On the afternoon of 18 April 1924, an Imperial Ice Cream Company truck got stuck in the mud on the road between Winchester and Front Royal.  The driver left the truck to telephone the company’s Winchester plant for help to get the truck out of the mud.  When the driver returned ten minutes later, he saw that a “gang of convicts, in charge of a guard, had climbed on the truck and stolen from it five quarts of brick ice cream and ten dozen Chocolate Coated Ice Cream bars” worth $6.50.  The guard told the driver that “he couldn’t do anything with the convicts, as they were in for stealing at the time.”  Or so A.W. Warne, Manager of the Virginia Division, claimed in two letters to Major R.M. Youell, Virginia Penitentiary Superintendent.  Outraged, Warne demanded an investigation and financial restitution.  He added that “it seems to me a deplorable state of affairs when a guard in charge of a gang of convicts does not have enough control over the convicts, or himself, to prevent the stealing” of ice cream.  A subsequent investigation by Penitentiary officials tells a completely different story.

A week after the alleged incident, Superintendent Youell ordered J.W. Johnson, the officer in charge of State Convict Road Force Camp 29, to investigate.  Johnson’s reply on 29 April 1924 reported that the driver … read more »