Shenandoah Valley Pioneers and Their Descendants: A History of Frederick County, Virginia., Part 22

Author: Cartmell, T. K. (Thomas Kemp), 1838-1920
Publication date: 1909
Publisher: [Winchester, Va.] : [Printed by the Eddy Press Corp.]
Number of Pages: 607

USA > Virginia > Frederick County > Frederick County > Shenandoah Valley Pioneers and Their Descendants: A History of Frederick County, Virginia. > Part 22

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William L. Clark was appointed by the Gov- ernor to fill out Judge Sherrard's unexpired term. His first appearance on the bench was De- cember 31, 1883. His term, which terminated December 14, 1891, was noted for the number of criminal trials. For six years the criminal docket was never cleared of. trials for every kind of felony; it being frequently remarked that an epidemic of crime had fastened its fangs upon the hitherto peaceful section. But the stern and energetic efforts of this Judge, aided by his faithful officials, and especially by the skill and ability of the youthful attorney for the Common- wealth, Richard E. Byrd, who unceasingly bent every effort to successfully ferret out the sus- pected violators of law, and ultimately brought men to the bar of court to give an account of the misdeeds with which they were charged. And there the accused and others learned that this young representative of the Commonwealth, shielded none by subterfuge and compromise; and thus the Docket eventually appeared in its normal state. Some of these trials will be briefly mentioned.

After disposing of such cases as arson, bur- glary, housebreaking, plundering country stores, and in several cases church property, two mur- der cases, one near Brucetown and one in north- west part of the County, the guilty parties paid the penalty by terms in the penitentiary. There was a lull in such activities for awhile; and of- ficers and court enjoyed the change. In the Autumn of 1886 the Commonwealth was in- formed of a crime that had been committed several miles East from Newtown. This was a mysterious case. The body of young Andrew Broy was found in the woods of Mr. S. Ridge- way; an investigation made, resulting in a cor- oner's inquest; and a verdict rendered that death was caused by pistol shots dealt by persons un- known to the jury. The case was submitted to Mr. Byrd, who soon had a chain of circumstan- tial evidence started, with but one or two links

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missing. The evidence pointed to Ashby Ride- nour as the slayer. He had been seen in com- pany with the murdered man on the morning of the day that young Broy had been seen alive. They had been close friends; and it was asked what motive induced the killing. Mr. Byrd dis- covered that Broy held the bond of the suspected Ridenour, and a search of the body failed to pro- duce this bond; but in the same woods, the bond was accidently found by the searching party. Mr. Byrd's theory was that the murderer had secured the bond, and in his flight from the body, had hidden it in a ravine and accidently lost it among the leaves. This was the motive relied on. The arrest of Ridenour was ordered, and a special grand jury ordered for January court. A number of witnesses were summoned, and Jany. 4, 1887, a true bill was returned by the grand jury, fixing the murder upon the ac- cused, signed by David B. Dinges, foreman. This was the first step towards the celebrated trials of T. Ashby Ridenour, running through the court for more than two years. The prisoner secured the services of the talented young criminal law- yer Wm. R. Alexander, who, from the start, made the most determined defence to save the prisoner's neck.

The two young rival lawyers, realizing at once that reputation was to be made in the case, measured up the work. Their skill in handling their respective sides of the case, was eagerly watched by their many friends. As the prelim- inary steps were taken for the trial, each side needed delays. The Commonwealth had to fill the missing links in its chain, while prisoner's counsel hoped such delays would allay excited prejudice. Finally, on the 4th of April, 1887, both parties announced to the Court they were ready for trial. 140 witnesses had been sum- moned; a jury was secured who were found free of prejudice, and the first trial opened. For seventeen days of strenuous effort on the part of the counsel, patience of the worn jury, and ac- tive services of the officers, and dignified rulings of the august court, the multitude of spectators heard the reading of the verdict by the clerk when the jury had taken their seats, after hav- ing spent the day in their room considering their verdict, at last, in the afternoon of April 21, 1887,-"We the jury find the prisoner guilty of murder of the first degree, C. E. Graves, fore- man." Mr. Alexander moved for a suspension of judgment and for new trial, and for an ap- peal. The whole Summer was used up by tak- ing the case to the Court of Appeals. A new trial was granted, which was started Jany. 2, 1888, with a jury from Shenandoah County, it being impossible to secure one from Frederick.

This trial continued for nineteen days, when the jury returned from their room on the evening of Jany. 21st, with the verdict: "We, the jury find the prisoner guilty of murder in the first degree. (Signed) E. NISEWANNER, Foreman."

Mr. Alexander felt his disappointment equally as much as the prisoner. Very few young or old lawyers would have made further effort. Not so with young Alexander. He promptly asked for a new trial, and for his bill of excep- tions to be examined and signed by the Judge preparatory to an appeal; and, the writer will add, this exceeded in the number of exceptions any bill he has ever handled in his long exper- ience. Officers, prisoner, members of the bar and spectators were dismayed at what seemed to be a futile attempt to save the prisoner from the gallows. In due course, however, the Clerk was called upon for a copy of the record. This seemed a burden too heavy to bear a third time. The record now amounted to about five hundred pages; and he had never received a cent for the other copies. At this juncture, Chas. B. Rouss sent his check to Mr. Alexander to aid him in the Appellate Court. The Clerk, however, failed to get his portion of the generosity of Mr. Rouss-all was required for other purposes. The case was handed down just in time to have the third trial Jany. Ist, 1889. This trial required seventeen days. A jury was summoned from Loudoun County, and resulted in this verdict, that surprised many people :

"We, the jury find the prisoner not guilty as charged in the indictment.

(Signed) CHAS. P. MCCABE, Foreman."

During these trials, of course, the lost bond was an important feature. This bond was sign- ed by T. A. Ridenour, and the other writing al- together in the hand of Broy. Experts were pro- duced by the Commonwealth to prove Ridenour's handwriting. The defence met this by experts to prove the contrary. The former stated posi- tively that the bond was signed by Ridenour, comparing his signature with other well-known writings of his; while the latter expressed grave doubts on the subject. Alexander used some sharp practice on the expert for the Common- wealth. He secured the services of an expert penman, and had him make a clever copy of the bond,-imitating the entire form of the writing; discolored the paper, and had it resemble the original in every point. The day he recalled the expert to cross-examine him as to one or two points in the handwriting, he asked the Clerk for the bond, which was handed him. He con- trived to make exchange, holding the original

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and handing the imitation to the Washington expert, who then had become very dignified and important. He had so fully and learnedly dis- sected the writing already, that he declined to answer questions; but the Court directed him to answer. Mr. Alexander asked him to examine the bond carefully and then say if he was posi- tive that the writing was in the hand of Broy and the "T. A. Ridenour" was that of the prison- er at bar. After a careful examination, his an- swer was "I say now what I said when examined touching this writing, that Broy wrote the note and T. A. Ridenour wrote the signature." Mr. Alexander then handed him the original and asked witness "Who wrote that note and the signature?" The Court demanded explanations from counsel, while the expert was covered with confusion. The Court censured the practice but declined to censure counsel. The incident pro-

duced its effect on the jury doubtless. But the jury, after the trial, told the clerk that one link in Mr. Byrd's chain had been broken by the de- fense; and this was the pivotal link. One wit- ness, Miss Mamie Birmingham, who never hesi- tated in the former trials to state she saw the two men pass her door and finally enter the woods together, and said she had no doubt as to who they were. On cross-examination in the last trial, Mr. Alexander plied her carefully with the question of absolute certainty. She began to waver; and when told she must say she had or had not a shadow of doubt, she admitted that she might have been mistaken. The case rested at this point; and the argument began, which became famous for many years. The two rivals received the plaudits of the crowd, while the prisoner wandered around in his freedom, be- wildered at the change.

CHAPTER XXV

The First Lynching in The County

Wm. M. Atkinson, a member of the Winches- ter Bar, was elected by the General Assembly to succeed Judge Wm. L. Clark. Judge Atkinson's first term was held Jany. 4, 1892. Nothing more than the ordinary business of courts occupied the attention of the new Judge for several terms. Several misdemeanors were tried by his Honor, which plainly indicated his ability to try graver offences when brought into his court. The June Term, 1893, was to bring the Judge's attention to one of those kind of cases that produce ex- citement with all classes: William Shorter, a young negro about 19 years old, had been ar- rested charged with an attempted rape upon a highly respected young white girl in the vicinity of Stephensons station. At this term the case went before a special grand jury, which resulted in indictment for the heinous offence. Upon his arraignment the same day, it was discovered that a mob was forming to take the law in their hands and save the Court this trouble. This was the 5th of June. The officers of the court after consultation with the Judge, advised that the prisoner should not remain in the jail while the usual crowds of people would be in town and next day observing the Sixth of June Me- morial, etc. The Judge ordered the Sheriff, Perry C. Gore, Esq., to take the prisoner to Staunton and confine him in that jail until a jury could be secured and preliminaries arranged for trial. Every precaution was used to secure the prisoner a fair trial, the day fixed for trial being June 13th. The jailor, Adam Forney, was sent the night before, so that he might have the prisoner in court the next morning by 10 o'clock. When that hour arrived, the court was in session, awaiting anxiously the appearance of the jailor and his prisoner. It was not long before wild rumors were in the air. The train had arrived in Winchester, and passed on schedule time. The writer and Judge were seated near each other at the Clerk's desk endeavoring to account for the non-appearance of the jailor. At this juncture several persons came to the desk and under great excitement stated: The prisoner had been taken from the train at Kernstown and lynched by a mob. This was a surprise; some fears had been entertained that some reckless persons might be at the station in Winchester

on the arrival of the train, and that an effort would be made to do the prisoner bodily harm, and the sheriff planned to have the train halt at Water Street and land the prisoner there, and then hurry him to the court room. The waiting judge and clerk would not have been surprised to hear that the sheriff met trouble on his way to the courthouse. As soon as pos- sible, Mr. Byrd and Mr. Gore were dispatched to Kernstown to investigate the situation. There was no telephone communication at that time with Kernstown, and the mob had cut the tele- graph lines. For nearly two hours the surging crowds around the courthouse exhibited intense excitement. The negroes were seen in groups sullenly discussing the case, which increased the intensity of feeling. The writer, at the request of the Judge and many citizens, approached the crowds of excited men and urged them to dis- perse so as to avoid a collision with the excited negroes. Passing on to Main Street, he recog- nized two men riding up and down the Street in the most defiant manner. He called them to the curb and urged them to leave the Streets and tell others to do the same, and pointed out the danger. They promptly disappeared; he then approached several groups of negroes that were favorably known to him, and told them plainly they must go to their homes and keep quiet, that this was the only thing that would prevent a wholesale massacre of many good negro citizens by the frenzied crowd,-that one word from them now would precipitate riot, and bloodshed would follow. The sober-thinking negroes acted prompt- ly, and for several hours they prudently with- drew from the streets, and few persons knew at the time the narrow escape Winchester had made from the horrors of a reign of terror. The sheriff on his arrival at the Kernstown railroad station, acquainted himself with the fact and returned with his report for the Court, which was virtually the following: That when the train neared the station, several strange men signalled the engineer to stop. The engineer was guarded, while others of the party boarded the train and proceeded to rescue the prisoner. The resistance by Adam Forney the jailer was re- markable. He had Shorter handcuffed to his arm, and refusing to release his prisoner, the

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THE FIRST LYNCHING IN THE COUNTY

lynching party resorted to rough means, when Forney was overcome and the prisoner, with rope fasted around his neck, was dragged from the car and across the station yard to the West side of the Valley turnpike to a stunted locust tree. He was soon hoisted to a limb to dangle in the air, while some of the party fired several shots into the writhing body. The work was quickly done; the lynchers, having wreaked their ven- geance on the miserable wretch, hastily moved away, taking the various roads leading from the place, and none could aver whence they came or whither they went. The party was composed of about thirty quiet but resolute men. No riot- ous conduct and no confusion of plans. The Commonwealth's Attorney, R. E. Byrd being pres- ent, ordered a coroner's inquest, which was delay- ed several hours. Their verdict was "that the death was caused by persons unknown to the jury." The court promptly ordered the arrest of all suspected persons; the sheriff returned his writs with no arrests; the excitement gradually subsided; and for some time the community felt that the tragedy would be wholesome to certain classes. This was the first and only case of Lynch Law in the County. It may be shown in other pages that soldiers were lynched during the Civil War.

The natural conclusion would be that the prompt discovery of the crime and terrible re- tribution, with all its abhorrent details, was suf- ficient to appall all evil-doers and deter them from indulging in similar fiendish acts. Not so, however, for in less than two years we find the court once more confronted with an outrage committed near Middletown. This was the case of Thornton Parker, a negro of that locality. He was arrested, taken before Justice Wm. Davi- son, who found the charges well sustained, and promptly turned the prisoner over to the County Court. A special grand jury was called for March 11, 1895. An indictment was returned to court, charging Parker with assault and vicious attempt to commit rape upon a married woman living a little West of Middletown. The court or- dered a venire facias to issue, summoning a jury for the 15th to try the case. Every precaution was taken to avoid a repetition of the unlawful proceedings witnessed in the case of Shorter. The Governor ordered Col. James C. Baker, com- manding the 2d Virginia Regiment, to detail the Woodstock Company to proceed to Winchester, to aid the Sheriff in protecting the prisoner. Col. Baker and Capt. Magruder promptly arrived with the Company and assumed the responsibility, to quell any uprising or disorder. The trial was quiet and orderly in every respect, though intense

excitement prevailed outside the court room. Guards were doubled, and the court room scene was one long to be remembered-the bristling bayonets of infantry, the testimony of the out- raged lady, and that of witnesses who detected and ran down the brutish creature who now sat in the dock, guarded by the jailor. The attentive jury in the box, the scathing prosecution by Mr. Byrd, the just judge on the bench and breathless crowds eagerly listened to catch every syllable uttered for or against the prisoner, grew intense. Some relief came when the jury were handed the papers, as the sheriff conducted them to the jury room. In twenty minutes they filed slowly back, and taking their seats in the box, were asked by the clerk if they had agreed upon a verdict. The answer was yes, and the verdict handed to the writer, who read this finding:

"We, the jury find the prisoner guilty as charg- ed in the indictment and fix his punishment with death by hanging."

(Signed) JNO. W. HARPER, Foreman."

The judge promptly sentenced the prisoner, and fixed the day of execution between the hours of 8 and 10 o'clock in the morning of the 19th of April next. The outraged people seemed satisfied that the forms of law had been observ- ed, and the prisoner was remanded to jail, guard- ed by the military. He soon was in the cell and surrounded by a death-watch. When the 19th of April came, Mr. Gore and his deputies were fully prepared to execute the sentence. At 9 o'clock Mr. Gore detailed James W. Stottle- myer, a prominent constable from Stonewall District, to spring the trap; and in twenty min- utes, one more of this wretched class of criminals was a dead carcass, ready to be carted away. It may be asked was this the only retribution? We cannot answer. The effect of this judicial exe- cution must have been greater than the other mode, for thirteen years have passed without a repetition of this crime in the Lower Valley.

The court disposed of the usual number of misdemeanor cases for the remaining term of Judge Atkinson. No more death penalties. The reader would be interested in a patient study of the court proceedings. Many incidents of much interest to the County have long since been for- gotten. Indeed, in his recent re-study of them, the writer was astonished to see the volumes of matter once familiar to him and written out by his own hand. We have arrived at that point in this disjointed narrative, when another change was to occur to the County Court. This will re- ceive attention in the next chapter.

CHAPTER XXVI

Old County Court Abolished

The reader will notice that the County Court was known as the Justices' Court until the Spring of 1870, when it ceased to exist by virtue of the provision in the Underwood Constitution framed in 1867-68.

The Justices during the colonial period were often called Justices of the Crown, signifying their mode of election or appointment; the Crown, through representatives at the capitol, creating the first bench of justices in each county; and as vacancies occurred, this bench would recom- mend some suitable gentleman for appointment, when commissions were issued from the Gov- ernor and his Council. And thus the Justices Court, comprised of the choice gentlemen of their respective counties, produced a court re- nowned for their judicial acts. As already shown, some of the justices could not subscribe to oaths required after 1776; and for several years, the remaining justices composed the courts. After the new State framed and adopted its first Constitution, justices were elected by the Gen- eral Assembly until 1851, when a sweeping change was made, and another Constitution framed by what was known as the great Reform Conven- tion. This Convention met for the purpose of revising the Constitution framed in 1829-30; and the revision cut the old instrument so rudely, that it could not be recognized by its friends. To use the language of W. W. Scott, historian of Orange County. "The old Constitution was ut- terly cast aside, except that George Mason's Bill of Rights was retained almost word for word." The right of suffrage was extended to every white male citizen 21 years of age; all officers were made elective by this class of new voters; so the Justices were elected by the people from 1850, and as such, composed the County Court until 1870, when Justices or Magistrates as they were termed, no longer composed a bench of Justices, but acted in judicial capacity to a limited extent in their respective Districts. The office is void of emoluments, and none seek the office, though generally some good men are found who will accept it. For any service rendered, they receive a mere pittance.

The County judges, elected by the General As- sembly for terms of six years, received small salaries. The judge for Frederick County was

paid $350.00 annually. He was also Judge of the Corporation Court of Winchester, with a salary of $500.00.

About the year 1900, another Convention craze struck the country through the mouth- piece of some ambitious politicians. Their la- mentations over the evils of the Underwood Con- stitution, found lodgment with many good peo- ple, who were pursuaded to believe they had borne the burden long enough. The fact was patent to many older men who had borne the brunt of political strife, that such burdens had been removed by healthy amendments, and the chief objection to that Constitution ;was the name. The people had become accustomed to the Judge system, and really had no desire for change; but appeals came to the Valley coun- ties, for aid to have a Convention that would virtually eliminate the objectionable negro vote that was the cause of corrupt elections. The Valley people reluctantly yielded; and the Con- stitution was not only framed by the Convention but proclaimed, and refused to be submitted to the people for ratification. This was in violation of sacred pledges. Well, it is true the negro was eliminated; but in doing this, thousands of old white voters were offended by the provisions, and have become indifferent to results; and many are of the opinion the Democratic party has lost good ground which is being occupied by the Re- publicans. The lack of enthusiasm in both par- ties is evident; while a new and third party is gathering up the discontented, preparing to sweep the State from mountain to sea. This is called the Anti-Saloon party.

When the change came for the Judge of the Circuit Court to try all causes, the County Court clerks did in most cases become the County Clerk and also Clerk of the Circuit Court until 1906, when the office would be filled by the clerk elected at the general election held in Nov., 1905. The writer thus became the new clerk, with Phil. H. Gold as Deputy, who had been Clerk of the Circuit Court.

When the time approached for the County Court to cease, universal regret was felt. The sentiment was expressed tenderly. The old land- mark established in the Eighteenth Century, now to be obliterated in the Twentieth, produced re-

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OLD COUNTY COURT ABOLISHED

flections that threw new light on the shadowy past. The last term was held in January, 1904. Every member of the Winchester bar then in the city, by common sentiment, was in the court room. Mr. R. T. Barton, in well chosen re- marks, made the motion that the bar be allowed to adopt suitable resolution touching the last hours of the Court, at whose bar his and per- haps ancestors of other members present, had appeared from its foundation through its long life. The resolutions were ordered to be spread on the minutes. All the attorneys, by request, signed the record; the Clerk was then requested to produce the old seal of court, which had been in constant use since its adoption in March, 1758; the Court directed the writer to certify to the signatures and acts under seal of Court; and on that page of the Order Book the reader will see the last legal impression of the old seal, which by motion of the bar, the Court commit- ted to the custody of the writer, to hold subject to order of the proper authorities of the County. The old Court was finally adjourned January 30, 1904, Judge Atkinson signing the orders.

The Circuit Court, with its new jurisdiction, convened Feby. 1, 1904, with Judge Thos. W. Harrison Judge of the Circuit on the bench, and the writer at the desk as clerk. During the Summer of 1903, the clerk's offices were trans- ferred from the old building; the County Court records placed in the Court room, while those of the Circuit Court occupied the room in the city building known as the Circuit Clerk's office. This change was made to enable the Board of Super- visors to fire proof the Clerk's Office building and rearrange it for convenience and safety.

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Shenandoah Valley Pioneers and Their Descendants: A History of Frederick County, Virginia., Part 22

Author: Cartmell, T. K. (Thomas Kemp), 1838-1920 Publication date: 1909 Publisher: [Winchester, Va.] : [Printed by the Eddy Press Corp.] Number of Pages: 607

Author: Cartmell, T. K. (Thomas Kemp), 1838-1920
Publication date: 1909
Publisher: [Winchester, Va.] : [Printed by the Eddy Press Corp.]
Number of Pages: 607