The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1879-01-23

GINA. JANUARY %
| ably thirteen years Of age, approached tn
school.hoase at the distance of one hundre
and fifty steps and halloed ''school-butter.
| The school children then pursued him unit
they arrived at where Aaron G. Shelton wa
| standing in the road with q stick in his baud
his uncel, Asa Tuggle, being present. Som
| alteration took place between Aaron q
Shelton and the school children, they retreat
ing and he pursuing with rock and stick
stating that his brother had been ducked
short time before, and that he might pas
there when he damn pleased and halo
'school-butter'' and II he was ducket
again he would shoot their heart string
! out, and II necessary, would follow them il
to the school-house to do so, and IT the teach
er interferred, he would shoot him.
Neither Burwell or Lee Reynolds wer'
present on this occasion, being engaged a
that time at work on their fathers farm
Shelton, however, approached sister o
Burwell and Lee Reynolds, shook sticl
over her head, and asked who it was tina
called him rogue? She said nobody, ant
asked him what all this meant? He replied
one of your brothers ducked one Of my lit.
tie brothers some time ago. She said hel
brother did not duck his brother, but only
patted little water on his head. Shelter
then said he would pat for him. Shelter
then used abusive language to her, which
the witness declined to repeat in Court
Mary Burwell, one of the witnesses for the
defense, informed Burwell and Lee Rey
FOLDS that evening of che manner in which
Aaron C. Shelton had abused their sister
Late in the evening of the same day, Aaron
c. Shelton, returning home from work, found
Burwell and Lee Reynolds trying to roll one
Of the saw-logs cut by his uncle, which he
was going to carry to the saw-mill, out OF the
road.-A road had been cut by the uncle oil
Aaron c. Shelton by which any one could
pass around the logs. Shelton asked Bur-
well and Lee Reynolds what they were do
ing? They said they were going to roll the
logs out of the road. He cursed them, and
told them il they did he would thrash them.
Burwell and Lee Reynolds passed on around
the logs after the threat to the negro school
house before mentioned, which was on their
way home, and then stopped. When Aaron
also on his way home, he found them stand
ing on the roadside with stick and axe.
They addressed Shelton, and Lee Reynolds
told him they were going back to the log
at which he had just found them, the next
morning, and were going to roll it out Of the
road, aud II he, Shelton, interferred, they
would shoot him, and il he ran, they would
make their dogs catch him. This threat was
denied by Burwell Reynolds, who was intro
duced as witness. Green Shelton, the
brother of Aaron G. Shelton, was the wit
ness to this threat. Aaron G. Shelton pass
ed the school-house Wednesday and Thurs
day for the purpose of hauling the saw-logs
which had been cut, without any further in
reference with the school. On Thursday
about o'clock, he went to load a log on his
wagon, which was lying in the road about
quarter Of mile from the log Burwell and
Lee were trying to roll out of the road.
When he got in sight Of the log he intended
loading, he saw Burwell and Lee Reynolds
standing within fifteen steps Of the log. They
had been hauling corn from their fathers
farm, and were returning home, by the usu-
al road, and had driven their slide, to which
was attached horse and an OK, outside of
the road. AS they came up to this point,
they found log lying across the road they
passed around this log through space made
by Shelton in removing one of the saw logs
below the road and stopped. When they
were first seen by Shelton, they could have
seen Shelton at a distance Of 30 yards in the
road before he reached them, and could have
heard him coming about two hundred yards.
He came in fast walk. The track was a
single track, with fence on one side, woods
on the other, and two such vehicles could
not pass each other, without one giving the
road. Burwell Reynolds, who was driving
the slide, with little loading on it, left the
main track, and drew his slide out of the
road down below, and found with the head
of the OK and horse turned in direction
nearly diagonally with the road. The wag-
on was found in the road exactly opposite
the rear of the slide. Between the wagon
and slide, directly between the fore and
hind wheels of the wagon. Lee Reynolds
was found standing with gun and stick.
Shelton stopped his wagon about fourteen
PAGES from the log which he intended load
ing. Shelton had hauled log the day be-
fore and stopped his wagon at position fur
ther from the log than he did this day.
There was a log across the road when Shell
ton hauled the first log. He could have
stopped at that point and loaded, or could
have gone further and turned around and
then loaded. When Shelton stopped his
wagon, he asked Lee what he was doing
with that stick. There was a conflict OF ties.
timony as to whether he said he had right
to carry his stick, or whether he said, if you
will get down, God damn you, will show
you. Shelton ordered him to drop the stick,
and got out of his wagon. The testimony
conflicts as to whether he dropped the stick
or whether Aaron C. Shelton took it from
him. Shelton pursued him; and there was
a conflict of testimony as to whether he at
tempted to draw the gun on Shelton or not,
while he (Lee) was retreating and Shelton
pursuing him. Shelton pursued him - or
Is PAGES and struck him, knocking him over
the log and at that time Burwei Reynolds
ran up and stabbed Shelton in the back with
a large butcher knife, which had been used
for a tobacco knife. 1t was further proven
that Lee Reynolds was found Immediately
of the homicide in the woods with his gun
cooked. Burwell fled the country: Lee did
not. 1t was further proven that Aaron C.
Shelton was young man % years of age of
physical development weigh
ing l60 pounds. Lee and Burwell, cOlored
boys, respectively Is and 10 years of age.
1t was further proven that Burwell and Lee
were in the habit OF carrying the gun but not
the stick and knife; and that Burwell left
his place of business to see what he could
pick up and got the knife off the tier in the
barn, the barn being two hundred yards
from his business.
The above were the facts certified by the
Judge at the April term, 1878.
AT the trial, at the special term, 2Sth OF
October, 1878, the same testimony substan-
TALLY as above stated, was adduced. The
only variance was in substance this That
on Wednesday, Aaron C. Shelton received
a message purporting to come from Lee
Reynolds, saying that he intended to move
that log, and that he had his gun with him,
and II he (Shelton) interfered with him, he
would shoot him. On Wednesday morning,
the day after the difficulty at the school
house, the prisoners went back to their
farm !; and on their way they were informed
by Asa Tuggle, the uncle of the deceased.
that A. c. Shelton told him (Tuggle) to tell
them that If he, Shelton, caught them on
that road, he would beat them. They re-
ceived the same warning from the same
source on Thursday morning. sThey went
on to their farm along the said road, finished
their work, and about o'clock p. m., were
returning the same road, Burwell driving
the slide with some little loading on it !; Lee
was walking In front with gun and stick in
his hand. They came to a tree across the
road, which had been cut by the said Asa
Tuggle, after they (the prisoncrs) had gone
down in the morning to their farm; it was