52
20
4487
-
https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/Ccr002_013_013.pdf
e61bdedbfcb96e4db205d3fdd6ed7f5f
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. Dorman Lofland
Date
A point or period of time associated with an event in the lifecycle of the resource
1847
Subject
The topic of the resource
Misdemeanor
Convey Public Nuisance on Public Road
Description
An account of the resource
Defendant charged building across the public road a trunk to convey to mill in a manner as to incomode the citizens passing along the road to injure and institute a pubic nuisance. Not guilty.
Publisher
An entity responsible for making the resource available
JMU Libraries
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Contributor
An entity responsible for making contributions to the resource
Annette Guild
Sydney Ring
Megan Pullen
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. https://creativecommons.org/publicdomain/mark/1.0/
Format
The file format, physical medium, or dimensions of the resource
PDF
Type
The nature or genre of the resource
Criminal
Identifier
An unambiguous reference to the resource within a given context
Ccr002_013_013
Lofland
-
https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/Ccr002_003_034.pdf
2c052a4dbf29754b1292b21c010f6ee7
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. Dormon Lofland
Date
A point or period of time associated with an event in the lifecycle of the resource
1813
Subject
The topic of the resource
Not keeping the road
Description
An account of the resource
Defendant charged with not keeping part of road in good repair.
Publisher
An entity responsible for making the resource available
JMU Libraries
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Contributor
An entity responsible for making contributions to the resource
Annette Guild
Sydney Ring
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. https://creativecommons.org/publicdomain/mark/1.0/
Format
The file format, physical medium, or dimensions of the resource
PDF
Type
The nature or genre of the resource
Criminal
Identifier
An unambiguous reference to the resource within a given context
Ccr002_003_034
Lofland
-
https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_005_144-commonwealth-v-dorsey-hensley.pdf
1780af21a63b821fe3014686f83ba769
PDF Text
Text
�����-
�r
•
/
�-
I
�r
•
No. 1
,._.,heoourt 111st
cts the
aocu ed to be innocent
able
doubt,
an
if' there
doubt of the guilt
acqui
hirn.
proven
may
sis,tent
guilt,,
i:f
his
the
guilt
theory
with
innocence.
UJ>:ports the charge
I
i.s upon th+inds
consistent
su:ff'icient,
be innocent.
the
he is proven
of the accus
however strong,
reasonable
th~t
law prefJU.llles the
guilty
beyond all
of' the
jury any reasonable
d, tl,e law makes it t,heir
His gu. · t is not to be inferred
vri th his
vi ,t.ion,
until
jury
weight
cons:is tent
with
the facts
or l)r bability
to convict
of' his
nor is it
or prep <11derence o:f evidence
the indic-,tment,
must be proven
duty to
but the,/ nnist be incon-
Mere suspicion
is not sufficient
reate
in
hi..~ guilt,,
because
reason ....
r:ut to warrant
ao clearl,
the evidence
tllat
there
his
con-is no
upon which he can
�i'
•
J
�r
•
No. 2
The Gou.rt
l)erson
charged
tabli!'.Jhed
this
in t u
with
s the
·ury th.a
crime to be innocent
bY the commonweal th b~Jond
presumption
o:f innocence
goes
entire
case and
P~lies
having
heard
the evidence
in this
doubt of the guilt
Of the
r asona'ble
it
al
is their
and to acquit
the
all
law presumes
t.mtil
llis guilt
reasonabLe
thereof,
case,
the
h:im.
and
throughout
and i:f
jury
the
after
h:.i.ve a
accUBed upon the wh .e
duty to gi e the priso111er the bene:fit
es-
ia
doubt,
th the accused
at every stage
every
se,
o:f such doubt
��'he
convic
oourt
on o:f th~
mon ee.lth
clusion
top
of
accused in this
ove beyond
every
fact,
circumat ances
eveiy
reasonable
cence by two witnesses
a material
inet. ucte the ju~
1urther
that
the
o:r the
will"'ully
with
a.ccu.sed and the
1th his
legal
cor
turn
27 Gratt.
1027.
to
borai.ive
tlle scale
presumption
innocence.
swart z Case,
irmo-
swore falsely
such strong
as to clearly
t:as orn-
and to the ex-
consisten
accused
or by one witness
of such a character
overcome the oath
a le doubt
hyp thesis
ze a
the bur en is on
cas~,
reaso
to author
that
and
or his
�T
•
�No 5.
:a:he oourt
inst
··cts
the
jury<_t ...----~~"'-'""-"~..J,-J,
the
they were t-ried
whi
eLOn ,; fo.
..!:
l998-,. o:r _t111~ .ourt~ is. notr to be considered
the ,jlu:y. in de. a.m..ining the- gui'lt
Hen sle.y,; .tn _this"
Dors~
hatever
innocence
find
theyj
tn:ar;·
~Y be3:ieve
:from the evi
of the HLnsie~s,
the indictment,
unless
they believe
false
b
or--im'rOeenee 'Of' the- accused,
been ended,
re:s·· 11at · case· bas
t-....
the ace· sad, Do:rae.., Hensle,,
at
.as to _the gt.lilt
~ce
o~ :fel~ny ~- they
guilty
of perjury
f'ltom ~aj the
y,as
charged
and_/
~ro{not
as charged
evida:1ce
or
in
in
this
in the indictment.
�,,
�No. 7
The court
instructs
the
jury
commonwealth to prove beycnd every reasonable
exclusion
of every
innocence
of the a0cused,
of per jury
\J
c!harged
reasonati
e hypothesis
that
ta u:pon the
t at the bur
cons::is ten,
Dorsey Hensley
in t,lle in dictrnent.
doubt,
and to the
with tl1e
committed the crime
�....
�•
!
..
' .
\
a.
No.
The
sists
a ourt
in wilft.21
in the statute
siP)li:f,;ing
instructs
the
:false
swearmg,
means not merely
an evil
intent
are further
instruction
unless
believe
men
they
that
and that
under the
the word "wilt'\11
but with
,,011.mtarily,
without
that
t at perjur
they
justifiable
cannot
excuse,
in t st ify:t.ng as charged
but also
that
he testified
with
law con1
as used
,
a bad purpose
anrl the
f:ind the prisoner
he not only knew at the time he made the
ere :false,
J.
jury
jury
guilty
in the indict-
statements
a bad purpose.
that
they
�' .
�...
'
No.
The Court
instructs
to be innocent
until
1
the
jury
that
the
he is :proven guilt
beyond
doubt
and if' there
is upon the ..1inds of the
doubt
of the
guilt
of
acquit
hin.
His
guilt
proven
may be consistent
sis tent
7i th his
g :l.lt,
sufficient_ports
his
the
6uilt
theory
innocent.
if
charge
Lmst
consistent
is
not
the
1G not
be proven
suf.::icient
in(lictmont,
so clearly
evidence
le
any reasonable
laN makes
but
accused
reasonal
it
their
tc be in_-fe!':::oci bec1.use
\7eight
vri th the
all
jury
Mere suspicion
greater
in the
the
.'ii h _1ic: r-;u.il t,
innocence.
hm1eve::: st:tong,
ed,
e accu
pre'·1.unes the
le,!
duty
the
tl10y must
facts
be incon-
or probability
to convict/
nor
of' 11is
is
it
or prci:>ono.ern.nce of evir 1 ence
but
that
to
:-rarrant
1
there
is
his
conviction
no reason'l1Jle
upon bti:s.1.n which
to
h,
can be
S1.1.1:-
�Vl't
r
•
...
�•'
r
....
•
The Court instructs
con u:rrence
case.
before
the
thi.s
a convicti.on
jury,
case
entertain
his
after
of twelve
jury
that
can be had, and if
having
the law contem:pla es in tltlis
minds in the conclUsion
duly ccnsidered
and af er c Qtsul.tation
any individual
all
with his
of the
fellow
a reaaonab.11.e doi.b t as to t11e guilt
dUty not
of the
the
jury
the guilt
o surrender
his
entertain
different
or innocence
of' the
own convictions,
convictions
accused.
mem er of
evidence
ju:rors,
of tl1e
because
guilt
of
in
shall
cc sed, it
is
the baJ.B.n
ith reference
to
��•
•
t
Instruction
The court
fror.1 the
instructs
as to t
evidence
brothers,
tried
Dorsey
Hensley,
unless
they
the
in October
0
ilty
believe
...,
that,
ment;
to say,
1909",
fact
that
nha teve:"
il t or in t0cenc
thff
cannot
he s·ore
may believe
of' t:ne Hen::.iley
the
in the
in tl1is
or facts
they
find
as char('/'ed
from t11e evidence
to a material
is
jury
of perjury
mrore f. lsely
that
1e
No. 2 1/2
case
inrlictment
th·, t he nil fully
as charged
falsely
accu'3ed,
in the
as charged
indict-
in the
indict-
~
mt1nt, th1.t he knew at the
be di<l 1 ":. wilfully
the
ease of
-pect to
u
was ma tei-·b.l
and for
the Hensley
m3.terin.l
to
ti ,ie/\he •7as s•-,earinc
the
the
purpose
rot'1er~,
f·- cts
i '1sues
of rleceivinJ
the
in October
last,
trierl
i:a of the cam,
of that
•
----
fal'3ely,
cn.oo·•
and that
his
unrl t.h'.'it
jury
with
said
in
reste~ti:r:1011y
�'·1/,
~
•: •
,
~
~
T
'.
•
'-
�.
.
.
.
.
r
•
No. 3.
The Court
of' perjury
of the
there
statement
the
instructs
witress
and corroborating
the
legal
the
the
only
accused.
one witnP,SS
of hiB innocence.
or of 6ne witness
al.2..eged to
is
the
and overcome
to proof
of the
sufficient,
to be perjured.
falsity
falsity
showing
.r
oath
by one
o:f tl1e accused.
other
thA guilt
by the
and
circumstances,
testimony
all
as clear-
however,
requirement,
This
As to
believed
the
of such a character
of the
to e8t~.blish
test1rron
to facts
01,
2nd. corroborating
be perju1·e<'l.
if'
to the
same must be established
or the
cir01.unsta!1ces
to be proven
or necessary
indictment
scale
presumption
of two witnesses,
applies
statement,
a conviction
authorize
testifying
to be perjured,
alleged
of such
to turn
to
must be two witnesses
falsity
ly
that
Jury
given
facts
of the
by
material
accused,
Jury.
was in r-act. 'true
or
J. tt.1...;ci.
�..
�r
•
No.
The Court
instructs
been penni tted
i~1 thiR
t ial
Jury
the JUI"Y that
ease~ to tell
~
of the Hensley/I(
i!Bnsl~y
on that
only
not
testimony
false,
test irnony over
Jury
indictment
Jur.'
the wi tness~s
agai
1'
~
tPon
the
4
td±1tl
question
to be perjured.
a material
trinl.
is,
the testimony
trial
of course,
the
.-1~
by
the
of'
and is
case
true
and gave
given
testimony
t!'ue
the
or
the
~
charged
or false.
,
PY
by~
to be considered
was in fact
of'
of whether
wa!3, in fact,
The testimony
of whether
testinnny
testimony
character,
were sworn in this
on t.his
on the Hensley
to on the
upon the question
on that
have
to be cons..:.dered
her or not
was of
this
by
~~~
the
trial
as to the
and is
of me
of Do-I?Se_ Fenslt.y
unless
himself
same ( except
qwstion
to be considered
as witnesses
what was testified
was admitted
Dors y He'131"7J on that
in so far
,,_.._~ ~r
the
trial)
UJ)On the
4.
by
in the
�'.
Hen
e@>----i
,,
'
�r
•
--The cou-t
1:f any person
inst_
cts
the jury
to ';7hom an oath
occasion
wil:tl.tlly
material
matter
swear falsely
or thing.
that
in Virginia
is larr.fully
it
aoJ11inister
on sue 1 occar1ion,
is perju:r,r:d on any
touching
any
�r
•
�r
•
The Court
evidence
that
instr'Ucts
the prisoner
against
Layton,
alleged
in the
case,
in that
credence
to giire
weight
the
material
.knd the
Court
Jury
dil·ectly
or tendAd
credit
case
to other
to the
witll
of some other
then
further
such
in
such testimony
or a.?l"J
pertinent
to the issue
or -point
to irrluce
the
Jury
to give
evidence,
circumstances,
of
the
accused
tfmded
OJ~
oI' to
hims lf
nntter,
as
or to
'l!!itness
in the case with respect
to a
Dorsey -:r , • l ,./
of M. it i:fie was material
•
testimony
the
tended
to prove
material
•
to the issues
to a material
for,
enml.gh •
suc..h testi-
respect
i~ of no importance
<b mmonwAaltl1 against
as
if
testimony
instructs
any o:f the
C.Orimonwealth
or in pA.rt,
whether
was material
that
from the
of the
in whole
material
inlit.!r
the
ease
the sub st anti al ::)art of the
and force
in that
matter,
the
0ase,
to
additional
testimony
tel_s
beli(WA
in determining
then
was either
readier
a witness
they
if
in the
of' such testimony
Court
port ion thereof'
give
that
testified
indictment,
the
in y'1testion
ju~;
Reuben :md Kemper Hensley
mony or any portion
said
the
Reuben,
if'
Jur:J
the
the
that
said
m8.tters
test
in
degree
o:f mater-
imor:y of the
the eairl
:V.:emperand Layton
accused
ca::ie of
Hensley,
it
is
�r
•
�The court
that
instructs
Dorsey Hensley
movements
after
the
,;1ilfully
l .,aving
that
Jury
s•.10re f' l'"lely
tl1
,.-agon at
not ma terin 1 to the
issneCJ involved
brothers
1908)
in October
guilty
n.s charged
wilful
false
wagon at
case
said
as to the movements
in deteruining
other
b t t e jury
v1hether
c 1.rges in the
of the
t·ie
may consider
after
ac:3- . ed wilfully
indictme
t.
a:1 to his
road
·1as
of the Hensley
cam1ot :fi1v,. the
believe
movements
accused
springs
trial
if tllcy
swearir~::; '.'las as to his
road,
in the
indictment
in t1.rntifyin:;
the Taylor
ancl the J ry
in t1e indictment
in t.e
the ch~rge
that
aftor
the
ace
the only
le::iving
evidence
leqving
sed
the
in the
the ~a~on
si:mre falsely
as to the
�..'
r
•
•
�No. 6.
Tl1e Court iJ1structs
circumstantial
circumstances
the
evidence,
jury
jury
in !)roof
produce
by
that
of guilt._,.
by
the facts
and
r,:roduce on thRrflminds of the
certainty,
of' the commtssion
exclusion
that
is not essential
establisll',.,.hOUl.d
and circumstances
to the
it
and demonstrative
absolute
facts
the
but it
is su:f.ficient,
a moral certaint.y
the accU11 d o:f the
of a reaaonab1e
doubt.
jury
i:f' Auch
on the minds of
:f'fense
cha-rged,
�''
-\,
'
♦,
_,,
f
I
'Ii"
."
�No.
The Court
inatru.cts
the
7
jury
as a matter
are not to go beyond tl1e ev:t.dence to hunt
to entertain
such doubtw as are merely
A reason#J.ble
doubt
sence
of' evidence
It mst
It
for the
o
essential
not be an arbitrary
must be serious
quittal.
mu.gt be based
o
doubt without
in order
to :filid a verdict
and non-essential
evidenc~
nor are they
or on the
ab-
o:f tJ'le accused.
to su.stain
to warrant
o:f conviction
ito
an ac-
:fact or :facts
circ,.mrnt~cvs.
they
or conjectural..
evidence,
lle guilt
It must be a dor.1bt o-r a material
imr.iaterial
doubts,
chimerical
upon the
to proof
and substantial
Jury to believe
U!.)
at· ~aw tl1at
necessary
and not
�..,
f
..
•
-
�...
'
r
p.
The Court
in this
credibility
evidence
they
jury
dence as evenly
into
of it.
or any ~a
the
to be given
intelligence,
statements,
circumstances
interest
to the parties
shown, t l1eir
any is
their
apparent
candor
the reasonableness
may deem -pr0per
of
or to such extent
as,
witnesses,
the
to take
of the cas~ if thl)y
involve(\
th i
f'eeli~g
and demeanor on the
their
the
and to give
as they
to
in determining
result
and all
under
to t.he
opposite
or unreascnableness
on the trial.,
any witness
to be given
and :fairness,
means o:f information,
appearing
to th~ testimony
ap9ea:r8J1ce
and of' the
the weighf o.f t.he evi-
of various
in the
:facts
testify
tl1ey have a)r1ght
but
their
t.heir
of' the weight
When witnesses
relationship
witness-stand,
es of the
to the testimony
consideration
or bi a.a, if
an
1.n arri v.:iing at a verdict
ia not bo.1nd to regard
balanced,
have any, their
that,
are the aOl.6 ju
of' the witnesses
each otl1 r,
weight
s t be jury
instract
case,
8
apparent
o:e their
mirroun
or deny credit
the circumstances,
tl1ink
; ng
:vro:per.
they
�•
j
•
I
0
lOo
�UOo 10 ..
The court
believe
instructs
the jury 1 as u matter
from the evidence
Keupe:r Hensley,
in th
that
in the
Circuit
Court
ginia,
on the 10t11 day of' October,
called
in the progre
administered
;;€ _ said
to him
court,_ or by its
~ thereupon
then
there
of said
clerk
testified
at
oath
ad.I, inistered
larr.fully
by a court
aid
need be no f'· ~tner
to show that,
the
then having
tir.c
the vr isoner
anr that
to testify
cnuse
at
proof' u~
said
in said
jurisdiction
said
1ras then
cause,
time,
;'\ testH'ied,
to try
- ... rms
b. the
anrl t at the said~
part
and in t __e trial
-
an oath
or dePlltY clerk,
in
v~~
of' HocJcin~hna c~
1908,
trial
s a 1itness
trial
of la\7 1 that if they
of Layton, Reuben and
in said
court,
of' the co~-:on-!rnalth
'he did
of' a felony
aid case.
so under
ca e in and
�.r
.... .t
.a.
..
....
l
�r
•
Ir you find
the
prisoner
not guilty
I:' you find
the
prisoner
euilt.r
you will
sa_r
confinem<Jnt
more than
30
Hnd ascertain
in t:r.e peni tentie.ry
you wil!
as charg·ed
his
say so and no nore.
in the
in,.:.ictment
punishr.1.er:t, v.rhich rc:hall be
not
less
than
two years
ten years.
I
]
nor
�l
!
'j
�1 o. //
The court
...,vidence
1 ~,
))Cr
t rn Ju:ry that
instructs
tl · t on the
dint
lGth
1....
fence
Co1 to.:
in the
0
e
:ncl th'tt
t o
, t ·rim
.. it1
t;o t11e risoner
its
c J. -j~k or ne. u.ty
hi
~esti
ony in t e ....ai
icl ..., ··rt,
on t: c l )tl
a ores id tot-
:o
an
tri. .1 unclel'
of'
pp_,-.n,h ·!.
s
cL iniste
·7
s
sidcn
tl e
_ is oner
le~t
rade Gr· en :ode
:· gon on t· c
d
l1
id not
~
van
elt
to
tor
lo -reen
oc i"
:c
~-
ne .r
'12d
O<"
in s· -;_d,..age ,
aid barn
t 2t
a t, 'o-·.
b
''T
a~
J'3C
the
nd
tta
as~:rnd 1 y t: c
i~ t,
~,
gon ·mo occ ·-
·assan
1d
l
st nina
e- :per Hcnoley
1
ril-
Fade G~een
t· rt
·n s ..id
or r.iaylo:r ·
in ·h ,.,m Ti,::~nnikc,
T 1?npike
s
ov J~ta.kon nca:r· tbc
nd t1at
i..v ,ho:i.e t··e
oc· in ha
of
in
oath
o: SeJtemocr,
h t sa ld
.nd
taking
abOl·t r.alf-P
1.:1e. e
'1u en and
sot th 'JaTcl -=-- t· c
OP. o i.d
--,r ")y
::.n ·c.h
tho s£1.
id case,
·11 .1.1 ..: 7.11Uilte
nsley,
•"Lth L yton,
·en e" uenr,ley
af'ter
1
oc: i ,,·h m ':..':r.T ite
s ri. ,.,,. Po .d loads
1808,
prisoner,
the rnsidnnce
c :L. ction
m
the n:L ;ht
c,
,..,d oy so.'id cm rt,
no. tr. .-:.',t
r.d '·
e o-· s i(l Green on t1 e
,.zon ·oi. ')' Ln an c stcrly
said
·r•_n Pelt,
on the ni·; t of the
'ado Groen,
v •. cub n,
n incl.Lctment oh .,,.g-
· •it --e'1'3 in
the ·)u - ose o.-:going ooon-··unting,
or ten o I clock,
Cvunty as a ·1it.1 us
and t at tr e said
t ....
otify
:e,1~-
th t 1 o wo11l spcal~ the truth
Oc. tll
case,
that
in cor a-ry ·;it
Rock:ingh"
d y of' ontobm",
11
'"'7o:·e "A_lsel
f1·11-
the·..,
Cle ·k
~hr
b" .. n
-?ro: .,ho
1,he 11risonor,
_se of' t e Co ..mmealth
.., and L yton Honsl ..,•r, then o
i
they i1clieve
if
o:f octob :r, 1908,
day
c Ci. c·it
on ben!l.lf' of the
..
nd t~ t in
n of
Sc; · d ·
gon
�...
;.
'!.
f
';
t
'ir-r
�i
0,....
..
'
t·
o:rtto
y
t
ns
0
ton .:
r
.t
1th v.
uben,
o· n d -',; ·t ·. ony ..
K
· il_
n the
Y',
s
t e
t an
·oono·
s
1 '.I
•·rein ·
0
nor . O!'O th n to
•
:.,
aid
0~
ill:
an
4b
c..
"(T
tri
t e
1
or
L yton .. n leJ,
13.,
to
n
1th v. P.- be 1,
J
1
te'"'t · 0
_on
-ho i
J\e id case of t
0
de
t
t· t
- _.th ..
te i .,. to
. ll
0
C
th
.L:
. :r ,..on.,
t e
s
J .
tl e
.
(
ilt
d
,.,,
.., t in
n·
tr,.
�. ./
>
!,
'j
�..
,•'
COMHO:t-PI:/ILTH
OF VIRGINIA ,
COU~TYOF HJCKINGHAM,TO-fIT!
IN T}m CfHCl.jIT
or
The jurors
the
bo y of the
co
·t a·.., · ts
present
Co'.lnt
County o
Marcl1 term,
that
r, a·
on
"'10
the
he said
Hensley
for
in
r
•
f'o
·the
yea:r
~he s nid
1908
1
Rouben
·'·he barn
· ain
in sai~
u,-:i., and
b ~n
nsl -::,yand Xe:r
app - ar ed i
for a f lon:v,
to-wi~,
of
'•ho ?Pd da
r H n.sloy
1
and c r· ain
ny therein,
• Lay·
sai
fvlon
fo
n
el
!,' ,..
·-:
:f
Judge
nnn. K m1per
~
·0.-:,n .:ho ·;,rifll
hf'!:
on 'the i:3th
.J~ Ir/van
of
· he said
in
by T. N. Haas,
_ensley
nj_e1r· - i,:,e of
Ccr,.,1.nt
r .ri·' h in eri., ·,o C..)i,mtl:t larc
sai'
oaths
county
her of,
for
illle said
in 1:he y ar 1908,
or. an indicttr.ent
-11L,c•rin in th
sl.
an
in
their
upon
the Courthouse
ly ~ri_.
Virginia.,
:909,
Oc 'Ob
held
COUNTY:
T)
and no?T at ending
ea
h
, Layt ,n Hensley,
were join
sept el-;:b6r in
Rockingham
t court
1908,
cour
.C'·lonio
commonweal·f:h of
16 "h d . of
ircui
day or oc~ober,
of
the
COUHT vF SAI
n Hens
and
6 , Reube
, norney Hens ey
a oresai
c u.ril ao
said
s1. y and •;;as then
-hero in said
cou
co1.U't -oh0n and --h re si v"ing
0ircni
the evict.enc o h
ru i:lh, ...1
Cc
u:.o
H
he Cou :'b a:rc "'Csa .
y in
whoo ..ruth
t, h
,he ,,rial
·o inquir
a.Hd no hin
rlal
ru:bh,
he
"
f' or
of the said
ne f lony
· vrhethPr
th
Layton
ai'or
said.,
said
Lay·
Hensl
i
n,
y,
G
trial
ing a ~., o i ty by law ·'.o adlr. nis uor said
~~
sley
u_µon the
e said
shonld
1ly
0
1
afor0said..,
that
Ghould be the
lie said
Circuit
ca 11, an
d · hare
R · 1ben
,he said
orn by
R ben Hensley
· ,hen
an
·i:iha
and Kmtp
t> crur.e rr.a~ ·r
~
_
nd X rr.p-..r H ns
is
c rr.n:only known as a ro!:.l. ;-;ugon, on which
"D
of'
~a...,on along
1908,
an·
...1e Public
h
road
n~~
in
, as
0
so
1cno1m as the
of
Ji g the
·· 1e said
Passe
22d day
wi • .a th
Hocl<.ingha1l Turnpj_ko naar
ir
�f
.'
I¼,rt·
•
SJ:W p-r:-es att~ JO
u.req
-~--
'
..
.
:YT
A2
-
0
1
f1
.ro
f1
'rr:
Ov
"
II
.
s
Ull
I"'
'L
r
I
on
JJ
\
.t
0
...
~
~
'I
I
rt l
!
.
b1
.
It
...
- ':tG
ft.t
1.t
II.
.c
1
tfd'rrr.
.c
'l
.J
'
b
. lan: •
II
l
!i
.[
.t
.J~
J.I
...,
'I01.o
H
tl:I
.t
()
'I '
'
b.so
ea
1:o
b"""'
fI
)f.i:qrI
O!II.~ 0
If
r{
,aoer
rl
'I
'1-
.t
.r
.er£nsn.c,.o
rI
n•ro
)[
BO
0
id11
0 ...
i ...0d.
n:o.r. no "
�lI ,
--2--
of the
barn
h
said
Mr s
said
wag n s op ed o
said. road. o
said
barn
at
ar1d whether
:{err.:per Hem~ley Passed
p rson
were
0r persons
along
norsey
west
Gr
n ·,o a
road
is
:fro::. a _,oini., near
von o'clock
on said
Gree
accompanied
nightl
TurnPik.
said
last
the
Taylor
the
said
i1 :r.e' · at
o ·,;ha·
the
of the
lorsey
the
and
1aoe,
H) I'OD.d
said
·.-;ent
nine
said
Reuben
stoPPing
Hensley
Dorsey
norsey
Poin
:fro
and
near
s a.
of
said
~
w e· ;h:'r
TurilPiko
and vtent into
c on -from ::i.but
rade
a
and
and Wade Green left
Hensley
of Massanetta
said
the Rockinghan.
SPrin
junction
Reuben and K n:,per Hensley
in .fro:1"~,of' and east
·rade Green
ot
leading
the
said
by tho
~he sa:i.n.. La.yton,
f'rom said
to-~1,
1i ,h d.og61 hunte1
He sley
, Reuben and Kemper Hensley
named Point,
ard there,
·,1-~ssanetta
RS
sep·i err.her,
and Passed
Hensley
or Taylor
ly
public
Wade Green a·: between
ei-L,her
springs
Layton,
Porsey
~ tl..AA.i
7}1·
Mrs.
said
knovm
Wade
-,__:z..~
sa.1d Layto
the
on said
-bhe said
is
said
said
to 1,!assanetta
S.Prin s r ad,
Layton,
of september, ,...1908, in company with
"l'i·thou
as t..ar as
said
o.f the said
of
22d day of
o-r sep ember 22, 19C8,
's r sidence
the
whether
I
and whether
tt10
nny other
and ·Jxemi.ses where
bar
residence
barn
tho
a11d
and Particularly
and barn
of ..,.he said
or ..b,e said
a·.. or n-.ar the said
barn,
· 1e r, sidenc
n.nd 7:hether
van Pelt
or Kon:tPer Hensley
Gree
said
, Heuben a d· Kerr.per H nsley
ba:rn of Mrs.S~
, Reube
1
.Prerr.ises
night
near
saio_ wagon .frorr. a . oint
a d r.ear
springs
the
a -oint
Layto
near
and whether
ay o , Rouben and Kemper Hensley
·;.heir
of ·t:.he said
of said
·: e sa · d l,ayto
Wade
said
c1,ed by a roac1. lf_\:1.di 1g
or Taylor
f:riP at
sa · d wagon,
the
waa.e Green on the night
nd
road,
in
barn
beyond
east
inters
SiJrine;s
said
oint
and
said
Pelt
a 1d 1·Jade Green were with
Hensley
of' the
Va11 Pelt,
'he
their
{eub n and Kemper Hensley
road
said
tir:
t.i1an .1e said
in or accompanied
tl e said
the
.J~ m.Van
or Taylor
· n o I clock
he wood.S
springs
of' said
,., 1,J-
night
of'
s
p ~ertber 19 8 until
and thereupon,
"
he said
Dors
about
twelve
Hensley,
o'clock
being
of ·Lhe srur.e nieht,
s orn as a ·,idtness,
11e,
�uq
~iJGLS:-1.00lJl
::m:rc.rDOLOGA
,C}JO
pe:ru~
H8118J01'.'
8!.lOLll'
I,·
T.
us~ ~e~pa.. TD')8
1.n·.(l:rJ
.... 'l
.,j
3"p0!1,{l
,CA'.81.hC
O I CJO(.;]~
f!8
oi:.
,.
JJfl'lJ.QfrJ
q'
Ia'A 'TOL
})0:L
..,g:rq
:rJJ
v:,o
r
....
q
T
OlJ
.uqo
r·:i.
0(.
l!~~
u I o:-oc.J(
t::..Oill HJJLs.q: ~"
00011
L
ps:t.r
c!JTG P.~0
'"\"'
.,
·f~"t
~OU
JJll.
,-,--rr -r-;-,:l..
r
'·' T fl7'0!'r
U"IT!'
f•TC;
""r..
L'""!
Q.LE'1GlJ
e ~-J.D.Cl'.P
:2~.r:c~.
~
I (
(,'a
;•_i~lJ
rp
,
..o~·
-
I.:,
.' IC, -,)...,1(
~
<-'TJ'f
~
•·:r
1··0s:.
-
.
83'
-
-......___,.
"
.-
-
.
-
··-
~
_,
"-· ,._
·-
~
r<ri,~...,..,_
..
H~
T
~
q , '.TfO.t!U
...;.l.,
.cue
1;0Lae1\. LO""'"T,~J. L uq
ff_;;"q
Tt
'} J -
8
q
T
(
lHJ~;..
au:r ~
0~3
0
r.J~"L •
µ
Sou acobceg
....
lJ
...
Ot -!1JJ
\
.}Jb
t:JJGL
---,·~'
~
--'l--....
--n
~hri
AB.id tr1nl in ~he ~'"'unty aforesaid,
and .COITU!JJ0ly
depos(
~
~
feloniouoly,
wilfully
�JJ 8
u
0
.,.
J
..
nn snid
-n
!'ifil
..
in
,..
and coITU.Pilly depose
on the nieh
that
J1inzs,
Hrna, .. e,
year
Green,
left
near
he,
of
u:1e said
ing,
'l'urnPike
ade
GTeen t.. e
two horses
-bo · , and tlrn
and iJhere
"as·
Layton,
said
the
1<.own as
road
in which wagon ,,·ere
hi "tchod
he,
l
a .9ublic
in o the said
go
or ten
nine
o.nd 'Vade Groen were overta1con
c7r a. d ·,hat
II
,he said
Green .for ..s.he~,1ll'Pori
half-Pac
gon going
~:i.:::;ley ··:e. e driving
·y11ic 1 ·t•as a n w wag
Wad
Green and o
b
b_ayto , Reuben and Kall'J.i
Ko:r.:p, r
P.t abou·
Hensley
of t11e said
,,ho residence
in corr.Pany with
.',
of "'1e uaid
Dorse
1n the
22d day of •op ember,
norGey Hensl
and :that
he said
.h.a Ro C kiHgh
~he said
~he residence
of o-oing coon-lun
o'clock,
lfi ~r,unty aforesaid,
:feloniously,
'7{11:fully
~
. \, ·_soly S"'lore and ta i:fied., arr.onB: o :~he-r
1 auben
and
,o a ::-oad wagon on
said
Do. :.:my Hensloy
and
wagon body and rod.,
·ri'i h
he said
Rockingham
Turn.Pike
where a Public
road
ne
a or T~ylor
·:n
said
over
1
said
~~
l!
Pu.bl· c road
No
t o
oi .!.her
n a
he said
leads
t t e
_1
sout!-::r, rd
in
1..
ben and Kerr.Per Hensley
on sai
dogs,
i1
front
and. ear.3't of naid
Taylor
h
0
s ·d
arn,
o
an
alone
of
of
1/i:rs.
8
le . -
o::- K .por Hens-
barn
Gaid
hi .
firs.~~
0. t
ar d
,ha
h ,
ht,
aid
Lay
"i:h
-ca or
Taylo"
'.iJL
e
O I
said. HockJ.ngham TurnJikc,
ad
I'. .u
ni
·b,
· s
SPrings
hirr. and
to
rn
springs
or said
roo. d and
,he oaid
c rtain
asoan·t
i1 ere,
Wade Green,
n
wher
and
ace Green af ·0r 1 aving -sa-
of and
·,vhich had accorr.panied
company w
hey passed
-r1"'r
o Massa e
y a d
SPrings
TurseJ
ediately
,e in
Lay -on, 1 euben
r
He s
ds i.
Turnpil<.e to Jll:assa-
sai.d harn
~1
1e said
y and
y
nbnrg
·.hat the wagon in wl11cl1 i,hey were riding
or the said wagon or
and Kerr.p r Hensl
he,
H sley,
( r l•y the
Hon:,
ockingham
aid bar
and
::.a • w
Dorney
ea~;-;, of Harris
in r:o travelli
a."1d. K
s "op on sa · d triP
out
miles
ng am T
Van Pelt' s and tl ai;
ey got
a:::.d.that
ube
Van Pol.,',..,,
did not
abou-': four
from ·a.110sa · d
leaa.s
H)c
in',
I
SPrinzs,
Layton,
V3
to a
;hat
Lay ,or.,
Pieco
of
a or Taylor
by
ai c1 of
hunted
�-vf
•
•
.t
l
.trt
�,
r
-4-
r-Lrn11~h the
n.bouil t,·:elve
o'clock
coon,
for
!'\!:.id. wood
01· said
residence
tlle
said
22d
oa
Dorsey
b
t'
tI1e said
said
of'
, 1908
1
Dorsey
acco
aloLg
r
id
a.t. a1 y o herho
n±
Lay on,
said
public
Van Pelt'
night
lcy
road
by or n ar he said
in
o.f septorr.b
barn,
the barn
'i11lere Jy
S#\ir!
rUPtly
and
n ben and Kempe-r Hensl-
s ro
pa.,s
22,
1
swea= falncly,
sr,es
eviience.
1908
the
/
\
by said
S~
s ...d
1
szane
1
tna t
of'
bnrn
e said
i,
:.rs ..
said
agon occUP1od
Laytoz,
Reuben and
'TT\.
JI.rs. v~n Polt
aforesaid,
1r
f
side
cu~ove in a ·, ngon al2.._ne ,h
did
Dorr;ey Hens
county
in tne
~"'2ZJ~
and .fact
o.r said
11 said
.r
on said
'l~pr-r
•,v· 1ou·b uto:!:JPing near
en and the.re,
lid
reloniously,
ilf'ul_y
o:::mit perjUTy
and
5~ !':\
Henssaid
upon the
and cor-
against
tho peace
y of ·u:1e corr. on eal -r-h of Virginia;
Upon ',he
·••i,n
ruth
trial
digni
id
the east
east
said
he
aH •
r
said
of
Rock;in.gham Turnpik
::>2d of
.f
a ·e
o~, nor
~
house
Dor
any
'y~
_,,,'.,,,,,)
Green's
hereas
· he nigh
1.n : g :for~-
~o ~o
.:. a _ oint
f
Hensley
-· (-en o
"ad
and ''ade Green
, Hensl
until
nigl1,. of sep .err.bor 22, 1908,
in .+.r1.th and in .r~.c.. neither
Gre n left
n o'clock
fro:r. abo l,,
vidence
{#-,~,
r:worn in oP£m court
of
£.Rc,<7"~
, ✓-.,
wt?:;.--.f.ll~
f'aa1-<4<,
-3!:z,,,,,.
?l;d,,_,
71£- '!t,;,,,c;r,~,_
and sen
o
he Grar.d ,,ury
o g·ve
�...
.
i.t
!
0
.
"' t
..,
a
1 .._
11.t
0
0
rJ
'I .
b
.b
'
~- ~
-1
.b
o !
>
-
,.
J:
rI
IO
~
1r~
·d
~
'!
~1
..t
- ,:j.
H
n
t!
q ·o '
II
b
-'I
0
.t
• .l:
...
b
.i:
~.[1;.s;c.tn.r
'£
r
...
.I.i,. .
bl
b.
u
'J
C
rt B bI
IO
r
OU
!1
V
�r
•
•
..
•
•
I
SUPERI~TENDENT
0:F' THE
VJRGINIA
PENITENTIARY.
Sm:
It appearing
that
.......
a prisoner confined in the Virginia Penitentiary
tence pronounced
~0
...........- .................
.
for a term of .............
···-·······
..........
_years, under sen-
by the
Court of.. ....
.....................
at the
.............................................................................................................
term, 19 ... 0 .......... .........
has served out half of the term of imprisonment
for which ..............
,......·······-············was
sentenced, as
shown by the prison records, and it further appearing
that the said.......................
..... ......... ................
.
...No .........................................................................
.
is a fit person
to receive a parole,
and
having
furnished
satisfactory
................................
wil1 not be dependent upon public or private charity:
"\Ve,the Board of Directors of the Penitentiary
suance of authority
that
now therefore,
of the State of Virginia, in pur-
vested in us by Act of Assembly, approved
during the remainder of
assurance
March 7, 1904, do parole the
.........term of sentence, upon the following conditions-
viz: That ...............................................
sha11 at all times during this parole conduct ........
. ........... ...... .self as
an honest, sober, peaceable, industrious,
accept and continue in the employment
tificate hereto attached;
and law-abiding citizen; that
..
secured for ............................................
as per employip.ent cer-
and that ..............................................
shalJ at all times be respectful and obedi-
ent to ...................................................
employer., and..re.p.ortjn.wi:itin
to ..the Supe.rintenden.t ..of.the..P.e.nite.n-
o- ..
...t.i~~TY
..~.t..J.~;1~t
..onc.e
..a.montl1A
·······/2
.....................
/#
/'J7~
·····•·· ·r··························"-······························································································
h•·········•·····························
President
.
I understand
..................
No ...................
.
£
::Lc.·······'···
..................
't!/4LJ(ti
............
.
Witness,~
..
I
•
.
Board of Directo~
the terms of this my parole and agree to perform all its conditions .
. )'i'.~:/~~·······
Date...........
.. ·············•·•···
.......
'.k-:.~..........
.!...'l...//..
..
,,if
�,&~
P~
::H'TLE
...l0N2: 1911
D. :F-I.LE£ MAR':'Z
___,
~
.
.....
,'!'°'.-"'!-:;.
.-•
....
. .._.
,
CLERK
:
>
.' .
..
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County Criminal Court: Criminal Cases
Description
An account of the resource
This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years.
Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County.
Creator
An entity primarily responsible for making the resource
Rockingham County Criminal Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Date
A point or period of time associated with an event in the lifecycle of the resource
1778-1971
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
An unambiguous reference to the resource within a given context
Ccr001
Ccr002
Contributor
An entity responsible for making contributions to the resource
Rockingham County Circuit Court
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Date
A point or period of time associated with an event in the lifecycle of the resource
1909
Title
A name given to the resource
Commonwealth v. Dorsey Hensley
Description
An account of the resource
Defendant charged with felony perjury.
Subject
The topic of the resource
Felony
Perjury
Creator
An entity primarily responsible for making the resource
Rockingham County Criminal Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>
Contributor
An entity responsible for making contributions to the resource
Jennifer Taylor
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
An unambiguous reference to the resource within a given context
CCR001_005_144
Hensley
-
https://omeka.lib.jmu.edu/erp/files/original/a70d0b478a4d3c1df3b2ccde33ef883a.pdf
22bc3b28d7611087db4893a5793f5b20
PDF Text
Text
C01.J,IOI:"l1:'v'..-!i LTH 0£ VI RGII;I
COUFTY OF ~ 0 KIEGE
,
.: , t o-\7 i t :
I n th e Gi rcui t Court o-': said County :
The ju ors of t 1e Commo.rrneal th of Vi rgi n ia in and f or the JOd'
of the c ounty of Roc ki ngham and n on attendin0 sa i d Cour t a t i t s
February term , 1 30 , u p on thei r oa t h s do p resent that Dougl as
:01,1l) ry
on or ab out January 8 , 1 930 i n sai d c ounty , d i d unlawfully have i n
h i s p ossess i on a st i ll , s t i l l
p , ,-1 orm , tub , fen,1enter , and othe r
a:p ;;:,l iances conne ted . i tr, and us ed in the operat i on of a st ill, wi t out havi ng the same r eg i s tered. as req_ui ed. by la , agai nst the p eace
a ncl di gnity of ci.e ~ommonweal th of Ti r g ini a .
This i n: ictnent is f ound on the test i mo n, of ~e org e
'. . T .
ex odJ , · nd. '.''
• L ws on ,
, , i tnesse s sworn in J ourt and sent
b efo e tLe 6 rand j nry to €' ive ev i den ce .
�~
-
J t ill
,.,om~onweal th
v) I nd i ctment
oug la s 1:0\vbry
1-:isdemea n or
February term , 1 930
.i:\.
True Bill :
h1 ~
··rt
·;:
2) . ·,:r . .0arman
,., ommonwealth ' s Attorn ey
�1
•t.
Commonwealth of Virginia, T
Rockingham County,J o-w i .·
~ T REMEM BERED
~t44 --------------
that on the __ (_{!~ _day oL2J! .4'2 ~
~ - - ; ~ -- ~ 1 , \ , -
Th______________ --- ~ -
~------ ------- ---lfli '-d ,------ -----
------ ----- ------ -- came bef,o re me _________________ "----<- - ------ - -- ------ ------ -----ledged themse lves t
of the said county of Rockin gham, and several ly and r especti vely acknow
ng, that is to say: the said
dehted to the Commonwealt h of Virgin ia, in manne r and form followi
_________ ______ _in the sum of
__________ ~ - - - - ~ ~ _ ____________
______________________ Dollars ,
________________________________________________ ___________________
good and lawful money of the United States, M¼d the saia
_ DaHar s of like gaad anEl lawful meH.e~, to be
in the sum or ___ _
lands and teneme nts, and they
r especti vely made and levied of their several goods and chattel s,
obligat ion, and also waived any
several ly waived the benefit of their Homes tead J,Jxemiption as to this
under this r ecognizance with
claim or right to dischar ge any liabilit y to the Comm onweal th arising
nwealt h of Virgin ia if the said
coupon s detached from the bonds of this State, to the use of the Commo
default in the perform ance of the
____________________________________________ __________ shall make
conditi ons underw ritten.
The condition of the above recognizance
is
~
such that if the above bou nd~ -j~- (!f
ally appear be'tore the Circmt
------- ------·------ -- - ------ -·----- ------- ------- do and shall person
Court of Rockingham ~n the __
!_p___ day of th,,___~--- ----- ----- ----- ----- Term next
1_.L___ day of_ ___ ~_-:: -:_ _______________ l ~ , at the
thereof , being the ___
Court-h ouse thereof ,
certain -~-- ----- ----and then and there ~ Commonwealt h of Virgin ia concerning a
whereo f the sa1d __________ .:-3 :~ ___
f}:J________________ )_ ____ stands cha1ged, and shall not
depart thence withou t the 1£Je of said Court, then the ah v
recogn izance shall be void and of no
effect, otherw ise to r emain in full force and virtue.
Taken and acknow ledged before me, th~
~
and year first above written .
____&i~--L-<___ YP---------
��'fHE COMMONWEALTH OF VIRGINIA.
'1'0 THE SJ-1 ER TF'F OF ROCKINGJJ Alll COUNTY, GREETINGS:
vVe command you, that you take ____ __ ___ __!)_?_'l~~,:~-~~--Jw!Q!.~~-'-- ----------- if he be
found within your baifo.vick, and him safoly keep, so that you have his body forthwith before the
Circuit Court of Rocking-ham County, at the Court House thereof oir~-------------------- --- ----------- - -- to answer u s of a certain __ __!llt.~.9.-~l'!l§J:~,no_~,_ __ ____ ,vhereof he stands
indicted.
And have then and there this vV rit.
J.Robert Switzer,
, Vitness .f.-P.-Bhre1tbm-tt;-Clerk of our said Court
at the Court H ouse the ___ 22..d. ___ __ __ day of ___ Fe.b.:N..a..:ry . . ._. _Ut3.0_, in the _l5A_t.hyear of
the Commonwealth.
--- ~ ~ - Clerk.
ft-:c.,_
�COMl \fONv VEAL TH
'VS .
I
Doug l as Mowbry
, I ~ ~/(!_,._, ~ ,{J~ I £0
.'
�I
\UN
.f
fr
'930 /
COMMONWEALTH
v.
Misdemeanor
(JTo.)
��
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 Prohibition Records: Criminal Cases
Description
An account of the resource
The first series of the Prohibition Records collection consists of all criminal case records associated with cases brought to the <strong>Rockingham County Circuit Court</strong> from 1916-1964. Not every individual was indicted for a criminal offense and many were simply judged as misdemeanors. The cases have been separated and arranged by the last name of the defendant. <br /><br />For more information on the Prohibition collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Subject
The topic of the resource
Prohibition--History
Prohibition--Government policy--United States
Prohibition--Virginia--History
Rockingham County (Va.)--History
Rockingham County (Va.)--Genealogy
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1916-1933
Identifier
An unambiguous reference to the resource within a given context
Pro001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/7">Prohibition Records: Liquor Inventory</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/6">Prohibition Records: Affidavits for Ardent Spirits </a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4524"> Prohibition Records Finding Aid </a>
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. Douglas Moubray
Description
An account of the resource
Misdemeanor; Indictment
Subject
The topic of the resource
Misdemeanor
Indictment
operation of a still
Contributor
An entity responsible for making contributions to the resource
Craig Schaefer, Kayla Heslin, Selena St. Andre
Date
A point or period of time associated with an event in the lifecycle of the resource
1930
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. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Identifier
An unambiguous reference to the resource within a given context
RcPr-box8-069
Format
The file format, physical medium, or dimensions of the resource
PDF
Source
A related resource from which the described resource is derived
Rockingham County Circuit Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Moubray
-
https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_006_200-commonwealth-v-dw-keller.pdf
d16d7942af51eba400db790057e75db5
PDF Text
Text
•
•
To Tt1e ...t. ri1•" .. (
\l'O ll-n-•·--id
l(')U tijat.
r
l:lCJt'rg,...,
yeu
t~re
...,,. ntv,
'"'.-?£:.
eller
1l"O&t1rg:
1r
tn
h~ tQl..rd
!1.
• Vl~r-k.
�'
'
~
�••
••
,
C-0111111011,vealth
of Virginia,
COUNTY OJ" ROCKI_NGHA1'1,1'o•wit:
IN THE CIRCt;JT COt;RT OF SAID COt:Nn•:
•
au,J ot~,\ a!t(·n ...... lh~ ,~,•~ (
1n .i1
upon thc-ir r,at'1 I ttscnt lh;1t.),,_tv
<•U1l1c.J.f\
a ..
Jt,,,,,_,
...
":'7'·':"·/:--•-, ,,..
...
/C.""-(V'l-
...
~,--..ct:.,_,...., """'l:::
cu~4 , ....
,~=4L-LA-....(.
...,2.. .----~--p(.,----.
tl.H Ii {J.,W.~,.,,. .... ...
..irt ibc \t-,1r l96$,l,..A'in lht f..Li<lCoun1)',
•
Cle1It.
�,·•
\
r.
~
0,
'
~
)'t ,_
(....
i
I
ti 1')'
t
'i
)>
~J ·{
f ""~·
I
"
.\.
I~·
'
._...,
~ \"~
4
!
t- '
~
:n
C
i
f11
I
(D
r
r
~
.
i
•
f),
"
;
:'>.
K _,_
1'
t-.
•
I
I
,,
...,. z
:~~
•
..,
('>
('-. ?
'
~
2
:-i
r3
3
0
::I
~
~
-,...
C,
::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/.
Date
A point or period of time associated with an event in the lifecycle of the resource
1912
Title
A name given to the resource
Commonwealth v. DW Keller
Description
An account of the resource
Defendant charged with misdemeanor neglect.
Subject
The topic of the resource
Misdemeanor
Neglect
Creator
An entity primarily responsible for making the resource
Rockingham County Criminal Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>
Contributor
An entity responsible for making contributions to the resource
Jennifer Taylor
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
An unambiguous reference to the resource within a given context
CCR001_006_200
Keller
-
https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/Ccr002_020_019.pdf
9b3007466ae572e7c746d6da414e9e1c
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. E. D. Lee
Date
A point or period of time associated with an event in the lifecycle of the resource
1890
Subject
The topic of the resource
Selling unwholesome beef without making it known
Description
An account of the resource
Selling unwholesome beef without making it known. Not Guilty
Publisher
An entity responsible for making the resource available
JMU Libraries
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Contributor
An entity responsible for making contributions to the resource
Annette Guild
Sydney Ring
Megan Pullen
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. https://creativecommons.org/publicdomain/mark/1.0/
Format
The file format, physical medium, or dimensions of the resource
PDF
Type
The nature or genre of the resource
Criminal
Identifier
An unambiguous reference to the resource within a given context
Ccr002_020_019
Lee
-
https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/Ccr002_020_072.pdf
2e7b1838d1f94f7b568b18f1394e907a
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. E. D. Lee
Date
A point or period of time associated with an event in the lifecycle of the resource
1895
Subject
The topic of the resource
Sell diseased and unwholesome meat
Description
An account of the resource
Defendant charged with selling diseased and unwholesome meat.
Publisher
An entity responsible for making the resource available
JMU Libraries
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Contributor
An entity responsible for making contributions to the resource
Sydney Ring
Megan Pullen
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. https://creativecommons.org/publicdomain/mark/1.0/
Format
The file format, physical medium, or dimensions of the resource
PDF
Type
The nature or genre of the resource
Criminal
Identifier
An unambiguous reference to the resource within a given context
Ccr002_020_072
Lee
-
https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/Ccr002_020_076.pdf
4c36f5421525b185db573b8a361389d3
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. E. Root
Date
A point or period of time associated with an event in the lifecycle of the resource
1896
Subject
The topic of the resource
Perjury
Description
An account of the resource
Defendant charged with purjury.
Publisher
An entity responsible for making the resource available
JMU Libraries
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Contributor
An entity responsible for making contributions to the resource
Sydney Ring
Megan Pullen
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. https://creativecommons.org/publicdomain/mark/1.0/
Format
The file format, physical medium, or dimensions of the resource
PDF
Type
The nature or genre of the resource
Criminal
Identifier
An unambiguous reference to the resource within a given context
Ccr002_020_076
Adams
Pennybacker
Root
-
https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_001_055-commonwealth-v-e-a-shands.pdf
d929792431dc9445e7827a445b7958b1
PDF Text
Text
�h~t1~i
I
:t-. A.
L..:-J
t/ r,;,,,Z.
l"
,. ./.1:~ 4./
t
m
--A-I-
; .. ~,
r77
r-1~~
0
~
N ~/
. J •:i: flhr ,__
6
~ t,,,,~-1;
r-tJ_,
';Jo .'(/f%.,~-4_//-.I_
I
I
I
""~~~~..-.-..,
~ ,,,,.,.; ~ ( u -,_,,IH,._u1)
~ tiJT,,____.
,J_ ''~
~
1-3~~
-
.r
'-;;/.A a.)
I /'• v
(6-0
o
.~
I
,,9/
~r ~
v··
I~
9
£-.f ~
�~"'--
/
tJ -(,
< ....
~
/. /
It: ft~~.
/
I<
< u
j
"t
(,
I
~(
/4.,
f
-z <""
I ,
,(
C
r
,
<
,l
,
/..e
<'"'<
L
;,-
l
'
V
~
,.
1-
z;
Z1' l
/J
ulv
I
�.
··.:
'
\
J'
•
••
�•
•
~
~
)
(
~
{::;:>
-......,.br
I
)0
"'
~-
"-.J
0
I
~
""'
·~
,,..,
"'
~
~
....
---.
,..
~
..._.~
';--
~~
,">.,
~
"~
----
•
"
II::,
~
,.....,
'i.
c:----q;
�e
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County Criminal Court: Criminal Cases
Description
An account of the resource
This collection encompasses all criminal court cases adjudicated in Rockingham County from 1778 to 1971, spanning nearly two centuries of legal history. The records offer a comprehensive view of the county's criminal justice system, including charges ranging from petty theft and assault to more serious offenses like murder. Each case provides unique insights into the legal proceedings, punishments, and societal norms of the time, reflecting how local attitudes toward crime and justice evolved over the years.
Beyond the legal aspects, these records also shed light on the social, cultural, and political environment in Rockingham County, including the impact of historical events such as the American Revolution, the Civil War, and the civil rights movement. Researchers will find cases involving enslaved individuals, early policing practices, and the enforcement of social and moral codes, offering a window into the daily lives and struggles of past residents. The collection serves as a valuable resource for understanding the community's response to crime, the development of legal institutions, and the broader historical context shaping the attitudes of crime in Rockingham County.
Creator
An entity primarily responsible for making the resource
Rockingham County Criminal Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Date
A point or period of time associated with an event in the lifecycle of the resource
1778-1971
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
An unambiguous reference to the resource within a given context
Ccr001
Ccr002
Contributor
An entity responsible for making contributions to the resource
Rockingham County Circuit Court
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Date
A point or period of time associated with an event in the lifecycle of the resource
1891
Title
A name given to the resource
Commonwealth v. E.A. Shands
Subject
The topic of the resource
Misdemeanor
Threatening Violence
Description
An account of the resource
Defendant charged with misdemeanor threatening violence.
Publisher
An entity responsible for making the resource available
JMU LIbraries
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>
Contributor
An entity responsible for making contributions to the resource
Jennifer Taylor
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
An unambiguous reference to the resource within a given context
CCR001_001_055
Shands
Werner
-
https://omeka.lib.jmu.edu/erp/files/original/ad58a1eb215e7fbb0ab062c3d45bff13.pdf
3cfb51b197278f9e76e7949b9d29e51a
PDF Text
Text
COMMONWEALTH OF VIRGINIA
COUNTY OF ROCKINGHAM, to-wit:
In the Circuit Court of said County:
The grand jurors in and for the body of the said County of
Rockingham and now attending said court at its Deoember term, 1931
upon their oaths do present that E. C. Freeze, who was heretofore
oonvic.ted of violating the Prohibition laws of the Commonweal th or
Virginia on May 17, 1930, in the Justice's court of said County,
before J.C. Staples, Justice of the ~eace, and who then and there
was sentenced to pay a fine of five dollars and serve for a period
of three months in lfail, did, within one year next prior to the
finding of this indictment, on or about November 7, 1931, in said
County, unlawfully an& feleniettel~ have in his possession about
eight p ints of ardent spirits (moonshine liquor), against the
peace and dignity of tpe Commonwealth of Virginia.
This indictment is found on t he testimony of
w.
T. Rexrode
and J. L. Dirting, witnesses sworn in court and sent before the
grand jury to give evidence.
�,.
POSS. A. S. 2d Off.
COMMONWEALTH
V
~
al:. C. FREEZE
~
'
- •
l
A ~1'.SDE.ltIEANOR
A True Bill
r'
D.
w.
Earman, Com. Atty.
�~ --~
Commonwealth of Virgi nia-C ity, County,)
to-wit:
To the Prohibiti on Inspectors, Sheriffs, Sergeants, and all Police Officers and Constable s of the
State of
Virginia -Greetin g:
WHEREA S --
_J1..tL. d1#---:C !.~---7.7zz:,---., ,,91,• ~
U-1 w ·___·~;,;.._'::~ItV::::::::.::::..:::;.,~r---s/r,o,;):::=,, - -said
has this day made complaint and informati on on oath before me, ____ ::!__J(_::J:.d_~
Name of Malri•trate,
Tit le,
~!:,.,-
of the said ~ that he verily believes, that in the said
and State:
{a) That Ardent Spirits are bfifg unlawfull y m uf actured, sold, ~~t, stored, possessed,
concealed in
D
~
certain : _ ':'.::.-:,
by one ___ 4:,/.@!2[.td ___
.1:,.
, )
,_T
eld, used and
CIL-
,HuO
-· ........ - ,. .............. __., ---
{b) A still, still cap, worm, tubs, fermente rs and other appliances connected with such still and
used, and
mash and other substances, capable of being used, in (.~anuf acture o ~ Spirits, are unlawfull
y
in the possession of, and unlawfully used by one__
~~-
_b
_ ___ ____________ _
(Give name: If name unknown, ~ ~ h o a e name i• to the
inacer tainibr,JJ~
----;
formant unknown")
c ~ ~ ~--~-g_ -~~-~-ir
__
(Here de•crlhe place u In (a) above)
_
/.
{c) Ardent Spirits are being unlawfully kept, held, stored, concealed, used, sold, and unlawfull
y transported in certain baggage or a certain vehicle, to-wit: a certain ________ ________ ________ ____
____ _
(Here describe vehicle, auto. wason, earrlaire, buas7, boat, b&1N1111e or what not)
by
one--- -------- -------- --------------------------- -------- -------- -<Here
give name,
or de•cribe -------u In (a) above)
And there being reasonable cause for such belief:
THESE ARE, THEREF ORE, IN THE NAME OF THE COMMONWEALTH OF VIRGINIA, to
command you, with all necessary and proper speed and assistanc e, to seartch the house, place, baggage,
boat or
vehicle herein designated, either in day or night, and seize such ardent spirits andi their container
s and ·
other things apparentl y possessed or used in violation of law, and bring the same and the person
or per- ·
sons, in whase possessidn they are found, and also any person resisting, impeding, obstl1Ucting, or
on any
manner hindering or delaying you in the execution of this warrant before me, or some other officer
having
jurisdicti on of the case,. to be disposed of and dealt with according to law: and make return of this
warrant
showing all acts and things done thereunde r, with a particula r statemen t and sufficient descriptio
n of the
things seized and the name of the perJIDn in whose possession found, if any, and if not found in the
possession of any one, so state in your return, and post a true copy of this warrant and the return thereof,
as required by law.
Given under my hand and
of___ll/vr. __ 1;fJd
e of Mairltltrate.
�DIRECTION S
1.
2.
If only Ardent Spirit s and containers be seized,
the Magistrate shall fix a time not less than 1 0
nor more than 30 days from the date of return, for
the hearing of sa id return. If n o clai mant appear,
the Ardent Spirits a nd articles are to be forfeited
to Commonwea l,th. Any person claiming any of
same must file a written claim stating particul a rly
the charat:ter and extent of his interest therein,
whereupon the Magistrate shall certi fy ,t he warrant, written claim and articles claimed, to the
Circuit or Corporation Court, as the case m ay be,
for determination, and declare the unclaimed articles forfeited.
If still, still cap, worm, tub s, hea ter, fermenters,
or any appliance connected with a stiU and u sed
or mash or other substance ca pable of being used,
in the manufacture of Arden t Spirits, be seized ,
the mash (after taking a sample) shall be destroyed, and the facts and articles seized reported
to the P l'Ohi bi tion Director and Commonwealth's Attorney. (A copy of this warrant and
p roper return will be a su ff icie.n t notice and r e •
p ort.) Ardent Spirits and containers dispo'S ed of
a s in N o. 1 above.
WARRANT TO SEARCH FOR ARDENT
SPIRITS; ETC.
:· ·----✓~~ ------ - - -··-···············-····..······. ······-···-----------------·· ..................
7.::..... .
E xecuted_,g within warrant this ... .
d ay
of ....... ~ ' 'It) ' 19$'/, ., \>y searchi ng th e
within stated .............. V , & , ' ~.................
(Here ata te houae, room, place,
hereon on the
(Here aay place, house, room, boat,
auto or baggage, or as case may be )
-··········-······-··-··- - - - - - - - - - - --- - -········.......
See Section s 21 1-2, 22, 23, 23 1-2, 57 a n d 57 1-:i;.
Acts of A ssembly, 1918, Page 578.
This matter set for hearing on the .......... day
of ................ ... 192 ••••
{
No cl a im of own ership o r interest in any of the
lsaid t h ings seized having been filed herein in complia nce with the l a w, the same are hereby adjudged
and declared c o nfiscated and 'forfeited to the Commonweal th.
Giv en un d er my hand this • ...•........•... . d ay
as front door ol house, door of room or premises)
of ..........• . . • .•••• • , 192 ••••
Description of Ardent Spirits and other things
seized ···- , ............................ -......
_§ ~-~
• /, -
-
,i - ~
;::;t::J .. •.................................
.. ...
-------
z..e ... . . . . ...:.;p...........................
... ~ S.;&✓..~....
~
1. .................. -
-----············---·········----···············---------------------------------------------------------
______
.......................... . ............................ .............. .... .
- ---
Title of M.i• trate,
....e . V ~.1.........
-·~ ~ t / )--·· ...~.. P ~ ..
...........................
4. A cop;: of this w arr a nt a nti l he return thereon
m u st be pos t ed at t he fro nt d oo r of the h ou se, or
o n the door o f t he room , o r o n the premises Ftt
t he pl ace t he A rdent S p irits m ay be fo und .
1 ··-············· ·············-- --------- -----------·· ..· · · - · ..· ···-······--- - ···· ······----- -- -
and by seizing the foll owing described Ardent Spirits
and other things therein found (and arresting the
above named person found in possession thereo f) and
by p osting a true copy of this warrant and the retu r n
--·-··············................ .....................................................................
3. If Ardent Spirits are being tra n sp orted in an a u t omobile, boat, wagon, b uggy, or o t her v ehicle, t he
Ardent Spirits and contai ners sha ll b e preser vecj
a n d the vehicle shall b e deli vered to the Ser g ean t
o f the City, the facts repor t ed to the Prohibi t ion
Di re ctor and Common wealth's Atto rney anc,I
Arden t Spirits and co ntai n er s disp osed of as prol
v ided in No. 1 ab ove. (A copy of this warrant an
p rope r re tu r n w ill be a su fficent repor t.)
The following named officers and persons assisted
me in th e e xecution of this warrant:
____ _ _ _ ____
...... .. ..
..
Written claim of owne~hip or interest h aving been
filed to cer tain o f the said things herein seized, th is
wa rrant, the said claim and the things in the claim
p ar ticularly descr ibed, are hereby ce r tifi ed to t he
. . . . . . . . . . . . . . . . . . C ourt of t his .. ____ __ ______ for clete rm in a tio n' a nd th e said t hin gs u ncl aimed a re h ereby
1
ad judged an d d eclared confiscated a n d forfe ited to
the Commo nwea1t h.
1
Gi ven u nder m y h and t his. , ... , __ ,·----· ... d ay of
. ..•....•....... . . - -, 192- - , .
...................
r
~ = = = = = == == ~= = = = = =T~it~l~e :::o~f=M~a~g~i•~t~r~at~e=:
.
7.
-·····G iven. under. my .h an d . thi s ..· . . . .
.~
.· .·. day · o~
.... ~ 7·il'r_9g L.
.......................V.:::-L ..~ ...(!.~
-~~~
......
NOTE.-Un l ess w arran t issued for A r dent Spirits
b ei n g tr a n sported in veh icle, boat or b ag gage, it i s to
be re tu rned to the ju risdict ion from which i ssued. If
issu ed for A rdent Spirits so t ran sported, i t c an &e
exec uted i n any p art of the State, and return ed t o
a ny j us t ice i n a ny co unty or city th rou g h which
th ey were carri ed .
�In the Name of the Commonwealth of Virginia:
To the Sheriff of Rockingham County, Greeting:
You are -~~r~b·y·· ~~mmanded to
sum~~~::. . .-~-/. : :r.:,: :4?#~
:
:~~~;J
to appear before the Judge of the Cirrnit Court of Rockingham Count y , at the Court House thereof,
:: ::,,:;:•::; :~~;;:,: ::,,/:~::~l;:/ h, ::::::,v,./th
I
d2_
, g, fo,t
E
f~ '
who stands charged with and indicted for a ~ misdemeanor.
And this.. ..... .. ~
.
. ... . .. . shall not omit under penalty of £ 100.
And have then and
~~~
~
Witness, J. ROBERT SWITZER , Clerk of our said Court, at the Court House, fhl' . .
~ ..~
J,y of .·...
P a L . PR ESS , HA RRISO NB U RG, VA
.. ...
mJ~
,nd ;n th, 15
7 ....
(,,,}§jJ:~ , ' Ct,,k
�y del i ver i ng a t r ue copy
t o W. T. Rex road an
ers on.
epu ty f or
S . R.C .
f
~
fr~
CJ
w
/
~
~ ~
~
---......
�Commonwealt h of Virginia:
To the Sheriff of Rockingham County, Greeting:
You are hereby commanded to mmmon ....
to appear before the Judge of the Circuit Court f Rockingham County, at the Court Housl' thereof,
at IO o'clock, a. m., on the .. .5.~ay of ... ... ... . . .
. ... . ... ..... ........ ..... ................
19 4- ~
to testify and the truth to sa in behalf of th/lcommonwe th before the GRAND JURY
... .. . ... .. .
·· ··· ······.·····Jr.· ···· ······ ····~
··· ·········· ··1 . ~...... .... ..... ........ ........ ...... .. .. ......... .. .... .. ... ... .. .. ......... .... ....... ...
who stands charged:;!_;} and indicted for a felony misdemeanor.
And this ..... ~.. .... .. ... ....... shall not omit under penalty of £100.
there this Writ.
And have then and
Witness, J. ROBERT SWITZER, Cll'rk of our said Court, at the Court House , the 3
day of & ~ 19:J.[ , and in the
o.d
15 6.
.... .. ... , Clerk
Pa L. PIUS S , HMUl:I SO NIIUA, !i , VA
�xecut ed Jan. I - ! 932, By del i ver i ng a t rue copy
of t he within summon t o J .L.Dirting. a nd
W.T . Rexr oad each in pr eson .
w::+ _
~
J
~ ~
¾
4
.
L
,..v::::;-,~~---
Deput y f or
~¼
~~
�Dt.C
1931
COivIMOmVEALTlt
v.
,,,
E. C. FREEZE
.,I f u
'11
19 J
~ -
-/ CUA.,. .~
cf C U -j/0
/J
Vrx---t•--z: <-( c
. /'/_ __,-(A✓ l~
'7 .,,.
~ #-.J-o✓
f,
. ,.-;
Ot:J
/
f-:..._
17 'J/4v -:- t:/ u~ t t ,
Ct ,
/ 1 ~~ 7 ,
/ -
�-
~)
•
/
I
;
I
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County Prohibition Records: Criminal Cases
Description
An account of the resource
The first series of the Prohibition Records collection consists of all criminal case records associated with cases brought to the <strong>Rockingham County Circuit Court</strong> from 1916-1964. Not every individual was indicted for a criminal offense and many were simply judged as misdemeanors. The cases have been separated and arranged by the last name of the defendant. <br /><br />For more information on the Prohibition collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Subject
The topic of the resource
Prohibition--History
Prohibition--Government policy--United States
Prohibition--Virginia--History
Rockingham County (Va.)--History
Rockingham County (Va.)--Genealogy
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1916-1933
Identifier
An unambiguous reference to the resource within a given context
Pro001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/7">Prohibition Records: Liquor Inventory</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/6">Prohibition Records: Affidavits for Ardent Spirits </a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4524"> Prohibition Records Finding Aid </a>
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. E.C. Freeze
Description
An account of the resource
Misdemeanor; Indictment
Subject
The topic of the resource
Misdemeanor
Indictment
posession of ardent spirits-eight pints moonshine
Contributor
An entity responsible for making contributions to the resource
Craig Schaefer, Kayla Heslin, Selena St. Andre
Date
A point or period of time associated with an event in the lifecycle of the resource
1931
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. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Identifier
An unambiguous reference to the resource within a given context
RcPr-box9-029
Format
The file format, physical medium, or dimensions of the resource
PDF
Source
A related resource from which the described resource is derived
Rockingham County Circuit Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Freeze
-
https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_003_024-commonwealth-v-ed-lee.pdf
bc51e8e7a9162969fb8e88abe6365664
PDF Text
Text
���Blood.
Pimples, boils, carbuncles, sluggishness and
general run down condition are to be attributed
to an impure or impoverished condition of the
blood. The liver, which is the largest organ
in the human body, is the great regulator of
the system. Through its intricate net work
of tubes every particle of !.ilood is forced for
purification.
From the blood the liver secretes
t~.:: bik, which it in turn throws off. \Ve
therefore see how necessary it is to keep the
liver healthy and active in order to purify the
;Jlood. \Ve cannot reach the liver from the
outside and must therefore regulate it from
within.
For this purpose there is nothing
equal to Simmons Liver Regulator which corrects the torpid liver, restores its vigor and
thus regulates the entire system.
Simmons
Liver· Regulator is not unpleasant to take, 1s
purely vegetable and perfectly harmless.
�ELLWOODSTEELWIRE FENCES.
The Ellwood Lawn Prnce is a beautiful, as well as
strong fence, nrnde in six heights,
coiled twisted
cables every four inches of hei~ht, close mesh.
It
is the cheapest
effective fence for lawns, residence
lots in towns and Citic ■, for parks and cemeteriea,
nr vithcreTer au ornaw.ental aa well as durable fence
is d<,aired.
Our agent in your town will ~how you the E11wood
Pences and tell you all about thew.
Write to us if
you fail to find our ai;enl.
11
�ELLWOODALL STEEL FENCES.
The Special Poultry and Rabi:Jlt Fence, two loch
mesh, is 111orc than its title implies.
It will turn
boracs, cat lie and hogs. It is light enough tu make
It oot expensive, it is close enough to keep lo the
chicks aod is a perfect fence for all purposes, wh1ll,
:.~h,~i!t::~~~lly
to look after your poultry and
Our agent In your town will give you lowest
price ■ on Ellwood Fences.
Write to us if there i■
ao Ellwood agent iu your town.
12
�Rocl<ingham
Register,
Harrisonburg,
Va.
l
f
S b
U prena.
Jt!/z.,;1~ ..~~.r.:::-.
.................
.J1, Ju,stice of' sai,l Distl'ict, at
~,{d~&£.Pc£:Q
.....
~_e.~U..&
............................................
on the ......._t<-r//C.'
....
clau of'
to nppem· bef'01·e.....
&j.':!.fu2L&L
...a..£/d..t1.i."~Kt(/4,
1fdf_, to testif'!J mul the truth to sau on behalf' of'
✓,:
'
~
..
L'l.1?
..lv_-,1.1_,1L..l/L12u.vi:..~l'it..¥1t~z.f<-LzZc,..~...........................................................................
.
inn
certain
nwtter
of' contl'ocPrsu in said Conrt dP/JP1ulin_g nnrl nndetPrmi11Pd,
betll'een
..d!u....
~?'L~ ...l&.n:2M.&~
...
)~,t'."d:CLv.~
...;~d..£k
..& .....
.
..[}ifp-71vL1.:tnK ········································································
.11.nrl-tliis .....~ ......shall in no 11·ise omit,
anrl there this TVrit.
lVitness ........~!Zc,.~~./.:.~
clay of ...~~~·······•
nnrlpr OiP pPnall!J of' £100.
.And lrnrP tliPn
-...
4 ...
~ ..
...............
J11stice of' the PP{/ce, tliP ......
lfl.d/,
and in tlie 1!72
..h..th year of' i11P Cmnmon1uenlt11.
·································~··/26Lh.dftl1!/U~.J
P.
==============================================
�J
�•
Rockingham
County,
·-r- r.:..~/
. /
-;.1(e Ill.!¼(,
r;
l
... . Z:1??..-t
TO ... •...... /~
~
.. .I. 1/tl.'72
~~..
,Vliereas,.e
..
/.
/U
./
- ./.t-./
..I':✓.....
.. l'!Clf..tf.fa
~-efq
..,..
w.ft.
..✓.at:~CJL..l'.?uzc.J.t~ ...:......................
•
.
,oe:
/
f.~., .. £~/~
this clay rn:ule complaint
. tl_ .. .·.
To-Wit:
..........................
of
till'
mid i11forJ11ation on o:1th before
111(', .. ~.
)'5'
..fl, ..J...
.~ .........
cl.ty or.&.f/?.fl/fd[
..., in srticl eon11ty,
If .. •.............••..
: .......•
,
did'.
snid c·o1111ty,has
~-"~
~ ............
y.~!:..e ....................................
~ ... .
, of
. .
of the saill eounty,
~~f.
flaHl cou11ty, that
on the.~/.·~
,4{~ Ji:~
t:tn«e.~ ~; .IM(.. ZL-f~ut.7-~~
PbtJL'ff£/~
~~./4 . .. :.. .1~~
/.n,rr,t,:~.Mr./✓.Pr#.~.,:&.7. .·~. ~~a~/~o/
·¥7!zL.
'JU~~::<''.~ .. ~
76.j!//:~
4
These arc, thnefore,
in the muue of the
hcncl and bring l.Jefore me, or
a-
,,€
c/? •
the ~:1id .. @.r ..,,,/t...Qla..
ancl to be further
(j
year
s01tie
clealt with aecordini;°to
W,.,./ftJ/.
P~t.
.
Commonwe.alth,
Justice
......................
ivP11 u11cler my h:1nd a11d
Htat~_Jicpublican
other
SPfl,J
of the
'-
to co111J1u1,ndyou forthwith
Peace of the said county,
,.•..... .........
.
to !Ulswe,· the said <·ornplaint,
4
law.
this.:
to appre•
tho body of
..J.~.llay
of'.
AJ'l'jltt.
~,r.--:_ ......
~lf:':/:Z~~ -=T."1.,
..../ ...
_
jL.
l~isonburg.
_
iu thE'
'. j
��•
IN THENAMEOFTHECOMMONWEALTH
OFVIRGINIA,
to appear before the Judge o_fthe County Court o_f R°;fkingham
o'clock, a. m. ,jfn tlze..................
day
-···~~············-·····
ef thi:;,..~~···············
IO
Court
o_f
--.r;.i,
being tlze.!l ..Uday
I9of..., to testijj, and the truth to say i11belzaif o_fthe Commonwealth against
··-·····························-·······---------------------------------------------------------·············---------····························------·········
who. stands fharged.with.andindifled_for
And tlzis...,.~
County, at tlze Court-House, at
....L~
..............................................................................................•........
................
slzall not omit under the penalty
vVitness, JOSEPH
S. IIJESSERLE
ef £rno. And iia;e then and there this TVrit.
Y, Clerk o_f our said Court, at t/ze Court-ffouse,
_J__...r_day ef ..fL«au,,_J,.""-·········-······-··,9a.(. .. and;,,
1/,c !/,}''"'a/
the
tlw Camnwaw,a/tk .
..........................
....·fl..·'J··~·········,
Clerk.
Form 68-Der1in.
�1
�TOTHESHERIFFOFROCKINGHAM
COUNTY.
Tl,e following
list qf persons
ef tlie
Count_y ef Rockinglzam,
residing remote ji-om t/1e place wltere
tlze offence is c!targed to /zave been committed, and in of lier resj>ffts qualified to serve as Jurors, is furnis!ted yoC_.,f .ro
~m 21-f!t _you sltall take t/ze Veniremen summoned
trial
ef ~ . ~
r
.
...
.:.L
bJ' you to serve as Jurors upon t!te
._
..
.
c!targed wif/i felon_y, set
!j;/1!£:::l'"'d,
}2U~2~/hy~
,
for lite
day qf tlzL. ~--... .
l~&-·
'f O /
,
eftl,c(O,,,,ty
,,PL
h"nxtt"
a~~-~--t.
Ti,nn,
~,~JtLl~
~-Jl/4JJcr~~£fJ~
14:_;;t~
'l!t4
)} _)Jc{~
{J
J
1,ut_,._~ ,~
~.11J/x;:;hfForm 84-Berlin.
��•
IN THENAMEOFTHEOOMMONVVEALTH
OFVIRGINIA.
TO
Vou are hereby commanded
!tam, to be taken from
remote from
'IF.CE
SF.CERIFF
OF
ROCKING-I-3:-"-J:v.!:
J~-t;;::;
to s11111111011
a list .furnislted
~11 tlte ./vd;[fe a/ Iii"
COVKT-Y
-GREETING-:
persons of lite cou11(J' of Rockin/(Coun~I' Court of Rocki11gha111, residi11x
tlie place where tile offeuse is charged to ltai•e bl'C11committed, and qualified
in all other
respects, to seri•e as .furors, to attend and appear before tile Cou11~1'Court qf Rocli'i11.zlw111Co1111~v,al
tl1e County Court /-louse, 011!l1c
r
~ 2;tJda1 ol ~~
,. ~ • ~ -
bein{[ the
1
da_1•of t/ib.J
/
10/
r~
,-Jud t/Jis t!tey s/Jall iu 1w 'h1ise 0111ft. nnder t/1e penal/._)• q/
~~-
Court~.
to sen•e as .furors 11/)011
Ilic trial o_f
dw,:r;cd 1,•it/Jfc/01~1•.
£ roo.
And
l1ai1e t/Jc11 and tlit're the
11a111es
o/ said persons and I/tis ,,•ril.
w,,,,,.,.J-1
m~
House. !fit,
/
j
o/'Jivv~
da_11
of Ilic Co111111om,•calf/1.
Cieri.- of our said
Court, at l/1e Court
a11d i11!lie
1L6 r-war
o/
�..,
��17
2
~,t
26
___
:._
1P61··trrf,-rr£
2711
...._.
3~.,
-
1-777·-r··:;
~~
/
--
···-
--
-77777-,r#~;1-',r--r7~·.,7nz;:77.z,_q
/(7 ;f).:-~-;x ·
, . ·1/
·-
,.
�s
�'
�•
llurst's Standard
l'orms, Annotated.
l 1N 0
f · 35·
Y~t:~A
Vt'~
(/'lOH\Hl_'<llt\
w 1ral~of
COC.A.J1 }' OF---
····-··
.. -:
-
~--·······
;;,_e
Commoa11·eall/1
of
.......v~£._
.A-~
& Company,
City,
Va.
a,
·····•·····
.JH J1Jl.E COU.NJ11' COl:RT OF SdlD
J'h~f
Hurst
l Pulaski
Indictment.
.....
' T0-1/JJ':
CO[;'.ii'TY:
f'irgi11ia, i11a11d for the body of' the ('ozmty of
... . ... 0111/1zo11·
atte11di11glite said Coar/ at its
..
term, ill tlze year
if
rt_(Joi1zst
tlze peate a!ld dzjj!zity of tlze Ccmmo11Ltealt!z
o/
dI
, ltpo11tlzeir oat/ts present tlwt
/ '1/r;i11ia.
l'pon tl1eerirlenceof.... ... ....
tcitlless swam i1z ope1z
eol!rt a11dse!lt to tlte CJ.rruzd
Jury to gil'e ecidence.
....., Clerk.
�~ ..
-C,
0
-o~
'
.
'
=
=
-..
~
:r.
-
r--''--
-::::
I
,-
:~
~
ri
&
· 1 ;:: I
m
2
--l
"T1
0
JQ
;;.-
~
�. 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/.
Date
A point or period of time associated with an event in the lifecycle of the resource
1901
Title
A name given to the resource
Commonwealth v. E.D. Lee
Description
An account of the resource
Defendant charged with felony larceny.
Subject
The topic of the resource
Felony
Larceny
Creator
An entity primarily responsible for making the resource
Rockingham County Criminal Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>
Contributor
An entity responsible for making contributions to the resource
Jennifer Taylor
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
An unambiguous reference to the resource within a given context
CCR001_003_024
Bader
Lee
-
https://omeka.lib.jmu.edu/erp/files/original/7abb490014356ec01fccc41a12979b98.pdf
a983b8b4b2551edfa4a9085b69290249
PDF Text
Text
CO vil.
\ EA.LT
OJ!"' VBG I fI.A. ,
C UlVi.'Y O ROC ~ 1 1-l"GH.a. , , to-w it:
:
In the Ci rc ai t Cou rt of SQ.id. Cotu t~r
y of s aid Co unt
'.i. 'he gra 11d juror s in and for the boo.
d Co urt at i ts Jun e t erm ,
of' Roc k ingh am ani n v a tt e niin g s ai
t t E . D. J? enc e , wit hin one
1 923 , upo n t hei r oath s d.o pr esen t
thi s i ndic tme n t, in the said
yea r nex t :prio r t o the fi ndin g of
man ufa c ture , sel l, off er,
Cou nt of .,\ ocki ngh a.m , did unl awf ully
e awa y , tr an spo rt , dis pe e ,
kee p , st ore n d exp ose f or s ale , giv
ers for rden t spi rits , aga ins t
sol ici t , adv erti se and r ec ei ve ord
nwe al th of Virgin ia.
the pea ce an:l dig nit y of the Commo
Thi s
Di rti ng , H. D.
ny of J. L.
ind ict rren t is foun d on the t esti mo
rn i n Cou rt
row n , a nd J . E . La.mbert , wit nes s es swo
and s e nt: be for e the g r
,,.
d jur
to giv e evi de nc e.
�Viol. l) ro . ;,.ct
COMMO
v.
'·.
EJ:JC.3:
\
ii. Li isdemea nor
.a ·11r ue Bill
:..
D . \'I . Ear,....,...u ,
Commonwealt h s Att orne1 .
�Commonwealth of Virginia-City, Counti of, ~
.,.:,_,, .£.,to-wit:
To the Prohibition Inspectors, Sheriffs, Sergeants, and all Police Officers and Constables of the State of
Virginia-Greeting:
of the said
Ccity t
oun y
that he verily believes, that in the said
and State:
Ccity t
oun Y
(a) That Ardent Spirits are being unlawfully manuf actured1 sold, kept, stored, possessed, held, used and
concealed in a certain
by one __
--- - -- - - ~-~
Z. , /:::)1- ~
/
~ - ~ - ~ ~-- - - -- -- - - - ------ - - ----
(Her e d escribe the place, h o use, room or btJ-t, as the ca se may b e )
------------------------------------------------------<Give name .
name u n known. say. " Whose n ame is to the informa nt un known'')
if
(b) A still, still cap, worm, tubs; fermenters and other appliances connected with suJh still and used, and
,.
mash and other substances, capable~f being used, in the manufacture of Ardent Spirits, are unlawful]y
.
m the
.
~
possession of, and unlawfully used by one_ _ _j!f)_,_
~
,;,·
--------------------------------" Whose name is to the jnformation unknown")
(Give name: if n a m e u nknown, say.
(c) Ardent Spirits are being
lawfully kept, held, stored, concealed,
sed, sold, and unlawfully trans-
ported in certain baggage or a certain vehicle, to-wit: a certain _ __ ________ ___ __ ________ ___ ___ _
(Her e describ e vehicle, auto, w agon , c a r ri a ge, bug gy. boa t. bagga11e or wha t not)
by
one __ __ ____ __ ___________ _____ ______ __ ---- - - - - - - -- - -- - -- - ----- ---------------- - <Here gi ve n a me, or describe as in (a) above )
And there being reasonable cause for such belief:
THESE ARE, THEREFORE, IN THE NAME OF THE COMMONWEALTH OF VIRGINIA, to command you, with all necessary and propei.:..speed and assistance, to search the house, place, baggage, boat or
vehicle herein designated, either in day or night, and seize such ardent spirits and, their containers and
other things apparently possessed or used in violation of law, and bring the same and the person or persons, in whose possessidn they are found, and also any person resisting, impeding, obstvucting, or tin any
manner hindering or delaying you in the execution of this warrant before me, or some other officer having
jurisdiction of the case. to be disposed of and dealt with according to law; and make return of this warrant
showing all acts and things done thereunder, with~ particular stiatement and sufficient description of the
things seized and the name of the pen,on in whose possession found, if any, and if not found in the possession of any one, so state in your return, and post a true copy of this warrant and the return thereof, as required by law.
�.
~
WARR ANT TO SEAR CH F OR AR~ NT
.
SP IRITS , ETC.
Commo n wealth of V i rgin ia
I,
~ I)
Q
V . ~...........~·····
·· · ·,· ·· · ··· · ~· c. . . .
. .
-
E xecuted t he w1 t h rn w a rr an t t
;. ~·,~::: ~z
t,,,;
·•·nz J;:~ ~.::~ p· · · ·······•·
Othe r t han ab ov e...;f a ted the fo llowim r are . wi t-
ti''.
and by seizing the foll owi ng d escri b ed Arden t Spir i ts
an d o ther things t herei n fo u nd (and a rrest ing th e
above n amed p erso n fo und in p ossessio n t hereof) and
by pos fh1 g a t rue copy of t his w arran t and th e ret u rn
~~
~1
h ereon
(Here say place . h ouse . roo.m. boat~
a uto or baggage , or a s cas e may be )
t~'
s troyer, ~r
~ - '-. to the
;...:w ea1til~
; 7 ~,c~ing
··· ••··t-J ;._ ~rp ril_ Y~
(Hex ·~~ate h ouse, r oom , place ,
.,
r'\
. );/r, j4
his . . . . . ... . . . . .. . d ay
The followin g· n amed off icers and p ersons a~is t ed
me in th e executi on of this w a rrant :
) ro
por t .
l
. .. ..,,. ....
a s fro nt door of h ouse, door of room or premises )
of . .. . .. . .. ,. . . .. . . ... . ,
192 ••• •
Descrip tion of A r d en t Spirits an d other t hi ngs
seiz
.t::~::::::::::::::::::.: ::::...::::::::::::::::::.·::::::::::..... ............... • .........
··:3•r ~ ~ ;~ .. .....
Ti tle of Mag istrate .
W'ri tten claim of oymers hip or in t ere st h aving b een
fil ed to c ert ai n of th e said th i ngs h e rein seized. th is
warran t, tl~e said claim and t h e things i n t he cla im
part icul arly d e_scribe,d , are h ereb y cer t ified to t he
. .. . ... . . . : .. ... . . C~mr t of t h is . . __ __ ____ ____ fo r d et erm ina ti on ' a n d the •Said th ings u ncl aimed are hereby
a dj udged a'n d d eclared co.n fi.s ca ted and forfei tecl to
t he Comm o n we alth .
G iven ~ ~d er m y h an d t his .. ... ·- -· · --- -· . .. d ay of
.. .. . ,' .. .. . . . . . . . . - - , 1 9 2 - - ..
Title of Mag istr a te.
NOTE.- Unless war rant i ssued for Ardent Spirits
b ei ng transpo rted in vehicle , boat or baggag e. it i s to
be returne d to the jurisdic tion from whi c h issued . If
issued for Ardent Spirits so transpo r ted, it can he
ex ecuted in a ny! par-0 of the State, and return ed t o
, an y justice in any county or city throu g h which
t hey were carried .
�Commonwealth of Virginia---City, County of,
;e.J~ L
to-wit
WHEREAS.
o J. th e sat'd County
City
that he verlilv believes for the reasons hereinafter stat-11 in
(a)
possessed, held. used, and concealed.
in a
,;> ........................................................................ .
bv one........
lJ.,....fd.L.....~. .
(Give
(b)
t . as the case may be)
ame, or say,
•
•'Whose name is to the informant unknown")
A stilLl, still cap, worm, t ubs. fermenters and other appliances with s uch still and used, and mash and
other substances,
capable of being used. in the manufacture of Ardent
bv one
····,,/J;f,_····@._·'··· .. ~
Spirits, a'I'e unlawfullv in the oossession of.
and
unlawfullv used
•..................................................... ...................................................................................................................... ..
(Giv name, or say,
"Whose n ame is to the informant unknown" )
i(:)• ::::
gage
OT
~P~ 7"w;: =•~::":~:'. ::~;:::::l
~::ullvt,a nspo,~d in
~=:~=~-
a certain vehicle. to-wit: ,a cer tain ........................ ................................ ....... , ........................ ..... ·........................ ........................ ................
.
(Here descri be vehicle, auto, motor boat, package or baggage, or what not)
bv ona ........................ ..... ....................................................................... ..
(Give name, or say,
"Whos~- name is to the informant' unknown")
...
~
And there being r easonable and probable ca tfse
acco unt of the foliowi~ i fa~ts stated bv the affiant and
I
olhens, to-wi t :
-
------·-- -- -- ···•· --·-···--__--------·-----------. -----·------------------- ----------------------"·... _..........~ ..... .... :.
---····· · ·· -······ ···--····-·--····-·-•••...-•···· ··············-····•···· ············ ···········-··· •· ··· ·········-·-··-
:L
•
~
············--·-··--·· ·~------· ; - ......... - ··········I. ........................ ........................
................ .
•
•
I~
..,; .,.
.... ·····-· ·························-
··· ·····- ···-··--············-· ··········-···········-- -·•····-· ··············... .. ....... . ........ .. ... .......... ..................... .. ...... ....... ...............
........ ........ ...... ......................... ....................
·······-········· · ········-········-···-·· ···················-·· ·-···--·-·····-·····
-······················· · . ..... .
..
· ·· ·· ·· ····· ··· ····-··· ········ ·· ··· ·-·-·-···· ····--· ··
~h
·~;~ - ~~~·s. :~:~--~·~~l~~~ ~ ~~~;~~·;~rrant: sea rch the said...~
This is to certify that ..
....L.....d
. ~----~.... ,_
auto or bag gage:~-; as the case may be)
for the said....................................... ..
.~. . . ..
7
~
GHere sa.y place h
··· ··· ··· ········-··· ·-····- -·- · ·········-····- ···· ···
s
room. boat.
,
t
searched, f~ r as, •·Arden t Spirits, " still, still cap, mash o;;h~t n ot)
Given
Title of Magistrate.
. J
�AFFID AVIT FOR A WARR ANT TO SEARC H
FOR ARDEN T SPIRIT S, ETC.
Commo nwealth of Virgini a
VI,
Filed in the Clerk's Office of th e . . . ... .. . ..... .
Court of the ....... ..... of .... . ....... ...... · Va.
~-
County or City
Name
Court of the ... . .. ... . .. . ... . . . . ..... .. . . .
Virgini a, this ............day
of................................,
192 . .... .. .
Clerk.
B:, ............................................................... .... D. C .
•
'-..
�STATE NORMAL SCHOOL
.·-
HARRISO NBURG, VA.
,
=
CHEMICAL LABORATORY
REP ORT OF ANA LYS IS
.................... ...............
THE SAMPL E OF .............................. ..............................
.................................... ...........................................................................
OF .........................................................................................................
SU BM ITTE D BY
....... FOR THE DETER MINAT ION
......................................... SHOWS THE
FOLLO WING ANALY SIS :
REMAR KS :
ANALY SIS IS CORRE CT TO
I HEREB Y CERTIF Y THAT THE FOREG OING
A4.,
om¼ . ...... .,. . . . . . ~ .·· · ·
THE BEST oF :-v:N:WLEDGE
~~Cv5'
�,,
•··
�to appear before the Judge of the Circuit Cou,rt of' Rockingham, County , cit the Coiirt
Hoiise thereof, cit 10 o'clock, a. n~,., on the .. .i,__ .. t f . ~flay of .
t4 ~ ~ · =l~: ..°.~
ie! s :11~
who stcinds chargecl with a n cl indicted for a f elony
.!Ind this ..~ ~ f ) ..,,1
a,nd there this ··;;,;:~~?
..
19.iZ;J'
.;cr.:~.""~""---"'
e; ilth ···...'-"'---.~
misdemeanor .
.shcill not omit under the pencilty of £ZOO . .!Incl have then
1Vitness, J. Ji'. BL.II CKB URN, Clerk of oiir sciid Coiirt, cit the l'oiirt House, the
... ay of
~
News.Record. Harrisonburg. Va.
, 19c{2_J, and in the 14. / th year of"the Commonwealth.
£ ·1 1
"'"""-"--_,._
t:A~~~.
. ...... . ,
Clerk.
�_ir ,,!p, , .
Id o
�News-Record,
H arrisonburg, V a .
In the Nam e of the Comm onwe alth of Virginia:
To the Sheriff of Rockingham County , Greetin g:
You a re hereby conun anded to suman on . ................ .
ngh(lm Cou,nty , nt the Court
to appea r before the Jiid_ge of the Uircui t Coiirt of Roclci
.19Jz:-c.~
.
. / f:. ~clr tyof. ~
House ,at 10 o'clocl c,a. m.,on the .
ionwea lth before the Grand J·u ry
to testify and th e truth to say in behalf of the C:01nn
e . . qf) ..,...~~
y of £100. And hcive then
And this .. ~............. shall not omit under the penalt
a,nd there this Writ. /
at the Court Bouse, the
Witnes s, J. F. BLAC KBUR N, Clerk of oiu· snid Court,
onwea lth .
L-:-3 dny of'. . .. ~ ., 19~ .J, andin thel4 •'Z. · yearo f the Comm
--~ 4 - « : d . . ~ ~ e T l c.
................................ .. ~
{I
�.
.
\
J
�r~~
/9.; 2.~ .
.
&,.
(?
~
- rn;~~,,,,_,,,.~.....,..~-
~---a.h:h/
•
.
l ·- I
'
I
--
'
\
r
.J
•
,
]
p
C
,
!
IV
I I
)·/;·) -~
... I
r \'
]
i
l
•(
\.
/
I,
•
I
·-
/
-
I
J -
'\
t
Ir
.
l!
!
i
�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 Prohibition Records: Criminal Cases
Description
An account of the resource
The first series of the Prohibition Records collection consists of all criminal case records associated with cases brought to the <strong>Rockingham County Circuit Court</strong> from 1916-1964. Not every individual was indicted for a criminal offense and many were simply judged as misdemeanors. The cases have been separated and arranged by the last name of the defendant. <br /><br />For more information on the Prohibition collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Subject
The topic of the resource
Prohibition--History
Prohibition--Government policy--United States
Prohibition--Virginia--History
Rockingham County (Va.)--History
Rockingham County (Va.)--Genealogy
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1916-1933
Identifier
An unambiguous reference to the resource within a given context
Pro001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/7">Prohibition Records: Liquor Inventory</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/6">Prohibition Records: Affidavits for Ardent Spirits </a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4524"> Prohibition Records Finding Aid </a>
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. E.D. Pence
Description
An account of the resource
Misdemeanor; Indictment
Subject
The topic of the resource
Misdemeanor
Indictment
Search Warrant
Contributor
An entity responsible for making contributions to the resource
Craig Schaefer, Kayla Heslin, Selena St. Andre
Date
A point or period of time associated with an event in the lifecycle of the resource
1923
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. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Identifier
An unambiguous reference to the resource within a given context
RcPr-box3-034
Format
The file format, physical medium, or dimensions of the resource
PDF
Source
A related resource from which the described resource is derived
Rockingham County Circuit Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Pence
-
https://omeka.lib.jmu.edu/erp/files/original/b7e7906b90dfaeef76141cfa87bd0de4.pdf
31e1e25e939d1aae8b544fb24f055563
PDF Text
Text
V'
Commonwealth of Virginia.) T _ •t·
_.Cit3r
g1•
Coiunty of
O Wl •
Ro ck i n__gham ___________ _ )
In the - ~-:i.:.It9A!}______ Court of the Q9AY].j;x_ __ of __ 3-.9_c_:t:i-_I!g~-------·
BE IT REMEMBERED That --~ ~-- _y~--~~ !°P!_~!_l___ , Attorney for the Commonwealth for
the said __ _Q_QllJlty______ of R9_G.k.i..:ng;b..am ___ , and who for the said Commonwealth prosecutes
in thi~lbehalf, in his proper per~on comes into the said Court on this the :_ 1 8th ___ day of_ ____ _
_/~~~------, in the year i92 __ , and upon the complaint in writing, verified by the oath "of ___ _
First
Count
___Q: ~-'A~- J:.~~-s-~~------• a competent witness, gives the said Court here to understand and be
informed that -- ~ _!__ :g;~__ yJ.._~~9--~------------, on the __________ day ofi __¥§.] [ ____________ ,
in the year 19~-, in t•h e said ~92-"1~~1-_ ____ of -- --~9-~35!-_1:~?_8:~---, did unlawfully _________ _
__r_:~~-~~y_e_1._ transp-0 rt~ __and_have_ in Jiis _p-0 ssession ardent __ spirij;_~~----·
------------------------------------,- -------------------------------------------------- ________ ! ___________________________ ---------------------------------------------------
-aigainst the peace and dignity of the Commonwealth of Virginia.
And the Attorney for the Commonwealth aforesaid, who prosecutes as aforesaid, in the
name and by the authority afore~aid, and upon the complaint in writing aforesaid, further gives
the said Court to understand and 1be informed that said -----------------------------------,.....c-nr-on the __________ day of --------------------, m tne year 192 __ , m the said ______________ of
Second
-7
•
•
.
·
1
----------------------, did unlawfully --------------------------------·--- _____________ _
against the peace and dignity of the Commoniwe alth of Virginia.
And the Attorney for the Commonwealth aforesaid, who prosecutes as aforesaid, in the
name and by the authority aforesaid, and upon the complaint in writing aforesraid, further gives
the said Court to underdand and be informed that said _____ .:. ________________ ~-------------
~ on the __________ day of --------------------, in the year 192 __ , in the said ______________ of
----------------------, did unlawfully ______ ---------------------------- against the pe~ce
and di:gnity of ,t he Commonwealth of Virginia.
Attorney for the Commonwealth.
VIRGINIA·--- City __________ of ___ : ~l'.'_:rj ,§ _9_:t:{g~_~g________ , To.,.w-i t:
Pauli n e 1T .Andrus,
This day ____ G. _ A_. _La.ws.nn ____ personally appeared before me ------------------ a
__ for the _ ci "tY------- of ___ __Ea_rrison.hu.r.g. ____ , Virginia, and made
complaint and information on oath that __E_. __E_. __i[j._E!,.l].Q._~ _______________ _, __________________ _
not a r y
J;?U bl ic
within twelve months prior to this date, to-wit on the ---------- day of __ !~~?________ , 1928 ,
in the
-~.?-~~;_:'[ _________
of
A~~-~!!1ii1l ~~-- -- :
!.
:Manufactured Hndistilled ardent Sf)iFi ts;
2.
Sold ardent spirits ,
3.-Transported a:rdent spirits;
4. Owned and bad in
pMsessio n a s+iU, still ca,i3, ·.vef'ffi, too, fermenter, and other
__appliances connected with a still, and mash and other substa.nGes ca,i3aible of being-used in the m,an.._
--Hfaetur e of at dent spirits ;
5.-Unlruwfully
possess ardent spirits.
I
.
.
Sworn to this __ )..._~~,!i___ day of ___,I~_e_______ --------, 192-~.
-/'rl
tJ~ ·t2 ~~
I
G~
::~ .,--~
---~--
N. P.
�Commonwealth of Virginia
.,
vs.
} MISDEMEAN OR
·--E. _E -Via.nds. ___ ~----------- ------
'
lnformation for Violation Prohibition Law.
-11
~J·(~
~J
Witnesses:
/
'<
&-\1
•
l
G. A.,!'__l,aw:ao.n __ -.- - -- - -- - -- - -- -- - - --------
~
'1__0\-
,t c:J)
~
)
Filed ____ June 18_.__ 1928 _____ 192 __
____________________________ Clerk.
By __________ .._ _________ D. C.
���~~ e_
Al lit {✓t l, I
X .i.
,/3,.
f)
Jt ' ·
~
/
I
t
.I
t
(
�STATE OF VIRGINIA, COUNTY OF ROCKINGHAM , to-wit:
I, ........................ .......... .................................................................. ...... ................................. ............................................. do solemnly swear (or affirm) that I
will support the Constitution of the United States, and the Constitution of the State of Virginia and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ............................................................... ,............................... .............................................. .
according to the best of my ability.
So help me God.
Sworn to and subscribed before me this .................................... day of ................................. .......................... 192 ..... .
................ ..................................... .. ............................... ............................. Clerk
�COMrYION\'lEALTH
-
VS
Information
E. E. Viands
('
\
(Misdr.) (Pro.)
�..
I'
/
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County Prohibition Records: Criminal Cases
Description
An account of the resource
The first series of the Prohibition Records collection consists of all criminal case records associated with cases brought to the <strong>Rockingham County Circuit Court</strong> from 1916-1964. Not every individual was indicted for a criminal offense and many were simply judged as misdemeanors. The cases have been separated and arranged by the last name of the defendant. <br /><br />For more information on the Prohibition collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Subject
The topic of the resource
Prohibition--History
Prohibition--Government policy--United States
Prohibition--Virginia--History
Rockingham County (Va.)--History
Rockingham County (Va.)--Genealogy
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1916-1933
Identifier
An unambiguous reference to the resource within a given context
Pro001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/7">Prohibition Records: Liquor Inventory</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/6">Prohibition Records: Affidavits for Ardent Spirits </a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4524"> Prohibition Records Finding Aid </a>
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. E.E. Viands
Description
An account of the resource
Misdemeanor; Not Guilty
Subject
The topic of the resource
Misdemeanor
not guilty
posession ardent spirits
Contributor
An entity responsible for making contributions to the resource
Craig Schaefer, Kayla Heslin, Selena St. Andre
Date
A point or period of time associated with an event in the lifecycle of the resource
1928
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. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Identifier
An unambiguous reference to the resource within a given context
RcPr-box7-061
Format
The file format, physical medium, or dimensions of the resource
PDF
Source
A related resource from which the described resource is derived
Rockingham County Circuit Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Viands
-
https://omeka.lib.jmu.edu/erp/files/original/01dc0ed83d6d2141239b42c2c99b2208.pdf
7c084be160266c468a05fc97c7341ebc
PDF Text
Text
COMiiONWE.ALTH OF VIRGINIA,
COUUTY OF ROCKINGHAM, to-wit:
In the Circuit Court of said County:
The grand jurors in and for the body of said county
of Rockingham and now attending said Court at its August term,
1928, upon their oaths do present that E. F. Hillyard, within
one year next prior to the finding of this indictment, in said
county of Rockingham, did unlawfully receive, transport, and
have in his possession ardent spirits, against the peace and
dignity of the Commonwealth of Virginia.
found on the testimony of
w.
Rexrode,
witnesses sworn in Court
give evidence.
.
'
sent before the grand jury to
T.
�Unl awf ully rec eiv e, etc .
Commom•1eal th
v) Ind ictm ent
E. F. Hil lyar d
r· l Misde mea nor
Aug ust term , 192 8
I
A Tru e Bil l:
D. w. Earman
Com mon wea lth's At t orne y
�~tatr nf llirginiaf
] To-wit:
C!touttty of ltorkiu94am, J
To the Sheriff orang Police Officer or Constable of the said Countg:
WHEREAS,_ h,_~:.✓._ 1, __ ~ ~-- ___ _ _ ___ ___ _ _ _____ ______________ of the said County,
has this day made complaint and information on ath before me, . /4 ______ __{!____ J__ a Justice
~
f
of the Peace of the said County, that ____ ______
.
~
did on the ___ -- --- day of_ __ - -- -- --- _,__ .L,;
/
·
/
~
__ .,._ _'!:. -, -- ---- -- ~ ---~ ~ - - -----in the said County,
-t
I?'
- -- - - - --- -- -- -- - - •
~ ;ti;!~ ~~
192 -1 -·- :
-
A
//
,/A u
,J£
~7Ji~~-
THESE ARE, TH EREFORE, To command you, in the name of the Commonwealth, to apprehend
.Z/1~~
and bring before me, or some other Justice of the said County, the body of the s a i d _ - ~
____ ______________ _____ ______ __ ____ ___ __ ______ _______ ___ to answer the said complaint and to be furth er
dealt with according to law. And you are also directed to summon _____ _______ _-----~--- ------ -- --- --
____ ____ _____ _____ __ __ · ____ _____________ _____ __ ____________________ _____ ___ ___ . , ns witnesses.
�ST~~~-~~ _V ~ ~ -l-ir,~~
K: ~ ~~A~: -~~:;~:i~e of the Peace in and for the
County of R~
=
~a!n Virgm, do \ereby ~ertify th at_ __
and
;-J:_4&_~ __/?t. - ~-k.:0--f._--t_!:_J A__~ ~ A ~ashis suret~
ff-#,i~- - --- ___ _
h~e this day ack no \ edged themselves indebted to the Commonwe 1th of Virginia in the sum of
Dollars ($_~!~~
~ ~;D.ade and levied
of their goods and chattels, upon this condition: That the said_c.!~__
7~- _}I~
J-f!--),
E_.f.~@ d________
_________ __ ____ __ ________ ____
shall appear before tftc a J ~ i t j ; o ~ q _ J ? : f ~ l r n m Co~nty, on th~-1~- - - - -0
day of_ ___ ~ __tt? ___ ___ ____ __ ___ ____ _, 192~a;dn ot leave hence ,Hthout lea" e of the said
Court, tt??i;; ,~-e-r-~he charge in this war rant, or to await the action of the Grand Jury of the said
County upon the within charge.
Given under my hand this, the __ _( ~ - - - · day o~ -~-- ~ - p
~
CJ
0
:i
~
0
c
en
...
~
...0 ::...0
::
;::
:s:
r5
C
::-
;::
;::
_.
~
~
"'"'
§"
~
::..
C
::
('")
s-
(';,
"'
,,:,
"'
(\)
"'
CJ
(';,
'"':
;;-"
-A -fro/"""'~
- -----,J. P.
2- "'...'--<
s::i
;:;·
ro
>
~
.....
>
::::
~-; .,.._l~ Y.
(j
~
0
rJ)
.;"
...,
'J)
f,r;
&.
&.
&.
...
&.
&.
¥.,
0
-.
Q.
C
Iii
.r,,
t=:l
>-:
(';,
c::
-0
8
;::
--~- -
::..
::-
~
"'
::-
~
:='
(';,
:::..
~
,..,
C
('")
::::
~
0
~
X
:::,
I
"' s::
:::.. §"
0
~
~
~
....
-- o :
0
CJ
-...-.
C")
z
,,:,
S.
,_.....__
0
....
~
;::
iii
~
:"
;::
~
>
t""'4
I
~
I
I
I
"'
c ,,
(:" I
'°
(\J
I
::..
~I
•
::c:
.....
I
-'
C
'-::!
�Commonwealth of Virginia:
To the Sheriff of Rockingham County, Greeting:
You are bereby commanded to summon
: ::: : : ::::::: ::::: · : ::: : : :5.t::: : r:::~_;;;:~
:
to appear be/ore the fudge of the Circuit Court of Rockingham County, at the Court House
thereof, at 10 o'clock, a. m. , on thecft. o_d
.
day of
~
to testify and the truth to say in bebalf of the Commonwealth
·. .
19,fl.,.r
"lftore the GRAND
JURY
·. ~ - cf ~ :.:. ,.~ ~.cv.t..L ..
who stands charged with and indicted for a felony
And this ..
misdemeanor.
. . shall not omit under tbe penalty of £100. And have then
IfyCommonwealth .
.. .. .... ... .., Clerk
P&L PRESS, Ha"iJonburg, Va.
�'
.\•
·,
-\
........ ..
'
'-,
, :.
,
.
\'
.. .
�In the Name of the Commonwealth of Virginia:
To the Sheriff of Rockingham County, Greeting :
Y oU, a re hereby com1nanded to sum,mon .....
. · · · ·-· · · · ··· · · · · · ·· · · ~· · ·;;z:t?~; ~;;t~
. ·_vj=~~~=
:
.
: , at the Court
untl
i!
to appear bef ore the Judge of the Circuit Gour: ot;___}!!!_~kinJ!ha? G,
H ouse t h ereof , at l 0o'clock, a . m ., on the
~
day of
•··~ · ··
.. ·.
ef
. ... ... 19 ..
to t estif y a n d the truth t o say in ehalf of the ::..,m';)onwealth a_t!~in s1} . ....................................... .
·······••································ ·········· ······· ··················· ·· · · · · · d ······~
d indicted f or.a f(ib0t1;y- - m,isdemeanor .
.l:l.nd this ...........................................shcill not omit under the penalty of £ 100. .l:l.nd have then
a n d there this Writ.
rt, at the Cou rt House, the
w h o stands. cha~
News-Record. H a rrisonbu ri. Va .
�, •.
dr7
,- --=----- - -
�I'
£;'/~h /4
5,
---
J.
9-- S-:-p- ef
a,.__/
')... J''-
0 /. /·
d'I ( C
y
'
L, "''. 1
Ij
'
A
,
1 , er t1
I .. o
J
I
I , :,
,.,,
��COJB!ON'RALTH
vs.
t
r
Kisdemeanor (Pro.)
E. F. HILLYARD
l
l
f
!
t
ci77
Ct)<'
{}_,,{,,J,...,. -
•
L
r;,,ril
"
w
fl
'
7
[
I
~
!
I
C ()
I- t
------
,([ ~
/ --------;=-:;-.,. i -
r
l
l
)
l
J
I
l
{)
) ')
.
':.
....
�L
t
r
I
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County Prohibition Records: Criminal Cases
Description
An account of the resource
The first series of the Prohibition Records collection consists of all criminal case records associated with cases brought to the <strong>Rockingham County Circuit Court</strong> from 1916-1964. Not every individual was indicted for a criminal offense and many were simply judged as misdemeanors. The cases have been separated and arranged by the last name of the defendant. <br /><br />For more information on the Prohibition collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Subject
The topic of the resource
Prohibition--History
Prohibition--Government policy--United States
Prohibition--Virginia--History
Rockingham County (Va.)--History
Rockingham County (Va.)--Genealogy
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1916-1933
Identifier
An unambiguous reference to the resource within a given context
Pro001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/7">Prohibition Records: Liquor Inventory</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/6">Prohibition Records: Affidavits for Ardent Spirits </a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4524"> Prohibition Records Finding Aid </a>
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. E.F. Hillyard
Description
An account of the resource
Misdemeanor; Indictment
Subject
The topic of the resource
Misdemeanor
Indictment
posession
Contributor
An entity responsible for making contributions to the resource
Craig Schaefer, Kayla Heslin, Selena St. Andre
Date
A point or period of time associated with an event in the lifecycle of the resource
1928
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. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Identifier
An unambiguous reference to the resource within a given context
RcPr-box7-034
Format
The file format, physical medium, or dimensions of the resource
PDF
Source
A related resource from which the described resource is derived
Rockingham County Circuit Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Hillyard
-
https://omeka.lib.jmu.edu/erp/files/original/4ef2d30abc7742f6b8c33f86286fec25.pdf
a0ed76bf9b21459b6c78ded3c399d741
PDF Text
Text
/
.
-
�Cl
V
•
,,
ly
,, 1 \-:~· 1i
I)
.:'~
I;
'tit.-
...
~
•.
0
.
,6.
19
•
"
{;
.
... .
"""'
t
i,
t,l
(;
• L'·
j
; i~
•
r
(
.
; ,
->
t it t
•
l~ •
11
,}
�.
VI ob. PR£· -~
~ ? ~
Co mmon wealth
v.
~
) Ind ic tment
!: • H .
~~
Carr ie r
~
d
.\l
'H:sde meang r - Viol. J' ro . Act
Oc tober term, 19.2 1
A
~
F orerm n
-l
0
-..
0
• Y! . Ea·r man
Comrnonw eal th' s .,; tto rne y
1:-
l
p
....
�STATE OF V IR G IlJ IA •
COUNTY OF ROCKIN'iHAM , t o-w it :
In the Circu it Court of s a id Count y :
The g r an d juror s in a nd for th e bod y of sa id
count y of Rock i n f h'3rn
n d no w a t tendi rip.- sa i d co urt at
· Oc~ober . term, 1 9 21 , u pon th eir oa ths . do
E . ,H. Carri er within o ne year
i ts
r esent t ha t
ne x t :prior to th e f indin~ ·
o f t h i s i ndi -c t ment , in the s a i d Co unt y of ~ ock in gham , did
un l a wful l y mnn ufa cture , s ell , off er . k ee p , s tore an d e :pos e
f or s a le , g iv-e a way , tra n s port , di sp ense , so li c i t , adv e r t i s e and r ece iv e o rder s f o r a r de nt s p irf ts , a g ainst th e
peac e md dign i ty o f th e Cormaonwe a l th of Virg inis .
~hi s i ndi c tment is fo u nd on the te s timony of 17 . _,_ ,.
Di l l ard ,
v. ':' .
in cour t
and sent befo re i; he g r and j u r~,r t o g ive evidence .
Rex rode , a nd Cons t ahle Jl1 u1 , wi tnesses sw orn
�In the Nam e of the Com mon weal th of Virg inia:
To the Sherif f of Rockin gham County , Greeti ng:
You, are h ereby com,111,mu'lecl to sum,n1,on ...
.. d&., £
.~~ .. ~~
.,
.C ~ .... £>. ~ ...1..~,...,.,.
. 4 ~ft r · · ...
to cippen r bef'ore the JLiclge of the Circu it Coiirt of'
Roclc ingha m Count y, at the Court
House thereo f, at 10 o'cloclc, a. m., on the .. . ...&.: . ... :. ~
. day of .. ······•-· · .C.r._ ...... ... 19.~/. ,
to testify nnd the truth to say in behalf ' of' the Conun
onwec ilth ngain st..... ......
/')
.
··· ···· ············· ~ · · ··· ·····~· · ~ ··':~.
who stand s charg ed with nnd indict ed for a - f elony misde mecin or .
.Jl.nd this .. -~
............... shall not omit under the penal ty of' £100 . .Jl.nd
hcive then
and there this Writ.
Witne ss, J . F. BL.JI. CKE URN, Clerlc of our said
Court , at the Cou,rt House , the
<B:.(~ ay of. .. . ......©.-::r::L~ ....................., 1 9 ?Z .. ., and in the
14.. ·6 ..th year of the Comm onwea ,lth.
· · · · · ···✓~· ~•·· · · · · ·~· ·~· ·-C~ ,
New,-Record, Harrison burg, Va.
(I
Clerlc.
�~
,
~/
,
/)
('
~ ( . £,,,~'
'
,
£YcI
,p_/
/
a ' .. '
/ / .2./ .
�N ews.Record.
H arrison burg, V a .
In the Na me of the Co mm on
we alt h of Virginia:
To the She riff of Roc king ham
Cou nty, Gre etin g:
~ -1!!1·~=,
iJ!. ./ :. :77:: ::~
You are her eby com ma nde d to
sum mo n ...... .
.. ~ ..
W cY
to cipp ear befo r e the Juc lge
of the C.:ircu,i t Cou,rt of Roc kin
gha m, Cou nty , nt the Cou rt
Hou se, at 10 o'cl ock , a . m ., on
the ... ...
cltty of. ........ .....~ .. ...........
..... 19 P;;! ,
to te stif y and the tru th to say
in beh olf of h e C.:o nun onw
ealt h befo re the Gra nd Jur y
1.7. .
.r.J-1 .:.9 .~...
.Jl.nd this ... ~~.
...... shall not om it und er the pen
alty of £10 0 . .11.ncl hav e the
and ther e this W'rit.
n
Wit nes s, J . F. BL. Jl.C I{B UR
N, Clerk of' oiu· scii d Cou,rt,
at the Cou rt Hou se, the
JJ da,y of: ..... .
........ .. , 19P :/. ., and in the 14 l..,
• yea r of the Com mon wea lth.
.. . . . ... ....~ & ... . . /~: ~ . , Clerk.
�w~ t7 / 1-zy .
�------ ---~ -------- / ___ ____(SEAL)
Justice of the P eace.
�Searc h Warr ant for City
or Tow n
COMMONWEALTH
·'·
'-· ro
/.,~
:J. 1/'-v
~
-'· t,)-.ef _)
-0--:
t>-t,
!<J-4.~ r~ ~ . ~
�~, ,·
,,
;,
"
lt
.,?- '
1 •
-
I
s'
Upon an Indic tmen t
for a Misdemeanor.
ADS -
J
l}-b
'l
1. . ·)-ro'
I
E.H. CARRI ER
COMMOlf.iEALTH
\
,_,if
!\
~
'
,
- 1.., .J a~
.:j/
I li .~
1
• J
,
~- ~
,
,.
!
I
\.
t
1
I
1
I
Cf
. 1
.1
I
l
)
�I
\.'
(
t
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 Prohibition Records: Criminal Cases
Description
An account of the resource
The first series of the Prohibition Records collection consists of all criminal case records associated with cases brought to the <strong>Rockingham County Circuit Court</strong> from 1916-1964. Not every individual was indicted for a criminal offense and many were simply judged as misdemeanors. The cases have been separated and arranged by the last name of the defendant. <br /><br />For more information on the Prohibition collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Subject
The topic of the resource
Prohibition--History
Prohibition--Government policy--United States
Prohibition--Virginia--History
Rockingham County (Va.)--History
Rockingham County (Va.)--Genealogy
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1916-1933
Identifier
An unambiguous reference to the resource within a given context
Pro001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/7">Prohibition Records: Liquor Inventory</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/6">Prohibition Records: Affidavits for Ardent Spirits </a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4524"> Prohibition Records Finding Aid </a>
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. E.H. Carrier
Contributor
An entity responsible for making contributions to the resource
Craig Schaefer, Kayla Heslin, Selena St. Andre
Date
A point or period of time associated with an event in the lifecycle of the resource
1921
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. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Identifier
An unambiguous reference to the resource within a given context
RcPr-box1-073
Format
The file format, physical medium, or dimensions of the resource
PDF
Source
A related resource from which the described resource is derived
Rockingham County Circuit Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Carrier
-
https://omeka.lib.jmu.edu/erp/files/original/4d5f55081f5fef3bd23e04f0290c8efb.pdf
dc6b4952412076b0d4ae2b1622844166
PDF Text
Text
i
t
October term,1918 .
1v1ap p
l aw.
COMMON WEALTH
vs.
Indictment
E. H.HUddle
o s t a.nee
·······--• ---- -·• ··-·············· ····---·········--···-·····--·-·· ··-·········--·--······
UH:t~
For Misdemeano r
A TRUE BILL
~< v
Harry m. Strickl e r
commonweal th I s At tor ney .
(
j
�Commonwealth of Virginia,
Cou nty of Rockingham, to-wit:
•
In the Circuit Court of said Count y:
I
The juro rs of the Commonwealth of Virg inia, in and for
the
body of the Coun ty of Rock ingha m, and now atten ding
the Circ uit
its uctob er term 1918
Cour t of said coun ty,/atuPON
THEIR OATHS P~ESENf, that ~ . H. Hudd le and
c .s.Ea nea con the 17th day of uctob er,19 18, in said uoun
ty, did un
le.wf u.lly manu factu re, sell , offe r, keep , store e.nd expo
se f-or sele ,
giTe away , tran spor t, dispe nse, soli cit, adve rtise
end rece ive orde rs
for arde nt spir its,
agai nst the peace and dign ity of the Commonwealth of
Virg inia.
AND THE JURORS AFORESAID, UPON THEIR OATHS AFORESAID
, DO
FURTHER PRESENT, that
.
agai nst the peace and dign ity of the Commonwealth of
Virg inia.
ment is found on the testim ony of _ _ _ _ _ _ _ __
witn esses sworn in Cour t and sent befo re the Grand Jury
to give
evide nce.
�.
'
�CO~IMONWEALTH OF VIRGI NIA, }
,
ROC KI NGHAM COUNTY
TO-WIT :
~ ~ ~ S h e r i f f or any Conslable of said County:
WHEREAS,
../!(J
£
~
A~7:q'•~
ofthesaidcounty,hasthisd ay made
_ _a Justice of the said
c- A.t--J~• • ~ e;:-J.. ~
complaint and i~fnuation on oath before me,
~I
x....._ ~
ot tao uaia eettnt::,, on tac
Q,.
- .._
191
d:21y of
, st
I
to appear and give evidence in behalf of the Commonwealth, on the examination touching the said offence.
~
Given. under my hand and seal
this__Lf-da;, o-~---,--- -
- - - -in the year l 91~
;
~~
--=:::::::::::::::::::::==-- --'---J.
...,c._
-::------~
----
"-
P.
[SEAL]
••
�
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 Prohibition Records: Criminal Cases
Description
An account of the resource
The first series of the Prohibition Records collection consists of all criminal case records associated with cases brought to the <strong>Rockingham County Circuit Court</strong> from 1916-1964. Not every individual was indicted for a criminal offense and many were simply judged as misdemeanors. The cases have been separated and arranged by the last name of the defendant. <br /><br />For more information on the Prohibition collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Subject
The topic of the resource
Prohibition--History
Prohibition--Government policy--United States
Prohibition--Virginia--History
Rockingham County (Va.)--History
Rockingham County (Va.)--Genealogy
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1916-1933
Identifier
An unambiguous reference to the resource within a given context
Pro001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/7">Prohibition Records: Liquor Inventory</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/6">Prohibition Records: Affidavits for Ardent Spirits </a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4524"> Prohibition Records Finding Aid </a>
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. E.H. Huddle and C.S. Eanes
Contributor
An entity responsible for making contributions to the resource
Craig Schaefer, Kayla Heslin, Selena St. Andre
Date
A point or period of time associated with an event in the lifecycle of the resource
1918
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. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Identifier
An unambiguous reference to the resource within a given context
RcPr-box1-040
Format
The file format, physical medium, or dimensions of the resource
PDF
Source
A related resource from which the described resource is derived
Rockingham County Circuit Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Eanes
Huddle
-
https://omeka.lib.jmu.edu/erp/files/original/741d6e7aaf574a9677969c610b5d7bb4.pdf
f785688dfc069206b9035591b674140c
PDF Text
Text
OF V , GI 1 ' .. •
1'
cou
1
OF R
1:11;mi: .r, to - wit :
I n the Circuit Court oi said Coun t;7 :
he gre.1:ld
of Roc k ingham
1 92
uro r s in and for the bcdy of SB.id County
nd now a t t erdir.g s a id Court a.t its June term ,
e ent tret .l!i .L.
, u on t heir oa ths d.o
tkins within one
ear next _pr ior to the finding of this indictm,n t , in the said
o
t
~
of
ocki ngham , d.id unlawful l y manufactu re , sell, offer ,
kee , store and ex.t-'ose t or sale, give a wa , transport , dis ens e ,
solicit ,
.dvertise and r e c eive orders for
a gainst the peace and di gni t
'11 his indictmen t is
P ex1·0Li.e , :D . \v .
s Jiri ts,
of the Commo nwea.l th of Virginia.
foum on tt.e testimony of
hi ff lett , awl J.
in court and sent befor
rdent
·1 .
• Di.rting , wi n es ses sworn
the g rand
J to give evidt:nce .
�.
o._
tj
0
•
0
~
Ii
I-'·
~
en
p,
(D
(1)
Ii
~
():l ..
8
f-'
b:i
~
f-'
{l")
....,
,_,
~
0
...-+
(D
I-'·
..
UJ
0
0
1-3
~ ~
a:;
ttj
p:..
-ij
1-i
.
~·
~
~
~'i
<"
<
•
0
~
I-'·
0
.
f-'
~
1-i
0
•
0
ct-
r
c+
ct-
0
t::i
(D
.
/
/
.
�State of Virginia,
Rockingham County, to-wit:•
Thia day came before t he und e rsi gned bail comm1ss 1one r for
Roc~ in~h~ -ooup ty,
.f ..;{.
qv~
cd / - ~WA~-
------------------ - - ---- -----------who jointly and severRlly aalmowl ed g~d t hemselvAs i ndebted to the
l _ _~_.....,._ _ _ _ _ , to
__,
Commonweal th of Virg i n i a in t h" s um of ~c_/
w~
be levied of t heir re sp a otiv
~oode and cha tt 1 9, l and s and tene-
men ts f or t he Use of the ComrnonwP- a l th to
t he paymen t of which t hey eac
<'..\
b A
r entle r ed, ano
lil.B
to
wa ive the ir Homeste ad ExP,mption
and any r ight to d i s cha r g e any li ab ilit y ~ri a:1.ng to the Commo we alth of Virg i n i a und r t hi s r ec ognizance, by ooupona de t a ched :t11om
b ond e of t h i s St ate, the
as t o h i
a i d sure ty h a ving firs t jus t i fi ed und r oatali·
sufficiency.
~
b~~
17~......._
before & &A ~
Yet upon t i s cond i t ion, t hat 1~ the~ i d
s hall a.p-pP.a.r
~JP"..:::::... ~ f«:Ldr'jl N
at lO o'olook, on th
flf'Z: T
~
8b:?
morning of aa i d lay . t o ans er t e Commonw~alth
of Virg i n i a conc erning a OP. rt a.i n . ~~ ~r
of which he st ands ohar ged, and ahal l no t depart, t h~ r efrom without
leave of sa i d Court, t hen t h i s obligat ion to be v !d; ~t er wise
to r e ain in full f orce an~ v1rt u6.
Given u nde r my hand as Ba il Co1::11m i sAion ~r. th i s
.b
..
J" 1923. --
l,f
dey of
�'·
�Arrest Warrant
COMMO NWEAL TH OF VIRGINI A, } TO WIT:
/
r
ROCKING HAM COUNTY
forthwith to appreThese are therefore, in the name of the Commo nwealth of Virginia, to comman d you
hend and bring before ~ orlso e other Justice of tqe said County, the body of the said
G~-. ILL .d~
...,
~~i~ ~ain t
a~d to be further dealt with according to law. And you are required to sum-
-mon ---'--=:-::::~-'--"',,{):...____,-<-..c.=-><=:..____._~-- - - - - - - - - - - - - - - - - - - - -
No. 3 8
NEWS• RE CORD CO ., HARRISO NBURG , VA.
------
�Commonw ealth
Executed the wit h·Ill warrant by
arrestin"
and I 1·
"'
c e ivering the body of
,.
/
-
�News-Record,
Harrisonburg, Va.
In the Name of the Commonw ealth of Virginia:
To the Sheriff of Rockingham County, Greeting:
You are hereby conunanded to summon .
.......·....'&./.... _ / ~:
to appear before the Judge of the Circuit Court of Roclcinghmn County, a,t the Court
-.,_'>~
House-, at 10 o'clock, a . n1,., on the ..
.dny
2, .~
to testify and the truth to say in behnlf of'
of
~~
..
19 P:-: -;3
Oonwnonwealt h before the Grand Jury
€.~.;:C, ~ c....-.. ~ ...
.11.nd this ... ..~ r;t··.········ ..... ..... sha ll not omit under the penalty of £100 . .I.Ind have then
and there this
Witness, J. F. BL.II. CK BURN, Clerk of our said Coi1,rt, at the Court House, the
191",;::, and in t ~ e a r of the Commonweal th.
J,3 day
r ... .. ,
w;:D 7
- -~
4U ·
~ , Clerk.
��STATE NORMAL SCHOOL
HARRI SONBU RG, VA.
CHEMICAL LABORATORY
REP OR T OF AN ALY SIS
THE SAMP LE OF
L~
11
. . .... . . . .... . . . . . . .... .
.. . . .... . .... . ... ..... . .. . . . . rf.-....... . ...
OF ..........................................................••·········
SUBM ITTED BY
FOR THE DETE RMIN ATlpN
························ ······················ -·········· ····················
SHOW S THE
FOLL OWIN G ANAL YSIS :
REMA RKS :
ECT TO
FORE GOIN G ANAL YSIS IS CORR
I HERE BY CERT IFY THAT THE
THE
BE: M~
DATE .~
OF
K:;L EDG E~
................. /. ........... .. 192._j_
crfd=
~
ANALYST
�r
-·~,
·· ~ . .
··.
-~-·- ..·,. -..\,·,\~'- \ .
..
......
- -
· J\
' ....
•
"
\
.
\
�~
I'
I
~/,,
-
.
-
- /)
1~~
f
.
0 , n-,/
y'.T(
I
!2::-Jd ~
����~.L. Atki ns
\
ads
Indi ctme nt for a Misd r.
Commonwea 1th
: . •
f /'I f)l I.. I
.~Jr
I
-
(
.
'
-~
-------
�l
-'~
I
r
I
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County Prohibition Records: Criminal Cases
Description
An account of the resource
The first series of the Prohibition Records collection consists of all criminal case records associated with cases brought to the <strong>Rockingham County Circuit Court</strong> from 1916-1964. Not every individual was indicted for a criminal offense and many were simply judged as misdemeanors. The cases have been separated and arranged by the last name of the defendant. <br /><br />For more information on the Prohibition collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Subject
The topic of the resource
Prohibition--History
Prohibition--Government policy--United States
Prohibition--Virginia--History
Rockingham County (Va.)--History
Rockingham County (Va.)--Genealogy
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1916-1933
Identifier
An unambiguous reference to the resource within a given context
Pro001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/7">Prohibition Records: Liquor Inventory</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/6">Prohibition Records: Affidavits for Ardent Spirits </a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4524"> Prohibition Records Finding Aid </a>
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. E.L. Atkins
Description
An account of the resource
Misdemeanor; Guilty
Subject
The topic of the resource
Misdemeanor
guilty
manufacture
sell
offer
transport
dispense
advertise
receive order for ardent spirits
Contributor
An entity responsible for making contributions to the resource
Craig Schaefer, Kayla Heslin, Selena St. Andre
Date
A point or period of time associated with an event in the lifecycle of the resource
1923
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. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Identifier
An unambiguous reference to the resource within a given context
RcPr-box2-049
Format
The file format, physical medium, or dimensions of the resource
PDF
Source
A related resource from which the described resource is derived
Rockingham County Circuit Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Atkins
-
https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_003_022-commonwealth-v-el-harrison.pdf
67cdc8ba2479764557c4a60d5f1f708b
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/.
Date
A point or period of time associated with an event in the lifecycle of the resource
1901
Title
A name given to the resource
Commonwealth v. E.L. Harrison
Description
An account of the resource
Defendant charged with felony fraud.
Subject
The topic of the resource
Felony
Fraud
Creator
An entity primarily responsible for making the resource
Rockingham County Criminal Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>
Contributor
An entity responsible for making contributions to the resource
Jennifer Taylor
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
An unambiguous reference to the resource within a given context
CCR001_003_022
Harrison
Haynes
-
https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Prohibition_Records_Criminal_Cases/Ccr002_021_047.pdf
fe8084f6fa7bd467f00bfa08e0a1313b
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 Prohibition Records: Criminal Cases
Description
An account of the resource
The first series of the Prohibition Records collection consists of all criminal case records associated with cases brought to the <strong>Rockingham County Circuit Court</strong> from 1916-1964. Not every individual was indicted for a criminal offense and many were simply judged as misdemeanors. The cases have been separated and arranged by the last name of the defendant. <br /><br />For more information on the Prohibition collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Subject
The topic of the resource
Prohibition--History
Prohibition--Government policy--United States
Prohibition--Virginia--History
Rockingham County (Va.)--History
Rockingham County (Va.)--Genealogy
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1916-1933
Identifier
An unambiguous reference to the resource within a given context
Pro001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/7">Prohibition Records: Liquor Inventory</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/6">Prohibition Records: Affidavits for Ardent Spirits </a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4524"> Prohibition Records Finding Aid </a>
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. E.L. Harrison
Date
A point or period of time associated with an event in the lifecycle of the resource
1900
Subject
The topic of the resource
Felony
Unknown
Description
An account of the resource
Defendant charged with unknown felony.
Publisher
An entity responsible for making the resource available
JMU Libraries
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Contributor
An entity responsible for making contributions to the resource
Sydney Ring
Megan Pullen
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. https://creativecommons.org/publicdomain/mark/1.0/
Format
The file format, physical medium, or dimensions of the resource
PDF
Type
The nature or genre of the resource
Criminal
Identifier
An unambiguous reference to the resource within a given context
Ccr002_021_047
Harrison
-
https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Prohibition_Records_Criminal_Cases/RcPr-box10-032.pdf
a72dc881651769d41639f7f6b9ef59b8
PDF Text
Text
Commonwealth of Virginia ) To-wit:
City oiOC ~«lly Xof _Har rison .bur_ g _________ )
.
In the __Cix_ c\4-t _____ Cour t of the
9-~~~t __
of -----~p-~~_i_I!Sh~----·
BE IT REM EMB ERED That __ I)_._W_..E~:rl®..tl._____
, Attor ney for the Comm on1V17-e alth for
;
the sa:id ____ G..o.un..cy ____ of Roc.kingham.. __ ,
and who for the said Comm onwe alth prose cutes
in t his behal f, in his prope r perso n comes into t-h e
said Court on this the r.l.9tb .: ____ day 'of.J:.une
----- ----- --, in the year 19135, and upon the c ompl
aint in writin g, verifi ed by the oath of ___ _
----- ----- ----- ----- ----- ----- ----- -~-- ----- ----- -----
----- ----- ----- ----- ----- -,- ----- --
-again st t he peace and digni ty of the Coinmonwe alth
of Virgi nia . .
And the Atto
..._...
~
ey for the Comm onwe alth afore sa id, who
secut es as afore said, in the
name and by the autho ·ty aforesaid, and upon the
complaint in writI
afore said, furth er gives
the said Court to unde rsta d and be inform ed that
said __________ :__ ____ ----- ----- ~--- ----- I
on the __________ day of ___ ----- ----- ----- -,
in the year 192 __, in the sa· ______________ of
----- ----- ----- ----- --, - did u - ~
ully _________________________ ,__ . ----- ·---
a gai~s t the peace and digni ty of the C
~
--- : -- . ----- -
And t he Attor ney for t he Comm onwe a
afore said, who prose cutes
th e
name and by the autho rity afore said, and upon t R
comp laint in writi ng afore s1aid, furth er ives
the sa id Cour t to under stand and be inform ed that
s ·d ----- ----- ----- ----- ----- ----- ---- _
on the __________ day of _____ .:_ ______________ ,
in the y
192 __ , in the said ______________ o
----- - - ----- ----- - ----, did unlaw fully _________
_: _________ ->..- ----- ----- ---ag ains t the peace
--ttltd digni ty of the Comm onwe alth of
Virgi nia.
--- --- --- ~.e ~• -«.,.__, -----------Attor ney for the Comm onwe alth.
VIRG INIA :-__ C_ity___________ of _Haxr.i.sonbur
g_ ___ ______ , To-w it:
This day
_J.a.s_ .. _JI .. _.lioic.e ______
perso nally appea red befor e mel'..aJili.n_~_M_LtJ!Q,JW
.S
_.No.tar¥--EubJ.1-C-- for the ____ gJ._~~----- u f --~~!
'!_~~_9_{!~~!)~------, Virgi nia, and made
~ - - - -c:c:O!IJ.PJa.lnt and info!_mation 9n oath jhat i_.__l.
,_.__JU1IJ._g1:2j;_~in____________ ...,______ ___________ _
w1thm~twe v mornm ritlr o t 1s
o-.w on e ____ _ __ ay O ___ - ----- ----,
·,
in the _L_.c_oun.ty_______ of ~-~~~l~_g_ham ____
•
arden t ·
still, still cap, worm , tui ferme nter, and other
nd mash and other bstan ces capa!ble of bein sed
in the man-
ent spirit s;
~lai wfu lly posse ss arden t spirit s.
Sworn to this ___ l_~~h~ day of _JJ:Ule________
.
- a -·
----- -~
19153_.
-;i;;_
'
----- --- ~
--
1}_
0 .
�Commonwealth of Virginia ) T
.
City olC~ffllyXof
•t·
)
_Harrisonbur_g_ _______ _ . O·Wl •
In the __Cix.c:µ:Lt _____ Court of the
9-~~P:~1 __
,-
of -----~_9-~!_r_i_I!gh~----·
BE IT REMEMBERED That __ p_._W_..E~:rma:n_____ , Attorney for the Commonw.ealth for
the said ____ C..o.un..ty-___ _ of Rockingham. __ , and who for the said Commonwealt h prosecutes
I
in this !behalf, in his proper perEon comes into the said Court on this the ,.l..9th. ____ day of...I.un.e
----------- - , in the year 19233, and upon the c omplaint in writing, verified by t h e oath of ___ _
pete
1•
I
:1•::r:
I
I
t:,:j
lJj
,:o....
'<
IQ
: (l)
I
I
J
~
0
- ~,.
g
..,
(t)
p:;'
"""
'-0
NI
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
a=,....
~
..,0
~
§:
....o·
~
=
"'O
a=-
§:
:::
0
=
~
~
~
~ - -~
~
t<j
~
t<j
~
0
~
0
~
..."'<"'
...=...
~
=
�CHIEF JUSTICE,
PRESTON W. CA M PBE LL
JUSTICES ,
H ENR Y W. H O LT
LO U IS S . EPE S
EDWAR D W. HU D GIN S
HERBERT B . GR E GO RY
G EO R GE L. BRO WN I N G
J OS EPH W. CH INN
SUPR EME COUR T OF APPE ALS
H . H . WAYT,
OF VIRGI NIA
C LER K
STAUN TON
Novem ber 1 , 1933 .
Thi s is to certif y that upon the petit i on of E .
Kling stein,
one of the Justic es of the Suprem e Court of Appea ls ofL. Virgin
ia ,
has allowe d a writ of error and supers edea s to a judgm ent of th
Circu it Court of Rockin gham County pronou nc ed on the 17th ., day e of
July , 1933 , in the cause then t herein pendin g of Commo nwealth of
Virgin ia v . E . L. Kling stein , provid ed the petiti oner , or some
one for him , sha l l enter into bond in the said Clerk ' s Office ,
with good secur ity in the penalt y of Six Hundr ed Dolla
r s ( $ 600 . 00 ) ,
condit ioned as the law direc ts .
Teste ,
To the Clerk of the Circu it Court of Rockin gham County .
��.-
VIRGINIA:
f/n
CCtt:y
Ike
o/ f?/2,,cl,,mond
on
1N e dne s d ay.,tk 14th
E . L . Kl i ng stein,
day,
o/ March ,
1934 .
Plaint if f i n e rror
a g ain st
Commonw ealt h of Vi rg inia ,
Defenda nt in error .
Upon a wr i t of error and s u pe rs e deas to a j udg men t ren d ered b y the Ci r c uit Cour t o f Rock ingham
c oun t y on t h e 17th day o f J u l y , 1 93 3 .
This day carn.e as we ll the p la int i ff i n e r ror , by co unse l , a s t h e
At torney Ge ne r al on b e h alf of t h e Commonwe alth , a nd th e cour t h aving maturel
c ons ide r ed the t r anscript of t h e r e c or d o f t h e judgment afore sa i d a nd t h e
mot ion of the p laint i f f
i n err or
t o d is mi ss t h e pro secu t ion a g a i nst h i m, a nd
being of op i n ion t h a t t h ere s h ould b e n o convint ion in t h i s case , it is t he re fore ad judged a n d or d ered that t b e s a i d judgm e n t b e re ve rsed a n d a nnu l le d ,
t h e v e rdi ct of t he jury set a s i d e , a nd t h e cas e i s r ema nde d to the s a i d
circu i t
court with direc t ion
to d is miss t h e p rose c ution .
~hi ch i s ord ere d to b e f orth wi t h c e rti f i e d t o t h e said c i rc uit court.
A co p y ,
T este :
Cler k
{_
/
��To Honorable D.
Commonweal t h ' s
w.
Earman ,
ttorney for Rockingham County , s t at e of
Vi r ginia .
T E r OTICE :
That on the
day of July , 1933 , the
under signed will apply to t he Clerk of the Circuit Court
of Rock ingham Count y f or a transc r i p t of t he record in
t he case of Commonwealth v s . E. L. Uingstein f or t he
purp ose of su bmitting sa i d transcript to t he Supreme Court
of Appeals
with a petiti on for a wr it
of error
Court ren dered in sai d case
-
on the 17 th day of July , 1933 .
Dat e d t hi s ,2..1,/ day of
uly , 1933 .
�.,
�This is to certi fy t hat t he Attorney for t he
Commonwealth has had reasonable notice of t h e ti me and
place of the presentati on and signing of t h e
6 -
Certifica tes of Exc eption in this c ase as r equired by law .
Gi ven under my hand and s eal t h is ;1 b/J-r. day o f
July , 1933-.
��To the Honorable H.
w.
Bertram ,
Judge of the Circuit Court of Rocki ngham County , Virgi nia
. ,.~
i s to c er tify that I have had r easonab l e
noti c e; -f t h;~ ii.me and place t hat t h e Certifi c a t es of
Exception in t he case of .Commonwealth vs . E. L. Klingstein
shall be tendered and presented to you for your signature .
Given under my hand this
i2,6 day of July , 1933 .
��In the Name of the Commonwe alth of Virginia:
To the Sheriff of Rockingham County, Greeting:
You are hereby commanded to summon .... ... ... .... ... .. ........ .... .... .......... ..... .............
: : :::::: : :::::: : : ::::::::: :: : : ~ ~
to appear before the Judge of the C!.:J1t Court of
at 9 :30 o'clock., a. m., on the/J ~ ... . ...
to
t'.,ti:y•nd th, fruth to ,-:J. b!J,.of th,
who stands charge~
'.o~~i7a7: County, at the Court House thereof,
~·
19 ...~ .,-ff}-
~
:: :.
indicted for a ~misde-mea·ftor.
And this.... ..... .. ... ......... . .... .. . .. shall not omit under penalty of £100.
there this Writ.
,~.<.
And haw then and
Witness, J. ROBERT SWITZER, Clerk of our s~~urt, at the Court House, the ..
day of .. ...
19 .&., and in the 15 .~
ear of the Commonweal!h .
THE SE N.VICE PRESS, HARRISONBURG, VA,
/ £.~
~.... ,Clerk
.. . .... ... .. . ....
No. 457
��In the Name of the Commonwealth of Virginia:
You are hereby commanded to
;~J t,he Y!:Jtiff, of R°<ikingham C
eeting:
summon ........ Q.~
. ;>f.f..-...~....& .... .-······· .... ~
~ /2 :e lf~; ' 2 7 ~ ~
~~ ·a .; (..~:: . . . ._···.·. . ...· · : ·:·:·:··:·:·::·: :.:::::: ·:
(1.;f ';;(~
-1
Court House thereof,
19
.ff~
who stands chargedJ :
ithI i d- indicted
·
for a f ~ misde.nieanor-.
And this .... .. .. . .
.
... ....... .. .shall not omit under penalty of £ 100.
And have then and
~
there this Writ.
~~% ~ WIT ~ , Clerk of our said C urt, at the Court House, the
d,y of
=;;r ,. t--:[,,.J
THE SERVI CE PRESS , HARRISONB URG, VA,
/ 'f1:_........
m th,"~ ~ . CIMk
No. 457
,
��SUPREME COURT OF APPEALS
RICH MONO , VIRGINI A
Clerk , Circuit Cour t of Rock ingham County
Harrisonbu r g , Virg inia
�-- -.._
___
�CERT IFI CATE NO. 1.
The f ollowing evidence on behalf of the Commomealth and on beha f
of the defendant, respectively, as hereinafter denoted, 1s all o
the evidence introduced on the trial of this case:-
IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY, YIRGiliIA:
COMMONWEALTH OF VIRGINIA
v.
E. L. KLINGSTEIN
Before Honorable H.
w.
Bertram and a jury.
July ~7th, 1933.
Appearances:-
For the Connnonwealth: D. Wampler Earman, Esq.,
For the Defendant:
-
,
E. D. Ott, Esq.,
s. D. Timberlake, Jr., Esq.
�1.
�CERT IFICATE NO . 2 .
After the evidenc e of the Commonwealth was conclud ed,
t he d efendan t moved the Court to strike out said eviden ce upon
the f ollowin g ground s:
{l)
Becaus e it appear s that the bevera ge which the de
fendan t is charged with having in his posses sion does not contai
more than 3.Z per cent. alcoho l by weight , and a bevera ge which
contain s not more than such percen tage of alcoho l has been declared by Congre ss in the exerci se of its paramo unt author ity to
be non-in toxicat ing, and it is not compet ent, trerefo re, for the
State of Vir ~inia to d eclare such beverag e to be intoxic ating;
(2)
Becaus e the inclusi on of a beverag e such as was
found in the posses sion of the defend ant in this case, within the
defini tion of "arden t spir its" contain ed i n the prohib ition law
of this State, commo nif, known as "The Layman Act" and under whic
the inform ation 1n this case is filed, was improp er and illega l
sinc e the Congre ss has define d a beverag e of suc h charac ter and
alcoho lic conten t as non-in toxicat ing and no non-int oxicat ing
liquor can be proper ly classi fied and defined as ardent spirits ;
(3)
Becaus e the defend ant, as a citizen of the United
States , was lawful l y in pmsses sion of the liquor describ ed in th
inform ation in this case, and shown by the eviden ce to have been
rourd in his posses sion and, therefo re, cannot be punishe d for
having such bevera ge in his posses sion.
��{4)
Because trhe prohibition law, commonly known as
"The La-yman Act,• under which the information in this case was
filed is unconstitutio nal in that it contravenes the provisions
of the Constitution of the Unibed States an:i particularly Articl
6, the Fourteenth Amendment and the Eighteenth Amendment;
(5)
Because the prohibision law of tl:e State of Yir-
ginia, commonly called "The Layman Act" under which the inf'oraa-
tion in this case was filed, is unconstitutio nal end void, because it contravenes the provisions of the Constitution of the
state of Virginia in that the Act is broader than its title, a rrl
in that the fines prescribed by said Act are diverted from the
purpose to which the Constititon of the State of Virginia re quires them to be applied.
{6)
Because the evidence in this case fails to show
that the beverage found in the possess ion of tl:e defendant was
not legally acquired by him".
The Court denied this motion and the Defendant, there
upon, excepted.
��CERTI FICATE NO. 3o
At t:00 conclusion of all of the evidence 1n the case,
the defendant again moved the Court to strike out the evidence
of the Commonwealth upon the identical ground s stated in
connection with the motion to strike out the Commonwealth 's Evidence made when the Commonwealth rested its case, but the Court
overruled said motion aid the defendant thereupon excepted.
��CERTIFIC TE NO . 4
Duri n
the d.irect e,x amination of the defendant, t he following
question was asked him :
Foll owing the 9onver s a tion whi ch you had with the attorney t J
whom you have referred , did you discuss the question ofyou r desire to
have the beer with any other officials of the t own?
The Commonwealth ' s Attorney thereupon objected to any answer to
said question and the Court sustained the mbj ection and refus ed to
permit the witnes s to answer , t o which a ction of the Cour t t he defendant excepted upon the
rounds that the evidence is competent as s how-
in g or tending to show t he defend.ant ' s good f a ith and as to whethe r or
not his violation of t he law , if any was made , was intentional or inadvertent .
If the witness had been permitted to answer , he would have testified as follows :
TT
•
Yes , sir , with four members of the council .
Ye s , sir , I
t alked to four members of the counoil and. to ld them as the United States
had le galiz ed 3 . 2 beer t hat I did n ot see why the council d i d not ge t
together and L."e t some revenue out of it for t he Cit y.
We were discuss -
ing finances and automobile licenses and I told then I thought it w uld
be perfectly legal; that they could obtain this revenue by lic ensing
beer in Harrisonburg because t he United States had pas sed t he bill .
Q.
•
•
Who were the members of the eouncil?
[r .
Slater , Mr . Conrad, ]/Ir . Thomas and :Mr . Masters •
Do you know whether a:n.y of these members , f ollo wi ng t his
conversation , did take the ma tter up with the city attorney?
•
Yes , sir ,
[r .
Thomas wrot e the city attorney a let t er and a sk-
ed his opinion in regar d to the licensing of beer in Harrisonburg and
Mr . Thomas told me th e city att orney said that they would ha ve to talce
the matter up in c-ounc il meeting and the Mayor was not in fa vor of t aking the ma t ter up .
��Q/
Did all of this take place before you got the b er
from Mr. Soper?
A.
Yes, sir, You mean my conversation w 1th the cou c1J
l.
Yes, sir, before or after?
A.
A.ft er .
Q.
You g ot the beer .following your advi ce .from the
attorney to whom you have referred?
A.
Yes, sir.
�r
�- - - - -- - - - - - - - - - - - -- - - - - -- - - - - -
.
GERTIFIC .TE NO. 5 .
The following instructions , given at the re quest of the Commonwealth and the defendant , respectivel y , a s rereina fter denoted , a. re
all of t .he instructions gr anted on the tri al of the a: a se :-
I NSTRUCTION NO . 1 .
The jury are instruc t ed that if they believe from the evidence
i n this c a se tha t t he li qu i d c ommonly known a s b eer , c onsi s t ing of
34 bottles found in the kitchen in the restaurant of E . L . IO.ings te in , a n d 240 bottles found in the base ment u n der the :Ba rg ain Place
occ.upied by him , or in either place , e:ontained more than one-half
of on e per centu.m of al c ohol by volume , and that s a id be er was in
the po s session of said E . L. Klingstein , then you will find him
guilty.
The above instructi on given on behalf of the
Commonwealth was objected to by the defendant for t r, e re a sons
and upon the grounds given and. assigned in connection with the
moti on to strike out the evidence of the Commonwealt h and i ts
gi v ing was exce pted to by the defendant .
The foll owing ins t ruct ion was g-1 ven on behalf of
t he defendant.
INSTRUCTION NO .
Tf',A !T.
Th e C'ourt instructs the jury that even though they
ma y believe from the e v idence that the defendant had in his
po s session the be e r mentioned in the information filed in this
case and that said beer eontained more than one - ha lf of one per
c ent of alc ohol , yet if they furth er believe from the evidence
that the defendant did not intend to vi~l a te any of t he
provisions of the prohibiti on law , but that trere was an
��uninte nti onal or inadve rtent viol ation thereo f , then the
jury is instruc ted that they may, in their discre tion ,
omit the jail sentenc e, a nd punish the defend. ant simply
by assess ing a fine agains t him within the limits fixed
by statute .
Judge.
/
��Hilliard Boice - Direct
2
HILLIARD BOICE, a witness for the Connnonwe alth, being
first duly sworn, testified as follows: DIRECT EXAMINATION
By Mr. Earman:-
Q.
You are J. H. Boice, Chief of Police of the City
of Harrisonbu rg?
1933 - -
A.
Yes, s 1r.
Q.
State whether or not you searc
IM:::.,
on June 17th,
~ 1 0 c,C'>,C: 44.!Cp:R1 .w>dr C:ope,:,
of a search
warran~ s~aENl the restauran t of E. L. Kl i ngstein situated on
the east side of South Main Street in this City?
A.
Yes, sir.
Q.
Q.
State what, if anything, you fourrl when you made
that search in the way of ardent spirits?
A.
We found ten bottles
or beer
in the ice box and
there were twenty~fo ur bottles sitting right beside it and we
found ten cases in an adjoining room under the "Bargain Place".
Q.
Did the defendant state to you whose beer it was
A.
He was not there at the time.
Q.
Did he, later?
A.
Yes, sir, he called up about nine-thir ty that
Q.
What did he say?
A.
Said the beer was his and for us not to destroy
evening.
it.
�r ..
�Hilliard Boice - Direct
How did you gain entrance to the basement under
Q.
the "Bargain Stare" building?
We had a search warrant for it and we went in th
A.
back way and the ware room was locked and we took off tm hinges
and opened the door that way.
Q.
After this beer had been found -- was any one
A.
Mr. Fawley and Mr. Lawson were with me.
Q.
What did you do with the beer?
A.
Loaded it in a police car an:i took it to the jai
Q.
Where was it put in the jail?
with you?
A.
)
In a cell on the lower fioor.
Q.
Who was with you when it wasput in there?
A.
Mr. Early, Mr. Leake; the Sheriff was there and
Mr. Morrison.
Q.
Has any of that beer been removed, do you know?
A.
Two bottles were taken out to ttte State Chemist
at the State Teachers' qollege?
a.
Were you present when it was ranoved?
A.
No, sir, I sent Mr. Early to get it.
MR. TIMBERLAKE:
No cross examination.
WITNESS LEAVES THE STAND.
-o-
c.
R. FAWLEY, another witness for the Commonwealth, be-
ing first duly sworn, testified as follows:DIBECT EXAMINATION
By Mr. Earman:
Q.
You and Mr. Boice made this search of E. L.
3
��c.
R. Fawley - Direct
Klingstei n's Restauran t on June 17th?
A.
Yes, sir.
Q.
What dispositio n was made of the beer - - 1s it
true tlmt tm beer was found as Mr. Boice stated?
A.
Yes, sir.
Q.
What dispositio n was made of the beer?
A.
Moved it to the jail and locked it up in one of
the old death cells.
Q.
Who kept the key?
A.
I did.
Q.
Did you deliver to W.
c.
Early a few days ago two
bottles of that beer?
A.
Yes, sir.
Q.
I hand you two empty bottles labeled "Yuengling • s
Winner Beer" and will ask you
- - - -
MR. TIMBERLAKE:
In order to save time and preve
the unnecessa ry taking of evidence, it 1s stipulated that the two
bottles of beer which were analyzed were two bottles taken .from t
beer .foum in the possessio n
or
the defendant , one of said bottles
having been taken from um.er the adjoining building and the other
taken from the beer found in the restauran t.
By Mr. Earman: -
Q.
You delivered the bottles to Mr. Early?
A.
Yes, sir.
MR. TIMB:ERLAKE:
No cross examinati on.
WITNESS LEAVES THE STAND.
�-:
�Dr.H.
o.
Pickett - Direct
5
DR. H. G. PICKETT, another witness for the Commonwe alt
being first duly sworn, testified as follows:-
DIRECT EXAMINATION
By Mr. Earman:-
Q.
This is Dr. H. G. Pickett?
A.
Yes, sir.
Q.
What is your business?
A
Chemist at the State Teachers' College.
•
Q.
What training and experiem e have you had in
A.
Two degrees.
Q.
Did you ana.lyze two specimens of beer deliTered
chemistry?
to you by W. C. Early a few days ago?
When were they delivered
to you?
A.
About three o'clock on Thursday, July 13th.
Q.
What analysis of them did you make? .
A.
Quantitat ive determina tion of the ethyl alcohol
Q.
What did they show?
A.
Both bottles analyzed the same, 2.72- by we~ht
content.
correspon ding to 3.4% by volume.
Q.
Both bottles r•n the same?
A.
Exactly.
Q.
Did you make a very careful analysis of the bee ?
A.
With the - according to the official methods of
agribultu ral chemistry /
MR. TIMBERLAKE:
No cross examinatio n
WITNESS LEAVES THE ST.AND.
�,.
�c.
R. Fawley - Re-Called
E. L. Klingstein - Direct
C. R. FAWLEY, recalled:
By Mr. Earman:-
Q.
Mr. Fawley, the defendant's place of business is
in the City of Harrisonburg, Rockingham County, V1r ginia?
A.
Yes, sir.
WITNE S S LEA VES THE STAND.
AT THIS POINT THE COMMONWEALTH RESTED IN CHIEF.
~ % . ~fn~%MUXX~
lhlD
XU:U5~ KDI%:1Xp:J!%fx:tJl10ro
:tknh li:n.x»:&icflXilbm:•x -
MR. TIMBERLAKE:
We desire to submit a motion t.o the Court:-
NOTE:
The following emo.t:Lone was heard out of the
presence of the jury:
MR. TIMBERLAKE:
we move the Court to strike out the evidence on
behal.f of the Commonvealth in this case upon the .following ground :
( 1)
Because it appears that the beverage which the defendant 1 s
charge d w 1th having in his possession d oes not contain more than
3.2 per cent alcohol by weight, am a beverage which contains not
more than such percentage of alcohol has been declared by Congres ,
in the exercise of its paramount authority, to b e non-intoxicati
and it is not competent, trerefore, .for the State of Virginia to
dec~are such beverage to be intoxicating;
(2)
Because the inclusion of a beverage such as was found in tm
possession of the defendant in this case, within the definition o
"ardent spiritstt contained in the p roh1b1tion law of this State,
commonly known as "The Layman Act" and urner which the informatio
in this case was filed, is improper and illegal sine e the Cong.res
,
��7
E. L. Klingst ein - Direct
has defined a beverage of such charact er and alcohol ic content as
non-into xicating , and no non-into xicating liquor can be properly
classifi ed and defined as ardent spirits;
(3)
Because the defenda nt, as a citizen of tm United ~tates, wa
lawfully in possessi on of the liquor describe d 1n the informa tion
in this case, and s hown by the evidence t o have been found in his
possessi on and, trerefor e, cannot be punished for having such
beverage in his possess ion.
(4)
Because the prohibi tion law, commonly known as nThe Layman
Act", u m. e r which the informa tion in this case wa s filed is unconstitu tional in that it contrave nes the prov lsions of the
Constitu tion of the United states and particu larly Article 5, the
Fourteen th Amendment and the Eightee nth Amendme nt;
(5)
Because the prohibi tion law or the State of Virginia , connnon
ly known as "The Layman Act", under which the informa tion in this
case was filed, is unconst itutiona l and void, because it contravenes the provisio ns of the Constitu tion of the State of Virginia
in th.at the Act is broader tha n i t s title, and in that the fines
prescrib ed by said Act are diverted from the purpose to which the
Constitu tion of the State of Virginia requires them to be applied
(6)
Because the evidence in this case fa i ls to shcm that the bev r-
age found in the possessi on of the defenda nt was not legally acquired by him.
I don't care to go into any exter:ded argumen t.
It is
fundame ntal and element ary that when Congress has the right to do
a thing, it is binding upon all states and the states must act
only within the congres sional legislat ion that has been applied
��e
E. L. Klingstein - D:irect
and we submit, therefore , that the State of Virginia has no right
to prescribe a penalty for the possessio n of a liquid - beer which the Congress of the United States in the exercise of the
authority conferred upon it by the Eighteent h .Amendment has now
said is non-intox icating and also which a citizen of the United
States can legally have in his possessio n.
It is no more compete t
for the State of Virginia to say that a liquid containing one-hal
of one per cent. is intoxicati ng than it would be that one contai ing four per cent. is not intozicati ng.
Does the State of Virgin a
undertake to say that a liquid - - if it should say that a liquid
containing four per cent. is not intoxicat i~, it would be met
at once by the fact that the limit is 3.2 per cent and so, for th
same reason, if the State of Virginia undertake s to class as arde t
spirits that which the Congress, in the exertise of its paramount
authority has said is non-intox icating, then the State must give
way to it :bmnediatel y.
A matter that is now un:ler considera tion
is that the Layman Act makes certain provision s for the application of fines which were directed to be turned over to the Liters y
Fund which has not been done and the state cannot legally levy a
fine dedicated to a certain purpose in this ease against this derendant charged with the violation of it inasmuch as a dedieatio n
of that fine is, ,mquestio nably, unconstit utional ;in that Act
it must do certain things which have not been done and this dedication •s likewise unconstit utional, null and void.
THE COURT:
The motion will be overruled .
MR. TIMBERLAKE: Note our exception .
��E. L. Klingstein - Direct
NOTE:
The fo l lowing evidence was t aken in the presence
or the jury.
The defendant , to maintain the issue on his pa rt , introduced the followin f" evidence: -
E. L. KLINGSTEIN, the defendant, called in his own beha f,
being first duly sworn, testified as fo llows:'.'"
DIRECT EXAMINATION
By Mr. Timberlake:-
Q.
This is Captain E. L. Klingstein?
A.
Yes, sir.
Q.
You are the defendant in this case?
A.
Yes, sir.
Q.
Where
A.
Harrisonburg .
Q.
How
A.
~or the past twelve years.
do
you live?
long have you lived here?
I was born here and
lived here for about ten years and then left.
Q.
What is your business?
A.
Restaurant.
Q.
You conduct the restaurant known as "Friddle's"?
A.
Yes,
Q.
Do
s 1r.
you have a license to sell soft drinks under
the laws of thi s sta t e?
A.
Yes,
Q.
Entitled to keep, store and sell soft drinks?
A.
Yes, sir.
Q.
I mean non-intoxica ting drinks?
A.
Yes, sir.
Q.
You we r e in the army?
A.
I served in France eighteen months.
s 1r.
��E. L. Klingstein - Direct
Q.
10
Get promoted overseas?
A.
Yes, sir.
Q.
What command?
A.
Eighty-ninth Division.
Q.
Wounded in service?
A.
Yes, sir.
Q.
Receive any citations for gallantry?
MR. EJtRMAN :
Object to that •
THE COURT:
Objection sustained.
MR. TIMBERLAKE:
We except upon the grounds that
the jury 1s ent1 tled to know the defendant and know bis oc cupat io
and enviromnent and other facts ae connected with his life; and
upon the further ground that the matter which is sought to be inquired into in connection with his service record is particularly
important upon the question of his good faith and intention in
having in his possession the beer mentioned in the information.
By Mr. Timberlake:
Q.
Do you hold any official position with the World
War veterans?
A.
I am State service Off"icer in this section
Q.
Do you hold any position with the Alrerican Legio
A.
Department Sergeant-at-Arms, Grand Chef de Guerr
Forty-and-Eight; Past Commander of the Veterans of Foreign Wars
and Past Commander, American Legion, Sta t e of Virginia.
Q.
It has been testified here that this beer was
found in your possession.
A.
Yes, sir.
Is that correct?
?
�•
,.
�E. L. Kling ~tein - Direc t
Q.
1
Please tell the Court and jury how you happen ed
to have that beer?
A.
We happe ned to have it becaus e a man came throu
here two or three month s ago and asked if we wanted any beer
I told him I did not believ e I wante d any at that time.
am
think at that time that I could use it and then I talked to aver
promi nent attorn ey here and he told me that, in his opinio n, it
was legali zed to have it in your posse ssion at any point in the
Unite d States and the law was passed by Congr ess and having been
in the servic e, I thoug ht that the laws of the Unite d States were
suprem e, and believ ing them and knowin g that it was going on in
differ ent parts of the count ry and lookin g at the newsp apers and
seeing the pictur es of unload ing beer and having beer. I then
immed iately looked into the matte r a:m.d saw that it was being had
at differ ent places in the valley and all over the state and then
this man asked me if I knew of any one who would handle it and
I told him I thoug ht I would take some and he left fifty cases
over in the basem ent next door which was next door to me - to my
place of busin ess and which I don't own and don't rent and don•t
have anyth ing to do with and then variou s people came am got so
of it and I got mine in there and when he came beck in a week or
ten days - he does quite a busin ess throug h the state am he woul
collec t for it.
The thirty -four or thirty seven bottle s in my
ice box was Englis h beer am some of it was near beer and the
other beer was my own. This man does busin ess in Penns ylvani a
and runs a truck throug h here sellin g beer.
I was advise d by th1
fttorn ey that in his opinio n it was perfe ctly legal to sell it or
to have it in my posse ssion.
��E. L. K11ngste1n - Direct
Q.
12
State to the jury, whether or not you had the
talk with this attorney before you got the beer?
A.
and he
Yes, sir, bef'ore I got the beer I talked to him
old me that 1n his opinion it was legal; that he had the
dupe that he thought it was all right to sell the beer and have
it in my possession.
Q.
A.
Q.
What was the man• s name that you speak ot?
Soper.
As I understand you, the man by the name of Sope
from Penns ylvania was trucking beer in here?
A.
Yes, sir.
Q.
Making deliveries of beer here?
A.
Yes, sir .
Q.
He stored this beer in thebasement of the build-
ing adjoining. ·
A.
Yes, sir.
Q.
Upon the understanding that any
or
his customers
could come there and get it and he made settlement when he came
back the next time?
A.
Yes, sir.
Q.
The beer that was found in your ice box was some
that you had gotten from that basement?
A.
Yes, sir.
Q.
Did you own the other beer in the basement?
A.
No, sir.
��E. L. Kling stein - Direc t
Q.
Follo wing the conv ersat ion which you had with
the attor ney to whom you refer red, did vc,u discu ss the quest
ion
of your desir e to have the beer with any other offic ials of
the
town?
A.
Yes, sir, with four members of the couns el.
MR. EARMAN:
I objec t to that, if your Hono r pleas e.
THE COURT:
Objec tion susta ined.
At this point , couns el and the witne ss retir ed
to the Judge • s chamb er in order that this evide me may be put
in
NOTE:
on the above quest ion befor e the Cour t.
IN CHAMBERS
A.
Yes, sir, I talke d to four members of the council and told them that as the Unite d State s had legal ized 3.2
beer that I did not see why the coun cil did no.t get toget her
and
get some reven ue out of it for the City. We were discu ssing
finan ces and autom obile licen ses and I told thEll1 I thoug ht it
would be perfe ctly legal ; that they could obtai n this reven ue
by
licen sing beer in Harri sonbu rg becau se the Unite d State s had
passe d the bill.
Q.
Who were the members of the coun cil?
A.
Mr. Slate r, Mr. Conra d, Mr. Thomas and Mr•
Mast ers.
Q.
Do you know wheth er any of these memb ers, follo ing this conv ersat ion, did take the matte r up with the city
attorn ey?
A.
Yes, sir, Mr. Thomas wrote tm city attor ney a
lette r and asked his opini on in regar d to the licen sing of beer
in Harri sonbu rg and Mr. Thomas told me the city attor ney said
13
��E. L. Klingstein - Direct
14
that they would have to take the matter up in council meeting and
the Mayor was not in favor of taking the matter up.
Q.
Did all of this take place before you got tb3 be r
from Mr. Soper?
You mean my conversation with the
A.
Yes, sir.
Q.
Yes, sir, before or after?
A.
Atter.
Q.
You got the beer following your advice from the
council ?
attorney to whom you have referred?
A.
Yes, sir.
MR. TIMBERLAKE:
We submit that is competent on the
question of good faith.
THE COURT:
The objection is still sustained.
MR. TIMBERLAKE:
We except to the ~etion of the Court i
excluding this evidence for the reason that the evidence is compe
tent as showing or tending to show the defendant's good faith arrl
as to whether or not his violation of the la*, if any was made,
was intentional or inadvertent.
NOTE:
The following evidence was taken in the presence
of the jury.
Q.
As a result of the advice that you had received,
did you honestly entertain the belief that you had a right to
have in your possession this beer?
A.
Yes, sir.
I believed that the law of the land
was supreme in everything, that the United States laws were tb3
supreme laws of the land.
��E. L. Klingstein - Cr.oss t.
Re-Direct
16
CROSS EXAMINATION
By Mr. Earman:Q.
Who was the attorney?
A.
Mr. John T. Harris.
Q.
You say that was before you had possession of
any of the beer that was found on June 17th
A.
I had several conversation s with Mr. Harris, a
couple before and four or five or ten after that time
RE-DIBECT EXAMINATION
By Mr. Timberlake:
Q.
Did you apply to the Attorney for the Commonweal h
who is prosecuting this case as to - did you talk to him about
the advice you had gotten?
A.
I asked him what he thought a bout the matter and
he said he didn't know.
Q.
You did tell him about the advice you received?
A.
Yes, sir.
WITNESS LEAVES THE STAND.
DEFENDANT RESTED IN CHIEF.
MR. TIMBERLAKE:
The defendant at the end of tm testimony renews
the motion to strike out the evidence in this case upon the same
grounds as those stated in connection with the motion made at
the conclusion of the Commonwealth• s evidence.
THE COURT:
Which motion the Court overrules.
MR. TIMBERLAKE
Exception.
TESTE:
This _zt, day of
~
{/
1933.
0/;1»f1
-~
-.~
JUDGE.
��-,
I NSTRUCTION NO.
•
The Cou rt inst ructs t he jury tha t even
thoug h t hey
y- be i eve from the evide nce t hat
t he
defen d.ant had i n his posse ssion t he beer menti oned.
in the infor matio n filed in this car-se and t h t said
beer conta ine d mor e than one - h al f of one per cent of
alco hol , yet if t h e y furth er belie ve from the evide nce
th a t t h e defen da nt did not inten d to viola te a:ny of
the provi sions of t h e proh ibitio n law, but th at there
was an unint entio nal or inadv erten t viol a tion t h ereof ,
t hen the jury i i instr ucted t h at they may , in their
discr etion , omit t h e jail sente nce , and punis h the
defen d.ant simpl y by asses sing a fi ne agt:. i n st hi m wit hi n
the limit s fixed by statu t e e
'
1
�'
�I NSTRUCTION NO. /
--The jury are instruc ted that i f they bel i eve from t he evi dence in t his cas e t ha t the liquid common ly known as beer, cons isting
of 34 b ottles
found i n the kitchen in the restau ran t of E. L. Kling-
stein, and 240 bottle s found in the baseme nt under the Bargain Store,
occup ied by him, or i n either pla c e, contain ed more than one-ha lf of
one ) er centum of alcoho l by volume , an d that said beer was in the
po s session of sa id • L. lingste in, then you will find him guilty .
���/;
II
I
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County Prohibition Records: Criminal Cases
Description
An account of the resource
The first series of the Prohibition Records collection consists of all criminal case records associated with cases brought to the <strong>Rockingham County Circuit Court</strong> from 1916-1964. Not every individual was indicted for a criminal offense and many were simply judged as misdemeanors. The cases have been separated and arranged by the last name of the defendant. <br /><br />For more information on the Prohibition collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Subject
The topic of the resource
Prohibition--History
Prohibition--Government policy--United States
Prohibition--Virginia--History
Rockingham County (Va.)--History
Rockingham County (Va.)--Genealogy
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1916-1933
Identifier
An unambiguous reference to the resource within a given context
Pro001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/7">Prohibition Records: Liquor Inventory</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/6">Prohibition Records: Affidavits for Ardent Spirits </a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4524"> Prohibition Records Finding Aid </a>
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. E.L. Klingstein
Description
An account of the resource
Misdemeanor possession of 277, 12-ounce bottles of beer (ardent spirits), said beer containing 3.2 alcohol by weight.
Subject
The topic of the resource
Misdemeanor
Guilty
Possession of Ardent Spirits
Supreme Court of Appeals of Virginia
Contributor
An entity responsible for making contributions to the resource
Craig Schaefer, Kayla Heslin, Selena St. Andre
Date
A point or period of time associated with an event in the lifecycle of the resource
1933
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. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Identifier
An unambiguous reference to the resource within a given context
RcPr-box10-032
Format
The file format, physical medium, or dimensions of the resource
PDF
Source
A related resource from which the described resource is derived
Rockingham County Circuit Court
Publisher
An entity responsible for making the resource available
JMU Libraries
Klingstein