29 20 4487 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_013_commonwealth-v-james-taylor-jr.pdf 4c2445e0476b5732e0ec63fe7ad6e4c6 PDF Text Text COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM,to-wit: In the Circuit Court of Rockingham The Grand Jurors Taylor, of the said Jr., Harrisonburg, deliberately against on"the open court upon their oath present feloniously, and unlawfully and dignity did kill Term, 1959. 1959, in and for the Circuit that James W. in the City willfully, maliciously, and murder one Calvin of Hill, of the Commonwealth of Virginia. of Julius Ri~e, C. S. Leake and Officer and sent now attending 4th day of October, -f1pon the evid,<ce Harry Holly, of Rockingham, County, Virginia, the peace October of the Connnonwealth of Virginia, the body of the County Court County, to the Grand Jury Woodrow Johnson: Joseph, to give witnesses evidence. sworn in �COMMONWEALTH v. JAMES W. TAYLOR, JR. murder TRUE BILL Charles E. Earman, Jr. Commonwealth' s Attorney �COMMONWEALTH OF VIRGINIA IN THE CIR CUIr GOURT FOR THE COUNTY OF ROCKINGHAM COMMONWEALTH v. BILL OF PARTICUIARS JAM.ES TAYLO, J Q Comes now the Earman, Jr., and for in the criminal Taylor, Jr., That 10:30 ttorney the proceeding states Restaurant, P. M., at near the Commonwealth, Commonwealth's the City of Harrisonburg, murdered one Calvin of October or near the front (Pete) Virginia, Hill of Unca Lou's and Community Street the said by shooting ammunition Taylor him three from a .25 calibre Commonwealth I s \JOV 6 1959 James 4, 1959, at approximately pistol. Filed in the Clerk'sOffice RockinghamCounty,Va. E. of particulars of Commonwealth against Ea.st Wolfe Street in the body with ball bill Charles as follows: on the evening o'clock, for in shot and times automatic �:,.r,.~ , �Commonwealth v. Taylor ---I INSTRUCTION The Court aegree instructs the is miy willful, of ope human being being by another deliberate being second with degree malice by nnother without the killing but without ) passion engendered or brought tr> ) ;tMII cation or in mutual combat. in the about killing of one human being willful, / is theAkilling malice, in the first malice. is /ll manslaughter murder and premeditated with and premeditated. Voluntary that deliberate by another Murder in the Jury of one human heat of sudden by reasonable provo- ~ fiO·t 51 15 Bi b;.)]iefat V6 Iii lkC, ti 8 II 1 $.i$11;£li 1 ijt'l.:, 8.t ,-Ci!ii*,@J!W i I., JtS tJ fC. t da,T z 1!:Y)a:yiiiOllS.f p ..J;, ztg e_ •. ; .fij!j i i!i91Q)j1,i@f ! • f *KG, iif,Mk#eJ at , 2iOcti1i.i t ta, ,.. ... ��COM}ONWEA LTH v. JAMES T.t YLOR, JR. INSTRUCTION V The Court "malicious either but of murder, express every action evil flowing· and deliberately sonable the word "malice in a technical It includes and unjustifiable attended indication bent not just from any deliberate provocation Malice and hatred :Malie e denotes motive, an done with an as carry of social means a wrong act or excuse. duty done It may be inferred act done without rea- or excuse. The Court further instructs that have existed malice only anger regardless and cruel or It may be such circunIBtances of a heart cause 11 and used in the sense, motive. with on harm. without time and it killing that from any wicked and corrupt in them the plain sary is used mind and purpose, or implied jury to the law of homicide or implied. unlawful intentionally the as applied 11 , definition instructs shall may first come into or at any previous time. the jury for existence that it is not neces- any particular at the time length of the of ��Commonwealth v. Taylor INSTRUCTION The Court in Virginia degree. first instructs is presumed In order degree, and in order ation find the the every offense the burden that, to murder in the Commonwealth; of murder. or to is on the accused~ if upon a consider- you have a reasonable or not homicide second to manslaughter instructed was done with malice guilty unlawful in the is on the offense or excuse, the aridence, the defendant that of proof you are further of all the killing to elevate to reduce jury in law to be murder the burden show a justification However, the doubt whether you should not ��Commonwealth v. Taylor INSTRUCTION The Court to instructs be innocent this of presumption the trial. every the the By his charged with the plea of the and that the which he accused "not allegation Commonwealth jury crime follows essential crime the of burden the accused's so imposed every accused every guilt is charged, indictment of proving the is throughout guilty" the accused beyond presumed and, that stage of has denied and has put element of every upon the reasonable doubt. This burden, as shift but remains throughout under no requirement if, after doubt of of such This the doubt accused's and part of fendant the full You are the find the further accused you must pleasure benefit the of such the not The accused his innocence, entertain give does is and, a reasonable him the benefit guilty. but instructed committed you innocence law of trial. establish evidence him not of Commonwealth, entire or guilt, by you at binding that the presumption disregarded the to prove considering on the land, is not it is and a mere form an essential you must to be and give the de- presumption. that while crime with you may be suspicious which he is charged, �', �this is feel that not guilty, guilt must reasonable can not sufficient he is but probably to warrant be proved theory to convict nor it sufficient guilty or more likely the conviction of so clearly consistent is that with the there guilty this upon you than accused, remains evidence if not his one which he be innocento ~~~~~ h~-~~•i's:CffJf~ tt4,;,y ~W' bit~ ��COMMONlvEA LTH v. JANES TAYLOR, JR. INSTRUCTION In considering burden of proving doubt, the Court whether the guilt instructs the word "reasonable" doubt or possible must be proved possible guilty jury jury that you should meaning. not overlook doubt is a on reason, and is not to be confused with doubt, the law does not say that a man for beyond every A reasonable imaginable, inferences evidence upon the sufficiency must limit at the trial find the beyond reasonable conceivable or doubto In passing the of the accused nor its which is founded imaginable or not the Commonwealth has met its its of this consideration case, to the including inferences the from lack material presented and reasonable cannot go beyond such nor can you go beyond such evidence jury should of evidence, proof fact charge, to of guilt. Furthermore, questionable doubt, The jury of the evidence the natural to be drawn therefrom. to create arising of the proof bear from conflicting of any particular essential and not a mere doubt in mind that fact, to the proof concerning testimony should of the guilt immaterial any doubt or from be a doubt of a of the accused and nonessential cir- cumstances. If, the after evidence, prevent then If, conviction left cnnsideration in such a state a convinced belief the Commonwealth has failed on the other consideration and honest your minds are you from reaching accused, beyond a reasonable of all hand, the evidence of the truth ;;!°;;?doubt, after of all of of doubt as to ·of the guilt to meet its of the burden. an impartial and reasonable in the case, you have an abiding of the charge, you are then satisfied ��Commonwealth v. Taylor C INSTRUCTION The Court in the first prove, only instructs degree the any reasonable beyond incited desperate to the a willful, deliberate, defendant; in must intended to do; be death. willed, he must that bodily And if do him some serious first degree. you at ought must but such also the what the probable injury to find which on the kill would him guilty and have part killing been of the he willed the deand deliberated deceased, doubt to was not must and result be a reasonable bodily the reflected kill prisoner killing of distinctly by malice, act time murder and the deceased and premeditated not that understood have constitute clearly the the he would there to premeditated injury deliberated him death, of and words that doubt, distinctly and premeditated some serious evidence of heart; other have jury killing wickedness fendant the or do him of which whether the would he had deceased probably of murder or occasion in the ��COMMONWEALTH v. J MES T YLOR, JR. • 1 INSTKUC'l'ION The Court deliberate the the and premeditated intention of time prior such intention time at instructs to kill should to the actual should jury that killing, to constitute it exist for killing; it have come into the time of such killing, a willful, is not necessary any paticular is that length only necessary existence for the first or at any time previously. that ��cm lONWEALTH v. J MESTYLOR, JR. x_ INST UCTION The Court deliberation like instructs or premeditation any other fact, or by a combination stances inference and conditions therefrom, of such deliberation inf erred. the by either of both; jury that in a case by the prisoner direct may be proved or circumstantial and if facts, are proven surrounding which warrant beyond a reasonable or premeditation, of homicide, doubt, then evidence circum- and justify of the an existence the same may be so �I �cm iONWEALTH v. JA~!ES T YLOR, JR. INSTRUCTION The Court the evidence did any act instructs in this the case or that that there ground conjunction with James Taylor, there for execution, killing was excusable although it under and the and there the accused the said to kill of carrying may have turned were deceptive, to kill then, they or Hill on him great danger mediate that designed or to inflict was imminent Hill, if as to afford believing others, that these others, about the accused area- Hill, him, or he in the said bodily harm, and such design into circumstances, out afterwards was no design from brought jury must acquit or to do him great believe with were circumstances by them of such a character sonable jury 9 that the the accused, the appearances on the part personal im- of Hill injury. ��COMMONWEALTH v. JAMES TAYLOR, JR. /t) INSTRUCTION The Court to be caused the plea instructs defense, upon the prisoner; upon the right ful of self doubt Commomvealth as well The Court can rely purpose by Hill circumstances ter as to afford bodily defense was a design into there immediate that /c of ■ :t 1,n not of the in the law- whether that before for all the the prisoner indicative attack. or not consider must be some present peril or of a present The act so done, or must have been of such a characreasonable on the part harm and that such design jury existing, the prisoner relying weight should the a~rehen thus jury the accused. to make the AM rests in the minds of the for circumstances upon such defense, in the case, there in the attending the there tells relies or not he acted the proved such defense And, in determining as that further upon self something as to whether and circuinstances is upon an accused of raising has been established, of the evidence of proving is to establish extent of such right. such defense and the prisoner nor eve;n by the greater to the a reasonable where a homicide resting defense doubt, but ... exercise that the burden the burden beyond reasonable jury jury by the use of a firearm of self evidence, the of Hill existed execution. grounds for believing to do him some serious imminent danger of carrying ��Commonwealth v. Taylor II INSTRUCTION The court danger, if consider he and could time; in is entitled as they that victim. any, the accused instructs to which jury the accused was they reasonably circumstances draw such reasonably other may not that conclusion the be tried reasonably as have words, to may or the have from drawn, situated Court instructs and appeared in passing judged existed exposed, those in the you will appeared to circumstances as he was you by facts to him, upon and not the mind that and as the the accused circumstances by any of at the the intent z]JegBd- ��Commonwealth Taylor INSTRUCTION The Court doubt as to the guilty,~ find grade you him guilty reasonable first in instructs doubt as or the degree the second whether slaughter, he is you of shall of the degree. guilty should the jury offense resolve If he find to is degree, in him guilty should second doubt as to whether you must resolve doubt in favor him. favor, if find of and you have doubt degree he be guilty the accused in the him guilty of manslaughter, a reasonable may be of murder reasonable the prisoner in his guilty you have that the a reasonable illustrate you you have of murder you have doubt grade; to whether if of which that lower second that as to or manand at if all, and acquit ��CONMONWFALTH v. J MES TYLOR, JR. INSTRUCTION The Court nesses instructs is a question the exclusively pearance of the witnesses tifying, the reasonableness their apparent or lack candor of intelligence, the parties, if any, of the trial, cumstances termine relative ingly. ,~hich witnesses weight that for the credibility the on the stand, jury. their and consistency and fairness, their the interest manner apparent of the witness the other jury are more worthy of any such testimony of testestimony, intelligence of the witnesses and from all on the trial, of wit- From the ap- of their the relationship if any appear, appearing jury --- to in the result surrounding has the right of credit and to give cirto de- and what is the credit accord- ��filOMMONWFALTH v. J MES TYLOR, JR. The Court of a felony but the fact in passing instructs shall INST UCTION / d- the a previous not render of such conviction upon the credibility jury that a witness incompetent may be considered of his testimony. conviction to testify, by the jury ��cm IONl LTH v. JAMES TAYLO ;j INSTRUCTION The Court question take of the into jury that in determining the or innocence of the accused, you may consideration the flight of the prisoner after of the crime, the other in the the guilt commission all instructs case. facts if the same is proven, and circumstances introduced alnng the with in evidence �,. �CQl.OiONWEALTH v. J., MES TAYLOR INSTH.UCTION The Court intend sary that instructs the jury that which le does or which is consequences of his act. a man is taken the immediate to or neces- �t �cm,n. ONWEA.LTH v. J MES T YLOP INSTRUCTION_!_]_ The Court deadly instructs U f gave to the decaased to have been willful, necessity rests P n that ve.--Y .r/ I j J.+ a mortal upon the accused to remove or rebut if the prisoner, taken into f' rel YO CtJt.-1-,." such presumption, degree. J with a possession, 11.-.. 1- ~,, 'J' ?rOVICR is presumed and the to shm.,i extenuating circumstances, in the first his IN, and premeditated, circum- and unless he or such circumstances -from the case made by the Commonwealth, of murder 4'r wound 'Ii such killing deliberate shmv"s such extenuating appear jury weapon which he had previously If stances the he is guilty +1 tin ' �'. �COM}fONWEALTH v. J 1ES TYLOR The Court criminal in this jurors, after case, should it is his tain is different convictions of the jurors of fairness and candor it tions, consideration can be done without agree upon a verdict. all with to the to mem- the evi- his fellow doubt as to the guilt of the guilt his of the accused, the rest are further of the own convictions or as to the of the jury as to the guilt with respect if any individual consultation to discuss a convic- with respect duly considered because is the duty if with duty not to surrender simply of a a concurrence before true a reasonable The jury careful true lilcewise and after as to the degree. give of guilt this having or innocence of guilt, upon the trial law contemplates or as to the degree as to the guilt degree that Therefore, entertain of the accused, accused, but of the crime. of the jury, dence the Not only is of the accused, the degree ber jury minds in the conclusion can be had. guilt the case by a jury of twelve tion instructs enter- or innocence instructed the evidence that or it in a spirit each other, and with open minds to to the views of their fellows, sacrifice of conscientious and, convic- �(' �ON AN INDICTMENT (HOMICIDE) This day came the accused, James Wesley Taylor, Sheriff of this writs said twenty wealth came in the custody facias and defendant from exception; counsel and the accused heretofore persons and found was handed of the appointed, summoned by the twenty Whereupon a list persons the Commonwealth and the from persons And of venire by the Court for County and by his Donald D. Litten. under attorney Sheriff were examined duly qualified containing the names of to the attorney who each alter and free for the ately struck remaining twelve, Common- therefrom I the names of four persons who were selected as aforesaid who were sworn to well make between and a true dence. court and truly rander On motion case evidence defendant, of the Court pf counsel; during the attorney serve with only to ,others; slight it will because the murderer slight"; the accused jury Common- the written the argument of the having all attorney occurred: the Commonw~~l~hn~~marked that James Wesley ~ • Wct.>ld be punished~so that his punishment "as a detriment deemed necessary the by the received argument that room of the was offered heard evi- the should go free law and the was ordered and having the opening at the bar from the Commonwealth the following for Taylor it and deliverance ~ to the the jury instructions for and t according namely the jury and the person by excluded And after and the try of the accused, in this trial. wealth to constitute the eommonwealth verdict witnesses and the punishment, whenever be committed will know that having and to declare and if he is allowed a murder is in Rockingham County his moved the a mistrial~~ to punishment will be Court to discharge ~ ◄ t♦ "-' such argument was �./ �August Mr. James w. y or, Jr. State Penitentiary Richmond, Virginia 31, 1960 #77038 Dear Sir: Your letter of Augu t 29, 1960, h s been r ceived. disregard the request made for the original petition t1oned therein. The same 1s on file in this office, will be submitted at the proper time to the Supreme Court of Appeals. Please ennd Yours very truly, Margie Bowers, ARting Clerk �€,0 seae!q • v!e~e eed ead -ne notj!jeq Isnlgl'Io erlj brt , ol'l'lo lrld .aJ: ! . -,:t 910.[ ~ • ee s't .'lJ 13.a ln·q eja~a .sln,la'I.t V , ao mo.t£ ,OoeI ,es~ '101 r13uA 1o ~ejj £ ~uoY ebam jaevpa'l erlj b'Ioge~alb .J:.t'l no a.t e e41q118 rl3 o.t e .t::t rraqO'Iq eMB a erlT erl.t ::t.0 • .ctle'Ierl;:t beno l.:t b ;:t;t.i:n•dJJa ed .Lflw • .C.e eqqA 'lo .t'Y.UOO �500 Spring street Richmond 19, Virginia August 29, 1960 Circuit court of Rockingham county Harrisonburg, Virginia v. Dear Miss Bower: your letter 2th Whereas of rt appears corpus w. K. to Mr. that was denied have not receive the mail was received that it for the 'Writ of Habeas the "original etition and it is shown here Therefore, notaries date, b ecause ing that you will copy", which a full on the record of however the Order it as you have requested. is impossible for However, I do have I am no~, typing up, and will get it to you in a you a re aware that it will not bear the original Id id not have my copy notarized. explain you can obtain did not enter was for- petition". on the 11th day of August 19600 I am sure that is the counsel the petition on the of same to meo institution a copy of the petition, again a co this me to submit the ''Original few days, that was received on August 11, 1960, and when a cxa>pyof the order sent incomin sup•t., he has submitted you contended warded to me, you also h Cunningham, Jr., the matter to the supreme court copy from the Attorney General Therefore of I am hop- ppeals. Office, And whereas he for the Respondento you also stated, that the petition was denied on the 11th of August 1960. In that case there have been another error maded. If the petition was denied on the 11th of August, "How could it be entered on record on the 9th of August 1960. In other words, you are saying that the petition was entered on record denj ed, before it was heard? And in regard to the petition solely, such petition was suppose to become a part of the Court records, at lest until the perj od of appealing has expired, .And see, "Rules of supreme court of Appeals, ta:, Rule 1:10; 2:22; I 5 (a); and I 6 (a). Therefore according thereto, if such petition was sent hack to me, such Office is acting contrary to law and the Rules of the supreme court of Appeals of Virgini~. I am also sending a letter to the u. So postmaster General, at Richmond, trying to locate such mail. T would like very much to have an answer to the questions aboue. Thanking in advance.for an early reply, and your affableness extended to this matter. I remain, �AFTER 5 OAYS 500 SPRING RICHMOND RETURN TO STREET 19, VIRGINIA V p.. Miss M. Bower, Acting Clerk Circuit court of Rockingham county Harrisonburg, Virginia Attention please ��February Mr. John W. Tay or, Jr. 500 Spring Street Richmond 19, Virginia 18, 1960 77038 Dear Sir: The ti e allowed you for appeal was within sixty (60) days from the time you were sentenced, that bing November 20, 19;i'9, which wa the date of final judgment. The fact that execution of entence was suspended for thirty (30) days does not give you ninety (90) days to appeal but only allow• ed you to stay here in jail for thirty d y. The sixty days aving your letter as notice way it is. expired last month, I can not accept of appeal. Sorry--but that is the Yours very truly, J. JRS:mb Robert witzer, Clerk �. 'IO r tn... . ·l .ado :t '!dB n.t .a .s.t.al 'Il V (>J: n . 'I, . 'It 00 . o 1..fl 'I a b (Oo} • j le alddlw aa laeqqa ,O d, ol nl d j rl1 .beonej.ae c 'I01 'I edT -y; b wor.!e s l;t ml:;;t adj mo'I,. w uo .t .to 1 tlr.r1 ~II . bLJt ! nl:"1 'io e j eb edj b ( Ot.) -y; 'Ilrl.t "te>'i f,ef>neqeJ:J .aw 009u ;x - o.r.r.s .Cao :Sud .[ eqq o;t -y;.ab (O(>) ~:t a.tn uoi "{B • • b -y;j'Ilrl3 q 02 dj ~on l d ~ I ,djno dud-•o j 'I01 I!at r b 'I!qx .Lseqq o nl: 0: ~ ilO.t.dw B rl t I e 'lo nol.tuoexe J. v.t j- o.t olv d o!doa d!'!I: Bfit �February Mr. John f. Taylor, Jr. 500 Spring Street Richmond 19, Virginia 18, 1960 77038 Dear Sir: The time allowed you for appeal was within sixty (60) from the time you were sentenced, that bing November 19j9, which w the date of final judgment. Th fact execution of entence was suspended for thirty ( 30) d does not give you ninety (90) days to appeal but only ed you to stay here in jail for thirty d y. The sixty days aving your letter as notice way 1t is. expired lat of appeal. month, I can not accept Sorry--but that is the Yours very J. JRS:mb days 20, that ays allow- Robert truly, witzer, Clerk �O l'l f.J c:! .fJ:L . 'IO' .8 J '!d' lttl: cxlV : ,b qq.e Is ld' erlT e.t ,tj j .dol o n l , .Ju 'I LJ b (0~ 'IO .U so I .ton l ~ ~.Lu'It tt b .ls jil CI t .tq o 1 d l CI "WOY d : 8fit �AnER 500 II DAYS RETURN SPRING RICHMOND TO STREET 19, VIRGINIA ___ ... .__ The Clerk of Court Circuit Court Rockin~ham CountY. Harrieonburg,Virginia ��500 Spring Street Richmond 19, Virginia February 16, 1960 The Clerk Of Court Circuit Court Rockingham County Dear r1Ir. Switzer: Or the and sentenceu sentence 20t:h dav of November, to twenty was suspen'Jed of judgment December I arr, asking judgment. error, the etc., statutory letter tion" years by this is time limit letter, that the necessary Petition of Appeal. and if it can and will final date from t:bis asc:ignments of anneal Tam asking I will send the of before that "formal this peti- has been completed. you, I remain, yours, . rnaylor, adTiee Court of the an apneal anneal, notjce Accordingly, Respectfully Would you pleaee rrakinf! the for J file Thanking P.s. ~xecution I be allowed that ex~ires. as Notice as soon as it of 30 days, in this 1959. fjnished and it J was convicted in the penitentiary. a period 20th, I have not be accepted just for 1959, me if be ~.ccepted this letter as such. ,Tr. , 77038 ie sufficient notice of a eal �VIRGINIA .GENERAL STATE INFORMATION PENITENTIARY FOR FAMILIES . OF PRISONERS MAIL Inmates are allowed to write only one letter each week, postage being paid by the State. They may write to members of their families or friends whom they knew before coming to prison. They cannot correspond with prisoners in other institutions, or relatives of other pris_QJJersat the Virginia State Penitentiary, or persons they have never met, except lawyers and religious advisors. They are not allowed to have stamps, which should not be sent to the institution. Permission is granted for special letters for busmess or urgent reasons. Letters are written for inmates who cannot write. All communications to inmates should be addressed to 500 Spring Street, Richmond, Virginia WITH THE L TMATE'S NUMBER 01. THE LOWER LEFT CORNER OF THE ENVELOPE. Name and address of sender should also be on the envelope. The institution cannot be responsible for cash sent to prisoners through the mail. Money should be sent in by Post Office Money Order, Registered Letter, Express Money Order or Certified Personal Check. All money sent to an inmate iti credited to his account and he may order whatever he desires from the prison commissary at regular intervals, not to exceed the value of $20.00 per month. All out going and incoming mail is censored. PACKAGES Inmates may receive snapshots and photographs without frames, candy, home cooked food. Wearing apparel is also permitted, such as sweaters (must be solid color brown, not two-toned), socks, shoes, underwear, handkerchiefs, and paj.imas. No other clothing is allowed. No canned goods, toothpaste or shaving cream, talcum powder, or any articles consisting of powders or in tubes, are permitted; no medicine, drugs, or liquids; .no dried fruits and no fresh ones except apples; and no packages of any •hat cannot be readily censored. No tobacco in any form. kind Quantities of items permitted should be hel down to a reasona Jie amount. ~ I Watches, musical instruments, and portable typewriters are allowed by special permission, but must be registered on arrival and may not be transferred from one inmate to another. VISITS Members of the inmate's immediate family may visit him twice monthly. Visits must be two weeks apart and between the hours of 9 :00 a.m. and 11 :30 a.m. and from 12 :30 p.m. to 4 :00 p.m., Sundays and Holidays only. Inmates may be seen for business reasons any date provided advance permission has been obtained from the authorities. No inmate may receive a visit from anyone until he has spent 30 days in the institution. NOTE: On and after March 14, 1959, visits will also be permitted on Saturdays. Same hours as Sundays and Holidays will apply. �August 24, 1960 Mr. W. K. Cunningham, Jr. Superintendent State Penitentiary Richmond, Virginia Re: Jame W. Taylor, Jr. v• . K. Cunningham, Jr., 77038 Sup't Dear Sir: The petition for a writ of habeas corpus received some time ago from the above na ed Penitentiary prison r w s denied on August 11, 1960, and 'When a copy of the court order was forwarded to the prisoner for his information, the original petition was inadvertently returned to him. The prisoner has now filed objections to the order with notice of his intention to appeal, with request that the record in the matter be prepared. Of course, no record beyond the order itself can be made, unless the original petition is returned to this office where it should be permanently on file. Will you please procure from the prisoner such petition same to this office at your arliest convenience? and forward If the original is not available, possibly the prisoner could provide a true copy. We are not interested in the other document which accompanied the petition, representing the prisoner's brief or memorandum of argument on the subject which was also returned with the petition itself. Thanking you for your attention to this, I am Your a v er:, truly, Margie mb Bowers, Acting Clerk �0 l 'I t IJ alruusO . s .r I n.! o �Au ust ~3, 196 .r. eno . l rp Ill A slr~en~ lttJrney GenerEl Rl~h ond, V r inia Re: Ja1es v. W. W. Taylor , Jr., unningha Sup't, etc. You letter ddres sed to t e cnor" b e Ge r e W. Ke.'lper, C er';: f th s Ccurt, was rece .ved. dr .. (_e per hrs n t yet qua ified but will probably o so Septe1ber first. i fuwever, I e 1 n losing hererith a r py of the order :.!.ssing the n.tt for h,.beas corpus. dis- Afte • t~.i nrde 17bS enti::>red, e pe~.:. tion an' c py cf th 0rde ....Ts returnee to tne prisoner, Je .es W. Taylor, < t t.~, Stcte Penitenticry, ·t t1~e ~uggection of Juq::,e Heas. D· you h ve ~opy f tne P ~1 ion and are you ·ble to .fu.:!:l.ish t.i.i office witn sa e'? I shrll rppreciete your reply in 8 ·rd t s h copy. Yo rs ve y truly, 1:.b Enc. 1. ��O. GARDINER FRANCIS A. S. HARRISON, RENO JR. ATTORNEY MOSES KENNETH C. FRANK PATTY FtRST D. MCILWAINE, S. HARP, MANDLEY GENERAL HAROLD ASSISTANT OFFICE OF THE ATTORNEY WILLIAM RAY JOHNSTON PARKER EM MEASON, V. KELLY P. BEAN BAGWELL.JR. ASSISTANTS RICHMOND August 22, 1960 Honorable George W. Kemper, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Re: James W. Taylor v. W. K. Cunningham, Jr., Superintendent, Dear Mr. Kemper: This office is advised that the aboveentitled matter was dismissed by the Judge of the Circuit Court of Rockingham County on August 9, 1960. It would be appreciated if you would furnish me with a copy of that order. ely I RSH/h no . H , III ssistant Attorney General ill Ill HARRIS V J. COLEMAN GENERAL TYLER C. LEE ROBERT etc JR. �+ �COMMONWFJ LTH Vo J MES TYLOR, JR. ClL R.GE TO JURY If you find indictment, thought the accused and that was willful, find him guilty of murder punishment at death, life, or for ment, but and that that you Nill his it him guilty him guilty nor of murder heat, find him guilty provocation, of voluntary at confinement years with malice his for in the indictaforethought, and premeditated, in the second then degree, and fix for not less in the first degree, but actual that he killed or implied, or in mutual manslaughter in the penitentiary nor more than five as charged of murder degree, aforethought, on reasonable and fix you years. him not guilty malice afore- yearso in the penitentiary twenty in the second degree twenty deliberate in the and premeditated, in the penitentiary of murder, of murder nor more than without than at confinement If you find Hill or by confinement was not willful, find as charged with malice in the first the same was committed punishment than five deliberate any term not less If you find of murder, the murder was committed it will and that guilty for upon sudden combat, and fix not less Calvin his than you will punishment one year o him not cruilty nor of murder but find i the ughter, him gu say so in the and less than by a fine one more th years, for or, n not n by .___ jail not exceeding If you find o e y r, or by both him not guilty, such fine and impAisonment. you 1-lill say so and no more. ��11/20/59. Commonwealth v. On an indict]Jtent James W. Taylor, the accused, sheriff of this county Jr., and by his and the jury of the court, and proceeded the accused, by counsel, serve should only slight be committed evidence of the court will thereupon Jr., dictment, guilty and fix to set aside (1) Because support said verdict it. (2) Because to ask certain cause We, the jury, at twenty Thereupon, find the accused, of the jury is contrary the Court on the voir completed the following the defend2.nt, as charged dire James W. in the in- in the penitentiary. by counsel, on the following moved the grounds: to the l&w and is without erred the a verdict, and returned years it will know that to consider court with to which action and having jury retired into will would in refusing examination evidence to to allow the defendant of the jury. (3) Be- the Court erred monwealth. in his questions to go free overruled, excepted; the his punishment the verdict punishment and not based upon any of murder in the second degree Thomas Leap, foreman." court his the murderer the court by counsel "November 20th 1959. Taylor, so that was inflammatory some time they came again verdict: the of counsel, a murder is deemed necessary which motion the accused, received with the argument and if he is allowed whenever be slight" of counsel, and zfter And having severely to others, in the case, argument and sworn for the trial in Rockingham County because his punishment appointed, to declare a mistrial bein his open:Lng argument for the connnonweal th/that "James attorney punishment, of the moved the court be punished as a detriment the commonwealth, heretofore impanelled instructions :the Temark_:~xthe for counsel to adjournment. Wesley Taylor (murder) came in the custody came pursuant cause case the attorney James W. Taylor, Donald D. Litten; of this felony Jr. This day came again ua charging in granting certain instructions tendered by the Comthe (4) Because xx:bi remarks of the attorney for the Commonwealth opening argument were inflammatory and constituted grounds for ��mistrial, and the Court motion, in refusing to grant the motion On such other grounds to declare a mistrial. (5) be assigned in writing. And the Court of accused may later erred to which action excepted. It of the court then being inquired the accused, should on him and nothing or alleged it is therefore recover considered of the this prosecution, this state offered said James W. Taylor, and that for accordance with jail he can be delivered until tiary, tiary house of this awaiting trial. sentence of On motion is hereby in order to allow Appeals of Virginia court, the costs for at hard labor of in therein jail to be held Peniten- and penitenand kept by law for of s_aid Taylor to is im- the term to be sub- time he nas been he4-d in jail suspended if he be so advised. to of the State of the accused, a writ incident to an officer days, him opportunity thereof, in the penitentiary in the manner directed 4l sentence And he is remanded The term of imprisonment to a credit he jury. comr.1onwealth, and treated aforesaid. this Jr., (20) years of the anything the commonwealth to be removed and convey~d to the public prisoned ject the verdict in delay that he be confined the term of twenty if not pronounce by the court said by counsel, of the accused had or knew to say why the court being overruled as for a period to apply of error by counsel, of thirty to the execution '(30) days Supreme Court to the judgment of this of of ��.0 0 T 6 .5 L: 6,--, /;....,0 ...., (.J .__ L 6 .t, 8 6 .'.i2 6 SG 7 .l 0 6 /,8 6 .'' 0 5 .7 0 6 .:: 8 -; .l 0 81.~8 T 6 .5 lJ. 7 .: 0 6 .'; 0 D .2 2 5 .s2 6 .: 2 6 .~ S 5 .S 8 2C 5 .71 0 u 2 -1 ,.,., 'i - .~ ..,J ,";'.C0T ...,, ./.,. ! ��.Ju]y Mr. ,I. Robert Sw:itzer, Circuit 25, 196o CJerk Court of Rockingham County Harrisonburg, Virginia In receipt 25th. of the record lihich I requested And therewith same is one (1) I was infromed the cost for dollar. Enclosed herewith amount of one ($1.00) wi tnessess that July you will find a check for the for the record in regard to the summoned • much for me on such earl our affableness extended date I remain ours / JWT we James w. Taylor, #77038 �VIRGINIA GENERAL STATE INFORMATION PENITENTIARY FOR FAMILIES OF PRISONERS MAIL Inmates are allowed to write only one letter each week, postage being paid by the State. They may write to members of their families or friends whom they knew before coming to prison-. They cannot correspond with prisoners in other institutions, or relatives of other prisoners at the Virginia State Penitentiary, or persons they have never met, except lawyers ahd religious advisors. They are not allowed to have stamps, which should not be sent to the institution. Permission is granted for special letters for business or urgent reasons. Letters are written for inmates who cannot write. All communications to inmates should be addressed to 500 Spring Street, Richmond, Virginia WITH THE INMATE'S NUMBER ON THE LOWER LEFT CORNER OF THE ENVELOPE. Name and address of sender should also be on the envelope. The institution cannot be responsible for cash sent to prisoners through the mail. Money should be sent in by Post Office Money Order, Registered Letter, Express Money Order or Certified Personal Check. All money sent to an inmate is credited to his account and he may order whatever he desires from the prison commissary at regular intervals, not to exceed the value of $20.00 per month. All out going and incoming mail is censored. PACKAGES Inmates may receive snapshots and photographs without frames, candy, home cooked food. Wearing apparel is also permitted, such as sweaters ( must be solid color brown, pot two-toned), socks, shoes, underwear, handkerchiefs, and pajamas. No other clothing is allowed. No canned goods, toothpaste or shaving cream, talcum powder, or any articles consisting of powders or in tubes, are permitted; no medicine, drugs, or liquids; no dried fruits and no fresh ones except apples; and no packages of any kind that cannot be readily censored. No tobacco in any form. Quantities of items permitted should be held down to a reasonable amount. Watches, musical instruments, and portable typewriters are allowed by special permission, but must be registered on arrival and may not be transferred from one inmate to another. VISITS Members of the inmate's immediate family may visit him twice monthly. Visits must be two weeks apart and between the hours of 9 :00 a.~. and 11 :30 a.m. and from ~2 :30 p.m. to 4 p.m., Sundays and Holidays only. Inmates may be seen for busmess reasons any date provided advance perm1ss10n has been obtained from the authorities. No inmate may receive a visit from anyone until he has spent 30 days in the institution. :09 NOTE: On and after March 14, 1959, visits will also be permitted on Saturdays. Same hours as Sundays and Holidays will apply. �DIVISION OF CORRECTIONS THE PENITENTIARY 500 SPRING STREET RICHMOND 19, VIRGINIA DEPARTMENT OF WELFARE AND INSTITUTIONS August 25, 1960 Mrs. Margie Bowers, Deputy Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Dear Madam: In response to your letter of August 24th I have contacted James w. Taylor, Jr., our #77038, in regard to the petition to which you refer. Taylor says that no copy of the petition was returned to him, and we have given him a special letter to write you concerning the matter. Very truly yours, /)JJ W. K. Cunningham, Superintendent 'WKCjr/vh ��AFTERS DAYS RETURN TO 500 SPRING STREET RICHMOND 19. VIRGINIA Mrs. Margie Bowers, Deputy Clerk Circuit Court of Rockingham County Harrisonburg, Virginia �r, �I �~ ~~~Z~--~ ~ ~------~_ In my ba, , -·- ~/ .tP ~.....~ ...~..... fo~ ~~. o5?, /'f' ..... __... L....... • not ~~~---·- -"" S.R.C _ DEPUTYSHERIFF -·~~~··-~L?_~,~ ··---.!::f.::_£.:.c ........... ~....................... - �- ~=========================================== In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon F.:r.~.E3fi J:Iq:l.:l.y (:E::f.:f'_.1,ri,g~;r. ...S.:t~.u.Shi.J:..,~li~~~f3.9"1:l. Fs ....······- ---···........J!J.i....F.131-1.n.1-.~ ...$ 9.9J.t;; ...;B.q9. :t.:i.El ...:M..~.cl4~.l'l: ...( ~f f:i ~g ElJ'...S.t;.~J.;.................. . kn /'..5 - .E.a,aj. :ty ..l."19. .s.l?Y ...~.Q~.~9.P:, ....G..~.9:v.~r. ...G.lµ":r.Y ...<.B..r..1.d.ge.l:l~t;.~.r..l _;_ ...~J:?,.~.~,. I /) .f t2/ f J..-~""6- J:rr~~.t;t; ... f.s· !-,~E:! .. JI.~P:J:'Y ... .4.,P1'-~,;.._,t. L ~.ti.~.~:r.~ to appear before the Judge ·;, the Defendant . . ... . . .. . . . . .. . . . . .. in the prosecution . . . . . . . . . . ... . . . . . . . . •· ............ .( .Jc.E3.l.J S. Y ... :t..~.). ; .... :B.9 l:> l:>y ... 4.~.~ .. J:l)~r.P.El.rJ 4 .. :e.aw.~4~-.~ ......................... . '71f ' ...................................................... .. u'~ of the Ci1 :uit Cou;t ,if Rockin~ham o'clock, a. m., on the~9.~l'.l:<lay of .. . .. ..J~lso 05 Cou11ty, at 1he Court House thereof, 1'1: ...()Y..6.IllP.~.:r..... .... .. . , 1959.., to testify and the tmth of the Commonwealth ~ ~~ ~ ... W ...... 'I'FJ,Yi e>.r.., against .. at 9:30 to say in behalf of ........................................................................................ . .J'.:r .•., ...•·.................................................. •·...................................... . who stands charged with and indicted for a felony ~. In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., at the Court House thereof, this, the :l,Q:t;.l;I, day of.. ......N.ove.:mbe.r., .., ............ , 19.5.9, and in the 184th ....year of the Commonwealth. ��DESCRIPTION OF PRISONER Last known address Color_~---i,-'-1/ __ Marks __ Age _ Height1-______,_,::::...=:..____J/_ Eyes_;....=~=-- Hair_.:....;/-:.:...._;: __ 1,,,---=--H=~=c....:_----'-~~~-----'-===.:....:::::...--:!:~~-------------- ____,_]J,,__.,.7'--/ Date of Trial Result 1 -~/~t)----'-~--'&'--'-=Ct...,_.,.,_:1.....,~r-=14c..L=dc....,....""--L.AX-=-..,_ ___.,__--,:..--------------- l 1..--/ 1- 1'-1) ------------------------------------ - ~7 _ ��Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: to appear bef~e The Coun~ ----+/_5_day of Court of said County, /..1 c: , 19~, sitting at Harrisonburg, at the hour of Virginia, L (//A__ .111 said County, on of that day to give evidence m behalf of (' ______l --t/:_ m the pending case of -'Q..."""'~==''---~~-c==-----,----------------- LJl v ~a (£ven "T;;,L under my ha:~cr=..,_s___ & i'__ _,__/_o ___ day of Clerk ~~ 6-56-SM-Garrison �The County Court ____ _j_Jocket No. ,J () J-6 / C~,~ zH ( V. ( Witness Subpoena ( • I c}=,Q tJ, !7tL J-./ 1 �Comp. Form 18 lf STATE OF VIRGINIA ~ OF Harrisonburg -Cit,y - - No _____ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: J_._F_._Ri._' t_c_h_i_e ___________________ Whereas, ___________ _ John G. Leake has this day made complaint and information on oath before me, -----,--,------------------- Justice of 'Bhe Peace (Name) City of the said Gcmciiy,tha'-----------------c--c-- (Title) James W. Taylor, Jr. _______________________________________ 4th did on the.____ kill ~day 59 October of_______________ and murder Calvin Hill, aga:inst City in the said ®xl:mcy , 19__ and feloniously, : Unlawfully _________ the peace and dignity of the _ Commonwealth of Virgi.nia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham County Court of ~ County, the body (1:Jrlldia) 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 ----------------LJ color Address _________ color Address --------------- □ color Address __________ color Address--------------- □ _ _ --□ ---□ as witnesses. 4 Given under my hand and seal, this,_____th day (Seal) �STATE OF VIRGINIA-COUNTY OF -----------------------~ a I •• ------------------- to-wit: Judge of the County Court Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that and --------------------------, to the Commonwealth ($ ________ as his suret _____ of Virginia themselves indebted Dollars in the sum of ------------------·------------------- to be made and levied of their respective goods and chattels, ), , have this day each acknowledged be rendered, yet upon this condition: That the said _________ lands, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court .__________ County County, on the _________ of 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 -,--------------------shall keep the peace and be of good behavior for a period of -----------~YS from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this day of ,19 ___ ~., ~ ~ (i 0 ~ "' E. ~ \t '' ' , ~ .. ~- ~ ~ ., (") U) 0 E. ::s :l: a a0 ~ (i 0 ~ "' '41 8. ~ { n ::r ~ ~ ::s s· ::s a a0 i:: "' E. ;. llQ ::s 5· > ... 0 .., ::s ~ s "' "' ,. "' § ... ::s "' "' "' ~ "' ::s ~ '71 -r, Ill .., t l ~~ ;:..., ;,;- "' "' r;:.Ill llQ ;,,c .., .., "' ~ -"' .... ::r, ::, 0. 0 ~ t-3 ~ ~ 9 ~ '71 0 > ~ ~ ., > t" z Li;! Ill ~ m Ul >-3 ::c ... '° l:'J 0 "1 c.... 'i • I~ 8. ~ ~ .... ~ ~ i:: 0. .., .., C. Ill .., "' '< ;'!. "O Ill Ill 8. "' ::s ::s E. 0. to '< Ill .., 8. 0. 0 < :;· < :;· Oq Oq 5' 0 I» 5· 'O 'O ,. .. _;· F' ~ I» !! ... ,. ,.0-. :i,. ::r ,. O' ffl ., [ 0 ~ 0 ti.I ~ ti.I go. i:: .. 0 g p ::s ~ ;. "' ;:;.· }-..:. ~ t.,. d ' t--> t (.,, ~ r 5· OQ ~"' -..- ,...,.,... 0 i:: - ~ s,. "' ,. "' () i F Ill 0 I I~ 0. "' "' '< z '< ::s (') ,. ~en z., ~ 0 0. Ill ~ 0 \ ~ "' Ill llQ 0 ~ ~ 2: ::s • ., ::1"' >c....> ;. "' "' >4 Ill t:, 0 ~ :i. ~ • .;;· "' ;. n, • ~ ~ 0. "' ::r 0. ... .tl f ~- !" "' ;. ~ ::s ~ < s. n 'O (') 0 !! ~ ffl a "' Ille a5· !+ Ci\> m X n "' ;. t s1~ "'. Judge. J.P. ~-- ~ 0 () 0 i:: ::s ~ n 0 OQ ::s ;;;· ,. 0. �7-la (Rev. REPORT 12-31-56) -1C_ - of the LABORATORY--"- FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D. C. Charles E. Eal'filan, Jr. Coromonwealth 1 s Attorney Rockingham County Harrisonburg, Virginia October Mr. To: 15, 1959 This examination has been made with the understanding that the evidence ls connected with an official lnvesllgation of a criminal matter and that t~e Laboratory report will be used for official purposes only, related to the investigation or a subsequent criminal prosecution. Authorization cannot be granted for the use of the Laboratory report in connection with a civil proceeding. Re: JAMES rl. TAYLOR,JR., SUSPECT; CALVIUHILL., VICTIM; -IURDER FBI FILE LAB. Examination requested by: Reference: Examination requested: NO. PC-58711 IJ NO. Addressee Letter 10/6/59; personally delivered Mr. Gifford Joseph on 10/8/59 Firearms by Specimens: Three Three white White - Q3 Q).:.- Q6 Ql 7 ~ bullets cartridge shirt T shirt cases 6.35 mm (caliber .25 Auto) Beretta No. 62295A Kl automatic pistol, Serial Results of examination: been fired The bullets, from Kl. as having The three cartridge been fired in Kl. Ql through Q.3, were identified cases, QJ+through as having 6, were all identified Microscopic examination and chemical processing of the areas surrounding the two holes in Q7 and the three holes in Q8 revealed a pattern of gunpowder residues about the hole in the central chest area of Q7 and on the exposed area of the T shirt, Q8, closest to this hole in 7. This pattern of gunpowder residues is consistent Page 1 Continued on next page �,J l �with that produced at a muzzle-to-target approximately twelve inches. about distance No gunpowder residues were located the remaining holes in Q7 or Q8. separate Ritchie, or or developed The evidence, listed above, is being returned under cover by registered mail to Chief of Police Julius F. Harrisonburg, Virginia. Page 2 PC-58711 IJ �...: ~ " v -' - .' J• . .. . r u ie'l t u V ( w " .., ._, "l ... ..... �VIRGINIA STATE DETACH PENITENTIARY ITEM NUMBER 77038 DESCRIPTION BEFORE OF CASHING PAYMENT J. U. Taylor ITEMIZATION OF CHECK N<.> AMOUNT PER ITEM 49138 TOTAL 1.00 THIS CHECK MUST BE CASHED AT ONCE ��RICHMOND f9, VIRGINIA soc: OFFICIAL BUSINESS P-17 IN Hiss Margie Bowers Circuit Court, of Bocld.ngbam Count7 Harrisonburg., Virginia. �VIRGINIA GENERAL STATE INFORMATION PENITENTIARY FOR FAMILIES OF PRISONERS MAIL Inmates are allowed to write only one letter each week, postage being paid by the State. They may write to members of their families cir friends whom tbey knew before coming to pri,son. They cannot correspond with prisoners in other institutions, or relatives ot other prisoners at the Virginia State Penitentiary, or persons they have never met, except lawyers and religious advisors. They are .not. allowed to have stamps, which should not be sent to the institution. Permission is granted for special fetters for business or urgent reasons. Letters are written for inmates who cannot write. All communications to inmates should be addressed to 500 Spring Street, Richmond, Virginia WITH THE INMATE'S NUMBER ON THE LOWER LEFT CORNER OF THE ENVELOPE. Name and address of sender should also be on tl}e envelope. The iastitution cannot be responsible for cash sent to prisoners through the mail. Money should be· sent in by Post Office Money Order, Registered Letter, Express Money Order or Certifie& Personal Check. All money sent to an inmate is credited to his account and he may order whatever he desires from the prison comfl'!issary at regular intervals, not to exceed "the value of $20.00 ·per month. All out going and incoming mail is censored. PACKAGES ~ C . ' . Inmates may receive snapshots and photographs without frames, candy, home cooked food. Wearing apparel is also permitted, -such as sweaters ( must be solid color brown, not two-toned), socks, . shoes, underwear, handkerchiefs, and pajamas. No other clothing is allowed. No canned goods, toothpaste or shaving cream, talcum powder, or any articles consisting of powders or in tubes, are permitted; no medicine, drugs, or liquids; .no dried fruits and no fresh ones except apples; and no packages of any kind that cannot be readily censored. No tobacco in any form. Quantities of items permitted should be held down to a reasonable amount. Watches, musical instrumeots, and portable type'?,'titers are alJowed J:>yspecial permission, but must be rt:gistered on arrival and may not be transferred from one inmate tb another. • • • • VISITS Members of the inm, t's immediate family may visit him twice monthly. Visits must he two weeks apart and between the hours of 9 :0C m. and 11 :30 a.m. and from 12 :30 p.m. to 4 :00 p.m., Sundays and Holidays only. Inmates may be seen for 1ness reasons any date provided advance permission has been obtained from the authorities. No inmate 11:ay receive a visit from anyone until he has spent 30 days in the institution. NOTE: On and after March 14, 1959, visits will also be permitted on Saturdays. Same hours as Sundays and Holidays will apply. �500 spring street Richmond 19, Virginia Au ust 2 1 0 JTnited state postmaster post Office General Richmond, Virginia near Sir· The acting clerk, Miss Margie Bowers, of Rockingham county, an norder" from the aforesaid a npetition in full". of August 1960. rt so that grant court to Mr. and I would like the full this matter is awaiting w. K• Cunningham, Jr., thereof) of the incoming mail does enter". will you please check respective. your earlies have in my possession post marked the 11th very much for you to come over, detail, my reply that to me along with or any parts or docketment of Rockingham county, of Virginia, I also the "Order" the record court has contended was forward is of the most important, I may render Circuit that such "petition matter; please court (But not the petition, This petition this Virginia, I received is said here not show that into Harrisonburg, for the Circuit attandance, whereas and the supreme court to matters a letter supt., the of Appeals of importance. from the said informing Clerk, that such petition attandance, and affable- was sent. Thanking extended you in advance to me in this matter. for earliest I remain, Respectfully yours, James q. Taylor, -#.7703S �POD Form 1510 Original-Part I ADDRESSEE: Please state in the delivered to you and SELF-ADDRESSED response will help to POST OFFICE DEPARTMENT Post Office at -----------------------------------------------Date -------------------------------------------spaces below whether the article described on Part II has been then return both parts of this form in the enclosed OFFICIAL ENVELOPE WHICH REQUIRES NO POSTAGE. Your improve the postal service. POSTMASTER. ( ) REFUSED. REPLY OF ADDRESSEE (Check one): My records show that the article was: ( ) NOT RECEIVED. ( ) RECEIVED. If any contents missing, list them: -----------------------------------------------------------------Value of missing articles, $-------------------- --------------------------------------(Date of reply) (Signature of addressee or agent) 16-23385-12 POD Form 1510-Original-Part II Date--------------------------------------------INQUIRY FOR THE LOSS OR RIFLING OF MAIL MATTER Registered No. ___________________ _ ( ) Special Delivery Certified No. ______________________ _ ( ) Special Handling ( ) Letter ( ) Parcel Insured No. --------------------------------- ( (Insert "Unnumbered" if l0t fee) ) Air Mail ( ) Ordinary C. 0. D. No. ------------------ Charges, $--------------Envelope: ( ) Long. ( ) Short. ( ) Business reply (Postage to be paid by addressee.) Complaint ______________ Date mailed --------------------------------------------------------------(Loss or rifling) (Mo.) Mailed at (Date) (Yr.) (Hr.) (Day of week) (Oity and State) ----- Where deposited ---------------------------------------------------------------------------------------(Main office, station, branch, or location of collection box) Contents ( describe fully) and value ---------------------------------------------------------------- Sender: Addressee: (Name) (Name) (St. or P. 0. Box or Rural Route No.) (St. or P. 0. Box or Rural Route No.) (Oity) (Zone) (State) (Oity) (Zone) (State) 16-23385-12 -------~----------------------------------------------------POD Form 1510-Original-Part III POSTMASTER, OFFICE OF ADDRESS: Date --------------------------------Please show disposition of the above-described article. -----------------------------------------------------·-----(Postmaster at mailing office) REPLY: Date ---------------------------------, 19______Has addressee received article? --------------· (Yes or No) (If delivered, show date; if no record, so state-------------------------------------------------; If delivered to firm, state accepting employee's name _________________________________________ ; If If If If not intact, what was missing?--------------------------------------------------------------------; C. 0. D., give money order No. ----------------------------• date--------------------• 19______ ) undelivered and on hand, state reason--------------------------------------------------------reeeived but not delivered and not on hand, state disposition---------------------------- 1~-;3385-13 151O POD FORM APR, 1959 (Postmaster at address office) - �SENDER: ( ) Investigation has disclosed that the article described on the other side, part II, was received by the addressee. ( ) Investigation of your inquiry concerning the { ~!;~ecl} mailed by you on ------------------------------------------, 19______ , addressed to ------------------------------------- --------------------------------------------------------------------------------did not locate the article. ·The matter has been referred to a postal inspector for consideration, and you will be advised, without making further inquiry, in the event the article is later located or responsibility for the loss is established. If the loss or rifling of registered, insured, or C. 0. D. mail is involved and indemnity is claimed, please present this notice with the mailing receipt and evidence of value (such as receipted bills, etc.) at the post office or nearest postal station. POSTMASTER. GPO 16-23385-13 (Please see reverse side) FORUSEOF POSTAL SERVICE ONLYIN CASESOF LOSTORRIFLED UN• REGISTERED LETTERS ANDALLLOSTORRIFLED REGISTERED ANDCERTIFIED MAIL The article described on the reverse of this form, if mailed at the time and place stated by the sender, was dispatched at .----------------------- on _____________ _ (Hour) (Date) to --------------------------------------------------------------------------------------------------------- in (Name and No. of R. P. 0. or 0. P. train, or H.P. O.; name of star route; air mail flight No., etc.) package of letters bearing facing slip reading --------------------------------------------------(Name of offioo, R. P. 0., etc.) and in pouch labeled to -------------------------------------------------------------------------------(Name of office, R. P. 0., etc.) or, IF REGIS TERED, in ------------------------------------------------------------------------------ (Jacket or rotary locked pouch, AND No.; iron locked pouch, hand piece, etc.) receipted for by -----------------------------------------------------------------------------------------(Name and title of person who receipted !or dispatch) (The following spaces must be filled in at city delivery offices only.) The letter was due to be collected by -------------------------------------------------------------(Name of employee) and deposited at --------------------------------- on -------•------------------------- at _____________ _ (Name of office or station) (Date) (Hour) U dispatched from a station to main office, show time ---------------------------------------- If for local delivery, show name of delivering employee------------------------------------81'0 16-23385-11 (Initials of clerk) SENDER: ( ) Investigation has disclosed that the article described on the other side, part II, was received by the addressee. { letter } ( ) Investigation of your inquiry concerning the parcel mailed by you on ---------------------------------------, 19______ , addressed to -----------------------------------------did not -locate the article. The matter has -be-en-refe-rreii"-t~--;;-postal inspec~:r for consideration, and you will be advised, without making further inquiry, in the event the article is later located or responsibility for the loss is established. ( See note below.) If the loss or rifling of an unnumbered insured parcel is involved and indemnity is claimed, please present this notice with the mailing rceeipt and evidence of value (such as receipted bills, etc.) at the post office or nearest postal station. POSTMASTER. NoTE.-lnsure parcels, indemnity up to $200. Register valuable and important mail, indemnity up to $10,000. Purchase postal money orders as a safe, cheap, and convenient method of mailing remittances. All reports by the public of loss, rifling, delay, or damage of mail are of the greatest value to the Post Office Department in locating and correcting faults in the postal service. 16-23385-13 �POD Form 1510-Duplicate INSTRUCTIONS 1. This form must be used only for reports of LOSS OR RIFLING. 2. Part II must be submitted to your Inspector in Charge in DUPLICATE if delivery cannot be established. 3. Dispatch particulars certified mail. must be shown for ALL LETTERS and all registeretl and 4. Be sure to make CLEAR COPIES-Use :possible. good carbon. Use typewriter whenever (SEE PART 314, POSTAL MANUAL) 16-23385-11 GPO POD Form 1510-Duplicate Date ---······--···-------··-----··········-·-··INQUIRY FOR THE LOSS OR RIFLING OF MAIL MATTER ( ( Registered No ............................. . ( ) Special Delivery Certified No.········-~~~ .......... . ( ,) Special Handling Insured No. -·························--·-· ( ) Air Mail ) Letter ) Parcel (Insert "Unnumbered" if 10¢ fee) ( ) Ordinary Envelope: ( ) Long. C. 0. D. No. ·············----Charges, $----··--------( ) Short. ( ) Business reply (Postage to be paid Complaint ............... Date mailed .............................................................. (Loss or rifling) (Mo.) (Date) (Yr.) (Hr.) by addressee.) (Day of week) Mailed at .................................................................................................. . . (City and State) Where deposited -······················································································ (Main office, station, branch, or location of collection box) Contents (describe fully) and value·····························-·······, ...................... -------------------------------Fold here) Sender: • , .. Addressee: • (N~e) • " • (St. or P. O. Box or Rural Route No.) •(City) (Zone) (State) •• " • (Name) ··-- (St. or P. O. Box or Rural Route No.) (City) (Zone) (State) • •••• 16--1!3385· 12 POD Form 1510 mailed to addressee or postmaster at office of address................................... Date ....................... . Referred to city or mailing section for trace.................. Date ....................... . Complainant advised of no loss or rifling_..................... Date ....................... . Form 1518 sent to complainant.................................... Date ....................... . GPO 16-28386-·ll (If delivered, show date; if no record, so state ................................................. If delivered to firm, state accepting employee's name .......................................... If not intact, what was missing? .................................................................... If C. O. D., give money order No ............................. , date .................... , 19...... If undelivered and on hand, state reason ........................................................ If reeeived but not delivered and not on hand, state disposition ........................... ---------------------------------------------------------------------------------------------------------------1;::.:_;;;85·13 151Q PODFORM APR, 1959 (Postmaster at address office) • •••• • ; ; ; ) . . �SENDER: ) Investigation has disclosed that the article described on the other side, part II, was received by the addressee. ( ) Investigation of your inquiry concerning the { i~~~~} mailed by you on ---------------------, 19______ , addressed to ------------------------------- ---------------------------------------·----------------·--------- FORUSEOF POSTAL SERVICE ONLYIN CASESOF LOSTORRIFLEDUN• REGISTERED LETTERS ANDALLLOSTORRIFLED REGISTERED ANDCERTIFIED MAIL The article described on the reverse of this form, if mailed at the time and place stated by the sender, was dispatched at ________________________ on _______________________ _ (Hour) (Date) to --------------------------------------------------------------------------------------------------------- in (N8Ille and No. of R. P. 0. or 0. P. train, or H.P. O.; name of star route; air mail flight No., etc.) package of letters bearing facing slip reading --------------------------------------------------(Name or office, R. P. O., etc.) and in pouch labeled to -------------------------------------------------------------------------------(Name of office, R. P. 0., etc.) or, IF REGIS TERED, in ------------------------------------------------------------------------------ (Jacket or rotary locked pouch, .AND No.; iron locked pouch, hand piece, etc.) receipted for by -----------------------------------------------------------------------------------------(Name and title of person who receipted for dispatch) (The following spaces must be filled in at city delivery offices only.) The letter was due to be collected by -------------------------------------------------------------(Name of employee) and deposited at --------------------------------- on --------------------------------- at _____________ _ (Name or office or station) (Date) (Hour) If dispatched from a station to main office, show time --------------------------------------- If for local delivery, show name of delivering employee -------------------------------------GPO 16--23385-11 ------------------------------------------------------------ (Initials or clerk) �TRACER-MISSING MAIL MATTER DATE r RETURNTO POSTOFFICE NAME Miss Margie Bowers SUBJECT ITEM ( i/) YES NO INITIAL Of SEARCHER HAS THIS PIECEBEEN RECEIVED? ANY TRACE IN GENERAL DELIVERY IN NEWSPAPERDELIVERY AT UNPAID DESK LOOSE IN THE MAILS RECORDADVERTISED IN HOTEL LETTERS IN PACKAGE RECORD IN SPECIALDELIVERY SENT TO DEAD LETTEROFFICE IN CARRIERS'CALL BOX NO RECORD MISDIRECTED INSUFFICIENTADDRESS UNADDRESSED HELD FOR POSTAGE OVERWEIGHT REFUSED RETURNEDTO SENDER UNMAILABLE REMARKS Kindly complete the attached form 1510 part two in duplicate on the mailing of this letter to the addresseeo Mail this form to your local post office for tracing. POD Form Feb. 1957 1511 GPO: 1957 O-F-418530 ��--~ �James w. Taylor, (- #77038 - ~~~ , (:~.---, THE PENITENTIARY \ D®[JXOOJ()X~OOX 500 Spring Street Richmond 19, Virginia circuit Clerk's Office court of Rockingham co. Harrisonburg, Virginia ~ - I Vj ,' ,; _ - • - = . •· - J -:- -'. US.POSTAGE\: . ~~== "~"...9 ., 12: :· �• �COUNTY COURT Criminal Docket N? 30261 Com'th V. I...w • Appearance Date /u .,.~ ~ - "17 Trial Date // - /:? - J1 A ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham to appear before the Judge bde1re-ttre-6rand-7m-y, against ..... J MES ...TAYLO.R ...................................................................................... . And this you shall not omit under penalty. CHARLES County, at the Court House thereof., at 9:30 November. ............, 19.59 , to testify and the truth to say in behalf of the who stands changed with and indicted for a felony Witness, Greeting: of the Circuit Court of Rockingham o'clock, a. m., on the ...l.9..tb. .. day.of. Commonwealth County, E. EARMAN, ffi~effletti'\~,.. - And have then and there this Writ. JR., Commonwealth's Attorney for Rocking,ham County and the City of �-iN .t?.:XECUTEDI/-/&-~ THE COUN'.fY01 ROC~INGHAM 5Y DELD.~3 ~GA TRUE ITH.J.J.'~~ l \ ROCKrnGIHHJI COUNTY (} ~ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You f;cby . . ·~ . ..... '. ·/--· commanded . County, Greeting: to summon .. ............... . . . . .. .... . ... at:,,.,= .. DR, JULLJ:,VL'.l'.i\.LllO'.I'... , , , ............................................................. ,..... ........................ . .. . .. . .. .. ..... .. . .... . ,,,~....W.O.ODROW .J.ORNSO.N., ...P.SJ..a.:~~Jd.Jrn ....S.tr.~~.t ................................................... . . V ..../ - .Y..... ..... ......V ................... HA.RRY ...HO.L.LY., ....l3.i.l.;I.i $ .. B..oY4. ..S.!19.P., ...Ed..9m ..R.P~d. .................................... . to appear before the Judge o'clock, a. m., on the Commonwealth of the Circuit l9.:t.h day Court of Rockingham of NO.Y~Ill1:>~r . ... be-i0Pe-t-flebf'~-J"l1ry, County, at the Court House thereof, at 9 :30 . .. , 19. E>,!:), to testify and the truth to say in behalf of the against ........JAMES...TAYLOR. .................................................................................... . who stands changed with and indicted for a felony mt!!'O€meant>!'.And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, And have then and there this W,rit. JR., Commonwealth's Attorney for Rocking,ham County and the City of Harrisonburg, Vinginia, at the Court House, the .2nd ...of .....Nov.ember .............. , 19.59 , and in the 1.8.4.thyea.r of the Commonwealth. �1 ot findi~~---······-···- ::ce ····-···········-·--·-··at his usu::i :~~:~==···b • :;t: d:z-==~ 1 g • .2.-~~-v_ .......... .!.._:A.~~~--···· .i•1 p~rso.1, 1 1.:;11c1 } '.' .. :ce r ·~ /_ ;J o .. ,W/~-::J:... • L ... r.i:y ab...,ve th.! a.~~ of • .,,..-,.,.-.,::..~ ,j.-. , /....,,,_.__ ......• ~. m-::n1b·. - , pur, rt th I} o her. ---------- -- .·- I , ,1.it v Sheriff. ..._ .... .....~.. /.A' ..Si..EUTE '/("'/~/ - V.;--~'.U ,,.,BE t•t Utfl. 'i - V. ROCKINGHAM BY.DELI C~P '1; I!~ ,. F THE ~~::::Z:~~--.:-- -----------------------·--- �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded ..... v/. County, ..,,..... Greeting: to summon . .y.CRI.EF ..RIT.CHI.E........................................................................................................................ . ........ V...... ,... ......... Y....OFFI.C.ER ...JOS.EPH...................................................................................................................... . ....L .................... Y......OFF.l.C.ER. ..C..•.... S......LEAKE .......................................................................................................... . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the ....19.th. day of .... Nov.em.b.er.... .... Commonwealth b@~@-#i-e-G1'1t1,-d-}t.M'y, against .J Witness, Harrisonburg, CHARLES E. EARMAN, thereof., at 9 :30 1ES ...T. .YLO~ ..................................................................................... . .... And have then and there this Writ. JR., Commonwealth's Vinginia, at the Court House, the. 2nd ...of of the Commonwealth. at the Court House , 19...5.9,to testify and the truth to say in behalf of the who stands chaFged with and indicted for a felony n.i~a.AO¥ And this you shall not omit under penalty. County, Attorney for Rocking,ham eU Nove;mber 1959 County and the City of and in the 184thyoo.r ~L~ Commonwealth's Attorney �.,-fIN THE COUNTY L, fWClrINGHAMBY DELI • NG A TRUE _.1,.i;;JU'i'Eu1/-/o'- co TO[.a~~~~~~::::.._ __ IN ~" ROCKl~JGHAM C U T A.L.STRAVJOEilN AN Si ~R~ff ROCKINGHAM COUNTY _ �In the Name of the Commonwealth You t of Virginia: To the Sheriff of Rockingham hmby commanded to summon .............. .............................. .........~THE.OD.ORE ..T ... County, ... .. .... . , ............ PLE, ...Bridg.e1iate.r. to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth 19.th. day of ... Novemb.er ~+l"M!-Gr-&H-d-~, And this you shall not omit under penalty. Harrisonburg, CHARLES E. EARMAN, , ... ,..... ......... . . ... .. . ...... . .......................................................................... . County, at the Court House thereof., at 9 :30 .... , 19. 59, to testify and the truth to say in behalf of the against ..... J. MES ...TA.YLOR. ..................................................................................... . who stands changed with and indicted for a felony Witness, Greeting: t'!ii-s~ftM. And have then and there this Writ. JR., Commonwealth's Attorney for Rockingiham County and the City of eU [ f Vinginia, at the Court House, the 2nd .. of .. N.ovembe.r. ............., 19 ..5.9, and in the 184th of the Commonwealth. .... Commonwealth's ~r~-7-r Attorney year �• OCK\NGHAM coUNi'1 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................................................ . ..... C ....................... ~ ..BEN...MYER.S., ....Harri.s ..onb.urg....................................................................................... .. v- ........................... V.....NDREW . ...CURRY .................................................................................................................. . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the ....l.9th. day of ....N.ov.embe.r ............., Commonwealth 19..59, County, at the Court House thereof., at 9:30 to testify and the truth to say in behalf of the D€ffl1"~t-h-e-Gt--tt-t+d-}-u,l'y-, against ..........JA :IES ...TAYLO ................................................................................... . who stands cha1:ged with and indicted for a felony tlt~~l'K)f'. And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, And have then and there this W-rit. JR., Commonwealth's Attorney for Rocking,ham County and the City of Harrisonburg, Vinginia, at the Court House, the ... ~11,<l,.of lfovem.b.er.......... of the Commonwealth. , 19.5.9;)71 in thel.84 th . .~.... £?~~ ... Commonwealth's Attorney �_,:.t;CU'.i'b~ .,Y:.77iN THE ROCKI.NGHAM BY DELI C8PY OF THE THI .,, '.[~~ IN ;, £, Executed 11/19/59, in the County of Rockingham by delivering a true copy of the within summons to ndrew Curry in person. U1TY #$~ Deputy Sheri or A. L. Strawderman, Sheriff R?;c~ •J.].gham_ County, Virginie , ···;··· --,~nrr-- - -- I ---.unr, /Lr/,'-'!;:.-;; B I~ 'f-;-,'ft~~~;,E.-J~~::::::::_S. /_cc-~- 1/ ___ 9EPUTYSHERI • d R.C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ....................... . .....q-rx.... f.......rr.cu.r.E ......................................................................................... •·... .....0.ff.J.GER...J.O.S.EPH. .............................. :................................................................................ . .........................................................0.f..f.J.CER ..C.•...S.•.... LEAKE............................................................................................ . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the ....19th. Commonwealth day of ...... Octobe.r a-!'!@-ii.dtet~ CHARLES E. EARMAN, .................................................................... . 4or a felon,i-mi.d.e.me~uu11·. And this you shall not omit under penalty. Harrisonburg, . ...... , 19..59, to testify and the truth to say in behalf of the before the Grand Jury, against .. JAMES . .W ....TAYLOR,. ...J who stands char,ged with Witness, County, at the Court House thereof., at 9 :30 And have then and there this Writ. JR., Commonwealth's Vinginia, at the Court House, the.6.t.h ... of Attorney for Rockingham ..October··········/ of the Commonwealth. .., / ..e~ / z County and the City of 5.9, a ...... '. ............ the 184th year �;;:::z;r.···O~- .. ·-......................... .1. rrnsoN. ~c/.--:. ..... ~~········ Y...~z~~···················---DEPUTY ........... S. R.C. S -IE FF ��,. ti· I /· .,. I �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................................................ . ~.~.f!.~ ........ .WO.ODR.OW ...J.OHNSON., ....5.3.1..Hawkins ....S.t..................................................................... . ........................ .......HARRY...HOLLY...{wo.r.ks ..B.il.1. 1.s ...Bo.dy ...Sh.op..,....Edom ..Roa.d) ....................... . .......... , ........................... , ............................................................ to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the :l..~Jh.. ... day of .... Oc:Jober , ................................................................. County, at the Court House thereof., at 9 :30 ....... ........ , 19 f>9., to testify and the truth to say in behalf of the 9' ,' ~~ Commonwealth before the Grand Jury, against .. :,,r· . • .. ..JAMES....W.....TAYLO,;,,··'-·•lN~ ............................................................... . ·························································································••,•·;···•·•································,··················································································· who stands changed with a.nd-419<iHGt.t!d....for a felony mw;Q~aQC. And this you shall not omit under penalty. Witness, CHARLES E. "'EARMAN, JR., Commonwealth's Attorney for Rocking,ham Co,unty and the City of Hanisonbucg, Vi,ginia, at the Couct House, the 6th. ..,.of •. .Oc.tober ......... . .. , of the Commonwealth. z And have then and there this Writ. t~ antl in the 18 ~:~ year �~ Not findl ~~A~:::;:_._at .... place of abode, E_?ute~-::' his. W, ________ Z __ :-___ ~-:;=--·--·--·-by L...... :.:!l..~ ...................... /~d.££L~ cory of~~ delivering a -'~~ in person, ./~A~~~~~-, usual pb.ce of ab his family abov2 th:.: age of 1: y......u:)?'~"'{ to her. laitling cing a member of he purport hereof 7£~~-&&C Deputy Sherif~-~~-~------.....,,..··-·· COUNTY vi GA TRUE ...... �VIRGINIA: ~ de .9f~ume <t1oad Monday ,;,,,the ct'~ of f!Jtdnwnd on James W. Taylor, o/dj,/tea/4 held d d~ !/'¥1<eme <t'«urlo/dffea/4 f!J«el,d,;,,? 10th day, o/ de October, Jr., 1960. Plaintiff in error, Defendant in error. against W. K. Cunningham, of the Jr., Superintendent State Penitentiary, Virginia From the It appearing James W. Taylor, to a judgment on August corpus Jr., 11, 1960, On mature for a writ General wherein of Rockingham court herein by the that his on August a petition Circuit for Court petition County 24, 1960, a writ of Rockingham for a writ of error County of habeas was dismissed. consideration of Virginia of error Court to the filed rendered ad subjiciendum Attorney Circuit file on or before whereof it is ordered a response to the November 21, 1960. A copy, Teste: Clerk said that the petition �1 '- ""r r V ...,L, \,. .. - 1 V Lv l -- L �PO~T OFFICE DEPARTMENT OFFICIALBUSINESS RETURN TO REGISTEREDNO. NAMEOFSENDER Circuit Court Rockingbaa POSTOFFICE Harr1aonbur STATE PODForm 3811 July 1955 Virginia "If U. 8. 80VUNIIDT P81NTIN9 OfflCI I I... ll0304-m, �DELIVERING EMPLOYEE 0 0 Deliver ONLY to addreaKe. (Doea not apply to C.rtiliad Show addrea■ where Received from the Postm Article, the number f hi mail.) delivered. ter the Registered, Certified, or Insured app on the face of this return receipt. 1. 2. -- ----------!....:-.;.•----------------- �Sep ..e:1ber d fr. up . furn-:;r,. rt Buil 1960 C1 .rk oui:t of A.. pet.ls ;~_up 13, of Vi .-.init. inp C Le: .::.:1es W. v .. eylo ~, J-r. V .. K. unnln n·i, Jr., St· t.~ Pen:!. ..,er..t-' ry Dot 1 I ,, :1 tyled Vi ·nia Sir: ~ .din proce3 Pl t se r ecoi 2.n' return Envel Sup't e. you l re;;~ t' td.rigin.:-1 -~ core n pu su~nt to 1 le 5 7. t o· s • ...e e.t t is to me in he en lor- bet, c:.nof t ie E. ... d ~~elf-r-1 1c"ireEse Ycur,.) e cy t. • ... 'HJ E:1cs. Received: ---~----;_/ __ .., .. , 1960. ---~=-~~~~!:::!:~-====--, Clerk. ove sed copy str y, t ped �J: . • !1 t :bevl:999fl �RECEIPT FORCERTIFIED MAIL-20¢ POSTMARK OR DATE en co co C) co STRECT AND NO. Supreme Court Building CIT'r' ANO STATE Richmond, Virginia r you ~lltttf. return □ lOt hcw:i h . .v11~,m :1nt1 );,hen .. rr.:C~.:pt, choc).. wh.i.:1; □ 45,t.$hOW.! to whorn wheri, at1d addu:~s "fuu~ dcJi.-ereU ll_Yi.)U .,trictt!d ' ddiv,u,:d FE.ES ADDITIONAL f'OD Form 381)0 Jul 1951 war1t u,-- de-Jc.-.. ery, check □ 50t fee TO Wt FEE SEE OTHERSIDE h~re �I. Stick posta"~ stamps to your article to pay: 20¢ certified mail fee Restricted delivery fee-50¢ (optiona[) First-class or airmail postage Special-delivery fee (optiona[) Either return receipt fee-10¢ or 35¢ (optiona[) 2. 1f you want this receipt postmarked, stick the gummed stub on the address side of the article, leaving the receipt attached,and present the article to a postal employee. 3. lf you do not want thi~ receipt postmarked, stick the gummed stub ,m the address side of the article, detach -and retain the receipt, ·and mail ·the article. 4. If you want a return receipt, write the certified-mailnumber and your name and address on a return receipt· card, POD Form 381J, ll,Jldattach it to the back of the article. Endorse front of article RETURN RECEIPT REQUESrED. •• • 5. If you want the article delivered only to the addressee, endorse it on the front DELIVER TO ADDRESSEE ONLY. Place the same endorsernent io fine 2 of the: return receipt card. 6. Save this receipt and present it-if you mak~ inquiry. * (j,-S. GOVERNMENT PRINTlNG OFFIC£ l 11157 16------71547-4 �&epte. -,.ber lJ, Mr. H -ward G. Tux·ner, 1960 Clark Sup re ,e Cot:r t of J:.,,,pec:ls <.,f Vi1'ginia Supre e ,~cu~·t Bui din_g fi ·- •"on· ··1.· Pa: l ;rr;i ;· Ja'1cs 1--1.Teylor, J~. v. W. K. Cunninghf.•1, Jr. , Sup' t Vi!' ginia S :: te Peni ';ent • c:~y ycu herewith pursurnt se.-tdinf the ·igin~cl y•ecord in to Hule 5 :rl .. str ed proce:.:ding Plec: se receipt r nc' return for 4:;o me in sa .e 't the t ..e er.:c-osed the bottanof er1.elo~ ed self-llc tr4e f,Jove 1dre.ssed copy st· mped Enn,lope; Yr-urs very truly, George b Encs. r. Ke, .pe .,, 81er:{ �• T I t ... �VIRGINIA: ~ de in Yi~Mme the <if'o/ of?lk:J/1,wndon CCoad Monday The petition to a judgment the 11th rendered wherein Cunningham, Jr., was defendant, the record being said is to affirm the 16th by the 1960, said Circuit having of the petitioner the said and refuse the judgment said January, for of Rockingham proceeding of the Virginia considered writ of the said circuit A copy, - therein and W. K. State Penitentiary, and a transcript is plainly of error, of error County on then seen and inspected, judgment the right, effect court. Teste: f!Atti/di,n? 1961. a writ was plaintiff aforesaid o/~rua/4 ~ttd Jr., Court b_een maturely judgment that y ~ze day of de in a certain Superintendent of opinion petition, the held al of James W. Taylor, day of August, depending, o/~~ea/6 of the court doth reject of which �... f r .., -, �I' VIRGINIA: m de ~ tk !/~ Ct7'o/ of~ James W. Taylor, <'ef{)(~of~~ Wednesday on <'efOl#tlof ~/4 kid at de ~- day,o/ April, 26th de Jr. , [}_J«~ 1961. Plaintiff in error, Defendant in error. against W. K. Cunningham, Jr., Superintendent, The following dated April order etc., of the Supreme Court 17, 1961, was received of the United and is recorded States, 1 as follows: SUPREMECOURTOF THE UNITED STATES No. 827 Misc., October James W. Taylor, Term, 1960 Jr., Petitioner, vs. W. K. Cunningham, Jr., Superintendent of Virginia State Penitentiary On petition for writ of Certiorari to the Supreme Court of Appeals of the Commonwealth of Virginia. On consideration to the Supreme Court ordered by this of the petition of Appeals Court that the of the said for a writ of certiorari Commonwealth of Virginia, petition be, A true 17, 1961 copy Test: JAMES R. BROWNING Clerk of the Supreme Court of the United States BY /s/ E. P. Cullinan Deputy A copy, It is and the same is hereby, denied. April herein Teste: Clerk �' t • . �tl Do~ z C7 t✓- t;-_ t No. 3t ef . 1959 iOCT COMMONWEALTH of VffiGINIA 1,-~.~- ~ ) VS. Indictment ~ ) Felony ) {murder) JAMESTAYLOR, JR. D~o~n~a~l~d--'D~. ~L=i~t=t=en=--------P· I / :ii; ·-· Own " ~ 0 Cl z " r 0 !!.. 0 10 'ti 10 c..a "(') -.J 00 1959 October ( ) ~ Appointed 19. Return d. ( ~ of Grand Jury. 10/225 Accused arraigned and plea n.g. Motion for bill of particulars granted. Motion of accused for employing court reporter denied and excep. thereto; case set for 9 ~ F trial_ ~-' ~ t Nov. 19. 10/c:Zeot' ~ it·l-:::r.~_rv: ~-. - -y(). ~ ~~ ~ J_ ~ • S dt:J ~ ~ (JL,.,I,-' I y Vo -4 C,,.O:::r-&.-:ittl-"t/ _ • tr 1/ / ~t1 / ',£- ,;z~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 James Taylor Jr 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 1959 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_013 Taylor https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_018_commonwealth-v-james-roy-syhamon.pdf 303272b9c55fb1825e5069313fcf7487 PDF Text Text COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand jurors of the Commonwealth of Virginia, the County of Rockingham, its October term, and now attending 1947, upon their or about the 7th dey of September, iouszy did kill am oaths the Circuit do present that 1947, in said County, sley one Ivan Whitmire, against in and for the bocy of Court of said County, at JAMES ROY SYNAM0N,on unlawfulzy and felon- the peace and dignity of the Commonv,ealth of Virginia. This Kiser, LAWRENCEH. HOOVER ATTORNEY AT LAW HARRISONBURG. VIRGINIA indictment fwitnesses is found upon the testimoey sworn in Court am sent before of A. F. Carroll fnd E. E. the grand jur,y to give evidence. �Invol. Indictment Mansla.u.&9-ter } OOMMONWEALTH v. -1 Bill: Term, 194?. .JAM.ES ROY SYNAMON e+ Felony: October A True y Foreman Kiser ✓ aia~ Witnesses: 1. E. E. H. Hoover 2. A. F. Carroll/ Lawrence Commonwealth's Attorna ��+ ,.__ ..... -++- --- -- 1 .. ���+ + �---- -----~- �++ J ��-r'- • ' 1 I - ·- 1, _;.,,.,,-- ' �• �In the Name of the Commonwealth of Virginia: to appear before the Judge tohfe.Lth···e~ ..C.~ ..i.r .. ati.Y;t Cfo·u···r··t ..o Rockingham Count.Y,.,.;Jlthe Court House thereof, at 9 :30 o'clock, a. m., on d~ ............:.................. 19.1..a.. to testif.Y and the truth to 0 ealth against................................................. . ··········································•·········· ~.~r-YL-,«;.-,z,r,1/l...,;J~ ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• who stands charged with and indicted for a felon_y,misdClikanor.And this _youshall not omit under penalt_yof £100. Witneu, J. ROBERT SWITZ~ da_y of • ~ Massanetta Paper Co. Print 19!£., Cle,t of'"' ond in And have then and there this Writ. ,.;J Coo,1,ot th, c.. ,, Hoo,e, th, ...~ ')dl':b;:,l~:. FORM NO. 5 Cle,! �,,x·,ruTE };,..£ ,., :::l" 1 . j. I ... I' • ,-J v II fI 1J ':3 ' I I• I I ~~§. . . G ....... b t t1 ~ ~ i ~ ~ ~ .. 0 ~ N- 0 V. •10 dl"' D - • Count'] /.,:, of Piie;e,Virginia on ,he------/~ f t.~ ;' . ~ /,;______ _ 19 ·-----· ~ o. of day o ·--- -----by det\vering a true • v the within process to) --:::__ _____ _::._,:____________ ~--------I • non m pe_ •/ /' - ., _,.._ I/ / ---------------··--~----------· / _..._...____ ,,,, ., ,' ___ ,_ _______ 7· I _/ ----- ---- �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereb)}commanded to summon....................................................................... -........................................................................ _ ·········································-·····················~~.· .....·'£~ ------••••••-••••••••••••••••••••••••••••-••••••••••••••••••••n••••••••••••••••••••••••••••••• .. ••••••••••••••••••••••••••••••-•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• :: ;~~~ar0.~;::~: :~e :.~d:: sa)} in behalf of the ........................................................... ···::·. :L.?..~?.~ ~;.~~.~~~.:... ~o;dt, eiendant in the .................................................~~.v 0 tht:s~f:ur~n~ot~s:tt:u~~o:~ osecution of the Co man-wealth against................................................ . ...f--4 ... '{,,,,-y/_'AL-~~--rv who stands charged with and indicted for a felon)} niisd.;,,.ca,11ff. And this )Jou shall not omit under penalt)} of £ 100. Witness, J. ROBERT SWITZER, £.fl Clerq of our said Court, at the Court House, the....... ~................19/1...8.:'and da)} of... And have then and there this Writ. in the ../../-Y...~ear of the Com111onwealth. ··•·······i11 ...... -··-__.--~·-············• C lerft Massanetta Paper Co. Print FORM NO. 5 ����hi u u �• �ot fl ndlng __/,~:£:.~=.-l.~~f4~J place of abode, Exfl L+ 0 d ...4-:.' ~~+- R'" ~opy of this -:- .,,:/~~,. •• In pr ~~ 0 on, usual place of abo<i ~f~A.,Yt\LYY\~ his awi abo e li~o I Yf-t~,, to her. tf.( ............by d juy ;;</.(!~~ ty\ d µ ~:,u rih" ~ b {fa,-' . mr Ing h II ,,-, •...-~ tm:JJHI , 1JH·pu th �~ I �- EXECUTED_,¥- 11-t~ THE coumrn ~ROCKINBBAM BY_ DELIVERING A TRUE COPY OF THE WITHIN_~ u~~- _-1~ TO ll..~-..!lld'Li::....k::::.£lo<IIL&..-"""-""---- - ~~~~ _____________ .:!:.,_ ______________________ -----++- ----+ _ �\ �Report of Witnesses for the Commonwealth Month Whose mileage and attendance of_~~--~ _____ 19_!f__J were not collected by the Trial Justice before the end of said month. ~6/)f; / I ' , ~() I , I 1;-0 ~I f) .,.-~ih~ u_ 1-, {!cJJ\-Aj~, -i 'f:~)\IJ,lC~ ~~U6'f--::.._ -- ?.,.JI JI 1.- U· 2. f~ Days ·Attendance Miles 1 Mileage yr,.._ • I '1-JJ~l;(A v V IV ,._ _L I , S-o I S-o - -- ./11- -hf/' \./ Total . ~~~~ rt ~ ~ - fJ CLJJj(LL Com. vs.'- I' I Fel. Pro. or Misd. WITNESSES , Tria~sJtice. (o11nr Date ~J s-1 ;;.,70 sy. ~-, zo J,~c 3,2.b 0,ye 3. 4. 5. . 6. Com. vs. 1. 2. 3. 4. 5. 6. All witnesses all necessary grand jury. ferriage summoned for the Commonwealth shall be entitled to receive for each day's attendance and tolls, and five cents per mile over five miles going and returning ( Sec. 3512) fifty cents, to place of trial or before ��PrisonersReportof Rockingham CountyJail Name_/~'""------ ____ _,_ .,,.,cfii"-v __ Date Bailed Out__<J!-~_l Male_ t._ _____ Date Arrested __ _ -:-::_J=_!/.7 __ _ _______Again Placed in Jail_ ______________________________ _ ____ Female _______ Age ______ Race__ ___ Single _______ Married __~_ Divorced ________ HomeAddress __________________________________________________________________________________ _ Place of Birth ________________________If Foreign Born ____Time in U. S. ______Years ______Months ______ Physical Condition ___________________________ ls Person a Drunkard?_ _______or Drug Victim?_ _______ Can Read?_ _ _t)L__Write?_ ~----- Occupatio~'-'-1)_ _ ©tfense Committeed}.Jl. _, ___ /._ ____ _ u~::..i1·1... City Ordinance ___________________________State ______________Held for Grand Jury __________________ Held for Trial ____________________________Sentence ___________ Years ____________Months_)_~ Fine ______________ Costs ______________ Time in Jail_ ___________ Held for Penitentiary ____ ~ Held as Insane _____________________________ Held for Other Authorities _____________________________ Behavior ______________________ ~ _____________________Date of Discharge ___________________________ _ DESCRIPTION OF PRISONER Height_ _____________ Weight_ _____________ Color of Eyes ______________ Color of Hair ______________ Teeth Marks _____________________________________Hand Marks ___________________________________ _ Arm Marks _____________________________________ Face Marks _____________________________________ _ Shoulder Marks _________________________________Back Marks _____________________________________ Thigh Marks ____________________________________Knee Marks _____________________________________ Calf of Leg Marks _______________________________Foot Marks------------------------------------Fingers Off _______________________________________Mole Marks _____________________________________ Neck Marks _____________________________________ Brest Marks ____________________________________ _ Left Arm Marks _________________________________ Right Arm Marks _________________________________ Left Leg Marks __________________________________ Right Leg Marks ________________________________ _ Fine After Prisoner at Jail; Amount to State$ ___________ Amount to City$ ____________ Date Reported ---- ----- - ---- -- ________________________Deputy and Jailor - - ------ - --- -- -- ---- ------ - --- -- ------ ~ , _t;:J ____________ Sheriff �'--------' �Commonwealth On an indictment vs. for a felony mans.) (inv. James Roy Synamon This day came the attorney for the commonwealth, the accused, James Roy Synamon, came in person recognizance and by his Hammer, Jr. And it entered a plea having for quested upon, of not guilty Kx±xi:Kxx the court, the consent case with the consent to hear of a jury, attorney heard and and the by a jury and determine and having court, and re- by the court, of the there- for the the case without a portion of the at ten o'clock. 1-r/ On an indictment vs. trial tom72rr w morning until ~ 'I Commonwealth term of the be heard A. James Roy SynaCTon of the court waived his adjourned the said at a former that proceeded intervention evidence, with to his S. P. Conrad and Charles that the commonwealth, commonwealth, the appearing now in person, attorney attorneys, pursuant and for a felony (inv. mans.) James Roy Synamon This day came again and the accused, recognizance Hammer, Jr. thereupon the Synamon, guilty, pursuant S. P. Conrad and Charles court and doth fix moved the the for said the court motion said overruled to his A. and the nfENOC.iN± thereto. And doth the accused, his Penitentiary. by counsel, allow the court excepted in the State llian[±N doth attorneys, which motion by counsel, grounds commonwealth, ltnd ho..ving completed the hearing of the evidence, accused the nfENocKN±, by counsel, moved the court to strike , the months for the James Roy Synamon, came in person and by his evidence, accused» the attorney find punishment And at James Roy eighteen the (18) said accused, to set aside the finding of the court, hereafter to be/assigned in writing; and the court, accused until Monday, April 19, to assign said grounds, and this case is continued until April 19; and :tNixx~rn:x:e:xi:xxa.xxi:gNX the said James Roy Synamon is released on his recognizance aforesaid. ��Summons required under Sec. 120, Chap. 342 Act, of 1932 DEPARTMENT OF STATE _...,.._7 __ _3,,,__~~P~f ~~~~~---Date M __ 19~ ta appear before: ..........._-"'!!iE:"""-c:-::-+...;,__.yJIL----1..--,L.....::l~<&.-6--o~..L.&--=;~~-- _,,~~-,.i N? 135595 POLICE na to answer for Vio • 0 • • • D Improper Defendant ________________ Address Oper. or Ch,f Lie. No. Vehicle License Sec. 120 Chap. 342, Acts 1932. Failure to comply with this summons constitutes a separate offense. ,1.ost,3 A ... ._, ~ N,.,A-&,r :J ~ ate Police,_.._______ -f'-+ l C'>. Shield No-~--➔--- ...... ~------------- • , (Address) �c....i ~co (/) �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .....Dr.., .....F .,.....L.,.....BY..e.r..~................................................................ . ... -----·-······················---············ to appear before the Judge of the Circuit Court of Rockingham County, at the Court H9use thereof, at 9:30 o'clock, a. m., on the ... .lQ.thday ............................................... 19 .4.8 ..., of. .................A.pr..i.l . to testify and the truth to say in behalf of the Commonwealth against ......Jame.s....R.o.y.. Synamon ... .,. who stands charged with and indicted for a felony fflt:!~fle:Fl<H. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, .f:RQB£Rq" -SW:H'-lf:R;{;lel"'k-of6tti"SMt! f:.ettn, at the Court House, the .....lOth day of ............. .A.P.r.il ............ , 19..4.8 .. , and in the THE SER VICB PRESS 7 n ... �.... j (.() p) . . tfJ z 0 ► ~ 1--3 ~ z ~II CD ~ p:> 0 'rj o' C C/) tfJ tfJ CD ::r: t, ~ ► CT ~o'~~-~ r,~,ri p, CT 0) pf+'> (.() I-' o-"-:1 «: (1) . ! 0 ~ ~ 0 0 ~ I-'• ..__, • < I~ 0 I-' •• I-' ::0 {./) ~ ;I> y or Sheriff f--'• ~ trJ .. tfJ tfJ Cl) u ► ;:1 CT 0 8 ~ f--'• vi vi t, . '"'::I . . ~ t:J co. -.J:: ' ~ ,, ~ ~ Rockingham ;~ I I ~J~/~upty For sa.niH.Caeiidersheriff r/~ Exeued the within summons at Dr F.L.Byers office Profess,ional Bldg. South Main st. Harrisonburg va. in ropkingham co.,the usual place of bsinesse~ of Dr. F.L.Byers,by delivering a true copy thereof and gi information of its import to Elizabeth T.Green,the person found incharge of the of such place of business this 10 day of April 1948 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: Jr You are hereby commanded to summon .......E .•....E .•.....Kb,.S.e.r.,.....A.•....F ..~.r.oll. 1 .................... . ................ Es.t.r..idg_;: ..E.:t .Hµ.;ff.man.and ...J.a.~k..Bo.s.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 ..13.th day of........Apr.il ....................................................................... 1948. .. , to testify and the truth to say in behalf of the Commonwealth THE SER VICE PRESS against ...Jame..S....Roy ....Synamon �COMMONWEALTH V. ) Witness Subpoena . . JAMES ROY SYN AMON . To April 13, 9:30 1948 at a.m. Witnesses: :;L. E. Kiser E. 2. A. F. Carroll 3. Estridge 4. Jack Ross E. Huffman �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You a 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 ........ day of........ ...... .......................................... ............................ 1~ to testify and the truth to say in behalf of the Commonwealth who stands charged with and indicted for a fe ony mis em And this; yo ,s\_IBll~ Witness, THE SERVICE PRESS r.:t:zCYSE]:tT ~t , against ................. ......YE:.- . ij there this Writ. er' of our said Court, at the Court House, the ......!....... .. �Estridge E. Huffman LttF e.y , V Q • JC5 tExecuted py delivering an office copy of the ithin __J~to the within named t;:::;t:~_c;_- __ H; -~ in person in Alleghany Coun , Virginia, on _____t: ____ day of-~-----194_8: w. P. HENDER;?r;,SHERIFF Sheriff, Alleghany County, Virginia By_~--L-.L?~ Deputy Sheriff~eghany - County, Virginia �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: V-yton You are hereby commande~to summon ........Ann.... Hol.s.ingef.,.£@~ez.E.ols.ing.er, ...... . .............. K .....R.•.... Alexand.e.r ..... and ...Mr.s.•..... Ivan ...Whitmir.e ..................... . . . r ················································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 ..1.3..th day of.................Apr.11....... .. . .............. to testify and the truth to say in behalf of the Commonwealth .................. 1948 .. , against. ...J.a.m.es.Ro:y...Synamon who stands charged with and indicted for a felony HM8C:km.e~t-. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, f.-&gJ,:gR,J: ,S-wf+~HR-,-Ole!"1' -t,~ day of... ........Apr.1.1.................. , 19...4.8.., and in the THE SERVICE PRESS ~G~e; 2nd at the Court House, the ...7.th ......... . ..........y -----I-{--=,' r o �~ ~ CmrMONWEALTH J:?. C v. ._ =' 'vVitness Subpoena JAMES ROY SYNAMON !::l ,-., To April e--t "< ..., ~- 13, 1948 at 9:30 a.m, Witnesses: 1. 2. 3. 4. Ann Holsinger Cly-de Holsinger K. R. Alexander Mrs. Ivan Whitmire ~ ,_.... C-< -. L:., 0 ' 1-i t:{;! :>-, : (l.., 0 l:"' 0 0 t:,.:, ,.i:; 0 E-i ~ ~.; r �In the Name of the Commonwealth of Virginia: Augusta To the Sheriff of Rdinpm County, Greeting: You are hereby commanded to summon ....A.•....F ........C.a.rro.11 ......................................................................... . 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 ..l~.t.b.day of....... .... .. App:i,_l_ to testify and the truth to say in behalf of the Commonwealth who stands charged with and indicted for a felony . . ..................................19.4..8... , against.. ..J.e.me..s ...Roy. Synamon fl.Ji6Q@.R,&\il.&r. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, f~T-S-Wt'F-~-R-;-€rerk-crf-onrsai:d-G:mrt, day of.. .......A.pr.i.l .................... , 194.8. ., and in the 17 ?~t- at the Court House, the .....8.th....... ....... ..::::.:ii-=-5".;;, ;k.. THE SERVICE PRESS �C OMMONVJEALTH v. ) Witness Subpoena JAMES ROY SYNAMON To April 13, 9:30 1948 a.m. at Witness: A. F. Carroll --..------.·--. .............. _.... _________________ _ ..--------........................................................................ ______________ ..___ _ ___ .,. ,._,...,. ., �\Vitness, Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, A. F. Carroll, Estridge E. in the name of the Commonwealth T.nray, s. 0 p. - to appear before the Trial Justice Court of said County, sitting in said County, on l Q tb clay of __ of that clay to give evidence in behalf of in the pending v. _ Va o E. Huffman, Luray, 'la E .. Ki_$er, of Virginia to summon ______ at , 19-4.2..-, -tOHCcr-t"7'0H-Hb~ef-f-r'--- Harr :is onbnrg , Virginia at the hour of ---02....-: Q.,,-..,.,Qe--,p~,.--;~,...,f~ --0 Com' th case of _..,_C,..,o .... w""'""'""t....,t,..,h-------------------------------- Jam.es Roy Synamon �. EXECUTED/t)-!J.. j'flN < ,-.,.,-.,.,-.,. ~ ;:..· (b rr. rr. er i:: (/l THE COUNTY0 -. 0 ~.. CT P' b ;,;- (') (I) z .-+ >o ? 0 ::; ~ (!) p, t\:)' ~ t - 0 __ ·---,, - C rr. '-I c:::. (') (I) n .., 0 C .-+ a [,f'Ue ---------- l.-uµ_✓ to~.. _ti.._,_-E'~.Ll.Le.i._" LL ,Y~ ______ _________________________ _ .., >-3 .., p;· ROCKINGHAM BY DELIVERING A TRUE ,, COPYOF T1;_.E ,WITHI~~ TOLLLi--,,:;1 ft?.k,<...,~=·-~~e__..___ __ IN PERSON . ! ._& ~ ll :::ceqp~c..-::: 1-::] 0 0 0 CT • I-' 0 .. I-' ill lf::s -...J p, CT t\:) ~ 0 sumn1on ...;,,u',c.J/t).-__f---:::..¥:.7_ ______ by Cit:i;1venng • r1Je within ,._ ~cf--- l~_f:Jr.,.P .f.§_/4.~ -f,{I!/ ------------·------------·Kt-\ nArson. ··----------------~- ,~,, in �Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................... ······················~71·-:;q······fi······················-;·1···:····················f'·········rf ····················/A····+~: .....~....►.::-......... {R.. ....... ······;;,{/:···············)····················· /I.~ ....................... b. ..::... :: ;:::a:, :i:::,e a~~.:::g:h:f ..t!;J/~:;:f ~~.~.~:~~2~.~.~.. ~~~... ~~~~·~· ·~·~·~·se1:d.7 .~.~ .. --~~-z;;;;~~.:.~~~-: ..~~~ ..~.~~~.~..:.~~.~.::::: ~.~..~~~~i~~..~~~..~~~.~~~.~~.~~t~·~ I' ............................................ .~ .............................................................................................................................. . .. who stands charged with a felony ~ And this you shall not omit under penalty of £100. WitnessrJ, ~gBERT SWITZER, Clerk of our s~trt, d,y of THE SERVICE L.%:'M:. PRESS, HARIUSONBURG, 19 VA, fl. 7"nd ;n th, And have then and there this Writf fo at the Court House, the .... / ............... J~-J'i.L,,!/:;J~ • cmk �a. l:il 0 t"' p-! E:.. E-! z t:> 0 G 'l ril ~ E-! I ' ~ µ ll~' r, E-! t:> C. rr: [£: ~ • �--..-----.__:------·---- coMMoNwEALTH vs. J J-.od - DESCRIPTION cpd-"! ~, ~ A ' OF PRISONER §__Cj_ __ "71:'.:___~-~&f'r ______________________________ _ Height__1_-=--~t--Eyes __ j7,_ ______ Hair____ ...... ------Weight_,._____ '?__~ Last known address ______ Color_ ___ J;y__ Marks _______(t; ____________________________________________________________________ _ Z___ ____ Age_______ ___ Occupation_ --~Ii--~~ /d __J_ _¥L£✓-<2___ ::-:__~If_-~ Date of Trial_ ___ , _________-- _-- __-- _____ - -- _________________________________________ _ Result _____________________________________________________________________________________________________ _ ��Trial Justice Criminal Court Docket No. A:;? Iv Com' th v. ~oy Synamon :ra~e TS to 9-8-47 ~</.·-/0-/0--'+7 C at 2PM 11 .'t,11, 'P.~• ;1d,n-.. ��COMMONWEALTH i. Felony (invol. JAMESROYSYN...J\IION I 1U I mans.) �� 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 James Roy Syhamon 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 1947 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_014_018 Syhamon https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_017_commonwealth-v-james-riddle.pdf e8537fdea1fe9da43fb26250398e5196 PDF Text Text COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKilfGHAM, to-wit: IN TEE CIRCUIT COURTOF SAID COUNTY: The grand jurors of the Commonwealth of Virginia, in and for the body of the County of Rockingham, and now attending term, the Circuit 1941, upon their on or about unlawfully lor Riddle, wealth Court of said do present the 16th day of August, and feloniously against did kill that October James Riddle, 1941, in said County, and slay one !viaude Nay- the peace and dignity of the Common- of Virginia. This indictment Kiser, oaths County, at its Orville is found upon the testimony Thomas and Hugh Tobin, Court and sent before witnesses of E. E. sworn in the grand jury to give evidence. �} Foreman - E. E. Kiser Orville Thomas Hugh Tobin term, Lawrence H. Hoover Commonwealth's Attorney October Felony 1941. • Indictment JAMES RIDDLE v. COMMONWEALTH MANSLAUGHTER T �6 ARREST WARRANT The Commonwealth of Virginia,}T 't . h am C ounty, o-w1 R oc k1ng To the Sheriff of Said County: Whereas, ___________ E_._E_._K_i_s_e_r ___________ made complaint and information on oath before me, Harry Lee Bryan, of said County, has this day Clerk af T. ]. or J.P. T. J. Court of the said County, that_J_a_m_e_s_R_i_d_d_l_e __________________________ on the 16th day of feloniously,while and negligent peace and Augllst operating manner, dignity of kill the _ , 19__41_,in the said County, a certain and slay Commonwealth did motor_x_ehic.le_in-a one Maude unlawfully grossly Naylor Biddle, and careless again.st the of Virginia. 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_J_a_m_e~s~R~i=d~d=l~e~------------ __________________ to answer the said complaint and to be further dealt with according to law. Given under my hand, this_-=l_,,9__,,t=h.____day of__ ~A~1~1g~ll..._s.....,t.___ __ , 19-41-. ~11/l~. Memo. of Commonwealth Witnesses: Name Richard Sly Elwood Weekly Henry Orville Address Shenandqa h, Va. Thomas Thomas E. E. Kiser .So " " " " Penn I.a i rd , Va • �JUDGMENT Trial Justice Court Criminal Docket No. ___ 3 ::r ., -< _ ::, 0.. Commonwealth rt ::r __oo· rt vs. { Arrest Warrant if James Riddle ., 0. -< Execute the within warrant by arresting and delivering the body of before ____________ Fine $ ............... . Issuing Justice's Fee $ ..../, ..0.CJ Clerk's Fee $ .......1,..Yf Trial Justice Fee $ ........J."5P..O Arrest and Mileage $.. Summoning Witness $ 0 ...... _ ::;· ., ::, 0. this ___________ o' .., day of rt if 19_ ..... "' Witness Attendance and Mileage $ ................ . Commonwealth's Attorney $ ........ . _________ $ .. ········· ~ $ •••••••••••••• J;~_o Officer's Milage ~ ., rt (\) ornl : - -a,(;.:{' Miles travelled by officer - - ................. . Miles carried prisoner Total mileage Trial Justice ···············-·· �Commonwealth of Virginia: You are hereby commanded to summon ........... £ ..~b-~ ..~~~1~.~.~.~~~~ ..~~.~.~~·i·~~'. ·••#.~•···~··~···••?t~ to appear before the Judge of the Ci~ourt at 9:30 o'clock, a. m., on the.~P. to testify and the truth to say ................................................. of Rockingham ~e Court House thereof, ...........day of. ................................................... :...................... 19 tJ~:~;~ ':; .£..: Co]?1!!);iw_ealt~ '}/for~ the GRAND JURY .................... .. -rK.-:-:.:-:-.~ .. 7..~ ...................................................... . who stands charged with a felony mistlenteanm·. And this you shall not omit under penalty of £100. BERT SWITZER, Clerk of our s •............ 194/.., THE SERVICE l'RESS, HARRISONBURG, VA. and in the ... ...~.. 0. ~ And have then and there this Writ.~ t the Court House, the .../7 mo .,u-...--<.,,;~-z__.- ............ ealth.. .............................. , Clerk �l, i 0 s 0 fi.. ril OD l>-40::: E-< E-< z:::, <.. or u ~· p, ril 0 ::c E-< ~- .. ·~ [; i , ~· ' ...... .. :i..t ;.< ( ~ ril ...... I1- :::r • �TRIAL JUSTICE COURT ~ bn,v<A,A.A. DOCKETNO. Ut/lr ~~~ {/ 1/-1--1 /ift @._ /0 :oo t/. >k.. �.., �CT .. 1941 OOMTuIONWEALTH v. Felony J MJIBS RIDDLE l 1 t,.,t't", /lr-/J I. t C( .;:(_ & /O/'il/417 • (manslaughter) �� 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 James Riddle 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 1947 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_014_017 Riddle https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_010_commonwealth-v-james-keith-milkos.pdf b3fe720b41cee693cf7d2a1715266ab8 PDF Text Text COMMO WEALTH vs._L________ _:__ _ ___:_.1......;~ ✓ DESCRIPTION OF PRISONER Last known address --~---u-----'-__:c_:::_~=--=~~,~:::::~~==,,~:...._:__--=-_:_ "l( Color Height ~-( Marks --t-; £ /0 Eyes -( ________ _ Weicrht'-__:_./----=----b/ I ----------'-----f-----.------------==--==.t.---'---~-~-;_:-+~=--i....=--+-,1......:._"'t/=--,it.L.t,~~~<-- ��,adv Jame of , to re . in violation b of Sec.tion 18.1-90 , 23rd day . See . . rrned bank b41ege , • . 01 1..u- 1 robberx 1Gtnuy �"( �Comp. Form 18 STATE OF VIRGINIA Harriscnburg ~ OF ______________ _ I No. _____ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: J_an_e_s_R. __ S_1_· -'-p_e ____________________ Whereas, __________ Jchn G. Leake has this day made complaint and information on oath before me, Julli.tice of The Peace _ (Name) City ------------------- of the said ::f:<lxmty,thae- ______________ (Title) James Ketth Miklos _______________________________________ 23rd d1.d on t h e._____ while dict enter Branch, a certai.n banking in the daytime, ol." secti dignity 18.1-90 of the weapon, house, with t'e , 19__63 : Unlawfully to-wit: a • 22 rifle to-wit: intent oc ki _ h ng am in tbcc:tairl County d ay of _______________ September armed with adeadly R and feloniously, lo2cled with ball ammunition, The Rockingham °M&tional Bank Grottoes t commit larceny of the 1950 Code of Virginia of money, in violation as amended, against the peace and Commonwealth of Virginia These are. therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rocking. am County Court of tlnooorl, County, the body ~) of the above accused, to answer the said complaint and to be furthf'r dealt with according to law. And you are also directed to summon: color Address □ color Address □ color Address □ color Address □ color Address □ as witnesses. 23rd Given under my hand and seal, this,_____ Se)tember day of___ --,_,-----,-;,,r---------~ (/ Rj?zL (Title of Issuing Officer) JUSTICE OF THE PEACE (Seal) �STATE OF VIRGINIA-COUNTY OF to-wit: I. a Judge of the County Court Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that as his suret _____ and--------------------------~ to the Commonwealth ($ ________ of Virginia themselves indebted Dollars in the sum of------------------·------------------- ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: , have this day each acknowledged land~, and tenements to the use of the Commonwealth to Circuit Court shall appear before the County clay of ______________ ~ 19___ , That the sai~---------------------, 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. n0 J. P. < V> ~ V> t, § cr'g, 0 (') :.,;: 'i (D 'i [,:j .. s >-3 z I-'~ p '-0 ::, ()"\ii, \..v • :s 0.. c+ ::, !-'• (I) C'> I'\) \..v '1 0.. 0.. .... ~ 'T1 5· ro 2 E. >-l 0 ~ ro ciii. ::r 5· ()Q E. '"'1 () "' "' § (") ::r "' <1> 0 3 3 0 ::, ~ "' e:. & ; ;.., 15 a; Dl w~ "' ---Dl .a. 'T1 Q (") 3 ~ e. ;.- >-l .., ~ E ~ e: .., ., " ::, 0.. ~ g E. ~ ::, <: J3' 5· F' ., '< g., g ro g., e:. .,"' l)Q c... ., '< < 8 ., ~5· :g ro .F ., .., er ro c' .., "' e: .,,, ~ 8 .., & " ,. ::, "' '< r n >-l ::r "' ~ 0 ~ en n0 n;;· [0 " ng. 0 ::, & -Ch ::, ~ '< ()Q ~- s Q " ~ ........... ........ () () ~ ~ ~ ~~ r-- 5· l l'! g., ~"' .., .... 'D ~ f? "::, 9 n"' 0 ::, ()Q .:;· 0.. "' �COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The Circuit Court of Rockingham County, The Grand Jurors October of the Commonwealth of Virginia, and for the body of the County of Rockingham, Circuit Court of the said James Keith Miklos, County aforesaid, a deadly ammunition, unlawfully did enter Rockingham National located County, upon their oaths and feloniously, a certain a certain .22 rifle, banking the daytime, with the intent in violation of Section the that 1963, in the armed with loaded with ball being Grottoes Rockingham County, to commit larceny 18.1-90 present in while house, Bank of Harrisonburg, in the Town of Grottoes, amended, against now attending on the 23rd day of September, weapon, to-wit, Term, 1963 The Branch, Virginia, in of money therefrom, of the 1950 Code of Virginia, the peace and dignity as of the Commonwealth of Virginia. Upon the evidence Strawderman, Spitzer, Deputy Sheriff witnesses to give evidence. of Miss Frances Eaton, Sheriff G. M. Wilcox and Deputy Sheriff sworn in open court and sent A. L. W. A. to the Grand Jury �,s - James R. Sipe Commonwealth's C INDICTMENT Attorney A TRUE BILL JAMES KEITH MIKLOS v. COMMONWEALTH armed bank robbery �PRE-SENTENCE REPORT Staunton, Vir inia November 20, 1963 MARITAL STATUS: Married NAME: James Keith Miklos ADDRE~S: Lacey Springs, AGE: 24 (Born 2-12-39) SEX: Male RACE: White Virginia T'JO. OF DZPEND~TS : Two OFFENSE: Robbery by Force DEFENSEATTORNEY:Mr. Charles E. Earman (Appointed) COMMONWEALTH ATTORNEY::Mr. James R. Sipe COURTACTION: James Keith Miklos appeared in the Rockingham County Circuit Court on October 21, 1963, with the Honorable Hamilton Haas presiding. The defendant was indicted on a charge of Robbery by Force and through the advice of his appointed attorney, Mr. Charles Earman, he entered a plea of guilty to the indictment. The Court found the defendant guilty as charged in the indictment, but withheld imposition of sentence until a Pre-Sentence Report could be presented and subject was remanded to jail to await the presentation of a Pre-Sentence Report. This man has been in custody since his arrest on September 23, 1963. OFFENSE: The subject, is charged by an indictment that he did on September 23, 1963, while armed with a deadly weapon, to-wit: a .22 caliber rifle, loaded with ball ammunition, enter the Rockingham National Bank of Harrisonburg, Grottoes Branch, with the intent to commit larceny of money therefrom, in Violation of Section 18.1-90 of the 1950 Code of Virginia. The victim of this offense is the Rockingham National Bank, Grottoes Branch, and the Codefendants were Robert Harrington, Jr. and Roger Lowe, Jr. In talking with the subject, he stated that he and Codefendant Lowe did not go to work on Friday, September 20, and mentioned that they were planning to go to New Jersey to take his wife and small child to his wife's home in New Jersey as she was expecting their second child in the near future. The subject stated he was ulanning to return to Rockingham County as he had to appear in the Rockingham County Court on Tuesday, September 24. Miklos advised that they traveled to New Jersey in an automobile owned by Mr. Robert Black and that Black accompanied him, his wife, their small child and Codefendant Lowe. The subject advised that he and Lowe drank some beer on the way to New Jersey and further advised that they returned to Washington, D. C. on Saturday, September 21, at which time they consumed some liouor and beer. According to the subject, these three men stayed in Washington Saturday night and returned to Harrisonburg on Sunday, at which time they continued to drink liquor and beer. Hiklos stated that when they got to Black's home at Lacey Springs, they let him out of the car and he and Codefendant Lowe went on to Harrisonburg. The subject mentioned that he and Lowe got to Harrisonburg on the evening of September 22 and while at a restaurant in Harrisonburg met Codefendant Harrington. ��RE: James Keith "iklos Page 2 ........ . l•1iklos stated they all were drinking and sometime Sunday evening the matter of robbing a bank was mentioned. He stated they continued to drink that night, drove around in the car and possibly parked along the highway to sleep. The subject stated that they then went to the Grottoes Area on Monday morning, September 23, planning to enter the bank as soon as it opened; however, when they got there, several customers were in the bank and they did not enter. The subject further stated they drove around the area some, fixed a flat tire, drank a couple more beers and went back to the bank at approximately 10:,50 a.m. According to Miklos, Codefendants Harrington and Lowe entered the bank first and he followed with the .22 rifle. He stated they were in the bank only a matter of minutes and after the money was handed over to them, the three female bank employees were locked behind an iron gate in the bank vault; however, the vault's door was not closed. According to a couple of bank employees who were present at the time of the offense, t ey verified the fact that the subject was carrying the eapon and advised that he was not wearing a mask. They recognized him as he had lived in the Grottoes Community when he was younger. According to the bap.k employees, $6,210.00 was taken and all of this money was recovered except ~208.,50, which was covered by insurance. They reported there were no customers present at the time of the robbery and no one was injured or mistreated. After the robbery, the subject and his codefendants left in the car and were apprehended by law enforcment authorities approximately one-half hour later in the Montevideo Area. They reportedly did not resist arrest. They were on foot at the t:ime of their arrest and were approximately three-fourths of a mile from thefr car when they were apprehended. The subject stated he did not know why he had become involved in this offense, but mentioned he did hav~ several debts, his wife was goinF back to the hospital for their second child and he was lm on finances. Accorc'-infs to the subject and his co<lefendants, each of them had been drinking ove the weekend and the subject stated he had been takinis some 11Bennies 11 in order to stay awake. He indicated that due to the consumption of alcohol, etc. he was unable to think clearly, thus, became involved in the offense. lliklos indicated the weapon belonged to Codefendant Lowe, but stated he could not remember when they got the gun, but mentioned that they had been target shooting on Friday, September 20, the gun was not firing properly and indicated that Lowe possibly had taken the gun to a shop to get it repaired· however he mentioned he was not certain. The subject further advised he thought the gun had been picked up on Monday Morning, the date of the offense, possibly from the fellow who was supposed to have fixed it. PRIOrl.~IBCORD: The subject appeared in the Rockingham County Circuit Court on December 23, 19.59, charged with two indictments of felonious assault and both of these indictments were nol-prossed. ROCKINGHAM COUNTY COU3.T: 9-24-63 9-2h-63 Assault and battery Theft of a sawed-off at ·!·30.00 shotgun valued ~,6.7.5 fine and costs 6 months in jail; ..106. 7.5 fine and costs ��IE: James Keith Miklos Page 3 ....... . 9-24-63 7-19-60 Destroying property Assault and battery 6-1-59 11-25-58 Possession Disorderly 10-6-58 Assault 10-6-58 Disorderly 9-11-58 6-19-58 Speeding (65/55 mph zone) Assault and battery of stolen conduct property and battery conduct ,;106. 75 fine and costs 6 months susoended for 1 year; payment of costs Nol-pressed Certificate of Satisfaction; s.25 cost"' Certificate of Satisfaction; :·,6.19 costs Certificate of Satisfaction; '4. 75 costs fplJ. 75 fine and costs 60 days suspended; "$JO.75 fine and costs I-Li-i.RRISONBURG POLICE COURT: 8-31-63 8-31-63 Drunk Resisting arrest 5-28-63 5-28-63 Drunk Resisting arrest 3-29-63 9-15-62 Passing on double line Damaging property 9-8-62 Assault 9-3-62 1-29-62 7-6-61 7-6-61 9-13-60 9-13-60 7-J-60 Assault and battery Drunk Drunk Resisting arrest Drunk Resistine arrest Assault and battery 6-17-60 4-26-59 Speeding (45/25 mph zone) Assault and battery 12-12-58 9-26-57 9-26-57 Heckless driving Assault and battery .AWOL and battery 116.50 fine and costs (se Pd) .'JO.SO fine and costs; 10 days in jail (served) '16.50 fine and costs (serred) ~Jl.50 fine and costs; 15 days suspended for 1 year ·"13.50 fine and costs ",6.50 costs; 30 days suspended on payment of costs and restitution "'2S. 00 fine (served) and ~~6.50 costs (paid) ';25.00 fine (served); "6.SO costs (pd.) ~16.50 fine and costs (forfeited bond) ''16.50 fine and costs \31.SO fine and costs (paid) ~;.16.50 fine and costs ~Jl.~O f"ne and costs ~J0.25 fine and costs; 6 months suspended (This susp0nded sentence revoked on 9-26-60) 1 , 13. So fine and cos ts Dismissed on motion of complainant and payment of 1',6.00 costs ...28.~0 fine and costs ~J0.50 fine and costs (served) Released to Military Authorities ROCK~TGHA}1 COUNTY JTTV~NILE COURT: The subject was placed on probation as a juvenile on January JO, 1953, for breaking into the Grottoes Theatre. Records indicate he was released from probation on October 29, 1955. According to reports, the subject was arrested in Zlizabeth, fow Jersey, on June 4, 1962, on a charge of carrying a concealed weapon and this was later dismissed. Reports also indicate the subject was charged on January 25, 1961, for ass~ult and batter-yin 1ilizabeth, New Jersey, and this case too was dismissed. 1 ��RE: James Keith Miklos J. age 4. . . . . . . . . According to reports, the subject appeared in Juvenile Court in ~lizabeth, New Jersey, on January 15, 1952, and was placed on probation for an offense of entering and larceny. The report indicates th~t the subject's attitude was good and his behavior was good both at home and at school while he was on ,robation. He was released from probation as a juv8nile on September 25, 1952. FAHFY HISTORY: James Keith ]l.1iklos, white, married male, age 24, was born on February 12, 1939, at New Brunswick, New Jersey. He is the young8st of two children born to Andrew Stanley Miklos and Claudean Forbs Firenze. The subject's father, Andrew S. Miklos, is reported to have b9en born 11arch 17, 1913, near New Brunswick, New Jersey. According to the subject's :nother, he was a skilled auto mechanic, was a member of the Catholic Ch ch; however, very little information could be secured concerning this man. The subject indicated that he did no know his father's whereabouts and the parents were separated while he was an infant. The S'bject stated he ecalls seeing his father once in his life time. The subject's mother, Claudean Forbs Firenze, age 48, stated she was born on June 20 1915, at Charlottesville, Virginia. She further stated she completed the 11th grade in school and is emuloyed at the Neon Service Company, south o Harrisonburg, and resides with her mother and stepfather at Lacey Springs, Virginia. This woman reported she has some heart trouble and ulcers, is a ma~ber of the Presbyterian Church and reported having no police record. It should be noted that this woman has been married on a couple of occasions, but none of the marriages appeared to have been congenial and each time she ret ned home to liv9 with her mother and stepfather. The subject has one Brother, Andrew Stanley Miklos, Jr., age 26, who is a high school graduate, resides with his mother and grandparents at Lacey Springs, Virginia, and is presently employed as a plumber by Roy Lee in Harrisonburg. This man has a police record. PEBSONAL HISTORY: It was re1'Jo ted that the subject was born in New Jersey; howev~r when he was an infant his mother and father separated. He lived with his mother in New Jersey until 1952 at which tim they came to this area to live with her mother and stepfather, Mr. and Mrs. Thomas Watts, thus, his main male figure to identify with was Mr. Watts. However, this man was out of the home a great deal of the time as he was in the Merchant Marines. After the subject was discharged from Military Service, New Jersey and later married Diane Marie Carnevali. he returned to the State of Miklos married Diane Marie Carnevali on July 8, 1960. The subject's wife is reported to have been born on July 10, 1942, has a 10th grade education and works in a factory in the New Jersey Area whenever she is physically able. There has been one child born to this marriage, li..nthony Wayne Miklos, 17 months of age, and the subject's wife is ex:oectine her second child at any time. ��RE: James Keith Page 5 .. 1iklos Since the offense, the subject's wife and child 315 Brook Street, Linden, New Jersey. have been living with her parents at Since the subject's marriage, he has lived with his i1ife at her home in New Jersey and they have also lived with his mother in this area. EDUCATION: The subject completed the 9th grade at the Montevideo High School at the age of sixteen. According to the urincipal, the subje t ias expelled from schoo in February 1955 because he reportedly drew a knife on another student. The subject's school record indicates he was a very capable student if he would have aoplied himself. School records al o indicate that the subject resented aithority, was uncooperative and did not try. According to information received from New Jersey, the subject attended elementary school in Elizabeth, New Jersey, and he was considered to be above average in all categories, in personality and academic standards, and he was particularly outstanding in art and music. The subject was given the Califo nia Short Form 3lementary Test in November 1950 and this indicated he has a total I.Q. of llh. INTERESTS AIID ACTIVITIES: Miklos stated listening to II he enjoyed hunting, good" music. fishing and drawing. He further stated hP enjoyed RELIGION: Accorring to ~he subject's mother, Miklos was christened in the Catholic Church; however, his mother and grandparents are Presbyterian and he attended the Presbyterian Chu ch when he was younger. After the subject's marriage, he then started attendin a Catholic Church since his wife is Catholic. HEALTH: The subject is approximately 5' 1011 tall, weighs about 150 lbs. has fair complexion, blue eyes and black hair. The subject stated he has a scar on his stomach from a knife wound and also has a noticeable scar on his left temple. He has nume ous tattoos on both arms. According to the subject and his mothe, he has had auproximate y four concussions resulting from automobile accidents and accidents while he was in Service. The subject reported that he has had numerous headaches and while in Military Service was examined by a psychiatrist and given some tranquilizers. Psychiatric information from his Military Record was not received. The subject stated he has the habit of smoking, drinks,but denied the use of narcotics. He also reported that he does gamble occasionally. During interviews, the subject appeared to be cooperative in supplying the Officer with information, was found to be truthful and indicated remorse for this offense. ��1.E: James Keith Miklos Page 6 . . . . . . . . MJLITARYHISTORY: Service No. RA-13-554-514 According to reports, the subject entered the Army on February 16, 19.56, and was discharged Under Other than Honorable Conditions on May 1, 19.58. The cause of separation was listed as habits and traits of character manifested by misconduct. According to the report, the subject was given three Special Courts-Aartial while in Service and the offenses were all for being AWOL. The first Court-hartial, he was confined at hard labor for 3 months and forfeited ~,5.00 per month fo three months. For the second Court-Martial, he was confined at hard labor for one month and forfeited ·,,50.00 per month for three months. The third Court-Martial he was confined at hard labor JOr three months and forfeited $50,00 per month for six months. The subject's Military History also indicates that he received psychiatric observation or treatment; however, information concerning this was not received. &MPIDYMENT:Social Security No. 230-48-5065 The subject I s main work experience has been that of a construction worker. The subject epo ted that he worked for several construction conce ns in New Jersey nd when ·n the Rockingham County Area has also worked at construction jobs. At the time of the offense, he was employed by the Nielsen Construction Company and had worked there from August 8, 1963, to September 19, 1963. According to one of the foreman, the subject's work was satisfactory. He indicated the subject was a eood worker, did what was asked of him, was dependable and caused no trouble. He did mention that the subject was off from work occasionally. R.ESOURC"!j'S ANDLIABILITIES: 1~iklos stated that he has loans at the Beneficia Finance Company, Newark, New Jersey, and at the tlas roan Company, Highland Park New Jersey, and indicated these loan would amount to approximately ,r•Roo.oo.The sub· Pct indicated that he hai no other property except personal items of clothing, etc. PLAN: If and when the subject is released from c 1 1stody, i + is possible that he can return to live with his wife and family with e~ployment to be secured. Information received indicated that the subject's wife is willing to resume her m rriage with the subject should he be released from custody and the subject has indicated a desire to return to New Jersey if he is granted parole, etc. Respectfu )' ~ y yours, /J,..~, L V. Leroy Harsh ?ro ation and Parole Officer VLH/aer ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ................................................... J1.i§.l? ... fr.~n~.~l? .. ................................................. ~heriff. ... ~~t9.n.~...G.r.ot.tQe.s., ...Virginia A •...L •...Strawderrnan ........................................... . ............................................................................... . Deputy_ Sheriff G. M. Wilcox --·------------------------------------------------------------ ----------------------···········------·----------------------------·-------------------------------------------------------------.................................................... Deputy .. Sheriff .Y...A •...Spit.~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 ..r!:..~.t day of ......Q~.t.9.~.f?.;t;" .......... , 19..J,.J,to testify and the trnth to say in behalf of the Commonwealth before the Grand Jury, against ·····························································································.-··•,···•········· .................................................... J arne s .. Keith ..Miklos .................................................................................................. . who stands charged with ~~ a felony mixdooxecmw. And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the.J.]t.Pof of the Commonwealth. Attorney for Rockingham County and the City of Harrison.............O.G.tQQ~X................... , 19..6-3.,and in the .18.8t.h year �6..?. ....IN THECOUNTYO ~\!CUTW/-£::;L2::._ .. ROCKINGHAM �COUNTY COURT A Criminal Docket Commonwealth v. James Keith, - il:los Defendant Appearance Date 9-2.3-63 Trial Date �I �Docket No.=/./ ...... l..... /-"-0 __ COMMONWEALTH d:::: ~ .. .L <) . . /: VS. ~,... 0T _ )) 1963 of VIRGINIA Felony ) (armed bank robbery) JAMESKEITHMIKLOS Charles E. Earman, Jr.· ~ ---------'-------~~P· Own ( ) Appointed l Oct. 21. Return !flf3 _flt( ?r [ti~• f._<., < ,<... t Y. ()0 ii ~,~.,6,'L, fa, of Grand Jury. 11/117 Oct. 21. Accused arraigned and plea of guilty entered; evidence heard, accused found guilty; imp. of sentence deferred and case referred to Prob. Off. for presentence report; accused remand• ed to jail. ll/1..2~ {lp.,eti. ,, C✓ u. ( x) Nov. 22. Report of Prob. Off. filed; punishment of accused fixed at twenty (20) years in State Pen. 11.1/141 ) J 1 11 7/o CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �.. "' -< ... "' 0 z "' z !J z"" _< .. !Jn ,, .." <JI J: 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 James Keith Milkos Subject The topic of the resource Felony Armed Bank Robbery Description An account of the resource Defendant charged with felonious armed bank robbery 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 1963 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_021_010 Milkos https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_005_commonwealth-v-james-john-taylor.pdf 265f3d36416a26b8bd52c493a0079935 PDF Text Text STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand for the body of the the Circuit Court upon their about oaths the of the County of Rockingham of said County, do present that 3rd day of December, feloniously Jackson, jurors and unlawfully against State at in and and now attending its February Term, 1950, JAMES JOHN TAYLOR, on or 1949, did kill the peace of Virginia, in the said and slay and dignit'y County, one Howard of the Commonwealth of Virginia. ,;91s Trooper sworn indictment/" W. H. Good, in court evidence. found w. s. and sent Burner before on the ~mony and Scott the grand Bridges, jury of witnesses to give �Indictment 1950 Taylor Term, John Commonwealth v. James Felony February yd tnesses: w. H. Good Burner Bridges mansJ. ~ George D. Conrad Commonwealth's Attorney �Docket No. FEB 1950 C?< Jff. COMMONWEALTH ) vs. ) of VIRGINIA Felony (mansl.) ) ( JAMESJOHN TAYLOR ( _W__..c.._W--'-. _W~h_a_r_to_n ___ ------,---,-----P·d. Own ( x) Appointe~ ( } CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �\.. �( q �+ I I + + �C. F. JOYNER, JR., JOHN JR., MUNCE. SUPIEAU OF ADMIN J. R. BAUSERMAN BUREAU OF LAMB, G. T. RIGGIN, DIRECTOR SERVICES BUREAU CHAS. DIRECTOR VEHICLES H. C. MOORE, TITLE .. C. H. COMMISSIONER OF D£PUTY DIRECTOR SAFETY RESPON. L. BRIGGS. BUREAU OF COMMISSIONER GASOLINE DIRECTOR TAX C. E. COMBS. CHIEF SECTION BUREAU DIVISION OF 2220 MOTOR WEST BROAD VEHICLES OF DIRECTOP. OPERATORS MAIL ADDRESS STREET P. 0. BOX 1298 10. VA. RICHMOND RICHMOND April 10, 1950 Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Acc. Case No: 161256 Acc. Date: December 3, 1949 Dear Sir: As a result of an accident which occurred on December 3, 1949, this Division has issued an order of suspension against James John Taylor, 207 Shiloh Avenue, Waynesboro, Virginia, suspending his operating and registration privileges until such time as he fully complies with the requirements of the Virginia Motor Vehicle Safety Responsibility Act. Our Field Service Representative, Mr. V. C. Shortt, attempted to contact this person for the purpose of order and taking up his operator's license numbered advised this office that your Court is holding this license. who recently serving our 652702, has operator's If this license is still being held by you, you are requested to immediately forward it to this office with the copy of this letter which we are attaching herewith. Your usual prompt cooperation is greatly appreciated. Commissioner tor nsibility JLB:ghs Encl. ,----- LICENSE �~ �Summons required under Sec. 120, Chap. 342 Acts of 1932 ARTMENT OF STATE POLICE /,2. M ----f'-:......Li:.LlL.4-.,L-=7"C'b,.:..:.;...,4~--,--l-~=~'---~~-b-~--=-+-' Trial Ju 1to answer you are hereby summonsed to appear before: ~- • ori [Place of Trial) D i ·n D Exce .<•/ 'f·JO at ____.,..___ _M (Date) Limit D No Operator Improper Lie. No. State Pol:ce....,.,:...i'-,,,L-4...,.::.....,."-J:L,--~~---..!~_:,:::_______ Sec. 120 Chap. 342, Acts 1932. Failure to comply with this ;ummons constitutes a separate offense. (A _ �-I �Comp. Form 18-A ST A TE OF VIRGI COUNTY OF _ _]t-\,2S,.,~~~~~~~~~r TO ANY SHERIFF Whereas, '. No. ______ To-Wit: _ tJJ. .o~:fL-' 0...-.~6' --- These are. therefore, to command you, in the name of the Common\l'ealth, ----------- to apprehend and bring hefore the Trial Justice Court of the said County, the body (bodies) ·of the above accused, to answer the saicl complaint and to be further dealt v\'ith according to law. as witnesses. And you are also directed to summon color Address ----□ color Address -------------□ color Address ----□ color Address ------□ color Address -· -- --------- -----□ �STA~kv_I~GINI~RuN:Y ~ ~ ~ I, -- _ar.iaot'"11ust1ce {us~-~e Peace _.,.,.,.,.;:=..e.c:::__:::e._L/_e::~~'1--c,.::--:e__ __________________ (} a -:?'~ fl ~· -. .>/~-<~- that and~::¥~ .' a~,.his sur~t to the Commonwealth of Virginia OO be rendere~~ ;,L of ). to be made and levied of their respective upon this condit10n: f\ ~ to-wit: in and for the County ri , have this day each acknowledged goods and chattels, lands, and tenements the sa,<l~- ~~~.V-<,..----: 1/ County, • _ S..tate of Virginia, do certify _ (1~ [J,,..t__ ~~ =---~=--'--, That aforesaid, themselves indebted ~~-!-~· ,Ji,:~'<:~,N~. ~~~~--~L~~,:.R~~~::==========~==========:,e.... Dollars in the sum of ~~~'r!._· do ($ It) ---, If•~.__.:_~ OF £ on the to the use of the Commonwealth ,:1all aµp~a: <lay of 6rrrrit before the Trial Justice 7':..i,/'-,,<,t;,<_~, to Co~t , I~ at y) . M., at ~-t,~ •"~,<,z~,,,tA.,,, , Virginia, and at any time or times to wha:h the p1oceedings may be continued or further heard, and before any court thereafter having 6'. holding anv proceedings in connrction with the charge in this warrant, to answer for the offense with which he is charged, and shall 1101 depart thence without the il'ave of said court, the said ubligation to remain in full force and effect until the char.1<e is finally disposed of or until it is declared ,·uid by onkr of a competent couq; an<l .up.o.n-t.h.e-f.u.r-t+re,•-eoHd~ti.>n that ti 0 (') ~ .., trJ (') 0 a:: E::: 0 z z 9 ::> ~ trJ .r:- °" .., f:; > t"" ::i:: I ~! ,_I '° ~ ~ ,., 0. ~} "s. 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".., "0 (> (") 0 C: ::, g 1lQ ::, ;.· C) 0.. �Commonwealth of Virginia: To the Sheriff of Rockingham County, You are hereby commanded to summon...'..r~~~-P.~!..JY.~-~.! ....G-.<?g.~., ....W..!....~.~ ...~.~!!-~r Greeting: ............. . ...............................................an..4....S.c..o.t..t....B.r.l.dg.e. .s......................................................................... . to a~pear before the Judge of the Circuit Court of Rockingham County, at the Coitrt House thereof, ati~l~•9zock, a. m., on the ......20th ......day of .........F.ebr.UBl;.y............................................19 .50.., to testify and the trnth to say in behalf of the Commonwealth before the GRAND JURY ...................... ............................................ v.., .... JAMES. ....J..OHN. ...TAYL.OR ...................................................................... .. who stands charged with a felony -,,.i~~1'0f'. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, f: 11..'0t3'Elt1'-SWt1'~-ekrk- r1j-<1Ur "'!trid-€rnl'f'I; at the Court House, the ....15th day of. ......F.~br.:u.~:r.y .....195.0..., and in the ..17.4.th... THE SERVICE PRESS• HARfllSONBUI.G, VA. ear th "-,.--,...-1--,,..-- ........ �Cl.. 0 ... 0 ,., 0 n 1"(" s· C0 COM. "' • n ,c .. ft) .. • 0 JAMES JOHNTAYLOR n 0,._ '¢ Q) L .0 Q) JJ E5 :, ,:: :II Q) ... Eo -~.., :r ~ ~ ,._ ' , l I: ::r Cl.. Q ,i v. <1S Grand Jury <1S Subpoena ·- To February 20, 1950 11:00 a.m. e- bO :::, C C. t h . /; t ~ ' ,1 : i oil C: 'O C: .... ti 'C 0 .D <11 .... 0 ., CJ as 0. Q) .c -1-' bO C C: "tij �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........Tr.o.ap.er ....W....... H .......Go.od.,..!.ri.hi.tne.:y ...Burner .................................................. and ...S c.ot.t Bridges J,,,-............................................................................................. . ----------············································································································-········································•··------·--·-·•············· 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. ....7.th ..day oL .................... .Mar..ch........................................................... 19.5.0..., to testify and the truth to say in behalf of the Commonwealth against ........................................................ . ............................. JAMES.....J.OHN .... TAYLDR....................................................................................... . who stands charged with and indicted for a felony IftH!OOffiea-nota. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, f:-R8BER 'f -SWI~~ER,-C-lerk-of-O"Ut"~:rid-ee111:'t", at the Court House, the ....l.s.t ....... day of... ............ M.ar.c.h.............. , 19...50 .., and in the 1~.4.. ~ ommonwealth. • . C2- -----. C::::::::::::::·mzrouronWf:faTtb·t·s····tctfotney·····' cter k' THE SERVICE PltES.S• HAIUlJSONBUtG, VA, �~ 0 t;::,.) l>4 l:J:j 0 t,::: 0 H d 1-3 Q tzj ~ z ::r: i)> a: COM. V. ) Witness Subpoena JAMES JOHN TAYLOR 0:, 1-4 To March t:1 glzH <: 8 ~ tzj tzj H z Q P> 1-3 7, 1950 at 10:00 a. rr.. ::.r: 0 0 d z1-3 Kj ::::0 d 0 t'J t--r. - .L •• - �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, Frances Strother, Marie Strother, Claude Harris, in the name of the Commonwealth Grottoes, Grottoes, Va •. and Works, 249 N. foain St., to appear before the Trial Justice Court of said County, sitting 0£,__~F"-'e=b=e,.__ ____ of that day to give evidence in behalf of in the pending V. , at Hbg. va. Harrisonburg, 19_5Q__, at the hour of __ Virginia ~l=:~3~0=-'--=-•=•------- the defendant., ,James John Taylor 1_t,.,h,..___ case of --"C'""o'""m..._ ________________________________ James John Taylor _ Va. and at Shiplet ts Cleaning in said County, on_~l-.7..._t=h=-_day of Virginia to summon __________ _ �'G g ... r+ ::r 1ii It 0 2 II> :!) [ 0 :, C. 5' 1 .. ) r1' 0 ll Trial Justice Court ocket No. A 4641 Com'th ( V. ( Witness ( Subpoena James John Taylor ~i i ~~ .,) 3 : !. \) : I ~ E o e- C . :j £ 0. 'Qi ~ ------ ·) E bl) ::, [ 1 ct <'ll C 00) Ci .0 Cl) .., 0 ~1-! ' I. Cl) I. To - Feb. 17, 1950 at 1:30 P.M. C. ~- :, (IQ Sheriff's Serving fee ;; ; bl) C . ·c: �Not finding ~L s:,laceof abode, Executed dd :J{ MM~ J1, • :;} .:. / true copy of this~-<<~ &:. J~ L In person, £- ff7J by delivering c1 tl'll.M<1Pa,,,/!,.~_ atsaldr. A_,.A.().I~. usual place of abod~--..._r.lE,~~~---\~ his family above ~ge of 6 ears. and exp~he "oho•. at his u::.uo. being a member oi purport H,, •.,.,,, ~ d- ~~ ~, ��VVitness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: V. .........:+? Given under my hand this ____ l-50-2m-Garrison ~/.... Y, ___ day of x.Jl e£_J£; �Trial Justice Court ____ .JJocket N oA_'f('f-1 ..... ( V. ( Witness ( Subpoena 0 -----~L/ ~A=, 0 1c, I I. ~ ' f I f'S C) �\Vitness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: in the pending case of ~-":....>U~-J---=fJ_=--------------------------------- v.J-,,,JJ ~ Given under my hand this 1-50-Zm-Garrison / ~day of �J Trial Justice Court ocket No.A-lfl ~t- V ( . ~ Witness Subpoena c.._.. ru_7ttL fi 6 • f;_)( I'!; I z\Su 'ff �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, Scott in the name of the Commonwealth of Virginia to summon __________ ,Sof Bridges, to appear before the Trial Justice Court of said County, sitting in said Couuty, on 1 h,t.h day of-~F:..oae~bl-4•-----, 19~. at Harrisonburg, at the hom· of __ of that day to give evidence in behalf 01-C=o=m=-'-=t=-=-h=----------------------------- in the pending V. James 1-50-2m-Garrison case of _---=-.,-'--'-"LU.:....U.U'---------------------------------- John Taylor _ I Vir~inia ___:3:...:::....:0:...:0=-=P-=•:..=M::..,o'--------- �Trial Justice Court ____ __uocket No A 4641 Com1 th ( V. ( Witness ( Subpoena James John Taylor To Feb. 14, 1950 at 3 PM. �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 W. S. Burner,McGaheysville, 14th day 0£~--~F~e=b~•---, at Harrisonburg, case of --=Cc.co""m"'--t"""'h"'------------------------------------- James John Taylor 1·S0-2m-Garrison Vire:;inia. 195.Q_, at the hour of_~3~11-f.____ ________ I V, _ I, t> o of that day to give evidence in behalf o~ __ C_o_m_'_t_h __________________________ in the pending to summo ..___________ Va. to appear before the Trial Justice Court of said County, sitting in said County, on of Virginia _ _ �~ ~ 11tt~ Docket r o. A 4641 Com'th ( V. ( Witness ( /9 ro !,(//1(.#~ Trial Justice Court ____ a Subpoena James John Taylor To Feb 14, 1950 at 3PM. ~,() �4641 A - Report of Witnesses for the Commonwealth Month Whose mileage and attendance of __ F_e_b_. ______ 19 50. were not collected by the Trial Justice before the end of said month. Po~ . ., R. C r6?:~"--H~-~ __,~'---1-,.---=\cla,'-r~~-"""'J-.~ ...... ,,_,.=---------'' ____ 1 ~ Fe!. Pro. or Misd. WITNESSES Com. vs. James John Taylor 1. Scott Bridges, 1Ibg. 2. w. s. Attendance Miles rk Mileage Total va. Date ~=11=5 0 Fel va. Burner, McGaheysville, Days C Trial Justice. 1 .50 1 .50 .50 10 .50 1.00 MHHHHHH $1.50 3. 4. 5. 6. . Com. vs. 1. 2. 3. 4. 5. 6. All witnesses all necessary grand jury. ferriage summoned for the Commonwealth shall be entitled to receive for each day's attendance and tolls, and five cents per mile over five miles going and returning (Sec. 3512) fifty cents, to place of trial or before ��r Trial Justice Criminal Court Docket No. 7 J f/; Lj./ Com'th v. James John Taylor -AW 1)8.t.a- raj.gned Ba.i.led to 2-2-/@ at 2 PM Trial date M ,.-,t1-..ro at- caA11. ~- .2- 17-.n>/,·:1oll1 ., ~ ~ �/~3- \AJ Z-1~ w;S:- I Jl.-i,, '7f~-I ~ -;vi-3 ¥ · � 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 James John Taylor 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 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_005 Taylor https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_009_commonwealth-v-james-arthur-herring.pdf 328095196898cdde49565569ace912e6 PDF Text Text COMMONWEALTH v. ) Fel. ( sodomy) ,g I JAMES ARTHUR HERRING l,,, c~~ I \ r ;, //I I I ~ r( l Ir • 1( j) }-I J I t: . , ��COMv:om,,..,..,TH OF VI::1GINT , C m;rry OF tOCKIHGF -:, to-wit: L THE CIRCUI'I' COU3T O=' SAID COPNTY: The grand for the body of the Circuit oaths jurors Court of do present County that James Arthur upon one Guy J?U tna.n., and in ,ially in said tho and there, County aforesaid, '"lon-realth anus, t~e LAWRENCEH. HOOVER ATTORNEY ATLAW HARRISONBURG, VIRGINIA the tho ·peace d force and arms, age of four - the upon on OT about on the unlawfully i _ia, 1944, make an assault, to-nit, against term, Herring, of 0 and now a ttendin June with i the 4th in and ( 4) :.,.ears, and hin, day and year and feloniously their the said aforesaid, did car- and cigni ty of the Com- of Vir ;inia. indictnent Ia:;:-ring its child did then Lnow by the at County, a male and feloniously o of Rockingham, County 1944, Guy Putnam, Co _onwealt said day of July, unlawfully of the and 1;. E. Kiser, Grand jlr.,. to five is fo 1 ml upon the • i tne sses evidence. s .orn testi ony of Pauline in Court a!ld sent be:.:.'ore �SODOMY Indictment C01'11.:0N',IBALTH v. '""'<..-~ J'AMJ£S ARTHUR HERRING Folony: 1944. 'r, Herring 1,.,- Forenan II. Hoover :;:~. :.£. Kiser Pauline s: June -Terc., A True 2. -i;;i tnesse ~. Lawrence Cori.JJ1onv,·eal th' s At tor f!:8Y. �You are hereby commanded to summon ........................................................................................................................... . to appear before the Judge of the Cii; ui,t Court of Rocki ham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ..d., ...... ay of.. .............................. ~.........................19±7.-, to testify and the trutl;.,to say in behalf of the Commonwealtn a a· st ........................................... . /~:'=)-~=~ ~rt='.· who stands charged with and indicted for a felony mi-saeme-ane-:And this you shall not omit under penalty of £100. And have then and there this Writj1 Witness, J. ROBERT SWITZER, Clerk of our said ~t, day oL ......... ?{L.,.: THE SERVICE PRESS ......., 19.lt ....., and in the 16.H .. y at the Court House, the ...l.::~ ....... . a, of the Commonwealth. ;+..... ,1 ..~..~J.d'~~d:::!.. .., Clerk �._; -~~ \ ~ J~ J ~ ~? 1~, ~ . -~ tt<ecutedih Cityof ~hburg, day of.______ __b&y.~. by deliverin ~~3: ~ ~ I)✓ Va., on the~ --·--'~ ¼ \ ~ ~ t~~ '-. ~- �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ..,4~ to appear before the Judge of the C~ at 9:30 o'clock, a. m., on the7..f County, Greeting: ......&~ ......... Court of Rockingham County, at the Court House thereof, .. aay of.......................... ~•····· .................19.4.4, to testify and the truth to s-a in behalf of tha:rnmo~wealbw{gains~······•·········;··············· ............... . ·······································•··················7/··~················~~ •••••••••••••••• ~ ••••••••••• who stands charged with and indicted for a felony m-iwemearror. And this you shall not omit under penalty of £100. And have then and there this Writ W/2''J.ROBERT sw:;4• day of.. .....~················, Cle,k of om said.,Z'l'., at the Comt House, the ...?::'::~ 19............ , and in the 16..f .....year of the Commo_,nwealth. •··;•····!:'...~cr.~.~lerk THE SERVICE PRESS �~ 0 I er, I ~ (l) '~ Q, - _q .~ ·~· . ' • ' ;f4J . ..t: 0 Ct: '' ~-?-1 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon---------------·-·----·-----------·-·-··-··--·-----------·-----·----------·-·------------------·-------------- 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. Witness, day oL J.ROBERT {A_o/ THE SERVICE PRESS ~...lf SWITZER, Clerk of our said Court, at the Court House, the ... , 19-'{L,/,nd in th;t~h~;~ 'Cletk �copy fam1iy to her, h·s U!GUal place true // &~ tl11,) ...~. s~ above of ,, horf' of this~. Not fin ci in g..,.,. ~. ~~ ~l ~ thereo at his usual ~ 1.ne purport ((,-.............~ {?6-H~ to .. I .t,l"~..wC.4 dill_ ·~ ~ ~ - '~ ~ ~ ~ ~ 1~ i �In the Name of the Commonwealth :: :~:ae:~ c~::~e a~h:!.u::et::~c;~~: to test<fyand the t~uth to sa of Virginia: C:f~~-t-~~~~c-ki~--- m County, a:th~-~ou·r·t H-o~s\t:« n behalf ~n~~: ••..... ith and indicted for a felony ~And t • you shall not omit under penalty of £100. And have then and there this Writ. 1 day of:~~~,s;:t:n~ THE SERVICE PRESS ::k:e 0 ;;sai~e::':fa:~;;:~: �1 ?--a ~ • I t1 :--.c :~ ~ -, --· �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, ______ of said County, has this day L_._H_._H____c_o_o_v_e_r ________________ made complaint and information on oath before me, _J~•~C_.~S~w~a=r~t~z.J,,~C~l=---=e=crcc=k~o="f_~T~•~J~• ~O~o~u_r~t ___ T. J. or J.P. of the said County, that James Arthur Herr-inll',------------------on the 4th loniously dignity day of carnal of the .,_J_._.u>Jl-.1Yf------' 19-----44-,in the said County, l.y-1m.o.w ,qne .Guy _Pu,tnam..by tbe anus, Conmonwealth did against unlawfully the peace and feand of V1rg1n1a 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 ____________________ ...... ai-.m ..... e S-..-.Ar-th 1w.Lll'---...,H~en1.r.---.,.r~.i&.--Jnk-jjig...,_ ___________ ------------41J _ ___________________ _ _ to answer the said complaint and to be further dealt with according to law. Given under my hand this_-'?-'t=h=------ day of ) Memo. of Commonwealth Name Witnesses: Address -------- �STATE OF VIRGINIA-COUNTY TO-WIT: and for the County State of ) as to to the and .................................. . of Rockingham, indebted County at That the said appear before the Trial Justice Court of Rockingham to be made and levied of their goods and chattels, yet upon this condition: OF ROCKINGHAM, which they severally waived their exemption, ~ 0 ~ II) z.... u ~ 0 Cl ~ ..c: .... cti II) ~ 0 i:: .... ... "' ... "' II) ~ .... "' t:: < '-y---J in > \ tlO ~ H H Q) ~ II c:i: Q) 0) ~ to-;> day 111 ~ t- i:: .:2 .... -~ ~-1:~1 ~ : ~ : ). C):' -cl "' ;:,-.. ..... 0 ~ ~ , 19. ·····• Ii ~ ...... 0\ ~~ T. J. or J. P. or Bail Commissioner i:: ti; II) ~ ~ ~ V¼- V¼- II) II) II) OD ~ ~ i:: i:: II) OD II) "' i:: '"O "' ~ "' "' ~ i:: "' .... II) II) II) II) r.r.. Ol) \ 0) r.r.. "' II) -II) .!::l .... -0 i:: 0 s cti ~"' s ·;:::: ... ::, f-< < U) .!::l II) .... "' ::, r.r.. "' ::, "' i:: 01) II) 01) "' ~ ~ II) "' -... u IE 0 oi ~ \~ I~ ~ cti II) ~ i:: II) >- \ "' ::s \ ~ i:: 0 otl ~-<u< II) u i:: "'-0i:: -- -- ...."' .... B"'"' ss ........ ... ~ II) u ·5 "' ...... "' ... II) u \fl 0 ;:,-.. ...0 "O ~II) > "' ... "' .... ~ ~ V¼- II) "' ~ ..... ·; -- !~ ... II) i:: 0 "' ·;:::: II) "' 01) ~ f-< .... "' 0 ·s 0. ..... -0 -~ ... ... u "' "' ~ ~ I~ .... "' ~ ..... ~ cti "' ::, .!::l .... II) ~'-~r' --4~ - - ~: -II) .............................................................................................. , 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. ::, .... ... 0 u II) .!::l .... "' ::, -- cti ·;:::: f-< i:: ·s s s 0 u - •1 h,~ ·;:::: u '\.. ' t&~ Given under my hand this, cne ........... ~ z ~ ~ ~ C) 0 ~ 1-\ ~llt~ ��Trial Justice Criminal Court Docket No. Commonwealth vs. James .Arthur Herring ~7-10-44 Set for Trial Defendant appeared in person and waived a preliminary hearing. Held for a~tion of the Grand Jury. �};,/~/4.Zu-i---J-~~ I 37/i~ 1&4 ~ COJYIMONWEALTH v. ) Felony (murder) JAMESARTHURHER.RING f. s.?q~ I, lzo~-w-~ l #;d?/~r- V <( }'Jt(,,,Q., rra-v<--- 7 l---Q_ r~ iv l~(i/. fl ff~~ Yr✓ l- fiJ~ iv 7~ fl}~ t l) I I I // _, -7,J~6 ,. �... 34-2877 ,, �COI1LON'.iEALTH 0-:? VI JG I IA, IN TJE CI C IT C H'r OF S IIJ COUNTY: The erand for the body Circ it Court oaths da kill the jurors of the of do present of July, Count~ that Janes in said ATTORNEY AT lAW HARRISONBURG. VIRGINIA lockin at its Arthur County, one Guy P 1.tna 1, inia, in and ham, and now attending June tern, I:erring, unlav1fully against of Vir the 1944, on or about the u on their the 4th and feloniously peace did and digni t:;r of Cor.I!1onweal th of Virginia. and ..?auline LAWRENCEH. HOOVER Co'tlnEonwealth of County, r.:1his indictment ~rand the said 1944, and I!filrder of ju~y 1:erring, to give is .:o ind U!)on the testirony 7i tnesses evidence. Si7orn in Cot rt and of ~- ,,. Kfser se1 t be""'ore the �.. ;1U!OER --Indictnent C01}LON1Y.EALTH v. .JALfES.Al1rl'H1JRIiERRING Felony: tnesses: .June Term, 1944. \'Ji Herring I !I. Hoover 2. E. E. Kiser v.'1. Pauline Lawrence Corn:1.onwealth' s Attorney. (t ~::r ti t~t ~ ~~ r ; t' ~ �IN THE CIRCUIT COURTOF ROCKI GHAMCOUNTY,VIRGINIA. It the having attorney than for that commonwealth desires to summon more allovrnd b_x statute the maximum number of witnesses/to testify on behalf commonwealth Arthur Herring, is appearing set in the to the of said court that of Commonwealth vs. case, additional by statute the moning of such additional 3512a of the case James who stands charged with a felony, and whose Monday, for/the 28th day of August, 1944; and it further maximum of ten allowed cution to the Court the of the trial been made to appear court Enter: , Judge. ------------ \ are necessary doth hereby witnesses, Code of Virginia. witnesses beyond in the prose- authorize as provided the the sum- by Section ��IN TEE CIRCUIT co:rv •o COT.; RT OF BOCKINGHili TH GOU_rry, VIRGI IA ) ) v. } ) JAMES RTHUR HERRilrG If you find murder, ate ) the accused, as charged nitted aforethought, and prerieditated, degree rthur for find his punishment life, or for Herring, and that and that you will and fix the penitentiary J"anes in the indictment, with malice first CHA GE TO JURY guilty the murder it was wilful, him guilty was comJeliber- of murder at death, of in the or by confinement any term not less in than twenty years. If you find r.ent, but will and that that it find was not wilful, at If you find of murder twenty f' ind him guilty at nor of murder but find and fix less the confinement his five of voluntary confinement by a fine in jail then you and fix for not less his than in the first he killed degree, one Guy or implied, u on sudden manslaughter and fix for not less years. of murder degree, in the first nor of voluntary of involuntary punishment degree, in the penitentiary manslaughter, at confinement than one nor more than five jury, actual him not guilty in the second him guilty but that aforethought, one nor more than If you find of murder degree, heat, punishment aforethought, and Jremeditated, in the second him not guilty in the second you will in the indict- years. malice than as charged in the penitentiary Putnam without his LAWRENcEH.HoovER deliberate confinement nor more than nor of murder of murder, the sane was core.mitted with malice him guilt.7 Junishment five him guilty r:i.anslaughter, you will in the penitentiary years, of not exceeding degree, or, one year, him not guilty, you will for in the discretion one thousand not exceeding say so dollars, or by both not of or by such fine and imprisonment. ATTORNEY ATLAW HARRISONBURG, VIRGINIA If you find say so and no more. �J �INSTIDCTION The Court instructs degree is any wilful, malice aforethought. the deliberate /. jury, that murder and premeditated in the first killing with �.. �INSTRUCTION ~ The Court wilful, deliberate is presento instructs the jury and premeditated, that whenever the la~ infers a killing that is malice ��J_ INSTRJCTION The Court instructs the jury by the law of Virginia as murder in the second nd you are degree. by poison, lying deliberate and premeditated or in the attempt is murder der in the in wait, second killing, degree; degree. in the murder first further imprisonment, to commit arson, in the first that degree instructed starving, or killing rape, and that is distinguished robbery, all other and nurder that murder or any wilful, in commission of, or burglary, murder is mur- �,.f " �INSTRJCTION _i1__ The Court Virginia order instructs is presumed to elevate the burden the offense the prisoner. jury to be murder the offense of proof the that every in the second to murder homicide in degree. In in the first degree, is upon the Corrn:nonwealth, and to reduce to manslaughter, the burden of proof is upon ��6: INSTRUCTION The Court ful, deliberate, that the such intention the the jury and premeditated intention of time prior instructs to kill should time of the killing, exist killing. come into to constitute killing, should to the actual that It existence it is not necessary any particular is only for or any time previous a wil- necessary the first thereto. length that time at �. ' ,) �INSTIDCTION The jury are instructed be sane and to possess ponsible for satisfaction that if his from intoxication or other of the defense must be proved sanity charged. jury, man is presumed degree jury are on the defense cause, and the time of committing to be res- is proved to the further instructed of insanity, it as an independent a rational the offense whether to the satis- wnich is relied as may raise to of reason he must prove insanity substantially by so much proof at the every the contrary and the relies faction not merely until jury; the prisoner that a sufficient crimes of the 6. on as a fact, doubt and of his witn which he is ��7- INSTID CTION The Court dence, the jury beyond a reasonable offense charged evidence fense instructs that that doubt, in the indictment at the the accused ti~e between nature, and consequence tal then power sufficient they must find right to apply in favor that from the evi- the accused commission and reason him to distinguish character, that they believe, and further of the had capacity if believe sufficient knowledge of- to enable and understood acts, the from the of the alleged and wrong, of his committed the and had the men- to his of the Commonwealtho own act, �.. r ... ' J :\ -.; ,..., ). r II :t 0 r ..... J 'I. t j" r. ..L �~~a.NA ~~c~ INSTIDCTION -3.._ The Court the evidence, ring the nature murder deliberately, Guy Putnam, had suf/icient as charged capacity jury that and of a low order degree, that doubt, maliciously in the to know his and consequences in the first the evidence the beyond a reasonable wilfully, killed instructs acts even though of intelligence. they believe that from James Arthur Her- and premeditatedly indictment, of such acts, he is mentally if and that were wrong, he and understood then he is guilty they may believe weak or feeble minded, of from ignorant ��.. TH~ COMMONWEALTH OF VlRGI IA: TO THE SHERlFF OF' RO KINGHAMCOUNTY,GREETING:-You are hereby commanded to summon India Clerk, Rockingham County Selective uefore the Judge of the Virginia, at the Courthouse, forthwith, in a certain Court, therein Arthur Herring, Clerk, papers, charged the office County, of the of the to appear of Rockingham County, 28th day of August, of controversy in our said said you summon the County Selective before said l944, vs. James felony. command you that Service our said James Arthur Selective Service Court Herring, said India Board, Webb, to appear the file, records, Order No. 3014 in Board of Rockingham Virginia. And have then have executed Witness, the with and produce etc., on the Board, of Commonwealth of Virginia Rockingham as aforesaid Court matter pending, We further Chief Circuit Service Webh, Chief Courthouse the J. and there this writ and make return how you same. Robert Switzer, thereof, 28th day of August, Clerk of our said in the Coilllty and State l944, (,; in the l69tjJ. year Jf ~ i~ . ~ '7~ , Court, aforesaid, at the of the Commonwealth. L ~ ~~,(-, , Clerk. ✓z/ �\J �IN THE NAMEOF THE COMMO WEALTH0}' VIRGINIA: TO THE SHERIFF OF AMHERSTCOUNTY,GREETING:-We command you that appear before our Circuit at the Courthouse, 9:30 exhibits, Herring, etc., at the Lynchburg to testify, dant in a certain James Arthur to say on behalf at etc., admission Virginia; 1944. records, papers, Herring, and then and of the defen- of Commonwealth of Virginia and there the Witness, Robert against J. this writ and make return how same. thereof, 22nd day of August, wealth. coiony, all case history, commitment, the said Colony, Court Virginia, Herring. you have executed this orders, concerning case 28th day of August, our said and the truth And have then the Courthouse qf Rockingham County, and all State there James Arthur before commitments, of James Arthur case history, Court on Monday, the a. m., and produce papers, you summon Dr. Carl W. White to Switzer, Clerk of our said in the County and State Court, at aforesaid, 1944, in the 169th year of our Common- �~\~ ,.... ~' ~ t I l ~ t .• . ~ ~i''f- . t ¾ .~ �N Tii~ i'AM.u co '~101WEAL"'H lil• " Th W, commanj yo a_.t>pear beforo at .2..!1Q a. m., p perB, and produce c we hi 'tory, dant in etc .. , J runes Artnur an .in An 1 h ve then you hove executed 'litno~s, th this Courtl10 2,m t:oe.l th. J. sald all s, etc., . J..rJ.is::dcn _va1• ~rs, James Arthur c.ruch to say on behalf of 19~/u at recor oa2e hi.storyi Co:l,ony I Virginia; Co10monweal t Vir,.:,in1a, Virginia H ring n l then an i of tl e defen- gainst 1 • a. .1. tliere tl'is wr1 t an make X"eturn ho 1 ~J-.e !:'"I!e. H.o·oert Bvitz6r, e ·t.1e reof, dny o to Au~;uHt. ourt c :m:t:1itment, the Colony, tbe ,, ii oriers, nn",. all oase cf Herrin W. Whito of HooKine;ham County, our onoornin,_: State testify, a oort t)efore ll rring, at ·the Lynchourg to summon _Dr. Carl commitments, o-hibits, nu : ay_,, tbe .2§JJ! day of e, on ot' James Arthur there you 'i ~cui t Co rt our the Courthou that VI .t( A ;u.;;,t, in the Clerk Cou'1ty 944.t in the of our .~ai·l Court, anJ &tn te 169th y .:.,ar at fore:.1'::d..'l; f' our omr,on..,. �j 0 �August 22, 1944 Sheriff of A'~h0 Amherst, Virginia SC Coun~y De r Sir. l harewi th o i ;i al am enc osin.:; for a~ doc a on beh lf su0poena n oe.a:r o~ Gh ents D • C·1rl J ins,; in thi;:; '.!hi J. ·v t d a d co y of co,· .... onHe-lth this for eaili next st in ~- felony t.rial ,l. MonJ.a.:,r• Au, ;u.:,• 28, 19/.4j" convenience an, o ~io. r.:.han.r.;:n,; J u , I Yo·rs J. Jh0!r o .....:nos nal to re uce oer& n f n.~nt, to on erve on court. 0 su.m.a.1on~-; n1 ori te at. Col n , Vir.:,inia Harri J 1-la~:;e e. l.CUt.e at your oriJinale of verj truly, .return ~Lle �u u II !WO 'l l u l l t .. l C ..,) nl �Augu t 22, 944 Sheriff of Augusta County Staunton; Virgini Dear Sir: nn.l ¼U,t o py of c;urorrcms to bo served on James Walter ile r n_; Au·:.,ueta S rin > Virginia, totes fy fr th de endant in a. 1.'elony ~· se to oe trit-3d in this court on next Low'ay, Au.-;u.-t 2 th .. I orwlosinJ i1le • se execute tho oriJin here ·,1th orig t, your ca 'li st oonveai (;UOe nd ret-u.rn 1 to t~ s office. J. ~-obert Swi tzor, ClerK ��Serg ant of tho City Ly cho •rt,, Of Lynchourc, Virginia e r ....ir:. enolo ing here~:i t I ori~inal an.: copy or uJnmons o be served on Dr. G. B. Arno .:i, Lyne ure;, Virgi i.a, to testify on tn.,h l f of he comr:.onwd~ 1th in : i ulo1 y l ca e to ,~ tri~d Herring oc nex Ple tl"iC S/3 or1 e eo te i1an. ing in'1l to yol.;.., l in this ond J• ,t your iir io oft o urt a~Pinst ams A thur u~u t 28, 1 4~. ea:rli ._t conv-eni ~nee m OU JR ,:r.o s. ::,r.;. l eo O Ve!.'y truly) return �'IU 0 �In the Name of the Commonwealth of Virginia: To the Sheriff of B:ock.ingaam County, Greeting: You are hereby commanded to summon ......................................... :................................................................................... . ·····································N~····.··•••·c~77/:·· 77J··~··································· ,4:I~ • :: : ············•············•····················································································;,-7/~!·······•··········································································· ····•·•••••••·••••··Y••••'•••·••••••···• ......•..•••.•..•...••••......... to appear before the Judge of the Cire i • ourt of Rocki_p.ghamCounty, at the Court House thereof, at 9,30 o'clock, a. m., on the to testify and ..the/"f': .::l.,L ay oL ,::.:z.:;; __ be?t;_f;: .£{-<-~-~- .. . . .... . ... 19 6. /. 1:-::we~r who stands charged with and indicted for a felony miscl-emeano . And this you shall not omit under penalty of £100. And have then and there this Writ. Witne J. ROBERT SWITZER, Clerk of our said Co day of.. ............................ ~.: ...., 19H.!:;and in the 16.J. ......y ar of the Commonwealth. f THE SERVICE PRESS ~;f_ t, at the Court House, the ... t(~ ... ..l..d4~~ ..t::; Clerk ��Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................... . ········ .. ······· ......................... u.. 9 ....... , :.............. -/2) ....... . x... /....... ............. _..... '...)............. ............ (}.... .... "..._............................. . ....... ~ ~ ~ ··········································•#•··············~··~···········~---···················· •••••••••••••••••••••••••••••••••••••• .. ································································································•"'''''*''''''''''''''''''''''' :: :~::a:.:i:::,ea~~.:::g:h:f ..~/.~,~~:::r°~. ••• ~ ..~:.~~~~~ ..~~ ..~~~...~~~~~.~..~~~.se :e;£ 4 1 to testify and the truth tNay in behalf of the Com11 nwealth efore the GRAND JURY ...................... ............................................ ,................... ~ ..a ....................:...................~ ................................................. . who stands charged with a felony misll~r. And this you shall not omit under penalty of £100. Witnes~/BERT d,y of THE Sl!llVJCE SWIT~EP.,, Clerk of our sai~rt, "(i'"7 PR.£0, JIARRISONBUR.C, 1,,f);f.,J VA. m And have then and there this Writ.~ at the Court Home, the .../7 th,L'7!i::t::.r~ ............ ' C/e,k �summon to ...., DV del ....,..----..------------ ~ C><Q,_ ~~ --- ch in .oerso1 ... - --....... ___........ _............ - ~ . I... ~ ~ r\ ________________ _____ ,,.. ____ _ ~---- t---~ { -~ -----.---------·······-··--·-------------- of the within £¥-- �In the Name of the Commonwealth of Virginia: To the Sheriff of R~ounty, Greeting: You are hereby commanded to summon ............................................................................................................................ . ··········•···········•····························································•··········Z)~ •••••••••••••••••••••••••••••••••••••••• c_v ................................................................................................................................... 1/ ·••······----··•-····--------·········---·······················-···· ···········•····································································································7y_;;J ····••······································· --··-·---·······················································--------··-···-······-·······- ::;~:a•:'.c~:::'.'.'.h:1.~:•,::~•.~ .•El{:futt.~f.~0~1~1:~~~uct8-ous\;";Jf: to testify and the truth to say in behalf of the Commonwe ·····························. ·······•· l············{ .............. 1 .... -·-·---·················································-·--···--·--·--------------- ~ .... ·•·· ..... .,(_.A. ······y··•··· ··················•······· 1th against........................................................... . .. ~. -,L-.-<-A'. ·y .................... . ----------------·····--············································ who stands charged with and indicted for a felony m-isd001ea-rror.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 C<,mt, at the Court House, the-I.~ .J..... year of the day of... .........!............... ,. ............ , 19..........., and in the 16... Co:nmonwealth. £4/,,/ak~····························• THE SERVICE PRESS // ......,.. ( _I Clerk �COMMONWEALTH vsgec-<,,U.C<L ~ DESCRIPTION Last known address ________ --~_:_/_~ ~ OF PRISONER ___________________________________________________________ _ Color ___)(t"'_.::-:.___ Eyes ____ ~ ~~- Hair __ Marks ----------------~{---~~-~-:":~~-~ Age _____ 1-:_~_ ______ Date of Trial_ ___~,-- fl_~~- Occupation ____ __I- __________________ _ Y"___________ / 7 Y 'r---________________________________ _ Result _____________________________________________________________________________________________________ _ ��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 mis~faIDeano . And this you shall not omit under penalty of £100. And have then and there this W~ Witness, J.ROBERT d,y oL .....a~··'·········• THE SERVICE PRESS SWITZER, Clerk of our sai~rt, 19 dd,,nd at the Court House, the ..~ .. . in the 16.f . ye";:/ the Commonw;olth . .... / ... ~~..d~., Clerk �EXECUTEDJ/2:..!j-t..",f.N THE COUNTYOF R-:)CKHiGHJM:£y DELIVERING A TRUE co T ~X ~ Jt . ~ ~ t ~ - I*~ ~ r~' ~' ~\r �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, --~L~, ~H~•~H=o~o~v~e=r~ __________________ made complaint and information on oath before me, __ of said County, has this day ..._J_...,__,C""----"-.__.S._.w=a ... r..___..t'-"z....,,.._____,C ....... l""'e,..r...._k..__..,o ..... f__,T.._._. ____.,,_J_..~C.,_o"'-""u ...r'--'t..__ __ T. J. or J.P. of the said County, that _ ____.,J--"aum .... e......... s_____..,A .... r_t....h........,u ..... r__.Ru.e,.._,._r .... r_i.... n""lg ______________________ on the 4th loniously clllly,______ day of __ kill , 19.4.4_, in the said County, and murder one Guy Putnam, against did _ unlawfully and the peace and dignity fe- of the Commonwealth of Vir inia 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 ____________________ _ James Arthur~H=e=r=r~i~n=g_,_ ____________ ___________________ _ to answer the said complaint and to be further dealt with according to law. Given under my hand this ___ 7_t_h ___ _ day of__ Ju_l~y ____ -++--~~19 7 lf-Wr ~ ~ Memo. of Commonwealth Name L Cleric: Witnesses: Address ~or 4~ -, J.P. �,; no. C) " ::, 0 JUDGEMENT Trial Justice Court #<~ .1~-/Yf/ Criminal Docket No. Upon the fearing of the within cp.arge, C: ::, 0. "... It, f S'°!J 11»~;:;r~ ~;~·· ~· w {m}t}- ~ ad;i1 r James : 3 -< ;r ::, 0. ~~ P..~::, " 2 3; ::, n: ~r $........................ $....11. ...<>. ..0... Clerk's Fee $... 8- 5· ,. ;:;· 8- ~-·, I "3 -< 0 3 'TI ~ ? 0 O" z0"' 5· ~ i ro : ., ....,n ;fo C: 0-. 0: ::::::, "C:: n ~ PJ o'~ ~ g 5·;r C): ::, Sl,): :::, ::i; 0. " 0. ;r ., () "3 ,.... M ::, (IQ ;o ... 0 M: Q _: > ., " -~ i>" < ;;;· 0 ..., ::, 0. : ½ g,:: ., 00. p.:, ..... 'O < 'O ro:, oo: ., "... 8C:. " ~~. 0 g..g- O" ;:;· n -< 0 "... 00. ~ 5'5~ ~ o' -:r n 0.n "8- "'.,::, ;r 5·... ~ ::!. 3 ..., "... 0.n "::," ~ ~ " ~ .,..... ... .,..... 0 C:-< 0 3 &c{J-"5·"'... ~&6 -·::, :r a .;· ::, ._ 8-<> ,. ,. ,.3 "'-·0."' ., ::, ... 3 "a 0 ,. -· ~ t:. $.......... ~ ... ~ g_"Q~ -o n ... -· 0:, Arrest and Mileage 1C~ ~n n·· 5· g :r ,_. ~ E..::,M ~ -<~~~ a..:.:t."O: ~-g O i Jail Fees $........ !..~~- $ ••w········--·~---·-···-$.......t .... ······ w~!=.~ ... 0. ;; n 3 Officer's Mileage :, :r., ...... " -< ~~i Miles travelled by officer ····••···-----··-· Miles carried prisoner -·--·--·········· .")--J Total mileage Trial Justice •••••••••••••••·•· .;· 0. ., 5· ., -< 0. ;o 0 n ~ ::, 'O n 0 :, 0. ... 5· () 0 C: ::, :r ~ 8- ::, "' n ?;' o' ... 0 ~ 8- ::, 0. £.. " "() i>" 0. C: 0 ... ,. ;:i ::, "' 0. 0 & ...... & .;· 0 0"'::, $.. ":r ... ... " ¥" fil ;;· -< " ~C: () IJQ Commonwealth's Attorney < ;r ~ S!~ g; ;r ?. 8..§:~~ .,3 ..., and Mileage $...... .,;r IJQ '"1 IJQ., ... 19!t._y M: fJQ :-0 day of -· IJQ M :-l 0 $........................ M 0,.::,-- $..... ?.'.:. ...0 ...0 (jtf?~ z ..., ~,.-<g: &;'~n .... Trial Justice Fee - C: ">< ""'C: ~wl""t: 0 this ./c~.£ Total () (l ~ ~ ;.: ::, Executed the within warrant by arres ing and delivering the bod I 0 ;;;· " Mi -· -·" " zs;: IJQ 0. ~ M :,""~ Q QM<: ---t ,.....,,0 0. -< :ii 0 <. 5· ..0..'2: ('OM Arthur Herring 't1 < ;:;· ., l""t C),.,: ;rO 0 ::, ~ ()o.;r: -· 0 O"::, : .0.3 a,il ! 8- Arrest Warrant ~ > 3 < "... "e. 08...... -< < ::, a~~ i s~., a.' -ro,; p.:, '"1 ~ " ...... ~ fJQ Issuing Justice's Fee Witness Attendance i rt> ::, V Summoning Witness ::,-a..: O"'(t) 8- 0 0 0 "' e. " .....~.a..~::, I - ...... "'1 () -< "<" g ;:;·'j::·2-.o; ,~cAy Fine { ~~;:+::, ..., en ~ ;r ;:;· 3 ;r "' . ' :,""M 2"'~: R p.:, "'1::,: ., Commonwealth vs. • : 8 o.g ~: ~8-5.g! 0 --,. C: i-;-, <. ~::, .,::,"o.>: .: ::, " g g,~ s::: IJQ r "g "< <> 0 C: ::, -<' 0 ., ...... :, ?;' "' 5· 5· IJQ ;r 0. ?"' " g" 0. 8 " "'... -<' " ., "' " 0 & ... 0: " ;o 0 n r w ... "' "0...... ��Trial Justice Criminal Court Docket No. Commonwealth vs. James Arthnr Arra~ Herring 7-10-44 Set for trial DefendaLt appeared in person and waived a preliminary hearing. Held to await the action of the Grand J·ury. � 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 James Arthur Herring Subject The topic of the resource Felony Sodomy Murder Description An account of the resource Defendant charged with felony sodomy and 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 1944 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_014_009 Herring https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_003_commonwealth-v-jackie-hensley.pdf 4fcf06c8031e9f6aefa8468dc32a8192 PDF Text Text G. H. Parent Co. Ashlond, Va. F N orm o. 777 ~::.::.:::.~~:fl ~:-~•:_K_gI_i;_!_:_~L _______, Circuit In the said Court of to-wit: April county Term, 19 County The grand jurors of the Commonwealth of Virginia, in and for the body of the Rockingham , now attending the Circuit May against her, or about , in the year one thousand nine hundred and the did , feloniously her will, said county Court of the said within twelve months prior to the finding of this indictment, to-wit, on~ county, of JACKIE H:ENSLEY upon their oath present that said 55 with Evelyn seize, intent take to extort and detain the 15th day of fifty-five and in the l!;velyn Dale Lam money or pecuniary benefit from Dale Lam, against the peace and dignity of the Commonwealth of Virginia. Upon the evidence of E've lyn Dale Lam, Deputy Sheriffs Melvin Hoover, witnesses sworn in open Court and sent to the grand jury to give evidence. Dewey Haney and �AL'fH /rl George D. Conrad Commonwealth's Attorney A TRUE BILL ___ ,_____ _.___ ..,_ FELONY HENSLEY --- l { INDICTMENTFOR A ~ JACKIE vs. COMMO'J'{WE J,o �filedIn the Clerk's ice Rockingham Countv.v ~rf19ss ~~Clrk VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY ----------------COMMONWEALTH Bill v. of Particulars JACKIE HENSLEY ----------------The Commonwealth expects on the 15th took Evelyn day of May, 1955, Dale Lam in his north of McGaheysville cabin burned, force and detained leather barn belonging her against and then to her aunt attempted from her by force period her her, $2,000.00 a broken her with site of an old and against assault to Coleman's the woods where articles such pictures; 5:30 assault when she attempted and took pictures or certain a physical force Lane and into to exhibit and threats, by physical and thence by physical of her and that to approximately her will, during on her which George D. Conrad Commonwealth's Attorney LAW OFFICES HARRISONBURG, VA. • and of property ear GEORGE D. CONRAD miles John Hopkins by tying to the six where he made a physical her from approximately he committed to suffer her that Hensley, where the her will clothing by threatening Jackie he took her drove to Piney of her to extort he detained p.m. her and thence he removed part location against Lane where he detained accused, evidence car from her home about such place and made threats to escape the to the and at and rope, on her to show by the 7:30 which caused �---- ---------------- �VIRGI lIA! IN THE CIRCUIT COURT OF ROCKINGHAMCOUNTY COMMONWEALTH OF VIRGINIA vs. JOTICE JACKIE HENSLEY TO: Honorable George D. Conrad Commonwealth Attorney Harrisonburg, Virginia You are hereby at lOtOO o 1·clock case will, require th t on'Friday, notified A.M. the defendant through his you to file attorneys, a Bill in the above move the Judge styled criminal of said setting of Partioulars 22, 1955, July forth Court to the follow ing 1nfonnat1on: l. ployed Them nner, by the accused-in ·2, The manner means and instrument seizing, taking litiea used and detaining or em- Evelyn Dale Lam; of having detained 3. seized, taken 4. seized, taken 5. Evelyn e place of having pecuniary det T ined·Evelyn the defendant of money from Evelyn is aoouse of having Lam; is accused of having -l- the did defendant is accused le Lam; tha defend nt is accused Dale Lam; xtort money or other Dale Lam; of time ,• hich from Evelyn the defendant L is accused from Evelyn to extort Dale hich bonef it pecuniary Th~ length defendant Evelyn Dale Lam; to extort Whether Dale when the defendant The amount the Lam; Evelyn and detained benefit 8. here The time intended 7. Dale and detained of having intended 6, and means by which the defendant is accused of having ��Given under our hands this 19th day of July, 1955. aokie Hensley Delivered this to the office 19th day of July, 1955. of the Honorable George D. Conrad, I I ��Commonwealth v. Jackie Hensley CHARGETO JURY If you find the accused, kidnapping with as charged in the punishment at death, for life, penitentiary or, intent to extort indictment, not less than Hensley, guilty money or pecuniary you will or by confinement in your discretion for Jackie benefit say so and fix his in the penitentiary by confinement three of in the nor more than twenty years. If you find more. him not guilty, you will say so and no ���I ���[vi'-- Tu I" W.Y!?1- 1 ltl aUAH 1qc,c, / ~ ~ Ju. ff~ / , / �1!illthm -. ~irgitt ______ _ �--- r t t .l ep OJ 3in ° JovTH 31-Vl.f - IV o R Tff ~ ��N<! 12068 .. Deputy Clerk ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: 1.a..~ .................................................................... . You are hereby commanded to summon .......J..~.S..S..e ... McGaheysville, Va. .•·•· .................................................................... :a. ~r.9J.cl...A-!t;i.i.y ................................................................ . McGaheysville, Va. to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, a~ii(9clock., say in .... behalf ... ·················· a. m., on the ..2.9.tllay of the Defendant .............................. of. .......J.ulY, ................... 19 ..5.5to testify and the truth to in the prosecution of the Commonwealth against........................................ .-!..~.~¥.?:-.~ ... g~~~:l..~Y.. ................................................................. . who stands charged with and indicted for a felony ]fl~ 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 •...4.9.th .......... day of ......J..1µ..Y, ..............19.5..t, and in ilhe 1-$.9 �-<, i~) I - ,..:1 Juc26 195 Sl-ffR1rr'SOrr, (.~- RocKINGl-fAM -:..-). couNry -I ~~ / --01 COUNTY Ot U TED2-zP.T~HE A TRUE ~lIBC • BY DELIVER ROCKINGHAM HiN~--f!f}/2__, co1];::JJJ::,-11~r f)-,,.,P. -, TO ERSON • j,//t!P �Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .............E.Y.~Jyn. ...:P~.l~ ...½gm; ....~.nq....P..~pµ,t_y .............. .. ........ ~!1:~.!.~.f.:f..~ ...P.~.~~.Y..~.?.~.~Y. ...~.~~....~~JY.t~...~.~.~.Y.~~··················_.······································ 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.13 ....day of........ J.un.e..................................................................... 19 .55., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ..................... . vs. JACKIE HENSEEY ··•···················································································································· who stands charged with a felony ~floX. And this yott shall not omit under penalty of £100. And have then and there this Writ. Witness, ]X.R.~K/1<00~~oembeX?X'Yl!J~5@m, day of. ........... THE SERVICE PRESS, J.u.n.~ ........... 1955. HAP.RISONBUllG, YA. ..................................................... . .., and in the ...l.7.9........ yea at the Court House, the ..8.th ............ . �SECUTED G-II -,{ ti ,'IHE COUNTY-~ ROCKINGHAM BY DELIVER SHERIFF Jft)Cl<INGHAM COUNTY ~ I):) (') p 21 ---: /'Cl +-.\i / '~ l)--- (/', '- /__/ ::,g:r: <'. 0 m C:: C") C) 2:! ::z ,..,, 0 2S ~ ('""'J C)o ~ .... (D :r:..,., )>..,., c.n 3:: 0 c.n I-'• CD § ::r: I):) CD ::s ::s Q, (I) CT I-' < \..,J ........ 0 •• I-' A,.__ m f.:7,-: 0....0 0 Vl. Vl. ~-II .a . I):) ~CUTEDlz-11-~)IN 1-3 r,:;' 0 I):) 00 CJ ~Ztl) 'l:HE COUNTY ~t ROCKINGHAM BY DELIVER TRAWDERMA SHERIFF ROCKINGHAM coom, .<: ......... Q ~ en $1 CD C<1 ~ ~ C<1 g> a s 0 ::s c.o 0 0 a a0 ::s z CD I):) I-' CT p' �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby co • e name of the Commonwealth of Virginia to summon _________ _ , to appear before the Trial Justice Court of said County, sitting ---~,,....,,1'~--~_day of ~ at Harrisonburg, , 19 _.-~ at the hou, of ,.1.-£ Virginia, )r.,__ m said County, on of that day L<-✓ -==--------------"---------------------- to give evidence in behalf ofL--~----""--'="--··-· in the pending V. case of _0~:.....~*--''-4, _ _,.,,,. ____ ea;_:~" ==y hand this • ---,-------i----=-----ic..:...------------------- if iL -Gl.ez;k. Subs. Clerk 7-52-SM-Garrison �( '~ I~ ERSON. "' ::3 Cl> 0 ',:) C: O" r.n ff) ff) Cl> ::3 r+ ~ ,-._,-...,-... :< CO]fN)F TO ]f;;JaJ£-~~-~------ .. 01 \~\ / . ~*~ o&~ ff~~ t_ C I ~ 9 Cl> ; c-• \'. r> b\_:~.11'£~0-~B.f ~ /S ~ , ,,,~,{~ 8 A TRUE ~'5~~~~~ ROCKINGHAM BY DELIVEWG .C.:XECUTED.'2.:-J.r.~5:fN THE COUNTY~1: �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: Commonwealth You of Virginia to summon _________ to appear before the Trial Jus ice Court of said County, sitting at Harrisonburg, Virginia, 111 said --(j_ -J~ t. J ----~,_,__,~-day ,oL.._ __ __,'-'-...,..~1-----, 19~, at the hour of_-._,,.../.dl!_ ___ lf:::= __________ j to give evidence iIJ. in the pending _ County, of that day (~ ~,1.L case of -~-~-----------,-------,-------,--,----------------------- \ V. -t:lukSubs. Clerk 7-52-SM-Garrison on �_,,.._ ::I Ul Ul ~ tJ I ~ ,... :< .,- ~ ~ t ~ ;::i r 6~ '::- =~' '> ~ '1 -:,- /f·;"·./ ~~~ ~.~,-~\ -'-1 ~~~ {'~~ - \ o) ~ --· ~ ..<'.. u' y> <"""' E ~+- g::,;",'\\ ~~ ~~ 0~ ~~ .,.... ~ ~ ?.- ~- '6 i,j\ ROCKINGHAM COUNTI PERSON. ~~~THE-E.!N;j,,-, ROCKINGHAM BY DEL .&XECUTED 5::,1-!,:') .lN THE COUNTY01' �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: dge of the Circuit Court of Rockingham County, at the Court to appear before t House thereof, at 1 o'clock, a. m., on the ..............day oL ...................................... , 19......, to testify and the truth to say in behalf of the Commonwealth 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. ROBERT S frrZER, Glerk of our said Court, at the Court House, the ,r ..............day of ......................................., 19 ........, a '-----Cc:~~'---~>""c_~~~--~~:::::::--:~:.::-THK SEI.VlCE PRESS• HAJ.USONBUI.G• YA. ��,. In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon _______ D.r._._ ..W..H....J~J..Ph.9li,on Dale Lam De~uty Sheriff ••• _.::;..;;.,;;;, ...... ,.;;;,,;;..,;.,1 .••• Melvin Hoover and Oh--··-··--•-·--·--·-•·---------·•-···•·--·•--···-·-----·••-·-··•----····-··--····•······-·--··-·····-------·--···-···---·· ,....._Y.~·--rr···· eputy e 1 -·-Dewey HaI?,e1,___ ·-·····-··-·--·-·---·------···--··-··--·--··-···-·-··--·--·····-·----···-··---·--·--··--·----·--··---------·----·--··---- to appear before t~. fmlge of the Circuit Court of Rockingham County, at the Court House thereof, at._ o'clock, a. m., on the __ ?.9th.day oL.·----~~J;y ___________ ··--·---·--,Hl.:?_?., to testify and the truth to say in behalf of the Commonwealth against -·---·----------·-----·-····-··- --··--------·---·-·-------··-··--------····-----·JACKIE._HENSLE.Y ·--···-··-·-·---------·----···----·-------------·----·------·---·-·--·· who stands charged with and indicted for a felony ~.cam And this you shall not omit under penalty. And have then and there this Writ. ·witness, .J,Pq){@B~kXilt~~klX.U~ at the Court House, the 25 July 55., an --··-·------·-day of-----·------·-··---·--··----·-------·-, 19_______ THE SEIi.ViCE PRESS• HAll&ISONBUJ.G, VA. ·1th -=---. e Commonwealth. �Commonwealth v.) ,-Jitness Jackie Subpoena Hensley To July 29, 1955 at 9:00 a.m. \~ ;-'\! -'\! ' : I 1 5'/ s: I > CCI �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: Reese Hensley You are hereby commanded to summon ...·-···--···-···-·-··-·-··-·-···-·······---····-····-·······--···-·-········--········ to appear before th~!~1Ye of the Circuit Court of Rockingham County, at the co r.t House thereof, at tomo'clock, a. m., on the ___ ._?_5?·--··day of.. ____ ·····~~.~! .................. _, 19...~, 5 to testify and the truth to say in behalf of the Commonwealth . JACKIE HENSLEY against -----·····--·--················· who stands charged with and indicted for a felony IW~KOX. And this you shall not omit under penalty. And have then and there this Writ. Witness,JSP.Cm9~~1U)l'"~tXIX., ..?.-?........day'of ... !~.~;r·····-·················, 19 ..?..?.., an • at the Court House, the he ...... -~=-= the Commonwealth. ~ THE SERVICE PllESS, HARRISONBURG, YA. �Commonwealth v.) Witness ..r"\' )._ Hensley s Subpoena 1.e to July 29, 1955 at 9:30 a.m. Er1rx:I E-l PH \ z fl:l ....:l ~ -.t')I Q I l>i 1.1'.:l /. 2; ! c;;:, JUL26 195 HER/FF'S om OCKINGHA <C fJ ffi z E--1 :::, 1--1 ::..) r '• ~ 0 0 o:; at �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............... PJ:?.,....:W.,JL .....NJ.c;.hQJ.§.9-D...i ..................... . ..............E've lyn ..Da.le ..Lam; ... Deputy Sheriff ..M. L.•...Hoover; ........................... . ..............Deputy .Sher if f ..Dewey Hane.Y.......................................................................... . to appear before th~{t~e of the Circuit Court of Rockingham County, at the Court House thereof, at 1~ o'clock, a. m., on the ..~.Je.......day o.f........9.Qt.Q.R~.f.............., 19.22, to testify and the truth to say in behalf of the Commonwealth against ............................... . ............................................ J C.KI ..R 'Y............................................................................. . who stands charged with and indicted for a felony:xrnilmemerutoc. And this you shall not omit under penalty. And have then and there this Writ. Witness, JxBj)~~ ~. at the Court House, the ....J;r~..day of ....9.(tl;;.QJ:?.~r.' ................ , 19 ..5.5.., and in th ....... ~a 1th. TH! SEIi.ViCE puss. HAl.lllSONBllllG, VA. �Commonwealth v/) Witness Jackie Subpoena Hensley J To Oct. 21, 1955 at 9:00 a.m. >tz .·, _,... -; ... \} (~ :=i --< b r,-, 0 "'O ;--:, ..,, -< -~ z (/1 -;:'I C: frd Ji:; ."!'I 0 Q z N~ ,:!:" :,0 ;:o D C) (.fJ 0 ?- ! 1 ! -:i!E r:, :..:; f ::::> LL. 0 LL. (.) -r ► ==. -- \l • 1-;:: I ~- + -~~\ ~lo/ RtCEIVEO OCT IS 1955 ~t~lFF'S OFFICE ~INGHAM W,UNTY < :I: c:s z u ::.::: 0 a: �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........... ~.~~... g~-~.<?.e:~-~·~···········-······························ 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 of.. .......... ~~-~~.~.~:':.........., 19...-?.?, to testify and the truth to say in behalf of the Commonwealth against ............................... . ..................................................... JACKIE .. H:EN"SLEY ................................................................... . who stands charged with and indicted for a felony Il'i~~~~ And this you shall not omit under penalty. And have then and there this Writ. Witness, ~~~oo.mc~ he Court House, the ......l9 ...day of ........... O.c.ts:>.b.e..r. ......... , 19 ....5..5, an • t e1.?. he Com ealth . ., @e:,Jc TH& SBU'JCB PUSS, 1-IA.l.l.lSON•Ua.G, TA. �/tJ/J -1/'·5''· r.= tXECUTE9'_:'71 IN THE COUNTY Or ROCKINGHAM BY DELIVERING A TRUE coPY oF THE wITHINSum·w1o"'t'l Jk TO ~ jfj, IN PERSON. eLL. _,.9. ROCKINGHAM COUNTY. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: Reese Hensley You are hereby commanded to summon ...................................................................................... . to appear before the ~~ee of the Circuit Court of Rockingham County, at the Court • House thereof, at ~'clock, a. m., on the .....2J ....day oL.Q.~:(:;_~Q~.~···················•19..5? to testify and the truth to say in behalf of the Commonwealth against ............................... . JACKIE HENSLEY 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, lXJ!t0B~~·-li~JfilridK:£cmmt, ..J. ......... day of ..........~.'?.~.~~~E.......... , 19 .. ?..2., and in at the Court House, the e 1.8. ye .~~ mmonwea th. m THB SEIi.ViCE PRESS, HAJUl.tsONBUlt.G, YA. �Commonwealth v.) Witness Jackie Hensley To Oct. at •~.XECUTEDfb-..~tN 21, 1955 9:00a.m . THE COUNTY01 ROCKINGHAM BY DELIVERNGA TRUE ~ / Subpoena SHERIFF'S OFFICE ROCKINGHAM COUNTY �SEARCH WARRANT to-wit: THESEA~~~ In the name of the Commonwealth, enter t e sai~i!s to command you forthwith in the day or night to above described and there diligently search for the said ...........e.~ ~ ....... ........................................................................................................... and if the same, or any part thereof, be found upon s search to bring the same, and the person, or persons, in whose possession same are found, before the Trial Justice Court of said County to be disposed of or deal cordin o w. And this you shall in no wise o;xiH. Given under my hand and seal, this ......../.~. £....... . . .........:..-- .......... , �and arresting ...... ·····························A ............ ~...~~···~·····~~ ~:s~~b;~i~~~;····~~d ~!i;~~~~~···········• The within warrant executed in the County of.. 1 r ...... I C: <D en ..... en ..... 0 ~ '"i 9. en .... '• .. ::r: 0 z....:i ~::i,, ~ ::r: r-' z > C) ~ < -- "!1 0 ~ > !Tl ::i,, :,c:, ~ 2 0 Cf} t.'rj ~ ~ n 0 E: E: tf.~ • ! 1' �Comp. Form 18 l OF VIRG OF_-Dt-'il-f.~~~~~~==-::J---r To-Wit: No. ______ _ , These are, there£ omm d you, in the name of the Commonwealth, to apprehend and bring before the ~ Trial Justice Court of aunty, 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 J 5:t4day �STATE OF VJRGINIA;,1=9!)NTY OF !~$-via.,W._ ~~ ' that \ ~ 'AC )::,I l: and I I _ /-H:3N ~ ees ;8:,CIC I olS() C,. (fl:> be rend 8 sC. € y' ve ~his da~~ _Cl-~ tS/17~ ), to be made and levied of their :pective themselves indebted -.,........., Dollars goods a~,st chattels, lands, and tenements to tke use of the C~m~onwealth ~ t,c.,c:1e-, O I I If./ &- Af-i, Jf.1 to-wit: in and for the County aforesaid, State of Virginia, do certify ..~ Ji~.s~e~.- C ' &,AJ >& d, yet upon this condition: That the said of ' ~l;Js.Mia Juatice of the Peace to the Commonwealth of Virginia in the sum of ($ Ii- If 11,.,, V /f&ftl,{.,fiL:( County, on the 1 d 7 , shall appear before the d, day nf Tri~:ice to Court /Y),4 Y , l9~(? at ;;:) {TO / M., at I CN_tU .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 to remain in full force and effect ntil the charge is nally disposed of or until it is declared void by order of a competent court; and upon the further condition tha1. VH7IC.. C. liSG- 1> <::/I .S/'O.>G-J"6 Y· the said C / 6~ l-e shall keep the peace and be of good behavior fer a pcxiod of dayr from the date hereof. Nonappearance shall be deemed to cons~ a waiver of trial by jury. Given under my hand, this / '- __ '--cJ~~ %e ~ A'j day of ~.J.P. ... r t%l ~ n, t c:: n :, Q. a..'g . < s.. a.... ,. !" Er iii" :,- ..t t, 0 ... :,- (") ~ n, e. "i 0 :z: a: p 0 ii: :z: ~ l:ir:I ► t"4 >i ::z: .. ~ ')( ~ , ~ (j 0 'Zl .. s· ~ 0 ... ~ >-i 0 E. ~ ... "' "' B B 0 Vl C B El 0 :, ~ ... ~ OQ :, Q. :, n 0 :, '< (j ~ ... ;,;ii" .... .. ... :, .. s· >... ... .. Er ~ S' ... ..>... .. .. ... .. .. :, ~ ._ 'Zl ... Q. ' I ~ > "' ~ :::J~~ IX! .. - ii" '< - .... 0 >-i ... E ' :, IX! ... "' ... :, "' ... p \. Q. ~ l ... ... 0 Q. "' "' "' C Q. g_ "' '< n, ... ... .. 0 '0 :, ~ Q <lN ' '\ c.,- 1u 0 15 . :, F. ~ ... <: ::;· 0 "' n, ... "' 15. :, '0 '0 F ... ... .. c:r '< - o' ... 0 n, ... :,- .. .. i.:i ... L; ~- <: ::;· C "'C 0 ... :,- '"':J & l '° 0 ri g.::;.· :, 0 C ~ §: .. ~.... .... :, (j ~ >-i :,- En ~s· ..... -- OQ J( "' .... .. ... ~... ... 0 .... ... g C :, ~ \-! l:ir:I ~ (") n 0 i It Q. �TRIAL JUSTICE COURT Criminal Docket N<.>17980 A Com'th V. q_,W Appearance Date j- - j, ~ - ~- .l - Trial Date .... ,.1" ..- ~ .3(.,, ~ / ' _. I ~ a,;J?M- -.a:' ~= p,14· Taken to Granc Jury and •• above a'Jpearance date. indicted J before �w,s,- , ~ it <.vr.f - / ~ ~ 1- h -u.. �J Docket No. ~ IU( - c#oJ~ . OCT 195 ~ ~" COMMONWEALTH ~<,A, of VIRGINIA e _:±fr vs. #1 ) ) Felony ) ~,~ (kidnapping) INDICTMENT JACKIEHENSLEY Julian ___ Own K. Hickman __:__..::..==..;:....====-------P· (x ) Appointed d. ( ) " :' CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �l � 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 Jackie Hensley Subject The topic of the resource Felony Kidnapping Description An account of the resource Defendant charged with felony kidnapping 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_003 Hensley https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_001_commonwealth-v-iva-rodeffer-davis-coffman.pdf a0d167bca79f945318a9d49adbc78aab PDF Text Text ... , #2030 COMMONWEALTH vs. Felony (att~mpted abortion) IVA RODEFFER DAVISCOFFMAN I ��COMVDNWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand jurors of the Commonwealth of Virginia, for the body of the County of Rockingham, Circuit oaths Court of said do present that 28th day of January, iously did kill and dignity /1s LAWRENCEH. HOOVER ATTORNEY AT LAW HARRISONBURG. VIRGINIA before at its and now attending April term, 194?, upon their IVA RODEFFERDAVIS COFFlvIAN,on or about 194?, in said County, unlawfully and murder one Kerneda Bennett, the the and felon- against the peace of the Commonwealth of Virginia. indictment Mon~oe Fristoe sent County, in and ands. the grand is,nd upon the H. Callender, jury testimony witnesses to give evidence. of F. L!Byers, sworn in Court and �\ ) MURDER Indictment COMMONWEALTH v. #--'-~ Term, 1947. Foreman IVA RODEFFERDAVIS COFFMAN Felony: April A True WitJsses: ~«- Dr. F. L. Byers-' Fristoe 3. S. H. Callender VJ.·Monroe Lawrence H. Hoover Commonwealth's Attorney. �Commonwealth of Virginia, Rockingham County, To-wit: and acknowledged the~ebt<d -:::x:-~,, 7-¥'/-~-- - . . ~ ---- ~- to the Commonwealth /I of Vfrginia each in the sum of ___- - - - - -- - ..., __________________ -~-Dollars, ($_/4 \b -- _f'-OL-~, to be levied of their respective goods and chattels, lands and tenements, for the use of the Commonwealth Virginia rendered, this condition: t of and they each severally waived their homestead exemption to their recognizance; yet upon 0 That if the sai~-~~-~shall personally appear before the efrMn G8ttrt Courto f Roc k'mg h am C aunty, &,-~o~use h C Tr~stice's h ,,,,,~ o f sat'd C aunty, on t h e ____I --~---- d ay of ~-,/-f-¥}--~~-----~-------------------------, 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_____ ___________________________________whereof the said~-~ _ ____________ ________ 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. ss WHEREOF,I hereunto affix my signature this _______j_o ______day of _________------------ - ~ -------------· AIL COMMISSIONER) ��6 Arrest Warrant The Commonwealth of Virginia,} T 't Rockingham County, o-wi To the Sheriff of Said County: Whereas, Sam H. Callender, ~h~rit'f made complaint and information on oath before me, of the said County, that Iva Rodef'ter " Co. of said Coun~ J • C • SWar~z, Clerk 'r-. ¥. OOurt Davis Cott.man has this day • 4 T. J, or J. P. e ... t on the 28th day of Jan. , 194.2_, in the said County, unlawfully and feloniously did kill and murder one Kerneda Bennett, against the peace and dignity of the oo.mmon.wealth ot Y~gini~ These are therefore, in t~e 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__,__________________ __________________ _ to answer the said complaint and to be further dealt with according to law. Given under my hand this Memo. of Commonwealth Name 29th Witnesses: Address �JUDGEMENT Trial Justice Court April 15, 1947 Criminal Docket No. A-8705 kJJlrm:dm:kmu:IXfx~OOll!XDl!X, Commonwealth The defendant is held ror action of the Gr~nd Jury. vs. { Arrest Warrant Iva Rodeffer Davis Coffman Executed the within warrant by arresting and delivering the body of before Fine - Issuing Justice's Fee Clerk's Fee Trial ;ystice Fee ).., 1,:,,~.+ I, - :rV Arrest and Mileage Summoning Wi•tness So Witness Attendance and Mileage $ ....../,........ '?.... Commonwealth's Attorney $.. Jail Fees $........ A........ 0 _________ $ ....................... . Total - '11s-;;. .s .. .11,.f./. $. Officer's Mileage Miles travelled by officer Miles carried prisoner Total mileage Trial Justice ,f_A. �Report of Witnesses for the Commonwealth Monthof Whose mileage and attendance ~ 1 were not coll_ected by the Trial Justice before the end of said mop.th. ,·, ~ I I ' Fel. Pro. or Misd. WITNESSES Com.vs.J,AA ~ ~n)loA, 1. A91i.:'4'I, ~~JY 2. !f!!::r=1~. if (a 7/h /4'~ (/f:1-rh,~~ Days tendance Miles ial Justice. llld_/ u Total Mileage i!, .,r ,, Date I r<-t U ~~ 3.~ , '/i L. , So .I , S-D { I , , 0L ,.S-o S-b ~ So /,Si; 4. 1 5. 6. Com. vs. 1. 2. 3. 4. 5. 6. All witnesses summoned for the Commonwealth shall be entitled to receive for each day's attendance all necessary ferriage and tolls, and five cents per mile over five miles going and returning grand jury. (Sec. 3512) fifty cents, to place of trial or before ��\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 Commonwealth Dre Fauls. Hill, to appear before the Trial Justice Court of said County, sitting in said County, on of Virginia to summo.~------ 15th day of .A,Pril at ,...H..,a ..r._.r..__.i.,.s...,.o._.n..,b..._ur_..;g~,'--'VL...!l!l!i:ar-e ___ _ , 19 4? , at the hour of -~2.... :__ 0:..0=--·=p-'.-=M=•~---- of that day to give evidence in behalf o,._£ ----'"=o=m=m=ao:;.an=•.=.:::.a.l ..t,,.-=h;__ __ ...._ _________________ v. _ Ivy Rodeffer Davi Given under my hand this_ Co~~~ ,-, , 1 14th day of_~ 1 ......r~i=l~--...-.,_--,,-,, _ �Triai Justi:tee Court • ____ _.i.,Docket No. ~-2Q.5_ .. ( V. ( Witness ( Subpoena Ivy Rodetfer Davis Cottman To April 15th, 19437 at 2PMo �\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 Commonwealth of Virginia to summon ______ ·Dr. <Paul S. Bi-ll , to appear before th'e Trial Justice Court of said County, sitting in said County, on 15th day of of that day to give evidence in behalf v. Ivy Rodottor April, at Harrisonburg, , 19.42,__, at the hour of of.~~~11W,11.1rW~1n&ri.,.u~---+------------------- Davia Cottman- Given under my hand this........,1~4•'h----·day of--.A•P-H~-i,...,Jlc-----+-+--- Virginia 8: 00 p.f.t1:. _ �Trial Justice Court ( ( ·witness Subpoena ( Ivy Rodeffer at 2PM. Davis Coffman �\'1itnes$ Subpoena Commonwealth of Virginia: County of Rockingham, to-wit : To the Sheriff of said County, Greeting: You are hereby commanded, in the name of tpe Commonwealth of Virginia to summon ________ _ dBafADnpC, 'B,JJ,D$tt Monroe l'ristoe ........ .--------~--------·-------,,~e--r.-,,,...-.------------...._-~- to appear before the Trial Justice Cotrrt of said County, sitting in said County, on 15th day of April at Harrisonburg, , 19-4:7..., at the hour of of that day to give evidence in behalf of_..,Q._.o ...ro .. m ..... a... n..w..,a..,a ....l._.t; ... h...________________ in the pending V. case of ---"~ODJ-rn-a:.Uu:Ya.i0~3.ii').<lill>s'!ir,.h...__,--, __ ...,_,,..,,....,.._ ..-c-~--•,...,-. ______ Iva Rodeffer Davis •Coffman Given under my hand this.. 15th Virginia 2;00 P.M. _..: ....___ .______ _.;_________ _ _ �• .... t- ~ ~ • l\? (t' ~ If:. cc t- UI t- '1 i 1-\ 1; I[ '1 (t 0 Po ct 1-\ t-\ ► 0 = O' L t ~~ ! !HE COONTY OF n0 C ... '"':. 111 :: .. ~ CJ>- i:z.. v 1~ ..d £" ( IN 1"EI:t ~ U"'?':1Jf""' #~, ~dilt:S.I(.~ ✓ ......_, - 1"'€11?-{ERING A TRUE I r. p z ..... ...,.. COPY.9f THE WITRIN.~ TO . ~ .- - - . / k7 ROCKI NG EXECUTE~pTN "' ::s (I) 0 'e (j) ::,;" n 0 (I) "' 1-'i P l ..,. 6 ::s (I) G g.. (fJ (fJ ~ ..... ~ ,,..__,,..__,,..__ 1~ :< IH ~ 0 .i_~.· ~ ~~ # ~22 ~5 ~(!~. IN PEltSOtf. To~Xn,~ 'll' EXECUTEI:f/.J"'4?JN THE COUNTY OF R•.)CKINGH~1. DELIVERING A TRUE COPYOF THE WITHIN~ �Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .......................................................................................................... . : t::..:::,;,·.'.~.:~·:;;'._'~7-~' ~::/.~~'1Jp.;1r:1.:~. '.~~=:· ~-:'. ,:";i: to testify and the truth to say zn behalf of the Commonwealth before the GRAND JURY ............../. .... THE SER VICI!. Pa.En, HAR.RISONBURG, YA. �i s:'. O I t ' Q) : 0 . - ': 1 : C ,... �\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 Commonwealth of Virginia to summo •._ _____ _ e I to appear before the Trial Justice Court of said County, sitting in said County, on 15th day of · Ap:-11 at Harr1 aonbu.rg, , 19-4!1-, at the hour of Virginia. 2: 00 P.)I. of that day to give evidence in behalf of__,Q,.__.,.o~m ...m,..o ...nww.. ... M-..J-\,.b-.--...1-------------------- in the pending v. _ Tvy case of Rodeffer ____,O ...o...,.mm ......o..n...:w......,e...,a..,l._t""h ______________________ Davj s Coffman Given -under my hand this,__1 ...4-t... h____ day o~ __ _.._,..____,,,___,___,,_,,._ ~------- , �:Tr:ial }ustice Court ____ Docket No. A--8.205 ( V. ( Witness Subpoena ( Iv1 liodetter To April Dav1&J----G.ettman 15th, at 1947 2PM:. �Trial Justice Court Criminal Docket No. Com'th VB. Iva Rodeffe1· Davis Cott.man Held tor action of the next Grand Jury. . I /", �\ �#2029 DEC COMMONWEALTH vs. Felony (murder) IVA RODEFFER DAVISCOFFMIN ,,.- I L( /fr/" ,/.2;1A( / /( ��All the Jueticea Present: ' 0 -·- LTH 0 C "unlawfully, o t oc i O char-act.er ot which • b r 22, 19-8 ov county c did use ll nnett, e tto said r t ~h• d t t the 28th or J n ly and wil • rn d r in :r m le at in tru ju· 1 'th n n1 it t.he then, n tt there ttroy n ch un d to rod c borti thereby did unlawfully, m ch 1 or n t, ry, 19471 reon t.hen and 't r in loy in and d r and Kerned& d • L COUlfTt , on or OU bo y of on h certain t n 0 o vi f Richmon , Vir C C rt. ot o tf r CI C pr1l ~ena, 194-7, an in ict-aent. waa returned h t.be Circuit BY I 0 H Iv OPD I }. a.cord o. JA.S2 1 c rri intent id , teloniou1l7 n h bortion or nd wilfull 1ae rr1 •• *" Thi in ictment ( ac i , 194~), which tollowa: rovi e, under s ction 4401 of the Code o tar �---_Dl J.J'.h J a IVACI 1A a Ou L -- • :1 'l AI I l • u lb n .bn n .d .l lB 'l l. t t Ji :J l. l.t 1.[ ,:,-J-n ls rlJ J l I Mb "f ;i I .d.1 Oq!I !.td:. :, ."l &"I bn .o 'lJ (i ol I I t 1 .. j, i l ,. 0' , •• l e ::, �"It any peraon adain1ater to, or cause to be taken bJ a woman, or r thing, or use any means 1 d••~ro7 h•r t&Dbonl child, de.troy ri h , he three nor to or t.o produce abort.ion or mlecarriago, 8\lCh child or u such be confined in the penJ. ant than ten ·r. trial bortion or •- y not le than • • •" b r, accused, Wbioh r•~umed th1• Y ter Iva . ot 1n the un r t n in the Penitent ry ict: Tia Cot an abort.ion or to de y intent. r a rn chi her rod ot five • nt was Yerdiot th• ds that t now to ·o 1n trial: c d 1n accordance court tted these errors 1 the lect th to whether to prosecute tor the subatant.ive crime ot abortio an t. ; 1n Nt\la1ag to atrilr:o the evidence pt ve t.be th, • ; in In truction 1 1 1n re.tua or tor ti Ho. to rt.he aet aside the verdict n award the defendant a It. conceded in the r t1 evidence �d ,,, ~n .1a.l o::t I :, "lO 4 0,1 '1:83etn.t d ~ • nldj IJ "I •• 'l d:to JJ'. ·i -eJ: ol3'1oda "JO r ~u ·n 'l l .011 o-iq "10 erl 1 .[lrl:> I. nu ., J 1"tl) 0 a ;J ., .. J t f- . '1 9Dlt9 : lT Bil~ "I V - 1 1 •I !no 1t'le"t 0 !) t. VL ,L . • ll l L ' .an.t J .:in "l lnuq d ~ J L r l_.j,a! lo iJ n :, e 0 oJ l ~q ~ l! l .j .l Jl jj dJ' cr ... o.,:q :> r, .t-i• evl"' r,:J -d., 3 l:O'I ).;. "I • 'l I d!> I j l( ' .a 3 'l n :1 "• llL td '(O"l.1 _ eb - :)[II I l: -- :)., :) ;;w ~ • �was eutt1cient. ~o j ry fo th• defendant there r ot- ortion in tact, u y on o nd The case thi: n tt, rned Hatti onbur or t ri vi. or n1denoe t. or h 11 ted the aid h C ' t 11 tt • near d bortion waa .f resulting cial to defendant. h C onw l~b w ri ~ ur t.haa tw.oband. 1d her • rr n t rub t her ho in that oceaeion • • Irene r1 n • ' n ey Vi it th rt in .• • Cr ny pr ju ti bJ ~m•one Gthu C 11 u a youn co ld. h e , waa prepan, • it hr t ·by yet the i t.he death of the child, b. C 1n the adm1aa1on of 1rreleY 1..n ry h 't that because while the evidence . no aubad.t.td of the but lt 1 il~y, did no have a t&ir ~rial defendant ho a c nv ction tor an at.t,eapt• ot whioh o • 0 and Mrs. Bannet.t went into a bedrooa of Kr•• Cottman'• home, . Darts in the living told • and it y, l y ...... "'~u ... C out rooa. • tt t.o come back it no~hin& bad happened in t y in was id a 1t why they were r 0 rt en to aay to h ve ad A t t.wo a t.er, on J nu ry 27, ll' • Bennett, wbo �l ' ,. •.t erut l 8 J: e od ' • •• • • l l.1. J • • • 0 • • • • .. .t a evad •• • I 't I u 0 �nt h h • vi • vi o• tbe 'r id. taxicab wai~ing n aro Co • 1 r ro i C • h w • Cof a • at the Vin ty llinut•• t • D vi r C huab&nd, bllt t.al o h ott 1 • o, • Davi• tt ca driYer, • Cott- nt.o t.be cab. n • lit r • • put her to o tound 1th her ho Yi• then cal.led • You riv . • 0 Mrs. foll ry nervous • i J aoon. tt. or e a h floor b side the bed dressed, seemed h r f int d." on th ·i nn tt out. • 0 n over wlt,h aero a the toot ot the bed. t t' th d 1n tall, his wo n her to a boepital.• e t bout f In • 0 • o t Nre. Coftran call c•t rooa. 11ch ••nn-thirt1 went into the 0 race head near d • a here. nn tt ly1 • rr1yal beard o h h • drove to t t it asked ' about at, • Bennet\ t. liv n • via t • Januar1 28, 0 Yi&it, • Co 1th 't better h nn in VS 0 - tl and • • • ppo vi • froa t.be tirat C next ni&at, in a taxica. 0 X anot.ber to ock, t lt. ahe n in h • not t • Bennett and h r tlJ �t :>.trf 1 •1.t y oD .. I lrl:t- "tl dill I e .) loq 'I .., • 1:o • d.1 rl3 rl • vo-rb 3':tenn 0~ lv • "I l l 'l V v· " l"' • ...v d I .. J: an.td rl d "I I1: d~ 0 0 . :)ti • 'I .., • . "l o1 • • 11 • vt ~ . .l I • I d a"'tr r,: . r t l3 lL • • ... l& ' • " ' V a l riJ .. • j ' • .. ' ,>looL • V.t'1 �' been t 1 i t t r r C t Y. • water; that. , and not 1 1n OU etbook, awallowed thea l 1 on; to l r t.o th· i 1 h to ; t 0 d l o f a tt • 1 ••arched, ial value wa• fo\&lld. Mrs. Cottman told the 0 in • Co t.he lo rev .1.ut h l t r -she • Cof • t en1 d hav- en "· • 1 week t n for. t • in 1 • labeled 11 dir c io w1 one t r 0 r .o r nne • ~ t iption, • hether ' t to pay all lawyer' ot r ired • Davia ti.d tees it 1 • r." t 'co • oc f a n t • 0 wit.h later nd • • and r. Hill, Ci. V " 0 r bout d a ty ician n 1 city, �l • .. • �erforme except Thay :found no ev1d•nce ot extern! autop.-ty. tu1 a _inuto cratch on th blood c vity; ha v~ i~a; in cla t-her t rue out, it had a ::i no blood r gnan~ ut r 8 1n no .:~our months no inj ry to th, elin_.,,. of air ln th pr en ncy in it found they ~ 11e heart, development. f:lS there waa hero w ing nor ial ; there uterus ther 1n the cervix; ue from t.he pl cent ti perineum; a p ec omin l ul po ition nd ap art~ ing th • On openi.ng the ca.v.Lty. intact of ve y amall n6 _. the. u~~r n of bet een thre lung d 1ent t,o the .Depil.rt eDt injuries and , stomach ot atholo , Univ r t7 I , for of Virgin! te any !inding indic .,tudy. icroecooic ave it Dr. By th t, an abortion nd findings na thats a had dioG • Bennett•_ the c u~e or as to s s • ls o inion from. hia death. x.am1nation h d he n a.ttem t d on J. ul ot ir ambolis. • Bennat.t m her•o lood st,o ped tbe b by jiedJ when t.he mother d.ied. the death _. air abort1o "I felt ~h.u 1 .. , the d Hti ~hat the death ot the te~ua waa caua4td b) lack of blood; the dio not 'L'he rnpo t .from there when[ th.a~ b by died th t the r.etue died as a result of the .noth ~r; !'l t.h.at the death olim, ~ the ~1r e bolism "carne from the attempted and t i•" -6- of th -othe cane of fro �• J .t • oor J: 3 ,. a o.C I • 0 'lO.t C l I ' �r. Hill te n th it r aid • 1 • * * As i n th r t1f1 d ~ ot l uy, H s din t t ut.erua t t o t i aetor• any o ·on t i jeet1 c b ri o ni 1r examined b7 him. • t r ry o 1 • d that en att d iv , r is t e t. h bf uc h, p R. n ti 1 d an t, r or or th 1- ied t. • With 't o hie been a.a to the reau t, of bi• y could pt d; t r ut rus ett' • V He t..estltia d 1n det,ail t1on and 1 n n • of th t the d o tollftd ir into th o . J tt 1 ur~ t, bortior. r, b Dr. C n a rtio t, C U nor t, h niv rsit t r ive hie c l eYidence had been 1ntr ot t the only thin1 conen th t and on y •" b d obeenati i C 11 • or c o tied t ti . t theN no evidence ot tlon o d becau y evi 1.. ence it I d b t.hey had no 11&terial r r t e in h y ch �1 l • w l ll ~ .:t.etl.1 di ldt eo r "to l U 0 • ol I u l 0 so -J;v 'l ·"' • I l ... t .t • 1 l: t 'l!J - .t l • l �!ind the cue o deat.b; t t t.hera waa no e or de.st.h wit - -n tbe organs they e_th n r ·boli r m mu t examined. nat.ion ot t.he c us 11 Ha i Lit J r ect the heart, brain or lunga; th t ··t tn autopey, before t e organ r order Yeine r I ·••n could h 11 ta V bolls .. 1,. -.ih. y hav _ tlie r evidence to t_h t He furth t C 1n this oaee "it ke it 1.-0 t w vut J r£ ct.ly/ h V no ct. n on era-. s- - tt t.h t nati.iofii, abortion by inject-ion of air into tbe ut.eru• 1•, p•rhaps, the in t.hi a.n c • bee u a~ ai injured• co bol1sm, but he ~id not. ~h nk it thy atudl•d 1 t;be entire Uuin 1n unl d no~ and th re ,as no injur7 It ,t, by air ot oa.use . e w· D of air e bolit.:• ., r iestitied, air ~ la no no evidenQe I'd lik dde d, y that. th t ody; in ·the veino to let. it Ther• 1 was po1 ible. en lll ce. • r th .t. we cu.n't cl brea trom hie examin t1on of ~h• uterus that. a1r r.h ct any ~ t ru ·ernov d fro l<l have ~o be ao - d there , 1D; th·t ·I r in th ha•• be et v of th ost ha uterus h d been to the 11ni~g. 1.he CQDt.enl.1on of ~h• defend.ant, ...- ·1 .a pt d st.atll , that. �♦fH 1 & l J -ila. •etr6 I 1 fl • Alf . 40 j 8 - O•utA •llod lll • Jl.S "lo e BA .. I i ~o b 1 .1 t. Q V-'1 Ml ·"' I f'itbf .. •IOl!ll.! ., rl.t • J-a R • ,J •1• . ~ V Jad.1 _;nl • IIO~ • h ~ ..to.ell• .J Ii nv'l. 9j nlJ, 1:o .b.Cuoo ~ .;r .J i;a l . allod• "' 0 •:me gj ve e 1 d ' .ao Dl 0 'l I •rfJ o.1 t'Wtal edJ' ~ b ava,t "( al J .[ £ t 1. l d#aeb ' • •~ ••ad '{Mill .,1 b ■ l.b Jnt #'1d l l rw d rt~ j loo a :t e .,,..•o!q x.e-• 0'1~ no ,be!ll'1 t lo ~ ee.a..o l l -Tari.1 'lo rtl BA a • ,bu a• C j l u II II • JJ "ll• l ., •~lL b•I e U 0 n ;t .. ,'l b ld.:t al a.M' ,1u ad~ 1.o ,7}. •j11m ~ ld e.d1 n.td:.tw dJub "10 r 'l . dT ,l o • u --:, •dJ" nl - b X: .r{ t!-'>•'l-sttq I ns eriO joe\~• a· 1 el ..Jl" eeau j ~ I "1 d.:te J l w + d :I PC ni iJJ:U!J yerll l o nla~d tl"lNd l b d.1 :w •·uui 1 .bed1AWX8 ;a 1 d :J ;eam,L ~ • J bts 03 on X !ne on •• a 'l•IU J- !J b. .. br1 , be "W tnl .t .11 �1 of all io lC C t Of e •~at.ute by t.hla eat to the d waa r i.c1al t.Ae irldiot.Mnt.; n ly tri t, her 1 ony ot the C ab, int • on* or r er, notwith b r o • ' C U deat,b, •nt ~led tbe • y the it uc d lt.h ottered not warranted· r d f ta1la tor two . a cont t o t.hat. ah• was inc.Ueted tor aborctu t or the c u i a e ny eyi ence as to the cause of 1th to ca.on 1 P n ubj o. C 0 t ' an election the court t.o er d t the at V t. well bet t.h• retua o the C were warranted under ~h• statute ny, testi t, ub t refusal l of the tiv ( ichie, 1 rl a ) , C t and the ihdict••nt. • c to c urt tt n e 'elo aent t. ntive SU an indic at.atut.e. 4 2 • o or uterogest.at1on h ~ 1: not c uired the l - �eau o lo ell» eh dJ o3 e tn ed3 ~•.::tne'l"ISW:on baa ~•d o# Lal:o.tbuta-iq "••.1 a J II u lo a.ew rt l 0 a•:,a.s.l'1.111UJ:,~.to b I I •'1 olbal (1.s "1041: tf. ""d1.lw3on ,~•b-1um ,01 J bel"l.:t 1tllsu1o• ••• bt'lli J:a,.! noJ:.:roee ..,o nu noJ:iJ ti.1 3:>tbal, 'l l w 3J'8 sod ll • 1 1: nclane d D d J rl r"r 0 no.ta la JJ1 "I edJ v lw J 'l 11.1 :ii ~ ,;1 rJ rta t!O 'ab .1.6 rl tnoLe\ euJ'eo'l h l lil a"I erl Jul: al J ~ , l (J ia ol JJ xree. 'Jr .( lU 'l.1 b Jn ;J '1 .d ,.,1 .a ol.:t ..t -- 'I 'l -r l l n.t'lo "l w • no1el.u x. ad.1 '1 r!.1 .tJ l J ..tc l J ,.J &rl.1 oJ II 3 ~~l .,J)jJ;J, • .[ ..,l ;t cu..ta e 8 t C:. 00 dJJ ,J .:t"l OJ rl I 0 ) I a.t no..t.,,od O"le au 'lo 1, n 1 �o r o a technical 1 c ion r c , tbt ri C an indepltD.dent. lit. i 8t Jr., on, c. 77, 0 . Smith.21:, t 1 • r 1, p. )12; CogmopwealtQ O 1 no pl h C in en of th is be .ot d troy h t 1 t, 0 _t. if uc tetua in dea h ot th use r woman' unborn ci i ther by 1 All. . 1010 . i ted there c pr: Vides y rt • idenc• It V. .' . J. • 5 ,. thie case, bortion • 1)3; Abrgp v. Fqahee• 3 I w 274, 1 It. ia tion w in medicine between i be are tl8\l&ll7 •rnonymous 1n law. r 2, ; r child p .2.t to , or r uc r in 11 n o c an abo ti C intent :rtion, to and 1 . 3, I 9, 1-. t, •t . 9 • where th• puniahment waa determined bJ \dleeiher death reaw. eel t.o a quick child or on• not qu1ck. 7), ch. 187, )670, thil reterr.d 1n r cti tout ' t.o a c. ~ t ly court tr011 1 tlnc~io, r. nt t to another the Cod• or It. waa carried h r urisdiotion and in o Cocle, l 87, It baa not been construe4 > .1..nt. cons ve not been similar l �d • ,s ..[ ■ t ... t ol".:n .o r • ! l ;,.: .. .. ,I 1 l t e,,1 't ,r .·:uJt:. . :) C \\' .{ 1. • • 1 .v J'.t b ed.1 lo .d.:rvb Jt:d j .1., "'{d t UA!> !) l w ol:t io1 • :J "' dll 03 lne.tal • o1nocf A 1 ..,ed.:to 1~ .- • e \ I, I • .t d "'I ,s .q J fv JJJ 1 ".c. • woq Wa3a D. .v OJ11'ld.A;((I t awoI elm..t ..s\l;l J J,j ••-l "'· • u n cJ ll lJ Il I Olq 8 ~ '{MU ~ ••bl.Y0'1Q 1 •YodS • Il io n"lodru.i 'n.a t lQ. bl.It 1{ 't.J d eb 'lJ • J • .J • • J l( 'l boJ erlJ: ~ r .:y r I 0 n.t J'O I Jal 8 ,■,: b ea 0 0 l: l: rl! I, L J.1! "J LJ •ttc :! j .t rl l Jnltd .:ton ■u1l.unl V If aW • lnloq .3'tt &'ta etf,:,· :J .t ll , i{. UIJ '< �tat.ut•• nor • 1 detined y ev . , ot C 0 I tr 1, o • nd t t,he bortion• an n l l s ~ !.l •• J. 6 be u less. not t.o It . )J , 1 9 •• ~at.ute ~ in the t,o ~ute. It on• an C c u in and the child," tho.e t th r 1110rde inten~ and "thereby deatroJ o i po -n ToQPlhlll .Sl7, the ·t e letl.la, r The 11 n, tactor. nt coTered, ohild," -7. ·h 1n ..ent l ot l • t t to 1a all-1.nclueiv ;, • I bort.1cn, A~wr~ 1,) . u., h intent ro.ibition the oft.be deetro7 ber wiboni for no c. or ion. UHd en • 1n 1 ny t, 0 which the . clear trca the l ch of ro uc included. 0 1 p y and he c. , h or to no int.ant • 1 d t tu p. )13. t t1on 4401 or t.ro cannot .·n ti .i ata~ute the o"" at.atut,ee are different, OO\Ll"t.8 l I.I by to woulcl orde ,ere uaed Ray9p Cgll 921.l?• • S~l. v. §t,AA•• ( under conat,ruct,ion Or. x i p. ) , 208 an abort.ion • • 516, • !ollowa �• y t l l l .. • l J . C 0 en SJl. -1 rl I 1 l L ,J t .t • • • ( . • • t' • • �"' or ion ff ant that 1• in br l rt 0£ y be CU , tor d bi■ ca. bri r n 1n he 11.. y_h tr h t, r. 1 1 u , to es roy h ti 1 . t rrow l h th r 1 D of re 11, r u io ovi • 01 r b·, th n ncy s th ltin let, 1 t, in f t 1th rer renc ' m h our 1 not ~ .in no • b t 1th intent.I o! h ot cti t ilt7 o an bj c r - 2- r, h l:t, ot ch • deat.h ot th d t ana us d t by h t. 00 to 11 h ·on o! otlon ri • til .rue y il are i l t ro. 0 d n unc d 1 1 cl res, tl child. ot nd 0 in th • cri 1 nl n unb rn ture hr It t.be means uaed with that int.ent result int child. h n ry con nee• it pl re •••• ction 41.0l--t --s t.ua or u i troy t. ortion, onl.7 \o preuture ~1rt;h. It 1 a ctod to t th ry 1 h l y d y the 0 connecti t tut. h. h y none lt t of bi t ditterent r r the court. Mid: t try r 1 ' 0 •'" the :x l d ..ch ho h to . 111 1 r int 1 in nded ki l sult £ �• l �h -- n d--tl 11ty or p tr the The rt.1 ma; ia 1n t WlCt. d ... ~o l t.o y in the r. l ' 1. • l d •• f ... v not her l i n n 11 C d b h r !.r t.o 1 • con"-.-.. r t • io , it n j 31., ' 1na\lf'f1c1ent. t.o proYe the 1 r i le • co ic round. it } . 10. t The probative value ol that evidence waa or the their 0 0 • ..~cti c. r t.ute i 1 g in rt th• 0 OW' re n an C uctio d t ju.nc"1 the i Ye tr ~ t, 1 0 1• xt 0 ..... 0 0 .:. o not h • C I h t d n. O or the c at,a'tute • used, t t ...l"l or the -ucti cc Yer t t d. t way. an v.nint.ended a~ id• ul , it d V C - 3- b ...!cult, o y ho gu.ilty u n ut 0 the av reaul ed in it 0 o ...ible, �l o ii b bn " .aL 11 "'l "I rli:t rw .1nt 0 U l . I 1.10 • ... l .. I • t �e l 1 n In t ir t ol l 1 C i ' . 1, it ph th on rn ohi ro., Bennet.t , 0 the mp 1 d. nn t, 00 1t , to d 'O uce committ. r nnett d h th jury With int. r.t. t ·n ort on or 1 y ct or on t o tion p • t "by any me r to i id l u ere h• e tro .. 0 C t.ion or 0 re ct rri ( to rn d 1 di d C of l 1 act I or n t.h t fin y th r 1 h id unbol ilt C 11 c~.r t vi ffer 0 d in t of!man in 1ct- 4 ment.." w t 1 o.1 ilty t n ub .itt kill d to d • r t int. t CU in tl 0 t th cone 1 0 1 n Lt. It did submit-that .ci t d run v. t t t d th rn • r i ..;1ue, but it 1 h th r - to d C de d- r th uch c ult bin un ie h t th ory, ·in -1 - h not nt1t o on nn tt es.troy id d j Co • 0 ild tt, r • ' y fo h erroneou ly th h 1 t ot ..,ur 0 ob 0 th t th t tro •ld h or. t. tt r It • not co . 1 ind r crap d b., t thy j ry t C ...ollo" d to •1th ld by • bl t tha\ V t • �\on J tf .1 .t rl.1 ~'l.1Jt t . l'l"l t .tJ Io~ l °?0 Lo o3 "{I 0 b a.talc;. oo !, l ,L .o .nol tr u . .t i L!"l.,&CII l ~ . .:t"Ul • 0 llrt bu 'l O"'l.:te b bo3 l ,t " l i.l' J od . .J :J • o b l.&l L b "lo tL "(d bewolLo'l oo LJ. s • 1 t l o t " I j ... - n , .t.t:1.rn �th tc d to t.h bm.tt tion the defe d nt waa or ..or 0 inter h . to on ~ ~ • ar tl i • !ctm qu ~tion th .1tt ~ t ::.o r tu·. ut Se f!.,lJ ~ u fin ,t ; the fir~ ch r .. d tt.er ·of la Q· to trike 1 r O- a.in ...t thi&: c1 r~ndar.t t n u.r: iJ t,h urt ·ill Ccr.~~ n ea'.Ith jud:l.<:1..:.. rerapee for the murder r c se of Mr • ner, i t I nd the ju to a bout it. be con<! rn d t ith Ficek a. 0 ue in thi ti xpren~ no opin1o .t it out illith it 1 c ·u t nor thi ' ai an i .... .nson v • Co m.onwealth. 1 he de fen • nt tri nlf2 !Ii !:ec:ond t no u .. :ion n0t i h-r evidence berore thfil jury related or th B nnct t , "'ti ch t_ C ctlllrg0n • TL· u on the and the cri a11ti'f[) f.:iUb T e • ro. acute ent below that n if.I �• ! �VIRGINIA: tk ~~ in Iva Rodeffer o/f!lkkwnd Davis against on de 22nd Monday Coffman, ~ o/November, Plaintiff in error, Defendant in error. 1948. Record No. 3452 Commonwealth of Virginia, Upon a writ of error and supersedeas to a judgment rendered bY the Circuit Court of Rockingham county on the 19th day of March, 1948. This day came again maturely considered said arguments ing and and filed complained and that the of with of. damages and also in error her costs of the record opinion, there that is therefore by counsel, of is recor~, the plaintiff parties, transcript counsel, the It the and the of the for considered that the expended about is Defendant in error's Attorney I s fee Printing brief Total ordered costs: to $20.00 24.75 $44 • 75 in the be/certif1ed to the aforein writ- judgment same be affirmed, dollars her defense herein. circuit court. forthwith Which stated pay to the Commonwealth thirty by her having judgment reasons is no error court said A Copy, Teste: Clerk. Teste:~k (~x~ �Writ t=a-x _______ Pr,in t i.ng__ _ Attorney's fee ____ Small fees ___ ..;.._ __ Transcript, ______ Printing brief ____ Total _ _ _ _ _ $ Teste: ~---------C. C. �:~~:d• J;~;;~~f!lt:£:'.:~:~:;i~~ 712~ 6492 of __ ~ ~ = For t ~:J.:1.·-:;;;f[,f1_; 1_:; ;, _; ;:.._: ~(JIN SETTLEMENT OF THE FOLLOWING ~ /4~)f : I ::: ACCOUNT I D~fu~ AMOUNT II, Pa? " " lert Deputy Clerk �- -- . - -..........~_,,. ................... ..... - _.,_. __......-... -...-- ------ - . - - -- .--........--- ................ ...,.......... -·---.--..---.............. - ....-....,,.-- ---..--- Id •' r 'l �In the Name of the Commonwealth of Virginia: .. To the Sheriff You are hercb~;f~mf,.andedto summon.............................. 0 ·······---··-- of Rookingham ···-· ·-································ ,f:=~=~~~~~~= ••• Greeting: ~:···::iij•·········- 8 ~i ---···························-··-························-······-······························-······· ------····-··-········------ clttnty, ·······························(J ·~······ ··•·••••••••••••• ------····················································· -----·to appear before"'the Judge of the Circuit CouJ..D.° f Rocqingham County, at the Court House thereof, at 9 :30 o clocq, a. m., on the.../.CTl.....day of......J~ 1 ~l· ..,........ 19.. to testify and the truth to ••• ;.·:·:··:~~·~:~:x~:c_~rr~~=~= Massnnetta Paper Co. Print NO. 5 ��Commonwealth of Virginia: To the Sheriff of Rockingham Greeting: t~~":~····································1_···············• ...··········LJ···t.·· ·;.;;1··············· ... f:. ..... r;/,... ........ ~l~..... You art her;/; comma~ ~....... ~7 ... J.., .... f.~·-;····lhn,_&1.V ...................... County, d:.41.ih..t. ..... ' . ••••••••••••••••••••••••••• ..•••••••••••••••••••••••••••••••••••••••••••••••••••••• ..···································••"'4••·················································· ···························· ..············································· ..····......................................................................................... . ~ to appear before the Judge of the Circuit Court of Rock.in~ at 9:30 o'clock, a. m., on tbe ....;/~~ County, at the Court House thereof, ....day of........................... ~,.···~···········........................ 19 .#,., to testify and the truth to say in beha/,f of the Commonwealth before the GRAND JURY ...................... • ,............................. ~.t! ·~'ft···..········t::)····..···................. j1f............'(D;;j}~·:•:~·~ ...... r:.. ·················~········· ........................................... ~ ......rr.d.~ .....~.....;o,,r..~ ................... , .................. . who ttamh charged with a felony 1'f4.~4eme.anar And this JOf! shall r,Qtgm.it unt/a fl.enalty of £100. And f?pve then and there this Writ. Ml!l,tlf)Clli ,y. Ho•lrk, G,,rm•naJ£'1 l~K.S /f"'ff'a~IY~ Y, ? ? -~ 11 Witness, '].. RQBURT SW!TZER C{w of our said Court, at the Clurt House, the .....'!I..~.~ .. day of. .....~ ............... ul//·• and in the ..{!L~ ..year of o TH ■ SERVlCB PUU 1 HAU.ISONBUI.C• YA, r .. the Commonwealth. .<:#effl-~ .., elak �IS Ill) C . .. -= i : 0 '00 .; 'O ;:: ;;:: .... 0 z '0 0 Jll ... IV 0 G) () as Q. ... ! ~ .s J:J CD r.l > c• .8 al gb a.-~ 4 -; ft! ... 'Q "'~ ~ .c £ ::., l ROCKINGHAM 8Y DELIVERING A TRUE COPYOF THE WITHIN~ TO .LH4nf4¥t4 9--:. --,-71-fu-//,l# IN PERSON. Ji1£'.i~ 14, ?Untte -1Pk/411t¢fo ""jd.J/'fl 4h11 ftf'>~'41. Jlf'.«/,, _d~,1 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon··········-······················································-···-··················-·························•···· THE SERVICB PRESS ��IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,.VIRGINIA. Commonwealth vs. On an indictment Iva Rodeffer number of jurors to the Court that in attendance to have a panel of twenty persons the trial of this case, it there upon this free c. Suter, Chas. Fauls, be summoned forthwith Ney, and F. Barth Garber, Judge. U/11/47. rf8l].ar jury to appear to serve as jurors aforesaid. in H. Taliaferro, whose names have been drawn from the current list, Court in order Warren Good, E. C. is ORDERED that Irving are not a suffi- from exceptiom, Wine, H. M. McCool, Homer Simmons, Julian F. (abortion) Davis Coffman It appearing cient for a felony �' �In the Name of the Commonwealth of Virginia: To the Sheriff of Rookingham as xsl &@.1.&...'.. County, Greeting: .t .. .t...............,J y OU are hereby commanded to summon.......·-···;·a._, .. CI::1~~·)--··· ;;vt;···-·· p ~~7--···-·········································-························-····· c=······:.../r....: ~E...t:..::::~·--- ...-...-....:~:::~::::::::::...-...-....-...-...-....:::~:::::::::::::::::::::::::::::~::::::::::::: ·-----------·------------·------······························ " f,t ------------------········-·······-··---------- to appear before the Judge of the .cIJi!.~ Court of at 9:30 o'clock, a. m., on the..//~ s«) Rockingham County, at the Court House thereof, of_....lf}::-~ ....... 19t/..f to testif]} and the truth to in behalf of n,ho stands charged with and indictedfor a felony misdern""""r. And this ]Jou shall not omit under penalty of £ I 00. WitneJ3, J. ROBERT day SWITZER, And have then and there this Writ. ftl:1-~:f~.:;;;::t· ' ,, _J:rL!&{____ 19.E/1, and ;n /!''. Massanetta Paper Co. Print ~ Clerk of our said Court, at the Court House, the....Lr!. .. Cle,; FORM NO. 6 �~£~~~~(~ ~- �In the Name of the Commonwealth of Virginia: To the Sheriff of Rookingham County, Greeting: You are hereby commanded to $ummon......V.'3-da Wl'!!.:!;~~.!. ..1 :N.Q.:r.~ .... ~.~.P.-_g.!..~, ~.!~J::~..J~_iller, ~..1tec.ned1-~•·-:alld··--Lill.ian ...ll~c,1rdy: -------·--~-·------------------------·······-·········· ··-······························· -------~-·-....,...·-----·-------------------·················· ----------------------------········-····-····---to appear before the Judge of the Circuit Court o' Roc/einghamCounty, at the Court House thereof, at 9 :30 o'cloc/e, a. m., on the..ll.tP.e.day of....... JJ....9.~~.Q~.r........... 19...47..to testify and the truth to say in beholf of the Defendant in the prosecutionof the Commonwealth again&.___--················-········· --------..c.-~- Iva Rodeffer ..·•·•• .. ..... Davis Coffman ••-••ooOOOoUOoO ·---·············-·········-··-------------- who stands charged with and indicted for a felony ~ And this you shall not omit under penalty of £ I 00. And have then and there this Writ . J. ROBERT SWITZER, Cler/e of our said Court, at the Court House, the........ ~.~A .... . day of...... Dec.emb.e.r.,............. 19.li,7...., and m the ..l.72.n-d ......... year of the-Commonwealth. . Witness, ·····•-••4 Massanetta Paper Co. Print A, v,, 17 ••••-i1::i ....+t .........~.. - ·····················• f. FORM NO. 5 - 1 (!;I �Iva Rodeffer Davis Coffman ads. Commonwealth Francis s. Miller, 1947 December 11 p.d. �In the Name of the Commonwealth of Virgini3i: To the Sheriff Albemarle County To the ~~f~[/1/~ You are hereby commanded to summon Dr• J • R • Cash,.... .!................ . . ........... --------------------------------··························· -------------------------·····················································-·············· ------------------------- -------··························· ------------------·----------------·················· 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 thal..lth ...day of.... .ec.e.mb.e.r., .......... 19.47...to testify and the truth to say in hehalf of the Defendant in the prosecution of the Commonwealth again&---····························..... Iva Bode!fer Davis Cof!~----------···················------···-·······························································-········· who stands charged with and indicted for a felony ai~X And this you shall not omit under penalty of £ 100. And have then and there this Writ. Witness, day J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the......... 8.th... ·~:~~:1~r:;;;l.~~~: o/.•••••• llec.embsr.~........... 19•••• 4.7..,and in th:... Al: Massanetta Paper Co. Print ,,.~ - Cler1i ~ IL �IVA RODEFFER DAVISCOFFMAN ADS. COMMONWEALTH 1947 December 11 �VIRGINIA: Appeals In the Clerk's Office of the Supreme Court of at Richmond on the 29th day of July, 1948. This is to certify Iva Rodeffer Davis that upon the petition Coffman a writ of error deas has been awarded by one of the Supreme Court of Appeals rendered by the Circuit the 19th day of March, Court 1948, Commonwealth of Virginia a felony; said discharge the petitioner or to release supersedeas, her bond if and superse- Justices of Virginia of the to a judgment of Rockingham county in a prosecution against the however, from custody, of said on by the petitioner for not to operate if to in custody, out on bail. Test~ Clerk. To the Clerk of the Circuit Court of Rockingham County. ��INSTRUCTION _j__ The Court instructs in this the jury case, beyond a reasonable that if they believe doubt, that Kerneda Bennett was pregnant ith child on January 28, 1947, and that Davis Coffman, by a[\yi means, with intent produce an abortion or miscarriage did aqy act or acts to destrw Kerneda Bennett, or acts, destroying on that date the accused, Iva Rodeffer to destroy on the said Kerneda Bennett, said child or commit an abortion committed or on the said .of said act then they will find the said Iva Bodeffer Davis· Coffman guilty said unborn child,as the evidence in this instJ:Ut:ts hlle jury . case, beyond a reasonable child of the said Kerneda Bennett or to that or miscarriage, as further from the evidence that such abortion if they believe to destroy the unborn roduce an abortion or miscarriage said child or commit then they will find her guilty charged in the indictment, from doubt, that on said date on her, committed or did aqy act or acts to destroy such abortion of charged in the indictment. Iva Rodeffer Davis Coffman, by aqy means, with intent #If said unborn child or to and the ssid Kerneda Benrtett died as a result And the Court further abortion, from the evidence of attempted even though they believe said attempt did not destroy said child or ~roduce or miscarriage. ��~ INSTRUCTIONL The L:ourt instructs is an apparent unfinished viz: (l) The intent the jw.y that an attempt in criminal crime, and hence is a compound of two elements, to commit the crime, and towards its commission, but falling design. It need not, therefore, (2) a direct act done short of the execution of the ultimate be the last summation of the crime contemplated, ap arent~ law proximate act to the con- but is sufficient, adapted to produce the result intended. if it be an act ��~' y.f (!_ INSTli'UCTION The Court instructs reasonable inferences the Jury that from the fscts be founded entire:cy- on circumstantial the guilt of the defendant you can and should draw proven. evidence beyond a reasonable A verdict of guilty if such evidence doubt. ~ shows ��INSTRUCTION The Court instructs the jury that the burden resting Commonwealthto prove the accused guilty offense and eve-ry material does not mean that guilt beyond all reasonable element thereof, it is necessary doubt of an charged against the accused, for the Commonwealthto establish of the accused to an absolute of mistake or to do more that satisfy as a whole the accused is guilty upon the certainty the jwy thereof or beyond all possibility that upon the evidence beyond all reasonable doubt. the �' �INSTRUCTION The Court instructs soleJ,y upon the question riving at a verdict the jury that the issue in this of abortion or attempted abortion, case is and in ar- the juxy must not undertake to pass judgment upon the accused for the death of Kerneda Bennett. �" �INSTRUCTION The Co~ testify creates or innocence, is entitled instructs the jury no presumption her failure to consider. against to testify that her, the failure of the accused and in considering is not a circumstance to her guilt which the jury ��~ KI The Court of an accomplice instructs the jury must be received accused, that with against the either by fear reward, you must weigh her testimony the great testimony care of punishment very carefully. and caution, or hope of ��The Court convict the accused consistent instructs the Jury it sufficient with her guilt, exclude every the evidence that considered creates all hypothesis after guilty; then for it that weighed, in this convict. Evidence be proved which the of every of several however strong, is never tends for theory which invests it or hypothesis however, great is guilty find satisfied beyond all of the crime charged her not guilty. ~ against all some other leaves to theory exclusion with the it uncertain or establishes such evidence the Jury reasonable to assuming the probability the evidence of sufficient is the actual is true, amount to proof, if from all or conclusion mere circumstances and where the evidence theories and a verdict to prove, of one theory, they are with of the crime where, in favor case, be if such evidence is never sufficient, evidence analyzed is guilty more probability this consistent to justify be true; of truth; case, the accused may still other evidence and actually only an inference is not sufficient suspicion, or hypothesis the or theory having the evidence suspicion charged, that to she can be innocent. in the minds of the Jury or strong in order but it must go further reasonable Therefore, force is not that which only cannot may be; hence in cannot doubt him, it that say that the accused is their duty to ��The Court instructs Commonwealth to prove, essential doubt be raised is decisive a verdict crime necessary by the that has not and narrow the burden reasonable charged to establish evidence, or lack the form prescribed every guilt such the since accused, that the guilt in the precise, by la~. of the of evidence, means no more than been established doubt, is on the and if any reasonable and the Jury must acquit of "not guilty" of the accused specific beyond every of the of any element accused doubt element the Jury �.. �The court accused to be innocent competent evidence, sumption until at every sufficient that her guilt goes with and applies is always the Jury beyond all of innocence whole case cases instructs is the law presumes established reasonable doubt. the accused stage to turn the by This pre- throughout thereof, the and in doubtful scales in her favor. This presumption of innocence is not a mere form, to be disregarded by the Jury at pleasure, but is an essential and substantial part it of the law of the land and is binding is the duty of the of this presumption beyond all should reasonable acquit ~ her. Jury to give and unless her doubt by the upon the Jury; the accused guilt the the full and benefit has been established evidence in this case, they ��INSTRUCTIONL The jury are further instructed must alW8f S be scanned with great of guilty unl.ess the circumstances tendency as to produce in a fair caution, that circumstantial evidence and can never justify proved are of such a character and unprejudiced of the accused, beyond all reasonable jury believe from the evidence that ~ach and every circumstance a reasonable M--- and mind a moral conviction of the guilt to the conviction a verdict doubt, and unless the essential of the accused has been ma.de out and established, doubt, then the accused should be acquitted. beyond ��~,.....,►,-•·· rJ-; l Zl I ... ,__ ·------ 4 - -----•--""'- �•. I I I. I I .. ��• + ��I l �.. .-~ ....... -... - ...... ��-·-, •• ·• ~ w ezavWti£1TtMf1Z®~~iifllilM• �The court find a verdict instructs upon the unsupported such evidence is to be received in this warns the case, the on the unsupported jury testimony jury that, while testimony with great of the danger of an accomplice, caution, of basing of an accomplice. they may and the a verdict court, ��The Court evidence instructs in the case, both for the Jury, after evidence, the arguments ference element she cannot the Jury that entertain necessary be rightly if upon the whole Commonwealth and the accused, and deliberate of counsel among themselves, any essential accused, a careful the consideration and a f'ull and free any reasonable to establish convicted of the con- doubt the guilt as to of the and you must find her ��The Court instructs ponderance of the evidence defendant, and if there fact or circumstances cence theory tending to establish a part and the Jury arriving conclusion at their true, verdict most favorable in this then evidence it to adopt in favor entertain a prethe on any the guilt of which is in favor should case to convict in the of the Commonwealth and a part as to which is that is not sufficient is a conflict of the defendant, of the defendant, doubt the Jury or innoof the of the theory a reasonable is the duty of the Jury the evidence, to the defendant. theory and in �♦ �VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY. COMMONWEALTH OF VIRGINIA, vs IVA RODEFFER DAVIS COFFMAN. ORDER. On this wealth of Virginia in person period the said therein tion defendant is acted permitted order FRANCIS ATTORNEY S. MILLER AT HARRISONBURG, LAW VA. by order in this of the Court. the Common- the defendant that within it further is ordered suspended time to present of Virginia, Court. of exception that in order until until to to the Su- Whereupon the defendant recognizance on mo- execution a petition and thereafter under her present the Court of March 19, certificates case be further •, on by said to depart appearing of this has prepared .......... .. the defendant and came also and it of the, d.e1'.~:Q..<,\~t.,,. b..y~ounsel, • came again and the same have now been duly signed, preme Court of Appeals tition attorney, days allowed mentioned, of the sentence allow by its and by her attorneys, of sixty 1948, 17th day of May, 1948, such pewas further ����~ II ~-- ~ k- ~ d:iz ~✓ ~J-v~~~~:-.,: U!~. ~~ br~~~ ~- ~ ~~~ ~~M't,?~ ~~ ~ --- ~ ~~-y ~~ ~ 1---~1!~ ~~ud,,t'~ ~ ~~4'7 ,l,i--a.-~p 1r l-~r- 12 "~ - -o ~ UJ. L-l~~ ~~ .. �------· +- I+ .... .L.. .... +· �IN THECIRCUITCOURT OF ROCKINGHAM COUNTY, VIRGINIA COMMONWEALTH v. IVA RODEFFER DAVISCOFFMAN If you find the accused, Iva Bodeffer Davis Coffman, guilty ducing an abortion you will S83" or destroying an unborn child, of pro- as charged in the indictment, so and fix her punishment by confinement in the penitentiaiy for a period of not less than three nor more than ten years. If you do not find her guilty an unborn child, to produce an indictment, tentiaiy of producing an abortion as charged in the indictment, or of destroying but find her guilty abortion or to destroy an unborn child, as further for a period of not less than one year nor more than five years, by confinement in jail If you find her not guilty, ATTORNEY ATLAW or, for a period not to exceed twelve months. HARRISONBURG, VIRGINIA charged in the you will say so and fix her punishment by confinement in the peni- in your discretion, LAWRENCEH. HOOVER of attempting you will say so and no more. ��COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand jurors for of the Commonwealth of Virginia, the body of the County of Rockingham, . Circuit oaths Court of said County, do present that 28th day of January, and wilfully at its in and and now attending April term, the 1947, upon their IVA RODEFFERDAVIS COFFMAN,on or about 1947, in said County, unlawfully, the feloniously did use and employ in and upon the body or one Ker- neda Bennett, a female person then and there pregnant with child, I a certain instrument, grand jurors said unborn abortion fully, the name and character unknown, with intent child feloniously duce such abortion then and there of the said Kerneda Bennett or miscarriage, and then, and wilfully there she, of saving the life her said unborn child, of the said against the and to produce the said and pro- Iva Rodeffer in good faith, Kerneda Bennett the peace and dignity with inor that Fristoe, This indictmer ATTORNEY ATLAW HARRISONBURG, VIRGINIA testimony Dr. F. L. Byers and B. L. Kiser, Court and sent before LAWRENCEH. HOOVER is fo~nd upon/a the grand jury witnesses of of the Com- monwealth of Virginia. ✓ an did unlaw- such unborn child Davis Coffman, having not done said act tention to destroy and thereby destroy or miscarriage, of which is to said of Monroe sworn in to give eviden~e. �~.. F. L. Lawrence , Byers H. Hoover B. L. Kiser Dr. Monroe Fristoe sses: f5ttf1L True Bi_).-1 "!; Term, 1947 Commonwealth's Attorney A April Felony: IVA RODEFFERDAVIS COFFMAN v. COMIDNWEALTH A!iQRTION �~OMMONWEALTH VS. )4rar DESCRIPTION ~ffe..- 4?~ ~e,4~,,(, OF PRISONER Last kn~wn address------~~-f.~,-------------------------------------------- 6~ Color ___"](JI:.___ Height__!l,_ Eyes_f].,l.,1..11-:_ Hair _lJ~-l..r Weight!/_ 7-k____ _ Marks __________________ ·----------------------------------------------------------------------------------- £:3-_ ____ --~___ _ Age___ Date of Trial___-~ Result ___,--~ ft(';J..,... _____ ··-_________ ~ ____________________ _ Occupation ___-~- __ ~J1: :'Lf rf_Y-_-----__--------____ ---___ -----_---____ -___ _ - - ./k:.l('k_..-__ - ------------------------------------------------------------------------------------- �◄ �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGINIA, November 27, 1948. Commonwealt;h On an indictment vs. Iva Rodeffer that the judgment of this by the Supreme Court of Appeals, er Davis Coffman having this nizance: is considered therefore, it day appeared Davis Coffman be committed connty until she can be delivered therein in the manner directed as ascertained court and the said pursuant by the court Iva Rodeffer Penitentiary, (abortion) Davis Coffman. It appearing affirmed for a felony to the jail to an officer to be held and imprisoned herein. Iva Rodeff- to her recogthat the said of this of the State and treated by law for the term of five by the jury has been (5) years, ��VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY. ) COMMONWEALTH OF VIRGINIA, ) ) v. IVA DEMURRER ) ) ) ) RODEFFERDAVIS COFFMAN 'Ihe said defendant says that at the April Term, 1947, of this of a certain instrument miscarriage and for grounds grounds to be assigned 1. of demurrer It offense or an attempt the use abortion is not sufficient the following at the bar of this returned or 1n law, among other Court: from said indictment whether is the substantive to produce an abortion, or and battery; 2. the offense assigns and charging to produce to have been committed of abortion, an assault Bennett, does not appear the crime alleged Court, with intent of one Kerneda the indictment It does not appear alleged or a misdemeanor. from said indictment to have been committed constitutes whether a felony �D E M U R R E R ~-~.' t· I"-&,I,,.-FJ 7','7 / IVA RODEFFE.1t DAVIS COFFMAN v. COMMONWEALTH OF VIRGINIA. VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY. �ot findir ~ of O T-1. -~~------a1: abo.d.e.. Executed ····--~~---"'l~~------..__-'- hls usual ___ by delivering a �,.,. �:: ;~:ae::c~::7,e a~h:~u::e;:.~:~;~~~c~~: C:t~~.~~.~°.~Tu: to testify and the truth to say in behalf of the Comm~~::{ ~;]t ~:~.~.:.• ..~~.~~~.~~~·r•t·~.°.:~e 1 against ............ ~················-&,,-··..,.,_··········•· • J;;iJ /2aJ:Jiulil~ ~~= who stands charged with and indicteJ//Jo; a felony • . And this youA_hall I)J)t <;>Jnit ,undet.py;palty of £100. And have then and there this Writ. l,;.~~f(TC! I:. tt· tfoa,Ei<, \:.am it, 0 n,..w_fII tf'#'.S ~rt'oZfl)E'(, I Witness, J;:i:08!!' 'f 'S'd'/ JTll!:~,Ghiw.of our said Court, at the Court ¥louse, the.._.../.O.tt:1. ..... day of ... 1:~ ... :.... , 19 '/ .. , and in the I .t,,1-yea, of the Co;~ .............................. THE SERVICE PRESS ~: ........................................,~ ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon.._.:............ •-······························································-···················-·············'"··~· ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••n••••••••••••••••••••--~•••••••4••••••••• •••• •••••••••••••••••••••••••••••••••••-..•••u•••-••••••••••••--••••••••••u••• .. •••••••••••••••••••••••••• .... •••••••••••••••••••••••••••••••••••••••••••••Ill"••~•• .. •#-••••••••••••••••••••••-•-•• •••••••••••••••••••••••••••••••••••••••••••••••••••n••••••••••••••••;a,_•••••••••-•~ ..... ~__.,.,,,,,,,,,,, •• ,, to appear before the Judge of the Circuit Court of Rockin ham County, at the Court House thereof, at 9:30 o'clock, a. m., on the./~. day of.. ................................................................................. 19.-'!/{' to testify and the truth to say in behalf of the Common ald against.._....................................................... . •··.·.··•········~~E~~········ ..... •..........•... ••.. ••••• who stands charged with and indicted for a felony And this Witness, .YQU THE SERVICE PRESS . §.hall not prqjt under psnalty of £100. And ha~ then and there this Writ. ~(J/'l(ErreE H· Hoa()e.~ l!,f/)']."1d J.ft:O.MEtlI @PWIT~E:R!, uutli::ot our day oL ..~,,.....--, • q.., 19.. r/W~l:Uf-H'.S H#dertJ.V.1 /.. :II~ said Court, at the Court HcS'use,the ......1'!!':':: ........... . and .in the 1 /.~. ear of the Commonwealth. • •··............................... '<Sil.1~~~ ~~ �~ }~ ~ ~ ~w t .t t �S~ARCHWARRANT and occupied b to law, and that such information was received through a reliable person, or that he has reasonable cause for such belief. These are therefore, in the name of the Commonwealth, to command you forthwi~n the ;z above described and there diligently sean:h for the said • the Wd ~"- •y,: :rg upon such search t_o ...J...+.__ Justice Court of w·L_f.Q~~~:;d,~~.c,~~)_·to or dealt with according to law. And this you shall in no wise o Given under my hand and seal this a •' and if the same, or any part thereof, be found the same, and the person, or persons, in ~~ or night ~ter k f« clay o,L __ ----,j4--~~~~~~I-J.....,,L_,_,-~ found, before the be disposed of �.. ell - 0 llil ~ on ittPe:::::Je.y,_=day-" -t,F--~t,,}r scribed premises and sei ing the folio ·ng: I l!C ~ ("') ~ m the,&~ s: z :r: The withln warrant executed 0 Ul t%2 z> r 0 ~ ~ ► ~ = 0 ~ < ,... ,., 0 ,... z,... ► nf ~..., ,..,~,t9S;z,' by searching the within de- ~ �COMMONWEALTH OF VIRGINIA, COUNTY OF ROCKINGHAM, to-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand for jurors or the Commonwealth of Virginia, the body of the County of Rockingham, Circuit oaths Court of said do present that 28th day of January, and wilfully, acter County, 1947, in said grand body of one Kerneda Bennett, with child, tent then and there said Kerneda Bennett, having Kerneda Bennett dignity j LAWRENCEH. HOOVER ATTORNEY ATLAW HARRISONBURG, VIRGINIA did use said the abortion or to destroy pregnant, she, not performed said the intention or that the said the said act of her unborn in and upon the then and there instrument, child child, preg- with in- or miscarriage of the of which she Iva Rodeffer nor employed of saving feloniously the name and char- unknown, person the Davis said the life means in of the said against the peace and of the Commonwealth of Virginia. ✓' This indictment Monroe Fristoe sent the 1947, upon their unlawfully, instrument, a female to produce and with term, County, jurors then and.there was then and there good faith April by means of a certain nant and now atiepding IVA RODEFF.ERDAVIS COFFMAN,qn or about of which is to said Coffman, at its in and before ands. the grand is /nd upon H. Callender, jury to give the testimony witnesses evidence. of F. L. sworn in Court Byers, and �) Indictment {j. Attorney. I Foreman Lawrence H. Hoover Dr. F. L. Byers Monroe Fristoe S; H. Callender eommonwealth's f3• '{j. . h:ulP Term, 194~- Witrsse,s: April Felony: ,4,-.., IVA RODEFFEa,PAVISCOFFMAN v. COMMONWEALTH ATTEMPTED ABORTION �OCT 1948 COMMONWEALTH V. ) Felony (abortion) IVA RODEFFER DAVISCOFFMAN ' . I I I -- �L 13-~I; ,J a:.. .,lf_c.J_ r ~ )-- LiJI~ 4 ~ ~ J<-u~,t~~ 1 ~ -U,.-C<..d~ rr ~ f'- ~, I, }-";,t 7~ 1 ~ ~ ~~.-a. r 1 ~ w- t:,&oPi--~- ~~ >r~ Io Cl/~ 13- If .Rt~-i£ <YI~~ f I 1---- ,Lr-..,,,, ~ ~~/4~.t_, r7 �~ II~ k~a:zz~.,:1 -- - ~J-v~~~~:-.,: U!~. ~ ~~ br~~~ ~- ~~~ ~~M't,?~ ~~ ~ --~~ ~ 1---~1!~ ~ ~).J4'o/ I-~ r_4atr~ ~ ~~-y 1r ~~ud,,t'~ ,1,,i-----~P . - o~ UJ. L-l~~ ~~ .. � 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 Iva Rodeffer Davis Coffman Subject The topic of the resource Felony Attempted Abortion Murder Description An account of the resource Defendant charged with felony attempted abortion. 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_001 Coffman 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 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_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_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_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_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_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_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_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_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_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_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