31 20 4487 https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_008_commonwealth-v-dennis-propst.pdf a050cd114d30b4f61632e59b861ad715 PDF Text Text ·, . ,o-sT _l\_ ~ ' DENNI.., ��DPW-5599 PR"-TR L R'PORT com TY nr.·p R ., T OF p BLIC ¥ LF ROCKING Augu a, t 15, 1961 Dennis Propst : Address: P rents: v n Propst F rne Pro st Route 1 Bridgewator,Va. ddress: Route 1 Brid ew ter, Vir • ia 15, born 8-21-45 onald Litten ttorne: Trial Date: 8-15-61 This r oort, as ord r d by th Court, • be ng m de to help deter in t ·s juYen"le should be tri d as a juvenile or as an adult. whether Pre ent Proble·m: mis Propst b the off'c r of Dridgewat r, that II nn's Propst on the 13th day of July, 1961, know one Betsy hhetz 1, a ruinor fenalo oh1ld, to-wit: the a e of 11 y ar , in violat·on of ·section 18.l-Ll1 of the Code of Virginia against the c and di.gnity of the Commnwealth of Virginia. 11 ·,.,,_ilar char as wer de against Donnie ndrews and Jer Craun. nother boy, Bobby 'eale, was ·nvolved, b t is charve was r duced to contr·but-:ing to the delinee the warrant f1led aga nst E. E. Harr· on, stating did ravish and carnally quency of a minor. Pr vious Problems: As tar as we know, Dennis Propst ha not b en bef or ourt before. rhe only dif ·culty that we understand Dennis has had has b .... en in r e;ard to school. It has not bean a ttor of attend nee, but his behavior in school has not ba n as t should have b en. 1th~ h Dannis has never gott n into any trouble over sex or theft, he ·ct admit that heh shad relat ons with a number of ot r girl around • s eneral co uunity. Statem nt and React'on: Dennis adm'ttad tnat on ten· ht of July 13, 1961, e h·d r lat'ons with bby Neale was the one who had f' r t known the Whetzel a"rl when he had beon working at construct·on work near Betsy's ho . Un this part· cular night, Dennis and Bobby Neale were to ether at the lawn art at Bridgewater. hey . t Bots and asked er if she wanted to go _or a r'd. Betsy consented to do so, t after they rode a short distance fro~ th carn·val grounds, Betsy as afra"d to hav anyth:ng to do with the boys because t was not ark enou h. Dennis stat d that th y then returned Bets" etz 1. to the lawn D nnis said that arty and later 'n the ven'ng, Jerry Craun and Donni Andr ws joined Bobby Nale and Pro-pst and took Betsy for another ride. D nnis sad that he had relat·ons with tsy fir t nd after ards Donnie drvw. did and then Jerry Craun. He id that Bobby foale did not hav relati.ons with Betsy because he seemed to be afraid because someone had hollered at the �J: • : .t �a e 2 roup before t ey 1 ft the 1 :wn rty. 1n y then took D tsy back to the lawn nart and 1 ft hr t re. D nnis sa1d that Bets wa t d to av r lat ons in it t bo s, hit th did not ant to. Dennis de t cl ar that h did not h v any id a how old B t was nd ass d her ag to bout 15 or 16. He said that aft r th boys had relat ons ith r, she told the th t she was 11 years ld. D nnis sa •d that h would not hav had anythin to do w th her had e real zed that sh w s~h.s run. a. di ird fro~ th old st c d born g h, and Ferne Propst, ag 36. _wit the xc lived mily in , shington, has li ville u ount . Other sibli ar : a ; Lar , a 18, in avy; &rue of Iva Propst, wo ye rs when Dennis re life ne r ~angers, 21, who s married, ; d ichael, age 2 t ◄ on: D n s fa 1 d thr e years in school and w 11 be in the 8th gr co ing y ar at North River 1figh School. eligion: Denn's stated ve , c , th t 11 four Church n ar thjs that pr vious to this difficulty, he had not attended church one eVicy Su.nda for the last three weeks. H aid of the be had bean oina to c re tog th r at t Br thren nnis 1 ho . t h has n work ng at Cr 'JS Keys w r he is . loy d by hour for .ixing ce nt. D nnis' f ther, Ivan, rns and work in a in ten, D. \.i. hor~ h oy hunt·ng and in y i . • construct· on, and a re ectable one. ast su • ers has ~layed b s ball. s out a 11 and a half south or San ersvill 1n li o in six room house wt bath wh'ch is of br"ck ar to be very new. e co n tr se... t b H 1th: Dennis a"d that as far as he knows he is n good he lt. Su. cy: Du to the fact that the c s of t y hetzel was r c ntly in Court, the Court kno s th t there was consid r ble a unt of dif-iculty with thi child, although sh is only 11 ye r of ag. etsy ;as cc tted to the Stat art nt of elf r and Inst'tutions. From or investigation in the co n ty where Denn·a Propst/ad'3va~soc ates ith others, we 1 arned that he sees to ave a very good r _utat·on and the places where he sp nds gr t d al of h s ti re re ectable laces �.u .r s:f �p 8 3 of bu • ss where ot er ·ndividua sol thee of the nnis not ca • •s co ses all er b ked that qu • ta W r el t fact that t d th nn s is a rl invol d the involved b rs tr Peo t c n this troubl . nd be cially n vi w oft e so ve oun • do not f 1 that an: o rce, t we feel t o~ w'llin h Plan: Ta all cts into co si r tion in this ca , th t Dennis Pro st snot bean in orevious difficult, nd t e fact th t the girl as not r 1 ctant to haver lat ons w th tha bo s, w feel that Denn s Propst should bo tried as a juvenile. Court KBF/hh ruc/Su t. ocial orkor - ��Comp. Form 18 No. _____ _ TO ANY SHERIFF OR POLICE OFFICER: has this day made complaint and information on oath before me, __________ ..:..:_____:_ _______ _ (Name) J•1st:icc of the ,:'e c of the said County, tha .._ ______________ _ (Title) ____________________ did on th,____ l_J_h __ day of.____ in the said County O_j:>_S_t _________________ J_u_l_;.,:c__ ________ _ e of • These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the County Court of the said County, the body (~ of the above accused, to answer the said complaint and to be further dealt with according to law. And you are also directed to summon: color Address ----------------L color Address _________ color Address ----------------- □ color Address _________ color Address ---------------- □ _ _ --□ ·---□ as witnesses. Given under my hand and seal, this,__ l'1_t__ July da~ -~t:r--'----=..,,~=-..==-----~----'(J"'-'~'-----L-'==------ (Title J of Issuin Officer (Seal) �OF VIRGINIA-COUNTY STATE to-wit: OF-----------------~ I. . Judge of the County Court Justice of the Peace a in and for the County aforesaid, State of Virginia, do certify that and --------------------------, to the Commonwealth ($,________ as his suret _____ , have this day each acknowledged themselves indebted Dollars of Virginia in the sum of-------------------------------------- ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: land5, and tenements to the use of the Commonwealth to Circuit Court shall appear before the County day of _____________ ~ 19___ , That the sai~-------------------, 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. ;. t?'.l X t'1> 'Tl (j 0 i-3 ~ ~- ~ t'1> n C: n 'O no s. r,, r,, ;;;· ll,) ~ ::, t'1> c,..,.. ::,- "' ~ < !" "'- ;. t1 ft\ 3 ~ :r ~ 15· ::, ~ s. ;. r,,. IJQ -'° .... I .., .!' ::1 ::, i-3 ... e. 0 ,. i-3 0 3 3 0 E. ::,~,. e. ~ ;. IJQ "' ,.s ~ ~ 0.., ,. ::, '< ::, ;;· ~ "' "' t'1> "' ~ ,.s "' "' > ... ,. ::, '-< ~ ,.'Tl ,. ll,) (j ;:.- ... ;,;- ~ ;:.ll,) IJQ r,, > .., .., t'1> ~ tx, ~ >-l .., §.: c:: ~ ll,) .., .., 0. r,, .., ll,) a 'O r,, ll,) "'- tx, 0 ::, n ,. "'- "'ll,) '< 0 -. 2:- ~ :> ~ 0 z 'Tl t"l > t"' i-3 :x: "' "\ ::, ::, 0 a:: z a:: p i-3 s. "'- s:: «- < ::;· < ::;· IJQ ;;· IJQ ~ ~ 0 ll,) ;;· 'O 'O r,, F. F .., ll,) ,.-. ,.0.., ;. ,. O'" s. .., ll,) '"3 "'ll,) ::, Ul 0 z t"l '< ::t, 3 30 (") :> ~ ;;· ll,) ::,;: :-0 :-0 ~ ;. ::,- n > :-0 !!. n ti 0 ~ ;. r,, t'1> (j 0 J. P. ""' >-l ::,- -s r,, 0 0 r 0 f/l '"3 ~ Q er a:: D. .., IJQ = g;;· 0 ::, f/l ~ ;. ,. (j 0 !!. s,. ,."' "' "' ~ ... ,.... s:: ... t'1> .... .., 0 :0 l t'1> (j 0 c:: ::, ... ::: n 0 ::, IJQ ;:;· ,. "'- � 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 Dennis Propst Subject The topic of the resource Felony Statutory 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_008 Propst https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_006_commonwealth-v-delaney-allen-black.pdf a738798ba9ea5771b54ceb75d4bf03c3 PDF Text Text COMMONWEAL TH VS. .. ~ ~"1I DESCRIPTION OF PRISONER ~ Last known address Color --<.A/ Hdg}t Marks __________ Age J.9 Date of Trial Result S"- 9 Eyes ,..,..... ____ ~ccupatio /{bfJ,_~afr ~ .________________ '-~-~-=-------------- 7-....{l(i- :).../ / / Y b .3 Ji D ~ ~ ~ ~~/fJ~_ 41,-. Weight~ _ ��./ • - z) U771--( ~ /l~ ~d #- ✓ '7 t:, ~ _ , {;) k~c&t'~. / ,t,,,,,,,1£ z✓:;_fl ~?r c-0.a 4 3//Y, _,P.,~. : ;< 1(J) ~.2~4p T, ;/),_Lad, ..) .- L ~JO~~~lf t L,~P'2~L 7 a,:ze,~&/ ;1 _ 1J~z.." 1 u.t_d~i �l = �COUNTY COURT N<?39838 Criminal Docket A Commonwealth V. Appearance Date Trial Date / 1 - fJ ,,- 6 2- 6 L-- _ // - /-,,iii~~ .......... "-&-' ~~M~~...-~ . . . ___:::::,..__ _____ 4 .. ~ tJ..iL,; .,~ 2-/ ----i ��0 ~ ~ - --~ J-~0 ~ ~ j)~ \ f\1 -;-\,) (' # 1 1:) ~~ ,< • + ,- b w ;o ~ C Q ~r- .~ 4- ~ -=-~ "', ~ ~ ~ ~ (' r ~~ ,. 1" tl t ~ (t) - ~ ~ 0 ~ ~ < H - ~ c C" .. ~ -4 1 - ._ �r 7 ip 7. r I I I J I ~ ~- ~c II ~ ,..• ___,.____ .__..__..,,,. ItI I r - tt- tj+ I t /0 /I 7 I fr I O �JAMES ATTORNEY COURT R. SIPE AT LAW HOUSE HARRISONBURG,VIRGINIA �_________ .,c..,,__ ______________ ;;... ___________ .,_,.;:--c:..... :..----------=,:,-=-»-:i.-"-....-.::---,;.....------------------------ �Witness Subpoena Commonw,ealth of Virginia: County of .Rockingham, to-wit: To the Sheriff of said County, Greeting: to appear be , 5 6.JJ-day of t J-tcl../ to give evidence,. in .behal~f-~~~~-' said County, sitting at Harrisonburg, , 19 6 L,-at Virginia, m said County, on the hour of_-----""'.J _ _,,,"-'(/);.....__...:...fr'\.:........>o..c..:,_ _____ of that day _4--~~--------------------------- m the pending case V. Given under my hand this ,)__&: day of_ ___._&-f--=-...,.__..,,-___ (!__ __ \4_:.~~Ldl;j I Clerk Asst. Clerk �u The County Court ;;: ::J () r: C '-' . :,.. -:.• C >,... 1. ~ If "'{ ·c, (. L... :;;; ~ I ; ?--·· i i j ' i' ,f .-1_·; ·,; . ( V. ( Witness Subpoena ~OiL'bLl '-' ,::_ lo II- 0 3 _. ( C ;.,.1_ ;;= ' Mo> . J 2- �i 5 7 5 6 7 6 5 6 7 7 7 7 7 5 5 7 .00 .5 2 .8 l~ 26 .5 2 .12 .0 0 .6 .10 .8 0 .10 .10 .10 28 .8 4 52 6 54 6 .4 0 6 .4 0 6. 0 6 .l!O 6 6 5 7 5 16 8 5 7 7 6 7 7 7 7 6 .12 .6 8 .8 4 .5 2 .0 0 .0 8 S .0 0 .5 2 .5 2 .6 8 .10 .8 0 .10 .52 .5 4 6 JIO 6 .12 5 .8 4 249.22 T ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . - Deputy Sheriff G. M. Wilcox ~ ------------------------------------------------------------------------------------------ ·------------········----------------·------------ ----------- -------------- ------------ - -- ...........R~P~t.Y...~.h~.rJJf. ..:r....... t~....Mgx.tJn ............ ~ ................................................................................ . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth-before ?:Q.~b. .. day County, at the Court House thereof, at 9:30 ofF'.~.~£~.?£Y ............... , 19... §J, to testify and the truth to say in behalf of the -tke- GPand-.Joc,-,against .............................................................................................................. . Delaney Allen Black who stands charged with and indicted for a felony -mi~a~11,, And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the ..J}tPof of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison........f.~J:?.I.~9:IY...................... , 1 ..J...., and in the .J~7..tbyear �... rv - \ - 1 1 ' -, .,#;' -t ..... ........ ......... . I,· If .1 r·-·R:::): -- EXECUTED;'M~/✓ ROCK I~✓ GHA -B~Y.JD•:z.:·ILNIVT!~~~UNTiJ~ 'COPYOF THEWITHI · · · .. ~ .............. Tofl.- !N PtRSO!\I . • • • -~- z~F;RMA By . -:' ..-................ •••• • • • S. :· :· . D.S. k. ..... ~ • -~·. BY. · · ... . A ~ • ·T. • • • -· •• c. .... D. S. R. r::. - l~W~D~Al\f ~---</. -.~d . . �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon···········~···················•···········································································•········· V. ........................................................................ . ··········~~~~ ...~.· ....~.~!.~.~ ......../J,J, .............. to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the .?.9..~h. day County, at the Court House thereof, at 9:30 of .x~.~:i:::~.?.EY........... , 19.....~} to testify and the truth to say in behalf of the Commonweal th hef e.Pe-the-G.Ptltul-,J.ttPy; -ogainst .............................................................................................................. . .................................................. De lan eY...Al len ...Black ................................................................................................ . who stands charged with and indicted for a felony mimiemeanor.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}.~.~f of the Commonwealth. Attorney for Rockingham County and the City of Harrison........... .f.~J:?.?:".~~?:".Y ................. , 19.§} .., and in the ....~~.d!L. ~ .~~.?._~~. yea!' ./~·····•·················•················ Attorney C~'s �[,'.~r·•,··: o• ~~ ,1-..,/J,/(, -;J),'1r ,.J ·y of ~- ..... \, :Jiniu, by coll1;9 at t~s~'7f .. ;u'/.!/f ..., of~~- , 19t?J.., in the County abode, •••••••• .••••.••. ond not findi'1g ~ there, or c: :~ other p?rson upon , ✓horn service could be. mode, I left a true copy of the above mGntioned papers attached to each other, posted on the front door of ~ .. usual place of abode . 1t.1:sr .·pf··'f.~fJJrnM~:-1.... . s. Re_ .\ l s .~,. -1.ef/o/-. ,......... DepL1ty Shenf �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summ2:n ...... ................................................................................................................... Paul Ettel ---------------------------------------------------------------- . --------------------------------·--------------------------------------------------------------------------------------------------- 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 ..~.Q!=.bday of ....~~~E~.~EY. ......... , 19...~}, to testify and the truth to say in behalf of the Commonwealth -before-the- -61-~nd-lttry;-against .............................................................................................................. . ......................................................................... Delaney .Allen ..Black ......................................................................... . who stands charged with and indicted for a felony-nti8detnet1.H&1-: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!}~.b .. of ...........f.~.~.~~.~.~Y..................., 19..§}., and in the~.~!.~.~ .. year of the Commonwealth. �E:KECUTEq..).-;J/-:£',1.. IN THE COUNTY OF ROCKINGHAt,,f BY DELIVE~ A TRUE COP~F THE WITHI~~~ ;~~~~------------···--~ roJ½ll'Pf,Rll,W'i --_ s. R..C. _~ ,~-#-. D. S. R. C. V\' I �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ........Georgia .. Mae ..Hoover···- ...l 2S··•E•...wash ington ..St .• ·'···Harris to appear before the Judge of the Circuit Court of Rockingham on burg······· V. ................... . County, at the Court House thereof, at 9:30 o'clock, a. m., on the .~.Q~.h.day of ;ir~J?.!'.~.~!'.Y ............. , 19...9.}, to testify and the truth to say in behalf of the Commonwealth Bet'eI"e-the-GffiH&..Jtu•y,against .............................................................................................................. . ..................................................................... Delaney ..Allen ...Black ............................................................................. . who stands charged with and indicted for a felony mtt>ffet1ieant>:t>. 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.JJtb of the Commonwealth. Attorney for Rockingham County and the City of Harrison- of .......f.~1>.r.l.:HP:Y. ...................... , 19.6.3 .., and in the 18.:Z.thyear �EXECUTEDf:./.(·.4J .. IN THE C UNTY OP roCKINGHAM BY DELIVERI A JRUE r0~oy OF. HE ~!THIN .• • ~.; ~~·-~~- ~ .•• ·to IN PE SOW ~~T~WDfi~N • •••. S. R. C. . !j... ~ ... 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 ............................................................................................................................ . .. ...... ~l~.~£ ... 1?.J~.~~··············£···········~············•·············································································· -- ---------------------------------------------------------------------------········---------- ••••••••••••••••••••• ---------------------------------------------------------------------------------------------------- to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ...?.9.tJ::i day of ....f~J?.£~.?.~Y ......... , 19....§.~ to testify and the truth to say in behalf of the Commonwealth ~e- 4he-6-1'8tltl-Jut-y,-against .............................................................................................................. . .......................................................................... Delaney ..Allen ...Black ........................................................................ . who stands charged with and indicted for a felony miMlen-mt1,or~ 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 ...JJJh>f of the Commonwealth. .........f..~1?.~.Y..~.~.Y. .................... , 19...§}, and in the ....J.~_?_~~ar .... ~- ~~· ~ ................................................ • --- ----- - ----··--- Commonw 1's. Attorney . �Not finding I pace t:c•,%7 ~ ..._ - ~.. CO•..x;', ,._' ~ ~~ ~& ,, ' , YJ .. ,. . ..........•..•... c:2/ :i'!a~.7 .../<~•/. , ,_ _J rt . -~.... k. •. • - . ..... ~., :> ~. at his usual • •,,,. b d t· y · e IVenng a to~--~ .s~4~~~-• ,di?~ ..... , ·re, a m~m'..,er of i~ tr<? purp -t t 1ereof • . , ,ci 1 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ············~~.~.~ ....~.~~.~ ...~.~~~~ ....................... r:. ....... ~ ................................................................................... . -- -------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------ --------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth 3.~.~~ .. day County, at the Court House thereof, at 9:30 of ~~!?.~~.~~Y............... , 19 ..?.~.., to testify and the truth to say in behalf of the fief-ePe-~Gffif16-Jut1y,, against .............................................................................................................. . ....................................................................... Delaney .. Allen ...Black ........................................................................... . who stands charged with and indicted for a felony H.1tsdetDea1.10t',- And this you shall not omit under penalty. And have then and there this ,vrit. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, theJJt.h. of the Commonwealth. Attorney for Rockingham County and the City of Harrison- of ............f.~.R.I!-:1.~.IY .................. , 19..J>I and in the ..J~]~Pyear ................................. ~~.~.:~.-: Commo~~~ey .................... . �cc~y (,~ 7 ,~ TO.~--~·········· I ~ PERSON. /, ,~• ' I I • • • • • • • ~. STRAWDE I • • • • • ' ..... ·/",7,J.. )7° · . . . . . . . . . . . S. R. C. By .. {'/ •.... ~. ~- ••• 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 ............................................................................................................................ . ·············~~~.~Y... ~1~~~ .....~....~ .......................................................................................... . --··----------------------------------------------------------------·······---------------------· ----------------··········------------------------------------------·---------------·-··------------ 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 ...?.Q.~b day of .......f~~.;:~~.;:Y. ......, 19.§.~.., to testify and the truth to say in behalf of the Commonwealth -beiot-e--the- 6-Pand-.kH-y, against .............................................................................................................. . ....................................................................... P..elane.y...Al.le.n...B.l.ack........................................................................... . who stands charged with and indicted for a felony +IBsdetneaftGi•. 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}-1;.~f of the Commonwealth. Attorney for Rockingham County and the City of Harrison........f.~.1?.:r;.~.g~:r;.y ..................... , tf0}....., and in the .J.~Z~Pyear �~« ~.. ~-; ./. ...........at his usual ✓.;-, t, <I.......... s~~••• .,., ·---~ ,_,- r •...• ,~U • ••• in person,~t usu'JI p!r.-:12of cl-ioc"' his famHy above th~eacs, to her. .. 4 by deliveri to ~-..r~a:_ aid .. . -~ ........, --·- ..... . b<>ing a member of an e.<plaining the pu,part the,eof ••..(? ~ ~:ru,NI ~~~-~-. ..~ .. s. R. c. D~puty Shenff �In the Name of the Comrnonwiealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon---····-·-········-···-·--·····-·······················•·······-············································-················ ···-·······}-~.~.t~ .. ~~.~J.~.~g-·········p···J_···-·-~·························································································· -- --------------------------------········------------------------------------------------·--·· ••••••••••••••••••••• ---------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 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 ..i_Q_th day of x~J?..~-~-gl,J:Y.. ........... , 19____ 6-3,to testify and the truth to say in behalf of the Commonwealth -beioi·e-tlte- 6-F~,HH'~,- against ··-·····-····---·······--············································································-········· -········-···-············--·······-···································-· Delaney _Allen .. Black·······················--························-·······-··-············· who stands charged with and indicted for a felony-n~il'tdet1tefl.H&1>: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~_!:):lof ____ .__ X_~!?-~-~~~Y-·--·-----·----·--··-, 19_____ §} and in the t~lJ:JL of the Commonwealth. year �Executed on the/a-. of RcxtJntam, day of. µ_ ........ , Virginia, by ca~ 19t:;?,, a.de us'ual place of abode, •••••••• ../.Mj..//4 .....,o~d.~ findirajhL;t...~. there, or ahy othPr p~r 0'1 1 nr made, I left a true c:py or the cbova n-... 1 ;,._; 1 other, posted on the front door of~ in the County -/ .. ..... ~re, -~, ,-, ' and not ,~· ' - v- ~Mp~ •••• /J • • B~~---·~ ... t �In the Name of the Commonwiealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon J .Richard County, Greeting: -----------··-··········-··········-···························x:•·· Simpson - 38 W. Gay St., ······••·················-················-···-•-·•······ Harrisonburg ::-::?:::~i~:~ii:::~:~i~i~::::~::::i:~:::~~::::~ii:::ii:~::~::·~ii·i_-{~.ii·~.i.i~:.-.·.·.·.· ..-.·.-.·.·_-_-.·.-.·_-_·.·.· ..-_-.-_-_-_-.·.·_·.· 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 f(HJL day of ..f~_P..1:'.:~.§.J'.Y.---·---·-·• 19_9_J_,to testify and the truth to say in behalf of the Commonwealth -beiot'e-4.ke-SPanff-.kwy, against -···-·-------------··-·-·-···-·-·----·-···-·-·-··-··-······-·-··-···---··-----·-······-···-······-----···-··--· --·-·--·--·------·-··---·----·-·--·-·----··--·----···------·----··-····Delaney Allen 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 __J}_t.tbf of the Commonwealth. ..Black···-···-··-····-·······----·---····----·-···---·-·-·-·-·-·-···------····-·-· tttiM¼etneaH<H.'. And have then and there this \Vrit. Attorney for Rockingham County and the City of Harrison- -----··--f.~_l;?_x.:~_?..X.:Y .........-·---·---··-,19___ 9-J_, and in the _JJt?.tDyear �e< ·CUTEeo1.~/rfftf"-d.IN THE C ROCKINGHAM BY DELIVER! �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon--------------------····················•···················•································································ ............Wi.11-iam ..Hisey ....~...%...Hru&kins ...Hardware. ..~.~.~ ..~ ...~~E.I.:~.~~P-1?.Y.~K ........~. 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 ..?.Q~_bday of .f.~~I.~~I.Y. ............ , 19...f?J,to testify and the truth to say in behalf of the Commonwealth bclore -the-Gi'and-J:twy, against·······•····••·········-·························-·······•····················································· ·····················································-················ Delaney .Allen .. Black ............................................................................ . who stands charged with and indicted for a felony ffls<ienee.H&l,,. 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 ..JJ.tJ:iof of the Commonwealth. ...........:f~.RJ:)J.~XY.................. , 19..6.3.., and in the ..18.7..tb year �EXECUTED(;,(.-/.J.: tJ!t-.1 THE COUNTY OF ROCKINGHAM BY DELIVER~ A TRUE COPY OF J"HE WITH!~ T~~-/.~ IN PERSON. •••• f'}·. ~- / ~2)"{~Y~..s. B~~-~~ .. ¼ ~ ....... . R. C D.S.R.C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon County, Greeting: .7'····································································································•················ V.. .............................................................................................. ·················•··- ············G·~:i;.~J.~ ... ~9:g.~}J.~................ to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth .?Q~.~day County, at the Court House thereof, at 9:30 of ....~~~E::1.~EY........... , 19...§}, to testify and the truth to say in behalf of the bef.oi·e-tke-.Gf-~iJ~;-against .............................................................................................................. . ......................................................................... De lane Y..Allen ..Black ......................................................................... . who stands charged with and indicted for a felony 'fH.is<iemeaeQ.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 ...1:}t.Dof ........F.~J?J:;-.~~~Y ..................... , 19.J>.J, and in the ..UUJ~b year of the Commonwealth. �EXECUTED:!.-/~?.J'. IN THE COUNTY OF Ro·_:Kl!'--IGHAMBY DELIVE~G A TRUE COPY OF THE WITHIN--T0/4u-4. INF:'~)N. ~ :- ~ .......••• ~ ... ····~.~T_(~~~z?···. B.',l---<."u' .. @. ~;,#7 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 ............................................................................................................................ . (~ .....~.~.seph···N •...Mewshaw ..- ...%...starlite ..Motel , ...Route ...1/:1.,...Harriso~.b~:i;g·······~······· f-F-.... ~~.~.: ....Y..~~.~~ ... ~~.~~~·~·~·~·~·~···~···~····~·~·~~~.~~: ..~~.~.~~.!....~~~~.~ ...tt~.~ .... ~~~.~.~~.?.~.?.~~.~ .....~ -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------········------------------------------------------------·---------------------------------------------------------------------------------------------------------------------------------------------------------------------- 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 ..i.o.t.bday of ......I~.RX:!J.~XY......., 19.6.'.>. .., to testify and the truth to say in behalf of the Commonwealth before -t:ke-~f'and-J.ur~, against .............................................................................................................. . ................................................................................. Delaney All en .. Black ................................................................. . who stands charged with and indicted for a felony-misdetneaB@•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}!;.l:iof .....f~.~~YJ!~Y........................ , 19.....§}and in the .J.~l.tJ.:lyear of the Commonwealth. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham ~0-11-~r;:;;b~;~:n:isu#~ Z_ County, Greeting: ••-----------_ ••-_--_-_--_-_.-_-_.--_.--_-_-_-_-_-_-_-_-_-_-_-_-_ __ -_-_-_-_--_-_-_.-_--_--_-_.-_-___-_._-_••-_--_-_-_-_-_-_- to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the _}._Q_!=_b day of _f.~P.!~_?.-!Y.____________ , 19_~} __ , to testify and the truth to say in behalf of the Commonwealth -beiofe-the- 61-and-.Jury, against----------------------------------------------------------------------------------------------------------- Delaney Allen Black who stands charged with and indicted for a felony And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's ffl1~tneftftffl.'. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the ___ ~}-~~of __________ X~~:':°-~~??X_________________ , 19___ ~}, and in the --~-~_?.~-~year of the Commonwealth. �Not flnd;ng-.-:':. ploce of abode, Execu~ rrue .... r,hf?:-Y. ~- ••••••• ....... ot h;s usuol ... ,;/ .-. /. 4".--:.1{ ./.. , . . . . . . by deHvedng o c~f~~~t'""Zfc-.1 ~L• ............ to ~~6..•.~,."'' ;n pe•s~n, ct ,o;d~y- ....• ::Af,,,,_,,_ .... . usual plcc:c of c,Sr>d:?C:?!...<:f '. .Z1-~ ......... , being a member of his family above ,hJ cg8 of 16 fe;;s, o,d explaining the purport thereof to her. ·» ... ·IJ:,,:~ .?.t1, SJRA~MAl'i . .... s. R. C. ./.,<~. .. D~puiy Sheriff �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon-·-······-··--···-····-·-····-····-··-···--·-························••·············-··-··•····--·····-······-···--·········· ···-······--f:i;.~.~~JJJ..~ ... ~.h~~.~...~ ...~~.~.t.~ ...1t.~.1...~.?.~E.~~.~~1?.~!g ....... ~ ......................................................... . 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 ..~~.~E~.~EY.:.....·-····• 19.~.~··• to testify and the truth to say in behalf of the Commonwealth -be.fot,e-+he-6mntl-Jui-y, against ········-·-·-------················-······-······-················-······-·-···············-·····-········--··· --------···---········-··-·-·······-········-·········-·······-········Delaney Allen .. Black·····-··················--············--·····-·····--···-·····-·--·········· who stands charged with and indicted for a felony HHsdeine&ITOC. 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, theJ}th. of the Commonwealth. Attorney for Rockingham County and the City of Harrison- of ........I~t?-~~.~.~Y .................... , 19§_} .., and in the 1§.7..~h. year �i:YECUTE'.).}-j.f ~J .. IN THE COUNTY OF F-:CC:<INCH_t--.M BY DELIVERlh,!GA TRUE ,-..;,'Ii'(, IF Ti-IE WITHlt-., ' I . p,,/ Q ~~ • -~/it:f4f.rl it'\: ;::~c.cN. ••• ·1'7 • .ffil-:-~✓,~N'! ... S. R. c. ~.&../4-3/- .... D. S. R. C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summJ?.!l ·····-·······················································································-······························· - Lewis Falls f:S. ,/ ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------- ·- --------------------------------------------------------------------------------------------- - --------------------------------------------------------------------------------------------------- to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 o'clock, a. m., on the ~.Q~.b .. day of ..f.~"!?E~~EY ..........., 19....§J to testify and the truth to say in behalf of the Commonwealth -l>eret'e+he-61'8tltt-Jury, against··············••·•···················································--····························-··········· ....................................................................... Delaney ..Allen ..Black ........................................................................... . who stands charged with and indicted for a felony And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's mi~Hle&HOt.':- And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, theJ.'.?.~.~. of .........f.~"!?.~.l:1.~.~Y .................... , 19.f>J..., and in the of the Commonwealth. l~!.~~.year �·::, ·(1 ·s ·a •~~~-· • ·:i ·d ·s ••••{/.'w~facf• "N,:;~:"'.:iNI ·········~ •••• ~--~·01. IH.11/·A3H.l :10 Ad0'.) 3m:1.1 v ~Y , ,.;3,\n~ct ::!O A.LNn 1J 3Hl. t'-11 ,,a VVV!--'.'-"'t 11~uoc1 ti~ jl'~. --i::;~_n):i)O �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ~o~~•~;::~:;:,:;::di:g•u;;on ;;;;;7·······················································.·.·.··.·.·.·.·.·.·.·.·.·.•················ to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the --~.9._!:_~ day of _r~~E-~~tl County, at the Court House thereof, at 9:30 ____________ , 19-~~---,to testify and the truth to say in behalf of the Commonweal th before -the -6Tmrd-lttry, against ________________________________________________________ -------------------------------------------------- --------------------------------------------------------------------Delaney __Allen __Black ________________________________________________ _ who stands charged with and indicted for a felony-raistieme&HttP:And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the __JJJ_~of of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- ____ _¥.~)?.:r;_~_?.!'_Y ________________________ , 19__ §)_, and in the\_@]_~~--year �Execuied on the; './'./4dcy of-~- of Rock~ngham, Virginia, ;~~~~'~: ...... , 19~cf., in the County by celling at the usual place of abode, ....... . -~; ::~~;~ c:~~ln~ made, I left a tru2 c.~;J/ of ihe c',•ovc mer •io 1 .. :'. pe:f .ns c · . .- :·' ·· -~.. other, posted on the front door cf h...,..;.,.. L' , ._,1 ,_,,~.-., ::;;: , ,odr '4••·~-~-~.!~~'!f .•D•.R·M_ J( , A... ✓4. ~ . .. . .. -~ ...... . �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Mrs. W. R. Knighting JJ. ~ ·······························································•······ ..5........................................................................................................................ . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9:30 ?.~, to testify o'clock, a. m., on the?~.~~ .. day of ....~.~~E.~~~X ......... , 19.... and the truth to say in behalf of the Commonwealth -beiot-e-t~ 6t-and-.Jury, against .............................................................................................................. . Delaney Allen Black who stands charged with and indicted for a felony miBdetnetutoc-: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 .......... .f.~}?.~.~~~.Y.................. , 19.J~J, and in the .J?..?.~.J;lyear of the Commonwealth. ···························~~ Commonwealth's. Attorney ................ . �r01 • • • ••• •'· ·, fj'k ,· '/of P,/ .,; - ,_ r 1, >?'.;;i:~1G, .Ill/~ ......, 19¢:J., by cGUinJ u:- the usuo! ~:ce ...., cf~. in the County of a~~e, ......•• ~J.,1~.. and not finding hJ.~•-~ :-c, Oi' any orne-r person upon whom spfVice could be made, I le. t a tn.::.1c~.-'1/of I he cbove mentioned pop,3rs attached to eac~ other, posted on the front door of ~ usual place of abode . ......... ,\, B ; ·.1.,;.sT~I.\WftEaMA,'i ........... - -,A_,,-~~// ,d •• ~ .,••7.¾·.~ ~7- ........ . S. R. c:; . D.eputy Sheri fr �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon :L . .G1~r.~.I:l~.~ ...M.ll.I1.I1J:rig .....~.'. .....~. .................................................. .............................~~~.r..~,1~.]t()! ftd~· u j .. .................. ....::'~":".Y. .~. '.........~ . ..................................................................................................... . 9:00 to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., 011 the ~l:3.iaay of .. r~.P.I.'.ll.l:l.I'Y ·········...... the Defendant in the prosecution ............................................................ of the Commonwealth .D..~.1-.a.!1~., ... County, at the Court House thereof, at~ ' 19 f:>J,to testify and the truth to say in behalf of against ~.~.~.C.~ who stands charged with and indicted for a felony ~~oor. In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., at the Court House thereof, this, the . ~Qt.Qlay oL .......F..Ell:>f1.lJiJ7 . .......... , 19.....?} and in the .. .1-~7 ......year of the Commonwealth. 1 1!,. �E .ECUTEDP~\·l.~-~r 11I TH': COU 'TY 1GH, i [. '.. I .,... A R CKI COP OF TH': ' I, '--l't' .-ii ~✓-~- .... Ji.2.A.,J,Q_ .Rif _,. ..... .... ••~ a . 1: Jk~Jh_.__ ;:-:i j :if~ ••• : /j ___ • ...•...~.; �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon-------------------------------------------------------------------------------------------------------------------------- ____ g_~~-~~-~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 ~Q~_b__day of ___ x~~£~-~?;'_Y._________ , 19_§}__ , to testify and the truth to say in behalf of the Commonwealth -befflt'e--tk-e-6:rantl-.Jury,against ------------------------------------------------------------------------------------------------------------ _______________________________________________________________________ Delan_ey _Allen __Black ________________________________________________________________________ _ who stands charged with and indicted for a felony HH.sdeineaHOr. 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 ___!_~-~!:bf _____ J_~~-~~~~y _______________________ , 19 ___ ~}, and in the !~!'..~~-- year of the Commonwealth. L· ·---------~~--~-----~---------------------------------·~ Commonwealth's. Attorney �F~~,..~TFDi-:-/?-.{!.fN T~E COUNTY OF ROC' lt\JGH,\M BY DELIV~G A TRUE COPY OF THE WITHIN~~ TO.~~L IN PERSON. .. ~~ A. L. STRAWDERMAN • , • • • • • • . • . . . . . . . . . . . . . .... S. R. C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham y OU ace heceby commanded to summon County, Greeting: X·· ...,.............. .......... ... .......... ..ci.::rr~nq.~ ...ll~@~tl&. . ................ ........................................................... G...r.~J..q ...R9Y....................................................................................................... . 9:00 to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at~JJOC o'clock, a. m., on the. ,~El.1tJay oL ....Fe ...l~IU'Y. ................... , 19.Jd, the Defendant in the prosecution of the Commonwealth against to testify and the truth to say in behalf of ......................................................................................... . ...................................................................P.~:L_ El.!J: ...Y.. ..~~ ~~-~ ..................................................................................................... .. who stands charged with and indicted for a felony ~uK!.nor. In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the . 2.0.tbiay of the Commonwealth. 6.Jand of... ........r.'e.P.r.V.~.:r,Y ............... , 19..... County, Va., in the .. :1J7. .......year �II �COMMONWEALTH v. DELANEY BLACK INSTRUCTION NO. ft The Court to the grade resolve instructs of offense the jury that if you have a reasonable of which the prisoner that doubt in his favor, trate if you have reasonable first degree degree. or the second slaughter, degree and find him guilty doubt as to whether degree, If you have reasonable in the second resolve he is guilty doubt as to whether or manslaughter, that doubt in favor you should that you shall of the lower you should find him guilty and if you have a reasonable aU; you must may be guilty, doubt as grade; of murder of murder find him guilty of the accused in the in the second he is guilty doubt as to whether to illus- of man- he be guilty and acquit him. at ��COMMONWEALTH v. BLACK INSTRUCTION / The Court instructs is any wilful, by another deliberate the jury that and premeditated murder in the first killing degree of one human being with malice. Murder in the second degree human being by another with malice, is the wilful but without tentional human reasonable of one any deliberation premeditation. slaughter killing and ��COMMONWEALTH V. BLACK INSTRUCTIONL The Court constitute the crime The word "malice" a technical sense, but every unlawful ill will denote with instructs the jury that of murder may be either in the foregoing and includes motive. an evil flowing with indication of a heart bent on mischief; therefore and cruel and wrongful such circumstances plain deliberate persons, regardless malice act against another and revenge, but is intended intention, as to carry of social is implied is used in is not confined from any wicked and corrupt mind and purpose has been attended hatred It to or implied. of murder not only anger, and unjustifiable necessary express definitions to any one or more particular an action malice motive, to to done where the act in them the duty and deliberately by law from any wilful, however sudden. ��COMMONWEALTH V. BLACK INSTRUCTION _5 The Court Virginia is presumed to elevate proof instructs the offense the jury that the accused. unlawful homicide in law to be murder in the second degree. to murder in the first is on the Commonwealth; and in order manslaughter, every or to show a justification degree, to reduce or excuse, the burden the offense the burden in In order of to is upon ��COMMONWEALTH v. BLACK INSTRUCTION_i_ The Court deliberate intention prior the jury and premeditated to kill to the actual deliberation instructs should killing, exist killing; at the time of the killing it to constitute is not necessary for any particular it and premeditation that is only necessary length that given by the accused or at any time previously. a wilful, that the of time there was some to his purpose ��COMMONWEALTH v. DELANEY BLACK INSTRUCTION The Court instructs cent of the crime the accused accused has denied the Commonwealth prove I a reasonable you must of the indictment reasonable doubt. The accused if, after I the and has put upon of the crime on the Commonwealth, and, follows By his plea of "not guilty" element trial. to be inno- that this presumption every doubt of the accused accused of innocence but it is an essential give the defendant You are further must every is presumed charged does not shift but is under no requirement to considering the evidence you s guilt, you must give him the of such doubt and find him not guilty. you at pleasure guilty of proving his innocence, This presumption convict allegation as so imposed the entire and, of the trial. essential s guilt beyond or establish benefit stage the burden throughout entertain every every This burden, remains the jury that the accused with which he is charged, throughout and the accused NO. committed the crime than not guilty, be proved x/✓, form to be disregarded part of the law of the land, with which he is charged, if you feel that he is probably that there the conviction remains by and of such presumption. that while you may be suspicious but to warrant so clearly tent with the evidence and binding the full benefit instructed nor is it sufficient is not a mere this is not sufficient guilty or more of this accused, not one reasonable upon which he can be innocent. that the to likely his guilt theory consis- �:.., :... :.. ::_ �If a set of facts more reasonable to the innocence pointing or circumstances interpretations, of the accused, should be susceptible any one of which interpretations the jury must to his innocence. -2- accept to two or points that interpretation ��COMMONWEALTH v. DELANEY BLACK INSTRUCTION The Court instructs degree the evidence doubt, that the prisoner malice, and desperate a willful, other words, understood wickedness would probably in the first occasion degree. prove, beyond to the killing must doubt whether result her death, in have distinctly have also reflected or do her of which would be death. he had willed, or do her some by have been of the defendant; must to do; he must any reasonable of the deceased but such killing the defendant in the first that he would kill the deceased, the probable to kill the deceased murder act on the part and intended injury be a reasonable meditated of heart; of the killing and premeditated bodily and distinctly and premeditated what he willed serious if there clearly was not only incited at the time and deliberated some the jury that to constitute must deliberate, C NO. serious deliberated bodily And and pre- injury they ought not to find him guilty which of murder �....} . .&. �COMMONWEALTH v. BLACK INSTRUCTION_l_ The Court be convicted evidence reasonable charged right connected doubt with other instructs the defendant evidence from such circumstantial other have been proved evidence evidence, of the crime alleged upon circumstantial with that the jury against in this upon circumstantial coupled with other believe that the guilt doubt. beyond a the person so him in the indictment; case that they have the evidence evidence, or from such circumstantial believe beyond reasonable with crime may or upon circumstantial evidence, the jury evidence evidence, one charged alone, if from such circumstantial the court to convict connected the jury upon circumstantial is guilty therefore, instructs alone, if or the jury evidence of the defendant to ��COMMONWEALTH v. DELANEY BLACK INSTRUCTION The jury always be scanned guilty, unless are further with great in a fair the guilt of the accused believe from reasonable caution, doubt, and can never proved mind a moral all reasonable has been made then the accused should justify evidence doubt, be acquitted. of the jury essential out and established of and tend- conviction and unless circumstance must a verdict are of such a character that each and every of the accused 0 that circumstantial and unprejudiced beyond the evidence the conviction instructed the circumstances ency as to produce NO. beyond to a ��COMMONWEALTH v. BLACK INSTRUCTION 9 The Court instructs with a deadly weapon, the jury in the previous without any, or upon very slight wilful, deliberate accused the necessity and premeditated of proving that a mortal possession provocation, killing, extenuating wound given of the slayer, is, prima facie, and throws upon the circumstances. ��COMMONWEALTH V. BLACK INSTRUCTION/~ In considering burden of proving the Court founded the guilt instructs "reasonable" on reason, for the every imaginable, case, therefrom. you should A reasonable say that conceivable its or possible including The jury the natural cannot the jury should of evidence, from conflicting essential concerning to the proof immaterial If, evidence, after a rmsonable If, hand, sideration of all the evidence conviction of the truth reasonable doubt. the at the trial to create to be drawn doubt, nor of guilt. in mind that any doubt arising or from questionable of a material fact and not a mere doubt circumstances. of the guilt to meet its beyond of the charge, inferences of the accused in such a state Commonwealth has failed on the other bear and honest belief or possible guilty presented inferences be a doubt and non-essential a convinced of the proof testimony should of the guilt your minds are left from reaching imaginable go beyond such evidence fact, the word is a doubt which is and reasonable Furthermore, of any particular with to the evidence to find proof doubt doubt, doubt. upon the sufficiency consideration not overlook a man must be proved can you go beyond such evidence from lack beyond reasonable and is not to be confused law does not must limit of this that meaning. In passing jury or not the Commonwealth has met its of the accused the jury nor its doubt, whether consideration of doubt of all of the as to prevent of the accused, then you the burden. after an impartial in the case, of the charge, and reasonable con- you have an abiding you are then satisfied beyond all ��COMMONWEALTH v. BLACK INSTRUCTION/ / The Court is a question witnesses apparent the witnesses witnesses result of their which witnesses their or lack they if any, are more worthy of witnesses 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 any such testimony the credibility and from the appearance their if any appear, appearing that manner of testifying, testimony, to know whereof of the trial, the jury for the jury; intelligence to the parties, circumstances weight exclusively on the stand, and consistency their instructs of the of the witness other in the surrounding has the right to determine and what is the relative credit of accordingly. ��COMMONWEALTH v. DELANEY BLACK INSTRUCTION The Court the grade instructs of offense or the second degree, the jury that if you have a reasonable of which the prisoner that doubt in his favor, you have reasonable NO. may be guilty, and find him guilty doubt as to whether of the lower he is guilty you should find him guilty doubt as to that you shall resolve grade; to illustrate, if of murder in the first degree in the second degree. �- :::, _.,_, ,l. J �COMMONWEALTH v. DELANEY BLACK INSTRUCTION The Court instructs the jury that upon the trial by a jury the law contemplates a concurrence clusion of guilt before respect to the guilt of the accused, degree after a conviction of the crime. having with his fellow jurors, the guilt of the accused, jury entertain degree. discuss The jury are further the evidence with open minds and, convictions in a spirit to give careful if it can be done without upon a verdict. in the con- with respect member to the and after a reasonable con- doubt as to it as to the guilt or innocence simply because the rest of the or as to the that it is the duty of the jurors of fairness consideration sacrifice with of the jury, as to the guilt or innocence instructed case of the guilt of the accused, his own convictions of guilt, minds in this case, entertain or as to the degree or as to the degree different true if any individual should of a criminal Not only is this true but is likewise all the evidence sultation is his duty not to surrender of twelve can be had. Therefore, duly considered of the accused, NO. and candor with each other, to the views of conscientious of their convictions, to and fellows, agree �s �COMMONWEALTH v. BLACK INSTRUCTION / The Court consideration, testify in this instructs in any manner, case. c/ the jury that you cannot the that the defendant fact take into did not ��COMMONWEALTH v. BLACK INSTRUCTION/ The Court on trial instructs for an offense, purpose of provi:g that offers time when the offense called an alibi. further it, upon the defense instructs considered, doubt but by such evidence, create and leave as to the guilt defense evidence facie where and such defense that case and the accused is upon him to prove of the when the whole evidence in the minds of the jury of the accused. is in law where the nor by a preponderance as will, who is for the at the place the burden doubt, where a person the jury a prima of alibi, not beyond a reasonable evidence, in his was committed, Commonwealth has established relies that, he was not present at the The Court the jury {~ a reasonable is �,, �VIRGINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY COMMONWEALTH ) ) V BILL OF PARTICULARS ) ) DELANEYALLENBLACK) In compliance Circuit with the order of the Judge of the Court of Rockingham County entered case now pending 1. in said The commission 14, 1962, at approximately 2. Court, in the above captioned the Commonwealth says as follows: of the crime occurred 7 o'clock That the type of shells on September p.m.; used were .22 shorts. ~Commomreal.ttisAttorney I hereby particulars accused, was mailed FEB l 5 ~9G3 ATTORNEY R. SIPE AT LAW HARRISONBURG, VA. that a copy of the above bill to Donald D. Litten, on the 15th day of February, Filedin t JAMES certify 1963. Counsel of for the ��Comp. Form 18 l STATE OF VIRGINIA ~ OF Harrisonburg No._____ To-Wit: _ City TO ANY SHERIFF OR POLICE OFFICER: James R. Sipe, Whereas, Common1eal hs Attorney John G. Leake has this day made complaint and information on oath before me, --------------------- Justice of The Peace City of the said (Title) Delaney did on the __ ~_th__ kill day of~_____ and murder one Louise Common ealth Allen <Name) xloJ:InW, tha~--------------- Bl.ack Se~p_t_e_m_b_0_r _____ Vir,s.Lnia Black, ______ , 19~: ao:ainst Unlawfully __ R.ocki ngha-rn. in tlm:xatcl:: County a_n_d_::_:--e_l_o_n_i_o_u_s_l~y_ the r.ieace and dig ,ity of the of Virr;:i.nia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rocking'iam County Court of tl:rocKatd,County, the body (~ of the above accused, to answer the said complaint and to be furthP.r dealt with according to law. And you are also directed to summon: color Address ---------------□ color ____ Address --□ color ____ Address .o color Address ---□ color ____ Address ---------------□ as witnesses. Given under my hand and seal, this __ l_5_t_h __ day of_____ S_e_p_t_e°"ITD_e_r ______ ¥.~..~ ___, (Seal) �STATE OF VIRGINIA-COUNTY I, ________________ ~ to-wit: OF _________________ _ Judge of the County Court a Justice of the Peace in and for the County aforesaid, State of Virginia, do certify that and --------------------------~ to the Commonwealth ($,________ as his suret.-----, of Virginia ·' themselves indebted have this day each acknowledged in the sum of------------------·---------------~--- Dollars ), to be made and levied of their respective goods and chattels, be rendered, yet upon this condition: That the saiu....______________ lands, and tenements _ ----, Circuit County shall appear before the County, on the _________ of--------------~------- to the use of the Commonwealth day of ______________ to Court 19___ ~ , at -------• M., at ----------------,Virginia, and at any time or times to which the proceedings may be continued or further heard, and before any court thereafter having or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall not depart thence without the leave of said court, the said obligation to remain in full force and effect until the charge is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said --------------------shall keep the peace and be of good behavior for a period of ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ day of _______________ _ days ,19 ___ Judge. J. P. \ () 0 < c+ c:+ 1-:l 'i (D f-'•~~~ ~ U) ;. .., c::: (D (1) (jq (D 1-1) c.-::,- 0 ~ ~ - 0 ~ 11> o' . g_g. Of-'•l--' 0 0 ~ t,:j > ., ::s t"' U) §. ~ ;:, 'i 0 z I-' ::0 I-' :;ti (0 t71 (1) 'D 0 'i == s: IJ?::i,. ::,- c+ 0 "Ij 8., ::s () p., n z o· ::, (D ...,. 1-1) t::l ::0 (\) >I-' ti) >-3 ::s (D <-<:0 ~ ...,. ?;"' :;ti 3 5· f-'• f--' >- (1) >4 .., CO Hl !:cJ(l) ~ (1) C f-'• 17 ~o ..... (1) s::::s 'i c+ (,~ 0 ~ 1;;::, ::i 'i (D I-'• p 1-1) o' Ill !:l CD (1) 0 p. ::i f-'• p, ::i c.., I).) OQ "<l < n 'O <>o 'i f-'• Q p., t (1) ?>-3 :x: <t 0 n ::,- ,;;;- .., llO Cll s:: ::s ::s () 4 rr .. "<l ~ IJQ _n> ..... co ::t> (0 ::, Q. ~ 'Il 5· (1) (1) OQ. ::,- ;;i @. >-:I 0 @. 0 ~ 5· OQ 'Il (1) (1) 0 r:,, ::,... "' ~ p 0 !3 !3 0 p ~ (1) e. s- g if OQ (1) ~ 'Il ~ ----~ S€' ~ i;;; (;l ;. e. Q (1) ... :,,- tJ:I ~ >-:I ::!. e. ~ < p '< ... 0..... ~5· 't:I _F" f:' ~ 0.. ., 0.. .i g O<i (1) F' p ., ~ .,(1) ~ (1) ., 0 ., 5· 'O ~ g- 16 ., ... -- g o' ... 0 ~ 8 ... p (1) (1) i r '< ;! (1) r 8 r:,, ~ 0 0 f ::;· 5· .;i ~- OQ 8 g p ..,. ~- s a ~ ~... ... !;l - ... 0 ,... 'D '0 "' l ... "' (1) ,.., (1) ~ f:' p 9 ~ p .;· 11> 0.. ��p ~ UN SFP14 1962 _.........._ ~"""" I // ~,..,,;;..; - - ----+----'- --~~~~-~- -~ - ----~/)_~ 5;/t? 7 ~" 0.' /j_LA1 :£') • / f:/! ~ ~ .sj;I~ /:2- )-IJ ?l, I 7 P ~ /? /3 /3 t? /tJ' / a p/~ ~ fa ., -1-~~ ti I ~~- I :1:i . ' -~-+-:-------'""--'~ J c I /\fl l • 7 // //} _ I - If I/ / I&7 /~ /J.. , • ef- /J / 4✓ --- _ /tf /' __ --~ AL-4---µ~ 1 -r -----i: .._- I 3_t S t« _k; ~ ~ Lj ~ _ 1 , 6.,___ ~. --- I~~ / 3_o/~ _/ <j-t)~ ~~~ j_!f_l_~~~'-- -~ • -- I !.( __ 11·/# l j b~ -- -- _( 1 _ ---ti -- ~ I}._ • ). 1- - I ----,;- . • _/</,G. 1--f 1 - 11 ~ I -➔ ~:-l....:,....--t - ~ LL_t./l, ~~ J ~ ~3~_____,___ 7 A-:: - -;i_ - - -- I IU--~ -· ~Lvr~~~~-1 .,,._W=tJ-4 _} . -- =--II-~ '-- I - /5/ I -~~~ ~3 ~ ~9 lj -Fn~~~ r• •'-- , -:1 -t - -t- ~IJ~~ �--........... Rt, I Harri sartbutc .wnttss ---- liocking}waCga, c.., LJ~---------------- OFDEATB:lllprieaaO 53'1(111:iea, Unuaaal -pened Sudden in apparent : InstaoblaNwa1widlQut oln,ioua caU1e Unattfflded by a ph w· After uocxplained eoaa After •oed n111idh fatalil1nea Ulf-M.lft __ or Unnatural V ca nhnnlH Jl,o.u: ile ...,... Mft LUIUI ot Ha.r. OIIOIIIUOP • • IIAlM ~a. Q.01'HID • _______ IIID ...-r______ O PWtl.l: ..,a, _ __. __ te • • • - ... WCLOTta □ PM11.Youmm, a HNII bnmet IIOUn4 ~ , _,__ __ LACDIATION □ I20 WIICINT G n hot !JtlTNUllON: L.181 \ICALI' o rAC«a 0 a~ o Mt:« D Ml>OM°Hi,!!P' 0 Lal cold - PL) O fMCTUIII IDQTl4 HIAT: .... , COIITUIIOND ITM alJNIHOT Xl NCIIIIJ O WIClt lYDr Clllr~ITG. TffL. («IUUOI',-, !ION ,aT.._ IMS , FATAL WOUNDS: 7a:r'lt of hone of Ha hazn .. ss 0 oe•'""' b&Cj{ 2 ,'ot!m ...s I left I .1.11 le.,, t sid1;; of 1eck 2 _r, • lt. _ r left che t see . art (Cl1rd, 011e only DISPOSITION OF CASE: H • 'd r;.- l. ·, 'ot a me ical examiner cue O ~ om1c1 c 1,l 2 A ut op y autL• -"' 1a,nzi::u N·1tural O U11k.10wnO P ncli g O By· ~D .... r_,,_...Q'--.u...---L.&1.1.~~-~..-..Patho I hereb" declare that after rettiving notice of the death de,cribed hem I took char c of the body the cause of death in accord 'th S«tio 19.1-42, Ti 19 of he 1950 Cocl Vu contained herein regarding uch death i5 true and correct to t c b t of m~owledgc • Manner of death: Accl.<l"ilt O Probohu naue of death. Hemathorc 'i:i. h&.m ,.1ic 1 ~ill.lll due to •ur sl,o untls 9- + <::X ~ °""" Ml" smer · de O 1 iRnl-'dll •~o1 ... Chiit - _b.:t:; --,..t-...:w".,IL.-.!:_..111,"'2::~ ~- s· -·~,...._ __ -------- IEP2119R" a------r• AC PY TESTE: CIG - . l Med1ciii"iiam1'"n ..... er.-,-- - -~ 254t. l El ��d fl,, r7 a,,_~ ~ ~- r /4 j ~ /4{,, ~ ?71 ~~~~~~- ~ ~ ;?O ~~ <7 �-- �COMMONWEALTH v. BLACK CHARGE TO JURY If you find as charged malice in the indictment, aforethought, you will the accused, punishment at death, for any term not less If you find and that not wilful, and that and that find him guilty it or by confinement with malice aforethought, If you find and premeditated, malice voluntary penitentiary provocation, manslaughter actual find he killed or implied, combat, Louise him guilty you will of in the years. degree, nor Virginia upon sudden heat, Black on find him guilty at confinement than one nor more than five you will it was at confinement of murder in the first and fix his punishment him not guilty, but that nor more than twenty but that or in mutual for not less If you find five him not guilty aforethought, or in the indictment, then you will and fix his punishment of murder in the second degree, for life, years. the same was committed than with and fix his in the penitentiary as charged for not less of murder, and premeditated, degree of murder, deliberate guilty deliberate him guilty penitentiary reasonable was wilful, than twenty Black, the murder was committed of murder in the first murder in the second degree, without Delaney Allen in the years. say so and no more. of ��COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The Circuit Court of Rockingham County, The Grand Jurors December Term, 1962 of the Commonwealth of Virginia, and for the body of the County of Rockingham, Circuit Court of the said County, upon their now attending oaths Delaney Allen Black on the 14th day cf September, County of Rockingham, one Louise Virginia Virginia, Black, feloniously against in present the that 1962, in the did kill and murder the peace and dignity of the Commonwealth of Virginia. Upon the evidence of Joseph G. M. Wilcox and Deputy Sheriff open court and sent N. Mewshaw, Deputy Sheriff T. L. Martin, to the Grand Jury witnesses to give evidence. swom in �murder Attorney COMMONWEALTH v. BLACK James R. Sipe Commonwealth's �~ .OOT 1 20 .4 0 1 5 0 - .5 0 1 .0 0 4 .60 S 150 6 .1 O S 5 .2 0 T 1 1 .3 0 �\~ ( ,, �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ........... Dr.~···g·~···g·~····?':'_~~.?..'::~ ....-:...g!~.;.~~.~.~ ..~ ...Y.<?:.~ .... ································· --·- to appear before the Judge of the Circuit Court of Rockingham ......................... . County, at the Court House thereof, at 9 :30 o'clock, a. m., on the .~.Q~.h.day of f.~!?.I.~9:?;°.Y ............. , 19 ...9.J,to testify and the truth to say in behalf of the Commonwealth .•................................... .eeleiae-Qie--Gi'ft.ae-lH~ Delaney .. Al len -against .............................................................................................................. . ... B lack···········································••····•···············••····••··········•·····•·········••········ who stands charged with and indicted for a felony ffl.isfteIBeatl-ell.And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's burg, Virginia, at the Court House, the.JJ.t.h of the Commonwealth. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- of ..........f.~P..r.~~:t!'.:Y ..................., 19.6.3..., and in the J.8.1.tb.year ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon-------------------------------------------------------------------------------------------------------------------------·----------~!_-~---~-~---~-~---;~~~-~E---~---q~~!-~~~-~-~---y_~~---··----------------·---------------------·-·------··-·---------·-------------- to appear before the Judge of the Circuit Court of Rockingham --------------------· County, at the Court House thereof, at 9:30 o'clock, a. m., on the -~___ fJ~_day of ¥.~------~~;-_--------------, 19__ 9..J_, to testify and the truth to say in behalf of the Commonweal th trefm-e-t+te-<n-am+-:J nry;-"t'lgainst ________________________________________________________________________ --------___ ----------------------- Delan y Allen Blacl· 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, JAMES R. SIPE, Commonwealth's Attorney for Rockingham County and the City of Harrison- burg, Virginia, at the Court House, the_J~_; __ ._of _________ _f~_/?. ______ ~__ :y____________________ , 19_6_3__ , and in the of the Commonwealth. l -1_• year ��In the Name of the Commonwealth of Virginia: To the Sheriff You are hereby commanded of Rockingham County, Greeting: to summon----------------------------------------------------------------------------------------------------------------------------- Deputy Sheriff G. M. Wilcox --- ------ -------------------------------------------------------------------------------------···------------------------------------------------------------·-------------Deputy Sheriff T. L. Martin Joseph N. Mewshaw - % Starlite Motel, Route #1, Harrisonburg, to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth _!}~-~-day --------------------- Va. County, at the Court House thereof, at 9:30 of P.~~~-~~~E _____________ , 19 __~}-, to testify and the truth to say in behalf of the before the Grand Jury, against--------------------------------------------------------------------------------------------------------------- ________________________________________________________________ Delaney __ Allen __ Black ____________________________________________ _ who stands charged with ftJtd.indtcted-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}tb of the Commonwealth. IHisftent@atl6P. And have then and there this Writ. Attorney for Rockingham County and the City of Harrison- of __________ :p_~~-~.!!!!:?_~_-;: ___________________ , 19 __§.i __, and in the _gr?_~~ year �r U ·1 - A o«7:"~k-r.-*, I'~~~•••••••••••• ., • . ... -~ .. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ......... County, Greeting: J)!..•...9 • . Q-• '1:1El!}!l~I.' ..................................................................... . ·········•'········· ···················································•························•····•········•·················•··························•·························································· • • • • 0 • J•• o • • • • 0 • • • • • • o •••~••I•• o ••••••I•• o • • • • • • 0 • • • • • • • o • • • • 0 • • • • 0 • • • • 0 • • o • o • 0 • • o •I••!•••• 0 • • • • 0 ••••I•• I ............................................................................................................ to appear before the Judge of the Circuit 0 • • • • 0 • • • • o • • • • o • • o • 0 • • • • 0 • • • • o • • • • o • • • • 0 ••••••I•••• 0 • • o • • • • • o • • • o • • • • • o o • • • • o, • • • • o o • o o o I• o •, o, •, • • • • • o I, . Court of Rockingham ........ 1........... ... , 19.. o'clock, a. m., on th the Defendant in the prosecution 0 •I• of the Commonwealth County, at the Court House thereof, at 9 :30 , to testify and the truith 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, the 1 of the Commonwealth. ....day of ................... ~.~., ................ , 19....J, and in the.~· County, Va., .:1. .......... year �.... in my bailiwick By. •••••• ,~1~,-~.... '' not fr-und Sheriff . .-.-..,. R C. • ~ • • • • • . . • . • . . . . . Deputy Sheri ff . ---- 7r.J.-../.7...... :~:.. , 19 ~?.. a. .-.-~Deputy v �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: I You are hereby commanded to summon ..... .......O.t9qJ.l.. .. J~q.lr~,91'.l ... ........................................................................... . Isaac Eckard ................................................................................................................................................................................................. ·;;....;:::.il_'~ t l to appear before the Judge of the Circuit o'clock, a. m., on the Z.Qt~ay the Defendant oL ..... in the prosecution ......................................................... ..... Court of Rockingham . ...... .... ,,dC't~.r. at the Court House thereof, at 9 :30 .....'I'.... rY.a ........... .... , 19 63 , to testify and the tmth to say in behalf of of the Commonwealth l County, against ........................................................................................ .. Y .....l ...Q.k ........... ............................................................................................ .. who stands charged with and indicted for a felony llm.Dm In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the.13.thday of the Commonwealth. of ............ .. ...'b.r.v.a.. , ........, 19 . 63, and County, Va., in the ...187.t. ...year �'E/r:u~-;,,!S:-_~ R"''"' , I ' • • •••••• IN THE COUNTY OF ..... ~. " , ,rv'I B ( DELIVERI A TRUE c-~-p?.-JT" ,,.. '/~/f7H. -- "'~ :r· ' .. , ~z- .0, .. . ..,, • ,. r~..,_J - •• £••~-;-;--· A.·t:..· S. R. C. 8~ Executed on the 11 -.-., . D. S. R. c_ · . day of.~ .••••• , {r_, In of Rockingham, Virginia, by callin at the usual place of abode, •• :.-.:•:•~~;;; .e~-~- .....••.••••.....•.. , of.. ~·anctnm findir:ig h ~ there, or any other person upon whom s rvice could be made, I left a true cojJy of the abovfl mentioned _papers attached to each other. P.9-Sted9..!1!~ fron! door o ~ • µsual pla~ of obod~ ~_.,; ,., • • n::•. S•R. 0. puty Sheriff �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon ... ..J.?.~ to appear before the Judge of the Circuit o'clock, a. m., on the?9.~l:l.day County, Greeting: ~.~ll'lJ;)f3.()~.J9.~~Y. ..gli.t> ....90..•JL.~.d.. ............................... . Court of Rockingham of ....... :Ei'.8.9.:r;'ll.S...r.Y.., ............ , the Defendant in the prosecution of the Commonwealth County, at the Court House thereof, at 9 :30 1993 , to testify and the trnth to say in behalf of against ..................................................... p .~~..~. ~.Y..J3..l.~~ ~ ....................................................................................................... . who stands charged with and indicted for a felony In witness whereof I hereunto ~ set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., at the Court House thereof, this, the 12.th ..day of .........Fehr.uar.y,, ..........., 19..63, and in the.187th of the Commonwealth. ,---~··"'···· .~ ... ~..,,,, ....year ..CC'.'.. • Cle,k �~//_;l/i".f EkECUTEd1//..J/?.:f Ro,:;~ ~ f'.G0-M"""s\;, ••. I w, co.~ I 4 ....... ~y .•. DELI THE C UNTY OF G A TRUE ......... ,<ffe.~,;;;IC-C-Vbv -,·~. ✓ • • • • • • • S. R. C. 7_,,/;:;y !1 I THE COUNTY Of '.::LIVE ING A TRUE �... :.~~~. ~-............. By •• :/:.~.~ ....... . D... ,.. C ��r"' I/ place of abode, Execut~ F . t rue copy of th 1s~ . . -~ £r- ~ •.••••.. . , /~/~ • .,,.,.,. .,,, •••..••• Not finding ......... ~ ~- ?- :.,,/ . . by delivering ....................•••.. > __ ..,,.;;,¢., , ,o .............. in person, a\s :,-l a J. ... ~ ~,/ ,&._ . rv. .~ • • ••••••••• >t' •••••• ~~~ ~~~✓-~ .... ,theheingpurport a member of thereof usual piece of r.h d fa.o/. . his frimi ly above t 1- r-:;e of 16 years, u, ,d explaining to .____ • 0 . ot his usual �EXECUTED ?·:f-l_-!_ . IN THE COUNTY 0~ ROCKINGHAM BY DELIVEJING A TRUE COPY OF THE ~HIN~f~~-~ To!i'~ll:~ t' I - t1' IN dsoN. ---• ... . ............. .... ·! );}~Yi!j;}fl:~. .... S. R. C. ll ("o/- ... 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 .Jo.seph..Me:w.shaw J.c/o ..S.t.arlight .Mo.tell.; ........................... . Mr..s•....V.1.ola ...Funkhou.se.r ..; ...Gle.n ...Wi.lc.ox.,....De.p.ut.y.. She.ri.f.f.; ....T.......L •...M.ar.t.in., ...D.e:put.y....... '3her1.f.f.; ...A......L .....S.tr.awde.rman., ....S.he.r.1.f.f.;....G~.o.rg.e...R......P.r.i.c.e.,....De.p.uty ...She.r.1.f.f.;................ . ~a.~:r.f3.I?...A.~ ....~.P..~.~·~·~·r..~ ....P..~.P..1?-.~Y ...~.~f3.r..~.f..i'~ ....~~~.~.1?-.E1 ...r.t.~.~.~.l;?-.~.e.., ..... 9~~.~_t: ....<>.-f.. ..R<:>~.~.~.~.t .................... . ~.~ ....~.~ ....~~~.~.~..~ ...P.(,.P.~.t.Y. ...~.~~.r..1.tf..~ .... W..~.~~.1-.8:~ ...~~.&..e:.Y. ....(..c/<:> ...~.8..\.1~.1.11:s ....~8..r.'.~~.8:~~.) ..~ ....~.~ .......... . l?:r..~ ....g.•...<1..~ ....'.1'.~.f3.r. ...{C1.:r.?.~.~.?.~.~.,. ...Y.~. ~.)..;..................................................................... ·•.............................................. . to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9 :30 o'clock, a. m., on thgQ:t.r:i ..day oL .. . F.~.q.r:u.a.:r.Y.1 ................ , 19..€>3., to testify and the tmth to say in behalf of ' the Defendant in the prosecution of the Commonwealth against ......................................................................................... . ·····•···· ..····..··..····.................................. P.~.~.8:!.1~Y. ...!:3~.8:.~~ ................................................................................................................ .. who stands charged with and indicted for a felony In witness whereof I hereunto ~~X set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., at the Court House thereof, this, the ..71:;_ll .day oL ..............F~.P.r..µ.a.cy.,. ....., 199.3., and in the ...l~.J.'1;.11 ...year 4:__ --__~_~y ____________ --, Cleek of the Commonwealth_ =4 __ �rw:ruT~f)j-f.'zj ROC!(I 1r:,t,M .. I, THE COUNTY or BY ['C:U~ING A TRU CY'Y OF THE \.AIITI-.~~~ · · · · · Toz;f.h~ iN PERSON. . B · ............... . . A. L STRAWDERMAN .. S. R. C. . ... .. ' ········· ~ . . ~. &/x. .... ~• '%,_ r~q=r:uTr-o.1-:-f-{.( ••,. ,,··1G-, -tJM B( I \ f ••..1-..... , S. R. C. IN THE COUNTY or: L v-R G A: TRU F<;:-ur.--'.) J-.f-.~ l.. I'.! T !!: ,ou y ry: Re;:· INC..,,-/\,~ BY o;:. I 1 z::~i1. A TRUE COPY C; T {E WITHlf'J.,,,-j~;..,;:::; ef.v; TO ~&IN PERSQr. .' .--~.,·.;r----.z..-c. ....·A !-:~-~F½"YP.E.~ fyi~f. . . S. R. C. .. D. S. R. C. By-<.;!.,~.-.~!/~ 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 Delaney Allen Black Subject The topic of the resource Felony Murder Description An account of the resource Defendant charged with felony murder (note: autopsy report) Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1963 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_021_006 Black https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_007_commonwealth-v-delaney-allen-black.pdf 497c0645456efcdd165c43b274a6e259 PDF Text Text ............... ..-..., 7:7L 4 ~ I(. 2- ,2/-/;,3 STATE OF VIRGINIA, t COUNTYOF ROCKINGHAM,To-wit: I, George W. Kemper: Rockingham County, hereto copies are t Virginia, of the Clerk of the do hereby following Circuit certify papers Court that in the of attached case of COMM0~1WEALTH OF VIRGINIA VS. DELANEYALLEN BLACK, namely: of Arrest 1. Warrant 2. as the Clerk (2 pages) (2 pages) Indictment 1962 3. Order of December 21, 4. Order of December 27, 1962. 5. Order of February· 20, 1963 6. Order of February 21, 1963, same appe.......,arof record and on file in my office as aforesaid. Given under my hand and the at Harrisonburg, this 12th Rockingham day of January, seal County, • Court, Virginia, 1967. ---------------- I of said , Clerk. ��OF"F"ICE Of" THE ATTORNEY GENERAL RICHMONO January 11, 1967 Honorable George W. Kemper, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Re: Delaney Allen Black v. C. C. Peyton Pending in: Circuit Court of Rockingham County Dear Mr. Kemper: The captioned matter is now pending as shown above, and I anticipate that a writ of habeas corpus will be issued returnable to your Court within the near future. Name: Delaney Allen Black Date: February 21 1963 Offense: Murder {1st degree) Sentence: 30 years I would be grateful if you would forward to me two certified copies of the warrant, indictment, and all court orders pertaining to his conviction. If a presentence report was filed, I would like two certified copies of that also. Please return the enclosed copy of this letter along with the documents. Your co-operation in this matter is appreciated. �' I �UNCENSORED MAILEDTHIS DATE Circuit t;ol.l±t of }toci:i.nghc_7 vounty 1966 ~ OCT Harrison bu.re, v irr-ini,c1. 22gor 3. 1966 8ctober YA.STAT£ PENITENTIARY Dear Lr. Kenner· l mi in possosion ---------=o_,,,f~LJ=elaney of true C QU!.: O'l"der of court of Order of court U.QQQJ1ber a copy of the nreli..1enary 20 I0 6 of l<'ebruar, 2i .L I 0 • on the ]Xl.rt of your office nro- sentence hearing., and l t :um1Jd be great] y ap,).,,.eciatcd - -- of rcbrmry The'l"e may have been an over-sicbt ther for felony; t, of December ;~I, I96:2. l4) Copy o= order of court o~' 6 Co on an indictnent in the case 2 Par•es J Co_pyo..r order of o".' of the foll01·r.i.~ l '.~ nc.~es ) 0~ J.'Y'.'CSt (2) Indictment Co:riy . D copies Bln.ck vL.Yo,~ omrec.th of Virrrinia lI) darrs'.'.nt {5) and correct if and all orders could fonrard them reoort your office in not send.in~ ui thout fur- dcl2y. 'l'hanl;:ing :-au ; n advilnce for -,·our ldnd consiuerat.io11 and coo 2e ~ati on • remai .L Delaney Allen Black .. 8284I ~ Dear of the court .H.ichmond Virginia Sir: We have sent ~+ you all of the court . 23.2.L9 • orders. I\ There was no transcript of the result of this hearing was included in the cooies ______ T_h_e_r_e_w_a_s no pre-sentence request ~or one either There Court We 1 ') was and the incidents of the is shown on the copy sent you. report by your for your triaJ, attorney no transcript of the incidents therefore such is oat availabl@. or by the of the preJiminary bearing; of the warrant which and □ o record court. trial in Circuit I of a ., �\! �elaney • . .81.acK AFTERS 500 RICHMO DAYS RETURN SPRING ,D. TO STREET VIRGINIA 23219 �D. A. Black,8284.L I30 B �VIRGINIA: IN THE CIRCUIT COURI'OF ROCKINGHAM COUNTY. COMMONWEALTH OF VIRGINIA v. DELANEYBLACK COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM, To-wit: I, George W. Kemper, Clerk of the Circuit of Rockingham County, the copies attached the following Virginia, hereto are true certify and correct that copies in the case of Commonwealth of Virginia Delaney Black on an indictment 1. Warrant do hereby Court of arrest 2. Indictment (2 the of vs. for felony: (2 pages) pages 3. Copy of order of Court of December 21, 1962 4. Copy of order of Court of December 27, 1962 5. Copy of order of Court of February 20, 1963 6. Copy of order of Court of February 21, 1963 Given under my hand this 28tg day of September, 1966. , Clerk -c-i_r_c_u_i_t--c~o_u_r_t_o_f-,,e,R-o~ck.--i-ng-h~a-m-=co-u_n_t_y_, Virginia Lt,, 7 t11i, §:,Cl I �I T I 0 TIUD 0 ' I I l1I I T, :tl :t rl:t 0 j :t :t l:t-i 0 .i:go:> :to 'I'Io:> bn .1: l 'Il ,I t 'J d 'I tf ob 0 YmU 0.8 n , 0 in:t :) llol l :t n l l Qi' rr fJ ( . n l no ::t l j ri.i a .I ) l ae1 e 1 Cl :tq a ' !J t 1 ,l " d !J'Id. :t'ILJ o 'J 0 :t'IU 0 ·1 0 l:O b 0 qor, 0 :t 'lU CJ fn 0 rl '{Ci, °" brr r �Septembe~~~, Honorable Twent Hamilton fifth 1966 UNCENSORED HAas, Judge Judicial ILED THIS DATE Circuit SEP 26 1966 inia Harrisanbur George W. Kemper, Clerk Dear Mr. Kemper: I am respectfully you already a writ requesting know that some information the Supreme Court of Mandamus on the 15 day of June, Hamilton HAas, to furnish conviction, received me with copies any information Please is going 1966, from your Court advise to furnish Court with habeas as of Virginia, granted me the Honorable my Court records any records as to whether of my and I have not the Court intends to or not; me at your earliest the records my case, and ordered of all and as of now, I have not received comply with the Supreme Court order eral of Appeals concerning oppartunity and if not then as to whether I may proceed the Court into corpus. Very truly Delaney yours; Allen Baack # 82841 :" .,, ,; n:;.1,v1: ,,7i Ee /\'.l~N n11 • • /J , j,/;Rt;.ultt1 the Fed- �----- -- --- --- -- VIRGINIA DIVISION OF CORRECTIONS GENERAL INFORMATION FOR FAMILIES OF PRISONERS For the purpose of these regulations, the following are considered to be members of the immediate family: Parents, grandparents, sisters or brothers, wife, sons or daughters. MAIL: All incoming and outgoing mail is censored. Inmates are allowed to write one letter a week, postage being paid by the State. They may write to members of their immediate .fumily, or friends whose names have been approved. They may not write to other inmates, ex-inmates, or their families, or to persons they did not know before entering prison, without special permission. There is no limitation on incoming mail for inmates except that it must be held to a reasonable amount and length. Special letters will be permitted inmates to write for business or urgent reasons. Inmates who cannot write may get someone else to write for them. Communications to an inmate must be legible and show his name and the mailing address of the institution to which he is assigned. His number must be shown on the lower left hand corner of the envelope. Outgoing letters from an inmate must carry his number written inside the flap of the envelope. MONEY: Money sent to inmates must be by registered mail, money orders or certified personal check, and will be credited to the inmate's account. He may then order what he desires from the prison commissary or canteen up to the value of $20.00 a month. The institutions cannot be responsible for cash sent through the mail. Personal checks that are not certified must be cleared before being credited to the inmate's account. Cash may be left at an institution to be credited to an inmate's account, and a receipt will be given to whoever leaves such cash. This cash, however, will be accepted only from persons on the prisoner's approved visiting or mailing list. PACKAGES: Packages may be sent to prisoners through the mail, or left for them at the institution, by approved visitors or correspondents. NO ITEMS ARE PERMITTED THAT ARE NOT READILY CENSORED. Shown below are examples of items permitted and forbidden: Permitted Not Permitted Snapshots Photographs Pictures ( no frames) Candy Food (home cooked or bought) (See exceptions next column) Canned Goods Medicine Drugs Liquids Dried Fruits Fresh fruits except apples Radios or electrical devices Toothpaste Tubes of any sort Powders Stamps Gambling devices Cameras Film Weapons Tools Sugar Outer clothing other than shoes Tobacco or Tobacco products Wearing Apparel: Socks Shoes Underwear Handkerchiefs Pajamas Sweatshirts (White or light gray) (To be worn under shirts only) Cigarette lighters Books and magazines of approved types Double edge razor blades VISITS: Members of a prisoner's immediate family may visit him. for one hour, every two weeks, Jn Sundays. (At the Penitentiary, visits are also permitted Saturdays). Visits on holidays are also permitted, but are not counted in the two week restriction mentioned above. If there is an unusually large number of visitors, as at Christmas and Easter, the length of the visit may be shortened so all prisoners may have a visit. Visitors from a long distance away ( over 300 miles or out of state) may have extra time if possible, or may make advance arrangements for several special visits on consecutive days. In-laws, if accompanied by inmate's brother or sister, may also visit. No former inmates are permitted as visitors. No more than four visitors will be permitted at a time (not counting children). All visitors must be conventionally dressed; women in tight fitting slacks or in shorts will not be permitted. Special visits are allowed to attorneys, ministers and others by permission of the Superintendent. Inmates on punishment are not permitted visitors; and inmates in the Receiving Unit of the Penitentiary must have been in the institution thirty days before they can have a visitor. Prisoners in the Segregation Unit of the Penitentiary may have only one visit a month, on days other than Saturdays, Sundays or holidays. NOTE: Section 18.1-284 of the Code of Virginia provides penalties from a six-month jail sentence up to five years against persons who try to help a prisoner to escape; and Section 18.1-285 forbids any person to deliver or try to deliver any article of any nature whatsoever without first securing permission of the person in charge of the prisoner. Breaking this law constitutes a misdemeanor. �nl~ck # 82841 Delaney AFTER 5 DAYS 1500 SPRING RICHMOND, RETURN TO STREET VIRGINIA .. - - . - ... .._,,___, .,_____, 23219 ~ US.POSTAGE : • .,._.::]~..)2 '.i,,......... .,..<,I :::05 • ~ - Honorable Hamilton Hoas, Judge Twenty Fifth Judicial Circuit Harrisanburg, Virginia George • . Kemper, Clerk. • '( ��UNCENSORED( MAILED THtS DATE I A-ll'-liY /}LLF/V lJLJJc.f( VEJ.. July Mr.George Clerk 'fl.Kemper Of Circuit 31,1966 U. STATE PENITENTIARY Cou:tt Rockingham County Harrisonburg,Virginia. Dear Sir: On the 15th day of June,1966,the entered an order of Appeals directed of qockingham my case on a Petition Writ of Mandamus which the Supreme Court to the Honorable County,to furnish of Virginia, Hamilton Haas,Judge me with copies of all of the Circuit the records Court pertaing to in the month of February,1963. Since this order Court has not,as of what action isn't for Supreme Court of Appeals going of now furnished to furnish will proceed asking for an order advice the records to file for and a reasonable the records,so the Court is taking then_I Please was entered concerning in response time has elapsed,the will this you please matter,so a Writ of Habeas Corpus in the Federal for my release. me at your earliest convenience. Delaney Yours; Allen Black,82841 500 Spring Street qichmond,Virginia,23219 AIIG~ 1966 me if the Court to the Supreme Court's Very Truly Filedin the Clerk'sOffice Rockingham County,Va. advise order, Court �.. VIRGINIA DIVISION OF CORRECTIONS GENERAL INFORMATION FOR FAMILIES OF PRISONERS For the purpose of these regulations, the following are considered to be members of the immediate family: Parents, grandparents, sisters or brothers, wife, sons or daughters. MAIL: All incoming and outgoing mail is censored. Inmates are allowed to write one letter a week, postage being paid by the State. They may write to members of their immediate Ramily, or friends whose names have been approved. They may not write to other inmates, ex-inmates, or their families, or to persons they did not know before entering prison, without special permission. There is no limitation on incoming mail for inmates except that it must be held to a reasonable amount and length. Special letters will 1£ permitted inmates to write for business or urgent reasons. Inmates who cannot write may get someone else to write for them. Communications to an inmate must be legible and show his name and the mailing address of the institution to which he is assigned. His number must be shown on the lower left hand corner of the envelope. Outgoing letters from an inmate must carry his number written inside the flap of the envelope. MONEY: Money sent to inmates must be by registered mail, money orders or certified personal check, -and will be credited to the inmate's account. He may then order what he desires from the prison commissary or canteen up to the value of $20.00 a month. The institutions cannot be responsible for cash sent through the mail. Personal checks that are not certified must be cleared before being credited to the inmate's account. Cash may be left at an institution to be credited to an inmate's account, and a receipt will be given to whoever leaves such cash. This cash, however, will be accepted only from persons on the prisoner's approved visiting or mailing list. PACKAGES: Packages may be sent to prisoners through the mail, or left for them at the institution, by approved visitors or correspondents. NO ITEMS ARE PERMITTED THAT ARE NOT READILY CENSORED. Shown below are examples of items permitted and forbidden: Permitted Snapshots Photographs Pictures ( no frames) Candy Food (home cooked or bought) (See exceptions next column) Wearing Apparel: Socks Shoes Underwear Handkerchiefs Pajamas Sweatshirts (White or light gray) (To be worn under shirts only) Cigarette lighters Books and magazines of approved types Double edge razor blades Not Pe ..mitted Canned Goods Medicine Drugs Liquids Dried Fruits Fresh fruits except apples Radios or electrical devices Toothpaste Tubes of any sort Powders Stamps Gambling devices Cameras Film Weapons Tools Sugar Outer clothing other than shoes Tobacco or Tobacco products VISITS: Members of a prisoner's immediate family may visit him. for one hour, every two weeks, on Sundays. (At the Penitentiary, visits are also permitted Saturdays). Visits on holidays are also permitted, but are not counted in the two week restriction mentioned above. If there is an unusually large number of visitors, as at Christmas and Easter, the length of the visit may be shortened so all prisoners may have a visit. Visitors from a long distance away ( over 300 miles or out of state) may have extra time if possible, or may make advance arrangements for several special visits on consecutive days. In-laws, if accompanied by inmate's brother or sister, may also visit. No former inmates are permitted as visitors. No more than four visitors will be permitted at a time (not counting children). All visitors must be conventionally dressed; women in tight fitting slacks or in shorts will not be permitted. Special visits are allowed to attorneys, ministers and others by permission of the Superintendent. Inmates on punishment are not permitted visitors; ar,d inmates in the Receiving Unit of the Penitentiary must have been in the institution thirty days before they can have a visitor. Prisoners in the Segregation Unit of the Penitentiary may have only one visit a month, on days other than Saturdays, Sundays or holidays. NOTE: Section 18.1-284 of the Code of Virginia provides penalties from a six-month jail sentence up to five years against persons who try to help a prisoner to escape; and Section 18.1-285 forbids any person to deliver or try to deliver any article of any nature whatsoever without first securing permission of the person in charge of the prisoner. Breaking this law constitutes a misdemeanor. �uelaney AnER 500 A.Black,82841 IS DAYS SPRING RICHMOND, RETURN TO STREET VIRGINIA 23219 Mr.George .1/.Ke,n.per VP..· Clerk of Circuit Cour Rockingham County Harrisonburg,Virginia �i. '1. •• �;;pE-L JJ-NG- Y ft t. J..EAl BJ.. 11el( June 8, 1966 Cle k of Circuit Rockin Court ham Count Harrisonbur~ Vir~inia Dear Sir: I have contacted Mr. Donald D. Litten, Harrisonburg,Virginia, concerning attorney the transcript of my trial the Circuit Court of Rockingham Gounty in January has advised me that the ~lerk s office the tapes of the transcript of the ~ircuit Court, at law, and that at in 1963, and he are on file in I could obtain same from the court. I have mailed reference would like of my trial Enclosed several to the records to once again transcript is the letter letters and affidavits of my case, request which will which that without to you with any success, you furnish me with a copy be very much appericated I received so 1 by me; from Mr. Litten. Very truly yours: Delaney Allen Black# 500 Spring Street Richrnond,Virginia 82841 �VIRGINIA DIVISION OF CORRECTIONS GENERAL INFORMATION FOR FAMILIES OF PRISONERS For the purpose of these regulations, the following are considered to be members of the immediate family: Parents, grandparents, sisters or brothers, wife, sons or daughters. MAIL: All incoming and outgoing mail is censored. Inmates are allowed to write one letter a week, postage being paid by the State. They may write to members of their immediate family, or friends whose names have been approved. They may not write to other inmates, ex-inmates, or their families, or to persons they did not know before entering prison, without special permission. There is no limitation on incoming mail for inmates except that it must be held to a reasonable amount and length. Special letters will be permitted inmates to write for business or urgent reasons. Inmates who cannot write may get someone else to write for them. Communications to an inmate must be iegible and show his name and the mailing address of the institution to which he is assigned. His number must be shown on the lower left hand corner of the envelope. Outgoing letters from an inmate must carry his number written inside the flap of the envelope. MONEY: Money sent to inmates must be by registered mail, money orders or certified personal check, and will be credited to the inmate's account. He may then order what he desires from the prison commissary or canteen up to the value of $20.00 a month. The institutions cannot be responsible for cash sent through the mail. Personal checks that are not certified must be cleared before being credited to the inmate's account. Cash may be left at an institution to be credited to an inmate's account, and a receipt will be given to whoever leaves such cash. This cash, however, will be accepted only from persons on the prisoner's approved visiting or mailing list. PACKAGES: Packages may be sent to prisoners through the mail, or left for them at the institution, by approved visitors or correspondents. NO ITEMS ARE PERMITTED THAT ARE NOT READILY CENSORED. Shown below are examples of items permitted and forbidden: Permitted Not Snapshots Photographs Pictures ( no frames) Candy Food (home cooked or bought) (See exceptions next column) Canned Goods Medicine Drugs Liquids Dried Fruits Fresh fruits except apples Radios or electrical devices Toothpaste Tubes of any sort Powders Stamps Gambling devices Cameras Film Weapons Tools Sugar Outer clothing other than shoes Tobacco or Tobacco products Wearing Apparel: Socks Shoes Underwear Handkerchiefs Pajamas Sweatshirts (White or light gray) (To be worn under shirts only) Cigarette lighters Books and magazines of approved types Double edge razor blades Permitted VISITS: Members of a pris_oner's immediate family may visit him. for one hour, every two weeks, on Sundays. ( At the Penitentiary, visits are also permitted Saturdays). Visits on holidays are also permitted, but are not counted in the two week restriction mentioned above. If there is an unusually large number of visitors, as at Christmas and Easter, the length of the visit may be shortened so all prisoners may have a visit. Visitors from a long distance away ( over 300 miles or out of state) may have extra time if possible, or may make advance arrangements for several special visits on consecutive days. In-laws, if accompanied by inmate's brother or sister, may also visit. No former inmates are permitted as visitors. No more than four visitors will be permitted at a time (not counting children). All visitors must be conventionally dressed; women in tight fitting slacks or in shorts will not be permitted. Special visits are allowed to attorneys, ministers and others by permission of the Superintendent. Inmates on punishment are not permitted visitors; and inmates in the Receiving Unit of the Penitentiary must have been in the institution thirty days before they can have a visitor. Prisoners in the Segregation Unit of the Penitentiary may have only one visit a month, on days other than Saturdays, Sundays or holidays. NOTE: Section 18.1-284 of the Code of Virginia provides penalties from a six-month jail sentence up to five years against persons who try to help a prisoner to escape; and Section 18.1-285 forbids any person to deliver or try to deliver any article of any nature whatsoever without first securing permission of the person in charge of the prisoner. Breaking this law constitutes a misdemeanor. �~&#~j ~u,cul ~ff ~ 1tr(a/ Pl.~~ !ffmwldg .!l't1e111 ~1'1M/I FIRST tf!.A~,~ NATIONAL June Mr. Delaney Allen Black# 500 Spring Street Richmond, Virginia 23219 Dear ,,ctnd !littf3?V BANK ,!,!JJ(lf BUILDING !Ue/zkw-VJ//-JJol 3, 1966 82841 Delaney: In reply to your letter of May 31st I have no records in my file which would be of any help to you other than those which you could obtain from the Clerk of the Circuit Court Your trial was recorded by means of a mechanical recorder and the belts or tapes of the trial should be in the custody of the Clerk. With best wishes, I am Cordially, Donald D. Litten dwb/3262 J If---- �' ~ J \ �Delaney AFTER 500 Allen S DAYS RETURN SPRING RICHMOND, Black TO STREET VIRGINIA 23219 To: Clerk's Office Circuit court Rockingham Co Virginia ��VI GINIA: IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY,July Re: Delaney Allen Black. Upon the written a penitentiary pauperis, supply this respecting ebruary, is now confined, valid court, his and said to prosecute, of habeas of copies previous of certain such petition i failed accordingly denied A COP'l. --------------- ; records , Clerk. of on the 21st for which he to state by rule 1965. ATTESTE: and for the nor any specific as required Black, in forma corpus conviction Black having so requested, such application day of July, cost, of Delaney Allen 1963, of the crime of murder, ground to support for the records for leave for a writ to him, without day of application prisoner, a petition court 20, 1965. this any nee of this 20th �• I l ,.>b 1 II .rsa n II .e.1: :tu:> a.a 'IO .i: :::,'-"'l 'IO b i: 'J ::to '!l.1!11 ... ' .rl ns • rl n d.t "·o ' l n ' .i: bl db .i:rl:t .,la ' 0 'Ion no.i: ·.l:J' II If> t ' .J :! 11 () l. " 'Iq T tJ l 1.i: :1: lUI n l q :t.i:'l J '"I n !).i:llo rl:tO~ :, 'IO!> 1 :t lri:t lo 'j no nol: :t~.i:vno:> tfj "II u /JO UOOTI 'iIO O'l ' rl:t 0 Q}l d:t l 111 f! •j rl..)!18 . t t • Iul :i 'I' ,... b �r I �i • ~;-:-a- -r -----{---- - ~- t--- b· p==f=-=: I • -T-~ - ; +== - ~ t- 4 j= -. ! L 1 r ; �Delaney Allen Black 500 Spring Street Richmond,Virginia Honorable Hamilton Haas,Judge Circuit Court of Rockingham County Harrisonburg,Virginia, 22801 82841 �______________________________________ __, ______ ,________________________ _,,,_Ill, �VIRGIUA: In.Tbe Circuit Court of Rockingham Commonv,eal th of Virginia. • ( ro: vs. Delaney Allen of Poverty Cornes again Defendant Virgir.ia, which with Delaney 1. 2. the the The grounds court: to- it: Conviction 5. Delaney v1ill rule rules of this the lack, submits Court,the Circuit herein,does '.neans ava ilab on insufficient evidence respect accordingly by the v,rit of habeas information: 1an:es herein states court,tbereby and furnist Subscribed and s,;orn aforesaid,ar:d given i'.y commission expires corpus County; the records conviction said are of that requested in this conviction. needed in the and dates for proper the manner. etc. he has now complied he prays Respectfully City of Richmond State of Virginia ockingharn that: to support such records Black,defendant and in ways or means of his are needed: r:ight of proceeding. such for to this t again, certify of law. a petition subn,itted of due process of givin[; t'.llen Court of this of the ~tate af'fidavi down without records request or any other the validity Convicted in this his rules haas,Judge. rules hereby e estate the Hamilton court upon to attack purpose the Allen with with and legal relied For the with in corLpliance records of subu:.itting Delar.ey Haas. of the purpose • Defendant Hrunilton of poverty Black,d9fer.dant was handed In what an affidavit rules llen cost Count. CERTIFIED. from the Honorable was in compliance He han no fjnincal securing Degree.l Request: BlacJ,,and instructions Your Defendant, compliance egal Judge: llen submitted Court and Presiding Delaney Court,upon honorable First 0 To The Honorable honorable ~urder .Plaintiff • Black. ffidavit An County that this in the Honorable first Court Affidavit. submitted l to-wit: to before me a 1,otary under i£z.y h nd and seal ~ '2- /4 Publi~ this '7 ~afyor 'd/f1.a tf~nd Sta te 19 650 0 ~ / ~ ~~ 1 ~ ,: 1 _ j �. ,. . , �to-wit: 2 ·+y of' :Uchmord In Tre Circuit 1 : Court Of Rockingham arrisonburgVir('l'i• • q County a int ;._ff' Co'!w·or.weal th of' Virfinia ( re: - vs ~ea ney Al en ulBC' n Aff'idav~ t Cf :'overty ~o The Hororable ~his appeared is tefore tl-:at. hp f'ar+ tba because re DIA Precess h::.:" w • thout he ria ,copies The reques Def,,.,dant ·ors 1111..cis, paver trial these ~s enti+lPd 17-J0.l.and ~ day spnr,Hr. Sta :1~ t 1bscribed o•ff rf' he presPrted of U.A records eing pauper,an tl-P cost this rf cour eral,whi rat : and e rorsidering r,.;s court w'll 1 ar'"an to ris case to to f...:.r ~s' of' .. ::.s case, (d) ( b) the a .. arrat·ve ir this Sate ent Court. he to t e request \-A prcper .,..ule under Corstitutions,and \-,:_s case,an<l perta·r.inc fw 1 ds,a G63,ir iJn:.'..ed C:tatPs for a cc ..u·t. v1r.der ~:·rginia Code,suo;,il p•er.t ~nd z..72 c.s. v. Calif'ornia, 10-'s, t'.1e "irc(r.ia '!10 ally he Code of Virgir.ia,and is "':a<le pursuant to cc,pies cf prays 1--e Arrssti!._; Cr er party,oerso to defray with011+ colla 4- . 83,of c. an Crders records and swor1 to b13f'ore of Vir[inja,and being vf ( P-) 7-30.2. at s wi ho1t Le -::ood faitr,he ·!'1 the ,.,o.,.. and nou.;-las accr-l ..nt hat in February y,and ona fide, of' any otl:er for '351 J.S. Cn t ,:s State (c) he .... ndersigred he Ci y and Sta+.e aforesaid,a"l an<l says eel conies case, ulack, and for n f'cr w ::.t of' 1--sl-ieas ccrp~s,+o pe itic!' or .. is 4 4- 80 and SPc ion certif' t of '1is • equest: Allen to his Cla"SP. of' hr-t,}. cos Defe ·~ r..t 1-·e a"'ou ,t of mo. ey YJ.ecessary of' tis hP- co,,,P.s i"l accor,Hn 6 to SAction of Fqblic, oA~t Records,relative h1>re ere Ind'ctme T)ealnev o procure Degree Jud_e. to la't",deooses :-:at .1e is unable 0 that me,a :,otary du y 9worn accordinz certai~ and Legal r siding o certify ..~urder,F'irst Cne Count 8.. r 0 sai ~•ahey 353. Ulen Placl<-,Pas ~tB+e P nitertiary,Ric 0 otary Public,in fiVe'.""' 1r er rr:1 baT'd ard seal MyCommission ExpiresApril101 1966 an<l for on tr.is >-e •-• d' /.7d-- Tcnd,Virt:inla. the pvf City of Z:ich".n.:,nd, day of' fk-4 er---f RAYMONDL. CHEVRETTE �l' �VIRGIUA: In. T e Circuit Court of Rockingham Commonv1ealth of Virginia. ( ro: Allen of Poverty Comes again Defendant Virginia, which witr· the Delaney 1. rules llen 2. the cost The grounds court: to-wit: Conviction 3. For the purpose the will rule rules court submits bis Circuit Court hereby the validity of his evidence writ of habeas information: by the and furnish corpus tames herein court, Subscribed given '1y commission expires County; ways or neans of conviction said are states that thereby he prays the records requested conviction. needed in the and dates in this for proper the manner. etc. he has now complied that this in the Honorable first Court Affidavit. submitted to-wit: and sv,orn to before aforesaid,ard ockingham that: to support such records Black,defendant and in proceeding. are needed: rjght .::itatc of t again, certify or any other Respectfully City of Richmond State of Virginia of such for of' this to this of the af'fidavi of law. a petition rules request rules due process records the Hamil ton haas,Judge. down without sub1r.itted accordingly in this on insufficient of giving Allen the e estate availab upon to attack of subiritting with and legal herein,does relied purpose with ~eans with Ccurt,the records In what respect in coipliance 3lack, of the was handed Delaney of U,is Black,dofe~dant Convicted CERTIFIED. of poverty was in compliance he has no fjnincal securing an affidavit Allen • Defendant 0 from tc.e Honorable Delaney "ount. Hamil ton Haas. Black,and instructions Your Defendar.t, compliance De~ree.l Request: Judge: llen submitted Court nnd Legal Presiding Delaney Court,upon Honorable First • To The Honorable honorable ~urder Black. ~fidavit An .Plaintiff • vs. Delaney County rr e a 1.otary under m/2n~ -2 '2- and seal /4 Public, this '7 in and for ~ay thel/~,o.nd. of~ - ~ ,/ ~~~ ft '~ E>tate 1965, �•' �ea .,..,P AFTER 9 DAYS RETURN TO 500 SPRING STREET RICHMOND 19, VIRGINIA -, • 23.219 05 : f '~ -----· 10 ':' A 1.0"' rar 1 p • rAs~-:!::~,,. Jud:::;e Ci ,..cni t Cour cf .,ock • .. ~ham Co mty Iiar 4 sort>,.,.r: ·:::.r:=i"'l:'..a #82841 ��J ~-~-:wt? ~/-:£~, .fru-- ~~ ,ry~ud!-C-,-« t ~ �VIRGINIA GENERAL STATE INFORMATION PENITENTIARY FOR FAMILIES OF PRISONERS MAIL Inmates are allowed to write only one letter each week, postage being paid by the State. They may write to members of their families or friends whom they knew before coming to prison. They cannot correspond with prisoners in other institutions, or relatives of other prisoners at the Virginia State Penitentiary, or persons they have never met, except lawyers and religious advisors. They are not allowed to have stamps, which should not be sent to the institution. Permission is granted for special letters for business or urgent reasons. Letters are written for inmates who cannot write. All communications to inmates should be addressed to 500 Spring Street, Richmond, Virginia WITH THE INMATE'S NUMBER ON THE LOWER LEFT CORNER OF THE ENVELOPE. Name and address of sender should also be on the envelope. The institution cannot be responsible for cash sent to prisoners through the mail. Money should be sent in by Post Office Money Order, Registered Letter, Express Money Order or Certified Personal Check. All money sent to an inmate is credited to his account and he may order whatever he desires from the prison commissary at regular intervals, not to exceed the value of $20.00 per month. All out going and incoming mail is censored. PACKAGES Inmates may receive snapshots and photographs without frames, candy, home cooked food. Wearing apparel is also permitted, such as sweaters ( must be solid color brown, not two-toned), socks, shoes, underwear, handkerchiefs, and pajamas. No other clothing is allowed. No canned goods, toothpaste or shaving cream, talcum powder, or any articles consisting of powders or in tubes, are permitted; no medicine, drugs, or liquids; no dried fruits and no fresh ones except apples ; and no packages of any kind that cannot be readily censored. No tobacco in any form. Quantities of items permitted should be held down to a reasonable amount. Watches, musical instruments, and portable typewriters are allowed by special permission, but must be registered on arrival and may not be transferred from one inmate to another. VISITS Members of the inmate's immediate family may visit him twice monthly. Visits must be two weeks apart and between the hours of 9 :00 a.m. and 11 :30 a.m. and from 12 :30 p.m. to 4 :00 p.m., Sundays and Holidays only. Inmates may be seen for business reasons any date provided advance permission has been obtained from the authorities. No inmate may receive a visit from anyone until he has spent 30 days in the institution. NOTE: On and after March 14, 1959, visits will also be permitted on Saturdays. Sarne hours ~s Sundays and Holidays will apply. �~:;-.~~»'~~ • 'soo RICHMOND: SPRING STREET VIRGINIA, 23219 �~ / �.&tll,l<,fl-•Ir ~~ ~~(11) ;P ..7 _...,.. __ _§ di __ _ I" .tt7 ...__ �( ESTABLISHED 1859 JI. lil'. ~~IL..IL.,eo. LYNCHBURG, VA �September Mr. Delaney Allen Black 500 Spring Street Richmond 19, Vir inia 25, 1963 82841 Dear Sir: Your affidavit certain records of poverty h a been received to be furnis d you. wbich lists No transcript of the testimony was made and toore was no report filed by the Pro ation Officer. There seem to be no waivers by you, and we would therefore not be able to furn sh you with any of these items. If you wish copies of the other 1 terns mentioned in your affidavit these can be furnished you at a cost of 10.00. We have had no court order compellin the furnishing of these copies without cost to you, and I therefore do not feel that the cl rk is under obli ation under present oircumstances to do this. Yours Gore GWK:m.b v ry truly, w. Kemper, Clerk �mo:tq lI .ra n .[LA ., e1a1 Brr on lI ol b vl on d 'l d " OII e>e'I n ed . o b .d ~1'! ◄ J1 'I..J1 'io lvs 1"" "!'. ·oY • b'! " ".! rdeJ"' o ~ "1 b . o l 'I 41 orl;t bl'1o • am :tl d:to • o d 6 e:r ➔ 'I1 • , uo~ bede a~u j db .l"! l d e-xe uoy r'l o eelao ed ru.~ ee n1IIe, JO 'lebrr ;trr.uoo ori b d ev brt - ,c ~ o:t ::teo o ti.;-o"'"' •. lja~ !do 'le' rw ct ''1 . o ,. l J;t cb Ow dm:~ .1J �-COJ1,10NW.sALTH OF VIRGIHIA ) To-Wit: CITY Oi t'J:CIMONE ) VIRGINIA: IN THE CIRCUIT COURTOF .lICKI,~Gtlil.d COl11 ITY 1 .......... c01,r;:cr:ri !&A.LTH O• VIRGINL1. . . . vs. - ... o • • • • • • • • • • • • • • • • • DEFBIJDil.t:T A F •' I D A V I T ally said, before and first without unahle court records the Section a Notary the necessary court, an appeal copy of c0py of A copy of ,.f, copy of A CQJJY of A copy of A copy ol !'. certified A A J. J..6. 'f 7. y...R. to law, these to the Suprene prays records undersigned that to defray records Court this case person- and ~tate afore- and says that, and that, and order in his deposes party, being the he is without expense funds, of certain are needed by him to enof .ApJeals Court will th.at this of Virginie.. rule court which was before There according supply this to him with- court in of 196 2. 1;,. 4. ~- the in and for the City funds that of the Code of Virginia the below listed 1. 2. Public, affiant~petitioner the fir st quarter Black, of his incarceration; held by this said P OVE R T Y duly sworn according to procure 14-180 out costs ne, OF Delaney Allen because him to perfect fore, that beine collateral he is able to certify apoeared . PLAINTIFF Murder DilJ,NEY ALL 'N BLACK This is .. the arrestin[ warrant; the present~cnt to the Grand Jury; the order appointing attorney; the Order of Trial and findini;s of the Jury; the Order of Judgment imposing sentence; all waivers signed by the defendant; the f-lro1·iations Officer 1 s report; copy oi the Record of Testimony. llespectfully requested, ~el:!::/:;· D~ 500 3cr ing Street Richmond 19, Virbinia Comr1onwealth of Virginia) City or' Richmond ) ss The said Si.l111 Delaney Allen of ,$ J2of'Z on his Sworn to and subscribed 0 Black, has on this spending before account., day, State me, the Notary September t'enitentj_ary, Public, dateo c~ITl!!'lission exnires _IL_,191'.iJ, the MyCommission ExpiresApril10, 1968; • .Ri hmond, Va. named bl]low on this �i' �CO·MO.N I LTH Ol VIRCINii. ) CITY O' VI IN CHMONE o- it: ) : I co TH o' I V • COUNTY vr 1J..O.y Ii' .. ... . .• • • • • • .... turd • • • • • • • • • • • • • • • • • • • • • ij II I l AF 'I DAVIT --------- T ·s i d b f said, th t Oelan y All n Blao , the Wldersigned to certify ally d irst OF V • T Y -------- e e, Notary being duly .e is ble ~o ro~ur t co corda hvld ble him to oerfect f~re, h action out cost said his incarc then this affi Co the below list that ; o ir{P.ni. d r co in defray t >ons of fore- e is ds, e 'vain are ne~ded by him to enof 1eals of ti t this i zj_ nia. rule acco:i:di his CoUlt will a • orde nd t·te th t, b -ing wit out f ourt er :Jrays th t City ers n- , de o,cn and scy• th t, e recor 1 to the Su::,re etiti 14-180 of t tio cessary fWld t court, n app ·ng to 1 aocor iOrn o forte . arty, court T ere to s p ly him With .. s ca.., which was be rue this court in tho f.::.rst qll£irt r of 19 2. copy oft • s o coy of the p A copy o' the o J. I LJ.• l copy of the Or .... ; 2(j .,. A • 1. 8. y copy o Or wa C o... actfully , , Pr , ury; m :ny. request d, . _ /J 0 ~ ~~itio Com:10 w alth of Vir J. 1. Ci :y o ' Richmond ) ) The • llen Black, ha on this day, Se tomber sumo Sworn to and subs ribed before , the •ot ry Public, dat • , -or:nission oxpil -------------- 8 er MyCommission ExpiresApril 10, 196~ --Y, , 1963, the nar·-d b ,low on t us • �I : .[ .... ( I I . . . . .. . . . . . . . . . . . . " .. I ·1 ( 11 IV ' i; II 'I . .. . .. . . . . . . . .. . . . . . . . . II Ii v I I l J 1 I I :II ,.t j .rl I' ,I 'l I II .J ~ ' L 11 ·1 0 I· .J"I l !) l nl 11 'IC • l j '1 u '• I .l !1 II 0 • • • • I I I I •I I • • t ... 0 C • I I Ir �Delaney ,. •. • Black rl 8 c/ J ij / Cirelli t Court of ttockinrrh-<>mCounty Harrisonburg, vir 6inia �� 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 Delaney Allen Black 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 1963 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_021_007 Black https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_021_014_commonwealth-v-david-thomas.pdf 7a57839bd7c493365da4ebffadcbba4b PDF Text Text COUNTY COURT Criminal NC?48561 Docket Commonwealth V. Appearance Date ?- ;2 0 - 0 ~JS Trial Date 9'- / '/ - f:, Y Y A ��-- .- W e. ,=-,,._, -P C0-J--l-,~1 ANi:> The 2 --- ---- - - ... .:Z:N d1G y E Jt'.lK 6 [) AV , O (_ ,Lo,., ihh1/d1:V1 {e ynp~ 1~ ,q,S +-h (]. • l~ t2Dy ,::-,eye_ r-\ •VD Pe ,v , ;- , + y, eJV 0 i,- 14-.S (!,),;4~'(00 J-lI cS .J-,14-1'1 pu1i14£m 1 + ,- -+ e~ w~~. ~~ ·1- cieEIVlfr>J + 0 N L ti w !="llt.. lvJ �I I l I r �I - - -----...::-- - - -- Davj.d_ Thomas ��COMMONWEALTH VS. A(~ (!) nJ t~, DESCRIPTION OF PRISONER Last known address Color~~~~ Date of Trial __ _¾~0...c.__,_7_ Height S- ~~L..=:>,£d~~"""-"~---b'"P=~__L_M_:..s~~~~~~~,~¾'.:.......:'.~~, 1 2 ¼,_ Eyes~. Ha1r.v--(...,C...L.~/--- 22.---=----=~""-"""--.....__,/"---"tJ<=----r,-+-/-49'-'&..,.__~-F----------------7 7- Res u 1t --------------------------------- _ We1ght.~,A-~:.,L--"-'v'---- ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded ---------------------------------------------------------- County, Greeting: to .summon ----------------------------------------------------------------------------------------------------------------------- Roy----------Fry_e - Route 2 Elkton -------------------------------1--------------------~------------ Virginia --------------------------------------- --------------------- __-------------------------------------------------0 ff ice r __H_.___ B_.___ Myers ___________ .------------------------------------------------------------------------ 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 19-:t;:_b __day of __ Q~_~_QQ_~_r ______________ , 19_9_4__, to testify and the truth to say in behalf of the Commonwealth before the Grand Jury, against--------------------------------------------------------------------------------------------------------------- ---------------------------------------------------David __Thomas _____________________________________________________________ _ who stands charged with ~libftelt:XHJKa felony misdelUeXDIK'. 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 ___ _8_t.b__ of ___________ Qc_to_b_e.r_____________________ , 196.4. __, and in the 18_9_th_ year of the Commonwealth. ~~~~.=-. Commonwealth's. ~~~Attorney --·-------------------·--·- �1:~i:C TED ,/.t1:-:/!.t(':/1N THf COUNTY rn= K j(t<\NGHM\ BY DELI ERi G A TR\J • . . . S. R. C. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon &7 U.... ~l'.l.C?................... ..:S.~.rl:J~.ITlil.1 ..!3. 13c.lc3.(_Ft_~#.?-.~ . .:E.~~~·()·Il' ...Y.~.• .. St.anl.e:y ..Thama.s ....(.46.7...Ke.lle.y ...St .•.•...Har.r.i.s.onbur.g., ....V.a.•..)..; .................................................................... . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the l.0.t.l;kiay of .............. N9Y~.J:l'.l.P.~.:r., ...... the Defendant in the prosecution of the Commonwealth David County, at the Court House thereof, , 19.64, against to testify and the tmth at 9 :30 to say in behalf of ........................................................................................ . Thomas who stands charged with and indicted for a felony ~ In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., at the Court House thereof, this, the ..?l:lq ..day of .......N9.Y~~P.~.r., ..................., 19 ..9.4,and in the ..J.8-9:t~ ...year of the Commonwealth. �EXESUTED,,1:'-:P.F.'-'.'/.. . IN THE COG •• I R Ki GHM\ ~y DELl~E~ NG A T IJE COPY OF tHE ,/ C TO....O.◄•• .. I, ~ERS . ~ ...... ITHl;~ef~ ,,# ft../.-: • • ?~ ••••• A. T, WDEF:\1A.-.J ••••••. . . . . . . . . . . . . . . By ./. ~ ...././4 .J-H.: d ....... . •• •••••••• J S. R. C - .. ·-.·.•.• .• ~- S. r. c. Not f;nd;ng ....... ~- ~- place of abode, Execute ./ .. //-:- .. . . ................. jffe:-:o~pcL .••.. ot h;s usual ,?.--:. ~- ·u:c:uol r'-~'.:e of o'ood~ -~ .... , b!:'ing o m-2i,, ~r of his for ily above the cge Gf i 5 ye,:.r:;, c::.d 0 xplaini~g th:: pu:-:~or~ '.°.:::reof to her. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ....................................................... ~obert ...Blakey······• ................................................................................................... . 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.9J.b day of ......NQY.~.Q:}Q~.~·······• 199.4... , to testify and the truth to say in behalf of the Commonwealth ~m».k~xk:mm.:itmy, against .............................................................................................................. . ...................................................... David ..Thomas ............................................................................................................... . who stands charged with and indicted for a felony qi;_iltwmt<»-'Ut' 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 ........~.?.:'..~~~.~.t ..................... , 19..§~., and in the of the Commonwealth. J.?.~~.b year ��I In the Name of the Commonwealth of Virginia: I To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . ..................................................... Roy ...Frye ...- ...c_/o ...B.~akey .. Farm, ...near ..McGaheY.~Y.~~J~.,...Y.~.~ ........... ..·········4~ .................... ~.~E~.~.~ ...~.?~E.~ ...~ ...?-~~....~.?.... ~.~½:~.?~.J ....~E...'?:l.C?. ...~~·~·;·~···g!:1.~E~.Y .............. . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the ~Q~.b .. day County, at the Court House thereof, at 9:30 of .~~.~.~!'!l.~.~t........... , 19.§.4.., to testify and the truth to say in behalf of the Commonwealth ~~&KatidXJUtY, David against .............................................................................................................. . Thomas who stands charged with and indicted for a felony l».4.maneutoc. 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 ...JI~L of .....Nml.e.mb.e.r ........................ , 19..6.4.,and in the ..189.tb year of the Commonwealth. �EXECUTE!#' -.f-✓.f .. IN THE'COUNTY OF ROCKINGHNA BY DELIVE ING A TRUil COPY OF THE WITHIN. .'?L{lrz.:~ .. &i--il~.., ...., ....,.. TO IN f> A. {l' (/ . . . . . -~-... !~~~9~.~-~~ ... $. R.C. By .er...:du-n--1/.v.,.. . .·R~ rv:_. EXECUTED~ .•f.""¥,f:IN THE COUNTY Of! ROCKINGHNA BY DELIVERING A TRUE COPY OF THE WITHIN -~Kk-7 TO /.J~---t... ·IN !"~ON. • • • • • • By ..... ~~- • •• • 'JTRAWDE~ M/lr ... 7' • •••••••••••••••••• '?.',:.7✓.f~:z:<.:. 1~. ........ . 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 H.B. Myers - --- --- --- - - -- --- - -- - --- -- ----- - --- - --- --- -- - --- -- -- . -- - --- - - . - ---- ---- - -- -- -- -- ---- -- ----- - --- . - .. - -- -- . - - -- . - - - - . - -- -- -- - - - - . - - - - - --- . --- - -- - . -- . Elon Rhodes - 366................ Effin°er St. 0 ................. ······•·······················••································································· to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth .~9.;~.day - - --- -- -- . -. --- --- - . -- --- - - -- ---- - •---- --- -- -- Harrisonbur , ...............................••. Va. , ..•••••••••••••••••••••••• County, at the Court House thereof, at H:30 of ..~~.Y~.~.~~E........... , 19..§.~.,to testify and the truth to say in behalf of the nomc:the:xfmmibdm~ against .............................................................................................................. . ..................................................... David ..Thomas.......................................................................................................... . who stands charged with and indicted for a felony ~ox. 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 .... of .........~.Y.~~.~.~:'; ....................... , 19.~~..., and in the of the Commonwealth. t~9.f.~. year �'lN,HE ~C;q.1:JNTY OF S. R. C. C, ••.... R. D.S. R. C. T s. D. S. R. C. ..... ~~- BY DELIVERll:>lG 'A TRUE £XECUT~-:-~-?y .. • ROCKINGi-➔AM l"O 'I t)(~CUT c:~r / ~-~ 7 IN r ••-.. -k'j~!G AM RV /"rice, I I r-.\__, ·.._' " TO~~ WDEK -~';;P P.?_,,_... ~. • • • • • • • • • L./ B~ �In the Name of the Commonwealth of Virginia: Page To the Sheriff of ~~lf~-K County, Greeting: You are hereby commanded to summon ---------------------···---------·----··········----··--------------------------·-----·-·-----··----·--··----·---·-·----··• ·--·-·----·------------··-·--··------·----------····-~~-~-~9_~ ___ ~_~~~-~Y.----:-._-~ll!~Y-~.--Y.~.~g~_~_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 ___ !.2.~-~day of ··---~-~~~-~!?-~E ________ , 19..~-~-, to testify and the truth to say in behalf of the Commonwealth :la.fi11mcthex6mmm~ against ---------------------------------------·-··--------------------------------··-------------------------··--- David Thomas who stands charged with and indicted for a felony misdJmixOOX!Jt. 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)_~g ____ of ····---··N".QY:~!}}9_~-~--------------·-----, 19_6A___ , and in the of the Commonwealth. ··-··-----~---~k_ ____...--- 1-89._tb._ year ______________________________ _ Commonwealth's. Attorney �F PAGE, VA. lk'~~l99)t'.JT_'i SHE.Rlf.13 �.0 0 T ,166 .96 .llO 6 5 7 7 .12 .0 0 .5 2 .5 2 6 26 6 .68 5 .5 6 5 .98 7 .5 2 6 .2 6 5 .0 0 7 .5 2 7 .5 2 6 .5 4 6 5 l+ 7 52 5 .7 O 6 .8 2 5 .0 0 5 .0 0 lLtO.SL~T ��Comp. Form 18-150M-2-l-63 I STATE OF VIRGINIA H~·-·risonburg City TO ANY SHERIFF OR POLICE OFFICER: J--r es 'It. Sipe Whereas, ~ OF No. _____ To-Wit: John G. leeke has this day made complaint and information on oath before me, -------------------City Justice of rhe Feace of the said ~. that _______________ _ (Name) _ (Title) David Thoras _______________________________________ did on the_4~t_h___ end :r.aliciously with the the corrit ;n+ent, peace day of____ an ess~ult him the and dignity J_ul~y'----------, 19~: upon Roy Frye, sEdd Roy Frye, of the in the said to r.·airre, Corrronwe~lth Unlawfully __ City ~ e_n_d_f_e_l_o_n_i_o_u_s~ly~ ci..tting hi..."11 with a knife, dis"'b- e, ~·1sfirure or kill, pgainst to-wit: b· of Virginia These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham County Court of ~ County, the body (IJo:dicI) of the above accused, to answer the said complaint and to be further dealt with accordifig 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 __ 4'-t_h __ .day of___ ~~---,-r+-ul--"-y------=---, ~j_~ t~ Issuing Officer) JUSTICE OF TP"E -E CE (Seal) �,.., .,_. V V r., STATE OF VIRGINIA-CCTU.N'DY I. ____________________ , • - Qf , ·• r• ( , .l=-."\ r• __________________ : .e a _ to-wit: Jiiage::Of ::me'Couvty ·O:>Urr in and for the S::£~"!r(aforesaid, Justice of the Peace • - State of Virginia, do certify that Pi,~nces ·011-- and __________ , •-----~•-------------, to the Commonwealth as his suret-~'•---, of Virginia in the sum of .J have this day each acknowledged .JD-- --- -- ------ • ), to be made and levied of their respective goods and chattels, land5, and tenements be rendered, yet upon this condition: That the said __ D~--'--~r~•~---"~"'~--------, of ____ ,_~_c_:_-_i_'_"_'_·_,__;_, ______________ County, on the ____ - --- _.;:._-Dollars to the use of the Commonwealth shall appear before the ,,_0_t_•_-, ___ themselves indebted day of ____ :::ti~~pit County -"~--~--------, to Court 19 ,,-~~, at 2 ...., M., at r', , r ' 'r• ,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 r. 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. ,days ..;_,, Given under my hand, this _______ _ m X () "Ij ~ n, o II) s· n, (") s. n, en o (1) 'D c+ c.. I--'· < (l) (1) ~ (1) ~ g.~ t-i p.. (1) I-' t-i '-0 ~~ •[ p.. c+ ... ::i- n, • ~ I--'· (/) I-' g:~ p.. ~ 0 H;, (") ::r- .., p, oq ·"' .... ::t> ::, c.. .,0.. 8 '< 0 'O n, .,::, ~ O"" n, - §"' n, 0 S- n, ~ n, g: g Q 0. "' .., Sl ~ 5· g. (IQ r �Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the ,Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth of Virginia to summon ________ Roy Frye EL-~toJv R.ourE _ {t;.).., to appear before The County Court of said County, sitting at Harrisonburg, Virginia, m said County, on 1 4th day of September 1~..!±__, at the hour of 2: P • M. f that day to give evidence in behalf of_ __,C....,.,..__w.... ____________________________ m the pending case of ___ v. __,C="-'--.,._._ _____________________________ David Thomas Given under my hand this,__ 2_2_n_d ____ d~y C:~---.....,..~------ _ _c,_ �The County Court LL UJ 0:) 0 ~~ C'. C'. <./) l/) z<( :) Docket No. Com1 th ci ol'J 48561 Uz UJ- Io::~: IUJ ~g ~ ~ I , •·fu t:~ ·~ ' ~<( OI UJl,9 t-z :)- u~ WU 0 WU::: t~ :• > r . p ( V. ( Witness Subpoena ( • : w'h· ... I I- LL 0 >Cl.. u 0 David Thomas :z. ~ To: ·UJ 2: Po Mo ·GL. Oz I-_ 9-Jl--64 >, a.) �Witness Subpoena Commonw.ealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth Williams - Greenwood - Elkton, Va • Harrisonburg,. Va.. Rossie Burge,ss of Virginia to summon ___ Elon Rbqdes - Sterlin~ __ _....1~4=th....__day of September to give evidence in behalf of_____ - 366 Effinger Street to appear before The County Court of said County, sitting at Harrisonburg, T~o-m-m.......,y,.,__ __ _ Street - Harrisonburg, Virginia, Va. m said County, on , 19_6_4_, at the hour of__ ~2..... •..... D~D.,___.P_, ...,M...._, _____ ,of that day D_a_v_1_· d_T_h_o_m__;a_s"------------------------- m the pending case of -------------------------------------- 1 Commonwealth V. David Thomas Given under my hand this 2,0:..Z Clerk Asst. Clerk �I . 0 z ..... ~0 S. R. (t .:: ro <I) p.. 0 .c, ::l U) (fJ (fJ .:: <I) .-:: '-''-''-' :s > .M:,~ Ul 0 ctl :> •r-i ~ 'O ..c 0 s ctl not found ~~ D.S. R. ~) ..... fX!:CUTfr:)~;:---!f.-F f1N .THECOUNTY 0 BY DELIVE~NG A TRUE ..... ~I " <I) u ..!.: 0 ~ I. ..c +'. cd (l) ~ ......... "0CKINCH.A.M TO IN f')ERS0N. 'in my bailiwick ~ ....... ~ ..... ... ::l 0 u >-. ..... .:: ::l . 0 u - <I) ..c: f-; s s 0 u h _ ... S. R. C'.· Deputy Sheri ff S. R. C. ........... EXECUTED'.7-/CJ-• ....... I . . IN THE COUNTY OF ROCK1NGHAM BY DELIVERJNG A TRUE COPY OF THE WIT w~ .... . . . . . . D. S. R. C. �COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The Circuit Court of Rockingham County, The Grand Jurors October of the Commonwealth of Virginia, and for the body of the County of Rockingham, Circuit Court of the said County, David Thomas, on or about of Harrisonburg, Virginia, weapon or instrument, did then and there him, the said Roy Frye, against with a knife evidence. oaths present that 1964, in the City or similar and feloniously ·the dangerous and maliciously and wound one Roy Frye with the intent then and there the peace and dignity Upon the evidence witnesses upon their in now attending the 4th day of July, unlawfully cut, Term, 1964 sworn in open court to maim, disfigure or kill, of the Commonwealth of Virginia. of Roy Frye and Officer and sent H.B. Myers, to the Grand Jury to give �¥ ,o f.a. INDICTMENT Attorney COMMONWEALTH V. DAVIDTHOMAS James R. Sipe Commonwealth's �COMMONWEALTH V. THOMAS INSTRUCTION The Court in this the case, four injury; if warranted following (2) battery; instructs (4) is committed iously and maliciously causes thereby Unlawful bodily maliciously, or kill under by the evidence, to-wit: the indictment you may find (1) Malicious wounding or injury; further injury other. that (3) one of wounding or Assault and 1ot guilty. You are intending the jury verdicts; Unlawful I instructed when one person bodily to maim, disfigure, wounding is committed injury to another intending thereby done to another malicious unlawfully, wounds or causes either such other. that Assault in an angry, wilfully, injury disable or kill and wilfully, to maim, disfigure, and battezyis rude or insolent any physical manner. felon- to another, when one person unlawfully either wounding or such wounds or but not disable injury ��COMMONWEALTH V. THOMAS INSTRUCTION---The Court or "malicious", instructs as used in the crime used in a technical includes sense not only anger, and unjustifiable with an evil as carry social wrongful It is not confined It from any wicked bent length at the time of the wounding The Court another with a deadly to the contrary, weapon, tells to ill the malicious It to to denote done such circumstances regardless Malice just of means a cause have existed come into or excuse. for any existence or at any time previous. the jury the law, is unlawful will motive, of a heart may first or injury, further imputes with on harm. should of time and it but every is intended without malice cutting, or implied. and corrupt attended done intentionally, that but indication and deliberately is not necessary particular persons, in them the plain act of malicious and revenge, mind and purpose, duty the word "malice" hatred motive. flowing that and may be expressed any one or more particular an action the jury that where one wounds in the absence intent. of evidence ��COMMONWEALTH v. DA VI D THOMAS INSTRUCTION The Court from the evidence with a dangerous evidence being the accused, mere the jury that although in this case and deadly and struck that the accused weapon, that he, the accused, assaulted actuated instructs acted by Frye and that the accused, by antecedent malice, NO. cut the victim yet if you also believe from sudden and others in wounding then you cannot fact alone that the wounding you may believe passion without Frye from brought the about by fault on the part the said Frye presume was done with a deadly of was not malice weapon. from the ��COMMONWEALTH v. DAVID THOMAS INSTRUCTION The Court instructs in this case that the accused, assaulted by Roy Frye reasonably persons appear life or do him some and impending, to stand injuries. manifestly bodily then the accused his ground, or adversaries David Thomas, and other great repel --- the jury that if you believe to the accused in the crowd NO. force persons without with such violence harm, and were as to make it or any other endeavoring and that the danger was not bound to retreat, with fo•rce the evidence fault on his part was at the time that Roy Frye intended from to take his was imminent but had the right and if need he kill his adversary to save his own life or prevent his receiving great bodily �' ' .L �COMMONWEALTH v. THOMAS INSTRUCTION The Court proved of self-defense, upon the prisoner; the right reasonable but only reasonable exercise the burden of self-defense doubt, doubt as to whether as that can rely purpose weight the jury a or not such all of the consider for the Commonwealth further tells there in the attending the jury that or the circumstances circumstances as to afford for believing indicative existing, the defendant, there to do him some serious of carrying thus such design the prisoner attack. or of a present The act so must have been of such a on the part harm, and that into peril David Thomas, reasonable was a design bodily before must be some present by Roy Frye to make the apprehended character not beyond of the evidence, whether that upon in the lawful should in the case, rests relying in the minds of the jury And, in determining upon self-defense something such defense such defense, or not he acted upon for the accused. The Court danger of raising is relies upon an accused nor even by the greater and circumstances as well of proving is to establish to the extent where an assault and the prisoner resting has been established, evidence that weapon, the burden of such right. defense grounds the jury by the use of a deadly the plea done, instructs immediate there of Roy Frye existed:imminent execution. ��COMMONWEALTH v. DAVID THOMAS INSTRUCTION The Court cases, instructs the accused's in his favor beyond a reasonable If, therefore, witnesses on the prosecution doubt, --- the jury that in this case, plea of not guilty and places NO. raises a presumption the burden and not on the accused upon a consideration and the circumstances minds of the jury a reasonable should find him not guilty. as in all criminal shown in evidence, of proving to prove of the whole case, of innocence his guilt himself the testimony there exists doubt as to the guilt of the accused, innocent. of the in the they �L. j_ �COMMONWEALTH V. L THOMAS INSTRUCTION In considering its burden doubt, of proving the Court which is imaginable instructs sible doubt, guilty beyond reasonable you should not overlook doubt is a and is not to be confused with A reasonable for the law does not beyond every imaginable, say that a man conceivable or pos- doubt. In passing charge, sented able that meaning. on reason, or possible the Commonwealth has met of the accused the jury nor its founded must be proved or not the guilt the work "reasonable" doubt whether the jury upon the must limit at the trial inferences of this to create inferences from lack questionable material consideration case, of the to the evidence including the natural The jury pre- and reason- cannot nor can you go beyond the jury of evidence, proof fact doubt, of the proof go beyond such evidence of guilt. Furthermore, arising its to be drawn therefrom. such evidence to find sufficiency should and not a mere doubt in mind that any doubt testimony or from from conflicting of any particular essential bear fact, to the proof concerning should be a doubt of the guilt immaterial of a of the accused and nonessential cir- cumstances. If, after ot the evidence, to prevent then If, conviction your minds are you trom reaching the accused, consideration a reasonable and honest left consideration in such a state a convinced belief the Commonwealth has railed on the other or all tne evidence or the truth beyond a11 reasonable hand, after ot tne cnarge, doubt. you are ot doubt of the guilt to meet its an impartial in tne case, of all as or burden. and reasonable you have an abiding tnen satistied ��COMMONWEALTH v. THOMAS INSTRUCTION The Court witnesses instructs is a question appearance exclusively of the witnesses on the testifying, the reasonableness mony, their apparent ligence or lack the jury candor speak, the parties, any, the interest circumstances appearing determine the relative accordingly. appear, which witnesses weight the jury; stand, their manner of of their their the relationship on the trial, intel- of the witnesses of the witnesses other the jury are more worthyof of any such testimony testi- apparent of the witness and from all of and from the the opportunity they ifaiy for and fairness, to know whereof of the trial, the credibility and consistency of intelligence, if that to in the result surrounding has the right credit to and what is and to give credit ��COMMONWEALTH: v. DAVID THOMAS INSTRUCTION The Court accused to be innocent indictment doubt, until he is proven and to the exclusion throughout having heard of every case, all of the evidence essential their to prove duty to give the accused guilty. Mere however greater suspicion strong, wright indictment, doubt. the charge of innocence at every in the case, made against the benefit such evidence consistant goes with the accused stage thereof, and if, the jury have a reasonable or as to any fact it is of the doubt and find him not to convict, of the guilt of the accused, nor is it sufficient of the evidence amounts in the him in the indictment, or the probability or preponderance the all reasonable hypothesis upon the whole case, is not sufficient unless as charged beyond reasonable and applies doubt of the guilt of the accused guilty by evidence This presumption the entire 9 the jury tm t the law presumes by the Commonwealth, with his innocence. after instructs NO. supports to proof beyond if the the charge every in the reasonable �' l i .1. .I, �COMMONWEALTH v. DAVID THOMAS INSTRUCTION The Court case is a mere of itself, himself instructs accusation any evidence to be influenced of the indictment against of the defendant's in this case. / U the jury that the indictment or charge against NO. the defendant, guilt; the defendant, in this and no juror because and is not should permit or on account �L �COMMONWEALTH v. DAVID THOMAS INSTRUCTION The Court David Thomas, of malicious in the indictment, a reasonable kill Roy Frye. instructs the burden f NO. the jury that in order stabbing or unlawful to convict stabbing, is upon the Commonwealth doubt that the accused intended I to maim, the accused, as set forth to prove disfigure, beyond disable or ��COMMONWEALTH v. DAVID THOMAS INSTRUCTION The jury is further doubt as to the grade of the offense it is your duty to resolve lesser offense. guilty of malicious As an example, wounding wounding. guilty of unlawful wounding of assault of assault and battery. and battery, ~ that if you have a reasonable of which the accused the doubt to his benefit guilty of unlawful guilty instructed NO. / may be guilty, and find him guilty of the if you have a doubt as to whether or unlawful wounding, you should find him If you have a doubt as to whether or assault and battery, you should If you have a doubt as to whether you should he is find him not guilty. he is find him he is guilty ��COMMONWEALTH v. DAVID THOMAS INSTRUCTION The Court case by a jury, the conclusion true after of guilt before after a conviction of the crime. having consultation with his fellow it is his duty not to surrender or as to the degree the jury entertain as to the degree. no place for pride differen other, and with open minds convictions, and, agree :i; convictions of- opinion to discuss fellows, of guilt, The jury are further jurors their or as to the degree simply because the rest of or that the jury room is but that it is the duty of the of fairness to give careful if it can be done without upon a verdict. of the guilt of the accused, as to the guilt or innocence instructed in a spirit and a reasonable as to the guilt or innocence or obstinacy, the evidence member in this case, entertain his own convictions in true with if any individual all the evidence should minds Not only is this but is likewise Therefore, jurors, of a criminal of twelve can be had. duly considered doubt as to the guilt of the accused, of the accused, a concurrence to the guilt of the accused, to the degree of the jury, the jury that upon the trial the law contemplates with respect respect instructs No./) and candor consideration sacrifice with each to the views of conscientious of �'I (, '1 I 'I ... I J. .i: I ) J 1 C t ' ,. r ' l l �COMMONWEALTH V. THOMAS CHARGETO JURY If you find maliciously intent cutting the accused, and wounding Roy Frye, to maim, disfigure, indictment, you will twenty disable for a period guilty a knife, of unlawful charged, find or, charged twelve both three years nor cutting or of not less but a knife, punishment than find him as therein by confinement in one year nor more by confinement months and by a fine not exceeding in jail five dollars. but find find in the indictment, or by a fine such fine him guilty him guilty ment by confinement months, his in your discretion, If you do not aforesaid, by confinement in the indictment, say so and fix than hundred than with in the of maliciously and wounding with for a period not exceeding as charged of not less as charged cutting you will years, a knife, punishment him guilty the penitentiary five of years. If you do not wounding with with or kill, say so and fix his in the penitentiary more than David Thomas, guilty in jail then of either of assault you will for a period not exceeding five of the felonies and battery, say so and fix not exceeding hundred dollars, as further his punish- twelve or by and imprisonment. If you find him not guilty, you will say so and no more. ��Docket No ,/./'),,-:J / COMMONWEALTH of VIRGINIA /. vs. Indictment J Felony (fel.assault) ) DAVID THO:Vi.AS William A. Julias d. ~=~~~=~------~P· Own (x ) Appointed 1964 Oct. 19. Return ( ~"~')'---a{~. ~u ~ 11/197 of Grand Jury. Oct. 19. Accused arraigned not guilty entered; . lhu,10.~-&t~ ) and plea of set for Nov.lo. ll/;Cftf 'JC-- //---- .----o<0 g CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. �""'-<.. .... .. 0 z z0 "' z< . • .. :t • n .. 0 : .... u ,, I 2.oo ff tJ 1,,-// "'Y;C, 0 ;JjtJd / 00 ,yotJ ;Jo _fLj ~e'o � 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 David Thomas 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 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_014 Thomas https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_005_commonwealth-v-david-leon-smith.pdf 606dbe111311c01187caf7e0b7df603d PDF Text Text Arrest Warrant 6 The Commonwealth of Virginia,} T •t • gh am C ounty, o-w1 R oc k 1n To the Sheriff of Said County: Whereas, George D. Conrad, Commonwealth's Attorney Porter R.Graves made complaint and information on oath before me, on the day of_ ____..A._n._g..,n ...s....,t._ ___ ]6th lawfully did kill 41gn1ty of tl;ie ~~ and slay of said Co4?ty, has this day .l.x x(LJfflftx,ai&iiJao xait Trial T. J. or ,,19A..a_, in the said County, one Beverly Jean Smith, J. P. - \ • Justice , •")• ,.r <i'l!J!I! , feloniOu's1y'and against un- the peace and on.wealth These are therefore, in the name of the Commonwealth of Virginia, to command you. forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said_ __.,D£Jia ..vs...1-d.....,..L...,e .... o,..n..____,S~mi...._.th......_ ________ __________________ _ to answer the said complaint and to be further dealt with according to law. Given under my hand this __ 2....... 1-B-t~-- Memo. of Commonwealth Name. day of Witnesses: Address �M 'ttet .. ., 8 ~..:i ~ g ;:;· B :r B RS!::,!!., o -::i.o: JUDGEMENT C) <. n Trial Justice Court ::, i:: ::, ~ ... ;;·n~>' :r ;::io..f n;o7, ~ ~ n :r ... i:: ., : ., :r;:i::, : ~ 21, 194! U nnn th~ hearing of the within cha,ge, .i .1 ll ~ 0 tliere tg n~fficient probable cause/an'ci the defendant is held for action of the Gr add Jury. _.. Criminal Docket A.__L • .: - -'- X il h ·eo-mmonwea t vs. 'NoA ~ /'f:;JJ-' :r ; Q.. ,.. a ffg l g_~ e:g-, ~ ::i ::, ;-s:o n ::, ~: { Arrest Warrant n ;#~~~ ~ ;; 0 .....1 ~ .g ! o. i o ~n ::r =g ~ g i ::t'.r' : O'"'n:P: ~2.""::,: n ::, :ro.; roOQ~ri>: ::, l""t -· Cl.~i ~~ before $.;~~ ':-' .. 0 ~OQ:::?. ~;~ 'r' Fine Issuing Justice's Fee $_._/, Trial Justice Fee $.....Z ..o..o. Arrest and Mileage $...../~--·~· Summoning Witness- $...... 3,.oo .. • lV>H, - :g r, "' i:: ... ~ Q.. ' S, rt ::r' . f .. Q.. :;i~l ~ ;· -,.. ! : C ~ l • ::r.-<: 8 !l -= : Q.. _____ $....................... . Miles travelled by officer Total mileage Trial Justice n, e, . - - :r ;· ~ IC) =n :r_ i::::, ~ o gg () Q.. =OQ OOSOt, ~ 0. o' ... S-Q :::i ........... ~ :r w :r O .,g,.. ::, n ()'ti 5·0 :.,-"; II> ~ "311QO: !!1. 0 ::, . n: : s· Q.. !l n_.~. ;;·::Sg-....,n n 0 ·i l""t .Io. ;;· n i:: ::, ~ " . g ; -<~n~no. 0. -·'ti : .,.. -· cn·o"": 5· P. 'tl::lo, 0<> o 0~1'>:r::, ~ 0 ~ '"" it o <.-n !!.. ., n ! " -· +- P 0. ! ; c.o: ::, :IIQ -· i B so : g. ~ : ... ~s:~ : g ;:: i 0. i ~ :rs i:::r~ ... r., O "9--so ::, "so : f; ::,II>-< ~ .. "" ... : 0 ~er soS:.s;: ;;· ..f'D(\) ..... '"" Officer's Mileage Miles carried prisoner tt B B ;· o~::,: $ ::," ~ Q c.o: :i-- :r (D" n Ul ! ll ;· 0. _ o.S-e:,~ B ;i ; Jail Fees ~ lJ,=v n Q..Cb[ ~-·~.,.,.. $...... -~_.£() 67 r"' ., 0 i,9. (b5·,.,: 12,ZPkrAtll,'A,j,/.. ruo - - - - $ /~ ~dn a.· S-g~; "::::. , 19~ , ,,.-and Mileage $...../ ::,"01"'1 tp day of -7"T';op. -~,~~, ~ Commonwealth's Attorney Total 1,./ this ~.r. $....1~.... r:::-<o ~: o o .. Cler~'s Fee Witness Attendance :,:,. S--------·---···· ··- ., ::, n ~ ~ := i.~; If .. •! i "' 0. 0 ID 17' '"' ! g :;·"1 ::r'""4 ~ ~ : !"' [':rg O O O t ::,e..:r~ ~ ~ : O.n : S.5·1-1 s-; ~ :-l J;.,u_ ~ : :,,. -< ....... 'Tl ~ 8 ii z B ., w ~ : '!- ' n ~it. ·e: !!. n l""t: ;.~ a-i 17' ; ~ C) ~ ::i ~:-i s· 0 ~ 8 g i ! ' g. -· ..... ::i ~ ;fo i:"o ., o ; ...._ -< n "' i:: BS-. ..._o i oa:C: r.o ::, : :;-5-~e.;. l .... ,....n Q..n ! ~ ::;· n D) Executed the within warrant by arresting and delivering the body of n,; B B ff::,; S-i X :ri:: n: 8 0 ::I~: ;;~~~.! :r· ! "' o'~ 1 g g;::§.i .... o, n ::;'O 0 ~ -· ... ... :r .fl-3 ~~...:g; 0 0. > ,-j 'Tl 0. :r <. s· n -· : ttl : __;· ~ IIQ :r. <g·olf::i! oo.ff: ~ ;. ::, ., ;~ .P-"g~ 0. s· - OQ 0 - '""<: -< ==~ ::r'Q..: en --l <: ;; ::; .. ~., ~ Q.. ~.:"'11i "" ~= ~ ::,j sept. ~ ~ ;.::, ~ o ..... - C) I ~ ~ �·ocT 1941 ·= T, i I( I , .... COMMONWEALTH VS. ) Felony ~ (mans.) DAVID LEON ~MITH / ,"'-d~ I); 0 ~, t; ~114 ~5-- ~t- ()~. j,,~- - M"?';;;;;p;~-~ 7_,.,---;,r1 #1 ��In the Name of the Commonwealth of Virginia: 0 &h: You a,e hmbv commanded to summon 22_::::t~r..; ~~ .....l.ftA ..:....s1:~~., ..... ~~·••· ~~ -v-::::: ...:b.tr-F--u-J->:~.... ~--~·.·:::::~::::::~:::::::::::::::::::::::::::: ~-::::::::::::::::::::::::::::: ?.I~.: ..... ~~J···lr~ 1l~··T··•··· ..... C:t~~.:~.~~~~~~::.~:::i :: a.~e:~c~oc7.e a~h:~u::et:::z-1~1: to.tcstify.and·the·trudlt······~lfp~-···················································· who stands charged with and indicted for a felony rQi!idemeeao£. And this you shall not omit under penalty of £100. And have then and there thisWrit. Witness,). ROBERTSW~C~kof day of.•••••• ~---, THB SERVICE PRBSS 19 out ~t"• , and m ilie }:=~~letk at the Court House, _ tl,,,../:1'-.-':it,._, �1~nt V ~~- ~~&- �o place ma, ,g + ~ £ f.2~ .,1 abode, Executed ...../ r: r UbU 11 t) - t:2 (L-:___ J:1:..£____ .by deliver! 1 :=::~0--J--C,,-U. usual place of abo~ his family above th,.,e ~ ...... L&,l,U .. -~ .) r l-f.'.....(....1ALA.qf><J <116 years, and explaining t w J:i.d '"her.£/), - ~ ~~.-(i~~ ·,c,fr,~. ~;..~- 4:f _, ~ .W~ "'800 r,f abode, Executed.~ true oopy of thla ~,..,.,Mt~ :i t t ¥:" on, uaual t,10:aeof d ,d~J.Ohl... hi'a family above the age or 16 .,, her, t ')1.L&. ..:tr1---~~v a .. ....., a.rs, d explaining J. iJ. /2J.i?'-1:, ~ the purport-ther.or A ~/XQ.~-~ place of abode, Executed _ _._.... ...- .................. ,........... tn>e COPY Of thl• ~ i) I I\ r }?J.,v>~ ~• . usual place Of -JM... II la '- ll).. ~JA,1.,,,+ J.o *Ina ~s::;Efhf?Jit ;;:,• a member o< purport there,' ,f ��COMMONWEALTH VS. ~ ~-<,e/LD .J,...Q~ DESCRIPTION OF PRISONER Last known add,e,,_________ ~+_U--~1----------------------------------------------------------- ~-~ Color_ ___ _g~ Height_ ______._,2~_=-:-7 Eyes___ #-== Hair_ __ Weight_/.:J-2~-- Marks __________________________________________________ ~_f _____________________________________________ ____ Age _____,.q ___________ Occupation ____..--C..::::::. _ ~ -----··----------------------------------- Date of Trial ___/~ 1--r Resuk ___ 1<1-/¥ Y- _________________________________________ _ _e,,t-..4£ ------------------------------------------------------------------ ��,4 If 38 Report of Witnesses for the Commonwealth Month ol~, Whose mileage and attendance 19/1! were not collected by t~l Jujice before thfJ!nd of said month. '-:/"~ -o R,'A_~ - ••a~ er,I -m', Fel. Pro. or Misd. WITNESSES ~ •,,&~~ (f~ ~ }._ J?-·.'!A ~ (f~ ~ ~ k_._ u ./1il:-~ -r {/' Days Attendance .._, ~•- a _/. ___ _j?LJ Miles , -:-_:al Justice. 'V- Mileage Total I Com. vs. •-Gf~ 2. 1,1= __ - I f Date I •S-o I ,..r1J . . I ,S-o /e, ,S-Q 3. t. I!) fJ / .r - - 4. 5. 6. . .. • Com. vs. 1. 2. 3. 4. 5. 6. All witnesses summoned for the Commonwealth shall be entitled to receive for each day's attendance fifty ~ents, 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) ��DEPARTMENT OF STATE POLICE A"4• i rr----~-:::::--~----:--~----------Date are hereby summonsed to appear before: _ /. M-----'-'-""=='-..,_!........>~---'~..:..._--"'-L..:...,--...,..,t:...;....'-'-.=..~----r-+---YOU Trial Justice ') / ,;; N<! 158148 /J 1.I. of If /?ISP/V -+,,-..<-L----'-..:....;.--(-P_la_c_e to answer for Violating the Motor Vehicle Laws of Virginia, to wit: Reckless Driving D Improper ~/J/!/S'LA !A ~r/,✓~~ /SNl~~ .,__o_f -T-'r-ia-1)_____ c,n/Jf4C,(Date? J//~l;t Exceeding Speed Limit D ~'cloc No Operator Chauffeur License '/ Defendant ________________ Address _,_·---------,,,_,_-=-------=--=---------------Oper. or Cllouf. t. J .It/ _ '::> / Lie. No. /re Vehicle License No-=-fO __ t,..__,v __ '""~~--•-- State Police~~~--""~-""'~"'-(,.::....._,_,,-"------,------Sec. 120 Chap. 342, Acts 1932. Failure to comply with this O/ ' summons constitutes a separate offense. Shield No ~ ff~ 3 /_/ (Address) } D □ �Leon Smith ____________ Clerk Trial Fine David A 1438 TJ �Wi.ui.es,,;Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You ar~ her by comman·ded, in the name of the Commonwealth to appear before the Trial Justfre Court of said County, sitting in said County, on 21st _ Harrisonburg, Virginia day of___ s ... e,.p .... t...,•----• 19--Aa, at the hour 0£.__....,3.,__,g&it4 .---------1111 of that day to give evidence in behalf v. at of Virginia to summo ..__________ m_•-i ... b._,'"""><..,.,,;='11'---~;~J=·~'-/~)..__ _________________ of.__Qo ___.. _ �Trial Ju~tice Cqqrt I 'Y ( ,:__ ...,/,.,, • • t 4 - Doc~el -KA.1438 Oom,'th V ( . . ~-Witness • Subpoena t David I ,eon Sm1tb .. �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in,~h~p~monwealth Norris Bradford, Jr.M-1'- llun,_=Hi=n=t---=oc.:n:i•---.:.V---=a::..:,,.:__ ____ ---.-,____ v· Panniqton, of Virginia to summo R-2 D117ton, Va. to appear before the Trial Justice Court of said County, sitting in said County, on &l•' day of SQ • ;i..o .~ at.___________________ , 19 68, at the hour o,£,_ ___ _ a_a ________ of that day to give evidence in behalf o,fL _---'-':;;,_;_-' .:.:c--'--"-'-➔•-'-'-''---"'-:t..,_/-'-!-____:, ________________ v. Dav1 d Leon Smi\b ,.__ _ _ �Trial Justice Court --~~Docket • ... No.'4 ( V. ( Witness Subpoena ( • 1431 �Witness Subpoena ,,.. Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hrreby COtlUJlan~d, in the name of the Commonwealth of Virginia to summo •.._________ _ ll:.Me,1nSt •. ~i, Ve.• ~ym.ond Webster Hbg, V.., Davfd (pBalSb,~ S\4U' Route Hinton, 1-e .... _,_/-....... /~,,....::~"-"'? ..... v=J--=-t'-=----------illiam Jose-ti R-2 Da ton Boy, Pov.tell• to appear before the Trial Justice Court of said County, sitting in said Cpunty, cm ~21E]t - day of se»t o at Harrisonburg, , 19--48.._,at the hour of DX of that day to give evidence in behalf 0£...._ _,Q..,o .. .m.~\__.t ... h..,,.._1 '=•..,"""'·.,____.1'--t-'/..;..! _______________ V. Virginia 3t 00 P e:Mo ~"-- �-~ ~ ~ ) , ';('rialJqs ~c • e Co . rt _ --- •Docket ..., .N °- -A,..1'J.3fs .~· Com'th~ - . -• ~ • ,· • V. (( Witness ( ~ Subpu.eJJ.a § vid Leon Sm:1 th_ Da 1948 To Sept, 21 ,,/at 38(. . E l ti) : Q., : E~-i ;:J ~ . • 0 ~ ~ :::J • i>< --'i • w �\Vitnegs Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: J You are hereby commanded, in the name of the CoJmonwealth of Virginia to summo _,,::z:;1:_-:_: • ~ f ~~~~~•. ~bg, • to appear before the Trial Justice Court of said County, sitting ai:__-J:!llr.Jf"i:&CmiblLS'lli-lrl~l!41le----- 19 of that day to give evidence in behalf of--.-.,-,:.1f--T:r.:-------------------------- in the pending v. case of ----=:--~----:--------------------------------- Coa tb Dav Given under my hand this,--1M_.11-- ___ day of_._---4..__,.....,.._4---+-+=--1+-- �, Trial Justjce Court ( V. ( Witness Subpoena ( �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greedng: You are hereby commanded to summon ................... .........................................:-............................................ . ••••••••••••••••••••••••••••• .................................... .. •••••••••&"'••••••••••/•••••f-r••••••••••••••f"•••••••l'••l••f•••••••••••~••••·••••••••••••••••••••••••••••I•••••••••••••••••••••••••• X ... M .................... ,,-...._~ .... . .............·············································••#.,.••· ........................................ ··················................................................. . to appear before the Judge of the Cii:cuit Co11,rtof Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on tbe.K.1:..Jlay of........... ~.............. ··•········""""'-·····19~... to testify and the truth to say in behalf of the Defendant in the prosecut!Ptfof the Comm011wealth egllim ....................................... . who stands charged with and indicted for a felony wsdemearo,., And this you shall not omit under penalty of £100. And have then and there this Writ. Witness, J. ROBf,RT SWITZER, Clerk of 011,rsaid Q:>urt,at the Court House, the ........~ .............\ day of .................................. 1~.~ ......, and in the/.., ..... year of the Commonwealth. Clerk �EXECUTED~E ROCKINGH BYD . GOPY F TO __ I I cm �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 • • • to appear before the Trial Justice Court of said County, sitting in said County, on aJil day of---,,----...------, at.___ v. case of -------------------------------------- ...ii~liiiitiiii•;-'fl[ja;li!il 1....._. , ua1a1a ___ _ 19___ , at the hour of-----.;;;:a-=--s:r:~-,-""!"".""---:-":'"'""---- of that day to give evidence in behalf of----,,.-=-=---.::-=--------------------------- in the pending of Virginia to summo.~---------- �( V. ( Witness Subpoena ( �Trial Justice Court Criminal Docket No.!l:; /if:JJ}- Com.'t.11 v. Leon Snita to ~:31--4:8 1tt__.2Biit_ David ~--TS --- ~- ~o -~ EEK~~ t I To- '1- ?--I· Held for action 'i~ -J: P, J'1 of the Grand Jury. ��Commonwealth of Virginia: To the Sheriff of Rockingham to nmmon ..................✓. You 11rehereby com7.eJ County, Greeting: ............................ 1./ ................................................. . ....E ......E •....K1.a.er.., ....Dr......F..•...L.~...:s,:e.r.s....and.Harp.e¥..Allen ...P.ennington ....... to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, a. m., on the ....llth at ~~9ock, ........jay of. .................. Oc.tober...................................... 194.8...., to testify and the truth to say in behalf of the Commonwealth before the GRAND JURY ...................... ............. againa.t .....DAV.ID. ..IJ!:Oli...SMI.TH. ....................................................................................... . who stands charged with a felony 11liM#llt'IIFNt. And this you shall not omit under enalty of £100. And have then and there this Writ. Witness, G ~• day of..S.e.p.t.amb.er ........ 1948.., and in the ...17. THE S~RYJCE PREU, HARIUSONBUI.G, YA. ~~. at the Court House, the .....30.th ....... �COMMONWEALTH -i .. I v. .i DAVID LEON SMITH . To October 11, 1948 at 10:30 a.m. J - -~ .~...., Grand Jury witnesses ..._ ~ \ ~: E § ------- fl) -~ 5 l i :::s i-,J ! g,J ~ ! -E '§ Cl •. �Commonwealth of Virginia, Rockingham County, To,wit: ...................,19 ..~.- ' ............................... surety, who justified to his sufficie~am~re .............................. :............................. /.V.. me,................ .....................................~ ......... ........ ........................................................ , of the said county of Rockingham, (J. P. or Ball Commlssio r) and acknowledged themselves to be indebted to the Commonwealth of Virginia each in the sum of .......·-···· ~...........~ ..~..........~...:............................Dollars, ... ~..~, ($./.{.! ..Q.. to be levied of their respective goods and chattels, lands and tenements, for the use of the Commonwealth of . Virginia rendered, and they each severally waived their homestead exemption to their recognizance; yet upon this condition: ~ / , ,. ,, • That if the said................_ ...._ ......~.......................shall personally appear before the ~emt ·J C?u~r C • of Rockingham County, at the C~~~use T na 1 usttce s ourt ~FX.__ c9-{j' of th~.-.:-:.&.: of said County, on the .........~.- ~f .. .. ........day tr. ........... Term- tboHef, heing dre ........................day of .........................._ ..............- .., .. 19....., .., and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with the said charg_e, and then and thm answe, the Cnmmonwealth nf Vi.-ginia con~ .................................................................... whereof the j~ ~........... ~ stands "certain. ...... .. ............ ,- ..... charged, and be bound under sa~d 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; (?therwise to remain in full force and effect. IN WITNESS WHEREOF, I /,k ......... _day hereunto affix my signature this_ ....... 0£............ - ................. . ···········~·········, 19..~ • ��1500 EAL/rJm Headquarters, Tenth Marines, Second Marine Division, Fleet Marine Force, Camp Lejeune, North Carolina. 16 November, 1948. J. Robert Switzer Clerk of Circuit Court Roekingham Co•1nty, Va. Dear Sir; Information is requested as to tne place of confinement of Private first Class David Leon SMITH, (5979?2), U. s. Marine Corps. This marine was recently convict~d of manslaughter by the Circuit Court of Rockingham County, Virginia and sentenced to two (2) years in the State Penitentiary. This office is in receipt of authority from Headquarters, Marine Corps, to issue this marine an Undesirable Discharge and the above information is needed to forward the Discharge certificate. t/r!- 0.1'Anr:>uM. f. ' HOOPta Major, USMC Comdg, Rear Echelon, Tenth Marines. -- ------- -- ---------- --- - ��PRE-SENTENCE INVESTIGATION Staunton, Virginia October 20, 1948 NAME ADDRESS Route AGE 4, Harrisonburg, Va. American MARITALSTATUS Single NO. OF DEPENDENTS None 22 OFFENSE Hit & Run and Manslaughter RACE White SEX CITIZENSHIP David Leon Smith Male OFFENSE On the night of August 16, 1948 between the hours of 12:00 A. M. and 1:00 A. M., David Leon Sm.ith was driving an improper lighted car on Route 33. He was in the process of ta.king Nancy Hoover to the Harrisonburg Hospital. Nancy was suffering with a sevem pain in her side and the defendant believed it to be an appendicitis attack. Beverley Smith and Jake Hoover were also present in the car driven by the defendant. The two girls were riding on the back seat of the car and Jake Hoover was in the front seat beside the defendant when a truck traveling west on highway 33 approached the car and a direct collision occurred. As a result of this accident, Beverley Jean Smith died and the other two occupants were knocked unconscious. David Leon Smith received a severe blow on the side of his head and as a result of this blow it is believed that he wondered some distance from the scene of the accident. PRIOR RECORD Only one charge was found in the court 1-19-48 Drunk and disorderly records in the Roclci.ngham County area. Fine $25 costs However, it is known that the subject lost his driver's a result of an accident with a Mason Dixon truck. FAMILYHISTORY $5.50 license in 1947 as David Leon Smith is the youngest child in a family of seven reared by Jacob and Annie Smith. Jacob Smith is a pastor in a Church of God in this vicinity. He also participates in some farming. The entire family has always resided on Route 4, Harrisonburg, Virginia. David Leon was born on February 26, 1929 in this vicinity. He lead a normal childhood life and at the age of six he entered the local rural school. However, he did not like school and gave it up at the 6th grade in order to help his crippled father on the farm. March 4, 1948, David joined the U. s. Marine Corps. He has maintained a good record while being a member of the Marines and is presently stationed at Camp LeJeune, North Carolina. At the time of the accident, David was on furlough and was stiying with his parents in their rural home. HOMEAND The home is a 6 room frame structure located in what is known as the Peak section NEIGHBORHOOD which is northwest of Hinton, Virginia. The house is in good condition and is very well kept. However, this neighborhood has a very undesirable reputation and is noted fur its' lawlessness. EDUCATION The subject states that he gave up his education after He left school in order to aid his crippled father. passing the 6th grade. ��David Leon Smith Page 2 RELIGION Although, this boy's religious intentions. was a young boy. INTERESTS & David claims that he enjoys such sports rather read than do anything else. ACTIVITIES father is a pastor in the Church of God, he has no In fact, David has not attended church since be as hunting and fishing but he would EMPL01MENT The defendant has 110rked for the various farmers in his community for the better pa.rt of his life. However, in 1946 he was employed by the Daley Brothers Shoe Company at a wage of $22 per week. This job lasted only sil: months. In 1947 he worked for the Harrisonburg Quarry at a rate of $.55 per hour for a period of six months. The boy is now a member of the 10th Marines and has a rating of Pfc. HEALTH The defendant has no serious heal th problems other than those that occurred as a result of the accident. His family is in extremely good health with the exception of the father who has lost one a.rm. SUMMARY David Leon 5mi th comes from one of the best families of a very disreputable neighborhood. He has lived with his parents the larger part of his life and al though they do not enjoy many luxurious items, they have lived comfortably and have been well provided for. This boy gave up his education after attaining the 6th grade with no difficulties. He is a member of the Church of God but does not attend. At the present ti.me, he is in good physical shape; however, be did suffer a seve:m blow on his head in his recent automobile accident. PLAN This young boy, who is in serious difficulties for the first time in his life, has presented a very difficult prob1eni. He has a very cocky and nonchalant attitude and seems to be very indifferent toward the offenses for which he is now charged. When questioned by the probation officer, the subject did not devu.lge the entire truth, in fact, all he did state about the entire affair was that he did not remember what had happened before or after the accident. He persisted in lying about the fact that he had been drinking be£-ore the accident occurred. Dr. J. S. Huffman of' Dayton, Virginia, who treated the subject for the cut which he received on his bead, states that this boy admitted drinking prior to the accident. However, Dr. Huffman further stated that it is certain that the lick that he received was the cause of the subject's wondering away from the scene of the accident. Since Smith is now in the Marine Corps, it would be a very difficult problem to give him any supervision as a probationer and I sincerely doubt that if he is dealt with leniently, that he will strive to correct his indifferent attimde. Respectfully yours, ~~~ MOC/rhb Sources: Mil ton O. Culpepper Probation and Parole Officer Court Records Dr. J. S. Huf.fllla.n Police Officers Parties involved in the accident Defendant Defendant's family Various Rockingham County citizens �'~ ' ~ V) .~ ~ .... ~ ~ v JJ ~ ~ ~ > ~ ~ ~- ~ ~ LD ~ ~ ~ • ~ rt ~ ~ t ' 1 . f'V... . . . �STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand for Court oaths of said feloniously the peace did kill and dignity This E. E. Kiser, witnesses County,, do present 16th day of August, give of the State of Virginia, the body of the County of Rockingham Circuit their jurors that 1948, OAug~~ term, the 1948, upon in said County, unlawfully one Beverly Jean Smith, Allen is found upon the Pennington and sent against testimony of and Dr. F. L. Byers, before the grand the and of the Commonwealth. sworn in Court evidence. and now attending DAVID LEON SMITH, on or about and slay indictment Harper at its in and jury to �) JI/;).· Foreman· ~~ ; INDICTMENT COMMONWEALTH V. DAVIDLEON SMITH~.B E. Kiser A~len Pennington 0<"'Jtug1urt te·rm 1948 Felony Atrueb~ E. 7tnesses: //. {0· Dr. F. L. Byers Vl• Harper George D. Conrad Commonwealth's Attorney 1 � 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 David Leon Smith 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_005 Smith https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_007_commonwealth-v-daniel-h-hillard.pdf 69359f9eebaa9cd36e72812f9a8f427e PDF Text Text HIL:.L.EU), DiJ~IEL 11. 4/11/61 - nolle pressed guilty of reckless driving and fined $100 and costs. ��Comp. Form 18-A STATE OF VIRGI~ COUNTY OF_~_~~ TO ANY SHE Whereas, I ~/_ No ______ To-Wit: _ F OR POLICE OFFICER: ./}. ~ • (Name) ' 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 Lody (~) 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-~~:.. �STATE OF VIRGINIA-COUN1Y to-wit: OF --------------------, a Judge of the County Court Justice of the Peace I, that and ___________________________ __, in and for the County aforesaid, State of Virginia, as his suret have this day each acknowledged themselves indebted Dollars to the Commonwealth of Virginia in the sum of ----------------------------------------( $________ do certify ), 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 Circuit shall appear before the County, on the to Court Cou.oty day of --------------, 19__ , at ______ M., at ------------------~ Virginia, and at any time or times to which or further heard, and before any court thereafter having or holding any proceedings in connection with the for the offense with which he is charged, and shall not depart thence without the leave of said court, the said and effect until the charge is finally disposed of or until it is declared void by order of a competent court; the proceedings may be continued charge in this warrant to answer obligation to remain i~ full force and upon further condition that of ------------------------ the said --------------------shall keep the peace and be of good behavior for a period O·~-----------days from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. day of ________________ _, 19__ Given under my hand, this ________ Judge. J. P . ....,.., C: "' n, C: i:,..'8 p "1'l s· Er n, " c::, ">< B s· .. 0 ~ 5· z § p I 9 0 ,.,., Er n, ~ ;: ... s· .., . (n \ go QQ !' .... P'> p t i:,.. s- ..... 0 " (") 0 "T1 >-l n, §. s· 0 i-j 0 §. (") fil i;: V, C: B B 0 B B 0 ~ 5· p p ~ ...... s· ~ ~ p ~ (") ~ """ °".." .. .., "1'l n, n, n, > ~ ~ ti:, t ~ E ~ C: p e: .., ..::: i:,.. .., n, p e. i:,.. ~ 0 n, n, "' )!. "' " < ::;· 8 tr ... i:,.. < ~- °" s· s· F. ji" .,... .,... ...., i:,.. 8 .., p ,.,., 'O n, °" fti s- ~ p.. ti:,0., s p.., .., ~ ~ ., i:,.. '< 0 t Sn, '< (") 0 V, i-j V, 0 p go .... 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 Daniel H Hillard 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 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_007 Hillard https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_011_commonwealth-v-cletus-garland-evans.pdf c30e7e5420cf6ad8d2e4e869854bc7b0 PDF Text 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 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 Cletus Garland Evans 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 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_011 Evans https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_002_commonwealth-v-chester-pence.pdf b8893ab5e0f788cc29d52272b8b09892 PDF Text Text • SOUTHWESTERN MARION, STATE JOSEPH HOSPITAL R, BLALOCK, SUPERINTENDENT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS January 1, 1953. Mr. J. Robert Switzer, Clerk, Circuit Court of Rockin~ham County, Harrisonburg, Virginia. Re: Chester Pence. Dear Mr. Switzer: I am enclosing in duplicate a report to the Court concerning the mental condition of the above-named. It will be appreciated if you will transmit the original to Judge Hlaas and retain the copy for your files. Very truly ~ yours, ,I( 41..J_,,.;I Joseph R. Blal,ock, M. D., Superintendent. JRB/ft Enc. 2 c.. M. D. �• ..i �SOUTHWESTERN MARlON, STATE JOSEPH HOSPITAL R. BLALOCK SUPERINTENDENT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS January 1, 1953. Honorable Hamilton Haas, Judge, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Chester Pence. Dear Judge Haas: The above-named was admitted to this hospital on January 6, 1950, having been committed for observation by your Court. A report was submitted on May 16, 1950, in which it was stated that we found him to be mentally subnormal and that the diagnosis was ''Without psychosis, mental deficiency-moron; 11 that his intelligence quotient was 56; and that while he had the ability to distinguish between right and wrong he was sufficiently limited in his mental capacity and in his ability to restrain from making sexual advances to make it likely that he would continue to be a problem in the community. It was recommended that care in this institution be continued for the near future, that a program of decreasing supervision be followed, and that a subsequent report or recommendation be made dependent on his progress. This young man has continued to work under supervision about the hospital and to be of use in one of the kitchens and on the farm. His oehavior for the most part has been satisfactory, but there have been some indications from time to time of sexual interest. 1fe still feel that if he were to live in the community this would be a problem, and in view of the whole picture we would now consider him as "feebleminded 11 and not responsible. Our recommendations would be that supervision. he continue on here under hospital Respectfully, L_~J. a:s~;-;--Blalock, Superintendent. JRB/ft ~-- ~~­ M. D., 1 M. D, ��Ja."1U:'.l.~.f Hono b ·llton ci~c it Court of Harrisonburg, s, .r 1, 19_5). g , ockin~ham ount, Virgir. a. Re: Chester Fence. The ·}o,e-nro~ed wag a ,itt.ed to ti.is having oe0n com:-j.f,ted. pita1 or. J,l.l"uary 6, 1950, by your C3urt. 110 or ohserv1tion s sub::litt don Pay 16, 1950, in which it as st ted that • e mcnLnll,7 subnor ~1 ar;,: t:w.t t.he d-J..,:;:•o s rtts 11 'ithout. ps· chosi , mental de cien -1:oronj II that his int.elli 1er,ce q1.10'...ient.•r,;ao 56; and th t ;~ile he, had tli- abi ity to d.1stingut h • twoe. ri,. ,t and ~ ron ~ z,e wa3 sufficiently 1 • t•_ed i1.~s raontal Cu!Ja.cit and in .L ability to 1-ed:-0:.1. '".rorr."·iki .; 301-.ual adva.~c 3 to ;ri...ke it likel.t nr t he wou:d c...ntL1Uo to he ?.. problem in the com•,;unit.r. It wa.i:; reco ..1.,nded • hat c 1 e in t!1is ir:stitut~ on e con~in ed for l:,h....near future, the,t a pl~or~r;;. of lec:.~eaGing su. ervlsion be followed, r..nd that a $ub3e·1Dent rc?Or':. or rcco, .oncht"on be made depen ~nt on his progress. A .eport we found hin to Thi yo 6 an has continue t work bcut the hospital anrl to oe o ,¾" e in one O.!. t · • LCuE>ns and on the far . .-iis ;enavior for the mo3t part. h s been 3~ti □ f'1ctorJ, but ther have been some indications .... ro'il t:Lnie to t:r:-e o:. ~H-,..,,ral interest. ,, · st 11 fee 1 th t if he w.,re ...o live in t.he com.c::.unit.,this wr~uld be a prob em, d in viev o t'1e wbole picture we would now consi • r h:lm as " eeDler:linded 11 and not re pon.,,i le. Our reco• mend tions supervision. would be th t h, contir.1 , on her un..,er hospital Respectfully, ~~~~· f/~os~p~ fi. n1a·ock, M. D., Su JRB/ft rint ndent. �,f • Ls t I T e b[ r �11/14/49Commonwealth vs. On a warrant Chester charging the accused, of this @hester county; req_uested Pence, and said the court W.W. Wharton accused to appoint said the court for Pence, set entered out, a plea for capacity he be committed S0 uthwestern observation and observation, State hereby body of the hereinbefore said set concerning of Section of this directed, accused, HoS_iJital at Marion, and report county, him, his thereupon, herein. this day signed arraigned, on the to hear the And the attorney that said confinement Chester in a/ the feeble-minded heard thereupon, evidence it mental as to is GRDEREDthat the criminal. Virginia, is necessary insane at for 9roper condition, in whose custody tne accused tJ deliver Chester for to said Hospital care, pursuant as soon as may be practicable, forth. said 4909 of the Code of Virginia. Pence 4866 of Section proceeded and having to the depa rtm en t for to the provisions the Sheriff of the his and having accused rea on to believe or colony such mental counsel sheriff or presentment of not guilty. hospital care said thereof that proper by the to represent and the court condition for without indictment Ponce is in such mental the insane court by writing And being the commom<vealth having for into with the provisions waived on the warrant. Pence being counsel in accordance in the warrant the case Chester rape) the comJllonwea.Lth, and to represent Chester of the Code of Virginia, for was brought is appointed And thereupon, charge (attempted Pence This day came the atturney before a felony And is, is the the pur~oses �p6LGTUP6tOL6 p:)([fl. Gt JBL8r:A .r:•, +O 26+ .ppe 88":fq cr:rr.&Cf6ql t:;iJGLTt:r, +JJ 0 +3LU cg LG :fD +6 H02 T1T+£7J +" +rr~ fl'Uq \:f +'.fOU} C}JS L~\:, TU oL 2r.rcµ li),:,Uff!J c:.--.uq.r;:rou Ot C0\6 0t ps:rug +• or.r AIL6JU:prl M.S:f Aoq P6lOL~ tJJS CJnL; ru BGG0Lqsucs vuq 2F:fq +JTGI.G."'!:JOU) M. N" µ~SL+OU :r2 L61fT68f6q G,)IH+ Ot .r;j:r2 .f:1:8 C~lf!D+"l1.! +fT•~-, ,rc;crr;;ieql ghhn:ru;sq +O suq 2s:rq (!;JJ62fGL ,IJT':('2 CfJE,afGL CJJ68.(:'SL guq +:rnf GOrIL+ OL _DA JUT ,rru\! y._suce~ gccrrnGq GOfTlJ26J 2syq +O psyu5'. 9'.f+CHJJGl, lOL 8' c-J9'TCT CPC2£6L 1 +JJ6 r_)L:.)C6E.'aGq +0 0;ITA 2T,t:'IJEq f p:pul fiJG com:.+ ~seo U6Lsru· rrccrr2sq L6'.JL626JJ TIJf.'C! OJJ +PG 2sc~:rou ot +U'.f2 2:"'Tq JJ69'L bLG26DtIDdU.f: M:[ +JJOIT+ GOfJIJ2GT MG;:1 pLO.'J5'.p.;~ +O :r2 u8ccc:2S'LA 1 TU 9'LL5T5'.TJ60 ,TJ.Jq:f GflllGll..C 9'8 VUq +JJG rri+OLUG\ ,l:JJSL60t +fJ6 :r2 l"°'!:5GP{l[) .f!J~Tf. GOIJt:fJJ6ri1CIJ+ PGJ'T6A6 ,:q: GA:fq GUC6 MT+JJ +PS bLOAT2TOJJ2 sM10:r11+ .pJG :r; G9'L6' i"JLO T),_j L r,eepJs-m:ru1sq p:r2 +O L6bL62GD+ E,Gnce, O:SA GSL'J6 fO ~0L8ITSD+ :pJ2£':rJG pegr,q Ot UO+ gITTJ+l• vuq 26+ rµs tOL :ra wuq J\'.f'L~FIT£r- GL:f'U'[U8'T JJS'A:fIJii +P9"+ .1.,eg2ou bJGS M~ LLSJJ,+ f,16 mJq +lT& r2~ couqr+TOD) +PGLGITTJou) coroui-.. tot ru2rrue 6Uf6LSQ corrG 01, +fl& hrrL~08G2 :"Gcrrc:Gq J\TL ti:prp:rl t\D.j:.' tOL +FG tr~ qGJTil.GL +fJ8 rueu;sr pra t'iL ..1PTG' cn2-i:-ogA + ~'J\'!LTOD~ qc}ir'L!''i op2t>LA9" H02'~r+<~T '\"2,0-4 C't, pre CODGGLUTUg OU ,PJE, M8'LJ...SU+· c,·,h-; a-a-rq Meo28 f'Tfi 1vDC6 C~62+6L +JJG ru co1JJmout~G9JfJJ JJ'c:lA:ruQ ,i:po .ro cghgc:r +A 01;, .j:JJG S"ccrr2eql bL006L b'-'IJCl.::i T2 +j.16 ~.. 2 ID?"/~ p.;;-·bl,t'C.fTG' 20017 LS~OL+ 8+9' p~)8'1Tr~;T t,.JL tor. S2 ot 2ec-i::rou GOJIJIJJ:f+~sq 2rrc;1 lllflJ+9T tOL T,2JJG6 br.,011.r~rou2 r-svnq:N,68 pG CP62+6L +!:T2 c0mr+'.\' 1l, opeGLA~+rorr sea p8 tOL+p· p:\ +TJ6LGfI')CiU) guq +IJG COllJ'ITOJ.T&\&gT .pµl JJffATU~ 2JJBI.,:fl_ gIJC'I' r,oUGG A2• COlillilC'JA\bS'J JJ\ri!\ "vct• OU ~TJ 'J N.gLL9'rJf. cp,rt€:pJg '3' t8TOUA (S'f'+6UIOf.6q L9D6J �SOUTHWESTERN MARION, STATE JOSEPH HOSPITAL R. BLALOCK, SUPERINTENDENT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS May 16, 1950. Hon. Hamilton Haas, Judge, Circuit Court of Rockingham County, Harrisonburg, Virginia. Re: Chester Pence. Dear Judge Haas: The above-named was admitted to this hospital on January 6, 1950, having been committed for observation by your Court. This patient has been carefully observed since admission and history obtained so far as practical from various sources. We find that this man is mentally subnormal and our official diagnosis is "without psychosis, mental deficiency--moron 11 • On psychometric examination his intellig~nce quotient is 56. While he has the ability to distinguish between right and wrong, he is sufficiently limited in his mental capacity and in his ability to restrain from making sexual advances to make it likely that he would continue to be a problem in the community. I would recommend that care in this institution be continued for the near future with a program of decreasing supervision, further report or recommendations to be dependent on his progress. Hespectfully, 1~ ,{,~. Joseph R. Blalock, Superintendent. JRB/mb M. D., M. D. ��. on. "! ·' lton ."' o, Ju .'e, • t C u -t. o... ilDC 11,,.,:1 H ria)nbtrG, Vir[;i! i •.. Gire 1.;oun y, ....,. '""' ~ abovo- T'10 1950, - Ol' hos o is h lre "V al on Ju U!. r 6, b • 'OU!' vourt. s·on and 1' 1.:lo ...ti t ·r oc . '1istoi•y o tai,1c:. '"' . ar .e find t· t t t•,: i :nosio is 11 On p ri tic .ro , •o '1 __ nd c .._ty -l V y l r. .. 6. · r 1l1i.:. i 1 - y and to "' Ito ~ •;_, be ( on , •epect • . y, ~tf-~ ..io·oiJh.n.. ~.~., Up ,. �• • �------ 6 Arrest Warrant The Commonwealth of Virginia,} T •t • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, S. H. Ce.) J ender, Sheri ff of said County, has this day made complaint and information on oath before me, _ _.:.._Jam--'--'-e-'-s"-----W_.-------'L-=---i_n_e_w_e_a_v_e_r,_,__,_J_.~P_. _________ _ T. J. or J.P. of the said County, that __ -1CJ-<h(.,/,Ce~sl..\.t..ce::.ir:.-,P,:;...c;;e ... n"'c;.i:e,..__ _______________________ _ No..,ember , 19----4-9, in th e said County, with foree and arms in and upon the body of Edith Kenney, a female person over the age of 16, feloniously did make an assault, and her, the said Edith Kenney, did beat and abuse, with intent her, the said Edith Kenney to ravish and carnally know, against the peace and dignity of the Commonwealth of Virginia on the 12th day of These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said ____ __________________ CU-L.Jbu::eu:s:utwe:,..rL,:...-~P~eL,,\.n,l.lc.;..1e=----------- to answer the said complaint and to be further dealt with according to law. Given under my hand this~l,i,.3~th-H------ John Sel It - - �of Rockingham, State of to the ) as to County at That the said indebted and .................................. . themselves and for the County have this day acknowledged dollars appear before the Trial Justice Court of Rockingham to be made and levied of their goods and chattels, yet upon this condition: OF ROCKINGHAM, TO-WIT: of Virginia in the sum STATE OF VIRGINIA-COUNTY Commonwealth which they severally waived their exemption, ~ ~ I 4l c5 z..., Q) u 0 .!<I Cl -;;; Q) ~ C: 0 0 u C: rn ..., I-< I-< rn Q) </) ~..., I-< I-< 0 day ' I-< rn ...0 rn o c: ',:j >-...... ...0 0 ..., >- t ...c: rn v ~ Cl) 0 .s ~ Q) g Q) p., I-< ~ ~ Q) QJ ;.::: ...c: ',:j ..., ',:j -o Ct! C: 00 Q) U ~ Q) C: >< ·- f,I Q) Cl.l +:> Q) r-. ·- s::J Cl> ...c: ...,·-C: ,d Cl} .µ l7J Cl) J!.i Pi -< ..___,__, <n > ~ .,r.l ~ Q) I-< ...0 Q) <-8 <,Fr 0 ...... >ct ',:j </) .:.2 ..., a:½, o!~i , 19 0' ~: ·- • Q) tll:-;:::: Q) r-l ~ ~N rn C: rn '"" <,Fr </) <J) Q) C: ..., Q) tF;- ro 00 ~ ~ ',:j C: ro Q) ~ 00 C: g ·a Q) ~~ Q) QJ ro 00 ~ ~ </) "1-, Q) u \£l 0 ~: Q) u-< .s;.. «)! Q) I-< u ~ >...0 ',:j ~ v > <,Fr 1 ~ ro ~ 0 -;;; ..., f-, \ . (\J C"'\ ..::t (/) Q) .i ~-4, ~\ 1 ro 0 ct \ ~"-J, V'. ~ ~ ..::t ·s "8. 00 QJ ~ t+-01 I-< Q) C: 0 </) ·.:: 0. ] I-< I-< ro </) u <J) I-< rn ..., ~ ~ ~ ~ ~ : o! ! flit : -......i tF;- ....... ·@ µ_. - Q) Q) </) \;~I~, J</) Q) \ :s\ -;;; ~ C: >;:I rt"\ 0 ,...., ..., 0 rn ',:jrn E c: E 6 C: st -..::t:a E ·-..., 0 t! ;:I . ~~ µ_. ;:_j~ Q) QJ ' 't'?,' tA- tA- d ~: ~,: ~jl,ij I <,Fr l ; tF;- Q) Q) ·"' I-< Q) u iS -< en - </) ......................................•................................................... , on the ........................ day of .... ..... ..... , 19 ........ , at o'clock A. M., and not depart hence without leave of said Court, and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with said charge, and then and there answer the Commonwealth of Virginia concerning the within charge until the same is finally disposed of, then this recognizance shall be null and void, otherwise to remain in full force and effect. ..., I-< ;:I 0 Q) u u </) ·p ;:I ,...., ·.:: -;;; f-, C: u Q) Q) nJ 00 </) ~ ·;:I C: .!<I ;:I µ_. ,...., </) -~ ..., </) µ_. Q) ...c: ...c: ..., Q) 00 0 ~\F Q) µ:; C: "v ~ C: ·.:: rn ...c: ..., ...... .:.2 ..., -~ u C: ..0 Ct! I-< <lJ llO ·.:: E E ·s ...c: ..., -;;; Given under my hand this, ~ z ~ µJ Cj 0 ::> 1--) C: 0 0. ;:) �-----AFTER 5 DAYS RETURN TO -- --- -- - DRAWER 670 MARION, VIRGINIA \ \ Mr. J. Robert Switzer, - Clerk, Circuit Court of Rockingham County, Harrisonburg, Virginia. �-- ... �Trial Justice Criminal Court Docket No. Com1 th v. Chester Pence All' Trial Date at:raigned II I~ .. t./1 date / (- I Cf - 'I-'f �TJ 3 AW1 �2 c/ d i . Docket No. COMMONWEALTH of VIRGINIA ) vs. ) Felony (att. rape) ) On Warrant CHESTERPENCE _,W,.,___, •._____,_,W~--Wha==r,_____,t=-=o=n=----------P· Own 1949 Nov. ( ) Appointed 14. Indictment &c. waived (in jail); arr. & plea n.g.; and com. to S.W.St. Hosp. for observation and report.½ 4 lf-Js~ / _,3 ,,- S:, I /f? ~f- d d. (x ) ,, 4~ ~4 ~ I ~~- ~ /c:/.J4i CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. l/ �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Chester Pence 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 1960 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_002 Pence https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_015_commonwealth-v-charles-tobin.pdf 727c57e4c8b5885a41fc8140354e835f PDF Text Text STATE OF VIRGINIA, COUNTYOF ROCKINGHAM,to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand the body of the Court of said do present 1950, in said dignity August did unlawfully namely, in and for and now attending Term, 1950, with Code of Virginia, the Circuit upon their the 11th and feloniously Paul Warlltner, 18 - 98 of the oaths day of June, carnally Julius the grand indictment Ritchie, jury to give is against the peace found upon the testimony a witness know the mouth in violation of the Cormnonwealth of Virginia. This Chief at its of Virginia., CHARLESTOBIN, on or about County, a male person, of the State County of Rockingham County, that of Section jurors sworn in Court and sent evidence. • of Police before and �Chief George Commonwealth's Police WITNESSES: bill: A true ~ _, D. Conrad Atto1"'ney Julius Ritchie INDICTMENT Foreman Term 1950 August Felony ;4 CHARLESTOBIN v. COMMONWEALTH �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, B. L. Kiser, Julius D. s. F. Ritchie, in the name of the Commonwealth RCo J 7th Chf Hbg Police day of_ _ IZ r to appear before the Trial Justice Court of said County, sitting in said County, on of Virginia to summon __________ ___..,._.T1...__1J ....yl'------, at 19-So-. Harrisonburg, Virginia at the hour of_~J.,_,;....,J.,_.Q.L......,lp_. •._.~ .... [.,._______ _ of that day to give evidence in behalf o.___--'C--'o_m_'_t_h ___________________________ _ in the pending _ v. case of _C_o_m_'_t_h __________________________________ Charles Tobin and Paul Warlitner �ti) Trial Justice Court ____ Docket No. Com'th 5711 A �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, John B. Evans, in the name of the ·Comrnonweaith 412 South Main St., 17th _ Harr_i_s_o_n_b_u~r~g~,,___V~a-•~--------------- to appear before the Trial Justice Court of said County, sitting in said County, on of Virginia to summon ______ at Harrisonburg, day of,__ ____cJuc..=l.c.oy,___ ___ , 19_5Q___::_, at the fiour ·of__ Virginia .,£.3--=-:-""3-"0---=-P--=-•=M=•------ of that day to give evidence in behalf of_...:Cc.co=m='-t=h=------~---------------------- in the pending v. 1 case of __,,C,..,o,..m,., _t""h,.._ _________________________________ Charles Tobin and Paul varlitner- Given under my hand this_~2~6t=h~ __ _ z:~ day 0£~-~•I~un-.....fA __ &--+-+--• �Trial Justice Court Docket No. A 5711 ---- Com1 th ( V. ( Witness ( Charles Paul Subpoena Tobin ar..d 1~ ,.• ,' EXECUTED~ IN THE 0Tf!' ROCKINGHAM BY DELIVERINGA R r' COPYOF UIE WITHIN-=-.r...;.,;....;.;;::~:;,,, 'l'O~~~._...-;....ii....i,.'-8..Q..._ __ _ IN PERSON. {arlitnero To July 17, 1950 at 3:30 P.l!. ;;,;?/~ y ~~~ .Jim£~,.,.,, �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 of Virginia to surnrno.~----------- T, m to appear before the Trial in said County, on 2, . .u Justice Court of said County, day of Jt:rn. sitting at'--_...,.,_.,j~ ~~..- =:.~J~ll'"'o=m~--,-,~--...._,..,,.;i,a~-~-------1 19-¾-, at the hour of __ of that day to give evidence in behalf of_t-+.,.,,..--'F,,H----,--------------------------- v. 'v 1 ---a2,.._ •...-jG'-""'v--1•~,-.---,.-'-.------- �Trial Justice Court _____ Docket No. I Jo• ;.. t.h ( V. ( Witness ( Subpoena in St. or o June 2', 1950 ~ 2 P. �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 of Virginia to summon __________ _ John B. Evans, Edinburg, Va. to appear before the Trial Justice Court of said County, sitting in said County, on 22nd at Harri sonhurg, 19__5Q_, at the h·our of.___ day ofL_~J~un~e~---- Vi rgi ni a 2----":'----'0'-'0--=-P....:..•M=-.::...• _____ _ of that day to give evidence in behalf ofL~C~o~m~' t~h____________________________ _ in the pending _ case of -~,.._..__......__________________________________ ._ v. Charles Tobin �Trial Justice Court _____ Docket No. A - 5711 I Comth ( V. ( Witness Subpoena ( Charles Tobin 425 N. Main st., Edinburg, Va. or To June 22, 1950 at 2 PM. �• \iVitness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth of Virginia to summon, __________ _ Alfred E. Eagle (Madison College) ---------------------·---- to appear before the Trial Justice in said County, on 17th Court of said County, sitting day of__ --"'-J-=ul=oL-y ____ of that day to give evidence in behalf of in the pending V. the defendant, ;it Harrisonburg, , 19.5.Q_, at the hour of__ ___,_J_._: ..,_JO~P'--'."-"'l_..,1.,__ _____ Charles case of __,,,.,_,_.a._,.._. _________________________________ Charles Tobin Virginia _ Tobin _ �~~ g ~ .. ~ ~ H. z § P> 8: 0:, ~ ; c:: 1-3 ....,_ .._, ti1 t:::I r Trial Justice Court t, ti1 H t"' H < ,t:i:l \· ~ z _____ Docket ~o. 1-3 gj Com th z 0 Ci) 0 > ~ 1-3 " 1-3 ~ ~ ti10 - .... 1--z< ( V. ( \Vitness Subpoena ( Charles to July Shetfff's paid in T. serving Tobin 17, 1950. 5711 A �TRIAL JUSTICE COURT Criminal Docket N<.' 5711 Com'th V. Charles Defendant Tobin AWDate Arraigned .\)i ' Appearance date Trial Date A �VI,....._~I A/J-,_~ ?() I~ • ~~,- -/ �Docket No. ___ 243_ 1 COMMONWEALTH ) vs. ) 7 of VIRGINIA Felony ( sodomy) ) CHARLES TOBIN Sheffey L. Devier -----------~---------,---,------P• Own {, I (X ) Appointed ( ) · d• 'C f CIRCUIT COURTOF ROCKINGHAM COUNTY, VA. ��LA'W GlE EIARJR.Jl§((J) <DFlFll<CES COJPY o . .JE!l1UJNM30 VA. Co ~ L s f.: i.t., ril 1 t + .. ou e 10, oll, J•., olo:, 10 2 Sue nt 11: fi'h o cub ,. ct lo .tlo:r 1 a f,Jlorry .nc. T:e.s co,i,.itted ,o ::.'or obseilvati n ,'.nd ort. 1aiec e 'ii o lnnl :rio·:,01"t dl- oai tion ca.:n _ t th t t imo ::;o do of :"'or ·tion n ... •oque i ctmont :t· stit mzJco "O"' ,.:10. 'C LJ0•.10 cLe pendln;:-- c.1ru."gc. or<.Lnlly, Gcm,.··;o Co.· o ,alth' ::.d a tto1'in y �yqo~· �AFTER 5 DAYS RETURN TO LYNCHBU~G STATE COLONY COLONY, VIRGINIA ~• It,< •' ..,// . ri; ·~ ~-:\ ,'\ V rur. J. Robert S •tzer Q' I . • (,.-J -~-; }~ . ' . ...,~ ~j; Clerk of the Cou • ,),~--The Circuit Court of Rockingham Harrisonburg, Virginia ��<!Utrk' s @ffitt Hon.Har~ilton Haa~ ;._1-f_?.. 'J:._!'K JUDC:.E f\NENTY-FIFTH JUDICIAL LURAY, J. ROBERT Qtirruit<!Lnurt of Jltnrkingqant <!tnunfJJ 1tif arrisnnhurg, llirginia CIRCUIT VIRGINIA SWITZER, DEPUTIES HARRY MARGIE CLERK December 19, 1950 Dr. D. _. llurrell, Jr. &up rintar d.:;n t, Lyne:_ burg State C lony Colony, Virgi ia D~ar Dr. fiarre udge Hau has ask~d me to unsw1-,r your ette:r of Decem'ber 18, l.950, in regard to Ch·..:.rles Tobin. Judge .Haas does not feel the. he has dny jurisdiction in the 1J.atter and tbereror0 feels th::, r:atte_ should be left enti ely in your hands. Yours very truly, J. obErt vitz~r, Clerk MARGARET LEE BRYAN BOWERS B. WENGER �![fnno'il aJ,TU t.,"'v;,;B lD.J • RJW.::>8 M3Ch"l.'JW B 30 nu1pa ii· o~ l ~ •niq1iif ttr1udnn Y A .. H 31.>fL,~M T3fU,;:>RA.M .r jj . ldoT ! h1~ ~ �s-711-A Report of Witnesses for the Commonwealth Month of~ Whose mileage and attendance were not collected by the Trial Justice before the end of said month. IP 11, (£-1.' h ~ WITNESSES Fel. Pro. or Misd. Days AtLdanc~ ~;,& Miles r_K•l Ju•)'~ / ~~ ~,(>(f_J- •• • 1, Mileage Date . ' Fe/ Com. vs. 1--1---1-___,/,_/1~0 I . S-o 2. 3. 4. 5. 6. Com. vs. 1. 2. 3. 4- 5. 6. All witnesses summoned all necessary ferriage grand jury. (Sec. 3512) for the Commonwealth shall be entitled to receive for each day's attendance and tolls, and five cents per mile over five miles going and returning fifty cents, to place of trial or before ���j j I �7- 17- so (Jf_j_ • nfl --1~~ !!, ~ ~ ��STAFF CONFERErCE - November 21, 1950 Charles Tobin Reg. No. FM-7239 H. M. l.!Uackenbos, M. D. ----·------·--- Clinical Director Psychologist -- 1st Asst. Psychologist -- Psychological Intern - -- Psychological Intern - --Social ,1orker --&ocial 11orker ------ Mr. John N. Buck --------------------------------Chief Miss Hannah Davis--------------------Mr. Allen Cohen--------------------Mr. John F. Hurley-----------------------Mrs. Cecelia Cromwell ------------------------Miss June Driskill ---- •--r------1 Diagnosis: ·ated Admitted Octob Rockingham f o • for an act of ps.vc fellatio, fully physic and l;{b and psybh ourt Order from and study, indicted ogentiality 21 year old, d health, free from ·sablement. Physical sentially negative d and comprehensive it a schizoid type of an intellectQal performance undetermined mental production ed that physical etiological ental organic expression attended e components are manifested in vior pattern of this patient's adaptation. al purposes the classification above is ndation of socio-therapy, recreational activities ~r study indicated by reason of the organic features manifested by tne patient in his conduct. Encephalography and further x-ray examinations are indicated. H. l.1. Quackenbos, 11. D. Clinical Director ID.1o/jpw �J TC9J ILCCf ' J19'CJ{GlJpo I. ) q:rcu,rsq· f' '° lJC:GbJJ TO~L 9Uq tnLft' tGSfnL 8 ID'9lJ:t{.G2f pii. !" 2+ncp. :ruq:rcsfsq pA L .....a q . '{.OL 91J SCf Ot uocrqu~ to if LIBJ{IIT CLO b .ffGq CC.COP T ______ · ________________ -, ., :~LJGA----------------------OJJGU --------------------- 9,Ia CJ{ upoe • LT p:p.r ----------------------------- --------------------- T • D • --··-----·----------·-----.. 0. ("" �VI GI I • : I cou·T THE C •CUIT ROCKI1GHAI.:cou 'l'Y, O 21, 1950. August Comnonweblth vs. On an indictmen-c This E..ccused, and by his accused hu vi atto thereto. to the &t of this County to deliver the Lynchburg and report The Clerk :ith b. the proper ance at Colony, ment&l of this Court certified indictmcmt in suc~1 in the his proper condition, cs soon LS the m~y be prac- to the Superintendent Virginie., for exrmination condition. is directed copies herein, feid o· is such directed, of com..-noa.ealth necessc::..ry for Ch~·rles Tobin said his cuthorities The ~ti.id rid until r•for to furnish of th~s for the order, present£ tion together by him to upon delivery institution of the & cc used su h time tLe purposes for i&fyt r.ereu on rele' as the sheriff sed on his shall t··ke recogni2hi .. into c..foresaid. COPY. ATT STE: ~£ , Clerk. ~'/1 It hereby ;;. plea c.:onfinen:ent to determine st.id iccusecjlthereto. ustody A the the t.ccused is one or core copy of the for VirginiL:., is the t..nd entered th ...t his St&.te Colony concerning sheriff ,ent co di tion ln order recogniz&.nce ·::hereupon, tm t the court Colony, to his L. Devier. And tlie ;.:,.ttorney ana observction ticcble, said ( sodomy) the cor.1:::ionwe&lth, and car:..e pursuc.-nt Sheffey o:::- feeble-minded Sreriff for o.rr&ig_ ed on tl:.e indict. !c:.S te Colony with Tobin, ney, g suggested □ entc:.l care day ca::1e the attorney Ch· rles not guilty St l. felony s 1'o bin Churle the for L.JC/]A,;;;;.;;;,..,,,v'.,:J_(/_ - U, ~ ~ t~7~ • ~~ {b-r!(~ of �I .o ( j I :t 1 n a u �LYNCHBURG COLONY, STATE COLONY D. L. VIRGINIA HARRELL, SUPERINTENDENT DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS June 20, 1952. Hon. Hamilton Haas Judge of Circuit Court of Rockingham County Harrisonburg, Virginia Re: Charles Tobin Dear Judge Haas: Charles Tobin was admitted to this institution 5, 1950. Examinations ma.de here indicate that he is definitely feebleminded and that his intelligence level is that of an imbecile. He is not considered, from the standpoint of his mental condition, as being a suitable candidate for trial. by Order of your Court October Charles was paroled in care of his mother, Mrs. Melvin Tobin, Route 3, Harrisomburg, Virginia, on March 24, 1951. As far as I can tell he is still in the home of his mother. There is a possibility that the operation of sexual sterilization will be recommended in Charles' caseo This cannot be done as long as he is here on Court Order. Please let me know whether or not you will be willing to discharge him from your Court Order with the understanding that he would be committed. inunediately to this institution by regular commitment. Wewould then be in position to start the sterilization proceedings. DLH/!hb D. L. Harrell, Superintendent Jr., M. Do ff (P ~ cc: Mr. John L. Holladay Court Social Worker Circuit Court of Rockingham County Harrisonburg, Virginia ~d ~ JR., M. D. �L... - cl �July 1, 1952 D. L. Harrell, Jr., M. D. Sup 1 t L chburg st~te Golony Colony, Virginia Re: Charles Tobin Der Dr. Herrell: Judge HaLs has handed ne your letter of June 20, 1952, that I inform you has b(?en nolle of' record and tht..t thi rel, tive to the ebove and requested that the C" se gainst Cru:rles Tobin prosequied court h s by order entered o further control in the atter. Yours very truly, J. obert Switzer, C erk �l t .., �pril Dr. D. L. Harrell, Lynchburg Colony, State Jr., Colony 14, 1952 Superintendent Vi ginia In .. e; Chc.rles Tobin Dear Sir: This is to dvise you thr...t the cc.se unc..er indic "ment ag&inst the Lbove n'med de endan.t h&.s been dismissed by order of this Court entered today. Reference Conrad, is ade to your letter Commonw....Llth' to Hon. George D. s 1 ttorney, dated April 12, 195 . Yours very truly, J. JRS:mb Robert Switzer, Cl rk �l l 'I • t • 'I l 'I �Comp. Form 18-A STATE OF VIRGINIA COUNTY __ OF Rockingham TO ANY SHERIFF r Whe,reas OR POLICE OFFICER:_ ua.LJ -1--:'-¥~a=~-"-''--''-'-"'=~~~~~-.l,lAc.......1..lS!c.,lu.....__,;z_1,L,U~l,j~,-4----1Vua., •.___,_pi::._ ...Li:q.i.;..t:e~) -,-t-,~:,:---.·i_,,._, ->.\.----,-"',.-: ...1.___::..,t',._,,, ,,.- J • Court· :\.) has this day made complaint and infonnation on oath before me, "-' (Name) --------------------- Charles of the said County, tha~--------------- (Titie) Tobin dl'd \ __ day~~ , ~) ~nally Section m the Slld County • S-c, , • > , -~ know a male person, namely,'Paul 18 - 98 of the Code of Virginia, Warlitner, against Unlawfully arltl feloniously with the mouth in violation the peace and dignity of of the Commonwealth of Virginia 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. ~~ /3 And you are also directed to summon ~ color w Address LI7--s- IJ M A / IV g Lo color Address --------------□ color Address ---------------□ color Address ---------------□ color Address ---------------□ as witnesses. Given under my hand and seal, this /J/.~ day of (Seal) �I, and at -c~--1..,___jL... M., .\t or further heard, and before any court thereafter havi for the offense with which he is charged, and shall not and effect until the char.l{e is finally disposed of or until the said =---==.-----------------fro~reof. Given under my hand, this_..,-,/~!:_,.., (1:11__ _ day of c... ~ (j 0 --i ~ 0 ~ 0 ;:r ;:r Ill m '1 c+I "< 0 [ t--' '1 e (1) (1) '"g t--'r-'· '-0 < c... {/) f-'• ::s Vl.(l) s:: {/) ;. ~::s~ 0t-3 en n s::• cr' s:: n >< ::s f-'• H:, II> 'Tl s· n "' ~E ~ C. (D "i ~ ~ ~ - f C.1 c+ ::s 8,, 1-3 0 Ill sn I-'· (1) 0 'i s:: (/) (1) Ill p., 0 t--' f-'• 0 c+ ;:r ::s (1) 0 0, H:, 0, ~ (1) 0 H:, 'i 5· c+ ;:r (1) H:, (1) 0 > ~ (') ~ z--i o' 'Tl :s: 0 9 z z ~ t:i::I ~ > tr1 s- 0 >-i ;( 0 ::s > ~ ~- ~ l:J:j (") :> I-' t"' >-i {/) --i ::s 5· c+ p. n ::s- ti) c+ ;:y g. c... (1) ti) (1) H:, --.,J 1-3 Cr. ~ ;:y ::i p. f-'• p., s· t, ~ 0 ;:y 3 I=,' 0, 0 c+ ;:y !" ::i 17 f-'• f-'· 0 en f-'• ;:y Ill ::i < t--' I-' :i,,, ::r: ... II> IIQ !" .... ::1'I ::s 0. ::s g, J ::s <+' '" (j 0 ~ ::, --i 0 E. " --i 0 E. (") 0 - "' "' 3 3 0 ::, ~ (1) ~ s~ 0 ,.,, ::, ... {/) c 3 3 0 ::, 5· :,q ~ ~ '-; ~ ... 'Tl ... "' ... "' > ., ::, ::, -., (") ib' ,.,, :,;- 0:, > ., ,.,, ., n... ... ~ ~ ib' ~ E (IQ c::, ~ .,., ,.,, ... ,.,, 0. ., ::, - 'O 0 ::, ~ ;; 0. q c.. 0:, 0 8,, ::, 5' ... n... "' "' ... ::, .,,.,, ., 0. '< 0 < ::;· ... < ::;· 0 ., .,., OQ 113. 5· ::, 'O 'O F ., F' ~ (1) r::r "0,.,, ... ... :r :r ... --i ... --i ... [0 -Y> 0. "' '< En () 0 ~::;· cg {'/) >-i {'/) -Y> ... ~5" ... .. (j 0 rv VI. VI. 0 rv •0 0 I-' N vl VI. 0 rv 0 1--' 0 0 5· ;;;· ::, -Y> I-' I-' •N _,.. "' -· 0 ~ aq ... ... c .... r - 0 (") "' n "' :\: ... ., n ,.,, n n 0 c aq ::, g 0. 0 ::s ;::;· (1) �LYNCHBURG COLONY. STATE COLONY 0. L. HARRELL. VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS April 12, 19520 Hon. George D. Conrad Commonwealth's Attorney Harrisonburg, Virginia Re: Charles Tobin Dear Mr. Conrad: This will acknowledge receipt of your letter April 10th concerning the above mentioned boy. of After careful study and examinations our staff diagnosed this case as Mental Deficiency, Undifferentiated; Intellectual Status: Imbecile. This boy got along nicely here at the Colony and caused no trouble. In December 1950 this boy's mother requested that he be allowed to return hom for Christmas and we took this matter up with Mr. Robert Switzer and he wrote us on December 19, 1950 that the Judge did not feel that he had any jurisdiction over this boy and we therefore permitted him to go home for two weeks. He returned on time and on March 24, 1951, he was paroled to his mother with the permission of the Court and he has been at home on parole status ever sinceo Reports from his mother at intervals indicate that Charles is getting along satisfactorily and he has been allowed to remain. He will be considered for discharge now that he has been out for over a year and we would appreciate your recommendations in this matter. A. ;~;:;(? llU) D. L. Harrell, Superintendent /fhb Jrt/'R. D. JR., M. 0. �0 < )' J l, ,I ) ' ( )' 0 I_ I1 C ,d 0 0 'l 0 .r .' c·. \ �LYNCHBURG COLONY STATE COLONY D. L. HARRELL. SUPERINTENDENT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS December 18, 1950. Mr. J. Robert Switzer Clerk of the Circuit Court Harrisonburg, Virginia Re: Chas. Tobin Dear Mr. Switzer: The mother of Charles Tobin has requested through CommonwealthAttorney George D. Conrad that Charles be pennitted. to spend 3 or 4 days at home during the Christmas season. Charles has made an extremely good, passive adjustment since admission to the Colony. The diagnosis Mental Deficiency, Imbecile levelp is My recommendation is that Charles be pennitted. to visit with his relatives for the stated period. I would appreciate your bringing this matter to the attention of the Judge of the Circuit Court and request him for me pennission to act accordingly 0 ,I Yours very truly, (f'\I •. , ,. D. L. Harrell, Superintendent DLH/fhb cc: Geo. D.. Conrad CommonwealthAttorney Harrisonburg, Virginia Jr., M. D 0 . JR., M. 0. �\ ') . ( �LYNCHBURG COLONY, STATE D. COLONY L. HARRELL. JR .• M. SUPERINTENDENT VIRGINIA DEPARTMENT MENTAL HYGIENE OF AND HOSPITALS November 21+,1950 Mr. J. Robert Switzer Clerk of the Court The Circuit Court of Rockingham Harrisonburg, Virginia Ref: Charles Tobin Dear Sir: Herein please named patient. find Staff note relating to the above At this t~ne Charles Tobin continues to make a quiet, cooperative and passive adjustment at the Colony and continues in good physical health. No overt special behavior manifestations or traits in reference to sex perversions have been observed or recorded. It is desirable in tne best interest of the patient I s welfare that our studies s ha 11 continue. I am, D. L. Harrell, Superintendent Q/jpw CC: Mr. Sheffey L. Devier Attorney at Law Harrisonburg, Virginia Jr., M. D. D. �� 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 Charles Tobin Subject The topic of the resource Sodomy Description An account of the resource Defendant charged with sodomy Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1952 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_016_015 Tobin https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_015_010_comomnwealth-v-charles-smith.pdf 62ad2e50542b7425c9d8dccfe97343d9 PDF Text Text 6 Arrest Warrant · The Commonwealth of Virginia,} T . Rockingham County, o-wit To the Sheriff of Said County: Whereas, George D. Conrad, made complaint and information of the said County, that 0 30th n the feloniously unmarried female Du Bosq on the Du Bosq, on oath before me, October· and have of previous aforesaid against J. Attorney C. Swartz, of said County, has this day Clerk of Trial Justice T. J. or J.P. Court Charles Smith -=~~-~------'--------'---------------------------day of seduce Commonwealth's the , 19 illicit chaste 48 , in the said County, connection with character, _having promised day unconditionally form of the did unlawfully statute one Alice to marry her, against Du Bosq, the the peace the said and an said Alice Alice and dignity of the Comrnonweal th. These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring Charles before the Trial Justice of the said County, the body of the said·-------------------- __________________ Smith to answer the said complaint and to be further dealt with according to law. Given under my hand this ____ Memo. of Commonwealth 1_3_t_h __ Witnesses: Name Address Anna May Lam --------- Elkton, Vi~gin=i~ac.____ Ella Lam EJ kton, Virgi Ernest Wilmington, Meadows ------c#'---- _ • Delaware·--------- - --------------- �JUDGEMENT Trial Justice Court Criminal Docket No. A - 3709 J(Qlp Upon a plea of guilty, this defendant Charles Smith is held for action of the Grand Jury. Given under my hand this 12th day of August 1949. Commonwealth vs. { Arrest Warrant Charles Smith I, Charles Smith, the accused mn the within warrang============= in open court before the Executed the within warrant by arJudge of the Circuit Court resting and delivering the body of of Rockingham County, Va. this 27th day of December 1949, do hereby waive indi~tmentCharles on said charge. ------- WiF~n:e~~~~ , Issuing Justice's Fee $......1.00 ..... Clerk's Fee $....... ;L..~·~·~······ Trial Justice Fee $......?...99.... . 5.60 pl ileage $.......1.~)9. ..... Summoning Witness - $ ...... .l.-.~.5.9 .... Witness Attendance 0 ~ 0 1.50 Arrest and. 0 g. ~ en· \ \ ~ 8N~oo"" l""t o :;:d 0 n "' 5· l)Q ::,- and Mileage $......... ..5.•.40. Commonwealth's Attorney $....... ?..~5.0...... Jail Fees $....:...... <.~':?. ______ $ ...................... . " ..3 Officer's Mileage ,.... Total ::, ..'J - - - $...?.~.~ .... ?....... b:.IUPLL Trial Justice £ Miles travelled by officer ..2.. .. Miles carried prisoner ..3...J ~ . Total mileage 7..0 .... - .. 8-70 equals 5.60 0.. l""t 0 :::::r(1) 0 "" �?L~JJ· c~ 7/rrn-~ t �tt- I i tt- - -t-- __ ..,__ t- �Docket No. ;? ~ 4f · COMMONWEALTH DEG, 1949 of VIRGINIA ) vs. ) Felony ) / CHARLESSMITH ? c;- ( seduction) OtV WAR RANT" ~J~._JK~.-----'H~i~c~kmlli;;a~n--------:-=-=-:i---,~---P•d. Own ( x) Appointed ( ) CIRCUIT COU_JT OF RpCKINGHAM COUNTY, VA. -J1i ;. ,'v,~ • ��VIRGINIA: Il'J TI-ill CIRCUIT corn O~Trs.ALT:! OF VIRCI COURT OF ROCKirGHAr.' COUNTY: :IA vs. C1 ,ARLES SMITH This day co.me the and by counsel, and ass~gned motiori 1'7, ment eight to 1950, set dPfendant, the Charles following as.i.de the ve:::1dict of the finding hir: i:,uilty at confinement in the as the jury in person grounds retur·1ed of seductio11, State Smith, and Penitentiary 011 Janur-ry fixing for of his nis punish- a period years: That the verdict of the jury is contrary Tt2t the verdict of the jury is contrary That the verdict is (1) to the law; (2) to the evidence; (3) a~d the evidence, contrary end is without to the law evidence to support in admitting certain it; (4) That evidence offered of the fenda~t by the That the Is Motion clusion of the (6) That structions tain court erred Commonwealth over the objections accused; ( 5) ions the court to the court by the in overruli tLe evidence Commonwealth's offered of the strike erred erred 1g t>e de- 1 at the con- certa n in- case; in civ!~G Com-nonwealth over the object- accused; ( 7) That instr 1 the 1.etions court offered erred in f ai lin, by the accused., to give cer- of ��COMMONWEALTH v. CHARLESSMITH CHARGETO JURY If seduction, and fix for as charged his a period If no more. you find the Charles in the warrant, punishment at confinement of not less you find accused, than then Smith, you will you will of say so in the penitentiary two nor more than him not guilty, guilty ten years. say so and �1 �INSTRUCTION The court lieve from had illicit yet they Alice whether the instructs evidence with must find hi~ not DuBosq, nrior to defendant - the beyond connection by the NO. said or F jury that a reasonable Alice JUilty promise another. Dubosq if they although doubt under believe of marriate, they thBt promise that had the may beaccused of merriage, the been said defiled, ��INSTRUCTION NOo instructs the The court the prosecutrix October 30, fendant's of her had 1948, prior as 1 s earlier jury intercourse charged pronise own passion, prosecutrix sexual b in the of marriage, you should intimacies take witn that in deterninin5 with the defendant warrant, or into the because for the whether on of the gratification consideration defendant. the de- �.. �~o. /_) IHSTRUC~OtT The court U eve from the had illicit marria1-:e, evider,ce co11necti0'1 bA lj eve chaste the beyond with and may be have of previous they iDstructs that reasonable 2. the jury prosecutrix thcu_;ht c:1.aracter, yet s;-ie vrns unchaste at at they the the althoulh doubt that under promise time must tirr:e they that find of said she him not may be- the accused of vas a femal guilty seduction o if ��I INSTRUCTIONNO. The Court from the evidence proxecutrix character guilty. her beyond at the under time of her by the prisoner promise the jury a reasonable was an unmarried she was seduced with instructs that if doubt that female of previous alleged seduction, by having of marriage, then you believe the chaste and that illicit you should connection find him ��INSTRUCTION NO. The Court instructs the jury that accused on the uncorroborated testimony DuBosq, yet the of the if circumstances beyond is substantiate a reasonable her doubt truth convict of the prosecutrix, accused testimony of the you cannot and other Alice surrounding so as to satisfy of her the your minds statements, then this sufficient. The Court that admissions while the without further supporting the evidence instructs evidence the jury of the prosecutrix or circumstances but such facts upon the essential elements of the evidence it the to say whether for jury it is not necessary be such as would be sufficient supplies is that it as tend offense is to convict sufficient to support such and where there she is if is corroborated. it testimony such ��INSTRUCTIONNO. The Court upon the Commonwealth reasonable thereof, instructs doubt charged necessary for to prove against the mistake or to do more than as a whole reasonable reason, doubt. that good reason is, accused to entertain. which resting beyond material element does not mean that the or beyond the is the burden guilty to establish satisfy A reasonable a doubt accused accused, certainty the that and every the Commonwealth to an absolute jury the of an offense accused evidence the all jury guilty guilt all it of the possibility that of upon the thereof beyond all is a doubt founded on the holder thereof doubt is can give ��INSTRUCTIONNO. The Court is instructs a question the exclusively for to determine from the their manner of testifying, their testimony, intelligence in the result surrounding witnesses of the that the appearance their or lack jury the apparent jury; if credibility and the jury of the witnesses reasonableness candor of intelligence, trial, the have on the the right stand, and consistency and fairness, their the interest any appear, of witnesses and from all other appearing on the trial, determine are more worthy of credit and what is the relative and to give credit apparent of the witness circumstances of any such testimony, of accordingly. which weight ��I The person this with crime by the presumption of and apnlies having heard all of as to any fact indictment, the of doubt, }!JI. it to the the is and find their every of to duty him not the five guilty. the the ~r the upon charge and throui,,,h jury the the the after bas whole agai~st accused is doubt/ and if, case, ever:,,~ guilt accused thereof; t~e presumes ~:1•1 reasonable the accusea prove to all with in the until stage evidence esste,tial that beyond goes at suilt jury be innocent innocence case, doubt the Commonwealth entire sona~le 1~0o coc1.rt instructs charged establisbed J' STRUCTION area- case, him in benefit or the of ��INSTRUCTION The court defenda'1t offe•1se not with guilty which instructs if NO. the jury you believe the defe'1dant is /< le=' that from the you must find evidence char 6 ed was not that the the cornrnitted in ��INSTRUCTION convicted other The court instructs upon the testirrony te sti~10ny. arrount of corro½orating sufr·icient, which it i thout the does must not not that the the female undertakin1:. tells emanate jury of the testimony, court rest the (!_ "JO. seduced to indicate which "nry t; flt it upon her credi+ility, case .,,rnt cannot be unsupported the in this from the mouth of the wholly accused by precise would be oe evidence seduced female, that but must be such lflr/tl evidence as adds to, strengthens, confirms R;:Fcorroborates her ~..r 7 "1o ). ��INSrrRUCTION The court evidence DuBosq, that the defendant as charsed the defendant not defendant did not, marry said the )/.;✓. instructs the Alice prior jury that had illicit in the warrant guilty NO. if DuBosq. in this act you believe intercourse you believe to the if case, from the of intercourse, with yet from th Alice you must find evidence promise that to the ��Unit_J/~--------··--···--··-·-····-··-···--- PrisonersReportof Rockingham CountyJail Address -·--··--·······-········-······-····-········--•·• -•--··---·..•--····-······--·······-··············---···••·••·---···-·-·······••·••······--···-····-······················ Male LFemale .. ... Age Separated -Widow_ Amount of Fine .£..y .Race. .. Widower..·--···--· ·-··-- Cost_._ Federal--···---·-·········-···--······ ArmY---··· High Sch./~ ·----··-·--Sentence Time __ .Navy--·-·····--·····-··········--···-·· Others FeL--···~·-·--··-······--·-- .. _----·•----·----··--·····-----·----·-····-·-··---·· ABC ___ .......----···--·•--·••·-····--·····--· Ins. ---·····--····-·--····--·-··-···--·-···--·· Date Committed Court Committed Transferred rnvomd ........... . Illiterate _____ .._..._..... _ Gr. School .A...~-··-·-··--··--··--··-··-········-·-··-•···-·········-·-· Miscellaneous ~-f/_--:-::_()..tJ. __ Date of Trial... ... -,---·•--·---·--· __ Date / of Release ---···-·--···---····--······ ...-...··-·· From --····----··-·--·---····-··-· ·-·•-·•-···--•-··· -·-·----•-··-·-·-··--_.___ Type of Court--····-····--·..·······--·-····-········ from. _______ -···----·----·-··-·-·--··---·----··----·--·····__..Transferred Reason for Transfer Physical ~anied County_ .. ----···--···--···--···-·___ CitY-----···--·-··-·--·-·..-·······-······- Town --····-·········--········-·-... State--···£/.-. Offense /s;ngle To ___ ·---·-·--·-·--·--··--····-·-··-··---···-·-····-····-··---·· ..-· ---······-·····-··-·····-····---··· -·-·-·-•···········-········ ..······-·"··· .....--......... _...._.,.........._._ ....--..,....._··-··-··-·········-- Condition ···············--···· ········-·..-·-..·--··--·"······--· ._._Contagious Disease, If Any __ .. ·--·-·-···--······· __-··· ···-· ... ··- ······-•·•····..·-··--··· _.,_.,.,·- _-···········-··· Deputy and Jailor. -·--·-·--·····-·-····-·······..·········----·--···-········ ..····-..······ -----··---····-----··Sheriff ��DESCRIPTION Last kno'j "!':_ ~ ___________________________ ·_______________________ _ addm, ______~- Color ____/_(_______ OF PRISONER ___ ~_,7-'___ Height_ __ Eyes ___~______ Hair_ __"75'1\ _____ Weight_ __/._4- ___ Marks ________~ ______________ ,____________________________ . ________________________________________ _ Age ___,:2__ ___________ y Occupation ________ u~ Date o~;~~--!_j_-/d_lt>__~ t~ __ .. ____ ·----- J ,- . ------------------------- ____________________________________ • _____ -- ---- ~ @?t! Result ___________ -------~---------------------------------------------------------------------------------- - �~-~-~------------------------------------------------------------------------·- �DESCRIPTION OF PRISONER u_J~---- =--------------------------------------------------------------- Last known address _______ j:-=_52 Color_ ____]_~ Height_ ___ Marks _____{S)_/'f . ______________ --·-- _-- _ ---- ---- ---- __ Age _____'Jc-~-________ Qate of TriaL_/_ -~-j_b_~_J1-- Eyes __~-- Hair__ ~-- Weight__) ~ __ __ .,j.g.yt-- _-_z ______________________________ . __:'_ - ------- ---- __f!_ __~ _ --~ - ____"} __t/___:-__'k/?_MJ,J ____---- ---- Occupation ____ Result _____________________________________________________________________________________________________ _ �' �.Ii 3709 - Report of Witnesses for the Commonwealth Month Whose mileage and attendance of_~A=u,eg=u=s~t _____ l9__1t2_ were not collected by the Trial Justice before the end of said month. r.4,rcv, ~ - ..,v-/) - Fe!. WITNESSES Com. vs. Charles Pro. or Misd. Miles . Trial Du Bosq, .l!.akton, Va. Justice Mileage Total Date .L2-49 (j 1 1. Alice 2. Anna May Lam, II 1 3. Ella 11 1 .. . Glerl<: fel. ::$mith Lam Attendance Days - .su cb l.JO $1.50 .so 26 1.30 1.80 .50 26 l.JO 1.80 4. - ----$5.40 5. 6. ---- Com. vs. 1. --- 2. 3. I 4. 5. 6. All witnesses all necessary ferriage summoned for the Commonwealth shall be entitled to receive for each day's attendance and tolls, and five cents per mile over five miles going and returning grand jury. ( Sec. 3512) fifty cents, to place of trial or before �'.... t. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ~ .....~ ..~················ Yott are hereby commanded to s1tmmon..... to appear before the Judge of the Cirrnit Court of Rockingham County, at the Court House thereof, at 10 o'clock, a. m., on the./b. say in behalf of the Defendant ~c;:.....c..c-y- ......19-J..~~to testify ..•.day of. . .. and the truth to in the prosef:ttion of the /;017Jmonwealth against....................................... . .................................... ~ ..<:d.~ ..................................................... . 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 Q,~~ er day of ... ... 19-)~ _ and in the /7-ff year of the Commonwealth. ~~~,~LL.,;'~ /i..~. �~ ~ \ ~ \ t ~ COPY~ THE WITHIN----~-'_ ~XECUTED/-//..,6--_Qr.NTHE COUNTY01'· ROCKINGHAMBY DELIV~IUG A TRUE ~ V ~ -. tr ��.. �r---------------~-- ���.. �'•) R.,,..•: ~ ,;g ~/ . ~ _...---..... - . • ��Trial Justice Crimir.al Co,_1rt Docket No• .4-...E 7or Com1 th v. Charles AW Smith Date Arraigned '!'rial Date 7- IJ-- ¥9 / _,,/d- F-11,-1/9 2.~ 1/J~ ' / Ona plea of guH ty, held for Grand Jury. �AW 1 TJ 3 to GOO:onrad ��� 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 Charles Smith Subject The topic of the resource Felony Seduction Description An account of the resource Defendant charged with felony seduction Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1949 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_015_010 Smith https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_011_commonwealth-v-charles-samuel-brown.pdf 99dbf62a14cc52456245b68148bd0464 PDF Text Text COMMONWEALTH OF VIRGINIA, COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand jurors I of the Commonwealth of Virginia, for the body of the County of Rockingham, Circuit their court oaths of said County, do· present that at its nity and murder one Alexander and B. L. Kiser, the grand jury LAWRENCE H. HOOVER ATTORNEYAT LAW HARRISONBURG. VIRGINIA term, the 1945, upon county, Bell, unlawfully against and feloniousl the peace and dig- of the Commonwealth of Virginia. This indictment lender February attending Char 1 es Samue1 Brown, on or a bou,t the 17th day of March, 1945, in said did kill and no in and is found upon the testimony witnesses to give evidence. of Sam H. cal- sworn in Court and sent before �} MTIIDER Indictment COMMONWEALTH v. Term, 1945. ~ \ Jorema.n CHARLESSAMUEL BROWN Felony: February ~- A True B111: c/ 1. Sam H. Callender 2. B. L• Kiser Witnesses: ✓ -c Lawrence H. Hoover Commonwealth's Attorney. �Arrest 6 Warrant The Commonwealth of Virginia,} T •t • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: L_a_w_r_e_n_c_e_H_. _H_0_o_v_e_r_;,_C_o_m_'_t_h __A_t_t_o_r_11._e_y ______ Whereas, ___ of said County, has this day made complaint and information on oath before me, __ J_._C_._S_v_,a_r_t_z_,_C~l~e~r_k~~o_f_T_._J_._C_o_u_r_t __ _ T. J. or J.P. ----'8'---:J.=m'--------"B"--=r'----o-'----\'1-f-"'Il=---------------------------- of the said County, that _____ on the __ l_7_t_h_. ___ feloniously of the kill ~_••!I_a_r_c_h ____ day of __ 9.fid Commonwealtl: murder of , 19~, one Alexander in the said County, Bell, again~ t did the unlawfully pence and and dignity Virginia These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said ____________________ _______________ _ S~a~m Brown ___________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this ___ Memo. of Commonwealth Name 2_l_s_t __ _ Witnesses: Address ---- ----- �TO-WIT: indebted State of ) as to to the and .................................. . of Rockingham, themselves and for the County have this day acknowledged County at That the said appear before the Trial Justice Court of Rockingham to be made and levied of their goods and chattels, yet upon this condition: ..........:.........as his suret OF ROCKINGHAM, of Virginia in the sum STATE OF VIRGINIA-COUNTY Commonwealth which they severally waived their exemption, u 0 8 8 C 0 8:: <I) ~ ...c ..., 1 0 z..., <I) u ~ 0 Q C cii ell ..., C ell .... .... ell ~ ..., V, <I) .... .... <1:'. '--r-' ,,; > (.' ~ ell >-...... 0 ..., >- ..0 <!) "O 0 ..0 c ell t ell 8::...c .5 ~ 8:: ~ ,..c C ...,..... ..... .... (1.).:..::: <!) ...c ..., "O C 00 ell 13-g ;5 U <1J ><:..... <I) .... i:i.l ~ 1j i.i:; C <I) I I I I vi- 0 ...... >ell "O vi- "' :.a ..., o: ~.. vi- T I. ...... 1°' oi V, "' <I) vi- 19.. e: ~ .... : I .....,; ~ <I) C _.., ..... ~ <I) µ.. r: c M "' ::, ell u ..... _.., '"d C ~ <I) ell 00 <I) <I) <I) "' -~ _.., ~<!) µ.. <IJ <I) <I) "' ::, µ.. ...... V, (\) r-' V, (\) <1:'. U) n 00 "' ...... _.., Fl C ~ ·5 .... cii ... F.1 ·;::: .... '."1 "' u ..... 00 <I) <I) 00 ell j ~ V, .... u <I) ~ :~ ij:J 0 I I : ~ "' :a _.., I cii <I) 8:: C ><I) .... <I) u ij:J 0 >..0 "O v~ .... <I) C 0 <I.I ell 00 ~ "' ·;::: 0. --0 <I) ..., r-' .... :§ "' ::, ...... -~ ·e t -~ cii ..., ~ r-' 0 ell _.., - vi- ~ ~I .. j ell u ~ "' .... ..., ~ vi- "' ~ I I ~ ·: ~ "' <I) <I) µ.. 0 - C "'ell "'"O <!) 8C 8 C) ot ·@ U<l:'. ...... sv C ~~ u ell "O C j ~ ell <I) ~ ....................... ............................................... :., 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 of, then this recognizance shall be null and void, otherwise to remain in full force and effect. ::, ..., .... 0 u <I) u ·.:: V, ::, ...... ~ ·;::: r-' ·e ·;::: u <!)~ 00 .... ell ...c u .i ...c ..., -~ <I) ...c _.., ...... 0 00 C ·;::: <I) <I) C ·- Given under my hand this, the .......................................... day z~ ~ ~ ~ C) 0 :> I-) ...c ...c ..., 0. 0 ;:J �JUN 19f$ G0Mri10NWEAL TH v. ) Felony (murder} #1 CHARLESSAMUEL BROWN 7/t,//;/J- "yd /J{/l//v r / r f - ;,c/ i:-~ Jc(J �-- �COMMONWEALTH v. ) Felony CHARLES SAMUELBROWN -- #2 (robbery) �Ii �----------~ _ ~----___;----:---------------.____COMMONWEALTH vs._ (1:... ____,.- e,vtLu, DESCRIPTION Last known address __---~-~-_,_)(_~ Color_ __~ da.-v~ "1c..a-w-Yl-- OF PRISONER ___________________________________________________________ _ Height_ ___;,_~-:--7____ Eyes ____~--- Hair__~---- Weight__/J__f? ______ M"k'---------~~----=--~---k/--~-~---- J_/__________ Age _____ Date of T riaL ___ Occupation ______ Q_~ p-f - -'2-,.- f 7 I./_j - __________________________________________________ - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Result ____~ c;I ~------------------------------------------------------------------------------------- ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded lo summon...................................................................... ·-······························································•·········- ~::::::::::::::::::::::~::::::::::::::::~::::::::::::···4~···.1t.d.J!_J:~::::~::: to appear before the Judge of the Circuit Courttf, ~Jk~n~ham Count)), at the Court House thereof, at 9:30 o'clock, a. m., on the.~ ..~.day of the Co"},mo;1we~ .......................................... ~----·················•·--·························· - And this )Jou shall not omit under penalty of £ 100. day of .... ~~B~RT SWITZER, -r=r Massanetta Paper Co. Print Jg_d_~ against................................................. . ~ ..................... ~ who stands charged with and indicted for a felony Witnesszt testify and the truth to of.·-rJ-·~··········19!.:/..~ sa)) in behalf of t~rosecujBn And have then and there this Wr!t. Clerk of our saidµ -.2 al the Court House, the....... ~..\ »;;!t_~zA::::;z;cf-Clc m FORM NO. 5 �""'XECU7?D/~~--~Yfrn \ \\ rr~ ~ THE COUNTY OF : ,:::7 al;, 'l.dt. RSON. V l. ~ ' " ~ ..... ~ , ~ ~ 6 / ~ R•-~Kl iJ I: 'l BY DELIVt:RING A TRUE ��--- ----------: �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon.............................................................................................................................. " :: :~:ae::c~::~~e a~h:~u::et::.t. 7 ~c~~: C:f~~~.~~.~~.~~.~~.g to testify and the truth to say in behalf of the Com .•. ~.~u~t~.:.~~.~~:.~~~.~t.~.~~~e1:zc- o wealth ···········~#'~ ainst ................................................ . ..··.····~···_= who stands charge[~.:r~~d··~~~i~cted for a felony misdemeanor. And this you shall not omit under penalty of £100. And have then and there this Writ. Wi ess, J.ROBERT SWIT~R, day of.... ... ~ THB SERVICE PRESS 7 ............ , 19~ Clerk of our sai~urt, and in the 16..~. at the Court House, the .....~~. year of the Commonwealth. ... ..... ... .... &:.~~. -Glcrk ��Trial Justice Criminal Court Docket No. Commonwealth vs. am Brt')wn • W. rrial Arraigned .$- J 2-- </S- 'f - f - 'f :> ~ (f H/ ��6 Arrest Warrant The Commonwealth of Virginia,} T 't • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, __ S~a=m~H~~~-~C=a~l~l~e=n=d=e=r~,,.__,S~h~e~r~i~f~f ____________ made complaint and information on oath before me, l_7~t~h~ __ C. S\113rt z, Cl erk of T. T. J. or J.P. .T. Gour t. ~S_a_m~B~r~D-WD~------------------------ of the said County, that ____ on the __ J. of said County, has this day day of __ ~M=a=r~e=h~---'19~, did unlawfully, in the said County, feloniousl: and maliciously_comm.it an assault uoon one Alexander Bell with intent to maim, disfigure, disable or kill, and him, the said Alexander Bell, did then and there unl~wfully dignity and feloniously strike, wound and ~hruiae, against the peace and of the Commonwealth of Virginia These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said ___________________ _ -------------~c~_B.r.own __________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this_~l Memo. of Commonwealth -9~t~b~--- Witnesses: Name ----------- ---~--------~---- Address --- �n 0 l"1 SU " ::, 0 8 o.::J ~ '§ s:-g-g -·<> C is-" > ;:;· :J::," ::, " P.., JUDGEMENT "::, Trial Justice Court C ::, p.. ".... 3 -< ::,- Criminal Docket No. 692 'Z "::,c.. Upon the hearing of.the within charge, Commonwealth "' rt g_g~ ...... ~g..~ SU -ro,.,.::, ~ n fL-g ::, ,.,. l"1 ~,; (1) rt n rt ;:;-o C <> ::,- ('t) -< " Executed the within warrant by arresting and delivering the body of Fine - $ Issuing Justice's Fee $....................... Clerk's Fee $................. Trial Justice Fee $........... Arrest and Mileage Sum:n;:ming Witness Witness Attendance ~ g-p..: ::, ...,< ~: o..:r-' ........,: : I cy r' 0 - $........................ 3-8-:~: ~~ ~-: "' s- "' Trial Justice ::,- p.. st;;· p.. Q..u, ~ l""t n· p:i :, ::::f'D -< (l '° ~:g•-g: ::,;;·g_ "" ::,- -· 3" p.. " -< ~ 2:'a:; r::r "' ::, C ;f n 3 ::, ::,-,, rt !S:' . " () 0 C ;:! -< "is-" ::, o' .... 0 ~ rt ::,- "() " "" p.. " "' 0 C ::, -< " ~ ..... 0 "< " 5· " "' ?. >-I ::,- 5· c.. s- c.. "f; O" ;; " " 0: rt ::, n " s.... g: ""' "p.. -< " 2.. c.. ::r-,.......;:o 0n 0 (l) ::, n 0"'::, / rt 0 Cl. ..., ... ... ~~-~ ~••••••••• ~ s·g ::,- ..... ~ ~ ••u•••• ½ "<: "' t"'II. "O ::, 0 : Total mileage >-I ::1 ".... "' " ;:;· g..g-< O" 5· £..S-...,.... ~n Miles carried prisoner 0 ::,- ~ Miles travelled by officer "' C .... " ..... rt "O "O 0 "' o' "" 0 ~ Officer's Mileage -~ 0 rt ~ ::,- ~ rb ... > t;;· c.. ::,-::,-o o t"t ,; rt $ ........................ ;r: " ;:, "c.. ".... """' 3: >-I n ::,C-< : g_"gg : E ;; -o 'i: "' n -· S-n> 3 . ~ F ro n ;:;· -< "'-· "() ~C ;::, ""0 'O "' 0 0 "-·;:,-· ::,~: C ::, day of $ .................. -.... $........................ C) rt and Mileage $...... Jail Fees z n· en: (ti~ $ ........... $ ............ :;,:; () IJ0. C. ~§. ':--' / ~--,.,.: n 8 <: n .... ~ pJ: ::J. :-l ()rd ~~ ~ ~ ~ Commonwealth's Attorney Total _ 0 • r, C: ro:, 0 'Tl ;:o 0 "c.. n ~,;. ('t) 5· F "::, " '"1::, ~~u~ before o..::r ;:::::, CO..., z >-I -<: c.. " O'Q ..... ...,. .......... t'D I 0 C: "3 ~-~. g_~::, ::, D ::, "::,.....,n "' () ► () O" 3 $~. g_,o 0.. ;:;· ~ §. ",,-< g Oo~~ ..., ~o ~ 9 z ">< "r: "3 3 .C..3 ~ 3 ;:: ~ ::,- 0 -· D SU l""t ....~ ::, ::,- Brovm < s- s- 5· ";:;· 5- ('ti 83..Dl 'Tl ";:;· ".3. ::, c.. " ,:;· SU l"1 "' 0 F' " !::.. -<" < ::, ~ r~ s~ "c.. -· 0 CT:, r, ::, ;:... 0..... 0..;f::,n Arrest Warrant ~ .... " - ....::,-c.. cr-" ('b SU " "1 D -n ::,- -< " "' > ;t < ;:;· "" 5· 3 0 <: " ts- anc..;r 8'~ { vs. ~ ..... ;:;· 3 ::,- C) en >-I 0 () ::,- 0 • p... rt ~ rt 0 0 s- " ::, r ;:o 0 n :,;-- 5· ::,"" " .El w ",. rt 0 ..... �COMMONWEALTH OF VIRGINIA COUNTY. OF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COUNTY: The grand for jurors their l?th Court. of said oaths that day of March, 1945, Alexander by actual fist and feloniously cents ($3.20) in current ~he will ATTORNEY AT LAW jury to give fear, and violently poker, and three money of tne United States Bell, Bell, Bell by striking did unlawdollars twenty of America, of from the person then and~there, and in the County aforesaid, did steal, take and carry of the Commonwealth of Virginia is found upon the testimony evidence. 1945, upon to-wit, him with a stove witnesses the and him, the said fonce and violence, the peace and ~ignity and B. L. Kiser, the grand HARRISONBURG, VIRGINIA make an assault, of the said Alexander This indictment term, upon one Alexander of the said Alexander {eloniously away, against and now attending February County, on the day and year aforesaid, unlawfully, lender in said in and Samuel Brown, on or anout,the put in bodily the goods and chattels to-wit, at its aharles and beating fully and against Rockingham, and feloniously Bell,. him with his of Countyl no present did unlawfully LAWRENCEH. HOOVER of the Commonwealth of Virginia, the body of the. County Circuit ..., of Sam H. Cal- sworn in Court and sent before �ROBBERY A/ Indictment COMMONWEALTH v. Term, 1945 , Foreman CHARLESSAMUEL BROWN Felony: February A True Bill: ~4 ~ l. Sam·H. Callender 2. B. L. Kiser Witnesses: ✓ Lawrence H. Hoover Commonwealth's Attorney ~ � 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 Charles Samuel Brown 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 1945 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_011 Brown https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_018_021_commonwealth-v-charles-lester-zirkle.pdf c132e9d36fdbc781e157696ae90ed10a PDF Text 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 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 Charles Lester Zirkle 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 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_021 Zirkle https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_019_commonwealth-v-charles-leonard-wean.pdf 5b2beba7c64d11d26bc2aa9b57c78dac PDF Text Text INSTRUCTION NO. The Court believe the instructs the defendant indictment in this which one of said defendant lesser guilty case, offenses the benefit offense the jury that even though of one of the offen~es but have a reasonable he is guilty, of such doubt to which said (!__ you should and find doubt attaches. you should charged doubt give him guilty in as to the of the �I I �INSTRUCTION ---/ The Court fense instructs of malicious disable or kill, and an intent shooting the the offense disfigure, disable ther and unlawfwl had resulted, gu.il tr shootin~ the jury shooting connection denends upon whetter of the act further instructs and bat:.ery, or kill, the to intent to maim, the Court between or not, in- fur- malicious if death would have been jury neither nor nalice with that must be done with tne difference The Court aisable shooting that or wans laughter. both malice or kill; shooting in which the of- to maim, disfigure, disable the the perpetrator of assault to constitute intent of unlawful ffialice, that must be done with of murder the of_'ense disfigure, with or kill, but without instructs jury to maim, disfigure, constitute tent, the that to constitute an intent need be present. to !!laim, ��I:~S':!:HU CTION The Court to the crime implied. only is used anger, hatred motive and revenge, It an action tention, is flowing an evil as to carry duty therefore, m~lice implied act of nalicious of the shooting companied ~ unlawful to ill shooting, ~hen the by circumstances or not and un- ill but is to any intended any V'ic 1ced and corrput plain and wrongful with such indication and deliberately however malice of a heart bent on mischief; shooting sud en. is ~resumed has been of nalliation. in- circum- by law from any wilful, a.gains t anotner, charge every has been attended of social and cruel and includes mind and purpose regardless express sense or persons, fro as applied may be either but in them the is malice not confined oerson where the act stances that in a technical motive. done with jury shooting one or more particular to denote the of malicious It justifiable instructs Thus, deliberate on a from the act Droved and is unac- ��~-----------,--------------------~-------------------------- INSTRCCTION The Court intend that consequence instructs which he does, of his own act. tne _j__ jury or which that is a t;lan is the natural taken to and probable �_____ _______.,---- ---------- �INSTRUCTIONNO. The Court they could charged, able for find not less the acts either intent that, guilty with upon the of the intent offense indictment, therein to maimldisfigure, dis- in the penitentiary than or, one nor more than charged aforesaid, be confined five of assault or confine jury and punishlil:f':1"tt him by confinement months and fined both. the prisoner therein more than guilty the or done maliciously or kil~ with instructs A- ten years, were done unlawfully, the accused could,at in the penitentiary years, or be confined they believe but not maliciouslY, your discretion, not less in jail if than one nor not exceeding not exceeding ~500.00; or you might and battery, and fine him not exceeding him in jail not exceeding twelve months, find either, twelve him $500.00, or ��I.? INSTRUCTION NO. The Court instructs cannot be convicted herein unless you believe doubt, first, that the of any felony from the the defendant witness with that the time he did shoot at to kill, prosecuting the gun introduced permanently witness. ~ jury that the accused charged in the evidence shot case indictment beyond all reasonable and wounded the prosecuting in the evidence, he did so with maim, disable, in this and second, the intent or disfigure the said either ��COMMOifWE.ALTH vs. Felony (fa) CHARLESLEONARD WEAN L e.t' .. t I t ii' ' 7 _,,-C....~<: (' • ' _,,1!,.<,,,t..,., ,, _. 7 tr V'i ... t ,. I 'Y. 71,,/'r , ' /)t {r- I / c-1 et!' t~.,., 'ti, -1i • I " ~ I,/ I t,?.1!.. ,d'<,~t- f I V I �( r ~ "f J. l fj '7- ~~~ ~~~ ~~~ yrJ,j ~ ~--;?! ✓~ /(-~-~ /U/✓11£1 ~ 7 er~-~ 9 /Jr:#/✓ 11 /t? ~/Y'~ I( ''l/ J---Ar~ 71;' ?-. ✓~ Jv?O~ ��8 J ������6 0\ ��l:Z· ~o~-V'=, ~;y~ .... ������9 ������6 ����8 ����6 �IN T E CIRCUIT CODRT O:J HOC{Il:GHiu.: COUNTY, VIRGINL COT·1 01:vn.:;LTh ) ) } ) ) v. CHARLESLEONARD V:Ji:AIJ If you find malicious shooting, ana fix his period charged by confinement you will not hundred find in the ishment by confinenent months, or by a fine fine you will nor more than five exceeding say so shootinp:, his a period of not or, in your discretion, months a as shoot- punishment for twelve for of unlawful say so and fix years, of ten years. him ~uilty penitentiary find him guilty indictnent, less than by con- and by a fine in jail not you v,ill for exceeding him not of either of assault then anc: im~risonmen you find indictment, guilty in the ryenitentiary find him guilty charged such ,ean, not ex- dollars. you do not but If ATTORNEY ATIAW charged, in jail both HARRISONBURG, VIRGINIA but in the Leonard him guil t.r of T'lalie ious indictment, finement aforesaid, one year find nor more than If LAWRENCEH. HOOVER than one year five in the by confinenent you do not in the Charles as charged less as therein ceeding accused, punishment of not If ing, the CHA GE TO JURY and battery, felonies as further say so and fix a ueriod five of the not hundred exceeding dollars, his pun- twelve or by t. guilty, you \•·ill say so and no more. �I ,_ �INSTRUCTION No.~ The Court , lieve instructs the from the evidence Charles Weaver without shooting the accused having just to wound the /(\A Lie of me.ii<' i~as 11 n ts e¥ that malice said eal:1Nrf al even though the accused cause, towards Weaver, shooting. shot but that was so intoxicated or entertaining intention that jury you be- and wounded at the time of said as to be incapable the said you cannot Weaver, find of or an him guilty ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded Greeting: to summon ............................................................................................................................ . :: ;~;;:'.c~:::eat~:u::e,::'1J"c::: C:futt.of.Rocki~mA ~~untv:•t.the~outt:ous\t:;;f: to testify and the truth to say m behalf of the Commo::~~2.amst .•..··.··.·.·:.·.··.··.·.·.·:.·.·_-.·.·.·.·.·.·.·.·.·.·.·:.:.· ..r:Aai£.::.-:::::f.~;.~: THE SERVICE PRESS County, ........................................................... . ...... •...?J..;.;;;;·.··.··.·.·:.·.·_·.·::.·.:.·.·.·.·.·.·_-_-.·.·:: ...··.·:.·.·.·.·:.·:.·.·.·.·.·: ..•.. �Not findinr :Jr. Ic. I.. B::;crs nor any me:nber of his fEllnily a!Jove tLc age of 16 7·ears at his usual pl~ce of &bode, ~xecuted May?, 194? by postin ~-nd leavinr:- 1~osted a true co!)~" of the 1- 1 ttin Su..7!1mon_s on the_ front door of the so-id "':Jr. '71. : .• '3:.vers' usual place of L~ode. ...JLV..rrt l/V"//n-<lt?'Y""Y '')ep • for Ju.J.J.1. .,~. c __llE-llder' n.C. s. ~ J . A U ldO J~j ..ll ..,__~ ,.. .r-....... '{: t.J ····- JV u --:.•I g a e,rue c ' J -:>1the 1,,vithi ·-----------------------------------r;__. ·9Ch jn lfyr -person. ~~If ~~~/ I ;__r6, �Trial Justice Criminal Court Docket No. Com.'th vs. Charles LeoLard Weon A.J. braigned Trial /fl/- J., -~- ✓o - '/- ~I/ f-b /,-,--- 3° - 1 .,/-;Ji: /.S- f?A1, r I - -::, I - '-1-7 /J I G>L;l. I ~ ~1 .J- 'I ti ,h,(__ ��PrisonersReportof Rockingham CountyJail Date Bailed Out_ _______________________________ Again Placed in Jail ______________________________ _ Male_r:' ____Female ________Age_'f._, ___Race . .ld(___ Single ________Married __~_ Divorced _______ _ ~ Separated ________Widow ________Widower_ _______ Illiterate _______ Gr. School_ ______ High Sch. _______ _ Vocational _______College ________Drug Addict ________lnebriate ________ Occupation~ fot Being in JaiL~-~-- Employed ~ason ________________________ Reason for Release from Jail _____________________________________________________________________ Amount~_Cost _ ____________SentenceTime ___t-~--~-~ State ___________________ County ___________________ City ___________________ Town __________________ _ Federal _________________ Army __________________ Navy __________________ Others __________________ _ Offen,e __f~ ~ ____________________ Fel. ___________________ _ ___ _ Miscellaneous ____________________________ ABC ________________________ Ins. _______________________ _ Date Committed/J.ftE3_0_-:_ Court Committed Transferred 'fl- -V ,?_--:_~_-:- Date of T tial _ From~~~-- Date of Release _______________ _ Type of Court_ __________________ _ From ________________________________ Transferred To _________________________________ _ Reason for Transfer ______ _:_______________________________________________________________________ _ Physical Condition ________________________________________ Contagious Disease, If Any ______________ _ Fine After Prisoner at Jail; Amount to State $ ____________ Amount to City$ ___________ _ Date Reported ____ ____ __ ____ _ ~~ ________ ~-- _______________ Deputy and Jailor ._!(_~---------- ~ ________ Sheriff ��Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........................... :............................................................. :................ . to appear before the Judge of the Circuit C01irt of Ro ct-.J..a':t: ...... day of............ at 9:30 o'clock, a. m., on the ..... ·n ham County, at the Court House thereof, .. . ...~. ........,.................................... 19 !-/.7., to testify and the trnth to say in behalf of the Commonwe th before the GRAND JURY ..................... . ::::::::::::::::::::::::::::::::::::::::r!i.i~:::::~:;;;L::::w..;~;;;;r:::: THE SERVICE PR£S5 1 HARRISONBURG, VA. �"' I .) l) .:; ..... ...) ~- ~ ; i I ...... '·V ':)!) h(rr\tVt.A l1J ~ ~ -. ,.., ~ 1;~ -~ ~i lt J I tiI I ' s:::: 0 E E .. ::J Cl) t 1 ~ 0 Q) >.J '.j ~ '< ) ~ 0 'i 1f,-tjq7 I 1 (I) ..c: 'I..) 'a ~ ....... ,t:: c_j (t - �.---------------------------------------~---COMMONWEALTH VS. DESCRIPTION Last OF PRISONER -:J7- ____________________________________________ ._______ _ known addm, ___ Color__J.jc~---- Height__~-:-::--_t---- Eyes ____~--- Hair__atlf----- Weight_J:~~--=---- Marks ______________________________________________________________________________________________________ _ r- Age ____'-:f_!j._ _________ Occupation ___if!_~ _______________________________________________ _ Date of Trial ___£/j/~--------------------------------------------------------------------------------Result ______3~---------------------------------------------------------------------------------------- ��Arrest 6 Warrant The Commonwealth of Virginia,} T 't • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, _ c,,,_e.......,., ____ __,_i.,_t,.__, --------"'-J----'-.__,,,K.,__,e=a=n~,___,,C=h=i=-e=f=--=H=a=r....,r=-=i=s..,,,o...,,n.__,,b"--'u""'r~ge--P_,,o'""l ..... 1""'· of said County, has this day J • C • Swartz, made complaint and information on oath before me, Clerk T. J, Court T. J. or J.P. of the said County, that _ __,,C,._.h=a ..... r.._....l""e'---"s"--------"L..._e,,,_o""---"'n"'a .... r...,d..__W~e~a ..... n._____________________ 28th on the fire-arm, then f'elon1ously, .the said ag~ 1 n st Dec. and there loaded day of and maliciously Charles 0, did Wealrnr, th e pea c e and then _ , 19---4..Q_,in the said County, wit b a certa i o gnn or with gur.p0wder and leaden shot, unlawfully, shoot one Charles and there to o. weaver, disfigure, mai.m, with intent disable him, or kill, a igni ty of the Commonwea 1 t h-O'±f--1J,l--':r 11:-:· rPig!t-rinfl--'l:i:f1at--------- These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said.___________________ CbatJes Leonard __________________ _ Wea to answer the said complaint and to be further dealt with according to law. Given under my hand this -~3~0~t~h~--- Memo. of Commonwealth Name day of__ ~D-~e~c_. ______ ~, 19-45_.. cie~➔~.-J.-o-rJ-.-; Witnesses: Address �C) :, C :, 0.. r, ... 3 ~ - : g.. 1:!P ~ tldii,i rth;u~c/7 0.. ··commonwealth g.. ..oo· ... ::r { Arrest Warrant vs. ~;.~~ l• -C'll ,...::, - ... ::,--o..' tTn ro : r g: ::,--,.. : ::, ..o..~: ;.~ 0..(11::, ano..;r, M': 0 _: :-l ':-' $.. '.'Cl Issuing Justice's Fee $ ....../, ...0...P.. ... o:I Clerk's Fee $../ ..7--'..L.. $..Y.. _Q _ _t>_ Trial Justice Fee $ ..~ ... Arrest and Mileage Sum:n:ning Witness Attendance $ ........... ·witness day of ":," C -< g_-gg -o ... ;.R a·: a._~: ~ 3 3 ;;;· "' 5· :, r, ... 3 ro U> ...... ~::,,...; 3 "a O: r, -· ~: -·:, ::,-U> ...... .. $........... S'o... ..... :-0 Jail Fees -ro $ ........................ Total ~tf~ ~.~ - $7J ... ~-gO ~ ., -< ...... [~ i Total mileage Tri~ :, ::,--., Miles carried prisoner ».~. •••••n••••••••••• 1'.S zC) ::r: ► _3:: .., 0 ~ ..... ~ .,::,-< r, "' ., ~ "' 0.. ., -< ., :, .., .... ::r r, 0.. n E ... r, ~ '2 _.; n I'S"' :, ;;· -< 0 ~ ~ r, n0 C ~ C 'O 0 ~ 0.. p :, I'S"' ~ ... 5· 5· .,::,-- ?. 3 o' .... g.. r, n0 .., r, 0.. r, ~r, < ~ 5· 0.. r, ~ ... ::,-- g.. r, ., ., "' "' 0: 8 C :, ~ ::,-- ;;' r, ~ 0.. " ::,-., n0 ... C :, :, " ... ;;: :;,::, 0n OQ 5· ., 2... OQ0.. ::::,--1-"""'" ... 0.."' ;f n 3 Miles travelled by officer ... ::,-- -< A ro :,.o 0n 0.. -·-o • fil ~ R; g_g:; Officer's Mileage () ~8 g.= 0..... ... :, :, ~ E..::,,..... 0"':, $...k.c~e 0 OQ --""""~.C10 Commonwealth's Attorney :,:l U>: :T ....."'1 0 and Mileage $........ 'Tl ..... ~~ o. () id~~ 6 0 " ,... "'1 OQ., 0 ... 28tb 3 OQ ':-' this C: 0.. ~ C'l)::, .... - z ~ ... g.~:=-~i 'O'O.,r, g.. r, C. .... ~. .... ~§. 0 g.e-< r,er 0 r ["::ro 0 o' 0 :, 2..,g...... ... 0.. r, r, O..r, 0 Fine ;;·.,. ::,-r, < o'~ ~ ..'"": ro· P-t::, ~I»: 0.. R 5· ::,--2,.' ., 0 OQ : Leonard Wean In Jai 1 g.. 5· :, :::g~~I 0 before I 0 ., ., ::,-- " 2'8 ~ Q, :, ~ Charles ► 0.. r, ::, (1Q ..... rt -· -· r, 0.. ::,-- Executed the within warrant by arresting and delivering the body of -< .,3 ....03.o..~ p 0.. ., z C) r, <'"' ; ~ ::;·,=-g,_ 0 -< er er """"oro: r, ::, ~ 6· .P ... 0 ,...::r~~j 0 0 ... <: "1 ::,-- r, .... r, () 'O g: cn·~o,...: Leonard Wean < 'Tl i.;· 3 -·: ~~~g..: ~ r,-< Charles 0.. 0 r, >< "' C r, F-3 g,R j $; 3;: ~: (!),... ;:, OQ r, -· o er:, : ::,--o 0 ::,-- 0.. "'1 : ;;l > F. ., ., ::;· :;· 5· r, ~ ~i-t o..' ni: $ ... 5· ~ r, ... 0 ~ ..... -< < ... :, :, ::,-., E.~ -ro :, ~ "'1 :, r, "' < r, Ul OQ 0 -< R::ig3::! U> 0.. • : r,., 3 r, .., ..... 0 () ::,-- 0 ;:;· 3 ::,-- -· r, C I'S"': -< Criminal Docket No. A-8582 b :tf :, 0 :;· ~:,., "o.. .►': :, r, Trial Justice Court the heating ot;:; ~ 8 o..g 0..\ ~ g..5·g: JUDGEMENT ti/ O O; i-t " 0.. ... 0 r, 0 ., ..... :, :;,::, 0 n I'S"' 5· ::,., OQ _3 r w ., g ..... 0 �COlfMONWEALTE OF VIRGINIA, COUNTYOJTROCKilJGHAf:, to-wit: IN THE CIRCUIT COuRT OF SA.ID COUlTY: The grand for the Circuit of said do present then fully, ver, feloniously its in and and now attending April County, with term, him, the disable said with gunpowder and maliciously intent of the at in said loaded to maim, disfigure, nity Commonwealth of Vir?inia, 1941, did Charles and kill, a certain and leaden shoot against the 28th gun or fire- shot, one Charles 0. Weaver, the upon their CHARLESLEO RD WEN, on or about 1946, and there with County, that day of December, arm, of the body of the County of Rockingham, Court oaths jurors unlaw- o. Wea- then and there the peace and dig- CorrimomYea 1th of Virginia. I J i'eaver, Court LAWRENCEH. HOOVER ATTORNEY ATLAIY HARRISONBURG, VIRGINIA ~his indicfnt .1illiam and sent J. is found up,, the Kean and aT. F. Ritchie, before the grand jury testimony of Cha~s V\"itnesses to give evidence. sworn in o. �) Indictment rL, / ' ~-LV Foreman Commonwealth's I Attorney. Lawrence H. Hoover V 'Charles O. Weaver William J. Kean J. F. Ritchie W \ 1 V II ,_"JI.~ I , .✓, Term, 1947. Wit#~sses: A Tru April Felony: /JrJ!J_; CHARLESLEONARD WEAN v. COMMONWEALTH F. A. 1'P ~ ,, ., ~ ~ ~ ~ ~ ~ � 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 Charles Leonard Wean Subject The topic of the resource Malicious Shooting Description An account of the resource Defendant charged with malicious shooting Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1947 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_014_019 Wean https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_020_commonwealth-v-carl-wesley-shifflet-jr.pdf 440a917d04d7674b52455258ca0b7ca0 PDF Text Text -:R FIVE DAYS RETURN N OF ELKTON, TREASURER'S ELKTON. ro INC. OFFICE VIRGINIA KN I Ft ••••••••• FOUNDAT SCENEOf CUTTING ON GiBBONSAVENUE AT INTERSECTION OF SECOND STREET,ANOSUBMITTED TO THE ELKTONPOLICE OEPAR"MENT BY, ROCKINGHAM COUNTY,UNIT# 6., MR. DIWEVHANEYON~UN~ 25, 1962 8:45 A~M, SIGNE~~:4.,1\1 AT YPROXIM~T~LY •• a,.;L.. �/ ����(, J ~ ., ~ ���Comp, Form 1B•A =::~~IR~~-~_}:r_~_ I 1_n~t~· ..._",'_J~_i:,_ ________ City No ______ To-Wit: _ TO ANY SHERIFF OR POLICE OFFICER: Whereas, Jc;-n G. Lea~-a has this day made complaint and information on oath before me, ------------------- r •'1,~!~tieeof Tb~ il,,0-3 ___________________ City tha,___ of the said~y, _____________(Nanw) _ (Tide) ----.,.--::_-:.,-.,,,-, 21/a did on the__,,=-___ 0'1rl l·kt:;fa.,-., J.1tf..fkt,-t, -~"-------------------------·n ,day 0£1__ J-'u'-ti_::_· ---------, Jr. 1bckin 1 •..1.9ici County 19_6_" _: Unlawfully__ a_r_~_.f_l_e,_rt1_' '_)i_..1._s]_.y __ _ These are, therefore, to command you, in the name of the Commonwealth, to apprehend and bring before the Rockingham. County Court of ~id County, the body ~es) 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: Address Address Address -4~ 4 ✓ r .I-hue~ --~-....L..-------------/2!:J~~ ')')fM_ f-}-ib;,~ as witnesses.~ color ___ _ Address color ___ _ Address .___-- { I uf,//4 Given under my hand and seal, thi.,._s __ 2_L~t_l_:.._day of~____ £2 ~ ~ □ K~J~ □ ~~ ~ □ □ Jh~tt~l-•r_...,...,.,,._~-----/---, -----.,.,,.~-------~-----=::;__' ( Title of lssui~ <>1,ce~ JLi 'i'll~:: 01'' .P.t r ~- □ ___ 19 '52 (Seal) �_ .. _ .... __ ...... _..... - .. - .. -.- ............ - -· -- ~- -·- ..... -- ..,. ... --· • .,,.. ........... -- .. - -.,,- ........ -- .. -·----·,., ... ~.,..,--.--- .. ---•-- .. _,.. __ ,.,,._ , ____ - I - -~·_,,..,._,..,., to-wit: Judge of the County Court • Justice of the Peace in and fur the County aforesaid, State of Virginia, do certify STATE OF VIRGINIA-COUN1Y OF ---------------------, I, that and -------------------------, have this day each acknowledged themselves indebted as his suret ------, to the Commonwealth of Virginia in the sum of ------------------------------------- Dollars ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth ($ _______ of _______________________ Circuit County shall appear before the be rendered, yet upon this condition: That the said --------------------, County, on the ________ Court day of ______________ at ______ M., at -----------------, Virginia, and at any time or times to which or further heard, and before any court thereafter having or holding any proceedings in connection with the for the offense with which he is charged, and shall not depart thence without the leave of said court, the said and effect until the charge is finally disposed of or until it is declared void by order of a competent court; _ 19_, the proceedings may be continued charge in this warrant to answer obligation to remain i~ full force and upon further condition that the said ___________________ shall keep the peace and be of good behavior for a period o,._ _________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ to __,_J& }'I 19_, day of ----------------, Judge..J. P . .. n 2 :,;e p.."8 :;i ~ &: p "11 5· ,. e- _,. e. is· §. p ... ... t a. ~ "11 s· ,. :;i g_ :;i ~0p e. ~ a ! > 8... ~ C/) C 9 ~p ~ s· ~ ~- ij> p ~a t a ~ ..... ~ "11 .. 8 p p.. r p.. ~ ~ I,. > ::; g i .. C p.. p.. ,.... '< 0 p ..., '& [ j ~ e: .. JO .:f < ::;· Cl!!. p ..8 _.;· 'O 1... ~ lf ..., ... 0 i e, ., ~ ,. ~ r~i. ~ ;:;· OIi ~ ;:;• p ... ~ C a 5 a. ~ ::i r ~ j p ;::;· C p g a. �·v..s-o, ~ felonious assa 1,/'4~ 1lt t)s;/£?,;:;;; ~-1 ltJ/jt;;_ - ~-~ ~/ ~~ ?z/ /,,:Z ~._;,,, ),-ti/ 6. d'/~) .~.:/?,.,C~c, - ~z-/ I I -:??0' ~~ - �\ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Carl Wesley Shifflet Jr Subject The topic of the resource Felony Assault Description An account of the resource defendant charged with felony assault (note: knife) 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_020 Shifflet https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_001_commonwealth-v-bud-bowels.pdf 31e07d41917e8256579995c09f627658 PDF Text Text C0NIIiONVv'EALTH OF VIRGINIA., COUNTYOF ROCKINGHAM, to-wit: IN THE CIRCUIT COURTOF SAID COONTY: The grand jurors in and for attending ruary of the Commonwealth of Virginia, the body of the County of Rockingham, the Circuit Court of said term., 1941, upon their Bowles, on or about County, unlawfully and feloniously Feb- that Bud did kill the peace and dignity 1940, in said and murder of the Com- of Virginia. This indictment M. W. Trenary, is found upon the testimony Mary Carter es sworn in Court and sent evidence. at its do present the 11th day of August, one Joe Wade, against monwealth oaths County, and now and Dr. F. L. Byers, before the grand jury of witnessto give �e~ l\:.tuRDER COMMONWEALTH V• Indictment ) BUD BOWLES Felony: February Term, 1941. Witnesses: v'/J. Mary Carter ✓ 2. Trenary M. W. 3. Dr. F. _L. Byers A TRUE_ - - ' • ~ ~ Foreman. Lawrence H. Hoover Commonwealth's Attorney. �IN TBE CIRCUIT COURT OF ROCKINGHA.E COUNTY, VIRGINIA com: NWE.ALTH _,v. CHARGE TO JURY _ BUD BO iLES If you find charged in the :malice indictment, aforethought, meditated, you will and fix tiary his for but life, and that that will it find If you find malice on reasonable guilty of murder, twenty degree years. in the indict- aforethought, degree, in the penitentiary for then you and fix not less his than years. him not guilty of murder degree, aforethought, actual provocation, but in the first degree, he killed Joe TTade that or implied, or in mutual manslughter ment in the penitentiary twenty as charged second with in the peniten- and premeditated, in the in the second of voluntary than as and pre- in the first with malice deliberate of murder deliberate or by confinement the same was committed nor more than without hi~ guilty of murder, was committed of murder any term not less was not willful, nor of murder the murder him guilty at confinement guilty it was willful, at death, or for him guilty punishment five find Bud Bowles, and t~at and that punishment If you find ment, the accused, and fix for not less combat, his upon sudden heat, you will punishment find him at confine- than one nor more than five years. If you find nor of murder but find less in the second him guilty and fix his than by a fine hio not guilty degree, of involuntary punishment of not exceeding not exceeding five in the first nor of voluntary manslughter, at confinement one nor more than ment in jail of murder one thousand one year, manslaughter, you will in the penitentiary years, or, degree, say so for not in your discretion, dollars, or by both or by confinesuch fine and imprisonment. LAWRENCE H. HOOVER ATTORNEYAT LAW HARRISONBURG,VIRGINIA If you find him not guilty, you will say so and no more. ��.. ' COMMONWEALTH v. Felony (murder) BUDBOWLES ?//j!// / /' /'f/ --0 - ,,, t /lfl(" V ( ( l.,. ' / D 7-lfr I !, I I /. t I I I �, k,. i, .:::, • I i.l ...,..r 0 , '/ ~ I '\ , , / �;a. A INSTRUCTION NO. The Court instructs idence in tlilis case that violence as to make it ifestly intended great bodily then in that right kill great bodily to the jury appear that to take the danger his ground, injury, if they believe by dade with his life was imminent force own life with force or prevent is not necessary to have been necessary. that such Wade man- or./ do him some and impending, was not bound to retreat repel to save his land it from the ev- to him at the time that case the defendant adversary that Bowles was assaulted and endeavored har9anc to stand his the jury but had the and if need be, his it receiving shall appear ��J.IPI11181!11 INSTRt 1 CTION NO. -- The Court instructs the jury Joe .lade, armed with evidence that and that the defendant and that he did believe be inflicted and fear, and protect --/8 and fear himself, the said they cause are satisfied attacked reat under the influence his then he is not guilty. bodily knife from the the defendant, to believe that .Vade with 1 if a knife, had reasonable upon him, and that, he struck that and fear, harm was about with to of such belief intent"i,tO dsfend ��INSTRUCTION The Court proved the by the use of a deadly upon the fense instructs plea rests of self-defense, upon the prisoner; not such defense all of the f jury weapon, Co:mr.onwealth as well where a homicide and the the burden prisoner of proving and in determining has been established, evidence that the jury as that for the accused, relies such de- whether should and circums ta_nces in the case, is that or consider for the �_...)- ---- �IiTST~UCTIOH ,. O. ·,Ii The Court instr~cts ant to be innocent -(!_ the jury until by the eommonwealth, yond all reasonable applies evidence prove the to give stage the jury made a£,ainst the prisoner strong, is not sufficient greater weight indictment, proved by the evidence having of the guilt to convict, but to warrant conviction, aoubt. of the essential it duty him not guilty. sufficient supports to is their of the defendant, nor is it beyond a reasonable all and of the guilt and find of the evidence his case heard doubt him in the indictment, or preponderance in the This presumption or as to any fact of the doubt be- reasonable the entire have a reasonable the benefd.t of probability certainty innocence. after in the in- of every throughdlut and if, the defend- as charged to moral his the defendctnt upon the whole case, charge Iv~ere suspicion with thereof, in the case, of the accused by evidence consistent goes with at every guilty doubt f' and to the exclusion of hypothesis of innocence the law presumes he is proved dictment theory that however if the the charge his guilt must be �_,J �A§ INSTRUCTION NO. f The Court instructs mu~der, where the defendant of the killing, either the fact a reasonable of the fact or facts relies that, xxtEwx~ doubt orb~ in justification a preponderance to be established of the evidence. of facts in the minds of the juryas sought for does not have to be proven in any case is such a state doubt upon a trial upon self-defense, of self-defense beyond a reasonable f.11 he has to prove raise the jury as will to the existence by the Commonwealth. ��INSTRUCTION NO•• The Court instructs from the evidence -&_ the jury in this Joe Wade in self-defense, case that yet, the killing was not because the course of sudden quarrel tion, cannot and that find voluntary penitentiaRy if it manslaughter not less although appears or mutual guilty they may not believe the dafendant of any grudge the provocation the defendant that fron combat, TiC.MXRX:tmm which is punishable the deceased, the evidence or malice, that but was done in upon sudden provaoa- was more thsrn slight, of killed then they any higher by confinement than one nor more than five years. offense in the than ��r-:-- INS'rRTJCTIOYEO •• The Court :irst degree doubt, that oe Jade by malice, killing the jury the evidence a re~sonable of instrJcts ~ Eust of Bowles. and desperate the probable In other able doubt kill the deceased, probably in the first in the second a ,,icked at death, of heart, and premeditated J',nd if and deliberated, cannot act and intended or do him some serious they but such the time of the killing what he \'rilled or do him some serious beyond to the killing and deliberated, he had willed his prove, there injury, be a reason- and premeditated bodily find bodily injury, him guilty to which ·,rould o~ murder degree. The Court rea.son:i.ble words, in the and premeditated of which woJld be dee.th. whether occasion deliberate, understood the deceased result and distinctly wickedness have~~, he ·.vould kill murder Bowles was not only incited Bowles must have distinctly to do; he must also to constitute cle&rly must have been a wilful, on the part that that further de~ree, doubt that and depraved instructs it the jury must appear the killing heart. that to constitud!.e from the evidence, ·1vas done from malice- murder beyond a that is, from ��The Cot idence that from being instructs the defendant, the subject ~7ade, and that and that him bodily the right the jury whilst that Bowles, of an attack doing so, to r~pel then the jury such assault was acting and cutting that the said is instructed by all from the ev- to prevent he was assaulted he reasoDct.bly apprehended harm, if they believe that the force Alice t1adden by the deceased, by the said Joe Joe Wade Joe v/ade would do the defendant .,M.~ >' "1;1 had heAdeemed ne~ssary, ��INSTRUCTIOI\ The Court willful, ice deliberate is present. instructs the jur~r that and premeditated, whenever a killing the law infers that is mal- �l �~~ ci)( ~4/1 INSTRUCTION ~ , A,t,,t~(,.4 'fi~ The Court instructs from the use of a deadly the weapon. jury that malice may be inferred �.J �---3 INSTRUCTION The Court Virginia order instructs is presumed to elevate the burden the offense prisoner. jury to be murder the offense of proof' the that every in the second to murder the burden in degree. In in the first is upon the Commonwealth, to man~laughter, homicide degree, and to reduce of proof is upon the ��INSTRUCT ION The Court willful, necessary ticular only deliberate, that length necessary ence for instructs the time previous jury and premeditated intention of time prior that the first the to kill thereto. I that to constitute killing, should to the actual such intention time at 4 should it exist is not any par- killing. come into the time of killing, a It is exist- or any ��6- INSTRUCTION The Court by the law, instructs in Virginia, in the second in wait, degree. that murder as murder in the first further instrcuts the imprisonment, and premeditated commit arson, jury is distinguished degree and murder degree. The Court lying the killing, rape, All other starving, or in the robbery, murder jury murder or any willful, commission or burglary, is murder that in the by poison, deliberate of or attempt is murder second to in the first degree. ��J n-sTRUCTION The Court weight this to be given case, it the witnesses interest, feeling witnesses the is authorized if any, or bias: that of different to consider if in the result in determining the apparent and to give case;'their as under to. all intelligence; such credit witnesses same is proved; of this to the the circumstances the in the relationship if any has been shown; their their to be entitled jury the testimony to the parties, testifying; formation; instructs (5' their of their temper, demeanor while means of in- testimony of such such witnesses seem ��INSTRJCTION The Court quarrel bat between results killed, instructs two persons, in order that declined with further safety; deceased protect before to justify himself being where there in fault, such killing the mortal blow was struck that to preserve is a and com- as having must prove combat and retreated from great that and one of the combatants the accused and secondly, in order jury both from such quarrel, done in self-defense, first the ---7 as far he necessarily his bodily own life, harm. been two things; the prisoner as he could killed the or to save or is ��IIlSTRU CT ION The Court self defense believed, the jury it must appear from the and had reasonable grounds of the killing, bodily instructs z': harm. that he was in danger that in order evidence to believe, of death to establish that the at accused the or serious time �r -----------~ j �6 ARREST WARRANT The Commonwealth of Virginia,}T 't . h am County, O•Wl R oc k 1ng To the Sheriff of Said County: L. H. Hoover Whereas, _____________________________ of said County, has this day made complaint and information on oath before me, _H_a_r_r~y_L_e_e_B_r_y~a_n~''----=C~l_e_r~k~_o_f_T_. _J_._C_o_ur_t__ T. J. or J.P. of the said County, that _B_u_d_B_o_w_l_e_s ____________________________ _ on the __ l_l_t_h ___ feloniously the day of kill Commonwealth ' 1940 August and slay of Virginia. one Joe Wade, 'in the said County, against the did peace unlawfully and dignity and of· These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said__ R_~_d_B_o_w_l_e_s ____________ ___________________ to answer the said complaint and to be further dealt with according to law. , 19 40 . Given under my hand, this_~l=6_,,,t-""h.___dayof_~A......,,,u,,;;gu,-,-, ,._...S-:....t:,c__ __ _/~~/$~~, Memo. of Commonwealth Name &,,' ± I _ Witnesses: Address .L1i, ~lkv2- y �STATE OF VIRGINIA-COUNTY OF ROCKINGHAM, TO-WlT: in and for the County of Rockingham, T. J. or J. P. or Bail Commissioner and of Virginia, do hereby certify have this day acknowledged Commonwealth State themselves indebted to the as to ......................................................dollars ( $ ... of Virginia in the sum which they severally waived their exemption, to be made and levied ot 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......... , at ....................... . o'clock A. M., and not depart hence without leave of said Court, and at such other time or times to which the proceedings may be continued or further heard, and before any court or judge hereafter having or holding any proceedings in connection with said charge, and then and there answer the Commonwealth of Virginia concerning the within charge until the same is finally disposed ot, then this recognizance shall be null and void; otherwise to remain in full force and effect. 19 ..... . Given under my hand this, the ...................................... day of T. J. or J. P. or Bail Commissioner " ~~ 1~ Jk .... I-< ::l 0 u 0) u ..... .... "' ::l ...-.. 'c;j ..... I-< f--. ~) µ r3 c QJ H H -< -----,.-._- QJ ..c ro QJ ~ .E 0§ s s -~ u s Cl) :> Q) ·- ~ ::1 IXl ~ ~ ij ~ "d u l:E 0 QJ 01) C :><·- ~ ~ -.8 H ..0 QJ <J) .:.a QJ \_ -~ <a ~ ] ~~ ---- - - '"; QJ :) - ~ ro 01) QJ QJ <J) µ:.. ~v ~. --:rJ ~'~~ QJ QJ QJ u ·,o <J) .2, 01) QJ C ii: QJ QJ µ:.. .;l µ <J) ::, ,-, QJ ~ ro ~ ~ "d C ro µ ~ ~ QJ C ~ "d C '-' ro ~ QJ tlO QJ u C ·C 0 <no:: ::, ::::,.. µ S <J) :c: <J) C "d ~ C >0 QJ SC v C s ..§ ~ 0s ~t5 u ;5 -< p-,< u-< ~ <J) ....... ,.!l QJ - <J) .E ::, <J) ~ <Ft- <Ft- µ:.. <J) QJ H H U) u <J) ') <J) <J) -~ H H ro ~ \ _.: 00 lv~ "d a. QJ tlO ro QJ ....... ·s ~ µ 0 f-< ~ ~: \~: ~! A C 0<J) "d ~ ~ µ QJ -~ µ QJ H H E OJ ~H C ::, ro u v ~Q ;J QJ µ 0 e.o ro ..c u QJ ..c ""d µ 'O u ~ -H :> .:=: QJ <J) QJ QJ H ~ ..c ·-H µ r-l ~ u v ~ ~ C 0ll ·- C IXl en >- µ 0 µ ....... ...... °' "d 0 "d ro o <J) µ I t::..a ro v ~ ..c µ z ~ 0 Cl ..a ro "'•\· ~ >-...... H H 0 0 ro C ro t ...... ' H µ QJ u ·p <J) ,-,::, ~ -~ f-< �~ ( ,,.,,-k'VL: ,lf ,-z7Vil • .....-z....,,.._ r ~ f ~- L~ t ,f~ t -LUt. ca, - I 14- L ,. �i I- .. �PrisonersReportof Rockingham CountyJail ~ Name.A~ Male-r-- / /:J /I Month 0L_1/..L/4_, ~ _________________Date Committed ___L, ___ Female_______Age_.2_,Z___ Race_&L_ Single~- ___/_z ___ 194/ ______________________ _ Mmied ________Oivomd ________ Place of Birth ________________________If Foreign Born ____T me in U. S. ______Years ______months ______ Physical Condition ____________________________ls person a Drunkard?_ _______or Drug Victim?_ _______ :~: :::r--~~:::~:~: _:_~:_Oif ~:;; f::::::~:::::: ~c~u:::~:- Held for Trial_ ___________________________Sentence _____j_jJ_ __Years ____________Months ____________ Fine ______________ Costs ______________ Time in Jail_ ___________ Held for Penitentiary ________________ Held as Insane _____________________________ Held for Other Authorities _____________________________ Behavior_ ___________________________________________ Date of Discharge ____________________________ DESCRIPTION OF PRISONER Heighr_t-?~t/~.Weighr__Lf Q ______Color of Eyes_4~k- Color of Hair!{8U __ Teeth Marks ____________________________________HandMarks ____________________________________ _ Arm Marks _____________________________________Face Marks ______________________________________ ShoulderMarks __________________________________Back Marks _____________________________________ Thigh Marks ____________________________________Knee Marks _____________________________________ Calf of Leg Marks ________________________________Foot Marks _____________________________________ Fingers Off ______________________________________ Mole Marks _____________________________________ Neck Marks _____________________________________Breast Marks ____________________________________ Left Arm Marks _________________________________Right Arm Marks ________________________________ Left Leg Marks __________________________________Right Leg Marks _________________________________ Fine After Prisoner at Jail; Amount to State$ ____________ Amount to City$ ____________ ��THE COMMONWEALTH OF VIRGINIA. TO THE SHERIFF OF ROCKINGHAM COUNTY, GREETINGS: We command you, that you take ............... B..µ4...B..9:W.),..~.$. ......................... ...............................if he be found within your bailiwick, and him safely keep, so that you have his body forthwith before the Circuit Court of Rockingham County, at the Court House thereof .................................................................................. . . . . . ............................. to answer us of a certain .......~.......... f..~.l.9.ny_·······-······················· whereof he stands indicted. And have then and there this Writ. Witness J.Robert Switzer, Clerk of our said Court at the Court House the ..1.7.th.day oL ...f..~PX1:1-<:lJ7 ..,........ , 19 ....4~ in the .......J.§..?..~.1:1 ................................................... . year of the Commonwealth. THE SERVICE PRESS-1282 �j i:; i:,., . ~ V () ~ ,~ .-t 0 ,..:..;::lJ COMMONWEALTH en N' :ct I vs (' .. . ..... ,t. p ;':'> ~ , ;.J' .- I• . ���In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ;ii!is:iil!E;n}:~~~:;~, who stands charged with and indicted for a felony misderaea-nor. And this you shall not omit under penalty of £100. And have then and there this Writ. Witn~ERT day oL • _ _____ THB SERVICE PRESS SWITZER, Cbk of om , 19 "ft"• /I__/, and in th:9-~~ ff~ at the Coun House, the ... 'Cbk �/'.., ).. '-I~ 0 ~ ... :J Ill' ,, -::s f.) !'141 ,: rJ. C ':. ~-/0 :I ii C: 1: :,( • H i j �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . to appear before the Judge of the~ir uit Court of~ock'ngham C unty, at the Court House thereof, 4-/ , at 9:30 o 'clock, a. m., on the ../ ......... ay of............................................................................................. 19 ........... to testify and the truth to say in behalf of the Commonwealth against ............................................... . who stands charged with and indicted for a felony misdemeanor. And this you sh.all not omit under penalty of £100. And have then and there this W~ Witn~~~,ff SWITZER, Cle,k of om said Comt, at the Court House, the .(':... . ~.................................. , 19.¥., day of ..... and in the 16c-f$., ar of the om o wealt . .1/ ........................................ . THE SBRVJCB PRESS �,. :i ::, .I 3 3 C -.. :, C) �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereb:ycommanded to summon...~•···~·:J··········••····························- ····························--···········-········································································----···················-·········································•····•············•·············· rvho stands charged rvith and indicted for a f elon:ymisdememror. And this :you shall not omit under penalt:y of £100. t::f:_, SWITZER, C/e,k of ou, ,aid C3}}:t,1 th, Coo" House, th, .../i.. ........... . Wit~BERT da:y of............................... ,.................. 19.d.!... ood in th,j/ilt!:::t: Massanetta And have then and there this Writ. Paper Co. Print th' ...... om'?onwrolth ..., Cluk FORM NO. 5 �•i J ., ..., - w ....~ ~ I-'>rl H ~i' Q) :-, ca '"' \ ~J -1--' ')'7"1 (I) 0 C) ,-1.P Q ;j ,, i, 1 J t C) ,...... .. )-i +' ~r~ :~ •r-1 r~ 'O (1) -: l't-i .µ 0 ~ ~ ~ Q) •rl (l) ra I!. .... µ H ½-..i , .. r (j C E �Commonwealth of Virginia: ~;;:::~•:.;~:~d•d::~~~=••·····~ ..~::~ ....r.-."#,.~., ....~IZ//:.2J:~ .......................................................... . ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• :: :~::a:,:i:::,ea~~.:::g:h:.f ..t.~.~-J.P¼:r°~. :;g: ~~.~.~.~~~~-.~~~...~~~~~- ..~.~.i~se1 to testify and the truth to say in behalf,P} the Cjm~RAND JURY ...................... ·····························································~---································••·••···················································· who stands charged with a felony ~. A~d this you shall not omit under pe~alty of £1~0. Witness, ]. ROB RT SWITZER, Cle1k of our s:;i,,m, d,yof THE ••• j)g SERVICE PRESS, ........... 19.4/,-.dmth, HARRISONBURG, VA, And have then and there this Writ.~ at the Court House, the .../..V. ~~~ •..f.6 ..'11. ••• ........ . Cl"k �~ )/ I) ~ ,;;- -. . "' , (1) ~l ..... '.:J o-,. v, ~ ~ ""'l C: CT) r--, �TRIAL JUSTICE COURT ~ ~1-u..~ V.) DOCKETNO. j747 �� 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 Bud Bowels Subject The topic of the resource Felony Murder Plea of Insanity 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 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_001 Bowels https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_016_commonwealth-v-bill-dan-adams.pdf d4447696f8c48cd242b78cec9d76d019 PDF Text Text COMMONWEALTH OF VIHGINIA, COUNI'Y OF ROCKINGHAM, to-wit: IN THE CIRCUITCOURT OF SAID COUNI'Y: The grand jurors of the Commonwealthof Virginia, the County of Rockinglla.m, and now attending its October term, 1947, upon their the Circuit oaths do present and sley- one Roscoe Page Moomaw,against Court of said County, at that BILL DANADA.~S,on or about the 6th dey of October, in said County, unlawf~ kill in am for the body of and feloniously the peace and dignity did of the Com- monwealtth of Virginia. This indictment is found upon the testimoey sv-vornin Court and sent before the grand LAWRENCE H. HOOVER ATTORNEY AT LAW HARRISONBURG, VIRGINIA jury of M. S. Witt, a witness to give evidence. �Invol. "Manslaughte.r. ) COMMONWEALTH V• Foreman a,_,Af-WJ./ Term, 1947 BILL DAN ADAMS /'Vk) Feloey: October A True Bill: 61 M. S. Witt~ Witnesses: 1. Attorney Lawrence H. Hoover Commonwealth's �Commonwealth On an indictment vs. Bill for a felony mans.) Dan Adams This day came the attorney the accused, Bill and by his court this (inv. court W.W. heard the evidence rharton taken the said Bill punishment one year in jail at And it herein at a former the fine pr~secution, Road Force and a fine considered of the said aforesaid, and that recognizance And the term of judgment and doth by the court Bill herein, fix his of one hundred that dolthe Dan Adams one hundred and the costs he be held for of its Dan Adams guilty, is therefore commonwealth recover Convict and E. D. Ott. time to consider doth now find dollars, to his and amiuk2Duqo.m:m:x:«0E±i:mmocxtk:ixx«mx£~xxIDlfflri«2xxti~N, «~tkx and having lars. the commonwealth, Dan Adams, came pursuant attorneys, having for incident to hard labor the term of one year. to this on the State However, for reasons appearing to the court, the sentence imposed herein conditioned upon the good behavior of the said ·defendant ~xxxin all upon the said Bill Dan Adams is suspended,rand the said Bill respects or a Dan Adams is hereby plafed on probation in the care and custody perioc of of the Parole Board of the Commonwealth of Virginia in charge one year, of the Parole Officer for the 12th Parole District of Virginia (or his condition costs successors), that herein fendant aforesaid. paid the said said suspension Bill ~dams shall imposed upon him. to the clerk being of this further pay the fine And thereupon, court upon.the the the fine and said de- and costs ��IN THE CIRCUIT COURTOF ROCKINGHAM COUNTY , VIRGINIA COW.iNWE TH BILL OF PARTICU UPONAN INDICTMENT FOR MANSLAUGHTER v. DANADAMS Comes now the attorney for the Commonwealth, this 10th day of November, BILL DANADAMS u on an in- 1947, and for the ~artic ars of the charge against dictment him by the Grand Jury of the Circuit returned against ham County, Virginia, ter Court of Rocking- at its October Term, 1947, for the involuntary of one Roscoe Page Moomaw,gives the Court to understand the Commonwealth charges and expects to prove that 947, between the hours of 6:00 and 7:00 o'clock, manslaugh- and. be aavised that on the 6th day of October, A. M., of that dey, at a oint on the Lee Highway (U. S. Route Number 11) about one mile north of Tenth Legion, in Rockingham Count, tain motor vehicle, Virginia, to-wit, in o erate vehicle for the safety motor vehicle to the traffic, of other at as eed greater surface that he failed to avoid collis~ion he fai ed to have the said motor vehicle lookout said motor vehicle ATTORNEY AT LAW struck another mo~or at a rate of speed to exercise ro er control upon than reasonable and at such seed and ~ro er care that roe he drove said ro er, having due regard , and other conditions as to endanger the life o erating of or to keep a ersons using said highway; that on said highway; and that whi e so unlawfully HARRISONBURG. VIRGIMIA and u awful man- with an oncoming vehicle; under arid width of the highw at said time and pace, LAWRENCEH. HOOVER direction of said highway and into the most westerly lanes marked thereon; assing anotner reckless acer- rate of speed; that he did drive said motor vehicle eft of the center the three traffic in a northerly the same in a careless, ner in that he did then and there and over the Dan Adams, while operating a White tractor-trailer, on said hie;hway, did o erate in excess of a lawful the said Bill of existing ersons the said motor vehicle h ve icle o erated by the sain Roscoe Page Moomaw,who was i ��thereby LAWRENCE H. HOOVER ATTORNEY AT LAW HARRISONBURG, VIRGINIA injured, from which injuries he died on the dey and ear aforesaid. ��.. COMMONWEALTH V. ) Felony 3ILL DANADAMS a 7 (invol. ' ·f·, 't d mans.) ✓ ��PRE-SENTENCEINVESTIGATION Staunton, Virg-lnia December 18,_1947 NAME: Bill CITIZENSIITP: American Dan Adams ADDRESS: Rt. 1, Gate City, Virginia MARITALSTATUS: Married RACE: White NO. OF DEPENDENTS : four AGE: 32 OFFENSE: Involuntary SEX: Male Manslaughter OFFENSE The above named subject was involved in a motor vehicle accident on October 6, 1945, at about 6:45 a.m. This accident occurred about one mile north of Tenth Legion and is said to have resulted in the death of Roscoe Page r:oomaw. According to the best available information Adams was driving a Mason & Dixon Tractor and Trailer north on Route ll. Visibility was extremely poor and it is said that there were pockets of fog along the road. Adams attempted to pass a car driven by a man named Brovm, and in doing so collided with the car in which Moomawwas riding. The Moomawcar hit the top of the truck I s left gas tank and knocked the wheels from under the trailer causing the loss of brakes. The trailer is said to have skidded approximately 275 feet and ended up with the tractor in the right hand lane of the highway and the trailer off the shoulder of the road. Adams stated that at the time of the collision he was traveling about 45 miles per hour. He states further that he was never over further to the left than the middle lane of the highway. This conflicts with evidence presented by Trooper Whitton who stated that there were marks presumably made by the tractor and trailer at least two feet in the left lane of the higmra.y. There also seems to be a strong possibility that the collision occurred in one of the fog pockets existing along the highway at the time. PRIORRECORD The subject has no prior record in Rockingham County and apparently Mr. Bailey could find none for him in his native county. How·ever, he achn.its being arrested twice for public drunkenness. FAMILYIITSTORY near Shenandoah on May 5, 1947, and they are now residing atl538 Gate City Highway, Gate City, Virginia. It is understood that this is the home of the subject's mother, Emily Adams, about 48 years of age. Others in the family are the subject, 32 years of age, his wife, Evelyn Mary Adams, 27 years of age, and two daughters, Betty Jean Adams, 8 years of age, and Joyce Ann Adams, 6 years of age. 'Ihe subject has two brothers in the Army, one at Roswell, New Mexico, and one at Fort Meade, :Maryland. Two other brothers, James Kinney Adams and Maurice Sweeney Adams living in the vicinity of Gate City. There is also one sister in t.1-ia.tvicinity. It is understood that none of the family have been involved in any trouble. Adams and· his wife moved to a place HOMEANDNEIGHBOR-The house in which the subject resides is an old log house to which brick siding has been added.. It contains seven rooms, is well kept, and a very HOOD: home like place. It is located in a neighborhood that is strictly rural and the neighbors are generally nice people. ��2 EDUCATION The subject states he finished first year of high school at Man•rille in Scott County. He got along well and liked school but found it necessary to stop and go to work in order to earn a living at fourteen because of the death of his father. RELIGION Adams sta. tes he is not a church member but that attended the Methodist Church on some occasions. interest in religion is rather passive. INTERESTS& ACTIVITIES he and his family It would appear have that his The subject expresses interest in highly normal activities such as hunting, fishing, attending movies, swimming, and improving his home. HEALTH Adans had the usual childhood diseases and one rather serious accident when he shot his right index finger off while squirrel hunting when he was about fourteen years of age. At this particular time he has no health problems for himself or his family. roIPLOJMENT The subject's employment consists of the following: Spasmodic work as a coal miner for about two years, farming his mother's 60 acres of land, and working for others in the neighborhood. He worked from June to December in 1942 as a driver for the Yellow Cab Company, Kingsport, Tennessee, three months in 1943 at the Holston Ordinance Plant and from April 20, 1943 to date vri th the Mason and Dixon Trucking Lines. RESOlJ"RCES The subject's ma.in resources consist of personal property such as an automobile, furniture, etc. At the time of the interview he had no appreciable bank account and no insurance or bonds. SUMMARY PIAN T'ne above named subject was the driver of a truck involved in an accident on Route 11 in vrhich a man was killed. His prior record consists of being arrested on two occasions for public drunkenness. He is a member of a respected fantlly near Gate City in Scott County and is no residing in a comfortable seven-room home in that comm.unity. According to his mm statement he did well in school until forced to withdraw because of his father 1 s death. He is not a church member but expresses interest in highly normal activities. He is believed to be in good health and his employment record has been better than average. His resources consist mainly of personal property. u. s. It is t..he subject's plan to live in the home of his mother, Gate City, Route 1, and work in the Mason-and Dixon Warehouse located at Kingsport, Tennessee. Mr. o. G. Bailey, Jr., Probation and Parole Officer for that vicinity has expressed a willingness to accept the subject for supervision if he is placed on probation. Sources: HBJr/a Trooper Whitton Rockingham County Court Records The subject M. D. Hawk O. G. Bailey, Jr. Respectfully yours, i~£~~ ~~fution and Parole Officer ��November 19, 1947 Mr. Harry Burnett, Jr. Probation and Parole Officer Room1, Law Building Staunton, Virginia Re: Bill Dan Adams Dear Mr. Burnett: This will serve to acknowledge receipt of your letter under date of November 17th requesting information as to benefit of our experience with subject person, and resume of his service while working for this company. Mr. Adams entered our employ on April 23, 1943 as driver of our over-the-road equipment and has retained that position until shortly after the unfortunate accident in which he was involved on October 6, 1947. During this time he made a most satisfactory employee and we have no criticism to make or his work in any way. I have been personally acquainted with him during the entire course of his employment with us, and he has been under my direct supervision for the past two and a half years. Further, I might add the.t the company has placed him in another position with the Maintenance Department of a non driving capacity. I certainly regret that he became involved in such an accident which resulted in the death of Roscoe Moomaw;and I believe, as no doubt other of his acquaintances you will contact in the course of your investigation, that he is deserving of any consideration whatever you may wish to five with respect to his case. If I can be of any further assistance NOV2 4 L .-/ please feel free to call on me. M. D. Hawk, Superintendent or Drivers �t �PROBATION AND PAROLE DISTRICT DENTON OFFICE EAST 17 ABINGDON, Dece~ber 15, 1947 J' • larry Eurnet t, .Jr. fro ation and Parole Officer Ro')J:l 1, Law 3uildin~ 5taunton, Virginia ..>ear .. r. urnett: Re: Bill Jan dams I am indeed sorry I 1ave not oeen aole to give you better request vf Hover .::>er 17 c0ncernin3 the above-n11.med man. service on y)ur _•rovn "le. t I ean learn fror:: the law en1orcement officers at Gate City this man's .r10 ,her dues live on Route 1, Gate City, virfi .:.a, and has a very respected :arnily of the co•1vty. There does not appear to be ,::my prior recoi~d a2dinst tl-J.is man recorded either in the Trial Justir!e or the Circuit u ~rt Jf Scott County. If y )U desire to transfer ti1is man to ~r ai.strict I Vfill be glad him for supervision should he be placed on probation. Yours respectfully, EC18 1947 BUILDING MAIN STREET, to accept VIRGINIA ��6 The Commonwealth of Virginia,} T 't . ham.~-County, o-w1 R oc k 1ng ;;,.; To- die Sq_~riffof Said County: 1 Whereas, ----':=lc.c•--=S"-'.,___ .,..,_N-=i'""t__,t'-'.,__,S=t.,.,a~t~e'-------"?~o~l~i~c~e~ ____________ of said County, has this day made complaint and information on oath before me, __..J'-'.L-Cs.L.L.__._Svu.urn ....rL..1Lt.£.z~,___._c.,__1L.le~r~k__.T-="'--=--'J.;-..-.__,,,C .... o,1-1al,y'_r,'-¼-t----T. J. or J.P. ' of the said County, that Bil 1 Dan Adams, c/o Ma son & Dixon, Harrisonburg, Va. 6th loniously kill October , 19-1.'.Z_, in the said County, did unlawfully and feand slay one Roscoe Page :Moomaw, against the peace and dignity on the dayof of the Commonwealth of Virginia These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said ___________________ _ Bi 11 nan Adams __________________ to answer the said complaint and to be further dealt with according to law. Given under my hand this.__ Memo. of Commonwealth _,6<--'t~h.....__ __ _ Witnesses: Name Ii. G. Brown Kirby ______ Hepner S.,LWa]ton Address ..... T...,e-<.On""--"th_L_e.gion, __va..___ _ Conicsville, Sgt Sp xbg. Va. �194? $...l~ ... ~·"'······· $.....~...~.P.... $ ....... =···••···· $ ·······•··············· Clerk's Fee Trial Justice Fee Arrest and Mileage Summoning Witness Total Jail Fees Trial Justice - - - - $..... tf~..7.... $ ................... y $......... L ........Q. $....................... . _.,.,, and Mileage $ ..................... . Commonwealth's Attorney Witness Attendance $...lt..o...O..... Issuing Justice's Fee / $...................... . Fine - - - - Indicted by the Grand Jury before a ~e~r\ng wss held in the Trial Justice Court. ~~i«~~lttli:a:w-itKi¥1.~l\i«M O<e-tober 20, JUDGEMENT Dan Adams { Arrest Warrant Adams J.'W~e Total mileage Miles carried prisoner Miles travelled by officer Officer's Mileage 1f'·%. October this --'6=-t=.:h:.=..._ ______ _Jli_ll_Dan Police , 19--4-'] .• day of Executed the within warrant by a resting and delivering the body of Bill vs. Commonwealth Criminal Docket NoA-f99'f Trial Justice Court ;;;· 5· < ::;· as. :, 8-0...., e:. n, ~ :, 0 3 i3 0 () -< ;; 0 ...., 0 C 8-" () o' ., 0.. .,:, .:-' �Summons required under Sec. 120, Chap. 342 Acts of 1932 DEPARTMENT OF STATE POLICE to appear before: on,...,_ __ '--__. ....... _ (Date) to answer for Violating the Motor Vehic • • • Limit D at = 7 o'clcickpM No Operator Chauffeur License D □ □ (Address) ��Trial Justice Criminal Court Docket No• A- 999f Com' th v. Bill Dan Jdam.s \W Date --Trial w,w,i.v'; rraigned 7f) --2.</--i/.7 - ~~ /o-,-'f-7 -'-2.}Sb -- , ,. �--- -- ....- ----- � 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 Bill Dan Adams Subject The topic of the resource Felony Involuntary Manslaughter Description An account of the resource Defendant charged with felony involuntary manslaughter Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1947 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_014_016 Adams https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_009_commonwealth-v-benjamin-franklin-cubbage-jr-.pdf 8c98d0c32a294c8105cc9117eb983843 PDF Text Text n c£ffYC ~- ~ d_. {; V- Docket /VCJV :LI, 962 /9~2-- 66 ~ NodtJ~J. COMMONWEALTH of VIRGINIA ~· ( ~ VS. Indictment J Felony (murder) / ) rR,c_ .if' ~/4 Ci.A,\_ BENJAMIN FRANKLIN CUBBAGE, JR. t.l~). l J. L. Lucas, Lyray, Va. Own cvvl· ~~ (x ) 1 Oct. 15. Return Appointed ( of Grand Jury. Oct. 15. Accused arraigned Set for Nov. 21. Nov. 21. ~d. ) 11/33 and plea n.g. llj.J t/ Jury impanelled, etc., and verdict of acquittal returned. 11/51 CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. I• �,. -< ... 0 7< (II z z "' z"' _o :< .... " ,, n .. 0 <JI ~ r .. ► ~ ,, ~ �COUNTY COURT Criminal Docket , N~ 39236 Commonwealth V. BErJ UN FRANKLIN CUBRAG Defendant Appearance Date 7-30-62 Trial Date 8-28-62 A ���-1- ..... + ��(?qn_?A( ~;( C #<!' "1 t �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded to summon r_'1.liggtE3 .. .B..rq~_,J1.:r.~~ Edward Turner, and Dr. W. H. Nicholson .................................................................................................... ··········· to appear before the Judge County, Greeting: of the Circuit ,.................................................................................................... Court of Rockingham o'clock, a. m., on the2.~~~. day of .. .r-J°C>,V.~~l:>~r,. ............., 19 the Defendant in the prosecution of the Commonwealth .PE3JJ.~ ..W.i.::L.:tJ ~m~., .....C\lJ'.:i::'.Y ...W.i.l.lJ.~ms, ,..______ County, at the Court House thereof, ~?.,to . at 9 :30 testify and the trnth to say in behalf of against .... B..~~.J .~!11~.I?: ...F..r..~l:r+ ~.I?: ...9'1~ :t?. E:lg~..'-....J..:r.. •..................................................................................................... .. who stands charged with and indicted for a felony In witness whereof I hereunto ~~~~ set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, the:1:.5.:t.P:.day of.. .N<?.Y~IllP.E3J'.t ... .............. , 19.9.~, County, Va., and in thel8.7.tb.. .... year ~utp.-W. ~~ .....................................................•............................. of the Commonwealth. 2.00 , Clerk �..... ....................... . ,.. (}.:.✓-.t!:.~,f' «... D. S .:,. ..., I ..... ?r.. J . /)~~ ~ ( s... �In the Name of the Commonwiealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Dr. ------ ---- - - - - G. G. Tanner - - - - - -- - ---- - - - - - -- - - - - - - Grottoes, - --- -- . - - - - - - - -- - -- - -- --- - -- - .- - - 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 ..~1-.~.; day of .~9-Y.~!'!!~.~E. ............ , 19...§.?.,to testify and the truth to say in behalf of the Commonwealth ~e-t~Q. -Gl-asd-J1+r~, against .............................................................................................................. . ...................................................................... Ben j_arnin ...Frankl in ...Cubbage , .. J.r .•................................................. who stands charged with and indicted for a felony ntisaeraoo+1.el": - 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 ..~.?..;~of ........~9-Y.~~~.~??...................... , 19..§.?..,and in the .....J~} of the Commonwealth. ar ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon-----------·-······-·----··-····--·-·-···--·-······-····--····---·····················--···-··----···-··--········--········· -·-·-·Bar?.~E~--~.~-·-~ub bage ___ .-.._Route._# 2 , ...E 1k ton···-·········-···-······-··•·······-··-··-·····-·········-·-···-····· ····-······-··--·---· ·- --- Phyllis -- Cubbage - Route #2, Elkton --- --· ---------------------------------------· ---------------------------------------------------------------------·······--------·---------- -- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on the Commonwealth 21-st_ day -- County, at the Court House thereof, at 9:30 of No.v..em.be_r__·-·-·-----·• 19 __.6_2_,to testify and the truth to say in behalf of the Befa-re-tfie -Graftd. ..Jttey'; against ·--·-----·-·--·---·-·--····-·-·-·······--·----···-·--·····-·-········-··--·----··-····--···--····---·--·----··· ---·-·--------·•··-··--·--·-·-····-··--·········--···--··-···--·--·--·-Beni arnin ..Fr an.kl in ...Cubbage -,...Jr.············-··········-·····---··---···--···-·· who stands charged with and indicted for a felony rnistienteat16P..And this you shall not omit under penalty. Witness, JAMES R. SIPE, Commonwealth's And have then and there this Writ. Attorney for Rockingham Coenty and the City of Harrison- burg, Virginia, at the Court House, the __ !.~_1::-~ of --··---_r:-i:~_y~-~~~-!·-·····-·--···-···-···• 19__ ~?._, and in the ·--·•J.~_?. ar of the Commonwealth. �c:: "Y (")t: T -- ' •. • . I t--'c. ~'-- -I&~--- By c...1.--,;,.,... ~ - /: • ~~~ =: . - c~.~---:-:--:- r;~---,,,,..._C~ 1,,i T • • • "'p . . . . . . D. S. R. . f',- -lJ.--.-")//:;:.e,-~ I~ ', fC - 'J'-JT) C A E �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham You are hereby commanded County, Greeting: to summon--------------------------------------------------------------------------------------------------------------------------··- ______ g__. ____ ~__. ____ W~1_S:<?X -----------------------------------------------------------··-----------------------------------------------------------------------·· --------------------· 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 -----~~_Y.~~~~-t _______ , 19 __§_~-, to testify and the truth to say in behalf of the Commonwealth haf9i:e-th~ -Gr,aas .Jw..F-y,, against -------------------------------------------------------------------------------------------------------------- -----------------------------------------------------------------------Banj_amin ___ Fr anklin ___ Cubbage, _Jr_. _________________________________________ _ who stands charged with and indicted for a felony ffltsttem.eant>P.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 ---~-~_?_~_\ear of the Commonwealth. ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ........... ...OhJ.e.f D.~~.Q.S. LE..l.~t..OP., ....V.a.!t.J .............................................. . to appear before the Judge of the Circuit Court of Rockingham o'clock, a. m., on County, at the Court House thereof, at 9 :30 the?.'.ls.t. day of .........N9.Y.~m1:>.~~, ................ , 19. 6.2,to the Defendant in the prosecution of the Commonwealth testify and the tmth to say in behalf of against ........................................................ :8. ~.I'.!: J.~~!1...F.'. ~ ~~~~ .~!1 ...9.ii.1).1?.Ei.g.El .L ...r. :':" .•............................. '......................................... ' who stands charged with and indicted for a felony tK.~~ 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, theJ9J11. ..day of .......~.C>:V..e.Illt,~.:r..1... .. ... ...... , 19 .€>.?., and in the.l.f3.7.:t.P......year of the Commonwealth. �lliwlck. //- L:P - 6 �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ..... ......O.P:i .....f You are hereby commanded to summon to appear before the Judge of the Circuit P.~f3.4.~ (~J.Jrt.9.:P.a ...V.a.•J .............................................. . Court of Rockingham County, at the Court House thereof, at 9 :30 o'clock, a. m., on the?l.-f3.1;day of.. .. .Jl.C?:V:.~ITll:>~l:'a ..............., 19 ..6~,to testify and the trnth to say in behalf of the Defendant in the prosecution ........................................................ of the Commonwealth ~~.~.J.a..~r.>: ... ~.tEl.1:1.l!~;~ ..9.'1.~.~·~·~·~·~····J'·!'·~···································· ..................................... . who stands charged with and indicted for a felony In witness whereof I hereunto against ~ set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., at the Court House thereof, this, the.l:-9..~:h.-.day of .......~Y.~ 111 .l:i.~.r..L.............. , 19..6..?, and in the.'.l.~.7.~!1-.....year of the Commonwealth. �......... .. a~J4.U/~ .. . �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: ~-p..... You are hereby commanded to summon to appear before the Judge of the Circuit o'clock, a. m., on the?l.S.:t.day the Defendant .E.d.g,:i:r, J1a.I'_1;:1.J:l {Fia..I',r.t~_()J:1)::>_\l_I'g_, ...Y.~.~J ................................. . Court of Rockingham of the Commonwealth who stands charged with and indicted for a felony In witness whereof I hereunto at the Court House thereof, at 9 :30 , 19 6? , to testify and the trnth to say in behalf of of in the prosecution County, against 1~~ set my hand, as the Clerk of the Circuit Court of Rockingham County, Va., at the Court House thereof, this, the :l.,,51:;,l:ldayoL ............ N9.Y.E'l:IT.l.l:>.E3_I'_,. ..... , 19t>.?. , and in the ..J$.7:t.l'l: ..year of the Commonwealth. / ~ 4"L4'- ....... .. ;K--' �~~ ~~ ~ ,/V _/ '. . . · ......... • ot flndms{':-~---.4' •• _ <.7.;Y •• • place of abod::,~._ . . ,,. ... dl ~~-· .... ~?·_••,j._/'~ ~~. tr e copy o,l • Z . .... /. ~~/- : • • • • • • • • I at his usual bvcle'1v~rin 'q~ a ·A".~· Z-d _ ·····/'/4"-t.... . • '' • • • • • • r .' :~z·~~~-:::::·~y ...... �In the Name of the Commonwealth of Virginia: ~~g~--~ To the Sheriff of ~ County, Greeting: You are hereby commanded to summon . J •. W• Batman (S:ttE9.:0..l:IA<J.q.a.:h.., ...Vf...r..gJ:rii~LL ...................... . .H.•.... Frank ...Al.e.s.:P.1.:r.e. ..JS.t.@.l.e.Y., ....V.;1,;r.g_ttli.~).; ...~P..ci ..R. P. Good...C~.ri.e.:n..@.~~.a..ri., ....YJ.r..gJ:ri.i..a) ; to appear before the Judge of the Circuit Court of Rockingham County, at the Court House thereof, at 9 :30 o'clock, a. m., on thg:1..f:l:t..day of .... ?:J<:>y_~~P..13:t'.t... ......... .... , 19 .€.>.?-, to testify and the trnth to say in behalf of the Defendant in the prosecution of the Commonwealth against ..:l:}.e.p.j_~f...~ ..Yr.@1.(1.J ..ll: ...9':ll?.:b.~s.~., ...}":r..~..~ ..................................................................................................................... . who stands charged with and indicted for a felony ~.:;c In witness whereof I hereunto set my hand, as the Clerk of the Circuit Court of Rockingham at the Court House thereof, this, theJ?:t.ll: of the Commonwealth. (" County, Va., 1:~7.~ll: ....year day of ............. .....N()Y.~Ill't>.6.:r'L..., 19. ~.?,and in the .. ��COMMONWEALTH OF VIRGINIA COUNTYOF ROCKINGHAM, to-wit: In The Circuit Court of Rockingham County, The Grand Jurors of the Commonwealth of Virginia, and for the body of the County of Rockingham, Circuit Court of the said Benjamin Franklin October Term, 1962 County, Cubbage, Jr., upon their Virginia, murder one Everett against Williams, now attending oaths feloniously the present on the 29th day of July, in the County of Rockingham, in that 1962, did kill the peace and dignity and of the Commonwealth of Virginia. Upon the evidence witness evidence. sworn in open court of Deputy Sheriff and sent G. M. Wilcox, to the Grand Jury to give �murder Attorney Foreman A TRUE BILL COMMONWEALTH V. CUBBAGE James R. Sipe Commonwealth's ... �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................ . Deputy Sheriff G. M. Wilcox ----------------------------------------------------------------------------------------------------·---------------------------------------------- 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.~.t.h. day of ...9~:t;gJ?.~.-;:............. , 19..9.f.,to testify and the truth to say in behalf of the Commonwealth before the Grand Jury, against .............................................................................................................. . ................................................... Benj_amin ...Frankl in ...cub bage.L Jr •.................................................................... who stands charged with QJlG-~9<:1-i-Or a felony mi.s4iW1H1a.11Qi:.. 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 ..9-.tJL. of ...............9.~.t.gJ?.g~·················,19.9.2 .., and in thel-.~}J;t ... year of the Commonwealth. �~~~ f=C i ROCK! '(: ~T '::: CO~Y T jl ~y l Au ' -..,I 11~. •,:·rr:c,LJNTYOf ' 1":LI - l\lG A Tl?_UE ~ ~~........ . .•••••• �Comp. Form 18-A STATE OF VIRGUS~ COUNTY OF __ ¥ e.kj TO ANY SHERIFF l • I\/ 6- Hit N') No _____ To-Wit: _ OR POLICE OFFICER: \Vhereas, I_V_A_N __ D_. _L_O_K_E_R _____ has this day made complaint and information on oath before me, ____ _ (Name) ______ J_U_S_T_I_C_E_O_F_T_H_E_P_E_A_C_E __ of the said County, tha~------------CTit1•> , 'C.>EN:fltNUN did on the_~day D,D K✓lL T-1/E r:pclie.E of . FRA1111Kl1,{CvFIBltt:..Ej .Jf, ;r -1..l.& Y Ati~ ttNZ> D,G,11-ry ({)rv£ , 19 "~ Unlawfully . U_e-J2t:TT oF 7/lc in the said .county AND _£_~KJQUSi,u ' • I' ttl1.kt11tMsJ (;O/YJIYJ~/JIIJ/r.,;.lT/1 86-A1N$z Dr //;lfi✓Al;.1-) 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 uody (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~day of__ ~--~~· ...... ""-·~L=~-+-· --.,,.--c---,_ ( Title of Issuing Officer) JUSTICE OF THE PEACE 1;~: �City Harrisonburg STATE OF VIRGINIA---XXJClSTTYOF------~=------------------, to-wit:City John G• Leake ~ I, a J Justice of the Peace t in and for the ~ty aforesaid, State of Virginia, do certify Benjamin Franklin Cubbage, Jr. that Ben Cubb- ge y , have this day each acknowledged themselves indebted and -----------'=---------.,..,..,..,.,....,.-.,,,..,.,-,..,.,.,...,...,,,AS his surer 1'J.V.I!; lhUU:SAl\a:,------------------------------------------Dollars to the Commonwealth of Virginia in the sum of ( $__ 5_0_00_._0_0 ___ ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth to be rendered, yet upon this condition: That the said Benjamin of Rockingham Franklin Cubbage,Jr. County, on the 28th shall appear before the day of August at 2 P M., at Harrisonburg , Virginia, and at any time or times to which or further heard, and before any court thereafter having or holding any proceedings in connection with the for the offense with which he is charged, and shall not depart thence without the leave of said court, the said and effect until the charge is finally disposed of or until it is declared void by order of a competent court; ~t County Court 19_, the proceedings may be continued charge in this warrant to answer obligation to remain i~ full force and upon further condition that the said -------------------shall keep the peace and be of good behavior for a period o,,.___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this ---'3"-0_t_h __ day of days ~ ~ July 4JBlp. J.P. ----- ~ ~ ~f;! ~ ~~ 1-1) ' ~ C. • l"' ::r R;'§ '-0 '11 s· c1 g_ "' c1 g_ () 0 ~ 3 30 p ~ !l ;: > § ,., p '< "' C 3 8 0 ~ • I-'· C/l I-' p.. ~ s ._ ~ p "., 0.. p ,., "' () ;i,:: I; HJ z..; () 0 ~ ~ '11 g. ~ > ..; ~ ::x: ~'o 'i ~ p., o' 0 9 z ~ en I-'· ..; z 0 ~ (!) trl 0 (!) ~~en (!) ~ p t1 0 ~ > I-'· ::r (') (1) ~ ~ c:t-C/l ~ Oil :,: p.. :::s I-'• p.. :::i :::s (') ~ sfl (1) (') p., c+ o' I-'• I-' I-' p § o' i C/l '11 s· 1-1) :::s (1) i.i ::r I-'· ~.. en (1) " ~ () 0 p.. (1) c+ ... \ 'i 2'§()Q :::s I-' c:.::: ~ ... ... 0 p.. 5'g, 'i • -- ::r (!)::r ::r (!) (!) 'i p., ~ ~ ~ 0 0 < (!) ~ ~ I-'• :::i c+ i:: (1) ~ c+c+ 1-3 0 (1) ~'~ ~ ~ ~~ O \ ~ c1 g_ ~ "' "' ., () ... ;,;- ~ " ! > ... ... !! "' tll ~ :;I E ~ ., ,., .,... a C p 0.. ,., "' '& p e. 0.. .,0.. '< ~ ~ g, .,,., 5 g;, <: ::;· 8 ~- 'O 'O ., .... s· s· __;;;· 0 l)Q ~ ~ O" .... 0 "' [ ... 0.. g. "' "' ..; ::r .... "' () 0 ~o. g_ 0 ~~ en ..; en C ti 0 p :::; C ~ :;· g. "' s ~ ...... \D V'\ l s· ~- () 0 ~ "- ~ l)Q () 0 ~ fl ~ ,., a. "'"'... ,., "' 0 l)Q C p 9 0.. "' p ;::;· 6~ �//-r2;-t;2_ ��COMMONWEALTH v. CUBBAGE CHARGETO JURY If you find Jr., guilty the accused, of voluntary indictment, you will manslaughter, as charged for not less Cubbage, in the say so and fix his punishment ment in the penitentiary five Benjamin Franklin at confine- than one nor more than years. If you find him not guilty but find him guilty charged of involuntary in the indictment, ment at confinement years, not exceeding One Thousand Dollars for a period or, in your discretion, than one by a fine ($1,000.00), or by confine- one year, the accused guilty but find him guilty say so and fix his punishment for a period or by both not exceeding twelve Five Hundred Dollars of either of assault and battery, by confinement months, ($500.00), of or by a fine in jail not or by both such fine and imprisonment. If you find him not guilty, more. of and imprisonment. the above felonies, exceeding as further for not less not exceeding If you do not find you will manslaughter, say so and fix his punish- in the penitentiary five such fine manslaughter you will nor more than ment in jail of voluntary you will say so and no �. r .. l, . •• I ) �v. CUBBAGE STRUCTIO_.___ Court instruct• sudd killin i killing a eelf•defens rovo ation, slaught r I b f.a I th t rou b bim or don ity 1 jury th t wb re de th udd rr 1 1 without d 1n ord r to Ju tify in th cuted t law ul f pr ervia ily hr, JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. o or to v h 1 lif 1 c r excu of th u t prove that b kill round to b 1 v th t the killing hi erci us r th I such ht of d th d ceas or t ther n cs ry to pr ily ha • rve �3"118 .:R a3MAl. WA.J .AV TA Y3H!IOTTA .;,11uai,,oa11111AH �COMMONWEALTH v. CUBBAGE INSTRUCTION The Court instructs slaughter another is the intentional without engendered malice, or brought Involuntary killing of another prosecution I the jury killing that of sudden passion about by reasonable by the accused of some unlawful man- of one human being by in the heat manslaughter voluntary provocation. is the unintentional while wrongful engaged in the act. ��INSTRUCTION NO. The Court every person charged Commonwealth so clear, of the has and jury presumption or guilt is guilt has precise more presumption him. the entire been that to and than beyond terms as still his all is his the in goes with at every this the innocence; applies, and stage that the testimony, until doubt the the may be for reasonable minds connection, sufficient of ln the This conjecture, charged so strong, guilt. applies never or until left and And in is law presumes by evidence preponderance prabable innocence as theory by the proved it the be innocent there by proof. speculative narrow of case that guilt that an abiding instructed that and his so conclusive, repelled upon gmilty; established to presumption, until accused, crime is thereof is with jury doubt through jury the no reasonable accused the instructs his in indictment, they h~s must the the acquit �_v u ) J J �INSTRUCTIONNO. The Court to constitute instructs the offense reasonable doubt, out of the acquit; that every reasonable only with liberty the guilt interpretation if that every there as to any such fact, that is which incriminates cannot him. doubt, they shall and be consistent the jury equally one of which is oonsistent they a must be to exclude of innocence, and where a fact necessary beyond is a reasonable ~f the accused; of the accused, fact must be proven of the evidence hypothesis to guess, innocence evidence, the result two interpretations, charged and that arising the jury arbitrarily is not at susceptible with of the adopt that �V l J - �COMMONWEALTH v. CUBBAGE INSTRUCTION In considering burden of proving Court instructs able 11 nor its reason, whether the guilt the jury and is not to be confused imaginable, conceivable In passing must limit of this case, therefrom. its concerning fact, immaterial and rmessential a reasonable your minds are left from reaching a convinced Commonwealth has failed If, sideration viction reasonable of all the evidence of the truth doubt. of the accused of the charge, presented of the guilt after at the trial inferences to be drawn to create doubt, nor of guilt. any doubt arising or from questionable fact and not a mere doubt consideration of all of the of doubt as to prevent of the accused, you then the burden. an impartial in the case, of the charge, the circumstances. in such a state to meet its on the otherhlnd, for beyond every in mind that testimony and honest belief reason- doubt, should be a doubt of a material of the guilt after inferences should bear to the proof If, evidence, to find from conflicting of any particular essential and reasonable go beyond such evidence the jury from lack of evidence, or possible of the proof to the evidence the natural Furthermore, the doubt. consideration cannot 11 the word a man must be proved guilty can you go beyond such evidence proof with imaginable upon the sufficiency The jury doubt, doubt is a doubt which is founded on or possible including beyond reasonable you should not overlook A reasonable the law does not say that jury or not the Commonwealth has met its of the accused that meaning. f and reasonable you have an abiding you are then satisfied concon- beyond all ��INSTRUCTIONNO. The Court in this case evidence of instructs shall the guilt not the jury be considered of the accused. r that by the the indictment jury as any �..L )l ..:SJ - (_. �INSTRUCTIONNO. If the jury believe from the evidence in this case in this case that the the fact assault the of actions that of the he was assaulted was made with accused life accused believed or great ground, his adversary, prevent his necessary display himself to bound repel to force the jury taken the life of harm upon him, but only the but believe the the decedent the accused would need deceased or right and that of to be, kill is would, to not in great r~,~~i~ was~unde~ loss stand or it inflicted do so. the the own life, injury; accused, that his that danger the if from violence case, had of bodily or that and, loss and imminent in force, great the that with force be in then, resulted deceased of retreat, prevent have apprehension harm; to receiving that by the such bodily was not his accused an fact, bodily �l ..J 0 '-- (_ (_ J t t .__ 1 l t u ..., :::, .., 1 t J ) t .l ) '- (_ " l u )J_ ,J ~- J ' '-- l .., "\ �COMMONWEALTH v. CUBBAGE INSTRUCTION The Court instructs whether into or not the deceased consideration whether the jury ) that was the aggressor the reputation he was a dangerous 1 in determining they may take of the deceased and violent man. as to ��COMMONWEALTH v. CUBBAGE 6 INSTRUCTION The Court instructs the jury that on a sudden provocation, or sudden quarrel, killing is manslaughter, and in order killing as being self-defense, done in the lawful the accused through the necessity himself from great ground to believe his own lie bodily that exercise his harm, or that the killing or to save himself without to justify must prove that of preserving where death the or excuse such of the right own life of the deceased or to save was reasonable was necessary from great malice, he killed there ensues bodily to preserve harm. ��COMMONWEALTH v. CUBBAGE INSTRUCTION The Court instructs good reputation jury of the accused along with other the guilt or innocence ;14 evidence 7 the jury that evidence may be considered in the case of the accused. of the by the in determining ��COMMONWEALTH v. CUBBAGE. INSTRUCTION / {) The Court instructs the jury that kHyt'Jt?,; re~ ✓t,nQ..6le. ct:,r,,..1,-1-from the evidence~that the accused assaulted than in the exercise of self-defense, if they believe the deceased otherwise bd,cve /J-6m 4 eY, <Ie'?c. e.and further~that the m!)_I,./- h111,-creaJ6f;?t;61_y deathAresulted jury should from some cause find the accused other guilty than the assault, of assault then the and battery. �J �COMMONWEALTH v. CUBBAGE INSTRUCTION// The Court instructs witnesses is a question appearance fying, their exclusively of the witnesses the reasonableness apparent candor the jury on the stand, and consistency and fairness, their the opportunity know whereof they speak, the relationship the parties, if any, the interest of the trial, if any appear, circumstances appearing is the relative accordingly. weight their of and from the manner of testi- of their testimony, apparent intelligence of the witnesses to of the witnesses of the witness and from all on the trial, which witnesses the credibility for the jury; or lack of intelligence, to determine that other the jury in the result surrounding has the right are more worthy of credit of any such testimony to and what and to give credit �� 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 Benjamin Franklin Cubbage, Jr. 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 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_009 Cubbage https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_020_010_commonwealth-v-benjamin-franklin-cubbage-jr-.pdf 03d28cd9012a5f6746eff987797c984f PDF Text Text v. CUB E -- INS'fRUCTION The Court instructs h t into r JAMES ATI'"ORNEY R. SIPE AT HARRISONBURG, LAW VA. r n t th coo id r ti wh th r jury s a gre sort th r put ti erou of th viol t inin th t in d t y y t ae to • �V b :t u WA.J TA Y::OUlOTTA ,AV ,ORUBl-tOelflRAH �v. CUBB E th jury INSTRUCTIO The Court instructs witn a is a u tion r pp c their th know wher of thy parti , if of the trial, circ is th ATTORNEY R. SIPE AT LAW HARRISONBURG, VA. th peak, th whic jury; fr of th d, th ir man r of te ti• opportunity r 1 tionship t ony, t of the witn a es to of the witne • s to t of the witn s y ppear, ibility a, th ir apparent int lligence in tb r ult d from all other surrounding ppe ring on the tri rel tiv ccordingly, nc, st er co ai t ncy of their y, the intere if tance to d termin JAMES sand appar nt candor and f irn or 1 ck of intelli th xcluaiv ly for th of th fying, the r a o bl n th t th r 1, the jury ha r th right worthy of er dit and wh t ight of any uch t atimony and to giv credit �j J:J: :f • a ... C .I: j 391a WA.J .AV .ff 23MAl.. TA Y311ffOTTA ,a,iua11021,i,iAH �v. CUB AGE h th r or not th STRUCTION I coneid ring uilt Court th i Ar d w In p ssing d t8 tion to oo r fr proof of any particular c ury fr eonflictin act, If, aft r ce your ind If, on th siderati viction of 11 the truth of th doubt. ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. t tit c in th • or ccu circ ri terial and not a fact r doubt tanc s. of 11 of the t t of doubt as to pr v uilt of th t you accused, tb n tb burden. rtial cs• ing y or t of th oth rhmd, aft r vid o 1 rawn y doubt 11 f of th f 11 d to C ri of gilt. 1 ft in such a c nv c fr JAMES ar th euc s to b d hon t consideration abl doubt, for C ess ntial reas so able hould guilt found don t hould b a doubt of to the proof of th on• h proof o t e c re, to fin t trial or po sibl 1 o eyon yon such vid word "r V natur 1 and r incl vid ncy of th doubt, th doubt which i in 1 uffici tits yond r a onabl doubt i onabl not to 1· it ccu d on alth jury that you should not ov rloo ing. reaso • of th C d r 1 con- 8 you hav charge, you a e th n atisfied con• by d all �- I I :t :, .. l.t .[ "l' :J' • 3918 .fl 8'.3MAI. WA~l TA Y!IHROTTA .AV ,aRUBl'IO<!lRRAH �v. CUBBAGE INSTRUCT! Th Court instructs audd n provocati illin 1 killing in , or the jury th t wher d th udd rrel, f nse, th lf•d ust prov far (2) Th th kill erv:l.ng hi o or that th r ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. d th life w ary t great bodily h JAMES th ~ 1 ught r, and in ord r to,..,red ~or the mort 1 woun wa was nece without n ue on iven, be decl he cold with a fety; d cea -d thr uh th or to av himself fr n ces ity of pregreat bodily h rm, re sonable ground to b lieve th t th pr serv • hi o lif s, or to killing av him lf fr �) 3"'118 .ff e3MAL WA.J .AV TA Y31'1>IOTTA ,.>SlU8H02llUiAH �v. CUBBAGE INSTRUCTIO.__ Th Court in truct sl ughter i t another w thout Invol accident JAMES ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. lice, of so roper p jury that volu try killin in the e of one human bein o· sudden a tary manslau hter i lly, contr ry to th prosecution th int ntional th tention the illin of th an~ b ion of one p rties, n the unlawful, but not felonio s, act; or, in ce of a l ful t. �1 0 .[.[ YvAJ TA Y3HflOTTA AV ,ORUBMOi!lffAAH �I STRUCTIO NO. The Court instructs in this evidence case shall not of the guilt the jury e co sidered of the accuse. that the i dictment by the jury as any �.Oit tfOITOU rl 1 e rlj ut j rlj dj d ,C1U ~ j blc oo u~J-nl ~ ~ j n L ~UOv .... rt:t n.t V' �INSTRUCTIONNO. If the jury believe from the evidence~·- ......~~ een.- 14m:l a•t that the actions the fact assault that of the accused he was assaulted elieved himself or great accused was not bound to retreat, repel his adversary, his necessary have taken harm; then, force receiving that the jury the life the loss great apprehension that odily believe the decedent in that or violence that danger of loss case, and, f ee of his on injury; the e, kill or to is not would, or inflicted the accused to stand life, and it the deceased of the accused, harm u on him, but only that the ut had the right with force, to prevent of force from and that to be in imminent of life his ground, bodily case resulted by the deceased wa.s made with such display the accused prevent in this in fact, great ,as under an would do so. bodily �lv velI dj rfj' j j' n j ... ~j ~ j" j u ri r l ( j 111 j \;';Il t. 0 1 j_w t j t. . 1 :t fl 0 If r. t. .. t. 1 I ..,1 l~ ! t ;_ .[ r;t 0 ;:t I! j e t l 'J j lI .c!J ..J. 0 l11lJ -+a v~ r 'I I r{j ...i:.!) J 0 t w j J • EH �L STRUCTIO The ourt to constitute reasonable instructs the offense doubt, the jury charged and that out of the evidence, acquit; that every reasonable liberty to guess, two interpretations, innocence is a reasona as to any such fact, must of innocence, of' the accused; and where a fact that necessary him. le doubt, they shall e to exclud the Jury is not at is equally they cannot which incriminates fact and be co sistent one of which is consistent of the accused, interpretation every must be proven beyond a of the evidence hyoothesis only with the guilt that f there arising the result· HO. arbitrarily susceptible of with the adopt that �'m 'l �INSTRUCTIONNO. The Court instructs accused to be innoc reasonable doubt, the ju nt until and if doubt makes it duty to acquit their probability of his to convict, nor is it preponderance indictment, prove guilt, with sufficient trong, if supports the evidence, eyon the a of the jury of the accused, however there guilty him, and that but to warr nt his that the law presume is u on the mind of the guilt of evidence so clearly consistent he is proven ther any reasonable that the law mere suspicion or is not sufficient the greater eight or the cha ge in the conviction, is no reasonable his guilt must be theory, upon which he can be innocent. �. 11 10ITOUHT" I ,1 ut '(l('ij rfj d CI .ut .r. u rf .t :h:u ll"I:J nu I ! O'l :t j o nl t j' 'l n dJJ j n 0 j It ;{ 0 j .L ;:t Itc 111 I '! < 4-') ._,,.vr [ t :t 'l V .... . 'v .... j 0 '! ff 1J ~n rfj vJ ::> .I.'l ... ,J r 1- l d°Il �v. CUB AGE CHARGETO J If you find the guilty Jr., of vol indic 1 ugbter try th p it for tiary in B nj • will say so an tin iv CCU Y klin punia • th th t t C fin • one nor y ars, If y u find him not guilty f volunt laught r, ry ut f furth in th indictm t co fin t nor mor b not ing xc tin for ATTORNEY R. SIPE AT HARRISONBURG. LAW VA. bit for uot lee ay o p riod d t ix puni h• one th by a fin of ($1,000.00), or by confin ing on y guilty ia punia xce ding t ive lhmdr r r, or by both t. Doll r lve of eith r of saault and battery, t by coufin at in J 11 tbs, or by a in ot ($500.00), or by both s cb fin nt. If you find him not JAMES tiary o and f 1 , but find him uilty of d f.mpriso ore. it u do not find abov ceding p s y p riod not exc riscm I for th you will Tbouean D 11 r uch fine you will t, five year , or, in your di cretlon, t 1n j il th Cu bage. a ch rged 1 ix hi t 1 r uilty, you will y and no �• l • i :, 0 C C WA.J .AV TA Y.!11,IJ'IOTTA ,nffUBH02UIHAH �COMMlONWEALTH v. CUBB INS tJCTI____ _ rt ood reputat jury alon 0 ith ot in truct th r th ju e CCU vid ca io cu JAMES ATTORNEY R. SIPE AT HARRISONBURG. LAW VA. that si evi of t red by tb h case ind • c te ining �WAJ .AV TA Y3r1HOTTA ,i:>RUBH03ISIR"-H �COMMONWEALTH CUBBAGE CHARGETO JURY If you find th Cubba e, Jr., guilty in the indictment, ccused, Benjamin Franklin of voluntary ry for not le s than one nor than five ye rs. If you find him not but find hi guilty ment at confin uilty of inv luntary charged in the indict nt, years, such fine and ATTORNEY R. SIPE AT HARRISONBURG, LAW VA, anslaughter, s further ry for not less than on ($1,000.00), for a p riod not exce ding one year, by a fine of or by confine• or by both pri onment. If you find him not guilty, JAMES slaughter or, in your discretion, not exceeding One Thousand Dollar ment in jail of voluntary you will say so and fix his punish- ent in the penitenti nor more than fiv more. s charg d you will say so and fix his punishment at confinem nt in the penitent! or anslaughter, you will ay so and no �.. . t O' 1 g il on £1 - Il :t o al 00 • 'I j lo d :too u i 'l •d l .[ 0 .t l J: j "i j:j - -;r 0 C O C ( :::t 0 I :t.t p I 3Cfla WAJ .AV .s:I a:3MAl. TA Y3H>10TTA ,ii>flUBHOe1>1>1AH �Se temb r ~962 4, ~·.."• ~., .,_,y. ·U-" i c..:'"' 1...,; at La: .y Lucas Building~ I..uray9 Virg_nia e: LS South Court ~t. Commonwealth v .. Benjamin 'rru-tklin Cubbage, J-:..·o Dear Mr. Lu a: ecc· c..;:lng h "ewith pbotOb'attic exao :u..c::v s ·cc or-.: and of th utopuy. • ai medical co i-~ •f tb I ~ m J., If I can be of any urther ..;t _so al wi h With b V f> e se • et i ry tZ"U•Y yo rs James R. Sipe JftS/sfd Enclosures ��August 16, 1962 J. Lynn Lucas, Esquire Lucas Building L ray, Virgini Re: Common alth Vo Cubb ge Dear Mr. Lucas: I appeared in the Rockingham County Court today, and as previously agreed between us, bad the case.st for preliminary hearing on Septemb r 14 at 2:00 p.mo tom I am enclosing by your client. herewith a copy of th With b st personal wishes, I remain Very truly yours, .James R. Sipe JRS/sfd Enclosure 1 statem .nt giv n ��~ r~..Pp,~~/ft-,.;>6-~~-~~ J~IC'- {13~- ~~)-~'---??~ ~,19'-t ff~~('."'~ - y::20 - ~- drd2 J~- ~ - c'~-~ M--~~ -..11/~/,v,,,~- - c,t-~~~ ~~~~41-- ; ~~~~-=- ~~ /'o/ - A/£~~~~­ tka/~ ~~__, ~~~ ~ ~~~ ~ar~~ r~ ?fl/"' µ?.i • ,'._;,~( u/ # ~ 'r-r-d~~,/4.~ r ~ L ----=------_a/~-~~~~,2~ -- -- ~ ~~ ~ ~ ~~ r~~~ ~~) - �j ��..... ""\,.,..,_,_,.. ..;-.... .... _______ .... -·-.......... ,....._ .......,__ ........ _....._....,._. r I ~ �r i) h r ~/~ cl(:, ~ ~- ~~~,,,~~/l'V ½ . ~) -LA, • l (,J · >)~~ ~~ ~ (ti) - 1 tG? - ~- at'/ >?-( 40, ~ ~ ~:$~ •· . ) . :?. ✓ ? /~V ,- �.... .....,.._ �✓ ~~/ 2l#7~<'A#r/ .,~77 L_ ~ ~;7~#~~ &/~~~~ ~~ ~ /~/~ ~~/4' ~~ #-%Y7{,L~ M ~~~d',f 9. - 4 -~/ ~ -- £~~gi ,?;7,, ~- - ✓ //~~j, G,GC,C~ • ~ ~hd-· 1) ~~/ 0,) ~::$,~/-~~C/?7~-?...26-£4~ {.I) j?l?/~~., 0/}(2@(7 •• { - U/4"vk . ✓ ~~4 ~, :Y~ ~✓ ~/?L'£~ b?PkJ? ~ (L7~ ;h t:t~~~"'T: ~-- - �_______ ,..,...._ ..... .., __.,._ ____ ..,...._..,....,.. -H---- . �\ \ \ \ CO NWEALTH O VIRGI A h C rcu t Curt of ock gh Th Grand Jurors of tb and for the o y of th Cir u t Co rt enj in th in Co murd r f th •1:' klin said Co nty, upon their Cubb g , Jr. 1 ~ ~ lliam the C:Ollll:noraweelthof Virgini ini int evidenc • JAMES R·. SIPE ATTORNEY /AT LAW HARRISONJURG, / VA. I in ope court fel 1 no ttending the oath pres n that on the 29th d y of July, io~sly the pe\ce i d di 1962, kill ity of . uty w1tne tober Term, 1962 Commonwe1th of V rginia County of Rockingham f n ckingham, Vi v r tt o County, d ri ent to th • Cr . ~ Ju~ lcox, to give d �I I j :t 'l' d .".t da 3918 WAJ .AV :ff 83MAL TA\ Y31<HOTTA ,.>RUIIM021:R!1AH \ �l O VIRGINIA OF 1W W\.,u,~,n.Rn, to it: 1 In cu O tob r Juror6 o G C on y of th Circuit nj 1n ti? Co in r C un y 1th of f th klin Cubb g •• 1 kingh r ir ini, o gh , , at pr f l oiou ly d1.d th p d "C the ttendin 29th d y of Jul th rm, 196 i n 1 tat 1962, 11 and ity of the Cor.m:1onf t itn • vid JAME'S ATTORNEY R. SIPE AT HARRISONBURG, LAW VA. 1e c . ourt er ff t to th Gra co • • Jur o iv �• 3"1le WAJ .AV .H 23MAL TA Y3"1HOTTA ,af!USl108Ulf!AH �LAW J. OFFIOES LYNN LUOAS LURAY, LUCAS BLDG.- August Mr. James R. Sipe Attorney for the Commonwealth for the County of Rockingham Harrisonburg, Virginia Dear Mr. Sipe: Re: VA. IS S. COURT 17, ST. 1962 of Virginia Commonwealth v. B. F. Cubbage Reference is made to your letter August 16, last, in which was enclosed ment given to you by Cubbage. to me, of copy of state- I take this means to express to you, again, my deep appreciation of your usual consideration and cooperation, in connection with this, and other matters, involving your and my offices. JLL/dw ��~~ ~w~~::1..&~~ t1~~~- /: (Llp;fl'~)- ~a2.1~ ~~ --- -· ~~~/.../~ ~ ~~ ff'/Un~~/&2/ ~~~-'L.-~~-~ ~kY'~~- .... // 9 ~ &?°~/~~ - ��Comp. Form 18-A f ST A TE OF VIRGINIA COUNTY OF ---~--------- TO ANY SHERIFF No.,______ To-Wit: _ OR POLICE OFFICER: Whereas, has this day made complaint and information on oath before me, _____ IV_A_N __D_._L_O_K_E_R...,;;_ _____ _ (Name) JUSTICEOF THE PE.ACE ____________________ of the said County, tha.________________ _ ( Title) 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 Lody (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.________________ 1 • , , 19__ • , ( t '-·'" •N ( Title of Issuing Officer) JUSTICEOF THE PEACE _ (Seal) �STATE OF VIRGINIA-COUN1Y OF --------------------------, to-wit: a Judge of the County Court Justice of the Peace I, in and for the County aforesaid, State of Virginia, do certify that as his suret and have this day each acknowledged themselves indebted Dollars to the Commonwealth of Virginia in the sum of ----------------------------------------( $,________ ), to be made and levied of their respective goods and chattels, lands, and tenements to the use of the Commonwealth of Circuit shall appear before the be rendered, yet upon this condition: That the said ----------------------, County, on the ________ Court County day of ----------------, at ______ M., at -------------------, Virginia, and at any time or times to which or further heard, and before any court thereafter having or holding any proceedings in connection with the for the offense with which he is charged, and shall not depart thence without the leave of said court, the said and effect until the charge is finally disposed of or until it is declared void by order of a competent court; 19_, the proceedings may be continued charge in this warrant, to answer obligation to remain in full force and upon further condition that the said _____________________ shall keep the peace and be of good behavior for a period o,._ ___________ from the date hereof. Nonappearance shall be deemed to constitute a waiver of trial by jury. Given under my hand, this _______ _ to day of ---------------, 19__ aays _ Judge. J. P. ,..,, s· n S- n ~ ., B s· ~ 5· ::, ..... 0 .... ..... ::,, ::, Q.. f Q.. ~ - 0 f;l ,..,, s· n ~ g_ 8 ~ g_ () 0 a B 0 ::, ~ a;: ~ 8.., ::, n -< V, ,:: B B 0 ::, ~ §' ~ s· ~ °" ,;::, ~ ., s ::,nn Q.. ~ ._ ~ () ;. ,..,, is-::i .,::, ~ ff n °" > .., .., ~ t:tl ~ ~ E ,:: ~ ., .., ::, Q.. n .., ;i g ~ ::, ., Q.. -< e. Q.. 5 .., 0 °" ..... s· F' ~ ~ - .,8' <: ~- 8 s· ji' ~ 0 .... a. )1, Sn "' () 0 >-i V, ~ V, 0 ::, S- n .... ... r �I i/¢) -/•:1. .- p,,/ /;)/;4 2 - .~ :r~ $ ~:;:Jlp•- ff~_. ~~:YA,/~- ~--11-z,fa~J 1ip;ft-v Y~d~ ~/ ' t �Jd7t&i ? ti. /J'?l -- ~- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Benjamin Franklin Cubbage, Jr. 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 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_010 Cubbage https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_014_015_commonwealth-v-avril-lee-whetzel.pdf 03dd1179b1bfaa01cc4600d6c886efb9 PDF Text Text Commonwealth of Virginia, Rockingham County, To~wit: Bff;Jf REMEMBERED, that on the ___/ ~ ~-~ sme?i5'o ------ 19_-';f_i{ ----, pnnc,p~-;;:-----~------- iu,stified to "1,ufliciency, came b:/o,e me,-~-'-L-~---Z~~- --~- -~~------, and acknowledged r" -½_~L-----&~---, .. themselves to be indebted to the Commonwealth jJ ~/ ~- of the said county of Rockingham, (J. P. or Bail Commissioner) - (J --~~- f_ _________ _ ~C:i ____________ ---------~--Dollars,($~~-------- to be levied of their respective goods and chattels, Virginia rendered, of Virginia each in the sum --lands and tenements, and they each severally waived their homestead __ ), for the use of the Commonwealth exemption to their recognizance; yet upon .c;2wd this condition: ' That if the said~~--~-~------shall personally appear before the 9-. X •r:o:ri~t /_ Trial Justice's Courto f R oc k.mg h am S:,O.u, lfnr:y, at t h e C ourt h ouse o f sa1•cl C ounty, on t h e _____________ of ~--f~~-l!P ~--, ___~_ -~-~r=~f;:hP~ _____------~-------------------- and at such other time or times to which the proceedings may be continued any court or judge hereafter having or holding and there answer the Commonwealth of any proceedings in connection of Virginia concernin ___________________________________ whereof the sai ____ ' . d ay ------, or further heard, and before with the said charge, and then - ---------------------___ _ ______ ---P----stands 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. ~HEREOF, I hmunto affix my signatme this _____/_~------ ------------------'-----, 19fa?,b ay of ____________________ _ ��1-)20 QU\;., '\~l\~ ~\ COMMONWEALTH v. ) Felony (murder) ARVIL LEE WHETZEL at, I . I \96/ �34-2877 �DEPARTMENT Of' TRAYELER:l RICHMOND PUBLIC CHILDREX'a WELFARE BUREAU BUILDING 1203 19 EAST BROAD STREET RICHMOND 19 December 11, 1946 Mr. J. Robert Switzer, Clerk Circuit Court of Rockingham County Harrisonburg, Virginia Re: Arvil Lee Whetzel Dear Mr. Switzer: This to acknowledge the receipt and the acceptance of the 00Dm1itment on the above named boy who was brought into Richmond yesterday and placed in our receiving home. Very truly yours, ~t',d~ {Mrs.) Susan E. Tabb Asst. Supervisor, Intake Division SET/lfw ��xxx.xxxxx:xx Decernber 19, 19A,.6 Roger Baldwin, ,.,sq. Arneric, ...n Civil Liberties 170 Fi.!'th Ave. Union \ New York 10, N. Y. l 01.1.r ~ J.t': our letr,er of December 16, r(jla.tive to the conviction of Arvil "ee ~ 'hetzel on r:.. churge of second degre~ murder 'Al'E:sL eceived, unu for your informu tion r aru enc108in, here~ith ~ Lopy of the cou~t orde. ·ihich :1 .ts out in deth1l the action of tl1e cou.rt. Yours very H. W. Bert .~ uly• emt Judge mb ~nc. CIE:l>K T v,J\l'l:H?VHE.l 1:SOBEIH. 2MI.L:S:EM 1n □ CE HOW H" M" BEM.USVl'I 9t:i'ii"'1nW Y..,,Vi::SCIE 80A\EH'8' ~ar.~111onpnr.fl• JJ!dlpJ:f~ 01tt.J fl{ }fnt~ )J:ft}JgJJJ(1!01U Ji M' EDG'Vli DEbn.LIEa ElbE \ �QU.erlt's @ff:iu C!tircuitC!tourtof Jocking4am <!LounfJl HON, H. W. BERTRAM JUDGE J. ROBERT 1£tarrisnnhurg, Birginia SWITZER DEPUTIES W. EDGAR MARGIE CLERK MARGARET . ~ .. , . T T SIPE BOWERS BRANUM �NAI'IONAL COMMITTEE LOUIS /\0AMIC THURMA!'.' l'~RN0LD BISHOP JAMES CHAMBERLAIN BAKER DR, HARRY ELMER BARNES PROP, EDWIN M. BORCHARD V },N WYCK BROOKS Da. HltNRY SalOBL CANBY WILLIAM fuNllY CHAMBERLIN JOHN M. COFFEE MOB.RIS L. COOKE PROF. GnoRGE COUNTS JOHN Dos PASSOS MELVYN DOUGLAS SHF.RWOOll EDDY l"HOMAS H. ELIOT DOROTHY CANFIIILD FISHl!ll Rav. HARRY EMERSON FosDICK KATE CRANB GARTZ DEAN CHRISTIAN GAUSS UCAN CHARLES GILKEY POWERS HAPGOOD EARL G. l:-IAnlsON MARVIN C. HARRISON CHARLES H. HOUSTON QUINCYHOWB DR. MORDECAI W. JOHNSON SABURO K.loo DR. JOHN A. LJPP PROP. HAR01.o D. LAsswllLL AGNl!S BROWN LEACH MAX LERNBR WILLIAM DllAPllR LEWIS ROBERT MORSS LOVETT PROP, ROBERT S. LYND ARCHIBALD MAcllilSH JOHN P. MARQUAND PROF, KIRTLEY F. MATH!!& BISHOP FRANCIS J. McCONNELi. CARBY MCWILLIAMS DR, ALIIXANDJIR MEIKLJIJOHN ll-r. Rnv. WALTER MITCHELL FELIX MORLEY CHARLES CLAYTON MORRISON A. MusTE BISHOP G. BROMLEY OXNAM )AMES G. PATTON )llNNINGS PllRRY PROP. MAx RADIN A. PHILIP RANDOLPH \XIJLL ROGERS, JR, ]OHN NEVIN SAYRE RT, Rnv, WILLIAM SCAIILBTI' JOSEPH SCHLOSSBERG PROP, VIDA D. SCUDDBR PROP, ODBLL SHBPARD ROBERT E. SHEllWOOD RABBI ABBA HILLEL SILVER PROP. CLARBNCE R. SKINNllR LILLIAN E. SMITH RAYMOND SWING OSWALD GARRISON VILLAIIO WILLIAM L. WHITE AuBRBY WILLIAMS L. HoLLINGSWORTH Wooo DR. WILLIAM LINDSAY Y ouNG AMERICAN CIVIL LIBERTIES UNION 170 Fifth Avenue • New York City (10) (at 22nd Street) GRamercy 7-4330 s. OPPICBRS PROF. EDWARD A. Ross Chair111an,National Commifltt REV, }OHN HAYNES HOLMES Chairman, Board of Directors PEARLS. BUCK DEAN LLOYD K. GARlllSON FRANK P. GRAHAM RT. REV. EDWARD L. PARSONS DR. MARY E. WOOLLEY B. W. HUEBSCH /1.aTHUll GARFlllLD HAYS TrttUMrtr N. BALDWIN Dirt<lor ROGER FREDERICK E. ROBIN Via-Chairmtn, National Commilltt MollllISL. ERNST Co•1111I CLIFFORD FORSTER. Assistant Director Staff Cormstl w. J. BOARD OF DIRECTORS ERNEST ANGIILL ALFRED M. BINGHAM HARRY LOlllN BINSSB PAUL F. BRISSENDEN DOROTHY DUNBAR l3ROMLllY Rnv. ALLAN KNIGHT CHALMBMS RICHARD S. CHILDS NORMAN COUSINS MoRIUSL. ERNST JOHN 11• FINERTY JAMES L\WRBNCE FLY OSMOND K. FRAENKliL WALTEll FRANK VAIIIAN FRY WALTER GELLHOllN ARTHUR GARFIIILD HAYS DOROTHY I. H!IJGHT Rliv. JOHN HAYNES HOLMES B. W. HUBBSCH DOllOTHY KENYON COllLISS LAMONT FLORINA l.ASKl!ll PllOF. EDUARD C. LINDEMAN THURGOOD MAftsHALL Hl!RBIIRT NoB.THllUP MERLYN S. PITZJILJI ELMIIR RICE WHll'NliY NORTH SIIYMOU& NORMAN THOMAS C. DICKIIRMAN WILLIAMS RAYMOND L. W1sa ~181 December 16, 1946. Judge H. w. Betram, Harrisonberg, Va., Dear Judge Betram: We note from the dispatches concerning an eleven year old boy convicted of second degree murder and sentenced to prison, that you would rule as to his treatment following the reported action of the State Department of Public Welfare in refusing to accept custody save under certain conditions. Wfeare ignorant of the provisions of the Virginia law relating to criminal responsibilities of children of this a.geJbut it would appear that the circumstances would justify the most careful disposition of so tragic but understandable an act. We would appreciate any information your associates may give us. Sincerely yours, ,~rJ~ RNB.T I -- you or �• . ... .• �;mu.lA V llJJH Ol I 006 .l:J!OS ~--- Judge H. Vi. Bet ram., Harrisonberg, Va., \JOllVlS 3~vnos NOSIO\fv-1 �r1c 10, . Y. �l} I. /, J Commonwealth v. Arvil Lee Whetzel This day came the attorney and the d-e-fenuant, to his said recognizance Arvil Lee Whetzel, heretofore Lee Whetzel the court ginia, Arvil in accordance set out, by writing the court and being guilty set the-·-fmid Arvil agreed thereupon, all doth find in the State the prisoner should if not pronounce ~~ alfeged--.4 - court zel ~-e~"'- that ~e,e. c r incident Arvil by jury and for the evidence, guilty the the of murder in at seven and one- ._......,._..,._ • l , it of , 4 de-;, 1 L, of£0P8'.i, ff&"';,£. 1 pn him, -m;wt-natb{ng beir~ • ,,, ~ 1 • ect16n ,_., /~ prosecution, -c,.,,1 9:J;~ of< he Lee Whetzel '" r , . to this ~ ,<,~ prav~s1J- s 9f said '1.nd 'And it being inquired I he had or knew o say why~the court ., .J the case without punishment ~ ~ ' is therefor~ considered by the H. iJ ( .-.,.,. iJ the commonwealth recover of the said Arvil Lee WhetAA,,... the costs I. ✓ to the court; heard cp.mm.itted ~o _the 9,~at~ Board of Public .,,,,t aforesaid; Lee Whetzel sentence ,,_( • pleaded Penitentiary. anything "~"·✓.,,(,, this ' of the attorney and having his in the , ,. . arraigned, of law and fact and doth fix the before to hear ,{I thereof the said Arvil the second degree years proceeded to hear and determine of a jury, day siged on the charge with the consent proceeded the intervention half this out in the warrant matters the court, commonwealth, court and thereupon, Lee Whe-tze1 n:a-ving waived trial to submit purs~uant 4866 of the Code of Vir- or presentment case on the warrant; to the charge into; with Section ~hePoapef:l!T the commonwealth, came in person entered having, waived indictment warrant for , and that Welfare • ~ 'l't P)arsuant ~ e pf ,Yirginia, is placed he be ' ; to Uae 1-hu~ t,... i ·; ~ And the 1 in the custody of the Sheriff the State Board of he can be delivered to xmcmfihex~x:tu of this County until Public Welfare. ttxx2xbld~2Nti~x~JOCXlmllllIR!iJcamocx«m:&l[2Jei:i ��6 Arrest Warrant The Commonwealth of Virginia,} T 't • h am C ounty, o-w1 R oc k 1ng To the Sheriff of Said County: Whereas, Sam H. Callender, Sheriff made complaint and information on oath before me, of the said County, on the.___ that __ 8_t_h ___ feloniously and dignity Rockingham c. K. County of said County, has this day Moore, J.uveoile Judge T. J. or J.P. Justice and Trial __AA .... r.._v_._.._i_l'-'"'L"--'e.,_,e..._WJLl,,,lh..,_e.__.t,_,.zweoLl...__ ____________________ day of ____ N_o_v_•~---' 19 46, in the said County, did unlawfully kill and murder one Patricia Ann Strawderman, against of the commonwealth of Virginia _ and the peace I These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to apprehend and bring before the Trial Justice of the said County, the body of the said ___________________ _ Arvil Lee Whetzel __________________ to answer the said complaint and to be further dealt with according to law. 12th Given under my hand this Memo. of Commonwealth day of Witnesses: Address ,~-~~...--,..-,.---c_,_~_,:- 11,,C..1--'4t:1"'~7~ ~~ -~~~~~~~~~d~~~~~ '3/'. ----,,;;,..c;,,.._-__;_ __ ~_~_---~ ;i,ITJL~r ~t: �l: () ::,-' 0 ;:;· 3 0 ..... ::,-' 3 g.. 0;:, JUDGEMENT ro -< l: ro e.. ,.., Trial Justice Court ::,-' Criminal Docket No. C-1663 Commonwealth vs. Arvil { Arrest Warrant Lee Whetzel Exec~ted the within warrant by arresting and delivering the body of Arvil Lee Whetzel ~fun~----- :-l ., .,.... :, Fine - $...................... . 0... Issuing Justice's Fee $ .../,. ..o..o... ,.., Clerk's Fee - Trial Justice Fee /,S't> f-, Arrest and - /s.o ileage Summoning Witness o' .... ::,-' ro $~.< () $......~..c?.J?.. .. :, ~ 0 .: 4112... 0 $ .. ,_. ~ $ ....................... . Witness Attendance and Mileage $. ·················· Commonwealth's $.. Attorney u~.__..,, Jail Fees - - - - _________ Total $.........•.. ~o $ ...................... . - $..l.~.3S' Officer's Mileage Miles travelled by officer Miles carried prisoner Total mileage ...... �COMMONWEALTH vs._Clrl/L~_____,,.V7£~----~--=-c,=--~'--------'---=-.,,"-""-h,le.. DESCRIPTION Last known address __Color_ __yY!___ -J:~~ Heighcf.l Jk_ n -~ .....E.......-:_ OF PRISONER -_jg/:_(_ ------ Eyes __l ____ ____ -~fz _--~~--~~-bl_:~~ Hair__ ___________ ------ Weight__J_(d ______ Marks __________L(t-¥------------------------------------------------------------------------------------ Date d£f ___~- _Lj_ _~ _A_J~~~~- ___________ _ of Trial ________ J._)_t;:J.j_H_.b_ _________________________________________________________ _ Age _____J__ Q_ _________ Result ____7 Occupation _______ <..,~ !lvr-l------------------------------------------------------------------------------- �F �SHEFFIELDHOTEL Sheffield, . Alabama f 7ft / . dff /_~~/4,q t/1' y)..--fy . .,vv ~' • , 4 ��Trial Justice J. D.R. Court Docket No. Com'th vs. Arvil A. W. Bailed Trial Lee Whetzel Arraigned //-/ to/T~il9:~.it~;i_, 11-14-46 Waived preliminary hearing and is held for the action of the Grand Jury. 2 - ~t, ~f-'M �� 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 Avril Lee Whetzel 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 1946 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_015 Whetzel https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_016_012_commonwealth-v-avery-vernard-reed.pdf 25f7d27cbd203a1f148ab7ae9cb1fee1 PDF Text Text ' /t ,. , ~ - .J. I T -f ,, 1 - -------v----+ : I J ...... - I ' , (._ �------+--- .JI-- -+-- I + ·1 �LJ TID: CIRCUJT COURT OF ROCKINGHAH COUHTY, 'lIRGiiUA: COI.'E.!ONWEALTH v. C~:.ARGE TO JURY AVERYV:8RHARD REED If you find involuntarJwill for your OiW say so and fix a period of not discretion, year If accused, nanslaughter, you as his ~very punishment less such find not .fine than exceedinp; and him not Vernard charr;ed by confinement or a fine or by both . more. the in at one nor in jail Reed, the guilty indictment, confinement more of than for in five the not :::>ollars or, exceeding (..,1,000.00) imprisonment. ~ullty, then you ~ill say you penitentiary years, a period One Toousand then so and no in ��IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY, VIRGINIA Instruction No. COMMONWEALTH v. AVERY VERNARD The Court is the killing accused) REED instructs the jury of one accidentally, in the prosecution or on the improper contrary of some performance that involuntary manslaughter to the intention unlawful of a lawful of the but not felonious act. ( act �T �CGr.1EONWEALTH V. AVEHYVERNARDREJ;D V INSTRUCTIOIJ The Court of Viridnia, instructs person, or i'fhen not under as to endanrer guilty The Court the evidence Phillips be:rond resulted such accident or reckless the \'laS to show utter likely to cause involuntary injury manslaur,hter control, limb the by the jury doubt of the State upon the hie;hway or at a speed or property accused, from Reed's nanner, of the or death, that that recoived or in of any if the you believe o:f Marjorie by :1er while a passenc;er Avery Vernard operat~on that then as charged such of others under you shall find in tho Reed, and of sai& car ·wanton or i'lagrant safety from death 2.nd further of suc11 a reckless, disreg;ard laws driving. from injuries resulted the an automobile life, a reasonable an unlanful accused the instructs driven under proper of reckless further in an automobile that that vf10 drives such is jury an operator recklessly, a manner the indictment. in conduct of nature as circumstances him guilty of �. ,. �IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY, VIRGINIA COMMONWEALTH v. AVERY VERNARD The Court charged against criminal Instruction REED instructs the jury the defendant negligence be the foundation for damages representative if killed, that. In order to be criminal negligence such negligence negligence. callous his as is necessary that the negligence Culpable disregard act. performed the death of another, negligence, it must such a character as to show circumstances because likely of recklessness, is no crime. 7-1 --J ~- ~ but something more than as distinguished damage is that be predicated for disregard injury and where such gross be reckless which there indicates a consequences upon every of act results liability in to result or wanton of the safety or death. it must or culpable carelessness criminal from action, and of the probable necessarily to cause or negligence but in order from injured a civil because as might by the person was cannot merely by the term negligence of the accused life liability carelessly for or gross of human Criminal such ..S of the crime negligence; not simply by his personal be shown the gist is criminal is meant of a suit that No . and of of others The crime is no recklessness under is imputed there ��IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY, VIRGINIA COMMONWEALTH v. AVERY VERNARD REED Instruction The Court is of itself a mere not of itself, should permit or on account instructs the jury accusation any evidence himself No. that or charge the indictment against of the defendant's to be influenced of the indictment in this against case. in this the defendant guilt; case and is and no juror the defendant because ��IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY, VIRGINIA COMMONWEALTH v. AVERY VERNARD REED Instruction The Court defendant to be innocent indictment doubt, tent instructs the jury until and to the exclusion innocence. the defendant throughout thereof, and if, the jury have whole him the benefit heard doubt case in the indictment, it is their and applies nor is it sufficient the charge but to warrant his his must beyond all reasonable doubt. the charge stage upon the made the defendant Mere suspicion strong, if the greater supports with in the case, however of the evidence guilt goes at every duty to give preponderance conviction, consis- of the accused to prove of the defendant, in the all reasonable hypothesis and find him not guilty. of the guilt to convict, beyond of innocence of the guilt the as charged all the evidence essential of the doubt guilty reasonable or as to any fact the probability sufficient having the law presumes presumption the entire a reasonable case, against after q by evidence of every This that he is proved by the Commonwealth, with his No. weight or is not or in the indictment, be proved by the evidence �\. j �COTJU.10Nv7EALTH V. AVERY VERNARD REED INSTRUCTION In considering burden the 1.'1hether or not of proving Court the instructs the Hr,easonable 11 is on reason, founded possible guilty nor its doubt, beyond must limit the trial of this that to create inferences say that proof v1hich imaginable or the natural doubt. of the evidence charge, presented at and reasonable The jury nor word a man must be proved to the including nith the a doubt or possible of the consideration is doubt, cannot can you go oeyond go beyond such such evidence to any such cioubt of cuilt. Furtl.1err.iore, the jury should from lacl::: of evidence, questionable doubt conceivable, sufficiency doubt, overlook to be confused not reasonable not A reasonable imaginable, case, beyond you should lav1 does its COJ'.lli""!lonvrnalth has met its accused to be dravm therefron. evidence arising the upon the jury find jury and is not every the of the meaning. for In passing inferences guilt the proof bear fact essential and not a mere doubt that from conflicting of any particul·1r material in nind to the fact, proof concerning testimony, should of the imnaterial guilt or from be a doubt of the of a accused and nonessential circum- stances. If, after evidence, a reasonable your :r.1inds are you from reaching then If, on the other o~ all of the reasonable in such a convinced conuornrnal th has conviction all left the consideration and honest truth doubt. failed hand, the belief a state evjdence of all its accused, buro.en. an impartial and reasonable in the you ~ave charge, of the of c7-oubt as to p1°event o:' the GUil t of the to meet after of the consideration case, you are then an abiding satisfied beyond ��COMI.'IOIWJEALTH V. AVERY VERNARD REED INSTRUCTION The CoW'.'t instructs just as lecal circumstances minds doubt. of the the and just are of such jurors jury as effective of the character defendant / that ci:rcumstantial as any other, evidence provided and force as to s guilt, beyond I satisfy is the the a reasonable ' ��C OMMOl\f,"JEALTH V. AVERY VERNARD REED L INSTRUCTION The Court is instructs a question the exclusively for to deteI'mine from the their manner of testifying, their testimony, intelligence witness result to circumstances more vIOrthy testimony, trial, appearing of credit and to give the jury; if any, r jury have on the determine the relative accordingly. right stand, their relationship intei-•est the and consistency of the and from all trial, of witnesses and fairness, the the and v1hat is credit and the candor any appear, on the credibility reasonableness of intelligence, if the of the witnesses the a:?parent the parties, of the that appearance their or lack jury apparent of the v1j_tness other nhich of in the surrounding witnesses are wei&-;ht of any such ��ry I -/ Docket No. ~ ;F-@ 'Z ~ --3 ~ Jlu , di, Jc:J.. .' • · " • COMMONWEALTH of VIRGINIA ]Cl:, t( ~ t 11c' 'j ry l R. M. \Veaver -------------P· ~ ye d. Appointed ( ) " ; :, e. I 741/z.~ ec. 'Lt:c't: ( X) Own ~ ;t /4 Bond ✓ / Iv II ) Felony (mans) ) On Warrant AVERYVERNARD REED /41' 7 ) vs. ":, t,j < " 0 t f( "'" I' ✓ 'C / ) ~~~ 1952 June 16. == f J1 I- 7 f. '-/ f C, j () I j. i fu:-1- "-fl-tc-e-t~ 'C f Indictment waived. Arraigned & plea/ of not guilty. Trial set for July 1,1952. 0 8/357 ')-o ~ I '"l ~ T J-7..d \J/~ yt.c{. ~ V 11,-~&, t/· I"' (,I I C>c:,,, i~ s.!,J. ;~-" !; c:,,).., t-/ t) I • l/r1ff C 'f/fo'µ _t,e,, /"l/.$/j CIRCUIT COURT OF ROCKINGHAM COUNTY, VA. ��CUE FORM No. 1 Revised 12-48 OF VIRGINIA COMMONWEALTH DEPARTMENT OF THE CHIEF OFFICE 404-406 REPORT OF HEAL TH MEDICAL EXAMINER NORTH 12TH STREET RICHMOND 19 OF INVESTIGATION BY CORONER __ M_a....::r..t=g=i=e ___ -'E=l=i=z=a=b=e--=-t=h __ _,,P--'"h .... i .... 1...1...,i_psAGE: 26 DECEDENT First name Middle name w SD _V--'a=--•~--------M ADDRESS ___ B....::i=g'---S-"-t-"-o=ne..:::.._G.:....a=n"'-'-, TYPE OF DEATH: Body to be cremated □ In prison □ Sudden in apparent health : Instantaneous without obvious cause □ After unexplained coma D After unexplained rapidly fatal illness D 1/11/'?2 DATE DEATH INJURYORILLNESS LASTSEENALIVE l/ll/S2 TIME NOTIFICATION . SEX :_F __ OCCUPATION: _ CORONER NOTIFIED 1/11/52 1/11/52 10 PM 10:30 VIEWOF BODY Violent or Unnatural D ~ Means: Automobile IF MOTORVEHICLE ACCIDENT CHECKONEOFTHEFOLLOWING DRIVERO PASSENGER 10 PEDESTRIAN O PM Elkton. Va. TYPEOF PREMISESCE.0. HOSPITAL, HOTEL,HIGHWAY, ETC.> Rockingham Highway " DEATH D 1/11/52 CITYOR COUNTY INJURYORONSETOF ILLNESS Unusual POLICENOTIFIED ADDRESS LOCATION Unknown ------------- Suspicious 1.....1----------------suspected means Unattended by a physician: Found dead without obvious cause Unattended during fatal illness D Stillbirth attended by midwife D J • C Bri 71 BY· COLOR OR RACE:_~W __ Last name " VIEWING OFBODYBY CORONER NOSE DESCRIPTION OF BODY CLOTHEDIX UNCLOTHED □ PARnY CLOTHEDD HAIR__ MUSTACHr BEARD CIRCUMCISED □ PUPILS:R I MOUTH EARS BLOOD ABRASION □ FROTH CONTUSION □ OTHER GUNSHOT □ INCIStt> □ (Sand, dirt, water,etc.) BURN 0 STAB □ LACERATION□ FRACTURE OPACITIES, ETC EYES:Color NON FATALWOUNDS WEIGHT I RIGOR LIVOR JAW □ ARMS □ NECK □ CHEST □ BACK □ ABDOMEN □ LEOS □ COLOD ANTERIOR□ POSTERIORO LATERAL O REGIONAi □ SCALP□ FACE□ NECK□ CHEST O DISTRIBUTION: BAC.K□ ABDOMEND ARMSD LEOSD ENO..., BODYHEAT: FATAL WOUNDS: TYPE (GUNSHOT,INCISED,STAB.ETC.) Probable cause of death: Cerebral SHAPE SIZE injury, Multiple lacerations, One involving jugular vein with hemorrhage. LOCATION PLANE,LINEOR DIRECTION Manner of death: DISPOSITION OF CASE: Accident ~ Suicide D Homicide D 1. Not a coroner case D Unknown D Pending D 2. Autopsy authorized D j Natural D check one only By: ____________ _ I hereby declar~ that after rece~vingno~ice of the de_athdescribed herein I t~ok_c~arge of the body and ~ade inqu!ries regarding the cause of death m accordance with Section 19-23, Title 19 of the Code of V1rg1ma; and that the mformatlon contained herein regarding such death is true and correct to the best of my knowledge and belief. Jan. 20, 1952 Date Rockingham Cit,, or Count7 of Appointment /s,/ F. 1. B~rs, M.D Slpature of Coroner I hereby declare that to the best of my knowledge and belief this is a true and correct copy of the original report filed with the Chief Medical Examiner by Dr• F, L. Byers concerning th~e ~:j}~.h Pbi J Ji :ps DATE March 5, 1952 - ~ _ ~_ Acting Chief Medical Examiner �MEDICAL AND OTHER PERSONAL IDSTORY: SYMPTOMS AND DISEASE, PAST AND PRESENT: Addiction IO O Narcotics Anorexia Aphasia O O Aphonia Chills D O O Coma Convulsions Coryza Cyanosis Delirium Diarrhea Dyspnca D D D Edema D O O □ Fever Habituation: Sedatives Alcohol Headache "Head Cold" Hemorrhage from Body Orifices 0 □ □ □ □ "Indigestion" Jaundice Nausea Pain: Abdomen Back Chest □ □ □ 8 □ Prccordium 0 Radiating to ArmsD Paralysis D Skin Rash 0 Somnolence D Stiff Neck 0 Syncope 0 Vertigo Visual Disturbances Vomiting Weakness Weight Loss Weight Excess □ □ □ □ □ □ D OTHER PERSONAL HISTORY: Suicide attempts O Suicide threats O Hobbies, aptitudes or skills with firearms, chemicals, etc. O Domestic, premarital or marital conflicts O Financial or business reverses O Social or religious conflicts O Legal difficulties O Criminal record O Unemployment O Fear of disease□ CONDUCT BEFORE DEATH: Efforts to prevent help O Efforts to obtain help O Suicide attempt: Admitted O Refusal to talk O Written declaration of intended suicide O Accusations against others O MEDICAL ATTENTION AND HOSPITAL OR INSTITUTIONAL ADDRESS NAMEOF PHYSICIANOR INSTITUTION PREVIOUS CHEMICAL OR MECHANICAL MANNEROF INJURY CARE: DIAGNOSIS CHARACTEROF INJURY CIRCUMSTANCES OF DEATH: FOUNDDEADBY LAITSUN Al.IV£BY WITNUIES TO INJURYOR Ill• NWAIID DEATH DATE INJURY: PUCE: CHARACTEROF PREMISES NAME Denied 0 ADORES$ DATE �DEPARTMENT OF STATE POLICE Date hereby Trial to answer for Violating Improper -----k Defendant----~------------~:.•~ 0or Chauf.y,J/~zo,, the Motor Vehicle Laws of Virginia, to-wit: summonsed IB /-~',ta to appear on .HJfJ.4 • (Date) Speed Limit before: at 0 15177~ Jl/tJc o'clock-_,../J_· -~M No Operator Chauffeur License D □ /,,.r~o~ A res p~~~:"~o. Summons required under Title 46 - Section 193, Code of Virginia. to comply with this summons constitutes a separate offense. SZf-?,½/ Failure (Address) �TRAFFIC VIOLATIONS DO CAUSE ACCIDENTS Main violations indi'cated from Virginia Accident Analysis are: } Speed too fast for conditions Following too c!osely • Qid not y" Id rig.ht of way Failed to signal turn or stop Improper passing Disregarded stop sign Operating wrong side of roap-not overtaking FOR YOUR INFORM)\TION: The_ trooper w~o has issued this summons is paid a straight salary an~ ha~ no interes_t i~ any fin~ or costs which may be unposed on you by the court. All .traffic fines for State v10lat10ns are paid mto the State Literary Fund .,. apd used for educational purposes. The cost of State Traffic Law Enforcement in Virginia is paid from Highway Funds. �Comp. Form 18-A ST ATE OF VIRGINIA No _____ To-Wit: ~ OF HARRISON13URG _ TO ANY SHERIFF OR POLICE OFFICER: A__;;_._K_._G_RA_VE_T_T ___ S_T_A_TE_-_P_O_L_I __ C_E ___________ Whereas, ____ _ has this day made complaint and infonnation on oath before me, .-c-=-=J=--Alffi __ S_W_._L_I_NEWE ___ A_VE_R _____ CITY JUSTICE OF THE PEACE of the said ~. _ (Name) tha_.____________ _ (Title) AVERY VERNARD REED Rook~ham County --------=~==--.-.:....==-===;__;::.=='-------------------------'1iKft did on the 11th day of one Marjorie of Virginia Phillips. J anuary Against , kill 19__52 : Unlawfully _______ the peace and dignity and slay ___:__ of the Commonwealth • 'I. These are, therefore, to q>mmand you, in the name of the Commonwealth, to apprehend and bring before the Rockingham Trial Justice Court of ~ County, the body (bodies) of the above accused, to answer the said complaint and to be further dealt with according to law. And you arc also ,directed to summon color ___ color---'---- as witnesses. Given under my hand and seal, this _ Address --------------- □ Address --------------- □ color ___ _ Address ---------------□ color ___ _ Address ---------------□ color ___ _ Address ---------------□ �-~:c..-~~=~~"~.a~~~~""-'--'--""'~'3-1.....,~~..... 4-.e-,,~-~T.ciaJ J •iee Ju tice of the Peace to-wit: in and for the ~ aforesaid, State of Virginia, do certify and Dollars {$ybtt20 , t2.0 ), to be made and \e.ied of be <ha~' j• ~;;/' -~~ sai of 1-:;,.4_,i;;_~cc:i~.-d-:.dle7'?-'..Ll.:,~!4-.,__ ---,.-- County, ______ and tenements to the use of the c:,;;,::.wealth , s~all-:r:,ar ,::2.. L on the day of #, before the Trial Justice ~ to Court -, 19V-~ at ---,L.C---.....cc.___;;__,'--'.::,,,15!!.t!.~~Q~£«2"~:,i,,:~~~L-, Virginia, and at any time or times to which the proceedings may be continued or further heard, and befo e any court thereafter havin or holding any proceedings in connection with the charge in this warrant, to answer for the offense with which he is charged, and shall no depart thence without the leave of said court, the said obligation to remain in full force and effect until the char Re is finally disposed of or until it is declared void by order of a competent court; and upon the further condition that the said from the date hereof. t'p the peace and be of good behavior for a Given under my hand, this __ ~.., '\' 0 n0 ~ "' #-.LJ~'(j=-..-d~~day of _ __...;7f!2:!,~c:i.,s.,~~:::::::;\-----..,.--,,:U "" Ill ..., s· ~ ~ '1 () ::r I-'· <: (D (t ~ E. Q . p., ~ " p ::r 0 Ill :::s p., ? .,,. .,,. Cl c+ ::r 0 I-'· en f-.J '\\ ...,,. ~ ::r ► '1 $ I-'· ~ Ill f-.J c:..., ~ _+ ..., .., ~ ~ 5· " .., 0 E. n 0 ~ ,,, n0 3 3 0 ::, :,; (I) ~ ;. ~ 0 ., ::, (I) C 3 3 0 ::, s· :7q ~ ; ,,, ,,, (I) ~ ; ,,, ,,, (I) > ... ... (I) ::, 0. I» ::, n ,.. a:: ,.. ..., ... ;,;- "I» I» OQ ... > ., ., " ~ to t 0 H:, tTl ... s. >< n If Cl. CJ) c+ ... ;. () (D " :::r::r Ill '1 " (I) (D ~ (/) ~ .,.. ;:;;· c:..., ,.... 0 (") CD H:>o ~ 0 8- 0 ::;: E ::, l Cl. I» ' Cl. '< .... 0 1.,., C ::, Cl. ., (I) I» ... ::, 'O ::, " ~ q ::, Cl. to Cl. I» '< s., l1Q ... < ::;· 0 l1Q I» .... F5·• 5· F' 'O 'O 0 I» (I) ., I» ~ O' " o' ., 8., .,,. 0 ., I» (I) ;. Cl. (I) (I) (I) .., ., "' '< 0 ti) ➔ ti) •°' I\) I"\.) \J1. 0 .°' ~ 0 \J1. 0 . 0 ~::.· Cg ... ; ... ,,, ~- f-.J 0 0 0 0 \J1. n 0 . I\) I\) ., ... C -"' l OQ ;,;· ::, .y; f-.J §: a:: ;. .,,. I-' .., ::r ... En 0 '-I::;· §. ::, (") .,,. > r~ E er,_.,.... ~(D t.x:I ::i: d () s:: z 9 0 a., z t"' '"1 c+2'. 0 >-l ., ~ tTl H:, Ill c+ > t.x:I 0 ~ :::s CD ::n 0 ~ ~ cr'., c+ Ill~ I-'· >-3 0 ..., ::,;; ::,;; ::, '1 'O n Ill ~ 0 (") 0 ::r I-'·" :::s (D H:, > z :::s H) .... I c+ 1-'•r+ 0 ., (I) ::r. CD eno ~::, tj ;. ,., CD 3 p., I-'•-· Ci.l 1.J, Cll g S CJ) < (I) ::, (') I-'• ...... n ~ ., ::r c:...,I-'• ;:J' (/) Ul p., c+ ~~ ::l • '1 ~ :::s :::s ~ (D ~ 0 Ill '1 :::s Ill p., 8., n 0 C ::, g ..... "' ~ ... ., "., n 0" l1Q ::, ;;- (I) Cl. �-.=.:~--..--.;;;..i..·~---------------' Rockingham County, Virginia, 1959---;' do hereby volun~~ ~fil Witness: #A9P&/'~- the accused in the attached the Jud~7 of the Circuit Court of this (6::t/z day of ~ waive indictment on thi'said charge of • , ��COMMONWEALTH VS. DESCRIPTION ~--- _f;d._/t'ii. Last known address _____ct?t:. ColoL ) __ ___ ,~ Height___}_ - _-:-:_F// zjves __ __~_ OF PRISONER __v~------------- h ___ _ HaiL 1t4 •____________________ _ _ Weight_ L2 _r'.::-:- Marks ______________________ ----· ____--·- ____________________________________________________________________ _ '3._ -;J- ________ Age _____ Date of Trial_ ______ 7_ Result ______ bO {j!_~ _ _J~ Occupation ___ _:-= _(_'::__ ~ _-~- _c(_ 0,,&- J _______________________________ _ _________________________________________________ _ ___}?7 7 ·-_'i;:)._ ~ / ____________________________________________ _ ��In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................. . ...................................... D:i.-:· ..•..... F ..•.... .L •....Bye.r.s ................................................................................................................. . 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 ............. ls.t ............ day of ................. ,.......Iuly ............................................ 1952., to testify and the truth to say in behalf of the Commonwealth against ........................................................... . ............................................................ AVERY ..VERNARD...REED......................................................................... . who stands charged with ~1!,faE:mf a felony ~ And this you shall not omit under penalty. And have then and there this Writ. Witness, ~•fltRie~i'!a.KJSHJU!ilmE. day of.. ..........J\m.~ ....................... , 19..5..2. ..., and in the TH ■ lal.YIC& J"a.EU, HAIU,UON8lll.G, lA. at the Court House, the ....2.3.r.cL 176..t.h. �Cow,:mr:mALTH v. ) Vii tness Subpoena AVERYVERHARD H-SED To July 1st, 1952, 10 :00 at. a.m. ~CUTED~G,::;_;;;;...;...._.~,:.t.- ROCKI.NGHAM BY DEL OOPYOF THE TO~~_E_...Q..J._Ll.!:::.!;;a':~~- I P �In the Name of the Commonwealth of Virginia: To the Sheriff Legretta of Rockingham Morris, Elkton, County, Greeting: Va. Y oit are hereby commanded to summon ................... ...................................................................................... . I / j. ····························t.--. .... --:'. .. .:_._ .................... -:............................................................................................................ . .- . ....................... ·; ..................................................................................... . . ·: ............................................................... . ~ to appear before the fttdge of the Circuit Court of Rockingham Coimty, at the Court House thereof, at 10 o'clock, a. m., on the.l.St _'-:?'Yinbehalf of the Defendant ..day of. . .July ........................... 19 ..5.2 to testify and the truth to in the prosecution of the Commonwealth against.. ...Av.er.y ...Re.ed..... •:,· who stands charged with and indicted for a felony ~A.tJnOr. And this you shall not omit ttnder penalty of £100. And have then and there this Writ. Witness, ]. ROBERT SWITZER, Clerk of our said Court, at the Court House, the ..2.3.d .............. d,y of ••••••.June............. ,l 1952 ., '"d ;n th, 176p'".' ~""' ....... • Cle,k �Avery Reed ads C:mmmonwealth of Va. R. 1. July Weaver, 1, 1952 P. d. �In the Name of the Commonwealth of Virginia: To the Sheriff of Rockingham County, Greeting: You are hereby commanded to summon ............................................................................................................................. . .................................................. R.oy....c..•..... S.ulliv.a.n, ..... P.a.r.k....R.ange..r.., ..... S.wi.i'.t....R:un,....V.a.. .•....... ................................................... Trooper ...A.•....H •....Gravett.,. ..... lkt.on, ,Va .•.......................................... to appear before ;he~ uclge of the Circuit Court of Rockingham Co~,~ the ~rt House thereof, at 10:00 o'clock, a. m., on the .........J,$.J ............... day of.. .......................... J1Jl.:Y......:·································· l9 .5..2., to testify and the truth to say ·rr behalf of the Commonwealth ················•············~·L···············~··Y·E .. who stands charged with Ult~for ..... . . fl ... against ................................................ . .ED................. :........................................................... . ··-· . . felony m~. · And this you shall not omit under penalty. And have then and there this Writ. / r: at the Court House, the ........~.Q.tJ1 Witness~~RiEll!i~ day of.. .......... •J\.'!P.:~ ...................... , 19...$.g.., and in the 1 .§t.h.y .......• ~ TH& 1aanca ra.Esl, HA.aau0Nau1.c, YA., �C0MM01'TIJEALTH V. ) r!i tness Subpoena AVERYVERNARD REED To July (,p _ 1st, /f, _;__ &..-"'2-- -- 1952, at • 10.: 00 -- a .m. ·- .......... __ - �In the Name of the Commonwealth of Virginia: To the Sheriff of Biiir'1iiagliiiiiECounty, Greeting: You are hereby commanded to summon ............................................................................................................................. . ................................................... MJ.'.~ ..,..... M.fJX'.Y ....L..., .....P.hi.l.:Li.p.$ ..,..... B..ig....S.t.o.ne. .....G.ap., ....V.i.:r.gi.n.i.a to appear before the Judge of the Circuit Court of Rockingham County,at the Court House thereof, at 10:00 o'clock, a. m., on the .........1.§..t ................ day oL ......................... J:u.ly .......................................... 19 ...5.G to testify and the truth to say in behalf of the Commonwealth against .......................................................... . ....................................................................... AVERY ..VERNARD __REED .............................................................................. . who stands charged with ~~ a felony .1!1'5lil\nE69lU!B.':And this you shall not omit under penalty. And have then and there this Writ. at the Court House, the ....2.4.th... Witness, ~~i,~~it, day of. ............ J"!Jn~ ....................... , THI ···••ca ra1u1, HAl.1.UON ■ Ua.c, .... �COMivIOllVvEALTH V. ) V/itness Subpoena AVERYVERNARDREED To. July 1st, 1952, at 10,:00: a.m •• �~. ·, Witness Subpoena miles Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, Roy C. Sullivan, l~les in the name of the Commonwealth ,::,"wift Run, Ya. loth day of of Virginia to summon. _________ _ 64 miles to appear before the Trial Justice Court of said County, sitting in said County, on -c:ro !1arch at Har:risonburr, , 19--2£_, at the hour of Virginia 2: 00 ?. M. of that day to give evidence in behalf of_ _,C.._o,._n"'-'--'-"t""h'----·------------------------ in the pending V. case of __ C.:...._o_m_'_t_h _________________________________ Avery Verr.ard Reed Given under my hand this,__ 10-51-2m-Garrison -"'-5-"-t.::Ch'--___ day of _ �Trial Justice Court _____ Docket No. 8710 A Corn'th ( V. ( Witness Subpoena ( _l\.vAry VernHrd Heed ImBxx.mI~ To tiarch 10, 1952 at 2 PM �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, in the name of the Commonwealth Roy Lee Fix, Farkview 1~part. Charlottesville, 5th day of.__ Va. at Harrisonburg, F.__e.._b,,._r.._1..._Ja""r ....y.,____ __ , 19-5.2..-, at the hour of.__ of that day to give evidence in behalf of_C=o=m'-'_,,t=h.__ _____________________ in the pending V. Avery !0-51-2m-Garrison case of _l"'""-"'-o""m'--'~h.__ ________________________________ Vernard Reed _ ---'------------------------ to appear before the Trial Justice Court of said County, sitting in said County, on of Virginia to summo ,_ ________ Virginia _.3..._:_...0~0'--'-P_..-"--,.__..~-----..,..._ _____ _ _ �Executed • ih en 11e ~/a Docket No. ~ of Albemarle, Virginia .,, by dewen Trial Justice Court ----- v -•~, ... ...n.um«......n.,,.,,195k,: .. c py o the within ................ .. ............................... ..................................... , in Vl/riting, to -----------•----•-•••ub71J llin person. Fee$ ................................. .. .W.S. COOK,Sh%ff C:or11 th CountY, of Albemarle, Virginfit Sheriff V. ~ Witness Subpoena ( Avery Vernard ReBd To Feb. 5, 1952 at 3 fl[. �1-29-52 Sheriff that Albemarle County We are advised by Sgt Clifton Forge Roy Lee Fix, Jr. is in Charlottesville, Va. Pleaso try again. Clerk ��Sergeant OFFICE OF CITY ~~ CL-JFTONFORGE, VA. C lur J.C.Swartz Clerk, T.J.Court P.O.Box 54? Harrisonburg, Virginia ����Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, Roy Lee Fix, Jr. in the name of the Commonwealth c/o Clifton Forge Pospital,_ Clifton Forge, Vao --------=~---------------- to appear before the Trial Justice Court of said County, sitting February in said County, on _ _____.5'--"t"--h,.....__day of of Virginia to summo ..~--------- at Harrisonburg, , 19--2.f._, at the hour o,fL_--==J--=-:-=-0-=0--=-P--=-·-=Il:...:.• ______ _ 1 of that day to give evidence in behalf of.__,C"-o"'-rn"',1'-"t::,h'------------------------------ in the pending V. 1 t_,.,_.h.u._ case of .... C.ua.Llr::_._ ____________ Avery Vernard 10-51-2m-Garrison Reed Virginia. '-------,------------------ �Trial Justice Court _____ Docket No. 8710 A Gom1 th ( V. ( Witness ( Subpoena Avery Vernard need To Feb. 5, 1952 at 3 PH �'Nitness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, Roy Lee Fix, Jr. in the name of the Common wealth of Virginia to summo.~---------- c/o Clifton Forge Hospital, Clifton to appear before the Trial Justice Court of said County, sitting in .said County, on-~5-±~,h~_day of Pehruacy: at For~e, Va. Harrisonburg, , 19-S2-, at the hour of__ Virginia. -,,;J ... :..,OO..,....,P~.1...,.4 ..._____ _ of that day to give evidence in behalf of_C.......... a-rn~• ..... t .... b~---------------------------- in the pending v. case of ....,.......,-,..._ _____________ Avery: Vernard Beed 10-51-2m-Garrison -,- ___________________ _ �Trial Justice Court _____ Docket No. 8710 A. Com' th ( V. ( Witness ( Subpoena Avery Vernard Reed To Feb. 5, 19!>2at 3 PU �AFTER FIVE DAYS RETURN,,..TO SHERIFF COUNTY OF ALBEMARLE CHARLOTTESVILLE, VA. ��·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 Roy Lee Fix, Jro, Parkview Apartments, Ch_a_r_l_o_t_t_e_s_v_i_l_l_e~,_V_a_o ____________ to appear before the Trial Justice Court of said County, sitting in said County, 011.___~S_t_h __ v. Vi ri:;irrl.a. Corn' th case of _._.......,.._..,.,..._ _________________________________ Avery vernard _ Reed Given under my hand thi~s-~1~7~t=h~___ I0-51-2m-Garrison at Harrisonburg, _ day of.__ _ _....cF_e_b_r_u_a_ry~--, 19-5,g_, at the hour of,_ __..3'--":-"0,..,,0'----"-P-".C!:!}" ....'-------- of that day to give evidence in behalf of in the pending of Virginia to summo ..~---------- day ofL___ __.Jc~·,,,,n~a,,..~"--l'----~~~, ]Q 52~ ) _;?£.:-~ �- YA~J_ ~q~ I -I Trial Justice Court Docket No. ---- 6710 A Com1 th .-. ( V. ( Witness ( Avery Vernard To Feb. 5, Subpoena Reed 1952 at 3 PMo WI-~ ~-~-)_ 9-.w~ /I!~ �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, Roy Lee Fi.:&, Jr., in the name of the Commonwealth Parkview Apartments, ,t.... h....__ ___ day of__ ._F ..... a~h~ri ..... i... a.~cy.___ , 19$2-, at Harrisonburg, v. case of --Ge,111:-"--l'Jfl-------------,-----.,......,-,.,...------------------- .wery Verna.rd. Read Given under my ha~d this,_ 10-51-2m-Garrison ___.1➔ 7__..t..._h.______ day of y-;rginia. at the hour of_----.J""t ..... O .... O.......,.P.::-. •...iMw.•...------- of that day to give evidence in behalf of_...,c..._o.,,m.._•_t...,,hu__ ___________________________ in the pending _ Cl)._""a=r=i=oc.:tc.:t=e,,,,flV_,,_,,,,i l=_l,,,,_e:,,C,,:JJ--V,..,a~•~------------ to appear before the Trial Justice Court of said County, sitting in said County, on __ of Virginia to summo., __________ _ �Trial Justice Court _____ Docket No. 6710 A Gom1 th ( V. ( Witness ( Subpoena Avery \Ternard Reed To Feb. 5, 1952 at J PU. • �Witness Subpoena Commonwealth of Virginia: County of Rockingham, to-wit: To the Sheriff of said County, Greeting: You are hereby commanded, Roye. Sullivan, Swift in the name of the Commonwealth Run, Va. 6_f':..______~'-'--'(''-=--=----------------- to appear before the Trial Justice Court of said County, sitting in said County, on 5th of Virginia to summo ~--------- at day ofL---=--F--=-e-'=b---=-•----, 19--5L, Harrisonb11r 6 , Vjrgi nia at the hour of__ 3"'-':L..:O"'-'O"---"P'-' ..... ~""'[o.__ _____ of that day to give evidence in behalf of _ _:C..,_o,.,_m,!.il_'...,t'--'"hL__________________________ in the pending V. case of -~C~o=m~' ~t=h~--------------------------------- Avery Vernard Reed I 0-5 !-2m-Garrison _ _ �'E, al (') (I) 2 0 '< D oc k et N o. ~ C" :, g, 5' qQ 0 C. CT - ____ rl $l) $l) ~(I) Trial Justice Court 0 •➔, 0. F 8710 A -.!...=-'---=- Com'th ( V. ( Witness ( Avery Vernard Reed To Feb. r Subpoena S, ( .. 1952 at 3 PM.~ ~ ~ (I/ C u: ' 0 "' C !lJ I?-' �Docket No. ______ _ Memo for Clerk of T. Harrisonburg, Va.,_ __________ J. Court: Kindly summons the following as witnesses for the Commonwealth of Virginia Com'th V. _______________________________ Roy Lee Fix, Address of Witness Jr. 1Jarkview Apart. Mrs. Uary L. Phillips, Big 0tone Roy C. 0ullivan, Run, Va. Swift in the case of to appear in Trial Justice Cour,t on the Trial Date,_ _________________ Name of Witness 1950 1950: or Witness works for Charlottesville, or Where Witness can be Seen Va. Gap, va. By ____________________ Va. State Police Officer. _ ��TRIAL JUSTICE COURT Criminal Docket N«.> 8710 A Com'th ,,.pr., 1,3·~ '-Appearance date / - J .t - 6•.2. Cl."'• Trial Date ~- ~-S-- rro--i-/4 S-v 3 .♦ P./YI P.11 -s-:2-,, c:i-= �I '}!iJ.-/ ~ to Troeper Cravett J-fJ- / (!.. to Sheriff Albemarle Co '-}!J-/ to Chief Police Bi 6 .::itonf' ){) • I rc ta ,I~ &fl :f off: ),t}-, $~~ kl -le.. J(f~. ~, a � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County Criminal Court: Criminal Cases Description An account of the resource This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years. Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County. Creator An entity primarily responsible for making the resource Rockingham County Criminal Court Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource 1778-1971 Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001 Ccr002 Contributor An entity responsible for making contributions to the resource Rockingham County Circuit Court Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Commonwealth v Avery Vernard Reed Subject The topic of the resource Felony Manslaugher 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 1952 Contributor An entity responsible for making contributions to the resource Nara Holdaway Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Identifier An unambiguous reference to the resource within a given context Ccr001_016_012 Reed