Hampton v. Com.

• Decision Date: 13 March 1950
• Docket Number: Nos. 3635-3640,s. 3635-3640
• Citation: 58 S.E.2d 288,190 Va. 531
• Court: Virginia Supreme Court
• Parties: JOE HENRY HAMPTON v. COMMONWEALTH OF VIRGINIA. FRANK HAIRSTON, JR. v. COMMONWEALTH OF VIRGINIA. BOOKER T. MILLNER v. COMMONWEALTH OF VIRGINIA. HOWARD HAIRSTON v. COMMONWEALTH OF VIRGINIA. FRANCIS DESALES GRAYSON v. COMMONWEALTH OF VIRGINIA. JOHN CLABON TAYLOR AND JAMES LUTHER HAIRSTON v. COMMONWEALTH OF VIRGINIA. Records

Page 288

58 S.E.2d 288

190 Va. 531

JOE HENRY HAMPTON v. COMMONWEALTH OF VIRGINIA.

FRANK HAIRSTON, JR. v. COMMONWEALTH OF VIRGINIA.

BOOKER T. MILLNER v. COMMONWEALTH OF VIRGINIA.

HOWARD HAIRSTON v. COMMONWEALTH OF VIRGINIA.

FRANCIS DESALES GRAYSON v. COMMONWEALTH OF VIRGINIA.

JOHN CLABON TAYLOR AND JAMES LUTHER HAIRSTON v. COMMONWEALTH OF VIRGINIA.

Records Nos. 3635-3640.

Supreme Court of Appeals of Virginia

March 13, 1950.

Martin A. Martin, S. W. Tucker, Roland D. Ealey and J. L. Williams, for the plaintiffs in error.

J. Lindsay Almond, Jr., Attorney General, and Henry T. Wickham, Assistant Attorney General, for the Commonwealth.

JUDGE: HUDGINS

HUDGINS, C.J., delivered the opinion of the court.

Joe Henry Hampton, Frank Hairston, Jr., Howard Hairston, Francis DeSales Grayson, John Clabon Taylor, James Luther Hairston and Booker T. Millner, were charged in one indictment with raping Mrs. Ruby Stroud Floyd, a married woman 32 years of age, on January 8, 1949. It was also charged in separate counts that each defendant was present aiding and abetting the other six as one after the other raped her. Five defendants were tried separately, and two, John Clabon Taylor and James Luther Hairston, jointly. The six juries found the defendants guilty and fixed the punishment of each at death.

The seven defendants were arrested within thirty hours after the crimes were alleged to have been committed. On January 21, 1949, the trial court appointed seven able and competent lawyers, one to defend each defendant. On February 17, defendants were given a preliminary hearing by the police justice and held for further action by the grand jury. On April 19, the trial court heard and overruled defendants' motion for a change of venue, and on April 21, Joe Henry Hampton was tried. The other six defendants were tried soon thereafter.

The cases were argued together. All of the details do not appear in each of the six records, but the material facts, with some of the gruesome testimony quoted, are:

At approximately five p.m., on January 8, 1949, Mrs. Floyd started to the home of Mrs. Ruth Pettie, a negro woman, to collect a debt. She stopped at Rosa Martin's for the purpose of asking her to show her the way. Mrs. Martin was not at home, but Charlie Martin, her eleven-year old son, agreed to go with Mrs. Floyd to find the Pettie home. The two, as they went down the track of the Danville and Western Railroad, passed four negro men -- Joe Henry Hampton, Howard Hairston, Booker T. Millner, and Frank Hairston, Jr. On their return, and as they were walking along the railroad track, the same four men were so grouped on the right of way that Mrs. Floyd and Charlie Martin, in order to get by them, were compelled to step off the track into the weeds and briars on the side. As they passed, one of the negro men said 'Hey Honey,' or 'Wait Honey,' or words to that effect, which so frightened Mrs. Floyd and Charlie that they began to run. The men overtook them. Joe Henry Hampton grabbed Mrs. Floyd from behind 'then he brought me to a complete standstill and pushed me to the side of the track and I fell, my whole weight, and him on top of me, on my back.' He said, 'Don't you scream;' 'Don't you holler.' 'Do not say a word, and put his hand over my mouth to keep me from hollering. By that time these others coming on behind had got up to where we were and they began pulling my clothes off. * * * They told me if I hollered they'd kill me. They had their hands on me, holding me down.'

Mrs. Floyd further testified that they tore her stockings from her supporters and 'started pulling my bottom pieces off. * * * And I begged them to turn me loose * * * Everytime I tried to say anything they hit me in the face and in the mouth and said 'Lay down and hush.' The others were prizing my legs open, holding my legs open and they were feeling of me.'

* * *

'Q. Can you tell these gentlemen what happened next?

'A. Well, after he (Hampton) had intercourse with me then he helped to hold me and the others had intercourse with me, the other three. They were holding my legs, prizing my legs open. Every time I pulled my legs together they said 'Hold them legs up woman.' Every time I tried to holler or say anything they'd slap me in the mouth, and as each one got on me he put his tongue in my mouth, what time their hands weren't in my mouth. They kept my mouth covered all the time with their hands and tongues, sucking my tongue and slobbering all over me.'

Charlie Martin, the eleven-year old boy who was with Mrs. Floyd, testified that on the way from the Pettie home, and as they passed the four men, Joe Henry Hampton grabbed Mrs. Floyd. Both he and Mrs. Floyd holloed and she began crying. He saw Joe Henry Hampton throw her down and 'get on top of her,' and 'when he got up' 'Frank Hairston, Jr. got on her.' Booker T. Millner grabbed him and gave him a knife and told him 'Anybody (who) come down there to cut them.' The boy did not accept the knife. Millner then gave him a quarter and told him if he told anybody of the occurrence he (Millner) would kill him. Charlie left the scene, but did not tell any one what had happened until several hours later.

The four men started quarrelling or fighting among themselves, close to, or over Mrs. Floyd while she was down on the ground. While they were thus engaged, Mrs. Floyd crawled away. As she did so, she saw three other negroes, John Travis Redd, Josephine Grayson and Leola Millner, the latter a young girl, passing. Mrs. Floyd staggered to them, and frantically caught Josephine Grayson around the waist, crying and begging for help. No assistance was offered. The three went on their way.

Josephine Grayson testified 'one of the boys grabbed her (Mrs. Floyd) away from me and carried her down the railroad.'

Mrs. Floyd stated that about this time 'I heard them say they were going to carry me to the swamp, it was too public on the railroad track. Two got me by the shoulders, the others tried to get my feet and tried to carry me. I was screaming and trying to holler. They kept their hands over my mouth. I managed to free my feet where I could kick them. * * * They drug me to the woods. When they got me out there they just slammed me up on a little embankment under some trees, seemed to be in a path like, and they kept telling me 'Don't you holler, don't you scream.' I was trying to plead with them to turn me loose * * * They kept their hands over my mouth and kept their tongues in my mouth and there were more after they got me in the woods than there were on the tracks. Just how many I do not know.'

Ethel Mae Redd who lived not far from the scene of the crimes, testified that a little after six p.m. Francis DeSales Grayson came to her home and told John Clabon Taylor and James Luther Hairston, who were there, that 'Some boys got a white lady up on the tracks. * * * Come on, let's go up there.' The three left her home going in the direction of the railroad tracks.

Francis DeSales Grayson, in his statement to the officers, said: (as) 'I was walking home * * * I saw a man on a woman and heard her begging him to let her go, that she had children at home and she belonged to the church. I went on home and John Taylor and James Hairston were there. I told them what I had seen and we three went back up there. When we got there Frank Hairston, Jr., Howard Hairston, Booker T. Millner, Joe Henry Hampton were all around a white woman. It looked like all of them went to her before I left. John Clabon Taylor was the last one to go to the woman. When he finished I tried to go to her, but I could not * * *. I tried for two or three minutes but was unable to do the job.'

James Luther Hairston, testifying in his own behalf, said that when he, John Clabon Taylor and Francis DeSales Grayson arrived at the scene they found 'a white lady' and the four other defendants around her. When asked what he did then, he said:

'A. Well, all of the boys -- I seen the boys go to the lady * * * Howard was the last one of the four that was up there and he left and DeSales Grayson got on her and he got off of her and I went to her. I got off and John Taylor went to her * * * Me and John left DeSales Grayson up there.'

Mrs. Mary Wade, a negro woman, testified that about 7:30 p.m. on January 8, Mrs. Floyd came to her house. 'She was crying * * * and asked me to call an ambulance. She said thirteen boys had raped her. She had a blue sweater on and on the arm it was torn. There was scratches on her arms. Her clothes was kind of hanging off and her hair tangled up. * * * Her thighs were redrubbed like. Her princess slip was on and shirt and sweater. She did not have on any bottom clothes.'

Mrs. Wade called her husband, who armed himself with a pistol, and the two, one on each side of Mrs. Floyd, went with her to Prilliman's Paint Shop, and telephoned the police.

After Mrs. Floyd had informed the officers of what had occurred, they went to the scene of the crimes and found Mrs. Floyd's change purse and watch. 'The ground was all scarred up, weeds mashed down.' They were unable that night to locate the spot where Mrs. Floyd said the men had taken her after ravishing her on the track, but the next morning they were able to locate the place where a scuffle had taken place, weeds had been mashed down, and a man's hat was lying near by.

Mrs. Floyd was admitted to the Martinsville hospital at 9:30 p.m. on January 8th. The doctor who examined her at the time, said 'She was very disheveled, her hair had apparently not been combed. Examination of her clothes did not reveal any bloodstains on them. However, there was an amount of dirt on her dress, slip and her coat. * * * there was some swelling on her lower lip. * * * multiple scratches and abrasions on both elbows, both shoulders, both knees and along the left thigh there was a long scratch, which to me was made by a finger-nail run from the outer surface down towards the knee. * * * a few scratches on the...