The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-12-02

4
took from the Jail OF Patrick countytwo ne.
gro prisoners who were there confined by
order OF Judge Tredway. But the Governor
had a conference with Acknowledgement
Field Saturday, and the latter has written
to Judge Tredway and to the clerk OF the
Circuit Court OF Patrick county for infor-
nation. When that shall have been received
the Governor and Acknowledgement will
undoubtedly do what is proper and possi-
bic to uphold the rights and dignity OF the
Commonwealth.
It is very certain that the General AS
sembly will direct their attention to the mat
ter as soon as the facts can be obtained and
communicated to them.
Burwell and Lee Reynolds, the prisoners,
who are destined to become famous, were
charged with the murder of white man
named Aaron G. Shelton. One was sem
fenced to the penitenliary for eighteen
years the other had been on trial, but the
Jury failed to agree, and he was in jail
waiting to be put on trial again. s..
oL-BUrTER " THE CAUSE OF THE CRIME.
The facts proved were that Shelton had
become provoked some time previous to the
homicide (Which occurred November 30,
| 1919 because younger brother OF his had
been "ducked" " by the children OF negro
school for halooinS school-butter," OF
which school Lee Reynolds was member.
| His brother, Burwell Reynolds, who was
Jointly indicted with him, took an active
| part in the "ducking." This occurred
about two weeks before the homicide. On
Tuesday morning preceding Thursday
the day of the homicide, Shelton passed
the school-house while the school was in
session and hallooed school-buttcr." He
then passed on to his work, undislurbed,
| about four hundred yards distant, where he
was to load his wagon with saw-logs, in
which business he was at that time en-
gagged.
"THE DUCKING.'
| Atrecess Of the school on the same day,
the teacher having left his school in charge
OF one Of the grown and advanced scholars.
another brother Of Aaron G. Shelton, pro-
| badly thirteen years OF age. approached the
| school.house ut 4 distance OF one hundred
and fifty steps and hallooed !" school-butter."
| The school-chlldrcn pursued him until they
arrived at where Aaron c. Shelton was
standing in the road, with stick in his
hand, his uncle being present.
Some alteration took place between A. G.
Shelton and the chool-children-they re-
treating and he pursuing with stone and
stick, stating that his brother had been
"ducked " a short time before, and he might
pass there when he pleased and hallCo
"school-butter when he wished, and il he
was ducked again he would shoot, their
heart-stringS out, and, II necessary, would
follow them into the school-house to do so.
and il the scAoo.-teacher interfered would
shoot HIM also. ,.-. %. t,t..'}.- .'sl
Neither Burwell nor Lee Reynolds were
present on this occasion. Shelton, how
| ever, approached sister OF Burwell and
Lee Reynolds, and shock stick over her
and asked who it was that called him a
rogue. She said nobody, and asked Shell
ton what all this meant. He replied, "one
of your brothers ducked one Of my little
brothers some time ago." She said her
brother did not duck his brother, but only
patted little water on his head. Shelton
then said ne would pat (her) for him. Shell.
ton then used abusive language 10 her; ol
which the brothers Reynolds were ir-
formed that afternoon.
THE HOMICIDE.
On the evening OF the same day Shelton
and the Reynolds boys bad dispute about
some logs which Shelton's uncle had cut and
left in the road.
On the Goth OF November QS77 Burwell
and Lee, with their fathers team and slide,
and Shelton with his wagon, his brother
Green with him, met each other near
where the logs lay, nearly obstructing The
way. The track was narrow, with fence
on one side and woods on the other, and
two such vehicles could not pass without
one giving the road. BurWell Reynolds
drove his slide out Of the road. The
wagon was found in the road exactly
opposite the rear Of the slide. Between the
wagon and slide. directly between the fore
| lppH ind Iyy>h lc nE fIa DnI,
nolds was found standing with gun and
stick. There was quarrel and scufle be
tween Shelton and Lee Reynolds, and Lee
fed. Shelton pursued him twelve or fifteer
. PAGES and struck him, knocking him Over
q log. At that time Burwell Reynolds
7 ran up and sta bbed Shelton in the back with
large butcher-knife, which had been uset
? as tobacco-kniTe. 1t was further proved
that Lee Reynolds was found immediatel,
afterwards, about fifty yards from the place
OF homicide. in the woods, with his gul
cooked. Burwell fed the county. Lee dit
not. TWAS proved that Aaron Shelton wa
a young man twenty-five years OF age, Q
extraordinary physical development
weighing 160 pounds. Lee and BurWe
were aged respectively eighteen and nine
teen years. Burwe, and Lee were i
: the habit OF carrying the gun, but not th
TRIAL.
1t appears from the records that in tn
Circuit Court of Patrick county, at its Apr
,, term, 1873, Burwell and Lee Reynolds Wer
tried Sor the murder Of Shelton. Before tn
, trial the counse; for the defendants move
, the Court to award them a special Uenare, t
be composed of both whites and blacks
since the venire in attendance was com
posed wholly OF whites, and no negro
name had been put into the ballot-boS
Judge Tredway oYerruled this motion
Thereupon the defendants offered petition
praying that the cause be removed to til
United States Circuit Court to be held q
Danyille, under the laws OF the Unltet
States (Revised Statutes, Cd Ed, 1878
sG4ll. This petition was refused.
The defendants, who were Jointly in
dicteG, elected thereupon to be tried sepa
rately. Burwell Reynolds, having beer
duly arraigned and tried, was found guilt.
Of murder in the first degree, but, upon
motion in arrest OF Judgment, the yerdic
! was set aside and new triai awarded him
Lee Reynolds was then tried, and fount
! guilty OF murder in the second degree, ant
the motion for a new trial having been over
ruled, his counsel appealed, and upon
writ of error from the Supreme Court o
Appeals the court below was reversed, ant
a new trial awarded him also. The new
trials toSk place at q special term Of th'
Circuit Court OF Patrick held last october
resulting In q hung jury in the ease OF Bur
well, and in verdict Of guilty in that O
4 Lee Reynolds, who was sentenced to th'
penifentiary for eighteen years.
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