,... ear o ·~---~-:?-./ �COMMON\VEALTH V. ) Witness Subpoena HURDLEHENSLEY To January 9: 30 17, 1949 at a.m. E:x"c-uted the itbin ,i:tme<l - ..C:.._t:2e:..e'c./4~_/et? ~~~--~ J handin,r V_"I pe n ·wit ·a r �~- /-~ £-d -- ~-// .. 7-eb/__J ~£!__ - • • - . ~ ; 7 _-~~s;~--~---=?!l"· jg_ -=z: --{/4a,;t, # -~ ,.-7,rZQia? ~ ~~ -!-l- --4 - - -l+-- - I t I '· - + -- -++- - - ----;- - ----- ----- ___ • _ _J . I) �t t • { �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You ?re hereby commanded to summon .........C.ornel.i.a ... sleY.,................................ ........................ ................ ...W...... Hen.sley County, Greeting: ...and ...Glen ...Hen.- .......................................................... . ................. . ;o;;;:,;~e;~;; ,~;;~~;e~f ;~;;;;~~i;;~~;;~f ~~~~:,;;~ ;~~~~:,~;;.,,;;, on the ..~J.r.4 .. day of.........D§.9..~mP..~.r..,..................................................... 19..48., . . J>JF#ftJPA.,AJ..T~ ,_ . to testify and the truth to say m behalf of the ~ ................................................ . ~AH,,~x.:mc., .................................................... Hurdle ....HensleY...... ......................... ............................. ................. . who stands charged with and indicted for a felony ~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J.ROBERT SWITZER, Clerk of our said Court, at the Court House, the ............ .23.r.d day of.. ••••• P..~~.~~P.~.f •••••••••••• , 19 .4fL, and in theJJi.~·::· .:....~r THE SERVICE PRESS .~.~.~~~..Z~~:~alt~: ......... �Common;,eal th v. I Hurdle Hensley I " t~~ ,ro . ' I : • : - ' 1948 Dec. 23 (forthwi thJ \ C'() ""'\ l ~ ~ J 1 : • I I :. : 0 Cl) I lI {_ �Trial Justice -If1 --vob Court Dollket No. A:2370 Criminal I Com'th v. Hurdle AW Trial Hensley ~t-~ If- Arxaigned 3.r- date Probable cause found,held DIAXKX»l•a:x::d'~uilt1xk1l1 for action =-=--~--~ of the Grand Jury 12-6-48 - �Ct?AJ-/ �IN THE CIRCUIT COURTOP ROCKINGHAM 00UNTY, VIRGINIA COMMONWEALTH v. HURDLE HENSLEY This in person motion jury 23rd day of December, and by counsel, and filed to quash the three against opposition himo After his indictments hearing 194.j', came the accused plea returaed evidence to said motion and plea, 'fhe court being of opinion in abatement and by the grend in support and argument of and in of counsel there on, Hurdle Hensley, by law, has not carried upon the plea same is hereby court by counsel, in overruling said excepts plea to quash, him to surnmonf the members to allow the indictmen~ further excepts il)'these as to the sufficiency to'the cases A. HAMMER 204 FIRST NAT. 8K. BLOG. HARRISONBURG. VIRGINIA and motion. to the refusal of the of the of the grs.nd jury: to testify evidence on behalf produced themo ENTER:______________ ATTORNEY-AT-LAW the action in abatement, court of the defendant CHARLES upon him overruledo by counsel, before imposed and motion The defendant, who returned tha defendant, the burden of abatement The defendant, of the that _ �.. ... ... l IJ [ 0 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..17..th day of.. ...............Janua:c.y... to testify and the truth to say in behalf of the Commonwealth ................................................................ Hur.dle ...Hens.leY . .............................................. 19 ...4.9., against ....................................... . ........................ . who stands charged with and indicted for a felony Ifti'8<.tefflCMlV!'. And this you shall not omit under penalty of £100. And have then and there this Writ. at the Court House, the ...g.~r.<i. .... Witness, J{t{~l(X~X~~~~~ 173rd day oL ......... P..~ ..g.~.mP..~~·······, 15flJ3.... , and in the ~ ..,,,,.:-:-:....,,,. ..~e:!!1-LL!J..LW:.. THE SERVICE PRESS �f . II :i • . : . J ' II • I j I li II ~ ;I I I J ' i I ' I �COMMONWEAL TH VS. DESCRIPTION Last known address-----~-~--""-'-'~..L-C.~ ColorJ/JiuJ;;__ OF PRISONER {JCL- , ~es_/3.__£ .l..,g, Hair-B~~~- Weight__J.1_~_'%1/i) Marks _____________________________________________________________________________________________________ • Age-¥-t- ______- ____ J~~ --~ Date of TnaL __ FaJvJ, Occupation ________~-!,,')"fl- - -- ________________________________________________ _ -7-/-'J /-'f-7------------------------------------------------- Resul•---~------------------------------------------------------------------------------------ ��;r 1 () . Jf!-f_ ~ / c~~ ~~ r--· c,~ • 1t, /fj-'l ,vt-,L. • ~w_f 1 /(4 ~ ~~ l~ aA[ ~~ f~ L ~._____,._~ ~k ~ c£ ~ ~,- ~ - _ ___,, / ~~ -~r. ~ , �• �t,, It o<§- )-~.Io ~ t! it /J ~~-{ ...., u ;§- ,,,, ~ 4 ,, n h 11 11 Y /' d.. Lf.'Y/A.,J/4-j,~ I °o I l /,f I .. I \, /(' "..., I ,I ~ �---- �' ,., ��I JV- ~- VJ i ~ ·~ _\~ ,4--r,ur /_ / ,/ /4-: ' ~ Jr CL~ ' - - - ~- ~~--- / �--~......, ........... ,.._,....,,'""_ ...._. .,,,._.__.., __"'------·-----......................... _......,. __.,,,...,.._,._..,. ..... ---........... _.,,,,.,.._._ ... ..,_..,. .. ~ ~___,-· ✓-- .. _ • ...,. ....... .,_ ·~ ----'-----="'-~ .... -------- ' --·-- --- ---- t-------- - -------------------------,- ----- I H------- ---------------- --------------- -- - ', ----- --------------,-------------------- ---- - �~· ~ ~ ~ /' ~~~~~ ~ ~=-c~,,,,,,,___~ h ~ ~ C,./'L---C.-C~-__,,,r~--i::.---, ~ J,'_./Z,,-,.-:--C-- • ~~ -~- I~ ~Gt~ ~ ~~ ~~ ~ ~ -t...----'""£.--1~-~~ ~ ~ �l.. ��I I. �Commonwealth On an indictment vs. Hurdle for a felony accused, Hurdle Hensley, county, and came also namely, Charles A. Hammer, Jr., said of res accused, autrefois in bar, indictment plea herein; unnecessary to again And said the venire in abatement, facias file the initial ballot to ideitify followed shall and that be listed no consideration of record, jury it as tjle jury in the order may be given thereon and deeming it moved the court catse on the ground and the City ballot is mandatory is dravm from the as to the districts that on to be of Harrison- marks upon said in the jury that drawn constituting to quash appears be no identifying them from any other said the doth so order. districts should plea estoppel, ruled dra11n from the box there there his to quash already by counsel, summoned in this that in drawing having own choice, .And there- ~endered and motion the same, of the different burg thereon; of his of co-defendant, entered accused, the back of each ballot again and the by the sheriff and Sam P. Conrad . acquit heretofore court by the attorneys and the court as shown by order into by his attorneys, adjudicata, and plea for the commonwealth, was brought of this that #2 Hensley This day came the attorney upon, (adultery) the statute box; be ,.&.6x, their names the venire and or city of �~i r~ " «j•/' ( ~ ,,' t:~~1t, -,zf',:; ~ ,; ,,, ! ;t:I .I-- ,t, I ,<t 1 , r::b..~ ~~t t "~ l 'I Y_();;~<...'1 ~b,,,u,,i~<-u ~/r-1,Jil.v 4/... ~1 �Page 2. which they are residents the court and/having examined statute; that the letter identifying court, appearing mark, the accused, the court entered requirements such venire cases in order said facias at this and being motion, by of opinion of such ballot is not an to which 2.ction facias thereupon of the of such venire quashed; heretofore that the order the court sustained, appearing of this day been quashed of this case, and to the court for the trial has this the trial moved does not meet the and it issued term of court further on the ground which motion for as provided excepted. venire is hereby facia) venire by counsel, of the statute, and ~ 1 and other cases ,--r ( ro) 1 r~e term of court,\\-·B:E~~~~~~~f.{&1~~cr,.1al!t~t:t1 ~-r<.~ arom accused, to have a jury at this said the issuance the venire other said by counsel, to quash directing in such cases on the face overruled And said that except -t/ n / ~ 9XC&p-v_...._~...._..,.,,he ;/:uu1.-t • -f-l.1--,,_ ( term o court\ by Section Ytf) ~ it ~ r.~_,_,,__'1-,;.;-.s 'o-ut/ Mi cases bf/tUXXlCXrt to be heard I /JJ-U. ./ is ORDEREDthat /,. a venire 4896 of the Code for thirty-four I/ facias issue (34) jurors I a-t this I as provided se~ected by A,.t,Cf.wla/V' the court appear from thefjury list, thirty on the 9th day of March, and such other cases (30) of whom shall 1949, for the trial as may be set for trial at this be summoned to of this case, term of the court. �. I . ; �6 Arrest Warrant The Commonwealth of Virginia,} T 't • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, George D. Conrad, Commonwealth's made complaint and information on oath before me, J.C. of the said County, that on the 23rd day of feloniously ei hteen peace Hurdle November violation and dignity of Swartz, Cl erk of said County, has this day of Tri al T. J. or J.P. Justice Court Hensley cornmit_adrutery in Attorney with of the Section , 19A.8_, in the said County, his daughter, 4543 Commonwealth_ of the did W. Hensley, Cornelia Code of unlawfully Virginia against and age the _____________________ _ These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said_~H~1-1r~d~l~e~H~e~~D~3~1-e-Yoat------------ ___________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this_~2~9~t=h~--- Memo. of Commonwealth Witnesses: Name Cornelia w. Hensle Address c/o Warren Hotel, Harrisonburg, Va. --- �1-1 no 0 p, l'l> ::, JUDGEMENT 0 :,:" (1) ::, C: ::, p.. Trial Justice Court ~ o.,.::, i;l::, (1) >- g 5-.g~ p,'l ,; " O..(t) ::, (1) p.. .... n Hurdle Hensley ,.,. >< (1) 3 ~ (tl a::::.:.g,,o ::, ::,OQ. ,.....,..., -· p.. ::,(1) (1) -· ::, " -< Executed the within warrant by arresting and delivering the body of " ;ro C: 0 ,; 0: ~g g ~ i o'~ ~ .. h::, ~ ~: "' OQ5· ::i5..I: p:, rt: ~ M <!to: (i) ::t o,.::,---· n: C: • Fine - - - a.! 3 (1) $ .... . M: $....1.•.00...... . Issuing Justice's Fee Clerk's Fee - &f day of $.. 1 •.25-. Trial Justice Fee $...2 .•.QO...... Arrest $...J,..~.50 .... . and Mileage this 0 o: 3 r 5· ::, (1) .... Summoning Witness Witness Attendance $ ·····"'·"'·"""'····· (1) -· ~o·-g i ______ $ .....8.• 25..... ~~rL~-~~~(.J,1~~------"---=---~-- Trial Justice ;'; n 3 ::, ::,-,, ,..,.... " -< [ji i Miles travelled by officer $ ....................... . - (D !),) ... ~~-era ~oo. $ ......... ~.~.~ ..... ..... g~ C"'::, ,.., p.. $......... ~.. Miles carried prisoner Total mileage 1,,: - - (1) n ;.'.... '-< ~;:;· (1) 0 0 C: ~ 15-: ::, OQ ::,- "3 0 0 C: ::, ~ ::,- < "(1) ,.., [ p.. -< " " n ?;" --~ ::, -< (1) 0 ~ ,.., C: 'O 0 ::, ::r""""'";:,:; n0 -< q. ('p ~ 0n :, a.. ;-9:-~ Officer's Mileage 5- "::, p.. -ro 'O ::, 0 : and Mileage $ .......'.'.'.~'."'.~. - : ½ ~ ::,- ~n (ti Jail Fees ~ ,-J 0 ::,,.., n·· ::+ ::,0 5· g ::i..... .;· e:._::,,..., .. -·::, ~ ~ Commonwealth's Attorney Total g..~3 : no..~ "'-· "::, 3~ Of :::r: 0 ::?. ::,- ~an -· l z 0 ;;-< ;;;· f¾' ,-J -< g -o ~ C: ?<: " ...., ,.., 'O 'O (1) {J>: ::,-5·....: OQ ;:,:; 0 0 p.. n 0..ro • ~ 'T1 >-~ (1) OQ (1)::, " 0 "p.. ::, "p.. ".... ~-.... ;:;\§. 0 g.~ n ...,.P-1 -< 0- OQ r> 2'.::i-o o o' 00 ::,~5-...., l'l> .... OQ (1) -< 3 3 ....,n ::, z ,-J c 0 0- (1) e.03_ ~~ ::, p.. 0 C 5· ? ,.., Oo~~ ,; ~on (1) I 0 (1) (1) rt"48:. ::,-'~ ► ;;;· (1) E'--38'g g3~ ~ ;r O -· ~ ~ ; 5§. ~-< g ~ z 5- 5· ;:;· 5- aoo.;r { Arrest Warrant 0 -< < ;:;· ~ " ".'l. :::· ::, -· 0 O-::, vs. 'T1 5;.'.... ..... P...-g ::, ::,-,.., Commonwealth < :;i:i g < .... ::, (1) (1) and there being probable cause found, the defendant is held for action of the Grand Jury. 0 ;.'.... ,.,. ::, !),) Upon the hearing of the within charge, @ ~ (1) ~;.~~ ::, ::, ::,-g S~ ~ CL -n,; n Criminal Docket No. A 2369 >- "' "' ....,. -n ,-J ;r -< (1) ....;ro. .... -o-"' (t) '"1::, (1) ..... 0 (1) ::, " P... en 0 0 ;r 0 ;:;· 3 ;r 3 ,.., • c... ~ s-6· g -·(l)C:;,;- 8 ft5· ?. ---l ;r ~ 5(1) ~ ., "'5:. " 8 ,.., " p.. OQ (1) p.. 5(1) 3 "' (1) < " "' ::, p.. (1) ~ (1) p.. 8 ,.., ;r " ::, "p.. ;:,:; 0 n ?;" 5· OQ ::,- " _a ${l ,.., " (1) 0 ..... �Trial Justice Criminal Court Docket No. ,4_ :2 '3 b ~ 7 Com.'th ~-- -·- v. Ht.1rdle Hensley AW Date Arraigned Trial date //-30-~J /6 AJ,,.... Probable cause found. Held for action of the Grand Jury. l 2- 6- 48-.--=,. �a ( �STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand the body of the Circuit Court their 23rd oaths County of said County, that day of November, 1948, daughter, Cornelia 4543 of the dignity of the This and sent at its in said did W. Hensley, indictment before of Virginia, in and for and now attending December ·county, term, is then commit adultery age eighteen, Code of Virginia, Commonwealth W. Hensley State the 1948, HURDLEHENSLEY, on or about and feloniously Section Cornelia of the of Rockingham do present unlawfully court jurors with his the peace of Virginia. found and Glen Hensley, the grand jury on the testimony witnesses to give the and there in violation against upon of sworn in evidence. of and �1 1948 Adultery ,=-<-i // c:. . Foreman INDICTMENT COMMONWEALTH v. bill: term HURDLEHENSLEY Felony December A true \I Cornelia W. Hensley Glen Hensley Witnesses: 1. 2. ., George D. Conrad Commonwealth's Attorney �Docket N<- COMMONWEALTH of VIRGINIA ) Felony vs. ) #2 ) (adultery) HURDLEHENSLEY Geo. D. Conrad, Com. Atty. p. d. 1948 Dec. 20. lJ"u/. rJ. Indictment returned. Motion to quash-to Dec. 23. Bail refused-& exception . ~j:;~~tv' 7/413 4~ 1141___ ~17';}-ff_;.q.~,~ y- ~µ,I- ~ tf" 01 --;,$ ~-r-f-~~~~ o' • ~~ ~-tr~~ - t7 •- .. ~~~~+n7>o .7, ~1-1'~ --~ 1- ~ • 'I(_ ~ H </°•.,.,._ Y:/(po CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �� 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/. Title A name given to the resource Commonwealth v Hurdle Hensley Subject The topic of the resource Felony Adultery Description An account of the resource Defendant charged with felony adultery Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1949 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_015_008 Hensley https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_015_commonwealth-v-ira-mavis-robertson.pdf 3b0d857ccafbecfe6b22989acd66d094 PDF Text Text G. H. Parent Co. Ashland, Vo. F orm N O. 777 t:f of - c:=:nweal l ::::~:m____________ , to-wit: In the Circuit said Court of county , October The grand jurors of the Commonwealth of Virginia, in and for the body of the Rockingham , now attending the Circuit Term, 19 of County Court of the said county :M.tt.VIS ROB.i:!.:RT.:iuN or about within twelve months prior to the finding of this indictment, to-wit, on;fue 21st upon their oath present that IRA August said , in the year one thousand nine hundred and county, Sylvester operated did , feloniously fail Simmers at the scene by the said death of the said 54 of an accident Ira Mavis Robertson, involving which accident Simmers, • against the peace and dignity of the Commonwealth of Virginia. Trooper J. fifty-four to stop and render assistance Marvin Sylvester Upon the evidence of day of C. Hash, witnesses sworn in open Court and sent to the grand jury to give evidence. and in the to Marvin an automobile resulted in the �•I 1' L l ' fl INDICTMENTFOR A AL'TH ~ FELONY COMMOJ{WE vs. t Foreman . IRA MAVISROBEhT~ON A TRUE BILL "---" ;;;i{__.,__L __.L __, __ -------- George D. Conrad Commonwealth's Attorney �Docket No. 1':f/ 1 COMMONWEALTH vs. 1954 . of VIRGINIA } } Felony (hit & run) } IRA MAVISROBERTSON ;,:: I 7-,.J ~ / .5 1· 1,,, £) I- ,'Io ID -1-{°f,'1/ ✓ } p. d. 0 ~ "m ~ < " 0 ""() ' f 'O !' ✓ - .J I 1~ ( :r 1 --- Appointed 'O J) r ~%~ Own{)(} ~ V r ,1.U:<1 V (/ " ~ ✓ 'J-6>0· (:? 3 / ;(} .f; 4o CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. ��S. P. 82 • REV. DEPARTMENT OF STATE POLICE 1·6•$3 B }.' I 490286 to answer for violating the Motor Vehicle Laws of Virginia, to-wit: Reckless Dri ng Improper --/ I hereby promise to appear ~ /~ /. at the time and place specified above Summons required under Title 46---Section 193, Code of Virginia. Failure to comply with this summons constitutes a separate offense. (Defendant's Signature) ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS /2 ,IJI' JURISDICTION, COUNTY, ,.z I PLEA □ GUILTY □ PENALTY CITY NAME OR TOWN CONVICTED OF COURT DATE OF :~~LTY APPEAL IMPOSED TAKEN OvEs v~ STATE -STATE POLICE "'5HIELD .NO. IF DEFENDANT OF SPEED- SPEED TRAVELED ING- SIGNATURE SPEED OF CARELESS DRIVING ANO LICENSE □ YES OR SPEEDING- OF JUDGE OR CLERK SUSPENDED I TITLE ONo ZONE MPH IF CONVICTED RECKLESS This abstract is fi by the Judge or the Clerk of the Court having jurisdiction of this case as ' quired by Section 46-414 of the Code of Virginia of 1950. CONVICTED MPH PERIOD □ NO I DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Following too closely Did not yield right of way Failed to signal tum or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �s. P. 82 • REV. ,-s- DEPARTMENT OF STATE POLICE 53 County or City ________________________ Trial Justice, ________ __.___________ o.._______________ ,o.~-~-------a,._ to answer for viol~ting the Motor Vehicle Laws of Virginia, to-wit: Reckless Driving _n Improper I hereby promise to appear Date _____________ _ D _____ N D Exceeding Speed Limit ° _ ,o'clock..___M. Operators Li D Chauffeurs cense r . at the time and place specified above (Defendant's Signature) Summons required under Title 46---Section 193, Code of Virginia, Failure to comply with this summons constitutes a separate offense. I ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS JURISDICTION, . 7 ~ CITY RACE I I HftlGHT FT. STATE i....... I SEX WEIGHT IN. I POLICE I ~ES I STATE COUNTY, HAIR Y~AR BORN I I OPR. OR CHAUF. LICENSE PLATE LICENSE STATE PENALTY NO. STATE IF .. SHIELD I PLEA □ GUILTY □ NO. This abstract is filed by the Judge or the Clerk of the Court having Jurisdiction of this case as required by Section 46-414 of the Code of Virginia of 1950. CITY OR TOWN CONVICTED OF COURT OF I I :~~LTV CONVICTED OF SPEED- SPEED TRAVELED DATE APPEAL TAKEN OF JUDGE OR CLERK LICENSE I SUSPENDED □ TITLE YES □ NO DvEs SPEED ZONE MPH MPH IF CONVICTED OF CARELESS AND RECKLESS DRIVING OR SPEEDING- -- NAME IMPOSED DEFENDANT ING- SIGNATURE I PERIOD □ I NO DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Following too closely Did not yield right of way Failed to signal tum or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �f STATE OF VIRGINIA ~ OF Harrisonburg Ko._____ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: J .c. Hash Whereas, John G. Leake has this day made complaint and information on oath before me, ___________________ Justice _ (Name) City of The Peace of the said ~y. that _______________ _ (Title) Iiockingham IRAMAVIS ROB~RTSON ______ or about fail day 21st did on/the stop and render to automobile Sylvester operated Simners, A_u~g~u_s_t_________ 0 ( ___ assistance at the by him, which accident in violaticn the peace and dignity of Section int~ County 19---21:L_:Unlawfully and feloniously scene of an accident resulted 4b-l89 involving in the death an of Marvin of the Code of V:irginia, agam st of t "e Cormnonwealth of Virginia --------------------These are, therefore. to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham Trial Justice Court of ti~ County, the body (IJclJmx) of the above accused. to answer the said complaint and to be further dealt with according to law. And you are also directed to summon ----- color Address color _ Address _ color Address _ ----- __ color Address ----□ color Address --□ -□ -------□ □ as witnesses. Given under my hand and seal, this-10th __ 54 day -~ (Title oi Issuing ~.;,- ~-- ~ Otticer) JUSTICE OF THE PEACE __• 19__ _:___ (Seal) �City ST ATE HarriSJnburg OF V IR GI XI A-CXll(.1!1:,1Clly r. __________________ John G. Leake _ . cf{t;: ':Ix~ Justice of the Peace a State of Virginia, do certify Ira Mavis Robertson that Joe D. Grimm (LinvilleJt. and------------------------~ to the Commonwealth 1000 .00 ($ of Virginia ), to 2+ One in the sum of goods and chattels, --- lands, and tenements Robertson 9th County, on the Harrisonburg ---------------, , have this day each acknowledged themselves indebted Thousand----------------------------------- be made and levied of their respective Rockingham 2:00 P M ., at ------ Y as his suret • con d..1tJon: Th at t h e sa1.d _______________ Ira Mavis b e ren d ere d , ye t upon t h 1s of in and for the ~iXiRy aforesaid, ----, to the use of the Commonwealth Trial~ Justice 1 11 appear b e fore t h e s1a day of Dollars September to Cour', , 19--51!. v·irg1ma, .. • • at an d at any time or times to w h"1ch t h e procee d"mgs may b e con t"mue d or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to an,wtr for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that shall keep the peace and be of good behavior the said from the date hereof. 3_0_tb ____ Given under my hand, this __ day of ___ A_u,,:cgu_s_t _________ _}_9~ ?-'" for a period of _________ 7 ,!ays ~L ., ~ J.P < V> ("') 0 ~ V> (') 0 a:: a:: 0 z ~ t<j > t"' >.:i :I: 'TJ s· (I) ....:.I 0 >-l 0 E E ("') ff) 0 C: 3 0 3 3 0 ~ (I) s· CIQ 3 ::i E. ;} ... 0 ► ... ::i ::i Ei (I) rn rn ... E 0 Ill 'O 'O (1) ... Ill Ill ::i 0.. ~ (I) 0.. rn rn >-l .., (I) ~ 'TJ (I) to Ei ► ... ... ~ ... Ill o" ...., (1) 0 ;;; 0 ... Ill (I) V> (I) '< (') 0 ti) >.:i ti) .....,J • I\) \J'\ f 0 ~ •I\) 0 ::i . ~ (1) I\) 0 0 .., (1) ..... ... 0 (I) n 0 oq ::i ;:;(1) 0. �, COMMONWEALTH VS. iflol~ ~1111 - DESCRIPTION OF PRISONER _@J:~--~--~-~--~6 ___ -/._ti-+-------------Heigh~ Eyes ~ Last known address Color yV Marks~KZ..>..e...-1_,,_/J_Y ___________________________ Age Date of Trial Result • Ll.:...ijV~=---------------- '!.__/ ) 0 ~t/7: JJI / 1/ ~ 2--~~ .. Cl~ /0/ _ Occupation_'!-/-:z~'/)~~~l:__t,/~✓~I k t/ Weight ��Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .................~.~.~~P.~~ ...~~ ....9.~....~!?:aj'._l, ...................................... ···················································•1,,·····,··················································································································· to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at ,{.~•1,jock, a. m., on the .....1.1.th ........day of ..... ........<?.~.~.~P.~~ .......................................... 19 ..54. to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ...................... ................................................... v. ...... IRA ..M.8.Vli:::i ..RUBERTSON........................................................... . who stands charged with a felony ~r. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, 1bd{~xl{fflflf:IQ!:1'jcmXQJExz!l1XJlJl1mGX0!ustK:,at the Court House, the .....4:t.P: ......... . day of ...... 9.~.'t.qJ?.~r. .......... 195.4 .., and in the ...11.9.th .. year THE SERVICE PRESS, J-lA:\RISONBURC., VA. �Commonwealth v. ) Grand Jury Summons ·Ira Mavis Roberston 11, 19.54 at 10:10 a.m. To Oct. �In the N~me of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: .L,...Do.Y.e..~.)....F..'U.l.~~ ...E.w.+.i ... Y.~.~ ......... . ............................................................. ,.......M.~.~Y..i.!-!:.. q ..~ ...~.~.<:3:~E3.r.) ................................................... .. ~.<.?~~~~ P..~.P..e>.Y.~ ...li..41.'2-.~ ...:r:r~~~~~.~.~~.~.~.t ..?.~. • .................................................................. ~B.~.~·~·~·~··:i:,··~···.9·°-·°-~~~ ..~ ...:i:,.a..~.~!.. ..S..P.:r.:i..~~., .... Y.~.~.... Charles R. Blosser) You are hereby commanded to summon . .Cur.tis ...................................... .............................. .. ................................................................ c'iW:.ries· i-r·~· ..ciirie ......')':f:f~'#:f~i-Iarris·onburg, va. to _,atpearbefore the Judge of the Circuit Court of Rockingham County, at the Court House thereof, atlM:o{Pock, a. m., on thel.s.t ...day say in behalf of the Defendant of......... N.o.vembe.r ............. 19 5.4. to testify and the truth to in the prosec1tiionof the Commonwealth against........................................ Ira Mavis Robertson who stands charged with and indicted for a felony .............. , ................................................. . ~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court Home, the ....?9th day of .....O.c.t.o.b.er .........19 .. .54, and in thel the Co ........ �0.r ~XECUTE~jK15/4sffNTHE COUNTY ROCKINGHAM.BY DELIVE GA TRUE co QI ii ;; bl) 10 ::, 10 :c +'! .c "i: < ,._ i"i ::..__! "' 'ti >, >I- 2 ::::, 0 c..) . ,g :aE -<C (!J :.- cnz c.; ~ .-i THE ROCKINGHAM BY DELI E COPYOF THE WITH ~XECUTEtfjU94yCN < 1ii /~ RSON. /-4-I ~ .,4:,.~.- ...s_ 01 aECUTE IN THE COUNTY A TRDE "ROCKINGHAM BY DELIV COa~•THE TO &Lt.~ WITHI d] .0 C 0 C .,,_a,.e;t,l. l. ;:: <D 'O 0 .0 (\j .... .... 0 0 IN ?; Cl) 0 \'G L C. ('11 .... 0 0 0 Cl) > Cl) ('11 0 >, 0. Cl) .... 0 0 .0 ! . \.J. \• >, ro - 0. ·;: - -ro ,... ro ~,. :, :, I.. ,._, :, .c rf) O'' .;,.. • • c..) 0 ex: �COMPLAINT REPORT SHERIFF'S OFFICE Arrest Number _________ Location _____________________ Complainant's _ -=---- Name ____________________ Received by _________________ Nature of Complaint ______________________ Letter In Person Telephone _ _ Address. ______________________ Time __________ M. _ Date._____________ _ Officers Assigned --------------------------------------------------Details of Complaint __________________________________________________ Person Arrested _ Signature of Investigating Officer �~otfinolng6!/a:{t·4 place of abode, Executed ,M ,/ j'L;Jg/4 d.· f ¥" usual place of abode·&,...,a.~...,.r::,..&-,,--,.~1.-........,_;.u;~,Ac::>,C..h is family above th,......•"'dA._ " h .-. • 1.02l!l'i �COMPLAINT REPORT SHERIFF'S OFFICE Arrest Number _________ Location, _____________________ Complainant's _ Nature of Complaint. ______________________ Name. _______________________ Received by _________________ _ Letter In Person Telephone _ _ Address, ______________________ Time.________ __ M. _ Date. _____________ _ Officers Assigned --------------------------------------------------Details of Complaint. __________________________________________________ Person Arrested _ Signature of Investigating Officer �at hts usu~. 19lace of abode, Executed usual place of his'tamily abo .,., h"'r. _.,1./,;_/t:;,11~~~3il..J~~(,110~~~cr:.,__ ____ / 7 -,- by delivering a ;~~--~v.-£.- he age of 16 years, and explainin d~t~ A.L.STRAtVDER,v1AN SHE~:FF ROC~NGHAM COUNTY u �C.A.8. No. 4 Ng 11565 ACCOUNT AMOUNT ��TRIAL JUSTICE COURT Criminal Docket N<! 15870 A Com'th V. Ira :Mavis Robertson Defendant ~W-JCH (\IN.Appearance ' Trial Date 9-JJ-54 Date 9-9-54 2 PM 9-30..54 lXD 2:30 PM 11~ufficient Held for action probable Cause." of the Grand Jury. �� 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/. Title A name given to the resource Commonwealth v Ira Mavis Robertson Subject The topic of the resource Hit and Run Description An account of the resource Defendant charged with hit and run Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1954 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_017_015 Robertson https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_015_commonwealth-v-irvin-william-lineburger.pdf e3bf2fe3486f39918050d67afdefc80e PDF Text Text �? �if ( tj//.ciJLJ: 1-~ J /,d ...(J.;,,.t, L._ ��COMMONWEALTH V. JRVIN WILLI.AM LINEBAUGH INSTRUCTI ON The Court driving or likely instructs of a vehicle to endanger iSilP'iit-PPMt the jury that ( --- reckless driving is the at a speed, life, EBffl'ifYifJtiJ~a or in a manner so as to endanger --- - -- ___,.., ____ limb or property. - ••·•·,••••...,•• #'.llr.,C• §11~ a1t%6·#,.lJ N;.i.!liliilgii<Wfiili lQi • • , ■ r•4•r r,,,,, "J:,S?Nt♦~ ��IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA: INSTRUCTIONNO. --The Court defendant to instructs be the innocent jury until he by evidence and to with the his exclusion innocence. defendant stage in the to case, accused prove their find the jury upon the the to him not of convict, sonable the guilty. nor is of unless doubt. all reasonable of case, having heard case, or against the however or strong, if the evidence supports such evidence amounts the every the evidence doubt of the guilt any the the of not of essential the it is doubt probability and of sufficient weight charge proof fact indictment, greater to at with of is the goes applies benefit suspicion consistent all to him in defendant sufficient as charged doubt, innocence and the as hypothesis a reasonable Mere defendant, it have made the ponderance ment, give after whole charge duty guilt if, guilty reasonable entire law presumes proved presumption the and is the beyond every This throughout thereof, the of that in beyond the to or prethe indict- every rea- ��COMMONWF.ALTH v. IRVIN WILLIAM LINEBAUGH INSTRUCTION In considering of proving the whether guilt of the the nor its meaning. reason, and is not to be confused for law does not say that imaginable, that accused instructs the jury or not the conceivable upon the jury must limit its trial of the doubt imaginable of the proof The jury from lack proof the jury of evidence, natural cannot essential to the proof concerning If, dence, immaterial after and reasonable a convinced tion of all the truth doubto on the other guilt in mind that of the t~eet hand, after the the inferences to to create inferences of guilt. any doubt arising or from questionable of a material accused consideration of doubt of the guilt its charge, fact and not a mere doubt circumstances. in such a state belief to find be a doubt and honest left beyond every presented·at testimony and nonessential Commonwealth has failed If, bear should of the a reasonable your minds are from reaching should fact, doubt, go beyond such evidence from conflicting of any particular guilty of the to the evidence nor can you go beyond such evidence Furthermore, or possible on doubt. sufficiency the the Court the word "reasonable" a man must be proved including doubt, burden is a doubt which is founded with consideration be drawn therefrom. doubt, not overlook or possible In passing case, beyond reasonable you should A reasonable Commonwealth has met its of all of the evi- as to prevent of the accused, you then the burden. an impartial and reasonable the evidence in the case, you have an abiding of the charge, you are then satisfied beyond all considera- conviction reasonable of ��COMMONWEALTH v. IRVIN WILLI.AM LINEBAUGH INSTRUCTION The Court instructs a vehicle travelling overtaking vehicle, of law to give ever, in the an audible mere negligence, property. that is not alone for the element when overtaking same direction, signal of this driving; the added necessary jury when in a rural the violation of reckless the --- area, of his traffic driver is required intention regulation, sufficient crime the of endangerment of the as a matter to pass. or any act to constitute of reckless and passing driving of life, the Howof offense includes limb or ��COMMONWEALTH v. lRVIN WILLI.AM LINEBAUGH INSTRUCTION The Court evidence evidence, is further instructs just as legal provided that such character the defendant's guilt jury and may be just the and force the ---- attending as to satisfy beyond reasonable that circumstantial as effective circumstances as direct proven the minds of the doubt. jury are of of ��COMMONWEALTH v. IRVIN WILLI.AM LINEBAUGH INSTRUCTION The Court instructs is a question the exclusively jury that the jury; for to determine from the appearance their nner of testifying, their testimony, intelligence or lack ness to the result their parties, if of () - }7 and the candor jury have the their the relationship of the witness and from all determine accordingly. right and consistency other of apparent of the witin the surrounding which witnesses and what is the relativ~eight credit of witnesses on the stand, and fairness, the interest on the trial, credit and to give \ any, credibility reasonableness if any appear, appearing are mo1 e worthy testimony apparent the of the witnesses of intelligence, of the trial, circumstances the ---- of any ��COMMONWEALTH Vo IRVIN WILLI.AMLINEBAUGH CHARGETO JURY If you find in the warrant, of not less the accused you will your discretion, If you find in jail by both of reckless say so and fix than Ten Dollars or by imprisonment guilty hi~ punishment nor more than for him not guilty, as charged by a fine One Hundred Dollars, not more than such fine driving, thirty days, or, and imprisonment. you will say so and no more. in �\ �13660, Deputy Clerk �» oa~r.1 -• •· [ I I 81.dloCT.. -- ·-- I- • I 1 �Witness Subpoena CommonWiealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: m nde~ame to appear before The County l)f ----+-J_t.~_day to give evidence 111 behalf of of t~o;nonwe Court of said County, 1 ~ , 194, ~ c-t/._..... () sitting th of Virginia to summon at Harrisonburg, at the hour of Virginia, J. (}'r~--- 111 said County, on of that day -ti..'- 111 () ' the pending case of _\.....rn-~'-----'------------------------ v. ~d~ -=-a ~,,1/.. J Given under my hand t is,___ -:6t __,8"'- __ ~ w~JZ..,J..:1 - ./ =cr day of OVI' , 19~ ~c~ . d- 6-56-SM-Garrison -,<\sst Clerk Gk::rk �~ j ~ t:: 0 0.. ..0 .. \ ~ ~ ~ ";'-.. 1 ...... \I' c' ... ....... "'o ~ ,~ -···········-·-at his usual elive;..;n~ a .. ....... .. . .. ... , being a memb~r cf faining the pu!"port thereof ___ ~ ----···········-· > '-''-''-' j t:: ..., V en en ;:3 V ~~ (fl 't ,.!,! u 0 8 Not finding........... .-.......... place of abode, Execut d.... . usual plnce of r •• • his family abcv·· to her. Deputy She· �FORM T J 8-!50 SETS OFFICE THE TRIAL OF JUSTICE ----------'-~"'-'-1--VIRGINIA To _ ----==--.,__<-'/d..=-- 1- 19::i:..?- llV-~L-~~~-✓~~~~~--- _:i:::::.q_.,_~< 0 I Hand you Herewith follows: my Check No-'17 f In settlement of my account as DESCRIPTIONS DATE CLL~-1L..2-~ ~- AMOUNT k_w~-L~l_ Yours very truly, Trial ltistice. u ~ ..1..r ��APA-104 JP-lOOM--4-56 OFFICIAL RECEIPT FOR CASH DEPOSIT WITH IN LIEU OF RECOGNIZANCE SURETY L N9 59984 FOR THE APPEARANCE BEFORE J usrice ORIGINAL-TO of rhe Peace �APA-104 JP-lOOM--4-56 OFFICIAL RECEIPT FOR CASH DEPOSIT WITH ,ry GsA.ti IN LIEU OF RECOGNIZANCE SURETY N9 59984 OF Jusrice of rhe Peace 0RIGINAL-TO L �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded .................................................... ................. 'l:. to appear .. County, to summon 'r.RQ.9f~ ... E.~..:BJ .•.. KISER ,.k~k . ............. Mti.P.I:I ...PAY.I$., ...gqµ1:_'3.. ~.1 before the Judge Greeting: .. :EI.a.:r.:r.:i.E>.9.11,1:)_llTg .. ····················•········································ of the Circuit Court of Rockingham County, at the Court House the!'eof, at 9 :30 ..., 19 ... ~: to testify and the truth to say in behalf of the Common wealth bo48-I~-t-A@--Gt--a-11-0-.fu,y, against ...IRVIN ...WILLI.AM..LINEBAUGH................ who stands charged with a-H@-ti+dteted-4ot-~~1,. And this you shall not omit under penalty. Witness, Han,isonburg, CHARLES Virginia, of the Commonwealth. E. EARMAN, misdemeanor. And have then and there this Writ. JR., Commonwealth's at the Court House, the. 9th .... of Attorney .. Dec.e.mb.er.... for Rockingham ~ . ...... . , 19 57 County and the City of and ·n the L: ..... Commonwealth's Attorney �Not findi~4.·.... ... .~•··-·-·--···---··at pface of abO(b, Executed. ...... 1d...../J......... v-7-................... by delivering a . ... . .......~~····,£}g__~- truecop//))}' ..µ/~ · 1" ••o (}>J,4..D~ ot, usual rbce of n J~·····~d~ his famil; nbovc ti. • of 16 y,nr , to her. his usual . ....•..•••, 1, 1 ex .• 1i~th" Jng a m~m ::r of pur,,o,t thereof £2:...4'V-u:ud..AY~---······ D , .tv Shenf£dU: . ..f- S. R. C. ~ ••••••••••••••••••••••••••••• ... �9. P. 92- REV. 7-111-ll<l D '4 1'L---#--,'-L....:LJ:.~'---'::.....,e:..e.,,.-,..1.,~=~--6':....::..-'---':....:.-=c....L.==.J,~L.l:.-<- '-F=-.L-..=...t....J'-"--='---=----"-'---'--''-'=-~-==~--• B 990415 TMENT OF STATE POLICE _____________ 1,<-~.:_.:_:_~=.:__:c-'~<L--O~ Date 1 '-';ff I 1-;-:S,.7 you are hereby summonsed /F•~ ·2 nt to appear before: 2- o'cloc~. No Operators License Chauffeurs Improper □ 193, Code of Virginia. I hereby (Defendant's D Signature Failure to comply with this summons constitutes a separ,ine offense. ADDRESS .CITY MPH LICENSE SUSPENDED □ This abstract Is filed by the Judge or the Clerk of the Court having Jurlsdi • of this case as required hy Section 46:414 of the Code of Vuginia of 1950;' - YES MPH PERIOD 'gJ NO SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Following too closely Did not yield right of way Failed to signal tum or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �APA-104 JP-lOOM-4-56 OFFIC!AL RECEIPT FOR CASH DEPOSIT WITH Offl'm'\rOF IN LIEU OF RECOGNIZANCE SURETY 59981 J usrice of the Peace L ��9, ,-, 92 - REV. B 990415 DEPARTMENT OF STATE POLICE 7-t --■• Date-'·_,._;-:....._,.,,_, ---"-/,-=o1/--~6 ....•...,,.7.___ County or Clty__,_-_·~r::~~'~-~'---~--~---------- / (:1/11 :, A t I Trial Juatlce,.-;"----'-'---'-----~--~=---· to answer for 'riolatlng the Motor Vehicle L ~/ I hereby proml■e /: I. You are hereby summonsed to appear of Virginia, to wit: Reckless Driving ',,t / before: -4,.. o'clock..::_.__M. No Operators Llcen■e □ Chauffeurs .I Summons required under Title 46---Section 193, Code of Vlrglnla. to appear at the time and place _1peclfied aboTe Signature D xceeding Speed limit I' t Failure to comply with this summons constitutes a ABSTRACT OF CONVICTION OF WITHIN NAMED DEFENDANT ADDRESS CITY • ~ /' / / - .,;, ; at •---~~=-'----=~--nn .. ·• ,,, l . I.(; / • ., ' . --"'--'----=---'---~-'-~-'-~--'--"--'--'----,,.c._;'-'-~~-"'----~----------D Improper (Defendant'• 1 .JURl&OlCTION, STATE COUNTY, CITY I PLEA OR TOWN CONVICTED NAME ■epar.crte offense. OF COURT OF DATE t---.---,r----'-----'----,--~--------+ccc/JA=-c-=lc='/~--i~□ =--G_u_1L_TccY_O=·=-=::..~::..~c:L..:.T..:.Y-'---------------+--------I STATE PENALTY I IMPOSED ✓ TAKEN OvEs IF DEFENDANT ING- CONVICTED OF SPEED-- SIGNATURE SPEED TRAVELED SPEED OF .JUDGE OR CLERK LICENSE I TITLE SUSPENDED □ YES 0No ZONE MPH MPH IF CONVICTED OF CARELESS ANO RECKLESS DRIVING OR SPEEDING- This abstract Ill filed by tbe Judge or the Clerk of tbe Court bavlng Jurisdiction of thla case as required by Section 48,414 of tbe Code of Virginia of 1950. APPEAL PERIOD □ I NO DATE SUSPENDED �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Following too closely Did not yield right of °way Foiled to signal tum or stop Improper passing Disregarded stop sign Operating wrong side of road-not overtaking �- Comp. Form 18-A ST A TE OF VIRGINIA ~ OF Ha_r_r_is_o_n_b_ur_g _______ _ I No ______ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: E.E. Kiser Whereas, --'----------------------------------- John G. Leake has this day made complaint and information on oath before me, ------------------- (Tide) (Name) City Justice of The Peace ___________________ of the said lblmty, tha._ _____________ _ Ro kingh c am in tk!C6Dl County Irvin William Linebaugh ,____________________________ 14th did on the vehicle day of September on and ever a public manner, involving an accident, , 19-2!._: Unlawfully operat.e a mot.er highway in Rockingham County in a careless against the peace and dignity of the and reckl.ess Commonwealth of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham County Court of tDad County, the Lody (iraat:m;) of the above accused, to answer the said complaint and to be further dealt with according to Jaw. And you are also directed to summon: _________________ color ____ Address --------------- □ _________________ color ____ Address --------------- □ _________________ color ____ Address ------------□ _________________ color ____ Address --------------- □ __________________ color ____ Address --------------- □ as witnesses. Given under my hand and seal, thi""__ ]h_t.h __ day "17'2 / September ~~'-~--=~~-----JUSTICE ofl'rllklssffl').'l1r' > , 19 57 (&~) �STATE OF VIRGINIA--COUN1Y OF --------------------, to-wit: a Judge of the County Court in and for the County aforesaid, State of Virginia, do certify Justice of the Peace I, that as his suret and--------------------------~ have this day each acknowledged themselves indebted Dollars to the Commonwealth of Virginia in the sum of --------------------------------------( $________ ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to be rendered, yet upon this condition: That the said---------------------, Circuit County shall appear before the Court County, on the ________ day of ----------------, 19__ 1 of ----------------------at ______ M., at ------------------, Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain i~ full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon further condition that the said ____________________ shall keep the peace and be of good behavior for a period from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this ________ 0--------------WIYS 19__ day of -----------------, Judge. J.P. Ir 2;; f ~ ~&t < !" p.. .,, ___.._ 5· n ~ rl e. <. 5/\ ~~ ,., "· ... ... ' 2" ~f. '[ ("') ,., 0 £ n ,., 0 E. ("') Sl &t 0 en 3 3 ell 5· e!.. Er ~ r:: 9 3 0 ::, t\ l ~ s a ....... ~ .,, .. .. ..8'... 0 "' ~ ;; ::, Oo ~ ("') ;. ~ --- ~ l n I > ... ... ~ ... .. E,., t:D ;::: ..g... ~ ::, n n ~ g. ; - 0 n ~::, .. ... .. p.. '< a. ~ - < ::;· ~ 8 ~ ~ ~ ~ ... €. 5· ::, __;· ji' Oo er ~ 0 p.. 9 p.. ... p.. z ~ ~ p.. ::, 0 i n p.. s § ~ ... a ::, n ..... :i-:: ,., t'1 ("') @ ri r:: ::, ~ ::, ~ ( ("') > ~ 5' i .,, 5· ~~ a~ g ~ ;. n '< ;i n ("') 0 ,., ~ en en go. r:: ;:; [ 0 ::, r:: ell 0 ::, :;J ;;· Er n s· Oo ~- sa ("') 0 "' a C ::: ~n... 0 n <.,.. , ~ ..... \0 l ..... ... ("') nn 0 C Oo ::, 9 np.. 0 ::, ;:;· �TRIAL JUSTICE COURT Criminal Docket N<! 24689 Com'th V. ~&JL: Defendant ,, ~a.W r,.S • " Appearance Date ~ ,l'-J CJ --t o/---..r7 u'""' Trial Date t- k In/, Jr;- P.IY)' ,o/3, /JJ- ,-Pm. A �j ✓ �/2 ~ »-- ~ ~ Docket No. 3JU /j a/~--~ COMMONWEALTH fy-~~ ,d--~~ of VIRGINIA ~'?<-- ~~~ ) ) ) vs. Misdr. (appeal) IRVIN WILLIAMLINEBURGH Henry C. Clark =--"'-'~O-::;wn~~(x~):.!..fil~Ap;__p~oi:--nt-ed-(:----)---- 1957 November l)"~;a~. 14. -,. /". p. d. Docketed. tJ ~- (/"V j)~~, /· CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co., Phila., Pa. � 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/. Title A name given to the resource Commonwealth v Irvin William Lineburger Subject The topic of the resource Automobile Accident Description An account of the resource Defendant charged with cause of an automobile accident. Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1957 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_015 Lineburger