30 20 4487 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_024_commonwealth-v-garland-suttle-aka-william-bennett.pdf 09e61c2d1d84c21d8c6f982387f2f532 PDF Text Text SUTTIE~ i_J"'.~ - ...lias -:;illiam Bennett [:,JB] statutory rape ��~ /i4;i f./4~//,lq, ~<z.'1£t&t ~ ~ ) ~ c~a ~ /42.f t~,6 ~ / ��y 109 1962 Miss Martha Bell Conway Secretary of the Commonwealth Zfice of the S~q;:.tar, of the Commonwealth Richmond 12 11 Virginia j Dear Miu Conway: Garland Suttle, alias William Bennett 9 is charged with statutory rape in Rockingham Count and is now in custody 0£ and being held by the po:..ice b1 Cleveland, Oh:lo. Tl ..y have info11n .d me that the accused has signed a waiver of xtradition e.1d that we may t ke him Ulto custody at any time. I ~10uld like a travel order for Deputy Sheriff T. L. Ma-rtin and gu zed, of Rockingham County., v~rgini • in order th c we m y pick the 1c:: us d up in Cl ..eland., Obio, and retu:i.-n him for trial he e in Rockingham County. Thank you for your cooperation in this matter. Very tr·ly yours, James Ro Sipe Commonwealth's Attorney JRS/sfd ��v. StrrTLE CHARGETO JUi~ , If you find in th d indic nt, y th, or by c t~ fin not 1 s If you f more. th accus d gu, 1 y of rap, th ill y d fix his p 80 tin th i fiv (5) y r . him not guilty, t a ch red i t ry for life, you will y so t or fo • no �C �COMMONWEALTH v. SUTTLE INSTRUCTION __ The Court is just as legal provided character guilt ,, ) I that instructs the jury and may be just the attending and force of the accused circumstantial as effective circumstances as to satisfy that as direct proven doubt. evidence, are of such the minds of the jury beyond reasonable evidence of the ��v. SUTTL INS UCT The C • t in tructs i ju t as le 1 and may b jut pr vided that t ch r cte fore to s cu b yond r ilt o th th attendi g circ jury th t C £fee iv s t ce a direct pr ven are of he min s n b rcum tant_ 1 vide c 0 oubt. the jury vidence, uch o.t: h �.v 3..ITTU8 ___ .OIT:>tfJJT8Hl :>a C>J:vals..t:taa3amu:,-xlo:tad:I TJ:Ut ed3 a:s :r:tan.t :t-:ruo3 sdt .a~ae lve ~el d~ua o aa •vl:l~ei!• a as ,aut vo:rq •s~aa~aau~:rl~ d t• b Iaa•I aa jut al albae33a etb ~adl beblvnq 'ft#Dftliflo .:iduob .ldaaoe•T not• bea :>:>a•· :tllu �v .. SUTTLE STRUCTIO____ Th Cour is just lg d pr vided that t of th t u the jury yon h ff y b jut ttending char cter ilt instructs circ cs circum t t·ve as d rect prov n ar sat r t of 1 v d c v· uch ry o • h s bl o bt. nc, �• �-- ...------- ~ SUTTLE NSTRUCTI. The Col1rt J..nstructs evidence beyonhad sexual Linda }! int . uilty that if- you believe witb Linda Ma Waggy, and that t · s at the time of such se.~ual 1ntercou1· ge o fourteen re a dless of (14) yeas, .-1hether or not force cord ce with th c fems.le said was used by him of wbeth r or not ct was don, with or without b r eons .nt, and shall 1.n.mishment 1n "'id you will .!l"ld th in the accompli hnent of such act aud r gardless uch from the re sonable doubt that the aceus d, G rl Su ·t e, reour·· e We.ggy c ild under the accused 4 the jury ch rge to the jury. • his �.,. J: �v. SUTn.E I STRUCTIO____ Tl th evidenc Suttle, hr 1n tructs urt consent, the jury b yon a r asonabl had c owl dg th you shall _ that if doubt t t th of Lin a fin h you b li v fr accus d, Garl y, with or gu lty thout charged in th nd ctment. Tb rt penetration of th to c nstitut c further instruct th jury or 1 owl ge. that th i li htest su fici nt ��v. TrLE Inc id r1n bu~·cn of proving th Court truct :u1 th ther or not gui t of the A r son with 1 w o a not y th In pa jury 1~ c inc fr .• Furth fr lack of roof ntial t , vid of any fter ha i If, d r t viction as of of th t to tru b o a 1 doubt. vid t d doubt, by n ··d nee r sent d o abl inf rence s ch id e ery accu ho in a , you doubt d ubt, risin le doub . 11 of doubt to rev accu , th th t you th • , y u h c r 1 f ct trial of p rt char at t con id rati tat eet its burd th to c th t gui t of th c tri be d and not onable an f of th t th of gu lt. ubt of ad of th uc ch ·g , th timony or from u stion t b c ine. renc • in min otb r hand, after 11 th son- o pro f of th 1 circum taoc a re ich 1 uilty non convinc d beli co:r.nmc)nll.ie 1• ·h o fi.d bould b guilt 1 fr o yon should th ia.1 t o conflicting f o c , V jury h r f ct, the pr I , crum t , fr rticu co c rnin ienc:, su.h evi ence n wor "r do1.bt. n tur 1 ju oubt, th or po si l proved tion to th in an you gob or e inabl t b upon the suffi oust limit of th.:s case, a poss bl iv doubt t t db yo d reasonabl le do bt i is no , c ccu jury that you hould not ov rlook th bl " nor its inabl 1th ha 1 and • - V th n s ti con- fi d 11 �n •' ::J elclaaoaan aoted beau 0 00 r{ 'l' t ,:tdu do :) ..:.t l :, ~l'J9'.!9'l .ad.. rd:m rd lda n 0 .. ut ,,I • o e !) 5 ~ ( vao r> ~o t J: :!I • :I d baa o I.ta :to oo.t3a'Js o:.t UO'(~ a :tduob :, :t 0 :ta:ta al • dou o ,.t.tu C 9 .( :U •00:l 1 ~ ':t l J;:t a :J a :ti £ d ,. . !l �ONWEALTH l'TL IN TRUCTIO__ Th Court in tructs w tn s s s a th jury tbac the c edi ility u tion exelu ively ..;or th appearance of ~he witn ss son the t stifying, y, th ir app rent c t 1 C » wi nesse to know wh r of they witn s to the p rti.s, if any, th ult of tho tria • if any 1D th r surrounding the right circ tan f their pp ring appa nt iny 001:>D'.E'.'C p la iooship t te ti• f th ter st .of th ppe~r, n the tri d from 11 oth l i. the j ry h s to determine which witneoses a.r more worthy of er at is th iv :i cy dor and f irn ss, t er 11 C tb d 1 their manner of t the reason blen ss and con4i t - ·ury; and fr of er dit ~ el ·tiv ccordingly~ weight of y uch testimony and to it �--------------------------------~ • &.mt'U2 lo '(JlJ:lcllbn~ :tad~ ~u efb .-st ~ baa ,T-fut ~ •-':>U"¥:tanl '!IO! ll•v.laulmce aol=taaup a al saaa,a:t eNaea:Jlw ad:t lo a aa'J'Mqqa ed:t IIO "J:led:1:lo ,:oadalaaoo baa ••••Jdaaoaan 1led2 •- •al =-•uqqa 'Z.l:ed:I •• ....a.a ... to t,ldaal::la.lfl ....:t.lw ea ..... ed:t lo :ter.ruol e,b tea et• -:r,rba .t.Ia mn:i boa • 2Mlll9I ,:aa aad u 9d3 , .lal-;r:J ~ :i he-.ro o "(d:t-:rownom ~• 02 aoml:t89:t d ao pl2.aeq..enasa:tlw 1 ..... !..l, l elb .a~l::ta~ -s••···.......... :I c 9• a&a,l.tls;Jr. .a r 9dT eball.28 O •l:t••' t I •:,al ...,.. __, N ,••••Id.Iv eJ:haq ed:J o, aHa•a:tlw la.h:t i l uoauamu!l~lo :2.tuaa-z ed tal aaJ:bouar.ru d:,J:dw 9fl.1:m~•b o:t :tdsl'l ad lo :tdBlllW rvl~a.I,r.r ad:t al :ta .,:Jaa,tnoo:aa ,lino av.& �----------------------------------- ---- v. SUlTL-"' INSTRUCTIO ---·-·- Tb Court instructs ccus d guilty of rane co1.'Tobo:rated testi: er dibil· belief ty of that th a the ·ury that thy charged in may fin he indf.ctment, y of l,inda Mae aggy alone ueb t timony i &CCU d is guilty uf eient to 11 on the if th ·in. you t b y ...d reasonable th doub •• the �&ITTU C ti 3ml l 3: al �v., SUTTLE IN..,TRUC IO. ___ h Cour instructs que tion of th into c sider t commission b C S other • g\.ilt j~ry th tin or innocenc the -l~ 0 bt o~ th of the crim facts th , if _ oft prisoner the same ·' circum ta.nee e determining the cused, you ay tak after th proven> along wi·h all in :vi ce 1n th �,. �COMMONWEALTH v. SUTTLE INSTRUCTION --- The Court instructs from the evidence Garl Suttle, shall the jury beyond a reasonable had carnal find him guilty knowledge as charged that if you believe doubt that the accused, of Linda Mae Waggy, then you in the indictment. ��v.. SUTTLE INSTRUCT! Th fr Garl th Co rt e ide c uttl sh 11 find instruct yond had cam him uilty r jury so ble doubt th t tl 1 knowledge s cbarg th t if you belie th o,: Linda d in t indict ace e Wa y, the nt. ed, y u �' 9Wl11"1 Uot !.t _., ,IINuooa ed2 Mlb aed:t • - .... ,-t ,.,.. -.u ~-,r. eJ••un .. , • .._.., 091w.oaalM11- ....WW ... ,_ �COMMONWEALTl SUTTLE INSTRUCT! The eo~rt in tructs r from th th ju17 t t if you beli v evidence beyon a reasonable doubt th t the accused Carl Suttle, had camal knowledg of Linda ta Wa gy, I shall fi'Pd him guil~y s charged in the indictment. th n y u �do a lI .• �COMMONWEALTH v. SUTTLE, alias BEN ETT INSTRUCT! :r NO. i The Court instructs the jury that in law the accused is presumed ;\ !, to be innocent of the crime with which he is charged and that presumption him throughout every stage of the trial. every essential allegation Moreover of the indictment follows the plea of "not guilty" denies and puts upon the Commonwealth the burden of proving every element of the crime charged and the accused's guilt beyond reasonable doubt. There is no shifting of this burden, Commonwealth his innocence the defense, throughout the whole trial. and if, after considering you entertain as it remains upon the The accused is not required to prove the evidence for the ·Commonwealth a reasonable and doubt of the guilt of the accused from the whole trial it is your duty to, and you must acquit him. You are instructed mere form to be disregarded substantial that the presumption by the jury at pleasure, of innocence is not a but it is an essential and part of the law of the land, and binding on the jury in this case; and it is the duty of the jury to give the defendant the full benefit of this presumption. The Court further probability sufficient of his guilt, however strong, for the greater charge in the indictment, so clearly instructs the jury that mere suspic ion or is not sufficient weight or preponderance but to warrant that the re is no reasonable to convict, nor is it of the evidence supporting his conviction theory consistent his guilt must be proved with the evidence upon which he can be innocent. You are further instructed the that the defendant is not to be �0 rt; .sI n fau nl j.. :> M :> u n.i s t Hl ID "I 1 armo 1 O'I s .atii o :to •u 1 ;tdu s al l n . .i:tq au .e'Iq t 'l t !q m: dt no •rtlbnl Uu1 rl r :tl :t till do'I tU u V .:tn ...::>orud e d o:t j uoY ~ rl rlolrl �prejudiced agent, party. by the inability of the-€0 I I I I guilty nor is he called upon to indicate his own innocence by naming the guilty He rests secure by the Commonwealth 'I Ji to point out any other in the presumption which establishes of innocence until proof is adduced his guilt beyond all reasonable doubt. �..... tii: O • 'I en i . :t D rr ::>a 00'1 d.er o 'I lo s b.ao .sd :t l~ lrl 'I , u; �COMMO E LTH v. SUTTLE, alias BENNETT INST UCTION NO. The Court instructs the jury that before the defendant can be convicted of the ch rge in the indictment. beyond a reasonable --- doubt that ther the Commonw th mu t prove was an actual penetration of the pro ecutrix 's sexual organ by the defendant's to some extent sexual organ. ��\ COMMO WE LT v. SUTTLE. alias BEN ETT INSTRUCTIO The Court instructs by a jury. :r NO. the jury that upon the trial of a criminal the law contemplate a concurrence clusion of guilt before a conviction can be had. respect to the guilt of the accused, degree of the crime. having duly considered his f ello jurors, accus d. or surrender -- Therefore, of twelve minds in the conNot onl his own convictions a reasonable and after consultation instructed to th t is hi as to the guUt or innocence d the guilt or innocence or as to the d and candor w th ch other, the views of their fellows. convictions, ree. duty not to ccused, or ntertain different The jury i further that the jury room is no place for pride of opinion or obstinacy, that it is ..he duty of the jurors to discus with doubt as to the guUt of the to the d gree of guilt, simply because the rest of the jury convictions espect to the if any individual member of the jury .. after of the guUt o the accused, to the degree ·s this true with but is likewise true with all the evidence in this case. should entertain case but the evidence in a spirit of fairness· and with open minds to give careful consideration and, if it can be done without sacrifice agree upon a verdict. Scott v. Commonwealth,. 143, Va. 525 to of conscientiou �I ·,O - !el •:t rl.t tt qu t a,. "IO !>U :i' rd e.rl V ...w:t lo $.:)!I;:;,'!'UJ'" fo tao :to .. tot 'I&dm m -xot rl:t!r, nol U:r la tlrlt io tn edt ot ubtv!bnl 'lL!S 1 , 'IO 9 .ierl bl a rlt Us rlt u rl a td ob ldanoue-i 1:; -:euns"I'lrJ a.a i;tolv o , te "'s.nt ....1 tL -f 1· t.o t t ...oH uoUnel -x9~, :no . fa.Hnsv a noqu es-x .s , noU:.,lvao �COMMONWE LTH v. SUTTLE, alias BENNETT INSTRUCTION The Court instructs cases. the ccused's NO. the jury that in this case, plea of not ilty raises in all criminal a pr eumption of innocence in his favor and plac s on the pros cution the burd n of proving his guilt beyond a r asonable doubt, and not on the accused to prov u. of the witness minds of th therefore, I I I I I consideration s and the circumstances jury a reasonable find him n ot guilty. I upon hims lf innocent. of the whole c shown in evidence, e, the t stimony there exists in the doubt as o the guilt of the accused, they should �l 0 io �Jue P7. - l: - :-wi ag__,y S ·r 'i: l"' isonburg, Dea. H "S. 26, 1g62 ·1~ginia Waggy: Would yo my of..:i es· an .. you1:.· daughte:i: p ease com . to see etimQ Thursday mo~ i~g, ..Tune~8:. :...9'2. Thank youo Very truly James ... yours, we at ��Comp. Form 18 I STATE OF VIRGINIA c:gy~ OF----=--"-'--=--==-=-=:.=.!..L---• '·*o ANY SHERIFF To-Wit: No·--~--- OR POLICE OFFICER: :; (l 7 Whereas, of the said ~y, ---------------=====-==:::...::..:::_ n~.s•--"'t .•".J..V"7 tha,________________ _ :O:!;:]J", , in the...siW-1 County ~--~ ________________ These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the , .. County Court of the ~id County, the body ( • ) of the above accused, to answer the said complaint and to be further Malt with according to law. And you are also 01recteclfo summon: color Address ----------------LJ color Address color Address ______________ color Address ________ color Address---------------- □ ---□ _ _ □ ·----□ as witnesses. Given under my hand and seal, this 19__ ", (Seal) �STATE OF VIRGINIA-COUNTY I. . OF _________________ ____________________ a __, Judge of the County Court Justice of the Peace to-wit: in and for the County aforesaid, State o( Virginia, do certify that and ---------------------------, to the Commonwealth ($, ________ ), as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of -----------------------------------to be made and levied of their respective goods and chattels, land~, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court County day of _____________ ~ 19___ , be rendered, yet upon this condition: That the said ____________________ of _____________________ _ County, on the _________ at _______ M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said --:---:----:----------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. _ day of ________________ Given under my hand, this _______ , 19__ da•.'s _ Judge. J. P. l :r n, .. ("') < 0 ~ "' "' t, ~ 0 > (") :=o :=o > z1--j 0 > :=o ~ 0 trj U1 .., '° .... I .. >-3 0 ~ ::l :I I'll ..e. ~ .. "' 1--j 0 "' (7 CJ) a a0 ::, s· > a a0 ::, =a I'll e. ;. .. > 0 ; n, '< s:: llQ ~ gI'll "' "' I'll .. I'll ::, 0. "' ;:I n I'll "rj I'll I'll ::, "' 0. ;:. ., :,;- ;:. .., .., "' "' ~ llQ n, ;J>- I'll co ~ .., E '"1 .., "' .., £. .., 'O I'll ::, ~ to '< ., "' ~ 0 ::i:: "' 0. n, "' a > t"' ~ 0. ... ~ l1' '< ::, 0. 0 z - ::n ("') iu" '< £. "-. ::;· .., 0 s· 'O 'O OQ s· llQ jii' jii" ~ ~ "' .., "' n, <:r n, 0 -. £. 0. ~ is:: z is:: p :=o ~ l1' (") 0 "rj .., :r .., "' ~ n, ;. I'll "' >-:l :r I'll ..... 0 s (") =a go s· s:: .., OQ 0 ~ ti) 0 a p ;:I ..i ;..· ;. ,. ~gI'll ,."'"' ("') "' .. .,., 0 s:: ., =a I'll 0 ..... ,.n I'll r ("') 0 0 llQ a ~ ,.;.· s:: ::, 0. �Mr.. U:.tv..cnc ~. 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( .. ~;:Y/4id~~ /J- - ~ ~~;f ~ - J9J~) ./ �.. - .. t I I r r � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Garland Suttle aka William Bennett Subject The topic of the resource Felony Rape of a Minor Description An account of the resource Defendant charged with felony rape of a minor (note: rape, rape of minor) Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_024 Bennett Suttle https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_025_commonwealth-v-garland-suttle-aka-william-bennett.pdf 331a6fc0cc6b34a73bb8bfc4ed751070 PDF Text Text ~- 4JaM..VV\ JI. Docket No. I~ ~ 2- ~'~ COMMONWEALTH 1362 of VIRGINIA ) '3/1,(,U.A. Utlt~ o29, l'l' J zr;.. VS. Indnment I .. ) Felony ) GARLSUTTLE(alias (rape) WILLIAMBENNETT) ..........-.~ _!:1.B:.s._ev..!..:e~rwl...;yL....!!:B~,_.h<.B~own:e....ir._.s,L_ ______ ~P• d.. Own W. ( ) Appointed 1962 June 18. Return ( x) of Grand Jury. 11/17 Accused arraigned and plea not guilty entered; case set for June 29. ll/13 June 29. Jury impanelled, dict of guilty returned ment fixed at 20 years of etc.; verand punishin Pen. 11/28. CIRCUIT COURT OFROCKINGHAM COUNTY, VA. �.... ... .. ,< -< 0 z z z"' < 0 - 0 ~ .., ~ .. :t '-' ,, ,. > .... I ,, > ) jf 1 �COUNTY COURT N<! 38301 Criminal Docket Commonwealth V. Appearance Date Trial Date 0-' )_( - ( 6' - J) -- <i 1..- "1---- A ��I, ri•ht to a able 41:v?L 1,,,,&-, , havin been advised o·· my as amended, under Section 1 .1-1 3.1 o the 195 Code o Vir inia, reliminary hearing poo the question o whether there is reasonround to believ that I cODDitted the within char e of ~ prelimtbaryhearin this fd- , do hereby voluntarily day o~ ~ ----- waive said • , 19 2. ��DISTRICT COURTOF THE UNITEDSTATES NORI'HERN DISTRICTOF OHIO EASTERNDIVISION 1 S DOC. 12 COMMrSSIONER CASENO. 4790 ) UNITEDSTATESOF AMERICA ) ) -vs- WAIVER ) ) ) ) GARLAND SUTTLE, alias William Bennett I, GARLAND SUTTLE,alias Northern District Virginia, Commissioner of the Western District charging me with, unlawful flight the extradition rights of Virgini rape instituted taken before HERBERT A. HORN,U.S. Division, who explained my right of Virginia, at and file prosecu- July 22, 1961, and having been Commissioner for the Northern District my rights to me, under and by virtue action contesting warrant by the Governor of the State explained of of to me my such extradition CommonPleas Court of Ohio, do hereby waive the necessity extradition July 26, 1961, to avoid criminal laws of the State of Ohio, and who further to obtain an attorney in the on or about July 22, 1961, at Harrisonburg, from the State tion on a charge of statutory Ohio, Eastern having been arrested of Ohio, on a warrant based on complaint filed before the United States Harrisonburg, William Bennett, in the of the issuance of an of Ohio, and do hereby waive to appeal to the CommonPleas Court of Cuyahoga County, Ohio, and waiv every and other right tradition, granted me by the laws of that State as applying and consent to be removed to the Western District Harrisonburg, my intention by the duly authorized to voluntarily officers to ex- of Virginia, of that state, at and hereby signify consent to such removal. J ~, On the_ William Bennett, day of May, 1~62, the above named GARLAND SUTTLE,alias signed the above Waiver in duplicate -:} in my presenceo c ( ~r t: HERBERT A. HORN u. S. Commissioner t (( :} (~- t. v �.., J J �COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The Ci10Jit Court of Rockingham County, The Grand Jurors June Term, 1962 of the Commonwealth of Virginia, and for the body of the County of Rockingham, Circuit Court of the said Garl Suttle, February, alias William Bennett did make an assault Mae Waggy, she, female child fully now attending oaths present with force in and upon the body of one Linda to-wit: and by force, against ravish being a the age of 10 the said Linda Mae Waggy, then and there did abuse, that and arms, the said Linda Mae Waggy, then and there and faoniously the on or about the 15th day of under the age of 16 years, and her, her will upon their 1961, in the County aforesaid, faoniously years, County, in and carnally the peace and dignity unlaw- know against of the Commonwealth of VirginiaQ Upon the evidence Ritchie, witnesses to give evidence. of Linda Mae Waggy and Julius sworn in open court F. and sent to the Grand Jury �WILLIAM 1- James R. Sipe Commonwealth's Attorney Foreman A TRUE BILL GARLSUTTLE (alias BENNETT) V. COMMONWEALTH q_ rape 1 ' �, ��Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: to appear __ before The County ______.k_,___~_day of Court of said County, ~ , 19 sitting o·?,a-t at Harrisonb~, Virginia, m said County, the hour of..__.2.. __ -'-fr_h---.___.-',a.•JC...<------Of on that day to give evidence in behalf of_~-=-'-'-"""'=--'-'=J.------------------------~-----'-- 111 V. the pending case of -~-"----=----'-='--'---'/-~--'--l-"-"___________________ _ w Clerk Asst. Clerk �7: ✓1/v riN ~ ')1~ .,IT~~~:/ oF A TRUE THE couNTY ••••• __,,,,,_..,/ rzo·J(\\'-:G~-L-)./1 ~Y_._DELIVERmG ' fV'"=_,u,·r::"J COPY),, . . . .. . . i:: "" cu 0 0.. .!:l '..;[ J \=i \ ~ ~ \ '<> D.S. R. C. EfJie~STRAWDERMA~' ... S. R. C. l rn rn ;:l (fl C cu .-:: ~ ......... ----- > -~~-. in oerson, at saiQ'.'.".~-~~- of his usuof .... _ .... by delivering a ~-.. 7 ...J:(,..~-'1.~ 7~~_....... ___ -- -4 .~ U-iO~-~" ~ ~? I ,t Not findi~-,1-.~.'Q:~ ,/.1, ~ ..... place of abode, E"4uted •••••• S. R. C . being a member of . • ng the purport thereof c- MP.,\i ................ .AL STRAWDi-. •·1,-'., usual place of abo~q~--~~~, his family above the age of 16 years, and to her. - Deputy Sheriff �COMl\10 DESCRIPTION OF PRISONER 3 Ii.,/ Weight.~/___ Marks------------=:::----------------------Age 7J? Date of Trial Result -----6--.::.......,,:::=--'-'==-------=-.,Lr.::::,..--..L...~.:=~=----------=~----- ___________,;z __,,.~~Ai-=..:....=__=:_---,f2t~~£L..1o£J~~· ~- _ �.,, �In the Name of the Cornrnonwiealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon ------------------------------------------------------------------------------------------------------------------------ ------Linda __ Mae __ Waggy - __137 ___ Lewis ___ St. , ___ Harrisonburg,_ Chief Jo __ _va .______________________ __ ( • F o Ritchie 1/ ; • ,. -----········-·······---------------------·------------------------------------------------------------------------------------------------------------------------- to appear before the Judge of the Circuit Court of Rockingham • j" _.. -------------------------.-------- County, at the Court House thereof, at 9:30 o'clock, a_ m., on the __J~JJ:l day of _______ J_~!?_§_________________ , 19 ____ §_~,to testify and the truth to say in behalf of the Commonwealth before the Grand Jury, against ------------------------------------------------------------------------------------------------------------- Garl Suttle who stands charged with-Qfl@-tB&ieies.fer a felony fnisdeRle&ROC. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the.l.4_!;_1;1_ of ______________ J_\ffl_~--------------------------, 19-----~-fand in the ______ )._~_9yS.r of the Commonwealth. �efj~ 'P?./. JN THE COUNTY OF EXl:CUTE_ • • • -8-y· • DE' !VE NG A TRUE ROCKING A, .... COiPOE Tr!E ITHI TO .. -- · · r. • IN -RSON. •••• ~ ~ ....... . • • • • •••• . .If..~ .. ~ AW~~A, • • • • • • • .". s. R. c. lfl) . . ..... D. s. R. C. By .. ~- ..••••••• EXECUTED0.'~. IN THE COUNTY OF ROCKING~M-L BY DELIVE~ A TRUE COPYff THE WITHIN~~~ T~~~. %'.~.#..~/ .. ~ IN PERSON. • B »·~-. ~.-~-... S. R. c. A. L S RAWDERMAN 'P' ~:.~~-- D SR. . . �In the Name of the Commonwiealth of Virginia: To the Sheriff You are hereby commanded of Rockingham County, Greeting: to summon----------------------------------------------------------------------------------------------------------------------------- ----~~-~-~~ __ Waggy __- ___ 13 7___ Lewis ___ .:>tree t ~ ___ Har~is on burg _________________________________________________ _ __-~-~n~~ ):1ae ___ ~Jaggy___ - ___ 13 7 __Lewis __Street_, Chief Julius _Harrison burg ____________________________________________ _ F. Ritchie to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the _f_9-_tb_day of _______ _J_~g~----------------, 19 __§_~-, to testify and the truth to say in behalf of the Commonwealth W~r-e-t-A.Q-Gra1ul. .Jw~, against --------------------------------------------------------------------------------------------------------------- Garl Suttle who stands charged with and indicted for a felony And this you shall not omit under penalty. Witness, JAMES R SIPE, Commonwealth's JBH>Qef.li~F-. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the--~-~~-~ of _______________ ;!_~g~-------------------------, 19----~-?,and in the __)._~-~~- ear of the Commonwealth. �~7/ t= .~r:_u~~~ RO ,,ING,~-,.r-i(y . ~O~P~ )F ~HE-A.TH IN .~ SO ...... . ?1N Tl-IF. CC,lJ~!T , o--= D!".:LIVE1; G A TRUE _ •••••••••••••••• ~ • ••••••••••.•....... ..c,JT' y .Cf-/.·· · · · · · · · ........ a F).., , IN Pl:R.;,(?~. S. R. C. D. S. R. C. r: UNTY Tl • - ,/ - r:; • TRUE ( I '."J "~ 10~ Z . .... ft:,,-~----...... q~,/.;: ••• -~-.. ~---~~~-------- ). OCK1NGt? '\ I .j 1 I COP , '' ...; l~ I H-' By . . . j::::7~c::Y' • • • • • • • • • C STRAW • • ~- D w~ RftA,' • • • • • s• R• • ;/.!,:. .~?!!:.. D. S. R. ~- �COMMONWEALTH v. SUTTLE CHARGE TO JURY If you find in the indictment, death, the accused you will or by confinement any term not less than guilty of rape, as charged say so and fix his punishment in the penitentiary five for life, at or for (5) years. If you find him not guilty, you will say so and no more. ~~~ llk,,~8~, ~i ~' ~~ ,ew.J ciI - ~ ,{ffe --;tJ._,_ ..... �'I ·- �Comp. Form 18 _f ST ATE OF VIRGINIA ~ OF Harrisonburg No. _____ _ J_;o=-hn __ G_.__e_a_k_e _____ _ To-Wit: City TO ANY SHERIFF OR POLICE OFFICER: Zella Waggy (137 Lewis Whereas, ------------------------------------ street) 1 has this day made complaint and information on oath before me, _______ (Name) Justice ------------------ of The Peace City of the said Cmml:y, tha,.___ _____________ _ Rockingham int~ County (Title) Garland Suttle or a ou did on ;fh,____l_s_t ___ w:i.. th force fa-n.ale the child, alias William day o~ __ and arms, to-wit: did Bennett ______ Fe_b_r_u_a_ry _______ ravish the 1960 Code of Virginia, _ and carnally age of 10 years, against the 61 19__ : Unlawfully know one Lirrla in violation peace Mae :laggy, of and dignity and feloniously section of the a minor 18.1-44 of Commom-iealth of Virginia These are, therefore, to command you, in th~ name of the Commonwealth, to apprehend and bring before the Rockingham County Court of tb:ecxaid County, the body (1:imQics)of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: -----------------. color Address color ____ Address ----□ color ____ Address ----------·----□ color Address -----·------ color ____ Address --------------- □ ·---□ as witnesses. Given under my hand and seal, this 21st day of____ J-::ul:-y"----=-------,,---, JJ?:.tif:L JUSTICE OF TI:E FEACE (Seal) �STATE Of _________________ OF VIRGINIA-COUNTY I,.------------------- a __, Judge of die County Court Justice of the Peace to-wit: in and for the County aforesaid, State of Virginia, do certify that and ------------------------~ to the Commonwealth ($_______ as his suret _____ of Virginia , have this day each acknowledged themselves indebted Dollars in the sum of ----------------------------------- ), to be made and levied of their respective goods and chattels, land5, and tenements to the use of the Commonwealth to Circuit Court shall appear before the County day of _____________ ~ 19__ , be rendered, yet upon this condition: That the saiU---------------------, County, on the _________ of at ______ M., at _______________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain _in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said -:-----,---------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this ______ _ day of _______________ , 19__ ays _ Judge. J. P. s· 0 ~ f <lc+c+~ ~ (") " "' 1-'·0P,.(l) . ~ • p.. (D ~ ~,-:, [ '-f,9 ' c+ ::::, 0O'Q I-'• H:, 'i 0 p.. ~ ::::,'i~~~::i !l> (D o:> c+ ::::, t-3 ~ ~ c+ O1-'•c+ op,o::,::, (i) 8::r ::::, ~ 0 1-J ... e. 0 n 0 ... "' "' 9 9 0 :E Er :, :, ";. e. oq > ... s- 0 .... :, " '< ~ ""'"' ""' ~ s""'"' > ... ~ ~ "".,, 4~ H:, p. ... :,;- ;-;:;.,, oq " .., " ~ ,:, ~ n 0. z I-'· c+ ~ c+ r.n > t"' ~ :-:J •c+ t.,:.I ..., ~ ::i:: (') ..... :, ..., 0 ~ ~, .... E b; f ::r, <; .... "' .... "' ~ - 8.. -::: 5. ... .... 'O -c.. "' '< 8.. ... :, ~ 0. to " ;:;.... to CD ::s ::, • !l> f-J• c+ 1-'·Jg p.. :, :, ".,, 0. ::s --r, p:i ~ 0. --r:;.i: (') ~ t.,:.I > z..., 0 ~z == p ::=l 0 == 0 ::s 0 9 90 1-'· I-' :-:J I-' 1-'• H:, CD Pl Pl'i ::::, Cll 'i Otl i:::!::S Pl Pl f-J• CD p. 0 (') ::s > ;;-:I 0 I-'~(/)~-~ (') p, I-'• (/) ::s o' ::::, ~ c+ I-? :,:;- 0 > :a:,:;;-:I 0 c+CllP.!l>0 ~g-~::s~ro I-'• r,-.. p. c+ t, ~ c+ I-'• O(D(l)'Cl'Clc+ H:, 'i 0 'i c+ ::::, s ro::ic+ ::s f-J· p. p. ~ ::::, - ::s !l> f-J• p. <l!ll0 c...::i !l> § f-J• 'i .. ~ 'i co '1 S •§H:,.,. !l> co • < !" CO Cl) I-'• O'Q § o'P..q co co'Cl I-':, 0 <~co::s f-J·::::,::::, !l> 'i <: ..._, oq oq F" F' ~ ~ ;:;· 5· '< .,, .... 0 ;:;· 'O "' 'O 5· ... .,, .., er ".... - 0 0..., ... 1-J ;. ... ::r... 8.. .... g_ (') 0 QO r::: .... en ~ 2 ,=! ::.· 0 s· oq p :, tlJ 0 :E ;. " n0 ... i: .... ~- s""'"' ""' :E .... " .., .... "... 0 r (") (") 0 0 oq ::s '..< 0. r::: ... ::s ;:.· " �COMMONWEALTH v. SUTTLE, alias BENNETT INSTRUCTION The Court to be innocent instructs of the crime him throughout every every allegation essential the burden guilt beyond There element is no shifting his innocence and if, after you ente'rtain part of the crime a reasonable The Court for the greater charge in the indictment, so clearly and the accused's as it remains however weight acquit and binding instructs strong, that the re is no reasonable of innocence from is not a is not sufficient suspicion to convict, of the evidence his conviction consistent instructed and of this presumption. or nor is it supporting the his guilt must be proved with the evidence which he can be innocent. You are further and on the jury in this case; the jury that mere theory and but it is an essential the full benefit or preponderance to prove him. that the presumption but to warrant is not required for the Commonwealth by the jury at pleasure, further upon the doubt of the guilt of the accused it is the duty of the jury to give the defendant sufficient denies the evidence of the law of the land, of his guilt, the plea of "not guilty" The accused it is :x:our duty to, and you must probability follows charged of this burden, considering fovm to be disregarded substantial and that presumption and puts upon the Commonwealth the whole trial. You are instructed mere is presumed doubt. throughout the whole trial Mor~over of the indictment Commonwealth the defense, of the trial. every reasonable the jury that in law the accused with which he is charged stage of proving I NO. that the defendant is not to be upon �/ �c/ prejudiced agent, party. by the inability nor is he called He rests secure by the Commonwealth c?ce,,a J'e of the PiEN,oBVUIMllfi\.1:o point out any other upon to indicate his own innocence in the presumption which establishes of innocence his guilt beyond by naming guilty the guilty until proof is adduced all reasonable doubt. ��COMMONWEALTH v. SUTTLE, alias BENNETT INSTRUCTION The Court cases, the accused's in his favor beyond instructs minds on the prosecution doubt, If, therefore, of the witnesses and the circumstances guilty. the burden upon a consideration as in all criminal a presumption and not on the accused of the jury a reasonable find him not the jury that in this case, plea of not guilty raises and places a reasonable NO. of innocence of proving to prove his guilt himself of the whole case, shown in evidence, there doubt as to the guilt of the accused, innocent. the testimony exists in the they should ��COMMONWEALTH v. SUTTLE :3 INSTRUCTION In considering burden of proving Court instructs able" nor its reason, whether the guilt the jury of the accused that meaning. and is not to be confused imaginable, conceivable In passing must limit of this case, its drawn therefromo with imaginable a11B11must be proved consideration the natural from lack of evidence, proof essential concerning immaterial and nonessential a reasonable your minds are left from reaching a convinced If, hand, viction the evidence of the truth reasonable of the charge, to be to create doubt, of guilt. in mind that any doubt arising or from questionable fact and not a mere doubt circumstances. consideration of all of the of doubt as to prevent of the accused, you then the burden. after an impartial in the case, of the charge, the at the trial inferences of the accused of the guilt to meet its of all beyond every presented inferences testimony in such a state Commonwealth has failed sideration bear and honest belief on the other doubt, should be a doubt of a material of the guilt after to find should to the proof If, evidence, fact, guilty go beyond such evidence from conflicting of any particular or possible and reasonable cannot the jury the word "reason- of the proof to the evidence nor can you go beyond such evidence Furthermore, the doubt. upon the sufficiency The jury doubt, doubt is a doubt which is founded on or possible includi~g beyond reasonable you should not overlook A reasonable for the law does not say that jury or not the Commonwealth has met its and reasonable you have an abiding you are then satisfied concon- beyond all �/ 't �C01'1MONWEALTH v. SUTTLE INSTRUCTION The Court instructs evidence beyond a reasonable had sexual intercourse 4 the jury doubt that that if you believe the accused, with Linda Mae Waggy, and that Linda Mae Waggy was at the time of such sexual child accused under the age of fourteen guilty regardless in the accomplishment of whether years, or not force in accordance her consent, with the charge Garl Suttle, the said intercourse you will of such act and regardless such act was done with or without punishment (14) from the find a female the said was used by him of whether and shall or not fix his to the jury. The Court further instructs the jury that the slightest penetration of the female organ by the male organ is sufficient to constitute carnal knowledge. ��COMMONWEALTH v. SUTTLE, alias BENNETT INSTRUCTION The Court convicted beyond of the charge a reasonable of the prosecutrix instructs the jury that before in the indictment, doubt that there 's sexual organ NO. the defendant the Commonwealth was an actual by the defendant's must prove penetration sexual can be to some organ. extent ��COMMONWEALTH V. SUTTLE C INSTRUCTION The Court instructs accused guilty uncorroborated of rape, testimony as charged that they may finJ in the indictment, of Linda Mae Waggy alone, credibility of such testimony belief the accused that the jury is sufficient is guilty to bring beyond reasonable the on the if the you to the doubt. ��COMMONWEALTH v. SUTTLE INSTRUCTION_l The Court instructs witnesses appearance is a question exclusively of the witnesses the reasonableness mony, their apparent candor and fairness, they speak, witnesses to the parties, if any, the right circumstances to determine and what is the relative give credit accordingly. their if any appear, appearing of their testi- apparent in- of the of the of the witness and from all on the trial, which witnesses weight manner of the relationship the interest of and from the the opportunity to know whereof surrounding their and consistency witnesses of the trial, the credibility for the jury; or lack of intelligence, in the result that on the stand, testifying, telligence the jury other the jury has are more worthy of credit of any such testimony and to ��COMMONWEALTH v. SUTTLE, alias BENNETT INSTRUCTION The Court by a jury, clusion instructs having the jury that upon the trial the law contemplates of guilt before a concurrence a conviction Therefore, duly considered his fellow jurors, of twelve if any individual entertain of a criminal minds member in this case, a reasonable instructed his own convictions the views convictions, consultation with doubt as to the guilt of the as to the guilt or innocence simply because the rest d' the accused, of the jury entertain as to the guilt or innocence,_ that the jury room is no place that it is the duty of the jurors and candor after it is his duty not to ~~~~~~ convictions in the con- of the jury, and after accused, surrender case can be had. all the evidence should ~ NO. with each other, of their agree fellows, to discuss upon a verdict. different The jury is further for pride of opinion the evidence and with open minds and, ~ or obstinacy, in a spirit to give careful if it can be done without sacrifice but of fairness consideration to of conscientious �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Garland Suttle aka William Bennett Subject The topic of the resource Felony Rape Description An account of the resource Defendant charged with felony rape Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_025 Bennett Suttle https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_006_commonwealth-v-galen-garber.pdf 29f0cb73951dc3bb5010f8340efbb2d0 PDF Text Text - ---c.:EE murder �/ < ) " I / ( _,. ( -') I Z7 , ~ r·- Q) IL I I .,' . �Jt,/w/ !/~~ ..~ / ~/ J/41.,, !J~3 ~ ~~ ~ ~ ~ (~.) / ~ 4-u/~;_,<R-?-:; 12$71/4.. 6) _:._ =-=-,, o.T~~.Pnf6~u~ - /,2,:2-- a. P.¢hkP (1.-) ~ -~ ~c~ (i) ~ ~. '~ (✓) ~ - ~~ ·- (~~~~~) ~7 ~£-2[.f'?,:>.J. ( ;/~ZD a/' ~~ (.~~~~ &"->J - 67/ - ~) • JI~~ ~.,., .2 ~ ~CJ~ ~ ;M~ ~}n-7 ~ ~ ~>;; ~¥1 //ei_. (~92J..,.a9-F-~o/h) ~ - ~.,z;:1~' :r~ I.~ -. ~- ~~~) (~It &~~_; ~ •• - j �t �• in rt 1 cl d JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA, ill rovocati b lful, d li ccu d. VO d Ch i ht h j r v ry or th t ch OS up ct rd, t y t rb int J.l r, , rt y th t if wi killin it h yo to d t r onwe t l �1 3q12 WAJ .AV .S'i 23MAL TA Ylll1110 'rA ,.:>RUS:M02!Rn.,,H �~-~~~~- (;)~ ~ ~ ~~ti-~- ~~~~~~/~~ {~) ~ ~ ~- f~~· ~~ • ~//~ ~~ ~~ �... + ��__, .................. �__7!L(11 (I) c~ L~~ -~ oL-~ ~~~~- Va.k..~ ~ (j) R~ (?)~~~ /4> ~ ~6-~ ~i ~ ~/ ��J--- ��~~~~~~~~ ~✓b~/~~~~~~ ~~ ' ~~ ~~~~~~ ~~ ~~~~ ~d-~ ~ ~~- ,/~/~~~~~ ~~/~ ~ ~~ /.£<¾?/-z ~~ ~~~~~_b~~~~ ~- ' ����w~):r~ ~""~ v{.i)~~~ ✓@ f~ ~~/ ;t' ~~~~ vev~~~d,- /'•~/✓~...... ✓~~/~ ~✓ (i) ~~·a,, .t~~~~ V(2~ ~l /,e'~ "~,,,!C?ef as ✓ (1) f~~ /'- �\ �F/J4~d~ 4,. Ctlf/4-/4 / (7--) -,, ,-,p,- ~~ ~ ~ ~~7 ~~~~~ ~~$~- p ~ J. ~ - ~✓~p ~ ,,~ ~ ~ ~ ~~ ~ ~~~ .J< ~ ,.,. ~ ~ ~✓ ~ ~-;:;-- --7 ~ ~ ~?/~ ~ ~~~ ~ ~ ~ ((~/U'/ -~? r(~ ~=<;i:k..,. • ~ ~ ~ L /? Id/~/ ~~-~~~~ ~~-~~ - ;/ - ;,- ��~/~- ~~~~~~ ~-- ~~~~~o/~~~ ~~#~- ~✓~~ ~ ~ ~~-h? ~2t /0~ /1~ ~~ ~~-- ✓~:ff~ ~y~ ~ 4 ✓1_~ ~~} ✓ ~~ E/ ~y-~~~,1/ ✓-✓ dh, ,,,~ ¥ /4/ ~ ~,., r/7~ - ~ ~ .a,o,-, ft'~~ ~ ~ ---=-c~~~r~~f -~~ ,.,,_.!:',. C::.--- ~ ~ ,~$¥; - ~ ·fesa<Zh,:7~ - ~ 2 ~A C '"- ����y n is I am 23 ye rs of alen Garber. My a dres is Sing r Gl n, V . g. nle s told th t I no k this t t I desir ; that v ryt I ay mu t b of my o freewill, t ything I y can b and will be use in c rosecution. lso been tol ht I en tl o co sel. N verthel , I do m ke the follo•ing st t t un rily this 27th day of July, 1961, in onburg, offic of C onwealth's Atton1ey Court irginia, ·nth pr s nc of C t. 's • Sip nd Deputy Sh riff T L. I h This orning, July 27, 1961, I hot an killed my bot er, Charl s Hollar. Both of us tayin with our ther essi Richards, an our step-fa th r, ichards, on th ..roperty owned by Erl Funk which i located bout 2 miles sou·hw st of Singers Glen in ockin h County, Va. y st pf th r works part of th t• f r Mr. Funk an Mr. unk let u t y th re in a house part of the wag This o about 7 a. . brother, Ch rl s H llar., and mys lf go ument over food that we h d bo ~ had ate d which t tot out i woods while w de W go ument in th h ad my mot r i ing to fi ht to go outside th hou d got int We fou ht for ,....,....... t upt ir 1 ot s to mys o I time I wen • t the gun, stair nt g-room. , Ch rle g standing in ay betw en g roo r 1 ·o a di t c £ et -1=r ime h tion • --=,l~t-=-o=;---===-;:-==-=--=.:;;.;...,,::..::.;:..:;...:.=.....-=-=~;=:_ r ot arted co as hit t .12 uge e d ed st t tem nt ha b Th bov and correc tated ther in ar tru I / I JAMES ATTOR~h /t I SIPE AT LAW HARRISONBURG, VA. WIT SS: r to , and th f cts to the b st of my wl dge. �• rJ J: •• a•ua WA.J ,AV .fl TA a3MAL Y31'1>lOTTA ,.>'1U8,!0i!l'1AAH �I • I COMMONWEALTH v. GALENG BER INSTRUCTION The Court instructs the jury that accidental killing is not a crime, unless the accused in causing such dea~h is so grossly call and culpably negligent us disregard is involuntary for human life, manslaughter. as to indicate a in which event the crime �.tl! l l: 1.lI tx �COIDIONWE.AL 1'II v. GALENGAl: E.t( INST UCTION The Court instructs has established the defense not evidence, the jury that a prim.a facie of accident, beyond a reasonable a :reasonable where the Commonwealth case and the accused relies upon the burden is upon him to prove it, doubt, but by such evidence, dence is considered, - create ~or by a preponderance as will, and leave doubt as to the guilt of' the when the whole evi- in the mind of the jury of the accused. �.. �CO ONvEALTU v. GALEN GARBEl INST UCTION The Court instructs tain a reasonable find him not rtuilty, find that the jury that if they should doubt as to the accused's the accident although guild enter- they should they jury might not be able to ,~as fully proven .. ��COMMONWEALTH v. GARBER INSTRUCTION --- The Court inatructs from the evidence the discharge the accused, him, and that culpable fault the deceased of a shotgun or while was not maliciously the deceased that the jury that in his possession, or intentionally facts LAW OFFICES HARRISONBURG, VA. death from on the part but which shotgun pointed or voluntarily were accidental the duty of the jury to find D. WAMPLER EARMAN came to his at the time in the hands of by the accused, these if they believe of the accused, the accused or aimed at discharged by and without that then it not guiltyo is �I,. ... j -'- u cs e. .c ,J ,, ' iJ <.,- ~J L J I •• I u. '.(I j 0 ~ ~J".tA_[{ ~J ( f"-l--V -vur q l..,___,. u.-!- < ... '-" t.. i.:,J'...l'" Uu .... u- ~ ..., C c. u ( [ i..... _._.., J lo ,..,, C ::.. . "l ,:_ - L,. ;:, j·1 .0 .,_ \) [ ....._.,. ( u - ( (J ' 0 ..., , ( I • j- :., ~ s_r ;:,lr j" L L, u-• j 1 .J. ' Oi..... ":.J!.JJ.., '- ( j" '"''.[ !) :... J.. .d" ~1 u-~ j· f o ....~J..l L,~ ·c; ~ ',.C !) '..) L~-~ 'f)..._ -.,_ !.lf C lt . S· ·'- _t - l. ll. orlJ..,_ u.L. J.. v '..) ,0 ~ ' ~ , ~ ,: _f'_ c,l1 !) f V �CO ONvEALTH V• GALEN GAI E INST UCTION..2::_ The Court instructs to be innocent this the that ccused is presUiiled of tho crime with which he is charged presumption the trial. the jury follows By his every essential ple of "not guilty" the Commonwealth the burden of proving and the accused's every sta the ace ised o,: the inc ict allegation crimed charged throughout the accused and that e of has denied ent and has put upon every element of the uilt beyonc every reasonable is ot a mere form to be dis- doubt. This presumption regarded of innocence by you at pleasure part of the law of the lan(, full benefit t e accuse this is not sufficient feel that committed that the but to warrant guilty nor is it or more the conviction must be proved so clearly theory while you may be suspicious the crime with which he is charged, to convict he is probably reasonable and binoing and you must give the accused instructed that guilt is an essential of such presUlilptinn. You are further guilty, ut it consistent that sufficient itely of this there guilty than not accused, remains with the evidence if you his not one upon which he can be innocent. This burden, shift as so imposed on the Commonwalth, but remains throughout the entire under no requirement to prove or establish if after the evidence considering doubt of the accused's such doubt and find guilt, trial. The accused his innocence, you entertain you must give hi him not guilty. does not is and, a reasonable the benefit of �I ( 1".i :t t d �ALTH INT The Court instructs case is a mere ace\tSation is not, no juror of itself, shoul UCTION ) ~ the jury that he indict or charge against the accused, any evidence of the accused•s pend t himself ont in this to be influenced accused because or on account of the indictment and nuilt; and against the in this case. ��CO ONWEALTH v. GARBER INSTRUCTION __ The Court instructs killing the jury that the defense of accidental of the dee ased goes to the very git denies all criminal the entire burden of proving criminal doubt. T erefore, and killed intent, ccused not guilty guilty manslaughter. ound him, you must find the ~he-jury that if the evidence raises in th minds of the jury doubt as to whether the accused killed Holl r intentionally prisoner instructs case, taken all to ether, a reasonable that such shooting ~ - of The Court further or Co onwealth that the accus d shot the d ceased, y t unless you believe to kill and int nt beyond a reasonabl although you may believ was don intentionally int and throws upon th of the charg or accidentally, Charles they should not find th of a high r offense than that of involuntary ��COMMONWEALTH v. GALEN GARBER - INSTRUCTION The Court instructs the jury th t there burden upon the accused in a crimin l ca e to is never a rove his defense or to dis rove the ca e for the CormnonwealthoUnder the law of this very material all land, the Commonwealthmust allegation contained rove each and in the charge beyond rea on ble doubt, and if the evidence on behalf of the accused or the Commonwealth raises to any mat rial allegation a reaso able doubt as in the charge, then you must find the accused not guilty. The Court further instructs the evidence to be susceptible one of which is consistent the jury that if you believe to two rea onable interpretations, with the innocence of the then you must adopt the interpretation and find the accused not guilty. most favorable ccused, to him �• j I.I ru: b J;: j .t j j£l .r j 'j �COMMONWEALTH v. GALE G B - INSTRUCTION The Court instructs a criminal the jury that upon the trial ca e by a jury the law cont mplates the con- currence of twelve minds in the conclu ion of guilt a conviction sati can be had. Each individu fied beyond a reasonable verdict of guilty. resting u on him a re lize that to a verdict of of the jury, after case, and after not.to of the consent to a should feel the responsibility a member of the jury, and should his own mind must be convinced beyond a reasonable doubt of the guilt set forth Each juror before 1 juror mu t be doubt of the guilt accused bef re he can, under his oath, entertain of of the accused before he can consent uilty. Therefore, having duly considered consultation uch reasonable doubt of the accused's different guilt should as is of the Court, it is his duty his own convictions of the jury entertain member the evidence in this with his fellow juror, in other instructions surrender if any individual simply because the balance convictions. �• �COMMONWEALTH v. GARBER INSTRUCTION The Court instructs believe the accused the indictment accused lesser offense; guilty him guilty LAW OFFICES HARRISONBURG, VA. or involuntary doubt as to whether of voluntaay manslaughter, manslaughter; if you have a reasonable manslaughter, of the doubt of second degree he is manslaughter, manslaughter; doubt as to whether he is guilty of involuntary of involuntary D. WAMPLER EARMAN him guilty of second degree murder or of voluntary manslaughter guiltyo you should give the degree murder or second him guilty if you have a reasonable have a reasonable you that of first in doubt as to If you have a reasonable you should find you should find guilty he is guilty, of such doubt and find he is guilty charged but have a reasonable for instance: degree murder, even though you should of one of the offenses case, offenses the benefit as to whether murder; guilty in this which one of said the jury that if you of Yoluntary you should find and the Court further doubt whether you should find him tells he is guilty the accused not �• V -, ·r 0. .L. .L J. l j j r L. lJ.. b. .() j' 0 l J.. .~ 0 C. JLUJ £., f Lo"" 1 .... , ·o t el o ..c .ulov .. ..L ·•{.'I. ji ! lo'I ...,L[..,J ,1.' JL.! r'I J··1· j'J.. 0~ ~~- '.):J 0 Ch. - '~ • r 0 ls .( ~ j < J. !J ' "J.!' ~J'.1. 00° t ( L. :tl_:_.r.., 4- c., V l J.;O I ..L u •. £, j J.; .Cu L [_ ..!'. ·lo ~ ;:, L. : •.i: ,. .L:... ',. ;:,,r_ J. Jc, V . j~ c., -- l. n. ,c., .t'"· .L '.,.L .0 ,:rl_;. .. 0 ( 0 .j", 'i -• V ;._) ·~ 1 ') l, '.£Clj Jl lo ') r r l .(1 .i: 0 C J C ll . .:tl.:.: j .... JJlo1/L: ..., . il . ·0 0 �' I h Court instr bin t p th Jury t c ful vid ju y JAMES AT"fORNEY R. SIPE AT HARRISONBURG, LAW VA. 1 h 11th y t vi nc C • �WA.J ,AV 'TA Y311!10T"rA ,<>IIUS"108Ul!IAl1 �COMMONWEALTH O Resident OFFICE 40""""°8 O Non-resident REPORT OF NORTH ICHMONO VIRGINIA BY -IBDICAL H¢ L L /'t R ."\ Middle - li,9' - IN EXAMIN AGE. ,, I SEX _. --'-- I.ax name 1-t_A_M__ _....f'C~o~c~lf_,_N~£~ ADDRESS _________ 1, 12TH STREET 19. VA. L VESTIGATION (! H,u u: $ DECEDENT OF DEPARTMENT OF HEAL TH OF THE CHIEF MEDICAL EXA M W ~couaty clD OCCUPATION f :---=L ..... ,..._.6..,_c..._..a..,.e:~R~.------ TYPE OF DEATH: In prison O Suspicious LJ--------------------------_,.,.. swpected Sudden in apparent health : Unattended by a physician: Instantaneo s without obvious cause D Found dead without obvious cause D After unexplained coma Unattended during fatal illness D □ After unexplained rapidly fatal illness O Stillbirth attended by midwife □ D Violent or Unnatural ~ Unusual r DAff TIMI: LMTIUN M.IVI'. INJURYOR !LI.HESS 'P-~')-1. '1- 1:~o I ,.,_(. , DEATH 'J - BY: ~€~•· ~F ~ 1- MEDICAL.EXAMINER NOTIFIED ~ '1-t. '1- (r, I 8 'f:~oAI\"\, 1\ -2.o ~- rri. A,rn. NOTIFICATION ~ l N6-H DI.Ant ., , IOOY Ill' VI~ MllOICALUAMlllllt ., I Cl.OTHllO w' NOSE I MOUTH I E EARS 0 IURN LEl'fGTH ~ UA. DL ,• D E "' r. f:. _ I UYOR D ARMS 0 D D CHEST 0 0 INCISED D BACK D ABDOMEN0 LEGS 0 FRACTURE D OPAt:ITIES. ETC. WEIGHT B,, RIOOA LACERATION0 I BODYHEAT: ... ·--rl NECK GUNSHOT " 0 l"EDUTRtM 0 JAW OTH[" IYU: CM 0 PAIUNOtR 0 IIMD watw,e11,) DRIVEII I ,, l IJ, 0 I', /V'l, NON FATAL WOUNDS ASRASION (lw.'ln. _,_ ,,J ,, 0 L .;a_'1 He T6u IF MOTOR VIHICLI ACCIDaff CHECKOIi« CWntE ,OUOWUIIQ •• CONTUSION 0 STAB PUPILS: R- ,. . tTl . '< ~ A~ fROTH ____ M.OOOr= CIRCUMCIKD0 1- I 614--u..~C. TYPE OF PRtMIUI (L 0., HOSPITAL,HOTtl.. HIGHWAY, ETC.) PAIITI.YCLOTHED O HAI• '4USTACHll ~ POUCI. NOTIFl[D ADDRESS~R hl Roe.. K; '-UNCL.OTHto g '.3 0 CITY OR COUNTY NUURYOR ONKT Of 11.LNDI DUCtllPTION OF IODY 1-~'7-'9 I 4, l"f'I. A.L. S'Tll.-.wPf1tf"i• LOCATION VIEW OF IOOY Means: ,~ COLOR AJlfTDIIOII □ POITUIIOR□ LATIIIM. □ ftEQIOfllM. u !SCALP O FACE NECK O CHEST 0 DISTRIBUTION: IACK D ABDOMENC ARMS D LEGS □ FATA+, WOUNDS: TY1'I(QUNIHOT,INCIHO, STAL ETC.) SIZE Probable ca11seof death: 41-E,n O R ~ ~A4.-£.. A\ ~fiSuLi" oF' ":>~oT~u. rl WOu.rl I) SHAPE LOCATION Mam er uf dcutl,: (C/11d, , . . , cr1rlt'11l Natu1al D O D U11k11,1\11 0 Su1n<le 1111 PLANE. LINE OR DIIIIICTION 01, .,.) . __/ DIS '0S1TIU .• OF CASE: l 'nt a me<lical e.·aminer ca e l [01111rnlelM 2 Autop~v authorized P nchng O Uy: -------------- 0 O Pathologist Dau: C,r, or Cow,t)· of Ape><>inunen, lCal £umiou 18988 ����- .,, 7 I --------- ,,,,,,; ~ ---?'.r:./7 ,n,~ ~'7 /' l " I I r ) ,,, , , /,/ / • jx<' ��Comp. Form 18 l STATE OF VIRGINIA COUNTY OF_~~~=="--------- 1/fO ANY SHERIFF No.,_____ To-Wit: _ OR POLICE OFFICER: of the said tha.________________ _ These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be . ; further dealt with according to law. And you are also directed to summon: color Address -----------------1 color Address color Address ___________ color Address __________ color Address ---------------- □ --□ _ _ ---□ --□ as witnesses. ~~~,______ Given under my hand and seal, this,_ __:;;_J7+...:tl1,.,~-1-----'day of_______ (Titll ~:i:tz7 ot Issuing Officer) _.,,,,..,:__, 19_q_ (Seal) �STATE OF-------------------, OF VIRGINIA-COUNTY a I. • ------------------ to-wit: Judge of me County Court Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that and ---------------------------, to the Commonwealth ($________ as his sure~----, of Virginia have this day each acknowledged themselves indebted Dollars in the sum of------------------------------------- ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: land5, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court County day of _____________ ___, 19___ , That the said ____________________ County, on the _________ of at _______ M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that ___________ days the said --------------------shall keep the peace and be of good behavior for a period of from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this ________ day of _________________ , 19___ _ Judge. J. P. ;. ,. ..., t'rj I>,) ,.Ei" ,. X 'Tj (") 0 ~ c:: s. ,. (")'O (") 0 ,.~::, i:i. .. (J) ~ ~ < (") !" i:i. ;. ,.:r ,. .;;· n > ;. ,. ~ t:, 0 ~ ::cl 3 ~ ~ n l"'.l ..., 0 0 a:: p > ::cl ~ s· o· ::, > 0 z..., a:: z g, 'Tj .. I>,) ;. ,. ::cl t'rj Ul z l"'.l > t"' ..., ..., :x: ~- ;. 5· (") :r I>,) ., Oq _,. .... :::r, ::, i:i. .., 0 E :::1 ::s ,. ..., .. ~ .. 0 ~ (J) (J) n Ul 3 30 3 3 0 s,. ,. s· > ,. I>,) i:i. I>,) 0 0 ,. I>,) Q.. -ffl -0 ::s ~ ~ ;. ~ ::, Oq ~ ?: ,.s s ... ,. ::, ,. (J) (J) '-' (J) .. "' ::, ::s n ~ ,.'Tj,. n ii" ., :,;- ii:: ii" I>,) ,. Oq )> ., ,.., ~ ~ -""3 ., E <: ., I>,) ., C i:i. i5. ,. '< ., I>,) a ,. -0 ::, ~ ::, i:i. I>,) g, '< to < ::;· Oq ji" F' ~ ~ 5· s < ::;· s· Oq I>,) -0 -0 ,. ... ,.0-..... ,.0-. ..., ;. ,. ,.:r I>,) ..... ... (J) ..... g_ '< n 0 ~ 0fl} ~o = ... s· r:, g ~ Oq fl} :;t ;:.· ~- s ,. ,. (J) (J) n 0 (J) ..=., ,.,.... ~ ., .... n 0 ~ (") 0 C l ::, g (") 0 Oq ::, ;:;· ,. i:i. �•d r .. wheth r or not of pr uilt in h Common t, th t ot ov OU ing. d i doubt, doubt not to u ry inabl, In ·d r ti th to ich or , n r yo jury y ct ho d cone l ft C al b b f, oft cu ruth of th d ci uilt tanc 0 of doubt top of t cu V Dt d, th bu de. imp rti , yo in doubt. y or fr t st uilt ch and 1 y dou t t of b 11 f of vine oth r r 1n m· d th on t consid il d to h to fi d nond ch c t 0 i.ng If, , your t th t, pro , on bl ctin articul ch r UC vi C i 1 tot OU t uc v d nee, 0 proo b ou go urth ib videnc " nor c r po cy of th is of i with 1 pon t ust r ord fort V ry tit of jury o r ltl 1 r l ve t n ,t f by d • �"% J: . jd ob sJdsn .AV ,3HUBM021RRAH �• G B Cur T instru of pp te tif int lig nc or ATTORNEY R. SIPE AT HARRlSONBURG, LAW VA. so or th k p f her sult t y it er s et t 1· h e hip o th it s r, an y t e tri t iv ' ·ot re t ng ci c ri ht to 0 of th ·r rel t·on t s, .f trial, f th ir d f irne r lativ ly ht of ty ry; tenc d c n of t th b opa ent can o s d to JAMES r ess 1 tand th~ r urround ly C ODY: witn C r ing test a ju y th t t h tio h n t s are 11 l, th r y such t ur y of y �• 6 3"11a .fl WA.J .AV TA e3MAL Yl!H>!OTTA ,OffU8HOall1ffAH �I Co rt in t r d r t: t . rd y 1 .n ~ in J. 0 1.lL' il by anoth r th l t ut :iy b .. -= on of s int tion in lie-, e rovoc ti p ~ . I\ l ct; or, i JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. ful t. �\ WAJ ,AV TA Y:SIUIOTTA ,li>RUl!IHOc!l>IRAl-1 �v. y 0 , yo in t th with t O ill d gre nit x hi I you d ix unishm•n b t tit ill find . uilty nor t • , p nit nt • , u y o ti or ry or for y for th ir t b t th t kill ac v im uilty atio, of 1 or or in 1 u ry penit t t rd r o rt on bl r or not gui ty of murd r in th th d r fir , nor of v ot 1 t ry fi d h f ot • you find h , no you ill VA. l ce at co fin 8 slau h LAW ty y r. urd r in th n t urd r nd I AT of on out lest HARRISONBURG, fin l·ul, him not u C R. SIPE t ot le not him , ArroRNEY d h tat Ch rl s JAMES t r ree, no· of nit lib th w puni I de r h, or by c e r, bi s th p or or r C rd r in 0 d th t th not les ix t ur find h yo , ten g i t f nd urd r s wilful, tit or li • , or for nt1. r thought, d t gt, o t th fiv y , or, �3"118 .R 83MAl WAJ .AV TA Y31'1SIOT7A ,;>SIUBl-!OetR>!AH �in your 1 er tio, by a fin d 11 rs, y t oth JAMES ATTORNEY R. SIPE A.T LAW HARRISONBURG, VA. ot o j il g C XC t OU in y d r , .. yo or. o ind h , yo i 1 y 0 no r �0 .[ rl 3C'fla WA.J .AV .fl 83MAL TA Y!ll1>1OTTA .~HUSH021RflAH �I I ( j v. G ER IO Th Cu fir t degr instruc i y w lful, ill ·ng of on h bin d r in th e b 0 deliber bein io try o one h cuti erfo JAMES ATTORNEY R. SI~ AT LiW HARRISONBURG. \ YA.\ \ \ by ec t and pr it otb r with d d re i lice~ the 1 c, t ilful tillin but wit o t y dit tion. manslau ht r i t e int ntion 1 kill. g t s Invol killing rder int being by anoth r tl.thout m s dden o deliber by another with and pre t the j ry t ry mansl ughter of y t o unl c of cus ful ct; 1 ful ct. or, in i tenti bil h n er ~ed in th in lly n 1 pros li t �\ .[ a_q1a .~ 2.3MAL / W~.J TA ' :/ ,..,J Y3ill'IOTTA ,;,Hua1o1oe11111AH �I r ruct· t • 1, i t 0 C ' t r r u r ' i r t 111 y tion •t 0 JAMES ATTORNEY R. SIPE AT HARRlSONBURG, LAW VA. b 1 or 0 t y t r 0 V 0 ly. ') �., . II . 3"118 .S'I 83MAL WAJ .AV TA Y!HtllOTTA ,.>!lU8110al!l!lAH �, i o r o b r y it: ockin l: h to .. ty, , 1961 lt" o! 0 irgini, d ty 0 Ii: y, upo d y , 19 1, urder d 1th d Up t • L. , • t JAMES R. SIPE ATTORNEY HARRISONBURG. AT LAW VA. r to V V r 1 , urt • �J: 3912 WAJ .AV .S'I e3MAL TA Y311>10TTA ,.>.HUSJII081H51AH � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Galen Garber Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1961 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_006 Garber https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_005_commonwealth-v-fred-gilbert-shifflett.pdf eacd19324f9bd45127265bbdf96767c6 PDF Text Text ���'J ' I '"'r '!'- ������-------- �Friday, N0 vember 18, 1955 Commonwealth On en indictment v. Fred Gilbert for a felony Shifflett This day came the attorneyfor Fred Gilbert county Shifflett, and by his the commonwe 1th, came in the custody attorneys, Charles And from persons free I persons were examined from exception; twenty persons counsel for of four persons, whereupon, true summoned by the was handed the accused, twelve deliverance Thereupon, verdict jury be segregated ~he court thereupon at all ~rm.:1:pu:rP exce~ t during ~ placed for overnight Deputy Sheriff, of their 2bility, for striking that during touching therefrom the names and truly try and the trial jury ~ :Jou r~'? I jury during of-this that case; the a.:ae..~ be~·~µx±m:gHfil:'mX sequestered this trial, of A. L. Strawderman, together,except relative and the Sheriff, end trul during speak to them nor suffer any m tter at the to the law and the evidence. the period;.; and being: who were s orn to well keep the facias, the commonwealth and the com:::1onwealth moved the court neither to speak to them, attorney according in the custody s,,i tzer, of venire the n2.l!les of said were sworn to well times ordered M. Weaver. the conL~onwealth and the prisoner render the attorney of this e.nd found duly qualified contcining twelve persons make between bar and a true ry under writs /1. each alternately the remaining said sheriff a list to the sheriff CofJAI by the court whereupon, of the and the accused, A. Hammer and Ru~ sell of rh,5 twenty (murder) to this r, jury s and W. A. to the best overnig:;;:~;i:~ any other trial. person ��And having recessed heard until a portion of the evidence, tomorrow morning at nine thereupon case is o' cloc]j:-.XElllx:tkRx{i:ia::icy:xmrx /JUL ' V)A.,, this ��r COMMONWEALTH vs.1:-,,d~ //J. DESCRIPTION OF PRISONER Last known address _ _,_fJ_,J!.""""""4-'""':....;...p,<--:=--~-~-~--=:.-=.-------------------- VY Color Marks, __ Age ___,:Oc.__ "1-- 3 Date of Trial,_ __ Height -- / t> / /4- • yes ~ ____________________________ _ Occupatio111-_..!.../1_r=--~~__,c__,:=-=-----=--=-· _.i-t_--=~-------------___:_/_,_/_----'-)--=-_-_/....,1_.,,__!_Y_~ __ ~~;..-==~=:____L/.../.,/:___:_-~3':........:_t:;_.,,,...._~~~fJ=---- ��~ -------------------..,----- ~ -d.. ,.. t �1--------------- - -- -----~--~- ---- �G. H. Parent Co. Ashland, Va. F N orm o. 777 to-wit: In the Circuit Court of said October county County The grand jurors of the Commonwealth of Virginia, in and for the body of the Rockingham , now attending the Circuit Court of the said of county FRED GILBERT SHIFFLETT upon their oath present that within twelve months prior to the finding of this indictment, to-wit, on thR or a bout the October , in the year one thousand nine hundred and fifty-Yi ve City of Harrisonburg in the said county, did , feloniously kill and murder one Marlene Yvonne against the peace and dignity of the Commonwealth of Vi~ginia. Upon the evidence of 'Term, r9 55 Chief of Police Julius F. Ritchie, witnessa sworn in open Court and sent to the grand jury to give evidence. a 2nd day of and in the Shifflett, �3o.J3 I AL'TH INDICTMENTFOR A COMMON.WE vs. FELONY FRED_ GIL.,B.E.flT ___mu]'.F_LET.T_____ A TRUE BILL c<IZ-4'1~ 7 George D. Conrad Commonwealth's Attorney �Commonwealth v. Shifflett INSTRUCTION The Court instructs accused to be innocent doubt, and if there the jury that the law presumes until he is proved is upon the minds doubt of the guilt of the accused, him, and that mere strong, suspicion is not sufficient if::; J 7 NO. guilty beyond a reasonable of the jury any reasonable the law makes or probability to convict; the it their duty to acquit of his guilt, nor is it sufficient however if the greater weight of a preponderance of the evidence supports indictment; but to warrant his conviction, his guilt must be proved so clearly and the evidence every reasonable But, in cases hypothesis rely simply must be so strong the Court the defendant of the jury as to whether mitted the crime further a reasonable he was insane as not to be responsible J- tells the jury that of insanity, doubt in the at the time he com- therefor, upon him to prove this fact to the satisfaction from all evidence. as to exclude sets up the defense on having raised minds results in the of his innocence. in this connection, like this where he cannot thereof the charge but the burden of the jury as fairly is ��Commonwealth V. Shifflett INSTRUCTION The Court the evidence instructs that the killing of passion on sufficient voluntary manslaughter. ' 7 < ,,, l/--vJ_J_/ ;I JI: 4 the jury that if they should was done without provocation, ~ NO. f malice, such killing /4-- find from in the heat amounts to 1/vn,,h?'fY" ~ ��INSTRUCTIO,N NO. The Court instructs from the evidence, heat of passion, to manslaughter only; if, the heat of passion,but such killing ( the jury that if they shal~ find, that the killing on a sufficient Lf_ was done without malice,in provocation such killing however, they find the killing on a slight and insufficient amounts was done in provocation may amount to murder in the second degree the ��INSTRUCTION NO. The Court instructs evidence, that Fred Shifflett indictment _..i.,_ the jury that if they believe, committed the homicide charged in the in the heat of passion, excited by a reasonable which caused him to do the act without premeditation insufficient to deprive him of the power of self he is guilty of murder in the second degree, which he received self control from the was such as to reasonably provocation and yet which was control, in that case but if the provocation deprive him of power of at the time the homicide was committed then they should find him not guilty of murder but manslaughter. ��v. SB:L'.'L ·TT r:~sTi-rJcT r 1:c. 'J,,I 111 The court from th evidence accused accus had d, deceased such able to seek doubt find' as the case jury that marital of the rhich same, such to his th deceas~d went im :=uilt-y and to the the home of while to. that the seeking eed his plea, or r e ovurtook that there may be a reason- t act delio tells the j1r~ that e irst de~ree. of mu.rd r ,I-- and the an er, done n t e court you believe deceased refused an extent having the if and that oassion, to that difficulties, a reconcilation, the of of mi~d this havin reconcilation )remeditatedly; cannot been in as a result s a result state instructs int his rately and t.~y ��'!. nhe 'Jreraedi t'1e first ta tion, court they instructs cannot the find jury that if him [ uil ty ) v <;: 1/-vJ-f //// / the of murd de[;ree. I at time r in ��V. St:IL",. 'LE'r The court the jury that 10micide is presumed d~cree. If th~ Corri..~onwealth would elevate murder in the istics of that committed. by premeditated and if of roof c- I instructs the is first lav.r to be murder by de~r~e, offense; t· at the defendant act prior priso!ler sne must is, by to the a would reduce the on him. (7Y L-./7_ ?es I/- Y7- Jj //1✓ r L_, second to ~he offense such ·willful, shooting in the im~rove that unlawful every the offense characterwas deliberate, of thJ offense, and deceased; the burden ��COL 01TIBALTII 1 v. Irs The court of a human beine and uremeditated, de;:r e. 'RUCTION instructs be malicious then such No._d_ ~he but ~dllin[ jury that not if willful, is murder the ~illin[ deliberate, in. the second ��v. INSTHUCr:J.' I N NC. The murder or that in this any that it the act for of are t11.e first oreviously for tir1e jury degree, formed to desicn lencth of should have a course done, and not brou the reflection. act or tat, there desiGn premeditated 9ctrticular instructed ~ must kill to to but ~ill tie. so recently acout before, be a premeditated, it is s.ould It determinately ht constitute is not necessary ave existed only necessary fixed on, bT provocation as not to before t the cive time �;:_ ( �cm. 01' LTH v. HIFi?LEI 11l 1 INSTRUCT ION NO. The nurd r in incit6d been to first Qeer~e t' e dlling t.at t. en must is and to the and 1 say, ~illed that t • prisoner that premeditated have jury by :ri.alice, deliberate, deliberated, and instructs the vilful, wrisoner; court the constitute must the remeditated tat her. and to ave 'dllinc on the prisoner e should been must !'lave part of t.e must nave willed, ~ill the deceasea ��Commonwealth v. Fred Gilbert Shifflett CHARGETO JURY If you find murder, as charged committed with deliberate finement degree fix twenty less five of murder upon sudden not less by a fine him not murder of was was wilful, him guilty of murder at death, or by con- any term not without less more than five him guilty his than guilty but in the that provocation, and for not first degree, he killed Marlene actual or implied, or in mutual manslaughter of murder degree, of involuntary combat, and fix for exceeding than in the not less five ~1,000.00, first nor of voluntary manslaughter, at confinement one nor ~ore of not you his than years. second punishment then years. in the penitentiary him not in the in- aforethought, degree, aforethought, of voluntary at confinement second of murder degree, on reasonable malice in the penitentiary twenty malice with in the and premeditated, in the guilty second him guilty of murder and fix it as charged deliberate of murder in the If you find but find guilty the or for same was committed at confinement heat, find punishment nor life, of murder, nor more than Yvonne Shifflett one nor the punishment you will find punishment for was not wilful, If you find nor and that you will him guilty him guilty than and that aforethought, his Shifflett, years. it find Gilbert indictment, and fix and that that his Fred in the penitentiary dictment, will in the malice If you find but accused, and premeditated, in the first than the degree, manslaughter, you will in the penitentiary years, or, in your or by confinement say so for discretion, in jail �l �Com. v. Fred not exceeding Gilbert Shifflett one year, If you find him not --~harge or by both guilty, to Jury-- such fine you will Page 2 and imprisonment. say so and no more. ��Commonwealth v. Fred Gilbert Shifflett I INSTRUCTION The first Court degree killing of is in being deliberate passion the jury that murder deliberate being degree with is in the and premeditated by another second by another with the malice. killing malice but is killing of without one being and premeditated. Voluntary being the any wilful, one human Murder human instructs manslaughter by another engendered provocation. without malice, or brought the in about the of heat one human of by reasonable sudden ��Commonwealth v. Fred Gilbert Shifflett V INSTRUCTION The Court instructs law of homicides in a technical includes not with such a heart and used sense. only unjustifiable and corrupt motive, motive, or excuse. excuse, however malice and it but an evil act of murder express every an action as carry as applied definitions duty flowing is It and mind and purpose, plain attended indication bent done intentionally may be inferred used from any wicked and deliberately done without to the or implied. unlawful in them the means a wrong act and cruel The Court that denoting It malice may be either of social just that and hatred circumstances Malice jury in the done with mischief. deliberate It anger regardless cause the on without or implied reasonable of from any provocation or sudden. further shall may first or at any previous have instructs existed come into time. the for existence jury that it any particular at the time is not necessary length of time of the killing ��Commonwealth v. Shifflett INSTRUCTION The Court other criminal presumption wealth cases, If, therefore, of the witnesses they should .fl//, a and puts upon the Commona reasonable of the whole case, and the circumstances as in all of guilt raises his guilt beyond upon consideration in the· minds accused, denial in his favor of proving 3 the jury that in this case, the accused's of innocence the burden exists instructs NO. proven of the jury a reasonable find him not guilty . doubt. the testimony in evidence, there doubt of the guilt of the �•. �Commonwealth v. Fred Gilbert Shifflett INSTRUCTION_![__ The Court the instructs the Commonwealth to prove doubt of an offense against the accused and every material accused, certainty more than the accused satisfy is does not the jury thereof the guilt all that it all all thereof, is necessary pf the upon the resting beyond element possibility beyond burden guilty mean that the or beyond guilty that the Commonwealth to establish absolute jury accused reasonable reasonable charged for the to an of mistake evidence upon or to do as a whole doubt. �•. l �Commonwealth v. Fred Gilbert Shifflett INSTRUCTION ._s-- The Court this case, if one of the 1) degree That the less for That the 3) 5 the which is punishable less accused life than 4) accused accused the under evidence, guilty by death the the jury accused of murder indictment in may find any is guilty less of murder by confinement or is of voluntary 5 years, is not first in the than 20 years, in the second in the 20 years, guilty in the or confinement any term not by confinement 1 nor more than That is or for nor more than That that verdicts: which is punishable than jury by the is punishable penitentiary 2) the warranted following which degree instructs penitentiary or not manslaughter in the penitentiary not or guilty. • �.. ... �Commonwealth v. Fred Gilbert Shifflett INSTRUCTION to The Court intend that or necessary with killed that any, his the such circumstances he is or upon there prisoner showing proves weapon wife, premeditated of which guilty the he is killing, extenuating extenuating appear of murder jury does, consequence a deadly without instructs very act, if facie necessity circumstances, circumstances, from the case in the first presumed immediate the prisoner, possession, of wilful, and the the provocation a prima guilty is and previous slight is a man is or which of his in his that shot and presumption deliberate rests and unless or upon him he such made by the degree. and Commonwealth, �.. �Commonwealth v. Fred Gilbert Shifflett INSTRUCTION The malice is the is proved, burden I Court instructs presumed and of is from the the jury fact unaccompanied disproving malice _2_ that on a charge of killing. with is When the circumstances thrown of murder, upon of the killing extenuation, accused. ��Commonwealth v. Fred Gilbert Shifflett INSTRUCTION The Court deliberate, the instructs the and premeditated intention to kill time prior to the such intention time at the actual should time should jury that to constitute killing, it exist killing; have X for it come into of such killing, a wilful, is not necessary that any particular length is only necessary that existence first for the or at any time previously. of ��Commonwealth v. Fred Gilbert Shifflett INSTRUCTION The Court homicide and if are proven of like circumstantial therefrom such may be the deliberation may be proved or instructs facts, any other deliberation so inferred. that in warrant fact, a case by the by either circumstances and a reasonable justify doubt or premeditation, and of accused direct or by a combination surrounding beyond jury or premeditation evidence which _i_ of both; conditions an inference of the then existence the same �/ --....__ �Commonwealth v. Fred Gilbert Shifflett INSTRUCTION The Court Virginia is presumed, be murder offense instructs in the circumstances, evidence of the I that degree or excuse to introduce Commonwealth. homicide of other and in order to reduce or justification, every absence first and in order accused jury degree, in the or to show justification is upon the in the second to murder Commonwealth; the /O the the for to to elevate the offense evidence unless evidence, burden the in killing, is upon the to manslaughter the burden to show extenuating it appears from the ��ii_ INSTRUCTION NO. The Court instructs the first degree the evidence must clearly any reasonable killing doubt, that the prisoner of the deceased by malice, but such killing act on the part killing the jury that the defendant and distinctly understood to do; he must have also reflected premeditated that injury the probable there be a reasonable premeditated to kill which would probably guilty the deceased, result and premeditated what he willed and deliberated of which would be death. of murder in the first degree. And if deliberated the deceased or do her some serious her death, and or do her some serious doubt whether he had willed, occasion to the wickedness of heart; deliberate, and intended bodily prove,beyond in other words at the time of the must have distinctly he would kill murder in was not only incited and desperate must have been a willful, of the defendant; to constitute and bodily injury they ought not to find him �.,. �Commonwealth v. Fred Gilbert Shifflett E INSTRUCTION The Court question into of the instructs guil.t consideration commission the other the case. jury that or innocence the of the facts the crime, flight if of the of the the and circumstances in determining accused, prisoner after same is proven)along introduced the you may take the with in evidence all in ��Commonwealth v. Fred Gilbert Shifflett /'S INSTRUCTION The Court prisoner, considered instructs when proven, by the jury, the whether but of a prisoner is the in connection with that the good or bad, its innocence jury, jury weight a matter the for other character is a fact as affecting the facts of a to be the guilt determination of proven in the or case. �r "Ji �Commonwealth v. Fred Gilbert Shifflett INSTRUCTION The Court witnesses is have the right on the their the a question stand, consistency instructs of their apparent relationship testimony,, witness of the witness in the result from all surrounding other determine the relative accordingly. which witnesses weight from the the for their or lack jury; apparent trial, more worthy of any such testimony, if if of and the of the jury witnesses reasonableness candor of intelligence, circumstances are the the to the parties, of the credibility appearance manner of testifying, intelligence of the that exclusively to determine their jury _d_ any, and fairness, the the interest any appear, appearing of credit and on the and trial, and what is and to give credit ��cm iT ' Or .~AL'll::: l . The court reasonable doubt prisoner as may be in his favor, illustrat~ is instructs t1ey s:1.ould '.ave reasonable ...ind in doubt '-uil ty o· • .,.,ans aucl1.tcr, doubt de)cree v1~1.eth r i.e be in favor of the that of they if shall reasonable doubt first to .vhet 1 and uil ty if at accused o.11, and as er he is the tow t.1e have to r he seccnd ~uilty If find a r as onaole him. de--r t•1ey of murder s:.ould t 1ey must acquit doubt et~ de§_ree. they r that low r [rade; second or manslauehter, a of ,,;rhich the or degree in the have resolve of the th they offens~ him ruilty as s econc. to [rade hi!"'. cu.ilty i:i the as jury t' at have of murder the/ the suilty, and find if cuiltJ to the resolve him doubt t' at e, �u r.l • �C01IT-ON AL1'H V. 'e court criminal of case twelve tion instructs minds in of t~e de ree of t or of th J dence in jurors, o~ t ~ur this it tne uilt derree of [Uilt, as room that it is a snirit their of minds fello,s, conscientious not no place t. l"J dutt fairness to cive anQ, and car if convictions, of as i, ful it all douct his accused, the rest tote jurors candor Yith consid can to b aLree ration done the as cuilt tot jury or innocence or discuss each evi- fellow of t1e o inion mem- own convictio:1.s or guilt of to of the are1 ~·ur-c 11e-r inst1·ucted rid ~ his ~uilt tne t s to ~h the respect with o to ny indi victual s1 rrendor oecause for o~ to nee 1'he jurJ ith considered degree a convic- r·espect consultation s ~o tne innoc oefore 'ith if duly of a a concurrence true a reasonabl~ convictions is likewise aving si~ply t. e decree. to true trial t uilt Th re fore, duty or different jur; oJen his t upon of this nd after or to tain is enttrtain is is but c se, aecused, accus-.,d, only after ~ ~ ' should v conclusion crime. 1e tn 1 the Not 1 jur. t e 1 r con-cemplates accused, the as a jury b can be had. ~uilt th oth to the u on a verdict. nteror that t e obsti~acy, t witnout c ~ r, out evidenc in and with views sacrifice of of ��Commonwealth of Virginia: To the Sheriff of Rockingham Cpunty, Greeting: You are hereby commanded to summon ...................Chi.ef ...J\!.J.i.v...s ....f...~....~.i.t<?.P.J ..~ ..................... . to ap1'.e6r: fJ(Jore the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at Y/Xo'clock, a. m., on the ...17 ...day of-....................................... .0.cto.b.e.r............................ 19 .. 55, to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ..................... . ............................................................... v.s ...... FR D...GI.LBER.T ...SHIFF.L.EI1.T ................................... . who stands charged with a felony 1ffl.s:d"DIIJR{JfJJOv;, And this yon shall not omit under penalty of £100. Witness, '-~~ll day of....... Octo.b.e.r.......... 19.55., and in the ...1.8.0.t THE SEltVICE PRESS, HARR150NBVRG, VA. And have then and there this Writ. �Commonwealth v.) Grand Jury Fred Gilbert Subpoena Shifflett To Oct. 17, 1955 at 10:00 a.m. �In the Name of the Commonwealth of Virginiai_ • 0g~. o f th e C. ity To the StiUi'fl:ZiKK~Ka'frilC~iy, of R. ichmond Greeting: You are hereby commanded to summon ............C..... for-er.t_on ..Le.e ....(.C.raig.-1!c ...L.ee. .... .........................._9.10..Mutua. l ...Bui l ding) .............................................................................. . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10:00 o'clock, a. m., on the ...J~...... day oL ........~S?.Y.'?.!'!1:1=!.~.~ .......... , 19..2?, to testify and the truth to say in behalf of the Commonwealth against ............................... . FR~D GILBERT SHIFFL~TT who stands charged with and indicted for a felony mlt:N~~ And this you shall not omit under penalty. And have then and there this Writ. Witness, .3')ROtmr:.R:S~~~~ of .....TIS?.Y.~~h.~.!' ............ , 19... J9......... day THB SEJ.YICE PllSS, HAl.&.ISONaU&G, TA. 5.5., and in the....... at the Court House, the Ith. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ... ... S.e.r.ge9,pJ, ..AlJ..en...H.ar.YJ~Y. ..................................... . .r..i.<1._g~ v.i:a..tE? .r..,....v..il..~..................................................... . .... .................. ........................ ............ ..............B. to ~p~ear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, a?ii~clock, say in behalf a. m., on the.18.t.laay of the Defendant of. .......NO.V~WP.~.r.,..............195.5 ... to testify and the truth to in the prosecution of the Commonwealth against....................................... . ................................................f..+.e~;t..S..h;i,.. f.f.l.~.t.t .......................................................................... . who stands charged with and indicted for a felony #J~;x::x And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .....J.q.t:q······· day of ...N.ov.emb.e.r., ......19.5.5., and in the J.,. �u,.:::: ~XECUTEDfl,.w'..>JIN THE COUNTY n ROCKINGH~M BY :1ELI'~~ 1.It 1'1 :::i; O') l:t < .- o:i: co ll) zc.:, __,. r-il:ts:zo V) QC > - 0(;) oe5 o :I: z t ~ ~ ~ ------- �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .. ..L.~<;!.~Y. f..9+.t.Z., ... 1~.f.9Y ....f<?.+.t.~.1.... Q.:PJ?~r.t ...... .J..~ci:r:LEl.t.t?: ...~.~~.f..f.~.El~~l .............................................................................................................. . to app$_arbefore the Judge of the Circuit Court of Rockingham County, at the Court House thereof, 9.• .JO at J4s: o'clock, a. m., on the.l.8.tbday of.......N.o.V.~WP..~.+.., .............. 19 .55.to testify and the truth to say in behalf of the Defendant in the prosecution of the Commonwealth against.............~ ........................ .. ................................ ........... Fr.ed ..S.hi.f.flett, .................................................................................... .. who stands charged with and indicted for a felony~~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, ]. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .......l5.t.P.: ..... day of ....~O.Y.~P'.!-P.e.r.,,.... 19 ...5..5, and in thel$.0~l)e_3' of the Com. onw,ealth. e~~~kin! f ') �~ '9 rmv·15195 -=:i SHERIFPSOFFI i ~ ROCKINGHA .,;, COUNTY ~ fJ<EClJTED./L -/6 - ____ _s._.s. ..=IN THE COUNTYOF R · KJNGHAM BYDE IVERING A TR:Ji:: IT.~!N.. .... 1 '1/L • J •• .... ··- . -- - ·-----............ _ ~ - �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ___ .K.ennet_h __ Bo_wma.n...an.d ..__ l[~_rnQ_r._.:S.QYfill.J.m., -··-----··-·····--·-·····- ·····-·--·--·-----····-····-··-·---····----·-·-··--··-··-·-··--·-JJ) , ·t.~·-·· "·'- -' ··-···· 6- d....h, -····-··-···--··· to appear befor :t~1) Judge of the Circuit Court of Rockingham County, at the Court House thereof, at iiitJtJ o'clock, a. m., on the.18-th._day oL __.__Nos.emb.e.r __,......__ ., 19....5_!5, 9 to testify and the truth to say in behalf of the Commonwealth -········-·······---·----···-···-----·--·--··i.'·r..e_d ..S_hif.fle.tt against ··--·-··--··-···-···--······-··· .......--...___ ......_._._. _____ ...___ ...._._··-·--··---·····-·-····-··-··· who stands charged with and indicted for a felonyB~i:fEffill;jIDK: And this you shall not omit under penalty. And have then and there this Writ. ,vitness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .1.7.th ..day of .... _N.av.eru.be_r., ..-···-··• 19.5.5.., and ·n the],._$..0:t~ar of the Commonwealth. THB SEIi.VICE PttEss. }IAR.&UONBUllG. VA. �COP¥.,OF THE WITHI 1 .,,7;/:i TO~'i/ I.N PERSON• ..._...,.__/;) ____ 'M b~ dh £t,,_, ~ ;;;.._;;;=-..,,_,.-~ r< -~~ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ....K.enn.e.th..Bo.wma.n ...a.nd....V:~.r;nQ.+. ...:S.QYWJ..?Jl, ·······································································•··················•lJJ.1:t.~.... .1 •••.•.•• Y:i:!.!'...~.~ . ............... . to appear befor9l~n Judge of the Circuit Court of Rockingham County, at the Court House thereof, at i.itJtJ o'clock, a. m., on the.18.th ..day oL .....No.~.emb.e.r.~·········• 19....5.~, to testify and the truth to say in behalf of the Commonwealth against ............................... . ............................................. .E.:r.e..d ..S.hif.fle.t.t .......................................................................... . who stands charged with and indicted for a felony~i¥"~:iK And this you shall not omit under penalty. And have then and there this Writ. ,vitness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .l7.th ..day of ..... N.o.v:e.m..be.r.-, ........., 19.55., and ·11 thel~H):t~ar of the Commonwealth . .....~ ..., ......~................ , Clerk THI SEIi.ViCE PllE55 0 HAIUUSONaUJ.G, VA. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockif7~ You are hereby commanded to summon _____________ ~-~~--- /,~th Greeting: .t-~~-------------------------------- to appear before the Judge of the Circuit Court of Rockingham q: 01> d House thereof, at~ o'clock, a. m., on the_/_4 _______ day 0L4/_r to testify and the truth to say in bdgl~f of 1e C~n County, County, at the Court ________________________ , 19_[_~- aga ·ns~;;~-z;-·----------------- ----------------------------------------------------------· ~- -----------------~-----·--------------------!l'J::..~--------------------------who stands charged with and indicted for a felony misdemeanor. And this you shall not omit under penalty. And have then and there this Writ. Witness, J. ROOERT S\1\11TZER,el:erk «;f om said CcJITft the Court House, the __f___J____ day of . ____ ,(V.°£7!_,_________________ , 195:'S,and il-t e __ ,f"__c THI! SRI.VICK Puss. HAl.1.JSONBU&G, YA. �,- SECUTEDll-12-~"' IN THE COUNTY01' ROCKINGHAM BY DELI co ROCKINGHAM COUN1Y �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: g to appear before t~.-&51ge of the Circuit Court of Rockingham County, at the co House thereof, at 10:~'clock, a. m., on the ___ ~~----·--day oL_·-------~-~::'.~-~~-~-~---····-, 19......, 5 to testify and the truth to say in behalf of the Commonwealth against ··-------···············--·----· FRED GILBERT SHIFELETT, who stands charged with and indicted for a felony ~~~ . And this you shall not omit under penalty. And have then and there this Writ. Witness, J~:K+~:tela:ltlSifC~X~R\iX, ~ at the Court House, the ..J1....... day of ..··-~-~Y-~~"!-?-~!_ ........... , 19?..~..., d in the J .. year f the Common we ,._ Ith. __ ~ TH8 SRI.YICB PUSS, HA&aISONBUllG, 'YA. �//i~6--:.l~ THE COUN'1.Y01 JW;CU~ ROCKil r.. , corr -TO _f J r.~ ,J L~ ..JEuT ~pr,Jn. fl. rr'QP , .... .,...,., 5P..Jli.JYu:'J'J- ,Lv,,;d,,.,J _5\.~ Y l..cJ·r -.-I .. , ,! 9. J.A,t,')'n-"'"...,o.¥, - E✓ --L-~"r-F COUNTY ���Not finding.... , ·- rJ J..i.~.~.1.~..i1..J.e..iJ'.i..... ~.~.t;.A.t.~ ..~.:~ ........at his usual ~ · ,.· • ) -............................................. l O·· ~ lace of abode, Executed ........J. by delivc-m.,(1 a $ me copy of th.isSv.b .~J..~T(.V.1? .....B9-.k!.h1.~.......... . ..l~'.i..0.'>') . _}.L~.... :f~t.h ..~~r ·:1,, sual place of abodc.}lt\r.(~.S ..... y,.r''~ i~.~.!!.J3 .... 1 .~ .... )Jo )'Yi~".'rl..... .. , b~iu-; a m • .'-.·of ris family above the , e of 16 y , r , .._d e. ,-,1i in.i, d1...: pl 0 her. ~.~l.~.~···· • c::-t ..ii.rcof A.L. TR M ER AN -·····--------------------------------------------------------------------------------·-··· ~~ it. c. Deputy 1 ..-..~-A.b:').".'~~··························-·· Sheriff..e., .. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon_v.: __.J ....~.9.hJ.'?J ...~.:f. ..l.~.:!:?:-.yi···~~!.!~~ ..-····-·· i!·!~h-t:t~:~·;····E-r-p✓~~·r!t:~-tr&mtn~·~J}·%fr:.:-~:.;-ti~..,Bo~~~~~~.~~.---· ·····✓·············--·-···································-·····-········-·········-··············--····\I( ··-·········u··········-···················· 6) Sgt .. ····················-·-·-···y-;: E. Martin; 7) Deputy Sheriff ································-···························-·-·······-·-·····-·····-···········} BL ....Of fie er ...Gifford M. L. noover; •••••••••••••••··•••• .. Joseph.;_ ...9 ) ......Dr .•...F .•L •..._Byers ; ... 10 ·····················--·· v Emory ..Shif f.let t ····················-•················ ····························-···································-···· to appear before l:·oJ@udge of the Circuit Court of Rock.ingham County, at the Court . C(~ House thereof, at . o'clock, a. m., on the ....L8t.hday of.. ........N.QY.~m.1?.~~ ..._...._, 19 .._~5, to testify and the truth to say in behalf of the Commonwealth ·····················-······-··············· FRED .. against ······-·······-················· GILB ..RT...SHIFFLETT ..................................................... . who stands charged with and indicted for a felony TJl::S ♦MAA&♦ And this you shall not omit under penalty. And have then and there this Writ. Witness, J:- flflEl~~,H.xjlxfit.x(hobnfJ,coo:1t~:;(';Q~, at the Court House, the .-9th._ ..day of ......NO.Y.e.mb~.:r ........-.., 19.5-5..., and in oft e Comma THE SEJ.VJCE PRESS, HAR.IUSONBlJRG 0 VA. �~ 6 fg ?i •.. 0::: E-i fg ~ 0 c!) ~·1 0 :z H ~- f=-1 1--l H ril .:C l:i z ril rd f ~\ tr: µ:) V \ zH ~·1 ·o "":;! ::r: c..., ~-. • ·-1'::'.1 • ':;)i e--< Ii, ~ .....,~: 0~ ~ 0 ·" ~~.-1 '!') Q ~ s:~ ~ co ri:1 I ~I ~~,..., ~!_z -.!.i Q ~'.,,. µ:1 Cl &--1 :;-::; Ci] bo...,.rti ~ ,..:: O ~ :t:• ·---i I.I t~ # .-t: ~ t ~ ~2! ~ .j L i' t1' _j ~ ... ~ 0-~ ~"' ' ~ ................ ~.;. , (_ , ' ~ \ I( ~ ~ 0 ••••'-'• A. L STP J\J~fO,J:R ..... bis u~l it 1 ~ ~ ~ a: ,-4 lJ .. < >a..~~~ 1,~ ~. \) "" r.z ;.. :::, -.t ~L.I.J~o it.; \;) '"'!t- \.. -~ • • (..) "f,... :;:.~ 0 ~ t:- 0 W7 • - ...... - . ~- :i. -l.~:;., . ,_-~-d~\~-~ - /~x-::: ~ ~.c,o~ o..::S ~ ~CJ ·')1 fal ,-tr- \ ,\:• '? '~OCJ ~(:5,#-~~~~ ~• ,, .• ;(~.~~ \~\ - I -----· .lh.:r..t.i!s. ..B.f>lQa/n.a.)1 .. to_}J_r._}/J~t?':.(_(l..~ ....O..Q.Mi.i.Y.t~:'h //:.f P..::.£_~-: ..................... by deli~ering' Not lindfog_____ .'.J.'.~-'--~-~--"..~ __ .Q-..fil~---•t pJace of aborfo, Executed ......... ·- !\ ;_,ai ,f~, ..... t_,;, ~:1a;;..tthi,nrnf ~-••;..-1, •-~&/.lJ;J&~L .., .""' .. a••,.: J3.~:,~.ma:n, b.h '. tn' T:'1'n· of .. .\,, ,o,~ou, "' .,;,_/j,r;, true copy of this.5 •.V..YY)..1-\t\. ..O..~. _l-e.:r......h..us ..b.~ ····--· usual phce of al~ a~R'.f._. __M~~Ci,d, .. his family ul::,v0 h a.-...: of 16 y ::;.-i, , i::.J to her. - e.1 D.::putv Sh •• r,L .. �TRIAL JUSTICE COURT Criminal Docket N<.>19129 A f I Com'th V. f.tW• Appearance Date / t!d::;;;:.l C> - .5 - ~_,/r, <T----•d"'"" ..$JnA' ;".R.f•4' Trial Date Indicted by Grand Jury of October Term 1955. and case disposed ��YI\ ·~11neH::>NA1 ·o:> ,,3& 'cl ... 6581 03HS11BYl.S3 ��........... -.. "' . ... .... ....-.... , Comp. Form . . ... - -..... ., ...- .,,.... ..,........... . _..,.._,,_,. 18-A No. ______ To-Wit: TO ANY SHERIFF Whereas, OR _ ICER: ~ -----,<-1------'--l#---l _.., -'dl-+l'f----..+~-- on oath before me, These are. therefor \D-~,__,._m,..a""n~n Trial Justice Court of t the name of the Commonwealth, to apprehend and bring before the Co nty, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon as witnesses. Given under my hand and seal, this color ____ Address ---------------□ color Address ---------------□ color Address -----------------□ color ____ Address ---------------□ color Address ----------·----□ �STATE OF VIRGINIA-COUNTY 1, ___________________ 0----------------------, a Trial J uatice to-wit: in and for the County aforesaid, State of Virginia, do certify Justice of the Peace that -----------------------------------------------------as his sure ___ and-------------------------. to the Commonwealth of Viriinia _ have this day each acknowledied themselves indebted Dollars in the sum of ----------------------------------- ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth , ________ be rendered, yet upon this condition: That the said._________________ _, County, on the ________ of--------------------- shall appear before the to . Circui.t Court Trial Justice , 12....__, day o._ _____________ at -----M., at~-------,,--,----,,-,-----• Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the fu"rther condition that the said-------------------from the date hereof. shall kel'p the peace and be of good behavior for a period o,,_________ Given under my hand, this,________ day of _______________ _ 19__ days _ --------------T. ~ n 0 .. ,. ~ 'Tl s· ('I "' E p.. H 0 I--+, I k~ ~ I p.. ...,. 0 ct o' (D ('.:::: 'i 0 c+ 'i c:; ?.: ~ ;.., p, t-' ('._, . 0 .., 0 E '.:! :, ('I "'"3 0 3 3 0 E. :,::: n0 rn "' "' ~ ;. ~ 0 ... ::s 3 3 0 ::s s· JQ ~ s ('I rn s ('I rn rn ->,., ;:; ::, 0. ,., :, ('I ._ ~ "1'j n;;- a:: ... > ... ... ;;,., :,;IJq ('I ('I ..,. ('I tll ~ ~ j;;i' ::, s= z rs: 0 ::s 0 ... 0 z :E trj :r ('I > t"" ;. s· ,,::r... >-3 ::x: !' ::n p. ::s :r ('I C 0. ,., 0. '< 'O 0... ('I < :;· s· F. F' < :;· ~::s ,., ::, ~ '< ..... tll s ,., ,,, ,., .., r::r ,.. IJq 'O 'O ~ 0 .., 8. 0 ('I ;. 0. "' rn "' ('I .., ... "' '< (") 0 (/l >-3 (/l En a:: '-4~· C ~ 0 :, ;;· ~ ~ ' .. ::--- 0 0 0 " ~ 0 §_ :, IJq ~- s.,, n0 ~ Q. .., ::r ('I .... ~\ ~ ::;: ('I ;. - ~ Ill ... 0. >-3 0 ('I - trj (") ::s .., ,., :, ('I ,., :E ,., .., X 3 p.. I (") >< .... ...,. ~ .. s· .. 5· (D (/l C t:, 0 ('I Cil Ill (J) :r r, p.. n0 ::s p ~ -iv 0 !. 'v'l.~ ~ < !" C: P,.'O 'i '-C i;:: \Jl. ~ ('I 0 I ~ ~ c+ 0 G) c+ p, '~t ~ I en c:> '~t ~ r, r, C 0 C ~ .. 'C t3 ]., }. P. ('I "' "' ... ::: ... "' 0 ... ,., -C .... ..::, j n 0 ('I ('I 0 IJq C ::, g Q. ::s ;;;· ,.. �Docket No. ,$ oa~ COMMONWEALTH of VIRGINIA ) vs. ) ) Felony (murder) INDI C1'MENT .FREDGILBERTSRIFPLETT - Charles ---------------P• Own 1955 Oct. 17. A. Hammer (x ) Appointed Return d. ( ) of Grand jury. Arraigned; plea n.g. set for Nov. 18. ~ --1-;::(o and ~ / --f_,J..... CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co,, Phila,, Pa. �Docket No. I ;-JI~ y ?'1-,V 1 ~~ ~ ~o.f:l . .~ 10C1 COMMONWEALTH of VIRGINIA ) ) ) vs. C.//t~M,lh'~ 1 ~~ %· ~ ~ df~, IO. I I. I y. 1.JtiS a.~ 1. ~~~ <);r~#~ 9, 4w FRED GILBERTSHIEEL~TT ~ 7( J"~ I >r· ;J7J~ML ~ t?. ~-'?. //J, 1'4,4t, ~du- Felony murder J INDICTM.i'.:NT Charles :ii:: A. Hanu~er--H.M.we ver (x ) Own Appointed ( p. d. ) " ~ 0:, "l'1:, .. "0 '0 1955 Oct. 17. .. e: f "d !' __!-;vi Arraigned, plea n.g. and set for Nov. 18. __!-,;; C') ? "d Heturn of Gr2nd Jury. 1..-.1r r7~· >'-<:,'. rt'Y "1 _ ~i~~,vj7.;o ~-If-~~/ /flu. P's,~~.>'-. ~ i~-,ffo~-~ ~-'P~-tl.~~?t;J~ ~- ~ . .50, -/.::+,,~.~d• ~t:. ~ ~- -~~ ~~ .,_~ ~jl-· CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Fred Gilbert Shifflett Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1955 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_005 Shifflett https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_003_commonwealth-v-floyd-paul-grogg.pdf 8b1a99c602857d1213f0114b586f3fef PDF Text Text STATE OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand jurors of the State of Virginia, in and for the body of the County of Rockingham and now attending Court of said do present in said one-John County, that County, at its April the Circuit Term, 1948, upon their oaths FLOYDPAUL GROGG, on the 3rd day of April, feloniously, Hugh Branham, and unlawfully against the peace did kill and dignity 1948, and slay of the Commonwealth of Virginia. This indictment Trooper M. s. Witt, Branham, witnesses jury to give is found upon the testimony F. L. Byers, sworn in court evidence. Coroner, and sent of State and Mrs. Dorothy before the grand �) INDICTMENT COMMONWEALTH v. . _ Fti c:µ-ema.n ,:; ~§C FLOYDPAUL GROGG Felony April Term, 1948 A True Bill: • ~~~ Witnesses: 1. M. S. Witt 2. Dr. F. L. Byers Branham 3. Mrs. Dorothy George D. Conrad Commonwealth's Attorney �Commonwealth of Virginia, Rockingham County, To,wit: and acknowledged themselves to be indebted to the Commonwealth of Virginia each in the sum of........- .... ~ .............................. ~.....~ .........................................................D.sUa,rs, ($./.Pl?..H~' to be levied of their respective goods and chattels, lands and tenements, for the use of the Commonwealth of Virginia rendered, and they each severally waived their homestead exemption to their recognizance; yet upon this condition: ~ That if the sa~ a ~..LJ - ~....... .r..~hall - .... pe,sonally appea, befq,e the ~...~...day ,, ~T·. l.J . , C of Rockingham County, at the Courthouse of said County, on the ........ na ust1ce s ourt ~ '9- ~ ~ of ~ ...C.f,.. ..11,,, ..C... Te•ra tbereol, hoiog ""'··--··················•-I/"'>'.,ot::....................... - ............ :_ .., 19........, and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with the said charge, and then and there answer the Commonwealth of Virginia concerning a certain.... l...-4~-~ ....................................................................whereof the said ....~...... ,~~~~-:;- .................... nds charged, and be bound under said recognizance until the charge is finally disposed of or until it is declared void by order of a competent court, then the above recognizance shall be null and void ; otherwise to remain in full force and effect. '7£ ~ ..................day affix my signature this ............... ~ ~-1:.-JH~ •• ••'7-B~~w- of .............-~•·····............ ��-. COMMONWEALTH vs. Felon1 (mans.) FLOYDPAULGROGG '5'/1,I/¥~ t/1/¥r /J,,A, .-&~~ ,r -- fJ...u,.,.: 17 �.,, �6 Arrest Warrant The Commonwealth of Virginia,} T 't • h am County, o-wt R oc k mg To the Sheriff of Said County: M. S. Witt, Whereas, State Felice Officer --------------ofsaidCounty,hasthisday made complaint and information on oath before me, _c,.J~.____.C~-S-w.,..A. .... r....,t ....z.._..,...,.....c .... 1~e..... r.... k..._T~--J: ........ _____,C,.._...o""t1 .... r...... t....._ ___ ,. ' ' T. J. or J.P. "l'"f 1 1 of the said County, :µac,,, Floyd Paul Grogg These are therefore, in the name of the Commonwealth _ of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the--·-~-------,--------------- . :; Fl a,O Paul Grogg t __________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this_· .... 5...,t~h ____ Memo. of Commonwealth Name _ day of Witnesses: Address �JUDGEMENT Trial Justice Court Mat 3-, 1948 Criminal Docket No. A-817 Upon the hearing of the within charge, there was fQund probable cause and t.he defendant was held for the action of the Grand Jury. Given un~er My hand this 3rd of May 1948 day Commonwealth vs. { Arrest Warrant Floyd Paul Grogg Executed the within warrant by arresting and delivering the body of Floyd Paul Grogg :--1 before ... 0 ':-' Trial Justice Fee /4..o....O..... $. /,.#'J . ...i1oa Arrest and Mileage $-...- Summoning Witness $ ···!/·r..p..iJ.. -/ $ ... Issuing Justice's Fee Clerk's Fee Witness Attendance :-0 $...................... . Fine - - - - - ... 0 this ____ ...:______ day of 0:, ; .......... . !f~.i?:..4>... and Mileage $.... Commonwealth's Attorney $............ Jail Fees $........ , .5'b.. _________ $ ....................... . Tora! - - - .s'o !1~.Jp 6:J;;a~ Trial Justice Officer's Mileage 0 ..... Miles travelled by officer Miles carried prisoner Total mileage ·············••.•·· �Report of Witnesses for the Commonwealth 19.i Month of~ - Whose mileage and attendance a~ I: were not collected by the Trial Justice before the end of said month. , .i~ xt-h Fel. Pro. or Misd. WITNESSES ~4r/~ Com.w. ~ I'd, l.~ .. 2 ~/.~--'--3.~ V 4-~ 5, ~ , - ------, 1-,(£ .,.t4 r, )J)..,__4~ lJ R~ 6. V Attendance oKs - --'..a•-·- ~ - ~ ~·a Justice • ~--~1 Miles Mile~e Total Date ~ ·~ J?./ r I ,S-D I' , 1/o ,ro I ,S-o lo ,J""t) /, Oo I , So d' , t/o ' I"lo I I , .S-o , S-o -- _!_!£_ .zo Le2-l~ + , ::?rf- l -- J}J - ¥,~~ Com. vs. 1. 2. 3. 4. 5. 6. All witnesses summoned for the Commonwealth shall be entitled to receive for each day's attendance fifty cents, all necessary ferriage and tolls, and five cents per mile over five miles going and returning to place of trial or before grand jury. (Sec. 3512) ...! ��PrisonersReportof Rockingham CountyJail Name_ -1-¥/!_a,ulf1.M7;~'. _____ __ Date Attested /_-:_J_:-: Date Bailed Out_ f/_~k-~- _____t_ ~- _____lain __/J__~ __ k ~✓- ~-~ -~- ___ _ Placed in Jail ___ 0 Male_~ __Female ________AgeJ_f) ___Race_'-1,/_ ___Single ________Married _________Divorced ________ Separated ________Widow ________Widower_ _______Illiterate _______Gr. SchooL£i. ___High Sch. ________ Vocational _______College ________Drug Addict· ________lnebriate ________Occupation~ Employed~_Reason for Being in Jail_,//,/t,id,,J,c.~----- -----· ______ Reason for Release from Jail __________________________________ . ___________________________________ Amount of Fine ______------Cost ____________Sentence Time/~~- ' e~;c ------ y State ___________________County ___________________City ___________________Town ___________________ FederaL _________________Army ____________--·----Navy __________________Others_ __________________ Offen~~.,I,{~~----- _____:Fe!. ____~-----. Miscellaneous ____________________________ABC _______________________ Ins. ________________________ Date Committed ___________________Date of TriaLk -~/-~-!/Y:Date of Release ________________ Court Committed From _________________________________________Type of Court_ ___________________ Transferred From ________________________________Transferred To __________________________________ Reason for Transfer ________________________________-··-- __________________________________________ Physical Condition ________________________________________Contagious Disease, If Any _______________ Fine After Prisoner at Jail; Amount to State $ ____________Amount tC::City$ ____________ Date Reported _______________________________________Deputy and Jailor __________________________________________________Sheriff �,. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham Countv, Greeting: Yo~ are hereby commanded to summon ....·-········~·····-~ .. ·············································································•····•······~······"""'·············································· ..···············•········· ···············-·······-············ •••••••••• .. ••••• ............. •u•-•••-nuAo-•-• .. ••••••••••o••••••••••••••••••• O ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• .. ••••••••••••••••••...,•••••••••••••••-••••••••••••••••••••• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, 7-.... day of.................... at 9:30 o'clock, a.~-, on the...... .. .. .................................... .' :................. _19.½'<£ to.testify and the ttu,th to say in behalf of the Commonwealth against.........~······~ .................................................................................................................................... n••••••••••H•••• .•••••••• .. •no•u••• • ---•nn•• .. •• .. • .. ••n••' •--••• • •••H• ,._ ...... '\r ........................ ·····················-····.fL ••••••••••••••••••••••••••••••------• .. •••--.. •••••.. ·•••••¥u,;;- ......• •-- ~.-···-~~- ....... ~•••O•O•nn••••••i<1'111f who stands charged with and indicted for a felony mi5Gemeanor. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, day nf __ J.ROBERT 8~'1TZER., Clerk ~_,_ ~ -··• 1#.X:., THE SERVICE PRESS of Q\i£ saia-Co11rt, at the Court House, the ....7.2 and in t ,,,._--if-=-- ealth. ..~ �~ ~ ~ ~ t ! ~f EXEQUTED~,JrarIN THECOUNTY OF ROCKINGHAM BY DELIVE~ING A TRUE COPYOF THEWITHINAf1c11r.-11¼·,~., TO ' IN PERSON. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .......Dr •..... F .......L .•....Byer.,.(..Mr.S..a .....Ge.r..tie .... S.troop, w.•..... R.!! .....Ew.1P.g ....~.4 ....o.~~.~ ... w~.13-.Q.9tt ............. ···········································••4"•·····•··· -······••'f"••···•.W,,··········~·-·····································--·-·~,.•••••••l" •• -•••..-••••••••••••••••••- -••••-••••••••• n"r •••••• ••••••••••••••••••••• .. ·····-·•·y• .. ··-··-····• --- ... ••••••••••,........H-•....,..••••••noou•••••••••••••••H••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••-•••••..t.,,l':•••••••••t.•••••rl(••-••••~•••- .. ••••••••••••••••••••••~uo•••••-••,,.•••••••••••••••••••••••••••••••••n•••••• •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ..... ••••••••••••uve••- ··················-········· ...··········-········~-·-C,..·····························-················· ························································"T··-························· ......·------···~--p to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the..'7.th ...day of....:............. !.......... ~ ........'. ................................................. 19....48., to testify and the truth to say in behalf of the Commonwealth against...F1oy.d ...Paul ...Gr.ogg who stands charged with and indicted for a felony rai.sd41m~" And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J:"'fteBBtr S"Wtr:teR; ~k-aftmr day of.. .......... J.unct ................. -.., 19...48., and in the THE SERVICE PRESS ~r,-at the Court House, the ....ls.t .......... 2nd =~=--;;. •• A.. --- �'"ti H ~ 0 Cl 0 tu 0 ~ I i! 1 •I C t:'l .. C $):) ~1 :~ ! <t Ht m~_ ~~ ij1 1--3 ~~.~ ~ O !:0-.~ O· C/l • 'i'i :Ea: t:, to 0'-4 a, .g N1$.11.1tcC11re,.. .. 0 0 0 hnr. family ~ Cl tXj ::x: 1-3 > ti U »Ja UR"Ql > 2: [::Ej '"ti 0 ttl {fl {fl ~ {fl 1-3 H ahod~ ...04,.c.Q-:f.~ ...... .,belng a member above the age of 16 years. and explaining the purport theret --9,,___H- .A~lb.....at.A.--(,R•~. J,V>1A. (i!.. "JP/,u,~ J-1!-y,p-'", .lsual plMeof 1 ,s §1 0 0 -~ . < .by dallverfn8 ::ti .. ~ . (T 11' ()) .fl Q ·> '"ti .t:, Q tr ,>:g .~~•..•~ ......... ,. In porson, at sald ....~...~- true aopy of thle ...J.,u to~ • 0 r • !! ID vi 0~ ~ ...J a, § ..co c1' 'i 0 Co◄ 1-3 .. co {fl 0 ~ CD () ::s.... to ......(T to (l):J:'i'i 1>l11.oa of abode, Executed to to ::s a, a, ~ [::Ej(I) (T (T ::g a S.R.C. /UJtt (i),;Ji>L,o!w ,Dep. Sam H. Callender, ...... (T tp p, ::ti • 'i• () 0 to• .. .. ~vlt\'.)i-J tor Not ffru:U"~ ~ '4~ •· Z.O ~;O Executed the within summons at the office of Dr. F. L. Byers, s. Main St., Harrisonburg, Tn RockingbE(m County, Virginia, the usual place of business of D~. F. L. Byers, by delivering a true copy ~hereof and giving, information of its import to El4.zabe th T. Green, :the person found in charge of su.ch place of business, this 2d day of June, 1948. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........Tro.op.•r....14.•....S........ W.it.t .•.... Sgt .•.... S.•.... A...... Wal ton, .He.rman ...Luthor ...Bri.dge.s..Jl ..... Jr.•..... Q-Pd ...fk')J.....J.ohn...Branh.am.......................... . .............................................................................................. ••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••• .. ••• .. •••••••••••••••••••••••••••• -----·························--···--···-··-···-··············· ............. .. •••••••••••••••••••••••••••••••••••••••t•••••••••••••••••••••••••••••••••••••••••••••o••••••••••• ..••••••••~••••••••••••""-""• .. ••••••••••oHOOOOHOo••••••••••••••••••••••••••••••••••oU•••·••"---•..,.. .. ~~••~•• .. 0- ... •••••••·•••••••••••••••• .r;. ••••••••• .,11. ........................... .. ••••••••••••y• .... •••h-e••••..,.••••••••·• .. ...... ••••••••••••••••• .... ••••••••••..-•-•• to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ...'1.th....day ot ................ J: ·················•··················-·································.194'a ...., to testify and the truth to say in behalf of the Commonwealth against.......Fl..oyd ...Paul .... Gr.ogg •••••••••-•••u•••• .. ••••••••••••••••••••••••••••••••••••••••••••••••••••••-• ♦-•••• .. •• .. •••••••••••••••••••--•-•••• .. •••••••••••• .. •••••••••••• .. ••••••••••••••-•••••••.,,:',..•••••••••••'O•H•-•••• .. •••••••••••••••• who stands charged with and indicted for a felony IM!!OiRUM~Wt. And this you shall not omit under penalty of £100. And have then and there this Writ. Witnessd..&G~~"}: ~"WI'.:~ ~l. 8f-<M,W, day of ........J.lm. ......................... , 194.8 ....., and in the THB SER Vt Cl! PRESS ~~ at the 2nd Court House, the ...1s.t ......... . �., ~ .'> 8- s- l• >-: COMMONWEALTH s 8 (1) ~ s ("t ~ ~ ~ [:;· Jr Cl) s.::: l Witnesses: ~ ~ ...__ 1. 2. 3. 4. ~ f 9:30 a.m. Trooper Witt Sgt. Walton Herman t. Bridges, Mrs. John Branham -Jr. .__ ,-; ~~-- FLOYDPAUL GROGG f ::s I Subpoena To June 7, 1948·at ..... f Witness ,, < er ... ~ ) 'A..> El El © r V. -. 0 �•••····•••••••·•·····••··•••·••·•••••••••··•••••••·········•·•••••••·••·•••••••·· ..••••••··•·•····••·•·•···•·····•••·········•···•·,·••····••••··•···•········••·•-u••••·•··· . ............................................................................................................................................................................... ......................................................................................................................................................... , ......... ... to appear before the Judge of the Circuit C011rtof Roclungham County, at the Court House there<>/, /?./.t........ day of. ................~~·······················:··············· at 9:30 o'clock, a. m., on the ... 19 .#.r,. ~~.. ~~~~~~~.. ~~~.. ~~~.:.~~t~~;:L.~~.~.~::~:az;_:.e ~~~ .. ~.~~~.~~~~::: r:~,-r .. .. ············· ....... .,.......................... ·············· .................................................................................................. ·········· ........... . who stands charged with a felony misdemeanor. And this you shaq not omit under penalty of £100. And have then and there this Writ. Witness, ]. ROB.fR.T SWITZER, Clerk of our said c;urt, at the Court House, the ..../.6.-.P.k .... '?/.j-o/-; ........ 1#.Y., and in the .../:?.'f.~e~r day of. ....... ................ TH& JEI.VICJt PUSS, HAP.aJSON8U&G 1 'IA. o t~ Commonwealth; : ~..,.u,,,,~~ Clerk �~ -~ ti)- IN P.e:B.SON. TO ~'~i' C) THE COUNT'i .-9F • .,, ~z-::: lbi#: -~ ' t~ ~"~ ROCKINGHAM BY DELIVERING A TRUE COPYOF THEWI.THJN ,£11 sn n'tt :Mt:1+- EXECUTEilW~ ~ ~ ~ ~ ~ fu U/ltt, IPJP/4,rA,, ,Dep for sam H. Callender, ~.R.C Executed May 13, 1948 the within summons at Dr. F. L. Byers' office, south Main st., Harrisonbur va., in ~ookinghtl.Dl county, Virginia, the usual place or business of Dr. F. L. Byers, by delivering a true copy thereof and giving information or its iDUiillrt to Mrs. Elizabeth ~reen, the person round i~arge of such place of business. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ....Don ..Ruddl.e..,.... W.a1te.r....N.o.rv.e.l.le.,-.f:-:-: ............. . .Sher.ift ....Cal.lenderf. ...Deputy ...3.he.ri.ff ....P~.~.d.... an.d...D~.p.ut_y_ ...Sh~.r..if..t. ....... . ,.,. S-tr.awdern«1n..J,., . _. ················•·····--········•·• .. .. ... . .. ........ .............................................. .. . . . ·••••••..,..••••••~•••••••WJL• .. ••• .. ·•~•••O.f~~••••••••••• .. •••h·•••••••••• .. ·--••t:a ♦ •••••o••• .. ••• .. ••o•o••••••••·•••••••••••••••••••••·•HOoOooo••••••••••• .. ••~•n0••••••••••••••••--••••••••••••000 .. -·•···• -""'}-·····-------~--------...... ----------·-·······························--······ ·······-···· ................................................................................... ..........._______ _ ~ to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ...7..th...day 0f. ..,.................... .....~........................................................ 19.48 ...., to testify and the truth to say in behalf of the Commonwealth against... __ ...,,...,.·-·····~---·••1 ...••·r··~·-·--t---·-······---····················••·-••···································· •••••••••• ,.,.f······•~·······•~p••··..,... ..·-·· ..F.LOYD....PAIIL ...GROGG ..................................... _ ........................... . ········~----·· ..•••••••••••• ..•••••••• ..·--·················································-,••a.••····················-···················· ............ . who stands charged with and indicted for a felony 'fflfflfteffle'll'f\m':' And this you shall not omit under penalty of £100. And have then and there this Writ. Witness,➔.~"F-S-W+'F:eER-;€~M"ffl1P"Ml.ieC:-cmrt, at the Court House, the ....::L.t ......... day of.. ....·--·J.· TH.B SERVICE PRESS ······•-·····--··•··• 19.48 ...., and in the 172nd ........... e r o ...-- ...... - ~on wealth. -- �\ ~ COMMONWEALTH V. ) Witness Subpoena~ ~ FLOYD PAUL GROGG To June 1, 9:30 1948 at ·~ a.m. Witnesses: 1. 2. 3. 4. 5. ~ Don Ruddle Walter Norvelle Sheriff Callender Deputy Sheriff Peed~ 11 " Strawder ~ ~ ..... ~ t �COMMONWEALTH fuu.i&. ~ vs.1~ DESCRIPTION OF PRISONER Last known address-------~---------~--------------------------------------------------Color _____~_:-- Height__J_:-:_j_/__ Eyes___~--- Hair__·~---- Weight-Lf::q _____ b, /(-------------------------------------------------. -------------------------------------- Marks ____ ----3-~_____ ____ Occupation ___~~--~ __________________"" ________________ Date of TriaL ___ ~17/ t/J"'---------------..------------------------------------------------------------- Age_ Result __f.::;. / • J/~ ----------------------------------------------------------------·- ��Summons required under Sec. 120, Chap. 342 Acts of 1932 DEPARTMENT OF STATE POLICE ..,. ;J. __ 7.J__________ .E;ounty _t!r-,......-:.__,,......,--+'-.....:.....:...:.:c....::....::......:==-------------'-'Date - ;1 V [ 2"',. t , "..,.___",;!,t~=----=----------~---you are here ~y summonsed to appear bef ore: N'? 102932 -lv, 9E._ __:::_t_' .. ._________ Trial Justice I L,LJ &, .,.- 1 ~rV>!ame of D,efendant) ► r -, of ,-q ,ij_ / 1-lb an7-CL .. 7r ......,.. • # (Place of Trial) to answer for Violating the Motor Vehicle Lays of Virgin\a, to wit: Improper D Reckless Driving D r:;, (Date) D t C, •• .'Lr_/ Excee ing Speed,?Li it t""<\' cf , ;,,.,c;~t" •✓·- _-, at ~'clock--L-M No Operator Chauffeur License D □ Address Lie. No. ..-..i,c.;.=;::..z..L--"'=--1--=-Jl....:R.....:.....;•:.._.....IL.=,.i,...:. Sec. 120 Chap. 342, Acts 1932. Failureto comply summons constitutes a separate offense. ~ l'i this I • State Pol11ic,.-e __ ._.r--'r.c...Lf...:•'--"~"""'"---'-'-"'1,.l....,.._,{.,.A,xi~...._ ______ _ Shield No c:z_ ~ -if' (Address) ��\Vitness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit : To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Comnwnwealth {P Don nuddle " of Virginia to summon..._.~-~-~- " Walter Norvelle• 8"t• Hbg police~ ~ .., Coroner F. L. By~s, ,-;,.,..J--. (;:/-:.,, J~ -i- » ~ to appear before the Trial Ju ice Court of said County, sitting at H-===ar==r:....:i=-:s::.....=.o.;::.:n:..;;b:;..;u=rg=~-'-. -'V''--''i=r:.._g""'1:i.:n=1=-a=t-:.......... ---.,.... ,in said County, nn, 3~ ' day of:_..,;Iil@,~;Lf ____ _,, 1948 'at the hour of ~s-..=-:-=0-=0--==~M"""=----'--_,___ of that day to give evidence in behalf of._.,,.C~o=-'-!IZ;h----------+---------__.,,'.;.___,4--____..r..___,__:_,r~--- in the pending v. _Floyd case of _.....i.{lt)f,ll·~ro~• .... t...,h~---------------------------'----+---- Paul Grogg, �Ill Ill C i: 1 0 't'J. .0 Trial Justice Court •A 817 Docket No. A 818 ____ I Co 'th ( V. ( Witness Subpoena ( -~YG To Paul ~sgg, May 3 1 1948 at 2PM. .... 0 GI -t 0. �\Vitness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit : To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commoi:iwealth of Virgi ia to summ~..---,.,.~------- Jlj.lving Oobb ~ Singers liobart .-,.'. • ;Jjw i11g, t..- Oscar Wescoth- _____ .. Glem:1..,Va• n "------------..J~"'---------------at Harrisonburg, 19J:8.., at the hour of to appear before the Trial Justice Court of said County, sitting in said County, on _ __..3 ..r.,,,Ji-_day of.__ ....,.=-.!'----~~ of that day to give evidence in behalf of.___O_o_m_'_t_h ___________ in the pending v. case of -,,,,,;',·~~o ...m...,_•_..t ... :h..._ __________________________ Floyd Paul Grogg Given under my hand this .,. 28th :Virginia .,,,2;00 J?,llll.. _ _:,.___ ____ �.... 0 ( rt· I:>) C" 0 0. (D ::, o. ::, QQ Trial Ju-stice Court t. --~-Docket No. A BJ 7 ~ i ~ "I ( V. ( Witness Subpoena ( . Paul Grogg To May 3, 1948 at 2PM. Floyd \ ~ ~ ~ ~ �,vitness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the. Sheriff of said County, Greeting: ~ You are hereby commanded, in the name of1 the Commonwealth to appear before the Trial Justice Court of said Col.mty, sitting at of-Virginia to summo1,_______ Jranla ....... of that day to give evidence in behalf of=_~!Qitl!IIL-------4-----------..:__.:__ in the pending _ , 'ff.qi.ala _____ _ case of -..caf"Plmi'll~HI-Hllc---------------------------------- v. Given under my hand thi.~ ____ gi~----- day of..._-..-Apw.a.cri...... ~,...-+f}--+--I �Trial Justke ____ Court Docket No ..._ A;.,-- ( V. ( Witness ( Subpoena ~t.,-1 Patil .... -!o 11a, a, 11 at DL �~ SHC:1c H, Callender ��Trial Justice Criminal Court Docket No. A:~ / 7 Co.m.'th I V• /-1,H. Fe/ $1)~ , r -b- rs-1- AW Tri3.l Date fl,trl, 'tt Date Arraigned b-3-'f If ::l.<:f'nf �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Floyd Paul Grogg Subject The topic of the resource Felony Manslaughter Description An account of the resource Defendant charged with felony manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1948 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_015_003 Grogg https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_004_commonwealth-v-f-t-hinkle-jr.pdf af325e75b6eabbb9eaf9d8d5377e2c2c PDF Text Text JDR 3303C DPW 3975 Ref. 10-29-53 Pre-Trial Report Rockingham Coi.mty Department of Public Welfare November 5, 1953 Name - Susan A. (Hinkle) Address - Grottoes, Taylor Virginia Child - Barbara Ann Hinkle, born 12-17-44 See petition Present Problem: age 8, Name - F. T. Hinkle" Jr. (DIVORCED,l9q 6 ) Address - Grottoes, Va. Trial -11-6-53 Attorneys - Mr. Hammer Mr. Charles Earman, Jr. charging that Mr. Hinkle has not supported this child since 1946. Mr. Kenneth Taylor, stepfather of Barbara Ann, in whose behalf this petition was filed, appears to have encouraged his wife to take action in the matter becausej .:' ~.., the child has been in his own homes in·c e the summer of 1953~re has been no money received for her support,and what clothing the child has worn has been furnished by him. When the paternal family furnished her clothing, they would not let her br±ng it home with her, unless it was well worn. It has been difficult taking care of his present family obligations because of frequent lay-offs from work, and his wife has recently gone to work to pay current legal fees involved in this case. Mr. Taylor feels that 50.00 per month for support of this child would be adequate to allow her mother to stay home and take care of her as well as the Taylor home. Mrs. Taylor has the appearance of a teen-aged girl. She claims that Mr. Hinkle's parents and he have constantly interfered with Barbara Ann and keep her constantly upset. She wishes the court to instruct the Hinkles to leave the child strictly alcne. She also requests sufficient money to cover the child's monthly medical and other needs, approximately $89.00. She does not recognize that the father has any parental rights. I Mr. I-IiKes Statement & R3ati.on: Mr. Hinkle was very cooperative and showed considerable interest in the welfare of his child, and although he is i.mwilling to contribute to the financial support of his daughter in her present situation, he claims that he has furnished 90 per cent of her clothing in the past, and he took partial care of her while she was staying in her paternal grandparents• home. This continued until the summer of 1953. He is distrustful of the way Mrs. Taylor would use whatever cash be would give for benefit of the child, but inferred that he would be willing to accept reasonable arrangements that whatever funds were paid would be used for benefit of the child. �,J ' .£''.!J;C., 11- h (lr{o er: _f u .:t - J. G:I 1-, vfl.;J .. c.i: i,t [ '" 8S 'I + 'IC .,JJJk ~ clr.'I r r'."' ;j ;~ ;. 1 ITT--,,-! •£ 'J ,t [-\ ,I ~ "' 'l ( rt r �- 2 - Previous Problems: The Hinkle family obtained a divorce in 1946. Family History: The Hinkles were married on 5-6-44 and had one child, Barbara Ann, born 12-17-44. We do not lmow whether this was a forced marriage or not, but it was unsuccessful. Mrs. Hinkle,being an extremely nervous person, made home life difficult for her husband who is said to have run off with another womanto whomhe is now married and with whomhe says he has a satisfactory home life Mrs. Hinkle divorced her husband in 1946, obtaining custody of Barbara Ann. Since the divorce, Mrs. Taylor married in 1947, or in 1948, and there are rumors that this marriage is also going to fail although Mr. Taylor insists that they have an 11average" marriage. Oddly enough, the child was placed with her paternal grandparents for at least one year during which time the nervousness which had been earlier observed appeared to disappear to a large extent. In the summer of 1953, she returned to her mother's home, and her nervousness has been noticed to increase since then. Both sides of this child's family insist that the other is trying to poison her mind against them, and we suspect that she was removed from the grandparents' home in a spirit of spite. Neighborhood references make conflicting statements about the Taylor home, some liking them, some being violently hostile to them. Recommendations conc~rning the father's home and grandparents seem to be uniformly satisfactory. References feel that the Taylors are not giving this child proper supervision, that she is being forced to give in frequently to her half-sister, Marsha Taylor,(4) Religion: Barbara Ann attends the Grottoes Methodist Sunday School fairly regularly although the parents are irregular in their attendance. The child appears to be accepted in her Sunday School, but she appears ·to constitute'a•1hinor behavior problem which is not as outstanding as many other problem children in the same Sunday School. Health: Dr. Tanner has diagnosed Barbara Ann's nervousness as mx>rea (St. Vitas Dance). He does not feel that the child will die from this disease, but that she requires a calm household in which to grow up. He says that her P1-B~¥5r'idifficulty is likewise of a neurotic nature and was pleased when she::OOg~ improve while living with her grandparents. References feel that Mrs. Teylor is a dull person who is quite nervous. io Employment: Mr. Taylor is employed at DuPlan earning between $225 and $250 per month. His ... wife is employed at Sancar $25.00 to $30.00 per week. Corporation in Harrisonburg, earning an estimated Mr. Hinkle is employed at Merck and Companyas a painter and is well thought of for this work. He says that he earns approximately $63 per week. H~ would be wil~ing to. pay for the support of Barbara but would be unwilling to give money to his ex-m.fe because he claims that she does not know how to use it properly• He said that he thought $50 per month would be more than he could pay for support of this child because of his own home and household. �( .. '" j-i ;J!ie.L I O'I-; I .' (' C _,d • ,J ·~ ~ ~ J. f.J3 ' 1· �- 3 - Home& Community: The Taylors live in a small stone house on the Weyers Cave road from Grottoes. The rooms are small but well furnished, and housekeeping standards appear to be high. Education: Both parents completed part of high school. Barbara Annis now in the third grade at Grottoes School and appears to get along fairly well, but the new teacher was unable to give me definite information aoout her. Summary: While there is some basis for the petition, we feel that the basic reason is spite. Mr. Hinkle has not supported fully, but probably would contribute if he could be assured that Barbara would receive the benefit of his money. Ideally, the child would benefit most if she could be placed in a foster home. Plan: We believe that Mr. Hinkle ·could pay $40.00 per month. Mrs. Taylor, now working, could contribute the 1:alancebecause she is not giving as much care in the home as she might if she kept house. ~L~L~ Court Social Worker Rockingham County DPW JIB/me CAC/Supt. c.._, - . ~ �...... . I •n~e cf ln �JDR3303C DPW3975 Ref. 3-20-54 Pre-Trial Report Rockingham County Department of Public Welfare May 6, 1954 Name: Susan A.(Hinkle) ddress: Grottoes, Taylor Virginia Orll.dren:Barbara Jinn Hinkle Marsha Taylor Age: 9, born 12-l7-44(Barbara) 4, born 7-1949 (Marsha) Present Problem: Name: F. T. Hinkle, Jr. (divorced 1946, remarried) Address: Grottoes, Virginia Trial: ~ J- 1 3 - s'""'Lf Attorneys: Mr. Hammer Mr. ·wharton ee petition requesting that a previous non-support case be reopened to consider change of custody of Barbara Ann Hinkle because her father believes that sre is receiving improper care in her present home. Wir. Hinkle says that he has been paying the child's mother regularly for support of the child, but he is convinced that Mrs. Taylor is giving improper care because she is leaving Barbara Ann in the care of a teen-aged girl while Mrs. Taylor works; because Barbara Ann has been kept out of school for unnecessary periods of time and without any justification for doing so; because the Taylor home is dirty and crowded; because Mrs. Taylor refuses to let Mr. Hinkle's relatives visit Barbara n and have her visit them; and because Mrs. Taylor is not furnishing proper medical care for Barbara Ann. Mr. Hinkle desires the court to place Barbara Ann in his custody but indicated that he might be willing to consider other placement if the court could not accept his home, as well as that of Mrs. aylor. Mr. Hinkle, his wife, and his parents have indicated great concern because Barbara .Ann I s health has not improved as they think it should, primarily because Mrs. Taylor has not taken the child to see a doctor nor has she followed a:ny particular type of treatment which may have been advised by her physician. They-resent strongly Mrs. Taylor's refusal to let 1~s. Hilkle,sr. ~ see the child and that she hastwritten to Mrs. Hinkle, Sr. requesting her to make no further effort to talk 8r communicate with Barbara _l\nn. rs. Taylor's Statement: rs. Taylor feels she is giving Barbara Ann satisfactory care. Barbara is sent to school regularly with the exception of a two weeks 1 period during which time she was suffering from chorea (St.Vitus' dance). She has been giving Barbara Ann medicine for her nerves, and she has improved. Upon more than one occasion, Barbara .Ann has been disturbed by visits of Mrs. Hinkle, Sr., her paternal grandmother, so that it seemed wise to request that Mrs. Hinkle,Sr. refrain from making these visits anymore. While admitting that her housekeeping is not of the best quality, she believes that Barbara Ann's personal requirements are fully met, that she is dressed properly, in clean clothing, and that she has proper food and other material necessities. She is willing for the child to see her father at any time, and recently allowed her to spend a week end in his home• �. -" • .L6.i.. ['I fl I ' L .. ' J .. .,_ ,.., '- I 'l- •r '1 .- , J. ., + " . ~ , i° 1,. ..,. ... rJj' ·,·~ U ~~ JC, .J L .. 't.:, ' .. ,1( Jj -: iL ' 'IIH1..,::,_;_J')..1:, r.n. ''l.b• '.i u • 'J, J ·1 W::J' .... �- .2 Mrs. Taylor persists in her feeling that Mr. Hinkle ~as given up any r~ghts which he may have had for his daughter by his desertmg her and the child several years ago and because he has not made any direct effort to contribute to Barbara's needs since Mr. Hinkle's remarriage. Mrs. Taylor believes Mr. Hinkle, s mother, Mrs. Frank Hinkle, Sr., is primarily responsible for the present action before the court because of her own needs to "possess" the child. She also feels that Mr. Hinkle is angry because he has to pay a support order and that removing Barbara to his own home would injure Mrw. Taylor and relieve him of some financial strain. Housekeeping: The Taylor home is crowded with furniture and with the family which is really too large for the two small bedrooms. Barbara nn occupies one, and Mr. and Mrs. Taylor with their own child, Marsha, occupy the other one. The house appears to be clean but is not very well arranged; and at the time of my visit, had a large amount of clothing scattered around several of the rooms. This was in addition to the toys,bnoks, etc., belonging to Barbara Ann. During one visit, Mrs. Taylor had a teen-aged girl taking care of the house, and at my last visit,an adult Negro womanwas in charge. ~e believe that Marsha's welfare would be better served by placing her in the same room with Barbara Ann. The family should have more space which we understand is planned for in a new house which they are expecting to build. The F. T. Hinkle home is newer in its construction and equipment, than that of the Taylors'. The furniture is exceptionally well kept, the floors are attractive, and the whole house is very desirable; but there is only one bedroom. Mr. Hinkle has indicated hew ill build another bedroom if the child can be placed with him. 0th r expenses no12._.withstanding, we wonder why the Hinkles have not already made this provision if they felt so strongly that they should have Barbara Ann to live with them. School: Barbara Ann has been absent 25 of a possible 157 days in the school year. Fourteen of these ays were in March, during which time she was reported to have been suffering from an attack of yellow jaundice and chorea(?). 'Ihe school reports that Barbara Ann gets along well with the children, somewhat nervous, and retarded in her classes. Medical: is We do not believe that Barbara Ann has received any consistent medical attention during the past three months. This would include formal consultation with a physician as well as prescribed treatment and drugs administered in either the physician's office or in the home. Some years ago, while living in the home of Mrs. Frank T. Hinkle, Sr., Barbara Ann received regular medical attention, and her progress was satisfactory. More recently, however, the progress has not been as satisfactory as could be anticipated. This could have resulted from the failure of parent and doctor to reach a harmonirus agreement as to method of treating the child. There have been visits made to a doctor's office, but no satisfactory diagnosis or treatment has been possible because the doctor was unable to give a satisfactory examination to the child. Failure of medical treatment to be provided should not be construed to mean that this is the only reason Barbara Ann's health has not attained a satisfactory level. �'1 t .,' J." I" ..:. ': ..,J,.. r ... , ~ r '") ... j 1:) -. - ' r ( (1> ) .. - ,., I r "I , .s" ,.., •\ ,.c.;6 :; t ,.., '\ :; ll ..,. t ' J I • cl ) ' )V': !) L �- 3 - Visitation:During recent years, Mrs. Taylor who had custody of_the ch~ld, all~ed Barbara Ann to stay with Mrs. Hinkle, Sr. during which period of time the child went to school was clothed, fed, housed and furnished with medical attention when neces~ary and sent to school by Mrs. Hinkle. Since this is an only grandchild, Mrs.Hinkle has become 11possessive 11 in her feelings and actions for the child. Still later when Barbara nn returned to her mother's home, Mrs. Hinkle, Sr. took an unusual amount of notice of the child even visiting her at the school upon at least one occasion, but Mrs. Taylor made no serious objection to this activity until after a non-support proceeding was initiated. After the order was entered, Mrs. Taylor wrote to Mrs. Hinkle,sr. requesting her to cease all efforts to talk with Barbara Ann because it disturbed her unnecessarily. Mrs. Taylor has not refused to allow Barbara Ann's father or his present wife to visit the child and has even allowed her to visit Mr. Hinkle. She has indicated she objects to having the child visit them because of her increased nervousness on return to her own home and because she objects to Mrs. Hinkle, Br. taking advantage of Barbara• s visiting her father. We have suggested that Mrs. Taylor might consider Barbara's living with her during the school session and living with her father during the s umrner months and visiting him during certain holidays, but she was reluctant to agree to such an arrangement. Mr. Hinkle,provided he received full custody of the child, would be willing to have Barbara "llisit her mother at reasonable times, including some of the ~bove-mentioned holidays. e believe he, too, would be reluctant to consider a plan such as we have mentioned above. te believe that the issue of visitation is a most serious one which will result in continued nervousness of this child unless some definite arrangement can be made for her to live with either or both parents and visit the other under reasonable conditions. The Families: References and personal observation indicate that the Frank T. Hinkle, Jr. family is well liked in its community,. They have a good credit rating, are known to be neighborly and to get along well Viith each other. Mrs. Hinkle is an active member of the local Episcopal Mission,but Mr. Hinkle does not attend religious services. Both Mr. and Mrs. Hinkle appear to be quite nervous and both have expressed a strong desire tohave Barbara Ann live with them. Mrs. Hinkle is unable to have a baby of her own and has indicated she plans to consult a specialist who may help her. If whatever emotional or physical block to conception could be removed and rs. Hinkle should bear a child, it is possible that Barbara Ann's happiness could be jeopardized. This is speculative, of course, but our experience in such matters warrants the question. There are unconfirmed rumors that the Taylors do not have a harmonious marriage and the Hinkles have suggested that they discriminate against Barbara Ann in ' favor of their own child, Marsha. re cannot confirm or deny this possibility. 1,e have observed both children and their relations to their parents in a limited degree which would Je ad us to feel that Barbara loves her mother and is able to get along reasonably well with her step-father and •half!-sister. �• .J 0 !. I.. ,, �- 4we believe that Mrs. Taylor is emotionally immature but that she does love her child and is willing to give her as much affection and discipliB as she is capable of furnishing. We are not convinced that Mrs. Taylor's purported failures to furnish all of the medical, clothing and other care and considerations demanded by the Hinkles would be sufficient justification to consider that she is an improper parent. we fail to understand why Mrs. Taylor cm.tinues to work away from her home when she indicated at,the previous trial that she wanted to earn money enough to meet legal fees,and that if she could receive sufficient money for care of Barbara Ann, she would be able to stay at home and take care of the housekeeping herse:tC While the Taylor family suffers from some immaturity, they appear to be living in reasonable harmony nor have there been any positive complaints from neighbors or references that this family is providing improper care for either child. Summary a The Taylor family does not provide as satisfactory housekeeping standard as possible. They appear to be emotionally immature, do not furnish the child with as much medical attention as may be desired, nor do they send her to religious services. They have a good relationship among themselves and with their - child_ and Barbara Ann p, ·-~v'-'~"~· 1 • . This family seems to provide enough affecticn au. ,naterial care and supervision, which under more normal circumstances would be construed to be sufficient for the needs of a child al though they could be imoroved. The Taylors seem to feel great hosti1i ty for the Hinkles,and we feel that this is having a disasterous effect upon the emotional future of Barbara Ann. There appears to be no possibility of the Taylors agreeing to a compromise which would work suitably. 'Ihe Hinkles have a modern, up-to-date house that is beautifully kept, but have insufficient room to take care of a child. 'lhey undoubtedly would furnish adequate medical care, send the child to school and to religious services and give her sufficient affection and material care and supervision. 1he activities of the possessive grandmother would probably be an unhealthy condition which would not be controlled. The possibility of a future child being born to this family is almost too speculative to be considered at this point. Under normal conditions,provided suitable room could be provided, this family also could give reasonable care to Barbara Ann. The Hinkles would be more agreeable dicated. we believe to a compromise than the Taylors have in- We do not feel that the better material advantages which the Hinkles can now offer a child would. justify removing Barbara Ann from her present home. We feel that it would be wise for the court to discuss these matters with Barbara Ann in private and come to a suitable decision. on the basis of her own feelings as well as other information gained in court. We have received a distinct impression that both families are influenced by a strong hostility for the other which is occasioned by a resentment for past wrongs, real or imagined. We believe that whether the above-mentioned points are the real issues or not that unless and until these two families can reach an amicable agreement to allow Barbara Ann to live with one or the other or �I I J j ) l..1., (J - ~ '~ t • ! , r. [ _, 'I (),., ! • I .- . ' • C l o... . ,. ~., • r '\,,II•'----- l • ..JI - f. l . -. ..,'\ ; .., "t ~·1 J 'I .JJ ., , ,.. ·1~ ,J ' ' l I ..,.,' .. J t , . ..., --L .- ~ , ( ~ ·r , ..;'---..;,_ " .; 'l l . ,., ·r l 'J. l . ,.,_ ', ; , r ~ J. 1 r.J r ~ " 1. t< ~ '.t J , ) <,. oJ.) t • ·1 . ... > )',. '.i. . 'l ,f• ·~ ~ j ) ,l 'I 'l ,_,,.,lJ '1 . .J.1 .... , )• ...t,...:' ".::'l , .. ,. ... ' ·' ✓ ., J, ~ I. • :.i. ~ ;, • J ';.. I . ~ �both with reasonable freedom to visit and be visited by members of the other family, this little girl's future will be unhappy. Recommendation: We believe that unless both families can ~ee to a harmonious plan fer Barbara Ann to live with both at reasonable times that it would be in her own best interests that the court take custody from both parents and order her to be placed in' a Bearding schcbl, ordering both parents to contribute to her support and authorizing them to have equal rights in visitations and other privileges. ~~~ ~ JLH/me CAC/Supt. c... a_. c:.... 1 ~~:t Social orker Rockingham County DP~ �J J. ... , \. • �VIRGINIA: IN THE CIRCUIT COMMONWEALTH COURT OF ROCKINGHAM COUNTY ) ) ) OF VIRGINIA ) ) v. Misdemeanor ) ) ) F. T. HINKLE, (Appeal) -Docket No. 2963 ) JR. ) ) 0 R D E R This matter counsel for the respective dissolving entered the order came on to be heard parties of the Trial on the 6th day of January, requested Justice this 13th day of May, 1955, and that an order Court of Rockingham 1955, without prejudice ~~--4--tY~ WHARTON,ALDHIZER & WEAVER ATTORNEYS AT LAW HARRISONBURG,VA. IA I ENTER: /J ------.p_J:UL ___________ he entered ., Judge. County~ to either party) ��L JU TICE C THET E: Cu tody t _ _ f B rb r n 1no child of F. . Hin T IlC!_r__________ , r. _ DE I rln pp t t Court t 19 3, pur u on r. , f ther of B r id c uilty of rg a bich e; ( 10. 00) er r d rm of follow· th (1) Th her moth r,. n A. Court that id inf nt chUd, usan n n filed by F. T. t custody be tran - t r ment 01 • u tody of nn (Hin rb r nn Hin e) T ylor. end ve y ther h ll comm nd (3} It tha ) T ylor th o ·t oft id rb r . T. H' um o T n A Hinlde. end with h "'aturd y at nine o'clock five o'clock p. o aid p ti ion, th pinion: 11 u .,;;,US u port and m intcn nee nd it further m y th o s tt r: the condition p tition r th r • s found ek, commencin r, id c ild, for th Upon he r ng vid nc or t 9t , Hin de, Jr. , e, Jr. for th (Hin l ) T ylor, moth r of Court . T. t g inst F. T. Hin!:..l • us oll immedi t ly nd on inuin f id ay of Nov mb r. onth th t rch rr and AM Hin 12 ort r Convict Ro d Fo c , s id B rb r t on th . 11continu ollar ( 0. 00) r t e pay to f r ��..J.Jo..S I GI IA: - ~ l. L J S1 IC , C VL.cnn ~, ._,REL l ..... l."'E IIi'KLE L,I A' L , vs. • J. I I ·a:, , JR . • Upon motion su0port of the ordered that of ~u petition the defendant £inkle file 1aylor ana uoon evidence in t1.is cause. do pay unto wet- 1,_, for Sue the It is Iinkle su:pport e, of 1ovemcer, of this s.id 1953, cour-t. .. CHAS. A. HAMMER ATTORNEY AT LAW HARRISONBURG, VA. oaymen s to be nade and we kly ther after adjudfed Taylor in and the su.11 and. "llaintenance , infant t1.P. :marria 1eard wee'cly from until the child the oorn 12th further of day order ��IN THE JUVEJ'TILF. AlTD DOMFSTIC RELATIONS COURT OF ROCKHTGHAM COTTNTY,VIRGINIA . ...• ...... * COMMONWEALTH * * v. F. T. HINKLE, .TR. P~A~CIP • * * . . . • . . . . . .** TO: MR. J. c. Kindly issne the defendant matter, 81•T,-\PTZ CL:r'RK ' witness to anpear Thursday, s111:J.mons for the following on the date set for November 12, 1953, at 3:01 witness-for the trial 0 1 clock in the above P.M. Dr. G. G. Tanner Grottoes, Virginia Town Sergeant Percy W. 1onderly Grottoes, Virginia Thank you. <:M--r-Ltr, Chrirles CHARLES E. EARMAN. JR. ATTORNEY AT LAW 1ST NATIONAL BANK BLDG. HARRISONBURG, VA. ,. ~rirman, Jr., p.a. ��IN THE TRIAL JUSTICE RE: Custody COURT OF ROCKINGHAM January 6th, 1955. COUNTY, VIRGINIA: of Barbara Ann Hinkle, the minor child of F. T. Hinkle, and Susan Ann (Hinkle) Taylor Jr. ---------------------------------- ORDER It appearing 1953, pursuant Jr., father guilty to the Court to a hearing of Barbara of said charge Convict Road on a non-support Ann Hinkle, (Hinkle) Force, said Barbara March 29th, Hinkle, Jr., ferred mother same from Susan Ann (Hinkle) evidence is of the following F. T. Hinkle, child, Taylor, mother of said child, to him. the Jr.,- may spend every commence a. m., and shall end on Sunday at five o'clock (3) It is ordered Taylor that F. T. Hinkle, ,,,--:;; ~ lJ\, Justice other remain with week end with her as of the date of this on Saturday at nine o'clock p. m. Jr. the sum of Ten Dollars of the said Barbara should Taylor. and that such week ends shall Trial on said petition, Ann Hinkle order; e was filed by F. T. be trans- and arguments of that on that custody so desire, the support to the Court a petition should-he Susan Ann (Hinkle) and maintenance praying of Barbara Susan Ann (Hinkle) (2) That the child father, to Susan Ann opinion: (1) That the custody her mother, proceedings on the State on the condition of one year, appearing was found commencing for the support and it further of said infant Upon hearing Court for the period 1954, in these father by the Court F. T. Hinkle, Jr. sentence ($10. 00) per week, of said child, Ann Hinkle; against the said F. T. Hinkle, which was suspended and continuing Taylor, warrant and was given a six months that he pay the sum of Ten Dollars immediately that on the 12th day of November, {~ shall continue to pay to ($10. 00) per week for Ann Hinkle. t-L-, r, ~ kJ}J--tc:; !Jd~ 1,a) �In the Trial Justice On notion Court of RockinGhan C.:ounty, Vircinia of the defendant an appeal is 6 ranted to the Circuit Court of Rockingham County, Virginia. G~ven under r:iy hand Jami'.l: ------------------- 1~55.,' /~:'rial Justice. [I ., ( L" < • i ' . .1. �JDR 3303C DPW3975 Supplementary Report Rockingham County Department o~ ~ublic Welfare Re: Susan Hinkle Taylor, Non-Support November 12, 1953 Mr. Hinkle states that he and his parents.together have cared for Barbara Ann for at least one-half of the time since the separation of Mr. Hinkle from his wife in 1946. He persists in his desire not to furnish any money for the child's care. We suggest, therefore, that he could pay the money to a third party, such as a lawyer or a mutual acquaintance OR he could arrange to establish credit with certain stores, physicians, etc. We feel that this child's welfare would be best served by removing her from the home of any relative and placing her in a foster home under conditions which would be more beneficial to the child which would guarantee reasonable visits by both parents under the usual conditions imposed by the court. The Welfare Department does not feel that this case is of a nature to justify further service in the matter of support but that the welfare of the child seems to have been ignored unnecessarily. ~~~ tf' JLH/me CAC/Supt. c... 0.. c_ ... ~~~ L. Holladay, Court Social Worker Rockingham County DPW �.., J \.- .._,'-'. - .. -'" ! cn ..·1 ..., ')0 Cj v 0 J 0.J. .d "' '-' _.,; !J•.u. JL! ..... J- ~ ·o Hl- L_; r , - .' ., . . .. '-' ~ 9:.:£0 , ·- \ .. ... 1T !L '0(, 1. .... l J . •. , r tol, .3 I J .. ;--1Jt ~ 1 ... I') v· .. ! ,.. 'l r j �IN THE TRIAL JUSTICE COURT OF OCKINGHA vi COUNTY, VIRGINIA: .. Tanuary 6th, 1955. RE: C stody of Barbara Ann Hinkle, the minor child of F. T. Hinkle, _________ !nd ~u~a_E-An_!liH!!t _ ej Tazl~ __________ 0 Jr. _ DE It app aring to the Court that on the 12th ay of Nov mber, 1953, pursu nt o a hearin Jr. , father of Barbara on a non-support warrant against F. T. Hinkle, Ann Hinkl , the said F. T. Hinkle, guilty of said charge and was given a six months sentence Convict Ro d Force, which was suspended Jr. was found on the State by the Court on the condition t t he pay th sum of Ten Dollars ( 10. 00) per week, commencing .1.y an 1ng for the pe iod f ~::-7--------------------o--=one yea to Sus (Hinkl ) Taylor, mother of said child, for t 1 support an maintenance •u.u.",;;u.1.a.1. said Barbara Ann Hin e; and it further appearing March 2vth, 19 4, in these .., me proceedings Hinkle, ferred Jr., father of said infant child, from Susan Ann (Hin Upon hearing e) Taylor, evidence o to the Court that on a petition was filed by F. T. pr ying that custody be transmother of said child, nd ar r:nents on to him. id petition, the Court is of the following opinion: (1) That the her mother, ustody of Barbara Ann Hinkle should remain with usan Ann {Hinkle) Taylor. (2) That the child may spend every other weel end with her father, F. T. H n e, Jr. , should h so d ire, a order; and th t such week a. m., and shall end on Sund y at five o'clock p. m. (3) ·u is ordered nds sh"ll commence th t F. T. Hinkle, Trial Justice nn Hin de. of this on Saturday at nine o'clock Jr. Susan Ann (Hinkle) Taylor the sum of Ten Dollars the support of the said Barbara of the dat shall continu to pay to ( 10. 00) per week for �D T ::ffH :t 0 1 'l (I ( ) ( �IN THE TRIAL JUSTICE IN RE: COURT OF ROCKINGHAM COUNTY, VIRGINIA: Custody of Barbara Ann Hinkle, minor child of Frank Susan Ann Taylor (formerly Susan Ann Hinkle) T. Hinkle and .=71F..J'3~ To the Honorable Porter R. Graves, Judge of said Court: Your petitioner, That on the was entered awarding in the Trial the custody Frank / J. '/ Justice of Barbara I, T. Hinkle, ~ day of Court respectfully of Rockingham Ann Hinkle, (formerly Susan Ann Hinkle); respectfully this Court to review custody of said infant child, the_ best interests as petitioner County, order is of the opinion be awarded to your petitioner submitted, FRANK T 1; HINKLE By Counsel W·. W. WHARTON 0 406 First National Bank Building Harrisonburg, Virginia ~ WHARTON.ALDHIZER & WEAVER ATTORNEYS ATLAW HARRISONBURG,VA. as to the that it will be to is r-eady to verify. Respectfully Virginia, and that your petitioner the aforesaid of said child that the custody all of which your petitioner , 1953, an order infant child of your petitioner and S\.lsan Ann Taylor requests represents: �< ' -, • �,-r ,·o l:::,e t A e F a,- C" FoT C?.~e. ~~ Sf:a.-C:e. t.h -t:e. ..,/ ALLVVav.s I At--e A /- I a Isa a F c.l.-,-e Sra_ M c,aoJ OF J ~~11y To c.a.re. 'h C J..ild~en -the;r An~ a..kolle.. c~uple. c J...a v-a-c 11-i. ~ .Ken"nC...~h And / l'h S <-'-Sa_ n. A a~oe~s171.Je.n Jo k ea. v1 ~,--i:,-~ l.. 7'x, NJ.. N\ c..d ....,- A-/Vd (H~SbAncl) J~/o--r, I a..C-t-~ oF '"- c.. e. -ra._y/o~ (w,~~) l.~o.~ ~ able 0 ,- .. -i: ~ J /(' NO -/:..-<..~-tc.d ., t,c/ I< J r-J. 7 e_,T4A--te Sa. ... ~ ��,; ( LP\\ • 1/1/6 #~ !?£: ;f-;y y..vt ; (-t¼ b( CL ».. a; ✓r&4 k~ ~)I 1 I :;) -e. ,.. :.__A_/' J;/.£7 ~ t' L-c__,/ , MF ; 7..4...c )/.-0-;.. h ~ ti: )( ~l ~@.s;_. V ��.,. �I' ��' ,, .. �' V �'- \ ( \ r·s_). �I )' ...,, .- ,-y k\.. ' -~tH=~"lfll,BtlSS ~ "~. ~-: I 4) VJ • ! JV YOUTHINK YOU RUN THE eFFIGf SWELL,• () .-. BUT THATS A JOKE TOO FUNNY ! . . ~ O THE ONLY THINGS THAT YOU RUN WflO• • AREYOUR CHEAP-fl~t NSHONEY I • .. .., ...... ��µ.. I JI WORK YOUSHOW A LOTOFl,1JJ..•' YOUACTLIKE YOU'RE ONFI l BUTWHEN vouGETHQMEYouCOLLAPSE Ml t~ ftA1 1 JUSTUKE L :: MADE IN U.S. A. ft f ��fl C- K c. . - V) y JJ}- A I QflteeWife .J I 1 THE-OFFICE GUYS CALL YOUA 8 ANO,JillJ,THAT SUITS YOUFINE---- C 1:7 0 BUTif YOU TOOK YOUR MAKE UPOff THEY'D CALL YOUfRANKENSTEIN MADE IN U.S. A. ---------J -L - V ��Comp Form <'·50-2M flooks-11-50 468PO RECEIPT FOR ~ County of FEES COLLECTED ------zn Virginia lh 19~ , $'.so Received of Cf DOLLARS For 19__ On Date of Service In matter of ~l 1 t::: .J ., I) (/ ORIGINAL-TO vs PAYEE 'r~ }d I �__,... ' ' �Witness Sr.hpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff o.f said County, Greeting: You are hereby commanded, in the name of the Commonwealth ~ Ona Michael Route.'2 Elkton, Vall.___ ____________________ Pa:uli ne C1ark Grottoes, Virginia Percy Wonderly Grottoes, Virginia to appear before the Trial Justice Court of said County, sitting Thursday. l Jth day of May: to give evidence in behalf of in the pending v. of Virginia to summon _________ at Harrisonburg, , 19-54.-, at the hour of Virginia, _ _ m said .3:DO Po'Mo County, on of that day 0 the defendant_ ... F~o.__..T~-~-H'"'-l~D~k_1~e..,,_._.T~r~o------------------ case of ------'C~o=m=---•~t=hc..___ ________________________________ _ F. T. Hinkle, Jro ' Clerk Subs. Clerk 7-52-SM-Garrison �------·-------·----------Trial Justice Court . . . ( V. ( Witness Subpoena ( 1954 at 3 PM. . ���~i ;L"'L / f?.f-:;.J • 7~4:-fff:,'- ~ Cit.~ 1-t~ w~(-11 -~l _;~L , ~ _ ,,,_ __ (J~:~ " ~ �-----------------------------1 - ------------------- ------- --------------- --------•·------------------------------------------- ----- -- - --- --- - ------- -- --------=-====-__:---- -------- - ------- -- ----- -- �Docket No. j'3C>j~ Memo for Clerk of T. Harrisonburg, Va., May 7, 195h of Virginia in the case of J. Court: Kindly summons the following as witnesses for the Commonwealth Com'th V. ______________________________ Justice Cour.t on the Trial Date;rhursday, Name of Witness Address of Witness Ona Michael Route 1 Elkton, Virginia Pauline Grottoes, Virginia Clark Percy Wonderly to appear in Trial May 13, at 3: l) P,Mo19sb: or Witness works for Grottoes, Virginia \ or Where Witness can be Seen ��Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby comm.anded, in the name of the Commonwealth of Virginia to summon _________ _ ~~tj·t~;/~7~ to appear before the Trial ---~/~')_~· _<lay Justi~rt to give evidence in behalf of v. if: 'L &,£ of 9'Je ~ ~ J, of said County, sitt\ng r , Jet., f I 19~, at Harr~sonburg, ".:..__"'J::.t.l~'?~r'+-, Virginia, _ht. _ _,_,.. _______ rn said County, on of that day _T,--'-------',,__Jl ...,..f~-~-~~~--L--~------------ ' IQ , < Given under my hand this ~ Subs. Clerk 7-52-SM-Garrison - �,~~ ~ 0 \..E-}f- ~ ~ -;:-4 [, tl I'~ p, ::, (1) 0 "0 0- ~ Cf) Ul Ul (1) ::, ~ ..... :< ,...._,...._,...._ p t z ;:i. ~ ' p (1) Ul ..... ;;· ~ (") 0 g e. '--1 1-:J ::i. F-[ f ROCKINGHAM COUNTY, \ &XECUTED//--//-if3IN THE COUNTY OP ROCKINGHAM BY DELIVERl'l\lG A tRUE COP �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth Susan A. Hinl(le Taylor, Grottoes, 7th ' day of May _ Virginia. ------------------------ to appear before the Trial Justice Court of said County, sitting Friday of Virginia to summon, _________ at Harrisonburg, , 19--21±._,at the hour of 3: 00 Virginia, in said °M County, on of that day 0 ·, to give ~yidence in behalf of._ _,C~o"-'m=-' t=h'---------- in the pending V. case of __,C"--o""m=• t_,_t-"-'-'h _________________________________ F. T. Hinkle, Jr, Given under my hand this,__ 7-52-5 M-Garrison _ _,,_5-"t"-'h'-___ day ofL__ l=---------= _.,.A:e.iP:::_:r,o.;1:=:· & /c;, - Clerk -:smr-.(;lerak-, �Trial Justice Court ----~ocket No. 3JOJ C Com'th :r:: E-t H ( V. ( Witness I (. Subpoena ( g§ E-l F. T. Hinkle, Jr. To - Friday S= l~ay 7, 19~3 at 3 Pl:.:. µ:, 0 t 0 0 oz E-< H �F /, /-//~~, k/e ~,' -- J(f - ��No ....JJ.03...G............... G.):;hl~~•r~~~·Form No. DNS.2-Non.Support Summons The Commonwealth of Virginia, 'To any one of the PoliceOfficers of the.......~'.":?.~~.~~~!.:~!'.'. ..9.~:1:~~.!.:. ...!.~.~·····················••··•····························: I COMMAND You, In the name of the Commonwealth of Virginia, that you summon ............................................... . ......f..~..J.~ ...H~.~J~.~ ..}.t! ..................................... , who lives at ....Gr.Qt.t.9.~:'?., ...Y.1:r.i;.t.DJ§. .............................. Street, to appear 1.9.~~n;,,. before our Juvenile and Domestic Relations Court, located at ...H~.tt.:l-:~9.1 ...YJtt..t.~~.~........................................... . on the ........?1.~~···········day of...........~?T.~~·························• ?.~., at....J.;.QQ..........o' clock .....J:.~.M.:to answer 19 ... a petition by ....§.~~.~!:'.}~.~.~J~~.~ ..1~.Y.~?!.' ....................................................... , alleging desertion and non•support of his wife, child or children; and this you shall in no wise omit, and have then there this writ, with your return thereon. WITNESS, ..... P.R.r.t.~r...B.! .. _c;tr::·§:y~~ ............................................. , Judge of the Juvenile and Domestic Relations Court ?..4.~. of the said County/City, this ......?.9.t.h.....................day of.......JA~~g.n.................................. , 19 .. ,,.,,.-f / ~ ............... ------------------······· ....- --· ............................................................................ . Judge, Juvenile and Domestic Relations Court. - �Court SUMMONS TO ANSWER CHARGE OF DESERTIONNON.SUPPORT Relations 3303 C Juvenile and Domestic ! COMMONWEALTH vs. F. T. Hinkle, Jr. 19......... ............Gr.at.to.es., ...11.~ginia. ................ Issued ClerJt. Executed by delivering a copy of the c. ..., 13!-</, within summons to the within•named ;z!.L, ..$~.~············· this ..,:?6.......doy of~~ $.J~_..71._ ~-·~-...Z>...._. ··········sueR:F"F·····················P. P~""-A. L.S'fR;\\iDBiMAN Retu~l!ffiijA!MisCOUNT~ ................. . day of............._. ............................... , 19 .......... Cler~. �G. H. Parent - Lego! Forms Ashlond, Virsinio Form No. DNS.2-Non•Support Commonwealth No . ...J.3.03...G............ Summons of Virginia, Rockingham County and the To any one of the Police Officers of the...Ci:ty ...o.f ..Har.risonburg., ...Va6··································••··•············; I COMMANDYou, in the name of the Commonwealth of Virginia, that you summon ............................................... ........... F.-. ... T...Hinkl•,-...J.r.A .................................... , who lives at... ...Q1:'9tt.oei;,_..V.;i..r.g.i.!.1:t.~ .........................Street, to appear before our Juvenile and Domestic Relations Court, located at...l:i~r.r.i.~.9.!lQ\1:fg,Yirg:i,¢.~ ..... ................................... . on the .......l..ith ................ day of..........Ji<>Y.~~1:?.~r ........... , 19..5.J. ..., at .......J;.QQ.........o'clock .....~~ ..M., to answer a petition by....S.µ.~~.n ..A.~ ...H.t.P.:1.4...~ ..'r~Yl<?.r. .................................................. , alleging desertion and non•support of his wife, child or children; and this you shall in no wise omit, and have lhen there this writ, with your return thereon. ~~.., Judge WITNESS,..l~Jgh~.r.9: ..A~....J.~g~~9.P.-. .................... of the Juvenile and Domestic Relations Court of the said County /City, this .........6th ................. day of........Nov.embe.r ....................... , 19 ..53.•. Judge of he Juvenile and Domestic Relations Court. �,-: Relations Court JJOJC --;;~ Juvenile and Domestic NON.SUPPORT CHARGE OF DESERTION- SUMMONS TO ANSWER COMMON.WEALTH vs. ....F •...T•.. Hiritle, ..Jr •............................ Grottoes, Virginia. by delivering a copy of the Cler~. Issued ................................................ 19 ......... Executed within summons to the within•named this ..............day of......................... , 19 ...... C. ......................................................... P.C. c~, i'.'l'?? er Cler~. 19 ......... Return received this ................................... . day of... n"EGU'.NID'j'._0...-,•~--; : ,, Q. ~~:,L.;.:_~~~~==---- 5/{ �-, I ~ '/, /ltu,!.,.L IP.f: I r -¥ I Rr!o f, ~;..,t{- ,l'u, 23 4 aitV\., & ~l~ 33o3 c ~ 'I-- /U-~1"1- a:4 I 2. ~ lP, N., w Cg ~£<-(-- ~-to- ,r2_c-- .~ -7- y. 5 -1 a/A-..,.. 1 ' #~ #-I )/If Jr, Xr-:~t;;:;c_ i ~&,~&-~ - �. ....... .......... ....... -.....,,...................... ""·----...-.......... ........._..,,,. - __ ______ ._._. ____ _.......,.. �No ....jJOJ ..c ............... The Commonwealth of Virginia, I COMMAND You, In the name of the Commonwealth of Virginia, that you summon ............................................... . 1 .......l!:...... 'L ...!Ji .... J_ ~ ...J .•................................... , who lives at... ..9.rn.t:f:..C?.!'?.?..1 ..YJr..b;:\.n::i-.?:.~ .......................... Street, to appear before our Juvenile and Domestic Relations Court, located at ..H9-r.ri~.o.nl:n:r-G-, ..J!.irg.i!Jj_a ............................................ . on the ...... th. .................day of.............. •..[),y.......................... , 19.~L...., at... ..J:..00 .........o' clock ....P......M., to answer a petition by ......~~!.?.~!.1 ...t~.:.....~.ink1.~...'.r.9:;Y.1.9.~ .........,......................................... , alleging desertion and non•support of his wife, child or children; and this you shall in no wise omit, and have then there this writ, with your return thereon. WITNESS,}~R.r.'t.~r...~.! ... !1!'.1:1:Y.~~ ................................................. , Judge of the Juvenile and Domestic Relations Court of the said County /City, this ......?S.:t.t....................day of............:.:~.r.~h............................. , 19.... hb.•. ~ . .......................................................................................................................... Judge, Juvenile and Domestic Relations Court. �, / ROCKINGHAM, COUNTY SHERIFF ~~~ - u:7AwoE - IN PERSON. TO .. z 7 ....~~ .,~ THE C8UNTY!aft ROCKINGHAM BY DELIVERING A TRUE COPY OF' THE, WITHIN...-?SM~ r:w> . ~- J¥ IN Relations . I Court / .d' of~---, 19,£/. ...................................................... P. C. ...................................................... P. C. /L,¢.day ROCKINGHAM COUNTY SHERIFF ~~~r~ Cler~. day of............................................. , 19 .......... Return received this ........... this ..../ ....,/.........a~~······················ ~~ ~ / within summons to the within•named Executed by delivering a copy of the Clerf{. Grottoes, Virginia. Issued ................................................ 19......... .............................................................. Jr. SUMMONS TO ANSWER CHARGE OF DESERTIONNON.SUPPORT Ji'. T. Tiinkle, vs. COMMON.WEALTH Juvenile and Domestic 3303 C �G. H. Porent - Legal Forms Ashldnd Vir91n1d 1 Form No. DNS.2-Non•Support Commonwealth No . ...3.3.03. ..C........... . Summons of Virginia, . . Rockin 6ham County and the City of Harrisonburg, To any one of the Police Officers of the ..................................................................................................................... : I COMMANDYou, in the name of the Commonwealth .....x.~....'r.! ... R~~.J:~J. of Virginia, that you summon ............................................... . ...l~.! ......................................., who lives at. ..O..:r.9.t,t.9.~.~.l ..V-1:r.i;t.~t.<?: ........................... Street, to appear before our Juvenile and Domesiic Relations Court, located aL.J:{c1:rrJs.9.DP.P.r.r,. V.;:i.:rg:i,m<i.~ .......................................... on the ............6th ............. day oL ...No:v.emb.er ............... , 19:.SJ.., aL ..J.:.0O ...........o' clock .....P.....M., to answer a petition by .......?.1:1:~!3:P. ...A! . .J:ttt:*-1-JL'.L'.~y:J.,Q.:f ................................................. , alleging desertion and non•support of his wife, child or children; and this you shall in no \\ise omit, and have then there this writ, with your return thereon. WITNESS, .......P..o.rter...R....Gra.:v.e.8 ................ .-...................... ..., Judge of the Juvenile and Domestic Relations Court of the said County /City, this ........26th .............. day oL .......October ....................... , l 9 ....$J.. " (~-)- /~ ····•··························~······································································ Judge of the Juvenile and Domestic Relations Court. Va �l Court NON.SUPPORT CHARGE OF DESERTION- SUMMONS TO ANSWER O'N.W E AL'T H Relations by delivering a copy of the day aL0.£ . . , 19,_£3 day Return received Cler~. 19 ......... f £W21;;;;4~~ n/'J~.~~™ d''~J .E:.J;..... 1.1.~.~ ...... . within summons to the within-named Executed Cler~. Issued ................................................19 ......... ....F •.. T •...Hinkle.1...Jr~ ............................ . Grottoes,· Virginia. vs. COMM Juvenile and Domestic 3303 C �G.Ashland, H. ParentVa. Co. Form No. DNS-2-Non-Support 3303 C No................................. . Summons The Commonwealth of Virginia, 1... g.?.~:.~":~.l To any one of the PoliceOfficers oJ the...B-~.~~t!.1.G0.~~'. .................................................................... : • I COMMAND You, In the name of the Commonwealth of Virginia, that you summon ............................................... . ...F....... ~ .....H.inkle~··· T.r......................................... , who lives at... ...0:r9.tt.R.~.§.,...YJ;r..;;i.ni.~.!......................... Street, to appear before our Juvenile and Domestic Relations Court, located at .H.?:r.r.1-.~~.D1?:tAf£, ....Y..:!:~.Gt.aj..?:!' ............................................ . on the .........71h ..............day of............J4~Y........................... , 19...?.~., at... ...}.;g9........ o'clock ....~~....M., to answer a petition by .........~.~.9.?:D. ..A! ... .Ht.~J~ ...1'.~~J~.:r. ............................................... , alleging desertion and non•support of his wife, child or children; and this you shall in no wise omit, and have then there this writ, with your return thereon. WITNESS, ..... P.orl.er ...R.•...Gr~nms ............................................. , Judge of the Juvenile and Domestic Relations Court of the said County /City, this ..........5.th.................. day oL. ...........Anr.il............................ , 19..Slh. Judge, Juvenile and Domestic Relations Court. �) ) 1 Relations 3303 C Juvenile and Domestic Jr, Court SUMMONS TO ANSWER CHARGE OF DESERTIONNON .SUPPORT COMMON.WEALTH vs. l F. T. Hinkle, 19 ......... ·······urot t:oes;··-v:trg!Trta~···················· Issued Clerl-{_. Executed by delivering a copy of the within summons to the within•named ...~ ..;t. ...... i.7!~~··········· P. C C . . ..., 19.9f ...................................................... P. this/A((L. ..day o~-d_ ...................................................... Return received this ............ . ff. ;J;J~ Cler\. J)~ t~ day of............._................................ , 19 .......... 7~7 A.L.S'fflAWDERMAN SHERIFF ROCKINGHAMCOUNTY �G. H. Parent Co. Ashland, Virginia. Form No. DNS•l-Petition No ...... JJ.93-..9............... .. to be Filed in Desertion and Non.Support Cases. COMMONWEALTH OF VIRGINIA: In the Juvenile and Domestic Relations Court of the ...C.a"1.nt,Y-...Qf THE COMMONWEALTH OF VIRGINIA, at the rel, of ......Susan ..A . . H inkl ~ ...':' a.:_r 1 o,~--------·-Gr..o.t.t.o.e.s...,_.J ... Ro.ckin .. • +.in-i~a~----- Name Complainant Address vs . ......F •....'r •...Hink le .1-•••• J r •~-----·-----··.Gr.o ... t.o.c .,. --~i~r-;-f:-i ..... n_.....i ..,,a~------ Name Defendant Address To the.Jlg_n_Q.r--1!.b..l.e ....l:9.r.t..~.r .._ ....__G.... r ... a.... v..... e...s...___~-----ludge of said Court: Your petitioner •····;·S·u.s.an ..A .......T_ay.lo.r .....- ............ ····---········-····················• respectfully represents: 1. That on the .. Q.tlL ......day oL1'l!.a-;,,.,........................, 19. , the said defendant. .....R...... . inkle.,...- .•J.r..r··············-··················-················-···························• ancL.Sus.an. ..A......3.amme.r.............. _....-·········-····CGive Maiden Name) were lawfully married by ......Re.v:.,._ ...B::t>.o.wn. .........................._........................................., in the..C{rnnt~--·--···--··of ...... .3..o c.kin L ............................... , State oL .......V ir ... in i a············-·························-··· 2. That on or about .the.....~.th........... day oLN.QY.!'J.ID.Q.~.r.,_ ..........._........, 19.-4-6, the said defendant did, without just cause, desert and willfully neglect and refuse and fail to provide for the support and maintenance of his said wife, and the followin'g male children under the age of sixteen years, to-wit: .....................................•........................Bor.~----········• 19.._ ...., ···················-··························-···Bor.. n _____ ····-··• 19__ ..............................................................Born.·---··•-········• 19........, ..................................................... Bor____ _ 19._ and the following female children under the age of seventeen years, to-wit: B..~.r.b.a.r.a...Ann ..Jiinkl.e. ..........Born ...D.e ..c..A •••• 1.7.,-..., 19L~ .., ....................................................Born.........·-··-··--····• 19____ ·························-·································~Born.•.•....••••..... ---···• 19_·-···• ···-············•-··-···· Born~-----, 19__ and the following children above said ages who are crippled or otherwise incapacitated for earning a living, to wit: ··························-····················-············Born.•••••••.••••••.••....••.... , 19·-·····• ··················-·······-··-·-···--·--··Born._ .._._._······-·-• 19__ . such wife, child or children being then and there in destitute and necessitous circumstances, 3. That Your Honor has jurisdiction in the premises, Chapter 80, Virginia Code, 1930, by reason of the fact: a. That at the time of desertion such wife, child or children were living in. ..Ro.c.k.ir1K..ha.:m_G_o1...._j .... n .... tyy__ _ (County/City and State) b. That such child or children are now living iu.... .o.c.kine,-ham. ...Count.y .............in destitute or necessitous (County/City and State) condition cind have remained therein in such condition withe the knowledge and acquiescence of said defendant; or c. That the defendant is now, and may be found, ~ving in.B.Q.Ck.in r.:.hg.m...C.QJ.m. fCounty /City and State) 4. That the facts and circumstances of the case are as follows: ···- ........H.g.S....no.t ....ELu.np.nI'-t.e.d ...o.r ....c.ont.r.ib.ue.d~o. ...th.e ...stm.p.0-r-t. ...oL ..s.ai.d...c.hil d s i n c e ... ..J.9J+6•····························································-·-········---···-·-····················. ··············•· ·-·····························-····-··········----····-·-·-·-•···········-- ··-----··----- ----------- ····························•-····-·-·---···· WHEREFORE, your petitioner prays that proper process may issue; that the Court may make all proper and necessary inquiries into the matters herein set forth and enter such judgment or orders in the premises as to the Court may seem meet; and your petitioner will ever pray.etc. -4~ Z ·-·-·--·· 0 .... k~ ....2~~-·-·······Gr-o.t.to.e.s.,. .... Petitioner sign here ...V.i.I:>.gJ.n.i.a------- / Address Div o.r.c.e.cL:1.Ji.fe.....- .........--.-··-··-·•··-···-···············~.e.P.t.~m.b.e.r._25,J-.-L9.~,,,__---~--Reiation to Complainant or Defendant ------------------------------------------------------------------- Date ----------------------------------------------------------·----- COMMONWEALTH OF VIRGINIA, TO-WIT: This day personally appeared before me, ...._.~.\.rn.an...A .•....T.a.ylor- .................. -·-····· ___ , G}m~)to.e 20ourt-<I Notary Public-1U{;}!:~«fxthe.i2eJZG!SH!in and for the._ ...C.GU.nt.y.....and State aforesaid, the above-named petitioner who, upon being duly sworn makes oath that the facts stated in the foregoing petition are true to the best of his knowledge, information and belief. Give under my hand, this ........25.th ................... day oL .....S.e:o..t£..mO.. ·P·,······-······---, 1953... I was commissioned as Lois ,1. lvyers. ~ ~......_ LMv commission e XP ires Nov. 30 19 54···--·····~t-·~···,g,_ ...(.__ ..~~~----, ' !oierkJot:melO"clC!1t-Notary Public~:ustil;ruJktb.J:h«~. I have reviewed the above petition and direct the following: I. □ Petition denied. 2. IXJl( Investigation order retur~t>le the._ ....Q'tD ...............·-········· day oL .......l:.Q~l.~:'.:!'.e · , 19~.:LJ 3. :}[XX That summons~~ issued and served on the defendant and the matter brought to trial on the .......6-tlL ..............day oL ........lI.9Y§IDR.e.r ...(~.t...J ..PM}....... , 19.SJ ...Also , 11 witnesses be summoned to appear on the date of trial. Date .._OctQ.Q~r ...26.th,, ...19.SJ •..............By order ···············-·· ····---········-·• Judge. �Statement of Costs -F£-!r ····----- )• 0-0 --·J=~-··- Juvenile 3303 C and Domestic Relations Court Rockingham County and the vs . ......F •.. T •.. Hinkle, Received and Defendant Complainant AT THE REL OF o ···-······-·· filed ............................................, Petition of .. Susan ..A•..Taylor ..........--········· alleging desertion and non-support. ..Jr ...Susan. A•.. Taylor .............. _ COMMONWEALTH, of the.cit-y··oi··-Harrisonburg,··'lfirei-nia,. ····-;-~·-·-:;:.r·· T!i9il F~e - - - , - - - - - - - $ 2-" ~ ~ Warrant ..................................... . .../-, .tr-t'!:)....... aL ..........each Service and Arrest - • • • • • ........Summons ~ sa~ ,J.L-c;···-·each Boncl................_. Bail BoJa ..............................- ft' ,-,e.. 19 ....... Probation OHicer. , . 19......- Clerk. -------------------------------------------------------- J_S:..' 19..................... (Give Names and Addresses) Total • • • • • • • • $.8.~ .. Non.Support Witnesses: Petition referred to Judge Petition Denied/Granted Investigated. issued ---------------------------------------------------- Docketed for trial .................................................................... Summons/Warrant ....··········......··········..·························-······, 19.·-·-· DISPOSITION: See Juvenile and Domes• tic Relations Court Docket, page .................... , year_·-········-············· Clerk. I OF VIRGINIA: In the Juvenile and Domestic Relations Court COMMONWEALTH The City of Harrisonburg Rockingham County a.. The· defendant, .... F • T .Hinkle .1 Jr .•..............................................................................who was charged on petition with de~4i.;i~~or non.support as set forth on reverse side, upon trial is hereby found ........................ guilty of said misdemeanor: Further, upon consideration of the circumstances of the case, the imposition of sen• tence is suspended and the defendant is placed on probation and under support order. SUPPORT ORDER 1953%:_) ..... ..... , to the ........................................term of Judge. this ....Lok ...... & -tt:, The defendant is hereby ordered and directed to pay to ....$.1J§.l?.n ... JHinl~l.eJT.a;,llOr toward the support and maintenance of his dependents as set forth on reverse side weekly /mon-t+,.+ythe sum of $...J~.~.~9........for a period of one year ending .._.i'.1..~...::UJj • day oL ...~~~.~~~~E. .................., 19..~~··• and is further required to enter into a recognizance, with/without surety in the sum of $......~.QQ.!.Q.9 ........to faithfully comply with the terms of probation and the support order or any subsequent modification of amendment thereof and shall make his personal appearance in Court on the .......... .:U:.~!.'..! ........_day of .!9.~~~·'='·~·-·······•19_.~~....., or whenever in the meantime te may be ordered to do so. Further, upon consideration of the circumstances of the case, the defendant is hereby fined the sum of S.J.!.QQ.........................and costs of $ ................................... and order• ed to pay same to the Court in weekly /monthly installments of $ .............................·-·············· with/without surety. Further, upon consideration of the circumstances of the case, the defendant be and hereby is sentenced to the State Convict 'Road force at hard labor for a period of ·····--· __ 6__ ...months. . Upon further consideration the execution of the sentence to the State Convict Road force is hereby suspended and the defendant is placed on probation and under support order as set forth above. Failure to comply with the terms of probation and support order or any breach of the peace will cause revocation of the ~uspension of imposition/execution of sentence. ....., Given under my hand aL.-L~·-··········-···Virginia, day oL~ !':...L CK.. .. ~ ..... is granted Judge on this the ....................day oL ...............·-·····-• I 9........• an appeal ............~.....:2~ On motion of the defendant the --················-···················•··-·····Court, -·····························-··•··········---·············---·······-······• �Docket No. 7 I4 t, :J- . COMMONWEAL TH of VIRGINIA vs. Misdr. (appeal) F. T. HINKLE, JR. W. W. Wharton, Own 1955 February (x ) 22. ------P• d. Appointed Docketed. CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co., Phila., Pa. �TRIAL JUSTICE C~URT J. D.R. Docket Commonwealth V. F. T. Hinkle, Jr. Defendant. fV J-'f.' ). _ Appearance Date Trial Date JI- . , I I-! f- ~n-1. /~ / ?-- J~a ~ ~.5-.. - I:.:.-S f'. :U-6-5J ~.-~3 Pr~ - 3 />.IYJ. V :111 \ �I / / � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v F. T. Hinkle, Jr Subject The topic of the resource Child Support Custody Dispute Description An account of the resource Defendant charged with failure to pay child support (note: custody dispute; child support) Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1955 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_018_004 Hinkle https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_001_commonwealth-v-elwood-herring.pdf 82961c5b0508a21f4aeb3b7365c9a79a PDF Text Text COMlrIONWEALTH OF VIRGINIA COUNTYOF ROCKINGH.A}f, to-wit: In the Circuit Court of Rockingham The Grand Jurors the body of the County Court of said on the ously 11th County, and slay of the ockingham, upon their Birckhead, the Grand Jury oath present in said one Effie now attending County, that in and for the Circuit Elwood Herring, unlawfully May Mo.cgan, against and felonithe peace and Commonwealth of Virginia. Upory'the evidence See and Sgt. of August Term, 1958. Commonwealth of Virginia, day of May, 1958, did kill dignity of the County, to give of Virginia witnesses evidence. Schaaf, sworn Trooper Failes, in open court Charles and sent to M. �:P/ PRESEJ\J1'MBN COMMONWEALTH V. ELWOOD HERRING Foreman ~ TlBilL Charles E. Eannan, Jr. Commonwealth's Attorney ·-_j �#-?v Ct::_ll{Jiej~ /.l- ~- ~~u I I ~) _ ~ 7'--5(_/ ~Y(C/~ c:F~ /. ~~ 7~~ I ' tt - �- - . -- - -_______,.- I ---+-- - 4 - - - J1_ I �CO:M:MONWEALTH V. ELWOODHERRING CHARGE TO JURY If you find as charged and fix tentiary years, his guilty of involuntary or both of the indictments, punishment, for in each case, a period of not less in your discretion, or confinement or by both such fine If you find you will accused in either or, Dollars, the than one year by a fine and confinement in jail. say so and no more. of either say so in the peni- nor more than five not exceeding a period guilty you will by confinement for him not in jail manslaughter, One Thousand not exceeding or both of said one year, charges, ���------··-- �COMMONWEALTH v. HERRING I INSTRUCTION ----- The Court of an accident criminal vehicle does negligence involved. instructs not the raise on the part jury any of that the presumption the operator mere happening whatever of the of any motor ��COMM)NWEALTH V. HERRING INSTRUCTION The Court suddenly peril and unexpectedly of his bodily fault, he or sound care, instructs harm is not fll'' irf)- Q f z Jai:11t under jury placed that where one in a situation of by means of a sudden emergency, required to that judgment e...rerc./ ✓ e ~ the or exercise discretion, ordinary imminent without degree of :J,,?f1 {'?,W~ which circumstances is and htt~e norma 1 conditions. Thus, if you believe from that and unexpectedly motor vehicle instantly you care cannot which prudence have to confronted done avoid he was to avoid find under the wisest an accident. Elwood an accident because guilty been if thing you or of was suddenly a tire on the was compelled of believe exercised circumstances, Herring a blow-out and Herring have such evidence,~ driving him would with the such blow-out, he exercised by a man of even exercised though the to act then the reasonable he may not soundest judgment �I l l �CO:MMJNWEALTH v. HERRING INSTRUCTION The C~pr\ instrµcts "t- -r.r-e1/ J automobile GI£¥ any to degree is not~an necessarily in the It /,or/ the jury that skidding of an L, occurr2nce of such establish or constitute operation the a character of an automobile. as negligence .QC"\ in �l. '1 .L l Il .J I l l �COMMONWEALTH V. HERRING INSTRUCTION The Court charged term against the criminal as might or something by his more was negligence is human and life liability formed of than merely another, under in such of must or the it must a character as circumstances gist order order for to such damages if is that by the negligence by the killed, be criminal as crime but negligence, necessary the person for negligence or indicates a callous disregard of consequence upon every carelessness criminal necessarily act liability cause of injury his act; the or per- in the to result or wanton safety deatho death from and of gross criminal carelessly results be reckless show disregard to of a of culpable for likely the negligence; simply a suit of negligence; such to not the culpable be predicated in criminal be shown probable because is negligence which but negligence, such that that representatives that; gross cannot of it jury meant personal action, accused is from damage the defendant foundation distinguished civil the negligence be the injured as instructs of others �'.) L , i ::, I ~ -' t -J .L J ~1 l l , < ' - 1. l l ~'.) r -I -l ~ ~ I" ~ -1 ~ ~c .l ,. s 1 'll "- ~- l r- - ' -l L :: .....,. v: J 1 : .:~ l ~ ~ "'I ~ :s l l l :.... , ~r -=- , ::, _{ s L. j .., i J -I t:. ._ :> _l ,_ j ·L -l '1 l .rf 1~ :; -Il )-../ I -. l. -:- -.r- ~ d 1 J. - l [ -.l C. '; '/ .l. l - :::: - .. l .. J . ! I, s i I l l I :J .1 V _,L J ~ -r _t -l -J 1 .L :>L vJ ...... J L L �COMMONWEALTH v. HERRING INSTRUCTION The Court to be innocent this of instructs the presumption the every the of trial. By his with the plea allegation Commonwealth charged the and jury crime follows essential crime the the which he accused accused is "not guilty" of the indictment of guilt beyond and, every has has upon of every denia1 put element that stage accusd and every presumed charged, the proving 1s accused is throughout of burden the that the reasonable doubt. shift is This burden, as but remains throughout under and, after reasonable of such doubt by you ing part of the the full benefit You are that the this is feel that not guilty, can not must of such is but be innocent. to probably to his you you him not guilty. but it is innocence, ent~rtain guilt, not must a mere even give form an essential and you not The accused establish is does must a him the to be and give the bind- defendant presumption. committed be proved theory land, instructed sufficient he the trial. evidence innocence pleasure law of further accused of at or accused's find Commonwealth, entire prove the and presumption disregarded reasonable to the on the the considering doubt of This ,guilt imposed no requirement if, benefit so the that while crime with convict nor you may be suspicious which is it or more likely the conviction of so clearly consistent that with there the is sufficient guilty warrant he if guilty this remains evidence charged, you than accused, not upon his one which he �- ,.. u· ;- .... .- ... s :) . 11 ~ . ::. .... ~ .r ...l 1 •r . L - ...11 .._ ~ 'r - "/" •r .1. l ~ I 'r,.. "" \ 1 ~ L. ::. .L l ,. r- :, V l t . [ $ r l i J .t i .I.~.., ~ L t 1:L t .., $" r l ~ - J. l vi J ' 1. r i - :l , r . ,. :..,r j-r 1 .l ... r- j ' i .... ::. l l .1..., l J. r ,:;." ~ J i .i i :., ~ L - ,. L, j -' .1. r ~ r .,., . -"::. 1 j j: 1 -- :) - J. \ .t - -1 ..i l - ,. t r ...v .!_ 'J .:. ~ 1 .n l 'f J. �If to a set of two or more interpretations jury must facts reasonable points acc~pt or circumstances that should interpretations, to the innocence interpretation of pointing be susceptible any one the accused, to of which ' h~s the innocence. �- l J ~ lL l ~ :) .... u J l ~ i L j J j ' ~ '' r .__, �COID1ONWEALTH v. ELWOODHERRING G INSTRUCT ION --=-- In considering burden the of proving Court possible its beyond must limit the trial of this you should imaginable, its case, to create the from lack material and not doubt. of the charge, evidence presented and reasonable cannot go beyond nor can you go beyond jury should of evidence, proof fact or a man must be proved natural The jury which such at in- such evidence to of guilt. Furthermore, questionable doubt, the the word imaginable or possible to the doubt, is a doubt of the proof including evidence arising overlook doubt conceivable consideration to be drawn therefrom. inferences reasonable not not say that sufficiency ferences find beyond A reasonable law does upon the jury that jury the every the accused and is not to be corfu.sed with for In passing Commonwea~th has met its of the meaning. on reason, doubt, or not the guilt the nor founded guilty the instructs "reasonable" is whether bear from conflicting of any particular essential a mere doubt in mind that fact, to the proof concerning testimony, should of the immaterial any doubt or from be a doubt guilt of the of a accused and nonessential cir- cumstances. If, evidence, vent a reasonable your minds you from reaching cused, then If, sideration viction all after the left other a convinced of all the of the truth doubt. hand, after evidence of the consideration in such a state belief Commonwealth has failed on the reasonable are and honest in the charge, of doubt of the to meet an impartial case, you are of all guilt its of the as to preof the burden. and reasonable con- you have an abiding thens ac- atisfied con- beyond ��COM:MONWEALTH v. ELWOOD HERRING The Court instructs witnesses is the to determine right stand, tency manner of their credibility for the jury; or lack in the of the trial, testimony the circumstances of credit and to give appearance the their to the more worthy that jury of testifying, the witnesses rounding the from the testimony, intelligence result 7 a questionexclusively their apparent INSTRUCTION if candor any, the any appear, appearing and what is credit reasonableness apparent if on the the accordingly. and the jury of the witnesses of intelligence, parties, of have on the and consis- and fairness, their the relationship interest of the and from all trial, relative witness other which witnesses_ weight of surare of any such �J �COMM)NWEALTH v. HERRING The Court all of doubt the as criminal it is evidence to whether negligence, your duty to instructs in this or not as and the case the defined you shall Jury you that entertain defendant in other acquit if, after any is guilty instructions, him. - hearing reasonable of then �~ --:1 ~ ~ I ' r l I J L .- .l. ::;, ll L ~ l t �Filed in the Clerk'sOffice ReckinghamCounty,Va, Ser' 22 1958 COMMONrEALTH OF VIRGINIA IN THE CIRCUIT COURT FOR THE COUNTYOF ROCKINGHAM ~J_.__t,,;~~~- 11~ C~erk COMMONWEALTH v. BILL OF PARTICULARS ELWOODHERRING this On motion of the defendant, Honorable Court, the the Attorney for for a bill states that indictments Odham and Effie for in the the acts Charles 1958, of criminal 11th Jr., of and, criminal negligence manslaughter on the order comes now E. Earman, above captioned involuntary May Morgan, and upon the day of September, Commonwealth, of particulars ceedings, in the the 18th by counsel, pro- alluded of Judith to Ann day of May, 1958, are as follows: That the said the said decedents grossly~wantonly which the existing gerous were passengers, drove taxicab weather wantonly operator and careless said and terrain; Elwood Herring, and reckless of said taxicab; operating the be safely highway and operating manner without condition of the tires taxicab at a stone a gross, existing; cab while wall cab, of reasonably rendering in a the under him grossly) speed the at then visibility the taxicab in a grossl~ said for the mounted regularly extremely driving or gully supporting the and carelessly and utter and prudently want only said and portion a deep ditch for dan- upon the wheels travelled or electric and by grossly 1 wantonly in a state of tiredness thereby taxicab conditions, then want on and recklE;!SS speed made him incapable in which and carelessly off the and telephone taxicab surface U. S. Highway Number 33 over and through into said driven regard by grossl~wantonly said the manner by exceeding conditions, by driving patent could of the and wooden pole conditions driving physical of then said fatigue, operating and carelessly taxiwhich said taxi- inc ompe- ��tent the as a motor circumstances vehicle operator and conditions at then the time existing. and place and under �- ,..., �C122622 DEPARTMENT OF STATEPOLICE Date~/~-_.,._,;?_____ M__ ..:.....~=-==-=:......:=........::::_ t _,!', }. Reckless Driving O City ~....:....=..:...::.:..:..__,;:..__.:.._..:.._.:.._....::...:._:..__:_....:......:._.....!.:.__you are hereby summoned to appear in County Court before: __ •• cm~ _ _,_ __ -'- __ ,at..----------"PM. AM i. to answer for violating the motor vehicle laws of Virginia. to wit: 'MPH Zone 0 MPH 1n _a____ Speedin~g_____ Chauffeurs No Operators License O Illega.~-------O Other □ I hereby promise to appear at the time and place specified above Summons issued under Title 46-Sectlon Failure to comply with this summons offense. Defendant's Signature Trooper Shield No. 0 All traffic lines for Stale violations Fund for Educational purposes. RACE I SEX 'WEIGHT' 193. Code of Virginia. constitutes a separate are paid into the Literary I HEIGHT FT. ] "' <Ul -i:i..:1 z-u...:I .. GI ll, == >> = Ooz IJ.:i J:1-t OPER. OR CHAUF. GI c,_ - Q ts ai a N ~"'"' g G) G) u IC G) ~ i:,.:iJ:1-t~ ~o~ oz ~g 0 2:: uo VEHICLE 0 0 JURISDICTION, COUNTY, OFFENSE DATE u iii £ £ ts ., "' GI iii -.,".... G) I LICENSE NO. STATE MAKE TYPE NO. YEAR STATE CITY OR TOWN NAME OF COURT ~ s: ~ tiGI .!:l I> s: .! ] YEAR ; LICENSE CODE IN. OCCUPATION G) G) ., I VEHICLE CITY "'ll, :x:E-t0 .. E-tO~ ~ ~ :x: " ~~ _ PENALTY PLEA CONVICTED GUILTY □ NOT GUILTY □ DATE OF IMPOSED LICENSE SUSPENDED? GI ::, 11' YES □ G) u b !l PERIOD SUSPENDED LICENSE SURRENDERED? SIGNATURE OF JUDGE NOD OR CLERK -§ 1:::, .!l 0 u -= GI = -= C122622 YES NAME OF ARRESTING OFFICER D NOD TITLE OF COURT OFFICIAL This abstract Is filed by the Judge or Clerk of the Court having Jurisdiction of this case as required by Section 46-414. of the Code of Virginia. as amended. DATE �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Did not yield right of way Improper passing Operating wrong side of road-not Following too closely Failed to signal turn or stop Disregarded stop sign overtaking �Comp. Form 18 I STATE OF VIRGINIA ~ OF Harrisonburg No .._____ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: Whereas, John G. Leake has this day made complaint and information on oath before me, ___________________ _ (Name) Jastice Cit7 or The Peace of the said Ga:lcrxy,thaL---------------- ___________________ Rocking1lam in tmc:DidCounty (Title) _____________ E_l_:w_o_o_d_H_e_r_r_u_g ________________ .d h ll,1,.1. d 1 on t e.__ i.a___ kill day f o-~------=--.J M_. __________ and slay oae Effie May Morgan, agaiut , -~8 19::'.'. __ a:ai felGnioua.l,,., -J : Unlawfully the peace and dignity or the Commo:awealth of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rocld.11gaam County Court of tmxaid County, the body (bmi!ixs) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color Address ----------------□ color Address ·---□ color Address □ color Address ________ color ____ Address --------------□ _ as witnesses. Given under my hand and seal, this (Seal) �::.rr1~isonburp OF VIRGINIA-CClUJ'ITY ST ATE OF-------------------, I. . ___ J_o_:,_· __ G_. __l_e_~_,_:_e _______ to(!'.jt.;_,. Ju9ge-bf- rhe --COuntf. Qiiuv: a in and for the C:roroty-a¥iresaid, State of Virginia, do certify Justice of the Peace that d~O. I., ML\-::i ?A~ORA ~ALL:, (/. .-R.._ and ---i-b'"l.i;t:liiE'l,~!!!_[l.jj/:i!:.-.1J..iJ½~•~~~1~/'/~~~W~~cf/t"""'=-=~--=-_:::_____ , as his suret ii» • ilJO./lliE't•UhFAC"t O""'E _-T 'I to the Commonwealth of Virginia in the sum of i- ~rs·. ($ 12)0. '"'0 land~, and tenements ::awoocl Le·,r:.nr· b~--------, said ____________ 1.oc;;:i:'1f''· 2r;:: 2 P M., at ;Ic rr • S O"l-::.,ll.I' g County, on the 0 themselves indebted Dollars D. D : • J .,.,:I"?':'~~, ;...,._;;.. _____ !T"-:: ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: That the of ,have this day each acknowledged .-::-{ to the use of the Commonwealth Ciccui«: County shaJI appear before the th day of to Court June 19-2B..., at ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in fuJI force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that ___________ ,days J-8e-. J.P. ~ .. (i ~ 0 r.o r.o c:.....o '"?j 5· ,. ~I-'• "-<l~ .. I-' i= 'O ::i V1. p.. . co ~ • ~ -ffi ~ c+ t:s" I-'· (/) ~ g- p.. oq "-<l (1) 0 1--f) IC::'O (I) 0 ~ 0(1)(!) ::i o' 1-'•I-'• c+ (/] ::r O (l) 0 'ip ~ i= • Q"Q t; 1--f) I-'• I-'• (/) 0 I-'• c:....,:.r ~ ::s !lJ (/] ::s p.. ... g:g' ~ ~ ::, (I) 8- g. !lJ "-<l::i ,.::r... () X ~ I>) ..., 0 a: z 3 5· ~ o· ::, l"j > t"' ..., ;. (1) 'd I-' 'i p_. 0 o' 1--f) !lJ 0 o' 'i I-' p z ~r, a: ~ ;. ,. ::, () l"j 0 £, ::r p_. (I) t1 0 ::x: ~ ,:r,.. L.. I "'I"' ::rI>) ~ ... llQ _,. ..... ::t, ::, a. '"?j .. I-' (/] c+ ~ n0 0 'i ::r !lJ ::s p.. ..~ ~ (l) ~ \ 1 >-3 ::i !lJ Q 8 O!}J::,-' c+ I-'• (/] 'i er ... 3 >-3 3 0 ~ ~ n0 ~ "' ::, ~ ... ~ ;. ..>-., 0 ::, Cf) C: 3 3 0 ::, 5· llQ ~ ..... n s::: ► ;:.~... ... ;:.- ... ,. g,. '"Ij r.o ... ,. ~ r.o ... § ;,<;" I>) llQ ~... ::, ~ >-3 ... §: ~ I>) C: ... ... ,.i5. ..., I>) ,. ~ -0 ::, I>) ::, ~ Q. Q. ti:! I>) I>) g- ::, ... n... "' .. :; to a. I>) '< £, < :;· llQ 5· 0 I>) 'O ::, ... ., -0 F" F" ~ '< 0 < :;· C!:l. I>) ~ ... 0 ..., ... ;. ~ ... ... ::r0- 0 ., ~ a. -ffi -s ... "' '< 0 () go.., ~s· 0 ..., (I) (I) ~ 0 g i:, ::, -<! ::.· ;. ,,, n 0 ., ... C: IJQ ~- g- ... "' "' ... r.o $l ... ., ... - .., 0 n d (i n 0 0 C: ::, IJQ ~ a. ... ::, ;::.· ,. �Comp. Form 18 l STATE OF VIRGINIA COUNTY OF _____________ TO ANY SHERIFF r No. _____ To-Wit: _ OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, ____________________ _ (Name) of the said County, tha~---------------- (Title) _____________________________________ did on th~ _____ .___ day of__________ _ ---, 19__ in the said County : Unlawfully _________ _ These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color Address color Address --□ color Address -----------·----□ color ____ Address ---□ color Address --------------□ as witnesses. Given under my hand and seal, this _____ ,day of________________ (Title ot Issuing ~ Officer) 19_ (Seal) �ST A TE OF VIRGIN IA-COUNTY OF _ R__ ....... o____.c~_rd__.__, _#c._G.=-.:/{_:__11_:__1)/J'-L...______ }11991If ffle G!Hty -~~~~S~r-K_'~()/<_K'.~l()..._,_R~N~~ a Justice of the Peace that £L J1,lt)O '/) tiCR/.? /IV t-, and {!IJ,€'1, 13/oLJ.; ~ £Ll(TOH;V'fl, as his surety I, . €.HU to the Comm~wealth RD t ?,:f , have this,,day each acknowledged themse~e~_indebted j{~ollars be made and levied of their respective goods and chattels, Jand5, an~ tenemenl to the use of the Comrr~nwealth TJAIEl JI£ in the sum of be rendered, yet upon this condition: of in and for the County aforesaid, State of Virginia, do certify Hrr!j of Virginia J:}.5 0 '"" ),to ($ , to-wit: /le &1(1/y6.. EL woo}) That the said t{, .N (,, UeIll} /il()t,I ))/2,e)) ¾,I) . County, on the :27-:tir , shall clay of IJ appear before the ~tut{lz- G~ to Court ' 19d. County at M., at A/?./(JS.ot{A,//c{,.. ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation &o remain _in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; affll 11pea die hrthrr rendition tbat ..1·u.,":•;:•:ili!a!1-11!!""~=---iii-eii-ii-■-■~°i---------------- "S11K3T'.IGl~JIC9!J~t!t!hll!'t"'lP!'lllllili-=iiiiflii:fill;.Jb;e;:eH~giiiiil!f!fibiK~.~i6f&?-fi!.ns!'l't-.u"'-,P~tlli·•J !la£.., __________ _.~ zit !liiieiit i Nonappearance shall ~med to constitute a waiver of trial by jury. 9 G;ven und« JO my hand, th;, \[<},U: d,y of J;tar£~ ~ . J.P. ;. r'D "%j tl s· r'D 0 ~ 2- .... "' SU < C: !" n 'O "o ,.5; ::s "' a. ... ::,- ~ ,. ti ~ ,. 0 > (") ~ ~ ~ ~ SU 3 l".I (") SU > z ~ a:: ::s 0 a: pz "%j 0 > ~ ~ l'1 > t"' s· ... o· 2. ;. r'D. :z: l".I ~ Ul ~::,SU .., aq _,. .... ::n L, °" r ::z: ::s n ~ ~ >-l ~ ➔ 0 :p. - r ::s Cl. SU '< Cl. tl Ul !3 !3 !3 0 '%1 ~ ... 0 e s· ,. ~ ... e 0 (j 0 .... rn rn !3 0 ::s s:: 0 ::s ~ g- ,.rn rn ~ ,. e;. s· > aq .... .... > ... .... g,. .., 0 ::s ,. '< ~ rn rn ,. '-' (j ,.,. ;,; ~ "%j SU ;:..., i!:: ;:.SU ,. aq > .., .., r'D ~ to ~ >-l .., §: ~.., .., a <: :;· g IJQ IJQ SU r'D F' F' E. ~ ~ Cl. i5. r'D '< .., SU 'O ::s Cl. Cl. SU 0 ,. SU .., Cl. .y, ::s ::s n 2. ::s q 2. r'D ., C: to <: :;· s· s· 'O 'O ,.SU ... ,. O" .., 0 r'D >-l ,.;. ,. ::,- "' [ (") 0 r;,0 ~s· ~ 0 fl) ➔ fl) g g 0 ::s ::.· ~- ~ ;. ... .... ::s ,.rn rn ,. (j 0 s:: .., i "' ,. .., ,. ~ - ..." r> - IJQ 0 (') 0 s:: ... ::< ::s n 0 IJQ ::s ;..· ,. Cl. �In the Name of the Commonwealth of Virginia: To the Sheriff of )~alffi: You are hereby commanded to summon County, Greeting: CHARLOTTE ................................ BEV.ERLY ...KISER, ...Abile.ne .., ...Vir.ginia ...................................................... . ·············•························· .. ·················l··P ···················································Y.(!.: to appear before the Judge o'clock, a. m., on the ....24th Commonwealth-befare-tlre of the Circuit Court of Rockingham day of ..Se.pt.ember. County, .... ... 7 at the Court House .. 9............... . ~....... thereof, . at 9 :30 ...... , 19.... 5 to testify and the truth to say in behalf of the ·unrrrd-J,.rry-, against ....ELWO.OD. ..HERRING................................................................................... . who stands changed with and indicted for a felony-nri-sdetnee!tO!". And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, And have then and there this Writ. JR., Commonwealth's Attorney for Rockingham County and the City of �- d -=----1 �Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sh.eriff'b ::Saia~Crolnt:y:; Greeting: C • ty Sorge You are hereby commanded, t, Ilopm-rnll ~i "'gin· in the name of the Commonwealth of Virginia to sumrno1~--------- Vi ein..:..n Schric::> .....; 221 2 J i"',.. r,,1" St.,,.oct, to appear before The County __ l_s_t ___ day o~f__ Court of said County, ~J~u_l~y ___ , 19~, sitting I npcwc11 , Vi "Cini at Harrisonburg, at the hour of 2:00 Virginia, o'clock, i.:' in said County, on P. • of that day to give evidence in behalf of_ ___,C!<...o=r111 .....n...,o .... 1u.11 .... v~e ..... a...l.....,.t......._ ________________________ 111 the pending case of ___ 1,.,.!l=O=I.._.J=W=c~J...,,t._.h...__ _,,C'--''.Jt= _____________ _ __,__ -:::.::=:=::Y::::::l2::-:=·c-'/_/,~~-- Y/. / V. Clerk re 1c.x 6-56-5 M-Garrison �The County Court 26b6D A _____ Docket No. Co 26571 A o 1 '1CC31th ( V. ( Witness Subpoena ( o :-.cis on Ju~. -, 195 ; �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ... ......O.nni.e...Mowbr.ay. .......................................................... . ............................................................................. Buddy ..Baugher. .......................................................... .. to aPPfj~jfiore the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at lK.o'clock, a. m., on the 24thlay say in behalf of the Defendant of ..S-eptember .......... 19 .53.to testify and the truth to in the prosecution of the Commonwealth against....................................... . ............. ~i~.c,9..d..JI~r.:rJ;n.g··········· ........................................................................................................ . who stands charged with and indicted for a felony m~en,et1N@T. And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the .l.8.th ........... day of .....Se.p_t.emb.er... 19 . .58, and in the .18.Jdyear .............. ~ onwealt . • .... Clerk �r .c;XECUTED~Zi-d,/ ROCKINGHAMB THf ,.,')UNTY(H DELIV1: COPY OF THE WlTHIN~..c.L"::" T0~.~~~~4-,....:.:~~W PERSON. 8~ I . . �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .. ..l'1~r.Y. ...Eµ.l,y~y .................. / . ............................................... . I to a/'!eeJ before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, 9 of. .......S.ep.t.ember.,........ 1958. to testify and the truth to at 1KIC.o'clock, a. m., on the24thday say in behalf ......................... of the Defendant in the prosecution of the Commonwealth against.... ................................. . ....... ....... ~;lJ~~l9.9.4 ... ffe.r.r.tJ~K ............................................................................ . who stands charged with and indicted for a felony ~ And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ......2.2.d ........ . day of •••• S.~Pt..e.mPE?.r..J.. 195~.,and in the l~~:d~e~r.-;l;:;Z~~l~.h. �t �In the Name of the Commonwealth of Virginia: To the Sheriff of~ You are hereby commanded County, Greeting: CHARLOTTE to summon . :r.:·. .,.... to appear before the Judge of the Circuit Commonwealth-befot"e-the-Bt--an&JUTy, i1en. .t .... 1 • r. ini Court of Rockingham ......................................................... . County, at the Court House thereof, at 9:30 against ...E.Ll0.0.......'..J,._..!N. ~............................................ : ...................................... . who stands cha1;ged with and indicted for a felony-mi-sclemea~. And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, And have then and there this Writ. JR., Commonwealth's Harrisonburg, Vinginia, at the Court House, the.22!.... ... of of the Commonwealth. Attorney r, •c;,' ... •·, w-•~ z for Rocking,ham •··· •••••• County and the City of ··7• 19r. an th e 18"·~·-. iU~2 ....... . Commonwealth's Attorney �-~~ Executed on th.__::2-=:-_dayof--~ 19 in the Counj\, of Charlotte,Virginia, by delivering a true copy of the above mentioned pa;:iars attachedto each other, to -:;..-..Jl~~~-----'1-~--~~-----------------~---------- •==~~-~----------------r;-----1._,-:;,--·-r71-~--";7"~:-------------- 1n per:i~m. {'f_~-------------------~,J---------------- DEPUTY SHERIFF, COUNTY'' OF CHARLOTT!:, VA. �In the Name of the Commonwealth of Virginia: To the SQ:tel1iff f~lrlnglicmx:.::CO~, You are hereby commanded Greeting: CITY SERGEANT, HOPEWEIL to summon .......... ........... ...... ... . . ................................................................................................... . ............ V.l..RG-.INIA. ..S.CH.AAF., ....2.2.12...Pic.ke.t.t. ...S.tre..et.,...Hop we.11., ..Va ................. . to appear before the Judge o'clock, a. m., on the ...24th Commonwealth of the Circuit day of Court of Rockingham .Sept.embe.r. House thereof., at 9 :30 ..... , 19.5 . , to testify and the truth to say in behalf of the b-efotie-th-e-Grand-:fn-ry,against ......ELWO.OD. ..HERRIN.G ................................................................................. . who stands charged with and indicted for a felony And this you shall not omit under penalty. Witness, County, at the Court CHARLES E. EARMAN, Fn+se@nH~a-a9r.,. And have then and there this Writ. JR., Commonwealth's Attorney for Rockingham County and the City of �TRt ND AT q lF.~.19:_, .. ,,, • .. . . - t .)/~k..COU1~ jP ~ DAY .• NOT. so l'HB wr~HJN ..~ Jf::_9' .... DAYom •.__. _,....,.~....!:Y l'.)..;) ..WJ'l'.IN TID.'.iCITY: ~It~flG A TRUE THE '3.Ali"' N NRr .liC AHD COP~ -~~~~ l~;)k···- W.ASPOUNDA'L-...._ ... ..... ···-···Uru.AL PL.A.Ci:o,r A.B6)DEAND WHOIS A ........... FAMILYAND J.. .,.,, �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ................................................................. T.RO.0.PER ..FAILES........................................................................................................... .. .........................SGT......BIRCKHEAD ........................................................................................................... . ................ .............. ......CHARLE.S ...M.•....SEE.,....C.arr..1.s....T.ir.e....S.er.v.i.c..e. ............................................... . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the ..24th Commonwealth at 9 :30 .. day of Sept.ember ............. , 19.. 5.8, to testify and the truth to say in behalf of the bef~re-tne-6ra:nt!-Jttry, against ..ELWO.OD. ..HERRING.................................................................................... . who stands changed with and indicted for a felony And this you shall not omit under penalty. Witness, County, at the Court House thereof, CHARLES E. EARMAN, misd,@FR@ai}Qr. And have then and there this Writ. JR., Commonwealth's Attorney for Rockingham County and the City of �1rrn:FF �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .................... . ...................... ............................................... 1-:.RO.O.:PER ...f.Al.LES.................................................................................................... .. ........................................ GUARLES ...~ .•....SEE.,...C/o....C.ar.r....B...o.~.............................................................. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . .................. to appear before the Judge o'clock, a. m., on the Commonwealth . ~.G'.l' ....... of the Circuit 18th day of l3.J ...G.fillE.AO ....................................................................................................... . Court of Rockingham House thereof., at 9:30 before the Grand Jury, against ......ELWOOD...HERRING ................................................................................. . And this you shall not omit under penalty. Hmisonbmg, at the Court . ..August .............. , 19.5.8 .., to testify and the truth to say in behalf of the who stands changed with a-ntl-i-neli-deel-fm-a felony Witness, County, CHARLES E. EARMA And have then and there this Writ. , JR., Commonwealth's Viaginia, at the Cou,t House, the. of the Commonwealth. a1+seeraeaR0i:.- Attorney 7th of ·;---August-. for Rockingham ...... , - ✓~ County and the City of ~7 2 Commonwealth's the ~--_,,,~....-~v-: Attorney la.3rd yeru �TEDM~ ,-~..IBCUTED ,~::¢t'iN ' THE COUNTYOr ROCKINGHAM BYD COP ' F TH TO /:; / ,-FL---+-~~s;...__-- L ON. ~~.Lt14-.~GL.£:!::.~ @}'J., �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................................................................................................................................ . ......TRO.0FER ...J.o...R"···FAILES.................................................................................................. .. ,, .SGT..o ... B.IR.CKHEAD ...................... ,.............................................................................................. .. ..................................CH.ARLE.S ...M.o....S.EE, ....Carr ..B.ro.th.ers............................................................................ . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the .... 16.t.h day of ...June. Commonwealth ................ , 19.5.8 , to testify and the truth to say in behalf of the before the Grand Jury, against who stands changed with ar~-il..didea-i~i:-a . ELWWOD..RERR.IN.G ................................................................................. . felony And this you shall not omit under penalty. Witness, CHARLES E. EARMAN, County, at the Court House thereof., at 9 :30 HoJ..i.&4~ea.tQr. And have then and there this Writ. JR., Commonwealth's Attorney Harrisonburg, Vinginia, at the Court House, the . 4t.Ji. ..of .... J:u..ne. of the Commonwealth. for Rockingham . ........... , gp8., County and the City of and in the l.82nd y:ear e~i£~~ ...... Commonweafth's Attorney �m t ::l i i! !j j �i 1 /,2 0 �Docket No. uri . AU&:. ,U: COMMONWEAL TH of VIRGINIA 7 A ,,,_,_~,, .. ,,.11v ~. ,/J/ r VS. Indictment #1 P·) ) ) Felony ELWOOD BERRI NGf fr· /) ly. ~ ?, ~ ( inv. mans.) ) ~ t ~ f; ~~ /4,k~c'.ec 1~6 kec~ ~ 2; ~ ~ /' J --=Dc...c.o~na"-'--1'--d---'D'--.'-----'--'-L"-'-i t_t_en _______ Own ( ) Appointed ( x) p. d. )r~ 1 I. 1& "),,/.7 I Po ~ 11. r CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co,, "- Phila., Pa. �).(,r1 i A-COUNTY COURT Criminal Docket A N<? 26572 Com'th V. - - - -?' Defendant Appearance Date Trial Date - --~ - 6 .....7 - 1-/-.r~ ~- t" �.... � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Elwood Herring Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1958 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_019_001 Herring https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_002_commonwealth-v-elwood-herring.pdf 05e3c828fffce2807d98c96abb64cefb PDF Text Text COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGH , to-wit: In the Circuit Court of Rockingham The Grand Jurors the of the County, Commonwealth of Virginia, body of the County of Rockingham, Court of said on the ously County, dignity upon their 11th day of May, 1958, did kill and slay of the Upon the See and Sgt. now attendin oath present in said one Judith County, that 1958. in and for the Circuit Elwood Herring, unlawfully Ann Odham, against and fe~onithe peace and Commonwealth of Virginia. evidence of Virginia Birckhead, witnesses the Grand Jury August Term, to give evidence. / Schaaf, Trooper Failes, sworn in open court Charles and sent to M. �#~ ( PRESENTEENT COID1ONWEALTH V. ELWOOD HERRING A TRUE BILL Foreman Charles E. Earman, Jr. Commonweal th' s .Attorney ���Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: Charlotte To the Sheriff of UBCounty, Greeting: You are hereby commanded, in the name of the Commonwealth Beverly Kiser; Abilene, to appear before The County __ l_st ___ day of~___ to give evidence in behalf of Virginia to summo1~--------- Va. Court of said County, J_ul_y __ _ sitting at Harrisonburg, 19-2§_, at the hour of___ Virginia, 111 said County, on 2_:_P_M ________ o£~C~om~'~t_h _________________________________ _ Malcolm Ray Morris and Elwood Herring v. Given under my hand this ___ l_l_it_h ___ day of._____ J_u_._n_e _____ <2;~~/ 6-56-5 M-Garrison , 19--2.L ILM ,of that day G2L~ �The County Court _____ Docket No. 26569 A 26571 A Com1 th ( V. ( Witness Subpoena ( Malcolm Ray Morris Elwood Herring July l, 1958; at 2: PM �Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of Ck..:-lotte County, Greeting: You are hereby commanded, in the name of the Commonwealth to appear before The County ___ Court of said County, Jul 1"---·...,_\ ___ day of,__ --------"'-=""y._ ___ , sitting of Virginia to summot _________ at Harrisonburg, Virginia, 2, at the hour of,__ ______________ 19~,~ c i_c Given under my hand this,____ 6-56-SM-Garrison ,T '""'" -_l_t_h _____ day 0 f,_ _____ J_u_n_e _____ _ 19 m said County, on of that day 1 to give evidence in behalf of_.0-'-"•Q,...,.._ t_t"'•;.,..1~---------------------------------- V. _ 56 �The County Court 26569 _____ Docket No.26r'7l ( V. ( Witness Subpoena ( �~it: for the ~ aforesaid, State of Virginia, do certify that ---iU~t.!a;f;;f;~::;::;;::::f!c~~-E!::.~~~~~-:---~.,,- and ATTORNEY•IM•F.O,cT. to the Commonwealth of Virginia Dollars in the sum /;?.S't). ($ of at ---"-__._ __ _, M., at 1-+i....:...~'-'-":....,.::,:....::'---'--"'<-=-..:.....;:c...:: ___ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, ane..QJ::io>reany court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation &oremain _in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; a I &po:: the fu1!!ft:t cetulititm, tkat ~J.P. ;. (") 0 'Ij r, .... s· U) ..; t'%j r, >< r, "'G (") '0 (") !" r, ; ::s !a < s. (") 0 U) C. r, C. .... ~ ::,- 3 8, .... ::,- .... 2: ::s ..... ::n ::s 0 'Ij z == p 0== > ~ ~ 1-3 t"' ..; z tr.I > ::i: .... r ,~ 0 ~ t'%j VI ~- tr.I ..; 0 > z..; s· ., .... o· ::s .,::,.., _... n :,.; ~ ~ t1 OQ 0 > r, (") t:, ~ r, ., ~ Q. '< C. (") 0 ., ... 'Ij s· n, 1-3 Sl. ~ 0 !!!. 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Form 18 l STATE OF VIRGINIA COUNTY OF _____________ r No.,_____ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, --------------------- (Name) of the said County, tha.c________________ _ (Title) _______ did on the _____ day of__________ _ , 19__ in the said County : Unlawfully These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color Address -----------------1 color Address ·--□ color Address ·--------------□ color Address ------------------□ color Address --------------□ as witnesses. Given under my hand and seal, this,____ ~day of________________ (Title of Issuing __, 19_ Officer) (Seal) �S. P. - REV. 82 County or City o-f_____________ /,__ .c.;-~-'--"~-=-~-------------__,__-------'--'---'--('~-----You M__ C122621 DEPARTMENT OF STATEPOLICE 4-4-57 ~__ , --'_-'-"-1'._._,_t _______ ~,t--- fc - Date City are hereby summoned to appear in County Court before: I ~ O•un..c•~-='--'=-~at~_;;i, Reckless Driving D __ ·_r.J ~PM, ___ to answer for violating the motor vehicle laws of Virginia, to wit: Speeding.,.._____ MPH Zone 0 MPH In -a____ Chauffeurs No Operators License D Illega~---------LJ □ Other Summons issued under Title 46-Section 193, Code of Virginia. Failure to comply with this summons constitutes a separate offense. I hereby promise to appear at the time and place specified above Defendant's Signature Trooper All traffic fines for State violations are paid Into the Literary Fund for Educational purposes, /1 / DEFENDANT WEIGH:1 I .i < t/l -i:a.:i z-u...:I ] .,, = >> -i:a.:i IJ.i ,:c;~ Ooz I =O 0 OPER. OR CHAUF. ADDRESS p, tll.,, *.,, ., u Cl) Cl) p, cl i:: .2 ~ ~a I VEHICLE N ~ G IC VEHICLE• 0 ti I HEIGHT I FT. MONTH LICENSE CODE IN. BORNI NO, YEAR -BORN STATE I ..Gia CITY j Cl) JURISDICTION, COUNTY, CITY YEAR - MAKE I LICENSE TYPE NO. YEAR STATE OCCUPATION J NAME OR TOWN OF COURT cl Cl) .. ~~= Ji .. i:a.:I IJ.i ~ .2 .2 .,, ~ 0 ,:c; ..!.. ti 'i.. oz ~g u.... ~ga .. 0 ::: =s u~ E-t HAIR Cl) Cl) t!J ,:c; E-t wuod • ti Cl) 0 OFFENSE DATE u ti Cl) PENALTY PLEA CONVICTED GUILTY □ NOT GUILTY □ DATE OF LICENSE IMPOSED SUSPENDED? Cl) ::1 YES □ D' Cl) 0 b ,!,'l .Q 0 -;:: PERIOD SUSPENDED LICENSE SURRENDERED? SIGNATURE OF JUDGE NO □ OR CLERK ::1 0 t) YES □ NO □ Cl) ~ -= C122621 NAME OF ARRESTING OFFICER TITLE OF COURT This abstract Is filed by the Judge or Clerk of the Court having required by Section 46-414, of the Code of Virginia, as amended. DATE OFFICIAL jurisdiction of this case as �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indicated from Virginia Accident Analysis are: Speed too fast for conditions Did not yield right of way Improper passing Operating wrong side of road-not Following too closely Failed to signal turn or stop Disregarded stop sign overtaking �Comp. Form 18 l STATE OF VIRGINIA ~ OF Harrisonburg To-Wit: No. _____ _ r City TO ANY SHERIFF OR POLICE OFFICER: J .R. Failes Whereas, John G. Leake has this day made complaint and information on oath before me, ------------------- Justice (Name) City o! The Peace of the said Gmn!l:iy,tha._ _____________ (Title) Elwood HeITinc did on the __ l_lt_h __ kill and slay day of ___ oae Judith ______ 19~: M_ay~---------, Ann Odham, against Unlawfully the peace and dignity _ Rockingllam in tlimc!ixdCounty ancl felo:aiously, of the Commo•wealt1l of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Roeld.agham County Court of 1:1:Dca:ild County, the body (!:des) of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color Address □ color Address □ color Address □ color Address □ color Address □ as witnesses. th___ Given under my hand and seal, this_ 2_7_ day of ______ M....,.,...AJ' ________ 1l2U JUSTICEOF~EACt _, (Seal) Officer) �OF VIRGINIA-C~v:tOF .S t)AJ/j,()(Gi~n~an-d ;Jl> ff N b-, l /:;IJ Jr!£ /llf/elcf a J lg f 7 C ; •• Cl wool) N cRR. 11'/t.., Justice of the Peace that 0 "' d~€LWf J:=/J-V~7( 11: +;;,~,Sw.~~j and _ __J_l)_L.:S:,UZ.~J;Z..-f.!.IU_::;:..,_,ob~-~-;;;=~-'i=;~-;:;.-~-,,,,;;,~:....:_.:_ _____ _, as his surei ~ STATE I. _ AUO to the Commonwealth ($ for the~- foresa1·d, State of V1·rg1·n1·a,do cert1·fy 1 12 ,.....0 • 00 Y•llh i_ :.J.C JJ C 0 of Virginia in the sum of ), to ' ~s• r,-,--rr r,-,,:- be made and levied of their respective goods and chattels, ~l be rendered, yet upon this condition: That the said lJC Cd :- themselves indebted D .:D ' - D : 'I:-''.:'~~ --------- land5, and tenements :!:eI":'.'::.'..ng , shall 0~;,_t_h ____ County, on the __ of , have this day each acknowledged Dollars to the use of the Commonwealth appear before the Ci~t County day of __ J_u_n_e ________ to Court _, 19 58 ' 2 P M., at --"--"----------'b..._ H riso~½urg at -------'-' ____ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that ___________ ("') ::1~ 0 ;~ .... "' "' ~ ~ I-'~ '-0 \.Tl OJ . § p.. c+ ::r f-'• en 'u .... 0 ~ en C: ~ s ._ ~ 3 ~ ("') 0 ~ " e:. ;. aq ~ " to > .... ~ ::, ::,. g "' .,"' e:. "' Cl) ::, ~ .,0 ::, n, '< 3 0 ::s 5· ""'"' ""' ""'"' ::, (") "%1 n, ,.. ., ("') ;,;- ~ ;.- "' aq >.,., n, p.. ~ E " " "' _1 :2 ., "' ., "' ~ I! (0 ____ n, >4 ~ 0 "' 3 5· e:. 5· ::, (") ~ :;,;I :;,;I (") ► 0 ; .., >-l ;. ;::h ~ "' ::,. 8, :,- .., "' aq _n, ::i:: ..... L I ~ -........ ::, ::,. '< ,:: .., 'O ::, --Q.. "' '< 0 ...., "e:. '< :::; .., < ~- aq 5· 0 aq "' ""' .., 5· 'O 'O - r::r _;· F" e "' "0..., 8, n, Q.. ;. n, " >-l :,n, ... g_ r .., en en go C: .., 0 g p ::s ~ ;. ,,, ;:;: ("') 0 t- ~ 6 ~ \0 0 6 z p ::, (") e,.. _, t1' >-3 ~ ~ t1' ls"~ > O"Q tI'J t"' U1 (1) 0 0 8. z>-l a: fO 0za: 0.. ::, ::,. t:, ~ t:x.l> n, (") ~'U i-' 'i p_, 0 o' I-+., ll,> 0 o' 'i i-' H;, >-l ..., i:: • "<! t:l 0 ~ (I) ~~Pl ~ to '1 < !" 8, ::i Cl) () ;. p.. ::r ...... (0 (1) c..., (0 ::i ~ 'i c+ §. (JQ (0 3 3 0 (0 CD I-+., I-+., 'i ll,> f-'• I-'• 0 c+ p_, p_, p' ::ro (I) ll,> {/) en c... p (0 ...,, ::i c+ o' o' ::r (I) "<! 1-'·I-'• Cl) ::, (JQ c+ Pl ("') 0 n, 0 i-' ~ ~ 5· (I) ~ ::r ~~ .., ::i p.. 'i \ >-l g_ ~ I-'• C/l I-'• ~~ .. ::i \ "%1 ll,> 0 C...,Q ays t \ t 6 .... \0 l 0 5· ~ l)Q §. s ""' "' " "' i:: .., ~n,.., .... n, 0 .... n.., (") ("') 0 0 OQ ... ;:.· C: ::s '.:< n, ::, n. �Docket No. JJ£1 . COMMONWEAL TH of VIRGINIA . VS. I ndictment #2 - ELWO OJ HERITT NG )) Felony ( inv. mans.) ~ ) r l1' \ t ( D~o_n=a~l~d~D~•~L=i~t~te=n~-------P· Own ( ) Appointed (x ) d. CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co,, Phila., Pa. �COUNTY COURT Criminal Docket A NC? 26571 Com'th V. ;:o Defendant w· -r.J.st': Appearance rll Date C - 't - ~-~ t-._ Trial Date ") _ / - J- rf' �y 'fJ. I 'W.J J. / ¼J.-2, 1-~(,~ \ ' .... ~ ~R 1, {!_~ ,, ~4~-7~ ~J:u ; ~ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Elwood Herring Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1958 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_019_002 Herring https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_013_018_commonwealth-v-elmer-kyger-lester-shifflett-melvin-herring-and-joe-shultz.pdf 5511ab86eb3c521fdf0292283afece76 PDF Text Text C01.Il.W§.'t'.I;ALTR OF VIRGINIA., COln.ITYOF ROCKIUGI-I.AH, to-wit: In the Circuit Court of said The grand county County: jurors in and for of Rockingham and now attending October term, about October ',7illie Kyger, 1,awfully upon their 1929, 6, 1929, 1:el vin attempt in ~Le county ~'111i~~,l,,l,,,!lll!!te. to escape from the Rockingham oaths said at its that aforesaid, El~ Lester Virginia, Court do present by sawing bars County, the body of said jail, Shifflett, on or Kygel'.k 6 dif:n- out of treir t:te said cell Slm~,; f'-7ger, a"!Ai....~~ ;;illie Kyger, :t.'.elvin Hensley, fully detained as convicted 1 :peace and dignity -8M'€lLester prisoners Court and sent in said jail, b~ing l~- against the of the Commonwealth of Virginia. This indictment C. R. _ awley, Shifflett.,,._ Fran..z Long, before V is found on the testimony and ;Jade Fulk, tLe srand. jur~ ui tnesses of sworn in to e:;ive evicLence. �Jail breaking - Com V (it,v 'tC r...-, I Elmer Kygertf, Eillie ?.;1ger • H-e-n~i&~, Lester Shifflett 1.Iisde.meanor October term, 1929 True Bill: Foreman D. 1-7. Earman Commonwealth's Attorney .,., �[r '- --L • COMMON,I.EALTH vs. ) Misdemeanor ,1 ELMER KYGER VilLLIE KYGER , , LESTER SHIFFIBTT MELVIN HDRING JOE SHULTZ ·• t ? /) I ,, (Jail {ing ) I ' 11 11 - / v break-) ) �~ I'/ /t If (1 ,, 1r" /"(--- /-? .tJ (j 0 0 • I 3, f_.6a ,o:Z.~ �con:Oiif .'EAl~H V .!ILII ~ KYG2":?., et Mtz.-V(N ga:a19 1 LesrrR .rff ,rnerr als. Hr-rr RIll/!. Charge to the If yo-1 find. the defend.ants, and I.ester Shifflett, .Jury ..illie Kyger, Eelvin Fensley, or either of them, not ~ilty, you will say t:£m guilty, or either of them, as charred in :punishment at so and. no more. If you find the indictment, confine □ ent a fi~e tLen ,·ou 1,Jill say so [,nd fix in jail not exceed.ins for a ~eriot one hundred not exceeding dollars. their six months or by �Com V \'!il lie Kyc;er, '}'\'\.,i.:,.t'v-, Ji • et ~ to the ✓ ·r; als �Arrest Warrant Commonwealth of Virginia, Rockingham ~tftJl:y; ,,Y>'=i-~~'.'.'.'._~~=---..c-~~:___~~::::..__--=::::::::::: said County: the said County, has this day made a Justice of the '-l..::::>--'E--::.,,.__~----""'---------- 'CZ-.-,,,::._...JC.....-=----"c:.........:=---+-,L.--=.-L-.LC_..L.....,~--=-""'~~.::::;i:.";;~- complai said Cou ,~mtable..Q! __ 1 These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before, me or some other Justice of the said County, the body of the said to answer the said C'omplaintand to be further dealt with according to law. And you are required to summon ---to appear and give evidence in behalf of the Commonwealth, on the examination touching the said offence. • Given under my hand and seal this~ da ~ )_ '~ , in the year 1~. '-"- ~P- [Seal] �Commonwealth Commonwealth vs. the Defendant and costs as follows: found guilty fined ····3···iF-z) Fee ······7··J···· .... 4.... ~---- Arrest Summoni~ Executed the within warrant ing and delivering the body of 7,. ~/J~ ···~··················••(f••=·•':. Total before Attendence a~ • · Mileage by arrest- /2ic-_/ s-1) \Vitnesses Warrant .... .............................................. . J'--(/-f) I•••••••••••••••••••• o-ir0 I -z-o, Fee Justice's and ~ Fine Clerk's Arrest ZM1u/1l~ ..... Judgment That } o{.?.t?.~ Rockingham .................. ~ ... . ....... County, and by sum- �Arrest Warrant Commonwealt Rockingham ✓- ,)l;l~~hJ-..,.J=.~-L.~~~~~~'!_-:_~~?....~-:::;;2_ __ , a-Eonstabl-e-ofsaid County: f the said County, has this day made ~ a Justice of the complain said Cou These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before, me or some other Justice of the said County, the body of the said to answer the said complaint and to be further dealt with according to law. And you are required to summon ---to appear and give evidence in behalf of the Commonwealth, on the examination touching the said offence. Given under my hand and seal this Qz} ~~==;1'Lµ~--' in the year 19,---~ �Commonwealth Commonwealth vs. ~f •••••••••••••• ••H•••••••••••••••••••••••••••••••••••••••••••• . vs. the Defendant and costs found guilty and Arrest ~ Judgment That } Warrant .... fined as follows: Fine Clerk's Fee Justice's ~ Fee ········rz:s·l) ....... .j..,&o Arrest Summoning Witnes .....~.7.6 \Vitness Attendence and Mileage ~ ~ ···~ Executed the within warrant ing and delivering the body of by arrest- ~ be.cfi:J a justice moning ......................................................... . of Rockingham County, and b the within Total ~ tll..day ....... , ................. 192 ... J. ···•·················¼·········~ --~-L- ··············-·······•·······················--······················-··· Justice of the Peace. ~••t~111 •· .oa..1 County �Arrest Warrant Commonwealth of Virginia, Rockingham ou ty: ~ Constable-of said County: w~~~~~~~~::::2~-.£,~~~~---' ~____,£_~--='---=-=C-L.------"-----'-----.;-..,,,.----,,=----,,z..- complaint said Cou of the said County, has this day made ~_L_~L_~~:==::=----=----=c::==~~==--a Justice of the These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before, me or some other Justice of the said County, the body of the said to answer the said c·omplaint and to be further dealt with according to law. And you are required to summon____ -----------------------------~ to appear and give evidence in behalf of the Commonwealth, on the examination touching the said offence. Givenunder my hand and seal this 7z;J ' , in the year 1~ / --~=:::::'.!:::'.:...,.__~~..:=::::::::____::___---=--..:=:=--::::::~----~~,_J_ P. [Seal] �Commonwealth That the Defendant and costs found guilty ./ () / ~ ·•············ I '2--o - Fee Justice's fined as follows: Fine Clerk's and Executed the within warrant ing and delivering the body of by arrest- -3 .................... a-D Fee /J Arrest - - 2- ~'-··· ~.:!}-·{/J-5···· Witness and Milea~ W~dence Total - ~ 1vvf Summoning - J7F7) .., rW{fbG- ~~ ........ a justice moning of Rockingham the within thin.?. ....day of the Peace. in person .........192"j?... •• ~••••••~.~ 4)unstabte Justice and by sum- ~ oL ..---.................... . •••••••~•L County, named witnesses of Rockingham 24f!rounty �Arrest Warrant Commonwealth of Virginia, Rockingham Coun , ~~£~~~T~~~=~~~~~~~-' a Constable of said County: r:..__i._,c_=--..,.~~'r/--''--"'----=----=--7'.:::---=-if<------.~~;.c complai said Cou ,..__:""'-7':~-P'-7'~,c____ the said County, has this day made ____ c___z__---=---a Justice of the These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before, me or some other Justice of the said County, the body of the said to answer the said complaint and to be further dealt with according to law. And you are required to summon---- �Commonwealth Commonwealth vs. Judgment That th e D efendant and costs as follows: found guilty and ~ fined J-irv 1..0. .... ~. Fine Clerk's I 1-<J- Fee Justice's ~ . Executed mg and del' ~"'"' the · within warrant the b dy of by arrest- ·····rcr··-o Fee Arrest ··--;-··~••7-V Summoning ~1ness Witnesses Total w·t Attendence •·~·7··G··~ and Mileage.~~ -~··· befor a justice of Rock· - mg h am County moning the with· ' and by summ named witnesses m • person ,.,.?ti..,.,·~ ........ ,................. 19!_~ ........... ~~ ,ch~ Constable J J~stice • ~, the p eace. ~········· of R . •••••••••••••••••••• ockmgham County �In the CircuitCourtof Rockingham County, ... Term r90 .......this day presented in Court an account against the Court of Rockingham for tlze sum of$ ...., for Service which being sworn to, was examined and approved by tl1e Court, and ordered to be certified to tlze Treasurer of this county for payment. ..........Clerk. Fonn 192-llerlin. �� 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 Elmer Kyger, Lester Shifflett, Melvin Herring, and Joe Shultz Subject The topic of the resource Jailbreaking Misdemeanor Description An account of the resource Defendants charged with jailbreaking 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 1940 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_018 Herring Kyger Shifflett Shultz https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_007_commonwealth-v-elmer-d-carr-jr-.pdf fe7e3db802aabd45a846022abc6110e1 PDF Text Text G. H. Parent Co. Ashland, Vo. F N orm o. 777 Commonwealth of Virginia, to-wit: Q9-unt:y_________________ o f_,_.,;:..;;Ro c kingham ________________, Circuit In the sad Court of October county County The grand jurors of the Commonwealth of Virginia, in and for the body of the , now attending the Rockingham Circuit within twelve months prior to the finding of this indictment, August sai<;l did , feloniously female child under sixteen years, make an assault, of age, county JR • day of :f11'ty-four in and upon the body of Virginia years to-wit, and in fhe Hollar, and her the said Virginia Hollar, did attempt against the peace and dignity of the Commonwealth of Virginia. and Marcella Virginia Hollar, a of the age of eight know, Upon the evidence of of or about to-wit, onfthe 7th , in the year one thousand nine hundred and county, carnally Court of the said E•u·MER D • CARR, upon their oath present that Term, 1~4 Deputy Sherif'f Hollar, witnesses sworn in open Court and sent to the grand jury to give evidence. W8 rren Spitzer, to �7/ ]tJ INDICTMENTFOR A FELONY { l AL'TH -2~~. George D. Conrad Commonwealth's Attorney D ,~I.!---/-'3-l----------F;~eman. A TRUE BILL ELMER __D.._ __QAHR,_ __.IR...-------------· vs. COMMO]xWE 1/tjl .l t. I �Virginia. My name is Elmer D. Carr, I am 29 years of age. Jr. My address is Bergton, I have been told that I need not make this statement unless I des re to do so; that everything I say must be of my own free will, and that anything I say can be and will be used against me in a criminal prosecution. I have also been told that I am entitled to counsel. Nevertheless, I do make the following voluntary statement this 1st day of September, 1954 in the office of the Commonwealth's Attorney, Court House, Harrisonburg, Virginia, in the presence of Deputy Sheriff Warren Spitzer. I have known Marcella Hollar since around 1950 or 1951. Charlie Sites took me to her house where they were living then. It was back of Timberville close to Campbells store. Both of us had intercourse with her that day up in an orchard. I have been having intercourse with her ever since, off and on, on the average of once a month. She has been living at present address for around a year. We have had intercourse since she has lived there about 12 or 14 times. I would always pull up to the gate and blow the horn and she would come out and bring the children. Children would~ usually stay in car and we would go out somewhere .!ll.'X;wewould usually go to one place on up the creek from the bridge down under the bank. I have given children candy and chewing gum from time to time. Do/ not know names of any of them I would usually go there around 1:00 o'clock p.m. Never went there at night. last Around first of :.k:kixmonth--I know it was on a Saturday I went up there as always in my car, a 1950 Ford. I parked at the gate and blew the horn. The kids came out. I said where is your mother? They said in the house. I said well I will go up and park and tell her to come up along the creek. They said all right.. I went p an parke • 0 It.&"~ ..;..-~-.-........... ~~··-·....... ·_JAJ;m near went in to tell Marcella, ..."".t.l know that little girl was one '"t«cdl~~. bridge. I went on down to the fence. Kids came on out there then • . them where their mother was and they said she is in there. I stood there awhile tal~iB§G:.and then Marcella came out. When she came out I was sitting .!lDl ~ne fence. by the bank. The little girl was sitting by the fence near some honeysuckles. Marcella asked me what I was doing. I said I was waiting there for her. She said 11Have you been fooling with that girl? 11 I said, "No, indeed, I have not touched her in any shape or form." That is exactly what I said. We talked some more and she said she wasn 1 t going with me and that she didn 1 t like for me to be out there with the kids by the.mselves. I said 11Pll right if you don 1 t want to go, why then I will go home." I got in my car and went on home. ~ ~/YI/JI CA/ u, E /9 t 7'/-/ c )C /7' ( /} ', ?EUwiJ: {7ll1Ut ])El'.1..2, JH~>-,-$) /'f.;,-.tf,, Ii, y· I fr, ��The last time I was out there was Monday of this week; I went out there and parked at the gate and got out of the car and s~w the boys and asked them if ~~rcella was there. They said she was and I told them to tell her to come out here. She came out on the porch and I asked her if she was going along and she said no. That is all that was said and I got in the car and left. correct I have read the above statement to the best of my knowledge. and it is true and I The following is an additional made by me on the 1st day of September, as referred to mn page 1. voluntary statement 1954 in the same office The first time I met Marcella I told her my name was Carl Elkins and that I lived at New Market, Virginia. I told the kids the same thing the last time I was there on :Monday of this week when one of them asked me. dd1Ud ��The following by me this 1st Commonwealth's This statement pages made by is a supplemental statement, made voluntarily day of September, 1954 in the office of the Attorney, Courthouse, Harrisonburg, Virginia. supplements an earlier statement written on two me on this date. About that time that Marcella accused me of messing with the girl I remember th t I did give the little girl some chewing gum that day 0 ang_tb t I hadhbeentnrinking--but I just drank a beer or twoJ r~ as muc as nree. I got the beer at Benny Carr•s. I on 1 t remember w eJ:>-eI got the chewing gumo T gave all o the kids gum down there at the fence while I was waiting for Marcella to come out. I gave them a stick apiece. Now that I think about it I am not absolutely when Marcellax accused me of messing with the girl that say "That's a goddamm lie. I have read the correct. above statement and it is true sure that I didn't and �'• �Commonwealth v. Carr INSTRUCTION The words Court, have been defined comparison leaves doubt" as that state and consideration and the defense, cannot "reasonable the minds that the defendant i as used in the instructions of mind which, of all the evidence, is guilty I /J,,--vr:f-Jj AAJI 2-,~. after faith and belief of the charge. of this a full both of the Commonwealth of the jury in that condition say that they feel an abiding the case, NO. that they from the evidence in �V ,, (• ' �Commonwealth v. Carr INSTRUCTION The Court of witnesses right testify to consider more worthy directly of the trial, appearing of credit, the jury that where opposite the relationship if any, in the result ing circumstances instructs NO. each other, a number the jury has a of the witnesses, their and from all the other on the trial, and to give credit interest, surround- which witnesses accordingly. are �r·'. �Commonwealth v. Carr INSTRUCTIONN6. The Court instructs commit an offense, of the offense, and is not sufficient unless you believe of the accused be found guilty . , the jury unaccompanied the consummation 7 that mere preparation by any act manifestly beyond a reas·onable amounteed doubt that and, rape. that toward act therefore the act or acts to more than mere preparation of attempted designed does not amount to an overt to consummate an attempt; to he cannot ��Commonwealth v. Elmer D_. Carr, Jr. CHARGETO JURY If you find of attempted rape say so and fix discretion for the accused, as charged his less assault in the punishment exceeding hundred twelve dollars, If you find more. three him guilty then by confinement months, indictment, at death indictment, and battery, Jr., in jail life rape him guilty say so and fix for such fine him not guilty, for of attempted or by a fine or by both you will years. but find you will guilty or in your in the penitentiary than If you do not find as charged in the punishment by confinement any term not Elmer D. Carr, a period of his not not exceeding five and imprisonment. you will say so and no er ��Commonwealth v. Jr. Elmer D. Carr, INSTRUCTION The Court of witnesses and the instructs is a question jury have the right appearance of the witnesses of testifying, testimony, their apparent their of the witness witnesses relative credit and from all appearing on the weight the jury; from the their manner and consistency candor of intelligence, in the result other if any, of the trial, surrounding determine of credit of and fairness, to the parties, of any such testimony, accordingly. for stand, or lack on the trial, are more worthy the credibility to determine of the witness any appear, stances that exclusively apparent intelligence the relationship the interest jury the reasonableness their if the circum- which and what is the and to give �:.., J. : •(JJ .. ..., I ~ J r .! ..t r J ' J1 , IJ < r f , �Commonwealth v. Elmer D. Carr, Jr. INSTRUCTION2 In considering burden of proving doubt, the Court whether the guilt imaginable or possible man must be proved or possible the presented jury trial beyond every overlook doubt is a to be confused with say that imaginable, a conceivable, consideration case, to create inferences jury from lack should the natural fact The jury and cannot nor can you go beyond of guilt. bear in mind that any such from conflicting of any particular essential and not a mere doubt nonessential doubt, of the to the evidence including of evidence, proof of a material its of the proof to be drawn therefrom. the or from questionable accused sufficienty of this to find arising fact, to the proof concerning testimony, should be a of the guilt immaterial of and circumstances. after a reasonable of the evidence, to prevent and honest your minds are you from reaching the accused, If, for not A reasonable the law does not must limit Furthermore, If, meaning. doubt, such evidence such evidence the ·you should and is not guilty inferences go beyond doubt that on reason, upon the at the reasonable doubt jury beyond reasonable doubt. In passing charge, the nor its which is founded the Commonwealth has met its of the accused instructs the word "reasonable" doubt or not then in such a state a convinced belief the commonwealth has failed on the other consideration left consideration of all hand, the conviction of the truth beyond all reasonable after evidence of doubt of the guilt to meet its as of burden. an impartial and reasonable in the case, you have an abiding of the charge, doubt. of all you are then satisfied �r �Commonwealth v. Carr INSTRUCTION The Court to be innocent there suspicion the evidence conviction it their of his guilt, nor is it sufficient supports guilty beyond a reasonable of the jury any reasonable the law makes o:f'probability to convict, the jury that the law presumes until he is proven is upon the minds the accused, theory instructs however, the charge with the evidence strong, doubt, and if and that mere is not sufficient weight or preponderance in the indictment, so clearly the accused doubt of the guilt of duty to acquit him, if the greater his guilt must be proved consistent NO. but to warrant that there of his is no reasonable upon which he can be innocent. ��Commonwealth v. Elmer D. Carr, Jr. INSTRUCTION1 The Court instructs this case and the guilty the and depending instructions of either jury that under the upon your conclusions of the Court, attempted under the accused statutory rape, indictment in the evidence may be fiound or assault and battery, or not guilty. The Court further instructs the statutory rape is committed relations with a female under her consent, and whether or without accomplishing such act; able act that towards carrying you may further rape believe such offense Jr. as charged of rape The Court further of age, the in question, it need not then to beyond a reasoninter- some overt you should find in the indictment him even though abandoned his purpose was completed. the as to demonstrate jury that such an overt act it must be an act of an intention towards be the last in may consent he committed he voluntarily instructs and directed with to have sexual must amount to more than mere preparation; such a nature whether is used child evidence purpose, of male has sexual intended and that that the crime or not force from the out that that years and even though Hollar of attempted before sixteen Elmer D. Carr, with Virginia guilty when an adult and if you believe doubt course the act, jury to commit the offense accomplishing proximate act towards that purpose, but the consummation of if you believe from the offense. The Court the evidence of Virginia Hollar, clothing, intent to have rape exposed his or put his sexual amounted such intercourse, attempted instructs the beyond a reasonable of her conduct further doubt penis, intercourse act you should as charged that that with on his find the accused and attempted hand or fingers to an overt then jury said part to remove some on her privates, child, with and that directed the accused in the indictment. took hold such towards guilty of having �,t �-2- The Court further guilty of attempted intercourse physical capable acts assault Jr. part with instructs as charged of would be impossible that the jury that doubt for the parties and battery Hollar, but that you should in the if you believe that amount to an attempt then act may be act. assault of Virginia child, a person law does not require committed said that the completed involved the intended did not and battery jury beyond a reasonable or handling on his relations further evidence Elmer D. Carr, touching as the the even though the parties of completing The Court from the rape between reasons, instructs the accused, by unlawful such act or to have sexual find indictment. him guilty of be ��1 2 December 23, 1954 3 COMMONWEALTH 4 v. 5 ELMERD. CARR, JR. 6 7 8 THE COURT : A1 1 r i g h t , gen t l e men, t he Cou r t i s ready 9 10 to resume with the trial 11 Jr. of the case of Elmer D. Carr, On motion of the accused, 12 a view of the scene of this 13 incident has been directed 14 thejury, in company with several 15 Judge and the accused the alleged will crime just 17 to view the area, 18 purpose 19 appreciate 20 trial 21 premises, 22 return 23 the case. of enabling case. and the presiding go henceforth to better the jury and the court attendants 24 What officers are going to go? 25 SHERIFF STRAWDERMAN: Those three. OVERTON LEE REPORTER HARRISONBURG, VIRGINIA for the and more clearly heard on the of the view of the for the resumption COURT merely you have already On the conclusion C an opportunity territory, you possibly that to the scene of the jurors the surrounding to the courtroom That means that officers to afford the evidence of this by the Court. will immediately of the trial of �1 .v G 8 I .1L 2 i rl 1 l o c n e :>c e ri i to j 6 d J Z n 6 om j 6 rl f .j o ene::,.: erlt erl.t ,ol xrs,sm ,r,sef:> srlt ,,.f9J lo ibsm, i lo isi~t fr i 9 ~x10:ti,,ef jsd rl xbss,rs wsiv 1 UOJ 6 , ri J o:t rit·,ols:.rnsrl ,om bns, erli no b1 v iv 9rlf lo b 9 2 u ::>.:>s s rt t l o n o i J om n 0 d b 9 .t:J n €•b i ::rni I op Ir iw bsz11:>::> ~➔ rlj bns SlJbuL 1 '{ 1 i O n9 9 d 2 b nib uo11ue erlt ,es,s t r i g ?. noizul::>no:> ~.tn bnsf ts erlt lo noitamu2e1 erlf t,uo:> srl:t ,ol n siv ~rl i i svsrl uox f rlt s~1sbivs J 0 srli . sz :> c! i rl J ot ,0 Jsi~s,q s el 1 . I s i ••t 0 rU b, mon,t,uo:> erlt oJ 1uJa, ois:> 1 srlt J c �2 1 2 THE COURT: Mr. Spitzer, are going to take the jury 3 4 hold up your right and Mr. Haney to view the premises. Let me swear the three 5 - Mr. Raynes, of you. Stand, please, and hands. Do you, and each of you, solemnly 6 sworn officially 7 you will 8 twelve members of this 9 them safely designated well and truly officers swea~ as three of this court, keep in your custody, jury, and that that together, the you wi 11 transport to the scene of the alleged crime out of which 10 the case 11 them to engage 12 you permit 13 and, 14 by crossing 15 po i n t des i g na t e d o n. t he s ke t c h o r d raw i ng, here to f o re f i 1e d 16 as evidence 17 18 in trial has arisen; in no communication any others further, and that that to engage case, will 20 THE COURT: 21 The Court would further think with them; merely designate stationary at the at the point MR. CONRAD: Do you want the plat It might be well. nor will in communication the fence and standing 19 permit with others, you, Mr. Spitzer, by you in this , with the formee cross. you will designated to go with them? it might be well. direct 22 take this plat 23 indicated by the formee cross 24 then be afforded 25 the surrounding you, Mr. Spitzer, with you, and, as you stand COURT LEE REPORTER HARRISONBURG, will to compare the map with area on the ground; C. OVERTON at the point on the map, the jurors an opportunity to VIRGINIA that no evidence will �~:~ .,M I • C. bns z n'<s5l • ~IM .,e bns "";ms1q \bns:t2 .9B6efq ot siv 9:ij 10 • UO'{ rl :t '<1UL ·1 fl f .) irlg i, .ebnsrl s,s o:t gniog ' ,j ,uox 1 s e .t9_J I 1SEH''Z Jtit 7 : nrno:J3HT .,M Jiq2 qu bf fl (, i,uo~ :t rlJ tim, q lfi rif iw :-iods::iin 1w ·1oi'l .21erlto Uiw ;_rnerlf I , efsngic>.sb n iJ.6Ji,;ummo:i xis, ni f i~ m .1es:tiq2 a~t !s x1snoiJsJa be r i 1 oJ z·,srl:to •• .,M \(ns t rt .uo ni ~ erlt ~2s::i J im,f,Q \,sit,u·t iaob er J J frioq eirlt lse6:J ni u UO'( vd , o 1 o e, s d . P,n i ,s 1 b , o rb t s >lz , rH .no b o t on g i 2 e b t n i o q etsn OI tbns bns a~ sl erlf gniazo1J gnibnetz rl:t _sgne of m rl:f •m,.o·) on ni 9Q.Gl!I 8 9 •t 10 z rl fsiif bn:- tns2iv~ a niowz lo sne3e srlJ of xfsl sriJ Lsrl· 10· i rl u l lo Juo smi,~ bsgerr rl~irlw icnb '<rfsi~illo bcfsn + . j LI j" rr lo z,eJillo 2irlt I uo A' vl 116 V LIO .f fsw e frlgim ti O" o:t ., fr·ior ::.Jiq2 .1M srlJ :t l t::-rn,ib JO{ nsJz -UO'( zs bfuo· :t111l ·i+ ,bns tUO'{ .t,uo:) rl:t iw jsfq o.flT airlj J rltiw rf iw qsrr srU J- ,tinuf1ocqo wIsqmo:) ~,:rneb· ,e on Jsrli g "'rlt ;bnuo IV ,i.l no JVO vlQT" A vi n.B U 1-'0 I fl ! 5915 bsb1ClYle s ·st ::>i bn i sd nodJ gnib11uo,·H12 sdt e �3 1 be heard, 2 officers 3 memb€rs of thejury 4 pertaining 5 be to transport the jury to the scene of the crime, 6 for Mr. Spitzer to point out the point 7 by the legend or symbol of the formee cross. that no communication wi 11 be had between the and the members of the jury, and the officers, to the case in trial. 8 Does that 9 MR. WHARTON:Yes, sir. sufficiently or between the respecting matters Your only function cover it? THE COURT: May I ask where the transportation 11 SHERIFF STRAWDERMAN:It is right THE COURT: How many automobiles? 14 SHERIFF STRAWDERMAN: Three. 15 THE COURT: Do you have another out on North Court car available to take Carr? 17 SHERIFF STRAWDERMAN: Yes, sir. 18 THE COURT: Just 19 follow 20 view and then return 21 cars with the others take the accused by himself and have him right him to the court. there and for the Where do you say th are? 22 SHERIFF STRAWDERMAN: North Court Square. 23 THE COURT: Gentlemen, 24 is? Square. 13 16 and marked on the map 10 12 will the jury your hands to keep together until 25 C. OVERTON COURT LEE REPORTER HARRISONBURG, VIRGINIA is turned their return. over in �srlJ n~swJsd bsrl ad/ nssdsd -d r-~--n~ds:iin.1mmo:i on Js~ :-7 .-b,s~rl ,x,uL •rl/ lo •1.dmsm srlJ bnB 2,aail~: ,a ! I e1sfj5m gnifjsq2s1 noijJnul rriw 21sJillo '{rno ,uoY arlf bns '{,uLsrlf lo ~,.dm9m l e ni e2s~ srlJ oj gninisJ1sq .rsi1t a no b!;),,l1sm jnioq q.sm {;.rlj s., oi Jnioq iuo .,;A 1esiiq2 e9m1ol srli lo lodm'{2 10 bnsger .zeo,:i 101 a srlJ '{d 8 e .ei noiJsj1oq~ns1 J,uoJ srlf s19rl no tuo rlJ10M Jrlgi, ai ~26 I ~6M :T~UOJ ~HT 11 11 . ::nsup2 ~iel {; ~ 8 .t Oj 9 f d i5 [ j 6 1S idomofus .. S ::> 1 fHit On 5 I '(ilt>ITT G V .6 fl U O '( woH 0 n :l~UO'.) ::lHT : T $1 0 J HIT I er 8I r {-)1if rlf ,or r.nsrli <s ~ u a '< a b e 1 9 rl •1 .rnsllp2 .n,uJe, mirl jrlgi, sv.srl . J , 1 o :, s rl j oj rU1ovi f1llOJ ,iorlJ bns a,snio f i:nu ;n i Al~lvfllV N war fol ri n , u t o , n a rl J b n s w s i v 79rlfsgot v10~s:13VO fl31"rlOC!3'1 rit i :vll\11i51JOWMlT2111r'JH2 L------33.J srO '.:) TfllJQ:'.' ,Dflu8v10<lll'lf!AH qee~ of abnsrl ,uo'{ er OS �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby command~d to summon __ •______ ~?.,-~~-~-P-.~··-~-~J1.~~1....~!-~~-~.Y.-'~---:-----···-··- Hollar, ..Davi_d_.Hollar, .and __De_puty ..Sheri:t'f _.w.A •...Spitzer·····-···-·····••· to appear before ~;udge of the Circuit Court of Rockingham County, at the Court -~~ . 19...5 House thereof, at • o'clock, a. m., on the .._?.4..-...day oL ...__ :p~-~-~~1:?-~;r;-.-······-··-·• J+ to testify and the truth to say in behalf of the Commonwealth against ·--·····--·---··-···--·-······ . ···--··-···-·-·· ···-····-·····-···-·-·····--·-EL:MER _.D •... CARR,_···JR•········-···•·••-·-···-··-····-·-·--······---····----····· 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, t the Court House, the -·-14-·--··day of ___.De..c.e.mhe.r_..____ ·-···• 19_..5.4,an in the .... 9 lf the Commonwealth. TH& SBJ.l'ICE PUSS, HAI. .. JSON ■ UI.G, YA. �Commonwealth v) Witness Elmer §ubpoena D. Carr, To Dec. at EXECUTEl).~;0¥-·······-'N Jr. 22, 9:00 1954 a.m. THE COUNTYOF ~INOHAM BY DELIVERINGA TRUECOPY OF THE WITH~,......., ~~ ,4-u;.c~ '«-.$-Jt:,.,,_.,,,.. ...-..c_ ··- ......... $..1::LA¼-...................................... . ........:.:.~~.~.e:L~ ................................. . d-.t'✓ .. • ..........IN PERSON. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: (~.~.r..e..~<?.!:l:., ....'.{Jr. .e..i.!:l:t~) .................................................................. .. ................... .P..a...Y.i..d. ... P.<?..Y.~ '-· to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on th/;,.'ld .. day of. .....D.e.G.~P'.ll>.~.+.., say in behalf of the Defendant .....19 ...54to testify and the truth to in the prosecution of the Commonwealth against...................................... .. .............................................. Elme.r....D.,....C.ar.r.............. 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 ......l.S.t.h ...... day of ...P..~G.E;:!m..P..E;:!f., ..... 19..5.4,and in tbJ. 7 th e Commo wealt �v. ,,. ,,. ----···· INPERSON. C l'nllllTV CQPY OF THE WITHINS TO hi1r/.es .S • • V· u ;'l' RUE \i ... 1 -,,~\) ...... , u_ing a member of urport thereof -~-,; ~ cP'0~ ,,,_:,~· ~;;. );;},\,\-cf)'.--'~ ~ ._, ,*v"' \r-h6r ,, ·l ' £, \'.:t-" {d_~-.-. \.. ~~~ .\? o\'. \\~\iC"-1---' C,y \:--· ,.,,. ·G1 r - ~~S.R.C. bq...h1,_o_"l'.1- ROCKINGHAMBY DELIVERING t 'j_, f ~- ~~ 'f ;_ECU'.I.' tr_; . IN THE COUNTY Or to her, usual place of abo~-~~ his familY above the age of true COPY of L_... rplaceol abode, Exe ___ Not lindi~ <><(rl .at his usual �Comp Form 650-2M B Books-11-50 RECEIPT 1/ Connty of Jt; ..../jj Received of_..,__//1/~~h~) C. ...... - ~ FOR FEES n £~, , L 80873 COLLECTED Virginia /~ ____,,')'----'-""-)_£~1:.~· f'>-->---"~------ I ---,; ~ --~----4-~L==<---'-=&--Z=~-=-=-"-------For ____,:J__"'---· /) .,~;:P; ::+-e or Process oO/ //c O c_____ 19.5j"_ $ ,.2(() -------..... On_________ DOLLARS 19__ Dace of Service In matter of---'~~=,__---"- .-='G..;-·..--,,.,c,Ldt---6,-G'-1--------- Deputy-Sh~riff-S ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: "Jimmy" Hollar You are hereby commanded to summon •...................................................................................... . f to appear before th'o 16'tfe of the Circuit Court of Rockingham County, at the Court House thereof, at 1(J(ooo'clock, a. m., on the ....22 .....day of.. . .Ie.c.emb.e:r-.............., 1954, to testify and the truth to say in behalf of the Commonwealth against .............................. . ................................................... ELMER...D,....CARR,....JR. ......................................................... . who stands charged with and indicted for a felony JU~. And this you shall not omit under penalty. And have then and there this Writ. Witness, J.~)Mff~~~t, J.5........day of ......D.ec.e.mhe.r ........... , 19.54-., an TH& SE1'YJCE PllEJS, HAI.I.JSONBU&G, 1'.A.. at the Court House, the el. �Commonwealth v .') •.1:aqOJ Witness ~r s!<t.Elmer Subpoena D. Carr, Jr. 22, 1954 at 9:00 a.m. To Dec. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ______ Y.~!'.g!~J-~---~-~-P--~!'.___________________________________ _ to appear before tht; /B?foe of the Circuit Court of Rockingham County, at the Court House thereof, at ~'clock, a. m., on the ____ g!?______ day of.. _____ ;Q~s;:-~_m:b_~_:r ____________ , 19__ 5_JJ. to testify and the truth to say in behalf of the Commonwealth against -----------------------------_ CARR.__ .JR._______________________________________ _ ________________ . _______________________________________ ELMER __ D. ___ who stands charged with and indicted for a felony JJtB!mfl~r. And this you shall not omit under penalty. And have then and there this Writ. Witness, ~~~ t, at the Court House, the -~-~---------day of ____ ;Q~_C_~_1,.11b~_:r ____________ , 1954--, a ·l\the l _ e r of the Commo wealth. THB SEI.VICE PllESS 1 HA&USONBUR.C 1 'YA. �THE COUN'rY 01 ~ '{...) t,iJERIFF E:1MA~ . ROC~NGHAM COUNTY -~t COPY ROCKINGHAM BY DELIVERI ~ECUTE3//'7/-vIN • . 9 IXI+="" \.J1. 0 t-' 0....0 ....0.. .. I\) ct- I\) n, (I) () t:J 0 1-3 ,,. • ~ .. ~ ~ Cl IXI t:J . ~ !3 (I) t:x:J t-' Cl n, CD ~ 0 Id O" gi fll to ::s (I) ctp' t-' IXI (I) 0 § 0 .... ~ ct:E: - < • �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: f the Commonwealth of Virginia to summon _________ ~ to appear before the Trial Justice Court of said County, sitting ___ ~Jv J~'f_,___· _--'t.._dayof to give evidence in behalf of in the pending case of ~'lo--,, , 19-ti, at Harrisonburg, _ ' Virginia, at the hour of____,j.J._'t,,_,,1'-'h}~-.,,£.-,, ______ m said County, of that day ,41..., --=~::.::•="""==--Jl="'-'-"--------'--':-----'-,~-----'-'--'------------------ v. Given under my hand this/ ~ .J..,1_ day of._---¥-----1ri::.-:--'t:'------, 19~. c~ Subs. Clerk 7-52-SM-Garrison on �'iJ' .-v L.:. ~ ;-- ' s,HJHFF "() hP.r, usual place of ab~ his family above ti . .., ....5 ,~ (I) ,.... (') o ---;-----bY )::,,. w p F- z ' - r:: rn <-t g (I) () n· .... ~ rPb :,;- ........to_.._ =t;..1...-~~'-----at ···-····•,,-.·-=·· ..r-of abode, Execut~d ' "' ::l (I) 0 'O O" r:: [JJ rn rn (I) ::l ;:;: ~ :< ,...__,...__,-.,. ROCKlf~GHAM COUNTY NOL flnOing ....t-~ true copy of th· place . -c ~rJ y~i~ COfJNTY u i •• • ~ DELI" ,..,~.:r A TRUE A.L.STP.AVJDEr.LVU~ P::>S' , a u1:1uo. delivering hl:, I(_ �Commonwealth of Virginia: To the Sheriff Yoii are hereby commanded to summon...... .Virginia of Rockingham County, Greeting: ..Ro.11.ar.., ....De.p.ut.y ...Sher.if.f .......... . ~.~!.~~~ ...~P;.~.~.~~r ...~.~·~···~~!.?.~.~.;.~ ...~.?.~.~~.~ ............................................................... . to t(!flobefore at ' the Judge of the Circuit Court of Rockingham County, at the Court House thereof, o'clock, a. m., on the .......llth .....day of. .... ....Oct.o.b.e.r.............................................. .54, 19 .. to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ...................... .................................................. :v .•... ELMEiJ::C ...D.•....C.ARR,. ....JR•............................................................... who stands charged with a felony ~r. And this you shall not omit under penalty of £100. And have then and there this Writ. at the Court House, the .....4th .......... THE SERVICE PUS~• J-IARRJSONBURC, VA. �Commonwealth v. ) Grand Jury Summons Elmer D. Carr, 0 0 ltj ~ 0 Jr. '"tj To Oct. 11, 1954 at ~:40 a.m. !::tl t?-. g~ D-1 HO 0 z 1-3 Qt:Ij :J t::I H J .. ~z H '/-.S 'I EXECUTE, _____ THE COUNTY0 ROCKINGHAMBY DEL f--3 < l:I_1 ::r: !. COPY OF THE WITB.l.t........ TO_._,.....,__,,_ ___..____,.,_,_~..:;.,.....::a., -=---.._._.--.L.i OCKII ~HAN _____ ___ ::,.1 l:I_1 , _ �Comp. Form 18-A STATE OF VIRGINIA COUNTY OF ____________ _ I No. ______ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, (Name) of the said County, tha~--------------- (Title) _______________________________________ did on th~ _____ _,n day o._ ____________ _, 19__ the said County ; Unlawfully __________ _ 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 Address ---------------□ color Address ---------------□ color Address ---------------□ ------------------- color Address ---------------□ ------------------- color Address ---------------□ ------------------- as witnesses. Given under my hand and seal, this _____ ~ay o._ _______________ (Title of Issuing _ Officer) 19__ (Seal) �~ .-...- ..................... -··----·-------__ _..,,.._ __________ -.-...... .. .. aforesaid, State of Virginia, do certify this day ~ ac~eda-ed as ::7e----~A,ve to the Commonwealth /O!)t:J ($ e ~()-(---i.4-i. of Vira-inia in the sum of 1 •4l ------ ), to be made and levied of their respe be th~ves ~ indebted --,t-!c>-o Dollars , and tenements to the use of said_..k,:;:::::~~::!...~L~~~:!:.,--,,.:f::L:.' __ , shall appe at ---""-"'--=-M,, t ~A/.µ:!!:::::2.a~~~~~===➔---• Virginia, and at any time or times to which t proceedings may be continued or further heard, and b ny court thereafter havi g 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 chariz;e is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that tIJ n n .."' ('") 0 ,-j 0 X c:: (1) n ~c "Ij s· c:,. ::s s- E !" (1) 0 "' < s. C:,.'O "' ;;;· t::) ;. (') 0 :ii-: t<l >-:l (1) (') 0 s:: z s:: 9 "-z 0 V. ~ > t'"' !. s:- s· n :r "... - 1111 !" :t> ::s C. >-:l ::i: - r s:- ..., 0 i;J :::1 :::, (1) ,-j 0 E n0 3 3 0 :::, ::;! (1) ~ Ul C: 3 3 0 :::, s· :IQ "' en s:- ~ g- > 0..., 0 (1) (1) en ~ g- ._ ~ (1) "Ij "' "' (1) -., > ;; 0 c:,. 0 n (1) ., (1) (") ;. a:: >... ... ;. ... ., :,;OQ (1) (1) ~ 0:, ~ ~ iii' ., c:,. '< s. "' (") 0 ., ~ c:: c:,. ., C. (1) '< :::, .., "' .., ..., ~ 'O .... 0 0:, 0 ., ..., 5.., l)q 5· F ., "' '< 0 ~ 0 0... ....:, t<l < ::;· 0 :Jq "' 5· -::, -::, ~ er (1) p· ., " .., 0 .., 8, (1) ;. c:,. V, " " "' £'. ~ '< En 0 '---':;· <: (') a:: 0 en >-:l I'll -.. C: g 0 u, :, ;;· -· ;. " n 0 ..., "' 1 :, l)q ~::, (1) "' (1) "' en .. ..,.., C: - >-:l :r " <: (1) <> 8, n 0 C: 0 g <> n 0 OQ :::, .;· ,.., 0. �Comp. Form STATE 18 f OF VIRGINIA COUNTY ROCKINGHAM OF TO ANY SHERIFF OR POLICE Marcella Whereas, No.1£7-1--" -,4 To-Wit, OFFICER: M. Hollar has this day made complaint and information on oath before me, _J_...,.__....,C"--L---.:.::~'--!·w..,a"-"'-t~L----------· (Name) Clerk of the Trial Justice Court of the said County, thae- ____________ _ (Title) or about 1th did on;{he in and upon the years with of age, intent by force, ==A=u<,;;gu=s=-t=--------, day ot __ body of Virginia to-wit, the against said Hollar, a female of the age of eight child to carnally the peace years, cblJd of tbe under J6 make an assault know, against and dignity: and fe] ani ously 19---54.-: Unlawfully ber w1Jl, and Gommanwealth ) 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 Address ______ color Address color __ color color _ _ n [j Address ----□ _ Address -□ Address _______ _ -□ as witnesses. Given under my hand and seal, this_J ~ day of_--j~=~J-"L--.,,,__,,,.'LA~"' (Seal) �STATE OE V!RGINIA-COUNTY OF ___________________ ~ Trial Justice Justice of the Peace to-wit: in and for the County aforesaid, Stat~ of Virginia, do certify tL:d and -------------------------, to the Commonwealth ($________ as his sure~----, 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 tenements to the use of the Commonwealth to Circuit , shall appear before the Court Trial Justice be rendered, yet upon this condition: That the sai...____________________ 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 shall keep the peace and be of good behavior for a period of _________ the said from the date hereof. Given under my hand, this _____ () 0 ... ti) ,days _ < ::1~ ?' i; ti) ;. ,. t ,. >4 3"' C:. .. (') :ii:: :;I:! ... "' 5· t:rl (') > z 5- '~ ti 0 :2 > :;I:! ➔ 0 ::s 0 '"rj == z 9 == 0 ;. ,. :;I:! :;I:! > ~ >-:l z t:rl > t"' tzi Ul >-:l ~- ~ ➔ ::i: ::s 1-\--..J ::r' \J _,. f (") • -, "' oq ~ -~ '"rj s· >-:l 0 E (b n 0 3 >-:l 3 0 Ul C ~ s· oq ~ n 0 ~ ti) ::s ,. ~ ~ ;. > ... 0 .., ::s ,. 3 3 0 ::s § g(b § g,. ,. ~ ,.,. :!' ... "'"'-::s '"rj n ;. .., ;,,;- ti) > .., ,..., ~ ;. "' ,.. ti) oq (b ti) t.d t -l -, E :2 .., "' .., "' ::s .... C i5. .., (b 'O (b ::s "'- ::s "' ,. "''< "' < ::;· OQ s· .... F. 0 ::s ~ ~ '< (b (") ti) ti) ._ t.d < ::;· 0 5· 'O 'O oq "' F" (b .., "' ~ er ,. ..., ,..., 0 £. 0 .., "' "'- ;. ,. -Y> ti) r '< >-:l ,. ::r' ..., >-:l £. .., 0 (') ~ 0 rn ➔ rn 0 ~ ---C ri OQ s· C: .... -· ~n· ,. .... g,. ,. ::s ... ,.. .; ;;· -n ti) ::r' ti) ti) n 0 .... t:) 0 \ ~\t .. ~ ll) ti) .., ~,. .., .... ,. 8.. .., ,. C: -'° I l (") () 0 C ::s ... :.< 0 OQ ::s ;::.· ,.. "'- ���TRIAL JUSTICE Criminal Docket i. ~ COURT 15792 Com'th V. cf - r1 I A1 t. R Defendant Appearance Date Trial Date o/- ;_., ;,-f A ��Docket No. J,,tj/ J/. l COMMONWEALTH vs. DEc 1954 of VIRGINIA ) ) Felony (:att.rape) ) ELMERD. CARR,JR. r. "" ~ ~U-"~--1/JJ. ~{) Appointed { 7J,~p.d. ) o ~ "CT1 ~ < "0 "'" n f.,, :. f "il ~ 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 Elmer D Carr Jr. Subject The topic of the resource Felony Attempted Rape Description An account of the resource Defendant charged with felony 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 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_007 Carr https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_002_commonwealth-v-ellis-hensley-alvie-breeden-and-malcolm-eppard.pdf f485aae104b7e958e6b349d92be696d0 PDF Text Text COMM:>NWEALTH OF VIRGINIA, COUNTY OF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COITNTY: The grand jurors of the Commonwealth of Virginia, in and for the body of the County of Rockingham, and now attending the Circuit Court of said County at its term, 1941, upon their ilvie oaths do present Breeden and Malcolm Eppard, ·or June, and feloniously the said Lindsey Breeden, by throwing ing him prostrate put in bodily him bodily thereon, fear, chattels there, to-wit, did steal, dollars and feloniously ($5.00), take, and carry in current of the goods and from the person and on the day and year aforesaid, feloniously away, against then and and in the and violently the peace and of the Commonwealth of Virginia. This indictment Lindsey Breeden, Eppard, upon the ground and hold- of America, unlawfully, and him, and violence, of the said Lindsey Breeden, County aforesaid, dignity force of -the said Lindsey Breeden, the will Breeden make an assault, did unlawfully and five Hensley, on or about the 30th day- by actual money of the United States against Ellis 1941, in said County, upon one Lindsey did unlawfully to-wit, that October witnesses Shirley is found upon the testimony Eppard, M. K. Eppard and Marvin sworn in Court and sent before jury to give evidence. of the grand �i-,-·. ROBBERY COMMONWEALTH v. ) Indictment ELLIS HENSLEY ALVIE BREEDEN MA.LCOLM EPPARD Felony October term, 1941 . Lindsey Breeden Shirley Eppard M. K. Eppard 4. Marvin Eppard - Lawrence H. Hoover Commonwealth's Attorney �....... ---- •l J �:,-.. �Commonwealth of Virginia RockinghamCounty To-Wit: 1 1 surety, who justified to his ~ .. .. fficiency, came m·e, ............. . . u~~>-ir...--~t--t' ..-1e-oc;Z-1_'.'..,...-tt}._....-1:.,.....e..,--........... , (J. P. or Bail Commissioner) and acknowledged themselves to be indebted to the Commonwealth t ... r~ to of the said County of Rockingham, of Virginia each in the sum of. -e,co .......................................... .. ,, v.:-( .... ... ....... .. .. .... .. be levied of their respective goods and chattels, lands and tenements, . o~ .."-.. liars, ( $ .... for the use of the Commonwealth .... ) ' of Virginia rendered, and they e2ch severally waived their homestead exemption to their recognizance; yet upon this condition: That if the said ...... ,h,7!1!it~f -z-..~·a?at ~ ...... ~........ .. .... ::::.......... ,'........._shall personally appear before m~oun<y, '/~~id ..~:::~ :: ..,h: •·······~···~······················ day.of. ,h: 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 ,h, Commonweal<~ of Vicgini, conmning , cmain . ~ stands charged, and be bound under said recognizance said ch, ....... ..... ..... .. ... ...... . . wh"oof until the charge is finally disposed of or until it is dee ared void by order of a competent court, then the above recognizance shall be null and void; otherwise to remain in full force and effect. IN(~REOF, p(::. I 7· hereunto affix my signature this ... ~ . ............... day oL ... ,1,4/ , COMMISSIONER) �\ �/ • COMMONWEALTH v. Felony ~ ELLIS filNSLEY (robbery) t, ALVIE BREEDEN MALCOLM EPPARD ) \ (. .. ( .,,/ ' / I • } , ,, / I/' ' I, \ I \ ( ii �,, / -'?~ rZ p ~y , ~ I t! 6-- t~~~t+~)~ ~471 ~!h} f'.-,v-j~ 1PJ1>~ &-J-tte ✓ )~ 6 }--Yl/'~ ~ / ~,,,r-)~ ~7--.,,,~~~~ '7 b&f~J)--- Ir~ 10 : I I ; ~J::::::t I- 'I I /.., , / J ' I )/ / ~ ,, ~ , ~y_: I ' / ,,,. • I - �COLGATE W. DARDEN, JR. GOVERNOR GOVERNOR'S OFFICE RICHMOND • ... �TJA3WnoMf'1 .. 0~V YI Wi1i;."" ~J .,,~ 3::>1-=t,0 c:'f101-1fl3VOc) Q"10MH::>iq .Rl, ,111301'! 0 .W P01o1Fl3VOc) 3TAO.JO::l �~Oc::IT, STAT~. OFV~ ~ ~ ...."7.t..~J.b.. of Virginia, do heri!uertify ~··~···;J·····/Y. Commonweal .. ~ ..... as his .................................... r tY··············, have this day acknowledged of Virginia in the sum of.. ........~•·····~·~···~······························dollars erally waiv heir exempti ~ ..~~ and ...... themselves intebted to the ($ ...J'.o.O. ................... ) as to , to be made and levied of their goods and chattels, yet upon this condition: That the said .......................................... shall appear before the~ Court of Rockingham 0....1!!±.,. ....................... , County ~~ at ... ...., on the ...?c.t:7. ............ day of 19:¼', at./0 .. .. . o'clock A. M., and not depart h ce 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 within charge until the same is finally disposed ot, then this recognizance shall be null and void; otherwise to remain in full fo effe . Given under my hand this, the •••••• /.£ l , in •nd fo, ,ho Coun<y of Rockingham, S<o<o 1 that .. ....-.~~~L·~··························· ••••••• day of • • .,t'~"~,..6."'c.·..-"'•~·./-"" .~- •• . 1."~f·r~i~~;·~~·~~········· • 19 #, ................... 1 �ARREST WARRANT The Commonwealth of Virginia,/ Rockingham County, I To the Sheriff of Said C Whereas, __________ _ made complaint and information on oath of the said County, that ______ _ on the ________ _ day of ___ These are therefore, in the name of the C before the Trial Justice of the said Coun to law. Given under my hand, this ___ Memo. of Commonwealth Name _ Witne1 �6 ARREST WARRANT ,::. The Commonwealth of Virginia,}T 't . h am County, O•Wl R oc k 1ng To the Sheriff of Said County: .• ----"----"'---'--..::...:::=---J,,<.'-----__jL..-',,L_~_,_~=-----';:......c.,;::==..-----,~--,-✓~f---- W~reas, made complaint and infor These are the fore, in th~ name of the Common ea of Virginia, to command you for~ith befme the Tdal Justice of the said County, the body of the ~~ .A /11~ CU¼1 ____________________ to law. : • Given under my hand, this~day Memo. of Commonwealth Name :! ~ to apprehend and bring /,J-;12.zl ~ answer the said complaint and to be further dealt with according of __ '>V--"'-"----J--+\--+/. Witnesses: Address �STAT~•··~~ in and for the County ...r~~~~;,;r:J.~~:~~:·····················•···•·······, 1 of Vir,~i ia, do hereby certify that. ~: .·~lllrr:i~·············· ... indebted to the 6 .............................dollars ($ ....J.P.:.c:,:..~ ...........) as to ~ ..../~ onweaft'h of Virginia in the sum of ........... which they severally waived their exemption, State .........•.......................... and ....~···~( ..h?.:r. ...........'},.......~ ....Cl. ..~ .......... as his su;ey ................ , have this day acknowledged Com of Rockingham, themselves to be made and levied of their goods and chattels, yet upon this condition: ~.........~ ................................ shall appear before the if.{g~~ That the said Court of Rockingham County at ·l!tf:J..:~~:~d·~~t·~~··~;th;;~t·i~~~~·•of~a~~ec~~~d··~1:··~~:~ ~~h~~·Iie~~~hi~h.,t~~~~~e~di~g~·~·b~ 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 ,hisre:,::•:::h~:~.:;l:h:,d,::id,.0;7•.•o•=~~,•:::;;~··•JL~!O~:•··············· • ... c:: ... ... ro ro ~ .µ .... ... ;:::J <J) ... ... 0 u 11) u ..... .µ "' ;:::J V ci -< z... ------r- V ~ -~ - -. cd u ... ro c:: g ·s -~ u § A ro 0 Cl V T. J. Qi J P. sr Bail C:Pmn i••iJ:,n:r ..... 0 ... ro \ >, I ro >, ..... 0\ ....... '"d ..D 0 ... .............. . >, c::'"d ro o I:::..D ro ~ ~ V .,s i c:: 00 ·- c:: A·._. ... -~ -~ u <J) -~ tE v""iJ ,,; > 0 0 u ...'"d 0 ...G'"d V ... c:: :, ro ... U V 00 V µ.) ~ -.8 V C:: ><·- ... V <J) ~:'7 A' (\ ffi ~ c:-,.: '-l, , ~ \ • "-.;._ . th th :r--.: . - . ~ ~ ~ ~ th 00 ro V 00 V V µ.. 0 V V <J) µ.. ~~._. 0 <n I-) V c:: µ:; V V ,2, µ.. 00 _<n ~ ·-c:: ;:l ~ <J) 13 ..... ... <J) :, -. ro ~ i ... V <J) V ~ <J) <J) i V B ~ 00 V ·a 0 <J) :-s c:: ro '"d c:: c:: ro '"d ... ~ ... ... u i5 -< - ~ c:: 0 <J) >, ..0 '"d -~ 0. ~ v> ] ro ro ... I::: ... u <J) <J) ~ ~ ~ u V ~ c:: c::>, <n ro 0 V '"d V C:: s c:: B V s t) ....... <J) ~ ~< u-<t: 0 (f) V 00 ro ~ ·s .; ~ i '1.11 :r--...: 'v: N,':/: J' ''-'I: A ~ u ~: V ... V tE 0 i .:.a ... ..0 'O: bl ... ~ \\?- ~ ~ �6 ARREST WARRANT The Commonwealth of Virginia,}T 't Rockingham County, O•Wl To the Sheriff of Said County: L / O / /4 ree,,(l' er; 1 '7 r7.., ./'( _:~~l';tt;:-:::i,~~~~~------- Whereas, __________ made complaint and information on oath of the said County, that ______ JiJ on the .XJ. - __ ,~· day o -P-' ~ J. P. : or f __,,\JC~-=-=--_.L.._~-------'----'=-"CL.!,"----=----,d----------~------ e said County,A,{(tz;<t~ --,;?=-~'.1.(....--,------------c-:.=1 ~ . a,e. 4 ~, / .444•,?-j .l--r'L/J-7 r ~ ..... ,-------,1-+-/-~-'-----==--.=--------------~ ---~\Ll~~~.L.l,!.~ ___ of said County, has this day ..L-J,~~.:'M-,~~/a..U.~~~th,~l:t!!,_L___L~~- These are therefore, in the name of the Commonwealth __________________ dtft-&~14M-«l(h ·'9, ~'114.~ • of Virginia, to com to answer the said complaint and to be further dealt with according to law. Given under my hand, this.__ ,1---/ ___ 19_!f_f_. day of_ 4 ~~X--~----' _Lifl_L~~~~ M. ·£"),?~,, Memo. of Commonwealth ~I-JJrley ~~I- y'l--- ~- Witnesses: to'7 MK. f r-1________ 1! f _____________ , _ �STATE OF VIRGINIA-COUNTY OF ROCKINGHAM, TO-WlT: in and for the County T. of Virginia, do hereby certify that J. or J. P. or Bail Commissioner Commonwealth State and as his suret .................. , have this day acknowledged themselves indebted to the ................qollars ( $ ... of Virginia in the sum which they severally waived their exemption, of Rockingham, as to to be made and levied of their goods and chattels, yet upon this condition: That the said shall appear before the Trial Justice Court of Rockingham County at . .................. ................ .... ....... .......... .............., on the ............................ day of....... ......., 19......... , 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 ~1 .µ "<:) i:: rn - :l@ 1--< 1--< rn .., ~ ~ - .µ <FJ ;::) 0 u Q) u ...... .., er, 4-,r- aJ ;::) ....... V zci '-"Y- V ~ 0 Cl ·~ ~ r< <( .µ ....... ell 1--< 1--< ~ :,...-.... 0 .,.0 .µ i:: :,... ~ V ~ i:: '§ 0 8 8 0 ·i:: u u; ;,. ~ rn V ~ -5 i i:: ~ .5 ~t V .2; ~ 0 .µ .µ '"O i:: V i:: u i:: 0 ·i:: <FJ !)() ] 0.. ~ v;,. '"O -~ 1--< t rn u 1--< <FJ ~ i 1--< CY'-:i: \:) A: d ~: ~ ¾ ()/ : - --- - ........ ½ ½ ½ V Oil rn V V <FJ. ~v ;:J -~ .µ <FJ ::, -.. ~ !)() V i:: ~ i:: ·5 <FJ <FJ ...... rn .µ -i t>O µ.. ,, V <FJ <FJ \ V V µ.. <FJ ~ -u 1--< V V V µ.. V V '"O .~ .µ i:: <FJ ::, rn -.. 3 .µ <FJ V 1--< 1--< 1--< I-< <( V i:: ~ !)() i:: ·~ ~ V :~ -~ I I , ~ ~ .µ rn ~ V V u ~ i:: rn ·~~: ~ ' = <FJ § <nm 8 .µV ~] 8 ·- .µ -~ '§ i i :c: '"O i:: rn :~ 'J' ~ ~. ---.:.),,: \..;: ~. ~! : . "1~1 V .,.0 <FJ V ~i2J V 0 :,... ~ ?<: -~ ~ ~ ~Q 1--< l:E rn ::, rn u !)() ~; ~ V <FJ ...c'"O V 1--< .!'l (I) ~ ~ rn o v'o .µ ., M½¾ '"(J t::..0 -~ ...c ~ti~ ~ rn 1--< i:: u ~ i:::,... ov 8EJOE 0 J5 ~-<u-< ,µ - ..:d1 �COMMONWEALTH ------- OF VIRGINIA 0 F Fl C~ ND ,,,~--- ·, -' - • --------~------.....:. Judge H. VLi. Bertram Harrisonburg Virginia ��r ✓u ~. Lr2/4 ,J-. ./~ Cc- 1/,' 1t - ~- (_ ~ 6) e!.L 1/c I- ? C '1..- v · ,; 6---- ...-------- ��DESCRIPTION Last known address ______ --~Color_~_:: Height__9-:::-:// OF PRISONER _______________________________________________________ _ ~ Eyes __ Hair__~ Weight__{_i_~-- Marks _________________ - - - - - - - ---- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- --Age _____/ Occupation_--*-~-o/--=----- _________ ..__________________________________ _ ��COMMONWEALTH VS._'lz,~~"""'--""--.-=----1--)----'--"~~~~"""'r....,."'7--==---DESCRIPTION OF PRISONER Last known address _____~--~---------------------------------------------------------------- J{(:_-_ Height___!,_~--=//_ ColoL __ d_f Eyes__ H,i,__ ~ _____ Weight_ (_J?d ____ _ Mar ks _________________________ ..__- ___--- ___________________ - __- ____________________________________________ _ Occupation_ ~---- ____________________________________________ _ Date of Trial ____ /./~'i-:--t-f'1_r-________________________________________________________________ _ Resuh _________________________________________________________ --------------------------------------------- ��~ COMMONWEAL TH VS. dt,/;r-,eL,,-~ ~ Last known addte,,; Color__l4=_-:-:___ R~ESCRIPTION __,(}16:Jd~_it,,-k-: Heighr_ _ OF PRISONER __-~-~_t,§/ _____________________________________ . _______ _ _x= __ :-_E Eyes ___~ Hair__~:::-:_____ Weighr_/~-=--- Marks ______________________________________________________________________________________________________ _ __________________ ··- _________________________________ _ j_ f-:_______ _ Occupatio~ ___')-~ of TriaL __ J../-_1-Y-tfk' _____________________________________________________________ _ Age ______ Date Result _____________________________________________________________________________________________________ _ ��In the Name of the Commonwealth of Virginia: To You are hereb)) commanded to summon&~-d.d.. .~~ te Sherill .. ~~'.)4,-~ . ~. •. ockingham County, Greeting: ········~r•··•·········- ~ • • ...................... ·-········· ......._.......................................................................... ---------··············-················································-······--················· ........................................ ·----------------------·········· ..··--·············-············-------------------················-····· ..·•••·······•········•·•······•····••········•··········••••••····•• to appear before the Judge of the Circuit Court of Rockingham Count)), at the Court House thereof, at 9 :30 o'clock, a. m., on the..J.... ....... a)) o/......... ~ .....19..{;!..... '() testif)) and the truth to sa)) in behalf of the Defendant in the prosecution of the Commonwealth against................................................. . :====:=::~••••• 7~~ R7-=: : who stands charged with and indicted for a felon)) misdemeanor. And this )Jou shall not omit under penalt)) of £100. Witness, J. ROBERT SWITZER, da)) o/........~.~············· 19.f ... , :::••························ And have then and there this Writ. Clerk of our said Court, at the Court House, the...~.f ::7:w~. ........ .zll~r-~r·~···• ...... . ./6....6 ......... ))ear~:};e nd in the .. Clerk Massanetta Paper Co. Print V FORM NO. 5 �f /. I t:> . �to appear before the Judge of the Ci~Court of Rockingha_1,:z, County, at the Court House thereof, at 9:30 o'clock, a. m., on the ....:::6.t?.. ...........day of. .... ...............( ..r?.../.!.:..................................... to ''.'.Ufy ,~dt~'. '.'"'.~ '.~ ''.'. ~~'.~~~ o J.t:::~i.;.~~~~ ]U~~ 19 .--::f.../, ••••••••.•••••• who stands charged with a felony miuleme-anor.And this you shall not omit under penalty of £100. Witness, d,yof THE . ROB RT SWITZER, Clerk of 01ir sai~, /'!, SERVICE PRESS, ' nARRJSONBURG, 1961/.<ndinth, VA. °i~>y~~ And have then and there this Writ. at the Court House, the ..../..7. ,,d--......... . ClMk �. Ii . I ._ iI r ti!. V\) I I' I . .... ..., cLl f" �In the Name of the Commonwealth of Virginia: to testify and the truth to s who stands charged with and indicted for a felony-mis.derneanet". And this you shall not omit under penalty of £100. And have then and there this Wri~ Witness, day oL~ THE SERVICE PRESS J.ROBERT SWITZER, Clerk of our said C urt, at the Court House, the .....2../ I/ ,19 4t;;nd ;n the .... 1~~Clerk �)._ •( . 2... ~<)-. --~---L,.-- -------------- ~ " t~ '~ ~ ~ t t \ ~ ~' .~ ~- C' ~"-),-} \') Not finding place of abode, k'R,;;1\~l,d!'."-<?"s<E'(__. ____ P-,,(//,<?f£.-v . . L ·•··•··•·••····•b Y d e , •1vering ' ·___ /.,.____ ----....... L....:.. ·-T" • .,_ E'$ocuto :f . / tO;);/A'L, "r I,: at his usual ,,, ""1 - · £//_ J a �In the Name of the Commonwealth of Virginia: You a,e hmby commanded to summon ~•ffz::m,~o=••::::•' ••· .·.5 .. c~·-··.:·••··.•··••····•••···•••••···•••••••·•••··••<><•• to appear before the Judge of the Circuit Co 2..f.:.. day at 9.30 o'clock, a."fft., on the ... to t=ti~ an~ the :uth ingharn Cou ty, at the Court House thereof, ,o f..l- of........................... . •...................................................... 19...... d~ t~say in behalf of&~~nw)~ 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, J. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ....R.L day of··········~···········• 19..J/..h.nd .. r--- in the ~6... year of the Commonwealth . .......................................................................................... , Clerk THE SERVICE PRESS �v-:, �,( In the Name of the Commonwealth of Virginia: who stands charged with and indicted for a felony rnmlemeanor:And this you shall not omit under penalty of £ 100. And have then and there this Writ. day ,,t:/= :;'"_::~57:£Y."~I::< ,::1:~•~•:'~~~~:: Massanetta Paper Co. Print FORM NO. 5 �by •'"'-XecuU.Ju . Cf:..,{._c)__f!.Lf/_z__ l-<✓ 't_, ,. cieiive,.~1 ng lt Lrue, cG1: -<& l~ L:uµ ---------- .... oerscn... i ,;;; r t li f' ' ~ ~ ~ t) Not findin,: place of abode, true copy his family Lo her, of this .,c , Executed ~~£. above \. , -' a- /JA , -.,,.,.C..·/~~vi <'.'",.,.-::::· ____ at his Ul!!Ual -····-·····•·by delivenng a 1 �Witness 18 Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded,~!hj/!ame L. s. of the Commonwealth Breeden, Ma.rvfn Eppard, and Malcolm Eppard, to appear before the Trial Justice Court of said County, sitting in said County, on __ l~5~t~h~ __ day of___ of that day to give evidence in behalf in the pending case of Virginia, to summon at___ H_a_r_r_i_s_o_n_b_ur~g~,_V_a_. _______ _ J~u~l_y ______ , 19 4l , at the hour of of_~t-h~e~C~o~mm~o~n~w~e~a~l~t~h~• _________________ _ of__ ~C_o_mm_o~n_w_e~a~l_t~h~--------------------------- v. _ ___..E ...l.... l-i..,_s..._H....,,,e_n .... s'--"'l""'e'-.Jy,__ ____________________________ Given under my hand this ___ 7_t~h~--- day of___ J~ul=.,_y _______ _ , 1941 . ✓~~~, Clerk �Witness 18 Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded,~~hj/!ame L. s. of the Commonwealth of Virginia, to summon Breeden, Marvin Eppard, and Malcolm Eppard, to appear before the Trial Justice Court of said County, sitting at ___ in said County, on __ l~5~t~h~ __ day of ___ J~u~l_y ______ H_a_r_r_i_s_o_n_b_ur~g~,_V_a_. _______ _ , 19 41 , at the hour of of that day to give evidence in behalf of_~t-h~e~C~o~mm~o~n~w~e~a~l~t~h=--.-t------------------ in the pending case of __ ~C_o_mm_o~n_w_e~a~l_t~h~--------------------------- v. _ ___..E ...l.... l-1..._s...__.H....,.,e .... n~s'--"'l""'e'-.Jy,___ ____________________________ Given under my hand this ___ 7_t~h~--- day of ___ J~ul=.,_y _______ _ , 1941 . J~~~, Clerk �-?J.f /_f_L_ cxecut~ 0t ➔ the r,lace 0 rson. of abode, ';;,"IY above of abode, ,-ue co y T th at h:s usual Z.._.. d '{J1(.,(__ l'>u -·· a h erlng c• o l6 at s 1~ / ~ ~- 'Cf~~ E ecuted '' / , bg·n~ ye,cs,:_;s~J;,2, f/././2.... to ~- u ~ • ;:,/ J:l,.,,j .. ri.,r•iJ' a •••• ~ /le,. ........ a.ce of ab ly above her, .. ... in person, pl.1co of aho ~, , 1 pl•c• AKU;- to.lRnC<..~ n~ -; J. _ ~ Not fiod;nr< d,J/;~ ~ f/A at,rA :~"'"' ~.~ v f/.1/ ~ Executed vofth usual . , t.r , , in it JD C ~ '3 0 / me,'1h"'" of ~d.v- .. ...... .at his usual J /{ & /' ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rocki . . ham Cognty, Greeting: You are hereby commanded to s _,I ·• --··---················-··-··········································· .' ··················----···········---···-····································· to appear before the Judge of the Circuit Court of Rockingha at 9:30 o'clock, a. m., on the~~ay ...Coun , at the Court House thereof, ±.~,,~ of........................................................................................ 19... to testify and the truth to say in behalf of the Commo ealth a inst!. .............................................. . ~~,.,,====who stands charged with and indicted for a felony misdemeanor. ·f;;;.f___ And this you shall not omit under penalty of £100. And have then and there this Writ. Witncs day of.............. J.ROBERT SWITZER, Cleek of ouc said£urt, at the Court House, the ................. , 19#., and in the 16..&ar of the Compionw~alth. £::f1\~J..~, THE SERVICE PRESS (I Clerk �/~vlr :i.\ 9'6 ~.t /~~ ✓ ~ ?,, / y t'J /? 7'-.,/ �• Witness Subpoena 18 Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, Kearne·y 'J in the name of the Commonwealth Dean, Jack Hensley, I -/. y of Virginia, to summon _________ _ and Hugh Hensley, If' to appear before the Trial Justice Court of said County, sitting at __ H_a_r_r_i_s_o_n_b_ur_-=g:.-'C,_V_a_. ________ _ in said County, on __ l---"-5-"t-"-hc..._. __ day of ____ of that day to give evidence in behalf of __ in the pending case of Ellis Commonweal _;;_J_u_l_,._ ____ , 19 41 , at the hour of t_h_e_C_o_mm __ o_n_w_e_a_l_t_h-=--' ________________ 10:00 A. M. ...:...__ th Hensley v. -------------------------------------------- Given under my hand this.___ 1_4_t_h __ _ day of.___ Ju_l_y _______ . Clelk �j Tri~l Justice Court Docket No. ___ _ • Commonwealth - ..., V. { Witness Subpoena '1G • ,i ~ ·1 ... .. ,._ : '£. . -- 7T Ellis ~ Hensley 1 ,.,_ >, ~ 0 -,~· • -..0e l.) E :) 11P :, '.) I ,c <I C J: 0 ..Q ~ f ·i 0 ~ ~ .. i �TRIAL JUSTICE COURT ~ --- DOCKET NO. L/.:JSo �� 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 Ellis Hensley, Alvie Breeden, and Malcolm Eppard Subject The topic of the resource Robbery Felony Description An account of the resource Defendants charged with 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 1941 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_002 Breeden Eppard Hensley https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_003_commonwealth-v-elizabeth-maston.pdf abe23a337d29b8969e1555a7514f6645 PDF Text Text I, Elizabeth o. Maston in open court, before the Judge County, Virginia, do voluntarily of murder, aiding and abetting Given under Witness: my hand this , the accused in the attached warrant, of the Circuit Court of Rockingham waive indictment on the said charge . 10th day of __ F~e~b~r ___ u~a~r-y ___ , 195__L. ��COtllp. Form 18 l STATE OF VIRGINIA OF Harrisonourg ~ f No.,_____ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: Clt_~_i_e_s_E_._Ea_rm_an_..L.._J---=-r_._,,,___C_o_mm_o_n_w_e_a_l_t_h_s_A_t_t_or_n_e Whereas, ____ has this day made complaint and information on oath before me, ____ Justice of The Peace of the said (Title) ID.izabeth 2fltll did on th,________ o. January day of__________ aid and abet Kemper N. Maston kill minor female child, to-wit: J_o_hll __ G_•_Le_ak_e ________ D:D!lJ:,tha,c_ _____________ Bastoa ___ _ (Name) City _ RockinghaJI in tbex:D:tl County ______ r'8 19_='_: and feloniouslv, .,__ Unlawfully _________ and murder one Diane Maston, their daughter, the age of 8 months, against the peace and dignity a of the Conmonweal. th of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockin g)lam County Court of t~ County, the body (!Jmtxs)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--------------- □ __j, _ ,__ _ ---□ ----□ as witnesses. 2lot Given under my hand and seal, this _____ day of__ ~:ua~. :~-=-A-----,H'£_-,£,~_-;:;:;;;---,=---H-L:__ __ ✓ JUsrfcttnt1Hl1EAcE _, 19 58 (Seal) �STATE OF VIRGINIA-COUNTY OF _________________ I, . ------------------- .a _ Judge of rhe County Court Justice of the Peace to-wit: in and for the County afo.resaid, State of Virginia, do certify that and ---------------------------, to the Commonwealth ($,________ as his suret _____ of Virginia , have this day each acknowledged themselves indebted Dollars in the sum of-------------------------------------- ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: That the said ___________ to the use of the Commonwealth to Circuit Court shall appear before the County day of _____________ ~ 19___ , ~---------, County, on the ______ of land~, and tenements _ 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 artd 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__ ,days _ Judge. ~ ,-,J ~~ • r--- tTl X n, "'1 (i 0 n ~- ~ < i:: !" ;; 0. "' ,. ~ ., ;. 3 I >4 ~ s· o· ::, ~ . > :;d tJ:j t ~CD s. c+' ::r ;. (I) 0 I.fl i:: "'1 .. e 0 Er ,. ,-,J 0 E 3 3 0 3 30 ::s ::, ,. OQ ~ 0 ;. ,.. "' "' "' s· "',..> ,.. ~ (i ~ ,.. ::, ,. ~ ..0.., > ,.Ei ,."'"' ,.::s ,. ::s 0. ., n ,.::s ...... ~ ,."'1 (i ;..., :,;- ~ ., ;.OQ :> .., ,..., ,.. "' to ~ >-l .., E 0 ii: ii: 0 0 z "'1 > :;d ~ I?'.! :;d > t"' I.fl ~ ,-,J It L- t ,-,J >-l ::i:: t> en c+' 0 l:S ::t> ::s 0. ~ ., .., .., ., ., i:: 0. i5. '< .., (I) -0 n, - 0 <: :;· <: OQ OQ s· 0 ., :;· 5· 'O 'O F" F. .,.., (I) ::s ::s to '< s. 0 0. .y; ,.;. ,.::r ~ 0. ., .., 0 ~ - ~ ,. 0"" .., n, >-l "' '< z p ~ a (I) ., (I) > tTl • ,, 0 ~ l_:rj (") I-' z .... ,-,J ::, (i (") :;d ~;. t t:, 0 ~ (I) ~ ~ ,-,J J. P. [ (") 0 r 0 ~ Cll !i. go OQ ::, gg 0 ::, ~ ;;· ~ ;;· ,. ,."'"' ::, (i "' .., ~,. ,.. ,..., 0 i:: v t \ . l-- i ) 0 - ... "... 0 '° (i l ::< 0 i:: ::, .. n 0 ::, OQ ,.;:;· 0. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded .................................................................. County, Greeting: to summon SHERIFF .. H.O.OVER. . ................................................................. DR .....F .... .L .•...BYERS ..... to appear before the Judge o'clock, a. 111., Commonwealth of the Circuit on the . J.,$1J:lay of b,e~•~he-Gl'tl.tt&-f11ry, Court of Rockingham }1a.r.c:J:i County, at the Court House thcr•eof, at 9 :30 ............, 19.5.~ , to testify and the truth to say in behalf of the against ........ELIZABEI'H ..MAS.T.ON.. ................................................................... . who stands charged with and indicted for a felony rni-3tleme'<m61": And this you shall not omit under penalty. Witness, CHARLES Harrisonburg, Virginia, of the Commonwealth. E. EARMAN, And have then and there this Writ. JR., Commonwealth's Attorney for Rockingham at the Court House, the 18.t.b ...of . .F~.o.ruary County and the City of .... , 1958 , ~~ ..... c ..... Commonwealth's ~~ o �.taECtr.r~/4'.YIN THE COUNTYOt ROCKING M BY DELIVER G A TRUE COPY ~ 1?£CEJVED FfB 0 Kl 18 1958 • SHE IFF'S0 FFC[ ROCKINGHAM COUNTY �COMMONWEALTH v. ELIZABEI'H MASTON CHARGE TO JURY If you find the accused murder of Diane Maston, murder was committed willful, deliberate murder of aiding as charged with malice degree confinement in the than years. aforethought, and fix penitentiary life, her guilty of aiding of Diane Maston, as charged in the with malice deliberate in the second penitentiary degree, for killing actual of aiding Maston and fix not less than her guilty of aiding than a fine jail one year at confinement nor more than not exceeding not exceeding If you find five One Thousand one year, years, Dollars, or by both her not guilty, you will or, malice years. nor in the afore- find her of Diane penitentiary years. in the first degree, nor manslaughter, involuntary warrant, in the twenty and abetted in the in the in the in the manslaughter nor of voluntary charged of murder degree, you will five of murder and abetting as further her punishment heat, nor more than degree, first without at confinement her not guilty of Diane Maston, and fix one year in the second therein, in the voluntary her punishment same was at confinement she aided upon sudden the her guilty in the but that or by in the murder nor more than of murder of was not willful, find years as charged and abetting If you find of murder five degree, or implied, guilty find than of Diane Haston, you will her punishment her not guilty in the second thought, for and fix not less If you find of murder then was any term not less and that it it her guilty and abetting but that the at death, or for warranj, aforethought, and premeditated, find her punishment for in the and that and that you will If you find committed and abetting in the warrant, and premeditated, in the first twenty guilty manslaughter you will penitentiary in your for say so not discretion, or by confinement such fine but by in and imprisonment. say so and no more. less �I �COUNTY COURT Criminal Docket 25579 Com'th nt1 ~'v v. Defen °'-\JI°' Appearance Date Trial Date / ... .l 'f - J- J> 13 ���I I I \ I • �,,. 1~/Jj Docket No. I" / COMMONWEALTH of VIRGINIA ) VS. WARRANT ) ) Felony (aiding and abetting-murder) ELIZABETHO MASTON _Don_......___._.~ ) 1,/,µ,"'~..,.-£.:_. ~~---c-_,,,,., i 4~-~-~~ Own ( p. d. ............. ..__ ________ ) Appointed ( x) 1958 February 17. Indictment &c. waived; 2ccused arraigned 2nd plea n.g.; Cc se set for Acrch 13. 10/; 0,~ /~. ?~ ~· l'Vj ~ ~- ~ ,,_ ~+ i~ b- ~ ~ ~- ~ ; ~ f~~ ~- 10;,1 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 Elizabeth Maston Subject The topic of the resource Felony Aiding and Abetting Murder Description An account of the resource Defendant charged with aiding and abetting in 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 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_003 Maston https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_013_009_commonwealth-v-edward-rinker.pdf 1350d4ba300c567589b5c57bf445e329 PDF Text Text C. R. WINFIELD ATTORNEY-AT-LAW, BROADWAY,VA. Uov. 11, 1937. Hon. H. W. Ber tram Harrisonburg, Va. Dear Judge Bertram: Re: Commonwealth v. Edward Rinker Some time after 4 0' clock P .. r. , yesterday (Nov. 10, 1937) I received from Messrs. Conrad & Conrad, a letter enclosing me a carbon copy of a note of argument in the above entitled cause, which they advised they had,on the preceding day, handed to you. They also advised that you asked them to inform~ that you would like to decide the case before the end of this week, a.nd that if I wanted to file a reply you would like to have the same within the next day or two. Messrs. treated I am now enc lo sing to you (copy to Conrad & Conrad ) a short note of argument to be as a reply to the note of assrs. Conrad & Conrad. If you will be in your court on Saturday morning, Nov. 13th, and would then be prepared to pass on the case, I would be pleased to be in attendance. I fix the ate mentioned as being about the earliest day that vrould a1Jpear now to be practicable for the hearing • /hen you have received this would you kindly telephone me as to the occasion for my being in court on Saturday morni.ng ? Very truly y~ . {/:/?~inf'::/+ CR\/:EK Enc. Copy to Messrs. Conrad & Conrad o ��C mmON\fi""'ALTH vs. E \/ARD INKER REPLY NOTE IN BEHALF OF CO:M1!0NWEALTH It having on the trial by the Corrnnonwealth - for that the defendant, of way arising tiff, the purpose the main questions ight (2) consent, the servient of way, it enjoyed "v'as well the right unless titled across by a contract ision hat bring Coe private rovided Doad or right by contract, without provisions gates a right the landowner gates at convenient through his was en- • in hearing 2039 (26), the facts of way, except gates established of the statutory which in terms over which a other may erect the allowing across of way extending the influence owning land a fixed the ovmer of the easement Section : across open, and maintaining of way within of 1936, any person 11 it are gates at common la.w that a right As to the case evidence of the plain- • and maintain of erecting to an open right lands down or leaving recognized places to a right and penalties the mouern statutory owner to erect and suitable ands, from over the the inhibitions any such gates part was entitled owner to erect y the law as to the breaking wner's only - which a.re to be a.etermined of the servient of way ; case been conceded of such trial w. Rinker, Edward out of prescription, the right (1) of this where it across in proprovides or others is have otherwise such roads or ( j ��rights of way at all roads on each side This 98, section 129 points at which fences 354, 355 in Meadows vs. Meadows, 143 Va. • Under the evidence the requirements are met. both through the right lands, the plaintiff of way so far and had fen«es of way to the gate dollars a forfeiture for the leaving owner , of any such gates By Code Sect. person, without of another than for property of another was evidently unquestionable established no such right Sect. there 2039, permission is provi owner, ed that pull of another permission, xx.._xxxx he shall twenty dollars but not felonious, - real or personal of five dollars fixed by the Tri&l such fine that can establish that to knock down and leave in the defendant hnd it has been 2 of any . appear by the complainant. • injury It would certainly right be is also of Sect. defendant any down the fences of the Code, a penalty 4479, if the provisions the is of the land- imposed under unless of one nor more than five nor more than the unlawful, The fine enforced five side by him • the same down, or without fined provide it of the open the gate By Sect. than without 4481, open and leave not less on either . permission and leave on as the same passes 27 of said open, gates o,ms the land extending of not less in hearing to erect which was erected Under subsection provided in the case the lando mer to say, of the right his adduced ·which entitle That is sides to such thereof.'' was construed s. ~- extend Justice 4481. should he had so~e dov-m the gate is submitted shown. that be ��The ci-..:.seof Supervisors 119 Va. 763-773, the width statute that vs. 91 S. E. 124-133, shall allowing be provided a railway a public road,and original road deals with that control • R. Co., the question and respec tea under company to change does hold should N. & W. the width of the the location of the user in the new road of of an established in lieu of the olC. one • The same principle the rights there acquired is very contention off used slight that the defendant be applied right of tle if any, for by plaintiff had at any time the cut use of any part road bed which the defendant to of way, but foundation, which was erected of the theretofore • It was established very shortly with the same was knocked three loads in such before ight down and left of hay had been hauled operation neither of way claimed to adopt the gate he fact that r the gate he post was disturbed; encroached on the would be a dangerous could by force The safer and arms plan, having would be to of way to seek relief in a • after having through from the are been used connected by Mr. Bowman, and of the community, of the right the defendant e was acting e inferred the defendant and security the claimant of equity to some extent, it that and fence or the fence such ohs true ti ons • view to the peace evidence open by the defendant, through by defendant, that emove or demolish equire by undisputed the time when the gate ut even had the landowner, ourt perhaps, of a private and doubtful the gate or deprived actual by user might, knocked resentment experience in driving and connecting made no effort fencing up the fence down the same indicates that and anger, well of others through to set the gate and it might that with had a little the load more of hay would hot have been knocked 3 down• ��As further Rinker that family after in regard the gate defendant post of a gate side of his warrant against dismissed line, succeeding but the Trial day - the heavy where the right of way intersects also which warrant Justice down by the on the southerly the plaintiff her; must be remembered had erected as was the warrant Rinker; of way it was cut down by a female which act of mind of the had been knocked which plaintiff road, for to the right on the next boundary family, of the attitude and fencing - probably the public evidence sued out a trespass was by the Trial against being member of the Rinker a co-defendant doubtless Justice ,;ri th Edward of the opinion that ~ the mild fine would serve possession of five the purpose and lawful It defendants II testified for manner use of his that as to Miller's the defendant in which he closed without imposed on one of the defendants, of quieting is believed in good faith, ly, dollars but embers of ~is the witnesses in Trial Justice Court, suggest than do any acts e imposed , part emphatical- to be attributed and the other in the matter, intended are more to provoke a contro- of the plaintiff indicate in malice. t woula. be a dangerous Trial 11 denied, of tbe defendant ahoYm on the Upon the whole, f the learned he was not acting Mr. lililler attempted as were iillltiklllEli the defendant who and the a controverliY who were involved that hat he was acting shows that to provoke foundation. family for towards and on the whole the acts trongly ersy the comments of counsel attitude making any such statements to him, in the property. the road intended substantial the complainant it is most earnestly and unwise Justice on the defendant, course as to the 4 to reverse very mild Edward Rinker submitted • that the finding penalty which ��Should other he be permitted unlawful and provoeation life culties acts than on his might woula. involve to go unrebuked part be given for his would be most likely that in the ordinary some of the parties they are now confronted • 5 act to follow course in more serious with. espectfully Copy to Conrad & Conrad unlawful submitted, diffi- of �( �COMMONWEALTH vs. EDWARDRINKER It Miller's is t econ of the prosecutor, J.B. committee: That the defendant (a) to any right of way across defendant is by prescription of way across the lands to erect placns the ~ate sides the alleged right gate For the right on the the general to a right the prosecutor the right has the of way at all extend to where prosecutor is charged established with pulling down owned the land on both sides had of way, and ECi:E. fences rlauuli:Hg extending on each side to erect provisions the thereof; which the defendant open 1the prosecutor that of the prosecutor "'hat at the place and leaving to suer entitled across and fencing of way on both with gates of the prosecutor; be established or otherwise and maintain (c) it is not entitled the lands of the prosecutor where the lands the right Rinker, or through That even should (b) right e tion of the right and maintain of Sect. rinciples announced :m.rubcE.aaauocxtiri 165 Va. See also the latter part Tinsley, 140 Vao 240, of way. gates 2039 (26) prosecutor relies first, of the Code of 1936, and on in Good vs. ~etticrew, 526, 183 S. E. 217, of the opinion 124 S. E. 290 j of and cases of the court et al., cited in Terry • vso �L �The evidence fails to establish by the def en an ts was ever fails to establish use the right that to pass The principles the defendants establis ed in Gaines question on by the prosecutor Miller, to the claim it title Virginia cases of prescriptive must be borne acquired in mind that to his lands as to any roadway passing rights could that not might it be held to pass right would not, hibit t e landowner the way. gates on to his claim under over from erecting provided warranty or exceptance so that at deed was made the least by prescription any father has the right of the prosecutor and maintaining by statute. position. J. Bo the defendant the right of this the prosecutor, by defendant's tl e lands on the by the the common law doctrine nd in Virginia is especially that M:erryma, asserted the lands, have been acquired Should by prescription tack through vs. bearing by a general in whic1 no reservation • in support right from T. J. Rinker defendant by prescripti~e over the lc:1.nds of the prosecutor subsequent defendant hig way, and also acquired 95 Va. 660, and all In respect the way asserted at any time a public announce are relied that to erect such as to gates gates arising , pro- across and maintain such ��ST TUTES Code 1936, Sect. maintain gates across 2039 (26) Landowners private land over which another of way, except erect gates Constnued Held: section contemplates the gates thereof, shall the provisions 0...u- ~ .,,:)~ Sect. ?J. without open and leave public sides which extend thereof s. at • E. 354 • claiming the right of the road is on the plaintiff or on each to show that • /~cJ down fendes may points to such road o~ the statute s; or leaving of the owner, of another by order open gates runs crossin of the right not less than five open and leave a Justice '71. /,f'3~~. pull or any gate of the court, the owner or owners of land through open a gate of way of a railroad nor more than - down the permission, across or if any person which a line or any public he shall twenty dollars ~-, /&6- a of or private be fined to be recovered of the Peace. t?~-c2//7. ~ E-2.Ji'tJ. % - ~~~, ,,,,,,::z~ • • the same down, or without open the gate road wstablished than permission and leave railroad #~ by contract, the person on both or right i hed - of another before that owning road of way at all c::J~,,.,., 4481- iulling If any person, other provided on each side own land and the burden he is within fence have a private to such roads and Any persons or right of way and have fences p may erect in Meadows vso Meadows, 143 Va. 98, 129 to erect side - ot erwise such road extend TJis right roads or others where it across which fences LICABLE ~. ~::>~~, - �,) �IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,VIRGI_IA CONTiviONli\'EALTH vs EDWARD RINKER To the Honorable H. W. Bertram, te hand to you herewith the papers Upon further file a brief in this a right a gate at rights has been clearly way had continued acquire for right. ever was used, by farm wagons. 773. among other iller, It is was not sufficiently loaded farm wagon, and this for as to Miller's the defendant closed the road to provoke of the right had no right in Trial shows that a controversy. Justice he was not of ar his road, and of way so acquired is vs N. & W. the road in this agricultural to close the proper of the post towards Court, Rinker products the road in farm wagon along the so-called wide to permit attitude that of a loaded that cause with of way. to use the hauling with the driving was the right Supervisors for shown by the evidence was the use of the right any consent things, it and in such manner as to of the user. therefore, erected The evidence that is no evidence for the may have had that in this It has been shown that such a way as to interfere same. and others The width Miller as would not interfere period asked we take defenses. in question, such gate There by the extent 119 Va. 763, instance the the place a sufficient in title to be determined not to however, even though shown by the evidence the use was continuous. R. Co., that of Rinker a prescriptive predecessors to the court, comments on our client's upon him to maintain the prescriptive It the case is our contention to maintain incumbent we have decided case. of making brief It Court: in the above matter. reflection, In submitting liberty ~udge of said gate which was passage being the witnesses or a torn up. who testified and the manner in which he acting in good faith but intended �it,, �2. It accidentally pulled the gate. that at place. In this given by Rinker he did not think As Rinker he had no criminal respect the case in which this criminal liability for as he was acting under [iller for failing the post under this and consequently is like recently cutting the held timber a bona fide Turner Respectfully through the to maintain bona fide a gate belief, case against A. M. Turner was relieved from any on a disputed belief to pass no crime was committed. trespass that was to replace had any right was acting intent court that up by the road wagon in attempting The reason post:is that has been shown by the evidence that portion he had title submitted, of land thereto. �IN THE CIRCUIT COURTOF ROCKINGHAM CO.UNTY,VIRGINIA COMMONWEALTH vs EDWARD RINKER Note of Argument for Defendanj �... 1 I .... ,A TRIAL JUSTICE COURT ~ V.) ,L ' • ' DOCKET NO. I 'YS l �\ -----------. \ �C. R. WINFIELD ATTORNEY-AT-LAW, BROADWAY, VA. October 21, 1937. Mr. J. R. Switzer Clerk of Circuit Cou t Harrisonburg, v~. Decir Sir: deed ref January to Jacob certificate record. at which Please make for me an attested copy of the erred to on enclosed memo; that is deed of 11th, 192? - Deed Book 13?, ~age 456 - Thomas J. Rinker B. Miller . It is not necessary to copy the of acknowledgement or as to the admission to It will be sufficient just to note the date admitted. I wan~ to use the copy tomorrow - Friday mornin 6 in trial of the case of Commonwealth vs. Edward Rinker. Very truly CRW:EK Enc. yours, ����a ~~ . These are, ~~ • r~ Commonwea «~ltro~o/t,.,,o.t, command' you forthwith to summon the said ____ _ o appear before the Trial Justice of the said County at~ on the ~ Ill# , in the said ;;2.7 .L~,----- ---~~_M., of thHday to, oreover, required to summon g~ to appear at the same time and place, to testify as witnesses on behalf of the Commonwealth, complaint. 2:tJ~ And have day of~ there this warrant with your return thereon. touching the matter of the Given under my hand and seal, this , 19¼. ff/,B,d -r.-t'"or J.P. �- . .,,._,,.__11. ~" l -, \._~ , .. I ·,'j_ 'J_l ~~ vs. { MISDEMEANOR SUMMONS �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereb:ycommanded lo summon.......L~~·······~~ •...... ~ ~I ... ..,....~.: c::.73:;~~ JY~ County, Greeting: ~~ ..... ..... ~ :::.~:.:\:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.~::.:::::::::::::::::::::::::::::::::::::: to appear before the Judge of the ~l Court of Rockingham Count)), at the Court House thereof, at 9 :30 o' clocle, a. m., on the..l.7--........ da:y of_........................................... .-,:~., lo .J-7 ...................................... 19 ... lestif:yand the truth lo s :Yin behalf of the Commonwealth against ............................................................................. . ·······························································~··?f ....~.tA- n,ho stands charged with and indicted for a da:y of SWITZER, ••• 19 /.7, ~ .................................................................... ~ misdemeanor. And this :you shall nol omit under penalt:y of £100. Witness, ]. ROBERT .. And have then and there this Writ. 7-.f.:!:::: Clerk of our said Court, al the Court House, the... Cle,k end;" th~i~i;;:;::;-c, I Massanetta Paper Co. Print FORM NO. 457 �1f ;!I"? ,,~ j{, a, tf ~ ; . 3 r r+ (£/~ tf J • , r ~ ~ ; j - ~ ~ ~ r~~~ ~ £. ~ ~ r :tt - <, \ • _0 i �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereb_ycommanded to summon ...................................................................... ·-·················································································································-••···································································-·~···········.· ....••..••••••••••••••••••••••••••••••••••••••••••••••• to appear before the Judge of the Cir uit Court o Roclting am Count,Y, at the Court House thereof, ?.::?: ...a,Y of...... at 9 :30 o'clock, a. m., on the... sa,Y in behalf of the Defendant _?(the pros~heA . ·····-·················~··········· 19....?.710 testif.Y and the truth to C ommo11fealth against.............................. .................. . .................................................................... (R°'h& '······························~···············•································································· who stands charged with and indicted for a feleny-misdemeanor. And this _you shall not omit under penalt_yof £ 100. da_y Witness J. Rf BERT SWITZER, n/. 1!---,_· Massanetta Paper __ 19_27, Co. Print And have then and there this Writ. 1.'..d-, Clerk of our said Court, at the Court House, the...../. .. ood in J:~X+th .. Cleek FORM NO. 5 �~~-a IZ; /4-t~ d-~, (}_ ~. . .. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: :~:m•nfi=zlf~·,.·······~.~~ :.~d:: :L~~i::: :~ :;~ar 0.:;::~: :~e ...:~.~.~el~1~Jz, ~;.~~t····°-~···~~.~~°.~.r.~ to ..testif:y..and ..the.truth ..to.sa}}~~o~ ......................................................•....... who stands charged with and indicted for a-Jel-ony-misdemeanor. And this you shall not omit under penalty of £100. Witness, day a/ Massanetta . ROBERT SWITZER. ~ Paper 19]J. Co. Print And have then and there this Writ.# Clerq of our said Cou ·t, al the Court House, the../.Z. .......... and ;n thji!:l~~ FORM NO. 457 Cluk �!£!'1J'<tn1;z~ ...0...J ~~~z;~~~ vV...t--lz:f ~a-q tu~~. 'l{e_, Not finding Bessie Lantz att.fier usual~place of abode executed Oct,.f8,I93?,by delivering a true copy of the within summons to Loy Lantz in person at said e:essie Lantz usual place of abedc Loy Lantz being a member of her family above the age of I6 years and exp~a1rfnf> tr\. ~u.;port thereof to, him. -~~Deputy ~ -~ for !it.~ ~., -\J.. ~ r-•·"'~e •- r·,cc, ~ ,J \ ,€\ /l ' -',. - ~~ r.J.~~l:il ~ - .. Ji' .,,_.'" ~~ k~ 't'\i J.N.Bazzl~,S.R.C. ~ t;J"-"-•• • H •n :pocun_ - ....~ --·-,·o Joqwew u ljuJe~ I (:""' ..,;;;~~ K'2'4(!-,.,,-. ,. ..... 'f\/\ ,o,-- t; 21u1.1e ll"!l'l~n BILI l'e ".p .. ~":'"'t'~ • {.) - 10 >- >d m- ~CJ-P~lnoax3 :::>- ')I- ~,o,r"7'J' ~-n - 'epocre ~UIOUll JO eo.tj<! lOll.' �VIRGI1IA: IN TtlE CIRCUIT COURTOF 'OCKI GrlAMCOUNTY. COMMONWEALTH -v- Depositions EDWARD RI KER Deposition First National Bank Building, day of October, Defendant Court of George Crist, taken Harrisonburg, Virginia, 1937, to be read as evidence in "the tria.1 PhESEfT: at 306 on the 16th on behalf of tne above entitled of hocn:ingnam County, by consent, proceeding of the in tne Circuit Virginia. George D. Conrad, Edward hinker. C.R. Winfield, Commonwealth. Esq., Esq., attorney attorney for for the GEORGEH. CRIST, after being duly sworn, deposes Direct and says: Examination BY MR. CONRAD: 1-~ A. 2-~ A. Mr. Crist, Timberville. You live Yes, miles rignt in Timberville? sir. 3-1.i: How long A. where do you live? have you lived All my life; in that not in Timbervil.Le, neighborhood? but within two of Timbervi.1le. 4-¼: A. 5-~ A. 6-~ A. v,hht direction Well, nhat for did you live eighteen years, from Timberville I lived west. is your age now? Sixty-six. You are ac~uainted Yes, sir. with bdward hinker? before? �I.J ) ./ J. .l. i IJ J, rro J i"i .tu j ~ 0 t ;., J 1 .. , .l. .. .I. J. ~ .,·. u ~ t J ... t t. d ~ l ,J .. l ~ . 1~ J~ • t' .I. • L .... V ..l j i l 7 ,....... j J. :., l •I a)- ~ J �2. 7-Q You knew about tne controversy iller abou,:; sowe gate dovm there between on the road, ninker and I mean some fence on the roa.d? A. • ell, wna,:; I Kne, about it was what I heard over at the trial. ~hat was in the Trial A. Yes, Yes, as a witness there? sir. How long nave you known tn&t road 10-~ fence Court? sir. 9-Q You testified A. Justice on which this was erected? A. - Well, 11A. Well, A. it State It known it ere n 12-Q Miller I've ever since r ad begin began at either what ro&d it connects v,ith I've known anytning. and where does it end? place. connects with. the Rader' s Church Road and the Road. Both of those 13-~ roads lead into Timberville, do they not? A. Yes, The Miller 14-Q westerly it ir. direc,:;ion Road runs and ti1.en curves out of' around imberville in a :a.orth and runs nortn, does not? A. curves it around northwest 15-Q Timberville 16-Q it leaves A. runs in like and joins & And tne Rader's and tnat A. after Yes, road is nol'th westerly direction the Andrick Churc1 hoad also of the Miller and then it Mill Road. runs out of Road, is it not? Yes. And it winds on around in a northerly direction Timberville? Northerly direction and tnen they connect up beyond7- �l l J 'I , l ... I "j . 'I . .) [ ,v' t. • l .r j b ) .J .1. . I1 . .., ll .. .., 1 l �J. 17-~ Andrick Mill (Interposing) hoad, are tney Yes, A. 18-~ it ~hey are connected by the not? is ~ny~ay, iell, connected. they both run into the AndricK Mill hoad, do they not? The Andrick A. Rader's Church Road tnat I have it A. Here is Yes, 20-~ point is also connects into here road the v,ay hoad coming out there. Road. tne Andrick nere tne other Mill road, Road rignt at is Andrick ine Miller with Yes, Mill A. property road. on the Miller hoad before Road, is it? property fence and runs was erected across goes to tne Rader's not? through. And xxx on ·the vay across land and land mountain road on wnich :this Yes, goes clean 24-Q is two roads sir. to the Miller does it Church Road, and these north tne Andric.K Mill 23-Ci: And tne next Rader's the same road? and go on to Mount Olive, connects Church Road, is with rtight A. Neff have to go around the Miller runs And here 22-Q in right otner e • A. that this as snown by your diagram? 21-Q connect witn to you. ~ne Miller that And it A. and that oad connects goes on to--I'll drawed to show it 19-~ that \Jiill that you used there it to own down there passes the and is now ov ned by Deavers? A. 25-Q A. 26-~ Yes, sir. How long have you known that vell, I can remember it as far road across back as fifty Wnat use has been made of tne road during there? years. that time? �...... J :?81:U G -:u1.; s !.d ~ S' V "' , ; • Q9j . ,..jJ 1,G~ "" l s·r;; '.,SfiJ OiL '.) . I O!J Jl l. ...1 ;c.i lD ta~Y ,1 " y 11 1 ' }_.a.,J , 1:. j , ..; J... i. .. (. J i,r ~ (' , :, :J 3 _._, .)V ., . -· ., - I l1. J >l n.. ,-L .. ., r_ 1 . ,,l.4- fl .. j l •. l . ~ 1'.J j , : l J •J' '• 'I .: -v •. • ... ➔ J t J..l ~ ... .. "I.::F>l.L ~ ti .J ..J ...•. J' L- ,llv '1 J:, i j .... 1 .J. l. 'I - ,v a.to ,:! j 1. .L • l , 1. • rl. (. .l ... J j l l l. '.( .[ ;J .J ... d! • ·1 t "' ~ J. ':., :( . ... • 'J j • lv ·j ; _, ; ;J ' ob .' '1 uf h v u -.J• .1'! ..l'J I I ,,. v"' H.u. 1 •• ). ' t ...;'"l .. '!.. -J .J 1 .L J j .I. Jt !T ... .1l ) I. -(';U f._, 1L! 'HJ .. . • f1 .,., t, ,. ;,i ::;) ) l. • .... o D 11:Lf' h.' • l • ::,. J )J 1j �It has been used by tnose A. there used to go to their it in going only Know tnat farms, through and, there people of course, that said is what I mean. tnat and some of the witnesses fill silos, lately lately, because said but it they used hasn't silos over at the 27-Q What, if any, use did the public Well, but I trial. make of that The public, road? or Hollar to go through there and been used very much by the public nobody but what has land in there uses it 28-Q Has any use been made of it by peoyle Rader's in some of the farmers when they went to fill by what the witnesses A. nad land very much. going to Church? been kept A. I couldn't 29- Durig tell you. t e time you've known that road, has it open? A. As far back as I remember, JO-Q Do you A. Kil.OW It wasn't how it it was kept up, repair it their crops ~ell, and keep it repaired? kept up very much. 31-Q Do you know who did repair A. has. the people that up enough that it and keep it owrai the land they could get up? in there would over it and get out. It 32-Q A. Yes, 33-Q A. 36-~ A. rlow long I helped by those keep it I don't years. piece in there? of land in there? know exactly. road to ha~l crops to and from? sir. Haul seed in and crops Yes, people up myself. did you ovm that Did you use tnis Yes, 35-Q A. sir, About five 34-Q A. was used generally out? sir. Did you have any pasture No, we farmed it all land in there? when we had it. �1 r ..,1 0 .. L .. . ·1 ..- .t l- ... u u..; ' .1 .. J J ; ) ,'( :!::, ) .) J·v ; ~ L ~ •• .L .. l I l V .)l .. J .., J .i. J ' .1 oJ j J -u • 1, ~ 9!1.:t J .• .1. (., ' '!U ...1, l , .lJ. ... •l \, - l J 'rd J j Oc C. tJ~n Lt J. ~ ... . ' .., • ..._ \. .u ' .11.J L r I) .. UV ·r_v . .. .... l ..... . ...... ~C.,'IS 1 -i:1:e.nj Qj '1., .., J.. J .)., A . t .. l J J.,J 't . .t, , 't .') ~J.f i,,L) j 1 J.. • L 1 ; 1. ' u .J .l 'I , l ,I I .J J u .v • l. gJ J ..,l, . t .1 •• 11 91IJS')Q J. i j J .!:• , ,I <j'.11!:> 'L ...fi J c?.f I:JL.1..L1 tl .:uo. J; r[ 1 l 'J • ti I•' • l .llS J • C. I t t .. JJ JJ J ' l ... fJ.JL l2 .._ ·r :1 . , .. . () ! ,~ l., ~ .1 ! i . 'J. • I • .,_ , ~ .. I I " .r. • r "-- • .1:1. _j _,, - ,.,, 'l ~ , ... .J.. J ) '/ ... t ' ,J-., ~ ... ,{ T ,;- - .. \ . _ . . ,y .' ... .LJ(;. 'I'J ., .l D:JS '· .J....,..Jr... i .. Jl .u Jl ( • d, .J 'i J -~ .. I -... I I., . . J ,.; ... .I. ,._(, r L ...c:. 'f" ..... lJ . ,., J-., ·- l. !J(.; l , J. L ·• J. ' l J. • ti . I " ,A C, l., i ... ... (,, ·.. V ru, 1 ...J . jl ,v ,J l . _r ,J'l l 'It, 0 .l. l J ) , 1 \J �5. 37-Q Ever been any gates dovm there on the 1 iller end? BY MR. WINFIELD: Questions objected.to as to tne use of tne road by the witness are as irrelevant. BY MR. CONRAD: 38-Q Was the same use made by people land, whicn is now the Neff land? A. What is that? 39-Q on that Did tne people road make the A. fence was torn there Mr. Rinker Up to ne time you was farming it at tne same time the 41-Q of tnis This il er fenced u the road, had on it? I remember of. Not that A. is a diagram which you have made of the lo- road? A. R. adjoining down. ever been any gate cation who Ohned the land same use of the road? Sure. 40-Q BY wno ov1ned adjoining Yes, it is a very crude one. CONRAD: 1 1 11 mark a cross the road that is in question. and the part here in ink, The rest in ink snows the rest ½ith your approval, of tne diagram of is in pencil of t11e road in question. WITNESS: Yes, sir. 42-Q I have marKed The part 11:XX" is where it was fenced off? A. Yes, sir. 43-Q You lived this land for some years, A. BY nR. CONRAD: Up until within three-quarters of a mile from did you not? I was twenty~one years old. �.,. ll ~ nc J .L., 'J !..J.l.: .:d ) ·rt JO l '!";.JV .. .!I •• ( J ..., ~ C~ .J - .... i .., . ..,.1 '- ::J .t v V tH j ,l • l _J,. ,.J ..... .3 • 9 .., _) 't J . .. • .[L -• .t ..... l L l ':j • .. ) 1 l.. ,B v ..,'.; :; )9(.J . J ., ~ :':I s ~e iJ 1. . .., !) 1 • .J.o. l, •• .'.l ,J ,. (_ ~ ,j ~ 't ..i.. I l l t .; .. L . .L ,J . 1 ... I r~ , i J • .. ! ..I. l l, LL ,H. ,, . i l J 1• ( . t h ' . ; 1 ia .L,l • .ti ~ .. . J '- v •• 1 v. .,ll;) '~ ~ •L .J ::-- , 1 r l J. .,. .. _J. • ·1 n >' 'I , ' I.JI I J_ l • .. . 'I 1J'I u l::J'I • l . ,; I.) t l e ~ ":) llu • .I. ~ :;;Vl d D u t ,Jl 1!J l,11 , 'J.._, J J : l,. j, .. " J {&. �6. BY l'w . CONRAD: I ask that for this iagram be filed, marked as Exnibit the Defendant. MEMO: Thereupon, the diagram as marked and filed as "Exhibit, George H. Crist, No. A" to be read as a part of this evidence. CROS BY NJ.R.. W 1 FI!'.;LD: 1-X Mr. Crist, which is claimed by tne defendant, A. V 2-X hen did I last I don't passed over a. passed that land .hinker? pass over it? you say approximately 1918 to about over it how many years since it? Wel~, if quite I sold tne land 192.3, I think, often; passed about--,e owned that and dur.1ng that over it land time I with my automobile during time. 4-X adjoined The land joined It Charlie was Charlie from the J.B. joined Jeff you say was owned by you, at th&t time, this road, in tead John Hoover and Charlie road, and it of Charlie Neff, Neff 1 s aunt. land? Did anybody have a tract The leffs 7-X l'he Neffs and tne land A. v1ell, this North. 6-X A. aunt; along he land which was o ned by you was in what direction Miller A. laid and John Hoover. Neff's 5-A land tnat who? A. it over this remember. .3-X Can't from about pass Yes. A. you last when did you last sir. between? owned a tract. owned a tract owned by you? Yes, lying between the J.B. Miller �TI ,- H~ ' . ... ,... • ....- -;:.·-raor r•(;"" ( .,.qi; ·: r,o·· I., • ,. ,-. .. ,-, '1 • f;, n. --~ t l (TI, - Tc' •• , y ; r l'.'" i CI ·.r.'1...,. f' CT":) 1 !"" r·•·: r:'OrA • T f" ., r0r ,'". . .,...- ' r ' • - , t'r_r·c r • !"_I Hf' tr, ._,,..,c'"1 rr:.rrrcTT t· rr.c ,-- TA ~ ,, r ,,. ~ - rt Ct· r'' - r,- 1 -'r .f 8 ~-lsr. l. 1 ~- frmJ,f ! J ru:cr. f ,,·-1r-:-;,. f'"' ( ; r·r r I -....--r,. ' '~ ,rnr, .., (~n.r f ••• ' ,.,~.-,.~""--;; r-· -· r q· ' ·- f .. If • • {-" ... -r T ~- ~ ·rr f"' < ,..,....., ,-.,.,.-,...~ ... r· r1_._r·1 '\ ~ . ") r- • ('C- rTY• ~ C - "')", ~ .... ,0"'"_1- J'1 ~• .... rr., :, :T ' rr ~ o '1 ) " r ' ' /,,Tt'()•• .., ..-rrr ( "'/':T(','! t'\'l'T. C ... ti". ,...,rr1T 'T ,-·,.,.,,. _., ~ T! pTr F' .. ();!'"• '.L. ,..f.T.tB ,!r:W _v r: - r•-;- "tr ~--r . , \_i'iif1 •' ~ ,: r , " ,. ... A . .. - --~1 ' J r r.;-. r ,..._~- • " r: • ,.,n~~, r r· ,, rr.,. ( r n· ,....c r .-\~ •, n -. - .,. r r ·, ~ ,....._ C_, r rr. (:,. f)/1.r' ,.,I . ...-..- ... ,. ~)--:) ! D:Vf r,rr ~ , .. ..- f·fTt . , re· rrs T -· , :;-. ~ r- -. -~ ,~- l • ,,,, t r-OOJJ :-- Tt.rt"CJ f f (.".-f.' ,. r.; () -~"Gn M .. t"" ~ Tr f?l'Y •• I.I. ...._ y r, ft~ l ,C C T ·~·--'( ,. •• ' ~ ~!_I1.\ ' J.::TrT'~€"" t,.,. :--,.. .._.-r~:•:;' r::..,.l';._ r• !,', l.L1';:r ., ·,;._-'--~,-;I - t •' ,~ ~ ; : 'G( • -~· w· ·•n~c p T~ ,q~.-1 c ...r TT'Jfq T-\~ r •• - ;-". i ~ r ,..·-r· r,,\ ll'•L. ~r-...,C ~ ,.,.( ~, ;-~-. CL~~- • • f .~ I c· : ;- r .... 'j_[i(,I .c• ,.,. 1'J~- -:_- r•Tll rr1 .: . :-..r A.0"1" T'r r 0 •CI • L tj'Tlfl: rwJF' - T. ~· tT r . .. ,..," !' •• 1, .-. . r, c,. r •· : . ·•p·' ~I,~-- ~ t 1 1f[ ·, y" C • ' • : f - 1-t•c"''.:" ~ { . '.' ' . r· ·,:: n(~t euqr-u: • I ~) r---1 i=.n r....,. ..• tT2"f{" fUITf tTT r c' q r~f-'., er~; P' r :,-r,tf' ,._ :n:, - -·8"t:.Jl"f'(! n rxin nrr r, �7. 8-X the outlet How far given by tne lane A. it 10-X road tnat "ould How far would nave afforded A. leave that 11-X wouldn't way. o t e A. Yes, I come out of this I'll ader' explanation, A. Road? it ~ould but I'll yards. to a public south, road would nave road, but you see (indicating)-I'm asking you for is of that to come up to tne orchard. road would be. that hundred outlet (Interposing) "el~, Mill step9ed I'm not asking tne outlet .nat you wnere the nearest I say, you for to tne nearest 300 yards 600 yards to tne other, miles to where I want to go to tne orcnard. off to tne public Church Road? road, I'm asKing outlet No, 600 yards I never outlet the nearest other to the public I would say. coming southward say six If I would nave come out here 12-X 300 yards, nave been to the nearest it? Your nearest been northward O½ned by you. I would say 600 yards. a mile, about of the land as tne Timberville-Andrick Well, have been half outlet point would it Church hoad? point? nave been about you described it to the Rader's From tne nearest A. the lane "that was owned by you from You mean from the nearest 9-X that was the trac"t but to co e out 300 yards an road. to one end and throws me two Vie hauled fodder and hay from the orchard. 13-X As I understand which is claimed Andrick of J.B. x ill extended hoad, Miller, first your diagram, from ~hat yo in a northerly the lands of ~eff, this rlght of way described as the Timberville- direction through and the lands the lands owned by you, and then eastward? A. No, it goes west. It goes west from the Rader's 14-X I'm asKing It goes west from tne iller Road. Church Road. you from the ~imberville-AndricK Mill �0 j • .J ... j .... l .L ,.,J .. l .l. J J. t <., V �8. Road, if you'll A. Mill just follow Well, my question. goest it west from the Timberville road. 15-X What is the general by you as the Timberville-Andrick A. Mill It started Road? Mill Road? out from Timberville soutn-&nd -chen it west. 17-X general I'm not speaking direction. Isn't A. Yes, 18-X goes off does it from that of every the direction you as the Timberville-Andrick Mill sir, westward. Then this right Andrick Mill little of that turn but the road, described Road, westward of way or lane from Timberville? referred Road practically by to by you at a right angle, not? A. west, although pert of the road described Yes. 11.. turned direction 'l'he Timberville-Andricn: 16-X near Andrick No, it complete I say it nearly goes--at west at the other starts out south angle? No, it goes just as road as from Timberville, and turns west and they are both in the same line. 19-X Wnere does that on what you have described A. 20-X the public a right or claimed right as the Timberville-Rader's Where does it Abut, lane of way abut Church Road? what? come to, ¥here road wnich you have described does it come -co tne road, as the Timberville-Rader's Church Road? A. 21-X It goes to Mount Olive, wvhat is tne general by you as the Timberville-Rader's A. west and it gets When it starts to the mountain. direction of the road described Church Road to nader's out from Timberville, out to the Neff place and it it Church? starts goes northeas½ out then �, m.d:j j. l'u ) .. J j l 1 v 1 ... l .. .J ,. ..., .l ,J i.l .._ .-r_, .J ~· 'J t l .... ; vO ') C 1. -J. I !)J ~ A.- .,l. J .l. .l .. ,.., . .,, -1 ~ :J L • .• . • l.. I ., L'1 J1 l 1 A ~I 1 r . t "l .. > , I C, .. ~ I1 !,:; J J - . L ... v I •v .' • , .... 1 ., t . > • y .,. • .J J. , .- .' J,. .., V • l; V ~ J/(, ) .. t !. V "I ..,..., , .- :.:I .. l ' ) (J (., 1 ~ ... .> _, J.. .., l t ., l .., (..j ... J. .., . 1•. ';,. l JJ . (.. '. J.., J , ,, 0 I.,., j . l. j' .! I j . rJ 1,J J..V'.f. l l . IL .r J.., L,, ~ . ,; ~ > ~ . J �9. it turns little again turns at tne tlart dlrectly 22-X place west, Aren't 23-X just the sa-me as the otner you mistaKen Absolutely A. and goes west and continues with two roads. as to your directions? not. What is tne general direction of the main street of Timberville? A. it is about it runs east directly The general direction of Timberville? and west. To stand at the railroad, That is, Part would be directly turns of it is west, the claimed the way it of that road from Timberville absolutely and really direction part not. Part of it of it is south. is north and see it iou with hand). Mr. Crist, how long since you have passed over rign t of way? A. to 1 23 remember ~nether 27-X A. 28-X there the direction No, sir, (indicating 1 18 the way i-c would be west and part Isn't 26-X about would be west? s Church north? A. part direction to north. 25-X 1 I would say you mean to say from Timberville the general A. to Rader I guess west. 24-X Rader 1 s Church Well, a gate It must be; let's and I passed over it I have since tnat You don't During to the Timberville-Rader 29-X I think during we o"ned the land from that time and I don't time. remember 1hether you passed over it since? I don I t remember. tne in the lines A. see, Not that Didn't time when you ovmed the lond, of Henry Neff wnere that 1s lane wasn I t came out on Church Road? I Know anything that about. Line pass directly through the barnyard �. ' _j .l J· ..L l j .L J., .J J.v .L . • ? J. .J .... .'~ ... l ;J .... .l .. ... ..., .I. .l.., .. J. ... .., . !. �10. of Henry Neff? A. I guess it No, it was forty was a big wide space yards 30-X You A. tnat lane Henry ean to say that No, his 31-X barnyard Isn't reached wide but it the public never his that road barnyard up. was left up with further there down at tne road. was closed was fenced a fact it tnere his 1estward was a gate open? barn. from ~here in the lines of eff? A. Not that 32-X a field I ever That gate orbemso arrange een. was so arranged that it ~ould that shut it off would open into _µassage througt the lane? A. I dun 1 t remember anything 33-~ land referred extension A. owned the land of tnis Jn tne easterly 34-X A. on the easterly referred side of lane? side? Yes. I expect Kate Reamer owned it. 35-X Do you Know w110 ov,rai tnat party it. Do you ~now who, at tne time wnen you owned the to by you, the soutnern about to as "Kate Reamer'', land before Haun or the wno was the ~idow of one Joseph Haun, was sne not? A. Yes, sir. 36-X Do you K:nowvmo Vined tnat when Haun obtained A. her father and I guess ill Was tnere Yes, 3B-X or Anderson's wife. bne got it from sne owned it. at any time Vlithin A. _µrior to tne time to it? Anderson· 37-X land title land sir, a barn or stable on tne Anderson Will your recollection? there was. Does your recollection reach to the time when �. . 11 J l ~ 1 3 • " • .l • 1I ! J. J.., .., j .d ... 1. . 'I • ~ .. ! I l -~ ) ,. . l . ...'I J e .L... V ..J . .. V r .. {'I t.., . ,;a j .lo .l V . U• ..., V ,I • J j ...r Jv ~ ! i JJ .) ,, "' '- ... , . , J .. ... . ,. ' . .., ;J . ~ . 1 i.l . j ..u J 1 ,-; t'- ! ~ .. I ) ( ,. .. '- ... _,. I ! .... .J i. i (' , {. .l .L L '. , r I ... .1 .. J j l .J .i:~ .. , .l ~.., t (. , ~· L �11. Anderson 'dll ovme:i tne land .t.ne barn was put on there 11. it, l'he barn was put on it time when Anderson--tnat yet, doesn't but I haven't Yes, stable but was there, Haun owned it--in it is there yet. been up ~nere for 40-X ovmed fact, it during remains the there Well, I say it is there yet, a long wnile. About how far east of the lane is tnat barn or situated? How far A. east Yes, 41-X A. of tne road? or to the o, it ain't right we'll say? to the right. It is to ~he left. de1Jends on which i,vay you &re going. 42-X far If you were going to your right would that Well, A. 43-X gateway in the lane place. the road gate the lane, have to be a guess--200 that almost I ever The lane Let's see .. for how yards. many years there due west from tnis remember. The lane was a barn that came in-~the came in or down at the creek East of where the lane ~hat we are talking about east of the went out through to the Haun barn--I remember down there. 44-X Just A. road tnat tnrougn be? a fact at a point Not that went north. Miller it northward to? A. lane barn it ~0uld Isn't you nave referred that Will it? A. it, when Anderson I think. 39-X it or when tlaun owned it? goes Well, through 45-X A. 46-X ••here it was the gate was about a hundred you say you remember? yards east of this there. A hundred yards? I can snow you on this Start that first map (indicating on the Timberville-Andrick diagram). Mill Road. �. l.L l . r L ... .I. -- iJ l. 'I 11.s.1.. '!O . .,.,., .r. l .Ll,i J d fl'! 9[!· .A l '"!"9! l '1 J, [. "- J" J'I IDJ.sh .., b 10...:·r~ • .J --,- ... J ... ..... JI J. 1 J . ..l. l • .,.)( ...,.; ,._, .!'L " J ! ] 10 1 .'y_ ~ r ... :) L... I &nJ" dl1 l l J ... ( -; 'l J "' J I ,, ..# l ,,,._ .. .,_ ...... t j !. . ) ... .J JV . -, J. C ..L - )' A •r ; 'J .... - t ' .... J .. 1 ~ . ~· ' .. ) l:) .L J .l.. • J'" !l9'10£1.j J J. . ;j . 'tJ.L . J. ~ l Jr! u .uU \ ·- ,L l. i ~ . J l, '"".,:,:,l'" -¼ .' , u ;J ~ ' ~ •o,1 ,... :) • ':.J (). .... r L, ~ .J' .JV , .I. .J J ,,. J;J . l ~ ) > f II 1 ,J Lu I -i .. j ;J .) .., ; .. u V J l f {.,., .... t , .. . J ) .I. I1 ...iJ..... ~ •r .1 . ' ..... '-" I f ' ' I •• J .t J . b'I ! " J 1 .L. l. ,. J. ... l ..1 l. j_ u..! • l J ! 3'.L I.: t i;, , f f .. J 'I . J J. U I j .J •. J 'J. .l ... J t--Jl '- 0 J - J\ ,uJ 'I �12. That is where I'm speaking A. Right in here Right of. here two hundred but that was on tne Miller 47-X say you don't yards A. barn. hignt on your plat? Miller here or a hundred lived (indicating). is where that yards. gate was, It was Haun 1 s gate hoad. My Question recollect that is where Casper would be that probably Wnere is referred to a gate on that lane. You a gate? Tnere wa.s none there that I ever seen since you ~now, Mr. Crist, that in recent that extends I Knov.d the road. 48-X that lane, Don't particularly as to reacn part of it tne Timberville-Rader in br ch so t\at 1 it 1 that years eastwardly so s Church Road, has been grown up would have been impractical to_ pass over it Ylith we sold the land. • teams? A. I don't As a raatter 49-X A. when ~e sold Know how its of fact-- (Interposlng) ~ne land. been since I~ might have been as early You can get tne record over nere as 1 21 and find , out. 49-X land througn convenience (C0n 1 t) v'hicn tnis As a matter .1ane passes, of ~ne general public, of fact, just I isn left tne owner of tnis it open for the t that true; 'and for their road ever since I ~no½ed it own use? A. it No, it was a µublic was an open road ever since I Kno1ed it. 50-X,, What is your authority public for describing that as a road? A. life and Well, and I know it 51-X supervisors I've never always heard was closed. Have you ever or commissioners? old people say it all That is wnat my author~ty known it my is. to be worked by the road �'I J. j_ ...,; J. L .., { .. V I �13. A. I suppose it was. 52-X I'm not asking you ,,hat you suppose. you what you Know of your personal A. I say, Knowledge. I suppose it was. 53-X But I'm not asking asking you hat you ,mow. A. I Know I've helped 54-X You've helped Yes, A. that land sir, when I was going Getz, you what you suppose. work it a ready. during on fifteen work it during the ti'-'e tne time I worked for or sixteen years 55-X You and some of your neighbors that road, is that A. I had Barney old. united in working true? I don't when I worked it I'm ~orK it? I helped and I helped there I'm as.n:ing know about that. I was paid tne time l owned it. except for working I worked it for my own use then. BY ~vlR. WINFIELD: I thinK that is a~l. BY MR. CONRAD: Do you waive your signature A. Yes, to this deposition? sir. And furtner this deponent sa.i th not. Signature waived. BY MR. WINFIELD: It is stipulated ninker, admits that warrant issued on the of ockingham of Peace, Miller, Committee and agreed that he did commit the acts 20th day of July, of J. County, D. Miller, the Defendant, charged 1936, on a warrant against Edward in the certain by F. L. Reid, a Justice sworn out by Casper the said tdward hinker. C. �•,. L Jl • c! ' ., .:, L . T J J ~() . l,JJ - . ~C ,1 lA ··r JL ,13 ',, /I~ r, iv' l ~ .l • ii .' .1 J j,J • X ~ ~ ~ j'.,_ [ f19 , ,...13 }' ... 'I,,., . ... J ..l !l ., 'I I J.:. tiJ .. '!O , l .C ~ , .... .- ...,( .. l. J 8 ,lJ.. J ,. V J .., C. t .J I u to .1 ' t v-1- C,i l .rl LJJ fl .. 'IOW , l'L, . ulo ~1. . ,. l r, ! ) . t ... ) '- ~ .J ..... ~ .i. , ..I. '.!, ~ ~ ) J l J . 1L t 1 .... 0 J J. • r "' j l 1. , .J -" ., f J .J_ , l _:,l ;, . .., "' r ~ • ),J. . ) l, J •• ' . '' J . .) ', • L.. '.J -~ .., ~ ,. _,11j .., ~ {..' '(J ,LJ iJ L I., 'J .• i .... .., .J ~ J. .1 .!. ~ r ', t - - . ! • I ... J l ....i. .1 .... I l , .. J l l �14. BY MR. CONhAD: We, of course, as th~t are not going would be equivalent to a plea to agree to tnat stipulation of "guilty'' to tne warrant. as the said Edward Rinker BY MR. :HNFIE.LD: 1 You may add this: does not admit unlawfully tn&.~ tne acts Except charged in the said warrant were done by nim. BY MR. CO·HAD: We'll Edward Rinker and that admit was driven the fencing that a wagon driven tnrough across tnis by someone employed by space and pulled up a post tne road was removed and was not put back. BY lli. 1 WINFIELD: That is a 1 tnat warrant snows. BY 11iil• CON AD: We don't across tnere admit the right nor do we admit that of Miller it to maintain was a lawful a fence gate. BY ivlR. WINFIELD: I understand that tnat q estion is open to you as a as tnere exceJt defense. I want tne stipulation does not admit that Isn't nis it acts a fact the gate, was such tnat you could ~ass it tnat tne defendant were unlawful. tnat could barbed wire, or whatever constituted be opened and swung around such that tnrough? BY MR. RINKER: It was tied up tnere and~ don't call tnat no gate. BY MR. WINFIELD: If you don't I won't BY liffi. agree for agree to tne facts tne deposition charged in the warrant, to go in. CONHAD: Add to that stip lation that tne stipulation is witnout �vl '! J. 9 t;j ( ~ a l .r ·1. ,J '[ l :; j ( JJ l 'I l ...e �15. prejudice to our right had no right that to close tne gate to maintain our defenses, up the road by a fence he put across first, or gate, that and, the road did not constitute Miller second, a lawful gate. BY IVIR.WINFIELD: I think we can agree to that. STATE OF VIRGINIA COUNTYOF hOCKINGHAM, TO-½'IT: I, said C. Overton in the State day of March, George H. Crist Lee, of Virginia, 19.39, do certify was taken a Notary that in the caption thereto. and for the County afore- expires the foregoing and sworn to before at the time and place .oo for whose commission to typewriting Given under Public on the 18th deposition of me and by me reduced the purpose mentioned , 19.37. �.., ... ::JZ (_ J ., .., ' J . J , ., 1 .., . l -. J J ~ L' j~ . . ) ) V J .r j J.... . l ,1 1 ) . , .' ! ~ .u V ., ! .. • • J J 1 1 �,'( '(· •-"' -,~ >\(\', ~ ......_,__--__:.."' J - -F- - 7 - 1 r �.. I .. .......r \ D �I f·I '1 Al 5 - �- . ���< ,I" v.._ 0-, '; ..- ' ~ c..o <.() <:" ciJ r r ;J;. rr-1 :J..j j.. ,I I b ~ t: ;I J -P/w'!hcJstc),'l ._ Mu 1r ·,o t "'", ' ' -, ;, I I/;. L/.1./\/ ._ 'V. �• ( ��� 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 Edward Rinker Subject The topic of the resource Breaking and Entering Description An account of the resource Defendant charged with breaking and entering 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 1936 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_009 Rinker https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_012_commonwealth-v-edward-lewis-shifflett.pdf 7da9da213d344c040af8599bbe24017d PDF Text Text Docket No . .1// 0 &; . EB COMMONWEALTH of VIRGINIA ~ ~~ VS. B no ~ ) #1 ) Felony (murder) ) /i EDWARDLE\'/IS SHIFFLETT Wm. C. Preston, ------~Own 1963 Ott. -~ ( JC) 21. Return ( ~f, ( cl ) of Grand Jury. 11/117 Oct. 21. Accused arraigned and plea n. g. Set for Dec. 24. 11/!!'f Dec. 9. ~a1,~ Charlottesville -------~P· Appointed ~ A~ ,~~ ei~ 1964 Feb. 24. J;,~. f. Continued to February Term, 1964 on motion of counsel for defendant. 11/144. Continued to March 9 on motion of accused by counsel. 11/161 J--:---r. ~1 _c~~~/;-u_~. ~~ !'~, 11~./o.7~~· ;/,_r~ ,,,,,;,J ~ ;:,,...) µ. ~ b,- b- G-,._,,, ~. C4-~. 1~~!'1-~,,,tA;r~~'}La ~ ~~I.._. µ- ',,(_ _ ~ / t" ~. ·.,,,1 It ~ ~-~ ~':1::::-,.. 'I--~~ ,U,1.- ~~ !.!--r6 ~ . "IF~ ~-e~/I /I~ = ~ CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �"" ..z ~ II .. 0 z z"' < 0 • • 0 "' 0 .. :r .. ' .... " ;: > "' "' �.0 0 .0 0 T .8 0 .8 0 .40 .8 0 1 ..60 .8 0 .8 0 2 .0 0 .8 0 .8 0 ..40 1 0 .0 0 T ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ................ J ames .._A•...Roberts ....................................................................................................................................... . Velma Roberts to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth .2.1.s.t .. day County, at the Court House thereof, at 9:30 of .....O.ct.ohe.r ........... , 19..63.., to testify and the truth to say in behalf of the before the Grand Jury, against .............................................................................................................. . Edward Shifflett who stands charged with"fttltt-iftffl.et-es for a felony And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's RY~Q~1~·. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the.~.?.~.~. of ......~.~P~.~~1?.~:i;: .................... , 199.3-..., and in the of the Commonwealth. •••••• ~~~·································· ~• • ,cf, 0 18.8.t.b..year Commonwealth's. Attorney �:-:-c_ ~,f._7:-_?,,/... I, THE rou~rfy F 1· • :·. ;·, ~ ..•..',•\ BY DELIVtR G A UE ·[,'.c•-: !:f.l.1N E/ECUTE~,?. THE C BY DELIVER! ROC 'INGHA,A CO I~'.: Y..IT!·'I~ d7.~m~?.'.:io:".7.. ~K-.1 .. «~ .. ••. ,/J,L~W~o/~·: B~~---~~- . .... S. R. C. .. D.S. R. C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Officer Noah W. Helsley Officer Harold Wright - Elkton ····················· ...... ····················•·················•······································································· ••••••••••••••••••••••••••••••••·········•••·······•····················· - Elkton Va. '····················•···········•······························· ••••••••••••••••••••• Va. ., ·····························•······•·•··•·····•···••••·••••••••••••••••••••••••••••••••• 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~J; day of ......9.~.t.9.1?~;1;' .......... , 19.9..J.., to testify and the truth to say in ~ehalf of the Commonwealth before the Grand Jury, against ............................................................................................ •.................. . Edward Lewis Shifflett who stands charged with Xlrdt1udmtMkfoca felony Jllkuxooimut And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ...8t.h.. of ........O.ct.ohe.r........................ , 19..6.3..,and in the of the Commonwealth. .1.8.8.t.b year �r • ti " • , •• , A.L .. • • • • • • • • • • • • • • • • • • S. R. 1:XECU:~D/ .' .-/.p~/IN THE OOUi'..f~y'S ROCKINGHAM. BY Dt:LIVE~ING A TR0.::. ?I~.,..-..,. COPY OF TH::: TO • IN PERSON• STRAWD~P~~'\ • . . . . . D. S. R. .,,.,..,• S. R. C. . •· •, · · £X€CUTF.OI.O. .-,I,?:<--: .<.INTHi COUNTY~:, .OCKINGHAM BY t>Et.lVERING A TRU~ V -:-~,;:"~. -L COPY OF 1Ht= WITHIN -~ TQ/«:~J?.?:0~. IN PERSON. '.~ IL:SlRAVlf"r"l""" . . . • •-: .................... By �fr In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . .................................................... Anna .. Mae .. Shifflett ..-...Rt •...113.,...Elkton., ...Vir_gin.ia ......................... to appear before the Judge of the Circuit Court of Rockingham County, at the Court Ho~~~~· 9:30 o'clock, a. m., on the ...?.~.tJ::l day of .......f.~1?.r.~9:.r.Y ......, 19.f>.4.., to testify and the truth to say in behalf of the Commonwealth ~lhiK&lffla1XJutJ, Edward against .............................................................................................................. . Lewis Shifflett who stands charged with and indicted for a felony :mudeHJeXDl:lX. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ..J.J.~.Pof .........f~J;u:µ_ax.y ....................., 19...64., and in the 18.9.th. year of the Commonwealth. ···~·········~······················· ~~' Commonwealth's Attorney �EXECUTED. J.LJ-:ftH.. IN THE COU, TY 0 R''CKI GHAM BY DELI ER!NG A TRUS COPY OF THE WITHIN ,,/2:z,·.....-....... .-.1-;.-. -:-- . 'Pl'/. _/> , OL/ v.,..,_....v J , • • IN PE!-< ..S'.,N. •••••••• By ..... a •••••••••••••••••••• , .................. • • ~ • (/~/ ?~6 / .,,- .C. • l.~ ! S. R. C. D. . R, C, �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham ~u are hereby commanded County, Greeting: to summon----------------------------------------------------------------------------------------------------------------------------- /~--------~-~-~----~-~----~-~----~~X'?.?_~---~---~/?_ ___ ~~~-~-~~-g-~~l_ll ___ ~~-~~?;J~~---~Q_$_p_t_t.~J_, p-~_, __Dr_. ___f._!____ ~_! ____ ~y~-~~------~---~;rgJ~_$._$_~_QD_~J .. ~~Jl9.Jn_g_, to appear before the Judge of the Circuit Court of Rockingham ___ liar.ris_onburg. ____ tta;i;-x_i.s_onb_ur. County, at the Cou _____,...._ ._~.,___~-- ____________ _ ----- , at 9:30 o'clock, a. m., on the __ ?{tJ:;hday of ______ f._~1:?_r_ya-,;y _______ , 19 ___ 6.4,to testify and the truth to say in behalf of the Commonwealth .bmoccud:kttxkxDdo!DJ, against --------------------------------------------------------------------------------------------------------------- Edward Lewis Shifflett who stands charged with and indicted for a felony IKiliihKKoox1x.r. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the.J}~_b of _______ f~_RJ;'.~_{:IJ;:y ______________________ , 19 __ 6-4__ , and in the of the Commonwealth. _1_89.t~h year �Executed on th/~Y 1 1HE C .:·· ci J. ~ R. ~- 17,f( i;" t J C•• ....... DEPUTYSHER!W' c; r,. " :;;,. !·. .......... o.·., ,.,, the County D. 5. R. C. ..... SV DELIVER! :2-(r,(ytN i...1 19.. ~-·"'r; ·,;·, 0n • .~~/. .. ..WD• . /0 ·,:r•· .~ :72 t° \A}iT ~XF.CUTE0 ROCKING 1AM n of ......~·········-····• Ro~\;1~;:;•~~:c,ll'.:giz:t~~b~~cc,z fii:dir:gh~th2~e,o;-2:-:yc·:~-.-rj.•-.::....::u~c;~/ true CCiJYOfth~ r J:':c r·1::;.::--••·?:J -;:, ·:~.~~_;~>:,-:~:to~~~~:~ c_,1.!/, !_:.. _,_j ~~ rlocr of i~ ......L.:::u!..;::\~c8c;' r::_,·:c...J.. •• .J.,.:LkJ...:..i:-t ..,<./.&~ ·······+·•·······,,..,,.···,····A··t-·;1:,4;~RMAN················-· iIJ~ �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Chief R. L. Deeds Jr. ·······························································•··································'············································································ ••••••••••••••••••••• .................................................... ~.~!~~·~·~···~.~~~...:i!..· ...II~.~.~~.~Y ........................................ ~~>)'~,·· . Y >i'[<91l'~ •~O\ ..... ........................................... ()f~~cE!rJ:Ia.1'().ld(; •. j,jrigl!t·······························;{ .. . Deputy ~l,e:r:i_ff ,\ubrey 1", ]lurr_i~q: ··•··················································································································································· ; .?,~'tt~J;)·.• ••••••. ··~·~"-···:x;··-;······· . ✓1<('~/ <? 1 .:r: .\.:•:,,-/ .••...•....• County, at the Court House-rnfu~f, at 9:30 ····················································································································•·······························•··•····· .. to appear before the Judge of the Circuit Court of Rockingham z· .· o'clock, a. m., on the 24th .. day of .f~.b.+:µ.ax:y ............, 19.6.4.., to testify and the truth to say in behalf of the Commonwealthxrioaar.:xmx~ against .............................................................................................................. . .................................................... Edward ...Lewis ...Shifflett ...................................................................................... . who stands charged with and indicted for a felony~-. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, thelJt.h. of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- of ......f~.bx:u.a.ry. ....................... , 19...6.4.,and in the 18.9th. year .... ~~k...................... . ~ .(o {) I • Commonwealth's. Attorney �EXECUTEDi✓-.<l~~/.IN THE COUNTY OF ROCKINGHA,\1 BY DELl:ZERNG A TRUE - THE-J''0 17-HIN,, .............. U!,n-~,,r••.,,-~ COPY OtTo. rx,,i/. .. IN PtRSON. ~:,..0:..f ~-......... (/ A. L STRAWDERMAN . . . . . ·.............. r, By A /j ·.. L 1' . EXECUTED71!.-f !I . . IN THE COUNTY OF ROCKINGHAM BY DELIVERING A TRUE . COPY OF THE WITHIN -}; {,,{ f.,...)..£?~V-:Y'..-? ....... •.I. ~ ;7;:;:-:,.'"';'e;- ... ,.d/,. TO _::/.t:.-/<: . . '!.: .0.. £-. :1--.~_;}--.-. ..... IN PERSON. ,:. L STRAWDERMAl • • • • • •.._-••••................ , . S. R. C. s. R. C. .... / d?. D. S. R. C. v By~✓,~;!.,CJ~.7~£/£:, ... D, S. R. C. EXECUTEoo?-/.3';-f.L/. IN THE COUNTY OF ROCKINGHAM BY DELIVERING A TRUE £Xf.CUTED.J.:-/~--:-4t'.IN THE COUNTY Of ROCV.INGHAM BY DELIVERING A TRUE COPY OF THE WITHIN . ,,/4-if!-:'-:''."',.~:•:-:-. COPY OF THE v\'iTHIN~ ..4,/ -cl d !.~. " TO .?f:~:?·.... (' .... IN f:>ERSON. /J: 1:/' ~.,.~r~.;...t. ~NO PE/ii{: • •••••• .:7 A. L STRAWDE~M.ti~J • • .. ~;<:e; .. . . .......... . : . .. -~-~ STAAWD~RMMi ..... ~;·_·ti.~)d.~·/~;~--~a..·.·_· ~-:::::.- . s. R. c. By . . . . . . . . . . . . . . . . . . . . . . . . D. S. R. C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: o summon----------------------------------------------·····-·······-··--··-··············--·········-·······-························ Donald Shifflett ··-·---····-···-··-··-·············-······-············-·········-··-·········-·······,~& .. -·······--·······················-········--;!·~·~!?.~.~~ .. - Rt. #3, Box 157, Elkton, {:.,,.,":./1 ~~.~~~.~.s.......--: ...i.1.7....~.~ ...R9ftt.ngh~m_ ..S.t.~.~ ...Elkt.on¾···v.a......--.... to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth i4J.b.__day County, at th of _______ f.eJu;:!J_ary __._.., 19.___ 6?¼,to testify and the tru lJefontxkedoxandc~, Va. ································································-·············-····-····-·-····· ~====---9:30 1 o say m e 1alf of the against-····-·-·--·····-·······-··············-······························-··--·•············-··-····-----········· Edward Lewis Shifflett who stands charged with and indicted for a felony~Kw·. 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.,Jtbof of the Commonwealth. Attorney for Rockingham County and the City of Harrison- ----··--F.eb.r.uar.y. ..........--········•19..6.4., and in the .189.th year �EXECUTED-! /{'"_-_t:l:(._. IN THE COUNTY OF ROCl'I GHAM BY DELIVLG A TRUE COPY OF THE WITHIN .,~~.;,i..,_,..'-·. :--.. ·;-.- .. TO IN PERSON. 7 A 11,a.eJ✓-~'.~.. • • • • • • • • • • • • • • . , .... - I By~(;:--.~.,((.,". • -~·. ·,· ... 7 /; ... COPY OF THE WITHIN L ;?}; '-'L- TO . .-1u.'.vrc/~. IN fjRSON. 1 • •• r D.S. R. C. c.1_> .-; /' ·cc..s, ~ 7 ···••H ,-.( .. - ,.. ~z.~·-·:~ ..... ••••••••• • • • • • • · · · · · · · · · · · · · • · · , 0·. B • Y ••• , •• ~ :. S. R. C. - { EXECUiEDo<:/.1~/,-.r.. IN THt COUNlY Of! ROCKINGHAM BY DELIVERING A TRUE . .. (.D.S.. • • • • • • S.R. C. R. C. �In the Name of the CommonWtealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon------···-··----··········------···-·········•·····················-·····················-··············--···········-······· -····-·-···-·····-····-······················-·····Herbert ..Mowbray·-·- ...McGaheysvil ···-······························-······-···-·····~~~~ .. ~~~)?.:1;.~y ........... ~. le., .. Va.··········-·-····-···········-··················-·· ,)/ .·' ________________________________ : __ ~~.~~h-~Y~Y.:!.JJ~·'-···v.~.~--··-···-,.--; ·-;--"'r /( \,'... _, ................................................................................................................ I: .• ,: ········--···•-····· ->,-------······ ---- __ ...... 'J\ ·-·-··-······················--··-··············-·········-···-·-················-···-·······•···•··········-·-··················-··•;z-t--··--···· _J_ ---------------------------------------------------------------------------------------------------···---------------------------------------------- to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth ?~.~~day ~ll~Xlltlmlki:lmj, - ·- - County, at the Cou ?.~-, to testify of ··-·-·-X~~!?.~~!?X_._.., 19... _ ,....._ _,. I-, ____ I__________ _ ci' -- -------------·-- ---...,;;::;,.,...-- of, at 9:30 and the truth to say in behalf of the against --···-----··•-·········-···········-·················-················-··-····················-··--············ ································-···-······•····---Ed ward .. Lewis ...sh if f let t -··················································-····-············-·-··--·-··--······ who stands charged with and indicted for a felony mi6Jtomom:JX1r. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the.JJ.!;_h of ....f~_l:?_:rq~.:rY ......................... , 19_6.4.., and in the of the Commonwealth. .1.8.9.thyear �., ..:.-·•..... ·- E>·~':CUTEOJ:)f~Y.':'/. IN·THE COUNTY OF ROCKINGHAM BY DELIVERlNG A TRUE TO //-_,,,:;": _{.,_ 1·~..... ! N !DER.SOt·~. •/• A. L STRAWDER .......... , ............ Ml\ ·i ... . S. R. C. , :~l:('(.,1..--v.~i-e. /. r. ... o. s. R. c. By . EXECUTED./. 1 . D·• s··. R. x;__., ;,. S. R. C. .- ........ A TRUE /;)~</_L/. fN iHE COUNTY OF t .~ . .-;,~: ROCKINGHA.: B~ ~EL~NG • COPY OF TH~. WI t H1N.-... TO G ✓~--Y.;t ,v_P!,... <":TR,~VVr•[f·dlJIAI\! !."1.fERSON. ~. I l • °", • • .. • • • • • • • • • • • • • • • • . • . . . . • • .... ,'"'- ... "•'•......... I.-~,-t· �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon --------------------------------------------------------------------------------------------------------------------- ----------J acnes __ A. ___ Roberts Velma Roberts ___ - ___ 1823 __ East __ Ave_._,__Baltimore ____________ Patric i~--Ann __Frazier ----- --------- J ohn Sam Roberts --- - • -- •• -- -- -- ------ --- --- --- --- ---- II ti - II ti It ti ___ - ______ 12 __N •___ Wo~fe __St._, ___ Bal ~_imore __31, _~~~yJ~~~------------------- - 3701 Old North --- • -- • ----- ___ 22_,___ Mary la~~ ____________________________ _ --- • - ---- -- ---- ---- ------- - -- ---- Point Rd. - --- • -- • - -- --- --- --- ------ to appear before the Judge of the Circuit Court of Rockingham Baltimore -- • _ _2 ____________ --- ----- -- ----- Md. ___ .] __ ------ ---------------------------. -- County, at the Court House thereof, at 9:30 o'clock, a. m., on the __ i4J;b. day of ____ Jre.l>x_ya1;_y_______ , 196A-___ , to testify and the truth to say in behalf of the Commonwealth~g~~~against ----------------------------------------------------------------------------------------------------------- _________________________________________ Edward--Lewis--Shif.flett------------------------------------------------------------------------------------------who stands charged with and indicted for a felony:mtbuitiKJlCOOlllHr. And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the_)A-_t.hof _______ _:f~_Q_r.µ_~_+:y _____________________ , 19__ 64_, and in thel8_9_th __year of the Commonwealth. ---------------~~~------------------------·· / - Commonwealth's Attorney ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon---------···-·--•··•··-·-·················•-·····································•···········-·-··················-·········· ··•-···-······-··-····-····························?.~.~.~~.~:r. .. ·-···············································1?.~.P.~~X. ~~:':.'?.~.~ ...9..· ...~:':.~~~.~ ............................................................. ····················· .. ~.~~1:.~.!~ ...~\l~E~X .. !.~ ...... ~.~1:.~.E::~.~.-··-··--·········· .. ). ~ ., ··-·····•----·... , ! (. --····-···-··---········--··-·-·-···--··-··-··-·-·······-··-·--····-·····-·-·····-··----·-·····--····-···············-··········-·-···-·-·--··-··---·~- --<' ··-·~-<a,··~· '.._... ,r;,.. ..,a~~,'7._'ft ~ v~, . ~' ~\~~ ---····-·-·-·······-·······-·-·····-··-········-·-·-···-·--··-·-·····-········-·-···-··-·······················-··-···············•·-····--·-····- -·:::-\-··~~-·;J"·~-··· to appear before the Judge of the Circuit Court of Rockingham County, at the Court Hous 0 ··-·-···· ~%) ·~· • -7,(-······ -~~ liei·eof, at 9:30 o'clock, a. m., on the -~·~-~---day of -------·~~t~~--··------·-·•rn§.~-·-• to testify and the truth to say in behalf of the Commonwealth ~~ttxkxmxXKDY, against······---•-·--·····••-·······--··-·····---·-········-·······--··········•-----··-······-·-··--···-·-·······-··· ----·-···-------·-···-···------·--·-----····-·---··-·----Edward_.Lewis ...shifflett ....._......._......._._ ......._...................-••···-·····-·--··----·········· who stands charged with and indicted for a felony ID~'. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the __~.~-~h of ----·-----f_~J?.:r;.~~f'Y ..._.-·•·••··-·-···,19 ..~4._, and in the J..a.9.:t;:.hyear of the Commonwealth. �EXf::CUTED)rJ.('_~'( . IN THE COUNTYO ROCK! GH, M BY DELIVERINGA TRUE COPY OF TrlE ;;1THl14 ./4,;,.,;,rr.~ TO :?f': /..1':~ IN PERSON. A:.L STRA';rirr · .. -· ...... · •• \ ·' ~:-.'.'d\Jd.~. s:::c: �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon--------------------··•·-----··-··---····-----·························-·············-·-·····-······-··············-········· ··-·-······-·---········~!:.~ .... 5._i ...... ~ ... _._r~~t~.~.~J.C?.!}_~1--.B.!,,1.i,Jg.;Lp_g~ f..~_ ...~.~....~.Y.~E...Hax:r.is.onb.u.rg...(o.ffice) .. Dr. W. H. Talbot to appear before the Judge of the Circuit Court of Rockingham County, at the ..._____; o'clock, a. m., on the .~~-h____ day of ______ J1~~.ch ___________ ._, 19-.6_4_,to testify and the truth to say in behalf of the Commonwealth :»l!ID!IJlfK:thex6memixmxy, against ----·--··--·---··--------····-···-·-·-··--··················-·-····•·-···-····--·-·····-·-···-···--············ ---······-··----··········-·-···--·---········---·-···-·---··-··-····~-g~~.r.d_._L.ew.is ...Sbiff le.tt ...•······························--·························-········· who stands charged with and indicted for a felony~. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the.~.':i:~_'h. of .......__ f..~!?.r.~~rY .................... , 19.6.4..., and in the 1.89.th. year of the Commonwealth. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon----------------········----·····-·--·-········-·-···············-······-·-··-·············-·-···---·······-·-···-·····-····· ···-··-··--····-···-··-···-··········--····-·-·-········-····Edward ...(Eddie ..Boy) ...sh if f let 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 ·--~-~~- day of ---·---~~~.~h--·--····-···•19_.§!:i:_, to testify and the truth to say in behalf of the Commonwealth :kmHXihex6meml~ against ······-··-··--·-·······-·······-········-····················-············-·-······················-······-···· ··········-·--··························-················-Edward ...Lewis ...Shifflett who stands charged with and indicted for a felony And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's ················••····••·····-····•·······················-···-···-·-·········-· ~~- And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the. __.9-t.b. of --·-·-·-J1a.,r..c_h_ ........................... , 19-64..., and in the of the Commonwealth. ···-·----~~-~~--········-····--··-----···· Commonwealth's H~~J.h_ year Attorney ��.0 0 T .4 0 .4 0 .40 .A0 .4 0 .40 .4 0 .4 0 .4 0 3 .6 0 T �. .. .. .. �In the Name of the Commonwealth To the Sheriff You are hereby commanded Greene of Virginia: of ~Kl County, to summon--------------------------------------------------------------------------------------------------------------------------·-- ------------------------Eugene ___ Lawson _____ - _____ S tan_~rd sville, ___ Virginia to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Greeting: County, at the Court House thereof, ?A_~~--day of _t~~:1;_':-!~?;_y ____________ , 19_§(:i:__, to testify Commonwealth~xkoc:f'«aaxk~, _________________________________________ _ at 9:30 and the truth to say in behalf of the against --------------------------------------------------------------------------------------------------------------- Edward Lewis Shifflett who stands charged with and indicted for a felony~H&·. And this you shall not omit under pe~alty. Witness, burg, Virginia, JAMES R. SIPE, Commonwealth's at the Court House, the __J)J;bof of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- ________ f_~RXJJa..r.:y:_____________________ , 19 __6_4_, and in the _18.9.tb year ��In the Name of the Commonwealth of Virginia: Greene To the Sheriff of R~Kl County, Greeting: You are hereby commanded to summon ............................................................................................................................ . .................................................... R~.~f?.~ ...G.9nl~Y., ...R9.lJ:t~...1t.l..,. ..J3_q~..4.1.~ ...S.tan.a:r.d.sville.,. ..Va ............... . 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 .).4.t;:.hday of .......f.~J?.i::!J.~X.Y. ......, 19.6.4.., to testify and the truth to say in behalf of the Commonwealth:mdoaotkec~, against .............................................................................................................. . Edward Lewis Shifflett who stands charged with and indicted for a felony~xoo·. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the.}:'?.;}:iof .......x.~~.~.~~~.Y ..................... , 19..§.4.,and in thet.~9.~.h .. year of the Commonwealth. �• "~.. •• \ ~ ' ·:.' ,l' ,. ' •• ~Lb".:.!:r-.~.L , t .-J(,/4 ...· :, .,, ,-~- ✓ ~ '" �In the Name of the Commonwealth of Virginia:~//, -__,,k} / e, To the Sheriff of Roai /fl _.. m County, Greeting: You. are.hereby commanded. to.summon ·········~:~7. ~;_,;_;························· .......................•.·. ...---·----------------·------------·-------------·-·-·----·---·--·-------·----·/ 4-:'c--:~~-~-----.&.<--t!K_{./ __ -:(______________________________ _ to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at U:30 o'clock, a. m., on the •____________ day of ----···-·······-----------------,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. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ____________ of _____________________ :____ y______________________ , 19----~---, and in the _____ ,f..._.L year of the Commonwealth. �ti in p -·•,., 1• •!) ",...., ••~-~~.•u ... ~1• - ,.. �In the Name of the Commonwiealth of Virginia:At'~To the Sheriff of Rod • .t,g,lm'mCounty, Greeting: ~.~~.~re.h~:~.===•n~:.~o.•u=:on.. ~?~;;;·.·.·,;_;·.···.·.·.·.·.·.·.·.·.•············ to appear before the Judge of the Circuit Court of Rockingham ••••• ••·•·•·•·•·••·••·•···•·•·••···• County, at the Court House thereof, at 9:30 who stands charged with and indicted for a felony m And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ____ :_______ of -------------------------------···--··-··-·······-, 19________ , and in the ---·-······---year of the Commonwealth. �.. ., . ✓, ;,7/U-, L - ~ .. -Ld.- ___ Q._~ unty 1 r,er•d ','?,err , 11 �In the Name of the Commonwealth of Virginia: ..,,,;/ ____qj,. < i' < ~# To the Sheriff of -Oo&ir,gba.nt County, Greeting: You are hereby commanded __________________ _ to summon -----------------------------------------------------------~----------------------------------------------------------0 ....._p _ _ _ C: ,< _ _ _ _/zT~ cJ- fl-z---, ___ 7 ,,..- 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 ~-4-~b__ day of __________ f_~~~-~~~y ___ , 19----~-4to testify and the truth to say in behalf of the Commonwealth before the Grand Jury, against--------------------------------------------------------------------------------------------------------------- Edward Lewis Shifflett who stands charged with and indicted for a felony JOCidwkDilillUU, And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the ___ J]_~h,f And have then and there this Writ. Attorney for Rockingham ------~~~~~-~~Y----------------------, of the Commonwealth. ,tfO County and the City of Harrison19___ 6_4,and in the 1_89.~_g_ year �Ex w1ec ·,- h ..,,, t~,_,__,1_4.J . ,. I, f . �t: appear before the ~f the Circ~4ockingham Count_y,at the Court House thereof, ~t 9,30 , 19.6.4 .., to testify and the truth to say m behalf of the o clock, a. m., on the· ............ day of .............................. Commonwealth ~. against .............................................................................................................. . ....................................................................... Edward..Lewis ..Shifflett .................................................................... . 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, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the ..J1.~~f of the Commonwealth. Attorney for Rockingham County and the City of Harrison...........feb.~...a.~y.................. , 19..6... , and in thel89th ...... ~..£./ - / , µO C~lth's. .. year ..~.: ............................... . Attorney �~--·· ~ 111' 1,,(· r:d c A::, l, i ·, 1· > ' ... i9 inforrn~ti,l/1 • a. I • Lde •. 01 f'nw-:t. ,I._,:,, .•.• ~di of its { '~ d ...(._.,J_ ..~._. Gl""'"V?---7,~n:il, a11dabo• , • withinticeCo:'''Yf~~ of �In the Name of the Commonwiealth of Virginia~~ To the Sheriff of Rmiki:n:gh,m County, Greeting: You are hereby commanded to summon .......~""!!-::~ ........... ~0~.......................................................... . ----------------·······------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- to appear before the Judge of the Circuit Court of R ingham County, at the Court House thereof, at 9:30 . ~ ~-o'clock, a. m., on the ....:.....'.. day of ................................ , 19.....t.~fto testify and the truth to say in behalf of the Commonwealth before the Grand Jury, against .............................................................................................................. . who stands charged with and indicted for a felony blisdamunffi.. And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ............ of ............... .-........~.........................., 19........ , and in the ............:. year of the Commonwealth. �' 0 - n "• t ~ ~ ~- "' ::., C r♦ �In the Name of the Commonwealth of Virginia0 . / ~/.'4/f,/___,/ To the Sheriff of Reek.4~ ~o~.•~~.h=~·==n~~d~=~:· : ~:~ ···.···.·.··.•·····.•·····.·.·.········· 7 ~·················.·.·. ~~/;(;,, / / County, Greeting: .. ········································••······················./..-:::-r<i_-~~ .... /.½.~~ to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth~~ i.4~b.. day .. ~ ... = ............................................... . County, at the Court House thereof, at 9:30 of ....¥.~.R.r.!J..~.r.Y ......... , 19..6.4 .., to testify and the truth to say in behalf of the against .............................................................................................................. . Edward Lewis Shifflett 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, JAMES R. SIPE, Commonwealth's Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ..J.7-~%f .........:f~.~I~.~.r.Y....................., 19...6-4.,and in the of the Commonwealth. r tfO 18.9..tb.. year �: 1( .h:i 't I J .. r ~ ,· I 'J -4• �In the Name of the Commonwiealth of Virginia:Greene To the Sheriff of ~ County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ....................................... Ronnie ..Ear 1...Shi f fle t t .. - ...Dyke ....( Greene County)-'··· Virginia 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 ...?4.tbday of ....f.~P..?;.~~?:.Y.. ........ , 19.~.~··• to testify and the truth to say in behalf of the Commonwealth against .............................................................................................................. . b'ldoUtXbtK~ Edward Lewis Shifflett who stands charged with and indicted for a felony :mixiemex.lx.oc. And this you shall not omit under penalty. And have then and there this Writ. Witness, JAMES R. SIPE, Commonwealth's Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ...f-.4.t.Pof .........f.~.'bx:µ.ax:y....................., 19...6-4.,and in the of the Commonwealth. 18.9..t.h.year �··-·--.............. .. ...-1:!l-.. 0. f 1,, I �.0 0 T .80 .,40 .4 0 .4 0 2 .0 0 T ��In the Name of the Commonwealthof Virginia:Albemarle To the Sheriff of R~XKCounty, Greeting: You are hereby commanded to summon-----------·············--···-···-·-·····-···········-·-·················································-····-···-··•······· Irvin Homer Sullivan ···-·········---······-········-··•··-·······•··-·······--·····-············--····-··········- - c/o Holly_····•-········-·············'···-····•···········l.······•············-'···························· Mead Farm Rt. #4 Box 45 Charlottesville• to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the f.4J:;1Lday Comn10nwealth befoaotlux~, County, at the Court House thereof, at 9:30 of ·--.f..~l?.r_\H~,J;'Y.---·---··• 19_6_4.., to testify and the truth to say in behalf of the against --···---·-------·--·--·-····-····--··-·-·----··-·-·-······---·····--·--··-·-···-·-···---··---····----··-·-····· Edward Lewis Shifflett 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, JAMES R. SIPE, Commonwealth's Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the._J_J~Jlof ---··----·---_f.~_Q_r.:q~.r.y .....-•··-······•19___ 6_4_,and in the 1_8.9.t.h_year of the Commonwealth. �r Executed in the County of Albemarle, Virginia on the\S..day of ....V.~, .......................... 196.t .. hy delivering a true copy of the_within .............. . ···~·~···················:o::···""j in -.:,,riting, to ..£¥J..gs:;,M;ezs;J.l.s ...e.&...( ......?.%.................. . ..~_Jf\ ..:~ in p-::rson. fee$ ............................. . .......-.................. . ,rt,/. S. COOK, Sheriff ; County of Albemarle, Virginia j11y~~- =~: Sheriff ~ ~;.:rtf:;;c!i·1g.Jl~ ..\\.~-J~.~ .....:::............... <1t .~... :1sual p.~:.:vof 0bode within ,he Coun,y ot J.\;b::::·:;ar:3, Vo..,I ex:;cu·ied th~ within •••••• ~.......................................... on the/.~~J 'Y cf. ....1-~: ..........19~ •••• L:y deii Jering a true copy thereof in wr:tin 6 , and by giving information of i purport to ...~.# b ..'...family and above t~ ......................... , a member ot .. aec ot lf? years, who was found at th'.:!.usualplace of abode of the said.• 1/., .....~~...........v:ilh:n the C0 1.mty of Albemarle •. W. S. COOK, Sher;ff Fee $....·-···-·····-···· of fo.!bemarle.CountY,1Va. ~ 61,erilt B ...~ === ...... -----Deputy Stim-· J, ... .~ ' �In the Name of the Cornrnonwiealth of Virginia: page To the Sheriff of B:adt~ You are hereby commanded County, Greeting: to summon------------------------------------------------------------------------------···-----··-·----------------------------·--···- Gloria Good - Shenandoah, to appear before the Judge of the Circuit Court of Rockingham Virginia County, at the Court House thereof, at 9:30 24th day of ----------------------------------, February 64 , to tesb. "fy an d t l1e hut . h to say 111 - b el.1a lf of t hPo ,cIoc k , a. m., on t h e ____________ 19________ Commonwealth ~~&~~ against ------------------------------------------------------------------------------------------------------------- Edward Lewis Shifflett who stands charged with and indicted for a felony~-And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the ___ l3.th>f of the Commonwealth. . JO And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- ________ _f~_l:?_-;:~-~IY _____________________ , 19§_4___ , and in the :u~_9._th_year ��---------- In the Name of the Commonwealth of Virginia: Albemarle To the Sheriff You are hereby commanded of ~~K:lffl County, Greeting: to summon----------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------Ed i th __ Mar gare t ___ Morri_s ___ - ___ Ear 1 ysvil to appear before the Judge of the Circuit Court of Rockingham. o'clock, a. m., on the .2_4_th_ day of _______ Februar.y Commonwealth i>~ibex~ le_, ___ Albemar le ___ Coun.ty County, at the Court House thereof, at 9:30 ______ , 19 __ 6-4_, to testify and the truth to say in behalf of the against --------------------------------------------------------------------------------------------------------------- Edward Lewis Shifflett who stands charged with and indicted for a felony ~And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Gourt House, theJ9J;_}J_ of ______ f_~J;>_X_1Jgl:'_y _______________________ , 19___ 6.4, and in the 1.89_th. year of the Commonwealth. ��In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded Albemarle of ~~bmtK County, Greeting: to .summon----------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------~~-~-~---•-~p_t_c;.~'_'. ___ ~_tJ~JtJ~_t_t ___ ':".___ N.ear___ Kane.'_.s__ .F.urn.itu-re.-St-0:r.e-- Charlot tesville, to appear before the Judge of the Circuit Court of Rockingham Va. County, at the Court House thereof, at 9:30 o'clock, a. m., on the _?4_t.h_ day of __f~.QXJ.J.ax..y___________ , 19 __ 6_4_, to testify and the truth to say in behalf of the Commonwealth ~~~~llXJlw~ against--------------------------------------------------------------------------------------------------------------- Edward Lewis Shifflett who stands charged with and indicted for a felony ~And this you shall not omit under penalty. Witness, burg, Virginia, JAMES R. SIPE, Commonwealth's at the Court House, the ___ J~_t!bf And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- ___________ _f.~_g_r:i,i_~_ry _________________ , 19_6_4 ___ , and in the l_89.t:_h_year of the Commonwealth. ·- ~---------------------~~~----------------------------·Commonwealth's. Attorney ��.0 0 T .8 0 .40 1 20 T ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded ..Kenne.th ..Mar.shall to summon ...Harold ....(Mc.Gahe.ysvill.e., to appear before the Judge of the Circuit ......................................................... .$.4:w~r.4. ...(R ..#2, ...Elkton, ....Va ....}..; County, at the Court House thereof, at 9 :30 .................. , 19.6.4.., to testify and the trnth to say in behalf of of the Commonwealth ... ..Shifflet.t. ....Va ...).; .............. '........................................................................................ . Court of Rockingham o'clock, a. m., on the?.4.'.t:i.h..dayoL .....f.~p;r.µ~r.y., the Defendant in the prosecution ..Rudolph against i.~w.i.$...S.r.i:i.f..f.l.~.t:t ......................................................................................... . 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., of .. ....Fe.b.r.u.ary., .................. , 19..64, and in the .18.8.th....year at the Court House thereof, this, the.17tt{.day of the Commonwealth. ~............. . ============================;;;;;;;;~~#~=~~'$.~Q;;;;;;;:;;;;;.:~:='::;:=::i11~~~.,, 0 ··;··· ................ , Clerk ~.c �I • J EXfCUTED):-&.:-f1/,IN THE COUNTY_.?f ROCKINGHAM BY DELIVE~ NG A 1 L: COPY OF THE WITHIN-~ TO ! -~I.£?µ·~<PERSO,'. ....... A. L TR. N!'.'l·)'.1 ~,'1,\J ; ......... ~ Ji-....... /;, t r-:1 A.V/2'/.,.J,(V!":·<:·'.I _ A ✓// By ¼ · ·· ... s r; rt ... .. ~- C,. :.. F· ;"_ ·· ·· · EXECUTED/:).~.--:4';-1. . IN THE COUNTY Of-: ROCKINGHAM BY DELIVERING A TRUE COPY OF THE V✓lTHIN ,/~. iO~~~~~ ... IN PERSON. ···· ST A-VD[PMl.f't ·············~······· By S •• <t./6.tf..............D. -· R. �Rockingham County. In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon .. ..Dr.~ ....W......H.. Talb.ot .................................................................................. . ............................................................................... ..C~9.9.~.:i,_rigl'_lc3,rr1 ...M~.rn.9.r.,i.<l: J...Jf.().~ pJ ~11.J 1 ... H~:r:!'.~.~.().I?-.l).~:r:g.1 ....Ya• ) to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the .9.th ..day oL .............. .Ma.r.ch., .......... ........ , 19 the Defendant in the prosecution of the Commonwealth County, at the Court House thereof, at 9 :30 P4, to testify and the tmth to say in beihalf o.f against who stands charged with and indicted for a felony ~RlX. In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court at the Court House thereof, this, the~4.th of the Commonwealth. .day of ... .f~.b.rµ~XY...... . ...., 19.9.... , . ----~ Va., ... !?: ..year ��.0 0 T .8 0 .4 0 .4 0 .4 0 .4 0 .4 0 AO .BO .8 0 .tio .8 0 .4 0 .40 6 .8 0 T ��In the Name of the Commonwealth To the Sheriff of You are hereby commanded .gnc4...Loverne of Virginia: ~ County, to summon Clar..ence ..Morri.s Greeting: (Dyke, ....Va.•.)..;...Edwa.rd...Wayne...Morris, Morris ....Chu.~.b.q;no, ...gn.d...:w.:Lfe.).....CP_yk.e., ...V~....l.; ...P.on~id ....Wayne...Ro.a.ch.~{s.t.udent• .in ..high. ...s.chao.l, ....c/o ...Eli.z.ab.eth ..Morris.., ....S.t.anar.ds.v:i.ll.e., ....Va ....).; ...Wayne ..McDaniels'- .~yq.;i,.a.. •.. Yg.'? ..;...Fannie .Christine .'? ;ci .... of. Henry,) ..JR ..#33..,....St.~.n.ar.ds.vil.1.e.....v~... L; .. Shifflettvfwife Branham({Virs. Wm. HowardY°S.:t;~I'l:~.r.cl.~y:iJ~:1,(?, .•.; ..Clarence 3 ... .Y.a.. s; ".~ ...<? ~~·s;· ~....;F.!.1?.cl,ci. ~.~ ...~<? f ... !.r:'. ~.~. ~l:3.~.C. <:1r.i ...~()iJ<?".'., .... l:i.~.~.ci.~!.1 ~~~ra~d~if ~ T~~l-i~:f s~':◊':','db;~! ;~va ~);L; General to appear before the Judge of the Circuit Court of Rockingham ~ ... i:l ~ ... PY.~.~ ... Morris".".~~0-yr ~ ~!l().9.1) Deane '1~<:!Winnie .;............. . Dea6us- County, at the Court House thereof, at 9 :30 o'clock, a. m., on the Z.41hday oL ....F.ebruary 1.................... , 19..64, to testify and the tmth to say in behalf of the Defendant in the prosecution of the Commonwealth against ............................................................................ E.dw.&r.d ...Le.wis...Shiffl.e.t.t ........................................................................... . 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 at the Court House thereof, this, thel7th. day of ...........F.ebruary, ............., 19.64, County, Va., and in the.18.8.th .... year of the Commonwealth. • I �1£rl if! 2<L. ' _ I ..... . I/ e . t, <;.) . ··v~ I ' . C. • I. . :.._-,_.._··. \ . I • - ; \,) I J '-''- I • ) Ii ' �In the Name of the Commonwealth of Virginia: To the Sheriff of ~GR - .......................................... {hu: ....a,n.d... County, Greeting: .f...J ..t. yk...• V:..,J.J. .......,;;;.;;..;,;;;;;.;;......,..,.;;;;.w..;.....,.....,....,.. J. ....u.~nt .I.....1.li~~L...tt. ........~r.i ...., ...~L ...n..r..d ...vill ...~ ....v··"J.;...""l""a...m................-..__ ;;.;..:;~ .tr. .t.....•.........•.•. fgnnig hit(lex Hent:zl..{R.,.,J..•....s.:t...n..T.d..v..il.l.e. .•.........."l;... Christine,llrsiMA , (l,f§ • irn, (}\o~clrd l ..J .t. nar.ds...i.l.1..•...V ..• , ...Cl5Vi:§!QC(t k12tti§~.~.10-yr .in b..i .., ........ ®.o..1., ..... .o.ld. .....on...o.t.. ....:rs.•.Fr.. d.d.i. .....o.r.r..i ..•...D.ae.on ....Ho.llow., .tu. ent ....t .. Dyk.....s.c.. oolll .............. . ~.wp.....u~~~~~"1!!-'··.(_St y to appear before the Judge in the prosecution . ...and... • • •• Oyk • V .), of the Circuit Court of Rockingham o'clock, a. m., on th ~.4,thday of the Defendant ..n.ar.d vil.l. ·• ..V .• J;... b.r.u ....,........... ..., of the Commonwealth ...................................................................................................... ' •••••• County, at the Court House thereof, at 9 :30 19.. .4, to testify and the trnth to say in beha~f of against ' - •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ♦ •••••••••••••••••••••• ~ ••••• who stands charged with and indicted for a felony ~r. 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, thel7. . .b .day of .............. .T.U.~ ..r..·••··........... , 19 ... , and in thel ...6.th of the Commonwealth. 4dt~/,v, ~~ ...year ...................................................................................... , Clerk , J,(O ��l!l the Name of the Commonwealth of Virginia: County, Greeting: To the Sheriff of ·•···· ..•...... to appear before the Juclge Court of Rockingham of the .. , 19.. the Defendant in the prosecution of the Commonwealth County, at the Court House thereof, at 9 :30 , to testify and the tmth to say in behalf of against 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 and in thel of the Commonwealth. I Jo County, Va., ......year ��In the Name of the Commonwealth To the Sheriff of You are hereby commanded .a.nd ... Loverne ,fJJorris to summon ...C.h:u.s.b.~nd of Virginia: ~ County, Greeting: Clar nc ... ;orri.s .. (Dyke, ...Va.•.).;...Ed ... a.n..d ... wi.f.e.L.O)yk....., ....V.a.,.J .. ; ... a.yne...F arri.s, Donald \' ame Roach J.$.twient J.n....h.igb....s.e.ho.o.l. 1.... c./0. ......l.i.zabe.t.b..... forr.i.s., ....Stanar.d.~.v.i.ll.e.., ....Va.~J.;..Warne .t.ydia .....va....; ...hnnie Shifilext. cDaniels {wi£e of Henry;}...(R....#3.3.., ....St~.na:r.ds.vi.l.l.~.....v.a".l.;.... .Chr..i.stine,. Branham. (~rs,... wm.::-,How,a;rd >....C.St.a.nar.ds.vill.e.,...va ...; ...Cl.arenceMorri§:'.9.'.".'.10-yr .o.ld....son ...o.f .. ..s.•.Freddi.e ...Mo:r:r.i.s., ...Bac.on...Hollow.,....s.t.ud.ent...at ...D.yke...s.cho.ol.l.;................ . ·f·~d .sa~~ne~•i~•··c(~~e.Ky~~t;~~·~s~;~!~·~·v!~l!•; ...,G.en.era.l,,,Pe.ane ••• and ••,W.inpie.,.D.ean~ ..{husto appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on th624,tl ..day oL ..... F, the Defendant in the prosecution bru . y., . ........... of the Commonwealth County, at the Court House thereof, at 9 :30 , 19..64,, to testify and the trnth to say in behalf of against .......................................................... dwar.d... e~.i.s...Shii'fl.ett ........................................................................................... .. 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 at the Court House thereof, this, thel7th. of the Commonwealth. day oL ......F. .bruary., . ................ , 19.64,, County, Va., and in thel88:th .....year �VL~,ill '9·(c_'f ; .•. - ~~~~ ' i • V �In the Name of the Commonwealth of Virginia: To the Sheriff of County, Greeting: ,···· .•.. . .......... ~:;;.:..:i....~-- County, at the Court House thereof, to a pp ear before the Judge of the o'clock, a. m., on the. .................... , 19 • , to testify and the tmth day of... ... the Defendant in the prosecution of the Commonwealth at 9 :30 to say in behalf of against 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 at the Court House thereof, this, thel?... ...day of ............ b.. ...r. ·•················• 19 of the Commonwealth. ~£/tfo~• ,J/0 County, Va., , and in thel . ......year ~~ , Cleek ��13 the Name of the Commonwealth of Virginia: To the Sheriff of County, Greeting: •···· . ..nd...__ .,. n ...an ... i. ~--:,;;;;~· ·.;;,· '"-'· ..Jhu ·· •:orr1 § ~ •. ) .•....~~~~~!!!.;..:!:5i~::.· d nt ....(. ..h .. h .. eh •. ).; ... -yr ~~~~~~i.:.;..~~1 l ....:9.~...~ ............... •....... r ...4.4 ..:......... Q.ITl ...,........... .. .. . .. J, . t. .....t ... ---=-..=;;;:=.::..~=;;...;:;...;:;;.:::.;....'"":"0=2n-l-o_y.~.l$. ...AA...:r......v.~.. l. ..,•....V...• l.; ..¥,2_~~~~~ (yiJy ••• y •• .; to appear before the Judge of the Circuit o'clock, a. m., on the.2.1.,tbday the Defendant Court of Rockingham of... ... .ebru in the prosecution r:y. ............ of the Commonwealth who stands charged with and indicted for a felony In witness whereof I hereunto at the Court House thereof, this, .. . .. , 1 19 ----~ County, at the Court House thereof, at 9:30 6 , to testify and the tmth to say in behalf of against ~ set my hand, as the Clerk of the Circuit Court of Rockingham thel7.th. day of........... of the Commonwealth. . ifO ..(. u - bruary, .. .......... , 19. 4, and in thel8Sth County, Va., ..... year ��l!1 the Name of the Commonwealth of Vir inia: To the Sheriff of. You are hereby commanded _ . , County, Greeting: to summon n1 . ) . .. ,. .......... .............. . ) v·..~·n· .... to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the County, at the Court House thereof, at 9 :30 .. the Defendant in the prosecution of the Commonwealth against ....................................................................................................................................... \ ... •......................................................................... .. who stands charged with and indicted for a felony • In witness whereof I hereunto of the Commonwealth. set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., - ��l!1 the Name of the Commonwealth To the Sheriff of You are hereby commanded to summon of Virginia: ~ County, Clar.enc orri-s. Greeting: ( yke;-••-V .•.)-;-··· .and ...Lo.verne ... orri.a ....(hus. and ...an ... ife). ...(.. ke., .... .a.J;... .in .high ...schoo.l, ...c/o ... li.z.ab th ..~ d. ard•··Wayne·· orris, onald .. ' yne ..Roach ....( student .r.i .., ...St.a.nar. svil-1-e•;·····.a .•.. )+ ..i.ayn .Lyd.i.a.,...Va .•.; ...Fa. ie, ..S.h1£fl.ett ...(.wife ...o ....H nr.y}. ...( .•. "JJ., ....Stan .. -=O·Daniels .dsv.ill. ., ...Va•..).; .. .<?.:l.4. ...~c,:r:i ...<>.f. ..•.~·~·"···:F.r.~ci.clJ~ ...M:Qrr~.~ .•...a~~QR ..Ho.l.l..ow., ....s.t.u.d.~mt. ...~t ...Dyk.e ...Sc.b.o.olJJ............ . James Kenneth band and wife Conl~Y ....(S.t~P:~r..d.?Y.~.).,;i.~., ....Va.•J; ...~~~~~~~...an . ..~li .aie.,..De.apa ..{hus- (by Dyke P.O., to appear before the Judge of the Circuit yk, o); Court of Rockingham County, at the Court House thereof, at 9 :30 o'clock, a. m., on the .24thday of.. .. Februar.y, ............... .. , 19 .64, to testify and the truth to say in behalf of the Defendant in the prosecution of the Commonwealth ........................................................................... Ed, ar.d ...Le, who stands charged with and indicted for a felony against .is ...Shi .fl.e.t.t ........................................................................... . ~ In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, of the Commonwealth. thel7th day oL ........F.ebruar.y, ............. , 1964, and in County, Va., thel88th ....year �( . ' .. ( t • �Greene County. In the Name of the Commonwealth of Viwinia: To the Sheriff of ~ County, Greeting: .~lvi.n ...Shiffl.e.tt ;. ·1overn ...Morri.s ...(Mr.s.oE.dward ..Wayne)V;' • • tc" . ...~d.:w~r.d ...W~yn.e..Mor.r.i.s..;l..James.K.enne.t.h. ..C.onl.ey; ...~.en.ce ...Morris.; ......................................... . You are hereby commanded to summon ...E.ar.l...Mo.:r.r.i.s. ....(.c/o ...G.i.lbert ...S.h.ifflett., ...b.ehind ...D.yke...Sc.ho.ol.)..; .. •............................................... . ..J.immy...Morris ....Cc./o....G.ilber.t ...Shiffle.t.t., ...b.ehind ..D.yke...Scho.ol.) ..;..;.-c.......................................... . 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 .. 9thday oLMarch-,... ...... .. ... ....... .. , 19 64, to testify and the trnth to say in b~half of the Defendant in the prosecution of the Commonwealth against ...................................................................................... .. .......................................................................... Edw.ar.d...L.ewis...Shifflett 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 at the Court Hous.e thereof, this, the of the Commonwealth. ............................................................................ .. .~.4.tb. day of .........f.eb.r.uary., County, Va., . . , 19 .6.4,and in the.1$8th . .year �Elvin Shifflett, . -- -lives Clarence Morris,(called • Albemarle County, Civen under . 'va. my hand Earlysville, Albemarle _A Rabbit Morris) lives not this in my bailwick the 26th County Va. Nortonsville, • . day of February,1964 C ' Lf)_ ~- W.D.Deane, Virginia. Le_ Sheriff of Greene , Count~ �Greene County. In the Name of the Commonwealth To the Sheriff of You are hereby commanded to summon of Vilinia: ~ County, ....E.l.v.:ln.Shifflett;. Greeting: Lover.n ..Morris ....(Mr.s.•.Edw.ar.d..Wayne); ..Edw.ar.d...Wayne..Morris..; ....J.ames...Kenne.th ...Conle.y.; ...Clar.enc.e .... or.r.i.s.; .......................................... . ..Ear.l ..Morris. ....Cc./.o...Gilb.er.t ...Shiff.le.tt., ....b.ehind ...Duke ...S.chool.) ..;.................................................. .. ..Jimmy. ..M0 rr.is ....(.c/o ...Gilb.er.t ...Shiff.l.ett., to appear before the Judge of the Circuit o'clock, a. m., on the ...9thday the Defendant Court of Rockingham oL ...... ....March, in the prosecution ....b.ehind ...Dyke ....S.chool.).; ................................................ . County, at the Court House thereof, at 9:30 ................, 1964. , to testify and the trnth to say in behalf of of the Commonwealth against .............................................................. Edwar.d ..Le:wis ...Shi.f.flett ........................................................................................ . 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 at the Court House thereof, this, the 24th.day of the Commonwealth. ....................................................................................... .. of. County, Va., .....F.ebruar.y, ............. , 19..64, and in the.l88th ....year �1 Y r el �r You are hereby commanded .., yn ···'·"' to summon y ...'.. . .i ..J. /.o...Gilb. to appear before the Judge o'clock, a. m., on the . 9tbday the Defendant . rr-, ...; .... l.. ..Ji Count • ..t .... h f. . .t.t.,.... .... .ch .. o. r.t .....1it .1. . t.,. .y of the Circuit Court of Rockingham ~Ch., .............. .. , 19. .4 , to of the Commonwealth ................................................................... r:d... . .. .i ...... ,.. . ol).; .............................................. . County, at the Court House thereof, at 9 :30 of .................. ... in the prosecution .... .C l.;............................................... . testify and the tmth to say in behalf of against i .. l. tt ............................................................................... . 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 at the Court House thereof, this, the .?...~.day of ................ ..l;'.........Y..t ........... of the Commonwealth. ....' /.• f7!/':: , 19....... , and in the.l ~ '. 0~ County, Va., ......... year , Chk �!f, •. \ • l -s~ ''! (',, fl.1 4... ~~ ~ ~ �County. In the Name of the Commonwealth To the Sheriff of You are hereby commanded to summon ..Edw:ar. .... y:n ... orr ..; ...J. ... ~ County, Greeting: ...V . .rn ....,.or.r.i.,.....( ..t"......, ...~ ..ar.-d ...:..ayn ) ; lvin ..... ht .1 ..tt;. s ..K.enn.th ...Con e.y.;...O r.L. ,.or.ri .....(. /.o ...Gil . ..JiI of Vir inia: i .... .t,....... b. no. )..;................................................... . y ...l'. . .r.L .....(.c/o ..Gil . r.t ... 'hif.tl .... ,,.. to appear before the Judge of the Circuit o'clock, a. m., on the 9thday the Defendant oL............. in the prosecution o 1 .; ................................................ . County, at the Court House thereof, at 9:30 r.ch............ , 196.4. , who stands charged with and indicted for a felony In witness whereof I hereunto .... .C Court of Rockingham of the Commonwealth .....orr.i .. ;........................................... . to testify and the trnth to say in behalf of against ~ set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., •................ , 19. 64, and in the 18.8.th...year at the Court House thereof, this, the. 21.th day of of the Commonwealth. ,tfO ruary ��Greene County. In the Name of the Commonwealth To the Sheriff of You are hereby commanded ..Edward.... to summon of Virginia: cm11~ tic >Mk County, ... Elv.in.Shif.£.lett;. to appear before the Judge of the Circuit o'clock, a. m., on the .9thday .b.ehind ...Dyk ...S.c ool).; ................................................ . ............. ... , 1964 , to testify and the tmth of the Commonwealth against .............................................................. ·d ard ..Le~is ...Shi.f.flett who stands charged with and indicted for a felony In witness whereof I hereunto County, at the Court House thereof, at 9 :30 Court of Rockingham oL ............ arch, in the prosecution .enc .... or.r.i.s.~ ......................................... . .. t .•....b.ehind ...Duke ..S.chool}..; ................................................... . y .... . r.r.i ....(.c/o .Gilb.er.t ...Shi£.flett., the Defendant ...Lov..r.n .. o~r.is ....(. r.s •.Edw.ard...Wayne); yne ...Mor.r.1s..;....Jam s ...K.enn th ...Conley.; ...Cl ..Ear.l .. or.r.is ...{.c/.o ...Gilb. ,r.t ...Shiffl ..J Greeting: to say in behalf of ......................................................................................... . ........................................................................................ . ixix\x::cueJ(JX.k.X set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the.24th day of .ebruar.y, ..., County, Va., 19..64, and in the ..l8.8th of the Commonwealth. 4utL=~'. ~~. ....year Cle,k �- ··'·, .,I • r1 • -~ , ,..2,.~ ..._ ·_ •' '•L , rd- 'l!'fl8'1 _, V1ri,n·a . , 19 .q. ~ L~;'/~;J&,j-!J~ ,..d22. (/IJfj rift �.0 0 T 1.20 1 .2 0 T ��In the Name of the Commonwealth of Virfinia: Albe;t are To the Sheriff of i~ounty, You are hereby commanded .... Ir.vin to summon Greeting: Suflivan ..Homer/'.lt.#4 1 .. B.ox...45., ...Ch.arlot.t.e.s.ville,.V.a .. ); .S.ol.omon ..Shi.fflett ....(R•. l., ....Box..76.,....Cr.o.ze.t.,...Va•.).;................................................................................. . .Dan..Shiffle.tt ...{Bax ...B.l,....Fre.e....Union., ...Va.. J.;............................................................................................ . to appear before the Judge of the Circuit o'clock, a. m., on th64:~,l1. day of ....... the Defendant in the prosecution Court of Rockingham County, at the Court House thereof, at 9 :30 ,~~r.tl.?-.r.Y., ........... , 19..P.lt,to of the Commonwealth testify and the tmth to say in behalf of against Edward Le is Shifflett ·····················..·······························································································•··············· ..•·································· ........................................... , 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 at the Court House thereof, this, thel7th. day of .........February, .................. , 19.64, and in thelS.8.th .....year of the Commonwealth. . County, Va., , ��.4 0 ~40 T �.0 0 T .4 0 AOT �In the Name of the Commonwealt11t,8br"iginia: To the Sheriff of You are hereby commanded ................... ... to summon .C~/9. to appear before the Judge of the Circuit ' • . . County, Greeting: ... .El.v1n.Shif ......................................................... \ ~ .. .f.le tt. . . ...... ..................................................................... . ~:t_l,~~ ...Lou1.s.e ...Fle.toher., Court of Rockingham County, at the Court House thereof, at 9:30 \ ?.4.;.:t\ffy of.. .. .....f.~:b.r.tJ.:~r.Y, ...... . ..., 19 ~4, to o'clock, a. m., on the ; the Defendant in the pro \ ...oor-d-0n-svill-.er··Va·.··)·· cution of the Commonwealth against testify and the tmth to say in behalf of ......................................................................................... . ·····•····•························•·····~······'······~·~~~~~ ...~.~.~.~ ...~.~~.1-'.f.~~.t.~ ................................................................................................ . who stands charge . with artd it1.dicted for a felony~ In witness whereof I hereu to set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., .... , 196.4., and in the of.. ...........Jr~l::>r.11.~.rY., 18.8.th...year at the Court House thereof, this, tht?9.t;.ll:. day of the Commonwealth. -~~-<::::l~:1:"f.·~- , Cle,k ��.0 0 T .4 0 .4 0 T ��In the Name of the Commonwealth . of. Virginia: Nadis_on- . To the Sheriff of ~County, You are hereby commanded to summon Greeting: ...Ruby Haynes {Mrs. Kermit) ........................................................ . ................................................................................. Ma.di.s.on.,....Va.~................................................................................................. . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the~4thday the Defendant in the prosecution . ... . . . . . . . .. . .. .. . . .... ...... . . .. .... . ... ..... . . . . . . . .. .... .. ..f~.PtlJ.~Y., ............, 19. of . . . .. of the Commonwealth . ... . .. . . .. . . ~9:W?.T.'.9- .. .. against County, at the Court House thereof, 9.1t to testify and the tmth at 9 :30 to say in behalf of ......................................................................................... . l:i.~W.i. ~ ...$1?-. ~J.f.l,~ t ~................................................................ .. 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 at the Court House thereof, this, the .17.thday of the Commonwealth. of... ............. Fe.b.r.uar_y_ ....... , County, Va., 19.. 6.4, and in the ...1.88.th...year �; . ' L . lj ( . �.0 0 T 1 20 1 20 T ��In the N~me of the Commonwealth S~rgeanL To the :xx,m~ You are hereby commanded of Virginia: Cjtv 0£ Charlottesville, Greeting: "(~,~m~~·~!·~~:i~~;!:~1 ··"·""·""·"""·"··•"""· ........................... . ~on ................................................................................(.Charlot tes.ville .,....Va .. )......................................................................... ....... Ger.tru.de ...Ta .lor .................................................................................... . 724 5th St., S.W., Ch~rlottesville, Va.) ·······································•········································~···4!f..·····~£~ .... C~ .............................................. . ~ (~a~~~i~~-J to appear before the Judge of the Circuit o'clock, a. m., on the24thday the Defendant Court of Rockingham County, at the Court House thereof, at 9 :30 oL .....Februar.y, ........... ...... , 1964. , to testify and the tmth to say in behalf of in the prosecution of the Commonwealth against .............................................................. Edw~:r..d ....L.~wi~....S.b.i.f'.f.l.ett..................................................................................... . 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 at the Court House thereof, this, the of the Commonwealth. ~ 17th day oL .......F.e.bruary, ..... , 19..64, and in the County, Va., .18.8.th....year �txecutedin theCityof,.Charlottesville, Virgin ·av onthe...... /. ..iaay of......J.4 ......... -.., 19_ iverioga tn;e copyof the within..___ .• ... ·- Execut d in fheCHyof Charlottesvil'e, Virginia,, y (, ...:1:---?L ................. , 19.~ 1.1.. _ t, ... ··-···-·· ....; in WJiting, to · byJJP 'Cringa true c py of ths wi hin. %, . ··-··--·-········--····· • .if~/J~ in per2_:;,1. Sergeant's Fee$....·-··--···~ (! Sergeant (• • Cityof Charlottesville, Virginia . 1/ I r 1 / j., □ Sergeant ( By.. . -~Q.Deputy /J~ ·(2 ( . ..................... ; in writing,. to. �.0 0 T 2 5 .0 0 12.50 2..00 1 3 20 5 .6 0 1 0 .4 0 3 20 .40 .40 1 20 2 ..00 6 1 6 .08 691.98T ~OO T 2 5 .0 0 12.50 2 .0 0 1320 1 0 .LIO 3 .2 0 .4 0 .4 0 120 2 .0 0 223.58 6 1 6 .08 909.96T ��, 17 ff .0 0 T 830 1 2 .4 2 1 7 .4 0 1 7 .4 0 1620 10.80 26JO 6 6 6 3 2 3 2 2 0 .7 0 0 .7 0 0 .7 0 9 .8 0 1.60 4 .8 0 1 .6 0 1 .6 0 8 0 .6 0 8 0 .6 0 1 7 .4 0 6 .9 6 6 1 6 .0 8 T .0 0 T 6 .B2 6 .6 8 6 .12 6 .12 6 .4 0 6 5 6 8 5 6 5 6 5 5 7 6 7 7 5 7 7 6 147 54 .0 0 ..12 50 .9 8 .4 0 .0 0 .2 6 .9 8 .4 2 .3 8 .8 2 .10 .5 2 .14 24 .2 4 .12 .9 0 T 6 .8 2 6 .12 6 .12 6 .4 0 5 .0 0 8 50 5 .0 0 5 .4 2 6 .8 2 7 ..10 5 .14 7 24 7 5 .6 8 T A I Al ~-✓ 147.90 7 5 .6 8 223581 9-!-~7 �.0 0 T n1 ~~/. ft 8 ..70 l 2 .42 17.40 1 7 .4 0 1620 10.80 26JO 6 0 .7 0 6 0 .] 0 6 0 .7 0 3 9 .8 0 2 1.60 3 4 .8 0 2 1.60 2 1.60 / / 8 0 .6 0 8 0 .6 0 17.40 6 .9 6 6 1 6 .0 8 T ~OO T 6 .8 2 6 .6 8 6 .12 6 .12 6 .4 0 6 54 5 .0 0 6 .12 8 50 5 .9 8 6 .4 0 .o 5 0 6 26 5 5 7 6 7 7 5 7 7 6 147 .9 8 .4 2 38 .8 2 .10 .5 2 .14 24 24 .12 .9 0 T 6 .8 2 6 .12 6 .12 6 .4 0 5 .0 0 8 50 5 .0 0 5 .4 2 6 .8 2 7 .10 5 .14 7 24 7 5 .6 8 T A 1 ~I ~✓ ~4'-"f 1 4 7 .9 0 7 5 .6 8 22358T �COUNTY W. OF D. DEANE. STANARDSVILLE, GREENE SHERIFF VIRGINIA 22973 ---- ---· Mr. George w. Kemper, Clerk Circuit Court Rockingham tlt.J&/1/Y-j/ Harrisonburg, Virginia / ��Witnesses 7 Defendant - Thomas F. Wingfield Harold Rudolph Irvin ~ Shifflett Homer Sullivan J/ Morris ~ Solomon Shifflett V Clarence j? for [ Edward Wayne Morris v4 • ~;;..,J:/t,i-: Loverne t~-4-iu Morris Donald Wayne Roach Wayne McDaniels Gertrude Fannie Taylor V- Shifflett Kenneth (wife Christine Branham (Mrs. Wm. Howard) Morris, (Mrs. Kermit) Shifflett James Kenneth 7 , Winnie 7 Conley Sandy Shifflett General R. V ~ Ruby Haynes Elvin of Henr~) ~ Marshall Dan Shifflett (c1arence V Deane V--- Deane • ~ C. (Rip) Payne ~ ��... ---- __ ..... _.__ .......................... _,.. ___ ............ - ........................................ _..., __ _. ___ ..,. ... _,... ____________ ., .. .,,..,,. ... ____ _,_.,,,.,..,,.,, ..,. ..... ..,..., ............... ,.,· • .., ... ..,J .... ..r ... ·J-·~..,.. ��COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The Circuit Court of Rockingham County, The Grand Jurors County, Term, 1963 of the Commonwealth of Virginia, for the body of the County of Rockingham, Court of the said October upon their now attending oaths present Shifflett, on or about the 17th day of August, aforesaid, feloniously did kill Shifflett, against the Circuit Edward Lewis 1963, in the County and murder one the peace and dignity that in and eorge Pickett of the Commonwealth of Virginia. Upon the e.vidence Noah W. Helsley and sent of James A. Roberts, and Harold Wright, to the Grand Jury witnesses to give evidence. Velma Roberts, -sworn in open court �INDICTMENT f James R. Sipe Commonwealth's c,)-. ,/-- Y, Attorney A 'TRUEBILL EDWARD LEWIS SHIFFLETT~~~ V. COMMONWEALTH murder �VIBGINIA: IN THE CIRCUIT COUR'r OF ROCKINGHAM COUNTY, March 10, 1964. Commonwealth On an indictment vs. charging felony {murder) Edward Lewis Shifflett Witnesses Lewis Shifflett, County, who are summoned on behalf and attending entitled th to the of the defendant, Circuit following Court amounts Edward of Rockingham for attendance and mileage: - Days iles (net} Total J 150 $ 12.00 2 120 9.40 Jimmy Morris 2 120 9.40 Gertie 3 J90 30.30 Mrs. Agnes Meadows 2 260 20.20 Clarence 2 260 20.20 Name Fannie Earl Note: Shifflett 1orris Taylor Meadows Witnesses traveling fifty miles or less one way ar entitled to 50¢ attendance and ~-07 per mile (less five miles going and coming). Witnesses traveling over fifty miles one v.ay are entitled to $1.00 attendance and $.07 per mile (less five miles going and coming). ______________ , Clerk. �I 0 l ,. e I (1 I I �---------,- 1- .....____ /_ ,s-P C "k_ 1r" 01 __ ., $'-10 I o- t:> ~() �--~------~,------.--.,.,,..,3•~-~____.. t -~ �• I I ,I l t ·\ + ' +-----------------------------1 �I f--- �(_ - (.,, s :J ~ ~(J E: /f n, - 7' WITNESSESRECOGNIZED IN COURTTO APPEARON MONDAY, MARCH9, TO·TESTIFY ON THE BEHALFOF THE COMMONWEALTH IN THE CASE OF THE COMMONWEALTH V. EDWARD LEWIS SHIFFLETT I Anna Mae Shifflett .,/ ✓ • 2. James A. Roberts • 3. Velma Roberts ✓ ,,,, ✓ 4. Darlene Reedinger s. Robert F. Reedinger 6. officer Noah Helsley 7. Patricia Ann Frazier 8. Ronnie Earl ~9. ✓ / ✓ ,,, Juanita Meadows Conley -- 10. Reese Conley 11. Donald Shifflett 12. Edith 13. Ben Shifflett V 14. ✓ Shifflett Margaret Morris Paul Shifflett 15. 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CJn,,ut · U/wl $t?YY/.S !>y/;e ✓tij fp~ _ 1 h?orr1s cltYY-e,+?C-e ~ ~ Yc9Mjii) Y/5 I r �--- J ---..r.,,;rJ ..,-__-~-~...r..-..,...._ �VIRGINIA 2 IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY 3 [](](](][][][][][][][][][][][][][) 5 ) ) 6 THE COMMONWEALTH Plaintiff ) ) 7 ) I ) ) ) V. 9 D E P O S I T I ON ) EDWARDLEWIS SHIFLETT Defendant lO ) ) ) 11 [l[l(l[l(l(l[l(l[l[l[l[l[l[l(l[l() 12 13 u 15 16 11 1e The within deposition was taken before the undersigned Notary Public at Large for the Commonwealth of Virginia by agreement of James R. Sipe, Commonwealth's Attorney for Rockingham County and Charles R. Haugh and William C. ·Preston, Attorneys at Law, Counsel for the Defendant Edward Lewis Shiflett, at 2:00 P. M., February 24, 1964, in the Court Room of the Circuit Court of Rockingham County. The Defendant, by Counsel, offered Kenneth Marshall for the within deposition to be read as evidence in the captioned proceedings now pending in the Circuit Court of Rockingham County. 19 APPEARANCES: 20 For the Commonwealth James R. Sipe, Esq. For the Defendant Charles R. Haugh, For the Defendant William C. Preston, 21 Esq. 22 Esq. 23 24 25 HELVIN CLOSE:O 8: BURROWS MICROPHONE 403 PARK COURT CHARLOTTESVILLE, TELEPHONE REPORTERS STREET VIRGINIA 295-5297 ��Marshall - direct - 2 NOTE: 2 KENNETHMARSHALL,a witness and on behalf 3 duly sworn, of the deposes DIRECT 5 7 I 9 12 13 as follows: EXAMINATION Q For the record, A Kenneth Q And what do you do, Mr. Marshall? A I'm a Foreman at Morton's Q And what is your residence A McGaheysville, Q Mr. Marshall, attended 17th? 16 17 18 19 20 been would you state your name, please? Marshall. Frozen Foods, at Crozet, Virginia. 11 15 and says having by BY MR. HAUGH: 6 lO Defendant, called what is That's 21 on the 23 between 24 either 17th, Q And were you on the A Yes, Q I'm going Day, last August the I did. grounds? sir. to ask you whether or not, at that time, a fight? Yes, grounds, sir. Here's and then Four and Six of side Field or not you 1963? Yes, A 22 the Elkton A you observed sir, Virginia. may I ask you whether called August address? what I saw. Two women was fightin' the men got into 'em. or any one of 'em. it. I'd And, personally, First time say anywhere I don't I ever know seen 'em in 25 & BURROWS HELVIN CLOSED MICROPHONE 403 PARK COURT VIRGINIA CHARLOTTESVILLE, TELEPHONE REPORTERS STREET 295-5297 ��2 Marshall - direct my life. That's that, - 3 all I left. I saw. And as I was down there 3 Q Now what ' A Well, 5 Q Now, did you see I didn't. 6 the time I'd did say with this the No, I Q Could 9 A No, sir. If you pin 10 Q I'm going to ask fight start 1s I happen u shirt sir, Yes, on, but Q it clear of baby. place? and Eight Thirty. the fight no, sir, between it down, or not I couldn't. you saw the in my mind -- into one -- one guy -- guy had a white know. color hair he had? Could you it? Q And where, that you saw? A It 20 women? you whether Do you know what 18 hillside, sir. was over over Q Was there 23 A Yes, anywhere from Q there grounds, beside a crowd there Fifty on the did this fight some tents. take Next to the (Indicating) there. 22 25 start the who he was I don't No, 2, Eight after and my little take I saw some men get A 21 my wife else men? 17 place, describe sir. to have describe you among the A 12 19 anything women? A 16 as fight between 7 11 far to gathered was quite Sixty How many people Feet would around a few. from at I was at the time? least it. you estimate were HELVIN CLOSED 8c BURROWS MICROPHONE 403 PARK CHARLOTTESVILLE, TELEPHONE gathered COURT REPORTERS STREET VIRGINIA 295-5297 ��Marshall - direct - 4 - there? 3 5 Well, A 2 crowd. any of Let's I wouldn't put Q I'll the parties exactly it that way. ask you, for involved the in 6 A No, 7 Q Including 8 A No, 9 Q Do you know any of 10 A No, 11 Q Mr. Marshall, 12 Shiflett, here the this to deceased? morning, Q This one right the parties? if sir. did that's· the Defendant, Edward Lewis you not? one. here, (Indicating right) sitting whether or not he was one of here? 16 A Yes, 17 Q Could involved in that you say you've never 21 down. If 22 sir. it's seen I had like anybody to pin this here. It's before, it's pretty my life MR. HAUGH: 23 CROSS 2, the men fight? Well, A 20 25 you related accident? you saw the 1, 19 a good sir. Well, 18 this are was just sir. A right record, It sir. 13 15 know. on it, I have pretty hard I wouldn't nothing hard to say -- pin whe 1~ it so, no, further. EXAMINATION BY MR. SIPE: HELVIN CLOSED & BURROWS MICROPHONE 403 PARK CHARLOTTESVILLE, TELEPHONE COURT STREET REPORTERS VIRGINIA 295-5297 ��Marshall - cross Q 2 the fight 3 5 ground - 5 - Mr. Marshall, start between A No, Q And the sir, I did They 7 Q And from you stated 10 Q There l1 A Yes, 12 Q And I would between 1.5 16 occurred 11 of A Yes, Q So there there that between And you in A they were on the sir. was occurring Fifty or Sixty between Feet away? around there? the crowd gathered they there were were fighting? a number of a number of people are did not things observe where the that could have because fight of the crowd was actually occurrin sir. that could not identify the people who were fight? Well, guy was in fight around you and Q involved yes, assume you 19 25 saw them, sir. Yes, don't see sir. A n you the was a large 18 the not sir. you and where people " time you were Yes, 21 you did not. where A 20 stated women? was down there, 9 13 you fighting? A men, the first 6 8 I believe like a white I said, shirt, know how many was in Q You saw a fight A Yes, sir. It the or only thing somethin' is like -- actually, that. And I it. occurring? was a free-for-all. HELVIN CLOSED & BURROWS MICROPHONE 403 PARK CHARLOTTESVILLE, TELEPHONE COURT REPORTERS STREET VIRGINIA 295-S297 5? �Marshall - cross Q 2 the fight 3 5 ground - 5 - Mr. Marshall, start between A No, sir, Q And the They 7 Q And from you stated you were Q There 11 A Yes, 12 Q And I would between 16 occurred 11 of A Yes, saw them, they were on the Q So there there that between And you A sir. was occurring Fifty or Sixty between Feet away? around there? the crowd gathered they there were were fighting? a number of a number of people are did not things observe where the that could have because fight of the crowd was actually occurring? sir. that could not identify the people who were fight? Well, guy was in around you and Q in fight assume you 19 involved yes, sir. Yes, don't see sir. A 23 you the was a large 18 the not sir. you and where people " time where lO 21 you did not. was down there, Yes, 20 stated women? I did A 9 13 you fighting? A men, the first 6 8 I believe like a white I said, shirt, know how many was in 24 Q You saw a fight 25 A Yes, sir. It the or only thing somethin' is like -- actually, that. And I it. occurring? was a free-for-all. & BURROWS HELVIN CLOSED MICROPHONE 403 PARK COURT VIRGINIA CHARLOTTESVILLE, TELEPHONE REPORTERS STREET 295-5207 �Marshall - redirect Q 2 - You could who had a weapon, A 3 not say whether or anything of that anyone 6 - had a weapon, or nature? No, sir. MR. SIPE: That's all. REDIRECT EXAMINATION 6 BY MR. HAUGH: Q 7 8 fight One further question. Were you there ended? 9 A No, sir. 10 Q Did you see any Policemen 11 of the in the At the fight? u somebody shovin', 15 Q Do you know what he had on? 16 A No, sir. 17 Q Do you authorize 19 20 at the was I was goin' No, sir. I saw after this that, time of the 13 1s area time fight? A 12 when the and I don't up through Only one thing there, and I saw know who he was. the Notary to sign your name to deposition? A Yes, sir. MR. HAUGH: Thank you. That's all. 21 And further this deponent saith not. 22 23 24 25 By Notary Public authorized to sign. HELVIN CLOSED & BURROWS MICROPHONE 403 PARK CHARLOTTESVILLE, TELEPHONE COURT REPORTERS STREET VIRGINIA 295-5297 ��- 7 - 2 3 5 I, Georgette 6 for 7 certify • to the 9 accurate the B. Burrows, State that of Virginia the best Notary 6 pages at Large, here of my knowledge and complete 10 deposition recorded 11 P. M., February 12 Court in and do hereby appended are, and ability, transcription 1964, County, an of the by me, beginning. 24th, of Rockingham Public in the at 2:00 Circuit Virginia. 13 Given under March, T5 my hand and seal this 2nd day of 1964. 16 17 18 19 20 21 My Commission Expires January 4th, 1967 22 23 25 HELVIN CLOSED & BURROWS MICROPHONE 403 PARK CHARLOTTESVILLE, TELEPHONE COURT REPORTERS STREET VIRGINIA 295-5297 �~ " � 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 Edward Lewis Shifflett Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1964 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_012 Shifflett https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_013_commonwealth-v-edward-lewis-shifflett.pdf 34a43675bc1cc40d5bae7a6c6a67d280 PDF Text Text COUNTY COURT A N<! 43995 Criminal Docket Commonwealth V. if;Jk~~) efendant Ji1/!1U V Appearance Date Trial Date (: !J(q/'I t) T-! 9-G·~ 9 - :;."7 - t:, a -3(, J~ ·t 9-; 1- ti- J 1?fv ~, »f~• ��Comp. Form 18-150M-2-l-63 STATE lr OF VIRGINIA Xlli:m.WJr:l.OF Harrisonburg No. _____ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: James Whereas, R. Sipe has this day made complaint and information on oath before me, -------------------- Justice John G• Leake (Name) City of The Peace of the said GcJaoty,tha~-------------- (Title) Rockingham Edward Lewis Shifflett did orythe kill 17th and murder day of~ ____ A_u~g~u_s_t ______ one George Pickett Shifflett, t:im:la:id County -----~·n or about , 19_fil_: against the Unlawfully ___ a_nd_f_e_l_o_n_i_o_u_s_l~y_ peace and dignity of the Commonwealt.1 of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham County Court of ~d 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. Given under my hand and seal, this __ l_9_th ___ day of---..--7"JA_u_g_u_s_t________ MILL __, 19~ (Seal) �STATE OF VIRGINIA-COUNTY OF ------------------------, I. a to-wit: Judge of rhe 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 _____ 4 , have this day each acknowledged themselves indebted Doi la rs of Virginia in the sum of-------------------------------------- ), to be made and levied of their respective goods and chattels, lands, and tenements be rendered, yet upon this condition: That the said _________ .___________ County, on the _______ of _ to the use of the Commonwealth to Circuit , shall appear before the Court County 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 ___________ days the said -,--------------------shall keep the peace and be of good behavior for a period of from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this ________ day of _________________ , 19___ _ Judge. J. P. ~ ("') 0 ~ u, ~E ~ .. 'T:1 s· ,.. \ t~' <: c+ c1- r-3 ..,. ::r.,...e-' '"$ l'!> (l) 0'-1 I-'· i..J ::i ~ \ ~ \._. ~~ ,, ~ , C: . ~ j's~ \,.) " ':r ~ ' ·;= ~ 3-, \" HJ ~ 0 t-'· ~ ~ Ill >-l ~ I-'• H, 0 ~ :::r' 0 ;i a cr' o ru t+ "::t p-' f-'• H, H, 0 (D (D () c-t- t-'·1-' ~ ~ t ~ t%j > t"' >-,] ::i:: I-' c+ J~~ 0 z z :s: p 0 :::0 t-'• :::0 [Jl tTJ r.n C/l >-l c-t- 0 ,; ~ ~ /!) s:: 0 ::, z 'T:1 0. ::1 t%j (') ► ~► (1) ij ~ o.s. ..... c+ X ~ ao ::, 1\.) (') :::0 ,, ro t-'· I-' I-'· :,;;- --.J ~' ~ 0 fJJ L-J ' ~ I-'·""? ctp-' tn rJl ,.., 0 ~0, ~ >- ,.~ OQ t, 0 ~ u, ::s I-'• p. '.:l c:..; 0::1 ~ ;:J l'D 'i !" 0. '>g° p. < ~ ,.. ti Ii e. .«> (I) ' 1-'·Al ~ ~ ~ ~ "'j tTJ X ,.. n ;J R 0. p., ® '< (1) 8., ~ '-r1 5(1) (iQ' ::,- >-l 0 g_ ~ g_ (") * 5· l)Q (") 0 i3 i3 0 ::, ~ (1) '-r1 (1) (b e. s- g?- ~ (1) ~.... ~- ::, :::;:i (1) ....__"' '-r1 ~ ~ ;.., l)Q (b (1) (1) ~ (JJ "' ., g l)Q ~ "' r. 0 i3 i3 Q -t::I ;:,.... :,,- ~ -'-i .... [ .,.Q .... .... ., g [ -·- g c.. ~ 'O (1) .,::, a.. ., ~- g_, 5· F. < 0 ., ~5· ., q (1) < '< 'O 'O .,,., ji' (1) ;!; er (b o' 0 ;;; '"" .,,,, ?; 0 s- B (1) (1) '< >-l ::,- .~ 8 (JJ >--l (1) (") 0 C: 0 (JJ ::, ~ ::, ;. <ch (") g. 5· ~ Oil ~ s· r i:: ~ ~ ~ \) (/' \ ~ ;::;· 0 ::: 0 .... r ~ i:: 9 .."' (b ~ ~ (b ;;; ,., (1) 8 l)Q ::, ;;· a. "' �Comp. Form 18-150M-2-l-63 l STATE OF VIRGINIA COUNTY OF _____________ f No ..______ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, ---------------.-----------------------has this day made complaint and information on oath before me, --------------------- (Name) of the said County, tha.._ _______________ _ (Title) ________________________________________ did on th~ _____ in the said County day of_______________ , 19__ : Unlawfully __________ _ These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said, County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to Jaw. And you are also directed to summon: color Address -----------------L color Address ---------------- □ color Address color Address ----------------□ color Address O O as witnesses. Given under my hand and seal, this,_____ day of________________ (Title of Issuing ~ Officer) 19_ (Seal) �City OF VIRGINIA-CQUm'Y STATE I. Jr ,,.T 2.s c :11Jur ,... ----------------------, n r;. I,e• 1 l<.:e :Jmt°M::OffflieC~ii'fyC.cduM:in and for the ~y -------------------a that Lucy : . Justice of the Peace _,-'c-::'.'..:oyd s:_iffle ,s·~., 7500 • 00 ), to .,~ .,~ f-~le:l:::b ~c'uard ~oc 1:inf h • m of---------------------2. P M ., at H -"r:' s riburc-at • F State of Virginia, do certify as his suret_~J~e"-S=----, have this day each acknowledged ·'t'vnncr ,-'") 'F'TV , TTTJJ'""IJ:ST)- be made and levied of their respective goods and chattels, be rendered, yet U!'IOnthis condition: That the said araresaid, . and _....,,.--.-----=-------=--=---:---c=-==-___,--,---,---------,---,-,---,c~~~ 11ill: 1 C c 1,ifflett " ev ci, • ,..,,.,7 111 "'"-r to the Common~•ealth of Virginia in the sum of' ~ ':\TP. ($ t~rt ~I~ OF T ev1 S 8 1 ". County, on thC----~-- -- - - - -- themselves indebted - -- -Dollars e -- land~, and tenement~ to the use of the Commonwealth fJett 07th , shall appear before the day of ,..,eV\tem Cil;Xot County to Court r , 19~, 6 ") · may b e continue • d ,Virginia, and at any time or times to which the proceedings 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 0£ or until it is declared vojd 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 ----------~ays from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this __ 2_._,,_.~_d ___ d,y of 'l 0 USt .;tL , ~,:', ~.J.P. ;:. "' (') 0 :! U) tTl >< ,., "' C: ,., 'O p., ,., 0 C ~::, i:,...,. "' 0. < !" ;; ;. :r ... tn· "' ► ~ ~ ;. "' >4 p., "' 3 5· s· ::s 0 g, ;. ~ ~ > "' ...... li<j" :r 5· °" "'1 (0 (0 Q 3 30 ::, ~ n, ., e: ?:- V, :r .... "' ~ ~ ., °" "' ~ s "'1 Si ---.."' ~ .... n, V, n, °" ..g ~ ~ Q !. 0 Pl ;,;- .. tl:l ....: >-1 .... ~ ~ ., '° I p., '< 0. g, .... "' g 'O ::, "' .. ~ e. (0 p 0. ::t, C ::, p... ~ .... t_%l .., .., :x: ::s ~ n, ~ ~ (fl 5· -"' p z > t"' tTl ~;. ., oq a: 0 ',j :r ~ .., t_%l (') z.., 0a: z ... p., (') ► p., ,., t:, 0 ~ .. p... ··'< < c§' 0 5· ..... __&i' .. < i:;· 8 .; 5· °" 'O F" i.... ~ CT' n, a' .... n, ..... 0 "'> 5n, 8 .... ::, n, '< >-1 t:r n, 8 ~ V, >-1 V, 0 (') (') 0 C ;:;· ~ ~- ::, ::, 5- .,.,, Q C ::: a, .... \D l Q §: [ 5· °" ~ ;· ll :l ~ n, n, .... .... (0 ,., 0 C ::, °" 9 n, ::, ;:;· p... �COMMONWEALTH v. EDWARD L. SHIFFLETT INSTRUCTION The Court instructs degree is any willful, human being the Jury deliberate by another I that murder in the first and premeditated killing of one with malice. Murder in the second degree human being by another with malice, is the willful but without killing of one any deliberation and premeditation. Voluntary manslaughter human being by another engendered or brought without is the intentional malice, killing in the heat about by reasonable of one of sudden passion provocation or in mutual combat. Involuntary contrary unlawful, a lawful manslaughter to the intention but not felonious, act. is the killing of the parties, act; or, of one accidentally, in the prosecution in the improper of some performance of ��COMMONWEALTH V. EDWARD L. SHIFFLETT V INSTRUCTION --The Court instructs in Virginia In order burden offense burden is presumed to elevate of proof the jury that every unlawful in law to be murder in the second degree. the offense to murder in the first is on the Commonwealth; and in order to manslaughter, homicide or to show a justification is upon the accused. degree, the to reduce the or excuse, the ��COMMONWEALTH v. EDWARD L. SHIFFLETT INSTRUCTION The Court instructs evidence in this degree, relies inflicted the law presumes and the Court is upon the defendant defense to take in the case, they believe instructs from the the defendant, blow upon George Pickett him to be guilty to excuse of murder in the second if the defendant or justify the killing, the burden supporting evidence to introduce the jury whether consideration that that or not the plea by such supporting into if doubt that the mortal and in deciding is established of the jury proved further upon self-defense in self-defense; that case beyond a reasonable Edward L. Shifflett, Shifflett, the jury all evidence, the facts it he acted of selfis the duty and circumstances both by the Commonwealth and the defendant. �., �COMMONWEALTH v. EDWARD L. SHIFFLETT INSTRUCTION --- The Court instructs deliberate intention prior and premeditated to kill to the actual some deliberation purpose should the jury killing, exist killing; that it to constitute is not necessary for any particular it and premeditation at the time of the killing is only necessary length that given by the accused a willful, that the of time there was to his or at any time previously. ��COMMONWEALTH v. / EDWARD L. SHIFFLETT J___ INSTRUCTION The Court instructs constitute a technical in the foregoing sense, and includes but every unlawful will denote an action flowing motive. with such circumstances and cruel act regardless malice against and revenge, It is not confined but is intended intention, as to carry of social is implied another or implied. hatred persons, and wrongful to of murder is used in from any wicked and corrupt indication of a heart har/7? on ·~~ therefore deliberate necessary express not only anger, and unjustifiable mind and purpose has been attended bent malice definitions to any one or more particular with an evil plain that the crime of murder may be either The worJ "malice" ill the jury motive, to to done where the act in them the duty and deliberately by law from any willful, however sudden. ��COMMONWEALTH v. EDWARD L. SHIFFLETT 0 INSTRUCTION The Court proof to the contrary, use of a deadly serious instructs bodily weapon, injury. malice the jury that may be implied when used to cause in the absence of from the deliberate another death or ��COMMONWEALTH V. EDWARD L. SHIFFLETT 7 INSTRUCTION The Court injury is committed feloniously the jury when one person and maliciously another, intending or kill such other. person instructs thereby and wilfully, either injury but not maliciously, to maim, disfigure, disable or kill bodily is committed to another intending wounding wilfully, to maim, distigure, wounding bodily malicious unlawfully, wounds or causes Unlawful wounds or causes that to disablewhen one unlawtully thereby such other. injury either or ��COMMONWEALTH v. EDWARD L. SHIFFLETT INSTRUCTION The Court instructs a malicious kill, cutting, and unlawful presence or absence the jury with intent cutting, of malice that the difference to maim, disfigure, with like intent, on the part depends disable between or upon the of the accused. ��COMMONWEALTH V. EDWARD L. SHIFFLETT INSTRUCTION The Court instructs intend the natural and probable the jury that consequences a man is presumed of his act. to ��COMMONWEALTH v. EDWARD L. SHIFFLETT INSTRUCTION In considering burden of proving the guilt the Court instructs "reasonable" nor its guilty doubt, must limit the trial of this ences Afii8JISt-. its consideration case, including he +6 the jury from lack of evidence, proof If, the evidence, after your minds are left a convinced then the Commonwealth has failed If, consideration conviction all on the other of all the evidence of the truth reasonable doubt. hand, bear presented in mind that at infer- of the accused of of of the accused, burden. an impartial in the case, of all doubt as to pre- of the guilt to meet its and circumstances. consideration in such a state or from be a doubt of a and non-essential belief any doubt testimony should and honest of the charge, of the charge, and reasonable of the guilt after doubt. of the proof fact, immaterial a reasonable you from reaching or possible from conflicting to the proof or re-jron-J, should of any particular essential with imaginable to the evidence f-he the word a man must be proved the natural c/,;;twn doubt, doubt is a doubt which conceivable upon the sufficiency not a mere doubt concerning vent A reasonable imaginable, Furthermore, fact you should not overlook for the law does not say that the jury questionable beyond reasonable and is not to be confused In passing material that meaning. beyond every arising or not the Commonwealth has met its of the accused the jury is founded on reason, possible whether and reasonable you have an abiding you are then satisfied beyond �. ( �COMMONWEALTH v. EDWARD L. SHIFFLETT INSTRUCTION The Court is a question witnesses exclusively on the stand, and consistency their apparent the witnesses witnesses result instructs of their circumstances their or lack they if any, which witnesses are more worthy weight of any such testimony apparent candor and from all the jury of credit and to give and fairness, the opportunity the relationship the interest of the the reasonableness of intelligence, speak, on the trial, of witnesses and from the appearance their if any appear, appearing the credibility manner of testifying, testimony, to know whereof of the trial, that for the jury; intelligence to the parties, the jury of the of the witness other in the surrounding has the right to determine and what is the relative credit of accordingly. ��The court instructs the jury that in order killing to amount to murder in the first involve on the part tion of the defendant and premeditation, with malice the Commonwealth has not proved doubt, then the defendant cannot degree for the it must wilfulness, delibera- aforethought, and if such beyond all be guilty reasonable of that crime. �lio �The court instructs the jury that in order for the killing to amount to murder in the second degree, invmlve on the part necessarily • of the defendant deliberation If the Commonwealth has not proved able crime. doubt, then the defendant malice, it must though not and premeditation. such beyond all is not guilty of that reason- �~ �The court killing on the part but without passion, all the jury to amount to voluntary must involve act, instructs and if reasonable of that crime. malice, that in order manslaughter, of the defendant an intentional such as upon sudden heat then the defendant the such killing the Commonwealth has not proved doubt, for cannot of such beyond be guilty ��J) The court instructs the jury killing to amount to involuntary involve on the part to intention, felonious act. a killing crime. doubt, for the it must contrary of some unlawful performance If the Commonwealth has not proved reasonable that or in the improper in order manslaughter of the defendant in the prosecution act, that then the defendant but not of a lawful such beyond all cannot be guilty of ��The court in Virginia In order further is presumed to elevate the burden of proof reduce instructs the offense the homicide to murder in the first degree, is upon the Commonwealth, and in order or to justify is upon the accused. to consider all by whom introduced, and ascertain guilty and if or innocent, homicide to be murder in the second degree. to manslaughter, the burden of proof duty of the jury the jury that.every guilty, It is, or excuse however, of the testimony, therefrom to the no matter if the accused of what offense. it, is ��The court to surmise possibly instructs that the licks or probably Shifflett, but you must believe doubt that ba.ows before you can find h rla struck did result a reasonable (nq the jury 1/J / Je,-_ r that it is not sufficient by the defendant in the death from all of George Pickett the evidence the death was the actual the defendant might or guilty f beyorul result f>1...,,. of the de r @ /"\ ��The court further instructs the jury is unjustifiably~ assaulted have to retreat, force by force reasonably taking but may stand his of the life to repel he does not as to him may seem the attack, of the assailant. if one ground and repel and may use such force necessary that even to the ��The court instructs the jury more than one assailant,the upon the hostile appears either- to him that acting together bodily injuryo slayer demonstration them, and to kill that has the right of either one or all they were present to take his where there life to act one or all of them, if it for is of reasonably the purpose or to doh~ and some serious ��7 -The court instructs the evidence Shifflett stances that brought him great Shifflett, bodily such design into out afterwards there were circum- immediate for believing defendant, harm, and there that or that is excusable, the defendant or to do him great the defendant. then, although the appearances on the part as to afford that or to inflict under personal on of carrying these cifcum- it may have turned were deceptive, of George Pickett the said with others, was immin&tnt danger execution, from or George Pickett or he in conjunction was no design must acquit Shifflett grouns him, the said the killing if they believe by them of such a character a reasonable to kill that did any act about George Pickett stances, George Pickett with others, the defendant designed the jury and there Shifflett injury, to kill and the jury ��J The court danger, if any, consider instructs in other words, to be tried as they reasonably that in passing was exposed, as they reasonably and draw such conclusions as he could reasonably is entitled that to which the accused the circuJnstances the accused time; the jury have drawn, the court instructs and judged by facts appeared you will appeared from these situated upon the to circumstances as he-was at the you that the accused and circumstances to him aBd not by any intention may or may not have existed in the mind of the deceased. ��The court instructs the jury --/4,Mlt' threats o/ if they believe were communicated.A which he believed, terial whether their influence cerned. that accc..r ✓ ~ the threats were true upon the action it or false, of the defendant that is imma- so far as is con- ��The court reasonably him for bodily for his instructs apprehends the purpose the jury that another of killing harm, then such person own necessary that when a person intends to attack him or doimg him serious has a right self-defense. to arm himself ��The court evidence accused the jury instructs to disclose the jury any other is not a circumstance in determining until to be prejudiced to any other his his own innocence agent; agent than the or not he is guilty of the The prisoner is established, by the inability criminal criminal of the by whether guilt the failure which may be considered crime where\'1i th he is charged. be innocent that is presumed to and he is not of the Commonwealth to point nor is he called by naming the guilty agent. upon to vindicate ��The court of suspicion, of guilt, unless further no matter and that the fact of his innocence guilt exclusion consistent ( the jury how grave the accused doubt to the actual of his instructs that or strong, circumstances are not proof must be found not guilty is proven of every beyond every reasonable reasonable with the fact proven. hypothesis ��COMMONWEALTH V. SHIFFLETT CHARGETO JURY If you find murder, as charged with malice meditated, you will and that at death, If you find than twenty with malice aforethought, for not less If you find him not guilty of murder in the second degree, without malice on reasonable of voluntary in the penitentiary he killed actual for not less than one nor more than five at confinement in the penitentiary years, or, exceeding one thousand dollars, one year, or by both such fine Shifflett, of maliciously with a knife, find with intent nor but find say so and fix his than one by a fine in jail of not not exceeding and imprisonment. cutting him years. degree, for not less or by confinement of murder or manslaughter, but and wounding George Pickett to maim, disfigure, ~ at confinement manslaughter, in your discretion, If you find him not guilty find him guilty you will of murder in the first punishment five combat, you will nor upon sudden and fix his punisµment manslaughter, in George Pickett manslaughter of involuntary was years. degree, or implied, nor of voluntary it at confinement nor more than twenty him guilty for find him guilty or in mutual of murder in the second degree, and but that provocation, If you find him not guilty nor more than degree of murder in the first but that aforethought, and pre- in the indictment, then you will and fix his punishment than five I years. the same was committed and premeditated, of in the penitentiary as charged the penitentiary guilty deliberate of murder in the first or by confinement of murder in the second degree, heat, it was willful, of murder, deliberate guilty the murder was committed him guilty not willful, Shifflett and that find him guilty or for any term not less and that Edward Lewis Shifflett, in the indictment, aforethought, fix his punishment life, the accused, disable or V ��kill, you will penitentiary twenty say so and fix his for a period punishment of not less by confinement than three years in the nor more than years. If you find maliciously unlawful cutting cutting his punishment not less him not guilty or wounding as aforesaid, and wounding with a knife, by confinement by confinement in jail not· exceeding exceeding hundred dollars. If you find but find you will in the penitentiary than one year nor more than five of murder or manslaughter him not guilty, five years, twelve him guilty of i in your discretion, months and by a fine you will of say so and fix for a period or, or not say so and no more. �.,. . \ � 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 Edward Lewis Shifflett Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1964 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_013 Shifflett https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_017_commonwealth-v-edward-austin-michael.pdf 6801e342f37a4a74da022cc5811a79d6 PDF Text Text PRE-SENTENCE INVESTIGATION Staunton, Virginia February 12, 1957 NAME: Edward Austin Michael CITIZENSHIP: American ADDRESS: 1426 - 21st Street, N.W9 Washington 6, D. c. MARITALSTATUS: Single NO. OF DEPENDENTS:None AGE: 22 (Born 9-19-34) SEX: Male RACE: White OFFENSE: OFFENSE: Contributing a Minor to Delinquency of DEFENSECOUNSEL: Julian K. Hiclanan (Employed) On December 28, 1956, Edward Austin Michael was brought before the Rockingham County Circuit Court with Judge Hamilton Haas presiding. This man was represented by his own employed counsel, Mr. Julian K. Hickman. 11ichael was charged with sodomy, but inasnruch as the evidence showed that this man had merely made a proposition to a thirteen-year-old boy and did not lay hands on him, the evidence on behalf of the Commonwealth was stricken and Michael then entered a plea of guilty to having used language tending to contribute to the delinquency of a minor. The Court found Michael guilty of the lesser offense, but deferred imposition of sentence and ordered a Pre-Sentence Investigation and Report. It is reported that on May 1, 1956, at approximately 10:30 p.m. the subject, while driving north on Ma.in Street in Harrisonburg in his automobile, observed a young boy proceeding in the same direction near Cline's Frozen Custard Stand. It is reported that the subject pulled over to the curb and called Roscoe Turner, white male, age 13, over to his car and made a proposition to the lad offering him $3.00 to participate in an unnatural sex act. he lad refused and later reported the incident which resulted in the subject's arrest. PRIOR RECORD: The only prior record is reported by the Delaware Interstate Compact which states that around Christmas 1951 this man was picked up by the Wyoming, Delaware, Police on a charge of sodomy and was given one year on probation, They indicate that he had lived up to his conditions of probation. FAMILYHISTORY:Edward Austin ~ichael was born September 19, 1934, at Dover, Delaware, The subject is the second of four children born to "Whitney T, and Esther Austin Michael, The father, who is now 50 years of age, was born in Elkton, Virginia. The father was employed as a Director of Physical Education in the Smyrna High School at Wyoming, Delaware for seventeen years, He left this employment and entered the restaurant business where he was so employed for seven years, but returned to the teaching profession in 1956. It is reported that the father enjoys an excellent reputation, does not use alcoholic beverages and has no police record. The mother, who is now 48 years of age, was born near Delmar, Delaware. The mother has been employed by the Delaware State Department of Health for the past two years. Prior to this, she was employed by the Delaware State Highway Department. The mother has no police record and does not use alcoholic beverages. It is also reported that this is a very congenial family. �r J �RE: Edward .Austin Michael Page 2 ......... The subject . has the following brothers and one sister: Whitney Theodore Michael, age 26, Dover, Delaware The subject Marjorie Michael, age 18, Wyoming, Delaware Carl Small Michael, age 16, Wyoming, Delaware Neither the brothers nor the sister have police records. It is reported that the subject during his adolescence was very much overweight and did not reach complete puberty until he was approximately 18 years of age. It is also reported that the other members of the family were very athletic, but that the subject had a talent for music. Therefore, the subject was moreorless rejected by his father and brothers, but is reported to have been moreorless dominated by his mother, This lad left home at the age of seventeen at which time he enrolled in Madison College at Harrisonburg, Virginia, where he would have graduated in June 1956 if this offense had not occurred in Ma.yo It is reported that Michael established a very high scholastic record while at l1a.dison, having been on the Deans' List six out of eight semesters, This man was also President of the School Orchestra, VicePresident of the Band and Vice-President of the Y.M.C.A. As a result of this offense, the subject was dismissed from 1'1a.dison College afterwhich he secured employment in June 1956 with the Y.lllsic Educators National Conference of Washington, D. c., where he is presently employed. HOME ANDNEI- It is reported that the subject was raised in a small town, The parents own GHBOR.HOOD: a twelve-room frame house located on Pine Street in Wyoming, Delaware, This home is located RELIGION: in a better-class section. It is reported that the subject is a member of the Calvary Baptist Church at Wyoming, Delaware, and while living at home was employed as a paid soloist in this church. INTERESTSAND The subject's leisure-time pursuits ACTIVITIES: nrusic, reading and editorial work. voice and piano,. HEALTH: white residential consist of attending sporting events, He lists his outstanding skills as music, It is reported that the subject now enjoys excellent health. However, during his adolescence he was treated for approximately five years due to the improp6r function of his thyroid glands, As a result of this offense, the subject has been ta~ing psychiatric treatment under Dr. David C, Wilson, University of Virginia Hospital, Charlottesville, Virginia. Copies of Dr. Wilson's reports, which are made a part of this report, indicate that the subject has made considerable progress since being under treatment. Dr, ilson also indicates that there is no reason why this man should not remain in the community as he feels there is every reason to expect that he will get along as far as his relationships to his own sex are concerned. Dr. ilson also recommended that the subject continue reporting to his office th.Doughout this year. ��RE: Edward Austin Michael Page 3 . . . . . . . . . . EMPLOYMENT: Since June 1956 the subject has been regularly employed by the Jlfu.sic F.ducators National Conference, Washington, D. c., at an annual salary of $3,250.00. The subject has had no Military experience. P.ESOURCES: The subject has no resources. RECOMMENDATION In view of the favorable report by Dr. Wilson and also from the Delaware Probation Authorities and our own Office at .Arlington, Virginia, it is this AND PLAN: Officer's opinion that a suspended sentence in this man's case would be compatible with public interest. Respectfully 1~ yours, :I 7{~#:?' William H. Ralston Probation and Parole WHR:ABM Officer �' ) �C-0-P-Y UNIVERSITY OF VIRGINIAHOSPITAL Department of Neurology and Psychiatry Charlottesville, Virginia ~y 17, 1956 Julian Ko Hickman Hostetter Building Harrisonburg, Virginia Mr 9 Dear Mr. Hickman: Mr. Edward Michael reported to me on ~y 12 and told me of his difficulty. After talking to him I had him examined by Dro William Parson, the professor of internal medicine and also an endocrinologist, and had psychological studies made by Dr. Arthur Bachrach who is in charge of our clinical psychology division. After they had seen him, I saw Mr. Michael again. I have now talked to Dr. Parson and Dr. Bachrach regarding their findings. The outstanding findings in the case are first, that this man is very well developed. He may be a little overweight but otherwise he is in excellent physical conditiono There is no question but that he is a very normal man in all respects. The second finding was his story of his development. He undoubtedly had a delayed puberty. He was overweight and short and did not reach complete sexual change until 17 or 18 years of ageo The next finding was his story. He was born in a family which was quite athleticq His father is an athletic coach and his two brothers are definitely natural athletes. He also has quite a dominating mother who was very ambitious for her children and has been especially ambitious for :Edward. He has shown a good deal of talent in music and she has been especially persistant in her efforts to guide him in every detail of his development. The father on the other hand, has given him only passing notice while he has been very enthusiastic over the accomplishments of his other two sons. I think we can say very definitely from the history of this family that Edward has had definite rivalries with his brothers and also has had mixed feelings and relations with his parents and that this confusion has had a good deal to do with his present difficulties. In his history also is the story of his homosexual relationships of three years ago when he was caught up in a gang of adolescents. The majority of them were older than he in the beginning, but apparently they later exploited younger boys and at that time were caught by the law and he was put on probation. He has maintained his control since that time up until now, and his present solicitation is apparently the first time that he has manifested openly any of his homosexual trends. Fourth, Edward presents a front of charm and unconcern which impresses one as being somewhat assumed. This artificiality disturbs us somewhat, although it is easy to understand that he is forced to assume some such method of defense if he is to contirru.e in the community, Nevertheless it is disturbing to us when we attempt to prognosticate regarding the future. ��UNIVERSITYOF VIRGINIA HOSPITAL Department of Neurology and Psychiatry Charlottesville, Virginia -2- My conclusions regarding the whole picture are as follows: in the first place this man is by no means fixed in the homosexual role by any physical or glandular handicap. He has been forced to relate to a certain degree through homosexuality by his delayed puberty and by other circumstances in his environment. At the present time it is most important not to overemphasize his homosexuality and to lift as much as possible any taboo that there might be on his relating in other ways. Naming or condemning him as a homosexual will prevent him from making normal relationships and also heterosexual relations, and I should add here that he seems to be perfectly capable of normal relationships with women and apparently has a very close girl friend at this time. If he is not graduated or if he is excluded from the group, it will go far to isolate him and certainly will make it very difficult for him to carry on relationships. This man is quite mixed up. He needs psychiatric help and he should have it right away and in an intensive fashion over the next year or two. I believe that arrangements should be made for this to get underway before he takes up his job in Fairfax next fall and then it should be decided by his doctor whether he could go ahead with the work in that community. Undoubtedly he should be given sympathetic understanding and support rather than punishment and so-called corrective confinement. Nevertheless, this facade of unconcern which he presents makes it necessary for him to be definitely impressed with the seriousness of his situation, with his need to continue in therapy until he has worked out many of his conflicts. I understand that the whole situation has been discussed with his parents. I believe the sympathetic support of his father and mother would go a long ways toward helping him to work through this very difficult time. If they would like to talk to me I would be glad to do so, or if there is anything else I can add to this letter to help out in the situation, please let me know. Sincerely yours, /s/ David c. Wilson David C. Wilson, M.D. dcw/d WHR:ABM STATEOF VIBGINIA, COUNTY O• ROCKINGHAM, to-wit: This is to certify that the foregoing is a true and exact copy of a letter dated May 17, 1956. My commission as Notary Public will expire on February 1, 1958 ��UNIVERSITY OF VIRGINIAHOSPITAL C- 0 - P - Y Department of Neurology and Psychiatry Charlottesville, Virginia January 16, 1957 1".croWilliam H0 Ralston, Probation and Parole Officer County Office Building Staunton, Virginia Dear Mr-. Ralston: Edward Austin Michael has been reporting to my office on an average of twice a month since our first studies on him. Since that time he has shown a good deal of evidence of more maturity. He has gone along with his job in Washington and has taken part in a great many different activities in and around that city9 We have gone over his relationship to his family and his relationship to friends and also to boys and girls. He is still having some difficulty with his maturing process but certainly there is no reason why he should not be in the comnrunity and I feel that there is every reason to expect that he will get along well as far as his relationships to his own sex are concerned. I would like very much to talk to you about him if you wish to come over at any time. I expect to continue working with him. I would like to have it understood that he should continue coming to this office throughout the year. Sincerely yours, (Signed) David dcw/d WHR:ABM c. 1ilson, M. D. ��COi~"'101.J\ffALT:-I OF. VI GI 'L v. WE ~ORANDU'iCF THO TY EDVv D A JSTI J , ff CHA L The defendant Jnd feloniously attemp Roscoe Turner, tion of the commission of the by the approach i~ viola- against Commonwealth of Virginia' in this replied, case if 11 co:1tinued or statement. of age, one the . deals Of course, of the with the under this attempt, if evide~ce. defe:1dant parties years "Unlawfully +he nouth, 1950 Code of Virginia, by the boy in question and the thirteen can be found guilty The evidence asked with ly know by or with of sodomy and buggery. the defendant warranted in a warrant lA-98 of the Code of Virginia Sectjon Sec~ion to carna 18-98 of the and dignity actual charged, a minor malP child of section peace is he, the def~ndant the defendant, wanted on their way without did not touch him, and made no statement oth any further the hoy, to him other was a drag, Do you want a blow job?". ·~0. The defendant shows that comment did not than that just quoted. We respectfully of ~roving hat an attempt An attempt ital elements, attPmpt uestion, rurtherance the K. HICKMAN ATTORNEY HOSTETTER HARRISONBURG:. rime. to commit the crime to commit a crime doubt, (2) An attempt of that intent •~ one, is an a tempt There must be some physical AT LAW -1- far short of two main and by the Commonwealth t t to cayry out the e intent. An than mere prep1ration. to commit murder, poison with sur~ would contend towards BUILDING: VIRGINIA cons~sts may purchase I feel falls of sodomy was made. namely, one may have an intent crime. f the poison JULIAN the evidenc~ to commit a crime must go further o illustrate, it that lioth of which must be proved reasonahle rime in submit the co~mission act to set and in which to com- that the purchase of the in motion intended the com- �(, �mencement attempt of the consummation to cowmit a felony. or an offer is the In that into defend?nt case was not guilty a little of candy. her upon a rock sexual at the intercourse, evidence The child child and left was, we think, While it assailant to commjt the ro overt act intention of the desired result they a button have from her scene. stated The Court to convict there "fax that into discontinued "the the ~cused on the part was no overt to accomplish which reached had "gotten and the defendant showed a des5re crime, held to accompany him they snatching Court to commit rapeo and suggested insufficient rape. a present the the girl After same time protested attempted strated in effect. of an attempt induced of the mere preparation such motion the woods he seated the is that v. Commonwealth 5 SE 2d 491, the woods by the offer molesting it to set the defendant snow suit''. one can be convicted Certain insufficient In Mullens t~at before of the act which demon- Certainly ito enough towards of an there was the accomplishment to amount to the commencement of the consumma- tion." In the even within under discussion, the power of the and the defendant an overt case act consummation accusedo the boy in r.uestion The boy was on a bicycle was in an automobile, which could of the be construed crime so there could in question. to say at Page 539J "the in the is ihat crime K. HICKMAN ATTORNEY HOSTETTER HARRISONBURG, case viewing most t it of manufacturing preparation paration consists of the crime. commission, after ardent for the attempt of arranging The attempt the for spirits. preparations AT LAW BUILDING VIRGINIA -2- t c n in a light he was making preparat2on between sion JULIAN instant not have bee as a commencement of the In West v. Commonwealth 157 SE P~ge 538, this was not the Court s i o unfavorable an attempt There and the t e evi to the is quite attempt accuse a difference itself. for the Precommis- movement towards have b0en made ence to commit the the means necessary is the direct had 11 4 its ��The evidence in this case does Michael made any preparation crime. He merely obscure. asked I venture whatsoever a question, the opinion know what was meant by the a number of cases in every one of them where this towards that of the In th'? cas0 the intent o+ the of a third the court who failed to take 11 case probable of no useful cause purpose dealing he crime with be cer+ified with submit this that AT LAW to show that a cr·me by the Grand Jury; HOSTETTER BUILDING HARRISONBURG, accused. 86 VA 223, the conduct carry 195 out in the by ~ 1109; by citing the cannot be con- subject. the defendant w~ich he has heen charged, VIRGINIA -3- and there has been committed therefore, Respectfu HICKMAN the or modified he served C3~ of the warrant. K. act and solicitation towards v. Commonwealth 81 SE2d 574; number of c1ses victed ATTORNEY "but of the defendant has not been reversed Ve respectfully JULIAN overt to convict any steps the May 3, 1954. We think great at all ineffectual shown, and decisions. See Martin decided for to commit rape, the preparation The conviction who was reversed. The Hicks subsequent was clearly than design. it was presented in order s I did not knowa of !-licks v. Commonwealth 9 SE 1024, got no further party criminal lewer crime few people has had before be a direct to commit the crime accused are very attempts of the of which question I am sure ~atter must as to show that the commission there involving there the commission that of Appeals decision has held for the meaning question. The Supreme Court Court not even go so far 11 y, we request C dismissal is m no ��Commonwealth On a varr&nt v. Edw2rd Au~tin the 2ccused, dc:y came trie attorney Edward Pustin z2nce E.nd by his trial by jury sodoI'ly) after hearing consultine to submit all thereto, hee.r and determine e2se without he e ttornev dence herein with for e.n 2greed his counsel, and recognis2id weived of law and fEct the attorney and the court for the inL~tion to the uroceeded to of a jury. the conr-n.onwealtr; introduced state!nent moved the court to his Thereuoon, matters and determin2tion, this the cormnonwee..lth, K. Hickmrn. c01ru:1.onweal th consenting ~ (attempted came pursu2nt Julian and agreed for for Hicheel, attorne:r, in person, the court a felony Michael This accused, charging as evi- ~c,,,:-~/"e,'7 of facts, and the c:.ccused, by 11 such evidence of the commonwerlth~ to strike e- £as beinp- insufficie·!'J.t r.1otion the court les to 0 er included • ich counsel, motion punishme tion to su Dort the felony suE"tPined, of~ense 1isdeneanor the eccused of the accused, deferred bv the P-robation to whom the matter for of contributinr end w s thereupon twas but ret2ined found to rwrit 2nd P2role was referrec further guilty, cruiltv with 2 re~ort Officer of Edvice for nre-sentence this such purpose. Parole the of his 2nd imposition 2 tion of a minor, of such 1lisdemeanor. the fixing for consider· to the celinqueJcy plead by counsel, ch .rge of sodomy, which On further of investiga- Dictrict, Thareupon, the �accused was permitted to remain for his re-appeerance before report of the pre-sentence this in the custody court investigation at of his such future bail, conditioned ·time as the inc=y be made and considered. �TRIAL JUSTICE COURT Criminal Docket N'! 20885 A Com'th V. ~.vi . AppearanceDate '- Trial Date - ~- • ~'ufficient cause found. ~ ~- (!~~lf/JJ °"Y"&<A. I -l-1l 'Jl.f _,,-15 �... �Docket No. COMMONWEALTH VS. _:!lfJWRAN 1 of VIRGINIA } ) Felony ( attempted sodomy) } EDWARDAUSTIN MICHAEL Julian K. Hickman ::....=:::==-----=~==='---------P• Own (x } Appointed d. ( } CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �Keystone Envelope Co., Phila., Pa. �APA-104 JP-7SM-9-55 OFFICIAL RECEIPT FOR CASH DEPOSIT IN LIEU OF RECOGNIZANCE 1937~ K RECEIVED BEFORE THE -J.~ .....~-,4~~~~~'....._ ON THF..!)___;,,(,_y -'1NDER &L WHICH ~-.J OF OATJ!t BY S~19-107, ~ -,}~ -1._d/,-u___ ?:-<J. ..L~ INCLUDES COURT ___ FEE OF THE 19~ 1950 CODE OF JUSTICE OF _ _£.C:_,:£,LL::t!',!~~jllt::':L/.:-,:a,:;11... AT_L::~:tTO ~ - OF THIS RECOGNIZANCE VIRGINIA DUPLICATE-TO COURT COUNTY ANSWER CHARGE MADE AGAINOIT HIM· ON TH~Y FOR TAKING __ OR ~ $ ~ $/$ DOLLARS J9.£,._ t:JO ��c. A. s. No. 4 Received oL .. ~ For OFFICE OF THE CLERK OF 12659 ~ -~~~~!~:•~::=~~;,.-= -~---~ -~=--=-•--'~=- h~~•1t~~::::·· ::'.~ ·::~-j°;;;(ii;:;_=-·· -~--st• ::~?:/:a=~ :Dollan =l=~=======r:==~===:;;~=~====::====±:::=:::::~=:!::=~~ ~ I UBT I ACCOUNT I AMOUNT 1------.Hf--+,------;,r------:------A-----.------:;-----;---l-----l----1 0 Deput11Clerk �-- -11 I-,_ ..... ---- ··------- ,....,.,,,,,_..,...,,,-.,._ ;;-.,,,.._,.,-- -- ------ ✓ -7..r --- ;.;-.,,.,,.,. - ., -..r ., J""J.,-- �COMMONWEALTH ~~ VS.~~ DESCRIPTION OF PRISONER Last known address / w,e____:________.Jl---l,I,' 1 Height __[~ ~~-"-'I _ Color0..,,;tp___ Marks ~)~f2~&?~-2,L-J.-L'--IJ5_,,,._~;:___' _72,,._,___. tlla~~==MiJ~t::..:.__";t., _£:,jj:::..._.---=-c_. _ Eyec:.6-, ,nrt./ Hair~~ ---+'l,~,, Weight ,,{ / X Unt-L Age,--M,-~,4,£.1.4Date of Trial 3 - //-~/ Resul.._ ______________________________ _ ��FORM TJ e-so SETS OFFICE THE I Hand you Herewith follows: TRIAL OF JUSTICE my Check No•-+-----=--;-_..nsettlement of my account aa DESCRIPTIONS ---1-----------------------1----1 r' AMOUNT ��I, Edward Austin MjchaeJ , the accused in the attached warrant, in open court, before the Judge of the Circuit Court of Rockingham County, Virginia, do voluntarily waive indictment on the said charge of __,a~1 ........ t~e~m~p~t~e~ci~s~o~d.o~ro~Y-------------- • Given under my hand this Witness: ~6~1-h.._ __ day of _o~c~t~o_b-e_r _____ , 195_6_. �I [ �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereb • h of Virginia to summo.~--------- ' to appear be~e ___ the Trial Justice Court of said County, sitting _./,___day of to give evidence in behalf Q~ , lg,,('{, at Harrisonburg, Virginia, at the hon, of..._ _Q.~uJ_r_fh..._...c../ _______ m said County, on of that day of__..C ...~~,..o.._...a,_-tl-=.__ ____________________________ _ v. ~ Subs. Clerk 7-52-SM-Garrison �{ \ II> :::i (b 0 "O s:: r::r (fJ (b :::i en en -· ..... ~ '. . . ' . r !·: .~ IQ,.. r -~- e-, (_, n (b s:: en ..... ' -t . ..~ '5'1 ;:i. s:: n 0 ·: l z p ..... (b :,;" <.-j ::i. e. b .g -c ... .... 1-'.l SHERIFF , • • -..c:;o•+.-- • ROCKINGHAM COUNTY SON. _3.uJ.1 u> , ·"' OPY OF TH • TO ~ v 6:!:ECYT-En-f· ,?L.-&, IN THE ~~tNTY 01' ( '-ft"OCKINGHAM BY DELIVER:rl; ':'-A-TRUE ~ �- 6-1t g /4 ~t ~/1'7 I,, Nst, ,9 --{.,l,l,r,4./ /4,d,,,1 ~2~ ~ut ~.a,.;d a.-,1~ ~ ,1~tu.~ CL- ~ I ' f J .• 1,; j/ / • t_/ l1 (/ .,,l....,t.a.,(., lj ~~ C,Uwc .tp ~~ -1.,Ua,,µ.,{.t. £ ,r; du£. , _" a ",1 .aad /1_;,,Le.t do/1~ .Ailt,,d ;:t; /L<-k.? " ,;,I,,_aJ Ju_ '_;,.[de,·,/ a,,,,,,d,_ 0JAJau!l •\ 91l ~ a r.r _ • j~ ~ Jd-w_c:fu.it-~: JJ~ /) 4,-t ~~ ~L(i:C ~ {;,a ,,,(,1l CL U, ,(. / l«(,.[ ,d. I.JU} .,,YfLJ ....l~ r ,t i )vt 11 ~.~tC_!f/ -/~ -&,t.,i:,, j~lft ~ aJ.v,. ,,,,_,,,. ._Q µ t/.~ o.A .A.JJa..( '\k f, Q, ,J &tu~~t:1 tr_/JLV'Y'd - ' d < .,, I . �.......... -----· -- - -- - - ----- ~ ... ., .......... ---- _..,., ___ ,..._...,,.,, ____ ..,._______ .... ..., ____ _..... ..... "'T'".. -.,,- ..,.__ ..,,......,..,,,__~_ ------------ --- -+- �I, Edward Austin Michael , the accused in the attached warrant, in open court, before the Judge of the 6ircuit Court of Rockingham County, Virginia, do voluntarily waive indictment on the waid charge of attempted sodomy Given under my hand this J.2.ihday of November ~a-~ ,195 6 • �r �eon.-p, itorm 18 l No,,_____ STATE OF VIRGINIA To-Wit: ~¥' OF Harrisonburg f City TO ANY SHERIFF OR POLICE OFFICER: J .F. Ritchie Whereas, ------------------------------------John G. Leake has this day made complaint and information on oath before me, ------------------City Justice of The Peace of the said GoJ:im;y,tha._______________ _ (Name) _ (Title) Edward Aust:in Michael ___________________________________ did on th,~_l_s_t __ attempt thirteen against to carnally years the day of.____ peace M_ay _________ know by or with of age, the in violation and dignity _,·n , 19~: mouth, of section of the City the said GamotJt Unlawfully and feloniously one Roscoe Turner, a minor male child 1e-98 of the 1950 Code of Virginia, Cormnonweal th 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 ~ County, the body (b~ 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,__ 2_n_d __ day of____ . ....,Mc-ay--=------------- ~:::~~. Pdit!e of Issuing JUS!ICE Officer) OF THE :PEA.CE 19 56 (Seal) �STATE OF------------------~ OE VIRGINIA-COUNTY I. ------------------ to-wit: Trial Justice Justice of the Peace a in and for the County aforesaid, State of Virginia, do certify that and -------------------------. to the Commonwealth as his sure.__ ____ , 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 tenements to the use of the Commonwealth to Circuit Court be rendered, yet upon this condition: That the sai~-----------------, shall appear before the Trial Justice County, on the ________ day of____________ __, 19__ , of----------------"-----at ______ M., at _____________ _,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said -----------------,------,--shall keep the peace and be of good behavior for a period of __________ from the date hereof. Nonappearance shall be deemed to constirute a waiver of trial by jury. Given under my hand, this ________ day of ______________ _ days ,19 ___ T.]., J.P. t"1 n0 .. "' .. a "' X () n 'Il ~- () 0. \ 0 < !" ... C: ;. .;· 5" ;. () p, '\ ~ I -.t:: * t, :i: ~ > ~ ~ ~ > (') ~ t.:r.1 (') '"i z1-3 0a= z s: > i::: 0 0 c+ ~- > ~ ~ Cll ~ 0 z 'Il 9 t.:r.1 ~ > t"" :s: t"1 I-'· U) o-3 C) '"i :i:: ::r 0) <1> ~ I-' ~ n0 'Il 5· .. o-3 0 ~ () UT C: .. El El 0 El El 0 ::l n 0 ~ () ::l a;. oq .. :+ o-3 0 ~ ~ "' > ... 0 ... ::l () '< 5· ~ ::l () "' "' "' () g ; n;.--~ ... 'Il () () ;,;- "' "' > ::l :::: "' 0. ~ ► ;.- ... ... 0 oq ~ 'O 'O "' "' () () () () ... "' r::r () .... 0..., () ::l 0. "' ::l n() to 0 ... "' 0. () ;. () ::u 0 Cll o-3 ... n C) ;;· ~ tll 1-3 ~ .. 0 ::l ~ C: ;:i "' C: OQ () ~ 0 • V1. 0 ~- ; () <1> '1 N 0 -n g.::;.· ::r '1 .... £. ---·s· 0 0 <1> o-3 ::r () "' "' () . I--' V1. 0 I\.) n0 . "' ... ~... ... 0 .., I\.) C: 0 0 r n0 ... C: ::l ~ - () () () n 0 OQ e. N () 0. �COMMONWEALTH v. EDWARD AUSTIN MICHAEL STIPULATIONAS TO THE EVIDENCEOF ROSCOETURNER It is stipulated at approximately cycle in the middle distance traveling that 10:30 north that of North Main Street; Frozen in the same direction, asked to which the defendant job? I will pulled 11 right his vehicle; that Turner wanted a Do you want a blow 11 did not attempt defendant did not touch defendant made no statement continued on his to crowd Turner other bike; into or in any way molest to Turner bi- hand side; the defendant No. his Michael, replied, That the defendant defendant ment. up on his To which Roscoe Turner 'No. ,, stop that when he was a short Edward Austin if replied, you $3000. that Custard, the defendant drag, give would testify P.Mo on May 1, 1956, he was riding of Kline's Roscoe Turner Roscoe Turner that the curb; Turner; than did not the that the and the the quoted state- �;- _,_ 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 Edward Austin Michael Subject The topic of the resource Attempted Sodomy Description An account of the resource Defendant charged with attempted 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 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_017 Michael https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_019_012_commonweatlth-v-duane-e-sam.pdf e83f2d596f073c872e8c6ff8611f8c88 PDF Text Text COMMONWEALTH Vo DUANEE. SAM INSTRUCTIOO NOO --- The Court instructs the jury of one or more of the s ta tu tes the Roadrr or mere negligence the offense closes of reckless beyond such reckless, disregard to cause wanton injury doubt of others then you must find lk rrThe Rules is not sufficient or flagrant of the safety the mere violation prescribing driving, a reasonable that and unless that under to constitute the proof the act nature of charged disis of as to show utter circumstances the accused not likely guilty 0 �l! 1. :J �CCMMONWEALTH Vo DUANEE. SAM INSTRUCTION NOO 7 ---- The Court instructs the jury of one or more of the statutes the Roadn or mere negligence the offense of reckless yond a reasonable vehicle carelessly that of the rights likely to cause guiltyo 0 and unless the defendant and safety injury "The Rules is not sufficient and heedlessly regard the mere violation prescribing driving, doubt that in willful of others then you must find of to constitute you believe was driving or wanton under behis dis- circumstances the accused not �-1- - J " ".1 .i: e.i .a. .i: 'l :t �COMMONWEALTH v. DUANE fll IL SAM CHARGETO JURY If you find charged the accused in the warrant, by a fine of not less guilty you will than Ten Dollars or by imprisonment thirty in your discretion, or, driving, say so and fix Hundred Dollars, days, of reckless his punishment nor more than in jail for by both as One not more than such fine and im- prisonment. If you find him not guilty, you will say so and no more. ��COMMONWEALTH v. DUANE EMIL SAM INSTRUCTION The Court driving instructs of a vehicle or be likely the jury at a speed, to endanger life, I ---- that reckless driving is the or in a manner so as to endanger limb or property. ��COMMONWEALTII v. DUANEE. SAM INSTRUCT! ON NOO V --- The Court every person instructs charged Commonwealth has so clear, the jury with established no reasonable sumption is an abiding through the entire repelled instructed speculative is never for doubt, until his guilt and they must acquit him. in the stage connection that the guilt the so strong, guilto may be guilty; his the presumption left at every sufficient or conjecture until and goes with And in this O is as to his and applies of the testimony innocence; reasonable it theory preponderance his case law presumes by evidence there presumption, by proof that guilt that doubt the to be innocent his and so conclusive, of the jury until crime that minds This pre- the accused thereof the jury accused, upon or that by the is more probable has been proved of innocence is still beyond than all applies, �..., �C0}1} ONWEALTH v. DU NE El IL S H INSTRUCTION In considering burden of proving doubt, the Court whether the guilt or possible man must be proved possible doubt at jury inferences to find to create a for beyond evezy imaginable, conceivable of the proof consideration case, or of the charge, to the evidence including the natural The jury presented and reasonable cannot go beyond such nor can you go beyond such evidence of guilt. should of evidence, proof fact bear in mind that from conflicting of any particular essential and not a mere doubt concerning testimony fact, to the proof any doubt should of the guilt inm1aterial or be a doubt of the and nonessen- circumstances. If, the is a the law does not say that the jury from questionable tial doubt doubt, doubt, inferences from lack accused reasonable with its of this of a material not overlook and is not to be confused upon the sufficiency Furthermore, arising you should meaning. to be drawn therefrom. evidence that on reason, guilty must limit the trial jury beyond reasonable o In passing the the nor its which is founded imaginable of the accused instructs the word "reasonable" doubt or not the Commonwealth has met its after evidence, to prevent your minds are you from reaching the accused, If, a reasonable then the of all left consideration in such a state a convinced belief Commonwealth has failed on the other consideration and honest hand, after the evidence conviction of the truth beyond all reasonable of the doubt. of all of of doubt as of the guilt to meet its of burden. an impartial and reasonable in the case, you have an abiding charge, you are then satisfied ��COMMONWEALTH v. DUANE B. SAJ.i INSTRUCTION --- The Court instructs or more of the rules sufficient unless the of the road to constitute you believe was driving and safety then you must find that the violation or mere negligence the offense of reckless beyond a reasonable his vehicle of others jury reclclessly under doubt in disregard circumstances the accused that not guilty. likely of one is not driving, and the defendant of the rights to cause injury, ��COMMONWEALTH v. DUANE fil IL SA1' INSTRUCTION The Court is a question manner of testifying, testimony, apparent intelligence of the witnesses are for their the jury; such testimony and to give and the apparental.ndor if appearing on the stand, and fairness, any appear, trial, and what is the relative credit accordingly. their the relationship the interest on the have the right and consistency of intelligence, if any, of witnesses jury of the witnesses of the trial, of credit the credibility the reasonableness or lack circumstances more worthy that to the parties, in the result surrounding jury from the appearance of their ness the exclusively to determine their instructs of the wit- and from all other which witnesses weight of any ���2 I ��2 ~ I ��• 2 t, I ��I 4 3 Ir< b ��/0 ��~ ) ( l �f . ·Y " ... ,.... @ ,... S. P. 82 REV. tt-12-!57 ..• - . County /,/4,:_f, ., ,J 7 /4~ p Oll ~ ,?/ .,r ,,!/ /_IP //,, ,9 C 7 Reckless Drivln9JJ/,. / / ",I ,//r .,.. Defendanrs Signature ' ,,. • 4. / , / / / ,,1 -~/~-/I 1/ /? Tr ,/ / =2 place ...,,_.,, _,,. / _, .[_,,/ , .... ~/ ,I,,A • ✓• . ... , ' .3 .,5 I''t:.~ ,: , ..,,.. ',I;,,·'..--- , , z: , / ..; ,._, ,t./ i ..-MtwPM. lo answer for violating the motor vehicle laws of Virginia, to wl!: cv M'PHZone w /, Chauffeurs No Operators License D D □ llil'gal □ Summons Issued under Title 46-Sectlon 193, Code of Virginia. Failure to comply with this summons conslllulea a separate offense, specified above / --~..1· _,, Date " Cl53447 ~ / ' You are hereby summoned lo appear In the J·' .., . ,. ,, ' 1 / MPH It> a al the time J,,.-,, /7 _y-.,./ .. I hereby promise lo Jppear ,v<i.,/2/ County Court al Speedwg Other -~ ,,, I _,./ ~ Trooper Shield No. •~J - - -~ -u < rJl ...:I - DEFENDANT I RACE / / $;,,,?~L Pu,,•Ne ~ c5 ,,,-?/?7 /,./;.,...J ~R GI GI ..• r' p, A 0 ts N ti' 'ti ~ 6 =Q - .. Ooz :cE-40 GI 'ti ~ GI IC GI a:,.. Cl> o- p, CAv ..s~ ~?.s/ ~4d . I' 1/r JURISDICTION, COUNTY, I CITY VEHICLE f CITY / ,j _,.;- ~.-r-;;T/ CODE IN. MONT.H BORNI YEAR BORN I sJ. I . ./ , .,..,...._ / .- ~¢; CHAUF, LICENSE NO, TE .o/-.. .< :;:,:- .,,, ,,,. ...,,,, YEAR TYPE ,1 / li:'/, ;..,. I _f 'cf I LICENSE oqz'LJF'ATION .... -· • ( MAK~ J-,...1 -;ii NO. VH--6- .:73/ NAME I HEIGHT HAIR ,t OR TOW.N /WEIGHT[ / VEHICLE , , SEX / EYES ADDRESS 'ti c,_ e:i:c >~ All traffic fines for State violations are paid Into the Literary Fund for EducatlonaJ purposes. ,..~,,..,,,./,. .. ',"'7, "" _,,_,/,,.-_,,,.,/.,.,<' , ,,</, z \.... "zh','-'///'I jr/ ., .- --•----? C ~ ;' / C CJw-<>f ~·7 M ... ,. ..,. "'', DEPARTMENT OF STATE POLICE . , 7/. /r -,;:--;,,·,~-" YEAR I''"- 7 STATE G,/c:;. l--;. ,./ /.<-/("~- OF COURT 0 A 0 GI .. .!:1'6 E-4O~ = .! ~ ~ :c a:: u iii ► u IJ.'.Ia:,.. ~0 Oz OFFENSE DATE ts ts .s .s ii! :1 '6 • ~g ~5!3 oi:: uQ C 0 PENALTY PLEA CONVICTED GUILTY □ NOT GUILTY □ OF DATE IMPOSED LICENSE f g. uts ! - Cl> .... -- YES □ PERIOD SUSPENDED LICENSE SURRENDERED? SIGNATURE OF JUDGE SUSPENDED? NO □ OR CLERK 'fl'§ .!I 8 .a:: YES □ NO □ GI = -s 153447 NAME OF ARRESTING OFFICER TITLE OF COURT OFFICIAL DATE This abstract ls filed by the Judqe or Clerk of the Court hcrrlnq lurlsdlcllon of this caH as required by Section 48-414. of the Code of Virqlnla. as amended. I �GUi\ty ar.c1 f-;.ne the deferci.ant twenty aollars and costs. 1/~M> A11per> L notea qn t .; anted tr-~ s Co· 1·t of J:locd11 tiam County. 25tr ._,ay of \u.gust, r1-2~;-59. ;iibst:-Joof,,i; 19S9, to the Ch" ''it r �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon . .......TR.•....J ... N.•...WIMER............................................................................................................. . to appear before the Judge of the Circuit o'clock, a. m., on the ... 2.6th day of Commonwealth Court of Rockingham Oct.ob er bG4oc~41:T6-GM.H4;eH.,,-, against . County, at the Court House thereof, at 9:30 , 19 5 9 to testify and the truth to say in behalf of the .D.VAN'E.! ...JW:r:i ...$Af.L..................................................................... . who stands changed with ;n1'd-inctitred-fcn-a:- ieimry misdemeanor. And this you shall not omit under penalty. Witness, Harrisonburg, CHARLES E. EARMAN, And have then and there this Writ. JR., Commonwealth's Vinginia, at the Court House, the J.,PJ.tlof of the Commonwealth. Attorney for Rocking,ham .09..t.Ob~.r....... County and the City of the ...7~11 ~ ~ ,., £'.'." a- 184th ..i ........................ ~ .................................... .. Commonwealth's Attorney �~CUT§JY'ty{'-~.f THE COUNTY 01 ROCKINGH M BY DELIVER TRUE C PY OF TO I ROCKINGHAM COUffY �-~/ • I_ < "~ d~fh - �\I 'I ',t II '1' I+ I �COUNTY COURT Criminal Docket 29716 Com'th v. ------=-- Defendant J'..~,W, Appearance Date Trial Date 7 _~/ - A ��oc: Docket No. , :359 3tlO. COMMONWEALTH of VIRGINIA ) ) ) VS. Misdr. ( appeal) DUANE EMIL SAM ~/~ • - 1, oJ'n {X) <Y~J/ Appointed -:,. d. { ) ===========================-=---_--- 1959 September J.1+. Docketed. CIRCUIT COURT OFROCKINGHAM 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 Duane E Sam Subject The topic of the resource Reckless Driving Description An account of the resource Defendant charged with reckless driving 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_012 Sam https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_017_001_commonwealth-v-dora-bardley.pdf e36cb11284f2db98bd2807d8a65bf722 PDF Text Text DESCRIPTION OF PRISONER Last known address ____~ ______________________________________________________________________ _ Color ______~_ HeighcJ~~---~ Eyes __~_ Hair __---w-________ Weight__/_~~--- ~~ • Marks _____________________________________________________________________________________________________ _ Age ______f;(;J_____ ____ Date of Trial_ ____2______ Result ______ /i Occupation __&_{:!::{_,____ /9 ~ -----~ _Q___ ________ 1 -"""'-"""':i.--.-.- _____ _---- ---- _--- _-- _ ---- ---- _--- ---- ---- __-- ---- ____________---- ---- ____---- - __'-'I..L-- ~ - __________ f-' ~ f------------------------ _ ��Docket No. J/ J rl. FEB- - 1953 COMMONWEAL TH of VIRGINIA ~ -<§ vs. J Felony ) ( felonious ass ult) DORA BR.ADLJ!:Y ;,:: ,, ~ t;f 't''r. a~ ~ ~AA i ,.rv-) /'I/~~ ,. ,;v 0 ~ n m ,. ~ !!.. C "'" (') J 1.,,v~ /, 'f ~~~v~.a~ ()() Appointed ( ) ti~n "O :,- f J> "O !' ~ 3 o. i CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. ��Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: t::""~ You are hereby commanded, in the rar:ie of the Commonwealth of Virginia to summo k,-/;L:.;. to appear befo~·e th Trial Justice Court of said Count . /iJ:J ;it.....;' in said County, on,_..!,L"'(2c..._,,=._da y o . . 19.!»•.2..., at the hour of.--."--..!L!.--1J..=.~-------- of that day to give evidence in behalf of._,,C..""e:,......,."'-""""'-'-V(__i_~ __________________________ in the pending v. '::I::,"""- case of _t=-c~~::=- v:: f ¾ Given under my hand this 10-51-Zm-Garrison 1 _"( __ ..,,_______ /p1-tL day -,-----,----------------------- of _ �....., -- ~ ') -I nri e QQPV ■ ; • ,: ' Sf,,EtJWF \iU:i..11,~J,1·,.; .TRA•tpr,,r"r-ir,~ ,J,I .~ . i.: .. ~ '1 I>' ::l (1) ~ I :) '1 ,+ (j 0 C: CD ;:i' r:::r 'd 0 z rn ,+ i:: (1) ,+ ..... i:: E (fl II 1-j ;,;- n I j. 0 ..,, .. ::l (1) rn rn ;;: ~ ,,-..,,,-..,,,-.., v'-' • ~-\;] 1 1 011 "'OCKl • r. r•1 C""••···· .n r1untt." ■ ALS z-.:2~- ~XECUTEif-LVfl-IN THE COUNTY or ROCKINGHAM BY DELIVERING A TRgE �Commonwealth of Virginia: To the Sheriff You are 'hereby commanded to summon ........... J.uanit.a of Rockingham County, Greeting: ..Rhode.s ....................................................... . tofdtee; before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, O awd-0 o'clock, a. m., on the ...9.0.tb.. .......... day of.... Ja.nuar.:y...................................................... 19 53 ..., to testify and the truth to aay in behalf of the Commonwealth before the GRAND JURY ...................... .............. .ags.ins.t ...D.ORA ...BRAD.I..:EY ..................................................................................................... . who stands charged with a felony mi5tkmH>ffOr. And this yo11shall not omit under penalty of £100. And have then and there this Writ. Witness, 1,.~\VtJ.XZitlk;yt:J/;nfoJ-,:.J:IMXmtJi.~ day of....~~P:~~.Y ............19..~.~., and in the.JT?.t.P. THI!. SERVICE PRESS, HAllllJSONBURG, YA. at .. ear t ommonwea orney �Connnonwealth v.) Grand Jury summons Dora Bradley To January 30, 1953 at 10:00 a. m. IJ,X.ECUTErl..-J. IN '!f1E cou..i·.nUi ROCKINGHAM BY DELIVERING A TRUE ERSON. 1? ~ :)~~....JIJ,b-~ A.l. Sl'Rt\\r.JOl~,~-• -=---~----s,.,...,H ...... t\1...+t~f""""f:......-ROCK\tiGH~fli\ coUN'TY �Comp. Form 18 No. ______ To-Wit: _ Whereas, These are, therefore, to com,..m~u, Trial Justice Court of~~~ounty, in the name of the Commonwealth, to apprehend and bring before the 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. Given under my hand and seal, this_-"""'11,....:...~-- -----------------□ --------------□ _ ----------□ �forceaid, Stat~ of Virginia, do certify n and for th have this --~-'-It-~., ay each acknowledgeo fhe s indebted 1/Ch} and tene ty, on the --=-----at --~~~or f for and _J;;;~.E~~~~~~~~~!f--,Virginia, day of_ Dollars to the use of the Commonwealth to ~tCourt rial Justice _c~~~~~~~~----, and at any time or times tow r cee mgs may be continued lding any proceedings in connection with rge i11 this warrant, to answer thence without the ave of said court, -the said obli ation to remain in full force declared • orde a competent the further tondition that .. • • shall kc behavi """_...,._ ---0 ilili-a,•---..i;-----------'fflrYS--- H ~ ,t 0 p, - ti) (l) I-'• ti) ti) (t) !" .... ~ ~ CD > :,;: ::r I-'• -{h ti) . c... 0 en t( t( ti) 0 I-'• z ..., s· ""3 ~ ~ " 0 >--3 ~ ~ 9 90 ::s :i: (1) ('") 0 ~ "' ~ :r 9 ~ ; ::s ""' ,:: 90 s· "'> ::: llQ ~ > .... ; " .,s ti) ti) ::s (1) '< (1) ti) ,. ~ ..., "" I>' a. c:, I>' 0 c:,. ::s 0 " ,.. ~ ,.. ., ('") -{_ ➔ ::i:: 11 c+:?". p, '"d g, I-'• o'., 0 p,IIQ o'-,. 0 I-' (t) ..... c:,. 0 H., n '< 11" <-. ~ ~ c+ Ci ::s 0 I>' ::n g, c+ Ill 5. ::,--~ I>' llQ " CD > ., ., ,. ~ c:, ~ .,-l ~ ~ I>' .,., I>' ;::. ,:: a. 0. ,.., '< 'O I>' g, "::s ~ ::s ::s l_:r.1 > t" m rn -:,;- ..... 0 ,. ::s I-'• I-+:, Ct :i: 0 ::s~- 0 ::r I-+:, [fl z p ~ I-+:, ~ '< ('") ➔ ::, t-3 ._ l_:r.1 () CD 0 c+ t:1 0 () 11 ~ ~ ....., -{h 19$2-;- < :;· s· (IQ F F ~ ~ '< I>' s· 'O 'O "... I>' CT (1) 0 .., ,a;, g, ..., I>' s < :;· (IQ (1) .... ::r a. (1) ... p;· >--3 r () 0 {ll ➔ -n .... 8. 0 :i: s· ---· ,::ri ~,.= " ,. (IQ 0 ::s {ll >--3 ::r (1) ti),:: ;-::;: .... ::r ,. ti) ti) ti) -{h ('") ... ,. .... ,.... 0 ,:: I\) • ..., •0 0 -'° l g, ('") 0 ,:: ,a ~ :i: ... "r,0 llQ ::s ;:.· (1) a. �TRIAL JUSTICE COURT Criminal Docket N~ 10432 A Com'th V. ~-:r.a_;. ;.J • /(. [JJ<rt&. Defendant )I. vi,Appearance <f.. date Q - / /.l" ....'"',-2... Trial Date ~ /6- 6 ...s-i,, ~:RM to Sufficient Grand Jur,. p170bable cause - Sent on/the 106-.52 ��STATE OF VIRGINIA COUNTYOF ROCKINGHAM,To-wit: IN THE CIRCUIT COURT OF SAID COUNTY: The grand body of the jurors County Co111'"'tof said do present about the Rhodes 21st that at Rhodes, against the This a witness evidence. then peace indictment 1952, feloniously on her person, term, is found sworn in Court the 1952, said Circuit County, on or in and upon one Juanita i::ith intent, her to maim, disfigure, of the make an assault, the said or disable Commonvieal th of Virginia. upon the and sent the upon their and maliciously and there, and dignity in and for and now attending December day of August, acid Juanita its of Virginia, DORABRA.DLEY,in the did unlawfully, by throwing State of Rockingham County, oaths of the before testimony of Juanita the jury grand Rhodes, to give �) INDICTMENT COliIMONVlEALTH V. 1952 Rhodes term, DORA BRADLEY Felony Dedember bill: Juanita A true 1. Attorney George D. Conrad Commonwe.althis � 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 Dora Bardley Subject The topic of the resource Felony Assault Description An account of the resource Defendant charged with felonious assault 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_001 Bardley https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_003_commonwealth-v-donnie-ray-andrews.pdf 6e9bf5b739316a26a391b7a8293fcd69 PDF Text Text st2tutory rape. ��Comp. Form 18 No .._____ _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, _ __:::......:.:..::..:..=:.=..:::__:.::.....:._..::.::....::....=~-------<Name) 0 of the said County, tha .._______________ _ (Title) did on th~_l_3_h_day o,f._ __ J__l,..!!.y _____ .___ , 1961 lydid : Unlawfully , in violati 18.1-44 o These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the of the above accused, to answer the said complaint and to be County Court of the said County, the body ( further dealt with according to law. And you are also directed to summon: color Address ---------------U color ____ Address --------------- □ color Address --------------- □ color A~re~---------- color Address --------------- □ --□ as witnesses. (Seal) J �STATE OF VIRGINIA-COUNTY ____________________ OF _________________ a Judge of rhe County Court Justice of the Peace I. . _ to-wit: m and for the County aforesaid, State of Virginia, do certify that and ----------------------------, to the Commonwealth ($,________ ), as his suret _____ of Virginia , have this day each acknowledged themselves indebted Dollars in the sum of ------------------·------------------- to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court County day of ______________ , 19___ , be rendered, yet upon this condition: That the said _____________________ of ______________________ _ County, on the _________ at _______ M., at ________________ ,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said --------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ day of ________________ , 19___ .days _ Judge. J. P. ;. n, ., 'I1 (i 0 X n "'c: n 'O no :r ... "' tTl n, n, 0. n, ;. c..... ~ !" n, ~ ::, U) ~ < a n, ::r ;;;· n, ;. ~ ~ ~ ::, ~ 3 ' 5· .... :::i, tr:! >-3 0 > z>-l 0 a: z a: p 0 0 z ~ ;:d tr:! tTl t"' > (fl =1. ;. 5· _,. :ii:: ;:d ;:d > ;:d ;. n,· ::r (") 'I1 8.. n 0 > n, 5· .., "' Oq t, ~ >-3 >-l ::i:: ..... r ::, 0. I>' '< c.. ., 0 E. "%j s· n, ., 0 E. (i 0 ~ "' (i 0 (fl C 3 3 0 a3 =!: n, 5· ::, e. ;. 0 ::, Oq ~ > ... sn, U) .,0 n, n, "' ::, '< "' ~ s n, "' "' ~ n, ::, 0. I>' nn, ::, ...... ~ 'I1 n, n, (i ;:. ., ;,;- ~ ;:. "' Oq n, > ., .., ... n, U) t:c ~ .,.., E ---- ~ ., .,"' C c.. Q. '< .., n, "' ::;. 'O n, ::, ::, "' c.. t:c e. '< I>' ., 8.. 0.. -Y> 0 "' 8.. < ::;· < ::;· Oq Oq 5· s "' .,"' 5· 'O 'O F. F. ~ (I) ~ ... -. er (I) 0 n, ... :r (I) ., ::r s=!:n, 0 0 0 5· Q D. IJQ C ., en ~ rll g i:, ... :r ~ ;:;: =1 . s n, (I) "' (I) "' (i 0 C ., ... r ... :s ::< ... -" 0 (') 0 C U) =!: (I) (I) .., n 0 oq e. N (I) c.. �- tf IV IV'/;;-, r N /I- /1-Nd!(i:U/ S1 '/)otJ ///Jt/9f' o-pr 17, .?-& /'9F,/Y ��..,_TI LR-..,ORT RT T O PUBLIC :l..F st 15, 1961 Nam : Donald Ra ddr a: s: Mt.. dre olon, Vir ather, J es -?. ward andre s (dee ased) oth r: Sylvia nia ·t. ~olon, Vir inia ddres: ttor draws 17, born 5-26-LL y: Donald Lit n Trial t ered b the ~ourt, ile or s an adult. is to d ter ine Dat 8-15-61 • th.er t try Donald Pre See 1 ~. 1. did avis t r tea o against th charg s w... rs, in violat on o and dignit of t d ainst J rry Cr aga·nat Donal that "Donal kno one ay ndr s by ridgewat~r town ol1ceman ndr ws on th 13t da of July, 1961 el, a f ale eh~ld, to-,it: 18.l-h4 of the Code of Vir inia, alth adult, of Vir in·a." ~ imilar an D nnis Propst, another juv nile. Prev ous Probl : 'Wedo not know of any d f iculty previous to th·s diffi lt. that this juv nile bas been ·n lv din State t and R actton: !n t e 4n rv' <~W it onni , a s very cooperative an e ed to be ite will"ng to riv information requested, but said that t e ld rather not , ka a state nt in re rd to whether he did or d:d not av r lat 1 ons with Betsy t 1. Ith r ·ou ly been . de cl ar to h. th t s·nce e as represented bi an nttorne , he did not h ve to rr, k a staterne t along the ....e line • onn·e stut~d that he had never sen this girl or known o hr in any ay. He _a to indicat that he unqerstood thst the Neale boy ad known the girl at so ... ti or other previ.ou to the night or July 13. Donnie !';aid that until the ch· rg s : 1· nlac d a st hi., h hna o • d a th t it s g jn t the law to hav r lations wt a irl u e-s it s done ·n a fore ful way. He aid that h had und r tood a rao charg to mean that he would have relation by force. Donni aid that an relations had with l3 t y Whetz 1 wera definitely ot done n ful w y, tat the girl 1ant d to stay and h ve re re tons than or • tis particular n 4 ght. •hen asked how old h thou ht th rl looke· , he said h thought s1e was at least 16 or 17 years of a id 1 d not kno un~·1 later t at ni ht t at t irl was only 11 years of aee. eemed to b quite upset a d concerned bout t s situation and s id h certainl hooed he could get �ro 1 .r ; : �ag out of th tro1 ble. He ad tt n ar h s own ag , wt only a v too ,uch to date, but in th s;ngl dates, but o at "' he 2 with other g·rls e do s not c re H said usually d th th had ad re ations ry fe ti . H ai that st has done o occas·onally. has gon with one of t ot r thr e boy n- volvad w th th ir dat. nd: t of four childr ou •a 1 drew • ir. n born in the draws, -ard of J a es za ...... Donnie was ndr ws is now 59 ried. h- ar as 20. rria who d • ed in 1954, whe , 86 at the t • e of his death. nnie' thr older siblings ar a ie, ap,'3 32; Billy, a 26; nd Ji , y follows: n: s i dr s t at k.,Do ie be e wa te zarene Church regularly t at nd that the Church of the Br thr n. She o ng on h sown, and she tho ht th r.ason for thi upset and d pr ssed abo t g tt·ng involved ·n tis &lueation: .uonn e wa raduat d ro the North River ig~ chool with the ela~ o 1960-61. t: e loy-~d t the I rval ltry Plant d rns 1 r our. at as oon as he i lb, he would like tog t another job or ilso Train· n hool to 1 urn bod nd .fendar work. ity: th and. ange He o to nd an older broth~r•s family be en Mt. uolon The ouse is a five room fr ~ dwelling, ood condit on and s neat and clean. Thay hav-3 48 e r nt to other far rs 1 the area. ther e ta Count • and .- ear be acr s of land whi H alth: Donnie sta ad t t s far as he ow he is in ood health. that Donnie s gcod attitude about this o fe se r~ that ha is very and s·ncerely concerned about th~ charge agai st h·m. In our invasti' tion of the nl ces hr Donnie lo fs an spends ~o t of his spare ti , we learned that he has be n a "quit dif er nt boy" s ,ca the char s placed a ain t hi • Hi other sta d that he does not like to talk about it nd s ... to b qu te de-oress d ""l st of the ti . r. 'Howdyshell and Ir. 1, whoo rate places of bu in s near Dormie' ho , both stated that Donnie's e-eneral reput tion in th co nity is that of v ry qu1 t boy. They s id that nnie nends a gr at d al of h s spar ti in the veni.ngs t th ·r ol ces of business, but he n var , ve~ them. a minute's trouble a upset or i rowd in any w • �i: �Pag 'Plan: On h b s f our investigation, ven 1 • w 3 coM nd that Donne l\enneth ndre s b tr d �sd � 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 Donnie Ray Andrews Subject The topic of the resource Felony Rape Description An account of the resource Defendant charged with felony statutory 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 1961 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_003 Andrews https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_021_commonwealth-v-donald-brown-shipe.pdf a09685eb01ed65e32533a44b5e30bfc6 PDF Text Text L' H ON 0 V. D .1. AI IP ct t t t e CCU he Jury th the vi ence in t is cas ed t the ti se th t the t· o. th t ho ilty a ble or n er the i flu nee o int \l nton n ic li en t th tim fi'nd'n upon the of t e s u ccid pnt. �1a -. 1r !) :>!£ :f •. u -q !)!) H cu 1 v .t $ ,:- 5!. ,- I ti:: I"" ~ .,, r • l �IN CO ~ ON 'R CTION NO. _/_____ ( __ ALTH v. 0\ O .. ALD N HIP h Court instructs not sufficient bile whil to show that Donald Brown Shipe was dri under the influence of intoxicants you mu t th refore in th t respect, icanta, the jury that since the evidence in this c ing his automo- at the time of the co li ion, give him the benefit of the presumption and ssum in con iderin your that h wa e is not under th C of innocenc i luence of intox- �':, . v1 n I :i rl o:h; rl:t q "I IJ -ii tnl I. �COMMONWEALTH V. DONALD BROWN SHIPE Il STRUCTION The Court instructs establish any fact from whic any whiskey froro tbe ,L 3 t e jury that the Commonwealth th jury could implythat ottle which has been produced has failed to the accused consumed in evidence in this case. ��C0.1 ONWE LTH V. DO iA:u B O . INSTRUCTIO.1: / 'I'he Court instructs fail to establish tox1cati. t t e jury that the evidence of the Commonwe t t e ccu ed beverage d ' as driving u r th t uch question i iherefo bi gui t or 1 ocence in this cas . \I z 1th in!luence of an inot in issue before you ��1) The defendant ia presumed to be innocent under the law ilty. i fou d you give hi W the benefit of that preaum tion i til h con- sid ring the evidence of this caae and find him not guilt, unless you are fi d of hi.- guilt beyon re eo have h ard in ,..o tod tion W uld your v gl en yo y e fact of tbi c c o ts of this c e except wh t you ? d. ny new p per 8) 4} ble doubt, anything about t 2) Do you k o atis- ict e'r ba ed wholly on the evidenc rt, and not be bifl d the inetruc• need by ny other matter or thing? 5) V1 ould y o in.fl )'OU b accor nc you.. for t rilling to surr Uow a con idera le nu ber t r ason alone, to ch ! j rors YOtlng differently :your v rdict ·, t i ould nd r your own consci nt ouB •dgment rn rely o be in with your diff ring fellow juror, or j ror . ��&} ~ .- \L.JLL.Y-Y/d.~~J,J...::..J._~~~11L16{l6MM~~~~ ~ '.? J ~ ~d?' C,z,) L ~ ef ~ ~) ,JJ2., :Ix.~ _,r (j) /#~ C) - / ~ ~ ..-- (!)~v?r~~ ✓{!)/-1~~-~ (V~ ~ ~-- /<VVJ~ ���:t"'7, ... .r.r.r �--- ......... ..,._ <~ ., ........... ...........-.... - -......... .,,..., v. ,P~a4/~A ~.c~ /2 )f~& ~.- ..---·· 7~ • 3 .1 I 9v I - ·r./},,G ~ ~-AV~ (;)r~ (7)~~~ "1·' 1/P/' ~ ~-~;7' - ./~~ - ..... .......... -........- ... ..,___.. ·-- ·----....... ,.,...,._... ~c:7 - ~• ~.33 ~~ ~~~/4.,~~) - --~ - ..... - ����CONF!DENTIAL VIRGINIA SUBJECT: STATE SP-102 Revised 4-29-59 POLICE REPORT TT No. _______ Div. File No. _______ _ Date: Time: 9140 P.M. Place: 1.2 milllll aaat at ltkwn, Rt,. 33 County ckingbaa Code No. 082 Discovered by: urtcncnm -e!ti .. n Motive: tinkZJ'>W Weather: 11/3/61 •lli5 lba.•blu .,..._ DESCRIPTION: Stolen Clothing ------+-------1-----t----Vehicle l\fiscellaneous Total -----------------------i Accused wanted this offense? __ -=,,____ Extradite? Warrant issued this offense?.-------------, Department? Date Arrested Arrest Nos. l 0-7882& 2,_____ 3 ____ 4 5 6 7 Value Property I---------_.... -i Recovered Abandoned Currency·, notes -----1-----t------t----Jewelry, gems ---+-----!-------+----Furs ____ _._____ ....._ ___ Date Recovered: _________ Time: ___ Place: Stored: __________________ Address: Condition: _____ Released to Owner? ________ Date.____ Other Disposition? ______________ Date _ _ _ _ _ _ SUMMARY: !lo ber 31 1961, at 1.2 mil.ea east t n at1 ti t vekill d ~ a >960 Sedan, lost re•e ot tJ• -..hio1e• ,.. uu..1wti I invani@ ted a crash on • 33, untyinYol · t ve cl a. I ed Y:lctbt, operator of one n the mxtY&•naimedccuaed, vm ntrol and •kidded into the ., pronounced dead at tbl th or the ~ ctia' • • viGt1n -... by the •d1oal ua:lner 1 and the accused .,. 1f1th imolunt.ary mani1.L111Jrg1n1ar. Undeveloped Leads: d no.nt :volun APPROVED DIV. COMMANDER aJNated and cha Unfounded D Approved Pending D Inactive D c~!:t1 -1 c~~'t,~~□ �MODUS OPERANDI "C PROPERTY IDENTIFICATION C 0 ...J I 2VI 1 >, c0 " u. 0 (OTHER < "'~ 2 3 QUANTITY ITEM THAN MOTOR MAKE . .I ,,,_ ,· .... ~ VEHICLES OR TRAILERS} MODEL i_ , .._ __ .. ~ SERIAL NO. SIZE COLOR . ~ ~ 4 ·-. 5 6 7 ~· a r 7 ~ 8 . _! I ·-" e . I . 9 JO < RACE & SEX OF PERSON ATTACKED R_No Person Attacked )(_Not Shown 0-White Male 1-Colored Male 2_White Femal• )_Colored Female 4_White Male & Ftmale s_Colored Male & Ftmale (,_White & Colored Male 7_White & Colored Female a_White & Colored Mal• & Female SCENE OF OFFEIJSE 00-Not Shown OI-Accident Scene 02_Airplan. OJ-Airport 04-Alley OS-Apartment Ob-Automobile 07 _Automobile Agency OB-Bank 09-Barber Shop or Beauty Parlor lO_Beer Joint ll_Boat 12-Bus lJ_Church 14-Club 15-Dance Hall lb-Department Store 17-Doctor's Office 18-Drng Store 19-DwelHng 20_Factory 21-Farm Land 22-Garage or Service Station 23-Garage CPrivate) 24-Grocery Store 25-Hardware Store 26-Highway . 21-Hospital (Medical) 28_Hospital ( Mental) 29_Hotel .JQ_Lobby Jl_Motel 32-0ffice Building or Office JJ_Qut Building 34-Penal Institution 35_ •Place of Amusement 36-Post Office 37_•Public Building JS-Railroad (including station) J9_Restaurant ~0-River 41-School -12_•store 43-Stroet 44-Theatre 45-Warehouse 46_Woods HOW ATTACKED OD-Not Shown Ol_Advertising 02_Agitation 03---Attic 04---Automobile OS-Basement 06_Beatlng 07-Betting OB-Binding & Gagging 09_Blesses 10-Boording 11-Burning lZ-Burylng , ~ ...... Money & Leaving Bus, Etc. lJ_Calling for 14-Ceiling 15-Coll•cting lb-Combination (Safe) 17-Cutting 18-Door (front) l 9-Dcor Crear) 20-Door (other) 21_oru99in9 22-Employing or Employment 23--Establishes Credit 24--Exchanges 25-Explosives 26_false Pretense 27_finds Money {Pidgeon drop) 28-Firearrns 29_Floor 30-Forging Jl_Fortune Telling 32-Gains Confidence 33-Glass broken Jtl_Jgnition 35-Intoxicated 36-Impersonating J7_Loafing 38-Mail J9_Misrepresentlng 40-0btain for Repair 41-Parked Autos. 42_Photography 4J_Pick Pocket 44_Pull 45._Punch 46-Rent 47-Rip 48-Roof 49-Sell 50-Sex (Natural) 51-Sex <Unnatural) 52_Snatching 53_Stabbing 54-Statement <Oral) 55-Statement (Written) 56-Striking 57-Stripping SB-Strong Arm 59-Telephone 60- Threatening or Holdup 61-Transom 62-Uttering Forged Checks 63-Uttering Worthl•ss Checks 64_Wall 65-Window (front) 66-Window (rear) 67_Window (othorl MEANS OF ATTACK 01-Not Shown 02-Absconding 03-Automobile Q4_Bar OS-Black Jack or blunt Instrument Qf>_Bodily Force 07_8reaking or Forcing Locks OB-Bolt Cutters or Pliers 09-Bottles 10-Bit or Drill-size unkn=,wn 11-Bit or Drill ¼" 12-Bit or Drill ¼" 13-Bit or Drill ½" 14_Bit or Drill¼" 15-Bit or Drill ¼" 16-Bit or Drill ¼"' 17-Bit or Drill 111 or over 1a_Brass Knuckles 19-Breaks Glass, Door or Window 20-Certified 21-Chemical 22_Chisel, size 23-Collecting 24--Concealment 25-Club 26-Driving Away 27_Drugs 28- Engraves 29-ExplosivH JO-Failure to Deliver Goods Jl_fictitious Orders 32-File JJ__ firearms-Automatic 34-Firearms-Machine Gun 35-Firearms-Revolver 36-Firearms-Rifle J7_Firearms-Sawed Off Shot Guo 38-Firearms--Caliber not shown 39__ Foil 40-Glass Cutter 41-Hatchet, Ax & Shovel 42-Hauling Away 43-Horse Racing-Fake 44_!.Ice Pick 45-lnflammable 4b_Jack 47_Jimmy, size 48_Jumper 49__ Key SQ___Knife or Flat Instrument, sii:e Sl __ Ladder 52-Literature 53-Matches 54-Missile Rock 55-Money Order sb_Jlote 57-0prn SB-O>ryacetylene· 59-Pap,r 60-Paper Clips 61-Pay Checks 62-Photography b3-Poison 64_Pretends to have gun 65-Pretends to be Collector b6-Pretends to be Doctor bl-Pretends to be Jnvestigator 68-Pretends to be Inspector E,9_Pn~tends to be Nurse 70_Pretends to be Salesman 71-Pretends to be Writer 72_Promises 7 J_Protectograph 74-Prying 75__'.Rags 76-Razor 77-Removes Panel From Door 78-Rips or RemovesScreen 79-Rope or Wirt 80-Saw Bl-Screw Driver, Size 82-Shop Lifting B3._Snatching 84-Spying 85-Subscription 86-Syphoning 87-Tickets 88-Typewritten 89-Wrench 90_Wi-itten, Longha11d 91-Selling TRADE MARK QQ_None Shown 01-Admitted through False Pretense 02-Arm'!d & Threatens QJ_Ate Food & Drinks 04-Bogus Credentials 05-Bare or Stocking Feet 06-Burns Matches 07-Carries Safe Away OB-Changes Clothes Q9_Checks Printed, stolen &· Counterfeit l0_Chewed Tobacco l l_Commits Nuisance 12-Cuts Telephone & Light Wire, lJ_Depositing in Bank & Overdrawin;;1 14-Disconnects Burglary Alarm lS_Disorderly Worker 16-Drugs or ChloroformsVictim l7_Enters Home While Occupants.are Pre5e11t 18-Escapes on Foot 19-Establi•,hes Credit 20-Expcrienced Worker 2l_Extortlon 22-Exhibiting Bank Book 23-Flash Light Used 24-Follows Viclim 2s_Fraut!11lent Collecting 26-Fur Racket 27-Gains Confidence 28-G!oves Worn 29-Guests 30-Hitch Hiker Jl_lndecent "& ObsceneRemarks 32-lnsurance 33-lmpersonatlon 34-Jewelry Only 35-Kidnaps Victim 36-Kind & Polite 37-Labor Trouble 38-Literature 39-Leaves Door or Window Open 4Q_Line-s Victims Against Wall 41-Locks Victims In Room 4~Loiters Around Playground 43-Makes Victims Lie on Floor 44_Malicious Damage to Property 45-Molests Workmen 46_Money Only 47_Nervous 48-0ffers Candy, Money, Etc. to Children 49-0rders Taxi &. Robs Driver 50-Party Burglar 51-Passes Good Checks First 52-Pretends to be Drunk 53_Pretends to be affiicttd 54-Pretends to be looking for Fictitious Person 55-Pretends Auto. Is Broken Down 56-Pretends to be Purchaserof Auto. 57-Pretcnds to be Delivery Man 58-Pull; Blinds Down 59_Purchases Goods &. Receives Balance in Cash ,o_Remcves Glass without Breaking 61-Removes Panel from Door 62-Rentir.g Racket E,J_Requested to use Telephoneor Toilet 64-Rings Door Bell 65-Rough Voice 66-Sells Without Proper Title b 7_Short Change Worker bB-Smokcs on Premises 69-Solicitor 70_Steals Auto. for Stripping 7 J_Steals from Auto 72-Stcals Victims Auto. 7J_Stolen Auto. Used 74_Telephone Call-Anonymou':l. l5-Uses Jimmy or Scfew Driver 76-Wears Mask 77_Victim intoxicated �•, II, ict • , Accue.«!. ( his dicat•d n Poli tlftlill"tl,tin· tor Vi hicle) upon a call ton,.repor i , a er. t an no c1t1£en to the on oute .33, 1.2 lllil.e ea ot Elkton. At 9:SO P. t., r 3, 1961, h • recei~ ATmonaa.ttoxrequest1n .. t I in Elkton 1n ckin County. I arrtve eti the scene at 101" cl.es and an east dead at V frOl'II C st of and found that the hicl er te by th e by • Two • _ sp t • • G. O. Tanne ot the accused's , "1.r nia, al on re d been tra ed d abov o the left d1o er sh on oute 33, 1.2 i. a 1960 Volk.awt&.EO.n d, o r ted by the ve to ite left, ran .,.,,....,, t1 aboul o t victi •scar, and f the accuse •sear. • · • ot the , lane. o! S , 6 o ~ . Voh:.clo c 2 o e to d its front o a.ted by cle 'I ~ 2, ~~. lllde the lett fr nt e 21 after • V hicle 3 did not st.rile • The s locat hard surface, t lane, v.i 1!11 eolJ>d, it• :ter. It had been raining just pri.or to the crash, tho road • te -IU4,&"'-tion t hi! soa day when the road Vehicle f/2 wnen it on a curw o ere • oul • the I • rk , and t l"lal:"Rs other t ..""'...-.r der. ia 11m r e ck the tollowi. n those de by Thia era.eh occurred machi cle 1/2 d i icidins s:i.de e boulder and the rear 'llh.eela th that t & t . o... d I queationad the a ve-narn dace ~ d to the f'ollmd. ht and morning in the s of f1ce of th COlllllik>nWtll:1. 1 s ttoirner:, t ,.. Co nty, J • , t vhicb t1M he eta ted that be .a traveli st enroute to Harri nburg t e \int of th1 c rash and vu ...-·~~- around a c'Ul"Y4tto his l•ft th his left 1'l el over the center line. H stated saw a on-oOflli.ng '¥9hicle in its o r lane, did not Nmember whether applied brakes or not. He stated hie car pped aro nd he was struck in t.h• side by the on-ccwdng car. stated t. out and assisted se era out ot bis car and that others WBJ."8lo- ..... - after tlw traffic and t ·ctim. a ted be tra eling about E() lllil s per hour nd at he had d thN . been prior to t ora,sh. Be stated · •a trave f'ror-l Norfolk • ute to Harrlsonbur , d t t car tollolli.n hira ocCU'!'J1ed by friends .. d d baen behlnd him. for ti ior to the crash. Ha stated he is in t vy and t.1.onedat ort 129, u.s. val a , lfortolk, Vi• ��io ·cle) a.ecus d's I all 8 d\lledi • t ��-~~~->~~~ %~-r/U, - :?'~ ~J~ ~ h~>~JtJ.~r /~~~ -~ .17bR ~ - /t'}/~J~- ~,.Z~- X- ~: ~~-~~~LJ ~.$ de- p~~~- ��April Mrs. J. Edward Sandri 2, 1962 ge 4 C :-inth Div Richmond 27, Virginia Der rs. ~andridge: As you requested, the followin are the nam sand ddre ses o= the boys ho were passengers in the vehicle driven by Donald Shipe: Darrel Albert Kennedy, Route #J, Red Lake Falls, Minnesota; Mich el Charles St iti, 148 Turnpike Street, Canton, Mass chusetts; Rayland·. Martin, Lafayette, Louisana. you, If there is any other I will be happy to do so. information which I can furnish With best wishes, I remain, Very truly yours, James R. Sipe JRS/ - ��L nc or di - ct. Cr rfor b d i or er C f fi d h t ll yin ��COMMONWEALTH v. DONALD BROWN ffiP INSTRUCTIO The Court tutruete the jury that th mere bappenina of an accident doe• not rat•• any pre• mption whatever of any negligence either ordinary. aroa•. or culpable D t part of the operator of t e motor vehicl •involved. �a OIT o iV -: :to arli RT �co O .. E LTH DO ..... D ROW SHI I rt bil TU TQ:!' j ----re iddi g of an natum a of it elf as to to co stltute c i ren uto1 o- o th p rt of t bl ne - �.. ' I g �CO ONWEALTH v. DONALD BROWN SHIP INSTRUCTION j The Court 11l8tructa the jury that even though tbe accused may have committed some unlawful act ln the operation of hi• motor 'Vehicle, you can• not find bb:n guilty unleaa th ct -o committed wu in itself danprous, and. you re inetruct d that the mere violation ol a tral.fic law does not t-ender blm guilty Qt tnvolunt ry manala\l&hter. ��COMMONWEALTH v. DON LD BROWN SHIPE I ------ INSTRUCTION t.,c the jury that the accw,ed l• presumed to be in- Tile Covrt iqtnicta d, that this preeum tion fol- nocent of the crime with which be i• charged# lows t accuaed throughout e ry ata1e of the trial. the ccusecl hae denied every •••entlal By his plea of "not ty 11 alle ation of the indictment u.d baa t pon the Commonwealth the burden of provtn, eveey element of the crime charged and the accued'a T ,ullt beyond every re aonable doubt. burde~ •• ao lmpoaed on the Commonwealth, does not abift but nmatna throughout the entire trial. to prove or eatabU.b hls llm you entertain even be efit of reaao euce.. and, U, aft r coneidering the evidence ble do bt of the ace find ell The accused ia Wlder no requirement m not ' ed' • ilt, you must glve lty. Th •preaumptton of innoc nee 18 not mere form to be disregarded by you at pleasure but it is an eaaential and binding part of the l~w of the land, aQd must giv the efendant the full benefit ot such y You are furth r instructed that aecued is guilty of t er to convict nor le it aufflcle likely guilty t pilt co not guilty, hile re um y mptton. picious that the e with whic 1f you feel that ut to t ·robably guilty or more rraa: the convtctton of thuJ accwied, b1 mu t be proved eo cl arly that there remains not one reasonable theory iet nt with the evidence upon w ich e can be mn.oc �------ I t • ua j· :t t:uro~ rl :t lo :tt 8U!> baa Jnemfo bal • :t "I 89 • •• 0 aftb-iud ad • • £I sob ed :tll •' 0 a nt & :t • l lo t ,buI9'1 w•l edllo 1altff9N9 t • mn n.a al t aldT 9"1.... ! ta ta • IIO idw :t t:>1 .a o..Ue rr f -s nedl t .aaoa•n uo toa aaJa .t na d ldw :tn �COMMONWEALTH V. DONALD BROWN SffiPE INSTRUCTION The Court iutructa •ym~ ---- the Jury that you should not b!t 1nfluenced by or 1entimeat 1n reac.blng your concluaion but should render your verdict according to the law aa given by the Court•• iaatauctions, evi~nce wblch baa been presented. on this trial. and the �I I ! I 1 ���My name is James Edward Runyan. My address is Norfolk, I am in the United States Navy. I am 21 years of age. Virginia. I have been told that I need not make this statement unless I desire to do so; that everything I say must be of my own freewill, and that anything I say can be and will be used against me in a criminal prosecution. I ha'\ealso been told that I am entitled to counsel. Nevertheless, I do make the following statement voluntarily this 4th day of November, 1961, in the office of the Commonwealth's Attorney, Court House, Harrisonburg, Virginia, in the presence of Trooper R. D. Schuder, Jr. and James R. Sipe, CommonwEBl.th'sAttorney. I left No:dolk yesterday afternoon, November 3, 1961, at approximately 4:30. I had two passengers in my vehicle, Dalton and Ries. I was driving my automobile and was coming to Harrisonburg. We made one stop on the way between Norfolk and Richmond to get something to eat. We were only stopped for approximately 10 minutes. Shipe was still at the barrarks at the Naval Station when I left. Shipe passed me on two occasions, the first time being when I was stopped to get something to eat and the second time on tms side of Richmond. When I was a couple miles east of Elkton,! was traveling approximately 55 m.p/h and Shipe was in front of me. The road surface was wet and visibility was not to good because it was misty. I did not see Shipe collide with the other vehicle because of a curve in the road. When I came around the curve the accident had happened, and I got in between the two vehicles and struck the front end of the Shipe automobile. I do not know whether I applied my brakes or not. I do not know exactly how fast Shipe was traveling, but it was seven! miles faster then my speed. I had one beer to drink when I stopped on the other side of Richmond to get something to eat. are true WITNESS: I have read the above statement and the facts and correct to the best of my knowledge. stated therein �'- �My name is Donald Brown Shipe. My address is Port Service Department, SB129, United States Naval Station, Norfolk, Virginia. I am 23 years of age. I have been told that I need not make this statement unless I desire to do so; that everything I say must be of my own freewill, and that anything I say can be and will be used against me in a criminal prosecution. I have also been told that I am entitled to counsel. Nevertheless, I do make the following statement voluntarily this 4th day of November, 1961., in the office of the Commonwealth's Attorney, Court House, Harrisonburg, Virginia, in the presence of Trooper R. D. Schuder, Jr. and Commonwealth's Attorney James R. Sipe. I left Norfolk, Virginia, between 4:30 and 5:00 yesterday afternoon, November 3, 1961, in my automobile to come to Harrisonburg, Virginia. I had three other passengers with me, who were Michael C. Staiti, Darrel Albert Kennedy and Rayland Martin. We stopped on two occasions between Norfolk and Harrisonburg, the first being outside of Hampton to get something to eat and the other time in Richmond to get water put in my car radiator. At approximately 9:40 P.M. last nigh~ approximately 1 mile east of Elkton,I was driving my vehicle when I came into a curve in the road to the left. There is a double line, and I was driving at a speed of between 55 and 60 m.p.h. when I started into the curve in the road. The road surface was wet and there was a mist in the atmosphere. I started around the curve and I was driving partly on the inside of the white line. As I got into the curve I believe I applied my brakes, causing me to lose control of my automobile. I went off the left side of the road and after traveling a short distance struck another vehicle which was approaching me on his side of the road. After I struck this motor vehicle approaching me, another which had been behind me struck the front end of my vehicle. vehicle The car which struck my front end had been following me for some distance. The driver of that vehicle was a friend of some of my passengers. at about 3:00 P.M. I also had 3 or 4 beers to drink. I had two beers/in Norfolk jva~ before I left at between 4:30 and 5:00. I also had two more beers to drink when we stopped outside of Hampton to eat. There was also a 5th bottle of whiskey in the know whether any of my passengers had anything to drink There was nothing mechanical wrong with the automobile lose control of it. I do know that the left rear tire are true WITNESS: I have read the above statement and the:facts and correct to the best of my knowledge. car. I don't from it or not. which caused me to was rather smooth. stated therein �.) �• ,, ,. • • • II ����n is J United Stats My th p th 0 Har Jame s Edw rd unyan. My dd ess is avy. I am 21 y r of age. orfolk 1 Virgini I h v been told that I need not e this tat nt nl I that everything I y must be of my o ~ freewill, and y c be and will b u gainst me in a criminal tion. I ha 1 o be-n told that I entitle to con el. Never, I do make th following st t t oluntarily this 4th y of r 1961, in the office o the Cc::.::c~walth's .ttorn y, Court Hou e, burg, Virginia, in th prese ce of Troop r R. o Schuder, Jr. and . Sipe, Com::oo11wG~th's Attomey. I left No lk ye terday ft moon, Movembe-.3, 1961, at at ly 4:30. I h d two p s n rs in my v hicle, Dalton Ries. riving y aut obil and was c in to rrisonburg W made on he y b tw en orfolk d Rich nd to et somethin toe t. We re o ly topped for ro imat ly 10 inute. Shipe was till at the b rrarl t th aval St tion wh n I left. Ship ped to see When bet I d bow I h pas t m on two occasions, thing to eat d th the first tim being hen I second time o t • sid of When I a t ly 55 •p/ d v sibilit colli e iles east o on I wa tr ling hi as f • Th. ro d r ace t to good be t w s i y. I did not ther v bicle of curve in the road. b ccident ppened, and l ot in he t struck the front nd of the ~ip au~ o i . kno id y brak s or not. I do not know x ct y Ship ng, but it as eve mils faster then my spee. be r to drink wh I stopped on th other ide of ichm nd to bing toe t. I h ve red the above t t t and the facts and corr ct to th best of my kno l~d . JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. stated tber in �391a WA.J ,AV .H a3MAL TA YIIMROTTA ,,>RUSl<Oe!RRAH �VIRGIN In C • uit Cou t of h Gr Circuit r C kill Shi- R n ' h 1 on th o th ham, s r the Grand Jury ward JAMES ATTORNEY R. SIPE AT HARRISONBURG, t.AW VA. iv L, l. r th t th t r ove b r, 1961, the sl dr e, II, a ains the din tt 0 in id eac tl 1th of Vi gini. . D. -·..1nyan, witn 0 ce , evi J po th .ir 3 d d yo , Virgi.ni Co D 1th of Vir ii, y l y on J d dimity o of the s i Don 1 Bro aunty J ror County, y of the County or t e b n ock se v dence. -r, J orn in o en court and .' nt to �39Ia .S'I a3MAL WA.J TA .AV Y31'1SIOTTA ,i)ffUBH021S!f1AH �Comp. Form 18 STATE OF VIRGINIA ~ OF \ No. _____ To-Wit: Harrisonburg Cit:ij-0 ANY SHERIFF OR POLICE OFFICER: R. • f.-chooer, Jr• Whereas, has this day made complaint and information on oath before me, ___ J_o_hn __ ~•_L_a_n_ke_. __________ ·ty <Titiel J::IXZX Uonald Bro m Shipe _____________________________________ ,3m day of__ _ (Name) of the said C:rnmtv, tha~--------------- _ _..Ju.UO-',_.t,..i""'o ...e._.o..... f.._.TL.Jh...,e-..P"-'auca ...c....,.e'----------- did on the _ RockinCounty am _,·n th~d ___.J""lo-'-'..r._.n.um~-,,.,.,,.: ...... r_______ lti.11 ancl dn , 19--61_: Unlawfully add felonio1 a ,:ainsi~ th "',ly oft! o t;ommonwealth of Vir~inia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court ~~eounty, the body ~s) 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 lrth day of___ a...,,......,..· ..._j__,~..,....,~-----?--~ 7<Titleof Issuing Officer) JUS'!'I CE OF l'I;<; P:?.ACE (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 certiiy that and ---------------------------, to the Commonwealth ($ ________ ), as his suret _____ of Virginia , have this day each acknowledged themselves indebted Dollars in the sum of ------------------·------------------- to be made and levied of their respective goods and chattels, land~, and tenements to the use of the Commonwealth to Circuit , shall appear before the Court County day of _____________ ~ 19__ , be rendered, yet upon this condition: That the said ___________________ 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. t'Ij ::r n, () 0 >< n, r, s:.,C,: < s. g '8 ~ (/) J. P. (/) n, 1;;::s 0. n, 0. .... ::r n, n, ~ 3 () s· 0 ii:: ~ o· ::s ='= 0 z ~ l:,:j > t"' ..:) = r, ::r .., _.,, p, oq .... ::h ::s -'° t £. 0. n 0 "%j s· >-l ~ ~ n, >-l ~ ~ () 0 ~ (/) U'l C: 3 3 0 3 3 0 ~ n, s· oq ::s ~ ;. ::s ~ g:! .... n, 0..., ::s n, (/) (/) gn, (/) (/) ~n, ::s ~ "Ij n, n, "" ::s 0. n;. .., ;,;- ~;. "> .., "" n, ~ oq .., n, cc- -..,.., ~ ~ ~ C: .., "" .., ::s "" .... 0. n, .., "O £. ::s '< t:d r, .., £. 0. -Y> < :::;· < :::;· oq s· s· 0 oq .F e e:.. 0 p, n, 0. "" '< n, 0. p, ::s 0. "" '< "" n, .., "" "O "O .F ~ r::r n, 0 .., n, ;. n, n, (/) '< >-l ::,- ... g_ n, 0 () ~ 0 tll ..:) tll Q D. s· C: .., oq 0 ::s 8 i:, ~ ;:;: :l. gn, (/) (/) n, () 0 C: .., .... -'° j (/) ~ .., n, n, .., ... .. 0 (') 0 r, 0 oq C: ::s ~ 0. ::s .... ;:;· n, �n i nt, S 129, Un of ag ro t e . My dre s i Por , Norfolk, Vi My t ti rvic inia. I a r- noo, I ni . l ad Albert ~or ol thin • di • . ast ro-d 0. Th ,rt d iLte lin . to lo e ... d ft r l fer whi b I Te ich t C y fr d~iv r of tba 0 r e 4:3 d V r t corre t to JAM.ES ATTORNEY R. SIPE AT HARRJSONBURG, LAW VA. chiu thi m tor v htcl roaching m rue t fr t nd of my b cl. b I hie id r v h cle t t I 0 nt d the kno 1 d about 3:00P M. d t 1 t. . rs ts t t d th r in �:3C!l2 .R 2:EIMA W~ ,AV TA Y3HROTTA ,li>RUIIH081RRAH �,, / SHIPE , . ~ ..,N.\LD BRO~;N manslaughter r2/1.rJt1-/?~~-- ~4.fi/· 1.t/;¢1 - /f ///art--~/ ~4~# -n ?- - - J-~2fo?✓ ~:;1 ,~-r// l/1/1.2 - T//La/ - v'~? .=7~ - �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 Donald Brown Shipe Subject The topic of the resource Felony Involuntary Manslaughter Involving a Motor Vehicle Description An account of the resource defendant found not guilty Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1962 Contributor An entity responsible for making contributions to the resource Sydney Ring Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_020_021 Shipe