Commonwealth of Virginia v. Rioters

Transcript from pages 306, 310 of Court Book 1851-1857, Clerk of the Court Office, Rappahannock County, Washington, Virginia:

“At a Circuit Court held for Rappahannock County at the Courthouse of the said county on Monday the 2nd day of October 1854 being the first Monday of the month, Present, the Honorable John W. Tyler, judge of the Ninth Judicial Circuit.

Pg. 306 An indictment James Duane and others, a True Bill

Pg. 310 The Commonwealth

            V

James Duane

Henry McFarland      } Defendants             } Upon as Indictment for a Riot

David Vannetten

John Moore

“This day came as well the attorney presenting for the Commonwealth, as the Defendants James Duane, Henry McFarland and David Vannetten by their attornies, and the said defendants say they are not guilty in manner and form as in the Indictment against them is alleged, and of this they put themselves upon the county and the attorney for the Commonwealth likewise; and the said Defendant James Duane appeared in Court according to the conditions of his Recognizance entered into before Gideon H. Brown a Justice of the peace within and for Rappahannock County on the 11th day of September 1854, and thereupon came a Jury selected by ballot in the manner prescribed by law, to wit; William R. Hopkins, John G. Parks, William Johnson, Joshua Hudson, Franklin Pierce, John R. Cannon, John F. Corder, Richard F. S. Carr, Robert Chancellor, William D. Turley, James. M. Mason and William C. Armstrong who were sworn to try the issues in this case, after hearing the evidence and arguments of counsel returned a Verdict in these words “We the Jury find the Defendants not Guilty”; therefore it is considered by the Court that the said Defendants be acquitted and discharged from this prosecution and go thereof – country and the attorney for the Commonwealth likewise; and the said Defendant James Duane appeared in Court according to the conditions of his Recognizance entered into before Gideon H. Brown a Justice of the peace within and for Rappahannock County on the 11th day of September 1854, and thereupon came a Jury selected by ballot in the manner prescribed by law, to wit; William R. Hopkins, John G. Parks, William Johnson, Robert Chancellor, William D. Turley, James M. Mason and William C. Armstrong who were sworn to try the issues in this case, after hearing the evidence and arguments of counsel returned a Verdict in these words “We the Jury find the Defendants [sic] not Guilty”; therefore it is considered by the Court that the said Defendants [sic] be acquitted and discharged from this prosecution and go thereof without delay.”