- “Tell the court that I love my wife…”

Commonwealth vs. Richard Perry Loving and Mildred Delores Jeter was the criminal case that began in 1958 in Caroline County and terminated in a landmark civil rights decision by the United States Supreme Court in 1967. The Supreme Court decision declared Virginia’s anti-miscegenation statute, the Racial Integrity Act of 1924, to be unconstitutional, thereby ending all race-based legal restrictions on marriage in the United States.

Mildred Delores (Jeter) Loving, an African American woman, and Richard Perry Loving, a white man, were residents of Caroline County who married in June 1958. The wedding took place in the District of Columbia because Virginia’s Racial Integrity Act banned marriages between any white person and any non-white person. Upon their return to Caroline County, they were charged with violation of the ban. On 6 January 1959, the Lovings pleaded guilty and were sentenced to one year in prison, with the sentence suspended for 25 years on condition that the couple leave the state of Virginia. The trial judge in the case was Leon M. Bazile who wrote the famous opinion of the court for the Lovings’ appeal of their original sentence – since God had created people of different colors and placed them on different continents He therefore never intended for the races to intermarry.

The Lovings moved to the District of Columbia even though they found it a great hardship for both them and their children to be separated from their families in Virginia.  Terms of their sentence directed that even when visiting family they were not allowed to come into the state together but had to make individual trips.  On 6 November 1963, the American Civil Liberties Union filed a motion on the Lovings’ behalf in the state trial court to vacate the judgment and set aside the sentence on the… read more »

- Petersburg Chancery Hits the Rails

Map showing the Chesterfield Railroad from where it left the Town of Manchester to its terminus position near Rocketts Landing in Richmond.

The latest images from the Petersburg chancery causes digitization project are now available on the Chancery Records Index. The scanning project is funded by the Circuit Court Records Preservation Program along with a $155,071 grant from the National Endowment for the Humanities (NEH). Chancery causes for Petersburg can now be viewed online through 1888. The following is an example of an interesting suit found in this latest addition.

Petersburg chancery suit 1850-025, Chesterfield Railroad Co.] vs. Richmond & Danville Railroad Co.] and Richmond & Danville Railroad Co.] vs. Chesterfield Railroad Co.], is a rich resource for research on the history of the rail and mining industries in the Richmond area. The suit concerns a dispute between the mule and gravity powered Chesterfield Railroad Company and the steam powered Richmond & Danville Railroad Company over access to the Manchester coal yards on the James River opposite Rocketts Landing. Since 1830, the Chesterfield Railroad Company held a monopoly on transporting coal from the Midlothian mines to the James River. The railroad used gravity to transport coal-laden railcars downhill and draft animals to pull them uphill. The company emptied the railcars on James River docks in Manchester, and the mules and horses brought the empty railcars back to the mines. The Richmond & Danville Railroad emerged as a competitor to the Chesterfield Railroad Company in the late 1840s. The Richmond & Danville began building its own rail line from… read more »

- Not in my Backyard!

Plat from Augusta County Chancery Cause 1899-070, Lambert Bros. vs. Ford & McDowell etc.

The latest images from the Augusta County Chancery Causes are now available on the Chancery Records Index. This latest addition of Augusta County chancery causes covering the time period from 1896 through 1902 joins the 1867-1895 causes already available online. Following are a few suits of interest found in this latest addition.

In 1898, Betty E. Arey proclaimed that a cemetery would not be built in her backyard when she and her husband brought suit against the Town of Waynesboro in R. E. Arey and wife vs. Town of Waynesboro etc., 1898-004. The Areys attempted to halt the construction of a cemetery behind their property and brought as evidence a plat showing the proximity of graves to their house, garden, and well.

In her bill for divorce, Annie B. Black wrote that she was persuaded to elope by John B. Black who later “willfully deserted and abandoned her at the youthful age of thirteen” after having only been married for two months. In Annie B. Black vs. John B. Black, 1900-054, Annie Black claimed that her husband obtained their marriage license without her presence and falsely represented her as being twenty when she was actually not yet thirteen at the time of their marriage.

In Frank H. Bailey vs. Nannie C. Bailey, 1902-004, the Baileys argue over who abandoned whom when their marriage ended in 1896. In a letter to his wife written 9 October 1900, Frank Bailey writes, “I don’t believe it was ever intended that I should live with a woman and I don’t care to… read more »

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- Bouldin and Crowder, together again

Crowder Brothers letterhead, 1917.  (Crowder Family Papers, Accession 44451)

A reunion of sorts recently took place when the Library of Virginia received a generous gift of the papers of William D. Bouldin (1839-1917) from his granddaughter Frances McGowan of Hopkinsville, Kentucky (Accession 50231). Bouldin, originally from Charlotte County, Virginia, served with the 18th Virginia Infantry during the Civil War and was held prisoner at Point Lookout, Maryland, until the end of the war.  He later moved to Kentucky.

Bouldin’s sister was Alma May Bouldin (1862-1920).  Alma never married, and lived much of her life in Drake’s Branch in Charlotte County.  In a letter she wrote in 1919 to her brother’s wife, Clara Bouldin (1845-1933), she mentions nephews John Nelson and Bouldin Crowder.  The two operated Crowder Brothers, a general store in Clarksville, in neighboring Mecklenburg County. “I am now at Bouldin Crowder’s in Clarksville,” Alma wrote. “Bouldin and Nelson Crowder have a dry goods store here in Clarksville and carry on a splendid stock for a country town.” 

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- “Lord Have Mercy! There is a ‘Reefer Man’ in Here!”

In the early morning hours of 31 May 1936, Margaret Jacobs was awakened by a “lumbering in the kitchen.”  She awoke to find the lights blown out and exclaimed, “Lord, have mercy!  There is a ‘reefer’ man in here.”  She saw someone going out the back door, and “he whirled right around then and ran though the front of the house, and then the gun fired twice.”  That’s when she heard her son, George Collins, yell out “Lord, have mercy! I am shot.” Margaret Jacobs sought help from her neighbors, calling out, “Somebody come here. A ‘reefer’ man has been in here and shot George.”  George later died at the Petersburg Hospital from sepsis as a result of the gunshot wound. Neither George Collins nor Margaret Jacobs knew who the shooter was, but a witness was able to identify a man he saw coming out of the home, who had earlier been to his house asking for George. Witnesses believed the shooter to be James Hines, alias Slim, but police were never able to connect Hines to the crime.

While processing Petersburg (Va.) Coroners’ Inquisitions, 1807-1947, I found these references to the “reefer man” intriguing. Early in Virginia’s history, the Jamestown Colony made cannabis cultivation mandatory because hemp was viewed as a critical crop for rope, clothing, and canvas. After the formation of the Federal Bureau of Narcotics in 1930, marijuana was soon regulated as a drug in every state, and, by 1937, with the passing of the Marijuana Tax Act, the production of hemp in addition to marijuana was prohibited.

In the 1930s, marijuana made its presence known in American popular culture. The 1933 film, International House, featured Cab Calloway performing what has become a classic song, “Reefer Man,” about a man who enjoys his marijuana… read more »

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- Nelson Co. Chancery Now Available

One of Nelson County's historical markers. (Image used courtesy of author Artaxerxes.)

The Library of Virginia is pleased to announce that Nelson County Chancery Causes, 1808-1912, are now processed, indexed, and conserved; and the index is now available on the Chancery Records Index. These records contain considerable historical and genealogical information. Because the records rely so heavily on testimony from witnesses, they offer a unique glimpse of the people of Nelson County from the early 19th century through the First World War. Following are a few suits of interest found in this collection.

In chancery cause Tobias~ vs. Heirs of John Campbell, 1816-005, Tobias, a free Negro, sues for the payment of a judgment won against the administrator of John Campbell.  In chancery suit Eliza A. Figures vs. Christopher T. Estes, 1838-035, Eliza Figures was hired by Estes, a tavern owner, to take care of the house business and culinary affairs, and she sued for lack of compensation.  In Eliza Ann Figures vs. Dr. Matthew Figures, 1840-013, the same individual is the plaintiff suing for divorce from her husband citing cruelty, abandonment and repeated acts of adultery.  Daniel M. Harris, trustee vs. Christopher T. Estes, etc., 1846-017, includes a typical item found in many of Nelson County’s pre-Civil War chancery causes – a cash valuation of slaves.  The effects of the Civil War are noted in Elijah R. Walker vs. William H. Loving, 1871-079, and in chancery cause 1880-012 which consists of multiple suits involving members of the Coleman and Hamner families. Modernization within the county is a topic dealt with in J.R. & Mary E. Peebles vs. W.M. Tunstall, 1906-032, which involves a dispute… read more »

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- Prince Edward Co. Declarations for Revolutionary War Pensions

While examining Prince Edward County court records for chancery suits, former Local Records Archivist Catherine OBrion found a group of declarations to the justices of the peace of Prince Edward County.  The declarants were Revolutionary War veterans seeking to obtain pensions under an act of Congress passed on 7 June 1832. The applicants present detailed testimony of their time of service during the Revolutionary War. Information found in the declarations include date and location applicants entered into service, names of military companies they served in, names of military commanders they served under, names of fellow soldiers they served with, length of service, their ages, and their places of birth. The declarations also include affidavits from witnesses who could verify information provided by applicants.

The predominant portion of the declarations consists of narratives of the veterans’ tours of duty during the Revolutionary War.  William Hines, age 78, presented an account of his service under General George Rogers Clarke in present-day Kentucky.  Clarke’s army was pursuing Native Americans along the Ohio River.  Hines shared how, during the campaign, he was severely wounded by two musket balls which broke both bones of his right arm below the elbow.  Hines was personally assured by General Clarke that he would receive a pension.  William Worsham, age 80, presented an account of his service from the time the war began in 1775 to the British surrender at Yorktown. He mentions the burning of Norfolk, campaigns in North and South Carolina, skirmishes with Benedict Arnold, and clashes with Cornwallis during which Worsham was taken prisoner… read more »

- Hey, We Drink Out Of There!

Photograph of Fannie Lillian Madison, circa 1883. (Commonwealth of Virginia versus Thomas J. Cluverius, 1885, Barcode 1170946)

On the morning of 14 March 1885, Lysander Rose, caretaker of the Old Reservoir in Richmond, went about his normal duties, but this morning would not be a typical one for Rose. As he approached the reservoir, Rose found what appeared to be a piece of broken shoe string, a woman’s red glove, and what he described as signs of a “desperate struggle.” When he peered over into the water, Rose saw “floating near the top the flounce or something of a woman’s dress and one leg jutting up.” After the coroner arrived, the muddy body of a young woman was lifted from the water. A cursory examination revealed that she had slight bruising on her face, a swollen mouth, and a rent in her gown at the elbow. Later, it would be discovered that she was also eight months pregnant. Several days and several false identifications passed before the body was finally identified as that of Fannie Lillian Madison.

At the time of her death, Lillian Madison, as she was commonly called by friends and family, was 23 years old, pregnant, and unmarried. Lillian had checked into the Exchange Hotel in Richmond under the name Fannie Merton mere days before her body was discovered. Lillian’s pregnancy (without the prospect of a husband) supported the coroner’s initial ruling of suicide, but as more evidence began to surface, the coroner was overruled and the cause of Lillian’s death was ruled a murder.

Within days of the body’s identification, Lillian’s cousin Thomas Judson Cluverius was arrested… read more »

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- Walk Like a Man? One-Legged Prisoner Escapes Road Camp

On Sunday 20 January 1907, Ed Baker, a “one leg Italian” with “a bad face”, escaped from the State Convict Road Force camp near Williamsburg. Baker, one of the camp cooks, made his break at 6:07 a.m. when a guard sent him to get some wood. The alarm was sounded at 6:15 and a manhunt begun.  Baker, who had a wooden leg and only an eight-minute head start, was not easy to recapture.  The Virginia Gazette reported that Baker was pursued by several guards as well as local citizens and students for nearly nine hours.  Baker was finally caught at 3 pm by guard R.F. Morris – 20 miles from the camp!  The guard in charge of Baker when he escaped was fired.  That evening camp Sgt. W.B. Pattie wrote Penitentiary Superintendent E.F. Morgan that ”a man who can’t hold 4 men with a shot gun & pistol is no good to me.”  Baker was also punished.  Even though Baker only had one leg, Pattie “put a ball and chain on that and will give him 39 [lashes] in the morning.”

Letter from W.B. Pattie, dated 20 January 1907 to Capt E.F. Morgani

The State Convict Road Force was created by the General Assembly in 1906 as part of the Withers-Lassiter “good roads” law that created the State Highway Commission. The Penitentiary was responsible for creating, administrating and supplying mobile convict road camps for use by the Highway Commission. The camps were manned by felons from the Penitentiary and by misdemeanants from local jails. The number and location of camps changed based upon the needs of the State Highway Commission.  Records of the State Convict Road Force are part of the recently processed Virginia Penitentiary collection.

-Roger Christman, Senior State Records Archivist

- Mr. Christmas and his Flights of Fancy

The front-side view of the Christmas Bullet prior to its lethal first and only flight in 1918. (Image public domain/Wikipedia)

Former Local Records archivist Catherine OBrion was given the task of processing the chancery causes of Arlington (formerly Alexandria) County.  Perhaps the most interesting case that she discovered was a suit entitled Creed M. Fulton versus the Christmas Aeroplane Company, Inc. et al. The day after Christmas in 1910, Mr. Fulton, a lawyer from D.C., filed suit against the Christmas Aeroplane Company, the company’s founder William W. Christmas, and two other individuals—Lester C. McLeod and Thomas W. Buckey.  In the bill for the suit, William W. Christmas is described as the inventor of a heavier-than-air machine for the purpose of aerial navigation.  According to the document, Mr. Christmas informed the complainant that the aircraft “had been actually tried and was successful and that said machine had remained in the air for sometime.” 

In need of money to procure a patent and to build a practical machine for the purpose of “demonstrating the values and practicability of said invention,” all parties entered into an agreement on October 26, 1909, in Washington, D.C that would create the Christmas Aeroplane Company.  According to the agreement, money for the patent would be advanced and the others would aid William Christmas in raising funds to cover the actual cost of building a machine. After $1,200 was given for the patent, it became necessary for some of the parties to advance more funds. In August 1910, it was ascertained that an additional $2,500 was needed to cover the payment of outstanding bills, to defray… read more »