Appomattox County Virginia USGenWeb Archives Obituaries.....Harvey, Joel H., 1906 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Matt Harris zoobug64@aol.com July 2021 APPOMATTOX COURT. Interesting Murder Trial - Indictments Referred to Magistrate. (Special to The Times-Dispatch.) APPOMATTOX, VA., May 14. - Judge Hundley opened a very busy session of his court here to-day. The Sears-Harvey murder trial brought out a large crowd. Sears was indicted by the grand jury and his case was set for trial on the second day of the next term and the court will hear a motion for bail to- morrow. Commonwealth's Attorney Watkins, of Charlotte, aided by Aubrey E. Strode, will conduct the prosecution and H.D. Flood will look after the defence. Much interest is being manifested on account of the prominence of the families involved. Judge Hundley rendered a very important decision here to-day in an appeal case from a magistrate's court. The Norfolk and Western Railway had been fined sixty dollars for running its freight trains on Sunday. The court held that when the justice himself issued the warrant without complaint filed before him, that such proceedings could not be had under the statutes where the punishment was only a fine; that there must be a complaint filed with the justice in all such cases throughout. He also held that in order to get service on a railroad in a criminal case the proceedings must be instituted by indictment before a grand jury on information filed by the Commonwealth's Attorney. This afternoon the grand jury found about two hundred indictments against the company for sundry violations, all of which the judge certified to the justice for trial. ****************************************************************************** Feeling is High. (Special to The Times-Dispatch.) APPOMATTOX, VA., April 26. - Fully five hundred people attended the burial of the late Joel Harvey, at Rose Bower this evening, although the weather was stormy. Much feeling is expressed against the young man, Sears, who killed Harvey yesterday. Sears will have a preliminary hearing hero on Saturday. Harvey's family claim that Sears came to the former's place of business the second time, and that he came for the purpose of killing him. It was learned to-day that there was an old feud, which had been existing among the Harveys and Sears for years. ****************************************************************************** SEARS CASE SENT ON TO GRAND JURY Congressman Flood Appealed for the Prisoner at the Preliminary Hearing. SEARS DOES NOT DENY KILLING Testimony That Young Man Was Not Under Influence of Whiskey. (Special to The Times-Dispatch.) APPOMATTOX, VA., April 28. - At five o'clock this evening the preliminary trial of Lester Sears was held before Justice Thorpe. Congressman Flood appeared for the prisoner. Commonwealth's Attorney Ferguson looked after the prosecution. Four witnesses were examined, which included Dr. J.B. Abbitt, the attending physician. The blacksmith, Bryant, who is regarded as an important witness, was not present. It was developed that no one saw Sears hit Harvey, but Sears does not deny the killing - in fact, he admits having hit him with a stick. There was no important testimony given in to-day's hearing to show that there was any premeditation in the killing, unless it be the proof advanced that young Sears returned in about an hour after they had had some words. The testimony showed that he was there but two minutes after his return before the fatal lick was heard. It appears certaln that there were no eye-witnesses to the killing, although several people were within thirty steps of the two men. Flood said he thought it was a proper case for the grand jury, and the young man was sent on. Motion for bail was overruled. Notice was given that the application would be rendered before Bail Commissioner Horseley, which motion will be heard next Thursday. Sears is in jail. The people are quiet and all seem to regret the unfortunate occurrence. It has been stated that Harvey was under the influence of liquor. The family deny this; and, upon a direct cross-examination to-day, witness Cattman admitted that he and Harvey took one drink that morning, but stated that Harvey was not under the influence of liquor. ****************************************************************************** GETS SIX MONTHS IN JAIL FOR KILLING MAN (Special to The Times-Dispatch.) APPOMATTOX, VA., July 26. - The trial of Elester P. Sears for the killing of Joel Harvey, in April last, was concluded to-night. The jury fixed the prisoner's punishment at six months in the county jail. The courthouse has been crowded with the friends of those connected with the unfortunate affair since Monday. The evidence in the case has in substance been printed before. The speeches by the lawyers consumed the entire day, and were of a high order. The able attorney for the Commonwealth from Charlotte county, Mr. Thomas Watkins, and that brilliant young lawyer from Amherst, Mr. A.E. Strode, conducted the prosecution, and Congressman Flood very eloquently defended the prisoner. No case in recent years has attracted so much interest. Court will adjourn to-morrow. Joel Holcombe HARVEY, Rose Bower merchant & farmer, b. 8 Sep 1878, murdered 25 Apr 1906, interred in the HARVEY family cemetery*, "Times-Dispatch" (Richmond, VA), No. 17,175, Apr. 26, 1906, p. 1, col. 2; "Times-Dispatch" (Richmond, VA), No. 17,176, Apr. 27, 1906, p. 2, col. 4; "Times-Dispatch" (Richmond, VA), No. 17,178, Apr. 29, 1906, p. 2, col. 4; "Times-Dispatch" (Richmond, VA), No. 17,195, May 15, 1906, p. 5, col. 5; "Times-Dispatch" (Richmond, VA), No. 17,267, July 27, 1906, p. 5, col. 5 *Middle name &c. from Find a Grave Mem. #16405334 His parents, Thomas Wilson Jr. & "Ella" ELVIRA Louise (WOODSON) HARVEY, are also buried there. His widow, Mazie Allen (COLEMAN) HARVEY, 2m. Thomas Joel HARVEY in 1909. They are buried in Maury Cemetery, Richmond. Contributed for use in the USGenWeb Archives by Matt Harris (zoobug64@aol.com). file at: http://files.usgwarchives.net/va/appomattox/obits/h/harveyjoel.txt