The Dickenson County herald. [volume] (Clintwood, Va.) 1927-1930, 1929-12-12
Dingus Escapes
Death Penalty
Long Legal Fight Ends-First De.
gree Murder Verdict Stands
Three Others Convicted

inAce OtnefS convicted
LEBANON, Dec. 10.-Victor Din
gus will not go to the electric chair.
In the Russell-county circuit court
today the case of the Coeburn youth,
for whom jury last July recommend
ed the death penalty for the murder
Of H. 7. Robbins, Russell county
merchant, was compromised. Under
the terms of the compromise Dingus
will serve twenty years in the state
penitentiary.
Was. Given New Trial.
Dingus had been held in the Roa
noke Jail since his conviction, being
returned to the local Jail few days
ago to await his second trial granted
recently by the supreme court.
The jury today formally returned
recommendation of a 20-year SEN
tence for first degree murder, follow
William e. Burns passed sentence.
SI
Dingus will not be removed immedi
ately to the penitentiary.
The fact that there was no mitiga-
ton in the degree of guilt was regard
ed as victory for the prosecution
1t was pointed out that Judge Camp
bell, of the supreme court, who gave
dissenting opinion when new trial
was granted, held that no verdict
other than first degree murder was
possible under the circumstances as
brought out in the testimony.
Dingus' father and mother were in
the courtroom today. Commemorative
Attorney l.. E. Fuller was assisted in
the case by +. T. Wilson and A. G.
Lively. Dingus was represented by
> Kennedy and M. NJ. Long of Wise.
The disposition of the Dingus case
pilngs to an end a determined fight
In the courts on the part of the youth
to cheat the electric chair.
lie was found guilty at a sepcia]
term of the Russell county circuit
court in July, 1928. Robbins was
slain June % Of that year. The slav-
ing took place at night when Dinens
and his companions were caught bv
Robbins stealing gasoline from his
garage. Robbins fired upon the
youths and Dingus is alleged to have
returned the fire fatally woundino
the merchant.
Galloway Honaker, one of Dinous,
companions, was found guilty of sec
ond degree murder and given Is
years in the penitentiary. Everett
jesse got Is years on the same
charge and Alfred Bennett on a plea
OF guilty took five years on an agree
ment of counsel. Roy Reed, the fifth
member of the party, was found not
guilty.
The killing aroused intense feeling
IN the county and heavy guard was
stationed around the Jail while the
youths were contend at Lebanon.
Following his conviction Dingus was
removed to the Roanoke city Jail for
safe keeping.
Counsel for Dingus Immediately
began a fight to save the boy from
the death penalty, carrying the case
to the supreme court. At the recent
: session of the higher court at Staun-
ton Dingus won new trial. One of
the points emphasized in the decision
by the supreme court was that during
the deliberations of the jury which
cave Dingus the death penalty, a
deputy sheriff rushed into the jury
room with the information that mob
was forming.
One of the efforts on behalf of Din
gus by his friends was the publication
of a phamplet which was widely cir
rulated in Southwest Virginia. The
pamphlet gave history of the TRACE
DIV and recounted the life story of
Oinous.
Court will be in session until the
middle of January.